CITY COUNCIL
Alma Hernandez, Mayor
Jenalee Dawson, Mayor Pro Tem
Amit Pal, Councilmember
Parise Shepherd, Councilmember
Princess Washington, Councilmember
CITY COUNCIL MEETING
A G E N D A
REGULAR MEETING OF THE SUISUN CITY COUNCIL,
SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,
AND SUISUN CITY HOUSING AUTHORITY
TUESDAY, SEPTEMBER 16, 2025
6:30 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California
.
MEETINGS ARE HELD IN-PERSON, PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:
WEBSITE: https://zoom.us/join
MEETING ID:
869 3424 6594
CALL IN PHONE NUMBER: (707) 438-1720
REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720
(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.) (Next Ord. No. – 809)
(Next City Council Res. No. 2025 – 99)
Next Suisun City Council Acting as Successor Agency Res. No. SA2025 - 06) (Next Housing Authority Res. No. HA2025 – 09)
CALL TO ORDER
Mayor Hernandez
ROLL CALL
Council / Board Members
PLEDGE OF ALLEGIANCE
INVOCATION
1 1.
City Manager Update - (Prebula: [email protected]).
2. City Attorney Report - (Enright).
3. Informational Report on Council Credit Card Statements - (Deol: [email protected]).
4. Proclamation Proclaiming October 5-11, 2025 as "Fire Prevention Week" - (Lopez:
[email protected]). (Not Presented)
5. Proclamation Recognizing the Resilient Roots Climate Leaders Network - (Washington:
6. Proclamation Proclaiming September 17-23, 2025 as "Constitution Week" - (Hernandez:
7. Development Projects Update - (Caperton: [email protected])
8. Discussion and Direction on Strike Concessions and Progression Forward with Solid Waste Services - (Vue: [email protected]).
9. Council Adoption of Resolution No. 2025-___: (1) Consider and Approve a Residential and Commercial Waste Management Services Rate Adjustment Following Proposition 218 Noticed Majority Protest Hearing; and (2) Approving a Restated Franchise Agreement with Republic Services for Solid Waste and Recycling Services - (Vue: [email protected]).
10. 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. - (Lopez:
11. 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 - (Vue - [email protected]).
12. Council Adoption of Resolution No. 2025-__: Authorizing the City Manager to Sign a
APPROVAL OF REORDERING OF AGENDA
CONFLICT OF INTEREST NOTIFICATION
(Any items on the regular meeting agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
REPORTS (Informational items only.)
PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
PRESENTATIONS/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).
GENERAL BUSINESS
PUBLIC HEARING
CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion. 2 Revised Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA) - (Lopez: [email protected]).
13. Approval of the Samuel Goepp Park Playground Revitalization Project and Budget Adjustment - (Hull: [email protected]).
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.
14. Approval of Construction Contract Award and Design Contract Increase for the T- Intersection Median Safety Improvements Project - (Vue: [email protected]):
a
.
Council Adoption of Resolution No. 2025-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Spektren Engineering, Inc. for the T-Intersection Median Safety Improvements Project.
b
.
Council Adoption of Resolution No. 2025-___: Authorizing an Increase in the Design Contract Amount by $1,303 to a Total of $67,511 with Sanbell (formerly Bellecci & Associates) for the T-Intersection Median Safety Improvements Project.
15. Council Adoption of Resolution No. 2025-___: Adopting the 3rd Amendment to the Annual Appropriation Resolution No. 2025-64 to Appropriate Funds for the Pintail Drive and Walters Road Mosaic Mural Project - (Hull: [email protected]).
16. Council Adoption of Resolution No. 2025-___: Authorizing the City to Enter into Settlement Agreements with Purdue Pharma L.P., Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus, Agreeing to the Terms of the Related State-Subdivision Agreements, and Authorizing the City Manager to take All Actions Necessary to Implement the Settlements Agreements – (Deol: [email protected]).
Joint City Council / Suisun City Council Acting as Successor Agency / Housing Authority
17. City Council/Successor Agency/Housing Authority Approval of the Minutes of the Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on August 5, 2025, August 19, 2025 and September 2, 2025 – (Skinner:
18. Council/Agency Approval of August
2025 Accounts Payable and Payroll Warrants - (Deol:
19. Discussion and Direction: Shaping the Downtown Operations Plan – Strategy Options for Council Consideration - (Prebula: [email protected]).
20. Council Introduction and Waive Reading of Ordinance No. 2025-___: Amending the Suisun City Municipal Code adding Chapter 12.33 (Entertainment Zones) to Title 12 (Streets, Sidewalks and Public Places) of the Suisun City Municipal Code to Establish Entertainment Zones - (Prebula: [email protected]).
21. Council Adoption of Resolution No. 2025-__: Authorizing the City Manager to execute a Product Proposal with Golden State Fire Apparatus, Inc. and Community Leasing Partners Agreement for the procurement of (1) One Fire Engine and (1) One Fire Aerial Ladder Truck - (Lopez: [email protected]).
22. Authorization to Update the Schedule of Salary and Benefits for Unrepresented and
GENERAL BUSINESS
3 Executive Management Employees and the Citywide Salary Schedule by Approving the Following Resolutions - (Penland: [email protected]). a
.
Council Adoption of Resolution No. 2025-___: Updating the Schedule of Salary and Benefits for Unrepresented and Executive Management Employees, effective September 16, 2025.
b
.
Council Adoption of Resolution No. 2025-___: Updating the Citywide Salary Schedule to Establish the Classification of the Information Technology (IT) Director and to Implement the Market Adjustments Approved in the Executive Management Plan Effective September 26, 2025.
c
.
Council Adoption of Resolution No. 2025-___: Approving Amendment No. 1 to the Employment Agreement of the City Manager.
d
.
Council Adoption of Resolution No. 2025-___: Approving Amendment No. 1 to the Employment Agreement of the Fire Chief.
e
.
Council Adoption of Resolution No. 2025-___: Approving Amendment No. 1 to the Employment Agreement of the Police Chief.
23. Non-Discussion Items.
COUNCIL COMMENTS
REPORTS: (Informational items only)
ADJOURNMENT
Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council/Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-
Council/Agendas The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.
Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you. Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.
Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.
4 Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.
Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:
Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I, Ashley Nash, Administrative Assistant II for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 5 THIS PAGE INTENTIONALLY LEFT BLANK
6 Date Vendor Purpose/Description Amount
1 7/9/2025 Flight Southwest - Sacramento to Texas 239.00$ 2 7/14/2025 Fuel ARCO - Fairfield 40.02$
3 7/31/2025 Hotel Marriott 18.32$
4 8/1/2025 Uber Travel 9.97$
5 8/1/2025 Food El Chingon & Havana - San Diego 19.93$
6 8/4/2025 Uber Travel 30.10$
7 8/4/2025 Uber Travel 3.00$
8 8/4/2025 Food Taco Centro - San Diego 18.45$
9 8/4/2025 Parking Sacramento Airport parking 33.00$
10 8/22/2025 Meeting Subscription North Bay Division - League of Cities Meeting 30.00$ Total 441.79$
Date Vendor Purpose/Description Amount
1 7/24/2025 Flight Southwest 272.96$
2 3
4 5
6 Total 272.96$
CITY OF SUISUN CITY
CORPORATE PAYMENT SYSTEMS
Statement of Credit Card Use
Cardholder: Alma Hernandez
Comment
Cardholder: Jenalee Dawson-N/A (no credit card issued) Cardholder: Parise Shepherd -no charges
Cardholder: Amit Pal-N/A (no credit card issued)
Cardholder: Princess Washington
Comment
Form Rev 07/2019
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14 AGENDA ITEM NO. 7.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
FISCAL IMPACT:
Each project would bring a different level of economic benefit to the City. As project scopes materialize and ultimately move through entitlement a better fiscal assessment will be provided by staff.
STRATEGIC PLAN:
Provide Good Governance; Develop Sustainable Economy; and Ensure Fiscal Solvency.
BACKGROUND:
As part of our ongoing efforts to keep the community informed, this report provides a broad overview of development activity within Suisun City. The projects outlined include those that are currently entitled and/or under construction, under review or in process, or anticipated for near-term submission. Please note, this overview is intended to be informational only. Many of the projects mentioned are still undergoing initial review, and full analysis has not yet been completed.
As such, detailed discussions are premature at this stage. Comprehensive project information will be presented to the appropriate approving bodies once staff has completed a thorough evaluation. For these reasons, it would be inappropriate to provide detailed comments or specifics that could be interpreted as taking a position on any project at this early stage.
STAFF REPORT:
This section includes a list of current and upcoming development projects under review or consideration by City Staff. Each listing includes basic information such as location, property owner or applicant (if applicable), status, and a project description. In cases where no formal application has been submitted, the project description is marked as "To Be Determined (TBD)" to avoid speculation about potential uses or design details. While this list is not exhaustive, it reflects the range and volume of development activity occurring across the city. It also offers insight into the work being undertaken by Staff and City leadership to implement the vision of the General Plan and the Waterfront District Specific Plan. The projects vary by type and scope, encompassing:
• Residential developments
• Medical office facilities (e.g., dental clinic)
• Commercial uses (e.g., cannabis dispensary)
• Mixed-use developments
• Industrial projects
It’s important to note that many of these projects are complex and often come with site-specific challenges. This is a normal part of the development review process. City Staff is committed to working collaboratively with applicants to facilitate high-quality projects that meet or exceed required standards and align with the City’s broader planning goals.
Entitled and/or Under Construction Projects
The following list identifies projects that have an approved planning entitlement and/or building permit.
15 1. Awanta (400 Main St.)
Property Owner and/or Applicant: Sunfield Development, LLC Land Use Designation: Waterfront District Specific Plan Zoning: Commercial/Office/Residential.
Status: Approved by City Council, August 2025
Project Description: A two-story 20-unit apartment project
2. Lotz Residences (NE corner of Civic Center Blvd. and Lotz Way) Property Owner and/or Applicant: Ashria, LLC
Land Use Designation: Waterfront District Specific Plan.
Zoning: Residential Medium-Density.
Status: Approved by Planning Commission, June 28, 2022. Construction drawings being finalized by applicant team.
Project Description: A 16-unit single-family residential project w/ an Accessory Dwelling Unit (ADU) above garages.
3. Suisun City Dental (603 Lotz Way)
Property Owner and/or Applicant: Suisun Wellness, LLC
Land Use Designation: Waterfront District Specific Plan.
Zoning: Commercial/Office/Residential.
Status: Approved by City Council, July 18, 2023 / Under construction.
Project Description: A 4,446 square foot dental office with a 2,220 square foot shell tenant space for a future restaurant on a 7,150 square foot lot.
4. Almond Garden Apartments (707-815 Almond St.)
Property Owner and/or Applicant: Ashria, LLC
Land Use Designation: Waterfront District Specific Plan.
Zoning: Residential Medium-Density.
Status: Building permits issued September 2025.
Project Description: A 97-unit three-story affordable apartments project.
Under Review / In Process Projects
The following list identifies projects that have are currently under review for entitlement(s).
5. McCoy Creek Mixed-Use (1220 & 1240 McCoy Creek Way) Property Owner and/or Applicant: Canlas Development, LLC Land Use Designation: Commercial Mixed Use
Zoning: Commercial Mixed Use
Status: City Council tentative, Fall 2025.
Project Description: A 31-unit apartment project with 1,645 square feet of non-residential space.
6. Olive Tree Ranch (Between Humphrey Dr. & Olive Ave., South of Railroad Ave. & E. Tabor Ave.)
Property Owner and/or Applicant: Suisun Investments, LLC.
Land Use Designation: Commercial Mixed Use and Residential Medium-Density.
Zoning: Commercial Services and Fabricating and Residential Medium-Density.
Status: In planning review.
Project Description: 70 single-family residential units on approximately 10 acres of land.
16 7. Suisun Logistics Center (East of Walters Rd. & South of Petersen Rd.) Property Owner and/or Applicant: Buzz Oates Construction.
Land Use Designation: Special Planning Area (existing) / Commercial Mixed Use (proposed).
Zoning: Not yet prezoned / Commercial Services and Fabricating (CSF) and Open Space (OS) (proposed) .
Status: In planning review.
Project Description: 2.1 million square feet of Warehousing/Logistics building space on 120 acres.
8. Highway 12 Logistics Center (South of Highway 12 at Pennsylvania Ave.) Property Owner and/or Applicant: Buzz Oates Construction.
Land Use Designation: Commercial Mixed Use.
Zoning: Prezoned as Commercial Services and Fabricating (CSF) and Open Space (OS).
Status: Project Entitled and Environmental Impact Report certified by City Council December 2024.
Submittal to LAFCO for annexation forthcoming.
Project Description: 1.28 million square feet of Warehousing/Logistics building space on 63.7 acres.
9. Cannabissary (South of Railroad Ave. & East of Humphrey Dr.) Property Owner and/or Applicant: Verna Schuetter.
Land Use Designation: Commercial Mixed Use.
Zoning: Commercial Services and Fabricating.
Status: City Council tentative, Fall 2025.
Project Description: 2,494 square foot retail cannabis dispensary.
10. Dutch Bros. (North of Highway 12 & East of Sunset Center) Property Owner and/or Applicant: Hilbers Inc.
Land Use Designation: Commercial Mixed Use.
Zoning: Commercial Mixed Use.
Status: In planning review. Planning Commission tentative, Fall 2025.
Project Description: 1,025 square foot drive thru coffee business.
Future Projects
The following list identifies projects that have not yet been submitted, but that are anticipated to submit for entitlements within the next year.
11. 34-Acre Site (NW corner of Highway 12 & Marina Blvd.) Property Owner and/or Applicant: Suisun City Housing Authority.
Land Use Designation: Waterfront District Specific Plan.
Zoning: Downtown Commercial.
Status: Beginning Surplus Lands Act (SLA) process.
Project Description: Unknown/To be Determined.
12. Lionext Parcels (Multiple parcels downtown near the marina) Property Owner and/or Applicant: Lionext Inc.
Land Use Designation: Waterfront District Specific Plan.
Zoning: Main Street Mixed Use and Downtown Mixed Use.
Status: Application not yet submitted.
Project Description: Unknown/To be Determined.
13. California Forever Infill Parcels (Multiple parcels along Main St. and Solano Ave.) Property Owner and/or Applicant: Suisun City Successor Agency. 17 Land Use Designation: Waterfront District Specific Plan.
Zoning: Main Street Mixed Use.
Status: Purchase and Sale Agreement in process.
Project Description: Unknown/To be Determined.
14. Parcel 13 (West of Civic Center Blvd. and South of Driftwood Ave.) Property Owner and/or Applicant: Ashria, LLC.
Land Use Designation: Waterfront District Specific Plan.
Zoning: Commercial/Office/Residential.
Status: Application not yet submitted.
Project Description: Unknown / To Be Determined.
15. Senior Center Site Sale & Redevelopment (318 Merganser Dr.) Property Owner and/or Applicant: City of Suisun City.
Land Use Designation: Higher Density Residential.
Zoning: Residential High-Density 2.
Status: Application not yet submitted.
Project Description: Unknown/To be Determined.
16. Caltrans Lot Swap (South of Highway 12 between Main St. & Civic Center Blvd.) Property Owner and/or Applicant: State of California.
Land Use Designation: Waterfront District Specific Plan.
Zoning: Downtown Mixed Use.
Status: Application not yet submitted.
Project Description: Unknown / To be Determined.
Environmental Review
The Development Services Director has determined that the recommendation described in this Staff Report is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c).
STAFF RECOMMENDATION:
Staff recommends that City Council receive a report providing an overview of development activity within Suisun City.
DOCUMENTS ATTACHED:
1. Development Projects Update PowerPoint
PREPARED BY:
Ricky Caperton, Development Services Director
REVIEWED BY:
Bret Prebula, City Manager
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
Development Update.pdf
.
18 9/10/2025
1 Development CalendarUpdate
Active Development CalendarAwanta Project ----------------Lotz Residences ---------------Suisun City Dental ------------Almond Garden ---------------McCoy Creek Mixed-Use----Olive Tree Ranch --------------Suisun Logistics Center ------Highway 12 Logistics --------Cannabissary ------------------Dutch Bros ---------------------Project Name: 6 12 18 24 30 36 42 48 54 60 66 72 78Projects that are under review, entitled, permitted, or under construction.*The timeline projections are only estimates. 1 2
19 9/10/2025
2 Future Development Calendar34 Acre Site --------------------Lionext Parcels ----------------CF Infill Project --------------Parcel 13 ------------------------Senior Center ------------Caltrans Lot SwapProject Name: 6 12 18 24 30 36 42 48 54 60 66 72 78Projects that are longer term that still require entitlements.*The timeline projections are only estimates.
Entitled and/or Under Construction Stage3
4 20
9/10/2025
3 Awanta Project 400 Main Street east of Main Steet and south of Driftwood DriveProperty Owner and/or Applicant:Sunfield Development, LLCLand Use Designation:Waterfront District Specific PlanZoning:Commercial/Office/ResidentialStatus:Approved by City Council August 2025Project Description:A two-story 20-unit apartment project Lotz ResidencesNortheast corner of Civic Center Boulevard and Lotz WayProperty Owner and/or Applicant:Ashria, LLCLand Use Designation: Waterfront District Specific PlanZone:Residential Medium-DensityStatus:Approved by Planning Commission, June 28, 2022. Construction drawings being finalized by applicant team.Project Description:A 16-unit single-family residential project w/ an Accessory Dwelling Unit (ADU) above garages. 5 6
21 9/10/2025
4 Suisun City Dental603 Lotz Way South of Lotz Way between Main Street and Harbor Center DriveProperty Owner and/or Applicant: Suisun Wellness, LLCLand Use Designation: Waterfront District Specific PlanZoning:Commercial/Office/ResidentialStatus: Approved by City Council, July 18, 2023/ Under construction.Project Description:A 4,446 square foot dental office with a 2,220 square foot shell tenant space for a future restaurant on a 7,150 square foot lot.
Almond Gardens Apartments707-815 Almond Street between Civic Center Boulevard and Whispering Bay Lane.Property Owner:Ashria, LLCLand Use Designation:Waterfront District Specific PlanZoning:Residential High-DensityStatus:Building Permits issued September 2025Project Description:A 97-unit three-story affordable apartments project.7 8 22
9/10/2025
5 Under Review / In Process
McCoy Creek Mixed-Use1220 and 1240 McCoy Creek Way.Property Owner:Canlas Development, LLCLand Use Designation: Commercial Mixed UseZoning Classification: Commercial Mixed UseStatus: City Council tentative, Fall 2025. Project Description: A 31-unit apartment project with 1,645 square feet of non-residential space.9 10 23
9/10/2025
6 Olive Tree Ranch Between Humphrey Dr. and Olive Ave. South of Railroad Ave and E. Tabor AvenueProperty Owner and/or Applicant:Suisun Investments, LLCLand Use Designation:Commercial Mixed Use and Residential Medium-DensityZoning :Commercial Services and Fabricating and Residential Medium-DensityStatus:In planning reviewProject Description:70 single-family residential units on approximately 10 acres of land Suisun Logistics CenterEast of Walters Rd. and South of Petersen Rd. Property Owner and/or Applicant: Buzz Oates ConstructionLand Use Designation:Special Planning Area (existing) / Commercial Mixed Use (proposed). Zoning:Not yet prezoned / Commercial Services and Fabricating (CSF) and Open Space (OS) (proposed) .Status:In planning reviewProject Description:2.1 million square feet of Warehousing/Logistics building space on 120 acres. 11 12
24 9/10/2025
7 Highway 12 Logistics Center South of Highway 12 at Pennsylvania Ave. Property Owner and/or Applicant: Buzz Oates Construction.Land Use Designation: Commercial Mixed Use.Zoning: Prezoned as Commercial Services and Fabricating (CSF) and Open Space (OS).Status: Project Entitled and Environmental Impact Report certified by City Council December 2024. Submittal to LAFCO for annexation forthcoming.Project Description: 1.28 million square feet of Warehousing/Logistics building space on 63.7 acres.
CannabissarySouth of Railroad Avenue and East of Humphrey Drive.Property Owner and/or Applicant: Verna SchuetterLand Use Designation:Commercial Mixed UseZoning:Commercial Services and FabricatingStatus: City Council tentative, Fall 2025.Project Description:2,494 square foot retail cannabis dispensary 13 14 25
9/10/2025
8 Dutch BrosNorth of Highway 12 and directly east of the Sunset CenterProperty Owner and/or Applicant: Hilbers Inc.Land Use Designation:Commercial Mixed UseZoning: Commercial Mixed UseStatus:In planning review. Planning Commission tentative, Fall 2025.Project Description:1,025 square foot drive thru coffee business Future Projects15
16 26
9/10/2025
9 34 Acre Site ProjectNorthwest Corner of Highway 12 and Marina BoulevardProperty Owner and/or Applicant: Suisun City Housing Authority.Land Use Designation: Waterfront District Specific Plan.Zoning: Downtown Commercial.Status: Beginning Surplus Lands Act (SLA) process.Project Description: Unknown/To be Determined.
Lionext ParcelsProperty Owner and/or Applicant: Lionext Inc.Land Use Designation: Waterfront District Specific Plan.Zoning: Main Street Mixed Use and Downtown Mixed Use.Status: Application not yet submitted.Project Description: Unknown/To be Determined.Multiple parcels: (1) Northeast corner of Main Street and Solano Street; (2) eastern terminus of Solano Street; and (3) east of Kellog Street and north of Line Street17 18 27
9/10/2025
10 California Forever (CF) Infill DevelopmentMultiple parcels along Main St. and Solano Ave. Property Owner and/or Applicant:Suisun City Successor AgencyLand Use Designation:Waterfront District Specific PlanZoning:Main Street Mixed UseStatus: Purchase and Sale Agreement in process. Project Description:Unknown/To be Determined.
Parcel 13West of Civic Center Boulevard and south of Driftwood Drive.Property Owner and/or Applicant:Ashria, LLC.Land Use Designation: Waterfront District Specific Plan.Zoning:Commercial/Office/Residential.Status:Application not yet submitted.Project Description:Unknown / To Be Determined. 19 20
28 9/10/2025
11 Senior Center Redevelopment318 Merganser Drive adjacent to Casa de Suisun.Property Owner:City of Suisun CityLand Use Designation:Higher Density ResidentialZoning: Residential High-Density 2Status: Application not yet submittedProject Description: Unknown / To Be Determined CALTRANS Lot SwapProperty Owner and/or Applicant: State of California.Land Use Designation: Waterfront District Specific PlanZoning:Downtown Mixed UseStatus: Application not yet submittedProject Description: Unknown / To Be DeterminedSouth of Highway 12 between Main St. & Civic Center Blvd. 21 22
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30 AGENDA ITEM NO. 8.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
AGENDA ITEM:
Discussion and Direction on Strike Concessions and Progression Forward with Solid Waste Services.
FISCAL IMPACT:
There are potential impacts to the General Fund from this item. One of the four (4) offered strike concessions offered by Republic Services include a reimbursement of $22,171 to the City for expenses incurred during the 2025 Teamsters’ Strike. A portion of this total ($10,494) is for reimbursement of staff time, and within this portion are staff time allocations which are paid through the General Fund. If the City does not receive this reimbursement then all costs, including those that tie back to the General Fund, will need to be covered by the City.
STRATEGIC PLAN:
Provide Good Governance. Enhance the Environment.
BACKGROUND:
The City is on the verge of the accepting the fully renegotiated Franchise Agreement with Republic Services and establishing new rates along with the accompanying new services and programs.
In mid-July 2025, a strike by the Teamsters occurred which impacted Republic Services’ ability to service both residential and commercial accounts. One week of residential service was missed during the strike window.
At the August 19, 2025, Council Meeting, Council requested that staff bring back a Discussion and Direction item that would provide a better picture of potential advantages and potential disadvantages associated with proceeding with the proposed Franchise Agreement, rates, and Prop 218 process versus changing course and releasing a Request for Proposals (RFP) for solid waste services. This was done at the September 2, 2025, meeting.
STAFF REPORT:
Staff delivered an informational PowerPoint presentation to Council during the September 2, 2025, Council Meeting. A slide outlining the strike concessions being offered by Republic Services was including within the PowerPoint presentation. Council heard and discussed staff’s PowerPoint, statements made by Republic Services, and comments from members of the public.
Council returned with an appeal during the discussion and requested that Republic consider granting the City both a delay in new residential rate implementation of two (2) months along with the residential credit in addition to the other proposed concessions.
The initial strike concessions offered by Republic Services included the following:
Reimbursement of $22,171 spent by the City during the strike.
Adding a third Bulky Waste Pick-Up as part of the new Franchise Agreement at no additional cost.
Updating of the wording in the Franchise Agreement involving striking and delays in service.
31 Lastly, Republic offered an option of a choice between either:
A delay in implementing the new proposed residential rate increase for two (2) months which is equal to $11.86
OR
A credit of $16.70 which equates to roughly one week of service.
Republic Services has been able to accommodate Council's request to include the additional monetary concession item as well as been able to accommodate the City's request for updates to the Article within the overall renegotiated Franchise Agreement that covers strikes and work stoppages.
To summarize, the current strike concessions being offered by Republic Services are as follows:
Reimbursement of $22,171 spent by the City during the strike.
Adding a third Bulky Waste Pick-Up as part of the new Franchise Agreement at no additional cost.
Updating of the wording in the Franchise Agreement involving striking and delays in services.
A residential credit equating to roughly one week of service ($16.70).
A delay in implementing the new proposed residential rate increase for two (2) months ($11.86).
The current strike concessions are being offered based upon Council's direction to move forward with the Prop 218 Public Hearing process. If the Public Hearing does not include enough protests letter to negate the Prop 218 process then Council will proceed with the approval of the full renegotiated Franchise Agreement (FA), associated new rates, and the associated programs and services includes within the new FA.
STAFF RECOMMENDATION:
Council will be providing staff with their recommended direction for moving forward with acceptance of the offered strike concessions and to ensure the City has Solid Waste services in place by either proceeding with the planned Prop 218 Public Hearing or directing staff to start the process of going out for a Request for Proposals (RFP) for solid waste services.
DOCUMENTS ATTACHED:
1 .
PowerPoint Presentation.
PREPARED BY:
Amanda Dum, Management Analyst II
REVIEWED BY:
Nouae Vue, Public Works Director & City
Engineer
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Solid Waste Services PPT
.
32 9/11/2025
1 DISCUSSION & DIRECTIONSTRIKE CONCESSIONS & PROGRESSION FORWARD Bret Prebula, City ManagerSeptember 16, 2025
UPDATED STRIKE CONCESSIONS1. Reimbursement of City expenses ($22,171)2. 3rdBulky Waste Pick-Up 3. Credit of approx. 2-month delay in new rate implementation ($11.86)4. Franchise Agreement updated re: strike/work stoppages5. one week of service($16.70) 1 2
33 9/11/2025
2 NEW SERVICES:•Paper Shredding Events – 2x/yr•65-gallon cart option (SFD)•Two Bulky Waste Pick-Ups (from 1x/yr)(SFD)•Holiday Tree Collection (SFD)•Sharps Mail-Back Program – 1x/yr•Two extra bags of trash after Christmas (SFD)•Battery Drop-Off Program (3 City facilities)•Broken & damaged cart process formalized •Illegal Waste & Homeless Dump Crew•Household Hazardous Waste / Extended Producer Responsibility Drop-Off Events – 2x/yr CONTINUING SERVICES:•Recycling Buy-Back Center•Buy-Back Center coupons (can be used towards bill)•Compost Giveaway Events – 2x/yr•Motor Oil Curbside Collection Program (SFD)•Motor Oil Drop-Off Program•White Goods Drop-off Program (formalized 5 days/wkinstead of 16 days/yr)•Household Hazardous Waste (including BOPA and e-waste) Drop-Off Program•E-Waste Drop-Off Program•Cardboard Drop-Off Program Benefits offered in New Agreement
Timeline - Request for Proposals (RFP) Process•Limited vendor pool – 3 to 4 vendors•Unpredictable rate risk•Cost to hire consultant (~ $50K – $100K)•Aggressive timeline (est. 14-18 months)•Loss of funding for Illegal Dump Crew•Time & cost to transition to possible new hauler•Status of street sweeping services•Loss of established relationships•Loss of hauler with direct knowledge of Suisun market 3 4
34 9/11/2025
3 QUESTIONS…DISCUSSION & DIRECTION (ACCEPTANCE OF STRIKE CONCESSIONS & DIRECTION FOR SOLID WASTE SERVICES) 5 35
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36 AGENDA ITEM NO. 9.
AGENDA TRANSMITTAL
MEETING DATE:
September 16, 2025
AGENDA ITEM:
Council Adoption of Resolution No. 2025-___: (1) Consider and Approve a Residential and Commercial Waste Management Services Rate Adjustment Following Proposition 218 Noticed Majority Protest Hearing; and (2) Approving a Restated Franchise Agreement with Republic Services for Solid Waste and Recycling Services.
FISCAL IMPACT:
There are fiscal impacts to various General Fund divisions from this item, as well as to the Solid Waste fund (Fund 130). The commercial rate increase will impact the Kellogg Trash Enclosure Fund, which is within the overall General Fund, as there will be an increase necessary in the amount paid to Republic Services and in the amount invoiced to the businesses that use the Kellogg Trash Enclosure. Additionally, the General Fund will continue to receive revenues through the Franchise Fee (13%) of Republic’s gross revenues payable to the City.
STRATEGIC PLAN:
Provide Good Governance. Develop Sustainable Economy. Ensure Public Safety. Ensure Fiscal Solvency. Enhance Environment.
BACKGROUND:
Effective June 25, 1991, the City of Suisun City (“City”) elected to exclusively negotiate a Franchise Agreement for Integrated Residential and Commercial Waste Management Services (“Agreement”) between the City and Solano Garbage Company d/b/a Republic Services of Fairfield (“Republic”). Under the Agreement, Republic is the exclusively franchised refuse hauler for the City, and collects, transports, processes, and disposes of all solid waste and recyclables which are generated or accumulated within the City.
The basic terms of the proposed renegotiated Franchise Agreement are as follows:
Initial term for ten years from September 16, 2025, to June 30, 2035. City may in its discretion grant Republic two additional five (5) year extensions for a total of twenty years.
Republic receives the exclusive franchise, right, and privilege to collect, remove, and dispose of, in a lawful manner, Solid Waste, Recyclable Materials and Organic Materials.
Republic is responsible for the billing and collection of payments from residents and businesses in the City.
Republic shall pay a franchise fee of a maximum of thirteen (13) percent of Gross Revenues.
Additionally, Republic shall pay $70,000 to reimburse the City for the costs of the Franchise Agreement solicitation, evaluation and negotiation.
STAFF REPORT:
In an effort to ensure transparency, the City determined that executing a Proposition 218 (“Prop 218”) process was in the best interest of the City, its residents, and commercial businesses. 37 Prop 218 establishes the required procedures for increasing property related fees which include (1) mailing a written notice of the proposed rate adjustment (“Notice”) to each parcel on which the fee will be imposed (“Identified Parcels”), and (2) conducting a public hearing on the proposed fee increase not less than forty-five (45) days after mailing the Notice (the “Protest Hearing”). Prop 218 requires that the City Council consider all protests against the proposed rate adjustment and establishes that if written protests against the proposed rate increase are presented by a majority of owners of the Identified Parcels (50% plus one), then the City Council shall not approve the rate increase. Prop 218 and Government Code Section 53756 allow the City Council to adopt a schedule of rate adjustments, including a formula for adjusting the rates, for a period not to exceed five years.
On July 9, 2025, a “Notice of Public Hearing” was mailed to all residential and commercial property owners within Suisun City boundaries served by Republic, as required by Prop 218 (see, Attachment 2 hereto). The Notice of Public Hearing instructed residential and commercial property owners on how to file a protest on the proposed refuse rates at tonight’s Public Hearing in accordance with Prop 218.
The item before Council tonight is for the Council to consider any protests and comments and to hold a fair and noticed public majority protest hearing as described in the Notice of Public Hearing mailed on July 9, 2025, to consider the proposed residential and commercial solid waste collection services rate structure to be applied to commercial and residential rate increases pursuant to the requirements under Prop 218. As part of the Public Hearing, all interested residential and commercial property owners are to be afforded the opportunity to protest the residential component of the proposed new refuse rate schedule.
Only one written protest per Identified Parcel in Republic’s service area will be counted. Protests to the proposed refuse rates must be submitted in writing. Written protests must be received prior to the close of the Public Hearing. Any written protests received following the close of the Public Hearing will not be counted. Written protests by electronic mail (e-mail) will not be accepted.
The Mayor shall ask the City Clerk to provide a count of all protests received following the close of Public Hearing. If written protests against the proposed rates are presented by a “majority of owners of the Identified Parcels,” the proposed rate adjustment cannot be imposed. Assuming there is no majority protest against the proposed rate adjustment, Council is recommended to approve the renegotiated Franchise Agreement (Agreement) with Republic Services, and the Agreement will implement the revised rate schedule and Republic programs needed to comply with State mandates, and all current and future State recycling mandates.
Council may also decide to not approve the renegotiated Franchise Agreement with Republic Services.
In that case, the proposed rate schedule will not be enacted, and the rate schedule as stated in the Interim Agreement will continue to apply. The Council may directed staff to commence with a Request for Proposal (RFP) process. The RFP proposes will take approximately eighteen (18) months or longer, and the City could receive proposals from other providers.
The Staff recommendation is to conduct the Public Hearing and, assuming there is no majority protest, approve the Franchise Agreement with Republic Services. The Franchise Agreement will go into effect immediately upon approval at September 16, 2025, Council meeting with the new rates going into effect on December 1, 2025.
STAFF RECOMMENDATION:
1 .
Open the “majority protest” public hearing as required by Prop 218; 38 2
.
Take public testimony and accept any additional written protests; 3 .
Close the Public Hearing, and the Mayor shall ask the City Clerk to provide a count of all protests received;
4 .
Adopt Resolution No. 2025-___: (1) Consider and Approve a Residential and Commercial Waste Management Services Rate Adjustment Following Proposition 218 Noticed Majority Protest Hearing; and (2) Approving a Restated Franchise Agreement with Republic Services for Solid Waste and Recycling Services
5 .
Authorize the City Manager to execute all documents related to the Interim Agreement.
OR;
6 .
Reject the renegotiated Franchise Agreement and associated rates and services included therein and direct the City Manager to activate the Request for Proposal (RFP) process for City Solid Waste services.
DOCUMENTS ATTACHED:
1 .
Resolution No. 2025 - ___: (1) Consider and Approve a Residential and Commercial Waste Management Services Rate Adjustment Following Proposition 218 Noticed Majority Protest Hearing; and (2) Approving an Interim Memorandum of Understanding in re Franchise Agreement with Republic Services for Solid Waste and Recycling Services. a
.
Exhibit A
b
.
Exhibit B
2 .
Mailed Notice of Public Hearing.
3 .
Public Hearing Script.
4 .
Powerpoint Presentation.
PREPARED BY:
Patrick Enright, City Attorney
REVIEWED BY:
Nouae Vue, Public Works Director & City
Engineer.
APPROVED BY:
Bret Prebula, City Manager.
ATTACHMENTS:
1. Resolution Republic Services
2. Mailed Notice of Public Hearing.
3. Public Hearing Script.
4. PowerPoint Presentation.
.
39 0
RESOLUTION NO. 2025-__
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY TO (1) CONSIDER
AND APPROVE A RESIDENTIAL AND COMMERCIAL WASTE MANAGEMENT SERVICES RATE ADJUSTMENT FOLLOWING PROPOSITION 218 NOTICED MAJORITY PROTEST HEARING AND (2) APPROVING AN SOLID WASTE FRANCHISE AGREEMENT WITH
REPUBLIC SERVICES FOR SOLID WASTE AND RECYCLING SERVICES WHEREAS, effective June 25, 1991, the City of Suisun City ( “City”) elected to exclusively negotiate a Franchise Agreement for Integrated Residential and Commercial Waste Management Services (“Agreement”) between the City and Solano Garbage Company, ; and WHEREAS, on Marc h 17, 1998, the City of Suisun City and Sola no Garbage Company, entered into an amended Exclusive Franchise Agreement; and WHEREAS, under the Agreement and all amendments thereto, Solano Garbage Company d/b/a Republic Services of Fairfield (“Republic”) is the exclusive ly f ranchised refuse hauler for the City, and collects, transports, processes, and disposes of all solid waste and recyclables which are generated or accumulated within the City; and WHEREAS, the State of California has adopted a number of bills mandating a c
omprehensive update to waste management and recycling systems, particularly with respect to the diversion of organic materials and food waste away from landfills in particular AB 341 mandates that commercial waste generators arrange for recyc ling services , AB 1826 mandates that commercial w aste ge n erators r ecycle their organic waste and AB 1594 ended the practice of excluding organic material used as Alternative Daily Cover (“ADC”) from the calculation of a jur
isdiction’s total per capita amount of waste disposed; and WHEREAS, most significantly, SB 1383 directed public agencies to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025, SB 1383 is the most significant waste reduction mandate adopted in California in the last 30 years and SB 1383’s r
egulations apply to all persons and entities that generate organic materials, such as food scraps and plant trimmings within the State of California, SB 1383 requires all waste generators d to divert their organic materials from the garbage, addi tiona lly, SB 1383 allows the Department of Resources Recycling and Recovery (“CalRecycle”) to implement new regulations on local jurisdictions if significant progress has not been made in the law’s waste reduction goals; and WHEREAS, SB 1383 required Republic and other waste haulers to comply with mandatory processing of food waste to be collected in residential green organic waste carts and implement new measures to reduce contamination, educate waste generators, procure recycled pr
oducts with organic content, track and report recycling participation, and assist local jurisdictions with enforcement of new recycling requirements, and Republic needed to implement modifications to their service routes, purchase additional disposal containers and container labels, and otherwise provide customers with additional refuse and recycling services; and 40 0
WHEREAS, In order to accommodate new Agreement terms, the City and Republic entered into an “Interim Memorandum of Understanding in re Exclusive Negotiations for Amendments to Exclusive Solid Waste Handling, Recycling and Household Hazardous Waste Program Agreements” on April 5, 2022. The Interim Memorandum established that the City and Republic w ould negotiate in good faith towards the end of comprehensively restating and amending the Agreement and other service arrangements attendant to Republic’s services in the City; and
WHEREAS, Republic and City have negotiated a Second Amended and Restated Solid Waste Franchise Agreement (“Franchise Agreement”) between the City of Suisun City and Solano Garbage Company d/b/a Republic Services of Fairfield with proposed rates to be effective on December 1, 2025, and the renegotiated Franchise Agreement will be for an initial term until June 30, 2035, with two five (5) years extensions allowed in the sole discretion of the City (Exhibit “A”); and
WHEREAS, Republic has requested a rate increase to be effective on December
1, 2025, also beginning January 1, 2027, and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the average change in the Consumer Price Index (“CPI”) for the twelve-month period from July to June of the prior year, t herefore, the first rate adjustment, effective January 1, 2027, will be based on the percentage change in CPI for the average CPI value from July 1, 2025 to June 30, 2026, com pared to the average CPI from July 1, 2024 through June 30, 2025 rounded to the nearest one -hundred of a percentage and the Index to be used shall be the series CUSR0000SEHG, Water and Sewer and Trash Collection Services in U.S. city average of all urban consumers, seasonally adjusted; and WHEREAS, Article XIII D of the California Constitution (“Proposition 218”) establishes required procedures for increasing property related fees, including (i) mailing a written notice of the proposed fee increase (“Notice”) to each parcel on which the fee will be imposed (“Identified Parcels”), and (ii) conducting a public hearing on the proposed fee increase not less
than forty-five (45) days after mailing the Notice (the “Protest Hearing”); and WHEREAS, Proposition 218 requires the City Council to consider all protests against the proposed rate increase, and establishes that if written protests against the proposed rate increase are presented by a majority of owners of the Identified Parcels, the City Council shall not approve the rate increase, and Proposition 218 and Government Code section 53756 allow the City Council to adopt a schedule of rate adjustments, including a formula for adjusting the rates , for a period not to exceed five years; and
WHEREAS, the rates proposed by Republic ( Exhibit “B ”) were reviewed, analyzed, and negotiated between Republic and the City and a t the conclusion of such analyses, the City and Republic agreed to process the proposed rate structure attendant to this resolution and present such rate structure to the City’s citizenry, and unde r the proposed rate adjustment, commencing December 1, 2025, residential and commercial charges would increase by an increase of approximately 12.07%; and
41 0
W
HEREAS, on July 9, 2025, a “Notice of Public Hearing” was mailed to all residential and commercial property owners within Suisun City boundaries served by Republic, as required by Proposition 218; and
WHEREAS, the Notice of Public Hearing instructed residential and commercial property owners on how to file a protest on the proposed refuse rates, in accordance with Proposition 218; and
WHEREAS, the City Council of the City of Suisun City held a fair and noticed public majority protest hearing as described in the Notice of Public Hearing on September 16, 2025, to consider the proposed residential and commercial solid waste collection services rate structure to be applied to commercial rate increases pursuant to the requirements under Proposition 218; and
WHEREAS, at said public hearing, all interested residential and commercial property owners were afforded the opportunity to protest the residential component of the proposed new refuse rate schedule, and a majority protest against the residential and commercial component of the comprehensive refuse rate structure was not received by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY, DOES HEREBY RESOLVE AS FOLLOWS:
S ection 1. The foregoing Recitals are hereby found to be true and correct and incorporated herein by this reference.
Section 2. The Council hereby ratifies the Proposition 218 process and adopts the refuse rates as set forth in Exhibit “B ” hereto and the Notice of Public Hearing mailed to all residential and commercial property owners on July 9, 2025, and pursuant to Proportion 218 finds as follows:
a) Fee for Service Provided Only: Revenues derived from the rates may not be used for any purpose other than that for which the rate was imposed. The rates collected are used to pay Republic for the refuse collection, recycling, new organics programs, and disposal services it provides to City customers serviced by Republic pursuant to the passage of SB 1383 and other new State mandates identified in the Recitals hereto. This conclusion is further supported by all findings of fact presented at the City Council hearing, including without limi tation those facts stated in the accompanying staff report, all of which evidence is incorporated herein by this reference.
b) Fee not to Exceed Cost of Service: Revenues derived from the rates may not exceed the funds required to provide refuse service. The City’s cost for refuse and recycling service is established by the Agreement, as proposed to be amended by the Franchise Agreement, which permits Republic to recover its actual costs. It is found that Republic will accrue direct and unforeseen costs of service as a result of legal obligations pursuant to the passage of Senate Bill 1383 and other new State mandates necessitating Republic ’s transition into providing City with additional 42 0
solid waste, recycling and organics collection services and attendant fiscal impacts.
This conclusion is further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the accompanying staff report, all of which evidence is incorporated herein by this reference.
c) Fee not to Exceed Proportional Cost: The amount of the rates may not exceed the proportional cost of the refuse service attributable to each parcel. Republic proposes that the proposed refuse rates are reasonably proportional and cost-based, and meet the general requirements of fairness and equity under Proposition 218. In the course of analyzing the rates attendant to this resolution, City negotiated with Republic to ensure that no categories of ratepayers are subsidizing services to other categories.
This conclusion is further supported by all findings of fact presented at the City Council hearing, including without limitation those facts stated in the accompanying staff report, all of which evidence is incorporated herein by this reference.
Section 3. The Council has fully considered this matter and has:
i. Reviewed the information submitted herewith regarding the proposed solid waste service rate adjustment for residential and commercial accounts, the parcels to which the proposed fee adjustment would apply, and the reasons and basis for the adjustment and the fees;
ii. Provided Notice of the proposed fee adjustment to all parcels to which the proposed fee adjustment would apply in accordance with Article XIIID of the California Constitution;
iii. Heard and received written protests from any parcel subject to the fee; iv. Taken and received oral and documentary evidence pertaining to the proposed fee adjustment; and
v. Been fully informed of this matter.
Section 4. Adoption of the proposed new solid waste rates is contingent upon there being no majority protest from a majority of all property owners under an omnibus protest by all those permitted to protest the proposed new rate system. (Morgan v. Imperial Irrigation District (2014) 223 Cal.App.4th 892.) The Council finds that insufficient written protests were presented to prevent the residential and commercial component of the proposed Republic refuse rate schedule from being imposed.
S
ection 5. The Council finds that based on these facts and the circumstances and information received during the public hearing, the changes in residential and commercial refuse rates are necessary and are hereby adopted. Said refuse rates shall take effect on December 1, 2025.
S
ection 6 The City Council finds and determines that approval of the Franchise Agreement is exempt from California Environmental Quality Act (“CEQA”) review pursuant to 43 0
statutory and categorical exemptions including those set forth at California Code of Regulations Title 14, Sections 15061(b)(3), 15301, and 15308. Development and implementation of the amended organic waste collection services pursuant to the 2025 Agreement is a requirement of SB 1383 and CalRecycle, and is exempt from CEQA because it is an action pursuant to a regulatory requirement to assure the protection of the environment and involves procedures for protection of the environment.
Furthermore, the amended organic waste collection services apply to the City’s existing volume of generated solid waste where there is no expansion of use. This approval additionally is exempt pursuant to the general rule that CEQA applies only to projects that have the pote ntial to cause a significant effect on the environment.
S
ection 7. The City Council finds that the public health, safety, and well -being require Solid Waste Services to be provided pursuant to an exclusive franchise agreement. The proposed Franchise Agreement with Republic , in substantially the form attached to the staff report for this item and on file in the office of the City Clerk, is approved. The Mayor is authorized to and shall execute the Second Amended and Restated Solid Waste Franchise Agreement attached hereto as Exhibit A subject to any clerical or otherwise nonsubstantive revisions deemed necessary or appropriate by the City Attorney.
S
ection 8. The City Manager is authorized to do all things necessary and proper to implement this resolution.
Section 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
S
ection 10. This Resolution shall become effective immediately.
P
ASSED 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:
AYE
S: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
W ITNESS my hand and the seal of said City this 16 th day of September 2025.
A nita Skinner
City Clerk
44 0
EXHIBIT A
S
ECOND AMENDED AND RESTATED
SOLID WASTE FRANCHISE AGREEMENT
45 DRAFT 1/4/2024
SOLID WASTE FRANCHISE AGREEMENT
Executed Between the
City of Suisun City and Solano Garbage Company
d/b/a Republic Services of Fairfield
This ___ day of ___ 2025
46
TABLE OF CONTENTS
Solid Waste Franchise Agreement
Table of Contents
Article 1. Definitions ................................ ................................ ................................ ............. 5 Article 2. Term of Agreement ................................ ................................ .............................. 16 Article 3. Conditions Governing Services Provided by Contractor ................................ .16 Article 4. Franchise Fees and Payments ................................ ................................ ...........18 Article 5. General Requirements ................................ ................................ ........................19 Article 6. Collection Service Rates ................................ ................................ .....................25 Article 7. Collection Service Billing ................................ ................................ ....................27 Article 8. Diversion Requirements ................................ ................................ .....................29 Article 9. Service Unit Types ................................ ................................ .............................. 31 Article 10. Residential Service ................................ ................................ ............................32 Article 11. MFD Service ................................ ................................ ................................ .......37 Article 12. Commercial Service ................................ ................................ ..........................42 Article 13. Industrial Service ................................ ................................ ............................... 47 Article 14. City Services ................................ ................................ ................................ ......48 Article 15. Additional Services ................................ ................................ ...........................49 Article 16. Collection Routes ................................ ................................ .............................. 51 Article 17. Minimum Performance Standards ................................ ................................ ....52 Article 18. Collection Equipment ................................ ................................ ........................54 Article 19. Contractor’s Office ................................ ................................ ............................57 Article 20. Contractor Support Services ................................ ................................ ............58 Article 21. Emergency Service ................................ ................................ ............................62 Article 22. Record Keeping and Reporting Requirements ................................ ................63 Article 23. Nondiscrimination ................................ ................................ .............................68 Article 24. Service Inquiries and Complaints ................................ ................................ ....68 Article 25. Quality of Performance of Contractor ................................ .............................. 69 Article 26. Performance Bond................................ ................................ .............................72 Article 27. Insurance ................................ ................................ ................................ ...........73 Article 28. Hold Harmless and Indemnification ................................ ................................ .76 Article 29. Default of Agreement ................................ ................................ ........................78 Article 30. Modifications to the Agreement ................................ ................................ .......80 Article 31. Legal Representation ................................ ................................ ........................81 Article 32. Conflicts of Interests ................................ ................................ .........................81 Article 33. Contractor's Personnel ................................ ................................ .....................82 Article 34. Exempt Waste ................................ ................................ ................................ ....83 Article 35. Independent Contractor ................................ ................................ ....................83 Article 36. Laws to Govern ................................ ................................ ................................ ..83 Article 37. Consent to Jurisdiction ................................ ................................ .....................84 47
Article 38. Assignment ................................ ................................ ................................ ........84 Article 39. Compliance with Laws ................................ ................................ ......................84 Article 40. Permits and Licenses ................................ ................................ ........................85 Article 41. Ownership of Written Materials ................................ ................................ ........85 Article 42. Waiver................................ ................................ ................................ .................85 Article 43. Gift Prohibition ................................ ................................ ................................ ..85 Article 44. Point of Contact ................................ ................................ ................................ .85 Article 45. Notices ................................ ................................ ................................ ...............85 Article 46. Transition to Next Contractor ................................ ................................ ...........86 Article 47. Contractor’s Records ................................ ................................ ........................86 Article 48. Entire Agreement ................................ ................................ ............................... 87 Article 49. Severability ................................ ................................ ................................ ........87 Article 50. Right to Require Performance ................................ ................................ ..........87 Article 51. All Prior Agreements Superseded ................................ ................................ ....87 Article 52. Headings ................................ ................................ ................................ ............87 Article 53. Exhibits ................................ ................................ ................................ ..............88 Article 54. Attorneys’ Fees ................................ ................................ ................................ ..88 Article 55. Commencement Date ................................ ................................ ........................88 Exhibit 1 Maximum Service Rates ................................ ................................ ...................... 89 Exhibit 2 List of City Facilities and Service Levels ................................ ........................... 91 Exhibit 3 Collection Container Specifications ................................ ................................ ... 92 Exhibit 4 Administrative Charges and Penalties ................................ ................................ ... 94 Exhibit 5 Customer Service Plan ................................ ................................ .......................... 97 Exhibit 6 Collection Service Operations Plan ................................ ................................ ........ 99 Exhibit 7 Processing and Disposal Facilities ................................ ................................ ....... 109 Exhibit 8 Sustainability and Compliance Plan ................................ ................................ ..... 111 Exhibit 9 Education and Outreach Plan ................................ ................................ .............. 113 Exhibit 10 Acceptable Recyclable Materials ................................ ................................ ....... 119 Exhibit 11 ................................ ................................ ................................ ........................... 120
48
This Solid Waste Franchise Agreement (“Agreement”) is hereby entered into by and between the City of Suisun City, a general law city existing under the laws of the State of California (“City”), and Solano Garbage Company , a California Corporation d/b/a Republic Services of Fa irfield (“Contractor”), as of ______, 2025, under the terms and conditions set forth herein.
RECITALS
1 The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified at California Public Resources Code § 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for garbage collection within their jurisdiction. 2 The State of California has found and declared that the amount of garbage generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible State agency, and all local agencies, to promote disposal site dive rsion and to maximize the use of feasible garbage reduction, re -use, recycling, and composting options to reduce the amount of garbage that must be disposed of in disposal sites. 3 Pursuant to the Suisun City Code (the “City Code”) and California Public Resources Code § 40059(a) as may be amended from time to time, City has determined that the public health, safety, and well-being require that an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable materials, and organ ic waste materials, except for collection of materials excluded in the City Code, and other services related to meeting the Act’s fifty percent (50%) diversion goal and other requirements of the Act.
4 City further declares its intent to regulate and set the maximum rates Contractor may charge Service Recipients for the collection of garbage, recyclable materials, and organic waste materials. 5 The City Council has determined that Contractor, by demonstrated experience, reputation, and capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste materials within the corporate limits of City and the transportation of such material to appropriate places for processing, recycling, composting , and/or disposal; and City Council desires that Contractor be engaged to perform such collection services on the basis set forth in this Agreement; and Contractor has represented that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste materials within the corporate limits of City and the transportation of such material to appropriate places for processing, recycling, composting, and/or disposal. 6 By Resolution No. ___, the City Council of City duly approved this Agreement, together with the Franchise Fee, Vehicle Impact Mitigation Fee, Contractor payments to City, and other City-imposed fees provided for in the Agreement (collectively “City-Imposed Fees”), and found and determined that such City-Imposed Fees were both necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration of the contracted services, compliance with mandatory state laws and regulations related to the contracted services, and to mitigate the impacts contracted services will have on City streets.
49
OPERATIVE PROVISIONS
Now, therefore, in consideration of the mutual covenants, agreements, and consideration contained in this Agreement, City and Contractor agree as follows:
Article 1. Definitions
For the purpose of this Agreement, the definitions contained in this Article apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, a nd words in the singular include the plural. Use of the masculine gender includes the feminine gender. The meaning of terms or words not defined in this Article will be as defined in the Integrated Waste Management Act, or if not defined therein, then as commonly understood in the Solid Waste Collection industry when the common understanding is uncertain.
1.01 AB 341. “AB 341” means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial Solid Waste per week or multifamily residential dwellings of 5 units or more, to arrange for Recycling services and requires jurisdictions to implement a commercial Solid Waste Recycling program.
1.02 AB 827. “AB 827” means State of California Assembly Bill No. 827 approved October 02, 2019. AB 827 requires businesses that are mandated to recycle under AB 341 (“MCR”) and/or mandated to recycle Organic Waste under AB 1826 (“MORe”) or SB 1383 and that provide cu stomers access to the business, to provide customers with a Recyclable Materials bin and/or Organic Waste Collection bin for those waste streams that is visible, easily accessible, and adjacent to each Bin or Container for trash.
1.03 AB 939. “AB 939” or “The Act” means “The California Integrated Waste Management Act of 1989”, codified in part in Public Resources Code §§ 40000 et seq., and such regulations adopted by California Department of Resources Recycling and Recovery (CalRecycle) for im plementation of the Act, or its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statues of 2008 [Wiggins, SB 1016]), and the Mandatory Commercial Organics Recycling Act (AB 1826).
1.04 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594, approved September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative Daily Cover does not constitute Diversion through Recycling and would be conside red Disposal.
1.05 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826, approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an Organic Waste Recycling program to Divert from the landfill Organic Waste from busin esses. Each business meeting specific Organic Waste or Solid Waste generation thresholds phased in from April 1, 2016, to January 1, 2020, is required to arrange for Organic Waste Recycling services.
1.06 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036, approved September 27, 2018. AB 3036 prohibits a County, City, District, or local government agency from subjecting the hauling of certain byproducts from the processing of food or beverages to a n exclusive franchise, contract, license, or permit.
1.07 Administrative Charges and Penalties. “Administrative Charges and Penalties” means those charges listed in Exhibit 4 to this Agreement.
1.08 Agreement. “Agreement” means the written Solid Waste Franchise Agreement between the City and the Contractor covering the work to be performed, as well as all contract documents attached to the agreement and made a part thereof.
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1.09 Agreement Administrator. “Agreement Administrator” means the City Manager, or his or her designee, designated to administer and monitor the provisions of the Agreement.
1.10 Agreement Year. “Agreement Year” means each twelve (12) month period from July 1 to June 30 during the Term of this Agreement.
1.11 Alternative Fuel Vehicle. “Alternative Fuel Vehicle” means a vehicle whose engine uses a fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably low emissions of air pollutants regulated under the California Clean Air Act, Health, and Safety Code §§ 39000 et seq. or the South Coast Air Quality Management District’s rules and regulations including Rule 1193.
1.12 Applicable Law. “Applicable Law” shall mean all federal, state, county, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as may be enacted, issued, or amended thereafter, including, without limitation, the City Code, the California Integrated Waste Management Act of 1989 (Public Resources Code §§ 40000 et seq.) as amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of AB 939, AB 341, AB 1826, AB 1594, SB 1383, and inclusive of all regulations implementing the same. It shall also include SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, when associated regulations become effective , and the California Air Resources Board Advanced Clean Fleets regulations (2023).
1.13 Bin. “Bin” means a metal or plastic waste Container designed or intended to be mechanically serviced by a commercial front -end loader vehicle. It shall be designed to hold from one (1) to six (6) cubic yards of material with the lid properly closed. The specifications for Contractor-provided Bins are set forth in Exhibit 3.
1.14 Biohazardous or Biomedical Waste. “Biohazardous or Biomedical Waste” means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes , which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing, and surgical gloves.
1.15 Box. “Box” means a large open-top rectangular metal Container used to store and transport Solid Waste, Recyclable Materials, Green Waste, Construction and Demolition Debris , or other materials, Collected using a special vehicle equipped with hooks and a winch to pull the Box onto the flat bed of the truck for transport.
1.16 Bulky Waste. “Bulky Waste” means furniture, household appliances, shipping crates and containers, carpets, mattresses, oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large bulky or heavy items not normally discarded on a regular basis at a residential, commercial, or business establishment and which do not fit in a regular Collection Container and require special handling due to their size but can be Collected and transported without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. “Bulky Waste” does not include Construction and Demolition Debris, Household Hazardous Waste, or Electronic Waste, the latter of which is regarded as Universal Waste and the Disposal of which is governed by the Department of Toxic Substances Control.
1.17 Business Day. “Business Day” means any Monday through Friday, excluding any Holidays as defined in Section 1.58.
1.18 Calendar Year. “Calendar Year” means e ach twelve (12) month period from January 1 to December 31.
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1.19 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least twenty (20) and not more than one hundred (100) gallons, having a hinged tight -fitting lid and wheels, that is provided by the Exclusive Franchise Solid Waste Contractor, approved by the City, and used by Service Recipients for Collection, accumulation, and removal of Solid Waste from commercial, industrial, or residential Premises in connection with Exclusive Franchise Solid Waste Collection. The specifications for Contractor- provided Carts are set forth in Exhibit 3.
1.20 CERCLA. “CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., as may be amended and regulations promulgated thereunder.
1.21 Change in Law. “Change in Law” means the occurrence after the Commencement Date of any of the following events or conditions which have a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, c onstruction, equipping, financing, ownership, possession, management operation, or maintenance of the operating assets or providing the franchise service or other matters to which Applicable Law applies:
A. The enactment, adoption, promulgation, issuance, modification, or written change of or in Applicable Law, including but not limited to new or increased fees and charges imposed by the State of California, U.S. Federal government, City of Suisun City, or County of Solano, directly related to the Collection, handling, processing, Recycling, or Disposal of Solid Waste, or the enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation on or after Effective Date of any Applicable Law. Change in Law explicitly precludes any changes in laws or regulations promulgated by any government agency or regulatory body outside of the United States’ jurisdiction; B. The order or judgment of any U.S. Federal Governmental Body, California State Government Body, City Government Body, or Solano County Government Body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission , or lack of reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission, or lack of reasonable diligence; or
C. The denial of an application for, delay in the review, issuance , or renewal of, suspension, termination, interruption, or imposition of a new or more stringent condition in connection with the issuance, renewal, or failure of issuance or renewal on or after the Effective Date of any legal entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition , or failure materially and adversely interferes with the performance of this Agreement, of and to the extent that such denial, delay, suspension, termination, interruption, imposition , or failure is not the result of willful or negligent action, error or omission , or a lack of reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change of Law; provided, however, that the contesting in good faith or failure in good faith to contest any such denial, delay, suspension, term ination, interruption, imposition, or failure shall not be construed as such a willful or negligent action, error or omission, or lack of reasonable diligence.
1.22 City. “City” means t he City of Suisun City, California, including any unincorporated areas of the County that may be annexed by the City during the Initial Term and all extensions.
1.23 City Code. “City Code” means the Suisun City Code.
1.24 City Collection Service. “City Collection Service” means City Garbage Collection Service, Bulky Waste Collection Services, City Organic Waste Collection Service, City Recyclable Materials Service, and City-Sponsored Events Services as more particularly described immediately below. 52
A. City Garbage Collection Service . “City Garbage Collection Service” means t he Collection of Garbage, by Contractor, from City Service Units in the Service Area , and the delivery of that Garbage to the Disposal Facility.
B. City Organic Waste Collection Service . “City Organic Waste Collection Service ” means the Collection of Organic Waste, by Contractor, from City Service Units in the Service Area, and the delivery of those Organic Waste materials to the Organic Waste Processing Facility.
C. City Recyclable Materials Service. “City Recyclable Materials Service” means the Collection of Recyclables Materials by the Contractor from City Service Units in the Service Area , and the delivery of those Recyclable Materials to the Materials Recovery Facility.
D. City-Sponsored Event Services . “City-Sponsored Event Services ” means o n-call Collection Services at City-Sponsored Events.
1.25 City Facility. “City Facility(ies)” means any building or other site that the City owns, leases, or occupies that are listed in Exhibit 2.
1.26 City Manager. “City Manager” means the City Manager of the City of Suisun City, or his or her designated representative, or any employee of the City who succeeds to the duties and responsibilities of the City Manager.
1.27 Collect, Collection, and Collected . “Collect”, “Collection”, and “Collected” all refer to t he removal of Solid Waste from a Service Unit and transport ation to the Disposal Facility, Organic Waste Processing Facility, Materials Recovery Facility, or Transfer Station, as appropriate.
1.28 Collection Container. “Collection Container” means a Bin, Cart, Debris Box or Roll -Off Container that is approved by the Agreement Administrator for use by Service Recipients for Collection Services under this Agreement.
1.29 Collection Services. “Collection Services” means Contractor’s obligations under this Agreement to Collect Solid Waste within the Service Area. Collection Service includes Residential Collection Service, Multi-Family Dwelling ( MFD) Collection Service, Commercial Collection Service, and City Collection Service.
1.30 Collection Vehicle. “Collection Vehicle” means a licensed vehicle that has all required licenses to provide Collection Service and that has been approved by the Agreement Administrator for use under this Agreement.
1.31 Commencement Date. “Commencement Date” has the meaning specified in Section 2.01 of this Agreement.
1.32 Commercial Collection Service. “Commercial Collection Services” means Collection Service provided to Commercial Service Units. Commercial Collection Service specifically includes the following:
A. Commercial Garbage Collection Service. The Collection of Garbage by Contractor from Commercial Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility.
B. Commercial Organic Waste Collection Service . The Collection of Organic Waste, by Contractor, from Commercial Service Units in the Service Area and the delivery of those Organic Waste materials to the Organic Waste Processing Facility.
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C. Commercial Recyclable Materials Collection Service. The Collection of Recyclable Materials, by Contractor, from Commercial Service Units in the Service Area , and the delivery of those Recyclable Materials to the Materials Recovery Facility.
1.33 Compactor. “Compactor” means any Collection Container which has a compaction mechanism, whether stationary or mobile.
1.34 Compost. “Compost” means the act or product of the controlled biological decomposition of Organic Wastes that are Source Separated or are separated at a centralized facility. Compost may also include the product of anaerobic digestion or other conversion technologies.
1.35 Construction and Demolition Debris. “Construction and Demolition Debris ” means discarded materials removed from Premises, resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure or from landscaping. Such materials include , but are not limited to : “inert wastes” as defined in Public Resources Code § 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics and cured asphalt) ; gravel; plaster; gypsum wallboard; aluminum; glass; plastic pipe; roofing material; carpeting; wood; masonry; trees; remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging; and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings, and other structures.
1.36 Consumer Price Index (CPI). “CPI” means both the index sets published by the United States Department of Labor, Bureau of Labor Statistics and, more specifically, Consumer Price Index series CUSR0000SEHG, Water and Sewer and Garbage Collection Services in U.S. city average, all urban consumers, seasonally adjusted.
1.37 Container. “Container" means a Collection Container.
1.38 Contaminant. “Contaminant” or “Contamination” means any material or substance placed into or found in a Collection Container, other than the type of material for which that Collection Container is intended or reserved. For example, anything that is not Recyclable Materials is a Contaminant if placed into or found in a Recyclable Materials Collection Container ; anything that is not Organic Waste is a Contaminant if placed into or found in an Organic Waste Collection Container ; and anything that is not Trash is a Contaminant if placed into or found in a Trash Collection Container.
1.39 Contractor. “Contractor” means Solano Garbage Company, a California Corporation d/b/a Republic Services of Fairfield, which has entered into this Agreement.
1.40 County. “County” means Solano County, California.
1.41 Customer. “Customer" means the owner, occupant , or user of Premises at which Solid Waste is generated and then Collected by Contractor. Customers include Residential Customers, MFD Customers, and Commercial Customers. City is also a receiver of Collection Services, but not a Customer.
1.42 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid Waste at a permitted landfill or other permitted Solid Waste Disposal facility, as defined in California Public Resources Code § 40192(b).
1.43 Disposal Facility. “Disposal Facility” means the permitted place or places listed in Exhibit 7 for the Disposal of Garbage or other materials as appropriate and acceptable.
1.44 Diversion or Divert. “Diversion” and “Divert” refer to the programs and activities that reduce or eliminate the Disposal of Solid Waste in landfills, which can include source reduction, reuse, salvage, Recyclable Materials, and Composting.
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1.45 Diversion Compliance. “Diversion Compliance” means c ompliance with Diversion requirements under the Act and applicable CalRecycle regulations. Should there be a Change in Law for Diversion Compliance, Contractor may request a rate adjustment pursuant to Section 30.02.
1.46 Dwelling Unit. “Dwelling Unit” means a building or part of a building designed for residential use by a single independent housekeeping unit and having separate exterior access, toilet, and facilities for cooking and sleeping.
1.47 Edible Food. “Edible Food” has the same meaning as found in § 8.10.030 of the City Code.
Edible Food means food intended for human consumption. For purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discar ded. Nothing in this Agreement requires or authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food Code.
1.48 Edible Food Recovery. “Edible Food Recovery” means the actions to Collect and distribute Edible Food and distributing it to local food recovery organizations from places where it would otherwise go to waste, such as, but not limited to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities.
1.49 Effective Date. “Effective Date of Agreement” shall mean the date on which the Agreement is signed by the duly authorized representatives and the parties and delivered by the last of the parties to sign and deliver.
1.50 Electronic Waste (E -Waste). “E-Waste” means electronic equipment such as stereos, televisions, computers, and other similar items Collected from Single-Family Dwelling (SFD) Service Units or MFD Service Units.
1.51 Exempt Waste. “Exempt Waste” consists of “Excluded Waste” as defined in § 8.10.030 of the City Code as well as Biohazardous or Biomedical Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead -acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission.
1.52 Food Waste. “Food Waste” means (1) food scraps , including all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells; and (2) food -soiled paper, which is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes. Food Waste excludes fats, oils, and grease when such materials are Source Separated from other Food Waste.
1.53 Franchise Fee. “Franchise Fee” means a payment that the Contractor has voluntarily agreed to pay to City in consideration of the exclusive rights granted by the City under this Agreement. City and Contractor acknowledge and agree that the amount of the Franchise Fee is the result of bona fide, arms-length negotiations between City and Contractor . Contractor further acknowledges and agrees that the amount of the Franchise Fee represents the City’s costs associated with this Agreement, payment for use of government property (including but not limited u se of the public rights -of-way), and the repairing of impacts of Solid Waste Collection Service on government property . Contractor is not required by this Agreement or any City ordinance, resolution, or regulation to charge the Franchise Fee to Customers , but is a cost of doing business . Because the Fra nchise Fee represents a cost to Contractor in performing services pursuant to this Agreement, Contractor may, in its sole discretion, include an amount equal to the Franchise Fee in Contractor’s compensation.
1.54 Garbage. “Garbage” means a ll putrescible and non -putrescible solid, semi -solid, and associated liquid waste generated or accumulated through the normal activities of a Premises. Garbage does not include Recyclable Materials, Organic Waste, or Bulky Waste that is source -separated and set out for purposes of Collection and Recycling.
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1.55 Green Waste. “Green Waste” means grass clippings, leaves, landscape and pruning waste, wood materials from trees and shrubs, and other forms of organic materials generated from landscapes or gardens.
1.56 Gross Revenue. “Gross Revenue” means all monetary amounts actually Collected or received by Contractor for the provision of all services pursuant to this Agreement, including, but not limited to: all receipts from Service Recipients, inclusive of late charges, Contamination charges, Franchise Fees, or any other cost of doing business . “Gross Revenue”, for purposes of this Agreement, does not include revenues generated from the sale of Recyclable Material, Compost, or energy; or grants, cash awards , State of California Department of Conservation payments, or rebates resulting from the performance of this Agreement.
1.57 Hazardous Waste. “Hazardous Waste” shall have the meaning set forth in California Code of Regulations, Title 14 §17225.32 and Health and Safety Code §25117, or successor laws and regulations as may be amended from time to time.
1.58 Holiday. “Holiday” means New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and any other day recognized as a holiday by resolution of the City Council.
1.59 Household Hazardous Waste (HHW). “HHW” means that waste resulting from products purchased by the general public for household use which, because of its quantity, concentration , or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, Disposed, or otherwise managed, or, in combination with other Solid Waste, may be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of Regulations Title 22, Division 4.5, Chapter 11, § 66261.3.
1.60 Kitchen Food Waste Pail. “Kitchen Food Waste Pail” means a plastic receptacle with a rated capacity not exceeding two and one -half (2.5) gallons, having a hinged lid, suitable for use in a SFD Service Unit for temporary storage of SFD Organic Waste that is approved for such purpo se by City.
1.61 Materials Recovery Facility. “Materials Recovery Facility” means the facility listed in Exhibit 7 to which Recyclable Materials are brought for separation into marketable Recyclable Materials.
1.62 Maximum Service Rate. “Maximum Service Rate” means t he maximum amount that Contractor may charge Service Recipients for Solid Waste Collection, as listed in Exhibit 1, and as may be adjusted in accordance with the provisions of this Agreement.
1.63 Multi-Family Dwelling ( MFD). "Multi -Family Dwelling" and "MFD" mean any building or structure, or portion thereof, including but not limited to Mobile Home Parks, used for residential purposes, and having five (5) or greater distinct living units.
1.64 Multi-Family Dwelling ( MFD) Collection Service. “MFD Collection Service ” means Collection Service that serves a Multi-Family Dwelling, and specifically includes the following:
A. MFD Garbage Collection Service. The Collection of Garbage, by Contractor, from MFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility.
B. MFD Bulky Waste Collection Service . The periodic on -call Collection of Bulky Waste, by Contractor, from MFD Service Units in the Service Area and the delivery of those Bulky Waste to the Disposal Facility, Materials Recovery Facility, or such other facility as may be appropriate under the terms of this Agreement. MFD Bulky Waste Collection Service may include the Collection of Bulky Waste using Roll-Off Containers.
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C. MFD Organic Waste Collection Service . The Collection of Organic Waste, by Contractor, from MFD Service Units in the Service Area, and the delivery of those Organic Waste materials to the Organic Waste Processing Facility.
D. MFD Recyclable Materials Service. The Collection of Recyclables Materials by the Contractor from MFD Service Units in the Service Area , and the delivery of those Recyclable Materials to the Materials Recovery Facility.
1.65 Non-Collection Notice. “Non-Collection Notice” means a written notice approve d by the Agreement Administrator that notifies a Service Recipient of the reason Contractor did not Collect Solid Waste set out for Collection.
1.66 Organic Waste. “Organic Waste” has the same meaning as set forth in § 8.10.030 of the City Code and means Food Waste, Green Waste, Wood Waste, and food-soiled paper waste that is mixed in with Food Waste. Plastic bags, including compostable plastic bags, are not accepted in the City’s Organic Materials Collection program unless otherwise determined mutually by City and Contractor. Paper products and printing and writing paper, each as defined in SB 1383, may be placed in either the Recyclable Materials Container or the Organic Waste Container. Carpet and textiles, as well as compostable plastic materials , may not be placed in either the Recyclable Materials Container or the Organic Waste Container.
1.67 Organic Waste Collection Service. “Organic Waste Collection Service” means the Collection of Organic Waste from Service Units , and the delivery of those Organic Waste materials to the Organic Waste Processing Facility.
1.68 Organic Waste Processing Facility. “Organic Waste Processing Facility” means the facility designed, operated, and legally permitted for the purpose of receiving and processing Food Waste, Green Waste, and Organic Waste listed in Exhibit 7.
1.69 Overage. “Overage” means Solid Waste set out for Collection either on top of or outside of a Container or in any manner that either prevents the Container lid from completely closing or potentially causes Solid Waste to spill during Collection by Contractor’s vehicles.
1.70 Premises. “Premises” means any land or building in the City where waste is generated or accumulated.
1.71 Prohibited Container Contaminants. “Prohibited Container Contaminants” means any of the following, but does not include Organic Waste specifically allowed for Collection in a Container that is required to be transported to a high Diversion Organic Waste processing facility if the waste is specifically identified as acceptable for Collection in that Container in a manner that complies with the requirements of 14 CCR §§ 18984.1, 18984.2, or 18984.3 : (A) Non -Organic Waste placed in a Collection Container designated for Organic Waste provided pursuant to 14 CCR §§ 18984.1 or 18984.2; (B) Organic Wastes that are carpet, hazardous Wood Waste, or non-compostable paper placed in the Collection Container that is part of an Organic Waste Collection Service provided pursuant to 14 CCR §§ 18984.1 or 18984.2; (C) Organic Wastes placed in a Collection Container designated for Garbage, that pursuant to 14 CCR § 18984.1 or 18984.2 were intended to be Collected separately in a Collection Container designated for Organic Waste or Recyclable Materials; (D) Organic Wastes placed in the Collection Container designated for Recyclable Materials shall be considered Prohibited Container Contaminants when those wastes were specifically identified in this Agreement, or through local ordinance for Collection in the Container designated for Organic Waste, or mutually agreed to and promulg ated by the City and Contractor. Paper products, printing and writing paper, wood , and dry lumber may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in Collection Container designated for Recyclable Materials; and (E) Exempt Waste placed in any Collection Container. 57
1.72 Quarter. “Quarter” means a three-month period during a Calendar Year. The first Quarter is January through March . The second Quarter is April through June . The third Quarter is July through September. The fourth Quarter is October through December.
1.73 Rate Year. “Rate Year” means the period of July 1 to June 30 for each year during the Term of this Agreement.
1.74 Recyclable Materials. “Recyclable Materials ” means those materials that are separated from Solid Waste prior to Disposal to be recycled, consistent with the requirements of the Act. Recyclable Materials that can be placed in the Recyclable Materials Container are listed in Exhibit 1 0, and the term also includes any other items determined by the Agreement Administrator.
1.75 Recycling. “Recycling” means the process of Collecting, sorting, cleansing, treating, and/or marketing Recyclable Materials that would otherwise become Garbage, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace . The Collection, transportation, or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as defined in Public Resource s Code § 40201. Paper products and printing and writing paper, each as defined in SB 1383, may be placed in either the Recyclable Materials Container or the Organic Waste Container. Carpet and textiles, as well as compostable plastic materials , may not be placed in either the Recyclable Materials Container or the Organic Waste Container.
1.76 Residential Collection Service. “Residential Collection Service” means ongoing regularly scheduled Collection of Solid Waste by an Exclusive Franchise from Residential Service Units and MFD Service Units, and the delivery of that Solid Waste to the Disposal Facility, Materials Recovery Facility, and/or Organic Waste Processing Facility.
1.77 Residential Premises. “Residential Premises” means : (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and (ii) any multiple -unit residential complex which, with the prior written approval of the City Manager, receives Solid Waste Collection using standard residential Containers.
1.78 Roll-Off Container. “Roll-Off Container” means a metal Container with a capacity of ten (10) or more cubic yards that is normally loaded onto a specialized Collection vehicle and transported to the appropriate facility.
1.79 SB 1383. “SB 1383” means State of California Senate Bill 1383 , Short-lived Climate Pollutants: Organic Waste Reductions, approved September 19, 2016 , and the regulations implementing the law, Title 14, Code of California Regulations (CCR), Chapter 12.
1.80 SB 54. “SB 54” means State of California Senate Bill 54, Plastic Pollution Prevention and Packaging Producer Responsibility Act, approved June 30, 2022, and the regulations implementing the law, adding Chapter 3 within Part 3 of Division 30 of the California Public Resources Code.
1.81 Self-Haul. “Self-Haul” means the Collection of Solid Waste by the resident, owner, or occupant of the Premises on which the Solid Waste was generated , pursuant to a City -issued permit and in accordance with the requirements of the City Code.
1.82 Service Area. “Service Area” means that area within the city limits of the City of Suisun City designated by City as the Service Area.
1.83 Service Recipient. “Service Recipient” means an individual or entity receiving Collection Service. Service Recipient and Customer are used interchangeably depending on context. 58
1.84 Service Unit. “Service Unit” means a single subscriber to Contractor’s Solid Waste Collection. Service Unit specifically includes the following:
A. City Service Unit. City Facility(ies) that utilize a Bin, Cart, or Roll -Off Container(s) for the accumulation and set-out of Solid Waste. City Service Units are the properties set forth in Exhibit 2 and may be modified by written notice to Contractor by the City.
B. Commercial Service Unit . All retail, professional, wholesale , and industrial facilities, as well as other commercial enterprises offering goods or services to the public , that utilize a Garbage Bin, Cart, Compactor, or Roll-Off Container for the accumulation and set-out of Commercial Solid Waste.
C. Multi-Family Dwelling (MFD) Service Unit. A “MFD Service Unit” refers to any Multi- Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid Waste originating from MFD Residential Premises.
1.85 Single-Family Dwelling (SFD) Service Unit. “Single-Family Dwelling” and “SFD” shall mean any building or structure, or portion thereof , including but not limited to Mobile Home Parks, used for residential purposes, and having four (4) or fewer distinct livi ng units. A SFD Service Unit refers to a ny Single-Family Dwelling Unit in the Service Area utilizing a Cart for the accumulation and set out of Solid Waste originating from SFD Residential Premises . The term SFD Service Unit is inclusive of all SFD Dwelling Units regardless of how many SFD Dwelling Units sit on a single parcel; though multiple Dwelling Units may exist on one parcel, to the extent that one SFD Dwelling has four (4) or fewer distinct living units, it shall be treated as a SFD Service Unit.
1.86 SFD Collection Service. “SFD Collection Service” means SFD Garbage Collection Service, SFD Recyclable Materials Service, SFD Organic Waste Collection Service, and SFD Bulky Waste Collection Service.
A. SFD Garbage Collection Service. The Collection of Garbage, by Contractor, from SFD Service Units in the Service Area, and the delivery of that Garbage to the Disposal Facility.
B. SFD Bulky Waste Collection Service . The periodic on -call Collection of Bulky Waste, by Contractor, from SFD Service Units in the Service Area , and the delivery of those Bulky Waste to the Disposal Facility, Materials Recovery Facility, or other such facility as may be appropriate under the terms of this Agreement. SFD Bulky Waste Collection Service does not include the Collection of Bulky Waste using Roll-Off Containers.
C. SFD Organic Waste Collection Service . The Collection of Organic Waste, by Contractor, for SFD Service Units in the Service Area , and the delivery of those Organic Waste Materials to the Organic Waste Processing Facility.
D. SFD Recyclable Materials Service. The Collection of Recyclable Materials , including dry-cell household batteries when set out by the Service Recipient in heavy duty plastic bags and placed on the Recyclable Materials Cart, by the Contractor from SFD Service Units in the Service Area the delivery of those Recyclable Materials to the Materials Recovery Facility.
1.87 Single-Family Dwelling or SFD. “Single-Family Dwelling” or “SFD” means any residential Premises with four (4) or fewer single attached Dwelling Units, each designed for use by one bona fide housekeeping group.
1.88 Sludge. “Sludge” means the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, as well as mixed liquids and solids pumped from septic tanks, 59
grease traps, privies, or similar disposal appurtenances , or any other such waste having similar characteristics or effects.
1.89 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage Sludge which is not Hazardous Waste, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, as set forth in California Public Resources Code § 40191(a)(b), as amended from time to time. Solid Waste includes Recyclable Materials but does not include (1) Hazardous Waste; (2) radioactive waste regulated pursuant to the Health and Safety Code §§ 114960 et seq.;(3) medical waste regulated pursuant to the Health and Safety Code §§ 117600 et seq.; and (4) Exempt Waste.
1.90 Solid Waste Collection. “Solid Waste Collection” means the Collection of Garbage, Recyclable Materials, and Organic Waste within the corporate limits of City, and the transportation of such material to appropriate places for processing, Recycling, Composting, and/or Disposal.
1.91 Source Separated. “Source Separated” means materials that have been kept separate in the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4).
1.92 Source Reduction and Recycling Element (SRRE). “SRRE” means a formal planning document that demonstrates how the City will comply with the Act’s Diversion goals.
1.93 Term. “Term” means the time period or duration for which the Agreement is in effect.
1.94 Tier One Commercial Edible Food Generator. “Tier One Commercial Edible Food Generator”, defined within SB 1383, means a commercial Edible Food generator that has an SB 1383 compliance deadline of January 1, 2022. Tier One Generators may include supermarkets; grocery stores with a total facility size equal to or greater than 10,000 square feet; food service providers that serve institutional, governmental, commercial, or industrial locations ; food distributors ; and/or wholesale food vendors.
1.95 Tier Two Commercial Edible Food Generator. “Tier Two Commercial Edible Food Generator”, defined within S B 1383, means a commercial Edible Food generator that has an SB 1383 compliance deadline of January 1, 2024. Tier Two Generators may include restaurants with 250 or more seats or a total facility size equal to or greater than 5,000 square feet; hotels with an on -site food facility and 200 or more rooms; health facilities with an on-site food facility and 100 or more beds; large venues (permanent venue facilities that annually seat or serve an average of more than 2,000 individuals within the grounds of the facility per day of operation); large events (events that serve an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event); state agencies; and/or local education agencies.
1.96 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 7 for conveyance of Solid Waste Collected by Contractor into larger vehicles prior to transportation of the Solid Waste to the Disposal Facility or Processing Facility.
1.97 Unicycling. “Unicycling” means a method of separating trash and Recyclable Materials in a single Collection Container. Garbage materials are Collected in bags and deposited into the Collection Container, and Recyclable Materials are deposited into the Collection Container loose and unbagged. 60
1.98 Universal Waste or U -Waste. “Universal Waste” or “U -Waste” means electronic devices, dry-cell batteries, non-empty aerosol cans, fluorescent lamps, fluorescent bulbs, mercury thermostats, and other mercury-containing equipment.
1.99 Waste. “Waste” means the useless, unused, unwanted , or discarded material and debris resulting from normal residential and commercial activity or materials which, by their presence, may injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof, but does not include Exempt Waste.
1.100 Waste Generator. “Waste generator” means any person, as defined by the most current version of the Public Resources Code, whose act or process produces Solid Waste as defined in that same code, or whose act first causes Solid Waste to become subject to regulation.
1.101 Workday. “Workday” means a ny day, Monday through Saturday, that is not a Holiday as set forth in this Agreement.
1.102 Wood Waste. “Wood Waste” means Solid Waste consisting of stumps, large branches, tree trunks, and wood pieces or particles that are generated from the manufacturing or production of wood products; harvesting, processing , or storage of raw wood materials ; or Construction and Demolition activities.
Article 2. Term of Agreement
2.01 Term of Agreement. The Term of this Agreement will be for a ten (10) year period beginning July 1, 2025, and terminating on June 30, 2035. Contractor shall commence performance of its Solid Waste Collection obligations under this Agreement on July 1, 2025 (“Commencement Date”).
2.02 Optional Extension of Term. City may, in its sole discretion, grant Contractor two additional five (5) year extensions of the Term. The City may decline to negotiate an extension of the Term if the following preconditions are not satisfied; (1) Contractor is not then in default of any material term or condition of the Agreement; (2) Contractor has paid City on time all required fees associated with Agreement; or (3) Contractor has failed to request the Optional Extension of Term by October 1, 2033, in order to be eligible for the first extension, or by October 1, 2038, to be eligible for the second extension . City shall consider performance standards and the results of performance revie ws, as outlined in Article 1 7, in decisions regarding extension of term.
Article 3. Conditions Governing Services Provided by Contractor
3.01 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and conditions set forth herein , including the limitations set forth in Sections 3.02 and 3.03, the exclusive franchise, right, and privilege to collect, remove , and dispose of, in a lawful manner, Solid Waste, Recyclable Materials, and Organic Materials accumulating in the City’s Service Area that are required to be accumulated and offered for Collection to the Contractor in accordance with Applicable Law, for the Term of and within the scope set forth in this Agreement.
3.02 Recyclable Materials, Organic Waste, and Bulky Waste Discarded by Service Recipients.
This Agreement shall not prohibit any Service Recipient from selling Recyclable Materials or Organic Waste or giving Recyclable Materials or Organic Waste away to persons or entities other than Contractor.
However, in either instance: (1) the Recyclable Materials and Organic Waste must be Source Separated from and not mixed with other Solid Waste; and (2) the seller/donor may not pay the buyer/don or any consideration for Collecting, processing, or transporting such Recyclable Materials or Organic Waste. A discount or reduction in the price for Collection, Disposal, and/or Recycling services for any form of un - segregated or segregated Solid Waste is not a sale or donation of Recyclable Materials or Organic Waste, and such Solid Waste does not qualify for this exception. However, once the Recyclable Materials or 61
Organic Waste have been placed in the Collection Container and the Container set out for Collection, the Recyclable Materials or Organic Waste become the property of Contractor and cannot be sold or donated.
3.03 Exclusions to Exclusivity.
3.03.1 Specialized Recyclable Materials. If Contractor expressly advises City in Writing that it is unable or unwilling to Collect and process for specific Diversion specialized materials, after being provided the opportunity in writing to provide the specific service, including, but not limited to, Organic Waste, metals, Construction and Demolition Debris, laboratory waste, pallets , clothing, shoes, textiles, plastic, and others, and a third party is able to re-use or Recycle one or more of these materials, Service Recipients shall have the right to engage the third-party recycler to Collect and Recycle those Source-Separated Recyclable Materials, provided that the Diversion is verified by the City.
3.03.2 Recyclable Materials Sold By Commercial Generator. If the Waste Generator at a Commercial Service Unit has Source Separated Recyclable Material , the Waste Generator is entitled to sell that Recyclable Material when such collector is permitted as appropriate under the City Code.
3.03.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), certain byproducts from the processing of food or beverages from agricultural or industrial sources, provided they do not include animal, including fish, processing byproducts, they are Source- Separated, they are not discarded , and they are used as animal feed, are exempted from this Exclusive Franchise Agreement. Entities requesting exemption must apply to the City and be any of the following: registered pursuant to § 110460 of the Health an d Safety Code, or be exempted from registration pursuant to § 110480 of the Health and Safety Code, or be a beer manufacturer as defined in § 23012 of the Business and Professions Code, or be a distilled spirits manufacturer, as defined in § 23015 of the Business and Professions Code.
3.03.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky Waste which is Source Separated at any Premises by the waste generator and donated to youth, civic , or charitable organizations qualified as such pursuant to Federal law.
3.03.5 Gardening or Landscape Services. Green Waste removed from a Premises by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service.
3.03.6 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to Disposal or Processing Facilities, to the extent authorized by the City Code.
3.03.7 Materials Generated or Accumulated During An Emergency or Disaster.
During and following an emergency or disaster, as determined by City in its sole discretion, City may enlist additional contractors or other entities in the Collection, transportation, and/or Disposal of any and all types of materials that are generated or accumulated. In particular, the City may choose to pursue reimbursement of disaster services through the Federal Emergency Management Agency (FEMA), which would require that the associate d disaster services be secured via a competitive bidding process. Contractor shall not be prohibited by any part of this Agreement from participating in this competitive bidding process, but City shall be free to put services associated with declared disasters out to bid in accordance with FEMA requirements and enlist additional contractors based on the results of that process.
3.04 Responsibility for Service Billing and Collection. Contractor is responsible for the billing and collection of payments for Solid Waste Collection within the Service Area. 62
Article 4. Franchise Fees and Payments
4.01 Contractor’s Payments to City. The Parties agree that all fees and any payments owed by Contractor to City under this Agreement are the product of extensive negotiations and constitute valid consideration for the rights and privileges granted to Contractor under this Agreement.
4.01.1 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall reimburse the City a one -time fee of seventy thousand dollars ($70,000) for the cost of the Franchise Agreement solicitation, evaluation , negotiation, and award process. This fee shall be due and payable on the thirtieth (30th) day after the Effective Date of the Agreement.
4.01.2 Monthly Fees and Payments. The following monthly fees and payments shall be due and payable on the twentieth day of the month following the end of each month for which Solid Waste Collection was provided, with the first such payment being due on October 20, 2025. The City Council may adjust the Monthly Fees by resolution, in which case Contractor shall be entitled to a n adjustment to Maximum Service Rates as a City -directed change in accordance with Section 30.01. The Monthly Fees shall be accompanied at the time of payment by a written report, in a format acceptable to the City, setting forth the calculations Contractor used to determine the amount due and the basis for those calculations.
Figures used in the report shall be t aken from Contractor’s general books of account, and Contractor shall retain all supporting documentation in accordance with the records retention requirements in Section 22.01.
4.01.3 Franchise Fee. Contractor shall pay to City an amount equal to thirteen percent (13%) of all Gross Revenues, as and for a franchise fee for services directly billed by Contractor purusant ot Article 6. The Franchise Fee shall be due and payable monthly within twenty (20) days following the end of each month. If payment is not received within said twenty (20) day period, interest shall accrue thereon at the maximum interest rate permitted under California law, but not to exceed ten percent (10%) per annum. Any such fee shall have prospective effect only; provided, however, that should any adjustment be given retroactive effect, the applicable Franchise Fee shall also be given such effect. Contractor and City mutually acknowledge and agree that Contractor’s Franchise Fee Payments to City is part of a bargained- for exchange of consideration under this Agreement that includes, but is not necessarily limited to Contractor’s right to maintain its Collection Containers in and on the public rights-of-way of the City, subject to the requirements and conditions herein, which is a material benefit to Contractor.
4.02 Adjustments to Fees. City may set other fees or adjust the fees established in this Article from time to time during the Term of this Agreement in accordance with Applicable Law , and such adjustments and any Franchise Fee adjustments shall be included in the adjustment of Maximum Rates as described in Exhibit 1.
4.03 Time and Method of Payment. Contractor shall pay all amounts owed under this Article without prior notice or demand and without abatement, deduction, offset , or credit in lawful money of the United States, on or before the applicable due date, unless the due date lands on a weekend or Holiday, in which case the due date shall be the next Business Day. If sent by U.S. mail, the remittance must be post- marked on or before the due date. If hand-delivered, Contractor must request and receive a date-stamped receipt from the City by 5:00 p.m. Pacific Time (PT) on the due date.
4.04 Franchise Fee Disputes. In the event of any disputes between the Contractor and the City with respect to the fees described in this Article, the City shall provide the Contractor with written objection within one hundred eighty ( 180) days of the receipt of the written report described in Section 4.01.2, encompassing the dispute amount. The City shall state its objections in writing with reference to the applicable portion(s) of the report and its reasons then known for its dispute. The Parties agree to meet and confer regarding any such dispute.
4.05 Judicial Determination. In the event any City-Imposed Fee (hereinafter “CIF”) is determined to be excessive, invalid, or unenforceable by a judgment or order of a court of competent jurisdiction that is expressly binding on one or more of the Parties hereto : (i) Contractor shall not charge or collect the future 63
portion of such CIF; (ii) to the extent the Customers are entitled to a reimbursement of any portion of such CIF, and City is required to reimburse Contractor in the amount of such CIF previously remitted to City, thereafter Contractor shall directly reimburse all Customers entitled to reimbursement in the amount attributable to each Customer account. In no event shall Contractor retain any portion of the fees reimbursed by City; (iii) to the extent the Customers are entitled to a reimbursement of such CIF, and City is required by a court to directly reimburse Customers, Contractor shall assist City in identifying all Customers entitled to a reimbursement, quantifying the reimbursement amount attributable to each Customer account, and obtaining and prov iding to City any other information needed to satisfy the obligations imposed by a court; and (iv) City and Contractor will, within thirty (30) days following such court decision, meet and confer to negotiate in good faith and using reasonable efforts to a ttempt to agree on modifications to the Agreement.
4.06 City Payments to Contractor . The Parties agree that all fees and any payments owed by City to Contractor under this Agreement are the product of extensive negotiations.
4.06.1 HHW Services Payment. City shall annually pay Contractor sixteen thousand three hundred two dollars ($16,302) as a contribution to the cost of HHW services provided within this Agreement. This payment amount shall increase annually on July 1 by the CPI Adjustment Calculation in Section 6.02.1.
Article 5. General Requirements
5.01 Service Standards. Contractor must perform all Solid Waste Collection under this Agreement in a thorough and professional manner as described in Article 25, while meeting the minimum performance and Diversion standards listed in Article 17, according to the Sustainability and Compliance Plan (Exhibit 8) developed by the Contractor and approved by the City . Contractor’s performance under this Agreement, with respect to both Collection Services and any other services provided under or pursuant to this Agreement shall be in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
5.02 Legal Compliance . In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations, which shall include but not be limited to all Applicable Laws. The City shall give Contractor writ ten notice prior to any amendment to the City Code that would materially affect the performance of Contractor’s obligations under this Agreement. Such notice shall be provided at least thirty (30) days prior to adoption of the amendment, except in the cas e of an amendment adopted pursuant to an urgency ordinance that may go into effect immediately pursuant to state law, in which case, notice shall be given to Contractor as soon as is reasonably possibly under the circumstances.
5.03 Labor and Equipment. Contractor must provide and maintain all labor, equipment, tools, facilities, and personnel supervision required for the performance of Contractor’s obligations under this Agreement. Contractor must always have sufficient backup equipment and labor to fulfill Contractor’s obligations under this Agreement. No compensation for Contractor’s services or for Contractor’s supply of labor, equipment, tools, facilities , or supervision will be provided or paid to Contractor by City or by any Service Recipient except as expressly provided by this Agreement.
5.04 Holiday Service and Office Hours.
5.04.1 Holiday Office Hours. Contractor is not required, but shall have the option, to maintain office hours on the designated Holidays as defined in Section 1.57: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and any other day recognized as a holiday by resolution of the City Council. 64
5.04.2 Holiday Service. Contractor is not required, but shall have the option, to provide Solid Waste Collection on the following subset of Holidays: New Year’s Day, Labor Day, Thanksgiving Day, and Christmas Day. In any week in which one of these Holidays falls on a Workday, SFD Collection Services for the Holiday and each Workday thereafter will be delayed one Workday for the remainder of the week , with normally scheduled Friday SFD Collection Services being performed on Saturday. Commercial Collection Services will be adjusted as set forth in 11.01, but must meet the minimum frequency requirements of one (1) time per week. Solid Waste Collection will not take place on Sundays, unless previously authorized by the Agreement Administrator.
5.05 Inspections. The City has the right to inspect Contractor’s facilities or Collection Vehicles and their contents used to provide services pursuant to this Agreement at any reasonable time while operating inside or outside the City without advance notice to the Contractor.
5.06 Commingling of Materials.
5.06.1 SFD Materials Collected in Suisun City . Contractor may not at any time commingle any SFD materials Collected pursuant to this Agreement with any other material Collected by Contractor inside or outside the City of Suisun City without the express prior written authorization of the Agreement Administrator.
5.06.2 Commercial Garbage Materials Collected in Suisun City . Contractor may commingle Commercial Garbage materials Collected pursuant to this Agreement with other materials Collected outside the City of Suisun City, provided that Contractor tracks the tonnage of Commercial material Collected inside the City of Suisun City separately using a City -approved allocation methodology. Changes to the allocation methodology may only be made with the express prior written authorization of the Agreement Administrator.
5.06.3 Recyclable Materials. Subject to Sections 10.10.2, 11.09.4, and 12.06.4, Contractor may not at any time commingle Recyclable Materials Collected pursuant to this Agreement with any other material type Collected by Contractor without the express prior written authorization of the Agreement Administrator.
5.06.4 Organic Waste. Subject to Sections 10.11.3, 11.10.4, and 12.07.6, Contractor may not at any time commingle Organic Waste Collected pursuant to this Agreement with any other material type Collected by Contractor, without the express prior written authorization of the Agreement Administrator.
5.06.5 Commingled Garbage and Recyclables. Only in special circumstances in which separate Collection Containers pose a challenge due to space or logistical constraints, and with prior written authorization of the Agreement Administrator, Contractor may Collect Commercial Garbage and Recyclable Materials in the same Collection Container, using a Split-bin or Unicycling, for the purposes of processing Recyclable Materials for Diversion.
5.07 Contamination.
5.07.1 Contractor must offer the Service Recipients the correct combination of Cart and Bin sizes and Collection frequency beyond the minimum bundled service requirements , as necessary, that matches their unique service needs to reduce Contamination, and to provide service at the least cost to Service Recipient s. To support City’s Diversion goals and Contractor’s Diversion Requirements as set forth in Article 8, Contractor is only required to Collect and process Recyclable Materials if they have been separated by the Service Recipient from Garbage and Organic Waste and will only be required to Collect Organic Waste if it has been Source Separated by the Service Recipient from Garbage and Recyclable Materials.
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5.07.2 As part of Contractor’s Public Education Services under Section 20.02, Contractor has agreed to provide outreach and support to Service Recipients as described in the Contractor’s Sustainability and Compliance Plan provided as Exhibit 8 and the Education and Outreach Plan provided as Exhibit 9 . Additionally, Contractor’s route Collection personnel will report to Contractor’s supervisors if they observe potential Contamination problems and/or insufficient Collection capacity. For purposes of determining Contamination, if, by visual or digital inspection, Recyclable Materials are commingled with ten percent (10%) by weight or volume of Garbage or Organic Waste, or if, by visual inspection, Solid Waste Materials are commingled with ten percent (10%) by weight or volume of Recyclables or Organic Waste, or if, by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable Materials, then Recyclable Materials, Solid Waste Materials, and/or Organic Waste will be deemed , respectively, to be Contaminated, and Contractor may take the following steps:
5.08 Violations by Service Recipients. The following provisions will apply to all Commercial, MFD, and SFD Service Recipients. An occurrence is defined as an event of Contamination in one day, meaning that two occurrences cannot occur on the same day. None of the following apply to Exempt Waste, for which Contractor has no service obligations.
5.08.1 First Occurrence. For the first occurrence of Contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), Contractor must Collect the Contaminated Container (as Solid Waste) and must affix to the Contaminated Container a Contamination Violation Notice which contains instructions on the proper procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 1383 requirements), that for the second and subsequent incidents of excess Contamination, the Service Recipient may be charged a Contamination fee for the Contaminated Container, and Contractor may increase the Collection Container size, or require an additional Collection Container. Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, or in person (which may be a Container tag that meets SB 1383 requirements) to ensure that they have the appropriate level of service for proper Collection of Recyclable Materials and/or Organic Waste. Contractor must also document the Contamination issue and provide digital/visual documentation to the Service Recipient th at clearly documents the Service Recipient’s on-going Contamination problems.
5.08.2 Second Occurrence. For the second or subsequent occurrence of Contamination for a particular Container (i.e., Recyclable Materials or Organic Waste), Contractor must Collect the Contaminated Container (as Solid Waste) and must charge the Service Recipient a Contamination fee as set forth in Exhibit 1. Contractor must continue providing the Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) digital/photographic documentation to the Service Recipient that cle arly documents the Service Recipient’s on -going Contamination problems and written Notices of Contamination as described above. Contractor may increase the Container size or Collection frequency and impose a Contamination surcharge on the account for a period of six months or until the Service Recipient has demonstrated no Contamination for a period of three consecutive months. Contractor must document Contamination issue and surcharge and notify City within five (5) Business Days if Contractor increases the Container size or Collection frequency for excessive Contamination or imposes the Contamination surcharge on the account. City will consult with Contractor and consider and pursue , as applicable, appropriate legal remedies against offending Service Recipients to secure discontinuance of the Contamination.
5.09 Tracking Occurrences of Contamination. Regarding Section 5.07, each Contamination occurrence is tracked annually per Calendar Year, and resets every three year on January 1. Where Contamination is occurring, and occurrences are consecutive and unremedied , their count shall continue across Calendar Years until remedy occurs. In this case, once the Service Recipient has demonstrated no Contamination for a period of three consecutive years, the compliance tracking calendar will reset. 66
5.10 Disputes Over Excess Contamination Charges. If Service Recipient disputes a Contamination charge (which must be within thirty (30) days of them being assessed), Contractor will temporarily halt any Contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size, or Collection frequency, and Contractor may request a ruling by the City Manager to resolve the dispute . During the pendency of any request, Contractor may restore Container size or number or Collection frequency to the prior levels. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting of Contamination charge, or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the dispute within ten (10) Business Days , and the City Manager’s decision on resolving the dispute between Contractor and Service Recipient shall be based solely on the weight of the evidence presented by the Contractor and Customer and will be final. If the City Manager rules in favor of the Service Recipient, Contractor will credit the disputed Contamination charges or increased Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Contamination charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or Collection frequency and may follow the steps in Section 7.08 for collection of delinquent accounts.
5.11 Overage and Correction Procedures. Contractor shall provide the Service Recipients the correct combination of Collection Containers and Collection frequency that matches each Service Recipient’s unique service needs to enable clean, efficient, and cost -effective Collection of Solid Waste, Recyclable Materials, and Organic Waste. City and Contractor agree that overflow of Solid Waste that is not properly in the Service Recipient ’s Solid Waste Collection Containers negatively impacts public health and safety. Contractor has also agreed to conduct Recycling audits and provide outreach and support to Service Recipient accounts receiving the correct service level. However, if Service Recipients are found to habitually overflow their Solid Waste Collection Containers (i.e., lid will not close, and/or material not contained within Container), Contractor may take the steps listed below to correct Service Recipient’s on - going overflow of Solid Waste.
5.11.1 Prior Arrangements for Collection. If the Service Recipient has made prior arrangements with Contractor for Collection of Solid Waste Overages, Contractor must Collect such Overages as arranged, and may charge the Service Recipient the Solid Waste Overage fee (prior arrangement) set forth in Exhibit 1.
5.11.2 No Prior Arrangements. If the Service Recipient has not made prior arrangements with Contractor for Collection of Solid Waste Overage, (i) Contractor may Collect such Solid Waste Overage at no additional charge as a courtesy, (ii) Contractor may not Collect the Solid Waste Overage and leave a Non-Collection Notice explaining the reason for non-collection of the Solid Waste Overage, (iii) Contractor may Collect the Solid Waste Overage (up to two lifts) and charge the Service Recipient the Solid Waste Overage fee (no prior arrangement) set forth in Exhibit 1 as provided below, or increase the capacity or frequency of Collection of the existing Collection Container(s) to match documented service needs as provided below. In managing Solid Waste Overages, the following apply:
5.11.2.1 SFD Service Recipients – Each Occurrence. For each occurrence Contractor will not Collect the Solid Waste Overage because the Collection Container could not be serviced by normal operating procedures or cause spillage upon servicing , Contractor must provide written notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient with the date, description, and photograph of the Solid Waste Overage. Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) request an additional C ollection Container to eliminate future Overages. For each occurrence Contractor charges a Service Recipient the Solid Waste Overage fee (no prior arrangement) set forth in Exhib it 1, Contractor will document the physical condition of the Collection Container and associated Overage with one or more photographs and retain this documentation for the period of at least one year. 67
5.11.2.2 Commercial and MFD Service Recipients – Each Occurrence .
Contractor must provide a written notice on the Container and may provide a copy of the notice via email, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient with the date, description, and photograph of the Solid Waste Overage. Contractor’s Non -Collection Notice for MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection or (b) request an additional Collection Contain er to eliminate future Overage. Contractor may Collect the Solid Waste Overage and may charge the Service Recipient a Solid Waste Overage fee as set forth in Exhibit 1 and increase the capacity or Collection frequency of the Collection Container to match documented service needs. At least ten (10) Business Days prior to increasing the Collection Container size or frequency of Collection, Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, email, or in person (which may be by Non-Collection Notice) to ensure that Service Recipient has the appropriate level of service. Contractor must document Overage issue and notify City within ten (10) Business Days of any changes in Service Recipient’s Collection Container size or Collection frequency. The increased capacity or Collection frequency will remain in effect until Contractor determines that it is no longer needed to prevent Overages, which may be longer than the one Calendar Year stated above. Such determination will be in Contractor’s sole but reasonable discretion and will be subject to the dispute resolution procedure set forth below. City will consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order to secure discontinuance of the Overages.
5.11.2.3 Tracking Occurrences of Solid Waste Overage. Regarding Section 5.11, after twelve (12) months have passed from the last applicable Solid Waste Overage occurrence, the next Solid Waste Overage occurrence will be deemed a first Solid Waste Overage occurrence.
5.11.3 Disputes Over Container Overflow Charges. If Service Recipient disputes a Solid Waste Overage charge or Container size or Collection frequency change within 10 days of the disputed action and Contractor notification, Contractor must temporarily halt Solid Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Collection Container size or Collection frequency, and Contractor may request a ruling by the City Manager to resolve the dispute. A timely appeal must be in writing on a City -approved form provided by Contractor , made available by both the City and Contractor. The Contractor shall bear the burden of demonstrating the Contamination charge and/or change in service is warranted with written and visual documentation and/or evidence of the violation or ongoing problems. A request by Contractor to the City Manager to rule on any such dispute must be filed within ten (10) Business Days of Contractor’s halting of Solid Waste Overage charge, or increased Maximum Rate, and must include written documentation and digital/visual evidence of ongoing overall problems. The City Manager may request a meeting (in person or phone) with both the Service Recipient and Contractor to resolve the dispute. Following such a meeting, the City Manager will rule on the dispute within ten (10) Business Days, and the City Manager’s decision on resolving the dispute between Contractor and Service Recipient will be final. If the City Manager rules in favor of the Service Recipient, Contractor must credit the disputed charge or increased Maximum Service Rate. If the City Manager rules in favor of Contractor, Contractor may charge Service Recipient the prior halted Solid Waste Overage charge and/or increased Maximum Service Rate resulting from increasing the Solid Waste Collection Container size or Collection frequency and may follow the steps in Section 7.08 for collection of delinquent accounts.
5.11.4 Notifying City of Habitual Overflow. Contractor shall notify the City regarding Commercial and MFD Customers that habitually overflow their Containers, where habitual overflow is defined as three (3) or more instances per Quarter, so that the City can take appropriate action with such Customers to secure discontinuance of the Overages.
5.12 Ownership of Materials. Except as provided otherwise under Applicable Law, t itle to Residential Waste, Commercial Solid Waste , Recyclable Materials , and Organic Waste will pass to Contractor at such time as said materials are set out for Collection. Title to and liability for Exempt Waste shall at no time pass to Contractor and shall remain with the generator of such Exempt Waste. 68
5.13 Spillage and Litter. Contractor may not litter Premises in the process of providing Solid Waste Collection or while its vehicles are on the road. Contractor must transport all materials Collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from Contractor's vehicles. Contractor must exercise all reasonable care and diligence in providing Solid Waste Collection so as to prevent spilling or dropping of Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials, and must immediately, at the time of occurrence, clean up such spilled or dropped Residential Waste, Commercial Solid Waste, Recyclable Materials, or Organic Materials.
5.13.1 Contractor is not responsible for cleaning up sanitary conditions caused by the carelessness of the Service Recipient; however, Contractor must clean up any material or residue that is spilled or scattered by Contractor or its employees, or from Overage.
5.13.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from Contractor’s operations or equipment repair must be covered immediately with an absorptive material and removed from the street surface. Contractor must document spillage and notify City’s stormwater compliance coordinator within ninety (90) minutes of any spills resulting from Contractor’s operations or equipment. When necessary, Contractor must apply a suitable cleaning agent and cleaning technique to the street s urface to provide adequate cleaning as approved by the City’s stormwater compliance coordinator to be compliant with the City’s stormwater permit.
5.13.3 The above paragraphs notwithstanding, Contractor must clean up any spillage or litter caused by Contractor within ninety (90) minutes upon notice from the City. If City deems necessary, Contractor must engage a 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 the satisfaction of City, City has the right to engage environmental clean-up specialist to perform additional clean -up work at the expense of Contractor.
In the event of Contractor’s spill or release of a Hazardous Substance, Contractor is responsible for promptly notifying any federal, State, County, or local governmental agency having jurisdiction over same as may be required under federal, State, County or local law or regulation.
5.13.4 In the event where damage to City streets is caused by a hydraulic fluid spill (i.e., any physical damage more than a simple cosmetic stain caused by the spill) by Contractor , Contractor shall be responsible for all repairs to return the street to the same condition as that prior to the spill. Contractor shall be responsible for all clean -up activities related to the spill. Repairs and clean-up shall be performed in a manner satisfactory to the City and at no cost to the City.
5.13.5 To facilitate immediate clean-up, Contractor’s vehicles must always carry enough petroleum absorbent materials, along with a broom and shovel.
5.14 SB 1383 Compliance. Contractor shall provide Organic Materials Collection service to all of its Customers within City who are subscribed to and pay for Solid Waste Collection service, unless (i) the Customer is categorically exempted under the City Code from the requirement to subscribe for Organic Materials Collection service or (ii) the Customer qualifies for and is granted a State - or City-issued waiver.
Contractor will work with Customers to appropriately size Collection Containers such that source-separation of all materials is possible without any overflow of material, and if any disputes arise or Overages occur, the City will make the final determination on proper Container size.
5.15 Regulations and Record Keeping. Contractor must comply with emergency notification procedures required by Applicable Laws and regulatory requirements. All records required by regulations must be maintained at Contractor’s offices. These records must include waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records.
5.16 Response Times for City Requests. Upon receiving a data request or information request from City that is not covered by other timeline requirements articulated in this document, and provided that the request from City shall not take more than eight (8) hours of Contractor staff time to complete, Contractor 69
shall compile the requested information and send back a complete response within five (5) Business Days of receipt of the request.
Article 6. Collection Service Rates
6.01 Collection Service Rates. Contractor is solely responsible for determining the rates it will charge for providing Solid Waste Collection, provided that Contractor shall not charge any Service Recipient an amount that exceeds the applicable Maximum Service Rate set forth in Exhibit 1, which may only be adjusted as provided in this Agreement.
6.02 Adjustments to Maximum Service Rates using CPI. Beginning on January 1, 2027, and annually thereafter, Contractor shall, subject to compliance with all provisions of this Section, receive an annual adjustment to the Maximum Service Rates as set forth in Exhibit 1 to this Agreement.
6.02.1 CPI Adjustment Calculation. For Rate Year 2027, beginning on January 1, 2027, and for subsequent years thereafter, the rates shall be adjusted based on one hundred percent (100%) of the average change in the CPI for the 12 -month period from July to June . Therefore, the first rate adjustment, effective January 1, 2027, will be based on the percentage change in CPI for the average CPI 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. The index to be used shall be the series CUSR0000SEHG, Water and Sewer and Trash Collection Services in U.S. city average, all urban consumers, seasonally adjusted.
6.02.2 Annual Rate Cap on Maximum Service Rates . In any Rate Year that the calculation of the CPI exceeds 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 adjustm ent in any year shall not exceed annual 5% cap. If the CPI is negative (after accounting for any applicable rollover percentages from prior years) , there will be no CPI adjustment for that year. Annual rates will not be subject to decrease should the CPI be negative.
6.02.3 Rounding. Adjustments to the overall Maximum Service Rates shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments. All CPI indices shall be rounded at three (3) decimal places for the adjustment calculations.
6.02.4 Maximum Service Rate Adjustment Report . On or before September 1 of each year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates for the subsequent Calendar Year (the “Adjustment Report”). The Adjustment Report shall be in a format as may be mutually agreed on between the City and Contractor and must contain or be accompanied by Contractor’s adjustment calculations for the specific services performed under this Agreement during the preceding Agreement Year in Microsoft Excel or another electronic format acceptable to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report.
6.02.4.1 Corrections. In the event the City determines the Adjustment Report contains substantial errors or omissions, Contractor shall, at its sole cost, provide a corrected report to the City. A corrected report submitted after September 1 shall be treated as a late report.
6.02.4.2 Late Report. If Contractor fails to submit the Adjustment Report by September 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in time for it to be implemented on January 1; or (2) accept and consider the late Adjustment Report at its earliest convenience, in which case any approved rate adjustment shall only go into effect prospectively thirty (30) days after the City’s approval. In no event shall Contractor apply any rate adjustment retroactively. 70
6.02.4.3 No Report. If Contractor fails to provide any Adjustment Report, the Maximum Service Rate shall remain unchanged for the next Calendar Year.
6.03 City Approval. If Contractor provides a timely Adjustment Report, the City Manager shall notify Contractor on or before October 1 whether the City has approved the requested adjustments to the Maximum Service Rates for the next Rate Year. Approval of the City Council shall be required for any requested rate adjustment of more than five percent (5%), which shall only be permitted pursuant to Section
6.04 (Extraordinary Adjustments) below. The City Manager may approve all other requests or refer them to the City Council at his or her discretion.
6.04 Extraordinary Adjustments . Independent of and separate from the Adjustments Due to Change in Law, Contractor and City acknowledge that there may be infrequent extraordinary events, which, although they do not prevent either party from performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of providing service s above the Maximum Service Rate Adjustment articulated in Section 6.02. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. Acco rdingly, at its option, Contractor may apply to the City not more frequently than once every three Calendar Years, for an extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 6.02. An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to make a substantial change in its operations , or substantial capital expenditure or investment to perform its obligations under this Agreement due to the occurrence of an event or circumstance which is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after approval by the City Council.
6.04.1 Contractor’s Burden. In the event of such an application for an extraordinary rate increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient documentation in support of its request. City in its sole reasonable discretion may request Contractor to prov ide any additional information it deems necessary to fully evaluate the request, and Contractor shall be solely responsible for the cost of providing such additional information. Contractor shall allow City to review a report of its annual revenues and expenses for the services provided in the City. City shall have the right to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment request. With respect to any financial statements or any other information Contractor specifically designates as non-public information (“Confidential Information”), City agrees tha t, except as otherwise set forth in this Section: (a) it will hold in confidence all Confidential Information; (b) it will restrict the disclosure of Confidential Information within its own organization and to its agents or repres entatives who need to know the Confidential Information for the purposes of the request; (c) it will not disclose Confidential Information to any third party without the prior written consent of the Contractor; (d) it will not copy or reproduce any written or electronically stored Confidential Information without the prior written approval of the Contractor; and (e) it will not use Confidential Information except as required for consideration of the request. City may consider increases or decreases in Contr actor’s total revenues and total cost of services when reviewing an extraordinary rate adjustment request. Notwithstanding any other provision in this Section, the City will inform the Contractor upon receiving a California Public Records Act request or a subpoena for any Confidential Information by written notice delivered to the Contractor (“Notice”). The Contractor will have five (5) days from the date of the Notice to inform the City in writing of its intent to assert its confidentiality rights under th is Agreement. The Contractor will then have fifteen (15) days from the date of the Notice to seek and obtain a court order or other judicial ruling to prevent the disclosure of the Confidential Information. If the Contractor fails to act within the five (5) or fifteen (15) day windows described above, the City may disclose the requested Confidential Information to the requestor or subpoenaing party. In the event Contractor seeks a court order to stay or enjoin the disclosure of the Records, Contractor agrees to indemnify and hold harmless the City, its Council, elected and appointed board or commission members, officers, employees, volunteers , and agents (collectively, "Indemnities") from and against any and all loss, liability, penalty, forfeiture, claim, 71
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 of a CPRA, FOIA request, or subpoena for the Confidential Records. For the purposes of this Section, “Records” shall mean records created or maintained by Contractor in accordance with this Agreement, including those records that may include financial statements or Confidential Information of Contractor. Contractor’s indemnity obligation shall survive the expiration or termination of this Agreement.
6.04.2 Review Costs. At the time of its request, Contractor shall also submit a payment to the City of twenty-five thousand dollars ($25,000) to defray the City’s costs to review the request. In the event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any documented amount in excess. This payment amount shall increase annually by the CPI Adjustment Calculation in Section 6.02.1.
6.04.3 Meet and Confer. The City and Contractor agree to meet and confer regarding the request and to negotiate in good faith regarding the appropriateness of the requested adjustment.
6.04.4 City Review; Approval. City shall review the Contractor’s request and, in the City’s sole and reasonable judgment, make the final determination as to whether an adjustment to the Maximum Service Rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. Approval of the City Council shall be required for any Extraordinary Adjustments. The City shall notify Contractor of its decision within ninety (90) calendar days regarding whether it accepts Contractor’s request. Except as provided herein, any such change approved by the City shall not be implemented until July 1 of the next Rate Year unless a different timeframe is approved by the City Council.
6.05 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by operation of Applicable Law to approve or implement a rate increase under this Article 6, or some or all of the Maximum Service Rates are disallowed by operation of Applicable Law, Contractor will have the right, within thirty (3 0) days after notice of any such inability to approve or invalidation of an approved rate increase, to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to commence negotiations in good faith or negotiations are not completed within forty -five (45) days following the date of receipt of Contractor’s request, either party may terminate this Agreement no earlier than one hundred and eighty (180) days after written notice to the other.
Article 7. Collection Service Billing
7.01 Responsibility for Collection Service Billing and Collection. Contractor shall be solely responsible for the billing and collec ting of payments for the Solid Waste Collection Services it provides within the Service Area.
7.02 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or email, to each Service Recipient in advance of all services provided by Contractor under this Agreement. Contractor shall include an online payment option for all Customers regardless of invoice format. If sent by mail, invoices for each billing period shall be placed in a separate envelope accompanied by a self -addressed return envelope. All invoices shall include Contractor’s email address, include directions for payment by payment by check, credit card, or Automated Clearing House (ACH) debit , and shall include or be accompanied by a complete billing statement showing all charges and all services provided. Contractor’s online billing portal shall include clear instructions for how to contact the Contractor if the Service Recipient has questions about an invoice. City shall approve the format of all invoices and billing statements if requested and upon reasonable notice to Contractor.
7.03 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner than the first day of the service period of Collections Services covered by the invoice. Contractor shall invoice 72
Service Recipients once every month for Commercial Service Units and MFD Service Units and once every Quarter for SFD Service Units . No invoice shall be due and payable sooner than the last day of the respective month or Quarter for which Solid Waste Collection is provided.
7.04 Partial Month Service. If, during a month, a Service Unit is added to or deleted from Contractor’s Service Area, Contractor shall pro -rate billing to the Service Recipient on a weekly basis, meaning one-fourth of the applicable Maximum Service Rate found in Exhibit 1 multiplied by the number of weeks of service provided by Contractor.
7.05 Overpayments. Contractor shall refund or issue a service credit for overpayments by Service Recipients no later than 30 days after Contractor discovers or is notified of the overpayment.
Contractor shall refund every overpayment that: (1) exceeds two hundred dollars ($ 200) or the amount of Service Recipient’s typical invoice, whichever is less; or (2) is due to the Service Recipient closing the account prior to the end of the billing period. Service recipient must notify the Contractor within six (6) months of the initial bill date in order to qualify for reimbursement evaluation.
7.06 Delinquent Service Accounts. Contractor shall report all Service Recipients whose accounts are delinquent by more than ninety (90 days) to the Agreement Administrator on a monthly basis.
7.07 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any other provision of this Article, Contractor reserves its right to, and may take such action as is legally available to Contractor, to collect or cause collection of past due invoice amounts; provided, however, that Contractor shall never discontinue Collection Services to any Service Unit. Contractor may send a written notice to Service Recipient regarding payments of Billings during the billed service period.
7.08 Collection of Past Due Accounts.
7.08.1 Contractor shall be responsible for collection of payment from Customers with past-due accounts (“bad debt”). Contractor shall make reasonable efforts to obtain payment from delinquent accounts through issuance of late payment notices, making at least 3 telephone requests for payments to Customer and property owner (if the owner is a different Person or entity than the Customer), offering a Customer payment plan, and suspension of service in accordance with the following.
7.08.2 If a Customer’s payment becomes more than one hundred twenty (120) days past due, Contractor may request approval from the City, which will not be unreasonably denied, to reduce service to that account until payment is received, providing written evidence for each account that the required collection steps have been taken. If the City approves such request, the Contractor shall provide the Customer and property owner (if the owner is different from the Customer) written notice of service reduction which in cludes a description of potential penalties from the City for nuisance, should it occur. All notifications and correspondence issued by Contractor shall be directed to the Customer and the owner of the property if the owner is a different Person or entity than the Customer.
7.08.3 At its option, Contractor may charge Customers a late payment fee for accounts that are over sixty(60) days past due provided that Contractor provides each Customer thirty (30) days written notices of its intent to assess the late fee . The maximum late fee is subject to the City approval and reflected in Exhibit 1.
7.08.4 Billing Charges to Be a Lien . If a Customer’s payment becomes more than one hundred twenty (120) days past due, Contractor may assign said payment to the City for lien proceedings. Contractor shall be responsible for all paperwork related to placing a lien, up to and through the releasing of said lien. Once the bill is assigned to the City for lien proceedings, as part of the lien proceedings, an administrative fee shall also be assessed. Upon the City’s receipt of the assignment from the Contractor and at the convenience of the City (but at least once every six [6] 73
calendar months), the City may initiate proceedings complying with Government Code §§ 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered. The lien shall be officially recorded in the County Recorder's office. The lien may carry such additional administrative charges as set forth by City Council resolution. The owner shall be notified by the Contractor that the late charges and administrative charges are due the City and that such lien has been recorded. Each year when the City receives tax payments from Solano County for any liens requested by Contractor, and the City has transferred the payment to the Contractor, Contractor shall submit lien release requests to the City within three (3) months of receiving full payment on such liens for properties that paid their tax. The City shall include in the lien requests to the County Auditor a request that all fees and administrative costs associated with enforcement of the lien and potential lien release fees be included in the lien amount.
7.09 Billing Accounts After Missed Collections.
7.09.1 In the event of a missed Collection, wherein Containers were properly set out in a timely manner and wherein the Contractor was unable resolve the complaint by the end of the following Workday, Contractor shall credit the account of the Customer that experienced the missed Collection by a prorated amount for that missed Service.
7.09.2 In the event that a Customer was subject to a missed Collection wherein Containers were properly set out in a timely manner and wherein the Contractor was unable to return and Collect the Customer’s Solid Waste until the following week, that Customer shall not be subject to any Solid Waste Overage fees or otherwise be penalized or tracked for an instance of Overage.
Article 8. Diversion Requirements
8.01 Warranties and Representations . Contractor warrants that it is aware of and familiar with City's waste stream, and that it has the ability, and shall use commercially reasonable efforts to provide and employ sufficient programs and services to ensure City will meet or exceed City’s Diversion goals and requirements (including, without limitation, amounts of Solid Waste to be Diverted, timeframes for Diversion, and any other requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, and that Contractor will do so without imposing any costs or fees other than those set forth in Exhibit 1 .
Contractor and the City will take into consideration all diversion achieved throughout the City conducted by the Contractor and any other haulers (this is to include all materials diverted by recycling and organics self- haulers). Contractor hereby agrees to assist the City to meet or exceed, on an annual basis , the Diversion Compliance, by undertaking the actions set forth in Section 8.02. For purposes of this Agreement and Contractor’s obligations outlined herein, the terms “City’s Diversion”, “City’s Diversion goals”, “Diversion Requirements”, “Franchised Diversion Rate” , and similar terminology means compliance with the requirements for meeting the State’s fifty percent (50%) diversion rate expressed as a pounds per day per year rate as established by CalRecycle pursuant to Public Resources Code section 41780, as Applicab le Law.
8.02 Contractor Required Actions. Contractor shall take all of the following actions to assist the City in meeting, on an annual basis, Diversion Compliance:
8.02.1 Except for Organic Waste Collected from homeless encampments or material subject to quarantine by the California Department of Food & Agriculture, and except as provided in Sections 5.07 and 5.11, Collect and deliver all Organic Waste to the Organic Waste Processing Facility for processing and Diversion.
8.02.2 Except as provided in Sections 5.07 and 5.11, Collect and deliver all Recyclable Materials to the Materials Recovery Facility.
8.02.3 Collect and deliver all Garbage to the Disposal Facility. 74
8.02.4 Collect and deliver all Construction and Demolition Debris to the Materials Recovery Facility.
8.02.5 Deliver all material set out for Collection in Cart, Bins, or Roll-Off Containers identified as containing Source Separated Recyclable Material to the Materials Recovery Facility for processing and Diversion.
8.02.6 Deliver all material set out for Collection in Cart, Bins, or Roll-Off Containers identified as containing Source Separated Organic Waste to the Organic Waste Processing Facility for processing and Diversion.
8.02.7 Only material in Garbage Carts or Garbage Bins will be delivered to the Disposal Facility for Disposal. All other material must go to the appropriate facility for full processing and Diversion.
8.02.8 Contractor must take all commercially reasonable and lawful actions to maximize Diversion of materials from landfills.
8.02.9 Contractor must develop and provide sufficient accurate information and data as necessary to ensure that Contractor and City annually demonstrate Diversion Compliance to CalRecycle.
8.02.10 Contractor must implement public education and outreach programs as required under this Agreement.
8.03 Annual Reporting. Contractor shall calculate the Diversion Compliance Rate on an annual basis and shall deliver a written report regarding the same to the City no later than March 31 of the year following the reporting period as set forth in Section 22.06.
8.04 Failure of Recyclables Market . Notwithstanding any other provision of this Agreement to the contrary, where CalRecycle has determined that there are no commercially viable markets for a specific type of Recyclable Materials, or with written notice to City, Contractor is unable to identify a market for one or more Recyclable Materials despite the exercise of commercially reasonable efforts to process and market the material, and determines to Dispose of the Recyclable Material(s), such a determination shall not constitute a failure to i mplement service, a failure to implement a program, or an event of default hereunder.
8.05 Failure to Meet Franchised Diversion Rate. If CalRecycle determines that City has failed to meet the Diversion Compliance due to Contractor’s failure to undertake the actions described in this Section, Contractor must prepare, at Contractor’s cost and expense, and submit a corrective action plan to City sufficient to demonstrate good faith efforts by City to comply with Diversion Compliance and that is otherwise acceptable to CalRecycle, and may be subject to Administrative Charges and Penalties as allowed under Article 25 and specified in Exhibit 4. Contractor must also submit a written corrective action plan to the City before March 15 of the year following the missed minimum Diversion requirement.
Contractor’s corrective action plan must specify all actions Contractor will take to ensure it will m eet Diversion Compliance Rates in the future and shall be subject to the review and approval by the Agreement Administrator. Contractor must implement all measures identified in the corrective action plan at its s ole cost and expense, unless the failure to meet Diversion Compliance was due to a Change in Law or due to the negligent acts or omissions of the City. If Contractor fails to submit an adequate corrective action plan or to fully implement a City -approved corrective action plan, it shall subject Contractor to Administrative Charges and Penalties as allowed under Article 25 and specified in Exhibit 4 in addition to any other remedies available to the City.
8.06 Representations and Warranties . Contractor represents and warrants that it is aware of and familiar with the Diversion Compliance, the Applicable Laws , and City ’s waste stream. Contractor 75
represents and warrants that it has the capacity, skill , and ability to undertake the actions identified in Section 8.02 above without imposing any costs or fees other than those set forth in the Schedule of Maximum Service Rates , as may be adjusted as provided for in this Agreement. Where the Diversion Compliance is modified by a Change in Law, Contractor agrees to develop and implement such actions, programs, and measures as are necessary to bring City into compliance with the modified Diversion Compliance, and City agrees that it will meet and confer with Contactor for a period not to exceed ninety (90) days regarding such actions, programs, and measures, their implementation, and adjustments to rates reasonably necessary to effectuate same in accordance with Section 30.02.
8.07 Mutual Cooperation . City and Contractor shall each reasonably cooperate in good faith with all efforts of the other Party to meet City's Diversion requirements under Applicable Law and the Contractor’s obligations under this Article. City's obligations in this regard shall include, without limitation, making such petitions and applications as may be reasonably requested by Contractor for time extensions in meeting Diversion goals, or other exceptions from the terms of Applicable Laws, and to agree to authorize such changes to Contractor’s Recyclable Materials, Organic Waste, or Solid Waste programs as may be reasonably requested by Contractor in order to achieve the minimum requirements of this Article.
8.08 Contractor’s Diversion Programs. Contractor shall implement the Diversion programs required under this Agreement to ensure that City and Contractor comply with all Diversion requirements under Applicable Law and the City meets or exceeds all minimum Diversion requirements under Applicable Law. Contractor shall furthermore, at its sole cost and expense, (1) assist the City in responding to inquiries from, or prepare for and attend any hearing before, CalRecycle or any other regulatory agency relating to the City’s compliance with Applicable Law; prepare for and participate in CalRecycle’ s review of the City's SRRE; apply for any extension available under Applicable Law; develop and implement a public awareness and education program consistent with the City's SRRE and Household Hazardous Wa ste Element and any related requirements of Applicable Law; (2) provide the City with Recycling, source reduction, and other technical assistance as may be needed to comply with Applicable Law; and (3) advise the City of additional programs or measures Contractor can, if authorized by the City, implement to increase compliance with the Diversion requirements of Applicable Law.
8.09 New Diversion Programs. If Contractor fails to meet any Diversion Compliance requirement or the City fails to meet any CalRecycle Diversion requirement , notwithstanding Contractor’s implementation of all Diversion and public education programs as required by this Agreement, the City may direct Contractor to modify its Diversion and public education programs or implement new programs. Such modifications may constitute a City-Directed Change under Section 30.01. Contractor shall not implement new Diversion programs not described in this Agreement without the City’s prior consent.
8.10 Nothing contained herein shall prohibit Contractor from meeting its Diversion requirements by any alternative methods or procedures, provided it complies with Applicable Law, as may be amended from time to time. Contractor’s ability to meet its Diversion requirements by alternative methods per this Section is subject to Agreement Administrator review and approval.
Article 9. Service Unit Types
9.01 Service Units. Service Units include all the following categories of Premises which are in the Service Area as of July 1, 2025, and all such Premises which may be added to the Service Area by means of annexation, new construction, or as otherwise set forth in this Agreement during Term of this Agreement:
9.01.1 SFD Service Units. Services are specified in Article 10.
9.01.2 MFD Service Units. Services are specified in Article 11.
9.01.3 Commercial Service Units. Services are specified in 11.01. 76
9.01.4 Industrial Service Units. Services are specified in Article 13.
9.01.5 City Service Units. Services are specified in Article 14.
9.01.6 Any question as to whether a Premises falls within one of these categories will be determined by the Agreement Administrator and the determination of the Agreement Administrator will be final.
9.02 Service Unit Changes. City and Contractor acknowledge that during the Term of this Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide Service.
9.02.1 Additions and Deletions . Contractor must provide services described in this Agreement to new Service Units in Contractor’s Service Area within five (5) Workdays of receipt of notice from City or the new Service Unit to begin such Service.
9.03 Annexation. If, during Term of the Agreement, additional territory within or adjacent to the Contractor’s Service Area is acquired by City through annexation, subject to the requirements of Public Resources Code § 49520, Contractor agrees to provide Solid Waste Collection in such annexed area in accordance with the provisions and Maximum Service Rates set forth in this Agreement after termination of former contractor’s rights to provide service have been exhausted. Such Solid Waste Collection must begin within five (5) Workdays of receipt of written notice from City. Contractor may not begin Collection Service without written authorization from City.
9.04 Route Map Update. Contractor must revise the Service Unit route maps to show the addition of Service Units added due to annexation and must provide such revised maps to the Agreement Administrator as requested.
Article 10. Residential Service
10.01 SFD Conditions of Service . Except as set forth below, Contractor must provide SFD Collection Services to all SFD Units in the Service Area. The SFD Services are governed by the following terms and conditions:
10.01.1 Curb Service. Except for those Service Recipients that choose to receive Bins for service, Contractor must provide SFD Collection Service to all SFD Service Units in the Service Area whose SFD Solid Waste is properly containerized in Garbage Carts ; Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 10.10.2; and Organic Wastes are properly containerized in Organic Waste Carts, except as set forth in Section
10.11.3; and where the Garbage, Recyclable Materials, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle.
10.01.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD Solid Waste Collection Service system with one (1) 95-Gallon Grey Garbage Cart, one (1) 65-Gallon Blue Recyclable Materials Cart, and one (1) 95-Gallon Green Organic Waste Cart as part of the base SFD Solid Waste Collection Service. Additional Recyclable Materials Carts and Organic Waste Carts shall be made available in accordance with the service rates set forth in Exhibit 1. Garbage Carts with a capacity of 65 gallons may be requested by Customers that can demonstrate that they (a) have cart storage space constraints and (b) do not generate sufficient quantities of Garbage to justify the 95- Gallon Garbage cart. Any additional pricing for downsizing Carts, upsizing Carts, or adding additional Carts, as available and relative to the base Bundled Service, shall be included in Exhibit 1. 77
10.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this Agreement, Contractor must provide Collection of SFD Garbage, Recyclable Materials, and Organic Waste on the SFD Service Recipients Premises to an SFD Service Unit as follows.
10.01.3.1 At no additional cost to the SFD Service Unit. SFD Service Units where all adult Service Recipients residing therein have disabilities that prevent them from setting their Garbage, Recyclable Materials , Organic Waste Cart, or Bulky Waste at the curb for Collection , and if a request for on-premises service has been made. For Bulky Waste on-premises services, materials must be staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to the Service Unit’s standard curbside Collection location as is feasible for the Customer .
10.01.3.2 At an additional cost to the SFD Service Unit.
A. SFD Service Units where topography, steep driveways, below - grade dwellings, or limited access to public streets that prevent the SFD Service Recipient from setting their Garbage, Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the Contractor, and if a request for on-premises service has been made.
B. SFD Service Units inaccessible by standard 3- or 4-axel Collection Vehicles as determined by the Contractor and agreed by the City . Stinger/scout truck services shall be provided for the retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult or impossible to access using regular trash Collection trucks.
C. Contractor must offer “push services” to SFD Service Recipients other than those listed above on a subscription basis upon request for the Maximum Service Rates set forth in Exhibit 1. Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for Collection, and returning the Collection Containers back to their storage location.
10.01.3.3 Contractor must provide on-premises Collection Service on the same Workday that curbside Collection would otherwise be provided to the SFD Service Unit.
10.02 Frequency and Scheduling of Service , Including Hours of Collection . SFD Collection Service must be provided one (1) time per week , on a schedule matching the City’s current service schedule. SFD Collection Service must be scheduled so that all Service Units receive Garbage Collection Service, Recyclable Materials Collection Service, and Organic Waste Collection Service on the same Workday. SFD Collection Service must be provided, commencing no earlier than 6:00 a.m. and terminating no later than 5:00 p.m., Monday through Friday, except for Holidays in accordance with Section 5.04. The hours, day, or both of Collection may be extended due to extraordina ry circumstances or conditions with the prior verbal or written consent of the Agreement Administrator.
10.03 Manner of Collection. The Contractor must provide Collection Service with as little disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on private property and may not trespass nor cross property to the adjoining Premises unless the occupant or owner of both properties has given permission. Care should be taken to prevent damage to property, including flowers, shrubs, and other plantings.
10.03.1 Any damage caused by Contractor to a Service Recipient’s property shall be repaired or replaced promptly.
10.03.2 Notification of Accidents. Contractor shall notify City Representative of any accidents occurring within the Service Area that involve Contractor’s vehicles, employees , or equipment that result in any personal injury or property damage. Such notification shall be made within 78
twenty-four (24) hours of occurrence to City Representative via both (a) email and (b) either an in - person visit or a telephone call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an acceptable alternative.
10.04 Carts. At the start of this Agreement, Contractor must supply Carts that comply with Collection Container specifications in Exhibit 3 to all SFD Service Units.
10.05 Kitchen Food Waste Pails. Upon request, and at the rate specified in the Maximum Service Rates set forth in Exhibit 1, Contractor must provide Kitchen Food Waste Pails to any SFD Service Unit in the Service Area, including any new SFD Service Units that are added to Contractor’s Service Area during the Term of this Agreement.
10.06 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient.
10.06.1 Upon notification to Contractor by City or a Service Recipient that the Service Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays.
Contractor must maintain records documenting all Cart replacements occurring.
10.06.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 10 -year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum Service Rates set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under this Agreement.
10.06.3 Contractor understands and agrees that this provision is intended to be applied on a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the Term of the Agreement.
10.06.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts.
Contractor is responsible for the repair of Carts, including, but not limited to, hinged lids, wheels, and axles. Within ten (10) Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair the Cart or, if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container.
10.06.5 Cart Exchange Due to Change in Size. Upon notification to Contractor by City or a Service Recipient that a change in the size of a Cart is re quested, Contractor must deliver such Cart to such Service Recipient within ten (10) Workdays. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for moving to a larger Garbage or Recyclable Materials Cart size. Each SFD Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for moving to a smaller Garbage or Recyclable Materials Cart size, provided they meet the qualifications articulated in Section
10.01.2 above. Beyond these allowances , Contractor will be compensated for the cost of any additional Cart exchanges per Calendar Year in accordance with the Maximum Service Rates set forth in Exhibit 1.
10.06.6 Additional Cart Request. Upon notification to the Contractor by City or a Service Recipient that additional Grey Carts for Garbage , Blue Carts for Recyclable Materials, or 79
Green Carts Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five (5) Workdays. Additional Carts shall be delivered at the Maximum Service Rates set forth in Exhibit 1.
10.07 Ownership of Carts. Ownership of Carts is vested in the Contractor. Contractor and City mutually acknowledge and agree that Contractor’s right to maintain its Collection Containers in and on the public rights-of-way of the City, subject to the requirements and conditions herein, is a material benefit and part of a bargained-for exchange of consideration under this Agreement that includes, but is not necessarily limited to Contractor’s Franchise Fee Payments to City.
10.08 Replacing and Cleaning Dirty Collection Containers. Upon request from an SFD Service Recipient, Contractor shall replace dirty Garbage, Recyclable Materials, and Organic Waste Carts with clean Garbage, Recyclable Materials, and Organic Waste Carts. Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results in no water entering the City’s storm drain system. This service shall be provided at the Maximum Service Rates set forth in Exhibit 1.
10.09 SFD Garbage Collection Service. This service is governed by the following terms and conditions:
10.09.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed in a Garbage Cart. For every event of non -collection, Contractor must provide the following written notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date of the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for SFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection and, if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website with all Disposal programs offered by the City.
If Non-Collection occurs for some unforeseeable circumstance not listed above that the Contractor encounters and is impeded by, Contractor shall provide the same written notice as described in this Section.
10.09.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed in Exhibit 7. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
10.09.3 Post-Holiday Special Pick-Up. Contractor shall provide, on the first regularly scheduled Collection day after December 25 th, one annual special Collection of two (2) extra waste bags per SFD Service Unit to all SFD Service Units in the Service Area, provided that the two (2) extra bags of waste have been placed on the ground near the Service Unit’s Collection Containers and provided that the total weight of the two (2) bags, combined, does not exceed fifty (50) pounds . This annual service will be provided a t no additional charge to the Service Recipient and shall not be counted as one of the SFD Service Recipient’s free annual Bulky Waste Collections as set forth in Section 10.12.
10.10 SFD Recyclable Materials Service. This service is governed by the following terms and conditions:
10.10.1 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials Cart may be flattened and dropped off at Contractor’s Recycling Center during normal business hours (8:00 a.m. through 5:00 p.m., Monday through Friday).
10.10.2 Recyclable Materials - Improper Procedure. The Contractor is not required to Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable 80
Materials that are Contaminated through commingling with Solid Waste or Organic Waste. To address Contamination, Contractor must follow the steps set forth in Section 5.08.
10.10.3 Materials Recovery Facility. Except as provided in Section 5.08, a ll Recyclable Materials Collected as a result of performing Recycling services must be delivered to the Materials Recovery Facility listed in Exhibit 7. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
10.10.4 Recyclable Materials - Changes to Services. Should changes in Applicable Law arise that necessitate any additions or deletions to the services described in this Section, including the type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement amendment covering such modifications to the services to be performed and the compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to such services.
10.11 SFD Organic Waste Collection Service. This service is governed by the following terms and conditions:
10.11.1 Organic Waste Processing Facility. Contractor must deliver all Collected Organic Waste to the Organic Waste Processing Facility listed in Exhibit 7 and agreed upon by the City. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
10.11.2 Holiday Tree Collection. Contractor must Collect Holiday Trees set out at the curb for Collection during the three-week period beginning December 26th each year during the Term of this Agreement. Holiday Trees set out for Collection may either be containerized within an Organic Waste Cart or placed on the ground near the Service Unit’s Collection Containers. Contractor must deliver the Collected Holiday Trees to the Organic Waste Processing F acility for Diversion through uses other than Alternative Daily Cover or Beneficial Use . This annual service will b e provided at no additional charge to the Service Recipient and shall not be counted as one of the SFD Service Recipient’s free annual Bulky Waste Collections as set forth in Section 10.12. Contractor is not required to Divert Holiday Trees with tinsel, flocking, or ornaments.
10.11.3 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials . Furthermore, Contractor is not required to Collect Organic Wastes that are Contaminated through commingling with Solid Waste or Recyclable Materials. Contractor will address Contamination in accordance with Section 5.08.
10.12 SFD Bulky Waste Collection Service. This service is governed by the following terms and conditions:
10.12.1 Conditions of Service. Contractor must provide SFD Bulky Waste Collection Service to all SFD Service Units in the Service Area whose Bulky Waste has been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient, that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle. Up to two (2) times per Calendar Year, each Service Recipient is entitled to receive Bulky Waste Disposal amounting to the equivalent of: (a) two (2) Large Items, (b) fifteen (15) 35-gallon bags with a maximum weight of 50 pounds per each bag, or (c) up to 3 cubic yards of Garbage or Organic Waste per Dwelling Unit for up to four (4) units at no additional cost and expense . For subsequent Collection in any Calendar Year, the Contractor shall receive compensation from the Customer at the rate for such service as set in Exhibit 1. 81
10.12.2 Frequency of Service. Bulky Waste Collection Service will be provided on the next regular Collection day if the request is received at least ten (10) Workdays in advance of the next regular Collection day. The Service Recipient may not intentionally commingle residential Bulky Waste with other Residential Waste.
10.12.3 Bulky Waste Containing Freon. In the event Contractor Collects Bulky Waste that contain Freon, Contractor must handle such Bulky Waste in a manner such that the Bulky Waste is not subject to regulation as Hazardous Waste under applicable State and Federal laws or regulations. Bulky Waste containing freon will be subject to a freon removal and disposal fee.
10.12.4 Maximum Reuse and Recycling. Contractor must Dispose of Bulky Waste Collected from Service Units pursuant to this Agreement in accordance with the following hierarchy:
A. Reuse as is (where energy efficiency is not compromised).
B. Disassemble for reuse or Recycling.
C. Recycle.
D. Disposal.
10.12.5 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste unless the Bulky Waste cannot be reused or recycled.
10.13 Used Motor Oil Collection Service . At no additional cost to Service Recipient, Contractor shall provide used oil Collection Service to all SFD Service Units in the Service Area whose used oil has been placed in Contractor -provided receptacles within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient. To participate in used oil Collection service, a SFD Customer must contact Contractor to sign up for the service, after which point they will receive from the Contractor spill-safe receptacles for the Collection of used motor oil and plastic bags for the Collection of used oil filters. A SFD Customer must also contact Contractor to request Collection Service in advance of a pick-up. Used oil Collection Service will be provided on the next regular Collection day if the request for a pick -up is received at least two (2) Workdays in advance of the next regular Collection day. Contractor shall then provide replacement receptacles and filter bags to SFD Customers upon further request.
Article 11. MFD Service
11.01 MFD Conditions of Service. Except as set forth below, Contractor must provide MFD Collection Services to all MFD Units in the Service Area. The MFD Services are governed by the following terms and conditions:
11.01.1 Bundled MFD Cart Service. Except for those Service Recipients that choose to receive Bins for service, Contractor must provide MFD Collection Service to all MFD Service Units in the Service Area whose MFD Solid Waste is properly containerized in Black/Grey Garbage Carts; Blue Recyclable Materials are properly containerized in Recyclable Materials Carts, except as set forth in Section 11.09.4; and Organic Wastes are properly containerized in Green Organic Waste Carts, except as set forth in Section 11.10.4; and where the Garbage, Recyclable Materials, and Organic Waste carts have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient that will provide safe and efficient accessibility to Contractor's Collection crew and vehicle.
11.01.2 Bundled MFD Bin Service. Contractor must provide MFD Solid Waste Collection Service to MFD Service Units in the Service Area that choose to receive Bins for service .
MFD Collection Service shall be provided in Garbage Bins at the size and frequency as requested by 82
the MFD Service Recipient and including at no additional cost one (1) 95-Gallon Blue Recyclable Materials Cart as part of the base bundled MFD Collection Service. Additional services may be requested by the MFD Service Recipient. To be exempted from MFD Recyclable Materials Service or MFD Organic Waste Collection Service, Service Recipient must apply for exemption to the City. All such exemption applications must be reported and approved by the City. Additional Collection Containers or different size Collection Containers are subject to the applicable Maximum Service Rate set forth in Exhibit 1.
11.01.3 On-Premises Service. Notwithstanding any term or definition set forth in this Agreement, Contractor must provide Collection of MFD Garbage, Recyclable Materials, and Organic Waste on the MFD Service Recipients Premises to an MFD Service Unit as follows.
11.01.3.1 At no additional cost to the MFD Service Unit. MFD Service Units where all adult Service Recipients residing therein have disabilities that prevent them from setting their Garbage, Recyclable Materials , Organic Waste Cart , or Bulky Waste at the curb for Collection, and if a request for on-premises service has been made. For Bulky Waste on-premises services, materials must be staged externally to the Dwelling Unit in a location that’s accessible and visible to Contractor, as close to the Service Unit’s standard curbside Collection location as is feasible for the Customer.
11.01.3.2 At an additional cost to the MFD Service Unit.
A. MFD Service Units where topography, steep driveways, below - grade dwellings, or limited access to public streets that prevent the MFD Service Recipient from setting their Garbage, Recyclable Materials, or Organic Waste Cart at the curb for Collection, as determined by the City and agreed by the Contractor, and if a request for on-premises service has been made.
B. MFD Service Units inaccessible by standard 3 - or 4 -axel Collection Vehicles as determined by the Contractor and agreed by the City. Stinger/scout truck services shall be provided for the retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult or impossible to access using regular trash Collection trucks.
C. Contractor must offer “push services” to MFD Service Recipients other than those listed above on a subscription basis upon request for the Maximum Service Rate set forth in Exhibit 1. Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for Collection, and returning the Collection Containers back to their storage location.
11.01.3.3 Contractor must provide on -premises Collection Service on the same Workday that curbside Collection would otherwise be provided to the MFD Service Unit.
11.02 Frequency and Scheduling of Service , Including Hours of Collection . MFD Collection Service must be provided, commencing no earlier than 5:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday. This service must be provided as deemed necessary and determined between Contractor and the MFD Service Unit, but such service must be received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service scheduled to fall on a Holiday may be rescheduled as determined between the Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the Container and the frequency (above the minimum) of Collection will be determined between the MFD Service Unit and Contractor. However, size and frequency must be sufficient to provide that no Solid Waste need be placed outside the Collection Container. Contractor m ust provide Containers as part of the Commercial Collection Maximum Service Rates set forth in Exhibit 1. Servic e Recipients may own and provide their own Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. Contractor shall operate equipment that is compatible with pre-existing Service Recipient-owned compactors. All other Collection Containers used by Service Recipients must be owned and supplied by Contractor.
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11.03 Manner of Collection. The Contractor must provide Collection Service with as little disturbance as possible; the Contractor must leave any Garbage, Recyclable Materials, or Organic Waste Cart in an upright position, with the lid closed, at the same point it was Collected, without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection Service must follow the regular walk for pedestrians while on private property and may not trespass nor cross property to the adjoining Premises unless the occupant or owner of both properties has given permission. Care should be taken to prevent damage to property, including flowers, shrubs, and other plantings.
11.03.1 Any damage caused by Contractor to Service Recipient property shall be repaired or replaced promptly.
11.03.2 Notification of Accidents. Contractor shall notify City Representative of any accidents occurring within the Service Area that involve Contractor’s vehicles, employees , or equipment that result in any personal injury or property damage. Such notification shall be made within twenty-four (24) hours of occurrence to City Representative via both (a) email and (b) either an in - person visit or a telephone call. If Contractor is unable to reach City Representative in person or via telephone, a voicemail is an acceptable alternative.
11.04 Carts. At the start of this Agreement, Contractor must supply Carts that comply with Collection Container specifications in Exhibit 3 to all MFD Service Units.
11.05 Kitchen Food Waste Pails. Upon request, and at the rate specified in the Maximum Service Rates set forth in Exhibit 1, Contractor must provide Kitchen Food Waste Pails to any MFD Service Unit in the Service Area, including all individual Dwelling Units within each MFD Service Unit, and including any new Dwelling Units that are added to Contractor’s Service Area during the Term of this Agreement.
11.06 Replacement of Carts. Contractor’s employees must take care to prevent damage to Carts by unnecessary rough treatment. Any Cart damaged by the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient.
11.06.1 Upon notification to Contractor by City or a Service Recipient that the Service Recipient’s Cart(s) has been stolen or damaged beyond repair through no fault of Contractor, Contractor must deliver a replacement Cart(s) to such Service Recipient within five (5) Workdays.
Contractor must maintain records documenting all Cart replacements occurring monthly.
11.06.2 Each Service Recipient is entitled to the replacement of one (1) lost, destroyed, or stolen Cart every ten (10) years during the life of this Agreement at no cost to the Service Recipient. Except in the case of a Cart that must be replaced because of damage caused by Contractor or in the case where Contractor elects to replace a Cart rather than repair it on -site, Contractor will be compensated for the cost of those replacements in excess of one (1) per type of Cart per Service Recipient during the aforementioned 10 -year period within the Term of the Agreement, in accordance with the “Cart Exchange” Maximum Service Rate set forth in Exhibit 1, or as may be adjusted by the City from time to time as provided under this Agreement.
11.06.3 Contractor understands and agrees that this provision is intended to be applied on a per Cart type, individual Service Recipient basis, and accordingly each Service Recipient could receive up to three (3) replacement Carts, one (1) of each type, every ten (10) years during the Term of the Agreement.
11.06.4 Repair of Garbage, Recyclable Materials, and Organic Waste Carts.
Contractor is responsible for the repair of Carts, including , but not limited to, hinged lids, wheels, and axles. Within five (5) Workdays of notification by the City or a Service Recipient of the need for such repairs, Contractor must repair the Cart or , if necessary, remove the Cart for repairs and deliver a replacement Cart to the Service Recipient. Collection Container repair also includes the removal of graffiti from the Collection Container.
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11.06.5 Cart Exchange Due to Change in Size. Upon notification to Contractor by City or a Service Recipient that a change in the size of a Cart is requested, Contractor must deliver such Cart to such Service Recipient within five (5) Workdays. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, or Organic Waste Cart size. Each MFD Service Unit is eligible to receive unlimited Cart exchanges per Calendar Year during the Term of this Agreement for moving to a smaller Garbage Cart size. Each MFD Service Unit is eligible to receive one (1) free Cart exchange per Calendar Year during the Term of this Agreement for moving to a smaller Recyclable Materials or Organic Waste Cart size, provided they can demonstrate that they (a) have cart storage space constraints and (b) do not generate enough of a waste stream type to justify the larger size of cart .
Accordingly, Contractor will be compensated only for the cost of those exchanges in excess of one (1) per Calendar Year for those Service Units receiving larger Cart sizes, in accordance with the “Cart Exchange” service rate as set forth in Exhibit 1 or as may be adjusted this Agreement.
11.06.6 Additional Cart Request. Upon notification to the Contractor by City or a Service Recipient that additional Carts for Garbage, Recyclable Materials, or Organic Waste are requested, Contractor shall deliver such Carts to such Service Recipient within five (5) Workdays, at the rate set forth in Exhibit 1.
11.06.7 Ownership of Carts. Ownership of Carts is vested in the Contractor.
Contractor and City mutually acknowledge and agree that Contractor’s right to maintain its Collection Containers in and on the public rights -of-way of the City, subject to the requirements and conditions herein, is a material benefit and part of a bargain ed-for exchange of consideration under this Agreement that includes, but is not necessarily limited to Contractor’s Franchise Fee Payments to City.
11.07 Replacing and Cleaning Dirty Collection Containers. Each MFD Service Recipient is entitled to request the exchange of dirty Garbage, Recyclable Materials, and Organic Waste Carts, for clean Garbage, Recyclable Materials, or Organic Waste Carts. Upon receiving such a request from an SFD Service Recipient within the allowed timeframe, Contractor must clean all Collection Containers or must replace the dirty Collection Containers with clean Collection Containers. Any Collection Container cleanings done at a Contractor facility must be done in such a manner that results in no water entering the City’s storm drain system. This service shall be provided at the Maximum Service Rates set forth in Exhibit 1.
11.08 MFD Garbage Collection Service. This service is governed by the following terms and conditions:
11.08.1 Non-Collection. Contractor is not required to Collect any Garbage that is not placed in a Garbage Cart. In the event of non-collection, Contractor must provide the following written notice via email, U.S. mail, or in person (which may be by Non -Collection Notice) to the Service Recipient: the date of the Solid Waste Non-Collection and the reason for Non-Collection. Contractor’s Non-Collection Notice for MFD Service Recipients shall also contain instructions on (a) how to schedule a Bulky Waste Collection an d, if relevant, (b) how to request an additional Collection Container, as well as a QR code that links to a website with all disposal programs offered by the City.
If Non-Collection occurs for some unforeseeable circumstance not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall provide the same written notice as described in this Section.
11.08.2 Disposal Facility. Except as set forth below, all Garbage Collected as a result of performing Solid Waste Collection must be transported to, and Disposed of, at the Disposal Facilities listed in Exhibit 7. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
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11.09 MFD Recyclable Materials Service. This service is governed by the following terms and conditions:
11.09.1 Conditions of Service. Contractor must provide MFD Recyclable Materials Service to all MFD Service Units in the Service Area whose Recyclable Materials are properly containerized in Recyclable Materials Collection Containers except as set forth below, where the Recyclable Materials Collection Containers are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable Materials Services are set forth in Exhibit 1.
11.09.2 Base MFD Recyclable Materials Service. All MFD Service Recipients subscribing to MFD Solid Waste Collection Service must receive weekly Collection of Recyclable Materials with a minimum of at least one (1) 95-gallon Recyclable Materials Cart per Service Recipient and included in the Bundled Rate set forth in Exhibit 1. The actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with Contractor.
11.09.3 Overages. Corrugated cardboard that will not fit inside the Recyclable Materials Cart may be flattened and dropped off at Contractor’s Recycling Center during normal business hours (8:00 a.m. through 5:00 p.m., Monday through Friday).
11.09.4 Recyclable Materials - Improper Procedure. The Contractor is not required to Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Solid Waste or Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are Contaminated through commingling with Solid Waste or Organic Waste. To address Contamination, Contractor must follow the steps set forth in Section 5.08.
11.09.5 Materials Recovery Facility. Except as provided in Section 5.08, all Recyclable Materials Collected as a result of performing Recyclable Materials services must be delivered to the Materials Recovery Facility listed in Exhibit 7. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
11.09.6 Recyclable Materials - Changes to Services. Should changes in Applicable Law arise that necessitate any additions or deletions to the services described in this Section, including the type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement amendment covering such modifications to the servic es to be performed and the compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to such services.
11.10 MFD Organic Waste Collection Service. This service is governed by the following terms and conditions:
11.10.1 Base MFD Organic Waste Service. All MFD Service Recipients subscribing to MFD Garbage Collection Service must receive weekly Collection of Organic Waste. The actual configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with Contractor. Contractor may charge for MFD Organic Waste Collection as set forth in Exhibit 1 for MFD Organic Waste Service.
11.10.2 Size and Frequency of Service. This service will be provided as deemed necessary and determined between Contractor and the Service Recipient, but such service must be received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection Service scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart at the option o f the Service Recipient. The size of the Container and the 86
frequency (above the minimum) of Collection will be determined between the Customer and Contractor. However, size and frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection Container. Service Recipients may own and provide their own Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be owned and supplied by Contractor.
11.10.3 Organic Waste Processing Facility. Contractor must deliver all Collected Organic Waste to the Organic Waste Processing Facility listed in Exhibit 7 and agreed upon by the City. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
11.10.4 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic Waste if the Service Recipient does not segregate the Organic Waste from Solid Waste or Recyclable Materials. Furthermore, Contractor is not required to Collect Organic Wastes that are Contaminated through commingling with Solid Waste or Recyclable Materials. Contractor will address Contamination in accordance with Section 5.08.
11.01 Used Motor Oil Collection Service for MFD Service Units Receiving Cart Service . At no additional cost to Service Recipient, Contractor shall provide used oil Collection Service to all MFD Service Units in the Service Area who receive Cart service and whose used oil has been placed in Contractor - provided receptacles within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and Service Recipient. To participat e in used oil Collection service, a MFD Customer who receives Cart service must contact Contractor to sign up for the service and request spill-safe receptacles for the Collection of used motor oil and plastic bags for the Collection of used oil filters, up to fifteen (15) receptacles and fifteen (15) bags annually. After that point they will receive from the Contractor the receptacles and plastic bags. A MFD Customer must also contact Contractor to request Collection Service in advance of a pick-up. Used oil Collection Service will be provided on the next regular Collection day if the request for a pick -up is received at least two (2) Workdays in advance of the next regular Collection day. Contractor shall then provide replacement receptacles and filter bags to MFD Customers upon further request. These requests must be routed through the MFD Customer or the MFD Customer’s official representative.
Article 12. Commercial Service
12.01 Commercial Co nditions of Service. Except as set forth below, Contractor must provide Commercial Collection Services to all Commercial Service Units in the Service Area, including those City Service Units listed in Exhibit 2. MFD Units serviced with Bins will abide by the requirements listed in this Section unless they conflict with the requirements listed in Article 11, in which case Article 11 requirements supersede Article 12 requirements. This service is governed by the following terms and conditions:
12.01.1 Provision of Service. Contractor must provide Commercial Garbage Collection Service, Commercial Recyclable Materials Service, and Commercial Organic Waste Collection Service to all Commercial Service Units Service Units in the Service Area whose Solid Waste, Recyclable Materials, and Organic Waste are properly containerized in Collection Containers as appropriate where the Collection Containers are accessible as set forth in Section 12.01.4.
Contractor must offer Garbage in a 95-gallon size, Recyclable Materials in a 65-gallon size, and Organic Waste Carts in a 65-gallon size. Contractor must offer Garbage and Recyclable Materials Bins in 2-, 3-, 4-, and 6-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor must also either provide Collection Service from Compactors that are owned by Commercial Service Units or provide Compactors for Commercial Service Units to use for Collection Service, for the Maximum Service Rate s set forth in Exhibit 1. The size of the Container and the frequency (above the minimum) of Collection will be determined between the Service Recipient and Contractor. However, the size and frequency must be sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need be placed outside the Collection Container. 87
The base Commercial Collection Service will include Commercial Recyclable Materials Service as described in Section 12.06 below, and Commercial Organic Waste Collection Service as described in Section 12.07 below.
12.01.2 Bundled Service. For the Commercial Solid Waste Collection Service system, Contractor shall provide Garbage Bins as requested by the Commercial Service Recipient and include one (1) 65-Gallon Blue Recyclable Materials Cart. These Carts shall be provided at no more than the Maximum Service Rates set forth in Exhibit 1. Different Container sizes and/or additional services may be requested by the Commercial Service Recipient. To be exempted from Commercial Recyclable Materials Service or Commercial Organic Waste Collection Service, Service Recipient must apply for exemption to the Contractor. All such exemption applications must be reported and approved by the City.
12.01.3 Hours of Collection. Commercial Collection Service must be provided commencing no earlier than 5:00 a.m ., and terminating no later than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then Collection service will be provided no earlier than 6:00 a.m. and no later than 5:00 p.m.
Monday through Friday, and no earlier than 6:00 a.m. and no later than 5:00 p.m. on Saturday. Cities may require additional restrictions on Collection hours in areas impacted by commute traffic, road repair, around schools, in areas where commercial Collection is within six hundred (600) feet of residential housing, or where continued noise complaints about Collection vehicles have occurred.
The hours, day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement Administrator.
12.01.4 Accessibility. Contractor must Collect all Collection Containers that are readily accessible to Contractor's crew and vehicles and not blocked. However, Contractor must provide “push services” and “stinger/scout truck services” as necessary upon request during the provision of Commercial Collection Services for the Maximum Service Rate set forth in Exhibit 1. Push services include, but are not limited to, dismounting from the Collection Vehicle, moving the Collection Containers from their storage location for Collection , and returning the Collection Containers back to their storage location, relocking the storage enclosure if a lock is included. Stinger/scout truck services provide for the retrieval of Collection Containers from locations with accessibility constraints that make Containers difficult or impossible to access using regular trash Collection trucks.
12.01.5 Manner of Collection. Contractor must provide Commercial Collection Service consistent with Section 8.08 of the City Code with as little disturbance as possible and must leave any Collection Container in an upright position , with the lid closed, at the same point it originally located , without obstructing alleys, roadways, driveways, sidewalks, or mailboxes.
12.02 Containers. At the start of this Agreement, Contractor must supply Carts, Bins, and Roll- off Containers in good condition that comply with Collection Container specifications in Exhibit 3. If any changes to these specifications are adopted after the Commencement Date that results in Contractor being required to replace Collection Containers before they have been fully depreciated, Contractor will be eligible for additional compensation in accordance with Section 30.02.
12.02.1 Purchase and Distribution of Collection Containers for New Commercial Service Units. Contractor must also distribute newly painted Collection Containers as specified in Exhibit 3 to new Commercial and MFD Service Units that are added to Contractor’s Service Area during the Term of this Agreement. The size and mix of the Collection Containers will be in accordance with the service agreement obtained by Contractor as set forth in this Agreement and the distribution must be completed within five (5) Workdays of receipt of the request for service.
12.02.2 Replacement of Collection Containers . Contractor’s employees must avoid damage to Collection Containers by unnecessary rough treatment. Any Collection Container damaged by the Contractor must be replaced by Contractor, at Contractor's expense, within five (5) Workdays at no cost or inconvenience to the Service Recipient.
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12.02.2.1 Each Commercial Service Unit is entitled to the replacement of one (1) lost, destroyed, or stolen Garbage, Recyclable Materials, and Organic Collection Container every ten (10) years during the life of this Agreement at no cost to the Service Unit. Accordingly, Contractor will be compensated for the cost of those replacements in excess of one (1) Garbage, Recyclable Materials, and Organic Collection Container per Commercial Service Unit during the aforementioned 10-year period within the Term of the Agreement , in accordance with the “ Collection Container Exchange” Maximum Service Rate , as appropriate, set forth in Exhibit 1 . Contractor must deliver a replacement Collection Container to such Service Unit within five (5) Workdays.
12.02.3 Repair of Collection Containers . Contractor is responsible for repair of Collection Containers. Within five (5) Workdays of notification by City or a Service Recipient of the need for such repairs, Contractor must repair the Collection Container or, if necessary, remove the Collection Container for repairs and deliver a replacement Collection Container to the Service Recipient. Collection Container repair also include s the removal of graffiti from the Collection Container.
12.02.4 Collection Container Exchange. Upon notification to Contractor by City or a Service Recipient that a change in the ir Collection Containers is required, for reasons beyond those outlined in Section 12.02.2, such as the need for a different size of Container, Contractor must deliver such Collection Containers to such Service Recipient within five (5) Workdays. Each Commercial Service Unit is eligible to receive one (1) free Collection Container exchange per Calendar Year during the Term of this Agreement . Contractor is allowed to charge the Service Unit for the cost of those exchanges in excess of one (1) Collection Container exchange per Calendar Year, in accordance with the appropriate “Collection Container Exchange” service rate set forth in Exhibit 1 as may be adjusted by City under this Agreement. Additional Collection Containers or different size Collection Containers are subject to the applicable Maximum Service Rate set forth in Exhibit 1.
12.03 Ownership of Collection Containers . Ownership of Collection Containers distributed by Contractor is vested in Contractor. Contractor and City mutually acknowledge and agree that Contractor’s right to maintain its Collection Containers in and on the public rights -of-way of the City, subject to the requirements and conditions herein, is a material benefit and part of a bargain ed-for exchange of consideration under this Agreement that includes, but is not necessarily limited to Contractor’s Franchise Fee Payments to City.
12.04 Replacing or Cleaning Dirty Collection Containers. Each Commercial Service Recipient is entitled to request the exchange of dirty Garbage, Recyclable Materials, and Organic Waste Containers for clean Garbage, Recyclable Materials, or Organic Waste Containers. Upon receiving such a request from a Commercial Service Recipient , Contractor must clean the Collection Containers or must replace the dirty Collection Containers with clean Collection Containers . Any Collection Container cleanings done at Contractor facility must be done in such a manner that results in no water entering the City’s storm drain system. This service shall be provided at the Maximum Service Rates set forth in Exhibit 1.
12.05 Commercial Garbage Collection Service.
12.05.1 Conditions of Service. Contractor must provide Commercial Garbage Collection Service to all Commercial Service Units in the Service Area whose Garbage is properly containerized in Garbage Collection Containers, where the Garba ge Collection Containers are accessible.
12.05.2 Size and Frequency of Service. This service must be provided as deemed necessary and determined between Contractor and the Commercial Service Unit , but such service must be received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service scheduled to fall on a Holiday may be rescheduled as determined between the Service Unit and Contractor as long as the minimum frequency requirement is met. The size of the Container and the frequency (above the minimum) of Collection will be determined between the Commercial Service Unit and Contractor. However, size and frequency must be sufficient to 89
provide that no Solid Waste need be placed outside the Collection Container. Contractor must provide Containers as part of the Commercial Collection Maximum Service Rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be owned and supplied by Contractor.
12.05.3 Non-Collection. Contractor is required to Collect any Commercial Solid Waste that is not placed in a Garbage Collection Container if such Commercial Solid Waste is outside the Garbage Collection Container because of overflow. In the event of non -collection, Contractor must provide the following written notice via email, U.S. mail, or in person (which may be by Non-Collection Notice) to the Service Recipient: the date of the Solid Waste Non -Collection and the reason for Non - Collection. Contractor’s Non -Collection Notice for Commercial Service Recipients shall also contain instructions on how to request an additional Collection Container, if relevant. If Non-Collection occurs for some unforeseeable circumstance not listed in this Agreement that the Contractor encounters and is impeded by, Contractor shall provide the same written notice as described in this Section.
12.05.4 Disposal Facility. All Solid Waste Collected as a result of performing Commercial Solid Waste Collection must be transported to, and Disposed of at, the Disposal Facility.
Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
12.06 Commercial Recyclable Materials Service. This service is governed by the following terms and conditions:
12.06.1 Conditions of Service. Contractor must provide Commercial Recyclable Materials Service to all Commercial Service Units in the Service Area whose Recyclable Materials are properly containerized in Recyclable Materials Collection Containers, except as set forth below, where the Recyclable Materials Collection Containers are accessible . The Maximum Service Rates for Contractor’s Commercial Recyclable Materials Services are set forth in Exhibit 1.
12.06.2 Base Commercial Recyclable Materials Service. All Commercial Service Recipients subscribing to Commercial Solid Waste Collection Service must receive weekly Collection of Recyclable Materials with a minimum of at least one 65-gallon Blue Recyclable Materials Cart per Service Recipient as part of the base service at no more than the Maximum Service Rate set forth in Exhibit 1. The actual configuration of Recyclable Materials Collection Container sizes to be provided will be based on the total equivalent volume and configured in a manner determined by the Service Recipient in consultation with Contractor.
12.06.3 Size and Frequency of Service. This service will be provided as deemed necessary and determined between Contractor and the Service Recipient, but such service must be received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and Contractor as long as the minimum frequency requirement is met. Service may be provided by Collection Container at the option of the Service Recipient. The size of the Collection Container and the frequency (above the minimum) of Collection will be determined between the Service Recipient and Contractor. However, size and frequency must be sufficient to provide that no Recyclable Materials need be placed outside the Collection Container. Contractor may charge for Commercial Recyclable Materials Services above the weekly trash volume equivalent and must provide Recyclable Materials Collection Containers as a part of the B undled Service with rates set forth in Exhibit 1. Service Recipients may own and provide their own Compactor provided that the Service Recipient is completely responsible for its proper maintenance , and that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be owned and supplied by Contractor. 90
12.06.4 Recyclable Materials - Improper Procedure. Contractor is not required to Collect Recyclable Materials if the Service Recipient does not segregate the Recyclable Materials from Commercial Solid Waste and Organic Waste. Furthermore, Contractor is not required to Collect Recyclable Materials that are Contaminated through commingling with Solid Waste or Organic Waste.
To address Contamination, Contractor must follow the steps as set forth in Section 5.08.
12.06.5 Materials Recovery Facility. All Recyclable Materials Collected as a result of performing Recyclable Materials Services must be delivered to the Material s Recovery Facility listed in Exhibit 7. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
12.06.6 Recyclable Materials - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties will negotiate any necessary cost changes and will enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid in accordance with Section 30.02 before undertaking any cha nges or revisions to such work.
12.06.7 Additional Recyclable Materials Collection Containers. Contractor must provide additional Recyclable Materials Collection Containers to Commercial Service Recipients above the minimum requirements within five (5) days of request and may charge for such additional capacity set forth in Exhibit 1 provided that additional Collection Containers are used by Service Recipients for the purposes of setting out additional Recyclable Materials for regular weekly Commercial Recyclable Materials Service.
12.07 Commercial Organic Waste Collection Service. This service is governed by the following terms and conditions:
12.07.1 Conditions of Service. Contractor must provide Commercial Organic Waste Collection Service to all Commercial Service Units in the Service Area whose Organic Waste is properly containerized in Organic Collection Containers , where the Organic Waste Collection Containers are accessible. Contractor will conduct a site visit with each non-exempt Service Recipient to determine the specific materials to be included in the Service Recipient’s Organic Waste Collection (i.e., Food Waste, Green Waste, combined Food an d Green Waste). Contractor will charge for Collection of Organic Waste at no more than the Maximum Service R ate specified in Exhibit 1 .
Contractor agrees that not all Service Units will necessarily elect to receive Organic Waste Collection Service in Carts, and that Contractor will provide Organic Waste Collection Bins upon request and as necessary. Service Recipients may elect to add Green Waste only Collection Bins to their service at pricing included in Exhibit 1. Contractor will provide enough Collection Containers and at a Collection frequency to allow for any such Service Unit to utilize the Collection of Organic Waste. Commercial Organic Waste Collection will occur Monday through Saturday upon request and as necessary. City shall provide Contractor a list of the names and addresses of Commercial Service Units that are approved by City for exemption from Organic Waste Collection.
12.07.2 Organic Waste Processing Facility. Contractor must deliver all Collected Organic Waste to the Organic Waste Processing Facility listed in Exhibit 7. Failure to comply with this provision may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4 and may result in Contractor being in default under this Agreement.
12.07.3 Organic Waste Collection Frequency. Contractor must comply with CalRecycle Collection frequency requirements as they may apply during the Term of this Agreement.
If any such changes to Collection frequency are adopted after Commencement Date that result in Contractor being allowed to reduce the frequency of Garbage or Organic Waste Collection, or otherwise cause Contractor to reduce its Collection costs as a result in a change in Garbage or Organic 91
Waste Collection frequency, Contractor must provide City with its estimate of its reduced costs and shall make adjustments to the Maximum Service Rates.
12.07.4 Base Commercial Organic Waste Service. All Commercial Service Recipients subscribing to Commercial Garbage Collection Service must receive weekly Collection of the equivalent volume of at least one (1) 65-gallon Green Organic Waste Cart per Service Recipient at no additional cost as part of the base service included in the Bundled Service rate . The actual configuration of Organic Waste Collection Container sizes to be provided will be based on the total equivalent volume and configured in a manner determine d by the Service Recipient in consultation with Contractor. Contractor may charge for Commercial Organic Waste Collection as set forth in Exhibit 1 for Commercial Organic Waste Service greater than the base 65-gallon Organic Waste Cart.
12.07.5 Size and Frequency of Service. This service will be provided as deemed necessary and determined between Contractor and the Service Recipient, but such service must be received no less than one (1) time per week with no exception for Holiday(s) as set forth herein, except that Collection service scheduled to fall on a Holiday may be rescheduled as determined between the Service Recipient and Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin or Cart at the option o f the Service Recipient. The size of the Container and the frequency (above the minimum) of Collection will be determined between the Customer and Contractor. However, size and frequency must be sufficient to provide that no Organic Waste needs be placed outside the Collection Container . Service Recipients may own and provide their own Compactor provided that the Service Recipient is completely responsible for its proper maintenance, and that such Compactor is of a type that is compatible with Contractor's equipment. All other Collection Containers used by Service Recipients must be owned and supplied by Contractor.
12.07.6 Organic Waste - Improper Procedure. Contractor is not required to Collect Organic Waste if the Service Recipient does not se parate the Organic Waste from Solid Waste and Recyclable Materials. Furthermore, Contractor is not required to Collect Organic Waste that is Contaminated through commingling with Solid Waste or Recyclable Materials . To address Contamination, Contractor must follow the steps set forth in Section 5.08.
12.07.7 Organic Waste - Changes to Services. Should changes in law arise that necessitate any additions or deletions to the services described in this Section, including the type of items included as Organic Waste, the parties will negotiate any necessary cost changes and will enter into an Agreement amendment covering such modifications to the services to be performed and the compensation to be paid in accordance with Section 30.02 before undertaking any changes or revisions to such services.
12.07.8 Additional Organic Waste Collection Containers . Contractor must provide additional Organic Waste Collection Containers to Service Recipients at the rates listed in Exhibit 1 provided that additional Collection Containers are used by Service Recipients for the proposes of setting out additional Organic Waste materials for regular weekly Organic Waste Collection Service .
Article 13. Industrial Service
13.01 Contractor shall provide temporary Bin and Roll-Off Container service, including Construction and Demolition Debris Bins, to Service Recipients. Contractor must offer temporary Bins in 2- , 3-, 4-, and 6-cubic-yard sizes, and Contractor must offer temporary Roll -Off Containers in 20-, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Bin or Roll-Off Container within one (1) Business Day of request. The size of the Container and the frequency of Collection will be determined between the Service Recipient and Contractor. The Contractor shall receive compensation for Temporary Bin and Roll-Off Container Service from the Customer at the rate for such service as set in Exhibit 1.
13.02 Contractor shall provide monthly Roll -Off Container service, including Construction and Demolition Debris Bins, to Service Recipients. Contractor may offer monthly Roll-Off Containers in 10-, 20- 92
, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Roll-Off Container within one Business Day of request. Contractor must also either provide Collection Service from Compactors that are owned by Commercial Service Units or provide Compactors for Commercial Service Units to use for Collection Service, for the Maximum Service Rates set forth in Exhibit 1. The size of the Container and the frequency of Collection will be determined between the Service Recipient and Contractor. The Contractor shall receive compensation for monthly Roll-Off Container Service from the Customer at the rate for such service as set in Exhibit 1.
13.03 Hours of Collection. Industrial Collection Service must be provided commencing no earlier than 5:00 a.m., and terminating no later than 7:00 p.m., Monday through Saturday, except for Holidays. If the Commercial Collection Service is adjacent to Residential Premises, then Collection service will be provided no earlier than 5:00 a.m. Monday through Friday and 6:00 a.m. on Saturday. The hours, day, or both of Collection may be extended due to extraordinary circumstances or conditions with the prior verbal or written consent of the Agreement Administrator.
Article 14. City Services
14.01 City Collection Services.
14.01.1 Contractor shall provide Garbage, Recyclable Materials, and Organic Waste Collection Services to all City Service Units set forth in Exhibit 2, or as City may designate in the future (and where applicable, subject to the conditions in this Section), where the Containers are not blocked and are accessible by Contractor’s Collection Vehicles. City may update Exhibit 2 annually.
14.01.2 Development Review. Contractor, upon City’s request, shall assist the City in the review of applicants’ plans for projects covered by Public Resources Code § 42911, including commercial and multi -family projects, to provide for effective and economical accumulation and Collection of Solid Waste.
14.01.3 Abandoned Waste Removal. Contractor shall pay the City a sum of three hundred two thousand dollars ($302,000) per year, paid on a monthly basis along with the Franchise Fee installments, to fund Abandoned Waste Removal services within the geographical boundaries of the City. This payment amount shall increase annually by the CPI Adjustment Calculation in Section
6.02.1. 14.01.4 Contractor shall publicize, in the Customer Service Guide and via one advertisement in Your Town Magazine, the City’s preferred method by which members of the public can report abandoned waste and illegal dumping. At time of writing, the City’s preferred method is for the public to use the MyCivic smartphone application, but this is subject to change over the course of the Agreement.
14.01.5 City-Sponsored Events Service . Upon request by the City, Contractor shall provide Garbage, Recyclable Materials, and Organic Waste Containers and Collection Services at up to seven (7) City-Sponsored Events annually at no cost to the City. This shall include up to (a) one (1) 40-yard Bin, (b) five (5) 6-yard Bins, and (c) eight (8) 65-gallon Carts per event. City may request two 20-yard Bins in lieu of the single 40-yard Bin. Containers shall be delivered and picked up within forty- eight (48) hours of each event, to prevent unauthorized use of the Containers.
14.01.6 Dumpsters for Large -Scale City Clean -ups. Upon request from City, Contractor shall provide Roll-Off Containers for large-scale City clean-ups, provided that City provides one week of advance notice to Contractor, at the Maximum Service Rates listed in Exhibit 1. Examples of large -scale City clean -ups may include creek desilting events, clearance of materials le ft after clearing encampments, City-sponsored fire prevention clean -up events, City Facility move-out days, tenant improvements at City Facilities, and other miscellaneous activities on City or public property 93
that involve large quantities of debris. Containers shall be delivered and picked up on the same day as each clean-up, to prevent unauthorized use of the Containers.
14.02 City Collection Conditions of Service . City Collection Services shall be governed by the following terms and conditions:
14.02.1 Contractor’s Good Will. In exchange for the good will of the City and the general public, Contractor voluntarily agrees to provide Solid Waste Collection under this Article at no cost to the City excepting excess service as provided in this Article and warrants that such service shall neither impact the Maximum Service Rates nor be otherwise paid for or subsidized by any other Service Recipients.
14.02.2 Contractor shall receive written permission from the City before placing any Collection Containers on City-owned property for service , except that no suc h permission shall be needed to place Collection Containers at locations specified for such Containers in Exhibit 2.
14.02.3 Contractor shall limit the number of trips and the path of travel for Collection Vehicles in City parking lots.
14.02.4 Container Service. City Facilities shall be provided Solid Waste Collection generally subject to the same terms and conditions as similar Service Units regarding Container specifications, repair, replacement, cleanings, and exchange; provided the City shall not be charged for any requests for such services.
14.02.5 Frequency of Service. The frequency of Collection may be designated by the City, but not to exceed six (6) times per week per Container. City may change the City Service Units receiving service, and the Container volume and Collection frequency provided to any City Service Unit, by written notice to Contractor.
14.02.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate access to City Service Unit sites. Contractor shall be responsible for the safekeeping of these keys, and shall pay for the replacement cost of keys if replacements are needed.
Article 15. Additional Services
15.01 Free Paper Shredding Events. Up to two (2) times per year, at no additional cost to City or its residents, Contractor shall conduct a free paper shredding event at a location as determined by the City.
At each event, all City residents will be permitted to deliver an unlimited amount of paper for shredding free of charge by Contractor. Contractor must arrange for all shredded paper generated by each event to be processed in such a manner so as to ensure the Diversion of this material from landfilling.
15.02 Recovered Organic Waste Procurement. Contractor shall assist the City in meeting the SB 1383-mandated recovered Organic Waste procurement target. Contractor must assist City in arranging for produced Compost to comply with SB 1383 procurement requirements to be delivered in qualities, quantities, locations, and times agreed on between City and Contractor. Locations may include locations within the County boundaries that are outside of the City boundaries. Contractor agrees to provide up to two hundred fifty (250) tons of SB 1383 compliant Compost or mulch to the City annually at no additional cost to City. In the event that the City requests that a portion of this recovered Organic Waste product consist of mulch, City may be required to compensate Contractor for the cost difference between the cost per ton of Compost and the cost per ton of SB 1383 compliant mulch. The City shall be permitted to require that this quantity of recovered Organic Waste product be delivered as loose compost /mulch, bagged compost/mulch, or a combination thereof. If there is a cost difference between the loose and bagged material, Contractor shall inform City of the cost difference , and City may choose to pay for the difference or alter the request to consist of loose material. Contractor shall not be required to absorb the cost of bagging the material.
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15.03 Compost Giveaway Events. Contractor will provide at least two Compost giveaway events per year for City residents. Contractor shall make available at least thirty (30) tons of Compost for this purpose on an annual basis, in addition to any Compost provided under Section 15.02, at no additional cost to City. The City shall be permitted to require that this quantity of compost be delivered as loose compost, bagged compost, or a combination thereof. The location, date, and time of such events shall be mutually agreed upon by Contractor and City.
15.04 Edible Food Recovery Support. Contractor shall, at no additional cost to the City, provide support to the City’s Edible Food Recovery program as required under SB 1383. Contractor support may include, in conjunction with City and the County of Solano, educating commercial Edible Food generators, providing records of site visits, conducting education efforts, providing lists of food recovery organizations, and coordinating with Agreement Administrator and the Solano County Resource Management Department. Contractor will assist the City in conducting Food Waste and Green Waste surveys and Diversion programs by providing accurate and timely service data, conducting site visits, and distributing materials.
15.05 HHW Drop-Off Site. Contractor shall provide, at no additional cost to the City, at least one HHW drop-off site within the Fairfield/Suisun City area, at a location that is mutually agreeable to City and Contractor, and provide free HHW drop -off services to City residents at that site. Contractor shall provide at least two (2) days per month on which City residents can drop off HHW materials for free, and the HHW materials accepted for free shall include, but not be limited to, E-Waste, batteries, oil, paint, and antifreeze.
Contractor shall not be required to accept any HHW materials that Contractor is restricted f rom accepting, handling, or transporting under the rules outlined by the City’s hazardous waste permits and/or State or Federal regulations and guidelines . Contractor shall communicate any such restrictions on HHW that Contractor can accept, handle, or transport to City, such that City can consider alternatives for City residents.
15.06 White Goods Drop-Off Days. Contractor shall provide , at no additional cost to the City, a drop-off program for White Goods for City residents within the Fairfield/Suisun City area . The drop -off program shall be staffed adequately to allow use of the program Monday through Friday each week, for a minimum of four (4) hours each day. White Goods shall be dropped off and accepted by Contractor at a location within the Fairfield/Suisun City area that is mutually agreeable to City and Contractor.
15.07 Waste Oil Drop-Off Program. Contractor shall provide, at no additional cost to the City, a drop-off program for waste oil and used oil filters for City residents. The drop-off program shall be staffed adequately to allow use of the program Monday through Friday each week, for a minimum of four (4) hours each day. Oil shall be dropped off and accepted by Contractor at a location within the Fairfield/Suisun City area that is mutually agreeable to City and Contractor. The facility used for this program shall m eet all of the required planning approvals of the host jurisdiction(s).
15.08 Buy-Back Center. Contractor shall operate a “Buy-Back Center”, at which City residents can redeem aluminum, glass, and polyethylene terephthalate (PET) containers for California Redemption Value (CRV). This facility shall be located at a location within the Fairfield/Suisun City area that is mutually agreeable to City and Contractor. Upon redemption of each eight dollars ($8) of Recyclable Materials, City residents shall receive one coupon which may be submitted to Contractor as credit against the amount owed by a Service Recipient to Contractor in exchange for Collection Service. Each Service Recipient may only remit one such coupon per billing month (maximum twelve coupons per year).
15.09 Extended Producer Responsibility and HHW Drop-Off Events. Contractor shall provide, at no additional cost to the City, a minimum of two City -wide Collection drives with drop-off events for HHW (including E-waste, U-Waste, pharmaceuticals, and sharps), textiles, carpet, and mattresses on an annual basis. The events shall be conducted by Contractor at no cost of any kind to the City. Contractor will schedule Collection events with City approval and advertise the drop -off events not less than one week prior to the scheduled Collection event, but no more than one month prior to the scheduled Collection event.
All textile, carpet, and mattresses Collected through this program shall be Diverted from the landfill, either through donation to a local non -profit organization or through other means of Diversion. Contractor must 95
arrange for appropriate disposal of all HHW generated by each event. Contractor shall not be required to accept any HHW materials that Contractor is restricted from accepting, handling, or transporting under the rules outlined by the City’s hazardous waste permits and/or State or Federal regulations and guidelines .
Contractor shall communicate any such restrictions on HHW that Contractor can accept, handle, or transport to City, such that City can consider alternatives for City residents.
15.10 Sharps Mail-Back Program. At no additional cost to the City, upon request from any SFD or MFD Service Recipient, Contractor shall deliver or mail a container for home-generated sharps, such as needles, syringes, and lancets, to the requesting SFD or MFD Service Recipient . Service Recipients shall be instructed to mail the sharps containers back to Contractor. Contractor shall set up the postage system for the sharps containers such that there is no cost to the Service Recipient mailing the container. Contractor shall deliver sharps to a permitted hazardous waste facility. In addition, Contractor shall promote this program in newsletters and in other forms of outreach as determined by City.
15.11 Household Alkaline Battery Drop-Off Program . Up to four (4) times per year, a t no additional cost to the City, Contractor shall collect household alkaline batteries from up to three (3) City household alkaline battery drop-off locations, as identified in Exhibit 2. Contractor shall provide appropriate containers for the City to use in these locations, to receive and store the batteries. City staff shall notify Contractor when batteries require collection. Contractor shall collect batteries from all location s unless directed by City to collect at one or more centralized locations. Contractor shall deliver batteries to a battery recycler or permitted hazardous waste facility.
15.12 . Support in Complying with SB 54. Contractor will provide reasonable support to the City, in complying with SB 54. Contractor support may include, but is not limited to, record-keeping, collection of data, waste stream sampling, and compilation of reports. Any expansion on supporting the city with compliance may trigger a change in scope.
15.13 Street Sweeping Services. Contractor must provide a Proposal to include Street Sweeping Services for all public City streets and all City-owned parking lots within the geographical boundaries of the City. The frequency of sweeping shall be as shown in Exhibit 11, unless modified by mutual agreement of City and Contractor. Sweeping shall be performed at a time of day that best minimizes conflicts with businesses. The beginning of the “heavy leaf schedule”, as referenced in Exhibit 11, shall be as mutually agreed upon by City and Contractor annually. Contractor shall provide emergency sweeping at no additional cost when Contractor ’s equipment and staff are readily available. City shall reimburse Contractor’s costs for any emergency sweeping that requires an emergency call-out of equipment or staff. Contractor shall not be responsible for sweeping streets within construction areas . Sweepers shall be equipped with clean air engines that operate quietly, and they shall also be equipped such that they will sweep r ocks, glass, and other debris effectively form public roads, including shoulders and bike paths.
Article 16. Collection Routes
16.01 Service Routes. Contractor must provide City with maps and digital mapping data precisely defining Collection routes, together with the days and the times at which Collection will regularly commence.
16.02 Service Routes Near Schools. Contractor agrees not to schedule Collection service within 500 feet of a school’s roadway frontage and/or driveways during either the school’s daily morning student arrival window(s) or the school’s daily afternoon student departure window(s) .
16.03 Initial Route Changes. Contractor agrees not to change any Residential Solid Waste Collection routes in effect as of the Effective Date of this Agreement prior to July 1, 2026, except for limited route changes that may be necessary for new development and subject to review and approval by the City.
After July 1, 2026, if any re -routing of Residential Solid Waste Collection is necessary for Collection efficiency, Contractor may submit to City, in writing, proposed route changes (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation. Any such initial routing 96
change may not affect more than ten percent (10%) of SFD Service Units in the City and is subject to City review and approval.
16.04 Future Service Route Changes. Contractor must submit to City, in writing, any proposed route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation. Contractor may not implement any route changes without the prior review and approval of the Agreement Administrator . If the change will change the Collection day for a Service Recipient, Contractor must notify those Service Recipients in writing of route changes not less than thirty (30) days before the proposed date of implementation.
16.05 Collection Route Audits. City reserves the right to conduct audits of Contractor’s Collection routes. Contractor must cooperate with City in connection therewith, including permitting City employees or agents designated by the Agreement Administrator to ride in the Collection Vehicles to conduct the audits.
Contractor has no responsibility or liability for the salary, wages, benefits , or worker compensation claims of any person designated by the Agreement Administrator to conduct such audits.
Article 17. Minimum Performance Standards
17.01 Billing Audit and Performance Reviews.
17.01.1 Contractor Shall Review its Billings to all Customers. The purpose of the review is to determine that the amount which the Contractor is billing each Customer is correct regarding the level of service (i.e., frequency of Collection, size of Container, location of Container) at the rates approved by City Council resolution. The Contractor shall review Customer accounts not less than annually and provide a written certification to the City that all such billing is correct. The documentation of the review, as well as verification that any errors have been corrected , should be provided to the City annually.
17.01.2 Billing Audit and Performance Reviews. City may conduct billing audit and performance reviews (together, “reviews”) of Contractor’s performance during the Term of this Agreement, as provided herein. City may conduct two (2) full reviews, with payment to City as stated in Section 17.01.2.1 below, during the Initial Term of this Agreement. The purpose of these full reviews will be as described in Section 17.01.2.2 below.
17.01.2.1 Selection and Cost. The reviews will be performed by the City or a qualified firm under contract with the City. City will have the final responsibility for the selection of the firm.
City may conduct reviews at any time during the Term of the Agreement.
17.01.2.2 Purpose. The reviews will be designed to verify : that Customer billing rates have been properly calculated and correspond to the level of service received by the Customer, that Contractor is correctly billing for all services provided, that Franchise Fees and other fees required under this Agreement have been properly calculated and paid to City, that Contractor is in compliance with the reporting requirements and performance standards of this Agreement, the Diversion percentages reported by Contractor, and any other provisions of the Agreement.
17.01.2.3 Methods. City (or its designated consultant) may utilize a variety of methods for reviews, including , but not limited to, analysis of relevant documents, on -site and field observations, and interviews. City (or its designated consultant) will review and document the items in the Agreement that can be objectively evaluated, including those that require Contractor to meet specific performance standards, submit information or reports, perform additional services, or document operating procedures. This information will be documented and be formatted in a “compliance checklist” , with supporting documentation and findings tracked for each of the identified items.
17.01.2.4 Performance. Reviews will specifically include a determination of Contractor’s compliance with the Diversion requirements of Article 8 and the public outreach and education 97
requirements of Article 20. City (or its designated consultant) may review the Customer service functions and structure utilized by Contractor. This may include Contractor’s protocol for addressing Customer complaints and service interruption procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and addressing complaints. On -site and field observations by City (or its designated consultant) may include, but are not necessarily limited to:
A. Interviews and discussions with Contractor’s administration and management personnel.
B. Review and observation of Contractor’s Customer service functions and structure.
C. Review of public education and outreach materials.
D. Interviews and discussions with Contractor’s financial and accounting personnel.
E. Interviews with route dispatchers, field supervisors , and managers.
F. Interviews with route drivers.
G. Interviews with vehicle maintenance staff and observation of maintenance practices.
H. Review of on -route Collection Services, including observation of driver performance and Collection productivity and visual inspection of residential routes before and after Collection to evaluate cart placement and cleanliness of streets.
17.01.2.5 Contractor’s Cooperation. Contractor shall cooperate fully with the review and provide all requested data, including operational data, financial data, and other data reasonably requested by City within fifteen (15) Workdays of the request. Failure to submit data by the due date may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4.
17.01.3 Additional Billing Audit and Performance Review. In the event that the Billing Audit and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this Agreement and such non -compliance is material , Contractor is subject to Administrative Charges and Penalties as described in Exhibit 4 as well as reimbursement to the City for the full cost of the audit plus any underpayments discovered during the Audit . Additionally, City may conduct an Additional Billing Audit and P erformance Review , beyond the two (2) specified in Section 17.01.2.1, to ensure that Contractor has cured any such area of non -compliance. For the purposes of a determination of non -compliance under this Agreement, Audit findings which result in underpayments of $100,000 or more shall be deemed material. These payment amounts shall increase annually by the CPI Adjustment Calculation in Section 6.02.1.
17.01.4 City Requested Program Review. City reserves the right to require Contractor to periodically conduct reviews of the Garbage, Recyclable Materials, and Organic Waste Collection Service programs, provided that such reviews are reasonable and can be accomplished at no additional cost to Contractor and without interfering with Contractor’s operations. Such reviews could assess one or more of the following performance indicators: average volume of Recyclable Materials per set-out per Customer, average volume of Organic Waste per set-out per Customer, participation level, Contamination levels, etc. Prior to the program evaluation review, City and Contractor will meet and discuss the purpose of the review and agree on the method, scope, and data to be provided by Contractor. Failure of Contractor to submit requested data or information to City within fifteen (15) 98
Workdays of a request may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4.
17.02 Cooperation with Other Program Reviews . Contractor shall cooperate with City and/or its agent(s) as reasonably requested to collect program data, perform field work, conduct route audits to investigate Customer participation levels and set-out volumes, and/or evaluate and monitor program results related to Garbage, Recyclable Materials, and Organic Waste Collected in City by Contractor, provided that such cooperation can be accomplished at no additional cost to Contractor and without interfering with Contractor’s operations. Failure of Contractor to submit requested data or information to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified in Exhibit 4.
Article 18. Collection Equipment
18.01 General Provisions. All equipment used by Contractor in the performance of services under this Agreement must be of a high quality and meet all Federal, State, and local regulations and air quality standards, including all applicable provisions of Air Quality Management District. Collection vehicles must be designed and operated so as to prevent Collected materials from escaping from the vehicles. Hoppers must be closed on top and on all sides with screening material to prevent Collected materials from leaking, blowing, or falling from the vehicles. All trucks and Containers must be watertight and must be operated so that liquids do not spill during Collection or in transit.
18.02 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use Compactor mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other gases from pressurized appliances.
18.03 Collection Vehicles. Contractor must use Collection Vehicle s as listed in the schedule included in Exhibit 4, and may use collection vehicles more than ten (10) years old as long as they are in good repair and operate consistent with other conditions in this Agreement. Contractor shall register all new Collection Vehicles under this Agreement to its address within the City and shall report all purchases of Collection Vehicles under this Agreement as attributable to the City for sales tax purposes . Collection Vehicles must utilize low carbon (“alternative”) fuel, which must meet applicable State and Federal laws, regulations, and requirements. If, during the Term of the Agreement, new technologies are available (such as hybrid or electric powered Collection vehicles), the City or the Contractor may request/negotiate implementation of such new Collection vehicles, with a corresponding change to the Maximum Service Rates to reflect additional cost or savings. During the Term, to the extent required by law, Contractor shall provide its Collection 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 p roposed to be contained in California Code of Regulations, Title 13, §§ 2020 et seq., the California Air Resources Board Advanced Clean Fleets Regulation as outlined in California Code of Regulations, Title 13, §§ 2013 et seq., the Federal EPA’s Highway Diesel Fuel Sulfur regulations, and all other applicable air pollution control laws.
18.03.1 Zero Emission Vehicle Tec hnology Transition. City and Contractor shall proactively take such steps to plan for, and upon City direction execute , transition of the Contractor’s Collection Vehicles to reliance on electricity or other zero emission technologies as a fuel source.
Contractor shall report to the City no less than annually on the status of the transition. The City and Contractor shall, n o less than annually, confer on the degree to which it is technologically and economically feasible to transition some or all Collection Vehicles to electricity or other zero emission technology. In determining whether it is economically feasible to transition Collection Vehicles per this Section, the City and Contractor shall review and evaluate Contractor’s estimated costs of replacing Collection Vehicles with zero emission vehicles. Upon a determination by the City that it is technologically and economically feasible to transition some or all Collection Vehicles to electricity or other zero emissions technology, Contractor shall proceed to purchase and operate such vehicles on a schedule mutually agreed to by Contractor and City, and subject to agreement regarding changes 99
in Contractor’s compensation that are reasonable and necessary for the transition to zero emissions technology. In addition to the change in compensation for the zero emission vehicle implementation, Contractor shall be entitled to a change in Contractor’s compensation for construction of an electric charging or other fueling station, subject to the mutual agreement of the City and Contractor and approval of the City Council. Contractor will coordinate with the City in finding or constructing a suitable charging or other fueling station for Contractor’s electric or other zero emission Collection Vehicles.
18.04 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicle s fitted with GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. Contractor will provide updates upon request for pickup statuses and completion. By the start of the Term of Agreement, frontload Collection Vehicles must also be fitted with cameras that are programmed to take photos, date and location stamped, to document violations, including Contamination, overfilling, and lids not closed. By end of term, all Collection Vehicles must similarly be fitted with such cameras. GPS and camera data for any such cameras in operation on Collection Vehicles must be made available to City upon request. Failure of Contractor to make data or information available to City within fifteen (15) Workdays of a request may result in assessment of Administrative Charges and Penalties as specified in Exhibit 5.
18.05 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may not use any Collection Vehicle in violation of weigh t limitations in Applicable Law , including any weight limitation placed on any public roadway or alley as adopted and posted by City . The Contractor may exceed the Collection Vehicle size limitation for a limited time due to extraordinary circumstances or conditions with the prior written consent of the Agreement Administrator. The limited time may not exceed 120 days. Contractor must report all instances of overweight vehicles to City as part of its quarterly reporting described in Section
22.04, and as part of its Annual Reports to the City described in Section 22.05. Contractor may be assessed Administrative Charges and Penalties as specified in Exhibit 5 as a result of exceeding an overweight vehicle rate of five percent (5.00%) in any Calendar Year during the Term of the Agreement. The overweight vehicle rate will be calculated as the total number of overweight Collection Vehicle instances during the Calendar Year divided by the total number of Collection Vehicle loads transported during the Calendar Year. Prior to collecting Administrative Charges and Penalties for overweight vehicles, the City shall afford Contractor a reasonable opportunity to provide the Agreement Administrator with documentation of the extraordinary circumstance that caused the overweight vehicles. Extraordinary circumstances in this case may include, but are not limited to, heavy rains or high winds that caused excess Green Waste to be generated, rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened due to extreme weather conditions. The Agreement Administrator shall have authority to consider Contractor’s documentation and uphold and collect the assessed charge, to reduce the charge, or to waive and dismiss the charge. The Agreement Administrator shall also have the authority to waive charges in advance of an anticipated, or in response to an actual, emergency event.
18.06 Registration; Inspection . All vehicles used by Contractor in providing Solid Waste Collection under this Agreement, except those vehicles used solely on Contractor’s Premises, are to be registered with the California Department of Motor Vehicles. In addition, each such vehicle must be inspected by the California Highway Patrol in accordance with Applicable Law. Within two (2) Workdays of a request from the Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance log and any safety compliance report, including, but not limited to, any report issued under California Vehicle Code §§ 34500 and following, as well as the biennial “BIT” inspections conducted by the California Highway Patrol.
18.07 Safety Markings. All Collection equipment used by Contractor must have appropriate safety markings including, but not limited to, highway lighting, flashing, and warning lights, clearance lights, and warning flags. All such safety markings must be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time.
18.08 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered without repetition and must have Contractor's name, Contractor’s customer service telephone number, and the number of the vehicle painted in letters of contrasting color, at least four (4) inches high, on each side and the rear of each vehicle. No advertising is permitted other than the name of Contractor, its logo , and its 100
registered service marks , except for promotional advertisement of the Recyclable Materials and Organic Waste programs, which is encouraged . City is to approve any promotional material of the Recyclable Materials and Organic Waste affixed to or painted on Contractor’s Collection Vehicles and may require such promotion to be utilized from time to time to encourage correct Recycling, reduce Contamination, and provide relevant education. Contractor must repaint all vehicles (including vehicles striping) during the Term of this Agreement on a frequency as necessary to maintain a positive public image , as reasonably determined by the Agreement Administrator, but not less often than once every five years.
18.09 Bin and Roll-off Container Signage, and Cleaning. All metal Bins and Roll-off Containers of any service type furnished by Contractor must be galvanized , in compliance with all applicable color specifications as set forth by CalRecycle . All metal or plastic bins and Roll-off Containers must display Contractor’s name, Contractor’s customer service telephone number, and the number of the Bin or Roll-off Container and must be kept in a clean and sanitary condition. Bins must also have labels that comply with Section 20.10 of this Agreement. Bins and Roll-off Containers should be free of dents and graffiti and newly painted at the start of this Agreement and painted as needed to maintain an orderly appearance throughout the Term of the Agreement, but not less frequently than once every three years. Bins and Roll-off Containers may be subject to periodic, unscheduled inspections by City, and determination as to sanitary condition will be made by City.
18.10 Vehicle Certification.
18.10.1 For each Collection Vehicle used in the performance of services under this Agreement, Contractor must obtain a certificate of compliance (smog check) issued pursuant to Part 5 of Division 26 of the California Health and Safety Code ( §§ 43000 et seq. ) and regulations promulgated thereunder, and/or a safety compliance report issued pursuant to Division 14.8 of the California Vehicle Code (§§ 34500 et seq.) and the regulations promulgated thereunder, as applicable to the vehicle. Contractor must maintain copies of such certificates and reports and must make such certificates and reports available for inspection upon request by the Agreement Administrator.
18.10.2 By July 1, 202 5, Contractor must submit to the Agreement Administrator verification that each of the Contractor’s Collection Vehicles has passed the California Heavy Duty Vehicle Inspection. Thereafter, Contractor must cause each vehicle in Contractor’s Collection fleet to be tested annually in the California Heavy Duty Inspection Program and must, upon request, submit written verification to City within ten (10) Workdays of the completion of such test. Contractor may not use any vehicle that does not pass such inspection.
18.11 Equipment Maintenance. Contractor must always maintain Collection equipment in a clean condition and in good repair. All parts and systems of the Collection equipment must operate properly and be maintained in a condition satisfactory to City. Contractor must wash all Collection Vehicles at least once a week.
18.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection Vehicles.
The log must always be accessible to City by physical inspection upon request of Agreement Administrator, and must show, at a minimum, each vehicle’s Contractor-assigned identification number, date purchased or initially leased, dates of performance of routine maintenance, dates of performance of any additional maintenance, and description of additional maintenance performed.
18.13 Equipment Inventory. On or before July 1, 2025, Contractor shall provide to City an inventory of Collection Vehicles and major equipment used by Contractor for Collection or transportation and performance of services under this Agreement. The inventory must indicate each Collection Vehicle by Contractor-assigned identification number, DMV license number, the age of the chassis and body, the type of fuel used, the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition, the decibel rating, and the maintenance and rebuild status. Contractor must submit an updated inventory, either via email or via electronic document sharing site (e.g., Dropbox) , to the Agreement Administrator, either annually or more often , at the request of the Agreement Administrator . Each inventory must also include the tare weight of each vehicle as determined by weighing at a certified scale used by Contractor. 101
Each vehicle inventory must be accompanied by a certification signed by Contractor that all Collection Vehicles meet the requirements of this Agreement.
18.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve Collection equipment which can be put into service and operation within one (1) hour of any breakdown. Such reserve equipment must correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties.
18.15 RNG Fuel Procurement Credits . Contractor agrees to coordinate and cooperate with the City to meet its Recovered Organic Waste Product procurement target, as defined in, and required by Applicable Law. In support of that objective, the City will receive any applicable SB 1383 Recovered Organic Waste Product procurement credits for all RNG used by the Contractor to power Contractor’s Collection vehicles as allowed by the Applicable Law and within the time provided therein.
Article 19. Contractor’s Office
19.01 Contractor’s Office. Contractor shall maintain an office within the Fairfield/Suisun City area, at a location that is mutually agreeable to City and Contractor, that is accessible to persons with disabilities as required by the Americans with Disabilities Act ( ADA). Such office must be equipped with enough telephones so that all Collection Service-related calls received during normal business hours are answered by an employee within five (5) rings. The office must have responsible persons in charge during Collection hours, and must be open during normal business hours (8:00 a.m. to 5:00 p.m. on Monday through Friday).
Contractor must provide either a local or toll-free telephone number that connects to the call center described in Section 19.02, and a telephone answering service or mechanical device to receive Service Recipient inquiries during those times when the office is closed. Calls received after normal business hours must be addressed the next Workday morning.
19.02 Customer Service Call Center. Contractor must maintain a Customer Service call center within the United States. Such office must be equipped with enough telephones that all customer service - related calls are answered by an employee within five (5) rings if they are received during normal business hours (8:00 a.m. to 5:00 p.m. on Monday through Friday).
19.03 Emergency Contact. Contractor must provide the Agreement Administrator with an emergency phone number where the Contractor can be reached outside of the required office hours.
19.04 Multilingual/Telecommunications Device for the Deaf ( TDD) Service. Contractor must always maintain the capability of responding to telephone calls in English , Spanish, and such other languages as City may direct. Contractor must always maintain the capability of responding to telephone calls through TDD Services.
19.05 Service Recipient Calls. During office hours, Contractor must maintain a telephone answering system capable of accepting at least five (5) incoming calls at one time. Contractor must record all calls, including any inquiries, service requests, or complaints, into a customer service log.
19.05.1 All incoming calls will be answered at the local office or call center within 5 rings. Any call “on-hold” more than 1.5 minutes must have the option to remain “on-hold” or request a “call-back” from a customer service representative . Contractor’s customer service representative s must return Service Recipient calls. For all messages left before 3:00 p.m., all “call backs” must be attempted a minimum of one time prior to 5:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” must be attempted a minimum of one time prior to noon the next Workday.
Contractor must make minimum of two (2) attempts within one (1) Workday of the receipt of the call.
If Contractor is unable to reach the Service Recipient on the next Workday, Contractor must send a postcard, email, text, or voicemail as indicated by the Service Recipient, to the Service Recipient on the second Workday after the call was received, indicating that the Contractor has attempted to return the call.
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Article 20. Contractor Support Services
20.01 Sustainability/Compliance Representative. Contractor will hire sufficient staff in the role of Sustainability/Compliance Representative to conduct site visits and provide outreach and education in support of meeting Franchise and CalRecycle Diversion requirements and to meet State mandates associated with Applicable Law and all amendments and related subsequent legislation. A Sustainability/Compliance Representative shall be available as needed to meet with the City and conduct site visits to implement Recyclable Materials and Organic Waste programs in the Service Area at least four days a week throughout the year. City may request monthly meetings with Contractor to discuss problems or issues such as Collection or Recycling programs, Billing or Service Recipient service issues, and day - to-day operations.
20.02 Sustainability and Compliance Plan. Contractor, at its own expense, must prepare, submit, and implement an annual (Calendar Year) Sustainability and Compliance Plan (“Plan”), which will guide Contractor’s staff’s work efforts. Contractor’s Plan is provided in Exhibit 9. This Plan will include measures to meet Diversion targets, increase Diversion, and increase participation of Service Recipients in Recyclable Materials and Organic Waste Diversion programs, and should target certain Recyclable Materials or “problem” areas, including Recyclable Materials and Organic Waste sorting and Contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach and education services outlined in Section 20.05 should be included as part of the Plan and updated annually . Any new outreach materials shall not be circulated to the public without City review and approval. Targets of outreach shall be based on local trends and Recycling patterns from data obtained by both the City and Contractor.
Contractor will maintain current and state-of-the-art public outreach and education services throughout the Term of this Agreement by providing outreach materials to Service Recipients electronically (via email and social media). Contractor must submit first year draft Plan to the City prior to the Commencement Date and by July 1st each year thereafter for the Term of the Agreement . City shall review and provide revisions to draft Plan within thirty (30) days of receipt. City shall review, provide comments, approve all education, and outreach materials. Contractor must revise and submit final Plan to City by December 1, 2025, for first year and then each year thereafter for the Term of the Agreement.
20.02.1 Approach to Meeting City’s Diversion Requirements. Contractor must document approach to meeting City’s Diversion requirements by specific Diversion program type (SFD, MFD, Commercial, Recyclable Material, Organic Waste, Bulky Waste, etc.) and must be tied to both specific and public education programs. This must include an implementation schedule showing the specific programs and tasks, milestones, and timeframes for meeting the Diversion requirements.
20.02.2 Environmental Stewardship. Contractor must describe all environmental management policies and activities related to the Solid Waste Collection service, including the use of Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the City’s streets, use of recycled products throughout operations, internal waste reduction and reuse protocol, water and resource conservation activities within facilities (design, construction and operation), compliance with laws governing E-Waste, HHW, and U-Waste, and use of non-toxic products when possible.
20.03 School Education and Outreach . Contractor shall develop and utilize outreach materials for use with all ages, including in a school context. Contractor shall distribute educational material and conduct onsite outreach periodically as requested. Additional information will be included in the annual Sustainability and Compliance Plan.
20.04 Compliance Notices. Contractor shall send SB 1383, AB 341, and AB 1826 compliance notices quarterly to all eligible Commercial entities and MFDs that do not subscribe to Organic Waste and/or Recyclable Materials Collection Service with the Contractor and/or do not provide an alternate method for Diverting Organic Waste, in conformance with Applicable Law. These notices shall also notify businesses of requirements under AB 827. Contractor shall mail notifications quarterly on or before the last day of the month following the end of the quarter.
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