20.05 Technical Assistance.
20.05.1 Site Visits. Contractor shall provide comprehensive Recycling technical assistance to MFD and Commercial Customers with the primary purpose of helping Customers increase Recyclable Materials and Organic Waste Collection services and reducing Solid Waste Collection service.
The technical assistance services shall conform with the following performance expectations per month:
Task Minimum Number of related actions taken
Phone Calls 7
In-Person Site Visits (i.e., Customer contact) 15
Site visits shall include on-site assessments of the MFD and Commercial Premises to improve Recyclable Materials and Organic Waste Collection program participation and provide recommendations to Customers on how to improve overall resource efficiency . During the site visits, Contractor will be required to provide and/or restock posters, “how to” guides, personal Recyclable Materials baskets/bags for MFD tenants, and any other appropriate materials , and to provide new signage for the Recyclable Materials and Organic Waste Containers if necessary. This program shall also involve preparation and presentation of reports to the City on the Contractor’s efforts and results of the technical assistance efforts.
20.05.2 Compliance Reviews.
20.05.2.1 General Requirement. At least once annually, beginning in 2025, Contractor shall review the records of its Commercial and MFD Customers in City that are subscribed for at least two (2) cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, to determine whether such Customers are subscribed for Organic Materials Collection service or have an applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly scheduled report to City.
20.05.2.2 Site Visit Requirement for Non -Compliance. Contractor shall conduct a site visit to each Commercial and MFD Customer in City that is determined to (a) not be enrolled in 3-Container Collection service, and (b) not be eligible for a waiver based on the City determination.
Contractor shall conduct in-person site visits (i.e., direct Customer contact) to provide educational material about the law’s requirements to Commercial and MFD Customers at least once every 3 years.
20.05.2.3 Site Visit Requirement for All Customers. All Commercial and MFD Customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and sizing of Containers at least once every 5 years.
20.06 Education and Outreach Materials. Contractor must implement public education and outreach in conformance with Applicable Law and in coordination with City. Contractor will develop four bill inserts, which will include a residential customer service guide as well as three residential newsletters, to be distributed quarterly. Contractor shall attend three public events and host booths to promote Recycling education and awareness. Contractor will work with City to identify which special events will be attended.
Contractor, together with City, shall work with local media to ensure information on new programs, events, Recyclable Materials , Organic Waste , etc., is communicated to the community. Contractor shall use a variety of options , such as websites and social media, as well as in -person visits to Homeowners Associations, schools, and civic groups to distribute information and education about City Solid Waste and Recyclable Materials programs and events.
20.06.1 Available Services Notice and Information. At least annually, Contractor must publish and distribute (by mail or electronically) a notice to all Service Units regarding the full range of services offered . The notice must be provided in English and Spanish and must be distributed by Contractor no later than March 1st of each year. The notice must contain, at a minimum: (i) definitions of the materials to be Collected; (ii) procedures for setting out materials; (iii) the days when Garbage, Recyclable Materials, and Organic Waste Services will be provided; (iv) Contractor’s local customer 104
service phone number; (v) instructions on the proper filling of Containers ; (vi) instructions as to what materials may or may not be placed in Recyclable Materials or Organic Waste Containers ; (vii) how to select Container sizes to maximize Diversion; (viii) information about participation in Recyclable Materials and Organic Waste programs; (ix) the fees for Overage and Contamination in the event of non-compliance; (x) the availability of on-premises Collection Services, including the availability of no- charge on-premises Solid Waste Collection for qualified persons ; (xi) the availability of Bulky Waste Services; and (xii) the availability of [INSERT ALL OTHER PROGRAMS THAT RESIDENTS MAY NEED REMINDERS FOR].
20.06.2 Contractor shall provide the following to all its Customers under the Agreement annually:
A. Information on the Customer’s requirements to properly separate materials in appropriate Containers.
B. Information on methods for: the prevention of Organic Materials generation, Recycling Organic Materials on-site, sending Organic Materials to community Composting, and any other local requirements regarding Organic Materials.
C. Information regarding the methane reduction benefits of reducing the landfill Disposal of Organic Materials, and the methods of Organic Materials recovery contemplated by the Agreement.
D. Information regarding how to recover Organic Materials.
E. Information related to the public health and safety and environmental impacts associated with the landfill Disposal of Organic Materials.
F. The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings, and/or on-site visits.
All information that SB 1383 requires the City to distribute shall be posted on Contractor’s website.
G. Contractor shall provide an educational webpage which includes downloadable copies of all the materials described in this Section.
20.06.3 City-Specific Website. Contractor shall maintain a City -specific website that fully explains the Contractor’s current services and rates and the Diversion options available, and that allows Service Recipients to submit service changes, inquiries, complaints , or queries. The website must describe and promote the use of the available Recyclable Materials and Organic Waste services.
Contractor’s local website must provide information specific to the City’s programs. Contractor will ensure that information prov ided on the website is maintained and up to date . Content will include proper Container set out instructions, educational materials, newsletters , and program descriptions.
Website content shall be in English with translations into Spanish and/or other languages to be determined, which may include Tagalog.
20.06.4 Recycling Resources. Contractor shall maintain accurate list of Recyclable Materials on its website and promote proper Recycling to all Service Recipients. Contractor shall consult, collaborate, and coordinate its Recycling outreach and educational materials and activities with the City and incorporate the City’s input on the Contractor’s Recycling resources and programs. 105
20.07 Waiver Outreach and Evaluation Support. Contractor shall, at no additional cost to the City, provide support to the City’s waiver program as required under SB 1383. Contractor support may include notifying Commercial and MFD Service Units about the availability of waivers and how to obtain and file a waiver, as well as distribution, collection, and evaluation of waiver applications.
20.08 News Media Relations . Contractor will work with local media to ensure information is communicated to community (new programs, events, Recycling information, etc.). Contractor to use options such as local Newspaper, Radio/TV News outlets, Websites , and Social Media. Contractor will notify the Agreement Administrator by email or phone of all requests for news media interviews related to the services covered under this Franchise Agreement within one (1) Workday of Contractor’s receipt of the request.
When practicable, before responding to any inquiries involving controversial issues or any issues likely to affect participation or Customer’s perception of services, Contractor will discuss Contractor’s proposed response with the City Agreement Administrator.
20.09 News Media Requests . Contractor will notify the Agreement Administrator by email or phone of all requests for news media interviews related to the services covered under this Agreement within one (1) Workday of Contractor’s receipt of the request. When practicable, before responding to any inquiries involving controversial issues or any issues likely to affect participation or Service Recipient’s perception of services, Contractor will discuss Contractor’s proposed response with the Agreement Administrator.
20.09.1 Copies of draft news releases or proposed trade journal articles that use the name of City or relate to the services provided hereunder must be submitted to the Agreement Administrator for prior review and approval at least five (5) working days in advance of release, except where Contractor is required by any Applicable Law to submit materials to any regulatory agency in a shorter period of time, in which case Contractor must submit such materials to City simultaneously with Contractor’s submittal to such regulatory agency.
20.09.2 Copies of articles resulting from media interviews or news releases that use the name of City or relate to the services provided hereunder must be provided to the City within five (5) days after publication.
20.10 Acceptable Materials Labeling . All new Collection Container s must be labeled in compliance with SB 1383 labeling requirements , via durable inlay . Each label shall clearly list Acceptable materials to be placed in the corresponding Container, as well as primary prohibited materials. Labels must be updated as needed reflect any changes in the list of Acceptable materials (Exhibit 11).
20.11 Edible Food Recovery Support . Contractor shall annually provide City with a list of Tier One and Tier Two Commercial Edible Food Generators located in the City. Upon request from Contractor, City shall use reasonable efforts without incurring significant additional costs to cooperate and consider methods for collecting information from Customers and sharing such information with Contractor in an effort to assist Contractor with identifying the Tier One and Tier Two commercial Edible Food generators within the City.
20.12 Programs and Services . Contractor must provide additional educational and outreach services and programs as requested by City at a price to be mutually agreed upon between the Contractor and the Agreement Administrator. In the event Contractor and the Agreement Administrator cannot reach a mutually agreed upon price for the requested service or program, City has the right to procure the service of other vendors or contractors to provide the requested service.
20.13 Operations Plans . Contractor must adhere to the Customer Service Plan included as Exhibit 6 and Collection Service Operations Plan included as Exhibit 7, the two of which present the specific Collection programs that will be implemented in the City.
20.14 Route Audits / Route Reviews.
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20.14.1 General Requirement. At least once annually, beginning in 2025, Contractor or its approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to review per Hauler Route shall be calculated on the basis of the number of Garbage accounts provided service by a specific Hauler Route for one week. For example, “Route A” collects Garbage from 250 accounts, 4 days per week , for a total of 1,000 accounts per week; include a minimum of 25 accounts for Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the following minimum number of Containers but may inspect more if Contractor deems necessary; and shall inspect all Containers placed for Collection (including Recyclable Materials Containers, Organic Waste Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing the contents but shall not require Contractor to disturb the contents or open any bags. Contractor may select the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its next regularly scheduled report to City.
Route Size (# garbage accounts /
week)
Minimum Number of Accounts
Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
20.14.2 Notice of Contamination. Contamination noticing will follow the procedures described in Section 5.08.
Article 21. Emergency Service
21.01 Revised Services During an Emergency. In the event of a major storm, earthquake, fire, flood, tornado, other natural or man -made disaster, or other such emergency event (collectively “Emergency Event), Contractor will continue to provide Solid Waste Collection to the maximum extent practicable, and in accordance with FEMA’s Public Assistance Debris Management Guide (FEMA -325).
The Agreement Administrator may grant the Contractor a variance from regular routes and schedules, which will not be withheld unreasonably. As soon as practicable after s uch Emergency Event, Contractor must advise the Agreement Administrator when it is anticipated that normal routes and schedules can be resumed. The Agreement Administrator will try through the local news media to inform the public when regular services may be resumed. The clean-up from some Emergency Events may require that Contractor hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the event. If Contractor secures written au thorization and approval from City through the Agreement Administrator, Contractor will receive additional compensation above the normal compensation contained in this Agreement to cover the costs of rental equipment, additional personnel, overtime hours, and other documented expenses based on the rates set forth in Exhibit 1. City will be given equal priority and access to resources as with other franchise jurisdictions held by Contractor or its affiliates.
21.02 Emergency Event Planning. Within sixty (60) days from a request by City, Contractor shall prepare a draft Emergency Event plan that sets forth procedures for maintaining regular Collection service and Collection of debris following an Emergency Event and provide a framework for how the City will respond, clear, remove , and dispose of debris generated during a disaster . The Emergency Event plan shall address arrangements to provide needed vehicles and personnel, priorities for clean -up at critical facilities, and procedures for reimb ursement for costs; it shall also describe communication plans, list key contact persons, and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill. Contractor shall coordinate the plan with City’s Public Works Department . The draft plan shall be presented to the City Manager for consideration and approval. The final plan shall be distributed to those employees of Contractor and City who would have a role in implementing upon the occurrence of an Emergency Event.
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21.03 Emergency Event Recovery Support . In the event of a n Emergency Event , Contractor agrees to provide recovery support upon request by Agreement Administrator. This may include additional hauling of debris, special handling such as wrapping waste in plastic (i.e., “ burrito wrapping”), temporary storage of debris where feasible, additional disposal, use of different transfer and disposal facilities, and documentation of debris type, weight, and Diversion. Contractor should follow protocol laid out in the County’s Operational Area Mass Debris Management Plan (Annex to the Operational Area Emergency Response Plan) and any subsequent County or City Disaster Debris Plans, as applied to Solid Waste hauling and handling.
Article 22. Record Keeping and Reporting Requirements
22.01 Record Keeping. Notwithstanding Article 47 herein:
22.01.1 Accounting Records. Contractor must maintain full, complete , and separate financial, statistical, and accounting records pertaining to cash, billing, and provisions of all Collection Services, prepared on an accrual basis in accordance with generally accepted accounting principles.
Such records will be subject to audit, copy, and inspection for the purposes set forth in Section 17.01.
Gross Revenues derived from provision of the Collection Services, whether such services are performed by Contractor or by a subcontractor or subcontractors, will be recorded as revenues in the accounts of Contractor. The Contractor shall keep and preserve, during the Term of this Agreement, and for a period of not less than four (4) years following expiration or other termination hereof, full, complete, and accurate records, including all cash, billing , and disposal records, as indicated in the Agreement.
22.01.1.1 City reserves the right to request audited, reviewed, or compiled financial statements prepared by an independent Certified Public Accountant , including any associated footnotes, or as may be provided by Contractor or its parent company. In the event that Contractor does not maintain separate financial or accounting records prepared specifically for services provided under this Agreement, Contractor may use industry standard allocation methods to provide financial information as applicable to the service provided under this Agreement. Failure of Contractor to provide requested financial statements to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5.
22.01.2 Agreement Materials Records. Contractor must maintain records of the quantities of (i) Residential , MFD, and Commercial Solid Waste Collected and Disposed under the terms of this Agreement, (ii) Recyclable Materials, by type, Collected, purchased, processed, sold, donated, or given for no compensation under the terms of this Agreement, and (iii) Organic Waste by type, Collected, purchased, processed, sold, donated , or given for no compensation under the terms of this Agreement . Records must be provided to City as specified in Article 20, and upon additional request.
22.01.3 Other Records. Contractor must maintain all other records reasonably related to provision of Collection Services, whether or not specified in this Agreement, and provide them upon City request. Failure of Contractor to submit requested records to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5.
22.01.4 Failure to Report. The refusal of Contractor to file any of the reports required in the timelines required , or the inclusion of any materially false or misleading statement or representation made knowingly by Contractor in such report, shall be deemed a material breach of this Agreement and shall subject Contractor to all remedies, legal or equitable, which ar e available to City under this Agreement or otherwise.
22.01.5 Report Format. All reports to be submitted in a form and format approved by the City, including electronic data submission.
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22.02 Online Waste Reporting Sys tem. Contractor shall reimburse City $35,000 for the cost of the annual renewal of a license for database and reporting software (e.g., Recyclist) for purposes of meeting SB 1383 reporting requirements. This dollar amount shall increase annually by the CPI Adjustment Calculation in Section 6.02.1. Contractor agrees tha t all City -related data processed, maintained, or reported through such system shall be readily accessible to, and owned by, City.
22.03 Vehicle GPS and Camera Data. Upon City’s request, Contracto r shall make available stored vehicle GPS and on-board camera data for City’s review.
22.04 Quarterly Reporting.
22.04.1 General. Quarterly reports must be submitted no later than 5 p.m. PT on the last day of the month following the end of Quarter in which the receipts are collected, and must be provided electronically using software acceptable to the City. If the last day of the month falls on a day that City is closed or on a Holiday, then the report will be due on the next Business Day. Failure to submit complete quarterly reporting by the due date may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5.
22.04.2 City Reports. Quarterly reports to City must include:
22.04.2.1 Franchised Tonnage and Service Data. Contractor must provide a full-service list, with the following indicated for each Customer: number of contracted Collections for that Quarter (Collections that were scheduled to take place), and number of actual Collections completed during that Quarter (Collections that took place, not including non -collections or missed Collections). Contractor must also report the number of unique SFD and MFD accounts serviced; the number of unique Commercial and City accounts serviced; tonnage of Garbage, Recyclable Materials, and Organic Waste Collected and processed for Diversion, broken down by Container type. Quantities should be broken down by SFD, MFD, Commercial, and City Services.
22.04.2.2 Overweight Vehicle Reporting. The quarterly report must include a summary total of all instances of overweight Collection Vehicles. This summary must include the number of overweight vehicle instances expressed as a percentage of the total number of Collection Vehicle loads transported during the reported Quarter.
22.04.2.3 Non-Collection. The quarterly report must include a list of all Non- Collection occurrences that took place during that Quarter. It must include the full list of Service Units that experienced Non-Collection, indicate the date of and reason for each Non-Collection incident, and indicate whether a Non-Collection Notice was issued, and in what format it was issued.
22.04.2.4 On-hold. The quarterly report must include each Service Unit that was not billed in the previous Quarter.
22.04.2.5 Collection Overage Charges. The quarterly report must include each Service Unit incurring a charge for a Solid Waste Overage in the previous Quarter.
22.04.2.6 Contamination Reporting. To the extent required by Applicable Law, the quarterly report must include a summary of all instances of qualifying Contamination under the procedures in Section 5.09. This summary must include the total number of accounts where Contamination occurred, the total number of Contamination Violation Notices issued by Contractor to Service Recipients, a list of accounts where such notices occurred, the total number of instances where Collection C ontainer size or Collection frequency was increased specifically due to Contamination, a list of accounts that were charged Contamination fees, and a list of accounts for which the Collection Container size or Collection frequency was increased specifically due to Contamination. Within twenty (20) Workdays of request by City, Contractor will provide copies of the Contamination Vi olation Notices and the digital documentation of Contamination.
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22.04.2.7 Service Recipient Complaint Log. The quarterly report must include the Service Recipient complaint log Collected from the previous Quarter.
22.04.2.8 Reports to City on Customers discovered to be out of compliance with the SB 1383 Regulations, including a list of the Customers, the type of violation (including not donating Edible Food, not providing Containers for Customer use, and other compliance violations), actions taken to educate those Customers, and contact information for those Customers. Such reports shall be provided quarterly or as required by City.
22.04.2.9 List of Programs Utilized. The quarterly report must include a list of all the waste Diversion and reduction programs, as well as other Solid Waste Collections programs, utilized by City residents, with the number of residents per program indicated when known. This report should also include the number of Kitchen Food Waste Pails distributed to residents within the Quarter.
22.04.2.10 Abandoned Waste Reporting. The quarterly report must include a list of the times Contractor provided Abandoned Waste Removal Service to the City , including the dates, the locations of each service, and the amount of material Collected during each incident.
22.05 Annual Reporting.
22.05.1 General. An a nnual report must be submitted no later than 5 p.m. PT on March 31st Annual reports must be submitted electronically in software acceptable to the City. Failure to submit complete annual reporting by the due date may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5. Annual reports to City must include:
22.05.1.1 Financial Statements. Contractor must submit annual financial statements for the local operation. Statements need not be reviewed or audited statements.
22.05.1.2 Annual Sustainability and Compliance Report. Contractor must complete and submit data sections within their Sustainability and Compliance Plan to document education and outreach conducted, public event participation, school visits, compliance notices mailed, site visits, waste audits completed, information distributed, and media used, and community events hosted. This must include public education activities undertaken during the year, including distribution of bill inserts, Collection notification tags, community information and events, tours , and other activities related to the provision of Collection Services, and must discuss the impact of these activities on Recycling program participation and include amounts Collected from SFD, MFD, Commercial, and City Service Units. The report should include a complete list of all non-exempt commercial accounts, which includes each non-exempt account’s status as a “covered generator” under AB 341, AB 1826 , and SB 1383 ; the date and status of Contractor’s outreach efforts at each non-exempt account; and the current level of Recyclable Materials and Organic Waste program participation at each non-exempt account.
22.05.1.3 Solid Waste Data. The number of SFD , MFD, Commercial, and City Service Units, and the number of Collection Containers distributed by size and Service Unit type.
22.05.1.4 Recyclable Materials Data. Gross tons Collected daily on average by material type by route for SFD, MFD, Commercial, and City Recyclable Materials service , with map of routes. The average participation rates by Quarter relative to the total number of Service Units by Service Unit type Indicate number of Recyclable Materials Collection Containers distributed by size and Service Unit type.
22.05.1.5 Organic Waste Data. Include average daily gross tons Collected by route, separated by Green Waste and Food Waste when data is available , with map of routes . Include the total number of generators that receive each type of Organic Waste Collection Service provided by the Contractor. Indicate average daily number of setouts by route. Indicate average participation rates relative 110
to the total number of Service Units in terms of weekly set -out counts. Indicate number of Organic Waste Collection Containers distributed by size and Service Unit type.
22.05.1.6 Customer Service Log. A copy of the customer service log, including a summary of the type and number of complaints and their resolution. Include copies of a written record of all calls related to missed pickups and responses to such calls.
22.05.1.7 Customer Service Information Sheet. A copy of Contractor’s most recent Customer Service Information Sheet (i.e., customer call center “cheat sheet”) for the City or the equivalent information used by customer service representatives.
22.05.1.8 Overweight Vehicle Data. A summary of all instances of overweight Collection Vehicle s. This summary must also include the number of overweight vehicle instances as a percentage of the total number of Collection Vehicle loads transported during the Calendar Year.
22.05.1.9 Summary Narrative. A summary narrative of problems encountered with Collection activities and actions taken. Indicate type and number of Non -Collection Notices left at Service Recipient locations. Indicate instances of property damage or injury, significant changes in operation, market factors, publicity conducted, and needs for publicity. Include description of processed material loads rejected for sale, reason for rejection, and Disposition of load after rejection.
22.05.1.10 Collection Container and Vehicle Inventory. An updated complete inventory of Collection Containers by type and size , and an updated complete inventory of Collection Vehicles, including for each vehicle: truck number, route number, date purchased, vehicle type, tare weight, license plate number, fuel type, vehicle make and model, and vehicle safety records.
22.05.1.11 Diversion Rate. Contractor must provide documentation acceptable to City stating and supporting the Calendar Year’s Franchise Diversion Rate, as calculated in accordance with the provisions of Article 8. Any tonnages Diverted and Disposed from large venues and events during the reporting period will be counted towards the calculated Diversion rate.
22.05.1.12 AB 341 , AB 1826, and SB 1383 Compliance Data. Contractor must report the total number of Commercial and MFD Service Units serviced , as well as the number of Containers, Container sizes, and frequency of Collection for Garbage, Recyclable Materials, and Organic Waste for each non-exempt Commercial and MFD Service Unit. Contractor must also provide the following information separately for both AB 341 and AB 1826:
A. The total number of non-exempt Commercial and MFD Service Units that fall under the AB 341 or AB 1826 thresholds, and the total number of those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service.
B. A summary of the type of follow-up outreach that was provided to those non-exempt Commercial and MFD Service Units that are not subscribed to Commercial or MFD Recyclable Materials Collection Service or Commercial or MFD Organic Waste Collection Service.
22.05.1.13 Contractor shall provide proof of training records for Service Recipient personnel, emergency procedures, Customer Service Courtesy, and how to recognize Illicit Discharges and stormwater pollution sources.
22.05.1.14 A list of all recommended waivers for that Calendar Year , including copies of the waiver request form and other supporting documentation (may be provided electronically or over a web page), in accordance with Section 20.07. 111
A. A list of the Tier One and Tier Two generators, in accordance with Section 20.11.
B. For Route Reviews and Compliance Reviews:
(i) The date the review was conducted.
(ii) The name and title of each person conducting the review. (iii) A list of the account names and addresses covered by the review.
(iv) For Route Reviews, a description of each Hauler Route reviewed, and a general description of the Hauler Route area. (v) For Route Reviews, the results of such review (i.e. , the addresses where any Prohibited Container Contaminants were found) and any photographs taken. (vi) For Compliance Reviews, the results of such review (i.e., Contractor’s findings as to whether the Customers reviewed are subscribed for Organic Waste Collection service, have an applicable waiver, or neither) and any relevant evidence supporting such findings (e.g. , account records).
(vii) Copies of any educational materials issued pursuant to such reviews.
22.05.1.15 Documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise:
A. Copies of the form of each notice issued to Customers for Prohibited Container Contaminants, as well as, for each such form, a list of the Customers to which such notice was issued, the date of issuance, the Customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons).
B. The number of times notices were issued to Customers for Prohibited Container Contaminants.
C. The number of Containers where the contents were Disposed due to observation of Prohibited Container Contaminants.
22.06 Diversion Calculation and Data. By 5 :00 p.m. PT on March 31 and annually thereafter during the Term of this Agreement , Contractor must deliver to City, in the format specified by City, the Calendar Year’s Franchised Diversion Rate, as calculated in accordance with the provisions of Article 8.
Any tonnages Diverted and Disposed from large venues and events during the reporting period will be counted towards the calculated Diversion rate.
22.07 CalRecycle Reports. Contractor will provide reasonable assistance to City in preparing annual reports to CalRecycle (the “Electronic Annual Report” or EAR), including but not limited to supplying required data for preparation of the reports, and completing all required data input.
22.07.1 Online Waste Reporting System and Implementation Record. Contractor shall maintain and keep up -to-date the Online Waste Reporting System with all data necessary to meet the requirements of the SB 1383 regulations and CalRecycle, including all records necessary to fill out the Electronic Annual Report . Contractor shall also be responsible for assisting the City with maintaining the portions of the Online Waste Reporting System records that feed into the City’s SB 112
1383 Implementation Record. Contractor shall not be solely responsible for maintaining the City’s SB 1383 Implementation Record, but Contractor shall be solely responsible for maintaining the portions of the Online Waste Reporting System that involve data and knowledge generated by, and programs administered by, the Contractor. Additionally , Contractor shall be responsible for requesting , at least annually, information from the City for City-related activities and activities undertaken be third parties, such as data regarding recovered Organic Waste procurement, recycled paper procurement, and outreach and education, and Contractor shall further be responsible for adding such information to the Online Waste Reporting System if and when it has been provided by the City . In the event that the City generates data or receives data from a third party that the City wishes to include in the Online Waste Reporting System, City shall be responsible for either sending that data to Contractor or adding that data to the Online Waste Reporting System without Contractor assistance.
22.07.1.1 Data Exports from Recyclist. At least t wice per Calendar Year , upon request from City, Contractor shall provide a full and complete data export of the City’s Implementation Record data and/or other reports from Recyclist in a format approved by City. Contractor shall provide these reports within eight () Workdays of a request from City. In the event that the City is notified of an upcoming review of the City’s Implementation Record by CalRecycle, Contractor and City will work together to update the Online Waste Reporting System and produce a full and complete updated export of all requested data as quickly as possible in order to meet any relevant deadline.
22.07.2 In the event that CalRecycle requires City to report an Implementation Schedule and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, SB 1594, and/or other Applicable Laws , Contractor will provide assistance to City in preparing a report , including Contractor’s policies and procedures related to compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and how Recyclable Materials or Organic Waste are Collected; a description of the geographic area, routes, list of addresses served, and a method for tracking Contamination; copies of route audits, copies of notice of Contamination; copies of notices, violations, education , and enforcement actions issued ; and copies of educational materials, flyers, brochures, newsletters, website, and social media.
22.08 Additional Reporting. Contractor must furnish City with any additional reports as may reasonably be required, and such reports are to be prepared within a reasonable time following the reporting period.
Article 23. Nondiscrimination
23.01 Nondiscrimination. In the performance of all work and services under this Agreement, Contractor may not discriminate against any person based on such person’s race, sex, gender, gender identity, color, national origin, religion, marital status, or sexual orientation. Contractor must comply with all Applicable Laws regarding nondiscrimination, including those prohibiting discrimination in employment.
Article 24. Service Inquiries and Complaints
24.01 Contractor’s Customer Service . All service inquiries and complaints will be directed to Contractor. A representative of Contractor must be available to receive the complaints during normal business hours. Customer Service training shall include Service Recipient courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. All service complaints will be handled by Contractor in a prompt and efficient manner.
All cases must be addressed and resolved within three (3) Workdays. In the case of a dispute between Contractor and a Service Recipient, the matter will be reviewed, and a decision made , by the Agreement Administrator.
24.01.1 Contractor will utilize the Customer Service Log to maintain a record of all inquiries and complaints in a manner prescribed by City. 113
24.01.2 For those complaints related to missed Collections , where Containers are properly set out in a timely manner, that are received by 12:00 p.m. (noon) on a Workday, Contractor will return to the Service Unit address and Collect the missed materials before leaving the Service Area for the day. For those complaints related to missed Collections that are received after 12:00 p.m. (noon) on a Workday, Contractor will have until the end of the following Workday to resolve the complaint. For those complaints related to repair or replacement of Collection Containers , the appropriate Sections of this Agreement will apply.
24.01.3 Contractor agrees that it is in the best interest of City that all Garbage, Recyclable Materials, and Organic Waste be Collected on the scheduled Collection day. Accordingly, missed Collections will normally be Collected as set forth above regardless of the reason that the Collection was missed. However, in the event a Service Recipient requests missed Collection service more than two (2) times in any consecutive two (2) month period , the Agreement Administrator will work with Contractor to determine an app ropriate resolution to that situation. In the event Contractor believes any complaint to be without merit, Contractor will notify the Agreement Administrator by email.
The Agreement Administrator will investigate all disputed complaints and render a decision.
24.01.4 Contractor’s service and emergency telephone numbers must be accessible by a local (City) phone number or toll-free number. The service telephone number(s) must be listed in the area’s telephone directories under Contractor’s name in the White Pages , available through an online search, and listed on the Contractor’s website.
24.02 Contractor shall record and catalog all Customer email addresses alongside Customer names and mailing addresses , such that Contractor can more easily and quickly send out updates and announcements as needed. Contractor shall cooperate with City to send out via email any service-related updates and announcements City may deem necessary.
Article 25. Quality of Performance of Contractor
25.01 Intent. Contractor acknowledges and agrees that one of City’s primary goals in entering into this Agreement is to ensure that the Solid Waste Collection is of the highest caliber, that Service Recipient satisfaction remains at the highest level, that maximum Diversion levels are achieved, and that materials Collected are put to the highest and best use to the maximum extent possible.
25.02 Administrative Charges and Penalties. Quality performance by the Contractor is of primary importance. In acknowledgement of this, Contractor agrees to pay City Administrative Charges and Penalties as detailed in Exhibit 4 should Contractor fail to meet its responsibilities under this Agreement.
Should Contractor be in breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public will necessarily suffer damages and that such damages, from the nature of the default in performance, will be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impos sible, to reasonably ascertain the extent of damages which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termina tion of this Agreement for such breaches, and oth er remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. The parties further acknowledge that consistent, reliable collection services are of utmost importance to City and that City has considered and relied on Contractor’s representations regarding its quality -of-service commitment in awarding this Agreement. T he parties recognize that some quantified standards of performance are necessary and appropriate to ensure 114
consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner, then City and Suisun City residents and businesses will s uffer damages, and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer.
25.03 Procedure for Review of Administrative Charges. The Agreement Administrator may assess Administrative Charges and Penalties as specified in Exhibit 4 pursuant to this Agreement quarterly.
At the end of each Quarter during the Term of this Agreement , the Agreement Administrator will issue a written notice to Contractor (“Notice of Assessment”) of the Administrative Charges and Penalties assessed, if any, and the basis for each assessment. All Administrative Charges and Penalties sought by the City under this Agreement shall be included in each such quarterly report or they shall be deemed waived for that quarter.
25.03.1 The assessment will become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made.
25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the City Manager as soon as reasonably possible after timely receipt of Contractor’s request.
25.03.3 The City Manager will review Contractor’s evidence and render a decision sustaining or reversing the Administrative Charges and Penalties as soon as reasonably possible after the meeting. Written notice of the decision will be provided to Contractor.
25.03.4 In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator ’s determination will be final.
25.03.5 City’s assessment or collection of Administrative Charges and Penalties will not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure to perform the work and services in the manner set forth in this Agreement.
25.04 Uncontrollable Circumstances.
25.04.1 If either party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, other natural or man-made disasters, the threat of such natural or man-made disasters, pandemics (or threat of same), quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts or other labor disturbances, acts of government or governmental restraint, or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected party will be excused from performance hereunder during the period of such disability.
25.04.2 The party claiming excuse from performance must promptly notify the other party when it learns of the existence of such cause , including the facts constituting such cause, and when such cause has terminated.
25.04.3 The interruption or discontinuance of services by a party caused by circumstances outside of its control will not constitute a default under this Agreement.
25.05 Labor Disputes.
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25.05.1 Labor Unrest Directed at Third Party. In the event that labor unrest or job action by Contractor’s employees directed at a third party over whom Contractor has no control, Contractor’s performance shall be excused to the strictly limited extent such labor unrest or job action actually prevents Contractor from (i) reasonably providing for the safety of Contractor's employees while providing such services; or (ii) making reasonable alterations to to container placement and point of delivery, time of collection, or other operating circumstances that would minimize any confrontation with pickets or the number of persons necessary to make collections The foregoing excuse shall be conditioned on Contractor’s cooperation in performing collection services at different times and in different locations.
25.05.2 Contractor Labor Disruptions.
a. Contractor shall advise City in writing at the time any negotiations are undertaken between Contractor and Solano Garbage Company Employees relating to wages and benefits, and Contractor shall regularly report the status of such negotiations from time to time including any pending strike, lock out, walk out, boycott, or other labor dispute to City. Contractor shall notify City within 24 hours of Contractor’s recept of notice from a labor union of a possible work stoppage.
b. In the event that Contractor’s services under this Agreement are disrupted due to a labor dispute with Solano Garbage Company Employees, Contractor shall immediately notify City of the disruption and shall, within 48 hours of such disruption place 40 -yard roll -off boxes or other containers of equivalent capacity at locations designated by City to serve as collection points for customers use.
Contractor shall, with City’s approval specify distribution locations, and create a schedule for collection of solid waste from such locations .
Containers shall be collected by Contractor for no additional charge as necessary to accommodate the waste volume disposed in such containers.
c. In the event of a strike, lockout and other labor disturbance involving Solano Garbage Company employees that causes Contractor to be unable to collect waste from residential or commercial customers within one week of the schedule collection date, Contract or shall meet and confer with the City within one week of the conclusion of the work stoppage, in good faith to provide accommodations and/or credits to customers whose collection services were disrupted during the strike or other labor action. Any such ac commodation or credit will be determined based on the type of account each customer holds, which can be residential, commercial, or industrial. These accommodations and/or credit shall include, without limitation, a formula -based credit taking into account the value of missed collection services for residential customers (not inclusive of disposal/processing expenses and franchise fees), Contractor will review Commercial and Industrial customers on a case -by-case basis to confirm the extent of missed services, Contractor reimbursement to the City for documented, reasonable expenses incurred during the work stoppage, and/or the provision of additional services or community partnership opportunities to compensate the City for strike-related impacts.
25.05.3 Collection During Labor Disruption . Contractor shall prioritize those collection activities it is able to perform during the pendency of the labor disruption, with hospitals, essential services, restaurants , and ot her six services days per week customers prioritized for collection on the basis of health and sanitation . With seventy-two (72) hours after a work stoppage 116
commences, the Contractor shall provide additional resources from outside the Service Area. These resources will range from third -party vendors to other Republic Services resources from around the country. These resources will perform collection services until normal collection services resume. The Contractor will establish daily communications with the City to review and evaluate service restoration progress. If five business days after Contractor deploys its additional resources, the City is not satisfied with the performance of Republic Services’ third party vendors and/or additional resources, City shall provide forty-eight (48) hour written notice to Contractor that City will temporarily contract with other providers or use City employees, to supplement the collection of solid waste throughout the city or in those neighborhoods in the city not receiving adequate solid waste pickup services. The City and Contractor shall promptly meet and confer on the City’s proposed use of a third -party contractor or City personnel to provide supplemental collection services, so that Contractor can provide input and/or concurrence on the City’s plans or, alternatively, provide assurances that Contractor can satisfactorily provide collection services as requested by the C ity. If the Contractor does not provide sufficient assurances to the City that collection service(s) will be immediately resumed, the City may temporarily contract with other providers and/or use city employees to resume solid waste collection services. In addition to the reimbursement of City cost s incurred in section 25.05.2.c. above, Contractor shall reimburse City for its documented, reasonable costs incurred contracting with temporary third -party providers or the use of City employees, to supplement the collection of solid waste throughout the city or in those neighborhoods i n the city not receiving adequate solid waste pickup services during the work stoppage. The Contractor shall notify the City the following business day when the labor disruption has been resolved. Contractor will resume regularly scheduled collection services the following business day.
Article 26. Performance Bond
26.01 Performance Bond. Within ten (10) Business Days from the date the City Council approves this Agreement, Contractor must furnish to City, and keep current, a performance bond, or irrevocable letter of credit (hereinafter collectively “Performance Bond”), issued or drawn upon a surety, bank , or financial institution reasonably acceptable to City and in a form acceptable to the City Attorney, for the faithful performance of this Agreement and all obligations arising hereunder in an amount as follows:
26.01.1 From July 1, 2025, and so long as this Agreement or any extension thereof remains in force, Contractor must maintain a performance bond in the amount of one million dollars ($1,000,000).
26.01.1.1 The performance bond must be executed by a surety company licensed to do business in the State of California; having an “A-" or better rating by A. M. Best or Standard and Poor’s; and included on the list of surety companies approved by the Treasurer of the United States.
26.01.1.2 In the event City draws on the bond, all of City’s costs of collection and enforcement of the Bond, including reasonable attorney’s fees and costs, must be paid by Contractor.
26.01.1.3 The Performance Bond must be renewed annually for the entire Term of the Agreement, and evidence must be provided to City annually.
26.01.1.4 In the event Contractor shall for any reason (except as otherwise provided in this Agreement) become unable, or fail in any way, to perform as required by this Agreement, City may declare a portion or all of the Performance Bond, as may be necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the Performance Bond, Contractor shall restore the Performance Bond to its original amount within thirty (30) days of the City’s notice to do so.
Failure to restore the Performance to its full amount within thirty (30) days shall be a material breach of this Agreement.
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Article 27. Insurance
27.01 Insurance Policies. Contractor must secure and maintain , throughout the Term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Contractor’s performance of work or services under this Contract. Contractor’s performance of work or services includes performance by Contractor’s employees, agents, representatives, and subcontractors.
27.02 Minimum Insurance Requirements.
27.02.1 General Liability Insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage . The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
27.02.2 Automobile Liability Insurance . Contractor shall maintain automobile insurance at least as b road as Insurance Services Office Form CA 00 01 , covering bodily injury and property damages for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement , including any owned, hired, non -owned, or rented vehicles , in an amount not less than $10,000,000 combined single limit for each accident.
27.02.3 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” as opposed to “reimbursement”;
• Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wor ding that the excess liability policy follows the terms and conditions of the underlying policies.
27.02.4 Workers’ Compensation and Employers Liability: Contractor shall obtain and maintain Workers’ Compensation insurance with limits as required by the California Labor Code, and Employers Liability insurance with limits of $5,000,000 per accident. Contractor shall submit to City, along with the certificate of insurance, a blanket-form Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
27.02.5 Contractor’s Pollution Liability: Contractor’s Pollution liability insurance coverage shall be in an amount no less than ten million dollars ($10,000,000) per occurrence and in the aggregate. Coverage sh all be extended a minimum of three (3) years beyond the Term of the Agreement, and such insurance shall contain all standard extensions customary for such policy and shall cover prior acts.
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27.03 Insurance Provisions/Requirements.
27.03.1 Additional Insured Status . General liability, automobile liability, and umbrella/excess liability insurance policies shall be endorsed via blanket-form endorsement to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
27.03.2 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits , or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be a ll inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimum shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
27.03.3 Self-Insured Retentions . Any self -insured retentions shall be the sole responsibility of Contractor.
27.03.4 Primary/Non-Contributing. Coverage provided by Contractor shall be primary, and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall be endorsed via blanket-form endorsement to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City be fore the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
27.03.5 Proof of Insurance . Contractor shall provide an ACORD 25 certificate(s) of insurance and required blanket-form endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and blanket-form endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the Agreement period and any additional length of time required thereafter.
27.03.6 Duration of Coverage . Contractor shall procure and maintain for the Agreement period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, or employees.
27.03.7 City’s Rights of Enforcement . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
27.03.8 Acceptable Insurers. All insurance policies shall be issued by an insurance company that is currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
27.03.9 Waiver of Subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed via blanket -form endorsement to waive subrogation 119
against City, its elected or appointed officers, agents, officials, employees, and volunteers , or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require simil ar written express waivers and insurance clauses from each of its subcontractors.
27.03.10 Enforcement of Contract Provisions ( Non-Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City , nor does it waive any rights hereunder.
27.03.11 Notice of Cancellation . Contractor ’s insurers or the insurers’ authorized representative shall provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such noti ce (workers’ compensation and umbrella excluded), then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor’s fai lure to renew any of the required insurance coverages or in the event of insurer’s cancellation or non-renewal.
27.03.12 Prohibition of Undisclosed Coverage Limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of by the City in writing.
27.03.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds , ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
27.03.14 Pass-Through Clause . Contractor agrees to ensure that its subconsultants, subcontractors, and any other part ies who are brought onto or involved in the project/service by Contractor (hereinafter collectively “subcontractor”) provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and ass umes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the City, Contractor shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve the Contractor of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this agreement given the limited scope of work or services provided by the subcontractor. Contr actor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to City for review.
27.03.15 City’s Rights to Revise Specifications . The City reserves the right at any time during the Term of the Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contrac tor’s compensation.
27.03.16 Timely Notice of Claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 120
27.03.17 Additional Insurance . Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
27.03.18 Certificates of insurance must be emailed to the Agreement Administrator, and also mailed to the following address, or any subsequent address as may be directed by the City.
City of Suisun City
City Hall
701 Civic Center Blvd.
Suisun City, CA 94585
Attn: _________________
27.04 Subcontractors. Subcontractors must obtain separate certificates and endorsements.
27.05 Modification of Insurance Requirements. The insurance requirements provided in this Agreement may be modified or waived by City’s risk manager, in writing, upon the request of Contractor, if City’s risk manager determines such modification or waiver is in the best interest of City, considering all relevant factors, including exposure to City.
27.06 Rights of Subrogation. All required insurance policies must preclude any underwriter’s rights of recovery or subrogation against City with respect to matters related to Contractor’s performance of its obligations under this Agreement, with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above-described insurance via blanket -form end orsement. Contractor must ensure that any companies issuing in surance to cover the requirements contained in this Agreement agree that they will have no recourse against City for payment or assessments in any form on any policy of insurance. The clauses ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which City is named as an additional insured will not apply to City.
27.07 Failure to maintain insurance. Should Contractor fail to obtain or maintain insurance as required by this Agreement, Contractor shall have seven (7) days to cure the defect, during which time City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire replacement waste hauler services to perform Contractor’s tasks until insurance coverage is resumed; or (ii) obtain replacement insurance coverage during said cure period. Should Contractor fail to correct this defect, City shall have the option to terminate this Agreement immediately.
Article 28. Hold Harmless and Indemnification
28.01 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall indemnify, defend with counsel approved by the City, and hold City, its elected and appointed officials, officers, agents, employees , independent contractors serving in the role of city officials, and volunteers (collectively “City Indemnitees”) harmless from and against any and all liabilities, including but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries , expenses, and/or costs (including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of every nature (collectively, “Claims”) of Contractor and its employees, contractors, and subcontractors arising out of Contractor’s performance of this Agreement, except to the extent such Claims arising from the City’s negligence or willful misconduct, and excluding Contractor’s Claims against City under this Agreement for compensation or breach of the Agreement.
28.02 Defense and Indemnity of Third -Party Claims/Liability. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City Indemnitees from and against any and all liabilities, including but not limited to all Claims to the extent arising out of or in connection with the negligent actions or omissions of Contractor and its employees, agents, contractors, and subcontractors in the performance of work hereunder or its failure to comply with any of its obligations contained in the 121
Agreement, except to the extent such loss or damage is caused by the considerable negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay City any final judgment rendered against any of the City Indemnitees with respect to any liabilities or claims covered by this Section. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
28.02.1 However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the negligence of City, provided such negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been negligent and where City’s negligence accounts for only an insignificant percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the negligence of City.
28.03 Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this Section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Article 27.
28.04 Diversion Indemnification . Subject to the requirements of Public Resources Code § 40059.1, which will control in the event of any conflict with the provisions of this Section, Contractor agrees to protect and defend City Indemnitees with counsel selected by Contractor and approved by City, to pay all reasonable attorneys’ fees, and to indemnify , defend, and hold City Indemnitees harmless from and against all fines or penalties imposed by the California Integrated Waste Management Board if the Diversion goals specified in California Public Resources Code § 41780, as it may be amended, are not met by City with respect to the Materials Collected by Contractor and if the lack in meeting such goals is attributable to the failure of Contractor to implement and operate the Recycling or Diversion programs or undertake the related activities required by this Agreement. In the event CalRecycle provides an administrative process to challenge the imposition of a compliance order or a fine or fines, Contractor will be res ponsible for engaging any consultants or attorneys necessary to represent City in any challenge. Contractor will be responsible for the retention of and payment to any consultants engaged to perform waste generation studies ( Diversion and Disposal). All consultants and attorneys engaged hereunder are subject to the agreement of City and Contractor.
28.05 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend (with counsel reasonably approved by City), protect, and hold harmless the City Indemnitees from and against any and all claims of any kind whatsoever paid, suffered , or incurred by or against the City Indemnitees resulting from any repair, clean -up, removal action, or response action undertaken pursuant to CERCLA, the Health & Safety Code , or other similar Federal, State, or local law or regulation, with respect to Solid Waste or Household Hazardous Waste Collected and Disposed of by Contractor, but not with respect to Exempt Waste , which is expressly excluded from this Agreement and for which Contractor has no obligations, and excluding claims relating in any way to the closure, post -closure, cleanup, response, investigation, or remediation of the Disposal Facility. The foregoing indemnity is intended to operate as an agreement pursuant to § 10(e) of CERCLA and § 25364 of the Health & Safety Code to defend, protect, hold harmless, and indemnify the City Indemnitees from all forms of liability under CERCLA, the Health & Safety Code, or other similar Federal, State, or local law or regulation.
28.06 Proposition 218 Release. City intends to comply with all Applicable Law concerning the Maximum Service Rates provided under this Agreement or any other fees or charges related to this Agreement In the event that a third party challenges the Maximum Service Rates or any other fees or charges related to this Agreement as being in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserts that they are an invalid tax, assessment, or fee, Contractor agrees to release and hold harmless the City Indemnitees from and against any and all claims Contractor may have against the City 122
Indemnitees resulting therefrom. This Section will survive the expiration or termination of this Agreement for claims arising prior to the expiration or termination of this Agreement.
28.07 Employment & Labor Practices. Contractor shall indemnify, defend, and hold harmless City Indemnitees, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Contractor's personnel and labor practices, including failure to pay and comply with state or federal prevailing wage laws should such be applicable to Contractor’s personnel or labor practices or to one or more of the services it provides pursuant to the Agreement. All duties of Contractor under this paragraph shall survive termination of this Agreement.
28.08 Consideration. It is specifically understood and agreed that the consideration inuring to Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights , and responsibilities contained in this Agreement.
28.09 Obligation. This Agreement obligates Contractor to comply with the foregoing indemnification and release provisions; however, the collateral obligation of providing insurance must also be complied with as set forth in this Agreement. The provision of insurance and the coverage limits therein shall not in any way be a limitation on Contractor’s indemnification and defense obligations.
28.10 Subcontractors. Contractor must require all subcontractors performing work in the City to enter into a contract containing the pr ovisions set forth in Article 27, in which contract the subcontractor fully indemnifies City in accordance with this Agreement.
28.11 Exception. Notwithstanding other provisions of this Agreement, Contractor’s obligation to indemnify, hold harmless, and defend City, its officers, and its employees will not extend to any loss, liability, penalty, damage, action , or suit arising or resulting solely from acts constituting active negligence, willful misconduct, or violation of law on the part of City, its officers, or its employees.
28.12 Damage by Contractor. If Contractor’s employees or subcontractors cause any injury, damage, or loss to City property, including but not limited to City streets or curbs, excluding normal wear and tear, Contractor must reimburse City for City’s cost of repairing or replacing such injury, damage , or loss. Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, damage, or loss. With the prior written approval of City, Contractor may repair the damage at Contractor’s sole cost and expense. Any injury, damage, or loss to private property caused by the negligent or willful acts or omissions of Contractor to private property must be repaired or replaced by Contractor at Contractor’s sole expense. Disputes between Contractor and its Service Recipients or private property owners as to damage to private property are civil matters , and complaints of damage will be referred to Contractor as a matter within its sole responsibility and as a matter within the scope of this Article.
Article 29. Default of Agreement
29.01 Termination. City may cancel this Agreement, except as otherwise provided below in this Section, by giving Contractor thirty (30) calendar days advance written notice, to be served as provided in this Agreement, upon the happening of any one of the following events:
29.01.1 Contractor takes the benefit of any present or future insolvency statute ; makes a general assignment for the benefit of creditors; files a voluntary petition in bankruptcy (court); files a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any State thereof; or consent s to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
29.01.2 By order or decree of a court, Contractor is adjudged bankrupt or an order is made approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws 123
or under any law or statute of the United States or of any State thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) calendar days after the entry thereof, any notice of default will be and become null, void, and of no effect, unless such stayed judgment or order is reinstated, in which case such default will be deemed immediate; or
29.01.3 By, pursuant to, or under the authority of any legislative act, resolution, or rule or any order or decree of any court or governmental board, agency , or officer having jurisdiction, a receiver, trustee, or liquidator takes possession or control of all or substantially all of the property of Contractor, and such possession or control continues in effect for a period of sixty (60) calendar days; or
29.01.4 Contractor has defaulted, by failing or refusing to pay in a timely manner the Administrative Charges and Penalties or other monies due City under this Agreement , and such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or
29.01.5 Contractor has defaulted by allowing any final judgment for the payment of money owed to City to stand against it unsatisfied and such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so; or
29.01.6 In the event that the monies due City is the subject of a judicial proceeding, Contractor will not be in default if the sum of money is bonded. All bonds must be in the form acceptable to the City Attorney; or
29.01.7 Contractor has defaulted, by failing or refusing to perform or observe any of the terms, conditions, or covenants in this Agreement , including, but not limited to, the maintenance of a performance bond in accordance with Article 26, or any of the rules and regulations promulgated by City pursuant thereto , or has wrongfully failed or refused to comply with the instructions of the Agreement Administrator relative thereto, and such default is not cured within thirty (30) calendar days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Contractor of written demand from City to do so, Contractor fails to commence the remedy of such default within such thirty (30) calendar days following such written notice or having so commenced fails thereafter to continue with diligence the curing thereof (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) calendar days, and (b) that it is proceeding with diligence to cure such defau lt, and such default will be cured within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for the failure of Contractor to provide Solid Waste Collection for a period of three (3) consecutive Workdays, City may secure Contractor's records on the fourth (4th) Workday in order to provide interim Solid Waste Collection until such time as the matter is resolved and Contractor is again able to perform pursuant to this Agreement; provided, however, if Contractor is unable for any reason or cause to resume performance at the end of thirty (30) calendar days , all liability of City under this Agreement to Contractor will cease and this Agreement may be terminated by City.
29.02 Violations. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this Article, in the event that Contractor's record of performance shows that Contractor has defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor three (3) or more times in any twenty -four (24) month period, and regardless of whether the Contractor has corrected each individual condition of default, Contractor will be deemed a "habitual violator", will be deemed to have waived the right to any further notice or grace period to correct, and all such defaults will be considered cumulative and collectively will constitute a condition of irredeemable default. City may thereupon issue Contractor a final warning citing the circumstances under which Contractor has become a “habitual violator” pursuant to this Section , and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of such cumulative defaults, will be grounds for immediate termination of the Agreement. In the event of any such subsequent default, City may terminate this Agreement upon giving of written final notice to Contractor, such cancellation to be effective upon the date specified in City's written notice to Contractor, and all contractual fees due hereunder plus 124
any and all charges and interest will be payable to such date, and Contractor will have no further rights hereunder. Immediately upon the specified date in such final notice , Contractor must cease any further performance under this Agreement.
29.03 Effective Date. In the event of any of the events specified above, and except as otherwise provided in such subsections, termination will be effective upon the date specified in City's written notice to Contractor, and upon such date this Agreement will be deemed immediately terminated and upon such termination, except for payment of services rendered up to and including the date of termination, all liability of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate with other contractors for the operation of interim and long-term Collection Services. Contractor must reimburse City for all direct and indirect costs of providing any interim Solid Waste Collection as a result of Contractor’s default in this Agreement.
29.04 Termination Cumulative. City’s right to terminate this Agreement is cumulative to any other rights and remedies provided by law or by this Agreement.
29.05 Alternative Service. Should Contractor, for any reason, except the occurrence or existence of any of the events or co nditions set forth in Section 25.04 (Uncontrollable Circumstances), refuse or be unable for a period of more than forty-eight (48) hours to Collect a material portion or all of the Solid Waste which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety , or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract.
City must provide twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise Collect pursuant to this Agreement for the duration of period during which Contractor is unable to provide such services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from which such substitute Solid Waste services are immediately available and must reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide Solid Waste Collection required by this Agreement.
29.06 Survival of Certain Contractor Obligation s. Notwithstanding the termination of this Agreement by Contractor or City, Contractor’s obligation to indemnify, defend , and hold City and City Indemnitees harmless as provided in this Agreement shall survive any termination of this Agreement .
Notwithstanding the termination of this Agreement by Contractor or City, such act shall not automatically invalidate or cancel any insurance policy, letter of credit, performance bond, or similar instruments provided by Contractor under this Agreement , and such policies , letters of credit, performance bonds , and other instruments shall remain in full force and effect for one (1) full year after termination.
Article 30. Modifications to the Agreement
30.01 City-Directed Change. City has the power to make changes in this Agreement to impose new rules and regulations on Contractor under this Agreement relative to the scope and methods of providing Collection Services, as may from time-to-time be necessary and desirable for the public welfare as long as such changes comply with Applicable Law . The size of Collection Containers specified herein for Bundled Service are designed to meet the requirements of Applicable Law, inclusive of the State’s Recycling mandates, including AB 341, AB 182 6, and SB 1383, and to be appropriate for the capabilities and capacities of available Materials Recovery Facilities and Organic Waste Processin g Facilities at the start of this Agreement. The capabilities and capacities of such facilities may change during the Term of this Agreement as such City reserves the right to redirect materials to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled Services in accordance with any such changes. City will give the Contractor notice of any proposed change, as well as an opportunity to be heard concerning those matters, and agrees to adjust Maximum Service Rate s to reasonably reflect additional costs borne by Contractor. The scope and method of providing Solid Waste Collection as referenced herein will be liberally 125
construed to include the procedures, operations , and obligations, financial or otherwise, of Contractor.
When such modifications are made to this Agreement, City and Contractor will negotiate in good faith a reasonable and appropriate compensation adjustment for any increase or decrease in the services or other obligations required of Contractor due to any modification in the Agreement under this Article. City and Contractor will not unreasonably withhold agreement to such compensation adjustment. Should agreement between City and Contractor on compensation adjustment not be reached within six (6) months of the change request, or other period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration as described in Section 30.03.
30.02 Change in Law. City and Contractor understand and agree that the California Legislature has the authority to make comprehensive changes in Solid Waste Handling legislation, and that these and other changes in Applicable Law in the future which mandate certain actions or programs for counties , municipalities, or Contractor may require changes or modifications in some of the terms, conditions, or obligations under this Agreement. Contractor agrees that the terms and provisions of the City Code, as it now exists or as it may be amended in the future (in a manner not inconsistent with this Agreement) , will apply to all of the provisions of this Agreement and the Service Recipients of Contractor located within the Service Area. In the event any future change in Applicable Law, inclusive of any change in Federal, State, or local law s or regulations or the City Code , that materially alters the obligations of Contractor, then Contractor shall be obl igated to, and hereby agrees to, undertake such new or modified servi ces or programs or take such other actions as may be necessary to comply with the Change in Law (“Modified Services”), provided that City and Contractor negotiate in good faith, a nd agree upon a reasonable and appropriate compensation adjustment for such Modified Services. City and Contractor will not unreasonably withhold agreement to such compensation adjustment. Should agreement between City and Contractor on compensation adjustment not be reached within six (6) months of the change request, or other period as agreed upon by both parties, City and Contractor agree to submit the compensation adjustment to binding arbitration as described in Section 30.03. Nothing contained in this Agreement will require any party to perform any act or function contrary to Applicable Law.
30.03 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty (20) days from the receipt of a request to arbitrate (or such longer period mutually agreed to by the parties), the parties are unable to agree on an arbitrator, then a single arbitrator shall be appointed pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which shall govern any arbitration requested under this provision. Each party shall bear its own costs and expenses of any arbitration . Each party shall pay one-half of the costs of the arbitrator.
Article 31. Legal Representation
31.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity to be, represented by counsel in the preparation of , and contributed equally to the terms and conditions of , this Agreement, and, accordingly, the rule that a contract will be interpreted strictly against the party preparing the same will not apply, due to the joint contributions of both parties.
Article 32. Conflicts of Interests
32.01 Contractor's Interests . Contractor shall not offer, encourage, accept, or convey any financial interest its business to or from any City employee or official that is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100 ) in any decision made by City on any matter in connection with which Contractor has been retained.
32.02 Interests in Contractor . Contractor warrants and maintains it has no knowledge of any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any su ch interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Article. 126
32.03 Lobbying. Contractor warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement, and that Contractor has not paid nor agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.
Article 33. Contractor's Personnel
33.01 Displaced Employees. Contractor shall offer employment to all qualified displaced employees of the City’s franchisee from the prior Exclusive Solid Waste Franchise Agreement at pay and benefit rates meeting or exceed prior amounts (if applicable) . Contractors must retain these displaced employees until such employees leave employment or are terminated for cause. Contractor shall make information about wage rates, benefits , and job classifications of employees available to the City prior to any subsequent pr ocurement for Solid Waste Collection , no later than fifteen (days) following a request from the City for such information.
33.02 Personnel Requirements. Contractor shall assign only qualified personnel to perform all services required under this Agreement and shall be responsible for ensuring its employees comply with this Agreement and all Applicable Laws related to their employment and position. Contractor's employees, officers, agents, and subcontractors shall not identify themselves or in any way represent themselves as being employees or officials of City. City may request the transfer of any employee of Contractor who materially violates any provision of this Agreement, or who is wanton, negligent, or discourteous in the performance of their duties under this Agreement.
33.03 Agreement Manager . Contractor shall designate a qualified employee to serve as its Agreement Manager and must provide the name of that person in writing to City within thirty (30) days prior to the Commencement Date of this Agreement, and annually by January 1st of each subsequent Calendar Year of this Agreement, and any other time the person in that position changes. The Agreement Manager must be available to the City through the use of telecommunications equipment at all times that Contractor is providing Solid Waste Collection in the Service Area. The Contract Manager must provide City with an emergency phone number where the Contract Manager can be reached outside of normal business hours.
33.04 Service Supervisor. Contractor shall assign a qualified employee to serve as its Service Supervisor, to be in charge of the Collection Service within the Service Area and must provide the name of that person in writing to the Agreement Administrator on or before the Commencement Date, and thereafter annually before January 1st of each subsequent Calendar Year of the Term, and any other time Contractor changes the employee serving in that position changes. The Service Supervisor must be physically located in the Service Area and available to the Agreement Administrator through the use of telecommunication equipment at all times that Contractor is providing Solid Waste Collection. In the event the Service Supervisor is unavailable due to illness or vacation, Contractor must designate a substitute acceptable to the City who shall be available and shall have the authority to act in the same capacity as the Service Supervisor.
33.05 Key Operations Staff. Contractor shall identify a full-time Key Operations Staff, consisting at a minimum of: one (1) Operations Manager; one (1) Route Supervisor; one (1) Lead Mechanical Supervisor; and one (1) Service Recipient Service Supervisor 100% dedicated to the City. Each Key Operations Staff will provide the following to City Staff: email address, phone number, cell phone number , and office address.
33.06 Sustainability/Compliance Staff. In accordance with Section 20.01, Contractor shall provide full-time Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 127
33.07 Field Personnel. Contractor’s field operations personnel are required to wear a clean uniform shirt bearing Contractor’s name. Contractor’s employees who normally come into direct contact with the public, including drivers, must bear some means of individual photographic identification , such as a name tag or identification card. Each driver of a Collection vehicle must at all times carry a valid California driver's license and all other required licenses for the type of vehicle that is being operated.
33.08 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of § 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code; (ii) in the performance of the Services, Contractor shal l not, in any manner, employ any person or contract with any person such that any part of this Agreement is performed by such a person as would be subject to the workers' compensation laws of the State of California unless and until Contractor gives City a certificate of consent to self -insure or a certificate of Workers' Compensation Insurance Coverage; and (iii) in the event Contractor hires any subcontractor who has employe es to perform any part thereof, then Contractor shall either require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' Compensation Insurance Coverage for the subcontractor's employees. Before commencing performa nce under this Agreement, Contractor shall provide to the City evidence of any Workers' Compensation Insurance Coverage required by or for this Agreement, and all such coverage shall be endorsed with a waiver of subrogation in favor of City for all work pe rformed by Contractor, its employees, its agents, and its subcontractors.
33.09 Subcontractors. Contractor shall not subcontract any portion of this Agreement without the prior written approval of the City Manager. Contractor is fully responsible to City for the performance of any and all subcontractors, if any, and shall require any subcontractors to maintain all applicable federal, state, and local licenses required for the work they are assigned to perform. Contractor shall require any subcontractors performing work in the City to enter into a written contract that requires such subcontractors to agree they are independent contractors and have no other agency relationship with City.
Article 34. Exempt Waste
34.01 Contractor is not required to Collect or Dispose of Exempt Waste but may offer such services. All such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but if provided by Contractor must be in strict compliance with all Applicable Laws.
Article 35. Independent Contractor
35.01 In the performance of services pursuant to this Agreement, Contractor is an independent contractor and not an officer, agent, servant, or employee of City. Contractor will have exclusive control of the details of the services and work performed , and over all persons performing such services and work.
Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors will obtain any right to retirement benefits, Workers ’ Compensation benefits, or any other benefits which accrued to City employees, and Contractor expressly waives any claim to such benefits.
35.02 Subcontractors. Contractor will require all subcontractors performing work in the City to enter into a contract containing the provisions set forth in the preceding subsection , in which contract the subcontractor agrees that Contractor and subcontractor are independent contractors and have no other agency relationship with City.
Article 36. Laws to Govern
36.01 The laws of the State of California govern the rights, obligations, duties , and liabilities of City and Contractor under this Agreement, and governs the interpretation of this Agreement. 128
Article 37. Consent to Jurisdiction
37.01 The parties agree that any litigation between City and Contractor concerning or arising out of this Contract must be filed and maintained exclusively in the Superior Courts of Solano County, State of California, or in the United States District Court for the Eastern District of California to the fullest extent permissible by law. Each party consents to service of process in any manner authorized by California law.
Article 38. Assignment
38.01 No assignment of this Agreement or any right occurring under this Agreement may be made in whole or in part by Contractor without the express prior written consent of the City. City will have full discretion to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. Any assignment of this Agreement made by Contractor without the express written consent of the City will be null and void and will be grounds for City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such notice this Agreement will be deemed immediately terminated, and upon such termination all liability of City under this Agreement to Contractor will cease, and City will have the right to call the performance bond and will be free to negotiate with other contractors for the services that are the subject of this Agreement. In the event of any assignment approved by City, the assignee must fully assume all the liabilit ies of Contractor by way of an assignment and assumption agreement. The sale, assignment, transfer, or other disposition, on a cumulative basis, of twenty -five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more of the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) to any entity that is not directly or indirectly controlled by, controlling , or under common control of Contractor shall constitute an assignment for purposes of this Agreement, requiring prior written consent of the City. Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout, or otherwise), whether or not a formal assignment of this Agreement, which reduces Contractor’s assets or net worth by twenty -five percent (25%) or more, shall also constitute an assignment for purposes of this Agreement, also requiring prior written consent of the City. Upon notification to the City of any proposed assignment , Contractor shall provide to the City a payment of seventy-five thousand dollars ($ 75,000) for the City to perform its due diligence related to the requ ested assignment.
38.02 The use of a subcontractor to perform services under this Agreement will not constitute delegation of Contractor’s duties if Contractor has received prior written authorization from the Agreement Administrator to subcontract such services and the Agreement Administrator has approved a subcontractor who will perform such services. Contractor will be responsible for directing the work of Contractor’s subcontractors, and any compensation due or payable to Contractor’s subcontractor will be the sole responsibility of Contractor. The Agreement Administrator will have the right to require the removal of any approved subcontractor for reasonable cause.
Article 39. Compliance with Laws
39.01 In the performance of this Contractor, Contractor must comply with all Applicable Laws, including, without limitation, the City Code.
39.02 City shall provide written notice to Contractor of any planned amendment of the City Code that would substantially affect the performance of Contractor’s services pursuant to this Agreement. Such notice must be provided at least thirty (30) calendar days prior to the City Council’s approval of such an amendment.
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Article 40. Permits and Licenses
40.01 Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance, and shall maintain same in full force and effect throughout the Term of this Agreement .
Contractor must provide proof of such permits, licenses , or approvals and must demonstrate compliance with the terms and conditions of such permits, licenses, and approvals upon the request of the Agreement Administrator.
40.02 The Contractor must procure and maintain a valid City Business License throughout the Term of the Agreement.
Article 41. Ownership of Written Materials
41.01 Contractor hereby grants City a non-exclusive license to all reports, documents, brochures, public education materials, and other similar written, printed, electronic , or photographic materials developed by Contractor at the request of City or as required under this Agreement and intended for public use, without limitation or restrictions on the use of such materials by City. Contractor may not use such materials that specifically reference City for other purposes without the prior written consent of the Agreement Administrator. This Article 41 does not apply to ideas or concepts described in such materials and does not apply to the format of such materials.
Article 42. Waiver
42.01 Waiver by City or Contractor of any breach for violation of any term, covenant, or condition of this Agreement will not be deemed to be a waiver of any other term, covenant , or condition or any subsequent breach for violation of the same or of any other term, covenant, or condition. The subsequent acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City will not be deemed to be a waiver by City of any breach for violation of any term, covenant, or condition of this Agreement.
Article 43. Gift Prohibition
43.01 Contractor represents that Contractor all laws and regulations applicable to the acceptance of any gift by a City officer or designated employee. Contractor shall not offer any City officer or designated employee any gifts prohibited by any applicable law or regulation.
Article 44. Point of Contact
44.01 The day-to-day dealings between Contractor and City will be between Contractor and the Agreement Administrator.
Article 45. Notices
45.01 Except as provided in this Agreement, whenever either party desires to give notice to the other, it must be given by written notice addressed to the party for whom it is intended, at the place last specified, and to the place for giving of notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective persons and places for giving of notice:
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DRAFT 1/4/2024
As to the City:
City of Suisun City
City Hall
701 Civic Center Blvd.
Suisun City, CA 94585
As to the Contractor:
Solano Garbage Company
2901 Industrial Court
Fairfield, California 94533
Attn: General Manager
45.02 Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty -eight (48) hours after having been deposited in the United States mail.
Changes in the respective address to which such notice is to be directed may be made by written notice.
45.03 Notice by City to Contractor of a Collection or other Service Recipient problem or complaint may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent to Contractor through the Customer Service System by the end of the Workday.
Article 46. Transition to Next Contractor
46.01 In the event Contractor is not awarded a n extension or new contract to continue to provide Solid Waste Collection following the expiration or early termination of this Agreement, Contractor will cooperate fully with City and any subsequent contractors to assure a smooth transition of services described in this Agreement. Such cooperation will include , but not be limited to , transfer of computer data, files , and tapes; providing routing information, route maps, vehicle fleet information, and list of Service Recipients; providing a complete inventory of all Collection Containers ; providing adequate labor and equipment to complete performance of all Solid Waste Collection required under this Agreement; taking reasonable actions necessary to transfer ownership of carts and bins, as appropriate, to City, including transporting such Containers to a location designated by the Agreement Administrator; coordinating Collection of Materials set out in new Containers if new Containers are provided for a subsequent Agreements; and providing other reports and data required by this Agreement.
Article 47. Contractor’s Records
47.01 Contractor shall keep and preserve, during the Term of this Agreement, full, complete, and accurate financial and accounting records, pertaining to cash, billing, and disposal transactions for the franchise area, prepared on an accrual basis in accordance with generally accepted accounting principles. These records and reports are necessary for the City to properly administer and monitor the Agreement and to assist the City in meeting the requirements of the Act. The Contractor shall keep and preserve, duri ng the Term of this Agreement, and for a period of not less than four (4) years following expiration or other termination hereof or for any longer period required by law, full, complete, and accurate records as indicated in the Agreement.
47.02 Any records or documents required to be maintained pursuant to this Agreement must be made available for inspection or audit at any time during regular business hours, upon written request by the Agreement Administrator, the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers.
Copies of such documents will be provided to City electronically, available to City for inspection at the local Contractor office, or available to City for inspection at an alternate site if mutually agreed upon.
47.02.1 Contractor acknowledges that City is legally obligated to comply with the California Public Records Act (“CPRA”). City acknowledges that Contractor may consider certain records, reports, or information contained therein (“Records”) which Contractor is required to provide to City under this Agreement to be of a proprietary or confidential nature. In such instances, Contractor will inform City in writing of which records are considered propriety or confidential and shall identify the statutory exceptions to d isclosure provided under the CPRA that legally permit non -disclosure of the Records. At such time as City receives a request for records under the CPRA or Federal Freedom of Information Act (“FOIA”) , or a subpoena or other court order requesting disclosure of the Records, City will notify Contractor of the request, subpoena, or order and of City’s obligation and intent to provide a response within ten (10) calendar days. Contractor shall within five (5) calendar days either: (i) consent in writing to the di sclosure of the Records; or (ii) seek and obtain, at Contractor’s sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the 131
disclosure of the Records. If Contractor fails to respond within the timeframe stipulated, then City may proceed to disclosure the Records , in which event Contractor agrees , waives, and releases City of any liability for the disclosure of the Records . In the event Contractor seeks a court order to stay or enjoin the disclosure of the Records, Contractor agrees to indemnify , defend, and hold harmless the City, its Council, elected and appointed board or commission members, officers, employees, volunteers , and agents (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding, or suit in law or equity of any and every kind and description, whether judicial, quasi -judicial, or administrative in nature, arising or resulting from or in any way connected with the subject CPRA, FOIA request, or subpoena for the Records. This indemnity obligation shall survive the expiration or termination of this Agreement.
47.03 Where City has reason to believe that such records or documents may be lost or discarded in the event of the dissolution, disbandment , or termination of Contractor’s business, City may, by written request or demand of any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents will be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.
47.04 Failure to Keep and Preserve Records. The refusal of Contractor to keep and preserve any of the records required shall be deemed a material breach of this Agreement and shall subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or otherwise.
Article 48. Entire Agreement
48.01 This Agreement and the attached Exhibits constitute the entire Agreement and understanding between the parties, and the Agreement will not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties.
Article 49. Severability
49.01 If any provision of this Agreement or the application of it to any person or situation is to any extent held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable, will not be affected, will continue in full force and effect, and will be enforced to the fullest extent permitted by law.
Article 50. Right to Require Performance
50.01 The failure of City at any time to require performance by Contractor of any provision of this Agreement will in no way affect the right of City thereafter to enforce same. Nor will waiver by City of any breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
Article 51. All Prior Agreements Superseded
51.01 This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement will be predicated upon any prior representations or agreements, whether oral or written.
Article 52. Headings
52.01 Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement.
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Article 53. Exhibits
53.01 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each such Exhibit is a part of this Agreement, and each is incorporated by this reference. In the event of any conflicts between this Agreement and the Exhibits, then this Agreement shall take priority.
Article 54. Attorneys’ Fees
54.01 If litigation is brought by a party in connection with this Agreement, the prevailing party will be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement.
Article 55. Commencement Date
55.01 This Agreement will become effective when it is properly executed by City and Contractor, and Contractor will commence Solid Waste Collection under this Agreement as of July 1, 2025.
IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective date(s) below each signature.
CITY OF SUISUN CITY SOLANO GARBAGE COMPANY
A General Law City d/b/a REPUBLIC SERVICES OF FAIRFIELD
By: _____________________________ By: _____________________________ Alma Hernandez NAME
Mayor President
By: _____________________________
NAME
Secretary
ATTEST:
By: _____________________________
Anita Skinner
City Clerk
APPROVED AS TO FORM
By: _____________________________
Patrick Enright
City Attorney
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Exhibit 1
Maximum Service Rates
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Exhibit 2
List of City Facilities and Service Levels
• City Hall – 701 Civic Center
• Police Department – 701 Civic Center
• Burdick Substation – 1101 Charleston Street
• Nelson Community Center – 611 Village Drive
• Fire Department – 621 Pintail Drive
• Corporation Yard – 4555 Petersen Road (Street name spelled wrong on your list) • Lambrecht Sports Complex (confirm this is on your current list) – 4455 Petersen Road (Street name spelled wrong and labeled with wrong name below. Little League is their own entity and they rent space from us.) • Train Depot – 177 Main Street
• Cal-Marine Sport old Building – Walnut Street – 1240 Kellogg Street (front door is on Walnut St. and this is the closest address to the trash enclosure at the end of Walnut Street.) • Yacht Club – East Dock (City toters) (not to be confused with the Yacht Club’s service) • Harbor Master Office – 800 Kellogg Street (Enclosure in The Gallery parking Lot)
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Exhibit 3
Collection Container Specifications
CART SPECIFICATIONS.
• All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post - consumer recycled material content and come with a ten (10) year warranty against defects. • Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed. • Contractor must provide Carts having an approximate volume of 65, and 95 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer.
• Carts must include wheels and handles that accommodate ease of movement by able -bodied persons, have heavy duty wheels, have attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.
• Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids should be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open.
• Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.
• Carts must be hot -stamped, embossed, or labeled/decaled with the company name, a unique identification number (i.e., a serial number for carts), weight limit, images of the type of materials to be Collected, and a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City. All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as n ecessary throughout the Term to maintain a near new appearance. Decals/labels showing types of materials Collected in each Cart must be replaced annually. • Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determine d by CalRecycle prior t o the start of this Agreement).
Bin Specifications.
• Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition, and without rust or dents.
• Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair. • Contractor must provide Bins having an approximate volume of 2, 3, 4, and 6 cubic yards. • Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.
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• Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, as well as a QR code that links to the Recycling education landing page within the Contractor’s City-specific website for the City, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish.
• Bid lids must be constructed of metal or heavy plastic, so as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the Maximum Service Rate set forth in Exhibit 1.
• Bins must be capable of being lifted into the Collection Vehicle without damage under normal usage. • Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste, yellow = Food Waste or other color standards as determined by CalR ecycle prior to the start of this Agreement).
Roll-off Container Specifications.
Roll-off Container specifications shall be the same as Bin specifications. Roll -off Containers shall be provided in sizes 10, 20, 30, and 40 cubic yards. Compactors shall be available in sizes 10, 20, 3 0, and 40 cubic yards. Contractor is obligated to provide covers for Roll-Off Containers upon Customer request.
Kitchen Food Waste Pails
Contractor is responsible for the purchase and distribution of fully assembled and functional Kitchen Food Waste Pails to all SFD and MFD Dwelling Units in the Service Area, including all individual Dwelling Units within each MFD Service Unit, and includin g any new Dwelling Units that are added to Contractor’s Service Area during the Term of this Agreement. The distribution to new Dwelling Units must be completed within three (3) Workdays of receipt of notification from City or the Dwelling Unit. Contractor will also make Kitchen Food Waste Pails available at one or more annual Contractor-hosted events, such as a paper-shredding event or a HHW drop-off event, to make it easier for MFD Dwelling Units to learn about and acquire the pails.
Containers End of Life
Collection Containers must be recycled at the end of their useful life. 138
Exhibit 4
Administrative Charges and Penalties
All dollar figures stated below shall increase annually by the CPI Adjustment Calculation in Section 6.02.1.
Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
a. Failure to respond to each complaint within three (3) Workdays of receipt of complaint. $200 per incident per Service Recipient. b. Failure to maintain call center hours as required by this Agreement. $500 per day. -0- if cured in
5 days
c. Failure to submit to City all reports by the deadlines required under the provisions of this Agreement. $200 per day. -0- if cured in 10 days
d. Failure to include all parts of quarterly and annual reports specified in Sections 22.04 and 22.05 in the submitted
reports.
$200 per day if not
cured in 10 days.
-0- if cured in
10 days
e. Failure to provide data , information, or documentation required by this Agreement within the timeframe
stipulated herein.
$100 per day. -0- if cured in
5 days
f. Failure to respond to respond to any City request for data or information, as referenced in Section 5.16, within five (5) Business Days of receipt of the request.
$100 per day. -0- if cured in
5 days
g. Failure to submit to City all payments by the deadlines required under the provisions of this Agreement.
1% of the total amount due if fees are 1
– 10 days late; and 10% of the total
amount due if fees are more than 10
days late.
h. Failure for Collection Cart to be compliant with
specifications of Exhibit 3 or Section 18.09.
$50 each Collection
Cart not compliant.
-0- if cured in
30 days
i. Failure for Collection Bin to be compliant with
specifications of Exhibit 3 or Section 18.09.
$100 each Collection
Bin not compliant, if not
cured in 7 days
-0- if cured in
30 days
j. Failure for Collection Container to be compliant with SB 1383 labeling requirements or the labeling requirements outlined in Section 20.10 of this Agreement.
$100 each Collection
Container not
compliant.
-0- if cured in
30 days
k. Failure to comply with State and Federal vehicle weight limitations, as required in Section 18.05.
$200 per incident after
twenty-five (25) such
incidents per quarter.
Cannot be
cured
l. Failure to display Contractor’s name and customer
service phone number on Collection Vehicles , or to
otherwise be out of compliance with Section 18.08.
$100 per incident per
day.
-0- if cured in
30 days
m. Failure to Collect a missed Collection Container by close of the next Workday upon notice to Contractor, that
exceeds twenty (20) incidents within the Service Area
within any Calendar Year. See section 25.05 for labor strikes.
$1,000 per Calendar year, plus $10 per
incident per day.
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Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
n. Failure to repair (including removal of graffiti) or replace damaged Containers and/or Containers that are not in
good working order within the time required by this
Agreement, that exceeds twenty (20) incidents in any
Calendar year.
$1,000 per Calendar year, plus $10 per
incident per day.
o. Accumulation of more than forty (40) complaints per
Quarter regarding carts left in untidy conditions (e.g., carts not left standing upright, cart lids not closed, carts left in wrong locations)
$1,000 per Quarter, plus $10 per
complaint beyond the first 40 complaints
p. Failure to maintain Collection hours as required by this Agreement. $500 per day.
-0- if not
cured in 5
days
q. Failure to have Contractor personnel in Contractor - provided uniforms. $25 per day per
employee.
-0- if not
cured in 30
days
r. Failure of Contractor to follow Recyclable Materials and Organic Waste Contamination and Overage procedures
as set forth under Section 5.08 and 5.11.
$500 per day for failure
to implement correction
plan.
Submit for
approval to
City and
implement
plan of
correction to
City within 30
days.
s. Vehicle fluid leak incidents from Contractor Collection Vehicles in excess of three (3) during a Calendar Year. $5000 per incident in excess of three (3) t. Failure of Contractor to clean up spillage or litter caused by Contractor within one hundred eighty (180) minutes
upon notice from the City, in excess of five (5) incidents during a Calendar Year.
$100 per incident.
u. Failure of Contractor to provide proof of performance bond as required by this Agreement Agreement Default $500 per day v. Failure of Contractor to provide proof of insurance as required by this Agreement Agreement Default $500 per day w. Failure to provide City with documentation verifying that Diversion, as outlined in Section 8.02, was achieved.
$10,000 per Quarter
Submit for
approval to
City and
implement
plan of
correction
within 30
days.
x. Failure to Collect Holiday trees on Collection Days. $100 per day.
-0- if not
cured in 7
days
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Item
Amount if Not Cured
in 30 Days (unless
otherwise specified)
If Cured
y. Failure to commence service to a new Service Recipient within seven (7) days after order. $150 per day.
-0- if not
cured in 7
days
z. Failure to initially respond to a Service Recipient
complaint within one (1) Business Day.
$50 per failure to
resolve Customer
compliant or request.
-0- if not
cured in 7
days
aa. Replacement fee when requesting a new set of keys to access City Service Unit sites.
$100 per set of keys replaced, in
addition to the cost of replacing the keys.
bb. Failure to service the City’s corporation yard within twenty-four (24) hours upon request from the City. $100 per day -0- if not
cured in 3
days
cc. Failure to drop off a Container requested by the City in the timeframe requested, provided the City gives at least four (4) days advance notice.
$100 per day.
-0- if not
cured in 3
days
dd. Failure to comply with any other provision in this
Agreement, subject to Notice and Cure provisions. $200 per incident -0- if not
cured in 30
days
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Exhibit 5
Customer Service Plan
Overview
1. Call handling
• Customer Resource Center will field inbound calls, ask probing questions to assist with locating customer’s account.
• After determining the customer needs, the CSR will either populate the required work order or will provide the requested information to fulfill the customer’s inquiry. • If the inquiry is simply for information or clarification about Republic programs, the CSR will answer the question and document the account.
• If the request requires action on the part of the Republic, a work order will be generated for the appropriate department to address.
• When customers contact Republic through the My Resource web portal or mobile application, the process is automated, and information is immediately and directly sent to the proper department for prompt handling.
• Each time a customer contacts the Republic, inquires and concerns are entered into InfoPro, including date, time, customer name, address, and the nature, date and manner of the resolution is also logged and sent to drivers and supervisors. Logistics Analyst monitor all work orders requiring driver action.
Upon receipt of a work order requiring same-day completion, a special alert is generated, and the appropriate driver is instructed as to what is needed to complete the order. In addition, each driver verbally contacts dispatch prior to completion of their assigned route to ensure all outstanding requests are fulfilled prior to returning to the operations facility. • Republic Route Supervisors spend most of their time working in the assigned area(s), which enables them to meet drivers at the customer location to ensure quick, permanent resolution. Drivers document the completion of all same-day service orders in the system. • Common customer requests and concerns are tracked and reported by Republic business unit company wide, which has resulted in an exceedingly high level of customer service.
2. Billing
• Residential customers are billed quarterly, while Commercial and Industrial are billed monthly. • The initial step for the CSR is to confirm the customer’s name, service address, and reason for inquiry. After listening to and stating the reason(s) for the customer call, the CSR can assist in addressing and resolving their needs.
Common billing inquiries may include but are not limited to, requests for cart/container size increase or decrease, service day increase or decrease changes, customer new starts, or stopping service. • When and if billing disputes arise, CSRs are trained to actively listen and understand the customer concern, review the invoice, and investigate and gather supporting relevant information to successfully resolve the customer’s concern.
• In the spirit of a one-call resolution, the customer’s concern is typically resolved at that time. If a situation requires escalation to the Customer Service Manager, they will immediately and professionally attempt to resolve the issue to the customer’s satisfaction.
3. Payment Program
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• Modern day customer service is about customer options and simple solutions. Newer generations except web-based and mobile app-based abilities to self-serve simple needs at any time of the day or night. Certainly, more complex topics may still require person-to-person interaction, but a vast majority of customer service contacts in this industry are topics that can be self-served. For this reason, Republic Services has invested in creating state-of- art websites and mobile apps. Our customers now can reach us.
• 24/7 via our website, www.republicservices.com/municipality/wccc-ca.com, or via our Republic Services mobile app. Our self-service options are designed to improve overall response time, enabling resolutions to make simple customer inquiries and needs anytime, anywhere with the least amount of customer inconvenience as possible. Th rough our website and mobile app customers can:
• Pay their bill
• Schedule an extra pick up
• Discover new services
• Receive weather and holiday service updates
• Submit inquiries or complaints “Track My Truck” where customers can see where a truck is currently located on route. Service alerts to notify residents or businesses of changes or delays. Alerts such as blocked containers will provide a notification with a photo uploaded to the app
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Exhibit 6
Collection Service Operations Plan
Republic Services’ continued growth and extensive experience in Collection programs and Diversion have situated the company in a position to ensure that necessary resources will be available during the agreement term
1. Vehicles
Unit Spec - Body Type Mfg Year Spec - Chassis
Make
Spec -
Chassis
Model
Spec -
Body
Make
Fuel Type
1209 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1210 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1211 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1212 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1213 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1214 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1215 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
1216 Commercial - FEL 2024 Peterbilt 520 Heil Diesel
2339 Limited Access - Rear
Loader
2017 Ford F750 Par_Kan Diesel
2402 Automated Side Load 2010 Autocar Unknown Heil LNG
2409 Automated Side Load 2011 Autocar ACX64 Heil LNG
2419 Drop Frame 2015 Ford F750 Heil Diesel
2422 Automated Side Load 2020 Peterbilt 520 Heil LNG
2423 Drop Frame 2022 Ford F750 New Way Diesel
2424 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2425 Automated Side Load 2023 Peterbilt 520 Heil Diesel 2426 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2427 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2428 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2429 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2430 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2431 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2432 Automated Side Load 2024 Peterbilt 520 Heil Diesel 144
2433 Automated Side Load 2024 Peterbilt 520 Heil Diesel 2434EV Automated Side Load 2024 Peterbilt 520EV McNeilus Electric 2435EV Automated Side Load 2024 Peterbilt 520EV McNeilus Electric 2436EV Automated Side Load 2024 Mcneilus/Oshkosh Volterra McNeilus Electric 2437EV Automated Side Load 2024 Mcneilus/Oshkosh Volterra McNeilus Electric 2438EV Automated Side Load 2024 Mcneilus/Oshkosh Volterra McNeilus Electric 2439 Automated Side Load 2025 Peterbilt 520 Heil Diesel 2441 Automated Side Load 2025 Peterbilt 520 Heil Diesel 2442 Automated Side Load 2025 Peterbilt 520 Heil Diesel 2443 Automated Side Load 2025 Peterbilt 520 Heil Diesel 2444 Automated Side Load 2025 Peterbilt 520 Heil Diesel 2525 Unknown 2023 Peterbilt 220 New Way Diesel
268 Container delivery 2010 Ford F750 Internation
al
Diesel
2792 Automated Side Load 2010 Autocar ACX64 Heil LNG
306 Residential - REL 2019 Peterbilt 520 McNeilus LNG
3404 Cable - Inside Rail 2018 Peterbilt 567 G&H LNG
3406 Cable - Inside Rail 2019 Peterbilt 520 Galbreath LNG 3407 Rolloff Trailer 2023 Peterbilt 520 Galbreath Diesel 3408 Rolloff Trailer 2025 Peterbilt 567 Galbreath Diesel 3409 Rolloff Trailer 2025 Peterbilt 567 Galbreath Diesel 3410 Rolloff Trailer 2025 Peterbilt 567 Galbreath Diesel 3411 Rolloff Trailer 2025 Peterbilt 567 Galbreath Diesel 501 Service Truck 2008 Ford F350 N/A Diesel
503 Service Truck 2011 Ford F550 IMT Diesel
514 Pickup 2008 Ford F150 N/A Unleaded Gas
516 Stake body 2020 Ford F550 N/A Diesel
517 Pickup 2022 Ford F150 N/A Unleaded Gas
518 Pickup 2023 Ford F150
Lightning
Extended
Range
Pick-up Electric
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550 Container delivery 2011 Ford 750 Galbreath Diesel
FL-1 2016 Hyster H50FT Propane
FL-2 2023 Hyster H60FT Propane
FL-3 2015 Hyster H50 XM Propane
WL163230 2016 Caterpillar 938M Diesel
a) Vehicle Specifications:
The requested vehicle specifications are identified below.
Fuel
Type Size # of Axles GVWR Capacity # of Collection
Compartments
Side
Loader
Diesel/LNG 33 3 54500 10 1
Front
Loader
Diesel 40 4 57500 10 1
Roll
Off
Diesel 30 2 54000 2 1
Flat Bed Diesel 14 2 4600 n/a 1
Rear
Loader
LNG 33 3 44500
8 1
b) Reduction of Air Emissions and Wear & Tear on City Streets All collection vehicles are following CARB’s low carbon alternative fuel regulations Consistently well-maintained collection vehicles greatly cut emissions (and noise), and optimized routes reduce vehicle miles travel and street wear and tear.
Republic has partnered with its equipment manufacturers to design vehicles that have increased carrying capacity, which minimizes trips to the transfer station, reducing vehicle miles traveled.
c) Vehicle Technology: With Republic’s RISE application, Republic driver and truck locations are reported at regular time and distance intervals, providing the operations team with the whereabouts and situational awareness of the fleet and all routes during the day. Additionally, Republic utilizes geo-fencing capabilities, to set geographic boundaries for routes, which trigger alerts when vehicles cross a defined geo-fence border. This assists operation team members in determining whether drivers 146
are on pace for on-time route completion, or whether additional support must be dispatched due to unforeseen circumstances.
d) Vehicle Maintenance Program: Republic’s fleet of vehicles undergoes the most extensive preventive maintenance procedures in the industry, which lead to a safer, more efficient, and environmentally sound collection process. Company vehicles undergo rigorous preventive maintenance procedures and comprehensive pre- and post-trip inspections which exceed industry standards to ensure the highest level of performance and safety while on route and minimal downtime. e) Vehicle Maintenance Schedule: Republic’s reporting system for tracking vehicle maintenance, vehicle performance, and adherence to company policies relative to such is called Dossier/MPower which enables Republic to produce weekly reports that are used by the Fleet Maintenance Manager to monitor performance and take appropriate action steps when necessary to enforce compliance with Company policy and procedure.
Some of the maintenance-related reports the Dossier system produces, and which are also covered in weekly maintenance and operations meetings are:
• Maintenance Cost per Vehicle Report (with high-cost trucks noted) • Road Call Report
• Towing Report
• Drive Compliance and Error Report
• Mechanic Productivity Report
• Fuel and Meter Report
• System Code Spreadsheet Report
• Preventive Maintenance (PM) Report (with overdue PM sub-report)
2. Containers
a. Sufficiency of Capacity: We have a durable process in place to ensure the availability of collection containers that are SB 1383 compliant for our customers.
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Container Dimensions
Container Height Width Depth
35 Gallon Cart
36.5” 19.8” 26.3”
65 Gallon Cart 41.5” 24.5” 27.5”
95 Gallon Cart 43.2” 28.0” 32.1”
2 Cubic Yard Bin
41.5” 72.0” 34.5”
3 Cubic Yard Bin 50.5” 72.0” 41.5”
4 Cubic Yard Bin 57.0” 72.0” 50.5”
6 Cubic Yard Bin 57.0” 72.0” 80.0”
20 Cubic Yard Roll Off 4.5’ 7.5’ 22’
30 Cubic Yard Roll Off 6’ 8’ 22’
40 Cubic Yard Roll Off 8’ 8’ 22’
b. Bin Enclosures and Limited Space: During the assessment, we will identify bin locations and access paths that allow for safe, convenient service. Right-sizing service levels can increase waste diversion, improve collection productivity, and lead to reduced costs for customers.
d. Container Appearance: Republic takes pride in the appearance of its equipment. The condition of all containers is audited annually, on a rolling basis, and scheduled for replacement as needed. Containers that require repairs or maintenance will be delivered back to our facility for repair.
e. Container Durability: The containers listed above are suitable for all customers.
In the event of a customer’s space limitations, we can provide and have demonstrated the ability to offer optional services to meet the customer’s needs. • Automated Carts: A weekly Bundled SFD Solid Waste Collection Service system with one (1) 35,65,95- Gallon Gray Garbage Cart, one (1) 65-Gallon Gray with Blue lid Recyclable Materials Cart, and one (1) 65 -Gallon Gray with Green lid Organic Waste cart as part of the base SFD Solid Waste Collection Service. •Commercial Bins: Republic Services will assist commercial and multi-family customers in achieving compliance with existing and new regulations through personalized outreach and recycling technical assistance to optimize recycling and organic service levels. This includes the continued implementation of a properly signed and colored two-bin container system.
Republic Services will continue to offer solid waste, recycling, and organic collection services with a variety of collection container sizes and service frequencies to meet single-family, multi-family and commercial community needs up to five days per week. Collections will be conducted in the following container sizes: 35-, 65 and 95-gallon carts; 2-, 3-, 4- and 6-yard front load bins; 20, 30 and 40 yard roll off bins.
Being the incumbent in Suisun we have already implemented SB 1383 compliant programs which make our evaluation process immensely easier to accommodate each property with the proper size containers and ensure that each customer maximizes the City’s participation goals.
3. Route Operations:
Successful collection operations begin with a skillful operation supervisor who knows business as well as your community. Your Republic 148
Services local operations manager is responsible for the day-to-day collection operations, including development and evaluation of routing (in conjunction with the general manager), training and oversight of drivers, and implementation and enforcement of safety procedures.
a) Advantages to Collection Vehicles Chosen: All collection vehicles are in compliance with CARB’s low carbon alternative fuel regulations.
Consistently well-maintained collection vehicles greatly cut emissions (and noise), and optimized routes reduce vehicle miles traveled and street wear and tear. Republic has partnered with its equipment manufacturers to design vehicles that have increased carrying capacity, which minimizes trips to the transfer station, reducing vehicle miles traveled.
b) Driver Responsibilities: To ensure extreme reliability and a consistently high level of customer service, Republic Services has a quality control program in which a driver records an area of concern, and their issues will be addressed and completely resolved by supervisors or management within seven days of discovery.
c) Anticipated Driver Productivity: During collection activities, drivers are instructed to make notes on their RISE tablets throughout the day. The objective of the post-route briefing is to collect all valuable route information from each driver to ensure operations will receive issues such as poorly sequenced routes; sales will receive items such as commercial overage issues; safety will receive information pertaining low hanging wires or dangerous dumpster locations; and maintenance will be forwarded issues such as repair and replacement needs. d) Operational Communications: Successful collection operations begin with a skillful operations supervisor who knows the business as well as your community.
Your Republic Services local operations manager is responsible for the day-to- day collection operations, including development and evaluation of routing (in conjunction with the general manager), training and oversight of drivers, and implementation and enforcement of safety procedures. We ensure our operations supervisors are not overloaded, nor tied to a desk. On average, we maintain a 20:1 ratio of routes to supervisors, which means that items needing attention are dealt with immediately and that the supervisor knows your community intimately.
In addition, our supervisors are out on the routes regularly. At least twice per week, they conduct a ride along with drivers on their routes. This creates great opportunities for driver mentoring, ensure quality control on the route, and keeps the supervisor directly aware and familiar with the nuances of the route and the community. Few, if any other companies in the industry, dedicate their operations staff to succeed in this manner.
e) Driver Contamination Monitoring: For recycling and organic waste setouts.
If contamination is visible, the cart will be tagged with a “Corrective Action Notice,” informing the customer why they received the notice and how to properly sort materials in the future. Subsequent infractions or ongoing unacceptable levels of contamination will also be noticed, and a fee will be assessed. A picture is taken with the RISE tablet and uploaded to the customer’s account.
• As with all Corrective Action Notices and other route events and incidents, this information will be logged into Republic’s customer database and routinely shared with the city.
f.) Annual Service Level and Billing Audit Approach
Audit Plan: To additionally mitigate any impacts to our ability to provide reliable service, Republic’s customer management software application, InfoPro, automatically generates several reports that are routinely reviewed by 149
Republic managers, most daily. These include:
Production Reports
This module includes:
• Route Analysis
• Route Downtime Analysis
• Customer Service History
• Daily Operating Summary
• Daily Fuel Report
• Daily Disposal Report
• Disposal Exception Report
• Daily Truck! Employee Replacement Report
• Customer Service Report
• Blocked! No Service Report
These reports are used in the daily activities of the division in order to monitor productivity and effectiveness.
1. Route Maps: The RISE platform was built for Republic Service employees by Republic Service employees. The RISE platform consists of three components:
a. RISE Portal
b. RISE Map
c. RISE Tablet
The heart of the platform is the RISE Portal and the RISE Map; the portal and map feature an intuitive structure that allows users to easily assign routes, view maps, and quickly identify assets and facilities.
The RISE Map: quickly allows new or substitute drivers to visually understand the assigned work through the visual representation of the proximity between customers and disposal sites. This benefit helps eliminate unproductive time and total miles traveled, limiting impacts on the city roads and emissions.
RISE tablet: Republic Services rolled out RISE tablets to our industrial drivers starting in 2020 and to our commercial drivers in 2021!2022. RISE tablets provide our drivers with an electronic route sheet with turn-by-turn directions to ensure the most efficient route. The navigation software uses real-time traffic conditions to avoid delays and incorporate safety mechanisms that record the truck's height, weight, and length to ensure overpasses and bridges can support our vehicles
Notice,” informing the customer why they received the notice and how to properly sort materials in the future. Subsequent infractions or ongoing unacceptable levels of contamination will also be noticed, and a fee will be assessed. A picture is taken with the RISE tablet and uploaded to the customer’s account.
• As with all Corrective Action Notices and other route events and incidents,
this information will be logged into Republic’s customer database and routinely shared with the city.
f.) Annual Service Level and Billing Audit Approach
Audit Plan: To additionally mitigate any impacts to our ability to provide reliable
150
service, Republic’s customer management software application, InfoPro, automatically generates several reports that are routinely reviewed by Republic managers, most daily. These include:
Production Reports
This module includes:
• Route Analysis
• Route Downtime Analysis
• Customer Service History
• Daily Operating Summary
• Daily Fuel Report
• Daily Disposal Report
• Disposal Exception Report
• Daily Truck! Employee Replacement Report
• Customer Service Report
• Blocked! No Service Report
These reports are used in the daily activities of the division in order to monitor productivity and effectiveness.
1. Route Maps: The RISE platform was built for Republic Service employees by Republic Service employees. The RISE platform consists of three components:
a. RISE Portal
b. RISE Map
c. RISE Tablet
The heart of the platform is the RISE Portal and the RISE Map; the portal and map feature an intuitive structure that allows users to easily assign routes, view maps, and quickly identify assets and facilities.
The RISE Map: quickly allows new or substitute drivers to visually understand the assigned work through the visual representation of the proximity between customers and disposal sites. This benefit helps eliminate unproductive time and total miles traveled, limiting impacts on the city roads and emissions.
RISE tablet: Republic Services rolled out RISE tablets to our industrial drivers starting in 2020 and to our commercial drivers in 2021!2022. RISE tablets provide our drivers with an electronic route sheet with turn-by-turn directions to ensure the most efficient route. The navigation software uses real-time traffic conditions to avoid delays and incorporate safety mechanisms that record the truck's height, weight, and length to ensure overpasses and bridges can support our vehicles
151
Safety
a. Staffing Safety Requirements: Republic Services has an industry leading safety record that has been 38% better than the industry average for the past ten years, based on OSHA data. In addition, we have been recipients of 72% of the industry’s Driver and Operator of the Year awards since 2009.
b. Republic Services maintains strict compliance with all applicable DOT (includes physical, drug, and alcohol testing), OSHA, federal, state and local safety requirements while performing all work-related functions.
c. We recognize that a safe workforce is not simply a discussion with a new hire, but a dedicated plan to review, educate and verify employee practices constantly.
d. Two of Republic Services’ ambitious sustainability goals are tied to specific safety metrics. These include reducing our Occupational Safety and Health Administration Total Recordable Incident Rate to 2.0 or less and
1) Training: Republic Services has the lowest occurrence of incidents and crashes in the industry due to our company-wide emphasis on safety, extensive employee training and ongoing educational development programs. Republic Services requires all operations personnel to participate in extensive classroom training and testing, as well as on-road auditing and policy reinforcement.
2) Personal Protective Equipment: Republic Services is committed to providing the safest collection and disposal processes possible. We recognize that effective management of worker safety and health 152
protection is a decisive factor in reducing the extent, severity, and cost of work-related injuries and illnesses. Eye, face, head, hand, and high visibility PPE is required to be worn when applicable.
5. Reporting
a. Detailed monitoring and reporting:
Republic Services as the responsible agent to fulfill several of its responsibilities under AB 341, AB 939, AB 1594, and SB 1383. However, Suisun City cannot delegate its authority to Republic Services for the imposing of civil penalties to non-compliant generators.
b. Method Used to Track Tonnage: It is required that all collection vehicles are weighed daily after collecting at each of the designated post-collection facilities. All truck weights are captured, reported, and maintained through our PC Scales software.
Process for Reporting Complaints: We track all service recipient complaints through our InfoPro system and record notes within the customer’s account. Should there be any disputes, we will provide the full-service log to the Cities as required by the RFP.
Please refer to our Customer Service Plan for a detailed process on the protocols for all customer service interactions
153
Exhibit 7
Processing and Disposal Facilities
The City has approved the following Disposal Facilities, Organic Waste Processing Facilities, Material Recycling Facilities, and Transfer Station to manage the specified services and otherwise assist the Contractor in the performance of the requirements of the Agreement. The Maximum Services Rates in Exhibit 1 assume all material is delivered to the approved facility. Any City directed changes to any other non-approved facility will be considered a City-directed change in accordance with Section 33.3.
Name of Facility Contact Information Services Provided
Potrero Hills Landfill Natalie Hicks
530-329-1120
Solid Waste, Green Waste,
Organics, Construction
Demolition, Sludge and Metal
Contra Costa Transfer Station Michael Grayson
925-839-0241
Solid Waste, Green Waste,
Organics, Food Waste,
Construction and Demolition
Hay Road Landfill Solid Waste, Green Waste,
Organics, Construction
Demolition, Sludge
Keller Canyon Landfill Dawn Fields gauge
925-232-2938
925-890-6504
Solid Waste, Sludge
Vasco Road Landfill Joseph Benavidez Construction and Demolition Processing
West Contra Costa County Rob Sherman
510-970-7244
Residential and Commercial
Recycling
Newby Island Landfill and
Recovery Facility
Dan North
408-586-2281
Residential and Commercial
Recycling, Organics processing,
Solid Waste, Construction and
Demolition Processing
Lystek James Dunbar
707-419-0084
Organics
Golden Bear Waste and
Recycling Center
Rob Sherman
510-970-7244
Solid Waste, Organics,
Construction and Demolition,
Concrete
Napa Recycling and Waste
Services
Greg Kelley
707-255-5200
Organics Processing
Northern Compost (Zamora) Greg Kelley
707-255-5200
Organics Processing
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DRAFT 1/4/2024
155
Exhibit 8
Sustainability and Compliance Plan
Meeting Diversion Requirements
Diversion Programs
Republic Services shall continue to offer the following collection programs to Single Family Dwellings, Multi- Family Dwellings, commercial, and industrial customers. • Green Container for Commingled Organic Waste
Food waste, yard waste, green waste, food -soiled paper and compostable bags certified by the BPI.
• Blue Container for Recycle
Traditional recyclables, such as bottles, cans, plastics, and organic waste such as paper and cardboard
• Black Container for Non-Organic Waste
Items destined for a landfill that cannot be recycled or composted (including animal waste) MFD & Commercial Diversion Programs
Republic Services offers a wide range of recycling program container sizes, frequencies, and opportunities for reduced MSW collections from customers’ current service levels:
• Website availability of diversion requirements Tips to becoming a better recycler. • Recycling insights and information
• MFD service guides
• MFD newsletter
• Posters, guides, stickers, bin labeling – Sustainability Advisors shall provide this material during site visit and as needed.
• Waste presentations and trainings – Sustainability Advisors will provide waste trainings to staff, managers, janitors, etc. to encourage proper sorting and program participation.
Republic intends to be a fully active and committed partner to educate the customer base, enrolling them in required recycling programs and shifting away from the voluntary mindset to comply with the law. To achieve this, it is recommended that the city establish a mandatory participation ordinance with enforceable actions to ensure joint success.
156
C&D Waste Diversion Program
For construction and demolition projects, services will be performed in a manner that complies with Cal Green requirements, which currently includes a 65% minimum diversion rate stipulation at all covered projects.
Air Emission Reduction
All collection vehicles are following CARB’s low carbon alternative fuel regulations. Consistently well - maintained collection vehicles greatly cut emissions (and noise) reducing wear and tear on City Streets.
Optimized routes reduce vehicle miles traveled and street wear and tear. Republic has partnered with its equipment manufacturers to design vehicles that have increased carrying capacity, which minimizes trips to the transfer station, reducing vehicle miles traveled.
Recycled Products – Operations
Vehicle fluids recycling - We recycle all capturable vehicle fluids through a local vendor allowing for circularity of any necessary hydrocarbon fluids.
Maintenance core returns
• Most parts used within our trucks use “cores” which can be refurbished and reused within a future remanufactured part.
• Use of local parts vendors to reduce GHG emissions
• To maintain our fleet in the most efficient manner and support the local vendor network we primarily source our parts from local vendors which has a beneficial effect of reducing GHG emissions from shipping parts over long distances.
Metal recycling.
We take every opportunity to recycle metals within our maintenance processes to avoid wasteful introduction of primary metals and recover some of our cost of purchase, thereby reducing rates for service recipients.
Tire recycling. All tires that are worn to the point of being removed from service or irreparably damaged are diverted from landfills via partnering with our tire partner.
157
Exhibit 9
Education and Outreach Plan
Republic Services recognized the importance of an effective public education and promotion as the key to helping residents and business to understand more about source reduction, reuse, recycling, and composting. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years. It will require that California residents change their behaviors on how they dispose their organics.
Public Education
The public education plan describes in detail outreach activities to educate customers. The principal objective of the public education campaign is to increase diversion and reduce contamination.
SFD Education Program Time
1. Residential Customer Service Guide direct mail.
The purpose of the residential guide is to educate residents on what materials can be placed in the recycle, organics, or disposed of in the trash. Proper handling of household hazardous waste, proper cart set up, service schedule, additional services offered. The residential guide will also include information about holiday collection schedule and street sweeping services.
The residential guide translated to Spanish will be made available. Copies of the Spanish version will be distributed upon request and made available at City events, City facilities, libraries, and the Republic Services office.
Annually
January
2. New Service Recipient Education
Welcome packets will be mailed to each new Service Recipient. The packets will include a Residential Customer Service guide and other new program information.
As needed
3. Newsletter - Bill inserts
City Staff and Republic will collaborate on associated articles that will best aid in the education of the audience. Each party will contribute relevant articles for inclusion in the newsletter.
2nd quarter Newsletter April -June bill
Topic: Recycle and organics (SB1383).
Purpose: Remind residents about the importance and requirements of separating their recycling and organics from the trash.
3rd Quarter newsletter July – September bill
Quarterly April
– December)
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Topic: Household Hazardous Waste information
Purpose: Remind residents about the proper disposal of Household Hazardous Waste and the programs available to residents.
4th Quarter October – December bill
Topic: Street sweeping, reducing +
-food waste, holiday schedule, Christmas Tree pick up.
Purpose: Outreach customers about fall season street sweeping schedule, how to prevent food waste during the holidays, how to recycle their holiday tree.
4. Your Town Magazine Ad
City Staff and Republic Services will collaborate to determine the date City wants to run an ad with information on how Suisun City residents can report abandon waste or illegal dumping.
Annually
7. Events:
Republic Services will participate in Three City events to reach out to the community about organics, recycling, household hazardous waste and extra services.
To be
determine
8. Corrective Action Notices
Cart tags will be used by drivers, Sustainability advisors, and supervisors to notify residents if there is any problem with cart set -out, contamination, notification of inaccessible carts or other issues preventing regular service.
As requested,
or needed
9. Website
Maintain a robust website where residents can access digital information about services, newsletters, resources, Recycling and composting guidelines, SB1383 information, etc.
Annually
159
MFD Education Programs Time
1. MFD newsletter
City Staff and Republic will collaborate on associated articles that will best aid in the education of the audience and each party will contribute relevant articles for inclusion in the newsletter. The newsletter will explain about the requirements of SB13 83, recycling and organics programs.
MFD Newsletter will be translate to Spanish. Electronic and hard copies of the Spanish MFD Customer Service Guide will be available for property manager.
Bi-annual
1. Develop outreach materials for tenants
Republic Services will develop outreach materials as need it to promote recycling and organics in Multifamily dwellings.
As needed
2. Presentations and meetings
Republic Services will develop presentations about Recycling and organics for MFD.
Republic Services will participate in tenant meeting to explain SB1383 and the benefits of reducing waste.
As needed
3. Waste assessments and Evaluation about services levels Republic Services will conduct site visits to monitor and evaluate recycling and organics programs. request MFD for their annual tenant outreach and give recommendations about service levels.
Annual site
visits
4. Website
Maintain a robust website where MFD residents can access digital information about recycling and composting guidelines, SB1383 information, services available, etc.
Annually
160
Commercial Education Program Time
1. Commercial Newsletters
City Staff and Republic Services will collaborate on associated articles that will best aid in the education of the audience and each party will contribute relevant articles for inclusion in the newsletter.
Quarterly
2. Service recipient training
Service recipient training and/or presentations will be offered to all commercial service recipients during Recycling Coordinator site visits. Waste audits or characterizations will be offered when the Recycling Coordinator is able to schedule a facility w alk-through with commercial service recipient to identify recyclable material generated on site.
Annually as
needed
3. Community presentations
Fairfield Suisun Chamber of Commerce Mixer, events, and presentations Solano Hispanic Chamber of Commerce mixers, event, and presentations Community groups: Rotary groups, Soroptimist of Central Solano, Church’s, etc.
Once per year, as
requested
4. Recycling and Organics outreach materials
Republic Services will have available organic and recycle posters that can be used to educate employees and/or clients about organics and food waste As needed
5. Website
Maintain a robust website where Business can access digital information about recycling and composting guidelines, SB1383 information, services available, etc.
Annually
School Education Program Time
1. Recycling Coordinator will assist school districts to set up organics’ programs at school sites when requested. As needed
2. Site Waste Assessments: Evaluate school recycling and organics program.
When possible, make recommendations to increase diversion and/or prevent waste
As needed
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3. Class presentations and/or school assembly: motivate students to participate in organics and recycling program As needed
4. Attend School activities to increase diversion and participation on food waste and recycle programs. (Poster, photo or video contest about recycling and organics)
As needed
Corrective notices Time
Republic Services Drivers will continue to monitor for contamination. Driver will tag carts and/or containers that are contaminated.
As needed
Customer services will continue to reach out to customers that had contamination to explain why the cart or container was tag. Customer service will send outreach materials to customers.
As needed
Republic Services has put together videos about SB1383
Short Videos (30 seconds)
Residential:
https://vimeo.com/fervor/review/736598655/c43dc27532
Commercial:
https://vimeo.com/fervor/review/736598617/dc3c3b5f27
SB1383 Educational videos
What is SB 1383?
https://vimeo.com/fervor/review/727557961/743743ba8e
Residential - How do I Comply?
https://vimeo.com/fervor/review/727558291/5bb0c73633
Commercial - How do I Comply?
https://vimeo.com/fervor/review/727562488/083bf8a6bf
Residential - What Happens After Pickup?
https://vimeo.com/fervor/review/727567890/94ba59302a
162
Commercial - What Happens After Pickup?
https://vimeo.com/fervor/review/727559277/bcc5f41181
163
Exhibit 10
Acceptable Recyclable Materials
Recyclable Materials include, but are not limited to:
Aluminum cans
Brochures
Cardboard
Cereal boxes
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
Junk mail
Laundry bottles
Magazines/catalogs
Mixed plastics (including rigid plastic
packaging and other food containers)
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film and wrapping
Plastic milk jugs
Tin cans
Tissue boxes
Wrapping paper
164
Exhibit 11
STREET SWEEPING SERVICES
Contractor shall provide Street Sweeping Services during the Term in accordance with the terms and conditions of this Agreement.
1. Manner of Service.
a. Contractor shall provide a Complete Sweep of all Curb Miles on all publicly maintained City Streets.
Within any Curb Mile, Contractor shall be responsible for sweeping all curbs including Median Islands and the corners from any cross street intersecting the subject street. Contractor shall obey all laws governing the operation of the sweepers on a public street and shall perform its operations so that sweepers are traversing their routes in the normal direction of traffic. b. Contractor shall furnish all materials, labor, supervision and equipment necessary to perform all work required for regularly scheduled sweeping of all public streets in the City at the frequency and within the time frames described in this Exhibit. Within 90 days of the Effective Date, Contractor shall adopt a City approved street sweeping schedule that follows the City approved refuse collection schedule, including adjustments for Holidays. Exceptions resulting from equipment breakdowns shall be immedi ately reported to the City with a catch-up schedule.
c. Contractor shall also provide an annual 200 -hour time bank for unscheduled sweeping and related services or as otherwise assigned by the City upon one (1) Work Day’s notice. Contractor shall make reasonable efforts to respond to emergency incidents including vehicle accidents, illicit discharges, and other emergencies within two hours or best effort depending on the severity of the incident.
2. Maps. Contractor shall provide the Street Sweeping Service route maps to the City Representative upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in a format that can be posted to the City website.
3. Sweeping Method. Unsweepable items that impede sweeping, such as palm fronds, rocks, trash and debris shall be removed from the sweeping path and properly disposed of by the operator rather than driving around them. Items that impede sweeping and are immovable such as co nstruction debris, boulders and impaired vertical or horizontal clearance by tree limbs shall be reported to the City immediately for correction. Contractor is not responsible for areas missed due to parked cars or other personal property .
Sweeper operators shall immediately report to Contractor and the City all Illicit Discharges observed during routes. Contractor shall train all operators to recognize Illicit Discharges and stormwater pollution sources prior to work as street operators a nd annually thereafter, using City -approved training materials. Such training shall be documented and made available for review by the City.
In areas where drainage is a problem, Contractor shall make as many passes as necessary to remove debris from standing water. In addition, all sand, dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street during the swe eping operation. If standing water is over the top of curb, then Contractor shall not be required to sweep that specific area. Sweeper operators shall report all areas with drainage problems to Contractor and City on a monthly basis, or as deemed appropriate by Contractor.
4. Standards of Service . All areas swept under this Agreement shall be thoroughly cleaned. All debris shall be picked up by the sweeper unit and disposed of at Contractor's expense as outlined in this Exhibit.
Sweeping shall include the removal of all sand, gravel, dirt, litter, vegetation, and all other debris that accumulates between sweeps. Curb lines shall be swept along both sides of the roadway, or to the edge of pavement where no curb exists, along all curbs on raised medians, over all portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. Sweeping normally require one pass over an area. Contractor shall make additional passes or make such extra effort required to adequately 165
clean the street to the satisfaction of the City. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept path. The service standards may be reviewed and modified as conditions warrant to maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to City.
5. Water.
a. Contractor shall obtain water services from the appropriate water utility or City for the water necessary in the street sweeping operation and use sufficient water to prevent dust arising during sweeping operations. City will provide map of preferred hy drant locations to Contractor to be used whenever feasible. Where feasible, Contractor shall use reclaimed or recycled water. The cost of the water shall be borne by City.
b. When possible, Contractor shall use reclaimed or tertiary recycled water. c. Contractor shall not discharge liquid waste from the sweeper units onto City streets or into the storm drain system.
d. Washing of sweepers on City property is prohibited. Any and all washing of sweeper units shall be compliant with Section 16.03. Contractor shall implement best management practices when loading water into the street sweepers to prevent any overflow/pota ble water discharges into the storm drain system.
6. Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than five (5) miles per hour in residential areas and ten (10) miles per hour in residential and commercial areas when sweeping or when the sweeper brooms are down, unless Contractor can demonst rate that the sweeper can operate efficiently and safely at a higher speed. City will use industry standards, Environmental Protection Agency information, and the sweeper manufacturer’s recommendations on the speed of sweepers when considering greater speeds.
7. Width of Sweeper Path. Contractor shall sweep all curb miles and all bike lanes with all brooms down, unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path width. The path shall begin at the face of the curb and include the flow line of th e gutter. Unless blocked by parked cars, Garbage Carts, Recycling Carts, or Organics Carts the face of the curb and gutter shall always be included within the sweeper path. On those residential streets with no curb, the width of th e sweeper path shall be not less than eight (8) feet measured from the edge of the pavement toward the center of the street.
8. Street Sweeping Frequency.
a. Residential Streets.
i) Contractor shall provide Street Sweeping Service for each Curb Mile of residential streets and alleyways in the City once every other week November through January and once every month February through October on a scheduled route basis. However, in those instances where the scheduled Street Sweeping Service day falls on a Holiday, Contr actor shall adjust the route schedule as set forth in Article 5. This specifically includes all public residential streets within the City limits. ii) Contractor is not required to provide Street Sweeping Services for private residential streets within the City limits, but may contract to provide such services directly with a Home Owners Association on mutually agreeable terms and conditions; provide d that Contractor agrees to indemnify, defend, and hold harmless the City and its officials, employees and agents from any damages or claims arising in any manner from such services.
b. Commercial Streets. Contractor shall provide Street Sweeping Service for each Curb Mile of commercial streets in the City once per week on a scheduled route basis. However, in those instances 166
where the scheduled Street Sweeping Service day falls on a Holiday, Contractor shall adjust the route schedule as set forth in Article 5.
c. Parking Lots. Contractor shall provide Street Sweeping Service for each Curb Mile of designated parking areas shown in this Exhibit 11 in the City as indicated on a scheduled route basis. However, in those instances where the scheduled Street Sweeping Service Day falls on a Holiday, Contractor shall adjust the route schedule as set forth in Article 5.
d) Change in Frequency. The City may direct Contractor to change the frequency of street sweeping for any City street. Contractor shall implement City -directed changes in frequency within fifteen (15) Work Days of receipt of written notice from the City Re presentative to adjust sweeping frequency. Any such changes under shall be treated as City-directed changes under Section 33.3.
9. Street Sweeping Hours of Service.
a. Residential Streets. Contractor shall provide Street Sweeping Service on residential streets and alleyways commencing no earlier than 6:00 a.m. and terminating no later than 10:00 p.m. Monday-Friday.
Street Sweeping Services shall take place five days per week. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. Sweeping in residential areas shall be coordinated with Collection Services to ensure that sweeping occurs after collection of all Carts has been completed on a specific street. b. Commercial Streets. Contractor shall provide Street Sweeping Service on commercial streets and major arterials no earlier than 8:00 p.m. and terminating no later than 6:00 a.m., Sunday-Thursday. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative.
c) Downtown Area. Contractor shall provide Street Sweeping Service on downtown area streets or other areas designated by the City no earlier than 10:00 pm and terminating no later than 6:00 a.m. Sunday - Thursday. The hours, days, or both of service may be e xtended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. The City may restrict Street Sweeping hours in the downtown area or other areas where noise or traffic negatively affects the surrounding neighborhoods.
d) Other Areas. Designated collector, arterial streets and City facilities may also be swept on Saturdays between the hours of 7:00 a.m. and 7:00 p.m. upon approval of the City. e) Street Changes. City and Contractor acknowledge that it may be necessary or desirable to add or delete City streets for which Contractor will provide Street Sweeping Services or to temporarily modify sweeping schedules. City will provide notice of any such changes to Contractor which may be caused by the following:
i) Construction or development on or along a street.
ii) Pavement maintenance activities, including the chip seal program or the slurry seal program. iii) Inclement weather when running water renders sweeping ineffective. iv) Special sweeping on alternative schedule.
v) Other legitimate reasons that make sweeping impractical as determined by the City Representative. vi) Street Additions. As new streets are constructed and accepted by City, City may, at City’s sole option, designate such streets as part of the Service Area for the purposes of Street Sweeping Services. If the City Representative designates such streets as part of the Service Area, Contractor shall provide Street 167
Sweeping Service on such streets under the terms and conditions of this Agreement within fifteen (15) Work Days of receipt of written notice from the City Representative to begin service. Any changes under this section shall be treated as City-Directed changes under Section 33.3.
10. Street Deletions. City may require some City streets to be temporarily or permanently removed from the list of scheduled streets for which Contractor provides Street Sweeping Service under this Agreement.
Contractor shall immediately cease providing Street Sweeping Service to any City Street upon receipt of written notice from the City Representative to stop such service. When a City Street has been temporarily removed from the list of scheduled streets, Contractor shall resume Street Sweeping Service on such street in the next regularly scheduled cycle following the receipt of written notice from the City Representative to resume service.
11. Revised Maps. Contractor shall revise the Street Sweeping Service route maps to show the addition or deletion of City Streets as provided above and shall provide such revised maps to the City Representative upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in a format that can be posted to the City website.
12. Parking Restrictions. The City will provide written notice to Contractor of any streets where permit parking may impact scheduled Street Sweeping Service. Contractor may be required to adjust sweeping schedules to sweep prior to the permit parking restrictions. Changes to parking restriction shall be consider a change in scope.
13. Adverse Weather Conditions. Because of varying rain conditions throughout the City, Contractor may verbally request permission from the City Representative to cancel sweeping during heavy and persistent rainstorms within the Service Area. Contractor may cancel sweeping only with the prior consent of the City Representative.
14. Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the street surface. If, in the course of performing Street Sweeping Services, any suspected Hazardous Waste is encountered, Contractor shall immediately report the location to the City R epresentative, and any other responsible agency.
15. Disposal of Sweep Waste. Contractor shall transport and deliver all Sweep Waste to designated Bins or areas at a City facility or the approved transfer station facility. If approved by the Organics Processing Facility, Contractor will collect all Bins containing Sweep Waste and d eliver to an Organics Processing Facility in a manner that meets AB 939 or other waste diversion requirements established per CalRecycle.
In the event the facility is closed on a Work Day or is otherwise unable to accept the Swe ep Waste, Contractor shall transport and deliver the Sweep Waste to such other legally permitted facility approved by the Agreement Administrator. Sweep Waste recycling and processing shall be by agreement between the Contractor and the City and shall not be calculated as part of the annual diversion rate required in Article
19. Notwithstanding the foregoing, Contractor shall not be responsible for the transportation, processing or disposal of Exempt Waste that may be found in city street sweepings, and the City shall retain all such responsibility.
16. Spillage.
a) During hauling, all Sweep Waste shall be contained, covered and enclosed so that leaking, spilling and blowing of the Sweep Waste is prevented. Contractor shall be responsible for the immediate clean- up of any spillage caused by Contractor.
b) Equipment oil, hydraulic fluids, or any other liquid or debris resulting from Contractor’s operations or equipment must be covered immediately with an absorptive material and removed from the street surface. Contractor must document spillage in the Wast e Reporting System and notify City’s stormwater compliance coordinator within two (2) hours of any spills resulting from Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent and 168
cleaning technique to the street surface to provide adequate cleaning as approved by the City’s stormwater compliance coordinator to be compliant with the City’s stormwater permit. c) The above paragraphs notwithstanding, Contractor must clean up any spillage caused by Contractor within two (2) hours upon notice from the City. If City deems necessary, Contractor must engage third- party environmental clean-up specialist to remove any equipment oil, hydraulic fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean -up specialist to perform addit ional clean-up work at the expense of Contractor.
d) To facilitate such cleanup, Contractor’s vehicles must at all times carry sufficient quantities of petroleum absorbent materials along with a broom and shovel.
17. Street Sweeping Service Routes.
a. Not less than ninety (90) Calendar Days prior to commencement of Street Sweeping Services, Contractor shall submit to the City Representative, Service Area maps precisely defining the Sweeper Routes for review and approval by the City Representative. The route maps shall include the days of the month sweeping shall occur, the sweeping schedules in adjacent areas, the areas of the City to be swept, the start and finish of each route, the location of each dumpsite, and any special needs such as early starts, and late finishes.
b. The City Representative may provide written comments on the preliminary maps to Contractor no later than thirty (30) Work Days after receipt of the maps from Contractor. Contractor shall revise the maps to reflect such comments and return them to the City Representative within thirty (30) Work Days after receipt of the City Representative’s comments.
c. Upon approval by the City Representative of the final Sweeper Route maps, Contractor shall develop and maintain the Sweeping Routes on a computerized mapping system that is compatible with City’s mapping system to the extent possible. Street Sweeping maps provided to the City shall be in a format that is suitable for posting to the City website. In addition, the scheduled Street Sweeping day for each Residential and Commercial Service Recipient shall be recorded as part of the Contractor’s Service account database provided to the City in the Waste Reporting System. d. Service Route Changes.
i. Contractor shall submit to the City Representative, in writing, any proposed route change (including maps thereof) not less than forty -five (45) Calendar Days prior to the proposed date of implementation. Such changes shall also be reflected in Contractor’s printed route maps. ii. The City Representative may provide written comments to Contractor on such proposed change no later than ten (10) Work Days after receipt of the proposal from Contractor, and Contractor shall revise the routes to reflect such comments and return them to t he City Representative within ten (10) Work Days of receipt of such comments.
iii. Contractor shall not implement any route changes without the prior written approval of the City Representative. If the approved route change will change the day on which Street Sweeping Service will occur, Contractor shall notify the affected Service Reci pients of route changes not less than thirty (30) Work Days before the proposed date of implementation in a manner approved by the City Representative.
18. Other City Sweep Service.
a. If during the Term, circumstances exist that require work associated with the Street Sweeping Service program that is not specifically provided for in this Agreement, the City Representative may require 169
Contractor to perform such other associated work (“OAW”). Any changes under this section shall be treated as City-directed changes under Section 33.3 to the extent that the requested services are not included in the time bank provided in E8.01.1.2.
b. When Contractor performs OAW, the labor, materials, and equipment used in the performance of such work shall be subject to the prior written approval of the City Representative. c. Examples of OAW that Contractor may be required to perform include: performance of special sweeps, flood clean -up, street sanitation for parades and celebrations, City requested clean -up services, and any contingency where sweeper and supporting sweeper equipment could assist in a particular instance.
d. Emergency street sweeping service. If during the hours of the Contractor’s street sweeping operations, the Police Department or Public Works Department may call for street sweeping after vehicle(s) have been removed from an automobile accident. The Collec tor will make every effort to respond to the accident site within 20 minutes of request and sweep the site of debris that is acceptable for this type of sweeper. There will be no additional compensation to the Collector for this service.
19. Street Sweeping Quality of Work . The standards of performance which Contractor is obligated to meet are those good street sweeping practices which leave the service area in a debris and dirt -free condition and using sufficient water to avoid airborne dust arising from equipment operatio n.
20. Street Sweeping Equipment.
a) General Provisions. All Street Sweeping Service equipment used by Contractor in the performance of services under this Agreement shall be of a high quality and of the vacuum type in conformance with California Air Resource Board (CARB). The collection v ehicles shall be designed and operated so as to prevent Collected materials from escaping from the collection vehicles. Hoppers shall be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing or falling from the collection vehicles.
b) Clean Air Vehicles. Contractor may not use any Street Sweeping vehicle that is more than ten (10) years old during the term of the Agreement. Collection vehicles must utilize low carbon (“alternative”) fuel, which includes renewable diesel, biodiesel, c lean diesel, hydrogen, ethanol, methanol, natural gas, renewable natural gas, propane, P -series fuels, and electric. During the Term, to the extent required by law, Contractor shall provide its Street Sweeping vehicles to be in full compliance with all Applicable Laws, including State and Federal clean air requirements that are adopted or proposed to be adopted, including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be contained in California C ode of Regulations, title 13, sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations and all other applicable air pollution control laws.
c) Vehicle Noise Level. All Street Sweeping operations shall be conducted as quietly as possible and must comply with Applicable Laws, including Federal EPA noise emission regulations, currently codified at Code of Federal Regulations, Title 40, Part 205.
d) Reserve Equipment. Contractor shall have available to it, at all times, reserve collection and Street Sweeping Service equipment that can be put into service and operation within three (3) hour of any breakdown. Such reserve equipment shall correspond i n size and capacity to the equipment used by Contractor to perform Contractor’s duties under this Agreement. e) All equipment shall be maintained in good mechanical condition, including brushes and brooms that shall be replaced at regular intervals. Contractor shall immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that leak or spill from equipment into the street or public right of way. 170
f) Sweepers shall be fitted with GPS tracking with all data accessible to City staff. Contractor shall furnish to the City at no additional cost or expense any software and equipment necessary for City to track the location of sweeping vehicles in real time and to generate reports as needed. g) Sweeping equipment shall not be stored in the public right of way unless mechanical failure prevents immediate removal. In the event of mechanical failure, all efforts must be made to remove the equipment from the public right of way as soon as possible . The City must approve any overnight storage in public right of way. Contractor may enter into optional Storage Agreement with City to store Sweeper equipment at City facility. In the absence of such Storage Agreement with City, sweeping equipment shall not be stored on City Property.
h) All equipment is subject to inspection by the City at any time. i) All sweepers shall have an operational strobe and back-up alarm and shall conform to all City, Solano County, State and Federal safety requirements.
21. Staffing. All Street Sweeper operators shall abide by the requirements set forth in ARTICLE 23 of this Agreement.
22. Communication.
a) Contractor shall have direct communication with all sweeping operators in the field utilizing radios or cellular telephones. Each sweeper operator shall have the ability to communicate verbal information immediately to City staff, Police and Fire Depart ment personnel, residents, and to report illicit storm water discharges and hazardous street or drainage conditions to the City. Contractor shall also report missed routes and citizen complaints and resolution to the City on a weekly basis, when applicable . b) Contractor shall supply a 24 -hour message telephone number to the City Traffic Engineer so that the City can notify Contractor of traffic counter installations. c) Drivers shall be aware of their locations in order to raise their brooms and avoid destruction of traffic counter cables. Contractor shall use due diligence to avoid traffic counter cables.
23. Deficiencies and Corrections . The City may also make regular unannounced inspections of Street Sweeping locations if a swept area is deemed to be below acceptable performance standards, the substandard section shall be re-swept within one (1) Work Day of notification. Contractor shall re-sweep at their own expense. The City shall be notified of the completed re-sweep.
24. Designated City Parking Areas. The designated parking areas for street sweeping are City Hall Front Lot - Civic/CH/PD
City Hall back lot Civic/CH/Yacht Club
City Hall side lot Civic/CH/Mike Day
Virgil's Lot (end of Lotz)
Driftwood Drive Lot
Library Lot
Geopp Park Lot
Sports complex Lot
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Almond Street Lots
Kroc Center Lots (Front and Back)
Community Center Lot
Boat Ramp Lot
North Basin Lots (along Main Street)
25. Heavy Leaf Residential Streets. Street sweeping will be conducted weekly during leaf season on the designated residential heavy leaf street. The designated residential heavy leaf streets are:
Almond street
Bay Street
Driftwood Drive from Civic to Josiah
Kellogg Street from Solano to Cordelia
Solano Street from Main to Kellogg
Lotz Way from Civic to Josiah
Whispering Bay Lane from Driftwood to Francisco
Josiah Circle from Lotz to Whispering Bay
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0 EXHIBIT B
M
AXIMUM RATE SCHEDULE
173
0 174
0 175
Spanish and Tagalog versions of this Notice are available upon request – please contact: [email protected]
Spanish Tagalog
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY
REGARDING PROPOSED INCREASES TO THE CITY’S MAXIMUM RATES
FOR SOLID WASTE SERVICES
Dear Suisun City Property Owner of Record:
NOTICE IS HEREBY GIVEN that the City Council (City Council) of the City of Suisun City (City) will hold a Public Hearing to consider increasing the rates (Rates) charged to residential and commercial/industrial customers for the collection, transfer, transportation, recycling, processing , and disposal of solid waste (Solid Waste Services) as follows:
DATE: September 16, 2025
TIME: 6:30 p.m., or as soon thereafter as the matter may be heard
PLACE: Suisun City Council Chambers,
701 Civic Center Blvd., Suisun City, CA 94585
The Public Hearing will be conducted in accordance with California Constitution Article XIII D, Section 6 (also known as Proposition 218). This Notice is being sent to record owners of properties in the City that are subject to the Rates. As a result, you may receive duplicates of this Notice.
All interested persons are invited to attend the Public Hearing. The City Council will hear and consider all written and oral comments regarding the proposed Rates at the Public Hearing. In the absence of a majority protest (see below), the City Council may adopt the proposed Rates set forth in this Notice or may adjust the Rate increases as provided so long as the adopted Rates do not exceed the Rates set forth in this Notice.
INFORMATION ABOUT THE PROPOSED RATES
Background: The City Council previously determined that Solid Waste Services are to be performed by a private company under an exclusive Franchise Agreement. The City’s exclusive Franchise Agreement with Republic Services was originally approved by the City Council on June 25, 1991, and there have been three contact amendments to date. In April 2022, an Interim Memorandum of Understanding (Interim MOU) was agreed to extend the term of the Franchise Agreement, and both parties agreed to renegotiate in good faith the full Franchise Agreement within five years of the signing of Interim MOU. The Interim MOU was required to ensure the City complied with the new State imposed Senate Bill (SB) 1383 requirements for sorting of organic waste materials from the regular waste stream and complying with specified processi ng requirements, to address other State recycling requirements, and to address the cost differentials due to “China Sword” issues. China Sword issues include former end-of- stream outlets no longer agreeing to accept the volume of the recycling stream from the United States.
The completion of the renegotiation of the City’s Franchise Agreement with Republic Services (dba Solano Garbage) has resulted in a change in the garbage rates. The rate change culminates in a 12.07% increase for residential and commercial /industrial services. For residential rates, this is an increase of $5.93 per month. A new option of a smaller -sized solid waste container (65 gallon) would result in an increase of $0.43 per month. Residential services included in the new Franchise Agreement include the following:
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• Two (2) Bulky Waste pick-ups per year.
• 65-gallon option for solid waste cart.
• Holiday Tree Collection service.
• Two (2) paper shredding events per year.
• “Sharps” mail back program (one mail back per year).
• Two (2) extra bags of trash after Christmas (residential only). • Batter drop-off program at City Hall.
• Recycling buy-back center at the Republic Services facility. • Two (2) compost giveaway events per year.
• Curbside used motor oil & filter collection service.
• White Goods (appliance) drop-off program.
• Household Hazardous Waste (HHW) drop-off program.
• Batteries, Oil, Paint, and Antifreeze (BOPA) drop-off program. • E-waste drop-off program.
• Two (2) HHW & Extended Producer Responsibility drop-off events (commercial only).
The proposed Rates are shown in Exhibit “A” hereto. The proposed Rates include charges for weekly residential service and commercial/industrial service based on size of containers and frequency of service, as well as special charges for optional services including bin rental. Residential services are billed quarterly and commercial/industrial services are billed monthly.
Basis upon which the proposed Rates were calculated: The proposed Rates will compensate Republic Services for the costs of providing Solid Waste S ervices, including all labor, equipment, material, supplies, supervision and all other items necessary to perform the work and provide the services described in the proposed amended Franchise Agreement. The proposed Rates reflect additional costs that will be incurred by Republic Services under the amended Franchise Agreement, including, without limitation, the increased costs of complying with SB 1383 and the SB 1383 Regulations.
If approved by the City Council, the initial Rate increases will become effective on October 1, 2025. In addition, beginning January 1, 2027 , without holding additional public hearings, each cost component of the Rates may be adjusted on a yearly basis each January 1 based on the actual increase in the Consumer Price Index (CPI) and the Index that shall be used shall be the series CUSR0000SEHG, Water and Sewer and Trash Collection Services in U.S. city average, all urban consumers, seasonally adjusted, for the twelve-month (12-month) period ending June 30 prior to the rate year anniversary date for changes in the Consumer Price Index (CPI) for the twelve month period from July to June.
Therefore, the first rate adjustment, effective January 1, 2027, will be based on the percentage change in the CPI for the average value from July 1, 2025 through June 30, 2026, compared to the average CPI value from July 1, 2024, through June 30, 2025, rounded to the nearest hundredth of a percent.
In any year that the calculation of the CPI exceed s five percent (5%), the total adjustment for that year will equal five percent (5%) and any excess may be added to the rate adjustment percentage in the following year or any subsequent year, provide the total adjustment in any year shall not exceed the annual 5% cap. If the CPI is negative (after accoun ting for any applicable rollover percentages from prior year, there will be no CPI adjustment for that year. Annual rates will not be subject to decreas e should the CPI be negative.
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ABILITY TO PROTEST
At the Public H earing, the City Council will hear and consider all objections or protests to the proposed Rates. Any record owner of property subject to the Rates and any tenant that is directly liable for paying for Solid Waste Services (each, a “customer”) may submit a written protest against the proposed Rates. If a parcel has more than one customer, only one written protest against the proposed Rates will be counted in determining the existence of a majority protest against the proposed Rate s. A majority protest will exist if at the end of the Public H earing, there are written protests submitted (and not withdrawn) by a majority of the customers subject to the proposed Rate s. The City Council cannot adopt the proposed Rates if a majority protest exists.
How to Submit a Written Protest. To be counted in determining the existence of a majority protest against the proposed Rates, a protest must: (1) be in writing, (2) identify the parcel subject to the proposed Rate s (by Assessor’s parcel number or service street address), (3) state opposition to the proposed Rates, and (4) include the name and original signature of the customer submitting the protest.
Written protests may be delivered in-person to the City Clerk during the Public Hearing. Written protests may also be submitted prior to the Public Hearing by mail or personal delivery to the Office of the City Clerk at 701 Civic Center Blvd., Suisun City, CA 94585 . Protests that are mailed or delivered to the Office of the City Clerk must be received (not postmarked) at City Hall prior to 12:00 p.m. on September 16, 2025, to be counted. Emailed and faxed protests will not be accepted.
Additional information regarding the proposed Rates may be obtained from the City’s Public Works Department at (707) 421-7340 or 701 Civic Center Blvd., Suisun City, California. Additional information and a copy of this Notice is also available on the City of Suisun City’s website at www.suisun.com (search for Prop 218).
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EXHIBIT “A”
SOLID WASTE RESIDENTIAL AND COMMERCIAL/INDUSTRIAL RATES(1) (1) Not all fees included in the rate structure shown above constitute “property-related fees” subject to the majority protest process under Proposition 218. The City has nonetheless provided the full proposed rate schedule in furtherance of public transparency.
.
Exhibit A - 1
1/1/2019
Solid Waste RES rate 64/65 gallon can -$ 12.07% 0.43$ 49.54$ Solid Waste RES rate 95/96 gallon can 49.11$ 12.07% 5.93$ 55.04$ Suisun City Residential Rates
Rates Effective 10/1/2025
Rates Effective
1/1/2025 % Rate Increase Increase Amount Rates Effective 10/1/2025
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EXHIBIT “A”
SOLID WASTE RESIDENTIAL AND COMMERCIAL/INDUSTRIAL RATES(1)
(1) Not all rates identified above constitute “property-related fees” subject to the majority protest process under Proposition 218. The City has nonetheless provided a full schedule of all fees in furtherance of public transparency.
Exhibit A - 2
Effective Rates
1/1/2019
P/U Rates Effective Rates Effective
Per Week 1/1/2025 10/1/2025
1 33.30$ 37.32
2 60.80$ 68.14
Trailer Park and Apts. 3 91.21$ 102.22
(curbside 32 gal can) 4 121.64$ 136.32
5 152.01$ 170.36
1 85.70$ 96.04
2 171.38$ 192.07
96 gal cart 3 257.08$ 288.11
4 342.78$ 384.15
5 428.50$ 480.22
1 92.40$ 103.55
2 184.82$ 207.13
65 gal cart (Food waste) 3 277.23$ 310.69 4 369.66$ 414.28
5 462.03$ 517.80
Extra 54.24$ 60.79
Suisun City Commercial/Industrial Rates
Rates Effective 10/1/2025
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EXHIBIT “A”
SOLID WASTE RESIDENTIAL AND COMMERCIAL/INDUSTRIAL RATES(1)
(1) Not all rates identified above constitute “property-related fees” subject to the majority protest process under Proposition 218. The City has nonetheless provided a full schedule of all fees in furtherance of public transparency.
Exhibit A - 3
43,466.00$
1 330.05$ 369.89$
2 610.79$ 684.51$
3 888.13$ 995.33$
2 CY Bin 4 1,167.43$ 1,308.34$
5 1,421.82$ 1,593.43$
Xtra PU 86.97$ 97.47$
1 463.32$ 519.24$
2 854.25$ 957.36$
3 1,218.95$ 1,366.08$
3 CY Bin 4 1,596.96$ 1,789.71$
5 1,920.30$ 2,152.08$
Xtra PU 110.08$ 123.37$
1 596.25$ 668.22$
2 1,151.25$ 1,290.21$
3 1,564.40$ 1,753.22$
4 CY Bin 4 2,084.76$ 2,336.39$
5 2,560.11$ 2,869.12$
Xtra PU 142.72$ 159.95$
1 708.17$ 793.65$
2 1,346.82$ 1,509.38$
3 1,917.60$ 2,149.05$
5 CY Bin 4 2,516.03$ 2,819.71$
5 3,056.94$ 3,425.91$
Xtra PU 170.37$ 190.93$
1 792.75$ 888.43$
2 1,532.90$ 1,717.92$
3 2,241.17$ 2,511.68$
6 CY Bin 4 2,871.87$ 3,218.50$
5 3,500.87$ 3,923.43$
Xtra PU 184.55$ 206.83$
3 days box 270.76$ 303.44$
1 974.94$ 1,092.62$
2 1,849.65$ 2,072.90$
3 2,717.71$ 3,045.74$
7 CY Bin 4 3,604.43$ 4,039.48$
5 4,479.57$ 5,020.25$
Xtra PU 206.96$ 231.94$
Rates Effective Rates Effective
1/1/2025 10/1/2025
20 yd box MSW $659.49 739.10$
25 yd box MSW $699.47 783.89$
30 yd box MSW $739.44 828.69$
40 yd box MSW $779.47 873.56$
20 yd box Metal & Wood $559.55 627.09$
25 yd box Metal & Wood $595.12 666.95$
30 yd box Metal & Wood $628.38 704.22$
40 yd box Metal & Wood $666.12 746.53$
20 yd box YW (Organics) 616.79 691.23$ 25 yd box YW (Organics) 652.36 731.10$ 30 yd box YW (Organics) 685.62 768.37$ 40 yd box YW (Organics) 723.36 810.67$ Less than 30 Yd Compactor $799.40 895.88$
30 yd - 39 Yd Compactor $999.31 1,119.92$
> 40 Yd Compactor $1,199.09 1,343.82$
Extra Day Charge (IND) $58.51 65.57$
County Delivery Charge $108.93 122.08$
Relocation $107.47 120.44$
Over 2 tons $97.70 109.50$
Over 2 tons (YW Organics) 129.01 144.58$ Same Day Service 292.33 327.62$
Lock Bar Installation 22.98 25.75$ Lock Bar Service 100.32 112.43$
Extra Yard - Comm 43.92 49.22$ Contamination - Comm 167.38 187.59$ Special
Charges
Compactor
Suisun City Commercial/Industrial Rates
Rates Effective 10/1/2025
Per Week
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3072885.3
CITY OF SUISUN CITY
PUBLIC HEARING ON PROPOSED
SOLID WASTE AND RECYCLING SERVICE RATE ADJUSTMENTS
SEPTEMBER 16, 2025
1. Open Public Hearing.
Mayor: “This is the time and place set for a public hearing on the proposed adjustments to the City’s solid waste
and recycling service rates. May we have a report on
the noticing of the public hearing from the City Clerk?”
City Clerk: “Let the record show that the notice of the hearing was given as required by law. Notice of the public
hearing was mailed to all property owners of record
whose parcels receive solid waste and recycling
services from the City’s solid waste hauler franchisee
and to tenants who are directly responsible for
payment of the solid waste and recycling service rates
at least 45 days prior to the date of the public
hearing.”
2. Staff Report.
Mayor: “The City Council will consider the proposed
adjustments to the solid waste and recycling service
rates in connection with entering into a Second
Amended and Restated Franchise Agreement with
the City’s solid waste hauler franchisee, Solano
Garbage Company d/b/a Republic Services of
Fairfield. May we have the report on the proposed
rate adjustments and franchise agreement?”
Staff: [Gives report]
3. Council Questions.
Mayor: “Do any members of the City Council have any
questions for Staff?”
Councilmembers: [Ask questions]
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3072885.3
4. Public Testimony.
Mayor: “Now is the time for public testimony. The City Council will hear and consider all objections or protests to the proposed adjustments to the solid waste and
recycling service rates from any interested person.
Any property owner of record whose parcel receives
solid waste and recycling services from Republic and
any property tenant that is directly responsible for
payment of solid waste and recycling service rates
may submit a written protest against the proposed
rate adjustments. Written protests must be received
prior to the end of the public hearing in order to be
counted in determining whether there is a majority
protest against the proposed rate adjustments. The
City welcomes oral testimony at the public hearing but
only written protests will be counted in determining
the existence of a majority protest.
Only one written protest per parcel, filled by the
record owner of the parcel or a tenant who is directly
liable for paying for solid waste and recycling
services, will be counted in determining the existence
of a majority protest. A majority protest will exist if at the end of the public hearing written protests are
submitted and not withdrawn which represent a
majority (50% plus one) of the parcels subject to the
proposed rate adjustments.
As a reminder, a valid written protest must state
opposition to the proposed rate adjustments, identify
which parcel the protest is for, and include the name
and signature of the person signing the protest.”
Mayor: [Calls on members of the public ]
Mayor: “This is the final opportunity to submit a written protest. If you have a written protest, please provide it to the City Clerk at this time.”
5. Close Public Hearing.
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3072885.3
Mayor: [After waiting to see if anyone submits a
protest] “I now declare the public hearing closed
and request the City Clerk to tabulate the written
protests that have been submitted and not withdrawn
prior to the end of the public hearing.”
6. Tabulation of Written Protests; Discussion on Franchise Agreement and Proposed Rate Adjustments; and Determination of Whether Majority Protest Against the Proposed Rate Adjustments Exists.
Mayor: “While the City Clerk tabulates written protests, we will have Council discussion on the matter.” [Mayor
calls on Council Members]
[After Council discussion] “Has the City Clerk
competed tabulating the written protests?”
City Clerk: “The City received written protests against the proposed rate adjustments representing ___parcels
out of a total of __________ parcels. The number of
written protests [][do not] constitute a majority
protest.”
7. Consideration of Resolution Approving the Proposed Rate Adjustments and Franchise Agreement (if there is no majority protest).
Mayor: “Because there is not a majority protest, would
someone like to make a motion to approve the
proposed rate adjustments and franchise
agreement?”
Any Council Member: “I move to adopt A RESOLUTION OF THE CITY OF
SUISUN CITY COUNCIL APPROVING
ADJUSTMENTS TO THE SOLID WASTE AND
RECYCLING SERVICE RATES; APPROVING A
SECOND AMENDED AND RESTATED FRANCHISE
AGREEMENT WITH SOLANO GARBAGE
COMPANY d/b/a REPUBLIC SERVICES OF
FAIRFIELD; AND TAKING RELATED ACTIONS.”
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3072885.3
185
9/11/2025
1 Suisun CityProposed Republic Services Franchise AgreementSeptember 16, 2025 AGENDA1.Negotiations Process2.Services & Terms3.Rates4.Recommendation1 2 186
9/11/2025
2 BackgroundExclusive franchise with Solano Garbage Company dba Republic Services of Suisun City began June 25, 1991.New Franchise Agreement began March 17, 1998, amended February 5, 2009, and March 2, 2015.Exclusive License Agreement for Recycling began March 17, 1998.In response to SB 1383, the City and Republic entered into a Solid Waste Memorandum of Understanding on April 5, 2022, ending June 30, 2027, or the date a Restated Hauling Agreement is executed, whichever is sooner.
Senate Bill (SB) 1383:Sets statewide mandates for organics recovery effortsBuilds on prior law to incrementally reduce disposal of organic wasteRequires all generators to be provided organic waste recycling servicesIncludes edible food recovery WHAT ARE ORGANICS?→Food scraps→Green waste →Landscape & pruning→Organic textiles/carpets→Paper products →Printing/writing paper →Untreated lumber→Wood →Manure→Digestate →Biosolids →SludgesCurrent Legislation3 4 187
9/11/2025
3 Current ServicesWeekly refuse, recyclables, and organics curbside collection for residential and commercial customers and at City facilitiesOne annual on-call bulky waste collection pick-up Current ProgramsRecycling Buy-Back CenterCoupon in exchange for use of the buy-back centerCompost Giveaway Events – 2x/yrMotor Oil Curbside Collection Program (SFD)Motor Oil Drop-Off ProgramWhite Goods (Appliance) Drop-off program Household Hazardous Waste Drop-Off Program 5 6
188
9/11/2025
4 Negotiations ProcessCity Council approved an Agreement with R3 Consulting Group to develop a new modern solid waste Franchise Agreement and lead negotiations with Republic.Negotiations began September 25, 2024, and were completed in June 2025.The parties initially identified 35 potential deal points for consideration and pricing.Over the subsequent nine months, these options were priced and negotiated down to the 10 new programs or services with the largest benefit to customers.
New Programs and ServicesPaper Shredding Events – 2x/yr65-gallon option for trash carts (SFD)Increased from 1 annual bulky waste pick-up to 2 annual bulky pick-ups (SFD)Holiday Tree Collection (SFD)Bagged compost will be available at compost pick-up eventsSharps Mail-Back Program 7 8
189
9/11/2025
5 New Programs and ServicesHHW / EPR Collection Events – 2x/yr Two extra bags of trash after Christmas (SFD)Battery Drop-Off ProgramFormalized more opportunities for free replacement of broken and damaged carts (1 of each cart type every 10 years)Added an abandoned waste collection program funding mechanism Key Agreement TermsInitial 10-year term to June 30, 2035Two-five-year extensions at City’s sole discretionAn initial 18-month rate freezeRates adjusted by Water, Sewer, and Trash (a sub-index of CPI)Annual rate adjustment cap of 5% if CPI is above 5%, with the balance rolled-over to next rate yearSB 1383 compliance 9 10
190
9/11/2025
6 Key Agreement Terms (cont.)Republic will provide up to 30 tons of compost annually for giveaway events Administrative charges for non-performanceDetailed recordkeeping and reporting requirementsReimbursement to the City for costs for negotiations ($70,000) Residential Collection Rates
New Rates Increase Amount% Rate IncreaseCurrent Rates$ 49.54$0.4312.07%64/65-gal cart$ 55.04$ 5.9312.07%$ 49.1195/96-gal cart11 12 191
9/11/2025
7 Sample Commercial RatesProposed Rates Current Rates P/U Per Week$ 369.89$ 330.051$ 684.51$ 610.792$ 995.33$ 888.1332-CY Bin$ 1,308.34$ 1,167.434$ 1,593.43$ 1,421.825$ 97.47$ 86.97extra P/U$ 519.24$ 463.321$ 957.36$ 854.252$ 1,366.08$ 1,218.9533-CY Bin$ 1,789.71$ 1,596.964$ 2,152.08$ 1,920.305$123.37$110.08extra P/U RecommendationAdopt Resolutions Authorizing: ⎻Approval of revised rates, effective October 1, 2025⎻Execution of new Franchise Agreement13 14 192
9/11/2025
8 Suisun CityProposed Republic Services Franchise AgreementSeptember 16, 202515 193
THIS PAGE INTENTIONALLY LEFT BLANK
194
AGENDA ITEM NO. 10.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
AGENDA ITEM:
Council Adoption of Resolution No. 2025-__: Authorizing the City Manager to Execute the Second Amendment of the Public-Private Partnership (PPP) Agreement for ALS First Responder Emergency Services by and among the Cities of Fairfield, Benicia, Dixon, Vallejo, and Suisun City (Member Cities) and Medic Ambulance Service, Inc.
FISCAL IMPACT:
The quarterly payment to Suisun City will increase to $65,147.10 (previously $62,044.86), the payments will total $260,588.40 for 7/2025 to 4/2026. July 2026's payment will be $21,715.70.
STRATEGIC PLAN:
Public Safety
BACKGROUND:
Since 2000, Medic Ambulance Service, Inc. has been an authorized provider of ALS services within Solano County under Health and Safety Code section 1797.224 pursuant to a Master Services Agreement entered into with the Solano Emergency Medical Services Cooperative (SEMSC). In connection with entering into the Master Services Agreement, Medic Ambulance Service, Inc. also entered into the PPP Agreement with the participating Member Cities, under which these cities have provided ALS first response emergency service to their communities in order to improve the quality and level of emergency medical services.
STAFF REPORT:
The Member Cities have negotiated with Medic Ambulance Service, Inc and since the cost-of-service delivery has increased, they have agreed to pay the Member Cities a 5% CPI increase through the Second Amendment. Suisun City's portion of the contract represents an additional $12,408.96 per quarter.
The Solano Emergency Medical Services Cooperative (SEMSC) has an active RFP published to award the contract for exclusive operating rights for ambulance services in Solano County. The RFP closes on October 10th and awards are expected by the end of year. Implementation is anticipated to begin May 1, 2026. Until the new operator is in place, we must extend the current PPP
STAFF RECOMMENDATION:
It is recommended that City Council adopt Resolution No. 2025-__ Authorizing the City Manager to execute the Second Amendment of the Public Private Partnership (PPP) Agreement for Advances Life Support (ALS) First Responder Emergency Services by and among the Cities of Fairfield, Benicia, Dixon, Vallejo, Suisun City (Member Cities) and Medic Ambulance Service, Inc.
DOCUMENTS ATTACHED:
1 .
Council Adoption of Resolution No. 2025-__: Authorizing the City Manager to Execute the Second Amendment of the Public-Private Partnership (PPP) Agreement for ALS First Responder Emergency Services by and among the Cities of Fairfield, Benicia, Dixon, Vallejo, and Suisun 195
City (Member Cities) and Medic Ambulance Service, Inc
2 .
2nd Amendment to the Public-Private Partnership (PPP)
PREPARED BY:
Brad Lopez, Fire Chief
REVIEWED BY:
Brad L. Lopez, Fire Chief
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Resolution No. 2025-__: Authorizing the City Manager to Execute the Second Amendment of the PPP Agreement for ALS First Responder Emergency Services by and among the Member Cities and Medic Ambulance Service, Inc.
2. 2nd Amendment to the Public-Private Partnership (PPP) 196
RESOLUTION NO. 20 25-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT OF THE PUBLIC-PRIVATE PARTNERSHIP (PPP) AGREEMENT FOR
ALS FIRST RESPONDER EMERGENCY SERVICES BY AND AMONG THE CITIES OF
FAIRFIELD, BENICIA, DIXON, VALLEJO, AND SUISUN CITY (MEMBER CITIES) AND MEDIC AMBULANCE SERVICE, INC.
WHEREAS, the City of Suisun City Fire Department provides first response paramedic service in cooperation with Medic Ambulance Service, Inc.; and WHEREAS, as part of the Master Agreement between the Solano Emergency Medical Services Cooperative (SEMSC) Joint Powers Authority and Medic Am bulance Service, Inc. for exclusive ambulance services, Medic Ambulance Service, Inc. is required to enter into a PPP Agreement with those cities wishing to participate; and WHEREAS, the City of Suisun City, along with the Cities of Benicia, Dixon, Vallejo and Fairfield are current parties (Member Cities) to the PPP Agreement; and WHEREAS, the First Amendment expired on April 30th, 2025 and the Member Cities have worked collaboratively with Medic Ambulance Service, Inc on an extension to get us through the SEMSC RFP and award implementation process; and
WHEREAS, the Second Amendment to the PPP Agreement extends the term of the agreement through May 1, 2026 and provides a 5% CPI increase for the Member Cities.
NOW, THEREFORE, be it here resolved by the City Council of Suisun City the Second Amendment to the Public-Private Partnership Agreement and authorizes the City Manager to do all things necessary to implement this resolution and execute the agreement on behalf of the City.
PASSED AND ADOPTED at a regular meeting of said City Council held on Tuesday, the 16th day of September 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 16th day of September 2025.
Anita Skinner,
City Clerk
197
SECOND AMENDMENT TO PUBLIC PRIVATE PARTNERSHIP AGREEMENT FOR ALS
FIRST RESPONDER EMERGENCY SERVICES
This Second Amendment to the Public Private Partnership Agreement for ALS First Responder Emergency Services, dated April 30, 2010, and hereafter referred to as the PPP Agreement, is entered into on this _____day of _____________, 2025 by and among Medic Ambulance Service, Inc., a California corporation (“Medic”) and the Cities of Benicia, Dixon, Fairfield, Suisun City and Vallejo which are all existing parties to the PPP Agreement (the “Participating Member Cities”).
RECITALS
1. Since 2000, Medic has been an authorized provider of ALS services within the Solano County EMS system under Health and Safety Code section 1797.224 pursuant to a written agreement (the “Master Agreement”), entered into with the Solano Emergency Medical Services Cooperative (“SEMSC”). In connection with entering into the Master Agreement for such services, Medic also entered into a Public Private Partnership Agreement with the Participating Member Cities (except the City of Suisun City) under which these cities have provided ALS first response emergency service to their communities in order to improve the quality and level of emergency medical services.
2. On May 1, 2010, Medic commenced a new county-wide exclusive contract for Emergency Ambulance Services (the “2010 Master Agreement”). The 2010 Master Agreement between SEMSC and Medic required Medic to enter into a new, updated Public Private Partnership Agreement with the Participating Member Cities (except the City of Suisun City). The PPP Agreement was entered into on May 1, 2010 to reflect the conditions at that time and to enhance the delivery of emergency medical services in Solano County.
3. In January 2021, Amendment No. 1 to the PPP Agreement implemented changes to the PPP Agreement that both Medic and the Participating Member Cities found necessary and desirable to achieve the purposes of the partnership. In addition, Amendment No. 1 to the PPP Agreement added the City of Suisun City as a Participating Member City and a party to the PPP Agreement.
4. The 2010 Master Agreement, as amended, and the PPP Agreement were set to expire on April 30, 2025. Pursuant to an amendment extending the 2010 Master Agreement, SEMSC granted Medic an extension of the PPP Agreement from April 30, 2025 to May 1, 2026 (“Medic’s Extension Period”).
5. There have been increases in the demands for the delivery of emergency medical services in Solano County since Amendment No. 1 to the PPP Agreement was executed, including a significant increase in the level of medical calls required to be responded to by Medic and the Participating Member Cities.
5. This Amendment No.2 will increase the Value of Unit Hour to the Participating Member Cities by 5% for the duration of Medic’s Extension Period. 198
AGREEMENT
NOW THEREFORE, the parties agree to amend the PPP Agreement as follows:
1. Section 5(e)(ii) of the PPP Agreement is hereby amended to read:
“The value of Medic’s annual dollar allocation to the Public Private Partnership shall be calculated according to the formulas below on the corresponding effective dates:
May 1, 2025: $168.70 (Value of Unit Hour) x 25,748 hours (Unit Hour Reduction) =$4,343,834.04 (Cost Savings)
(“Annual Dollar Allocation”)”
2. This Amendment No. 2 shall become effective May 1, 2025.
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date first written above.
MEDIC AMBULANCE SERVICE, INC., a
California corporation
By:
Title: President / COO
CITY OF FAIRFIELD, a municipal corporation
By:
Title:
CITY OF BENICIA, a municipal corporation
By:
Title:
CITY OF VALLEJO, a municipal corporation
By:
Title:
CITY OF DIXON, a municipal corporation
By:
Title:
City of Suisun City, a municipal corporation
By:
Title:
199
Exhibit C
Quarterly Payments to the Participating Member Cities of the Annual Dollar Allocation
Payment Dates 7/15/2025 10/15/2025 1/15/2026
Benicia $95,749.06 $95,749.06 $95,749.06
Dixon $76,902.03 $76,902.03 $76,902.03
Fairfield $369,079.61 $369,079.61 $369,079.61
Vallejo $395,545.44 $395,545.44 $395,545.44
Suisun City $65,147.10 $65,147.10 $65,147.10
Total $1,002,423.24 $1,002,423.24 $1,002,423.24
Payment Dates 4/15/2026 7/15/2026
Benicia $95,749.06 $31,916.35
Dixon $76,902.03 $25,634.01
Fairfield $369,079.61 $123,026.54
Vallejo $395,545.44 $131,848.48
Suisun City $65,147.10 $21,715.70
Total $1,002,423.24 $334,141,08
Total $4,343,834.04
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AGENDA ITEM NO. 11.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
AGENDA ITEM:
Council Adoption of Resolution 2025-___: Authorizing the City Manager to Enter into a Maintenance Services Agreement on the City’s Behalf with Precision Concrete Cutting for Sidewalk Grinding Services.
FISCAL IMPACT:
There would be no impact on the General Fund from this purchase. Costs for this work, which will span three (3) Fiscal Years, will come from Gas Tax Funds and Risk Management Funds. Costs for each Fiscal Year with be not-to-exceed (NTE) amounts: FY25-26 NTE $89,600, FY26-27 NTE $50,000, and FY27-28 NTE $50,000. This results in a total contract cost of $189,600.
STRATEGIC PLAN:
Provide Good Governance; Ensure Public Safety
.
BACKGROUND:
The City contains approximately 152 miles of concrete sidewalk. The property owner fronting sidewalks areas is responsible for the maintenance and upkeep of said sidewalk. The City owns multiple properties and facilities throughout the City and is responsible for sections of sidewalk that front these properties and facilities. A best practice for sidewalk maintenance includes grinding down of lips and offsets in concrete sidewalk squares. Locations have been identified as part of the City's ADA Executive Summary Self-Evaluation and Transition Plan.
STAFF REPORT:
In June 2025, the City contracted with Precision Concrete Cutting (PCC) to perform sidewalk grinding services in the Downtown area of the City. This work was accomplished to the City’s satisfaction. Areas still remaining that need to be addressed. Staff is proposing to continue to utilize PCC’s services in grinding down sidewalk lips and offsets within sidewalk areas that are maintained by the City.
PCC is part of PLAN JPA and as a result their cost per sidewalk mile for grinding services has been vetted and accepted by PLAN JPA. This allows the City to proceed with contracting with PCC without going out to bid.
Staff recommends that the City Manager be authorized to enter into a construction contract with Precision Concrete Cutting for three (3) Fiscal Years of grinding services.
STAFF RECOMMENDATION:
Council Adoption of Resolution 2025-___: Authorizing the City Manager to Enter into a Maintenance Services Agreement on the City’s Behalf with Precision Concrete Cutting for Sidewalk Grinding Services.
DOCUMENTS ATTACHED:
1 .
Council Adoption of Resolution 2025-___: Authorizing the City Manager to Enter into a Maintenance Services Agreement on the City’s Behalf with Precision Concrete Cutting for Sidewalk Grinding Services.
2 .
Precision Concrete Cutting Quote.
201
PREPARED BY:
Amanda Dum, Management Analyst II
REVIEWED BY:
Nouae Vue, Public Works Director & City
Engineer
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Precision Concrete Grinding Resolution
2. Precision Concrete Cutting Quote
.
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RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MAINTENANCE SERVICES AGREEMENT ON THE CITY’S BEHALF WITH PRECISION CONCRETE
CUTTING FOR SIDEWALK GRINDING SERVICES
WHEREAS, Suisun City (City) includes approximately 152 miles of concrete sidewalk ; and
WHEREAS, the property owner fronting any given section of concrete sidewalk is responsible for its maintenance; and
WHEREAS, the City owns multiple properties/facilities throughout the City and is responsible for the sidewalk area fronting these properties/facilities; and
WHEREAS, it is in the best interest and safety of the residents of the City to practice “best practice” procedures which include grinding sidewalk lips and offsets that may cause a section of sidewalk to present an uneven surface within the sections of sidewalk that are within the City’s right of way and responsibility; and
WHEREAS, Precision Concrete Cutting provides concrete grinding services and is an approved member of PLAN JPA; and
WHEREAS, as a member of PLAN JPA the cost for services has been verified and established as the lowest bid for these services; and
WHEREAS, Precision Concrete Cutting performed satisfactory grinding services in Fiscal Year 2024-25; and
WHEREAS, funding is available through Gas Tax funds as well a s through Risk Management funds ensuring this work is funded for a minimum of the next three (3) Fiscal Years; and
WHEREAS, staff has determined it is in the best interest of the City and its residents to enter into a contract with to work with Precision Concrete Cutting to provide sidewalk griding services for the next three (3) Fiscal Years with the estimated contract amounts for each year in a not-to-exceed amount of $89,600 for FY25-26, $50,000 for FY26-27, and $50,000 for FY27-28.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to enter into a maintenance services agreement on behalf of the City with Precision Concrete Cutting for sidewalk grinding services in a not-to-exceed amount of $189,600 for the next three (3) Fiscal Years.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 16th day of September 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
203
WITNESS my hand and the seal of said City this 16th day of September 2025.
Anita Skinner
City Clerk
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AGENDA ITEM NO. 12.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
AGENDA ITEM:
Council Adoption of Resolution No. 2025-__: Authorizing the City Manager to Sign a Revised Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA).
FISCAL IMPACT:
The public/private provider model allows access to the Public Provider Ground Emergency Medical Transport (PP-GEMT) Program. The PP-GEMT provides an add-on-increase to the fee-for-service for Medi-Cal plans. This is a significant revenue stream, estimated in excess of $5 million annually, that private ambulance providers do not have access to. This additional revenue will be used to ensure 911 system sustainability and generate more revenue to enhance EMS delivery to the citizens of Fairfield and the rest of Solano County. This will also ensure that the City of Fairfield will continue to receive the $1.4 million to provide paramedic services that the city is receiving through the current Public Provider Partnership (PPP) agreement with Medic Ambulance.
Provisions of the JEPA require Fairfield to hold in a 6-month operating reserve. The operating reserve is intended as a stop-gap reserve should there be any reduction in revenue to the system. It will also serve to cover costs during any future transitions away from SCFE should the contract be lost in the future. The operating reserve will be funded from revenues beyond expenditure.
To receive PPGEMT funds, SEFC must front-load costs and seek reimbursement from the State of California. This creates a deficit of operating revenue at startup. The City of Fairfield, as the JEPA administrator, may be required to lend SEFC monies. The JEPA provides a provision that allows Fairfield to recoup any startup costs. If Fairfield is successful in obtaining the SEMSC contract, any need to loan money to SEFC will be presented to Council at the time of contract approval. Staff, with assistance from AP-Triton and Medic Ambulance, has developed a conservative financial model to anticipate future revenue. The model anticipates the City of Fairfield recouping any startup costs within 12 to 14 months of operations.
Finally, all costs to pay Medic Ambulance for their fee as the subcontracted emergency ambulance transportation service provider will be paid from proceeds of SEFC operations. A final contract, including costs of service for Medic Ambulance, will require City Council approval prior to commencement of service. The costs associated with Medic Ambulance are withheld from this and other staff reports since the current SEMSC RFP process is open and competitive. Disclosing any specific financial information at this time could imperil Fairfield and SEFC from submitting a competitive bid against any prospective private party competitors.
STRATEGIC PLAN:
Public Safety.
BACKGROUND:
In March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP 209
Triton to conduct a comprehensive Emergency Ambulance Services Transportation & Optimization Study in Solano County. AP Triton is the leading industry expert in this field. AP Triton released its findings and recommendations to the cities in November of 2022.
AP Triton recommended exploring an ambulance subcontracting model, which could maintain the existing high level of service and improve sustainability for ambulance services in the areas being served. The recommended model is referred to as an alliance model, or a public/private provider model, where a managing lead public agency subcontracts with an ambulance service provider to provide ambulance transportation services. The primary benefit to this model is that it allows access to the Public Provider Ground Emergency Medical Transport (PP-GEMT) Program.
PP-GEMT provides an add-on-increase to the fee-for-service for Medi-Cal plans. This is a significant revenue stream available through the State of California that private ambulance providers are not eligible to participate in. The additional revenue, estimated at more than $5 million annually, may fund additional 911 system services to enhance emergency medical service delivery across Solano County.
The intent of negotiations for the alliance model was to include all cities, except for Vacaville (Vacaville manages their own ambulance service area along with the Vacaville Fire Protection District), as well as the Dixon Fire Protection District, East Vallejo Fire District, Montezuma Fire Protection District, and Suisun Fire Protection District on request from the County of Solano. The structure is formalized through a Joint Exercise of Powers Agreement for Emergency Ambulance Services (JEPA) and referred to as “Solano County Fire and EMS” or “SCFE”.
The effort was established to respond to a Request for Proposals (RFP) for Countywide Emergency Ambulance Services for the Exclusive Operation Area within Solano County. The RFP, and oversight of countywide ambulance services, is administered by the Solano Emergency Medical Services Cooperative (SEMSC), a Joint Powers Authority established in 1996, as the recognized emergency medical services agency under Health and Safety Code 1797.50.
In December 2023, the Fairfield City Council authorized a JEPA under Resolution 2023-292. The JEPA specifies various terms of the agreement, including:
Establishes Fairfield as the lead agency responsible for administering SCFE.
Creation of an Executive Committee consisting of the city managers of the participating jurisdictions to provide financial, operational, and service coordination amongst the participants.
Creation of a Technical Advisory Committee comprised of Fire Chiefs of the participating jurisdictions to advise on operational requirements.
Management responsibilities for the City of Fairfield as SCFE administrator and responsible party under contract with SEMSC.
Provisions for withdrawal, termination, and dissolution of SCFE, as well as limitations of liability and legal authority provided under the JEPA.
Fairfield, as lead agency, is also responsible for maintaining a subcontract with an ambulance transportation service provider. On December 16, 2024, the Fairfield City Council adopted Resolution 2024-296 approving a Tentative Agreement with Medic Ambulance Services, Inc. to provide medical transport subcontract services.
STAFF REPORT:
In July 2025, SEMSC released a competitive RFP process to select the next countywide emergency 210
In July 2025, SEMSC released a competitive RFP process to select the next countywide emergency ambulance services provider. Responses to the RFP are due October 10, 2025. Fairfield is currently preparing a response to the SEMSC RFP, and if selected, is responsible for maintaining service in compliance with requirements of the SEMSC Exclusive Operation Area.
Since adoption of the initial JEPA, both the City of Vallejo and the East Vallejo Fire Protection District, represented by the County of Solano (referred to hereon as East Vallejo), are the only agencies to have not ratified the JEPA. They have sought amendments to provisions with which they do not agree.
Through additional negotiations, Vallejo and East Vallejo have requested changes to the management structure of the agreement, the process for identifying expenditure of funds collected by SCFE, administration fees for the City of Fairfield, and other terms generally related to management of the contract with SEMSC. Fairfield has engaged with both agencies to seek terms acceptable to all parties.
Vallejo has requested to be included in the current draft form of the JEPA. Unfortunately, East Vallejo has not requested inclusion as of the drafting of this report.
To proceed with the JEPA in a timely manner, and to be responsive to the SEMSC RFP, staff find some amendments to the JEPA acceptable.
The proposed amended JEPA is agreed upon by the cities of Benicia, Dixon, Rio Vista, Suisun City, and Vallejo. The currently proposed version of the JEPA removes the all of the Fire Protection Districts (exclusive of Cordelia District which contracts with the City of Fairfield for services), which are now all represented by the County of Solano (the County of Solano has sought to consolidate all Fire Protection Districts for purposes of gaining efficiencies of operation and financing of fire protection in unincorporated areas of the county – a process which is underway with Solano LAFCO).
Staff recommend adopting the version of the JEPA attached to this report. It provides Fairfield with sufficient funding to manage the SEFC on an annual basis, provides for the ability for Fairfield to recoup all costs of responding to the SEMSC RFP, and ensures a structure that benefits all participating agencies. One new provision is a severability clause for parties that do not ratify the JEPA. If any party to the JEPA fails to ratify the JEPA within 60 days of an award of the SEMSC contract for countywide services, then the remaining parties to the JEPA may proceed under the terms of the JEPA.
STAFF RECOMMENDATION:
Staff recommends to adopt resolution and authorize the City Manager to sign the revised Join Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA).
Alternative Action
City Council may choose not to authorize the city manager to sign the JEPA. However, doing so at this time would invalidate prior efforts and costs of pursuing the JEPA. Additionally, it may risk the City’s opportunity to maintain funds currently provided through the Public Provider Partnership currently received from Medic Ambulance, the current private Countywide service provider.
DOCUMENTS ATTACHED:
1 .
Council Adoption of Resolution No. 2025-__: Authorizing the City Manager to Sign a Revised Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA).
2 .
2025-08-24 JEPA Draft Revised.docx.
211
PREPARED BY:
Brad Lopez, Fire Chief
REVIEWED BY:
Brad Lopez, Fire Chief
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Resolution
2. JEPA Draft
.
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RESOLUTION NO. 20 25-
AUTHORIZING THE CITY MANAGER TO SIGN A REVISED JOINT EXERCISE OF
POWERS AGREEMENT FOR THE PROVISION AND MANAGEMENT OF
EMERGENCY AMBULANCE SERVICES (JEPA).
WHEREAS, in March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Fairfield, and Suisun City hired AP Triton to conduct a comprehensive ambulance transportation study in Solano County; and
WHEREAS, AP Triton recommended exploring an ambulance subcontracting model, which could maintain a high level of service and improve sustainability for the ambulance provider and the areas being served; and
WHEREAS, the City Council of the City of Suisun City adopted Resolution 2023-152 in December 2023 approving a prior version of a Joint Exercise of Powers Agreement for the provision and management of Emergency Ambulance Services (JEPA) which is herein referred to as Solano County Fire & EMS, or SCFE
WHEREAS, the various Fire Protection Districts, represented by the Solano County Board of Supervisors, has chosen to not approve the JEPA and instead sought additional modifications to the agreement, some of which the City of Fairfield finds not in the best interest of Fairfield as the managing agency of SCFE under the JEPA; and
WHEREAS, the various Fire Protection Districts, represented by the Solano County Board of Supervisors, has chosen to not approve the JEPA and instead sought additional modifications to the agreement, some of which the City of Fairfield finds not in the best interest of Fairfield as the managing agency of SCFE under the JEPA; and
WHEREAS, in July 2025, the Solano Emergency Medical Services Cooperative (SEMSC), a Joint Powers Authority established in 1996, as the recognized emergency medical services agency under Health and Safety Code 1797.50, released a competitive Request for Proposals (RFP) to select the next contractor to provide countywide emergency medical services; and WHEREAS, proposals for the RFP are due Oct ober 10, 2025, thereby necessitating the finalization and approval of a revised JEPA by parties interested in participating in the agreement to provide services through a public/private partnership and gain eligibility to access funding from the State of California Public Provider Ground Emergency Medical Transport (PP-GEMT) Program; and WHEREAS, the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, and Vallejo have agreed in principal to the terms of a revised JEPA, attached hereto as Attachment A, and incorporated by reference, whereby the parties desire to maximize use of existing resources, create cost saving opportunities, reduce duplication of services, and provide emergency medical and other associated services at a high level for the communities they serve by contracting with the SEMSC to provide emergency ambulance services through a written subcontract with a private ambulance service provider; and
WHEREAS, approval of the JEPA by this Resolution establishes the City of Fairfield as SCFE Manager, responsible for the management, administration, and oversight of day -to-day operations of SCFE and all services, programs, and contracts required under the JEPA; and 213
Resolution No. 2018-111
Adopted December 4, 2018
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WHEREAS, if awarded a contract by the SEMSC, additional actions will require City Council authorization, including, but not limited to, a contract with SEMSC, a formal contract with Medic Ambulance Services, Inc. with terms for the provision of services in compliance with the SEMSC contract requirements, a loan to SEFC for startup cost s, and any other actions requiring formal Council action.
NOW, THEREFORE, be it here resolved by the City Council of Suisun City hereby authorizes the city manager to execute the Joint Exercise of Powers Agreement for the provision and management of Emergency Ambulance Services..
PASSED AND ADOPTED at a regular meeting of said City Council held on Tuesday, the 16th day of September 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 16th day of September 2025.
Anita Skinner,
City Clerk
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4925-4083-9254.1 013398.020 Page 1 of 15
JOINT EXERCISE OF POWERS AGREEMENT FOR THE PROVISION AND
MANAGEMENT OF EMERGENCY AMBULANCE SERVICES
This Joint Exercise of Powers Agreement (“Agreement”), is entered by and among the City of Fairfield, the City of Vallejo, the City of Benicia, the City of Dixon, the City of Rio Vista, and the City of Suisun City (the “City Parties”), (individually a “Party,” and collectively, the “Parties”).
WITNESSETH:
WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5 of the California Government Code, two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, each of the Parties is a “public agency” as that term is defined in Section 6500 of the California Government Code; and
WHEREAS, pursuant to Sections 54980-54983 of the California Government Code, each of the Parties is empowered to enter agreements with the other Parties for the perfor mance of firefighting and ambulance services and functions within each of the Parties’ territories; and
WHEREAS, pursuant to Section 38794 of the California Government Code, each of the City Parties is empowered to contract for ambulance services to serve their residents as convenience requires; and
WHEREAS, pursuant to the Revenue Bond Law of 1941, Title 5, Division 2, Part 1, Chapter 6 of the California Government Code , each of the Parties is empowered to acquire, construct, improve, lease, operate, maintain, repair, staff, or manage, as an enterprise, all parts of, and appurtenances to, an ambulance service; and
WHEREAS, pursuant to Sections 14105.94, 14105.945, 14129, and 14129.3 of the California Welfare and Institutions Code and the State Plan Amendment 22 -015 to the State of California’s Medicaid State Plan Under Title XIX of the Social Security Act Amendments of 1965 (Public Law 89 -97), as may be amended from time to time, each of the Parties is eligible to participate in the P ublic Provider Ground Emergency Medical Transport Intergovernmental Transfer (“PP-GEMT IGT”) Program and receive increased reimbursements for the provision of ground emergency medical transport services to Medi-Cal beneficiaries; and
WHEREAS, pursuant to Sections 1797.230 and 1797.231 of the California Health and Safety Code, each of the Parties is empowered to contract with a county to provide emergency ambulance services, in whole or in part, through a written subcontract with a priv ate ambulance service, provided that such written subcontract is awarded pursuant to a competitive bidding process consistent; and
WHEREAS, the Parties desire to maximize use of the existing resources, create cost saving opportunities, reduce duplication, and provide medical and other emergency services at a high 215
4925-4083-9254.1 013398.020 Page 2 of 15
level of service for the communities they serve by contracting with the County of Solano (“County”) to provide emergency ambulance services, i n whole or in part, through a written subcontract with a private ambulance service; and
WHEREAS, the Parties desire to accomplish the aforesaid purpose by jointly exercising their common powers in the manner set forth in this Agreement.
NOW, THEREFORE, the Parties, for, and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as Follows:
I. Purpose.
A. The purpose of this Agreement is for the Parties to jointly exercise their common powers to provide, contract for, manage, equip, maintain, and operate ambulance services and EMS as contractors of County utilizing a private ambulance service and fire agency subcontractors. Such purpose shall be accomplished, and common powers exercised, in the manner set forth in this Agreement.
B. The Parties may use the designation “Solano County Fire & EMS ” or “SCFE” to identify the provision of the services provided under this Agreement . The use of such designation shall not be deemed to create a separate legal entity or to change the liabil ity or the contractual obligations of the Parties under this or any other agreements.
C. All pre -existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.
II. Administration.
A. The duties set forth in this Section II of the Agreement shall be conducted by an administrative entity to be known as the “Executive Committee.”
1. The members of Executive Committee shall consist of:
i. The City Managers of each of the six (6) City Parties; ii.
iii.
2. The Executive Committee shall be advised by a Technical Advisory Committee on service delivery, recommend changes to the SCFE operation, and recommend allocation of capital reserve funds for the reinvestment of SCFE net revenues, which shall consist of:
i. The Fire Chiefs of each of the Parties;
ii. A representative from County’s local EMS agency; and 216
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iii. A representative from SCFE’s private ambulance service subcontractor.
3. The Executive Committee shall meet at least once (1) per quarter in a publicly noticed meeting accessible to the general public, and may meet as needed more often.
4. A simple majority of the Executive Committee shall constitute a quorum.
5. Actions related to SCFE services, exclusive of any financial matters, shall require a majority vote. In the event of a tie vote by the Executive Committee, the City of Fairfield City Manager, as the representative of SCFE Manager (as that term is defined in section III.A., below), shall resolve the deadlock by casting an additional determinative vote.
6. Actions re lated to SCFE financial matters, including but not limited to budgeting and disposition of net revenues , including eligible expenditures of the capital reserve funds as defined in Section III.I.4 , and recommendations to the Parties regarding amendments to this Agreement, shall require a two-thirds vote of the Executive Committee.
7. The Parties acknowledge and agree that the Executive Committee is not a “legislative body,” a separate legal entity, or a joint powers agency or authority, partnership, joint venture, or joint enterprise of any kind.
B. The Executive Committee and Technical Advisory Committee shall advise and consult SCFE Manager (as that term is defined in section III.A., below), as necessary, on matters impacting or related to SCFE’s ambulance services or County’s EMS system, including, but not limited to, the following:
1. Ambulance deployments, facilities, unit distribution, staffing levels, subcontracts, equipment, and other operational aspects of SCFE’s ambulance services;
2. Funding for, and reinvestment of net revenues from, SCFE’s ambulance services;
3. Clinical performance issues and quality improvement programs for SCFE’s ambulance services and the Parties’ first responder EMS; and
4. County EMS system integration and SCFE ambulance service delivery innovation.
III. Management.
A. The City of Fairfield shall serve as the “SCFE Manager” and manage, administer, and oversee day -to-day operations of SCFE and all services, programs, and contracts required under this Agreement.
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B. SCFE Manager shall enter all agreements, engage all subcontractors and consultants, as necessary, and take all actions necessary to effectuate the purposes of this Agreement and the SCFE services and programs set forth herein.
C. SCFE Manager shall comply with the requirements and expectations of this Agreement, as well as all applicable federal, state, and local laws, regulations, and rules.
D. SCFE Manager shall coordinate and cooperate with each Party regarding the performance of services within their respective jurisdiction.
E. The Executive Committee shall advise and consult SCFE Manager regarding services for, or special projects performed on behalf of, any Parties.
F. SCFE Manager shall provide financial and general services to the SCFE for the term of the Agreement, including accounts payable, acquisitions, contracting, and procurements, , billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services as neces sary to effectuate the purposes of this Agreement.
G. SCFE Manager may enter subcontracts to perform the financial and general services in this Section III.E.
H. SCFE Manager shall charge SCFE an annual fee of One Million Dollars ( $1,000,000.00) for administering this Agreement and the SCFE services and programs set forth herein (“Administration Fee”). The Administration Fee shall be adjusted each subsequent year by the percentage increase/decrease in the Consumer Price Index, All Urban Consumers for Medical Care (U.S. city average) (1982- 1984=100) (“Medical CPI ”). The Parties acknowledge and agree that the Administration Fee and any subsequent Medical CPI increases or decreases represent the reasonable cost to SCFE Manager providing administrative services to SCFE. Every three (3) years, no later than 30 days after the anniversary of the effective date of this Agreement, the SCFE Manager shall provide a report to the Executive Committee to ensure that the Administration Fee correctly demonstrates the costs of managing, administering, and overseeing day -to-day operations of SCFE and all services, programs, and contracts, required under this Agreement.
I. SCFE Manager shall operate SCFE and account for all payments, revenues, reimbursements, expenditures, disbursements , credits, and debits through an enterprise fund (i.e., a fund established to account for operations financed and operated in a manner similar to private business enterprises, where the intent of the government body is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges), which shall include the following subfunds:
1. An operations fun d equal to SCFE’s estimated annual operating expenses for the fiscal year.
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2. An operating reserve fund equal to no less than six (6) months of annual operating expenses, to be fully funded within three (3) years of implementation of ambulance services pursuant to Section IV, below, or as mutually amended by the Executive Committee pursuant to requirements of Section II.A.6 herein.
3. A risk management reserve fund equal to no less than 0.1% of SCFE gross revenues.
4. A capital reserve fund for the reinvestment of SCFE net revenues into, among other things, the following:
i. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, repair, staf fing, and/or management of all parts of, and appurtenances to, SCFE ambulance services;
ii. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, repair, staf fing, and/or management of all parts of, and appurtenances to, the Parties’ FRALS services and programs , as that term is defined in Section V;
iii. Providing financial s upport, for a public agency emergency communications center for the purpose of consolidated countywide fire/EMS dispatching services;
iv. The recruitment and retention of prehospital EMS personnel and the provision and expansion of prehospital EMS personnel traini ng and continuing education, including but not limited to coursework, patient simulators, training aids;
v. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, and/or repair of EMS durable equipment and disposable medical supplies for the Parties , such as, for example, Automated External Defibrillators (AEDs) , naloxone (Narcan), Epinephrine Auto Injectors, and Lund University Cardiopulmonary Assist System (LUCAS) devices;
vi. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, and/or repair of EMS-related information technology (IT) software, hardware, and solutions, such as, for example, electronic patient care report (ePCR) systems, apparatus mounted mobile digital computers (MDC), and automatic vehicle location (AVL) systems; vii. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, repair, staf fing, and/or management of all parts of, and appurtenances to, community paramedicine , triage to alternate destination, and other similar ambulance a nd EMS programs for the Parties;
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viii. EMS community education programs , hospital interface requirements and innovation, clinical trial participation and support, and other County EMS system requirements; and
ix. Reimbursement to City of Fairfield for all funds incurred, advanced, or otherwise contributed toward the organization, development, and startup costs of SCFE, including but not limited to costs to procure a private ambulance subcontractor, costs to develop a proposal responding to a competitive process administered by County’s local EMS agency, legal costs and expenses, and SCFE’s initial operating expenses. Any costs in excess of $100,000 shall be subject to reimbursable expenses only and requre approval of the Executive Committee before payment to City of Fairfield
J. To the extent that any special projects are performed on behalf of any Parties, such costs shall be borne by the benefiting Parties. This cost shall be offset against any revenue received by the benefiting Parties under this Agreement.
K. The Parties acknowledge and agree that SCFE Manager is not performing services as the agent of the Parties, but rather, as a service provider, and SCFE Manager does not assume any fiducia ry duties to the Parties in the performance of these financial and general services.
IV. Ambulance Services.
A. SCFE, through SCFE Manager, shall contract with the County to provide emergency ambulance services (“Ambulance Contract”) and shall provide those services, in whole or in part, through a written subcontract with a private ambulance service (“Ambulance Subcontract”) in accordance with Sections 1797.230 and 1797.231 of the California Health and Safety Code.
B. SCFE, through SCFE Manager, shall award the Ambulance Subcontract pursuant to a competitive bidding process in accordance with Section 1797.231 of the California Health and Safety Code.
C. SCFE, through SCFE Manager, may contract with third parties to provide nonemergency ambulance services.
D. SCFE, through SCFE Manager, shall invoice and collect for all emergency and nonemergency ambulance services rendered by SCFE.
E. SCFE, through SCFE Manager, shall participate in the PP-GEMT IGT Program.
F. The Parties acknowledge and agree that SCFE’s authorized service area under the Ambulance Contract shall consist of all the unincorporated and incorporated areas of County, excluding the Vacaville Fire Protection District (also known as “Zone C”), the City of Vacaville, and Travis Air Force Base.
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G. Except as otherwise provided in this Agreement, the Parties shall not:
1. Provide, furnish, operate, conduct, charge for, advertise, or engage in or profess to be engaged in the business of, emergency and nonemergency ambulance services;
2. Contract, pay, or reimburse for emergency and nonemergency ambulance services; or
3. Grant a permit, license, or franchise for emergency and nonemergency ambulance services.
V. First Responder, Advanced Life Support (FRALS) Services.
A. The Parties shall provide FRALS services within their jurisdictions 24 hours a day, 365 days a year, subject to the terms and conditions of their ALS Non -Transport Agreements with Solano County Emergency Medical Services Cooperative (“SEMSC”). The Parties providing FRALS services shall be known as the “FRALS Parties.”
B. SCFE, through the SCFE Manager, and t he FRALS Parties shall enter into a separate agreement (“FRALS Subcontract”), which shall set forth the terms and conditions of the FRALS Parties’ provision of FRALS as subcontractors of SCFE, including but not limited to provisions on the following subjects:
1. FRALS Parties’ compliance with all statutory, regulatory, and contractual requirements for FRALS services and EMT-Paramedic personnel;
2. SCFE’s resupply and restocking of disposable EMS supplies for FRALS Parties; and
3. FRALS Parties’ fees for providing FRALS services to SCFE, which shall not exceed the reasonable costs of providing such services, and all terms and conditions for such payments, such as, for example, the timing of payments by SCFE to the FRALS Parties , the allocation of FRALS payments between and among the FRALS Parties based on each Party ’s percentage of call volume, and any modifications to any of the foregoing.
VI. Effective Date.
A. The effective date of this Agreement shall be ____ and shall continue in full force and effect until terminated pursuant to Section VII, below.
B. Condition Precedent. Notwithstanding the foregoing, this Agreement shall become effective if and only upon County awarding the Ambulance Contract to SCFE.
C. Severability of Parties. Should any Party fail to sign and return an executed copy of this Agreement to the other Part ies within 60 days of County awarding the 221
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Ambulance Contract to SCFE Manager, they shall be deemed to not be a Party to this Agreement, and their names and any reference to them shall be stricken from this Agreement, however this Agreement shall continue u pon all other terms and conditions with the remaining Parties. Upon written agreement between the Parties, the 60 day deadline may be extended to any other date.
VII. Withdrawal, Termination, and Dissolution.
A. A Party may withdraw as a party to this Agreement by providing at least 18 months’ written notice. Such withdrawal shall be effective on the first day of the new fiscal year commencing 18 months after notice is provided, unless otherwise agreed to by all Parties. Such withdrawing Party shall perform all obligations and other activities and information performed or related to the services provided by the Parties under this Agreement prior to the effective date of withdrawal.
B. The Agreement shall terminate if:
1. The number of parties to this Agreement becomes less than two, or if all the parties unanimously agree to terminate the Agreement;
2. The City of Fairfield withdraws from this Agreement pursuant to Section VII, A. above, and no other Party wishes to assume the roles and responsibilities; or
3. The Ambulance Contract is terminated.
C. If the Parties have accumulated any assets relating to the services provided under this Agreement prior to termination, such assets shall be distributed among the Parties per their respective contributions, unless otherwise agreed to by all Parties.
VIII. Amendments to Agreement.
A. This Agreement may only be amended by approval of all the Parties to t his Agreement.
B. The Executive Committee may recommend an amendment to this Agreement. The Executive Committee shall forward the proposed amendment with its recommendation to the legislative body of each Party, which shall be adopted, properly executed, and returned to the Executive Committee if the Party concurs with the amendment. This Section shall not prevent the Parties from adopting an amendment to this agreement that is not recommended by the Executive Committee.
C. Agencies, as defined in the Joint Ex ercise of Powers Act , which are not parties hereto, may become Parties hereto only by amendment to this Agreement and upon approval of all the Parties to this Agreement.
IX. Miscellaneous.
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A. Notice. Whenever notice or other communication is permitted or requir ed by this Agreement, it shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail or facsimile during the recipient’s normal business hours, and if not sent during normal business hours, then on the recipient’s next business day; (iii) five (5) calendar days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next -day delivery, with written verification of receipt , and addressed as follows:
[Name]
[Title]
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
[email address]
[Name]
[Title]
City of Benicia
250 East L Street
Benicia, CA 94510
[email address]
[Name]
[Title]
City of Dixon
600 East A
Dixon, CA 94520
[email address]
[Name]
[Title]
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
[email address]
Kristina Miller
City Manager
City of Rio Vista
One Main Street
Rio Vista, CA 94571
[email protected]
[Name]
[Title]
City of Suisun City
701 Civic Center Blvd.
Suisun City, CA 94585
[email address]
A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.
B. Severability. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be co nstrued in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance.
C. Indemnification
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1. Mutual Indemnity : The Parties agree that the City of Fairfield, shall indemnify, defend and hold all other Parties, including their officers, members, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of SCFE Manager, or its officers, employees, and/or agents in the performance of its duties under the scope of work set forth by this Agreement and under all applicable federal, state and local laws, rules and regulations. The Parties further agree that each non-SCFE Manager Party shall indemnify, defend and hold the City of Fairfield harmless, including its officers, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or prope rty which result from the negligent or wrongful acts or omissions of the such non-SCFE Manager Party or its officers, members, agents and/or employees in the performance of its duties under the scope of work set forth herein and under all applicable state, federal and local laws, rules and regulations.
2. Comparative Negligence: In the event a third party claim or suit alleges concurrent negligence of SCFE Manager, its officers, employees , and/or agents, and all other Parties, their officers, employees, and/o r agents, then the liability for any and all claims for injuries and damages to persons and/or property which arise out of this Agreement shall be apportioned under the established California theory of comparative negligence as it may be modified from time to time. The Parties shall each immediately notify the other in writing upon receiving notice of a claim or suit which includes, or reasonably may include, the other party. Prior to the separate settlement of any third-party court action against both SCFE Manager and any or all of the other Parties, the settling Party or Parties shall provide written notice to all Parties and the court pursuant to Code of Civil Procedure section 877.6 of the settlement regardless of whether a confidentiality agreement has been entered into by the settling Party or Parties.
D. Legal Representation and Advice.
1. SCFE, through SCFE Manager, shall retain counsel to provide legal advice and counsel to SCFE and SCFE Manager on legal matters and issues related to this Agreement and the SCFE services and programs set forth herein .
SCFE counsel fees and expenses shall be paid from the risk management reserve fund in section III.I.3., above.
2. The Parties other than the SCFE Manager shall obtain legal advice and counsel from their respective counsel regarding legal matters or issues related to this Agreement and the SCFE services and programs set forth herein. The costs for such legal advice and counsel sha ll be borne by such other Parties.
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E. Insurance.
1. SCFE shall maintain liability insurance to meet or exceed the insurance requirements set forth by the County of Solano as specified in the Ambulance Contract. The Ambulance Subcontractor, as defined in Section IV.A. of this Agreement, shall supply evidences of coverage required under the Ambulance Contract.
2. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations.
F. Additional Document and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.
G. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors , and assigns of each of them, separately and collectively.
H. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder.
I. Assignment/Delegation. No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, which shall not be unreasonably withheld, and no assignment shall be of any force or effect whatsoever unless and until th e other parties shall have so consented.
Provided, however, that any Party may employ such consultants as it deems necessary.
J. No Third-Party Beneficiary. This Agreement is only for the benefit of the Parties as municipal or local governmental entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or party shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
K. Waiver. The failure of either party to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement in any one or more instances shall not be construed as a waiver or a relinquishment of any such terms, covenants, or conditions and all of the same shall be in full force and effect.
L. Construction of Agreement .
1. The recitals set forth above are adopted as a part of the Agreement, and the Parties acknowledge and agree that the facts set forth therein are true, accurate, and complete.
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2. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
3. The plural shall include the singular and the singular shall include the plural throughout the terms of this Agreement.
4. The Parties ac knowledge that for purposes of construing this Agreement, none of the Parties shall be deemed to be the drafter.
5. The headings in this Agreement are for convenience of reference only and are not to be used in construing or interpreting any provision of this Agreement.
M. Dispute Resolution.
1. Mediation. Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within 30 days of a request unless they mutually agree to a longer per iod.
The mediator shall be agreed to by the Parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by an agreed -upon service or parties themselves. The mediator shall be selected by a mutually agreed random selection. The cost of mediation shall be borne equally by the Parties. No Party shall be deemed the prevailing party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than 60 days, unless the 60 -day period is extended in writing by the Parties.
2. Venue. Venue for all legal actions, suits, or proceedings relative to the formation, interpretation , or performance of this Agreement shall be exclusively vested in the state courts of the County of Solano, notwithstanding the provisions of Code of Civil Procedure section 394.
3. Attorney’s Fees. In any legal action, suit, or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision of this Agreement is validly asserted as a defense, the prevailing party or parties shall be entitled to recover from the other party or parties the reasonable attorney’s fees, costs, and expenses incurred in such action, suit, or proceeding, in addition to any other relief to which the prevailing party or parties may be entitled.
N. Entire Agreement. This document is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic co py shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties. 226
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O. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute the agreement between the parties.
IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives, have executed this Agreement as of the day and year first above written:
CITY OF FAIRFIELD
_______________________________
[Name]
[Title]
_____________
Date
CITY OF BENICIA
_______________________________
[Name]
[Title]
_____________
Date
CITY OF DIXON
_______________________________
[Name]
[Title]
_____________
Date
CITY OF VALLEJO
_______________________________
[Name]
[Title]
_____________
Date
CITY OF RIO VISTA
_______________________________
Kristina Miller
City Manager
_____________
Date
CITY OF SUISUN CITY
_______________________________
[Name]
[Title]
_____________
Date
227
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228
AGENDA ITEM NO. 13.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
AGENDA ITEM:
Approval of the Samuel Goepp Park Playground Revitalization Project and Budget Adjustment:
a
.
Council Adoption of Resolution No. 2025-___: Approving the Samuel Goepp Park Playground Revitalization Project Through the Healthy Play Initiative Grant and Authorizing the City Manager to Contract with GameTime for Playground Replacement. b
.
Council Adoption of Resolution No. 2025-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2025-64 To Appropriate Funds for the Samuel Goepp Park Playground Revitalization Project.
FISCAL IMPACT:
There is no impact to the General Fund. The Project will be funded by a combination of California Parks and Recreation Society (CPRS) Statewide Program funding and City Park Development Funds. The maximum City contribution to the Project will be $125,000.
STRATEGIC PLAN:
Provide Good Governance and Enhance Environment
BACKGROUND:
In May 2025, Recreation, Parks, and Marina (RPM) Department staff attended a workshop hosted by the California Park & Recreation Society (CPRS) and playground company GameTime. The workshop introduced a funding opportunity through CPRS’s Statewide Healthy Play Initiative, which supports the replacement or development of playgrounds that promote healthy recreation throughout California. This same initiative previously helped fund the challenge course and playground replacement at Heritage Park in 2018.
After reviewing the City’s remaining Park Development Funds, the adopted Parks, Facilities, and Recreation Master Plan, and evaluating the age and use of the existing playground, staff identified Samuel Goepp Park as the strongest candidate for this funding opportunity. The park’s playground equipment has exceeded its useful life, no longer meets current physical, developmental, and safety standards, and has experienced a significant increase in use due to the adjacent Rogers Brothers Junior Giants field. The replacement of the park’s playground structure is specifically identified in the Parks, Facilities, and Recreation Master Plan. In July 2025, RPM staff submitted a funding application for playground improvements at Samuel Goepp Park.
STAFF REPORT:
In August 2025, the City was notified that its application had been selected. The grant provides a match toward the purchase of a new community playground. The City’s contribution will not exceed $125,000, covering its share of the playground cost and installation. The project will fully replace the existing playground at Goepp Park and will include improvements such a tot lot, four swings and miniature whirl.
As part of the grant award, the Goepp Park playground will be designated as a National Demonstration Site (NDS) through PlayCore’s research and advocacy program. This designation recognizes communities that are leading examples in advancing play and recreation aligned with evidence-based best practices. Benefits of becoming an NDS include national recognition through PlayCore and CPRS 229
platforms; inclusion in a national network of demonstration sites that share data, outcomes, and innovative practices; support in measuring and promoting community impact, including physical activity, inclusion, and social development outcomes; and enhanced visibility for Suisun City as a leader in providing equitable, high-quality recreation opportunities.
Designation as a National Demonstration Site not only elevates the RPM Department’s profile, but also provides long-term community benefit through research partnerships, promotional opportunities, and enhanced credibility for future funding pursuits. The Project was unanimously recommended by the Recreation, Parks, Marina, and Arts Commission at its September 3, 2025 meeting.
STAFF RECOMMENDATION:
It is recommended that City Council adopt the following resolutions:
a
.
Council Adoption of Resolution No. 2025-___: Approving the Samuel Goepp Park Playground Revitalization Project Through the Healthy Play Initiative Grant and Authorizing the City Manager to Contract with GameTime for Playground Replacement. b
.
Council Adoption of Resolution No. 2025-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2025-64 To Appropriate Funds for the Samuel Goepp Park Playground Revitalization Project.
DOCUMENTS ATTACHED:
1 .
Council Adoption of Resolution No. 2025-___: Approving the Samuel Goepp Park Playground Revitalization Project Through the Healthy Play Initiative Grant and Authorizing the City Manager to Contract with GameTime for Playground Replacement. 2 .
Council Adoption of Resolution No. 2025-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2025-64 To Appropriate Funds for the Samuel Goepp Park Playground Revitalization Project
3 .
Samuel Goepp Park Playground Revitalization Project Power Point 4 .
Statewide Initiative Recognition: Samuel Goepp Park
5 .
Funding Award Certificate
6 .
GameTime Funding Letter
7 .
Proposed Budget and Agreement
PREPARED BY:
Marvin
Mora, Management Analyst II
REVIEWED BY:
Janet Hull, Recreation, Parks and Marina
Department Director
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Reso No. 2025-
Approving the Samuel Goepp Park Playground Revitalization Project Through the Healthy Play Initiative
2. Reso No. 2025-
Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2025-64
3. Samuel Goepp Park Revitalization Project Power Point
4. Statewide Initiative Recognition - Samuel Goepp Park
5. Funding Award Certificate
6. GameTime Funding Letter
7. Proposed Budget and Agreement
.
230
RESOLUTION NO. 202 5-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY,
CALIFORNIA, APPROVING THE SAMUEL GOEPP PARK PLAYGROUND
REVITALIZATION PROJECT THROUGH THE HEALTHY PLAY INITIATIVE GRANT
AND AUTHORIZING THE CITY MANAGER TO CONTRACT WITH GAMETIME FOR PLAYGROUND REPLACEMENT.
WHEREAS, in May 2025, RPM Department staff learned of the funding opportunity through California Parks and Recreation Society’s Statewide Healthy Play Initiative; and
WHEREAS, staff identified Samuel Goepp Park as the strongest candidate for this funding opportunity based on the Parks, Facilities, and Recreation Master Plan, available Park Development Funds, and evaluation of the existing playground; and
WHEREAS, in July 2025, RPM staff submitted an application for funding, and in August 2025, the City was notified that its application had been selected for funding, with the City’s contribution not to exceed $125,000; and
WHEREAS, the project will fully replace the existing playground at Samuel Goepp Park with improvements including a tot lot, four swings, and a miniature whirl, funded by a combination of CPRS Statewide Program funding and City Park Development Funds; and
WHEREAS, as a condition of the grant award, the Samuel Goepp Park playground will be designated as a National Demonstration Site (NDS) through PlayCore’s research and advocacy program, providing national recognition, inclusion in a national network of demonstration sites, research support, and enhanced visibility for Suisun City as a leader in e quitable, high-quality recreation opportunities; and
WHEREAS, the Recreation, Parks, Marina, and Arts Commission unanimously recommended approval of the project at its September 3, 2025 meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City Approving the Samuel Goepp Park Playground Revitalization Project Through the Healthy Play Initiative Grant and Authorizing the City Manager to Contract with GameTime for Playground Replacement, with the City contribution not to exceed $125,000.
PASSED AND ADOPTED at the Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 16th day of September 2025, by the following vote:
231
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 16th day of September 2025.
Anita Skinner
City Clerk
232
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY:
Increase/
(Decrease)
TO: Park Development Fund 125,000$
Total 125,000 $
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Sources Uses
Revenue:
A/C No. 300-6520-70101 Park Development Fund -Beginning Balance 125,000 $ Appropriation:
A/C No. 300-9853-96420 Park Development Fund -GOEPP Park Revitalization Proj 125,000 $ Total Fund 300 125,000$ 125,000 $
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
WITNESS my hand and seal of the said City this 16th day of September 2025.
Anita Skinner
City Clerk
ADOPTED AND PASSED at a regular meeting of the City Council of the City of Suisun City duly held on the 16th day of September 2025, by the following vote:
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ADOPTING THE 4TH AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2025-64 TO
APPROPRIATE FUNDS FOR THE SAMUEL GOEPP PARK PLAYGROUND REVITALIZATION PROJECT WHEREAS, On June 24, 2025, the City Council adopted the Annual Appropriation Resolution No. 2025-64 to appropriate from each of the several funds of the City to each Department of the City in the amounts set forth in the Annual Budget Business and Financial Plan for Fiscal Year 2025-26.
THAT the purpose is to appropriate funds into the budget to cover cost of Samuel Goepp Park Playground Revitalization Project Through California Parks and Recreation Society’s Healthy Play Initiative Grant.
THAT the annual appropriation for the Park Development Fund is hereby amended as follows:
233
9/5/2025
1 Samuel Goepp Park Playground Revitalization Project
Master Plan
234
9/5/2025
2 Master Plan
Current visual of the Samuel Goepp Park structure
Note the dull color in the left photo of the entire structure Note the dull color of the slide as well as the deteriorating top in the right photo
235
9/5/2025
3 Deterioration creates hazards and exposes metal to natural elements Note the stairs at right that have cracked protective material over the metal, exposing it to the elements and speeding up the rusting process
Note the handlebars showing extensive use to cause the paint to be worn off and be potential slipping hazard for children on the structure
Heavy use and deterioration contribute to the overall look of the park Note the foot bridge below – the cracking creates weaknesses in the material and will be an issue in the future
Note the entrance to the slide on the right – years of use have caused discoloration and the grate material that children stand on has become spongy from heavy use
236
9/5/2025
4 Conceptuals of the New Play Structure
Proposed Amenities
Tot Lot
Small climbing structure
Youth Play Structure
Swings
Whirly Spinner (Merry-go-
Round)
237
9/5/2025
5 Two Play Structures
Tot Lot on the left
Youth Structure on the right
Two Additional Amenities
Swings for both tots and
youth
Whirly Spinner (or Merry-
go-Round)
238
Statewide
Initiative
Recognition
Report prepared July 2025 by:
C O N G R AT U L AT I O N S O N Y O U R U P C O M I N G
N AT I O N A L D E M O N S T R AT I O N S I T E
Samuel
Goepp
Suisun City, CA
239
2 PlayCore’s Center for Outreach, Research, and
Education (CORE) uses research and advocacy to
help build healthy communities through play and
recreation. CORE and our Data Service Lab
developed the Community Vitality Framework for
an evidence-based approach, grounded in
comprehensive and validated research that
organizes and communicates the seven indicators
of a vital community.
SO C IAL & EM O T IO NAL H EAL T H
Total community well -being including social, emotional, and mental wellness.
PH YS ICAL H EAL T H & L IF ES TY L E B EHA VIO RS
Health status of the community and a wide variety of health behaviors.
DI VER SIT Y , E QU IT Y & IN CL USI ON
Social determinants of health to ensure diverse, equitable, and economically balanced populations have opportunities to be healthy.
CO M M UNI TY EN G AG EM EN T
Active participation from community members to create a strong sense of connection and nurture creative opportunities for residents.
PU BL IC SER VIC ES
Factors and perceptions of the local services and public spaces.
EN VIR O NM ENT
Natural and built environments supporting health and safety which are essential to a sustainable community.
ED UCA TI ON
Participation and educational attainment of community from early childcare to adult learning.
Community Vitality
S t a t e w i d e In i t i a t i v e P r o g r a m I C P R S 2 0 2 5 Indicator
Use this recommendation to
see how your site’s outcome
data connects to the health
and vitality of your community.
Use the Community Vitality
Framework to help you tell
your impact story.
.
240
3 State Data for Impact
S t a t e w i d e In i t i a t i v e P r o g r a m I C P R S 2 0 2 5 This table provides a comparison between state and national averages. This data is summarized by different geographic scales that are defined by population size.
Your site can play a vital
role in the community by
providing a high-quality
outdoor space for physical
activity and mental reprieve
for all ages and abilities to
develop meaningful
connections.
.
Map featuring 2022 population counts by county. It was created using CORE Data Lab’s Data Explorer & Mapping tool.
Metric
Community Vitality Indicator
State
Average
National
Average
Metric Definition
Geographic Scale of Your NDS Site Area Data, Source
Adult Poor Mental Health
Social & Emotional Health 17% 17%
Percent of adults reporting poor mental health for
two weeks or more.
Census Tract, CDC1
Adult Obesity
Physical Health & Lifestyle Behaviors
30% 38% Percent of adults with obesity.
Census Tract, CDC1
Youth Disability
Diversity, Equity & Inclusion 4% 5%
Estimated number of people under age 18 with
one or more disabilities.
Census Tract, Census2
Families in Poverty
Diversity, Equity & Inclusion 9% 11%
Estimated percent of all families that live in
poverty.
Census Tract, Census3
Walkability Index
Environment
12.2 Above
Average
10 Areas with mixtures of land use and transportation
infrastructure that promote walking.
Block Group, EPA4
California was home to 39,538,223 people in
2022.
241
Based on your community’s needs, we recommend the following National Demonstration Site design best practice to address the community vitality goals identified for your site.
National Demonstration Site Design Recommendation
S t a t e w i d e In i t i a t i v e P r o g r a m I C P R S 2 0 2 5 Organization: Suisan City
Site Name: Samuel Goepp City: Suisan City, CA
Top Community Vitality Goals Identified for YOUR Site in Application:
Physical Health Outcomes: active play at a variety of challenge levels
Community Engagement Outcomes: builds a sense of community and connectivity
By organizing NDS designations around your site’s Community Vitality goals, you become equipped to turn research into practice to tell the unique story of your site’s impact.
PlayOn! Designs Encourage More Physical Activity and Enables Children to Learn New Motor Skills
Each additional play element can result in 50% more physical activity.5 Moreover, exposure to playgrounds can lead to over a 40% improvement in motor skill competencies.6
Pathways for Play Designs Educate Visitors about their Community Leading to Stronger Community Connections .
Trail users express stronger place attachment & community connectedness.12 Literary trails contribute to an understanding of the outdoor space and connects its heritage to a larger idea of the community.13 NatureGround Designs Create Opportunities to Improve Mood & Social Development through Nature Interactions
Natural playgrounds supports children’s cognitive, physical, social and emotional development.10 Natural features facilitate group play, communication, and collaboration.11
Outdoor Fitness Designs Serve as Publicly Accessible Physical Activity Spaces Which Can Increase Visit Frequency
Fitness in park settings increases recognition of parks as settings for physical activity.8 Park users moderate to vigorous physical activity can increase up to 40% after an outdoor fitness install.9I
Inclusive Designs Provides Places to Play & Recreate for All Ages and Abilities – Improving Social & Mental Health
Inclusive play spaces that fosters multigenerational interactions across all ages and abilities can support children’s independent mobility and individual social and creative skills.7
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REFERENCES
, 2023, All Rights Reserved.
PlayCore established the Center for Outreach, Research, and Education (CORE) to help communities turn research into practice by researching and advocating for the impact of play and recreation on a community’s vitality and why it’s valuable to invest in community health and wellness.
CORE Data Service Lab uses data-driven strategies specific to your community to enable actionable recommendations and personalized support, maximizing your positive impacts on your community.
For general information on the National Demonstration Site program, go to www.playcore.com/nds.
For access to your National Demonstration Site online portal, go to app.coredataservicelab.com.
For further assistance, please email [email protected]. 1Centers for Disease Control and Prevention (2020). Behavioral Risk Factor Surveillance System Survey. Available at cdc.gov/BRFSS.
2U.S. Census Bureau (2021). American community survey: Disability characteristics, S1810. Retrieved from https://data.census.gov/table?q=S1810
3U.S. Census Bureau (2021). American community survey, Selected population profile in the United States, S0201.
Retrieved from https://data.census.gov/table?q=S0201
4U.S. Environmental Protection Agency (2021). Smart location mapping: Interactive maps and data for measuring location efficiency and the built environment. Retrieved from https://www.epa.gov/smartgrowth/smart-location-mapping. 5Nelischer, C., & Loukaitou-Sideris, A. (2023). Intergenerational public space design and policy: A review of the literature.
Journal of Planning Literature, 38(1), 19-32.
6Cohen, D. A., Han, B., Williamson, S., Nagel, C., McKenzie, T. L., Evenson, K. R., & Harnik, P. (2020). Playground features and physical activity in US neighborhood parks. Preventive Medicine, 131, 105945. 7Tortella, P., Haga, M., Loras, H., Sigmundsson, H., & Fumagalli, G. (2016). Motor skill development in Italian pre-school children induced by structured activities in a specific playground. PloS one, 11(7), e0160244. 8Sibson, R., Scherrer, P., & Ryan, M. M. (2018). ‘I think it adds value, but I don’t use it’: use, perceptions and attitudes of outdoor exercise equipment in an urban public park. Annals of Leisure Research, 21(1), 58-73. 9Cranney, L., Phongsavan, P., Kariuki, M., Stride, V., Scott, A., Hua, M., & Bauman, A. (2016). Impact of an outdoor gym on park users’ physical activity: A natural experiment. Health & Place, 37, 26-34. 10Victoria Carr & Eleanor Luken (2014) Playscapes: A pedagogical paradigm for play and learning. International Journal of Play, 3(1), 69-83
11Coe, D. P., Flynn, J. I., Wolff, D. L., Scott, S. N., & Durham, S. (2014). Children’s physical activity levels and utilization of a traditional versus natural playground. Children, Youth and Environments, 24(3), 1-15. 12Moore, R. L., & Scott, D. (2003). Place attachment and context: Comparing a park and a trail within. Forest Science, 49(6), 877-884.
13Saretzki, A. (2013). Literary trails, urban space and the actualization of heritage. Almatourism –Journal of Tourism, Culture and Territorial Development, 4(8), 61-77.
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This certificate entitles
t o GameTime/CPRS Statewide Program fund ing.
Funds are awarded based on need and according to the terms outlined in the CPRS Statewide Funding Initiative application. Final funding amount will be determined once the NDS playground designs are completed, and funds will be applied to the purchase of the qualifying play system. Other terms and conditions may apply. Contact your GameTime Representative for complete details about the funds awarded to your CPRS Initiative playground and recreation project
______________________________
Robert V. Barron
Senior Vice President
FUNDING AWARD CERTIFICATE
Samuel Goepp Park
244
150 PlayCore Drive SE
Fort Payne, Alabama 35967
800.235.2440
gametime.com
July 28th, 2025
Jeff Downey
On behalf of GameTime , I wanted to personally congratulate you and your community on receiving funding from GameTime as part of the 2025 CPRS Statewide Training and Funding Initiative. Now more than ever, high-quality outdoor environments have proven to be essential to the communities we collectively serve, healing the minds, bodies, and spirits of children, families, and citizens across the state.
I’ve included a copy of a funding award certificate, and some background information on the various National Demonstration Sites that will be part of finalizing your design and project. Your specific funding award will be determined once your playground design is completed.
Again, congratulations on your upcoming project and thank you for all you do to enrich childhood and build communities through play. I look forward to seeing the impact your new National Demonstration Site has on your community!
Sincerely,
Robert V. Barron
Senior Vice President, GameTime
245
Suisun City of
Attn: Jeff Downey
701 Civic Center Boulevard, City Hall
Suisun City, CA 94585
United States
Phone: 707-421-7200
[email protected]
Ship to Zip94585
QuantityPart #Description Unit PriceAmount
1 14927GameTime - NDS Play On Sign Package
1 RDUGameTime - PT21001- Little Clipper- PrimeTime 2-5 Unit $34,197.00$34,197.00 1 RDUGameTime - Custom PrimeTime 5-12 Unit $58,339.56$58,339.56 1 325GameTime - Whirl W/ Mechanical Brake $3,683.00$3,683.00 1 RDUGameTime - Two Bay PrimeTime Swing Frame w/ (2) Belt Seats & (2) Enclosed Tot Seats $7,043.00$7,043.00 Sub Total$103,262.56
Statewide Initiative Funding Applied($47,616.20)
Estimated Freight$7,117.68
Tax$5,077.73
Total$67,841.77
Comments
NOTES:
...CMAS Contract 4-20-00-0092B...For CPRS State Initiative pricing a check for the FULL PAYMENT is due with order. Credit card or purchase orders do not qualify for this discount percentage.
...Installation and Safety Surfacing are NOT included with this proposal. ...Customer is responsible for offloading equipment at delivery. ...Anything not specifically mentioned as being included shall be deemed excluded.
Due to the market volatility of raw materials, pricing is valid for 30 days after date of quotation. All quotes must be reviewed after 30 days.
KO/mg
CHOOSE YOUR COLOR SCHEME: IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE: www.gametime.com. INDICATE YOUR SELECTION BELOW. GAMETIME PLAY PALETTE:
___________________________ NOTE: COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.
C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
08/29/2025
Quote #
118792-01-03
CA Suisun City of Geoppe Park Option 2 08.29.25