West Sacramento City Council
September 9, 2026

The current disclosure categories were modeled using the FPPC’s disclosure categories. No amendments have been made to this portion of the Code.

Government Code Section 87303 further states that codes are effective upon approval by an agency’s code reviewing body. The code reviewing body for city agencies is the City Council.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
N/A
Strategic Plan Integration
This is a procedural requirement pursuant to state law.

Alternatives
While there is no alternative to adopting a conflict of interest code, the Council may choose to modify disclosure categories, and/or the designated positions required to file Form 700.

Coordination and Review
This report was coordinated with the Human Resources division.

Budget/Cost Impact
N/A

ATTACHMENTS

1. Resolution 26-80

2. Conflict of Interest Code (redline)
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Attachment 1
RESOLUTION 26-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

AMENDING THE DESIGNATED POSITION LIST (APPENDIX A) OF THE CITY OF WEST

SACRAMENTO CONFLICT OF INTEREST CODE
WHEREAS, Government Code Section 87300 requires that the City of West Sacramento adopt and promulgate a Conflict of Interest Code pursuant to Article 3 of Chapter 7 of Title 9; and WHEREAS, said Code is to be reviewed biennially, by October 1 of every even numbered year, to determine that it is current and accurate; and WHEREAS, this update amends the designated position list (Appendix A).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. All previously adopted designated position lists are rescinded.

2. All designated employees, officials, and consultants shall file their Statements of Economic Interest with the City Clerk.

3. California Code of Regulations 18730, as amended, and the list of designated positions (Appendix A), and the list of disclosure categories (Appendix B), incorporated herein by reference, constitutes the City of West Sacramento’s Conflict of Interest Code.

These amendments shall become effective immediately.

PASSED AND ADOPTED this 9th day of September, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
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CITY OF WEST SACRAMENTO CONFLICT OF INTEREST CODE
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. 319
2 (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code or with the Fair Political Practices Commission using the Commission’s electronic filing system as required under Section 87500.. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
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3 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements.

Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
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4 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. (D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520630.

No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520630 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(A) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (B) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the 322
5 public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parentin-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
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6 (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500630 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the 324
7 decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
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8 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48).

Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 326
9 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 327
10 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1- 2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A),(b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5- 12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

38. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-20-2022; operative 1-19-2023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2022, No. 51).
328
11 39. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 2-18-2025; operative 3-20-2025 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2025, No. 8).

37.40. Amendment of subsection (b)(4) filed 5-8-2025; operative 6-7-2025 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2025, No. 19). 329

APPENDIX A

CITY OF WEST SACRAMENTO

CONFLICT OF INTEREST CODE

APPENDIX OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES I. DESIGNATED POSITIONS: The positions listed below are designated positions and the individual occupying each position is deemed to make, or participate in the making of, decisions which may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Section II below.

Designated Position Disclosure Categories
Administrative Analyst I/II/Senior ................................................................................................ 1 Assistant City Manager Administrative Services ......................................................................... 1 Assistant City Manager /Community Services............................................................................. 1 Associate Planner/Senior ........................................................................................................... 1 Associate Transportation Planner/Senior.................................................................................... 1 Battalion Chief ............................................................................................................................ 1 Building Inspector I/II/Senior....................................................................................................... 1 Business Manager...................................................................................................................... 1 Capital Improvement Manager.................................................................................................... 1 Chief Building Official.................................................................................................................. 1 City Attorney............................................................................................................................... 4 City Clerk.................................................................................................................................... 1 City Manager .............................................................................................................................. 4 Code Enforcement Manager....................................................................................................... 1 Community Investment Manager ................................................................................................ 1 Community Investment Principal Planner ................................................................................... 1 Construction Administrative Specialist ........................................................................................ 2 Construction Facilities Development Manager............................................................................ 1 Construction Inspection Manager ............................................................................................... 1 Consultant 1
.................................................................................................................................................................................................................1 Deputy City Manager/ Director of Innovation and Technology .................................................... 1 Deputy Fire Chief........................................................................................................................ 1 Deputy Police Chief .................................................................................................................... 1 Development Services Manager................................................................................................. 1 Director of Community Development .......................................................................................... 1 Director of Economic Development & Housing ........................................................................... 1 Director of Finance ..................................................................................................................... 1 Director of Parks & Recreation.................................................................................................... 1 Director of Public Works O & M .................................................................................................. 1 Economic Development Manager............................................................................................... 1 330
Environmental Services & Sustainability Manager....................................................................... 3 Equipment & Facilities Superintendent ....................................................................................... 1 Finance Analyst/Senior............................................................................................................... 1 Finance Manager........................................................................................................................ 1 Finance Supervisor..................................................................................................................... 1 Fire Battalion Chief ..................................................................................................................... 1 Fire Chief.................................................................................................................................... 1 Fire Marshal ............................................................................................................................... 1 Flood General Manager.............................................................................................................. 1 Flood Protection Planner ............................................................................................................ 1 Hearing Officer ........................................................................................................................... 1 Home Run Manager ................................................................................................................... 1 Housing Manager ....................................................................................................................... 1 Human Resources Manager....................................................................................................... 1 Information Technology Manager ............................................................................................... 13 Member of the Board of Appeals ................................................................................................ 1 Member of the City Council/Financing Authority/Successor Agency ........................................... 4 Member of the Planning Commission ......................................................................................... 4 Parking Manager ........................................................................................................................ 1 Permit Services Manager............................................................................................................ 1 Parks Operations Superintendent............................................................................................... 3 Parks Planning & Development Manager ................................................................................... 1 Permit Services Manager............................................................................................................ 1 Planning Manager ...................................................................................................................... 1 Plans Examiner I/II/Senior .......................................................................................................... 1 Police Chief ................................................................................................................................ 1 Police Lieutenant........................................................................................................................ 1 Police Records & Property Manager........................................................................................... 1 Police Services Coordinator........................................................................................................ 3 Port General Manager ................................................................................................................ 1 Principal Engineer ...................................................................................................................... 1 Principal Planner ........................................................................................................................ 1 Program Manager/Senior ........................................................................................................... 1 Project Manager I/II/Senior ......................................................................................................... 2 Public Information Officer ........................................................................................................... 1 Purchasing Manager................................................................................................................... 1 Recreation Manager................................................................................................................... 2 Senior Engineer.......................................................................................................................... 1 Supervising Civil Engineer.......................................................................................................... 1 Supervising Transportation Planner............................................................................................ 1 Sustainability Manager ................................................................................................................ 3 331
Utilities Maintenance Superintendent.......................................................................................... 3 Water Treatment Plant Superintendent....................................................................................... 3 1 Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The City Manager may determine in writing that a particular Consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the Consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is public record and shall be retained for public inspection in the same manner as this Conflict of Interest Code.
332

APPENDIX B

DISCLOSURE CATEGORIES
Category 1 (Full Disclosure):

All interest in real property in the City of West Sacramento, or the city’s sphere of influence, including property located within a two-mile radius of any property owned or used by the City of West Sacramento or any of its departments; as well as investments, business positions and sources of income, including gifts, loans and travel payments.

Category 2 (Full Disclosure Excluding Real Property):

All investments, business positions and sources of income, including gifts, loans, and travel payments.

Category 3 (General Contracting/Permitting/Licensing Category):

Investments, business positions, and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the official, consultant, or employee’s department or division.

Category 4 (GC 87200 Filers):

All officials and employees in this category shall disclose their economic interests as required pursuant to Government Code sections 87200, et seq.
333

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2026 ITEM # 14
SUBJECT:

CONSIDERATION OF APPROVAL OF THE MINUTES OF THE AUGUST 19, 2026

REGULAR MEETING OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT

SUCCESSOR AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jennifer Cusmir, City Clerk
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with the draft minutes of the August 19, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the minutes of the August 19, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

BACKGROUND
N/A

ANALYSIS
N/A
Environmental Considerations
N/A
Commission Recommendations
N/A
Strategic Plan Integration
N/A
Coordination and Review
N/A
Budget Cost Impact
N/A

ATTACHMENT
1) Draft Minutes of the August 19, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority. 334

WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
AUGUST 19, 2026 MINUTES
The meeting was called to order Closed Session at 6:07 p.m.

Reconvened at 7:00 p.m.

Present
Mayor Martha Guerrero; Council Member Dawnte Early; Council Member Quirina Orozco; Council Member Norma Alcala; Mayor Pro Tem Verna Sulpizio Hull City Attorney Mitchell reported on Closed Session, no action was taken.

GENERAL ADMINISTRATION FUNCTION – PART I

1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE

JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.

According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.

The City Council received public comment on items not on the agenda within the City's jurisdiction.

PRESENTATIONS

2. City Manager's Office

PRESENTATION OF PROCLAMATION RECOGNIZING THE WEST SACRAMENTO GIRLS

SOFTBALL PROGRAM
This item was removed from the agenda and rescheduled for the September 9, 2026 meeting.

3. City Manager's Office

PROCLAMATION OF THE CITY OF WEST SACRAMENTO CITY COUNCIL RECOGNIZING ELIZABETH “LIZZY” SPINK
City Council presented a proclamation recognizing Lizzy Spink.

CONSENT AGENDA
Approved the Consent Agenda with the exception of item 7 which was voted on separately.

MOTION: Alcala SECOND: Early
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED

4. Capital Projects
335
2 CONSIDERATION OF RESOLUTION 26-77 DELEGATING AUTHORITY TO THE CITY

MANAGER TO UNDERTAKE CERTAIN ACTIONS TO COMMENCE AND COMPLETE REAL PROPERTY TRANSACTIONS AND CONSIDERATION OF CONTRACT AMENDMENT NO.1 WITH WOOD RODGERS, INC. FOR THE NORTH 5TH STREET COMPLETE STREET PROJECT (CIP 16013)
Adopted Resolution 26-77, delegating authority to the City Manager to undertake certain actions to commence and complete all real property transactions for the Project; approved and authorize the City Manager, or his designee, to execute Amendment No. 1 to the professional services contract with Wood Rodgers, Inc. in the amount of $203,601.74; authorized the City Manager, or his designee, to execute non-substantive changes or modifications, with approval from the City Attorney; and authorized the City Manager, or his designee, to execute amendments to further extend the term of the contract, if necessary.

5. Capital Projects

CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH

SCHAAF & WHEELER FOR PROFESSIONAL ENGINEERING SERVICES FOR THE BRYTE SEWER PUMP STATION REHABILITATION PROJECT (CIP 33031)
Awarded a professional services contract with Schaaf & Wheeler for engineering services for the Bryte Sewer Pump Station Rehabilitation Project (CIP 33031); authorized the City Manager, or his designee, to execute a professional services contract with Schaaf & Wheeler in an amount not to exceed $1,001,540, which includes any optional tasks; delegated authority to the City Manager, or his designee, to authorize any optional tasks. Optional tasks will remain optional unless and until expressly authorized in writing; authorized the City Manager or his designee to make contract amendments up to 10% ($100,154) of the total value of the contract; authorized the City Manager, or his designee, to execute non-substantive changes or modifications to this professional services contract, with approval from the City Attorney; and authorized the City Manager, or his designee, to execute amendments to extend the term of this contract, if necessary.

6. Community Development

CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH WSP USA, INC. FOR TECHNICAL TRANSIT PLANNING SERVICES AND PREPARATION OF THE WEST SAC FORWARD TRANSIT PRIORITY PLAN (CIP 12022)
Authorized the City Manager, or his designee, to execute a professional services agreement with WSP USA, INC. (WSP) for technical transit planning services (CIP 12022), in an amount not to exceed $847,578; authorized the City Manager, or his designee, to make contract amendments up to $85,000 of the total contract value; and authorized the City Manager, or his designee, to execute non-substantive changes or administrative modifications to the services contract, with approval from the City Attorney.

7. Community Development

CONSIDERATION OF A PREFERRED VENDOR LIST FOR ON-CALL PROFESSIONAL

GRAPHIC DESIGN, PRINTING, AND MAILING SERVICES
Approved the proposed preferred vendor list for on-call professional graphic design, printing, and mailing services for a period of three (3) years, with an option for two (2) one-year extensions; authorized the City Manager or their designee to utilize the graphic design, printing, and mailing services of each of the service providers on the approved list; authorized the City Manager or their designee to execute contracts with each service provider and undertake any and all actions necessary to implement the contracts; authorized the City Manager or their designee to execute non-substantive changes and modifications, with approval from the City Attorney; and authorized the City Manager or their designee to extend the contract term and adjust compensation within the limits of the Council-approved budget as needed.
336
3 MOTION: Early SECOND: Alcala
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala; NO: (None); ABSTAIN: (None); ABSENT: (None); RECUSED: Sulpizio Hull; MOTION PASSED

8. Community Development
CONSIDERATION OF RESOLUTION 26-68 ACCEPTING PUBLIC IMPROVEMENTS FOR NEWPORT ESTATES UNIT 13 (SUBDIVISION NO. 5142)
Adopted Resolution 26-68 accepting public improvements within Newport Estates Unit 13 (Subdivision No. 5142) including water, sewer, storm drain, streetlight, and roadway improvements, Community Facilities District (CFD) landscaping, and irrigation. This acceptance excludes street trees.

9. Community Development
CONSIDERATION OF RESOLUTION 26-79 AUTHORIZING APPLICATIONS FOR GRANT FUNDING FROM THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS 2026 FEDERAL

FUNDING CYCLE PROGRAMS
Authorized applications for grant funding through the SACOG 2026 Federal Funding Cycle Programs; approved the City’s SACOG 2026 Federal Funding Cycle Programs application priorities; authorized City staff to make non-substantive changes or modifications to the Federal Funding Cycle Program application priorities, with approval from the City Manager; and authorized the City Manager or their designee to execute all required grant documents and ensure timely project delivery.

10. Finance
CONSIDERATION OF RESOLUTION 26-72 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026/27
Adopted Resolution 26-72 establishing an Appropriations Limit for Fiscal Year 2026/27.

11. Finance
CONSIDERATION AND ADOPTION OF RESOLUTION 26-73 APPROVING THE FINANCING OF CERTAIN FIRE APPARATUS AND DECLARING THE CITY’S INTENT TO REIMBURSE ITSELF

FROM THE PROCEEDS OF DEBT FOR CERTAIN EXPENDITURES
Authorized the Finance Director or designee to accept a proposed equipment lease, and to enter into a lease-purchase agreement with JP Morgan Chase Bank to finance the purchase of the fire apparatus and equipment in the amount of $2,482,875.04 and adopted Resolution 26-73 approving the financing of two Type 1 Fire Pumpers and declaring the City’s intent to reimburse itself from the proceeds of debt for certain expenditures.

12. Finance
CONSIDERATION OF THE TREASURER’S QUARTERLY FINANCIAL REPORT ON THE CITY’S INVESTMENT PORTFOLIO FOR THE PERIOD ENDING MARCH 31, 2026 AND ANNUAL UPDATES TO THE CITY’S INVESTMENT POLICY
Received and filed the Treasurer’s Quarterly Financial Report on the City’s investment portfolio for the period ending March 31, 2026, and approved the recommended changes to the City’s investment policy.

13. Fire

CONSIDERATION OF APPROVAL OF A PREFERRED VENDOR LIST FOR FIRE VEHICLE

PREVENTATIVE MAINTENANCE AND REPAIRS
337
4 Approved the Preferred Vendor List for a period of three (3) years with an option to extend for two (2) one-year extensions; authorized the City Manager or their designee to undertake any and all actions necessary to implement the contracts; authorized the City Manager or their designee to execute non-substantive changes and modifications, with approval from the City Attorney; and authorized the City Manager or their designee to extend the contract term and adjust compensation, within the limits of the Council-approved budget as needed.

14. Parks & Recreation
CONSIDERATION OF RESOLUTION 26-71 APPROVING THE APPLICATION FOR STATEWIDE

PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS FOR

THE MEADOWDALE PARK RENOVATION AND EXPANSION PROJECT
Adopted Resolution 26-71 approving an application to California State Park for the Statewide Park Development and Community Revitalization Grant Program to fund the Meadowdale Park Renovation and Expansion Project.

15. Public Works
CONSIDERATION OF CONTRACT WITH INTECH MECHANICAL COMPANY, INC., FOR ONCALL HEATING, VENTILATION, AND AIR CONDITIONING SERVICES AT CITY FACILITIES Awarded a contract for on-call HVAC services at City facilities to Intech Mechanical Company, Inc. and authorize the City Manager or his designee to execute the contract; authorized the City Manager or his designee to execute non-substantive changes or modifications to the Contract for Services with approval from the City Attorney; authorized the City Manager or his designee to execute amendments or change orders up to the Council approved budget; and authorized the City Manager or his designee to execute amendments to extend the term of the contract.

16. Public Works

CONSIDERATION OF CONTRACT FOR SERVICES WITH PROCESS MEASUREMENT GROUP

DBA TOLEDO INDUSTRIAL COATINGS FOR CAUSTIC CONTAINMENT PAINTING AT THE

WATER TREATMENT PLANT
Awarded a contract to perform caustic containment painting to Process Measurement Group dba Toledo Industrial Coatings in the amount of $97,973.70 and authorized the City Manager or his designee to execute the contract; authorized the City Manager or his designee to execute nonsubstantive changes or modifications to the Contract with approval from the City Attorney; authorized the City Manager or his designee to execute amendments or change orders up 10% of the contract value (9,797.38); and authorized the City Manager or his designee to execute amendments to extend the term of the contract.

17. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE AUGUST 5, 2026 REGULAR

MEETING OF THE WEST SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR

AGENCY, AND WEST SACRAMENTO FINANCING AUTHORITY
Approved the minutes of the August 5, 2026 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.

18. City Manager's Office

CONSIDERATION OF RESPONSE TO YOLO COUNTY GRAND JURY REPORT ON UNIFIED ACTION: STRENGTHENING THE YOLO COUNTY HOMELESSNESS RESPONSE Reviewed and authorized the attached response to the Yolo County Grand Jury report titled “Unified Action: Strengthening the Yolo County Homelessness Response”. 338
5 PUBLIC HEARINGS

19. Community Development
PUBLIC HEARING AND FIRST READING OF ORDINANCE 26-57 FOR PROPOSED THIRD

AMENDMENT TO THE RIVER PARK DEVELOPMENT AGREEMENT TO EXTEND THE TERM

OF THE AGREEMENT
Conducted the public hearing; waived first reading and read by title and number only, of Ordinance 26-57 regarding a proposed third amendment to a Development Agreement (“DA Amendment”) with River Park; and informed the audience that the second reading and adoption of Ordinance 26-57, is tentatively scheduled for September 9, 2026.

REGULAR AGENDA

20. Community Development

WORKSHOP ON PROPOSED CONTRACT FOR SERVICES WITH GREENWASTE RECOVERY,

LLC FOR EXCLUSIVE SOLID WASTE COLLECTION
Conducted a workshop provided feedback and comments on and to received feedback and comments from the community on the proposed contract with GreenWaste Recovery, LLC to provide exclusive solid waste collection services. Based on feedback, Staff will return with an item at a future meeting for consideration of the contract.

GENERAL ADMINISTRATION FUNCTION – PART II

21. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Councilmember Alcala reported on the Bryte Park Community meeting.

22. PART II
A. Council Calendar
City Manager Laurel reported on the Council Calendar.

B. City Manager Report
No report.

C. City Attorney Report
No report.

D. Staff Direction from City Council Members
No report.

E. Future Agenda Item Requests by Council
City Manager's Office
(i) Request to consider adding a proclamation recognizing the International Day of Peace to a future City Council meeting agenda. (Guerrero)
339
6 Approved adding a proclamation recognizing the International Day of Peace to a future City Council meeting agenda.

MOTION: Sulpizio Hull SECOND: Early
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
F. Adjourn
Adjourned the meeting at 1:01 a.m.

MOTION: Early SECOND: Sulpizio Hull
Roll Call Vote
YES: Guerrero, Early, Orozco, Alcala, Sulpizio Hull; NO: (None); ABSTAIN: (None); ABSENT:
(None); RECUSED: (None); MOTION PASSED
Jennifer Cusmir, City Clerk
Minutes approved as presented by a majority
vote of the City Council on September 9, 2026
Jennifer Cusmir, City Clerk
340

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2026 ITEM #15
SUBJECT:

CONSIDERATION OF CONTRACT FOR SERVICES WITH GREENWASTE RECOVERY,

LLC FOR EXCLUSIVE SOLID WASTE COLLECTION
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Ryan Burnett, Sustainability Manager
Community Development Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to provide information for Council to consider approving a contract with GreenWaste Recovery, LLC to provide exclusive solid waste collection services for the residential sector and portions of the commercial sector, and to consider phase-in options for service rates.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Adopt Resolution 26-76 and approve a 10-year contract with GreenWaste Recovery, LLC for exclusive solid waste collection services and establishing the franchise fee; 2) Approve a Phase-in Option to implement the solid waste service rates; 3) Authorize the City Manager, or his designee, to execute the contract with GreenWaste Recovery, LLC; 4) Delegate authority to the City Manager, or his designee, to exercise two additional 5-year terms of the contract;
5) Authorize the City Manager, or his designee, to make non-substantive changes or modifications to the contract, with approval from the City Attorney;
6) Authorize the City Manager or designee to proceed with the Proposition 218 noticing process and return to Council to conduct the protest hearing and to consider adoption of service rates for solid waste collection; and
7) Schedule the protest hearing for January 20, 2027 at 7:00 pm, at the City Council Chambers.

BACKGROUND
USA Waste of California, Inc. (WM) has served as the exclusive solid waste and recycling provider for West Sacramento since 1987. On July 1, 2017, the City began its current ten-year contract with WM for solid waste collection services, which is set to expire on June 30, 2027. The City also performed a Proposition 218 process for solid waste rates at that time, and Council approved five years of rates for those services (through 2021).

Currently, the City conducts billing for waste collection services. The City rates are memorialized in the City’s Book of Fees. Meanwhile, WM charges the City for the services it provides to customers in accordance with the terms of the current agreement. The City has not increased solid waste rates at the same pace WM has increased its rates to the City. This decision was made primarily in order to help residents and businesses endure and recover from the COVID pandemic. Therefore, the current rates charged to customers are artificially low.

The City has utilized available fund balance to fund this shortfall since 2021.

RFP Process
Following an extended period of service with the current waste hauler, the City proceeded with a competitive Request for Proposals (RFP) process, consistent with sound procurement practice and the City's fiscal stewardship responsibilities. This approach allows the City to confirm that rates and service terms reflect current market conditions and to incorporate updated performance standards, reporting requirements, and risk allocation provisions into any resulting agreement. The RFP process is also timely given new state mandates under SB 1383, which require expanded organics diversion infrastructure and service capabilities, making this a natural point to evaluate the full range of available options rather than amend the existing agreement. Additionally, a competitive process provides an opportunity to ensure the selected hauler's fleet and sustainability commitments align with the City's environmental goals and ensure the best overall solid waste collection experience for residents and businesses.
341
Contract for Exclusive Solid Waste Collection Services with GreenWaste, LLC September 9, 2026

Throughout the current contract period (2017 – current) staff has received feedback from the community on the quality of waste hauler services. This feedback was well-considered when drafting the RFP and when developing priorities for the next contract. After deciding to pursue an open procurement in Summer 2025, a direct-mail post card was sent to every customer in September 2025 to seek public input on priorities for a future contract. Staff received more than 900 responses, and from these responses the following themes stood out: reliability of service, quality of customer service, cost, and sustainability. Customers requested that key programs remain, such as Bulky Waste pick-up, Christmas Tree pick-up, and seasonal bagged leaf collection. Finally, community responses also requested a stronger emphasis on education about the contamination and overage program, as well as tools to help customers sort their waste. All these priorities were taken into consideration and used in shaping the draft contract.

In August 2025, the City initiated a competitive procurement for the upcoming solid waste collection contract, due to begin on July 1, 2027. Due to the technical nature of the industry, and the magnitude of the contract, the City contracted with R3, a consultant specializing in waste services. R3 has assisted with the procurement process, including drafting of the new franchise agreement, which is the legal contract between a local government and a waste hauling company and sets service expectations, program parameters, and rate increase methodologies. Additional services include assisting City staff with preparation of the contract RFP, drafting of the franchise agreement, and has been supporting negotiations since September 2025.

On November 6, 2025, staff released a Request for Proposals (25-091-RFP) for Solid Waste Collection Services; with four proposals received by the January 30, 2026 deadline. All proposals went through an initial Pass / Fail review to check for completeness and compliance with the proposal requirements. One proposal was found to be incomplete and was disqualified. Qualifying and complete proposals were received by the following three entities (listed alphabetically):

1. Atlas Disposal

2. GreenWaste Recovery, LLC

3. Waste Management Collection and Recycling, Inc (WM)
Community Outreach
As described earlier, staff conducted direct outreach to customers during 2025 to receive feedback on priorities for a future contract, receiving over 900 responses that were reflected in the City’s RFP. Other outreach efforts have occurred following the RFP to further inform the City’s selection and contracting process. On August 10, 2026, staff presented the results of the RFP and its recommendations to the Environment and Utilities Commission. The Commission and the community were provided a presentation and they provided feedback on the process, which included a request for greater community engagement opportunities before and after contractor selection.

Based on the Commission’s input, on August 19, staff conducted a workshop for the City Council to receive a presentation to review the contractor selection process, proposed rate structures, and the components of the proposed agreement with GreenWaste, including details on proposed services. As a result of the feedback received by the City Council, the Environment and Utilities Commission and the community, the City provided additional opportunities for customers to receive information and provide feedback to the City prior to the selection of a contractor. These outreach events included a community open house at City Hall on September 1, tabling at the Recreation Center and Senior Center, and tabling at the City’s Rhythm on the River event on August 27. These outreach efforts allowed staff the opportunity to talk directly to customers about the proposed contract, and to answer individual questions about rates and services.

Approximately 50 residents attended the open house, while many others were contacted through the tabling events. Many residents had questions about the selection process, hauler services, details on proposed rates, and why GreenWaste was recommended as the preferred hauler. Others were simply curious about the effort and wanted more information. A key piece of feedback received was the need to involve the community throughout the waste hauler transition and rate adjustment processes, which upon selection of a waste hauler, regardless of who is chosen, the community will be fully informed through a robust outreach program. The proposed transition to a new waste hauler will require significant outreach and direct customer service contacts through the implementation process. Likewise, the Proposition 218 process necessary to adjust rates requires public hearings and will include separate outreach efforts. Certain elements of these post-contractor selection outreach plans are discussed later in other parts of this report.

ANALYSIS
RFP Selection Process
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Contract for Exclusive Solid Waste Collection Services with GreenWaste, LLC September 9, 2026

Based on staff’s experience and the survey results, RFP Evaluation Criteria were established to be used in the evaluation of the proposals. The criteria categories are listed below:
• Quality of Service, Experience and References
• Proposed Operational Services
• Customer Service, Reporting and Outreach
• Sustainability
• Service Rates and Value
An Evaluation Panel, comprised of representatives of the City of West Sacramento’s Sustainability Division, Finance Department, and a neighboring jurisdiction’s solid waste manager, was established for the purposes of evaluating the proposals and conducting proposer interviews. The Evaluation Panel assessed the proposals individually, and the panel gathered over a series of meetings to review the proposals, identify clarifying questions about the proposals, and prepare for interviews accordingly.

All three proposers were invited to interview with the Evaluation Panel. Interviews were held on March 16, 2026 to address questions related to the proposals. During the interviews, all three proposers presented satisfactory responses to questions and demonstrated sufficient expertise in the industry. However, qualitatively, GreenWaste Recovery staff best exhibited professionalism and transparent, collaborative communication. The interviews gave the Panel better visibility and understanding into proposed services delivery methodology, supporting quantitative scores assigned, consistent with the Evaluation Criteria.

The consensus evaluation resulted in GreenWaste Recovery (GreenWaste) as the highest ranked proposer, as shown in Table 1, below.

Table 1: Proposal Evaluation Scores
Criteria Atlas GreenWaste WM
Quality, Experience, References 14.0 20.0 14.0
Operational Services 13.0 18.0 17.0
Sustainability 14.0 19.0 13.0
Customer Service, Outreach 14.0 18.0 15.0
Service Rates and Value 15.9 11.4* 17.4
TOTAL 69.9 86.4 76.4
The Panel concluded that GreenWaste demonstrated the best overall ability to meet the City’s needs, highlighted by its expressed commitment to providing individualized service to the City, strong references from other served communities, and a proven commitment to operations, customer service, sustainability, and diversion.

GreenWaste’s proposal provided the most detailed approach and comprehensive discussion regarding tools to drive diversion (keeping material out of landfills) and engage the community. For these reasons, the Panel recommended selecting GreenWaste as the provider best positioned to deliver high-quality, cost-effective services tailored to the City’s unique needs. This allowed the City to enter into exclusive negotiations with GreenWaste to further refine service costs and operational details, a process that was established in the initial RFP.

Final Agreement Negotiations
Over a period of three months, staff, with support from R3, negotiated the terms and conditions of a franchise agreement with GreenWaste. Negotiations concluded July 2026, before GreenWaste offered additional services and value based on community feedback received at the EU Commission. In summary, the proposed contract terms include the following.

General Terms and Conditions:
• Initial 10-year term from July 1, 2027, through June 30, 2037. • Up to two 5-year extensions, granted at the City’s sole discretion. 343
Contract for Exclusive Solid Waste Collection Services with GreenWaste, LLC September 9, 2026

• Updated contract agreement, with up-to-date performance and legal standards.

Solid Waste Collection Service Rates and Adjustments:
• Low-income discount of 20% off the standard rate for single-family customers. o Eligibility requires enrollment in a discounted utility program, like PG&E’s CARE program, head of household status and account holder status.
• Senior discount of 20% off the standard rate for single-family customers. o Eligibility requires proof of age over 65 and head-of-household status. • Two options for new solid waste collection services rates, to be selected by the City Council. • Annual indexed rate adjustments to solid waste collection service rates (effective July 1, 2028) with:
o Rate compensation to GreenWaste for collection service adjusted by the national Consumer Price Index (CPI) for water, sewer, and trash utility rates (WST), as well as costs for disposal, organics processing, and recyclables processing, with the overall annual increase capped at 5%.

Continued, New and Enhanced Services for Customers and the Community:
• Continuation of on-call single family Household Hazardous Waste (HHW) program, with expanded availability of HHW collection services to multifamily residents. o Residential customers will be eligible for one on-call household hazardous waste pick-up per year.

This pick-up can be used for items like lightbulbs, medicines, batteries, and other hazardous materials.
• Continuation of bundled residential service.
o Customers will receive the same bundled service provided by the current contractor. The default bundle will contain one trash cart, one 96-gallon recycling cart and one 96-gallon organics cart.

Customers can request up to two recycling carts and up to four organics carts at no additional cost.
o During the transition, GreenWaste will mirror current service levels for each customer. This means, for example, that a customer currently subscribed to one 64-gallon trash cart, two 96- gallon recycling carts and two 96-gallon organics carts will receive that same service level in the new contract, unless they request a change.
• Continuation of on-premises collection service.
o Disabled and elderly residents will continue to eligible for side-yard or backyard service at no cost in the new contract. Proof of disability or age may be required. • New billing services provided directly by GreenWaste (currently, billing and customer services are provided by the City on behalf of current provider, while the provider handles commercial customer service and billing changes).
o Customers will be able to create online accounts, set-up services without having to dial into a call center, and establish billing directly with the hauler. This is anticipated to drastically reduce data discrepancies between City data and hauler data.
• New local call center dedicated to West Sacramento customers, located in Sacramento. o The call center will provide an average speed-to-answer of three minutes, and walk-in visits will be welcomed.
• Enhanced single family and multi-family Clean Up Collection programs (also known as bulky item collection), expanding the types of materials accepted, including:
o Three bulky items, donatable items (e.g. flowerpots, plastic chairs), clothes, boxes, green waste, bagged trash and e-waste.
o Customers will be eligible for two pick-ups per contract year. • Enhanced technical assistance provided to all customer types to support proper sorting and diversion, including a “What Goes Where” app that helps customers find where to dispose of their materials. • New curbside household battery collection.
• New bundled services for multi-family and commercial sectors, ensuring service subscription compliance with State mandatory organics recycling requirements (per SB 1383, Short-Lived Climate Pollutant Reduction Strategy).
• New mail-back sharps/needle collection program for safe disposal. This will allow residents with limited mobility to safely dispose of sharps and needles through GreenWaste. • Procurement by GreenWaste of recycled organic material, like compost, to be distributed into the community through free drop-offs and compost hubs. This partnership between GreenWaste and the City will reduce methane emissions, and provide free compost to residents and businesses. • New scholarship program for college-bound high school seniors, in an amount of $10,000 annually.

Transition Services
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• Early commitment of GreenWaste staff, onboarding and dedicating West Sacramento-specific staff fulltime to the City by no later than six months before the start of the contract. • Early displaced employee outreach and recruitment to retain existing drivers and other staff that have served the West Sacramento community, offering employment to all qualified displaced employees of previous hauler.
• Frequent planning and management meetings with City staff to ensure smooth transition of services. • Extensive outreach to residents and businesses prior to the July 1, 2027 initiation of new services. • Prompt phone-based and in-person customer service during the transition period, including a commitment to extend call center hours and enlist an overflow call center as needed to meet any increased demand for phone-based communications.
• Individualized support and container right-sizing for all commercial and multi-family customers. • $100,000 reimbursement of City’s costs for overseeing transition of solid waste collection services to GreenWaste.

Refinement of Key Programs
The City and GreenWaste participated in a series of open, transparent, and collaborative negotiations to refine elements of the draft franchise agreement (i.e. contract) released with the RFP to better align with industry best practices, reflect the unique capabilities GreenWaste has to offer, and adjust program scopes to better achieve the goals of the City. Some key highlights of those discussions include the following:
• Contamination and Overage Grace-Period: When the new agreement goes into effect, all customers will receive a 9-month grace period from penalties for contamination and overage. During this grace period, customers will receive courtesy notices, but will not be charged. After the commencement of the agreement, brand new customers will receive a six-month grace period. Additionally, customers who sort properly during the grace period will receive positive feedback on their hard work. Finally, all customers will receive one courtesy notice per year, per incident type. These efforts will reframe the contamination and overage program as principally educational, not punitive. • Escalating Diversion Goals: Diverting recyclables and organic waste from the landfill is a central component of waste hauler contracts in California, and has been a clear priority for the City. The agreement with GreenWaste will have an escalating annual diversion goal, starting at 36% in 2028, and increasing by one percent per year until it reaches 44% in 2037. By meeting or exceeding this diversion goal, GreenWaste will assist the City in reducing greenhouse gas emissions. GreenWaste has committed to a series of performance standards intended to reach these diversion goals. The performance standards will be closely monitored, and the parties have agreed to an escalating procedure to ensure diversion is achieved.

Solid Waste Collection Service Rates Proposals
Table 2, below, shows a summary of the final monthly rate proposals from the proposers compared to current monthly solid waste rates in the City, as well as the rates the current provider charges the City. Please note:
tables 2, 3, and 4 below provide maximum services rates. This means GreenWaste may provide costs at a lower price than those provided here.

The initial phase of discussions with GreenWaste focused on clarifying costs and associated assumptions. While the RFP clearly stated “Rates will not necessarily be controlling. Quality, equity, efficiency, sustainability, utility, general terms, delivery, suitability of the service offered, and the reputation of the service in general use will also be considered, with any other relevant factors,” the City’s selection of a collection provider will impact every business and resident in the City, and therefore staff maintains a responsibility to secure fair and reasonable rates based on clearly understood cost assumptions.
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Table 2: Comparison of Monthly Maximum Rate Proposals to Current Monthly Rates, without Phase-In Current Rates
City to
Customer WM to City
Atlas 1 GreenWaste2 WM 3
Service
Level Units
Rate
Effective
7/1/25
Rate
Effective
7/1/26
7/1/27
Rates
(Proposed)
% over
City
billed
7/1/27
Rates
(Proposed)
% over
City
billed
7/1/27
Rates
(Proposed)
% over
City
billed
32-gal 2,802 $23.27 $26.84 $28.65 23.12% $32.70 40.53% $30.05 29.14% Residential 64-gal 10,210 $29.14 $33.48 $35.73 22.62% $35.64 22.29% $34.16 17.23% 96-gal 2,263 $37.19 $42.72 $45.60 22.61% $52.02 39.87% $40.10 7.82% 32-gal $27.65 $26.16 $25.54
64-gal $34.73 $28.51 $29.04
Residential
(Low
Income)
96-gal $44.60 $41.61 $34.09
64-gal 84 $29.14 $33.48 $35.73 22.62% $40.44 38.79% $40.01 37.29% 2 CY 16 $125.91 $144.64 $188.67 49.84% $175.66 39.51% $160.29 27.31% 3 CY 41 $188.87 $216.96 $215.68 14.20% $263.50 39.51% $226.30 19.82% 4 CY 26 $251.83 $289.28 $242.70 -3.62% $351.33 39.51% $289.16 14.82% 96-gal
recycle 16 $35.73 Bundled $32.44
Multi-Family
96-gal
organics 16 $121.60 Bundled $47.31
96-gal 52 $36.99 $42.72 $45.60 23.27% $51.59 39.47% $37.23 0.66% 1 CY 96 $62.14 $65.37 $112.96 81.79% $86.67 39.47% $72.92 17.35% 2 CY 231 $124.27 $130.74 $188.67 51.82% $173.32 39.47% $128.23 3.19% 3 CY 151 $186.41 $196.11 $215.68 15.70% $259.99 39.47% $187.64 0.66% 4 CY 175 $248.55 $261.48 $242.70 -2.35% $346.65 39.47% $244.22 -1.74% 96-gal
recycle 303 $74.75 Bundled $4.65
Commercial
32-gal
organics 18 $118.11 Bundled $4.00
All three mandatory services (trash, recycling and organics) Multi-family 3 CY $188.87 $216.96 $373.02 97.50% $263.50 39.51% $306.05 62.04% Commercial 2 CY $381.53 $173.32 $136.89
Table 3, below, illustrates how GreenWaste’s base rates compare to similar rates in the region. It is important to note that GreenWaste rates reflect an annual rate increase beyond those included for the other jurisdictions, given that GreenWaste rates would begin July 1, 2027, while the other jurisdictions rates are current for their respective current rate year and are subject to increases in the years ahead. Additionally, it is challenging to compare rates as they are never apples-to-apples and are comprised of the various suites of services. Therefore, this comparison is shared for illustrative purposes only. In addition to the City’s rates being artificially low due to not incorporating the provider’s 4% annual increase into customer rates for the past five years, the current contractor’s rates are also lower than the average rates for the region. 1 Atlas, BAFO rates, presented 4/16/26.
2 GreenWaste, final negotiated rates, July 2026, reflects corrected “bundle” 3 WM, BAFO, standard pricing (as opposed to bundled alternative), presented 4/16/26 346 Contract for Exclusive Solid Waste Collection Services with GreenWaste, LLC September 9, 2026

Table 3: Comparison of Baseline Monthly Maximum Rates in the Sacramento Region

SINGLE FAMILY RESIDENTIAL
Jurisdiction Hauler Low Income
(32-gal) 30-35-gal 60-65-gal 90-100-gal
Current West Sac. WM Rates to City N/A $26.84 $33.48 $42.72 Current West Sac. Customer Rates N/A $23.37 $29.14 $37.19 PROPOSED (without
Phase-in option) GreenWaste* $26.02 $32.52 $38.97 $52.30 Average of other Cities $33.72 $37.77 $42.55 $54.19
Woodland WM $33.72 $39.67 $42.60 $56.77
Davis Recology N/A $51.20 $56.67 $67.62
Rancho Cordova Atlas N/A $34.74 $41.62 $55.86
Citrus Heights Republic N/A $30.77 $34.20 $42.64
Elk Grove Republic N/A $32.46 $37.64 $48.06
Please note: rates compared are not identical in service type, so they are not true apples-to-apples comparisons. *GreenWaste rates reflect an additional annual increase not reflected in nearby rates.

MULTI-FAMILY RATES
Garbage Recycle Organics Total
Jurisdiction Hauler
4 yd 1/week 96-g 1/week 96-g 1/week Three-Bin
Current West Sac. WM Rates to City $289.28 Bundled Bundled $289.28 Current West Sac. Customer Rates $251.83 Bundled Bundled $251.83 PROPOSED (without
Phase-in option) GreenWaste $351.33 Bundled Bundled $351.33 Average of other Cities $287.08 $46.82 $64.11 $370.28
Woodland WM $236.40 $38.61 $45.33 $320.34
Davis Recology $426.94 N/A N/A $426.94
Rancho Cordova Atlas N/A N/A N/A Open Market
Citrus Heights Republic N/A N/A N/A Open Market
Folsom Municipal $213.00 $62.50 $97.25 $372.75
Roseville Municipal $271.97 $39.35 $49.75 $361.07
Because the current City rates charged to customers are lower than rates charged by the current provider to the City, the City and GreenWaste have discussed phase-in options for softening the initial rate impact to customers.

There are two pathways forward regarding rate phase in: 1) use the City rates currently charged to customers, or use the current provider rates currently charged to the City. The two rate options are shown in Table 4 below. 347
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Table 4: Three-Year Phase-In of Maximum Service Rates
The rates below illustrate the fixed rate phase-in over three years, plus a maximum 5% increase per standard annual increases. The actual annual increase may be less than 5%.

Current Rates
City to
Customer
WM to
City
Option 1
Phase-in
Option 2
Phase-in
Service
Level Units
Rate
Effective
7/1/26
7/1/2027 7/1/2027 7/1/2028 7/1/2029 7/1/2027 7/1/2028 7/1/2029 32-gal 2,802 $23.27 $32.70 $27.99 $32.36 $37.41 $29.71 $33.13 $36.94 Residential 64-gal 10,210 $29.14 $35.64 $30.50 $35.26 $40.76 $32.38 $36.10 $40.25 96-gal 2,263 $37.19 $52.02 $44.53 $51.47 $59.50 $47.26 $52.70 $58.76 32-gal $26.16 $22.39 $25.89 $29.93 $29.71 $33.13 $36.94 64-gal $28.51 $24.40 $28.21 $32.61 $25.90 $28.88 $32.20 Residential
(Low
Income)
96-gal $41.61 $35.62 $41.18 $47.60 $37.81 $42.16 $47.00 64-gal 84 $29.14 $40.44 $34.62 $40.02 $46.26 $36.75 $40.97 $45.68 2 CY 16 $125.91 $175.66 $150.36 $173.82 $200.94 $159.60 $177.95 $198.41 3 CY 41 $188.87 $263.50 $225.55 $260.74 $301.41 $239.40 $266.93 $297.63 4 CY 26 $251.83 $351.33 $300.74 $347.65 $401.89 $319.20 $355.91 $396.84 96-gal
recycle 16 Bundled Bundled Bundled Bundled Bundled Bundled Bundled Multi-Family
96-gal
organics 16 Bundled Bundled Bundled Bundled Bundled Bundled Bundled 96-gal 52 $36.99 $51.59 $44.16 $51.05 $59.01 $46.87 $52.26 $58.27 1 CY 96 $62.14 $86.67 $74.19 $85.76 $99.14 $78.74 $87.80 $97.89 2 CY 231 $124.27 $173.32 $148.36 $171.50 $198.26 $157.47 $175.58 $195.77 3 CY 151 $186.41 $259.99 $222.55 $257.26 $297.40 $236.21 $263.38 $293.66 4 CY 175 $248.55 $346.65 $296.73 $343.02 $396.53 $314.95 $351.17 $391.56 96-gal
recycle 303 Bundled Bundled Bundled Bundled Bundled Bundled Bundled Commercial
32-gal
organics 18 Bundled Bundled Bundled Bundled Bundled Bundled Bundled If City rates (Option 1) serve as the starting point, customers will see the most minimized increase in Year 1.

However, this pathway also leads to a relatively higher rate in Year 3 and beyond. Alternatively, utilizing current provider rates as the starting point (Option 2) leads to higher Year 1 rates, but minimizes longer term impact. It is important to note that annual rate increases (i.e. an increase in rates based on an increase in hauler costs), as allowed by the draft contract, are included in both phase-in scenarios, illustrated at the maximum capped annual increase of 5%. Annual rate increases will occur with or without initial rate phase-in.

The selected rate option would be included with the approval of the GreenWaste Agreement. Rates will subsequently proceed via a forthcoming Proposition 218 hearing.

Franchise Fee
The proposed Franchise Agreement incorporates a Franchise Fee that must be set by City Council resolution or ordinance. A Franchise Fee is a payment that the Contractor pays to City in consideration of the exclusive rights granted by the City under this Agreement and all costs related to managing the solid waste system. This fee is incorporated into the overall rate charged by the waste hauler. The Franchise Fee represents the City’s costs associated with the administration of the solid waste agreement and payment for use of government property.

The Franchise Fee for Year 1 of the Agreement has been set at $2,700,000, which is slightly less than the $2,820,000 to be received from the current provider in FY 2026/27 for the Franchise Fee and the various other contractually negotiated payments to fund illegal dumping, recycling education, and other legislatively required 348
Contract for Exclusive Solid Waste Collection Services with GreenWaste, LLC September 9, 2026

solid waste related programs. As the City will no longer be providing the billing services, the City will not include an administrative component in the customer rates. City costs for administering the solid waste program will be funded by the franchise fee revenue received from GreenWaste.

Environmental Considerations
This action is not a project subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).) Even if the action was considered a project, it would be exempt from CEQA pursuant to CEQA Guidelines section 15308 as a regulatory action by a public agency for protection of the environment. (CEQA Guidelines § 15308.) The proposed agreement will implement State mandated requirements regarding solid waste collection, recycling and California Senate Bill (SB) 1383, Short-lived Climate Pollutant Reduction Act of 2016, requirements designed to protect the environment by reducing waste and encouraging recycling.

Commission Recommendation
This item was presented to the Environment and Utilities Commission on August 10, 2026, where the Commission and community provided important feedback that led to revisions to the proposed contract terms.

The Commission also expressed a need for greater community engagement; in response to this feedback and that of City Council, staff conducted a series of community engagement events in late August and early September. Going forward, staff will return to the Commission with updates on the contractor transition process and the Proposition 218 process related to rate adjustments, as the Commission has a key advisory role to the City Council during the implementation of the proposed contract with GreenWaste.

Strategic Plan Integration
The ”Waste Hauler Contract Implementation” was approved by Council in February as a 2026 Policy Agenda Priority.

Alternatives
In addition to staff’s recommendation, the City Council’s primary alternatives are:
1) Direct staff to modify the contract with GreenWaste Recovery to consider scope, budget, and/or term adjustments; or
2) Reject the recommended actions and either select a different vendor or delay the process altogether.

Staff does not recommend Alternative 2. Pursuing a waste hauler contract requires a significant investment in resources, and a delay in choosing a hauler can have significant negative impacts on the public and on the new waste hauler’s ability to roll out a successful transition. Moving from one hauler to another requires a large amount of time for actions like collecting route information, communicating with the public and delivering new carts and bins. Also, a delay in selecting a contractor would also complicate and jeopardize the timing of the Proposition 218 process for rate adjustments, likely leaving this component of the City’s budget in a structural deficit for a longer time.

Coordination and Review
The report was coordinated with the Departments of Finance, Public Works Operations & Maintenance, Parks & Recreation, and the City Attorney’s Office.

Budget/Cost Impact
The contract will shift billing responsibility from the City to GreenWaste. As a result, there is no direct cost to the City related to this contract as GreenWaste will recover their costs through rates billed to customers for the service provided. The City will retain a Franchise Fee in the new contract to cover costs related to managing a waste hauler contract, which includes staffing, waste reduction outreach and programs, CalRecycle regulatory compliance, and other key waste-related initiatives. The first year’s Franchise Fee collected will be $2.7 million.

In addition, the City will receive $100,000 reimbursement of City’s costs for overseeing the transition of solid waste collection services to GreenWaste.

With the implementation of this contract, the City will no longer include an administrative portion in the customer rates to cover the City’s cost of billing and administering the solid waste program and will no longer be able to cover any shortfall that exists between customer-facing rates and the costs to provide the service. In FY 2026/27, the City’s estimated cost to cover the shortfall to customer rates for the past five years of contractor rate increases is projected to be approximately $1,900,000.
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ATTACHMENTS
1) Resolution 26-76
2) Draft - CDD26-274 GreenWaste Recovery Solid Waste Collection Agreement 350
Attachment 1
RESOLUTION 26-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING A SOLID WASTE FRANCHISE AGREEMENT WITH GREENWASTE RECOVERY, LLC.

WHEREAS, this proposed action is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(b), and meets the common sense exemption in Section 15061 (b)(3); and
WHEREAS, the City of West Sacramento has had a Collection Service Agreement with USA Waste of California, Inc. (hereinafter “WM”), since 1987; and WHEREAS, the Collection Service Agreement has been amended and restated over the years 1991, 1994, 2000, 2002, 2008, and 2017; and
WHEREAS, the Collection Service Agreement expires on June 30, 2027; and WHEREAS, the City engaged a third-party consultant to conduct an audit of WM’s performance under the current Collection Service Agreement identifying certain issues and areas of concern; and
WHEREAS, Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, required the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop certain regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, the SB 1383 regulations place requirements on jurisdictions to support achievement of statewide organic waste disposal reduction targets; and WHEREAS, in August 2025, City Manager’s Office directed staff to move forward with an open competitive proposal process for a new Solid Waste Collection Agreement; and WHEREAS, on November 6, 2025, the City of West Sacramento released a Request for Proposals (RFP) for the new Solid Waste Collection Agreement; and WHEREAS, Between May 2026 and July 2026, City staff and the City's consultant, R3, negotiated terms and conditions of a final Solid Waste Collection Agreement (Agreement) with GreenWaste Recovery, LLC (hereinafter “GreenWaste”) ; and WHEREAS, the negotiated terms and conditions in the final Agreement provide essential solid waste collection services for businesses and residents in the City of West Sacramento; and
WHEREAS, the negotiated terms and conditions in the final Agreement enable the City to comply with current regulatory and legal requirements, and establish performance standards for GreenWaste; and
WHEREAS, the full list of rates for the proposed solid waste collection services are set forth in the Agreement; and
WHEREAS, upon approval of the new Agreement, the City will move forward with the requirements of Proposition 218; and
WHEREAS, the current Collection Service Agreement with WM delineates the following 351
Resolution 26-76 – Solid Waste Collection Agreement with GreenWaste Recovery

fees to be remitted to the City: Franchise Fee, AB 939 Support Fee, Road Maintenance Fee, Illegal dumping cleanup fee, Street Sweeping Fee, Education Grant Program Fee, and Public Outreach and Education Program Fee; and
WHEREAS, the new Agreement with GreenWaste consolidates all fees into one Franchise Fee that reflects or is less than the actual costs that the City will incur in the administration of the contracted services, and compliance with mandatory state laws and regulations related to the contracted services and is set at $2,700,00 for year one (1) of the Agreement, July 1, 2027 through June 30, 2028; and
WHEREAS, the Franchise Fee shall be increased annually by Consumer Price Index series CUSR0000SEHG, Water and Sewer and Trash Collection Services in U.S. city average, all urban consumers, seasonally adjusted; and
WHEREAS, the City Council desires to provide a predictable process for periodically adjusting the franchise fee to account for inflation while retaining City Council authority over adjustments that exceed the limits established by this Resolution; and WHEREAS, the City Council finds that authorizing the City Manager to approve adjustments based on the established Consumer Price Index, subject to an annual cap of five percent (5%), constitutes an appropriate administrative implementation of policy established by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. The City Council of the City of West Sacramento hereby authorizes the City Manager or his designee to execute the Solid Waste Collection Agreement with GreenWaste Recovery, to be approved by the City Attorney with any minor administrative changes that do not materially alter the City's rights or responsibilities from those set forth in the attached draft agreement;

2. The City Council of the City of West Sacramento hereby authorizes staff to proceed with a Proposition 218 majority protest public hearing process related to the proposed increases in property related solid waste collection rates under the Solid Waste Collection Agreement set for July 1, 2027;

3. The City Council of the City of West Sacramento authorizes the City Manager to take such other actions as may be reasonably necessary to effectuate the intent of this resolution; and

4. The foregoing recitations are true and correct and are included herein by reference as findings.
352
Resolution 26-76 – Solid Waste Collection Agreement with GreenWaste Recovery

PASSED AND ADOPTED by the City Council of the City of West Sacramento at a regular meeting of the City Council held on this 9th day of September 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
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CDD26-274 – Solid Waste Collection Services
Expires on 06/30/2037
DRAFT 9/4/2026 Page 1
1 DRAFT SOLID WASTE FRANCHISE COLLECTION
2 AGREEMENT
3 4 Executed Between the
5 City of West Sacramento and GreenWaste Recovery, LLC
6 7 This ___ day of ___ 2026
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CDD26-274 – Solid Waste Collection Services
Expires on 06/30/2037
DRAFT 7/23/26
8 TABLE OF CONTENTS
9 Solid Waste Collection Agreement
10 DEFINITIONS, TERMS AND CONDITIONS
11 Article 1. Definitions .............................................................................................................. 5 12 Article 2. Term of Agreement .............................................................................................. 21 13 Article 3. Conditions Governing Services Provided by Contractor ..................................... 22 14 Article 4. Franchise Fees and Payments ............................................................................ 25 15 16 SCOPE OF COLLECTION SERVICES
17 Article 5. General Requirements ........................................................................................ 27 18 Article 6. Collection Service Rates ..................................................................................... 43 19 Article 7. Collection Service Billing ..................................................................................... 47 20 Article 8. Service Unit Types ............................................................................................... 50 21 Article 9. SFD Service ........................................................................................................ 51 22 Article 10. MFD Collection Service ....................................................................................... 59 23 Article 11. Commercial Service ............................................................................................ 65 24 Article 12. City Services ....................................................................................................... 71 25 Article 13. Temporary Bin and Roll-Off Container Service .................................................... 73 26 Article 14. Additional Services .............................................................................................. 74 27 Article 15. Emergency Service ............................................................................................. 75 28 Article 16. Collection Routes ................................................................................................ 76 29 Article 17. Collection Equipment .......................................................................................... 77 30 Article 18. Contractor's Personnel ........................................................................................ 81 31 32 CUSTOMER SERVICE, SUSTAINABILITY, AND DIVERSION
33 Article 19. Customer Service Program and Complaint Resolution ....................................... 83 34 Article 20. Diversion Requirements ...................................................................................... 87 35 Article 21. Sustainability, Outreach, and Compliance ........................................................... 92 36 37 RECORDKEEPING AND REPORTING
38 Article 22. Minimum Performance Standards ..................................................................... 103 39 Article 23. Record Keeping and Reporting Requirements .................................................. 106 40 Article 24. Contractor’s Records ......................................................................................... 117 41 42 INSURANCE, PERFORMANCE BOND & INDEMNITY
43 Article 25. Performance Bond ............................................................................................ 118 44 Article 26. Insurance ........................................................................................................... 119 45 Article 27. Hold Harmless and Indemnification ................................................................... 124 46 355
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47 PERFORMANCE, DEFAULT & REMEDIES
48 Article 28. Modifications to the Agreement ......................................................................... 128 49 Article 29. Quality of Performance of Contractor ................................................................ 129 50 Article 30. Default of Agreement ......................................................................................... 132 51 Article 31. Transition to Next Contractor ............................................................................. 135 52 53 OTHER AGREEMENTS OF THE PARTIES
54 Article 32. Legal Representation ........................................................................................ 135 55 Article 33. Conflict of Interest ............................................................................................. 135 56 Article 34. Exempt Waste ................................................................................................... 136 57 Article 35. Independent Contractor ..................................................................................... 136 58 Article 36. Laws to Govern ................................................................................................. 137 59 Article 37. Consent to Jurisdiction ...................................................................................... 137 60 Article 38. Assignment ........................................................................................................ 137 61 Article 39. Compliance with Laws ....................................................................................... 138 62 Article 40. Permits and Licenses ........................................................................................ 138 63 Article 41. Ownership of Written Materials ......................................................................... 138 64 Article 42. Waiver ............................................................................................................... 139 65 Article 43. Prohibition Against Gifts .................................................................................... 139 66 Article 44. Point of Contact ................................................................................................. 139 67 Article 45. Notices .............................................................................................................. 139 68 69 MISCELLANEOUS AGREEMENTS
70 Article 46. Nondiscrimination .............................................................................................. 140 71 Article 47. Entire Agreement ............................................................................................... 140 72 Article 48. Severability ........................................................................................................ 140 73 Article 49. Right to Require Performance ........................................................................... 140 74 Article 50. All Prior Agreements Superseded ..................................................................... 141 75 Article 51. Headings ........................................................................................................... 141 76 Article 52. Exhibits .............................................................................................................. 141 77 Article 53. Attorney’s Fees .................................................................................................. 141 78 Article 54. Representations and Warranties ....................................................................... 141 79 80 STATEMENT OF COMMENCEMENT DATE, SIGNATURES ............................................... 143 81 Article 55. Commencement Date
82 83
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84 Exhibits
85 Exhibit 1 Maximum Service Rates ......................................................................................... 145 86 Exhibit 2 Refuse Rate Index (RRI) ........................................................................................ 153 87 Exhibit 3 List of City Facilities and Service Levels ................................................................ 156 88 Exhibit 4 Collection Container Specifications ........................................................................ 157 89 Exhibit 5 Administrative Charges and Penalties .................................................................... 160 90 Exhibit 6 Transition Plan ........................................................................................................ 165 91 Exhibit 7 Collection Service Operations Plan ........................................................................ 171 92 Exhibit 8 Processing and Disposal Facilities ......................................................................... 183 93 Exhibit 9 Sustainability and Compliance Plan ....................................................................... 184 94 Exhibit 10 Education and Outreach Plan ............................................................................... 194 95 Exhibit 11 Contamination Reduction Plan ............................................................................. 200 96 Exhibit 12 Reporting .............................................................................................................. 204 97 Exhibit 13 Acceptable Recyclable Materials, Acceptable Organic Waste .............................. 207 98 Exhibit 14 Contamination and Overage Process Summary .................................................. 214 99 Exhibit 15 Contractor’s Proposal ........................................................................................... 215 100
101
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102 This Solid Waste Collection Agreement (“Agreement”) is hereby entered into by and 103 between the City of West Sacramento (“City”), a general law city existing under the laws 104 of the State of California (“State”), and GreenWaste Recovery, LLC (“Contractor”), a 105 Delaware limited liability company authorized to conduct business in California, as of 106 ______, 2026, under the terms and conditions set forth herein. 107 RECITALS
108 The Legislature of the State of California, by enactment of the California Integrated Waste 109 Management Act of 1989 (the “Act”) and subsequent additions and amendments (codified 110 at California Public Resources Code Section 40000 et seq.), has declared that it is in the 111 public interest to authorize and require local agencies to make adequate provisions for 112 garbage collection within their jurisdiction.
113 The State of California has found and declared that the amount of garbage generated in 114 California, coupled with diminishing landfill space and potential adverse environmental 115 impacts from landfilling and the need to conserve natural resources, have created an 116 urgent need for State and local agencies to enact and implement an aggressive integrated 117 waste management program. The State has, through enactment of the Act, directed the 118 responsible State agency, and all local agencies, to promote disposal site diversion and 119 to maximize the use of feasible garbage reduction, re-use, recycling, and composting 120 options to reduce the amount of garbage that must be disposed of in disposal sites. 121 Pursuant to its Municipal Code and California Public Resources Code Section 40059(a) 122 as may be amended from time to time, City has determined that the public health, safety, 123 and well-being require that an exclusive right be awarded to a qualified contractor to 124 provide for the collection of garbage, recyclable materials, and organic waste materials, 125 except for collection of materials excluded in City’s Municipal Code, and other services 126 related to meeting the Act’s fifty percent (50%) diversion goal and other requirements of 127 the Act.
128 The City further declares its intent to regulate and set the maximum rates Contractor may 129 charge Service Recipients for the collection of garbage, recyclable materials, and organic 130 waste materials.
131 The City Council has determined that Contractor, by demonstrated experience, 132 reputation, and capacity, is qualified to provide for the collection of garbage, recyclable 133 materials, and organic waste materials within the corporate limits of City and the 134 transportation of such material to appropriate places for processing, recycling, 135 composting, and/or disposal; and City Council desires that Contractor be engaged to 136 perform such collection services on the basis set forth in this Agreement; and Contractor 137 has represented that it has the ability and capacity to provide for the collection of garbage, 138 recyclable materials, and organic waste materials within the corporate limits of City and 139 the transportation of such material to appropriate places for processing, recycling, 140 composting, and/or disposal.
141 By Resolution No. 26-76, the City Council of City duly approved this Agreement, together 142 with the Franchise Fee, Contractor payments to City, and other City-imposed fees 143 provided for in the Agreement (collectively “City-Imposed Fees”), and found and 358
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144 determined that such City-Imposed Fees were both necessary and reasonably reflect, or 145 are less than, the actual costs City that will incur in the administration of the contracted 146 services, and compliance with mandatory state laws and regulations related to the 147 contracted services.
148 OPERATIVE PROVISIONS
149 Now, therefore, in consideration of the mutual covenants, agreements, and consideration 150 contained in this Agreement, City and Contractor agree as follows:
151 Article 1. Definitions
152 For the purpose of this Agreement, the definitions contained in this Article apply unless 153 otherwise specifically stated. When not inconsistent with the context, words used in the 154 present tense include the future, words in the plural include the singular, and words in the 155 singular include the plural. Use of the masculine gender includes the feminine gender. 156 The meaning of terms or words not defined in this Article will be as defined in the 157 Integrated Waste Management Act, or if not defined therein, then as commonly 158 understood in the Solid Waste Collection industry when the common understanding is 159 uncertain.
160 1.1 AB 341. “AB 341” means State of California Assembly Bill No. 341, approved 161 October 5, 2011. AB 341 requires businesses, defined to include commercial or public 162 entities that generate more than four (4) cubic yards of commercial Solid Waste per week 163 or multifamily residential dwellings of five (5) units or more, to arrange for Recycling 164 services and requires jurisdictions to implement a commercial Solid Waste Recycling 165 program.
166 1.2 AB 827. “AB 827” means State of California Assembly Bill No. 827, approved 167 October 2, 2019. AB 827 requires businesses that are mandated to recycle under AB 341 168 (“MCR”) and/or mandated to recycle Organic Waste under AB 1826 (“MORe”) or SB 1383 169 and that provide customers access to the business, to provide customers with a 170 Recyclable Materials Bin and/or Organic Waste Collection Bin for those waste streams 171 that is visible, easily accessible, and adjacent to each Bin or Container for trash. 172 1.3 AB 939 or The Act. “AB 939” or “The Act” means “The California Integrated Waste 173 Management Act of 1989”, codified in part in Public Resources Code §§ 40000 et seq., 174 and such regulations adopted by California Department of Resources Recycling and 175 Recovery (CalRecycle) for implementation of the Act, or its successor agency, including 176 but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, 177 Statutes of 2008 [Wiggins, SB 1016]), and the Mandatory Commercial Organics 178 Recycling Act (AB 1826).
179 1.4 AB 1594. “AB 1594” means State of California Assembly Bill No. 1594, approved 180 September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green 359
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181 material as Alternative Daily Cover does not constitute Diversion through Recycling and 182 would be considered Disposal.
183 1.5 AB 1826. “AB 1826” means State of California Assembly Bill No. 1826, approved 184 September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, 185 to implement an Organic Waste Recycling program to Divert from the landfill Organic 186 Waste from businesses. Each business meeting specific Organic Waste or Solid Waste 187 generation thresholds phased in from April 1, 2016, to January 1, 2020, is required to 188 arrange for Organic Waste Recycling services.
189 1.6 AB 3036. “AB 3036” means State of California Assembly Bill No. 3036, approved 190 September 27, 2018. AB 3036 prohibits a County, City, District, or local government 191 agency from subjecting the hauling of certain byproducts from the processing of food or 192 beverages to an exclusive franchise, contract, license, or permit. 193 1.7 Administrative Charges and Penalties. “Administrative Charges and Penalties” 194 means those charges listed in Exhibit 5 to this Agreement. 195 1.8 Agreement. “Agreement” means the written Solid Waste Collection Agreement 196 between the City and the Contractor covering the work to be performed, as well as all 197 contract documents attached to the agreement and made a part thereof. 198 1.9 Agreement Administrator. “Agreement Administrator” means the City Manager, or 199 his or her designee, designated to administer and monitor the provisions of the 200 Agreement.
201 1.10 Agreement Year. “Agreement Year” means each twelve (12) month period from 202 July 1 to June 30 during the Term of this Agreement. 203 1.11 Alternative Fuel Vehicle. “Alternative Fuel Vehicle” means a vehicle whose engine 204 uses a fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or 205 other fuel with comparably low emissions of air pollutants regulated under the California 206 Clean Air Act, Health and Safety Code Section 39000 et seq., or the Yolo-Solano Air 207 Quality Management District’s rules and regulations. 208 1.12 Applicable Law. “Applicable Law” shall mean all federal, State, County, and local 209 laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other 210 requirements of any governmental agency having jurisdiction over an aspect of this 211 Agreement that are in force on the Effective Date, and as may be enacted, issued, or 212 amended thereafter, including, without limitation, the City’s Municipal Code, the California 213 Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et 214 seq.) as amended as of the Effective Date, inclusive (without exclusion to other 215 amendments not referenced here) of AB 939, AB 341, AB 1826, AB 1594, SB 1383, and 360
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216 inclusive of all regulations implementing the same. It shall also include SB 54, the Plastic 217 Pollution Prevention and Packaging Producer Responsibility Act, and the California Air 218 Resources Board Advanced Clean Fleets regulations (2023). 219 1.13 Bin. “Bin” means a metal or plastic waste Container designed or intended to be 220 mechanically serviced by a commercial front-end loader vehicle. It shall be designed to 221 hold from one (1) to six (6) cubic yards of material with the lid properly closed. The 222 specifications for Contractor-provided Bins are set forth in Exhibit 4. 223 1.14 Biohazardous or Biomedical Waste. “Biohazardous or Biomedical Waste” means 224 any waste which may cause disease or reasonably be suspected of harboring pathogenic 225 organisms. Included in the definition are waste resulting from the operation of medical 226 clinics, hospitals, and other facilities processing wastes, which may consist of, but are not 227 limited to, human and animal parts, contaminated bandages, pathological specimens, 228 hypodermic needles, sharps, contaminated clothing, and surgical gloves. 229 1.15 Bulky Waste or Bulky Items. “Bulky Waste” or “Bulky Items” means furniture, 230 household appliances, automobile tires, toilets and similar household fixtures, shipping 231 crates and containers, carpets, mattresses, oversized yard waste such as tree trunks and 232 large branches if no larger than two feet in diameter and four feet in length, and similar 233 large bulky or heavy items not normally discarded on a regular basis at a residential, 234 commercial, or business establishment and whose large size precludes or complicates 235 their placement in a regular Collection Container and require special handling due to their 236 size but can be Collected and transported without the assistance of special loading 237 equipment (such as forklifts or cranes) and without violating vehicle load limits. “Bulky 238 Items” do not include Construction and Demolition Debris or Electronic Waste, the latter 239 of which is regarded as Universal Waste and the Disposal of which is governed by the 240 Department of Toxic Substances Control.
241 1.16 Business Day. “Business Day” means any Monday, Tuesday, Wednesday, 242 Thursday or Friday, excluding any Holidays as defined in Section 1.66. 243 1.17 Calendar Year. “Calendar Year” means each twelve (12) month period from 244 January 1 to December 31.
245 1.18 Cart. “Cart” means a heavy plastic receptacle with a rated capacity of at least 246 twenty (20) and not more than one hundred (100) gallons, having a hinged tight-fitting lid 247 and wheels. The specifications for Contractor-provided Carts are set forth in Exhibit 4. 248 1.19 CERCLA. “CERCLA” means the Comprehensive Environmental Response, 249 Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 and following, as may 250 be amended and regulations promulgated thereunder.
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251 1.20 Change in Law. “Change in Law” means the occurrence of any of the following 252 events after the Effective Date, when such event has a material and adverse effect on the 253 parties’ responsive obligations or the performance of their respective obligations under 254 this Agreement (except for any payment obligations): (i) the enactment, adoption, 255 promulgation, amendment, repeal, judicial interpretation, or formal administrative 256 interpretation of any Applicable Law; (ii) the issuance of any order or judgment of any 257 federal, State, or local court or agency in a proceeding to which a Party is a party, but not 258 to the extent such order or judgment finds the Party asserting there to have been a 259 Change in Law to have been negligent or otherwise at fault; or (iii) the denial, suspension, 260 or termination of any government permit or other entitlement, but not to the extent such 261 denial, suspension, or termination is the result of any act or omission of the Party 262 asserting there to have been a Change in Law.
263 1.21 City. “City” means the City of West Sacramento, California, including any 264 unincorporated areas of the County that are annexed by the City during the Initial Term 265 and all extensions.
266 1.22 City Collection Service. “City Collection Service” means City Clean-up Services, 267 City Garbage Collection Service, City Organic Waste Collection Service, City Recyclable 268 Materials Service, and City-Sponsored Events Services as more particularly described 269 immediately below.
270 1.22.1 Large-Scale City Clean-ups and Event Services. On-call City-requested 271 Collection from Agreement Administrator to support City services and operations. 272 1.22.2 City Garbage Collection Service. The Collection of Garbage, by 273 Contractor, from City Service Units in the Service Area, and the delivery of that 274 Garbage to the Disposal Facility.
275 1.22.3 City Organic Waste Collection Service. The Collection of Organic Waste, 276 by Contractor, from City Service Units in the Service Area, and the delivery of those 277 Organic Waste materials to the Organic Waste Processing Facility. 278 1.22.4 City Recyclable Materials Collection Service. The Collection of 279 Recyclables Materials by the Contractor from City Service Units in the Service 280 Area, and the delivery of those Recyclable Materials to the Materials Recovery 281 Facility.
282 1.23 City Facility. “City Facility(ies)” means any building or other site that the City owns, 283 leases, or occupies that are listed in Exhibit 3.
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284 1.24 City Manager. “City Manager” means the City Manager of the City of West 285 Sacramento, or his or her designated representative, or any employee of the City who 286 succeeds to the duties and responsibilities of the City Manager. 287 1.25 Collect and Collection and Collected. “Collect”, “Collection”, and “Collected” all 288 refer to the removal of Solid Waste from a Service Unit and transportation to the Disposal 289 Facility, Organic Waste Processing Facility, Materials Recovery Facility, or Transfer 290 Station, as appropriate.
291 1.26 Collection Container. “Collection Container” means a Bin, Cart, Debris Box, or Roll292 Off Container that is approved by the Agreement Administrator for use by Service 293 Recipients for Collection Services under this Agreement. 294 1.27 Collection Services. “Collection Services” means Contractor’s obligations under 295 this Agreement to Collect Solid Waste within the Service Area. Collection Service includes 296 Single Family Dwelling (SFD) Collection Service, Multi-Family Dwelling (MFD) Collection 297 Service, Commercial Collection Service, and City Collection Service. 298 1.28 Collection Vehicle. “Collection Vehicle” means a licensed vehicle that has all 299 required licenses to provide Collection Service and that has been approved by the 300 Agreement Administrator for use under this Agreement. 301 1.29 Commencement Date. “Commencement Date” has the meaning specified in 302 Section 2.1 of this Agreement.
303 1.30 Commercial Collection Service. “Commercial Collection Services” means 304 Collection Service provided to Commercial Service Units. Commercial Collection Service 305 specifically includes the following:
306 1.30.1 Commercial Garbage Collection Service. The Collection of Garbage by 307 Contractor from Commercial Service Units in the Service Area, and the delivery of 308 that Garbage to the Disposal Facility.
309 1.30.2 Commercial Organic Waste Collection Service. The Collection of 310 Organic Waste, by Contractor, from Commercial Service Units in the Service Area 311 and the delivery of those Organic Waste materials to the Organic Waste 312 Processing Facility.
313 1.30.3 Commercial Recyclable Materials Collection Service. The Collection of 314 Recyclable Materials, by Contractor, from Commercial Service Units in the Service 315 Area, and the delivery of those Recyclable Materials to the Materials Recovery 316 Facility.
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317 1.31 Compactor. “Compactor” means any Collection Container which has a compaction 318 mechanism, whether stationary or mobile.
319 1.32 Complaint. Written or orally communicated statements made by members of the 320 public, Customers, Owners, or occupants of properties served by Contractor, or officers, 321 employees, or agents of City, alleging non-performance or deficiencies in Contractor’s 322 performance, or otherwise alleging a violation by Contractor of the provisions of this 323 Agreement.
324 1.33 Compost. “Compost” means the act or product of the controlled biological 325 decomposition of Organic Wastes that are Source Separated or are separated at a 326 centralized facility. Compost may also include the product of anaerobic digestion or other 327 conversion technologies.
328 1.34 Construction and Demolition Debris. “Construction and Demolition Debris” means 329 discarded materials removed from Premises, resulting from construction, renovation, 330 remodeling, repair, deconstruction, or demolition operations on any pavement, house, 331 commercial building, or other structure or from landscaping. Such materials include, but 332 are not limited to: “inert wastes” as defined in Public Resources Code Section 333 41821.3(a)(1) (rock, concrete, brick, sand, soil, ceramics, and cured asphalt); gravel; 334 plaster; gypsum wallboard; aluminum; glass; plastic pipe; roofing material; carpeting; 335 wood; masonry; trees; remnants of new materials, including paper, plastic, carpet scraps, 336 wood scraps, scrap metal, building materials, and packaging; and rubble resulting from 337 construction, remodeling, renovation, repair and demolition operations on pavements, 338 houses, commercial buildings, and other structures. 339 1.35 Construction and Demolition Debris Processing Facility. “Construction and 340 Demolition Debris Processing Facility” means the facility to which mixed Construction and 341 Demolition Debris is brought for separation into marketable materials. 342 1.36 Consumer Price Index (CPI). “CPI” means both the index sets published by the 343 United States Department of Labor, Bureau of Labor Statistics and, more specifically, 344 Consumer Price Index series CUSR0000SEHG, Water and Sewer and Trash Collection 345 Services in U.S. city average, all urban consumers, seasonally adjusted. 346 1.37 Container. “Container" means a Collection container. 347 1.38 Contamination. “Contamination” means (a) material placed in a Recyclable 348 Materials Container other than Recyclable Materials in quantities greater than 10%, as 349 observed and documented by Contractor personnel, and (b) material placed in an Organic 350 Waste Container other than Organic Waste in quantities greater than 3%, as observed 351 and documented by Contractor personnel or camera technology, and (c) Excluded Waste 352 in any quantity in any Container.
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353 1.39 Corrective Action Notice. “Corrective Action Notice” means a written notice via 354 email, U.S. mail, or in person to the Service Recipient who has had an Overage or 355 Contamination violation, that includes the following: date of the offense; Description of the 356 offense; If available, a photograph or video (or link to photograph or video); A description 357 of the materials that are appropriate for collection in said Container and a link to view 358 online with educational materials; and a website to obtain additional information. A 359 Corrective Action Notice may be inclusive of a Non-Collection Notice, as defined in 360 Section 1.74. Corrective Action Notice format, language and tone shall be approved by 361 the Agreement Administrator.
362 1.40 Contractor. “Contractor” has the meaning given to such term in the preamble to 363 this Agreement.
364 1.41 County. “County” means Yolo County, California. 365 1.42 Customer. “Customer" means the owner, occupant, or user of Premises at which 366 Solid Waste is generated and then Collected by Contractor. Customers include SFD 367 Customers, MFD Customers, and Commercial Customers. City is also a receiver of 368 Collection Services, but not a Customer.
369 1.43 De Minimis Waiver. “De Minimis Waiver” has the same meaning as included in 14 370 CCR Section 18984.11.
371 1.44 Debris Box. “Debris Box” means a large open-top rectangular metal Container, 372 affixed with a tarp, lid or alternative cover, used to store and transport Solid Waste, 373 Recyclable Materials, Green Waste, Construction and Demolition Debris, or other 374 materials, and Collected using a special vehicle equipped with hooks and a winch to pull 375 the Debris Box onto the flat bed of the truck for transport. 376 1.45 Dispose or Disposal. “Disposal” or “Dispose” means the final disposition of Solid 377 Waste at a permitted landfill or other permitted Solid Waste Disposal facility, as defined in 378 California Public Resources Code Section 40192(b).
379 1.46 Disposal Facility. “Disposal Facility” means the permitted place or places listed in 380 Exhibit 8 for the Disposal of Garbage or other materials as appropriate and acceptable. 381 1.47 Diversion or Divert. “Diversion” and “Divert” refer to the programs and activities 382 that reduce or eliminate the Disposal of Solid Waste in landfills, which can include source 383 reduction, reuse, salvage, Recycling, and Composting. 384 1.48 Diversion Compliance. “Diversion Compliance” means compliance with Diversion 385 requirements under the Act and applicable CalRecycle regulations. Should there be a 365
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386 Change in Law for Diversion Compliance, Contractor may request a rate adjustment 387 pursuant to Section 6.4.
388 1.49 Diversion Guarantee. “Diversion Guarantee” means the guaranteed threshold of 389 Diversion, based on a calculation of materials Collected versus materials Recycled, 390 Composted, or otherwise Diverted from Landfill, that Contractor agrees to achieve during 391 the course of the Term.
392 1.50 Dwelling Unit. “Dwelling Unit” means a building or part of a building designed for 393 residential use by a single independent housekeeping unit and having separate exterior 394 access, toilet, and facilities for cooking and sleeping. 395 1.51 Edible Food. “Edible Food” has the same meaning as found in Section 8.08.020 of 396 the City of West Sacramento’s Municipal Code. Edible Food means food intended for 397 human consumption. For purposes of this Agreement, Edible Food is not Solid Waste if it 398 is recovered and not discarded. Nothing in this Agreement requires or authorizes the 399 recovery of food that does not meet the food safety requirements of the California Retail 400 Food Code.
401 1.52 Edible Food Recovery. “Edible Food Recovery” means the actions to 1) collect 402 Edible Food from places where it would otherwise go to waste, such as, but not limited 403 to, restaurants, grocery stores, produce markets, school cafeterias, or dining facilities, 404 and 2) distribute said Edible Food to local food recovery organizations (as defined in City 405 of Sacramento Municipal Code Section 8.08.020) or other entities for Food Recovery. 406 1.53 Effective Date. “Effective Date of Agreement” shall mean the date on which the 407 Agreement is signed by the duly authorized representatives of the parties and delivered 408 by the last of the parties to sign and deliver. Signatures by duly authorized representatives 409 are found in Article 55.
410 1.54 Electronic Waste (E-Waste). “E-Waste” means electronic equipment such as 411 stereos, televisions, computers, and other similar items. 412 1.55 Exempt Waste. “Exempt Waste” consists of “Exempt Waste” as defined in 8.08.020 413 of the City of West Sacramento’s Municipal Code as well as Biohazardous or Biomedical 414 Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat 415 trailers, internal combustion engines, lead-acid batteries, dead animals, and those wastes 416 under the control of the Nuclear Regulatory Commission. 417 1.56 Food Recovery. “Food Recovery” has the same meaning as included in 14 CCR 418 Section 18982(24) and means actions to collect and distribute food for human 419 consumption which otherwise would be disposed.
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420 1.57 Food Waste. “Food Waste” means (1) food scraps, including all edible or inedible 421 food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, 422 rice, beans, pasta, bread, cheese, coffee grounds, and eggshells; and (2) food-soiled 423 paper, which is one-hundred percent (100%) plant-based compostable paper material 424 that has come in contact with food or non-hazardous liquid, such as, but not limited to, 425 compostable paper plates, paper coffee cups, napkins, and pizza boxes. Non-BPI 426 certified plastic coated paper products, such as plastic-coated coffee cups, milk cartons 427 and paper plates, are not compostable. Food Waste excludes fats, oils, and grease when 428 such materials are Source Separated from other Food Waste. 429 1.58 Franchise Fee. “Franchise Fee” means a payment that the Contractor has 430 voluntarily agreed to pay to City in consideration of the exclusive rights granted by the 431 City under this Agreement. City and Contractor acknowledge and agree that the amount 432 of the Franchise Fee is the result of bona fide, arms-length negotiations between City and 433 Contractor. Contractor further acknowledges and agrees that the amount of the Franchise 434 Fee represents the City’s costs associated with this Agreement and payment for use of 435 government property. Contractor is not required by this Agreement or any City ordinance, 436 resolution, or regulation to charge the Franchise Fee to Customers. Because the 437 Franchise Fee represents a cost to Contractor in performing services pursuant to this 438 Agreement, Contractor may, in its sole discretion, include an amount equal to the 439 Franchise Fee in Contractor’s compensation.
440 1.59 Garbage. “Garbage” means all putrescible and non-putrescible solid, and semi441 solid waste, as defined in California Public Resources Code Section 40191, generated or 442 accumulated through the normal activities of a Premises. Garbage does not include 443 Recyclable Materials, Organic Waste, or Bulky Waste that is source-separated and set 444 out for purposes of Collection and Recycling, nor does it include Exempt Waste. 445 1.60 Garbage Collection Service. “Garbage Collection Service” means the Collection of 446 Garbage from Service Units, and the delivery of those Garbage materials to the Disposal 447 Facility.
448 1.61 Good Faith. “Good Faith” means acting honestly and in a manner consistent with 449 terms of this Agreement. Good Faith includes acting without deceit, without dishonesty, 450 and without acting in a manner that would frustrate the purpose of this Agreement. The 451 purposes of this Agreement would be frustrated, for example, subject to the express terms 452 and conditions of this Agreement, if a party acted or failed to act in a manner that would 453 be inconsistent with providing cost-efficient high-quality service to the residents and 454 businesses of West Sacramento or that would be inconsistent with helping ensure that 455 the City meets or exceeds its waste diversion requirements and goals. 367
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456 1.62 Green Waste. “Green Waste” means grass clippings, leaves, landscape and 457 pruning waste, wood materials from trees and shrubs, and other forms of organic 458 materials generated from landscapes or gardens.
459 1.63 Gross Revenue. “Gross Revenue” means all monetary amounts actually collected 460 or received by Contractor for the provision of all services pursuant to this Agreement, 461 including, but not limited to: all receipts from Service Recipients, inclusive of late charges, 462 Contamination charges, Franchise Fees, or any other cost of doing business. “Gross 463 Revenue”, for purposes of this Agreement, does not include revenues generated from the 464 sale of Recyclable Material, Compost, or energy; or grants, cash awards, State of 465 California Department of Conservation payments, or rebates resulting from the 466 performance of this Agreement.
467 1.64 Hauler Route. “Hauler Route” means the designated weekly itinerary or sequence 468 of stops scheduled to be performed by one Collection Vehicle providing regularly 469 scheduled Collection Services for Solid Waste within the Service Area. 470 1.65 Hazardous Waste. “Hazardous Waste” shall have the meaning set forth in 471 California Code of Regulations, Title 14 §17225.32, and Health and Safety Code §25117, 472 or successor laws and regulations as may be amended from time to time. 473 1.66 Holiday. “Holiday” means New Year’s Day, Independence Day, Labor Day, 474 Thanksgiving Day, and Christmas Day, on which days Collection Service will not be 475 provided until the following day, excluding Sunday, and on which days the Contractor is 476 not required to maintain office hours, as detailed in Section 5.3. 477 1.67 Household Hazardous Waste (HHW). “HHW” means that waste resulting from 478 products purchased by the general public for household use which, because of its 479 quantity, concentration, or physical, chemical, or infectious characteristics, may pose a 480 substantial known or potential hazard to human health or the environment when 481 improperly treated, Disposed, or otherwise managed, or, in combination with other Solid 482 Waste, may be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the 483 characteristics of ignitability, corrosivity, reactivity, or toxicity as per California Code of 484 Regulations Title 22, Division 4.5, Chapter 11, Section 66261.3. 485 1.68 Kitchen Food Waste Pail. “Kitchen Food Waste Pail” means a waste 486 receptacle approved by the City for use by SFD and MFD Service Units for temporary 487 storage of Organic Waste prior to placement of Organic Waste in the applicable Organics 488 Service Container.
489 1.69 Mandatory Service. “Mandatory Service” means compulsory Service Recipient 490 subscription to appropriate service levels, including minimum Recyclable Materials and 491 Organic Waste Collection Service based on Service Unit type and/or number of Dwelling 368
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492 Units, as applicable, to help achieve the City’s Diversion goals. Mandatory Service may 493 be waived if Service Recipient has acquired City-approved De Minimis Waiver, Physical 494 Space Waiver, Alternative Compliance, or equivalent service provided by a City-approved 495 franchise hauler for non-exclusive services.
496 1.70 Materials Recovery Facility. “Materials Recovery Facility” means the facility listed 497 in Exhibit 8 to which Recyclable Materials are brought for separation into marketable 498 Recyclable Materials.
499 1.71 Maximum Service Rate. “Maximum Service Rate” means the maximum amount 500 that Contractor may charge Service Recipients for Solid Waste Collection, as listed in 501 Exhibit 1, and as may be adjusted in accordance with the provisions of this Agreement. 502 1.72 Multi-Family Dwelling (MFD) Collection Service. “MFD Collection Service” means 503 Collection Service that serves a Multi-Family Dwelling Service Unit, and specifically 504 includes the following:
505 1.72.1 MFD Garbage Collection Service. The Collection of Garbage, by 506 Contractor, from MFD Service Units in the Service Area, and the delivery of that 507 Garbage to the Disposal Facility.
508 1.72.2 MFD Bulky Waste Collection Service. The periodic on-call Collection of 509 Bulky Waste, by Contractor, from MFD Service Units in the Service Area and the 510 delivery of that Bulky Waste to a reuse partner, the Materials Recovery Facility, the 511 Disposal Facility, or such other facility as may be appropriate under the terms of 512 this Agreement. MFD Bulky Waste Collection Service may include the Collection 513 of Bulky Waste using Roll-Off Containers.
514 1.72.3 MFD Organic Waste Collection Service. The Collection of Organic 515 Waste, by Contractor, from MFD Service Units in the Service Area, and the delivery 516 of those Organic Waste materials to the Organic Waste Processing Facility. 517 1.72.4 MFD Recyclable Materials Service. The Collection of Recyclables 518 Materials by the Contractor from MFD Service Units in the Service Area, and the 519 delivery of those Recyclable Materials to the Materials Recovery Facility. 520 1.73 Municipal Code. “Municipal Code” means the City of West Sacramento Municipal 521 Code.
522 1.74 Non-Collection Notice. “Non-Collection Notice” means a written notice approved 523 by the Agreement Administrator that notifies a Service Recipient of the reason Contractor 524 did not Collect Solid Waste that had been set out for Collection. A Non-Collection Notice 525 includes instructions applicable to the specific reason for non-Collection. A Non-Collection 369
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526 Notice may be included on a Corrective Action Notice, as defined in Section 1.39. Non527 Collection Notice format, language, and tone shall be approved by the Agreement 528 Administrator.
529 1.75 Organic Waste. “Organic Waste” means any material capable of being 530 containerized and Diverted from the landfill, consistent with 8.08.020 of the City of West 531 Sacramento’s Municipal Code and means Food Waste, Green Waste, and Wood Waste. 532 Organic Waste that can be placed in the Organic Waste Container is listed in Exhibit 13, 533 and the term also includes any other items determined by the Agreement Administrator. 534 1.76 Organic Waste Collection Service. “Organic Waste Collection Service” means the 535 Collection of Organic Waste that have been separated from other Solid Waste from 536 Service Units, and the delivery of those Organic Waste materials to the Organic Waste 537 Processing Facility.
538 1.77 Organic Waste Processing Facility. “Organic Waste Processing Facility” means the 539 facility designed, operated, and legally permitted for the purpose of receiving and 540 processing Food Waste, Green Waste, and Organic Waste listed in Exhibit 8. 541 1.78 Overage. “Overage” means (i) Garbage, Recyclable Materials, or Organic Waste 542 exceeding its Container’s intended capacity such that an individual lid is lifted by an 543 average of at least 10 inches (or would be lifted by at least 10 inches if lowered) or (ii) 544 Garbage, Recyclable Materials, or Organic Waste placed on top of a Container. 545 1.79 Party or Parties. "Party" or "Parties" means the City and/or Contractor. 546 1.80 Physical Space Waivers. “Physical Space Waivers” has the same meaning as 547 included in 14 CCR Section 18984.11.
548 1.81 Premises. “Premises” means any land or building in the City where waste is 549 generated or accumulated.
550 1.82 Prohibited Container Contaminants. “Prohibited Container Contaminants” means 551 any of the following: (i) materials placed in a Recyclable Materials Container that are not 552 Recyclable Materials; (ii) materials placed in an Organic Waste Container that are not 553 Organic Waste; (iii) materials placed in a Garbage Container that are Recyclable 554 Materials or Organic Waste; and (iv) Exempt Waste placed in any Cart or Bin. 555 1.83 Quarter. “Quarter” means a three-month period during a Calendar Year. The first 556 Quarter is January through March. The second Quarter is April through June. The third 557 Quarter is July through September. The fourth Quarter is October through December. 370
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558 1.84 Rate Year. “Rate Year” means the period of July 1 to June 30 for each year during 559 the Term of this Agreement.
560 1.85 Recyclable Materials. “Recyclable Materials” or “Recyclable Material” means any 561 material capable of being containerized and Diverted from the landfill, consistent with the 562 requirements of the Act. Recyclable Materials that can be placed in the Recyclable 563 Materials Container are listed in Exhibit 13, and the term also includes any other items 564 determined by the Agreement Administrator.
565 1.86 Recyclable Materials Collection Service. “Recyclable Materials Collection Service” 566 means the Collection of Recyclable Materials that have been separated from other Solid 567 Waste from Service Units, and the delivery of those Recyclable Materials to the Materials 568 Recovery Facility.
569 1.87 Recycling. “Recycling” means the process of Collecting, sorting, cleansing, 570 treating, and/or marketing Recyclable Materials that would otherwise become Garbage, 571 and returning them to the economic mainstream in the form of raw material for new, 572 reused, or reconstituted products which meet the quality standards necessary to be used 573 in the marketplace. The Collection, transportation, or Disposal of Solid Waste not intended 574 for, or capable of, reuse is not Recycling. “Recycling” does not include transformation as 575 defined in Public Resources Code Section 40201. Paper products and printing and writing 576 paper, each as defined in SB 1383, may be placed in either the Recyclable Materials 577 Container or the Organic Waste Container. Carpet and textiles may not be placed in either 578 the Recyclable Materials Container or the Organic Waste Container. 579 1.88 Residential Collection Service. “Residential Collection Service” means ongoing 580 regularly scheduled Collection of Solid Waste from SFD Service Units and MFD Service 581 Units, and the delivery of that Solid Waste to the Disposal Facility, Materials Recovery 582 Facility, and/or Organic Waste Processing Facility. 583 1.89 Residue. “Residue” or “Residuals” means unrecoverable materials remaining after 584 processing at the Material Recovery Facility, Organic Waste Processing Facility, or 585 Construction and Demolition Debris Processing Facility for which there are no other 586 options for viable use and which therefore must be Disposed of at a disposal facility. 587 1.90 Roll-Off Container. “Roll-Off Container” means a metal Container with a capacity 588 of ten (10) or more cubic yards that is normally loaded onto a specialized Collection 589 Vehicle and transported to the appropriate facility. A Roll-Off Container may be a Debris 590 Box or a Compactor.
591 1.91 Route Review. “Route Review” means a visual inspection of Containers along a 592 Hauler Route for the purpose of identifying Prohibited Container Contaminants. 371
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593 1.92 SB 1383. “SB 1383” means State of California Senate Bill 1383, Short-lived 594 Climate Pollutants: Organic Waste Reductions, approved September 19, 2016, and the 595 regulations implementing the law, Title 14, Code of California Regulations (CCR), Chapter 596 12.
597 1.93 SB 54. “SB 54” means State of California Senate Bill 54, Plastic Pollution 598 Prevention and Packaging Producer Responsibility Act, approved June 30, 2022, and the 599 regulations implementing the law, adding Chapter 3 within Part 3 of Division 30 of the 600 California Public Resources Code.
601 1.94 Self-Haul. “Self-Haul” means the Collection of Solid Waste by the resident, owner, 602 or occupant of the Premises on which the Solid Waste was generated, in accordance with 603 the requirements of the Municipal Code.
604 1.95 Service Area. “Service Area” means the area within the jurisdictional limits of the 605 City of West Sacramento designated by City as the Service Area. 606 1.96 Service Recipient. “Service Recipient” means an individual or entity receiving 607 Collection Service. Service Recipient and Customer are used interchangeably depending 608 on context.
609 1.97 Service Unit. “Service Unit” means a single subscriber to Contractor’s Solid Waste 610 Collection. Service Unit specifically includes the following:
611 1.97.1 City Service Unit. “City Service Unit” shall mean City Facility(ies) that 612 utilize a Bin, Cart, or Roll-Off Container(s) for the accumulation and set-out of Solid 613 Waste. City Service Units are the properties set forth in Exhibit 3 and may be 614 modified by written notice to Contractor by the City. 615 1.97.2 Commercial Service Unit. “Commercial Service Unit” shall mean all 616 retail, professional, wholesale, and industrial facilities, as well as other commercial 617 enterprises offering goods or services to the public, that utilize a Bin, Cart, 618 Compactor, or Roll-Off Container for the accumulation and set-out of Commercial 619 Solid Waste.
620 1.97.3 Multi-Family Dwelling (MFD) Service Unit. “Multi-Family Dwelling” and 621 “MFD” shall mean any building or structure, or portion thereof, including but not 622 limited to mobile home parks, used for residential purposes, and having five (5) or 623 greater distinct living units. A MFD Service Unit refers to any Multi-Family Dwelling 624 Unit in the Service Area utilizing a Bin, Cart, or Roll-Off Container(s) for the 625 accumulation and set out of Solid Waste originating from MFD Premises. 372
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626 1.97.4 Single-Family Dwelling (SFD) Service Unit or SFD. “Single-Family 627 Dwelling (SFD) Service Unit or SFD” shall mean any building or structure, or 628 portion thereof, including but not limited to mobile home parks, used for residential 629 purposes, and having four (4) or fewer distinct living units. A SFD Service Unit 630 refers to any Single-Family Dwelling Unit in the Service Area utilizing a Cart or Bin 631 for the accumulation and set out of Solid Waste originating from SFD Premises. 632 The term SFD Service Unit is inclusive of all SFD Dwelling Units to the extent that 633 one SFD Dwelling has four (4) or fewer distinct living units, which may be treated 634 as a singular SFD Service Unit, or up to four (4) SFD Service Units, consistent with 635 (i) addressing, and (ii) billing responsibility.
636 1.98 SFD Collection Service. “SFD Collection Service” means SFD Garbage Collection 637 Service, SFD Recyclable Materials Collection Service, SFD Organic Waste Collection 638 Service, SFD Clean Up Collection Service, and On-Call Household Hazardous Waste. 639 1.98.1 SFD Garbage Collection Service. The Collection of Garbage, by 640 Contractor, from SFD Service Units in the Service Area, and the delivery of that 641 Garbage to the Disposal Facility.
642 1.98.2 SFD Clean Up Collection Service. The periodic on-call Collection of 643 Bulky Waste, individual, reusable and other materials detailed in Section 9.4 by 644 Contractor, from SFD Service Units in the Service Area, and the delivery of those 645 Bulky Waste, individual, reusable and other materials to a reuse partner, the 646 Materials Recovery Facility, the Disposal Facility, or other such facility as may be 647 appropriate under the terms of this Agreement. SFD Bulky Waste Collection 648 Service does not include the Collection of Bulky Waste using Roll-Off Containers. 649 1.98.3 SFD Organic Waste Collection Service. The Collection of Organic 650 Waste, by Contractor, for SFD Service Units in the Service Area, and the delivery 651 of those Organic Waste Materials to the Organic Waste Processing Facility. 652 1.98.4 SFD Recyclable Materials Service. The Collection of Recyclable 653 Materials, including dry-cell household batteries when set out by the Service 654 Recipient in heavy duty plastic bags and placed on the Recyclable Materials Cart, 655 by the Contractor from SFD Service Units in the Service Area and the delivery of 656 those Recyclable Materials to the Materials Recovery Facility. 657 1.98.5 On-Call Household Hazardous Waste (HHW). The Collection of 658 designated HHW materials, by the Contractor, for SFD Service Units in the Service 659 Area, and the delivery of those HHW materials to the appropriate HHW facility per 660 Exhibit 7.
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661 1.99 Single-Family Dwelling or SFD. “Single-Family Dwelling” or “SFD” means any 662 residential Premises with four (4) or fewer single attached Dwelling Units, each designed 663 for use by one bona fide housekeeping group.
664 1.100 Sludge. “Sludge” means the accumulated solids, residues, and precipitates 665 generated as a result of waste treatment or processing, including wastewater treatment, 666 water supply treatment, or operation of an air pollution control facility, as well as mixed 667 liquids and solids pumped from septic tanks, grease traps, privies, or similar disposal 668 appurtenances, or any other such waste having similar characteristics or effects. 669 1.101 Solid Waste. “Solid Waste” means all putrescible and non-putrescible solid, 670 semisolid, and liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, 671 industrial wastes, demolition and construction wastes, abandoned vehicles and parts 672 thereof, discarded home and industrial appliances, dewatered, treated, or chemically 673 fixed sewage Sludge which is not Hazardous Waste, vegetable or animal solid and 674 semisolid wastes, and other discarded solid and semisolid wastes, as set forth in 675 California Public Resources Code Section 40191(a)(b), as amended from time to time. 676 Solid Waste includes Recyclable Materials but does not include (1) Hazardous Waste; (2) 677 radioactive waste regulated pursuant to the Health and Safety Code Section 114960 et 678 seq.; and (3) medical waste regulated pursuant to the Health and Safety Code Section 679 117600 et seq.
680 1.102 Solid Waste Collection. “Solid Waste Collection” means the Collection of Garbage, 681 Recyclable Materials, and Organic Waste within the corporate limits of City, and the 682 transportation of such material to appropriate places for processing, Recycling, 683 Composting, and/or Disposal.
684 1.103 Source Separated. “Source Separated” means materials that have been kept 685 separate in the Solid Waste stream, at the point of generation, for the purpose of 686 additional sorting or processing in order to return them to the economic mainstream in the 687 form of raw material for new, reused, or reconstituted products, which meet the quality 688 standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR 689 Section 17402.5(b)(4).
690 1.104 Source Reduction and Recycling Element (SRRE). “SRRE” means a formal 691 planning document that demonstrates how the City will comply with the Act’s Diversion 692 goals.
693 1.105 Term. “Term” means the time period or duration for which the Agreement is in 694 effect, as defined in Article 2.
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695 1.106 Transfer Station. “Transfer Station” means the place or places listed in Exhibit 8 696 for conveyance of Solid Waste Collected by Contractor into larger vehicles prior to 697 transportation of the Solid Waste to the Disposal Facility or Processing Facility. 698 1.107 Universal Waste or U-Waste. “Universal Waste” or “U-Waste” means all wastes as 699 defined by Title 22, Subsections 66273.1 through 66273.7 of the California Code of 700 Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, 701 mercury switches, and E-Waste.
702 1.108 Waste. “Waste” means the useless, unused, unwanted, or discarded material and 703 debris resulting from normal residential and commercial activity or materials which, by 704 their presence, may injuriously affect the health, safety, and comfort of persons or 705 depreciate property values in the vicinity thereof. 706 1.109 Waste Generator. “Waste Generator” means any person, as defined by the most 707 current version of the Public Resources Code PRC § 4211, whose act or process 708 produces Solid Waste as defined in that same code, or whose act first causes Solid Waste 709 to become subject to regulation.
710 1.110 Workday. “Workday” means any day, Monday through Saturday, that is not a 711 Holiday as set forth in this Agreement.
712 1.111 Wood Waste. “Wood Waste” means Solid Waste consisting of stumps, large 713 branches, tree trunks, and wood pieces or particles that are generated from the 714 manufacturing or production of wood products; harvesting, processing, or storage of raw 715 wood materials; or Construction and Demolition activities. 716 Article 2. Term of Agreement
717 2.1 Term of Agreement. The Term of this Agreement will be for a ten (10) year period 718 beginning July 1, 2027, and terminating on June 30, 2037. Contractor shall commence 719 performance of its Solid Waste Collection obligations under this Agreement on July 1, 720 2027 (“Commencement Date”).
721 2.2 Optional Extension of Term. City may, in its sole discretion, grant Contractor two 722 additional five (5) year extensions of the Term. The City may decline to negotiate an 723 extension of the Term at its sole discretion. In its determination, the City may include 724 consideration of status of compliance with preconditions including, but not limited to, the 725 following: (1) Contractor is not then in default of any material term or condition of the 726 Agreement; (2) Contractor has paid City on time all required and undisputed fees 727 associated with Agreement; or (3) Contractor has requested the Optional Extension of 728 Term by July 1, 2035, for the first extension, and by October 1, 2040, for the second 729 extension.
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730 2.2.1 The City shall not be obligated to offer an extension of Term to 731 Contractor. Prior to granting any extension under this contract, City shall consider 732 performance standards, including Contractor’s performance relative to its 733 Diversion Guarantee, and the results of performance reviews, as outlined in Article 734 29, in decisions regarding extension of Term. The City may require the 735 performance review described in Article 22 with the specific intent of determining 736 Contractor’s eligibility for the applicable extension. The City shall not be obligated 737 to offer an extension to Contractor, regardless of the outcome of the performance 738 review described in Article 22.
739 Article 3. Conditions Governing Services Provided by 740 Contractor
741 3.1 Grant of Exclusive Agreement. City hereby grants to Contractor, on the terms and 742 conditions set forth herein, including the limitations set forth in Sections 3.2 and Section 743 3.3, the exclusive franchise, right, and privilege to Collect, remove, and Dispose of, in a 744 lawful manner, Garbage, Recyclable Materials, and Organic Materials accumulating in 745 the City’s Service Area for the Term of and within the scope set forth in this Agreement. 746 3.1.1 Exclusive SFD, MFD, and City Collection Services. Except as provided 747 in Sections 3.2 and Section 3.3, Contractor is hereby granted the exclusive right 748 to Collect, transport, Recycle, process, and Dispose of Garbage, Recyclable 749 Materials, and Organic Waste generated by SFD, MFD, and City Service Units in 750 Carts and Bins located within the Service Area.
751 3.1.2 Commercial Garbage Collection Service Exclusivity. Except as provided 752 in Sections 3.2 and Section 3.3, Contractor is hereby granted the exclusive right 753 to Collect, transport, Recycle, process, and Dispose of Garbage generated by 754 Commercial Service Units located within the Service Area, provided the 755 Commercial Service extends only to services provided using Carts and Bins 756 serviced with a front-loading, rear-loading or side-loading Collection Vehicle. 757 3.1.3 Exclusivity for Commercial Organic Waste and Commercial Recyclable 758 Materials. The City retains the right to grant exclusive rights for Commercial 759 Organic Waste and Commercial Recyclable Materials once notices described in 760 California Public Resources Code §49520 have been given. Prior to City’s 761 issuance of such notice described in California Public Resources Code §49520, 762 the Parties shall meet and confer in accordance with Section 28.1 to discuss 763 implementation and planning related to the transition to exclusive Collection of 764 Commercial Recyclable Materials and Commercial Organic Waste. If City elects to 765 grant exclusive rights to handle Organic Waste and Recyclable Materials 766 generated by Commercial Services Units, Contractor will have such exclusive 376
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767 rights, and such service shall be subject to the applicable terms and conditions in 768 this Agreement (including, for the avoidance of doubt, Section 28.1). 769 3.2 Recyclable Materials, Organic Waste, and Bulky Waste Discarded by Service 770 Recipients. This Agreement shall not prohibit any person from selling Recyclable 771 Materials, Organic Waste, or Bulky Waste, or giving Recyclable Materials, Organic Waste, 772 or Bulky Waste away to persons or entities other than Contractor. However, once the 773 Recyclable Materials or Organic Waste have been placed in the Contractor’s Collection 774 Container and the Container set out for Collection, the Recyclable Materials or Organic 775 Waste become the property of Contractor.
776 3.3 Exclusions to Exclusivity.
777 3.3.1 Construction and Demolition Debris. Collection of Construction and 778 Demolition Debris is not exclusive to Contractor.
779 3.3.2 Recyclable Materials Sold By Commercial Generator. If the Waste 780 Generator at a Commercial Service Unit has Source Separated Recyclable 781 Material, the Waste Generator is entitled to sell that Recyclable Material or be 782 otherwise compensated in a manner resulting in a net positive payment to the 783 Waste Generator, when such collector is permitted as appropriate under the City 784 Municipal Code.
785 3.3.3 Byproducts of Food and Beverage Processing. Under AB 3036 (2018), 786 certain byproducts from the processing of food or beverages from agricultural or 787 industrial sources are exempted from this exclusive Collection Agreement, 788 provided (i) they do not include animal (including fish) processing byproducts; (ii) 789 they are Source-Separated; (iii) they are not discarded (meaning the generator 790 may not pay the recipient any consideration, or accept a discount or reduction in 791 price for Collecting, processing, or transporting such material); and (iv) they are 792 used as animal feed. Entities requesting exemption must apply to the City and be 793 any of the following: registered pursuant to Section 110460 of the Health and 794 Safety Code, or be exempted from registration pursuant to Section 110480 of the 795 Health and Safety Code, or be a beer manufacturer as defined in Section 23012 796 of the Business and Professions Code, or be a distilled spirits manufacturer as 797 defined in Section 23015 of the Business and Professions Code. 798 3.3.4 Donated Solid Waste. Recyclable Materials, Organic Waste, or Bulky 799 Waste which are Source Separated at any Premises by the waste generator and 800 donated to youth, civic, or charitable organizations qualified as such pursuant to 801 Federal law are exempted from this exclusive Collection Agreement. 377
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802 3.3.5 Gardening, Landscaping, and other Household Services. Gardeners, 803 tree trimmers, roofers, carpenters, masons, and similar contract enterprises that 804 haul or dispose of grass clippings, prunings, wood, roof shingles, or other materials 805 collected in the course of their business using their own equipment are exempted 806 from this exclusive Collection Agreement. This provision shall also include Bulky 807 Items removed from a Premises by a property management or maintenance 808 company as an incidental part of the total cleanup or maintenance service offered 809 by the company. This provision does not allow the hauling of materials by any 810 business hired solely for the purposes of hauling and/or removal of Garbage in 811 Cart or Bins.
812 3.3.6 Self-Haul. Service Recipients may choose to Self-Haul Solid Waste to 813 Disposal or Processing Facilities, to the extent authorized by the Municipal Code. 814 3.3.7 Hazardous Waste. Hazardous Waste and other Exempt Waste, 815 regardless of its source, is exempted from this exclusive Collection Agreement. 816 3.3.8 Materials Generated or Accumulated During an Emergency or Disaster. 817 During an emergency or disaster, as determined by City in its sole discretion, City 818 may enlist additional contractors or other entities in the Collection, transportation, 819 and/or Disposal of any and all types of materials that are generated or 820 accumulated. In particular, the City may choose to pursue reimbursement of 821 disaster services through the Federal Emergency Management Agency (FEMA), 822 which would require that the associated disaster services be secured via a 823 competitive bidding process. Contractor shall not be prohibited by any part of this 824 Agreement from participating in this competitive bidding process, but City shall be 825 free to put services associated with declared disasters out to bid in accordance 826 with FEMA requirements and enlist additional contractors based on the results of 827 that process.
828 3.4 Acknowledgment of Service Outside of Scope. Contractor acknowledges and 829 agrees that the City may permit other persons besides the Contractor to Collect any and 830 all types of materials excluded from the scope of this Agreement, as set forth above, 831 except that Contractor will have a right of first refusal to perform such services if the City 832 contemplates permitting or licensing other persons to Collect such materials. If Contractor 833 can produce evidence that other persons are servicing Collection Containers or Collecting 834 Garbage, Recyclable Materials, Bulky Items, and/or Organic Waste in a manner that is 835 not consistent with the City’s Municipal Code or this Agreement, it shall report the location, 836 the name, and phone number of the person or company to the City along with Contractor’s 837 evidence of the violation of the exclusiveness of this Agreement, and the Contractor shall 838 assist the City to enforce the City’s Municipal Code and this Agreement. Contractor may 839 remove illegally placed containers in public rights-of-way, alleys, or streets, but only after 840 notifying the City.
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841 3.5 Responsibility for Service Billing and Collection. Contractor is responsible for the 842 billing and collection of payments for Solid Waste Collection within the Service Area. 843 Article 4. Franchise Fees and Payments
844 4.1 Contractor’s Payments to City. The parties agree that all fees and any payments 845 owed by Contractor to City under this Agreement are the product of extensive 846 negotiations, constitute valid consideration for the rights and privileges granted to 847 Contractor under this Agreement (including the use of government property), and account 848 for costs incurred by the City in the negotiation, implementation, monitoring and 849 enforcement of this Agreement. Contractor shall pay all amounts owed under this Article 850 without prior notice or demand and without abatement, deduction, offset, or credit in lawful 851 money of the United States, on or before the applicable due date, unless the due date 852 lands on a weekend or Holiday, in which case the due date shall be the next Business 853 Day. If sent by U.S. mail, the remittance must be post-marked on or before the due date. 854 If hand-delivered, Contractor must request and receive a date-stamped receipt from the 855 City by 5:00 p.m. Pacific Time (PT) on the due date. 856 4.2 Reimbursement for the Cost of Procurement/Negotiation Process. Contractor shall 857 reimburse the City a one-time fee of two hundred and fifty thousand dollars ($250,000) 858 for the cost of the Collection Agreement solicitation, evaluation, negotiation, and award 859 process. This fee shall be due and payable on the thirtieth (30th) day after the Effective 860 Date of the Agreement. This fee shall not be recoverable via Contractor’s charges to 861 Service Recipients for Solid Waste Collection or any other form of compensation under 862 this Agreement.
863 4.3 Transition Assistance Support. Contractor shall pay the City a one-time fee of one 864 hundred thousand dollars ($100,000) for costs the City will incur during the process of 865 transitioning from the existing Solid Waste contractor to Collection Service with 866 Contractor. This fee shall be due and payable on the thirtieth (30th) day after the Effective 867 Date of the Agreement.
868 4.4 Franchise Fee and Payment. The Franchise Fee shall be due and payable on the 869 last day of each month following the month for which Solid Waste Collection was 870 provided, with the first such payment being due on August 31, 2027. The Franchise Fee 871 shall be accompanied at the time of payment by a written statement of charges, in a 872 format acceptable to the City. Figures used in the report shall be taken from 873 Contractor’s general books of account, and Contractor shall retain all supporting 874 documentation in accordance with the records retention requirements in Article 23. If 875 payment is not received on the last day of the month following the month for which Solid 876 Waste Collection was provided, interest shall accrue thereon at the maximum interest 877 rate permitted under California law, but not to exceed ten (10) percent per annum. Any 878 adjustment to the Franchise Fee shall have prospective effect only. 379
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879 4.5 Establishment of and Adjustments to Franchise Fee. The City Council shall 880 establish and may adjust the Franchise Fee by resolution, in which case Contractor shall 881 be entitled to an adjustment to Maximum Service Rates in an aggregate amount that is 882 equal to such Franchise Fee increase as a City-directed change and otherwise in 883 accordance with Section 28.1. City shall be solely responsible for ensuring that the 884 calculation and adoption of the Franchise Fee is done in accordance with the California 885 Constitution and all applicable laws. Contractor shall cooperate reasonably in providing 886 information requested by the City in establishing and updating the Franchise Fee. 887 4.6 Franchise Fee Disputes. In the event of any disputes between the Contractor and 888 the City with respect to the fees described in this Article, the City shall provide the 889 Contractor with written objection within one hundred eighty (180) days of the receipt of 890 the written report described in Section 4.4, encompassing the dispute amount. The City 891 shall state its objections in writing with reference to the applicable portion(s) of the report 892 and its reasons then known for its dispute. The parties agree to meet and confer in Good 893 Faith regarding any such dispute. Notwithstanding this Section 4.6, City may conduct a 894 billing audit and performance review in accordance with Section 22.1, within which proper 895 calculation and payment of Franchise Fees may be reviewed and verified. 896 4.6.1 City-Imposed Fees. In the event any fee imposed by the City pursuant 897 to this Article 4 (City-Imposed Fee or "CIF") is determined by a court to be 898 excessive, invalid, or unenforceable, then:
899 (i) Contractor shall not charge or collect the future portion of such CIF; 900 (ii) To the extent the Customers are entitled to a reimbursement of any portion of 901 such CIF, and City is required to reimburse Contractor in the amount of such CIF 902 previously remitted to City, thereafter Contractor shall directly reimburse all 903 Customers entitled to reimbursement in the amount attributable to each Customer 904 account. In no event shall Contractor retain any portion of the fees reimbursed by 905 City;
906 (iii) To the extent the Customers are entitled to a reimbursement of such CIF, and 907 City is required by a court to directly reimburse Customers, Contractor shall assist 908 City in identifying all Customers entitled to a reimbursement, quantifying the 909 reimbursement amount attributable to each Customer account, and obtaining and 910 providing to City any other information needed to satisfy the obligations imposed 911 by a court; and
912 (iv) City and Contractor will, within thirty (30) days following such court decision, 913 meet and confer to negotiate in Good Faith and using reasonable efforts to attempt 914 to agree on modifications to the Agreement.
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915 SCOPE OF COLLECTION SERVICES
916 Article 5. General Requirements
917 5.1 Service Standards. Contractor must perform all Collection Services under this 918 Agreement in a thorough and professional manner as described in Article 19, while 919 meeting the minimum performance standards described in Article 22 and Diversion 920 standards listed in Article 20, according to the Sustainability and Compliance Plan (Exhibit 921 9) developed by the Contractor and approved by the City. 922 5.2 Labor and Equipment. Contractor must provide and maintain all labor, equipment, 923 tools, facilities, and personnel supervision required for the performance of Contractor’s 924 obligations under this Agreement. Contractor must always have sufficient backup 925 equipment and labor to fulfill Contractor’s obligations under this Agreement. No 926 compensation for Contractor’s services or for Contractor’s supply of labor, equipment, 927 tools, facilities, or supervision will be provided or paid to Contractor by City or by any 928 Service Recipient except as expressly provided by this Agreement. 929 5.3 Holiday Service. Contractor is not required to provide Solid Waste Collection or 930 maintain office hours on the designated Holidays, as defined in Section 1.66. In any week 931 in which one of these Holidays falls on a Workday, SFD Collection Services for the Holiday 932 and each Workday thereafter will be delayed one Workday for the remainder of the week, 933 with normally scheduled Friday SFD Collection Services being performed on Saturday 934 according to the normally scheduled hours for Friday Collection Service. Commercial 935 Collection Services will be adjusted as set forth in Article 11, but must meet the minimum 936 frequency requirements of one (1) time per week. Solid Waste Collection will not take 937 place on Sundays, unless previously authorized by the Agreement Administrator. 938 5.4 Inspections. The City has the right to inspect Contractor’s facilities or Collection 939 Vehicles and their contents used to provide services pursuant to this Agreement at any 940 reasonable time while operating inside or outside the City without advance notice to the 941 Contractor.
942 5.5 Facilities.
943 5.5.1 Disposal Facility. Except as provided in Section 5.5.4, all Garbage 944 Collected as a result of performing Garbage Collection Service must be 945 transported to, and Disposed of at, the Disposal Facility listed in Exhibit 8. Failure 946 to comply with this provision may result in assessment of Administrative Charges 947 and Penalties as specified in Exhibit 5 and may result in Contractor being in default 948 under this Agreement, subject to written notice and cure periods as set forth in 949 Article 30 of this Agreement.
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950 5.5.2 Materials Recovery Facility. Except as provided in Section 5.5.4, all 951 Recyclable Materials Collected as a result of performing Recyclable Materials 952 Collection Service must be delivered to the Materials Recovery Facility listed in 953 Exhibit 8. Failure to comply with this provision may result in assessment of 954 Administrative Charges and Penalties as specified in Exhibit 5 and may result in 955 Contractor being in default under this Agreement, subject to written notice and cure 956 periods as set forth in Article 30 of this Agreement. 957 5.5.3 Organic Waste Processing Facility. Except as provided in Section 5.5.4, 958 all Organic Waste Collected as a result of performing Organic Waste Collection 959 Service must be delivered to the Organic Waste Processing Facility listed in Exhibit 960 8. Failure to comply with this provision may result in assessment of Administrative 961 Charges and Penalties as specified in Exhibit 5 and may result in Contractor being 962 in default under this Agreement, subject to written notice and cure periods as set 963 forth in Article 30 of this Agreement.
964 5.5.4 Prior Agreement for Disposal and Organics Processing. Contractor 965 acknowledges that the City may contract for Disposal of Garbage and Processing 966 of Organic Waste with the Yolo County Central Landfill. Contractor agrees to 967 deliver Garbage and/or Organic Waste to the Yolo County Central Landfill facility 968 as set forth in future agreements between the City and Yolo County. In the event 969 that Yolo County increases Disposal or Processing fees between the City and Yolo 970 County based on a “Material Change in Law or other extraordinary event”, 971 Contractor may request to meet and confer with City to determine if additional 972 compensation should be provided to Contractor to recover any such increases in 973 Disposal and Processing fees per Section 6.4.
974 5.5.5 Alternative Facilities. City may direct Contractor to transport Garbage 975 and/or Organic Waste to an alternative facility. To the best of its ability, the 976 Agreement Administrator shall provide Contractor at least thirty (30) days’ notice 977 of direction to alternative facility. Contractor shall be compensated for any added 978 transport costs, and Facility fees (inclusive of but limited to tipping and import fees) 979 to the extent Contractor is required to pay them.
980 5.5.5.1 Alternatively, Contractor may request City approval to transport 981 Recyclable Materials to an alternative facility for a limited term. City shall 982 not unreasonably withhold approval of use of such facilities for limited use, 983 such as during facility construction or other limited-term inability to utilize 984 the Materials Recovery Facility. Contractor shall not be compensated for 985 any added transport costs or Facility fees as a result of the use of this 986 alternative facility.
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987 5.5.5.2 In the event the Disposal Facility, Materials Recovery Facility, or 988 Organic Waste Processing Facility is closed on a Workday, the Contractor 989 shall transport and deliver the Garbage, Recyclable Materials and/or 990 Organic Waste to such other legally permitted facility as is approved by City. 991 5.6 Changes to Services – Recyclable Materials and Organic Waste. 992 5.6.1 Recyclable Materials - Changes to Services. Should changes in 993 Applicable Law arise that necessitate any additions or deletions to the Recyclable 994 Materials Collection Services described in this Agreement, including the type of 995 items included as Recyclable Materials, the parties will negotiate any necessary 996 cost changes and will enter into an Agreement amendment covering such 997 modifications to the services to be performed and the compensation to be paid in 998 accordance with Section 28.2 before undertaking any changes or revisions to such 999 services.
1000 5.6.2 Organic Waste - Changes to Services. Should changes in Applicable 1001 Law arise that necessitate any additions or deletions to the Organic Waste 1002 Collection Services described in this Agreement, including the type of items 1003 included as Organic Waste, the parties will negotiate any necessary cost changes 1004 and will enter into an Agreement amendment covering such modifications to the 1005 services to be performed and the compensation to be paid in accordance with 1006 Section 28.2 before undertaking any changes or revisions to such services. 1007 5.7 Commingling of Materials.
1008 5.7.1 Contractor shall not at any time commingle any Solid Waste Collected 1009 pursuant to this Agreement with any other material collected by Contractor outside 1010 of the City without the express prior written authorization of the Agreement 1011 Administrator. Such approval by the City will not be unreasonably withheld. 1012 5.7.2 The City would like to minimize the commingling of material streams 1013 between Service Unit types to support accurate tracking and reporting. As may be 1014 operationally necessary, Contractor may commingle in the Collection Vehicles 1015 SFD, MFD, Commercial and City Facility materials Collected pursuant to this 1016 Agreement with the same type of materials Collected by Contractor from any place 1017 inside the City, only if Contractor can provide accurate and complete data, and 1018 audited records of the types and amounts of materials Collected. Garbage, 1019 Recyclable Materials, and Organic Waste Collected in the City shall be allocated 1020 by Contractor according to Service Unit type based on volume or tonnage using a 1021 method approved by the City. Changes to the allocation methodology may only be 1022 made with the express prior written authorization of the Agreement Administrator. 383
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1023 5.7.3 Garbage. Subject to Section 5.12, Contractor may not at any time 1024 commingle Garbage with separated Organic Waste or with separated Recyclable 1025 Materials Collected pursuant to this Agreement without the express prior written 1026 authorization of the Agreement Administrator. Such approval by the City will not be 1027 unreasonably withheld.
1028 5.7.4 Recyclable Materials. Subject to Section 5.12, Contractor may not at any 1029 time commingle Recyclable Materials Collected pursuant to this Agreement with 1030 any other material type Collected by Contractor without the express prior written 1031 authorization of the Agreement Administrator. Such approval by the City will not be 1032 unreasonably withheld.
1033 5.7.5 Organic Waste. Subject to Section 5.12, Contractor may not at any time 1034 commingle Organic Waste Collected pursuant to this Agreement with any other 1035 material type Collected by Contractor, without the express prior written 1036 authorization of the Agreement Administrator. Such approval by the City will not be 1037 unreasonably withheld.
1038 5.8 Collection Containers.
1039 5.8.1 Ownership of Collection Containers. Ownership of Collection Containers 1040 is vested in the Contractor.
1041 5.8.2 New Containers. At the start of this Agreement, Contractor must supply 1042 new Carts and newly painted Bins and Roll-off Containers in good condition that 1043 comply with Collection Container specifications in Exhibit 4. If any changes to 1044 these specifications are adopted after the Commencement Date that results in 1045 Contractor being required to replace Collection Containers before they have been 1046 fully depreciated, Contractor will be eligible for additional compensation in 1047 accordance with Section 28.2.
1048 5.8.3 Purchase and Distribution of Collection Containers for New Service 1049 Units. Contractor must distribute new or newly painted Collection Containers as 1050 specified in Exhibit 4 to new Service Units that are added to Contractor’s Service 1051 Area during the Term of this Agreement. The size and mix of the Collection 1052 Containers will be in accordance with the specifications as set forth in this 1053 Agreement and the distribution must be completed within five (5) Workdays of 1054 receipt of the request for service.
1055 5.8.4 Replacement of Contractor-Damaged or Lost Collection Containers. 1056 Contractor’s employees must take care to prevent damage to or loss of Collection 1057 Containers by unnecessary rough treatment. Any Container damaged or lost by 1058 the Contractor must be replaced by Contractor, at Contractor's expense, within five 384
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1059 (5) Workdays at no cost or inconvenience to the Service Recipient. Contractor 1060 must maintain records documenting all Container replacements occurring monthly. 1061 5.8.5 Replacement of Lost or Destroyed Containers at No Fault of Contractor. 1062 Upon notification to Contractor by City or a Service Recipient that the Service 1063 Recipient’s Container(s) has been stolen or damaged beyond repair through no 1064 fault of Contractor, Contractor must deliver a replacement Container(s) to such 1065 Service Recipient within five (5) Workdays. Contractor must maintain records 1066 documenting all Container replacements occurring monthly. 1067 5.8.5.1 Each Service Recipient is entitled to the replacement of two (2) 1068 lost, destroyed, or stolen Containers every ten (10) years during the Term 1069 of this Agreement at no cost to the Service Recipient. Except in the case of 1070 a Container that must be replaced because of damage caused by 1071 Contractor or in the case where Contractor elects to replace a Container 1072 rather than repair it on-site, Contractor will be compensated for the cost of 1073 those replacements in excess of two (2) total Containers per Service 1074 Recipient during the aforementioned 10-year period within the Term of the 1075 Agreement, in accordance with the “Cart Exchange” or “Bin Exchange”, as 1076 appropriate, Maximum Service Rate set forth in Exhibit 1, or as may be 1077 adjusted by the City from time to time as provided under this Agreement. 1078 Contractor must deliver a replacement Collection Container to such Service 1079 Unit within five (5) Workdays. Contractor shall work collaboratively with the 1080 City to resolve issues related to theft of Containers and shall not repeatedly 1081 charge a Service Recipient for replacement Containers in circumstances 1082 where the service recipient can demonstrate that repeated recurrences of 1083 theft are not caused by an act or omission by the Service Recipient. In such 1084 instances of theft, the City and Contractor acknowledge that a unique and 1085 collaborative approach is required for long-term resolution. 1086 5.8.6 Repair of Garbage, Recyclable Materials, and Organic Waste 1087 Containers. Contractor is responsible for the repair of Containers, including, but 1088 not limited to, hinged lids, lock bars, wheels, and axles. Within five (5) Workdays 1089 of notification by the City or a Service Recipient of the need for such repairs, 1090 Contractor must repair the Container or, if necessary, remove the Container for 1091 repairs and deliver a replacement Container to the Service Recipient. Collection 1092 Container repair also includes the removal of graffiti from the Collection Container, 1093 and fresh paint on extremely worn Containers (as applicable). 1094 5.8.7 Collection Container Exchange. Upon notification to Contractor by City 1095 or a Service Recipient that a change in the size of a Container is requested, for 1096 reasons beyond those outlined in Sections 5.8.4 and 5.8.5, Contractor must deliver 1097 such Container to such Service Recipient within five (5) Workdays. Each Service 385
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1098 Unit is eligible to receive one (1) free Container exchange per Calendar Year during 1099 the Term of this Agreement for moving to a larger Garbage, Recyclable Materials, 1100 or Organic Waste Cart size. Each Service Unit is eligible to receive unlimited 1101 Container exchanges per Calendar Year during the Term of this Agreement for 1102 moving to a smaller Garbage Container size. Each Service Unit is eligible to 1103 receive one (1) free Container exchange per Calendar Year during the Term of this 1104 Agreement for moving to a smaller Recyclable Materials or Organic Waste 1105 Container size. Accordingly, Contractor will be compensated only for the cost of 1106 those exchanges in excess of one (1) per Calendar Year for those Service Units 1107 receiving larger Container sizes, in accordance with the “Cart Exchange” or “Bin 1108 Exchange”, as appropriate, service rate as set forth in Exhibit 1 or as may be 1109 adjusted this Agreement.
1110 5.8.8 Additional Container Request. Upon notification to the Contractor by City 1111 or a Service Recipient that additional Containers for Garbage, Recyclable 1112 Materials, or Organic Waste are requested, Contractor shall deliver such 1113 Containers to such Service Recipient within five (5) Workdays, at the rate set forth 1114 in Exhibit 1.
1115 5.8.9 Locking Containers. Contractor shall provide lockable Carts and Bins as 1116 requested by Service Recipient at the Maximum Service Rate listed in Exhibit 1. 1117 Locking Bins shall be constructed of auto-bar-lock systems that allow for automatic 1118 lock release upon service and automatically return the bar to a locked position after 1119 service.
1120 5.9 New Customer Start. Contractor shall commence service to a new Service 1121 Recipient within five (5) Workdays from receiving required new start up information and/or 1122 paperwork from the requesting Service Recipient.
1123 5.10 SB 1383 Mandatory Service. Contractor shall provide Recyclable Materials 1124 Collection Service and Organic Materials Collection service to all of its Customers within 1125 City who are subscribed to and pay for Solid Waste Collection service, unless (i) the 1126 Customer is categorically exempted under City’s Municipal Code from the requirement to 1127 subscribe for Organic Materials Collection service, (ii) the Customer qualifies for and is 1128 granted a State- or City-issued waiver (including De Minimis Waivers or Physical Space 1129 Waivers), or (iii) the Customer has Recyclable Materials or Organic Materials Collection 1130 service via a City-approved permit holder for non-exclusive services. Contractor will work 1131 with Customers to appropriately size Collection Containers such that source-separation 1132 of all materials is possible without any overflow of material, and if any disputes arise or 1133 Overages occur, the City will make the final determination on proper Container size. 1134 Requirements according to Service Unit type are detailed in Article 9, Article 10, and 1135 Article 11.
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1136 5.11 Non-Collection. Except as set forth in Sections 5.12.6 (Overage Correction 1137 Procedures), 9.2.1 (Extra Cardboard), 9.2.2 (Dry Cell Battery), 9.3.2 (Holiday Tree 1138 Collection), 9.3.4 (Bagged Leaf Waste), 9.4 (SFD Clean Up Collection Service), and 9.5 1139 (On-Call HHW), Contractor shall not be required to Collect curbside any Garbage, 1140 Recyclable Material, or Organic Waste that is not placed in a Container. Further, 1141 Contractor may be unable to Collect Solid Waste in circumstances where the Containers 1142 are not operationally serviceable (e.g., construction on road prevents access to 1143 Containers, or a large branch placed in a Container could risk damage to Collection 1144 equipment) or the Service Recipient has not prepared the Containers for Collection (e.g., 1145 SFD Service Recipient with standard curbside service has not pulled Carts to curb for 1146 service, or Service Recipient has blocked their Containers with vehicles). For every event 1147 of non-collection, when operationally feasible, Contractor shall affix a Non-Collection 1148 Notice, documenting the date of Solid Waste non-collection and the reason for non1149 collection. In addition, for every event of non-collection the Contractor shall provide the 1150 following information in a written notice via email, text, U.S. mail, or in person to the 1151 Service Recipient: the date of the Solid Waste Non-Collection and the reason for Non1152 Collection. Contractor’s Non-Collection Notice for Service Recipients shall also contain 1153 instructions, as applicable, on (a) how to prepare Containers for Collection, (b) how to 1154 schedule a Bulky Waste Collection and, if relevant, (c) how to request an additional 1155 Collection Container, as well as a QR code or website url that links to a website with all 1156 Disposal programs offered by the City. If non-collection occurs for some unforeseeable 1157 circumstance not listed above that the Contractor encounters and is impeded by, 1158 Contractor shall provide the same written notice as described in this Section. 1159 5.12 Contamination and Overage.
1160 5.12.1 Approach to Contamination and Overage. The Contractor and City shall 1161 work in good faith to develop reasonable means of measuring Contamination and 1162 Overage. The program shall be implemented in such a fashion as to properly 1163 provide a feedback loop to drive behavior change amongst Service Recipients, 1164 and to help the City achieve Diversion goals. The Contamination and Overage 1165 program shall not be punitive and shall only be used to the extent that it improves 1166 Diversion, supports Customer sorting behavior, and facilitates safe and effective 1167 operations. Human intervention shall be a critical and consistent component of the 1168 program, and at no time shall the program be strictly technologically automated. 1169 5.12.2 Grace Period.
1170 5.12.2.1 New Agreement Grace Period. For a period of nine (9) months 1171 after the Commencement Date, an educational phase of the Contamination 1172 and Overage program will be in effect. Contractor will send educational 1173 material informing Service Recipients about proper Contamination and 1174 Overage procedures. For at minimum the first three months of the grace 387
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1175 period, until at least September 30, 2027, Contractor will conduct 1176 monitoring of Contamination and Overage occurrences without providing 1177 the Service Recipient with any notification of such occurrences. The 1178 Contractor will submit to the City a list of these Contamination or Overage 1179 occurrences, including photographs and supporting information regarding 1180 the rationale for the Contamination or Overage occurrence. The City and 1181 Contractor will discuss the documentation to ensure the parties are aligned 1182 on qualifying Contamination and Overage events. As of October 1, 2027 at 1183 the earliest or otherwise until the City and Contractor have mutually agreed 1184 on qualifying events, Contractor may begin issuing courtesy notices in 1185 accordance with Section 5.12.5.1. Contractor shall document and record 1186 all occurrences of Contamination and Overages throughout the term of the 1187 grace period in accordance with 5.12.4.
1188 5.12.2.2 New Service Recipient Grace Period. All new Service Recipients 1189 will be provided with a six (6) month grace period where education collateral 1190 and technical assistance, as described in Exhibit 10, are offered in response 1191 to observed instances of Contamination during the designated grace period, 1192 including the issuing of courtesy notices in accordance with Section 1193 5.12.5.1. Contractor shall document and record all occurrences of 1194 Contamination and Overages throughout the term of the grace period in 1195 accordance with 5.12.4. A Service Recipient shall be considered new if they 1196 have started an account with the Contractor four (4) months or more after 1197 the Commencement Date.
1198 5.12.3 Quality Control and Opportunity to Pause Program. City and Contractor 1199 will coordinate to identify the proper quality control to reach the appropriate level 1200 of Contamination or Overage during the 3-month (minimum) monitoring period 1201 described in Section 5.12.2.1. On an ongoing basis, and in accordance with 1202 reporting requirements detailed in Sections 23.4.2.7 and 23.4.2.8, Contractor shall 1203 provide City with sufficient documentation to assure agreed-upon quality control 1204 standards. Should the City, at any point during the Term of the Agreement, 1205 determine that the Contractor is improperly implementing this 5.12 or determines 1206 that implementation of this Section 5.12 is resulting in unrealistic, unfair, or 1207 unmanageable treatment of Service Recipients, the City, at the City’s sole 1208 discretion, may pause any or all components of Section 5.12 until the parties can 1209 agree on an improved approach to Contamination and Overages. There shall be 1210 no time limitation placed on such program pause, and program shall not restart 1211 without City’s explicit approval. In the event of such City directed program pause, 1212 Contractor shall not be subjected to the related provisions of Section 20.6. Section 1213 20.6.2.1 shall remain in effect for all programs, excluding the Contamination and 1214 Overage Program, and program enhancements per Section 20.6.2.2 shall be 388
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1215 considered to the extent they function exclusive of the Contamination and Overage 1216 program.
1217 5.12.4 Tracking Occurrences of Contamination and Overage. Regarding the 1218 entire Section 5.12, an occurrence is defined as an individual event of 1219 Contamination or Overage in an individual Container in one (1) day. For example, 1220 if a Recyclable Materials Container and an Organic Waste Container from one 1221 Service Recipient are both contaminated on the same Collection Service day, each 1222 Container would be assessed its first occurrence of Contamination. A second 1223 occurrence would not be assessed until the second incidence of Contamination or 1224 Overage upon the same waste stream on a subsequent Collection Service day. 1225 Contractor shall maintain ongoing tracking and documentation of occurrences 1226 throughout each Agreement Year, whether those occurrences are courtesies or 1227 enforceable.
1228 5.12.4.1 Service Recipient Applicability. Tracked occurrences are only 1229 associated with the current Service Recipient at the applicable Service Unit. 1230 Should ownership of the Service Unit or the account held with the 1231 Contractor change, the tracking of occurrences shall restart. 1232 5.12.5 Recyclable Materials and Organic Waste Contamination Procedures. 1233 Contractor must offer the Service Recipients the correct combination of Cart and 1234 Bin sizes and Collection frequency beyond the minimum Mandatory Service 1235 requirements, as necessary, that matches their unique service needs to reduce 1236 Contamination of Recyclable Materials and Organic Waste, and to provide service 1237 at the least cost to Service Recipient. To support City’s Diversion goals and 1238 Contractor’s Diversion Requirements as set forth in Article 20, Contractor is only 1239 required to Collect and process Recyclable Materials if they have been Source 1240 Separated by the Service Recipient from Garbage and Organic Waste and will only 1241 be required to Collect Organic Waste if it has been Source Separated by the 1242 Service Recipient from Garbage and Recyclable Materials. 1243 Contractor shall actively work with the Materials Recovery Facility and the Organic 1244 Waste Processing Facility throughout the Term of this Agreement to ensure that 1245 Contamination of the Recyclable Materials and Organic Waste Collected under this 1246 Agreement and delivered to the respective facilities remains below the limits 1247 established by Applicable Law including, without limitation, applicable regulations 1248 or regulatory guidance issued pursuant to SB 1383. Contractor shall utilize this 1249 information to drive the implementation of this Section 5.12.5. 1250 As part of Contractor’s services under Article 21, Contractor has agreed to provide 1251 outreach and support to Service Recipients as described in the Contractor’s 1252 Sustainability and Compliance Plan provided as Exhibit 9, Education and Outreach 389
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1253 Plan provided as Exhibit 10, and Contamination Reduction Plan provided as 1254 Exhibit 11. For purposes of determining if Recyclable Materials or Organic Waste 1255 are deemed to be contaminated, if, by visual or digital inspection, Recyclable 1256 Materials are commingled with ten percent (10%) by weight or volume of Garbage 1257 or Organic Waste, or if, by visual inspection, Organic Waste is commingled with 1258 five percent (5%) by volume of Garbage or Recyclable Materials, then Recyclable 1259 Materials and/or Organic Waste will be deemed to be contaminated and Contractor 1260 may take the steps outlined in Sections 5.12.5.1 through 5.12.5.4 and Section 1261 5.12.7. City and Contractor shall periodically confirm accurate measurement of 1262 Contamination thresholds. Contractor understands that the intent of the 1263 measurement thresholds is to ensure Collected Recyclable Materials and Organic 1264 Waste can effectively be Processed and repurposed, and therefore Contractor will 1265 place focus of Contamination program on Contaminated Recyclable Materials and 1266 Organic Waste that could impact the City’s Diversion rate, such as liquids and Food 1267 Waste in the Recyclable Materials Container, and plastics and glass in the Organic 1268 Waste Container. If a Service Recipient’s ongoing Contamination issue is related 1269 to bagged or otherwise lined Recyclable Material or Organic Waste, Contractor 1270 must provide specialized education in accordance with Section 21.5.2 and Exhibit 1271 11.
1272 The following provisions will apply to all Commercial, MFD, and SFD Service 1273 Recipients.
1274 5.12.5.1 Courtesy Noticing – Grace Period, First Occurrence After Grace 1275 Period, and First Occurrence in each Calendar Year. For 1) all instances of 1276 Contamination during the grace period, per Section 5.12.2, 2) the first 1277 occurrence of Contamination for both the Recyclable Materials Container 1278 and the Organic Waste Container following the conclusion of the 6- or 9- 1279 month grace period, as applicable, and 3) the first occurrence of 1280 Contamination for both the Recyclable Materials Container and the Organic 1281 Waste Container in each given Calendar Year, Contractor must perform the 1282 following tasks:
1283  Collect the contaminated Container (as Recyclable Materials, 1284 Organic Waste, or Garbage, as appropriate based on amount and 1285 type of Contamination). Per Article 34, Contractor is not required 1286 to Collect or Dispose of Exempt Waste;
1287  Affix to the contaminated Container a Contamination Corrective 1288 Action Notice which contains instructions on the proper 1289 procedures for sorting Recyclable Materials or Organic Waste; 1290  Notify the Service Recipient by phone, U.S. mail, email, or in 1291 person (which may be a Container tag that meets SB 1383 390
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1292 requirements), that for subsequent incidents of excess 1293 Contamination, the Service Recipient may be charged a 1294 Contamination fee for the contaminated Container, and 1295 Contractor may increase the Collection Container size, or require 1296 an additional Collection Container;
1297 » This messaging shall be consistent with the status 1298 of the program, such that messaging during the
1299 grace period shall note that charges will not be
1300 applicable until the end of the grace period.
1301  Contact the Service Recipient by phone, U.S. mail, email, or in 1302 person to ensure that they have the appropriate level of service 1303 for proper Collection of Recyclable Materials and/or Organic 1304 Waste, and;
1305  Document the Contamination issue and provide digital/visual 1306 documentation to the Service Recipient that clearly documents 1307 the Service Recipient’s on-going Contamination problems. 1308  Note: Given that some Service Recipients may experience an 1309 excess of occurrences during the grace period, the process 1310 described in this Section 5.12.5.1 may be streamlined or 1311 otherwise modified, as mutually agreed by City and Contractor, 1312 in cases where the Service Recipient has had over six (6) 1313 Contamination issues during the grace period. This may mean 1314 altered communications or an altered cadence of
1315 communications to maximize Contractor resources.
1316  At the conclusion of the grace period, all Service Recipients who 1317 achieved zero (0) instances of Contamination during the six (6) 1318 or nine (9) month period will be sent congratulatory educational 1319 materials, commending them on their proper sorting. 1320 5.12.5.2 Noticing with Fee - Second and Subsequent Occurrences. For 1321 the second qualifying occurrence of Contamination (after conclusion of the 1322 grace period per Section 5.12.2) for a particular Container (i.e., Recyclable 1323 Materials or Organic Waste), and for subsequent occurrences beyond the 1324 second occurrence of Contamination for a particular Container (i.e., 1325 Recyclable Materials or Organic Waste) in each Calendar Year, Contractor 1326 must Collect the contaminated Container (as Recyclable Materials, Organic 1327 Waste, or Garbage, as appropriate) and may charge the Service Recipient 1328 a Contamination fee as set forth in Exhibit 1. Contractor must continue 1329 providing the Recyclable Materials or Organic Waste Collection Services. 1330 Contractor must provide (or have provided) digital/photographic 1331 documentation to the Service Recipient that clearly documents the Service 391
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1332 Recipient’s on-going Contamination problems and written Notices of 1333 Contamination as described above. Contractor will be cooperative in 1334 helping Service Recipients understand why the charge was assessed and 1335 will be solution-oriented in regard to the specific issue. 1336 5.12.5.3 Second Contamination Fee Occurrence Outreach. For the 1337 second occurrence of a charge, Contractor shall call the Service Recipient 1338 to confirm the Service Recipient is aware of the Contamination issue and 1339 attempt to understand why the repeated Contamination is occurring (such 1340 as due to improper service subscription, not understanding the 1341 requirements, language barrier, etc.). Contractor shall make an in-person 1342 site visit available to the Service Recipient as appropriate. For Service 1343 Recipients receiving the low-income or senior discount, Contractor shall 1344 make concerted efforts to support the Service Recipient in avoiding 1345 incurring continual fees for Contamination.
1346 5.12.5.4 Habitual Contamination. For the sixth or subsequent occurrence 1347 of Contamination within a six (6) month period for a particular Container, 1348 see Section 5.12.7.
1349 5.12.6 Overage Correction Procedures. Contractor shall provide Service 1350 Recipients with the correct combination of Collection Containers and Collection 1351 frequency that matches each Service Recipient’s unique service needs to enable 1352 clean, efficient, and cost-effective Collection of Garbage, Recyclable Materials, 1353 and Organic Waste. City and Contractor agree that overflow of Solid Waste that is 1354 not properly contained in the Service Recipient’s Collection Containers negatively 1355 impacts public health and safety. Contractor has also agreed to conduct Solid 1356 Waste audits and provide outreach and support to Service Recipient accounts to 1357 receive the correct service level. However, if Service Recipients are found to 1358 habitually overflow their Collection Containers (i.e., lid will not close, and/or 1359 material not contained within Container), Contractor may take the steps listed 1360 below to correct Service Recipient’s on-going overflow of Solid Waste. 1361 5.12.6.1 Not Operationally Serviceable. For each occurrence that 1362 Contractor cannot Collect the Solid Waste Overage because the Collection 1363 Container could not be serviced by normal operating procedures or would 1364 cause spillage upon servicing, Contractor must provide a Non-Collection 1365 Notice. Contractor’s Non-Collection Notice shall also contain instructions on 1366 (a) how to remove material to allow Solid Waste to be properly containerized 1367 for Collection, (b) how to schedule a Bulky Waste Collection, or (c) how to 1368 request an additional Collection Container to eliminate future Overages. For 1369 each occurrence Contractor does not Collect an Overage due to it being not 1370 operationally serviceable, Contractor will document the physical condition 392
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1371 of the Collection Container and associated Overage with one or more 1372 photographs and retain this documentation for the period of at least one 1373 year.
1374 5.12.6.2 Prior Arrangements for Collection. If the Service Recipient has 1375 made prior arrangements with Contractor for Collection of Solid Waste 1376 Overages, Contractor must Collect such Overages as arranged and may 1377 charge the Service Recipient the Solid Waste Overage fee (prior 1378 arrangement) set forth in Exhibit 1.
1379 5.12.6.3 No Prior Arrangements. If the Service Recipient has not made 1380 prior arrangements with Contractor for Collection of Solid Waste Overage, 1381 Contractor may take the following steps as outlined in this Section 5.12.6.3 1382 and in Section 5.12.7.
1383  Courtesy Noticing - Grace Period and First Occurrence After 1384 Grace Period. and First Occurrence in each Calendar Year. For 1) all 1385 instances of Overage during the grace period, per Section 5.12.2, 2) 1386 the first occurrence of an Overage for both the Recyclable Materials 1387 Container and the Organic Waste Container following the conclusion 1388 of the 6- or 9-month grace period, as applicable, and 3) the first 1389 occurrence of Overage n for both the Recyclable Materials Container 1390 and the Organic Waste Container in each given Calendar Year, (i) 1391 Contractor may Collect such Solid Waste Overage at no additional 1392 charge as a courtesy and must affix to the Container with an Overage 1393 a Corrective Action Notice to inform the Service Recipient of such 1394 Collection and applicable containerizing requirements to prevent 1395 future Overage charges, or (ii) Contractor may not Collect the Solid 1396 Waste Overage and leave a Non-Collection Notice explaining the 1397 reason for non-collection of the Solid Waste Overage. Further, 1398 Contractor must notify the Service Recipient by phone, U.S. mail, 1399 email, or in person that subsequent incidents of Overage, the 1400 Service Recipient may be charged an Overage fee for the overflow, 1401 and Contractor may increase the Collection Container size, or 1402 require an additional Collection Container.
1403 » This messaging shall be consistent with the status 1404 of the program, such that messaging during the
1405 grace period shall note that charges will not be
1406 applicable until the end of the grace period.
1407  Noticing with Fee - Second and Subsequent Occurrences. For 1408 the second qualifying occurrence of an Overage (following the 1409 conclusion of the grace period per Section 5.12.2) for a particular 393
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1410 Container (i.e., Recyclable Materials or Organic Waste) and for 1411 subsequent occurrences beyond the second occurrence of Overage 1412 for a particular Container (i.e., Recyclable Materials or Organic 1413 Waste) in each Calendar Year, (i) Contractor may not Collect the 1414 Solid Waste Overage and leave a Non-Collection Notice explaining 1415 the reason for non-collection of the Solid Waste Overage, or (ii) 1416 Contractor may Collect the Solid Waste Overage (up to two lifts) and 1417 charge the Service Recipient the Solid Waste Overage fee (no prior 1418 arrangement) set forth in Exhibit 1.
1419 5.12.7 Service Increase Due to Six or More Contamination or Overage events 1420 in a six (6) month period. If there have been six (6) or more instances of 1421 Contamination or Overage for a particular material stream (i.e., Garbage, 1422 Recyclable Materials, or Organic Waste) during a six (6) month period, Contractor 1423 may increase the Service Recipient’s service level (i.e., via a larger Container or 1424 more frequent service) for such material stream to mitigate the Contamination or 1425 Overage and may increase the charges to such Customer according to the 1426 increased service level pursuant to the Maximum Service Rates in Exhibit 1. 1427 Service Recipient may have the opportunity to return to their prior service level 1428 after a minimum of six (6) months, only if the Service Recipient can present 1429 sufficient evidence that waste generation has reduced and/or proper sorting 1430 behavior has improved. Service level increases related to ongoing instances of 1431 Contamination will only be considered (per Section 5.12.7.1) if there is evidence 1432 proving that a particular material stream is being Contaminated as a result of an 1433 inadequate service level associated with one of the Service Recipient’s material 1434 streams (e.g., Recyclable Materials Container is consistently filled with Garbage 1435 due to an inadequate volume or frequency of Garbage Collection Service). 1436 5.12.7.1 Prior to such increases in service level, Contractor will provide a 1437 list of such Service Recipients to the City, and the City may request (within 1438 7 days) Contractor to validate that the conditions for increasing service 1439 levels have been met. Contractor will also send written notice to the Service 1440 Recipient regarding service level increases under this Section. No 1441 increases in service level shall take effect without City approval of said 1442 increase as applicable to the specific Service Unit. 1443 5.12.7.2 Should a Commercial Service Recipient already be subscribed to 1444 the highest available service level, City and Contractor shall meet and 1445 confer to determine service approach. All increases of service level with a 1446 Commercial Service Recipient will involve a discussion between the Service 1447 Recipient and a Contractor representative to determine the appropriate 1448 service level increase (i.e., via a larger Container and/or more frequent 1449 service).
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1450 5.12.7.3 Should a Residential Service Recipient be subscribed to the 1451 maximum Cart volume, a second container of the smallest size shall be 1452 provided to increase the subscription volume.
1453 5.12.8 Disputes Over Container Contamination and/or Overage Charges. If a 1454 Service Recipient disputes a Solid Waste Contamination and/or Overage charge 1455 or Container size or Collection frequency change within 30 days of the disputed 1456 action, and such dispute is potentially legitimate and cannot be amenably resolved 1457 between the Service Recipients and the Contractor, Contractor must temporarily 1458 halt Solid Waste Overage charge and/or increased Maximum Service Rate 1459 resulting from increasing the Collection Container size or Collection frequency, and 1460 Contractor may request a ruling by the Agreement Administrator to resolve the 1461 dispute. During the pendency of any request, Contractor may restore Container 1462 size or number, or Collection frequency, to the prior levels. A request by Contractor 1463 to the Agreement Administrator to rule on any such dispute must be filed within ten 1464 (10) Business Days of Contractor’s halting of Solid Waste Overage charge, or 1465 increased subscription volume and associated Maximum Service Rate, and must 1466 include written documentation and digital/visual evidence of ongoing overall 1467 problems. The Agreement Administrator may request a meeting (in person or 1468 phone) with both the Service Recipient and Contractor to resolve the dispute. 1469 Following such a meeting, the Agreement Administrator will rule on the dispute 1470 within ten (10) Business Days, and the Agreement Administrator’s decision on 1471 resolving the dispute between Contractor and Service Recipient will be final. If the 1472 Agreement Administrator rules in favor of the Service Recipient, Contractor must 1473 credit the disputed charge or increased Maximum Service Rate. If the Agreement 1474 Administrator rules in favor of Contractor, Contractor may charge Service Recipient 1475 the prior halted Solid Waste Overage charge and/or increased Maximum Service 1476 Rate resulting from increasing the Collection Container size or Collection 1477 frequency and may follow the steps in Section 7.8 for collection of delinquent 1478 accounts.
1479 5.13 Ownership of Materials. Except as provided otherwise under Applicable Law, title 1480 of Solid Waste will pass to Contractor at such time as said materials are set out for 1481 Collection in Contractor’s Containers.
1482 5.14 Spillage and Litter. Contractor may not litter Premises in the process of providing 1483 Collection Services or while its vehicles are on the road. Contractor must transport all 1484 materials Collected under the terms of this Agreement in such a manner as to prevent the 1485 spilling or blowing of such materials from Contractor's vehicles. Contractor must exercise 1486 all reasonable care and diligence in providing Collection Services so as to prevent spilling 1487 or dropping of Solid Waste, and must immediately, at the time of occurrence, clean up 1488 such spilled or dropped Solid Waste.
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1489 5.14.1 Contractor is not responsible for cleaning up sanitary conditions caused 1490 by the carelessness of the Service Recipient; however, Contractor must clean up 1491 any material or residue that is spilled or scattered by Contractor or its employees, 1492 or from Overage.
1493 5.14.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris 1494 resulting from Contractor’s operations or equipment repair must be covered 1495 immediately with an absorptive material and removed from the street surface and 1496 the City’s storm drain system. Contractor must document spillage and notify City’s 1497 stormwater compliance coordinator within ninety (90) minutes of any spills 1498 resulting from Contractor’s operations or equipment. When necessary, Contractor 1499 must apply a suitable cleaning agent and cleaning technique to the street surface 1500 to provide adequate cleaning as approved by the City’s stormwater compliance 1501 coordinator to be compliant with the City’s stormwater permit. 1502 5.14.3 The above paragraphs notwithstanding, Contractor must clean up any 1503 spillage or litter caused by Contractor within ninety (90) minutes upon notice from 1504 the City. If City deems necessary, Contractor must engage a third-party 1505 environmental clean-up specialist to remove any equipment oil, hydraulic fluids, or 1506 any other liquid or debris that remains on street after Contractor’s own clean-up 1507 efforts. If clean-up is not conducted to the satisfaction of City, City has the right to 1508 engage an environmental clean-up specialist to perform additional clean-up work 1509 at the expense of Contractor. In the event of Contractor’s spill or release of a 1510 Hazardous Substance, Contractor is responsible for promptly notifying any federal, 1511 State, County, or local governmental agency having jurisdiction over same as may 1512 be required under federal, State, County or local law or regulation. 1513 5.14.4 In the event where damage to City streets is caused by a hydraulic fluid 1514 spill (i.e., any physical damage more than a simple cosmetic stain caused by the 1515 spill), Contractor shall be responsible for all repairs to return the street to the same 1516 condition as that prior to the spill. Contractor shall be responsible for all clean-up 1517 activities related to the spill. Repairs and clean-up shall be performed in a manner 1518 satisfactory to the City and at no cost to the City. 1519 5.14.5 To facilitate immediate and effective spill containment and clean-up, 1520 Contractor shall ensure that all vehicles and equipment are equipped with a fully 1521 stocked spill kit at all times. Spill kits shall include absorbent materials adequate 1522 for the type and volume of substances stored, used, or transported; a broom; a 1523 shovel; hazardous-waste disposal bags, and appropriate storm drain inlet 1524 protection (such as absorbent socks, drain covers, or equivalent BMPs). 1525 Contractors must maintain these supplies in good condition and readily accessible 1526 to personnel to ensure rapid deployment.
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1527 5.15 Notification of Accidents. Contractor shall notify Agreement Administrator of any 1528 accidents occurring within the Service Area that involve Contractor’s vehicles, employees, 1529 or equipment that result in any personal injury or property damage. Such notification shall 1530 be made within twenty-four (24) hours of occurrence to Agreement Administrator via both 1531 (a) email and (b) either an in-person visit or a telephone call. If Contractor is unable to 1532 reach Agreement Administrator in person or via telephone, a voicemail is an acceptable 1533 alternative.
1534 5.16 Regulations and Record Keeping. Contractor must comply with emergency 1535 notification procedures required by Applicable Laws and regulatory requirements. All 1536 records required by regulations must be maintained at Contractor’s offices. These records 1537 must include but are not limited to waste manifests, waste inventories, waste 1538 characterization records, inspection records, incident reports, and training records. 1539 Additional recordkeeping requirements are detailed in Article 23. 1540 5.17 Response Times for City Requests. Upon receiving a data request or information 1541 request from City that is not covered by other timeline requirements articulated in this 1542 document, and provided that the request from City shall not take more than eight (8) hours 1543 of Contractor staff time to complete, Contractor shall compile the requested information 1544 and send back a complete response within five (5) Business Days of receipt of the 1545 request.
1546 Article 6. Collection Service Rates
1547 6.1 Collection Service Rates. Contractor is solely responsible for determining the rates 1548 it will charge for providing Solid Waste Collection, provided that Contractor shall not 1549 charge any Service Recipient an amount that exceeds the applicable Maximum Service 1550 Rate set forth in Exhibit 1, which may only be adjusted as provided in this Agreement. 1551 6.2 Low-Income and Senior Discount Offered at Contractor’s Good Will. In exchange 1552 for the good will of the City and the general public, Contractor voluntarily agrees to 1553 discount the rate it charges for Solid Waste Collection provided to eligible Service 1554 Recipients (the “Discount”). Contractor warrants that the Discount shall neither impact nor 1555 be included in the Maximum Service Rates, nor shall the Discount be otherwise paid for 1556 or subsidized by any other Service Recipients. Contractor shall make the Discount 1557 available to any person who demonstrates through appropriate documentation that they 1558 are: (i) either (A) a person of low, lower, or extremely low income as defined by the 1559 Municipal Code and State law, and enrolled in a discounted utility program, or (B) a senior 1560 citizen, defined as 65 years of age or older; and (ii) the service account holder; and (iii) 1561 the head of household and occupant at the Service Unit address. Within thirty (30) days 1562 of the Commencement Date, Contractor shall provide educational materials describing 1563 and explaining the availability and how to qualify for and receive the Discount to all 1564 persons in the City currently subscribed to a discount rate program. Contractor shall 397
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1565 thereafter advertise the availability of the Discounted services on its website throughout 1566 the Term of this Agreement and at least once per year by direct notice to all SFD Service 1567 Recipients.
1568 6.3 Adjustments to Maximum Service Rates Using the Refuse Rate Index (RRI). 1569 Beginning on July 1, 2028, and annually thereafter, Contractor shall, subject to 1570 compliance with all provisions of this Section, receive an annual adjustment to the 1571 Maximum Service Rates as set forth in Exhibit 1 to this Agreement. In any year that the 1572 calculation of the RRI exceeds five percent (5.00%) or is negative (below 0.00%), these 1573 amounts shall be added to the rate adjustment percentage in the following year and 1574 carried over to each subsequent year, subject to the same floor and cap limitations and 1575 carryover.
1576 6.3.1 Twelve-Month Annual Average. The RRI adjustment shall be the sum of 1577 the weighted percentage changes for all RRI indices. The percentage change in 1578 each RRI index shall be calculated using the change in the 12-month annual 1579 average of RRI index values between the base year, which shall be the prior 1580 preceding 12-month period ending September 30, and the preceding 12-month 1581 period ending September 30, as contained in the most recent release of the source 1582 documents listed in Exhibit 2 of this Agreement. Therefore, the first RRI adjustment 1583 (effective July 1, 2028) will be based on the percentage changes between the 1584 average index values for the period of October 1, 2026, through September 30, 1585 2027 (the previous year), and the average index values for the period October 1, 1586 2025, through September 30, 2026 (the prior previous year). 1587 6.3.2 The weighted percentage change for each RRI index shall be calculated 1588 using the RRI methodology included in Exhibit 2.
1589 6.3.3 Rounding. Adjustments to the overall Maximum Service Rates shall be 1590 made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall 1591 not be considered in making adjustments. All CPI indices shall be rounded at two 1592 (2) decimal places for the adjustment calculations. 1593 6.3.4 Maximum Service Rate Adjustment Report. On or before March 1 of 1594 each year of the Term, Contractor shall deliver to City a report on its proposed 1595 adjustment to the Maximum Service Rates for the subsequent Agreement Year 1596 (the “Adjustment Report”). The Adjustment Report shall be in a format as may be 1597 mutually agreed on between the City and Contractor and must contain or be 1598 accompanied by Contractor’s adjustment calculations for the specific services 1599 performed under this Agreement during the preceding Agreement Year in Microsoft 1600 Excel or another electronic format acceptable to the City. Contractor shall be solely 1601 responsible for the cost of preparing the Adjustment Report. 398
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1602 6.3.4.1 RRI Financial Information. As part of the Maximum Service Rate 1603 Adjustment Report, Contractor shall deliver to City financial information for 1604 the specific services performed under this Agreement for the preceding 1605 Agreement Year. Such financial information shall be in the format as set 1606 forth in Exhibit 2, or as may be further revised by the parties from time to 1607 time.
1608 6.3.4.2 Corrections. In the event the City determines the Adjustment 1609 Report contains substantial errors or omissions, Contractor shall, at its sole 1610 cost, provide a corrected report to the City. A corrected report submitted 1611 after March 1 shall be treated as a late report.
1612 6.3.4.3 Late Report. If Contractor fails to submit the Adjustment Report 1613 by March 1, the City may: (1) accept and consider the late Adjustment 1614 Report if the City, in its sole and reasonable discretion, deems there is 1615 sufficient time to review and approve the proposed adjustment in time for it 1616 to be implemented on July 1; or (2) accept and consider the late Adjustment 1617 Report at its earliest convenience, in which case any approved rate 1618 adjustment shall only go into effect prospectively thirty (30) days after the 1619 City’s approval. In no event shall Contractor apply any rate adjustment 1620 retroactively.
1621 6.3.4.4 No Report. If Contractor fails to provide any Adjustment Report, 1622 the Maximum Service Rate shall remain unchanged for the next Calendar 1623 Year.
1624 6.3.5 City Approval. If Contractor provides a timely Adjustment Report, and 1625 the calculations set-forth therein are performed in accordance with the 1626 methodology specified in this Section, subject to the maximum increase per 1627 Section 6.3, the Agreement Administrator shall notify Contractor on or before June 1628 1 that the City has approved the requested adjustments to the Maximum Service 1629 Rates for the next Rate Year. Approval by City Council shall be required for any 1630 requested rate adjustment of more than five percent (5%) in any one (1) Rate Year 1631 without limiting the provisions of Section 6.3, which shall only be permitted 1632 pursuant to Section 6.4 (Extraordinary Adjustments) below. The Agreement 1633 Administrator may approve all other requests or refer them to the City Council at 1634 his or her discretion. Should approval by City Council be required, City Council 1635 shall be given at least ninety (90) days for Council action in advance of effective 1636 date of requested rate adjustment.
1637 6.3.6 Contractor Payment for RRI Review. Contractor shall be responsible for 1638 paying the City’s cost of reviewing the annual RRI adjustment in the amount of 1639 Five Thousand ($5,000) per year. If the City determines that Contractor has made 399
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1640 substantial errors and has not properly submitted or correctly calculated the RRI 1641 adjustment, the City may add additional costs up to Five Thousand ($5,000) to 1642 conduct a second review and analysis. These payment amounts shall increase 1643 annually by CPI, following the percentage change methodology in Exhibit 2. 1644 6.4 Extraordinary Adjustments. Contractor and City acknowledge that there may be 1645 infrequent extraordinary events, including Change in Law, which, although they do not 1646 prevent either Party from performing, and thus do not implicate the force majeure 1647 provisions hereof, nevertheless increase the cost of providing services above the 1648 Maximum Service Rate Adjustment articulated in Section 6.3. The obligation of the parties 1649 in such event is to act reasonably and in Good Faith toward each other in arriving at an 1650 appropriate adjustment in Maximum Service Rates. Accordingly, at its option, Contractor 1651 may apply to the City not more frequently than once every Calendar Year, for an 1652 extraordinary rate adjustment should an event or circumstance arise which negatively 1653 impacts the economic operation of Contractor and which is in excess of the rate 1654 adjustment resulting from the application of Section 6.3. An extraordinary adjustment in 1655 rates will be deemed justified if it is necessary for the Contractor to make a substantial 1656 change in its operations, or substantial capital expenditure or investment to perform its 1657 obligations under this Agreement due to the occurrence of an event or circumstance 1658 which is beyond the reasonable control of Contractor. Extraordinary rate adjustments 1659 shall only be effective after approval by the City Council, which approval shall require 1660 compliance with all Applicable Law.
1661 6.4.1 Contractor’s Burden; Confidentiality. In the event of such an application 1662 for an extraordinary rate increase, it is understood that the Contractor shall have 1663 the burden of demonstrating to the reasonable satisfaction of the City the basis for 1664 the extraordinary increase cost. Contractor shall bear the burden of justifying its 1665 request and shall be solely responsible for the cost of preparing and submitting 1666 sufficient documentation in support of its request. City in its sole reasonable 1667 discretion may request Contractor to provide any additional information it deems 1668 necessary to fully evaluate the request, and Contractor shall be solely responsible 1669 for the cost of providing such additional information. Contractor shall allow City to 1670 review a report of its annual revenues and expenses for the services provided in 1671 the City. City shall have the right to review this information in connection with the 1672 City’s review of Contractor’s extraordinary rate adjustment request. With respect 1673 to any financial statements or any other information Contractor specifically 1674 designates as non-public information Contractor acknowledges the applicability of 1675 Section 24.2.1.
1676 6.4.2 Review Costs. At the time of its request, Contractor shall also submit a 1677 payment to the City of Twenty-Five Thousand Dollars ($25,000) to defray the 1678 City’s costs to review the request. In the event the City’s reasonable costs exceed 1679 that amount, Contractor shall reimburse the City for any documented amount in 400
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1680 excess. This payment amount shall increase annually by CPI, following the 1681 percentage change methodology in Exhibit 2.
1682 6.4.3 Meet and Confer. The City and Contractor agree to meet and confer 1683 regarding the request and to negotiate in Good Faith regarding the 1684 appropriateness of the requested adjustment.
1685 6.4.4 City Review; Approval. City shall review the Contractor’s request for an 1686 Extraordinary Adjustment and, in the reasonable exercise of its discretion, make a 1687 final determination as to whether an adjustment to the Maximum Service Rates will 1688 be made, and, if an adjustment is permitted, the appropriate amount of the 1689 adjustment. Approval of the City Council shall be required for any Extraordinary 1690 Adjustments. The City shall notify Contractor of its decision within ninety (90) 1691 calendar days regarding whether it accepts Contractor’s request. Except as 1692 provided herein, any such change approved by the City shall not be implemented 1693 until July 1 of the next Rate Year unless a different timeframe is approved by the 1694 City Council.
1695 6.5 Procedures in Event of Invalidation of Rate Adjustment. In the event that City is 1696 unable by operation of Applicable Law to approve or implement a rate increase under this 1697 Article 6, or some or all of the Maximum Service Rates are disallowed by operation of 1698 Applicable Law, Contractor will have the right, within thirty (30) days after notice of any 1699 such inability to approve or invalidation of an approved rate increase, to request, in writing, 1700 that City negotiate in Good Faith regarding reductions in programs, services, or fees to 1701 compensate for any negative impact from the unapproved or invalidated rate increase. If 1702 City fails to commence negotiations in Good Faith or negotiations are not completed 1703 within forty-five (45) days following the date of receipt of Contractor’s request, either Party 1704 may terminate this Agreement no earlier than one hundred and eighty (180) days after 1705 written notice to the other.
1706 Article 7. Collection Service Billing
1707 7.1 Responsibility for Collection Service Billing and Collection. Contractor shall be 1708 solely responsible for the billing and collecting of payments for the Solid Waste Collection 1709 Services it provides within the Service Area.
1710 7.2 Invoices. Contractor shall prepare and send out invoices, by either U.S. mail or 1711 email, to each Service Recipient in advance of all services provided by Contractor under 1712 this Agreement. Contractor shall include an online payment option for all Customers 1713 regardless of invoice format. If sent by mail, invoices for each billing period shall be placed 1714 in a separate envelope accompanied by a self-addressed return envelope. All invoices 1715 shall include Contractor’s email address, include directions for payment by check, credit 1716 card, or Automated Clearing House (ACH) debit, and shall include or be accompanied by 401
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1717 a complete billing statement showing all charges and all services provided. Contractor’s 1718 online billing portal shall include clear instructions for how to contact the Contractor if the 1719 Service Recipient has questions about an invoice. City shall have the right to direct 1720 Contractor to revise the format of all invoices and billing statements upon reasonable 1721 notice to Contractor.
1722 7.3 Timing; Frequency. Contractor shall not initiate billing to any Service Unit sooner 1723 than the first day of the service period of Collections Services covered by the invoice. 1724 Contractor shall invoice Service Recipients once every month for Commercial Service 1725 Units, MFD Service Units and SFD Service Units. SFD Service Units may opt to receive 1726 quarterly invoices rather than monthly invoices. No invoice shall be due and payable 1727 sooner than the last day of the respective month or Quarter for which Solid Waste 1728 Collection is provided.
1729 7.4 Partial Month Service and Changes in Service Level. If, during a month, (i) a 1730 Service Unit is added to or deleted from Contractor’s Service Area, or (ii) a Service 1731 Recipient increases or decreases their Collection Service in such a manner that increases 1732 or decreases their Service Rates, Contractor shall pro-rate billing to the Service Recipient 1733 on a weekly basis, meaning one-fourth of the applicable Maximum Service Rate found in 1734 Exhibit 1 multiplied by the number of weeks of service provided by Contractor. 1735 7.5 Overpayments. Contractor shall refund or issue a service credit for overpayments 1736 by Service Recipients no later than 30 days after Contractor discovers or is notified of the 1737 overpayment. Contractor shall refund every overpayment that: (1) exceeds two hundred 1738 dollars ($200) or the amount of Service Recipient’s typical invoice, whichever is less; or 1739 (2) is due to the Service Recipient closing the account prior to the end of the billing period. 1740 7.6 Delinquent Service Accounts. Contractor shall report all Service Recipients whose 1741 accounts are delinquent by more than ninety (90 days) to the Agreement Administrator 1742 on a monthly basis.
1743 7.7 Contractor’s Reservation of Legal Rights and Remedies. Notwithstanding any 1744 other provision of this Article, Contractor reserves its right to, and may take such action 1745 as is legally available to Contractor, collect or cause collection of past due invoice 1746 amounts; provided, however, that Contractor shall never discontinue Solid Waste 1747 Collection to any Service Unit. Contractor may send a written notice to Service Recipient 1748 regarding payments of Billings during the billed service period. 1749 7.8 Collection of Past Due Accounts.
1750 7.8.1 Contractor shall be responsible for collection of payment from 1751 Customers with past-due accounts (“bad debt”). Contractor shall make reasonable 1752 efforts to obtain payment from delinquent accounts through issuance of late 402
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1753 payment notices, making at least three (3) telephone requests for payments to 1754 Customer and property owner (if the owner is a different Person or entity than the 1755 Customer), offering a Customer payment plan, and reduction of service in 1756 accordance with the following.
1757 7.8.1.1 At its option, Contractor may charge Customers a late payment 1758 fee for accounts that are over sixty (60) days past due provided that 1759 Contractor provides each Customer thirty (30) days written notice of its 1760 intent to assess the late fee. The maximum late fee is subject to the City 1761 approval and reflected in Exhibit 1.
1762 7.8.1.2 At its option, for accounts that are over ninety (90) days past due, 1763 Contractor may (i) refer delinquent accounts to a licensed third-party 1764 collection agency that is approved by the City, and/or (ii) report delinquent 1765 accounts to recognized consumer credit reporting agencies, provided, in 1766 both cases, that Contractor provides each Customer thirty (30) days written 1767 notice of its intent of such reporting.
1768 7.8.1.3 If a Customer’s payment becomes more than one hundred twenty 1769 (120) days past due, Contractor may request approval from the City, which 1770 will not be unreasonably denied, to reduce service to that account until 1771 payment is received, providing written evidence for each account that the 1772 required collection steps have been taken. If the City approves such 1773 request, the Contractor shall provide the Customer and property owner (if 1774 the owner is different from the Customer) written notice of service reduction 1775 which includes a description of potential penalties from the City for 1776 nuisance, should it occur. All notifications and correspondence issued by 1777 Contractor shall be directed to the Customer and the owner of the property 1778 if the owner is a different Person or entity than the Customer. 1779 7.9 Billing Accounts After Missed Collections.
1780 7.9.1 In the event of a missed Collection, wherein Containers were properly 1781 set out in a timely manner and wherein the Contractor was unable resolve the 1782 complaint by the end of the following Workday, Contractor shall credit the account 1783 of the Customer that experienced the missed Collection by a prorated amount for 1784 that missed Service.
1785 7.9.2 In the event that a Customer was subject to a missed Collection wherein 1786 Containers were properly set out in a timely manner and wherein the Contractor 1787 was unable to return and Collect the Customer’s Solid Waste until the following 1788 regularly scheduled Collection day, or on other delayed Workday prior to regularly 1789 schedule Collection day as applicable, that Customer shall not be subject to any 403
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1790 Solid Waste Overage fees or otherwise be penalized or tracked for an instance of 1791 Overage.
1792 Article 8. Service Unit Types
1793 8.1 Service Units. Service Units include all the following categories of Premises which 1794 are in the Service Area as of July 1, 2027, and all such Premises which may be added to 1795 the Service Area by means of annexation, new construction, or as otherwise set forth in 1796 this Agreement during the Term of this Agreement:
1797 8.1.1 SFD Service Units. Services are specified in Article 9. 1798 8.1.2 MFD Service Units. Services are specified in Article 10. 1799 8.1.3 Commercial Service Units. Services are specified in Article 11. 1800 Commercial Service exclusivity extends only to Garbage Collection Services 1801 provided using Carts and Bins serviced with a front-loading, rear-loading or side1802 loading Collection Vehicle. 1803 8.1.4 City Service Units. Services are specified in Article 12. 1804 8.1.5 Temporary Bin and Roll-Off Container Service. Services are specified in 1805 Article 13. Temporary Bin and Roll-Off Container Service is non-exclusive. 1806 8.1.6 Any question as to whether a Premises falls within one of these 1807 categories will be determined by the Agreement Administrator at the 1808 Administrator’s sole discretion; and the determination of the Agreement 1809 Administrator will be final.
1810 8.2 Service Unit Changes. City and Contractor acknowledge that during the Term of 1811 this Agreement it may be necessary or desirable to add or delete Service Units for which 1812 Contractor will provide Service.
1813 8.2.1 Additions and Deletions. Contractor must provide services described in 1814 this Agreement to new Service Units in Contractor’s Service Area within five (5) 1815 Workdays of receipt of notice from City or the new Service Unit to begin such 1816 Service. Contractor must remove service from Service Unit within five (5) 1817 Workdays of receipt of notice from City or the new Service Unit to terminate such 1818 Service.
1819 8.3 Annexation. If, during Term of the Agreement, additional territory within or adjacent 1820 to the Contractor’s Service Area is acquired by City through annexation, subject to the 1821 requirements of Public Resources Code Section 49520, Contractor agrees to provide 404
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1822 Solid Waste Collection in such annexed area in accordance with the provisions and 1823 Maximum Service Rates set forth in this Agreement after termination of former 1824 contractor’s rights to provide service have been exhausted. Such Solid Waste Collection 1825 must begin within five (5) Workdays of receipt of written notice from City. Contractor may 1826 not begin Collection Service without written authorization from City. 1827 8.3.1 Route Map Update. Contractor must revise the Service Unit route maps 1828 to show the addition of Service Units added due to annexation and must provide 1829 such revised maps to the Agreement Administrator as requested. 1830 8.4 Shared Service. Provided that such action is not disallowed under City Municipal 1831 Code or Applicable Law, City businesses shall not be prohibited from sharing Containers 1832 with other businesses as a single Commercial Service Unit, or from coordinating to share 1833 a single Commercial Service Unit Collection account; and City residents shall not be 1834 prohibited from sharing Containers with other residents as a single SFD Service Unit, or 1835 from coordinating to share a single SFD Service Unit Collection account. 1836 Article 9. SFD Service
1837 9.1 SFD Conditions of Service. Unless expressly set forth elsewhere in this 1838 Agreement, Contractor must provide SFD Collection Services to all SFD Units in the 1839 Service Area. Contractor must provide SFD Solid Waste Collection Service to all SFD 1840 Service Units in the Service Area whose Solid Waste is properly containerized in Solid 1841 Waste Collection Carts, where the Solid Waste Collection Carts are accessible. The 1842 Maximum Service Rates for Contractor’s SFD Solid Waste Collection Services are set 1843 forth in Exhibit 1. In addition to the provisions generally applicable to this Agreement, the 1844 following terms apply specifically to SFD Collection Service:
1845 9.1.1 Provision of Service. Except for those Service Recipients that choose to 1846 receive Bins per Section 9.1.3, Contractor must provide SFD Collection Service to 1847 all SFD Service Units in the Service Area whose SFD Solid Waste is properly 1848 containerized in Garbage Carts; Recyclable Materials are properly containerized 1849 in Recyclable Materials Carts, except as set forth in Section 9.2.1; and Organic 1850 Waste Materials are properly containerized in Organic Waste Carts except as set 1851 forth in Section 9.3.2 and 9.3.4; and where the Garbage, Recyclable Materials, 1852 and Organic Waste Carts have been placed within three (3) feet of the curb, swale, 1853 paved surface of the public roadway, closest accessible roadway, or other such 1854 location agreed to by Contractor and Service Recipient that will provide safe and 1855 efficient accessibility to Contractor's Collection crew and vehicle. 1856 9.1.2 Bundled SFD Cart Service. Contractor will use a weekly Bundled SFD 1857 Solid Waste Collection Service system consisting of Garbage, Recyclable 1858 Materials and Organic Waste Carts. Contractor shall offer Black or Grey Garbage 405
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1859 Carts with a capacity of 32-gallons, 64-gallons and 96-gallons. One (1) 96-gallon 1860 Blue Recyclable Materials Cart, and one (1) 96-gallon Green Organic Waste Cart 1861 shall be part of the base SFD Solid Waste Collection Service. Recyclable Materials 1862 Carts with a capacity of 32-gallons or 64-gallons and Organic Waste Carts with a 1863 capacity of 20-gallons, 32-gallons or 64-gallons may be requested in lieu of the 96- 1864 gallon included in the base service, but no associated reduced pricing will be made 1865 available in relation to such reduction in Recyclable Materials or Organic Waste 1866 volume. Pricing for upsizing Garbage Carts or adding additional Garbage, 1867 Recyclable Material, or Organic Waste Carts is included in Exhibit 1. 1868 9.1.2.1 Additional Recyclable Materials Carts. A total of two (2) 1869 Recyclable Material Carts shall be provided at no additional charge. 1870 Pricing for additional Recyclable Materials Carts in excess of the two (2) 1871 Recyclable Materials Carts offered at no charge is included in Exhibit 1 1872 ("Additional Recycling Cart").
1873 9.1.2.2 Additional Organic Waste Carts. A total of four (4) Organic 1874 Waste Carts shall be provided at no additional charge. Pricing for 1875 additional Organic Waste Carts in excess of the four (4) Organic Waste 1876 Carts offered at no charge is included in Exhibit 1 ("Additional Organic 1877 Waste Cart").
1878 9.1.3 Bundled SFD Bin Service. In limited applications, such as rural SFD 1879 Service Units and SFD Service Units containing two (2) to four (4) Dwelling Units, 1880 Collection Service may be offered using Bins. For Bin Service, Contractor will use 1881 a weekly Bundled SFD Solid Waste Collection Service system with one (1) 1-cubic 1882 yard Black or Grey Garbage Bin, one (1) 96-gallon Blue Recyclable Materials Cart, 1883 and one (1) 96-gallon Green Organic Waste Cart as part of the base SFD Solid 1884 Waste Collection Service. Pricing for upsizing Garbage Bin capacity or adding 1885 additional Garbage, Recyclable Material, or Organic Waste Carts is included in 1886 Exhibit 1.
1887 9.1.3.1 Additional Recyclable Materials Carts. A total of two (2) 1888 Recyclable Material Carts shall be provided at no additional charge. 1889 Pricing for additional Recyclable Materials Carts in excess of the two (2) 1890 Recyclable Materials Carts offered at no charge is included in Exhibit 1 1891 ("Additional Recycling Cart").
1892 9.1.3.2 Additional Organic Waste Carts. A total of four (4) Organic 1893 Waste Carts shall be provided at no additional charge. Pricing for 1894 additional Organic Waste Carts in excess of the four (4) Organic Waste 1895 Carts offered at no charge is included in Exhibit 1 ("Additional Organic 1896 Waste Cart").
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1897 9.1.4 SFD Service Unit Designation. SFD Dwelling Units may be identified as 1898 one (1) SFD Service Unit containing up to four (4) Dwelling Units or up to four (4) 1899 separate SFD Service Units. For a Dwelling Unit to be identified as its own 1900 separate SFD Service Unit, the Dwelling Unit must (i) be separately addressed, 1901 and (ii) be set up as a separate billing account with the Contractor. A Dwelling Unit 1902 shall only be considered its own SFD Service Unit if Contractor can reasonably 1903 provide SFD Collection Service to the Dwelling Unit. Should Service Recipient and 1904 Contractor be unable to reach agreement regarding Service Unit designation, 1905 Contractor shall confer with Agreement Administrator to cooperatively arrive at a 1906 solution.
1907 9.1.5 Hours of Collection. SFD Collection Service must be provided, 1908 commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., 1909 Monday through Friday, except for Holidays in accordance with Section 5.3. The 1910 hours, day, or both of Collection may be extended due to extraordinary 1911 circumstances or conditions with the prior verbal or written consent of the 1912 Agreement Administrator.
1913 9.1.6 Frequency and Scheduling of Service. SFD Collection Service must be 1914 provided one (1) time per week, on a schedule matching the City’s current service 1915 schedule. SFD Collection Service must be scheduled so that all Service Units 1916 receive Garbage Collection Service, Recyclable Materials Collection Service, and 1917 Organic Waste Collection Service on the same Workday. 1918 9.1.7 Manner of Collection. The Contractor must provide Collection Service 1919 with as little disturbance as possible; the Contractor must leave any Garbage, 1920 Recyclable Materials, or Organic Waste Cart in an upright position, with the lid 1921 closed, at the same point it was Collected, without obstructing alleys, roadways, 1922 driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection 1923 Service must follow the regular walk for pedestrians while on private property and 1924 may not trespass nor cross to the adjoining Premises unless the occupant or owner 1925 of both properties has given permission. Care should be taken to prevent damage 1926 to property, including but not limited to flowers, shrubs, and other plantings. 1927 9.1.7.1 Any damage caused by Contractor to Service Recipient property, 1928 excluding normal wear and tear, shall be repaired or replaced promptly and 1929 reported to the City per the requirements of Section 5.15 and/or Section 1930 23.4.2.12, as applicable.
1931 9.1.8 On-Premises Service. Notwithstanding any term or definition set forth in 1932 this Agreement, Contractor must provide Collection of SFD Garbage, Recyclable 1933 Materials, and Organic Waste on the SFD Service Recipient’s Premises to an SFD 1934 Service Unit as follows.
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1935 9.1.8.1 Physical Limitation Service - At no additional cost to the SFD 1936 Service Unit. SFD Service Units where all adult Service Recipients residing 1937 therein either have disabilities that prevent them from setting their Garbage, 1938 Recyclable Materials, Organic Waste Cart, or Bulky Waste at the curb for 1939 Collection or are senior citizens, defined as 65 years of age or older, and if 1940 a request for on-premises service has been made, shall receive on-premise 1941 Collection Service where all Garbage, Recyclable Materials, and Organic 1942 Waste Carts are Collected from a side-yard, backyard, or other off-street 1943 location agreed on between the Contractor and the Service Recipient. For 1944 SFD Clean Up Collection on-premises services, materials must be staged 1945 externally to the Dwelling Unit in a location that’s accessible and visible to 1946 Contractor, as close to the Service Unit’s standard curbside Collection 1947 location as is feasible for the Customer, and as agreed on between the 1948 Contractor and Service Recipient. Contractor may require proof of disability 1949 or age.
1950 9.1.8.2 City-Directed SFD On-Premise Collection Service –The City may 1951 determine that certain SFD Service Units are experiencing ongoing illegal 1952 dumping or other improper use by the public that are not within the control 1953 of the Service Recipient. Upon City direction, Contractor shall provide on1954 premises Collection Service at no additional charge for up to one hundred 1955 (100) SFD Service Units. Contractor shall make on-premise Collection 1956 Service available for all impacted Garbage, Recyclable Materials, and 1957 Organic Waste Carts at the Service Unit, to the extent each Cart has been 1958 impacted by illegal dumping. Contractor shall meet with the Service 1959 Recipient to identify the most appropriate service location to address the 1960 illegal dumping issue while reducing operational impacts. Should the 1961 situation causing the illegal dumping resolve at a particular Service Unit, 1962 Contractor may work with City and Service Unit to discontinue the on1963 premises service. For SFD Clean Up Collection, materials must be staged 1964 at the standard curbside SFD Clean Up Collection location, though 1965 Contractor shall closely coordinate with the Service Unit to limit the amount 1966 of time the SFD Clean Up materials are set out at the curb. 1967 • Note: The one hundred (100) SFD Service Recipients shall signify a 1968 total of one hundred (100) at any one time, such that if a Service Unit 1969 drops out of the program, a replacement Service Unit can take its 1970 place. In the event the City has identified more than one hundred 1971 (100) SFD Service Units, at any one-time, needing such on-premise 1972 collection service, the City shall follow the procedures set forth in 1973 Section 28.1.
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1974 9.1.8.3 Subscription-based Service - At an additional cost to the SFD 1975 Service Unit. An SFD Service Recipient not eligible under Section 9.1.8.1 1976 may subscribe for On-Premises SFD Collection Service where Garbage, 1977 Recyclable Materials, and Organic Waste Carts are Collected from a side1978 yard, backyard, or other off-street location agreed on between the 1979 Contractor and the Service Recipient. Contractor may charge for On1980 Premises Collection on a subscription basis upon request for the Maximum 1981 Service Rates set forth in Exhibit 1. On-Premises Collection may be 1982 required where topography, steep driveways, below-grade dwellings, or 1983 limited access to public streets prevent the SFD Service Recipient from 1984 setting their Garbage, Recyclable Materials, or Organic Waste Cart at the 1985 curb for Collection.
1986 9.1.8.4 Contractor must provide on-premises Collection Service on the 1987 same Workday that curbside Collection would otherwise be provided to the 1988 SFD Service Unit.
1989 9.2 SFD Recyclable Materials Service. In addition to the provisions generally 1990 applicable to this Agreement, the following terms apply specifically to SFD Recyclable 1991 Materials Service:
1992 9.2.1 Extra Cardboard. Corrugated cardboard that will not fit inside the 1993 Recyclable Materials Cart may be placed beside the Recyclable Materials Cart if 1994 flattened.
1995 9.2.2 Dry Cell Battery Collection. Contractor shall collect dry cell household 1996 batteries when set out by the Service Recipient in heavy duty plastic bags and 1997 placed on the Recyclable Materials Cart as part of SFD Recycling Collection 1998 Service. Service Recipients shall call or otherwise request the service from 1999 Contractor on specified Collection day. There shall be no limit to the number of 2000 available dry cell battery Collections per Service Recipient. Contractor shall make 2001 request process simple and straightforward through online or other simplified 2002 request mechanisms. Contractor shall schedule dry cell battery Collection on 2003 Collection driver’s route in such a fashion that makes driver aware of the presence 2004 of the bag of batteries in order to avoid accidental dumping of batteries into the 2005 Collection Vehicle body or into the gutter or street. Should a Service Recipient 2006 properly set out dry cell household batteries in a heavy duty plastic bag, placed on 2007 top of the Recyclable Materials Cart for Collection without first requesting such 2008 service from the Contractor, and the driver can visually identify such placement of 2009 otherwise compliant battery set-out, the driver shall Collect such batteries. Driver 2010 may provide a notice specifying requirement to call or otherwise request battery 2011 Collection service in the future. If Service Recipient improperly sets out batteries 2012 or sets out batteries that are not acceptable in the program, the driver shall leave 409
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2013 batteries behind, safely placing such batteries on top of the Recyclable Materials 2014 Container after Collection of Recyclable Materials, and shall provide a Non2015 Collection Notice describing the reason for non-collection. 2016 9.3 SFD Organic Waste Collection Service. In addition to the provisions generally 2017 applicable to this Agreement, the following terms apply specifically to SFD Organic Waste 2018 Collection Service:
2019 9.3.1 Internal Food Waste Sorting Interventions. Per the Education and 2020 Outreach Plan, Contractor must make available, upon request, interventions that 2021 support proper sorting of Food Waste, including aids to support reduction in odor 2022 and pests. If such intervention includes kitchen pails, each new SFD Service 2023 Recipient shall be limited to receiving one (1) pail throughout the Term of the 2024 Agreement. Additionally, existing SFD Service Recipients shall be eligible to 2025 receive a kitchen pail upon request on a limited and discretionary basis. 2026 9.3.2 Holiday Tree Collection. Contractor must Collect unflocked, undecorated 2027 holiday trees, with stand removed, set out at the curb for Collection during the three-week period beginning December 26th 2028 each year during the Term of this 2029 Agreement. Holiday trees set out for Collection may either be containerized within 2030 an Organic Waste Cart or placed on the ground near the Service Unit’s Collection 2031 Containers. Holiday trees may be no greater than seven (7) feet in length. 2032 Contractor must deliver the Collected Holiday Trees to the Organic Waste 2033 Processing Facility for Diversion through uses other than Alternative Daily Cover 2034 or Beneficial Use. This annual service will be provided at no additional charge to 2035 the Service Recipient and shall not be counted as one of the SFD Service 2036 Recipient’s free annual Clean Up Collection Service as set forth in Section 9.4. 2037 Contractor is not required to Collect holiday trees with tinsel, flocking, or 2038 ornaments. Contractor shall affix a Non-Collection Notice, documenting the date 2039 of non-collection and the reason for non-collection. 2040 9.3.3 Drop-off Holiday Tree Collection. At no additional cost to SFD Service 2041 Recipients, Contractor shall provide holiday tree drop-off service for the two weeks 2042 following December 26 each year, using Contractor-provided Debris Boxes placed 2043 at locations approved by the City.
2044 9.3.4 Bagged Leaf Waste. During the fall leaf season (November 1 through 2045 January 31), Contractor must accept for Collection up to five (5) 30-gallon bags of 2046 leaves from every SFD Service Recipient every week at no additional charge. Leaf 2047 waste must be placed in compostable paper bags or ASTM D6400-rated bags and 2048 set beside the Organics Waste Cart for Collection. Individual bags may not weigh 2049 more than fifty (50) pounds.
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2050 9.4 SFD Clean Up Collection Service. In addition to the provisions generally applicable 2051 to this Agreement, the following terms apply specifically to SFD Clean Up Collection 2052 Service:
2053 9.4.1 Conditions of Service. Contractor must provide SFD Clean Up Collection 2054 Service, including the Collection of Bulky Items, E-Waste, and other materials 2055 detailed in this Section, to all SFD Service Units in the Service Area who have 2056 scheduled an appointment and whose materials have been placed within three (3) 2057 feet of the curb, swale, paved surface of the public roadway, closest accessible 2058 roadway, or other such location agreed to by Contractor and Service Recipient, 2059 that will provide safe and efficient accessibility to Contractor's Collection crew and 2060 vehicle. Up to two (2) times per Calendar Year, at no additional cost or expense, 2061 each Service Recipient is entitled to receive Clean Up Collection Service that 2062 includes the following materials:
2063 9.4.1.1 Three (3) Bulky Items; and
2064 9.4.1.2 Up to two (2) cubic yards total of the following Source Separated 2065 materials:
2066  Individual donatable items (large flowerpots, suitcases, plastic 2067 chairs, etc.) with a maximum weight of fifty (50) pounds per item and 2068 no larger than 3 feet x 3 feet x 3 feet per item;
2069  35-gallon bags of clean and dry textiles with a maximum weight of 2070 fifty (50) pounds per bag;
2071  bundles or boxes of excess Recyclable Materials, with a maximum 2072 weight of fifty (50) pounds per bundle or box;
2073  bundles or boxes of Green Waste, with a maximum weight of fifty 2074 (50) pounds per bundle or box;
2075  35-gallon bags of Garbage, with a maximum weight of fifty (50) 2076 pounds per each bag; and/or
2077  E-waste items.
2078 For subsequent Clean Up Collections in any Calendar Year, and for materials in 2079 excess of (i) three Bulky Items and/or (ii) two (2) cubic yards, the Contractor shall 2080 receive compensation from the Customer at the Maximum Service Rate for such 2081 service as set in Exhibit 1.
2082 9.4.2 Proper Labeling and Containerizing. The Service Recipient may not 2083 intentionally commingle residential Bulky Waste with other Residential Waste. 2084 Contractor shall advise Service Recipients of requirements to label items, bags, 2085 boxes, and bundles with their material type (e.g., clothing, Recyclables, Green 411
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2086 Waste, Garbage). Contractor reserves the right to not Collect materials that are 2087 not properly labeled. Contractor also reserves the right to not Collect materials that 2088 are not containerized or securely bundled with string or a similar material. 2089 9.4.3 Frequency of Service. Clean Up Collection Service will be provided 2090 within ten (10) Business Days of the request for Clean Up Collection Service made 2091 by the Service Recipient.
2092 9.4.4 Bulky Waste Containing Freon. In the event Contractor Collects Bulky 2093 Waste that contain Freon, Contractor must handle such Bulky Waste in a manner 2094 such that the Bulky Waste is not subject to regulation as Hazardous Waste under 2095 applicable State and federal laws or regulations.
2096 9.4.5 Reuse Protocol. Contractor shall make every effort to promote the reuse 2097 of materials Collected via Clean Up Collection Service by following the Reuse 2098 Protocol described here:
2099 9.4.5.1 Contractor shall offer Collected Bulky Items, individual items, 2100 textiles, and other reusable items to reuse organizations. 2101 9.4.5.2 Contractor shall secure agreements with various reuse and textile 2102 recycling organizations to ensure this Reuse Protocol can be met. 2103 9.4.5.3 Contractor’s Customer Service shall provide clear instructions to 2104 Service Recipients regarding proper Source Separation, containerizing and 2105 labeling of eligible materials per Section 9.4.2.
2106 9.4.5.4 Items to be selected for reuse include household items and 2107 products in usable condition, as deemed by Contractor and/or reuse 2108 organization.
2109 9.4.5.5 All remaining Bulky Items, individual items, and other donation 2110 items that are not taken for reuse shall be assessed to determine whether 2111 they can be processed for Recycling or Composting, and, if Recyclable, 2112 shall be Recycled, and if compostable, delivered for Composting. 2113 9.4.6 Disposal of Bulky Waste. Contractor may not landfill such Bulky Waste 2114 unless the Bulky Waste cannot be reused or Recycled. 2115 9.5 On-Call Household Hazardous Waste (HHW). The Contractor shall provide on-call 2116 Collection of HHW in accordance with Exhibit 7. Each SFD Service Unit in the Service 2117 Area shall be entitled to receive on-call HHW Collection Service a maximum of one (1) 2118 time per Calendar Year at no additional cost. In accordance with the Maximum Service 412
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2119 Rates set in Exhibit 1, Contractor shall be compensated for the cost of providing on-call 2120 HHW Collection Service in excess of one (1) time per year to any Service Unit. Initial On2121 Call HHW program costs are based upon assumptions approved by the City. Should On2122 Call HHW Program exceed four percent (4%) annualized participation, City and 2123 Contractor shall meet and confer regarding program scope and costs in accordance with 2124 Section 28.1.
2125 Article 10. MFD Collection Service
2126 10.1 MFD Conditions of Service. Unless expressly set forth elsewhere in this 2127 Agreement, Contractor must provide MFD Collection Services to all MFD Units in the 2128 Service Area. In addition to the provisions generally applicable to this Agreement, the 2129 following terms apply specifically to MFD Collection Service:
2130 10.1.1 Provision of Service. Contractor must provide MFD Collection Service to 2131 all MFD Service Units in the Service Area whose Garbage is properly containerized 2132 in Garbage Containers; Recyclable Materials are properly containerized in 2133 Recyclable Materials Containers; and Organic Waste is properly containerized in 2134 Organic Waste Containers.
2135 10.1.2 Mandatory Service for MFD. MFD Garbage Collection Service shall be 2136 provided in Garbage Containers at the size and frequency as requested by the 2137 MFD Service Recipient. MFD Recyclable Materials Collection Service and Organic 2138 Waste Collection Service shall be provided, at minimum, in accordance with the 2139 Container volume equivalencies outlined in the below table. Garbage, Recyclable 2140 Materials, and Organic Waste Service shall be provided at the Maximum Service 2141 Rates included in Exhibit 1. Contractor must provide Recyclable Materials and 2142 Organic Waste Containers in all locations where Garbage Containers are available 2143 to Customers.

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
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2144 10.1.3 MFD Service Unit Designation. In rare cases, such as MFD Dwelling 2145 Units with individual waste enclosures, garages or other built-environment physical 2146 separation, or individual ownership and/or management of the Dwelling Units, 2147 some MFD Dwelling Units may warrant being serviced as separate SFD Service 2148 Units. A Dwelling Unit shall only be considered its own SFD Service Unit if 2149 Contractor can reasonably provide SFD Collection Service to the Dwelling Unit and 2150 bill each unit separately. Should Service Recipient and Contractor be unable to 2151 reach agreement regarding Service Unit designation, Contractor shall confer with 2152 Agreement Administrator to cooperatively arrive at a solution. In the case a 2153 Dwelling Unit is determined to function as an SFD Service Units, all terms under 2154 Article 10 shall apply.
2155 10.1.4 Additional Service and Waivers. Additional Containers beyond those 2156 required with minimum Mandatory Service for MFD may be requested by the MFD 2157 Service Recipient. Additional Collection Containers or different size Collection 2158 Containers are subject to the applicable Maximum Service Rates set forth in 2159 Exhibit 1. To be exempted from MFD Recyclable Materials Service or MFD Organic 2160 Waste Collection Service, Service Recipient must apply for exemption to the City. 2161 All such waivers or Self-Haul must be approved by the City. 2162 10.1.5 Hours of Collection. MFD Collection Service must be provided 2163 commencing no earlier than 6:00 a.m. and terminating no later than 6:00 p.m., 2164 Monday through Friday, and no earlier than 8:00 a.m. and no later than 5:00 p.m. 2165 on Saturday, except for Holidays in accordance with Section 5.3. The hours, day, 2166 or both of Collection may be extended due to extraordinary circumstances or 2167 conditions with the prior verbal or written consent of the Agreement Administrator. 2168 10.1.6 Frequency and Scheduling of Service. MFD Collection Service must be 2169 provided as deemed necessary and determined between Contractor and the MFD 2170 Service Unit, but such service must be received no less than one (1) time per week 2171 with no exception for Holiday(s) as set forth herein, except that Collection service 2172 scheduled to fall on a Holiday may be rescheduled as determined between the 2173 Service Unit and Contractor as long as the minimum frequency requirement is met. 2174 Service may be provided by Bin or Cart at the option of the Service Recipient. The 2175 size of the Container and the frequency (above the minimum) of Collection will be 2176 determined between the MFD Service Unit and Contractor. However, size and 2177 frequency must be sufficient to provide that no Solid Waste needs be placed 2178 outside the Collection Container.
2179 10.1.7 Manner of Collection. The Contractor must provide Collection Service 2180 with as little disturbance as possible; the Contractor must leave any Garbage, 2181 Recyclable Materials, or Organic Waste Container in an upright position, with the 2182 lid closed, at the same point it was Collected, without obstructing alleys, roadways, 414
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2183 driveways, sidewalks, or mailboxes. Contractor’s employees providing Collection 2184 Service must follow the regular walk for pedestrians while on private property and 2185 may not trespass nor cross property to the adjoining Premises unless the occupant 2186 or owner of both properties has given permission. Care should be taken to prevent 2187 damage to property, including flowers, shrubs, and other plantings. 2188 10.1.7.1 Any damage caused by Contractor to Service Recipient property, 2189 excluding normal wear and tear, shall be repaired or replaced promptly and 2190 reported to the City per the requirements of Section 5.15 and/or Section 2191 23.4.2.12, as applicable.
2192 10.1.8 Containers and Compactors. Contractor must provide Containers to 2193 Service Recipients as part of the Maximum Service Rates set forth in Exhibit 1. 2194 Service Recipients may own and provide their own Compactor provided that the 2195 Service Recipient is completely responsible for its proper maintenance, and that 2196 such Compactor is of a type that is compatible with Contractor's equipment. 2197 Contractor shall operate equipment that is compatible with pre-existing Service 2198 Recipient-owned Compactors.
2199 10.1.9 Accessibility. Contractor must Collect all Containers that are readily 2200 accessible to Contractor's crew and vehicles and not blocked by other items, at 2201 such location agreed to by Contractor and Service Recipient, which will provide 2202 safe and efficient accessibility to Contractor's Collection crew and vehicle. 2203 Contractor shall dismount from Collection Vehicle to remove Containers from an 2204 enclosure or otherwise reasonably prepare accessible Containers for Collection. 2205 Contractor must provide MFD Collection Service to Containers placed inside of 2206 enclosures located along the drivable path in the MFD Service Unit Premises. 2207 Should access to Containers housed within an enclosure become a recurrent issue 2208 due to improper storage or placement of items in the enclosure by the Service 2209 Recipient or other obstruction, Contractor shall work with the Service Recipient 2210 and/or City to make adjustments to all allow for access within the enclosure or 2211 determine an alternative, accessible service location. Should limited enclosure 2212 access be a result of the Contractor’s own placement of Containers, the Contractor 2213 must rearrange Containers as necessary in order to provide Collection Service. 2214 10.1.9.1 Contractor may not automatically discontinue Collection Service 2215 to Containers that the Contractor deems inaccessible. Contractor shall 2216 make clear to the individual Service Recipient what conditions are 2217 necessary to prepare Containers for Collection and shall work 2218 collaboratively with the Service Recipient to identify a Collection location 2219 that will provide safe and efficient access to Contractor's Collection crew 2220 and Collection Vehicle. Contractor may also share with the Service 2221 Recipient the additional service options that are available at an additional 415
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2222 cost as described in Section 10.1.10. Contractor shall report to the City any 2223 issues related to service location that prevent reasonable access to the 2224 Collection crew and Collection Vehicle in accordance with reporting 2225 requirements in Section 23.3.2.2. Should Contractor discontinue Collection 2226 service due to accessibility issues without first consulting the Service 2227 Recipient, Administrative Charges may be charged in accordance with 2228 Exhibit 5.
2229 10.1.10 Push Services and Similar Services. Notwithstanding any term or 2230 definition set forth in this Agreement, Contractor must provide push and/or pull 2231 services of MFD Garbage, Recyclable Materials, and Organic Waste on the MFD 2232 Service Recipient’s Premises to an MFD Service Unit at an additional cost as 2233 follows and at the Maximum Service Rates as set forth in Exhibit 1. Contractor is 2234 under no obligation to provide Collection Services under the following conditions 2235 unless Service Recipient has subscribed to “push” or similar service. If subscribed 2236 to by the Service Recipient, Contractor must provide push Collection Service on 2237 the same Workday that curbside Collection would otherwise be provided to the 2238 MFD Service Unit. Contractor may offer “push” services where Garbage, 2239 Recyclable Materials, and Organic Waste Containers meet any of the following 2240 conditions:
2241 10.1.10.1 Driver must walk more than twenty (20) feet after dismounting the 2242 Collection Vehicle to access the Container and proceed to push, pull or 2243 otherwise move a Container more than twenty (20) feet to a serviceable 2244 location and return the Container to its storage location after Collection. 2245 10.1.10.2 Topography, steep driveways, below-grade dwellings, or limited 2246 access to public streets prevent driver standard access to Containers in 2247 their standard storage location.
2248 10.2 MFD Garbage Collection Service. In addition to the provisions generally applicable 2249 to this Agreement, the following terms apply specifically to MFD Garbage Collection 2250 Service:
2251 10.2.1 Conditions of Service. Contractor must provide MFD Garbage Collection 2252 Service to all MFD Service Units in the Service Area whose Garbage is properly 2253 containerized in Garbage Collection Containers, where the Garbage Collection 2254 Containers are accessible. The Maximum Service Rates for Contractor’s MFD 2255 Garbage Collection Services are set forth in Exhibit 1. 2256 10.3 MFD Recyclable Materials Collection Service. In addition to the provisions 2257 generally applicable to this Agreement, the following terms apply specifically to MFD 2258 Recyclable Materials Collection Service:
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2259 10.3.1 Conditions of Service. Contractor must provide MFD Recyclable 2260 Materials Service to all MFD Service Units in the Service Area whose Recyclable 2261 Materials are properly containerized in Recyclable Materials Collection Containers 2262 except as set forth below, where the Recyclable Materials Collection Containers 2263 are accessible. The Maximum Service Rates for Contractor’s MFD Recyclable 2264 Materials Services are set forth in Exhibit 1.
2265 10.3.2 MFD Recyclable Materials Service Mandatory Subscription. All MFD 2266 Service Recipients subscribing to MFD Solid Waste Collection Service must 2267 receive, at minimum, weekly Collection of Recyclable Materials as outlined in 2268 Section 10.1.2. MFD Recyclable Materials Service shall be provided at the 2269 Maximum Service Rates set forth in Exhibit 1. The actual configuration of 2270 Recyclable Materials Collection Container sizes to be provided will be based on 2271 the total equivalent volume and configured in a manner determined by the Service 2272 Recipient in consultation with Contractor at Maximum Service Rates set forth in 2273 Exhibit 1.
2274 10.4 MFD Organic Waste Collection Service. In addition to the provisions generally 2275 applicable to this Agreement, the following terms apply specifically to MFD Organic Waste 2276 Collection Service:
2277 10.4.1 Conditions of Service. Contractor must provide MFD Organic Waste 2278 Collection Service to all MFD Service Units in the Service Area whose Organic 2279 Waste is properly containerized in Organic Collection Containers, where the 2280 Organic Waste Collection Containers are accessible. Contractor will charge for 2281 Collection of Organic Waste at the Maximum Service Rates specified in Exhibit 1. 2282 Contractor agrees that not all Service Units will elect to receive Organic Waste 2283 Collection Service in Carts, and that Contractor will provide Organic Waste 2284 Collection Bins upon request and as necessary.
2285 10.4.2 MFD Organic Waste Service Mandatory Subscription. All MFD Service 2286 Recipients subscribing to MFD Solid Waste Collection Service must receive 2287 weekly Collection of Organic Waste Materials as outlined in Section 10.1.2. MFD 2288 Organic Waste Service shall be provided at the Maximum Service Rates set forth 2289 in Exhibit 1. The actual configuration of Organic Waste Collection Container sizes 2290 to be provided will be based on the total equivalent volume and configured in a 2291 manner determined by the Service Recipient in consultation with Contractor at 2292 Maximum Service Rates set forth in Exhibit 1.
2293 10.4.3 Internal Food Waste Sorting Interventions. Per the Education and 2294 Outreach Plan, Contractor must make available, upon request, interventions that 2295 support proper sorting of Food Waste, including aids to support reduction in odor 2296 and pests, at no additional cost.
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2297 10.4.4 Drop-off Holiday Tree Collection. At no additional cost, Contractor shall 2298 provide holiday tree drop-off service to MFD Dwelling Units for the two weeks 2299 following December 26 each year, using Contractor-provided Debris Boxes placed 2300 at locations approved by City.
2301 10.4.5 MFD Bulky Waste Collection Service. In addition to the provisions 2302 generally applicable to this Agreement, the following terms apply specifically to 2303 MFD Bulky Waste Collection Service:
2304 10.4.5.1 Conditions of Service. Contractor must provide MFD Bulky Waste 2305 Collection Service to all MFD Service Units in the Service Area whose Bulky 2306 Waste has been placed within three (3) feet of the curb, swale, paved 2307 surface of the public roadway, closest accessible roadway, or other such 2308 location agreed to by Contractor and Service Recipient, that will provide 2309 safe and efficient accessibility to Contractor's Collection crew and vehicle. 2310 Upon property manager request, each MFD Service Unit is annually entitled 2311 to receive up to two (2) Bulky Waste Collections, at two separate times in 2312 the Calendar Year, of up to four (4) Bulky Items per five (5) Dwelling Units 2313 within the MFD Service Unit, with a maximum of up to twenty (20) Bulky 2314 Items per MFD Bulky Waste Collection Services occurrence. For example, 2315 if an MFD Service Unit contains 300 Dwelling Units, only twenty (20) Bulky 2316 Items will be eligible for Collection per service occurrence, for a total of forty 2317 (40) eligible Bulky Items during the course of the Calendar Year. Contractor 2318 may provide this service via Roll-Off or flatbed, whichever is operationally 2319 appropriate. For additional Collection in any Calendar Year, the Contractor 2320 shall receive compensation from the Customer at the Maximum Service 2321 Rates set in Exhibit 1.
2322 10.4.6 Scheduling of Service. Bulky Waste Collection Service will be provided 2323 on the next regular Collection day if the request is received at least five (5) 2324 Workdays in advance of the next regular Collection day. 2325 10.4.6.1 Contractor shall annually notify and educate property 2326 management and/or property owners of every MFD Service Unit of the 2327 availability of the MFD Bulky Waste Collection Service and shall report to 2328 the City any MFD Service Unit that declines to participate at in at least one 2329 Bulky Waste Collection Service per year as part of Contractor’s annual 2330 reporting documentation, as described in Section 23.7.2.1. 2331 10.4.7 Bulky Waste Containing Freon. In the event Contractor Collects Bulky 2332 Waste that contains Freon, Contractor must handle such Bulky Waste in a manner 2333 such that the Bulky Waste is not subject to regulation as Hazardous Waste under 2334 applicable State and federal laws or regulations.
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2335 10.4.8 Reuse Protocol. Contractor shall make every effort to promote the reuse of 2336 Collected Bulky Items by following the Reuse Protocol pursuant to Section 9.4.5. 2337 10.4.9 Disposal of Bulky Waste. Contractor shall not landfill such Bulky Waste 2338 unless the Bulky Waste cannot be reused or recycled. 2339 10.5 On-Call Household Hazardous Waste (HHW). The Contractor shall provide on-call 2340 Collection of HHW in accordance with Exhibit 7. Each MFD Service Unit in the Service 2341 Area shall be entitled to receive free on-call HHW Collection Service a maximum of one 2342 (1) collection time per Calendar Year. In accordance with the Maximum Service Rates set 2343 in Exhibit 1, Contractor shall be compensated for the cost of providing on-call HHW 2344 Collection Service in excess of one (1) time per Calendar Year to any Service Unit. 2345 10.5.1 Contractor shall notify and educate property management or owners of 2346 every MFD Service Unit of the availability of the MFD On-Call HHW Service and 2347 shall report to the City any MFD Service Unit that declines to participate in at least 2348 one On-Call HHW Service per Calendar Year as part of Contractor’s annual 2349 reporting documentation, as laid out in Section 23.7.2.1. 2350 Article 11. Commercial Service
2351 11.1 Commercial Conditions of Service. Unless expressly set forth elsewhere in this 2352 Agreement, Contractor must provide Commercial Collection Services to all Commercial 2353 Service Units in the Service Area. In addition to the provisions generally applicable to this 2354 Agreement, the following terms apply specifically to Commercial Service:
2355 11.1.1 Non-Exclusive Service. Contractor and City acknowledge that as of the 2356 Commencement Date, Contractor does not have the right of exclusive Collection 2357 of Commercial Garbage provided in Roll-Off Containers, Commercial Recyclable 2358 Materials (in any Container), or Commercial Organic Waste (in any Container), but 2359 that at some future date some or all of these services may become exclusive to 2360 Contractor in accordance with Section 3.1.3 of this Agreement. Maximum Service 2361 Rates set forth in Exhibit 1 detail the maximum rates the Contractor may charge 2362 for non-exclusive services, but do not prevent the Contractor from charging less 2363 than the Maximum Service Rates for such non-exclusive services to allow the 2364 Contractor to remain competitive in the market. Contractor warrants, however, that 2365 if it charges less than the Maximum Service Rates for such non-exclusive services, 2366 any forgone revenue shall not be recovered or recoverable via Contractor’s 2367 Collection Service Rates charged other Service Recipients. 2368 11.1.2 Provision of Service. Contractor must provide Commercial Garbage 2369 Collection Service, Commercial Recyclable Materials Service, and Commercial 2370 Organic Waste Collection Service to all Commercial Service Units in the Service 419
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2371 Area whose Garbage, Recyclable Materials, and Organic Waste are properly 2372 containerized in Collection Containers as appropriate where the Collection 2373 Containers are accessible as set forth in Section 11.1.9. Contractor must offer 2374 Garbage, Recyclable Materials, and Organic Waste Carts in 32-, 64-, and 96- 2375 gallon sizes. Contractor must offer Garbage and Recyclable Materials Bins in 1-, 2376 1.5-, 2-, 3-, 4-, and 6-cubic-yard sizes and must offer Organic Waste Bins in 1-, 2377 1.5, 2-, and 3-cubic-yard sizes. Contractor may offer Roll-off Containers in 10-, 20- 2378 , 30-, and 40-cubic-yard sizes. Contractor may also either provide Collection 2379 Service from Compactors that are owned by Commercial Service Units or provide 2380 Compactors for Commercial Service Units to use for Collection Service, for the 2381 Maximum Service Rates set forth in Exhibit 1. The size of the Container (above 2382 the minimum) and the frequency of Collection will be determined between the 2383 Service Recipient and Contractor. However, the size and frequency must be 2384 sufficient to provide that no Garbage, Recyclable Materials, or Organic Waste need 2385 be placed outside the Collection Container. The base Commercial Collection 2386 Service will include Commercial Recyclable Materials Service as described in 2387 Section 11.3 below, and Commercial Organic Waste Collection Service as 2388 described in Section 11.4 below.
2389 11.1.3 Mandatory Service for Commercial Service Units. Commercial Garbage 2390 Collection Service shall be provided in Garbage Containers at the size and 2391 frequency as requested by the Commercial Service Recipient. Commercial 2392 Recyclable Materials Collection Service, when provided by Contractor, shall be 2393 provided, as a minimum standard, in one (1) 96-Gallon Blue Recyclable Materials 2394 Cart. Commercial Organic Waste Collection Service, when provided by Contractor, 2395 shall be provided, as a minimum standard, in one (1) 32-Gallon Green Organic 2396 Waste Cart. Minimum standard service levels shall be included in the Maximum 2397 Service Rates for Garbage Collection Service. Containers and collection 2398 frequencies in excess of the minimum standard shall be available at an additional 2399 cost, in accordance with Section 11.1.4. Should Commercial Recyclable Materials 2400 or Commercial Organic Waste at some future date become exclusive to Contractor 2401 in accordance with Section 3.1.3 of this Agreement, City and Contractor shall meet 2402 and confer in accordance with Section 28.1 to modify the Maximum Service Rates 2403 such that Commercial Recyclable Materials Collection Service and Commercial 2404 Organic Waste Collection Service in excess of the minimum standard are offered 2405 at a increased rate proportionate to the volumes already included in the Maximum 2406 Service Rates for Garbage Collection Service. The provisions of Section 27.6 shall 2407 apply to this Section.
2408 11.1.4 Additional Service and Waivers. Additional services may be requested 2409 by the Commercial Service Recipient. Additional Collection Containers or different 2410 size Collection Containers are subject to the applicable Maximum Service Rates 2411 set forth in Exhibit 1. Recyclable Materials Collection Service and Organic Waste 420
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2412 Collection service may be provided in smaller sizes than the standard in rare cases 2413 where space constraints or minimal generation of materials warrant such reduction 2414 in size. To be exempted from Commercial Recyclable Materials Service or 2415 Commercial Organic Waste Collection Service, Service Recipient must apply for 2416 an exemption with the City. All such waivers, Self-Haul, or alternative hauler 2417 applications must be approved by the City.
2418 11.1.5 Hours of Collection. Commercial Collection Service must be provided 2419 commencing no earlier than 5:00 a.m., and terminating no later than 6:00 p.m., 2420 Monday through Saturday, except for Holidays. If the Commercial Collection 2421 Service is within 400 feet of an SFD or MFD Premises, then Collection service will 2422 be provided no earlier than 6:00 a.m. Monday through Friday, and no earlier than 2423 8:00 a.m. and no later than 5:00 p.m. on Saturday. The City may require additional 2424 restrictions on Collection hours in areas impacted by commute traffic, road repair, 2425 and around schools, or where continued noise complaints about Collection 2426 Vehicles have occurred. The hours, day, or both of Collection may be extended 2427 due to extraordinary circumstances or conditions with the prior verbal or written 2428 consent of the Agreement Administrator.
2429 11.1.6 Frequency and Scheduling of Service. Commercial Collection Service 2430 must be provided as deemed necessary and determined between Contractor and 2431 the Commercial Service Unit, but such service must be received no less than one 2432 (1) time per week with no exception for Holiday(s) as set forth herein, except that 2433 Collection service scheduled to fall on a Holiday may be rescheduled as 2434 determined between the Service Unit and Contractor as long as the minimum 2435 frequency requirement is met. The size of the Container and the frequency (above 2436 the minimum) of Collection will be determined between the Commercial Service 2437 Unit and Contractor. However, size and frequency must be sufficient to provide that 2438 no Solid Waste needs be placed outside the Collection Container. 2439 11.1.7 Manner of Collection. Contractor must provide Commercial Collection 2440 Service consistent with Section 8.08 of the West Sacramento Municipal Code with 2441 as little disturbance as possible and must leave any Collection Container in an 2442 upright position, with the lid closed, at the same point it was originally located, 2443 without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. 2444 11.1.7.1 Any damage caused by Contractor to Service Recipient property 2445 shall be repaired or replaced promptly and reported to the City per the 2446 requirements of Section 5.15 and/or Section 23.4.2.12, as applicable. 2447 11.1.8 Containers and Compactors. Contractor must provide Containers as 2448 part of the Commercial Collection Maximum Service Rates set forth in Exhibit 1, 2449 as applicable. Service Recipients may own and provide their own Compactor 421
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2450 provided that the Service Recipient is completely responsible for its proper 2451 maintenance, and that such Compactor is of a type that is compatible with 2452 Contractor's equipment.
2453 11.1.9 Accessibility. Contractor must Collect all Containers that are readily 2454 accessible to Contractor's crew and vehicles and not blocked by other items, at 2455 such location agreed to by Contractor and Service Recipient, which will provide 2456 safe and efficient accessibility to Contractor's Collection crew and vehicle. 2457 Contractor shall dismount from Collection Vehicle to remove Containers from an 2458 enclosure or otherwise reasonably prepare accessible Containers for Collection. 2459 Contractor must provide Commercial Collection Service to Containers placed 2460 inside of enclosures located along the driven path in the Commercial Service Unit 2461 Premises. Should access to Containers housed within an enclosure become a 2462 recurrent issue due to improper storage or placement of items in the enclosure by 2463 the Service Recipient or other obstruction, Contractor shall work with the Service 2464 Recipient and/or City to make adjustments to all allow for access within the 2465 enclosure or determine an alternative, accessible service location. Should limited 2466 enclosure access be a result of the Contractor’s own placement of Containers, the 2467 Contractor must rearrange Containers as necessary in order to provide Collection 2468 Service.
2469 11.1.9.1 Contractor may not automatically discontinue Collection Service 2470 to Containers that the Contractor deems inaccessible. Contractor shall 2471 make clear to the individual Service Recipient what conditions are 2472 necessary to prepare Containers for Collection and shall work 2473 collaboratively with the Service Recipient to identify a Collection location 2474 that will provide safe and efficient access to Contractor's Collection crew 2475 and Collection Vehicle. Contractor may also share with the Service 2476 Recipient the additional service options that are available at an additional 2477 cost as described in Section 11.1.10. Contractor shall report to the City any 2478 issues related to service location that prevent reasonable access to the 2479 Collection crew and Collection Vehicle in accordance with reporting 2480 requirements in Section 23.3.2.2. Should Contractor discontinue Collection 2481 service due to accessibility issues without first consulting the Service 2482 Recipient, Administrative Charges may be charged in accordance with 2483 Exhibit 5.
2484 11.1.10 Push Services and Similar Services. Notwithstanding any term or 2485 definition set forth in this Agreement, Contractor must provide push and/or pull 2486 services of Commercial Garbage, Recyclable Materials, and Organic Waste on the 2487 Commercial Service Recipient’s Premises to a Commercial Service Unit at an 2488 additional cost as follows and at the Maximum Service Rates as set forth in Exhibit 2489 1. Contractor is under no obligation to provide Collection Services under the 422
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2490 following conditions unless Service Recipient has subscribed to “push” or similar 2491 service. If subscribed to by the Service Recipient, Contractor must provide push 2492 Collection Service on the same Workday that curbside Collection would otherwise 2493 be provided to the Commercial Service Unit. Contractor may offer “push” services 2494 where Garbage, Recyclable Materials, and Organic Waste Containers meet any of 2495 the following conditions:
2496 11.1.10.1 Driver must walk more than twenty (20) feet after dismounting the 2497 Collection Vehicle to access the Container and proceed to push, pull or 2498 otherwise move a Container more than twenty (20) feet to a serviceable 2499 location and return the Container to its storage location after Collection. 2500 11.1.10.2 Topography, steep driveways, below-grade dwellings, or limited 2501 access to public streets prevent driver standard access to Containers in 2502 their standard storage location.
2503 11.2 Commercial Garbage Collection Service. In addition to the provisions generally 2504 applicable to this Agreement, the following terms apply specifically to Commercial 2505 Garbage Collection Service:
2506 11.2.1 Conditions of Service. Contractor must provide Commercial Garbage 2507 Collection Service to all Commercial Service Units in the Service Area whose 2508 Garbage is properly containerized in Garbage Collection Containers, where the 2509 Garbage Collection Containers are accessible. The Maximum Service Rates for 2510 Contractor’s Commercial Garbage Collection Services are set forth in Exhibit 1. 2511 11.3 Commercial Recyclable Materials Service. In addition to the provisions generally 2512 applicable to this Agreement, the following terms apply specifically to Commercial 2513 Recyclable Materials Collection Service:
2514 11.3.1 Conditions of Service. Contractor shall provide Commercial Recyclable 2515 Materials Service to all Commercial Service Units in the Service Area whose 2516 Recyclable Materials are properly containerized in Recyclable Materials Collection 2517 Containers, except as set forth below, where the Recyclable Materials Collection 2518 Containers are accessible. The Maximum Service Rates for Contractor’s 2519 Commercial Recyclable Materials Services are set forth in Exhibit 1. Contractor 2520 will provide enough Collection Containers and at a Collection frequency to allow 2521 for any such Service Unit to utilize Recyclable Materials Collection Services to the 2522 extent that matches the Service Unit’s Recyclable Materials volume generation. 2523 Commercial Recyclable Materials Collection will occur Monday through Saturday 2524 upon request and as necessary. City shall provide Contractor a list, database, or 2525 other resource containing the names and addresses of Commercial Service Units 2526 that are approved by City for exemption from Recyclable Materials Collection. 423
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2527 11.3.2 Commercial Recyclable Materials Service Mandatory Subscription. All 2528 Commercial Service Recipients subscribing to Commercial Garbage Collection 2529 Service from the Contractor must receive weekly Collection of Recyclable 2530 Materials with a minimum of at least one 96-gallon Blue Recyclable Materials Cart 2531 per Service Recipient as part of the Mandatory Commercial Collection Service, 2532 capped at the Maximum Service Rates set forth in Exhibit 1. The actual 2533 configuration of Recyclable Materials Collection Container sizes to be provided will 2534 be based on the total equivalent volume and configured in a manner determined 2535 by the Service Recipient in consultation with Contractor, at Maximum Service rates 2536 set forth in Exhibit 1.
2537 11.4 Commercial Organic Waste Collection Service. In addition to the provisions 2538 generally applicable to this Agreement, the following terms apply specifically to 2539 Commercial Organic Waste Collection Service:
2540 11.4.1 Conditions of Service. Contractor shall provide Commercial Organic 2541 Waste Collection Service to all Commercial Service Units in the Service Area 2542 whose Organic Waste is properly containerized in Organic Collection Containers, 2543 where the Organic Waste Collection Containers are accessible. Contractor will 2544 charge for Collection of Organic Waste at the Maximum Service Rates specified in 2545 Exhibit 1. Contractor agrees that not all Service Units will elect to receive Organic 2546 Waste Collection Service in Carts, and that Contractor will provide Organic Waste 2547 Collection Bins upon request and as necessary. Contractor will provide enough 2548 Collection Containers and at a Collection frequency to allow for any such Service 2549 Unit to utilize Organic Waste Collection Services to the extent that matches the 2550 Service Unit’s Organic Waste volume generation. Commercial Organic Waste 2551 Collection will occur Monday through Saturday upon request and as necessary. 2552 City shall provide Contractor a list, database, or other resource containing the 2553 names and addresses of Commercial Service Units that are approved by City for 2554 exemption from Organic Waste Collection.
2555 11.4.2 Commercial Organic Waste Service Mandatory Subscription. All 2556 Commercial Service Recipients subscribing to Commercial Garbage Collection 2557 Service from the Contractor must receive weekly Collection of the equivalent 2558 volume of at least one (1) 32-gallon Organic Waste Cart per Service Recipient as 2559 part of the Mandatory Commercial Collection Service, capped at the Maximum 2560 Service Rates set forth in Exhibit 1. The actual configuration of Organic Waste 2561 Collection Container sizes to be provided will be based on the total equivalent 2562 volume and configured in a manner determined by the Service Recipient in 2563 consultation with Contractor, at Maximum Service Rates set forth in Exhibit 1. 424
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2564 Article 12. City Services
2565 12.1 City Collection Services.
2566 12.1.1 Contractor shall provide Garbage, Recyclable Materials, and Organic 2567 Waste Collection Services to all City Service Units set forth in Exhibit 3, or as City 2568 may designate in the future (and where applicable, subject to the conditions in this 2569 Section), where the Containers are not blocked and are accessible by Contractor’s 2570 Collection Vehicles. Collection Services to City Facilities Service shall be limited to 2571 the equivalent of 375 cubic yards of Collection capacity per week across all City 2572 Service Units. Should the City require an increase in service capacity, either 2573 through additional Service Units or increased Collection frequency to existing 2574 Service Units, such change shall be subject to Section 28.1. City may update 2575 Exhibit 3 as needed, as service needs change.
2576 12.1.2 Development Review. Contractor, upon City’s request, shall assist the 2577 City in the review of development project applicants’ plans for projects covered by 2578 Public Resources Code § 42911, including commercial and multi-family projects, 2579 to provide for effective and economical accumulation and Collection of Solid 2580 Waste.
2581 12.1.3 Abandoned Waste Notification. Contractor shall direct its Collection 2582 Vehicle drivers to note (i) the addresses of any premises at which the driver 2583 observes that Solid Waste is accumulating; and (ii) the address, or other location 2584 description, at which Solid Waste has been dumped in an apparently unauthorized 2585 manner. Contractor shall deliver the address or description to City within two (2) 2586 Workdays of such observation.
2587 12.1.4 Roll-Off Containers for Large-Scale City Clean-ups and Events. Upon 2588 request from City, and at no additional cost to City, Contractor shall provide Roll2589 Off Containers for large-scale City clean-ups and City-Sponsored Events, provided 2590 that City provides one week of advance notice to Contractor. Examples of large2591 scale City Clean-ups may include creek desilting events, clearance of materials 2592 left after clearing encampments, City-sponsored fire prevention clean-up events, 2593 City Facility move-out days, and other miscellaneous activities on City or public 2594 property that involve large quantities of debris. An example of a City-Sponsored 2595 Event is the annual Earth Day event. Contractor shall provide Carts, Bins and Roll2596 Off Containers, in the appropriate volume and combination for the individual clean2597 up or event, for an annual total volume, by Agreement Year, of up to 1,600 cubic 2598 yards (CY). Containers shall be delivered and picked up on the same day as each 2599 clean-up or event, to prevent unauthorized use of the Containers. Roll-Off 2600 Containers used for drop-off holiday tree Collection, as detailed in Section 9.3.3 2601 and 10.4.4 do not contribute to the total number of events included in this Section. 425
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2602 12.2 City Collection Conditions of Service. In addition to the provisions generally 2603 applicable to this Agreement, the following terms apply specifically to City Collection 2604 Service:
2605 12.2.1 Contractor’s Good Will. In exchange for the good will of the City and the 2606 general public, Contractor voluntarily agrees to provide Solid Waste Collection 2607 under this Article at no cost to the City, excepting excess service as provided in 2608 this Article. Contractor warrants that such service shall neither impact or be 2609 included in the Maximum Service Rates, nor shall the cost of providing such 2610 service be otherwise paid for or subsidized by any other Service Recipients. 2611 12.2.2 Contractor shall receive written permission from the City before placing 2612 any Collection Containers on City-owned property for service, except that no such 2613 permission shall be needed to place Collection Containers at locations specified 2614 for such Containers in Exhibit 3.
2615 12.2.3 Contractor shall limit the number of trips and the path of travel for 2616 Collection Vehicles in City parking lots.
2617 12.2.4 Container Service. City Facilities shall be provided Solid Waste 2618 Collection generally subject to the same terms and conditions as similar Service 2619 Units regarding Container specifications, repair, replacement, cleanings, and 2620 exchange, provided the City shall not be charged for any requests for such 2621 services.
2622 12.2.5 Frequency of Service. The frequency of Collection may be designated 2623 by the City, but not to exceed six (6) times per week per Container. City may 2624 change the City Service Units receiving service, and the Container volume and 2625 Collection frequency provided to any City Service Unit, by written notice to 2626 Contractor.
2627 12.2.6 Keys to City Facilities. City may issue Contractor sets of keys to facilitate 2628 access to City Service Unit sites. Contractor shall be responsible for the 2629 safekeeping of these keys, and shall pay for the replacement cost of keys if 2630 replacements are needed.
2631 12.2.7 Notification. The Contractor will notify the Agreement Administrator 2632 within one (1) Business Day, by e-mail, of all situations that prevent or hinder 2633 collection from any City Service Unit, unless otherwise directed by City. 426
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2634 Article 13. Temporary Bin and Roll-Off Container Service 2635 13.1 Temporary Bin and Roll-Off Container Placement Requirements. Placement of 2636 Containers in the City right-of-way can cause negative impacts to the neighborhood, 2637 including visibility and safety hazards to the public. The preferred placement location is 2638 on private property, such as the driveway. If the placement of Containers must be in the 2639 City right-of-way (in the street next to the curb), Contractor shall notify the Service 2640 Recipient that they may need an encroachment permit from the City prior to such 2641 placement. Contractor shall not place a Container in the City right-of-way without 2642 confirming proper permitting and requirements per West Sacramento Municipal Code 2643 Section 8.08.
2644 13.2 Temporary Bin and Roll-Off Container Service. Contractor may provide temporary 2645 Bin and Roll-Off Container service to Service Recipients. Contractor may offer temporary 2646 Bins in 1-, 1.5, 2-, 3-, 4-, and 6-cubic-yard sizes, and Contractor may offer temporary Roll2647 Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor shall deliver such Bin 2648 or Roll-Off Container within one (1) Business Day of requested delivery date. The size of 2649 the Container and the frequency of Collection will be determined between the Service 2650 Recipient and Contractor. All Bin and Roll-Off Containers must have a cover that is closed 2651 at all times, except when loading and unloading, per West Sacramento Municipal Code 2652 Section 8.08.110.
2653 13.3 On-Call and Monthly Roll-Off Container Service. Contractor may provide on-call 2654 and monthly Roll-Off Container service to Service Recipients. Contractor may offer on2655 call and monthly Roll-Off Containers in 10-, 20-, 30-, and 40-cubic-yard sizes. Contractor 2656 shall deliver such Roll-Off Container within two Business Days of requested delivery date. 2657 Contractor may also either provide Collection Service from Compactors that are owned 2658 by MFD or Commercial Service Units or provide Compactors for Commercial Service 2659 Units to use for Collection Service. The size of the Container and the frequency of 2660 Collection will be determined between the Service Recipient and Contractor. 2661 13.4 Large Generators, Contamination and Rejected Loads. There shall be a 2662 reasonable expectation for Contractor drivers to not haul Roll-Off Containers intended for 2663 Construction and Demolition materials with obvious Contamination, discerned via a visual 2664 audit upon providing service, that can be resolved onsite prior to hauling. Contractor shall 2665 make a Good Faith effort to support proper sorting of C&D onsite, including source2666 separation as applicable, labeling, instructions, and visual spot-checks. Contractor’s 2667 Sustainability Coordinator or other field representative shall visit five (5) C&D Roll-Off 2668 Service Recipients per month per Section 21.4.1.3, representing either (i) the largest 2669 projects or the Service Recipients with the greatest volume of service associated with the 2670 project, or (ii) projects with Roll-Off Container loads that are commonly rejected or 2671 otherwise reported as Contaminated. Contractor shall prioritize visiting C&D Roll-Off 2672 Service Recipients that have not received a visit from the Contractor within the last six (6) 427
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2673 months to ensure a diverse assortment of Service Recipients are provided applicable 2674 outreach and technical assistance throughout the Term. 2675 13.5 Hours of Collection. Temporary Bin and Roll Off Container Service must be 2676 provided commencing no earlier than 5:00 a.m., and terminating no later than 7:00 p.m., 2677 Monday through Saturday, except for Holidays. If the Commercial Collection Service is 2678 adjacent to SFD or MFD Premises, then Collection service will be provided no earlier than 2679 7:00 a.m. Monday through Friday and 8:00 a.m. on Saturday. The hours, day, or both of 2680 Collection may be extended due to extraordinary circumstances or conditions with the 2681 prior verbal or written consent of the Agreement Administrator. 2682 Article 14. Additional Services
2683 14.1 School Recycling Program. Contractor shall provide or subcontract to an 2684 environmental education firm a school recycling program that includes curriculum, on-site 2685 classroom visits, and technical assistance as detailed in the Education and Outreach Plan 2686 (Exhibit 10). Should this service be subcontracted, subcontractor shall specialize in K-12 2687 education in sustainability. Each school site shall be visited at least two (2) times annually, 2688 and the Contractor or subcontractor shall maintain a contact list and log of progress with 2689 each school site. Contractor shall report to the City any school site that declines a site 2690 visit or other associate support as part of Contractor’s annual reporting documentation, 2691 as described in Article 23. The School Recycling Program shall be specialized and 2692 targeted, and must be approved by the City. Progress on the School Recycling Program 2693 shall be included in the Contractor’s annual Agreement Year Reporting outlined in Section 2694 23.5.2.5.
2695 14.2 Greenhouse Gas (GHG) Emissions. Once each year during the term of the 2696 Agreement, Contractor shall provide to the City a carbon emissions inventory for 2697 operations in connection with performance of services under the Agreement, as well as a 2698 description of Contractor’s activities, both planned and implemented, to reduce its carbon 2699 footprint. The methodology by which Contractor will measure and track GHG Emissions 2700 is detailed in the Sustainability and Compliance Plan (Exhibit 9). The annual carbon 2701 emissions inventory will be provided as part of Contractor’s annual Agreement Year 2702 reporting outlined in Section 23.5.2.5.
2703 14.3 Support in Complying with SB 54. Contractor will, at no cost to the City, provide 2704 support to the City in complying with SB 54. Contractor support may include, but is not 2705 limited to, record-keeping, collection of data, waste stream sampling, and compilation of 2706 reports.
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2707 Article 15. Emergency Service
2708 15.1 Revised Services During an Emergency. In the event of a major storm, earthquake, 2709 fire, flood, tornado, other natural or man-made disaster, or other such emergency event 2710 (collectively “Emergency Event”), Contractor will continue to provide Solid Waste 2711 Collection to the maximum extent practicable, and in accordance with FEMA’s Public 2712 Assistance Debris Management Guide (FEMA-325). The Agreement Administrator may 2713 grant the Contractor a variance from regular routes and schedules, which will not be 2714 withheld unreasonably. As soon as practicable after such Emergency Event, Contractor 2715 must advise the Agreement Administrator when it is anticipated that normal routes and 2716 schedules can be resumed. The Agreement Administrator will try through the local news 2717 media to inform the public when regular services may be resumed. The clean-up from 2718 some Emergency Events may require that Contractor hire additional equipment, employ 2719 additional personnel, or work existing personnel on overtime hours to clean debris 2720 resulting from the event. If Contractor secures written authorization and approval from 2721 City through the Agreement Administrator, Contractor will receive additional 2722 compensation above the normal compensation contained in this Agreement to cover the 2723 costs of rental equipment, additional personnel, overtime hours, and other documented 2724 expenses based on the rates set forth in Exhibit 1. City will be given equal priority and 2725 access to resources as with other franchise jurisdictions held by Contractor or its affiliates. 2726 15.2 Emergency Event Planning. Within sixty (60) days from a request by City, 2727 Contractor shall prepare a draft Emergency Event plan that sets forth procedures for 2728 maintaining regular Collection service and Collection of debris following an Emergency 2729 Event and provide a framework for how the City will respond, clear, remove, and dispose 2730 of debris generated during a disaster. The Emergency Event plan shall address 2731 arrangements to provide needed vehicles and personnel, priorities for clean-up at critical 2732 facilities, and procedures for reimbursement for costs; it shall also describe 2733 communication plans, list key contact persons, and provide maps showing proposed sites 2734 for stockpiling of disaster debris that cannot be transported to the landfill. Contractor shall 2735 coordinate the plan with City’s Public Works Department. The draft plan shall be 2736 presented to the Agreement Administrator for consideration and approval. The final plan 2737 shall be distributed to those employees of Contractor and City who would have a role in 2738 implementing upon the occurrence of an Emergency Event. 2739 15.3 Emergency Event Recovery Support. In the event of an Emergency Event, 2740 Contractor agrees to provide recovery support upon request by Agreement Administrator. 2741 This may include additional hauling of debris, special handling such as wrapping waste 2742 in plastic (i.e., “burrito wrapping”), temporary storage of debris where feasible, additional 2743 disposal, use of different transfer and disposal facilities, and documentation of debris 2744 type, weight, and Diversion. Contractor should follow protocol laid out in the County’s 2745 Operational Area Mass Debris Management Plan (Annex to the Operational Area 429
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2746 Emergency Response Plan) and any subsequent County or City Disaster Debris Plans, 2747 as applied to Solid Waste hauling and handling.
2748 Article 16. Collection Routes
2749 16.1 Service Routes. Contractor must provide City with maps and digital mapping data 2750 precisely defining Collection routes, together with the days and the times at which 2751 Collection will regularly commence, on an annual basis as part of Agreement Year 2752 reporting detailed in Section 23.5.2.3 and upon City request. 2753 16.2 Service Routes Near Schools. Contractor agrees not to schedule Collection 2754 service within 500 feet of a school’s roadway frontage and/or driveways during either the 2755 school’s daily morning student arrival window(s) or the school’s daily afternoon student 2756 departure window(s).
2757 16.3 Initial Route Changes. Contractor agrees not to change any Residential Solid 2758 Waste Collection routes in effect as of the Effective Date of this Agreement prior to July 2759 1, 2028, except for limited route changes that may be necessary for new development 2760 and subject to review and approval by the City. After July 1, 2028, if any re-routing of 2761 Residential Solid Waste Collection is necessary for Collection efficiency, Contractor may 2762 submit to City, in writing, proposed route changes (including maps thereof) not less than 2763 sixty (60) calendar days prior to the proposed date of implementation. Any such initial 2764 routing change is subject to City review and approval, including City’s review and approval 2765 of all associated notification to the applicable Service Recipients. 2766 16.4 Future Service Route Changes. Contractor must submit to City, in writing, any 2767 proposed route change (including maps thereof) not less than sixty (60) calendar days 2768 prior to the proposed date of implementation. Contractor may not implement any route 2769 changes without the prior review and approval of the Agreement Administrator. If the 2770 change will change the Collection day for a Service Recipient, Contractor must notify 2771 those Service Recipients in writing of route changes not less than thirty (30) days before 2772 the proposed date of implementation. All associated notifications must be reviewed and 2773 approved by the Agreement Administrator.
2774 16.4.1 Route map updates as a result of annexation are detailed in Section 2775 8.3.1.
2776 16.5 Collection Route Audits. City reserves the right to conduct audits of Contractor’s 2777 Collection routes. Contractor must cooperate with City in connection therewith, including 2778 permitting City employees or agents designated by the Agreement Administrator to ride 2779 in the Collection Vehicles to conduct the audits. Contractor has no responsibility or liability 2780 for the salary, wages, benefits, or worker compensation claims of any person designated 2781 by the Agreement Administrator to conduct such audits. 430
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2782 Article 17. Collection Equipment
2783 17.1 General Provisions. All equipment used by Contractor in the performance of 2784 services under this Agreement must be of a high quality and meet all Federal, State, and 2785 local regulations and air quality standards, including all applicable provisions of Air Quality 2786 Management District. Collection Vehicles must be designed and operated so as to 2787 prevent Collected materials from escaping from the vehicles. Hoppers must be closed on 2788 top and on all sides with screening material to prevent Collected materials from leaking, 2789 blowing, or falling from the vehicles. All trucks and Containers must be watertight and 2790 must be operated so that liquids do not spill during Collection or in transit. 2791 17.2 Bulky Waste. Vehicles used for Collection of Bulky Waste may not use Compactor 2792 mechanisms or mechanical handling equipment that may damage reusable goods or 2793 release Freon or other gases from pressurized appliances. 2794 17.3 Support Vehicles. Contractor’s support vehicles for all sustainability and field staff 2795 (including coordinators, route supervisors, operations managers, etc.) must be hybrid 2796 electric vehicles, full electric vehicles, or utilize low-carbon (“alternative”) fuel, which must 2797 be renewable natural gas (RNG), liquefied natural gas (LNG), or CNG, unless otherwise 2798 pre-authorized by the City in writing.
2799 17.4 Collection Vehicles. Contractor must use Collection Vehicles as listed in the 2800 schedule included in Exhibit 7 and may not use any Collection Vehicle that is more than 2801 ten (10) years old during the Term of the Agreement. Contractor shall register all new 2802 Collection Vehicles under this Agreement to its local corporate yard address within the 2803 City. Collection Vehicles must utilize low carbon (“alternative”) fuel, which must be 2804 renewable natural gas (RNG), liquefied natural gas (LNG), CNG, or electric unless 2805 otherwise pre-authorized by the City in writing. If, during the Term of the Agreement, new 2806 technologies are available (such as hybrid or electric powered Collection Vehicles), the 2807 City or the Contractor may request/negotiate implementation of such new Collection 2808 Vehicles, with a corresponding change to the Maximum Service Rates to reflect additional 2809 cost or savings. During the Term, to the extent required by law, Contractor shall provide 2810 its Collection Vehicles to be in full compliance with all Applicable Laws, including State 2811 and Federal clean air requirements that are adopted or proposed to be adopted, including, 2812 but not limited to, the California Air Resources Board Heavy Duty Engine Standards as 2813 currently proposed to be contained in California Code of Regulations, Title 13, Sections 2814 2020 et seq., the California Air Resources Board Advanced Clean Fleets Regulation as 2815 outlined in California Code of Regulations, Title 13, Sections 2013 et seq., the Federal 2816 EPA’s Highway Diesel Fuel Sulfur regulations, and all other applicable air pollution control 2817 laws.
2818 17.4.1 Zero Emission Vehicle Technology Transition. City and Contractor shall 2819 proactively take such steps as are necessary to plan for, and upon City direction 431
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2820 execute, the transition of the Contractor’s Collection Vehicles to reliance on 2821 electricity or other zero emission technologies as a fuel source. Contractor shall 2822 report to the City no less than annually on the status of the transition. The City and 2823 Contractor shall, no less than annually, confer on the degree to which it is 2824 technologically and economically feasible to transition some or all Collection 2825 Vehicles to electricity or other zero emission technology. In determining whether it 2826 is economically feasible to transition Collection Vehicles per this Section, the City 2827 and Contractor shall review and evaluate Contractor’s current and historical 2828 finances and profitability. Upon a determination by the City that it is technologically 2829 and economically feasible to transition some or all Collection Vehicles to electricity 2830 or other zero emissions technology, Contractor shall proceed to purchase and 2831 operate such vehicles on a schedule mutually agreed to by Contractor and City, 2832 and subject to agreement regarding changes in Contractor’s Compensation that 2833 are reasonable and necessary for the transition. Contractor shall be entitled to a 2834 change in Contractor’s Compensation for construction of an electric charging or 2835 other fueling station, subject to the mutual agreement of the City and Contractor 2836 and approval of the City Council. Contractor will coordinate with the City in finding 2837 or constructing a suitable charging or other fueling station for Contractor’s electric 2838 or other zero emission Collection Vehicles.
2839 17.5 Collection Vehicle On-Board Technology. Contractor must use Collection Vehicles 2840 fitted with GPS tracking devices that can be used to record start and stop times, vehicle 2841 locations, and maximum speed. Contractor shall furnish to the City, at no additional cost 2842 or expense, any software and equipment necessary for City to track the location of 2843 Collection Vehicles in real time and to generate reports as needed. Collection Vehicles 2844 must also be fitted with cameras that are programmed to take photos, date and location 2845 stamped, to document violations, including Contamination, Overage, and lids not closed. 2846 GPS and camera data must be made available to City upon request. Failure of Contractor 2847 to make data or information available to City within fifteen (15) Workdays of a request 2848 may result in assessment of Administrative Charges and Penalties as specified in Exhibit 2849 5. City’s request for information shall serve as written notice of requirement to provide 2850 data. Should Contractor be unable to provide data within required timeframe, Contractor 2851 shall request an extension within five (5) Business Days of receipt of the City’s request 2852 detailing the basis for the extension. City shall not unreasonably deny request for such 2853 extension.
2854 17.6 Collection Vehicle Size Limitations / Overweight Vehicle Charge. Contractor may 2855 not use any Collection Vehicle in violation of weight limitations in Applicable Law, including 2856 any weight limitation placed on any public roadway or alley as adopted and posted by 2857 City. The Contractor may exceed the Collection Vehicle size limitation for a limited time 2858 due to extraordinary circumstances or conditions with the prior written consent of the 2859 Agreement Administrator. The limited time may not exceed 120 days. Contractor must 2860 report all instances of overweight vehicles to City as part of its monthly reporting described 432
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2861 in Section 23.4.2.5. Contractor may be assessed Administrative Charges and Penalties 2862 as specified in Exhibit 5. Prior to collecting Administrative Charges and Penalties for 2863 overweight vehicles, the City shall afford Contractor a reasonable opportunity to provide 2864 the Agreement Administrator with documentation of the extraordinary circumstance that 2865 caused the overweight vehicles. Extraordinary circumstances in this case may include, 2866 but are not limited to, heavy rains or high winds that caused excess Green Waste to be 2867 generated, rain to accumulate in open Collection Containers, or normal Collection routes 2868 to be delayed or shortened due to extreme weather conditions. The Agreement 2869 Administrator shall have authority to consider Contractor’s documentation and uphold and 2870 collect the assessed charge, to reduce the charge, or to waive and dismiss the charge. 2871 The Agreement Administrator shall also have the authority to waive charges in advance 2872 of an anticipated, or in response to an actual, emergency event. 2873 17.7 Registration; Inspection. All vehicles used by Contractor in providing Solid Waste 2874 Collection under this Agreement, except those vehicles used solely on Contractor’s 2875 Premises, are to be registered with the California Department of Motor Vehicles. In 2876 addition, each such vehicle must be inspected by the California Highway Patrol in 2877 accordance with Applicable Law. Within two (2) Workdays of a request from the 2878 Agreement Administrator, Contractor must provide City a copy of its vehicle maintenance 2879 log and any safety compliance report, including, but not limited to, any report issued under 2880 California Vehicle Code Sections 34500 and following, as well as the biennial “BIT” 2881 inspections conducted by the California Highway Patrol. 2882 17.8 Safety Markings. All Collection equipment used by Contractor must have 2883 appropriate safety markings including, but not limited to, highway lighting, flashing, and 2884 warning lights, clearance lights, and warning flags. All such safety markings must be in 2885 accordance with the requirements of the California Vehicle Code, as may be amended 2886 from time to time.
2887 17.9 Vehicle Signage and Painting. Collection Vehicles must be painted and numbered 2888 without repetition and must have Contractor's name, Contractor’s customer service 2889 telephone number, and the number of the vehicle painted in letters of contrasting color, 2890 at least four (4) inches high, on each side and the rear of each vehicle. No advertising is 2891 permitted other than the name of Contractor, its logo, and its registered service marks, 2892 except for promotional advertisement of the Recyclable Materials and Organic Waste 2893 programs, which is encouraged. City is to approve any promotional material of the 2894 Recyclable Materials and Organic Waste affixed to or painted on Contractor’s Collection 2895 Vehicles and may require such promotion to be utilized from time to time to encourage 2896 correct Recycling, reduce Contamination, and provide relevant education. Contractor 2897 must repaint all vehicles (including vehicle striping) during the Term of this Agreement on 2898 a frequency as necessary to maintain a positive public image, as reasonably determined 2899 by the Agreement Administrator, but not less often than once every five years. 433
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2900 17.10 Vehicle Certification. For each Collection Vehicle used in the performance of 2901 services under this Agreement, Contractor must obtain a certificate of compliance (smog 2902 check) issued pursuant to Part 5 of Division 26 of the California Health and Safety Code 2903 (Section 43000 and following) and regulations promulgated thereunder, and/or a safety 2904 compliance report issued pursuant to Division 14.8 of the California Vehicle Code (Section 2905 34500 and following) and the regulations promulgated thereunder, as applicable to the 2906 vehicle. Contractor must maintain copies of such certificates and reports and must make 2907 such certificates and reports available for inspection upon request by the Agreement 2908 Administrator.
2909 17.10.1 By July 1, 2027, Contractor must submit to the Agreement Administrator 2910 verification that each of the Contractor’s Collection Vehicles has passed the 2911 California Heavy Duty Vehicle Inspection. Thereafter, Contractor must cause each 2912 vehicle in Contractor’s Collection fleet to be tested annually in the California Heavy 2913 Duty Inspection Program and must, upon request, submit written verification to City 2914 within ten (10) Workdays of the completion of such test. Contractor may not use 2915 any vehicle that does not pass such inspection.
2916 17.11 Equipment Maintenance. Contractor must always maintain Collection equipment 2917 in a clean condition and in good repair. All parts and systems of the Collection equipment 2918 must operate properly and be maintained in a condition satisfactory to City. Contractor 2919 must wash all Collection Vehicles at least once a week. 2920 17.12 Maintenance Log. Contractor must maintain a maintenance log for all Collection 2921 Vehicles. The log must always be accessible to City by physical inspection upon request 2922 of Agreement Administrator, and must show, at a minimum, each vehicle’s Contractor2923 assigned identification number, date purchased or initially leased, dates of performance 2924 of routine maintenance, dates of performance of any additional maintenance, and 2925 description of additional maintenance performed.
2926 17.13 Equipment Inventory. On or before July 1, 2027, Contractor shall provide to City 2927 an inventory of Collection Vehicles and major equipment used by Contractor for Collection 2928 or transportation and performance of services under this Agreement. The inventory must 2929 indicate each Collection Vehicle by Contractor-assigned identification number, DMV 2930 license number, the age of the chassis and body, the type of fuel used, the type and 2931 capacity of each vehicle, the number of vehicles by type, the date of acquisition, the 2932 decibel rating, and the maintenance and rebuild status. Contractor must submit an 2933 updated inventory, either via email or via electronic document sharing site (e.g., Dropbox), 2934 to the Agreement Administrator, either annually or more often, at the request of the 2935 Agreement Administrator. Each inventory must also include the tare weight of each 2936 vehicle as determined by weighing at a certified scale used by Contractor. Each vehicle 2937 inventory must be accompanied by a certification signed by Contractor that all Collection 2938 Vehicles meet the requirements of this Agreement.
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2939 17.14 Reserve Equipment. Contractor shall have available to it, at all times, reserve 2940 Collection equipment which can be put into service and operation within one (1) hour of 2941 any breakdown. Such reserve equipment must correspond in size and capacity to the 2942 equipment used by the Contractor to perform the contractual duties. 2943 17.15 RNG Fuel Procurement Credits. Contractor agrees to coordinate and cooperate 2944 with the City to meet its Recovered Organic Waste Product procurement target, as 2945 defined in, and required by Applicable Law. In support of that objective, the City will 2946 receive any applicable SB 1383 Recovered Organic Waste Product procurement credits 2947 for all RNG used by the Contractor to power Contractor’s Collection Vehicles as allowed 2948 by the Applicable Law and within the time provided therein. 2949 Article 18. Contractor's Personnel
2950 18.1 Displaced Employees. Contractor shall offer employment to all qualified displaced 2951 employees of the City’s franchisee from the prior Exclusive Solid Waste Collection 2952 Agreement at pay and benefit rates meeting or exceeding prior amounts. Contractors 2953 must retain these displaced employees until such employees leave employment or are 2954 terminated for cause. Contractor shall make information about wage rates, benefits, and 2955 job classifications of employees available to the City prior to any subsequent procurement 2956 for Solid Waste Collection, no later than fifteen (15) days following a request from the City 2957 for such information.
2958 18.2 Personnel Requirements. Contractor shall assign only qualified personnel to 2959 perform all services required under this Agreement and shall be responsible for ensuring 2960 its employees comply with this Agreement and all Applicable Laws related to their 2961 employment and position. Contractor's employees, officers, agents, and subcontractors 2962 shall not identify themselves or in any way represent themselves as being employees or 2963 officials of City. City may request the transfer of any employee of Contractor who 2964 materially violates any provision of this Agreement, or who is wanton, negligent, or 2965 discourteous in the performance of their duties under this Agreement. 2966 18.3 Contract Manager (or Project Manager). Contractor shall designate a qualified 2967 employee to serve as its Contract Manager (or similar title) and must provide the name 2968 of that person in writing to City within thirty (30) days prior to the Commencement Date of 2969 this Agreement, and annually by July 1st of each subsequent Agreement Year of this 2970 Agreement, and any other time the person in that position changes. The Contract 2971 Manager shall serve as the City’s primary contact for the Collection Services under this 2972 Agreement and shall be the Contractor’s primary employee for monitoring and 2973 implementing compliance with this Agreement. The Contract Manager must be available 2974 to the City through the use of telecommunications equipment at all times that Contractor 2975 is providing Solid Waste Collection in the Service Area. The Contract Agreement Manager 435
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2976 must provide City with an emergency phone number where the Contract Manager can be 2977 reached outside of normal business hours.
2978 18.4 Service Supervisor (or General Manager). Contractor shall assign a qualified 2979 employee to serve as its Service Supervisor (or similar title), to be in charge of the 2980 Collection Service within the Service Area, and must provide the name of that person in 2981 writing to the Agreement Administrator on or before the Commencement Date, and 2982 thereafter annually before July 1st of each subsequent Agreement Year of the Term, and 2983 any other time Contractor changes the employee serving in that position. The Service 2984 Supervisor must be available to the Agreement Administrator through the use of 2985 telecommunication equipment at all times that Contractor is providing Solid Waste 2986 Collection. In the event the Service Supervisor is unavailable due to illness or vacation, 2987 Contractor must designate a substitute acceptable to the City who shall be available and 2988 shall have the authority to act in the same capacity as the Service Supervisor. 2989 18.5 Key Operations Staff. Contractor shall identify full-time Key Operations Staff, 2990 consisting at a minimum of: one (1) Route Supervisor (or similar title); one (1) Billing 2991 Manager (or similar title); and one (1) Customer Service Manager (or similar title), each 2992 at least 20% dedicated to the City. Each Key Operations Staff person will provide the 2993 following to City staff: email address, phone number, cell phone number, and office 2994 address.
2995 18.6 Sustainability/Compliance Staff (or Outreach Manager / Coordinator). In 2996 accordance with Section 21.1, Contractor shall provide full-time 2997 Sustainability/Compliance Staff, whose primary duties are dedicated to the City. 2998 18.7 Field Personnel. Contractor’s field operations personnel are required to wear a 2999 clean uniform shirt bearing Contractor’s name. Contractor’s employees who normally 3000 come into direct contact with the public, including drivers, must bear some means of 3001 individual photographic identification, such as a name tag or identification card. Each 3002 driver of a Collection Vehicle must at all times carry a valid California driver's license and 3003 all other required licenses for the type of vehicle that is being operated. 3004 18.8 Availability of Staff in Service Area. The Service Supervisor, Route Supervisor, or 3005 other designated substitute acceptable to the City must be capable of being physically 3006 located in the Service Area within thirty (30) minutes at any given time during the Workday 3007 to respond to Collection issues, respond to emergencies, or otherwise be available to 3008 field operations and/or City staff.
3009 18.9 Labor Certifications. Contractor certifies: (i) it is aware of the provisions of Section 3010 3700 of the California Labor Code that require every employer to be insured against 3011 liability for Workers' Compensation or to undertake self-insurance in accordance with the 3012 provisions of that Code; (ii) in the performance of the Services, Contractor shall not, in 436
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3013 any manner, employ any person or contract with any person such that any part of this 3014 Agreement is performed by such a person as would be subject to the workers' 3015 compensation laws of the State of California unless and until Contractor gives City a 3016 certificate of consent to self-insure or a certificate of Workers' Compensation Insurance 3017 Coverage; and (iii) in the event Contractor hires any subcontractor who has employees 3018 to perform any part thereof, then Contractor shall either require the subcontractor to 3019 obtain Workers' Compensation Insurance Coverage, or must obtain Workers' 3020 Compensation Insurance Coverage for the subcontractor's employees. Before 3021 commencing performance under this Agreement, Contractor shall provide to the City 3022 evidence of any Workers' Compensation Insurance Coverage required by or for this 3023 Agreement, and all such coverage shall be endorsed with a waiver of subrogation in favor 3024 of City for all work performed by Contractor, its employees, its agents, and its 3025 subcontractors.
3026 18.10 Subcontractors. Contractor shall not subcontract any portion of this Agreement 3027 without the prior written approval of the Agreement Administrator. Contractor is fully 3028 responsible to City for the performance of any and all subcontractors, if any, and shall 3029 require any subcontractors to maintain all applicable federal, state, and local licenses 3030 required for the work they are assigned to perform. Contractor shall require any 3031 subcontractors performing work in the City to enter into a written contract that requires 3032 such subcontractors to agree they are independent contractors and have no other agency 3033 relationship with City.
3034 CUSTOMER SERVICE, SUSTAINABILITY, AND DIVERSION
3035 Article 19. Customer Service Program and Complaint 3036 Resolution
3037 19.1 Contractor’s Office. Contractor shall maintain a business office that handles 3038 customer service inquiries via telephone and email. The office must have responsible 3039 persons in charge during Collection hours, and must be open during normal business 3040 hours (8:00 a.m. to 5:00 p.m. on Monday through Friday). Contractor shall also provide a 3041 drop box or other physical drop-off service at West Sacramento City Hall where Service 3042 Recipients may pay bills.
3043 19.2 Professionalism. Contractor shall use its best efforts to ensure that all employees 3044 present a neat appearance and conduct themselves in a courteous manner. Customer 3045 Service training shall include Service Recipient courtesy, shall prohibit the use of loud or 3046 profane language, and shall instruct Collection crews to perform the work quietly. 3047 19.3 Customer Service Call Center. Contractor must maintain a Customer Service call 3048 center within California. Such call center must be live and adequately staffed to meet the 437
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3049 performance standards laid out in Section 19.7 during normal business hours (8:00 a.m. 3050 to 5:00 p.m. on Monday through Friday).
3051 19.4 Emergency Contact. Contractor must provide the Agreement Administrator with an 3052 emergency phone number where the Contractor can be reached outside of the required 3053 office hours.
3054 19.5 Telephone. The Contractor shall maintain a toll-free telephone system during office 3055 hours via its call center. The Contractor shall develop a premiere queue for tracking and 3056 reporting West Sacramento-specific Customer calls. Customers must be able, with 3057 reasonable convenience, to reach the Contractor’s call center by phone during office 3058 hours. Calls received after normal business hours must be addressed the next Business 3059 Day morning.
3060 19.5.1 Multilingual/Telecommunications Device for the Deaf (TDD) Service. 3061 Contractor must always maintain the capability of responding to telephone calls in 3062 English, Spanish, Russian, and such other languages as City may direct. 3063 Contractor must always maintain the capability of responding to telephone calls 3064 through TDD Services.
3065 19.5.2 Phone Number(s). Contractor’s service and emergency telephone 3066 numbers must be accessible by a local (City) phone number or toll-free number. 3067 The service telephone number(s) must be listed in the area’s telephone directories 3068 under Contractor’s name in the White Pages, available through an online search, 3069 and listed on the Contractor’s website.
3070 19.6 Service Recipient Calls. During business hours, Contractor must maintain a 3071 telephone answering system capable of accepting at least five (5) incoming calls at one 3072 time. Contractor must record all calls, including any inquiries, service requests, or 3073 complaints, into a customer service log.
3074 19.6.1 Hold Period. After a two (2) minute hold period, Customers will be 3075 provided with a “call back” option. The “call back” option shall be provided between 3076 9:00 a.m. and 5:00 p.m. and will identify the approximate wait time. If the Customer 3077 chooses this “call back” feature, they will be called back in their current order and 3078 placed at the front of the queue for the next available Customer Service 3079 Representative. For all messages left before 3:00 p.m., all “call backs” must be 3080 attempted a minimum of one time prior to 5:00 p.m. on the day of the call. For 3081 messages left after 3:00 p.m., all “call backs” must be attempted a minimum of one 3082 time prior to noon the next Business Day.
3083 19.7 Performance Standards. Contractor shall be expected to meet the following 3084 performance standards, which are also included in Exhibit 5, relative to Customer Service:
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3085 19.7.1 Average Speed of Answer: Three (3) minutes or less 3086 19.7.2 Call Abandonment Rate: Below fifteen percent (15%) 3087 19.7.3 First Call Resolution Rate: Above ninety percent (90%) 3088 19.7.4 Initial Response to a Complaint: Within one (1) Business Day 3089 19.7.5 Resolution of a Complaint: Within three (3) Business Days 3090 19.7.6 Unachieved Performance Standards. Contractor shall report on the 3091 customer service performance standards in this Section 19.7 and in Exhibit 5 in 3092 accordance with the quarterly reporting requirements laid out in Section 23.4.2.1. 3093 If Contractor fails to meet the requirements of Section 19.7 in any given month, 3094 City and Contractor will meet and confer to discuss options for addressing 3095 inadequate service, including hiring additional CSRs. Penalties, as allowed for in 3096 Article 22 and listed in Exhibit 5, may be levied for Contractor’s failure to meet 3097 these customer service standards.
3098 19.7.7 Directing Calls to the City. Contractor shall not direct Customer calls to 3099 the City for information or resolution. Should Service Recipient concerns escalate 3100 to such a level that may impact or concern the City, Contractor shall confer with 3101 Agreement Administrator to cooperatively arrive at a solution. 3102 19.8 Customer Phone Number and Email Addresses. Contractor shall record and 3103 catalog all Customer phone numbers and email addresses alongside Customer names 3104 and mailing addresses, such that Contractor can more easily and quickly send out 3105 updates and announcements as needed. Contractor shall cooperate with City to send out 3106 via phone, text or email any service-related updates and announcements City may deem 3107 necessary, and Contractor shall make a list of Customer names paired with each 3108 Customer’s known phone number(s) and email addresses(s) available to City upon 3109 request.
3110 19.9 Customer Information. Contractor shall not market, sell, convey, donate, or 3111 disclose to any person or entity any list with the names, addresses, phone numbers, or 3112 email addresses of Customers or information regarding the composition or content of 3113 Customers’ waste unless required by Applicable Law, the City, or a court of competent 3114 jurisdiction.
3115 19.10 Service Inquiries and Complaints. All service inquiries and complaints will be 3116 directed to Contractor. A representative of Contractor must be available to receive the 3117 complaints during normal business hours. All service complaints will be handled by 3118 Contractor in a prompt and efficient manner. All cases must be addressed and resolved 439
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3119 within three (3) Workdays. In the case of a dispute between Contractor and a Service 3120 Recipient, the matter will be reviewed, and a decision made, by the Agreement 3121 Administrator. Reporting against the performance measure listed herein shall per reported 3122 on quarterly in accordance with Section 23.4.2.1.
3123 19.10.1 Record of Complaints. Contractor shall record in a separate log all 3124 Complaints, noting the name and address of Complainant, the date and time of 3125 Complaint, and the date of resolution of the Complaint. This Complaint log shall be 3126 retained by Contractor for seven (7) years. City shall reserve the right to examine 3127 and make copies of any portion of the Complaint log at any time. Customer service 3128 log must be submitted to the City on a quarterly basis in accordance with 23.4.2.8. 3129 19.10.2 Response to Complaints. Contractor shall respond to all Customer 3130 Complaints within one (1) Business Day.
3131 19.10.3 Complaint Escalation. Should a Customer have to call Contractor back 3132 more than once to have a Complaint resolved, Contractor shall escalate the 3133 Complaint and involve the CSR’s supervisor. Escalated complaints shall be 3134 resolved within two (2) Business Days.
3135 19.10.4 Missed Collections. For those Complaints related to missed Collections, 3136 where Containers are properly set out in a timely manner, that are received by 3137 12:00 p.m. (noon) on a Business Day, Contractor will return to the Service Unit 3138 address and Collect the missed materials before leaving the Service Area for the 3139 day. For those Complaints related to missed Collections that are received after 3140 12:00 p.m. (noon) on a Business Day, Contractor will have until the end of the 3141 following Workday to resolve the Complaint. If operationally feasible, Contractor 3142 will resolve missed pickups that were reported on Fridays after 12:00 p.m. (noon) 3143 by Collecting missed materials with available Commercial route personnel or 3144 supervisory staff that is performing Collection service on the Saturday following the 3145 Friday missed pickup.
3146 19.10.4.1 Contractor agrees that it is in the best interest of City that all 3147 Garbage, Recyclable Materials, and Organic Waste be Collected on the 3148 scheduled Collection day. Accordingly, missed Collections will normally be 3149 Collected as set forth above regardless of the reason that the Collection 3150 was missed. However, in the event a Service Recipient requests missed 3151 Collection service more than two (2) times in any consecutive two (2) month 3152 period, the Agreement Administrator will work with Contractor to determine 3153 an appropriate resolution to that situation. In the event Contractor believes 3154 any complaint to be without merit, Contractor will notify the Agreement 3155 Administrator by email. The Agreement Administrator will investigate all 3156 disputed complaints and render a decision.
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3157 Article 20. Diversion Requirements
3158 20.1 Warranties and Representations. Contractor warrants that it is aware of and 3159 familiar with City's waste stream, and that it has the ability, and shall use commercially 3160 reasonable efforts to provide and employ, sufficient programs and services to ensure City 3161 will meet or exceed City’s Diversion goals and requirements (including, without limitation, 3162 amounts of Solid Waste to be Diverted, timeframes for Diversion, and any other 3163 requirements) as set forth in this Article, Applicable Law, and CalRecycle Regulations, 3164 and that Contractor will do so without imposing any costs or fees other than those set 3165 forth in Exhibit 1. Contractor hereby agrees to assist the City to meet or exceed, on an 3166 annual basis, the Diversion Compliance, by undertaking the actions set forth in Section 3167 20.3. Where the Diversion Compliance is modified by a Change in Law, Contractor agrees 3168 to develop and implement such actions, programs, and measures as are necessary to 3169 bring City into compliance with the modified Diversion Compliance, and City agrees that 3170 it will meet and confer with Contractor for a period not to exceed ninety (90) days 3171 regarding such actions, programs, and measures, their implementation, and adjustments 3172 to rates reasonably necessary to effectuate same in accordance with Section 28.2. 3173 Contactor understands and agrees that meeting or exceeding Diversion goals and 3174 requirements is a fundamental purpose of this Agreement and that actions by Contractor, 3175 of failures to act, that frustrate this purpose would be a material breach of this Agreement. 3176 20.1.1 City’s Diversion Goals. The City's commitment to the Diversion of waste 3177 and to compliance with State law requires the establishment of programs for waste 3178 reduction, Diversion, Recycling, and salvaging residential, commercial, 3179 construction and demolition materials. Through this Agreement, the City has a goal 3180 to establish thirty-five percent (35%) Diversion in Agreement Year 1 and increase 3181 Diversion by nine percent (9%) over the course of the Term. 3182 20.2 Contractor’s Diversion Guarantee. Contractor shall fully implement the 3183 Sustainability and Compliance Plan (Exhibit 9), the Education and Outreach Plan (Exhibit 3184 10), and the Contamination Reduction Plan (Exhibit 11) in order to meet the Diversion 3185 Guarantee as follows.
3186 20.2.1 Agreement Year 1 shall be considered a transition year, and Contractor 3187 shall not be held responsible to meet a Diversion Guarantee, such that all efforts 3188 can be focused on implementing all programs associated with this Agreement. 3189 20.2.2 In Agreement Year 2, Contractor shall be responsible for Diverting from 3190 Disposal at least thirty-six percent (36%) of all materials the Contractor Collects 3191 from all services under the provisions of the Collection Agreement, starting July 1, 3192 2028.
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3193 20.2.3 Thereafter, the diversion requirement shall increase annually by one 3194 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%
10 July 1, 2036 – June 30, 2037 44%
3195 20.2.4 Extensions. Should the City and Contractor extend the Term of the 3196 Agreement as outlined in Section 2.2. the City and the Contractor shall reassess 3197 the Diversion Guarantee and mutually agree upon an updated Diversion 3198 Guarantee applicable to the extended Term.
3199 20.2.5 Diversion Guarantee Calculation. For purposes of determining if 3200 Contractor achieves Contractor’s Diversion Guarantee, the annual Diversion rate 3201 will be calculated using the following formula: "(the tons of materials collected by 3202 Contractor from the provision of Collection Services, both exclusive and non3203 exclusive, in City that are sold or delivered to a recycler or re-user, net of all 3204 Residue), divided by (the total tons of materials collected by Contractor from the 3205 provision of Collection Services in City, both exclusive and non-exclusive), 3206 illustrated as follows:
3207 (Tons of Recyclable Materials Collected, net of Residue) + 3208 (Tons of Organic Waste Collected, net of Residue) + 3209 (Tons of Construction and Demolition Debris Collected, net of Residue) + 3210 (Bulky Waste Collected, net of Residue)
3211 (Total tons of materials Collected by the Contractor) 3212 20.3 Contractor Required Actions. Contractor shall take all of the following actions to 3213 assist the City in meeting, on an annual basis, Diversion Compliance:
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3214 20.3.1 Except for Organic Waste Collected from homeless encampments or 3215 material subject to quarantine by the California Department of Food & Agriculture, 3216 and except as provided in Section 5.5.4 and Section 5.12, Collect and deliver all 3217 Organic Waste to the Organic Waste Processing Facility for processing and 3218 Diversion.
3219 20.3.2 Except as provided in Section 5.5.4 and Section 5.12, Collect and deliver 3220 all Recyclable Materials to the Materials Recovery Facility for processing and 3221 Diversion.
3222 20.3.3 Except as provided in Section 5.5.4, Collect and deliver all Garbage to 3223 the Disposal Facility. All other material must go to the appropriate facility for full 3224 processing and Diversion.
3225 20.3.4 Collect and deliver all Construction and Demolition Debris to the 3226 Construction and Demolition Debris Processing Facility identified in Exhibit 8. 3227 20.3.5 Contractor must take all commercially reasonable and lawful actions to 3228 maximize Diversion of materials from landfills.
3229 20.3.6 Contractor must develop and provide sufficient accurate information and 3230 data as necessary to ensure that Contractor and City annually demonstrate 3231 Diversion Compliance to CalRecycle.
3232 20.3.7 Contractor must implement public education and outreach programs as 3233 required under this Agreement.
3234 20.4 Annual Agreement Year Reporting. Contractor shall calculate the Diversion 3235 Compliance and Diversion Guarantee rates on an annual basis and shall deliver a written 3236 report regarding the same to the City no later than August 31st of the year following the 3237 reporting period as set forth in Section 23.5.2.10. Should Contractor fail to achieve the 3238 Diversion Guarantee, Contractor shall propose program enhancements, in accordance 3239 with Section 23.5.2.10.
3240 20.5 Failure of Recyclables Market. Notwithstanding any other provision of this 3241 Agreement to the contrary, where CalRecycle has determined that there are no 3242 commercially viable markets for a specific type of Recyclable Materials, or with written 3243 notice to City, Contractor is unable to identify a market for one or more Recyclable 3244 Materials despite the exercise of commercially reasonable efforts to process and market 3245 the material, and determines to Dispose of the Recyclable Material(s), such a 3246 determination shall not constitute a failure to implement service, a failure to implement a 3247 program, or an event of default hereunder.
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3248 20.6 Failure to Meet Diversion Rate.
3249 20.6.1 CalRecycle Compliance. If CalRecycle determines that City has failed 3250 to meet the Diversion Compliance due to Contractor’s failure to undertake the 3251 actions described in this Section, Contractor must prepare, at Contractor’s cost 3252 and expense, and submit a corrective action plan to City sufficient to 3253 demonstrate Good Faith efforts by City to comply with Diversion Compliance and 3254 that is otherwise acceptable to CalRecycle. Contractor must also submit a written 3255 corrective action plan to the City before September 15 of the year following the 3256 missed minimum Diversion requirement. Contractor’s corrective action plan must 3257 specify all actions Contractor will take to ensure it will meet Diversion 3258 Compliance in the future and shall be subject to the review and approval by the 3259 Agreement Administrator. Contractor must implement all measures identified in 3260 the corrective action plan at its sole cost and expense, unless the failure to meet 3261 Diversion Compliance was due to a Change in Law or due to the negligent acts 3262 or omissions of the City. If Contractor fails to submit an adequate corrective 3263 action plan or to fully implement a City-approved corrective action plan, it shall 3264 subject Contractor to Administrative Charges and Penalties as allowed under 3265 Article 29 and specified in Exhibit 5 in addition to any other remedies available to 3266 the City.
3267 20.6.2 Contractor’s Diversion Guarantee. Contractor has committed to 3268 fulfilling all obligations under this Agreement to achieve the Diversion Guarantee. 3269 Services, programs and terms under this Agreement that have been established 3270 to achieve the Diversion Guarantee include the following:
3271  Bundled SFD Service (Sections 9.1.2 and 9.1.3)
3272  Mandatory Service (Sections 1.69, 10.1.2, and 11.1.3) 3273  Contamination and Overage Program (Section 5.12) 3274  Reuse Protocol (Section 9.4.5 and 10.4.8)
3275  School Recycling Program (Section 14.1
3276  Contract staffing requirements (Section Article 18 3277  Technical Assistance (Section 21.4.1)
3278  Education and Outreach Materials (Section 21.4.2) 3279 20.6.2.1 Through ongoing reporting per Article 23, Contractor shall report 3280 on the status of Diversion Guarantee as well as all implementation 3281 measures associated with Diversion Guarantee, as listed in Section 20.6.2. 3282 Failure to fully implement the programs listed in Section 20.6.2 shall subject 444
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3283 Contractor to Administrative Charges and Penalties as allowed under Article 3284 29 and specified in Exhibit 5.
3285 20.6.2.2 Should Annual Agreement Year Reporting show that the 3286 Contractor failed to achieve the Diversion Guarantee, Contractor shall 3287 propose targeted program enhancements to drive successful achievement 3288 of the Diversion Guarantee in the subsequent Agreement Year. Such 3289 enhancements shall be specific, measurable and transparent as they 3290 relate to the programs listed under Section 20.6.2, or other program areas 3291 that the Contractor believes can be modified to better drive diversion. All 3292 enhancements and program reconfigurations considered in this section 3293 shall fall within the scope of this Agreement, without incurring costs that 3294 would impact the Maximum Service Rates. Contractor shall not implement 3295 new Diversion programs not described in this Agreement without the City’s 3296 prior consent.
3297 20.6.2.3 Changes in Scope to Achieve Diversion Guarantee. If 3298 Contractor fails to achieve the Diversion Guarantee in any Agreement 3299 Year or consecutive Agreement Years, City and/or Contractor may elect to 3300 propose a change in scope to achieve the Diversion Guarantee, per 3301 Section 20.9 and Section 28.1.
3302 20.6.2.4 Adjustment to Diversion Guarantee. If Contractor fails to 3303 achieve the Diversion Guarantee in three consecutive Agreement Years 3304 and the Contractor demonstrates that the shortfall is caused by conditions 3305 outside the Contractor’s reasonable control and the provisions of Sections 3306 20.6.2 and 20.6.2.2 have not resulted in any increase to the Contractor’s 3307 Diversion Guarantee, the parties shall meet and confer to establish a new 3308 Diversion Guarantee that is more reflective of current market realities. 3309 20.6.3 Contractor’s failure to meet the minimum diversion requirements of 3310 Contractor’s Diversion Guarantee set forth in Section 20.2 for two or more 3311 consecutive Agreement Years caused by conditions within the Contractor’s 3312 reasonable control may result in the denial of a Term extension (per Section 2.2). 3313 20.7 Mutual Cooperation. City and Contractor shall each reasonably cooperate in Good 3314 Faith with all efforts of the other Party to meet City's Diversion requirements under 3315 Applicable Law and the Contractor’s obligations under this Article. City's obligations in 3316 this regard shall include, without limitation, making such petitions and applications as may 3317 be reasonably requested by Contractor for time extensions in meeting Diversion goals, or 3318 other exceptions from the terms of Applicable Laws, and to agree to authorize such 3319 changes to Contractor’s Recyclable Materials, Organic Waste, or Garbage programs as 445
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3320 may be reasonably requested by Contractor in order to achieve the minimum 3321 requirements of this Article.
3322 20.8 Contractor’s Diversion Programs. Contractor shall implement the Diversion 3323 programs required under this Agreement to ensure that City and Contractor comply with 3324 all Diversion requirements under Applicable Law and the City meets or exceeds all 3325 minimum Diversion requirements under Applicable Law. Contractor shall furthermore, at 3326 its sole cost and expense, (1) assist the City in responding to inquiries from, or prepare 3327 for and attend any hearing before, CalRecycle or any other regulatory agency relating to 3328 the City’s compliance with Applicable Law; prepare for and participate in CalRecycle’s 3329 review of the City's SRRE; apply for any extension available under Applicable Law; 3330 develop and implement a public awareness and education program consistent with the 3331 City's SRRE and Household Hazardous Waste Element and any related requirements of 3332 Applicable Law; (2) provide the City with Recycling, source reduction, and other technical 3333 assistance as may be needed to comply with Applicable Law; and (3) advise the City of 3334 additional programs or measures Contractor can, if authorized by the City, implement to 3335 increase compliance with the Diversion requirements of Applicable Law. 3336 20.9 Nothing contained herein shall prohibit Contractor from meeting its Diversion 3337 requirements by any alternative methods or procedures, provided it complies with 3338 Applicable Law, as may be amended from time to time. Contractor’s ability to meet its 3339 Diversion requirements by alternative methods per this Section is subject to Agreement 3340 Administrator review and approval.
3341 Article 21. Sustainability, Outreach, and Compliance 3342 21.1 Sustainability/Compliance Representative. Contractor will hire staff, including at 3343 least one full-time Sustainability/Compliance Representative dedicated one hundred 3344 percent (100%) to this Agreement as of the Commencement Date, to conduct site visits 3345 and provide outreach and education in support of meeting City and CalRecycle Diversion 3346 requirements and to meet State mandates associated with Applicable Law and all 3347 amendments and related subsequent legislation. The Sustainability/Compliance 3348 Representative shall be available as needed to meet with the City and conduct site visits 3349 to implement Recyclable Materials and Organic Waste programs in the Service Area at 3350 least four days a week throughout the year, excluding vacations and Holidays as 3351 applicable.
3352 21.2 Adopted Plans to Support Diversion. Contractor shall provide services in 3353 accordance with the Sustainability and Compliance Plan (Exhibit 9), Education and 3354 Outreach Plan (Exhibit 10), and Contamination Reduction Plan (Exhibit 11). 3355 21.2.1 Annual Plan Updates. Contractor, at its own expense, must prepare, 3356 submit, and implement an annual (Agreement Year) update (“Plan Update”) for the 446
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3357 following three plans: Sustainability and Compliance Plan (Exhibit 9), Education 3358 and Outreach Plan (Exhibit 10) and Contamination Reduction Plan (Exhibit 11). 3359 The Plan Update will guide Contractor’s related efforts for that Agreement Year. 3360 Contractor must submit the first draft Plan Update to the City prior to the 3361 Commencement Date and by May 1st each year thereafter for the Term of the 3362 Agreement. City shall review and provide revisions to draft Plan Update within 3363 thirty (30) days of receipt. City shall review, provide comments, and be given 3364 approval authority for all education and outreach materials. Contractor must revise 3365 and submit final Plan Update to City by June 15, 2027, for first year and then by 3366 June 15 each year thereafter for the Term of the Agreement. 3367 21.3 Sustainability and Compliance Plan. Contractor shall provide services in 3368 accordance with the Sustainability and Compliance Plan (Exhibit 9), updated annually 3369 according to the Plan Update. The Sustainability and Compliance Plan includes measures 3370 to meet Diversion targets, increased Diversion, and increased participation of Service 3371 Recipients in Recyclable Materials and Organic Waste Diversion programs. The following 3372 shall be included in the Sustainability and Compliance Plan and annual Plan Updates. 3373 21.3.1 Facilitating City’s implementation of its Climate Action and Adaptation 3374 Plan (CAAP). Contractor must document how it will support the City’s goal of 3375 creating a waste-free city, including expanding Organic Waste Collection and 3376 Recyclable Materials Collection in the Commercial and MFD sectors, increasing 3377 Diversion per the Agreement, reducing unnecessary material consumption via 3378 outreach, and assisting in general with CAAP goals and actions. 3379 21.3.2 Tracking GHG Emissions. Contractor must document how it will track, 3380 monitor, and report on emissions per Section 14.2. The reporting of emissions and 3381 associated implementation plans shall be included in the annual reporting process 3382 laid out in Article 23.
3383 21.3.3 Reducing Fleet Impacts and Wear and Tear on Streets. Contractor shall 3384 detail: (i) optimization of routes, (ii) new or anticipated impacts related to City 3385 streets, (iii) ZEV fleet planning, and (iv) vehicle miles traveled to processing and 3386 disposal facilities, as well as any updates related to path of travel. 3387 21.3.4 Approach to Meeting City’s Diversion Requirements. Contractor must 3388 document approach to meeting City’s Diversion requirements by specific Diversion 3389 program type (SFD, MFD, Commercial, Recyclable Material, Organic Waste, Bulky 3390 Waste, etc.) and must be tied to both specific and public education programs. This 3391 must include an implementation schedule showing the specific programs and 3392 tasks, milestones, and timeframes for meeting the Diversion requirements. 3393 21.3.5 Compliance Reviews.
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3394 21.3.5.1 General Requirement. At least once annually, beginning in 2027, 3395 Contractor shall review the records of its Commercial and MFD Customers 3396 in City according to the following subsections:
3397 21.3.5.2 AB 1826 Compliance - Customers that are subscribed 3398 for at least two (2) cubic yards per week of combined Solid Waste, 3399 Organic Materials, and Recyclables service: Review records to 3400 determine whether such Customers are subscribed to Organic 3401 Waste Collection service or have an applicable waiver. Contractor 3402 shall include the results of each Compliance Review as part of its 3403 Annual Calendar Year Report per Section 23.7.2.
3404 21.3.5.3 AB 341 Compliance - Customers that are subscribed 3405 to at least four (4) cubic yards per week of combined Solid Waste, 3406 Organic Materials, and Recyclables service: Review records to 3407 determine whether such Customers are subscribed to Recyclable 3408 Materials Collection service or have an applicable waiver. 3409 Contractor shall include the results of each Compliance Review as 3410 part of its Annual Calendar Year Report per Section 23.7.2. 3411 21.3.5.4 Compliance Notices. Contractor shall send SB 1383, AB 341, and 3412 AB 1826 compliance notices annually to all eligible Commercial entities and 3413 MFDs that do not subscribe to Organic Waste and/or Recyclable Materials 3414 Collection Service with the Contractor and/or do not provide an alternate 3415 method for Diverting Organic Waste or Recyclable Materials, in 3416 conformance with Applicable Law. These notices shall also notify 3417 businesses of requirements under AB 827. Contractor shall mail 3418 notifications annually on or before the last day of February. 3419 21.3.5.5 Site Visit Requirement for Non-Compliance. Contractor shall 3420 conduct a site visit to each Commercial and MFD Customer in City that is 3421 determined to (a) not be enrolled in 3-Container Collection service, and (b) 3422 not be eligible for a waiver based on the City determination. Contractor shall 3423 conduct in-person site visits (i.e., direct Customer contact) to provide 3424 educational material about the law’s requirements to Commercial and MFD 3425 Customers, as further detailed in Section 21.4.1.1. Contractor shall support 3426 the Customer’s regulatory compliance through these site visits, and work 3427 collaboratively with the City to support the City’s enforcement as 3428 appropriate.
3429 21.3.6 Environmental Stewardship. Contractor must describe all environmental 3430 management policies and activities related to the Solid Waste Collection service, 3431 including adhering to the City's adopted Climate Action and Adaptation Plan, use 448
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3432 of Alternative Fuel Vehicles, reduction of air emissions and wear and tear on the 3433 City’s streets, use of recycled products throughout operations, internal waste 3434 reduction and reuse protocol, water and resource conservation activities within 3435 facilities (design, construction and operation), compliance with laws governing E3436 Waste, HHW, and U-Waste, and use of non-toxic products when possible. 3437 21.3.7 Employee Sustainability Practices. Contractor shall detail how it 3438 motivates its employees, including route personnel, around waste diversion, 3439 importance of proper sorting, and environmental stewardship. 3440 21.4 Education and Outreach Plan. Contractor shall provide services in accordance with 3441 the Education and Outreach Plan (Exhibit 10). The Education and Outreach Plan shall 3442 include specific steps designed to increase Diversion, increase participation in the 3443 Diversion programs available through this Agreement, and address “problem areas” such 3444 as Contamination. Planned outreach and education services and outreach materials 3445 should be included as part of the Plan Update and updated annually, and new outreach 3446 materials shall not be circulated to the public without City review and approval. Targets of 3447 outreach shall be based on local trends, Recycling patterns, and Organic Waste sorting 3448 behavior from data obtained by both the City and Contractor. Contractor will maintain 3449 current and state-of-the-art public outreach and education services throughout the Term 3450 of this Agreement including providing outreach materials to Service Recipients 3451 electronically (via email and social media).
3452 21.4.1 Technical Assistance.
3453 21.4.1.1 Site Visits. Contractor shall provide comprehensive technical 3454 assistance to MFD and Commercial Customers with the primary purpose of 3455 helping Customers increase Recyclable Materials and Organic Waste 3456 Collection services and reducing Garbage Collection Service. All 3457 Commercial and MFD Customers in the City shall receive a site visit from 3458 Contractor to affirm proper sorting procedures and sizing of Containers at 3459 least once every five (5) years. Additional minimum site visits are detailed 3460 in the table in Section 21.4.1.3.
3461 Site visits shall include on-site assessments of the MFD and Commercial 3462 Premises to improve Recyclable Materials and Organic Waste Collection 3463 program participation and provide recommendations to Customers on how 3464 to improve overall resource efficiency. During the site visits, Contractor will 3465 be required to verify Garbage, Recyclable Materials and Organic Waste 3466 Containers onsite as compared to Contractor account records, check on the 3467 cleanliness and functionality of the Containers, verify accurate account 3468 contact information, recommend right-sizing for all Solid Waste service 3469 levels, identify Contamination, and conduct visual audit of indoor containers 449
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3470 and sorting methodologies. Further, Contractor will be required to provide 3471 and/or restock posters, “how to” guides, and any other appropriate 3472 materials, and to provide new signage for the Garbage, Recyclable 3473 Materials and Organic Waste Containers if necessary. This program shall 3474 also involve preparation and presentation of reports to the City on the 3475 Contractor’s efforts and results of the technical assistance efforts, including 3476 entering site visit details and documentation into the City’s reporting 3477 software, in accordance with the City’s SB 1383 recordkeeping practices. 3478 21.4.1.2 Comprehensive Waste Analyses. In addition to the site visits, 3479 Contractor shall annually identify ten (10) Service Recipients that generate 3480 over 20 cubic yards of Garbage weekly to whom to provide in-depth support 3481 and guidance over the course of several weeks and/or months, as 3482 applicable. These in-depth analyses will involve greater ongoing support 3483 and an expectation of meaningful service level changes that result in 3484 increased Diversion and the Service Unit level. Detailed components of the 3485 comprehensive waste analyses are as follows:
3486  Visual Waste Audit: Contractor will perform a visual review of all 3487 Containers at service location and identify approximate 3488 Contamination of each waste stream.
3489  Service Level Recommendations: Based on the visual waste audit, 3490 Contractor will suggest alternative service levels that would increase 3491 Diversion and help reduce Contamination. Contractor will involve 3492 appropriate operations staff as applicable to ensure service level 3493 changes are implementable and departmentally coordinated. 3494  Implementation: Contractor shall work with on-site staff to support 3495 access to internal sorting containers, affix signage to internal and 3496 external containers, educate employees, tenants, residents and/or 3497 janitorial staff, and make additional suggestions for the ongoing 3498 improvement of waste sorting. This work shall be performed over a 3499 series of site visits and other touch points with the Service Recipient. 3500  Memo Report: Contractor will develop a simple memo report 3501 identifying starting service levels, interventions and education 3502 implemented, and service level at the end of the technical 3503 assistance. Report will also note any significant successes or 3504 challenges encountered during the term of the technical assistance. 3505 Report will be provided to the Customer as well as the City, as noted 3506 in Section 23.5.2.5. Details and documentation shall also be entered 3507 into the City’s reporting software.
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3508 21.4.1.3 Minimum Actions. The technical assistance services shall 3509 conform with the following performance expectations. Note that all site visits 3510 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
→ 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)
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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)
3511 21.4.2 Education and Outreach Materials. Contractor must implement public 3512 education and outreach in conformance with Applicable Law and in coordination 3513 with City. Contractor shall attend up to ten (10) public events and host booths to 3514 promote Recycling and Organic Waste education and awareness. This total of ten 3515 (10) public events does not include any events or related education provided in 3516 direct support of an MFD Service Unit. Contractor will work with City to identify 3517 which special events will be attended. Contractor, together with City, shall work 3518 with local media to ensure information on new programs, events, Recyclable 3519 Materials, Organic Waste, etc., is communicated to the community. Contractor 3520 shall use a variety of options, such as local paper, news, websites, and social 3521 media, as well as in-person visits to Homeowners Associations, schools, and civic 3522 groups to distribute information and education about City Solid Waste and 3523 Recyclable Materials programs and events. In terms of social media and websites, 3524 Contractor shall make their best effort to share information through platforms that 3525 are commonly used and culturally relevant, including platforms that are known to 3526 reach younger populations and Spanish- and Russian-speaking populations. 3527 Examples may include, but are not limited to, Instagram, WhatsApp, NextDoor, 3528 and TikTok. All educational and outreach materials shall be available in English, 3529 Spanish, and Russian, and City may direct some or all materials to also be 3530 produced in other languages to be determined.
3531 21.4.2.1 Contractor shall not charge the City for the inclusion of 3532 educational or other materials included in the Contractor’s regular Customer 3533 billing invoices.
3534 21.4.2.2 Quarterly Newsletters. Contractor shall distribute educational 3535 material to SFD Service Recipients a minimum of once a Quarter by mail 3536 and electronically. These materials should include tips on Recycling 3537 properly, use of Organic Waste Containers, Composting, battery and 3538 electronics education, prevention of Contamination issues, proper 3539 Collection Container placement, resource information, HHW education, 3540 Clean-Up Collection Service, and other programs offered by the Contractor. 3541 Contractor shall also distribute these same educational materials to all MFD 3542 residents, provided that City provides Contractor with a list of contact 3543 information for these residents.
3544 21.4.2.3 Available Services Notice and Information. At least annually, 3545 Contractor must publish and distribute (by mail and electronically) a notice 452
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3546 to all Service Units, as appropriate and applicable to Service Unit type, 3547 regarding the full range of services offered. The notice must be available in 3548 English, Spanish, and Russian, and must be distributed by Contractor no 3549 later than December 1st of each year. If the Service Recipient has separate 3550 billing and service location contact information, the notice shall be sent (by 3551 mail and electronically) to both contacts. The notice must contain, at a 3552 minimum, (i) descriptions of the materials to be Collected; (ii) procedures 3553 for setting out materials; (iii) the scheduled Collection days Garbage, 3554 Recyclable Materials, and Organic Waste Services (iv) Contractor’s 3555 customer service phone number; (v) instructions on the proper filling of 3556 Containers; (vi) instructions as to what materials may or may not be placed 3557 in Recyclable Materials or Organic Waste Containers; (vii) how to select 3558 Container sizes to maximize Diversion; (viii) information about participation 3559 in Recyclable Materials and Organic Waste programs; (ix) the fees for 3560 Overage and Contamination in the event of non-compliance; (x) the 3561 availability of on-premises Collection Services, including the availability of 3562 no-charge on-premises Solid Waste Collection for qualified persons with 3563 physical limitations or senior citizens, defined as 65 years of age or older; 3564 (xi) the availability of Bulky Waste Services; (xii) the availability of On-Call 3565 HHW Collection; and (xiii) the availability of Kitchen Food Waste Pails or 3566 alternative internal sorting container made available by the Contractor. 3567 21.4.2.4 Annual Information. Contractor shall provide the following to all 3568 its Customers under the Agreement annually. Contractor shall also provide 3569 the following to all MFD Dwelling Units within MFD Service Units. 3570  Information on the Customer’s requirements to properly separate 3571 materials in appropriate Containers.
3572  Information on methods for: the prevention of Organic Materials 3573 generation, managing Organic Materials on-site, sending Organic 3574 Materials to community Composting, and any other local 3575 requirements regarding Organic Materials.
3576  Information regarding the methane reduction benefits of reducing the 3577 landfill Disposal of Organic Materials, and the methods of Organic 3578 Materials recovery contemplated by the Agreement.
3579  Information regarding how to recover Organic Materials. 3580  Information related to public health and safety, and environmental 3581 impacts associated with the landfill Disposal of Organic Materials. 3582  The above information will be provided, at a minimum, through print 3583 and/or electronic media, and may also be provided through 3584 workshops, meetings, and/or on-site visits. All information that SB 453
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3585 1383 requires the City to distribute shall be posted on Contractor’s 3586 website.
3587  Contractor shall provide an educational webpage which includes 3588 downloadable copies of all the materials described in this Section. 3589 21.4.2.5 Outreach Regarding Recyclability of Materials. Contractor shall 3590 create, maintain and distribute at minimum one (1) piece of educational 3591 material that addresses:
3592  The foundational role that commodities markets and transportation 3593 costs play in current Recycling systems.
3594  The importance of keeping recyclables empty, clean, and dry. 3595  A list of materials that are accepted in Recyclable Materials 3596 Containers.
3597 21.4.2.6 Outreach Regarding Organic Waste. Contractor shall also create 3598 and maintain at minimum one (1) piece of educational material that 3599 addresses:
3600  The Organic Waste stream standards of the local transfer and 3601 processing facilities that receive City Organic Waste. 3602  The related importance of keeping prohibited materials out of the 3603 City’s Organic Waste stream.
3604  The potential end uses of Compost depending on the material’s 3605 quality and levels of Contamination.
3606 21.4.3 City-Specific Website. Contractor shall maintain a City-specific website 3607 that fully explains the Contractor’s current services and rates and the Diversion 3608 options available, and that allows Service Recipients to submit service changes, 3609 inquiries, complaints, or queries. The website must describe and promote the use 3610 of the available Recyclable Materials and Organic Waste services. Contractor’s 3611 local website must provide information specific to the City’s programs. Contractor 3612 will ensure that information provided on the website is maintained and up to date, 3613 updating content at least quarterly. Content will include proper Container set out 3614 instructions, educational materials, newsletters, and program descriptions. 3615 Website content shall be in English with translations into Spanish and Russian 3616 and/or other languages to be determined. Contractor shall also make website 3617 contents accessible to people with disabilities, in accordance with U.S. Department 3618 of Justice RIN 1190-AA79, no later than April 26, 2028. 454
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3619 21.4.3.1 In addition to the website, Contractor shall provide and maintain 3620 a mobile application (app) available on all major platforms. The app must 3621 include, at minimum, collection calendars, service scheduling, and secure 3622 payment options.
3623 21.4.4 Recycling and Organics Resources. Contractor shall maintain an 3624 accurate list of Recyclable Materials and Organic Waste on its website and 3625 promote proper Recycling and management of Organic Waste to all Service 3626 Recipients. Contractor shall consult, collaborate, and coordinate its Recycling and 3627 Diversion outreach and educational materials and activities with the City and 3628 incorporate the City’s input on the Contractor’s related resources and programs. 3629 21.4.5 News Media Relations. Contractor will work with local media to ensure 3630 information is communicated to community (new programs, events, Recycling 3631 information, etc.). Contractor to use options such as local newspaper, radio/TV 3632 news outlets, websites, electronic billboards and social media.. 3633 21.4.6 News Media Requests. Contractor will notify the Agreement 3634 Administrator by email or phone of all requests for news media interviews related 3635 to the services covered under this Agreement within one (1) Workday of 3636 Contractor’s receipt of the request. When practicable, before responding to any 3637 inquiries involving controversial issues or any issues likely to affect participation or 3638 Service Recipient’s perception of services, Contractor will discuss Contractor’s 3639 proposed response with the Agreement Administrator. 3640 21.4.6.1 Copies of draft news releases or proposed trade journal articles 3641 that use the name of City or relate to the services provided hereunder must 3642 be submitted to the Agreement Administrator for prior review and approval 3643 at least five (5) Business Days in advance of release, except where 3644 Contractor is required by any Applicable Law to submit materials to any 3645 regulatory agency in a shorter period of time, in which case Contractor must 3646 submit such materials to City simultaneously with Contractor’s submittal to 3647 such regulatory agency.
3648 21.4.6.2 Copies of articles resulting from media interviews or news 3649 releases that use the name of City or relate to the services provided 3650 hereunder must be provided to the City within five (5) days after publication. 3651 21.4.7 Acceptable Materials Labeling. Contractor must affix to each Recyclable 3652 Materials and Organic Waste Collection Container a sticker that is compliant with 3653 SB 1383 labeling requirements and approved by the City, in accordance with 3654 Collection Container specifications in Exhibit 4. Each sticker shall clearly list 3655 Acceptable materials to be placed in the corresponding Container, and each sticker 455
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3656 shall also include a QR code and/or web address that links to the Recycling 3657 education landing page within the Contractor’s City-specific website for the City. 3658 Stickers must be replaced when wear and tear inhibits clarity or cleanliness or 3659 upon change in the list of Acceptable materials (Exhibit 13). 3660 21.4.8 Programs and Services. Contractor must provide additional educational 3661 and outreach services and programs as requested by City. City has the right to 3662 procure the service of other vendors or contractors to provide the requested 3663 service.
3664 21.5 Contamination Reduction Plan. Contractor shall provide services in accordance 3665 with the Contamination Reduction Plan (Exhibit 11). The Contamination Reduction Plan 3666 shall include the following:
3667 21.5.1 Customer Education. Contractor shall outline what specific outreach and 3668 education efforts will be used to correct Contamination issues. This may include 3669 phone calls, site visits, text messages, app notifications, Cart/Bin tags, letters, etc. 3670 To the extent these materials are detailed within the Outreach and Education Plan, 3671 the Contamination Reduction Plan may merely reference those components and 3672 detail the process by which those resources will be utilized. 3673 21.5.2 Bagged Recyclables and Organic Waste. Contractor shall build and 3674 implement a targeted program to correct Contamination relative to bagged 3675 Recyclable Materials and Organic Waste. Such program shall be hands-on and 3676 shall provide Customers the information and resources needed to improve sorting. 3677 Contractor shall work to swiftly fix any ongoing bagged Recyclable Materials or 3678 Organic Waste concerns, so that more Contractor capacity will be available to 3679 target other Contamination issues.
3680 21.5.2.1 City understands that for many Materials Recovery Facilities, 3681 bagged Recyclable Materials are a significant issue. While bagged 3682 Recyclables are a significant issue, bagged Recyclables shall not be the 3683 primary subject of the Contamination Reduction Plan beyond the targeted 3684 program described in this Section.
3685 21.5.3 Contamination Monitoring Plan. Contractor shall detail its method by 3686 which it will perform ongoing Contamination monitoring in such a manner that 3687 encourages proper sorting behavior, in compliance with Section 5.12. Contractor 3688 shall detail the role of technology as well as the role of personnel, including route 3689 personnel, customer service, sustainability, and any corporate support not directly 3690 associated with this Agreement (such as staff monitoring route photos/footage). 3691 21.5.4 Route Reviews.
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3692 21.5.4.1 General Requirement. At least once annually, beginning in 2027, 3693 Contractor or its approved designee shall conduct a Route Review for each 3694 Hauler Route. The number of Containers to review per Hauler Route shall 3695 be calculated on the basis of the number of Garbage accounts provided 3696 service by a specific Hauler Route for one week. For example, “Route A” 3697 collects Garbage from 250 accounts, 4 days per week, for a total of 1,000 3698 accounts per week; include a minimum of 25 accounts for Route Review of 3699 “Route A”. For each Route Review of a Hauler Route, Contractor shall 3700 inspect at least the following minimum number of Containers but may 3701 inspect more if City deems necessary; and shall inspect all Containers 3702 placed for Collection (including Recyclable Materials Containers, Organic 3703 Waste Containers, and Garbage Containers). Each inspection shall involve 3704 lifting the Container lid and observing the contents but shall not require 3705 Contractor to disturb the contents or open any bags. Contractor may select 3706 the Containers to be inspected at random, or (if mutually agreed with City) 3707 by any other method not prohibited under the SB 1383 Regulations. For the 3708 avoidance of doubt, Contractor shall not be required to annually inspect 3709 every Container on a Hauler Route. Contractor shall include the results of 3710 each Route Review in its next regularly scheduled report to City. Reporting 3711 related to this Section shall be provided in accordance with Section 3712 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
3713 21.5.4.2 Notice of Contamination. Contamination noticing will follow the 3714 procedures described in Section 5.12
3715 21.5.5 Positive Feedback. Contractor shall detail how it will utilize positive 3716 feedback and acknowledgement of proper sorting as a component of its 3717 Contamination Reduction Plan.
3718 RECORDKEEPING AND REPORTING
3719 Article 22. Minimum Performance Standards
3720 22.1 Billing Audit and Performance Reviews.
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3721 22.1.1 Contractor Shall Review its Billings to all Customers. The purpose of the 3722 review is to determine that the amount which the Contractor is billing each 3723 Customer is correct regarding the level of service (i.e., frequency of Collection, 3724 size of Container, location of Container) at the Maximum Service Rates set forth in 3725 Exhibit 1. The Contractor shall review Customer accounts annually and provide a 3726 written certification to the City that all such billing is correct as part of the 3727 Agreement Year Reports detail in Section 23.5.2.4. The documentation of the 3728 review, as well as verification that any errors have been corrected, should be 3729 provided to the City annually.
3730 22.1.2 Billing Audit and Performance Reviews. City may conduct billing audit 3731 and performance reviews (together, “reviews”) of Contractor’s performance during 3732 the Term of this Agreement, as provided herein. City may conduct two (2) full 3733 reviews, with payment to City as stated in Section 22.1.2.1 below, during the Initial 3734 Term of this Agreement. The purpose of these full reviews will be as described in 3735 Section 22.1.2.2 below.
3736 22.1.2.1 Selection and Cost. The reviews will be performed by the City or 3737 a qualified firm under contract with the City. City will have the final 3738 responsibility for the selection of the firm. City may conduct reviews at any 3739 time during the Term of the Agreement. Contractor shall pay the City’s costs 3740 for the performance review, up to $85,000 per review. The payment amount 3741 shall increase annually by the RRI Adjustment Calculation in Section 6.3. 3742 22.1.2.2 Purpose. The reviews will be designed to verify: that Customer 3743 billing rates have been properly calculated and correspond to the level of 3744 service received by the Customer, that Contractor is correctly billing for all 3745 services provided, that Franchise Fees and other fees required under this 3746 Agreement have been properly calculated and paid to City, that Contractor 3747 is in compliance with the reporting requirements and performance 3748 standards of this Agreement, the Diversion percentages reported by 3749 Contractor, and any other provisions of the Agreement. City (or its 3750 designated consultant) may utilize a variety of methods in the execution of 3751 this review, including, but not limited to, analysis of relevant documents, on3752 site and field observations, and interviews. City (or its designated 3753 consultant) will review and document the items in the Agreement that can 3754 be objectively evaluated, including those that require Contractor to meet 3755 specific performance standards, submit information or reports, perform 3756 additional services, or document operating procedures. This information will 3757 be documented and be formatted in a “compliance checklist”, with 3758 supporting documentation and findings tracked for each of the identified 3759 items. The review will specifically include a determination of Contractor’s 3760 compliance with the Diversion requirements of Article 20 and the public 458
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3761 outreach and education requirements of Article 21. City (or its designated 3762 consultant) may review the Customer service functions and structure 3763 utilized by Contractor. This may include Contractor’s protocol for addressing 3764 Customer complaints and service interruption procedures. Complaint logs 3765 may be reviewed, along with procedures and systems for tracking and 3766 addressing complaints. On-site and field observations by City (or its 3767 designated consultant) may include, but are not necessarily limited to:
3768  Interviews and discussions with Contractor’s administration and 3769 management personnel.
3770  Review and observation of Contractor’s Customer service functions 3771 and structure.
3772  Review of public education and outreach materials. 3773  Interviews and discussions with Contractor’s financial and 3774 accounting personnel.
3775  Interviews with route dispatchers, field supervisors, and managers. 3776  Interviews with route drivers.
3777  Interviews with vehicle maintenance staff and observation of 3778 maintenance practices.
3779  Review of on-route Collection Services, including observation of 3780 driver performance and Collection productivity and visual inspection 3781 of residential routes before and after Collection to evaluate cart 3782 placement and cleanliness of streets.
3783 22.1.2.3 Contractor’s Cooperation. Contractor shall cooperate fully with 3784 the review and provide all requested data, including operational data, 3785 financial data, and other data reasonably requested by City within fifteen 3786 (15) Workdays of the request. Failure to submit data by the due date may 3787 result in assessment of Administrative Charges and Penalties as specified 3788 in Exhibit 5.
3789 22.1.3 Additional Billing Audit and Performance Review. In the event that the 3790 Billing Audit and Performance Review concludes that Contractor is not in 3791 compliance with all terms and conditions of this Agreement and such non3792 compliance is material, Contractor is subject to Administrative Charges and 3793 Penalties as described in Exhibit 5 as well as reimbursement to the City for the full 3794 cost of the audit plus any underpayments discovered during the Audit. Additionally, 3795 City may conduct an Additional Billing Audit and Performance Review, beyond the 3796 two (2) specified in Section 22.1.2, to ensure that Contractor has cured any such 3797 area of non-compliance. Contractor will be responsible for the cost of any such 459
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3798 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 3799 3800 thereafter). For the purposes of a determination of non-compliance under this 3801 Agreement, Audit findings which result in underpayments of $100,000 (over any 3802 period of time during the Term) or more shall be deemed material. These payment 3803 amounts shall increase annually by the RRI Adjustment Calculation in Section 6.3. 3804 22.1.4 City Requested Program Review. City reserves the right to require 3805 Contractor to periodically conduct reviews of the Garbage, Recyclable Materials, 3806 and Organic Waste Collection Service programs, provided that such reviews are 3807 reasonable and can be accomplished at no additional cost to Contractor and 3808 without interfering with Contractor’s operations. Such reviews could assess one or 3809 more of the following performance indicators: average volume of Recyclable 3810 Materials per set-out per Customer, average volume of Organic Waste per set-out 3811 per Customer, participation level, Contamination levels, etc. Prior to the program 3812 evaluation review, City and Contractor will meet and discuss the purpose of the 3813 review and agree on the method, scope, and data to be provided by Contractor. 3814 Failure of Contractor to submit requested data or information to City within fifteen 3815 (15) Workdays of a request may result in assessment of Administrative Charges 3816 and Penalties as specified in Exhibit 5.
3817 22.2 Cooperation with Other Program Reviews. Contractor shall cooperate with City 3818 and/or its agent(s) as reasonably requested to collect program data, perform field work, 3819 conduct route audits to investigate Customer participation levels and set-out volumes, 3820 and/or evaluate and monitor program results related to Garbage, Recyclable Materials, 3821 and Organic Waste Collected in City by Contractor, provided that such cooperation can 3822 be accomplished at no additional cost to Contractor and without interfering with 3823 Contractor’s operations. Failure of Contractor to submit requested data or information to 3824 City within fifteen (15) Workdays of a request may result in assessment of Administrative 3825 Charges and Penalties as specified in Exhibit 5.
3826 Article 23. Record Keeping and Reporting Requirements 3827 23.1 Record Keeping. Notwithstanding Article 24 herein:
3828 23.1.1 Accounting Records. Contractor must maintain full, complete, and 3829 separate financial, statistical, and accounting records pertaining to cash, billing, 3830 and provisions of all Collection Services, prepared on an accrual basis in 3831 accordance with generally accepted accounting principles. Such records will be 3832 subject to audit, copy, and inspection for the purposes set forth in Section 22.1.2.2. 3833 Gross Revenues derived from provision of the Collection Services, whether such 3834 services are performed by Contractor or by a subcontractor or subcontractors, will 3835 be recorded as revenues in the accounts of Contractor. The Contractor shall keep 460
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3836 and preserve, during the Term of this Agreement, and for a period of not less than 3837 five (5) years following expiration or other termination hereof, full, complete, and 3838 accurate records, including all cash, billing, and disposal records, as indicated in 3839 the Agreement.
3840 23.1.1.1 City reserves the right to request audited, reviewed, or compiled 3841 financial statements prepared by an independent Certified Public 3842 Accountant, including any associated footnotes, or as may be provided by 3843 Contractor or its parent company. In the event that Contractor does not 3844 maintain separate financial or accounting records prepared specifically for 3845 services provided under this Agreement, Contractor may use industry 3846 standard allocation methods to provide financial information as applicable 3847 to the service provided under this Agreement. Failure of Contractor to 3848 provide requested financial statements to City within fifteen (15) Business 3849 Days of a request may result in assessment of Administrative Charges and 3850 Penalties as specified in Exhibit 5.
3851 23.1.2 Agreement Materials Records. Contractor must maintain records of the 3852 quantities of (i) SFD, MFD, Commercial and City Services Solid Waste Collected 3853 and Disposed under the terms of this Agreement, (ii) Recyclable Materials, by type, 3854 Collected, purchased, processed, sold, donated, or given for no compensation 3855 under the terms of this Agreement, and (iii) Organic Waste by type, Collected, 3856 purchased, processed, sold, donated, or given for no compensation under the 3857 terms of this Agreement. Records must be provided to City as specified in Article 3858 24, and upon additional request.
3859 23.1.3 Customer Service Records. Records related to the following shall be 3860 maintained by Contractor for City, and reported in accordance with 23.4.2.1 and 3861 23.4.2.9:
3862 23.1.3.1 Number of calls;
3863 23.1.3.2 Average speed of answer (ASA);
3864 23.1.3.3 Categories (Missed Collection, Complaints, damage, etc.) of 3865 calls;
3866 23.1.3.4 Complaint log as described in Section 19.10.1; and, 3867 23.1.3.5 New Customer log.
3868 23.1.4 Other Records. Contractor must maintain all other records reasonably 3869 related to provision of Collection Services, whether or not specified in this 461
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3870 Agreement, and provide them upon City request. Failure of Contractor to submit 3871 requested records to City within fifteen (15) Business Days of a request may result 3872 in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 3873 23.1.5 Failure to Report. The refusal of Contractor to file any of the reports 3874 required in the timelines required, or the inclusion of any materially false or 3875 misleading statement or representation made knowingly by Contractor in such 3876 report, shall be deemed a material breach of this Agreement and shall subject 3877 Contractor to all remedies, legal or equitable, which are available to City under this 3878 Agreement or otherwise.
3879 23.1.6 Report Format. All reports are to be submitted in a form and format 3880 approved by the City, including electronic data submission. 3881 23.1.7 Reporting Due Date. If a reporting due date as described in this Article 3882 falls on a day that City is closed or on a Holiday, then the report will be due on the 3883 next Business Day. Failure to submit complete reporting by the due date may result 3884 in assessment of Administrative Charges and Penalties as specified in Exhibit 5. 3885 23.1.8 Reporting Software. Contractor shall use City’s reporting software upon 3886 request, as directed by the Agreement Administrator. 3887 23.2 Vehicle GPS and Camera Data. Upon City’s request, Contractor shall make 3888 available stored vehicle GPS and on-board camera data for City’s review. 3889 23.3 Monthly Reporting.
3890 23.3.1 General. Monthly reports must be submitted no later than 5 p.m. Pacific 3891 Time (PT) on the last day of the month following the end of the reporting month, 3892 and must be provided electronically using software acceptable to the City. 3893 23.3.2 City Reports. Monthly reports to City must include:
3894 23.3.2.1 Listing of all Service Recipient accounts, including the following 3895 information:
3896 • Contact Information: Service Recipient name, service address, 3897 billing address, phone number, email address.
3898 • Service Subscription: Material stream (Garbage, Recyclable 3899 Materials, and Organic Waste) Container quantity, volume, and 3900 Collection frequency of pick-up, including scheduled service days 3901 and applicable service codes, total weekly volume by material 462
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3902 type, account number, route number, permanent/temporary 3903 container, Service Unit type (SFD, MFD, COM, City), and MFD 3904 unit counts.
3905 23.3.2.2 MFD and Commercial Service Unit Access Concerns. Listing of 3906 all Collection location challenges, Service Recipient coordination, and 3907 resolutions per Section 10.1.9 and Section 11.1.9. 3908 23.3.2.3 Public Education, Outreach and Technical Assistance Activities. 3909 Contractor shall report on all public education, sustainability and 3910 compliance activities undertaken during the period, including but not limited 3911 to the following:
3912  Education and outreach conducted;
3913  Public event participation and community events hosted; 3914  Compliance notices mailed;
3915  Site visits and waste audits completed;
3916  Information distributed, and media used, including distribution of 3917 bill inserts;
3918  Non-Collection Notices distributed; and
3919  Other technical assistance and public education activities 3920 related to the provision of Collection Services.
3921 23.4 Quarterly Reporting.
3922 23.4.1 General. Quarterly reports must be submitted no later than 5 p.m. Pacific 3923 Time (PT) on the last day of the month following the end of the reporting Quarter, 3924 and must be provided electronically using software acceptable to the City. 3925 23.4.2 City Reports. Quarterly reports to City must include:
3926 23.4.2.1 Performance Standards. A detailed accounting of each Quarter’s 3927 performance relative to the Performance Standards listed in Exhibit 5 for 3928 which Quarterly reporting is indicated.
3929 23.4.2.2 Agreement Tonnage. Contractor must provide Tonnage of 3930 Garbage, Recyclable Materials, Organic Waste, and Construction and 3931 Demolition Debris Collected and processed for Diversion, as well as 3932 associated net residue by waste stream, broken down by Container type. 3933 Quantities should be broken down by SFD, MFD, Commercial, and City 3934 Services.
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3935 23.4.2.3 Collection and Subscription Data.
3936 • The number of SFD, MFD, Commercial, and City Service Unit 3937 accounts.
3938 • The number of Collection Containers distributed by size and 3939 Service Unit type.
3940 • The number of contracted Collections for that Quarter 3941 (Collections that were scheduled to take place), and number of 3942 actual Collections completed during that month (Collections that 3943 took place, not including non-collections or missed Collections). 3944 • The average participation rates by Quarter relative to the total 3945 number of Service Units by Service Unit type. Indicate the 3946 average daily number of setouts by route for both (i) Recyclable 3947 Materials Containers and (ii) Organic Waste Containers in terms 3948 of weekly set-out counts.
3949 23.4.2.4 Diversion Calculation and Data. To illustrate progress toward the 3950 Diversion Guarantee, which is assessed on an annual Agreement Year 3951 basis, per Article 20 and reported per Section 23.5.2.10, Contractor must 3952 deliver to City, in the format specified by City, the Quarter’s Diversion rate, 3953 as calculated in accordance with the provisions of Article 20. Any tonnages 3954 Diverted and Disposed from large venues and events during the reporting 3955 period will be counted towards the calculated Diversion rate. 3956 23.4.2.5 Overweight Vehicle Reporting. The Quarterly report must include 3957 a summary total of all instances of overweight Collection Vehicles for the 3958 reporting Quarter. This summary must include the number of overweight 3959 vehicles, detailed by the amount overweight each in each instance. 3960 23.4.2.6 Non-Collection. The Quarterly report must include a list of all Non3961 Collection occurrences that took place during that Quarter. It must include 3962 the full list of Service Units that experienced Non-Collection, indicate the 3963 date of and reason for each Non-Collection incident, and indicate whether 3964 a Non-Collection Notice was issued, and in what format it was issued. 3965 23.4.2.7 Contamination Reporting. To the extent required by Applicable 3966 Law, the Quarterly report must include a summary of all instances of 3967 qualifying Contamination under the procedures in Section 5.12.5. This 3968 summary must include the following:
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3969  The total number of accounts where Contamination occurred; 3970  The total number of Contamination Corrective Action Notices and 3971 Non-Collection Notices issued by Contractor to Service Recipients; 3972  A list of accounts that were issued Contamination Corrective Action 3973 Notices or Non-Collection Notices, including which type of notice was 3974 issued and through what methodology (cart tag, mail, email, text, 3975 etc.);
3976  Updated templates or sample for all communication collateral utilized 3977 for Contamination noticing, as applicable (Contamination Corrective 3978 Action Notices or Non-Collection Notices via cart tag, mail, email, 3979 text, etc.);
3980  The number of Containers in which the contents were Disposed due 3981 to observation of Contaminants; and
3982  A list of accounts that were charged Contamination fees, and a list of 3983 accounts where Collection Container size or Collection frequency 3984 was increased specifically due to Contamination.
3985  Further, within twenty (20) Business Days of request by City, 3986 Contractor will provide copies of the Contamination Corrective Action 3987 Notices and Non-Collection Notices and the digital documentation of 3988 Contamination.
3989  Contractor shall also provide a summary of Contamination 3990 occurrences at City Facilities (despite inapplicability of Section 3991 5.12.5 to City Facility Service Units).
3992 23.4.2.8 Overage Reporting. The Quarterly report must include a 3993 summary of all instances of qualifying Overages under the procedures in 3994 Section 5.12.6. This summary must include the total number of accounts 3995 where Overage occurred, a list of accounts that were charged Overage 3996 fees, and a list of accounts where Collection Container size or Collection 3997 frequency was increased specifically due to Overage. Contractor shall also 3998 provide a summary of Overage occurrences at City Facilities (despite 3999 inapplicability of Section 5.12.6 to City Facility Service Units). 4000 23.4.2.9 Customer Service Log. A copy of the customer service log, per 4001 Section 19.10.1, including a summary of the type and number of complaints 4002 and their resolution, including the time, date and manner in which the 4003 complaint was resolved. Include copies of a written record of all calls related 4004 to missed Collections and resolution to such calls. 465
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4005 23.4.2.10 SB 1383 Organics Collection Compliance. Reports to City on 4006 Customers discovered to be out of compliance with the SB 1383 4007 Regulations, including a list of the Customers, the type of violation (including 4008 not donating Edible Food, not providing Containers for Customer use, and 4009 other compliance violations), actions taken to educate those Customers, 4010 and contact information for those Customers. Such reports shall be 4011 provided Quarterly or as required by City.
4012 23.4.2.11 Stolen, Lost or Destroyed Container Replacements. A copy of the 4013 Quarterly log of Containers replaced due to being stolen or damaged 4014 beyond repair through the fault of the Contractor and through no fault of the 4015 Contractor, in accordance with Sections 5.8.4 and 5.8.5. 4016 23.4.2.12 Property Damage or Injury. Indicate instances of property 4017 damage or injury caused by Contractor to Service Recipients during the 4018 reporting Quarter.
4019 23.4.2.13 Details of Programs Utilized. The Quarterly report must include a 4020 list of all the waste Diversion and reduction programs, including On-Call 4021 HHW Collection, as well as other Solid Waste Collections programs, utilized 4022 by Service Recipients, with the number of residents per program indicated 4023 when known. The program details shall include at least the following 4024 information for the reporting Quarter:
4025  Kitchen Food Waste Pails: The number of Kitchen Food Waste Pails 4026 distributed to residents within the Quarter.
4027  SFD Clean-Up Collection Service: (i) The number of SFD Clean-Up 4028 Collection Service provided, (ii) the number of Bulky Items Collected, 4029 (iii) the number of individual items Collected, (iv) the weight of all 4030 textiles Collected, and (v) the weights or quantities of Bulky Items, 4031 individual items, and textiles donated, Recycled or Disposed. 4032  MFD Bulky Waste Collection Service: (i) The number of Bulky Waste 4033 Collection Services performed, (ii) The number of Bulky Items 4034 Collected, and (iii) the weights of Bulky Items donated, Recycled or 4035 Disposed.
4036  On-Call HHW Collection: (i) The number of On-Call HHW Collection 4037 services provided, (ii) Service Recipient addresses for which the 4038 service was provided, (iii) Service Recipient addresses where 4039 service has been scheduled but not yet provided, and (iv) materials 4040 collected by type, quantified in both number and weight. 466
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4041  Battery Collection: (i) The number of scheduled battery Collections, 4042 (ii) the number of batteries set out without first scheduling service, 4043 and (iii) total pounds of batteries Collected.
4044 23.5 Annual Agreement Year Reporting.
4045 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 4046 thereafter 4047 for the previous Agreement Year. Annual Agreement reports must be provided 4048 electronically using software acceptable to the City. 4049 23.5.2 City Reports. Annual Agreement Year reports to City must include:
4050 23.5.2.1 Financial Statements. Contractor must submit annual financial 4051 statements for the local operation. Statements need not be reviewed or 4052 audited statements.
4053 23.5.2.2 Annual Performance Bond Renewal. Contractor must provide 4054 evidence of Performance Bond renewal per Section 25.1.1.3. 4055 23.5.2.3 Service Route and Mapping Data. Contractor must provide an 4056 annual update to service route per Section 16.1.
4057 23.5.2.4 Customer Account Review Certification. Contractor must provide 4058 an annual certification regarding the accuracy of its Customer Billings per 4059 Section 22.1.1.
4060 23.5.2.5 Annual Sustainability, Outreach, and Compliance Report. 4061 Contractor must complete and submit data sections within their 4062 Sustainability and Compliance Plan, Education and Outreach Plan, and 4063 Contamination Reduction Plan and according to the annual Plan Update 4064 detailed in Section 21.2.1. Contractor must also report on progress against 4065 the School Recycling Program. This report may be a standalone report 4066 provided by the designated subcontractor or may be incorporated into the 4067 Education and Outreach Plan Update if Contractor directly provides this 4068 service. The report shall document all progress against the Plan Update. To 4069 the extent this data is duplicative of data reported on monthly reports 4070 required per Section 23.3.2.3, this Annual Sustainability, Outreach and 4071 Compliance report may simply acknowledge the data already provided in 4072 said monthly reports. This annual report shall provide an overarching 4073 narrative not provided in the monthly reports to provide a general update 4074 relative to the successes and challenges relative to applicable programs 4075 during the prior Agreement Year. Comprehensive Waste Analyses Memo 467
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4076 Reports detailed in Section 21.4.1.2 and GHG Emission reporting detailed 4077 in Section 21.3.2 shall be included as part of this report. 4078 23.5.2.6 Processing and Marketing Data. Contractor shall submit updates 4079 to Exhibit 13 based on Recyclable Materials processing, Organic Waste 4080 processing, facility acceptability changes, and/or marketing issues, or 4081 conditions, occurring during the previous Agreement Year. Should the 4082 change in acceptability of materials impact costs or ability to achieve 4083 Diversion Guarantee, City and Contractor shall meet and confer in 4084 accordance with Article 28.
4085 23.5.2.7 Customer Service Information Sheet. A copy of Contractor’s most 4086 recent Customer Service Information Sheet (i.e., customer call center 4087 “cheat sheet”) for the City or the equivalent information used by customer 4088 service representatives.
4089 23.5.2.8 Collection Container and Vehicle Inventory. An updated complete 4090 inventory of Collection Containers by type and size, and an updated 4091 complete inventory of Collection Vehicles, including for each vehicle: truck 4092 number, route number, date purchased, vehicle type, tare weight, license 4093 plate number, fuel type, vehicle make and model, and vehicle safety 4094 records.
4095 23.5.2.9 Training Records. Contractor shall provide proof of training 4096 records for emergency procedures, Customer Service Courtesy, and how 4097 to recognize Illicit Discharges and stormwater pollution sources. 4098 23.5.2.10 Diversion Calculation and Data. Contractor must deliver to City, 4099 in the format specified by City, the Agreement Year’s Diversion rate, as 4100 calculated in accordance with the provisions of Article 20. Any tonnages 4101 Diverted and Disposed from large venues and events during the reporting 4102 period will be counted towards the calculated Diversion rate. Should 4103 Contractor fail to achieve the Diversion Guarantee, Contractor shall 4104 propose program enhancements, in accordance with Section 20.6.2.2. 4105 23.6 CalRecycle Reports and SB 1383 Implementation Record. Contractor will provide 4106 reasonable assistance to City in preparing annual reports to CalRecycle (the “Electronic 4107 Annual Report” or EAR), including but not limited to supplying required data for 4108 preparation of the reports, and completing all required data input. Contractor will similarly 4109 provide reasonable assistance to City in maintaining City’s SB 1383 Implementation 4110 Record.
4111 23.7 Annual Calendar Year Reporting.
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4112 23.7.1 General. An annual Calendar Year report must be submitted no later 4113 than 5:00 p.m. PT on February 28, 2028, and each February 28th thereafter, for 4114 the previous Calendar Year. This annual Calendar Year report will support the City 4115 in preparing the CalRecycle EAR. Annual Calendar Year reports must be submitted 4116 electronically in software acceptable to the City. 4117 23.7.2 City Reports. Annual Calendar Year reports to City must include:
4118 23.7.2.1 MFD Declination of Programs. Contractor shall provide a list of 4119 any MFD Service Units that (i) decline to participate in at least one Bulky 4120 Item Collection Service during the course of the Calendar Year, and (ii) 4121 decline to participate in at least one On-Call HHW Service during the course 4122 of the Calendar Year.
4123 23.7.2.2 AB 341, AB 1826, and SB 1383 Compliance Data. Contractor 4124 must report the total number of Commercial and MFD Service Units 4125 serviced, as well as the number of Containers, Container sizes, and 4126 frequency of Collection for Garbage, Recyclable Materials, and Organic 4127 Waste for each non-exempt Commercial and MFD Service Unit. Contractor 4128 must also provide the following information separately for both AB 341 and 4129 AB 1826:
4130  The total number of non-exempt Commercial and MFD Service 4131 Units that fall under the AB 341 or AB 1826 thresholds, and the 4132 total number of those non-exempt Commercial and MFD Service 4133 Units that are not subscribed to Commercial or MFD Recyclable 4134 Materials Collection Service or Commercial or MFD Organic 4135 Waste Collection Service.
4136  A summary of the type of follow-up outreach that was provided to 4137 those non-exempt Commercial and MFD Service Units that are 4138 not subscribed to Commercial or MFD Recyclable Materials 4139 Collection Service or Commercial or MFD Organic Waste 4140 Collection Service, as well as copies of applicable collateral 4141 distributed.
4142 23.7.2.3 For Route Reviews and Compliance Reviews:
4143  The date the review was conducted.
4144  The name and title of each person conducting the review. 4145  A list of the account names and addresses covered by the review. 469
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4146  For Route Reviews, a description of each Hauler Route reviewed, 4147 and a general description of the Hauler Route area. 4148  For Route Reviews, the results of such review (i.e., the addresses 4149 where any Prohibited Container Contaminants were found) and 4150 any photographs taken.
4151  For Compliance Reviews, the results of such review (i.e., 4152 Contractor’s findings as to whether the Customers reviewed are 4153 subscribed for Organic Waste Collection service, have an 4154 applicable waiver, or neither) and any relevant evidence 4155 supporting such findings (e.g., account records).
4156  Copies of any educational materials issued pursuant to such 4157 reviews.
4158 23.7.2.4 Documentation relating to observed Prohibited Container 4159 Contaminants, whether observed during Route Reviews or otherwise:
4160  Copies of the form of each notice issued to Customers for 4161 Prohibited Container Contaminants, as well as, for each such 4162 form, a list of the Customers to which such notice was issued, the 4163 date of issuance, the Customer’s name and service address, and 4164 the reason for issuance (if the form is used for multiple reasons). 4165  The number of times notices were issued to Customers for 4166 Prohibited Container Contaminants.
4167  The number of Containers where the contents were Disposed 4168 due to observation of Prohibited Container Contaminants. 4169  A description of the Contractor's process for determining the level 4170 of Container Contamination.
4171 23.7.3 In the event that CalRecycle requires City to report an Implementation 4172 Schedule and/or Corrective Action Plan to comply with AB 341, AB 1826, SB 1383, 4173 SB 1594, and/or other Applicable Laws, Contractor will provide assistance to City 4174 in preparing a report, including Contractor’s policies and procedures related to 4175 compliance with AB 341, AB 1826, SB 1383, and/or other Applicable Laws and 4176 how Recyclable Materials or Organic Waste are Collected; a description of the 4177 geographic area, routes, list of addresses served, and a method for tracking 4178 Contamination; copies of route audits, copies of notice of Contamination; copies 4179 of notices, violations, education, and enforcement actions issued; and copies of 4180 educational materials, flyers, brochures, newsletters, website, and social media. 470
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4181 23.8 Additional Reporting. Contractor must furnish City with any additional reports as 4182 may reasonably be required, and such reports are to be prepared within a reasonable 4183 time following the reporting period.
4184 23.9 Monthly Meetings. Contractor shall coordinate extensively with the City to support 4185 meeting the City’s sustainability goals, complying with applicable regulations, and 4186 assuring staff of Contractor’s quality and delivery of service. As such, following the 4187 submittal of monthly reports per Section 23.3, the City and Contractor shall meet at the 4188 time and place as designated by the Agreement Administrator. The Contractor shall be 4189 prepared to report to the City on progress made toward sustainability, diversion and 4190 compliance, discuss problems or issues with Collection programs, discuss Billing or 4191 Service Recipient service issues, and provide updates regarding day-to-day operations. 4192 The City may request additional detail or narrative regarding the Contractor’s most 4193 recently submitted reports.
4194 Article 24. Contractor’s Records
4195 24.1 Contractor shall keep and preserve, during the Term of this Agreement, full, 4196 complete, and accurate financial and accounting records, pertaining to cash, billing, and 4197 disposal transactions for the franchise area, prepared on an accrual basis in accordance 4198 with generally accepted accounting principles and Section 23.1 of this Agreement. These 4199 records and reports are necessary for the City to properly administer and monitor the 4200 Agreement and to assist the City in meeting the requirements of the Act. The Contractor 4201 shall keep and preserve, during the Term of this Agreement, and for a period of not less 4202 than five (5) years following expiration or other termination hereof or for any longer period 4203 required by law, full, complete, and accurate records as indicated in the Agreement. 4204 24.2 Any records or documents required to be maintained pursuant to this Agreement 4205 must be made available for inspection or audit at any time during regular business hours, 4206 upon written request by the Agreement Administrator, the City Attorney, City Auditor, City 4207 Manager, or a designated representative of any of these officers. Copies of such 4208 documents will be provided to City electronically, available to City for inspection at the 4209 local Contractor office, or available to City for inspection at an alternate site if mutually 4210 agreed upon.
4211 24.2.1 Contractor acknowledges that City is legally obligated to comply with the 4212 California Public Records Act (“CPRA”). City acknowledges that Contractor may 4213 consider certain records, reports, or information contained therein (“Records”) 4214 which Contractor is required to provide to City under this Agreement to be of a 4215 proprietary or confidential nature. In such instances, Contractor will inform City in 4216 writing of which records are considered proprietary or confidential and shall identify 4217 the statutory exceptions to disclosure provided under the CPRA that legally permit 4218 non-disclosure of the Records. At such time as City receives a request for records 471
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4219 under the CPRA or Federal Freedom of Information Act (“FOIA”), or a subpoena 4220 or other court order requesting disclosure of the Records, City will notify Contractor 4221 of the request, subpoena, or order and of City’s obligation and intent to provide a 4222 response within ten (10) calendar days. Contractor shall within five (5) calendar 4223 days either: (i) consent in writing to the disclosure of the Records; or (ii) seek and 4224 obtain, at Contractor’s sole cost and expense, the order of a court of competent 4225 jurisdiction staying or enjoining the disclosure of the Records. If Contractor fails to 4226 respond within the timeframe stipulated, then City may proceed to disclose the 4227 Records, in which event Contractor agrees, waives, and releases City of any 4228 liability for the disclosure of the Records. In the event Contractor seeks a court 4229 order to stay or enjoin the disclosure of the Records, Contractor agrees to 4230 indemnify, defend, and hold harmless the City, its Council, elected and appointed 4231 board or commission members, officers, employees, volunteers, and agents 4232 (collectively, "Indemnitees") from and against any and all loss, liability, penalty, 4233 forfeiture, claim, demand, action, proceeding, or suit in law or equity of any and 4234 every kind and description, whether judicial, quasi-judicial, or administrative in 4235 nature, arising or resulting from or in any way connected with the subject CPRA, 4236 FOIA request, or subpoena for the Records. This indemnity obligation shall survive 4237 the expiration or termination of this Agreement.
4238 24.3 Where City has reason to believe that such records or documents may be lost or 4239 discarded in the event of the dissolution, disbandment, or termination of Contractor’s 4240 business, City may, by written request or demand of any of the above-named officers, 4241 require that custody of the records be given to City and that the records and documents 4242 be maintained in City Hall. Access to such records and documents will be granted to any 4243 party authorized by Contractor, Contractor’s representatives, or Contractor’s successor4244 in-interest. 4245 24.4 Failure to Keep and Preserve Records. The refusal of Contractor to keep and 4246 preserve any of the records required shall be deemed a material breach of this Agreement 4247 and shall subject Contractor to all remedies, legal or equitable, which are available to City 4248 under this Agreement or otherwise.
4249 INSURANCE, PERFORMANCE BOND & INDEMNITY
4250 Article 25. Performance Bond
4251 25.1 Performance Bond. Within ten (10) Business Days from the date the City Council 4252 approves this Agreement, Contractor must furnish to City, and keep current, a 4253 performance bond (hereinafter collectively “Performance Bond”), issued or drawn upon a 4254 surety, bank, or financial institution reasonably acceptable to City and in a form acceptable 4255 to the City Attorney, for the faithful performance of this Agreement and all obligations 4256 arising hereunder in an amount as follows:
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4257 25.1.1 From July 1, 2027, and so long as this Agreement or any extension 4258 thereof remains in force, Contractor must maintain a performance bond in the 4259 amount of two million five hundred thousand dollars ($2,500,000). 4260 25.1.1.1 The performance bond must be executed by a surety company 4261 licensed to do business in the State of California; having an “A:VII" rating 4262 by A. M. Best or Standard and Poor’s; and included on the list of surety 4263 companies approved by the Treasurer of the United States. 4264 25.1.1.2 In the event City draws on the bond, all of City’s costs of collection 4265 and enforcement of the Bond, including reasonable attorney’s fees and 4266 costs, must be paid by Contractor.
4267 25.1.1.3 The Performance Bond must be renewed annually for the entire 4268 Term of the Agreement, and evidence must be provided to City annually as 4269 part of the Annual Agreement report, per Section 23.5.2.2. 4270 25.1.1.4 In the event Contractor shall for any reason (except as otherwise 4271 provided in this Agreement) become unable, or fail in any way, to perform 4272 as required by this Agreement, City may declare a portion or all of the 4273 Performance Bond, as may be necessary to recompense and make whole 4274 the City, forfeited to the City. Upon partial or full forfeiture of the Performance 4275 Bond, Contractor shall restore the Performance Bond to its original amount 4276 within thirty (30) days of the City’s notice to do so. Failure to restore the 4277 Performance Bond to its full amount within thirty (30) days shall be a 4278 material breach of this Agreement, and shall subject Contractor to all 4279 remedies, legal or equitable, which are available to City under this 4280 Agreement or otherwise.
4281 Article 26. Insurance
4282 26.1 Insurance Policies. Contractor must secure and maintain, throughout the Term of 4283 this Agreement, insurance against claims for injuries to persons or damages to property 4284 which may arise from or in connection with Contractor’s performance of work or services 4285 under this Contract. Contractor’s performance of work or services includes performance 4286 by Contractor’s employees, agents, representatives, and subcontractors. 4287 26.2 Minimum Insurance Requirements.
4288 26.2.1 General Liability Insurance. Contractor shall maintain occurrence-based 4289 commercial general liability insurance with coverage at least as broad as Insurance 4290 Services Office Form CG 00 01, in an amount not less than $5,000,000 per 4291 occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and 473
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4292 property damage. The policy must include contractual liability that has not been 4293 amended. Any endorsement restricting standard ISO “insured contract” language 4294 will not be accepted.
4295 26.2.2 Automobile Liability Insurance. Contractor shall maintain occurrence4296 based automobile insurance at least as broad as Insurance Services Office Form 4297 CA 00 01, covering bodily injury and property damages for all activities of the 4298 Contractor arising out of or in connection with Work to be performed under this 4299 Agreement, including any owned, hired, non-owned, or rented vehicles, in an 4300 amount not less than $10,000,000 combined single limit for each accident. 4301 26.2.3 Workers’ Compensation and Employers Liability: Contractor shall obtain 4302 and maintain Workers’ Compensation insurance with limits as required by the 4303 California Labor Code, and Employers Liability insurance with limits of $1,000,000 4304 per accident. Contractor shall submit to City, along with the certificate of insurance, 4305 a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, 4306 employees, and volunteers.
4307 26.2.4 Environmental Pollution Liability: Pollution legal liability insurance 4308 coverage shall be occurrence-based in an amount no less than Twenty Million 4309 Dollars ($20,000,000) in the aggregate. Coverage shall be extended a minimum 4310 of three (3) years beyond the Term of the Agreement, and such insurance shall 4311 contain all standard extensions customary for such policy and shall cover prior 4312 acts.
4313 26.2.5 Cyber Liability Insurance. Contractor shall maintain either an 4314 endorsement to its general liability policy, or a separate policy of insurance 4315 covering cyber liability. Said coverage shall be in the amount of not less than Five 4316 Million Dollars ($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) 4317 in the aggregate.
4318 26.3 Insurance Provisions/Requirements.
4319 26.3.1 Additional Insured Status. General liability, automobile liability, and 4320 umbrella/excess liability insurance policies shall provide or be endorsed to provide 4321 that City and its officers, officials, employees, agents, and volunteers shall be 4322 additional insureds under such policies.
4323 26.3.2 Requirements not limiting. Requirements of specific coverage features 4324 or limits contained in this Section are not intended as a limitation on coverage, 4325 limits, or other requirements, or a waiver of any coverage normally provided by any 4326 insurance. Specific reference to a given coverage feature is for purposes of 4327 clarification only as it pertains to a given issue and is not intended by any party or 474
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4328 insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any 4329 type. If Contractor maintains higher limits than the minimum shown above, the City 4330 requires and shall be entitled to coverage for the higher limits maintained by the 4331 Contractor. Any available insurance proceeds in excess of the specified minimum 4332 limits of insurance and coverage shall be available to the City. 4333 26.3.3 Self-Insured Retentions. Any self-insured retentions must be declared to 4334 and approved by City. City reserves the right to require that self-insured retentions 4335 be eliminated, lowered, or replaced by a deductible, or require proof of ability to 4336 pay losses and related investigations, claim administration, and defense expenses 4337 within the retention through confirmation from the underwriter. 4338 26.3.4 Primary/Non-Contributing. Coverage provided by Contractor shall be 4339 primary, and any insurance or self-insurance procured or maintained by City shall 4340 not be required to contribute with it. The limits of insurance required herein may be 4341 satisfied by a combination of primary and umbrella or excess insurance. Any 4342 umbrella or excess insurance shall contain or be endorsed to contain a provision 4343 that such coverage shall also apply on a primary and non-contributory basis for the 4344 benefit of City before the City’s own insurance or self-insurance shall be called 4345 upon to protect it as a named insured.
4346 26.3.5 Proof of Insurance. Contractor shall provide certificates of insurance and 4347 required endorsements to City as evidence of the insurance coverage required 4348 herein. Insurance certificates and endorsements must be approved by the City’s 4349 Risk Manager prior to commencement of performance. Current certification of 4350 insurance shall be kept on file with City for the Agreement period and any additional 4351 length of time required thereafter. City reserves the right to require complete, 4352 certified copies of all required insurance policies at any time. 4353 26.3.6 Duration of Coverage. Contractor shall procure and maintain for the 4354 Agreement period, and any additional length of time required thereafter, insurance 4355 against claims for injuries to persons or damages to property, or financial loss 4356 which may arise from or in connection with the performance of the Work hereunder 4357 by Contractor, their agents, representatives, employees, or subcontractors. 4358 26.3.7 City’s Rights of Enforcement. In the event any policy of insurance 4359 required under this Agreement does not comply with these specifications or is 4360 canceled and not replaced, City has the right but not the duty to obtain the 4361 insurance it deems necessary, and any premium paid by City will be promptly 4362 reimbursed by Contractor or City will withhold amounts sufficient to pay premium 4363 from Contractor payments. In the alternative, City may cancel this Agreement. 475
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4364 26.3.8 Acceptable Insurers. All insurance policies shall be issued by an 4365 insurance company that is currently authorized by the Insurance Commissioner to 4366 transact business of insurance or that is on the List of Approved Surplus Line 4367 Insurers in the State of California, with an assigned policyholders’ Rating of A-VII 4368 and Financial Size Category Class VII (or larger) in accordance with the latest 4369 edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk 4370 Manager.
4371 26.3.9 Waiver of Subrogation. All insurance coverage maintained or procured 4372 pursuant to this agreement shall be endorsed to waive subrogation against City, 4373 its elected or appointed officers, agents, officials, employees, and volunteers, or 4374 shall specifically allow Contractor or others providing insurance evidence in 4375 compliance with these specifications to waive their right of recovery prior to a loss. 4376 Contractor hereby waives its own right of recovery against City and shall require 4377 similar written express waivers and insurance clauses from each of its 4378 subcontractors.
4379 26.3.10 Enforcement of Contract Provisions (Non-Estoppel). Contractor 4380 acknowledges and agrees that any actual or alleged failure on the part of the City 4381 to inform Contractor of non-compliance with any requirement imposes no 4382 additional obligations on the City, nor does it waive any rights hereunder. 4383 26.3.11 Notice of Cancellation. Contractor agrees to require its insurance agent 4384 or broker and insurers to provide the City with a thirty (30) day notice of cancellation 4385 (except for nonpayment for which a ten (10) day notice is required) or nonrenewal 4386 of coverage for each required coverage. If any of the Contractor’s insurers are 4387 unwilling to provide such notice, then Contractor shall have the responsibility of 4388 notifying the City immediately in the event of Contractor’s failure to renew any of 4389 the required insurance coverages or in the event of insurer’s cancellation or non4390 renewal. 4391 26.3.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages 4392 required herein will be in compliance with these requirements if they include any 4393 limiting endorsement of any kind that has not been first submitted to City and 4394 approved of by the City in writing.
4395 26.3.13 Separation of Insureds. A severability of interests provision must apply 4396 for all additional insureds, ensuring that Contractor’s insurance shall apply 4397 separately to each insured against whom claim is made or suit is brought, except 4398 with respect to the insurer’s limits of liability. The policy(ies) shall not contain any 4399 cross-liability exclusions.
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4400 26.3.14 Pass-Through Clause. Contractor agrees to ensure that its 4401 subconsultants, subcontractors, and any other parties who are brought onto or 4402 involved in the project/service by Contractor (hereinafter collectively 4403 “subcontractor”) provide the same minimum insurance coverage and 4404 endorsements required of Contractor. Contractor agrees to monitor and review all 4405 such coverage and assumes all responsibility for ensuring that such coverage is 4406 provided in conformity with the requirements of this Section. However, in the event 4407 Contractor’s subcontractor cannot comply with this requirement, proof of which 4408 must be submitted to the City, Contractor shall be required to ensure that its 4409 subcontractor provide and maintain insurance coverage and endorsements 4410 sufficient to the specific risk of exposure involved with subcontractor’s scope of 4411 work and services, with limits less than required of the Contractor, but in all other 4412 terms consistent with the Contractor’s requirements under this agreement. This 4413 provision does not relieve the Contractor of its contractual obligations under the 4414 agreement and/or limit its liability to the amount of insurance coverage provided by 4415 its subcontractors. This provision is intended solely to provide Contractor with the 4416 ability to utilize a subcontractor who may be otherwise qualified to perform the work 4417 or services but may not carry the same insurance limits as required of the 4418 Contractor under this agreement given the limited scope of work or services 4419 provided by the subcontractor. Contractor agrees that upon request, all 4420 agreements with subcontractors, and others engaged in the project, will be 4421 submitted to City for review.
4422 26.3.15 City’s Rights to Revise Specifications. The City reserves the right at any 4423 time during the Term of the Agreement to change the amounts and types of 4424 insurance required by giving the Contractor ninety (90) days advance written notice 4425 of such change. If such change results in substantial additional cost to the 4426 Contractor, the City and Contractor may renegotiate Contractor’s compensation. 4427 26.3.16 Timely Notice of Claims. Contractor shall give City prompt and timely 4428 notice of claims made or suits instituted that arise out of or result from Contractor’s 4429 performance under this Agreement, and that involve or may involve coverage 4430 under any of the required liability policies.
4431 26.3.17 Additional Insurance. Contractor shall also procure and maintain, at its 4432 own cost and expense, any additional kinds of insurance, which in its own 4433 judgment may be necessary for its proper protection and prosecution of the Work. 4434 Proof of insurance must be emailed to the Agreement Administrator, and also mailed to 4435 the following address, or any subsequent address as may be directed by the City. 4436 City of West Sacramento
4437 Sustainability Manager
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4438 1110 West Capitol Avenue
4439 West Sacramento, CA 95691
4440 26.4 Subcontractors. Contractor must include all subcontractors performing services in 4441 the City as insureds under its policies, or subcontractors must obtain separate certificates 4442 and endorsements.
4443 26.5 Modification of Insurance Requirements. The insurance requirements provided in 4444 this Agreement may be modified or waived by City’s risk manager, in writing, upon the 4445 request of Contractor, if City’s risk manager determines such modification or waiver is in 4446 the best interest of City, considering all relevant factors, including exposure to City. 4447 26.6 Rights of Subrogation. All required insurance policies must preclude any 4448 underwriter’s rights of recovery or subrogation against City with respect to matters related 4449 to Contractor’s performance of its obligations under this Agreement, with the express 4450 intention of the parties being that the required insurance coverage protects both parties 4451 as the primary coverage for any and all losses covered by the above-described insurance. 4452 Contractor must ensure that any companies issuing insurance to cover the requirements 4453 contained in this Agreement agree that they will have no recourse against City for 4454 payment or assessments in any form on any policy of insurance. The clauses ‘Other 4455 Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ 4456 as it appears in any policy of insurance in which City is named as an additional insured 4457 will not apply to City.
4458 26.7 Failure to maintain insurance. Should Contractor fail to obtain or maintain 4459 insurance as required by this Agreement, Contractor shall have seven (7) days from the 4460 time Contractor is put on notice of the defect to cure the failure, during which time 4461 City shall have the option, but not the obligation to, at Contractor’s sole expense: (i) hire 4462 replacement waste hauler services to perform Contractor’s tasks until insurance coverage 4463 is resumed; or (ii) obtain replacement insurance coverage during said cure period. Should 4464 Contractor fail to correct this defect, City shall have the option to terminate this Agreement 4465 immediately.
4466 Article 27. Hold Harmless and Indemnification
4467 27.1 Defense and Indemnity for Contractor’s Liabilities and Damages. Contractor shall 4468 indemnify, defend with counsel approved by the City, and hold City, its elected and 4469 appointed officials, officers, agents, employees, and volunteers (collectively “City 4470 Indemnitees”) harmless from and against any and all of Contractor’s liabilities, including 4471 but not limited to all claims, demands, lawsuits, judgments, damages, losses, injuries, 4472 expenses, and/or costs (including without limitation reasonable legal counsel fees, expert 4473 fees, and all other costs and fees of litigation) of every nature arising out of, brought, or 478
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4474 claimed against Contractor by, or otherwise owed by Contractor to, Contractor’s 4475 employees, Contractor’s contractors or subcontractors, or the owners of Contractor’s firm. 4476 27.2 Defense and Indemnity of Third-Party Claims/Liability. Contractor shall indemnify, 4477 defend with legal counsel approved by City, and hold harmless City Indemnitees from and 4478 against any and all liabilities, including but not limited to all claims, demands, lawsuits, 4479 judgments, damages, losses, injuries, expenses, and/or costs (including without limitation 4480 reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of 4481 every nature arising out of or in connection with Contractor’s performance of work 4482 hereunder or its failure to comply with any of its obligations contained in the Agreement, 4483 except to the extent such loss or damage is caused by the active negligence, willful 4484 misconduct, breach of the Agreement, or violation of law by City or City Indemnitees (any 4485 of the foregoing causes, “City Fault”). Should conflict of interest principles preclude a 4486 single legal counsel from representing both City and Contractor, or should City otherwise 4487 find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its 4488 costs of defense, including without limitation reasonable legal counsel fees, expert fees, 4489 and all other costs and fees of litigation. The Contractor shall promptly pay City any final 4490 judgment rendered against City (and its officers, officials, employees, and volunteers) with 4491 respect to any liabilities or claims covered by this Section. It is expressly understood and 4492 agreed that the foregoing provisions are intended to be as broad and inclusive as is 4493 permitted by the law of the State of California and will survive termination of this 4494 Agreement.
4495 27.2.1 Contractor’s obligations under this Section apply regardless of whether 4496 or not such claim, charge, damage, demand, lawsuit, action, proceeding, loss, 4497 injury, stop notice, expense, cost, judgment, civil fine or penalty, or liability was 4498 caused in part or contributed to by a City Indemnitee. However, without affecting 4499 the rights of City under any other Section of this Agreement, Contractor shall not 4500 be required to indemnify and hold harmless any City Indemnitee for liability to the 4501 extent attributable to City Fault, provided such City Fault is determined by 4502 agreement between the parties or by findings of a court of competent jurisdiction. 4503 In instances where City Fault is established and where City Fault accounts for only 4504 a percentage of the liability involved, the obligation of the Contractor will be for that 4505 entire portion or percentage of liability not attributable to City Fault. 4506 27.3 Nonwaiver. City does not waive, nor shall be deemed to have waived, any 4507 indemnity, defense or hold harmless rights under this Section because of the acceptance 4508 by City, or the deposit with City, of any insurance certificates or policies described in Article 4509 26.
4510 27.4 Diversion Indemnification. Subject to the requirements of Public Resources Code 4511 Section 40059.1, which will control in the event of any conflict with the provisions of this 4512 Section, Contractor agrees to protect and defend City Indemnitees with counsel selected 479
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4513 by Contractor and approved by City, to pay all attorneys’ fees, and to indemnify, defend, 4514 and hold City Indemnitees harmless from and against all fines or penalties imposed by 4515 the California Integrated Waste Management Board if the Diversion goals specified in 4516 California Public Resources Code Section 41780, as it may be amended, are not met by 4517 City with respect to the Materials Collected by Contractor and if the lack in meeting such 4518 goals is attributable to the failure of Contractor to implement and operate the Recycling 4519 or Diversion programs or undertake the related activities required by this Agreement. In 4520 the event CalRecycle provides an administrative process to challenge the imposition of a 4521 compliance order or a fine or fines, Contractor will be responsible for engaging any 4522 consultants or attorneys necessary to represent City in any challenge. Contractor will be 4523 responsible for the retention of and payment to any consultants engaged to perform waste 4524 generation studies (Diversion and Disposal). All consultants and attorneys engaged 4525 hereunder are subject to the agreement of City and Contractor. 4526 27.5 Hazardous Substances Indemnification. Contractor agrees to indemnify, defend 4527 (with counsel reasonably approved by City), protect, and hold harmless the City 4528 Indemnitees from and against any and all claims of any kind whatsoever paid, suffered, 4529 or incurred by or against the City Indemnitees resulting from any repair, clean-up, removal 4530 action, or response action undertaken pursuant to CERCLA, the Health & Safety Code, 4531 or other similar Federal, State, or local law or regulation, with respect to Solid Waste or 4532 Household Hazardous Waste Collected and Disposed of by Contractor, except to the 4533 extent City Indemnitees or third parties caused the claims applicable herein The 4534 foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) 4535 of CERCLA and Section 25364 of the Health & Safety Code to defend, protect, hold 4536 harmless, and indemnify the City Indemnitees from all forms of liability under CERCLA, 4537 the Health & Safety Code, or other similar Federal, State, or local law or regulation. 4538 27.6 Proposition 218 Release. City intends to comply with all Applicable Law concerning 4539 the Maximum Service Rates provided under this Agreement. Upon thorough analysis, the 4540 parties have made a Good Faith determination that the Maximum Service Rates for the 4541 Solid Waste Collection provided under this Agreement are not subject to California 4542 Constitution Articles XIIIC and XIIID because, among other reasons, such services are 4543 provided by a private corporation and not by City, Contractor independently establishes 4544 the rates for services within the limits established in this Agreement, the receipt of 4545 services is voluntary and not required of any property within City, and any owner or 4546 Service Recipient of property within City has the opportunity to avoid the services 4547 available under this Agreement either through Self-Hauling or use of property in such a 4548 manner that Solid Waste is not generated. Contractor understands and agrees that City 4549 may voluntarily elect to follow the requirements of California Constitution Article XIII D 4550 (Proposition 218) or other Applicable Law before approving any new or increased 4551 Maximum Service Rates. City shall not be in breach of this Agreement if its residents 4552 lawfully delay or prevent City from raising or imposing the Maximum Service Rates 4553 through the California Constitution Article XIII D or other applicable process. All costs 480
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4554 incurred in providing notices required under California Constitution Article XIII D or other 4555 Applicable Law in connection with a rate adjustment shall be paid by the City, however, 4556 Contractor shall cooperate in the development and review of the notice as requested by 4557 the City. In the event that a third party challenges the Maximum Service Rates as being 4558 in violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserts that 4559 the Maximum Service Rates are an invalid tax, assessment, or fee, Contractor agrees to 4560 waive, release, and hold harmless the City indemnitees from and against any and all 4561 claims Contractor may have against the City Indemnitees resulting therefrom, and to 4562 indemnify and defend City indemnitees, with legal counsel reasonably acceptable to City, 4563 from any third-party claim, suit, or other action, whether administrative, legal, or equitable, 4564 challenging the Maximum Service Rates authorized under this Agreement or as being in 4565 violation of Article XIIIC or XIIID of the California Constitution, or otherwise asserting that 4566 the Maximum Service Rates are an invalid tax, assessment, or fee. This Section will 4567 survive the expiration or termination of this Agreement for claims arising prior to the 4568 expiration or termination of this Agreement.
4569 27.7 Employment & Labor Practices. Contractor shall indemnify, defend, and hold 4570 harmless City Indemnitees, from any and all liability, damages, claims, costs, and 4571 expenses of any nature to the extent arising from Contractor's personnel and labor 4572 practices, including failure to pay and comply with state or federal prevailing wage laws 4573 should such be applicable to Contractor’s personnel or labor practices or to one or more 4574 of the services it provides pursuant to the Agreement. All duties of Contractor under this 4575 paragraph shall survive termination of this Agreement. 4576 27.8 Consideration. It is specifically understood and agreed that the consideration 4577 inuring to Contractor for the execution of this Agreement consists of the promises, 4578 payments, covenants, rights, and responsibilities contained in this Agreement. 4579 27.9 Obligation. This Agreement obligates Contractor to comply with the foregoing 4580 indemnification and release provisions; however, the collateral obligation of providing 4581 insurance must also be complied with as set forth in this Agreement. The provision of 4582 insurance and the coverage limits therein shall not in any way be a limitation on 4583 Contractor’s indemnification and defense obligations. 4584 27.10 Subcontractors. Contractor must require all subcontractors performing work in the 4585 City to enter into a contract containing the provisions set forth in Article 26, in which 4586 contract the subcontractor fully indemnifies City in accordance with this Agreement. 4587 27.11 Exception. Notwithstanding other provisions of this Agreement, Contractor’s 4588 obligation to indemnify, hold harmless, and defend City Indemnitees will not extend to any 4589 loss, liability, penalty, damage, action, or suit to the extent arising or resulting from City 4590 Fault.
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4591 27.12 Damage by Contractor. If Contractor’s employees or subcontractors cause any 4592 injury, damage, or loss to City property, including but not limited to City streets or curbs, 4593 excluding normal wear and tear, Contractor must reimburse City for City’s cost of repairing 4594 or replacing such injury, damage, or loss. Such reimbursement is not in derogation of any 4595 right of City to be indemnified by Contractor for any such injury, damage, or loss. With the 4596 prior written approval of City, Contractor may repair the damage at Contractor’s sole cost 4597 and expense. Any injury, damage, or loss to private property caused by the negligent or 4598 willful acts or omissions of Contractor to private property must be repaired or replaced by 4599 Contractor at Contractor’s sole expense. Disputes between Contractor and its Service 4600 Recipients or private property owners as to damage to private property are civil matters, 4601 and complaints of damage will be referred to Contractor as a matter within its sole 4602 responsibility and as a matter within the scope of this Article. 4603 PERFORMANCE, DEFAULT & REMEDIES
4604 Article 28. Modifications to the Agreement
4605 28.1 City-Directed Change. City has the power to make changes in this Agreement to 4606 impose new rules and regulations on Contractor under this Agreement relative to the 4607 scope and methods of providing Collection Services, as may from time to time be 4608 necessary and desirable for the public welfare. The size of Collection Containers specified 4609 herein for Bundled Service and Minimum Mandatory Service are designed to meet the 4610 requirements of Applicable Law, inclusive of the State’s Recycling mandates, including 4611 AB 341, AB 1826, and SB 1383, and to be appropriate for the capabilities and capacities 4612 of available Materials Recovery Facilities and Organic Waste Processing Facilities at the 4613 start of this Agreement. The capabilities and capacities of such facilities may change 4614 during the Term of this Agreement; as such, City reserves the right to redirect materials 4615 to alternate facilities and change the designated sizes of Carts and/or Bins in Bundled 4616 Services and Minimum Mandatory Service in accordance with any such changes. City will 4617 give the Contractor notice of any proposed change, as well as an opportunity to be heard 4618 concerning those matters, and agrees to adjust Maximum Service Rates to reasonably 4619 reflect additional costs borne by Contractor. The scope and method of providing Solid 4620 Waste Collection as referenced herein will be liberally construed to include the 4621 procedures, operations, and obligations, financial or otherwise, of Contractor. When such 4622 modifications are made to this Agreement, City and Contractor will negotiate in Good 4623 Faith a reasonable and appropriate compensation adjustment for any increase or 4624 decrease in the services or other obligations required of Contractor due to any 4625 modification in the Agreement under this Article. City and Contractor will not unreasonably 4626 withhold agreement to such compensation adjustment. Should agreement between City 4627 and Contractor on compensation adjustment not be reached within six (6) months of the 4628 change request, or other period as agreed upon by both parties, City and Contractor 4629 agree to submit the compensation adjustment to binding arbitration as described in 4630 Section 28.3. Notwithstanding any other provision of this Agreement, Contractor shall not 482
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4631 be required to implement any City-Directed change that is reasonably expected to 4632 increase Contractor’s costs unless and until the City has approved adjusted Maximum 4633 Service Rates in accordance with this Section.
4634 28.2 Change in Law. City and Contractor understand and agree that the California 4635 Legislature has the authority to make comprehensive changes in Solid Waste Handling 4636 legislation, and that these and other changes in Applicable Law in the future which 4637 mandate certain actions or programs for counties, municipalities, or Contractor may 4638 require changes or modifications in some of the terms, conditions, or obligations under 4639 this Agreement. Contractor agrees that the terms and provisions of the City Municipal 4640 Code, as it now exists or as it may be amended in the future (in a manner not inconsistent 4641 with this Agreement), will apply to all of the provisions of this Agreement and the Service 4642 Recipients of Contractor located within the Service Area. In the event any future change 4643 in Applicable Law, inclusive of any change in Federal, State, or local laws or regulations 4644 or the City Code that materially alters the obligations of Contractor, then Contractor shall 4645 be obligated to, and hereby agrees to, undertake such new or modified services or 4646 programs or take such other actions as may be necessary to comply with the Change in 4647 Law (“Modified Services”), provided that City and Contractor negotiate in Good Faith, and 4648 agree upon a reasonable and appropriate compensation adjustment for such Modified 4649 Services. City and Contractor will not unreasonably withhold agreement to such 4650 compensation adjustment. Should agreement between City and Contractor on 4651 compensation adjustment not be reached within six (6) months of the change request, or 4652 other period as agreed upon by both parties, City and Contractor agree to submit the 4653 compensation adjustment to binding arbitration as described in Section 28.3. Nothing 4654 contained in this Agreement will require any party to perform any act or function contrary 4655 to Applicable Law.
4656 28.3 Arbitration. Arbitration shall be conducted by a single arbitrator. If, within twenty 4657 (20) days from the receipt of a request to arbitrate (or such longer period mutually agreed 4658 to by the parties), the parties are unable to agree on an arbitrator, then a single arbitrator 4659 shall be appointed pursuant to the Commercial Arbitration Rules of the American 4660 Arbitration Association, which shall govern any arbitration requested under this provision. 4661 Each Party shall bear its own costs and expenses of any arbitration. Each Party shall pay 4662 one-half of the costs of the arbitrator.
4663 Article 29. Quality of Performance of Contractor
4664 29.1 Intent. Contractor acknowledges and agrees that one of City’s primary goals in 4665 entering into this Agreement is to ensure that the Solid Waste Collection is of the highest 4666 caliber, that Service Recipient satisfaction remains at the highest level, that maximum 4667 Diversion levels are achieved, and that materials Collected are put to the highest and best 4668 use to the maximum extent possible.
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4669 29.2 Administrative Charges and Penalties. Quality performance by the Contractor is of 4670 primary importance. In acknowledgement of this, Contractor agrees to pay City 4671 Administrative Charges and Penalties as detailed in Exhibit 5 should Contractor fail to 4672 meet its responsibilities under this Agreement. Contractor warrants that potential 4673 Administrative Charges and Penalties shall neither impact or be included in the Maximum 4674 Service Rates, and Contractor has set Maximum Service Rates with the expectation that 4675 the Contractor is capable of achieving all performance standards as included in Exhibit 5. 4676 Should Contractor be in breach of the requirements set forth in this Agreement, it is 4677 mutually understood and agreed that the public will necessarily suffer damages and that 4678 such damages, from the nature of the default in performance, will be extremely difficult 4679 and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 4680 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain 4681 the extent of damages which will be incurred by City as a result of a breach by Contractor 4682 of its obligations under this Agreement. The factors relating to the impracticability of 4683 ascertaining damages include, but are not limited to, the fact that: (i) substantial damage 4684 results to members of the public who are denied services or denied quality or reliable 4685 service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of 4686 the benefits of this Agreement to individual members of the general public for whose 4687 benefit this Agreement exists, in subjective ways and in varying degrees of intensity which 4688 are incapable of measurement in precise monetary terms; (iii) services might be available 4689 at substantially lower costs than alternative services, and the monetary loss resulting from 4690 denial of services or denial of quality or reliable services is impossible to calculate in 4691 precise monetary terms; and (iv) the termination of this Agreement for such breaches, 4692 and other remedies are, at best, a means of future correction and not remedies which 4693 make the public whole for past breaches.
4694 29.3 Procedure for Review of Administrative Charges. The Agreement Administrator 4695 may assess Administrative Charges and Penalties as specified in Exhibit 5 pursuant to 4696 this Agreement on a Quarterly basis. Within twenty (20) Business Days following City 4697 receipt of Contractor’s Quarterly Report, the Agreement Administrator will issue a written 4698 notice to Contractor (“Notice of Assessment”), which may be transmitted via mail or email, 4699 of the Administrative Charges and Penalties assessed and the basis for each 4700 assessment.
4701 29.3.1 The assessment will become final, unless, within ten (10) Business Days 4702 of the date of the Notice of Assessment, Contractor provides a written request for 4703 a meeting with the City Manager to present evidence that the assessment should 4704 not be made.
4705 29.3.2 The Agreement Administrator will schedule a meeting between 4706 Contractor and the City Manager as soon as reasonably possible after timely 4707 receipt of Contractor’s request.
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4708 29.3.3 The City Manager will review Contractor’s evidence and render a 4709 decision sustaining or reversing the Administrative Charges and Penalties as soon 4710 as reasonably possible after the meeting. Written notice of the decision will be 4711 provided to Contractor.
4712 29.3.4 In the event Contractor does not submit a written request for a meeting 4713 within ten (10) Business Days of the date of the Notice of Assessment, the 4714 Agreement Administrator’s determination will be final. 4715 29.3.5 City’s assessment or collection of Administrative Charges and Penalties 4716 will not prevent City from exercising any other right or remedy, including the right 4717 to terminate this Agreement, for Contractor’s failure to perform the work and 4718 services in the manner set forth in this Agreement. 4719 29.3.6 Payment Timing and Procedures. Contractor shall pay any 4720 Administrative Charges assessed by the City within fifteen (15) Business Days 4721 after the date the Administrative Charges are assessed. If they are not paid within 4722 the fifteen (15) Business Day period, the City may proceed against the 4723 performance bond required by the Agreement, treat the failure as a default under 4724 Article 30, or all of the above. All payments of Administrative Charges shall be 4725 remitted by Contractor check, bank draft or money order, payable to The City of 4726 West Sacramento and delivered to the address included in Article 45. 4727 29.4 Uncontrollable Circumstances.
4728 29.4.1 If either Party is prevented from or delayed in performing its duties under 4729 this Agreement by circumstances beyond its control, whether or not foreseeable, 4730 including, without limitation, acts of terrorism, landslides, lightning, forest fires, 4731 storms, floods, severe weather, freezing, earthquakes, other natural or man-made 4732 disasters, the threat of such natural or man-made disasters, pandemics (or threat 4733 of same), quarantines, civil disturbances, acts of the public enemy, wars, 4734 blockades, public riots, strikes, lockouts or other labor disturbances, acts of 4735 government or governmental restraint, or other causes, whether of the kind 4736 enumerated or otherwise, that are not reasonably within the control of the affected 4737 Party, then the affected Party will be excused from performance hereunder during 4738 the period of such disability.
4739 29.4.2 The Party claiming excuse from performance must promptly notify the 4740 other Party when it learns of the existence of such cause, including the facts 4741 constituting such cause, and when such cause has terminated. 485
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4742 29.4.3 The interruption or discontinuance of services by a Party caused by 4743 circumstances outside of its control will not constitute a default under this 4744 Agreement.
4745 Article 30. Default of Agreement
4746 30.1 Termination. City may cancel this Agreement, except as otherwise provided below 4747 in this Section, by giving Contractor thirty (30) calendar days advance written notice, to 4748 be served as provided in this Agreement, upon the happening of any one of the following 4749 events:
4750 30.1.1 Contractor takes the benefit of any present or future insolvency statute; 4751 makes a general assignment for the benefit of creditors; files a voluntary petition 4752 in bankruptcy (court); files a petition or answer seeking an arrangement for its 4753 reorganization or the readjustment of its indebtedness under the Federal 4754 bankruptcy laws or under any other law or statute of the United States or any State 4755 thereof; or consents to the appointment of a receiver, trustee or liquidator of all or 4756 substantially all of its property; or
4757 30.1.2 By order or decree of a court, Contractor is adjudged bankrupt or an 4758 order is made approving a petition filed by any of its creditors or by any of the 4759 stockholders of Contractor, seeking its reorganization or the readjustment of its 4760 indebtedness under the Federal bankruptcy laws or under any law or statute of the 4761 United States or of any State thereof, provided that if any such judgment or order 4762 is stayed or vacated within sixty (60) calendar days after the entry thereof, any 4763 notice of default will be and become null, void, and of no effect, unless such stayed 4764 judgment or order is reinstated, in which case such default will be deemed 4765 immediate; or
4766 30.1.3 By, pursuant to, or under the authority of any legislative act, resolution, 4767 or rule or any order or decree of any court or governmental board, agency, or officer 4768 having jurisdiction, a receiver, trustee, or liquidator takes possession or control of 4769 all or substantially all of the property of Contractor, and such possession or control 4770 continues in effect for a period of sixty (60) calendar days; or 4771 30.1.4 Contractor has defaulted, by failing or refusing to pay in a timely manner 4772 undisputed Administrative Charges and Penalties or other undisputed amounts 4773 due to City under this Agreement, and such default is not cured within sixty (60) 4774 calendar days of receipt of written notice by City to do so; or 4775 30.1.5 Contractor has defaulted by allowing any final judgment for the payment 4776 of money owed to City to stand against it unsatisfied and such default is not cured 4777 within sixty (60) calendar days of receipt of written notice by City to do so; or 486
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4778 30.1.6 In the event that the monies due City is the subject of a judicial 4779 proceeding, Contractor will not be in default if the sum of money is bonded. All 4780 bonds must be in the form acceptable to the City Attorney; or 4781 30.1.7 Contractor has defaulted, by failing or refusing to perform or observe 4782 any of the terms, conditions, or covenants in this Agreement, including, but not 4783 limited to, the maintenance of a performance bond in accordance with Article 25 or 4784 any of the rules and regulations promulgated by City pursuant thereto, or has 4785 wrongfully failed or refused to comply with the instructions of the Agreement 4786 Administrator relative thereto, and such default is not cured within sixty (60) 4787 calendar days of receipt of written notice by City to do so, or if by reason of the 4788 nature of such default, the same cannot be remedied within sixty (60) calendar 4789 days following receipt by Contractor of written demand from City to do so, 4790 Contractor fails to commence the remedy of such default within such sixty (60) 4791 calendar days following such written notice or having so commenced fails 4792 thereafter to continue with diligence the curing thereof (with Contractor having the 4793 burden of proof to demonstrate (a) that the default cannot be cured within sixty 4794 (60) calendar days, and (b) that it is proceeding with diligence to cure such default, 4795 and such default will be cured within a reasonable period of time). However, 4796 notwithstanding anything contained herein to the contrary, for the failure of 4797 Contractor to provide Solid Waste Collection for a period of three (3) consecutive 4798 Workdays, City may secure Contractor's records on the fourth (4th) Workday in 4799 order to provide interim Solid Waste Collection until such time as the matter is 4800 resolved and Contractor is again able to perform pursuant to this Agreement; 4801 provided, however, if Contractor is unable for any reason or cause to resume 4802 performance at the end of sixty (60) calendar days, all liability of City under this 4803 Agreement to Contractor will cease and this Agreement may be terminated by City. 4804 30.2 Violations. Notwithstanding the foregoing and as supplemental and additional 4805 means of termination of this Agreement under this Article, in the event that Contractor's 4806 record of performance shows that Contractor has defaulted in the performance of any of 4807 the covenants and conditions required herein to be kept and performed by Contractor 4808 three (3) or more times in any twenty-four (24) month period, and regardless of whether 4809 the Contractor has corrected each individual condition of default, Contractor will be 4810 deemed a "habitual violator", will be deemed to have waived the right to any further notice 4811 or grace period to correct, and all such defaults will be considered cumulative and 4812 collectively will constitute a condition of irredeemable default. City may thereupon issue 4813 Contractor a final warning citing the circumstances under which Contractor has become 4814 a “habitual violator” pursuant to this Section, and any single default by Contractor of 4815 whatever nature, subsequent to the occurrence of the last of such cumulative defaults, 4816 will be grounds for immediate termination of the Agreement. In the event of any such 4817 subsequent default, City may terminate this Agreement upon giving of written final notice 4818 to Contractor, such cancellation to be effective upon the date specified in City's written 487
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4819 notice to Contractor, and all contractual fees due hereunder plus any and all charges and 4820 interest will be payable to such date, and Contractor will have no further rights hereunder. 4821 Immediately upon the specified date in such final notice, Contractor must cease any 4822 further performance under this Agreement.
4823 30.3 Effective Date. In the event of any of the events specified above, and except as 4824 otherwise provided in such subsections, termination will be effective upon the date 4825 specified in City's written notice to Contractor, and upon such date this Agreement will be 4826 deemed immediately terminated and upon such termination, except for payment of 4827 services rendered up to and including the date of termination, all liability of City under this 4828 Agreement to Contractor will cease, and City will have the right to call the performance 4829 bond and will be free to negotiate with other contractors for the operation of interim and 4830 long-term Collection Services. Contractor must reimburse City for all direct and indirect 4831 costs of providing any interim Solid Waste Collection as a result of Contractor’s default in 4832 this Agreement.
4833 30.4 Termination Cumulative. City’s right to terminate this Agreement is cumulative to 4834 any other rights and remedies provided by law or by this Agreement. 4835 30.5 Alternative Service. Should Contractor, for any reason, except the occurrence or 4836 existence of any of the events or conditions set forth in Section 29.4 (Uncontrollable 4837 Circumstances), refuse or be unable for a period of more than forty-eight (48) hours to 4838 Collect a material portion or all of the Solid Waste which it is obligated under this 4839 Agreement to Collect, and as a result, Solid Waste should accumulate in City to such an 4840 extent, in such a manner, or for such a time that the City Manager, in the reasonable 4841 exercise of the City Manager's discretion, should find that such accumulation endangers 4842 or menaces the public health, safety, or welfare, then City will have the freedom to 4843 contract with another Solid Waste enterprise to Collect any or all Solid Waste which 4844 Contractor is obligated to Collect pursuant to this Contract. City must provide twenty-four 4845 (24) hours prior written notice to Contractor during the period of such event, before 4846 contracting with another Solid Waste enterprise to Collect any or all Solid Waste that 4847 Contractor would otherwise Collect pursuant to this Agreement for the duration of the 4848 period during which Contractor is unable to provide such services. In such event, 4849 Contractor must undertake commercially reasonable efforts to identify sources from which 4850 such substitute Solid Waste services are immediately available and must reimburse City 4851 for all of its expenses for such substitute services during period in which Contractor is 4852 unable to provide Solid Waste Collection required by this Agreement. 4853 30.6 Survival of Certain Contractor Obligations. Notwithstanding the termination of this 4854 Agreement by Contractor or City, Contractor’s obligation to indemnify, defend, and hold 4855 City and City Indemnitees harmless as provided in this Agreement shall survive any 4856 termination of this Agreement. Notwithstanding the termination of this Agreement by 4857 Contractor or City, such act shall not automatically invalidate or cancel any insurance 488
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4858 policy, letter of credit, performance bond, or similar instruments provided by Contractor 4859 under this Agreement, and such policies, letters of credit, performance bonds, and other 4860 instruments shall remain in full force and effect for one (1) full year after termination. 4861 Article 31. Transition to Next Contractor
4862 31.1 In the event Contractor is not awarded an extension or new contract to continue to 4863 provide Solid Waste Collection following the expiration or early termination of this 4864 Agreement, Contractor will cooperate fully and in good faith with City and any subsequent 4865 contractors to assure a smooth transition of services described in this Agreement. Such 4866 cooperation will include, but not be limited to, timely transfer of computer data, files, and 4867 tapes; timely providing routing information, route maps, vehicle fleet information, and list 4868 of Service Recipients; timely providing a complete inventory of all Collection Containers; 4869 timely providing adequate labor and equipment to complete performance of all Solid 4870 Waste Collection required under this Agreement; timely taking reasonable actions 4871 necessary to transfer ownership of Carts and Bins, as appropriate, to City, including 4872 transporting such Containers to a location designated by the Agreement Administrator; 4873 and timely coordinating Collection of Materials set out in new Containers if new 4874 Containers are provided for a subsequent Agreement and providing other reports and 4875 data required by this Agreement. As used herein, “timely” means Contractor acting 4876 promptly upon expiration or early termination of this Agreement to ensure that there is no 4877 disruption of service to Customers and no interruption of billing and collecting of payments 4878 for Collection Services.
4879 OTHER AGREEMENTS OF THE PARTIES
4880 Article 32. Legal Representation
4881 32.1 Acknowledgement. It is acknowledged that each Party was, or had the opportunity 4882 to be, represented by counsel in the preparation of, and contributed equally to the terms 4883 and conditions of, this Agreement, and, accordingly, the rule that a contract will be 4884 interpreted strictly against the Party preparing the same will not apply, due to the joint 4885 contributions of both parties.
4886 Article 33. Conflict of Interest
4887 33.1 Financial Interest. Contractor is unaware of any City employee or official who has 4888 a financial interest in Contractor’s business. During the Term of this Agreement and/or as 4889 a result of being awarded this Agreement, Contractor shall not offer, encourage, or accept 4890 any financial interest in Contractor’s business by any City employee or official. 489
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4891 Article 34. Exempt Waste
4892 34.1 Except as otherwise provided in Sections 9.5 and 10.5 regarding HHW, Contractor 4893 is not required to Collect or Dispose of Exempt Waste but may offer such services. All 4894 such Collection and Disposal of Exempt Waste is not regulated under this Agreement, but 4895 if provided by Contractor must be in strict compliance with all Applicable Laws. 4896 Article 35. Independent Contractor
4897 35.1 In the performance of services pursuant to this Agreement, Contractor is an 4898 independent contractor and not an officer, agent, servant, or employee of City. Contractor 4899 will have exclusive control of the details of the services and work performed, and over all 4900 persons performing such services and work. Contractor is solely responsible for the acts 4901 and omissions of its officers, agents, employees, contractors, and subcontractors, if any. 4902 All employees, agents, contractors or subcontractors hired or retained by Contractor are 4903 employees, agents, contractors or subcontractors of Contractor and not of City. City shall 4904 not be obligated in any way to pay any wage claims or other claims made against 4905 Contractor by any such employees, agents, contractors or subcontractors, or any other 4906 person resulting from performance of this Agreement. In the event that Contractor or any 4907 employee, agent, or subcontractor of Contractor providing services under this Agreement 4908 claims or is determined by a court of competent jurisdiction or the California Public 4909 Employees Retirement System (PERS) to be eligible for enrollment in PERS as an 4910 employee of City, Contractor shall indemnify, defend, and hold harmless City for the 4911 payment of any employee and/or employer contributions for PERS benefits on behalf of 4912 Contractor or its employees, agents, or subcontractors, as well as for the payment of any 4913 penalties and interest on such contributions, which would otherwise be the responsibility 4914 of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or 4915 ordinance to the contrary, To the greatest extent permitted by law, Contractor and its 4916 employees, agents, and subcontractors shall not qualify for or become entitled to, and 4917 hereby agree to waive any claims to, any compensation, benefit, or any incident of 4918 employment by City, including but not limited to eligibility to enroll in PERS as an 4919 employee of City and entitlement to any contribution to be paid by City for employer 4920 contribution and/or employee contributions for PERS benefits. 4921 35.2 Subcontractors. Contractor will require all subcontractors performing work in the 4922 City to enter into a contract containing the provisions set forth in the preceding subsection, 4923 in which contract the subcontractor agrees that Contractor and subcontractor are 4924 independent contractors and have no other agency relationship with City. 490
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4925 Article 36. Laws to Govern
4926 36.1 The laws of the State of California govern the rights, obligations, duties, and 4927 liabilities of City and Contractor under this Agreement, and govern the interpretation of 4928 this Agreement.
4929 Article 37. Consent to Jurisdiction
4930 37.1 The parties agree that any litigation between City and Contractor concerning or 4931 arising out of this Contract must be filed and maintained exclusively in the Superior Courts 4932 of Yolo County, State of California, or in the United States District Court for the Eastern 4933 District of California to the fullest extent permissible by law. Each Party consents to 4934 service of process in any manner authorized by California law. 4935 Article 38. Assignment
4936 38.1 No assignment of this Agreement or any right occurring under this Agreement may 4937 be made in whole or in part by Contractor without the express prior written consent of the 4938 City. City will have full discretion to approve or deny, with or without cause, any proposed 4939 or actual assignment by the Contractor. Any assignment of this Agreement made by 4940 Contractor without the express written consent of the City will be null and void and will be 4941 grounds for City to declare a default of this Agreement and immediately terminate this 4942 Agreement by giving written notice to Contractor, and upon the date of such notice this 4943 Agreement will be deemed immediately terminated, and upon such termination all liability 4944 of City under this Agreement to Contractor will cease, and City will have the right to call 4945 the performance bond and will be free to negotiate with other contractors for the services 4946 that are the subject of this Agreement. In the event of any assignment approved by City, 4947 the assignee must fully assume all the liabilities of Contractor by way of an assignment 4948 and assumption agreement. The sale, assignment, transfer, or other disposition, on a 4949 cumulative basis, of twenty-five percent (25%) or more of the ownership interest in 4950 Contractor or twenty-five percent (25%) or more of the voting control of Contractor 4951 (whether Contractor is a corporation, limited liability company, partnership, joint venture 4952 or otherwise) shall constitute an assignment for purposes of this Agreement, requiring 4953 prior written consent of the City. Further, the involvement of Contractor or its assets in any 4954 transaction or series of transactions (by way of merger, sale, acquisition, financing, 4955 transfer, leveraged buyout, or otherwise), whether or not a formal assignment of this 4956 Agreement, which reduces Contractor’s assets or net worth by twenty-five percent (25%) 4957 or more, shall also constitute an assignment for purposes of this Agreement, also 4958 requiring prior written consent of the City. Upon notification to the City of any proposed 4959 assignment, Contractor shall provide to the City a payment of one hundred fifty thousand 4960 dollars ($150,000) for the City to perform its due diligence related to the requested 4961 assignment.
491
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4962 38.2 The use of a subcontractor to perform services under this Agreement will not 4963 constitute delegation of Contractor’s duties if Contractor has received prior written 4964 authorization from the Agreement Administrator to subcontract such services and the 4965 Agreement Administrator has approved a subcontractor who will perform such services. 4966 Contractor will be responsible for directing the work of Contractor’s subcontractors, and 4967 any compensation due or payable to Contractor’s subcontractor will be the sole 4968 responsibility of Contractor. The Agreement Administrator will have the right to require the 4969 removal of any approved subcontractor for reasonable cause. 4970 Article 39. Compliance with Laws
4971 39.1 In the performance of this Agreement, Contractor must comply with all Applicable 4972 Laws, including, without limitation, the West Sacramento Municipal Code. 4973 39.2 City shall provide written notice to Contractor of any planned amendment of the 4974 West Sacramento Municipal Code that would substantially affect the performance of 4975 Contractor’s services pursuant to this Agreement. Such notice must be provided at least 4976 thirty (30) calendar days prior to the City Council’s approval of such an amendment. 4977 Article 40. Permits and Licenses
4978 40.1 Contractor shall obtain, at its own expense, all permits and licenses required by 4979 law or ordinance, and shall maintain same in full force and effect throughout the Term of 4980 this Agreement. Contractor must provide proof of such permits, licenses, or approvals and 4981 must demonstrate compliance with the terms and conditions of such permits, licenses, 4982 and approvals upon the request of the Agreement Administrator. 4983 40.2 The Contractor must procure and maintain a valid City Business License 4984 throughout the Term of the Agreement.
4985 Article 41. Ownership of Written Materials
4986 41.1 Contractor hereby grants City a non-exclusive license to all reports, documents, 4987 brochures, public education materials, and other similar written, printed, electronic, or 4988 photographic materials developed by Contractor at the request of City or as required 4989 under this Agreement and intended for public use, without limitation or restrictions on the 4990 use of such materials by City. Contractor may not use such materials that specifically 4991 reference City for other purposes without the prior written consent of the Agreement 4992 Administrator. This Article does not apply to ideas or concepts described in such materials 4993 and does not apply to the format of such materials. 492
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4994 Article 42. Waiver
4995 42.1 Waiver by City or Contractor of any breach for violation of any term, covenant, or 4996 condition of this Agreement will not be deemed to be a waiver of any other term, covenant, 4997 or condition or any subsequent breach for violation of the same or of any other term, 4998 covenant, or condition. The subsequent acceptance by City of any fee, tax, or any other 4999 monies which may become due from Contractor to City will not be deemed to be a waiver 5000 by City of any breach for violation of any term, covenant, or condition of this Agreement. 5001 Article 43. Prohibition Against Gifts
5002 43.1 Contractor shall not offer any gifts to any elected official, appointed officer or 5003 employee of City, or any relative or spouse of such elected official, appointed officer or 5004 employee. For purposes of this Section, “gift” shall be defined as set forth in the 5005 Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code 5006 of Regulations.
5007 Article 44. Point of Contact
5008 44.1 The day-to-day dealings between Contractor and City will be between Contractor 5009 and the Agreement Administrator.
5010 Article 45. Notices
5011 45.1 Except as provided in this Agreement, whenever either Party desires to give notice 5012 to the other, it must be given by written notice addressed to the Party for whom it is 5013 intended, at the place last specified, and to the place for giving of notice in compliance 5014 with the provisions of this Section. For the present, the parties designate the following as 5015 the respective persons and places for giving of notice:
5016 As to the City:
5017 ________________
5018 ________________
5019 ________________
5020 As to the Contractor:
5021 ________________
5022 ________________
5023 ________________
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5024 45.2 Notices given by personal delivery shall be effective immediately. Notices given by 5025 mail shall be deemed to have been delivered forty-eight (48) hours after having been 5026 deposited in the United States mail. Changes in the respective address to which such 5027 notice is to be directed may be made by written notice. 5028 45.3 Notice by City to Contractor of a Collection or other Service Recipient problem or 5029 complaint may be given to Contractor orally by telephone at Contractor’s local office with 5030 confirmation sent to Contractor through the Customer Service System by the end of the 5031 Workday.
5032 MISCELLANEOUS AGREEMENTS
5033 Article 46. Nondiscrimination
5034 46.1 Nondiscrimination. In the performance of all work and services performed under 5035 this Agreement, Contractor shall not discriminate, nor permit any 5036 subcontractor to discriminate, against any person on account of race, color, national 5037 origin, ancestry, religion, sex, age, physical disability, medical condition, sexual 5038 orientation, marital status, or other characteristic, in violation of any applicable local, 5039 State, or Federal law or regulation regarding nondiscrimination, including those 5040 prohibiting discrimination in employment.
5041 Article 47. Entire Agreement
5042 47.1 This Agreement and the attached Exhibits constitute the entire Agreement and 5043 understanding between the parties, and the Agreement will not be considered modified, 5044 altered, changed, or amended in any respect unless in writing and signed by the parties. 5045 Article 48. Severability
5046 48.1 If any provision of this Agreement or the application of it to any person or situation 5047 is to any extent held invalid or unenforceable, the remainder of this Agreement and the 5048 application of such provisions to persons or situations other than those as to which it is 5049 held invalid or unenforceable, will not be affected, will continue in full force and effect, and 5050 will be enforced to the fullest extent permitted by law. 5051 Article 49. Right to Require Performance
5052 49.1 The failure of City at any time to require performance by Contractor of any provision 5053 of this Agreement will in no way affect the right of City thereafter to enforce same. Nor will 5054 waiver by City of any breach of any provision of this Agreement be taken or held to be a 5055 waiver of any succeeding breach of such provision or as a waiver of any provision itself. 494
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5056 Article 50. All Prior Agreements Superseded
5057 50.1 This Agreement incorporates and includes all prior negotiations, correspondence, 5058 conversations, agreements, and understandings applicable to the matters contained in 5059 this Agreement, and the parties agree that there are no commitments, agreements, or 5060 understandings concerning the subject matter of this Agreement that are not contained in 5061 this document. Accordingly, it is agreed that no deviation from the terms of this Agreement 5062 will be predicated upon any prior representations or agreements, whether oral or written. 5063 Article 51. Headings
5064 51.1 Headings in this document are for convenience of reference only and are not to be 5065 considered in any interpretation of this Agreement. 5066 Article 52. Exhibits
5067 52.1 Each Exhibit referred to in this Agreement forms an essential part of this 5068 Agreement. Each such Exhibit is a part of this Agreement, and each is incorporated by 5069 this reference. In the event of any conflicts between this Agreement and the Exhibits, then 5070 this Agreement shall take priority.
5071 Article 53. Attorney’s Fees
5072 53.1 If litigation is brought by a party in connection with this Agreement, the prevailing 5073 party will be entitled to recover from the opposing party all costs and expenses, including 5074 reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its 5075 rights or remedies under this Agreement or the enforcement of any of the terms, 5076 conditions, or provisions of this Agreement.
5077 Article 54. Representations and Warranties
5078 The Parties, by acceptance of this Agreement, represents and warrants the conditions 5079 presented in the Article, as of the date of Contractor’s signature hereon. 5080 54.1 Corporate Status. The Contractor is a limited liability company duly organized, 5081 validly existing and in good standing under the laws of the State of Delaware. It is qualified 5082 to transact business in the State of California and has the power to own its properties and 5083 to carry on its business as now owned and operated and as required by this Agreement. 5084 54.2 Corporate Authorization. Contractor has the authority to enter this Agreement and 5085 perform its obligations under this Agreement. The Board of Directors of Contractor (or the 5086 shareholders, if necessary) has taken all actions required by law, its articles of 5087 incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. The 495
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5088 person signing this Agreement on behalf of Contractor represents and warrants that they 5089 have the authority to do so. This Agreement constitutes the legal, valid, and binding 5090 obligation of the Contractor.
5091 54.3 Agreement Will Not Cause Breach. To the best of each Party's knowledge after 5092 responsible investigation, the execution or delivery of this Agreement or the performance 5093 of their respective obligations hereunder does not conflict with, violate, or result in a 5094 breach: (i) of any applicable law or governmental regulation; or (ii) any term or condition 5095 of any judgment, order, decree, of any court, administrative agency or other governmental 5096 authority, or any Agreement or instrument to which it is a party or by which it or any of its 5097 properties or assets are bound, or constitutes a default thereunder. 5098 54.4 No Litigation. To the best of each Party's knowledge after responsible investigation, 5099 there is no action, suit, proceeding or investigation, at law or in equity, any court or 5100 governmental authority, commission, board, agency or instrumentality, pending or 5101 threatened against it wherein an unfavorable decision, ruling or finding, in any single case 5102 or in the aggregate would:
5103 54.4.1 Materially adversely affect the performance by it of its obligations 5104 hereunder;
5105 54.4.2 Adversely affect the validity or enforceability of this Agreement; or 5106 54.4.3 Have a material adverse effect on the financial conditions of it, or any 5107 surety or entity guaranteeing its performance under this Agreement. 5108 54.5 No Adverse Judicial Decisions. To the best of each Party's knowledge after 5109 responsible investigation, there is no judicial decision that would prohibit this Agreement 5110 or subject this Agreement to legal challenge.
5111 54.6 No Legal Prohibition. To the best of each Party's knowledge after reasonable 5112 investigation, there is no Applicable Law in effect on the date it signed this Agreement that 5113 would prohibit its performance of its obligations under this Agreement and the 5114 transactions contemplated hereby.
5115 54.7 Contractor’s Investigation. Contractor has made an independent investigation 5116 (satisfactory to it) of the conditions and circumstances surrounding the Agreement and 5117 the work to be performed hereunder. Contractor has taken such matters into 5118 consideration in entering this Agreement to provide services in exchange for the 5119 compensation provided for under the terms of this Agreement. 496
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5120 STATEMENT OF COMMENCEMENT DATE, SIGNATURES
5121 Article 55. Commencement Date
5122 55.1 This Agreement will become effective when it is properly executed by City and 5123 Contractor, and Contractor will commence Solid Waste Collection under this Agreement 5124 as of July 1, 2027.
5125
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5126 IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the respective 5127 date(s) below each signature.
5128 CITY OF WEST SACRAMENTO CONTRACTOR
5129 A General Law City
5130 By: ________________________ By: ________________________ 5131
5132
5133 Title: _______________________ By: _____________________________ 5134 Chief Executive Officer
5135
5136 ATTEST: ____________________
5137 City Clerk
5138 APPROVED AS TO FORM
5139 City Attorney
5140
5141 By: _________________________
5142
498
Exhibit 1
Maximum Service Rates
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499
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 & Senior 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 (beyond 2 included at no charge) each cart $13.40 $13.40 $13.40 Additional Organic Waste Cart (beyond 4 included at no charge) 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 Collection Service per additional Clean Up $86.25 Additional HHW pick up ( At Your Door ) per occurrence $229.99 Kitchen Pail Replacement per occurrence $10.00
Overage Fee per occurrence $25.61
Contamination Fee per occurrence $25.61
Extra Pick up Fees (Service Day) per occurrence $13.23
Extra Pick up Fees (Non-Service Day) per occurrence $67.07 On-Premises Service (per month) per month $50.00
Late Fee Monthly Balance past 60 days 7.5%
SFD Other / Additional Services
Rate Schedule Effective 7/1/2027 (10-Year Term)
SFD Garbage (Garbage rate is a bundled rate that may include up to (2) 96-Gallon Recycling and (4) 96-Gallon Organic Waste. The default service bundle includes (1) Garbage, (1) Recycling, and (1) Organic Waste.

GreenWaste Recovery, LLC
Form J, Tab A: Single-Family Dwelling Maximum Service Rates TAB A SFD Rates