Agenda packet — Oroville City Council, November 15, 2022 (part 2 of 2)

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: APPROVAL OF INVOICE FROM ST. FRANCIS ELECTRIC FOR
INSTALLATION OF ADA CURB RAMPS AT MYERS ST. X MITCHELL
AVE.

DATE: NOVEMBER 15, 2022

SUMMARY
The Council may consider authorizing payment of invoice from St. Francis Electric for the installation of (2) ADA curb ramps and associated concrete work following the installation of the replacement traffic signal light pole and concrete base at Myers St. and Mitchell Ave.

DISCUSSION
On December 21, 2021, the signal light at Myers Street and Mitchell Avenue was struck by a vehicle and damaged beyond repair. The damaged pole was several decades old and due to changes in modern engineering practices, it was necessary to re-engineer the replacement pole and consequently the base concrete to which the pole is mounted. This required excavation of the site, removal of the old concrete foundation and installation of a new concrete base robust enough to meet the engineering requirements. Due to the larger “footprint” of the base additional concrete was removed including the existing curb ramps, thereby triggering the need for updated ADA curb ramp installation / replacement to include Truncated Domes. The total cost for the installation of these ramps is $12,700.

St. Francis Electric provided a quote to set up traffic control, dig and pour new ramps (attached).

FISCAL IMPACT
The funds in the amount of $12,700.00 are available in 2022/2023 Streets Operations Account No. 3001-6360 – Outside Services.

RECOMMENDATION
Authorize staff to process the invoice from St. Francis Electric for the installation of ADA curb ramps at Myers St. and Mitchell Ave. for the sum of $12,700.00

ATTACHMENTS

1. Quote – St. Francis Electric

2. Invoice – St. Francis Electric
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DATE: TO: Mike Geise
FROM: FROM: City of Oroville
PHONE: PHONE:

FAX: EMAIL:

EMAIL: [email protected]
TOTAL: $12,700.00
Accepted by:

Name:

Title:

Date:

Please feel free to contact Monica Kint regarding any questions The confidential data and information contained in SFE’s proposals/offers, any and all oral discussion or comment relating to the confidential data and information and any information derived therefrom shall be maintained in the strictest confidence and shall not be released, sold, disseminated, transferred or otherwise disclosed by any means to any person, firm, corporation, or third party without the prior written approval of SFE.

Thank you for this opportunity! Quoted during normal busniess hours M-F 9-3:00 QUOTE
(510) 725-5185
8/2/2022
Monica Kint
We are pleased to offer our proposal for the above referenced project as follows:

Break out existing concrete handicap ramps, remove & dispose of concrete spoils, Drill holes for rebar dowels, pour back handicap ramps, furnish and install truncated domes.

Clean up gutter, forms and surrounding area.

Contractors License No. 1003811
A-General Engineering
C-10 Electrical
Union Contractor
(510) 639-9116
BID/PROJECT: Myers & Mitchell - Handicap Ramps
PO Box 2057, San Leandro, CA 94577
Office: (510) 639-0639
Fax (510) 639-4655
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Progress Bill
From:

To:

Contract:

Invoice:

Date:

Application #:

ST. FRANCIS ELECTRIC
PO BOX 2057
SAN LEANDRO, CA 94577

CITY OF OROVILLE
1735 MONTGOMERY STREET
18-1052. ON-CALL TS MAINTENANCE - OROVILLE
07/31/22
12 OROVILLE, CA 95965
Period To: 07/31/22
Invoice Description: Myers & Mitchell Ramps
18105213
Item Description Amount Quantity U/M JTD Price On-Site To Date % Previous This Period This Period Contract Quantity Unit Materials And Stored Amount Quantity Amount Completed
Total
Contract Remaining
Balance
14 Mayers & Mitchell Ramps 12,700.00 0.000 LS 0.000 0.00000 0.00 12,700.00 100.00% 0.00 0.000 12,700.00 0.00 Grand Total: 12,700.00 12,700.00 0.00 12,700.00 0.00
Total Billed To Date: 12,700.00

0.00 Net Due This Invoice: 12,700.00
Total Retainage to Date:

Gross Total This Invoice: 12,700.00
Contractor's Signature Retainage This Invoice:

Date

0.00

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: 2022 PLHA COMPETITIVE GRANT APPLICATION FOR LINCOLN

STREET APARTMENTS PHASE I AND PHASE II
DATE: NOVEMBER 15, 2022

SUMMARY
The Council may approve the filing of an application to the Department of Housing and Community Development (HCD) for $1,700,000 for the new multi-family development of Lincoln Street Family Apartments Phase I and $2,500,000 for the proposed new multi-family development Lincoln Street Senior Apartments Phase II.

DISCUSSION
Pursuant to the Building Homes and Jobs Act (SB2, 2017), the Department of Housing and Community Development has been collecting a $75.00 recording fee on all real estate documents to increase the supply of affordable housing in California. SB2 established the Fund and authorizes the Department to allocate 70 percent of the monies collected and deposited into the Fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to local governments for housingrelated projects and programs that assist in addressing the unmet housing needs of their local community. The non-entitlement competitive grant program component assists persons experiencing homelessness or are At-Risk of homelessness and to also provide investments that increase the supply of housing to households with incomes of 60 percent or less of the Area Median Income (AMI).

On August 2, 2021, the City was notified of a Community Development Block Grant Disaster Recovery (CDBG-DR) Multi-family Housing Program grant award in the amount of $8,850,089 for Lincoln Street Family Apartments. On August 2, 2022, the City Council approved an amended resolution to increase the CDBG-DR award to include Lincoln Street Senior Apartments with an increased award amount of $17,000,089. This amendment is in the process of being approved by State CDBG.

Each phase will consist of sixty-one (61) units and at least 10% will be restricted to occupancy by tenants who are homeless or at risk of homelessness. 209
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Lincoln Street Family Phase I- Though this project has an allocation of tax credits, CDBG-DR Multifamily Housing Funds and project based vouchers, it has experienced three impacts: tax credit pricing expectations decreased, interest rates have increased and the project is experiencing general cost inflation in terms of architecture and engineering, insurance and construction costs. What was once a fully funded project now has a gap that the developer is trying to fill with PLHA funding.

Lincoln Street Senior Phase II-While this project suffers from similar economic impacts like the Family project above, it consists of mostly one (1) bedrooms and therefore does not have the same unit-based revenue that the family project will have. This project is more acutely impacted than the family and also the additional PLHA funding would keep it tax credit tie-breaker score competitive.

The Richman Group is requesting partnership with the City of Oroville to apply for the PLHA funds in order to complete development of the Lincoln Street Family Apartments Phase I and Phase II.

FISCAL IMPACT
None. Five percent of the grant funds may be used for administrative costs.

RECOMMENDATION

1. Approve the submittal of PLHA Competitive Program grant application for $1,700,000 for Lincoln Street Family Apartments Phase I.

2. Approve the submittal of PLHA Competitive grant application for $2,500,000 for Lincoln Street Senior Apartments Phase II.

3. Authorize staff to implement grant if awarded, and

4. Adopt Resolution No. 9109 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NONENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT FOR

LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $1,700,000.

5. Adopt Resolution No. 9110 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NONENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT FOR

LINCOLN STREET SENIOR APARTMENTS PHASE I IN THE AMOUNT OF $2,500,000.
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ATTACHMENTS
A - Resolution No. 9109
B – Resolution No 9110
C - PLHA Competitive Grant Notice of Funding Availability 211
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CITY OF OROVILLE
RESOLUTION NO. 9109

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE

COMPONENT FOR LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $1,700,000.
(‘Applicant”) hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS the Department is authorized to provide up to $24 million under the SB 2 Permanent Local Housing Allocation Program Competitive Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).; and
B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 10/14/2022 under the Permanent Local Housing Allocation (PLHA) Program Competitive Component.

C. WHEREAS the City of Oroville is an eligible non-entitlement Local government who has applied for program funds to administer an eligible activity; for the development of a new multi-family rental housing project Lincoln Street Family Apartments Phase I and the amount of CPLHA funds not to exceed $1,700,000.

D. WHEREAS, the Department may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA competitive grant recipients.

NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. If Applicant is awarded a grant of PLHA funds from the Department pursuant to the above referenced PLHA Competitive Component NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant hereby agrees to use the PLHA funds for the eligible activity for which the Applicant has submitted an application, as set forth in Section 401 of the Guidelines, and as awarded and approved by the Department in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
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3. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for the eligible Activity for which the Applicant has submitted an application, and consistent with all program requirements.

4. Applicant certifies that, if funds are awarded for the development of new multifamily housing at or below 60 AMI or substantial rehabilitation of multifamily rental housing at or below 60 percent of AMI, Applicant shall comply with Uniform Multifamily Regulations Subchapter 19, Title 25, Division 1, Chapter 7, commencing with Section 8300 and the Multifamily Housing Program Guidelines commencing with Section 7300,

5. Applicant certifies that, if funds are awarded for the development of an Affordable Rental Housing Development, the Local Government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the Project for a term of at least 55 years.

6. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

7. If applicable, Applicant proposes allocation of funds for the awarded activity to Lincoln Street Family Apartments. Applicant certifies that the selection process that resulted in the allocation to Lincoln Street Family Apartments complied with all conflict of interest laws and prohibitions and was accessible to the public throughout the selection process and by request via the Public Records Act.

8. The City Administrator is authorized to execute the PLHA Competitive Component Program Application, the PLHA Competitive Component Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA Competitive Component grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on November 15, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk

CERTIFICATE AND SIGNATURE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Oroville does hereby attest and certify that City Council of the City of Oroville Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Oroville which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:___________________________________
Signature of Attesting Officer
Jackie Glover, Assistant City Clerk
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CITY OF OROVILLE
RESOLUTION NO. 9110

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE

COMPONENT FOR LINCOLN STREET SENIOR APARTMENTS PHASE II IN THE AMOUNT OF $2,500,000.
(‘Applicant”) hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS the Department is authorized to provide up to $24 million under the SB 2 Permanent Local Housing Allocation Program Competitive Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).; and
B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 10/14/2022 under the Permanent Local Housing Allocation (PLHA) Program Competitive Component.

C. WHEREAS the City of Oroville is an eligible non-entitlement Local government who has applied for program funds to administer an eligible activity; for the development of a new multi-family rental housing project Lincoln Street Senior Apartments Phase II and the amount of CPLHA funds not to exceed $2,500,00.

D. WHEREAS the Department may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA competitive grant recipients.

NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

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6. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

7. If applicable, Applicant proposes allocation of funds for the awarded activity to Lincoln Street Senior Apartments. Applicant certifies that the selection process that resulted in the allocation to Lincoln Street Senior Apartments complied with all conflict-of-interest laws and prohibitions and was accessible to the public throughout the selection process and by request via the Public Records Act.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on November 15, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk

CERTIFICATE AND SIGNATURE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Oroville does hereby attest and certify that the City Council of the City of Oroville Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Oroville which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:___________________________________
Signature of Attesting Officer
Jackie Glover, Assistant City Clerk
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: RECOLOGY OF BUTTE COLUSA COUNTY FRANCHISE

AGREEMENT AMENDMENT AND SERVICE RATE INCREASE

FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE,
RECYCLABLES AND ORGANICS AS REQUIRED BY SB 1383
DATE: NOVEMBER 15, 2022

SUMMARY
The Council will receive information and consider approving an amendment to the current franchise agreement with Recology of Butte Colusa County to include the recent CalRecycle mandates for AB 341, AB 1826, and SB 1383 in addition to the service rate increase of 12% for the purchase of one new truck to (with driver) and containers with the expanded organics collection services required by SB 1383.

DISCUSSION
In 1993, the City entered into a franchise agreement (Agreement No. 474) with what is now Recology of Butte Colusa Counties, for collection and disposal of solid waste and recyclable materials generated by homes and businesses in the City limits, which has been subsequently amended five times.

The passing of AB 341, AB 1826, and the SB 1383 required the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, Authorized Contractors, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

On December 7, 2021, Council adopted Ordinance No. 1861 to implement the requirements of AB 341, AB 1826, and the SB 1383 Regulations.

Recology is working to enhance their operations to meet the demands of the CalRecycle mandates. The franchise agreement amendments include ordering new trucks (with drivers), bins, and other items to comply with AB 341, AB 1826, and the SB 239
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1383 Regulations. Due to long lead times, product shortages, and budget constraints, Recology has not been able to meet the January 1, 2022, deadline for implementation of some of the regulations. Through SB 619, CalRecycle is allowing jurisdictions to pass a resolution and submit a Notification of Intent to Comply (NOIC) to avoid any violations of the regulations. Council approved the Notice of Intent to Comply on January 18, 2022, that was subsequently submitted and approved by CalRecycle.

Due to the dated language of the current Franchise Agreement, in addition to not meeting the requirements of AB 341, AB 1826, and the SB 1383, Recology has submitted a request for amendment and extension of the Franchise Agreement for a term of 15 years. Attached is the proposed amendment to the Franchise Agreement that incorporates the mandates of AB 341, AB 1826, and the SB 1383. Additionally requested is purchase of a new truck and driver to accommodate the added weekly route for the compostable bins. The City and Recology will seek out grant funding for reimbursement of the purchase of the new truck.

The proposed rate increase of 12%, for the purchase of one new truck to (with driver) and containers with the expanded organics collection services required by SB 1383, will take place on January 1, 2023 for commercial and residential customers. Attached is a detailed rate increase summary.

Pursuant to this Section 18.2, the adjustment to the Service Cost component shall not exceed 4.0% for the Annual Index Adjustment for the adjustments to become effective January 1, 2024 and January 1, 2025 only. For the avoidance of doubt, the foregoing cap on the annual index adjustment shall not apply to the rate adjustment to become effective January 1, 2026 or any subsequent rate adjustments.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATION
Adopt Resolution No. 9108 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO

THE FRANCHISE AGREEMENT WITH RECOLOGY BUTTE COLUSA COUNTIES EXTENDING THE TERM OF THE AGREEMENT TO THE YEAR 2037 AND A 12% RATE INCREASE TO TAKE AFFECT ON JANUARY 1, 2023 (Agreement 474-6)

ATTACHMENTS
 Resolution No. XXXX
 Amended Franchise Agreement 474-6 and Exhibit “B” – SB 1383 Related Matters  Rate Schedule
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CITY OF OROVILLE
RESOLUTION NO. 9108

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

FRANCHISE AGREEMENT WITH RECOLOGY BUTTE COLUSA COUNTIES EXTENDING THE TERM OF THE AGREEMENT TO THE YEAR 2037 AND A 12% RATE INCREASE TO TAKE AFFECT ON JANUARY 1, 2023
(Agreement No. 474-6)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute the sixth amendment to the Franchise Agreement with Recology Butte Colusa Counties. A copy of the amendment, Exhibit B - SB 1383 Related Matters, and Rate Schedule is attached.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at an adjourned regular meeting on November 15, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ ___________________________ Scott Huber, City Attorney Jackie Glover, Assistant City Clerk
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SOLID WASTE, RECYCLABLES AND ORGANICS FRANCHISE AGREEMENT This Solid Waste, Recyclables and Organics Franchise Agreement (“Agreement”) is entered into as of January 1, 2023, between the City of Oroville, a California municipal corporation (“City”), and Recology Butte Colusa Counties, a California corporation (“Contractor”).

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste, Recyclables and Organic Waste handling within their jurisdictions;
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Oroville (the “City Council”) has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste, Recyclables and Organic enterprise for the collection of solid waste, Recyclables and Organic Waste within City;
WHEREAS, Contractor has demonstrated the experience and qualifications to arrange with residents and businesses within City for the collection and safe transport of solid waste, Recyclables, and Organic Waste to the facilities designated herein; WHEREAS, the City Council has determined that the public health, safety and well-being would be best served if Contractor were to be granted an exclusive franchise to provide solid waste, Recyclables and Organic Waste collection services within City; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. DEFINITIONS.
“Affiliate” means, with respect to a specified Person, any other Person directly or indirectly controlling, controlled by or under common control with such Person, where “control” means having the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise.
“Affiliated Facility” means any facility owned or operated by Contractor or an Affiliate of Contractor.
“Applicable Law” means any and all applicable laws, statutes, codes, ordinances, rules, regulations, judgments, decrees, orders, decisions, permits, permit conditions, mitigation measures, and other requirements of any governmental entity, as in effect from time to time.
“Bulky Waste” means large items of Solid Waste, Recyclable Material and Organic Waste, such as appliances, furniture, trees, branches, stumps and other oversize wastes.

Bulky Waste does not include waste that has been placed in a Container. “Bin” means a metal Container with typical capacity of one (1) to six (6) cubic yards, with a hinged lid, with or without wheels, typically serviced by a front-loading Collection vehicle. 242
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“Cart” means a Toter brand or equivalent plastic cart with 32-, 64-or 96-gallon capacity, with lid and wheels, colored black or grey for Solid Waste, blue for Recyclables, or green for Mixed Organics.
“Commercial Business,” means all hotels, motor courts, restaurants, offices or office buildings, stores, warehouses, factories, hospitals, assisted living facilities and all other premises used for functions other than dwelling houses. “Compost or Organic Waste” has the same meaning as in 14 CCR Section 17896.2(a)(4), and means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal SOLID WASTE stream. Organic Waste includes food scraps, food soiled paper products, yard trimmings and wood materials and that do not contain hazardous waste.
“Construction and Demolition (C&D) Debris” includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements. C&D excludes Excluded Waste.
“Container" or "Containers” means a Cart, Bin or Roll-Off Box. “Contamination” means placing materials in a container that is labeled and intended for storage of another type of material. For example, placing metals or plastics in a container labeled “yard trimmings” constitutes “contamination”. Similarly, placing food scraps in a container labeled “Recyclable Materials” would contaminate Recyclable Materials. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste (as defined in California Water Code Section 13173), volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that Contractor’s reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the City's, or Contractor’s reasonable opinion would present a risk to human health or the environment, cause a nuisance or otherwise create or expose City, or Contractor, to potential liability. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the City's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its Designee for collection services.
“Food Waste” Source-Separated discarded organic material consisting of (i) kitchen or table food scraps; (ii) meat, fish, dairy, fruit, grain, or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of foodstuffs; or (iii) uncoated paper or cardboard of any grade that is soiled with food or liquid. Food Waste does not include bioplastics.
“Franchise Area” means the entire area within the municipal boundaries of the City of Oroville as of the Commencement Date, as the same may thereafter be changed by reason of annexation or de-annexation.
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“Governmental Fees” means any and all fees, assessments, taxes, tariffs or other charges required to be paid to any governmental entity either by Contractor in the performance of this Agreement, or by any Affiliated Facility on the disposal, processing, transfer, transport or other handling of material collected by Contractor under this Agreement, provided in each case that Governmental Fees shall not include fines or penalties for violating Applicable Law. “Hazardous Waste” means any material that is defined, regulated or listed as “hazardous,” “toxic,” a “pollutant,” or words of similar import under any Applicable Laws. “Maximum Rates” means the maximum rates that Contractor is permitted to charge customers for providing services under this Agreement.
“Mixed Organics” or “Compostables” means Source-Separated discarded organic material consisting of any combination of Yard Waste and/or Food Waste. Mixed Organics is also used as a blanket term meaning Green Waste and/or Food Waste, either collectively or individually.
“Multi-Family” means a residential premises with five (5) or more dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. For the avoidance of doubt, Multi-Family Complex includes both single buildings with 5 or more dwelling units and individual buildings that are a part of a complex of buildings under common ownership that are billed collectively for service.
“Person” means any individual, corporation, partnership, joint venture, limited liability company, trust, governmental entity, or other legal entity. “Recyclables” or “Recyclable Materials” means Source-Separated discarded materials that are reused, remanufactured, or processed. As of the date of this Agreement, “Recyclables” includes, but is not limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office/computer paper, magazines, junk mail, catalogs, brown paper bags, paperboard, paper egg cartons, telephone books, shoe boxes, cereal and other similar food boxes); chipboard; corrugated cardboard; glass containers; aluminum (including food/beverage containers and foil); scrap metal weighing less than ten (10) pounds (without cords or chains and fitting into the container); steel, tin or bi-metal cans; and plastic containers (numbers 1 to 7). Contractor may, with the approval of City (not to be unreasonably withheld), add or remove items from this list. Recyclables does not include Yard Waste, Food Waste, Mixed Organics, or C&D. To be considered Recyclables, paper, cardboard and other fiber items must be dry and not soiled with food or liquid. “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting discarded materials which meet the quality standards necessary to be re-used, remanufactured or processed. The Collection, transportation, or Disposal of SOLID WASTE not intended for, or capable of, reuse is not Recycling. “Rolloff Box” means a metal Container with a typical capacity of twenty (20) to forty (40) cubic yards, without lid or wheels, typically serviced by a roll-off Collection vehicle “Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
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“Solid Waste” or “Municipal Solid Waste” means putrescible and non-putrescible solid, semi-solid and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid waste, and other discarded solid and semi-solid waste. Solid Waste does not include Excluded Waste or Recyclable Materials, Food Waste, Yard Waste, or Construction and Demolition Debris which have been SourceSeparated for Collection. For the avoidance of doubt, Solid Waste includes materials that would be Recyclable Material, Food Waste, Yard Waste, or Construction and Demolition Debris, but for the fact that such materials have not been Source Separated. “Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling, composting, reuse, or other diversion from landfill.
“WST Index” means the Consumer Price Index, All Urban Consumers, Water and Sewer and Trash Collection Services. U.S. City Average, Seasonally Adjusted, Series ID:

CUSR0000SEHG, published by the U.S. Department of Labor, Bureau of Labor Statistics. If this index is discontinued, it shall be replaced by the index that that most closely resembles it over the ten (10) years before discontinuation.
“Yard Waste” means Source-Separated discarded organic material consisting of trees, branches, shrubs, grass, leaves, lawn clippings, prunings, weeds and other vegetative waste, provided that no item is longer than three feet (3’) in its longest dimension or six inches (6”) in diameter. Yard Waste does not include bricks, rocks, gravel, concrete, sod, large quantities of dirt, loose fruits and vegetables, stumps, palm fronds, oleander, or pet waste.

2. TERM
The term of this Agreement (the “Term”) shall commence on January 1, 2023 (the “Commencement Date”) and continue for a period of fifteen (15) years, through December 31, 2037, unless extended or earlier terminated as provided herein. Effective as of January 1, 2034 and each January 1 thereafter, the Term shall automatically and without any further action by either party be extended for one (1) additional year, unless either party has provided written notice to the other on or before such January 1 date that it does not with the Term to be so extended.

For example, if the first such notice is given in July 2036, then the Term would continue until December 31, 2039, unless earlier terminated as provided herein. For the avoidance of doubt, this Agreement shall become a contractually binding obligation of each party upon its execution by both parties. The parties intend for the Solid Waste Collection and Disposal Franchise Agreement between City and Contractor dated July 6, 1993, as amended, (the “Prior Agreement”) to remain in effect and govern the rights and obligations of the parties through midnight on December 31, 2022, at which time the Prior Agreement shall be deemed to have been terminated by mutual agreement of the parties.

3. EXCLUSIVITY OF FRANCHISE

3.1 Grant of Exclusive Franchise. City hereby grants to Contractor the exclusive franchise, right and privilege to collect, transport and remove all Solid Waste, Recyclables , Yard Waste, Food Waste, Mixed Organicsand Construction & Demolition Debris generated or 245
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accumulated within the Franchise Area. The extent of this grant of shall be subject to any limitations imposed by Applicable Law, and to Section 3.2.

3.2 Exceptions to Exclusivity. The exclusive franchise, right and privilege set forth in Section 3.1 shall not apply to the collection, transport and removal of the following categories of materials, provided that such collection, transport and removal (including the destinations to which the materials are delivered) are performed in accordance with applicable City ordinances and other Applicable Law:
(a) Solid Waste, Recyclable Material, Yard Waste and/or C&D waste generated at a premises that is transported personally by the owner or occupant of such premises (or by his or her full-time employees) to an appropriate and fully permitted Recycling, Composting or disposal facility.
(b) Recyclables generated by a Person and sold by such person to a buyer in a bona fide purchase and sale transaction, where the generator receives net positive consideration from the buyer in respect of such Recyclables, taking into account all consideration received and/or paid by the generator in respect of such Recyclables, including hauling fees, rental charges, logistics fees, discounts, etc.
(c) Construction & Demolition Debris generated by a construction or demolition contractor that is removed by such contractor, using the contractor’s own vehicles and employees, as an incidental part of the overall service provided by such contractor, rather than as a hauling service.
(d) YardWaste generated by a gardening, landscaping or tree trimming contractor that is removed by such contractor, using the contractor’s own vehicles and employees, as an incidental part of the overall service provided by such contractor, rather than as a hauling service.
(e) Items such as appliances, furniture, mattresses, or electronics removed from a premises by a vendor of such items, using the vendor’s own vehicles and employees, as an incidental part of the service of delivering a replacement item purchased from such vendor to such premises, rather than as a hauling service.

3.3 Right to Collect Excluded Waste. Contractor shall have the non-exclusive right under this franchise, but is not obligated to, collect, transport and dispose of Excluded Waste generated or accumulated within City. To the extent Contractor exercises such right, the terms and conditions (including rates) for such services shall be as mutually agreed by Contractor and each customer.

4. BASIC COLLECTION SERVICES

4.1 General. Contractor shall offer three (3) Container Solid Waste, Recyclable Materials, and Mixed Organics service set forth herein to all Single-Family, Multi-Family and Commercial premises within the Service Area. All recurring services shall be provided on a subscription basis and Contractor and City acknowledge that all property owners within the Service Area are required to subscribe to service pursuant to City Ordinance No. 1861, at rates not exceeding the Maximum Rates set forth on Exhibit A. The available Container types and sizes, and the available frequencies of collection, shall be as set forth on Exhibit A. Unless a customer has been granted a waiver by City, all customers are required to participate in the City of Oroville’s 246
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3 container system for Solid Waste, Recyclables and Mixed Organics service. Contractor shall offer C&D collection services set forth herein to all Single-Family, Multi-Family and Commercial premises within the Service Area on an on-call basis.

4.2 Collection Frequency. Contractor shall collect Solid Waste and Mixed Organics from Single-Family customers on a weekly basis and Recyclables from Single-Family customers on a bi-weekly basis. Contractor shall collect Solid Waste and Recyclables from Multi-Family and Commercial customers on the frequency subscribed for by the customer, but no less than once per week. Contractor shall collect Mixed Organics from Multi-family and commercial customer on a weekly basis.

5. MANNER OF COLLECTION

5.1 Orderly Collection. In making collections, Contractor shall avoid crossing private or public planted areas and climbing or jumping over hedges and fences. After removing waste from any Cart or Bin, Contractor shall return the Container to its designated position with its cover on. Contractor shall close all gates opened by it while making collections.

5.2 Litter & Spills. Contractor shall not litter any private or public property in making collections of waste, nor shall it allow any fluid, leachate or waste to spill, leak or fall from collection vehicles. If in spite of normal precautions, fluid, leachate or waste spills, leaks or falls on any premises or public property, Contractor shall promptly clean up the same. Clean-up of hydraulic fluid, motor oil, or similar fluids means application of absorbents to mitigate the effects of the fluid, and does not include removing any stain that may remain after such absorbents have been applied.

6. COLLECTION DAYS AND HOURS

6.1 Collection Hours. Contractor’s collections shall not start before 6:00 AM in any residential area or 5:00 AM in any non-residential area, or continue after 6:00 PM, unless such later collection is necessitated by emergency or other special circumstances. Contractor’s personnel shall make collections as quietly as reasonably possible.

6.2 Holiday Collection. If a customer’s regularly scheduled collection day falls on Thanksgiving Day, Christmas Day, New Year’s Day, or any other legal holiday, Contractor may provide collection service to such customer on the work day next following such holiday. If Contractor elects to adjust its collection schedule as stipulated herein, all subsequent collection days during that holiday week may be moved back one (1) day in the discretion of Contractor, after Contractor has provided prior written notice to the affected customers.

6.3 Schedule Changes. Before any change to Single-Family customers’ regular collection day, Contractor shall give the affected customers at least one (1) week’s prior written notice of the change.

7. SETOUT REQUIREMENTS

7.1 General. Contractor may refuse to collect a Container for any of the following reasons: (i) setout not in compliance with the City Code; (ii) setout in improper location (see 247
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Section 7.4); (iii) Container overweight or lid not fully closed; or (iv) Contractor has reason to believe the Container contains Excluded Waste.

7.2 Non-Collection Notice. When a Container is not collected for any of the above reasons, Contractor shall leave a tag attached to the Container (if accessible to Contractor) clearly identifying the reason for non-collection. If, after Contractor has placed a non-collection tag, the customer requests that Contractor return to collect the Container (properly set-out, and with any Contamination removed), then Contractor shall collect such Container within one (1) business day of the customer’s request, and shall be entitled to charge the customer the “go-back” service fee referred to in Exhibit A.

7.3 Contamination. A Solid Waste, Recyclable Material or Mixed Organics Container shall be deemed contaminated if by visual or video inspection it appears to contain at least the following percentage of Contamination by weight or volume: Recyclables fifteen percent (15%), Mixed Organics three percent (3%). Contractor shall take the following steps for contaminated Containers:
(a) 1
st occurrence: Contractor shall collect the contaminated Container and notify the customer of the Contamination problem. The notice (which may be a tag affixed to the Container) shall include instructions for proper sorting and warn the customer that they may be subject to contamination fees and/or other measures if they do not correct the problem. (b) 2
nd occurrence: Contractor shall collect the contaminated Container and notify the customer of the Contamination problem, and may charge the customer a contamination fee as forth in Exhibit A. The notice (which may be a tag affixed to the Container) shall include instructions for proper sorting and warn the customer that they may be subject to contamination fees and/or other measures if they do not correct the problem. (c) 3
rd & subsequent occurrence: Contractor may either (i) refuse to collect the contaminated Container, (ii) collect the contaminated Container and charge the customer a contamination fee as set forth in Exhibit A, or (iii) for Commercial and Multi-Family customers, collect the contaminated Container as Solid Waste and charge the customer the then-applicable extra pick-up fee as set forth in Exhibit A. Additionally or alternatively, Contractor may, after notifying the customer, remove some or all of the customer’s Recyclables/Mixed Organics Container(s) and discontinue providing the customer Recyclables/Mixed Organics service for up to 1 year. After 1 year, or a shorter period if appropriate, the customer may request Contractor to reinstate the discontinued service, and if Contractor does so Contractor may charge the service restart container redelivery fee as specified in Exhibit A. In each case, Contractor shall notify the customer (which may be through a tag affixed to the Container) of the reason for the action. (d) Counting occurrences: Occurrences after the 1st occurrence shall be counted as subsequent occurrences only if they occur within 12 months of the 1st. If 12 months have passed since the last occurrence, the next occurrence shall be the 1st occurrence.

Occurrences for Recyclables shall be counted separately from those for Mixed Organics.

7.4 Container Accessibility. Contractor shall not be required to collect Carts from any location other than curbside (i.e. within three feet (3’) of the curb or paved roadway). Contractor shall not be required to collect Bins or Drop Boxes from any location other than the location mutually agreed by Contractor and the customer. If Contractor is required to move a Cart or Bin more than ten feet (10’) in order to service it, Contractor may charge a distance charge at the rate set forth on Exhibit A. Contractor shall only be required to collect a Container if access thereto is 248
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safe and unobstructed, unless the customer has subscribed for lock service at the rate set forth on Exhibit A.

7.5 Roads. Contractor shall only be required to provide collection service to customers on City-maintained roads, and (if the property owner signs a reasonable road damage liability waiver) on non-City maintained private roads that do not present a risk of injury or damage to persons or property.

7.6 Free On-Premises Service. Contractor shall at no additional charge collect Carts from the side yard or back yard of a Single-Family premises, if all adults residing at the premises have disabilities that prevent them from setting out their carts at the curb. To receive this free service, the customer must apply to Contractor at least two (2) weeks in advance and submit such documentation as Contractor may reasonably request confirming their eligibility. Contractor may require customers to reconfirm their eligibility periodically, but no more frequently than annually.

8. CUSTOMER SERVICE

8.1 Local Office. Contractor shall maintain its principal office for rendering services under this Agreement in the City and shall keep this office open during regular business hours on regular collection days, at which customers may contact Contractor. This office shall be staffed by competent personnel who shall have the authority to represent Contractor in its relations with the public. Contractor shall maintain sufficient personnel and call capacity to receive and answer the normal volume of telephone calls courteously, quickly and expeditiously.

8.2 Service Complaints. Customers may submit complaints to Contractor by mail, email, telephone or in person. If City receives any complaints about Contractor’s services, City shall refer such complaints to Contractor. Contractor shall use commercially reasonable efforts to resolve all complaints by the close of business of the second (2nd) business day after the date the complaint is received. Service complaints may be investigated by the City Manager or his/her designee if a resolution satisfactory to the complainant and the Contractor is not reached, and the complainant refers the matter to the City Manager or his/her designee for review.

8.3 Complaint Records. Contractor shall maintain records listing the date of all customer complaints received, the name and address of the customer, the nature of the complaint, and when and what action was taken by the Contractor to resolve the complaint. All such records shall be maintained for at least twenty-four (24) months. Contractor shall provide complaint records to City upon request.

9. VOUCHER PROGRAM
Contractor shall provide two vouchers per year to Single Family and Multi-Family customers at no charge that are redeemable at the Oroville Transfer Station to be utilized by residents to dispose of Solid Waste. Proof of residency shall be required and restrictions on the types and volume of material to be disposed of using the vouchers shall be determined by Contractor and included on the terms of the voucher provided to residents. The customer shall be responsible for any disposal charges for material in excess of the type and amount permitted under the terms of the voucher.
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10. Compliance Plan

10.1 On or before September 30, 2023 and each September 30 thereafter, Contractor, at its own expense, must prepare and submit an annual (Calendar Year) Compliance Plan (“Plan”), which will guide Contractor’s work efforts. This Plan will include measures to meet diversion targets, increase diversion, and increase participation of Service Recipients in Recycling and Organic Waste programs, and should target certain materials or “problem” areas, including Recycling and Mixed Organics sorting and Contamination, within Contractor’s Service Area where improvements can be maximized. Planned outreach and education services, and outreach materials should be included as part of the Plan and updated annually. Targets of outreach should be based on local Solid Waste trends from data obtained by both the City and Contractor, and other reputable sources. Contractor will maintain current and state-of-the-art public outreach and education services throughout the term of this Agreement by providing outreach materials to Service Recipients electronically (via email and social media) in addition to print. Contractor must submit first year draft Plan to the City by June 30, 2023. City will review and provide revisions to draft Plan within thirty (30) days of receipt. Contractor must revise and submit final Plan to City by September 30, 2023. The Compliance Plan must include the following:

10.2 City-specific website. Contractor shall maintain a City-specific website that fully explains the Contractor’s Collection Services and Service Rates, the diversion options available, and allows Service Recipients to submit service changes, inquiries, complaints, or queries. The website must describe and promote the use of the available Recyclable Materials and Organic Waste services in the City. Contractor’s local website must provide information specific to the City’s programs. Contractor will ensure that information provided on the website is maintained and up to date. Content will include proper container set out, educational materials, newsletters, and program descriptions. Contractor’s website shall include all information set forth in 14 CCR Division 7, Chapter 3, Article 4, Section 18985.1 (a), including the list of edible food recovery services.

10.3 Available Services Notice and Information. At least annually Contractor must publish and distribute (by mail or electronically) a notice to all Service Recipients regarding the full range of services offered by Contractor and City. The notice must contain at a minimum (i) clear descriptions of the materials to be Collected, (ii) procedures for setting out materials, (iii) the days when Garbage Collection Services and Organic Waste Collection Services will be provided, (iv) Contractor’s local customer service phone number, (v) instructions on the proper filling of Containers, (vi) instructions as to what materials may or may not be placed in Recyclable Materials or Organic Waste Containers, (vii) how to select container sizes to maximize diversion, (viii) participation in Recycling and Organic Waste programs, (ix) the charges for Overage and Contamination in the event of non-compliance, (x) the availability of on-premises Collection Services, including the availability of no-charge on-premises Collection Services for qualified persons, (xi) Large Items Collection Services; and other services described in this Agreement at the direction of the City. The notice must be provided in English, and Spanish, and must be distributed by Contractor no later than October 1 of each year. The Notice shall include the information described in 14 CCR Division 7, Chapter 3, Article 4, Section 18985.1 (a).

10.4 Contractor must implement public education and outreach in conformance with applicable laws (e.g., SB 1383, AB 1826, AB 827, AB 939, AB 341, AB 1594, etc.) and in coordination with the City. Contractor shall attend public events and host booths to promote education and awareness. Contractor will work with City to identify which special events will be attended.

Contractor, together with City, shall work with local media to ensure information on new programs, events, Recycling, Organic Waste Mixed Organics etc. is communicated to the community. 250
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Contractor shall use a variety of options such as local paper, news, websites, Homeowners Associations, schools and civic groups to distribute information and education about City Solid Waste programs, and events. Contractor shall distribute educational material to Service Recipients a minimum of once a quarter by mail or electronically. These materials should include tips on Recycling properly, use of Organic Waste Mixed Organics containers, Composting, battery and electronics education, prevention of Contamination issues, proper Container placement, resource information, and Household Hazardous Waste education.

11. CITY SERVICES
Contractor shall provide services to City-owned facilities on a subscription basis at rates not exceeding the then-applicable Maximum Rates for such services, provided, however, that Contractor shall provide City an annual credit to offset the cost of such services. The annual credit shall be in the annual amount of seventy-five thousand dollars ($75,000) for calendar year 2022.

On January 1, 2023, and each January 1 thereafter, the annual amount of the credit shall be adjusted by the annual percentage change in the WST Index, calculated as provided in Section

17.2. Unused credit amounts shall not carry over to subsequent years.

12. SB 1383 RELATED MATTERS
Contractor shall provide the services identified in Exhibit B to support City’s implementation of the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery pursuant to SB 1383.

13. FACILITIES TO BE USED
Contractor shall initially deliver all material collected hereunder as Solid Waste to the Recology Ostrom Road Landfill, located at 5900 Ostrom Road, Wheatland, CA, all material collected hereunder as Recyclables to the Recology Yuba-Sutter Materials Recovery Facility located at 3001 North Levee Road, Marysville, CA all material collected hereunder as Green Waste, Food Waste or Mixed Organics to the Recology Ostrom Organics composting facility located at 5900 Ostrom Road, Wheatland, CA, and all material collected hereunder as C&D to one or more C&D processing facilities selected by Contractor. Contractor may use the Recology Butte Colusa Counties Transfer Station located at 2720 South Fifth Avenue, Oroville, CA, or any other transfer station, to affect such deliveries. Contractor shall pay each such facility the thenapplicable tip fee for disposal, processing, or transfer (as the case may be) of such material.

Contractor may at its option elect to deliver Solid Waste, Recyclables, Green Waste, Food Waste and/or Mixed Organics to any other facility.

14. COLLECTION EQUIPMENT

14.1 Vehicles. Contractor shall provide a sufficient number of vehicles to provide the collection services it is required to provide under this Agreement. All vehicles used by Contractor under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. The “Recology” name and Contractor’s telephone and vehicle numbers shall be visibly displayed on its vehicles.

Loads shall be kept completely covered at all times except when material is being loaded or unloaded, or when vehicles are empty or in the process of collection. The noise level generated 251
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by collection vehicles during the stationary compaction process shall be such that it does not unreasonably interfere with the quiet enjoyment of nearby properties.

14.2 Containers. The Maximum Rates set forth on Exhibit A for Cart, Bin and Roll Off Box service include provision of one (1) Container of the size subscribed for by the customer, at no additional charge to the customer. The customer may order additional Containers at a rate not exceeding the Maximum Rate set forth on Exhibit A (i.e. the Additional Cart rate for Single-Family customers, or the standard rate for the Container for Commercial/Multi-Family customers).

Contractor shall only be required to collect waste from Contractor-provided Containers, but may elect to service customer-owned Containers. By October 1, 2021, Contractor shall ensure that each Single-Family customer has at least three (3) Carts, one (1) each for Solid Waste, Recyclables and Mixed Organics. Containers damaged or destroyed by the carelessness of the customer are the responsibility of the customer. Containers that wear out through ordinary use or are damaged during collection operations shall be replaced by Contractor.

14.3 Equipment List. Not more than once per year, upon City’s request, Contractor shall provide City a written list of (i) all vehicles being used by Contractor within the Franchise Area, including type, make, model, age, and mileage, and (ii) the number and types of Containers being used by Contractor within the Franchise Area. Contractor’s vehicles used under this Agreement shall be subject to inspection by City on a semi-annual basis but shall not be subject to any permit fees therefor.

15. BILLING AND PAYMENT

15.1 Billing For Services. Contractor shall bill all customers in the Franchise Area for services provided pursuant to this Agreement at rates not exceeding the Maximum Rates set forth on Exhibit A, as adjusted from time to time in accordance with this Agreement. Contractor shall provide itemized bills, distinctly showing charges for all classifications of services provided to the customer, including charges for late payments, where applicable.

15.2 Frequency. Customers may be billed monthly or quarterly and in advance or in arrears. If a customer not previously receiving collection service initiates service, the charges for collection service for the period between the commencement of service and the end of the thenapplicable billing period may be added to the next billing period.

15.3 Delinquent Accounts. Accounts shall be considered delinquent if not paid in full within thirty (30) days of the invoice date. Contractor may charge customers with delinquent accounts a late fee of $15.00, as well as interest of one and one half percent (1.5%) per month (compounded annually) from the time the account became delinquent. Contractor may stop service to delinquent accounts and may use the City’s lien process, a collection agency, or any other legal method to collect from delinquent accounts. If Contractor submits the delinquent account to City for liening, Contractor may charge the customer an additional late fee of $50.00.

15.4 Lien Procedure. On or before January 31 of each year, Contractor shall provide City with a listing of all delinquent accounts in the Franchise Area, together with a formal request for reimbursement of same. Such listing shall be in a form approved by City. The amount of a delinquent bill includes all late fees and interest. On the first Monday in March of each year, City shall, with respect to each then-delinquent bill, place a lien on the lot or parcel of land to which Contractor’s services were rendered, providing for payment in full of the delinquent bill through the property tax rolls, and shall record such lien with the county recorder. To the extent City receives any payment from the customer or county with respect to the delinquent bill, City shall 252
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remit such amounts to Contractor within thirty (30) days. This section shall survive the expiration or earlier termination of this Agreement until such time as Contractor has been reimbursed in full for all delinquent bills.

15.5 Vacation Holds. Upon customer request at least two (2) weeks in advance, Contractor shall place a “vacation hold” on the customer’s account, for a period no less than one (1) week in length. Contractor shall suspend recurring weekly services to the customer during the “vacation hold” period, and shall credit the customer’s account for the suspended service (typically ¼ of the monthly charge for weekly collection). Each customer may utilize the “vacation hold” service for a combined period of up to four (4) weeks each calendar year.

16. FRANCHISE FEES

16.1 General. As consideration for the exclusive collection franchise granted hereunder, Contractor shall pay to City a franchise fee (the “Franchise Fee”). The Franchise Fee shall initially be ten percent (10%) and shall be calculated as one-eleventh (1/11th) of Contractor’s Gross Revenue. The Franchise Fee shall be due and payable quarterly within forty-five (45) days following the end of each quarter, with the first payment being due February 14, 2022 for the 4th quarter of 2021.

16.2 Gross Revenue. “Gross Revenue” means all amounts collected from customers for the provision of services pursuant to this Agreement, net of (a) sales, excise or other taxes required to be collected from customers and paid to a governmental agency in connection with the provision of such services, if accompanied by a tax return or similar statement evidencing the amount of such taxes, and (b) any refunds to customers. Gross Revenue does not include (i) revenues generated from the sale of Recyclables, (ii) revenue from late fees or similar finance charges charged to customers, or (ii) amounts received from governmental authorities with respect to the services provided under this Agreement (such as curbside payments or grants), except in the governmental authority’s capacity as a customer hereunder.

16.3 Changes. City may modify the Franchise Fee from time to time provided that (i) the modification takes effect on July 1, at the same time as the annual rate adjustment, (ii) City gives Contractor at least ninety (90) days prior written notice of the Franchise Fee modification, and (iii) Maximum Rates are adjusted commensurately, concurrently with the effective date of the modified Franchise Fee, so as to pass through the Franchise Fee modification. Contractor shall not be required to pay the modified Franchise Fee unless and until all the foregoing steps have been taken.

16.4 Audit. No more than once every five (5) years, City may elect to have an audit of Contractor’s Franchise Fee payments conducted at City’s expense by an independent certified public accountant selected by City. Each such audit shall evaluate whether Franchise Fees have been correctly calculated and paid to City during the preceding five (5) years. If the audit shows an underpayment, Contractor will pay the shortfall within thirty (30) days. If the audit shows an underpayment of more than three percent (3%), Contractor shall reimburse the cost of the audit, up to a maximum of $10,000. If the audit shows an overpayment, Contractor may deduct the overpayment from future Franchise Fee payments to City.

17. HOST FEE
Contractor shall pay to City a host fee (the “Host Fee”) of ten percent (10%) of the gate fees paid to Contractor by third parties unaffiliated with Contractor for disposal of Solid Waste at 253
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the Oroville Transfer Station (the “Third Party Gate Fees”). The Host Fee shall be calculated as one-tenth (1/10th) of the Third Party Gate Fees and shall be paid to the City on a quarterly basis consistent with the payment of the Franchise Fee. As of the date of this Agreement, the parties are unaware of any other obligation by Contractor to pay a fee to City as consideration for the operation of the Oroville Transfer Station. In the event that after the date of this Agreement the parties become aware of any such obligation other than what is described in this Section 17, the Host Fee shall be automatically reduced without any action of the parties by the amount of such other fee or fees.

18. RATES

18.1 General. Contractor shall be entitled to set rates for all services provided pursuant to this Agreement, provided that such rates do not exceed the Maximum Rates set forth on Exhibit A, as adjusted from time to time in accordance with this Agreement. Any reference in this Agreement to Maximum Rates or Exhibit A shall be deemed to refer to Maximum Rates or Exhibit A as so adjusted. As of the Commencement Date, the Maximum Rates shall be as set forth on Exhibit A.

18.2 Annual Index Adjustment. Effective January 1, 2024 and each January 1 thereafter, the Service Cost component of each Maximum Rate shall be adjusted by the yearover-year percentage increase (if any) in the WST Index. The year-over-year percentage increase in the WST Index shall be calculated by comparing the average value of the WST Index over the 12 months ending on the October 31 immediately prior to the January 1 adjustment date, to the average value of the WST Index over the 12 months preceding such period. If such calculation yields a negative value, the year-over-year percentage change in the WST Index shall be deemed to be zero, and there shall be no adjustment under this section for the year in question. By the November 30 immediately prior to the January 1 adjustment date, Contractor shall submit to City, for City’s confirmation, Contractor’s calculation of the WST index adjustment, the supporting index data, and the resulting Maximum Rates. Notwithstanding the foregoing, the adjustment to the Service Cost component made pursuant to this Section 18.2 shall not exceed 4.0% for the adjustments to become effective January 1, 2024 and January 1, 2025 only. For the avoidance of doubt, the foregoing cap on the annual index adjustment shall not apply to the rate adjustment to become effective January 1, 2026 or any subsequent rate adjustments.

18.3 City Confirmation. Maximum Rate adjustments in accordance with Section 17.2 shall take effect automatically, without the need for approval by the City Council or City staff.

Nevertheless, City staff shall conduct an administrative review of the information submitted by Contractor under Section 17.2 to confirm whether Contractor’s calculations are accurate. If City staff determine that there is an inaccuracy, they shall notify Contractor in writing of the same with fifteen (15) days after Contractor’s submission. Thereafter, the parties shall cooperate in good faith to resolve and if necessary, correct the inaccuracy.

18.4 Extraordinary Adjustments.
(a) If, after the date of execution of this Agreement, there occurs any change in (i) Applicable Law, (ii) Governmental Fees, (iii) the boundaries of the Franchise Area, (iv) the number of Generators (but only if it is an increase that causes Contractor to incur additional capital expenditures, such as a new route to accommodate growth), (v) the facilities available to Contractor, or (vi) any other material change (each, an “Eligible Event”), and such Eligible Event results in an increase in Contractor’s costs of performing its obligations under this Agreement or 254
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a decrease in Contractor’s revenues from this Agreement, then Contractor may apply to the City for an extraordinary adjustment to Maximum Rates.
(b) A change in the facilities available to Contractor (item (v) above) shall be deemed to occur if a facility being used by Contractor ceases or suspends operation (e.g. due to closure, destruction, or damage), becomes unable to accept the material delivered by Contractor, or (in the case of third party facilities) refuses to accept such material, provided, however, that in the case of C&D processing facilities, such an event will be deemed in a change in the facilities available to Contractor only if no other C&D processing facility is available to Contractor within fifty (50) miles of City.
(c) An increase in an Affiliated Facility’s cost of disposal, processing, transfer, transport or other handling of material collected by Contractor under this Agreement shall be deemed to be an increase in Contractor’s costs of performing its obligations under this Agreement. Increased costs of a general of facility-wide nature (e.g. capital improvements required by new laws, or a Governmental Fee imposed on the facility as a whole rather than on a per-ton basis) shall be allocated to City on a pro rata basis. (d) Contractor’s application for an extraordinary adjustment shall be in writing and shall contain a written explanation of the Eligible Event, the increase or decrease in Contractor’s costs or revenues resulting from the Eligible Event, and the adjustment in Maximum Rates that Contractor proposes to offset the effect of the Eligible Event. Contractor shall provide such additional information as City may reasonably request in order to evaluate Contractor’s application.
(e) If Contractor provides substantial evidence that (i) an Eligible Event has occurred or will occur, (ii) the Eligible Event increased Contractor’s costs of or decreased Contractor’s revenues from this Agreement, and (iii) the amount of any increased costs (and if applicable the method of allocating them to City) is reasonable, then Contractor shall be entitled to an increase in Maximum Rates in an amount sufficient to cover Contractor’s increased costs (plus a profit margin calculated by dividing the increased costs by an operating ratio of 0.89) or decreased revenues resulting from the Eligible Event, whether incurred before or after submission of Contractor’s application or implementation of the extraordinary adjustment. (f) City shall use its best efforts to ensure that Maximum Rates are so increased within sixty (60) days after Contractor submits its application. If City fails to do so, then the adjustment shall be increased to account for the shortfall in revenues resulting from the delay, plus interest on the shortfall at the then-applicable Wall Street Journal Prime Rate plus two percent (2%).

18.5 Changes in Scope. If City wishes Contractor to change its services under this Agreement (including changes to enable City to comply with changes in Applicable Law), or to provide new services, then City shall notify Contractor in writing, and the parties shall negotiate in good faith for a period of sixty (60) days the terms of such new or changed services and the compensation payable to Contractor with respect to such new or changed services. Contractor shall not be required to begin providing such new or changed services until the City Council has 255
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adopted Maximum Rates mutually agreed by City and Contractor to compensate Contractor for such new changed services, and such Maximum Rates have taken effect.

18.6 Calculations. All changes in Maximum Rates shall be rounded to the nearest cent ($.01) and all percentages shall be rounded to the nearest one-tenth of one percent.

19. RECORDS & INSPECTION

19.1 Service Records. Contractor shall maintain all records generated by it in the ordinary course of business relating to the services provided hereunder, including customer lists, billing records, route maps, service records, financial records, operating statistics, and customer complaints. Such records shall be kept for at least five (5) years from the date of generation of each record, except that customer complaints need only be maintained for twenty-four (24) months as provided in Section 8.3.

19.2 Inspection. The City or its agent shall have the right, upon ten (10) business days’ prior written notice, to inspect all such records that reasonably relate to this Agreement, for the purpose of verifying Contractor’s compliance with this Agreement. Such records shall be made available to City for inspection at Contractor’s regular place of business during Contractor’s regular business hours.

19.3 Confidentiality. To the maximum extent permitted by Applicable Law, and subject to Section 19, City shall treat as confidential and not disclose all information made available by Contractor pursuant to Section 18.2, and all other information provided by Contractor to City that is marked “confidential” or “proprietary.” City shall not use any such information except for purposes of verifying Contractor’s compliance with this Agreement or performing City’s obligations under this Agreement.

19.4 Customer Lists. At City’s request upon reasonable prior notice, Contractor shall provide City the names of all customers of Contractor within the Franchise Area, the customer’s address, the types of service provided to that customer, the number and type of Containers provided to such customer, and whether the customer is delinquent in payments.

20. PUBLIC RECORDS
Contractor acknowledges that City is subject to the California Public Records Act, Government Code Section 6250 et seq., and that unless a particular record is exempt from disclosure under the Public Records Act or other applicable statute, it must be disclosed to the public by City upon request. If City receives a request for disclosure of Contractor information under the Public Records Act, City shall promptly notify Contractor in writing of such request, and shall not disclose such information until at least five (5) business days after such notice has been given. If Contractor believes the information is exempt from disclosure, Contractor may at its own cost file suit to prevent the information from being disclosed. If Contractor does so, City shall not disclose such information until the matter has been decided by a court of competent jurisdiction.

Any reasonable costs incurred by City in connection with such a suit brought by Contractor shall be borne by Contractor, unless City chooses to mount its own defense, independent of Contractor. 256
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21. REPORTING

21.1 Annual Reports. On or before March 1, 2022 and each March 1 thereafter, Contractor shall submit to City an annual report for the prior calendar year containing at a minimum the following information:
(a) Total tons of Solid Waste, Recyclables, Mixed Organics and C&D collected in prior year, allocated between Residential cart service, commercial cart and bin service, roll-off and compactor service.
(b) Estimated diversion rates for Recyclables, Mixed Organics, and C&D in prior year, and basis for estimates (e.g., facility recovery rate, waste characterization studies, etc.)
(c) Estimated diversion rate for all material collected in prior year, and how calculated (d) Total Solid Waste, Recyclable Material and Mixed Organics customers by line of business (i.e., Single-Family, Multi-Family, Commercial) and service level as of December 31
(e) Percentage of Multi-Family and Commercial customers that have been provided for each of Recyclables and Mixed Organics collection service, as of December 31 (f) Summary of public education and outreach activities in prior year (g) Total Gross Revenue generated and Franchise Fees payable in prior year The parties may by mutual written agreement add to or modify the above requirements.

19.2 Quarterly Reports. The City reserves the right to require more frequent reporting by the Contractor (e.g., quarterly reports) of information for purposes of documenting progress toward meeting it AB 1383 reporting requirements or other purpose deemed necessary by the City.

21.2 CERCLA Defense Records. City views the ability to defend against CERCLA and similar litigation as a matter of great importance. Therefore, City regards the ability to prove where Solid Waste collected in the Service Area was taken for disposal to be a matter of concern.

Contractor shall maintain records of where Solid Waste collected in the Service Area was landfilled (and therefore establish where it was not landfilled). Contractor shall maintain such records for a minimum of ten (10) years after expiration or earlier termination of this Agreement.

22. INDEMNIFICATION

22.1 General Indemnification. Contractor shall defend, indemnify, and hold harmless City and its elected officials, officers, employees and agents (collectively, “Indemnitees”) from and against any and all claims, suits, proceedings, liabilities, damages, losses, penalties, and costs and expenses incidental thereto (including reasonable attorney’s fees) (collectively, “Claims”) arising or resulting from injury to or death of any person or damage to property, in each case to the extent caused by Contractor’s breach of this Agreement, or Contractor’s violation of Applicable Law, negligence or willful misconduct in connection with this Agreement, in each of the foregoing cases, except to the extent such Claims are caused by the violation of Applicable Law, negligence or willful misconduct of any Indemnitees, and except as expressly prohibited by statute. The foregoing indemnity shall apply if the Claim is caused by the joint negligence of any Indemnitees and Contractor, but only to the extent of Contractor’s negligence.

22.2 Hazardous Substance Indemnification. Contractor shall defend, indemnify and hold harmless the Indemnitees from and against any and all Claims arising or resulting from the 257
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release or threatened release by Contractor or any Affiliated Facility of any Hazardous Waste in connection with Contractor’s performance of this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify Indemnitees from liability. For purposes of this subsection, “Claims” includes natural resources and punitive damages, and response, remediation and removal costs.

22.3 Prop. 218. City shall hold Contractor harmless against, and Contractor shall have no defense, indemnity or other obligation to any Indemnitee with respect to, any Claims arising out of or relating to City’s alleged or actual failure to comply with Article XIlIC or XIIID of the California Constitution. If a court ruling, majority protest, initiative or referendum (each, a “Restriction”) prevents Maximum Rates from being established or increased as required by this Agreement, or reduces Maximum Rates from the levels otherwise required by this Agreement, then: (i) the Franchise Fee shall be reduced by the amount of revenue lost to Contractor by reason of the Restriction, and (ii) if the amount of such lost revenue exceeds the Franchise Fee, the Franchise Fee shall be reduced to zero, and Contractor’s other obligations under this Agreement shall be reduced so that Contractor’s cost of performing this Agreement (after applying the operating ratio set forth in Section 17.4(e)) are commensurate with the Maximum Rates that Contractor may legally charge, and (iii) either City or Contractor may at any time terminate this Agreement upon two (2) years’ prior written notice to the other. City and Contractor shall negotiate in good faith any reduction in Contractor’s obligations under clause (ii) above. Contractor shall not be liable to City for any reduction in or non-payment of the Franchise Fee by reason of this subsection, nor shall any such reduction or non-payment invalidate this Agreement. Nothing in this Agreement shall be deemed an admission by City or Contractor that Articles XIIIC or XIIID of the California Constitution apply to the rates charged by Contractor under this Agreement.

23. INSURANCE

23.1 Contractor shall maintain insurance in compliance with this section, and shall ensure that each subcontractor performing work hereunder also maintains insurance in compliance with this section, as if the subcontractor were a party hereto. Contractor shall furnish insurance certificates evidencing the required coverages not later than ten (10) days prior to commencing services hereunder, and thereafter upon each policy renewal. Contractor shall maintain the following polices with at least the following limits:

Workers’ Compensation Statutory limits for CA
Employer’s Liability Bodily Injury by Accident – Each Accident $1,000,000 Bodily Injury by Disease – Each Employee $1,000,000
Bodily Injury by Disease – Policy Limit $1,000,000
Commercial General
Liability
Premises-Operations – Each Occurrence $1,000,000
Annual Aggregate (Other Than Prod.-Compl.

Ops.)
$1,000,000
Products-Completed Operations – Each
Occurrence
$1,000,000
Products-Completed Operations – Annual
Aggregate
$1,000,000
Automobile Liability* Combined Single Limit – Each Accident $1,000,000 Pollution Liability** Single Limit – Each Occurrence $5,000,000 258
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Annual Aggregate $5,000,000
Umbrella Liability*** Single Limit – Each Occurrence $5,000,000 Policy Limit $5,000,000
* Shall include MCS-90 and CA 9948 endorsements, or their equivalents.” ** Sudden and Gradual, including clean-up costs.
*** In excess of Employer’s Liability, Commercial General Liability, Automobile Liability and Product Liability.

23.2 Each policy required hereunder shall, or shall be endorsed to: (i) contain a waiver of subrogation in favor of City and its elected officials, officers, employees and agents; (ii) name City and its elected officials, officers, employees and agents as additional insureds, except for Workers’ Compensation and Employer’s Liability; (iii) be primary, and any insurance or selfinsurance maintained by such additional insureds shall not contribute with it, except for Workers’ Compensation and Employer’s Liability; (iv) remain in effect throughout the Term, and if written on a claims-made basis for five (5) years thereafter; (v) contain “cross-liability” or “separation of insureds” coverage; and (vi) be issued by companies licensed in each state where goods or services are provided, with an A.M. Best rating of A-:VII or better. If the issuer of any policy required hereunder is the subject of bankruptcy or insolvency proceedings, or becomes insolvent, Contractor shall within five (5) business days substitute another policy and issuer meeting the requirements of this section.

24. PERFORMANCE BOND
Contractor shall maintain throughout the term of this Agreement a performance bond in the amount of not less than $10,000 for the benefit of, and in a form reasonably acceptable to, City, or such other financial assurance as City may determine provides equivalent assurance in the event of Contractor's failure to perform. Such performance bond or other financial assurance shall secure Contractor’s full and faithful performance of its obligations under this Agreement throughout its term. A performance bond provided under this section shall be executed by a surety company licensed to do business in the State of California, with an A. M. Best or Standard and Poor’s rating of at least “A-“, and included on the list of surety companies approved by the Treasurer of the United States.

25. FORCE MAJEURE.

Notwithstanding any other provision, Contractor shall be excused from performing its obligations hereunder to the extent and for so long as performance of such obligations is rendered impossible, impracticable, or unsafe due to Force Majeure or the effect thereof. “Force Majeure” means earthquake, fire, flood, landslide, epidemic/pandemic, other act of nature, war, terrorism, sabotage, civil disturbance, strike or other labor action, governmental (including judicial) action, or any other event not the fault of and beyond the reasonable control of Contractor. Force Majeure shall not include governmental action resulting from Contractor’s violation of Applicable Law.

Contractor shall as soon as reasonably practicable provide City with written notice of any nonperformance excused by this section, together with a description of the Force Majeure and the reason it renders performance is impossible, impracticable or unsafe. Contractor shall restore performance as soon as reasonably possible.

26. RIGHT OF CITY TO PERFORM

26.1 If due to Force Majeure or for any other reason Contractor fails to collect, transport and dispose of or process all or a substantial portion of the waste that it is obligated to under this 259
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Agreement for more than three (3) consecutive business days, and as a result waste accumulates in the Franchise Area in such a manner that the City in its reasonable discretion finds that such accumulation endangers public health or safety, then City upon approval by the City Council may take possession of Contractor’s vehicles and Containers used in the performance of this Agreement for the purpose of providing the services that Contractor is failing to perform. If City takes possession of Contractor’s equipment under this section, City shall have the right to use the Affiliated Facilities to the extent Contractor had been using them to perform this Agreement.

26.2 During any such possession, City shall be responsible for maintaining and repairing Contractor’s vehicles and Containers, and shall replace or repair any that are damaged or destroyed (other than through ordinary wear and tear). City shall defend, indemnify and hold harmless Contractor from Claims arising out of City’s (or its subcontractor’s) negligence, willful misconduct or violation of Applicable Law in operating Contractor's vehicles or Containers, using the Affiliate Facilities, or otherwise providing the services. Contractor shall pay City the rate revenue received by Contractor attributable to the services performed by City. If Contractor’s failure to perform is excused due to Force Majeure, City will pay Contractor the reasonable rental value of the vehicles and Containers used by City, as well as any applicable tip fees at the Affiliated Facilities. City may subcontract the use and operation of Contractor’s vehicles and Containers and use of the Affiliated Facilities to a third party. City may retain possession of Contractor’s vehicles and Containers until Contractor demonstrates to City’s reasonable satisfaction that it is willing and able to resume providing services, but no longer than one hundred eighty (180) days.

27. DISPUTE RESOLUTION.

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be finally determined by binding arbitration in Sacramento, CA before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, as in effect on the date a claim is first filed. Judgment on the award may be entered in any court having jurisdiction. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by it in connection with the arbitration. The costs of the arbitration, including JAMS/arbitrator fees, shall be shared equally by the parties. The parties shall treat the proceedings, any related discovery and the arbitrator’s decisions as confidential, except in connection with judicial proceedings ancillary to the arbitration, or as required by law or to protect a legal right of a party.

28. TERMINATION

28.1 A party shall be in default under this Agreement if it breaches any material obligation under this Agreement and fails to cure such breach within thirty (30) days after receiving written notice by the non-breaching party of the breach, provided, however, that if the nature of the breach is such that it shall reasonably require more than thirty (30) days to cure, the breaching party shall not be in default so long as it promptly commences the cure and diligently proceeds to 260
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completion of the cure. If a party is in default under this Agreement, the other party may terminate this Agreement by providing at least thirty (30) days prior written notice to the defaulting party.

28.2 In addition to the above, City may terminate this Agreement by providing at least thirty (30) days prior written notice to Contractor if Contractor (i) files a voluntary petition for relief under any bankruptcy, insolvency or similar law; (ii) has an involuntary petition filed against it under any bankruptcy, insolvency or similar law, which petition remains undismissed or unstayed for ninety (90) days; (iii) is the subject of a seizure or attachment of, or levy on, a substantial part of Contractor’s equipment used in the performance of this Agreement, and such seizure, attachment or levy is not removed, or substitute equipment provided, within ninety (90) days.

29. MISCELLANEOUS PROVISIONS

29.1 Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements, representations or understandings with respect thereto (except as provided in Section 2). The exhibits hereto are integral parts of this Agreement.

29.2 Amendment. No modification, waiver or amendment of this Agreement or any provision hereof shall be effective unless in writing and signed by the party(ies) to be bound.

However, Exhibit A shall be deemed automatically amended to reflect all Maximum Rate adjustments made pursuant to this Agreement, without need of a signed writing.

29.3 Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law or conflicts of law provisions.

29.4 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed effectively made upon personal delivery, or confirmed delivery by nationally recognized overnight courier, to the party to be notified, at such party’s address specified below. A party may change its address for notices from time to time by providing written notice to the other party in accordance with this section.

To City: City of Oroville
Attn: City Administrator
1735 Montgomery Street
Oroville, CA 95965
To Contractor: Recology Butte Colusa Counties
Attn: Legal Department
50 California Street, 24th Floor
San Francisco, CA 94111
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29.5 No Waivers. No failure or delay in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof.

29.6 Severability. If any non-material provision of this Agreement is for any reason held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of any other provision of this Agreement.

29.7 No Subcontracting. Contractor shall not subcontract or delegate to any other Person, other than an Affiliate of Contractor, the performance of any of Contractor’s obligations under this Agreement, without City’s prior written consent.

29.8 Independent Contractor. Contractor is an independent contractor, and not an officer, employee or agent of City. Neither Contractor nor its officers, employees, agents or subcontractors shall obtain any rights or benefits which accrue to City’s employees. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor.

29.9 Compliance With Law. Each Party in the performance of its obligations hereunder shall comply with all Applicable Laws.

29.10 Assignment. Contractor shall not assign this Agreement to any other Person without City’s prior written consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of City and Contractor.

29.11 Survival. The following provisions shall survive the expiration or earlier termination of this Agreement: 21.2 (CERCLA Defense Records), 28 (Indemnification), 27 (Dispute Resolution) and 29 (Miscellaneous).

29.12 No Conflict. Each party represents and warrants that its execution, delivery and performance of this Agreement has been duly authorized and does not and shall not conflict with or constitute a breach of any agreement to which it is a party or by which it is bound, any provision of Applicable Law, or any other legal requirement.

29.13 Interpretation. This Agreement shall be construed as if drafted jointly by the parties, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any provisions of this Agreement. Section headings are for convenience and shall not be used in construing this Agreement. “Including” and its variants mean “including without limitation.”

29.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Facsimile signatures (including PDFs sent by email or DocuSigned) shall be valid. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS THEREOF, City and Contractor have executed this Solid Waste, Recyclable Materials and Organic Waste Franchise Agreement as of the date first written above.

CITY OF OROVILLE
By: _________________________
[name]
[title]
Approved as to form:

By: _________________________
[name]
[title]

RECOLOGY BUTTE COLUSA COUNTIES
By: _________________________
Salvatore M. Coniglio
Chief Executive Officer
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1 Exhibit B
SB 1383 Related Matters

1. Definitions

1.1. “Blue Container” means a Container colored as follows: (a) the lid shall be blue, or (b) the body shall be blue and the lid shall be either blue, gray, or black. Hardware such as hinges and wheels may be any color.

1.2. “Gray Container” means a Container colored as follows: (a) the lid shall be gray or black, or (b) the body shall be gray or black and the lid shall be gray or black. Hardware such as hinges and wheels may be any color.

1.3. “Green Container” means a Container colored as follows: (a) the lid shall be green, or (b) the body shall be green and the lid shall be green, gray, or black. Hardware such as hinges and wheels may be any color.

1.4. “Hauler Route” means the designated weekly itinerary or sequence of stops scheduled to be performed by one collection vehicle providing regularly scheduled Solid Waste, Recyclables or Compostables collection services (not on-call or Bulky Item/Abandoned Waste), excluding compactor collection services, within the Service Area.

1.5. “Prohibited Container Contaminants” means any of the following:

1.5.1. Non-Compostables placed in the Green Container, including but not limited to textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste;

1.5.2. Compostables or Recyclables placed in the Gray Container that is specifically identified under the Agreement for collection in the Green Container or Blue Container;

1.5.3. Compostables placed in the Blue Container that is specifically identified under the Agreement for collection in the Green Container. Paper products and printing and writing paper may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in the Blue Container.

1.6. “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras.

2. “SB 1383 Regulations” means or refers to Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Article 12 and amended portions of regulations of 14 CCR and 27 CCR.Container Colors.

2.1. General Requirement. Contractor shall ensure that each Container that it newly purchases after January 1, 2022 and provides to a Customer serviced under the Agreement conforms to the following color scheme: Gray Containers for collection of Solid Waste, Blue Containers for collection of Recyclables, and Green Containers for collection of 264
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2 Compostables. In addition, Contractor shall ensure that all Containers it uses to provide such services to Customers serviced under the Agreement conform to such color scheme by January 1, 2036.

2.2. Specific Material Types. Paper products and printing and writing paper, each as defined in the SB 1383 Regulations, may be placed in either the Blue Container or the Green Container. Carpet and textiles may not be placed in either the Blue Container or the Green Container.

3. Container Labels.

3.1. General Requirement. Contractor shall ensure that each Container (or Container lid) that it newly purchases after January 1, 2022 and provides to a Customer serviced under the Agreement shall be labeled or imprinted with language and/or graphics that clearly indicates the primary items accepted and the primary items that are Prohibited Container Contaminants for that Container type. Contractor may comply with this section by using model labeling provided by CalRecycle.

4. Route Reviews.

4.1. General Requirement. At least once annually, beginning in 2023, Contractor shall provide the City with a list of all hauler routes and service days for City staff to utilize to conduct annual route reviews. Contractor shall provide additional route review assistance in the form of outreach materials, such as cart tags and educational material explaining how to properly source separate materials in Contractor’s provided 3 cart system for City staff to distribute when performing route reviews.

4.2. Notice of Contamination. If Contractor finds Prohibited Container Contaminants in a Container during daily collection the cart will be tagged with a cart tag and the generator account information and noted contamination violation will be noted and reported to the City on a weekly basis.

5. Compliance Reviews.

5.1. General Requirement. At least once annually, beginning in 2023, Contractor shall review the records of its Commercial Service Recipients in the City that are subscribed for at least two (2) cubic yards per week of combined Garbage, Mixed Organics and Recyclable Materials service, to determine whether those Commercial Service Recipients are subscribed for Mixed Organics collection service or have an applicable waiver. Contractor shall include the results of each compliance review in its quarterly reports the City, as required by Section 7.

5.2. Site Visits. Based on the results of Contractor’s Compliance Reviews conducted pursuant to Section 5.1, Contractor shall conduct an annual site visit to each Commercial Service Recipient in the City that is subscribed for at least two (2) cubic yards per week of combined Garbage, Mixed Organics and Recyclable Materials Service and determined to not be subscribed to Organic Waste Collection Service and that has not been granted a waiver. During the site visits, Contractor shall encourage those businesses to sign up for SB 1383 compliant Organics Waste Collection Service and provide educational material about SB 1383’s requirements. Contractor will also collect photographic documentation 265
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3 during all site visits. The Contractor shall conduct no less than 30XX in-depth, in-person, diversion site visits per quarter.

6. Education & Outreach.

6.1. Prior to May 1, 2022, and annually thereafter, Contractor shall provide the following to all Service Recipients under the Agreement. This information will be provided, at a minimum, through print and/or electronic media, on the Contractor’s website, and may also be provided through workshops, meetings and/or on-site visits. Contractor shall provide Commercial Service Recipients with interactive assistance such as employee trainings, in a virtual or in-person format, when Mixed Organics Collection Service is added, or upon request.

6.1.1. Information on the Customer’s requirements to properly separate MSW, Recyclable Material and Organic Waste materials in appropriate containers and required by City Ordinance No. 1861.

6.1.2. Information on methods for: the prevention of MSW, Recyclable Material and Compostables generation, recycling Compostables on-site, sending Recyclable Materials and Compostables to community recycling and composting facilities, and any other local requirements regarding MSW, Recyclable Materials and Compostables.

6.1.3. Information regarding the Green House Gas reduction benefits of reducing the landfill disposal of Recyclable materials and Compostables, and the methods of Recyclable Materials and Compostables recovery contemplated by the Agreement.

6.1.4. Information regarding how to recover Recyclable Materials and Compostables.

6.1.5. Information related to the public health and safety and environmental impacts associated with the landfill disposal of MSW, Recyclable Material and Compostables.

6.2. The above information will be provided, at a minimum, through print and/or electronic media, on the local Recology website, and may also be provided through workshops, meetings and/or on-site visits.

6.3. Educational materials provided pursuant to the above shall be translated into Spanish.

7. Reporting.

7.1. Beginning January 1, 2022, Contractor shall provide the following information to City as part of Contractor’s regularly scheduled quarterly reports under the Agreement:

7.1.1. For information provided by Contractor pursuant to Section 6 above:
(a) Copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, mass emails, and other mass electronic messages).
266
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4 (b) The date the information was disseminated or the direct contact made. For website and social media postings, this shall be the date posted. (c) To whom the information was disseminated or the direct contact made. For mass distributions such as mailings or bill inserts, Contractor may provide the type and number of accounts receiving the information, rather than listing each recipient individually.
(d) Notwithstanding any other provision, Contractor shall not be required to track or provide copies of emails, texts, or other electronic communications with individual Customers (e.g. if a CSR answers a customer question).

7.1.2. For Compliance Reviews:
(a) The date the review was conducted.
(b) The name and title of each person conducting the review. (c) For Compliance Reviews, the results of such review (i.e. Contractor’s findings as to whether the Customers reviewed are subscribed for Compostables collection service, have an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. a spreadsheet based on Contractor’s account records summarizing the reviewed Customers’ service levels and waiver status).
(d) Copies of any educational materials issued pursuant to such reviews (other than notices of Prohibited Container Contaminants, which are covered below).

7.1.3. Documentation relating to observed Prohibited Container Contaminants:
(a) Copies of the form of each notice issued by Contractor to Customers for Prohibited Container Contaminants, as well as, for each such form, a list of the Customers to which such notice was issued, the date of issuance, the Customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons).
(b) The number of times notices were issued to Customers for Prohibited Container Contaminants.
(c) The number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.

7.1.4. A description of Contractor’s process for determining the level of Container contamination under the Agreement.

8. Waivers

8.1. General. City may grant de minimis and/or physical space waivers to Commercial or MultiFamily customers (not Single-Family Customers) that exempt the Customer from the requirement to subscribe for Recyclable Materials or Mixed Organics Collection service. If a customer has more than one service address, City shall require the customer to submit 267
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5 a separate waiver application for each service address. Contractor will notify the City of any waiver requests received and/or any waiver recommendation determined by the Contractor for review by City staff.

8.2. Contractor will provide a link to the City’s online wavier application page on their website for those looking for the City’s waiver application.

8.3. Contractor Review of Customer Waiver Requests. Upon City request, Contractor shall review the Commercial or Multi-Family customer’s waiver application, verify the accuracy of factual matters stated in the application that are readily verifiable from Contractor’s computer systems (e.g. service levels), inspect the applicable service address to assess the matters specified below, and provide City with documentation of the inspection. In lieu of visiting the service address, inspections may be conducted via video.

8.4. Scope of Inspection. In its inspections, Contractor shall only be required to assess the following matters, unless otherwise mutually agreed by Contractor and City: (i) For physical space waiver applications, whether the Container storage area(s) at the service address are in Contractor’s opinion sufficient to add a Recyclable Materials and/or Mixed Organics container (whichever one(s) the Customer is seeking a physical space waiver for). “Container storage area” means a contiguous area designated by the Customer for storage of Refuse, Recyclable Materials, and/or Mixed Organics Containers. (ii) For de minimis waiver applications, the estimated weekly volume of Mixed Organics and/or Recyclable Materials generated by the Customer and discarded in the Solid Waste Containers at the service address. The estimate shall be based on a single visual inspection of the contents of Container(s) at the service address. Each inspection shall involve observing the contents of the Container(s) (whether by lifting the lid, using a camera, or other method deemed appropriate by Contractor), but shall not require Contractor to disturb the contents or open any bags.

8.5. Service Level Updates. City will be responsible for approving or denying the waiver applications following receipt of Contractor’s documentation. When City grants, denies, extends or terminates a waiver, City shall within ten (10) Business Days provide the following information to the Customer and Contractor in writing: (i) the specific Customer and service address to which the waiver applies, (ii) whether the waiver was granted/denied or extended/terminated, and (iii) any changes to service level or Collection service requirements required or permitted to be made by the Customer. At Contractor’s request, City shall provide Contractor an updated listing of waivers approved by City, including each Customer’s names, mailing address, service address, date waiver was granted/denied/extended, and type of waiver.

8.6. Limitations. Notwithstanding the foregoing: Contractor shall maintain [XXX] full time equivalent route auditors dedicated to the Service Area. Contractor shall not be required to conduct waiver reviews for more than [XXX] service addresses per week on average for the Service Area, for each such route auditor. Physical space and de minimis waivers will be counted separately for purposes of the preceding sentence. If a service address has multiple container storage areas, every 3 container storage areas (or fraction thereof) shall be counted as 1 waiver review (e.g. a service address with 4-6 container storage areas would count as 2 waiver reviews, a service address with 7-9 container storage areas would count as 3 waiver reviews, etc.). Contractor’s obligation to conduct waiver reviews is subject to the Customer timely permitting Contractor’s personnel to inspect the Customer’s premises during normal business hours and provide information reasonably 268
Item 10.
6 requested by Contractor. Except for account and service level information in Contractor’s database and the factual matters required to be assessed by Contractor as provided in subsection 8.3 above, Contractor shall be entitled to rely on information provided by the Customer, and shall not be responsible for any false or inaccurate information provided by the Customer.
269
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Recology Butte Colusa Counties
Commercial Bin Rates
City of Oroville

COMMERCIAL BIN RATES
Frequency (Pickups per Week)
Bin Size 1 2 3 4 5 6

1.0 Cu Yd
Base Rate $108.48 $201.04 $293.60 $386.06 $478.63 $623.96 Disposal 15.33 30.65 45.99 61.31 76.64 91.96
Other 0.00 0.00 0.00 0.00 0.00 0.00
Sub Total $123.81 $231.69 $339.59 $447.37 $555.27 $715.92 Franchise Fee 13.76 25.74 37.73 49.71 61.70 79.55
TOTAL $137.57 $257.43 $377.32 $497.08 $616.97 $795.47

1.5 Cu Yd
Base Rate $131.68
Disposal 22.99
Other 0.00
Sub Total $154.67
Franchise Fee 17.19
TOTAL $171.86

2.0 Cu Yd
Base Rate $155.76 $280.41 $405.05 $529.72 $654.44 $854.73 Disposal 30.65 61.31 91.96 122.63 153.28 183.94
Other 0.00 0.00 0.00 0.00 0.00 0.00
Sub Total $186.41 $341.72 $497.01 $652.35 $807.72 $1,038.67 Franchise Fee 20.71 37.97 55.22 72.48 89.75 115.41
TOTAL $207.12 $379.69 $552.23 $724.83 $897.47 $1,154.08

3.0 Cu Yd
Base Rate $202.97 $359.80 $516.61 $673.47 $830.28 $1,085.21 Disposal 45.99 91.96 137.95 183.94 229.92 275.90
Other 0.00 0.00 0.00 0.00 0.00 0.00
Sub Total $248.96 $451.76 $654.56 $857.41 $1,060.20 $1,361.11 Franchise Fee 27.66 50.20 72.73 95.27 117.80 151.23
TOTAL $276.62 $501.96 $727.29 $952.68 $1,178.00 $1,512.34

4.0 Cu Yd
Base Rate $250.21 $439.20 $628.17 $817.11 $1,006.05 $1,315.81 Disposal 61.31 122.63 183.94 245.25 306.57 367.88
Other 0.00 0.00 0.00 0.00 0.00 0.00
Sub Total $311.52 $561.83 $812.11 $1,062.36 $1,312.62 $1,683.69 Franchise Fee 34.61 62.43 90.23 118.04 145.85 187.08
TOTAL $346.13 $624.26 $902.34 $1,180.40 $1,458.47 $1,870.77

5.0 Cu Yd
Base Rate $297.49 $518.59 $739.69 $960.79 $1,182.15 $1,546.40 Disposal 76.64 153.28 229.92 306.57 383.20 459.84
Other 0.00 0.00 0.00 0.00 0.00 0.00
Sub Total $374.13 $671.87 $969.61 $1,267.36 $1,565.35 $2,006.24 Franchise Fee 41.57 74.65 107.73 140.82 173.93 222.92
TOTAL $415.70 $746.52 $1,077.34 $1,408.18 $1,739.28 $2,229.16

6.0 Cu Yd
Base Rate $344.78 $597.96 $851.24 $1,104.49 $1,358.22 $1,776.99 Disposal 91.96 183.94 275.90 367.88 459.84 551.81
Other 0.00 0.00 0.00 0.00 0.00 0.00
Sub Total $436.74 $781.90 $1,127.14 $1,472.37 $1,818.06 $2,328.80 Franchise Fee 48.53 86.88 125.24 163.60 202.01 258.76
TOTAL $485.27 $868.78 $1,252.38 $1,635.97 $2,020.07 $2,587.56 Rates to become Effective January 01, 2023
City of Oroville Rates - Jan 1 2023 PROPOSED Comm Bin Rates 1 of 6 11/3/2022 4:20 PM 270
Item 10.

Recology Butte Colusa Counties
City of Oroville
Rates to Become Effective January 01, 2023

RESIDENTIAL RATES
Monthly Rate
One Pickup per Week Regular Senior
1 x 32 -gallon Can (w/o S/Cs) $26.40 $25.34
2 x 32 -gallon Cans (w/o S/Cs) 37.38 36.32
3 x 32 -gallon Cans (w/o S/Cs) 45.22 n / a
1 x 64 -gallon Cart (w/o S/Cs) $35.32 $34.26
1 x 96 -gallon Cart (w/o S/Cs) $37.68 $36.62
Add'l Can w/ 96-gal Toter $11.68 n / a
Back Yard Service $10.07 n / a
Hazardous Waste Surcharge $0.51 $0.51
AB 939 Compliance Fee (City) $0.63 $0.63

COMMERCIAL RATES
Container Frequency (Pickups per Week
Size 1 2 3 4 5 6 7

1.0 Cu. Yd. Bin $137.57 $257.43 $377.32 $497.08 $616.97 $795.47 n / a

1.5 Cu. Yd. Bin $171.86 n / a n / a n / a n / a n / a n / a

2.0 Cu. Yd. Bin $207.12 $379.69 $552.23 $724.83 $897.47 $1,154.08 n / a

3.0 Cu. Yd. Bin $276.62 $501.96 $727.29 $952.68 $1,178.00 $1,512.34 n / a

4.0 Cu. Yd. Bin $346.13 $624.26 $902.34 $1,180.40 $1,458.47 $1,870.77 n / a

6.0 Cu. Yd. Bin $485.27 $868.78 $1,252.38 $1,635.97 $2,020.07 $2,587.56 n / a 1 x 32 -gallon Can $22.46 n / a n / a n / a n / a n / a n / a 2 x 32 -gallon Cans $33.44 n / a n / a n / a n / a n / a n / a 3 x 32 -gallon Cans $41.26 n / a n / a n / a n / a n / a n / a 1 x 64 gallon Cart $31.37 n / a n / a n / a n / a n / a n / a 1 x 96 gallon Cart $33.74 n / a n / a n / a n / a n / a n / a DEBRIS BOX - Single Pull Rates
20 Cu. Yd. Bin $500.37 per pull
30 Cu. Yd. Bin 681.44 per pull
40 Cu. Yd. Bin 828.04 per pull
Trip charge $69.04 per trip
City of Oroville Rates - Jan 1 2023 Proposed Rates Grid 2 of 6 11/3/2022 4:20 PM 271
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RESIDENTIAL RATES
City of Oroville
Rates to become Effective January 01, 2023
January 01, 2023
Household Hazardous Waste Surcharge $0.51
AB 939 Compliance Fee (City of Oroville) $0.63
Once per Week Service
96-gallon Cart
Basic Rate $37.68
Household Hazardous Waste Surcharge 0.51
AB 939 Compliance Fee 0.63
Monthly Charge $38.82
64-gallon Cart
Basic Rate $35.32
Household Hazardous Waste Surcharge 0.51
AB 939 Compliance Fee 0.63
Monthly Charge $36.46
Additional Can (with 96-gallon Cart)
Basic Rate $11.68
Household Hazardous Waste Surcharge n/a
AB 939 Compliance Fee n/a
Monthly Charge $11.68
1 x 32-gallon Can
Basic Rate $26.40
Household Hazardous Waste Surcharge 0.51
AB 939 Compliance Fee 0.63
Monthly Charge $27.54
2 x 32-gallon Cans
Basic Rate $37.38
Household Hazardous Waste Surcharge 0.51
AB 939 Compliance Fee 0.63
Monthly Charge $38.52
3 x 32-gallon Cans
Basic Rate $45.22
Household Hazardous Waste Surcharge 0.51
AB 939 Compliance Fee 0.63
Monthly Charge $46.36
Backyard Pickup
Regular (in addition to service above) $10.07
($1.06) Senior Citizen Discount (applies to Cart or Can service only) City of Oroville Rates - Jan 1 2023 Proposed Res Rates 3 of 6 11/3/2022 4:20 PM 272
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Recology Butte Colusa Counties

COMMERCIAL RATES
City of Oroville
Rates to become Effective January 01, 2023
Carts (Toters) and 32-gallon Cans
Once per Week Service
Monthly
Charge
96-gallon Cart $33.74
64-gallon Cart 31.37
1 x 32-gallon Can $22.46
2 x 32-gallon Cans 33.44
3 x 32-gallon Cans 41.26
Additional Can (with 96-gallon Cart) $11.68
Bins - Charge per Month
Service (times per week)
Ctr. Size (Cu. Yd.) 1 2 3 4 5 6

1.0 $137.57 $257.43 $377.32 $497.08 $616.97 $795.47

1.5 171.86

2.0 207.12 379.69 552.23 724.83 897.47 1,154.08

3.0 276.62 501.96 727.29 952.68 1,178.00 1,512.34

4.0 346.13 624.26 902.34 1,180.40 1,458.47 1,870.77

6.0 485.27 868.78 1,252.38 1,635.97 2,020.07 2,587.56
Extra Pickup: Charge per Pickup
Ctr. Size (Cu. Yd.) Charge

1.0 $41.74

1.5 50.84

2.0 61.60

3.0 82.84

4.0 104.07

6.0 147.01
City of Oroville Rates - Jan 1 2023 Proposed Coml Rate Grid 4 of 6 11/3/2022 4:20 PM 273
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Recology Butte Colusa Counties

COMPACTOR & DEBRIS BOX RATES
City of Oroville
Rates to become Effective January 01, 2023
DEBRIS BOX Charge
per Load
Size (In cubic Yards
3 $188.47
6 246.07
15 433.39
20 500.37
22 n / a
25 n / a
30 681.44
40 828.04
COMPACTOR Charge
per Load
Size (In cubic Yards
4 n / a
6 n / a
15 $508.96
20 631.22
22 750.31
25 916.74
30 1,007.43
40 1,342.63
Trip Charge $67.74
City of Oroville Rates - Jan 1 2023 Proposed Comp & DB 5 of 6 11/3/2022 4:20 PM 274
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Recology Butte Colusa Counties

COMPACTOR & DEBRIS BOX RATES

PROPOSED RESIDENTIAL RATES
One Pickup per Week Base
Rate Disposal Sub Total Fran Fee HHaz AB 939 Other Total Charge
Call Back 8.61 - 8.61 0.96 0.00 9.57
Contamination 8.61 - 8.61 0.96 0.00 9.57

PROPOSED COMMERCIAL CAN & CART RATES
One Pickup per Week Base
Rate Disposal Sub
Total Fran Fee HHaz AB 939 Other Total
Charge
Call Back $15.89 $2.55 $18.44 $2.05 $0.00 $0.00 $0.00 $20.49 Contamination 22.57 2.55 25.12 2.79 0.00 0.00 0.00 27.91 City of Oroville
Rates to become Effective January 01, 2023
275
Item 10.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: BILL LaGRONE, CITY ADMINISTRATOR
RE: REQUEST FOR COUNCIL DIRECTION TO PROCURE DRAWINGS FOR

THE SANK PARK FENCE
DATE: NOVEMBER 15, 2022

SUMMARY
The Council may receive information of procurement of fence drawing for the Sank Park fence as requested by City Council.

DISCUSSION
On October 2, 2022, staff presented the bids received for the fabrication and installation of the Sank Park fence. Form staff’s report prompted a request from Council to have a full presentation with drawings of the proposed fences to be presented to Council from each bidder.

Northstate Earth & Water, Inc. produced photos of the prefabricated fence panels and other projects completed by the company. B&M Builders, Inc. corresponded with their drafting firm and proposed $4,910 to produce drawings of the fence for the requested presentation.

Staff is seeking direction from Council to move forward with the request for the drawings.

FISCAL IMPACT
Total cost of $4,910 from the General Fund Parks Department. 3231-6360 Outside services.

RECOMMENDATION
Request for direction

ATTACHMENTS
None
276
Item 11.
1 City of Oroville

OFFICE OF THE CITY ADMINISTRATOR
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2433 FAX (530) 538-2468
www.cityoforoville.org
Monthly Department Report
October 2022

BUILDING
 Permits Issued – 95
 Applications Received - 103
 Total Permits Finalized – 94
 Business Licenses/Occupancies Issued – 6 (3 new business/ 2 owner change/1 location change)
 Continued increase in commercial, retail & drive-thru development interest  Permit Violations due to Code Enforcement Stop Work Notices $685.00

CODE ENFORCEMENT

CODE ENFORCEMENT DIVISION

OCTOBER MONTHLY REPORT

CODE ENFORCEMENT ACTIVITIES
Total Active Code Enforcement Cases 183
Cases Closed 137
New Cases Opened 52

NEW CODE ENFORCEMENT CASES/ CASE DESIGNATIONS
Abandoned Vehicle Abatement 16
Building Code Violation(s) 8
Graffiti 0
Multi-Family 8
Public Nuisance(s) 26
277
Item i.
2 Sub-Standard Housing 1
New Vacant Building Monitoring 1
Stop Work Notices Issued 7

TOTAL FEES COLLECTED
CITATION: $2,000
RED TAG: $ 00.00
VACANT BUILDING MONITORING: $359.33
UBLE FEES FROM STOP WORK NOTICES: $685.00
October: This was a busy month following up on cases, working on abatement and inspection warrants for the following properties, 2585 A Street, 3975 Spencer Ave, 3320 Burlington and 111 Worthy Avenue. All the properties involve various financial institutions transferring ownership to avoid responsibility or a deceased property owner who has left no trust of will.

The Code Enforcement Team along with Public Works, City Works, Oroville Police and Animal Control abated a nuisance property at 2280 Veatch Street, Oroville. This included the removal of a motorhome; 5th wheel travel trailer and six vehicles. Animal Control assisted in the removal of nine dogs at various stages of growth that were left abandoned on the property. Oroville Police assisted by removing several squatters illegally camping on the commercial property. Public Works, City Works and Code Enforcement assisted by abating hazards.

Code Enforcement, Public Works, and City Works cleared “The Orchard” located south of Grand and west of Table Mountain Boulevard. The illegal camping in the area was preventing another phase of the building of apartments. Recology donated two 40-yard dumpsters for this project. The subjects illegally camping on this property were given eight days to leave the property. They were offered housing assistance by Housing Navigator Ian Clement, behavior health options and other low cost no cost help. On the day of the clearing over seventy thousand pounds of trash and debris was removed from this property. A travel trailer and stripped vehicle were also removed under the abandoned vehicle abatement program.

This month Code Technicians Julio Salcedo, Pa Cha Vang, and Pa Nhia Vang attended the 2022 California Association of Code Enforcement Officers Conference in Garden Grove California. Over the three-day event they attended classes involving receivership of properties, use of drones in code cases, leadership classes, inspection, and abatement 101, drug and red-light abatement, neighborhood watch program, code enforcement and criminal justice reform, mitigation of threat and hazards using code enforcement and code enforcement safety on and off the job. I have instructed at these conferences in the past and know the training value and the need for conde enforcement technicians to attend this 278
Item i.
3 specialized training. These courses also support SB296 involving the mandated training for Code Enforcement.

It should be noted that we are down a staff assistant and two code enforcement technicians. We have conditional job offers out for the two code enforcement technicians and are in the process of hiring for the staff assistant position.

ENGINEERING
Capital Projects
 No report provided

PLANNING
 The California Public Utilities Commission approved the City’s Local Agency Technical Assistance Grant of $500,000 in 100% reimbursable funds for pre-construction planning costs associated with broadband development. Council voted in approval of accepting the award on November 1st.
 Supported the October 27 Planning Commission meeting. The Commission reviewed two Use Permits, one for oversized signage at 491 Oro Dam Blvd and the other for outpatient services in a Corridor Mixed Use zoning district at a proposed new multi-tenant commercial facility.
 Supported the October 13 Development Review Committee (DRC) meeting. Projects reviewed included the oversized signage at 491 Oro Dam Blvd, the outpatient services in a Corridor Mixed Use zoning district at a proposed new multi-tenant commercial facility, and a remodel of two adjacent apartment buildings within the Downtown Historic District.  Currently have about 50 active planning and building permit applications including building permit reviews, signs, zoning compliance letters, solar installations, re-zonings and use permits. Reviewing or completed reviewing 20 separate event, home occupation and other administrative permits.
 Reviewed recent applications and prepared staff reports for larger housing projects including: Gold Creek Commons Mixed Use Development and Subdivision, Lincoln Family and Senior Apartments, Feather Ranch Subdivision, Rose Oaks Subdivision annexation, and Grand Acres Subdivision.
 Began a project to create a master list of conditions for new construction projects.  Completed a number of questionnaires for the new permitting software system Tyler Technologies/Energov.
279
Item i.
4  The Southside Revitalization Zone Champions are working together to identify personal assistance and property redevelopment needs. City staff need to spend some time in November and December supporting this effort.
 Addressed dozens of phone, walk-in and email inquiries for potential annexations, commercial, industrial, ADU, fence, and setbacks. Helping potential applicants move their projects forward incrementally.
 The Draft 2022-2030 Housing Element adopted by the City Council on July 19 continues at HCD for their certification review. Housing Tools is currently reviewing. Expect comments or certification in November.

PARKS & TREES DEPARTMENT
The following is a list of things we are working on or accomplished in October:
 Cleaning parks and green areas on a routine basis
 Conducted and attended numerous trainings and safety meetings  Worked in all LLAD areas cleaning, pruning, and weeding  Trimming small and medium sized trees for site clearances  Continued watering street trees with the City water truck  Continued working weekends, cleaning, and working events in the Parks  Open and close museums on a regular basis
 Install numerous street, regulatory, and warning signs  Spray herbicides in various areas around the City
 Mowed on a regular basis
 Ran street sweeper on a regular basis
 Spent 33 crew hours cleaning and repairing graffitied and vandalized areas throughout the parks and other facilities
 Filled over 142 potholes
 Picked up illegally dumped items on a routine basis throughout town; assisted Code Enforcement and the City Works Crew with private property clean-ups  Continued running through numerous irrigation systems and making repairs  Striped and painted arrows, stop bars and stop legends on a portion of Foothill Blvd
 Street repairs on Foothill Blvd, Pine St, Plumas Ave, Brereton Ave, and Ophir  Tree pruning and shoulder clearing on a portion of Oro Quincy Hwy, and on Glen
 Cleaned a portion of Dry Creek by Lincoln Blvd with assistance from City Works This is a partial list and does not include some of the smaller or remedial tasks that we conduct on a day-to-day basis.
280
Item i.
5 BUSINESS ASSISTANCE & HOUSING DEVELOPMENT DEPARTMENT
 Loan Portfolio Monitoring includes credit reporting, late payment notices, late insurance notices, annual inspections and certification, and foreclosure processing. (ongoing) Current portfolio balance is $37,788,144
Payoffs received for FY 22/23 are $128,258
30 payoffs in the amount of $1,810,924 for FY 21/22
 Monthly reimbursement requests were prepared and submitted for 9 grant agreements.  Foreclosure in process going to Trustee’s sale December 7, 2022 for 16 Midway.  CDBG DR-MHP -Working through the required documentation for a Notice To Proceed (NTP) for Lincoln St. Phase I and items needed for application of Lincoln St. Phase II.

Total amount awarded to the City of Oroville $17,000,089.  Began the NEPA process for Lincoln St. Apartments.
 City was awarded $2,733,374 in Encampment Resolution Funding-Mission Esperanza Project.
 CDBG CV 2&3-contract amendment was completed
 CDBG CV23 (UAP) contract was closed out.
 CDBGCV1 Contract is in the process of being closeout
 17CDBG12014-grant was closed out.
 Submitted CDBG application for $500,000 Neighborhood Cleanup Program-awaiting notification.
 In the process of applying for a 2022 PI Only Application for Oroville Convention Center Improvements, currently pending NEPA preparation
 FTHB Program-closed 2 loan, 4 loans approved, received 4 applications, currently reviewing/qualifying6 applications.
 Owner-Occupied Rehabilitation Program-closed 0 loans, 2 applications received, 0 applications reviewed.

CITY CLERK
 No report provided

FINANCE DEPARTMENT
 Software deployment
o Payroll Software, UKG Ready
 Progress being made with a Go live date set for January 1st 2023 o Financial Software, Tyler Technologies
 Two full days are devoted each week to set up and trainings. o ClearGov Transparency software, still implementing
 Digital Budget Book
 Operational Budgeting
 Transparency Portal
281
Item i.
6  Policy updating
o Split the Budget and Purchasing Policy into two separate policies o Create a Sewer Fees policy
 Project to clean up and close the Deposits Payable Agency Fund  Develop a new cost allocation for the new budget year  Set up new web portal for administration of
o Utility User Tax
o Transient Occupancy Tax
 Updating the Master Fee Schedule
 Opening a new Investment Managed Account with Chandler Asset Mgmt o This task is on hold while the market is in turmoil
 Starting a project to audit Utility User Tax and Franchise Fee revenues with Muni Services
 Reporting for Butte Co Association of Governments.
 Year End closing process
 Final audit scheduled for the week of the December 19th 2022.

Unanticipated Revenue:
 Second and final allocation from the Coronavirus Fiscal Recovery proceeds o $2,480,366.00 received on July 21,2022 to mitigate the fiscal effects stemming from the public health emergency caused by COVID-19.
 Allocation of $43,219.94 from National Opioid Settlements Loan Payoff to Bank of Marin (Formerly American River Bank).

On October 18th Council approved the payoff of this loan. Due to payoff restrictions, we have to wait until April 3, 2023 to pay it off. Payoff amount is $2,247,920.86. Balance at the time of staff report was $2,193,502.60.

Savings on an early payoff will save the City $603,714.54.

HUMAN RESOURCES
 NO REPORT PROVIDED

RECYCLING PROGRAM
 Working with Jennifer Arbuckle on SB 1383 Ordinance and updating codes.

AIRPORT DIVISION
 No report provided

INFORMATION TECHNOLOGY
 No report provided
282
Item i.
7 GEOGRAPHIC INFORMATION SERVICES
 As needed services provided by Spatial California Services.

PUBLIC WORKS DEPARTMENT
Fleet Maintenance Division
 No report provided
Electrical
 No report Provided
Sewer Division
 No report provided

PUBLIC SAFETY
Police Activity:
 Calls for Service 2,809
 Officer Initiated Incidents 473
o Total Incidents 3,274
o Total Reports 339
o Total Arrests 110
o Total Citations 39
283
Item i.
11/15/22 Monthly Report Page 1 of 3

OROVILLE CITY COUNCIL

MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS

TOM LANDO, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2022
DATE: NOVEMBER 15, 2022

SUMMARY
The Council will receive a monthly report regarding the activities, and general information for the Police Department.

Staffing:

Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 20 29 9
Dispatcher 5 7 2
Municipal Law
Enforcement 8 9 1
Administrative
Personnel 3 4 1

Department Activity:

Events Year to Date
2022
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
35,131 3:45 minutes 6:46 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:

Patrol Checks
OCTOBER 2022 144
Year to Date 2,289
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Item ii.
11/15/22 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:

OCTOBER 2022 Year to Date 2022 OCTOBER 2021 Year to date 2021 8 142 7 80
Police Activity:

Arrest

OCTOBER
2021

OCTOBER
2022
Year to date
2021
Year to date 2022
Misdemeanor 112 74 1,290 969
Felony 49 36 545 405
Citations

OCTOBER
2021

OCTOBER
2022
Year to date
2021
Year to date 2022
140 31 912 526
Uniform Crime Reporting:

Crimes of Violence OCTOBER 2022 Year to Date
JANUARY – DECEMBER
Homicide 0 2
Rape 3 9
Robbery 2 19
Aggravated Assault 5 31
SPCA Statics:

Service Calls by Priority:

Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 15 93 6.21
Priority 36 233 6.46
At Officer Convenience 22 201 9.16
After Hours 18 137 7.61
Animal Intake and Outcome Stats:

Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
56 55 26 27 3 0 0
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.
285
Item ii.
11/15/22 Monthly Report Page 3 of 3
Animal Outcomes:

Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 7 5 2 0 0 0
Died 8 7 1 0 0 0
Disposal 9 2 1 0 1 5
Euthanasia 24 9 11 0 1 3
RTO 7 6 1 0 0 0
Transfer 0 0 0 0 0 0
Found Exp 0 0 0 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:

OCTOBER 2022
18 Shoes for Kids:

Shoes Provided Socks Provided
7 7 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATIONS
None
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Item ii.

Oroville City CouncilNovember 15, 2022

Oroville City Council
November 15, 2022