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HomeMy WebLinkAboutCM MSS Franchise Agreement Amendment 5FIFTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE THIS FIFTH AMENDMENT to the Amendment and Restatement of Collection Agreement of the City of San Rafael (City) with Marin Sanitary Service (Company) is made and entered into this 18 day of November, 2024. WHEREAS, the City and Company entered into a written agreement on September 4, 2001, as amended on March 1, 2005, November 14, 2012, December 17, 2018, and December 6, 2021 (together the "Agreement") pursuantto which the Company renders Solid Waste, Recyclable Material and Green Waste collection, processing and disposal services to businesses, residents and government institutions in the City; and WHEREAS, since 2018, the City has implemented strategies through an Illegal Dumping Pilot Program to improve the condition and safety of public areas, collaborating with City departments, Company, contractors, and the community to address illegal dumping; and WHEREAS, by utilizing data -driven analysis and innovative approaches, the City and Company have identified effective services to improve illegal dumping outcomes and now seek to establish a formal program of service, which includes bulky item collection at multifamily residential properties, further solidifying their commitment to maintain well -kept and secure public spaces; and WHEREAS, the City and Company now desire to add an ongoing Illegal Dumping Prevention Program to the suite of services provided by the Company; and WHEREAS, a change in compensation to the Company is necessary and warranted to compensate the Companyfor provision of the Illegal Dumping Prevention Program; and WHEREAS, the City and Company have met in good faith to develop the terms, conditions, and compensation for provision of the Illegal Dumping Prevention Program; and WHEREAS, a key component of the Illegal Dumping Prevention Program is the establishment of a new position, which the City will employ on behalf of Company, to oversee waste management and the Illegal Dumping Prevention Program; and WHEREAS, the Company has requested adjustments to terms of services to protect worker health and safety by requiring the use of Company provided containers for general solid waste collection; and WHEREAS, the City and Company have negotiated and agree to revisions in definitions, terms and conditions regarding fees paid by Company to City, NOW THEREFORE, it is mutually agreed as follows: 1. Section 1. Definitions, shall be amended to add: "Illegal Dumping Prevention Program" means a comprehensive suite of services designed to address illegal dumping across the City through equitable access to disposal options, Page 1 FIFTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE targeted outreach and engagement, and robust enforcement'strategies. The program emphasizes collaboration between City departments, the Company, and community partners to maintain clean, safe public spaces while providing practical, accessible waste management solutions. 2. Section 3. Services, Rate Setting and Rates, Equipment, shall be amended to add: (B) Exhibit C sets forth the current, maximum schedule of rates for services. The City Council may authorize amendments to Exhibit C, from time to time, in accordance with the parties' agreed upon rate setting methodology set forth in Exhibit B. (E) Compensation Adjustment for New Programs: (1) 2025 Adjustment to Compensation for New Programs. Company's compensation via Collector Operations (as per Exhibit B Section III.A) shall be adjusted by $571,291 (not inclusive of profit margin or franchise fee) effective January 1, 2025 to compensate the Company for the first of a three-year phase -in period implementing the Illegal Dumping Prevention Program. (2) 2026 Adjustment to Compensation for New Programs. Company's compensation via Collector Operations (as per Exhibit B Section III.A) shall be adjusted by $162,078 (not inclusive of profit margin or franchise fee) effective January 1, 2026 to compensate the Company for the second of a three-year phase -in period implementing the Illegal Dumping Prevention Program. (3) 2027 Adjustment to Compensation for New Programs. Company's compensation via Collector Operations (as per Exhibit B Section III.A) shall be adjusted by $167,750 (not inclusive of profit margin or franchise fee) effective January 1, 2027 to compensate the Company for the third and final year of a three-year phase -in period implementing the Illegal Dumping Prevention Program. (4) Company shall provide all elements of the Illegal Dumping Prevention Program in all subsequent years without further adjustment to compensation beyond those stated above. 3. Section 11. Franchise Fee, shall be replaced in its entirety as follows: Company shall pay to the City a Cost of Service Fee, Vehicle Impact Fee, Franchise Fee and other fees, as determined by the Parties or the City Council, to compensate the City for its solid waste -related costs, the impacts to City property, and the value of the Company's use of City property for solid waste related services. The fees are set forth in Exhibit B (Collector's Rate Revenue Requirement and Rate Adjustment). 4. Exhibit A - Description of Services, is replaced in its entirety as attached hereto. Page 2 FIFTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE 5. Exhibit B — Collector's Rate Revenue Requirement and Rate Adjustment, is amended as follows: Section II. B.6.d. Forecasted Other Agency Fees Expense, is replaced in its entirety as follows: "The City Council may establish and impose, by ordinance or resolution, fees or charges for benefits conferred, privileges granted, or services or products provided to Company, or for the City's reasonable regulatory costs, related to or involving Company's responsibilities under this Agreement, including, without limitation, the responsibilities set forth in Exhibit A. " Section 11.6.9. Forecasted Franchise Fees Expense, is replaced in its entirety as follows: "City and Company agree that Company will pay City a franchise fee for the value of City property used by Company to provide solid waste -related services. The Franchise Fee for use of City property shall be in an amount determined by the parties to reflect the reasonable value of City property used in Company's provision of solid waste -related services and for Company's purposes and/or responsibilities under this agreement. The Franchise Fee shall not exceed the reasonable market value of the City property. For calendar year 2025 the parties have determined, based on available data, that the value of the City property used by Company for the provision of solid waste -related services shall not exceed $1,474,000. The parties further agree that the reasonable market value of the City property will increase annually in proportion to the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco Bay Area (U.S. Bureau of Labor Statistics series ID: CUURS49BSA0). City may set the franchise fee, by ordinance or resolution, at any amount equal to or less than the reasonable market value of the City property, as determined by the parties and set forth in this agreement." Section III.F. Franchise Fees, is revised as follows: "The Forecasted Franchise Fees category for the Rate Year shall be determined in accordance with Section 11.B.9 above." Section III.G. Other Agency Fees, is revised as follows: "The Forecasted Other Agency Fees category for the Rate Year shall be determined in accordance with Section II.B.6.d above." 6. City and Company agree and acknowledge that, except as explicitly modified by this Amendment, the Agreement remains in full force and effect. Page 3 FIFTH AMENDMENT TO THE AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY SERVICE IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the day and year first above written. lYAM7,, 2-`1 Date (month, day and year) Marin Sanitary Service By: ALL i Presiden Secretary Nov 18, 2024 Date (month, day and year) City of San Rafael crishne, A lovich By: City Manager By: - City Clerk APPROVED AS TO FORM: Robed T IcekelN By: Robed F. Epstein Mw 16. 2074 le 79 P67) City Attorney Page 4 Exhibit A: Description of Services I. GENERAL Company's Responsibilities Under Agreement: Company's responsibilities under this Agreement broadly include collection and removal of solid waste in the City. This includes solid waste materials that are not set out for proper collection and removal by Company's customers and which contribute to litter and illegal dumping and thus the need for street sweeping, removal of waste from catch basins, and illegal dumping prevention programs and services. Company authorizes City to provide all street sweeping and catch basin waste removal programs and services and agrees to compensate the City for provision of those services and illegal dumping prevention programs (as provided in this Agreement) via payment of the City fees set by the City pursuant to Section II.B.6.d of Exhibit B to this Agreement. Illegal Dumping Prevention Program COMPANY shall make efforts to reduce illegal dumping by providing equitable and comprehensive disposal options, as well as support for enhanced community outreach, engagement, and stronger enforcement, led by a full-time Waste Management Coordinator, employed by the City on the Company's behalf. The Illegal Dumping Prevention Program (IDP) is a collaborative initiative involving City departments, COMPANY, and community partners, aimed at ensuring cleaner public spaces and improved waste management for all residents. As part of the IDP, COMPANY shall compensate CITYforthe Waste Management Coordinator, with an annual cost of $165,000 in 2025, adjusted annually by CPI. COMPANY will pay 1/12th of this amount on the 15th of each month. Additionally, COMPANY shall compensate CITY or pay directly $129,140 in 2025 for additional outreach, education, and enforcement services materials, also adjusted by CPI annually over time. COMPANY will pay 1/12th of this amount on the 15th of each month. COMPANY shall also provide support for up to 12 annual Debris Box Day events (or up to 24 provided City authorizes additional compensation) per year. City reserves right to enact reduction in program compensation if performance does not meet expected outcomes. Program specifics are further described in Section III of this Exhibit A. Updated 10-22-2024 1 1 P a g e Exhibit A: Description of Services COMPANY shall track and report to CITY all instances of the following, on a quarterly basis: A. Roll -off containers (pertaining to IDP program) delivered to Multi -family dwellings, including date of delivery and pick up, address of complex, and tonnage collected. B. On -call bulky item pick-ups at Multi -family dwellings by date and address/unit number and quantity of items collected. C. Bulky waste coupons used by Multi -family dwellings by date and address/unit number and quantity of items collected. D. Debris Box Day Events by date, number of containers delivered, and tonnage collected. E. City disposal of illegal dumping debris at Marin Resource Recovery Center. Recyclable Materials Processing Facility: COMPANYshall continue to provide full service processing, marketing and sale of Recyclable Materials collected by the COMPANY within the CITY at the Recyclable Materials processing facility located at 535 Jacoby Street in San Rafael (the "Marin Recycling Center"), which is operated by the COMPANY'S affiliated company, Marin Recycling & Resource Recovery Association. COMPANY and CITY agree that the charges for rate revenues for Recyclable Materials processing to be billed by the COMPANY as described in Exhibit B are predicated on the COMPANY continuing to process Recyclable Materials at the Marin Recycling Center. Under no circumstances may the COMPANY cease processing of the CITY'S Recyclable Materials at the Marin Recycling facility without prior approval of the CITY. The COMPANY may temporarily ship Recyclable Materials to other processing facilities at its discretion as needed while repairs or upgrades are made to the Marin Recycling facility, but any such temporary shipment of Recyclable Materials is at the COMPANY'S sole expense and risk without any change in the rate revenues and charges for Recyclable Materials processing via either an Indexed Year approach or a Base Year approach. Education, Outreach, Technical Assistance, Monitoring, Compliance Services: COMPANY shall continue to provide CITY with outreach, education, technical assistance, monitoring and compliance services to residents, multi -family dwellings and commercial businesses. The CITY and COMPANY intend for these services to: provide information to customers regarding the services offered by the COMPANY as provided for via the Agreement; encourage, incentivize and maximize participation in recycling and organics collection programs, and; implement the requirements of state Updated 10-22-2024 Exhibit A: Description of Services laws AB 341, AB 1826, SB 1383, and any other solid waste, recycling and organics state law requirements applicable to CITY and/or COMPANY. The CITY and COMPANY further intend to define specific and quantifiable performance targets and reporting requirements for these services so that the CITY and COMPANY can accurately and consistently evaluate and monitor progress towards landfill diversion goals and state laws. To that end, the CITY and COMPANY agree to develop mutually agreeable quantitative performance targets and reporting requirements for these services by June 30, 2019. These will supplement other reporting and performance requirements in the Agreement and are not intended to change or replace them in any way. Marin Sanitary Service (COMPANY) shall provide Collection services using modern automated and semi- automated equipment with the COMPANY's name and telephone number clearly visible from the outside of the vehicle or equipment. COMPANY shall provide Carts or bins to Residential, Multifamily, and Commercial Customers that are clearly labeled for their allowable contents, with solid waste, recyclable or compostable materials. All containers provided by the COMPANY are the property of the COMPANY. Company to provide customer billing and payment options including automatic billing, credit card billing, and online payments. II. RESIDENTIAL SERVICE (THREE OR FEWER UNITS IN A SINGLE STRUCTURE) Solid Waste COMPANY shall provide automated or semi -automated tipper Carts in 20-, 32-, 64-, and 96-gallon capacities to be placed at the curb or COMPANY -designated location for one time per week Collection at the rates and fees listed in Exhibit C. Carts should be placed at the designated Collection location by 6:00 am the day of service. Lids of carts must close. Customers may place additional bags not to exceed 32 gallons in size and 60 pounds by weight for a fee as listed in Exhibit C. Items placed outside the Cart or overflowing Carts will incur an additional charge as listed in Exhibit C. Carts are the property of the COMPANY. COMPANY will determine the appropriate Collection location. Solid Waste placed in COMPANY -provided Carts or at the curb for Collection is the property of COMPANY. Low-income rates are available for customers who meet the PG&E CARE Program qualifications. 3 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services Recyclable Materials As part of the Residential Customer rates, COMPANY shall provide all Residential Customers with one (1) 64-gallon Split cart for Recyclable Materials with one side for paper and fiber products, and one side for acceptable glass, metal and plastic excluding polystyrene, plastic bags and compostable plastics. Acceptable materials may change depending on the markets. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). Cardboard must be broken down small enough to easily slide out of the cart. Large cardboard boxes may also be broken down and tied into 24" x 24" bundles and left beside the Recycling container. Carts must be placed at the curb or, upon approval of COMPANY, the designated Collection location next to their Solid Waste container for one time per week Collection by 6:00 am the day of service. All Residential Customers must be offered Recyclable Materials Collection services. Additional split carts are available for a nominal monthly fee as listed in Exhibit C. Recyclable Materials placed in COMPANY -provided Carts or at the curb for Collection are the property of COMPANY, and the theft thereof is a crime. Compostable (Organic) Materials As part of the Residential Customer rates, COMPANY shall provide each Residential Customer with two (2) 32, 64, or 96-gallon Compostable Materials Cart to be placed at the curb or COMPANY - approved designated Collection location next to their Solid Waste container for one time per week Collection by 6:00 am the day of service. All Residential Customers must be offered Compostable Materials Collection for the collection of accepted Yard Trimmings, Food Waste and Food Soiled Papers in the same Container. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). Only COMPANY provided tipper carts will be allowed for the weekly collection of compostable materials. Up to four (4) additional Compostable Materials Carts beyond the first two (2) shall be provided to a Residential Customer upon request, at a cost specified in Exhibit C. Compostable Materials placed in COMPANY -provided Carts or at the curb for Collection are the property of COMPANY. Additional Services CLEAN-UP PROGRAMS COMPANY shall provide Residential Customers with two (2) scheduled Clean-up Collection events per calendar year for extra Solid Waste, Recyclable Materials, and/or Compostable Materials at no 4 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services additional cost to the Customers provided that COMPANY's costs for such events shall constitute costs of operation included in the rate base and compensated for through the rates. COMPANY shall also provide all Residential Customers with two (2) on -call pickups of Bulky Items per calendar year on their regularly scheduled Collection day, upon Customer request. COMPANY will also provide on -call Bulky Item pickups beyond two (2) per Residential Customer per calendar year for an additional fee as listed in Exhibit C. These Bulky Items may be Collected in non -compaction vehicles, or in compaction vehicles if the materials are not compacted, and taken to the Designated Processing Facility for sorting. COMPANY shall schedule Clean-up Collection events in such a manner that all Residential Customers shall receive Clean-up Collection services on their regularly scheduled Collection day. Extra Solid Waste, and/or Recyclable Materials can also be Collected for a fee as listed in Exhibit C in customer provided bags, not to exceed 32 gallons in size and 60 pounds by weight, when placed next to the regular container on Collection day. If an Operations Manager determines it is safe to collect overweight or oversized items, an additional fee will be charged as listed in Exhibit C to cover the cost of extra labor and/or equipment. Semi -Annual Scheduled Clean -Up Service Guidelines For each Clean-up Collection event, each Customer shall be permitted to place up to two (2) cubic yards (equivalent to fourteen (14) standard 32-gallon bags) of Solid Waste, Recyclable Materials and/or Compostable Materials for Collection by COMPANY at no charge. In the event Customer places more than two (2) cubic yards of materials for Collection, COMPANY shall charge the Customer for additional Collection services as listed in Exhibit C. COMPANY shall require Customers to adhere to the following guidelines: A. No Bulky Items will be collected. B. No rocks, cement, dirt or Hazardous Waste shall be accepted. C. Materials shall be placed in disposable bags/containers, cardboard boxes or customer owned 32-gallon cans or bags. COMPANY will only empty customer owned cans that are not more than 32 gallons in volume and are less than 60 pounds in weight. Recyclables s 1 F a g e Updated 10-22-2024 Exhibit A: Description of Services and/or yard waste should be placed in paper bags or cardboard boxes to ensure they are recycled. D. Discarded materials to be Collected in the Clean-up event shall be placed at the designated Collection location by the Generator by 6:00 a.m. on the pickup day to ensure Collection, but in no case shall be placed more than twenty-four (24) hours prior to the pick-up day. On -Call Bulky Item Service Guidelines: Each Residential Customer may call prior to their regular Collection day and schedule two (2) collections of up to two Bulky Items each per calendar year. COMPANY shall require Customers to adhere to the following guidelines: A. Customer must call in at least 24 hours on a regular business day (excluding weekends and holidays) prior to their regular Collection day to have Bulky Items collected and give the approximate size and weight of the Item so appropriate truck, equipment and number of drivers can be determined. B. No more than two (2) Bulky Items will be collected. C. Any Bulky Item that is over 60 pounds, greater than 6 feet in length, or that cannot be collected safely by one driver -operator, will be charged an additional special handling fee as set forth in Exhibit C. COMPANY may provide on -call Bulky Item pickups beyond two (2) per Residential Customer per calendar year for an additional fee as listed in Exhibit C. These Bulky Items will be Collected in non - compaction vehicles and taken to the Designated Processing Facility for sorting. Holiday trees will be Collected curbside on the regularly -scheduled pickup day during a two- (2) week period beginning on the Monday following the first Saturday after January 1. If trees are greater than six (6) feet in length, they must be cut in half. All metal stands, plastic tree bags, ornaments, and decorations of any sort must be removed. Flocked trees will not be accepted. 6 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services III. MULTI -FAMILY SERVICE (4 OR MORE SERVICE UNITS) Solid Waste COMPANY shall provide semi -automated or automated tipper Carts in 32-, 64-, and 96-gallon capacities to be placed for Collection at the curb or, upon approval of COMPANY, the designated Collection location. COMPANY will also provide Bins with 1-6, 10-, or 18-cubic yard capacities for large volumes of material. COMPANY will determine the size and type of container depending on materials generated, recycled and diverted, safety, collection vehicle and service location. Service levels shall range from one time per week to six times per week but should be adequate for the volume of material generated. Lids of containers must close and should not be overflowing. Extra fees may be incurred for extra bags or overloaded bins as listed in Exhibit C. Each Multi -Family Customer must maintain a 32 gallon per living unit equivalency minimum service level, which the COMPANY may reduce based on actual waste reduction and diversion results. COMPANY retains approval of all service locations for carts not at the curb and for bins. COMPANY shall also service Customer -owned compactor units for the fees as listed in Exhibit C. For safety and equipment purposes, COMPANY retains right of approval as to the type of compactor to be serviced and the service location. Recyclable Materials COMPANY shall provide all Multi -Family Customers with unlimited collection of acceptable glass, metal and plastic excluding polystyrene, plastic bags and compostable plastics. Acceptable materials may change depending on the markets. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). These materials will be collected in Company provided 32 or 64-gallon color - coded tipper carts: blue for paper and paper -fiber products, and brown for accepted commingled glass, metal and plastics. Collection is available from one time per week to six times per week. Cardboard placed in carts must be broken down small enough to easily slide out of the cart. Large cardboard boxes may also be broken down and tied into 24" x 24" bundles and left beside the Recycling container. 1-2 cubic yard rear loading bins are available for large amounts of cardboard collection with COMPANY's approval of size and location. COMPANY will evaluate the appropriate container sizes on an individual customer basis. Pickups can be scheduled from one time per week to six times per week. Recyclable Materials placed in COMPANY -provided containers or at the curb for Collection are the property of the COMPANY. 7 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services Compostable (Organic) Materials COMPANY will provide post -consumer Compostable Materials collection at all Multi -Family Dwellings and that parallel the Single -Family Residential program. Customers will be provided up to four (4) 32- or 64- gallon tipper green carts for the collection of accepted Yard Trimmings, Food Waste and Food Soiled Paper in the same Container. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). Additional carts beyond four may be rented at a nominal monthly fee as listed in Exhibit C. In addition, Multi -Family tenants may receive kitchen pails at no additional cost to the tenant or property manager for the collection of compostable materials after participating in a COMPANY provided training. Additional Services COMPANY is to perform a visual waste audit at least one time per year for each Multi -Family account to provide an estimate of the amount of Recyclable Materials and Compostable Materials still in the Solid Waste container to help guide the Customer in service changes to increase diversion. COMPANY will provide services to comply with all state laws regarding recycling and organics diversion. On -site Collection of solid Waste, recyclable materials and compostable materials carts not at the curb — excluding the services listed in the following section —is available for an extra charge as set forth in Exhibit C. CLEAN-UP PROGRAMS COMPANY shall provide Multi -Family Customers with two (2) scheduled collection events per calendar year of up to two (2) Bulky Items or the equivalent of up to two (2) cubic yards per unit of Extra Solid Waste, Recyclable Materials, and/or Compostable Materials per unit, for all units served by the account, during two (2) scheduled collection events per calendar year, at no additional cost to the Customers provided that COMPANY's costs for such events shall constitute costs of operation included in the rate base and compensated for through the rates. These two scheduled collection events per calendar year shall consist of some combination of the services described in the subsequent subsection, "Bulky Item Service Guidelines". Bulky Item Service Guidelines: 8 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services Each Multi -Family Customer is entitled to one or a combination of the following services, based on the discretion of the property manager, not exceeding a total equivalent of 2 cubic yards per unit, twice per calendar year: 1. Roll -off Dumpster Service shall be made available to properties according to the following terms: A. Property managers may select a service equivalent to up to 2 cubic yards per unit. B. The property manager shall designate the location for the placement of the roll -off dumpster on the property. C. Excess Solid Waste, Recyclable Materials, Organic Materials, and bulky items are accepted for disposal. 2. On -Call Bulky Item Collection service shall be made available to properties according to the following terms: A. Customers are entitled to up to two bulky item collections per year on a per -unit basis. B. Each collection shall include up to two bulky items per unit or the equivalent of up to 2 cubic yards per unit. C. Should residents require disposal of more than two items or 2 cubic yards per unit, they may pay the special collection fees applicable to single-family residents under the current program. Payment for additional items must be made in advance by the customer. 3. Coupon for Drop -Off at Material Recovery and Recycling Center (MRRC) shall be made available to MFD customers according to the following terms: A. Customers may receive up to two coupons per unit for drop-off at the MRRC. B. Each coupon entitles the drop-off of up to 2 cubic yards per unit. C. Customers or property managers are responsible for the transportation of items to the MRRC. Combination of Services: Should a combination of roll -off and on -call or coupon services be used, the total cubic yardage shall be deducted from additional service options. For example: 9 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services A. If a property manager utilizes the roll -off dumpster service at the beginning of the year, they may request a second collection on a per -unit basis or redeem one coupon later in the year. B. If a property manager utilizes an on -call bulky item collection for 50% of the units, they may order a roll -off dumpster for the equivalent volume of the remaining units. Special pickups of Bulky Items and Excess Solid Waste beyond the two standard pickups of up to two (2) cubic yards per Multi -Family Customer per calendar year may be requested by Multi -Family Customers for additional fees as listed in Exhibit C, provided that such a request may only be made by the bill payer (Property Manager or Owner) and not by the occupant of an individual unit. If an individual occupant pays his or her own collection service bill, only then will they be allowed to schedule special pick-ups. COMPANY may provide fee estimates to Customer while scheduling the pickup. These Bulky Items may be Collected in non -compaction vehicles, or in compaction vehicles if the materials are not compacted, and taken to the Designated Processing Site for sorting resulting in greater re -use and recycling. Extra material can be Collected for a fee as listed in Exhibit C in customer provided bags not greater than 32 gallons in size and 60 pounds by weight when placed next to the regular container on Collection day. COMPANY will collaborate with CITY to implement up to 12 Debris Box Day events (or up to 24 provided City authorizes additional compensation) throughout the year as designated by the CITY. Specifically, COMPANY will furnish debris box rental and Bulky Waste Disposal for each event at the service level necessary to ensure sufficient capacity throughout the duration of each event. IV. COMMERCIAL SERVICE Solid Waste COMPANY shall provide semi -automated or automated tipper Carts in 32-, 64-, and 96-gallon capacities to be placed for Collection at the curb or, upon approval of COMPANY, the designated Collection location. COMPANY will also provide Bins with 1-6, 10-, or 18-cubic yard capacities for large volumes of material. COMPANY will determine the size and type of container depending on materials generated, recycled and diverted, safety, collection vehicle and service location. Service levels shall range from one time per week to six times per week. Each Commercial Customer must subscribe to a level of service that is adequate for the volume of material generated. Lids of containers must close and should not be overflowing. Extra fees may be incurred for extra bags or overloaded bins as listed in Exhibit C. COMPANY retains approval of all service locations for carts not at the curb and for bins. COMPANY shall also service Customer -owned 101Page Updated 10-22-2024 Exhibit A: Description of Services compactor units for the fees as listed in Exhibit C. For safety and equipment purposes, COMPANY retains right of approval as to the type of compactor to be serviced and service location. Recyclable Materials COMPANY shall provide all Commercial Customers with unlimited collection of acceptable glass, metal and plastic bottles, jugs and containers excluding polystyrene, plastic bags and compostable plastics. Acceptable materials may change depending on the markets. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). These materials will be collected in Company provided 32 or 64-gallon tipper carts color -coded carts: blue for paper and paper -fiber products, and brown for accepted commingled glass, metal and plastics. Collection is available from one time per week to six times per week. Cardboard placed in carts must be broken down small enough to easily slide out of the cart. Large cardboard boxes may also be broken down and tied into 24" x 24" bundles and left beside the Recycling container. 1-2 cubic yard rear loading bins are available for large amounts of cardboard collection with COMPANY's approval of size and location. COMPANY will evaluate the appropriate container sizes on an individual customer basis. Pickups can be scheduled from one time per week to six times per week. Recyclable Materials placed in COMPANY -provided containers or at the curb for Collection are the property of the COMPANY. Compostable (Organic) Materials Two options are available for Commercial Business for collection of Organic materials. Both programs are offered at a discounted rate to commercial customers as listed in Exhibit C. Commercial Composting COMPANY will provide post -consumer Compostable Materials collection at Commercial Businesses that would parallel the Single -Family Residential program. Customers will be provided 32- or 64-gallon tipper green carts forthe collection of accepted Yard Trimmings, Food Waste and Food Soiled Papers in the same Container. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). By special request and upon approval of the Company, 1-2 cubic yard bins may be available. Monthly collection fees are listed in Exhibit C. 111Page Updated 10-22-2024 Exhibit A: Description of Services Commercial Food to Energy (F2E) program in partnership with Central Marin Sanitation Agency COMPANY will provide restaurants, grocery stores, cafeterias, and other similar businesses with 32 and/or 64-gallon tipper dark green carts for the collection of a subset of Food Waste consisting of fruits, vegetables, meats, dairy, fish, breads, pastas and other food scraps. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). This pre -consumer Food will be anaerobically digested for energy production at Central Marin Sanitation Agency. Monthly collection fees for this service are set forth in Exhibit C. Additional Services COMPANY is to perform a visual waste audit at least one time per year for each Commercial Business account to provide an estimate of the amount of Recyclable Materials and Compostable Materials still in the Solid Waste container to help guide the Customer in service changes to increase diversion. COMPANY will provide services to comply with all state laws regarding recycling and organics diversion. On -site Collection of Solid Waste, Recyclable Materials and compostable Materials Carts not at the curb is available for an extra charge as set forth in Exhibit C. Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles and taken to the Marin Recycling Center for sorting resulting in greater re -use and recycling. Extra material can be collected for a fee as listed in Exhibit C in cans or bags not greater than 32 gallons in size or 60 pounds by weight when placed next to the regular container on collection day. V. MUNICIPAL SERVICES COMPANY shall provide service to each CITY facility and those CITY -owned cans in public areas and parks based upon mutually agreed upon parameters by CITY and COMPANY. These services shall constitute costs of operation included in the rate base and compensated for through the rates of all Residential, Commercial and Multi -Family Customers. Solid Waste COMPANY shall provide semi -automated or automated tipper Carts in 32-, 64-, and 96-gallon capacities to be placed for Collection at the curb or, upon approval of COMPANY, the designated Collection location. COMPANY will also provide Bins with 1-6, 10-, or 18-cubic yard capacities for large volumes of material. 121Page Updated 10-22-2024 Exhibit A: Description of Services COMPANY will determine the size and type of container depending on materials generated, recycled and diverted, safety, collection vehicle and service location. Service levels shall range from one time per week to six times per week. Each CITY facility must subscribe to a level of service that is adequate for the volume of material generated. Lids of containers must close and should not be overflowing. COMPANY retains approval of all service locations for carts not at the curb and bins. For safety and equipment purposes, COMPANY retains right of approval as to the type of compactor to be serviced and service location. Recyclable Materials COMPANY shall provide all CITY facilities with unlimited collection of acceptable glass, metal and plastic excluding polystyrene, plastic bags and compostable plastics. Acceptable materials may change depending on the markets. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). These materials will be collected in Company provided 32 or 64-gallon tipper carts color -coded carts: blue for paper and paper -fiber products, and brown for accepted commingled glass, metal and plastics. Collection is available from one time per week to six times per week. Cardboard placed in carts must be broken down small enough to easily slide out of the cart. Large cardboard boxes may also be broken down and tied into 24" x 24" bundles and left beside the Recycling container. 1-2 cubic yard rear loading bins are available for large amounts of cardboard collection with COMPANY's approval of size and location. COMPANY will evaluate the appropriate container sizes on an individual customer basis. Pickups can be scheduled from one time per week to six times per week. Recyclable Materials placed in COMPANY -provided containers or at the curb for Collection are the property of the COMPANY. Compostable (Organic) Materials Two options are available for CITY facilities for collection of Organic materials. Composting COMPANY will provide post -consumer Compostable Materials collection at CITY facilities that would parallel the Single -Family Residential program. Facilities will be provided 32- or 64-gallon tipper green carts for the collection of accepted Yard Trimmings, Food Waste and Food Soiled Papers in the same Container. A full list of accepted materials is available on the COMPANY's website (marinsanitaryservice.com). By special request and upon approval of the Company, 1-2 cubic yard bins may be available. 13 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services Food to Energy (F2E) program in partnership with Central Marin Sanitation Agency COMPANY will provide CITY facilities with cafeterias or other similar food service facilities with 32 and/or 64-gallon tipper dark green carts for the collection of a subset of Food Waste consisting of fruits, vegetables, meats, dairy, fish, breads, pastas and other food scraps. A full list of materials accepted is available on the website. This pre -consumer Food will be anaerobically digested for energy production at Central Marin Sanitation Agency. Additional Services Special pickups of Bulky Items may be requested. These Bulky Items may be Collected in non -compaction vehicles, or in compaction vehicles if the materials are not compacted, and sorted at the Marin Recycling Center for greater re -use and Recycling. COMPANY shall Collect Discarded Materials from all street -side public litter and Recycling containers based upon mutually agreed upon parameters by CITY and COMPANY. CITY shall be responsible for maintaining such containers. COMPANY shall provide the occasional on -call pick-up of illegally dumped Discarded Materials at CITY's request. COMPANY shall provide such service within twenty-four (24) hours of such request, provided that the CITY authorizes or directs the service so that all costs incurred by COMPANY in providing the service shall constitute costs of operations included in the rate base and compensated for through the rates. COMPANY will collaborate with the CITY on two community events throughout the year as designated by the CITY. COMPANY will furnish, at no cost to the promoters, as needed up to ten (10), 3 cubic yard debris boxes (or the equivalent). These debris boxes are to be used solely for solid waste, organics and recycling generated by the events. Services Subject to Change Services provided by COMPANY are subject to "Change in Scope" as defined and described in Exhibit B to the Agreement. CITY and COMPANY shall meet and confer to establish any such change in scope. Agreed upon changes of scope shall be effective irrespective of whether this Exhibit A— Description of Services is subsequently amended to reflect such Changes in Scope. 14 1 P a g e Updated 10-22-2024 Exhibit A: Description of Services Updated 10-22-2024 151 P a g e Exhibit A: Description of Services Appendix 1. Illegal Dumping Program Budget Summary 2025 2026 2027 Description Provam S att a Ph"s Is Costs Phase In Cwb Full Time Waste Management Coordinator 165,000 -Ad*tkN%WStafHqg $ 166,000 $ - $ Conservation Corps 26,400 Debds Box rental. and Bulky Waste Disposal 50,000 GIS Suppo rt - - ManthlyDebdsBuxDays $ 76,400 $ - $ - (Year 1)RoLloffsatMFD,16units and above 61,020 94,734 98.049 (Year 1)RemalningUnitsvia 0n-tall pickups 020% Usage 63,606 (Year 2)Remain ingUnits via On -call pickups 020% Usage 67,344 (Year3)Remain IngUnilsvia On -call pickups L320% Usage - 69,701 MfD Coupons @ 2,500 2,000 Added cost per MSS: Disposal $ for Coupo ns 41,325 Creative fo r property managers and ouMmch to residents 18,000 - Bulky Waste Dlsposa(o ptions aveNablfe at all MFDs $ 186,961 $ 1OZO78 $ 167,750 SFD Coupons 2,000 SFD Disposal Coupons @ 2, 500 - $ 2,000 $ - $ - - Bulky Waste Coupon options ava((able at all SFDs -Bulky Waste DlsposofOptions $ 187,962 $ 1GZO78 $ 167.760 Create collateral In muLtlple languages for property managers 2,800 Live View Cameras as Service 48.000 Mini -grants (5) Funding 10,000 -DdGe W&0u(IP cAMecur((yCa=resMkxi-Grants $ 60,80d $ _ $ . Outreach StratagylCon sulting 10,000 Yearly"Whatto do Wlth Waste" 16,500 Quarterly MalLers for Bu Was 22,000 Data tracking app 15,000 Tenantoutreach, hostevents, paittaipateatcommunity events 8.500 Property manager and business outreach 81500 Commercial Vouchers for0utreach and Enforcement 640 - Oritreach and Engagement $ 81,140 $ - $ - TotalAdditiona(Program Costs $ 671,T91 $ 162,078 $ 167,750 16 1 P a g e Updated 10-22-2024 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Sustainability Project Manager: Cory Bytof Extension: 3407 Contractor Name: Marin Sanitary Service Contractor's Contact: Patty Garbarino Contact's Email: Patty.garbarino@marinsanitary.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor n/a 10/30/2024 b. Email contract (in Word) and attachments to City 0 CB Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 10/30/2024 and return to Project Manager n/a ❑X M. Burke b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tap contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑X CB contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $17S,000 11/4/2024 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY PRINT 6 Project Manager Forward signed original agreements to City 11/18/2024 CB Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) Agreement executed by City Council authorized 9 City Manager / Mayor official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager 5th Amendment -MSS Agreement Final Audit Report 2024-11-19 Created: 2024-11-18 By: Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAEKPEdb18ilftk_V7ca5lVyr6hgHQ8fM3 "5th Amendment -MSS Agreement" History Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-11-18 - 11:20:13 PM GMT E'y Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-11-18 - 11:23:23 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-11-19 - 2:09:05 AM GMT 6© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-11-19 - 2:09:25 AM GMT 6:e Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-11-19 - 2:09:27 AM GMT - Time Source: server P- 4 Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for approval 2024-11-19 - 2:09:29 AM GMT Email viewed by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) 2024-11-19 - 2:13:57 AM GMT d© Document approved by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) Approval Date: 2024-11-19 - 2:14:05 AM GMT - Time Source: server �'y Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-11-19 - 2:14:07 AM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-11-19 - 4:32:27 AM GMT do Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-11-19 - 4:32:51 AM GMT a Adobe Acrobat Sign 6o Document e-signed by Cristine Alilovich(cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-11-19 - 4:32:53 AM GMT - Time Source: server 24 Document emailed to brenna.nurmi@cityofsanrafael.org for signature 2024-11-19 - 4:32:54 AM GMT ,t Email viewed by brenna.nurmi@cityofsanrafael.org 2024-11-19 - 4:22:44 PM GMT 66 Signer brenna.nurmi@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) Lindsay Lara 2024-11-19 - 4:23:49 PM GMT 6o Document e-signed by Brenna Nurmi (for) Lindsay Lara (brenna.nurmi@cityofsanrafael.org) Signature Date: 2024-11-19 - 4:23:51 PM GMT - Time Source: server ® Agreement completed. 2024-11-19 - 4:23:51 PM GMT ® Adobe Acrobat Sign