12/31/2024 Page 75 of 175
2602 (c) The potential end uses of Compost depending on the material’s quality and levels of 2603 Contamination.
2604 Contractor shall distribute these educational materials annually to all Service Units/Customers, including all 2605 MFD residents, provided that City provides Contractor with a list of contact information for these residents. 2606 20.03 School Education and Outreach. Contractor shall develop and utilize a program to educate 2607 on proper Recycling that offers tools to assist with proper Recycling for all ages. Educational information 2608 should include brochures, school resources such as Recycling curriculums, children’s activity flyers, posters, 2609 myth busters, and Recycling art activities. Contractor shall develop and distribute educational material and 2610 conduct onsite outreach annually to all school campuses in the Service Area. Materials must be approved by 2611 City before distribution. Examples include Recyclable Materials list, Recycling tips, battery and bulb 2612 education, Food Waste Collection, and donation, and HHW education. Educational material shall be distributed to campuses by mail and/or in person on or before September 30th 2613 annually, and site visits must be completed by November 30th 2614 annually.
2615 20.04 Compliance Notices. Contractor shall send SB 1383, AB 341, and AB 1826 compliance 2616 notices quarterly to all eligible Commercial entities and MFDs that do not subscribe to Organic Waste and/or 2617 Recyclable Materials Collection Service with the Contractor and/or do not provide an alternate method for 2618 Diverting Organic Waste, in conformance with Applicable Law. These notices shall also notify businesses of 2619 requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the month 2620 following the end of the quarter.
2621 20.05 Technical Assistance.
2622 20.05.1 Site Visits. Contractor shall provide comprehensive Recycling technical assistance 2623 to MFD and Commercial Customers with the primary purpose of helping Customers increase Recyclable 2624 Materials and Organic Waste Collection services and reducing Solid Waste Collection service. MFD and 2625 Commercial Customers may contact Contractor to request one of these on-site assessments. In the absence 2626 of requests from Customers, Contractor shall devise a plan to visit all MFD and Commercial Premises on a 2627 regular rotating schedule. The technical assistance services shall conform with the following performance 2628 expectations per month:
Task Minimum Number of related actions taken
Phone Calls 20
In-Person Site Visits (i.e., Customer contact) 40
2629 Site visits shall include on-site assessments of the MFD and Commercial Premises to improve Recyclable 2630 Materials and Organic Waste Collection program participation and provide recommendations to Customers 2631 on how to improve overall resource efficiency. During the site visits, Contractor will be required to provide 2632 and/or restock posters, “how to” guides, personal Recyclable Materials baskets/bags for MFD tenants, and 2633 any other appropriate materials, and to provide new signage for the Recyclable Materials and Organic Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 76 of 175
2634 Waste Containers if necessary. This program shall also involve preparation and presentation of reports to 2635 the City on the Contractor’s efforts and results of the technical assistance efforts. 2636 20.05.2 Compliance Reviews.
2637 20.05.2.1 General Requirement. At least once annually, beginning in 2025, 2638 Contractor shall review the records of its Commercial and MFD Customers in City that are subscribed for 2639 at least two (2) cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, 2640 to determine whether such Customers are subscribed for Organic Materials Collection service or have an 2641 applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly 2642 scheduled report to City.
2643 20.05.2.2 Site Visit Requirement for Non-Compliance. Contractor shall 2644 conduct a site visit to each Commercial and MFD Customer in City that is determined to (a) not be enrolled 2645 in 3-Container Collection service, and (b) not be eligible for a waiver based on the City determination. 2646 Contractor shall conduct in-person site visits (i.e., direct Customer contact) to provide educational material 2647 about the law’s requirements to Commercial and MFD Customers at least once every three (3) years. 2648 20.05.2.3 Site Visit Requirement for All Customers. All Commercial and 2649 MFD Customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and 2650 sizing of Containers at least once every five (5) years. 2651 20.06 Education and Outreach Materials. Contractor must implement public education and 2652 outreach in conformance with Applicable Law and in coordination with City. Contractor shall attend public 2653 events and host booths to promote Recycling education and awareness. Contractor will work with City to 2654 identify which special events will be attended. Contractor, together with City, shall work with local media to 2655 ensure information on new programs, events, Recyclable Materials, Organic Waste, etc., is communicated to 2656 the community. Contractor shall use a variety of options, such as local paper, news, websites, and social 2657 media, as well as in-person visits to Homeowners Associations, schools, and civic groups, to distribute 2658 information and education about City Solid Waste and Recyclable Materials programs and events. In terms 2659 of social media and websites, Contractor shall make their best effort to share information through platforms 2660 that are commonly used and culturally relevant, including platforms that are known to reach younger 2661 populations. City may direct some or all educational and outreach materials to also be produced in Spanish 2662 or other languages to be determined.
2663 20.06.1 Newsletters. Contractor shall distribute educational material to Service Recipients 2664 a minimum of twice per year by mail or electronically. These materials should include tips on Recycling 2665 properly, use of Organic Waste Containers, Composting, battery and electronics education, prevention of 2666 Contamination issues, proper Collection Container placement, resource information, and HHW education. 2667 Contractor shall also distribute these same educational materials to all MFD residents, provided that City 2668 provides Contractor with a list of contact information for these residents.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 77 of 175
2669 20.06.2 Available Services Notice and Information. At least annually, Contractor must 2670 publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of 2671 services offered. The notice must be provided in English and Spanish and must be distributed by Contractor 2672 no later than February 1st of each year. The notice must contain, at a minimum: (i) definitions of the materials 2673 to be Collected; (ii) procedures for setting out materials; (iii) the days when Garbage, Recyclable Materials, 2674 and Organic Waste Service will be provided; (iv) Contractor’s local customer service phone number; (v) 2675 instructions on the proper filling of Containers; (vi) instructions as to what materials may or may not be placed 2676 in Recyclable Materials or Organic Waste Containers; (vii) how to select Container sizes to maximize 2677 Diversion; (viii) information about participation in Recyclable Materials and Organic Waste programs; (ix) the 2678 fees for Overage and Contamination in the event of non-compliance; (x) the availability of on-premises 2679 Collection Service, including the availability of no-charge on-premises Solid Waste Collection for qualified 2680 persons; (xi) the availability of Bulky Waste Service; (xii) the availability of the used motor oil Collection 2681 program; (xiii) the availability of the holiday tree collection program; and (xiv) the availability of the household 2682 alkaline battery drop-off program.
2683 20.06.3 New Customer Start-Up Packet. Contractor shall distribute (by mail or 2684 electronically) all programmatic information enumerated in Sections 20.02.3 and 20.06.3 to all new 2685 Customers within ten (10) days from the start of service. 2686 20.06.4 Contractor shall provide the following to all its Customers, including all MFD 2687 residents, under the Agreement annually, provided that City provides Contractor with a list of contact 2688 information for these residents.
2689 (i) Information on the Customer’s requirements to properly separate materials in 2690 appropriate Containers.
2691 (ii) Information on methods for: the prevention of Organic Materials generation, Recycling 2692 Organic Materials on-site, sending Organic Materials to community Composting, and 2693 any other local requirements regarding Organic Materials. 2694 (iii) Information regarding the methane reduction benefits of reducing the landfill Disposal 2695 of Organic Materials, and the methods of Organic Materials recovery contemplated by 2696 the Agreement.
2697 (iv) Information regarding how to recover Organic Materials. 2698 (v) Information related to the public health and safety and environmental impacts 2699 associated with the landfill Disposal of Organic Materials. 2700 (vi) The above information will be provided, at a minimum, through print and/or electronic 2701 media, and may also be provided through workshops, meetings, and/or on-site visits.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 78 of 175
2702 All information that SB 1383 requires the City to distribute shall be posted on 2703 Contractor’s website.
2704 (vii) Contractor shall provide an educational webpage which includes downloadable copies 2705 of all the materials described in this Section.
2706 20.06.5 City-Specific Website. Contractor shall maintain a City-specific website that fully 2707 explains the Contractor’s current services and rates and the Diversion options available, and that allows 2708 Service Recipients to submit service changes, inquiries, complaints, or queries. The website must describe 2709 and promote the use of the available Recyclable Materials and Organic Waste services. Contractor’s local 2710 website must provide information specific to the City’s programs. Contractor will ensure that information 2711 provided on the website is maintained and up to date. Content will include proper Container set out 2712 instructions, educational materials, newsletters, and program descriptions. Website content shall be in 2713 English with translations into Spanish and/or other languages to be determined. 2714 20.06.6 Recycling Resources. Contractor shall maintain accurate list of Recyclable 2715 Materials on its website and promote proper Recycling to all Service Recipients. Contractor shall consult, 2716 collaborate, and coordinate its Recycling outreach and educational materials and activities with the City and 2717 incorporate the City’s input on the Contractor’s Recycling resources and programs. 2718 20.07 Waiver Outreach, Applications, and Evaluation. 2719 20.07.1 Waiver Outreach. Contractor shall notify all of its commercial accounts of the 2720 availability of waivers and how to obtain and file a waiver periodically, or at least every five (5) years. 2721 20.07.2 Waiver Applications and Evaluation. In the event that such a service is no longer 2722 provided by the Sonoma County Waste Management Agency, and subject to the terms and conditions of 2723 Section 30.01, Contractor shall be responsible for the distribution, collection, and evaluation of waiver 2724 applications as appropriate, and shall provide the City a recommendation to accept or deny waiver requests 2725 in accordance with SB 1383. Contractor shall develop waiver application forms and shall provide them to 2726 City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from the Act’s 2727 requirements on the basis of physical space or de minimis generation and provide the City periodic 2728 recommendations and supporting documentation to deny or approve waivers, including a site visit and re2729 evaluation at least every five (5) years as required by the SB 1383 Regulations. 2730 20.08 News Media Relations. Contractor will work with local media to ensure information is 2731 communicated to community (new programs, events, Recycling information, etc.). Contractor to use options 2732 such as local Newspaper, Radio/TV News outlets, Websites, and Social Media. Contractor will notify the 2733 Agreement Administrator by email or phone of all requests for news media interviews related to the services 2734 covered under this Collection Agreement within one (1) Workday of Contractor’s receipt of the request. When 2735 practicable, before responding to any inquiries involving controversial issues or any issues likely to affect Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 79 of 175
2736 participation or Customer’s perception of services, Contractor will discuss Contractor’s proposed response 2737 with the City Agreement Administrator.
2738 20.09 News Media Requests. Contractor will notify the Agreement Administrator by email or 2739 phone of all requests for news media interviews related to the services covered under this Agreement within 2740 one (1) Workday of Contractor’s receipt of the request. When practicable, before responding to any inquiries 2741 involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of 2742 services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator. 2743 20.09.1 Copies of draft news releases or proposed trade journal articles that use the name 2744 of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for 2745 prior review and approval at least five (5) working days in advance of release, except where Contractor is 2746 required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in 2747 which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to such 2748 regulatory agency.
2749 20.09.2 Copies of articles resulting from media interviews or news releases that use the 2750 name of City or relate to the services provided hereunder must be provided to the City within five (5) days 2751 after publication.
2752 20.10 Acceptable Materials Labeling. Contractor must affix to each Recyclable Materials and 2753 Organic Waste Collection Container a sticker that is compliant with SB 1383 labeling requirements and 2754 approved by the City. Each sticker shall clearly list Acceptable materials to be placed in the corresponding 2755 Container, and each sticker shall also include a QR code that links to the Recycling education landing page 2756 within the Contractor’s City-specific website for the City. Stickers must be replaced annually and include any 2757 updates in the list of Acceptable materials (Exhibit 11). 2758 20.11 Edible Food Recovery Support. In the event that such a service is no longer provided by 2759 the Sonoma County Waste Management Agency, and subject to the terms and conditions of Section 30.01, 2760 Contractor shall annually provide City with a list of Tier One and Tier Two Commercial Edible Food Generators 2761 located in the City. Upon request from Contractor, City shall use reasonable efforts without incurring 2762 significant additional costs to cooperate and consider methods for collecting information from Customers and 2763 sharing such information with Contractor in an effort to assist Contractor with identifying the Tier One and 2764 Tier Two commercial Edible Food generators within the City. 2765 20.12 Programs and Services. Contractor must provide additional educational and outreach 2766 services and programs as requested by City at a price to be mutually agreed upon between the Contractor 2767 and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a 2768 mutually agreed upon price for the requested service or program, City has the right to procure the service of 2769 other vendors or contractors to provide the requested service.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 80 of 175
2770 20.13 Operations Plans. Contractor must adhere to the Transition Plan included as Exhibit 4, 2771 Customer Service Plan included as Exhibit 6, and Collection Service Operations Plan included as Exhibit 7, 2772 the three of which present the specific Collection programs that will be implemented in the City. 2773 20.14 Route Audits/Route Reviews.
2774 20.14.1 General Requirement. At least once annually, beginning in 2025, Contractor or its 2775 approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to 2776 review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided 2777 service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 2778 accounts, 4 days per week, for a total of 1,000 accounts per week; include a minimum of 25 accounts for 2779 Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the 2780 following minimum number of Containers but may inspect more if Contractor deems necessary; and shall 2781 inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste 2782 Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing 2783 the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select 2784 the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited 2785 under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually 2786 inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its 2787 next regularly scheduled report to City.
2788
Route Size (# garbage accounts /
week)
Minimum Number of Accounts
Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
2789 20.14.2 Notice of Contamination. Contamination noticing will follow the procedures 2790 described in Section 5.07.
2791 Article 21. Emergency Service
2792 21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, 2793 flood, tornado, other natural or man-made disaster, or other such emergency event (collectively “Emergency 2794 Event), Contractor will continue to provide Solid Waste Collection to the maximum extent practicable, and in 2795 accordance with FEMA’s Public Assistance Debris Management Guide (FEMA-325). The Agreement 2796 Administrator may grant the Contractor a variance from regular routes and schedules, which will not be 2797 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor must advise the 2798 Agreement Administrator when it is anticipated that normal routes and schedules can be resumed. The 2799 Agreement Administrator will try through the local news media to inform the public when regular services may Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 81 of 175
2800 be resumed. The clean-up from some Emergency Events may require that Contractor hire additional 2801 equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris 2802 resulting from the event. If Contractor secures written authorization and approval from City through the 2803 Agreement Administrator, Contractor will receive additional compensation above the normal compensation 2804 contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours, and 2805 other documented expenses based on the rates set forth in Exhibit 1. City will be given equal priority and 2806 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 2807 21.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall 2808 prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service 2809 and Collection of debris following an Emergency Event and provide a framework for how the City will respond, 2810 clear, remove, and dispose of debris generated during a disaster. The Emergency Event plan shall address 2811 arrangements to provide needed vehicles and personnel, priorities for clean-up at critical facilities, and 2812 procedures for reimbursement for costs; it shall also describe communication plans, list key contact persons, 2813 and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the 2814 landfill. Contractor shall coordinate the plan with City’s Public Works Department. The draft plan shall be 2815 presented to the City Manager for consideration and approval. The final plan shall be distributed to those 2816 employees of Contractor and City who would have a role in implementing upon the occurrence of an 2817 Emergency Event.
2818 21.03 Emergency Event Recovery Support. In the event of an Emergency Event, Contractor 2819 agrees to provide recovery support upon request by Agreement Administrator. This may include additional 2820 hauling of debris, special handling such as wrapping waste in plastic (i.e., “burrito wrapping”), temporary 2821 storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and 2822 documentation of debris type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2823 Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) 2824 and any subsequent County or City Disaster Debris Plans, as applied to Solid Waste hauling and handling. 2825 Article 22. Record Keeping, Reporting Requirements, & Record Requests 2826 22.01 Record Keeping.
2827 22.01.1 Accounting Records. Contractor shall keep and preserve full, complete, accurate, 2828 and separate financial, statistical, and accounting records pertaining to cash, billing, and provisions of all 2829 Collection Service, prepared on an accrual basis in accordance with generally accepted accounting 2830 principles. Such records will be subject to audit, copy, and inspection for the purposes set forth in Section 2831 17.01. Gross Revenues derived from provision of the Collection Service, whether such services are 2832 performed by Contractor or by a Subcontractor or Subcontractors, will be recorded as revenues in the 2833 accounts of Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for 2834 a period of not less than four (4) years following expiration or other termination hereof, full, complete, and 2835 accurate records, including all cash, billing, and disposal records, as indicated in the Agreement.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 82 of 175
2836 22.01.1.1 Reviewed Financial Statements. City reserves the right to request 2837 Contractor to make available, not more frequently than annually, financial statements that have been most 2838 recently reviewed by an independent Certified Public Accountant, including any associated footnotes. 2839 Contractor shall make the reviewed financial statements available for viewing at their place of business or 2840 via an electronic portal. In the event that Contractor does not maintain separate financial or accounting 2841 records prepared specifically for services provided under this Agreement, Contractor may use industry 2842 standard allocation methods to provide financial information as applicable to the service provided under 2843 this Agreement. Failure of Contractor to make available requested financial statements to City within fifteen 2844 (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified 2845 in Exhibit 5. City reserves the right to have a third party view these financial statements and draft findings 2846 as appropriate. In each case that City enlists a third party to review the financial statements and draw up 2847 findings, Contractor shall, upon request, reimburse the City up to ten thousand dollars ($10,000) to defray 2848 the cost of this review. This payment amount shall increase annually by the CPI Adjustment Calculation in 2849 Section 6.05. Costs associated with this Section would be considered allowable costs for rate-setting 2850 purposes.
2851 22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities 2852 of (i) Residential, MFD, and Commercial Solid Waste Collected and Disposed under the terms of this 2853 Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated, or given for 2854 no compensation under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, 2855 processed, sold, donated, or given for no compensation under the terms of this Agreement. Records must 2856 be provided to City as specified in Article 20, and upon additional request. 2857 22.01.3 Other Records. Contractor must maintain all other records reasonably related to 2858 provision of Collection Service, whether or not specified in this Agreement, and provide them upon City 2859 request. Failure of Contractor to submit requested records to City within fifteen (15) Workdays of a request 2860 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2861 22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required in the 2862 timelines required, or the inclusion of any materially false or misleading statement or representation made 2863 knowingly by Contractor in such report, shall be deemed a material breach of this Agreement and shall 2864 subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or 2865 otherwise.
2866 22.01.5 Report Format. All reports are to be submitted in a form and format approved by the 2867 City, including electronic data submission.
2868 22.02 Data-Sharing / Online Waste Reporting System. Contractor shall, at no additional cost to 2869 the City, provide data regarding outreach, customer service, site visits, service levels, weight and volumes by 2870 waste stream, and other compliance and reporting information in a form and format approved by the City. 2871 This may include, if requested by City, procurement of software to use as an Online Waste Reporting System, Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 83 of 175
2872 an online/digital data system that is specifically designed for recording and documenting activity and data 2873 related to Collection Service, including the topics listed above. 2874 22.03 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make available 2875 stored vehicle GPS and on-board camera data for City’s review. 2876 22.04 Quarterly Reporting.
2877 22.04.1 General. Quarterly reports must be submitted no later than 5 p.m. Pacific Time (PT) 2878 on the last day of the month following the end of Quarter in which the receipts are Collected, and must be 2879 provided electronically using software acceptable to the City. If the last day of the month falls on a day that 2880 City is closed or on a Holiday, then the report will be due on the next Business Day. Failure to submit 2881 complete quarterly reporting by the due date may result in assessment of Administrative Charges and 2882 Penalties as specified in Exhibit 5.
2883 22.04.2 City Reports. Quarterly reports to City must include:
2884 22.04.2.1 Tonnage and Service Data. Contractor must provide a full-service 2885 list, with the following indicated for each Customer: number of contracted Collections for that Quarter 2886 (Collections that were scheduled to take place), and number of actual Collections completed during that 2887 Quarter (Collections that took place, not including non-collections or missed Collections). Contractor must 2888 also report the number of unique SFD and MFD accounts serviced; the number of unique Commercial and 2889 City accounts serviced; tonnage of Garbage, Recyclable Materials, and Organic Waste Collected and 2890 processed for Diversion. Quantities should be broken down by SFD, MFD, Commercial, and City Service. 2891 22.04.2.2 Overweight Vehicle Reporting. The quarterly report must include 2892 a summary total of all instances of overweight Collection Vehicles. This summary must include the number 2893 of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads 2894 transported during the reported Quarter.
2895 22.04.2.3 Non-Collection. The quarterly report must include a list of all Non2896 Collection occurrences that took place during that Quarter. It must include the full list of Service Units that 2897 experienced Non-Collection, indicate the date of and reason for each Non-Collection incident, and indicate 2898 whether a Non-Collection Notice was issued, and in what format it was issued. 2899 22.04.2.4 On-hold Accounts. The quarterly report must include a list of each 2900 Service Unit that was not billed in the previous Quarter, either due to a vacation hold or some other 2901 circumstance.
2902 22.04.2.5 Collection Overage Charges. The quarterly report must include 2903 each Service Unit incurring a charge for a Solid Waste Overage in the previous Quarter.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 84 of 175
2904 22.04.2.6 Contamination Reporting. To the extent required by Applicable 2905 Law, the quarterly report must include a summary of all instances of qualifying Contamination under the 2906 procedures in Section 5.08. This summary must include the total number of accounts where Contamination 2907 occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, 2908 a tally of the number of accounts where such notices occurred, the total number of instances where 2909 Collection Container size or Collection frequency was increased specifically due to Contamination, a tally 2910 of the number of accounts that were charged Contamination fees, and a tally of the number of accounts for 2911 which the Collection Container size or Collection frequency was increased specifically due to 2912 Contamination. Within twenty (20) Workdays of request by City, Contractor will provide copies of the 2913 Contamination Violation Notices and the digital documentation of Contamination. Lists of accounts to which 2914 Contamination Violation Notices were issued, accounts that were charged Contamination fees, and/or 2915 accounts for which the Collection Container size or Collection frequency was increased specifically due to 2916 Contamination, shall be provided to City separately upon City request. 2917 22.04.2.7 Service Recipient Complaint Log. The quarterly report must 2918 include the Service Recipient complaint log Collected from the previous Quarter. 2919 22.04.2.8 Reports to City on Customers discovered to be out of compliance 2920 with the SB 1383 Regulations, including a tally of the number of Customers, the type of violation (including 2921 not donating Edible Food, not providing Containers for Customer use, and other compliance violations) for 2922 each customer, and actions taken to educate those Customers. Such reports shall be provided quarterly or 2923 as required by City. A list of the Customers that were out of compliance, including the type of violation for 2924 each Customer, actions taken to educate those Customers, and contact information for those customers 2925 shall be provided to City separately upon City request. 2926 22.04.2.9 List of Programs Utilized. The quarterly report must include a list 2927 of all the waste Diversion and reduction programs, as well as other Solid Waste Collections programs, 2928 utilized by City residents, with the number of residents per program indicated when known. This report 2929 should also include the number of Kitchen Food Waste Pails distributed to residents within the Quarter. 2930 22.04.2.10 Abandoned Waste Reporting. The quarterly report must include a 2931 list of the times Contractor provided Abandoned Waste Removal Service to the City, including the dates, 2932 the locations of each service, and the amount of material Collected during each incident. 2933 22.05 Annual Reporting.
2934 22.05.1 General. An annual report must be submitted no later than 5 p.m. PT on January 31, 2026, and each January 31st thereafter for the previous Calendar Year. If January 31st 2935 falls on a day that 2936 City is closed, then the report will be due on the next Business Day. Annual reports must be submitted 2937 electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date 2938 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. Annual reports 2939 to City must include:
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 85 of 175
2940 22.05.1.1 Financial Statements. Contractor must make available for review 2941 annual financial statements for the local operation. Statements need not be reviewed or audited statements. 2942 Contractor shall make the financial statements available at their place of business or via an electronic portal. 2943 City reserves the right to have a third party view these financial statements and draft findings as appropriate. 2944 In each case that City enlists a third party to review the financial statements and draw up findings, 2945 Contractor shall, upon request, reimburse the City up to ten thousand dollars ($10,000) to defray the cost 2946 of this review. This payment amount shall increase annually by the CPI Adjustment Calculation in Section 2947 6.05. Costs associated with this Section would be considered allowable costs for rate-setting purposes. 2948 22.05.1.2 Annual Sustainability and Compliance Report. Contractor must 2949 complete and submit data sections within their Sustainability and Compliance Plan to document education 2950 and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, 2951 waste audits completed, information distributed, and media used, and community events hosted. This must 2952 include public education activities undertaken during the year, including distribution of bill inserts, Collection 2953 notification tags, community information and events, tours, and other activities related to the provision of 2954 Collection Service, and must discuss the impact of these activities on Recycling program participation and 2955 include amounts Collected from SFD, MFD, Commercial, and City Service Units. The report should include 2956 a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s status 2957 as a “covered generator” under AB 341, AB 1826, and SB 1383; the date and status of Contractor’s 2958 outreach efforts at each non-exempt account; and the current level of Recyclable Materials and Organic 2959 Waste program participation at each non-exempt account. 2960 22.05.1.3 Solid Waste Data. The number of SFD, MFD, Commercial, and 2961 City Service Units, and the number of Collection Containers distributed by size and Service Unit type. 2962 22.05.1.4 Waste Characterization Data. A breakdown of Solid Waste 2963 (Garbage, Recyclable Materials, and Organic Waste) by material type as per CalRecycle material 2964 classifications.
2965 22.05.1.5 Recyclable Materials Data. Gross tons Collected daily on average 2966 by material type by route for SFD, MFD, Commercial, and City Recyclable Materials service, with map of 2967 routes. The average participation rates by Quarter relative to the total number of Service Units by Service 2968 Unit type Indicate number of Recyclable Materials Collection Containers distributed by size and Service 2969 Unit type.
2970 22.05.1.6 Organic Waste Data. Include average daily gross tons Collected 2971 by route, separated by Green Waste and Food Waste, with map of routes. Include the total number of 2972 generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate 2973 average daily number of setouts by route. Indicate average participation rates relative to the total number 2974 of Service Units in terms of weekly set-out counts. Indicate number of Organic Waste Collection Containers 2975 distributed by size and Service Unit type.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 86 of 175
2976 22.05.1.7 Customer Service Log. A copy of the customer service log, 2977 including a summary of the type and number of complaints and their resolution. Include copies of a written 2978 record of all calls related to missed pickups and responses to such calls. 2979 22.05.1.8 Customer Service Information Sheet. A copy of Contractor’s most 2980 recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the 2981 equivalent information used by customer service representatives. 2982 22.05.1.9 Overweight Vehicle Data. A summary of all instances of 2983 overweight Collection Vehicles. This summary must also include the number of overweight vehicle 2984 instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar 2985 Year.
2986 22.05.1.10 Summary Narrative. A summary narrative of problems 2987 encountered with Collection activities and actions taken. Indicate type and number of Non-Collection 2988 Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant 2989 changes in operation, market factors, publicity conducted, and needs for publicity. Include description of 2990 processed material loads rejected for sale, reason for rejection, and Disposition of load after rejection. 2991 22.05.1.11 Collection Container and Vehicle Inventory. An updated complete 2992 inventory of Collection Containers by type and size, and an updated complete inventory of Collection 2993 Vehicles, including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, 2994 license plate number, fuel type, vehicle make and model, and vehicle safety records. 2995 22.05.1.12 Diversion Rate. Contractor must provide documentation 2996 acceptable to City stating and supporting the Calendar Year’s Diversion Rate, as calculated in accordance 2997 with the provisions of Article 8. Any tonnages Diverted and Disposed from large venues and events during 2998 the reporting period will be counted towards the calculated Diversion rate. 2999 22.05.1.13 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 3000 must report the total number of Commercial and MFD Service Units serviced, as well as the number of 3001 Containers, Container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic 3002 Waste for each non-exempt Commercial and MFD Service Unit. Contractor must also provide the following 3003 information separately for both AB 341 and AB 1826:
3004 22.05.1.14 The total number of non-exempt Commercial and MFD Service 3005 Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt 3006 Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials 3007 Collection Service or Commercial or MFD Organic Waste Collection Service.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 87 of 175
3008 22.05.1.15 A summary of the type of follow-up outreach that was provided to 3009 those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD 3010 Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service. 3011 22.05.1.16 Contractor shall provide proof of training records for Service 3012 Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize illicit 3013 discharges and stormwater pollution sources.
3014 22.05.1.17 A list of all recommended waivers for that calendar year, including 3015 copies of the waiver request form and other supporting documentation (may be provided electronically or 3016 over a web page), in accordance with Section 20.07. 3017 22.05.1.18 A list of the Tier One and Tier Two generators, in accordance with 3018 Section 20.11. (List may be secured from Sonoma County Waste Management Agency if Contractor is not 3019 responsible for regularly maintaining the list.)
3020 22.05.1.19 For Route Reviews and Compliance Reviews:
3021 (i) The date the review was conducted.
3022 (ii) The name and title of each person conducting the review. 3023 (iii) A list of the account names and addresses covered by the review. 3024 (iv) For Route Reviews, a description of each Hauler Route reviewed, and a 3025 general description of the Hauler Route area.
3026 (v) For Route Reviews, the aggregated results of such review (i.e., tallies of 3027 addresses where Prohibited Container Contaminants were found, grouped by 3028 waste stream type as well as by SFD Service Units, MFD Service Units, and 3029 Commercial Service Units).
3030 (vi) For Compliance Reviews, the aggregated results of such review (i.e., 3031 Contractor’s findings as to how many of the Customers reviewed are 3032 subscribed for Organic Waste Collection service, have an applicable waiver, 3033 or neither).
3034 (vii) Copies of any educational materials issued pursuant to such reviews. 3035 Lists of the addresses where Prohibited Container Contaminants were found during Route Reviews, paired 3036 with any photographs taken at those addresses, and/or lists of the Customers found to be in and out of 3037 compliance during Compliance Reviews, paired with any relevant evidence supporting such findings (e.g., 3038 account records), shall be provided to City separately upon City request.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 88 of 175
3039 22.05.1.20 Documentation relating to observed Prohibited Container 3040 Contaminants, whether observed during Route Reviews or otherwise:
3041 (i) Copies of the form of each notice issued to Customers for Prohibited Container 3042 Contaminants, as well as, for each such form, a list of the Customers to which 3043 such notice was issued, the date of issuance, the Customer’s name and 3044 service address, and the reason for issuance (if the form is used for multiple 3045 reasons).
3046 (ii) The number of times notices were issued to Customers for Prohibited 3047 Container Contaminants.
3048 (iii) The number of Containers where the contents were Disposed due to 3049 observation of Prohibited Container Contaminants.
3050 22.06 Diversion Calculation and Data. By 5:00 p.m. PT on February 14 and annually thereafter 3051 during the Term of this Agreement, Contractor must deliver to City, in the format specified by City, the 3052 Calendar Year’s Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages 3053 Diverted and Disposed from large venues and events during the reporting period will be counted towards the 3054 calculated Diversion rate.
3055 22.07 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing 3056 annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying 3057 required data for preparation of the reports, and completing all required data input. 3058 22.07.1 Contractor shall maintain, in form and format satisfactory to the City, the Online 3059 Waste Reporting System, an Implementation Record meeting the requirements of the SB 1383 Regulations 3060 and CalRecycle. Contractor shall be responsible for requesting information from the City for City-related 3061 activities, such as procurement and outreach and education, for maintenance of the Implementation Record. 3062 22.07.2 In the event that CalRecycle requires City to report an Implementation Schedule 3063 and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, SB 1594, and/or other Applicable 3064 Laws, Contractor will provide assistance to City in preparing a report, including Contractor’s policies and 3065 procedures related to compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and how 3066 Recyclable Materials or Organic Waste are Collected; a description of the geographic area, routes, list of 3067 addresses served, and a method for tracking Contamination; copies of route audits, copies of notice of 3068 Contamination; copies of notices, violations, education, and enforcement actions issued; and copies of 3069 educational materials, flyers, brochures, newsletters, website, and social media. 3070 22.08 Additional Reporting. Contractor must furnish City with any additional reports as may 3071 reasonably be required, and such reports are to be prepared within a reasonable time following the reporting 3072 period.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 89 of 175
3073 22.09 Right to Inspect and Audit. Contractor must make all records or documents required to be 3074 maintained pursuant to this Agreement available to the City for inspection or audit at any time during regular 3075 business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 3076 Manager, or a designated representative of any of these officers. Copies of such documents will be provided 3077 to City electronically, available to City for inspection at the local Contractor office, or available to City for 3078 inspection at an alternate site as mutually agreed upon. 3079 22.10 Duty to Keep and Preserve Records. The Contractor shall keep and preserve, during the 3080 Term of this Agreement, and for a period of not less than four (4) years following expiration or other 3081 termination hereof or for any longer period required by law, full, complete, and accurate records as indicated 3082 in the Agreement. Where City has reason to believe that records or documents may be lost or discarded in 3083 the event of the dissolution, disbandment, or termination of Contractor’s business, City may, by written 3084 request or demand, require that custody of the records be given to City and that the records and documents 3085 be maintained in City Hall. Access to such records and documents will be granted to any party authorized by 3086 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest. Refusal of Contractor to keep 3087 and preserve any of the records required by this Section shall be deemed a material breach of this Agreement 3088 and shall subject Contractor to all remedies, legal or equitable, which are available to City under this 3089 Agreement or otherwise.
3090 22.11 Records Requests to City. Contractor acknowledges that City is legally obligated to comply 3091 with the California Public Records Act (“CPRA”) and legally issued subpoenas. City acknowledges that 3092 Contractor may consider certain records, reports, or information contained therein (“Records”) which 3093 Contractor is required to provide to City under this Agreement to be of a confidential nature. In such instances, 3094 Contractor will inform City in writing of which Records contain Confidential Information and shall identify the 3095 statutory exceptions to disclosure provided under the CPRA or California law that legally permit non3096 disclosure of the Records. At such time as City received a CPRA request , Federal Freedom of Information 3097 Act (“FOIA”) request, or a subpoena, City will notify Contractor of the request or subpoena and City’s 3098 obligation and intent to provide a response within ten (10) days of receipt. Contractor shall, within five (5) 3099 days either: (i) consent in writing to the disclosure of the Records; or (ii) seek and obtain, at Contractor’s sole 3100 cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the 3101 Records. If the Contractor fails to act within the five (5) day window described above, the City may proceed 3102 to disclose the requested records, including any Confidential Information, to the requestor or subpoenaing 3103 party, in which event, Contractor agrees, waives, releases, and holds harmless City of any liability for the 3104 disclosure of the Records. In the event Contractor seeks a court order to stay or enjoin the disclosure of the 3105 Records, Contractor agrees to indemnify, defend, and hold harmless the City, its Council, elected and 3106 appointed board or commission members, officers, employees, volunteers, and agents (collectively, 3107 "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, 3108 proceeding, or suit in law or equity of any and every kind and description, whether judicial, quasi-judicial, or 3109 administrative in nature, arising or resulting from or in any way connected with the subject CPRA request, 3110 FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or 3111 termination of this Agreement.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 90 of 175
3112 22.11.1 Review Costs. Upon receipt of Notice of a CPRA request or subpoena, Contractor 3113 shall submit a payment to the City of Ten Thousand Dollars ($10,000) to defray the City’s costs to review 3114 the CPRA request or subpoena. In the event the City’s reasonable costs exceed that amount, Contractor 3115 shall reimburse the City for any documented amount in excess. This payment amount shall increase annually 3116 by the CPI Adjustment Calculation in Section 6.05. 3117 Article 23. Nondiscrimination
3118 23.01 Nondiscrimination. In the performance of all work and services under this Agreement, 3119 Contractor may not discriminate against any person based on such person’s race, sex, gender, gender 3120 identity, color, national origin, religion, marital status, or sexual orientation. Contractor must comply with all 3121 applicable local, State, and Federal laws and regulations regarding nondiscrimination, including those 3122 prohibiting discrimination in employment.
3123 Article 24. Service Inquiries and Complaints
3124 24.01 Contractor’s Customer Service. All service inquiries and complaints will be directed to 3125 Contractor. A representative of Contractor must be available to receive the complaints during normal business 3126 hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3127 profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best 3128 efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous 3129 manner. All service complaints will be handled by Contractor in a prompt and efficient manner. All cases must 3130 be addressed and resolved within three (3) Workdays. In the case of a dispute between Contractor and a 3131 Service Recipient, the matter will be reviewed, and a decision made, by the Agreement Administrator. 3132 24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries 3133 and complaints in a manner prescribed by City.
3134 24.01.2 For those complaints related to missed Collections, where Containers are properly 3135 set out in a timely manner, that are received by 12:00 p.m. (noon) on a Workday, Contractor will return to 3136 the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For 3137 those complaints related to missed Collections that are received after 12:00 p.m. (noon) on a Workday, 3138 Contractor will have until the end of the following Workday to resolve the complaint. For those complaints 3139 related to repair or replacement of Collection Containers, the appropriate Sections of this Agreement will 3140 apply.
3141 24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable 3142 Materials, and Organic Waste be Collected on the scheduled Collection day. Accordingly, missed Collections 3143 will normally be Collected as set forth above regardless of the reason that the Collection was missed. 3144 However, in the event a Service Recipient requests missed Collection service more than two (2) times in 3145 any consecutive two (2) month period, the Agreement Administrator will work with Contractor to determine 3146 an appropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 91 of 175
3147 Contractor will notify the Agreement Administrator by email. The Agreement Administrator will investigate all 3148 disputed complaints and render a decision.
3149 24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a 3150 local phone number or toll-free number. The service telephone number(s) must be listed in the area’s 3151 telephone directories under Contractor’s name in the White Pages, available through an online search, and 3152 listed on the Contractor’s website.
3153 24.02 Contractor shall record and catalog all Customer email addresses alongside Customer 3154 names and mailing addresses, such that Contractor can more easily and quickly send out updates and 3155 announcements as needed. Contractor shall cooperate with City to send out via email any service-related 3156 updates and announcements City may deem necessary. 3157 Article 25. Quality of Performance of Contractor
3158 25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering 3159 into this Agreement is to ensure that the Solid Waste Collection is of the highest caliber, that Service Recipient 3160 satisfaction remains at the highest level, that maximum Diversion levels are achieved, and that materials 3161 Collected are put to the highest and best use to the maximum extent possible. 3162 25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary 3163 importance. In acknowledgement of this, Contractor agrees to pay City Administrative Charges and Penalties 3164 as detailed in Exhibit 5 should Contractor fail to meet its responsibilities under this Agreement. Should 3165 Contractor be in breach of the requirements set forth in this Agreement, it is mutually understood and agreed 3166 that the public will necessarily suffer damages and that such damages, from the nature of the default in 3167 performance, will be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of 3168 the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the 3169 extent of damages which will be incurred by City as a result of a breach by Contractor of its obligations under 3170 this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited 3171 to, the fact that: (i) substantial damage results to members of the public who are denied services or denied 3172 quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the 3173 benefits of this Agreement to individual members of the general public for whose benefit this Agreement 3174 exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise 3175 monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the 3176 monetary loss resulting from denial of services or denial of quality or reliable services is impossible to 3177 calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other 3178 remedies are, at best, a means of future correction and not remedies which make the public whole for past 3179 breaches.
3180 25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may 3181 assess Administrative Charges and Penalties as specified in Exhibit 5 pursuant to this Agreement quarterly. 3182 At the end of each Quarter during the Term of this Agreement, the Agreement Administrator will issue a Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 92 of 175
3183 written notice to Contractor (“Notice of Assessment”) of the Administrative Charges and Penalties assessed 3184 and the basis for each assessment.
3185 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 3186 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 3187 present evidence that the assessment should not be made. 3188 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 3189 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 3190 25.03.3 The City Manager will review Contractor’s evidence and render a decision 3191 sustaining or reversing the Administrative Charges and Penalties as soon as reasonably possible after the 3192 meeting. Written notice of the decision will be final, subject to Contractor’s right to arbitration pursuant to 3193 Section 31.01.
3194 25.03.4 City’s assessment or collection of Administrative Charges and Penalties will not 3195 prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for 3196 Contractor’s failure to perform the work and services in the manner set forth in this Agreement. 3197 25.04 Uncontrollable Circumstances.
3198 25.04.1 If either party is prevented from or delayed in performing its duties or obligations 3199 under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without 3200 limitation, acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, 3201 earthquakes, other natural or man-made disasters, the threat of such natural or man-made disasters, 3202 pandemics (or threat of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, 3203 public riots, strikes, lockouts or other labor disturbances, acts of government or governmental restraint, or 3204 other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the 3205 affected party, then the affected party will be excused from performance hereunder during the period of such 3206 disability.
3207 25.04.2 The party claiming excuse from performance must promptly notify the other party 3208 when it learns of the existence of such cause, including the facts constituting such cause, and when such 3209 cause has terminated.
3210 25.04.3 The interruption or discontinuance of services by a party caused by circumstances 3211 outside of its control will not constitute a default under this Agreement. 3212 Article 26. Performance Bond
3213 26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves 3214 this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter 3215 of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank, or financial Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 93 of 175
3216 institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful 3217 performance of this Agreement and all obligations arising hereunder in an amount as follows:
3218 26.01.1 From July 1, 2025, and so long as this Agreement or any extension thereof remains 3219 in force, Contractor must maintain a performance bond in the amount of one million dollars ($1,000,000). 3220 26.01.1.1 The performance bond must be executed by a surety company 3221 licensed to do business in the State of California; having an “A-" or better rating by A. M. Best or Standard 3222 and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States. 3223 26.01.1.2 In the event City draws on the bond, all of City’s costs of collection 3224 and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor. 3225 26.01.1.3 The Performance Bond must be renewed annually for the entire 3226 Term of the Agreement, and evidence must be provided to City annually. 3227 26.01.1.4 In the event Contractor shall for any reason (except as otherwise 3228 provided in this Agreement) become unable, or fail in any way, to perform as required by this Agreement, 3229 City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make 3230 whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall 3231 restore the Performance Bond to its original amount within thirty (30) days of the City’s notice to do so. 3232 Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this 3233 Agreement.
3234 Article 27. Insurance
3235 27.01 Insurance Policies. Contractor must secure and maintain, throughout the Term of this 3236 Agreement, insurance against claims for injuries to persons or damages to property which may arise from or 3237 in connection with Contractor’s performance of work or services under this Contract. Contractor’s 3238 performance of work or services includes performance by Contractor’s employees, agents, representatives, 3239 and Subcontractors.
3240 27.02 Minimum Insurance Requirements.
3241 27.02.1 General Liability Insurance. Contractor shall maintain commercial general liability 3242 insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not 3243 less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 3244 property damage. The policy must include contractual liability that has not been amended. Any endorsement 3245 restricting standard ISO “insured contract” language will not be accepted. 3246 27.02.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at 3247 least as broad as Insurance Services Office Form CA 00 01, covering bodily injury and property damages 3248 for all activities of the Contractor arising out of or in connection with Work to be performed under this Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 94 of 175
3249 Agreement, including any owned, hired, non-owned, or rented vehicles, in an amount not less than 3250 $10,000,000 combined single limit for each accident. 3251 27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an 3252 umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property 3253 damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. 3254 Such policy or policies shall include the following terms and conditions:
3255 • A drop-down feature requiring the policy to respond if any primary insurance that 3256 would otherwise have applied proves to be uncollectible in whole or in part for any 3257 reason, other than bankruptcy or insolvency of said primary insurer. 3258 • “Pay on behalf of” as opposed to “reimbursement”. 3259 • Concurrency of effective dates with primary policies. 3260 Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over 3261 commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies 3262 shall include wording that the excess liability policy follows the terms and conditions of the underlying 3263 policies.
3264 27.02.4 Workers’ Compensation and Employers Liability. Contractor shall obtain and 3265 maintain Workers’ Compensation insurance with limits as required by the California Labor Code, and 3266 Employers Liability insurance with limits of $5,000,000 per accident. Contractor shall submit to City, along 3267 with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, 3268 employees, and volunteers.
3269 27.02.5 Environmental Pollution Liability. Pollution legal liability insurance coverage shall be 3270 in an amount no less than Ten Million Dollars ($10,000,000) per claim and in the aggregate. Coverage shall 3271 be extended a minimum of three (3) years beyond the Term of the Agreement, and such insurance shall 3272 contain all standard extensions customary for such policy and shall cover prior acts. 3273 27.02.6 Cyber Liability Insurance. Contractor shall maintain either an endorsement to its 3274 general liability policy, or a separate policy of insurance covering cyber liability. Said coverage shall be in 3275 the amount of not less than Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars 3276 ($10,000,000) in the aggregate.
3277 27.03 Insurance Provisions/Requirements.
3278 27.03.1 Additional Insured Status. General liability, automobile liability, and umbrella/excess 3279 liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, 3280 employees, agents, and volunteers shall be additional insureds under such policies.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 95 of 175
3281 27.03.2 Requirements Not Limiting. Requirements of specific coverage features or limits 3282 contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a 3283 waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature 3284 is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured 3285 to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains 3286 higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the 3287 higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified 3288 minimum limits of insurance and coverage shall be available to the City. 3289 27.03.3 Self-Insured Retentions. Any self-insured retentions must be declared to and 3290 approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or 3291 replaced by a deductible, or require proof of ability to pay losses and related investigations, claim 3292 administration, and defense expenses within the retention through confirmation from the underwriter. 3293 27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary, and 3294 any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. 3295 The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess 3296 insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such 3297 coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s 3298 own insurance or self-insurance shall be called upon to protect it as a named insured. 3299 27.03.5 Proof of Insurance. Contractor shall provide certificates of insurance and required 3300 endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and 3301 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current 3302 certification of insurance shall be kept on file with City for the Agreement period and any additional length of 3303 time required thereafter. City reserves the right to require complete, certified copies of all required insurance 3304 policies at any time.
3305 27.03.6 Duration of Coverage. Contractor shall procure and maintain for the Agreement 3306 period, and any additional length of time required thereafter, insurance against claims for injuries to persons 3307 or damages to property, or financial loss which may arise from or in connection with the performance of the 3308 Work hereunder by Contractor, their agents, representatives, employees, or Subcontractors. 3309 27.03.7 City’s Rights of Enforcement. In the event any policy of insurance required under 3310 this Agreement does not comply with these specifications or is canceled and not replaced, City has the right 3311 but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly 3312 reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 3313 In the alternative, City may cancel this Agreement. 3314 27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance 3315 company that is currently authorized by the Insurance Commissioner to transact business of insurance or 3316 that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 96 of 175
3317 Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition 3318 of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 3319 27.03.9 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to 3320 this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 3321 officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance 3322 evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 3323 hereby waives its own right of recovery against City and shall require similar written express waivers and 3324 insurance clauses from each of its Subcontractors. 3325 27.03.10Enforcement of Contract Provisions (Non-Estoppel). Contractor acknowledges 3326 and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance 3327 with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder. 3328 27.03.11 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker 3329 and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which 3330 a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the 3331 Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of 3332 notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance 3333 coverages or in the event of insurer’s cancellation or non-renewal. 3334 27.03.12Prohibition of Undisclosed Coverage Limitations. None of the coverages required 3335 herein will be in compliance with these requirements if they include any limiting endorsement of any kind 3336 that has not been first submitted to City and approved of by the City in writing. 3337 27.03.13Separation of Insureds. A severability of interests provision must apply for all 3338 additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against 3339 whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) 3340 shall not contain any cross-liability exclusions.
3341 27.03.14Pass-Through Clause. Contractor agrees to ensure that its Subcontractors provide 3342 the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to 3343 monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is 3344 provided in conformity with the requirements of this Section. However, in the event Contractor’s 3345 Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Contractor 3346 shall be required to ensure that its Subcontractor provide and maintain insurance coverage and 3347 endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and 3348 services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s 3349 requirements under this Agreement. This provision does not relieve the Contractor of its contractual 3350 obligations under this Agreement and/or limit its liability to the amount of insurance coverage provided by its 3351 Subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a 3352 Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 97 of 175
3353 insurance limits as required of the Contractor under this Agreement given the limited scope of work or 3354 services provided by the Subcontractor. Contractor agrees that upon request, all agreements with 3355 Subcontractors, and others engaged in the project, will be submitted to City for review. 3356 27.03.15 City’s Rights to Revise Specifications. The City reserves the right at any time 3357 during the Term of the Agreement to change the amounts and types of insurance required by giving the 3358 Contractor ninety (90) days advance written notice of such change. If such change results in substantial 3359 additional cost to the Contractor, Contractor will be entitled to a corresponding increase in Maximum Service 3360 Rates.
3361 27.03.16Timely Notice of Claims. Contractor shall give City prompt and timely notice of 3362 claims made or suits instituted that arise out of or result from Contractor’s performance under this 3363 Agreement, and that involve or may involve coverage under any of the required liability policies. 3364 27.03.17Additional Insurance. Contractor shall also procure and maintain, at its own cost 3365 and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper 3366 protection and prosecution of the Work.
3367 Proof of insurance must be emailed to the Agreement Administrator, and must also be mailed to the 3368 following address, or any subsequent address as may be directed by the City. 3369 City of Sebastopol
3370 City Manager’s Office
3371 7120 Bodega Avenue
3372 Sebastopol, CA 95472
3373 27.04 Subcontractors. Contractor must include all Subcontractors performing services in the City 3374 as insureds under its policies, or Subcontractors must obtain separate certificates and endorsements. 3375 27.05 Modification of Insurance Requirements. The insurance requirements provided in this 3376 Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor, if 3377 City’s risk manager determines such modification or waiver is in the best interest of City, considering all 3378 relevant factors, including exposure to City.
3379 27.06 Rights of Subrogation. All required insurance policies must preclude any insurer’s rights of 3380 recovery or subrogation against City with respect to matters related to Contractor’s performance of its 3381 obligations under the applicable policies or this Agreement, with the express intention of the parties being 3382 that the required insurance coverage protects both parties as the primary coverage for any and all losses 3383 covered by the above-described insurance. Contractor must ensure that any companies issuing insurance to 3384 cover the requirements contained in this Agreement agree that they will have no recourse against City for 3385 payment or assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ 3386 and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in 3387 which City is named as an additional insured will not apply to City.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 98 of 175
3388 27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as 3389 required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time 3390 City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire replacement waste 3391 hauler services to perform Contractor’s tasks until insurance coverage is resumed; or (ii) obtain replacement 3392 insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the 3393 option to terminate this Agreement immediately.
3394 27.08 Required Endorsements.
3395 27.08.1 The Workers’ Compensation policy shall contain an endorsement in substantially 3396 the following form:
3397 1. “Thirty (30) days’ prior written notice shall be given to the City of Sebastopol in the event 3398 of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall 3399 be sent to:
3400 City Manager
3401 City of Sebastopol
3402 7120 Bodega Avenue
3403 Sebastopol, CA 95472
3404 27.08.2 The Commercial General Liability Business and Automobile Liability policies shall 3405 contain endorsements in substantially the following form:
3406 1. “Thirty (30) days’ prior written notice shall be given to the City of Sebastopol in the event 3407 of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall 3408 be sent to:
3409 City Manager
3410 City of Sebastopol
3411 7120 Bodega Avenue
3412 Sebastopol, CA 95472”
3413 2. “This policy shall be considered primary insurance as respects any other valid and 3414 collectible insurance maintained by the City of Sebastopol, including any self-insured 3415 retention or program of self-insurance, and any other such insurance shall be 3416 considered excess insurance only."
3417 3. "Inclusion of the City of Sebastopol as an insured shall not affect the City's rights as 3418 respects any claim, demand, suit or judgment brought or recovered against the 3419 Contractor. This policy shall protect Contractor and the City in the same manner as 3420 though a separate policy had been issued to each, but this shall not operate to increase 3421 the Contractor's liability as set forth in the policy beyond the amount shown or to which 3422 the Contractor would have been liable if only one party had been named as an insured.” Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 99 of 175
3423 Article 28. Hold Harmless and Indemnification
3424 28.01 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 3425 indemnify, defend with counsel approved by the City, and hold City, its elected and appointed officials, 3426 officers, agents, employees, and volunteers (collectively “City Indemnitees”) harmless from and against any 3427 and all of Contractor’s liabilities, including but not limited to all claims, demands, lawsuits, judgments, 3428 damages, losses, injuries, expenses, and/or costs (including without limitation reasonable legal counsel fees, 3429 expert fees, and all other costs and fees of litigation) of every nature arising out of, brought, or claimed against 3430 Contractor by, or otherwise owed by Contractor to, Contractor’s employees, Contractor’s contractors or 3431 Subcontractors, or the owners of Contractor’s firm. 3432 28.02 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, defend 3433 with legal counsel approved by City, and hold harmless City Indemnitees from and against any and all 3434 liabilities, including but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 3435 expenses, and/or costs (including without limitation reasonable legal counsel fees, expert fees, and all other 3436 costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of 3437 work hereunder or its failure to comply with any of its obligations contained in the Agreement, except to the 3438 extent such loss or damage is caused by the gross negligence or willful misconduct of City. Should conflict of 3439 interest principles preclude a single legal counsel from representing both City and Contractor, or should City 3440 otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of 3441 defense, including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees 3442 of litigation. The Contractor shall promptly pay City any final judgment rendered against City (and its officers, 3443 officials, employees, and volunteers) with respect to any liabilities or claims covered by this Section. It is 3444 expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as 3445 is permitted by the law of the State of California and will survive termination of this Agreement. 3446 28.02.1 Contractor’s obligations under this Section apply regardless of whether or not such 3447 claim, charge, damage, demand, lawsuit, action, proceeding, damage, loss, injury, stop notice, expense, 3448 cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an 3449 Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor 3450 shall not be required to indemnify and hold harmless any City Indemnitee for liability attributable to the gross 3451 negligence or willful misconduct of City, provided such gross negligence or willful misconduct is determined 3452 by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City 3453 is shown to have acted with gross negligence or willful misconduct and where such action accounts for only 3454 a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or 3455 percentage of liability not attributable to the gross negligence or willful misconduct of City. 3456 28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, 3457 defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with 3458 City, of any insurance certificates or policies described in Article 27.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 100 of 175
3459 28.04 Diversion Indemnification. Subject to the requirements of Public Resources Code Section 3460 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees 3461 to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all 3462 attorneys’ fees, and to indemnify, defend, and hold City Indemnitees harmless from and against all fines or 3463 penalties imposed by the California Integrated Waste Management Board if the Diversion requirements 3464 specified in California Public Resources Code Section 41780, as it may be amended, are not met by City with 3465 respect to the Materials Collected by Contractor and if the lack in meeting such goals is attributable to the 3466 failure of Contractor to implement and operate the Recycling or Diversion programs or undertake the related 3467 activities required by this Agreement. In the event CalRecycle provides an administrative process to challenge 3468 the imposition of a compliance order or a fine or fines, Contractor will be responsible for engaging any 3469 consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for the 3470 retention of and payment to any consultants engaged to perform waste generation studies (Diversion and 3471 Disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and 3472 Contractor.
3473 28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with 3474 counsel reasonably approved by City), protect, and hold harmless the City Indemnitees from and against any 3475 and all claims of any kind whatsoever paid, suffered, or incurred by or against the City Indemnitees resulting 3476 from any repair, clean-up, removal action, or response action undertaken pursuant to CERCLA, the Health & 3477 Safety Code, or other similar Federal, State, or local law or regulation, with respect to Solid Waste or 3478 Household Hazardous Waste Collected and Disposed of by Contractor. The foregoing indemnity is intended 3479 to operate as an agreement pursuant to Section 10(e) of CERCLA and Section 25364 of the Health & Safety 3480 Code to defend, protect, hold harmless, and indemnify the City Indemnitees from all forms of liability under 3481 CERCLA, the Health & Safety Code, or other similar Federal, State, or local law or regulation. 3482 28.06 Proposition 218 Release. City intends to comply with all Applicable Law concerning the 3483 Maximum Service Rates provided under this Agreement. Upon thorough analysis, the parties have made a 3484 good faith determination that the Maximum Service Rates for the Solid Waste Collection provided under this 3485 Agreement are not subject to California Constitution Articles XIIIC and XIIID because, among other reasons, 3486 such services are provided by a private contractor and not by City, Contractor independently establishes the 3487 rates for services within the limits established in this Agreement, the receipt of services is voluntary and not 3488 required of any property within City, and any owner or Service Recipient of property within City has the 3489 opportunity to avoid the services available under this Agreement either through Self-Hauling or use of property 3490 in such a manner that Solid Waste is not generated. Accordingly, in the event that a third party challenges 3491 the Maximum Service Rates as being in violation of Article XIIIC or XIIID of the California Constitution, or 3492 otherwise asserts that the Maximum Service Rates are an invalid tax, assessment, or fee, Contractor agrees, 3493 subject to Section 6.12, to waive, release, and hold harmless the City Indemnitees from and against any and 3494 all claims Contractor may have against the City Indemnitees resulting therefrom, and to indemnify and defend 3495 City indemnitees, with legal counsel reasonably acceptable to City, from any third-party claim, suit, or other 3496 action, whether administrative, legal, or equitable, challenging the Maximum Service Rates authorized under 3497 this Agreement or as being in violation of Article XIIIC or XIIID of the California Constitution, or otherwise Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 101 of 175
3498 asserting that the Maximum Service Rate are an invalid tax, assessment, or fee. This Section will survive the 3499 expiration or termination of this Agreement for claims arising prior to the expiration or termination of this 3500 Agreement.
3501 28.07 Employment & Labor Practices. Contractor shall indemnify, defend, and hold harmless City 3502 Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent 3503 arising from Contractor's personnel and labor practices, including failure to pay and comply with state or 3504 federal prevailing wage laws which should such be applicable to Contractor’s personnel or labor practices or 3505 to one or more of the services it provides pursuant to the Agreement. All duties of Contractor under this 3506 paragraph shall survive termination of this Agreement. 3507 28.08 Consideration. It is specifically understood and agreed that the consideration inuring to 3508 Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights, and 3509 responsibilities contained in this Agreement.
3510 28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing 3511 indemnification and release provisions; however, the collateral obligation of providing insurance must also be 3512 complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall 3513 not in any way be a limitation on Contractor’s indemnification and defense obligations. 3514 28.10 Subcontractors. Contractor must require all Subcontractors performing work in the City to 3515 enter into a contract containing the provisions set forth in Article 27, and in which contract the Subcontractor 3516 fully indemnifies City in accordance with this Agreement. 3517 28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to 3518 indemnify, hold harmless, and defend City, its officers, and its employees will not extend to any loss, liability, 3519 penalty, damage, action, or suit arising or resulting solely from acts constituting active negligence, willful 3520 misconduct, or violation of law on the part of City, its officers, or its employees. 3521 28.12 Damage by Contractor. If Contractor’s employees or Subcontractors cause any injury, 3522 damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and 3523 tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage, or loss. 3524 Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such 3525 injury, damage, or loss. With the prior written approval of City, Contractor may repair the damage at 3526 Contractor’s sole cost and expense. Any injury, damage, or loss to private property caused by the negligent 3527 or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at 3528 Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property 3529 owners as to damage to private property are civil matters, and complaints of damage will be referred to 3530 Contractor as a matter within its sole responsibility and as a matter within the scope of this Article.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 102 of 175
3531 Article 29. Default of Agreement
3532 29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this 3533 Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in 3534 this Agreement, upon the happening of any one of the following events:
3535 29.01.1 Contractor takes the benefit of any present or future insolvency statute; makes a 3536 general assignment for the benefit of creditors; files a voluntary petition in bankruptcy (court); files a petition 3537 or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the 3538 Federal bankruptcy laws or under any other law or statute of the United States or any State thereof; or 3539 consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 3540 29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made 3541 approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its 3542 reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law 3543 or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed 3544 or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become 3545 null, void, and of no effect, unless such stayed judgment or order is reinstated, in which case such default 3546 will be deemed immediate; or
3547 29.01.3 By, pursuant to, or under the authority of any legislative act, resolution, or rule or 3548 any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, 3549 trustee, or liquidator takes possession or control of all or substantially all of the property of Contractor, and 3550 such possession or control continues in effect for a period of sixty (60) calendar days; or 3551 29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the 3552 Administrative Charges and Penalties or any other fees and monies due City under this Agreement, and 3553 such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or 3554 29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money 3555 owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of 3556 receipt of written notice by City to do so; or
3557 29.01.6 In the event that the monies due City is the subject of arbitration or a judicial 3558 proceeding, Contractor will not be in default if the sum of money is bonded. All bonds must be in the form 3559 acceptable to the City Attorney; or
3560 29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the 3561 terms, conditions, or covenants in this Agreement, including, but not limited to, the maintenance of a 3562 performance bond in accordance with Article 26, or has wrongfully failed or refused to comply with the 3563 instructions of the Agreement Administrator relative thereto and consistent with the terms of this Agreement, 3564 and such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so, or Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 103 of 175
3565 if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days 3566 following receipt by Contractor of written demand from City to do so, Contractor fails to commence the 3567 remedy of such default within such thirty (30) calendar days following such written notice or having so 3568 commenced fails thereafter to continue with diligence the curing thereof (with Contractor having the burden 3569 of proof to demonstrate (a) that the default cannot be cured within thirty (30) calendar days, and (b) that it is 3570 proceeding with diligence to cure such default, and such default will be cured within a reasonable period of 3571 time). However, notwithstanding anything contained herein to the contrary, for the failure of Contractor to 3572 provide Solid Waste Collection for a period of three (3) consecutive Workdays, City may secure Contractor's 3573 records on the fourth (4th) Workday in order to provide interim Solid Waste Collection until such time as the 3574 matter is resolved and Contractor is again able to perform pursuant to this Agreement; provided, however, 3575 if Contractor is unable for any reason or cause to resume performance at the end of thirty (30) calendar 3576 days, all liability of City under this Agreement to Contractor will cease and this Agreement may be terminated 3577 by City.
3578 29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of 3579 termination of this Agreement under this Article, in the event that Contractor's record of performance shows 3580 that Contractor has defaulted in the performance of any of the covenants and conditions required herein to 3581 be kept and performed by Contractor three (3) or more times in any twenty-four (24) month period, and 3582 regardless of whether the Contractor has corrected each individual condition of default, Contractor will be 3583 deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to 3584 correct, and all such defaults will be considered cumulative and collectively will constitute a condition of 3585 irredeemable default. City may thereupon issue Contractor a final warning citing the circumstances under 3586 which Contractor has become a “habitual violator” pursuant to this Section, and any single default by 3587 Contractor of whatever nature, subsequent to the occurrence of the last of such cumulative defaults, will be 3588 grounds for immediate termination of the Agreement. In the event of any such subsequent default, City may 3589 terminate this Agreement upon giving of written final notice to Contractor, such cancellation to be effective 3590 upon the date specified in City's written notice to Contractor, and all contractual fees due hereunder plus any 3591 and all charges and interest will be payable to such date, and Contractor will have no further rights hereunder. 3592 Immediately upon the specified date in such final notice, Contractor must cease any further performance 3593 under this Agreement.
3594 29.03 Effective Date of Termination. In the event of any of the events specified above, and except 3595 as otherwise provided in such subsections, termination will be effective upon the date specified in City's 3596 written notice to Contractor, and upon such date this Agreement will be deemed immediately terminated and 3597 upon such termination, except for payment of services rendered up to and including the date of termination, 3598 all liability of City under this Agreement to Contractor will cease, and City will have the right to call the 3599 performance bond and will be free to negotiate with other contractors for the operation of interim and long3600 term Collection Service. Contractor must reimburse City for all direct and indirect costs of providing any interim 3601 Solid Waste Collection as a result of Contractor’s default in this Agreement.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 104 of 175
3602 29.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other 3603 rights and remedies provided by law or by this Agreement. 3604 29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence 3605 of any of the events or conditions set forth in Section 25.04 (Uncontrollable Circumstances), refuse or be 3606 unable for a period of more than forty-eight (48) hours to Collect a material portion or all of the Solid Waste 3607 which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City 3608 to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of 3609 the City Manager's discretion, should find that such accumulation endangers or menaces the public health, 3610 safety, or welfare, then City will have the right to contract with another Solid Waste enterprise to Collect any 3611 or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide twenty3612 four (24) hours prior written notice to Contractor during the period of such event, before contracting with 3613 another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise Collect 3614 pursuant to this Agreement for the duration of period during which Contractor is unable to provide such 3615 services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from 3616 which such substitute Solid Waste services are immediately available and must reimburse City for all of its 3617 reasonable expenses for such substitute services during period in which Contractor is unable to provide Solid 3618 Waste Collection required by this Agreement.
3619 29.06 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 3620 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend, and hold City and City 3621 Indemnitees harmless as provided in this Agreement shall survive any termination of this Agreement. 3622 Notwithstanding the termination of this Agreement by Contractor or City, such act shall not automatically 3623 invalidate or cancel any insurance policy, letter of credit, performance bond, or similar instruments provided 3624 by Contractor under this Agreement, and such policies, letters of credit, performance bonds, and other 3625 instruments shall remain in full force and effect for one (1) full year after termination. 3626 Article 30. Modifications to the Agreement
3627 30.01 City-Directed Change. City has the power to make changes in this Agreement to impose 3628 new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing 3629 Collection Service, as may from time-to-time be necessary and desirable for the public welfare. The size of 3630 Collection Containers specified herein for Bundled Service are designed to meet the requirements of 3631 Applicable Law, inclusive of the State’s Recycling mandates, including AB 341, AB 1826, and SB 1383, and 3632 to be appropriate for the capabilities and capacities of available Materials Recovery Facilities and Organic 3633 Waste Processing Facilities at the start of this Agreement. The capabilities and capacities of such facilities 3634 may change during the Term of this Agreement as the City reserves the right to redirect materials to alternate 3635 facilities and change the designated sizes of Carts and/or Bins in Bundled Service in accordance with any 3636 such changes. City will give the Contractor notice of any proposed change, as well as an opportunity to be 3637 heard concerning those matters, and agrees to adjust Maximum Service Rates to reasonably reflect additional 3638 costs borne by Contractor. The scope and method of providing Solid Waste Collection as referenced herein Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 105 of 175
3639 will be liberally construed to include the procedures, operations, and obligations, financial or otherwise, of 3640 Contractor. When such modifications are made to this Agreement, City and Contractor will negotiate in good 3641 faith a reasonable and appropriate compensation adjustment for any increase or decrease in the services or 3642 other obligations required of Contractor due to any modification in the Agreement under this Article. City and 3643 Contractor will not unreasonably withhold agreement to such compensation adjustment. Should agreement 3644 between City and Contractor on compensation adjustment not be reached within six (6) months of the change 3645 request, or other period as agreed upon by both parties, City and Contractor agree to submit the 3646 compensation adjustment to binding arbitration as described in Article 31. 3647 30.02 Change in Law. City and Contractor understand and agree that the California Legislature 3648 has the authority to make comprehensive changes in Solid Waste Handling legislation, and that these and 3649 other changes in Applicable Law in the future which mandate certain actions or programs for counties, 3650 municipalities, or Contractor may require changes or modifications in some of the terms, conditions, or 3651 obligations under this Agreement. Contractor agrees that the terms and provisions of the City Municipal Code, 3652 as it now exists or as it may be amended in the future (in a manner not inconsistent with this Agreement), will 3653 apply to all of the provisions of this Agreement and the Service Recipients of Contractor located within the 3654 Service Area. In the event any future change in Applicable Law, inclusive of any change in Federal, State, or 3655 local laws or regulations or the City Code, that materially alters the obligations of Contractor, then Contractor 3656 shall be obligated to, and hereby agrees to, undertake such new or modified services or programs or take 3657 such other actions as may be necessary to comply with the Change in Law (“Modified Services”), provided 3658 that City and Contractor negotiate in good faith, and agree upon a reasonable and appropriate compensation 3659 adjustment for such Modified Services. City and Contractor will not unreasonably withhold agreement to such 3660 compensation adjustment. Should agreement between City and Contractor on compensation adjustment not 3661 be reached within six (6) months of the change request, or other period as agreed upon by both parties, City 3662 and Contractor agree to submit the compensation adjustment to binding arbitration as described in Article 31. 3663 Nothing contained in this Agreement will require any party to perform any act or function contrary to Applicable 3664 Law.
3665 Article 31. Dispute Resolution
3666 31.01 Arbitration. Except where otherwise provided for in this Agreement that the decision of a 3667 City Manager or other person or entity is final, or that a matter may be pursued by civil litigation, any dispute 3668 between the parties regarding interpretation and enforcement of this Agreement shall be resolved exclusively 3669 through final and binding arbitration. Parties shall have no right appeal a final arbitration award except as 3670 provided for in California Code of Civil Procedure, Sections 1286.2 and 1286.6. 3671 31.02 Request for Arbitration. Either party may demand arbitration by sending a request in writing 3672 to the other party. Such request must be sent within thirty (30) days of a party’s reasonable determination 3673 that the parties are unable to resolve a disputed matter. 3674 31.03 Selection of Arbitrator. Arbitration shall be conducted by a single arbitrator at a location 3675 within Sonoma County or at such location as the parties to the arbitration may mutually select. The arbitrator Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 106 of 175
3676 shall be an attorney, retired judge, or professional with significant prior experience in matters related to public 3677 contracts. If, within twenty (20) days from the receipt of a request to arbitrate (or such longer period mutually 3678 agreed to by the parties), the parties are unable to agree on an arbitrator, then a single neutral arbitrator shall 3679 be appointed pursuant to the Commercial Arbitration Rules of the American Arbitration Association or a similar 3680 rank and strike method employed by an arbitration company selected by the parties to provide case 3681 management and facilities for arbitration.
3682 31.04 Arbitration Rules. The Commercial Arbitration Rules of the American Arbitration 3683 Association shall govern any arbitration requested under this Article, unless the parties otherwise agree to 3684 use of alternative applicable rules.
3685 31.05 Legal Fees and Costs. The parties will initially pay one half of the costs of the arbitrator, 3686 including any case management fees charged. Upon a final decision, the prevailing party will be entitled to 3687 recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the 3688 prevailing party in the exercise of any of its rights or remedies under this Agreement or the enforcement of 3689 any of the terms, conditions, or provisions of this Agreement. 3690 Article 32. Consent to Jurisdiction
3691 32.01 Jurisdiction for Civil Litigation. The parties agree that any civil litigation between City and 3692 Contractor concerning or arising out of and permitted by this Agreement, and which is exempt from arbitration 3693 pursuant to Article 31, must be filed and maintained exclusively in the Superior Courts of Sonoma County, 3694 State of California, or in the United States District Court for the Northern District of California to the fullest 3695 extent permissible by law. Each party consents to service of process in any manner authorized by California 3696 law.
3697 Article 33. Attorney’s Fees
3698 33.01 If civil litigation is brought by a party concerning or arising out of and permitted by this 3699 Agreement, the prevailing party will be entitled to recover from the opposing party all costs and expenses, 3700 including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or 3701 remedies under this Agreement or the enforcement of any of the terms, conditions, or provisions of this 3702 Agreement.
3703 Article 34. Legal Representation
3704 34.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, 3705 represented by counsel in the preparation of, and contributed equally to the terms and conditions of, this 3706 Agreement, and, accordingly, the rule that a contract will be interpreted strictly against the party preparing 3707 the same will not apply, due to the joint contributions of both parties.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 107 of 175
3708 Article 35. Conflict of Interest
3709 35.01 Financial Interest. Contractor is unaware of any City employee or official that has a financial 3710 interest in Contractor’s business. During the Term of this Agreement and/or as a result of being awarded this 3711 Agreement, Contractor shall not offer, encourage, or accept any financial interest in Contractor’s business by 3712 any City employee or official.
3713 Article 36. Contractor's Personnel
3714 36.01 Displaced Employees. Contractor shall offer employment to all qualified displaced 3715 employees of the City’s franchisee from the prior exclusive Solid Waste Collection Agreement at pay and 3716 benefit rates meeting or exceeding prior amounts. Contractor shall make information about wage rates, 3717 benefits, and job classifications of employees available to the City prior to any subsequent procurement for 3718 Solid Waste Collection, no later than fifteen (days) following a request from the City for such information. 3719 Contractor shall additionally comply with all related requirements described in California Labor Code, Division 3720 2, Part 3, Chapter 4.6, Section 1072(c)(1).
3721 36.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all 3722 services required under this Agreement and shall be responsible for ensuring its employees comply with this 3723 Agreement and all Applicable Laws related to their employment and position. Contractor's employees, 3724 officers, agents, and Subcontractors shall not identify themselves or in any way represent themselves as 3725 being employees or officials of City. City may request the transfer of any employee of Contractor who 3726 materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the 3727 performance of their duties under this Agreement.
3728 36.03 Agreement Manager. Contractor shall designate a qualified employee to serve as its 3729 Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior to the Commencement Date of this Agreement, and annually by January 1st 3730 of each subsequent Calendar 3731 Year of this Agreement, and any other time the person in that position changes. The Agreement Manager 3732 must be available to the City through the use of telecommunications equipment at all times that Contractor is 3733 providing Solid Waste Collection in the Service Area. The Contract Manager must provide City with an 3734 emergency phone number where the Contract Manager can be reached outside of normal business hours. 3735 36.04 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service 3736 Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name of 3737 that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter 3738 annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor 3739 changes the employee serving in that position changes. The Service Supervisor must be physically located 3740 in the Service Area and available to the Agreement Administrator through the use of telecommunication 3741 equipment at all times that Contractor is providing Solid Waste Collection. In the event the Service Supervisor 3742 is unavailable due to illness or vacation, Contractor must designate a substitute acceptable to the City who 3743 shall be available and shall have the authority to act in the same capacity as the Service Supervisor.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 108 of 175
3744 36.05 Key Operations Staff. Contractor shall identify Key Operations Staff, consisting at a 3745 minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical Supervisor; 3746 and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key Operations Staff will 3747 provide the following to City Staff: email address, phone number, cell phone number, and office address. 3748 36.06 Sustainability/Compliance Staff. Contractor shall provide Sustainability/Compliance Staff, 3749 whose primary duties are dedicated to the City.
3750 36.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean 3751 uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact with 3752 the public, including drivers, must bear some means of individual photographic identification, such as a name 3753 tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's 3754 license and all other required licenses for the type of vehicle that is being operated. 3755 36.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3700 of 3756 the California Labor Code that require every employer to be insured against liability for Workers' 3757 Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the 3758 performance of the Services, Contractor shall not, in any manner, employ any person or contract with any 3759 person such that any part of this Agreement is performed by such a person as would be subject to the workers' 3760 compensation laws of the State of California unless and until Contractor gives City a certificate of consent to 3761 self-insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor 3762 hires any Subcontractor who has employees to perform any part thereof, then Contractor shall either require 3763 the Subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3764 Compensation Insurance Coverage for the Subcontractor's employees. Before commencing performance 3765 under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance 3766 Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of 3767 subrogation in favor of City for all work performed by Contractor, its employees, its agents, and its 3768 Subcontractors.
3769 36.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the 3770 prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any 3771 and all Subcontractors, if any, and shall require any Subcontractors to maintain all applicable federal, state, 3772 and local licenses required for the work they are assigned to perform. Contractor shall require any 3773 Subcontractors performing work in the City to enter into a written contract that requires such Subcontractors 3774 to agree they are independent contractors and have no other agency relationship with City. 3775 Article 37. Exempt Waste
3776 37.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such 3777 services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if 3778 provided by Contractor must be in strict compliance with all Applicable Laws.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 109 of 175
3779 Article 38. Independent Contractor
3780 38.01 In the performance of services pursuant to this Agreement, Contractor is an independent 3781 contractor and not an officer, agent, servant, or employee of City. Contractor will have exclusive control of 3782 the details of the services and work performed, and over all persons performing such services and work. 3783 Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and 3784 Subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or Subcontractors 3785 will obtain any right to retirement benefits, Workers Compensation benefits, or any other benefits which 3786 accrued to City employees, and Contractor expressly waives any claim to such benefits. 3787 38.02 Subcontractors. Contractor will require all Subcontractors performing work in the City to 3788 enter into a contract containing the provisions set forth in the preceding subsection, in which contract the 3789 Subcontractor agrees that Contractor and Subcontractor are independent contractors and have no other 3790 agency relationship with City.
3791 Article 39. Laws to Govern
3792 39.01 The laws of the State of California govern the rights, obligations, duties, and liabilities of 3793 City and Contractor under this Agreement, and governs the interpretation of this Agreement. 3794 Article 40. Assignment
3795 40.01 No assignment of this Agreement or any right occurring under this Agreement may be 3796 made in whole or in part by Contractor without the express prior written consent of the City. City will have full 3797 discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. 3798 Any assignment of this Agreement made by Contractor without the express written consent of the City will be 3799 null and void and will be grounds for City to declare a default of this Agreement and immediately terminate 3800 this Agreement by giving written notice to Contractor, and upon the date of such notice this Agreement will 3801 be deemed immediately terminated, and upon such termination all liability of City under this Agreement to 3802 Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate 3803 with other contractors for the services that are the subject of this Agreement. In the event of any assignment 3804 approved by City, the assignee must fully assume all the liabilities of Contractor by way of an assignment and 3805 assumption agreement. The sale, assignment, transfer, or other disposition, on a cumulative basis, of 3806 twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or 3807 more of the voting power of Contractor (whether Contractor is a corporation, limited liability company, 3808 partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement, 3809 requiring prior written consent of the City; provided, however, that a sale, assignment, or transfer of the 3810 ownership interest or voting power in Contractor by the owner of such interest or power to members of the 3811 owner’s family or a trust for the benefit of his family to Contractor shall not constitute an assignment requiring 3812 City’s consent. Further, the involvement of Contractor or its assets in any transaction or series of transactions 3813 (by way of merger, sale, acquisition, financing, transfer, leveraged buyout, or otherwise), whether or not a 3814 formal assignment of this Agreement, which reduces Contractor’s assets or net worth by twenty-five percent Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 110 of 175
3815 (25%) or more, shall also constitute an assignment for purposes of this Agreement, also requiring prior written 3816 consent of the City. Upon notification to the City of any proposed assignment, Contractor shall provide to the 3817 City a payment of one hundred fifty thousand dollars ($150,000) for the City to perform its due diligence 3818 related to the requested assignment.
3819 40.02 The use of a Subcontractor to perform services under this Agreement will not constitute 3820 delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement 3821 Administrator to subcontract such services and the Agreement Administrator has approved a Subcontractor 3822 who will perform such services. Contractor will be responsible for directing the work of Contractor’s 3823 Subcontractors, and any compensation due or payable to Contractor’s Subcontractor will be the sole 3824 responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any 3825 approved Subcontractor for reasonable cause.
3826 Article 41. Compliance with Laws
3827 41.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, 3828 including, without limitation, the Sebastopol Municipal Code. 3829 41.02 City shall provide written notice to Contractor of any planned amendment of the Sebastopol 3830 Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this 3831 Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval 3832 of such an amendment.
3833 Article 42. Permits and Licenses
3834 42.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or 3835 ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement. Contractor 3836 must provide proof of such permits, licenses, or approvals and must demonstrate compliance with the terms 3837 and conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator. 3838 42.02 The Contractor must procure and maintain a valid City Business License throughout the 3839 Term of the Agreement.
3840 Article 43. Ownership of Written Materials
3841 43.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, 3842 public education materials, and other similar written, printed, electronic, or photographic materials developed 3843 by Contractor at the request of City or as required under this Agreement and intended for public use, without 3844 limitation or restrictions on the use of such materials by City. Contractor may not use such materials that 3845 specifically reference City for other purposes without the prior written consent of the Agreement Administrator. 3846 This Article 43does not apply to ideas or concepts described in such materials and does not apply to the 3847 format of such materials.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 111 of 175
3848 Article 44. Waiver
3849 44.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition 3850 of this Agreement must be in writing signed by the waiving party and will not be deemed to be a waiver of 3851 any other term, covenant, or condition or any subsequent breach for violation of the same or of any other 3852 term, covenant, or condition. The subsequent acceptance by City of any fee, tax, or any other monies which 3853 may become due from Contractor to City will not be deemed to be a waiver by City of any breach for violation 3854 of any term, covenant, or condition of this Agreement. 3855 Article 45. Prohibition Against Gifts
3856 45.01 Contractor represents that Contractor is familiar with City’s prohibition against the 3857 acceptance of any gift by a City officer or designated employee. Contractor may not offer any City officer or 3858 designated employee any gifts prohibited by the City. 3859 Article 46. Point of Contact
3860 46.01 The day-to-day dealings between Contractor and City will be between Contractor and the 3861 Agreement Administrator.
3862 Article 47. Notices
3863 47.01 Except as provided in this Agreement, whenever either party desires to give notice to the 3864 other, it must be given by written notice addressed to the party for whom it is intended, at the place last 3865 specified, and to the place for giving of notice in compliance with the provisions of this Section. For the 3866 present, the parties designate the following as the respective persons and places for giving of notice:
3867 As to the City:
3868 ________________
3869 ________________
3870 ________________
3871 As to the Contractor:
3872 ________________
3873 ________________
3874 ________________
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 112 of 175
3875 47.02 Notices given by personal delivery shall be effective immediately. Notices given by mail 3876 shall be deemed to have been delivered forty-eight (48) hours after having been deposited in the United 3877 States mail. Changes in the respective address to which such notice is to be directed may be made by written 3878 notice.
3879 47.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint 3880 may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor 3881 through the Customer Service System by the end of the Workday. 3882 Article 48. Transition to Next Contractor
3883 48.01 In the event Contractor is not awarded an extension or new contract to continue to provide 3884 Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will 3885 cooperate fully with City and any subsequent contractors to assure a smooth transition of services described 3886 in this Agreement, subject to compliance with data protection laws. Such cooperation will include, but not be 3887 limited to, transfer of computer data, files, and tapes; providing routing information, route maps, vehicle fleet 3888 information, and list of Service Recipients; providing a complete inventory of all Collection Containers; 3889 providing adequate labor and equipment to complete performance of all Solid Waste Collection required 3890 under this Agreement; taking reasonable actions necessary to transfer ownership of carts and bins, as 3891 appropriate, to City, including transporting such Containers to a location designated by the Agreement 3892 Administrator; coordinating Collection of Materials set out in new Containers if new Containers are provided 3893 for a subsequent Agreements; and providing other reports and data required by this Agreement. Contractor 3894 shall also provide City with the number of employees who are performing services under the service contract 3895 and the wage rates, benefits, and job classifications of those employees, and otherwise comply with all 3896 requirements articulated under California Labor Code, Division 2, Part 3, Chapter 4.6, Section 1072(c)(1). 3897 Article 49. Entire Agreement
3898 49.01 This Agreement and the attached Exhibits constitute the entire Agreement and 3899 understanding between the parties, and the Agreement will not be considered modified, altered, changed, or 3900 amended in any respect unless in writing and signed by the parties. 3901 Article 50. Severability
3902 50.01 If any provision of this Agreement or the application of it to any person or situation is to any 3903 extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions 3904 to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, 3905 will continue in full force and effect, and will be enforced to the fullest extent permitted by law.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 113 of 175
3906 Article 51. Right to Require Performance
3907 51.01 The failure of City at any time to require performance by Contractor of any provision of this 3908 Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any 3909 breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such 3910 provision or as a waiver of any provision itself.
3911 Article 52. All Prior Agreements Superseded
3912 52.01 This Agreement incorporates and includes all prior negotiations, correspondence, 3913 conversations, agreements, and understandings applicable to the matters contained in this Agreement, and 3914 the parties agree that there are no commitments, agreements, or understandings concerning the subject 3915 matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation 3916 from the terms of this Agreement will be predicated upon any prior representations or agreements, whether 3917 oral or written.
3918 Article 53. Headings
3919 53.01 Headings in this document are for convenience of reference only and are not to be 3920 considered in any interpretation of this Agreement. 3921 Article 54. Exhibits
3922 54.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each 3923 such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any 3924 conflicts between this Agreement and the Exhibits, then this Agreement shall take priority. 3925 Article 55. Commencement Date
3926 55.01 This Agreement will become effective when it is properly executed by City and Contractor, 3927 and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025. 3928
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 114 of 175
3929 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 3930 date(s) below each signature.
3931 CITY OF SEBASTOPOL CONTRACTOR
3932 A General Law City
3933 By: ________________________ By: ________________________ 3934
3935
3936 Title: _______________________ By: _____________________________ 3937 President
3938
3939 ATTEST: ____________________ By: __________________________ 3940 City Clerk
3941 APPROVED AS TO FORM
3942 City Attorney _____________________________
3943 Secretary
3944 By: _________________________
3945
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 115 of 175
3946 Exhibit 1A
3947 Maximum Service Rates (Alternative 1)
3948
3949
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month $20.20 $35.30 $64.43 $107.53 Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month $17.16 $30.01 $54.77 $91.41 Additional Trash Cart each cart $20.20 $35.30 $64.43 $107.53 Additional Recycling Cart each cart n/a n/a n/a $32.62
Additional Organic Waste Cart each cart n/a n/a n/a $38.50 Restart of Service (Auto-Resume Fee) per occurrence $61.93 $61.93 $61.93 $61.93 Cart Delivery per occurrence $0.00 $0.00 $0.00 $0.00
Cart Removal per occurrence $0.00 $0.00 $0.00 $0.00
Cart Exchange per occurrence $0.00 $0.00 $0.00 $0.00
Residential Cart Replacement Fee per occurrence $197.04 $197.04 $197.04 $197.04 Additional cart exchange (after 1st) per occurrence $30.78 $30.78 $30.78 $30.78 Additonal pick-up per occurrence $38.92 $38.92 $38.92 $38.92 Service call back for late cart placement per occurrence $39.40 $39.40 $39.40 $39.40 Extra bag fee per occurrence $12.38 $12.38 $12.38 $12.38 SFD Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Sonoma County Resource Recovery, LLC
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/01/2025 (15-Year Term)
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 116 of 175
3950
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $55.80 $111.59 $167.39 $223.18 $278.98 $334.78 64-Gallon Cart $74.92 $149.85 $224.77 $299.70 $374.62 $449.55 96-Gallon Cart $109.46 $218.93 $328.39 $437.85 $547.32 $656.78 1-CY Bin $421.64 $740.12 $1,066.33 $1,433.77 $1,802.20 $2,170.64 2-CY Bin $500.85 $966.58 $1,271.11 $1,832.55 $2,277.03 $2,721.52 3-CY Bin $698.31 $1,352.83 $1,933.85 $2,516.66 $3,103.14 $3,879.62 4-CY Bin $790.66 $1,735.42 $2,489.49 $3,271.88 $3,980.88 $4,729.61 6-CY Bin $1,120.39 $2,082.51 $3,062.07 $4,057.13 $5,135.34 $6,148.49 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart n/a n/a n/a n/a n/a n/a
96-Gallon Cart $66.19 $132.38 $198.56 $264.75 $330.94 $397.13 1-CY Bin $123.28 $318.57 $477.90 $637.17 $796.47 $955.76 2-CY Bin $268.22 $693.09 $1,004.18 $1,386.28 $1,732.85 $2,079.47 3-CY Bin $434.87 $1,068.73 $1,527.74 $1,988.16 $2,451.48 $3,064.90 4-CY Bin $601.48 $1,370.98 $1,966.70 $2,584.78 $3,144.90 $3,736.39 6-CY Bin $804.64 $1,686.83 $2,510.90 $3,326.84 $4,262.33 $5,164.73 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $76.69 $277.17 $415.77 $554.35 $692.95 $831.54 96-Gallon Cart $107.42 $388.25 $582.39 $776.47 $970.61 $1,164.72 1-CY Bin $174.34 $452.84 $679.27 $905.67 $1,132.10 $1,358.53 2-CY Bin $328.72 $849.63 $1,274.44 $1,699.25 $2,124.07 $2,548.88 3-CY Bin $458.29 $1,190.37 $1,785.53 $2,380.71 $2,975.88 $3,571.06 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $76.69 $277.17 $415.77 $554.35 $692.95 $831.54 96-Gallon Cart $107.42 $388.25 $582.39 $776.47 $970.61 $1,164.72 1-CY Bin $174.34 $452.84 $679.27 $905.67 $1,132.10 $1,358.53 2-CY Bin $328.72 $849.63 $1,274.44 $1,699.25 $2,124.07 $2,548.88 3-CY Bin $458.29 $1,190.37 $1,785.53 $2,380.71 $2,975.88 $3,571.06 4-CY Bin $589.47 $1,531.08 $2,296.62 $3,062.15 $3,827.71 $4,593.25 6-CY Bin n/a n/a n/a n/a n/a n/a
32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $119.85 $309.75 $464.62 $619.49 $774.35 $929.24 96-Gallon Cart $167.81 $433.64 $650.44 $867.25 $1,084.05 $1,300.89 1-CY Bin $214.95 $558.32 $837.48 $1,116.63 $1,395.79 $1,674.95 2-CY Bin $408.22 $1,060.31 $1,590.45 $2,120.63 $2,650.78 $3,180.94 Cart/Bin Exchange/Steam Clean (each additional cPer Occurrence $29.44 Cart/Bin Replacement (no charge if company fault)Per Occurrence $591.10 (insert additional service or containers w/ frequencPer Occurrence $0.00 Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Food Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Recycling (Additional Containers) Multi-family Dwelling Organic Waste (Green Waste and Food Waste) (Additional Containers) Rate Schedule Effective 7/1/2025 (15-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Service Descriptions
Collection Frequency
Sonoma County Resource Recovery, LLC
Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 117 of 175
3951
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $55.80 $111.59 $167.39 $223.18 $278.98 $334.78 64-Gallon Cart $74.92 $149.85 $224.77 $299.70 $374.62 $449.55 96-Gallon Cart $109.46 $218.93 $328.39 $437.85 $547.32 $656.78 1-CY Bin $421.64 $740.12 $1,066.33 $1,433.77 $1,802.20 $2,170.64 2-CY Bin $500.85 $966.58 $1,271.11 $1,832.55 $2,277.03 $2,721.52 3-CY Bin $698.31 $1,352.83 $1,933.85 $2,516.66 $3,103.14 $3,879.62 4-CY Bin $790.66 $1,735.42 $2,489.49 $3,271.88 $3,980.88 $4,729.61 6-CY Bin $1,120.39 $2,082.51 $3,062.07 $4,057.13 $5,135.34 $6,148.49 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart n/a n/a n/a n/a n/a n/a
96-Gallon Cart $66.19 $132.38 $198.56 $264.75 $330.94 $397.13 1-CY Bin $123.28 $318.57 $477.90 $637.17 $796.47 $955.76 2-CY Bin $268.22 $693.09 $1,004.18 $1,386.28 $1,732.85 $2,079.47 3-CY Bin $434.87 $1,068.73 $1,527.74 $1,988.16 $2,451.48 $3,064.90 4-CY Bin $601.48 $1,370.98 $1,966.70 $2,584.78 $3,144.90 $3,736.39 6-CY Bin $804.64 $1,686.83 $2,510.90 $3,326.84 $4,262.33 $5,164.73 32-Gallon Cart $50.08 n/a n/a n/a n/a n/a
64-Gallon Cart $76.69 $277.17 $415.77 $554.35 $692.95 $831.54 96-Gallon Cart $107.42 $388.25 $582.39 $776.47 $970.61 $1,164.72 1-CY Bin $174.34 $452.84 $679.27 $905.67 $1,132.10 $1,358.53 2-CY Bin $328.72 $849.63 $1,274.44 $1,699.25 $2,124.07 $2,548.88 32-Gallon Cart $50.08 n/a n/a n/a n/a n/a
64-Gallon Cart $76.69 $277.17 $415.77 $554.35 $692.95 $831.54 96-Gallon Cart $107.42 $388.25 $582.39 $776.47 $970.61 $1,164.72 1-CY Bin $174.34 $452.84 $679.27 $905.67 $1,132.10 $1,358.53 2-CY Bin $328.72 $849.63 $1,274.44 $1,699.25 $2,124.07 $2,548.88 3-CY Bin $458.29 $1,190.37 $1,785.53 $2,380.71 $2,975.88 $3,571.06 4-CY Bin $589.47 $1,531.08 $2,296.62 $3,062.15 $3,827.71 $4,593.25 6-CY Bin n/a n/a n/a n/a n/a n/a
32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $119.85 $309.75 $464.62 $619.49 $774.35 $929.24 96-Gallon Cart $167.81 $433.64 $650.44 $867.25 $1,084.05 $1,300.89 1-CY Bin $214.95 $558.32 $837.48 $1,116.63 $1,395.79 $1,674.95 2-CY Bin $408.22 $1,060.31 $1,590.45 $2,120.63 $2,650.78 $3,180.94 Cart/Bin Exchange/Steam Clean (each additional cPer Occurrence $29.44 Cart/Bin Replacement (no charge if company fault)Per Occurrence $591.10 (insert additional service or containers w/ frequencPer Occurrence $0.00 Sonoma County Resource Recovery, LLC
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 7/1/2025 (15-Year Term)
Commercial Trash (Note: Trash rate includes bundled rates that include 1x/week collection of 96-Gallon Recycling and 96-Gallon Organic Waste)
Service Descriptions
Collection Frequency
Commercial Other / Additional Services
Commercial Recycling (Additional Containers)
Commercial Organic Waste (Green Waste and Food Waste) (Additional Containers) Commercial Yard Waste Only (if applicable) (Additional Containers) Commercial Food Waste Only (if applicable)
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 118 of 175
3952
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 119 of 175
3953
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Push Rate - 25 feet $32.97 $68.42 $102.63 $136.84 $171.04 $205.25 Push Rate - 50 feet $65.91 $136.77 $205.15 $273.53 $341.92 $410.30 Push Rate - 75 feet $98.88 $205.19 $307.78 $410.37 $512.96 $615.56 Push Rate - 100 feet $134.39 $278.87 $418.30 $557.74 $697.17 $836.60 Service Descriptions Frequency Proposed Rate
Stinger / Scout Service Fee Per Occurrence n/a Per Pull $630.13 Locking Bin, Lock on Gate Monthly $8.69 Per Pull $720.15 Trip Charge/Dry Run Per Occurrence $301.51 Per Pull $810.18 Restart of Service (auto resume fee) Per Occurrence $60.30 Per Pull $1,080.24 Setup Fee Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00
Delivery Charge Commercial Carts Per Occurrence $0.00
Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $29.96
Recycling Contamination Fee Per Occurrence $38.68
Organics Contamination Fee Per Occurrence $38.68
Overage Fee Per Occurrence $54.99
Emergency Services (Section 20.01) Per Occurrence Per event plan Compactor per pull plus process or disposal Per Occurrence $1,080.24 Service call back if unable to service Per Occurrence $337.84 Additional bulky item pickup after two free a Per Occurrence $90.02 Overage Fee Bins Per Yard $38.68
Excess large item collection beyond four cu Per Occurrence $45.01 Form K, Tab D: Additional Services Maximum Service Rates Sonoma County Resource Recovery, LLC
Other Services
Push Rate (Monthly)
10-Cubic-Yard Container per pull
20-Cubic-Yard Container per pull
30-Cubic-Yard Container per pull
40-Cubic-Yard Container per pull
Rate Schedule Effective 7/1/2025 (15-Year Term)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) Service Descriptions
Collection Frequency
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 120 of 175
3954 Exhibit 1B
3955 Maximum Service Rates (Alternative 2)
3956 Year One, Effective 7/01/2025
3957
3958
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month $18.31 $32.00 $58.41 $97.48 Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month $15.56 $27.20 $49.65 $82.86 Additional Trash Cart each cart $18.31 $32.00 $58.41 $97.48 Additional Recycling Cart each cart n/a n/a n/a $29.57
Additional Organic Waste Cart each cart n/a n/a n/a $34.90 Restart of Service (Auto-Resume Fee) per occurrence $56.14 $56.14 $56.14 $56.14 Cart Delivery per occurrence $0.00 $0.00 $0.00 $0.00
Cart Removal per occurrence $0.00 $0.00 $0.00 $0.00
Cart Exchange per occurrence $0.00 $0.00 $0.00 $0.00
Residential Cart Replacement Fee per occurrence $178.62 $178.62 $178.62 $178.62 Additional cart exchange (after 1st) per occurrence $27.90 $27.90 $27.90 $27.90 Additonal pick-up per occurrence $35.29 $35.29 $35.29 $35.29 Service call back for late cart placement per occurrence $35.72 $35.72 $35.72 $35.72 Extra bag fee per occurrence $11.23 $11.23 $11.23 $11.23 SFD Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Sonoma County Resource Recovery, LLC
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/1/2025 (15-Year Term)
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 121 of 175
3959
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $50.58 $101.16 $151.74 $202.32 $252.90 $303.48 64-Gallon Cart $67.92 $135.84 $203.76 $271.68 $339.60 $407.52 96-Gallon Cart $99.23 $198.46 $297.69 $396.92 $496.15 $595.38 1-CY Bin $382.22 $670.93 $966.64 $1,299.73 $1,633.72 $1,967.71 2-CY Bin $454.03 $876.22 $1,152.28 $1,661.23 $2,064.16 $2,467.09 3-CY Bin $633.03 $1,226.36 $1,753.06 $2,281.39 $2,813.04 $3,516.93 4-CY Bin $716.74 $1,573.18 $2,256.76 $2,966.00 $3,608.72 $4,287.45 6-CY Bin $1,015.65 $1,887.82 $2,775.81 $3,677.84 $4,655.25 $5,573.69 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart n/a n/a n/a n/a n/a n/a
96-Gallon Cart $60.00 $120.00 $180.00 $240.00 $300.00 $360.00 1-CY Bin $111.76 $288.79 $433.22 $577.61 $722.01 $866.41 2-CY Bin $243.15 $628.30 $910.30 $1,256.68 $1,570.85 $1,885.06 3-CY Bin $394.22 $968.82 $1,384.92 $1,802.30 $2,222.30 $2,778.38 4-CY Bin $545.25 $1,242.81 $1,782.84 $2,343.14 $2,850.89 $3,387.09 6-CY Bin $729.41 $1,529.13 $2,276.16 $3,015.83 $3,863.86 $4,681.90 32-Gallon Cart $45.40 n/a n/a n/a n/a n/a
64-Gallon Cart $69.52 $251.26 $376.90 $502.52 $628.16 $753.81 96-Gallon Cart $97.38 $351.95 $527.94 $703.88 $879.87 $1,055.83 1-CY Bin $158.04 $410.51 $615.77 $821.00 $1,026.26 $1,231.52 2-CY Bin $297.99 $770.20 $1,155.30 $1,540.40 $1,925.50 $2,310.60 3-CY Bin $415.45 $1,079.08 $1,618.60 $2,158.15 $2,697.68 $3,237.22 32-Gallon Cart $45.40 n/a n/a n/a n/a n/a
64-Gallon Cart $69.52 $251.26 $376.90 $502.52 $628.16 $753.81 96-Gallon Cart $97.38 $351.95 $527.94 $703.88 $879.87 $1,055.83 1-CY Bin $158.04 $410.51 $615.77 $821.00 $1,026.26 $1,231.52 2-CY Bin $297.99 $770.20 $1,155.30 $1,540.40 $1,925.50 $2,310.60 3-CY Bin $415.45 $1,079.08 $1,618.60 $2,158.15 $2,697.68 $3,237.22 4-CY Bin $534.36 $1,387.95 $2,081.92 $2,775.88 $3,469.87 $4,163.84 6-CY Bin n/a n/a n/a n/a n/a n/a
32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $108.65 $280.79 $421.18 $561.58 $701.96 $842.37 96-Gallon Cart $152.12 $393.10 $589.63 $786.18 $982.71 $1,179.27 1-CY Bin $194.85 $506.12 $759.19 $1,012.24 $1,265.30 $1,518.36 2-CY Bin $370.06 $961.18 $1,441.76 $1,922.38 $2,402.96 $2,883.57 Cart/Bin Exchange/Steam Clean (each additional cPer Occurrence $26.69 Cart/Bin Replacement (no charge if company fault)Per Occurrence $535.84 (insert additional service or containers w/ frequencPer Occurrence $0.00 Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Food Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Recycling (Additional Containers) Multi-family Dwelling Organic Waste (Green Waste and Food Waste) (Additional Containers) Rate Schedule Effective 7/1/2025 (15-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Service Descriptions
Collection Frequency
Sonoma County Resource Recovery, LLC
Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 122 of 175
3960
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 123 of 175
3961
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 124 of 175
3962
3963
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Push Rate - 25 feet $29.89 $62.02 $93.03 $124.04 $155.05 $186.07 Push Rate - 50 feet $59.75 $123.98 $185.97 $247.96 $309.95 $371.94 Push Rate - 75 feet $89.64 $186.00 $279.00 $372.01 $465.01 $558.01 Push Rate - 100 feet $121.83 $252.80 $379.20 $505.59 $631.99 $758.39 Service Descriptions Frequency Proposed Rate
Stinger / Scout Service Fee Per Occurrence n/a Per Pull $571.22 Locking Bin, Lock on Gate Monthly $7.88 Per Pull $652.83 Trip Charge/Dry Run Per Occurrence $273.32 Per Pull $734.44 Restart of Service (auto resume fee) Per Occurrence $54.66 Per Pull $979.25 Setup Fee Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00
Delivery Charge Commercial Carts Per Occurrence $0.00
Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $27.16
Recycling Contamination Fee Per Occurrence $35.06
Organics Contamination Fee Per Occurrence $35.06
Overage Fee Per Occurrence $49.85
Emergency Services (Section 20.01) Per Occurrence Per event plan Compactor per pull plus process or disposal Per Occurrence $979.25 Service call back if unable to service Per Occurrence $306.26 Additional bulky item pickup after two free a Per Occurrence $81.60 Excess large item collection beyond four cu Per Occurrence $40.80 Form K, Tab D: Additional Services Maximum Service Rates Sonoma County Resource Recovery, LLC
Other Services
Push Rate (Monthly)
10-Cubic-Yard Container per pull
20-Cubic-Yard Container per pull
30-Cubic-Yard Container per pull
40-Cubic-Yard Container per pull
Rate Schedule Effective 7/1/2025 (15-Year Term)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) Service Descriptions
Collection Frequency
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 125 of 175
3964 Year Two, Effective 7/01/2026
3965
3966
3967
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month $20.10 $35.14 $64.13 $107.03 Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month $17.08 $29.87 $54.52 $90.98 Additional Trash Cart each cart $20.10 $35.14 $64.13 $107.03 Additional Recycling Cart each cart n/a n/a n/a $32.47
Additional Organic Waste Cart each cart n/a n/a n/a $38.32 Restart of Service (Auto-Resume Fee) per occurrence $61.64 $61.64 $61.64 $61.64 Cart Delivery per occurrence $0.00 $0.00 $0.00 $0.00
Cart Removal per occurrence $0.00 $0.00 $0.00 $0.00
Cart Exchange per occurrence $0.00 $0.00 $0.00 $0.00
Residential Cart Replacement Fee per occurrence $196.12 $196.12 $196.12 $196.12 Additional cart exchange (after 1st) per occurrence $30.63 $30.63 $30.63 $30.63 Additonal pick-up per occurrence $38.74 $38.74 $38.74 $38.74 Service call back for late cart placement per occurrence $39.22 $39.22 $39.22 $39.22 Extra bag fee per occurrence $12.33 $12.33 $12.33 $12.33 SFD Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Sonoma County Resource Recovery, LLC
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/1/2026 (15-Year Term)
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 126 of 175
3968
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $55.54 $111.07 $166.61 $222.15 $277.68 $333.22 64-Gallon Cart $74.58 $149.15 $223.73 $298.30 $372.88 $447.46 96-Gallon Cart $108.95 $217.91 $326.86 $435.82 $544.77 $653.73 1-CY Bin $419.68 $736.68 $1,061.37 $1,427.10 $1,793.82 $2,160.55 2-CY Bin $498.52 $962.09 $1,265.20 $1,824.03 $2,266.45 $2,708.86 3-CY Bin $695.07 $1,346.54 $1,924.86 $2,504.97 $3,088.72 $3,861.59 4-CY Bin $786.98 $1,727.35 $2,477.92 $3,256.67 $3,962.38 $4,707.62 6-CY Bin $1,115.18 $2,072.83 $3,047.84 $4,038.27 $5,111.47 $6,119.91 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart n/a n/a n/a n/a n/a n/a
96-Gallon Cart $65.88 $131.76 $197.64 $263.52 $329.40 $395.28 1-CY Bin $122.71 $317.09 $475.67 $634.21 $792.76 $951.31 2-CY Bin $266.98 $689.87 $999.51 $1,379.84 $1,724.79 $2,069.80 3-CY Bin $432.85 $1,063.77 $1,520.64 $1,978.92 $2,440.09 $3,050.66 4-CY Bin $598.68 $1,364.61 $1,957.55 $2,572.77 $3,130.28 $3,719.02 6-CY Bin $800.90 $1,678.99 $2,499.23 $3,311.38 $4,242.52 $5,140.73 32-Gallon Cart $49.85 n/a n/a n/a n/a n/a
64-Gallon Cart $76.33 $275.89 $413.84 $551.77 $689.72 $827.68 96-Gallon Cart $106.92 $386.44 $579.68 $772.86 $966.10 $1,159.30 1-CY Bin $173.53 $450.74 $676.11 $901.46 $1,126.84 $1,352.21 2-CY Bin $327.19 $845.68 $1,268.52 $1,691.36 $2,114.19 $2,537.03 3-CY Bin $456.16 $1,184.83 $1,777.23 $2,369.64 $2,962.05 $3,554.47 32-Gallon Cart $49.85 n/a n/a n/a n/a n/a
64-Gallon Cart $76.33 $275.89 $413.84 $551.77 $689.72 $827.68 96-Gallon Cart $106.92 $386.44 $579.68 $772.86 $966.10 $1,159.30 1-CY Bin $173.53 $450.74 $676.11 $901.46 $1,126.84 $1,352.21 2-CY Bin $327.19 $845.68 $1,268.52 $1,691.36 $2,114.19 $2,537.03 3-CY Bin $456.16 $1,184.83 $1,777.23 $2,369.64 $2,962.05 $3,554.47 4-CY Bin $586.73 $1,523.97 $2,285.95 $3,047.92 $3,809.91 $4,571.90 6-CY Bin n/a n/a n/a n/a n/a n/a
32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $119.29 $308.31 $462.46 $616.61 $770.75 $924.92 96-Gallon Cart $167.03 $431.62 $647.42 $863.22 $1,079.02 $1,294.84 1-CY Bin $213.95 $555.72 $833.59 $1,111.44 $1,389.30 $1,667.16 2-CY Bin $406.32 $1,055.38 $1,583.05 $2,110.78 $2,638.45 $3,166.15 Cart/Bin Exchange/Steam Clean (each additional cPer Occurrence $29.31 Cart/Bin Replacement (no charge if company fault)Per Occurrence $588.35 (insert additional service or containers w/ frequencPer Occurrence $0.00 Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Food Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Recycling (Additional Containers) Multi-family Dwelling Organic Waste (Green Waste and Food Waste) (Additional Containers) Rate Schedule Effective 7/1/2026 (15-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Service Descriptions
Collection Frequency
Sonoma County Resource Recovery, LLC
Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 127 of 175
3969
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 128 of 175
3970
1/week 2/week 3/week 4/week 5/week 6/week
1-CY Bin $336.38 $672.75 $1,009.12 $1,345.49 $1,681.87 $2,018.26 2-CY Bin $585.18 $1,170.37 $1,755.55 $2,340.73 $2,925.92 $3,511.10 3-CY Bin $834.19 $1,668.40 $2,502.60 $3,336.79 $4,171.00 $5,005.20 4-CY Bin $995.75 $1,991.51 $2,987.27 $3,983.03 $4,978.77 $5,974.52 6-CY Bin $1,231.10 $2,462.18 $3,693.29 $4,924.37 $6,155.47 $7,386.55 10-CY Roll-Off Container, per pull plus process or
disposal rate $300.00 $600.00 $900.00 $1,200.00 $1,500.00 $1,800.00 20-CY Roll-Off Container, per pull plus process or
disposal rate $325.00 $650.00 $975.00 $1,300.00 $1,625.00 $1,950.00 30-CY Roll-Off Container, per pull plus process or
disposal rate $350.00 $700.00 $1,050.00 $1,400.00 $1,750.00 $2,100.00 40-CY Roll-Off Container, per pull plus process or
disposal rate $400.00 $800.00 $1,200.00 $1,600.00 $2,000.00 $2,400.00 1-CY Bin $122.71 $317.09 $475.67 $634.21 $792.76 $951.31 2-CY Bin $266.98 $689.87 $1,034.89 $1,379.84 $1,724.79 $2,069.80 3-CY Bin $432.85 $1,118.72 $1,678.06 $2,237.47 $2,796.79 $3,356.11 4-CY Bin $598.68 $1,547.23 $2,320.82 $3,094.47 $3,868.05 $4,641.72 6-CY Bin $800.90 $2,069.73 $3,104.64 $4,139.51 $5,174.37 $6,209.24 10-CY Roll-Off Container, per pull plus process or
disposal rate $300.00 $600.00 $900.00 $1,200.00 $1,500.00 $1,800.00 20-CY Roll-Off Container, per pull plus process or
disposal rate $325.00 $650.00 $975.00 $1,300.00 $1,625.00 $1,950.00 30-CY Roll-Off Container, per pull plus process or
disposal rate $350.00 $700.00 $1,050.00 $1,400.00 $1,750.00 $2,100.00 40-CY Roll-Off Container, per pull plus process or
disposal rate $400.00 $800.00 $1,200.00 $1,600.00 $2,000.00 $2,400.00 1-CY Bin $173.53 $450.74 $676.11 $901.46 $1,126.84 $1,352.21 2-CY Bin $327.19 $845.68 $1,268.52 $1,691.36 $2,114.19 $2,537.03 3-CY Bin $456.16 $1,184.83 $1,777.23 $2,369.64 $2,962.05 $3,554.47 4-CY Bin $586.73 $1,523.97 $2,285.95 $3,047.92 $3,809.91 $4,571.90 6-CY Bin n/a n/a n/a n/a n/a n/a
10-CY Roll-Off Container, per pull plus process or
disposal rate $300.00 $600.00 $900.00 $1,200.00 $1,500.00 $1,800.00 20-CY Roll-Off Container, per pull plus process or
disposal rate $325.00 $650.00 $975.00 $1,300.00 $1,625.00 $1,950.00 30-CY Roll-Off Container, per pull plus process or
disposal rate $350.00 $700.00 $1,050.00 $1,400.00 $1,750.00 $2,100.00 40-CY Roll-Off Container, per pull plus process or
disposal rate $400.00 $800.00 $1,200.00 $1,600.00 $2,000.00 $2,400.00 1-CY Bin $173.53 $450.74 $676.11 $901.46 $1,126.84 $1,352.21 2-CY Bin $327.19 $845.68 $1,268.52 $1,691.36 $2,114.19 $2,537.03 3-CY Bin $456.16 $1,184.83 $1,777.23 $2,369.64 $2,962.05 $3,554.47 4-CY Bin $586.73 $1,523.97 $2,285.95 $3,047.92 $3,809.91 $4,571.90 6-CY Bin n/a n/a n/a n/a n/a n/a
10-CY Roll-Off Container, per pull plus process or
disposal rate $300.00 $600.00 $900.00 $1,200.00 $1,500.00 $1,800.00 20-CY Roll-Off Container, per pull plus process or
disposal rate $325.00 $650.00 $975.00 $1,300.00 $1,625.00 $1,950.00 30-CY Roll-Off Container, per pull plus process or
disposal rate $350.00 $700.00 $1,050.00 $1,400.00 $1,750.00 $2,100.00 40-CY Roll-Off Container, per pull plus process or
disposal rate $400.00 $800.00 $1,200.00 $1,600.00 $2,000.00 $2,400.00 1-CY Bin $176.57 $458.62 $687.95 $917.24 $1,146.55 $1,374.75 2-CY Bin $332.91 $860.48 $1,290.72 $1,720.96 $2,151.20 $2,581.44 3-CY Bin $464.15 $1,205.56 $1,808.33 $2,411.12 $3,013.89 $3,616.67 4-CY Bin $596.99 $1,550.64 $2,325.95 $3,101.26 $3,876.59 $4,651.91 6-CY Bin n/a n/a n/a n/a n/a n/a
10-CY Roll-Off Container, per pull plus process or
disposal rate $300.00 $600.00 $900.00 $1,200.00 $1,500.00 $1,800.00 20-CY Roll-Off Container, per pull plus process or
disposal rate $325.00 $650.00 $975.00 $1,300.00 $1,625.00 $1,950.00 30-CY Roll-Off Container, per pull plus process or
disposal rate $350.00 $700.00 $1,050.00 $1,400.00 $1,750.00 $2,100.00 40-CY Roll-Off Container, per pull plus process or
disposal rate $400.00 $800.00 $1,200.00 $1,600.00 $2,000.00 $2,400.00 Service call back if unable to service Per Occurrence $336.27 Trip Charge/Dry Run Per Occurrence $300.11
(insert additional service or containers w/ frequencPer Occurrence $0.00 Industrial Other / Additional Services
Industrial Trash
Industrial Recycling
Industrial Organic Waste (Green Waste and Food Waste)
Industrial Yard Waste Only
Construction and Demolition
Temporary Bin and Roll-Off Container Service
Service Descriptions
Collection Frequency
Form K, Tab C: Industrial Maximum Service Rates
Rate Schedule Effective 7/1/2026 (15-Year Term)
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 129 of 175
3971
3972
3973
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Push Rate - 25 feet $33.17 $68.83 $103.25 $137.66 $172.08 $206.50 Push Rate - 50 feet $66.31 $137.59 $206.39 $275.19 $343.99 $412.78 Push Rate - 75 feet $99.48 $206.43 $309.64 $412.85 $516.07 $619.28 Push Rate - 100 feet $135.21 $280.55 $420.83 $561.11 $701.39 $841.66 Service Descriptions Frequency Proposed Rate
Stinger / Scout Service Fee Per Occurrence n/a Per Pull $627.20 Locking Bin, Lock on Gate Monthly $8.65 Per Pull $716.81 Trip Charge/Dry Run Per Occurrence $300.11 Per Pull $806.42 Restart of Service (auto resume fee) Per Occurrence $60.02 Per Pull $1,075.22 Setup Fee Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00
Delivery Charge Commercial Carts Per Occurrence $0.00
Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $29.82
Recycling Contamination Fee Per Occurrence $38.50
Organics Contamination Fee Per Occurrence $38.50
Overage Fee Per Occurrence $54.74
Emergency Services (Section 20.01) Per Occurrence Per event plan Compactor per pull plus process or disposal Per Occurrence $1,075.22 Service call back if unable to service Per Occurrence $336.27 Additional bulky item pickup after two free a Per Occurrence $89.60 Overage Fee Bins Per Yard $38.50
Excess large item collection beyond four cu Per Occurrence $44.80 Form K, Tab D: Additional Services Maximum Service Rates Sonoma County Resource Recovery, LLC
Other Services
Push Rate (Monthly)
10-Cubic-Yard Container per pull
20-Cubic-Yard Container per pull
30-Cubic-Yard Container per pull
40-Cubic-Yard Container per pull
Rate Schedule Effective 7/1/2026 (15-Year Term)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) Service Descriptions
Collection Frequency
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 130 of 175
3974 Year Three, Effective 7/01/2027
3975
3976
3977
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month $22.07 $38.58 $70.42 $117.52 Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month $18.76 $32.79 $59.86 $99.90 Additional Trash Cart each cart $22.07 $38.58 $70.42 $117.52 Additional Recycling Cart each cart n/a n/a n/a $35.65
Additional Organic Waste Cart each cart n/a n/a n/a $42.08 Restart of Service (Auto-Resume Fee) per occurrence $67.68 $67.68 $67.68 $67.68 Cart Delivery per occurrence $0.00 $0.00 $0.00 $0.00
Cart Removal per occurrence $0.00 $0.00 $0.00 $0.00
Cart Exchange per occurrence $0.00 $0.00 $0.00 $0.00
Residential Cart Replacement Fee per occurrence $215.34 $215.34 $215.34 $215.34 Additional cart exchange (after 1st) per occurrence $33.63 $33.63 $33.63 $33.63 Additonal pick-up per occurrence $42.54 $42.54 $42.54 $42.54 Service call back for late cart placement per occurrence $43.06 $43.06 $43.06 $43.06 Extra bag fee per occurrence $13.53 $13.53 $13.53 $13.53 SFD Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Sonoma County Resource Recovery, LLC
Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/01/2027 (15-Year Term)
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 131 of 175
3978
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $60.98 $121.96 $182.94 $243.92 $304.90 $365.88 64-Gallon Cart $81.88 $163.77 $245.65 $327.54 $409.42 $491.31 96-Gallon Cart $119.63 $239.26 $358.90 $478.53 $598.16 $717.79 1-CY Bin $460.81 $808.88 $1,165.39 $1,566.96 $1,969.62 $2,372.28 2-CY Bin $547.38 $1,056.37 $1,389.19 $2,002.79 $2,488.56 $2,974.33 3-CY Bin $763.18 $1,478.50 $2,113.49 $2,750.45 $3,391.41 $4,240.03 4-CY Bin $864.10 $1,896.63 $2,720.75 $3,575.82 $4,350.69 $5,168.97 6-CY Bin $1,224.47 $2,275.96 $3,346.53 $4,434.02 $5,612.39 $6,719.66 32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart n/a n/a n/a n/a n/a n/a
96-Gallon Cart $72.34 $144.67 $217.01 $289.34 $361.68 $434.02 1-CY Bin $134.74 $348.16 $522.29 $696.37 $870.45 $1,044.54 2-CY Bin $293.14 $757.48 $1,097.46 $1,515.06 $1,893.82 $2,272.64 3-CY Bin $475.27 $1,168.02 $1,669.66 $2,172.86 $2,679.22 $3,349.62 4-CY Bin $657.35 $1,498.34 $2,149.40 $2,824.90 $3,437.05 $4,083.49 6-CY Bin $879.38 $1,843.53 $2,744.15 $3,635.89 $4,658.29 $5,644.52 32-Gallon Cart $54.73 n/a n/a n/a n/a n/a
64-Gallon Cart $83.81 $302.92 $454.40 $605.84 $757.32 $908.79 96-Gallon Cart $117.40 $424.31 $636.49 $848.60 $1,060.78 $1,272.92 1-CY Bin $190.54 $494.91 $742.37 $989.81 $1,237.27 $1,484.73 2-CY Bin $359.26 $928.55 $1,392.83 $1,857.11 $2,321.39 $2,785.66 3-CY Bin $500.86 $1,300.95 $1,951.40 $2,601.87 $3,252.33 $3,902.80 32-Gallon Cart $54.73 n/a n/a n/a n/a n/a
64-Gallon Cart $83.81 $302.92 $454.40 $605.84 $757.32 $908.79 96-Gallon Cart $117.40 $424.31 $636.49 $848.60 $1,060.78 $1,272.92 1-CY Bin $190.54 $494.91 $742.37 $989.81 $1,237.27 $1,484.73 2-CY Bin $359.26 $928.55 $1,392.83 $1,857.11 $2,321.39 $2,785.66 3-CY Bin $500.86 $1,300.95 $1,951.40 $2,601.87 $3,252.33 $3,902.80 4-CY Bin $644.23 $1,673.31 $2,509.97 $3,346.62 $4,183.29 $5,019.94 6-CY Bin n/a n/a n/a n/a n/a n/a
32-Gallon Cart n/a n/a n/a n/a n/a n/a
64-Gallon Cart $130.99 $338.52 $507.78 $677.04 $846.29 $1,015.56 96-Gallon Cart $183.39 $473.92 $710.86 $947.82 $1,184.76 $1,421.74 1-CY Bin $234.92 $610.18 $915.28 $1,220.36 $1,525.46 $1,830.54 2-CY Bin $446.14 $1,158.80 $1,738.19 $2,317.63 $2,897.02 $3,476.44 Cart/Bin Exchange/Steam Clean (each additional cPer Occurrence $32.18 Cart/Bin Replacement (no charge if company fault)Per Occurrence $646.01 (insert additional service or containers w/ frequencPer Occurrence $0.00 Sonoma County Resource Recovery, LLC
Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 7/1/2027 (15-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Service Descriptions
Collection Frequency
Multi-family Dwelling Recycling (Additional Containers) Multi-family Dwelling Organic Waste (Green Waste and Food Waste) (Additional Containers) Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Food Waste Only (if applicable) (Additional Containers) Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 132 of 175
3979
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 133 of 175
3980
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 134 of 175
3981
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Push Rate - 25 feet $36.04 $74.77 $112.16 $149.55 $186.93 $224.32 Push Rate - 50 feet $72.03 $149.47 $224.21 $298.94 $373.68 $448.42 Push Rate - 75 feet $108.07 $224.25 $336.37 $448.49 $560.61 $672.74 Push Rate - 100 feet $146.88 $304.77 $457.16 $609.55 $761.93 $914.32 Service Descriptions Frequency Proposed Rate
Stinger / Scout Service Fee Per Occurrence n/a Per Pull $688.67 Locking Bin, Lock on Gate Monthly $9.50 Per Pull $787.05 Trip Charge/Dry Run Per Occurrence $329.52 Per Pull $885.44 Restart of Service (auto resume fee) Per Occurrence $65.90 Per Pull $1,180.59 Setup Fee Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00
Delivery Charge Commercial Carts Per Occurrence $0.00
Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $32.74
Recycling Contamination Fee Per Occurrence $42.27
Organics Contamination Fee Per Occurrence $42.27
Overage Fee Per Occurrence $60.10
Emergency Services (Section 20.01) Per Occurrence Per event plan Compactor per pull plus process or disposal Per Occurrence $1,180.59 Service call back if unable to service Per Occurrence $369.23 Additional bulky item pickup after two free a Per Occurrence $98.38 Overage Fee Bins Per Yard $42.27
Excess large item collection beyond four cu Per Occurrence $49.19 20-Cubic-Yard Container per pull
30-Cubic-Yard Container per pull
40-Cubic-Yard Container per pull
Rate Schedule Effective 7/1/2027 (15-Year Term)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) Service Descriptions
Collection Frequency
Form K, Tab D: Additional Services Maximum Service Rates Sonoma County Resource Recovery, LLC
Other Services
Push Rate (Monthly)
10-Cubic-Yard Container per pull
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 135 of 175
3982 Exhibit 2
3983 List of City Facilities and Service Levels
3984 Contractor shall provide Containers for and Collection of Garbage, Recyclable Materials, and Organic 3985 Waste for all City facilities identified below in this exhibit. 3986
3987 Contractor shall also provide Collection of Garbage, Recyclable Materials, and/or Organic Waste 3988 contained in City-owned Containers located throughout the City, including City cans in downtown areas 3989 and bus stops. Servicing of all City facilities and Containers shall be provided at no additional charge to 3990 the City.
3991
Building Address
MSW
Containers
Recycling
Containers
Organics
Containers
Qty Type Qty Type Qty Type
Corporation Yard 714 Johnson St 1 4Y bin 3 96G cart
City Hall 7120 Bodega Ave 3 96G cart 2 96G cart 1 96G cart Fire Station 7425 Bodega Ave 1 2Y bin 2 96G cart
Police Station 370 Johnson St 4 96G cart 5 96G cart
Senior Center 167 High St
1 1.5Y bin 1 96G cart
1 2Y bin
Ives Park / Pool 7400 Willow St 2 2Y bin 5 96G cart 1 96G cart Libby Park 7985 Valentine Av 1 2Y bin 2 96G cart 1 96G cart Sebastopol Community Center 390 Morris St 1 4Y bin 1 3Y bin 1 2Y bin Luther Burbank Farm 7781 Bodega Ave 1 1.5Y bin
Sebastopol Regional Library 7140 Bodega Ave
West County Museum 261 S Main St 1 32G cart 1 96G cart 1 96G cart City Corp Yard Debris Boxes
1 20Y MSW 1 40Y Cardboard 1 20Y Brush
1 20Y Concrete 1 30Y Brush
3992
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 136 of 175
3993 Exhibit 3
3994 Collection Container Specifications
Cart Specifications.
All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.
Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.
Contractor must provide Carts having an approximate volume of 20, 32, 64, and 96 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer.
Carts must include wheels and handles that accommodate ease of movement by ablebodied persons, have heavy duty wheels, have attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.
Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids should be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.
Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.
Carts must be hot-stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., a serial number for carts), weight limit, images of the type of materials to be Collected, and a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City. 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. Decals/labels showing types of materials Collected in each Cart must be replaced annually.
Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 137 of 175
Bin Specifications.
Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition, and without rust or dents.
Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair.
Contractor must provide Bins having an approximate volume of 1, 2, 3, and 4 cubic yards.
Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.
Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, as well as a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish.
Bid lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the Maximum Service Rate set forth in Exhibit 1.
Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage.
Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
Roll-off Container Specifications.
Roll-off Container specifications shall be the same as Bin specifications. Roll-off Containers shall be provided in sizes 10, 20, 30, and 40 cubic yards. Compactors shall be available in sizes 10, 20, 35, and 40 cubic yards. Contractor is obligated to provide covers for Roll-Off Containers upon Customer request.
Kitchen Food Waste Pails
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 138 of 175
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to SFD and MFD Dwelling Units in the Service Area in alignment with Sections 10.04 and 11.04. Contractor will also make Kitchen Food Waste Pails available at one or more annual Contractor-hosted events, such as a paper-shredding event or a HHW drop-off event, to make it easier for MFD Dwelling Units to learn about and acquire the pails.
Upon written approval from the City, Contractor may also offer alternatives to Kitchen Food Waste Pails, such as kitchen food waste dehydrators.
Containers End of Life
Collection Containers must be recycled at the end of their useful life.
Containers Purchase
Contractor shall report all new Carts and Bins purchased pursuant to this Agreement to its address within the City and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.
SB 1383 Requirements and Timeline
All Collection Containers in circulation shall meet the requirements of SB 1383 by the mandated deadline of January 1, 2036.
3995
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 139 of 175
3996 Exhibit 4
3997 Transition Plan
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 140 of 175
3998
3999
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 141 of 175
4000
4001
4002
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 142 of 175
4003 Exhibit 5
4004 Administrative Charges and Penalties
4005 All dollar figures stated below shall increase annually by the CPI Adjustment Calculation in Section 6.05. 4006
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
a. Failure to respond to each complaint within three (3) Workdays of receipt of complaint. $200 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $500 per day.
-0- if cured in
5 days
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $200 per day. -0- if cured in
10 days
d. Failure to include all parts of quarterly and annual reports specified in Sections 22.04 and 22.05 in the submitted
reports.
$200 per day if not
cured in 10 days.
-0- if cured in
10 days
e. Failure to provide data, information, or documentation required by this Agreement within the timeframe
stipulated herein.
$100 per day. -0- if cured in
5 days
f. Failure to respond to respond to any City request for data or information, as referenced in Section 5.15, within five (5) Business Days of receipt of the request.
$100 per day. -0- if cured in
5 days
g. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1
– 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
h. Failure for Collection Cart to be compliant with
specifications of Exhibit 3 or Section 18.09.
$50 each Collection
Cart not compliant.
-0- if cured in
30 days
i. Failure for Collection Bin to be compliant with
specifications of Exhibit 3 or Section 18.09.
$100 each Collection
Bin not compliant, if not
cured in 5 days
-0- if cured in
30 days
j. Failure for Collection Container to be compliant with SB 1383 labeling requirements or the labeling requirements outlined in Section 20.10 of this Agreement.
$100 each Collection
Container not
compliant.
-0- if cured in
30 days
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 143 of 175
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
k. Failure to comply with State and Federal vehicle weight limitations, as required in Section 18.05.
$200 per incident after
twenty-five (25) such
incidents per quarter.
Cannot be
cured
l. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles, or to
otherwise be out of compliance with Section 18.08.
$100 per incident per
day.
-0- if cured in
30 days
m. Failure to Collect a missed Collection Container by close of the next Workday upon notice to Contractor, that
exceeds twenty (20) incidents within the Service Area
within any Calendar Year.
$1,000 per Calendar year, plus $10 per
incident per day.
n. Failure to repair (including removal of graffiti) or replace damaged Containers and/or Containers that are not in
good working order within the time required by this
Agreement, that exceeds twenty (20) incidents in any
Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
o. Accumulation of more than forty (40) complaints per
Quarter regarding carts left in untidy conditions (e.g., carts not left standing upright, cart lids not closed, carts left in wrong locations)
$1,000 per Quarter, plus $10 per
complaint beyond the first 40 complaints
p. Failure to maintain Collection hours as required by this Agreement. $500 per day.
-0- if not
cured in 5
days
q. Failure to have Contractor personnel in Contractorprovided uniforms. $25 per day per employee.
-0- if not
cured in 30
days
r. Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.07 and 5.10.
$500 per day for failure
to implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 144 of 175
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
s. Vehicle fluid leak incidents from Contractor Collection Vehicles, in excess of three (3) during a calendar year. $5000 per incident in excess of three (3) t. Failure of Contractor to clean up spillage or litter caused by Contractor within ninety (90) minutes upon notice from the City, in excess of five (5) incidents during a calendar year.
$100 per incident.
u. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day v. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day w. Failure to provide City with documentation verifying Diversion, as outlined in Section 8.02, was achieved.
$10,000 per Quarter.
Submit for
approval to
City and
implement
plan of
correction
within 30
days.
x. Failure to Collect holiday trees on Collection Days. $100 per day.
-0- if not
cured in 7
days
y. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day.
-0- if not
cured in 7
days
z. Failure to initially respond to a Service Recipient
complaint within one (1) Business Day.
$50 per failure to
resolve Customer
compliant or request.
-0- if not
cured in 7
days
aa. Replacement fee when requesting a new set of keys to access City Service Unit sites.
$500 per set of keys replaced, in
addition to the cost of replacing the
keys.
bb. Failure to pick up abandoned waste within twenty-four (24) hours upon request from the City. $500 per day per incident
-0- if not
cured in 3
days
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 145 of 175
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
cc. Failure to drop off a Container requested by the City in the timeframe requested, provided the City gives at least four (4) days advance notice.
$100 per day.
-0- if not
cured in 3
days
dd. Failure to comply with any other provision in this
Agreement $200 per incident
-0- if not
cured in 30
days
4007
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 146 of 175
4008 Exhibit 6
4009 Customer Service Plan
4010
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 147 of 175
4011
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 148 of 175
4012
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 149 of 175
4013
4014
4015
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
4016 12/31/2024 Page 150 of 175
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 151 of 175
4017
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 152 of 175
4018 Exhibit 7
4019 Collection Service Operations Plan
4020
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 153 of 175
4021
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 154 of 175
4022
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 155 of 175
4023
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 156 of 175
4024 Exhibit 8
4025 Processing and Disposal Facilities
4026
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 157 of 175
4027
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 158 of 175
4028 Exhibit 9
4029 Sustainability and Compliance Plan
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 159 of 175
4030
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 160 of 175
4031
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 161 of 175
4032
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 162 of 175
4033 Exhibit 10
4034 Education and Outreach Plan
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 163 of 175 4035
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 164 of 175
4036
4037
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 165 of 175
4038 Exhibit 11
4039 Acceptable Recyclable Materials
4040 Recyclable Materials include, but are not limited to:
4041
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers (both plastic and metal)
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
Juice cartons
Junk mail
Laundry bottles
Lids from jars
Magazines/catalogs
Milk cartons
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film
Plastic milk jugs
Plastic bags
Polystyrene (Styrofoam)
Rigid plastics in the form of recycle
crates, laundry baskets, five-gallon
buckets, and plastic lawn furniture
Shredded paper
Tin cans
Tissue boxes
Wrapping paper
4042
4043
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 166 of 175
4044 Exhibit 12
4045 Battery Bucket Locations
4046
Location of Facility Address Phone Location of Bucket
Fire Station Bodega Avenue In lobby
City Hall 7120 Bodega Avenue (707) 823-7863 In lobby
Sebastopol Regional Library 7140 Bodega Avenue (707) 823-7691 In lobby 4047
4048 City may add up to two additional locations.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 167 of 175
4049 Exhibit 13
4050 Street Sweeping Service
4051 Contractor shall provide street sweeping services to City during the Term in accordance with the terms 4052 and conditions of the Agreement and this Exhibit.
4053 1. Manner of Service. Contractor shall provide a Complete Sweep of all Curb Miles on all publicly 4054 maintained City Streets. Within any curb mile, Contractor shall be responsible for sweeping all 4055 curbs including median islands and the corners from any cross street intersecting the subject 4056 street. Contractor shall obey all laws governing the operation of the sweepers on a public street 4057 and shall perform its operations so that sweepers are traversing their routes in the normal 4058 direction of traffic.
4059 2. Labor and Materials. Contractor shall furnish all materials, labor, supervision, and equipment 4060 necessary to perform all work required for regularly scheduled sweeping of all public streets in the 4061 City. Within 180 days of the Effective Date, Contractor shall adopt a City-approved street 4062 sweeping schedule that follows the City-approved refuse collection schedule, including 4063 adjustments for Holidays. Exceptions resulting from equipment breakdowns shall be immediately 4064 reported to the City with a catch-up schedule.
4065 3. Unscheduled and Emergency Services. Contractor shall also provide an annual 200-hour time 4066 bank for unscheduled sweeping and related services or as otherwise assigned by the City upon 4067 one (1) Workday’s notice. Contractor shall use commercially reasonable efforts to respond to 4068 emergency incidents, including vehicle accidents, illicit discharges, and other emergencies, within 4069 two (2) hours or less depending on the severity of the incident. Contractor shall bill City directly 4070 for unscheduled sweeping and related services provided under this paragraph at an amount to be 4071 mutually agreed on between City and Contractor prior to the provision of such services. 4072 4. Maps. Contractor shall provide the street sweeping service route maps to the City Representative 4073 upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in 4074 a format that can be posted to the City website.
4075 5. Sweeping Method. Unsweepable items that impede sweeping, such as palm fronds, rocks, 4076 trash, and debris, shall be removed from the sweeping path and properly disposed of by the 4077 operator rather than being driven around. Items that impede sweeping and are immovable, such 4078 as construction debris and impaired vertical or horizontal clearance by tree limbs, shall be 4079 reported to the City immediately for correction. Contractor is not responsible for areas missed due 4080 to parked cars or other personal property. Sweeper operators shall immediately report to 4081 Contractor and the City all illicit discharges observed during routes. Contractor shall train all 4082 operators to recognize illicit discharges and stormwater pollution sources prior to work as street 4083 operators and annually thereafter, using City-approved training materials. Such training shall be 4084 documented and made available for review by the City. 4085 6. Standing Water/Drainage Problems. In areas where drainage is a problem, Contractor shall 4086 make as many passes as necessary to remove debris from standing water. In addition, all sand, 4087 dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street 4088 during the sweeping operation. If standing water is over the top of curb, then Contractor shall not 4089 be required to sweep that specific area. Sweeper operators shall report all areas with drainage 4090 problems to Contractor and City monthly, or as deemed appropriate by Contractor. 4091 7. Standards of Service. All areas swept under this Agreement shall be thoroughly cleaned. All 4092 debris shall be picked up by the sweeper unit and disposed of at Contractor's expense. Sweeping 4093 shall include the removal of all sand, gravel, dirt, litter, vegetation, and any and all other debris 4094 that accumulates between sweeps. Curb lines shall be swept along both sides of the roadway, or 4095 to the edge of pavement where no curb exists, along all curbs on raised medians, over all Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 168 of 175
4096 portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. 4097 Sweeping shall normally require one pass over an area. Contractor shall make additional passes 4098 or make such extra effort required to adequately clean the street to the satisfaction of the City. 4099 Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept path. 4100 The service standards in this Article may be reviewed and modified as conditions warrant, to 4101 maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to 4102 City.
4103 8. Water. Contractor shall obtain water services from the appropriate water utility or City for the 4104 water necessary in the street sweeping operation, and use sufficient water to prevent dust arising 4105 during sweeping operations. City will provide map of preferred hydrant locations to Contractor to 4106 be used whenever feasible. The cost of the water shall be borne by Contractor. 4107 8.1. When possible, Contractor shall use reclaimed or tertiary recycled water. 4108 8.2. Contractor shall not discharge liquid waste from the sweeper units onto City streets or 4109 into the storm drain system.
4110 8.3. Contractor shall implement best management practices when loading water into the 4111 street sweepers to prevent any overflow/potable water discharges into the storm drain 4112 system.
4113 9. Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than five (5) 4114 miles per hour in residential areas and eight (8) miles per hour in commercial areas when 4115 sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the 4116 sweeper can operate efficiently and safely at a higher speed. City will use industry standards, 4117 U.S. Environmental Protection Agency information, and the sweeper manufacturer’s 4118 recommendations on the speed of sweepers when considering greater speeds. 4119 10. Width of Sweeper Path. Contractor shall sweep all curb miles and all bike lanes when they fall 4120 within the width of standard curbside operations with all brooms down, unless parked vehicles, 4121 structures, or other objects prohibit the safe sweeping of this path width. The path shall begin at 4122 the face of the curb and include the flow line of the gutter. Unless blocked by parked cars, 4123 Garbage Carts, Recycling Carts, or Organics Carts, the face of the curb and gutter shall always 4124 be included within the sweeper path. On those residential streets with no curb, the width of the 4125 sweeper path shall be not less than eight (8) feet measured from the edge of the pavement 4126 toward the center of the street.
4127 11. Street Sweeping Frequency.
4128 11.1. Commercial Streets. Contractor shall provide street sweeping service for each curb mile 4129 of commercial streets in the City a minimum of twice per week on a scheduled route 4130 basis. However, in those instances where the scheduled street sweeping service day falls 4131 on a Holiday, Contractor may adjust the route schedule as necessary, consistent with 4132 other Integrated Solid Waste Handling Service.
4133 11.2. Residential Streets. Contractor shall provide street sweeping service for each curb mile of 4134 residential streets in the City two times per month on a scheduled route basis. However, 4135 in those instances where the scheduled street sweeping service day falls on a Holiday, 4136 Contractor may adjust the route schedule as necessary, consistent with other Integrated 4137 Solid Waste Handling Service. This specifically includes:
4138 • All public residential streets within the City limits. 4139 • Individual homeowners’ associations may negotiate directly with Contractor for more 4140 frequent street sweeping at the homeowners’ association’s expense. 4141 11.3. City-Designated Parking Areas. Contractor shall provide street sweeping service for each 4142 curb mile of designated parking areas in the City once per week on a scheduled route Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 169 of 175
4143 basis. However, in those instances where the scheduled street sweeping service day falls 4144 on a Holiday, Contractor may adjust the route schedule as necessary, consistent with 4145 other Integrated Solid Waste Handling Service.
4146 11.4. Additional Services. Upon written request from the City, Contractor shall provide 4147 additional street sweeping services beyond the scheduled sweeping routes, not 4148 exceeding two (2) hours per month, to be performed within one (1) Workday’s notice . 4149 These additional street sweeping services may include, but are not limited to, fall leaf 4150 removal, special events, construction clean-up, or emergency situations, as deemed 4151 necessary by the City.
4152 11.5. Change in Frequency. The City may direct Contractor to change the frequency of street 4153 sweeping for any City street. Contractor shall implement City-directed changes in 4154 frequency within fifteen (15) Workdays of receipt of written notice from the City 4155 Representative to adjust sweeping frequency. Any changes under this Article shall be 4156 treated as an Allowable Cost.
4157 12. Street Sweeping Hours of Service.
4158 12.1. Commercial Streets. Contractor shall provide street sweeping service on commercial 4159 streets, commencing no earlier than 4:00 a.m. and terminating no later than 7:30 a.m. 4160 Monday through Friday. Street sweeping service shall take place only on week days 4161 (Monday through Friday). The hours, days, or both of service may be extended due to 4162 extraordinary circumstances or conditions with the prior written consent of the City 4163 Representative.
4164 12.2. Residential Streets. Contractor shall provide street sweeping service on residential 4165 streets commencing no earlier than 7:00 a.m. and terminating no later than 4:00 p.m. 4166 Street sweeping service shall take only on week days (Monday through Friday). The 4167 hours, days, or both of service may be extended due to extraordinary circumstances or 4168 conditions with the prior written consent of the City Representative. Sweeping in 4169 residential areas shall be coordinated with Integrated Solid Waste Handling Service as4170 needed to ensure that sweeping occurs after collection of all Solid Waste Carts has been 4171 completed on a specific street.
4172 13. Street Changes. City and Contractor acknowledge that it may be necessary or desirable to add 4173 or delete City streets for which Contractor will provide street sweeping services or to temporarily 4174 modify sweeping schedules. City will provide notice of any such changes to Contractor which may 4175 be caused by the following:
4176 • Construction or development on or along a street. 4177 • Pavement maintenance activities, including the chip seal program or the slurry seal 4178 program.
4179 • Inclement weather when running water renders sweeping ineffective. 4180 • Special sweeping on alternative schedule.
4181 • Other legitimate reasons that make sweeping impractical as determined by the City 4182 Representative.
4183 14. Street Additions. As new streets are constructed and accepted by City, City may, at City’s sole 4184 option, designate such streets as part of the Service Area for the purposes of street sweeping 4185 services. If the City Representative designates such streets as part of the Service Area, 4186 Contractor shall provide street sweeping service on such streets under the terms and conditions 4187 of this Agreement within fifteen (15) workdays of receipt of written notice from the City 4188 Representative to begin service. Any changes under this Section shall be treated as City-directed 4189 changes under Section 30.01.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 170 of 175
4190 15. Street Deletions. City may require some City streets to be temporarily or permanently removed 4191 from the list of scheduled streets for which Contractor provides street sweeping service under this 4192 Agreement. Contractor shall immediately cease providing street sweeping service to any City 4193 Street upon receipt of written notice from the City Representative to stop such service. When a 4194 City Street has been temporarily removed from the list of scheduled streets, Contractor shall 4195 resume street sweeping service on such street in the next regularly scheduled cycle following the 4196 receipt of written notice from the City Representative to resume service. 4197 16. Revised Maps. Contractor shall revise the street sweeping service route maps to show the 4198 addition or deletion of City Streets as provided above and shall provide such revised maps to the 4199 City Representative upon request, within ninety (90) days from receipt of written notice. The maps 4200 shall be provided in a format that can be posted to the City website. 4201 17. Parking Restrictions. The City will provide written notice to Contractor of any streets where 4202 permit parking may impact scheduled street sweeping service. Contractor may be required to 4203 adjust sweeping schedules to sweep prior to the permit parking restrictions. 4204 18. Adverse Weather Conditions. Because of varying rain conditions throughout the City, 4205 Contractor may verbally request permission from the City Representative to cancel sweeping 4206 during heavy and persistent rainstorms within the Service Area. Contractor may cancel sweeping 4207 only with the prior consent of the City Representative. 4208 19. Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the 4209 street surface. If, while performing street sweeping services, any suspected Hazardous Waste is 4210 encountered, Contractor shall immediately report the location to the City Representative and to 4211 any other responsible agency.
4212 20. Disposal of Sweep Waste. Contractor may dump sweep waste in the City’s Public Works yard, 4213 to be disposed of by the City. Otherwise, Contractor shall transport and deliver all sweep waste to 4214 designated bins. Contractor will collect all bins containing sweep waste and deliver to a facility in 4215 a manner that meets AB 939 requirements. In the event the facility is closed on a workday or is 4216 otherwise unable to accept the sweep waste, Contractor shall transport and deliver the sweep 4217 waste to another legally permitted facility. Sweep waste Disposal shall not be calculated as part 4218 of the annual diversion rate, except during the times of year that the Sweeper is disposing of 4219 material considered to be Green Waste.
4220 21. Washing of Sweepers. Contractor may wash the street sweeper in the City’s Public Works yard. 4221 22. Spillage. During hauling, all sweep waste shall be contained, covered, and enclosed so that 4222 leaking, spilling, and blowing of the sweep waste is prevented. Contractor shall be responsible for 4223 the immediate clean-up of any spillage caused by Contractor. 4224 22.1. Equipment oil, hydraulic fluids, or any other liquid or debris resulting from Contractor’s 4225 operations or equipment must be covered immediately with an absorptive material and 4226 removed from the street surface. Contractor must notify City within two (2) hours of any 4227 spills resulting from Contractor’s operations or equipment. When necessary, Contractor 4228 must apply a suitable cleaning agent to the street surface to provide adequate cleaning. 4229 22.2. The above paragraphs notwithstanding, Contractor must clean up any spillage caused by 4230 Contractor within two (2) hours upon notice from the City. If City deems necessary, 4231 Contractor must engage a third-party environmental clean-up specialist to remove any 4232 equipment oil, hydraulic fluids, or any other liquid or debris that remains on street after 4233 Contractor’s own clean-up efforts. If clean-up is not conducted to satisfaction of City, City 4234 has right to engage an environmental clean-up specialist to perform additional clean-up 4235 work at the expense of Contractor.
4236 22.3. To facilitate such clean-up, Contractor’s vehicles must at all times carry sufficient 4237 quantities of petroleum absorbent materials, along with a broom and shovel.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 171 of 175
4238 23. Street Sweeping Service Routes. Not less than forty-five (45) days prior to commencement of 4239 street sweeping services, Contractor shall submit to the City Representative Service Area maps 4240 precisely defining the Sweeper Routes for review and approval by the City Representative. The 4241 route maps shall include the days of the month sweeping shall occur, the sweeping schedules in 4242 adjacent areas, the areas of the City to be swept, the start and finish of each route, the location of 4243 each dumpsite, and any special needs, such as early starts and late finishes. 4244 23.1. The City Representative may provide written comments on the preliminary maps to 4245 Contractor no later than twenty (20) Workdays after receipt of the maps from Contractor. 4246 Contractor shall revise the maps to reflect such comments and return them to the City 4247 Representative within twenty (20) Workdays after receipt of the City Representative’s 4248 comments.
4249 23.2. Upon approval by the City Representative of the final Sweeper Route maps, Contractor 4250 shall develop and maintain the Sweeping Routes on a computerized mapping system 4251 that is compatible with City’s mapping system to the extent possible. Street Sweeping 4252 maps provided to the City shall be in a format that is suitable for posting to the City 4253 website.
4254 23.3. Changes in maps shall be provided by the City, and Contractor shall update the maps in 4255 Contractor’s system every month. Such changes shall also be reflected in Contractor’s 4256 printed route maps. Contractor shall submit to the City Representative, in writing, any 4257 proposed route change (including maps thereof) not less than forty-five (45) days prior to 4258 the proposed date of implementation.
4259 23.4. The City Representative may provide written comments to Contractor on such proposed 4260 change no later than ten (10) workdays after receipt of the proposal from Contractor, and 4261 Contractor shall revise the routes to reflect such comments and return them to the City 4262 Representative within ten (10) workdays of receipt of such comments. 4263 23.5. Contractor shall not implement any route changes without the prior written approval of the 4264 City Representative. If the approved route change will change the day on which street 4265 sweeping service will occur, Contractor shall notify the affected Service Recipients of 4266 route changes not less than thirty (30) workdays before the proposed date of 4267 implementation in a manner approved by the City Representative. 4268 24. Other City Sweep Service. If, during the Term, circumstances exist that require work associated 4269 with the street sweeping service program that is not specifically provided for in this Agreement, 4270 the City Representative may require Contractor to perform such other associated work (“OAW”). 4271 Any changes under this Section shall be treated as City-directed changes under Section 30.01. 4272 24.1. When Contractor performs OAW, the labor, materials, and equipment used in the 4273 performance of such work shall be subject to the prior written approval of the City 4274 Representative.
4275 24.2. Examples of OAW that Contractor may be required to perform include: performance of 4276 special sweeps, flood clean-up, street sanitation for parades and celebrations, City 4277 requested clean-up services, and any contingency where sweeper and supporting 4278 sweeper equipment could assist in a particular instance. 4279 25. Street Sweeping Quality of Work. The standards of performance which Contractor is obligated 4280 to meet are those good street sweeping practices which leave the service area in a debris- and 4281 dirt-free condition, and use sufficient water to avoid airborne dust arising from equipment 4282 operation.
4283 26. Street Sweeping Equipment.
4284 26.1. General Provisions. All street sweeping service equipment used by Contractor in the 4285 performance of services under this Agreement shall be of a high quality and of the Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 172 of 175
4286 vacuum type in conformance with the City’s MS4 Permit. The collection vehicles shall be 4287 designed and operated to prevent collected materials from escaping from the collection 4288 vehicles. Hoppers shall be closed on top and on all sides with screening material to 4289 prevent collected materials from leaking, blowing, or falling from the collection vehicles. 4290 All sweepers shall have an operational strobe and back-up alarm and shall conform to all 4291 Federal, State, and local government safety requirements. 4292 26.2. Clean Air Collection Vehicles. During the Term, to the extent required by law, Contractor 4293 shall provide its Street Sweeping vehicles to be in full compliance with all Applicable 4294 Laws, including State and Federal clean air requirements that are adopted or proposed to 4295 be adopted, including, but not limited to, the California Air Resources Board Heavy Duty 4296 Engine Standards as currently proposed to be contained in California Code of 4297 Regulations, Title 13, Sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel 4298 Sulfur regulations, and all other applicable air pollution control laws. 4299 26.3. Vehicle Noise Level. All Street Sweeping operations shall be conducted as quietly as 4300 possible and must comply with Applicable Laws, including Federal EPA noise emission 4301 regulations, currently codified at Code of Federal Regulations, Title 40, Part 205. 4302 26.4. Reserve Equipment. Contractor shall have available to it, at all times, reserve collection 4303 and street sweeping service equipment that can be put into service and operation within 4304 one (1) hour of any breakdown. Such reserve equipment shall correspond in size and 4305 capacity to the equipment used by Contractor to perform Contractor’s duties under this 4306 Agreement.
4307 26.5. Condition of Equipment. All equipment shall be maintained in good mechanical condition, 4308 including brushes and brooms that shall be replaced at regular intervals. Contractor shall 4309 immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that leak or 4310 spill from equipment into the street or public right of way. 4311 26.6. Storage. Sweeping equipment shall not be stored in the public right of way unless 4312 mechanical failure prevents immediate removal. In the event of mechanical failure, all 4313 efforts must be made to remove the equipment from the public right of way as soon as 4314 possible. The City must approve any overnight storage in public right of way. Contractor 4315 may enter into optional Storage Agreement with City to store Sweeper equipment at City 4316 facility. In the absence of such Storage Agreement with City, sweeping equipment shall 4317 not be stored on City Property.
4318 26.7. City Inspection. All equipment is subject to inspection by the City at any time. 4319 27. Staffing. All Street Sweeper operators shall abide by the requirements set forth in this 4320 Agreement.
4321 28. Communication. Contractor shall have direct communication with all sweeping operators in the 4322 field, utilizing radios or cellular telephones. Each sweeper operator shall have the ability to 4323 communicate verbal information immediately to City staff, Police and Fire Department personnel, 4324 and residents, and to report illicit stormwater discharges and hazardous street or drainage 4325 conditions to the City. Contractor shall also report missed routes and citizen complaints and 4326 resolution to the City on a weekly basis, when applicable. 4327 28.1. Contractor shall supply a 24-hour message telephone number to the City Public Works 4328 Director so that the City can notify Contractor of traffic counter installations. 4329 28.2. Drivers shall be aware of their locations to raise their brooms and avoid destruction of 4330 traffic counter cables. Contractor shall use due diligence to avoid traffic counter cables. 4331 28.3. All Sweepers shall have a GPS tracker located in the trucks, with all data accessible to 4332 City staff.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 173 of 175
4333 29. Deficiencies and Corrections. The City may also make regular unannounced inspections of 4334 Street Sweeping locations. If a swept area is deemed to be below acceptable performance 4335 standards, the substandard section shall be re-swept within one (1) Workday of notification. 4336 Contractor shall resweep at their own expense. The City shall be notified of the completed re4337 sweep. 4338 30. City MS4 Permit. Contractor shall meet street sweeping requirements included in the City’s 4339 current Stormwater Discharge Permit as it may be amended, revised, or reissued from time to 4340 time (“MS4 Permit”).
4341 31. Storm Drain Waste Removal Service.
4342 31.1. General. Contractor shall provide waste removal services from the City’s storm drain 4343 inlets and catch basins (all together, “storm drain inlets”) to the specifications of this 4344 Section.
4345 31.2. Number of Storm Drain Inlet Solid Waste Removal Locations. Contractor shall remove all 4346 Solid Waste, including Garbage, Green Waste, and street debris, from the City’s storm 4347 drain inlets, including from Full Capture Devices placed inside storm drain inlets annually. 4348 The City will provide details, including location, description, and specific identification 4349 numbers, to Contractor via access to an online Geographic Information System (GIS) 4350 portal. Contractor shall include such services in the service rates set by this Agreement. 4351 The specific storm drain inlets subject to Solid Waste removal services may change 4352 annually or more frequently at the direction of the City. Contractor shall follow and comply 4353 with all Standard Operating Procedures (“SOPs”) for inspecting and cleaning City’s Full 4354 Capture Devices to ensure they are operated at a level necessary to maintain their 4355 designation as Full Capture as required by the MS4 Permit. Contractor shall consult with 4356 City’s Public Works Director regarding which SOPs are applicable to City storm drain 4357 inlets.
4358 31.3. Frequency of Service. Contractor will perform regular inspections of storm drain inlets 4359 and catch basins and will document which storm drain inlets and catch basins require 4360 Solid Waste removal services via the online GIS portal described above. Contractor shall 4361 remove all Solid Waste from all storm drain inlets within 30 (thirty) days. Contractor may 4362 limit service to a maximum of 50 inlet cleanings in any given month. If Contractor reaches 4363 the monthly maximum, resulting in marked storm drain inlets remaining uncleaned for 4364 more than 30 (thirty) days, then Contractor must notify City when maximum limit is 4365 reached. City has option to clean overage, or request Contractor to roll over overage to 4366 next month.
4367 31.4. Solid Waste Disposal and Reporting. Contractor shall Recycle or Compost the maximum 4368 amount of Solid Waste collected from storm drain inlets possible, and shall provide for 4369 such Recycling, Composting, or landfill disposal at the designated post-collection facilities 4370 described in the Agreement. Fees for Recycling, Composting, and/or landfill disposal of 4371 Solid Waste collected from storm drain inlets shall be included in the base compensation 4372 provided to Contractor. Contractor and City shall mutually agree on the reporting 4373 requirements related to street sweeping prior to the commencement of street sweeping 4374 by Contractor. Such reporting obligations may include recording the weight in pounds of 4375 each load of Solid Waste removed from storm drain inlets in a log that will include the 4376 following information: date of removal, equipment identification number, net weight in 4377 pounds of Solid Waste, and net weight disposed. Contractor shall maintain the log 4378 electronically, and shall provide an accurate copy of the log to the City with quarterly 4379 reports and at any time upon request. Contractor shall maintain the log of all weights 4380 collected for the duration of the Agreement.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 174 of 175
4381 Exhibit 14
4382 Refuse Rate Index Methodology
4383 Collection Services: List all administrative, officer, operation, and maintenance salary accounts 4384 and costs for the most recently completed fiscal year. 4385 List payroll tax accounts directly related to the above salary accounts and 4386 costs for the most recently completed fiscal year. 4387 List all fuel costs for the most recently completed fiscal year. 4388 List all Collection and Collection related vehicle depreciation accounts and 4389 costs for the most recently completed fiscal year. 4390 List all vehicle lease or rental accounts and costs related to Collection or 4391 Collection related vehicles for the most recently completed fiscal year. 4392 List all Collection or Collection related vehicle parts accounts and costs for 4393 the most recently completed fiscal year.
4394 List all other expense accounts and costs related to the Collection services 4395 provided under this Franchise Agreement. This category includes all 4396 insurance, including general liability, fire, truck damage, extended coverage 4397 and employee group medical and life; rent on property, truck licenses and 4398 permits; real and personal property taxes; telephone and other utilities; 4399 employee uniforms; safety equipment; general yard repairs and 4400 maintenance; office supplies; postage; trade association dues and 4401 subscription; advertising; employee retirement or profit sharing contributions; 4402 and miscellaneous other expenses. All such costs shall be for the most 4403 recently completed fiscal year.
4404 List the total of all above Collection Services, which is the total for Collection 4405 Services costs for the most recently completed fiscal year. 4406 Post-Collection Services: List all Garbage Disposal costs provided under this Franchise Agreement for 4407 the most recently completed fiscal year.
4408 List all Organic Waste and Food Waste Diversion costs provided under this 4409 Franchise Agreement for the most recently completed fiscal year. 4410 List all Recyclable Materials Processing costs provided under this Franchise Agreement for the most 4411 recently completed fiscal year. The adjustment shall be calculated in the following manner:
4412 1. The expenses of providing Collection Services in the Service Area for the designated fiscal period 4413 shall be prepared in the format described above. Collection Services constitutes one cost category. 4414 2. The expenses of providing Post-Collection Services in the Service Area for the designated fiscal 4415 period shall be prepared in the format described above. Post-Collection Services shall be broken 4416 down into three cost categories corresponding to Garbage Disposal, Organic Waste and Food 4417 Waste Diversion, and Recyclable Materials Processing.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
12/31/2024 Page 175 of 175
4418 3. Each of the four cost categories (Collection Services, Garbage Disposal, Organic Waste and Food 4419 Waste Diversion, and Recyclable Material Processing) is assigned a weighted percentage factor 4420 on that cost category’s proportionate share of the total of the costs shown for all cost categories. 4421 4. The following indices are used to calculate the adjustment for each cost category. The change in 4422 each index is calculated on a twelve-month fiscal period in accordance with the terms of the 4423 Franchise Agreement.
Cost Category Index
Collection Services Percent change in U.S. Bureau of Labor Statistics Series ID CUSR0000SEHG, (Water and Sewer and Trash
Collection Services in U.S. City Average, for All Urban Consumers, seasonally adjusted) as described in
Franchise Agreement Section 6.05
Garbage Disposal Actual percent change in Disposal Facility tip fees from April 1 of prior year to April 1 of current year
Organic Waste and Food Waste
Compost and Diversion
Actual percent change in Organic Waste Processing
Facility tip fees from April 1 of prior year to April 1 of current year
Recyclable Materials Processing Actual percent change in Materials Recovery Facility tip fees from April 1 of prior year to April one of current year 4424
4425 If any index above is discontinued, it shall be replaced by the successor index designated by the index 4426 publisher, or, if no successor is designated, the Contractor shall propose an index that most closely 4427 resembles the discontinued index, subject to City approval, not to be unreasonably withheld. 4428 The percentage weight for each cost category is multiplied by the change in each appropriate index to 4429 calculate a weighted percentage for each cost category. The weighted percentage changes for each cost 4430 category are added together to calculate the refuse rate index.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com November 27, 2024
Ms. Mary Gourley
Assistant City Manager/City Clerk
City of Sebastopol
7120 Bodega Avenue, Sebastopol, CA, 95472
submitted via email: [email protected]
SUBJECT: Hauler Transition Assistance – R3 Proposal
Dear Ms. Gourley,
R3 Consulting Group, Inc (R3) is pleased to submit the attached proposal to provide hauler transition assistance to the City of Sebastopol (City). We are pleased to build on the success of our previous engagement supporting the City’s competitive RFP process for waste collection services.
This proposal includes a scope of work, schedule, and budget for the project that has been specifically designed to meet the City’s needs and is based on our experience supporting the City through negotiations with Sonoma County Resource Recovery (SCRR). R3’s hauler transition support is designed to facilitate a smooth, collaborative process that minimizes disruptions and ensures a successful shift in collection services from Recology to SCRR. The goal is to achieve an efficient and stable transition that supports effective service continuity and quality.
Areas in which our team will assist the City will include, but are not limited to:
》 Implementation of SCRR’s Transition Plan
ー Evaluation, comparison, and modification (as necessary) of SCRR’s proposed Transition Plan and incorporation of best practices from similar project engagements, as necessary. ー Lead regular meetings with the City and SCRR, subject to the needs and timeline of implementation, including agenda creation and meeting preparation. ー Circulation of ongoing meetings minutes with tactical transition lists detailing tasks derived from the broader transition plan, and regular verbal and email reports to the City. ー Follow-up efforts supporting the City in the implementation of key operations and communications-related transition tasks.
Project Team
Nate Forst, Director, will serve as Project Lead and primary point of contact for this engagement Maryann Hulsman, Consultant, will provide key support to Nate for this engagement. Garth Schultz, Principal, will provide strategic direction and assistance as needed.
We appreciate the opportunity to submit our proposal to the City. Should you have any questions regarding our proposal or need any additional information, please don’t hesitate to reach out directly.
Sincerely,
Nate Forst | Director, Project Lead Garth Schultz | Principal R3 Consulting Group, Inc R3 Consulting Group, Inc
303.960.8275 | [email protected] 510.292.0853 | [email protected] Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
1. SCOPE OF WORK
City of Sebastopol | Hauler Transition Assistance 1
Coordinate Successful Implementation of SCRR’s Transition Plan Building on our foundation of our success assisting the City’s competitive RFP process for waste hauling services, R3 will continue to provide essential support to the City as it transitions its collection services from Recology to SCRR. R3 will collaborate closely with the City and SCRR to facilitate an orderly and well-managed handover as SCRR takes over operational control of the City’s commercial, multifamily, and residential waste hauling services.
Task 1 Review/Assessment of SCRR’s Transition Plan
As part of the RFP process and new agreement, SCRR was required to submit a Transition Plan. R3 will review the latest version of this plan to ensure all key milestones, resources, and relevant data needed for managing the transition are thoroughly addressed and encompass all essential components of an effective hauler transition plan. Additionally, R3 will reference plans from similar projects and conduct further research as needed to ensure comprehensive coverage and effectiveness in all aspects of the transition.
Task 2 Coordinate and Conduct Ongoing Meetings
The objective of Task 2 is to conduct ongoing coordination and oversight of SCRR’s activities to ensure alignment with the City's goals, timeline, and expectations for the hauler transition. To achieve this, R3 will coordinate and facilitate regular meetings for both the City and SCRR, covering tasks related to hauler responsibilities. During the transition period, we propose a weekly teleconference with both City and SCRR participants, with additional City-only meetings scheduled as needed. The frequency and structure of these meetings may be adjusted based on the City's direction and the needs for successful transition.
The agenda for each meeting is subject to change but will generally be focused on:
》 Confirming sufficient progress on identified tasks associated with the timeline presented by the finalized transition plan.
》 Determining the appropriate course of action if sufficient progress has not been made. 》 Discussing and determining the appropriate course of action for new (previously unidentified) tasks if and as they arise.
》 Confirming the next steps in the implementation schedule and ensuring that all parties are aware of each party’s roles and responsibilities.
Task 3 Support and Accountability Measures
During and after meetings and conference calls, R3 will develop, regularly update, and share with the City and SCRR progress related to ongoing task requirements, responsible parties, and timeline for implementation.
Accountability measures are subject to change but will generally be focused on:
》 Circulation of ongoing tactical transition lists detailing tasks derived from the broader transition plan. 》 Targeted follow-up efforts supporting the City and/or haulers in their implementation of key transition tasks.
》 Regular verbal and email reports to the City.
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
2. PROJECT SCHEDULE
City of Sebastopol | Hauler Transition Assistance 2
R3’s projected schedule, below, incorporates tentative dates.
TASK START DATE COMPLETION DATE
1. Review/Assessment of Transition Plan January 2025 January 2025
2. Coordinate and Conduct Ongoing Meetings January 2025 December 2025
3. Support and Accountability Measures January 2025 December 2025 Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
3. PROJECT BUDGET
City of Sebastopol | Hauler Transition Assistance 3
R3 proposes to complete the project for a total cost of $75,000. Table 1, below, shows the payment schedule and associated due dates. Any additional consulting services beyond those proposed will be charged at the standard rates shown in Table 2, below, and will be billed monthly at the first of each month, for the preceding month, and are due within 30 days of the invoice date.
Table 1: Payment Schedule
INSTALLMENT DUE DATE COST
1 January 31, 2025 $ 7,500
2 February 28, 2025 $ 7,500
3 March 31, 2025 $ 7,500
4 April 30, 2025 $ 7,500
5 May 31, 2025 $ 7,500
6 June 30, 2025 $ 7,500
7 July 31, 2025 $ 7,500
8 August 31, 2025 $ 7,500
9 September 30, 2025 $ 7,500
10 October 31, 2025 $ 7,500
TOTAL $ 75,000
Note: While R3’s contract will be with the City and we will be working in the City’s interests, invoices may be directed to SCRR for payment (which prevents the need for City to pay and then get reimbursed).
Table 2: Standard Rates
CLASSIFICATION RATE
Principal / Sr. Director $ 325 per hour
Director $ 290 per hour
Sr. Managing Consultant $ 250 per hour
Managing Consultant $ 225 per hour
Sr. Consultant $ 210 per hour
Consultant $ 190 per hour
Associate Consultant $ 175 per hour
Expert Witness 1.5x Rates Listed Above
REIMBURSABLE COSTS
Consultants/Subcontractors Cost plus 10%
Lodging and meals Direct cost
Travel - Private or company car At Current Federal Rate Travel - Other Direct cost
Delivery and other expenses Direct cost
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
Amendment #1
City of Sebastopol and R3 Consulting Group
January 7, 2025
This Amendment to the February 21, 2024 Agreement for Services between the City of Sebastopol and R3 Consulting Group for Professional Services (the “Agreement”) is entered into as of January 7, 2025.
That Agreement is amended as follows:
1. Section 4A, Compensation and Method of Payment, is amended to increase the total compensation to an amount not to exceed an additional $75,000. Sonoma County Resource Recovery (SCRR) will submit to the City of Sebastopol payment of $75,000 within 45 days of City Council approval of agreement to fund hauler transition consultant services.
2. Scope of Services established in Exhibit A is amended to add: Provide hauler transition assistance to the City of Sebastopol (City)
3. Except as explicitly set forth in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
Garth Schultz
President, R3 Consulting Group
Date:
Don Schwartz
City Manager, City of Sebastopol
Date:
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025
RESOLUTION NUMBER: XXXX-2025
CITY OF SEBASTOPOL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL AUTHORIZING A BUDGET AMENDMENT FOR R3 CONSULTING SERVICES (HAULER TRANSITION SERVICES) WHEREAS, on February 20, 2024, City Council authorized City staff to prepare and execute Award of Contract to R3 Consulting Group, a solid waste management consultant, to manage procurement for hauler; and WHEREAS, on January 7, 2025, City Council approved the execution of the Solid Waste Collection Agreement (Agreement) for garbage, recyclable materials, and organic waste collection services with Sonoma County Resource Recovery (SCRR); and
WHEREAS, on January 7, 2025, City Council authorized Amendment to Contract to R3 Consulting to provide hauler transition assistance to the City of Sebastopol (City); and WHEREAS, a budget amendment to the adopted Fiscal Year 2024-25 Budget to proposed expenditures and funding sources is necessary for incorporating this amended consulting agreement for hauler transition services; and
WHEREAS, the adopted and proposed amended budget to incorporate new budgeted item to the FY 24-25 budget is a not to exceed amount of an additional $75,000; and WHEREAS, the additional $75,000 is to be funded by Sonoma County Resource Recovery (SCRR); and WHEREAS, SCCR will submit to the City of Sebastopol payment of the $75,000 within 45 days of City Council approval of agreement.
The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 7th day of January, 2025 by the following vote:
VOTE:
Ayes:
Noes:
Absent:
Abstain:
APPROVED: __________________________________________
Mayor Stephen Zollman
ATTEST: _______________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM: _______________________________________________ Alex Mog, City Attorney
Agenda Item Number: 8 Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025