Sebastopol City Council
June 4, 2024

CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: June 4, 2024
======================================================================================== To: Honorable Mayor and City Councilmembers
From: Don Schwarz, City Manager
Mary Gourley, Assistant City Manager/ City Clerk
Subject: Approve release of Request for Proposals (RFP) for Garbage, Recyclable Materials, and Organic Waste Collection Services
======================================================================================== RECOMMENDATION:

Approve immediate release of the Request for Proposals (RFP) and associated Draft Solid Waste Collection Agreement (Draft Agreement) for Garbage, Recyclable Materials, and Organic Waste collection services.

EXECUTIVE SUMMARY:

On February 20, 2024, the Council directed City staff to pursue a competitive RFP process for solid waste collection services provided in the City, selecting R3 Consulting Group (R3) to conduct the procurement process.

Selected components of the draft RFP document were shared with Council during the April 2, 2024, Council meeting, including draft procurement schedule and draft RFP evaluation criteria. The Council provided suggested changes to the points attribution in the proposed RFP criteria, which R3 has incorporated into the RFP document.

R3 and City staff have now completed the first phase of this effort by preparing the RFP document and associated Draft Agreement. It is recommended that the Council authorize immediate release of the RFP so that the competitive procurement process can remain on schedule.

BACKGROUND AND DISCUSSION:

The City’s current exclusive solid waste collection agreement began on January 1, 2009. On September 19, 2017, the Council approved transferring the agreement to Recology Sonoma Marin (Recology). Originally a fifteen (15) year term, the agreement was extended by one year, expiring on December 31, 2024. This extension was enacted to allow the Council to establish an ad-hoc committee (committee) whose purpose was to review a proposal from Recology to extend garbage collection and recycling services and to negotiate terms and service rates for the City.

Ultimately, Recology and the committee were unable to reach agreement on mutually acceptable rates and services that could be recommended to the City Council and community.

In February, Council directed City staff to pursue a competitive RFP process for solid waste collection services that would be effective upon termination of the current agreement. R3 was contracted to conduct a competitive procurement process to solicit proposals for comprehensive and cost-effective solid waste collection services. To accommodate this process, Recology and the City have extended the current agreement to June 30, 2025. As noted above, the City Council reviewed the draft procurement schedule and draft RFP evaluation criteria, made suggestions and those have been incorporated into the RFP document.

Competitive Procurement Via RFP
The primary objective of the RFP process is to provide the City’s residents and businesses with the appropriate level of service, at the highest quality, and at the best rates. Achieving this requires identifying the best blend of proposer capabilities, services, and costs. R3 has conducted numerous procurements and follows a well-tested methodology that is structured and orderly. This approach, coupled with explicit specifications in the RFP, will establish a solid waste collection system that is effective, efficient, environmentally friendly, consistent, and safe.

Agenda Item Number: 3 Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

To facilitate this objective, the RFP provides detailed information enabling proposers to craft responses and propose compensation and rates that are fair and reasonable. The RFP process includes the following elements:
• A mandatory pre-proposal process and meeting with potential proposers. • Drafting responses to RFP inquiries and issuing addenda as needed. • Evaluating proposals and conducting interviews of top-ranked proposers. • Negotiating terms and conditions of final agreement with the highest ranked proposer. • Presentation of recommendations to the City Council.

Timeline of Key Dates
The table below shows the timeline of next steps for the RFP process.

Date Activity
June 5, 2024 Issue RFP and Draft Agreement
June 19, 2024, 2 p.m. Pre-Proposal Conference & Submit Form A June 27, 2024, 4 p.m. Final Day to Submit Questions
July 8, 2024 Responses to Questions emailed to vendors that have requested the RFP documents July 31, 2024, 4 p.m. RFP Due Date
August 14, 2024 Initial Evaluations Completed
August 14-21, 2024 Interviews
August 28, 2024 Final Evaluations Completed
September 4, 2024 Contract Negotiations Completed
September 17, 2024 Anticipated Award Recommendations
July 1, 2025 Service Begins
Proposal Evaluation
An evaluation panel comprised of City staff (with technical review assistance provided by R3) will evaluate proposals, conduct interviews, and score and rank the proposals via a consensus-based scoring process and in accordance with the evaluation criteria. City staff will return with an agenda item for Council consideration of proposed members of the evaluation panel. After completion of the proposal evaluation and interview process, City staff and R3 will return to City Council with a recommendation for selection of the proposer deemed to be capable of delivering the best value for the City. Then, staff and R3 will proceed to negotiate the final contract terms and conditions with the selected proposer and will bring a final agreement to the Council for approval. The updated evaluation criteria, which reflect the Council’s feedback provided in April, is included as Attachment 8 to the RFP.

New Agreement
Following Council’s action approving R3 to lead the RFP procurement effort, R3 (with support from City staff) conducted a review of existing services and potential additional service provisions. R3 prepared a new Draft Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Agreement for the City as part of this process. It is a revised form of agreement, incorporating current best practices in the solid waste industry. The Draft Agreement was designed to preserve and maintain existing services provided to the City’s residents and businesses while also offering updated terms and conditions and additional enhancements beyond the current provisions, where appropriate. The Draft Agreement addresses regulatory requirements such as AB 1826 and SB 1383 and serves to modernize the City’s overall solid waste agreement framework.

Key provisions of the Draft Agreement include, but are not limited to, the following:
• 15-year base term beginning on July 1, 2025, and up to two extensions of five years each. • Bundled rates setting a minimum recycling and organics services for all customers. • Formalizing, and updating where necessary, the following SB 1383 services:
o Education and outreach programs and services.
o Detailed tracking and compliance reporting.
o Contamination monitoring and route audits.
o Container colors and labeling to meet the requirements of SB 1383 (grey for garbage, blue for recycling, green for organics).
o Mulch or compost delivery to support recovered organic waste product procurement requirements.
• New or expanded services including:
o Holiday Tree pickup service.
o Move-in/move-out residential collection service for flattened cardboard boxes and packaging foam.
o Collection Containers cleaned on an as-needed basis.
o On-premises services for individuals with disabilities. o Low-income discount for customers who meet established criteria. o Potential to receive Bulky Waste collection service.
o Abandoned waste pickup upon request.
o Expanded industrial service offerings (e.g., C&D bins, additional bin sizes offered). o Up to ten City-sponsored events collections annually. o Support for SB 54 compliance-related activities.
o City-directed review of contractor performance.
o Use of low-carbon LNG, CNG, hydrogen or electric vehicles • Additional services, which will be available in the potential future event that the following services are no longer provided by the Sonoma County Waste Management Agency:
o Compost give-away events.
o Support for edible food recovery program.
o Household Hazardous Waste and Extended Producer Responsibility drop-off events. o Formalized Comprehensive waiver program for SB1383 Compliance.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

COMMUNITY OUTREACH:

This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda Items.

FISCAL IMPACT:

The Council approved up to $200,000 in consulting and staff fees all of which will be fully reimbursed to the City by the selected proposer within 30-days of contract execution.

OPTIONS:

1. That the City Council consider and approve the proposed RFP for immediate release (recommended); or

2. City Council not approve and provide other direction to Staff (not recommended due to limited timeframe for completion of the RFP process and enter into agreement).

ATTACHMENTS: RFP Document with Attachments including Draft Agreement.

APPROVALS:

Department Head Approval: Approval Date: 5-28-2024
CEQA Determination (Planning): Approval Date: 5-28-2024 The proposed action is not a project under the California Environmental Quality Act (CEQA) Administrative Services (Financial) Approval Date: 5-28-2024 Costs authorized in City Approved Budget: Yes ☐ No N/A
Account Code (f applicable) 100-1101-4210
City Attorney Approval: Approval Date: 5-28-2024
City Manager Approval: Approval Date: 5-28-2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Request for Proposals
Request for Proposals for Services Related to the City of Sebastopol’s Solid Waste Collection Agreement
Release Date:

June 5, 2024
Deadline for Submittal:

July 31, 2024
4 p.m. PT
Contact: Mary Gourley, Assistant City Manager / City Clerk Email: [email protected]
Phone Number: (707) 823-1153
City of Sebastopol
City Manager’s Office
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

TABLE OF CONTENTS
SECTION 1.0 BACKGROUND AND GENERAL INFORMATION
SECTION 2.0 INSTRUCTIONS TO PROPOSER/RULES GOVERNING RFP SECTION 3.0 PROPOSAL CONTENT AND FORMAT
SECTION 4.0 COLLECTION SCOPE OF SERVICES
SECTION 5.0 REQUIRED FORMS

ATTACHMENTS
Attachment 1 – Draft Solid Waste Collection Agreement
Attachment 2 – Waste Delivery Agreement with Republic Services, Including Recology’s Agreement to be Bound by City’s Waste Delivery Commitment and the Omnibus Amendment
Attachment 3 – Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency, Including Amendments and the 2017 Restatement Attachment 4 – Memorandum of Understanding with the Sonoma County Waste Management Agency Regarding Implementation of SB 1383
Attachment 5 – Current Solid Waste Subscription Data for the City of Sebastopol Attachment 6 – City of Sebastopol Living Wage Requirement Attachment 7 – City of Sebastopol Current Pay Rates, Ranges & Stipend Attachment 8 – Evaluation Criteria
Attachment 9 – Existing Collection Services Agreement Between the City of Sebastopol and Recology Sonoma Marin
Attachment 10 – Existing Rate Sheet for City of Sebastopol Solid Waste Services Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

SECTION 1.0

BACKGROUND AND GENERAL INFORMATION

1.1 INTRODUCTION
The City of Sebastopol (City) is requesting proposals (Proposals) from qualified firms (Proposers) to provide Garbage, Recyclable Materials, and Organic Waste1 collection services (Collection Services). This Request for Proposals (RFP) describes the required scope of services, the contractor selection process, and the minimum information that must be included in the proposals. The Draft Solid Waste Collection Agreement (Collection Agreement) is included as Attachment 1 to this RFP.

Post-collection transfer, processing, recycling, and disposal services are not included in this RFP. The City is party to two agreements that dictate post-collection for portions of the City’s waste streams: (1) a Waste Delivery Agreement with Republic Services (WDA), included here as Attachment 2, and (2) a Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency, as amended (JPA Agreement), included here as Attachment 3.

The WDA stipulates that all of Sebastopol’s Garbage must be transported to designated County disposal facilities. The Waste Delivery Agreement does not apply to the City’s source-separated Recyclable Materials; source-separated green waste; sourceseparated wood waste; source-separated residential food waste; construction and demolition waste; or self-haul waste. It does apply to the City’s commercial food waste.

As laid out in the Draft Collection Agreement, the contractor that is selected within this RFP process shall be responsible for transporting any collected source-separated Recyclable Materials; source-separated green waste; source-separated wood waste; and construction and demolition waste to any facility, provided that the facility is first approved by the City.

The JPA Agreement, entered into with the Sonoma County Waste Management Agency (Zero Waste Sonoma), stipulates that all of Sebastopol’s residential organic waste must be transported to designated County facilities.

The City intends to award one (1) exclusive Collection Agreement for the provision of residential, commercial, industrial, and municipal Collection Services. There is no guarantee that the City will make a contract award.

Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of the resultant contracts will be fifteen (15) years with an option to renew for up to two (2) additional five (5) year terms by means of a mutual agreement with the City.

Proposers are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, Proposers agree to read and understand these documents thoroughly.
1 Garbage, Recyclable Materials, and Organic Waste are as defined in Attachment 1 – Collection Agreement.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

About the City of Sebastopol
The City of Sebastopol is a General Law City, formed in the 1850s, with a population of approximately 7,500 residents and serves a trade area population in excess of 50,000 people. It is located in the northernmost part of the San Francisco Bay Area within Sonoma County. It sits just west of the region’s largest City, Santa Rosa, within a forested corridor of small incorporated and unincorporated towns that line Highway 116.

Sebastopol is located in a thriving agricultural region; the area once primarily produced apples and plums, but today wine grapes are the predominant agricultural crop.

Additional information about the City can be obtained from the City of Sebastopol website: https://www.cityofsebastopol.gov/

1.2 ACTION DATES
The following is an outline of the anticipated schedule for the Proposal review and contract award. All dates and activities are subject to change.

RFP SCHEDULE
Date Activity
June 5, 2024 Issue RFP and Collection Agreement
June 19, 2024, 2 p.m. PT Pre-Proposal Conference & Submit Form A June 27, 2024, 4 p.m. PT Final Day to Submit Questions
July 8, 2024 Responses to Questions emailed to vendors
that have requested the RFP documents
July 31, 2024, 4 p.m. PT RFP Due Date
August 14, 2024 Initial Evaluations Completed
August 14-21, 2024 Interviews
August 28, 2024 Final Evaluations Completed
September 4, 2024 Contract Negotiations Completed
September 17, 2024 Anticipated Award Recommendations
July 1, 2025 Service Begins

PRE-PROPOSAL CONFERENCE
A mandatory pre-Proposal video conference will be held online on June 19, 2024, from 2 p.m. to 4 p.m. Pacific Time (PT) via Zoom at:
https://us02web.zoom.us/j/89530920008?pwd=NmpPajIwN3I5Y05mcm9BYUdHOFF3d z09
Any Proposer interested in providing a Proposal must have an authorized person present and accounted for on the video conference.

Questions Concerning Request for Proposals
All questions must be submitted via email to [email protected] by 4 p.m.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

PT on June 27, 2024. Answers to questions received, as well as any addenda that may be issued by the City, will be emailed to prospective Proposers no later than July 8, 2024.

Any party submitting a Proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact), or agent regarding the RFP.

Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their Proposal rejected for violating this provision of the RFP.

Interested parties may obtain copies of the above-mentioned Proposal by emailing [email protected]. Once the Proposer has requested a copy of the RFP, that Proposer's name will appear on the Prospective Bidders list for the RFP, and they will receive any addenda or notifications relating to the RFP.

Submission of Proposals
The Proposal and any required certifications must be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer. Electronic Proposals shall be submitted via email to [email protected]. All required sections of the Proposal must be submitted via email. If the total file size of the submittal exceeds 120 MB, Proposers should upload files to a file-sharing site of their choosing and send the location of the files in their RFP submission email to the City. Proposers will receive an email confirmation indicating that their bid was submitted successfully.

Proposers are solely responsible for submission of their electronic Proposal by the stated Proposal Submittal Deadline. No Proposals received after the deadline shall be accepted and no exceptions shall be made. The time and date at which the Proposal is received by the City will be the governing time for acceptance of Proposals. No oral, telegraphic, facsimile, or telephone Proposals or modifications will be considered.

Proposals must be received no later than 4 p.m., local time (PT), on July 31, 2024.

Cancellation of RFP
The City reserves the right to cancel this solicitation at any time.

1.3 BACKGROUND / DESCRIPTION
On December 16, 2008, Sebastopol’s City Council adopted Resolution 5723 and entered into a collection agreement with Redwood Empire Disposal, also known as “The Ratto Group”. This agreement, which went into effect on January 1, 2009, covered solid waste, recyclable materials, and compostable materials collection, as well as street sweeping services. Subsequently, on September 19, 2017, the Council approved the assignment of the agreement from Redwood Empire Disposal to Recology Sonoma Marin (Recology). The original collection agreement initially had a fifteen (15) year term. This was later extended by one year and was set to expire on December 31, 2024.

On February 20, 2024, Council directed staff to issue this RFP for Collection Services.

Recology and the City subsequently approved an extension of the current collection agreement through June 30, 2025.

The City is also subject to an MOU with Zero Waste Sonoma Regarding the Implementation of SB 1383 Regulations, which is dated 2021 and enclosed as Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Attachment 4.

In accordance with State laws and industry best practices, the City seeks to procure a new Collection Agreement with updated terms and conditions and some additional services beyond the current service levels.

CITY SERVICE LEVELS
wAltogether, approximate Garbage subscription levels in the City as of late 2023 were:
• 683 20-gallon Garbage Carts.
• 1,178 32-gallon Garbage Carts.
• 419 64-gallon Garbage Carts.
• 120 96-gallon Garbage Carts.
• 713 Weekly cubic yards of Garbage service in Bins2.

See Attachment 5 for details on the number of subscriptions by type. The City makes no guarantee of the information included in Attachment 5.

According to the 2022 Electronic Annual Report (EAR) submitted by the City to CalRecycle, there are also 129 commercial Service Recipients that have received organics de minimis waivers that technically have 2-Bin collection services. The current contractor also provides collection services for 13 City facilities, with Garbage, Recyclable Material, and mixed Organic Waste collection at most of those locations.

CITY TONNAGE REPORTS
The charts below reflect tonnages for Garbage, Recyclable Material, and Organic Waste for the years 2021-2023. The City makes no guarantee of the accuracy of the information shown.
2 Cart and Bin are as defined in Attachment 1 – Collection Agreement. -
1,000.00
2,000.00
3,000.00
4,000.00
5,000.00
6,000.00
Residential Multi-Family Commercial Industrial Total
MSW Tons
2021 2022 2023
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

CITY SERVICES SUMMARY
The following services are offered to City residents and businesses under the current collection agreement.

Single-Family Dwelling Residents:
• Three-Cart service, which includes food scraps.

Multi-Family Dwelling Residents:
• Three-Cart/-Bin service, which includes food scraps.

Commercial:
• Three-Cart/-Bin service, which includes food scraps.
-
500.00
1,000.00
1,500.00
2,000.00
2,500.00
3,000.00
Residential Multi-Family Commercial Industrial Total
Recycling Tons
2021 2022 2023
-
500.00
1,000.00
1,500.00
2,000.00
2,500.00
3,000.00
Residential Multi-Family Commercial Industrial Total
Organics Tons
2021 2022 2023
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

All Residents and Businesses:
• Curbside Used Motor Oil Collection upon request.
• Holiday Tree Drop-Off Service at a location within the City limits. • Household Alkaline Battery Drop-Off Service at locations within the City limits. • Bulky Item Collection on a for-fee basis.

Additional services are provided to residents for free through Zero Waste Sonoma.

These services include Household Hazardous Waste (HHW) collection events, Electronic Waste collection events, resources for pharmaceutical and sharps takeback programs and drop-off locations, the California Paint Care Program for paint recycling, the ReFuel your Fun program for refillable propane gas cylinders, and compost giveaway events.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

SECTION 2.0

INSTRUCTIONS TO PROPOSERS / RULES GOVERNING RFP

2.1 PROCUREMENT GOALS
The City’s intent with this RFP is to continue to provide the community with the appropriate level of service, of the highest quality, and at the best Service Rates (Section 5, Form K). The specifications contained within this RFP are designed to establish an effective, efficient, environmentally clean, uniform, and safe system of solid waste collection. To this end, this RFP includes information to allow Proposers to properly prepare their responses and compute fair and reasonable compensation and rate Proposals. While the City has endeavored to be as accurate as possible, the City makes no guarantee of the accuracy of information included in this RFP.

IT IS THE SOLE RESPONSIBILITY OF PROPOSERS TO GATHER AND ATTAIN

ANY AND ALL RELEVANT INFORMATION NEEDED TO PROVIDE COMPLETE,

VALID, AND ACCURATE PROPOSALS, INCLUDING BUT NOT LIMITED TO RATE PROPOSALS.

Except where this RFP provides new and/or enhanced services greater than are provided in the City today, the City further intends for all current solid waste services to continue without interruption, irrespective of whether those services are specifically identified in this RFP or in the Collection Agreement provided as Attachment 1.

IT IS THE SOLE RESPONSIBILITY OF PROPOSERS TO CONDUCT THEIR

INDEPENDENT DUE DILLIGENCE IN IDENTIFYING, UNDERSTANDING, AND

COMMITING TO PROVIDE ALL CURRENT SOLID WASTE SERVICES WITHOUT INTERRUPTION IF AWARDED A CONTRACT.

The City further intends that all Service Rates charged to Service Recipients be fair and reasonable. Proposers are requested to provide rate proposals that would keep Service Rates flat compared to current Service Rates, if feasible, and otherwise minimize, to the greatest extent possible, changes in the Service Rates paid by Service Recipients in the City.

Examination of the Request for Proposals
Proposers must carefully examine the entire RFP, any addenda thereto, and all related materials and data referenced herein or otherwise available to Proposer. Proposers shall be presumed to be familiar with all specifications and requirements of this RFP.

The failure or omission to examine any form, instrument, or document shall in no way relieve Proposers from any obligation with respect to this Proposal.

Addenda
The City will issue written addenda to make changes, additions, or deletions to this solicitation. Oral communications regarding this RFP will NOT be valid or binding, nor excuse prospective Proposers of any obligations hereunder, unless set forth in writing by the City. Addenda will be sent to all Proposers that have emailed the City to request a copy of the RFP materials. Proposers may email [email protected] to Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

become a prospective bidder. It is the responsibility of each Proposer to ensure that they are a prospective bidder to receive and acknowledge all addenda.

2.2 GENERAL GUIDELINES
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a Proposal pursuant to this RFP, or to procure or contract for work.

The City may reject any or all Proposal(s) without providing reason(s) underlying the declination. A failure to award a contract to the Proposer with the lowest cost Proposal shall not constitute a valid cause of action against the City. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by the Proposer, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:
• Reject any or all Proposals.
• Issue subsequent Requests for Proposal.
• Postpone opening for its own convenience.
• Remedy technical errors in the Request for Proposal process. • Negotiate with any, all, or none of the Proposers.
• Solicit best and final offers from all or some of the Proposers. • Accept other than the lowest proposed fees.
• Waive informalities and irregularities in Proposals.

Public Records
All Proposals submitted in response to this RFP become the property of the City and are subject to the California Public Records Act. By submitting a Proposal, Proposers acknowledge and accept that the contents of the Proposal and associated documents will be subject to public inspection and review.

Trade secrets may be marked as “confidential” only to the extent they meet the requirements of California Government Code section 6254.7. If a Proposer submits an entire Proposal marked “confidential”, it will be considered non-responsive. Each Proposer should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be able to establish that the information, which a Proposer submits, is a trade secret. If a request is made for information marked “confidential”, the City will provide the Proposer who submitted such information with reasonable notice to allow the Proposer to independently seek protection from disclosure by a court of competent jurisdiction.

Insurance Requirements
The City requires contractors doing business with them to obtain insurance, as shown in the Draft Solid Waste Collection Agreement (Attachment 1). The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

the commencement of any work.

Business Licenses
The successful Proposer and all subcontractors used in the work will be required to hold or to obtain a City business license, for which the fees will not be waived.

Compliance with State Laws
The Proposer and all subcontractors shall submit Proposals that are fully compliant with applicable laws within the State of California, including, but not limited to, the requirements of SB 1383, AB 1594, AB 1826, AB 341, SB 54, and any other existing applicable regulations.

Compliance with City Ordinances
Proposers and all subcontractors shall comply with the City of Sebastopol’s Living Wage Requirement (Sebastopol Municipal Code, Chapter 2.72), which is incorporated into the Contract Documents by this reference. Additionally, the Proposer and all subcontractors shall comply with Chapter 13.16 of the City of Sebastopol Municipal Code, which deals with the Collection and Disposal of Garbage (Chapter 13.16).

City Living Wage Requirement
The City of Sebastopol’s Living Wage Requirement for Specified City-Funded Contracts and City Employees (Attachment 6) requires that employees of City service contractors earn an hourly wage that is sufficient to enable one working parent with one dependent to live with dignity and economic self-sufficiency. It also requires that City service contractors provide their employees with at least 22 days off per year for sick leave, vacation, or personal necessity. The City’s current pay rates, including the current living wage rate, are enclosed in Attachment 7 of this document.

Collusion
By submitting a Proposal, each Proposer represents and warrants that its Proposal is genuine and not false or collusive or made in the interest of, or on behalf of, any person not named therein; that the Proposer has not directly or indirectly induced or solicited any other person to submit a false Proposal, or any other person to refrain from submitting a Proposal; and that the Proposer has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a Proposal.

Withdrawal of Proposals
A Proposer may withdraw their Proposal before the expiration of the time for submission of Proposals by delivering to Mary Gourley ([email protected]) a written request for withdrawal signed by, or on behalf of, the Proposer. This request must be received by the City prior to the expiration of the time for submission of Proposals.

Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Collection Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Collection Agreement shall be subject to private use, copyrights, or patent rights by Proposer in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright, or patent, in whole or in part, any such reports, studies, data, statistics, forms, or other materials or properties produced for this RFP.

2.3 PROPOSAL RESPONSE
Proposers must submit their Proposals and all required information and forms by the submittal deadline. Proposals failing to provide complete information may be deemed non-responsive. Proposers must keep their own copies of their submittals for future reference. Before submitting a response, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the Collection Agreement and to verify any representations made by the City. If Proposer receives an award because of its Proposal submission, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligation to comply in every detail with all provisions and requirements of Collection Agreement, nor will ignorance of such conditions and requirements be accepted as a basis or justification for any claim whatsoever by the Proposer.

Modification of Proposals
Any Proposer who wishes to make modifications to a Proposal already received by the City before the Submittal Deadline must withdraw their Proposal to make the modifications. All modifications must be made via email, properly by the Proposer’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation. It is the responsibility of a Proposer to ensure that modified Proposals are resubmitted before the Submittal Deadline. Proposers may withdraw their Proposals at any time prior to the due date and time by submitting notification of withdrawal signed by Proposer’s authorized agent. Proposals cannot be changed or modified after the date and time designated for receipt.

Proposal Validity
Proposals submitted hereunder shall remain valid for two hundred ten (210) calendar days from the Submittal Deadline unless otherwise qualified.

Costs Incurred in Responding
The City will not pay or reimburse any costs incurred in Proposal preparation, presentation, demonstration, or negotiation, nor does it commit to procure or contract for any services. All costs of Proposal preparation shall be borne by Proposers. It is understood that all Proposals, inquiries, and correspondence relating to this RFP, as well as all related reports, charts, displays, schedules, exhibits, and other documentation, will become the property of the City when received by the City and may be considered public information under applicable law. The City assumes no liability for any costs incurred by Proposers throughout the entire selection process.

2.4 COMPLIANCE WITH COLLECTION AGREEMENT
Successful Proposers will be required to enter into the written Collection Agreement (Attachment 1). Proposers must carefully review the Collection Agreement. Any comments/exceptions to this contract must be included in your Proposal. Precise substitute wording must be offered in place of any excepted language. It is not sufficient Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

to state merely that an exception is noted to a particular paragraph. Deviations considered excessive by the City may reduce or eliminate a Proposer, and the City is under no obligation to agree to any exceptions whatsoever. Proposed Service Rates must be as per the Collection Agreement without agreement to any exceptions.

Commitments, Warranty, and Representations
The Proposal submitted in response to this RFP will be included as part of the final Collection Agreement. Proposers are cautioned that if a contract is awarded resulting from this procurement process, any written commitment by a Proposer within the scope of this procurement shall be binding upon Proposers, whether or not incorporated into a contract document. Failure of the Proposer to fulfill any such commitment shall render such Proposer liable for liquidated or other damages due the City under the terms of the Contract. For the purpose of this procurement, a commitment by a Proposer includes:
 Any modification of, or affirmation or representation as to the above, which is made by a Proposer in or during the course of negotiation.  Any representation by a Proposer in a Proposal, supporting document, or negotiations subsequent thereto as to services to be performed, regardless of the fact that the duration of such commitment may exceed the duration of the contract.

2.5 CASHIER’S CHECK
Proposers are required to submit one cashier’s check in the amount of twenty-five thousand dollars ($25,000) to guarantee Proposers’ obligation to negotiate in good faith and execute a Collection Agreement with the City of Sebastopol at proposed Service Rates. If Proposer(s) fail, refuse, or neglect to furnish the required cashier’s check, the City may, in recognition of the difficulty of assigning a specific damage amount for the harm caused, cash the certified check as compensation for liquidated damages for Proposers’ breach. The cashier’s check MUST be received by the City, and marked with the words “PROPOSAL DEPOSIT” and the Proposal number, NO LATER THAN 48 hours after the Proposal due date and time (i.e., no later than August 2, 2024, at 4:00 pm PT), for the Proposer to be considered responsive. The address to which the cashier’s check can be sent or delivered is:

City of Sebastopol
City Manager’s Office
7120 Bodega Avenue
Sebastopol, CA 95472
Upon receipt of the cashier’s check, the City will immediately deposit the check upon opening Proposals. After the Proposals are opened, checked, and duly considered, the City will issue a reimbursement check if the Proposal is not awarded.

2.6 PROPOSAL VALIDATION PASS/FAIL REVIEW
A panel of staff members from the City, as well as any other parties that the City deems necessary (Evaluation Panel), will conduct an initial “Pass/Fail” review of all Proposals submitted to check for completeness and compliance with the Proposal requirements.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Proposals that have been determined to be complete and in compliance with the Proposal requirements will undergo further evaluation. Proposals that are not complete or are not in compliance with the submittal requirements may be disqualified from further evaluation and will be returned to Proposers.

The following documents are required to be completed and submitted by Proposers:
 Proposal Cover Letter (signed)
 Executive Summary
 A cashier’s check for $25,000
 Performance Bond Commitment Letter
 Table of Contents
 General Qualifications
 Statement of Financial Qualifications
 Technical Proposal
 Forms (see list below)
 Service Exceptions/Alternatives (if applicable)
 Collection Agreement Exceptions/Alternatives (if applicable)  Appendices (if applicable)
Forms (See Section 5 of RFP):
 Form A: Communication Protocol (DUE JUNE 19, 2024, BY 2 P.M. PT)  Form B: Proposer’s Statement of Organization
 Form C: Certification of Non-Gratuities
 Form D: Container Specifications
 Form E: Vehicle Specifications
 Form F: Non-Collusion Affidavit of Proposer
 Form G: Service Recipient Service Rate Proposal Summary and Signature  Form H: Pass/Fail Requirements
 Form I: Notice to Proposers Regarding Insurance Requirements  Form J: References
 Form K: Service Rates

2.7 REJECTION OF PROPOSALS
While the City intends to enter a Collection Agreement for these services, they are not bound to do so. The City reserves the right to reject any or all Proposals. The City reserves the right to reject the Proposal of any Proposer who:
 Previously failed to perform adequately for the City or any other governmental agency within the previous twelve (12) months.
 Submits false, incomplete, or unresponsive statements in a Proposal.  Is in default on the payment of taxes, licenses, or other monies due the City.  Submits a Proposal containing errors or discrepancies.

Errors/Defects in Proposals
If discrepancies between sections or other errors are found in a Proposal, the City may reject the Proposal; however, the City may, at its option, correct any errors or request Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

that Proposers correct errors. The City may waive any immaterial deviation or defect in a Proposal. The City’s waiver of an immaterial deviation or defect shall in no way modify the RFP documents or excuse Proposers from full compliance with the RFP requirements, if awarded a contract.

2.8 PROPOSAL EVALUATION
Those Proposals that have passed an initial “Pass/Fail” review described below will be evaluated and scored by the Evaluation Panel based on the Evaluation Criteria listed in Attachment 8. A consensus scoring model will be used for evaluation. The results of the evaluation will dictate which respective Proposer the City selects for negotiation of final Collection Agreement. A negotiated final Collection Agreement will be presented to the City Council with a recommendation for the award of a Collection Agreement.

The Evaluation Panel may contact and evaluate Proposer’s and subcontractors’ references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the evaluation process. In determining and evaluating the best Proposal, the Service Rates will not necessarily be controlling, but quality, equity, efficiency, sustainability, utility, general terms, delivery, suitability of the service offered, and the reputation of the service in general use will also be considered, with any other relevant factors. The following subsections provide a discussion of each of the Evaluation Criteria. The full and exact list of Evaluation Criteria can be found in Attachment 8.

Service Rates & Value (30 points)
The Service Rate evaluation is intended to provide an equitable basis for comparison between Proposals and an evaluation of the effect of programs on Service Rates. Only Service Rate information as submitted by Proposers will be used in this evaluation. The Proposals will be reviewed to verify that the proposed Service Rates are consistent with the activities described in the Proposal and Proposer’s Technical Plan and Collection Service Operations Plan, and, as part of the evaluation, the City may require Proposers to provide detailed assumptions made in developing their Service Rates. Proposed Service Rates, including Service Rates for optional services, will be compared by services. Note, however, that Service Rates for alternatives, as provided for in Section 3.3:

Proposal Section 6, will not be included as part of the Service Recipient Rate evaluation. Please note the following:
• All Service Rates are intended to be bundled and charged based on Garbage container size, and inclusive of minimum levels of Recyclable Material and Organic Waste.
• Throughout the term of the Collection Agreement, the selected Proposer may not charge for any service not explicitly included in the final Service Rates.
• Throughout the term of the Collection Agreement, the selected Proposer will not receive any revenue that is not based on approved services as allowable to bill using the schedule of Service Rates.
• Throughout the term of the Collection Agreement, the only adjustment to Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Service Rates will be as provided for via annual rate adjustments (methodology provided in Attachment 1).

Rankings for this category will be on a curve, with the most responsive Proposer providing the best Service Rates in each sector (SFD residential, MFD residential, commercial, industrial/roll-off boxes) at the best value being awarded up to the maximum 30 points, and with other Proposers scaling proportionately based on proportionate Service Rates and value.

Quality of Service & References (18 points)
The experience, past practices, and prior performance of each Proposer will be evaluated to determine the relative ability of each Proposer to implement the program elements described in this RFP and to attain the City’s objectives for solid waste collection services. Qualifications and areas of experience to be considered will include, without limitation:
• Qualifications and structure of project management team, relationships between management team and corporate management, and internal controls.
• Previous experience, past practice, and prior performance providing services to jurisdictions of similar size.
• Successful prior operation of solid waste collection programs. • Implementation and administration of complex solid waste collection systems, including equipment selection and route design. • Successful operation of Recyclable Material and Organic Waste programs that achieved high participation levels and diversion rates. • Demonstrated expertise in implementing and maintaining customer service programs, including the development and use of performance measures and benchmarking.
• Previous experience, past practice, and prior performance in successfully designing and implementing transition plans, relevant to this RFP. • Experience in designing, implementing, and operating public education and information programs that promote high participation and diversion. • Demonstrated expertise in designing and using data management systems to assure accurate data collection, analysis, and reporting. • An evaluation of financial statements.
• A financial review of each Proposer, including a review of key financial indicators, outstanding debt and debt coverage ratios, and ability to finance capital purchases and needed start-up investments in equipment. • Proposer's capacity and plans for responding to fluctuations in the value of Recyclable Material markets.
• References whom the Cities may contact regarding past practices and prior performance.
• Litigation history.

Sustainability (18 points)
Each Proposal will be evaluated based on its approach to providing effective collection services while meeting or exceeding diversion requirements; reducing Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

vehicle miles traveled, greenhouse gas emissions, and damage to City roadways; and helping the City to implement its environmental initiatives. This will include evaluation of Proposer’s internal sustainability programs and practices. Proposers are specifically requested to provide detailed information regarding how their Proposals will reduce, track, monitor, and report on GHG emissions to the City. Proposals that provide clear and detailed information regarding reduction, tracking, monitoring, and reporting of GHG emissions to the City will maximize their points for the sustainability criteria. Innovative approaches that increase sustainability will also be considered. Criteria to be considered will include, without limitation:
• Demonstrated ability to support City efforts to mitigate environmental and infrastructural impacts of solid waste collection, including, but not limited to, reducing vehicle miles travelled (VMT), air pollution (GHG), and damage to City roadways.
• Proposed approach to facilitating City’s implementation of its Climate Action Framework, Zero Waste goals, and associated environmental initiatives. • Approach to the use of alternative fuels in collection vehicle fleet, in a blend consistent with EPA and Department of Energy standards for alternative fuels, and approach to the implementation of CARB’s ACF regulations. • Internal sustainability programs (use of local vendors, innovative “green” approach to providing services, corporate sustainability, etc.).

Proposed Services, Improvements, & Technology (13 points) Each Proposal will be evaluated based on their approach to providing innovative, high quality, and effective collection of Recyclable Material and Organic Waste.

Innovative approaches to program and service provision that improve efficiency, lower cost, and/or improve service will also be taken into consideration. As part of this subsection of the evaluation, a technical review will be undertaken to evaluate how Proposers can meet the proposed performance specifications and criteria on a long-term basis, as well as transitioning into the role of the solid waste collection service provider for the proposed Service Area. The technical evaluation will include, without limitation, the Proposer’s:
• Overall collection approach (automated collection, split-body collection vehicles, diversion facilities to be used, types of containers to be used, etc.).
• Approach to transitioning that minimizes disruption to the community and Proposer’s implementation schedule.
• Approach to providing a high quality and customized customer service program.
• Data management system for tracking customer service data and providing accurate reports to the City.
• Commitment to employee and public safety.
• Approach to provide the City with annual updates on new innovations to consider.

Community Employment & Partnership (8 points)
Each Proposal will be evaluated with respect to a Proposer’s demonstrated Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

experience fostering and supporting the safety and well-being of the City’s community, their proposed activities to enhance the well-being of the City’s community, the total number of jobs generated in the City resulting from the Proposer’s waste collection services and operations, and the Proposer’s willingness to engage in discussions with organized labor. This will also include compliance with the requirements for Proposers to retain displaced employees from current service providers.

Communication, Outreach, & Customer Service (8 points)
Each Proposal will be evaluated based on Proposer’s approach to providing effective and innovate strategies to delivering Education and Outreach materials to all Service Recipients that will increase awareness of, and participation in, all required services, promote achievement of diversion requirements, and reduce contamination of collected Organic Waste and Recyclable Materials. Each proposal will also be evaluated based on Proposer’s approach to providing customer service.

Financial Ability & Integrity (5 points)
Each Proposal will be evaluated based on Proposer’s financial health and key financial indicators, as well as Proposer’s approach to preventing and identifying internal fraud, corruption, and financial malfeasance.

Additional information and Interviews
If, during the evaluation process, the City is unable to determine a Proposer's ability to perform, the City has the option of requesting any additional information which the City deems necessary to determine Proposer’s ability. Proposers will be notified and permitted five (5) working days to comply with any such request. Proposers may be invited to interview with the City.

Proposal Evaluation and Selection Process
All Proposals shall be reviewed and evaluated by the Evaluation Panel to verify that the Proposer has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or make unacceptable exceptions to the General Terms and Conditions of the Collection Agreement will be eliminated from further consideration.

The City reserves the right to reject any or all Proposals, or to make no award. The City also reserves the right to require modifications and/or follow up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that Proposer to determine final pricing and contract form. Because this Proposal is negotiable, all pricing data will remain confidential until after an award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process.

Pre-Award Negotiations
After the Proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked Proposer for purposes of:

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

 Resolving minor differences and information.
 Clarifying necessary details and responsibilities.
 Emphasizing important issues and points.
 Receiving assurances from Proposers.
 Cost/budget clarifications.

If the City cannot successfully negotiate a contract with the highest ranked Proposer, the City may begin negotiations with the second-highest ranked Proposer. Selection may be made without further discussion, negotiations, or Proposer’s presentations; therefore, Proposer shall offer the most favorable terms in response to this RFP. The Proposer must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Proposer shall include information that will enable the City to determine the Proposer’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the Proposal response, to enable the City to arrive at the final award decision.

2.9 AWARDS
Awards will be made to the Proposer offering the most advantageous Proposal after consideration of all evaluation criteria set forth herein. The City Council of the City of Sebastopol will have final authority over which Proposer is awarded a Collection Agreement. The City shall not be obligated to award a Collection Agreement to the Proposer with the lowest Service Rates, though the City does request proposals that would minimize any changes in Service Rates for Service Recipients. An award, if made, will be in the best interest of the City after all factors have been evaluated. The City shall be the sole judges of the successful Proposals hereunder.

The City reserves the right to negotiate with any or all Proposers and to award a Collection Agreement to the Proposer that is not highest ranked. Proposers are advised that it is possible awards may be made without discussion or any contact concerning the Proposals received. Accordingly, Proposals must contain the most favorable terms, from a service rate and technical standpoint, that the Proposer can submit to the City.

DO NOT ASSUME you will be contacted or afforded an opportunity to clarify, discuss, or revise your Proposal.

An award will be made by means of a written Collection Agreement with the successful Proposer. A Notification of Intent to Award may be sent to any Proposer selected.

Award is contingent upon successful negotiation of final Collection Agreement terms and approval by the City Council. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless agreement is reached. If negotiations cannot be concluded successfully, the City may negotiate with other qualified Proposers. The successful Proposer will be required to provide the City with the following:
 Fully executed Collection Agreement for Garbage, Recyclable Materials, and Organic Waste Collection Services.
 Performance Bond in the amounts specified in Attachment 1.  Insurance Required by Collection Agreement.
 W-9 Form.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

2.10 PROTEST PROCEDURES
To be considered, protests must be made in writing, signed by Proposer’s authorized representative, and delivered to the City as follows:
 City of Sebastopol, c/o Mary Gourley, located at City Hall, 7120 Bodega Avenue, Sebastopol, CA, 95472
The following conditions apply to Proposal protest:
 Before Proposal Submittal Deadline. Protests of specifications, terms, conditions, procedures, or any other aspects of the solicitation must be made before the Proposal Submittal Deadline.
 After Proposal Submittal Deadline. Protest of award must be made, by Proposer, no later than five (5) calendar days after the notice of intent to award.

All protests must include the following information:
 The name, address, and telephone number of the protestor.  The signature of the protestor (or protestor’s authorized representative).  The solicitation number.
 A detailed statement of the legal and/or factual grounds for the protest.

The City reserves the right to refuse to hear protestors who have not followed the above procedures.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

SECTION 3.0

PROPOSAL CONTENT AND FORMAT

3.1 PROPOSAL PREPARATION
To be considered responsive, Proposals must address all items identified in this section.

Some items require that Proposers provide a detailed response and/or attachments.

Failure to provide a complete response may be grounds for rejection of Proposal.

Furthermore, Proposals must be prepared in such a way as to provide a straightforward and concise discussion of Proposer’s ability to provide the services that can best satisfy the requirements herein and the needs of the City. Elaborate or unnecessarily lengthy documents are discouraged. Emphasis must be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and completeness and clarity of content. Assemble and present your Proposal response in the order that the items are listed, identifying each response by the corresponding number.

Only one (1) Proposal from any individual, firm, partnership, or corporation under the same or different names will be considered. Proposals by corporations must be executed in the corporate name by two (2) corporate officers. One signature must be from the chairman, president, or vice-president, and the other signature must be from the chief financial officer, assistant treasurer, secretary, or assistant secretary. The corporate address and state of incorporation must be shown below the signature.

Proposals by partnerships must be executed in the partnership name and signed by a partner. Their title must appear under their signature, and the official address of the partnership must be shown below the signature. Proposals by limited liability companies must be executed in the company’s name and signed by a managing member. No Proposer shall take exception to the specifications herein. Proposals taking exception to the specifications may be rejected as non-responsive.

3.2 PROPOSAL CONTENT/FORMAT GUIDELINES
To expedite the evaluation process, each Proposal shall be organized in accordance with this section as outlined in the table below. Instructions for preparing each section of the Proposal shown in the outline are given in the following sections. Proposals that do not follow the specified format outlined below, or fail to provide the required documentation, may receive lower scores during the evaluation process. In the event of any conflict between any of the Proposal documents, resolution thereof shall be in the City’s sole discretion. Proposers shall provide the information as requested and as applicable to the proposed services. Headings and section numbering utilized in the Proposal shall be the same as those identified in the table below.

Section Outline for Proposal

1. Cover Letter; Executive Summary; Performance Bond
Commitment Letter; Table of Contents

2. General Qualifications

3. Statement of Financial Qualifications
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Section Outline for Proposal

4. Technical Proposal

5. Forms

6. Exceptions/Alternatives (if applicable)

7. Appendices (if applicable)
Each Proposal will adhere to the following order and content of sections. Proposals should be straightforward, concise, and provide “layman” explanations of technical terms that are used. Proposals which appear unrealistic in terms of technical commitments, lack technical competence, or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The City requests that all Proposers keep the Proposal length to a minimum page count that still conveys the required information.

The following Proposal sections are to be included in the Proposer’s response:

Proposal Section 1: Cover Letter; Executive Summary; Performance Bond Commitment Letter; Table of Contents
A. Cover Letter: A cover letter, not to exceed four (4) pages in length, should summarize key elements of the Proposal and shall:

1. Confirm that all elements of this RFP have been reviewed and understood.

2. Include a statement of intent to perform the services as outlined.

3. Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, the associated insurance requirements (Attachment 1), and the Collection Agreement (Attachment 1).

4. Include the name of the entity that will sign the Collection Agreement, in the event one is awarded.

5. Submit a written description and brief history of the company’s experiences, qualifications, and successes in providing services described herein. Please indicate the number of employees, client base, and location of offices.

6. Describe the type of organization (e.g., corporation, partnership, limited liability company, including joint venture teams and subcontractors) submitting Proposal.

7. Indicate the address and telephone number of the Proposer’s office located nearest to Sebastopol, California, and the office from which the contract will be managed.

8. Include the name, address, telephone number, fax number, and email address of applicant’s key contact person.

9. Confirm that Proposer has a minimum of three (3) years verifiable experience.

10.Stipulate that the Proposal price will be valid for a period of at least 210 days.

11.Identify a single person as the point of contact during the RFP review process.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

12. Be signed by an authorized official of the company.

13.Include written statements warranting, certifying, and guaranteeing the following:
a. Proposer has examined, understood, and agreed to the Collection Agreement.
b. The requirements of the Collection Agreement as described in this RFP document, its enclosures, and all addenda, by listing all addenda and dates received, have been thoroughly reviewed and Proposer has conducted all due diligence necessary to confirm material facts upon which the Proposal is based.
c. Proposer will not receive any additional compensation that is not included in Proposer’s Service Rates for providing Collection Services in the City.
d. The validity of the Proposal contents, including proposed Service Rates, for a period of two hundred ten (210) days.
e. Proposer will enter into a Collection Agreement with the City if selected as a service provider.
f. No gratuities have been or will be offered or given by Proposer, or any agent or representative of Proposer, to any officer or employee of the City or any participant in the selection of a Proposer to furnish the services described herein to secure a favorable treatment regarding the evaluation, scoring, and Collection Agreement award process.

The cover letter must be signed by individual(s) who is/are authorized to bind Proposer(s) contractually. The signature(s) must indicate the classification or position that the individual(s) hold in the company. The cover letter must designate a person or persons who may be contacted during the period of evaluation with questions or contract issues. Include name(s), title, address, telephone number, fax number, and email address.

B. The following items must be appended to the Cover Letter:

1. Executive Summary – Not to exceed six (6) pages.
a. Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished.
b. Refer to description of services for this RFP.
c. Must highlight the major elements of Proposer’s qualifications and Proposal, including a brief description of Proposer’s initial transition plan and schedule, and facilities to be used.
d. All information must be provided in a concise manner.

2. Performance Bond Commitment Letter.

3. Table of Contents.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Proposal Section 2: General Qualifications
A. Key Staff Persons: Proposers must identify each person and provide resumes for key staff proposed for the service identified herein. Demonstrated experience in providing collection services, and knowledge of collection containers and automated collection vehicles, is of key importance to the City. Additionally, Proposers must demonstrate experience and ability to work closely with the current service providers and City staff during the transition period, and on an ongoing basis with City staff during the duration of the Collection Agreement. Key staff persons must include Proposer’s Service Supervisor and Collection Service Manager assigned to the City.

1. Describe proposed Collection Agreement team organization, including identification and responsibilities of key personnel.
a. Proposers must provide names and resumes of principal officers, partners, or other officials or managers who will be performing substantive responsibilities required under the Collection Agreement. b. Proposers must describe relevant technical experience of key personnel, including their backgrounds in Garbage, Recyclable Material, and Organic Waste collection.

2. Indicate the extent of the commitment of key personnel for the duration of the Collection Agreement and furnish resumes of key personnel. a. Provide an indication of the staffing level for the Collection Agreement. b. The City’s evaluation of the Proposal will consider the Proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City.

3. Describe the experience of the Proposer’s Collection Agreement team in detail, including the team’s Project Manager and other key staff members, on contracts of similar size, capacity, and dollar value.
a. For each similar contract, include the client’s name and correct telephone number.
b. It is the City’s policy to interview Proposers’ references as well as references identified by the City.

4. Indicate role and responsibility of prime contractors and all subcontractors. a. Subcontractor letters of commitment are required and must be submitted with the Proposal.
b. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting.

5. References
a. Proposers must provide a minimum of three (3) clients the City may contact to conduct a reference check, with a minimum of one (1) reference located in the Bay Area.
b. Proposers must be providing or have provided similar services as requested herein to these references within the last three (3) years.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

c. Proposers must provide references that are relevant to the personnel team identified in the Proposal.
d. Complete references must also be included on the Form provided in Section 5 of this RFP.

B. Litigation and Notice of Violation History

1. For all Litigation and Notice of Violation History, Proposers may limit disclosures to the State of California. Proposers must provide a history for the last five (5) years of all claim settlements, arbitrations, litigation proceedings, and civil actions involving one hundred thousand dollars ($100,000) or more, and all criminal actions in which the company, its parent company, subsidiaries, all partners, or principals were involved. For each case, Proposers must provide the following:
a. The name of the claim, arbitration, litigation, or action. b. The amount at issue or the criminal charges alleged. c. The resolution of the case.

2. Proposers must also provide details of any current or threatened legal actions in the State of California against Proposers or its parent company, subsidiaries, all partners, principals, or joint venture company(ies) by a governmental entity contracting with Proposers or its parent company for services relating to solid waste management, or against such a government entity by Proposers or its parent company or joint venture company(ies). For each action, Proposers must provide the following:
a. The name of the action.
b. The court in which the action is pending.
c. The action number.
d. The amount at issue.

3. Proposers shall provide a list of all notices of violation and/or enforcement actions taken against it during the last five (5) years by any regulatory agency, such as, but not limited to, the U.S. Environmental Protection Agency, an air quality management district, a Local Enforcement Agency under the California Integrated Waste Management Act, Cal-EPA, or Cal/OSHA. The list shall include the name of the regulatory agency, the date of the enforcement action, and a copy of any notice of violation. Proposers shall inform the City if it has had a permit, franchise, license, entitlements, and/or business license that has been revoked or suspended in the last five (5) years.

4. Proposers must list any liquidated damages, administrative fines, charges, or assessments that total fifty thousand dollars ($50,000) or greater in any one (1) calendar year during the last five (5) years that have been paid by Proposers to a public agency as a result of solid waste management services provided by Proposer. The list shall include the name of the public agency; the date and amount of the liquidated damages, administrative fines, charges, or assessments; and the reason the public agency assessed the liquidated damages, administrative fines, charges, or assessments. Proposers must list any claims against a bid, Proposal, or performance bond and the results and Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

failure to receive a bid, Proposal, or performance bond, or any contractual defaults or termination in the last fifteen (15) years.

Proposal Section 3: Financial Qualifications
A. Statement of Financial Qualifications

1. Proposers must provide a written statement of their financial qualifications to perform the work described in this RFP.
a. The statement must thoroughly describe and provide documentation of Proposer’s ability to secure financing for all trucks, facilities, other equipment, and labor required to perform all services described in this RFP and must include the total estimated amount of expense and financing that is expected to be incurred and utilized in performing the work.
b. This statement must be accompanied by a letter from Proposer’s bank/financial institution clearly stating that Proposer has adequate assets and/or an irrevocable line of credit that is sufficient to compensate for all required capital costs, equipment costs, start-up costs, and a minimum of three (3) months’ operating costs.

2. Proposers must provide copies of audited financial statements for the entity that is proposed to sign the Collection Agreement for the most recent three (3) fiscal years.
a. Audited financial statements must include balance sheet, income statement, statement of changes, footnotes, and subsidiary schedules. b. If a Proposer does not have audited financial statements, three (3) years of business tax returns, with supporting schedules, may be provided.

However, tax returns are not an alternative to providing audited financial statements; if a Proposer has audited financial statements, those must be provided.
c. The City reserves the right to require submission by Proposer, at no cost to the City, of an opinion by a certified public accountant with regard to the financial status of such Proposer, including ownership of, or interest in, equipment and facilities, prior to award of a Collection Agreement.

As is set forth in this RFP, the City will make reasonable efforts, but make no representation, that it will be able to maintain total confidentiality of Proposer’s financial information. A Proposer that submits financial information that it asks to have treated as confidential should submit a statement justifying the request, reference it in the Proposal, and label it as a separate attachment, clearly identifying it as confidential. At all times, the City will comply with the provisions of the California Public Records Act. By submitting information to the City, Proposers agree to hold the City and their employees, officials, and agents harmless for any inadvertent disclosure.

Proposal Section 4: Technical Proposal
Proposers are required to provide a description of the approach and methodology used to accomplish the requested services (Technical Proposal). The Technical Proposal Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

must address and include those items specified below. The City will place significant emphasis on Proposer’s proposed Technical Proposal during the evaluation process. At a minimum, Proposers shall include the following in the Technical Proposal:

A. Transition Plan: Proposers shall provide a detailed Transition Plan that describes the plans and schedule of events for the provision of new services.

The Transition Plan will be included as an exhibit in the final Collection Agreement, when approved by the City. In developing the Transition Plan, Proposers should consider that the City strongly seeks to reduce disruption to Service Recipients during the transition period.

The Transition Plan must, at a minimum, address the following items:

1. In concise terms, what Proposer will accomplish prior to the start of Collection Services.

2. How Service Recipients will select the size and number of Carts or Bins.

3. How Proposer will retain displaced employees from current service providers, at or exceeding prior pay and benefit levels.

4. How Proposer will provide transition services.

5. The specific types of education and outreach activities that will occur, including specific frequencies and amounts of education and outreach, by type of activity.

6. How the transition will be coordinated with the current services and current service providers (switching of containers, billing system, etc.).

7. Transition schedule and weekly timing plan to transition from the current collection system to Proposer’s collection system, for public education and outreach on new services, and for removal and replacement of Carts and Bins.

B. Collection Service Operations Plan: Proposers shall provide a detailed Collection Service Operations Plan that presents the specific collection programs that will be implemented in the City. The Collection Service Operations Plan must address items as listed above and include:

1. VEHICLES
a. A listing of Proposer’s collection equipment and all accessories by type, model, year of manufacture, and anticipated remaining useful life, as of the date of the inventory.
b. As new collection vehicles are to be provided, delivery guarantees by manufacturers shall be included in the Proposal for all new equipment to be provided to the City.
c. Vehicle fuel type, size, number of axles, gross vehicle weight, maximum load capacity, turning diameter, and number of collection compartments for all collection vehicles (front loader, side load, rear load, single-body, split-body collection, regular compactor, small compactor, pup trucks, operational noise level in decibels, etc.).
d. Vehicle safety features.
e. How Proposer’s collection vehicles will reduce air emissions, wear and tear on the City’s streets, and length of time that containers will remain in the right of way.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

f. How Proposer will use technology, such as GPS, to track and monitor collection, and identify the proposed technology brand to be used. g. The appearance of the vehicles, including the color and information to appear on the outside of the vehicles.
h. Vehicle maintenance program, including response/replacement/repair time for vehicles on route.
i. The scheduled maintenance and cleaning of the vehicles. j. Plan for procurement of Collection Vehicles that utilize low-carbon (“alternative”) fuel (RNG, LNG, CNG, electric, or other), including whether or not the RNG comes from SB 1383 qualifying recovered organic waste product (ROWP) sources.
k. Proposer’s approach to transition to Zero Emission Vehicles (ZEVs) per the new California Air Resources Board (CARB) Advanced Clean Fleets (ACF) regulations (https://ww2.arb.ca.gov/our-work/programs/advancedclean-fleets). l. Proposed location of corporation yard for parking, fueling, and maintenance of vehicles.

2. CONTAINERS
a. Containers to be used, including dimensions.
b. Experience of other collection programs with this type of container. c. The sufficiency of the containers’ capacity based on the requirements of the Collection Services.
d. The suitability of containers to be used in areas that may have limited space or are in Bin enclosures.
e. Ease of cleaning and the appearance of the containers, including their colors and information to be imprinted on the containers, compliant with the color and labeling requirements of SB 1383.
f. Container maintenance program, including response/replacement/repair time for containers.

3. ROUTE OPERATIONS
a. The number of vehicles required for the collection programs, and the number of routes to be performed, by each service line and material type collected.
b. The number of containers collected per hour, by service line and material type collected.
c. Total number of route hours (8 or 10 hours/day), and the total hours onroute, by service line and material type collected. d. The number of vehicle passes per Service Recipient.
e. The number of crew members required per vehicle, and their responsibilities.
f. The advantages and disadvantages of the type of vehicle chosen (particularly regarding noise, emissions, and the impact on the City’s roads).
g. How drivers and dispatch will communicate while on route to resolve customer service requests/complaints.
h. How drivers will handle debris that falls from collection containers or collection vehicles onto the ground or street.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

i. Methods used by drivers to monitor contamination, and how this will be communicated to Service Recipients.
j. The material types each vehicle will collect.
k. Approach to conducting annual route audits to verify that service levels and Service Recipient billing are 100% correct.

4. SAFETY
a. Staffing safety requirements, including physical, drug, and alcohol testing requirements.
b. Management protocols for Household Hazardous Waste (HHW), including electronic waste (E-Waste) and Universal Waste (U-Waste). c. Health and safety management procedures.

5. REPORTING
a. Detailed AB 341, AB 939, AB 1594, AB 1826, and SB 1383 monitoring and reporting, including electronic transmission of reports to the City. b. Method used to track tonnage collected.
c. Process for tracking and reporting Service Recipient complaints and dispute resolution to the City.
d. Detailed sustainability and GHG emissions reduction and tracking reporting to the City.

C. Customer Service Plan: Proposers shall provide a detailed Customer Service Plan specifying the customer service operations that will be used in the City. The Customer Service Plan will be included as an exhibit in the final Collection Agreement, when approved by the City. Customer service hours must be noted.

The Customer Service Plan must include the following:

1. Protocol for receiving customer calls, issuing work orders, closing work orders, and callbacks to Service Recipients.

2. Protocol for Service Recipient billing, billing changes, and billing disputes.

3. Whether or not a new phone system and/or new website will be included.

4. Staffing levels to ensure excellent customer service and limited wait times (state the number of customers per customer service representative).

5. Payment programs and options providing alternatives for Service Recipients to submit payment.

D. Sustainability and Compliance Plan: Proposers are required to provide a Sustainability and Compliance Plan with a description of the diversion and sustainability programs associated with providing the requested services. This may include, without limitation, Proposer’s approach in obtaining the diversion goals specified in this RFP. Proposers must provide diversion estimates, which must not be less than the minimum diversion required in this RFP and must be tied to specific collection methods and public education programs. Failure to provide the estimated diversion tonnages and diversion estimates will be grounds for disqualification. The Sustainability and Compliance Plan will be included as an exhibit to the final Collection Agreement, when approved by the City.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

The Sustainability and Compliance Plan must, at a minimum, include the following:

1. Proposer’s approach to reducing, tracking, monitoring, and reporting GHG emissions to the City.

2. Proposer’s approach to meeting the City’s diversion requirements and assisting the City with meeting CalRecycle’s seventy-five percent (75%) diversion goal by June 30, 2031, listing specific diversion programs by program type (SFD, MFD, Recyclable Material, Organic Waste, Bulky Waste, etc.).

3. Diversion facilities to be used (including name, location, owner/operator, permit status, and permitted capacity).

4. A schedule showing specific programs and tasks, milestones, and timeframes for meeting the diversion requirements, as specified in this RFP.

5. A table segregated by SFD, MFD, and Additional Services, estimating tonnages for Recyclable Material and Organic Waste collected for each calendar year of the Collection Agreement, beginning with the Collection Agreement First Agreement Year.

6. Proposer’s approach to reducing contamination of Recyclable Materials and Organic Waste.

7. Proposer’s approach to reducing air emissions and wear and tear on the City’s streets.

8. Environmental Stewardship (all environmental management policies and activities related to the proposed activities must be described, including the use of alternative fuel vehicles, use of recycled products throughout operations, internal waste reduction and reuse protocol, water, and resource conservation activities within facilities [design, construction, and operation], compliance with laws governing HHW, E-Waste, and U-Waste, and use of non-toxic products when possible).

9. Use of local vendors.

10.Domestic solutions for the recycling and recovery of Recyclable Materials.

11.Innovative “green” approaches to providing services.

E. Education and Outreach Plan: Proposers shall provide a detailed bilingual or multi-lingual (English and Spanish, at a minimum) Education and Outreach Plan that specifies the methods and public education materials that will be used for program start-up and throughout the Collection Agreement term for the City.

Specific attention should be given to methods to achieve high participation and diversion through Recycling and Organic Waste Collection programs, CitySupported Events, ongoing waste disposal programs (e.g., dump vouchers, dumpster days, bulky item pick-up, etc.), and ongoing “how to” promotions. The Education and Outreach Plan will be included as an Exhibit to the final Collection Agreement, when approved by the City.

Specifically, the Education and Outreach Plan must address:

1. Implementing aggressive public education programs, especially with MFD solid waste generators, to meet the City’s diversion requirements.

2. Methods to reduce contamination of Recyclable Material and Organic Waste.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

3. Educating Service Recipients on the benefits of participation in Recycling and Organic Waste Collection programs.

4. City waste disposal programs and services.

5. Implementing public education and outreach programs in the City’s schools, business community, City facilities, and special events.

6. The various media types that may be used, including, but not limited to, print (e.g., flyer, postcard, poster, or billboard), internet and social media platforms, video, audio, etc.

F. Cost Information

1. Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to Proposer will be fixed fee, a detailed cost breakdown shall be provided, identifying:
a. The number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this Collection Agreement.
b. All other direct costs, such as materials and reproduction costs. c. Subcontractor services, if needed.

2. These rates will also be used to negotiate rates for other contracts (including optional tasks) that may be assigned.

3. No additional funds will be paid above and beyond the original quote given by the selected Proposer.

4. Proposers will be paid at the same rates set forth in their cost Proposal unless further negotiated in writing and agreed to by the City.

G. Value Added Services: Please provide any additional services of benefit not specifically required herein, which the Proposer offers to provide.

H. Contractor Assignment of Subcontract

1. The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City.

2. If Proposer intends to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.

I. Previous Contracts with the City of Sebastopol

1. The Proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the Proposer by the City for the last three (3) years.

2. The list shall include a short description of the agreement, the agreement scope of work, award date, completion date, name of City’s assigned project manager, and contract value.

J. Exceptions to this Request for Proposals

1. The Proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the Collection Agreement (Attachment 1). a. If the Proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is/are taken must be Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

identified by section number and explained.
b. Requests for changes or additions to sections of the Collection Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language.
c. Requests for complete replacement of the City’s Collection Agreement for another contract will not be granted.

2. Failure to make exceptions to the RFP or Collection Agreement within the Proposal will be deemed a waiver of any objection. Exceptions will be considered during the Proposal evaluation process, with lack of exceptions being ideal for the City.

K. Statement of Impartiality and Disclosure

1. The nature of this Collection Agreement requires an impartial unbiased approach on the part of the Proposer’s team. This Proposal shall include a statement declaring that the Proposer and subcontractors are not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to be in conflict with the City’s interests.

2. Additionally, Proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the Proposer to carry out the Collection Agreement.

Proposal Section 5: Forms
A. Forms in Section 5

1. Proposers must provide fully completed versions of all forms included in Section 5 of this RFP, in the order they are listed, with their Proposals.

2. Proposers shall use only the forms and format provided. Any deviation from those provided may be grounds for rejection of the entire Proposal.

3. Proposers must provide their proposed Service Rates per Form K.

4. Proposed Service Rates must include Recyclable Material and Organic Waste programs that are fully compliant with SB 1383 regulations, as well as all requirements under AB 1594, AB 341, AB 1826, SB 54, CARB’s ACF ZEV regulations, and any other existing applicable regulations.

Proposal Section 6: Alternative Services and Exceptions to Collection Agreement A. Proposers may submit alternatives to the services listed in this RFP, or exceptions to the Collection Agreement language.

1. However, Proposers must propose on all required services as included in this RFP or their Proposal will be rejected as being non-responsive.

2. If service alternatives or Collection Agreement exceptions are presented, as provided for in this section of the RFP, they must be included as an attachment to the Proposal, contain the price of the service alternatives using the forms provided in Section 5 of this RFP, and include specific language necessary for inclusion in the Collection Agreement.

3. Each Collection Agreement exception must be presented by stating:
a. The specific exception.
b. The page and line numbers of the exception.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

c. The suggested changes to the program related to the exception. d. The suggested changes in the Collection Agreement language related to the exception.
e. The manner in which the proposed change would benefit the City, the Service Recipients, or both.

4. Please note that the City has no obligation to accept any proposed service alternative or Collection Agreement exception. Proposals will be evaluated based on the required services and Collection Agreement language as set forth in this RFP.

Proposal Section 7: Appendix
The Proposer may provide additional technical information (i.e., only information specifically related to services to be provided) that they believe to be applicable to this Proposal and include such information as an appendix. Proposers are discouraged from including marketing material, education and outreach material, or other additional information not related to the equipment or services to be provided.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

SECTION 4.0

COLLECTION SCOPE OF SERVICES

4.1 INTRODUCTION
The purpose of this section of the RFP documents is to familiarize prospective Proposers with the solid waste services desired by the City. Each Proposer must fully review the Collection Agreement (Attachment 1) and identify in its Proposal any exceptions it proposes.

4.2 CURRENT SERVICE AGREEMENTS
One service provider currently provides solid waste collection services in the City through an agreement for collection services that expires on December 31, 2024.

Please refer to Attachment 3 for a copy of the current existing agreement. Except for where the terms and conditions of this RFP and Attachment 1 vary from the current agreements, the City intends for all solid waste collection programs and services to continue via a new Collection Agreement.

4.3 SERVICE AREA
The City intends to award one Collection Agreement for an exclusive solid waste Collection Service Area which consists of the City of Sebastopol city limits.

4.4 SERVICE RATES
Service Recipients in the City are billed by current service providers per the terms of current agreements. The current 2023 Service Rates for the City are included in Attachment 10.

It is the City’s intention that new Services Rates for any awarded Collection Agreement will be as close as feasible to, if not the same as, current Service Rates, with consideration to the cost of providing service. Final Service Rates shall be negotiated between the City and selected Proposer.

Service Rates shall be adjusted July 1, 2026, and July 1 annually thereafter, per the methodology included in Section 6.03 of the Draft Collection Agreement (Attachment 1).

The City wishes to provide incentives for residents and businesses to actively participate in Recycling and Organic Waste programs, while not being required to oversubscribe for services.

4.5 COLLECTION AGREEMENT TERM
Following approval by the City Council, Collection Services are anticipated to start on July 1, 2025, and to terminate on September 30, 2040, providing for a fifteen (15) year Collection Agreement. The term of the Collection Agreement may be extended by up to two (2) additional five (5) year terms, at the City’s option, and subject to the Proposer meeting performance requirements as specified in the Collection Agreement.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

4.6 SERVICE OVERVIEW
The City is proposing that the following exclusive Collection Services for SFD residential, MFD residential, commercial, industrial/roll-off boxes, and municipal sectors be provided within the Service Areas. Proposers should note the City is very interested in providing these services with minimum disruption to residents and businesses.

Therefore, as part of the Technical Proposal requested in this RFP, Proposers will be required to discuss the methodology they will use to minimize the impact of any operational changes that may occur.

Proposers should also note the City is interested in providing these services in the most sustainable manner possible, such as, but not limited to, providing the following:
• Incorporating education and outreach programs to further the City’s diversion requirements and goals.
• Educating Service Recipients on the benefits of diversion program participation. • Reducing air emissions and wear-and-tear on City streets and providing environmental stewardship, including the use of local vendors and innovative “green” approaches to providing services.

Therefore, as part of the Sustainability Plan requested in this RFP, Proposers will be required to discuss the methodology they will use to provide sustainability programs associated with providing requested services. Of specific interest to the City will be Proposers’ approach to tracking, reducing, and reporting on GHG emissions associated with providing Collection Services.

All Service Recipients in the City shall receive Collection Services which include at least weekly collection of Garbage, Source-Separated Recyclable Material, and SourceSeparated Organic Waste.

By default, Source-Separated Organic Waste Collection Service is required to include Green Waste and Food Waste, or a mix of Green Waste and Food Waste, for all Service Recipients. The selected Proposer(s) will be required to collect all SourceSeparated Organic Waste and deliver it to appropriate facilities per the agreements in Attachments 2 and 3.

Source-Separated Recyclable Materials accepted as part of the Collection Services include cans (aluminum and tin), glass bottles, newspaper, mixed paper, cardboard, and plastics. All Service Recipients in the City shall be serviced using the designated sizes of Carts and Bins, as well as 10 to 40 cubic yard Roll-off Containers for permanent Roll-off Service Recipients. The selected Proposer(s) will be required to collect all Source-Separated Recyclable Materials and deliver them to appropriate facilities.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

4.7 SOLID WASTE COLLECTION SERVICES
A. SINGLE FAMILY DWELLING (SFD) COLLECTION SERVICES

1. SFD Bundled Service - The City would prefer to retain a weekly SFD Solid Waste Collection Service system but is open to considering different system approaches presented by Proposers (see item 4.7.T, SFD Collection Service Alternatives, below).
a. Solid Waste Collection Service system(s) will consist of using one (1) 32- Gallon Black or Grey Garbage Cart (with the option to upsize to a 64-Gallon or 96-Gallon Garbage Cart or downsize to a 20-Gallon Garbage Cart), one (1) 96-Gallon Blue Recycling Cart, and one (1) Green 96-Gallon Organic Waste Cart as part of the base SFD Solid Waste Collection Service (with the option to downsize to 32-Gallon or 64-Gallon Recycling and Organic Waste Carts provided the Service Recipient meets certain criteria3). b. On-premises collection must be made available to eligible participants (those who are physically unable to move Carts).

2. SFD Garbage Collection Service - The City wishes to retain a weekly, automated SFD Garbage Collection Service program consisting of Black or Grey Garbage Carts in 20-, 32-, 64-, and 96-Gallon sizes. Proposers are required to provide pricing for the 20-, 32-, 64-, and 96-Gallon Garbage Carts requested by SFD Service Recipients.

3. SFD Recycling Collection Service - The City wishes to retain a weekly, automated SFD Recycling Collection Service program, using 96-Gallon Recycling Carts. a. One (1) 96-Gallon Blue Recycling Cart will be provided to each Service Recipient as part of the base service to SFD Service Recipients. b. The cost for the base SFD Recycling Collection Service is to be included in the SFD base Service Rates.

4. SFD Organic Waste Collection Service - The City wishes to include a weekly, automated SFD Organic Waste Collection Service of Green Waste and Food Waste, using 96-Gallon Green Carts.
a. One (1) 96-Gallon Organic Waste Cart will be provided to each Service Recipient as part of the base service to SFD Service Recipients. b. The cost for the base SFD Organic Waste Service is to be included in the SFD base Service Rates.

5. SFD Bulky Waste Collection Service - The City is requesting the provision of Bulky Waste Collection Services to SFD Service Recipients on a for-fee basis. a. At the rates set by the Contractor, all Service Recipients shall be eligible to procure curbside Bulky Waste Collection Service for the following:
i. Three (3) Large Items
ii. Fifteen (15) 35-gallon bags,
iii. Four (4) 95-gallon bags,
iv. Five (5) E-waste items, or
3 The City is open to alternative proposals that limit the sizes of Recycling and Organic Waste Carts available to Service Recipients to just 96-Gallon Carts OR just 64-Gallon and 96-Gallon Carts.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

v. Up to 1.8 cubic yards of Garbage or Organic Waste.
b. Bulky Waste Collection Services are to be provided upon next service date if request is received at least two (2) business days prior to the next service date.

6. SFD Additional Services
a. Holiday Tree Collection – Annually, the selected Contractor shall collect all holiday trees during a three-week period that begins on December 26. b. Used Motor Oil Collection Service – Upon request, at no additional charge, Contractor shall deliver empty collection containers for used motor oil and filters to Service Recipients and subsequently pick up full collection containers of used motor oil and filters.
c. Backyard/Off-Street (“On-Premises”) Collection – The selected Contractor may charge Service Recipients for this service unless they are physically unable to move their own Carts.

7. Low-Income Discount program for qualifying low-income Service Recipients that is funded out of Proposer’s goodwill.

8. Backyard/Off-Street ("On-Premises") Collection services for qualifying Service Recipients with disabilities, with no additional charge, to comply with ADA or similar state law.
a. Replacement of one lost, destroyed, or stolen cart per Service Recipient, per type of cart, every ten (10) years, as requested.
b. Cleaning of one cart per Service Recipient, per type of cart, every five (5) years, as requested.
c. Move-In/Out Collection Service. Within three (3) months of vacating or newly occupying the dwelling, at no additional charge, each SFD Customer may request that Contractor provide one on-call Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard boxes, bundled newspaper, and packaging foam. This will be offered as a one-time service for each new account.

B. MULTI-FAMILY DWELLING (MFD) COLLECTION SERVICES
MFD Collection Services will be considered as part of the Commercial Collection Service. The City wishes to have MFD Collection Service to be provided to Service Recipients in Carts and/or Bins.

1. MFD Bundled Service - The City wishes to have a weekly MFD Solid Waste Collection Service system, using Carts and/or Bins as requested by the MFD Service Recipient. MFD Solid Waste Collection Service containers will be allocated at either the dwelling unit level or the Service Recipient level, dependent on the wishes of the MFD Service Recipient. The base MFD Solid Waste Collection Service will include, at no additional cost, 96 gallons worth of Blue Recycling Cart space and 96 gallons worth of Green Organic Waste Cart space per MFD Service Recipient, which may be divided into smaller Carts at two or more dwelling units. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with the selected Contractor. MFD Service recipients may request additional Carts and/or Bins or increase their collection Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

frequency for an additional cost.

2. MFD Garbage Collection Service – The MFD Garbage Collection Service collection system shall use variable size Black or Grey Carts (20-, 32-, 64-, and 96- Gallon) and Bins (1- through 6-cubic-yard Bins). Proposers must provide pricing for all container sizes listed here and in Form K.

3. MFD Recycling Collection Service - The City wishes to retain the current MFD Recycling Collection Service program for all MFD Service Recipients in the Service Area by using variable-size Carts and Bins. 96 gallons worth of Blue Recycling Cart space will be provided to each MFD Service Recipient as part of the base. Additional MFD Recycling Collection Service may be provided for an additional cost in variable size Recycling Carts and/or Recycling Bins, with the volume, collection frequency, and container type based on the individual needs of the MFD complex. The selected Contractor will be required to furnish the necessary number and size of Bins and Carts to accommodate the MFD Recycling Collection Services.

4. MFD Organic Waste Collection Service - The selected Contractor will provide MFD Organic Waste Collection Service to all MFD Service Recipients in the Service Area, consistent with State requirements of AB 1826 and SB 1383. MFD Organic Waste Collection Service is required to include both Green Waste and Food Waste. a. Each MFD Service Recipient will receive 96 gallons worth of Green Organic Waste Cart as part of the base service. Additional MFD Organic Waste Collection Service may be provided in variable size Carts and/or Bins, with the volume, collection frequency, and container type based on the individual needs of the MFD complex. The selected Contractor will be required to furnish the necessary number and size of Bins and Carts to accommodate the MFD Organic Waste Collection Services. The cost for additional MFD Organic Waste Service is to be separately accounted for in the MFD Service Rates.

This service is to be arranged by the property manager of the MFD complex. b. The City is interested in Proposals that can provide solutions for providing MFD Organic Collection Service in mixed-use complexes (MFD and Commercial Service Recipients that have limited space for collection Carts or Bins, and/or Bin enclosures). The use of split Carts and/or split Bins is acceptable.

9. MFD Bulky Waste Collection Service - The City is requesting the provision of Bulky Waste Collection Services to MFD Service Recipients on a for-fee basis. a. At the rates set by the Contractor, all Service Recipients shall be eligible to procure curbside Bulky Waste Collection Service for the following:
i. Three (3) Large Items
ii. Fifteen (15) 35-gallon bags,
iii. Four (4) 95-gallon bags,
iv. Five (5) E-waste items, or
v. Up to 1.8 cubic yards of Garbage or Organic Waste.
b. Bulky Waste Collection Services are to be provided upon next service date if request is received at least two (2) business days prior to the next service date.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

5. MFD Additional Services
a. Holiday Tree Collection – Annually, the selected Contractor shall collect all holiday trees during a three-week period that begins on December 26. b. Used Motor Oil Collection Service - Upon request, at no additional charge, Contractor shall deliver empty collection containers for used motor oil and filters to Service Recipients and subsequently pick up full collection containers of used motor oil and filters.
c. Backyard/Off-Street ("On-Premises") Collection - The selected Contractor may charge Service Recipients for this service unless they are physically unable to move their own Carts.
d. Low-Income Discount program for qualifying low-income Service Recipients that is funded out of Proposer’s goodwill.
e. Backyard/Off-Street ("On-Premises") Collection services for qualifying Service Recipients with disabilities, with no additional charge, to comply with ADA or similar state law.
f. Replacement of one lost, destroyed, or stolen cart per Service Recipient, per type of cart, every ten (10) years, as requested.
g. Cleaning of one cart per Service Recipient, per type of cart, every five (5) years, as requested.
h. Move-In/Out Collection Service. Within three (3) months of a Dwelling Unit being vacated or newly occupied, for up to five (5) Dwelling Units per year, at no additional charge, each MFD Customer may request that Contractor provide one on-call Move-In/Out Recyclable Material Collection Service for recyclable packaging materials such as flattened cardboard boxes, bundled newspaper, and packaging foam.

C. COMMERCIAL COLLECTION SERVICES

1. Commercial Bundled Service - The City wishes to retain a weekly Commercial Solid Waste Collection Service system, using Carts and/or Bins as requested by the Commercial Service Recipient, and including at no additional cost one (1) 96-gallon Blue Recycling Cart per Service Recipient and one (1) 32-Gallon Green Organic Waste Cart as part of the base Commercial Collection Service. The actual configuration of Recycling and Organic Waste Cart and/or Bin sizes shall be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with the selected Contractor. Proposers are required to provide pricing for collection of the base services and for any additional services that may be requested by the Commercial Service Recipient.

2. Commercial Garbage Collection Service - The City wishes to use variable size Garbage Carts (20-, 32-, 64-, and 96-gallon) and Garbage Bins (1- through 6-cubic yard Bins). Proposers must provide pricing for all container sizes listed here and in Form K.

3. Commercial Recycling Collection Service - The City wishes to provide singlestream Commercial Recycling Collection Service program, using variable size Recycling Carts and Recycling Bins, to all Commercial Service Recipients in the Service Area, consistent with the State requirements of AB 341 and SB 1383. Each Commercial Service Recipient will receive one (1) 96-gallon Recyclable Material Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Cart at no additional cost as part of the base service (the actual configuration of Carts and/or Bins may be determined between the selected Contractor and the Service Recipient; up to two (2) smaller size Carts may be provided if necessary to meet space constraints). Additional Commercial Recycling Collection Service may be provided in variable-size Carts and/or Bins, with the volume, collection frequency, and container type to be based on the individual needs of the Commercial Service Recipient or Commercial complex. The selected Contractor will be required to furnish the necessary number and size of Recycling Bins and Recycling Carts to accommodate the Commercial Recycling Collection Services. The cost for additional Commercial Recycling Collection Service is to be separately accounted for in the Commercial Service Rates.

4. Commercial Organic Waste Collection Service - The City wishes to provide Organic Waste Collection Service to all Commercial Service Recipients in the Service Area, including Food Waste, consistent with State requirements of AB 1826 and SB 1383. Commercial Organic Waste Collection Service is required to include both Green Waste and Food Waste. Each Commercial Service Recipient will receive the equivalent volume of one (1) Green 32-Gallon Organic Waste Cart at no additional cost as part of the base service (the actual configuration of Carts and/or Bins may be determined between the selected Contractor and the Service Recipient; up to two (2) smaller size Carts may be provided if necessary to meet space constraints). Additional Commercial Organic Waste Collection Service may be provided in variable-size Organic Waste Carts and/or Organic Waste Bins, with the volume, collection frequency, and container type to be based on the individual needs of the Commercial Service Recipient or Commercial complex. Large generators of Green Waste may also subscribe to collection of Green Waste only (in addition to the required base service). This service is to be arranged by the Commercial Service Recipient or the property manager of the Commercial complex, as appropriate. The cost for additional Commercial Green Waste or Organic Waste Services is to be separately accounted for in the Commercial Service Rates.

D. INDUSTRIAL / DEBRIS BOX AND ROLL-OFF CONTAINER SERVICE Temporary debris box and roll-off services are to be provided to Service Recipients on an as-needed basis.

E. CITY SERVICES

1. Collection from City Service Recipients - The selected Contractor will provide collection services to all City facilities, at no cost to the City. These services include the collection of Garbage, Recyclable Material, and Organic Waste from City facilities. Frequency of service will be determined by location need. A list of current locations and service levels is provided in the Collection Agreement (Attachment 1).

2. Bulky Waste – The selected Contractor will provide Bulky Waste Collection Services to City facilities on a for-fee basis.

3. Collection from City and/or Transit Cans – The selected Contractor will provide, at a minimum, Garbage collection services to the City’s 106 public Garbage cans Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

and City-owned bus stops not less than three (3) days per week, at no cost to the City. This service will also include minimally annual power washing public Garbage cans and maintaining cleanliness in and around the Garbage cans. A list of current locations will be provided as an exhibit in the Collection Agreement.

4. Accumulation of Waste and Abandoned Waste – The selected Contractor will direct its drivers to note the addresses of premises where Solid Waste is accumulating, as well as the addresses of other locations where Solid Waste has been abandoned and convey these addresses to the City.

5. City-Sponsored Special Events – Collection of Garbage, Recyclable Materials, and Organic Waste at up to ten City-Sponsored Special Events per year.

F. ADDITIONAL SERVICES

1. Support in Complying with SB 54 – The selected Contractor will provide support to the City in complying with SB 54, which may include support with record-keeping, collection of data, waste stream sampling, and compilation of reports.

2. Street Sweeping Services – The selected Contractor will provide Street Sweeping Services as outlined in the Collection Agreement.

3. Household Alkaline Battery Recycling Program – The selected Contractor will periodically collect household alkaline batteries from several battery drop-off locations within the City limits, as listed in the Collection Agreement.

G. OTHER NEW AND ENHANCED SERVICES
Organized by Collection Agreement section number, the below list includes the new and enhanced services the Cities are requesting be considered as optional services for potential inclusion in the Collection Agreement. New and enhanced services are not to be included in Service Rate Proposals. To the extent Proposers would require additional compensation to provide any or all additional services, Proposers must submit separate figures stating the initial per Service Recipient per month additional Service Rates for each applicable additional service, with due consideration to Service Recipient classifications (i.e., residential vs. commercial vs. industrial). Proposers may propose other optional additional services subject to these same instructions, if desired.

1. Free Bulky Item Waste Collection Service: two (2) free pick-ups per SFD Service Recipient per calendar year (Section 10.11), and five (5) free pick-ups per MFD Service Recipient per calendar year (Section 11.10).

2. Abandoned Waste Removal, upon request from City, in accordance with Service Recipient Rates (Section 14.01.6).

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

H. GOOD CORPORATE CITIZENSHIP / VALUE-ADDED SERVICES
The selected Contractor may provide additional good corporate citizenship / valueadded services for the City to consider. Refer to Section 3.3: Proposal Section 6 (Proposal Service Alternatives and Collection Agreement Exceptions) for additional detail regarding submitting alternatives and exceptions to this RFP. Additional costs associated with each good corporate citizenship / value-added service are to be separately accounted for using the forms provided in Section 5.

I. EDUCATION AND OUTREACH PLAN

1. The selected Contractor must provide ongoing and effective Education and Outreach to all Service Recipients in the City to assist the City in meeting its diversion requirements and goals. The Education and Outreach Plan may involve the development of education and outreach materials, staffing at City-Supported Events, a City-specific website that fully explains the selected Contractor’s services and Service Rates, effectively promotes the diversion options offered to Service Recipients, and allows Service Recipients to submit service changes, inquiries, complaints, or queries, as well as other social media platforms, and other strategies.

The Proposer must include specific details of the proposed Education and Outreach Plan, how the program will be managed, and how effectiveness of the program will be measured on an ongoing basis. These indicators are to be incorporated into the ongoing reports provided to the City, and the City reserves its rights to redirect the selected Contractor’s efforts or require additional selected Contractor efforts if the Education and Outreach Plan is not showing measurable and tangible results as proposed.

2. Education and Outreach Plan responsibilities will include, but are not limited to, the following:
a. Recycling and Organic Waste program implementation, including conducting on-site waste audits and providing written summary reports for all Service Recipients at least once per year for the first three (3) years of the term.

Thereafter, on-site waste audits will be conducted for a minimum of fifty percent (50%) of Commercial Service Recipients, with the primary focus on those Service Recipients with the lowest program participation or diversion.

The results of the waste audits and ongoing AB 341, AB 1826, and SB 1383 compliance reports will be provided to the City.
b. Educate City staff and Service Recipients as appropriate, regarding Applicable Law and other State legislation.
c. Develop and distribute both written and electronic public education and outreach material to Service Recipients.
d. Update City-specific webpage at least annually.
e. Advise appropriate personnel (management, employees, janitors, etc.) at MFD and Commercial Service Recipients on methods and recommendations to increase recycling and decrease landfilling (i.e., how to maximize diversion and provide educational materials, posters, labels, etc.). f. Inform and educate Service Recipients on the full range of all services being offered, including Cart and Bin exchange and cleaning, Clean-Up Day annual Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

events, Bulky Waste Collection, and availability of Kitchen Food Waste Pails. g. Advise Service Recipients on the selection of collection services and container sizes to maximize diversion, and the potential cost control if a Service Recipient takes recommended actions to increase diversion. h. Educate Service Recipients, especially MFD and Commercial Service Recipients, on how to participate in Recycling and Organic Waste diversion programs and how to decrease or eliminate contamination; and i. Educate and train staff and custodians on best practices for recycling and waste reduction, and on availability and use of in-house recycling containers.

3. Upon award of solid waste services Collection Agreement, the selected Contractor will meet with key City staff monthly to review, at a minimum, program performance, current and anticipated activities, specific outreach performed to promote high participation in diversion programs, ability for Service Recipients to change service levels, awareness of and participation in Bulky Waste Collection, methods to monitor contamination, and Service Recipient service messaging on diversion programs.

The selected Contractor may use subcontractors to perform some or all the duties normally assigned to outreach staff. The City will approve any such subcontractors in advance.

The City will approve the specific program activities associated with the Education and Outreach Plan, and the selected Contractor’s Education and Outreach Plan will be included as an Exhibit to the final executed solid waste services Collection Agreement.

J. COLLECTION CONTAINERS

1. The selected Contractor must provide Collection Containers that are compliant with SB 1383. Each container must be in a color distinctive to each use, and all containers for the same use shall be colored the same. The following colors shall be used for collection container lids: Garbage (black or grey); Recyclable Materials (blue); and Organic Waste (green). Each container shall be marked with an adhesive label or imprinted with its intended usage in letters and pictures. The label shall specify what materials are allowed to be placed in each container. Labels must represent acceptable versus unacceptable items in written or graphic form both in English and Spanish.

2. The selected Contractor must provide Carts ranging in size, including 20, 32, 64, and 96 gallons. The selected Contractor must also provide Bins ranging in size from 1- to 6-cubic-yard capacity for collection from MFD Service Recipients, Commercial Service Recipients, and City facilities, except for Organic Waste Bins, which shall be provided in sizes ranging from 1- to 2-cubic-yard capacity. The cost for this service is to be bundled in the Collection Service Rates and not charged as a separate cost to the Service Recipient. Proposer’s Cart and Bin specifications will be included in the final Collection Agreement. The City may inspect the condition of the Carts and Bins and may require immediate replacement of Carts or Bins if they are determined by the City not to be in good working order or visually acceptable appearance.

3. The City anticipates that during the term of the proposed solid waste services Collection Agreement, Carts will need to be repaired and/or replaced with new Carts.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Accordingly, all new Carts will have heavy duty wheels, attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds. All new or replacement Carts must be compatible with automated collection and similar to the existing Carts. The City will approve the specific colors of the Carts (blue for Recyclable Material, green for Organic Waste, and black or grey for Garbage) and Cart design (square, rectangular, tall, short). The lids and bases on all Carts must have matching colors or as approved by SB 1383. All new or replacement Carts will be manufactured with a minimum twenty percent (20%) recycled material content and come with a ten (10) year warranty against defects. The City strongly encourages new and replacement Carts to be made of materials with a higher recycled content than twenty percent (20%) post-consumer material. The City also requires that all new or replacement Carts be hot-stamped, embossed, or labeled/decaled with “Disposal Company”, a unique identification number, and images of the type of materials to be collected (i.e., Garbage, Organic Waste, Recyclable Material). All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the term to maintain a near new appearance. All writing on the Carts shall be in both English and Spanish.

4. Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or stolen Cart, per type (Garbage, Organic Waste, Recyclable Material) of Cart, every five (5) years during the term of the Collection Agreement at no cost to the Service Recipient. Except in the case of a Cart that must be replaced because of damage caused by selected Contractor or in the case where selected Contractor elects to replace a Cart rather than repair it on-site, selected Contractor will be compensated for the cost of those replacements in excess of one (1) per type of Cart per Service Recipient during the term of the Collection Agreement. This provision is intended to be applied on a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up to three (3) replacement Carts, one (1) of each type, every five (5) years during the term of the contract. Within five (5) Workdays of notification by the City or a Service Recipient of the need for such replacement, selected Contractor must replace the Cart.

5. Repair of Garbage, Recyclable Materials, and Organic Waste Carts. The selected Contractor is responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) Workdays of notification by the City or a Service Recipient of the need for such repairs, selected Contractor must repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container.

K. COLLECTION VEHICLES

1. Upon commencement of the Collection Agreement and throughout the term of the Collection Agreement, the selected Contractor must provide collection vehicles that comply with federal, state, regional, and local clean air and safety standards. The specific type of fuel to be used is to be proposed by the Proposers. Proposers also must demonstrate how their collection vehicles will comply with CARB regulations, including ACF and ZEV regulations.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

2. The City is also concerned with additional wear to the City’s streets from collection vehicles. The City is interested in collection methods and collection vehicles that minimize wear on the City’s streets. Proposers must specify the gross operating weight of the collection vehicles, as well as the methods to monitor, report, and eliminate overweight collection vehicles from operating within the City.

3. Proposers are required to provide a description of how their collection vehicles and collection methods will minimize wear on the City’s streets.

4. All collection vehicles will be equipped with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. All collection vehicles must meet federal, state, and local maximum noise standards, and be repainted at least once every five (5) years, or as reasonably determined by the Collection Agreement Administrator to maintain a positive public image.

Additional details on specific vehicle requirements can be found in the Collection Agreement.

L. COLLECTION HOURS AND DAYS, AND OFFICE HOURS

1. SFD collection hours shall be between 6 a.m. and 6 p.m., Monday through Friday.

MFD collection hours shall be between 6 a.m. and 6 p.m., Monday through Friday.

Commercial and City collection hours shall be between 5 a.m. and 6 p.m., Monday through Saturday. Commercial collection adjacent to Residential Premises shall be between 6 a.m. and 6 p.m. Monday through Saturday. The City may also require restricted collection hours in areas impacted by commute traffic, road repair, around schools, in areas where commercial collection is within six hundred (600) feet of residential housing, or where continued noise complaints about collection vehicles have occurred.

2. In-person Office Hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily on weekdays. A representative of the selected Contractor shall be available during office hours for communication with the public at selected Contractor's principal office. The selected Contractor shall maintain a local or toll-free telephone number during both normal office hours and after-hours, and an answering service during all hours other than normal office hours.

3. Proposers must retain an office within the City limits, or, with permission from the City, at some other location nearby, at which customers may attend in person to pay bills or ask questions.

M. DIVERSION STANDARDS
The selected Contractor will be responsible for diverting from disposal at least fifty (50%) of all materials the selected Contractor collects from all services under the provisions of the Collection Agreement, starting July 1, 2025, measured annually. The Proposer must also provide their methodology for assisting the City in achieving the State’s seventy-five percent (75%) diversion goal.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

N. DISPLACED EMPLOYEES

1. The City requires that the selected Contractor offer employment to displaced employees of the prior contractor(s) (and, if applicable, subcontractors). Proposers shall include a declaration of intent in the cover letter of their Proposal, indicating their agreement to retain the employees of the prior contractors/subcontractors until such employees leave employment or are terminated for cause. In the declaration, Proposers shall confirm that offers of employment to displaced employees will be at or in exceedance of prior pay and benefit rates. Any Proposer that fails to include such a declaration in the cover letter of its Proposal may be considered nonresponsive, and, if so, its Proposal will not receive further consideration.

2. Prior to contract award, the City will require the selected Contractor to affirm its commitment to provide offers of employment to displaced employees, including the provision to employ displaced employees at pay and benefit rates meeting or exceeding current rates. The City will also require the selected Contractor to agree to make information about wage rates, benefits, and job classifications of employees available to the City prior to subsequent procurement for solid waste collection and transportation services.

O. CUSTOMER SERVICE AND BILLING

1. The selected Contractor shall be responsible for the billing and collection of payments for all Integrated Waste Management Services. The selected Contractor must charge Service Recipients the Service Rates approved by the City, and such Service Rates may be adjusted under the Collection Agreement.

2. The selected Contractor shall not charge the City for the inclusion of additional educational or other materials included in the regular invoices.

3. If a Customer’s payment becomes more than one hundred twenty (120) days past due, selected Contractor may request approval from the City to suspend service to that account until payment is received.

P. SERVICE RATES

1. The City wishes to provide incentives for residents and businesses to actively participate in Recycling and Organic Waste programs, while not being required to over-subscribe for services. Service Rates will be based on the Garbage, Organic Waste, and Recycling container capacity, and/or the number of containers and frequency of collection.

2. Maximum Services Rates will be effective July 1, 2025, and will be adjusted beginning July 1, 2026, and each January 1 thereafter during the term of the Collection Agreement. The methodology is per the terms and conditions of the Draft Collection Agreement, Section 6.03.

Q. CONTRACTOR’S PAYMENTS TO THE CITY
The selected Contractor will pay to the City the following fees:

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

1. Procurement Reimbursement: The selected Contractor shall reimburse the City a one-time two hundred thousand dollars ($200,000) fee for the cost of the Collection Agreement solicitation, evaluation, negotiation, and award process. This one-time payment is due within thirty (30) days of the Effective Date of the Collection Agreement and is not recoverable from any compensation under the Agreement.

2. Franchise Fee: The selected Contractor shall pay applicable franchise fees established by the City. For the purposes of submitting Proposals, Proposers shall assume that the franchise fee in the City will be 10% of Gross Revenues for Collection Services provided in the City.

R. ADJUSTMENT TO FEES
The City may adjust the fees described in this Section and the Collection Agreement at any time during the Term of the Collection Agreement. All changes in the total amount of fees to be collected by selected Contractor and remitted to the City shall be promptly reflected in an adjustment in Service Rates, such that the selected Contractor shall be fully compensated in its Service Rates for all such fees.

S. BILLING AUDIT, FINANCIAL AUDIT, AND PERFORMANCE REVIEW Only if requested by the City, a billing audit, financial audit, and performance review may be conducted up to two times during the initial term. The Contractor is responsible for paying for one hundred percent (100%) of the Billing Audit and Performance Reviews, not to exceed $85,000 per review.

T. SFD COLLECTION SERVICE ALTERNATIVES
Proposers are encouraged to present an alternative collection service plan wherein all SFD Customers would receive Garbage Collection Service on an every-other-week schedule, with Recycling Collection Service on alternating weeks between Garbage Collection Service. Organic Waste collection would remain a weekly service. If put forward, this alternative Collection Service should be accompanied by an alternative rate schedule.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

SECTION 5.0

REQUIRED FORMS
Proposers that attended the Mandatory Pre-Proposal Video Conference must submit their original signed Form A as part of their Proposal. Additionally, Proposers must complete and submit Forms B - K on the following pages as part of their Proposal. Failure to complete and submit the required forms may result in disqualification from this RFP process.

Form A: COMMUNICATION PROTOCOL
Form B: PROPOSER’S STATEMENT OF ORGANIZATION
Form C: CERTIFICATION OF NON-GRATUITIES
Form D: CONTAINER SPECIFICATIONS
Form E: VEHICLE SPECIFICATIONS
Form F: NON-COLLUSION AFFIDAVIT OF PROPOSER
Form G: SERVICE RECIPIENT RATE PROPOSAL SUMMARY AND SIGNATURE Form H: PASS/FAIL REQUIREMENTS
Form I: NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS Form J: REFERENCES
Form K: SERVICE RATES
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form A

COMMUNICATION PROTOCOL
The City of Sebastopol commits to a procurement process for Integrated Waste Management Collection Services to be open, objective, and carefully monitored. The following rules will be adhered to and enforced.

Until the City Council awards the Collection Agreement, all contact between participants, participants’ subcontractors, participants’ affiliates, participants’ lobbyists, legal, or political advisors, or any individual or entity that may be assisting the participant in preparing a response to this RFP, or providing work to the participant should participant be selected, and the City, shall be in writing by email to:

City of Sebastopol
Mary Gourley, Assistant City Manager / City Clerk
Email: [email protected]
All communications between the City and a participant, along with the related responses, will be transmitted simultaneously to all participants that have signed into and attended the Mandatory Pre-Proposal Video Conference and will be included as part of the evaluation record.

Any participant who fails to recognize or use this process of communication will be notified of its violation and may be subject to disqualification from the selection process at the sole discretion of the City.

Any contact or attempt to contact or directly interact with any elected or appointed official for the purpose of obtaining information or influencing the RFP Process, including the selection process, must be disclosed in compliance with the provisions of this Form A, and failure to do so will be grounds for determination of noncompliance and disqualification from the selection process.

All participants must acknowledge and sign this statement as part of the RFP process. All participants must provide a signed version of this statement electronically by the date of the Mandatory Pre-Proposal Video Conference (June 19, 2024). Participants that do not provide this signed statement will be disqualified from this procurement process.

On behalf of my company/agency, I understand and accept the rules established in this statement.

Company Name:
(Print or Type)
Representative: Title:
(Print or Type)
Primary Representative Phone Number:

Primary Representative Email:

Signature: Date:
(Sign in Ink)
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form B
PROPOSER’S STATEMENT OF ORGANIZATION

1. Full Name of Business Concern (Proposer):

Principal Business Address:

2. Principal Contact Person(s):

Name:

Phone Number:

3. Form of Business Concern:

Corporation Partnership Joint Venture LLC Other

4. Provide names of partner(s) or officer(s) as appropriate and indicate if the individual has the authority to sign in name of Proposer. Provide proof of the ability of the individuals so named to legally bind the Proposer.

Name, Title Address
Name, Title Address
If a corporation, in what state incorporated:

Date Incorporated:

Month Day Year

5. If a Joint Venture, LLC, or Partnership, date of Agreement:

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form B
PROPOSER’S STATEMENT OF ORGANIZATION

6. List all subcontractors participating in this Collection Agreement:

Name: Address:
a) ___________________________ _____________________________________________ b) ___________________________ _____________________________________________ c) ___________________________ _____________________________________________ d) ___________________________ _____________________________________________

7. Outline specific areas of responsibility for each firm listed in Question 6 above. Please include total hours or percentage of time subcontractor will spend.
a) ___________________________________________________________________________ b) ___________________________________________________________________________ c) ___________________________________________________________________________ d) ___________________________________________________________________________

8. Identify the provisions of any agreement between parties which assigns legal or financial liabilities or responsibilities:
___________________________________________________________________________

9. If responding firm(s) are a partially or fully-owned subsidiary of another firm, or share common ownership with another firm, please identify the firms and relationships. ___________________________________________________________________________ Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form C

CERTIFICATION OF NON-GRATUITIES
TO: THE CITY OF SEBASTOPOL

CERTIFICATION
This is a written certification, signed under penalty of perjury, stating that no persons acting on behalf of _____________________ has paid, or offered or attempted to pay, any elected or appointed official, officer, or employee of the City any compensation or consideration, in any form whatsoever, in connection with obtaining or entering into this Collection Agreement .

Name Title

Signature Date
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form D.1

CART SPECIFICATIONS
(Complete 1 form for each service offered)

1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food
Waste)
Food Waste only

3. Manufacturer: ____________________________________

4. Material of Construction: ____________________________________

5. Recycled Content (percentage): ____________________________________

6. Manufacturing Method (rotational molding, injection molding, other):
____________________________________
Container Size 20-gal 35-gal 65-gal 95-gal

7. Color

8. Durability (in service years)

9. Cost of Each Container

10. Dimensions of Each Container
(length x width x height)

11. Wheel Size

12. Manufacturer’s Warranty
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form D.2

BIN SPECIFICATIONS
(Complete 1 form for each service offered)

1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food
Waste)
Food Waste only

3. Manufacturer: ____________________________________

4. Material of Construction: ____________________________________

5. Recycled Content (percentage): ____________________________________

6. Manufacturing Method (rotational molding, injection molding, other):
____________________________________
Container Size 1-yd 2-yd 3-yd 4-yd 5-yd 6-yd 7-yd

7. Color

8. Durability (in service
years)

9. Cost of Each Container

10. Dimensions of Each
Container (length x width
x height)

11. Wheel Size

12. Manufacturer’s Warranty
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form D.3

ROLL-OFF CONTAINER SPECIFICATIONS
(Complete 1 form for each service offered)

1. Select services provided: 2. Will the container be new or used? Garbage New
Recyclable Material Used
Organic Waste (Yard Trimmings only)
Organic Waste (Yard Trimmings and Food
Waste)
Food Waste only

3. Manufacturer: ____________________________________

4. Material of Construction: ____________________________________

5. Recycled Content (percentage): ____________________________________

6. Manufacturing Method (rotational molding, injection molding, other):
____________________________________
Container Size 10-yd 15-yd 20-yd 30-yd 40-yd

7. Color

8. Durability (in service
years)

9. Cost of Each Container

10. Dimensions of Each
Container (length x width
x height)

11. Wheel Size

12. Manufacturer’s Warranty
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form E

VEHICLE SPECIFICATIONS
(Complete 1 form for each vehicle of service provided)

1. Select Service:

Garbage Recyclable Material Organic Waste Other:
______________
New or Refurbished

2. Manufacturer and Model
a. Cab and Chassis _____________________________
b. Body _____________________________
c. Engine _____________________________
d. Transmission _____________________________

3. Cab and Chassis:
a. Cab Height _____________________________
b. Number of Axles _____________________________
c. Overall Length with Body Mounted _____________________________

4. Body:
a. Type of Body _____________________________
b. Rated Capacity _____________________________
c. Practical or Net Capacity _____________________________ d. No. of Collection Compartments ____________
e. Net Capacity of Each Compartment ___________ cubic yards f. Overall Body Length ___________ inches
g. Body Height ___________ inches
h. Body Width ___________ inches
i. Loading Height Above Ground ____________ Minimum
(inches)
____________ Maximum
(inches)

5. Weight ____________ GVW (lbs.) ____________ Tare (lbs.)

6. Will the vehicles be owned, leased, or
other?

7. Purchase/lease cost of each vehicle $ _____________

8. Fuel type ____________

9. Fuel usage ___________
_ mpg

10. Average fuel per fill ___________ gal/fill

11. Average fills per day ___________ fills/day

12. Average fills per week (M-F) ___________ fills/week

13. Emissions rating
a. CO ___________ g/bhp/hr.
b. HC (total hydrocarbons) ___________ g/bhp/hr.
c. NOx ___________ g/bhp/hr.
d. Particulate Matter ___________ g/bhp/hr.

14. Safety Features

15. Color

16. GPS Monitoring and Tracking
Features
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form F
NON-COLLUSION AFFIDAVIT OF PROPOSER and

DISCLOSURE OF NON-COMPETE AGREEMENTS
State of _________________County of _________________, being duly sworn, deposes and says that:

1. S/he is _________________ of ________________, the Proposer that has submitted the attached Proposal.

2. S/he is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal.

3. Such Proposal is genuine and is not a collusive or sham Proposal.

4. Neither said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Collection Agreement for which the attached Proposal has been submitted or to refrain from proposing in connection with such Collection Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm, or person to fix the price or prices in the attached RFP, or of any other Proposer, or to fix any overhead, profit, or cost component of the Proposal or the response of any other Proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Sebastopol, CA, or any person interested in the proposed Collection Agreement.

5. The rate Proposal in the attached RFP is fair and proper and is not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

6. Proposer must list the names of any and all other solid waste service providers and/or affiliates that it has a “non-compete” agreement with that prohibits the other solid waste services provider from proposing on services as requested in this RFP. Failure to disclose this information will result in immediate disqualification from this RFP process.

Signed Title
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form G

SERVICE RECIPIENT RATE PROPOSAL

SUMMARY AND SIGNATURE
In preparing the Rate Proposal Forms, Proposers should be aware of the following:

All collection Service Rates proposed on these forms for the City shall be fixed through September 30, 2025, and should reflect service requirements as specified in the Collection Agreement.

The Undersigned hereby certifies as follows:

That _________________ have personally and carefully examined the specifications and instructions for the work to be done as set forth in Sections 1-5 of this RFP and the Collection Agreement (Attachment 1).

That _________________ have made examination of the services as applicable to the Proposal, and fully understand the character of the work to be done.

That _________________agrees to pay the City the Reimbursement for the Cost of the Procurement Process within 30 days of award of the Collection Agreement.

That, having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plant, equipment, and facilities, and to perform all labor and services which may be required to do said work with the time fixed and upon the terms and conditions provided in the Collection Agreement, at the Service Rates set forth on the Rate Proposal Forms set forth below:

PROPOSER:

President/Partner/Owner/Managing Member
Secretary
Firm Name
Individual: Partnership: Joint Venture: LLC:

Corporation: , A Corporation (State of Incorporation)
Signature Instructions:

If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City as part of the Proposal.

If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the form.

If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.

If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.

If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or by-laws shall be furnished to the City as part of the Proposal.

Signature: ______________________________________ Date: _________________ Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form H

PASS/FAIL REQUIREMENTS
PROPOSER NAME:
(name of the entity that will sign the Collection Agreement in the event one is awarded) Key Contact Information
Name:

Title:

Address:

Telephone Number:

Email:

The Undersigned hereby certifies as follows (initial next to each statement):
______ The Proposer has attended the Mandatory Pre-Proposal Video Conference held on June 19, 2024, starting at 2 p.m. PT.
______ The Proposer has provided all required items in Section 1 of their Proposal, including Cover Letter, Executive Summary, Performance Bond Commitment Letter, and Signed Copies of Addenda. ______ The Proposer will provide a cashier’s check in the amount of $25,000 to 7120 Bodega Avenue, Sebastopol, CA, 95472, by August 2, 2024, at 4:00 p.m. PT. ______ The Proposer certifies that Proposer has agreed to meet the specifications and instructions for the services to be done as set forth in Sections 1-5 of this RFP. ______ The Proposer certifies that Proposer has agreed to meet the specifications and requirements as set forth in the Collection Agreement (Attachment 1).
______ The Proposer certifies that Proposer has made an examination of the services as applicable to the Proposal, and fully understands the character of the work to be done. ______ The Proposer warrants that the requirements of the Collection Agreement as described in this RFP, its enclosures, and all addenda have been thoroughly reviewed and the Proposer has conducted all due diligence necessary to confirm material facts upon which the Proposal is based. ______ The Proposer agrees to pay one hundred percent (100%) of the cost of each of the two (2) Performance Reviews, during the initial term of the Collection Agreement. This amount will be escalated annually by the same percentage increase of percentage change in the Consumer Price Index for WaterSewer-Trash (CPI-WST) used to adjust Service Rates. Adjusted cost shall be rounded to the nearest cent. ______ The Proposer agrees to submit a Performance Bond or Letter of Credit in the amount of one million dollars ($1,000,000) to City upon Agreement award, effective July 1, 2025. ______ The Proposer agrees to reimburse the City for the solicitation, evaluation, and award of this procurement process, in an amount set by the City. This one-time payment is due and payable to the City within thirty (30) days after the Effective Date of the Collection Agreement. ______ The Proposer acknowledges the validity of the Proposal contents, including proposed Service Rates and pricing for a period of two hundred ten (210) days from the Proposal due date.

Having made the necessary examination, the undersigned hereby proposes to furnish all materials, vehicles, plans, equipment, and facilities, and to perform all labor and services which may be required to do said work within the time fixed and upon the terms and conditions provided in the Collection Agreement (Attachment 1), at the Service Rates set forth on Form K (Section 5 of RFP):

PROPOSER: __________________________________
President/Partner/Owner/Managing Member__________________________________ Secretary __________________________________
Firm Name __________________________________
Agenda Item Number: 3
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City Council Meeting Packet for Meeting of: June 4, 2024

Form H

PASS/FAIL REQUIREMENTS
Individual: Partnership: Joint Venture: LLC:

Corporation: , A Corporation (State of Incorporation)
Signature: ______________________________________ Date: _________________ Signature Instructions:

If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the form, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City as part of the Proposal.

If business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name; any one partner may sign the form.

If the business is INDIVIDUAL PROPRIETORSHIP, the name of the owner should appear followed by d/b/a and name of the company.

If the business is a LIMITED LIABILITY COMPANY, the Managing Member must sign the form.

If business is a JOINT VENTURE, the full name of each joint venturer should be listed in full and each joint venturer must sign the form, OR if one signature is permitted by the joint venture agreement or by-laws, a copy of the agreement or by-laws shall be furnished to the City as part of the Proposal.

Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024

Form I

NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS

1. SUMMARY OF CONTRACT REQUIREMENTS
a. A contract is required for any service performed on behalf of the City. Work cannot begin until the contract has been fully executed by both parties.

2. SUMMARY OF INSURANCE REQUIREMENTS
a. These are the Insurance Requirements for Contractors providing services or supplies to the City. By agreeing to perform the work or submitting a Proposal, you verify that you comply with and agree to be bound by these requirements. When Contract documents are executed, the actual Contract language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Risk Manager.
b. Article 27 of the Collection Agreement (Attachment 1) contains the City’s explicit minimum requirements for insurance, summarized by the information provided below.
c. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this Collection Agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this Collection Agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer, and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this Collection Agreement shall be: (1) all the Insurance coverage and limits carried by or available to the Contractor; or (2) the minimum Insurance requirements shown in this agreement, whichever is greater.

Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to the City. d. Contractor shall furnish the City with original Certificates of Insurance, including all required amendatory endorsements, and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. City reserves the right to require full-certified copies of all Insurance coverage and endorsements.

3. INSURANCE
a. General Insurance Requirements
i. All insurance shall be primary insurance and shall name City Sebastopol as an additional insured. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are an additional insured thereon.

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City Council Meeting Packet for Meeting of: June 4, 2024

ii. If the operation under this Collection Agreement results in an increased or decreased risk in the opinion of the City’s Risk Manager, then Contractor agrees that the minimum limits hereinabove designated shall be changed accordingly upon written request by the Risk Manager.
iii. Contractor agrees that provisions of this Section as to maintenance of insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to persons or property resulting from Contractor’s activities, the activities of its subcontractor, or the activities of any person or persons for which Contractor is otherwise responsible.
iv. A Certificate of Insurance, and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City’s Risk Manager, shall be submitted to City prior to execution of this Collection Agreement on behalf of the City. v. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier for nonpayment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to the City. In the event the said insurance is canceled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established.
vi. All required insurance must be in effect prior to awarding this Collection Agreement, and it or a successor policy must be in effect for the duration of this Collection Agreement. Maintenance of proper insurance coverage is a material requirement of this Collection Agreement, and the failure to maintain and renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. If Contractor, at any time during the term of this Collection Agreement, should fail to secure or maintain any insurance required under this Collection Agreement, City shall be permitted to obtain such insurance in Contractor’s name at Contractor’s sole cost and expense, or may terminate this Collection Agreement for material breach.
vii. Without limiting any other Contractor obligation regarding insurance, should Contractor’s insurance required by this Collection Agreement be cancelled at any point prior to expiration of the policy, Contractor must notify the City within 24 hours of receipt of notice of cancellation.

Furthermore, Contractor must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancellation. Contractor must ensure that there is no lapse in coverage.
b. Workers Compensation Insurance
i. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Contractor is a sole Agenda Item Number: 3
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City Council Meeting Packet for Meeting of: June 4, 2024

proprietor and does not have any employees and will not have any employees during the term of this Agreement.
c. Commercial General and Automobile Liability Insurance i. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $5,000,000 per occurrence and $10,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
d. Professional Liability Insurance
i. Contractor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $5,000,000 per occurrence or claim covering the Contractor’s errors and omissions.
e. Cyber Liability Insurance
i. Limits not less than $5,000,000 per occurrence or claim, $10,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Proposer in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines, and penalties, as well as credit monitoring expenses. f. Technology Professional Liability Errors & Omissions Insurance i. Technology Professional Liability Errors and Omissions Insurance appropriate to the Contractor’s profession and work hereunder, with limits not less than $5,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Proposer in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines, and penalties, as well as credit monitoring expenses.

Questions and requests for modification of these terms must be negotiated and approved prior to bid closing and are at the full discretion of the City.

I have read and understand the above requirements and agree to be bound by them for any work performed for the City.

Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________
Agenda Item Number: 3
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FORM J

REFERENCES

REQUEST FOR PROPOSAL
Solid Waste Management Collection Services
City of Sebastopol, California
The following are the names, addresses, and telephone numbers of three public agencies for which Proposer has performed work of a similar scope and size within the past three years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work shall govern. Complete this form accordingly. Fill out this form completely and upload it with your Proposal.

1. Name and Address of Owner / Agency
Name, Email, and Telephone Number of Person Familiar with Proposer Contract Amount Type of Work Date Completed

2. Name, Email, and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Proposer Contract Amount Type of Work Date Completed

3. __________________________________________________________________________ Name, Email, and Address of Owner / Agency
Name and Telephone Number of Person Familiar with Proposer Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom Proposer intends to procure insurance bonds:

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City Council Meeting Packet for Meeting of: June 4, 2024

Form K

SERVICE RATE PROPOSAL - INSTRUCTIONS
Form K is provided in an Excel workbook. Form K shall be submitted in Excel format electronically via email to ________.

In completing your hard copy of the Service Rate Forms, use this Excel Workbook.

Designated Tab Instruction
Tab A Please include all proposed Maximum Service Rates for services available to SFD Service Recipients.

SFD 2025 Service
Rates For any of the requested SFD Cart sizes or services that the Proposer does not offer, please fill in as "N/A".

If the Proposer has additional SFD container size options or services that are not included in the requested services, please add them into the "Other" section with the corresponding Service Rates.

Tab B Please include all proposed Maximum Service Rates for service levels and items available to MFD Service Recipients.

MFD 2025 Service
Rates For any of the requested MFD collection container sizes or collection frequencies that the Proposer does not offer, please fill in as "N/A".

If the Proposer has additional MFD container size, frequency, or service options that are not included in the requested services, please add them into the "Other" section with the corresponding Service Rates.

NOTE:

All MFD Garbage Service Rates include the equivalent of one 96-Gallon Recyclable Material Cart and one 96-Gallon Organic Waste Cart. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.

For Example:
a.) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled Garbage rate.
b.)
Should the Service Recipient increase the collection frequency to twice a week collection, the cost for Recyclable Material collection is NOT $120, it is $60 for the increased collection.
c.)
The unbundled rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.

Tab C
Commercial 2025
Service Rates
Please include all proposed Maximum Service Rates for service levels and items available to Commercial Service Recipients.

For any of the requested Commercial collection container sizes or collection frequencies that the Proposer does not offer, please fill in as "N/A".

If the Proposer has additional Commercial collection container size, frequency, or service options that are not included in the requested service levels, please add them into the "Other" section with the corresponding Service Rates.

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City Council Meeting Packet for Meeting of: June 4, 2024

Form K

SERVICE RATE PROPOSAL - INSTRUCTIONS
Tab C
Commercial 2025
Service Rates
(Continued)
NOTE:

All Commercial Garbage Service Rates include the equivalent of one 96-Gallon Recyclable Material Cart and one 32-Gallon Organic Waste Cart per Commercial service unit. Any increased or additional collection service request for Recycling/Organic Waste/Green Waste/Food Waste will be offset by the included bundled cost of Recycling/Organic Waste/Green Waste/Food Waste.

For Example:
a.) The cost for a 96-Gallon Recycling Cart is $60 for once-a-week collection. This cost is already included with the bundled Garbage rate.
b.)
Should the Service Recipient increase the collection frequency to twice a week collection, the cost for Recyclable Material collection is NOT $120, it is $60 for the increased collection.
c.)
The unbundled rate may be $120 for twice a week collection, however that rate is being offset by the already included once a week collection rate, which results in a twice a week collection rate at $60.

Tab D Please include all proposed Maximum Service Rates for Additional Service Items (Lock Charges, Special Pick-Up Charges, etc.).

Additional 2025 Rates
For any of the supplied Additional Service Items that the Proposer does not offer, please fill in as "N/A".

If the Proposer has Additional Service Item options that are not included in the supplied service levels, please add them into the "Other" section with the corresponding Service Rates.

Tab E
Please provide the basis of your startup capital expenses (What are the anticipated startup capital costs for proposed trucks and containers, by line of business?). Capital Start Cost Tab F
Additionally, please provide the proposed changes in proposed Maximum Service Rates associated with each Proposal Service Alternative or Collection Agreement Exception.

Proposal Service
Alternatives and
Collection Agreement
Exceptions
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Attachment 1
Attachment 1:

Draft Solid Waste Collection Agreement
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DRAFT 1/4/2024
1 2
3 4
5 DRAFT SOLID WASTE COLLECTION AGREEMENT
6 7 Executed Between the
8 City of Sebastopol and ___________
9 10 This ___ day of ___ 2024
11 12
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13 TABLE OF CONTENTS
14 Solid Waste Collection Agreement
15 16 Table of Contents
17 Article 1. Definitions ................................................................................................................. 5 18 Article 2. Term of Agreement ................................................................................................. 18 19 Article 3. Conditions Governing Services Provided by Contractor......................................... 18 20 Article 4. Franchise Fees and Payments ............................................................................... 20 21 Article 5. General Requirements............................................................................................ 21 22 Article 6. Collection Service Rates......................................................................................... 28 23 Article 7. Collection Service Billing......................................................................................... 32 24 Article 8. Diversion Requirements.......................................................................................... 34 25 Article 9. Service Unit Types.................................................................................................. 37 26 Article 10. Residential Service ............................................................................................... 38 27 Article 11. MFD Service ......................................................................................................... 44 28 Article 12. Commercial Service.............................................................................................. 51 29 Article 13. Industrial Service .................................................................................................. 57 30 Article 14. City Services ......................................................................................................... 58 31 Article 15. Additional Services ............................................................................................... 60 32 Article 16. Collection Routes.................................................................................................. 61 33 Article 17. Minimum Performance Standards ........................................................................ 62 34 Article 18. Collection Equipment ............................................................................................ 64 35 Article 19. Contractor’s Office ................................................................................................ 68 36 Article 20. Contractor Support Services................................................................................. 69 37 Article 21. Emergency Service............................................................................................... 75 38 Article 22. Record Keeping, Reporting Requirements, & Record Requests .......................... 76 39 Article 23. Nondiscrimination ................................................................................................. 84 40 Article 24. Service Inquiries and Complaints ......................................................................... 84 41 Article 25. Quality of Performance of Contractor ................................................................... 85 42 Article 26. Performance Bond ................................................................................................ 86 43 Article 27. Insurance .............................................................................................................. 87 44 Article 28. Hold Harmless and Indemnification ...................................................................... 92 45 Article 29. Default of Agreement ............................................................................................ 95 46 Article 30. Modifications to the Agreement ............................................................................ 97 47 Article 31. Dispute Resolution................................................................................................ 98 48 Article 32. Consent to Jurisdiction.......................................................................................... 99 49 Article 33. Attorney’s Fees ..................................................................................................... 99 50 Article 34. Legal Representation.......................................................................................... 100 51 Article 35. Conflict of Interest ............................................................................................... 100 52 Article 36. Contractor's Personnel........................................................................................ 100 53 Article 37. Exempt Waste..................................................................................................... 102 Agenda Item Number: 3
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54 Article 38. Independent Contractor ...................................................................................... 102 55 Article 39. Laws to Govern................................................................................................... 102 56 Article 40. Assignment ......................................................................................................... 102 57 Article 41. Compliance with Laws ........................................................................................ 103 58 Article 42. Permits and Licenses.......................................................................................... 103 59 Article 43. Ownership of Written Materials........................................................................... 103 60 Article 44. Waiver................................................................................................................. 104 61 Article 45. Prohibition Against Gifts...................................................................................... 104 62 Article 46. Point of Contact .................................................................................................. 104 63 Article 47. Notices ................................................................................................................ 104 64 Article 48. Transition to Next Contractor.............................................................................. 105 65 Article 49. Entire Agreement ................................................................................................ 105 66 Article 50. Severability ......................................................................................................... 105 67 Article 51. Right to Require Performance ............................................................................ 105 68 Article 52. All Prior Agreements Superseded....................................................................... 106 69 Article 53. Headings............................................................................................................. 106 70 Article 54. Exhibits ............................................................................................................... 106 71 Article 55. Commencement Date ......................................................................................... 106 72 Exhibit 1 Maximum Service Rates ....................................................................................... 108 73 Exhibit 2 List of City Facilities and Service Levels ............................................................... 109 74 Exhibit 3 Collection Container Specifications....................................................................... 110 75 Exhibit 4 Transition Plan ...................................................................................................... 113 76 Exhibit 5 Administrative Charges and Penalties .................................................................. 114 77 Exhibit 6 Customer Service Plan ......................................................................................... 118 78 Exhibit 7 Collection Service Operations Plan....................................................................... 119 79 Exhibit 8 Processing and Disposal Facilities........................................................................ 122 80 Exhibit 9 Sustainability and Compliance Plan...................................................................... 123 81 Exhibit 10 Education and Outreach Plan ............................................................................. 127 82 Exhibit 11 Acceptable Recyclable Materials ........................................................................ 128 83 Exhibit 12 Battery Bucket Locations .................................................................................... 129 84 Exhibit 13 Street Sweeping Service..................................................................................... 130 85 Exhibit 14 Refuse Rate Index Methodology......................................................................... 137 86 Agenda Item Number: 3
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87 This Solid Waste Collection Agreement (“Agreement”) is hereby entered into by and between the 88 City of Sebastopol, a general law city existing under the laws of the State of California (“City”), and [NAME 89 OF CONTRACTOR], a California [LEGAL CAPACITY] (“Contractor”), as of ______, 2024, under the terms 90 and conditions set forth herein.
91 92 RECITALS
93 The Legislature of the State of California, by enactment of the California Integrated Waste 94 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 95 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 96 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 97 The State of California has found and declared that the amount of garbage generated in California, 98 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 99 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 100 implement an aggressive integrated waste management program. The State has, through enactment of the 101 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 102 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options to reduce the 103 amount of garbage that must be disposed of in disposal sites. 104 Pursuant to Title 13, Chapter 13.16 of the City’s Municipal Code and California Public Resources 105 Code Section 40059(a) as may be amended from time to time, City has determined that the public health, 106 safety, and well-being require that an exclusive right be awarded to a qualified contractor to provide for the 107 collection of garbage, recyclable materials, and organic waste materials, except for collection of materials 108 excluded in City’s Municipal Code, and other services related to meeting the Act’s fifty percent (50%) 109 diversion goal and other requirements of the Act.
110 City further declares its intent to regulate and set the maximum rates Contractor may charge 111 Service Recipients for the collection, transportation, and processing of garbage, recyclable materials, and 112 organic waste materials.
113 The City Council has determined that Contractor, by demonstrated experience, reputation, and 114 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 115 materials within the corporate limits of City and the transportation of such material to appropriate places for 116 processing, recycling, composting, and/or disposal; and City Council desires that Contractor be engaged 117 to perform such collection services on the basis set forth in this Agreement; and Contractor has represented 118 that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic 119 waste materials within the corporate limits of City; the transportation of such material to appropriate places 120 for processing, recycling, composting, and/or disposal; and the processing of materials. 121 By Resolution No. ___, the City Council of City duly approved this Agreement, together with the 122 Franchise Fee, Contractor payments to City, and other City-imposed fees provided for in the Agreement 123 (collectively “City-Imposed Fees”), and found and determined that such City-Imposed Fees were both 124 necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration 125 of the contracted services, compliance with mandatory state laws and regulations related to the contracted 126 services, and to mitigate the impacts contracted services will have on City streets. 127
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128 OPERATIVE PROVISIONS
129 Now, therefore, in consideration of the mutual covenants, agreements, and consideration contained 130 in this Agreement, City and Contractor agree as follows:
131 Article 1. Definitions
132 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 133 specifically stated. When not inconsistent with the context, words used in the present tense include the 134 future, words in the plural include the singular, and words in the singular include the plural. Use of the 135 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 136 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly 137 understood in the Solid Waste Collection industry when the common understanding is uncertain. 138 1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 139 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 140 4 cubic yards of commercial Solid Waste per week or multifamily residential dwellings of 5 units or more, to 141 arrange for Recycling services and requires jurisdictions to implement a commercial Solid Waste Recycling 142 program.
143 1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 144 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 145 recycle Organic Waste under AB 1826 (“MORe”) or SB 1383 and that provide customers access to the 146 business, to provide customers with a Recyclable Materials bin and/or Organic Waste Collection bin for those 147 waste streams that is visible, easily accessible, and adjacent to each Bin or Container for trash. 148 1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 149 of 1989”, codified in part in Public Resources Code §§ 40000 et seq., and such regulations adopted by 150 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 151 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 152 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), and the Mandatory Commercial Organics Recycling Act 153 (AB 1826).
154 1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594, approved 155 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 156 Daily Cover does not constitute Diversion through Recycling and would be considered Disposal. 157 1.05 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826, approved 158 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 159 Organic Waste Recycling program to Divert from the landfill Organic Waste from businesses. Each business 160 meeting specific Organic Waste or Solid Waste generation thresholds phased in from April 1, 2016, to January 161 1, 2020, is required to arrange for Organic Waste Recycling services. 162 1.06 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036, approved 163 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting Agenda Item Number: 3
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164 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 165 license, or permit.
166 1.07 Administrative Charges and Penalties. “Administrative Charges and Penalties” means 167 those charges listed in Exhibit 5 to this Agreement. 168 1.08 Agreement. “Agreement” means the written Solid Waste Collection Agreement between 169 the City and the Contractor covering the work to be performed, as well as all contract documents attached to 170 the agreement and made a part thereof.
171 1.09 Agreement Administrator. “Agreement Administrator” means the City Manager, or his or 172 her designee, designated to administer and monitor the provisions of the Agreement. 173 1.10 Agreement Year. “Agreement Year” means each twelve (12) month period from July 1 to 174 June 30 during the Term of this Agreement.
175 1.11 Alternative Fuel Vehicle. “Alternative Fuel Vehicle” means a vehicle whose engine uses a 176 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably 177 low emissions of air pollutants regulated under the California Clean Air Act, Health, and Safety Code Section 178 39000 et seq. or the South Coast Air Quality Management District’s rules and regulations including Rule 1193. 179 1.12 Applicable Law. “Applicable Law” shall mean all federal, state, county, and local laws, 180 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 181 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as 182 may be enacted, issued, or amended thereafter, including, without limitation, the City’s Municipal Code, the 183 California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) as 184 amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of 185 AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing the same. It shall 186 also include SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, and the 187 California Air Resources Board Advanced Clean Fleets regulations (2023). 188 1.13 Bin. “Bin” means a metal or plastic waste Container designed or intended to be 189 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 190 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins are 191 set forth in Exhibit 3.
192 1.14 Biohazardous or Biomedical Waste. “Biohazardous or Biomedical Waste” means any 193 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included 194 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes, 195 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 196 specimens, hypodermic needles, sharps, contaminated clothing, and surgical gloves. 197 1.15 Box. “Box” means a large open-top rectangular metal Container used to store and transport 198 Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials, Agenda Item Number: 3
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199 Collected using a special vehicle equipped with hooks and a winch to pull the Box onto the flat bed of the 200 truck for transport.
201 1.16 Bulky Waste. “Bulky Waste” means furniture, household appliances, automobile tires, 202 shipping crates and containers, carpets, mattresses, oversized yard waste such as tree trunks and large 203 branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items 204 not normally discarded on a regular basis at a residential, commercial, or business establishment and which 205 do not fit in a regular Collection Container and require special handling due to their size but can be Collected 206 and transported without the assistance of special loading equipment (such as forklifts or cranes) and without 207 violating vehicle load limits. “Bulky Items” do not include Construction and Demolition Debris or Electronic 208 Waste, the latter of which is regarded as Universal Waste and the Disposal of which is governed by the 209 Department of Toxic Substances Control.
210 1.17 Business Day. “Business Day” means any Monday through Friday, excluding any holidays 211 as defined in Section 1.57.
212 1.18 Calendar Year. “Calendar Year” means each twelve (12) month period from January 1 to 213 December 31.
214 1.19 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 215 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by 216 the exclusive franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for 217 Collection, accumulation, and removal of Solid Waste from commercial, industrial, or residential Premises in 218 connection with exclusive franchise Solid Waste Collection. The specifications for Contractor-provided Carts 219 are set forth in Exhibit 3.
220 1.20 CERCLA. “CERCLA” means the Comprehensive Environmental Response, Compensation 221 and Liability Act of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations 222 promulgated thereunder.
223 1.21 Change in Law. “Change in Law” means the occurrence of any of the following events after 224 the Effective Date, when such event has a material and adverse effect on the Parties’ responsive obligations 225 or the performance of their respective obligations under this Agreement (except for any payment obligations):
226 (i) the enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative 227 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local 228 court or agency in a proceeding to which a Party is a party, but not to the extent such order or judgment finds 229 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) 230 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent 231 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to 232 have been a Change in Law.
233 1.22 City. “City” means the City of Sebastopol, California, including any unincorporated areas 234 of the County that may be annexed by the City during the Initial Term and all extensions.

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235 1.23 City Collection Service. “City Collection Service” means City Clean-up Service, City 236 Garbage Collection Service, Bulky Waste Collection Service, City Organic Waste Collection Service, City 237 Recyclable Materials Service, and City-Sponsored Events Service as more particularly described immediately 238 below.
239 A. City Clean-up Service. On-call City requested Collection from Agreement 240 Administrator to support City services and operations. 241 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 242 City Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 243 C. City Bulky Waste Collection Service. The periodic on-call Collection of Bulky Waste, 244 by Contractor, from City Service Units in the Service Area, and the delivery of that Bulky Waste to the 245 Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the terms 246 of this Agreement.
247 D. City Organic Waste Collection Service. The Collection of Organic Waste, by 248 Contractor, from City Service Units in the Service Area, and the delivery of those Organic Waste materials 249 to the Organic Waste Processing Facility.
250 E. City Recyclable Materials Service. The Collection of Recyclables Materials by the 251 Contractor from City Service Units in the Service Area, and the delivery of those Recyclable Materials to the 252 Materials Recovery Facility.
253 F. City-Sponsored Event Service. On-call Collection Service at City-Sponsored 254 Events.
255 1.24 City Facility. “City Facility” means any building or other site that the City owns, leases, or 256 occupies that are listed in Exhibit 2.
257 1.25 City Manager. “City Manager” means the City Manager of the City of Sebastopol, or his or 258 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 259 of the City Manager.
260 1.26 Collect and Collection and Collected. “Collect”, “Collection”, and “Collected” all refer to the 261 removal of Solid Waste from a Service Unit and transportation to the Disposal Facility, Organic Waste 262 Processing Facility, Materials Recovery Facility, or Transfer Station, as appropriate. 263 1.27 Collection Container. “Collection Container” means a Bin, Cart, Debris Box, or Roll-Off 264 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection 265 Service under this Agreement.
266 1.28 Collection Service. “Collection Service” means Contractor’s obligations under this 267 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection 268 Service, Multi-Family Dwelling (MFD) Collection Service, Commercial Collection Service, and City Collection 269 Service.

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270 1.29 Collection Vehicle. “Collection Vehicle” means a licensed vehicle that has all required 271 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use 272 under this Agreement.
273 1.30 Commencement Date. “Commencement Date” is that date specified in Section 2.01 of this 274 Agreement.
275 1.31 Commercial Collection Service. “Commercial Collection Service” means Collection Service 276 provided to Commercial Service Units. Commercial Collection Service specifically includes the following:
277 A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor 278 from Commercial Service Units in the Service Area, and the delivery of that Garbage to the Disposal 279 Facility.
280 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 281 by Contractor, from Commercial Service Units in the Service Area and the delivery of those Organic Waste 282 materials to the Organic Waste Processing Facility. 283 C. Commercial Recyclable Materials Collection Service. The Collection of Recyclable 284 Materials, by Contractor, from Commercial Service Units in the Service Area, and the delivery of those 285 Recyclable Materials to the Materials Recovery Facility. 286 1.32 Compactor. “Compactor” means any Collection Container which has a compaction 287 mechanism, whether stationary or mobile.
288 1.33 Compost. “Compost” means the act or product of the controlled biological decomposition 289 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 290 include the product of anaerobic digestion or other conversion technologies. 291 1.34 Construction and Demolition Debris. “Construction and Demolition Debris” means 292 discarded materials removed from Premises, resulting from construction, renovation, remodeling, repair, 293 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or 294 from landscaping. Such materials include, but are not limited to: “inert wastes” as defined in Public Resources 295 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt); gravel; plaster; 296 gypsum wallboard; aluminum; glass; plastic pipe; roofing material; carpeting; wood; masonry; trees; remnants 297 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and 298 packaging; and rubble resulting from construction, remodeling, renovation, repair and demolition operations 299 on pavements, houses, commercial buildings, and other structures. 300 1.35 Consumer Price Index (CPI). “CPI” means both the index sets published by the United 301 States Department of Labor, Bureau of Labor Statistics and, more specifically, Consumer Price Index series 302 CUSR0000SEHG, Water and Sewer and Garbage Collection Services in U.S. city average, all urban 303 consumers, seasonally adjusted.
304 1.36 Container. “Container" means a Collection Container.

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305 1.37 Contaminant. “Contaminant” means any material or substance placed into or found in a 306 Collection Container, other than the type of Source Separated material for which that Collection Container is 307 intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into 308 or found in a Recyclable Materials Collection Container. Similarly, anything that is not Organic Waste is a 309 Contaminant if placed into or found in an Organic Waste Collection Container. 310 1.38 Contractor. “Contractor” means ___________, which has entered into this Agreement. 311 1.39 County. “County” means Sonoma County, California. 312 1.40 Customer. “Customer" means the owner, occupant, or user of Premises at which Solid 313 Waste is generated and then Collected by Contractor. Customers include Single Family Dwelling (SFD) 314 Customers, Multi-Family Dwelling (MFD) Customers, and Commercial Customers. City is also a receiver of 315 Collection Service, but not a Customer.
316 1.41 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 317 a permitted landfill or other permitted Solid Waste Disposal facility, as defined in California Public Resources 318 Code Section 40192(b).
319 1.42 Disposal Facility. “Disposal Facility” means the permitted place or places listed in Exhibit 8 320 for the Disposal of Garbage or other materials as appropriate and acceptable. 321 1.43 Diversion or Divert. “Diversion” and “Divert” refer to the programs and activities that reduce 322 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, 323 Recyclable Materials, and Composting.
324 1.44 Diversion Compliance. “Diversion Compliance” means compliance with Diversion 325 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for 326 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.02. 327 1.45 Dwelling Unit. “Dwelling Unit” means a building or part of a building designed for residential 328 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for 329 cooking and sleeping.
330 1.46 Edible Food. “Edible Food” has the same meaning as found in Section 13.16.010 of the 331 Sebastopol Municipal Code. Edible Food means food intended for human consumption. For purposes of this 332 Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement 333 requires or authorizes the recovery of food that does not meet the food safety requirements of the California 334 Retail Food Code.
335 1.47 Edible Food Recovery. “Edible Food Recovery” means the actions to Collect and distribute 336 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 337 to waste, such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 338 facilities.

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339 1.48 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement 340 is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign 341 and deliver.
342 1.49 Electronic Waste (E-Waste). “E-Waste” means electronic equipment such as stereos, 343 televisions, computers, and other similar items Collected from SFD Service Units or MFD Service Units. 344 1.50 Exempt Waste. “Exempt Waste” consists of “Excluded Waste” as defined in Section 345 13.16.010 of the Sebastopol Municipal Code as well as Biohazardous or Biomedical Waste, Hazardous 346 Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, 347 lead-acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 348 1.51 Food Waste. “Food Waste” means (1) food scraps, including all edible or inedible food 349 such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, 350 bread, cheese, coffee grounds, and eggshells; and (2) food-soiled paper, which is compostable paper 351 material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, 352 paper coffee cups, napkins, and pizza boxes. Food Waste excludes fats, oils, and grease when such materials 353 are Source Separated from other Food Waste.
354 1.52 Franchise Fee. “Franchise Fee” means a payment that the Contractor has voluntarily 355 agreed to pay to City in consideration of the exclusive rights granted by the City under this Agreement. City 356 and Contractor acknowledge and agree that the amount of the Franchise Fee is the result of bona fide, arms357 length negotiations between City and Contractor. Contractor further acknowledges and agrees that the 358 amount of the Franchise Fee represents the City’s costs associated with this Agreement and payment for use 359 of government property. Contractor is not required by this Agreement or any City ordinance, resolution, or 360 regulation to charge the Franchise Fee to Customers. Because the Franchise Fee represents a cost to 361 Contractor in performing services pursuant to this Agreement, Contractor may, in its sole discretion, include 362 an amount equal to the Franchise Fee in Contractor’s compensation. 363 1.53 Garbage. “Garbage” means all putrescible and non-putrescible solid, semi-solid, and 364 associated liquid waste generated or accumulated through the normal activities of a Premises. Garbage does 365 not include Recyclable Materials, Organic Waste, or Bulky Waste that is source-separated and set out for 366 purposes of Collection and Recycling.
367 1.54 Green Waste. “Green Waste” means grass clippings, leaves, landscape and pruning 368 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 369 landscapes or gardens.
370 1.55 Gross Revenue. “Gross Revenue” means all monetary amounts actually Collected or 371 received by Contractor for the provision of all services pursuant to this Agreement, including, but not limited 372 to: all receipts from Service Recipients, inclusive of late charges, contamination charges, Franchise Fees, or 373 any other cost of doing business. “Gross Revenue”, for purposes of this Agreement, does not include 374 revenues generated from the sale of Recyclable Material, Compost, or energy; or grants, cash awards, State Agenda Item Number: 3
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375 of California Department of Conservation payments, or rebates resulting from the performance of this 376 Agreement.
377 1.56 Hazardous Waste. “Hazardous Waste” shall have the meaning set forth in California Code 378 of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations 379 as may be amended from time to time.
380 1.57 Holiday. “Holiday” means New Year’s Day, Martin Luther King Jr. Day, Lincoln’s Birthday, 381 Washington’s Birthday, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, 382 Veterans Day, the Wednesday before Thanksgiving, Thanksgiving Day, Christmas Eve Day, Christmas Day, 383 and New Year’s Eve Day and any other day recognized by resolution of the City Council. 384 1.58 Household Hazardous Waste (HHW). “HHW” means that waste resulting from products 385 purchased by the general public for household use which, because of its quantity, concentration, or physical, 386 chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or 387 the environment when improperly treated, Disposed, or otherwise managed, or, in combination with other 388 Solid Waste, may be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the characteristics of 389 ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 390 Chapter 11, Section 66261.3.
391 1.59 Kitchen Food Waste Pail. “Kitchen Food Waste Pail” means a plastic receptacle with a 392 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD 393 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City. 394 1.60 Materials Recovery Facility. “Materials Recovery Facility” means the facility listed in Exhibit 395 8 to which Recyclable Materials are brought for separation into marketable Recyclable Materials. 396 1.61 Maximum Service Rate. “Maximum Service Rate” means the maximum amount that 397 Contractor may charge Service Recipients for Solid Waste Collection, as listed in Exhibit 1, and as may be 398 adjusted in accordance with the provisions of this Agreement. 399 1.62 Multi-Family Dwelling (MFD) Collection Service. “MFD Collection Service” means 400 Collection Service that serves a Multi-Family Dwelling, and specifically includes the following:
401 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 402 MFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 403 B. MFD Bulky Waste Collection Service. The periodic on-call Collection of Bulky 404 Waste, by Contractor, from MFD Service Units in the Service Area and the delivery of those Bulky Waste to 405 the Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the 406 terms of this Agreement. MFD Bulky Waste Collection Service may include the Collection of Bulky Waste 407 using Roll-Off Containers.
408 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 409 Contractor, from MFD Service Units in the Service Area, and the delivery of those Organic Waste materials 410 to the Organic Waste Processing Facility.

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411 D. MFD Recyclable Materials Service. The Collection of Recyclables Materials by the 412 Contractor from MFD Service Units in the Service Area, and the delivery of those Recyclable Materials to 413 the Materials Recovery Facility.
414 1.63 Municipal Code. “Municipal Code” means the City of Sebastopol Municipal Code. 415 1.64 Non-Collection Notice. “Non-Collection Notice” means a written notice approved by the 416 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste 417 set out for Collection.
418 1.65 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 13.16.010 419 of the Sebastopol Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled 420 paper waste that is mixed in with Food Waste. Plastic bags, including compostable plastic bags, are not 421 accepted in the City’s Organic Materials Collection program unless otherwise determined mutually by City 422 and Contractor. Paper products and printing and writing paper, each as defined in SB 1383, may be placed 423 in either the Recyclable Materials Container or the Organic Waste Container. Carpet and textiles, as well as 424 compostable plastic materials, may not be placed in either the Recyclable Materials Container or the Organic 425 Waste Container.
426 1.66 Organic Waste Collection Service. “Organic Waste Collection Service” means the 427 Collection of Organic Waste from Service Units, and the delivery of those Organic Waste materials to the 428 Organic Waste Processing Facility.
429 1.67 Organic Waste Processing Facility. “Organic Waste Processing Facility” means the facility 430 designed, operated, and legally permitted for the purpose of receiving and processing Food Waste, Green 431 Waste, and Organic Waste listed in Exhibit 8.
432 1.68 Overage. “Overage” means Solid Waste set out for Collection either on top of or outside of 433 a Container or in any manner that either prevents the Container lid from completely closing or potentially 434 causes Solid Waste to spill during Collection by Contractor’s vehicles. 435 1.69 Premises. “Premises” means any land or building in the City where waste is generated or 436 accumulated.
437 1.70 Processing. “Processing” means the acts of receiving, sorting, processing, baling, storing, 438 preparation, and otherwise recovering Garbage, Waste, Animal Waste, Biohazardous or Biomedical Waste, 439 Bulky Waste, Construction and Demolition Debris, Electronic Waste, Food Waste, Hazardous Waste, Organic 440 Waste, Solid Waste, and/or Wood Waste for disposal or transfer to other processors or manufacturers. 441 1.71 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 442 the following, but does not include Organic Waste specifically allowed for Collection in a Container that is 443 required to be transported to a high Diversion Organic Waste processing facility if the waste is specifically 444 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 445 14 CCR Section 18984.1, 18984.2, or 18984.3: (A) Non-Organic Waste placed in a Collection Container 446 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes Agenda Item Number: 3
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447 that are carpet, hazardous Wood Waste, or non-compostable paper placed in the Collection Container that 448 is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C) 449 Organic Wastes placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 450 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 451 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for 452 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 453 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 454 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products, 455 printing and writing paper, wood, and dry lumber may be considered acceptable and not considered 456 Prohibited Container Contaminants if they are placed in Collection Container designated for Recyclable 457 Materials; and (E) Exempt Waste placed in any Collection Container. 458 1.72 Quarter. “Quarter” means a three-month period during a calendar year. The first Quarter is 459 January through March. The second Quarter is April through June. The third Quarter is July through 460 September. The fourth Quarter is October through December. 461 1.73 Rate Year. “Rate Year” means the period of July 1 to June 30 for each year during the 462 Term of this Agreement.
463 1.74 Recyclable Materials. “Recyclable Materials” means those materials that are separated 464 from Solid Waste prior to Disposal to be recycled, consistent with the requirements of the Act. Recyclable 465 Materials that can be placed in the Recyclable Materials Container are listed in Exhibit 11, and the term also 466 includes any other items determined by the Agreement Administrator. 467 1.75 Recycling. “Recycling” means the process of Collecting, sorting, cleansing, treating, and/or 468 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 469 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 470 standards necessary to be used in the marketplace. The Collection, transportation, or Disposal of Solid Waste 471 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 472 in Public Resources Code Section 40201. Paper products and printing and writing paper, each as defined in 473 SB 1383, may be placed in either the Recyclable Materials Container or the Organic Waste Container. Carpet 474 and textiles, as well as compostable plastic materials, may not be placed in either the Recyclable Materials 475 Container or the Organic Waste Container.
476 1.76 Residential Collection Service. “Residential Collection Service” means ongoing regularly 477 scheduled Collection of Solid Waste by an exclusive franchise from Residential Service Units and MFD 478 Service Units, and the delivery of that Solid Waste to the Disposal Facility, Materials Recovery Facility, and/or 479 Organic Waste Processing Facility.
480 1.77 Residential Premises. “Residential Premises” means: (i) any building or structure, or 481 portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and 482 (ii) any multiple-unit residential complex which, with the prior written approval of the City Manager, receives 483 Solid Waste Collection using standard residential Containers.

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484 1.78 Roll-Off Container. “Roll-Off Container” means a metal Container with a capacity of ten 485 (10) or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to the 486 appropriate facility.
487 1.79 SB 1383. “SB 1383” means State of California Senate Bill 1383, Short-lived Climate 488 Pollutants: Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the 489 law, Title 14, Code of California Regulations (CCR), Chapter 12. 490 1.80 SB 54. “SB 54” means State of California Senate Bill 54, Plastic Pollution Prevention and 491 Packaging Producer Responsibility Act, approved June 30, 2022, and the regulations implementing the law, 492 adding Chapter 3 within Part 3 of Division 30 of the California Public Resources Code. 493 1.81 Self-Haul. “Self-Haul” means the Collection of Solid Waste by the resident, owner, or 494 occupant of the Premises on which the Solid Waste was generated, pursuant to a City-issued permit and in 495 accordance with the requirements of the Municipal Code. 496 1.82 Service Area. “Service Area” means that area within the city limits of the City of Sebastopol 497 designated by City as the Service Area.
498 1.83 Service Recipient. “Service Recipient” means an individual or entity receiving Collection 499 Service. Service Recipient and Customer are used interchangeably depending on context. 500 1.84 Service Unit. “Service Unit” means a single subscriber to Contractor’s Solid Waste 501 Collection. Service Unit specifically includes the following:
502 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 503 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 2 504 and may be modified by written notice to Contractor by the City. 505 B. Commercial Service Unit. All retail, professional, wholesale, and industrial 506 facilities, as well as other commercial enterprises offering goods or services to the public, that utilize a 507 Garbage Bin, Cart, Compactor, or Roll-Off Container for the accumulation and set-out of Commercial 508 Solid Waste.
509 C. Multi-Family Dwelling (MFD) or MFD. “Multi-Family Dwelling” or “MFD” shall mean 510 any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used for 511 residential purposes, and having five (5) or greater distinct living units. A MFD Service Unit refers to any 512 Multi-Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid 513 Waste originating from MFD residential Premises.
514 1.85 Single-Family Dwelling (SFD) Service Unit. “Single-Family Dwelling” and “SFD” shall mean 515 any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used for 516 residential purposes, and having four (4) or fewer distinct living units. A SFD Service Unit refers to any Single517 Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid Waste 518 originating from SFD residential Premises. The term SFD Service Unit is inclusive of all SFD Dwelling Units 519 regardless of how many SFD Dwelling Units sit on a single parcel; though multiple Dwelling Units may exist Agenda Item Number: 3
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520 on one parcel, to the extent that one SFD Dwelling has four (4) or fewer distinct living units, it shall be treated 521 as a SFD Service Unit.
522 1.86 SFD Collection Service. “SFD Collection Service” means SFD Garbage Collection Service, 523 SFD Recyclable Materials Service, SFD Organic Waste Collection Service, and SFD Bulky Waste Collection 524 Service.
525 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 526 SFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 527 B. SFD Bulky Waste Collection Service. The periodic on-call Collection of Bulky 528 Waste, by Contractor, from SFD Service Units in the Service Area, and the delivery of those Bulky Waste 529 to the Disposal Facility, Materials Recovery Facility, or other such facility as may be appropriate under the 530 terms of this Agreement. SFD Bulky Waste Collection Service does not include the Collection of Bulky 531 Waste using Roll-Off Containers.
532 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 533 Contractor, for SFD Service Units in the Service Area, and the delivery of those Organic Waste Materials 534 to the Organic Waste Processing Facility.
535 D. SFD Recyclable Materials Service. The Collection of Recyclable Materials by the 536 Contractor from SFD Service Units in the Service Area the delivery of those Recyclable Materials to the 537 Materials Recovery Facility.
538 1.87 Single-Family Dwelling or SFD. “Single-Family Dwelling” or “SFD” means any residential 539 Premises with four (4) or fewer single attached Dwelling Units, each designed for use by one bona fide 540 housekeeping group.
541 1.88 Sludge. “Sludge” means the accumulated solids, residues, and precipitates generated as 542 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or 543 operation of an air pollution control facility, as well as mixed liquids and solids pumped from septic tanks, 544 grease traps, privies, or similar disposal appurtenances, or any other such waste having similar 545 characteristics or effects.
546 1.89 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 547 liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 548 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 549 dewatered, treated, or chemically fixed sewage Sludge which is not Hazardous Waste, vegetable or animal 550 solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public 551 Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable 552 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health 553 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety 554 Code Section 117600 et seq.

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555 1.90 Solid Waste Collection. “Solid Waste Collection” means the Collection of Garbage, 556 Recyclable Materials, and Organic Waste within the corporate limits of City, and the transportation of such 557 material to appropriate places for processing, Recycling, Composting, and/or Disposal. 558 1.91 Source Separated. “Source Separated” means materials that have been kept separate in 559 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 560 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 561 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 562 in 14 CCR Section 17402.5(b)(4).
563 1.92 Source Reduction and Recycling Element (SRRE). “SRRE” means a formal planning 564 document that demonstrates how the City will comply with the Act’s Diversion goals. 565 1.93 Term. “Term” means the time period or duration for which the Agreement is in effect. 566 1.94 Tier One Commercial Edible Food Generator. “Tier One Commercial Edible Food 567 Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 568 compliance deadline of January 1, 2022. Tier One Generators may include supermarkets; grocery stores with 569 a total facility size equal to or greater than 10,000 square feet; food service providers that serve institutional, 570 governmental, commercial, or industrial locations; food distributors; and/or wholesale food vendors. 571 1.95 Tier Two Commercial Edible Food Generator. “Tier Two Commercial Edible Food 572 Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 573 compliance deadline of January 1, 2024. Tier Two Generators may include restaurants with 250 or more 574 seats or a total facility size equal to or greater than 5,000 square feet; hotels with an on-site food facility and 575 200 or more rooms; health facilities with an on-site food facility and 100 or more beds; large venues 576 (permanent venue facilities that annually seat or serve an average of more than 2,000 individuals within the 577 grounds of the facility per day of operation); large events (events that serve an average of more than 2,000 578 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, 579 or privately owned park, parking lot, golf course, street system, or other open space when being used for an 580 event); state agencies; and/or local education agencies. 581 1.96 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 8 for 582 conveyance of Solid Waste Collected by Contractor into larger vehicles prior to transportation of the Solid 583 Waste to the Disposal Facility or Processing Facility. 584 1.97 Unicycling. “Unicycling” means a method of separating trash and Recyclable Materials in 585 a single Collection Container. Garbage materials are Collected in bags and deposited into the Collection 586 Container, and Recyclable Materials are deposited into the Collection Container loose and unbagged. 587 1.98 Universal Waste or U-Waste. “Universal Waste” or “U-Waste” means electronic devices, 588 dry-cell batteries, non-empty aerosol cans, fluorescent lamps, fluorescent bulbs, mercury thermostats, and 589 other mercury-containing equipment.

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590 1.99 Waste. “Waste” means the useless, unused, unwanted, or discarded material and debris 591 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously 592 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. 593 1.100 Waste Generator. “Waste generator” means any person, as defined by the most current 594 version of the Public Resources Code, whose act or process produces Solid Waste as defined in that same 595 code, or whose act first causes Solid Waste to become subject to regulation. 596 1.101 Workday. “Workday” means any day, Monday through Saturday, that is not a Holiday as 597 set forth in this Agreement.
598 1.102 Wood Waste. “Wood Waste” means Solid Waste consisting of stumps, large branches, 599 tree trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 600 products; harvesting, processing, or storage of raw wood materials; or Construction and Demolition activities. 601 Article 2. Term of Agreement
602 2.01 Term of Agreement. The Term of this Agreement will be for a fifteen (15) year period 603 beginning July 1, 2025, and terminating on September 30, 2040. Contractor shall commence performance of 604 its Solid Waste Collection obligations under this Agreement on July 1, 2025 (“Commencement Date”). 605 2.02 Optional Extension of Term. City may, in its sole discretion, grant Contractor two additional 606 five (5) year extensions of the Term. The City may decline to negotiate an extension of the Term if the following 607 preconditions are not satisfied; (1) Contractor is not then in default of any material term or condition of the 608 Agreement; (2) Contractor has paid City on time all required fees associated with Agreement; or (3) Contractor 609 must request the Optional Extension of Term by January 1, 2039, in order to be eligible for the first extension, 610 and by January 1, 2044, to be eligible for the second extension. City shall consider performance standards 611 and the results of performance reviews, as outlined in Article 17, in decisions regarding extension of term. 612 Article 3. Conditions Governing Services Provided by Contractor 613 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 614 conditions set forth herein, including the limitations set forth in Sections 3.02 and 3.03, the exclusive franchise, 615 right, and privilege to collect, transport, and process (as legally applicable), in a lawful manner, Solid Waste, 616 Recyclable Materials, and Organic Materials accumulating in the City’s Service Area that are required to be 617 accumulated and offered for Collection to the Contractor in accordance with Applicable Law, for the Term of 618 and within the scope set forth in this Agreement.
619 3.02 Recyclable Materials, Organic Waste, and Bulky Waste Discarded by Service Recipients. 620 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 621 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 622 instance: (1) the Recyclable Materials and Organic Waste must be Source Separated from and not mixed 623 with other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for Collecting, 624 processing, or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price Agenda Item Number: 3
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625 for Collection, Disposal, and/or Recycling services for any form of un-segregated or segregated Solid Waste 626 is not a sale or donation of Recyclable Materials or Organic Waste, and such Solid Waste does not qualify 627 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 628 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic Waste 629 become the property of Contractor.
630 3.03 Exclusions to Exclusivity.
631 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 632 process for Diversion specialized materials, including, but not limited to, Organic Waste, metals, 633 Construction and Demolition Debris, laboratory waste, pallets, clothing, shoes, textiles, plastic, and others, 634 and a third party is able to re-use or Recycle one or more of these materials, Service Recipients shall have 635 the right to engage the third-party recycler to Collect and Recycle those Source-Separated Recyclable 636 Materials, provided that the Diversion is verified by the City. 637 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 638 Commercial Service Unit has Source Separated Recyclable Material, the Waste Generator is entitled to sell 639 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 640 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 641 3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 642 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 643 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not 644 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 645 reduction in price for Collecting, processing, or transporting such material), and they are used as animal 646 feed, are exempted from this exclusive Collection Agreement. Entities requesting exemption must apply to 647 the City and be any of the following: registered pursuant to Section 110460 of the Health and Safety Code 648 or be exempted from registration pursuant to Section 110480 of the Health and Safety Code or be a beer 649 manufacturer as defined in Section 23012 of the Business and Professions Code, or be a distilled spirits 650 manufacturer, as defined in Section 23015 of the Business and Professions Code. 651 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 652 is Source Separated at any Premises by the waste generator and donated to youth, civic, or charitable 653 organizations qualified as such pursuant to Federal law. 654 3.03.5 Gardening or Landscape Services. Green Waste removed from a Premises by a 655 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 656 company rather than as a hauling service.
657 3.03.6 Animal waste. Animal waste and remains from slaughterhouses or butcher shops 658 for use as tallow.
659 3.03.7 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to Disposal or 660 Processing Facilities, to the extent authorized by the Municipal Code.

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661 3.03.8 Materials Generated or Accumulated During An Emergency or Disaster. During an 662 emergency or disaster, as determined by City in its sole discretion, City may enlist additional contractors or 663 other entities in the Collection, transportation, and/or Disposal of any and all types of materials that are 664 generated or accumulated. In particular, the City may choose to pursue reimbursement of disaster services 665 through the Federal Emergency Management Agency (FEMA), which would require that the associated 666 disaster services be secured via a competitive bidding process. Contractor shall not be prohibited by any 667 part of this Agreement from participating in this competitive bidding process, but City shall be free to put 668 services associated with declared disasters out to bid in accordance with FEMA requirements and enlist 669 additional contractors based on the results of that process. 670 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 671 and collection of payments for Solid Waste Collection within the Service Area. 672 Article 4. Franchise Fees and Payments
673 4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 674 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 675 consideration for the rights and privileges granted to Contractor under this Agreement. 676 4.02 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall 677 reimburse the City a one-time fee of Two Hundred Thousand Dollars ($200,000) for the cost of the Collection 678 Agreement solicitation, evaluation, negotiation, and award process. This fee shall be due and payable on the 679 thirtieth (30th) day after the Effective Date of the Agreement. This fee shall not be recoverable via Contractor’s 680 Collection Service Rates or any other form of compensation under this Agreement. 681 4.03 Monthly Fees and Payments. The following monthly fees and payments shall be due and 682 payable on the twentieth day of the month following the end of each month for which Solid Waste Collection 683 was provided, with the first such payment being due on November 20, 2025. The City Council may adjust the 684 Monthly Fees by resolution, in which case Contractor shall be entitled to an adjustment to Maximum Service 685 Rates as a City-directed change in accordance with Section 30.01. The Monthly Fees shall be accompanied 686 at the time of payment by a written report, in a format acceptable to the City, setting forth the calculations 687 Contractor used to determine the amount due and the basis for those calculations. Figures used in the report 688 shall be taken from Contractor’s general books of account, and Contractor shall retain all supporting 689 documentation in accordance with the records retention requirements in Section 22.01. 690 4.03.1 Franchise Fee. Contractor shall pay to City a Franchise Fee set by City Council 691 resolution. The Franchise Fee shall be due and payable monthly within twenty (20) days following the end 692 of each month. If payment is not received within said twenty (20) day period, interest shall accrue thereon 693 at the maximum interest rate permitted under California law, but not to exceed ten (10) percent per annum. 694 Any such fee shall have prospective effect only; provided, however, that should any adjustment be given 695 retroactive effect, the applicable Franchise Fee shall, in the Council's discretion, also be given such effect.

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696 4.04 Adjustments to Fees. City may set other fees or adjust the fees established in this Article 697 from time to time during the Term of this Agreement, and such adjustments and any Franchise Fee 698 adjustments shall be included in the adjustment of Maximum Rates as described in Exhibit 1. 699 4.05 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 700 without prior notice or demand and without abatement, deduction, offset, or credit in lawful money of the 701 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 702 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post703 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 704 receipt from the City by 5:00 p.m. Pacific Time (PT) on the due date. 705 4.06 Franchise Fee Disputes. In the event of any disputes between the Contractor and the City 706 with respect to the fees described in this Article, the City shall provide the Contractor with written objection 707 within one hundred eighty (180) days of the receipt of the written report described in Section 4.03, 708 encompassing the dispute amount. The City shall state its objections in writing with reference to the applicable 709 portion(s) of the report and its reasons then known for its dispute. The Parties agree to meet and confer 710 regarding any such dispute. Should agreement between City and Contractor on fees owed not be reached 711 within sixty (60) days of the City’s written objections, or other period as agreed upon by both parties, City and 712 Contractor agree to submit the fee dispute to binding arbitration as described in Article 31. 713 4.07 In the event any City-Imposed fee (hereinafter “CIF”) is determined by an arbitrator or court 714 to be excessive, invalid, or unenforceable, then: (i) Contractor shall not charge or collect the future portion of 715 such CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City 716 is required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter Contractor 717 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer 718 account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the 719 Customers are entitled to a reimbursement of such CIF, and City is required by a court to directly reimburse 720 Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying 721 the reimbursement amount attributable to each Customer account, and obtaining and providing to City any 722 other information needed to satisfy the obligations imposed by a court; and (iv) City and Contractor will, within 723 thirty (30) days following such arbitration or court decision, meet and confer to negotiate in good faith and 724 using reasonable efforts to attempt to agree on modifications to the Agreement. 725 Article 5. General Requirements
726 5.01 Service Standards. Contractor must perform all Solid Waste Collection under this 727 Agreement in a thorough and professional manner as described in Article 25, while meeting the minimum 728 performance and Diversion standards listed in Article 17, according to the Sustainability and Compliance Plan 729 (Exhibit 9) developed by the Contractor and approved by the City. 730 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 731 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 732 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 733 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of Agenda Item Number: 3
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734 labor, equipment, tools, facilities, or supervision will be provided or paid to Contractor by City or by any Service 735 Recipient except as expressly provided by this Agreement. 736 5.03 Holiday Service. Contractor is not required to provide Solid Waste Collection or maintain 737 office hours on New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day. In any 738 week in which one of these Holidays falls on a Workday, SFD Collection Service for the Holiday and each 739 Workday thereafter will be delayed one Workday for the remainder of the week, with normally scheduled 740 Friday SFD Collection Service being performed on Saturday. Commercial Collection Service will be adjusted 741 as set forth in 11.11, but must meet the minimum frequency requirements of one (1) time per week. Solid 742 Waste Collection will not take place on Sundays, unless previously authorized by the Agreement 743 Administrator. On all other Holidays observed by the City (Martin Luther King Jr. Day, Lincoln’s Birthday, 744 Washington’s Birthday, Cesar Chavez Day, Memorial Day, Juneteenth, Veterans Day, the Wednesday before 745 Thanksgiving, Christmas Eve Day, and New Year’s Eve Day), Contractor shall provide Solid Waste Collection 746 Service as scheduled, but Contractor is not required to maintain office hours. 747 5.04 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 748 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 749 inside or outside the City without advance notice to the Contractor. 750 5.05 Commingling of Materials.
751 5.05.1 SFD Materials Collected in Sebastopol. Contractor may not at any time commingle 752 any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor 753 inside or outside the City of Sebastopol without the express prior written authorization of the Agreement 754 Administrator.
755 5.05.2 Commercial Garbage Materials Collected in Sebastopol. Contractor may 756 commingle Commercial Garbage materials Collected pursuant to this Agreement with other materials 757 Collected outside the City of Sebastopol, provided that Contractor tracks the tonnage of Commercial material 758 Collected inside the City of Sebastopol separately using a City-approved allocation methodology. Changes 759 to the allocation methodology may only be made with the express prior written authorization of the 760 Agreement Administrator.
761 5.05.3 Recyclable Materials. Subject to Sections 10.09.2, 11.08.4, and 12.05.4, Contractor 762 may not at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this 763 Agreement with any other material type Collected by Contractor without the express prior written 764 authorization of the Agreement Administrator.
765 5.05.4 Organic Waste. Subject to Sections 10.10.3, 11.09.5, and 12.06.6, Contractor may 766 not at any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with 767 any other material type Collected by Contractor, without the express prior written authorization of the 768 Agreement Administrator.

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769 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 770 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 771 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 772 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 773 Recyclable Materials for Diversion.
774 5.06 Recyclable Materials and Organic Waste Contamination. Contractor must offer the Service 775 Recipients the correct combination of Cart and Bin sizes and Collection frequency beyond the minimum 776 bundled service requirements, as necessary, that matches their unique service needs to reduce 777 contamination of Recyclable Materials and Organic Waste, and to provide service at the least cost to Service 778 Recipient. To support City’s Diversion goals and Contractor’s Diversion Requirements as set forth in Article 779 8, Contractor is only required to Collect and process Recyclable Materials if they have been separated by the 780 Service Recipient from Garbage and Organic Waste and will only be required to Collect Organic Waste if it 781 has been Source Separated by the Service Recipient from Garbage and Recyclable Materials. 782 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide 783 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 784 Plan provided as Exhibit 9 and the Education and Outreach Plan provided as Exhibit 10. Additionally, 785 Contractor’s route Collection personnel will report to Contractor’s supervisors if they observe potential 786 contamination problems and/or insufficient Collection capacity. For purposes of determining if Recyclable 787 Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable 788 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by 789 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable 790 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated and 791 Contractor may take the following steps:
792 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 793 MFD, and SFD Service Recipients. An occurrence is defined as an event of contamination in one day, 794 meaning that two occurrences cannot occur on the same day. 795 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling 796 12-month period of contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), 797 Contractor must Collect the contaminated Container (as Solid Waste) and must affix to the contaminated 798 Container a Contamination Violation Notice which contains instructions on the proper procedures for sorting 799 Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, email, 800 or in person (which may be a Container tag that meets SB 1383 requirements), that for the third and 801 subsequent incidents of excess contamination, the Service Recipient may be charged a contamination fee 802 for the contaminated Container, and Contractor may increase the Collection Container size, or require an 803 additional Collection Container. Contractor’s representative must also contact the Service Recipient by 804 phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 1383 requirements) to 805 ensure that they have the appropriate level of service for proper Collection of Recyclable Materials and/or 806 Organic Waste. Contractor must also document the contamination issue and provide digital/visual 807 documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 808 contamination problems.

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809 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12- 810 month period of contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), 811 Contractor must Collect the contaminated Container (as Solid Waste) and must charge the Service Recipient 812 a contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or 813 Organic Waste Collection Service. Contractor must provide (or have provided) digital/photographic 814 documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 815 contamination problems and written Notices of contamination as described above. Contractor may increase 816 the Container size or Collection frequency and impose a contamination surcharge on the account for a period 817 of six months or until the Service Recipient has demonstrated no contamination for a period of three 818 consecutive months. Contractor must document contamination issue and surcharge and notify City within 819 five (5) Business Days if Contractor increases the Container size or Collection frequency for excessive 820 contamination or imposes the contamination surcharge on the account. City will consult with Contractor and 821 consider and pursue, as applicable, appropriate legal remedies against offending Service Recipients to 822 secure discontinuance of the contamination.
823 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 824 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 825 contamination occurrences are not active and consecutive. Where contamination is occurring, and 826 occurrences are consecutive and unremedied, their count shall continue across Calendar Years until remedy 827 occurs. In this case, once the Service Recipient has demonstrated no contamination for a period of three 828 consecutive months, the tracking calendar will reset. 829 5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 830 contamination charge (which must be within thirty (30) days of them being assessed), Contractor will 831 temporarily halt any contamination charge and/or increased Maximum Service Rate resulting from increasing 832 the Collection Container size, or Collection frequency, and Contractor may request a ruling by the City 833 Manager to resolve the dispute. During the pendency of any request, Contractor may restore Container size 834 or number, or Collection frequency to the prior levels. A request by Contractor to the City Manager to rule on 835 any such dispute must be filed within ten (10) Business Days of Contractor’s halting of contamination charge, 836 or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing 837 overall problems. The City Manager may request a meeting (in person or phone) with both the Service 838 Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the 839 dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between 840 Contractor and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, 841 Contractor will credit the disputed contamination charges or increased Maximum Service Rate. If the City 842 Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted contamination 843 charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or 844 Collection frequency and may follow the steps in Section 7.08 for collection of delinquent accounts. 845 5.10 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 846 correct combination of Collection Containers and Collection frequency that matches each Service Recipient’s 847 unique service needs to enable clean, efficient, and cost-effective Collection of Solid Waste, Recyclable 848 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in Agenda Item Number: 3
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849 the Service Recipient’s Solid Waste Collection Containers negatively impacts public health and safety. 850 Contractor has also agreed to conduct Recycling audits and provide outreach and support to Service 851 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 852 overflow their Solid Waste Collection Containers (i.e., lid will not close, and/or material not contained within 853 Container), Contractor may take the steps listed below to correct Service Recipient’s on-going overflow of 854 Solid Waste.
855 5.10.1 Prior Arrangements for Collection. If the Service Recipient has made prior 856 arrangements with Contractor for Collection of Solid Waste Overages, Contractor must Collect such 857 Overages as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior 858 arrangement) set forth in Exhibit 1.
859 5.10.2 No Prior Arrangements. If the Service Recipient has not made prior arrangements 860 with Contractor for Collection of Solid Waste Overage, (i) Contractor may Collect such Solid Waste Overage 861 at no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 862 Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor 863 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste 864 Overage fee (no prior arrangement) set forth in Exhibit 1 as provided below, or increase the capacity or 865 frequency of Collection of the existing Collection Container(s) to match documented service needs as 866 provided below. In managing Solid Waste Overages, the following apply:
867 5.10.2.1 SFD Service Recipients – Each Occurrence. For each occurrence 868 Contractor will not Collect the Solid Waste Overage because the Collection Container could not be serviced 869 by normal operating procedures or cause spillage upon servicing, Contractor must provide written notice 870 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the 871 date, description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for SFD 872 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 873 request an additional Collection Container to eliminate future Overages. For each occurrence Contractor 874 charges a Service Recipient the Solid Waste Overage fee (no prior arrangement) set forth in Exhibit 1, 875 Contractor will document the physical condition of the Collection Container and associated Overage with 876 one or more photographs and retain this documentation for the period of at least one year. 877 5.10.2.2 Commercial and MFD Service Recipients – Each Occurrence. 878 Contractor must provide a written notice on the Container and may provide a copy of the notice via email, 879 U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, 880 description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for MFD 881 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 882 request an additional Collection Container to eliminate future Overage. Contractor may Collect the Solid 883 Waste Overage and may charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1 884 and increase the capacity or Collection frequency of the Collection Container to match documented service 885 needs. At least ten (10) Business Days prior to increasing the Collection Container size or frequency of 886 Collection, Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, 887 or in person (which may be by Non-Collection Notice) to ensure that Service Recipient has the appropriate 888 level of service. Contractor must document Overage issue and notify City within ten (10) Business Days of Agenda Item Number: 3
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889 any changes in Service Recipient’s Collection Container size or Collection frequency. The increased 890 capacity or Collection frequency will remain in effect until Contractor determines that it is no longer needed 891 to prevent Overages, which may be longer than the one Calendar Year stated above. Such determination 892 will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure 893 set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending 894 Service Recipients in order to secure discontinuance of the Overages. 895 5.10.2.3 Tracking Occurrences of Solid Waste Overage. Regarding 896 Section 5.10, after twelve (12) months have passed from the last applicable Solid Waste Overage 897 occurrence, the next Solid Waste Overage occurrence will be deemed a first Solid Waste Overage 898 occurrence.
899 5.10.3 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid 900 Waste Overage charge or Container size or Collection frequency change within 30 days of the disputed 901 action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service 902 Rate resulting from increasing the Collection Container size or Collection frequency, and Contractor may 903 request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor 904 may restore Container size or number, or Collection frequency, to the prior levels. A request by Contractor 905 to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s 906 halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written 907 documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a 908 meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following 909 such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the City 910 Manager’s decision on resolving the dispute between Contractor and Service Recipient will be final. If the 911 City Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased 912 Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service 913 Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting 914 from increasing the Solid Waste Collection Container size or Collection frequency and may follow the steps 915 in Section 7.08 for collection of delinquent accounts. 916 5.10.4 Notifying City of Habitual Overflow. Contractor shall notify the City regarding 917 Commercial and MFD Customers that habitually overflow their Containers, where habitual overflow is 918 defined as three (3) or more instances per Quarter, so that the City can take appropriate action with such 919 Customers to secure discontinuance of the Overages. 920 5.11 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 921 Residential Waste, Commercial Solid Waste, Recyclable Materials, and Organic Waste will pass to Contractor 922 at such time as said materials are set out for Collection. 923 5.12 Spillage and Litter. Contractor may not litter Premises in the process of providing Solid 924 Waste Collection or while its vehicles are on the road. Contractor must transport all materials Collected under 925 the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 926 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Solid Waste 927 Collection so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable Agenda Item Number: 3
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928 Materials, or Organic Materials, and must immediately, at the time of occurrence, clean up such spilled or 929 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 930 5.12.1 Contractor is not responsible for cleaning up sanitary conditions caused by the 931 carelessness of the Service Recipient; however, Contractor must clean up any material or residue that is 932 spilled or scattered by Contractor or its employees, or from Overage. 933 5.12.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 934 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 935 and removed from the street surface. Contractor must document spillage and notify City’s stormwater 936 compliance coordinator within ninety (90) minutes of any spills resulting from Contractor’s operations or 937 equipment. When necessary, Contractor must apply a suitable cleaning agent and cleaning technique to the 938 street surface to provide adequate cleaning as approved by the City’s stormwater compliance coordinator to 939 be compliant with the City’s stormwater permit.
940 5.12.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 941 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 942 Contractor must engage a third-party environmental clean-up specialist to remove any equipment oil, 943 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. 944 If clean-up is not conducted to the satisfaction of City, City has the right to engage environmental clean-up 945 specialist to perform additional clean-up work at the expense of Contractor. In the event of Contractor’s spill 946 or release of a Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, 947 County, or local governmental agency having jurisdiction over same as may be required under federal, State, 948 County or local law or regulation.
949 5.12.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 950 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 951 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 952 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 953 satisfactory to the City and at no cost to the City. 954 5.12.5 To facilitate immediate clean-up, Contractor’s vehicles must always carry enough 955 petroleum absorbent materials, along with a broom and shovel. 956 5.13 SB 1383 Universal Roll-Out. Contractor shall provide Organic Materials Collection service 957 to all of its Customers within City who are subscribed to and pay for Solid Waste Collection service, unless 958 (i) the Customer is categorically exempted under City’s Municipal Code from the requirement to subscribe for 959 Organic Materials Collection service, (ii) the Customer qualifies for and is granted a State- or City-issued 960 waiver, or (iii) the Customer refuses Organic Waste service. Contractor will work with Customers to 961 appropriately size Collection Containers such that source-separation of all materials is possible without any 962 overflow of material, and if any disputes arise or Overages occur, the City will make the final determination 963 on proper Container size.

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964 5.14 Regulations and Record Keeping. Contractor must comply with emergency notification 965 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 966 must be maintained at Contractor’s offices. These records must include waste manifests, waste inventories, 967 waste characterization records, inspection records, incident reports, and training records. 968 5.15 Response Times for City Requests. Upon receiving a data request or information request 969 from City that is not covered by other timeline requirements articulated in this document, and provided that 970 the request from City shall not take more than eight (8) hours of Contractor staff time to complete, Contractor 971 shall compile the requested information and send back a complete response within five (5) Business Days of 972 receipt of the request.
973 Article 6. Collection Service Rates
974 6.01 Collection Service Rates. Collection Service Rates effective July 1, 2025, shall not exceed 975 the Maximum Service Rates listed in Exhibit 1. Contractor shall not charge any Service Recipient an amount 976 that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be adjusted as 977 provided in this Agreement.
978 6.02 Low-Income Discount as Contractor’s Good Will. In exchange for the good will of the City 979 and the general public, Contractor voluntarily agrees to discount the rate it charges for Solid Waste Collection 980 provided to eligible Service Recipients (the “Discount”) and that the Discount shall neither impact the 981 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. Contractor 982 shall make the Discount available to any person who demonstrates through appropriate documentation that 983 they are: (i) a person of low, lower, or extremely low income, as demonstrated by enrollment in a discounted 984 utility program; and (ii) the service account holder; and (iii) the head of household and occupant at the Service 985 Unit address. Within thirty (30) days of the Commencement Date, Contractor shall provide educational 986 materials describing and explaining the availability and how to qualify for and receive the Discount to all 987 persons in the City currently subscribed to a discount rate program. Contractor shall thereafter advertise the 988 availability of the Discounted services on its website throughout the Term of this Agreement and at least once 989 per year by direct notice to all SFD Service Recipients. 990 6.03 Adjustments to Maximum Service Rates using a Refuse Rate Index. Beginning on July 1, 991 2026, and annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, 992 receive an annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement. This 993 adjustment will be calculated through the use of a Refuse Rate Index (RRI). 994 6.03.1 RRI Adjustment. Beginning on July 1, 2026, and annually thereafter during the term 995 of this Agreement, the Maximum Service Rates set forth in Section 6.01 above shall be adjusted by the RRI 996 adjustment set forth below. In any year that the calculation of the RRI results in a negative number, there 997 shall be no adjustment of the Maximum Service Rates. Instead, the RRI number shall be the result of the 998 cumulative change in the RRI for the two year period prior and shall be the RRI adjustment for that 999 subsequent year.

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1000 6.03.2 The RRI adjustment shall be the sum of the weighted percentage change in the 1001 Annual Average of each RRI index number between the base fiscal year, which shall be the prior preceding 1002 calendar year ending December 31st and the preceding fiscal year ending December 31st as contained in 1003 the most recent release of the source documents listed in Exhibit 14. Therefore, the first adjustment to the 1004 Maximum Service Rates will be based on the percentage changes between the Annual Average of the RRI 1005 indices for the calendar year ended December 31, 2024, and the Annual Average of the RRI indices for the 1006 calendar year ended December 31, 2025. The RRI shall be calculated using the RRI methodology included 1007 in Exhibit 14.
1008 6.04 Rate Adjustment Period. By July 1st, 2026, and annually thereafter during the remaining 1009 term of the contract, the Contractor shall notify City of the RRI adjustments to the Maximum Service Rates. 1010 Rate adjustments will be effective July 1st of each year and shall be reflected in the next billing cycle. Any 1011 increase to rates shall be prorated over the course of the billing year in such a manner to recover any 1012 incremental loss in revenue due to the billing cycle. 1013 6.05 CPI Adjustment Calculation. Beginning on July 1, 2026, and for subsequent years 1014 thereafter, various dollar amounts stipulated in this Agreement shall be adjusted based on one hundred 1015 percent (100%) of the average change in the CPI for the 12-month period from January to December. 1016 Therefore, the first of these adjustments, effective July 1, 2026, will be based on the percentage change in 1017 CPI for the average CPI value from January 1, 2025, through December 31, 2025, compared to the average 1018 CPI value from January 1, 2024, through December 31, 2024, rounded to the nearest hundredth of a percent. 1019 The index to be used shall be the series CUSR0000SEHG, Water and Sewer and Garbage Collection 1020 Services in U.S. city average, all urban consumers, seasonally adjusted. 1021 6.06 Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation of the 1022 RRI exceeds five percent (5%), the total adjustment for that year will equal five percent (5%) and there will 1023 be no rollover amount added to the rate adjustment percentage in the following year, or any subsequent year. 1024 If the RRI is negative (after accounting for any applicable rollover percentages from prior years), there will be 1025 no RRI adjustment for that year.
1026 6.07 Rounding. Adjustments to the overall Maximum Service Rates shall be made only in units 1027 of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 1028 All RRI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1029 6.08 Maximum Service Rate Adjustment Report. On or before March 1 of each year of the Term, 1030 Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates for the 1031 subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be in a format as may be 1032 mutually agreed on between the City and Contractor and must contain or be accompanied by Contractor’s 1033 adjustment calculations for the specific services performed under this Agreement during the preceding 1034 Agreement Year in Microsoft Excel or another electronic format acceptable to the City. Contractor shall be 1035 solely responsible for the cost of preparing the Adjustment Report.

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1036 6.08.1 Corrections. In the event the City determines the Adjustment Report contains 1037 substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report to the City. A 1038 corrected report submitted after March 1 shall be treated as a late report. 1039 6.08.2 Late Report. If Contractor fails to submit the Adjustment Report by March 1, the City 1040 may: (1) accept and consider the late Adjustment Report if the City, in its sole and reasonable discretion, 1041 deems there is sufficient time to review and approve the proposed adjustment in time for it to be implemented 1042 on July 1; or (2) accept and consider the late Adjustment Report at its earliest convenience, in which case 1043 any approved rate adjustment shall only go into effect prospectively thirty (30) days after the City’s approval. 1044 In no event shall Contractor apply any rate adjustment retroactively. 1045 6.08.3 No Report. If Contractor fails to provide any Adjustment Report, the Maximum 1046 Service Rate shall remain unchanged for the next calendar year. 1047 6.09 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1048 notify Contractor on or before June 1 whether the City has approved the requested adjustments to the 1049 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1050 requested rate adjustment of more than five percent (5%), which shall only be permitted pursuant to Section 1051 6.11 (Extraordinary Adjustments) below. The City Manager may approve all other requests or refer them to 1052 the City Council at his or her discretion.
1053 6.10 Contractor Payment for RRI review. Contractor shall be responsible for paying the City’s 1054 cost of reviewing the annual RRI adjustment in the amount of Fifteen Thousand ($15,000) per year. If the 1055 City determines that Contractor has made substantial errors and has not properly submitted or correctly 1056 calculated the RRI adjustment, the City may add additional costs up to Fifteen Thousand ($15,000) to 1057 conduct a second review and analysis. These payment amounts shall increase annually by the CPI 1058 Adjustment Calculation in Section 6.05.
1059 6.11 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 1060 extraordinary events, including Change in Law, which, although they do not prevent either party from 1061 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1062 providing services above the Maximum Service Rate Adjustment articulated in Section 6.03. The obligation 1063 of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in 1064 rates. Accordingly, at its option, Contractor may apply to the City not more frequently than once every three 1065 calendar years, for an extraordinary rate adjustment should an event or circumstance arise which negatively 1066 impacts the economic operation of Contractor and which is in excess of the rate adjustment resulting from 1067 the application of Section 6.03. An extraordinary adjustment in rates will be deemed justified if it is necessary 1068 for the Contractor to make a substantial change in its operations, or substantial capital expenditure or 1069 investment to perform its obligations under this Agreement due to the occurrence of an event or circumstance 1070 which is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective 1071 after approval by the City Council.
1072 6.11.1 Contractor’s Burden. In the event of such an application for an extraordinary rate 1073 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable Agenda Item Number: 3
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1074 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1075 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1076 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1077 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1078 solely responsible for the cost of providing such additional information. Contractor shall allow City to review 1079 a report of its annual revenues and expenses for the services provided in the City. City shall have the right 1080 to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment 1081 request. With respect to any financial statements or any other information Contractor specifically designates 1082 as non-public information (“Confidential Information”), City agrees that, except as otherwise set forth in this 1083 Section: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1084 Confidential Information within its own organization and to its agents or representatives who need to know 1085 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1086 to any third party without the prior written consent of the Contractor; (d) it will not copy or reproduce any 1087 written or electronically stored Confidential Information without the prior written approval of the Contractor; 1088 and (e) it will not use Confidential Information except as required for consideration of the request. City may 1089 consider increases or decreases in Contractor’s total revenues and total cost of services when reviewing an 1090 extraordinary rate adjustment request.
1091 6.11.2 Review Costs. At the time of its request, Contractor shall also submit a payment to 1092 the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request for an 1093 extraordinary rate increase. In the event the City’s reasonable costs exceed that amount, Contractor shall 1094 reimburse the City for any documented amount in excess. This payment amount shall increase annually by 1095 the CPI Adjustment Calculation in Section 6.05.
1096 6.11.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1097 request and to negotiate in good faith regarding the appropriateness of the requested adjustment. 1098 6.11.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1099 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1100 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1101 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1102 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1103 Except as provided herein, any such change approved by the City shall not be implemented until July 1 of 1104 the next Rate Year unless a different timeframe is approved by the City Council. 1105 6.12 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1106 operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the 1107 Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within 1108 thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to 1109 request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1110 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1111 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1112 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1113 hundred and eighty (180) days after written notice to the other.

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1114 Article 7. Collection Service Billing
1115 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1116 responsible for the billing and collecting of payments for the Solid Waste Collection Service it provides within 1117 the Service Area.
1118 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or email, to 1119 each Service Recipient in advance of all services provided by Contractor under this Agreement. Contractor 1120 shall include an online payment option for all Customers regardless of invoice format. If sent by mail, invoices 1121 for each billing period shall be placed in a separate envelope accompanied by a self-addressed return 1122 envelope. All invoices shall include Contractor’s email address, include directions for payment by payment 1123 by check, credit card, or Automated Clearing House (ACH) debit, and shall include or be accompanied by a 1124 complete billing statement showing all charges and all services provided. Contractor’s online billing portal 1125 shall include clear instructions for how to contact the Contractor if the Service Recipient has questions about 1126 an invoice. City shall have the right to direct Contractor to revise the format of all invoices and billing 1127 statements upon reasonable notice to Contractor.
1128 7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the 1129 first day of the service period of Collections Service covered by the invoice. Contractor shall invoice Service 1130 Recipients once every month for Commercial Service Units and MFD Service Units and once every Quarter 1131 for SFD Service Units. SFD Service Units may opt to receive monthly invoices rather than quarterly invoices 1132 with no penalty. No invoice shall be due and payable sooner than the last day of the respective month or 1133 Quarter for which Solid Waste Collection is provided. 1134 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1135 Contractor’s Service Area, Contractor shall pro-rate billing to the Service Recipient on a weekly basis, with 1136 one week being equal to one-fourth of the applicable Maximum Service Rate found in Exhibit 1 multiplied by 1137 the number of weeks of service provided by Contractor. 1138 7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1139 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment. 1140 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200) or the amount of 1141 Service Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account 1142 prior to the end of the billing period.
1143 7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1144 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis. 1145 7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1146 provision of this Article, Contractor reserves its right to, and may take such action as is legally available to 1147 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1148 shall never discontinue Solid Waste Collection to any Service Unit. Contractor may send a written notice to 1149 Service Recipient regarding payments of Billings during the billed service period.

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1150 7.08 Collection of Past Due Accounts.
1151 7.08.1 Contractor shall be responsible for collection of payment from Customers with past1152 due accounts (“bad debt”). Contractor shall utilize the following Collection procedures for past due accounts:
1153 a) Each past due account will receive at least one phone attempt between ninety 1154 (90) and one hundred twenty (120) days past due.
1155 b) Each account with a one hundred twenty (120) day past due balance will be 1156 sent a letter advising they are past due and requiring payment within thirty (30) 1157 days.
1158 c) A second phone attempt will be made after mailing the one hundred twenty 1159 (120) day notice.
1160 d) Twenty-three (23) days later, all accounts that still have a one hundred twenty 1161 (120) day past due balance will be sent a letter advising they are past due and 1162 requiring payment within seven (7) days. A final phone attempt will be made 1163 on each past due account.
1164 e) At one hundred fifty (150) days, past due accounts will have received a 1165 minimum of three (3) phone attempts and two (2) letters. At this time, service 1166 to these accounts shall be stopped and the City notified of all stopped 1167 accounts.
1168 f) Prior to stopping service, a manual check of each account will be performed 1169 to ensure there are no: (i) other active accounts at that address, (ii) active 1170 payment plans or arrangements, and/or (iii) accounting or billing errors. This 1171 process shall be repeated monthly. If there has been no successful contact or 1172 resolution, the account may be flagged for transfer to an outside collection 1173 agency.
1174 g) In the case that the Customer is a different Person or entity than the property 1175 owner, all communications enumerated above shall be issued to both the 1176 Customer and the property owner.
1177 7.09 Billing Accounts After Missed Collections.
1178 7.09.1 In the event of a missed Collection, wherein Containers were properly set out in a 1179 timely manner and wherein the Contractor was unable resolve the complaint by the end of the following 1180 Workday, Contractor shall credit the account of the Customer that experienced the missed Collection by a 1181 prorated amount for that missed Service on a weekly basis, with one week being equal to one-fourth of the 1182 applicable monthly Service Rate Charges found in Exhibit 1 multiplied by the number of weeks of Service 1183 missed by Contractor.

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