Sebastopol City Council
January 7, 2025

CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: January 7, 2025
======================================================================================== To: Honorable Mayor and City Councilmembers
From: Mary Gourley, Assistant City Manager
Subject: Approval of Solid Waste Collection Agreement with Sonoma County Resource Recovery for garbage, recycling, and organic waste collection services ======================================================================================== RECOMMENDATION:

That the City Council:

1. Authorize 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 select one of two approaches regarding solid waste services in the Agreement; and

2. Additionally, authorize the execution of a professional services agreement with R3 Consulting Group, Inc. (R3) to provide the City with consulting services during the transition of solid waste collection services to SCRR. The funding for this contract will be paid by Sonoma County Resource Recovery (SCRR) and will have no fiscal impact on the City of Sebastopol budget. ======================================================================================== RECOMMENDATION:

Authorize 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 select one of two approaches regarding solid waste services in the Agreement. Additionally, authorize the execution of a professional services agreement with R3 Consulting Group, Inc. (R3) to provide the City with consulting services to during the transition of solid waste collection services to SCRR. The funding for this contract will be paid by Sonoma County Resource Recovery (SCRR) and will have no fiscal impact on the City of Sebastopol budget.

SUMMARY:

On February 20, 2024, the Council directed City staff to pursue a competitive request for proposals (RFP) process for solid waste collection services provided in the City, selecting R3 to assist the City in conducting the procurement process. On August 6, 2024, the City Council approved creation of an ad hoc committee (Committee) consisting of Councilmembers Maurer and McLewis for the purpose of proposal evaluation and conducting interviews with proposers to the RFP process. At that time, the Committee and City Manager were also authorized to create a Solid Waste Proposals Evaluation Panel (Panel) comprised of the Committee members and key City staff with oversight responsibility for solid waste services. Two proposals were received: one from Recology Sonoma Marin (Recology) and one from Sonoma County Resource Recovery (SCRR). On October 15, 2024, the City Council authorized the Committee and Panel to select a top ranked proposer and to proceed to negotiate an agreement with a top ranked proposer.

Interviews were conducted with each of the proposers. The Committee selected SCRR as the top ranked proposer, and negotiations were initiated. Negotiations with the top ranked proposer, SCCR, have been successfully concluded, and a new Agreement (attached) with SCRR has been finalized. During negotiations, City staff also secured Agreement provision for SCRR to provide $75,000 in funding to the City to fund the City’s costs of overseeing the transition of solid waste services to SCRR.

Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

2 BACKGROUND AND DISCUSSION:

Current Franchise Collection Agreement
The City’s current exclusive solid waste collection agreement, initiated on January 1, 2009, with The Ratto Group, was transferred to Recology Sonoma Marin (Recology) on September 19, 2017. Initially set for 15 years, the term was extended by one year to December 31, 2024, to allow an ad-hoc committee to review Recology’s proposal for an extension and negotiate rates and services. The ad-hoc committee and Recology were ultimately unable to reach an agreement on terms suitable for recommendation to the City Council and community. Subsequently, and at the City’s request so that the City had sufficient time to conduct the RFP procurement process, Recology agreed to extend the current contract until June 30, 2025. The current solid waste collection services agreement will expire effective June 30, 2025, and the City must make arrangements for solid waste collection services starting July 1, 2025.

Competitive RFP Procurement:

Per Council direction in early 2024, City staff and R3 initiated the competitive RFP process for solid waste collection services effective July 1, 2025. The primary objective of the RFP was to provide the City’s residents and businesses with the appropriate level of service, at the highest quality, and at the best rates (per the evaluation criteria set by the City Council on April 2, 2024). Clear RFP specifications and detailed requirements ensured a straightforward and reasonable process, and Council provided suggestions that were incorporated into the RFP document. RFP and Draft Agreement (together referenced as “RFP”) were released on June 5, 2024, with proposals due on July 31, 2024.

Proposal Evaluation Process:

Qualifying proposals were received by July 31, 2024, from the following two (2) entities:

1. Recology Sonoma Marin

2. Sonoma County Resource Recovery
Both proposals went through an initial completeness review to check for compliance with RFP requirements. After the initial review, it was determined that both proposals conformed to the City’s requirements, and the proposers were invited to interview with the Panel. With R3 providing technical assistance to the Panel, the Panel engaged in a thorough review of proposals and consensus scoring process to rank the proposers, including several meetings to discuss scoring and proposal details.

Proposals were reviewed and scored based on the evaluation criteria established by the City Council:
• Service Rates & Value – 30 points
• Quality of Service & References – 18 points
• Sustainability – 18 points
• Proposed Services, Improvements, & Technology – 13 points • Community Employment & Partnership – 8 points
• Communication, Outreach, & Customer Service – 8 points • Financial Ability & Integrity – 5 points
Council authorized the Committee and Panel to select a top ranked proposer and authorized staff to proceed to negotiate a final agreement with a top ranked proposer. The consensus evaluation result was SCRR ranked 1st, with 84 out of 100 points, and Recology ranked 2nd, with 77 out of 100 points, as shown in Table 1, following page.

Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

3 Table 1: Proposal Evaluation Scores
Maximum Points Evaluation Criteria Recology SCRR
30 Service Rates & Value 20 25
18 Quality of Service & References 14 17
18 Sustainability 17 16
13 Proposed Services, Improvements, & Technology 11 10
8 Community Employment & Partnership 6 7
8 Communication, Outreach, & Customer Service 6 6
5 Financial Ability & Integrity 3 3
100 Total 77 84
The Panel concluded that SCRR demonstrated the best overall ability to meet the City’s needs, highlighted by its expressed commitment to providing individualized service to the City, a highly competitive rate structure benefiting the majority of Sebastopol solid waste subscribers, and strong references from the other community it serves.

While Recology showed capability in delivering the requested services and a strong commitment to sustainability, its proposal was less tailored to the City’s specific needs and offered less competitive rates. Additionally, while Recology has expressed a commitment to customer service, SCRR displayed a willingness to further align its offerings to meet the City’s expectations in this area. As a result, the Panel recommends selecting SCRR as the provider best positioned to deliver high-quality, cost-effective services tailored to the City’s unique needs.

Final Agreement Negotiations
Over the period of two months, City staff, with support from R3, negotiated the terms and conditions of a final Agreement with SCRR, with final negotiations concluding December 2024. Negotiations were productive, with the final negotiated Agreement providing key benefits to the City’s residents and businesses, including:

General Terms and Conditions:
• 15-year term from July 1, 2025, through June 30, 2040. • Two 5-year extensions at City’s option.
• Updated Agreement form, with up-to-date performance and legal standards. • Bundled rates that include, at minimum, a baseline level of recycling and organics services for all customers, with the flexibility to provide more as needed. • Preservation of current programs for residents, businesses, and the City. • Fulfillment of services required for compliance with State laws, including Senate Bill (SB) 1383. • Responsive to the City’s preference for sustainable fuel alternatives (SCRR’s trucks will use renewable diesel fuel).
• $200,000 reimbursement of City’s costs for conducting RFP process.

Solid Waste Collection Service Rates and Adjustments:
• Two options for new solid waste collection services rates:
o Option 1: One-time adjustment effective July 1, 2025, with new rates at an increase of 15.8% compared to current rates, followed by annual indexed rate adjustments in future years (described below).
o Option 2: Three-year stepped-in adjustments, starting July 1, 2025, with new rates at an increase Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

4 of 5% compared to current rates, followed by 9.8% fixed increases on July 1, 2026, and July 1, 2027. Adjustment effective July 1, 2028 would be per the annual indexed rate adjustment plus 2%, with annual adjustments thereafter being only per the annual indexed rate adjustment methodology (described below).
• Annual indexed rate adjustments to solid waste collection service rates (effective July 1, 2026, for Option 1 and effective July 1, 2028, per Option 2) with:
o Rate compensation to SCRR for collection service adjusted by the national Consumer Price Index (CPI) for water, sewer and trash utility rates (WST), capped at 5%; and o Rate compensation for external post-collection for landfill disposal, organics composting, and recyclables processing adjusted based on annual change in tipping fees at the disposal and processing facilities (which are not controlled by SCRR). • Low Income Discount ($5 discount per month) to customers enrolled in PG&E’s CARE program. • Limitations on future changes in solid waste collection service rates due to changes in law or extraordinary changes in cost, including a prohibition on any changes in rates if SCRR were not to retain its other existing collection services agreement in Sonoma County with the Town of Windsor.

New and Enhanced Services for Customers and the Community • NEW curbside holiday tree pickup service for single-family and multi-family customers. • NEW bulky waste pick-ups for single-family residents included in the monthly rates (new offering is up to two pick-ups per year at no additional charge; residents previously paid directly for this service offering). • NEW bulky waste pick-up options for multi-family customers, who previously did not have access to this service, also included in the monthly rates (up to two pick-ups per year, coordinated by the property manager, at no additional charge).
• NEW solid waste services and portable toilet event support for City-sponsored events (including events hosted by non-profits), up to $20,000 annually.
• NEW Citywide abandoned/illegal dumping removal assistance collection within 24 hours of request. • Enhanced street sweeping services (i.e., now including storm-drain vactoring) services. • One-time funding for improved downtown waste containers totaling $25,000. • Bulky item collection for City facilities (up to two pick-ups per facility per year at no additional charge). • Concrete Collection at the City’s Corporation Yard (up to ten times per year at no additional charge).

Transition Services
Transitioning solid waste collection services requires thoughtful and considerate planning and management. SCRR has committed to ensuring a smooth transition of services, working in collaboration with the City and Recology such that customer needs are carefully handled during the process. This includes, but is not limited to:
• Development of a detailed transition plan (details included in Agreement). • Frequent planning and management meetings with City staff, effective immediately, to ensure smooth transition of services.
• Extensive outreach to residents and businesses prior to the July 1, 2025, initiation of new services. • Prompt phone-based customer service during the transition period, including a commitment to increase staffing and enlist an overflow call center as needed to meet any increased demand for phone-based communications.
• Individualized support and container right-sizing for all commercial and multi-family customers. • $75,000 reimbursement of City’s costs for overseeing transition of solid waste collection services to SCRR (which is recommended to fund the recommended agreement with R3 for additional City capacity and support during the transition).

Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

5 Taken together, the terms and conditions of the new recommended Agreement with SCRR fulfill the priorities set by the City Council, including:
• Competitive rates for solid waste services for residents and businesses. • Equitable solid waste collection services that provide multiple means for disposal and recycling. • Solid waste collection services that meet current regulatory, legal, and performance standards. • Reimbursement to the City for its costs associated with managing and administering the solid waste collection Agreement, hauler transition, and critical aspects of the solid waste and sanitation system.

Solid Waste Collection Service Rates Proposals
Table 2, below, shows a summary of best and final monthly rate proposals from SCRR and Recology compared to current monthly solid waste rates in the City. The proposed rates shown in Table 2 correspond to Option 1 (onetime rate adjustment effective July 1, 2025, followed by annual indexed rate adjustments in future years). As shown in Table 2, Recology’s Option 1 rate proposal would result in increases in monthly residential rates ranging from 9.9% for large 96-gallon garbage service to 65.7% for small 20-gallon garbage service. For commercial and multi-family customers, Recology’s Option 1 rate proposal would result in increases in monthly rates of 29.3%. In comparison, SCRR’s Option 1 rate proposal will result in increases to monthly garbage rates of 15.8% for all service levels (except for 6-cubic-yard garbage service, to which there are only 6 known subscribers).

Table 2: Comparison of Monthly Rate Proposals to Current Monthly Rates via Option 1 Sector Garbage
Service Level
Current 2024
Rates
(7/1/2024)
Recology
Increase Over
Current Rates
(7/1/2025)
Recology
Proposed
Rates
(7/1/2025)
SCRR
Increase Over
Current Rates
(7/1/2025)
SCRR
Proposed
Rates
(7/1/2025)
Residential
20-gal $17.44 65.7% $28.90 15.8% $20.20
32-gal $30.48 11.5% $34.00 15.8% $35.30
64-gal $55.63 22.2% $68.00 15.8% $64.43
96-gal $92.84 9.9% $102.00 15.8% $107.53
Residential
(Low Income)
20-gal $14.82 56.0% $23.12 15.8% $17.16
32-gal $25.91 5.0% $27.20 15.8% $30.01
64-gal $47.29 15.0% $54.40 15.8% $54.77
96-gal $78.91 3.4% $81.60 15.8% $91.41
Multi-family
32-gal $48.17 29.3% $62.27 15.8% $55.80
64-gal $64.69 29.3% $83.63 15.8% $74.92
96-gal $94.50 29.3% $122.16 15.8% $109.46
2-cy $432.41 29.3% $558.99 15.8% $500.85
3-cy $602.89 29.3% $779.38 15.8% $698.31
4-cy $682.61 29.3% $882.44 15.8% $790.66
Commercial
32-gal $48.17 29.3% $62.27 15.8% $55.80
64-gal $64.69 29.3% $83.63 15.8% $74.92
96-gal $94.50 29.3% $122.16 15.8% $109.46
2-cy $432.41 29.3% $558.99 15.8% $500.85
3-cy $602.89 29.3% $779.38 15.8% $698.31
4-cy $682.61 29.3% $882.44 15.8% $790.66
6-cy $841.11 29.3% $1,087.33 33.2% $1,120.39
Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

6 For Option 2 (three-year stepped in rate adjustments) the results are similar, as shown in Table 3 (for Recology, below) and Table 4 (for SCRR, on the following page). Table 3 shows Recology proposed three-year stepped-in rate adjustments, demonstrating varying increases for monthly single-family residential rates, and increases for commercial and multi-family rates of 19% on July 1, 2025, 12.3% on July 1, 2026, and 11.9% on July 1, 2027.

Table 3: Comparison of Recology’s Three-Year Monthly Rate Proposal to Current Monthly Rates via Option 2 Sector
Garbage
Service
Level
Current
2024
Rates
(7/1/2024)
Recology
Increase
(7/1/2025)
Recology
Proposed
Rates
(7/1/2025)
Recology
Increase
(7/1/2026)
Recology
Proposed
Rates
(7/1/2026)
Recology
Increase
(7/1/2027)
Recology
Proposed
Rates
(7/1/2027)*
Residential
20-gal $17.44 42.7% $24.89 21.4% $30.22 15.6% $34.93
32-gal $30.48 7.5% $32.77 7.9% $35.35 10.2% $38.94
64-gal $55.63 14.5% $63.67 10.6% $70.39 11.2% $78.29
96-gal $92.84 6.4% $98.79 7.5% $106.17 10.0% $116.77
Residential
(Low
Income)
20-gal $14.82 34.3% $19.91 21.4% $24.18 15.6% $27.94
32-gal $25.91 1.2% $26.22 7.9% $28.28 10.1% $31.15
64-gal $47.29 7.7% $50.94 10.5% $56.31 11.2% $62.63
96-gal $78.91 0.1% $79.03 7.5% $84.94 10.0% $93.42
Multifamily
32-gal $48.17 19.0% $57.34 12.3% $64.40 11.9% $72.08
64-gal $64.69 19.0% $77.00 12.3% $86.48 11.9% $96.80
96-gal $94.50 19.0% $112.48 12.3% $126.34 11.9% $141.41 2-cy $432.41 19.0% $514.69 12.3% $578.09 11.9% $647.04
3-cy $602.89 19.0% $717.61 12.3% $806.01 11.9% $902.14
4-cy $682.61 19.0% $812.50 12.3% $912.58 11.9% $1,021.43 Commercial
32-gal $48.17 19.0% $57.34 12.3% $64.40 11.9% $72.08
64-gal $64.69 19.0% $77.00 12.3% $86.48 11.9% $96.80
96-gal $94.50 19.0% $112.48 12.3% $126.34 11.9% $141.41 2-cy $432.41 19.0% $514.69 12.3% $578.09 11.9% $647.04
3-cy $602.89 19.0% $717.61 12.3% $806.01 11.9% $902.14
4-cy $682.61 19.0% $812.50 12.3% $912.58 11.9% $1,021.43 6-cy $841.11 19.0% $1,001.16 12.3% $1,124.48 11.9% $1,258.60 * SCRR’s three-year stepped-in rate proposal also includes a +2% addition to the July 1, 2028, rates, which will be adjusted by the indexed rate adjustment method described in prior pages and in Article 6 and Exhibit 14 of the recommended Agreement.

Table 4 (on the following page) shows SCRR’s proposed three-year stepped-in rate adjustments, demonstrating increases for all customers (except for 6-cubic-yard garbage services) of 5% on July 1, 2025, 9.8% on July 1, 2026, and 9.8% on July 1, 2027. SCRR’s three-year stepped-in rate proposal also includes a +2% addition to the July 1, 2028, rates, which will be adjusted by the indexed rate adjustment method described in prior pages and in Article 6 and Exhibit 14 of the recommended Agreement.

Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

7 Table 4: Comparison of SCRR’s Three-Year Monthly Rate Proposal to Current Monthly Rates via Option 2 Sector
Garbage
Service
Level
Current
2024
Rates
(7/1/2024)
SCRR
Increase
(7/1/2025)
SCRR
Proposed
Rates
(7/1/2025)
SCRR
Increase
(7/1/2026)
SCRR
Proposed
Rates
(7/1/2026)
SCRR
Increase
(7/1/2027)
SCRR
Proposed
Rates
(7/1/2027)*
Residential
20-gal $17.44 5.0% $18.31 9.8% $20.10 9.8% $22.07
32-gal $30.48 5.0% $32.00 9.8% $35.14 9.8% $38.58
64-gal $55.63 5.0% $58.41 9.8% $64.13 9.8% $70.42
96-gal $92.84 5.0% $97.48 9.8% $107.03 9.8% $117.52
Residential
(Low
Income)
20-gal $14.82 5.0% $15.56 9.8% $17.08 9.8% $18.76
32-gal $25.91 5.0% $27.20 9.8% $29.87 9.8% $32.79
64-gal $47.29 5.0% $49.65 9.8% $54.52 9.8% $59.86
96-gal $78.91 5.0% $82.86 9.8% $90.98 9.8% $99.90
Multifamily
32-gal $48.17 5.0% $50.58 9.8% $55.54 9.8% $60.98
64-gal $64.69 5.0% $67.92 9.8% $74.58 9.8% $81.88
96-gal $94.50 5.0% $99.23 9.8% $108.95 9.8% $119.63
2-cy $432.41 5.0% $454.03 9.8% $498.52 9.8% $547.38
3-cy $602.89 5.0% $633.03 9.8% $695.07 9.8% $763.18
4-cy $682.61 5.0% $716.74 9.8% $786.98 9.8% $864.10
Commercia
l
32-gal $48.17 5.0% $50.58 9.8% $55.54 9.8% $60.98
64-gal $64.69 5.0% $67.92 9.8% $74.58 9.8% $81.88
96-gal $94.50 5.0% $99.23 9.8% $108.95 9.8% $119.63
2-cy $432.41 5.0% $454.03 9.8% $498.52 9.8% $547.38
3-cy $602.89 5.0% $633.03 9.8% $695.07 9.8% $763.18
4-cy $682.61 5.0% $716.74 9.8% $786.98 9.8% $864.10
6-cy $841.11 20.8% $1,015.65 9.8% $1,115.18 9.8% $1,224.47 * SCRR’s three-year stepped-in rate proposal also includes a +2% addition to the July 1, 2028, rates, which will be adjusted by the indexed rate adjustment method described in prior pages and in Article 6 and Exhibit 14 of the recommended Agreement.

Overall, and as demonstrated in Tables 2, 3, and 4, SCRR’s rate proposals provide for overall rates that are lower than those proposed by Recology, and result in overall lower rates in comparison to current solid waste rates in the City. For these reasons, the Panel determined that SCRR’s proposed rates offered the best outcome for the majority of Sebastopol customers.

Sonoma County Rate Comparison
Chart 1, on the following page, compares SCRR’s rates at the July 1, 2025, rates for Option 1 (one-time rate adjustment effective July, 2025, followed by annual indexed rate adjustments in future years) for single-family residents to other rates for cities and towns in Sonoma County. It should be noted that many of those rates are subject to annual adjustment in 2025, and as such Chart 1 compares the City’s 2025 rates to the current 2024 rates for most comparable agencies (with Cotati and Healdsburg being the exception, as their rates effective January 1, 2025, are already known). Charts 2 and 3, also on the following pages, demonstrate similar comparisons for commercial and multi-family customers using solid waste carts (Chart 2) and bins (Chart 3).

Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

8 Chart 1: Comparison of SCRR’s Option 1 Single-Family Rates to Current Rates in Sonoma County

Chart 2: Comparison of SCRR’s Option 1 Commercial & Multi-family Cart Rates to Current Rates in Sonoma County

$-
$20
$40
$60
$80
$100
$120
1/1/2024 7/1/2024 7/1/2024 7/1/2024 7/1/2024 1/1/2025 7/1/2025 4/1/2024 1/1/2024 9/1/2024 Cotati Sonoma Sebastopol
(Current)
Petaluma Rohnert
Park
Healdsburg Sebastopol
Proposed
(SCRR)
Windsor Santa Rosa Cloverdale
Residential 20-gal Residential 32-gal Residential 64-gal Residential 96-gal $-
$50
$100
$150
$200
7/1/2024 7/1/2024 7/1/2024 1/1/2024 7/1/2025 1/1/2024 7/1/2024 1/1/2024 4/1/2024 9/1/2024 Rohnert
Park
Sonoma Sebastopol
(Current)
Healdsburg Sebastopol
Proposed
(SCRR )
Cotati Petaluma Santa Rosa Windsor Cloverdale
Multi-Family and Commercial Carts 32-gal Multi-Family and Commercial Carts 64-gal Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

9 Chart 3: Comparison of SCRR’s Option 1 Commercial & Multi-family Bin Rates to Current Rates in Sonoma County Rate Equity Considerations
The City’s RFP included a provision that solid waste rates for commercial businesses and multi-family dwellings include minimum levels of recycling and organics collection service within the rate for garbage service. Proposers to the RFP were required to address this provision in their rate proposals, and both proposers ultimately did fulfill that requirement. The approach in the RFP (and thus also in the recommended Agreement with SCRR) differs from current practice – while the RFP included the expectation that recycling and organics would be provided within the base garbage rates at minimum levels to achieve compliance with State laws, via current practice, businesses and multi-family dwellings may receive no-charge recycling and organics services each up to 200% of their garbage service. Continuing with this legacy practice is not recommended, for two reasons:
• Maintaining the current practice would have resulted in higher garbage rates for all commercial businesses and multi-family dwellings. In plain terms, continuing with the current practice would require all commercial businesses and multi-family dwellingsto pay higher garbage ratesto fund the cost for providing no-charge recycling and organics services for some (but not all) such customers. • The new approach ensures fairness, aligns rates with the cost of service, and ensures the City is in compliance with statewide regulations. Monthly garbage rates for all commercial businesses and multifamily dwellings are lower via this scenario; those with need for more than the minimum recycling and organics services provided within the base garbage rate will pay the direct cost of additional needed services.
$-
$100.00
$200.00
$300.00
$400.00
$500.00
$600.00
$700.00
$800.00
$900.00
7/1/2024 1/1/2025 7/1/2024 9/1/2024 7/1/2024 7/1/2024 7/1/2025 1/1/2024 4/1/2024 1/1/2025 Petaluma Cotati Rohnert
Park
Cloverdale Sebastopol
(Current)
Sonoma Sebastopol
Proposed
(SCRR)
Santa Rosa Windsor Healdsburg
Multi-Family and Commercial Bins 2 CY Multi-Family and Commercial Bins 3 CY Multi-Family and Commercial Bins 4CY Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

10 Staff, R3, the Committee, and the Panel all recommend proceeding with the new approach as a means of mitigating increases in garbage rates for all commercial businesses and multi-family dwellings and ensuring that rates for such customers are proportionate to the costs of providing services. Analysis completed by R3 indicatesthat roughly half of the City’s commercial businesses and multi-family dwellings do not require additional recycling services above the minimum, and it is assumed that the same is true of organics services. For the remaining half that may need additional recycling and/or organics services above the minimum, several steps will be taken before any new charges are included in the bills for those customers.

First, and well in advance of July 1, 2025, SCRR will work directly with all commercial businesses and multi-family dwellings to mutually determine the appropriate and necessary levels of additional recycling and/or organics collection services via “right sizing” of those service levels. Through this process, SCRR will work proactively with all such commercial businesses and multi-family dwellings such that the additional costs for additional services above the minimums provided in the base garbage rates are mitigated. Commercial businesses and multi-family dwellings may also elect to reduce their need (and therefore costs) for additional recycling and/or organics services above the minimums by reducing amounts of waste generated and selling or donating recyclable or organic materials in ways allowed by the Agreement.

COMMUNITY OUTREACH:

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

FISCAL IMPACT:

The Council approved up to $200,000 in consulting and staff fees, all of which will be fully reimbursed to the City by the selected proposer within 30 days of contract execution. Additionally, hauler transition services up to $75,000 will also be fully reimbursed by the selected proposer with authorization of Agreement. SCRR will submit to the City of Sebastopol payment of $75,000 within 45 days of City Council approval of agreement. Finally, annual franchise fee payments per the Agreement, while remaining at the same percentage of gross revenues as in the soon to expire agreement, will increase proportionate to the overall rate increases in future years.

RECOMMENDED ACTIONS AND ALTERNATIVES:

1. Authorize execution of the attached Agreement with SCRR (recommended) and determine approach to initial Maximum Service Rates per Option 1 (Exhibit 1A) or Option 2 (Exhibit 1B) (choose one of two options, no recommendation); (City staff will return to the next City Council Meeting with a consent calendar agenda item with a resolution approving and ratifying the option approved at this meeting); and

2. Authorize execution of an agreement with R3 Consulting Group, Inc., for consulting services supporting the City in the transition of solid waste collection services to SCRR, with funding of the costs being paid by SCRR per the new Agreement (recommended); or

3. Do not authorize execution of the Agreement with SCRR and provide other direction to Staff (not recommended – solid waste collection services must be in place by July 1, 2025, and insufficient time remains to conduct further negotiations).

ATTACHMENTS:

1. Final Solid Waste Collection Agreement with SCRR

2. R3 Proposal to Provide Consulting Services Supporting Transition of Solid Waste Collection Services to SCRR/Contract Amendment Number 1

3. Budget Amendment Resolution for Receipt of Payment from SCRR for Transition Services Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025

11 APPROVALS:

Department Head Approval: Approval Date: 12-30-2024
CEQA Determination (Planning): Approval Date: 12-30-2024 Awarding the franchise agreement is exempt from CEQA pursuant to CEQA Regulations section 15061(b)(3) since it can be seen with certainty that awarding the franchise agreement will have no impact on the environment. The collection and disposal of solid waste is mandated and regulated by state law.

The proposed change in service providers and awarding of a new franchise agreement will continue an existing service and will not result in significant new impacts on the environment.

Administrative Services (Financial) Approval Date:

Costs authorized in City Approved Budget: ☐ Yes ☐ No X N/A Account Code (f applicable) _______________________________ City Attorney Approval: Approval Date: 12-31-2024
City Manager Approval: Approval Date: 12-31-2024
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City Council Meeting Packet of: January 7, 2025

1/4/2024
1 2
3 4
5 SOLID WASTE COLLECTION AGREEMENT
6 7 Executed Between the
8 City of Sebastopol and Sonoma County Resource
9 Recovery, LLC
10 11 This ___ day of ___ 2025
12 13
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14 TABLE OF CONTENTS
15 Solid Waste Collection Agreement
16 17 Table of Contents
18 Article 1. Definitions ................................................................................................................. 5 19 Article 2. Term of Agreement ................................................................................................. 19 20 Article 3. Conditions Governing Services Provided by Contractor .........................................19 21 Article 4. Franchise Fees and Payments ...............................................................................21 22 Article 5. General Requirements ............................................................................................23 23 Article 6. Collection Service Rates .........................................................................................30 24 Article 7. Collection Service Billing.........................................................................................34 25 Article 8. Diversion Requirements..........................................................................................36 26 Article 9. Service Unit Types ..................................................................................................39 27 Article 10. Residential Service ...............................................................................................40 28 Article 11. MFD Service .........................................................................................................46 29 Article 12. Commercial Service ..............................................................................................54 30 Article 13. Industrial Service...................................................................................................60 31 Article 14. City Services .........................................................................................................61 32 Article 15. Additional Services................................................................................................63 33 Article 16. Collection Routes ..................................................................................................65 34 Article 17. Minimum Performance Standards.........................................................................66 35 Article 18. Collection Equipment ............................................................................................68 36 Article 19. Contractor’s Office ................................................................................................72 37 Article 20. Contractor Support Services .................................................................................73 38 Article 21. Emergency Service ...............................................................................................80 39 Article 22. Record Keeping, Reporting Requirements, & Record Requests ..........................81 40 Article 23. Nondiscrimination..................................................................................................90 41 Article 24. Service Inquiries and Complaints..........................................................................90 42 Article 25. Quality of Performance of Contractor....................................................................91 43 Article 26. Performance Bond ................................................................................................92 44 Article 27. Insurance ..............................................................................................................93 45 Article 28. Hold Harmless and Indemnification ......................................................................99 46 Article 29. Default of Agreement ..........................................................................................102 47 Article 30. Modifications to the Agreement...........................................................................104 48 Article 31. Dispute Resolution ..............................................................................................105 49 Article 32. Consent to Jurisdiction........................................................................................106 50 Article 33. Attorney’s Fees ...................................................................................................106 51 Article 34. Legal Representation ..........................................................................................106 52 Article 35. Conflict of Interest ...............................................................................................107 Agenda Item Number: 8
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53 Article 36. Contractor's Personnel........................................................................................107 54 Article 37. Exempt Waste.....................................................................................................108 55 Article 38. Independent Contractor ......................................................................................109 56 Article 39. Laws to Govern ...................................................................................................109 57 Article 40. Assignment .........................................................................................................109 58 Article 41. Compliance with Laws ........................................................................................110 59 Article 42. Permits and Licenses..........................................................................................110 60 Article 43. Ownership of Written Materials ...........................................................................110 61 Article 44. Waiver.................................................................................................................111 62 Article 45. Prohibition Against Gifts......................................................................................111 63 Article 46. Point of Contact...................................................................................................111 64 Article 47. Notices ................................................................................................................111 65 Article 48. Transition to Next Contractor ..............................................................................112 66 Article 49. Entire Agreement ................................................................................................112 67 Article 50. Severability..........................................................................................................112 68 Article 51. Right to Require Performance.............................................................................113 69 Article 52. All Prior Agreements Superseded.......................................................................113 70 Article 53. Headings .............................................................................................................113 71 Article 54. Exhibits................................................................................................................113 72 Article 55. Commencement Date .........................................................................................113 73 Exhibit 1A Maximum Service Rates (Alternative 1) .............................................................115 74 Exhibit 1B Maximum Service Rates (Alternative 2) .............................................................120 75 Exhibit 2 List of City Facilities and Service Levels ...............................................................135 76 Exhibit 3 Collection Container Specifications.......................................................................136 77 Exhibit 4 Transition Plan ......................................................................................................139 78 Exhibit 5 Administrative Charges and Penalties ..................................................................142 79 Exhibit 6 Customer Service Plan..........................................................................................146 80 Exhibit 7 Collection Service Operations Plan.......................................................................152 81 Exhibit 8 Processing and Disposal Facilities........................................................................156 82 Exhibit 9 Sustainability and Compliance Plan ......................................................................158 83 Exhibit 10 Education and Outreach Plan .............................................................................162 84 Exhibit 11 Acceptable Recyclable Materials ........................................................................165 85 Exhibit 12 Battery Bucket Locations.....................................................................................166 86 Exhibit 13 Street Sweeping Service .....................................................................................167 87 Exhibit 14 Refuse Rate Index Methodology .........................................................................174 88 Agenda Item Number: 8
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89 This Solid Waste Collection Agreement (“Agreement”) is hereby entered into by and between the 90 City of Sebastopol, a general law city existing under the laws of the State of California (“City”), and Sonoma 91 County Resource Recovery, LLC, a California Limited Liability Company (“Contractor”), as of ______, 2025, 92 under the terms and conditions set forth herein.
93 94 RECITALS
95 The Legislature of the State of California, by enactment of the California Integrated Waste 96 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California 97 Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and 98 require local agencies to make adequate provisions for garbage collection within their jurisdiction. 99 The State of California has found and declared that the amount of garbage generated in California, 100 coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the 101 need to conserve natural resources, have created an urgent need for State and local agencies to enact and 102 implement an aggressive integrated waste management program. The State has, through enactment of the 103 Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and 104 to maximize the use of feasible garbage reduction, re-use, recycling, and composting options to reduce the 105 amount of garbage that must be disposed of in disposal sites. 106 Pursuant to Title 13, Chapter 13.16 of the City’s Municipal Code and California Public Resources 107 Code Section 40059(a) as may be amended from time to time, City has determined that the public health, 108 safety, and well-being require that an exclusive right be awarded to a qualified contractor to provide for the 109 collection of garbage, recyclable materials, and organic waste materials, except for collection of materials 110 excluded in City’s Municipal Code, and other services related to meeting the Act’s fifty percent (50%) 111 diversion goal and other requirements of the Act.
112 City further declares its intent to regulate and set the maximum rates Contractor may charge 113 Service Recipients for the collection, transportation, and processing of garbage, recyclable materials, and 114 organic waste materials.
115 The City Council has determined that Contractor, by demonstrated experience, reputation, and 116 capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste 117 materials within the corporate limits of City and the transportation of such material to appropriate places for 118 processing, recycling, composting, and/or disposal; and City Council desires that Contractor be engaged 119 to perform such collection services on the basis set forth in this Agreement; and Contractor has represented 120 that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic 121 waste materials within the corporate limits of City; the transportation of such material to appropriate places 122 for processing, recycling, composting, and/or disposal; and the processing of materials. 123 By Resolution No. ___, the City Council of City duly approved this Agreement, together with the 124 Franchise Fee, Contractor payments to City, and other City-imposed fees provided for in the Agreement 125 (collectively “City-Imposed Fees”), and found and determined that such City-Imposed Fees were both 126 necessary and reasonably reflect, or are less than, the actual costs that City will incur in the administration 127 of the contracted services, compliance with mandatory state laws and regulations related to the contracted 128 services, and to mitigate the impacts contracted services will have on City streets. 129
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130 OPERATIVE PROVISIONS
131 Now, therefore, in consideration of the mutual covenants, agreements, and consideration contained 132 in this Agreement, City and Contractor agree as follows:
133 Article 1. Definitions
134 For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise 135 specifically stated. When not inconsistent with the context, words used in the present tense include the 136 future, words in the plural include the singular, and words in the singular include the plural. Use of the 137 masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article 138 will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly 139 understood in the Solid Waste Collection industry when the common understanding is not uncertain. 140 1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 141 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 142 4 cubic yards of commercial Solid Waste per week or multifamily residential dwellings of 5 units or more, to 143 arrange for Recycling services and requires jurisdictions to implement a commercial Solid Waste Recycling 144 program.
145 1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 146 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to 147 recycle Organic Waste under AB 1826 (“MORe”) or SB 1383 and that provide customers access to the 148 business, to provide customers with a Recyclable Materials bin and/or Organic Waste Collection bin for those 149 waste streams that is visible, easily accessible, and adjacent to each Bin or Container for trash. 150 1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act 151 of 1989”, codified in part in Public Resources Code §§ 40000 et seq., and such regulations adopted by 152 California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or 153 its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 154 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), and the Mandatory Commercial Organics Recycling Act 155 (AB 1826).
156 1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594, approved 157 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative 158 Daily Cover does not constitute Diversion through Recycling and would be considered Disposal. 159 1.05 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826, approved 160 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an 161 Organic Waste Recycling program to Divert from the landfill Organic Waste from businesses. Each business 162 meeting specific Organic Waste or Solid Waste generation thresholds phased in from April 1, 2016, to January 163 1, 2020, is required to arrange for Organic Waste Recycling services.

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164 1.06 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036, approved 165 September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting 166 the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, 167 license, or permit.
168 1.07 Abandoned Waste. “Abandoned Waste” refers to discarded materials from residential, 169 commercial, institutional, and industrial sources that have been left behind or improperly disposed of in public 170 areas. This includes items such as household trash, packaging, yard waste, and other everyday refuse that 171 is not deposited in designated Waste Collection systems or facilities. 172 1.08 Administrative Charges and Penalties. “Administrative Charges and Penalties” means 173 those charges listed in Exhibit 5 to this Agreement. 174 1.09 Agreement. “Agreement” means the written Solid Waste Collection Agreement between 175 the City and the Contractor covering the work to be performed, as well as all contract documents attached to 176 the agreement and made a part thereof.
177 1.10 Agreement Administrator. “Agreement Administrator” means the City Manager, or his or 178 her designee, designated to administer and monitor the provisions of the Agreement. 179 1.11 Agreement Year. “Agreement Year” means each twelve (12) month period from July 1 to 180 June 30 during the Term of this Agreement.
181 1.12 Alternative Fuel Vehicle. “Alternative Fuel Vehicle” means a vehicle whose engine uses a 182 fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably 183 low emissions of air pollutants regulated under the California Clean Air Act, Health, and Safety Code Section 184 39000 et seq. or the South Coast Air Quality Management District’s rules and regulations including Rule 1193. 185 1.13 Applicable Law. “Applicable Law” shall mean all federal, state, county, and local laws, 186 regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental 187 agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as 188 may be enacted, issued, or amended thereafter, including, without limitation, the City’s Municipal Code, the 189 California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) as 190 amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of 191 AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing the same. It shall 192 also include SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, and the 193 California Air Resources Board Advanced Clean Fleets regulations (2023). 194 1.14 Bin. “Bin” means a metal or plastic waste Container designed or intended to be 195 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to hold from one (1) to 196 six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins are 197 set forth in Exhibit 3.

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198 1.15 Biohazardous or Biomedical Waste. “Biohazardous or Biomedical Waste” means any 199 waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included 200 are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes, 201 which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 202 specimens, hypodermic needles, sharps, contaminated clothing, and surgical gloves. 203 1.16 Box. “Box” means a large open-top rectangular metal Container used to store and transport 204 Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris, or other materials, 205 Collected using a special vehicle equipped with hooks and a winch to pull the Box onto the flat bed of the 206 truck for transport.
207 1.17 Bulky Waste. “Bulky Waste” means furniture, household appliances, automobile tires, 208 shipping crates and containers, carpets, mattresses, oversized yard waste such as tree trunks and large 209 branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items 210 not normally discarded on a regular basis at a residential, commercial, or business establishment and which 211 do not fit in a regular Collection Container and require special handling due to their size but can be Collected 212 and transported without the assistance of special loading equipment (such as forklifts or cranes) and without 213 violating vehicle load limits. “Bulky Items” do not include Construction and Demolition Debris or Electronic 214 Waste, the latter of which is regarded as Universal Waste and the Disposal of which is governed by the 215 Department of Toxic Substances Control.
216 1.18 Business Day. “Business Day” means any Monday through Friday, excluding any holidays 217 as defined in Section 1.57.
218 1.19 Calendar Year. “Calendar Year” means each twelve (12) month period from January 1 to 219 December 31.
220 1.20 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) 221 and not more than one hundred (100) gallons, having a hinged tight-fitting lid and wheels, that is provided by 222 the exclusive franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for 223 Collection, accumulation, and removal of Solid Waste from commercial, industrial, or residential Premises in 224 connection with exclusive franchise Solid Waste Collection. The specifications for Contractor-provided Carts 225 are set forth in Exhibit 3.
226 1.21 CERCLA. “CERCLA” means the Comprehensive Environmental Response, Compensation 227 and Liability Act of 1980, 42 U.S.C. Sections 9601 and following, as may be amended and regulations 228 promulgated thereunder.
229 1.22 Change in Law. “Change in Law” means the occurrence of any of the following events after 230 the Effective Date, when such event has a material and adverse effect on either Party’s respective obligations 231 or the performance of its respective obligations under this Agreement (except for any payment obligations):
232 (i) the enactment, adoption, promulgation, amendment, repeal, judicial interpretation, or formal administrative Agenda Item Number: 8
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233 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any federal, state, or local 234 court or agency in a proceeding to which a Party is a party, but not to the extent such order or judgment finds 235 the Party asserting there to have been a Change in Law to have been negligent or otherwise at fault; or (iii) 236 the denial, suspension, or termination of any government permit or other entitlement, but not to the extent 237 such denial, suspension, or termination is the result of any act or omission of the Party asserting there to 238 have been a Change in Law.
239 1.23 City. “City” means the City of Sebastopol, California, including any unincorporated areas 240 of the County that may be annexed by the City during the Initial Term and all extensions. 241 1.24 City Collection Service. “City Collection Service” means City Clean-up Service, City 242 Garbage Collection Service, City Bulky Waste Collection Service, City Organic Waste Collection Service, City 243 Recyclable Materials Service, and City-Sponsored Events Service as more particularly described immediately 244 below.
245 A. City Clean-up Service. On-call City requested Collection from Agreement 246 Administrator to support City services and operations. 247 B. City Garbage Collection Service. The Collection of Garbage, by Contractor, from 248 City Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 249 C. City Bulky Waste Collection Service. The periodic on-call Collection of Bulky Waste, 250 by Contractor, from City Service Units in the Service Area, and the delivery of that Bulky Waste to the 251 Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the terms 252 of this Agreement.
253 D. City Organic Waste Collection Service. The Collection of Organic Waste, by 254 Contractor, from City Service Units in the Service Area, and the delivery of those Organic Waste materials 255 to the Organic Waste Processing Facility.
256 E. City Recyclable Materials Service. The Collection of Recyclables Materials by the 257 Contractor from City Service Units in the Service Area, and the delivery of those Recyclable Materials to the 258 Materials Recovery Facility.
259 F. City-Sponsored Event Service. On-call Collection Service at City-Sponsored 260 Events.
261 1.25 City Facility. “City Facility” means any building or other site that the City owns, leases, or 262 occupies that are listed in Exhibit 2.
263 1.26 City Manager. “City Manager” means the City Manager of the City of Sebastopol, or his or 264 her designated representative, or any employee of the City who succeeds to the duties and responsibilities 265 of the City Manager.

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266 1.27 Collect and Collection and Collected. “Collect”, “Collection”, and “Collected” all refer to the 267 removal of Solid Waste from a Service Unit and transportation to the Disposal Facility, Organic Waste 268 Processing Facility, Materials Recovery Facility, or Transfer Station, as appropriate. 269 1.28 Collection Container. “Collection Container” means a Bin, Cart, Debris Box, or Roll-Off 270 Container that is approved by the Agreement Administrator for use by Service Recipients for Collection 271 Service under this Agreement.
272 1.29 Collection Service. “Collection Service” means Contractor’s obligations under this 273 Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection 274 Service, Multi-Family Dwelling (MFD) Collection Service, Commercial Collection Service, and City Collection 275 Service.
276 1.30 Collection Vehicle. “Collection Vehicle” means a licensed vehicle that has all required 277 licenses to provide Collection Service and that has been approved by the Agreement Administrator for use 278 under this Agreement.
279 1.31 Commencement Date. “Commencement Date” is that date specified in Section 2.01 of this 280 Agreement.
281 1.32 Commercial Collection Service. “Commercial Collection Service” means Collection Service 282 provided to Commercial Service Units. Commercial Collection Service specifically includes the following:
283 A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor 284 from Commercial Service Units in the Service Area, and the delivery of that Garbage to the Disposal 285 Facility.
286 B. Commercial Organic Waste Collection Service. The Collection of Organic Waste, 287 by Contractor, from Commercial Service Units in the Service Area and the delivery of those Organic Waste 288 materials to the Organic Waste Processing Facility. 289 C. Commercial Recyclable Materials Collection Service. The Collection of Recyclable 290 Materials, by Contractor, from Commercial Service Units in the Service Area, and the delivery of those 291 Recyclable Materials to the Materials Recovery Facility. 292 1.33 Compactor. “Compactor” means any Collection Container which has a compaction 293 mechanism, whether stationary or mobile.
294 1.34 Compost. “Compost” means the act or product of the controlled biological decomposition 295 of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also 296 include the product of anaerobic digestion or other conversion technologies. 297 1.35 Construction and Demolition Debris. “Construction and Demolition Debris” means 298 discarded materials removed from Premises, resulting from construction, renovation, remodeling, repair, Agenda Item Number: 8
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299 deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or 300 from landscaping. Such materials include, but are not limited to: “inert wastes” as defined in Public Resources 301 Code Section 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt); gravel; plaster; 302 gypsum wallboard; aluminum; glass; plastic pipe; roofing material; carpeting; wood; masonry; trees; remnants 303 of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and 304 packaging; and rubble resulting from construction, remodeling, renovation, repair and demolition operations 305 on pavements, houses, commercial buildings, and other structures. 306 1.36 Consumer Price Index (CPI). “CPI” means both the index sets published by the United 307 States Department of Labor, Bureau of Labor Statistics and, more specifically, Consumer Price Index series 308 CUSR0000SEHG, Water and Sewer and Trash Collection Services in U.S. City Average, for All Urban 309 Consumers, seasonally adjusted.
310 1.37 Container. “Container" means a Collection Container. 311 1.38 Contaminant. “Contaminant” means any material or substance placed into or found in a 312 Collection Container, other than the type of material for which that Collection Container is intended or 313 reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a 314 Recyclable Materials Collection Container; anything that is not Organic Waste is a Contaminant if placed into 315 or found in an Organic Waste Collection Container; and anything that is not Trash is a Contaminant if placed 316 into or found in a Trash Collection Container.
317 1.39 Contractor. “Contractor” means Sonoma County Resource Recovery, LLC, which has 318 entered into this Agreement.
319 1.40 County. “County” means Sonoma County, California. 320 1.41 Customer. “Customer" means the owner, occupant, or user of Premises at which Solid 321 Waste is generated and then Collected by Contractor. Customers include Single Family Dwelling (SFD) 322 Customers, Multi-Family Dwelling (MFD) Customers, and Commercial Customers. City is also a receiver of 323 Collection Service, but not a Customer.
324 1.42 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at 325 a permitted landfill or other permitted Solid Waste Disposal facility, as defined in California Public Resources 326 Code Section 40192(b).
327 1.43 Disposal Facility. “Disposal Facility” means the permitted place or places listed in Exhibit 8 328 for the Disposal of Garbage or other materials as appropriate and acceptable. 329 1.44 Diversion or Divert. “Diversion” and “Divert” refer to the programs and activities that reduce 330 or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, 331 Recyclable Materials, and Composting.

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332 1.45 Diversion Compliance. “Diversion Compliance” means compliance with Diversion 333 requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for 334 Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.02. 335 1.46 Dwelling Unit. “Dwelling Unit” means a building or part of a building designed for residential 336 use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for 337 cooking and sleeping.
338 1.47 Edible Food. “Edible Food” has the same meaning as found in Section 13.16.010 of the 339 Sebastopol Municipal Code. Edible Food means food intended for human consumption. For purposes of this 340 Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement 341 requires or authorizes the recovery of food that does not meet the food safety requirements of the California 342 Retail Food Code.
343 1.48 Edible Food Recovery. “Edible Food Recovery” means the actions to Collect and distribute 344 Edible Food and distributing it to local food recovery organizations from places where it would otherwise go 345 to waste, such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining 346 facilities.
347 1.49 Effective Date. “Effective Date” shall mean the date on which the Agreement is signed by 348 the duly authorized representatives of the parties and delivered by the last of the parties to sign and deliver. 349 1.50 Electronic Waste (E-Waste). “E-Waste” means electronic equipment such as stereos, 350 televisions, computers, and other similar items Collected from SFD Service Units or MFD Service Units. 351 1.51 Exempt Waste. “Exempt Waste” consists of “Excluded Waste” as defined in Section 352 13.16.010 of the Sebastopol Municipal Code as well as Biohazardous or Biomedical Waste, Hazardous 353 Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, 354 lead-acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. 355 1.52 Food Waste. “Food Waste” means (1) food scraps, including all edible or inedible food 356 such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, 357 bread, cheese, coffee grounds, and eggshells; and (2) food-soiled paper, which is compostable paper 358 material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, 359 paper coffee cups, napkins, and pizza boxes. Food Waste excludes fats, oils, and grease when such materials 360 are Source Separated from other Food Waste.
361 1.53 Franchise Fee. “Franchise Fee” means a payment that the Contractor has voluntarily 362 agreed to pay to City in consideration of the exclusive rights granted by the City under this Agreement. City 363 and Contractor acknowledge and agree that the amount of the Franchise Fee is the result of bona fide, arms364 length negotiations between City and Contractor. Contractor further acknowledges and agrees that the 365 amount of the Franchise Fee represents the City’s costs associated with this Agreement as represented by Agenda Item Number: 8
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366 the City and payment for use of government property. Contractor is not required by this Agreement or any 367 City ordinance, resolution, or regulation to charge the Franchise Fee to Customers. Because the Franchise 368 Fee represents a cost to Contractor in performing services pursuant to this Agreement, Contractor may, in its 369 sole discretion, include an amount equal to the Franchise Fee in Contractor’s compensation. 370 1.54 Garbage. “Garbage” means all putrescible and non-putrescible solid, semi-solid, and 371 associated liquid waste generated or accumulated through the normal activities of a Premises. Garbage does 372 not include Recyclable Materials, Organic Waste, or Bulky Waste that is source-separated and set out for 373 purposes of Collection and Recycling.
374 1.55 Green Waste. “Green Waste” means grass clippings, leaves, landscape and pruning 375 waste, wood materials from trees and shrubs, and other forms of organic materials generated from 376 landscapes or gardens.
377 1.56 Gross Revenue. “Gross Revenue” means all monetary amounts actually Collected or 378 received by Contractor for the provision of all services pursuant to this Agreement, including, but not limited 379 to: all receipts from Service Recipients, inclusive of late charges, Contamination charges, Franchise Fees, or 380 any other cost of doing business. “Gross Revenue”, for purposes of this Agreement, does not include 381 revenues generated from the sale of Recyclable Material, Compost, or energy; or grants, cash awards, State 382 of California Department of Conservation payments, or rebates resulting from the performance of this 383 Agreement.
384 1.57 Hazardous Waste. “Hazardous Waste” shall have the meaning set forth in California Code 385 of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations 386 as may be amended from time to time.
387 1.58 Holiday. “Holiday” means New Year’s Day, Martin Luther King Jr. Day, Lincoln’s Birthday, 388 Washington’s Birthday, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, 389 Veterans Day, the Wednesday before Thanksgiving, Thanksgiving Day, Christmas Eve Day, Christmas Day, 390 and New Year’s Eve Day and any other day recognized by resolution of the City Council. 391 1.59 Household Hazardous Waste (HHW). “HHW” means that waste resulting from products 392 purchased by the general public for household use which, because of its quantity, concentration, or physical, 393 chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or 394 the environment when improperly treated, Disposed, or otherwise managed, or, in combination with other 395 Solid Waste, may be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the characteristics of 396 ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, 397 Chapter 11, Section 66261.3.
398 1.60 Kitchen Food Waste Pail. “Kitchen Food Waste Pail” means a plastic receptacle with a 399 rated capacity not exceeding two and one-half (2.5) gallons, having a hinged lid, suitable for use in a SFD 400 Service Unit for temporary storage of SFD Organic Waste that is approved for such purpose by City.

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401 1.61 Materials Recovery Facility. “Materials Recovery Facility” means the facility listed in Exhibit 402 8 to which Recyclable Materials are brought for separation into marketable Recyclable Materials. 403 1.62 Maximum Service Rate. “Maximum Service Rate” means the maximum amount that 404 Contractor may charge Service Recipients for Solid Waste Collection, as listed in Exhibit 1, and as may be 405 adjusted in accordance with the provisions of this Agreement. 406 1.63 Multi-Family Dwelling (MFD) Collection Service. “MFD Collection Service” means 407 Collection Service that serves a Multi-Family Dwelling, and specifically includes the following:
408 A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 409 MFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 410 B. MFD Bulky Waste Collection Service. The periodic on-call Collection of Bulky 411 Waste, by Contractor, from MFD Service Units in the Service Area and the delivery of those Bulky Waste to 412 the Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the 413 terms of this Agreement. MFD Bulky Waste Collection Service may include the Collection of Bulky Waste 414 using Roll-Off Containers.
415 C. MFD Organic Waste Collection Service. The Collection of Organic Waste, by 416 Contractor, from MFD Service Units in the Service Area, and the delivery of those Organic Waste materials 417 to the Organic Waste Processing Facility.
418 D. MFD Recyclable Materials Service. The Collection of Recyclables Materials by the 419 Contractor from MFD Service Units in the Service Area, and the delivery of those Recyclable Materials to 420 the Materials Recovery Facility.
421 1.64 Municipal Code. “Municipal Code” means the City of Sebastopol Municipal Code. 422 1.65 Non-Collection Notice. “Non-Collection Notice” means a written notice approved by the 423 Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste 424 set out for Collection.
425 1.66 Organic Waste. “Organic Waste” has the same meaning as set forth in Section 13.16.010 426 of the Sebastopol Municipal Code and means Food Waste, Green Waste, Wood Waste, and food-soiled 427 paper waste that is mixed in with Food Waste. Plastic bags, including compostable plastic bags, are not 428 accepted in the City’s Organic Materials Collection program unless otherwise determined mutually by City 429 and Contractor. Paper products and printing and writing paper, each as defined in SB 1383, may be placed 430 in either the Recyclable Materials Container or the Organic Waste Container. Carpet and textiles, as well as 431 compostable plastic materials, may not be placed in either the Recyclable Materials Container or the Organic 432 Waste Container.

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433 1.67 Organic Waste Collection Service. “Organic Waste Collection Service” means the 434 Collection of Organic Waste from Service Units, and the delivery of those Organic Waste materials to the 435 Organic Waste Processing Facility.
436 1.68 Organic Waste Processing Facility. “Organic Waste Processing Facility” means the facility 437 designed, operated, and legally permitted for the purpose of receiving and processing Food Waste, Green 438 Waste, and Organic Waste listed in Exhibit 8.
439 1.69 Overage. “Overage” means Solid Waste set out for Collection either on top of or outside of 440 a Container or in any manner that either prevents the Container lid from completely closing or potentially 441 causes Solid Waste to spill during Collection by Contractor’s vehicles. 442 1.70 Premises. “Premises” means any land or building in the City where waste is generated or 443 accumulated.
444 1.71 Processing. “Processing” means the acts of receiving, sorting, processing, baling, storing, 445 preparation, and otherwise recovering Garbage, Waste, Animal Waste, Biohazardous or Biomedical Waste, 446 Bulky Waste, Construction and Demolition Debris, Electronic Waste, Food Waste, Green Waste, Hazardous 447 Waste, Organic Waste, Solid Waste, and/or Wood Waste for disposal or transfer to other processors or 448 manufacturers.
449 1.72 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of 450 the following, but does not include Organic Waste specifically allowed for Collection in a Container that is 451 required to be transported to a high Diversion Organic Waste processing facility if the waste is specifically 452 identified as acceptable for Collection in that Container in a manner that complies with the requirements of 453 14 CCR Section 18984.1, 18984.2, or 18984.3: (A) Non-Organic Waste placed in a Collection Container 454 designated for Organic Waste provided pursuant to 14 CCR Section 18984.1 or 18984.2; (B) Organic Wastes 455 that are carpet, hazardous Wood Waste, or non-compostable paper placed in the Collection Container that 456 is part of an Organic Waste Collection Service provided pursuant to 14 CCR Section 18984.1 or 18984.2; (C) 457 Organic Wastes placed in a Collection Container designated for Garbage, that pursuant to 14 CCR Section 458 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic 459 Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for 460 Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were 461 specifically identified in this Agreement, or through local ordinance for Collection in the Container designated 462 for Organic Waste, or mutually agreed to and promulgated by the City and Contractor. Paper products, 463 printing and writing paper, wood, and dry lumber may be considered acceptable and not considered 464 Prohibited Container Contaminants if they are placed in Collection Container designated for Recyclable 465 Materials; and (E) Exempt Waste placed in any Collection Container. 466 1.73 Quarter. “Quarter” means a three-month period during a calendar year. The first Quarter is 467 January through March. The second Quarter is April through June. The third Quarter is July through 468 September. The fourth Quarter is October through December.

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469 1.74 Rate Year. “Rate Year” means the period of July 1 to June 30 for each year during the 470 Term of this Agreement.
471 1.75 Recyclable Materials. “Recyclable Materials” means those materials that are separated 472 from Solid Waste prior to Disposal to be recycled, consistent with the requirements of the Act. Recyclable 473 Materials that can be placed in the Recyclable Materials Container are listed in Exhibit 11, and the term also 474 includes any other items determined by the Agreement Administrator. 475 1.76 Recycling. “Recycling” means the process of Collecting, sorting, cleansing, treating, and/or 476 marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic 477 mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality 478 standards necessary to be used in the marketplace. The Collection, transportation, or Disposal of Solid Waste 479 not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined 480 in Public Resources Code Section 40201. Paper products and printing and writing paper, each as defined in 481 SB 1383, may be placed in either the Recyclable Materials Container or the Organic Waste Container. Carpet 482 and textiles, as well as compostable plastic materials, may not be placed in either the Recyclable Materials 483 Container or the Organic Waste Container.
484 1.77 Residential Collection Service. “Residential Collection Service” means ongoing regularly 485 scheduled Collection of Solid Waste by an exclusive franchise from Residential Service Units and MFD 486 Service Units, and the delivery of that Solid Waste to the Disposal Facility, Materials Recovery Facility, and/or 487 Organic Waste Processing Facility.
488 1.78 Residential Premises. “Residential Premises” means: (i) any Single-Family Dwelling; and 489 (ii) any Multi-Family Dwelling complex which, with the prior written approval of the City Manager, receives 490 Solid Waste Collection using standard residential Containers. 491 1.79 Roll-Off Container. “Roll-Off Container” means a metal Container with a capacity of ten 492 (10) or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to the 493 appropriate facility.
494 1.80 SB 1383. “SB 1383” means State of California Senate Bill 1383, Short-lived Climate 495 Pollutants: Organic Waste Reductions, approved September 19, 2016, and the regulations implementing the 496 law, Title 14, Code of California Regulations (CCR), Chapter 12. 497 1.81 SB 54. “SB 54” means State of California Senate Bill 54, Plastic Pollution Prevention and 498 Packaging Producer Responsibility Act, approved June 30, 2022, and the regulations implementing the law, 499 adding Chapter 3 within Part 3 of Division 30 of the California Public Resources Code. 500 1.82 Self-Haul. “Self-Haul” means the transportation of Solid Waste by the resident, owner, or 501 occupant of the Premises on which the Solid Waste was generated to a permitted Processing or Disposal 502 facility, pursuant to a City-issued permit and in accordance with the requirements of the Municipal Code.

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503 1.83 Service Area. “Service Area” means that area within the city limits of the City of Sebastopol 504 designated by City as the Service Area.
505 1.84 Service Recipient. “Service Recipient” means an individual or entity receiving Collection 506 Service. Service Recipient and Customer are used interchangeably depending on context. 507 1.85 Service Unit. “Service Unit” means a single subscriber to Contractor’s Solid Waste 508 Collection. Service Unit specifically includes the following:
509 A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll-Off Container(s) 510 for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 2 511 and may be modified by written notice to Contractor by the City. 512 B. Commercial Service Unit. All retail, professional, wholesale, and industrial 513 facilities, as well as other commercial enterprises offering goods or services to the public, that utilize a 514 Garbage Bin, Cart, Compactor, or Roll-Off Container for the accumulation and set-out of Commercial 515 Solid Waste.
516 C. Multi-Family Dwelling (MFD) or MFD. “Multi-Family Dwelling” or “MFD” shall mean 517 any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used for 518 residential purposes, and having five (5) or greater distinct living units. A MFD Service Unit refers to any 519 Multi-Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid 520 Waste originating from MFD residential Premises.
521 1.86 Single-Family Dwelling (SFD) Service Unit. “Single-Family Dwelling” and “SFD” shall mean 522 any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used for 523 residential purposes, and having four (4) or fewer distinct living units. A SFD Service Unit refers to any Single524 Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid Waste 525 originating from SFD residential Premises. The term SFD Service Unit is inclusive of all SFD Dwelling Units 526 regardless of how many SFD Dwelling Units sit on a single parcel; though multiple Dwelling Units may exist 527 on one parcel, to the extent that one SFD Dwelling has four (4) or fewer distinct living units, it shall be treated 528 as a SFD Service Unit.
529 1.87 SFD Collection Service. “SFD Collection Service” means SFD Garbage Collection Service, 530 SFD Recyclable Materials Service, SFD Organic Waste Collection Service, and SFD Bulky Waste Collection 531 Service.
532 A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from 533 SFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility. 534 B. SFD Bulky Waste Collection Service. The periodic on-call Collection of Bulky 535 Waste, by Contractor, from SFD Service Units in the Service Area, and the delivery of those Bulky Waste 536 to the Disposal Facility, Materials Recovery Facility, or other such facility as may be appropriate under the Agenda Item Number: 8
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537 terms of this Agreement. SFD Bulky Waste Collection Service does not include the Collection of Bulky 538 Waste using Roll-Off Containers.
539 C. SFD Organic Waste Collection Service. The Collection of Organic Waste, by 540 Contractor, for SFD Service Units in the Service Area, and the delivery of those Organic Waste Materials 541 to the Organic Waste Processing Facility.
542 D. SFD Recyclable Materials Service. The Collection of Recyclable Materials by the 543 Contractor from SFD Service Units in the Service Area the delivery of those Recyclable Materials to the 544 Materials Recovery Facility.
545 1.88 Single-Family Dwelling or SFD. “Single-Family Dwelling” or “SFD” means any residential 546 Premises with four (4) or fewer single attached Dwelling Units, each designed for use by one bona fide 547 housekeeping group.
548 1.89 Sludge. “Sludge” means the accumulated solids, residues, and precipitates generated as 549 a result of waste treatment or processing, including wastewater treatment, water supply treatment, or 550 operation of an air pollution control facility, as well as mixed liquids and solids pumped from septic tanks, 551 grease traps, privies, or similar disposal appurtenances, or any other such waste having similar 552 characteristics or effects.
553 1.90 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and 554 liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 555 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 556 dewatered, treated, or chemically fixed sewage Sludge which is not Hazardous Waste, vegetable or animal 557 solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public 558 Resources Code Section 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable 559 Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health 560 and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to the Health and Safety 561 Code Section 117600 et seq.
562 1.91 Solid Waste Collection. “Solid Waste Collection” means the Collection of Garbage, 563 Recyclable Materials, and Organic Waste within the corporate limits of City, and the transportation of such 564 material to appropriate places for processing, Recycling, Composting, and/or Disposal. 565 1.92 Source Separated. “Source Separated” means materials that have been kept separate in 566 the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order 567 to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted 568 products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined 569 in 14 CCR Section 17402.5(b)(4).
570 1.93 Source Reduction and Recycling Element (SRRE). “SRRE” means a formal planning 571 document that demonstrates how the City will comply with the Act’s Diversion goals.

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572 1.94 Subcontractor. “Subcontractor” means a person who has entered into a contract, express 573 or implied, with Contractor for the performance of an act that is necessary for Contractor’s fulfillment of its 574 obligations for providing service under this Agreement. Notwithstanding any other provision in this Agreement, 575 vendors providing materials, supplies, or professional services to Contractor, Subcontractors, and Disposal 576 or Processing facilities that are not owned by Contractor or by affiliates of Contractor, shall not be considered 577 Subcontractors for any purpose under this Agreement. 578 1.95 Term. “Term” means the time period or duration for which this Agreement is in effect. 579 1.96 Tier One Commercial Edible Food Generator. “Tier One Commercial Edible Food 580 Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 581 compliance deadline of January 1, 2022. Tier One Generators may include supermarkets; grocery stores with 582 a total facility size equal to or greater than 10,000 square feet; food service providers that serve institutional, 583 governmental, commercial, or industrial locations; food distributors; and/or wholesale food vendors. 584 1.97 Tier Two Commercial Edible Food Generator. “Tier Two Commercial Edible Food 585 Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 586 compliance deadline of January 1, 2024. Tier Two Generators may include restaurants with 250 or more 587 seats or a total facility size equal to or greater than 5,000 square feet; hotels with an on-site food facility and 588 200 or more rooms; health facilities with an on-site food facility and 100 or more beds; large venues 589 (permanent venue facilities that annually seat or serve an average of more than 2,000 individuals within the 590 grounds of the facility per day of operation); large events (events that serve an average of more than 2,000 591 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, 592 or privately owned park, parking lot, golf course, street system, or other open space when being used for an 593 event); state agencies; and/or local education agencies. 594 1.98 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 8 for 595 conveyance of Solid Waste Collected by Contractor into larger vehicles prior to transportation of the Solid 596 Waste to the Disposal Facility or Processing Facility. 597 1.99 Unicycling. “Unicycling” means a method of separating trash and Recyclable Materials in 598 a single Collection Container. Garbage materials are Collected in bags and deposited into the Collection 599 Container, and Recyclable Materials are deposited into the Collection Container loose and unbagged. 600 1.100 Universal Waste or U-Waste. “Universal Waste” or “U-Waste” means electronic devices, 601 dry-cell batteries, non-empty aerosol cans, fluorescent lamps, fluorescent bulbs, mercury thermostats, and 602 other mercury-containing equipment.
603 1.101 Waste. “Waste” means the useless, unused, unwanted, or discarded material and debris 604 resulting from normal residential and commercial activity or materials which, by their presence, may injuriously 605 affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof.

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606 1.102 Waste Generator. “Waste generator” means any person, as defined by the most current 607 version of the Public Resources Code, whose act or process produces Solid Waste as defined in that same 608 code, or whose act first causes Solid Waste to become subject to regulation. 609 1.103 Workday. “Workday” means any day, Monday through Saturday, that is not a Holiday as 610 set forth in this Agreement.
611 1.104 Wood Waste. “Wood Waste” means Solid Waste consisting of stumps, large branches, 612 tree trunks, and wood pieces or particles that are generated from the manufacturing or production of wood 613 products; harvesting, processing, or storage of raw wood materials; or Construction and Demolition activities. 614 Article 2. Term of Agreement
615 2.01 Term of Agreement. The Term of this Agreement will be for a fifteen (15) year period 616 beginning July 1, 2025, and terminating on June 30, 2040. Contractor shall commence performance of its 617 Solid Waste Collection obligations under this Agreement on July 1, 2025 (“Commencement Date”). 618 2.02 Optional Extension of Term. City may, in its sole discretion, grant Contractor two additional 619 five (5) year extensions of the Term. The City may decline to negotiate an extension of the Term if the following 620 preconditions are not satisfied; (1) Contractor is not then in default of any material term or condition of the 621 Agreement; (2) Contractor has paid City on time all required fees associated with Agreement; or (3) Contractor 622 must request the Optional Extension of Term by January 1, 2039, in order to be eligible for the first extension, 623 and by January 1, 2044, to be eligible for the second extension. City shall consider performance standards 624 and the results of performance reviews, as outlined in Article 17, in decisions regarding extension of term. 625 Article 3. Conditions Governing Services Provided by Contractor 626 3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 627 conditions set forth herein, including the limitations set forth in Sections 3.02 and 3.03, the exclusive franchise, 628 right, and privilege to Collect, transport, and Process (as legally applicable), in a lawful manner, Solid Waste, 629 Recyclable Materials, Organic Materials, Bulky Waste, and Construction and Demolition Debris accumulating 630 in the City’s Service Area that are required to be accumulated and offered for Collection to the Contractor in 631 accordance with Applicable Law, for the Term of and within the scope set forth in this Agreement. 632 3.02 Recyclable Materials, Organic Waste, and Bulky Waste Discarded by Service Recipients. 633 This Agreement shall not prohibit any person from selling Recyclable Materials or Organic Waste or giving 634 Recyclable Materials or Organic Waste away to persons or entities other than Contractor. However, in either 635 instance: (1) the Recyclable Materials and Organic Waste must be Source Separated from and not mixed 636 with other Solid Waste; and (2) the seller/donor may not pay the buyer/donor any consideration for Collecting, 637 processing, or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price 638 for Collection, Disposal, and/or Recycling services for any form of un-segregated or segregated Solid Waste 639 is not a sale or donation of Recyclable Materials or Organic Waste, and such Solid Waste does not qualify Agenda Item Number: 8
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640 for this exception. However, once the Recyclable Materials or Organic Waste have been placed in the 641 Collection Container and the Container set out for Collection, the Recyclable Materials or Organic Waste 642 become the property of Contractor.
643 3.03 Exclusions to Exclusivity.
644 3.03.1 Specialized Recyclable Materials. If Contractor is unable or unwilling to Collect and 645 process for Diversion specialized materials, including, but not limited to, Organic Waste, metals, 646 Construction and Demolition Debris, laboratory waste, pallets, clothing, shoes, textiles, plastic, and others, 647 and a third party is able to re-use or Recycle one or more of these materials, Service Recipients shall have 648 the right to engage the third-party recycler to Collect and Recycle those Source-Separated Recyclable 649 Materials, provided that the Diversion is verified by the City. 650 3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a 651 Commercial Service Unit has Source Separated Recyclable Material, the Waste Generator is entitled to sell 652 that Recyclable Material or be otherwise compensated in a manner resulting in a net positive payment to the 653 Waste Generator, when such collector is permitted as appropriate under the City Municipal Code. 654 3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain 655 byproducts from the processing of food or beverages from agricultural or industrial sources, provided they 656 do not include animal, including fish, processing byproducts, they are Source-Separated, they are not 657 discarded (meaning the generator may not pay the recipient any consideration, or accept a discount or 658 reduction in price for Collecting, Processing, or transporting such material), and they are used as animal 659 feed, are exempted from Contractor’s exclusive franchise under this Agreement. Entities requesting 660 exemption must apply to the City and be any of the following: registered pursuant to Section 110460 of the 661 Health and Safety Code or be exempted from registration pursuant to Section 110480 of the Health and 662 Safety Code or be a beer manufacturer as defined in Section 23012 of the Business and Professions Code, 663 or be a distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code. 664 3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which 665 is Source Separated at any Premises by the waste generator and donated to youth, civic, or charitable 666 organizations qualified as such pursuant to Federal law. 667 3.03.5 Gardening or Landscape Services. Green Waste removed from a Premises by a 668 gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that 669 company rather than as a hauling service.
670 3.03.6 Animal waste. Animal waste and remains from slaughterhouses or butcher shops 671 for use as tallow.
672 3.03.7 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to Disposal or 673 Processing Facilities, to the extent authorized by the Municipal Code.

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674 3.03.8 Materials Generated or Accumulated During An Emergency or Disaster. During an 675 emergency or disaster, as determined by City in its sole discretion, City may enlist additional contractors or 676 other entities in the Collection, transportation, and/or Disposal of any and all types of materials that are 677 generated or accumulated. In particular, the City may choose to pursue reimbursement of disaster services 678 through the Federal Emergency Management Agency (FEMA), which would require that the associated 679 disaster services be secured via a competitive bidding process. Contractor shall not be prohibited by any 680 part of this Agreement from participating in this competitive bidding process, but City shall be free to put 681 services associated with declared disasters out to bid in accordance with FEMA requirements and enlist 682 additional contractors based on the results of that process. 683 3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing 684 and collection of payments for Solid Waste Collection by Contractor within the Service Area. 685 Article 4. Franchise Fees and Payments
686 4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by 687 Contractor to City under this Agreement are the product of extensive negotiations and constitute valid 688 consideration for the rights and privileges granted to Contractor under this Agreement. 689 4.02 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall 690 reimburse the City a one-time fee of two hundred thousand dollars ($200,000) for the cost of the Collection 691 Agreement solicitation, evaluation, negotiation, and award process. This fee shall be due and payable on the 692 thirtieth (30th) day after the Effective Date of the Agreement. This fee shall not be recoverable via Contractor’s 693 Collection Service Rates or any other form of compensation under this Agreement. 694 4.03 Funding for Downtown Container Infrastructure. Contractor shall pay the City a one-time 695 fee of twenty-five thousand dollars ($25,000) for the cost of refurbishing public Solid Waste Containers in 696 and/or purchasing new Solid Waste Containers for the downtown area of the City. This fee shall be due and 697 payable on the thirtieth (30th) day after the Effective Date of the Agreement. Upon request, Contractor shall 698 provide recommendations to City regarding types and brands of Containers that are more likely to lead to 699 desired public behaviors and increased diversion.
700 4.04 Transition Assistance Support. Contractor shall pay the City a one-time fee of seventy-five 701 thousand dollars ($75,000) for costs the City will incur during the process of transitioning from the existing 702 Solid Waste contractor to Collection Service with Contractor. This fee shall be due and payable on the thirtieth 703 (30th) day after the Effective Date of the Agreement. 704 4.05 Monthly Fees and Payments. The following monthly fees and payments shall be due and 705 payable on the twentieth day of the month following the end of each month for which Solid Waste Collection 706 was provided, with the first such payment being due on November 20, 2025. The City Council may adjust the 707 Monthly Fees by resolution, in which case Contractor shall be entitled to an adjustment to Maximum Service 708 Rates as a City-directed change in accordance with Section 30.01. The Monthly Fees shall be accompanied Agenda Item Number: 8
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709 at the time of payment by a written report, in a format acceptable to the City, setting forth the calculations 710 Contractor used to determine the amount due and the basis for those calculations. Figures used in the report 711 shall be taken from Contractor’s general books of account, and Contractor shall retain all supporting 712 documentation in accordance with the records retention requirements in Section 22.01. 713 4.05.1 Franchise Fee. Contractor shall pay to City a Franchise Fee set by City Council 714 resolution. The Franchise Fee shall be due and payable monthly within twenty (20) days following the end 715 of each month. If payment is not received within said twenty (20) day period, interest shall accrue thereon 716 at the maximum interest rate permitted under California law, but not to exceed ten (10) percent per annum. 717 Any adjustment to the Franchise Fee shall have prospective effect only; provided, however, that should any 718 adjustment to the Franchise Fee, in the Council’s discretion, be given retroactive effect, the adjustment to 719 Maximum Service Rates shall also be given such effect. 720 4.06 Adjustments to Fees. City may set other fees or adjust the fees established in this Article 721 from time to time during the Term of this Agreement, and such adjustments and any Franchise Fee 722 adjustments shall be included in the adjustment of Maximum Service Rates as described in Exhibit 1. 723 4.07 Time and Method of Payment. Contractor shall pay all amounts owed under this Article 724 without prior notice or demand and without abatement, deduction, offset, or credit in lawful money of the 725 United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in 726 which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post727 marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped 728 receipt from the City by 5:00 p.m. Pacific Time (PT) on the due date. 729 4.08 Franchise Fee Disputes. In the event of any disputes between the Contractor and the City 730 with respect to the fees described in this Article, the City shall provide the Contractor with written objection 731 within one hundred eighty (180) days of the receipt of the written report described in Section 4.05, 732 encompassing the dispute amount. The City shall state its objections in writing with reference to the applicable 733 portion(s) of the report and its reasons then known for its dispute. The Parties agree to meet and confer 734 regarding any such dispute. Should agreement between City and Contractor on fees owed not be reached 735 within sixty (60) days of the City’s written objections, or other period as agreed upon by both parties, City and 736 Contractor agree to submit the fee dispute to binding arbitration as described in Article 31. 737 4.09 In the event any City-Imposed fee (hereinafter “CIF”) is determined by an arbitrator or court 738 to be excessive, invalid, or unenforceable, then: (i) Contractor shall not charge or collect the future portion of 739 such CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City 740 is required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter Contractor 741 shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer 742 account and the City shall reimburse Contractor for such amounts. In no event shall Contractor retain any 743 portion of the fees reimbursed by City; (iii) to the extent the Customers are entitled to a reimbursement of 744 such CIF, and City is required by a court to directly reimburse Customers, Contractor shall assist City in 745 identifying all Customers entitled to a reimbursement, quantifying the reimbursement amount attributable to Agenda Item Number: 8
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746 each Customer account, and obtaining and providing to City any other information needed to satisfy the 747 obligations imposed by a court; and (iv) City and Contractor will, within thirty (30) days following such 748 arbitration or court decision, meet and confer to negotiate in good faith and using reasonable efforts to attempt 749 to agree on modifications to the Agreement.
750 Article 5. General Requirements
751 5.01 Service Standards. Contractor must perform all Solid Waste Collection under this 752 Agreement in a thorough and professional manner as described in Article 25, while meeting the minimum 753 performance and Diversion standards listed in Article 17, according to the Sustainability and Compliance Plan 754 (Exhibit 9) developed by the Contractor and approved by the City. 755 5.02 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, 756 facilities, and personnel supervision required for the performance of Contractor’s obligations under this 757 Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s 758 obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of 759 labor, equipment, tools, facilities, or supervision will be provided or paid to Contractor by City or by any Service 760 Recipient except as expressly provided by this Agreement. 761 5.03 Holiday Service. Contractor is not required to provide Solid Waste Collection or maintain 762 office hours on New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day. In any 763 week in which one of these Holidays falls on a Workday, SFD Collection Service for the Holiday and each 764 Workday thereafter will be delayed one Workday for the remainder of the week, with normally scheduled 765 Friday SFD Collection Service being performed on Saturday. Contractor shall not be required to maintain 766 office hours on such a Saturday, but shall instead be permitted to utilize a voicemail system that is checked 767 hourly for messages between the hours of 8:00 a.m. and 5:00 p.m. Any messages that request or necessitate 768 an immediate response shall be responded to by Contractor that day. Commercial Collection Service will be 769 adjusted as set forth in Article 12, but must meet the minimum frequency requirements of one (1) time per 770 week. Solid Waste Collection will not take place on Sundays, unless previously authorized by the Agreement 771 Administrator. On all other Holidays observed by the City (Martin Luther King Jr. Day, Lincoln’s Birthday, 772 Washington’s Birthday, Cesar Chavez Day, Memorial Day, Juneteenth, Veterans Day, the Wednesday before 773 Thanksgiving, Christmas Eve Day, and New Year’s Eve Day), Contractor shall provide Solid Waste Collection 774 Service as scheduled, but Contractor is not required to maintain office hours. 775 5.04 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles 776 and their contents used to provide services pursuant to this Agreement at any reasonable time while operating 777 inside or outside the City without advance notice to the Contractor. 778 5.05 Commingling of Materials.
779 5.05.1 SFD Materials Collected in Sebastopol. Contractor may not at any time commingle 780 any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor Agenda Item Number: 8
Agenda Item Number: 8
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781 inside or outside the City of Sebastopol without the express prior written authorization of the Agreement 782 Administrator.
783 5.05.2 Commercial Garbage Materials Collected in Sebastopol. Contractor may 784 commingle Commercial Garbage materials Collected pursuant to this Agreement with other materials 785 Collected outside the City of Sebastopol, provided that Contractor tracks the tonnage of Commercial material 786 Collected inside the City of Sebastopol separately using a City-approved allocation methodology. Changes 787 to the allocation methodology may only be made with the express prior written authorization of the 788 Agreement Administrator.
789 5.05.3 Recyclable Materials. Subject to Sections 10.09.2, 11.08.4, and 12.05.4, Contractor 790 may not at any time commingle SFD or Commercial Recyclable Materials Collected pursuant to this 791 Agreement with any other material type Collected by Contractor without the express prior written 792 authorization of the Agreement Administrator.
793 5.05.4 Organic Waste. Subject to Sections 10.10.3, 11.09.5, and 12.06.6, Contractor may 794 not at any time commingle SFD or Commercial Organic Waste Collected pursuant to this Agreement with 795 any other material type Collected by Contractor, without the express prior written authorization of the 796 Agreement Administrator.
797 5.05.5 Commingled Garbage and Recyclables. Only in special circumstances in which 798 separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written 799 authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable 800 Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing 801 Recyclable Materials for Diversion.
802 5.06 Contamination. Contractor must offer the Service Recipients the correct combination of 803 Cart and Bin sizes and Collection frequency beyond the minimum bundled service requirements, as 804 necessary, that matches their unique service needs to reduce Contamination, and to provide service at the 805 least cost to Service Recipients. To support City’s Diversion goals and Contractor’s Diversion Requirements 806 as set forth in Article 8, Contractor is only required to Collect and process Recyclable Materials if they have 807 been separated by the Service Recipient from Garbage and Organic Waste and will only be required to Collect 808 Organic Waste if it has been Source Separated by the Service Recipient from Garbage and Recyclable 809 Materials.
810 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide 811 outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance 812 Plan provided as Exhibit 9 and the Education and Outreach Plan provided as Exhibit 10. Additionally, 813 Contractor’s route Collection personnel will report to Contractor’s supervisors if they observe potential 814 Contamination problems and/or insufficient Collection capacity. For purposes of determining if Recyclable 815 Materials or Organic Waste are deemed to be Contaminated, if, by visual or digital inspection, Recyclable 816 Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by Agenda Item Number: 8
Agenda Item Number: 8
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817 visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable 818 Materials, then Recyclable Materials and/or Organic Waste will be deemed to be Contaminated and 819 Contractor may take the following steps:
820 5.07 Violations by Service Recipients. The following provisions will apply to all Commercial, 821 MFD, and SFD Service Recipients. An occurrence is defined as an event of Contamination in one day, 822 meaning that two occurrences cannot occur on the same day. 823 5.07.1 First and Second Occurrence. For the first and second occurrence within any rolling 824 12-month period of Contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), 825 Contractor must Collect the Contaminated Container (as Solid Waste) and must affix to the Contaminated 826 Container a Contamination Violation Notice which contains instructions on the proper procedures for sorting 827 Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, email, 828 or in person (which may be a Container tag that meets SB 1383 requirements), that for the third and 829 subsequent incidents of excess Contamination, the Service Recipient may be charged a Contamination fee 830 for the Contaminated Container, and Contractor may increase the Collection Container size, or require an 831 additional Collection Container. Contractor’s representative must also contact the Service Recipient by 832 phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 1383 requirements) to 833 ensure that they have the appropriate level of service for proper Collection of Recyclable Materials and/or 834 Organic Waste. Contractor must also document the Contamination issue and provide digital/visual 835 documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 836 Contamination problems.
837 5.07.2 Third Occurrence. For the third or subsequent occurrence within any rolling 12- 838 month period of Contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), 839 Contractor must Collect the Contaminated Container (as Solid Waste) and must charge the Service 840 Recipient a Contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable 841 Materials or Organic Waste Collection Service. Contractor must provide (or have provided) 842 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s 843 on-going Contamination problems and written Notices of Contamination as described above. Contractor may 844 increase the Container size or Collection frequency and impose a Contamination surcharge on the account 845 for a period of six months or until the Service Recipient has demonstrated no Contamination for a period of 846 three consecutive months. Contractor must document Contamination issue and surcharge and notify City 847 within five (5) Business Days if Contractor increases the Container size or Collection frequency for excessive 848 Contamination or imposes the Contamination surcharge on the account. City will consult with Contractor and 849 consider and pursue, as applicable, appropriate legal remedies against offending Service Recipients to 850 secure discontinuance of the Contamination.
851 5.08 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination 852 occurrence is tracked annually per Calendar Year, and resets at the start of each Calendar Year if 853 Contamination occurrences are not active and consecutive. Where Contamination is occurring, and 854 occurrences are consecutive and unremedied, their count shall continue across Calendar Years until remedy Agenda Item Number: 8
Agenda Item Number: 8
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855 occurs. In this case, once the Service Recipient has demonstrated no Contamination for a period of three 856 consecutive months, the tracking calendar will reset. 857 5.09 Disputes Over Excess Contamination Charges. If Service Recipient disputes a 858 Contamination charge (which must be within thirty (30) days of them being receiving notice for the charge), 859 Contractor will temporarily halt any Contamination charge and/or increased Maximum Service Rate resulting 860 from increasing the Collection Container size, or Collection frequency, and Contractor may request a ruling 861 by the City Manager to resolve the dispute. During the pendency of any request, Contractor may restore 862 Container size or number, or Collection frequency to the prior levels. A request by Contractor to the City 863 Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting of 864 Contamination charge, or increased Maximum Rate, and must include written documentation and 865 digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or 866 phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the 867 City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on 868 resolving the dispute between Contractor and Service Recipient will be final. If the City Manager rules in favor 869 of the Service Recipient, Contractor will credit the disputed Contamination charges or increased Maximum 870 Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service Recipient the 871 prior halted Contamination charge and/or increased Maximum Service Rate resulting from increasing the 872 Collection Container size or Collection frequency and may follow the steps in Exhibit 6 for collection of 873 delinquent accounts.
874 5.10 Overage and Correction Procedures. Contractor shall provide the Service Recipients the 875 correct combination of Collection Containers and Collection frequency that matches each Service Recipient’s 876 unique service needs to enable clean, efficient, and cost-effective Collection of Solid Waste, Recyclable 877 Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in 878 the Service Recipient’s Solid Waste Collection Containers negatively impacts public health and safety. 879 Contractor has also agreed to conduct Recycling audits and provide outreach and support to Service 880 Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually 881 overflow their Solid Waste Collection Containers (i.e., lid will not close, and/or material not contained within 882 Container), Contractor may take the steps listed below to correct Service Recipient’s on-going overflow of 883 Solid Waste.
884 5.10.1 Prior Arrangements for Collection. If the Service Recipient has made prior 885 arrangements with Contractor for Collection of Solid Waste Overages, Contractor must Collect such 886 Overages as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior 887 arrangement) set forth in Exhibit 1.
888 5.10.2 No Prior Arrangements. If the Service Recipient has not made prior arrangements 889 with Contractor for Collection of Solid Waste Overage, (i) Contractor may Collect such Solid Waste Overage 890 at no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a 891 Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor 892 may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Agenda Item Number: 8
Agenda Item Number: 8
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893 Overage fee (no prior arrangement) set forth in Exhibit 1 as provided below, or increase the capacity or 894 frequency of Collection of the existing Collection Container(s) to match documented service needs as 895 provided below. In managing Solid Waste Overages, the following apply:
896 5.10.2.1 SFD Service Recipients – Each Occurrence. For each occurrence 897 Contractor will not Collect the Solid Waste Overage because the Collection Container could not be serviced 898 by normal operating procedures or cause spillage upon servicing, Contractor must provide written notice 899 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the 900 date, description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for SFD 901 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 902 request an additional Collection Container to eliminate future Overages. For each occurrence Contractor 903 charges a Service Recipient the Solid Waste Overage fee (no prior arrangement) set forth in Exhibit 1, 904 Contractor will document the physical condition of the Collection Container and associated Overage with 905 one or more photographs and retain this documentation for the period of at least one year. 906 5.10.2.2 Commercial and MFD Service Recipients – Each Occurrence. 907 Contractor must provide a written notice on the Container and may provide a copy of the notice via email, 908 U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, 909 description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for MFD 910 Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) 911 request an additional Collection Container to eliminate future Overage. Contractor may Collect the Solid 912 Waste Overage and may charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1 913 and increase the capacity or Collection frequency of the Collection Container to match documented service 914 needs. At least ten (10) Business Days prior to increasing the Collection Container size or frequency of 915 Collection, Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, 916 or in person (which may be by Non-Collection Notice) to ensure that Service Recipient has the appropriate 917 level of service. Contractor must document Overage issue and notify City within ten (10) Business Days of 918 any changes in Service Recipient’s Collection Container size or Collection frequency. The increased 919 capacity or Collection frequency will remain in effect until Contractor determines that it is no longer needed 920 to prevent Overages, which may be longer than the one Calendar Year stated above. Such determination 921 will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure 922 set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending 923 Service Recipients in order to secure discontinuance of the Overages. 924 5.10.2.3 Tracking Occurrences of Solid Waste Overage. Regarding 925 Section 5.10, after twelve (12) months have passed from the last applicable Solid Waste Overage 926 occurrence, the next Solid Waste Overage occurrence will be deemed a first Solid Waste Overage 927 occurrence.
928 5.10.3 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid 929 Waste Overage charge or Container size or Collection frequency change within 30 days of the disputed 930 action, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Agenda Item Number: 8
Agenda Item Number: 8
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931 Rate resulting from increasing the Collection Container size or Collection frequency, and Contractor may 932 request a ruling by the City Manager to resolve the dispute. During the pendency of any request, Contractor 933 may restore Container size or number, or Collection frequency, to the prior levels. A request by Contractor 934 to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s 935 halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written 936 documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a 937 meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following 938 such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the City 939 Manager’s decision on resolving the dispute between Contractor and Service Recipient will be final. If the 940 City Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased 941 Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service 942 Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting 943 from increasing the Solid Waste Collection Container size or Collection frequency and may follow the steps 944 in Exhibit 6 for collection of delinquent accounts. 945 5.10.4 Notifying City of Habitual Overflow. Contractor shall notify the City regarding 946 Commercial and MFD Customers that habitually overflow their Containers, where habitual overflow is 947 defined as three (3) or more instances per Quarter, so that the City can take appropriate action with such 948 Customers to secure discontinuance of the Overages. 949 5.11 Ownership of Materials. Except as provided otherwise under Applicable Law, title to 950 Residential Waste, Commercial Solid Waste, Recyclable Materials, Organic Waste, Bulky Waste, and 951 Construction and Demolition Debris will pass to Contractor at such time as said materials are set out for 952 Collection.
953 5.12 Spillage and Litter. Contractor may not litter Premises in the process of providing Solid 954 Waste Collection or while its vehicles are on the road. Contractor must transport all materials Collected under 955 the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from 956 Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Solid Waste 957 Collection so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable 958 Materials, or Organic Materials, and must immediately, at the time of occurrence, clean up such spilled or 959 dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials. 960 5.12.1 Contractor is not responsible for cleaning up sanitary conditions caused by the 961 carelessness of the Service Recipient; however, Contractor must clean up any material or residue that is 962 spilled or scattered by Contractor or its employees, or from Overage. 963 5.12.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting 964 from Contractor’s operations or equipment repair must be covered immediately with an absorptive material 965 and removed from the street surface. Contractor must document spillage and notify City’s stormwater 966 compliance coordinator within ninety (90) minutes of any spills resulting from Contractor’s operations or 967 equipment. When necessary, Contractor must apply a suitable cleaning agent and cleaning technique to the Agenda Item Number: 8
Agenda Item Number: 8
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968 street surface to provide adequate cleaning as approved by the City’s stormwater compliance coordinator to 969 be compliant with the City’s stormwater permit.
970 5.12.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or 971 litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, 972 Contractor must engage a third-party environmental clean-up specialist to remove any equipment oil, 973 hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. 974 If clean-up is not conducted to the satisfaction of City, City has the right to engage environmental clean-up 975 specialist to perform additional clean-up work at the expense of Contractor. In the event of Contractor’s spill 976 or release of a Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, 977 County, or local governmental agency having jurisdiction over same as may be required under federal, State, 978 County or local law or regulation.
979 5.12.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., 980 any physical damage more than a simple cosmetic stain caused by the spill), Contractor shall be responsible 981 for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be 982 responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner 983 satisfactory to the City and at no cost to the City. 984 5.12.5 To facilitate immediate clean-up, Contractor’s vehicles must always carry enough 985 petroleum absorbent materials, along with a broom and shovel. 986 5.13 SB 1383 Universal Roll-Out. Contractor shall provide Organic Materials Collection service 987 to all of its Customers within City who are subscribed to and pay for Solid Waste Collection service, unless 988 (i) the Customer is categorically exempted under City’s Municipal Code from the requirement to subscribe for 989 Organic Materials Collection service, (ii) the Customer qualifies for and is granted a State- or City-issued 990 waiver, or (iii) the Customer refuses Organic Waste service. Contractor will work with Customers to 991 appropriately size Collection Containers such that source-separation of all materials is possible without any 992 overflow of material, and if any disputes arise or Overages occur, the City will make the final determination 993 on proper Container size.
994 5.14 Regulations and Record Keeping. Contractor must comply with emergency notification 995 procedures required by Applicable Laws and regulatory requirements. All records required by regulations 996 must be maintained at Contractor’s offices. These records must include waste manifests, waste inventories, 997 waste characterization records, inspection records, incident reports, and training records. 998 5.15 Response Times for City Requests. Upon receiving a data request or information request 999 from City that is not covered by other timeline requirements articulated in this document, and provided that 1000 the request from City shall not take more than eight (8) hours of Contractor staff time to complete, Contractor 1001 shall compile the requested information and send back a complete response within five (5) Business Days of 1002 receipt of the request.

Agenda Item Number: 8
Agenda Item Number: 8
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1003 Article 6. Collection Service Rates
1004 6.01 Collection Service Rates. Collection Service Rates effective [July 1, 2025, IF CITY 1005 COUNCIL SELECTS EXHIBIT 1A – IF CITY COUNCIL SELECTS EXHIBIT 1B, THEN THIS PROVISION 1006 ALSO INCLUDES JULY 1, 2026, AND JULY 1, 2027], shall not exceed the Maximum Service Rates listed in 1007 Exhibit 1. [ALL REFERENCES TO EXHIBIT 1 REFER TO EITHER EXHIBIT 1A OR EXHIBIT 1B, 1008 DEPENDING ON WHICH IS SELECTED BY THE CITY COUNCIL.] Contractor shall not charge any Service 1009 Recipient an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may 1010 only be adjusted as provided in this Agreement.
1011 6.02 Low-Income Discount as Contractor’s Good Will. In exchange for the good will of the City 1012 and the general public, Contractor voluntarily agrees to discount the rate it charges for Solid Waste Collection 1013 provided to eligible Service Recipients (the “Discount”) and that the Discount shall neither impact the 1014 Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. Contractor 1015 shall make the Discount available to any person who demonstrates through appropriate documentation that 1016 they are: (i) a person of low, lower, or extremely low income, as demonstrated by enrollment in a discounted 1017 utility program; and (ii) the service account holder; and (iii) the head of household and occupant at the Service 1018 Unit address. Within thirty (30) days of the Commencement Date, Contractor shall provide educational 1019 materials describing and explaining the availability and how to qualify for and receive the Discount to all 1020 persons in the City currently subscribed to a discount rate program. Contractor shall thereafter advertise the 1021 availability of the Discounted services on its website throughout the Term of this Agreement and at least once 1022 per year by direct notice to all SFD Service Recipients. 1023 6.03 Adjustments to Maximum Service Rates using a Refuse Rate Index. [Beginning on July 1, 1024 2026, ONLY IF THE CITY COUNCIL SELECTS EXHIBIT 1A – IF CITY COUNCIL SELECTS EXHIBIT 1B, 1025 THIS PROVISION STARTS ON JULY 1, 2028], and annually thereafter, Contractor shall, subject to 1026 compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates 1027 as set forth in Exhibit 1 to this Agreement. This adjustment will be calculated through the use of a Refuse 1028 Rate Index (RRI).
1029 6.03.1 RRI Adjustment. [Beginning on July 1, 2026, ONLY IF THE CITY COUNCIL 1030 SELECTS EXHIBIT 1A – IF CITY COUNCIL SELECTS EXHIBIT 1B, THIS PROVISION STARTS ON JULY 1031 1, 2028], and annually thereafter during the term of this Agreement, the Maximum Service Rates set forth in 1032 Section 6.01 above shall be adjusted by the RRI adjustment set forth below. In any year that the calculation 1033 of the RRI results in a negative number, there shall be no adjustment of the Maximum Service Rates. 1034 6.03.2 The RRI adjustment shall be the sum of the weighted percentage change in the 1035 Annual Average of each RRI category as described in Exhibit 14. 1036 6.04 Rate Adjustment Period. By [April 5, 2026, ONLY IF THE CITY COUNCIL SELECTS 1037 EXHIBIT 1A – IF CITY COUNCIL SELECTS EXHIBIT 1B, THIS PROVISION STARTS ON APRIL 5, 2028], 1038 and annually thereafter during the remaining term of the contract, the Contractor shall notify City of the Agenda Item Number: 8
Agenda Item Number: 8
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1039 calculated RRI adjustments to the Maximum Service Rates. Rate adjustments will be effective July 1st of 1040 each year and shall be reflected in the next billing cycle. Any increase to rates shall be prorated over the 1041 course of the billing year in such a manner to recover any incremental loss in revenue due to the billing cycle. 1042 6.05 CPI Adjustment Calculation. Beginning on July 1, 2026, and for subsequent years 1043 thereafter, various dollar payment amounts stipulated in this Agreement shall be adjusted based on one 1044 hundred percent (100%) of the average change in the CPI for the 12-month period from January to December. 1045 Therefore, the first of these adjustments, effective July 1, 2026, will be based on the percentage change in 1046 CPI for the average CPI value from January 1, 2025, through December 31, 2025, compared to the average 1047 CPI value from January 1, 2024, through December 31, 2024, rounded to the nearest hundredth of a percent. 1048 The index to be used shall be the series CUSR0000SEHG, Water and Sewer and Garbage Collection 1049 Services in U.S. city average, all urban consumers, seasonally adjusted. 1050 6.06 Five Percent (5%) Cap on Collection Services Category of RRI Adjustment. In any Rate 1051 Year that the calculation of the Collection Services category of the RRI exceeds five percent (5%), the 1052 adjustment for the Collection Services category of the RRI for that year will equal five percent (5%) and there 1053 will be no rollover amount added to the Collection Services category of the RRI rate adjustment percentage 1054 in the following year, or any subsequent year. If the Collection Services category of the RRI is negative, there 1055 will be no adjustment for the Collection Services category of the RRI for that year. This provision does not 1056 apply to the Post-Collection Services categories of the RRI calculation, which are: Garbage Disposal, Organic 1057 Waste and Food Waste Diversion, and Recyclable Materials Diversion. The five percent (5%) cap shall not 1058 be applied to these Post-Collection Services Categories of the RRI adjustment, and therefore the overall RRI 1059 adjustment to Maximum Service Rates may exceed five percent (5%) notwithstanding the five percent (5%) 1060 cap on the Collection Services category of the RRI adjustment. 1061 6.07 Rounding. Adjustments to the overall Maximum Service Rates shall be made only in units 1062 of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. 1063 All RRI indices shall be rounded at two (2) decimal places for the adjustment calculations. 1064 6.08 Maximum Service Rate Adjustment Report. On or before [March 1, 2026, ONLY IF THE 1065 CITY COUNCIL SELECTS EXHIBIT 1A – IF CITY COUNCIL SELECTS EXHIBIT 1B, THIS PROVISION 1066 STARTS ON MARCH 1, 2028], and each year thereafter for the Term, Contractor shall deliver to City a draft 1067 report on its proposed adjustment to the Maximum Service Rates for the subsequent July 1st (the “Adjustment 1068 Report”), and this draft report shall be completed based on information available to Contractor at that time. 1069 On or before [April 5, 2026, ONLY IF THE CITY COUNCIL SELECTS EXHIBIT 1A – IF CITY COUNCIL 1070 SELECTS EXHIBIT 1B, THIS PROVISION STARTS ON APRIL 5, 2028], of each year of the Term, Contractor 1071 shall then deliver to City a revised Adjustment Report that incorporates any changes to disposal fees that 1072 have been announced by the County of Sonoma since the submittal of the draft Adjustment Report. The 1073 Adjustment Report shall be in a format as may be mutually agreed on between the City and Contractor and 1074 must contain or be accompanied by Contractor’s adjustment calculations for the specific services performed 1075 under this Agreement during the preceding Agreement Year in Microsoft Excel or another electronic format 1076 acceptable to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report.

Agenda Item Number: 8
Agenda Item Number: 8
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1077 6.08.1 Corrections. In the event the City determines the revised Adjustment Report 1078 contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report to the 1079 City. A corrected report submitted after April 5 shall be treated as a late report. 1080 6.08.2 Late Report. If Contractor fails to submit the revised Adjustment Report by April 5 1081 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and reasonable 1082 discretion, deems there is sufficient time to review and approve the proposed adjustment in time for it to be 1083 implemented on July 1; or (2) accept and consider the late Adjustment Report at its earliest convenience, in 1084 which case any approved rate adjustment shall only go into effect prospectively thirty (30) days after the 1085 City’s approval. In no event shall Contractor apply any rate adjustment retroactively, except as provided in 1086 Section 4.05.1.
1087 6.08.3 No Report. If Contractor fails to provide any Adjustment Report, the Maximum 1088 Service Rate shall remain unchanged for the next calendar year. 1089 6.09 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall 1090 notify Contractor on or before June 15 whether the City has approved the requested adjustments to the 1091 Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any 1092 requested rate adjustment of more than six percent (6%) or in the event of an Extraordinary Adjustment as 1093 outlined in Section 6.11. The City Manager may approve all other requests or refer them to the City Council 1094 at his or her discretion.
1095 6.10 Contractor Payment for RRI review. Contractor shall be responsible for paying the City’s 1096 cost of reviewing the annual RRI adjustment in the amount of fifteen thousand ($15,000) per year. If the City 1097 determines that Contractor has made substantial errors and has not properly submitted or correctly calculated 1098 the RRI adjustment, the City may add additional costs up to fifteen thousand ($15,000) to conduct a second 1099 review and analysis. These payment amounts shall increase annually by the CPI Adjustment Calculation in 1100 Section 6.05. Costs associated with Section 6.10 would be considered allowable costs for rate-setting 1101 purposes.
1102 6.11 Extraordinary Adjustments. Contractor and City acknowledge that there may be infrequent 1103 extraordinary events, including Change in Law, which, although they do not prevent either party from 1104 performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of 1105 providing services above the Maximum Service Rate Adjustment articulated in Section 6.03. The obligation 1106 of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in 1107 rates. Accordingly, at its option, Contractor may apply to the City not more frequently than once every three 1108 calendar years for an extraordinary rate adjustment, should an event or circumstance arise which negatively 1109 impacts the economic operation of Contractor, and which is in excess of the rate adjustment resulting from 1110 the application of Section 6.03. An extraordinary adjustment in rates will be deemed justified if it is necessary 1111 for the Contractor to make a substantial change in its operations, or substantial capital expenditure or 1112 investment to perform its obligations under this Agreement due to the occurrence of an event or circumstance 1113 which is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective Agenda Item Number: 8
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1114 after approval by the City Council. For the avoidance of doubt, the requirement that Contractor retrofit or 1115 replace its vehicles for a different type of fuel or propulsion, whether pursuant to Applicable Law, a Change 1116 in Law, or otherwise, shall constitute an extraordinary event giving rise to an extraordinary adjustment in 1117 Maximum Service Rates.
1118 6.11.1 Limitation on Extraordinary Adjustments. Notwithstanding the conditions outlined in 1119 6.11, Contractor shall not be eligible for an extraordinary rate adjustment in the event that Contractor is 1120 seeking such adjustment in conjunction with the fact that Contractor is no longer party to an agreement in 1121 effect as of the Effective Date of this Agreement to provide Solid Waste Collection Service or other services 1122 related to the handling of municipal waste within the County of Sonoma. 1123 6.11.2 Contractor’s Burden. In the event of such an application for an extraordinary rate 1124 increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable 1125 satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of 1126 justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient 1127 documentation in support of its request. City in its sole reasonable discretion may request Contractor to 1128 provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be 1129 solely responsible for the cost of providing such additional information. Contractor shall allow City to review 1130 a report of its annual revenues and expenses for the services provided in the City. City shall have the right 1131 to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment 1132 request. With respect to any financial statements or any other information Contractor specifically designates 1133 as non-public information (“Confidential Information”), City agrees that, except as otherwise set forth in this 1134 Section: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of 1135 Confidential Information within its own organization and to its agents or representatives who need to know 1136 the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information 1137 to any third party without the prior written consent of the Contractor; (d) it will not copy or reproduce any 1138 written or electronically stored Confidential Information without the prior written approval of the Contractor; 1139 and (e) it will not use Confidential Information except as required for consideration of the request. City may 1140 consider increases or decreases in Contractor’s total revenues and total cost of services when reviewing an 1141 extraordinary rate adjustment request.
1142 6.11.3 Review Costs. At the time of its request, Contractor shall also submit a payment to 1143 the City of Twenty-Five Thousand Dollars ($25,000) to defray the City’s costs to review the request for an 1144 extraordinary rate increase. In the event the City’s reasonable costs exceed that amount, Contractor shall 1145 reimburse the City for any documented amount in excess. This payment amount shall increase annually by 1146 the CPI Adjustment Calculation in Section 6.05. Costs associated with Section 6.11.3 would be considered 1147 allowable costs for rate-setting purposes.
1148 6.11.4 Meet and Confer. The City and Contractor agree to meet and confer regarding the 1149 request and to negotiate in good faith regarding the appropriateness of the requested adjustment.

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1150 6.11.5 City Review; Approval. City shall review the Contractor’s request and, in the City’s 1151 sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum 1152 Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. 1153 Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify 1154 Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. 1155 Except as provided herein, any such change approved by the City shall not be implemented until July 1 of 1156 the next Rate Year unless a different timeframe is approved by the City Council. 1157 6.12 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by 1158 operation of Applicable Law to approve or implement a rate increase under this Agreement, or some or all of 1159 the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, 1160 within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, 1161 to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to 1162 compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to 1163 commence negotiations in good faith or negotiations are not completed within forty-five (45) days following 1164 the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one 1165 hundred and eighty (180) days after written notice to the other. 1166 Article 7. Collection Service Billing
1167 7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely 1168 responsible for the billing and collecting of payments for the Solid Waste Collection Service it provides within 1169 the Service Area.
1170 7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or email, to 1171 each Service Recipient in advance of all services provided by Contractor under this Agreement. Contractor 1172 shall include an online payment option for all Customers regardless of invoice format. If sent by mail, invoices 1173 for each billing period shall be placed in a separate envelope accompanied by a self-addressed return 1174 envelope. All invoices shall include Contractor’s email address, include directions for payment by payment 1175 by check, credit card, or Automated Clearing House (ACH) debit, and shall include or be accompanied by a 1176 complete billing statement showing all charges and all services provided. Contractor’s online billing portal 1177 shall include clear instructions for how to contact the Contractor if the Service Recipient has questions about 1178 an invoice. City shall have the right to direct Contractor to revise the format of all invoices and billing 1179 statements upon reasonable notice to Contractor.
1180 7.03 Timing; Frequency.
1181 7.03.1 SFD Service Units. Contractor shall produce an invoice for each SFD Service 1182 Recipient, in a form and format that is approved by the City Representative, for services to be received under 1183 this Agreement, in advance, no less than four (4) times in an Agreement Year. Contractor’s invoice shall be 1184 remitted to the Service Recipient no later than the tenth (10) day of the month proceeding the period for 1185 which service is being billed.

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1186 7.03.2 MFD and Commercial Service Units. Contractor shall produce an invoice, in a form 1187 and format that is approved by the City Representative, for services rendered under this Agreement, on a 1188 monthly basis, for services performed during the prior month. Contractor’s invoice shall be remitted to the 1189 Service Recipient no later than the tenth (10) day of the following month for the period for which service is 1190 being billed.
1191 7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from 1192 Contractor’s Service Area, Contractor shall pro-rate billing to the Service Recipient on a weekly basis, with 1193 one week being equal to one-fourth of the applicable Maximum Service Rate found in Exhibit 1 multiplied by 1194 the number of weeks of service provided by Contractor. 1195 7.05 Vacation Holds. If a Service Unit will be unoccupied for thirty (30) or more days 1196 contiguously because all residents within that Service Unit will be residing elsewhere or traveling during that 1197 time, and that Service Unit wishes to suspend service during this period of time, that Service Unit shall be 1198 eligible for pro-rated billing on a weekly basis, with one week being equal to one-fourth of the applicable 1199 Maximum Service Rate found in Exhibit 1 multiplied by the number of weeks the Service Unit will be 1200 unoccupied. To initiate a hold on service, the accountholder must notify Contractor at least one week before 1201 the start date of the requested hold.
1202 7.06 Overpayments. Contractor shall refund or issue a service credit for overpayments by 1203 Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment. 1204 Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($200) or the amount of 1205 Service Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account 1206 prior to the end of the billing period.
1207 7.07 Delinquent Service Accounts. Contractor shall report to the Agreement Administrator, on a 1208 monthly basis, all SFD Service Recipients who have received Collection Service and whose accounts are 1209 more than ninety (90) days past due, and all MFD and Commercial Service Recipients whose accounts are 1210 more than forty-five (45) days past due. Contractor may take such action as legally available to collect or 1211 cause collection of such past due amounts, including ceasing the provision of Collection Services to any 1212 Service Unit due to non-payment. Contractor shall follow all past due collection procedures as defined in 1213 Exhibit 6, Customer Service Plan.
1214 7.08 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other 1215 provision of this Article, Contractor reserves its right, and may take such action as is legally available to 1216 Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor 1217 shall never discontinue Solid Waste Collection to any Service Unit, except as provided in Section 7.07. 1218 Contractor may send a written notice to Service Recipient regarding payments of Billings during the billed 1219 service period.
1220 7.09 Billing Accounts After Missed Collections.

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1221 7.09.1 In the event of a missed Collection, wherein Containers were properly set out in a 1222 timely manner and wherein the Contractor was unable to resolve the complaint by the end of the following 1223 Workday, Contractor shall credit the account of the Customer that experienced the missed Collection by a 1224 prorated amount for that missed Service on a weekly basis, with one week being equal to one-fourth of the 1225 applicable monthly Service Rate Charges found in Exhibit 1 multiplied by the number of weeks of Service 1226 missed by Contractor.
1227 7.09.2 In the event that a Customer was subject to a missed Collection wherein Containers 1228 were properly set out in a timely manner and wherein the Contractor was unable to return and Collect the 1229 Customer’s Solid Waste until the following week, that Customer shall not be subject to any Solid Waste 1230 Overage fees or otherwise be penalized or tracked for an instance of Overage. 1231 Article 8. Diversion Requirements
1232 8.01 Warranties and Representations. Contractor warrants that it is aware of and familiar with 1233 City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and 1234 employ, sufficient programs and services to ensure City will meet or exceed City’s Diversion goals and 1235 requirements (including, without limitation, amounts of Solid Waste to be Diverted, timeframes for Diversion, 1236 and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that 1237 Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1. Contractor 1238 hereby agrees to assist the City to meet or exceed, on an annual basis, the Diversion Compliance, by 1239 undertaking the actions set forth in Section 8.02. 1240 8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the 1241 City in meeting, on an annual basis, Diversion Compliance:
1242 8.02.1 Except for Organic Waste Collected from homeless encampments or material 1243 subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 1244 5.06 and 5.10, Collect and deliver all Organic Waste to the Organic Waste Processing Facility for processing 1245 and Diversion.
1246 8.02.2 Except as provided in Sections 5.06 and 5.10, Collect and deliver all Recyclable 1247 Materials to the Materials Recovery Facility.
1248 8.02.3 Collect and deliver all Garbage to the Disposal Facility. 1249 8.02.4 Collect and deliver all Construction and Demolition Debris to the Materials Recovery 1250 Facility.
1251 8.02.5 Deliver all material set out for Collection in Cart, Bins, or Roll-Off Containers 1252 identified as containing Source Separated Recyclable Material to the Materials Recovery Facility for 1253 processing and Diversion.

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1254 8.02.6 Deliver all material set out for Collection in Cart, Bins, or Roll-Off Containers 1255 identified as containing Source Separated Organic Waste to the Organic Waste Processing Facility for 1256 processing and Diversion.
1257 8.02.7 Only material in Garbage Carts or Garbage Bins will be delivered to the Disposal 1258 Facility for Disposal. All other material must go to the appropriate facility for full processing and Diversion. 1259 8.02.8 Contractor must take all commercially reasonable and lawful actions to maximize 1260 Diversion of materials from landfills.
1261 8.02.9 Contractor must develop and provide sufficient accurate information and data as 1262 necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle. 1263 8.02.10 Contractor must implement public education and outreach programs as required 1264 under this Agreement.
1265 8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual 1266 basis and shall deliver a written report regarding the same to the City no later than February 14 of the year 1267 following the reporting period as set forth in Section 22.06. 1268 8.04 Failure of Recyclables Market. Notwithstanding any other provision of this Agreement to 1269 the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific 1270 type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or 1271 more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market 1272 the material, and determines to Dispose of the Recyclable Material(s), such a determination shall not 1273 constitute a failure to implement service, a failure to implement a program, or an event of default hereunder. 1274 8.05 Failure to Meet Diversion Rate. If CalRecycle determines that City has failed to meet the 1275 Diversion Compliance due to Contractor’s failure to undertake the actions described in this Section, 1276 Contractor must prepare, at Contractor’s cost and expense, and submit a corrective action plan to City 1277 sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is otherwise 1278 acceptable to CalRecycle, and may be subject to Administrative Charges and Penalties as allowed under 1279 Article 25 and specified in Exhibit 5. Contractor must also submit a written corrective action plan to the City 1280 before March 15 of the year following the missed minimum Diversion requirement. Contractor’s corrective 1281 action plan must specify all actions Contractor will take to ensure it will meet Diversion Compliance Rates in 1282 the future and shall be subject to the review and approval by the Agreement Administrator. Contractor must 1283 implement all measures identified in the corrective action plan at its sole cost and expense, unless the failure 1284 to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the 1285 City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City-approved 1286 corrective action plan, it shall subject Contractor to Administrative Charges and Penalties as allowed under 1287 Article 25 and specified in Exhibit 5 in addition to any other remedies available to the City.

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1288 8.06 Representations and Warranties. Contractor represents and warrants that it is aware of 1289 and familiar with the Diversion Compliance, the Applicable Laws, and City’s waste stream. Contractor 1290 represents and warrants that it has the capacity, skill, and ability to undertake the actions identified in Section 1291 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Maximum Service 1292 Rates, as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified 1293 by a Change in Law, Contractor agrees to develop and implement such actions, programs, and measures as 1294 are necessary to bring City into compliance with the modified Diversion Compliance, and City agrees that it 1295 will meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, 1296 programs, and measures, their implementation, and adjustments to rates reasonably necessary to effectuate 1297 same in accordance with Section 30.01.
1298 8.07 Mutual Cooperation. City and Contractor shall each reasonably cooperate in good faith 1299 with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the 1300 Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, 1301 making such petitions and applications as may be reasonably requested by Contractor for time extensions in 1302 meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize 1303 such changes to Contractor’s Recyclable Materials, Organic Waste, or Solid Waste programs as may be 1304 reasonably requested by Contractor in order to achieve the minimum requirements of this Article. 1305 8.08 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs 1306 required under this Agreement to ensure that City and Contractor comply with all Diversion requirements 1307 under Applicable Law and the City meets or exceeds all minimum Diversion requirements under Applicable 1308 Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City in responding to inquiries 1309 from, or prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the 1310 City’s compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE; 1311 apply for any extension available under Applicable Law; develop and implement a public awareness and 1312 education program consistent with the City's SRRE and Household Hazardous Waste Element and any 1313 related requirements of Applicable Law; (2) provide the City with Recycling, source reduction, and other 1314 technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional 1315 programs or measures Contractor can, if authorized by the City, implement to increase compliance with the 1316 Diversion requirements of Applicable Law.
1317 8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement 1318 or the City fails to meet any CalRecycle Diversion requirement, notwithstanding Contractor’s implementation 1319 of all Diversion and public education programs as required by this Agreement, the City may direct Contractor 1320 to modify its Diversion and public education programs or implement new programs. Such modifications shall 1321 constitute a City-Directed Change under Section 30.01. Contractor shall not implement new Diversion 1322 programs not described in this Agreement without the City’s prior consent. 1323 8.10 Nothing contained herein shall prohibit Contractor from meeting its Diversion requirements 1324 by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended Agenda Item Number: 8
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1325 from time to time. Contractor’s ability to meet its Diversion requirements by alternative methods per this 1326 Section is subject to Agreement Administrator review and approval. 1327 8.11 Subject to Public Resources Code Section 40059.1, which will control in the event of any 1328 conflict with the provisions of this Section, Contractor agrees to indemnify and hold harmless the City, its 1329 Council, elected and appointed board or commission members, officers, employees, volunteers, and agents 1330 (collectively, "Indemnities") from and against any and all loss, liability, penalty, forfeiture, claim, demand, 1331 action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, quasi1332 judicial, or administrative in nature, arising or resulting from or in any way connected with Contractor’s 1333 obligation to meet Diversion requirements, as more fully set forth in Section 28.04 of this Agreement. 1334 Article 9. Service Unit Types
1335 9.01 Service Units. Service Units include all the following categories of Premises which are in 1336 the Service Area as of July 1, 2025, and all such Premises which may be added to the Service Area by means 1337 of annexation, new construction, or as otherwise set forth in this Agreement during Term of this Agreement:
1338 9.01.1 SFD Service Units. Services are specified in Article 10. 1339 9.01.2 MFD Service Units. Services are specified in Article 11. 1340 9.01.3 Commercial Service Units. Services are specified in 11.11. 1341 9.01.4 Industrial Service Units. Services are specified in Article 13. 1342 9.01.5 City Service Units. Services are specified in Article 14. 1343 9.01.6 Any question as to whether a Premises falls within one of these categories will be 1344 determined by the Agreement Administrator and the determination of the Agreement Administrator will be 1345 final.
1346 9.02 Service Unit Changes. City and Contractor acknowledge that during the Term of this 1347 Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide 1348 Service.
1349 9.02.1 Additions and Deletions. Contractor must provide services described in this 1350 Agreement to new Service Units in Contractor’s Service Area within five (5) Workdays of receipt of notice 1351 from City or the new Service Unit to begin such Service. 1352 9.03 Annexation. If, during Term of the Agreement, additional territory within or adjacent to the 1353 Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public 1354 Resources Code Section 49520, Contractor agrees to provide Solid Waste Collection in such annexed area 1355 in accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination Agenda Item Number: 8
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1356 of former contractor’s rights to provide service have been exhausted. Such Solid Waste Collection must begin 1357 within five (5) Workdays of receipt of written notice from City. Contractor may not begin Collection Service 1358 without written authorization from City.
1359 9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the 1360 addition of Service Units added due to annexation and must provide such revised maps to the Agreement 1361 Administrator as requested.
1362 9.05 Shared Service. Provided that such action is not disallowed under City Municipal Code, 1363 City businesses shall not be prohibited from sharing bins with other businesses as a single Commercial 1364 Service Unit, or from coordinating to share a single Commercial Service Unit Collection account; and City 1365 residents shall not be prohibited from sharing bins with other residents as a single SFD Service Unit, or from 1366 coordinating to share a single SFD Service Unit Collection account. 1367 Article 10. Residential Service
1368 10.01 SFD Conditions of Service. Except as set forth below, Contractor must provide SFD 1369 Collection Service to all SFD Units in the Service Area. The SFD Service is governed by the following terms 1370 and conditions:
1371 10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for 1372 service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose 1373 SFD Solid Waste is properly containerized in Garbage Carts; Recyclable Materials are properly 1374 containerized in Recyclable Materials Carts, except as set forth in Section 10.09.2; and Organic Wastes are 1375 properly containerized in Organic Waste Carts, except as set forth in Section 10.10.3; and where the 1376 Garbage, Recyclable Materials, and Organic Waste carts have been placed within three (3) feet of the curb, 1377 swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to 1378 by Contractor and Service Recipient that will provide safe and efficient accessibility to Contractor's Collection 1379 crew and vehicle.
1380 10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste 1381 Collection Service system with one (1) Black or Grey Garbage Cart (at either a 20-, 32-, 64, or 96-gallon 1382 size), one (1) 96-Gallon Blue Recyclable Materials Cart, and one (1) 96-Gallon Green Organic Waste Cart 1383 as part of the base SFD Solid Waste Collection Service, in accordance with the service rates set forth in 1384 Exhibit 1. Additional Recyclable Materials Carts and Organic Waste Carts shall be made available in 1385 accordance with the service rates set forth in Exhibit 1. Recyclable Materials and Organic Waste Carts with 1386 a capacity of 20 gallons, 34 gallons, or 64 gallons may be requested by Customers that can demonstrate 1387 that they (a) have cart storage space constraints and (b) do not generate sufficient quantities of a waste 1388 stream type to justify the larger size of cart. Pricing for downsizing Carts, upsizing carts, or adding additional 1389 Carts, relative to the base Bundled Service, are included in Exhibit 1.

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1390 10.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this 1391 Agreement, Contractor must provide Collection of SFD Garbage, Recyclable Materials, and Organic Waste 1392 on the SFD Service Recipients Premises to an SFD Service Unit as follows. 1393 10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units 1394 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1395 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collection, and if a 1396 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1397 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1398 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1399 10.01.3.2 At an additional cost to the SFD Service Unit. 1400 A. SFD Service Units where topography, steep driveways, below-grade dwellings, or 1401 limited access to public streets that prevent the SFD Service Recipient from setting their Garbage, 1402 Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and 1403 agreed by the Contractor, and if a request for on-premises service has been made. 1404 B. SFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1405 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1406 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1407 or impossible to access using regular trash Collection trucks. 1408 C. Contractor must offer “push services” to SFD Service Recipients other than those 1409 listed above on a subscription basis upon request for the Maximum Service Rates set forth in Exhibit 1. 1410 Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1411 Containers from their storage location for Collection, and returning the Collection Containers back to their 1412 storage location.
1413 10.01.3.3 Contractor must provide on-premises Collection Service on the 1414 same Workday that curbside Collection would otherwise be provided to the SFD Service Unit. 1415 10.02 Frequency and Scheduling of Service. SFD Collection Service must be provided one (1) 1416 time per week, on a schedule matching the City’s current service schedule. SFD Collection Service must be 1417 scheduled so that all Service Units receive Garbage Collection Service, Recyclable Materials Collection 1418 Service, and Organic Waste Collection Service on the same Workday. SFD Collection Service must be 1419 provided, commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday through 1420 Friday, except for Holidays in accordance with Section 5.03. The hours, day, or both of Collection may be 1421 extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the 1422 Agreement Administrator.
1423 10.03 Manner of Collection. The Contractor must provide Collection Service with as little 1424 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1425 Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, Agenda Item Number: 8
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1426 roadways, driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection Service must 1427 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1428 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1429 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1430 10.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1431 or replaced promptly.
1432 10.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1433 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1434 result in any personal injury or property damage. Such notification shall be made within twenty-four (24) 1435 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1436 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1437 acceptable alternative.
1438 10.04 Kitchen Food Waste Pails. At the start of this Agreement, Contractor must make available, 1439 upon request, Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 3. 1440 10.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1441 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1442 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1443 10.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1444 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1445 must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays. Contractor must 1446 maintain records documenting all Cart replacements occurring. 1447 10.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1448 stolen Cart every five (5) years during the life of this Agreement at no cost to the Service Recipient. Except 1449 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1450 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1451 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1452 five (5) year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum 1453 Service Rates set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under 1454 this Agreement.
1455 10.05.3 Contractor understands and agrees that this provision is intended to be applied on 1456 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1457 to three (3) replacement Carts, one (1) of each type, every five (5) years during the Term of the Agreement. 1458 10.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1459 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) Agenda Item Number: 8
Agenda Item Number: 8
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1460 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1461 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1462 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1463 10.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1464 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1465 within five (5) Workdays. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per 1466 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or 1467 Organic Waste Cart size. Each SFD Service Unit is eligible to receive unlimited Cart exchanges per Calendar 1468 Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each SFD Service Unit 1469 is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for 1470 moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they meet the qualifications 1471 articulated in Section 10.01.2 above. Accordingly, Contractor will be compensated only for the cost of those 1472 exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in 1473 accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1474 Agreement.
1475 10.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1476 Recipient that additional Black or Grey Carts for Garbage, Blue Carts for Recyclable Materials, or Green 1477 Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five 1478 (5) Workdays, at the rate set forth in Exhibit 1.
1479 10.06 Ownership of Carts. Ownership of Carts is vested with the Contractor. 1480 10.07 Cleaning of Collection Containers. Once every five (5) years, starting at the date of 1481 signature of this agreement, each SFD Service Recipient is entitled to request the exchange of up to three 1482 (3) carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1483 Recyclable Materials, or Organic Waste carts. Upon receiving such a request from an SFD Service Recipient 1484 within the allowed timeframe, Contractor must replace the dirty Collection Container(s) with clean Collection 1485 Container(s). Any Collection Container cleanings done at a Contractor facility must be done in such a manner 1486 that results in no water entering the City’s storm drain system. This service must be provided at no charge to 1487 the Service Recipient, so long as the service is not requested more than once every five years. In addition, 1488 regardless of whether this cleaning is requested by the Service Recipient, Contractor will ensure that all 1489 Collection Containers are cleaned on an as-needed basis so as to maintain a clean appearance and proper 1490 function. Additional cleanings beyond once every five years will be subject to the Maximum Service Rate set 1491 forth in Exhibit 1.
1492 10.08 SFD Garbage Collection Service. This service is governed by the following terms and 1493 conditions:
1494 10.08.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1495 in a Garbage Cart. For every event of non-collection, Contractor must provide the following written notice Agenda Item Number: 8
Agenda Item Number: 8
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1496 via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date 1497 of the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for 1498 SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1499 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1500 with all Disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1501 not listed above that the Contractor encounters and is impeded by, Contractor shall provide the same written 1502 notice as described in this Section.
1503 10.08.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1504 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1505 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1506 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1507 10.09 SFD Recyclable Materials Service. This service is governed by the following terms and 1508 conditions:
1509 10.09.1 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials 1510 Cart may be placed beside the Recyclable Materials Cart if flattened. 1511 10.09.2 Recyclable Materials - Improper Procedure. The Contractor is not required to 1512 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1513 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1514 Contaminated through commingling with Solid Waste or Organic Waste. To address Contamination, 1515 Contractor must follow the steps set forth in Section 5.07. 1516 10.09.3 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1517 Materials Collected as a result of performing Recycling services must be delivered to the Materials Recovery 1518 Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative 1519 Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in default under this 1520 Agreement.
1521 10.09.4 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1522 arise that necessitate any additions or deletions to the services described in this Section, including the type 1523 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1524 enter into an Agreement amendment covering such modifications to the services to be performed and the 1525 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1526 such services.
1527 10.10 SFD Organic Waste Collection Service. This service is governed by the following terms 1528 and conditions:

Agenda Item Number: 8
Agenda Item Number: 8
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1529 10.10.1 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1530 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City. Failure to 1531 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1532 Exhibit 5 and may result in Contractor being in default under this Agreement.

10.10.2 Holiday Tree Collection. During the one-week period beginning December 26th 1533 each 1534 year during the Term of this Agreement, Contractor must Collect Holiday Trees set out at the curb for 1535 Collection without being given prior notice of the presence of the tree by the SFD Service Recipient. During the subsequent two-week period beginning January 2nd 1536 each year during the Term of this Agreement, 1537 Contractor must Collect Holiday Trees set out at the curb for Collection provided that the SFD Service 1538 Recipient contacts Contractor to request Collection by 5:00 p.m. on the day before Collection is to take place. 1539 Holiday Trees set out for Collection may either be containerized within an Organic Waste Cart or placed on 1540 the ground near the Service Unit’s Collection Containers. Contractor must deliver the Collected Holiday 1541 Trees to the Organic Waste Processing Facility for Diversion through uses other than Alternative Daily Cover 1542 or Beneficial Use. This annual service will be provided at no additional charge to the Service Recipient and 1543 shall not be counted as one of the SFD Service Recipient’s free annual Bulky Waste Collections as set forth 1544 in Section 10.11. Contractor is not required to Divert Holiday Trees with tinsel, flocking, or ornaments. 1545 10.10.3 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1546 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1547 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are Contaminated through 1548 commingling with Solid Waste or Recyclable Materials. Contractor will address Contamination in accordance 1549 with Section 5.07.
1550 10.11 SFD Bulky Waste Collection Service. This service is governed by the following terms and 1551 conditions:
1552 10.11.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection 1553 Service, including the Collection of E-Waste and U-Waste, to all SFD Service Units in the Service Area 1554 whose Bulky Waste, E-Waste, and U-Waste have been placed within three (3) feet of the curb, swale, paved 1555 surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor 1556 and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and 1557 vehicle. Up to two (2) times per Calendar Year, each Service Recipient is entitled to receive Bulky Waste 1558 Disposal amounting to the equivalent of (a) three (3) Large Items, (b) fifteen (15) 35-gallon bags with a 1559 maximum weight of 50 pounds per each bag, (c) four (4) 95-gallon bags with a maximum weight of 50 pounds 1560 per each bag, (d) five (5) E-Waste items, or (e) up to 1.8 cubic yards of Garbage or Organic Waste per 1561 Dwelling Unit for up to four (4) units at no additional cost and expense. For subsequent Collection in any 1562 Calendar Year, the Contractor shall receive compensation from the Customer at the rate for such service as 1563 set in Exhibit 1.
1564 10.11.2 Frequency of Service. Bulky Waste Collection Service will be provided on a mutually 1565 agreed upon date between Contractor and SFD Recipient. Bulky Waste Collection Service must be Agenda Item Number: 8
Agenda Item Number: 8
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1566 scheduled within one week of the request unless a later date is requested by SFD Recipient. The Service 1567 Recipient may not intentionally commingle residential Bulky Waste with other Residential Waste. 1568 10.11.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1569 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1570 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1571 10.11.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1572 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1573 10.11.4.1 Reuse as is (where energy efficiency is not compromised). 1574 10.11.4.2 Disassemble for reuse or Recycling.
1575 10.11.4.3 Recycle.
1576 10.11.4.4 Disposal.
1577 10.11.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1578 Bulky Waste cannot be reused or recycled.
1579 10.12 Used Motor Oil Collection Service. At no additional cost to Service Recipient, Contractor 1580 shall provide used oil Collection Service to all SFD Service Units in the Service Area whose used oil has been 1581 placed in Contractor-provided receptacles within three (3) feet of the curb, swale, paved surface of the public 1582 roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient. 1583 To participate in used oil Collection service, a SFD Customer must contact Contractor to sign up for the 1584 service, after which point they will receive from the Contractor spill-safe receptacles for the Collection of used 1585 motor oil and plastic bags for the Collection of used oil filters. A SFD Customer must also contact Contractor 1586 to request Collection Service in advance of a pick-up. Used oil Collection Service will be provided on the next 1587 regular Collection day if the request for a pick-up is received at least two (2) Workdays in advance of the next 1588 regular Collection day. Contractor shall then provide replacement receptacles and filter bags to SFD 1589 Customers upon further request.
1590 Article 11. MFD Service
1591 11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD 1592 Collection Service to all MFD Units in the Service Area. The MFD Service is governed by the following terms 1593 and conditions:
1594 11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to 1595 receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the 1596 Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts; Blue 1597 Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 1598 11.08.4; and Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth 1599 in Section 11.09.5; and where the Garbage, Recyclable Materials, and Organic Waste carts have been Agenda Item Number: 8
Agenda Item Number: 8
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1600 placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible 1601 roadway, or other such location agreed to by Contractor and Service Recipient that will provide safe and 1602 efficient accessibility to Contractor's Collection crew and vehicle. Bundled MFD Cart Service shall be 1603 provided in Garbage Carts at the size and frequency as requested by the MFD Service Recipient, subject to 1604 the Service Rates set forth in Exhibit 1, and including at no additional cost 96 gallons worth of Blue 1605 Recyclable Materials Cart space and 96 gallons worth of Green Organic Waste Cart space per Service 1606 Recipient as part of the base bundled MFD Collection Service. The 96 gallons worth of aforementioned Cart 1607 space shall be provided as either one (1) 96-gallon Cart or multiple smaller Carts, depending on the request 1608 of the Service Recipient. Additional services may be requested by the MFD Service Recipient, in line with 1609 the Service Rates set forth in Exhibit 1.
1610 11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection 1611 Service to MFD Service Units in the Service Area that choose to receive Bins for service. MFD Collection 1612 Service shall be provided in Garbage Bins at the size and frequency as requested by the MFD Service 1613 Recipient, subject to the Service Rates set forth in Exhibit 1, and including at no additional cost 96 gallons 1614 worth of Blue Recyclable Materials Cart space and 96 gallons of Green Organic Waste Cart space per 1615 Service Recipient as part of the base bundled MFD Collection Service. The 96 gallons worth of 1616 aforementioned Cart space shall be provided as either one (1) 96-gallon Cart or multiple smaller Carts, 1617 depending on the request of the Service Recipient. Additional services may be requested by the MFD 1618 Service Recipient, in line with the Service Rates set forth in Exhibit 1. 1619 11.01.3 Exemptions from Recyclable Materials or Organic Waste Collection Service. To be 1620 exempted from MFD Recyclable Materials Service or MFD Organic Waste Collection Service, Service 1621 Recipient must apply for exemption to the Contractor. All such exemption applications must be reported and 1622 approved by the City. Additional Collection Containers or different size Collection Containers are subject to 1623 the applicable Maximum Service Rate set forth in Exhibit 1. 1624 11.01.4 On-Premises Service. Notwithstanding any term or definition set forth in this 1625 Agreement, Contractor must provide Collection of MFD Garbage, Recyclable Materials, and Organic Waste 1626 on the MFD Service Recipients Premises to an MFD Service Unit as follows. 1627 11.01.4.1 At no additional cost to the MFD Service Unit. MFD Service Units 1628 where all adult Service Recipients residing therein have disabilities that prevent them from setting their 1629 Garbage, Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for Collection, and if a 1630 request for on-premises service has been made. For Bulky Waste on-premises services, materials must be 1631 staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to 1632 the Service Unit’s standard curbside Collection location as is feasible for the Customer. 1633 11.01.4.2 At an additional cost to the MFD Service Unit. 1634 A. MFD Service Units where topography, steep driveways, below-grade dwellings, or 1635 limited access to public streets that prevent the MFD Service Recipient from setting their Garbage, Agenda Item Number: 8
Agenda Item Number: 8
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1636 Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and 1637 agreed by the Contractor, and if a request for on-premises service has been made. 1638 B. MFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as 1639 determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the 1640 retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult 1641 or impossible to access using regular trash Collection trucks. 1642 C. Contractor must offer “push services” to MFD Service Recipients other than those 1643 listed above on a subscription basis upon request for the Maximum Service Rate set forth in Exhibit 1. Push 1644 services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection 1645 Containers from their storage location for Collection, and returning the Collection Containers back to their 1646 storage location.
1647 11.01.4.3 Contractor must provide on-premises Collection Service on the 1648 same Workday that curbside Collection would otherwise be provided to the MFD Service Unit. 1649 11.02 Frequency and Scheduling of Service. MFD Collection Service must be provided, 1650 commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday, except 1651 for Holidays in accordance with Section 5.03. This service must be provided as deemed necessary and 1652 determined between Contractor and the MFD Service Unit, but such service must be received no less than 1653 one (1) time per week. The size of the Container and the frequency (above the minimum) of Collection will 1654 be determined between the MFD Service Unit and Contractor. However, size and frequency must be sufficient 1655 to provide that no Solid Waste need be placed outside the Collection Container. Contractor must provide 1656 Containers as part of the Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service 1657 Recipients may own and provide their own Compactor provided that the Service Recipient is completely 1658 responsible for its proper maintenance, and that such Compactor is of a type that is compatible with 1659 Contractor's equipment. Contractor shall operate equipment that is compatible with pre-existing Service 1660 Recipient-owned Compactors. All other Collection Containers used by Service Recipients must be owned 1661 and supplied by Contractor.
1662 11.03 Manner of Collection. The Contractor must provide Collection Service with as little 1663 disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste 1664 Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, 1665 roadways, driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection Service must 1666 follow the regular walk for pedestrians while on private property and may not trespass nor cross property to 1667 the adjoining Premises unless the occupant or owner of both properties has given permission. Care should 1668 be taken to prevent damage to property, including flowers, shrubs, and other plantings. 1669 11.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired 1670 or replaced promptly.

Agenda Item Number: 8
Agenda Item Number: 8
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1671 11.03.2 Notification of Accidents. Contractor shall notify City Representative of any 1672 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, or equipment that 1673 result in any personal injury or property damage. Such notification shall be made within twenty-four (24) 1674 hours of occurrence to City Representative via both (a) email and (b) either an in-person visit or a telephone 1675 call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an 1676 acceptable alternative.
1677 11.04 Kitchen Food Waste Pails. At the start of this Agreement, Contractor must make available, 1678 upon request, Kitchen Food Waste Pails that comply with Collection Container specifications in Exhibit 3. 1679 11.05 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts 1680 by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at 1681 Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient. 1682 11.05.1 Upon notification to Contractor by City or a Service Recipient that the Service 1683 Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor 1684 must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays. Contractor must 1685 maintain records documenting all Cart replacements occurring monthly. 1686 11.05.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or 1687 stolen Cart every five (5) years during the life of this Agreement at no cost to the Service Recipient. Except 1688 in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where 1689 Contractor elects to replace a Cart rather than repair it on-site, Contractor will be compensated for the cost 1690 of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 1691 five (5) year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum 1692 Service Rate set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under 1693 this Agreement.
1694 11.05.3 Contractor understands and agrees that this provision is intended to be applied on 1695 a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up 1696 to three (3) replacement Carts, one (1) of each type, every five (5) years during the Term of the Agreement. 1697 11.05.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts. Contractor is 1698 responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within five (5) 1699 Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must 1700 repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service 1701 Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container. 1702 11.05.5 Cart Exchange. Upon notification to Contractor by City or a Service Recipient that 1703 a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient 1704 within five (5) Workdays. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per 1705 Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or Agenda Item Number: 8
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1706 Organic Waste Cart size. Each MFD Service Unit is eligible to receive unlimited Cart exchanges per 1707 Calendar Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each MFD 1708 Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this 1709 Agreement for moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they can 1710 demonstrate that they (a) have cart storage space constraints and (b) do not generate enough of a waste 1711 stream type to justify the larger size of cart. Accordingly, Contractor will be compensated only for the cost of 1712 those exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, 1713 in accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this 1714 Agreement.
1715 11.05.6 Additional Cart Request. Upon notification to the Contractor by City or a Service 1716 Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, 1717 Contractor shall deliver such Carts to such Service Recipient within five (5) Workdays, at the rate set forth 1718 in Exhibit 1.
1719 11.05.7 Ownership of Carts. Ownership of Carts is vested with the Contractor. 1720 11.06 Cleaning of Collection Containers. Once every five (5) years, starting at the date of 1721 signature of this agreement, each MFD Service Recipient is entitled to request the exchange of up to three 1722 (3) carts, one each of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage 1723 Recyclable Materials, or Organic Waste carts. Upon receiving such a request from an SFD Service Recipient 1724 within the allowed timeframe, Contractor must clean all Collection Containers or must replace the dirty 1725 Collection Containers with clean Collection Containers. Any Collection Container cleanings done at a 1726 Contractor facility must be done in such a manner that results in no water entering the City’s storm drain 1727 system. This service must be provided at no charge to the Service Recipient, so long as the service is not 1728 requested more than once every five years. In addition, regardless of whether this cleaning is requested by 1729 the Service Recipient, Contractor will ensure that all Collection Containers are cleaned on an as-needed basis 1730 so as to maintain a clean appearance and proper function. Additional cleanings beyond once every five years 1731 will be subject to the Maximum Service Rate set forth in Exhibit 1. 1732 11.07 MFD Garbage Collection Service. This service is governed by the following terms and 1733 conditions:
1734 11.07.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed 1735 in a Garbage Cart. In the event of non-collection, Contractor must provide the following written notice via 1736 email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date of 1737 the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for 1738 MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, 1739 if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website 1740 with all disposal programs offered by the City. If Non-Collection occurs for some unforeseeable circumstance 1741 not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall provide the 1742 same written notice as described in this Section.

Agenda Item Number: 8
Agenda Item Number: 8
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1743 11.07.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of 1744 performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed 1745 in Exhibit 8. Failure to comply with this provision may result in assessment of Administrative Charges and 1746 Penalties as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 1747 11.08 MFD Recyclable Materials Service. This service is governed by the following terms and 1748 conditions:
1749 11.08.1 Conditions of Service. Contractor must provide MFD Recyclable Materials Service 1750 to all MFD Service Units in the Service Area whose Recyclable Materials are properly containerized in 1751 Recyclable Materials Collection Containers except as set forth below, where the Recyclable Materials 1752 Collection Containers are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 1753 Materials Service are set forth in Exhibit 1.
1754 11.08.2 Base MFD Recyclable Materials Service. All MFD Service Recipients subscribing 1755 to MFD Solid Waste Collection Service must receive weekly Collection of Recyclable Materials with a 1756 minimum of at least one 96-gallon Recyclable Materials Cart per Service Recipient (or a combined 96 gallons 1757 of Recyclable Materials Cart space per Service Unit, if space is divided among multiple Carts for multiple 1758 Dwelling Units) included in the Bundled Rate set forth in Exhibit 1. The actual configuration of Recyclable 1759 Materials Collection Container sizes to be provided will be based on the total equivalent volume and 1760 configured in a manner determined by the Service Recipient in consultation with Contractor. 1761 11.08.3 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials 1762 Cart may be placed beside the Recyclable Materials Cart if flattened. 1763 11.08.4 Recyclable Materials - Improper Procedure. The Contractor is not required to 1764 Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid 1765 Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are 1766 Contaminated through commingling with Solid Waste or Organic Waste. To address Contamination, 1767 Contractor must follow the steps set forth in Section 5.07. 1768 11.08.5 Materials Recovery Facility. Except as provided in Section 5.07, all Recyclable 1769 Materials Collected as a result of performing Recyclable Materials services must be delivered to the 1770 Materials Recovery Facility listed in Exhibit 8. Failure to comply with this provision may result in assessment 1771 of Administrative Charges and Penalties as specified in Exhibit 5 and may result in Contractor being in 1772 default under this Agreement.
1773 11.08.6 Recyclable Materials - Changes to Services. Should changes in Applicable Law 1774 arise that necessitate any additions or deletions to the services described in this Section, including the type 1775 of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will 1776 enter into an Agreement amendment covering such modifications to the services to be performed and the Agenda Item Number: 8
Agenda Item Number: 8
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1777 compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to 1778 such services.
1779 11.09 MFD Organic Waste Collection Service. This service is governed by the following terms 1780 and conditions:
1781 11.09.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD 1782 Garbage Collection Service must receive weekly Collection of the equivalent volume of at least one (1) 96- 1783 gallon Green Organic Waste Cart per Service Recipient (or a combined 96 gallons of Organic Waste Cart 1784 space per Service Unit, if space is divided among multiple Carts for multiple Dwelling Units) included in the 1785 Bundled Service rate. The actual configuration of Organic Waste Collection Container sizes to be provided 1786 will be based on the total equivalent volume and configured in a manner determined by the Service Recipient 1787 in consultation with Contractor. Contractor may charge for MFD Organic Waste Collection as set forth in 1788 Exhibit 1 for MFD Organic Waste Service greater than the base 96-gallon Organic Waste Cart. 1789 11.09.2 Size and Frequency of Service. This service will be provided as deemed necessary 1790 and determined between Contractor and the Service Recipient, but such service must be received no less 1791 than one (1) time per week, except for Holidays in accordance with Section 5.03. Service may be provided 1792 by Bin or Cart at the option of the Service Recipient. The size of the Container and the frequency (above the 1793 minimum) of Collection will be determined between the Customer and Contractor. However, size and 1794 frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection 1795 Container. Service Recipients may own and provide their own Compactor provided that the Service 1796 Recipient is completely responsible for its proper maintenance, and such Compactor is of a type that is 1797 compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be 1798 owned and supplied by Contractor.
1799 11.09.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 1800 Waste to the Organic Waste Processing Facility listed in Exhibit 8 and agreed upon by the City. Failure to 1801 comply with this provision may result in assessment of Administrative Charges and Penalties as specified in 1802 Exhibit 5 and may result in Contractor being in default under this Agreement.

11.09.4 Holiday Tree Collection. During the one-week period beginning December 26th 1803 each 1804 year during the Term of this Agreement, Contractor must Collect Holiday Trees set out at the curb for 1805 Collection without being given prior notice of the presence of the tree by the MFD Service Recipient. During the subsequent two-week period beginning January 2nd 1806 each year during the Term of this Agreement, 1807 Contractor must Collect Holiday Trees set out at the curb for Collection provided that the MFD Service 1808 Recipient contacts Contractor to request Collection by 5:00 p.m. on the day before Collection is to take place. 1809 Contractor must deliver the Collected Holiday Trees to the Organic Waste Processing Facility for Diversion 1810 through uses other than Alternative Daily Cover or Beneficial Use. This annual service will be provided at no 1811 additional charge to the Service Recipient and shall not be counted as one of the MFD Service Recipient’s 1812 free annual Bulky Waste Collections as set forth in Section 11.10. Contractor is not required to Divert Holiday 1813 Trees with tinsel, flocking, or ornaments.

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1814 11.09.5 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 1815 Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable 1816 Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are Contaminated through 1817 commingling with Solid Waste or Recyclable Materials. Contractor will address Contamination in accordance 1818 with Section 5.07.
1819 11.10 MFD Bulky Waste Collection Service. This service is governed by the following terms and 1820 conditions:
1821 11.10.1 Conditions of Service. Upon request from MFD Service Unit accountholder or 1822 representative (e.g., the property manager), Contractor must provide MFD Bulky Waste Collection Service, 1823 including the Collection of E-Waste and U-Waste, up to two (2) times per calendar year to all MFD Service 1824 Units in the Service Area. Contractor shall deliver to the MFD Service Unit property sufficient Debris Boxes 1825 to Collect one (1) cubic yard of Solid Waste per Dwelling Unit for the total number of Dwelling Units contained 1826 within the MFD Service Recipient. Contractor shall also deliver a four (4) yard Bin to Collect recyclable metal, 1827 as well as signage to provide guidance to residents. The signage will instruct residents to place certain items, 1828 such as mattresses and E-Waste, outside of the Debris Boxes so that such materials can be appropriately 1829 recycled and/or disposed of. The MFD Service Unit accountholder or representative shall then oversee and 1830 manage the onsite Collection process and ensure that items are Collected by the deadline given by 1831 Contractor. For subsequent Collection in any Calendar Year, the Contractor shall receive compensation from 1832 the Customer at the rate for such service as set in Exhibit 1. 1833 11.10.2 Scheduling of Service. Contractor shall schedule Bulky Waste Collection Service 1834 for MFD Service Recipients at a mutually agreed upon time by the Contractor and MFD Service Recipient. 1835 Containers will be delivered on a Friday and removed the following Monday morning, unless alternative 1836 plans are mutually agreed to by Contractor and MFD Service Recipient. Contractor shall not be required to 1837 provide two Bulky Waste Collections to a single MFD Recipient within thirty (30) days. 1838 11.10.3 The Service Recipient may not intentionally commingle residential Bulky Waste with 1839 other Residential Waste.
1840 11.10.4 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that 1841 contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not 1842 subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. 1843 11.10.5 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected 1844 from Service Units pursuant to this Agreement in accordance with the following hierarchy:
1845 a) Reuse as is (where energy efficiency is not compromised). 1846 b) Disassemble for reuse or Recycling.
1847 c) Recycle.
1848 d) Disposal.

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1849 11.10.6 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the 1850 Bulky Waste cannot be reused or recycled.
1851 11.11 Used Motor Oil Collection Service. At no additional cost to Service Recipient, Contractor 1852 shall provide used oil Collection Service to all MFD Service Units in the Service Area whose used oil has 1853 been placed in Contractor-provided receptacles within three (3) feet of the curb, swale, paved surface of the 1854 public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service 1855 Recipient. To participate in used oil Collection service, an MFD Customer must contact Contractor to sign up 1856 for the service, after which point they will receive from the Contractor spill-safe receptacles for the Collection 1857 of used motor oil and plastic bags for the Collection of used oil filters. An MFD Customer must also contact 1858 Contractor to request Collection Service in advance of a pick-up. Used oil Collection Service will be provided 1859 on the next regular Collection day if the request for a pick-up is received at least two (2) Workdays in advance 1860 of the next regular Collection day. Contractor shall then provide replacement receptacles and filter bags to 1861 MFD Customers upon further request.
1862 Article 12. Commercial Service
1863 12.01 Commercial Conditions of Service. Except as set forth below, Contractor must provide 1864 Commercial Collection Service to all Commercial Service Units in the Service Area, including those City 1865 Service Units listed in Exhibit 2. MFD Units serviced with Bins will abide by the requirements listed in this 1866 Section unless they conflict with the requirements listed in Article 11, in which case Article 11 requirements 1867 supersede Article 12 requirements. This service is governed by the following terms and conditions:
1868 12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection 1869 Service, Commercial Recyclable Materials Service, and Commercial Organic Waste Collection Service to 1870 all Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, 1871 and Organic Waste are properly containerized in Collection Containers as appropriate where the Collection 1872 Containers are accessible as set forth in Section 12.01.4. Contractor must offer Garbage, Recyclable 1873 Materials, and Organic Waste Carts in 32-, 64-, and 96-gallon sizes. Contractor must offer Garbage and 1874 Recyclable Materials Bins in 1-, 2-, 3-, 4-, and 6-cubic-yard sizes and must offer Organic Waste Bins in 1-, 1875 2-, and 3-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. 1876 Contractor must also either provide Collection Service from Compactors that are owned by Commercial 1877 Service Units or provide Compactors for Commercial Service Units to use for Collection Service, for the 1878 Maximum Service Rates set forth in Exhibit 1. The size of the Container and the frequency (above the 1879 minimum) of Collection will be determined between the Service Recipient and Contractor. However, the size 1880 and frequency must be sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need 1881 be placed outside the Collection Container. The base Commercial Collection Service will include Commercial 1882 Recyclable Materials Service as described in Section 12.05 below, and Commercial Organic Waste 1883 Collection Service as described in Section 12.06 below. 1884 12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, 1885 Contractor shall provide Garbage Carts and/or Bins as requested by the Commercial Service Recipient and Agenda Item Number: 8
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1886 include at no additional cost one (1) 96-Gallon Blue Recyclable Materials Cart and one (1) 32-Gallon Green 1887 Organic Waste Cart service as part of the base bundled Commercial Collection Service. Additional services 1888 may be requested by the Commercial Service Recipient. To be exempted from Commercial Recyclable 1889 Materials Service or Commercial Organic Waste Collection Service, Service Recipient must apply for 1890 exemption to the Contractor. All such exemption applications must be reported and approved by the City. 1891 12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing 1892 no earlier than 5:00 a.m., and terminating no later than 6:00 p.m., Monday through Saturday, except for 1893 Holidays as described in Section 5.03. If the Commercial Collection Service is adjacent to Residential 1894 Premises, then Collection service will be provided no earlier than 6:00 a.m. City may require additional 1895 restrictions on Collection hours in areas impacted by commute traffic, road repair, around schools, in areas 1896 where commercial Collection is within six hundred (600) feet of residential housing, or where continued noise 1897 complaints about Collection vehicles have occurred. The hours, day, or both of Collection may be extended 1898 due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement 1899 Administrator.
1900 12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily 1901 accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push 1902 services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial 1903 Collection Service for the Maximum Service Rate set forth in Exhibit 1. Push services include, but are not 1904 limited to, dismounting from the Collection Vehicle, moving the Collection Containers from their storage 1905 location for Collection, and returning the Collection Containers back to their storage location, relocking the 1906 storage enclosure if a lock is included. Stinger/scout truck services provide for the retrieval of Collection 1907 Containers from locations with accessibility constraints that make Containers difficult or impossible to access 1908 using regular trash Collection trucks.
1909 12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service 1910 consistent with Section 13.16 of the Sebastopol Municipal Code with as little disturbance as possible and 1911 must leave any Collection Container in an upright position, with the lid closed, at the same point it originally 1912 located, without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. 1913 12.01.6 Purchase and Distribution of Collection Containers for New Commercial Service 1914 Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 3 to new 1915 Commercial and MFD Service Units that are added to Contractor’s Service Area during the Term of this 1916 Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement 1917 obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) 1918 Workdays of receipt of the request for service.
1919 12.01.7 Replacement of Collection Containers. Contractor’s employees must avoid damage 1920 to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the 1921 Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or 1922 inconvenience to the Service Recipient.

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1923 12.01.7.1 Each Commercial Service Unit is entitled to the replacement of 1924 one (1) lost, destroyed, or stolen Garbage, Recyclable Materials, and Organic Collection Container every 1925 five (5) years during the life of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be 1926 compensated for the cost of those replacements in excess of one (1) Garbage, Recyclable Materials, and 1927 Organic Collection Container per Commercial Service Unit during the aforementioned five (5) year period 1928 within the Term of the Agreement, in accordance with the “Collection Container Exchange” Maximum 1929 Service Rate, as appropriate, set forth in Exhibit 1. Contractor must deliver a replacement Collection 1930 Container to such Service Unit within five (5) Workdays. 1931 12.01.8 Repair of Collection Containers. Contractor is responsible for repair of Collection 1932 Containers. Within five (5) Workdays of notification by City or a Service Recipient of the need for such 1933 repairs, Contractor must repair the Collection Container or, if necessary, remove the Collection Container 1934 for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container 1935 repair also includes the removal of graffiti from the Collection Container. 1936 12.01.9 Collection Container Exchange. Upon notification to Contractor by City or a Service 1937 Recipient that a change in their Collection Containers is required, for reasons beyond those outlined in 1938 Section 12.01.7, Contractor must deliver such Collection Containers to such Service Recipient within five (5) 1939 Workdays. Each Commercial Service Unit is eligible to receive one (1) free Collection Container exchange 1940 per Calendar Year during the Term of this Agreement. Contractor is allowed to charge the Service Unit for 1941 the cost of those exchanges in excess of one (1) Collection Container exchange per Calendar Year, in 1942 accordance with the appropriate “Collection Container Exchange” service rate set forth in Exhibit 1 as may 1943 be adjusted by City under this Agreement. Additional Collection Containers or different size Collection 1944 Containers are subject to the applicable Maximum Service Rate set forth in Exhibit 1. 1945 12.02 Ownership of Collection Containers. Ownership of Collection Containers distributed by 1946 Contractor is vested with Contractor.
1947 12.03 Cleaning of Collection Containers. Once every five (5) years, starting at the date of 1948 signature of this agreement, each Commercial Service Recipient is entitled to request the exchange of up to 1949 three (3) Collection Containers, one each of dirty Garbage, Recyclable Materials, and Organic Waste 1950 Containers, for clean Garbage Recyclable Materials, or Organic Waste Containers. Upon receiving such a 1951 request from a Commercial Service Recipient within the allowed timeframe, Contractor must clean the 1952 Collection Containers or must replace the dirty Collection Containers with clean Collection Containers. Any 1953 Collection Container cleanings done at Contractor facility must be done in such a manner that results in no 1954 water entering the City’s storm drain system. This service must be provided at no charge to the Service Unit, 1955 so long as the service is not requested more than once every five years. In addition, regardless of whether 1956 this cleaning is requested by the Service Unit, Contractor will ensure that all Collection Containers are cleaned 1957 on an as-needed basis so as to maintain a clean appearance and proper function. Additional cleanings 1958 beyond once every five years will be subject to the Maximum Service Rate set forth in Exhibit 1. 1959 12.04 Commercial Garbage Collection Service.

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1960 12.04.1 Conditions of Service. Contractor must provide Commercial Garbage Collection 1961 Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in 1962 Garbage Collection Containers, where the Garbage Collection Containers are accessible. 1963 12.04.2 Size and Frequency of Service. This service must be provided as deemed 1964 necessary and determined between Contractor and the Commercial Service Unit, but such service must be 1965 received no less than one (1) time per week, except for Holidays in accordance with Section 5.03. The size 1966 of the Container and the frequency (above the minimum) of Collection will be determined between the 1967 Commercial Service Unit and Contractor. However, size and frequency must be sufficient to provide that no 1968 Solid Waste need be placed outside the Collection Container. Contractor must provide Containers as part 1969 of the Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own 1970 and provide their own Compactor provided that the Service Recipient is completely responsible for its proper 1971 maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. All other 1972 Collection Containers used by Service Recipients must be owned and supplied by Contractor. 1973 12.04.3 Non-Collection. Contractor is required to Collect any Commercial Solid Waste that 1974 is not placed in a Garbage Collection Container if such Commercial Solid Waste is outside the Garbage 1975 Collection Container because of overflow. In the event of non-collection, Contractor must provide the 1976 following written notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the 1977 Service Recipient: the date of the Solid Waste Non-Collection and the reason for Non-Collection. 1978 Contractor’s Non-Collection Notice for Commercial Service Recipients shall also contain instructions on how 1979 to request an additional Collection Container, if relevant. If Non-Collection occurs for some unforeseeable 1980 circumstance not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall 1981 provide the same written notice as described in this Section. 1982 12.04.4 Disposal Facility. All Solid Waste Collected as a result of performing Commercial 1983 Solid Waste Collection must be transported to, and Disposed of at, the Disposal Facility. Failure to comply 1984 with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 1985 5 and may result in Contractor being in default under this Agreement. 1986 12.05 Commercial Recyclable Materials Service. This service is governed by the following terms 1987 and conditions:
1988 12.05.1 Conditions of Service. Contractor must provide Commercial Recyclable Materials 1989 Service to all Commercial Service Units in the Service Area whose Recyclable Materials are properly 1990 containerized in Recyclable Materials Collection Containers, except as set forth below, where the Recyclable 1991 Materials Collection Containers are accessible. The Maximum Service Rates for Contractor’s Commercial 1992 Recyclable Materials Service are set forth in Exhibit 1. 1993 12.05.2 Base Commercial Recyclable Materials Service. All Commercial Service Recipients 1994 subscribing to Commercial Solid Waste Collection Service must receive weekly Collection of Recyclable 1995 Materials with a minimum of at least one 96-gallon Blue Recyclable Materials Cart per Service Recipient at Agenda Item Number: 8
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1996 no additional cost as part of the base service and included in the Bundled Rate set forth in Exhibit 1. The 1997 actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the 1998 total equivalent volume and configured in a manner determined by the Service Recipient in consultation with 1999 Contractor.
2000 12.05.3 Size and Frequency of Service. This service will be provided as deemed necessary 2001 and determined between Contractor and the Service Recipient, but such service must be received no less 2002 than one (1) time per week, except for Holidays in accordance with Section 5.03. Service may be provided 2003 by Collection Container at the option of the Service Recipient. The size of the Collection Container and the 2004 frequency (above the minimum) of Collection will be determined between the Service Recipient and 2005 Contractor. However, size and frequency must be sufficient to provide that no Recyclable Materials need be 2006 placed outside the Collection Container. Contractor may charge for Commercial Recyclable Materials 2007 Service above the weekly trash volume equivalent and must provide Recyclable Materials Collection 2008 Containers as a part of the Bundled Service with rates set forth in Exhibit 1. Service Recipients may own 2009 and provide their own Compactor provided that the Service Recipient is completely responsible for its proper 2010 maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. All other 2011 Collection Containers used by Service Recipients must be owned and supplied by Contractor. 2012 12.05.4 Recyclable Materials - Improper Procedure. Contractor is not required to Collect 2013 Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial 2014 Solid Waste and Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials 2015 that are Contaminated through commingling with Solid Waste or Organic Waste. To address Contamination, 2016 Contractor must follow the steps as set forth in Section 5.07. 2017 12.05.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of 2018 performing Recyclable Materials Service must be delivered to the Materials Recovery Facility listed in Exhibit 2019 8. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties 2020 as specified in Exhibit 5 and may result in Contractor being in default under this Agreement. 2021 12.05.6 Recyclable Materials - Changes to Work. Should changes in law arise that 2022 necessitate any additions or deletions to the work described herein including the type of items included as 2023 Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement 2024 amendment covering such modifications to the work to be performed and the compensation to be paid in 2025 accordance with Section 30.02 before undertaking any changes or revisions to such work. 2026 12.05.7 Additional Recyclable Materials Collection Containers. Contractor must provide 2027 additional Recyclable Materials Collection Containers to Commercial Service Recipients above the minimum 2028 requirements within five (5) days of request and may charge for such additional capacity set forth in Exhibit 2029 1 provided that additional Collection Containers are used by Service Recipients for the purposes of setting 2030 out additional Recyclable Materials for regular weekly Commercial Recyclable Materials Service.

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2031 12.06 Commercial Organic Waste Collection Service. This service is governed by the following 2032 terms and conditions:
2033 12.06.1 Conditions of Service. Contractor must provide Commercial Organic Waste 2034 Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly 2035 containerized in Organic Collection Containers, where the Organic Waste Collection Containers are 2036 accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the 2037 specific materials to be included in the Service Recipient’s Organic Waste Collection (i.e., Food Waste, 2038 Green Waste, combined Food and Green Waste). Contractor will charge for Collection of Organic Waste 2039 within the Bundled Service rate specified in Exhibit 1. For Organic Waste Collected in Collection Containers 2040 beyond the size specified in the Bundled Service rate, Contractor will charge at the rate set forth in Exhibit 2041 1. Contractor agrees that not all Service Units will elect to receive Organic Waste Collection Service in Carts, 2042 and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service 2043 Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 2044 1. Contractor will provide enough Collection Containers and at a Collection frequency to allow for any such 2045 Service Unit to utilize the Collection of Organic Waste. Commercial Organic Waste Collection will occur 2046 Monday through Saturday upon request and as necessary. City shall provide Contractor a list of the names 2047 and addresses of Commercial Service Units that are approved by City for exemption from Organic Waste 2048 Collection.
2049 12.06.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic 2050 Waste to the Organic Waste Processing Facility listed in Exhibit 8. Failure to comply with this provision may 2051 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5 and may result in 2052 Contractor being in default under this Agreement.
2053 12.06.3 Organic Waste Collection Frequency. Contractor must comply with CalRecycle 2054 Collection frequency requirements as they may apply during the Term of this Agreement. If any such 2055 changes to Collection frequency are adopted after Commencement Date that result in Contractor being 2056 allowed to reduce the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to 2057 reduce its Collection costs as a result in a change in Garbage or Organic Waste Collection frequency, 2058 Contractor must provide City with its estimate of its reduced costs and shall make adjustments to the 2059 Maximum Service Rates.
2060 12.06.4 Base Commercial Organic Waste Service. All Commercial Service Recipients 2061 subscribing to Commercial Garbage Collection Service must receive weekly Collection of the equivalent 2062 volume of at least one (1) 32-gallon Green Organic Waste Cart per Service Recipient at no additional cost 2063 as part of the base service included in the Bundled Service rate. The actual configuration of Organic Waste 2064 Collection Container sizes to be provided will be based on the total equivalent volume and configured in a 2065 manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for 2066 Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service 2067 greater than the base 32-gallon Organic Waste Cart.

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2068 12.06.5 Size and Frequency of Service. This service will be provided as deemed necessary 2069 and determined between Contractor and the Service Recipient, but such service must be received no less 2070 than one (1) time per week, except for Holidays in accordance with Section 5.03. Service may be provided 2071 by Bin or Cart at the option of the Service Recipient. The size of the Container and the frequency (above the 2072 minimum) of Collection will be determined between the Customer and Contractor. However, size and 2073 frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection 2074 Container. Service Recipients may own and provide their own Compactor provided that the Service 2075 Recipient is completely responsible for its proper maintenance, and that such Compactor is of a type that is 2076 compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be 2077 owned and supplied by Contractor.
2078 12.06.6 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic 2079 Waste if the Service Recipient does not separate the Organic Waste from Solid Waste and Recyclable 2080 Materials. Furthermore, Contractor is not required to Collect Organic Waste that is Contaminated through 2081 commingling with Solid Waste or Recyclable Materials. To address Contamination, Contractor must follow 2082 the steps set forth in Section 5.07.
2083 12.06.7 Organic Waste - Changes to Services. Should changes in law arise that necessitate 2084 any additions or deletions to the services described in this Section, including the type of items included as 2085 Organic Waste, the parties will negotiate any necessary cost changes and will enter into an Agreement 2086 amendment covering such modifications to the services to be performed and the compensation to be paid 2087 in accordance with Section 30.02 before undertaking any changes or revisions to such services. 2088 12.06.8 Additional Organic Waste Collection Containers. Contractor must provide additional 2089 Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided that 2090 additional Collection Containers are used by Service Recipients for the proposes of setting out additional 2091 Organic Waste materials for regular weekly Organic Waste Collection Service. 2092 Article 13. Industrial Service
2093 13.01 Contractor shall provide temporary Bin and Roll-Off Container service, including 2094 Construction and Demolition Debris Bins, to Industrial Service Recipients, where Industrial Service Recipient 2095 is defined as a customer subscribed to Debris Box or Roll-Off Container Collection Service. Contractor must 2096 offer temporary Bins in 1-, 2-, 3-, 4-, and 6-cubic-yard sizes, though Contractor is not required to provide 2097 Construction and Demolition Debris Bins at the 6-cubic-yard size. Contractor must also offer temporary Roll2098 Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Bin or Roll-Off Container 2099 within one (1) Business Day of request. The size of the Container and the frequency of Collection will be 2100 determined between the Service Recipient and Contractor. The Contractor shall receive compensation for 2101 Temporary Bin and Roll-Off Container Service from the Customer at the rates for such service as set in Exhibit 2102 1.

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2103 13.02 Contractor shall provide monthly Roll-Off Container service, including Construction and 2104 Demolition Debris Bins, to Service Recipients. Contractor may offer monthly Roll-Off Containers in 10-, 20-, 2105 30-, and 40-cubic-yard sizes. Contractor shall deliver such Roll-Off Container within one Business Day of 2106 request. Contractor must also either provide Collection Service from Compactors that are owned by 2107 Commercial Service Units or provide Compactors for Commercial Service Units to use for Collection Service, 2108 for the Maximum Service Rates set forth in Exhibit 1. The size of the Container and the frequency of Collection 2109 will be determined between the Service Recipient and Contractor. The Contractor shall receive compensation 2110 for monthly Roll-Off Container Service from the Customer at the rate for such service as set in Exhibit 1. 2111 13.03 Hours of Collection. Industrial Collection Service must be provided commencing no earlier 2112 than 5:00 a.m., and terminating no later than 6:00 p.m., Monday through Saturday, except for Holidays in 2113 accordance with Section 5.03. If the Industrial Collection Service is adjacent to Residential Premises, then 2114 Collection Service will be provided no earlier than 6:00 a.m. The hours, day, or both of Collection may be 2115 extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the 2116 Agreement Administrator.
2117 Article 14. City Services
2118 14.01 City Collection Service.
2119 14.01.1 Contractor shall provide Garbage, Recyclable Materials, and Organic Waste 2120 Collection Service to all City Service Units set forth in Exhibit 2, or as City may designate in the future (and 2121 where applicable, subject to the conditions in this Section), where the Containers are not blocked and are 2122 accessible by Contractor’s Collection Vehicles. City may update Exhibit 2 annually. 2123 14.01.2 Bulky Waste Collection Service. Contractor shall Collect Bulky Waste, including E2124 Waste and U-Waste, from City Service Units as listed on Exhibit 2 on an on-call basis on the same terms 2125 and conditions as are provided to SFD Service Units per Section 10.11. 2126 14.01.3 Public Garbage Cans and City Transit Shelters. Contractor shall provide Garbage 2127 Collection services to public trash cans and City-owned bus stops not less than three (3) days per week. 2128 Collection service shall include power-washing public trash cans and maintaining cleanliness in and around 2129 the trash cans on an annual basis. City public trash cans and Transit Shelter Garbage Collection Service 2130 Areas are specified in Exhibit 2.
2131 14.01.4 Development Review. Contractor, upon City’s request, shall assist the City in the 2132 review of applicants’ plans for projects covered by Public Resources Code § 42911, including commercial 2133 and multi-family projects, to provide for effective and economical accumulation and Collection of Solid 2134 Waste.
2135 14.01.5 Accumulation of Waste and Abandoned Waste. Contractor shall direct its drivers to 2136 note: (1) the addresses of any Premises at which they observe that Garbage, Recyclable Materials, and/or Agenda Item Number: 8
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2137 Organic Waste is accumulating and are not being delivered for Collection; and (2) the address, or other 2138 location description, at which Garbage or other Solid Waste has been abandoned in an apparently 2139 unauthorized manner. Contractor shall deliver the address or description to City within five (5) working days 2140 of such observation.
2141 14.01.6 Abandoned Waste Removal. Upon request from the Agreement Administrator or 2142 other authorized City staff, in accordance with the Service Recipient Rates as set forth in Exhibit 1, 2143 Contractor shall provide abandoned waste removal services within twenty-four (24) hours. Contractor shall 2144 do all of the following:
2145 (a) Contractor will Collect Abandoned Waste discarded along roads at locations identified 2146 by the City (which may include reports of locations by members of the public to the City 2147 or to Contractor from City staff).
2148 (b) Contractor shall respond to requests from the City to Collect abandoned waste on City 2149 Premises.
2150 (c) Contractor shall proactively Collect any and all Abandoned Waste from designated Hot 2151 Spots identified by the City, on a schedule set by the City. 2152 (d) Contractor shall proactively Collect any and all unreported Abandoned Waste that is 2153 discovered during the course of regular Collection Service. 2154 (e) Contractor shall cooperate with City in any investigation and prosecution of illegal 2155 dumping.
2156 (f) Contractor shall clean up litter within a 20-foot radius of each Abandoned Waste 2157 Collection site.
2158 Contractor shall be responsible for loading or arranging for loading of abandoned waste. Contractor shall 2159 Collect, transport, and deliver abandoned waste to the Disposal Facility, the Materials Recovery Facility, or 2160 Organic Waste Processing Facility as appropriate given the characteristics of the abandoned waste. 2161 14.01.7 Contractor shall publicize, to the satisfaction of City, the non-emergency phone 2162 number for the Sebastopol Police Department, (707) 829-4400, as a resource for people to report illegal 2163 dumping of debris.
2164 14.01.8 City-Sponsored Events Service. Upon request by the City, Contractor shall provide 2165 up to an amount of twenty thousand dollars ($20,000) worth of event services, including, but not limited to, 2166 Garbage, Recyclable Materials, and Organic Waste Containers, Collection Service, and portable toilet units 2167 at up to ten (10) City-Sponsored Events annually, at no additional cost to the City. No more than ten thousand 2168 dollars ($10,000) worth of those event services shall be for services that entail third-party vendors. The costs 2169 for services for City-Sponsored Events shall be calculated based on seventy-five percent (75%) of SFD 2170 Maximum Service Rates. Containers shall be delivered and picked up on the same day as each event, to 2171 prevent unauthorized use of the Containers.

Agenda Item Number: 8
Agenda Item Number: 8
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2172 14.01.9 Concrete Collection from Corporation Yard. Contractor shall provide a ten (10) 2173 cubic-yard Bin that will be located at the City corporation yard, or at some other location that is agreeable to 2174 both City and Contractor, and that will be used by City for the Collection of clean concrete. At no additional 2175 charge to the City, and upon request from the City, Contractor shall Collect the contents of this Bin up to ten 2176 (10) times per year, and up to a maximum of one hundred (100) tons per year. Additional service beyond 2177 ten (10) times per year or one hundred (100) tons per year will be subject to the Maximum Service Rates 2178 set forth in Exhibit 1.
2179 14.02 City Collection Conditions of Service. City Collection Service shall be governed by the 2180 following terms and conditions:
2181 14.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general 2182 public, Contractor voluntarily agrees to provide Solid Waste Collection under this Article at no cost to the 2183 City excepting excess service as provided in this Article and warrants that such service shall neither impact 2184 the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients. 2185 14.02.2 Contractor shall receive written permission from the City before placing any 2186 Collection Containers on City-owned property for service, except that no such permission shall be needed 2187 to place Collection Containers at locations specified for such Containers in Exhibit 2. 2188 14.02.3 Contractor shall limit the number of trips and the path of travel for Collection 2189 Vehicles in City parking lots.
2190 14.02.4 Container Service. City Facilities shall be provided Solid Waste Collection generally 2191 subject to the same terms and conditions as similar Service Units regarding Container specifications, repair, 2192 replacement, cleanings, and exchange; provided the City shall not be charged for any requests for such 2193 services.
2194 14.02.5 Frequency of Service. The frequency of Collection may be designated by the City, 2195 but not to exceed six (6) times per week per Container. City may change the City Service Units receiving 2196 service, and the Container volume and Collection frequency provided to any City Service Unit, by written 2197 notice to Contractor.
2198 14.02.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate access to 2199 City Service Unit sites. Contractor shall be responsible for the safekeeping of these keys and shall pay for 2200 the replacement cost of keys if replacements are needed. 2201 Article 15. Additional Services
2202 15.01 Recovered Organic Waste Procurement. Contractor shall assist the City in meeting the SB 2203 1383 mandated recovered Organic Waste procurement target. At no cost to the City, Contractor must assist 2204 City in arranging for produced Compost, mulch, or other recovered Organic Waste products to comply with Agenda Item Number: 8
Agenda Item Number: 8
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2205 SB 1383 procurement requirements to be delivered in qualities, quantities, locations, and times agreed on 2206 between City and Contractor. Such Contractor assistance can be in the form of backhauling materials or 2207 setting aside locations for Service Recipients to pick up produced Compost/mulch at an approved facility. 2208 When requested by the City, Contractor agrees to provide up to fifty percent (50%) of the City’s full SB 1383 2209 annual recovered Organic Waste procurement target, which amounts to one hundred seventy-eight (178) 2210 tons or four hundred forty-five (445) cubic yards of Compost or mulch annually. 2211 15.02 Compost Giveaway Events. In the event that Compost is no longer provided by the 2212 Sonoma County Waste Management Agency, and subject to the terms and conditions of Section 30.01, 2213 Contractor will provide at least two Compost giveaway events per year for City residents. Contractor shall 2214 make available at least sixty (60) cubic yards of Compost on an annual basis at no additional cost to City. 2215 The location, date, and time of such events shall be mutually agreed upon by Contractor and City. If 2216 Contractor provides Compost giveaways to City residents, Contractor shall receive a credit for the number of 2217 cubic yards of compost provided to City residents for the requirements outlined in Section 15.01. 2218 15.03 Edible Food Recovery Support. In the event that Edible Food Recovery support is no longer 2219 provided by the Sonoma County Waste Management Agency, and subject to the terms and conditions of 2220 Section 30.01, Contractor will, at no additional cost to the City, provide support to the City’s Edible Food 2221 Recovery program as required under SB 1383. Contractor support may include educating commercial Edible 2222 Food generators, providing records of site visits, conducting education efforts, providing lists of food recovery 2223 organizations, and coordinating with Agreement Administrator. Contractor will assist the City in conducting 2224 Food Waste and Green Waste surveys and Diversion programs by providing accurate and timely service 2225 data, conducting site visits, and distributing materials. 2226 15.04 HHW and Extended Producer Responsibility Drop-Off Events. In the event that HHW 2227 collection events are no longer provided by the Sonoma County Waste Management Agency, and subject to 2228 the terms and conditions of Section 30.01, Contractor shall provide a minimum of two City-wide HHW 2229 (including E-waste, U-Waste, pharmaceuticals, and sharps), textile, carpet, and mattress Collection drives on 2230 an annual basis. The events shall be conducted by Contractor at no cost of any kind to the City. Contractor 2231 will schedule Collection events with City approval and advertise the drop-off events not less than one week 2232 prior to the scheduled Collection event, but no more than one month prior to the scheduled Collection event. 2233 All textile, carpet, and mattresses Collected through this program shall be Diverted from the landfill, either 2234 through donation to a local non-profit organization or through other means of Diversion. Contractor must 2235 arrange for appropriate disposal of all HHW generated by each event. 2236 15.05 Support in Complying with SB 54. Contractor will, at no cost to the City, provide support to 2237 the City in complying with SB 54. Contractor support may include, but is not limited to, record-keeping, 2238 collection of data, waste stream sampling, and compilation of reports. 2239 15.06 Street Sweeping Service. Upon City’s request and subject to mutual agreement between 2240 City and Contractor regarding the amount and timing of an adjustment to Service Recipient Rates, Contractor 2241 shall provide street sweeping services and/or catch basin cleaning to City in accordance with the terms and Agenda Item Number: 8
Agenda Item Number: 8
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2242 conditions set forth in Exhibit 13, Street Sweeping Service. City and Contractor shall mutually agree on the 2243 date in which to begin performance of such services. 2244 15.07 Household Alkaline Battery Recycling Program. At no additional cost to the City, Contractor 2245 shall collect household alkaline batteries from the City household alkaline battery drop-off locations identified 2246 in Exhibit 12. City staff shall notify Contractor when batteries require collection. Contractor shall collect 2247 batteries from all locations unless directed by City to collect at one or more centralized locations. Contractor 2248 shall deliver batteries to a battery recycler or permitted hazardous waste facility. 2249 15.08 Cardboard Drop-Off Program. Contractor shall provide a four (4) cubic-yard Bin that will be 2250 located at the City community center, or at some other location that is agreeable to both City and Contractor, 2251 and that will be used by City for the Collection of clean cardboard. At no additional charge to the City, and 2252 either on a regular schedule or upon request from the City, Contractor shall Collect the contents of this Bin. 2253 City shall be responsible for monitoring this Bin for Contamination and either removing Contamination or 2254 alerting Contractor of Contamination. If Contamination becomes a recurring issue, Contractor and City shall 2255 meet and confer to determine a new location for the Bin that is mutually acceptable to both parties. 2256 15.09 Holiday Tree Drop-Off at Corporation Yard. At no additional cost to the City, Contractor 2257 shall provide a Debris Box at the City corporation yard for all City residents to use for disposal of Holiday 2258 Trees. Contractor must deliver the Collected Holiday Trees to the Organic Waste Processing Facility for 2259 Diversion through uses other than Alternative Daily Cover or Beneficial Use. Contractor is not required to 2260 Divert Holiday Trees with tinsel, flocking, or ornaments. 2261 Article 16. Collection Routes
2262 16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely 2263 defining Collection routes, together with the days which Collection will regularly commence. 2264 16.02 Service Routes Near Schools. Contractor agrees not to schedule Collection service within 2265 500 feet of a school’s roadway frontage and/or driveways during either the school’s daily morning student 2266 arrival window(s) or the school’s daily afternoon student departure window(s). It is the responsibility of 2267 Contractor to determine the schedule of each school site and which Collection service is provided. 2268 16.03 Initial Route Changes. Contractor agrees not to change any Residential Solid Waste 2269 Collection routes in effect as of the Effective Date of this Agreement prior to July 1, 2026, except for limited 2270 route changes that may be necessary for new development and subject to review and approval by the City. 2271 After July 1, 2026, if any re-routing of Residential Solid Waste Collection is necessary for Collection efficiency, 2272 Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than sixty 2273 (60) calendar days prior to the proposed date of implementation. Any such initial routing change may not 2274 affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and approval.

Agenda Item Number: 8
Agenda Item Number: 8
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2275 16.04 Future Service Route Changes. Contractor must submit to City, in writing, any proposed 2276 route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of 2277 implementation. Contractor may not implement any route changes without the prior review and approval of 2278 the Agreement Administrator. If the change will change the Collection day for a Service Recipient, Contractor 2279 must notify those Service Recipients in writing of route changes not less than thirty (30) days before the 2280 proposed date of implementation.
2281 16.05 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection 2282 routes. Contractor must cooperate with City in connection therewith, including permitting City employees or 2283 agents designated by the Agreement Administrator to ride in the Collection Vehicles to conduct the audits. 2284 Contractor has no responsibility or liability for the salary, wages, benefits, or worker compensation claims of 2285 any person designated by the Agreement Administrator to conduct such audits. 2286 Article 17. Minimum Performance Standards
2287 17.01 Billing Audit and Performance Reviews.
2288 17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is 2289 to determine that the amount which the Contractor is billing each Customer is correct regarding the level of 2290 service (i.e., frequency of Collection, size of Container, location of Container) at the rates approved by City 2291 Council resolution. The Contractor shall review Customer accounts not less than annually and provide a 2292 written certification to the City that all such billing is correct. The documentation of the review, as well as 2293 verification that any errors have been corrected, should be provided to the City annually. 2294 17.01.2 Billing Audit and Performance Reviews. City may conduct billing audit and 2295 performance reviews (together, “reviews”) of Contractor’s performance during the Term of this Agreement, 2296 as provided herein. City may conduct two (2) full reviews, with payment to City as stated in Section 17.01.2.1 2297 below, during the Initial Term of this Agreement. The purpose of these full reviews will be as described in 2298 Section 17.01.2.2 below.
2299 17.01.2.1 Selection and Cost. The reviews will be performed by the City or 2300 a qualified firm under contract with the City. City will have the final responsibility for the selection of the firm. 2301 City may conduct reviews at any time during the Term of the Agreement. Contractor shall pay the City’s 2302 costs for the performance review, up to $85,000 per review. The payment amount shall increase annually 2303 by the CPI Adjustment Calculation in Section 6.05. 2304 17.01.2.2 Purpose. The reviews will be designed to verify: that Customer 2305 billing rates have been properly calculated and correspond to the level of service received by the Customer, 2306 that Contractor is correctly billing for all services provided, that Franchise Fees and other fees required 2307 under this Agreement have been properly calculated and paid to City, that Contractor is in compliance with 2308 the reporting requirements and performance standards of this Agreement, the Diversion percentages 2309 reported by Contractor, and any other provisions of the Agreement. City (or its designated consultant) may Agenda Item Number: 8
Agenda Item Number: 8
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2310 utilize a variety of methods in the execution of this review, including, but not limited to, analysis of relevant 2311 documents, on-site and field observations, and interviews. City (or its designated consultant) will review 2312 and document the items in the Agreement that can be objectively evaluated, including those that require 2313 Contractor to meet specific performance standards, submit information or reports, perform additional 2314 services, or document operating procedures. This information will be documented and be formatted in a 2315 “compliance checklist”, with supporting documentation and findings tracked for each of the identified items. 2316 The review will specifically include a determination of Contractor’s compliance with the Diversion 2317 requirements of Article 8 and the public outreach and education requirements of Article 20. City (or its 2318 designated consultant) may review the Customer service functions and structure utilized by Contractor. 2319 This may include Contractor’s protocol for addressing Customer complaints and service interruption 2320 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and 2321 addressing complaints. On-site and field observations by City (or its designated consultant) may include, 2322 but are not necessarily limited to:
2323 a) Interviews and discussions with Contractor’s administration and management 2324 personnel.
2325 b) Review and observation of Contractor’s Customer service functions and structure. 2326 c) Review of public education and outreach materials. 2327 d) Interviews and discussions with Contractor’s financial and accounting personnel. 2328 e) Interviews with route dispatchers, field supervisors, and managers. 2329 f) Interviews with route drivers.
2330 g) Interviews with vehicle maintenance staff and observation of maintenance 2331 practices.
2332 h) Review of on-route Collection Service, including observation of driver 2333 performance and Collection productivity and visual inspection of residential routes 2334 before and after Collection to evaluate cart placement and cleanliness of streets. 2335 17.01.2.3 Contractor’s Cooperation. Contractor shall cooperate fully with the 2336 review and provide all requested data, including operational data, financial data, and other data reasonably 2337 requested by City within fifteen (15) Workdays of the request. Failure to submit data by the due date may 2338 result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 2339 17.01.3 Additional Billing Audit and Performance Review. In the event that the Billing Audit 2340 and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this 2341 Agreement and such non-compliance is material, Contractor is subject to Administrative Charges and 2342 Penalties as described in Exhibit 5 as well as reimbursement to the City for the full cost of the audit plus any 2343 underpayments discovered during the Audit. Additionally, City may conduct an Additional Billing Audit and 2344 Performance Review, beyond the two (2) specified in Section 17.01.2.1, to ensure that Contractor has cured 2345 any such area of non-compliance. Contractor will be responsible for the cost of any such Additional Billing 2346 Audit and Performance Review for a maximum cost of Eighty-Five Thousand Dollars ($85,000), starting on July 1, 2026, and each January 1st 2347 thereafter. For the purposes of a determination of non-compliance under Agenda Item Number: 8
Agenda Item Number: 8
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2348 this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. 2349 These payment amounts shall increase annually by the CPI Adjustment Calculation in Section 6.05. 2350 17.01.4 City Requested Program Review. City reserves the right to require Contractor to 2351 periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service 2352 programs, provided that such reviews are reasonable and can be accomplished at no additional cost to 2353 Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of 2354 the following performance indicators: average volume of Recyclable Materials per set-out per Customer, 2355 average volume of Organic Waste per set-out per Customer, participation level, Contamination levels, etc. 2356 Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review 2357 and agree on the method, scope, and data to be provided by Contractor. Failure of Contractor to submit 2358 requested data or information to City within fifteen (15) Workdays of a request may result in assessment of 2359 Administrative Charges and Penalties as specified in Exhibit 5. 2360 17.02 Cooperation with Other Program Reviews. Contractor shall cooperate with City and/or its 2361 agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to 2362 investigate Customer participation levels and set-out volumes, and/or evaluate and monitor program results 2363 related to Garbage, Recyclable Materials, and Organic Waste Collected in City by Contractor, provided that 2364 such cooperation can be accomplished at no additional cost to Contractor and without interfering with 2365 Contractor’s operations. Failure of Contractor to submit requested data or information to City within fifteen 2366 (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified 2367 in Exhibit 5.
2368 Article 18. Collection Equipment
2369 18.01 General Provisions. All equipment used by Contractor in the performance of services under 2370 this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality 2371 standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be 2372 designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers must 2373 be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing, 2374 or falling from the vehicles. All trucks and Containers must be watertight and must be operated so that liquids 2375 do not spill during Collection or in transit.
2376 18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use Compactor 2377 mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other 2378 gases from pressurized appliances.
2379 18.03 Collection Vehicles. Contractor must use Collection Vehicles as listed in the schedule 2380 included in Exhibit 4 and may not use any Collection Vehicle that is more than ten (10) years old during the 2381 Term of the Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its 2382 address within the County of Sonoma and shall report all purchases of Collection Vehicles under this 2383 Agreement as attributable to the City for sales tax purposes. If available to Contractor, Collection Vehicles Agenda Item Number: 8
Agenda Item Number: 8
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2384 must utilize low carbon (“alternative”) fuel, which must be renewable diesel, renewable natural gas (RNG), 2385 liquefied natural gas (LNG), CNG, or electric unless otherwise pre-authorized by the City in writing. In each 2386 event that low carbon fuel is not available to Contractor, Contractor must notify the Agreement Administrator 2387 in writing within forty-eight (48) hours, and Contractor must include in this notice an explanation of why such 2388 fuel is not available. If, during the Term of the Agreement, new technologies are available (such as hybrid or 2389 electric powered Collection vehicles), the City or the Contractor may request/negotiate implementation of 2390 such new Collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional 2391 cost or savings. During the Term, to the extent required by law, Contractor shall provide its Collection Vehicles 2392 to be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are 2393 adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy 2394 Duty Engine Standards as currently proposed to be contained in California Code of Regulations, Title 13, 2395 Sections 2020 et seq., the California Air Resources Board Advanced Clean Fleets Regulation as outlined in 2396 California Code of Regulations, Title 13, Sections 2013 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur 2397 regulations, and all other applicable air pollution control laws. 2398 18.03.1 Zero Emission Vehicle Technology Transition. City and Contractor shall proactively 2399 take such steps as are necessary to plan for, and upon City direction execute, transition of the Contractor’s 2400 Collection Vehicles to reliance on electricity or other zero emission technologies as a fuel source. Contractor 2401 shall report to the City no less than annually on the status of the transition. The City and Contractor shall, no 2402 less than annually, confer on the degree to which it is technologically and economically feasible to transition 2403 some or all Collection Vehicles to electricity or other zero emission technology. In determining whether it is 2404 economically feasible to transition Collection Vehicles per this Section, the City and Contractor shall review 2405 and evaluate Contractor’s current and historical finances and profitability. Upon a determination by the City 2406 that it is technologically and economically feasible to transition some or all Collection Vehicles to electricity 2407 or other zero emissions technology, Contractor shall proceed to purchase and operate such vehicles on a 2408 schedule mutually agreed to by Contractor and City, and subject to agreement regarding changes in 2409 Contractor’s Compensation that are reasonable and necessary for the transition. Contractor shall be entitled 2410 to a change in Contractor’s Compensation for construction of an electric charging or other fueling station, 2411 subject to the mutual agreement of the City and Contractor and approval of the City Council. Contractor will 2412 coordinate with the City in finding or constructing a suitable charging or other fueling station for Contractor’s 2413 electric or other zero emission Collection Vehicles. 2414 18.04 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles fitted 2415 with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum 2416 speed. Contractor shall furnish to the City, at no additional cost or expense, any software and equipment 2417 necessary for City to track the location of Collection Vehicles in real time and to generate reports as needed. 2418 Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location 2419 stamped, to document violations, including Contamination, overfilling, and lids not closed. GPS and camera 2420 data must be made available to City upon request. Failure of Contractor to make data or information available 2421 to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and 2422 Penalties as specified in Exhibit 5.

Agenda Item Number: 8
Agenda Item Number: 8
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2423 18.05 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may not use 2424 any Collection Vehicle in violation of weight limitations in Applicable Law, including any weight limitation 2425 placed on any public roadway or alley as adopted and posted by City. The Contractor may exceed the 2426 Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the 2427 prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor 2428 must report all instances of overweight vehicles to City as part of its quarterly reporting described in Section 2429 22.04, and as part of its Annual Reports to the City described in Section 22.05. Contractor may be assessed 2430 Administrative Charges and Penalties as specified in Exhibit 5 as a result of exceeding an overweight vehicle 2431 rate of five percent (5.00%) in any Calendar Year during the Term of the Agreement. The overweight vehicle 2432 rate will be calculated as the total number of overweight Collection Vehicle instances during the Calendar 2433 Year divided by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to 2434 collecting Administrative Charges and Penalties for overweight vehicles, the City shall afford Contractor a 2435 reasonable opportunity to provide the Agreement Administrator with documentation of the extraordinary 2436 circumstance that caused the overweight vehicles. Extraordinary circumstances in this case may include, but 2437 are not limited to, heavy rains or high winds that caused excess Green Waste to be generated, rain to 2438 accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened due to 2439 extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s 2440 documentation and uphold and collect the assessed charge, to reduce the charge, or to waive and dismiss 2441 the charge. The Agreement Administrator shall also have the authority to waive charges in advance of an 2442 anticipated, or in response to an actual, emergency event. 2443 18.06 Registration; Inspection. All vehicles used by Contractor in providing Solid Waste 2444 Collection under this Agreement, except those vehicles used solely on Contractor’s Premises, are to be 2445 registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected 2446 by the California Highway Patrol in accordance with Applicable Law. Within two (2) Workdays of a request 2447 from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and 2448 any safety compliance report, including, but not limited to, any report issued under California Vehicle Code 2449 Sections 34500.
2450 18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety 2451 markings including, but not limited to, highway lighting, flashing, and warning lights, clearance lights, and 2452 warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle 2453 Code, as may be amended from time to time.
2454 18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without 2455 repetition and must have Contractor's name, Contractor’s customer service telephone number, and the 2456 number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and 2457 the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo, and its 2458 registered service marks, except for promotional advertisement of the Recyclable Materials and Organic 2459 Waste programs, which is encouraged. City is to approve any promotional material of the Recyclable 2460 Materials and Organic Waste affixed to or painted on Contractor’s Collection Vehicles and may require such Agenda Item Number: 8
Agenda Item Number: 8
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2461 promotion to be utilized from time to time to encourage correct Recycling, reduce Contamination, and provide 2462 relevant education. Contractor must repaint all vehicles (including vehicles striping) during the Term of this 2463 Agreement on a frequency as necessary to maintain a positive public image, as reasonably determined by 2464 the Agreement Administrator, but not less often than once every five years. 2465 18.09 Bin and Roll-off Container Signage, Painting, and Cleaning. All metal Bins and Roll-off 2466 Containers of any service type furnished by Contractor must be either painted or galvanized, in compliance 2467 with all applicable color specifications as set forth by CalRecycle. All metal or plastic bins and Roll-off 2468 Containers must display Contractor’s name, Contractor’s customer service telephone number, and the 2469 number of the Bin or Roll-off Container and must be kept in a clean and sanitary condition. Bins must also 2470 have labels that comply with Section 20.10 of this Agreement. Bins and Roll-off Containers should be free of 2471 dents and graffiti and newly painted at the start of this Agreement and painted as needed to maintain an 2472 orderly appearance throughout the Term of the Agreement, but not less frequently than once every three 2473 years. Bins and Roll-off Containers may be subject to periodic, unscheduled inspections by City, and 2474 determination as to sanitary condition will be made by City. 2475 18.10 Vehicle Certification. For each Collection Vehicle used in the performance of services 2476 under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to 2477 Part 5 of Division 26 of the California Health and Safety Code (Section 43000 and following) and regulations 2478 promulgated thereunder, and/or a safety compliance report issued pursuant to Division 14.8 of the California 2479 Vehicle Code (Section 34500 and following) and the regulations promulgated thereunder, as applicable to 2480 the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates 2481 and reports available for inspection upon request by the Agreement Administrator. 2482 18.10.1 By July 1, 2025, Contractor must submit to the Agreement Administrator verification 2483 that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle Inspection. 2484 Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested annually in the 2485 California Heavy Duty Inspection Program and must, upon request, submit written verification to City within 2486 ten (10) Workdays of the completion of such test. Contractor may not use any vehicle that does not pass 2487 such inspection. This provision does not apply to any temporary rental trucks utilized by Contractor. 2488 18.11 Equipment Maintenance. Contractor must always maintain Collection equipment in a clean 2489 condition and in good repair. All parts and systems of the Collection equipment must operate properly and be 2490 maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles at least once a 2491 week.
2492 18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles. 2493 The log must always be accessible to City by physical inspection upon request of Agreement Administrator, 2494 and must show, at a minimum, each vehicle’s Contractor-assigned identification number, date purchased or 2495 initially leased, dates of performance of routine maintenance, dates of performance of any additional 2496 maintenance, and description of additional maintenance performed.

Agenda Item Number: 8
Agenda Item Number: 8
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2497 18.13 Equipment Inventory. On or before July 1, 2025, Contractor shall provide to City an 2498 inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and 2499 performance of services under this Agreement. The inventory must indicate each Collection Vehicle by 2500 Contractor-assigned identification number, DMV license number, the age of the chassis and body, the type 2501 of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, 2502 the decibel rating, and the maintenance and rebuild status. Contractor must submit an updated inventory, 2503 either via email or via electronic document sharing site (e.g., Dropbox), to the Agreement Administrator, either 2504 annually or more often, at the request of the Agreement Administrator. Each inventory must also include the 2505 tare weight of each vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2506 inventory must be accompanied by a certification signed by Contractor that all Collection Vehicles meet the 2507 requirements of this Agreement.
2508 18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection 2509 equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve 2510 equipment must correspond in size and capacity to the equipment used by the Contractor to perform the 2511 contractual duties.
2512 18.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate with the 2513 City to meet its Recovered Organic Waste Product procurement target, as defined in, and required by 2514 Applicable Law. In support of that objective, the City will receive any applicable SB 1383 Recovered Organic 2515 Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection 2516 vehicles as allowed by the Applicable Law and within the time provided therein. 2517 Article 19. Contractor’s Office
2518 19.01 Contractor’s Office. Contractor shall maintain an office at the nearest possible location that 2519 is agreed to by the City, that is accessible to persons with disabilities as required by the Americans with 2520 Disabilities Act (ADA). Service Recipients shall be permitted to make payments in person at this office. Such 2521 office must be equipped with enough telephones so that all Collection Service-related calls received during 2522 normal business hours are answered by an employee within five (5) rings. The office must have responsible 2523 persons in charge during Collection hours, and must be open during normal business hours (8:00 a.m. to 2524 5:00 p.m. on Monday through Friday). Contractor must provide either a local or toll-free telephone number 2525 that connects to the call center described in Section 19.02, and a telephone answering service or mechanical 2526 device to receive Service Recipient inquiries during those times when the office is closed. Calls received after 2527 normal business hours must be addressed the next Workday morning. 2528 19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center 2529 within the United States. Such office must be equipped with enough telephones that all customer service2530 related calls are answered by an employee within five (5) rings if they are received during normal business 2531 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). Calls received after normal business hours, 2532 including on Saturdays and Sundays, must be addressed no later than the next Workday morning.

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Agenda Item Number: 8
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2533 19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an 2534 emergency phone number where the Contractor can be reached outside of the required office hours. 2535 19.04 Multilingual/Telecommunications Device for the Deaf (TDD) Service. Contractor must 2536 always maintain the capability of responding to telephone calls in English, Spanish, and such other languages 2537 as City may direct. Contractor must always maintain the capability of responding to telephone calls through 2538 TDD Services.
2539 19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone 2540 answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all 2541 calls, including any inquiries, service requests, or complaints, into a customer service log. 2542 19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. 2543 Any call “on-hold” more than 1.5 minutes must have the option to remain “on-hold” or request a “call-back” 2544 from a customer service representative. Contractor’s customer service representatives must return Service 2545 Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one 2546 time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be 2547 attempted a minimum of one time prior to noon the next Workday. Contractor must make minimum of three 2548 (3) attempts within one (1) Workday of the receipt of the call. If Contractor is unable to reach the Service 2549 Recipient on the next Workday, Contractor must send a postcard, email, or text, as indicated by the Service 2550 Recipient, to the Service Recipient on the second Workday after the call was received, indicating that the 2551 Contractor has attempted to return the call.
2552 Article 20. Contractor Support Services
2553 20.01 Sustainability/Compliance Representative. Contractor will hire staff, including at least one 2554 Sustainability/Compliance Representative at fifty percent (50%) of full-time equivalent, as of the 2555 Commencement Date, to conduct site visits and provide outreach and education in support of meeting City 2556 and CalRecycle Diversion requirements and to meet State mandates associated with Applicable Law and all 2557 amendments and related subsequent legislation. The Sustainability/Compliance Representative(s) shall be 2558 available as needed to meet with the City and conduct site visits to implement Recyclable Materials and 2559 Organic Waste programs in the Service Area at least four days a week throughout the year. City may request 2560 monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling programs, 2561 Billing or Service Recipient service issues, and day-to-day operations. 2562 20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit, 2563 and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide 2564 Contractor’s staff’s work efforts. This Plan will include measures to meet Diversion targets, increase 2565 Diversion, and increase participation of Service Recipients in Recyclable Materials and Organic Waste 2566 Diversion programs, and should target certain Recyclable Materials or “problem” areas, including Recyclable 2567 Materials and Organic Waste sorting and Contamination, within Contractor’s Service Area where 2568 improvements can be maximized. Planned outreach and education services and outreach materials should Agenda Item Number: 8
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2569 be included as part of the Plan and updated annually, and new outreach materials shall not be circulated to 2570 the public without City review and approval. Targets of outreach shall be based on local trends and Recycling 2571 patterns from data obtained by both the City and Contractor. Contractor will maintain current and state-of2572 the-art public outreach and education services throughout the Term of this Agreement by providing outreach 2573 materials to Service Recipients electronically (via email and social media). Contractor must submit first year 2574 draft Plan to the City prior to the Commencement Date and by July 1st each year thereafter for the Term of 2575 the Agreement. City shall review and provide revisions to draft Plan within thirty (30) days of receipt. City shall 2576 review, provide comments, approve all education, and outreach materials. Contractor must revise and submit 2577 final Plan to City by March 1, 2026, for the first year and then each year thereafter for the Term of the 2578 Agreement. Contractor’s Plan is provided in Exhibit 9. 2579 20.02.1 Approach to Meeting City’s Diversion Requirements. Contractor must document 2580 approach to meeting City’s Diversion requirements by specific Diversion program type (SFD, MFD, 2581 Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and 2582 public education programs. This must include an implementation schedule showing the specific programs 2583 and tasks, milestones, and timeframes for meeting the Diversion requirements. 2584 20.02.2 Environmental Stewardship. Contractor must describe all environmental 2585 management policies and activities related to the Solid Waste Collection service, including the use of 2586 Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled 2587 products throughout operations, internal waste reduction and reuse protocol, water and resource 2588 conservation activities within facilities (design, construction and operation), compliance with laws governing 2589 E-Waste, HHW, and U-Waste, and use of non-toxic products when possible. 2590 20.02.3 Outreach Regarding Recyclability of Materials. Contractor shall create and maintain 2591 at minimum one (1) piece of educational material that addresses:
2592 (a) The foundational role that commodities markets and transportation costs play in current 2593 Recycling systems.
2594 (b) The importance of keeping recyclables empty, clean, and dry. 2595 (c) A list of materials that are likely to be recycled if placed in City Recyclable Materials 2596 Containers.
2597 Contractor shall also create and maintain at minimum one (1) piece of educational material that addresses:
2598 (a) The Organic Waste stream standards of the local transfer and processing facilities that 2599 receive City Organic Waste.
2600 (b) The related importance of keeping prohibited materials out of the City’s Organic Waste 2601 stream.

Agenda Item Number: 8
Agenda Item Number: 8
City Council Meeting Packet of: January 7, 2025