Recyclable Materials Collection
Service volume required with
minimum Mandatory Service
Organic Waste Collection
Service volume required with
minimum Mandatory Service
5 - 10 units 1x 96-gal 1x 64-gal
11 - 20 units 2x 96-gal 2x 64-gal
21 - 40 units 4x 96-gal 3x 64-gal
41 - 100 units 6x 96-gal 4x 64-gal
100 + units 8x 96-gal 5x 64-gal
2122 10.1.3 MFD Service Unit Designation. In rare cases, such as MFD Dwelling 2123 Units with individual waste enclosures, garages or other built-environment physical 2124 separation, or individual ownership and/or management of the Dwelling Units, 2125 some MFD Dwelling Units may warrant being serviced as separate SFD Service 2126 Units. A Dwelling Unit shall only be considered its own SFD Service Unit if 2127 Contractor can reasonably provide SFD Collection Service to the Dwelling Unit and 2128 bill each unit separately. Should Service Recipient and Contractor be unable to 2129 reach agreement regarding Service Unit designation, Contractor shall confer with 2130 Agreement Administrator to cooperatively arrive at a solution. In the case a 2131 Dwelling Unit is determined to function as an SFD Service Units, all terms under 2132 Article 10 shall apply.
2133 10.1.4 Additional Service and Waivers. Additional Containers beyond those 2134 required with minimum Mandatory Service for MFD may be requested by the MFD 2135 Service Recipient. Additional Collection Containers or different size Collection 2136 Containers are subject to the applicable Maximum Service Rates set forth in 2137 Exhibit 1. To be exempted from MFD Recyclable Materials Service or MFD Organic 2138 Waste Collection Service, Service Recipient must apply for exemption to the City. 2139 All such waivers or Self-Haul must be approved by the City. 645
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2140 10.1.5 Hours of Collection. MFD Collection Service must be provided 2141 commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., 2142 Monday through Friday, and no earlier than 8:00 a.m. and no later than 5:00 p.m. 2143 on Saturday, except for Holidays in accordance with Section 5.3. The hours, day, 2144 or both of Collection may be extended due to extraordinary circumstances or 2145 conditions with the prior verbal or written consent of the Agreement Administrator. 2146 10.1.6 Frequency and Scheduling of Service. MFD Collection Service must be 2147 provided as deemed necessary and determined between Contractor and the MFD 2148 Service Unit, but such service must be received no less than one (1) time per week 2149 with no exception for Holiday(s) as set forth herein, except that Collection service 2150 scheduled to fall on a Holiday may be rescheduled as determined between the 2151 Service Unit and Contractor as long as the minimum frequency requirement is met. 2152 Service may be provided by Bin or Cart at the option of the Service Recipient. The 2153 size of the Container and the frequency (above the minimum) of Collection will be 2154 determined between the MFD Service Unit and Contractor. However, size and 2155 frequency must be sufficient to provide that no Solid Waste needs be placed 2156 outside the Collection Container.
2157 10.1.7 Manner of Collection. The Contractor must provide Collection Service 2158 with as little disturbance as possible; the Contractor must leave any Garbage, 2159 Recyclable Materials, or Organic Waste Container in an upright position, with the 2160 lid closed, at the same point it was Collected, without obstructing alleys, roadways, 2161 driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection 2162 Service must follow the regular walk for pedestrians while on private property and 2163 may not trespass nor cross property to the adjoining Premises unless the occupant 2164 or owner of both properties has given permission. Care should be taken to prevent 2165 damage to property, including flowers, shrubs, and other plantings. 2166 10.1.7.1 Any damage caused by Contractor to Service Recipient property, 2167 excluding normal wear and tear, shall be repaired or replaced promptly and 2168 reported to the City per the requirements of Section 5.15 and/or Section 2169 23.4.2.12, as applicable.
2170 10.1.8 Containers and Compactors. Contractor must provide Containers to 2171 Service Recipients as part of the Maximum Service Rates set forth in Exhibit 1. 2172 Service Recipients may own and provide their own Compactor provided that the 2173 Service Recipient is completely responsible for its proper maintenance, and that 2174 such Compactor is of a type that is compatible with Contractor's equipment. 2175 Contractor shall operate equipment that is compatible with pre-existing Service 2176 Recipient-owned Compactors.
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2177 10.1.9 Accessibility. Contractor must Collect all Containers that are readily 2178 accessible to Contractor's crew and vehicles and not blocked by other items, at 2179 such location agreed to by Contractor and Service Recipient, which will provide 2180 safe and efficient accessibility to Contractor's Collection crew and vehicle. 2181 Contractor shall dismount from Collection Vehicle to remove Containers from an 2182 enclosure or otherwise reasonably prepare accessible Containers for Collection. 2183 Contractor must provide MFD Collection Service to Containers placed inside of 2184 enclosures located along the drivable path in the MFD Service Unit Premises. 2185 Should access to Containers housed within an enclosure become a recurrent issue 2186 due to improper storage or placement of items in the enclosure by the Service 2187 Recipient or other obstruction, Contractor shall work with the Service Recipient 2188 and/or City to make adjustments to all allow for access within the enclosure or 2189 determine an alternative, accessible service location. Should limited enclosure 2190 access be a result of the Contractor’s own placement of Containers, the Contractor 2191 must rearrange Containers as necessary in order to provide Collection Service. 2192 10.1.9.1 Contractor may not automatically discontinue Collection Service 2193 to Containers that the Contractor deems inaccessible. Contractor shall 2194 make clear to the individual Service Recipient what conditions are 2195 necessary to prepare Containers for Collection and shall work 2196 collaboratively with the Service Recipient to identify a Collection location 2197 that will provide safe and efficient access to Contractor's Collection crew 2198 and Collection Vehicle. Contractor may also share with the Service 2199 Recipient the additional service options that are available at an additional 2200 cost as described in Section 10.1.10. Contractor shall report to the City any 2201 issues related to service location that prevent reasonable access to the 2202 Collection crew and Collection Vehicle in accordance with reporting 2203 requirements in Section 23.3.2.2. Should Contractor discontinue Collection 2204 service due to accessibility issues without first consulting the Service 2205 Recipient, Administrative Charges may be charged in accordance with 2206 Exhibit 5.
2207 10.1.10 Push Services and Similar Services. Notwithstanding any term or 2208 definition set forth in this Agreement, Contractor must provide push and/or pull 2209 services of MFD Garbage, Recyclable Materials, and Organic Waste on the MFD 2210 Service Recipient’s Premises to an MFD Service Unit at an additional cost as 2211 follows and at the Maximum Service Rates as set forth in Exhibit 1. Contractor is 2212 under no obligation to provide Collection Services under the following conditions 2213 unless Service Recipient has subscribed to “push” or similar service. If subscribed 2214 to by the Service Recipient, Contractor must provide push Collection Service on 2215 the same Workday that curbside Collection would otherwise be provided to the 2216 MFD Service Unit. Contractor may offer “push” services where Garbage, 647
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2217 Recyclable Materials, and Organic Waste Containers meet any of the following 2218 conditions:
2219 10.1.10.1 Driver must walk more than twenty (20) feet after dismounting the 2220 Collection Vehicle to access the Container and proceed to push, pull or 2221 otherwise move a Container more than twenty (20) feet to a serviceable 2222 location and return the Container to its storage location after Collection. 2223 10.1.10.2 Topography, steep driveways, below-grade dwellings, or limited 2224 access to public streets prevent driver standard access to Containers in 2225 their standard storage location.
2226 10.2 MFD Garbage Collection Service. In addition to the provisions generally applicable 2227 to this Agreement, the following terms apply specifically to MFD Garbage Collection 2228 Service:
2229 10.2.1 Conditions of Service. Contractor must provide MFD Garbage Collection 2230 Service to all MFD Service Units in the Service Area whose Garbage is properly 2231 containerized in Garbage Collection Containers, where the Garbage Collection 2232 Containers are accessible. The Maximum Service Rates for Contractor’s MFD 2233 Garbage Collection Services are set forth in Exhibit 1. 2234 10.3 MFD Recyclable Materials Collection Service. In addition to the provisions 2235 generally applicable to this Agreement, the following terms apply specifically to MFD 2236 Recyclable Materials Collection Service:
2237 10.3.1 Conditions of Service. Contractor must provide MFD Recyclable 2238 Materials Service to all MFD Service Units in the Service Area whose Recyclable 2239 Materials are properly containerized in Recyclable Materials Collection Containers 2240 except as set forth below, where the Recyclable Materials Collection Containers 2241 are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 2242 Materials Services are set forth in Exhibit 1.
2243 10.3.2 MFD Recyclable Materials Service Mandatory Subscription. All MFD 2244 Service Recipients subscribing to MFD Solid Waste Collection Service must 2245 receive, at minimum, weekly Collection of Recyclable Materials as outlined in 2246 Section 10.1.2. MFD Recyclable Materials Service shall be provided at the 2247 Maximum Service Rates set forth in Exhibit 1. The actual configuration of 2248 Recyclable Materials Collection Container sizes to be provided will be based on 2249 the total equivalent volume and configured in a manner determined by the Service 2250 Recipient in consultation with Contractor at Maximum Service Rates set forth in 2251 Exhibit 1.
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2252 10.4 MFD Organic Waste Collection Service. In addition to the provisions generally 2253 applicable to this Agreement, the following terms apply specifically to MFD Organic Waste 2254 Collection Service:
2255 10.4.1 Conditions of Service. Contractor must provide MFD Organic Waste 2256 Collection Service to all MFD Service Units in the Service Area whose Organic 2257 Waste is properly containerized in Organic Collection Containers, where the 2258 Organic Waste Collection Containers are accessible. Contractor will charge for 2259 Collection of Organic Waste at the Maximum Service Rates specified in Exhibit 1. 2260 Contractor agrees that not all Service Units will elect to receive Organic Waste 2261 Collection Service in Carts, and that Contractor will provide Organic Waste 2262 Collection Bins upon request and as necessary.
2263 10.4.2 MFD Organic Waste Service Mandatory Subscription. All MFD Service 2264 Recipients subscribing to MFD Solid Waste Collection Service must receive 2265 weekly Collection of Organic Waste Materials as outlined in Section 10.1.2. MFD 2266 Organic Waste Service shall be provided at the Maximum Service Rates set forth 2267 in Exhibit 1. The actual configuration of Organic Waste Collection Container sizes 2268 to be provided will be based on the total equivalent volume and configured in a 2269 manner determined by the Service Recipient in consultation with Contractor at 2270 Maximum Service Rates set forth in Exhibit 1.
2271 10.4.3 Internal Food Waste Sorting Interventions. Per the Education and 2272 Outreach Plan, Contractor must make available, upon request, interventions that 2273 support proper sorting of Food Waste, including aids to support reduction in odor 2274 and pests, at no additional cost.
2275 10.4.4 Drop-off Holiday Tree Collection. At no additional cost, Contractor shall 2276 provide holiday tree drop-off service to MFD Dwelling Units for the two weeks 2277 following December 26 each year, using Contractor-provided Debris Boxes placed 2278 at locations approved by City.
2279 10.4.5 MFD Bulky Waste Collection Service. In addition to the provisions 2280 generally applicable to this Agreement, the following terms apply specifically to 2281 MFD Bulky Waste Collection Service:
2282 10.4.5.1 Conditions of Service. Contractor must provide MFD Bulky Waste 2283 Collection Service to all MFD Service Units in the Service Area whose Bulky 2284 Waste has been placed within three (3) feet of the curb, swale, paved 2285 surface of the public roadway, closest accessible roadway, or other such 2286 location agreed to by Contractor and Service Recipient, that will provide 2287 safe and efficient accessibility to Contractor's Collection crew and vehicle. 2288 Upon property manager request, each MFD Service Unit is annually entitled 649
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2289 to receive up to two (2) Bulky Waste Collections, at two separate times in 2290 the Calendar Year, of up to four (4) Bulky Items per five (5) Dwelling Units 2291 within the MFD Service Unit, with a maximum of up to twenty (20) Bulky 2292 Items per MFD Bulky Waste Collection Services occurrence. For example, 2293 if an MFD Service Unit contains 300 Dwelling Units, only twenty (20) Bulky 2294 Items will be eligible for Collection per service occurrence, for a total of forty 2295 (40) eligible Bulky Items during the course of the Calendar Year. Contractor 2296 may provide this service via Roll-Off or flatbed, whichever is operationally 2297 appropriate. For additional Collection in any Calendar Year, the Contractor 2298 shall receive compensation from the Customer at the Maximum Service 2299 Rates set in Exhibit 1.
2300 10.4.6 Scheduling of Service. Bulky Waste Collection Service will be provided 2301 on the next regular Collection day if the request is received at least five (5) 2302 Workdays in advance of the next regular Collection day. 2303 10.4.6.1 Contractor shall annually notify and educate property 2304 management and/or property owners of every MFD Service Unit of the 2305 availability of the MFD Bulky Waste Collection Service and shall report to 2306 the City any MFD Service Unit that declines to participate at in at least one 2307 Bulky Waste Collection Service per year as part of Contractor’s annual 2308 reporting documentation, as described in Section 23.7.2.1. 2309 10.4.7 Bulky Waste Containing Freon. In the event Contractor Collects Bulky 2310 Waste that contains Freon, Contractor must handle such Bulky Waste in a manner 2311 such that the Bulky Waste is not subject to regulation as Hazardous Waste under 2312 applicable State and federal laws or regulations.
2313 10.4.8 Reuse Protocol. Contractor shall make every effort to promote the reuse of 2314 Collected Bulky Items by following the Reuse Protocol pursuant to Section 9.4.5. 2315 10.4.9 Disposal of Bulky Waste. Contractor shall not landfill such Bulky Waste 2316 unless the Bulky Waste cannot be reused or recycled. 2317 10.5 On-Call Household Hazardous Waste (HHW). The Contractor shall provide on-call 2318 Collection of HHW in accordance with Exhibit 7. Each MFD Service Unit in the Service 2319 Area shall be entitled to receive free on-call HHW Collection Service a maximum of one 2320 (1) collection time per Calendar Year. In accordance with the Maximum Service Rates set 2321 in Exhibit 1, Contractor shall be compensated for the cost of providing on-call HHW 2322 Collection Service in excess of one (1) time per Calendar Year to any Service Unit. 2323 10.5.1 Contractor shall notify and educate property management or owners of 2324 every MFD Service Unit of the availability of the MFD On-Call HHW Service and 650
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2325 shall report to the City any MFD Service Unit that declines to participate in at least 2326 one On-Call HHW Service per Calendar Year as part of Contractor’s annual 2327 reporting documentation, as laid out in Section 23.7.2.1. 2328 Article 11. Commercial Service
2329 11.1 Commercial Conditions of Service. Unless expressly set forth elsewhere in this 2330 Agreement, Contractor must provide Commercial Collection Services to all Commercial 2331 Service Units in the Service Area. In addition to the provisions generally applicable to this 2332 Agreement, the following terms apply specifically to Commercial Service:
2333 11.1.1 Non-Exclusive Service. Contractor and City acknowledge that as of the 2334 Commencement Date, Contractor does not have the right of exclusive Collection 2335 of Commercial Garbage provided in Roll-Off Containers, Commercial Recyclable 2336 Materials (in any Container), or Commercial Organic Waste (in any Container), but 2337 that at some future date some or all of these services may become exclusive to 2338 Contractor in accordance with Section 3.1.3 of this Agreement. Maximum Service 2339 Rates set forth in Exhibit 1 detail the maximum rates the Contractor may charge 2340 for non-exclusive services, but do not prevent the Contractor from charging less 2341 than the Maximum Service Rates for such non-exclusive services to allow the 2342 Contractor to remain competitive in the market. Contractor warrants, however, that 2343 if it charges less than the Maximum Service Rates for such non-exclusive services, 2344 any forgone revenue shall not be recovered or recoverable via Contractor’s 2345 Collection Service Rates charged other Service Recipients. 2346 11.1.2 Provision of Service. Contractor must provide Commercial Garbage 2347 Collection Service, Commercial Recyclable Materials Service, and Commercial 2348 Organic Waste Collection Service to all Commercial Service Units in the Service 2349 Area whose Garbage, Recyclable Materials, and Organic Waste are properly 2350 containerized in Collection Containers as appropriate where the Collection 2351 Containers are accessible as set forth in Section 11.1.9. Contractor must offer 2352 Garbage, Recyclable Materials, and Organic Waste Carts in 32-, 64-, and 96- 2353 gallon sizes. Contractor must offer Garbage and Recyclable Materials Bins in 1-, 2354 1.5-, 2-, 3-, 4-, and 6-cubic-yard sizes and must offer Organic Waste Bins in 1-, 2355 1.5, 2-, and 3-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-, 20- 2356 , 30-, and 40-cubic-yard sizes. Contractor may also either provide Collection 2357 Service from Compactors that are owned by Commercial Service Units or provide 2358 Compactors for Commercial Service Units to use for Collection Service, for the 2359 Maximum Service Rates set forth in Exhibit 1. The size of the Container (above 2360 the minimum) and the frequency of Collection will be determined between the 2361 Service Recipient and Contractor. However, the size and frequency must be 2362 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need 2363 be placed outside the Collection Container. The base Commercial Collection 651
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2364 Service will include Commercial Recyclable Materials Service as described in 2365 Section 11.3 below, and Commercial Organic Waste Collection Service as 2366 described in Section 11.4 below.
2367 11.1.3 Mandatory Service for Commercial Service Units. Commercial Garbage 2368 Collection Service shall be provided in Garbage Containers at the size and 2369 frequency as requested by the Commercial Service Recipient. Commercial 2370 Recyclable Materials Collection Service, when provided by Contractor, shall be 2371 provided, as a minimum standard, in one (1) 96-Gallon Blue Recyclable Materials 2372 Cart. Commercial Organic Waste Collection Service, when provided by Contractor, 2373 shall be provided, as a minimum standard, in one (1) 32-Gallon Green Organic 2374 Waste Cart. Minimum standard service levels shall be included in the Maximum 2375 Service Rates for Garbage Collection Service. Containers and collection 2376 frequencies in excess of the minimum standard shall be available at an additional 2377 cost, in accordance with Section 11.1.4. Should Commercial Recyclable Materials 2378 or Commercial Organic Waste at some future date become exclusive to Contractor 2379 in accordance with Section 3.1.3 of this Agreement, City and Contractor shall meet 2380 and confer in accordance with Section 28.1 to modify the Maximum Service Rates 2381 such that Commercial Recyclable Materials Collection Service and Commercial 2382 Organic Waste Collection Service in excess of the minimum standard are offered 2383 at a increased rate proportionate to the volumes already included in the Maximum 2384 Service Rates for Garbage Collection Service. The provisions of Section 27.6 shall 2385 apply to this Section.
2386 11.1.4 Additional Service and Waivers. Additional services may be requested 2387 by the Commercial Service Recipient. Additional Collection Containers or different 2388 size Collection Containers are subject to the applicable Maximum Service Rates 2389 set forth in Exhibit 1. Recyclable Materials Collection Service and Organic Waste 2390 Collection service may be provided in smaller sizes than the standard in rare cases 2391 where space constraints or minimal generation of materials warrant such reduction 2392 in size. To be exempted from Commercial Recyclable Materials Service or 2393 Commercial Organic Waste Collection Service, Service Recipient must apply for 2394 an exemption with the City. All such waivers, Self-Haul, or alternative hauler 2395 applications must be approved by the City.
2396 11.1.5 Hours of Collection. Commercial Collection Service must be provided 2397 commencing no earlier than 5:00 a.m., and terminating no later than 6:00 p.m., 2398 Monday through Saturday, except for Holidays. If the Commercial Collection 2399 Service is within 400 feet of an SFD or MFD Premises, then Collection service will 2400 be provided no earlier than 6:00 a.m. Monday through Friday, and no earlier than 2401 8:00 a.m. and no later than 5:00 p.m. on Saturday. The City may require additional 2402 restrictions on Collection hours in areas impacted by commute traffic, road repair, 2403 and around schools, or where continued noise complaints about Collection 652
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2404 Vehicles have occurred. The hours, day, or both of Collection may be extended 2405 due to extraordinary circumstances or conditions with the prior verbal or written 2406 consent of the Agreement Administrator.
2407 11.1.6 Frequency and Scheduling of Service. Commercial Collection Service 2408 must be provided as deemed necessary and determined between Contractor and 2409 the Commercial Service Unit, but such service must be received no less than one 2410 (1) time per week with no exception for Holiday(s) as set forth herein, except that 2411 Collection service scheduled to fall on a Holiday may be rescheduled as 2412 determined between the Service Unit and Contractor as long as the minimum 2413 frequency requirement is met. The size of the Container and the frequency (above 2414 the minimum) of Collection will be determined between the Commercial Service 2415 Unit and Contractor. However, size and frequency must be sufficient to provide that 2416 no Solid Waste needs be placed outside the Collection Container. 2417 11.1.7 Manner of Collection. Contractor must provide Commercial Collection 2418 Service consistent with Section 8.08 of the West Sacramento Municipal Code with 2419 as little disturbance as possible and must leave any Collection Container in an 2420 upright position, with the lid closed, at the same point it was originally located, 2421 without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. 2422 11.1.7.1 Any damage caused by Contractor to Service Recipient property 2423 shall be repaired or replaced promptly and reported to the City per the 2424 requirements of Section 5.15 and/or Section 23.4.2.12, as applicable. 2425 11.1.8 Containers and Compactors. Contractor must provide Containers as 2426 part of the Commercial Collection Maximum Service Rates set forth in Exhibit 1, 2427 as applicable. Service Recipients may own and provide their own Compactor 2428 provided that the Service Recipient is completely responsible for its proper 2429 maintenance, and that such Compactor is of a type that is compatible with 2430 Contractor's equipment.
2431 11.1.9 Accessibility. Contractor must Collect all Containers that are readily 2432 accessible to Contractor's crew and vehicles and not blocked by other items, at 2433 such location agreed to by Contractor and Service Recipient, which will provide 2434 safe and efficient accessibility to Contractor's Collection crew and vehicle. 2435 Contractor shall dismount from Collection Vehicle to remove Containers from an 2436 enclosure or otherwise reasonably prepare accessible Containers for Collection. 2437 Contractor must provide Commercial Collection Service to Containers placed 2438 inside of enclosures located along the driven path in the Commercial Service Unit 2439 Premises. Should access to Containers housed within an enclosure become a 2440 recurrent issue due to improper storage or placement of items in the enclosure by 2441 the Service Recipient or other obstruction, Contractor shall work with the Service 653
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2442 Recipient and/or City to make adjustments to all allow for access within the 2443 enclosure or determine an alternative, accessible service location. Should limited 2444 enclosure access be a result of the Contractor’s own placement of Containers, the 2445 Contractor must rearrange Containers as necessary in order to provide Collection 2446 Service.
2447 11.1.9.1 Contractor may not automatically discontinue Collection Service 2448 to Containers that the Contractor deems inaccessible. Contractor shall 2449 make clear to the individual Service Recipient what conditions are 2450 necessary to prepare Containers for Collection and shall work 2451 collaboratively with the Service Recipient to identify a Collection location 2452 that will provide safe and efficient access to Contractor's Collection crew 2453 and Collection Vehicle. Contractor may also share with the Service 2454 Recipient the additional service options that are available at an additional 2455 cost as described in Section 11.1.10. Contractor shall report to the City any 2456 issues related to service location that prevent reasonable access to the 2457 Collection crew and Collection Vehicle in accordance with reporting 2458 requirements in Section 23.3.2.2. Should Contractor discontinue Collection 2459 service due to accessibility issues without first consulting the Service 2460 Recipient, Administrative Charges may be charged in accordance with 2461 Exhibit 5.
2462 11.1.10 Push Services and Similar Services. Notwithstanding any term or 2463 definition set forth in this Agreement, Contractor must provide push and/or pull 2464 services of Commercial Garbage, Recyclable Materials, and Organic Waste on the 2465 Commercial Service Recipient’s Premises to a Commercial Service Unit at an 2466 additional cost as follows and at the Maximum Service Rates as set forth in Exhibit 2467 1. Contractor is under no obligation to provide Collection Services under the 2468 following conditions unless Service Recipient has subscribed to “push” or similar 2469 service. If subscribed to by the Service Recipient, Contractor must provide push 2470 Collection Service on the same Workday that curbside Collection would otherwise 2471 be provided to the Commercial Service Unit. Contractor may offer “push” services 2472 where Garbage, Recyclable Materials, and Organic Waste Containers meet any of 2473 the following conditions:
2474 11.1.10.1 Driver must walk more than twenty (20) feet after dismounting the 2475 Collection Vehicle to access the Container and proceed to push, pull or 2476 otherwise move a Container more than twenty (20) feet to a serviceable 2477 location and return the Container to its storage location after Collection. 2478 11.1.10.2 Topography, steep driveways, below-grade dwellings, or limited 2479 access to public streets prevent driver standard access to Containers in 2480 their standard storage location.
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2481 11.2 Commercial Garbage Collection Service. In addition to the provisions generally 2482 applicable to this Agreement, the following terms apply specifically to Commercial 2483 Garbage Collection Service:
2484 11.2.1 Conditions of Service. Contractor must provide Commercial Garbage 2485 Collection Service to all Commercial Service Units in the Service Area whose 2486 Garbage is properly containerized in Garbage Collection Containers, where the 2487 Garbage Collection Containers are accessible. The Maximum Service Rates for 2488 Contractor’s Commercial Garbage Collection Services are set forth in Exhibit 1. 2489 11.3 Commercial Recyclable Materials Service. In addition to the provisions generally 2490 applicable to this Agreement, the following terms apply specifically to Commercial 2491 Recyclable Materials Collection Service:
2492 11.3.1 Conditions of Service. Contractor shall provide Commercial Recyclable 2493 Materials Service to all Commercial Service Units in the Service Area whose 2494 Recyclable Materials are properly containerized in Recyclable Materials Collection 2495 Containers, except as set forth below, where the Recyclable Materials Collection 2496 Containers are accessible. The Maximum Service Rates for Contractor’s 2497 Commercial Recyclable Materials Services are set forth in Exhibit 1. Contractor 2498 will provide enough Collection Containers and at a Collection frequency to allow 2499 for any such Service Unit to utilize Recyclable Materials Collection Services to the 2500 extent that matches the Service Unit’s Recyclable Materials volume generation. 2501 Commercial Recyclable Materials Collection will occur Monday through Saturday 2502 upon request and as necessary. City shall provide Contractor a list, database, or 2503 other resource containing the names and addresses of Commercial Service Units 2504 that are approved by City for exemption from Recyclable Materials Collection. 2505 11.3.2 Commercial Recyclable Materials Service Mandatory Subscription. All 2506 Commercial Service Recipients subscribing to Commercial Garbage Collection 2507 Service from the Contractor must receive weekly Collection of Recyclable 2508 Materials with a minimum of at least one 96-gallon Blue Recyclable Materials Cart 2509 per Service Recipient as part of the Mandatory Commercial Collection Service, 2510 capped at the Maximum Service Rates set forth in Exhibit 1. The actual 2511 configuration of Recyclable Materials Collection Container sizes to be provided will 2512 be based on the total equivalent volume and configured in a manner determined 2513 by the Service Recipient in consultation with Contractor, at Maximum Service rates 2514 set forth in Exhibit 1.
2515 11.4 Commercial Organic Waste Collection Service. In addition to the provisions 2516 generally applicable to this Agreement, the following terms apply specifically to 2517 Commercial Organic Waste Collection Service:
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2518 11.4.1 Conditions of Service. Contractor shall provide Commercial Organic 2519 Waste Collection Service to all Commercial Service Units in the Service Area 2520 whose Organic Waste is properly containerized in Organic Collection Containers, 2521 where the Organic Waste Collection Containers are accessible. Contractor will 2522 charge for Collection of Organic Waste at the Maximum Service Rates specified in 2523 Exhibit 1. Contractor agrees that not all Service Units will elect to receive Organic 2524 Waste Collection Service in Carts, and that Contractor will provide Organic Waste 2525 Collection Bins upon request and as necessary. Contractor will provide enough 2526 Collection Containers and at a Collection frequency to allow for any such Service 2527 Unit to utilize Organic Waste Collection Services to the extent that matches the 2528 Service Unit’s Organic Waste volume generation. Commercial Organic Waste 2529 Collection will occur Monday through Saturday upon request and as necessary. 2530 City shall provide Contractor a list, database, or other resource containing the 2531 names and addresses of Commercial Service Units that are approved by City for 2532 exemption from Organic Waste Collection.
2533 11.4.2 Commercial Organic Waste Service Mandatory Subscription. All 2534 Commercial Service Recipients subscribing to Commercial Garbage Collection 2535 Service from the Contractor must receive weekly Collection of the equivalent 2536 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient as 2537 part of the Mandatory Commercial Collection Service, capped at the Maximum 2538 Service Rates set forth in Exhibit 1. The actual configuration of Organic Waste 2539 Collection Container sizes to be provided will be based on the total equivalent 2540 volume and configured in a manner determined by the Service Recipient in 2541 consultation with Contractor, at Maximum Service Rates set forth in Exhibit 1. 2542 Article 12. City Services
2543 12.1 City Collection Services.
2544 12.1.1 Contractor shall provide Garbage, Recyclable Materials, and Organic 2545 Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City 2546 may designate in the future (and where applicable, subject to the conditions in this 2547 Section), where the Containers are not blocked and are accessible by Contractor’s 2548 Collection Vehicles. Collection Services to City Facilities Service shall be limited to 2549 the equivalent of 375 cubic yards of Collection capacity per week across all City 2550 Service Units. Should the City require an increase in service capacity, either 2551 through additional Service Units or increased Collection frequency to existing 2552 Service Units, such change shall be subject to Section 28.1. City may update 2553 Exhibit 3 as needed, as service needs change.
2554 12.1.2 Development Review. Contractor, upon City’s request, shall assist the 2555 City in the review of development project applicants’ plans for projects covered by 656
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2556 Public Resources Code § 42911, including commercial and multi-family projects, 2557 to provide for effective and economical accumulation and Collection of Solid 2558 Waste.
2559 12.1.3 Abandoned Waste Notification. Contractor shall direct its Collection 2560 Vehicle drivers to note (i) the addresses of any premises at which the driver 2561 observes that Solid Waste is accumulating; and (ii) the address, or other location 2562 description, at which Solid Waste has been dumped in an apparently unauthorized 2563 manner. Contractor shall deliver the address or description to City within two (2) 2564 Workdays of such observation.
2565 12.1.4 Roll-Off Containers for Large-Scale City Clean-ups and Events. Upon 2566 request from City, and at no additional cost to City, Contractor shall provide Roll2567 Off Containers for large-scale City clean-ups and City-Sponsored Events, provided 2568 that City provides one week of advance notice to Contractor. Examples of large2569 scale City Clean-ups may include creek desilting events, clearance of materials 2570 left after clearing encampments, City-sponsored fire prevention clean-up events, 2571 City Facility move-out days, and other miscellaneous activities on City or public 2572 property that involve large quantities of debris. An example of a City-Sponsored 2573 Event is the annual Earth Day event. Contractor shall provide Carts, Bins and Roll2574 Off Containers, in the appropriate volume and combination for the individual clean2575 up or event, for an annual total volume, by Agreement Year, of up to 1,600 cubic 2576 yards (CY). Containers shall be delivered and picked up on the same day as each 2577 clean-up or event, to prevent unauthorized use of the Containers. Roll-Off 2578 Containers used for drop-off holiday tree Collection, as detailed in Section 9.3.3 2579 and 10.4.4 do not contribute to the total number of events included in this Section. 2580 12.2 City Collection Conditions of Service. In addition to the provisions generally 2581 applicable to this Agreement, the following terms apply specifically to City Collection 2582 Service:
2583 12.2.1 Contractor’s Good Will. In exchange for the good will of the City and the 2584 general public, Contractor voluntarily agrees to provide Solid Waste Collection 2585 under this Article at no cost to the City, excepting excess service as provided in 2586 this Article. Contractor warrants that such service shall neither impact or be 2587 included in the Maximum Service Rates, nor shall the cost of providing such 2588 service be otherwise paid for or subsidized by any other Service Recipients. 2589 12.2.2 Contractor shall receive written permission from the City before placing 2590 any Collection Containers on City-owned property for service, except that no such 2591 permission shall be needed to place Collection Containers at locations specified 2592 for such Containers in Exhibit 3.
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2593 12.2.3 Contractor shall limit the number of trips and the path of travel for 2594 Collection Vehicles in City parking lots.
2595 12.2.4 Container Service. City Facilities shall be provided Solid Waste 2596 Collection generally subject to the same terms and conditions as similar Service 2597 Units regarding Container specifications, repair, replacement, cleanings, and 2598 exchange, provided the City shall not be charged for any requests for such 2599 services.
2600 12.2.5 Frequency of Service. The frequency of Collection may be designated 2601 by the City, but not to exceed six (6) times per week per Container. City may 2602 change the City Service Units receiving service, and the Container volume and 2603 Collection frequency provided to any City Service Unit, by written notice to 2604 Contractor.
2605 12.2.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate 2606 access to City Service Unit sites. Contractor shall be responsible for the 2607 safekeeping of these keys, and shall pay for the replacement cost of keys if 2608 replacements are needed.
2609 12.2.7 Notification. The Contractor will notify the Agreement Administrator 2610 within one (1) Business Day, by e-mail, of all situations that prevent or hinder 2611 collection from any City Service Unit, unless otherwise directed by City. 2612 Article 13. Temporary Bin and Roll-Off Container Service 2613 13.1 Temporary Bin and Roll-Off Container Placement Requirements. Placement of 2614 Containers in the City right-of-way can cause negative impacts to the neighborhood, 2615 including visibility and safety hazards to the public. The preferred placement location is 2616 on private property, such as the driveway. If the placement of Containers must be in the 2617 City right-of-way (in the street next to the curb), Contractor shall notify the Service 2618 Recipient that they may need an encroachment permit from the City prior to such 2619 placement. Contractor shall not place a Container in the City right-of-way without 2620 confirming proper permitting and requirements per West Sacramento Municipal Code 2621 Section 8.08.
2622 13.2 Temporary Bin and Roll-Off Container Service. Contractor may provide temporary 2623 Bin and Roll-Off Container service to Service Recipients. Contractor may offer temporary 2624 Bins in 1-, 1.5, 2-, 3-, 4-, and 6-cubic-yard sizes, and Contractor may offer temporary Roll2625 Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Bin 2626 or Roll-Off Container within one (1) Business Day of requested delivery date. The size of 2627 the Container and the frequency of Collection will be determined between the Service 2628 Recipient and Contractor. All Bin and Roll-Off Containers must have a cover that is closed 658
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2629 at all times, except when loading and unloading, per West Sacramento Municipal Code 2630 Section 8.08.110.
2631 13.3 On-Call and Monthly Roll-Off Container Service. Contractor may provide on-call 2632 and monthly Roll-Off Container service to Service Recipients. Contractor may offer on2633 call and monthly Roll-Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor 2634 shall deliver such Roll-Off Container within two Business Days of requested delivery date. 2635 Contractor may also either provide Collection Service from Compactors that are owned 2636 by MFD or Commercial Service Units or provide Compactors for Commercial Service 2637 Units to use for Collection Service. The size of the Container and the frequency of 2638 Collection will be determined between the Service Recipient and Contractor. 2639 13.4 Large Generators, Contamination and Rejected Loads. There shall be a 2640 reasonable expectation for Contractor drivers to not haul Roll-Off Containers intended for 2641 Construction and Demolition materials with obvious Contamination, discerned via a visual 2642 audit upon providing service, that can be resolved onsite prior to hauling. Contractor shall 2643 make a Good Faith effort to support proper sorting of C&D onsite, including source2644 separation as applicable, labeling, instructions, and visual spot-checks. Contractor’s 2645 Sustainability Coordinator or other field representative shall visit five (5) C&D Roll-Off 2646 Service Recipients per month per Section 21.4.1.3, representing either (i) the largest 2647 projects or the Service Recipients with the greatest volume of service associated with the 2648 project, or (ii) projects with Roll-Off Container loads that are commonly rejected or 2649 otherwise reported as Contaminated. Contractor shall prioritize visiting C&D Roll-Off 2650 Service Recipients that have not received a visit from the Contractor within the last six (6) 2651 months to ensure a diverse assortment of Service Recipients are provided applicable 2652 outreach and technical assistance throughout the Term. 2653 13.5 Hours of Collection. Temporary Bin and Roll Off Container Service must be 2654 provided commencing no earlier than 5:00 a.m., and terminating no later than 7:00 p.m., 2655 Monday through Saturday, except for Holidays. If the Commercial Collection Service is 2656 adjacent to SFD or MFD Premises, then Collection service will be provided no earlier than 2657 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours, day, or both of 2658 Collection may be extended due to extraordinary circumstances or conditions with the 2659 prior verbal or written consent of the Agreement Administrator. 2660 Article 14. Additional Services
2661 14.1 School Recycling Program. Contractor shall provide or subcontract to an 2662 environmental education firm a school recycling program that includes curriculum, on-site 2663 classroom visits, and technical assistance as detailed in the Education and Outreach Plan 2664 (Exhibit 10). Should this service be subcontracted, subcontractor shall specialize in K-12 2665 education in sustainability. Each school site shall be visited at least two (2) times annually, 2666 and the Contractor or subcontractor shall maintain a contact list and log of progress with 659
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2667 each school site. Contractor shall report to the City any school site that declines a site 2668 visit or other associate support as part of Contractor’s annual reporting documentation, 2669 as described in Article 23. The School Recycling Program shall be specialized and 2670 targeted, and must be approved by the City. Progress on the School Recycling Program 2671 shall be included in the Contractor’s annual Agreement Year Reporting outlined in Section 2672 23.5.2.5.
2673 14.2 Greenhouse Gas (GHG) Emissions. Once each year during the term of the 2674 Agreement, Contractor shall provide to the City a carbon emissions inventory for 2675 operations in connection with performance of services under the Agreement, as well as a 2676 description of Contractor’s activities, both planned and implemented, to reduce its carbon 2677 footprint. The methodology by which Contractor will measure and track GHG Emissions 2678 is detailed in the Sustainability and Compliance Plan (Exhibit 9). The annual carbon 2679 emissions inventory will be provided as part of Contractor’s annual Agreement Year 2680 reporting outlined in Section 23.5.2.5.
2681 14.3 Support in Complying with SB 54. Contractor will, at no cost to the City, provide 2682 support to the City in complying with SB 54. Contractor support may include, but is not 2683 limited to, record-keeping, collection of data, waste stream sampling, and compilation of 2684 reports.
2685 Article 15. Emergency Service
2686 15.1 Revised Services During an Emergency. In the event of a major storm, earthquake, 2687 fire, flood, tornado, other natural or man-made disaster, or other such emergency event 2688 (collectively “Emergency Event”), Contractor will continue to provide Solid Waste 2689 Collection to the maximum extent practicable, and in accordance with FEMA’s Public 2690 Assistance Debris Management Guide (FEMA-325). The Agreement Administrator may 2691 grant the Contractor a variance from regular routes and schedules, which will not be 2692 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor 2693 must advise the Agreement Administrator when it is anticipated that normal routes and 2694 schedules can be resumed. The Agreement Administrator will try through the local news 2695 media to inform the public when regular services may be resumed. The clean-up from 2696 some Emergency Events may require that Contractor hire additional equipment, employ 2697 additional personnel, or work existing personnel on overtime hours to clean debris 2698 resulting from the event. If Contractor secures written authorization and approval from 2699 City through the Agreement Administrator, Contractor will receive additional 2700 compensation above the normal compensation contained in this Agreement to cover the 2701 costs of rental equipment, additional personnel, overtime hours, and other documented 2702 expenses based on the rates set forth in Exhibit 1. City will be given equal priority and 2703 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 660
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2704 15.2 Emergency Event Planning. Within sixty (60) days from a request by City, 2705 Contractor shall prepare a draft Emergency Event plan that sets forth procedures for 2706 maintaining regular Collection service and Collection of debris following an Emergency 2707 Event and provide a framework for how the City will respond, clear, remove, and dispose 2708 of debris generated during a disaster. The Emergency Event plan shall address 2709 arrangements to provide needed vehicles and personnel, priorities for clean-up at critical 2710 facilities, and procedures for reimbursement for costs; it shall also describe 2711 communication plans, list key contact persons, and provide maps showing proposed sites 2712 for stockpiling of disaster debris that cannot be transported to the landfill. Contractor shall 2713 coordinate the plan with City’s Public Works Department. The draft plan shall be 2714 presented to the Agreement Administrator for consideration and approval. The final plan 2715 shall be distributed to those employees of Contractor and City who would have a role in 2716 implementing upon the occurrence of an Emergency Event. 2717 15.3 Emergency Event Recovery Support. In the event of an Emergency Event, 2718 Contractor agrees to provide recovery support upon request by Agreement Administrator. 2719 This may include additional hauling of debris, special handling such as wrapping waste 2720 in plastic (i.e., “burrito wrapping”), temporary storage of debris where feasible, additional 2721 disposal, use of different transfer and disposal facilities, and documentation of debris 2722 type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2723 Operational Area Mass Debris Management Plan (Annex to the Operational Area 2724 Emergency Response Plan) and any subsequent County or City Disaster Debris Plans, 2725 as applied to Solid Waste hauling and handling.
2726 Article 16. Collection Routes
2727 16.1 Service Routes. Contractor must provide City with maps and digital mapping data 2728 precisely defining Collection routes, together with the days and the times at which 2729 Collection will regularly commence, on an annual basis as part of Agreement Year 2730 reporting detailed in Section 23.5.2.3 and upon City request. 2731 16.2 Service Routes Near Schools. Contractor agrees not to schedule Collection 2732 service within 500 feet of a school’s roadway frontage and/or driveways during either the 2733 school’s daily morning student arrival window(s) or the school’s daily afternoon student 2734 departure window(s).
2735 16.3 Initial Route Changes. Contractor agrees not to change any Residential Solid 2736 Waste Collection routes in effect as of the Effective Date of this Agreement prior to July 2737 1, 2028, except for limited route changes that may be necessary for new development 2738 and subject to review and approval by the City. After July 1, 2028, if any re-routing of 2739 Residential Solid Waste Collection is necessary for Collection efficiency, Contractor may 2740 submit to City, in writing, proposed route changes (including maps thereof) not less than 2741 sixty (60) calendar days prior to the proposed date of implementation. Any such initial 661
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2742 routing change is subject to City review and approval, including City’s review and approval 2743 of all associated notification to the applicable Service Recipients. 2744 16.4 Future Service Route Changes. Contractor must submit to City, in writing, any 2745 proposed route change (including maps thereof) not less than sixty (60) calendar days 2746 prior to the proposed date of implementation. Contractor may not implement any route 2747 changes without the prior review and approval of the Agreement Administrator. If the 2748 change will change the Collection day for a Service Recipient, Contractor must notify 2749 those Service Recipients in writing of route changes not less than thirty (30) days before 2750 the proposed date of implementation. All associated notifications must be reviewed and 2751 approved by the Agreement Administrator.
2752 16.4.1 Route map updates as a result of annexation are detailed in Section 2753 8.3.1.
2754 16.5 Collection Route Audits. City reserves the right to conduct audits of Contractor’s 2755 Collection routes. Contractor must cooperate with City in connection therewith, including 2756 permitting City employees or agents designated by the Agreement Administrator to ride 2757 in the Collection Vehicles to conduct the audits. Contractor has no responsibility or liability 2758 for the salary, wages, benefits, or worker compensation claims of any person designated 2759 by the Agreement Administrator to conduct such audits. 2760 Article 17. Collection Equipment
2761 17.1 General Provisions. All equipment used by Contractor in the performance of 2762 services under this Agreement must be of a high quality and meet all Federal, State, and 2763 local regulations and air quality standards, including all applicable provisions of Air Quality 2764 Management District. Collection Vehicles must be designed and operated so as to 2765 prevent Collected materials from escaping from the vehicles. Hoppers must be closed on 2766 top and on all sides with screening material to prevent Collected materials from leaking, 2767 blowing, or falling from the vehicles. All trucks and Containers must be watertight and 2768 must be operated so that liquids do not spill during Collection or in transit. 2769 17.2 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use Compactor 2770 mechanisms or mechanical handling equipment that may damage reusable goods or 2771 release Freon or other gases from pressurized appliances. 2772 17.3 Support Vehicles. Contractor’s support vehicles for all sustainability and field staff 2773 (including coordinators, route supervisors, operations managers, etc.) must be hybrid 2774 electric vehicles, full electric vehicles, or utilize low-carbon (“alternative”) fuel, which must 2775 be renewable natural gas (RNG), liquefied natural gas (LNG), or CNG, unless otherwise 2776 pre-authorized by the City in writing.
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2777 17.4 Collection Vehicles. Contractor must use Collection Vehicles as listed in the 2778 schedule included in Exhibit 7 and may not use any Collection Vehicle that is more than 2779 ten (10) years old during the Term of the Agreement. Contractor shall register all new 2780 Collection Vehicles under this Agreement to its local corporate yard address within the 2781 City. Collection Vehicles must utilize low carbon (“alternative”) fuel, which must be 2782 renewable natural gas (RNG), liquefied natural gas (LNG), CNG, or electric unless 2783 otherwise pre-authorized by the City in writing. If, during the Term of the Agreement, new 2784 technologies are available (such as hybrid or electric powered Collection Vehicles), the 2785 City or the Contractor may request/negotiate implementation of such new Collection 2786 Vehicles, with a corresponding change to the Maximum Service Rates to reflect additional 2787 cost or savings. During the Term, to the extent required by law, Contractor shall provide 2788 its Collection Vehicles to be in full compliance with all Applicable Laws, including State 2789 and Federal clean air requirements that are adopted or proposed to be adopted, including, 2790 but not limited to, the California Air Resources Board Heavy Duty Engine Standards as 2791 currently proposed to be contained in California Code of Regulations, Title 13, Sections 2792 2020 et seq., the California Air Resources Board Advanced Clean Fleets Regulation as 2793 outlined in California Code of Regulations, Title 13, Sections 2013 et seq., the Federal 2794 EPA’s Highway Diesel Fuel Sulfur regulations, and all other applicable air pollution control 2795 laws.
2796 17.4.1 Zero Emission Vehicle Technology Transition. City and Contractor shall 2797 proactively take such steps as are necessary to plan for, and upon City direction 2798 execute, the transition of the Contractor’s Collection Vehicles to reliance on 2799 electricity or other zero emission technologies as a fuel source. Contractor shall 2800 report to the City no less than annually on the status of the transition. The City and 2801 Contractor shall, no less than annually, confer on the degree to which it is 2802 technologically and economically feasible to transition some or all Collection 2803 Vehicles to electricity or other zero emission technology. In determining whether it 2804 is economically feasible to transition Collection Vehicles per this Section, the City 2805 and Contractor shall review and evaluate Contractor’s current and historical 2806 finances and profitability. Upon a determination by the City that it is technologically 2807 and economically feasible to transition some or all Collection Vehicles to electricity 2808 or other zero emissions technology, Contractor shall proceed to purchase and 2809 operate such vehicles on a schedule mutually agreed to by Contractor and City, 2810 and subject to agreement regarding changes in Contractor’s Compensation that 2811 are reasonable and necessary for the transition. Contractor shall be entitled to a 2812 change in Contractor’s Compensation for construction of an electric charging or 2813 other fueling station, subject to the mutual agreement of the City and Contractor 2814 and approval of the City Council. Contractor will coordinate with the City in finding 2815 or constructing a suitable charging or other fueling station for Contractor’s electric 2816 or other zero emission Collection Vehicles.
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2817 17.5 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles 2818 fitted with GPS tracking devices that can be used to record start and stop times, vehicle 2819 locations, and maximum speed. Contractor shall furnish to the City, at no additional cost 2820 or expense, any software and equipment necessary for City to track the location of 2821 Collection Vehicles in real time and to generate reports as needed. Collection Vehicles 2822 must also be fitted with cameras that are programmed to take photos, date and location 2823 stamped, to document violations, including Contamination, Overage, and lids not closed. 2824 GPS and camera data must be made available to City upon request. Failure of Contractor 2825 to make data or information available to City within fifteen (15) Workdays of a request 2826 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 2827 5. City’s request for information shall serve as written notice of requirement to provide 2828 data. Should Contractor be unable to provide data within required timeframe, Contractor 2829 shall request an extension within five (5) Business Days of receipt of the City’s request 2830 detailing the basis for the extension. City shall not unreasonably deny request for such 2831 extension.
2832 17.6 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may 2833 not use any Collection Vehicle in violation of weight limitations in Applicable Law, including 2834 any weight limitation placed on any public roadway or alley as adopted and posted by 2835 City. The Contractor may exceed the Collection Vehicle size limitation for a limited time 2836 due to extraordinary circumstances or conditions with the prior written consent of the 2837 Agreement Administrator. The limited time may not exceed 120 days. Contractor must 2838 report all instances of overweight vehicles to City as part of its monthly reporting described 2839 in Section 23.4.2.5. Contractor may be assessed Administrative Charges and Penalties 2840 as specified in Exhibit 5. Prior to collecting Administrative Charges and Penalties for 2841 overweight vehicles, the City shall afford Contractor a reasonable opportunity to provide 2842 the Agreement Administrator with documentation of the extraordinary circumstance that 2843 caused the overweight vehicles. Extraordinary circumstances in this case may include, 2844 but are not limited to, heavy rains or high winds that caused excess Green Waste to be 2845 generated, rain to accumulate in open Collection Containers, or normal Collection routes 2846 to be delayed or shortened due to extreme weather conditions. The Agreement 2847 Administrator shall have authority to consider Contractor’s documentation and uphold and 2848 collect the assessed charge, to reduce the charge, or to waive and dismiss the charge. 2849 The Agreement Administrator shall also have the authority to waive charges in advance 2850 of an anticipated, or in response to an actual, emergency event. 2851 17.7 Registration; Inspection. All vehicles used by Contractor in providing Solid Waste 2852 Collection under this Agreement, except those vehicles used solely on Contractor’s 2853 Premises, are to be registered with the California Department of Motor Vehicles. In 2854 addition, each such vehicle must be inspected by the California Highway Patrol in 2855 accordance with Applicable Law. Within two (2) Workdays of a request from the 2856 Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance 2857 log and any safety compliance report, including, but not limited to, any report issued under 664
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2858 California Vehicle Code Sections 34500 and following, as well as the biennial “BIT” 2859 inspections conducted by the California Highway Patrol. 2860 17.8 Safety Markings. All Collection equipment used by Contractor must have 2861 appropriate safety markings including, but not limited to, highway lighting, flashing, and 2862 warning lights, clearance lights, and warning flags. All such safety markings must be in 2863 accordance with the requirements of the California Vehicle Code, as may be amended 2864 from time to time.
2865 17.9 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered 2866 without repetition and must have Contractor's name, Contractor’s customer service 2867 telephone number, and the number of the vehicle painted in letters of contrasting color, 2868 at least four (4) inches high, on each side and the rear of each vehicle. No advertising is 2869 permitted other than the name of Contractor, its logo, and its registered service marks, 2870 except for promotional advertisement of the Recyclable Materials and Organic Waste 2871 programs, which is encouraged. City is to approve any promotional material of the 2872 Recyclable Materials and Organic Waste affixed to or painted on Contractor’s Collection 2873 Vehicles and may require such promotion to be utilized from time to time to encourage 2874 correct Recycling, reduce Contamination, and provide relevant education. Contractor 2875 must repaint all vehicles (including vehicle striping) during the Term of this Agreement on 2876 a frequency as necessary to maintain a positive public image, as reasonably determined 2877 by the Agreement Administrator, but not less often than once every five years. 2878 17.10 Vehicle Certification. For each Collection Vehicle used in the performance of 2879 services under this Agreement, Contractor must obtain a certificate of compliance (smog 2880 check) issued pursuant to Part 5 of Division 26 of the California Health and Safety Code 2881 (Section 43000 and following) and regulations promulgated thereunder, and/or a safety 2882 compliance report issued pursuant to Division 14.8 of the California Vehicle Code (Section 2883 34500 and following) and the regulations promulgated thereunder, as applicable to the 2884 vehicle. Contractor must maintain copies of such certificates and reports and must make 2885 such certificates and reports available for inspection upon request by the Agreement 2886 Administrator.
2887 17.10.1 By July 1, 2027, Contractor must submit to the Agreement Administrator 2888 verification that each of the Contractor’s Collection Vehicles has passed the 2889 California Heavy Duty Vehicle Inspection. Thereafter, Contractor must cause each 2890 vehicle in Contractor’s Collection fleet to be tested annually in the California Heavy 2891 Duty Inspection Program and must, upon request, submit written verification to City 2892 within ten (10) Workdays of the completion of such test. Contractor may not use 2893 any vehicle that does not pass such inspection.
2894 17.11 Equipment Maintenance. Contractor must always maintain Collection equipment 2895 in a clean condition and in good repair. All parts and systems of the Collection equipment 665
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2896 must operate properly and be maintained in a condition satisfactory to City. Contractor 2897 must wash all Collection Vehicles at least once a week. 2898 17.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection 2899 Vehicles. The log must always be accessible to City by physical inspection upon request 2900 of Agreement Administrator, and must show, at a minimum, each vehicle’s Contractor2901 assigned identification number, date purchased or initially leased, dates of performance 2902 of routine maintenance, dates of performance of any additional maintenance, and 2903 description of additional maintenance performed.
2904 17.13 Equipment Inventory. On or before July 1, 2027, Contractor shall provide to City 2905 an inventory of Collection Vehicles and major equipment used by Contractor for Collection 2906 or transportation and performance of services under this Agreement. The inventory must 2907 indicate each Collection Vehicle by Contractor-assigned identification number, DMV 2908 license number, the age of the chassis and body, the type of fuel used, the type and 2909 capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2910 decibel rating, and the maintenance and rebuild status. Contractor must submit an 2911 updated inventory, either via email or via electronic document sharing site (e.g., Dropbox), 2912 to the Agreement Administrator, either annually or more often, at the request of the 2913 Agreement Administrator. Each inventory must also include the tare weight of each 2914 vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2915 inventory must be accompanied by a certification signed by Contractor that all Collection 2916 Vehicles meet the requirements of this Agreement.
2917 17.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve 2918 Collection equipment which can be put into service and operation within one (1) hour of 2919 any breakdown. Such reserve equipment must correspond in size and capacity to the 2920 equipment used by the Contractor to perform the contractual duties. 2921 17.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate 2922 with the City to meet its Recovered Organic Waste Product procurement target, as 2923 defined in, and required by Applicable Law. In support of that objective, the City will 2924 receive any applicable SB 1383 Recovered Organic Waste Product procurement credits 2925 for all RNG used by the Contractor to power Contractor’s Collection Vehicles as allowed 2926 by the Applicable Law and within the time provided therein. 2927 Article 18. Contractor's Personnel
2928 18.1 Displaced Employees. Contractor shall offer employment to all qualified displaced 2929 employees of the City’s franchisee from the prior Exclusive Solid Waste Collection 2930 Agreement at pay and benefit rates meeting or exceeding prior amounts. Contractors 2931 must retain these displaced employees until such employees leave employment or are 2932 terminated for cause. Contractor shall make information about wage rates, benefits, and 666
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2933 job classifications of employees available to the City prior to any subsequent procurement 2934 for Solid Waste Collection, no later than fifteen (15) days following a request from the City 2935 for such information.
2936 18.2 Personnel Requirements. Contractor shall assign only qualified personnel to 2937 perform all services required under this Agreement and shall be responsible for ensuring 2938 its employees comply with this Agreement and all Applicable Laws related to their 2939 employment and position. Contractor's employees, officers, agents, and subcontractors 2940 shall not identify themselves or in any way represent themselves as being employees or 2941 officials of City. City may request the transfer of any employee of Contractor who 2942 materially violates any provision of this Agreement, or who is wanton, negligent, or 2943 discourteous in the performance of their duties under this Agreement. 2944 18.3 Contract Manager (or Project Manager). Contractor shall designate a qualified 2945 employee to serve as its Contract Manager (or similar title) and must provide the name 2946 of that person in writing to City within thirty (30) days prior to the Commencement Date of 2947 this Agreement, and annually by July 1st of each subsequent Agreement Year of this 2948 Agreement, and any other time the person in that position changes. The Contract 2949 Manager shall serve as the City’s primary contact for the Collection Services under this 2950 Agreement and shall be the Contractor’s primary employee for monitoring and 2951 implementing compliance with this Agreement. The Contract Manager must be available 2952 to the City through the use of telecommunications equipment at all times that Contractor 2953 is providing Solid Waste Collection in the Service Area. The Contract Agreement Manager 2954 must provide City with an emergency phone number where the Contract Manager can be 2955 reached outside of normal business hours.
2956 18.4 Service Supervisor (or General Manager). Contractor shall assign a qualified 2957 employee to serve as its Service Supervisor (or similar title), to be in charge of the 2958 Collection Service within the Service Area, and must provide the name of that person in 2959 writing to the Agreement Administrator on or before the Commencement Date, and 2960 thereafter annually before July 1st of each subsequent Agreement Year of the Term, and 2961 any other time Contractor changes the employee serving in that position. The Service 2962 Supervisor must be available to the Agreement Administrator through the use of 2963 telecommunication equipment at all times that Contractor is providing Solid Waste 2964 Collection. In the event the Service Supervisor is unavailable due to illness or vacation, 2965 Contractor must designate a substitute acceptable to the City who shall be available and 2966 shall have the authority to act in the same capacity as the Service Supervisor. 2967 18.5 Key Operations Staff. Contractor shall identify full-time Key Operations Staff, 2968 consisting at a minimum of: one (1) Route Supervisor (or similar title); one (1) Billing 2969 Manager (or similar title); and one (1) Customer Service Manager (or similar title), each 2970 at least 20% dedicated to the City. Each Key Operations Staff person will provide the 667
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2971 following to City staff: email address, phone number, cell phone number, and office 2972 address.
2973 18.6 Sustainability/Compliance Staff (or Outreach Manager / Coordinator). In 2974 accordance with Section 21.1, Contractor shall provide full-time 2975 Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 2976 18.7 Field Personnel. Contractor’s field operations personnel are required to wear a 2977 clean uniform shirt bearing Contractor’s name. Contractor’s employees who normally 2978 come into direct contact with the public, including drivers, must bear some means of 2979 individual photographic identification, such as a name tag or identification card. Each 2980 driver of a Collection Vehicle must at all times carry a valid California driver's license and 2981 all other required licenses for the type of vehicle that is being operated. 2982 18.8 Availability of Staff in Service Area. The Service Supervisor, Route Supervisor, or 2983 other designated substitute acceptable to the City must be capable of being physically 2984 located in the Service Area within thirty (30) minutes at any given time during the Workday 2985 to respond to Collection issues, respond to emergencies, or otherwise be available to 2986 field operations and/or City staff.
2987 18.9 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 2988 3700 of the California Labor Code that require every employer to be insured against 2989 liability for Workers' Compensation or to undertake self-insurance in accordance with the 2990 provisions of that Code; (ii) in the performance of the Services, Contractor shall not, in 2991 any manner, employ any person or contract with any person such that any part of this 2992 Agreement is performed by such a person as would be subject to the workers' 2993 compensation laws of the State of California unless and until Contractor gives City a 2994 certificate of consent to self-insure or a certificate of Workers' Compensation Insurance 2995 Coverage; and (iii) in the event Contractor hires any subcontractor who has employees 2996 to perform any part thereof, then Contractor shall either require the subcontractor to 2997 obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 2998 Compensation Insurance Coverage for the subcontractor's employees. Before 2999 commencing performance under this Agreement, Contractor shall provide to the City 3000 evidence of any Workers' Compensation Insurance Coverage required by or for this 3001 Agreement, and all such coverage shall be endorsed with a waiver of subrogation in favor 3002 of City for all work performed by Contractor, its employees, its agents, and its 3003 subcontractors.
3004 18.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement 3005 without the prior written approval of the Agreement Administrator. Contractor is fully 3006 responsible to City for the performance of any and all subcontractors, if any, and shall 3007 require any subcontractors to maintain all applicable federal, state, and local licenses 3008 required for the work they are assigned to perform. Contractor shall require any 668
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3009 subcontractors performing work in the City to enter into a written contract that requires 3010 such subcontractors to agree they are independent contractors and have no other agency 3011 relationship with City.
3012 CUSTOMER SERVICE, SUSTAINABILITY, AND DIVERSION
3013 Article 19. Customer Service Program and Complaint 3014 Resolution
3015 19.1 Contractor’s Office. Contractor shall maintain a business office that handles 3016 customer service inquiries via telephone and email. The office must have responsible 3017 persons in charge during Collection hours, and must be open during normal business 3018 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). Contractor shall also provide a 3019 drop box or other physical drop-off service at West Sacramento City Hall where Service 3020 Recipients may pay bills.
3021 19.2 Professionalism. Contractor shall use its best efforts to ensure that all employees 3022 present a neat appearance and conduct themselves in a courteous manner. Customer 3023 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3024 profane language, and shall instruct Collection crews to perform the work quietly. 3025 19.3 Customer Service Call Center. Contractor must maintain a Customer Service call 3026 center within California. Such call center must be live and adequately staffed to meet the 3027 performance standards laid out in Section 19.7 during normal business hours (8:00 a.m. 3028 to 5:00 p.m. on Monday through Friday).
3029 19.4 Emergency Contact. Contractor must provide the Agreement Administrator with an 3030 emergency phone number where the Contractor can be reached outside of the required 3031 office hours.
3032 19.5 Telephone. The Contractor shall maintain a toll-free telephone system during office 3033 hours via its call center. The Contractor shall develop a premiere queue for tracking and 3034 reporting West Sacramento-specific Customer calls. Customers must be able, with 3035 reasonable convenience, to reach the Contractor’s call center by phone during office 3036 hours. Calls received after normal business hours must be addressed the next Business 3037 Day morning.
3038 19.5.1 Multilingual/Telecommunications Device for the Deaf (TDD) Service. 3039 Contractor must always maintain the capability of responding to telephone calls in 3040 English, Spanish, Russian, and such other languages as City may direct. 3041 Contractor must always maintain the capability of responding to telephone calls 3042 through TDD Services.
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3043 19.5.2 Phone Number(s). Contractor’s service and emergency telephone 3044 numbers must be accessible by a local (City) phone number or toll-free number. 3045 The service telephone number(s) must be listed in the area’s telephone directories 3046 under Contractor’s name in the White Pages, available through an online search, 3047 and listed on the Contractor’s website.
3048 19.6 Service Recipient Calls. During business hours, Contractor must maintain a 3049 telephone answering system capable of accepting at least five (5) incoming calls at one 3050 time. Contractor must record all calls, including any inquiries, service requests, or 3051 complaints, into a customer service log.
3052 19.6.1 Hold Period. After a two (2) minute hold period, Customers will be 3053 provided with a “call back” option. The “call back” option shall be provided between 3054 9:00 a.m. and 5:00 p.m. and will identify the approximate wait time. If the Customer 3055 chooses this “call back” feature, they will be called back in their current order and 3056 placed at the front of the queue for the next available Customer Service 3057 Representative. For all messages left before 3:00 p.m., all “call backs” must be 3058 attempted a minimum of one time prior to 5:00 p.m. on the day of the call. For 3059 messages left after 3:00 p.m., all “call backs” must be attempted a minimum of one 3060 time prior to noon the next Business Day.
3061 19.7 Performance Standards. Contractor shall be expected to meet the following 3062 performance standards, which are also included in Exhibit 5, relative to Customer Service:
3063 19.7.1 Average Speed of Answer: Three (3) minutes or less 3064 19.7.2 Call Abandonment Rate: Below fifteen percent (15%) 3065 19.7.3 First Call Resolution Rate: Above ninety percent (90%) 3066 19.7.4 Initial Response to a Complaint: Within one (1) Business Day 3067 19.7.5 Resolution of a Complaint: Within three (3) Business Days 3068 19.7.6 Unachieved Performance Standards. Contractor shall report on the 3069 customer service performance standards in this Section 19.7 and in Exhibit 5 in 3070 accordance with the quarterly reporting requirements laid out in Section 23.4.2.1. 3071 If Contractor fails to meet the requirements of Section 19.7 in any given month, 3072 City and Contractor will meet and confer to discuss options for addressing 3073 inadequate service, including hiring additional CSRs. Penalties, as allowed for in 3074 Article 22 and listed in Exhibit 5, may be levied for Contractor’s failure to meet 3075 these customer service standards.
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3076 19.7.7 Directing Calls to the City. Contractor shall not direct Customer calls to 3077 the City for information or resolution. Should Service Recipient concerns escalate 3078 to such a level that may impact or concern the City, Contractor shall confer with 3079 Agreement Administrator to cooperatively arrive at a solution. 3080 19.8 Customer Phone Number and Email Addresses. Contractor shall record and 3081 catalog all Customer phone numbers and email addresses alongside Customer names 3082 and mailing addresses, such that Contractor can more easily and quickly send out 3083 updates and announcements as needed. Contractor shall cooperate with City to send out 3084 via phone, text or email any service-related updates and announcements City may deem 3085 necessary, and Contractor shall make a list of Customer names paired with each 3086 Customer’s known phone number(s) and email addresses(s) available to City upon 3087 request.
3088 19.9 Customer Information. Contractor shall not market, sell, convey, donate, or 3089 disclose to any person or entity any list with the names, addresses, phone numbers, or 3090 email addresses of Customers or information regarding the composition or content of 3091 Customers’ waste unless required by Applicable Law, the City, or a court of competent 3092 jurisdiction.
3093 19.10 Service Inquiries and Complaints. All service inquiries and complaints will be 3094 directed to Contractor. A representative of Contractor must be available to receive the 3095 complaints during normal business hours. All service complaints will be handled by 3096 Contractor in a prompt and efficient manner. All cases must be addressed and resolved 3097 within three (3) Workdays. In the case of a dispute between Contractor and a Service 3098 Recipient, the matter will be reviewed, and a decision made, by the Agreement 3099 Administrator. Reporting against the performance measure listed herein shall per reported 3100 on quarterly in accordance with Section 23.4.2.1.
3101 19.10.1 Record of Complaints. Contractor shall record in a separate log all 3102 Complaints, noting the name and address of Complainant, the date and time of 3103 Complaint, and the date of resolution of the Complaint. This Complaint log shall be 3104 retained by Contractor for seven (7) years. City shall reserve the right to examine 3105 and make copies of any portion of the Complaint log at any time. Customer service 3106 log must be submitted to the City on a quarterly basis in accordance with 23.4.2.8. 3107 19.10.2 Response to Complaints. Contractor shall respond to all Customer 3108 Complaints within one (1) Business Day.
3109 19.10.3 Complaint Escalation. Should a Customer have to call Contractor back 3110 more than once to have a Complaint resolved, Contractor shall escalate the 3111 Complaint and involve the CSR’s supervisor. Escalated complaints shall be 3112 resolved within two (2) Business Days.
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3113 19.10.4 Missed Collections. For those Complaints related to missed Collections, 3114 where Containers are properly set out in a timely manner, that are received by 3115 12:00 p.m. (noon) on a Business Day, Contractor will return to the Service Unit 3116 address and Collect the missed materials before leaving the Service Area for the 3117 day. For those Complaints related to missed Collections that are received after 3118 12:00 p.m. (noon) on a Business Day, Contractor will have until the end of the 3119 following Workday to resolve the Complaint. If operationally feasible, Contractor 3120 will resolve missed pickups that were reported on Fridays after 12:00 p.m. (noon) 3121 by Collecting missed materials with available Commercial route personnel or 3122 supervisory staff that is performing Collection service on the Saturday following the 3123 Friday missed pickup.
3124 19.10.4.1 Contractor agrees that it is in the best interest of City that all 3125 Garbage, Recyclable Materials, and Organic Waste be Collected on the 3126 scheduled Collection day. Accordingly, missed Collections will normally be 3127 Collected as set forth above regardless of the reason that the Collection 3128 was missed. However, in the event a Service Recipient requests missed 3129 Collection service more than two (2) times in any consecutive two (2) month 3130 period, the Agreement Administrator will work with Contractor to determine 3131 an appropriate resolution to that situation. In the event Contractor believes 3132 any complaint to be without merit, Contractor will notify the Agreement 3133 Administrator by email. The Agreement Administrator will investigate all 3134 disputed complaints and render a decision.
3135 Article 20. Diversion Requirements
3136 20.1 Warranties and Representations. Contractor warrants that it is aware of and 3137 familiar with City's waste stream, and that it has the ability, and shall use commercially 3138 reasonable efforts to provide and employ, sufficient programs and services to ensure City 3139 will meet or exceed City’s Diversion goals and requirements (including, without limitation, 3140 amounts of Solid Waste to be Diverted, timeframes for Diversion, and any other 3141 requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, 3142 and that Contractor will do so without imposing any costs or fees other than those set 3143 forth in Exhibit 1. Contractor hereby agrees to assist the City to meet or exceed, on an 3144 annual basis, the Diversion Compliance, by undertaking the actions set forth in Section 3145 20.3. Where the Diversion Compliance is modified by a Change in Law, Contractor agrees 3146 to develop and implement such actions, programs, and measures as are necessary to 3147 bring City into compliance with the modified Diversion Compliance, and City agrees that 3148 it will meet and confer with Contractor for a period not to exceed ninety (90) days 3149 regarding such actions, programs, and measures, their implementation, and adjustments 3150 to rates reasonably necessary to effectuate same in accordance with Section 28.2. 3151 Contactor understands and agrees that meeting or exceeding Diversion goals and 672
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3152 requirements is a fundamental purpose of this Agreement and that actions by Contractor, 3153 of failures to act, that frustrate this purpose would be a material breach of this Agreement. 3154 20.1.1 City’s Diversion Goals. The City's commitment to the Diversion of waste 3155 and to compliance with State law requires the establishment of programs for waste 3156 reduction, Diversion, Recycling, and salvaging residential, commercial, 3157 construction and demolition materials. Through this Agreement, the City has a goal 3158 to establish thirty-five percent (35%) Diversion in Agreement Year 1 and increase 3159 Diversion by nine percent (9%) over the course of the Term. 3160 20.2 Contractor’s Diversion Guarantee. Contractor shall fully implement the 3161 Sustainability and Compliance Plan (Exhibit 9), the Education and Outreach Plan (Exhibit 3162 10), and the Contamination Reduction Plan (Exhibit 11) in order to meet the Diversion 3163 Guarantee as follows.
3164 20.2.1 Agreement Year 1 shall be considered a transition year, and Contractor 3165 shall not be held responsible to meet a Diversion Guarantee, such that all efforts 3166 can be focused on implementing all programs associated with this Agreement. 3167 20.2.2 In Agreement Year 2, Contractor shall be responsible for Diverting from 3168 Disposal at least thirty-six percent (36%) of all materials the Contractor Collects 3169 from all services under the provisions of the Collection Agreement, starting July 1, 3170 2028.
3171 20.2.3 Thereafter, the diversion requirement shall increase annually by one 3172 percent (1%) through the remaining term of the Collection Agreement.
Agreement Year Term of Agreement Year Diversion Guarantee 1 July 1, 2027 – June 30, 2028 N/A
2 July 1, 2028 – June 30, 2029 36%
3 July 1, 2029 – June 30, 2030 37%
4 July 1, 2030 – June 30, 2031 38%
5 July 1, 2031 – June 30, 2032 39%
6 July 1, 2032 – June 30, 2033 40%
7 July 1, 2033 – June 30, 2034 41%
8 July 1, 2034 – June 30, 2035 42%
9 July 1, 2035 – June 30, 2036 43%
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10 July 1, 2036 – June 30, 2037 44%
3173 20.2.4 Extensions. Should the City and Contractor extend the Term of the 3174 Agreement as outlined in Section 2.2. the City and the Contractor shall reassess 3175 the Diversion Guarantee and mutually agree upon an updated Diversion 3176 Guarantee applicable to the extended Term.
3177 20.2.5 Diversion Guarantee Calculation. For purposes of determining if 3178 Contractor achieves Contractor’s Diversion Guarantee, the annual Diversion rate 3179 will be calculated using the following formula: "(the tons of materials collected by 3180 Contractor from the provision of Collection Services, both exclusive and non3181 exclusive, in City that are sold or delivered to a recycler or re-user, net of all 3182 Residue), divided by (the total tons of materials collected by Contractor from the 3183 provision of Collection Services in City, both exclusive and non-exclusive), 3184 illustrated as follows:
3185 (Tons of Recyclable Materials Collected, net of Residue) + 3186 (Tons of Organic Waste Collected, net of Residue) + 3187 (Tons of Construction and Demolition Debris Collected, net of Residue) + 3188 (Bulky Waste Collected, net of Residue)
3189 (Total tons of materials Collected by the Contractor) 3190 20.3 Contractor Required Actions. Contractor shall take all of the following actions to 3191 assist the City in meeting, on an annual basis, Diversion Compliance:
3192 20.3.1 Except for Organic Waste Collected from homeless encampments or 3193 material subject to quarantine by the California Department of Food & Agriculture, 3194 and except as provided in Section 5.5.4 and Section 5.12, Collect and deliver all 3195 Organic Waste to the Organic Waste Processing Facility for processing and 3196 Diversion.
3197 20.3.2 Except as provided in Section 5.5.4 and Section 5.12, Collect and deliver 3198 all Recyclable Materials to the Materials Recovery Facility for processing and 3199 Diversion.
3200 20.3.3 Except as provided in Section 5.5.4, Collect and deliver all Garbage to 3201 the Disposal Facility. All other material must go to the appropriate facility for full 3202 processing and Diversion.
3203 20.3.4 Collect and deliver all Construction and Demolition Debris to the 3204 Construction and Demolition Debris Processing Facility identified in Exhibit 8. 674
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3205 20.3.5 Contractor must take all commercially reasonable and lawful actions to 3206 maximize Diversion of materials from landfills.
3207 20.3.6 Contractor must develop and provide sufficient accurate information and 3208 data as necessary to ensure that Contractor and City annually demonstrate 3209 Diversion Compliance to CalRecycle.
3210 20.3.7 Contractor must implement public education and outreach programs as 3211 required under this Agreement.
3212 20.4 Annual Agreement Year Reporting. Contractor shall calculate the Diversion 3213 Compliance and Diversion Guarantee rates on an annual basis and shall deliver a written 3214 report regarding the same to the City no later than August 31st of the year following the 3215 reporting period as set forth in Section 23.5.2.10. Should Contractor fail to achieve the 3216 Diversion Guarantee, Contractor shall propose program enhancements, in accordance 3217 with Section 23.5.2.10.
3218 20.5 Failure of Recyclables Market. Notwithstanding any other provision of this 3219 Agreement to the contrary, where CalRecycle has determined that there are no 3220 commercially viable markets for a specific type of Recyclable Materials, or with written 3221 notice to City, Contractor is unable to identify a market for one or more Recyclable 3222 Materials despite the exercise of commercially reasonable efforts to process and market 3223 the material, and determines to Dispose of the Recyclable Material(s), such a 3224 determination shall not constitute a failure to implement service, a failure to implement a 3225 program, or an event of default hereunder.
3226 20.6 Failure to Meet Diversion Rate.
3227 20.6.1 CalRecycle Compliance. If CalRecycle determines that City has failed 3228 to meet the Diversion Compliance due to Contractor’s failure to undertake the 3229 actions described in this Section, Contractor must prepare, at Contractor’s cost 3230 and expense, and submit a corrective action plan to City sufficient to 3231 demonstrate Good Faith efforts by City to comply with Diversion Compliance and 3232 that is otherwise acceptable to CalRecycle. Contractor must also submit a written 3233 corrective action plan to the City before September 15 of the year following the 3234 missed minimum Diversion requirement. Contractor’s corrective action plan must 3235 specify all actions Contractor will take to ensure it will meet Diversion 3236 Compliance in the future and shall be subject to the review and approval by the 3237 Agreement Administrator. Contractor must implement all measures identified in 3238 the corrective action plan at its sole cost and expense, unless the failure to meet 3239 Diversion Compliance was due to a Change in Law or due to the negligent acts 3240 or omissions of the City. If Contractor fails to submit an adequate corrective 3241 action plan or to fully implement a City-approved corrective action plan, it shall 675
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3242 subject Contractor to Administrative Charges and Penalties as allowed under 3243 Article 29 and specified in Exhibit 5 in addition to any other remedies available to 3244 the City.
3245 20.6.2 Contractor’s Diversion Guarantee. Contractor has committed to 3246 fulfilling all obligations under this Agreement to achieve the Diversion Guarantee. 3247 Services, programs and terms under this Agreement that have been established 3248 to achieve the Diversion Guarantee include the following:
3249 Bundled SFD Service (Sections 9.1.2 and 9.1.3)
3250 Mandatory Service (Sections 1.69, 10.1.2, and 11.1.3) 3251 Contamination and Overage Program (Section 5.12) 3252 Reuse Protocol (Section 9.4.5 and 10.4.8)
3253 School Recycling Program (Section 14.1
3254 Contract staffing requirements (Section Article 18 3255 Technical Assistance (Section 21.4.1)
3256 Education and Outreach Materials (Section 21.4.2) 3257 20.6.2.1 Through ongoing reporting per Article 23, Contractor shall report 3258 on the status of Diversion Guarantee as well as all implementation 3259 measures associated with Diversion Guarantee, as listed in Section 20.6.2. 3260 Failure to fully implement the programs listed in Section 20.6.2 shall subject 3261 Contractor to Administrative Charges and Penalties as allowed under Article 3262 29 and specified in Exhibit 5.
3263 20.6.2.2 Should Annual Agreement Year Reporting show that the 3264 Contractor failed to achieve the Diversion Guarantee, Contractor shall 3265 propose targeted program enhancements to drive successful achievement 3266 of the Diversion Guarantee in the subsequent Agreement Year. Such 3267 enhancements shall be specific, measurable and transparent as they 3268 relate to the programs listed under Section 20.6.2, or other program areas 3269 that the Contractor believes can be modified to better drive diversion. All 3270 enhancements and program reconfigurations considered in this section 3271 shall fall within the scope of this Agreement, without incurring costs that 3272 would impact the Maximum Service Rates. Contractor shall not implement 3273 new Diversion programs not described in this Agreement without the City’s 3274 prior consent.
3275 20.6.2.3 Changes in Scope to Achieve Diversion Guarantee. If 3276 Contractor fails to achieve the Diversion Guarantee in any Agreement 676
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3277 Year or consecutive Agreement Years, City and/or Contractor may elect to 3278 propose a change in scope to achieve the Diversion Guarantee, per 3279 Section 20.9 and Section 28.1.
3280 20.6.2.4 Adjustment to Diversion Guarantee. If Contractor fails to 3281 achieve the Diversion Guarantee in three consecutive Agreement Years 3282 and the Contractor demonstrates that the shortfall is caused by conditions 3283 outside the Contractor’s reasonable control and the provisions of Sections 3284 20.6.2 and 20.6.2.2 have not resulted in any increase to the Contractor’s 3285 Diversion Guarantee, the parties shall meet and confer to establish a new 3286 Diversion Guarantee that is more reflective of current market realities. 3287 20.6.3 Contractor’s failure to meet the minimum diversion requirements of 3288 Contractor’s Diversion Guarantee set forth in Section 20.2 for two or more 3289 consecutive Agreement Years caused by conditions within the Contractor’s 3290 reasonable control may result in the denial of a Term extension (per Section 2.2). 3291 20.7 Mutual Cooperation. City and Contractor shall each reasonably cooperate in Good 3292 Faith with all efforts of the other Party to meet City's Diversion requirements under 3293 Applicable Law and the Contractor’s obligations under this Article. City's obligations in 3294 this regard shall include, without limitation, making such petitions and applications as may 3295 be reasonably requested by Contractor for time extensions in meeting Diversion goals, or 3296 other exceptions from the terms of Applicable Laws, and to agree to authorize such 3297 changes to Contractor’s Recyclable Materials, Organic Waste, or Garbage programs as 3298 may be reasonably requested by Contractor in order to achieve the minimum 3299 requirements of this Article.
3300 20.8 Contractor’s Diversion Programs. Contractor shall implement the Diversion 3301 programs required under this Agreement to ensure that City and Contractor comply with 3302 all Diversion requirements under Applicable Law and the City meets or exceeds all 3303 minimum Diversion requirements under Applicable Law. Contractor shall furthermore, at 3304 its sole cost and expense, (1) assist the City in responding to inquiries from, or prepare 3305 for and attend any hearing before, CalRecycle or any other regulatory agency relating to 3306 the City’s compliance with Applicable Law; prepare for and participate in CalRecycle’s 3307 review of the City's SRRE; apply for any extension available under Applicable Law; 3308 develop and implement a public awareness and education program consistent with the 3309 City's SRRE and Household Hazardous Waste Element and any related requirements of 3310 Applicable Law; (2) provide the City with Recycling, source reduction, and other technical 3311 assistance as may be needed to comply with Applicable Law; and (3) advise the City of 3312 additional programs or measures Contractor can, if authorized by the City, implement to 3313 increase compliance with the Diversion requirements of Applicable Law. 677
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3314 20.9 Nothing contained herein shall prohibit Contractor from meeting its Diversion 3315 requirements by any alternative methods or procedures, provided it complies with 3316 Applicable Law, as may be amended from time to time. Contractor’s ability to meet its 3317 Diversion requirements by alternative methods per this Section is subject to Agreement 3318 Administrator review and approval.
3319 Article 21. Sustainability, Outreach, and Compliance 3320 21.1 Sustainability/Compliance Representative. Contractor will hire staff, including at 3321 least one full-time Sustainability/Compliance Representative dedicated one hundred 3322 percent (100%) to this Agreement as of the Commencement Date, to conduct site visits 3323 and provide outreach and education in support of meeting City and CalRecycle Diversion 3324 requirements and to meet State mandates associated with Applicable Law and all 3325 amendments and related subsequent legislation. The Sustainability/Compliance 3326 Representative shall be available as needed to meet with the City and conduct site visits 3327 to implement Recyclable Materials and Organic Waste programs in the Service Area at 3328 least four days a week throughout the year, excluding vacations and Holidays as 3329 applicable.
3330 21.2 Adopted Plans to Support Diversion. Contractor shall provide services in 3331 accordance with the Sustainability and Compliance Plan (Exhibit 9), Education and 3332 Outreach Plan (Exhibit 10), and Contamination Reduction Plan (Exhibit 11). 3333 21.2.1 Annual Plan Updates. Contractor, at its own expense, must prepare, 3334 submit, and implement an annual (Agreement Year) update (“Plan Update”) for the 3335 following three plans: Sustainability and Compliance Plan (Exhibit 9), Education 3336 and Outreach Plan (Exhibit 10) and Contamination Reduction Plan (Exhibit 11). 3337 The Plan Update will guide Contractor’s related efforts for that Agreement Year. 3338 Contractor must submit the first draft Plan Update to the City prior to the 3339 Commencement Date and by May 1st each year thereafter for the Term of the 3340 Agreement. City shall review and provide revisions to draft Plan Update within 3341 thirty (30) days of receipt. City shall review, provide comments, and be given 3342 approval authority for all education and outreach materials. Contractor must revise 3343 and submit final Plan Update to City by June 15, 2027, for first year and then by 3344 June 15 each year thereafter for the Term of the Agreement. 3345 21.3 Sustainability and Compliance Plan. Contractor shall provide services in 3346 accordance with the Sustainability and Compliance Plan (Exhibit 9), updated annually 3347 according to the Plan Update. The Sustainability and Compliance Plan includes measures 3348 to meet Diversion targets, increased Diversion, and increased participation of Service 3349 Recipients in Recyclable Materials and Organic Waste Diversion programs. The following 3350 shall be included in the Sustainability and Compliance Plan and annual Plan Updates. 678
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3351 21.3.1 Facilitating City’s implementation of its Climate Action and Adaptation 3352 Plan (CAAP). Contractor must document how it will support the City’s goal of 3353 creating a waste-free city, including expanding Organic Waste Collection and 3354 Recyclable Materials Collection in the Commercial and MFD sectors, increasing 3355 Diversion per the Agreement, reducing unnecessary material consumption via 3356 outreach, and assisting in general with CAAP goals and actions. 3357 21.3.2 Tracking GHG Emissions. Contractor must document how it will track, 3358 monitor, and report on emissions per Section 14.2. The reporting of emissions and 3359 associated implementation plans shall be included in the annual reporting process 3360 laid out in Article 23.
3361 21.3.3 Reducing Fleet Impacts and Wear and Tear on Streets. Contractor shall 3362 detail: (i) optimization of routes, (ii) new or anticipated impacts related to City 3363 streets, (iii) ZEV fleet planning, and (iv) vehicle miles traveled to processing and 3364 disposal facilities, as well as any updates related to path of travel. 3365 21.3.4 Approach to Meeting City’s Diversion Requirements. Contractor must 3366 document approach to meeting City’s Diversion requirements by specific Diversion 3367 program type (SFD, MFD, Commercial, Recyclable Material, Organic Waste, Bulky 3368 Waste, etc.) and must be tied to both specific and public education programs. This 3369 must include an implementation schedule showing the specific programs and 3370 tasks, milestones, and timeframes for meeting the Diversion requirements. 3371 21.3.5 Compliance Reviews.
3372 21.3.5.1 General Requirement. At least once annually, beginning in 2027, 3373 Contractor shall review the records of its Commercial and MFD Customers 3374 in City according to the following subsections:
3375 21.3.5.2 AB 1826 Compliance - Customers that are subscribed 3376 for at least two (2) cubic yards per week of combined Solid Waste, 3377 Organic Materials, and Recyclables service: Review records to 3378 determine whether such Customers are subscribed to Organic 3379 Waste Collection service or have an applicable waiver. Contractor 3380 shall include the results of each Compliance Review as part of its 3381 Annual Calendar Year Report per Section 23.7.2.
3382 21.3.5.3 AB 341 Compliance - Customers that are subscribed 3383 to at least four (4) cubic yards per week of combined Solid Waste, 3384 Organic Materials, and Recyclables service: Review records to 3385 determine whether such Customers are subscribed to Recyclable 3386 Materials Collection service or have an applicable waiver. 679
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3387 Contractor shall include the results of each Compliance Review as 3388 part of its Annual Calendar Year Report per Section 23.7.2. 3389 21.3.5.4 Compliance Notices. Contractor shall send SB 1383, AB 341, and 3390 AB 1826 compliance notices annually to all eligible Commercial entities and 3391 MFDs that do not subscribe to Organic Waste and/or Recyclable Materials 3392 Collection Service with the Contractor and/or do not provide an alternate 3393 method for Diverting Organic Waste or Recyclable Materials, in 3394 conformance with Applicable Law. These notices shall also notify 3395 businesses of requirements under AB 827. Contractor shall mail 3396 notifications annually on or before the last day of February. 3397 21.3.5.5 Site Visit Requirement for Non-Compliance. Contractor shall 3398 conduct a site visit to each Commercial and MFD Customer in City that is 3399 determined to (a) not be enrolled in 3-Container Collection service, and (b) 3400 not be eligible for a waiver based on the City determination. Contractor shall 3401 conduct in-person site visits (i.e., direct Customer contact) to provide 3402 educational material about the law’s requirements to Commercial and MFD 3403 Customers, as further detailed in Section 21.4.1.1. Contractor shall support 3404 the Customer’s regulatory compliance through these site visits, and work 3405 collaboratively with the City to support the City’s enforcement as 3406 appropriate.
3407 21.3.6 Environmental Stewardship. Contractor must describe all environmental 3408 management policies and activities related to the Solid Waste Collection service, 3409 including adhering to the City's adopted Climate Action and Adaptation Plan, use 3410 of Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the 3411 City’s streets, use of recycled products throughout operations, internal waste 3412 reduction and reuse protocol, water and resource conservation activities within 3413 facilities (design, construction and operation), compliance with laws governing E3414 Waste, HHW, and U-Waste, and use of non-toxic products when possible. 3415 21.3.7 Employee Sustainability Practices. Contractor shall detail how it 3416 motivates its employees, including route personnel, around waste diversion, 3417 importance of proper sorting, and environmental stewardship. 3418 21.4 Education and Outreach Plan. Contractor shall provide services in accordance with 3419 the Education and Outreach Plan (Exhibit 10). The Education and Outreach Plan shall 3420 include specific steps designed to increase Diversion, increase participation in the 3421 Diversion programs available through this Agreement, and address “problem areas” such 3422 as Contamination. Planned outreach and education services and outreach materials 3423 should be included as part of the Plan Update and updated annually, and new outreach 3424 materials shall not be circulated to the public without City review and approval. Targets of 680
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3425 outreach shall be based on local trends, Recycling patterns, and Organic Waste sorting 3426 behavior from data obtained by both the City and Contractor. Contractor will maintain 3427 current and state-of-the-art public outreach and education services throughout the Term 3428 of this Agreement including providing outreach materials to Service Recipients 3429 electronically (via email and social media).
3430 21.4.1 Technical Assistance.
3431 21.4.1.1 Site Visits. Contractor shall provide comprehensive technical 3432 assistance to MFD and Commercial Customers with the primary purpose of 3433 helping Customers increase Recyclable Materials and Organic Waste 3434 Collection services and reducing Garbage Collection Service. All 3435 Commercial and MFD Customers in the City shall receive a site visit from 3436 Contractor to affirm proper sorting procedures and sizing of Containers at 3437 least once every five (5) years. Additional minimum site visits are detailed 3438 in the table in Section 21.4.1.3.
3439 Site visits shall include on-site assessments of the MFD and Commercial 3440 Premises to improve Recyclable Materials and Organic Waste Collection 3441 program participation and provide recommendations to Customers on how 3442 to improve overall resource efficiency. During the site visits, Contractor will 3443 be required to verify Garbage, Recyclable Materials and Organic Waste 3444 Containers onsite as compared to Contractor account records, check on the 3445 cleanliness and functionality of the Containers, verify accurate account 3446 contact information, recommend right-sizing for all Solid Waste service 3447 levels, identify Contamination, and conduct visual audit of indoor containers 3448 and sorting methodologies. Further, Contractor will be required to provide 3449 and/or restock posters, “how to” guides, and any other appropriate 3450 materials, and to provide new signage for the Garbage, Recyclable 3451 Materials and Organic Waste Containers if necessary. This program shall 3452 also involve preparation and presentation of reports to the City on the 3453 Contractor’s efforts and results of the technical assistance efforts, including 3454 entering site visit details and documentation into the City’s reporting 3455 software, in accordance with the City’s SB 1383 recordkeeping practices. 3456 21.4.1.2 Comprehensive Waste Analyses. In addition to the site visits, 3457 Contractor shall annually identify ten (10) Service Recipients that generate 3458 over 20 cubic yards of Garbage weekly to whom to provide in-depth support 3459 and guidance over the course of several weeks and/or months, as 3460 applicable. These in-depth analyses will involve greater ongoing support 3461 and an expectation of meaningful service level changes that result in 3462 increased Diversion and the Service Unit level. Detailed components of the 3463 comprehensive waste analyses are as follows:
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3464 Visual Waste Audit: Contractor will perform a visual review of all 3465 Containers at service location and identify approximate 3466 Contamination of each waste stream.
3467 Service Level Recommendations: Based on the visual waste audit, 3468 Contractor will suggest alternative service levels that would increase 3469 Diversion and help reduce Contamination. Contractor will involve 3470 appropriate operations staff as applicable to ensure service level 3471 changes are implementable and departmentally coordinated. 3472 Implementation: Contractor shall work with on-site staff to support 3473 access to internal sorting containers, affix signage to internal and 3474 external containers, educate employees, tenants, residents and/or 3475 janitorial staff, and make additional suggestions for the ongoing 3476 improvement of waste sorting. This work shall be performed over a 3477 series of site visits and other touch points with the Service Recipient. 3478 Memo Report: Contractor will develop a simple memo report 3479 identifying starting service levels, interventions and education 3480 implemented, and service level at the end of the technical 3481 assistance. Report will also note any significant successes or 3482 challenges encountered during the term of the technical assistance. 3483 Report will be provided to the Customer as well as the City, as noted 3484 in Section 23.5.2.5. Details and documentation shall also be entered 3485 into the City’s reporting software.
3486 21.4.1.3 Minimum Actions. The technical assistance services shall 3487 conform with the following performance expectations. Note that all site visits 3488 and waste analyses shall be done in person, not virtually.
Task Minimum Number of related actions
Total Standard Site Visits 200 annually
May be inclusive of:
• Contamination and Overage Site
Visits (Commercial and MFD Service
Recipients)
• New Commercial or MFD Account
Site Visits
• Compliance Review Site Visits
Shall not include:
• Comprehensive Waste Analyses
• Large Generators, Contamination and
Rejected Load Site Visits
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→ Contamination and Overage
Site Visits (Commercial and MFD
Service Recipients)
Site visits to the top five (5) violators each
month, as identified through Section 5.12.
→ New Commercial or MFD
Account Site Visits
Every new MFD or Commercial account,
within two weeks of establishing account,
Contractor shall provide City resources,
regulatory compliance information,
Collection Service features, sorting guide,
and Contractor contact information, as
detailed in Section 21.4.1.1.
→ Compliance Review Site Visits
(Section 21.3.5.5)
Each Commercial and MFD Customer in
City that is not enrolled in 3-Container
Collection service or have an applicable
waiver.
All Commercial and MFD
Customers, five (5) year
requirement
(Section 21.4.1.1)
Receive a site visit to affirm proper sorting
procedures and sizing of Containers at
least once every five (5) years.
(Any of the above visits contribute to this
five (5) year requirement)
Comprehensive Waste Analyses
(Section 21.4.1.2)
Ten (10) annually.
(Does not contribute to 200 annual site
visits)
Large Generators, Contamination
and Rejected Load Site visits
(Roll-Off, Section 13.4)
Five (5) C&D Roll-Off Container site visits
per month
(Does not contribute to 200 annual site
visits)
3489 21.4.2 Education and Outreach Materials. Contractor must implement public 3490 education and outreach in conformance with Applicable Law and in coordination 3491 with City. Contractor shall attend up to ten (10) public events and host booths to 3492 promote Recycling and Organic Waste education and awareness. This total of ten 3493 (10) public events does not include any events or related education provided in 3494 direct support of an MFD Service Unit. Contractor will work with City to identify 3495 which special events will be attended. Contractor, together with City, shall work 3496 with local media to ensure information on new programs, events, Recyclable 3497 Materials, Organic Waste, etc., is communicated to the community. Contractor 3498 shall use a variety of options, such as local paper, news, websites, and social 3499 media, as well as in-person visits to Homeowners Associations, schools, and civic 3500 groups to distribute information and education about City Solid Waste and 3501 Recyclable Materials programs and events. In terms of social media and websites, 3502 Contractor shall make their best effort to share information through platforms that 683
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3503 are commonly used and culturally relevant, including platforms that are known to 3504 reach younger populations and Spanish- and Russian-speaking populations. 3505 Examples may include, but are not limited to, Instagram, WhatsApp, NextDoor, 3506 and TikTok. All educational and outreach materials shall be available in English, 3507 Spanish, and Russian, and City may direct some or all materials to also be 3508 produced in other languages to be determined.
3509 21.4.2.1 Contractor shall not charge the City for the inclusion of 3510 educational or other materials included in the Contractor’s regular Customer 3511 billing invoices.
3512 21.4.2.2 Quarterly Newsletters. Contractor shall distribute educational 3513 material to SFD Service Recipients a minimum of once a Quarter by mail 3514 and electronically. These materials should include tips on Recycling 3515 properly, use of Organic Waste Containers, Composting, battery and 3516 electronics education, prevention of Contamination issues, proper 3517 Collection Container placement, resource information, HHW education, 3518 Clean-Up Collection Service, and other programs offered by the Contractor. 3519 Contractor shall also distribute these same educational materials to all MFD 3520 residents, provided that City provides Contractor with a list of contact 3521 information for these residents.
3522 21.4.2.3 Available Services Notice and Information. At least annually, 3523 Contractor must publish and distribute (by mail and electronically) a notice 3524 to all Service Units, as appropriate and applicable to Service Unit type, 3525 regarding the full range of services offered. The notice must be available in 3526 English, Spanish, and Russian, and must be distributed by Contractor no 3527 later than December 1st of each year. If the Service Recipient has separate 3528 billing and service location contact information, the notice shall be sent (by 3529 mail and electronically) to both contacts. The notice must contain, at a 3530 minimum, (i) descriptions of the materials to be Collected; (ii) procedures 3531 for setting out materials; (iii) the scheduled Collection days Garbage, 3532 Recyclable Materials, and Organic Waste Services (iv) Contractor’s 3533 customer service phone number; (v) instructions on the proper filling of 3534 Containers; (vi) instructions as to what materials may or may not be placed 3535 in Recyclable Materials or Organic Waste Containers; (vii) how to select 3536 Container sizes to maximize Diversion; (viii) information about participation 3537 in Recyclable Materials and Organic Waste programs; (ix) the fees for 3538 Overage and Contamination in the event of non-compliance; (x) the 3539 availability of on-premises Collection Services, including the availability of 3540 no-charge on-premises Solid Waste Collection for qualified persons with 3541 physical limitations; (xi) the availability of Bulky Waste Services; (xii) the 3542 availability of On-Call HHW Collection; and (xiii) the availability of Kitchen 684
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3543 Food Waste Pails or alternative internal sorting container made available by 3544 the Contractor.
3545 21.4.2.4 Annual Information. Contractor shall provide the following to all 3546 its Customers under the Agreement annually. Contractor shall also provide 3547 the following to all MFD Dwelling Units within MFD Service Units. 3548 Information on the Customer’s requirements to properly separate 3549 materials in appropriate Containers.
3550 Information on methods for: the prevention of Organic Materials 3551 generation, managing Organic Materials on-site, sending Organic 3552 Materials to community Composting, and any other local 3553 requirements regarding Organic Materials.
3554 Information regarding the methane reduction benefits of reducing the 3555 landfill Disposal of Organic Materials, and the methods of Organic 3556 Materials recovery contemplated by the Agreement.
3557 Information regarding how to recover Organic Materials. 3558 Information related to public health and safety, and environmental 3559 impacts associated with the landfill Disposal of Organic Materials. 3560 The above information will be provided, at a minimum, through print 3561 and/or electronic media, and may also be provided through 3562 workshops, meetings, and/or on-site visits. All information that SB 3563 1383 requires the City to distribute shall be posted on Contractor’s 3564 website.
3565 Contractor shall provide an educational webpage which includes 3566 downloadable copies of all the materials described in this Section. 3567 21.4.2.5 Outreach Regarding Recyclability of Materials. Contractor shall 3568 create, maintain and distribute at minimum one (1) piece of educational 3569 material that addresses:
3570 The foundational role that commodities markets and transportation 3571 costs play in current Recycling systems.
3572 The importance of keeping recyclables empty, clean, and dry. 3573 A list of materials that are accepted in Recyclable Materials 3574 Containers.
3575 21.4.2.6 Outreach Regarding Organic Waste. Contractor shall also create 3576 and maintain at minimum one (1) piece of educational material that 3577 addresses:
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3578 The Organic Waste stream standards of the local transfer and 3579 processing facilities that receive City Organic Waste. 3580 The related importance of keeping prohibited materials out of the 3581 City’s Organic Waste stream.
3582 The potential end uses of Compost depending on the material’s 3583 quality and levels of Contamination.
3584 21.4.3 City-Specific Website. Contractor shall maintain a City-specific website 3585 that fully explains the Contractor’s current services and rates and the Diversion 3586 options available, and that allows Service Recipients to submit service changes, 3587 inquiries, complaints, or queries. The website must describe and promote the use 3588 of the available Recyclable Materials and Organic Waste services. Contractor’s 3589 local website must provide information specific to the City’s programs. Contractor 3590 will ensure that information provided on the website is maintained and up to date, 3591 updating content at least quarterly. Content will include proper Container set out 3592 instructions, educational materials, newsletters, and program descriptions. 3593 Website content shall be in English with translations into Spanish and Russian 3594 and/or other languages to be determined. Contractor shall also make website 3595 contents accessible to people with disabilities, in accordance with U.S. Department 3596 of Justice RIN 1190-AA79, no later than April 26, 2028. 3597 21.4.3.1 In addition to the website, Contractor shall provide and maintain 3598 a mobile application (app) available on all major platforms. The app must 3599 include, at minimum, collection calendars, service scheduling, and secure 3600 payment options.
3601 21.4.4 Recycling and Organics Resources. Contractor shall maintain an 3602 accurate list of Recyclable Materials and Organic Waste on its website and 3603 promote proper Recycling and management of Organic Waste to all Service 3604 Recipients. Contractor shall consult, collaborate, and coordinate its Recycling and 3605 Diversion outreach and educational materials and activities with the City and 3606 incorporate the City’s input on the Contractor’s related resources and programs. 3607 21.4.5 News Media Relations. Contractor will work with local media to ensure 3608 information is communicated to community (new programs, events, Recycling 3609 information, etc.). Contractor to use options such as local newspaper, radio/TV 3610 news outlets, websites, electronic billboards and social media.. 3611 21.4.6 News Media Requests. Contractor will notify the Agreement 3612 Administrator by email or phone of all requests for news media interviews related 3613 to the services covered under this Agreement within one (1) Workday of 3614 Contractor’s receipt of the request. When practicable, before responding to any 686
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3615 inquiries involving controversial issues or any issues likely to affect participation or 3616 Service Recipient’s perception of services, Contractor will discuss Contractor’s 3617 proposed response with the Agreement Administrator. 3618 21.4.6.1 Copies of draft news releases or proposed trade journal articles 3619 that use the name of City or relate to the services provided hereunder must 3620 be submitted to the Agreement Administrator for prior review and approval 3621 at least five (5) Business Days in advance of release, except where 3622 Contractor is required by any Applicable Law to submit materials to any 3623 regulatory agency in a shorter period of time, in which case Contractor must 3624 submit such materials to City simultaneously with Contractor’s submittal to 3625 such regulatory agency.
3626 21.4.6.2 Copies of articles resulting from media interviews or news 3627 releases that use the name of City or relate to the services provided 3628 hereunder must be provided to the City within five (5) days after publication. 3629 21.4.7 Acceptable Materials Labeling. Contractor must affix to each Recyclable 3630 Materials and Organic Waste Collection Container a sticker that is compliant with 3631 SB 1383 labeling requirements and approved by the City, in accordance with 3632 Collection Container specifications in Exhibit 4. Each sticker shall clearly list 3633 Acceptable materials to be placed in the corresponding Container, and each sticker 3634 shall also include a QR code and/or web address that links to the Recycling 3635 education landing page within the Contractor’s City-specific website for the City. 3636 Stickers must be replaced when wear and tear inhibits clarity or cleanliness or 3637 upon change in the list of Acceptable materials (Exhibit 13). 3638 21.4.8 Programs and Services. Contractor must provide additional educational 3639 and outreach services and programs as requested by City. City has the right to 3640 procure the service of other vendors or contractors to provide the requested 3641 service.
3642 21.5 Contamination Reduction Plan. Contractor shall provide services in accordance 3643 with the Contamination Reduction Plan (Exhibit 11). The Contamination Reduction Plan 3644 shall include the following:
3645 21.5.1 Customer Education. Contractor shall outline what specific outreach and 3646 education efforts will be used to correct Contamination issues. This may include 3647 phone calls, site visits, text messages, app notifications, Cart/Bin tags, letters, etc. 3648 To the extent these materials are detailed within the Outreach and Education Plan, 3649 the Contamination Reduction Plan may merely reference those components and 3650 detail the process by which those resources will be utilized. 687
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3651 21.5.2 Bagged Recyclables and Organic Waste. Contractor shall build and 3652 implement a targeted program to correct Contamination relative to bagged 3653 Recyclable Materials and Organic Waste. Such program shall be hands-on and 3654 shall provide Customers the information and resources needed to improve sorting. 3655 Contractor shall work to swiftly fix any ongoing bagged Recyclable Materials or 3656 Organic Waste concerns, so that more Contractor capacity will be available to 3657 target other Contamination issues.
3658 21.5.2.1 City understands that for many Materials Recovery Facilities, 3659 bagged Recyclable Materials are a significant issue. While bagged 3660 Recyclables are a significant issue, bagged Recyclables shall not be the 3661 primary subject of the Contamination Reduction Plan beyond the targeted 3662 program described in this Section.
3663 21.5.3 Contamination Monitoring Plan. Contractor shall detail its method by 3664 which it will perform ongoing Contamination monitoring in such a manner that 3665 encourages proper sorting behavior, in compliance with Section 5.12. Contractor 3666 shall detail the role of technology as well as the role of personnel, including route 3667 personnel, customer service, sustainability, and any corporate support not directly 3668 associated with this Agreement (such as staff monitoring route photos/footage). 3669 21.5.4 Route Reviews.
3670 21.5.4.1 General Requirement. At least once annually, beginning in 2027, 3671 Contractor or its approved designee shall conduct a Route Review for each 3672 Hauler Route. The number of Containers to review per Hauler Route shall 3673 be calculated on the basis of the number of Garbage accounts provided 3674 service by a specific Hauler Route for one week. For example, “Route A” 3675 collects Garbage from 250 accounts, 4 days per week, for a total of 1,000 3676 accounts per week; include a minimum of 25 accounts for Route Review of 3677 “Route A”. For each Route Review of a Hauler Route, Contractor shall 3678 inspect at least the following minimum number of Containers but may 3679 inspect more if City deems necessary; and shall inspect all Containers 3680 placed for Collection (including Recyclable Materials Containers, Organic 3681 Waste Containers, and Garbage Containers). Each inspection shall involve 3682 lifting the Container lid and observing the contents but shall not require 3683 Contractor to disturb the contents or open any bags. Contractor may select 3684 the Containers to be inspected at random, or (if mutually agreed with City) 3685 by any other method not prohibited under the SB 1383 Regulations. For the 3686 avoidance of doubt, Contractor shall not be required to annually inspect 3687 every Container on a Hauler Route. Contractor shall include the results of 3688 each Route Review in its next regularly scheduled report to City. Reporting 688
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3689 related to this Section shall be provided in accordance with Section 3690 23.7.2.3.
Route Size (# garbage accounts / week) Minimum Number of Accounts Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
3691 21.5.4.2 Notice of Contamination. Contamination noticing will follow the 3692 procedures described in Section 5.12
3693 21.5.5 Positive Feedback. Contractor shall detail how it will utilize positive 3694 feedback and acknowledgement of proper sorting as a component of its 3695 Contamination Reduction Plan.
3696 RECORDKEEPING AND REPORTING
3697 Article 22. Minimum Performance Standards
3698 22.1 Billing Audit and Performance Reviews.
3699 22.1.1 Contractor Shall Review its Billings to all Customers. The purpose of the 3700 review is to determine that the amount which the Contractor is billing each 3701 Customer is correct regarding the level of service (i.e., frequency of Collection, 3702 size of Container, location of Container) at the Maximum Service Rates set forth in 3703 Exhibit 1. The Contractor shall review Customer accounts annually and provide a 3704 written certification to the City that all such billing is correct as part of the 3705 Agreement Year Reports detail in Section 23.5.2.4. The documentation of the 3706 review, as well as verification that any errors have been corrected, should be 3707 provided to the City annually.
3708 22.1.2 Billing Audit and Performance Reviews. City may conduct billing audit 3709 and performance reviews (together, “reviews”) of Contractor’s performance during 3710 the Term of this Agreement, as provided herein. City may conduct two (2) full 3711 reviews, with payment to City as stated in Section 22.1.2.1 below, during the Initial 3712 Term of this Agreement. The purpose of these full reviews will be as described in 3713 Section 22.1.2.2 below.
3714 22.1.2.1 Selection and Cost. The reviews will be performed by the City or 3715 a qualified firm under contract with the City. City will have the final 3716 responsibility for the selection of the firm. City may conduct reviews at any 689
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3717 time during the Term of the Agreement. Contractor shall pay the City’s costs 3718 for the performance review, up to $85,000 per review. The payment amount 3719 shall increase annually by the RRI Adjustment Calculation in Section 6.3. 3720 22.1.2.2 Purpose. The reviews will be designed to verify: that Customer 3721 billing rates have been properly calculated and correspond to the level of 3722 service received by the Customer, that Contractor is correctly billing for all 3723 services provided, that Franchise Fees and other fees required under this 3724 Agreement have been properly calculated and paid to City, that Contractor 3725 is in compliance with the reporting requirements and performance 3726 standards of this Agreement, the Diversion percentages reported by 3727 Contractor, and any other provisions of the Agreement. City (or its 3728 designated consultant) may utilize a variety of methods in the execution of 3729 this review, including, but not limited to, analysis of relevant documents, on3730 site and field observations, and interviews. City (or its designated 3731 consultant) will review and document the items in the Agreement that can 3732 be objectively evaluated, including those that require Contractor to meet 3733 specific performance standards, submit information or reports, perform 3734 additional services, or document operating procedures. This information will 3735 be documented and be formatted in a “compliance checklist”, with 3736 supporting documentation and findings tracked for each of the identified 3737 items. The review will specifically include a determination of Contractor’s 3738 compliance with the Diversion requirements of Article 20 and the public 3739 outreach and education requirements of Article 21. City (or its designated 3740 consultant) may review the Customer service functions and structure 3741 utilized by Contractor. This may include Contractor’s protocol for addressing 3742 Customer complaints and service interruption procedures. Complaint logs 3743 may be reviewed, along with procedures and systems for tracking and 3744 addressing complaints. On-site and field observations by City (or its 3745 designated consultant) may include, but are not necessarily limited to:
3746 Interviews and discussions with Contractor’s administration and 3747 management personnel.
3748 Review and observation of Contractor’s Customer service functions 3749 and structure.
3750 Review of public education and outreach materials. 3751 Interviews and discussions with Contractor’s financial and 3752 accounting personnel.
3753 Interviews with route dispatchers, field supervisors, and managers. 3754 Interviews with route drivers.
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3755 Interviews with vehicle maintenance staff and observation of 3756 maintenance practices.
3757 Review of on-route Collection Services, including observation of 3758 driver performance and Collection productivity and visual inspection 3759 of residential routes before and after Collection to evaluate cart 3760 placement and cleanliness of streets.
3761 22.1.2.3 Contractor’s Cooperation. Contractor shall cooperate fully with 3762 the review and provide all requested data, including operational data, 3763 financial data, and other data reasonably requested by City within fifteen 3764 (15) Workdays of the request. Failure to submit data by the due date may 3765 result in assessment of Administrative Charges and Penalties as specified 3766 in Exhibit 5.
3767 22.1.3 Additional Billing Audit and Performance Review. In the event that the 3768 Billing Audit and Performance Review concludes that Contractor is not in 3769 compliance with all terms and conditions of this Agreement and such non3770 compliance is material, Contractor is subject to Administrative Charges and 3771 Penalties as described in Exhibit 5 as well as reimbursement to the City for the full 3772 cost of the audit plus any underpayments discovered during the Audit. Additionally, 3773 City may conduct an Additional Billing Audit and Performance Review, beyond the 3774 two (2) specified in Section 22.1.2, to ensure that Contractor has cured any such 3775 area of non-compliance. Contractor will be responsible for the cost of any such 3776 Additional Billing Audit and Performance Review for a maximum cost of EightyFive Thousand Dollars ($85,000) (starting on July 1, 2028, and each January 1st 3777 3778 thereafter). For the purposes of a determination of non-compliance under this 3779 Agreement, Audit findings which result in underpayments of $100,000 (over any 3780 period of time during the Term) or more shall be deemed material. These payment 3781 amounts shall increase annually by the RRI Adjustment Calculation in Section 6.3. 3782 22.1.4 City Requested Program Review. City reserves the right to require 3783 Contractor to periodically conduct reviews of the Garbage, Recyclable Materials, 3784 and Organic Waste Collection Service programs, provided that such reviews are 3785 reasonable and can be accomplished at no additional cost to Contractor and 3786 without interfering with Contractor’s operations. Such reviews could assess one or 3787 more of the following performance indicators: average volume of Recyclable 3788 Materials per set-out per Customer, average volume of Organic Waste per set-out 3789 per Customer, participation level, Contamination levels, etc. Prior to the program 3790 evaluation review, City and Contractor will meet and discuss the purpose of the 3791 review and agree on the method, scope, and data to be provided by Contractor. 3792 Failure of Contractor to submit requested data or information to City within fifteen 3793 (15) Workdays of a request may result in assessment of Administrative Charges 3794 and Penalties as specified in Exhibit 5.
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3795 22.2 Cooperation with Other Program Reviews. Contractor shall cooperate with City 3796 and/or its agent(s) as reasonably requested to collect program data, perform field work, 3797 conduct route audits to investigate Customer participation levels and set-out volumes, 3798 and/or evaluate and monitor program results related to Garbage, Recyclable Materials, 3799 and Organic Waste Collected in City by Contractor, provided that such cooperation can 3800 be accomplished at no additional cost to Contractor and without interfering with 3801 Contractor’s operations. Failure of Contractor to submit requested data or information to 3802 City within fifteen (15) Workdays of a request may result in assessment of Administrative 3803 Charges and Penalties as specified in Exhibit 5.
3804 Article 23. Record Keeping and Reporting Requirements 3805 23.1 Record Keeping. Notwithstanding Article 24 herein:
3806 23.1.1 Accounting Records. Contractor must maintain full, complete, and 3807 separate financial, statistical, and accounting records pertaining to cash, billing, 3808 and provisions of all Collection Services, prepared on an accrual basis in 3809 accordance with generally accepted accounting principles. Such records will be 3810 subject to audit, copy, and inspection for the purposes set forth in Section 22.1.2.2. 3811 Gross Revenues derived from provision of the Collection Services, whether such 3812 services are performed by Contractor or by a subcontractor or subcontractors, will 3813 be recorded as revenues in the accounts of Contractor. The Contractor shall keep 3814 and preserve, during the Term of this Agreement, and for a period of not less than 3815 five (5) years following expiration or other termination hereof, full, complete, and 3816 accurate records, including all cash, billing, and disposal records, as indicated in 3817 the Agreement.
3818 23.1.1.1 City reserves the right to request audited, reviewed, or compiled 3819 financial statements prepared by an independent Certified Public 3820 Accountant, including any associated footnotes, or as may be provided by 3821 Contractor or its parent company. In the event that Contractor does not 3822 maintain separate financial or accounting records prepared specifically for 3823 services provided under this Agreement, Contractor may use industry 3824 standard allocation methods to provide financial information as applicable 3825 to the service provided under this Agreement. Failure of Contractor to 3826 provide requested financial statements to City within fifteen (15) Business 3827 Days of a request may result in assessment of Administrative Charges and 3828 Penalties as specified in Exhibit 5.
3829 23.1.2 Agreement Materials Records. Contractor must maintain records of the 3830 quantities of (i) SFD, MFD, Commercial and City Services Solid Waste Collected 3831 and Disposed under the terms of this Agreement, (ii) Recyclable Materials, by type, 3832 Collected, purchased, processed, sold, donated, or given for no compensation 692
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3833 under the terms of this Agreement, and (iii) Organic Waste by type, Collected, 3834 purchased, processed, sold, donated, or given for no compensation under the 3835 terms of this Agreement. Records must be provided to City as specified in Article 3836 24, and upon additional request.
3837 23.1.3 Customer Service Records. Records related to the following shall be 3838 maintained by Contractor for City, and reported in accordance with 23.4.2.1 and 3839 23.4.2.9:
3840 23.1.3.1 Number of calls;
3841 23.1.3.2 Average speed of answer (ASA);
3842 23.1.3.3 Categories (Missed Collection, Complaints, damage, etc.) of 3843 calls;
3844 23.1.3.4 Complaint log as described in Section 19.10.1; and, 3845 23.1.3.5 New Customer log.
3846 23.1.4 Other Records. Contractor must maintain all other records reasonably 3847 related to provision of Collection Services, whether or not specified in this 3848 Agreement, and provide them upon City request. Failure of Contractor to submit 3849 requested records to City within fifteen (15) Business Days of a request may result 3850 in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 3851 23.1.5 Failure to Report. The refusal of Contractor to file any of the reports 3852 required in the timelines required, or the inclusion of any materially false or 3853 misleading statement or representation made knowingly by Contractor in such 3854 report, shall be deemed a material breach of this Agreement and shall subject 3855 Contractor to all remedies, legal or equitable, which are available to City under this 3856 Agreement or otherwise.
3857 23.1.6 Report Format. All reports are to be submitted in a form and format 3858 approved by the City, including electronic data submission. 3859 23.1.7 Reporting Due Date. If a reporting due date as described in this Article 3860 falls on a day that City is closed or on a Holiday, then the report will be due on the 3861 next Business Day. Failure to submit complete reporting by the due date may result 3862 in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 3863 23.1.8 Reporting Software. Contractor shall use City’s reporting software upon 3864 request, as directed by the Agreement Administrator. 693
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3865 23.2 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make 3866 available stored vehicle GPS and on-board camera data for City’s review. 3867 23.3 Monthly Reporting.
3868 23.3.1 General. Monthly reports must be submitted no later than 5 p.m. Pacific 3869 Time (PT) on the last day of the month following the end of the reporting month, 3870 and must be provided electronically using software acceptable to the City. 3871 23.3.2 City Reports. Monthly reports to City must include:
3872 23.3.2.1 Listing of all Service Recipient accounts, including the following 3873 information:
3874 • Contact Information: Service Recipient name, service address, 3875 billing address, phone number, email address.
3876 • Service Subscription: Material stream (Garbage, Recyclable 3877 Materials, and Organic Waste) Container quantity, volume, and 3878 Collection frequency of pick-up, including scheduled service days 3879 and applicable service codes, total weekly volume by material 3880 type, account number, route number, permanent/temporary 3881 container, Service Unit type (SFD, MFD, COM, City), and MFD 3882 unit counts.
3883 23.3.2.2 MFD and Commercial Service Unit Access Concerns. Listing of 3884 all Collection location challenges, Service Recipient coordination, and 3885 resolutions per Section 10.1.9 and Section 11.1.9. 3886 23.3.2.3 Public Education, Outreach and Technical Assistance Activities. 3887 Contractor shall report on all public education, sustainability and 3888 compliance activities undertaken during the period, including but not limited 3889 to the following:
3890 Education and outreach conducted;
3891 Public event participation and community events hosted; 3892 Compliance notices mailed;
3893 Site visits and waste audits completed;
3894 Information distributed, and media used, including distribution of 3895 bill inserts;
3896 Non-Collection Notices distributed; and
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3897 Other technical assistance and public education activities 3898 related to the provision of Collection Services.
3899 23.4 Quarterly Reporting.
3900 23.4.1 General. Quarterly reports must be submitted no later than 5 p.m. Pacific 3901 Time (PT) on the last day of the month following the end of the reporting Quarter, 3902 and must be provided electronically using software acceptable to the City. 3903 23.4.2 City Reports. Quarterly reports to City must include:
3904 23.4.2.1 Performance Standards. A detailed accounting of each Quarter’s 3905 performance relative to the Performance Standards listed in Exhibit 5 for 3906 which Quarterly reporting is indicated.
3907 23.4.2.2 Agreement Tonnage. Contractor must provide Tonnage of 3908 Garbage, Recyclable Materials, Organic Waste, and Construction and 3909 Demolition Debris Collected and processed for Diversion, as well as 3910 associated net residue by waste stream, broken down by Container type. 3911 Quantities should be broken down by SFD, MFD, Commercial, and City 3912 Services.
3913 23.4.2.3 Collection and Subscription Data.
3914 • The number of SFD, MFD, Commercial, and City Service Unit 3915 accounts.
3916 • The number of Collection Containers distributed by size and 3917 Service Unit type.
3918 • The number of contracted Collections for that Quarter 3919 (Collections that were scheduled to take place), and number of 3920 actual Collections completed during that month (Collections that 3921 took place, not including non-collections or missed Collections). 3922 • The average participation rates by Quarter relative to the total 3923 number of Service Units by Service Unit type. Indicate the 3924 average daily number of setouts by route for both (i) Recyclable 3925 Materials Containers and (ii) Organic Waste Containers in terms 3926 of weekly set-out counts.
3927 23.4.2.4 Diversion Calculation and Data. To illustrate progress toward the 3928 Diversion Guarantee, which is assessed on an annual Agreement Year 695
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3929 basis, per Article 20 and reported per Section 23.5.2.10, Contractor must 3930 deliver to City, in the format specified by City, the Quarter’s Diversion rate, 3931 as calculated in accordance with the provisions of Article 20. Any tonnages 3932 Diverted and Disposed from large venues and events during the reporting 3933 period will be counted towards the calculated Diversion rate. 3934 23.4.2.5 Overweight Vehicle Reporting. The Quarterly report must include 3935 a summary total of all instances of overweight Collection Vehicles for the 3936 reporting Quarter. This summary must include the number of overweight 3937 vehicles, detailed by the amount overweight each in each instance. 3938 23.4.2.6 Non-Collection. The Quarterly report must include a list of all Non3939 Collection occurrences that took place during that Quarter. It must include 3940 the full list of Service Units that experienced Non-Collection, indicate the 3941 date of and reason for each Non-Collection incident, and indicate whether 3942 a Non-Collection Notice was issued, and in what format it was issued. 3943 23.4.2.7 Contamination Reporting. To the extent required by Applicable 3944 Law, the Quarterly report must include a summary of all instances of 3945 qualifying Contamination under the procedures in Section 5.12.5. This 3946 summary must include the following:
3947 The total number of accounts where Contamination occurred; 3948 The total number of Contamination Corrective Action Notices and 3949 Non-Collection Notices issued by Contractor to Service Recipients; 3950 A list of accounts that were issued Contamination Corrective Action 3951 Notices or Non-Collection Notices, including which type of notice was 3952 issued and through what methodology (cart tag, mail, email, text, 3953 etc.);
3954 Updated templates or sample for all communication collateral utilized 3955 for Contamination noticing, as applicable (Contamination Corrective 3956 Action Notices or Non-Collection Notices via cart tag, mail, email, 3957 text, etc.);
3958 The number of Containers in which the contents were Disposed due 3959 to observation of Contaminants; and
3960 A list of accounts that were charged Contamination fees, and a list of 3961 accounts where Collection Container size or Collection frequency 3962 was increased specifically due to Contamination.
3963 Further, within twenty (20) Business Days of request by City, 3964 Contractor will provide copies of the Contamination Corrective Action 696
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3965 Notices and Non-Collection Notices and the digital documentation of 3966 Contamination.
3967 Contractor shall also provide a summary of Contamination 3968 occurrences at City Facilities (despite inapplicability of Section 3969 5.12.5 to City Facility Service Units).
3970 23.4.2.8 Overage Reporting. The Quarterly report must include a 3971 summary of all instances of qualifying Overages under the procedures in 3972 Section 5.12.6. This summary must include the total number of accounts 3973 where Overage occurred, a list of accounts that were charged Overage 3974 fees, and a list of accounts where Collection Container size or Collection 3975 frequency was increased specifically due to Overage. Contractor shall also 3976 provide a summary of Overage occurrences at City Facilities (despite 3977 inapplicability of Section 5.12.6 to City Facility Service Units). 3978 23.4.2.9 Customer Service Log. A copy of the customer service log, per 3979 Section 19.10.1, including a summary of the type and number of complaints 3980 and their resolution, including the time, date and manner in which the 3981 complaint was resolved. Include copies of a written record of all calls related 3982 to missed Collections and resolution to such calls. 3983 23.4.2.10 SB 1383 Organics Collection Compliance. Reports to City on 3984 Customers discovered to be out of compliance with the SB 1383 3985 Regulations, including a list of the Customers, the type of violation (including 3986 not donating Edible Food, not providing Containers for Customer use, and 3987 other compliance violations), actions taken to educate those Customers, 3988 and contact information for those Customers. Such reports shall be 3989 provided Quarterly or as required by City.
3990 23.4.2.11 Stolen, Lost or Destroyed Container Replacements. A copy of the 3991 Quarterly log of Containers replaced due to being stolen or damaged 3992 beyond repair through the fault of the Contractor and through no fault of the 3993 Contractor, in accordance with Sections 5.8.4 and 5.8.5. 3994 23.4.2.12 Property Damage or Injury. Indicate instances of property 3995 damage or injury caused by Contractor to Service Recipients during the 3996 reporting Quarter.
3997 23.4.2.13 Details of Programs Utilized. The Quarterly report must include a 3998 list of all the waste Diversion and reduction programs, including On-Call 3999 HHW Collection, as well as other Solid Waste Collections programs, utilized 4000 by Service Recipients, with the number of residents per program indicated 697
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4001 when known. The program details shall include at least the following 4002 information for the reporting Quarter:
4003 Kitchen Food Waste Pails: The number of Kitchen Food Waste Pails 4004 distributed to residents within the Quarter.
4005 SFD Clean-Up Collection Service: (i) The number of SFD Clean-Up 4006 Collection Service provided, (ii) the number of Bulky Items Collected, 4007 (iii) the number of individual items Collected, (iv) the weight of all 4008 textiles Collected, and (v) the weights or quantities of Bulky Items, 4009 individual items, and textiles donated, Recycled or Disposed. 4010 MFD Bulky Waste Collection Service: (i) The number of Bulky Waste 4011 Collection Services performed, (ii) The number of Bulky Items 4012 Collected, and (iii) the weights of Bulky Items donated, Recycled or 4013 Disposed.
4014 On-Call HHW Collection: (i) The number of On-Call HHW Collection 4015 services provided, (ii) Service Recipient addresses for which the 4016 service was provided, (iii) Service Recipient addresses where 4017 service has been scheduled but not yet provided, and (iv) materials 4018 collected by type, quantified in both number and weight. 4019 Battery Collection: (i) The number of scheduled battery Collections, 4020 (ii) the number of batteries set out without first scheduling service, 4021 and (iii) total pounds of batteries Collected.
4022 23.5 Annual Agreement Year Reporting.
4023 23.5.1 General. An Annual Agreement Year report must be submitted no later than 5 p.m. Pacific Time (PT) on August 31, 2028, and each August 31st 4024 thereafter 4025 for the previous Agreement Year. Annual Agreement reports must be provided 4026 electronically using software acceptable to the City. 4027 23.5.2 City Reports. Annual Agreement Year reports to City must include:
4028 23.5.2.1 Financial Statements. Contractor must submit annual financial 4029 statements for the local operation. Statements need not be reviewed or 4030 audited statements.
4031 23.5.2.2 Annual Performance Bond Renewal. Contractor must provide 4032 evidence of Performance Bond renewal per Section 25.1.1.3. 4033 23.5.2.3 Service Route and Mapping Data. Contractor must provide an 4034 annual update to service route per Section 16.1.
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4035 23.5.2.4 Customer Account Review Certification. Contractor must provide 4036 an annual certification regarding the accuracy of its Customer Billings per 4037 Section 22.1.1.
4038 23.5.2.5 Annual Sustainability, Outreach, and Compliance Report. 4039 Contractor must complete and submit data sections within their 4040 Sustainability and Compliance Plan, Education and Outreach Plan, and 4041 Contamination Reduction Plan and according to the annual Plan Update 4042 detailed in Section 21.2.1. Contractor must also report on progress against 4043 the School Recycling Program. This report may be a standalone report 4044 provided by the designated subcontractor or may be incorporated into the 4045 Education and Outreach Plan Update if Contractor directly provides this 4046 service. The report shall document all progress against the Plan Update. To 4047 the extent this data is duplicative of data reported on monthly reports 4048 required per Section 23.3.2.3, this Annual Sustainability, Outreach and 4049 Compliance report may simply acknowledge the data already provided in 4050 said monthly reports. This annual report shall provide an overarching 4051 narrative not provided in the monthly reports to provide a general update 4052 relative to the successes and challenges relative to applicable programs 4053 during the prior Agreement Year. Comprehensive Waste Analyses Memo 4054 Reports detailed in Section 21.4.1.2 and GHG Emission reporting detailed 4055 in Section 21.3.2 shall be included as part of this report. 4056 23.5.2.6 Processing and Marketing Data. Contractor shall submit updates 4057 to Exhibit 13 based on Recyclable Materials processing, Organic Waste 4058 processing, facility acceptability changes, and/or marketing issues, or 4059 conditions, occurring during the previous Agreement Year. Should the 4060 change in acceptability of materials impact costs or ability to achieve 4061 Diversion Guarantee, City and Contractor shall meet and confer in 4062 accordance with Article 28.
4063 23.5.2.7 Customer Service Information Sheet. A copy of Contractor’s most 4064 recent Customer Service Information Sheet (i.e., customer call center 4065 “cheat sheet”) for the City or the equivalent information used by customer 4066 service representatives.
4067 23.5.2.8 Collection Container and Vehicle Inventory. An updated complete 4068 inventory of Collection Containers by type and size, and an updated 4069 complete inventory of Collection Vehicles, including for each vehicle: truck 4070 number, route number, date purchased, vehicle type, tare weight, license 4071 plate number, fuel type, vehicle make and model, and vehicle safety 4072 records.
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4073 23.5.2.9 Training Records. Contractor shall provide proof of training 4074 records for emergency procedures, Customer Service Courtesy, and how 4075 to recognize Illicit Discharges and stormwater pollution sources. 4076 23.5.2.10 Diversion Calculation and Data. Contractor must deliver to City, 4077 in the format specified by City, the Agreement Year’s Diversion rate, as 4078 calculated in accordance with the provisions of Article 20. Any tonnages 4079 Diverted and Disposed from large venues and events during the reporting 4080 period will be counted towards the calculated Diversion rate. Should 4081 Contractor fail to achieve the Diversion Guarantee, Contractor shall 4082 propose program enhancements, in accordance with Section 20.6.2.2. 4083 23.6 CalRecycle Reports and SB 1383 Implementation Record. Contractor will provide 4084 reasonable assistance to City in preparing annual reports to CalRecycle (the “Electronic 4085 Annual Report” or EAR), including but not limited to supplying required data for 4086 preparation of the reports, and completing all required data input. Contractor will similarly 4087 provide reasonable assistance to City in maintaining City’s SB 1383 Implementation 4088 Record.
4089 23.7 Annual Calendar Year Reporting.
4090 23.7.1 General. An annual Calendar Year report must be submitted no later 4091 than 5:00 p.m. PT on February 28, 2028, and each February 28th thereafter, for 4092 the previous Calendar Year. This annual Calendar Year report will support the City 4093 in preparing the CalRecycle EAR. Annual Calendar Year reports must be submitted 4094 electronically in software acceptable to the City. 4095 23.7.2 City Reports. Annual Calendar Year reports to City must include:
4096 23.7.2.1 MFD Declination of Programs. Contractor shall provide a list of 4097 any MFD Service Units that (i) decline to participate in at least one Bulky 4098 Item Collection Service during the course of the Calendar Year, and (ii) 4099 decline to participate in at least one On-Call HHW Service during the course 4100 of the Calendar Year.
4101 23.7.2.2 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 4102 must report the total number of Commercial and MFD Service Units 4103 serviced, as well as the number of Containers, Container sizes, and 4104 frequency of Collection for Garbage, Recyclable Materials, and Organic 4105 Waste for each non-exempt Commercial and MFD Service Unit. Contractor 4106 must also provide the following information separately for both AB 341 and 4107 AB 1826:
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4108 The total number of non-exempt Commercial and MFD Service 4109 Units that fall under the AB 341 or AB 1826 thresholds, and the 4110 total number of those non-exempt Commercial and MFD Service 4111 Units that are not subscribed to Commercial or MFD Recyclable 4112 Materials Collection Service or Commercial or MFD Organic 4113 Waste Collection Service.
4114 A summary of the type of follow-up outreach that was provided to 4115 those non-exempt Commercial and MFD Service Units that are 4116 not subscribed to Commercial or MFD Recyclable Materials 4117 Collection Service or Commercial or MFD Organic Waste 4118 Collection Service, as well as copies of applicable collateral 4119 distributed.
4120 23.7.2.3 For Route Reviews and Compliance Reviews:
4121 The date the review was conducted.
4122 The name and title of each person conducting the review. 4123 A list of the account names and addresses covered by the review. 4124 For Route Reviews, a description of each Hauler Route reviewed, 4125 and a general description of the Hauler Route area. 4126 For Route Reviews, the results of such review (i.e., the addresses 4127 where any Prohibited Container Contaminants were found) and 4128 any photographs taken.
4129 For Compliance Reviews, the results of such review (i.e., 4130 Contractor’s findings as to whether the Customers reviewed are 4131 subscribed for Organic Waste Collection service, have an 4132 applicable waiver, or neither) and any relevant evidence 4133 supporting such findings (e.g., account records).
4134 Copies of any educational materials issued pursuant to such 4135 reviews.
4136 23.7.2.4 Documentation relating to observed Prohibited Container 4137 Contaminants, whether observed during Route Reviews or otherwise:
4138 Copies of the form of each notice issued to Customers for 4139 Prohibited Container Contaminants, as well as, for each such 4140 form, a list of the Customers to which such notice was issued, the 4141 date of issuance, the Customer’s name and service address, and 4142 the reason for issuance (if the form is used for multiple reasons). 701
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4143 The number of times notices were issued to Customers for 4144 Prohibited Container Contaminants.
4145 The number of Containers where the contents were Disposed 4146 due to observation of Prohibited Container Contaminants. 4147 A description of the Contractor's process for determining the level 4148 of Container Contamination.
4149 23.7.3 In the event that CalRecycle requires City to report an Implementation 4150 Schedule and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, 4151 SB 1594, and/or other Applicable Laws, Contractor will provide assistance to City 4152 in preparing a report, including Contractor’s policies and procedures related to 4153 compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and 4154 how Recyclable Materials or Organic Waste are Collected; a description of the 4155 geographic area, routes, list of addresses served, and a method for tracking 4156 Contamination; copies of route audits, copies of notice of Contamination; copies 4157 of notices, violations, education, and enforcement actions issued; and copies of 4158 educational materials, flyers, brochures, newsletters, website, and social media. 4159 23.8 Additional Reporting. Contractor must furnish City with any additional reports as 4160 may reasonably be required, and such reports are to be prepared within a reasonable 4161 time following the reporting period.
4162 23.9 Monthly Meetings. Contractor shall coordinate extensively with the City to support 4163 meeting the City’s sustainability goals, complying with applicable regulations, and 4164 assuring staff of Contractor’s quality and delivery of service. As such, following the 4165 submittal of monthly reports per Section 23.3, the City and Contractor shall meet at the 4166 time and place as designated by the Agreement Administrator. The Contractor shall be 4167 prepared to report to the City on progress made toward sustainability, diversion and 4168 compliance, discuss problems or issues with Collection programs, discuss Billing or 4169 Service Recipient service issues, and provide updates regarding day-to-day operations. 4170 The City may request additional detail or narrative regarding the Contractor’s most 4171 recently submitted reports.
4172 Article 24. Contractor’s Records
4173 24.1 Contractor shall keep and preserve, during the Term of this Agreement, full, 4174 complete, and accurate financial and accounting records, pertaining to cash, billing, and 4175 disposal transactions for the franchise area, prepared on an accrual basis in accordance 4176 with generally accepted accounting principles and Section 23.1 of this Agreement. These 4177 records and reports are necessary for the City to properly administer and monitor the 4178 Agreement and to assist the City in meeting the requirements of the Act. The Contractor 4179 shall keep and preserve, during the Term of this Agreement, and for a period of not less 702
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4180 than five (5) years following expiration or other termination hereof or for any longer period 4181 required by law, full, complete, and accurate records as indicated in the Agreement. 4182 24.2 Any records or documents required to be maintained pursuant to this Agreement 4183 must be made available for inspection or audit at any time during regular business hours, 4184 upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 4185 Manager, or a designated representative of any of these officers. Copies of such 4186 documents will be provided to City electronically, available to City for inspection at the 4187 local Contractor office, or available to City for inspection at an alternate site if mutually 4188 agreed upon.
4189 24.2.1 Contractor acknowledges that City is legally obligated to comply with the 4190 California Public Records Act (“CPRA”). City acknowledges that Contractor may 4191 consider certain records, reports, or information contained therein (“Records”) 4192 which Contractor is required to provide to City under this Agreement to be of a 4193 proprietary or confidential nature. In such instances, Contractor will inform City in 4194 writing of which records are considered proprietary or confidential and shall identify 4195 the statutory exceptions to disclosure provided under the CPRA that legally permit 4196 non-disclosure of the Records. At such time as City receives a request for records 4197 under the CPRA or Federal Freedom of Information Act (“FOIA”), or a subpoena 4198 or other court order requesting disclosure of the Records, City will notify Contractor 4199 of the request, subpoena, or order and of City’s obligation and intent to provide a 4200 response within ten (10) calendar days. Contractor shall within five (5) calendar 4201 days either: (i) consent in writing to the disclosure of the Records; or (ii) seek and 4202 obtain, at Contractor’s sole cost and expense, the order of a court of competent 4203 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to 4204 respond within the timeframe stipulated, then City may proceed to disclose the 4205 Records, in which event Contractor agrees, waives, and releases City of any 4206 liability for the disclosure of the Records. In the event Contractor seeks a court 4207 order to stay or enjoin the disclosure of the Records, Contractor agrees to 4208 indemnify, defend, and hold harmless the City, its Council, elected and appointed 4209 board or commission members, officers, employees, volunteers, and agents 4210 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, 4211 forfeiture, claim, demand, action, proceeding, or suit in law or equity of any and 4212 every kind and description, whether judicial, quasi-judicial, or administrative in 4213 nature, arising or resulting from or in any way connected with the subject CPRA, 4214 FOIA request, or subpoena for the Records. This indemnity obligation shall survive 4215 the expiration or termination of this Agreement.
4216 24.3 Where City has reason to believe that such records or documents may be lost or 4217 discarded in the event of the dissolution, disbandment, or termination of Contractor’s 4218 business, City may, by written request or demand of any of the above-named officers, 4219 require that custody of the records be given to City and that the records and documents 703
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4220 be maintained in City Hall. Access to such records and documents will be granted to any 4221 party authorized by Contractor, Contractor’s representatives, or Contractor’s successor4222 in-interest. 4223 24.4 Failure to Keep and Preserve Records. The refusal of Contractor to keep and 4224 preserve any of the records required shall be deemed a material breach of this Agreement 4225 and shall subject Contractor to all remedies, legal or equitable, which are available to City 4226 under this Agreement or otherwise.
4227 INSURANCE, PERFORMANCE BOND & INDEMNITY
4228 Article 25. Performance Bond
4229 25.1 Performance Bond. Within ten (10) Business Days from the date the City Council 4230 approves this Agreement, Contractor must furnish to City, and keep current, a 4231 performance bond (hereinafter collectively “Performance Bond”), issued or drawn upon a 4232 surety, bank, or financial institution reasonably acceptable to City and in a form acceptable 4233 to the City Attorney, for the faithful performance of this Agreement and all obligations 4234 arising hereunder in an amount as follows:
4235 25.1.1 From July 1, 2027, and so long as this Agreement or any extension 4236 thereof remains in force, Contractor must maintain a performance bond in the 4237 amount of two million five hundred thousand dollars ($2,500,000). 4238 25.1.1.1 The performance bond must be executed by a surety company 4239 licensed to do business in the State of California; having an “A:VII" rating 4240 by A. M. Best or Standard and Poor’s; and included on the list of surety 4241 companies approved by the Treasurer of the United States. 4242 25.1.1.2 In the event City draws on the bond, all of City’s costs of collection 4243 and enforcement of the Bond, including reasonable attorney’s fees and 4244 costs, must be paid by Contractor.
4245 25.1.1.3 The Performance Bond must be renewed annually for the entire 4246 Term of the Agreement, and evidence must be provided to City annually as 4247 part of the Annual Agreement report, per Section 23.5.2.2. 4248 25.1.1.4 In the event Contractor shall for any reason (except as otherwise 4249 provided in this Agreement) become unable, or fail in any way, to perform 4250 as required by this Agreement, City may declare a portion or all of the 4251 Performance Bond, as may be necessary to recompense and make whole 4252 the City, forfeited to the City. Upon partial or full forfeiture of the Performance 4253 Bond, Contractor shall restore the Performance Bond to its original amount 704
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4254 within thirty (30) days of the City’s notice to do so. Failure to restore the 4255 Performance Bond to its full amount within thirty (30) days shall be a 4256 material breach of this Agreement, and shall subject Contractor to all 4257 remedies, legal or equitable, which are available to City under this 4258 Agreement or otherwise.
4259 Article 26. Insurance
4260 26.1 Insurance Policies. Contractor must secure and maintain, throughout the Term of 4261 this Agreement, insurance against claims for injuries to persons or damages to property 4262 which may arise from or in connection with Contractor’s performance of work or services 4263 under this Contract. Contractor’s performance of work or services includes performance 4264 by Contractor’s employees, agents, representatives, and subcontractors. 4265 26.2 Minimum Insurance Requirements.
4266 26.2.1 General Liability Insurance. Contractor shall maintain occurrence-based 4267 commercial general liability insurance with coverage at least as broad as Insurance 4268 Services Office Form CG 00 01, in an amount not less than $5,000,000 per 4269 occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 4270 property damage. The policy must include contractual liability that has not been 4271 amended. Any endorsement restricting standard ISO “insured contract” language 4272 will not be accepted.
4273 26.2.2 Automobile Liability Insurance. Contractor shall maintain occurrence4274 based automobile insurance at least as broad as Insurance Services Office Form 4275 CA 00 01, covering bodily injury and property damages for all activities of the 4276 Contractor arising out of or in connection with Work to be performed under this 4277 Agreement, including any owned, hired, non-owned, or rented vehicles, in an 4278 amount not less than $10,000,000 combined single limit for each accident. 4279 26.2.3 Workers’ Compensation and Employers Liability: Contractor shall obtain 4280 and maintain Workers’ Compensation insurance with limits as required by the 4281 California Labor Code, and Employers Liability insurance with limits of $1,000,000 4282 per accident. Contractor shall submit to City, along with the certificate of insurance, 4283 a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, 4284 employees, and volunteers.
4285 26.2.4 Environmental Pollution Liability: Pollution legal liability insurance 4286 coverage shall be occurrence-based in an amount no less than Twenty Million 4287 Dollars ($20,000,000) in the aggregate. Coverage shall be extended a minimum 4288 of three (3) years beyond the Term of the Agreement, and such insurance shall 705
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4289 contain all standard extensions customary for such policy and shall cover prior 4290 acts.
4291 26.2.5 Cyber Liability Insurance. Contractor shall maintain either an 4292 endorsement to its general liability policy, or a separate policy of insurance 4293 covering cyber liability. Said coverage shall be in the amount of not less than Five 4294 Million Dollars ($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) 4295 in the aggregate.
4296 26.3 Insurance Provisions/Requirements.
4297 26.3.1 Additional Insured Status. General liability, automobile liability, and 4298 umbrella/excess liability insurance policies shall provide or be endorsed to provide 4299 that City and its officers, officials, employees, agents, and volunteers shall be 4300 additional insureds under such policies.
4301 26.3.2 Requirements not limiting. Requirements of specific coverage features 4302 or limits contained in this Section are not intended as a limitation on coverage, 4303 limits, or other requirements, or a waiver of any coverage normally provided by any 4304 insurance. Specific reference to a given coverage feature is for purposes of 4305 clarification only as it pertains to a given issue and is not intended by any party or 4306 insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any 4307 type. If Contractor maintains higher limits than the minimum shown above, the City 4308 requires and shall be entitled to coverage for the higher limits maintained by the 4309 Contractor. Any available insurance proceeds in excess of the specified minimum 4310 limits of insurance and coverage shall be available to the City. 4311 26.3.3 Self-Insured Retentions. Any self-insured retentions must be declared to 4312 and approved by City. City reserves the right to require that self-insured retentions 4313 be eliminated, lowered, or replaced by a deductible, or require proof of ability to 4314 pay losses and related investigations, claim administration, and defense expenses 4315 within the retention through confirmation from the underwriter. 4316 26.3.4 Primary/Non-Contributing. Coverage provided by Contractor shall be 4317 primary, and any insurance or self-insurance procured or maintained by City shall 4318 not be required to contribute with it. The limits of insurance required herein may be 4319 satisfied by a combination of primary and umbrella or excess insurance. Any 4320 umbrella or excess insurance shall contain or be endorsed to contain a provision 4321 that such coverage shall also apply on a primary and non-contributory basis for the 4322 benefit of City before the City’s own insurance or self-insurance shall be called 4323 upon to protect it as a named insured.
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4324 26.3.5 Proof of Insurance. Contractor shall provide certificates of insurance and 4325 required endorsements to City as evidence of the insurance coverage required 4326 herein. Insurance certificates and endorsements must be approved by the City’s 4327 Risk Manager prior to commencement of performance. Current certification of 4328 insurance shall be kept on file with City for the Agreement period and any additional 4329 length of time required thereafter. City reserves the right to require complete, 4330 certified copies of all required insurance policies at any time. 4331 26.3.6 Duration of Coverage. Contractor shall procure and maintain for the 4332 Agreement period, and any additional length of time required thereafter, insurance 4333 against claims for injuries to persons or damages to property, or financial loss 4334 which may arise from or in connection with the performance of the Work hereunder 4335 by Contractor, their agents, representatives, employees, or subcontractors. 4336 26.3.7 City’s Rights of Enforcement. In the event any policy of insurance 4337 required under this Agreement does not comply with these specifications or is 4338 canceled and not replaced, City has the right but not the duty to obtain the 4339 insurance it deems necessary, and any premium paid by City will be promptly 4340 reimbursed by Contractor or City will withhold amounts sufficient to pay premium 4341 from Contractor payments. In the alternative, City may cancel this Agreement. 4342 26.3.8 Acceptable Insurers. All insurance policies shall be issued by an 4343 insurance company that is currently authorized by the Insurance Commissioner to 4344 transact business of insurance or that is on the List of Approved Surplus Line 4345 Insurers in the State of California, with an assigned policyholders’ Rating of A-VII 4346 and Financial Size Category Class VII (or larger) in accordance with the latest 4347 edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk 4348 Manager.
4349 26.3.9 Waiver of Subrogation. All insurance coverage maintained or procured 4350 pursuant to this agreement shall be endorsed to waive subrogation against City, 4351 its elected or appointed officers, agents, officials, employees, and volunteers, or 4352 shall specifically allow Contractor or others providing insurance evidence in 4353 compliance with these specifications to waive their right of recovery prior to a loss. 4354 Contractor hereby waives its own right of recovery against City and shall require 4355 similar written express waivers and insurance clauses from each of its 4356 subcontractors.
4357 26.3.10 Enforcement of Contract Provisions (Non-Estoppel). Contractor 4358 acknowledges and agrees that any actual or alleged failure on the part of the City 4359 to inform Contractor of non-compliance with any requirement imposes no 4360 additional obligations on the City, nor does it waive any rights hereunder. 707
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4361 26.3.11 Notice of Cancellation. Contractor agrees to require its insurance agent 4362 or broker and insurers to provide the City with a thirty (30) day notice of cancellation 4363 (except for nonpayment for which a ten (10) day notice is required) or nonrenewal 4364 of coverage for each required coverage. If any of the Contractor’s insurers are 4365 unwilling to provide such notice, then Contractor shall have the responsibility of 4366 notifying the City immediately in the event of Contractor’s failure to renew any of 4367 the required insurance coverages or in the event of insurer’s cancellation or non4368 renewal. 4369 26.3.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages 4370 required herein will be in compliance with these requirements if they include any 4371 limiting endorsement of any kind that has not been first submitted to City and 4372 approved of by the City in writing.
4373 26.3.13 Separation of Insureds. A severability of interests provision must apply 4374 for all additional insureds, ensuring that Contractor’s insurance shall apply 4375 separately to each insured against whom claim is made or suit is brought, except 4376 with respect to the insurer’s limits of liability. The policy(ies) shall not contain any 4377 cross-liability exclusions.
4378 26.3.14 Pass-Through Clause. Contractor agrees to ensure that its 4379 subconsultants, subcontractors, and any other parties who are brought onto or 4380 involved in the project/service by Contractor (hereinafter collectively 4381 “subcontractor”) provide the same minimum insurance coverage and 4382 endorsements required of Contractor. Contractor agrees to monitor and review all 4383 such coverage and assumes all responsibility for ensuring that such coverage is 4384 provided in conformity with the requirements of this Section. However, in the event 4385 Contractor’s subcontractor cannot comply with this requirement, proof of which 4386 must be submitted to the City, Contractor shall be required to ensure that its 4387 subcontractor provide and maintain insurance coverage and endorsements 4388 sufficient to the specific risk of exposure involved with subcontractor’s scope of 4389 work and services, with limits less than required of the Contractor, but in all other 4390 terms consistent with the Contractor’s requirements under this agreement. This 4391 provision does not relieve the Contractor of its contractual obligations under the 4392 agreement and/or limit its liability to the amount of insurance coverage provided by 4393 its subcontractors. This provision is intended solely to provide Contractor with the 4394 ability to utilize a subcontractor who may be otherwise qualified to perform the work 4395 or services but may not carry the same insurance limits as required of the 4396 Contractor under this agreement given the limited scope of work or services 4397 provided by the subcontractor. Contractor agrees that upon request, all 4398 agreements with subcontractors, and others engaged in the project, will be 4399 submitted to City for review.
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4400 26.3.15 City’s Rights to Revise Specifications. The City reserves the right at any 4401 time during the Term of the Agreement to change the amounts and types of 4402 insurance required by giving the Contractor ninety (90) days advance written notice 4403 of such change. If such change results in substantial additional cost to the 4404 Contractor, the City and Contractor may renegotiate Contractor’s compensation. 4405 26.3.16 Timely Notice of Claims. Contractor shall give City prompt and timely 4406 notice of claims made or suits instituted that arise out of or result from Contractor’s 4407 performance under this Agreement, and that involve or may involve coverage 4408 under any of the required liability policies.
4409 26.3.17 Additional Insurance. Contractor shall also procure and maintain, at its 4410 own cost and expense, any additional kinds of insurance, which in its own 4411 judgment may be necessary for its proper protection and prosecution of the Work. 4412 Proof of insurance must be emailed to the Agreement Administrator, and also mailed to 4413 the following address, or any subsequent address as may be directed by the City. 4414 City of West Sacramento
4415 Sustainability Manager
4416 1110 West Capitol Avenue
4417 West Sacramento, CA 95691
4418 26.4 Subcontractors. Contractor must include all subcontractors performing services in 4419 the City as insureds under its policies, or subcontractors must obtain separate certificates 4420 and endorsements.
4421 26.5 Modification of Insurance Requirements. The insurance requirements provided in 4422 this Agreement may be modified or waived by City’s risk manager, in writing, upon the 4423 request of Contractor, if City’s risk manager determines such modification or waiver is in 4424 the best interest of City, considering all relevant factors, including exposure to City. 4425 26.6 Rights of Subrogation. All required insurance policies must preclude any 4426 underwriter’s rights of recovery or subrogation against City with respect to matters related 4427 to Contractor’s performance of its obligations under this Agreement, with the express 4428 intention of the parties being that the required insurance coverage protects both parties 4429 as the primary coverage for any and all losses covered by the above-described insurance. 4430 Contractor must ensure that any companies issuing insurance to cover the requirements 4431 contained in this Agreement agree that they will have no recourse against City for 4432 payment or assessments in any form on any policy of insurance. The clauses ‘Other 4433 Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ 709
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4434 as it appears in any policy of insurance in which City is named as an additional insured 4435 will not apply to City.
4436 26.7 Failure to maintain insurance. Should Contractor fail to obtain or maintain 4437 insurance as required by this Agreement, Contractor shall have seven (7) days from the 4438 time Contractor is put on notice of the defect to cure the failure, during which time 4439 City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire 4440 replacement waste hauler services to perform Contractor’s tasks until insurance coverage 4441 is resumed; or (ii) obtain replacement insurance coverage during said cure period. Should 4442 Contractor fail to correct this defect, City shall have the option to terminate this Agreement 4443 immediately.
4444 Article 27. Hold Harmless and Indemnification
4445 27.1 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 4446 indemnify, defend with counsel approved by the City, and hold City, its elected and 4447 appointed officials, officers, agents, employees, and volunteers (collectively “City 4448 Indemnitees”) harmless from and against any and all of Contractor’s liabilities, including 4449 but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 4450 expenses, and/or costs (including without limitation reasonable legal counsel fees, expert 4451 fees, and all other costs and fees of litigation) of every nature arising out of, brought, or 4452 claimed against Contractor by, or otherwise owed by Contractor to, Contractor’s 4453 employees, Contractor’s contractors or subcontractors, or the owners of Contractor’s firm. 4454 27.2 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, 4455 defend with legal counsel approved by City, and hold harmless City Indemnitees from and 4456 against any and all liabilities, including but not limited to all claims, demands, lawsuits, 4457 judgments, damages, losses, injuries, expenses, and/or costs (including without limitation 4458 reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of 4459 every nature arising out of or in connection with Contractor’s performance of work 4460 hereunder or its failure to comply with any of its obligations contained in the Agreement, 4461 except to the extent such loss or damage is caused by the active negligence, willful 4462 misconduct, breach of the Agreement, or violation of law by City or City Indemnitees (any 4463 of the foregoing causes, “City Fault”). Should conflict of interest principles preclude a 4464 single legal counsel from representing both City and Contractor, or should City otherwise 4465 find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its 4466 costs of defense, including without limitation reasonable legal counsel fees, expert fees, 4467 and all other costs and fees of litigation. The Contractor shall promptly pay City any final 4468 judgment rendered against City (and its officers, officials, employees, and volunteers) with 4469 respect to any liabilities or claims covered by this Section. It is expressly understood and 4470 agreed that the foregoing provisions are intended to be as broad and inclusive as is 4471 permitted by the law of the State of California and will survive termination of this 4472 Agreement.
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4473 27.2.1 Contractor’s obligations under this Section apply regardless of whether 4474 or not such claim, charge, damage, demand, lawsuit, action, proceeding, loss, 4475 injury, stop notice, expense, cost, judgment, civil fine or penalty, or liability was 4476 caused in part or contributed to by a City Indemnitee. However, without affecting 4477 the rights of City under any other Section of this Agreement, Contractor shall not 4478 be required to indemnify and hold harmless any City Indemnitee for liability to the 4479 extent attributable to City Fault, provided such City Fault is determined by 4480 agreement between the parties or by findings of a court of competent jurisdiction. 4481 In instances where City Fault is established and where City Fault accounts for only 4482 a percentage of the liability involved, the obligation of the Contractor will be for that 4483 entire portion or percentage of liability not attributable to City Fault. 4484 27.3 Nonwaiver. City does not waive, nor shall be deemed to have waived, any 4485 indemnity, defense or hold harmless rights under this Section because of the acceptance 4486 by City, or the deposit with City, of any insurance certificates or policies described in Article 4487 26.
4488 27.4 Diversion Indemnification. Subject to the requirements of Public Resources Code 4489 Section 40059.1, which will control in the event of any conflict with the provisions of this 4490 Section, Contractor agrees to protect and defend City Indemnitees with counsel selected 4491 by Contractor and approved by City, to pay all attorneys’ fees, and to indemnify, defend, 4492 and hold City Indemnitees harmless from and against all fines or penalties imposed by 4493 the California Integrated Waste Management Board if the Diversion goals specified in 4494 California Public Resources Code Section 41780, as it may be amended, are not met by 4495 City with respect to the Materials Collected by Contractor and if the lack in meeting such 4496 goals is attributable to the failure of Contractor to implement and operate the Recycling 4497 or Diversion programs or undertake the related activities required by this Agreement. In 4498 the event CalRecycle provides an administrative process to challenge the imposition of a 4499 compliance order or a fine or fines, Contractor will be responsible for engaging any 4500 consultants or attorneys necessary to represent City in any challenge. Contractor will be 4501 responsible for the retention of and payment to any consultants engaged to perform waste 4502 generation studies (Diversion and Disposal). All consultants and attorneys engaged 4503 hereunder are subject to the agreement of City and Contractor. 4504 27.5 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend 4505 (with counsel reasonably approved by City), protect, and hold harmless the City 4506 Indemnitees from and against any and all claims of any kind whatsoever paid, suffered, 4507 or incurred by or against the City Indemnitees resulting from any repair, clean-up, removal 4508 action, or response action undertaken pursuant to CERCLA, the Health & Safety Code, 4509 or other similar Federal, State, or local law or regulation, with respect to Solid Waste or 4510 Household Hazardous Waste Collected and Disposed of by Contractor, except to the 4511 extent City Indemnitees or third parties caused the claims applicable herein The 4512 foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) 711
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4513 of CERCLA and Section 25364 of the Health & Safety Code to defend, protect, hold 4514 harmless, and indemnify the City Indemnitees from all forms of liability under CERCLA, 4515 the Health & Safety Code, or other similar Federal, State, or local law or regulation. 4516 27.6 Proposition 218 Release. City intends to comply with all Applicable Law concerning 4517 the Maximum Service Rates provided under this Agreement. Upon thorough analysis, the 4518 parties have made a Good Faith determination that the Maximum Service Rates for the 4519 Solid Waste Collection provided under this Agreement are not subject to California 4520 Constitution Articles XIIIC and XIIID because, among other reasons, such services are 4521 provided by a private corporation and not by City, Contractor independently establishes 4522 the rates for services within the limits established in this Agreement, the receipt of 4523 services is voluntary and not required of any property within City, and any owner or 4524 Service Recipient of property within City has the opportunity to avoid the services 4525 available under this Agreement either through Self-Hauling or use of property in such a 4526 manner that Solid Waste is not generated. Contractor understands and agrees that City 4527 may voluntarily elect to follow the requirements of California Constitution Article XIII D 4528 (Proposition 218) or other Applicable Law before approving any new or increased 4529 Maximum Service Rates. City shall not be in breach of this Agreement if its residents 4530 lawfully delay or prevent City from raising or imposing the Maximum Service Rates 4531 through the California Constitution Article XIII D or other applicable process. All costs 4532 incurred in providing notices required under California Constitution Article XIII D or other 4533 Applicable Law in connection with a rate adjustment shall be paid by the City, however, 4534 Contractor shall cooperate in the development and review of the notice as requested by 4535 the City. In the event that a third party challenges the Maximum Service Rates as being 4536 in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserts that 4537 the Maximum Service Rates are an invalid tax, assessment, or fee, Contractor agrees to 4538 waive, release, and hold harmless the City indemnitees from and against any and all 4539 claims Contractor may have against the City Indemnitees resulting therefrom, and to 4540 indemnify and defend City indemnitees, with legal counsel reasonably acceptable to City, 4541 from any third-party claim, suit, or other action, whether administrative, legal, or equitable, 4542 challenging the Maximum Service Rates authorized under this Agreement or as being in 4543 violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that 4544 the Maximum Service Rates are an invalid tax, assessment, or fee. This Section will 4545 survive the expiration or termination of this Agreement for claims arising prior to the 4546 expiration or termination of this Agreement.
4547 27.7 Employment & Labor Practices. Contractor shall indemnify, defend, and hold 4548 harmless City Indemnitees, from any and all liability, damages, claims, costs, and 4549 expenses of any nature to the extent arising from Contractor's personnel and labor 4550 practices, including failure to pay and comply with state or federal prevailing wage laws 4551 should such be applicable to Contractor’s personnel or labor practices or to one or more 4552 of the services it provides pursuant to the Agreement. All duties of Contractor under this 4553 paragraph shall survive termination of this Agreement. 712
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4554 27.8 Consideration. It is specifically understood and agreed that the consideration 4555 inuring to Contractor for the execution of this Agreement consists of the promises, 4556 payments, covenants, rights, and responsibilities contained in this Agreement. 4557 27.9 Obligation. This Agreement obligates Contractor to comply with the foregoing 4558 indemnification and release provisions; however, the collateral obligation of providing 4559 insurance must also be complied with as set forth in this Agreement. The provision of 4560 insurance and the coverage limits therein shall not in any way be a limitation on 4561 Contractor’s indemnification and defense obligations. 4562 27.10 Subcontractors. Contractor must require all subcontractors performing work in the 4563 City to enter into a contract containing the provisions set forth in Article 26, in which 4564 contract the subcontractor fully indemnifies City in accordance with this Agreement. 4565 27.11 Exception. Notwithstanding other provisions of this Agreement, Contractor’s 4566 obligation to indemnify, hold harmless, and defend City Indemnitees will not extend to any 4567 loss, liability, penalty, damage, action, or suit to the extent arising or resulting from City 4568 Fault.
4569 27.12 Damage by Contractor. If Contractor’s employees or subcontractors cause any 4570 injury, damage, or loss to City property, including but not limited to City streets or curbs, 4571 excluding normal wear and tear, Contractor must reimburse City for City’s cost of repairing 4572 or replacing such injury, damage, or loss. Such reimbursement is not in derogation of any 4573 right of City to be indemnified by Contractor for any such injury, damage, or loss. With the 4574 prior written approval of City, Contractor may repair the damage at Contractor’s sole cost 4575 and expense. Any injury, damage, or loss to private property caused by the negligent or 4576 willful acts or omissions of Contractor to private property must be repaired or replaced by 4577 Contractor at Contractor’s sole expense. Disputes between Contractor and its Service 4578 Recipients or private property owners as to damage to private property are civil matters, 4579 and complaints of damage will be referred to Contractor as a matter within its sole 4580 responsibility and as a matter within the scope of this Article. 4581 PERFORMANCE, DEFAULT & REMEDIES
4582 Article 28. Modifications to the Agreement
4583 28.1 City-Directed Change. City has the power to make changes in this Agreement to 4584 impose new rules and regulations on Contractor under this Agreement relative to the 4585 scope and methods of providing Collection Services, as may from time to time be 4586 necessary and desirable for the public welfare. The size of Collection Containers specified 4587 herein for Bundled Service and Minimum Mandatory Service are designed to meet the 4588 requirements of Applicable Law, inclusive of the State’s Recycling mandates, including 4589 AB 341, AB 1826, and SB 1383, and to be appropriate for the capabilities and capacities 713
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4590 of available Materials Recovery Facilities and Organic Waste Processing Facilities at the 4591 start of this Agreement. The capabilities and capacities of such facilities may change 4592 during the Term of this Agreement; as such, City reserves the right to redirect materials 4593 to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled 4594 Services and Minimum Mandatory Service in accordance with any such changes. City will 4595 give the Contractor notice of any proposed change, as well as an opportunity to be heard 4596 concerning those matters, and agrees to adjust Maximum Service Rates to reasonably 4597 reflect additional costs borne by Contractor. The scope and method of providing Solid 4598 Waste Collection as referenced herein will be liberally construed to include the 4599 procedures, operations, and obligations, financial or otherwise, of Contractor. When such 4600 modifications are made to this Agreement, City and Contractor will negotiate in Good 4601 Faith a reasonable and appropriate compensation adjustment for any increase or 4602 decrease in the services or other obligations required of Contractor due to any 4603 modification in the Agreement under this Article. City and Contractor will not unreasonably 4604 withhold agreement to such compensation adjustment. Should agreement between City 4605 and Contractor on compensation adjustment not be reached within six (6) months of the 4606 change request, or other period as agreed upon by both parties, City and Contractor 4607 agree to submit the compensation adjustment to binding arbitration as described in 4608 Section 28.3. Notwithstanding any other provision of this Agreement, Contractor shall not 4609 be required to implement any City-Directed change that is reasonably expected to 4610 increase Contractor’s costs unless and until the City has approved adjusted Maximum 4611 Service Rates in accordance with this Section.
4612 28.2 Change in Law. City and Contractor understand and agree that the California 4613 Legislature has the authority to make comprehensive changes in Solid Waste Handling 4614 legislation, and that these and other changes in Applicable Law in the future which 4615 mandate certain actions or programs for counties, municipalities, or Contractor may 4616 require changes or modifications in some of the terms, conditions, or obligations under 4617 this Agreement. Contractor agrees that the terms and provisions of the City Municipal 4618 Code, as it now exists or as it may be amended in the future (in a manner not inconsistent 4619 with this Agreement), will apply to all of the provisions of this Agreement and the Service 4620 Recipients of Contractor located within the Service Area. In the event any future change 4621 in Applicable Law, inclusive of any change in Federal, State, or local laws or regulations 4622 or the City Code that materially alters the obligations of Contractor, then Contractor shall 4623 be obligated to, and hereby agrees to, undertake such new or modified services or 4624 programs or take such other actions as may be necessary to comply with the Change in 4625 Law (“Modified Services”), provided that City and Contractor negotiate in Good Faith, and 4626 agree upon a reasonable and appropriate compensation adjustment for such Modified 4627 Services. City and Contractor will not unreasonably withhold agreement to such 4628 compensation adjustment. Should agreement between City and Contractor on 4629 compensation adjustment not be reached within six (6) months of the change request, or 4630 other period as agreed upon by both parties, City and Contractor agree to submit the 4631 compensation adjustment to binding arbitration as described in Section 28.3. Nothing 714
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4632 contained in this Agreement will require any party to perform any act or function contrary 4633 to Applicable Law.
4634 28.3 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty 4635 (20) days from the receipt of a request to arbitrate (or such longer period mutually agreed 4636 to by the parties), the parties are unable to agree on an arbitrator, then a single arbitrator 4637 shall be appointed pursuant to the Commercial Arbitration Rules of the American 4638 Arbitration Association, which shall govern any arbitration requested under this provision. 4639 Each Party shall bear its own costs and expenses of any arbitration. Each Party shall pay 4640 one-half of the costs of the arbitrator.
4641 Article 29. Quality of Performance of Contractor
4642 29.1 Intent. Contractor acknowledges and agrees that one of City’s primary goals in 4643 entering into this Agreement is to ensure that the Solid Waste Collection is of the highest 4644 caliber, that Service Recipient satisfaction remains at the highest level, that maximum 4645 Diversion levels are achieved, and that materials Collected are put to the highest and best 4646 use to the maximum extent possible.
4647 29.2 Administrative Charges and Penalties. Quality performance by the Contractor is of 4648 primary importance. In acknowledgement of this, Contractor agrees to pay City 4649 Administrative Charges and Penalties as detailed in Exhibit 5 should Contractor fail to 4650 meet its responsibilities under this Agreement. Contractor warrants that potential 4651 Administrative Charges and Penalties shall neither impact or be included in the Maximum 4652 Service Rates, and Contractor has set Maximum Service Rates with the expectation that 4653 the Contractor is capable of achieving all performance standards as included in Exhibit 5. 4654 Should Contractor be in breach of the requirements set forth in this Agreement, it is 4655 mutually understood and agreed that the public will necessarily suffer damages and that 4656 such damages, from the nature of the default in performance, will be extremely difficult 4657 and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 4658 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain 4659 the extent of damages which will be incurred by City as a result of a breach by Contractor 4660 of its obligations under this Agreement. The factors relating to the impracticability of 4661 ascertaining damages include, but are not limited to, the fact that: (i) substantial damage 4662 results to members of the public who are denied services or denied quality or reliable 4663 service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of 4664 the benefits of this Agreement to individual members of the general public for whose 4665 benefit this Agreement exists, in subjective ways and in varying degrees of intensity which 4666 are incapable of measurement in precise monetary terms; (iii) services might be available 4667 at substantially lower costs than alternative services, and the monetary loss resulting from 4668 denial of services or denial of quality or reliable services is impossible to calculate in 4669 precise monetary terms; and (iv) the termination of this Agreement for such breaches, 715
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4670 and other remedies are, at best, a means of future correction and not remedies which 4671 make the public whole for past breaches.
4672 29.3 Procedure for Review of Administrative Charges. The Agreement Administrator 4673 may assess Administrative Charges and Penalties as specified in Exhibit 5 pursuant to 4674 this Agreement on a Quarterly basis. Within twenty (20) Business Days following City 4675 receipt of Contractor’s Quarterly Report, the Agreement Administrator will issue a written 4676 notice to Contractor (“Notice of Assessment”), which may be transmitted via mail or email, 4677 of the Administrative Charges and Penalties assessed and the basis for each 4678 assessment.
4679 29.3.1 The assessment will become final, unless, within ten (10) Business Days 4680 of the date of the Notice of Assessment, Contractor provides a written request for 4681 a meeting with the City Manager to present evidence that the assessment should 4682 not be made.
4683 29.3.2 The Agreement Administrator will schedule a meeting between 4684 Contractor and the City Manager as soon as reasonably possible after timely 4685 receipt of Contractor’s request.
4686 29.3.3 The City Manager will review Contractor’s evidence and render a 4687 decision sustaining or reversing the Administrative Charges and Penalties as soon 4688 as reasonably possible after the meeting. Written notice of the decision will be 4689 provided to Contractor.
4690 29.3.4 In the event Contractor does not submit a written request for a meeting 4691 within ten (10) Business Days of the date of the Notice of Assessment, the 4692 Agreement Administrator’s determination will be final. 4693 29.3.5 City’s assessment or collection of Administrative Charges and Penalties 4694 will not prevent City from exercising any other right or remedy, including the right 4695 to terminate this Agreement, for Contractor’s failure to perform the work and 4696 services in the manner set forth in this Agreement. 4697 29.3.6 Payment Timing and Procedures. Contractor shall pay any 4698 Administrative Charges assessed by the City within fifteen (15) Business Days 4699 after the date the Administrative Charges are assessed. If they are not paid within 4700 the fifteen (15) Business Day period, the City may proceed against the 4701 performance bond required by the Agreement, treat the failure as a default under 4702 Article 30, or all of the above. All payments of Administrative Charges shall be 4703 remitted by Contractor check, bank draft or money order, payable to The City of 4704 West Sacramento and delivered to the address included in Article 45. 716
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4705 29.4 Uncontrollable Circumstances.
4706 29.4.1 If either Party is prevented from or delayed in performing its duties under 4707 this Agreement by circumstances beyond its control, whether or not foreseeable, 4708 including, without limitation, acts of terrorism, landslides, lightning, forest fires, 4709 storms, floods, severe weather, freezing, earthquakes, other natural or man-made 4710 disasters, the threat of such natural or man-made disasters, pandemics (or threat 4711 of same), quarantines, civil disturbances, acts of the public enemy, wars, 4712 blockades, public riots, strikes, lockouts or other labor disturbances, acts of 4713 government or governmental restraint, or other causes, whether of the kind 4714 enumerated or otherwise, that are not reasonably within the control of the affected 4715 Party, then the affected Party will be excused from performance hereunder during 4716 the period of such disability.
4717 29.4.2 The Party claiming excuse from performance must promptly notify the 4718 other Party when it learns of the existence of such cause, including the facts 4719 constituting such cause, and when such cause has terminated. 4720 29.4.3 The interruption or discontinuance of services by a Party caused by 4721 circumstances outside of its control will not constitute a default under this 4722 Agreement.
4723 Article 30. Default of Agreement
4724 30.1 Termination. City may cancel this Agreement, except as otherwise provided below 4725 in this Section, by giving Contractor thirty (30) calendar days advance written notice, to 4726 be served as provided in this Agreement, upon the happening of any one of the following 4727 events:
4728 30.1.1 Contractor takes the benefit of any present or future insolvency statute; 4729 makes a general assignment for the benefit of creditors; files a voluntary petition 4730 in bankruptcy (court); files a petition or answer seeking an arrangement for its 4731 reorganization or the readjustment of its indebtedness under the Federal 4732 bankruptcy laws or under any other law or statute of the United States or any State 4733 thereof; or consents to the appointment of a receiver, trustee or liquidator of all or 4734 substantially all of its property; or
4735 30.1.2 By order or decree of a court, Contractor is adjudged bankrupt or an 4736 order is made approving a petition filed by any of its creditors or by any of the 4737 stockholders of Contractor, seeking its reorganization or the readjustment of its 4738 indebtedness under the Federal bankruptcy laws or under any law or statute of the 4739 United States or of any State thereof, provided that if any such judgment or order 4740 is stayed or vacated within sixty (60) calendar days after the entry thereof, any 717
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4741 notice of default will be and become null, void, and of no effect, unless such stayed 4742 judgment or order is reinstated, in which case such default will be deemed 4743 immediate; or
4744 30.1.3 By, pursuant to, or under the authority of any legislative act, resolution, 4745 or rule or any order or decree of any court or governmental board, agency, or officer 4746 having jurisdiction, a receiver, trustee, or liquidator takes possession or control of 4747 all or substantially all of the property of Contractor, and such possession or control 4748 continues in effect for a period of sixty (60) calendar days; or 4749 30.1.4 Contractor has defaulted, by failing or refusing to pay in a timely manner 4750 undisputed Administrative Charges and Penalties or other undisputed amounts 4751 due to City under this Agreement, and such default is not cured within sixty (60) 4752 calendar days of receipt of written notice by City to do so; or 4753 30.1.5 Contractor has defaulted by allowing any final judgment for the payment 4754 of money owed to City to stand against it unsatisfied and such default is not cured 4755 within sixty (60) calendar days of receipt of written notice by City to do so; or 4756 30.1.6 In the event that the monies due City is the subject of a judicial 4757 proceeding, Contractor will not be in default if the sum of money is bonded. All 4758 bonds must be in the form acceptable to the City Attorney; or 4759 30.1.7 Contractor has defaulted, by failing or refusing to perform or observe 4760 any of the terms, conditions, or covenants in this Agreement, including, but not 4761 limited to, the maintenance of a performance bond in accordance with Article 25 or 4762 any of the rules and regulations promulgated by City pursuant thereto, or has 4763 wrongfully failed or refused to comply with the instructions of the Agreement 4764 Administrator relative thereto, and such default is not cured within sixty (60) 4765 calendar days of receipt of written notice by City to do so, or if by reason of the 4766 nature of such default, the same cannot be remedied within sixty (60) calendar 4767 days following receipt by Contractor of written demand from City to do so, 4768 Contractor fails to commence the remedy of such default within such sixty (60) 4769 calendar days following such written notice or having so commenced fails 4770 thereafter to continue with diligence the curing thereof (with Contractor having the 4771 burden of proof to demonstrate (a) that the default cannot be cured within sixty 4772 (60) calendar days, and (b) that it is proceeding with diligence to cure such default, 4773 and such default will be cured within a reasonable period of time). However, 4774 notwithstanding anything contained herein to the contrary, for the failure of 4775 Contractor to provide Solid Waste Collection for a period of three (3) consecutive 4776 Workdays, City may secure Contractor's records on the fourth (4th) Workday in 4777 order to provide interim Solid Waste Collection until such time as the matter is 4778 resolved and Contractor is again able to perform pursuant to this Agreement; 718
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4779 provided, however, if Contractor is unable for any reason or cause to resume 4780 performance at the end of sixty (60) calendar days, all liability of City under this 4781 Agreement to Contractor will cease and this Agreement may be terminated by City. 4782 30.2 Violations. Notwithstanding the foregoing and as supplemental and additional 4783 means of termination of this Agreement under this Article, in the event that Contractor's 4784 record of performance shows that Contractor has defaulted in the performance of any of 4785 the covenants and conditions required herein to be kept and performed by Contractor 4786 three (3) or more times in any twenty-four (24) month period, and regardless of whether 4787 the Contractor has corrected each individual condition of default, Contractor will be 4788 deemed a "habitual violator", will be deemed to have waived the right to any further notice 4789 or grace period to correct, and all such defaults will be considered cumulative and 4790 collectively will constitute a condition of irredeemable default. City may thereupon issue 4791 Contractor a final warning citing the circumstances under which Contractor has become 4792 a “habitual violator” pursuant to this Section, and any single default by Contractor of 4793 whatever nature, subsequent to the occurrence of the last of such cumulative defaults, 4794 will be grounds for immediate termination of the Agreement. In the event of any such 4795 subsequent default, City may terminate this Agreement upon giving of written final notice 4796 to Contractor, such cancellation to be effective upon the date specified in City's written 4797 notice to Contractor, and all contractual fees due hereunder plus any and all charges and 4798 interest will be payable to such date, and Contractor will have no further rights hereunder. 4799 Immediately upon the specified date in such final notice, Contractor must cease any 4800 further performance under this Agreement.
4801 30.3 Effective Date. In the event of any of the events specified above, and except as 4802 otherwise provided in such subsections, termination will be effective upon the date 4803 specified in City's written notice to Contractor, and upon such date this Agreement will be 4804 deemed immediately terminated and upon such termination, except for payment of 4805 services rendered up to and including the date of termination, all liability of City under this 4806 Agreement to Contractor will cease, and City will have the right to call the performance 4807 bond and will be free to negotiate with other contractors for the operation of interim and 4808 long-term Collection Services. Contractor must reimburse City for all direct and indirect 4809 costs of providing any interim Solid Waste Collection as a result of Contractor’s default in 4810 this Agreement.
4811 30.4 Termination Cumulative. City’s right to terminate this Agreement is cumulative to 4812 any other rights and remedies provided by law or by this Agreement. 4813 30.5 Alternative Service. Should Contractor, for any reason, except the occurrence or 4814 existence of any of the events or conditions set forth in Section 29.4 (Uncontrollable 4815 Circumstances), refuse or be unable for a period of more than forty-eight (48) hours to 4816 Collect a material portion or all of the Solid Waste which it is obligated under this 4817 Agreement to Collect, and as a result, Solid Waste should accumulate in City to such an 719
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4818 extent, in such a manner, or for such a time that the City Manager, in the reasonable 4819 exercise of the City Manager's discretion, should find that such accumulation endangers 4820 or menaces the public health, safety, or welfare, then City will have the freedom to 4821 contract with another Solid Waste enterprise to Collect any or all Solid Waste which 4822 Contractor is obligated to Collect pursuant to this Contract. City must provide twenty-four 4823 (24) hours prior written notice to Contractor during the period of such event, before 4824 contracting with another Solid Waste enterprise to Collect any or all Solid Waste that 4825 Contractor would otherwise Collect pursuant to this Agreement for the duration of the 4826 period during which Contractor is unable to provide such services. In such event, 4827 Contractor must undertake commercially reasonable efforts to identify sources from which 4828 such substitute Solid Waste services are immediately available and must reimburse City 4829 for all of its expenses for such substitute services during period in which Contractor is 4830 unable to provide Solid Waste Collection required by this Agreement. 4831 30.6 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 4832 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend, and hold 4833 City and City Indemnitees harmless as provided in this Agreement shall survive any 4834 termination of this Agreement. Notwithstanding the termination of this Agreement by 4835 Contractor or City, such act shall not automatically invalidate or cancel any insurance 4836 policy, letter of credit, performance bond, or similar instruments provided by Contractor 4837 under this Agreement, and such policies, letters of credit, performance bonds, and other 4838 instruments shall remain in full force and effect for one (1) full year after termination. 4839 Article 31. Transition to Next Contractor
4840 31.1 In the event Contractor is not awarded an extension or new contract to continue to 4841 provide Solid Waste Collection following the expiration or early termination of this 4842 Agreement, Contractor will cooperate fully and in good faith with City and any subsequent 4843 contractors to assure a smooth transition of services described in this Agreement. Such 4844 cooperation will include, but not be limited to, timely transfer of computer data, files, and 4845 tapes; timely providing routing information, route maps, vehicle fleet information, and list 4846 of Service Recipients; timely providing a complete inventory of all Collection Containers; 4847 timely providing adequate labor and equipment to complete performance of all Solid 4848 Waste Collection required under this Agreement; timely taking reasonable actions 4849 necessary to transfer ownership of Carts and Bins, as appropriate, to City, including 4850 transporting such Containers to a location designated by the Agreement Administrator; 4851 and timely coordinating Collection of Materials set out in new Containers if new 4852 Containers are provided for a subsequent Agreement and providing other reports and 4853 data required by this Agreement. As used herein, “timely” means Contractor acting 4854 promptly upon expiration or early termination of this Agreement to ensure that there is no 4855 disruption of service to Customers and no interruption of billing and collecting of payments 4856 for Collection Services.
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4857 OTHER AGREEMENTS OF THE PARTIES
4858 Article 32. Legal Representation
4859 32.1 Acknowledgement. It is acknowledged that each Party was, or had the opportunity 4860 to be, represented by counsel in the preparation of, and contributed equally to the terms 4861 and conditions of, this Agreement, and, accordingly, the rule that a contract will be 4862 interpreted strictly against the Party preparing the same will not apply, due to the joint 4863 contributions of both parties.
4864 Article 33. Conflict of Interest
4865 33.1 Financial Interest. Contractor is unaware of any City employee or official who has 4866 a financial interest in Contractor’s business. During the Term of this Agreement and/or as 4867 a result of being awarded this Agreement, Contractor shall not offer, encourage, or accept 4868 any financial interest in Contractor’s business by any City employee or official. 4869 Article 34. Exempt Waste
4870 34.1 Except as otherwise provided in Sections 9.5 and 10.5 regarding HHW, Contractor 4871 is not required to Collect or Dispose of Exempt Waste but may offer such services. All 4872 such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but 4873 if provided by Contractor must be in strict compliance with all Applicable Laws. 4874 Article 35. Independent Contractor
4875 35.1 In the performance of services pursuant to this Agreement, Contractor is an 4876 independent contractor and not an officer, agent, servant, or employee of City. Contractor 4877 will have exclusive control of the details of the services and work performed, and over all 4878 persons performing such services and work. Contractor is solely responsible for the acts 4879 and omissions of its officers, agents, employees, contractors, and subcontractors, if any. 4880 All employees, agents, contractors or subcontractors hired or retained by Contractor are 4881 employees, agents, contractors or subcontractors of Contractor and not of City. City shall 4882 not be obligated in any way to pay any wage claims or other claims made against 4883 Contractor by any such employees, agents, contractors or subcontractors, or any other 4884 person resulting from performance of this Agreement. In the event that Contractor or any 4885 employee, agent, or subcontractor of Contractor providing services under this Agreement 4886 claims or is determined by a court of competent jurisdiction or the California Public 4887 Employees Retirement System (PERS) to be eligible for enrollment in PERS as an 4888 employee of City, Contractor shall indemnify, defend, and hold harmless City for the 4889 payment of any employee and/or employer contributions for PERS benefits on behalf of 4890 Contractor or its employees, agents, or subcontractors, as well as for the payment of any 4891 penalties and interest on such contributions, which would otherwise be the responsibility 721
DRAFT 7/23/2026 Page 136
4892 of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or 4893 ordinance to the contrary, To the greatest extent permitted by law, Contractor and its 4894 employees, agents, and subcontractors shall not qualify for or become entitled to, and 4895 hereby agree to waive any claims to, any compensation, benefit, or any incident of 4896 employment by City, including but not limited to eligibility to enroll in PERS as an 4897 employee of City and entitlement to any contribution to be paid by City for employer 4898 contribution and/or employee contributions for PERS benefits. 4899 35.2 Subcontractors. Contractor will require all subcontractors performing work in the 4900 City to enter into a contract containing the provisions set forth in the preceding subsection, 4901 in which contract the subcontractor agrees that Contractor and subcontractor are 4902 independent contractors and have no other agency relationship with City. 4903 Article 36. Laws to Govern
4904 36.1 The laws of the State of California govern the rights, obligations, duties, and 4905 liabilities of City and Contractor under this Agreement, and govern the interpretation of 4906 this Agreement.
4907 Article 37. Consent to Jurisdiction
4908 37.1 The parties agree that any litigation between City and Contractor concerning or 4909 arising out of this Contract must be filed and maintained exclusively in the Superior Courts 4910 of Yolo County, State of California, or in the United States District Court for the Eastern 4911 District of California to the fullest extent permissible by law. Each Party consents to 4912 service of process in any manner authorized by California law. 4913 Article 38. Assignment
4914 38.1 No assignment of this Agreement or any right occurring under this Agreement may 4915 be made in whole or in part by Contractor without the express prior written consent of the 4916 City. City will have full discretion to approve or deny, with or without cause, any proposed 4917 or actual assignment by the Contractor. Any assignment of this Agreement made by 4918 Contractor without the express written consent of the City will be null and void and will be 4919 grounds for City to declare a default of this Agreement and immediately terminate this 4920 Agreement by giving written notice to Contractor, and upon the date of such notice this 4921 Agreement will be deemed immediately terminated, and upon such termination all liability 4922 of City under this Agreement to Contractor will cease, and City will have the right to call 4923 the performance bond and will be free to negotiate with other contractors for the services 4924 that are the subject of this Agreement. In the event of any assignment approved by City, 4925 the assignee must fully assume all the liabilities of Contractor by way of an assignment 4926 and assumption agreement. The sale, assignment, transfer, or other disposition, on a 4927 cumulative basis, of twenty-five percent (25%) or more of the ownership interest in 722
DRAFT 7/23/2026 Page 137
4928 Contractor or twenty-five percent (25%) or more of the voting control of Contractor 4929 (whether Contractor is a corporation, limited liability company, partnership, joint venture 4930 or otherwise) shall constitute an assignment for purposes of this Agreement, requiring 4931 prior written consent of the City. Further, the involvement of Contractor or its assets in any 4932 transaction or series of transactions (by way of merger, sale, acquisition, financing, 4933 transfer, leveraged buyout, or otherwise), whether or not a formal assignment of this 4934 Agreement, which reduces Contractor’s assets or net worth by twenty-five percent (25%) 4935 or more, shall also constitute an assignment for purposes of this Agreement, also 4936 requiring prior written consent of the City. Upon notification to the City of any proposed 4937 assignment, Contractor shall provide to the City a payment of one hundred fifty thousand 4938 dollars ($150,000) for the City to perform its due diligence related to the requested 4939 assignment.
4940 38.2 The use of a subcontractor to perform services under this Agreement will not 4941 constitute delegation of Contractor’s duties if Contractor has received prior written 4942 authorization from the Agreement Administrator to subcontract such services and the 4943 Agreement Administrator has approved a subcontractor who will perform such services. 4944 Contractor will be responsible for directing the work of Contractor’s subcontractors, and 4945 any compensation due or payable to Contractor’s subcontractor will be the sole 4946 responsibility of Contractor. The Agreement Administrator will have the right to require the 4947 removal of any approved subcontractor for reasonable cause. 4948 Article 39. Compliance with Laws
4949 39.1 In the performance of this Agreement, Contractor must comply with all Applicable 4950 Laws, including, without limitation, the West Sacramento Municipal Code. 4951 39.2 City shall provide written notice to Contractor of any planned amendment of the 4952 West Sacramento Municipal Code that would substantially affect the performance of 4953 Contractor’s services pursuant to this Agreement. Such notice must be provided at least 4954 thirty (30) calendar days prior to the City Council’s approval of such an amendment. 4955 Article 40. Permits and Licenses
4956 40.1 Contractor shall obtain, at its own expense, all permits and licenses required by 4957 law or ordinance, and shall maintain same in full force and effect throughout the Term of 4958 this Agreement. Contractor must provide proof of such permits, licenses, or approvals and 4959 must demonstrate compliance with the terms and conditions of such permits, licenses, 4960 and approvals upon the request of the Agreement Administrator. 4961 40.2 The Contractor must procure and maintain a valid City Business License 4962 throughout the Term of the Agreement.
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4963 Article 41. Ownership of Written Materials
4964 41.1 Contractor hereby grants City a non-exclusive license to all reports, documents, 4965 brochures, public education materials, and other similar written, printed, electronic, or 4966 photographic materials developed by Contractor at the request of City or as required 4967 under this Agreement and intended for public use, without limitation or restrictions on the 4968 use of such materials by City. Contractor may not use such materials that specifically 4969 reference City for other purposes without the prior written consent of the Agreement 4970 Administrator. This Article does not apply to ideas or concepts described in such materials 4971 and does not apply to the format of such materials. 4972 Article 42. Waiver
4973 42.1 Waiver by City or Contractor of any breach for violation of any term, covenant, or 4974 condition of this Agreement will not be deemed to be a waiver of any other term, covenant, 4975 or condition or any subsequent breach for violation of the same or of any other term, 4976 covenant, or condition. The subsequent acceptance by City of any fee, tax, or any other 4977 monies which may become due from Contractor to City will not be deemed to be a waiver 4978 by City of any breach for violation of any term, covenant, or condition of this Agreement. 4979 Article 43. Prohibition Against Gifts
4980 43.1 Contractor shall not offer any gifts to any elected official, appointed officer or 4981 employee of City, or any relative or spouse of such elected official, appointed officer or 4982 employee. For purposes of this Section, “gift” shall be defined as set forth in the 4983 Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code 4984 of Regulations.
4985 Article 44. Point of Contact
4986 44.1 The day-to-day dealings between Contractor and City will be between Contractor 4987 and the Agreement Administrator.
4988 Article 45. Notices
4989 45.1 Except as provided in this Agreement, whenever either Party desires to give notice 4990 to the other, it must be given by written notice addressed to the Party for whom it is 4991 intended, at the place last specified, and to the place for giving of notice in compliance 4992 with the provisions of this Section. For the present, the parties designate the following as 4993 the respective persons and places for giving of notice:
4994 As to the City:
4995 ________________
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4996 ________________
4997 ________________
4998 As to the Contractor:
4999 ________________
5000 ________________
5001 ________________
5002 45.2 Notices given by personal delivery shall be effective immediately. Notices given by 5003 mail shall be deemed to have been delivered forty-eight (48) hours after having been 5004 deposited in the United States mail. Changes in the respective address to which such 5005 notice is to be directed may be made by written notice. 5006 45.3 Notice by City to Contractor of a Collection or other Service Recipient problem or 5007 complaint may be given to Contractor orally by telephone at Contractor’s local office with 5008 confirmation sent to Contractor through the Customer Service System by the end of the 5009 Workday.
5010 MISCELLANEOUS AGREEMENTS
5011 Article 46. Nondiscrimination
5012 46.1 Nondiscrimination. In the performance of all work and services performed under 5013 this Agreement, Contractor shall not discriminate, nor permit any 5014 subcontractor to discriminate, against any person on account of race, color, national 5015 origin, ancestry, religion, sex, age, physical disability, medical condition, sexual 5016 orientation, marital status, or other characteristic, in violation of any applicable local, 5017 State, or Federal law or regulation regarding nondiscrimination, including those 5018 prohibiting discrimination in employment.
5019 Article 47. Entire Agreement
5020 47.1 This Agreement and the attached Exhibits constitute the entire Agreement and 5021 understanding between the parties, and the Agreement will not be considered modified, 5022 altered, changed, or amended in any respect unless in writing and signed by the parties. 5023 Article 48. Severability
5024 48.1 If any provision of this Agreement or the application of it to any person or situation 5025 is to any extent held invalid or unenforceable, the remainder of this Agreement and the 5026 application of such provisions to persons or situations other than those as to which it is 725
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5027 held invalid or unenforceable, will not be affected, will continue in full force and effect, and 5028 will be enforced to the fullest extent permitted by law. 5029 Article 49. Right to Require Performance
5030 49.1 The failure of City at any time to require performance by Contractor of any provision 5031 of this Agreement will in no way affect the right of City thereafter to enforce same. Nor will 5032 waiver by City of any breach of any provision of this Agreement be taken or held to be a 5033 waiver of any succeeding breach of such provision or as a waiver of any provision itself. 5034 Article 50. All Prior Agreements Superseded
5035 50.1 This Agreement incorporates and includes all prior negotiations, correspondence, 5036 conversations, agreements, and understandings applicable to the matters contained in 5037 this Agreement, and the parties agree that there are no commitments, agreements, or 5038 understandings concerning the subject matter of this Agreement that are not contained in 5039 this document. Accordingly, it is agreed that no deviation from the terms of this Agreement 5040 will be predicated upon any prior representations or agreements, whether oral or written. 5041 Article 51. Headings
5042 51.1 Headings in this document are for convenience of reference only and are not to be 5043 considered in any interpretation of this Agreement. 5044 Article 52. Exhibits
5045 52.1 Each Exhibit referred to in this Agreement forms an essential part of this 5046 Agreement. Each such Exhibit is a part of this Agreement, and each is incorporated by 5047 this reference. In the event of any conflicts between this Agreement and the Exhibits, then 5048 this Agreement shall take priority.
5049 Article 53. Attorney’s Fees
5050 53.1 If litigation is brought by a party in connection with this Agreement, the prevailing 5051 party will be entitled to recover from the opposing party all costs and expenses, including 5052 reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its 5053 rights or remedies under this Agreement or the enforcement of any of the terms, 5054 conditions, or provisions of this Agreement.
5055 Article 54. Representations and Warranties
5056 The Parties, by acceptance of this Agreement, represents and warrants the conditions 5057 presented in the Article, as of the date of Contractor’s signature hereon. 726
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5058 54.1 Corporate Status. The Contractor is a limited liability company duly organized, 5059 validly existing and in good standing under the laws of the State of Delaware. It is qualified 5060 to transact business in the State of California and has the power to own its properties and 5061 to carry on its business as now owned and operated and as required by this Agreement. 5062 54.2 Corporate Authorization. Contractor has the authority to enter this Agreement and 5063 perform its obligations under this Agreement. The Board of Directors of Contractor (or the 5064 shareholders, if necessary) has taken all actions required by law, its articles of 5065 incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. The 5066 person signing this Agreement on behalf of Contractor represents and warrants that they 5067 have the authority to do so. This Agreement constitutes the legal, valid, and binding 5068 obligation of the Contractor.
5069 54.3 Agreement Will Not Cause Breach. To the best of each Party's knowledge after 5070 responsible investigation, the execution or delivery of this Agreement or the performance 5071 of their respective obligations hereunder does not conflict with, violate, or result in a 5072 breach: (i) of any applicable law or governmental regulation; or (ii) any term or condition 5073 of any judgment, order, decree, of any court, administrative agency or other governmental 5074 authority, or any Agreement or instrument to which it is a party or by which it or any of its 5075 properties or assets are bound, or constitutes a default thereunder. 5076 54.4 No Litigation. To the best of each Party's knowledge after responsible investigation, 5077 there is no action, suit, proceeding or investigation, at law or in equity, any court or 5078 governmental authority, commission, board, agency or instrumentality, pending or 5079 threatened against it wherein an unfavorable decision, ruling or finding, in any single case 5080 or in the aggregate would:
5081 54.4.1 Materially adversely affect the performance by it of its obligations 5082 hereunder;
5083 54.4.2 Adversely affect the validity or enforceability of this Agreement; or 5084 54.4.3 Have a material adverse effect on the financial conditions of it, or any 5085 surety or entity guaranteeing its performance under this Agreement. 5086 54.5 No Adverse Judicial Decisions. To the best of each Party's knowledge after 5087 responsible investigation, there is no judicial decision that would prohibit this Agreement 5088 or subject this Agreement to legal challenge.
5089 54.6 No Legal Prohibition. To the best of each Party's knowledge after reasonable 5090 investigation, there is no Applicable Law in effect on the date it signed this Agreement that 5091 would prohibit its performance of its obligations under this Agreement and the 5092 transactions contemplated hereby.
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5093 54.7 Contractor’s Investigation. Contractor has made an independent investigation 5094 (satisfactory to it) of the conditions and circumstances surrounding the Agreement and 5095 the work to be performed hereunder. Contractor has taken such matters into 5096 consideration in entering this Agreement to provide services in exchange for the 5097 compensation provided for under the terms of this Agreement. 5098 STATEMENT OF COMMENCEMENT DATE, SIGNATURES
5099 Article 55. Commencement Date
5100 55.1 This Agreement will become effective when it is properly executed by City and 5101 Contractor, and Contractor will commence Solid Waste Collection under this Agreement 5102 as of July 1, 2027.
5103
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5104 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 5105 date(s) below each signature.
5106 CITY OF WEST SACRAMENTO CONTRACTOR
5107 A General Law City
5108 By: ________________________ By: ________________________ 5109
5110
5111 Title: _______________________ By: _____________________________ 5112 Chief Executive Officer
5113
5114 ATTEST: ____________________
5115 City Clerk
5116 APPROVED AS TO FORM
5117 City Attorney
5118
5119 By: _________________________
5120
729
Exhibit 1
Maximum Service Rates
[see subsequent pages]
DRAFT 7/23/26 145
730
Attachment 1
Proposer's Name:
Service Descriptions Billing Frequency 32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Bundled Cart Service
(Garbage, Recycling, Organic Waste) per month $32.70 $35.64 $52.02 Low-Income Cart Service
(Garbage, Recycling, Organic Waste) per month $26.16 $28.51 $41.61 Additional Garbage Cart each cart $23.86 $34.18 $46.10
Additional Recycling Cart each cart $13.40 $13.40 $13.40 Additional Organic Waste Cart each cart $23.86 $34.18 $46.10 Restart of Service (Auto-Resume Fee) per occurrence $56.55 $56.55 $56.55 Cart Delivery per occurrence $47.92 $47.92 $47.92
Cart Removal per occurrence $47.92 $47.92 $47.92
Cart Exchange per occurrence $47.92 $47.92 $47.92
Residential Cart Replacement Fee per occurrence $124.55 $124.55 $124.55 Single Family Bundled Bin Service 1/week
1-CY Bin per month $80.57
1.5-CY Bin per month $120.90
2-CY Bin per month $161.12
3-CY Bin per month $241.68
4-CY Bin per month $322.25
Additional Clean Up Service per Clean Up Service $86.25 Additional HHW pick up ( At Your Door ) per occurrence $229.99 Kitchen Pail Replacement per occurrence $10.00
SFD Other / Additional Services
Rate Schedule Effective 7/1/2027 (10-Year Term)
SFD Garbage (Garbage rate is a bundled rate that includes (1) 96-Gallon Recycling & (1) 64-Gallon Organic Waste) GreenWaste Recovery, LLC
Form J, Tab A: Single-Family Dwelling Maximum Service Rates TAB A SFD Rates
DRAFT 7/23/26
731
146
Attachment 1
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $32.58 $65.15 $97.73 $130.30 $162.88 $195.46 64-Gallon Cart $40.44 $80.89 $121.33 $161.78 $202.22 $242.67 96-Gallon Cart $51.61 $103.21 $154.82 $206.42 $258.03 $309.63 1-CY Bin $87.84 $175.67 $263.51 $351.35 $439.18 $527.02
1.5-CY Bin $131.81 $263.62 $395.43 $527.24 $659.05 $790.86 2-CY Bin $175.66 $351.32 $526.98 $702.64 $878.30 $1,053.96 3-CY Bin $263.50 $526.99 $790.49 $1,053.98 $1,317.48 $1,580.98 4-CY Bin $351.33 $702.67 $1,054.00 $1,405.33 $1,756.66 $2,108.00 6-CY Bin $526.99 $1,053.98 $1,580.98 $2,107.97 $2,634.96 $3,161.95 5 - 10 units (1 x 96 gal, or equivalent) Bundled
11 - 20 units (2 x 96 gal, or equivalent) Bundled
21 - 40 units (4 x 96 gal, or equivalent) Bundled
41 - 100 units (6 x 96 gal, or equivalent) Bundled
100 + units (8 x 96 gal, or equivalent) Bundled
32-Gallon Cart $13.35 $26.70 $40.05 $53.40 $66.75 $80.10 64-Gallon Cart $16.57 $33.15 $49.72 $66.30 $82.87 $99.45 96-Gallon Cart $21.15 $42.30 $63.45 $84.60 $105.74 $126.89 1-CY Bin $36.00 $71.99 $107.99 $143.99 $179.99 $215.98
1.5-CY Bin $54.02 $108.04 $162.06 $216.07 $270.09 $324.11 2-CY Bin $71.99 $143.98 $215.96 $287.95 $359.94 $431.93 3-CY Bin $107.99 $215.97 $323.96 $431.94 $539.93 $647.91 4-CY Bin $143.98 $287.96 $431.95 $575.93 $719.91 $863.89 6-CY Bin $215.97 $431.94 $647.91 $863.88 $1,079.85 $1,295.82 5 - 10 units (1 x 64 gal, or equivalent) Bundled
11 - 20 units (2 x 64 gal, or equivalent) Bundled
21 - 40 units (3 x 64 gal, or equivalent) Bundled
41 - 100 units (4 x 64 gal, or equivalent) Bundled
100 + units (5 x 64 gal, or equivalent) Bundled
20-Gallon Cart
32-Gallon Cart $13.35 $26.70 $40.05 $53.40 $66.75 $80.10 64-Gallon Cart $16.57 $33.15 $49.72 $66.30 $82.87 $99.45 96-Gallon Cart $21.15 $42.30 $63.45 $84.60 $105.74 $126.89 1-CY Bin $36.00 $71.99 $107.99 $143.99 $179.99 $215.98
1.5-CY Bin $54.02 $108.04 $162.06 $216.07 $270.09 $324.11 2-CY Bin $71.99 $143.98 $215.96 $287.95 $359.94 $431.93 3-CY Bin $107.99 $215.97 $323.96 $431.94 $539.93 $647.91 4-CY Bin $143.98 $287.96 $431.95 $575.93 $719.91 $863.89 6-CY Bin $215.97 $431.94 $647.91 $863.88 $1,079.85 $1,295.82 Additional Bulky Waste Collection Service per cubic yard / per large item $86.25
Additional HHW pick up ( At Your Door ) per occurrence $229.99 Kitchen Pail Replacement per occurrence $10.00
Multi-family Dwelling Organics (Additional Containers or Frequency) Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Recycling - Unit-Based. Standard Universal Service Multi-family Dwelling Recycling (Additional Containers or Frequency) Multi-family Dwelling Organics - Unit-Based. Standard Universal Service.
Rate Schedule Effective 7/1/2027 (10-Year Term)
Multi-Family Garbage (Garbage rate is bundled as a minimum service of 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste)
Service Descriptions
Collection Frequency
GreenWaste Recovery, LLC
Form J, Tab B: Multi-Family Dwelling Maximum Service Rates TAB B MFD Rates DRAFT 7/23/26
732
147
Attachment 1
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $32.57 $65.13 $97.70 $130.26 $162.83 $195.40 64-Gallon Cart $40.43 $80.86 $121.30 $161.73 $202.16 $242.59 96-Gallon Cart $51.59 $103.18 $154.77 $206.36 $257.95 $309.54 1-CY Bin $86.67 $173.33 $260.00 $346.67 $433.33 $520.00
1.5-CY Bin $129.99 $259.97 $389.96 $519.94 $649.93 $779.92 2-CY Bin $173.32 $346.64 $519.96 $693.28 $866.60 $1,039.92 3-CY Bin $259.99 $519.97 $779.96 $1,039.94 $1,299.93 $1,559.92 4-CY Bin $346.65 $693.31 $1,039.96 $1,386.61 $1,733.26 $2,079.92 6-CY Bin $433.31 $866.61 $1,299.92 $1,733.22 $2,166.53 $2,599.83 32-Gallon Cart $51.59 $103.18 n.a n.a n.a n.a
64-Gallon Cart $51.59 $103.18 n.a n.a n.a n.a
96-Gallon Cart $51.59 $103.18 n.a n.a n.a n.a
1-CY Bin $86.67 $173.33 $260.00 $346.67 $433.33 $520.00
1.5-CY Bin $129.99 $259.97 $389.96 $519.94 $649.93 $779.92 2-CY Bin $173.32 $346.64 $519.96 $693.28 $866.60 $1,039.92 3-CY Bin $259.99 $519.97 $779.96 $1,039.94 $1,299.93 $1,559.92 4-CY Bin $346.65 $693.31 $1,039.96 $1,386.61 $1,733.26 $2,079.92 6-CY Bin $433.31 $866.61 $1,299.92 $1,733.22 $2,166.53 $2,599.83 20-Gallon Cart $32.57 $65.13 $97.70 $130.26 $162.83 $195.40 32-Gallon Cart $32.57 $65.13 $97.70 $130.26 $162.83 $195.40 64-Gallon Cart $40.43 $80.86 $121.30 $161.73 $202.16 $242.59 96-Gallon Cart $51.59 $103.18 $154.77 $206.36 $257.95 $309.54 1-CY Bin $86.67 $173.33 $260.00 $346.67 $433.33 $520.00
1.5-CY Bin $129.99 $259.97 $389.96 $519.94 $649.93 $779.92 2-CY Bin $173.32 $346.64 $519.96 $693.28 $866.60 $1,039.92 32-Gallon Cart $32.57 $65.13 $97.70 $130.26 $162.83 $195.40 64-Gallon Cart $40.43 $80.86 $121.30 $161.73 $202.16 $242.59 96-Gallon Cart $51.59 $103.18 $154.77 $206.36 $257.95 $309.54 1-CY Bin $86.67 $173.33 $260.00 $346.67 $433.33 $520.00
1.5-CY Bin $129.99 $259.97 $389.96 $519.94 $649.93 $779.92 2-CY Bin $173.32 $346.64 $519.96 $693.28 $866.60 $1,039.92 3-CY Bin $259.99 $519.97 $779.96 $1,039.94 $1,299.93 $1,559.92 4-CY Bin $346.65 $693.31 $1,039.96 $1,386.61 $1,733.26 $2,079.92 6-CY Bin $433.31 $866.61 $1,299.92 $1,733.22 $2,166.53 $2,599.83 32-Gallon Cart $32.57 $65.13 $97.70 $130.26 $162.83 $195.40 64-Gallon Cart $40.43 $80.86 $121.30 $161.73 $202.16 $242.59 96-Gallon Cart $51.59 $103.18 $154.77 $206.36 $257.95 $309.54 1-CY Bin $86.67 $173.33 $260.00 $346.67 $433.33 $520.00
1.5-CY Bin $129.99 $259.97 $389.96 $519.94 $649.93 $779.92 2-CY Bin $173.32 $346.64 $519.96 $693.28 $866.60 $1,039.92 (insert additional service or containers w/ frequencyPer Occurrence N/A Commercial Other / Additional Services
Commercial Yard Waste Only (if applicable) (Non-Exclusive, but Maximum Rates will be approved for Contractor) Commercial Food Waste Only (if applicable) (Non-Exclusive, but Maximum Rates will be approved for Contractor) Commercial Recycling (Non-Exclusive, but Maximum Rates will be approved for Contractor) Commercial Organic Waste (Green Waste and Food Waste) (Non-Exclusive, but Maximum Rates will be approved for Contractor) Rate Schedule Effective 7/1/2027 (10-Year Term)
Commercial Garbage (Garbage rate is bundled as a minimum service of 1x/week collection of 96-Gallon Recycling and 64-Gallon Organic Waste)
Service Descriptions
Collection Frequency
GreenWaste Recovery, LLC
Form J, Tab C: Commercial Maximum Service Rates
TAB C Commercial and Ind Rates DRAFT 7/23/26
733
148
Attachment 1
(insert additional service or containers w/ frequencyPer Occurrence N/A (insert additional service or containers w/ frequencyPer Occurrence N/A TAB C Commercial and Ind Rates DRAFT 7/23/26
734
149
Attachment 1
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Push Rate - 20 feet $3.84 $7.67 $11.51 $15.35 $19.19 $23.02 Push Rate - 50 feet $9.59 $19.19 $28.78 $38.37 $47.96 $57.56 Push Rate - 75 feet $14.39 $28.78 $43.17 $57.56 $71.95 $86.33 Push Rate - 100 feet $19.19 $38.37 $57.56 $76.74 $95.93 $115.11 Service Descriptions Frequency Proposed Rate
Stinger / Scout Service Fee Per Occurrence $46.37
Locking Bin, Lock on Gate Monthly $11.36
Trip Charge/Dry Run Per Occurrence $46.37
Restart of Service (auto resume fee) Per Occurrence $56.55 Setup Fee Per Occurrence $56.55
Delivery Charge Per Occurrence $47.92
Delivery Charge Commercial Carts Per Occurrence $47.92
Removal Per Occurrence $47.92
Exchange Fee Per Occurrence $47.92
Recycling Contamination Fee (cart) Per Occurrence $28.74 Recycling Contamination Fee (bin) Per Occurrence $95.82 Organics Contamination Fee (cart) Per Occurrence $28.74 Organics Contamination Fee (bin) Per Occurrence $95.82
Overage Fee Per Occurrence $75.00
Emergency Services (Section 20.01) Per Hour $750.00
(insert additional service w/frequency) Per Occurrence
(insert additional service w/frequency) Per Occurrence
(insert additional service w/frequency) Per Occurrence
Push Rate (Monthly)
Other Services
Rate Schedule Effective 7/1/2027 (10-Year Term)
Service Descriptions
Collection Frequency
GreenWaste Recovery, LLC
Form J, Tab D: Additional Services Maximum Service Rates Revised Form K
TAB D Additional Rates DRAFT 7/23/26
735
150
Attachment 1
Proposer's Name:
Number Each Price/Unit Number Each Price/Unit Number Each Price/Unit Front End Loader - N/A 4.00 $495,384.00 - N/A
Automated Side Loader 12.00 $509,399.00 - N/A - N/A
Scout Truck - N/A - N/A - N/A
Other (Cable Truck): - N/A - N/A - N/A
20-Gallon Cart - N/A - N/A - N/A
32-Gallon Cart 3,302.00 $39.75 67.00 $119.25 - N/A
64-Gallon Cart 25,662.00 $44.75 160.00 $134.25 - N/A
96-Gallon Cart 16,042.00 $49.75 458.00 $149.25 - N/A
1-CY Bin - N/A 104.00 $1,849.38 - N/A
1.5-CY Bin - N/A 22.00 $1,810.32 - N/A
2-CY Bin - N/A 286.00 $2,332.20 - N/A
3-CY Bin - N/A 263.00 $2,625.27 - N/A
4-CY Bin - N/A 387.00 $2,933.61 - N/A
6-CY Bin - N/A 155.00 $2,653.50 - N/A
Number Each Price/Unit Number Each Price/Unit Number Each Price/Unit Other (Shop Setup): - $1,160,228.38 - $1,160,228.38 - N/A Other (Back Office / Training / Onboarding /
Outreach): - $237,836.77 - $237,836.77 - N/A
Total Anticipated Startup Capital Costs - $9,588,571.64 - $6,613,644.73 - N/A Other Capital Expenses
Expense Description
Residential Commercial Roll-Off
GreenWaste Recovery, LLC
Form J, Tab E: Startup Capital Costs
Startup Capital Expenses
Capital Expense Description
Residential Commercial Roll-Off
Revised Form K
TAB E Startup Capital Costs
DRAFT 7/23/26
736
151
Attachment 1
Proposer's Name:
Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
(insert additional service) Each Occurrence N/A
Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A (insert exception and how the proposed Maximum Service Rates would be affec Each Occurrence N/A Agreement Exceptions
Rate Schedule Effective 7/1/2027 (10-Year Term)
Service Alternatives
GreenWaste Recovery, LLC
Form J, Tab F: Proposal Service Alternatives and Agreement Exceptions TAB F Service Alternatives
DRAFT 7/23/26
737
152
Exhibit 2
Refuse Rate Index (RRI)
The Refuse Rate Index (RRI) Adjustment shall be calculated in the following manner:
• The Operating Costs of providing Collection Services in the Service Area shall be broken into the following three (3) RRI Categories:
o Disposal Fee
o Organic Materials Processing Fee
o All Other Operating Costs, which generally consist of:
Labor:
• All administrative, officer, operation and maintenance salary accounts.
• Payroll tax accounts directly related to the above salary accounts.
• All employee benefit accounts including health insurance costs, workmen's compensation premiums, and retirement
plan costs.
Fuel
Vehicle Replacement:
• All Collection and Collection related vehicle depreciation accounts.
• All vehicle lease or rental accounts related to Collection or Collection related vehicles.
Vehicle Maintenance:
Miscellaneous:
• All other expense accounts related to the services provided under this Contract. This category includes all insurance (except for those listed under "Labor" above), including general liability, fire, truck damage, extended coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; trade association dues and subscription; advertising; and miscellaneous other expenses.
DRAFT 7/23/26 153
738
• Each RRI Category is then assigned a weighted percentage equal to that RRI Category's proportionate share of the total of the Operating Costs as shown for all RRI Categories.
RRI
Category
Index Percentage Change
Disposal
Fee
The per-ton tip fee charged at the
Approved Disposal Site.
Variable based on annual disposal
fees compared to total annual
gross operating expense
Organic
Materials
Processing
Fee
The per-ton tip fee charged at the
Approved Organic Materials
Processing Site.
Variable based on annual organic
material processing fees compared
to total annual gross operating
expense
All Other
Operating
Costs
Consumer Price Index for All Urban
Consumers: Water Sewer and
Trash Collection Services in U.S.
City Average (CUSR0000SEHG)
Variable based on annual “Other
Operating” costs compared to total
annual gross operating expense
Percentage Change
For the “Disposal Fee'' and "Organic Materials Processing Fee" RRI Categories, the percentage change will be calculated using the change in the per-ton tip fees between the prior July 1st and the tip fee that will be effective on the upcoming July 1st rate adjustment date.
The Consumer Price Index for All Urban Consumers: Water Sewer and Trash Collection Services in U.S. City Average (CUSR0000SEHG) is used to calculate the percentage change for All Other Operating Costs. The percentage change is calculated between the two previous subsequent 12-month periods ending September 30th. The percentage change between the average values from October 2025 to September 2026 and the average values from October 2026 to September 2027, for example, will serve as the basis for the first adjustment to the All Other Operating Costs component effective July 1, 2028.
Percentage Weight
The percentage weight for each RRI Category is then multiplied by the percentage change in each RRI Category's appropriate index to calculate a weighted percentage change for each RRI Category. The weighted percentage changes for each RRI Category are then added together to calculate the RRI Adjustment percentage to be used for adjusting the City-Approved Maximum Service Rates.
DRAFT 7/23/26 154
739
Example Calculation
Percentage Change
RRI Category July 1, 2026 July 1, 2027
Disposal Fee $72.61 $76.24
Percent Change 5%
Organic Materials Processing Fee $86.71 $91.05
Percent Change 5%
RRI Category October 2025 - September
2026 Avg
October 2026 - September
2027 Avg
All Other Operating Costs 313.43 324.56
Percent Change 3.55%
Percentage Weight
RRI Category Costs % of Total
Disposal Fee $2.25 million 15%
Organic Materials Processing Fee $2.25 million 15%
All Other Operating Costs $9 million 70%
$15 million 100%
Refuse Rate Index (RRI) Adjustment
RRI Category % Change Weight Weighted %
Change
Disposal Fee 2.35% 15% 0.35
Organic Materials
Processing Fee
2.35% 15% 0.35
All Other Operating Costs 3.55% 70% 2.485
Total Adjustment 3.185%
DRAFT 7/23/26 155
740
Exhibit 3
List of City Facilities and Service Levels
Address Garbage Recycling Organics
905 Fremont Blvd - Fire Dept. 96-gal 96-gal 96-gal
3585 Jefferson Blvd - Fire Dept. 2-96-gal 2-96-gal 32-gal 132 15th St. 2-yard 1x/wk 3 yard 1x/wk, &
96-gal cart 2x 96-gal
205 Stone Blvd- Sam Combs Park
Club (seasonal services) 64-gal 64-gal 96-gal
550 Jefferson Blvd – Police Station 3x 4-yard 1x/wk 2-yard 2x/wk 2-yard 1x/wk Memorial Park 3-yard 2x/wk 2-yard 1x/wk 0
1561 Harbor Blvd - Fire Dept. 3-yard 1x/wk 2-yard 1x/wk 32-gal 1110 W Capitol Ave - City Hall 4-yard 2x/wk 2x 4-yard 1x/wk 2 – 64-gal 1125 Riverbank Rd 1.5-yard 1x/wk 1-yard 1x/wk service to be assigned
1075 W Capitol Ave 2x 4-yard 1x/wk 2x 4-yard 1x/wk 64-gal 3650 Southport Pkwy 3-yard 2x/wk 2-yard 1x/wk service to be assigned
2040 Lake Washington Blvd - Fire
Dept. 4-yard 1x/wk 4-yard 1x/wk 96-gal
1 Raider Ln - High School 4-yard 3x/wk 4-yard 1/wk 64-gal Alice Norman Ball Fields 3-yard 1x/wk 0 0
Bryte Park 3-yard 1x/wk 0 0
1951 S. River Rd. - Parks
40-yard
3-yard 1x/wk
3-yard 1x/wk
40-yard wood
40-yard green
64-gal
4300 W Capitol Ave - Public Works 40-yard Service to be assigned
40-yard wood
64-gal
WTP – 400 N Harbor Blvd 3-yard 2-yard 32-gal
DRAFT 7/23/26 156
741
Exhibit 4
Collection Container Specifications
Cart Specifications.
All new or replacement Carts must be manufactured with a minimum twenty percent (20%) post-consumer recycled material content and come with a ten (10) year warranty against defects.
Carts must be constructed with material that resists deterioration from ultraviolet radiation and be incapable of penetration by household pets or small wildlife when lids are fully closed.
Contractor must provide Carts having an approximate volume of 20, 32, 64, and 96 gallons. Actual cart volume may vary by +/- 10% depending on manufacturer.
Carts must include wheels and handles that accommodate ease of movement by ablebodied persons, have heavy duty wheels, have attached hinged lids, and be designed to be resistant to inadvertent tipping due to high winds.
Carts must include lids that continuously overlap the Cart body so as to prevent the intrusion of rainwater and minimize odors. The lids should be of a design and weight so as to prevent the Cart body from tilting backward when flipping the lid open. Locking Carts available upon request at the Maximum Service Rates set forth in Exhibit 1 Carts must be capable of being lifted into the Collection Vehicle without damage or distortion under normal usage.
Carts must be hot-stamped in English and Spanish, embossed, or labeled/decaled with the company name, a unique identification number (i.e., a serial number for carts), weight limit, images of the type of materials to be Collected as well as materials unacceptable in the material stream, and a QR code or website url that links to the Recycling education landing page within the Contractor’s City-specific website for the City. Each Cart must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” All Carts shall also contain instructions for proper usage. If any of the above is accomplished via labels or decals, such labels or decals must be maintained and/or replaced as necessary throughout the Term to maintain a near new appearance. Decals/labels showing types of materials Collected in each Cart must be replaced annually.
Cart and lids must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed DRAFT 7/23/26 157
742
Organic Waste or other color standards as determined by CalRecycle prior to the start of this Agreement) and as approved by the City, which may be limited to color-coding of the lid only.
Bin Specifications.
Bins must be constructed of heavy metal or heavy plastic and must be watertight, well painted, in good condition, and without rust or dents.
Bid lids must be constructed in such a fashion as to minimize the intrusion of rainwater and minimize odors. Locking bins will be provided upon request at the Maximum Service Rate set forth in Exhibit 1.
Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair.
Contractor must provide Bins having an approximate volume of 1, 2, 3, 4, and 6 cubic yards. Bins of volumes 1 through 4 must be on wheels.
Bins must have the name and phone number of Contractor on the exterior so as to be visible when the Bin is placed for use.
Each Bin must be labeled with a listing of materials that may and may not be placed in a particular Bin type, as well as a QR code or website url that links to the Recycling education landing page within the Contractor’s City-specific website for the City, and each Bin must include a conspicuous warning: “Not to be used for the disposal of hazardous, electronic, or universal waste.” Bins must be labeled in English and Spanish. Bin must be compliant with SB 806.
Bins must be capable of being lifted by the Collection Vehicle for service without damage under normal usage.
Bins must meet all applicable colors and labeling specifications as set forth by CalRecycle (i.e., blue = Recyclable Materials, black/gray = Garbage, green = yard waste/mixed Organic Waste or other color standards as determined by CalRecycle prior to the start of this Agreement).
Roll-off Container Specifications.
Roll-Off Containers must be constructed of heavy metal and must be watertight, well painted, in good condition, and without rust or dents. Roll-Off Containers must be constructed in such a fashion as to minimize the intrusion of rainwater and minimize odors.
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Wheels, forklift slots, and other appurtenances which are designed for movement, loading, or unloading of the Container, must be maintained in good repair.
Roll-off Containers shall be provided in sizes 10, 20, 30, and 40 cubic yards. Compactors shall be available in sizes 10, 20, 35, and 40 cubic yards. Contractor is obligated to provide covers for Roll-Off Containers per City Municipal Code. Containers must be compliant with SB 806.
Roll-Off Containers must have the name and phone number of Contractor on the exterior so as to be visible when the Container is placed for use.
Containers End of Life
Collection Containers must be recycled at the end of their useful life, with any and all usable components continuing to be reused.
Containers Purchase
Contractor shall report with its Agreement Year reporting, in accordance with Section 23.5.2.8, all new Carts and Bins purchased pursuant to this Agreement to its address within the City and shall report all purchases of Carts and Bins under this Agreement as attributable to the City for sales tax purposes.
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744
Exhibit 5
Administrative Charges and Penalties
All dollar figures stated below shall increase annually by the RRI Adjustment Calculation in Section 6.3.
References to the following performance standards may or may not be specified elsewhere in this Agreement. The performance standards apply regardless.
1) Collection Reliability
PERFORMANCE STANDARD Administrative Charge Multiplier Reporting Frequency
1a
Start New Customer - For each failure to
commence service to a new Customer within seven
(7) Business Days from receiving required new startup items/paperwork from requesting Customer. $100.00 per incident
Doubled for every
additional five (5)
Business Days
Monthly
1b
Missed Collection - For each failure to collect
Garbage, Recyclable Materials, or Organic Waste
Container, or Clean-Up materials, Bulky Waste, or
On-Call-HHW, which has been properly set out for
Collection on the scheduled Collection day, and
where Contractor failed to Collect such Container
by the end of the next Workday after being notified,
unless missed Collection is reported after 12:00
pm, in which case within two (2) Workdays.
$100.00 per incident NA Monthly
1c
Residential Scheduled Service - Failure to fully
service 98% of regularly scheduled residential (SFD
and MFD) accounts each day on their schedule route
for each of the three
(3) residential commodities (Garbage, Recyclable
Materials, Organic Waste) as measured as a monthly
average.
$2,500 per month for each
non- compliant Service
Unit Type (Garbage,
Recyclable Materials,
Organic Waste)
NA Monthly
1d
Container Accessibility. Failure to resolve
Container accessibility issues with Service Recipients
per requirements set forth in Sections 10.1.9.1 and
11.1.9.1. $500.00 per incident NA Monthly
2) Collection Quality
PERFORMANCE STANDARD Administrative Charge Multiplier Reporting Frequency
2a Fluid Spills, Litter - For each occurrence of failure to properly clean up any Contractor-generated fluid
spills, trash, or litter, except when caused by weather conditions or Overage.
$300.00 per incident NA Monthly
DRAFT 7/23/26 160
745
2b Untidy Collections - Accumulation of more than ten
(10) complaints per month regarding Carts left in
untidy conditions (e.g., Carts not left standing
upright, cart lids not closed, carts left in wrong
locations) per Section 9.1.7.
$300 per month $10 per complaint
beyond the first ten
(10) complaints.
Monthly
2c Repair of Private Property - For each occurrence
of failure to repair damage to property within 20 days
of the date the damage was reported. This would not
apply if Contractor has submitted the incident to their insurance company and the insurance company is
still investigating or processing payment.
$250.00 per incident NA Monthly
2d
Unauthorized Collection Hours - For each
occurrence of collecting Garbage, Recyclable
Materials, and Organic Waste during
unauthorized hours.
$300.00 per incident NA Monthly
3) Customer Service Responsiveness
PERFORMANCE STANDARD Administrative Charge Multiplier Reporting Frequency
3a Call Center Hours - Failure to maintain call center
hours as required by this Agreement. $300.00 per day NA Quarterly 3b Directing Calls to City - For each instance where
City receives a call from a Customer that reports that
the Contractor directed them to call the City for
requested information. This would only apply when
verified by Contractor call recordings.
$100.00 per call NA Quarterly
3c Average Speed of Answer (ASA) - For each month
where the ASA exceeds 3 minutes (180 seconds) $1,000.00 per month NA Quarterly 3d. Call Abandonment Rate - Failure to achieve call
abandonment rate below fifteen percent (15%) $1,000.00 per month NA Quarterly 3e. First Call Resolution Rate - Failure to
achieve first call resolution rate above 90%. $1,000.00 per month NA Quarterly 3f Respond to Complaint - For each failure to inform
Customer within one (1) Business Day of receipt of
the Complaint the action Contractor will take to
remedy a Complaint or reasonably work to resolve
complaint.
$300.00 per incident NA Quarterly
3g
Resolve Complaint - For each failure resolve a
Customer Complaint within three (3) Business Days. $300.00 per incident NA Quarterly DRAFT 7/23/26 161
746
3h New Container, Container Exchange, Container
Replacement, Container Repair - Failure to
provide new Container, or exchange, replace or
repair Container, within five (5) Business Days of
Customer request.
$50.00 per customer
Doubled for every
additional five (5)
Business Days Quarterly
4) Reporting and Noticing
PERFORMANCE STANDARD Administrative Charge Multiplier Reporting Frequency
4a Reports - Failure to submit to City all reports by the deadlines required under the provisions of this
Agreement, including corrective action plan as
detailed in Section 20.6.1.
$200.00 per day report is
overdue NA Monthly / Quarterly
/ Annual
4b Data - Failure to provide data, information, or
documentation required by this Agreement within the
timeframe stipulated herein, including but not limited
to data requested in Section 22.1.2.
$100 per day NA
Monthly / Quarterly
/ Annual
4c City Requests - Failure to respond to any City
request for data or information, as referenced in
Section 5.17, within five (5) Business Days of receipt
of the request.
$100 per day Ongoing
4d Payments - Failure to submit to City all payments by the deadlines required under the provisions of this
Agreement.
1% of the total amount due if fees are 1 – 10 days
late; and 10% of the total amount due if fees are
more than 10 days late.
Monthly
4e Diversion Documentation - Failure to provide City
with documentation verifying Diversion, as outlined in
Section 23.5.2.10.
$5,000 per year
Annual –
Agreement Year
5) Public Education & Diversion Guarantee
PERFORMANCE STANDARD Administrative Charge Multiplier Reporting Frequency
5a
Compliance Review – Failure to perform
Compliance Review and associated site visits per
21.3.5. $5,000 per incident NA
Annual - Calendar
Year
5b
Technical Assistance - Failure to perform a
minimum number of related actions per Section
21.4.1. $300 per number of site
visits less than 200 per year
$1000 per number of
comprehensive waste
analyses less than ten (10)
per year
$300 per number of C&D
Roll-Off Container site visits
less than five (5) per month
Monthly / Annual -
Agreement Year
5c
Route Reviews - Failure to perform Route Reviews
annually per Section 21.5.4. $20,000 per incident NA
Annual - Calendar
Year
DRAFT 7/23/26 162
747
5d
Bundled Service and Minimum Service - Failure to
equip every Service Recipient with Garbage,
Recyclable Materials and Organic Waste Containers
in accordance with Sections 9.1.2, 9.1.3, 10.1.2, and
11.1.3)
Effective October 1, 2027.
$50 per Container per
Service Recipient per month
without all required
components Bundled
Service or Minimum Service
as listed on monthly Service
Recipient report. Nor
applicable if mandatory
service has been waived per
Section 1.69.
NA Monthly
5e
Contamination and Overages - Failure of
Contractor to follow Recyclable Materials and
Organic Waste Contamination and Overage
procedures as set forth under Section 5.12.
$500 per day for failure to
implement correction plan,
as mutually agreed upon by
parties following
identification of missed
standards
NA Quarterly
5f
Reuse Protocol – Failure to follow Reuse protocol as
outlined in Sections 9.4.5 and 10.4.8 per reporting
outlined in Section 23.4.2.13.
$1,000 for every quarter
where agreement is not
maintained with reuse
organization or where Bulky
Waste is landfilled when it
could have been reused or
Recycled.
NA Quarterly
5g
School Recycling Program – Failure to execute
School Recycling Program as outlined in Exhibit 10.
(Two visits per school required annually).
$500 per missed school visit
per year.
Unless proven that school
refused visit.
NA
Annual Agreement
Year
5h
Education and Outreach - Failure to develop
and/or distribute all required outreach materials
required under Section 21.4.2, including Quarterly
Newsletters, Available Services Notice and
Information, Annual Information, Outreach
Regarding Recyclability of Materials, and Outreach
Regarding Organic Waste.
Note: A delay in development or distribution and
subsequent exposure to this charge cannot be
caused by a delay in the City’s internal
review/approval process.
$5,000 per missed material
per occurrence.
10 Business Days to cure
NA
Monthly, Annual
Agreement Year
5i
Contract Staffing – Failure to maintain minimum
complement of personnel as outlined in Article 18.
Note: Should there be a temporary vacancy,
Contractor shall inform City in writing of interim
designee and Administrative Charge will not apply
for a maximum of three (3) months. Contractor may
seek longer term extension for uncontrollable
circumstances such as employees experiencing
FMLA, medical leave, etc.
$5,000 per unassigned
contract role per month. NA
NA
6) Operations
DRAFT 7/23/26 163
748
PERFORMANCE STANDARD
Administrative
Charge
Multiplier Reporting
Frequency
6b
Commingling of Materials - Commingling
Recyclable Materials, Garbage, and/or Organic
Waste in any combination in any Collection
Vehicle load.
$1,000.00 per incident NA By next Business
Day
6c
Overweight Vehicles - For each instance of a
Collection Vehicle load exceeding the legal load
limit (Roll-Off Container loads excluded).
over 1,000 lbs = $100;
over 2,000 lbs. = $250.00;
Over 3,000 lbs = $1,000.00,
over 4,000 lbs = $2,000.00 +
one dollar ($1.00) for each
additional pound overweight
(i.e., 5,000 lbs = $3,000.00).
Covered under
Administrative
Charge amount
Quarterly
7) Facilities
PERFORMANCE STANDARD Administrative Charge Multiplier Reporting Frequency
7a
Landfilling Organic Waste or Recyclable
Materials - Disposal of Source Separated
Recyclable Materials or Organic Waste loads in a
landfill, except in the case where Designated
Processing Facility cannot or refuses to accept
load.
$1,000.00 per load NA Monthly
7b
Designated Disposal or Processing Site - Failure
to deliver loads to the Disposal Facility, Materials
Recovery Facility, or Organic Waste Processing
Facility, except in the case where Designated Facility
cannot or refuses to accept load.
$1,000.00 per load NA Monthly
DRAFT 7/23/26 164
749
Exhibit 6
Transition Plan
Phase 1: Months 1-2 (June-July 2026)
In the first two months following the awarding of the contract, our Transition Team will lay the groundwork for a smooth transition. This phase will focus on administrative tasks, including placing orders for equipment and acquiring customer data. Specifically, our Transition Team will accomplish the following tasks in Phase 1:
Administrative & Contractual
• Negotiate and execute the Collection Agreement with the City of West Sacramento • Secure required insurance and bonds
• Finalize long-term lease for corporate yard location
• Finalize Transition Plan milestones and expectations with the City • Schedule and host bi-weekly transition meetings with the current collections service provider and lead City staff members
• Conduct monthly formal risk assessments to ensure all processes are on track for timely completion Customer Database and Routing
• Formally request customer information from the current collections service provider • Receive complete customer database from the current collections service provider, including service levels, billing information, and special requirements • Begin IT system configuration for West Sacramento
• Begin validation of data received from current collections service provider Operational Infrastructure
• Place container orders for delivery
• Place vehicle orders for delivery
• Begin operational upgrades and modifications of corporate yard • Confirm and execute processing facility agreements as needed • Disposal: Yolo County Central Landfill
• Organic Waste Processing: Yolo County Central Landfill Organic Waste operation • Materials Recovery: Cal-Waste MRF recyclables processing operation which will be transfer through L&D Landfill
• C&D Processing: Yolo County Central Landfill Construction and Demolition operation Phase 2: Months 3-8 (August 2026-January 2027)
Over the next six months, our Transition Team will dive deeper into each of the areas put in place in Phase
1. After receiving customer information, we will work to validate that information, set up our software systems to accommodate the data, and develop collection routes. After placing orders for equipment in Phase 1, this next phase will then see us receiving those orders and commissioning the equipment.
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Additionally, we will use this time to develop education materials for customer distribution. Throughout this phase, the following tasks will be completed:
Administrative & Contractual
• Continue bi-weekly transition meetings with the current collections service provider and lead City staff members
• Continue monthly formal risk assessments to ensure all processes are on track for timely completion
Customer Database and Routing
• Complete validation of all customer records and address data and reconcile this information in Tower through route audits
• Configure Tower billing and routing software system for West Sacramento operations • Develop optimized collection routes for residential, commercial, and multi-family sectors Operational Infrastructure
• Complete operational upgrades at the Fruitridge Corporate Yard • Monitor progress of container manufacturing to ensure that equipment will be available as needed • Begin receipt of collection vehicles
• Begin vehicle commissioning and technology installation, including GPS tracking and onboard cameras
• Finalize container graphics
o Labels in English and Spanish with images of acceptable and unacceptable materials for each container
o Include QR codes and website URLs linking to recycling education resources o Make Russian language resources available digitally as required by the Agreement • Begin container staging, including application of labels Customer & Community Outreach
• Develop education and outreach materials in English, Spanish, and Russian Phase 3: Months 9-10 (February-March 2027)
Phase 3 of the transition period will focus heavily on customer communication. During this phase, we will distribute our first customer outreach materials after they have been approved by the City. We will also continue to receive and commission the collection vehicles and containers needed for this operation.
Administrative & Contractual
• Continue bi-weekly transition meetings with the current collections service provider and lead City staff members
• Transition from monthly to bi-weekly formal risk assessments to ensure all processes are on track for timely completion
Operational Infrastructure
• Continue receipt of collection vehicles
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• Continue vehicle commissioning and technology installation, including GPS tracking and onboard cameras
• Finalize receipt, labeling, and staging of all containers Customer Outreach
• Finalize, prepare, and distribute Introductory Mailer • Full-color postcard announcing service transition; trilingual (English/Spanish/Russian); QR code to website
• Launch future West Sacramento website
Phase 4: Months 11-13 (April-June 2027)
Phase 4 encompasses the last three months of the transition period, when all final arrangements will be put in place. During this phase we will increase communication with customers, including verifying and inviting them to adjust their service levels. Multi-Family and commercial customers will be individually contacted with site visits and direct communications regarding their service needs. The results of this allow for the final completion of routes. Additionally, Phase 4 is when personnel will be hired, including displaced employees.
Administrative & Contractual
• Continue bi-weekly transition meetings with the current collections service provider and lead City staff members
• Transition from bi-weekly to weekly formal risk assessments to ensure all processes are on track for timely completion
• Begin customer service line operations
Workforce Readiness
• Begin displaced employee outreach
• Hire and train all required collection drivers, customer service representatives, route supervisors, and support staff (including displaced employees)
• Complete all employee certifications including CDL verification, safety training, and equipment operation
• Finalize route assignments
• Conduct route familiarization and dry runs for all drivers • Complete SB 1383 compliance training for all staff
Customer Database and Routing
• Configure billing system with approved Maximum Service Rates • Adjust subscription levels as indicated by customer responses to outreach • Test all billing and routing software functions
Operational Infrastructure
• Deploy full fleet of new collection vehicles meeting all contractual and sustainability specifications • Install all required vehicle technology including GPS tracking and onboard cameras DRAFT 7/23/26 167
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• Coordinate with subcontractor to deliver containers prior to service commencement • Deliver GreenWaste containers 15 to 30 days prior to service commencement • Coordinate with current hauler for removal of existing containers following final service day (June 30, 2027)
o For locations with limited space, GreenWaste will coordinate with current hauler for same-day removal and delivery
Commitment to Displaced Workers: GreenWaste is committed to retaining the current drivers and staff that are familiar with the West Sacramento community and have experience with the region and customers.
For the qualified displaced employees of the previous hauler, GreenWaste will:
• Offer employment to all qualified displaced employees of previous hauler • Retain displaced employees until such employees leave employment or are terminated for cause, per Section 18.1 of the Agreement
• Provide pay and benefit rates that meet or exceed previous hauler rates • Make wage, benefit, and job classification information available to the City, as required Outreach & Hiring Process:
Initial Contact (90 to 75 days prior to start date / April 2027):
• Request displaced worker contact information from WM, the incumbent hauler • Coordinate with human resources department
• Engage with local union leadership as applicable
• Host informational sessions for displaced workers
Recruitment (75 to 60 days prior to start date / April - May 2027):
• Conduct individual interviews with interested displaced employees • Verify qualifications, licenses, and employment history • Present employment offers pay and benefits meeting or exceeding current levels • For remaining positions not filled by displaced workers, recruit through job boards, community outreach, and workforce development partner
Customer Outreach
Residential Customers
• Distribute Service Verification Letters (90 days prior to start date, early April 2027) o Each customer will receive a personalized letter with current service levels o Customers will be invited to select new services, with multiple response options (online, phone, mail, email)
o All SFD customers will receive a standard three-cart set (garbage, recycling, organics) in sizes determined by their current service level with their current service provider, unless they request a change
• Follow-Up Mailing (75 days prior to start date, late April 2027) o Reminder to non-respondents
o Additional service verification opportunities
• Comprehensive Service Guide (45 days prior to start date, May 2027) o Booklet with service overview
o “What Goes Where” charts
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753
o SB 1383 requirements
o Collection schedules
o Customer service contact information
• Final Reminder (14 days prior to start date, June 2027) o Postcard confirming service start date
o Collection day reminder
o Customer service contact information
Multi-Family Dwelling (MFD) & Commercial Customers
• Dedicated account representatives will contact all MFD and Commercial customers to conduct service assessments and right-size their container configurations. • GreenWaste will conduct site visits for all commercial and MFD accounts to assess:
o Current service levels and container sizes
o Container enclosure dimensions and determine if there are any space and/or service constraints
o Access requirements for collection vehicles
o Recommendations for optimal service levels and container mix • Presentations to Homeowners Associations, schools, and civic groups City-Wide Outreach
• Coordination with local media for news coverage of service transition Phase 5: Post-Launch Monitoring & Support (July 2027-January 2028) We will implement a structured post-launch monitoring program to ensure that the service being provided meets our high-quality standards, and we will address any issues promptly.
First Week Intensive Support (July 1-7, 2027):
• Deploy additional supervisory staff on all routes
• Extend customer service hours to handle increased call volume • Daily debriefing with all route drivers
• Real-time communication with City staff on any service issues Route Optimization Period (Days 60-90):
• Analyze service data to identify route inefficiencies • Adjust routes based on actual service times and conditions • Address any recurring service issues or customer complaints • Fine-tune container placement and access procedures
Six-Month Assessment (January 2028):
• Comprehensive performance review with City staff
• Customer satisfaction assessment
• Review of all performance metrics against Agreement standards • Lessons learned documentation and process improvements DRAFT 7/23/26 169
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Coordination with Current Service Provider
Several of the above transition steps require close coordination with the incumbent service provider to ensure a smooth transition with minimal disruption to service recipients. GreenWaste will work closely with the current hauler to ease this transition and will inform the City of any delays or other issues that may arise. The following processes will require participation from the current service provider:
Customer Database Transfer:
• Week 1 Post-Award: Formal request to provide the complete customer database • Weeks 2-4: Secure encrypted transfer into GreenWaste staging environment Container Transition: GreenWaste will coordinate container removal and replacement with WM to minimize service disruption:
• Container Delivery Schedule: GreenWaste containers delivered 15 to 30 days prior to service commencement
• Existing Container Removal: Coordinated with the current hauler for removal following final service day (June 30, 2027)
• Space-Constrained Locations: For locations with limited space, GreenWaste will coordinate with the current hauler for same-day removal and delivery
• Memorandum of Understanding (MOU): GreenWaste intends to execute an MOU with the current hauler to facilitate coordination during the transition period Billing Transition:
• The current hauler will continue billing through June 30, 2027 • GreenWaste billing will commence July 1, 2027
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Exhibit 7
Collection Service Operations Plan
GreenWaste’s Collection Service Operations Plan details how GreenWaste will provide high-quality, reliable, and sustainable waste collection and diversion services to the West Sacramento community for the 10-year contract term, with two potential extensions of five years each.
Transition Staffing
GreenWaste is committed to onboarding, and dedicating, our West Sacramento-specific staff full-time to the City by no later than six months before the start of the contract to ensure adequate training, availability to the City for questions and collaborative planning, execution of transition-related action items, and proactive support for customers.
Vehicles
GreenWaste will supply an adequate number of collection vehicles with sufficient capacity to efficiently execute the tasks outlined in the Agreement. Additionally, GreenWaste will maintain an appropriate fleet of backup vehicles for each type of collection vehicle to address scheduled and unscheduled maintenance, service requests, complaints, and emergency situations. All collection vehicles will be new at the start of the Agreement and maintained so that they exhibit the aesthetic and cleanliness standards appropriate for the City of West Sacramento. At no time during the Agreement will collection vehicles be more than 10 years old. All such collection vehicles will be fueled by Renewable Natural Gas (RNG) and will be available in advance of the start of services, allowing for sufficient time to paint and label all vehicles to match GreenWaste’s collection fleet and will be equipped with safety and technology features described in this section.
Collection Equipment
Proposed Vehicle Fleet for West Sacramento
Type of Vehicle & Service Area
Chassis
Manufacturer &
Model
Body
Manufacturer
& Model
Year Useful
Life
No. of
Vehicles
No. of
Spares
Automated Side-loaders -
Residential
Mack Trucks LR
CNG
Heil Durapack
Python 2027 12.5
years
12 3
Front-loaders – Commercial Mack Trucks
TerraPro CNG Heil Half/Pack 2027 12.5
years
4 0*
Flatbed Truck – Bulky Reuse+ Mack MD642
CNG Marathon 2027 12.5
years
2 1
Supervisor & Outreach Vehicles Electric Vehicles 2027 12.5 years
2 0
Service Truck
F-350
Renewable
Diesel
Ford 2026 10
years
1 0
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*Spares will be sourced from our existing fleet and at no time will be over 10 years old. Spare Front-load Commercial vehicles will be utilized from our non-Franchised services should they be required. +Bin Delivery will be completed using Bulky/Reuse Flatbed trucks.
Vehicle Advantages
Compliance with Clean Fuel Requirements: GreenWaste is prepared to comply with clean fuel requirements by providing either CNG and/or electric vehicles. We will defer to the City’s decision and then provide a final vehicle procurement plan that outlines our approach to procuring the specific type of Zero Emission Vehicle (ZEV) or Battery Electric Vehicle (BEV). GreenWaste will coordinate with local utilities for renewable energy sourcing and install fueling stations for CNG/RNG or charging stations for electric fleets, as necessary to provide compliance and cost-effective fueling and charging operations. Fuel quality logs and emission testing records will be maintained for all collection vehicles, and routine and preventive maintenance will be scheduled to ensure clean fuel systems operate efficiently.
GreenWaste ensures that drivers are well-informed about the importance of adhering to emission standards and that practicing fuel-efficient driving can contribute to meeting CARB requirements. Mechanics are thoroughly trained on emissions control systems and how to identify and repair issues, as well as recordkeeping requirements. As CARB updates its standards, GreenWaste stays informed about new regulations and adjusts our fleet practices accordingly. We also retire and/or retrofit vehicles utilizing an approved phased approach, which has led to meeting early compliance dates.
Emissions: GreenWaste is investing in CNG collection vehicles that can easily incorporate Renewable Natural Gas (RNG) without having to make modifications to the fueling system, saving time and money.
RNG fuel significantly reduces greenhouse gas emissions and offers numerous benefits, including lower operating costs, quieter operations, improved energy security, extended vehicle lifespan, compliance with emissions regulations, an enhanced public image, and access to financial incentives.
Noise: GreenWaste ensures all collection vehicles meet federal, state, and local maximum noise standards, as we understand the importance of limiting noise in and near residential areas. Through resourceful and efficient routing, vehicle passes on streets are minimized and associated noise concerns are also greatly reduced. Furthermore, GreenWaste has collection vehicles tested annually to ensure noise levels are acceptable. Natural gas vehicles are significantly quieter than traditional diesel trucks, producing much lower engine noise during operation. Their smoother combustion process reduces vibration and sound, which is especially noticeable during idling, acceleration, and early-morning or late-night collections. This quieter performance helps minimize noise impacts in residential neighborhoods and improves overall community quality of life.
Road Impact: Waste collection vehicles have an inherent impact on the roads they travel. GreenWaste will work to mitigate those impacts through the following measures:
• Routing Efficiencies by optimizing routes, GreenWaste will minimize the distance traveled by each collection vehicle on every daily route. Routes will be optimized using GIS from ZignEx software.
• Weight Restrictions will be monitored by Supervisors and weight tickets from routes will be routinely reviewed to ensure that collection vehicles are not exceeding their weight limitations. • Right-Sizing by using smaller and lighter vehicles for container deliveries, bulky collection, supervisor and outreach employees, and support and maintenance activities. GreenWaste will DRAFT 7/23/26 172
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ensure that support and supplemental service activities will not unduly contribute to wear and tear on the City’s roadways.
• Proper Vehicle Maintenance on all vehicles operating in West Sacramento will minimize the effects of leaks and litter. Routine maintenance and inspections ensure all collection vehicles have water-tight hoppers, and all vehicles will be kept free of leaks from engines and other vehicle systems. Vehicle tires will be maintained and properly inflated to ensure optimal use on the roadways.
Vehicle Safety & Technology Features
All GreenWaste collection vehicles to be used in West Sacramento will be equipped with technology and software that is essential to our safety programs and protocols. The 3rd Eye camera system equipped in each collection vehicle records video activity 360 degrees around the outside of the vehicle, inside the driver cab and hopper, and records audio that allows Supervisors and Management to monitor the overall driving performance of the vehicle and driver.
Benefits of the 3rd Eye system include:
• The camera system offers the driver three important tools to safely do their job:
o The in-cab monitor has camera views that vary by truck style but are meant to give the driver additional visibility around the vehicle exterior beyond direct sight and mirrors. o Collection vehicle’s cameras also have camera view inside the hopper, giving early warning to the drivers of a possible fire and contamination in the load. o Backup sensors will sound an alarm while the truck is in reverse if a moving object (pedestrian, bicyclist, etc.) is detected or a fixed object is too close. • 3rd Eye systems record and retain video footage which can be important evidence to support the driver and GreenWaste’s defense in an accident. The cameras help with claims and exonerate drivers if the accident was the fault of another party. Additionally, the video footage serves as an effective learning tool for GreenWaste if there is a near-miss incident. • To promote good driving behavior, the 3rd Eye system has built-in software to monitor driving performance. Collected information identifies driving behaviors needing improvement to reduce the risk of an accident. These performance metrics include but are not limited to harsh braking, hard turns, rolling stops, seat belt compliance, cell phone use while driving, red light running, and speeding.
• To promote operational excellence, 3rd Eye cameras capture images on the route of the containers and debris being collected, as well as the absence of carts and bins at the service location at the time of collection. This is helpful to manage service verification and reduce callback instances.
• A software feature for “Positive Service Verification” can record details of each container as it is being emptied to further reduce call backs and to help identify the source of improper or illegal dumping. Images also capture when a container could not be serviced, for example if it was overfilled or obstructed.
GPS Tracking: GreenWaste ensures all collection vehicles are equipped with real-time fleet tracking technology and GPS tracking devices that can be used to record start and stop times, vehicle locations, and maximum speed. Live data allows GreenWaste to locate vehicles, streamline routes, and easily communicate between Drivers, Supervisors and Dispatch. Reports of speed, idle, maintenance and mileage will allow GreenWaste to revise routes, and address any issues in the field, as well as document driver behavior and adjust training protocols.
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Additional Technologies: GreenWaste utilizes the following technologies and software programs to optimize collection efficiencies and improve overall service and operations:
• GreenWaste has historically used proven route design, optimization software and balancing services from Waste Steams Consolidated (WSC), who have decades of hands-on experience in routing logistics. WSC uses ZignEx software to create the most efficient collection routes that reduce unnecessary mileage and associated emissions. GreenWaste will continue to utilize WSC’s services to provide balanced routes that maximize efficiencies throughout the City of West Sacramento.
• GreenWaste’s customer account and service information is stored in the AMCS Tower software system. Within Tower, our Customer Service Representatives (CSRs) can access current and historical service and account information, including information provided by 3rd Eye regarding positive service verification and service exceptions. Tower also provides exceptional reporting capabilities, enabling GreenWaste to provide the City with reports of service exceptions, positive service events, customer interactions, or any other reporting needs as agreed upon with the City. • GreenWaste is developing a new reporting tool through the PowerBI platform that integrates data from across our suite of collection and customer service software and technology platforms. This reporting tool will allow the City of West Sacramento to see live data from our various operational areas that will provide key insights into our operations. The platform allows us to generate advanced series of Key Performance Indicator (KPI) reports that assist in analyzing our operations and provide complex reporting for all jurisdictional or state reporting requirements.
Vehicle Appearance
GreenWaste will ensure that all vehicles used in the City of West Sacramento meet or exceed the requirements laid out by the City in the Franchise Agreement. Collection vehicles will be repainted no less than every five years to maintain a positive public image, ensuring that each vehicle has clean, clear signage and visible safety markings. Each vehicle will clearly feature the GreenWaste name and logo, our telephone number, and the unique number of each vehicle. This information will be displayed on each side and on the rear of the vehicle in a contrasting color with letters at least four inches high.
With the approval and/or at the request of the City, GreenWaste will use the sides of collection vehicles to promote recycling and organic diversion programs or to provide additional customer education and a positive public image, ensuring that each vehicle has clean, clear signage and visible safety markings.
Vehicle Maintenance Program
GreenWaste will always maintain vehicles in clean condition and in good repair. All parts and systems of the collection equipment will operate properly and be maintained as specified by the vehicle and equipment manufacturer’s guidelines and in a condition satisfactory to the City during all times the vehicle is in service.
Our Maintenance Department will consist of skilled mechanics trained in all aspects of collection vehicle and equipment maintenance. Each vehicle is designed and will be maintained and operated so collected materials will not blow, fall, or leak out of a vehicle while traveling on the roadways and our mechanics routinely inspect all components of the collection vehicle during their routine scheduled maintenance.
GreenWaste will maintain a maintenance log for all collection vehicles, ancillary equipment, and spares.
The log will be accessible to the City by physical inspection upon request, and will contain the following vehicle details:
• Vehicle identification number
• Date purchased or initial lease
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• Dates of performance of routine maintenance
• Dates of performance of any additional maintenance
• Description of additional maintenance performed
Containers
Containers & Sizes
Carts: All carts used in the City of West Sacramento will be new and will meet all color and other requirements imposed by SB 1383 and other applicable regulations. Carts will be provided in 32-, 64-, and 96-gallon capacities. Additionally, green organic waste carts will be available in 20-gallon capacity. All new carts put into service during the term of the Agreement will meet all requirements laid out by the City . New carts will contain a minimum of twenty percent (20%) recycled material content and come with a ten-year warranty against defects. All new carts will be manufactured by Otto Environmental Systems (Otto).
Kitchen Pails: New residential customers shall be limited to receiving one pail throughout the Term of the Agreement. Additionally, existing residential customers shall be eligible to receive a kitchen pail upon request on a limited and discretionary basis.
Bins: All bins used in the City of West Sacramento will be new and will meet the SB 1383 color requirements. Bins will be maintained in a watertight condition and meet all NPDES requirements. Bins will be provided in 1- to 6-cubic-yard capacities, with organic waste bins limited to a maximum of 2-cubic-yard capacity due to weight restrictions. All new bins will be manufactured by McLaughlin Waste Equipment, Inc. (McLaughlin).
Additional details regarding Containers can be found in Exhibit 4.
Space Limitations & Enclosures
For customers with space limitations, GreenWaste will provide onsite consultations by route supervisors and/or outreach coordinators to meet with customers and establish a mode of service with the appropriate container type and size that best meets the needs of the space while allowing GreenWaste to provide effective collection services. Customers could be offered smaller containers, more frequent service levels, alternative set-out locations, or any other solutions that satisfy the customer while adhering to operational and safety requirements.
Container Appearance
All containers used in the City of West Sacramento will meet all color and other requirements imposed by SB 1383 and other applicable regulations. Cart bodies and/or lids for garbage will be gray/black, recyclables will be blue, and organic waste will be green. All containers will include the GreenWaste name and telephone number and a unique container identification number. This information will be hot-stamped or embossed on the exterior of the carts and painted or affixed to the sides of the bins. On the lid of each cart and on the front of each bin, GreenWaste will affix a label that contains instructions for proper usage, including materials allowed in each container, and a QR code linking to the GreenWaste website. This information will be shown in both English and Spanish, and the label will contain an additional QR code that will link to the same information in Russian.
Container Maintenance Program
GreenWaste's comprehensive container maintenance program ensures the durability and functionality of containers, aligning with our commitment to quality and efficient service. West Sacramento customers will have access to multiple reporting channels for damaged containers, including a dedicated hotline, online DRAFT 7/23/26 175
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portal, and mobile application, ensuring an immediate response to reported issues with containers and other service issues. Carts and bins will be maintained in appearance and function and will be free from graffiti, rust or other damage. Containers will be maintained in a watertight condition and will comply with National Pollutant Discharge Elimination Systems (NPDES) requirements. Unsightly, damaged and/or noncompliant carts and bins will be replaced within five days of receiving notice from the City or the Customer, and within seven days of our own identification.
Route Operations
GreenWaste’s approach to routing involves developing balanced and efficient routes for the specific needs of the service area.
Vehicles Required & Route Logistics
The following number of vehicles and route logistics based on each line of service in West Sacramento are provided in the chart below:
GreenWaste West Sacramento Route Logistics
Route
Operations
# of
Crew
per
truck
# of
Trucks
# of
Routes
per
Week
Total
Route
Hours
On
Route
Hours
Total # of
Containers
Collected
per Week
# of Vehicle
Passes per
Customer
per Week
(Stops per
week)
Containers
Collected
per hour
Residential
Garbage 1 4 + 1
spare
22 9 8 15,274 15,274 87
Residential
Recyclables 1 4 + 1
spare
21 9 8 14,998 15,394 89
Residential
Organics 1 4 + 1
spare
21 9 8 14,734 14,998 88
Bulky
Collection
(Flatbed)
1 driver
+ 1
helper
2 + 1
spare
10 10 9 - - -
Commercial
Garbage 1 4 21 10 9 1,355 2,161 11
Commercial
Recyclables* - - - - - 388 - -
Commercial
Organics* - - - - - 184 - -
GM &
Outreach
Vehicles
n/a 2 electric
vehicles n/a n/a n/a n/a n/a
TOTAL 6 26 100 46,933 47,824 -
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*Commercial recycling and organics bin services are non-exclusive and not included in this Franchise Agreement. Franchised bin services for Multi-Family and the City will be collected using Commercial Garbage as a separate partial route. Metrics related to those partial routes are fully captured in the Commercial Garbage category. Franchised Commercial and Multi-Family organics and recycling carts will be collected as part of our residential routes via route sharing. Operational data has been included in those routes, where cart numbers have been listed separately.
Routing Approach & Driver Responsibilities
Our driver’s responsibilities ensure that waste is collected and disposed of in a safe and environmentally responsible manner and are outlined below:
Operating the Vehicle: Drivers will be responsible for safely operating their collection vehicle. This includes starting and stopping the vehicle, navigating through neighborhoods and streets, and following traffic regulations.
Collecting Materials: The primary duty of a driver will be to collect recyclables, organic waste, and garbage from all containers on their route. Carts will be serviced utilizing a fully automated side-loader collection vehicle. Bins will be serviced utilizing a semi-automated front loader collection vehicle. Collection will occur to ensure that no waste is spilled during the process. Drivers will be responsible for determining when a container cannot be safely serviced and include containers located too close to other objects or vehicles, containers that are overloaded and would spill when moved, and containers that are contaminated with unsafe or inappropriate materials. If any of these conditions are met, it is the driver’s responsibility to report the relevant issue for correction.
Bulky Item Routing Approach: GreenWaste will collect Bulky items with a Flatbed Truck, a driver and a helper. The Flatbed truck enables us to collect items intact so they can be diverted to the highest extent possible. Once the Bulky Reuse route is complete, staff will unload the items either at the yard or at an agreed-upon location as determined by the City and our donation partners. We encourage this option to handle Bulky Items because the standard approach (using a rear-end loader) doesn’t offer diversion opportunities because items are destroyed as soon as the packer initiates compaction in the rear-end loader.
Maintenance & Inspection: Drivers will be responsible for performing routine inspections of their vehicles and conducting proper Pre/Post Trip Inspections daily. Inspections involve checking for mechanical issues, such as brakes, lights, and hydraulic systems, to ensure the truck is in good working condition. They will be required to report any major problems to maintenance personnel immediately. Using an electronic Driver’s Vehicle Inspection Report (DVIR), inspection results are transmitted to the GreenWaste maintenance shop, creating instant communication between the drivers and mechanics.
Customer Interaction: At times, drivers may need to interact with customers and will be able to answer questions, provide information about waste disposal guidelines, and address any concerns or complaints.
Safety Protocols: Ensuring safety is a top priority. Drivers will follow safety protocols when handling materials, such as wearing personal protective equipment (PPE), operating heavy machinery cautiously, and adhering to safety guidelines as well as when moving containers and/or unloading materials.
Environmental & Regulatory Compliance: Drivers will follow environmental regulations related to waste collection and disposal. This includes ensuring that hazardous materials are handled and disposed of properly and that recycling is sorted and collected separately from regular waste. Drivers will comply with local, state, and federal regulations related to waste collection and transportation, specifically rules regarding vehicle weight limits, waste disposal procedures, and hours of service.
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Record Keeping: Drivers are responsible for maintaining records of collection activities, including the amount and type of materials collected, the locations serviced, and any incidents or issues encountered during the route utilizing the onboard computer system that is directly entered into the AMCS Tower system.
Emergency Response: In some situations, drivers may be called upon to respond to emergencies, such as spill cleanup or assisting in disaster relief efforts. Every vehicle will be equipped with an emergency spill kit, and all employees will be trained in how to properly respond to minor spills and cleanup, in addition to activating proper reporting protocols. Drivers will receive all necessary training to respond to disaster relief cleanup as needed for the circumstance.
Physical Demands: The job can be physically demanding, and drivers will be in good physical condition to perform their duties safely. We provide our drivers with stretching exercises to start their day and keep them loose and ready to move.
Route Communications
Communication is a key component of our operations, and we provide sufficient training on protocols and standards for all employees to ensure high quality customer experience.
Fallen Debris: In the event that debris falls from collection containers or vehicles during pickup, the driver will be responsible for cleaning the area and removing any fallen debris. Each collection vehicle will be equipped with a broom and dustpan to facilitate this cleanup, and drivers will be trained to monitor their exterior camera views and to be alert for any falling debris from containers and vehicles.
Should a driver arrive onsite to find debris overflowing from a container or around an enclosure before the driver has begun servicing, the driver will immediately report this to dispatch and CSRs so that the event can be noted on the customer’s account and we can engage with the customer. CSRs and our Outreach team will reach out to customers with overflowing containers and consistently dirty enclosures to discuss the various options available to remedy the situation through right-sizing and adjusting service frequencies.
All customer interactions will be documented in the customer’s account (via photos from the onboard cameras and notations on the account) so drivers can review previous services and continue to monitor areas that require additional cleaning and attention to ensure the City maintains a clean environment in and around waste containers.
Contamination Monitoring & Route Observations
Contamination: Drivers represent the first line of defense when it comes to contamination. In residential collection, contamination can be challenging to note prior to collection due to the use of fully automated vehicles. Prior to collection, there may be some instances of contamination visible to the drivers, such as large pieces of unacceptable material not accepted propping carts open, and drivers will be able to watch material as they dump into the hopper. Drivers are also astute and stay aware of locations with known contamination issues and are highly skilled at knowing if the weight of a cart is inappropriate for its material stream and may therefore suggest contamination. Depending on circumstances, the driver will leave a NonCollection Notice as appropriate, informing the customer of the specific issue.
Damaged Containers: If a driver sees that a container is damaged, they will report this to dispatch and CSRs. A CSR will then make a work order to exchange the container, and the customer will be notified and instructed to leave their damaged container at the curb on the day the container will be exchanged.
Other Route Observations: Drivers will communicate with either dispatchers, Route Supervisors, or CSRs to inform the team of various situations, that may include safety issues such as road obstructions or other unsafe driving conditions, which will be immediately reported so that other drivers entering the area will be aware of relevant circumstances, and alternative plans can be communicated to all relevant parties as DRAFT 7/23/26 178
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needed. This practice also ensures that the community can be notified accordingly if unsafe conditions are present, so no other drivers are exposed to any dangers spotted by drivers. Drivers are also observers while in residential neighborhoods and are instructed to notify Dispatch if any suspicious behavior or illegal activity is observed while completing their route.
Route Audits to Verify Service Levels & Billing
GreenWaste will conduct annual route audits to ensure service levels and billing accuracy is 100% correct throughout the term of the Agreement. In addition to verifying service levels are billed correctly, the evaluation of our effectiveness of our diversion and outreach programs, and compliance with SB 1383 and other environmental regulations will also be reviewed. GreenWaste will create a detailed report on route audits that will include the following information:
• The date the review was conducted
• The name and title of each person conducting the review • A list of the account names and addresses covered by the review • A description of each route reviewed, a general description of the route area along with the results and any photographs taken
• Copies of any educational materials issued pursuant to such reviews Any discrepancies, errors, or issues identified during the route auditing process will be documented and reported. We will conduct a root cause analysis to determine why discrepancies or errors occurred, if any.
This may involve interviewing staff, examining processes, or reviewing billing systems. GreenWaste will develop a plan to address any discrepancies and errors identified during the audit and implement corrective actions to rectify billing errors and improve service quality. We will use the audit results to drive continuous improvement in collection operations and billing processes.
On-Call Household Hazardous Waste
Hayward Environmental Consulting (HEC) will assist GreenWaste with the removal and disposal of hazardous waste from businesses or residences. Even if the material is unknown, HEC will properly assess the material through field chemistry to identify and classify wastes for proper disposal. HEC will prepare all the paperwork necessary according to Local, State and Federal regulatory requirements.
Additionally, GreenWaste will provide at no-additional-cost a sharps mail-back collection program.
Single Family Dwellings
Upon request from the SFD customers, GreenWaste will collect standard household hazardous waste (paint, household batteries, electronics, motor oil and filters in sealed containers, CFLs, car batteries, cleaning chemicals, aerosols, and other similar household hazardous waste items common to residential dwellings) for free once per calendar year. Customers will be able to provide a maximum of five gallons of paint, two gallons of motor oil, two electronics, one car battery, two gallons of cleaning chemicals, no limit of batteries, CFLs or aerosols. Participation in this program will be reported to the City along with details on the type and quantity of HHW items collected.
Customers will be able to schedule their collection by contacting GreenWaste and selecting the next available, or most suitable, collection day. Our CSRs will provide customers with information related to how to place containers safely, where to place them and what is accepted through the program. GreenWaste will coordinate with HEC to ensure collections are scheduled and completed, where information regarding the completed collection event will be reported to West Sacramento in agreement with the Franchise Agreement.
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Multi-Family Dwellings
GreenWaste will be the City’s prime contractor for this Franchise Agreement and will utilize qualified subcontractors to provide curbside Household Hazardous Waste (HHW) collection and disposal services that are outside our area of expertise for operations in West Sacramento. Each Multi-Family Service Unit shall be entitled to receive free on-call HHW Collection Service a maximum of one collection time per Calendar Year. GreenWaste will notify and educate property manager or owners of every Multi-Family Service Unit of the availability of the Multi-Family On-Call HHW Service and will report to the City any MultiFamily Service Unit that declines to participate in at least one On-Call HHW Service per Calendar Year in the annual report. GreenWaste ensures that a sufficient number of appointments will be made available to service all Multi-Family Units that request it. Collection events will include the ability to drop off materials such as auto fluids, pest and garden sprays, batteries, paint, fluorescent bulbs, household cleaners, medicines etc. Total quantity available for drop-off will be determined by the selected subcontractor, where GreenWaste will closely monitor the program to ensure that it is adequate to meet the customer’s needs.
The subcontractor will host each event to ensure proper handling and recordkeeping of all materials.
Each individual Multi-Family HHW collection service event will require each unit book an appointment for services for the collection events. Available appointments for each event will be scaled depending on the size of the unit as described below:
• Small Complexes 5 – 20 Units: Assumed minimum of 50% utilization • Medium Complexes 21 – 70 Units: Assumed minimum of 20% utilization • Large Complexes 71+ Units: Assumed minimum of 10% utilization Should GreenWaste identify that there is an increased demand for appointments at a complex, another event can be scheduled within the calendar year to ensure sufficient access to this program.
Safety
Our comprehensive safety program demonstrates our unwavering commitment through multiple layers of oversight and continuous engagement: biweekly all-driver safety meetings complemented by weekly smallgroup safety huddles ensure consistent communication on safety protocols; each supervisor conducts eight in-field, on-road driver observations monthly alongside eight yard observations, providing real-time coaching and hazard identification; General Managers perform monthly safety walks at their facilities while executive staff conduct quarterly safety walks across multiple sites, ensuring accountability extends to the highest levels of leadership; and each site maintains an active safety committee that convenes quarterly to review incidents, identify systemic concerns, and develop proactive solutions tailored to local operational challenges. Furthermore, all supervisors, operations managers, and General Managers have completed the comprehensive CalOSHA 30-hour training program, equipping our leadership team with advanced knowledge of occupational safety standards and best practices.
The operation of a motor vehicle on public roadways or of heavy equipment in a post-collection setting requires the operator to apply the highest standards of skill and focus, to ensure the safety of our employees and the public. To accomplish this, GreenWaste drivers and equipment operators are put through a driving/operating skills test prior to going on the roadways/public areas and are giving the training, tools, coaching, and technology to do their jobs injury-free, prevent accidents, and provide excellent customer service. Training in the operation of their collection vehicles is comprehensive and include specifics on ensuring vehicles are always operated in full compliance with all applicable regulations. Driver training will emphasize the importance of operating vehicles according to manufacturer specifications and federal traffic safety regulations, specifically pertaining to gross vehicle weight ratings. In addition to their initial training, all vehicle and equipment operators participate in ongoing safety training throughout their tenure with DRAFT 7/23/26 180
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GreenWaste. This ensures that safety remains a foremost concern for the employees, as well as being widely understood to be a top priority for GreenWaste as a company.
Route & Vehicle Training: Newly hired drivers spend hours in the classroom, in-yard, and on-route training before operating a collection vehicle on the route and without a trainer/supervisor. Once the driver demonstrates they are ready to operate solo, they are monitored using supervisor observations and truck camera recording technology. All observations and relevant recordings are later used to provide refresher training, as applicable.
Defensive Driver Training: New hires receive classroom, in-yard, and on-route defensive driving training using principles taught by the Smith System defensive driving methodology.
Pre/Post Trip Inspections: An important safety measure includes the pre/post trip inspections that drivers conduct daily on their trucks. Drivers are provided a checklist for each of the inspections they are required to complete daily and provide to their Route Supervisors. If drivers note an item of concern, they report to a GreenWaste maintenance shop so that any items can be resolved quickly.
Engineering Controls: GreenWaste commercial trucks are equipped with a camera system and backup sensors. The camera system includes additional direct lines of sight, additional information for driver safety coaching, customer container contamination information, and early warning of thermal or fire events.
Safety Incident Management System (SIMS): GreenWaste utilizes SIMS software to track and reopen company injuries and illnesses. Additionally, SIMS solutions establish a consistent and practical approach to safety and provide insights used to improve company-wide safety performance.
Managing Overweight Vehicles: Overweight vehicles are managed through our technology systems and Route Supervisor review of daily weight tickets. Weight tickets provide clear records of each vehicle at its disposal location, where overweight vehicles will be flagged by Route Supervisors who will address the problem by reviewing and/or rebalancing routes as needed.
Physical, Drug & Alcohol Requirements: GreenWaste ensures all employees receive appropriate physical screening and comply with drug and alcohol testing requirements as required by applicable laws and regulations.
Management Protocols for HHW & U-Waste: GreenWaste provides extensive safety training to drivers and helpers on the proper and safe handling of all materials, most importantly HHW, universal wastes, and electronic wastes according to all local, State, and federal guidelines. Drivers are trained on how to identify these materials before they enter the waste stream, and the correct protocols to follow should contamination be identified.
Sensor Zone: This is a proximity warning system, proven to reduce collisions between people and heavy machinery. The system places a configurable detection zone around a machine, which triggers an alarm if the zone is breached by a tag-wearing worker. The unique triple alert system warns the operator, the worker, and those in the surrounding area, ensuring shared responsibility for site safety and driving positive behavioral change.
Injury & Illness Prevention Plan: GreenWaste is proactive when it comes to injury prevention because employees’ safety is our top priority. GreenWaste has written and implemented policies and procedures that include our Injury and Illness Prevention Plan (IIPP), Life Saving Rules (LSRs), Heat Illness Prevention, Energy Isolation (LOTO), Confined Space Entry, Personal Protective Equipment (PPE), and Hot Work.
Copies of these policies are provided to all employees. Safety inspections are conducted periodically at our numerous sites to identify and eliminate potential hazards and or risks. PPE is worn to minimize exposure DRAFT 7/23/26 181
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to hazards that can cause serious workplace injuries and illnesses. GreenWaste continues to work with manufacturers, venders, and employees to optimize the use and effectiveness of PPE.
Life Saving Rules: The purpose of the Life Saving Rules (LSRs) is to inform our employees about potential hazards in operations and the rules that must be followed to help prevent injuries and accidents from occurring. An extensive analysis of the potential hazards that may be encountered was conducted at all operations. From the analysis, the LSRs were created and continue to help maintain the well-being of our employees and work to help ensure everyone can return home safely. The likelihood of a serious accident can be reduced when workers all understand, abide, and hold each other accountable. If any worker ever has questions they are encouraged and expected to speak up.
Good Catch Program: The Good Catch/Near Miss program is where employees can report a good catch or close call. Employees can report via QR code or by submitting the Good Catch Form, found at common employee meeting areas. Specific site managers check the Good Catch Forms regularly and enter any new handwritten submissions in the online system where appropriate teams are notified and corrective actions or preventative measures can be taken prior to an incident. Employees can report these anonymously and the program is non-punitive, unless in the process of investigation it is discovered that a policy was broken or a violation occurred.
SafeTV: SafeTV is a long-standing communications platform where employees can find health and safety examples, QR codes to apps, Human Resources news and any other helpful information that benefits our employees. Custom announcements and videos are also created with companywide messaging, and this content is updated weekly so employees can be sure to always find the latest news and information on SafeTV.
Senior Management Inspections & Safety Week: GreenWaste senior leadership conduct site safety walks with site personnel to help identify potential unsafe conditions, safety issues, and discuss GreenWaste safety initiatives and progress. In addition, our Senior Management Team participates in ridealongs and/or other work-related activities such as sorting, to get an idea of the day-to-day operations.
Annually, our safety performance progress is shared and celebrated with all employees during Safety Week.
Employees participate in activities which include safety breakroom decoration contests, NSC Safety survey, heavy equipment simulators, and California Highway Patrol (CHP) driver safety presentations.
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Exhibit 8
Processing and Disposal Facilities
For the purposes of this Draft Agreement, it is assumed that all processing and disposal facilities are those currently used by the City as per the terms of the Agreement.
Disposal Facility. Yolo County Central Landfill,
Materials Recovery Facility. TBD
Organic Waste Processing Facility. Yolo County Central Landfill, Organic Waste operation DRAFT 7/23/26 183
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Exhibit 9
Sustainability and Compliance Plan
GreenWaste’s Sustainability and Compliance Plan outlines policies to support the City's Climate Action Plan, reduce and monitor greenhouse gas emissions, minimize vehicle emissions, and track sustainability progress. The following Sustainability and Compliance Plan outlines policies to support the City's Climate Action Plan, efforts taken to reduce and monitor greenhouse gas emissions while minimizing vehicle emissions, and methods for tracking our overall sustainability progress against our internal benchmarks and environmental goals.
City’s Climate Action Plan Implementation
Alignment with the City of West Sacramento’s Climate Action and Adaptation Plan (CAAP) Supporting the CAAP: GreenWaste actively supports regional and subregional efforts to enhance recycling, reduce waste, and promote product reuse, consistent with the objectives outlined in the CAAP.
Additionally, we prioritize the safe and efficient management of waste, the protection and improvement of air quality through reducing vehicle miles traveled, supporting community composting initiatives, and participating in regional efforts to address climate change. These initiatives reflect both the guidelines set forth in West Sacramento’s CAAP and GreenWaste’s core values and dedication to providing quality service. In accordance with the City of West Sacramento’s CAAP, GreenWaste is committed to investing in the research and development of innovative waste management solutions that align with the City’s sustainability goals.
GHG Emissions
Tracking Emissions: Our emissions tracking methodology references the Greenhouse Gas Protocol Corporate Accounting and Reporting Standard and includes a mix of direct utility meter measurements, invoices, and facility operating reports. Once complete, our inventories offer a holistic overview of operational impacts through which we have identified our most significant emissions sources and opportunities for reduction. Site efficiency measures, lower-carbon mix of electricity programs, renewable and/or alternative fuels, and innovative pilot technologies have all been incorporated as recent reduction measures, and our staff regularly review for additional improvements as they arise.
Once each year during the term of the Agreement GreenWaste will provide the City with a carbon emissions inventory for our collection operations as well as a description of our activities (planned and implemented) to reduce our carbon footprint.
Reducing Vehicle Impacts
GreenWaste will make significant efforts to reduce the impact our collection vehicles have on the community through implementation of the following practices and programs specifically designed for West Sacramento:
• Route Optimization: All collection routes will be optimized to reduce excessive driving and maximize efficiency, resulting in fewer miles traveled. This will not only reduce our emissions and wear and tear on the city’s streets but will also reduce operating costs on each route. • Routing Impacts to City Streets: Routing will take into account the service area’s vicinity to areas of high vehicle and pedestrian traffic. Routes near schools will be serviced when students are in school and not during the morning and afternoon drop-off and pick-up timeframes. • ZEV Fleet Planning: GreenWaste has been on the forefront of ZEV fleet planning and was one of the first solid waste collection companies to pilot all-electric and hydrogen fueled automated collection vehicles. Based on our experiences testing these new technologies, we will guide our DRAFT 7/23/26 184
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fleet planning to incorporate the vehicles that offer the most environmentally sustainable and efficient collection operations.
• Our fleet fueling plan for West Sacramento is to procure and run on Renewable Natural Gas, which is created from organic waste, utilizing one of the many fueling options in Sacramento. • Vehicle Miles Traveled to Facilities: We are proposing to utilize a transfer station in Sacramento, less than 12 miles from West Sacramento, to unload, consolidate, and transfer recyclables to our proposed processing facility located in Lodi. This significantly reduces vehicle miles traveled compared to direct hauling recyclables to another recycling processing facility farther than Sacramento.
• The transfer of recyclables through L& D Landfill to the Cal-Waste MRF in Lodi will be done by large transfer trucks, which will travel 43.8 miles roundtrip. In an effort to maximize efficiencies, we are open to coordinating the backhaul of recovered materials with Cal-Waste. Any backhaul operations will be discussed with the City and tracked accordingly for calculating GHG emissions. • Path of Travel Updates: Routing logistics include updating path of travel to provide for the most efficient and safe operations for not only the community, but also for the driver and equipment. • Vehicle Weights on Roadways: GreenWaste will not use any collection vehicles that are in violation of weight limitations, including any weight limitation placed on any public roadway or alley as adopted and posted by City. This will be achieved by reviewing routes and weight tickets at the end of each route to ensure routes are balanced so maximum vehicle weights are within the limitations.
Sustainability Goals & Tracking
GreenWaste will set, track, and accomplish three unique sustainability goals for our operations in the City of West Sacramento. We propose:
• 100% renewable electricity use for our facilities serving West Sacramento. o In 2024, GreenWaste upgraded our Sacramento facility’s municipal electricity program enrollment into an advanced renewables mix with zero emissions as reported by the California Power Source Disclosure Program. We will explore similar programs for our Fruitridge Corporate Yard. This will include exploring what infrastructure investments can be made at the site to expand renewable energy generation opportunities. If this isn’t feasible GreenWaste will explore if the site can register in a local renewable energy portfolio program to expand the use of renewable energy at the site. o We will achieve this by following and supporting SMUD’s 2030 Zero Carbon Plan. SMUD aims for 100% clean energy by 2030, aiming to eliminate carbon emissions from its power supply.
o Use 100% LED in our Fruitridge Corporate Yard for collection services and at the Florin Perkin’s facility.
o 100% EnergyStar office equipment, as laid out in our EPPP. o Implement a behavioral change policy to reduce energy consumption usage in our office. • Hiring a full time employee dedicated to achieving the goals outlined in our sustainability report, achieving City and CalRecycle diversion requirements, and implementing the recyclable and organic waste programs
• Maximizing the use of recycled water pending a feasibility analysis for applications in truck washes, landscaping and irrigation, and facility maintenance.
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o In recognition of regional drought stress, GreenWaste will conduct a water use audit and identify areas where water can be piped from recycled sources and/or re-used onsite to reduce extraction from stressed local sources. Both the results of the analysis and the planned response will be included in progress reports to the City. o Use 100% recycled water at our Fruitridge Corporate Yard and Florin Perkins facility for feasible operations.
• Promote and support the City of West Sacramento’s “Lawn-Be-Gone” program by providing homeowners with SB 1383 compliant arbor mulch via the City’s voucher program • Decarbonize our fleet and increase fuel efficiency.
o Use 100% RNG for curbside collection trucks.
o Use 100% ZEV/BEV for technical assistance vehicles
o Use 100% renewable diesel for any diesel vehicles
Progress regarding these goals will be included in the annual emissions progress report shared with West Sacramento.
Diversion Requirements
GreenWaste is committed to meeting the City of West Sacramento’s diversion requirements each year and will design, implement, and refine our collection services and outreach programs to meet or exceed the targets set by the City.
Customer Participation: To encourage customers to participate in diversion services, GreenWaste must first ensure that the opportunity exists, in the form of appropriate containers. Once customers have the right containers to be able to divert their material, they also need the knowledge and resources to properly separate their material. To facilitate this, we have developed a comprehensive Public Education and Outreach Plan (PEOP). Resources outlining which materials can go in each container will be available through regular newsletters, emails, on our website, and on the containers themselves. GreenWaste will work with the City of West Sacramento to ensure that all outreach materials are approved and appropriately convey information supported by the City, in the languages required by the Franchise Agreement.
Compliance Review to Improve Diversion: For customers that are subscribed to at least two cubic yards per week of combined Solid Waste, Organic Materials, and Recyclables service, GreenWaste will review their records to determine whether such Customers are subscribed to Organic Waste Collection service or have an applicable waiver. Information will be used to inform service level adjustments for higher diversion.
Landfill Avoidance: GreenWaste will bring our current landfill avoidance policies to West Sacramento through:
• Source separation of organics, recyclables, and MSW at collection utilizing SB 1383-compliant container colors and labeling.
• Reducing contamination through education, inspection, and enforcement • Maximizing organics diversion through composting and supporting edible food recovery programs that divert surplus food to food recovery organizations. • Continuous data tracking, reporting, and outreach to achieve (and potentially exceed) SB 1383 targets.
Route Audits & Reviews: GreenWaste will perform on-going container monitoring of contents through SB 1383 route review audits during site visits, as necessary, to adequately determine compliance and DRAFT 7/23/26 186
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determine if potential changes to service level are required. These evaluations will inform the City and GreenWaste on the effectiveness of the collection services and diversion programs, in addition to specific participation rates by customer and by route. We will gather all relevant data, including service records, billing invoices, route schedules, and GPS tracking information from the collection vehicles, and incorporate these metrics into our overall review for route optimization and efficiencies.
Route Reviews will be conducted in accordance with the requirements of the Franchise Agreement, including the minimum number of accounts to be inspected per route based on route size. Each inspection will involve lifting the container lid and observing the contents for all containers placed for collection, including recyclables containers, organics containers, and garbage containers. The results of each route review will be included in regularly scheduled reports to the City.
Environmental Stewardship
GreenWaste’s commitment to and leadership in sustainability is a core value and we are committed to environmentally responsible operations that maximize diversion to conserve and enhance natural resources and comply with applicable environmental laws and regulations. We diligently pursue strategies to conserve resources and minimize our carbon footprint. We support and align our environmental initiatives with the following United Nations Sustainable Development Goals (SDGs):
• Goal 5: Achieve gender equality and empower all women and girls. • Goal 8: Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
• Goal 10: Reduce inequality within and among countries. • Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable. • Goal 12: Ensure sustainable consumption and production patterns.
GreenWaste has several sustainability program policies and governance documents that are available to all employees and are published on our website: ESG Reporting and Initiatives | GreenWaste. These policies are comprehensive, transparent, and include the following:
• Employee Handbook
• Privacy Policy
• Political Contributions Policy
• Anti-Corruption Policy
• State and Local Conflict of Interest Laws
Policy
• Human Rights Policy
• General Safety Policy
• Life Saving Rules
• Environment and Sustainability Charter
• Board of Managers Services Agreement
• Environmentally Preferable Purchasing
Policy
• GreenWaste Inclusion Policy
• Environmental Policy
In addition to our sustainability policies and programs, we also prepare and publish (each Spring) an annual Sustainability Report that documents our continued efforts implementing, monitoring, and tracking our sustainability programs and practices.
We incorporate sustainable practices across our company operations, from implementing cutting-edge safety technologies (such as thermal imaging installed at our facilities to monitor thermal levels and detect and remote-extinguish fires) to use of alternative energy technologies (such as battery storage and solar arrays) to minimize dependence on fossil electricity sources in the grid.
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GreenWaste’s 2024 Sustainability Report
Highlights of our 2024 Sustainability Report include:
• 45% In 2024, we surpassed our 2030 Total Scope 1 and 2 Emissions Reduction goal of 45% from our 2022 baseline.
• 100% of GreenWaste’s collection fleet is powered by renewable or alternative fuel. • 1.26M GreenWaste diverted more than 1,260,000 tons of material from disposal in 2024. • 300K tons GreenWaste produced more than 300,000 tons of recycled products. • 520K GreenWaste transformed more than 520,000 tons of yard trimmings, food scraps, and other organic material into renewable energy and OMRI-listed organic mulch and compost in 2024.
Green Business Certifications
GreenWaste has received Green Business Certification for many of our offices and facilities throughout Northern California. This effort provides the opportunity to up the ante and strengthen our commitment to the environment as part of day-to-day administrative operations. When GreenWaste built its new main office at the Zanker Resource Recovery Facility in San Jose, it was constructed to LEED Silver Certification and certified as a Green Business in 2013. In 2018, the GreenWaste Watsonville office was certified as a Green Business and plans for further certification are being developed for additional locations. GreenWaste also has several Certified Sustainable/Green Businesses Certifications at these locations:
• GreenWaste Florin Perkins Resource Recovery Facility
• GreenWaste Watsonville Office
• GreenWaste Renewable Energy Digestion Facility
Local Vendors
GreenWaste’s business model is built around environmental stewardship, community investment, and continuous innovation in solid waste and recycling services. Our approach goes beyond regulatory compliance to actively support local climate goals, economic development, and community well-being.
Environmentally Preferrable Purchasing Policy (EPPP): GreenWaste implements a variety of policies and activities to reach our environmental stewardship goals, and we understand the importance of the implementation of an environmentally preferable purchasing policy (EPPP). GreenWaste has created a model for successfully purchasing environmentally preferable products that encourages the use of agricultural fibers, chlorine-free manufacturing processes, wood from sustainably harvested forests, and other environmentally sound practices. Our EPPP is available on our website and is provided to all employees.
Use of Local Vendors: GreenWaste prioritizes the use of local vendors suppliers whenever feasible, strengthening the regional economy and reducing emissions associated with long-distance procurement and transportation. Our operations rely on a local workforce familiar with the community we serve, enabling responsive service delivery, stronger accountability, and long-term institutional knowledge. This local focus supports job creation, workforce development, and reinvestment within the jurisdiction.
Day-to-Day Materials & Services Sourced Locally:
GreenWaste will utilize local vendors for a wide range of routine operational materials and services, including but not limited to:
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• Office Supplies: Procurement of paper products, printer supplies, and general office materials from locally operated office supply providers serving West Sacramento and the greater Sacramento region.
• Tires and Vehicle Services: Purchase of tires, retreading services, and routine vehicle maintenance support from local tire dealers and service providers to ensure rapid response, reduced downtime, and local economic benefit.
• Postage and Printing: Use of West Sacramento area printing, mailing, and graphic service providers for outreach materials, customer notices, and educational collateral, supporting small and mid-sized local businesses.
• Uniforms and Safety Apparel: Procurement of uniforms, personal protective equipment (PPE), and branded apparel through regional vendors, with a preference for West Sacramento–based suppliers for ongoing and replacement needs.
• Janitorial and Facility Services: Contracting with local janitorial and facility maintenance companies for office, shop, and operational facilities, ensuring consistent service while supporting local employment.
GreenWaste will maintain a proactive procurement practice that identifies and evaluates West Sacramentobased vendors as a first consideration for new and replacement contracts related to routine operational needs. This includes maintaining a local vendor list and periodically reviewing purchasing practices to identify qualified local businesses that can support GreenWaste operations.
Local Community Support
For our operations in West Sacramento, we will continue partnerships with local non-profit community groups and are open to supporting additional community groups that align with the City’s Climate Action Plan and GreenWaste’s sustainability goals.
Habitat for Humanity of Greater Sacramento is part of a global, nonprofit housing organization that seeks to put love into action by building homes, communities and hope. Habitat for Humanity of Greater Sacramento is dedicated to eliminating substandard housing locally and worldwide through constructing, rehabilitating and preserving homes; by supporting fair and just housing policies; and by providing training and access to resources to help families improve their shelter conditions.
GreenWaste has been an active member of the Power Inn Alliance since we began operations in Sacramento, more than 15 years ago. Representing over 1,400 businesses and 27,000 jobs, the Alliance champions transportation and infrastructure improvements, public safety, and beautification through abandoned junk clean-ups.
Since 2015, the GreenWaste’s staff from the Florin Perkins Resource Recovery Facility in Sacramento has worked with PRIDE Industries, a local nonprofit that finds job placements for persons with mental and/or physical disabilities. Workers from PRIDE have provided crucial assistance in keeping our facility clean and safe. We consider it a privilege to support career development for those in our communities and will take similar care to provide quality employment opportunities to neighbors of all backgrounds in West Sacramento, including through second-chance opportunity offerings.
New Programs GreenWaste will support in West Sacramento:
Program #1: Supporting the Center for Land-Based Learning GreenWaste will support the Center for Land-Based Learning’s Community Food Program as a comprehensive community benefits initiative that advances local food production, workforce development, DRAFT 7/23/26 189
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environmental education, and small-scale agricultural entrepreneurship in and around West Sacramento.
We are excited to partner with this program that promotes sustainable land use practices, strengthens local food systems, and expands access to fresh, locally grown produce while delivering measurable environmental, economic, and social benefits aligned with City goals.
Through targeted investment and collaboration, the program supports workforce training pathways in urban agriculture and land-based enterprises, building a pipeline of skilled local workers, volunteers, and future agricultural leaders. Participants gain hands-on experience in food production, environmental stewardship, and business readiness, supporting economic mobility and long-term workforce resilience. The initiative also reinforces the local agricultural economy by supporting locally based producers and vendors and increasing opportunities for participation in City and regional contracting.
The program strengthens community resilience by improving food security, supporting climate-smart agricultural practices, and fostering local economic circulation. • Pounds of food distributed to West Sacramento residents: 2,500+lbs donated to Shores of Hope • Number of coordinated food access points supported: Four Mobile Farmers Market Locations • Estimated food waste reduction through system efficiencies • Acres or square footage under cultivation: 1/2 Acres between Sycamore Trail Community Orchard and Riverfront Urban Farm
• Pounds of produce grown and distributed locally: 26,556+lbs • Number of participants trained in sustainable farming practices: 21 Community Food Ambassadors, 10 Interns and 20 Volunteers.
FARMS Program:
The FARMS Program (Farming, Agriculture, and Resource Management for Sustainability) is a multi-tiered, experiential education initiative designed to inspire and prepare high school students for careers in agriculture, environmental science, and related fields.
GreenWaste will also support workforce training in sustainable agriculture practices through the Center for Land-Based Learning’s high school experiential learning and workforce education programs, the FARMS Program and Urban Ag Internship Program. Additionally, we will fun the expansion of our current college internships (volunteer) at Riverfront Farm to create at least one paid position for a college student studying food, agriculture, or environmental sciences.
GreenWaste’s support will include hosting educational programs for students as well as participating in career days at local high schools.
Urban Ag Internship Program:
West Sacramento high school students participate in year-long paid internships to gain skills and experience in sustainable agriculture, workplace readiness and individualized self-development.
GreenWaste will sponsor internships, which consist of multiple pieces: weekly work hours in their school gardens, field trips to community farms, visits from industry guest speakers, and a weekly workforce development class. The synthesis of these experiences provides interns with an opportunity to explore a variety of agriculture and environmental careers, make influential industry connections, develop professional soft skills, and understand what it means to farm for the health of the people and the environment.
Program #2: Mosaic of West Sacramento
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Mosaic West Sac (Mosaic) is home of the Recovery Café and is a safe, healing space that promotes health, friendship, encouragement, hope, and accountability. Their Recovery Café serves daily, free hot meals as well as a walk-up program that serves 100-120 emergency food bags a day. The space also supports weekly Recovery Circles for healing support, a School of Recovery with 6–8-week classes on health, mindfulness, recovery, and personal growth, as well as having an onsite Jobs and Mentoring Academy to provide job skills, training, and vocational mentoring.
GreenWaste commits to directly supporting edible food recovery programs like Mosaic West Sac to expand food recovery capacity in West Sacramento, increase access to nutritious food and reduce food insecurity and food waste.
A partnership between GreenWaste and Mosaic will strengthen local service delivery, expand outreach to vulnerable populations, and support Mosaic’s role as a trusted, community-rooted organization serving West Sacramento residents.
Strategic objectives and implementation include:
• Distribute 25% more emergency food bags a day
• Provide support for a volunteer’s scholarship
GreenWaste is excited to work with organizations like these to help support local food security with urban farms and community gardens, and edible food recovery.
Program #3: CACC Community Compost Hubs:
Commitment to Community Compost:
GreenWaste will work with the non-profit California Alliance for Community Composting (CACC) to support compost giveaways and develop community composting at local gardens. At no extra cost to the City, GreenWaste will fund the development of community compost hubs associated with local gardens. Our goal is to support up to three community compost hubs over ten years. GreenWaste will additionally work with CACC to implement compost giveaways throughout the term of the Agreement. GreenWaste’s Recycling Manager will be the primary point of contact for both programs, and GreenWaste’s outreach team members will provide additional support.
Community Compost Hubs
A community compost hub is where locals donate food waste to make compost for gardens and landscaping in the community. Participants may then take-home community garden produce grown with the compost.
Community gardens help overcome food deserts, which are areas with no nearby grocery stores or where community members lack access to fresh and healthy foods. GreenWaste recommends that food scrap drop off bins be installed at the community compost site where residents can bring their food scraps. If residents would like to participate in the drop-off program, they will go through a short training session to demonstrate that they understand best practices for contributing non-contaminated food scraps. They will then be issued a code to the locked food scrap drop-off bin. This will prevent contamination and illegal dumping at the site.
CACC will support a few small community sites that collectively divert up to 15 tons of food scrap material per year, providing enough capacity to service an average of 44 households per week. This support will include:
• Full/part time employment opportunities to manage composting activities and green space. • Educational/curricular development to engage with local schools.
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• Signage/outreach materials and basic composting infrastructure. • Coordinating/organizing in-person, regional gatherings and meetings. • Technical assistance for planning site designs and composting best management practices.
On average, one 3-bin system will be able to divert 5 tons of food, 4 tons of wood chips, and 1.5 tons of manure resulting in 8 cubic yards of compost annually. Just one small community site such as this can reduce greenhouse gas emissions by 2.33 MTCO2e per year, equivalent to offsetting one diesel truck driving 5,725 miles. There are additional emission reductions of vehicle miles traveled from managing material locally.
Proposed Community Compost Hub locations in West Sacramento: GreenWaste has identified several options for hosting community compost hubs within the City:
New Roots Farm West Sacramento, 461 Regatta Ln, West Sacramento, CA, 95605 The New Roots program helps re-establish refugee ties to the land, celebrate their heritage and nourish themselves and their neighbors. The program works to increase refugee access to and participation in the local food system through agricultural training, food access and security programming, community farming, and business development training.
We Grow Closed Loops, 700 Cummins Way, West Sacramento CA 95605 We Grow is a mission-driven farm committed to supplying high quality seasonal fruits and vegetables to the community surrounding our urban farm in addition to local markets and distribution programs. They also run a Community Supported Agriculture (CSA) program and summer farmstand every Friday.
Three Sisters Gardens, 317 5th St, West Sacramento, CA 95605 Three Sisters Gardens’ main goal is to give back to the community by inspiring and empowering youth through urban farming. Like the Three Sisters legend of companionship planting, Three Sisters Gardens believes that our communities can heal and thrive when all components, the youth, adults, and elders, work together.
Supplemental Composting and Finished Compost Support
GreenWaste will provide SB 1383 procurement services at no cost to the City. This will be completed through our support of the local community compost program, compost and mulch giveaways to customers, engagement with the City and through our compost sales network. These activities would be completed as directed by the City. This is a potential savings to the City of up to $88,000 annually for 4,317 tons of SB 1383 compliant compost.
Compost Giveaways:
Compost giveaways can be located at any of the 50+ public parks within the City of West Sacramento.
These giveaways can be set up at a rotating location on different dates throughout the year for easy access for customers. These events are often held seasonally, typically in the spring and fall, and the compost will be provided in bags. GreenWaste can additionally provide staff and equipment to assist with the giveaways.
This compost will be procured by GreenWaste and will be free to residents to use in their residential gardens and/or lawns. Additionally, the tons of compost given away will be tracked and can be counted toward the City of West Sacramento’s procurement compliance requirement.
Recycled Backyard Compost Bins
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At the City’s option GreenWaste will work with Geobin Composter to recycle the City’s old carts and transform them into backyard compost bins. These will be distributed for free at the Compost Giveaways and other City events that GreenWaste participates in throughout the year.
By recycling previous carts, the City can minimize waste by giving the existing carts a second life, thereby conserving energy, reducing pollution, and lowering carbon emissions associated with production of new carts and the disposal of old carts.
Employee Sustainability Practices
All GreenWaste Management received mandatory training in Corporate Social Responsibility and sustainability programs, to ensure our leaders are equipped to execute our programs in full alignment with our mission and values. In the same year, we expanded our employees’ digital access to our learning management system and empowered them to self-enroll in courses that enrich their professional knowledge and interests, including sustainability topics. Our staff are active and engaged in resources for reducing waste in the community, which we support through ongoing sustainability education and environmental stewardship. All GreenWaste employees were invited to contribute their insights to our 2024-2025 Materiality Assessment and help orient our ESG program reporting to the most relevant and impactful subject areas.
Management Training: Company culture starts at the top, which is why in 2024, all GreenWaste Management received mandatory training in Corporate Social Responsibility and Sustainability programs, ensuring that our leaders are equipped to execute our programs in full alignment with our mission and values. This enables our management team to fully support the employees in their department and to guide them through our programs.
Route Personnel Involvement in Sustainability Programs: GreenWaste route personnel are trusted fixtures in the communities we serve. Our drivers are committed to responsible collection behavior without shortcuts, and will not mix source-separated materials in a collection truck. Dedicated personnel will be trained extensively in Bulky Item collection procedures, to ensure that all material is handled responsibly and to its full diversion potential. In addition to providing collection services, our route staff participate in outreach programs such as Touch-a-Trucks or specialty collection events, which help promote zero-waste practices among the public and throughout the communities we serve. Our route staff are valuable representatives for connecting circular values to tangible sustainability outcomes.
Innovative Approaches
GreenWaste uses innovative technology to monitor and understand the sustainability and compliancerelated processes within our organization into our new GreenWaste360 platform. This will provide unprecedented data access, transparency and analysis for our jurisdictions to view a range of operational, compliance and customer service data through customized portals. This reporting tool is available through the PowerBI platform which integrates data from across our suite of collection and customer service software and technology platforms. This reporting tool will allow the City of West Sacramento to see live data from our various operational areas that will provide key insights into our operations. The platform allows us to generate advanced series of KPI reports that assist in analyzing our operations and provide complex reporting for all jurisdictional or state reporting requirements. This means that “If we can track it, you can see it” through our GreenWaste360 platform.
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Exhibit 10
Education and Outreach Plan
GreenWaste’s Public Education and Outreach Plan (PEOP) is a comprehensive framework for delivering exceptional service, ensuring a seamless transition of operations, and engaging the community effectively utilizing educational materials and robust outreach programs. Information and outreach will be specifically tailored to various customer types, with Residential customers receiving separate outreach materials from Multi-Family Dwellings and Commercial customers.
This plan will be updated annually along with our Sustainability and Compliance Plan and our Contamination Plan.
Implementation – Outreach Materials
In the year leading up to the service transition, we will develop outreach materials for each customer sector.
All public education materials will be produced and/or available in English, Spanish, and Russian, will be approved by the City prior to publishing and/or printing, and will bear the City seal. A record will be kept of all outreach collateral and education materials that are used and distributed to the community. Prior to beginning service, the following materials will be distributed to customers:
Outreach Collateral Timeline Description
Introductory Mailer 120 days prior to start
date (Mar 2027)
Full-color postcard announcing service transition;
trilingual (English/Spanish/Russian); QR code to
website
Service Verification
Letter
90 days prior to start date
(Apr 2027)
Personalized letter with current service levels;
Cart/Bin size selection form; multiple response
options (online, phone, mail)
Follow-Up Mailing 75 days prior to start date
(Apr 2027)
Reminder to non-respondents; additional service
verification opportunities
Comprehensive
Service Guide
45 days prior to start date
(May 2027)
Booklet with service overview; "What Goes Where"
charts; SB 1383 requirements; collection
schedules; customer service contact information
Final Reminder 14 days prior to start date
(June 2027)
Postcard confirming service start date; collection
day reminder; customer service contact
The Comprehensive Service Guide listed above will also be distributed to new customers who start service at any point during the term of the agreement.
Also during the transition period, GreenWaste will develop the first quarterly newsletter. Like all newsletters to be sent to customers throughout the term of the Agreement, this will provide customers with information that will be cycled through the newsletters as it is seasonally relevant:
• Contact information for GreenWaste customer service (to be included in every newsletter) • Our “What Goes Where Guide”, which lists the materials that are suitable for each container DRAFT 7/23/26 194
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• Contamination reduction tips
• Availability of kitchen food waste pails
• Bulky-Item collection, including sorting and packaging procedures • Curbside battery collection
• HHW collection
• Excess leaves collection
• Holiday tree collection and drop-off options
• Container replacement and cleaning options
• Upcoming community events, or spotlights on recent past events • Other information requested by the City
Two different versions of the newsletter will be developed: one for Residential customers, and one for MFD and Commercial customers. All newsletters will be developed with sufficient time before distribution to allow for City to review and approval prior to distribution. Simultaneously, the West Sacramento specific webpage at greenwaste.com/service-areas/west-sacramento will be in development as well. The website will feature Live Chat Support as well as the traditional customer support contact email and phone number.
This site will also contain information about every service that is available to the residents, multi-family properties, and businesses in the jurisdiction. Prior to bringing this website online for public viewing, GreenWaste will present it to City staff for full review.
GreenWaste will also provide our Mobile App to West Sacramento, where customers may login and find out more about our services. Customers can enter their service address so that information on the App will be tailored to the West Sacramento collection program. The App will provide multiple uses for better customer service, in addition to the “What goes Where?” feature to assist in guiding customers to proper waste sorting and diversion.
GreenWaste will develop outreach materials for MFD and Commercial customers to inform them of the City’s new requirements for Mandatory Service. Customers will be invited to subscribe to additional Recycling and Organic Waste subscription services and will be provided with instructions for what should be placed in each container and tips for reducing contamination.
Additionally, GreenWaste will use the transition period to develop all container labels, for both carts and bins, as well as the initial designs for the collection truck side displays.
Implementation – Site Visits and Waste Audits
GreenWaste will support MFD and Commercial customers through the introduction of Mandatory Service, mandating subscription to recycling and organic waste collection services. Support will include individualized phone consultations, site visits, and waste audits, to determine the appropriate and most cost-effective configuration of containers for each account.
Prior to commencement of service, GreenWaste will use the data provided by the previous hauler to develop a schedule of site visits and waste audits for MFD and Commercial customers. This schedule will prioritize accounts with high garbage subscription levels and little or no diversion services. At a minimum, we will conduct site visits to 200 customers each year. Further, all Commercial and MFD Customers in the City will receive a site visit from GreenWaste to affirm proper sorting procedures and sizing of Containers at least once every five (5) years. These visits will be scheduled at the convenience of the customer, to ensure customer willingness and participation. At each site visit, a GreenWaste representative will assess the current waste subscription, speak with the customer about their needs and activities, provide information DRAFT 7/23/26 195
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about SB 1383 requirements and the City’s Mandatory Service program, provide documentation about properly sorting materials and reducing contamination, and provide the customer with any subscription adjustment recommendations. GreenWaste will also use the transition period to select the first several customers who will receive a more comprehensive waste audit. With the aim of one waste audit per month, but a minimum of ten per year, these waste audits will contain all the previously described elements of a site visit but will include visual waste audits of the customer’s containers, assessment of service level, assistance with implementation, and a summary memo to be provided to both the City and the Customer.
Later, GreenWaste will perform a follow-up visit to assist the customer in implementing the recommendations provided during the first visit. For each waste audit, GreenWaste will create a report, to be submitted to the City, identifying the starting service levels, any education, recommendations, and training provided to the customer, and the customer’s final service levels after the audit.
While these site visits and waste audits will not begin until July 2027, GreenWaste will use the transition period to train outreach personnel, develop an initial outreach schedule, create any outreach materials that will be distributed during these visits and audits, and develop a report format for submission of waste audit results to the City. As with all outreach materials, GreenWaste will present these materials to the City for approval prior to customer distribution.
1. Ongoing Outreach Efforts
The outreach programs implemented above will continue through the term of the agreement. We will distribute newsletters, conduct site visits and waste audits, and maintain our website with current information. Throughout the agreement, GreenWaste will also engage with West Sacramento in a variety of ways, including school presentations, design contests, exemplary customer recognition and rewards, festival sponsorship and participation, and robust outreach reporting to the City.
GreenWaste will provide the following ongoing outreach services:
• A minimum of 200 annual site visits to Commercial and Multi-Family customers, with each individual customer visited a minimum of every five years
• Ten annual waste analyses for generators that have 20+ cubic yards of weekly garbage service • Expanded Public Education, Community Giving, and Technical Assistance Programs. GreenWaste will expand the current Public Education program to include these value-added benefits:
• 500 free compost kitchen pails to be given away for free at events each year • A minimum of 5 and up to 10 town halls, workshops, and new contract info sessions for customer onboarding three months before contract start and nine months after contract start
• Community event sponsorships totaling $25,000 per year • $10,000 per year in scholarship program for college-bound high school seniors • Video FAQ series produced specifically for onboarding West Sacramento customers, including Single-Family, Multi-Family, and Commercial customer-focused trainings • Job fair located in West Sacramento for all job positions required for these services. • Visit a minimum of five C&D roll-off containers per month • New service guides tailored to customer types
• Compliance reviews
Schools: Each school in West Sacramento will be visited at least two times per year. A contact list and log of process with each school will be kept and documented in our annual reports to the City. Each school visit DRAFT 7/23/26 196
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will be tailored to the age of the children, and will include any of the following elements appropriate to the audience:
• Age-appropriate presentations and classroom activities o Importance of recycling
o What Goes Where games
o The 5 Rs (Refuse, Reduce, Reuse, Recycle, Rot)
• Posters and signage specifically for school and younger audiences • Recycling demonstrations
• Truck visits to the school
• On-site classroom visits and technical assistance
• Coloring books for children
• Assistance with the School’s Recycling Program
Exemplary Customer Awards
GreenWaste will select one Multi-Family or Commercial account per quarter as an example of exemplary environmental sustainability efforts. These customers will be publicly acknowledged on our website, in newsletters, and in social media stories/posts. Additionally, GreenWaste will award the top performing MultiFamily or Commercial customer with a $500 one-time credit to their bill or 50% off one month of their service, whichever is less.
Design Contests: We will hold an annual art contest for children in West Sacramento. This contest will be advertised in our school outreach, as well as on our website and in newsletters. Each year, the winning piece of artwork will be put on a truck sign, with the first name and the age of the child and will be visible to all as the truck runs its route through town.
Community Groups and HOAs: GreenWaste will provide community groups and HOAs with the opportunity for presentations and sorting demonstrations aimed at identifying diversion leaders and ambassadors who can assist in further education efforts via a grassroots approach. We will also support neighborhood cleanups and sustainability events, and additional educational opportunities, as needed or upon request. GreenWaste will conduct a minimum of 5 such presentations or educational events per year.
Public Facilities: GreenWaste will provide signage, posters, and container right sizing aimed at decreasing disposal, limiting contamination, and targeting diversion opportunities at public facilities. We will arrange for annual City staff training events that rotate between City buildings, parks, community centers, senior centers, and transit locations, at the request or advisement of the City, and will be available for additional educational opportunities as needed or upon request.
Special Events: We will work with the City to identify special events where our presence, in the form of waste management, public education booths, or other support, would be welcome. We can provide garbage, recycling, and organic waste stations throughout the event, with trained waste collection station monitors to reduce contamination. Public education booths will be staffed by GreenWaste and will have educational and fun outreach materials available for distribution. After each event, we can provide the City with reports on the material collected, and the number of customers reached.
Outreach Messaging
GreenWaste’s education and outreach programs emphasize the environmental, economic, and community benefits of proper sorting, waste reduction, and participating in diversion programs.
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In addition to describing the services available, our outreach materials will also include information about the following topics:
Organics Diversion and SB 1383 Compliance:
• Clear messaging on what belongs in the green cart in order to comply with SB 1383 regulations. • Food waste reduction strategies
o Buying Less – avoid buying large quantities of food if only small quantities are needed and the remainder will go to waste
o Use It Up – store and eat leftovers, instead of tossing them o Compost – how to compost at home, and what community composting options exist • Edible food recovery partnerships with local nonprofits • Technical assistance for generators to meet SB 1383 requirements • Why food waste should stay out of the landfill
Recycling Right:
• Clear messaging on what belongs in the blue cart in order to comply with SB 1383 regulations and the emerging SB 54 messaging once better defined.
• Education on common contamination issues
• Guidance on what container is for plastics, cardboard, glass, and metals with a clear message on why recyclables should stay out of landfills
• Seasonal reminders on problem materials and additional collection services offered during certain seasons and holidays
Waste Reduction and Reuse:
• Promotion of the 5 Rs: Refuse, Reduce, Reuse, Recycle, and Rot • Encouraging donation, repair, and reuse options through promotion of local and community resources that are specific to West Sacramento
• Highlighting local businesses and community partners that are focused on environmental sustainability efforts
Customer Empowerment:
• Use of the GreenWaste mobile application for Android and Apple devices for collection calendars, service scheduling, and secure payment options
• West Sacramento specific website page on www.greenwaste.com • Use of the What Goes Where search tool
• Clear and multilingual materials that simplify complex regulations Corrective Notices:
In situations where we identify contamination, improper container set-out, overloaded containers, or other issues, our drivers will leave the customer a Corrective Action Notice, identifying the issue. These notices are meant to inform the customer of how to correct their behavior, and tracking these notices allows us to monitor accounts for ongoing problems that require further intervention.
2. Outreach Planning
Annual Plan Development includes the following:
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• Review of prior year activities, successes, and challenges • Evaluate performance using deadlines, deliverables, and contamination or participation data • Identify regulatory requirements and City priorities
• Develop a comprehensive PEOP for City review and approval • Provide the City up to 30 days to review and request modifications within the scope of the Agreement
Quarterly Review & Continuous Improvement involves:
• Meeting with City staff quarterly to review progress and evaluate effectiveness • Adjust messaging, timelines, or materials based on real time data and City direction • Analysis of the effectiveness of various education campaigns, as judged by customer participation, changes in the nature or amount of materials collected in each waste stream, or other identifiable and measurable metrics relevant to the campaign
• Identification of any specific areas that should be the focus of future campaigns
3. Outreach and Education Reporting and Collaboration
GreenWaste will work closely with the City of West Sacramento to ensure alignment, transparency, and responsiveness by meeting regularly and collaborating throughout the term of the Franchise Agreement.
Outreach will include:
• GreenWaste attendance at ten public events
• Commitment to visit a minimum of five C&D roll-off containers per month • New service guides tailored to customer types
• Compliance reviews
Collaboration will include:
• Annual PEOP, collaboration, and approval by city staff to address most pressing needs of the community
• Monthly and quarterly review meetings with city staff and city council updates during public comment periods
• Joint planning for events and campaigns
• City approval of all outreach materials prior to distribution • Coordination on service changes (i.e. routine overage/contamination occurrences, route efficiencies, customer needs and limitations, and new/ongoing regulatory compliance requirements)
Reporting will include:
• A description and samples of all outreach materials distributed • Reporting on outreach activities and contamination trends for SB 1383 compliance purposes • Non-collection notices distributed
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Exhibit 11
Contamination Reduction Plan
Customer Education & Outreach
Initial Education: GreenWaste will implement a comprehensive initial education program to ensure all Service Recipients understand proper sorting procedures for Recyclable Materials, Organic Waste, and Garbage from the start of service. Our approach includes multiple touchpoints and formats to reach customers effectively. Refer to Exhibit 10 for details on our introductory communication, outreach collateral, and additional educational resources we will utilize to communicate with the residents and businesses in West Sacramento. All initial education materials will be submitted to the City for approval prior to distribution and will bear the City seal as appropriate.
Container Labeling: All recyclable materials and organic waste containers will be affixed with SB 1383- compliant stickers that clearly list acceptable materials. Each sticker will include a QR code linking to sorting guidelines on the future GreenWaste West Sacramento website, providing customers with immediate access to educational resources. These labels will be designed using universal icons and color-coding for comprehension across all literacy levels. Stickers will be replaced when wear and tear inhibits clarity or cleanliness or upon change in the list of Acceptable materials.
Multi-Family & Commercial Initial Assessments: For Multi-Family and Commercial customers, GreenWaste will perform comprehensive waste assessments so that each Commercial customer and MultiFamily dwelling will be visited at least once every five years, with a minimum of 200 site visits per year. The visits will include:
• Verification of existing service levels and equipment • Property/facility walk-through to identify container placement and access • Education of customers on recycling requirements and responsibilities of property owners and managers
• Lid-flip observations to verify container contents
• Volume checks to determine whether containers are consistently overflowing or underutilized • Distribution of Welcome Packet and educational materials • Solid waste audits to help determine correct service levels for Customers with repeated overages.
Further, for Multi-Family & Commercial Accounts a Compliance Review will be conducted each year starting in 2027. This will generally ensure adequate service levels are accounted for, or that an applicable waiver is in place. These reviews will also be included in an annual report to the City.
Those customers found wanting will be sent SB 1383, AB 341, and AB 1826 compliance notices annually as appropriate. GreenWaste will also conduct a site visit to each Commercial and MFD Customer in City that is determined to (a) not be enrolled in 3-Container Collection service, and (b) not be eligible for a waiver based on the City determination.
Ongoing Education: GreenWaste will routinely review operational data, contamination trends, service request patterns, waste assessment findings, and route observations to update outreach materials and provide additional support for customers with persistent challenges. Periodic refresher training will be conducted for Multi-Family and Commercial customers to recommend service level adjustments that increase recycling and organics diversion. GreenWaste will provide customers with ongoing communication and access to technical information and education utilizing many outlets, including site visits, printed guides, how-to videos, posters/stickers, and more.
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Topics of such outreach and technical information will cover the following:
• Source reduction strategies such as smart purchasing, reuse options, and food waste prevention • Recycling stream optimization, including material preparation and contamination avoidance • Organics separation best practices and available resources (kitchen pails, signage, and tips) • Proper hazardous materials disposal
• Regulatory updates, including SB 1383 requirements
• Ongoing education will also be delivered through quarterly mailed or emailed educational pieces highlighting recycling and organics best practices, regular bill inserts with simple how-to guides, and digital communications via the GreenWaste future West Sacramento website and social media.
Bagged Recyclables Targeted Education: GreenWaste will build and implement a targeted, hands-on program to correct contamination relative to bagged Recyclable Materials and Organic Waste. This program will provide customers with the information and resources needed to improve sorting, with a focus on swiftly resolving ongoing bagged recyclables or organic waste concerns so that more capacity will be available to target other contamination issues. The targeted bagged recyclables program will include:
• Direct customer contact when bagged materials are observed in recycling or organic waste containers
• Distribution of educational materials explaining why loose materials are required for proper processing
• Site visits for customers with repeated bagged material issues to provide hands-on assistance
• Follow-up verification to confirm behavior change
Contamination Monitoring Plan
We employ multiple strategies to meet SB 1383 compliance and outreach education requirements that focus on reducing contamination in all containers, including the development of AI camera technology to document contamination and optimize customer service at the source with our GreenWaste 360 program. 3rd Eye Camera & GPS System: All GreenWaste collection vehicles will be equipped with the 3rd Eye camera system, which provides advanced monitoring and documentation capabilities essential to contamination reduction:
AI-Powered Contamination Detection: Real-time identification of prohibited materials in recycling and organics streams, providing immediate feedback on container content without manual inspection Overage Detection: Automated identification of overfilled containers, supporting documentation for extra service charges and triggering outreach for service level adjustments Multi-Angle HD Cameras: Front-facing, rear-view, hopper-mounted, and side-mounted cameras providing complete visual documentation of every collection event Hopper Camera View: Camera view inside the hopper gives early warning to drivers of contamination in the load as materials are emptied, allowing for real-time identification of problem accounts Automated Photo/Video Capture: Every collection stop is documented with embedded GPS coordinates and timestamps, creating complete service documentation with minimum 30-day backup/storage capacity Positive Service Verification: Software feature records details of each container as it is being emptied, helping identify the source of improper sorting and capturing when a container could not be serviced due to contamination or overfilling
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Integration with Tower: Real-time data integration with the AMCS Tower fleet management and customer service system enables immediate documentation of contamination events, automatic notification to CSRs, and tracking of contamination occurrences by account
The 3rd Eye system enables GreenWaste to monitor contamination rates by route, identify highcontamination areas requiring enhanced customer education, and provide photographic evidence to support customer communication and outreach efforts. Monthly analysis of contamination data allows GreenWaste management to monitor the frequency of contamination events over time and determine where additional outreach campaigns are needed.
Role of Route Personnel: Drivers are the first line of defense when it comes to contamination. In residential collection, contamination can be challenging to document prior to collection due to the use of fully automated vehicles. Prior to collection, there may be some instances of contamination visible to the drivers, such as large pieces of unacceptable material propping carts open. In these cases the system will be used to document photos of the contamination ahead of the container being dumped, where the images will be tracked to the customer account. In addition, the drivers will be able to watch the material as it dumps into the hopper and visually identify contamination as the container dumps. As technology progresses, the AI systems will also be able to identify potential contamination. In these instances, the photos are sent to the CSRs with the customer information tagged to the photo. CSRs review the photo and confirm the contamination, then provide educational information to the customers on proper sorting requirements. The account is flagged for the driver to inspect for contamination on the next regular collection day.
When excessive contamination is found, the driver will leave behind a Courtesy Notice and will notify Dispatch/CSRs so that the instance of contamination can be noted in Tower, along with a photo taken by the driver. The notation in Tower will include the specific type of contamination so CSRs can contact the customer and inform them of the contamination. CSRs will work with the customer on collection opportunities for left-behind material, if applicable, which will include the removal of the problem material, or payment of a contamination charge and/or return trip.
GreenWaste will do its best to mitigate ongoing overflowing container situations by tagging the containers with Non-Collection Notices, which will serve as additional education to the customer about service levels, collection frequencies, and subscription options available. Drivers will take photos and attach them to the customer's account in Tower, which will be available for CSRs and Outreach Staff in order to help demonstrate the need to adjust containers, service levels and/or subscription options with the customer. If the overflow is significant, the driver will leave a Non-Collection Notice and notify Dispatch, and they will pass this along to CSRs so that the customer can be notified of the issue and available collection options.
This typically includes removing the excess material, placing the extra items in bags and/or the appropriate container, and scheduling a site assessment with our Outreach team to discuss additional training, outreach, and service-level issues in person.
Route Reviews
GreenWaste will perform on-going container monitoring of contents through SB 1383 route review audits during site visits, as necessary, to adequately determine compliance and if potential changes to service level are required. Route Reviews will be conducted in accordance with the requirements set forth in Section 21.5.4 of the Agreement. The number of containers to review per route will be calculated based on the number of garbage accounts for one week and the minimum number of accounts to review. We will inspect at least the minimum number of accounts and can inspect more if the City deems it necessary. Each inspection will involve lifting the container lid and observing the contents of all containers placed for collection, including recyclables containers, organic containers, and garbage containers. Results of each route review will be reported in the next regularly scheduled report to the City.
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Contamination Noticing & Adequate Service Levels
GreenWaste will implement the contamination and overage program in accordance with Section 5.12 and Exhibit 14 of the Agreement, which is designed to provide a feedback loop to drive effective behavior change and to help the City achieve diversion goals. The program will not be punitive and will only be used to the extent that it improves diversion, supports proper sorting behaviors, and facilitates safe and effective operations.
Ensuring Adequate Service Levels: GreenWaste recognizes that contamination issues often stem from inadequate service levels that do not support proper sorting of all three waste streams (garbage, recyclable materials, and organic waste). As part of our contamination reduction approach, GreenWaste will:
Analyze customer service levels to identify accounts that may be underserved Conduct service optimization assessments during site visits to determine appropriate container sizes and collection frequencies
Recommend service adjustments to customers whose current service levels do not adequately accommodate their waste generation
Work with customers to right-size services, which may include reducing garbage service while increasing recycling or organics capacity
Positive Feedback for Proper Sorting
Elements of GreenWaste’s positive feedback program will include:
Congratulatory Message After Grace Period: Customers that successfully did not contaminate or overflow containers during the 9-monht grace period will be sent a congratulatory postcard notifying them of their successful diversion of materials.
Recognition Tags: Drivers and outreach staff will leave positive feedback tags or stickers on containers that demonstrate excellent sorting practices, thanking the customer for their participation Customer Communication: CSRs and outreach staff will provide positive feedback during customer interactions when accounts demonstrate consistent proper sorting Recognition Programs: GreenWaste will work with the City to develop recognition programs that highlight customers or neighborhoods with exemplary participation in recycling and organics programs Progress Reporting: GreenWaste will track and share positive metrics with customers, such as improvements in contamination rates or increases in diversion, to reinforce the collective impact of proper sorting
Community Celebration: GreenWaste will support City efforts to celebrate community-wide achievements in waste diversion and contamination reduction
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Exhibit 12
Reporting
1. AB 341, AB 939, AB 1594, AB 1826, and SB 1383 monitoring and reporting GreenWaste will submit monthly, quarterly, and annual reports to the City for the length of the Agreement commencing upon final approval of Award. These reports will be submitted electronically, in a format acceptable to the City, and will contain all information required to demonstrate compliance with local, State, and Federal regulations. GreenWaste will also incorporate recordkeeping and reporting measures and will be in effect at the commencement of services to document compliance with SB 1383.
AB 341: GreenWaste will assist the City of West Sacramento in compliance with this ordinance by identifying customers to whom this regulation applies and focusing outreach efforts on bringing them into compliance with mandatory recycling requirements. GreenWaste will provide the City with lists of all business and multi-family customers who subscribe to four or more cubic yards of service and indicate which of those subscribe to recycling services and are complying. Due to the non-exclusive nature of diversion services to commercial customers, GreenWaste may be providing garbage service while a different hauler provides recycling service. In those cases, we will be limited to identifying the customers to whom AB 341 applies, without full knowledge of their service subscriptions. It would therefore fall to the City to supplement GreenWaste’s subscription information with data provided by other service providers to determine the final compliance status of commercial customers.
AB 939: GreenWaste will assist the City by implementing robust diversion programs and encouraging customers to subscribe to those services and utilize them to their full potential. Monthly reports will include the material diverted and landfilled from GreenWaste’s collection operations in the City of West Sacramento.
AB 1594: GreenWaste is investing in CNG collection vehicles that can easily incorporate Renewable Natural Gas (RNG) when available without having to make significant modifications to the fueling system, saving time and money. We will continue to maintain and upgrade our fleet to include fuel-efficient and low/zero-emission vehicles as technologies advance and become available.
AB 1826: GreenWaste will assist the City in compliance with this regulation by identifying customers to whom this regulation applies and focusing outreach efforts on bringing them into compliance with mandatory organic service requirements. GreenWaste will provide the City with lists of all customers to whom this regulation applies, and indicate which of those customers are subscribed to organic waste service through GreenWaste.
SB 1383: GreenWaste will first assist the City in complying with this regulation through our curbside organic waste collection program. GreenWaste’s outreach efforts to residents will focus educating on proper organics separation and food waste reduction. GreenWaste will also regularly conduct the route audits required under SB 1383, to identify sources of contamination and monitor customer compliance with setout guidelines. GreenWaste will provide the City with reports documenting SB 1383 non-compliance and the following details:
• Route Audits: we will gather relevant data, including service records, billing invoices, route schedules, and GPS tracking information from collection vehicles by route to evaluate containers for contamination and participation. Customers will be provided with educational outreach materials on sorting guidelines and set-out requirements as needed. GreenWaste will work closely with the City to ensure SB 1383 enforcement activities are completed and tracked to ensure the City is fully prepared to demonstrate regulatory compliance.
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• Edible Food Recovery: We will collaborate with local non-profits that specialize in edible food recovery to ensure food waste is not only collected but processed and repurposed to support a more circular economy.
• Procurement: GreenWaste has identified that West Sacramento will need to procure 4,317 tons of mulch (or equivalent) to meet SB 1383 requirements. GreenWaste will work with its composting partners to secure procure eligible goods for the City, if needed. GreenWaste can assist the City by back-hauling one transfer trailer of compost per week to City parks and roads and assist in Citysponsored compost giveaway programs to residents. GreenWaste will assist the City in preparing annual reports to CalRecycle (Electronic Annual Report) as well as SB 1383 Implementation Record reports by supplying required data and data input, as necessary.
2. Method used to track tonnage collected
GreenWaste maintains records on every load of material collected, in the form of weight tickets issued by the receiving facility. GreenWaste will not commingle material from the City of West Sacramento with that of any other jurisdiction, thereby ensuring that all material attributed to the City is done so accurately.
GreenWaste will provide the City with a summary of all waste collected (Refuse, Recyclable Materials, Organic Waste), including sub-categories (e.g., paper, food waste), the facilities where waste was delivered, weight in tons, and tipping receipts if requested by the City. GreenWaste will provide this information to the City in the form of monthly, quarterly, and/or annual reports in accordance with Article 23 of this Agreement.
All records and reports pertaining to West Sacramento operations will be kept and preserved during the term of the Agreement and for a period of not less than 5 years following expiration of the Agreement.
Records will be maintained for inspection and audit during business hours.
3. Tracking and reporting complaints and dispute resolution Each time a complaint is made by a customer, that information is entered into the customer’s account in Tower. The resolution of this complaint is also recorded. This allows us to retrieve this information both for our own training purposes and for reporting to the City. This information will be compiled and included in reports to the City in accordance with Article 23 of this Agreement.
4. Tracking and reporting against performance standards GreenWaste will provide the City of West Sacramento with monthly, quarterly, and/or annual reports across a range of various contract activities to document compliance with the performance metrics outlined in Exhibit 5. This information will be compiled from various sources including customer information in AMCS Tower, weight tickets, site visit reports, operational logs, and any other required sources.
5. Sustainability and GHG emissions reduction and tracking GreenWaste will provide the City with each of our annual Sustainability Reports as they are published.
These reports document operational performance, environmental impacts, and continuous improvement initiatives across all lines of service and they provide transparent, data-driven documentation of diversion performance, fleet operations, organics processing, and emissions management. Sustainablility Reports are prepared in alignment with applicable state and regional reporting frameworks and best practices.
Greenhouse Gas Emissions: GreenWaste will provide the City of West Sacramento with regular reporting on greenhouse gas (GHG) emissions and emissions reductions associated with collection, processing, and diversion activities. This includes tracking and quantifying emissions avoided through increased outreach for recycling and organics diversion, ZEV transition plans and renewable fuel use, route optimization, and other operational efficiencies.
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GHG Inventory Reporting: In the past, GreenWaste utilized Cameron-Cole, an independent GHG emissions inventory third-party verifier. Cameron-Cole conducted verification activities in alignment with the principles of ISO-14064-3:2019(E) Specification with guidance for the verification and validation of greenhouse gas statements. GreenWaste’s GHG statement was prepared to, and verified against, the WRI/WBCSD GHG Protocol.
Reporting to the City: Sustainability and GHG reporting will be delivered on an agreed-upon schedule and may be incorporated into the City’s broader climate, sustainability, and compliance reporting, providing decision-makers with clear, actionable information to measure progress toward established environmental objectives. Annually throughout the term of the Agreement, GreenWaste will provide the City with a carbon emissions inventory for all our operations in connection with services performed under the Agreement. This report will include a description of our activities (both planned and implemented) taken to reduce our carbon footprint.
6. SB 1383 compliance tracking software
As part of it’s support to the City, GreenWaste will provide a free of charge annual subscription to software for SB 1383 compliance tracking.
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Exhibit 13
Acceptable Recyclable Materials, Acceptable Organic Waste Acceptable Organic Waste
Material
Class
Material Type Form Guidance Description/Examples
Food and
Food Waste
Food and
Food Waste
All Forms of
food and food
waste
Means Food Waste as described in Section 1.57.
Green
Waste
Green Waste All Forms of
green waste
Means Green Waste as described in Section 1.62 and is
capable of being containerized. This category may exclude large or heavy Green Waste that requires special pick-up.
Manure Animal
Bedding and
Manure
Some animal
bedding and
manure
Includes manure and animal bedding from primarily
herbivorous animals such as chickens, rabbits, and horses.
Paper and
Fiber
Kraft Paper All Forms w/o
plastic
component
Means paper derived from wood pulp using the kraft
process without a plastic component, usually brown but can be white or colored. Examples include packaging paper,
pouches, butcher paper, filler/cushioning paper, floral arrangement wrapping paper, shipping tubes, envelopes,
and boxes.
Paper and
Fiber
Molded Fiber All Forms w/o
plastic
component
Means paper fiber molded to shape and designed without a plastic component. Examples include molded egg cartons, shipping trays, and packaging inserts.
Paper and
Fiber
OCC Waxed
Cardboard
w/o plastic
component
Means cardboard made of waxed paper laminate, usually
composed of three layers with a center wavy layer
sandwiched between two outer layers, without a plastic
component. Examples include produce boxes made with
natural wax.
Paper and
Fiber
OCC Cardboard
w/o plastic
component
Means paper laminate, usually composed of three layers
with a center wavy layer sandwiched between two outer
layers, without a plastic component. This does not include waxed cardboard. Examples include boxes, honeycomb
pads, corrugated wrap, trays, and box dividers.
Paper and
Fiber
White Paper All Forms w/o
plastic
component
Means white paper without a plastic component. Examples include white envelopes used as packaging, such as for
shipping a small good; and white expandable packing
paper.
Paper and
Fiber
Other/Mixed
Paper
All Forms w/o
plastic
component
Means other or mixed paper/fiber without a plastic
component that does not fit into any other category.
Examples include non-plastic based waxed paper bags and liners, and glassine envelopes.
Paper and
Fiber
Paper and
Fiber
Small – Two
or more sides
measuring 2”
or less w/o
plastic
component
Means any paper without a plastic component that has two or more sides measuring 2 inches or less without plastic component. Items with two or more sides measuring 2
inches or less that meet the APR Design Guidance
Preferred assessment for the design feature of “size sorting potential” (i.e., average capture rate of at least 90% of items remaining inside the screening box) should not be
categorized into this category. Examples include small
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paper cushioning, crinkle paper cushioning, sugar packets, and wrappers for food.
Plastic Plastics and
Polymers
Designed for
Compostability
Rigid Items Means a rigid item that is designed and marked for compostability and that meet ASTM D6400 compostable
standards. Includes rigid foamed food packaging. Examples include takeout containers, cups, utensils, plates, and food packaging, such as an herb container or produce container.
Plastic Plastics and
Polymers
Designed for
Compostability
Flexible and
Film Items
Means flexible plastic or film item that is designed and marked for compostability and that meet ASTM D6400
compostable standards. Examples include takeout bags
and bags used for food packaging.
Wood and
Other
Organic
Materials
Wood All Untreated
Forms w/o
plastic
component
Means items made of unpainted and untreated wood
without a plastic component. Examples include wooden
crates, boxes, and pallets.
Wood and
Other
Organic
Materials
Other/Mixed
Organic
Other Forms
w/o plastic
component
Means items without a plastic component made of
nonsynthetic material that does not fall into any other category. Examples include mushroom, coconut, and
bamboo packaging.
Wood and
Other
Organic
Materials
Wood and
Other Organic
Materials
Small – Two
or more sides
measuring 2”
or less w/o
plastic
component
Any wood or organic-based packaging with two or more
sides measuring 2 inches or less without a plastic
component. Items with two or more sides measuring 2
inches or less that meet the APR Design Guidance
Preferred assessment for the design feature of “size sorting potential” (i.e., average capture rate of at least 90% of items remaining inside the screening box) should not be
categorized into this category. Examples include cork,
wooden lids, excelsior cushioning, starch packing peanuts, cotton cord, and twine.
Acceptable Recyclable Materials
Containers are expected to be mostly free of what they were originally holding (i.e. a water bottle should not be full, a soup can should be empty, etc.).
Material
Class
Material
Type
Form Guidance Description/Examples
Glass Glass Bottles and
Jars w/o
plastic
component
Means glass bottles, jugs, and jars without any plastic component. Examples include jugs, jars, and bottles used to package food and personal care products, salad dressing, and sauces.
Glass Glass Bottle and
Jars w/
plastic
component
Means glass bottles, jugs, and jars with a plastic component.
Examples include jugs, jars. and bottles used to package food and personal care products, salad dressing, and sauces.
Glass Glass Small – Two
or more
sides
measuring
2” or less
w/o plastic
component
Means any glass with two or more sides measuring 2 inches or less without any plastic component. Items with two or more sides measuring 2 inches or less that meet the APR Design Guidance Preferred assessment for the design feature of “size sorting potential” (i.e., average capture rate of at least 90% of items remaining inside the screening box) should not be categorized into this category. Examples include small jars and DRAFT 7/23/26 208
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bottles for cosmetic or food products, such as sample jars or droppers.
Glass Glass Small – Two
or more
sides
measuring
2” or less w/
plastic
component
Means any glass with two or more sides measuring 2 inches or less with a plastic component. Items with two or more sides measuring 2 inches or less that meet the APR Design Guidance Preferred assessment for the design feature of “size sorting potential” (i.e., average capture rate of at least 90% of items remaining inside the screening box) should not be categorized into this category. Examples include small jars and bottles for cosmetics, such as sample jars or droppers, or food products.
Metal Aluminum Non-aerosol
container
w/o plastic
component
Means any aluminum non-aerosol container without any plastic component. Does not include aluminum foil molded containers.
Examples include cans and bottles for food and personal care products, collapsible tubes, cosmetic boxes and tins.
Metal Aluminum Non-aerosol
container w/
plastic
component
Means any aluminum non-aerosol container with a plastic component. Does not include aluminum foil molded containers.
Examples include cans and bottles for food and personal care products, collapsible tubes, cosmetic boxes and tins.
Metal Aluminum Foil sheets
w/o a plastic
component
Means aluminum foil or aluminum items in the form of a sheet or wrap without any plastic component. Examples include foil sheets for packaging and foil lids.
Metal Aluminum Foil sheets
w/ a plastic
component
Means aluminum foil or aluminum items in the form of a sheet or wrap with a plastic component. Examples include foil sheets for packaging or food service ware and foil lids.
Metal Aluminum Foil Molded
Containers
w/o plastic
component
Means aluminum flexible molded container without any plastic component. Examples include trays, pie plates, or pans used for food and pet food products, such as pie tins with pre-made crusts and aluminum trays containing frozen foods.
Metal Aluminum Foil Molded
Containers
w/ plastic
component
Means aluminum flexible molded container with a plastic component. Examples include trays, pie plates, or pans used for food and pet food products, such as pie tins with pre-made crusts, aluminum trays containing frozen foods, and takeout containers.
Metal Aluminum Other Forms
w/o plastic
component
Means any aluminum item without any plastic component, other than aluminum non-aerosol containers, foil sheets, foil molded containers, or aerosol cans. Examples include large lids.
Metal Aluminum Other Forms
w/ plastic
component
Means any aluminum item with a plastic component, other than aluminum non-aerosol containers, foil sheets, foil molded containers, or aerosol cans. Examples include large lids.
Metal Tin/ Steel/
Bimetal
Non-aerosol
container
w/o plastic
component
Means rigid tin/steel/bimetal non-aerosol containers without any plastic component. Examples include cans for food products such as soup, meat, and ground coffee, boxes, and tins.
Metal Tin/ Steel/
Bimetal
Non-aerosol
container w/
plastic
component
Means rigid tin/steel/bimetal non-aerosol containers with a plastic component. Examples include cans for food products such as soup, meat, and ground coffee, boxes, and tins.
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Metal Tin/ Steel/
Bimetal
Other Forms
w/o plastic
component
Means other tin/steel/bimetal items without any plastic components, other than non-aerosol containers. Examples include large lids.
Metal Tin/ Steel/
Bimetal
Other Forms
w/ plastic
component
Means other tin/steel/bimetal items with a plastic component, other than non-aerosol containers and aerosol cans. Examples include large lids.
Metal Other
Nonferrous
All Forms
w/o plastic
component
Means any other nonferrous metal item without any plastic component, other than items that fit into other categories. Does not include items made of aluminum. Nonferrous metals include copper and brass. Examples include containers that hold food products, tins and boxes, and metal mesh.
Metal Other
Nonferrous
All Forms w/
plastic
component
Means any other nonferrous metal item with a plastic
component, other than items that fit into other categories. Does not include items made of aluminum. Nonferrous metals include copper and brass. Examples include containers that hold food products, tins and boxes, and metal mesh.
Metal Other
Ferrous
All Forms
w/o plastic
component
Means any other ferrous metal item without any plastic
component, other than items that fit into other categories. Does not include items made of tin/steel/bimetal. Other ferrous metals include manganese. Examples include containers that hold food products.
Metal Other
Ferrous
All Forms w/
plastic
component
Means any other ferrous metal item with a plastic component, other than items that fit into other categories. Does not include items made of tin/steel/bimetal. Other ferrous metals include manganese. Examples include containers that hold food
products.
Metal Metal Small – Two
or more
sides
measuring
2” or less
w/o plastic
component
Means any metal with two or more sides measuring 2 inches or less without any plastic component. Items with two or more sides measuring 2 inches or less that meet the APR Design Guidance Preferred assessment for the design feature of “size sorting potential” (i.e., average capture rate of at least 90% of items remaining inside the screening box) should not be categorized into this category. Examples include wrappers, strapping, bottle caps, and clasps.
Paper and
Fiber
Kraft Paper All Forms
w/o plastic
component
Means paper derived from wood pulp using the kraft process without a plastic component, usually brown but can be white or colored. Examples include packaging paper, pouches, butcher paper, filler/cushioning paper, floral arrangement wrapping paper, shipping tubes, envelopes, and boxes.
Paper and
Fiber
Kraft Paper All Forms w/
plastic
component
Means paper derived from wood pulp using the kraft process with a plastic component, usually brown but can be white or colored. This category includes polycoated or other plasticcoated kraft paper items that are only coated on a single side.
This category excludes kraft paper that is plastic-coated on two sides. Examples include packaging paper, pouches, butcher paper, filler/cushioning paper, floral arrangement wrapping paper, shipping tubes, envelopes, and takeout boxes.
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Paper and
Fiber
Molded
Fiber
All Forms
w/o plastic
component
Means paper fiber molded to shape and designed without a plastic component. Examples include molded egg cartons, shipping trays, and packaging inserts.
Paper and
Fiber
OCC Cardboard
w/o plastic
component
Means paper laminate, usually composed of three layers with a center wavy layer sandwiched between two outer layers, without a plastic component. This does not include waxed cardboard.
Examples include boxes, honeycomb pads, corrugated wrap, trays, and box dividers.
Paper and
Fiber
OCC Cardboard
w/ plastic
component
Means paper laminate, usually composed of three layers with a plastic component. The center wavy layer is sandwiched
between the two outer layers. This does not include waxed cardboard. Examples include boxes, honeycomb pads,
corrugated wrap, trays, and box dividers.
Paper and
Fiber
Paperboard All Forms
w/o plastic
component
Means paperboard without a plastic component. Examples
include food boxes such as cereal and pasta boxes; packaging inserts; and jewelry gift boxes.
Paper and
Fiber
Paperboard All Forms w/
plastic
component
Means paperboard with a plastic component. This category includes polycoated or other plastic-coated paperboard items that are only coated on a single side. This category excludes paperboard that is plastic-coated on two sides. Examples include food boxes such as cereal and pasta boxes; packaging inserts; bakery boxes; and jewelry gift boxes.
Paper and
Fiber
White
Paper
All Forms
w/o plastic
component
Means white paper without a plastic component. Examples include white envelopes used as packaging, such as for
shipping a small good; and white expandable packing paper.
Paper and
Fiber
White
Paper
All Forms w/
plastic
component
Means white paper with a plastic component. This category includes polycoated or other plastic-coated white paper items that are only coated on a single side. This category excludes white paper that is plastic-coated on two sides. Examples include white envelopes used as packaging, such as for
shipping a small good; and white expandable packing paper.
Paper and
Fiber
Other/Mixed
Paper
All Forms
w/o plastic
component
Means other or mixed paper/fiber without a plastic component that does not fit into any other category. Examples include nonplastic based waxed paper bags and liners, and glassine envelopes.
Paper and
Fiber
Other/Mixed
Paper
All Forms w/
plastic
component
Means other or mixed paper/fiber with a plastic component that does not fit into any other category. This category includes polycoated or other plastic-coated other/mixed paper items that are only coated on a single side. This category excludes other/mixed paper that is plastic-coated on two sidesExamples include waxed paper bags and liners, glassine envelopes, meat absorbent pads, and butter wrappers.
Plastic PET (#1) Bottles,
Jugs, and
Jars (Clear/
Natural)
Means clear bottles, jugs, and jars made of polyethylene terephthalate and that may be marked as PET or PETE (#1).
This category does include pigmented/colored bottles, jugs, and jars. Examples include clear jars, bottles for food, and bottles for household products and personal care products.
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Plastic PET (#1) Bottles,
Jugs, and
Jars
(Pigmented/
Color)
Means tinted/pigmented/colored bottles, jugs, and jars made of polyethylene terephthalate that may be marked as PET or PETE (#1). These may be translucent or opaque. Examples include pigmented/colored jars, bottles for food, and bottles for household products and personal care products.
Plastic PET (#1) Other Rigid
Containers,
Cups, Lids,
Plates,
Trays, Tubs
Means a rigid plastic container, cup, lid, plate, tray, or tub that is made of polyethylene terephthalate and that may be marked as PET or PETE (#1). Resin can be pigmented/colored or clear.
Includes thermoformed containers as well as foamed PET that is rigid. Examples include takeout containers, clamshell packaging, plastic egg cartons, and cold cup lids.
Plastic PET (#1) Other Rigid
Items
Means rigid items other than bottles, jugs, jars, cups, lids, plates, trays, tubs, and other containers that do not fit in any other category, are made of polyethylene terephthalate, and that may be marked as PET or PETE (#1). Includes foamed PET that is rigid. Examples include toy packaging and custom rigid packaging.
Plastic PET (#1) Flexible and
Film Items
Means flexible and film items that are made of polyethylene terephthalate and that may be marked as PET or PETE (#1). *Acceptable only when a reliable market exists. Upon mutually acceptable verification of a reliable market, plastic bags shall not be considered contamination.
Plastic HDPE (#2) Bottles,
Jugs and
Jars (Clear/
Natural)
Means natural bottles, jugs, and jars that are made of highdensity polyethylene and may be marked as HDPE (#2). The plastic is cloudy white, allowing light to pass through it.
Examples include jugs for milk and vinegar, jars, and bottles for personal care products and cleaning products.
Plastic HDPE (#2) Bottles,
Jugs and
Jars
(Pigmented/
Color)
Means tinted/pigmented/colored bottles, jugs, and jars that are made of high-density polyethylene and that may be marked as HDPE (#2). These may be translucent (of a color other than milky-white) or opaque. Examples include jugs, jars, and bottles for personal care products and cleaning products.
Plastic HDPE (#2) Pails &
Buckets
Means pails and buckets over 1 gallon (including 5-gallon buckets) that are made of high-density polyethylene that may be marked as HDPE (#2). Examples include buckets for food and household products.
Plastic HDPE (#2) Other Rigid
Items
Means rigid items, other than bottles, jugs, jars, pails, and buckets, made of high-density polyethylene and that may be marked as HDPE (#2). Examples include boxes and tubs for food and household products, and tubes for frozen juice concentrate.
Plastic PVC (#3) Rigid Items Means rigid items made of polyvinyl chloride that may be marked as PVC (#3). Examples include clamshells, boxes, bottles, lids, jugs, and jars.
Plastic LDPE (#4) Bottles,
Jugs and
Jars
Means bottles, jugs, and jars made of low- density polyethylene that may be marked as LDPE (#4). Examples include jars for condiments, cosmetics, and personal care items.
Plastic LDPE (#4) Other Rigid
Items
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(#4). Does not include foamed LDPE that is rigid. Examples include containers for food and household items, lids, and cups.
Plastic PP (#5) Bottles,
Jugs and
Jars
Means bottles, jugs, and jars that are made of polypropylene that may be marked as PP (#5). Examples include jars and bottles for household products, and personal care products.
Plastic PP (#5) Other Rigid
Containers,
Cups, Lids,
Plates,
Trays, Tubs
Rigid containers, cups, lids, plates, trays, and tubs made of polypropylene that may be marked as PP (#5). Includes
thermoformed PP containers. Examples include takeout
containers, deli containers, cups, lids, plates, multicompartment trays, and produce baskets.
Plastic PP (#5) Other Rigid
Items
Means rigid items that are made of polypropylene and that may be marked as PP (#5) that do not fit into any other category.
Examples include corrugated pads.
Plastic Other/
Mixed
Plastics
Rigid Items Means rigid items that are made of plastic other than resins #1-6 and are not designed and marked for compostability. Includes rigid foamed plastics. Examples include synthetic rubber stoppers, polyurethane blocks, and containers for food and other products.
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Exhibit 14
Contamination and Overage Process Summary
Grace Period,
Contract
Commencement
• July 1, 2027 - September 30, 2027: No notices to Service Recipients. City and Contractor align on what qualifies as an occurrence.
• [Tentative start] October 1, 2027 – March 31, 2028:
Contractor tracking all applicable occurrences and providing courtesy notices when Contamination or Overage occurs.
• March 2028: As part of education effort, Contractor sends congratulatory notices to Service Recipients with no
occurrences of Contamination or Overage during entire grace period at conclusion of grace period.
• In egregious cases, Contactor and City will align on more swiftly taking actions to avoid operational issues.
Grace Period,
New Customer
• 6-month grace period for any new Service Recipient
Post-Grace Period
Courtesy Noticing
After the end of the grace period: Whether at program
commencement or in relation to a new Service Recipient, the following process will take place.
• Post-grace period courtesy notice: Upon the first instance of Contamination or Overage on a particular Container after the grace period, Service Recipient will be given a courtesy notice. A courtesy notice will be provided once for the Recyclable Materials Container and once for the Organic Waste Container.
• Once annual courtesy notice: Upon first instance of
Contamination or Overage on a particular Container in a new Calendar Year, Service Recipient will be given a courtesy notice. A courtesy notice will be provided once for the Recyclable Materials Container and once for the Organic Waste Container for both incident types (Contamination and Overage).
Noticing with Fee After the post-grace period courtesy notice or once-annual courtesy notice, applicable noticing with fee may take place.
Habitual
Contamination or
Overage
Habitual issues, considered six (6) occurrences of Overage or Contamination in a month, upsizing will be considered per Section
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