Agenda packet — Paradise City Council, December 12, 2023 (part 1 of 2)

Town of Paradise
Town Council Meeting
Amended Agenda
6:00 PM – December 12, 2023
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA

Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.

II. The Town staff then provides a report to Council and answers questions from the Council.

III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order.

Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.

B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.

In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.

Town Manager, Jim Goodwin
Town Attorney, Scott E. Huber
Town Clerk/Elections Official, Dina Volenski
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer, Aimee Beleu
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Garrett Needles Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Information Systems Director, Luis Marquez
Mayor, Greg Bolin
Vice Mayor, Rose Tryon
Council Member, Steve Crowder
Council Member, Steve “Woody” Culleton
Council Member, Ron Lassonde
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Introduction of new CAL FIRE Division Chief, Garrett Needles. 1f. The year in review by Mayor Greg Bolin.
1g. p6 Town Clerk will chair the selection of Mayor for a one-year term beginning December 12, 2023 through December 10, 2024. The Clerk will turn the meeting over to the newly selected Mayor for selection of ViceMayor for a one-year term. 1h. Camp Fire Recovery Updates- written reports are included in the agenda packet.
p7 Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations.
p10 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
p12 Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
p16 Kate Anderson, Business and Housing Manager - Business and Housing Update

2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p18 Approve the Special and Regular meeting minutes of the November 14, 2023 Town Council meetings.
2b. p24 Approve the November 2023 Cash Disbursements in the amount of $4,049,520.78.
2c. p34 Approve the recommendation to award insulated tumblers for years of service and hold an annual recognition luncheon for the entire staff; or, consider an alternative direction relating to the employee recognition program.
2d. p36 1. Concur with staff’s recommendation to extend the HQE System Contract for construction of the Early Warning Sirens to June 20, 2024; and,

2. Approve the attached amendment and authorize the Town Manager to execute the contract extension. (There is no financial impact for this item.) 2 3
2e. p38 1. Waive the second reading of Town Ordinance No. 630 and read by title only; and, 2. Adopt Town Ordinance No. 630 “An Ordinance Amending Paradise Municipal Code Section 10.20.100 Relating To Parades And Compliance With Parade Permits Terms”.

3. ITEMS REMOVED FROM CONSENT CALENDAR

4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff.

5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice.

Public Hearing Procedure:

A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Project proponents (in favor of proposal)
ii. Project opponents (against proposal)
iii. Rebuttals – if requested
C. Mayor closes the hearing
D. Council discussion and vote
5a. p41 1. Conduct a duly noticed public hearing; and,

2. Concur with the project “CEQA determination” finding embodied within Planning Commission Resolution No. 2023-04; and,

3. Concur with the project recommended General Plan Land Use Map amendment and rezone action adopted by the Planning Commission on November 21, 2023, and embodied within Planning Commission Resolution No. 2023-04; and,

4. Adopt Town of Paradise Resolution No. 2023-_______, “A Resolution of the Town Council of the Town of Paradise Amending the Land Use Map of the 1994 Paradise General Plan (Ridge Lifeline Church: PL23-00175)”; and,

5. Waive the first reading of Town Ordinance No. ____ and read by title only; and,

6. Introduce Town of Paradise Ordinance No. _____ “An Ordinance Rezoning Certain Real Property From “C-C” (Community-Commercial) to a “C-S” (Community-Services) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (Ridge Lifeline Church: PL23-00175)”; or,

7. Adopt an alternative directive to town staff. (ROLL CALL VOTE)

6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar. Citizens are allowed three (3) minutes to comment on agenda items.
3 6a. p62 1. Discuss and consider adopting Resolution 2023-_____ “A Resolution of the Town Council of the Town of Paradise Intending to Adopt an Amended and Restated Solid Waste Franchise Agreement with Increased Service Fees, a Change in the Service Rate Methodology, and Adding New Services to be Compliant with Senate Bill 1383 (Organics Collection)” expressing the intent to adopt the amended and restated franchise agreement and rate schedule and authorizing Town staff and NRWS to prepare and mail a Proposition 218 Notice, to the satisfaction of the Town Attorney, to all property owners and ratepayers relating to the following:

A. Extend the existing Franchise Agreement between the Town of Paradise and NRWS for thirteen years through July 1, 2040, adjusting current rates, and adding additional rates and services to comply with SB 1383 organics collection; or,

2. Provide staff with direction on further desired amendments to the solid waste franchise agreement to bring back at a future council meeting; and/or,

3. Authorize staff to engage the services of a Solid Waste Consultant to review and assist in the preparation of an amended Franchise Agreement to bring back to Council for consideration at a future council meeting. (ROLL

CALL VOTE)
6b. p337 Consider concurring with staff recommendation to reject all bids received for the Animal Shelter Expansion Project and direct staff to revise the project bid documents for reconsideration of advertisement. (ROLL

CALL VOTE)
6c. p339 1. Hear an update on the CDBG DR Workforce Development allocation to Butte County for $18.7 Million; and 2. Consider approving Resolution 2023- ____ A Resolution of the Town Council of the Town of Paradise, “Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the 2022-2023 Funding Year of the State CDBG-DR Recovery Workforce Program.” (ROLL

CALL VOTE)
6d. p344 Consider adopting Resolution No. 2023-_____, “A Resolution of the Town Council of the Town of Paradise Approving the Plans, Specifications and Estimate for the 2024 On-System Road Rehabilitation/HSIP Systemic Intersection Safety Improvement Project and Authorizing Advertisement for Bids on the Project”. (ROLL CALL VOTE)
6e. p351 Adopt Resolution No. 2023-____, “A Resolution of the Town Council of the Town of Paradise Approving the Plans, Specifications and Estimate for the 2024 Off-System Road Rehabilitation Project and Authorizing Advertisement for Bids on the Project”. (ROLL CALL VOTE) 6f. p358 1. Consider concurring with staff recommendation to file a CEQA Notice of Exemption for the Bille Road/Pentz Road Storm Drain Project; and,

2. Adopt Resolution No. 2023-___, “A Resolution of the Town Council of the Town of Paradise authorizing the Town Manager to negotiate with Edward J. Gleason and Fredalee N. Gleason, Trustees of the Edward J. Gleason 4 5 and Fredalee N. Gleason Revocable Trust to acquire a Non-Exclusive Storm Drain Easement and designating authority to the Town Manager to execute the Purchase and Sales Agreement, in substantial form, on a portion of property identified as APN 050-210-089-000 and any related documents necessary to complete the acquisition of the property” and,

3. Authorize the Town Engineer to execute the Certificate of Acceptance for the Non-Exclusive Storm Drain Easement. (ROLL CALL VOTE) 6g. p395 Consider appointing Council representatives and alternates to represent the Town of Paradise on various local and regional boards, committees and commissions.

7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7b. Council reports on committee representation
7c. Future Agenda Items

8. STAFF COMMUNICATION
8a. Town Manager Report
 Community Development Director

9. CLOSED SESSION - None

10. ADJOURNMENT

5 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 1(g)
ORIGINATED BY: Dina Volenski, Town Clerk/Elections Official REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Town Council Selection of Mayor and Vice-Mayor for a one-year term beginning December 12, 2023 through December 10, 2024

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

Town Clerk will chair the selection of Mayor for a one-year term beginning December 12, 2023 through December 10, 2024. The Clerk will turn the meeting over to the newly selected Mayor for selection of Vice-Mayor for a one-year term.

Background:

Every year in December the Town Council elects one Council Member to serve as Mayor and one Council Member to serve as Vice-Mayor for a one-year term. Any Council Member may be nominated for the office of Mayor, including the Council Member who served as Mayor during the previous year. Election requires the affirmative votes of at least three (3) members of the Council (Resolution No. 88-55). The Mayor serves as the presiding officer at Council meetings and is responsible for maintaining order at the meetings; executes certain documents approved by the Town Council, such as contracts, resolutions and ordinances and warrants drawn on the town treasurer; and, represents the Town at various ceremonial events. The Mayor and Vice Mayor also review and approve requests for proclamations.

Analysis: The election process for the Mayor and Vice Mayor is as follows:

1. The Mayor turns the meeting over to the Town Clerk to act as presiding officer for selection of Mayor for a one-year term.

2. The Town Clerk opens the nominations for Mayor. Any Council Member may nominate any other Council Member – no motion necessary.

3. The Town Clerk asks for a Motion, a second and a Council vote to close the nominations for Mayor.

4. The Town Clerk takes a roll call vote on each Council Member nominated in the order of nomination.

5. When one Council Member receives a majority (three) affirmative votes, he/she will be deemed selected as the Mayor for a one-year term and there will be no further vote on any subsequent nominees.

6. The Town Clerk turns the meeting over to the new Mayor as the presiding officer.

7. Procedures for selection of Vice Mayor will be the same and items 2-5 will be repeated by the new Mayor as presiding officer.

Financial Impact:

None.
6 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 1(h)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Monthly Recovery Update

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. None
Background:

This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.

Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.

Analysis:

ECONOMC DEVELOPMENT
Commercial Sign Removal Program
o Application period opened January 16th, 2023.
o About $70,000 is left in the program.
o Less than 15 non-compliant signs remain.
o All properties with non-compliant signs have received a notice of violation and information about the program.

CDBG-DR Economic Development
 The Butte County allocation for CDBG DR Economic Development has been announced at $18.7 million.
 The Program Policies and Procedures Manual was released in spring 2023.  Notice of Funding Availability (NOFA) was released on September 29th, 2023.  The Town is working with our regional workforce partners on an application for a workforce training center, located on the Paradise High School campus, that would focus on resilient building techniques.
 Our partners include Paradise Unified School District, Butte College, Valley Contractor’s Exchange, Oroville Adult School, Alliance for Workforce Development, and 3Core.  A resolution which is required as part of the application will be presented later in tonight’s agenda.
7 Paradise Ridge Brand Campaign
 Rebranding effort led by the Paradise Ridge Chamber of Commerce  Goal is to create a cohesive brand strategy to market the ridge to businesses and residents.
 The next step is a website for new residents which is currently being developed by the consultant who drafted the study and strategy.
 The website is fully funded through existing grant funds received by the Chamber of Commerce.

RECOVERY
Category 4 Tree Removal Program
 Program opened to applicants in July of 2022 and received 577 applicants. This represents 1,014 acres of private property across the Town.  The assessment Phase has been completed. Nearly 11,000 standing dead trees have been identified, tagged and catalogued for review by FEMA/CalOES  Phase 2 continues to be in Federal Environmental Review. We were recently notified that FEMA expect to complete this review in early 2024.
 Town Council has approved a management contract with Butte County Fire Safe Council to manage removal. Contract will be executed upon Phase 2 FEMA Approval.  Tree cutting process would commence after full phase 2 approval of submitted tree inventory.
 After extensive work with Cal Fire, the Town was recently notified that we have been awarded the CAL FIRE CALIFORNIA CLIMATE INVESTMENTS(CCI) WILDFIRE PREVENTION (WP) GRANT that will cover the entirety of the 25% property owner match requirement. This will mean no cost to property owners for tree removal and a much simpler process of tree removal overall.
 FEMA recently authorized work to begin in some planning activities in order to save time when the project is awarded.

Early Warning Sirens
 The Early Warning Sirens were fully approved in April 2022 and a contract was awarded in July 2022.
 20 of the 21 Towers are fully operational.
 The final phase of construction is ongoing as tree aesthetics are installed, control units are installed, and training begins, and permanent PG&E power hookups are completed.

Residential Ignition Resistant Retrofit Program
 This project was opened to residents to apply in May 2023 and closed July 31, 2023.  118 property owners have submitted applications.
 Assessments will be completed by Oct. 6th and all Phase 1 closeout documents will be transferred to CalOES/FEMA by Oct. 13th.
 Phase 2 retrofits will occur upon full approval of the environmental process in early 2024. 8 Hazardous Fuels Reduction Program
 Undergoing Federal Environmental Review. We were recently notified that FEMA expects to complete this review in early 2024.
 All other Town required action items are complete.

Defensible Space Code Enforcement
 The Defensible Space Code Enforcement Project was fully approved in November 2023 by FEMA and Cal OES.
 Town Staff are coordinating the process to implement this project in order to have the program operating for the Spring 2024 inspection season.

COMMUNICATIONS
Legislative Tour
 A legislative tour is being planned for January for state legislators to see firsthand what progress has been made and the continued need in recovery.  The Town is working with Butte County and Assemblyman Gallagher’s Office to put the tour together.

EMERGENCY MANAGEMENT
 The Town is working on an agreement with Butte County for a virtual EOC platform to streamline EOC processes.
 The Town is working with Butte County to update the Local Hazard Mitigation Plan (LHMP) in advance of the 2024 deadline.

Financial Impact:

None.
9 1

TOWN OF PARADISE
Council Agenda Summary
Date: December 12, 2023
Agenda No. 1(h)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Jim Goodwin, Town Manager

SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:

1. None, written monthly update only.

Background:

This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.

Analysis:

Road Rehabilitation
In August, Town Council awarded a contract to Hat Creek Construction for road rehabilitation work in areas such as lower Honey Run Road, Circlewood Drive, Glen Drive, Stearns Road, DeMille Road, Malibu Drive, Nunneley Road, Kibler Road and others. The project’s first phase is complete, paving the Circlewood neighborhood, Honey Run Road and downtown streets.

Remaining work will be completed in spring of 2024. A map of the project areas is provided below:

Paving projects for 2024 are included in this month’s Council agenda for Plans, Specifications and Estimates approval with authorization to advertise for bids. If approved, construction of 20 additional miles of paving would start in the spring and reach completion before winter Complete
Complete
10 2
Paradise Sewer Project
Accomplishments in Past Month
Responded to PDB RFQ questions, closing the question period on November 27 and posting the final amended RFQ and Draft PDB Contract on November 30. PDB Team SOQs are now due on December 15. The Selection Committee intends to recommend a PDB team to proceed with no later than December 22.

Met with Los Osos and High Desert team member who have completed a similar Septicto-Sewer project and gained lessons learned. Both Los Osos and High Desert team members agreed to provide additional insights and lessons learned as the Town progresses through the Sewer Project.

Progressed preparations for permit submittals via initial and follow-up consultation meetings.

Submitted all outstanding requests for information to the DFA team.

Key Activities in the Next Month
Review PDB Team SOQs and confirm a recommended PDB team to proceed into contract negotiations.

Align with the DFA team in monthly recurring coordination meeting, including confirmation that all outstanding requests for information have been fulfilled.

Schedule initial informal consultations with remaining permitting entities. 11

Page 1 of 2 ends

Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 1(h)
ORIGINATED BY: Tony Lindsey, Community Development
Director, Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement

LONG-TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Code Enforcement Update
Background:

The Code Enforcement Division is committed to fostering a safe and appealing living and working environment. Our mission is to uphold and enhance our community's overall quality through the fair and impartial implementation of an enforcement program to rectify violations of municipal codes and land use regulations. In collaboration with residents, neighborhood associations, public service agencies, and other Town departments, we strive to:
 Promote voluntary compliance with Town codes.
 Identify and address violations promptly and fairly.
 Foster collaboration efforts to address community concerns.  Actively engage with the community in navigating the code enforcement process.

Analysis:

Temporary Use Permits (TUPs) issued under the Urgency Ordinance (Exhibit A).

November October
Parcels with RV Storage only 64 62
Parcels permitted to occupy an RV 143 146
Accessory structures 13 13
RV Code Enforcement activity. (Exhibit B):

November October
Occupied sites without TUPs 27 29
Occupied sites with TUP Violations 6 4
Compliance gained/RV cases closed 4 8
The Community Enhancement Outreach Team, comprised of Disaster Case Managers, Fire 12

Page 2 of 2 ends

Prevention, Housing, Police Department, and Code Enforcement personnel, visited both permitted and unpermitted RV sites. Throughout these visits, the team engaged with community members to address unmet needs and provided information about available assistance programs.

November October
Sites Visited 23 60
Community members contacted 15 21
Tenants 5 10
Owner-occupied 15 11
Supplied contact information 12 15
Do not qualify 2 7
Fire Prevention is crucial to our community's safety and supports our continued economic growth, focusing on three primary goals: Education, Engineering, and Enforcement. Our defensible space and hazardous fuel management ordinance requires property owners to uphold fire-safe conditions, regardless of residency. The dedicated Fire Prevention team conducts weed abatement inspections on 11,100 parcels throughout our community to ensure compliance and reduce fire hazards.

Escrow defensible space inspections November October
 Clearance requests received 80 72
 Certificates issued 58 57
 Land Surveyor's Certifications 21 9
 First inspection compliance rate 63% 78%
Weed abatement inspections
 Compliant parcels 8,496 – 76% 8,427 – 76%
 Active Code cases 257 285
 Commercial parcels 19 22
 Residential parcels 238 263
Other Code Enforcement Items:

Abandoned Vehicle Authority November October
 Abatements 1 7
Commercial Sign November October
 Violations 14 15
Complaints received complaints covering a variety of issues, including waste and refuse problems, zoning violations related to signs, construction without the required permits, fire hazards, concerns related to vehicles, unathorized dwellings, absence of garbage service, grading issues, and the existence of unpermitted laydown yards. 13 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2022 14
TUPs under ORD 612

RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP
12/21/2022 7/27/2022
15 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 1(h)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Housing Recovery Update

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED: None
Background:

This report provide the Town Council with an update of Housing activities. A summary of the programs, with overall interest and change from the last month, follows.

Analysis:

We have 33.11% of our pre-disaster housing stock to-date (1,377 surviving units + 2,601 new CofOs to-date [an increase of 24 from last month] = 3,978 habitable dwellings / 12,015 housing units before the Camp Fire). An additional 817 permits have been issued (up 3 from last month) but have not received their CofO yet.

Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($16 million) -- This program helps homeowners rehabilitate or reconstruct their home. We have completed 49 homes, there are 11 under construction, and 15 applications in process.

Town of Paradise First-Time Homebuyer Program ($7 million) -- Helping to make home ownership more affordable. We have assisted 26 households to date and have 7 applications in process.

CDBG-DR Multifamily Rental Housing Program ($55 million) -- Goal is to create affordable rental housing.

Eight (8) projects were submitted but only seven (7) projects will be funded for a total of 290 units. One project (4 units) is currently leasing up and two projects (55 units) are under construction, anticipated to be completed by next fall. Two more projects (91 units) have received tax credits and are completing preconstruction paperwork, and 2 projects (140 units) will apply for tax credits in February.

Permanent Local Housing Allocation (PLHA) ($399,166) – Allocates matching funds to North Valley Housing Trust to administer short-term, pre-development loans for affordable multifamily projects. First predevelopment loan of $400,000 has been made.

CDBG (2023 Annual Allocation=$100,691; unspent funds=$130,473.63) -- Continuing to fund public services and lot acquisition for affordable homeownership. CV funds ($208,244 not included above) will assist households living in RVs with emergency rental assistance; that program is now available.

HOME Infill New Construction ($700,000) -- Create affordable housing for first-time homebuyers. Grant has been awarded but still waiting for Standard Agreement from HCD.

CLOSING OUT -- Town of Paradise Septic Grant Program ($570,000) -- Grant assisted Camp Fire survivors to repair or replace septic systems damaged or destroyed during the Camp Fire or subsequent 16 clean-up efforts. We assisted 30 households with the repair or replacement of their system. We are now referring people to Rebuild Paradise Foundation for their septic grant.

CLOSING OUT -- SB2 Planning Grant Program ($160,000) – This grant funded our Rebuild Advocate program and Rebuild Paradise Foundation’s Residential Floorplan Library. In total, the Rebuild Advocates assisted over 847 households and the Town mastered 24 plans for RPF’s library which todate has resulted in 223 building permits. These are legacy programs that will continue well into the coming years and are model programs for other jurisdictions.

Financial Impact:

None.
17 MINUTES

PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:00 PM – November 14, 2023

1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 5:00 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.

COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor.

COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Clerk/Elections Official Dina Volenski, Town Attorney Scott E. Huber and Community Development Director Tony Lindsey.

At 5:02 p.m. Mayor Bolin announced that the Town Council would adjourn to Closed Session for the following items:

2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Town Council will meet with the Town Manager and Town Attorney to consider initiation of litigation - one (1) potential case.
2b. Pursuant to Government Code Section 54957, the Town Council will hold a closed session discussion relating to a performance evaluation of the Town Manager.

After reconvening from Closed Session at 6:00 p.m. Mayor Bolin announced that no reportable action was taken, direction was given.

3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 6:00 p.m.

Date approved:

By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
18 TOWN COUNCIL
Meeting Minutes
6:00 PM – November 14, 2023

1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Bolin at 6:03 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Culleton.

COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Dina Volenski, Community Development Director Susan Hartman, Community Development Director Tony Lindsey, Public Works Director/Town Engineer Marc Mattox, Finance Director/Town Treasurer Aimee Beleu, Recovery and Economic Development Director Colette Curtis, Business and Housing Manager Kate Anderson, Project Manager Brian Solecki, Police Lieutenant Cameron Kovacs and Information Systems Director Luis Marquez.
1a. Mayor Bolin presented a proclamation recognizing November as Homeless and Runaway Youth Awareness Month. Nancy Jorth accepted the proclamation on behalf of Youth for Change. (180-40-027) 1b. Camp Fire Recovery Update - Written reports are included in the agenda packet. (110-60-061)
Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and Development,
Communications and Emergency Operations
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
Kate Anderson, Business and Housing Manager - Business and Housing Update
19 2. CONSENT CALENDAR
MOTION by Tryon, seconded by Lassonde, approved consent calendar items 2a through 2g. Roll call vote was unanimous.
2a. Approved Special and Regular minutes of the October 10, 2023 Town Council meeting.
2b. Approved the October 2023 Cash Disbursements in the amount of $3,373,922.96. (310-10-034)
2c. Reviewed and filed the 1st Quarter Investment Report for the fiscal year ending June 30, 2024. (360-30-006)
2d. Approved Resolution No. 2023-51, “A Resolution of the Town Council of the Town of Paradise Adopting Administrative Policy 225, a Personally Identifiable Information Policy (PII).” (110-10-020)
2e. 1. Declared the described equipment from the Public Works Department as surplus property; and 2. Adopted Resolution No. 2023-52, “A Resolution of the Town Council of the Town of Paradise, Declaring Certain Town Equipment to be Surplus and Obsolete and Authorizing Disposal by the Town Manager or His Designee.” (380-10-003)
2f. 1. Approved Program Supplement Agreement No. 00000A280 to the Master Agreement Administering Agency-State Agreement for State Funded Projects, Agreement No. 03-5425S21 for Go Paradise: Skyway Link. (950-40-070)

2. Adopt Resolution 2023-53 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Program Supplement Agreement No. 00000A280 Between the California Department of Transportation and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise:

Skyway Link.” (950-40-070)

3. Approved Program Supplement Agreement No. F022 Rev. 2 to the Master Agreement Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15 for Go Paradise: Pentz Student Pathway. (950-40-043, 510-20-378)

4. Adopted Resolution 2023-54 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Program Supplement Agreement No. F022 Rev. 2 Between the California Department of Transportation and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise:

Pentz Student Pathway.” (950-40-043, 510-20-378)

5. Approved Master Agreement No. 03-5425S21 Administering AgencyState Agreement for State-Funded Projects. (510-20-406) 20 6. Adopted Resolution 2023-55 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Sign the Master Agreement No. 03-542S21 Between the California Department of Transportation and the Town of Paradise for State-Funded Projects.” (510-20-406)
2g. Adopted Resolution No. 2023-56, “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or Their Designee to Execute Grant of Easement to Pacific Gas & Electric Company for the Purposes of the Town’s Installation of Electric Vehicle Charging Stations at 220 Pearson Road.” (850-20-011)

3. ITEMS REMOVED FROM CONSENT CALENDAR - None

4. PUBLIC COMMUNICATION

1. Amy Sperske informed Council that the Butte County Library in Paradise is set to close in 2024 when funding runs out, and asked if Council might be able to help save the library.

2. Ward Habriel praised Town staff and the Police Department and spoke in opposition of the free landscape design plans offered by the Town.

3. Carrie Max asked how many people who have rebuilt in Town were pre-fire residents of Paradise.

5. PUBLIC HEARINGS - None

6. COUNCIL CONSIDERATION
6a. Town Attorney Scott E. Huber presented proposed Ordinance No. 630 regarding an amendment to parade permit terms.

MOTION by Culleton, seconded by Crowder, 1. Waived the first reading of Town Ordinance No. 630 and read by title only; and, 2. Introduced Town Ordinance No. 630. “An Ordinance Amending Paradise Municipal Code Section 10.20.100 Relating To Parades And Compliance With Parade Permits Terms.” Roll call vote was unanimous. (540-16-199) 6b. Public Works Director/Town Engineer Marc Mattox presented the proposed agreement with Coastland|DCCM regarding contracted on-call professional civil engineering services.

MOTION by Lassonde, seconded by Culleton, 1. Concurred with staff’s recommendation of Coastland|DCCM to perform professional civil engineering services on a variety of federally, state, and locally funded efforts contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals; and, 2. Approved the Professional Services Agreement RFQ 2023-004 with Coastland|DCCM; and, 3. Adopted Resolution 2023-57 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager 21 To Execute The Agreement for Professional Services and Individual Task Orders Under the Professional Services Agreement for RFQ 2023-004 OnCall Professional Civil Engineering Services – Skyway Corridor up to the Maximum Contract Aggregate Amount of Five Million Dollars to Expedite and Facilitate Camp Fire Recovery Efforts”. Roll call vote was unanimous. (510-20-407)
6c. Public Works Director/Town Engineer Marc Mattox provided Town Council with an update on the Town's storm drainage systems. (910-10-010)

1. Carrie Max commented on storm preparation and PG&E box placements.
6d. Community Development Director Susan Hartman presented the proposed changes to the Local Agency Management Program (LAMP).

MOTION by Lassonde, seconded by Culleton adopted Town of Paradise Resolution No. 2023-58, “A Resolution of the Town Council of the Town of Paradise Amending the Local Agency Management Program (LAMP) Relating to Onsite Sewage Disposal Regulations.” Roll call vote was unanimous. (960-30-018)

7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items – None
7b. Council reports on committee representation
Council Member Lassonde attended a press conference on the Capital steps; participated in the Pancake Breakfast on November 4th; attended the Time Capsule event on November 8th, as well as the event hosted by Hands of Hope; attended the Butte County Supervisory Board Meeting and the Community Remembrance Dinner at CMA Church on November 9th.

Council Member Crowder provided an update on the tax relief bill for fire victims; attended a meeting with Enloe Hospital and Assemblyman Gallagher to explore ideas on how to bring healthcare back to the Ridge; as well as several ribbon cuttings.

Council Member Culleton attended several of the 5-Year anniversary events and the Solid Waste Committee meeting.

Vice Mayor Tryon attended the Butte Quality Air Management board meeting; the BCAG board meeting; the Paint Your Paradise event; the Time Capsule event on November 8th; a Legislative Committee meeting and Solid Waste Committee meeting.

Mayor Bolin thanked Recovery and Economic Development Director Colette Curtis for her work on the 5-Year events; Town Council for their participation in the events; and those who helped organize the press conference on the Capital steps.
22 7c. Future Agenda Items - None

8. STAFF COMMUNICATION
8a. Town Manager Report - None
Community Development Director Susan Hartman reported that CDD reissued the building plans for Donuts in Paradise; completed the first plan check for Mercy Housing Phase I; issued a construction permit for Rental Guys; that CDD expects an application for another 21-unit senior, affordable housing project to come in within the next few weeks; that staff is working on a use permit for an indoor recreation facility; and issued a use permit to decommission Cape Code Mobile Home Park. Ms. Hartman shared that the General Plan Safety Element will go to the Board of Forestry for review in December and CDD applied for a grant to assist with the sewer system overlay. She shared that Planning Commission will hold a public hearing on a rezone project for the Lifeline Church and in December Commission will consider a use permit for another 72-unit multi-family on Clark Road.

9. CLOSED SESSION - None

10. ADJOURNMENT
Mayor Bolin adjourned the meeting at 7:33 p.m.

Date approved:

By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
23 TOWN OF PARADISE

CASH DISBURSEMENTS REPORT

FOR THE PERIOD OF
November 1, 2023 - November 30, 2023
24 CASH DISBURSEMENTS REPORT
November 1, 2023 - November 30, 2023
Check Date Pay Period End Description Amount Total
11/10/2023 11/5/2023 Net Payroll - Direct Deposits and Checks $ 218,459.15 11/24/2023 11/19/2023 Net Payroll - Direct Deposits and Checks $ 230,627.45 $ 449,086.60
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 417,604.35 Operations Vendors: Supplies, Contracts, Utilities, Etc. 3,182,829.83 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 3,600,434.18
GRAND TOTAL CASH DISBURSEMENTS $ 4,049,520.78
APPROVED BY:

Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:

Jim Goodwin - Town Manager
25 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
84653 11/02/2023 Open Accounts Payable Adobe, Inc. $227.90 84654 11/02/2023 Open Accounts Payable ADVANCED DOCUMENT

CONCEPTS
$310.00
84655 11/02/2023 Open Accounts Payable Asbury Environmental Services $100.00 84656 11/02/2023 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.47 84657 11/02/2023 Open Accounts Payable AT&T MOBILITY $89.46 84658 11/02/2023 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $196.20 84659 11/02/2023 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$26.83
84660 11/02/2023 Open Accounts Payable AT&T/CALNET3 - Summary $26.94 84661 11/02/2023 Open Accounts Payable AT&T/CALNET3 - Summary $2,148.16 84662 11/02/2023 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,053.16
84663 11/02/2023 Open Accounts Payable Axon Enterprise Inc $1,717.19 84664 11/02/2023 Open Accounts Payable BATTERIES PLUS $25.82 84665 11/02/2023 Open Accounts Payable Bidwell Truck & Auto $2,186.98 84666 11/02/2023 Open Accounts Payable Big O Tires $881.71 84667 11/02/2023 Voided Duplicate Payment 11/20/2023 Accounts Payable Biometrics4ALL, Inc $22.50 84668 11/02/2023 Open Accounts Payable Blue Flamingo Marketing Advocates $2,401.20 84669 11/02/2023 Open Accounts Payable Bluebeam, Inc $240.00 84670 11/02/2023 Open Accounts Payable Bureau Veritas North America, Inc $9,075.00 84671 11/02/2023 Open Accounts Payable Business Fulfillment Services, Inc. $1,560.00 84672 11/02/2023 Open Accounts Payable COMCAST CABLE $421.40 84673 11/02/2023 Open Accounts Payable COUNTY OF BUTTE $1,500.00 84674 11/02/2023 Open Accounts Payable Creative Composition Inc $410.93 84675 11/02/2023 Open Accounts Payable CSG Consultants, Inc. $31,541.25 84676 11/02/2023 Open Accounts Payable DADCO $69,582.23 84677 11/02/2023 Open Accounts Payable DEPARTMENT OF FORESTRY &

FIRE PROTECTION
$2,497.88
84678 11/02/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $10,581.30 84679 11/02/2023 Open Accounts Payable Dokken Engineering, Inc. $2,784.02 84680 11/02/2023 Open Accounts Payable Dokken Engineering, Inc. $10,917.58 84681 11/02/2023 Voided Incorrect Vendor 11/13/2023 Accounts Payable Elks National Foundation, Inc $455.11 84682 11/02/2023 Open Accounts Payable FEDERAL EXPRESS $23.97 84683 11/02/2023 Open Accounts Payable GREAT AMERICA LEASING CORP. $156.25 84684 11/02/2023 Open Accounts Payable Guardian Public Safety Background Investigations
$700.00
84685 11/02/2023 Open Accounts Payable Hawkins Delafield & Wood LLP $40,406.50 84686 11/02/2023 Open Accounts Payable HDR Engineering, Inc $12,840.12 84687 11/02/2023 Open Accounts Payable Hope Crisis Response Network, Inc $26,020.00 84688 11/02/2023 Open Accounts Payable Hope Crisis Response Network, Inc $17,000.00 84689 11/02/2023 Open Accounts Payable Hope Crisis Response Network, Inc $22,485.00 84690 11/02/2023 Open Accounts Payable HQE Systems, Inc. $191,062.69 84691 11/02/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$23,034.12
84692 11/02/2023 Open Accounts Payable JORDAN, CSO, SHAWN $15.00 84693 11/02/2023 Open Accounts Payable JOURNYX, INC. $1,000.00 84694 11/02/2023 Open Accounts Payable KP Research Services, Inc. $1,500.00 user: Aimee Beleu Pages: 1 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 26 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84695 11/02/2023 Open Accounts Payable LES SCHWAB TIRE CENTER - CDD/PW
$29.00
84696 11/02/2023 Open Accounts Payable LIFE ASSIST INC $344.80 84697 11/02/2023 Open Accounts Payable Livermore Service and Sales Inc. $34,587.72 84698 11/02/2023 Open Accounts Payable Look Ahead Veterinary Services $376.54 84699 11/02/2023 Open Accounts Payable Mark Thomas & Company Inc $24,196.96 84700 11/02/2023 Open Accounts Payable Mendes Supply Company $82.82 84701 11/02/2023 Open Accounts Payable Metropolitan Transportation Commission
$5,090.00
84702 11/02/2023 Open Accounts Payable Meyers Police K-9 Training, LLC $1,400.00 84703 11/02/2023 Open Accounts Payable Mickelson’s Firearms, Chris, Mickleson
$1,834.84
84704 11/02/2023 Open Accounts Payable Mt Shasta Spring Water Co., Inc $476.47 84705 11/02/2023 Open Accounts Payable North State Tire Co. Inc. $460.20 84706 11/02/2023 Open Accounts Payable NORTHGATE PETROLEUM CO $12,082.45 84707 11/02/2023 Open Accounts Payable NORTHSTAR $682.00 84708 11/02/2023 Open Accounts Payable NORTHSTAR $638.00 84709 11/02/2023 Open Accounts Payable NV5, Inc. $2,476.44 84710 11/02/2023 Open Accounts Payable NV5, Inc. $1,828.12 84711 11/02/2023 Open Accounts Payable O'REILLY AUTO PARTS $177.58 84712 11/02/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $766.58 84713 11/02/2023 Open Accounts Payable OROVILLE FORD $1,636.85 84714 11/02/2023 Open Accounts Payable Oroville Tow & Salvage $1,190.00 84715 11/02/2023 Open Accounts Payable Pace Analytical Services, LLC $1,677.54 84716 11/02/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $14,841.12 84717 11/02/2023 Open Accounts Payable PARADISE POST $54.49 84718 11/02/2023 Voided Incorrect Vendor 11/29/2023 Accounts Payable Popos Transport $18.00 84719 11/02/2023 Open Accounts Payable RENTAL GUYS - CHICO $230.92 84720 11/02/2023 Open Accounts Payable Richardson & Company, LLP $1,260.00 84721 11/02/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $404.13 84722 11/02/2023 Open Accounts Payable Rolls Anderson & Rolls Civil Engineers
$7,740.00
84723 11/02/2023 Open Accounts Payable South Bay Regional Public Safety Training Consort
$177.00
84724 11/02/2023 Open Accounts Payable Spherion Staffing $11,238.75 84725 11/02/2023 Open Accounts Payable T and S DVBE Inc. $102.36 84726 11/02/2023 Open Accounts Payable T MOBILE USA, INC. $1,671.55 84727 11/02/2023 Open Accounts Payable Tahoe Pure Water Co. $74.00 84728 11/02/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.

DEPT.
$848.14
84729 11/02/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$17.77
84730 11/02/2023 Open Accounts Payable THRIFTY ROOTER $220.00 84731 11/02/2023 Open Accounts Payable Tri Flame Propane $53.40 84732 11/02/2023 Open Accounts Payable TRUEPOINT SOLUTIONS, LLC $2,100.00 84733 11/02/2023 Open Accounts Payable Urban Planning Partners Inc $315.00 84734 11/02/2023 Voided Incorrect Amount 11/06/2023 Accounts Payable Valley Iron Inc $2,203.26 84735 11/02/2023 Open Accounts Payable Wayne A. Murphy General Contractor $8,340.00 84736 11/02/2023 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $475.93 84737 11/02/2023 Open Accounts Payable Aflac $57.98
84738 11/02/2023 Open Accounts Payable Met Life $11,684.73 user: Aimee Beleu Pages: 2 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 27 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84739 11/02/2023 Open Accounts Payable OPERATING ENGINEERS $1,008.00 84740 11/02/2023 Open Accounts Payable PARADISE POLICE OFFICERS

ASSOCIATION
$1,966.86
84741 11/02/2023 Open Accounts Payable SBA Monarch Towers III LLC $173.16 84742 11/02/2023 Open Accounts Payable SUN LIFE INSURANCE $7,402.59 84743 11/02/2023 Open Accounts Payable SUPERIOR VISION SVC INC $874.02 84744 11/02/2023 Open Accounts Payable TOP CONFIDENTIAL MID MGMT

ASSOCIATION
$70.00
84745 11/08/2023 Open Accounts Payable ICMA 457 - MissionSquare $1,310.28 84746 11/08/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $848.29 84747 11/16/2023 Open Accounts Payable ACCESS INFORMATION

PROTECTED
$261.78
84748 11/16/2023 Open Accounts Payable AIRGAS SAFETY, INC. $113.80 84749 11/16/2023 Open Accounts Payable ALLIANT INSURANCE $773.00 84750 11/16/2023 Open Accounts Payable American Dream Construction $203.52 84751 11/16/2023 Open Accounts Payable AT&T MOBILITY $85.60 84752 11/16/2023 Open Accounts Payable AT&T MOBILITY $202.59 84753 11/16/2023 Open Accounts Payable Big O Tires $75.00 84754 11/16/2023 Open Accounts Payable Biometrics4ALL, Inc $1,367.76 84755 11/16/2023 Open Accounts Payable Blue Flamingo Marketing Advocates $7,882.55 84756 11/16/2023 Open Accounts Payable Boy Scouts of America, troop 316 $455.11 84757 11/16/2023 Open Accounts Payable Broad & Gusman $4,000.00 84758 11/16/2023 Open Accounts Payable Bug Smart $83.00 84759 11/16/2023 Open Accounts Payable BUTTE CO RECORDER $1,138.50 84760 11/16/2023 Open Accounts Payable BUTTE REGIONAL TRANSIT $180.70 84761 11/16/2023 Open Accounts Payable Calif Dept of Tax and Fee Administration
$261.78
84762 11/16/2023 Open Accounts Payable CALIFORNIA STATE DEPARTMENT

OF JUSTICE
$1,270.00
84763 11/16/2023 Open Accounts Payable Chico State Enterprises $7,500.00 84764 11/16/2023 Open Accounts Payable CivicPlus, LLC $3,800.00 84765 11/16/2023 Open Accounts Payable COMCAST CABLE $148.40 84766 11/16/2023 Open Accounts Payable COMCAST CABLE $406.40 84767 11/16/2023 Open Accounts Payable COMCAST CABLE $421.40 84768 11/16/2023 Open Accounts Payable Cordico Psychological Corporation $500.00 84769 11/16/2023 Open Accounts Payable Creative Composition Inc $374.46 84770 11/16/2023 Open Accounts Payable DEPARTMENT OF FORESTRY &

FIRE PROTECTION
$3,179.12
84771 11/16/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $11,425.50 84772 11/16/2023 Open Accounts Payable DOGGIE WALK BAGS, INC. $519.33 84773 11/16/2023 Open Accounts Payable DURHAM PENTZ TRUCK CENTER $45.00 84774 11/16/2023 Open Accounts Payable Employment Development Dept $3,600.00 84775 11/16/2023 Open Accounts Payable Entersect $109.95 84776 11/16/2023 Open Accounts Payable Ernst & Young US LLP $16,867.50 84777 11/16/2023 Open Accounts Payable Flud, Michael $352.00 84778 11/16/2023 Open Accounts Payable FOOTHILL MILL & LUMBER $180.76 84779 11/16/2023 Open Accounts Payable General Pacific Inc $1,788.65 84780 11/16/2023 Open Accounts Payable GOVERNOR'S OFFICE OF

EMERGENCY SERVICES
$1,528.00
84781 11/16/2023 Open Accounts Payable GREAT AMERICA LEASING CORP. $329.74 84782 11/16/2023 Open Accounts Payable GREEN RIDGE LANDSCAPING $5,792.22 user: Aimee Beleu Pages: 3 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 28 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84783 11/16/2023 Open Accounts Payable Gregory Cundiff $700.00 84784 11/16/2023 Open Accounts Payable Hat Creek Construction & Materials, Inc.
$1,606,707.91
84785 11/16/2023 Open Accounts Payable Hope Crisis Response Network, Inc $27,735.00 84786 11/16/2023 Open Accounts Payable Hope Crisis Response Network, Inc $11,728.00 84787 11/16/2023 Open Accounts Payable Hope Crisis Response Network, Inc $13,783.00 84788 11/16/2023 Open Accounts Payable Hope Crisis Response Network, Inc $10,000.00 84789 11/16/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$6,907.96
84790 11/16/2023 Open Accounts Payable INTERSTATE OIL COMPANY $86.70 84791 11/16/2023 Open Accounts Payable INTERSTATE SALES $2,340.33 84792 11/16/2023 Open Accounts Payable J.J.R. Enterprises Inc $1,129.03 84793 11/16/2023 Open Accounts Payable JOHNNY ON THE SPOT

PORTABLES
$186.65
84794 11/16/2023 Open Accounts Payable KOEFRAN INDUSTRIES $1,200.00 84795 11/16/2023 Open Accounts Payable L.N. CURTIS & SONS $997.00 84796 11/16/2023 Open Accounts Payable LEHR AUTO ELECTRIC STOMMEL, INC.
$290.49
84797 11/16/2023 Open Accounts Payable LES SCHWAB TIRE CENTER -

MOTORPOOL
$29.00
84798 11/16/2023 Open Accounts Payable Linford, Wade $255.80 84799 11/16/2023 Open Accounts Payable MEEHOS RESTAURANT $2,000.00 84800 11/16/2023 Open Accounts Payable Mendes Supply Company $835.44 84801 11/16/2023 Open Accounts Payable Meyers Police K-9 Training, LLC $910.00 84802 11/16/2023 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 84803 11/16/2023 Open Accounts Payable MUNIMETRIX SYSTEMS CORP $39.99 84804 11/16/2023 Open Accounts Payable NICOLETTI, CHRISTOPHER $352.00 84805 11/16/2023 Open Accounts Payable NORMAC INC $508.64 84806 11/16/2023 Open Accounts Payable North State Audio Visual, Inc $700.00 84807 11/16/2023 Open Accounts Payable North Valley Housing Trust $200,000.00 84808 11/16/2023 Open Accounts Payable NORTHSTATE AGGREGATE, INC. $964.37 84809 11/16/2023 Open Accounts Payable O'REILLY AUTO PARTS $563.92 84810 11/16/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $706.48 84811 11/16/2023 Open Accounts Payable OROVILLE FORD $20.26 84812 11/16/2023 Open Accounts Payable Pace Analytical Services, LLC $1,498.60 84813 11/16/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $14,129.06 84814 11/16/2023 Open Accounts Payable Paradise Audio Services $600.00 84815 11/16/2023 Open Accounts Payable PARADISE PERFORMING ARTS CENTER
$4,359.00
84816 11/16/2023 Open Accounts Payable PARADISE POST $47.01 84817 11/16/2023 Open Accounts Payable PBM SUPPLY & MFG INC $91.34 84818 11/16/2023 Open Accounts Payable PERKINS MOBILE AUTO GLASS $1,039.00 84819 11/16/2023 Open Accounts Payable Psomas $45,145.48 84820 11/16/2023 Open Accounts Payable Psomas $46,916.57 84821 11/16/2023 Open Accounts Payable RE CONSTRUCTION $14,850.00 84822 11/16/2023 Open Accounts Payable RENTAL GUYS - CHICO $283.74 84823 11/16/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $307.29 84824 11/16/2023 Open Accounts Payable Robbies Paradise Burgers Inc $3,133.00 84825 11/16/2023 Open Accounts Payable SHI International Corp $5,503.66 84826 11/16/2023 Open Accounts Payable Sigler Pest Control $100.00 user: Aimee Beleu Pages: 4 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 29 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84827 11/16/2023 Open Accounts Payable SILVERADO AVIONICS, INC $1,446.62 84828 11/16/2023 Open Accounts Payable Spherion Staffing $5,805.00 84829 11/16/2023 Open Accounts Payable Stratti $10,278.05 84830 11/16/2023 Open Accounts Payable Stratton Appraisals $400.00 84831 11/16/2023 Open Accounts Payable T & L Construction $3,500.00 84832 11/16/2023 Open Accounts Payable The Ferguson Group $5,000.00 84833 11/16/2023 Open Accounts Payable THOMAS ACE HARDWARE $69.83 84834 11/16/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.

DEPT.
$946.97
84835 11/16/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$76.69
84836 11/16/2023 Open Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
$5.79
84837 11/16/2023 Open Accounts Payable THOMAS HYDRAULIC & HARDWARE SUPPLY, INC.
$218.99
84838 11/16/2023 Open Accounts Payable Top Notch Commercial Cleaning Inc. $4,800.00 84839 11/16/2023 Open Accounts Payable TUCKER PEST CONTROL INC $90.00 84840 11/16/2023 Open Accounts Payable Valley Iron Inc $1,101.63 84841 11/16/2023 Open Accounts Payable VERIZON WIRELESS $342.09 84842 11/16/2023 Open Accounts Payable VERIZON WIRELESS $1,206.30 84843 11/16/2023 Open Accounts Payable WILSON PRINTING $86.60 84844 11/16/2023 Open Accounts Payable Wood, Montana, S $45.00 84845 11/27/2023 Open Accounts Payable ICMA 457 - MissionSquare $1,310.28 84846 11/27/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $848.29 84847 11/30/2023 Open Accounts Payable 4LEAF, Inc $7,304.00 84848 11/30/2023 Open Accounts Payable Adams Ashby Group, Inc. $46,745.00 84849 11/30/2023 Open Accounts Payable ADK Permit Service, Inc. $18.00 84850 11/30/2023 Open Accounts Payable ADO Professional Solutions, Inc. $1,802.97 84851 11/30/2023 Open Accounts Payable ALLSTAR FIRE EQUIPMENT $1,967.13 84852 11/30/2023 Open Accounts Payable Amazon Capital Services $21.32 84853 11/30/2023 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $760.72 84854 11/30/2023 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.47 84855 11/30/2023 Open Accounts Payable AT&T MOBILITY $89.46 84856 11/30/2023 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $196.20 84857 11/30/2023 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$28.86
84858 11/30/2023 Open Accounts Payable AT&T/CALNET3 - Summary $2,327.67 84859 11/30/2023 Open Accounts Payable AT&T/CALNET3 - Summary $29.01 84860 11/30/2023 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,053.16
84861 11/30/2023 Open Accounts Payable Baker Tilly US, LLP $900.00 84862 11/30/2023 Open Accounts Payable Bear Electrical Systems, Inc $1,520.00 84863 11/30/2023 Open Accounts Payable Blue Flamingo Marketing Advocates $5,000.00 84864 11/30/2023 Open Accounts Payable Brixie Hansen Judge $125.00 84865 11/30/2023 Open Accounts Payable Brixie Hansen Judge $125.00 84866 11/30/2023 Open Accounts Payable Broad & Gusman $4,000.00 84867 11/30/2023 Open Accounts Payable Business Fulfillment Services, Inc. $95.00 84868 11/30/2023 Open Accounts Payable Calif Dept of Tax and Fee Administration
$228.89
84869 11/30/2023 Open Accounts Payable Chico Granite and Marble $550.00 84870 11/30/2023 Open Accounts Payable Chico Meals on Wheels $1,982.16 user: Aimee Beleu Pages: 5 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 30 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84871 11/30/2023 Open Accounts Payable Chico Party Rentals $1,449.92 84872 11/30/2023 Open Accounts Payable COMCAST CABLE $401.40 84873 11/30/2023 Open Accounts Payable Cooper, Andrew $18.00 84874 11/30/2023 Open Accounts Payable CSG Consultants, Inc. $8,320.00 84875 11/30/2023 Open Accounts Payable DADCO $7,731.36
84876 11/30/2023 Open Accounts Payable David Nichol Kerhoulas, Jr. $92.00 84877 11/30/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $1,175.70 84878 11/30/2023 Open Accounts Payable Eagle Security Systems $668.04 84879 11/30/2023 Open Accounts Payable ENLOE MEDICAL CENTER, INC. $1,238.00 84880 11/30/2023 Open Accounts Payable Explore Butte County $22,998.25 84881 11/30/2023 Open Accounts Payable Golden State Emergency Vehicle Service, Inc.
$1,247.47
84882 11/30/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$688.50
84883 11/30/2023 Open Accounts Payable INTERSTATE OIL COMPANY $259.15 84884 11/30/2023 Open Accounts Payable Jason Higbee $2,289.34 84885 11/30/2023 Open Accounts Payable JOHNNY ON THE SPOT

PORTABLES
$379.95
84886 11/30/2023 Open Accounts Payable KEN'S PARADISE HITCH &

WELDING
$277.92
84887 11/30/2023 Open Accounts Payable KNIFE RIVER CONSTRUCTION $553.42 84888 11/30/2023 Open Accounts Payable KNIFE RIVER CONSTRUCTION $515.18 84889 11/30/2023 Open Accounts Payable Kovacs, Cameron $18.00 84890 11/30/2023 Open Accounts Payable L.N. CURTIS & SONS $679.37 84891 11/30/2023 Open Accounts Payable Lofi Cafe $355.00 84892 11/30/2023 Open Accounts Payable Look Ahead Veterinary Services $868.36 84893 11/30/2023 Open Accounts Payable Mark Thau Photography $205.00 84894 11/30/2023 Open Accounts Payable Mendes Supply Company $181.62 84895 11/30/2023 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 84896 11/30/2023 Open Accounts Payable MIKE GOGGIA TREE SERVICE $1,250.00 84897 11/30/2023 Open Accounts Payable Miwall Corporation $9,142.48 84898 11/30/2023 Open Accounts Payable Mt Shasta Spring Water Co., Inc $171.01 84899 11/30/2023 Open Accounts Payable NHA Advisors, LLC $6,606.25 84900 11/30/2023 Open Accounts Payable NHA Advisors, LLC $812.50 84901 11/30/2023 Open Accounts Payable NORTHGATE PETROLEUM CO $8,267.46 84902 11/30/2023 Open Accounts Payable NORTHSTAR $784.00 84903 11/30/2023 Open Accounts Payable NORTHSTAR $196.00 84904 11/30/2023 Open Accounts Payable NORTHSTAR $98.00 84905 11/30/2023 Open Accounts Payable NORTHSTAR $240.00 84906 11/30/2023 Open Accounts Payable NORTHSTAR $98.00 84907 11/30/2023 Open Accounts Payable NV5, Inc. $17,675.58 84908 11/30/2023 Open Accounts Payable O'REILLY AUTO PARTS $25.03 84909 11/30/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $381.10 84910 11/30/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $371.13 84911 11/30/2023 Open Accounts Payable PARADISE IRRIGATION DIST $873.82 84912 11/30/2023 Open Accounts Payable PARADISE RECREATION & PARK

DISTRICT
$3,000.00
84913 11/30/2023 Open Accounts Payable PARADISE RIDGE CHAMBER OF

COMMERCE
$170.00
84914 11/30/2023 Open Accounts Payable Patricia Hoppers $99.61 user: Aimee Beleu Pages: 6 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 31 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84915 11/30/2023 Open Accounts Payable Peters, Habib, McKenna, JuhlRhodes & Cardoza, LLP$1,150.50 84916 11/30/2023 Open Accounts Payable RENTAL GUYS - CHICO $108.25 84917 11/30/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $372.87 84918 11/30/2023 Open Accounts Payable Spherion Staffing $1,107.00 84919 11/30/2023 Open Accounts Payable Szeremi Sweeping Service, LLC $6,634.40 84920 11/30/2023 Open Accounts Payable T and S DVBE Inc. $628.27 84921 11/30/2023 Open Accounts Payable T MOBILE USA, INC. $1,671.55 84922 11/30/2023 Open Accounts Payable Tahoe Pure Water Co. $74.00 84923 11/30/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.

DEPT.
$213.75
84924 11/30/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$134.53
84925 11/30/2023 Open Accounts Payable THOMAS ACE HARDWARE -

MOTORPOOL
$41.87
84926 11/30/2023 Open Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
$88.18
84927 11/30/2023 Open Accounts Payable Top Notch Commercial Cleaning Inc. $1,800.00 84928 11/30/2023 Open Accounts Payable Tri Flame Propane $86.78 84929 11/30/2023 Open Accounts Payable TRUEPOINT SOLUTIONS, LLC $3,000.00 84930 11/30/2023 Open Accounts Payable ULINE $497.88
84931 11/30/2023 Open Accounts Payable Urban Planning Partners Inc $2,452.50 84932 11/30/2023 Open Accounts Payable US Ecology US Holding Company, LLC
$8,160.29
84933 11/30/2023 Open Accounts Payable VALLEY OAK VETERINARY CENTER
$125.96
84934 11/30/2023 Open Accounts Payable Vannucci, Dominic $18.00 84935 11/30/2023 Open Accounts Payable VERIZON WIRELESS $249.46 84936 11/30/2023 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $475.93 84937 11/30/2023 Open Accounts Payable Wood Rodgers, Inc. $1,247.76 Type Check Totals: 285 Transactions $3,213,811.15
EFT
1498 11/02/2023 Open Accounts Payable CALPERS $144,519.07 1499 11/08/2023 Open Accounts Payable CALPERS - RETIREMENT $59,309.53 1500 11/08/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$10,296.63
1501 11/08/2023 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $10,151.32 1502 11/08/2023 Open Accounts Payable INTERNAL REVENUE SERVICE $36,456.96 1503 11/27/2023 Open Accounts Payable CALPERS - RETIREMENT $60,392.44 1504 11/27/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$11,656.67
1505 11/27/2023 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $12,633.35 1506 11/27/2023 Open Accounts Payable INTERNAL REVENUE SERVICE $41,207.06 Type EFT Totals: 9 Transactions $386,623.03
AP - US Bank TOP AP Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 281 $3,211,112.28 $0.00
Reconciled 0 $0.00 $0.00
Voided 4 $2,698.87 $0.00
Stopped 0 $0.00 $0.00
user: Aimee Beleu Pages: 7 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 32 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 285 $3,213,811.15 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 9 $386,623.03 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 9 $386,623.03 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 290 $3,597,735.31 $0.00
Reconciled 0 $0.00 $0.00
Voided 4 $2,698.87 $0.00
Stopped 0 $0.00 $0.00
Total 294 $3,600,434.18 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 281 $3,211,112.28 $0.00
Reconciled 0 $0.00 $0.00
Voided 4 $2,698.87 $0.00
Stopped 0 $0.00 $0.00
Total 285 $3,213,811.15 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 9 $386,623.03 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 9 $386,623.03 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 290 $3,597,735.31 $0.00
Reconciled 0 $0.00 $0.00
Voided 4 $2,698.87 $0.00
Stopped 0 $0.00 $0.00
Total 294 $3,600,434.18 $0.00
user: Aimee Beleu Pages: 8 of 8 Friday, December 1, 2023 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2023 - To Payment Date: 11/30/2023 33 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 2(c)
ORIGINATED BY: Dina Volenski, Town Clerk/Elections Official REVIEWED BY: Aimee Beleu, Finance Director
Scott E. Huber, Town Attorney
Jim Goodwin, Town Manager
SUBJECT: Town Council Employee Recognition Program

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

Approve the recommendation to award insulated tumblers for years of service and hold an annual recognition luncheon for the entire staff; or, consider an alternative direction relating to the employee recognition program.

Background:

The Town Council established an employee recognition program by minute order on February 5, 1985. In the early days of the program, the Mayor scheduled a luncheon for the employees as part of the recognition. Many employees were unable to attend a luncheon due to shift work, and on October 19, 1993, the Council concurred to allocate $30 for each eligible employee, which was increased to $40 per employee on February 27, 2001, so that employees could enjoy a meal in the Town of Paradise at their convenience, which would be reimbursed upon presentation of a receipt. Funds for the program are authorized during the annual public budget planning process.

Due to fiscal constraints, the dinner allocation was eliminated from the 2011/2012 budget. As such, the employee recognition program currently consists of an award of lapel pins and certificates for the 5-, 10- and 15-year employees; plaques for the 20-year employees; and desk clocks for the 25- and 30-year employees. The funds for the program are generally allocated during the annual budget process.

Additionally, the Mayor of the Town of Paradise sends a personal letter to each employee to thank them for their service to the Town and invites them to attend a public meeting to be recognized by the Town Council and to receive their award. If an employee is unable to attend, the award is accepted by the department head on behalf of the employee. The award ceremony is usually scheduled for the February or March meeting. The Town Clerk drafts the letters for the Mayor signature, prepares the certificates and orders awards.

Analysis:

This item is being brought to the Town Council because the Employee Recognition Program has not been reviewed since January 2013 and no updates have been made to the policy since 2001.

The lapel pins awarded in the past have the prior logo on them and are not something that is as functional as in years past and are no longer a desirable or collectible item. Last year, insulated 34 mugs were awarded to the employees with colors designating the years of service. Three 15 years of service black tumblers and six 5 years of service green tumblers were awarded to the employees. Staff would also like to suggest that there be an annual recognition luncheon for the entire Town staff to acknowledge their dedication and commitment to the organization.

The Town Clerk is bringing this item forward as an opportunity for the Council to take action relating to the employee recognition program. There are three 15-year employees, two 10-year employees, and five 5-year employees who have completed their years of service by the end of calendar year 2023.

Staff would like to request that Council formally adopt this procedure for future awardees.

Financial Impact:

If Council approves the new process, the total cost for the Fiscal Year 2023/24 Years of Service awards would be approximately $285.00 and the annual recognition luncheon would be an additional $1,000 to the budget for a total cost of $1,285.00. There is currently money in the Town Clerk Budget for Employee Recognition, however, staff recommends the funding should be reallocated to the Town Council budget since it is the elected officials who are recognizing the Town employees.
35 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 2(d)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: HQE Systems Contract Extension

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Concur with staff’s recommendation to extend the HQE System Contract for construction of the Early Warning Sirens to June 20, 2024.

2. Approve the attached amendment and authorize the Town Manager to execute the contract extension.

Background:

The Town of Paradise has been working in partnership with HQE Systems since August 2022 on the construction of the Town Early Warning Siren System. The project broke ground in March 2023 and has been testing active towers since June 2023. There have been minor delays to the overall construction schedule due to the 2023 extended winter, council directed changes to the aesthetic design of the towers and difficulties faced in ground conditions at tower locations. As of September 2023, 20 of the 21 towers are fully functional and being tested monthly. We continue to work with HQE and PG&E in the final step of connecting the towers to permanent power in order to fully complete the project and turn it over to the town.

Analysis:

HQE have been effective partners in the construction of the Early Warning Sirens, and we look forward to the full turnover of the project in the coming months. The original services contract from July 5, 2022 had a pre-mature closure of contract date of June 30, 2023. That contract was extended in July 2023 to December 31, 2023. We are now asking to extend the contract to June 30, 2023 to allow for completion of the project, continued testing for best practices and training and orientation for the operational handoff of the sirens to the Town Emergency Services Team.

Financial Impact:

There is no additional financial impact to the approved project budget. Overall, the project remains under budget.
36 SECOND AMENDMENT TO THE AGREEMENT

BETWEEN THE TOWN OF PARADISE AND HQE SYSTEMS
This Amendment to Agreement is made on December 12, 2023, to the Agreement dated July 5, 2022 by and between the Town of Paradise, a California Municipal Corporation (“Town”) and HQE SYSTEMS (“Contractor”)
RECITALS:

A. The initial period of the agreement was from July 5, 2022 and ending on June 30, 2023 for the construction of the Town of Paradise Early Warning System.

B. In July 2023, Town and Contractor agreed to amend the agreement so that the period of service will be from July 5, 2022 and ending on December 31, 2023.

C. In December 2023, Town and Contractor have agreed to amend the agreement so that the period of service will be from July 5, 2022 and ending on June 30, 2024.

AGREEMENT NOW, THEREFORE, Town and Contractor agree as follows:

1. The Agreement shall be amended as follows:

2. Town and Contractor have agreed to amend the Agreement so that the period of service will be from July 5, 2022 and ending on June 30, 2024.

3. All other provisions of the agreement shall remain in full force and effect.

4. If there is a conflict between this second Amendment and the agreement, this second Amendment shall be controlling.

TOWN OF PARADISE HQE SYSTEMS
By:____________________________
Jim Goodwin, Town Manager
By:

Date: Date:

REVIEWED FOR CONTRACT POLICY COMPLIANCE REVIEWED AS TO FORM:

By: _____________________________ By:

Scott E. Huber, Town Attorney
ATTEST:

By: _____________________________
Dina Volenski, CMC, Town Clerk
37 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 2(e)
ORIGINATED BY: Eric Reinbold, Police Chief
REVIEWED BY: Jim Goodwin, Town Manager
Scott E. Huber, Town Attorney
SUBJECT: Adoption of Town Ordinance No. 630

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Waive the second reading of the Town Ordinance No. 630 and read by title only; and,

2. Adopt Town Ordinance No. 630 “An Ordinance Amending Paradise Municipal Code Section 10.20.100 Relating To Parades And Compliance With Parade Permits Terms”.

Background:

On November 14, 2023, the Town Council introduced Ordinance No. 630 for purposes of eventual adoption. If adopted, the intent of the proposed ordinance is to ensure the implementation of standards for float entry, including the provision of a fire extinguisher, ensuring that the float vehicles and tow-vehicles are rated for the weight of the decorations and riders, as well as prohibiting individuals getting on and off floats as they are in motion. The proposed ordinance also requires that the parade permit applicant ensure compliance with the Town’s ordinance by all parade participants.

Analysis:

Town staff recommends that the Town Council waive the second reading of this entire ordinance; read it by title only; and formally adopt Town Ordinance No. 630 [copy attached]. Once adopted, the provisions of this ordinance will be effective thirty (30) days thereafter.

Financial Impact:

A nominal cost for publication of the ordinance within the local newspaper and for codification will be borne by the Town of Paradise.

Attachments:

1. Ordinance No. 630 “An Ordinance Amending Paradise Municipal Code Section 10.20.100 Relating To Parades And Compliance With Parade Permits Terms.” 38 TOWN OF PARADISE
ORDINANCE NO. 630
AN ORDINANCE AMENDING PARADISE MUNICIPAL CODE SECTION 10.20.100

RELATING TO PARADES AND COMPLIANCE WITH PARADE PERMITS TERMS SECTION 1. Section 10.20.100 of the Paradise Municipal Code is amended to read as follows:

10.20.100 Compliance with possession of permit, and parade entrant requirements A. Any permittee under this chapter shall comply, and ensure compliance by all parade participants, with all permit directions and conditions and with all applicable laws and ordinances.

B. The permittee or other person heading or leading such activity shall carry the town issued parade permit upon his/her person during the conduct of the parade.

C. The Permittee shall ensure that all parade entrants, participants and floats, comply with the following terms:
a. All floats must use nonflammable materials, to the maximum extent practicable;
b. Floats cannot exceed 50 feet in length (including tow vehicle), 13 feet in height and 10 feet in width.
c. All vehicles must be properly registered, insured and drivers must have proper license. Tow vehicles must be rated to tow the weight of the trailer or float. d. Floats must be a minimum of 12 inches ground clearance from the frame.

Nothing can drag on the roadway from the float. Proper clearance of materials from around the wheels of the vehicles must be incorporated to avoid any materials being caught in them.
e. A minimum of one U.L. approved, current dated, multipurpose, dry chemical 2A10BC fire extinguisher must be carried on all floats. The extinguisher must have certification as current or if a new fire extinguisher, must have sales receipt of purchase.
f. No smoking on or within 30 feet of any floats at any time. g. Float beds must be sturdy and rated to carry the weight to be imposed. h. Tow vehicles must be properly registered
i. The float vehicle must be properly serviced for gasoline, water, oil, brakes, tires and battery prior to entry into the parade. NO extra gasoline, other than in the vehicle's tank, can be carried on the float vehicle.
j. Float Riders:
i. All passengers standing or sitting on the float MUST be wearing a safety belt or have handholds or other support while the float is moving. ii. Absolutely no riders will be allowed to ride on the edge of the float. Any float with riders or articles hanging over the edge of the float any time before or during the parade will be subject to removal from the line of march.
iii. Absolutely no riders may get on or off of float while it is in motion. k. All entries are required to maintain a continuous forward motion during the parade. No stopping to perform anywhere along the parade route. l. Handouts, packaged candy, and favors may be distributed directly by volunteers that are walking with the float. Volunteers must walk up to the sidewalk to distribute materials; no patrons may enter the street along the parade route.
39 m. Nothing can be thrown out or sprayed along the parade route, curbside or behind the crowd.
n. The use of cell phones is prohibited while driving a vehicle on the parade route.

D. A Permittee’s failure to comply, or to ensure compliance by all parade participants, with all permit directions and conditions, and with all applicable laws and ordinances may cause the parade to be cancelled or may result in a denial of future parade permit requests.

SECTION 2. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this 12th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Mayor
ATTEST:

__________________________________
DINA VOLENSKI, CMC, Town Clerk
APPROVED AS TO FORM:
___________________________________
Scott E. Huber, Town Attorney
40 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 5(a)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
Scott Huber, Town Attorney
SUBJECT: Public Hearing: Planning Commission
Recommendation for Town Council Adoption of a
Paradise General Plan Land Use Map Amendment and
Property Rezone for an Application Identified as Ridge
Lifeline Church: PL23-00175

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:

1. Conduct duly noticed public hearing; and,

2. Concur with the project “CEQA determination” finding embodied within Planning Commission Resolution No. 2023-04; and,

5. Waive the first reading of Town Ordinance No. ____ and read by title only; and,

17.45.500 Et. Seq. (Ridge Lifeline Church: PL23-00175)”; or,

7. Adopt an alternative directive to town staff. (ROLL CALL VOTE) Background:

Project applicant Ridge Lifeline Church is seeking Town of Paradise approval of a Paradise General Plan land use designation amendment from Town-Commercial (T-C) to CommunityService (C-S) and a zone change from Community-Commercial (C-C) to Community-Services (CS) affecting a +3.12-acre property. 5445 Clark Road was purchased and converted to a religious assembly land use by the Ridge Lifeline Church after the 2018 Camp Fire. Previously, Ridge Lifeline Church (formally known as 41 the Assembly of God Church) was located at the NW corner of Elliott Rd and Maxwell Drive next to Paradise High School on property zoned Community Services (CS), as are most churches. At that former site they had an electronic message sign along their Elliott Road frontage as is allowed in that zoning district. The Clark Rd property they purchased after the fire had originally been built and occupied by Tall Pines Entertainment Center as a bowling alley and accordingly was zoned Community Commercial (CC). Unfortunately, they were unable to salvage or reuse their previous electronic message sign because those types of signs are not permitted in the CC zone except for the display of time and/or temperature.

In July 2020, Ridge Lifeline Church was issued a Conditional Use Permit to convert a portion of the bowling alley to a church. The change of zoning would not require a new entitlement and will not impact the existing Use Permit. The previously issued project conditions will still apply. Any new building construction in the future would potentially require modification of the use permit, through a public hearing process, and environmental review of the project.

While no new construction is proposed as part of this general plan amendment / rezoning request, the general plan amendment and rezone will allow the Church to utilize the existing sign on the east side of the property to display changing messages. It is currently restricted to only displaying the time and temperature, a restriction that would be removed if the church is reinstated with their previously assigned Community Services zoning.

Analysis:

The surrounding land use is characterized by a mix of commercial and residential developments.

The parcel immediately north of the project site is vacant while the next parcel north contains the Best Western Hotel. The parcel immediately east of the project site is vacant. The parcel to the south of the project site contains a bed and breakfast. Clark Road, a public street, is located immediately west of the project site.

Property zoning in the surrounding area includes a mix of commercial and multi-family residential.

Commercial properties surround the parcel to the north, east, and south. Further from the parcel there are properties with community services, industrial, and multi-family zonings.

The proposed project application has been evaluated in accordance with the requirements of the California Environmental Quality Act (CEQA) and was determined to belong to a class of projects that are categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA section 15061 (General Rule Exemption).This exemption applies to the project application because there is no physical development proposed and, therefore, no possibility of any significant adverse environmental impacts upon the existing environmental setting.

The attached Planning Commission resolution document recommends Town Council adoption and assignment of a specific Paradise General Plan land use designation and rezone of certain real property. Attached with this agenda summary for consideration, possible adoption, and introduction respectively by the Town Council, are copies of a proposed Town of Paradise resolution document and a zoning ordinance document, both of which reflect the Planning Commission’s recommended actions.

Lastly, for your convenience, town planning staff has also generated and attached other information materials related to this agenda item.
42 Financial Impact:

The Town incurs no direct costs for the General Plan amendment and first reading and introduction of the zoning ordinance for the rezone. The digital land use and zoning maps are maintained and updated by the Chico State GIC under an existing contract. 43 ATTACHEMENTS
FOR
RIDGE LIFELINE CHURCH: PL23-00175 GENERAL PLAN AMENDMENT/REZONE

1. Project vicinity map.

2. Notice sent to surrounding property owners and the Paradise Post for the public hearing regarding the Ridge Lifeline Church project application.

3. Mailing list of property owners and agencies notified of the public hearing.

4. Notice of Exemption prepared for the Ridge Lifeline Church project.

5. General Plan Amendment/rezone application submitted by Ridge Lifeline Church.

6. Planning Commission Resolution No. 2023-04 adopted November 21, 2023.

7. Town of Paradise Resolution No. 2023-____, “A Resolution of the Town Council of the Town of Paradise Amending the Land Use Map of the 1994 Paradise General Plan (PL23-00175)”.

8. Town of Paradise Ordinance No. ____, “An Ordinance Rezoning Certain Real Property From “C-C” (Community-Commercial) to a “C-S” (Community-Services) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (Ridge Lifeline Church: PL23-00175)” 44 
N
APPLICANT: Ridge Lifeline Church 5445 Clark Road
OWNER: Ridge Lifeline Church
PROJECT DESCRIPTION:

Consideration of a rezone affecting a +/-3.12 property from Community Commercial (CC) to Community Services (CS) for the church land use to better align with the zoning designation and to permit the use of an electronic changeable sign. The rezone would also necessitate a general plan amendment changing the general plan designation from Town Commercial (TC) to Community Services (CS).

ZONING: Community Commercial
(CC)
GENERAL PLAN: Town
Commercial
FILE NO. PL23-00175
ASSESSOR PARCEL NOs. 054-090-068 MEETING DATE: 12/12/23 45 TOWN OF PARADISE

NOTICE OF PUBLIC HEARING

PARADISE TOWN COUNCIL
NOTICE IS HEREBY GIVEN by the Paradise Town Council that a public hearing will be held on Tuesday, December 12, 2023 at 6:00 p.m., or as soon thereafter as possible, in the Town Hall Council Chambers, 5555 Skyway, Paradise, California, regarding the following matters:
a. Item determined to be exempt from environmental review:

RIDGE LIFELINE CHURCH GENERAL PLAN AMENDMENT/REZONE APPLICATION (PL23-00175):

Town Council consideration of a Planning Commission resolution recommending Town Council approval of an amendment to the Town of Paradise General Plan land use designation affecting a +/-3.12 acre property from Town Commercial (TC) to Community Services (CS) and change the zoning for the same property from Community Commercial (CC) to Community Services (CS) to reassign the zoning previously assigned to the church at their prior location at the corner of Elliott Road and Maxwell Drive and allow the re-establishment of an electronic changeable message sign. No new development is proposed, only a zoning change. The project site is located at 5445 Clark Road, Paradise and further identified as Assessor Parcel No. 054-090-068.

The project file is available for public inspection at the Building Resiliency Center, 6295 Skyway.

If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town Clerk at, or prior to, the public hearing. For further information please contact the Community Development Director, Building Resiliency Center, 6295 Skyway, Paradise, CA (530) 872-6291, extension 424.

Dina Volenski
Town Clerk
46 47

NOTICE OF EXEMPTION
TO: File – [PL23-00175]; AP No. 054-090-068-000
FROM: Town of Paradise, Community Development Department, Planning Division, 5555 Skyway, Paradise CA 95969
PROJECT TITLE: Ridge Lifeline Church GPA/Rezone Application PROJECT APPLICANT: Ridge Lifeline Church
PROJECT LOCATION: 5445 Clark Road, Paradise CA 95969
PROJECT DESCRIPTION: Proposed General Plan amendment and Rezone of a +/-

3.23-acre parcel that contains a church. The proposed
rezoning would change the property from its current
Community Commercial (CC) zone to the Community
Services (CS) zone. The general plan designation would
change from Town Commercial (TC) to Community
Services (CS). No construction is proposed as part of this application.

APPROVING PUBLIC
AGENCY: Town of Paradise

PERSON OR AGENCY
CARRYING OUT PROJECT: Applicant & Owner: NAME.

EXEMPT STATUS: ☒General Rule Exemption (Section 15061)
☐Ministerial (Section 15268)
☐Emergency Project (Section 15269)
☐Categorical Exemption
Section 15304; Class 4
REASON FOR EXEMPTION: The proposed amendments do not constitute a project under CEQA, no physical activity is planned and there is no
possibility of significant environmental effect.

CONTACT PERSON: Susan Hartman, Planning Director
(530) 872-6291
SIGNATURE: __ ________________________
Planning Director
Date: November 15, 2023
48 49
REngineering, ANCHOInc. ER SIONA NE G G SI TERE I P EN D R ROFES JAR OD HOLL I DA STATE OF CAL I FORNI A CIVI LP. 066034
EXP. 06/30/24L Y
811
50 51
52 53
54 55

TOWN OF PARADISE
RESOLUTION NO. 2023-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING THE LAND USE MAP OF THE 1994 PARADISE GENERAL PLAN (Ridge Lifeline Church: PL23-000175)
WHEREAS, the Paradise Planning Commission and the Paradise Town Council have conducted public hearings, pursuant to California planning and zoning law concerning a proposed amendment to the land use map of the 1994 Paradise General Plan; and
WHEREAS, such public hearings also included review of potential environmental impacts associated with the amendment to the Paradise General Plan, pursuant to requirements of the California Environmental Quality Act; and WHEREAS, Section 65358 of the California Government Code allows a legislative body to amend its General Plan, and
WHEREAS, the action of the Town Council follows the requirements of Government Code Sections 65353, 65354, 65854 and 65090; and WHEREAS, the Town Council has considered the analysis and recommendation of the Community Development Department; has received and considered the recommendations of the Planning Commission via adopted Planning Commission Resolution No. 2023-04; and has considered the comments made at public hearings conducted by the Planning Commission and the Town Council; and on the basis thereof has determined pursuant to Section 65358 of the Government Code that a certain amendment of the 1994 Paradise General Plan Land Use Map is in the public interest; and
WHEREAS, the Paradise Planning Commission and the Town Council have determined that the proposed General Plan (land use map) amendment and rezone project is appropriate and reasonable because it would result in the assignment of general plan land use and zoning designations to the affected property that are appropriate and reasonable in a manner that a) promotes the objectives of the Ridge Lifeline Church to utilize an existing changeable message sign, b) is compatible with existing land uses and zoning in the lower Clark Road neighborhood and therefore is consistent with applicable 1994 Paradise General Plan policies, and, c) will result in the assignment of zoning that conforms to the resultant Ridge Lifeline Church owned property.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section l. The Town Council hereby finds that there is no land division or commercial density increase development proposed in association with the requested actions, and further finds that the requested actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (General Rule Exemption) based on the materials submitted in association with the requested actions, the associated staff report and all public comments relating to the project.
56 Section 2. The Town Council hereby adopts this amendment to the 1994 Paradise General Plan known as PL23-00175, assigning a Community-Service (C-S) General Plan land use map designation for a +/-3.12-acre land area located at 5445 Clark Road in Paradise and further identified as AP No. 054-090-068, as described in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part hereof by reference.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:

By: ________________________
Mayor

ATTEST:

By:_____________________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:

By:_____________________________________
Scott E. Huber, Town Attorney
57 58
59 60

TOWN OF PARADISE
ORDINANCE NO. ____
AN ORDINANCE REZONING CERTAIN REAL PROPERTY FROM “C-C”
(COMMUNITY-COMMERCIAL) TO A “C-S” (COMMUNITY-SERVICES) ZONE PURSUANT TO PARADISE MUNICIPAL CODE SECTIONS 17.45.500 ET. SEQ. (Ridge Lifeline Church: PL23-00175)
The Town Council of the Town of Paradise, State of California, does hereby ORDAIN AS FOLLOWS:

SECTION 1. The hereinafter described real property situated in the Town of Paradise, State of California, shall be and is hereby zoned “C-S” (Community Services) as described in Chapter 17.26 of the Paradise Municipal Code and such land area shall be subject to the restrictions, restricted uses, and regulations of such chapter. The real property so zoned is located at 5445 Clark Rd in the Town of Paradise and is more particularly identified as AP No. 054-090-068.

SECTION 2. This ordinance shall take effect thirty (30) days beyond the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be published in a newspaper of general circulation and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

ORDINANCE NO. ____
PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this ____ day of ________________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
____________________________
Mayor
ATTEST:

By:_________________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:

By:_________________________________
Scott E. Huber, Town Attorney
61 Town of Paradise
Council Agenda Summary
Date: December 12, 2023
Agenda Item: 6(a)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
Scott Huber, Town Attorney
SUBJECT: Extend the existing Franchise Agreement between the Town of Paradise and Northern Recycling & Waste
Services (NRWS) for thirteen years through April 30,
2040, adding additional rates and services to comply
with SB 1383 organics collection

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution 2023-_____ “A Resolution of the Town Council of the Town of Paradise Intending to Adopt an Amended and Restated Solid Waste Franchise Agreement with Increased Service Fees, a Change in the Service Rate Methodology, and Adding New Services to be Compliant with Senate Bill 1383 (Organics Collection)” expressing the intent to adopt the amended and restated franchise agreement and rate schedule and authorizing Town staff and NRWS to prepare and mail a Proposition 218 Notice, to the satisfaction of the Town Attorney, to all property owners and ratepayers relating to the following:
a. Extend the existing Franchise Agreement between the Town of Paradise and NRWS for thirteen years through July 1, 2040, adjusting current rates, and adding additional rates and services to comply with SB 1383 organics collection; or,

2. Provide staff with direction on further desired amendments to the solid waste franchise agreement to bring back at a future council meeting; and/or,

In 2007, the Town of Paradise approved a comprehensive Franchise Agreement with Northern Recycling and Waste Services (NRWS). The agreement requires NRWS to provide solid waste, recycling and vegetative waste collection services for all properties in the Town of Paradise. Other 62 services offered through the franchise agreement include the Household Hazardous Waste Facility (HHW), Reuse Center, and Vegetative Waste Yard. In April 2017, a 10-year extension of the franchise agreement was negotiated with NRWS, with the addition of street sweeping, which extended the term of the franchise agreement to April 30, 2027. The current agreement has an automatic three-year extension, based on conditions of operation, that would bring the fully extended term to April 30, 2030.

Pre-fire, NRWS serviced 9,238 single family homes, 1,569 multi-family units, and 620 commercial accounts within the Town of Paradise with total annual revenues of approximately $4.5M.

As of November 1, 2023, after five (5) years of rebuilding, NRWS serves 3,392 single family homes, 363 multi-family units, and 436 commercial accounts within the Town with projected annual revenues of $2.2M which equates to only about 1/3 of the pre-fire customers.

NRWS experienced lower revenue and margins from collection services, sale of recyclable materials and processing services. Camp Fire property damage and extra expenses totaled $29.4M and insurance recovery was $1.1M. PG&E settlement funds were used to help offset the revenue deficits through 2022.

Insurance proceeds covered most of the property damage to NRWS on-site facilities, however there was no coverage for off-site containers and limited coverage for lost income. In 2019, NRWS and the Town Manager agreed to close the recycling center, green waste transfer, HHW facility, and end all street sweeping to help off-set the losses.

NRWS’ income and (losses) from operations in Paradise, by year, since the Camp Fire per audited financial statements are as follows:
2017: $725,087
2018: $235,415
2019: ($381,429)
2020: ($419,312)
2021: ($477,299)
2022: ($584,884)
2023: Projections indicate to exceed ($400,000)
Assessing the losses since the fire, NRWS entered into multiple potential sale agreements that failed to come to completion. NRWS has continued to serve the subscribed services since the fire. NRWS proceeded to meet with the Town of Paradise Solid Waste Committee to develop a plan to stabilize the programs and revenue requirements. Street sweeping was removed from the agreement and post-fire collected billings submitted to the Town to help fund a town owned street sweeper. The recycle center and green waste facilities reopened for limited hours in early 2023.

NRWS developed a rate model that included projection of growth, allowable costs, and revenue requirements. The model recognized the insurance and PG&E settlement proceeds to benefit the rates. To meet future revenue requirements, NRWS proposed to spread pricing adjustments over a contract extension to 2040 and amend the rate methodology to fixed price increases to further be adjusted through an operating ratio methodology (located in the attached proposed Exhibit E Rate Adjustment Methodology).

The Solid Waste Committee and NRWS have worked diligently to make the necessary amendments to the franchise agreement to bring the Town into compliance with CalRecycle regarding the new state mandated organics collection as well as addressing revised collection rates necessary for the sustainability of the existing programs and the addition of organic material collection.
63 Analysis:

There are two main areas of amendments to the franchise agreement to analyze and discuss:

1. Rate adjustments which are reflected in a change of rate methodology (how the annual customer rates are calculated) and the addition of rates specific to the implementation of organics collection (SB 1383 requirements).

2. Text amendments to the agreement and exhibits to bring it into compliance with current CalRecycle requirements, updates to processing facilities used by the NRWS, removal of outdated language such as street sweeping which has since been removed from the contract, updated text on reopening the permanent HHW facility, and overall text changes such as replacing “yard waste” with “organics” and replacing “Town Administrator” with “Town Manager”.

Discussion Item #1 – Proposed rate adjustments
NRWS worked with the Town’s Solid Waste Committee to present and discuss revised service rates and rate methodology for the existing base services which include solid waste, recycling, and yard waste in addition to presenting an additional rate structure for the collection of organics (SB 1383) for when those services commence in 2024.

Existing Rate Structure
Since the solid waste franchise agreement was originally executed with NRWS in 2007, the annual rate adjustments have been based on the Consumer Price Index (CPI). The CPI is an index of monthly price changes experienced by U.S. consumers for goods and services.

Currently, the annual adjustments to the rates are based on 100% of the percentage change in the CPI for July of the current year as compared to July of the prior year (the “Rate Adjustment Factor”). The CPI used is “All Items for All Urban Consumers West Urban Area; 1982-84 = 100”.

Using the CPI adjustments, rates have been annually adjusted for the last 5 years as follows:
2024 – 3.05%
2023 – 7.13%
2022 – 4.47%
2021 – 1.45%
2020 – 2.83%
While these annual CPI adjustments were adequate to sustain business operations pre-fire, the post fire customer loss caused immediate and devastating consequences to the financial stability of solid waste operations within town. Much like the Town’s operations such as police, fire, and public works, the physical service area and number of street miles remains the same, but the customer base is at a third of what it was to support those operations. As mentioned earlier, NRWS’ continuous servicing of the Town’s customers at the rate structure previously adopted for a pre-fire town of 26,000 residents has realized significant post-fire financial losses:
2019: ($381,429)
2020: ($419,312)
2021: ($477,299)
2022: ($584,884)
2023: Projections indicate to exceed ($400,000)
Considering this, NRWS has proposed a revised rate methodology (how annual rate adjustments are calculated) going from the CPI to a fixed annual rate increase or an adjustment based on an operating ratio – whichever increase is lower for the customer. 64 Proposed Annual Rate Structure for Base Services (Solid Waste, Recycling, & Yard Waste) The concept behind the proposed Operating Ratio rate methodology is, in the simplest of terms, to build in a profit margin. All the expenses, operating and pass-thru costs, would be added up together on top of which you would also add the profit margin (based on the operating expenses, not the pass-thru costs). That figure is referred to as the “revenue requirement” to which the net revenues are compared. If there’s a shortfall, rates are adjusted upwards to cover the shortfall. If there’s a surplus, rates are adjusted downwards to match the revenue requirement. NRWS’ proposed Operating Ratio is .905 (90.5%) which broadly means that $0.905 is spent on operating expenses for each dollar of revenue generated.

With the amount of fixed operational and pass-thru costs, and factoring in a 5% annual customer growth, NRWS has estimated that the annual increases associated with using the Operating Ratio, to cover costs and maintain the requested profit margin, could range anywhere from 28.6% in 2024 up to 84.8% in 2030 before starting to decline to a break-even point in 2039. NRWS did not find these increases acceptable and therefore concurrently proposed a maximum annual rate increase, regardless of if the profit margin was being met or expenses were covered, spread out through the year 2040. Each spring, the previous calendar year’s audited financial statements would be analyzed to determine what the required revenue overage or shortfall was. For a shortfall, it would be determined what percentage rate increase would be necessary to meet the required revenue, which includes the profit margin. If that percentage was more than the listed maximum annual rate increase for that calendar year (below), only the maximum annual rate increase would be applied as it would be the lower and more favorable rate for the customer.

The maximum annual rate increases, as proposed by NRWS, are:
2024-2027 – 8%
2028-2032 – 5%
2033-2040 – 2.5%
It is anticipated that for the first 12-15 years of an extended contract the above noted maximum annual rate increases would be the prevailing option over the Operating Ratio which would likely require an even higher annual increase. However, if the rebuild continues at an accelerated pace, the required revenues may be realized sooner, at which time the percentage increases could be reduced. While these rates are higher than what this town has previously experienced, the cost of providing services to a reduced population within a proportionately large geographic area still carries expenses rivaling those pre-fire. The maximum annual rate increases would not make NRWS financially whole, and they would continue to operate at a loss until the later years of an extended contract. However, NRWS and its parent company are willing to sustain these losses and continue to serve Paradise with the understanding that profits likely will not be realized until the final few years of an extended agreement.

A snapshot of the proposed monthly base rates, using the maximum annual rate increases, for 35-gal services are as follows (refer to the attachments for the full build out):

YEAR RESIDENTIAL CARE-RATE MULTI-FAMILY COMMERCIAL
07/2024 (8%) $33.66 $29.49 $29.49 $35.07
07/2028 (5%) $44.53 $39.01 $39.01 $46.38
07/2032 (5%) $54.14 $47.42 $47.42 $56.39
07/2036 (2.5%) $59.76 $52.36 $52.36 $65.25
07/2040 (2.5%) $65.96 $57.80 $57.80 $68.73
SB 1383 Organics Rates
65 In addition to the existing collection of solid waste, recycling, and yard waste the Town is required to comply with SB 1383 which mandates organic waste collection requirements for both residential and commercial organic waste generators. In this context, organic waste means materials such as food waste, food-soiled paper, and yard waste. Currently the Town is under a Corrective Action Plan with CalRecycle, as are the other jurisdictions in the County, for phased compliance with SB 1383 since the State’s implementation date of January 1, 2022 was not met.

CalRecycle’s initial target deadline for the Town to implement organics collection is March 1, 2024.

The Town and NRWS intend to continue with the 3-cart system and transition the green waste cart to be the organics cart where food waste and yard waste are co-mingled. The challenge of compliance with SB 1383 for all jurisdictions in Butte County is that there is not a facility in the county that processes mixed organics (food and yard waste). Butte County Public Works staff has been working on establishing a transload facility at the Nead Road landfill that would allow local haulers to bring their collected mixed organics to the transfer station to be hauled off to a processing facility out of county. This would save time for the haulers, all of whom would need to haul well outside of Butte County for their designated organics processing facilities. If the Butte County Board of Supervisors does not ultimately support the establishment of the transload facility at the landfill, NRWS will need to haul to Yolo County, a 4-hour round trip, where Northern Recycling operates a composting facility. In preparation, NRWS has already been in conversation with Butte County Environmental Health Division about the potential need for a “medium volume transfer station” (up to 100 tons per day) at NRWS’ yard on American Way, the permitting of which would take a few months.

Collection of co-mingled organic waste will require an additional collection truck and driver as the food waste component will trigger weekly collection. NRWS estimates the annual revenue requirement for organics collection to be $434,376. That is proposed to be split out between the residential and commercial accounts, once organics collection commences, at the rate of a

10.45% increase for residential accounts and a 41.29% increase for commercial accounts. This is in addition to the regular base rates. Combined across all accounts, that works out to an overall increase of 18.88%.

A snapshot of the proposed monthly rates with organics collection included for 35-gal services are as follows (refer to the attachments for the full build out):

YEAR RESIDENTIAL CARE-RATE MULTI-FAMILY COMMERCIAL
07/2024 (8%) $37.18 $32.57 $41.68 $49.55
07/2028 (5%) $49.18 $43.08 $55.13 $65.53
07/2032 (5%) $59.78 $52.35 $67.01 $79.65
07/2036 (2.5%) $65.98 $57.79 $73.97 $87.91
07/2040 (2.5%) $72.83 $63.79 $81.65 $97.04
Proposition 218 Requirements
Proposition 218 establishes the process by which public agencies can raise fees for public services also known as property related fees. These are fees or charges imposed upon a parcel as an incident of property ownership. Solid waste rates fall under the provisions of Prop 218.

Adopting a revised rate methodology and establishing new organics collection rates involves three primary steps: 1) A notice of public hearing sent to all customers and property owners being served that explains thoroughly the proposed rate changes and the manner by which they may protest the fee changes; 2) a public hearing during which customers and property owners may submit written protest and address the Town Council, and 3) approve and adopt the proposed agreement and rate schedule by resolution. While the notice must be mailed to both customers and property owners, only one protest per property will be counted to determine if there is a 66 majority protest.

If Council wishes to move forward at this meeting, Council should adopt the attached Resolution expressing the intent to adopt the agreement and rate structure and directing staff to prepare a Prop 218 Notice for distribution to all NRWS customers and property owners being served, and setting a Public Hearing no earlier than 45 days following distribution of the notice.

For the purposes of Prop 218, a public notice must provide the maximum rates that could be charged to the customer according to the rate schedule being adopted.

Assumptions and Unknowns
Projected income statements, showing estimated revenues or losses through 2040, and the Operating Ratio methodology were provided by NRWS without 3rd party review by a consultant specializing in solid waste contracts. Town staff is unable to verify if a .905 Operating Ratio is common for a solid waste contract. The other jurisdictions in Butte County still use the CPI for their respective solid waste agreements.

However, as previously explained, based on NRWS projections, the Operating Ratio is unlikely to be used during the term of the agreement, and if used, will reduce the projected fixed percentage increases in effect.

Finally, the amended agreement is based on the 2007 agreement predating the imposition of SB 1383. Updates reflecting SB 1383 have been prepared by staff based on CalRecycle requirements. To date, staff has not sought any outside review of these changes to determine how the agreement aligns with current best practices in solid waste management and how other jurisdictions are responding to the organic collection requirements now in effect.

Tipping-fee (landfill charge) increases are not discussed in the rate adjustment being proposed and are considered a “pass-thru” cost meaning that any increase put in place by the landfill is passed through to the rate payer. Butte County has not increased the tipping-fee in multiple years so it can be anticipated that an increased gate fee will occur during the term of an extended agreement but to an unknown extent.

Discussion Item #2 – Proposed text amendments
A synopsis of the proposed franchise agreement text changes are as follows (refer to the attachments for the full text versions):

Recitals
Additional recitals were added to the opening preamble of the agreement to acknowledge the new state laws regarding solid waste and organics collection.

Term of Franchise Agreement (Section 2.03)
At the July 11, 2023 Town Council Meeting, Council members gave directions to staff that the initial term of an amended draft franchise agreement could go out as far as 2040 and language could be kept regarding the 3-year extension. As such, the initial term was updated to July 1, 2024 to July 1, 2040 with the same language included that allowed for a 3-year extension if certain operating standards were met. In addition, language was removed referencing the Consumer Price Index as the rate methodology is proposed to be changed in accordance with Exhibit E of the franchise agreement.

Limitations of Scope (Section 2.06)
Edible food that is collected from a Generator by a Food Recovery Organization/Service or edible 67 food that is properly composted on-site is not subject to the scope of the agreement regarding organics collection.

Materials Processing Operations (Section 4.05)
The Construction and Demolition Debris processing facility has been amended to reflect Northern Recycling in Yolo or Napa Counties instead of Recology.

Cleanups (Section 4.09)
Language was amended to reopen the HHW facility once service subscriptions reach preNovember 2018 levels. Until then, NRWS will provide at least two non-municipal solid waste (MSW) cleanup events per year.

Transportation of Recyclable Materials and Organics (Section 4.22) & Processing of Solid Waste (Section 4.23)
Northern Recycling Organics and C&D processing at Yolo County facility was added as a potential processing facility for recyclable and organic materials as well as Material Recovery Facility.

Street Sweeping (Section 4.26 & Exhibit H)
Street sweeping was removed from the franchise agreement and exhibits pursuant to the third amendment to the current franchise agreement authorized by the Town Council on December 13, 2022.

Local Office and Truck Yard (Section 5.01)
Office hours were amended to 8:00 a.m. to 4:00 p.m. pursuant to the second amendment to the current franchise agreement authorized by the Town Council on September 13, 2022.

Service Notice and Service Recipient Billing (Section 5.02) Removed outdated language regarding “existing” senior service rates from 2006 when the original franchise agreement was enacted.

Service Recipient Complaint Resolution (Section 5.03)
The Compliance Order appeal process for the Contractor was amended to clarify the duties of the Town Manager, Solid Waste Committee, and the Town Council.

Waste Generation/Characterization Studies (Section 5.05) Text was rewritten to align with current CalRecycle regulations and SB 1383.

Annual Route Reviews (Section 5.06)
This section was added to comply with current CalRecycle regulations and SB 1383.

Contractors Rates – General (Section 6.01)
Subsection B. Contractor’s Compensation was renamed and amended to reflect the proposed new rate methodology of an annual fixed price increase or operating ratio adjustment.

Initial Rates (Section 6.02)
Rates years would be amended to start July 1st instead of January 1st to facilitate the completion of the previous year’s financial audit (NRWS operates on a calendar year).

Subsequent Rates for Fiscal Rate Years (Section 6.03)
Revised the language to reflect the proposed new rate methodology of an annual fixed price increase or operating ratio adjustment. Specifies what the maximum annual percentage increases are through 2040. Subsection E was amended to discuss a notice of rate adjustment on or before June 1st, since rate years would be moving to a fiscal year instead of a calendar year, and 68 describes the process for the Town to review and object.

Reports (Section 8.03)
Amended to add monthly, quarterly, and annual reports required by the new SB 1383 organics laws. Added text about route reviews, compliance reviews, and contamination monitoring and noticing.

Exhibit A – Definitions
Updated the list of definitions to include new solid waste definitions that were added to Paradise Municipal Code Chapter 8.08 in July 2022 and also found in the updated franchise agreement.

Exhibit B – Town Facilities/Special Events
The Building Resiliency Center was added to the list of serviced town facilities and Party in the Park was added as the 4th special event.

Exhibit C – Contractor Public Education Plan
Social media advertising was added as a means of distributing public education materials.

Exhibit E – Rate Adjustment Methodology
The rate methodology was updated to reflect the proposed Operating Ratio methodology instead of the previous CPI. Additional percentage increases were included for organics collection and the requirements for the Notice of Rate Adjustment were added to the text.

Exhibit F – Solid Waste Collection Rate Schedule
Rates were updated to reflect the rate schedule proposed to start July 1, 2024, which include the first maximum annual percentage increase of 8%. Debris box rates and special charges were updated.

Exhibit H – SB 1383 Compliance Programs
Street sweeping was changed out for SB 1383 (organics) programs to comply with the collection and reporting requirements of CalRecycle.

Conclusion
The text amendments and reporting requirements proposed will bring the Town into compliance with the organics collection requirements of SB 1383 (there are additional requirements for the Town to meet, outside of the franchise agreement, before becoming fully compliant).

While staff has reviewed and collaborated on the proposed amendments with NRWS, Council consideration will require a full discussion as to whether these amendments and the proposed contract extension are the most beneficial to the community. Staff and NRWS remain available for further explanation of the proposed amendments.

If the requested amendments are deemed acceptable by a majority of the Council, staff is prepared to work with NRWS and the Town attorney to prepare and mail a Prop 218 notice to all NRWS customers and property owners in Paradise after which a public hearing will be scheduled.

If additional amendments are requested by Council, then staff requests the use of a solid waste consultant in preparation of the revised edits, unless there are minor and/or typographical errors.

Through an RFP process in November, staff has proposals from 6 consulting firms. Engaging a consultant to review the proposed agreement for current best practices in solid waste management, affirm the financial data prepared by NRWS, and provide recommendations, should not exceed $40,000 and will add an additional 6 months to this process. Staff cannot guarantee a consultant review of the agreement will produce an improved agreement as we cannot predict what insight or recommendations may result from the review. 69 Attached for Council’s review is a clean copy of the proposed amended and restated franchise agreement with exhibits as well as the existing franchise agreement to compare the listed text amendments in the staff report against and to read the full text.

Financial Impact:

The cost of the Proposition 218 mailings will be covered jointly by the Town, through SB 1383 Local Assistance Funds, and NRWS. If ultimately adopted, the amended and restated franchise agreement will realize additional General Fund revenues from the franchise fees collected as part of the agreement.

Attachments:
 Resolution 2023-____ expressing intent to adopt the agreement and rate schedule and directing staff to complete the Proposition 218 process.  Proposed rates with maximum percentage increase (includes organics collection).  Projected NRWS revenues/losses through 2040 under the new rate methodology (future rate of rebuild can affect these projections).
 Proposed amended and restated franchise agreement with exhibits.  Existing franchise agreement with exhibits.
70 TOWN OF PARADISE
RESOLUTION NO. 2023-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

INTENDING TO ADOPT AN AMENDED AND RESTATED SOLID WASTE FRANCHISE

AGREEMENT WITH INCREASED SERVICE FEES, A CHANGE IN THE SERVICE RATE

METHODLOGY, AND ADDING NEW SERVICES TO BE COMPLIANT WITH SENATE BILL 1383 (ORGANICS COLLECTION)
WHEREAS, the State of California has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed all local agencies to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed; and
WHEREAS, the Town of Paradise is currently in an Agreement with Northern Recycling & Waste Services (NRWS) through April 30, 2027 to provide solid waste, recyclable material, and vegetative waste collection; and
WHEREAS, NRWS sustained $29.4M in property damage and related expenses from the Camp Fire in addition to losing most of their customer base when only 5% of the Town’s structures remained without serious damage; and
WHEREAS, without a pre-fire population, NRWS continues to realize significant financial loss and requires the existing fee structure to be revised and increased to continue to provide the necessary services to the town; and
WHEREAS, the Town and NRWS desire to amend the Agreement to provide organic waste collection in compliance with SB 1383 and to adjust the current rates and add additional rates and services over an extended Agreement period; and.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise, as follows:

1. The Town Council authorizes Town staff and NRWS to prepare and mail a Proposition 218 Notice, to the satisfaction of the Town Attorney, to all record parcels owners and ratepayers relating to the extension of the Franchise Agreement between the Town of Paradise and NRWS for thirteen (13) years through July 1, 2040, adjusting current rates, and adding additional rates and services to comply with SB 1383 organics collection.

2. The cost of the Proposition 218 notices will be shared between the Town, utilizing SB 1383 Local Assistance Funds, and NRWS.

3. Not less than forty-five (45) days after the notice, the Town Council will conduct a public hearing on the proposed rate adjustments and Agreement extension. If there is not a “majority protest” of 50% plus one of all property owners and/or ratepayers subject to the rate adjustments, the Town Council may adopt a Reolution 71 authorizing the Town Manager to execute an extended Agreement with an adjusted rate schedule as proposed.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12 th day of
December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
__________________________
Mayor
ATTEST:
___________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
___________________________
Scott E Huber, Town Attorney
72 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% CPI 3.05% CPI 8%
Town Residential Rates Include:(Solid Waste, Recycle, and Organics) SB1383 10.45%Toter Sizes Monthly Rates Increase Amt Monthly Rates Increase Amt
35 Gal $ 31.17 $ 0.92 $ 37.18 $ 6.01 65 Gal $ 40.52 $ 40.52 $ 48.33 $ 7.81 95 Gal $ 45.21 $ 45.21 $ 53.92 $ 8.71 35 Gal CARE Rate (PG&E Approved) 27.31 $ $ 27.31 $ 32.57 $ 5.26 Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and Organics) SB1383 41.29%Toter Sizes Rates Increase Amt Rates Increase Amt
35 Gal $ 32.47 $ 0.96 $ 49.55 $ 17.08 35 Gal ‐ Multi Family (5+ Units) 27.31 $ $ 0.81 $ 41.68 $ 14.37 65 Gal $ 44.32 $ 1.31 $ 67.63 $ 23.31 95 Gal $ 60.32 $ 1.79 $ 92.05 $ 31.73 95 Gal (2) $ 100.71 $ 2.98 $ 153.67 $ 52.96All Commercial Customers will be charged an additional fee per month to support the Town's Vegetative Waste Facility.

Fee: 4.35 $
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard Rates Increase Amt Rates Increase Amt1xweek $            101.59 $                 3.01 $            155.02 $               53.43 2xweek $            156.99 $                 4.65 $            239.55 $               82.563xweek $            211.91 $                 6.27 $            323.36 $            111.45 4xweek $            267.33 $                 7.91 $            407.93 $            140.60 5xweek $            321.66 $                 9.52 $            490.83 $            169.17 6xweek $            376.67 $               11.15 $            574.78 $            198.11 Commercial - 1.5 Yard1xweek $            122.73 $                 3.63 $            187.28 $               64.55 2xweek $            192.96 $                 5.71 $            294.44 $            101.48 3xweek $            248.83 $                 7.36 $            379.70 $            130.87 4xweek $            322.96 $                 9.56 $            492.81 $            169.85 5xweek $            384.12 $               11.37 $            586.14 $            202.02 6xweek $            437.57 $               12.95 $            667.70 $            230.13 2024
JULY ‐ DEC
2024
JAN ‐ JUNE
73 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% CPI 3.05% CPI 8%
2024
JULY ‐ DEC
2024
JAN ‐ JUNE
Commercial - 2 Yard1xweek $            138.86 $                 4.11 $            211.90 $               73.04 2xweek $            236.16 $                 6.99 $            360.36 $            124.20 3xweek $            316.40 $                 9.36 $            482.80 $            166.40 4xweek $            387.07 $               11.46 $            590.64 $            203.57 5xweek $            462.54 $               13.69 $            705.80 $            243.26 6xweek $            542.47 $               16.06 $            827.78 $            285.31 Commercial - 3 Yard1xweek $            171.44 $                 5.07 $            261.61 $               90.17 2xweek $            286.67 $                 8.48 $            437.44 $            150.77 3xweek $            402.40 $               11.91 $            614.03 $            211.63 4xweek $            526.84 $               15.59 $            803.92 $            277.08 5xweek $            620.82 $               18.37 $            947.33 $            326.51 6xweek $            730.67 $               21.63 $          1,114.95 $            384.28 Commercial - 4 Yard1xweek $            211.50 $                 6.26 $            322.74 $            111.24 2xweek $            360.52 $               10.67 $            550.13 $            189.61 3xweek $            505.74 $               14.97 $            771.72 $            265.98 4xweek $            660.92 $               19.56 $          1,008.51 $            347.595xweek $            810.40 $               23.99 $          1,236.61 $            426.216xweek $            959.77 $               28.41 $          1,464.54 $            504.77 Commercial - 6 Yard1xweek $            247.87 $                 7.34 $            378.24 $            130.37 2xweek $            461.80 $               13.67 $            704.68 $            242.88 3xweek $            666.19 $               19.72 $          1,016.56 $            350.374xweek $            860.97 $               25.48 $          1,313.78 $            452.815xweek $         1,055.77 $               31.25 $          1,611.04 $            555.27 6xweek $         1,260.16 $               37.30 $          1,922.92 $            662.76 Debris Box Rate Increase Amt Rate Increase Amt
All Boxes $            302.14 $                 8.94 $            461.04 $            158.90 74 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 8% CPI 8%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               40.16 $                 2.98 $               43.37 $                 3.21 $               52.20 $                 3.87 $               56.38 $                 4.18 $               58.24 $                 4.32 $               62.90 $                 4.66 $               35.18 $                 2.61 $               37.99 $                 2.81 Rates Increase Amt Rates Increase Amt
$               53.51 $                 3.96 $               57.79 $                 4.28 $               45.01 $                 3.33 $               48.61 $                 3.60 $               73.04 $                 5.41 $               78.88 $                 5.84 $               99.41 $                 7.36 $            107.36 $                 7.95$            165.97 $               12.30 $            179.25 $               13.28 Rates Increase Amt Rates Increase Amt
$            167.43 $               12.41 $            180.82 $               13.39$            258.72 $               19.17 $            279.42 $               20.70$            349.23 $               25.87 $            377.17 $               27.94$            440.56 $               32.63 $            475.80 $               35.24$            530.09 $               39.26 $            572.50 $               42.41$            620.76 $               45.98 $            670.42 $               49.66$            202.27 $               14.99 $            218.45 $               16.18$            318.00 $               23.56 $            343.44 $               25.44$            410.07 $               30.37 $            442.88 $               32.81$            532.24 $               39.43 $            574.82 $               42.58$            633.03 $               46.89 $            683.67 $               50.64$            721.12 $               53.42 $            778.81 $               57.69 2025 2026
75 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 8% CPI 8%
2025 2026
$            228.85 $               16.95 $            247.16 $               18.31$            389.19 $               28.83 $            420.33 $               31.14$            521.43 $               38.63 $            563.14 $               41.71$            637.89 $               47.25 $            688.92 $               51.03$            762.27 $               56.47 $            823.25 $               60.98$            894.00 $               66.22 $            965.52 $               71.52$            282.54 $               20.93 $            305.14 $               22.60$            472.44 $               35.00 $            510.24 $               37.80$            663.16 $               49.13 $            716.21 $               53.05$            868.23 $               64.31 $            937.69 $               69.46 $         1,023.12 $               75.79 $         1,104.97 $               81.85 $         1,204.14 $               89.19 $         1,300.47 $               96.33$            348.56 $               25.82 $            376.44 $               27.88 $            594.14 $               44.01 $            641.67 $               47.53$            833.46 $               61.74 $            900.14 $               66.68 $         1,089.20 $               80.69 $         1,176.34 $               87.14 $         1,335.54 $               98.93 $         1,442.38 $            106.84$         1,581.71 $             117.17 $         1,708.25 $            126.54 $            408.50 $               30.26 $            441.18 $               32.68$            761.05 $               56.37 $            821.93 $               60.88 $         1,097.89 $               81.33 $         1,185.72 $               87.83 $         1,418.88 $             105.10 $         1,532.39 $            113.51 $         1,739.92 $             128.88 $         1,879.11 $            139.19 $         2,076.75 $             153.83 $         2,242.89 $            166.14 Rate Increase Amt Rate Increase Amt
$            497.92 $               36.88 $            537.75 $               39.83 76 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 8% CPI 5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               46.84 $                 3.47 $               49.18 $                 2.34 $               60.89 $                 4.51 $               63.93 $                 3.04 $               67.93 $                 5.03 $               71.33 $                 3.40 $               41.03 $                 3.04 $               43.08 $                 2.05 Rates Increase Amt Rates Increase Amt
$               62.41 $                 4.62 $               65.53 $                 3.12 $               52.50 $                 3.89 $               55.13 $                 2.63 $               85.19 $                 6.31 $               89.45 $                 4.26 $            115.95 $                 8.59 $            121.75 $                 5.80$            193.59 $               14.34 $            203.27 $                 9.68 Rates Increase Amt Rates Increase Amt
$            195.29 $               14.47 $            205.05 $                 9.76$            301.77 $               22.35 $            316.86 $               15.09$            407.34 $               30.17 $            427.71 $               20.37$            513.86 $               38.06 $            539.55 $               25.69$            618.30 $               45.80 $            649.22 $               30.92$            724.05 $               53.63 $            760.25 $               36.20$            235.93 $               17.48 $            247.73 $               11.80$            370.92 $               27.48 $            389.47 $               18.55$            478.31 $               35.43 $            502.23 $               23.92$            620.81 $               45.99 $            651.85 $               31.04$            738.36 $               54.69 $            775.28 $               36.92$            841.11 $               62.30 $            883.17 $               42.06 2027 2028
77 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 8% CPI 5%
2027 2028
$            266.93 $               19.77 $            280.28 $               13.35$            453.96 $               33.63 $            476.66 $               22.70$            608.19 $               45.05 $            638.60 $               30.41$            744.03 $               55.11 $            781.23 $               37.20$            889.11 $               65.86 $            933.57 $               44.46 $         1,042.76 $               77.24 $         1,094.90 $               52.14$            329.55 $               24.41 $            346.03 $               16.48$            551.06 $               40.82 $            578.61 $               27.55$            773.51 $               57.30 $            812.19 $               38.68 $         1,012.71 $               75.02 $         1,063.35 $               50.64 $         1,193.37 $               88.40 $         1,253.04 $               59.67 $         1,404.51 $             104.04 $         1,474.74 $               70.23 $            406.56 $               30.12 $            426.89 $               20.33 $            693.00 $               51.33 $            727.65 $               34.65$            972.15 $               72.01 $         1,020.76 $               48.61 $         1,270.45 $               94.11 $         1,333.97 $               63.52 $         1,557.77 $             115.39 $         1,635.66 $               77.89$         1,844.91 $             136.66 $         1,937.16 $               92.25 $            476.47 $               35.29 $            500.29 $               23.82$            887.68 $               65.75 $            932.06 $               44.38 $         1,280.58 $               94.86 $         1,344.61 $               64.03 $         1,654.98 $             122.59 $         1,737.73 $               82.75$         2,029.44 $             150.33 $         2,130.91 $            101.47 $         2,422.32 $             179.43 $         2,543.44 $            121.12 Rate Increase Amt Rate Increase Amt
$            580.77 $               43.02 $            609.81 $               29.04 78 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 5% CPI 5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               51.64 $                 2.46 $               54.22 $                 2.58 $               67.13 $                 3.20 $               70.49 $                 3.36 $               74.90 $                 3.57 $               78.65 $                 3.75 $               45.23 $                 2.15 $               47.49 $                 2.26 Rates Increase Amt Rates Increase Amt
$               68.81 $                 3.28 $               72.25 $                 3.44 $               57.89 $                 2.76 $               60.78 $                 2.89 $               93.92 $                 4.47 $               98.62 $                 4.70 $            127.84 $                 6.09 $            134.23 $                 6.39 $            213.43 $               10.16 $            224.10 $               10.67 Rates Increase Amt Rates Increase Amt
$            215.30 $               10.25 $            226.07 $               10.77$            332.70 $               15.84 $            349.34 $               16.64$            449.10 $               21.39 $            471.56 $               22.46$            566.53 $               26.98 $            594.86 $               28.33$            681.68 $               32.46 $            715.76 $               34.08$            798.26 $               38.01 $            838.17 $               39.91$            260.12 $               12.39 $            273.13 $               13.01$            408.94 $               19.47 $            429.39 $               20.45$            527.34 $               25.11 $            553.71 $               26.37$            684.44 $               32.59 $            718.66 $               34.22$            814.04 $               38.76 $            854.74 $               40.70$            927.33 $               44.16 $            973.70 $               46.37 2029 2030
79 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 5% CPI 5%
2029 2030
$            294.29 $               14.01 $            309.00 $               14.71$            500.49 $               23.83 $            525.51 $               25.02$            670.53 $               31.93 $            704.06 $               33.53$            820.29 $               39.06 $            861.30 $               41.01$            980.25 $               46.68 $         1,029.26 $               49.01 $         1,149.65 $               54.75 $         1,207.13 $               57.48 $            363.33 $               17.30 $            381.50 $               18.17$            607.54 $               28.93 $            637.92 $               30.38$            852.80 $               40.61 $            895.44 $               42.64 $         1,116.52 $               53.17 $         1,172.35 $               55.83 $         1,315.69 $               62.65 $         1,381.47 $               65.78 $         1,548.48 $               73.74 $         1,625.90 $               77.42$            448.23 $               21.34 $            470.64 $               22.41 $            764.03 $               36.38 $            802.23 $               38.20 $         1,071.80 $               51.04 $         1,125.39 $               53.59 $         1,400.67 $               66.70 $         1,470.70 $               70.03 $         1,717.44 $               81.78 $         1,803.31 $               85.87 $         2,034.02 $               96.86 $         2,135.72 $            101.70 $            525.30 $               25.01 $            551.57 $               26.27$            978.66 $               46.60 $         1,027.59 $               48.93 $         1,411.84 $               67.23 $         1,482.43 $               70.59 $         1,824.62 $               86.89 $         1,915.85 $               91.23 $         2,237.46 $            106.55 $         2,349.33 $            111.87 $         2,670.61 $            127.17 $         2,804.14 $            133.53 Rate Increase Amt Rate Increase Amt
$            640.30 $               30.49 $            672.32 $               32.02 80 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 5% CPI 5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               56.93 $                 2.71 $               59.78 $                 2.85 $               74.01 $                 3.52 $               77.71 $                 3.70 $               82.58 $                 3.93 $               86.71 $                 4.13 $               49.86 $                 2.37 $               52.35 $                 2.49 Rates Increase Amt Rates Increase Amt
$               75.86 $                 3.61 $               79.65 $                 3.79 $               63.82 $                 3.04 $               67.01 $                 3.19$            103.55 $                 4.93 $            108.73 $                 5.18 $            140.94 $                 6.71 $            147.99 $                 7.05 $            235.31 $               11.21 $            247.08 $               11.77 Rates Increase Amt Rates Increase Amt
$            237.37 $               11.30 $            249.24 $               11.87$            366.81 $               17.47 $            385.15 $               18.34$            495.14 $               23.58 $            519.90 $               24.76$            624.60 $               29.74 $            655.83 $               31.23$            751.55 $               35.79 $            789.13 $               37.58$            880.08 $               41.91 $            924.08 $               44.00$            286.79 $               13.66 $            301.13 $               14.34$            450.86 $               21.47 $            473.40 $               22.54$            581.40 $               27.69 $            610.47 $               29.07$            754.59 $               35.93 $            792.32 $               37.73$            897.48 $               42.74 $            942.35 $               44.87 $         1,022.39 $               48.69 $         1,073.51 $               51.12 2031 2032
81 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 5% CPI 5%
2031 2032
$            324.45 $               15.45 $            340.67 $               16.22$            551.79 $               26.28 $            579.38 $               27.59$            739.26 $               35.20 $            776.22 $               36.96$            904.37 $               43.07 $            949.59 $               45.22 $         1,080.72 $               51.46 $         1,134.76 $               54.04 $         1,267.49 $               60.36 $         1,330.86 $               63.37$            400.58 $               19.08 $            420.61 $               20.03$            669.82 $               31.90 $            703.31 $               33.49$            940.21 $               44.77 $            987.22 $               47.01 $         1,230.97 $               58.62 $         1,292.52 $               61.55 $         1,450.54 $               69.07 $         1,523.07 $               72.53 $         1,707.20 $               81.30 $         1,792.56 $               85.36$            494.17 $               23.53 $            518.88 $               24.71 $            842.34 $               40.11 $            884.46 $               42.12 $         1,181.66 $               56.27 $         1,240.74 $               59.08 $         1,544.24 $               73.54 $         1,621.45 $               77.21 $         1,893.48 $               90.17 $         1,988.15 $               94.67 $         2,242.51 $            106.79 $         2,354.64 $            112.13 $            579.15 $               27.58 $            608.11 $               28.96 $         1,078.97 $               51.38 $         1,132.92 $               53.95 $         1,556.55 $               74.12 $         1,634.38 $               77.83 $         2,011.64 $               95.79 $         2,112.22 $            100.58$         2,466.80 $            117.47 $         2,590.14 $            123.34 $         2,944.35 $            140.21 $         3,091.57 $            147.22 Rate Increase Amt Rate Increase Amt
$            705.94 $               33.62 $            741.24 $               35.30 82 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 2.5% CPI 2.5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               61.27 $                 1.49 $               62.80 $                 1.53 $               79.65 $                 1.94 $               81.64 $                 1.99 $               88.88 $                 2.17 $               91.10 $                 2.22 $               53.66 $                 1.31 $               55.00 $                 1.34 Rates Increase Amt Rates Increase Amt
$               81.64 $                 1.99 $               83.68 $                 2.04 $               68.69 $                 1.68 $               70.41 $                 1.72$            111.45 $                 2.72 $            114.24 $                 2.79 $            151.69 $                 3.70 $            155.48 $                 3.79 $            253.26 $                 6.18 $            259.59 $                 6.33 Rates Increase Amt Rates Increase Amt
$            255.47 $                 6.23 $            261.86 $                 6.39 $            394.78 $                 9.63 $            404.65 $                 9.87$            532.90 $               13.00 $            546.22 $               13.32$            672.23 $               16.40 $            689.04 $               16.81$            808.86 $               19.73 $            829.08 $               20.22$            947.18 $               23.10 $            970.86 $               23.68$            308.66 $                 7.53 $            316.38 $                 7.72 $            485.24 $               11.84 $            497.37 $               12.13$            625.73 $               15.26 $            641.37 $               15.64$            812.13 $               19.81 $            832.43 $               20.30$            965.91 $               23.56 $            990.06 $               24.15 $         1,100.35 $               26.84 $         1,127.86 $               27.51 2033 2034
83 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 2.5% CPI 2.5%
2033 2034
$            349.19 $                 8.52 $            357.92 $                 8.73 $            593.86 $               14.48 $            608.71 $               14.85$            795.63 $               19.41 $            815.52 $               19.89$            973.33 $               23.74 $            997.66 $               24.33 $         1,163.13 $               28.37 $         1,192.21 $               29.08 $         1,364.13 $               33.27 $         1,398.23 $               34.10$            431.13 $               10.52 $            441.91 $               10.78$            720.89 $               17.58 $            738.91 $               18.02 $         1,011.90 $               24.68 $         1,037.20 $               25.30 $         1,324.83 $               32.31 $         1,357.95 $               33.12 $         1,561.15 $               38.08 $         1,600.18 $               39.03 $         1,837.37 $               44.81 $         1,883.30 $               45.93 $            531.85 $               12.97 $            545.15 $               13.30 $            906.57 $               22.11 $            929.23 $               22.66 $         1,271.76 $               31.02 $         1,303.55 $               31.79 $         1,661.99 $               40.54 $         1,703.54 $               41.55 $         2,037.85 $               49.70 $         2,088.80 $               50.95 $         2,413.51 $               58.87 $         2,473.85 $               60.34$            623.31 $               15.20 $            638.89 $               15.58 $         1,161.24 $               28.32 $         1,190.27 $               29.03 $         1,675.24 $               40.86 $         1,717.12 $               41.88 $         2,165.03 $               52.81 $         2,219.16 $               54.13 $         2,654.89 $               64.75 $         2,721.26 $               66.37 $         3,168.86 $               77.29 $         3,248.08 $               79.22 Rate Increase Amt Rate Increase Amt
$            759.77 $               18.53 $            778.76 $               18.99 84 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 2.5% CPI 2.5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               64.37 $                 1.57 $               65.98 $                 1.61 $               83.68 $                 2.04 $               85.77 $                 2.09 $               93.38 $                 2.28 $               95.71 $                 2.33 $               56.38 $                 1.38 $               57.79 $                 1.41 Rates Increase Amt Rates Increase Amt
$               85.77 $                 2.09 $               87.91 $                 2.14 $               72.17 $                 1.76 $               73.97 $                 1.80$            117.10 $                 2.86 $            120.03 $                 2.93 $            159.37 $                 3.89 $            163.35 $                 3.98 $            266.08 $                 6.49 $            272.73 $                 6.65 Rates Increase Amt Rates Increase Amt
$            268.41 $                 6.55 $            275.12 $                 6.71 $            414.77 $               10.12 $            425.14 $               10.37$            559.88 $               13.66 $            573.88 $               14.00$            706.27 $               17.23 $            723.93 $               17.66$            849.81 $               20.73 $            871.06 $               21.25$            995.13 $               24.27 $         1,020.01 $               24.88$            324.29 $                 7.91 $            332.40 $                 8.11 $            509.80 $               12.43 $            522.55 $               12.75$            657.40 $               16.03 $            673.84 $               16.44$            853.24 $               20.81 $            874.57 $               21.33 $         1,014.81 $               24.75 $         1,040.18 $               25.37 $         1,156.06 $               28.20 $         1,184.96 $               28.90 2035 2036
85 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 2.5% CPI 2.5%
2035 2036
$            366.87 $                 8.95 $            376.04 $                 9.17 $            623.93 $               15.22 $            639.53 $               15.60$            835.91 $               20.39 $            856.81 $               20.90 $         1,022.60 $               24.94 $         1,048.17 $               25.57 $         1,222.02 $               29.81 $         1,252.57 $               30.55 $         1,433.19 $               34.96 $         1,469.02 $               35.83$            452.96 $               11.05 $            464.28 $               11.32$            757.38 $               18.47 $            776.31 $               18.93 $         1,063.13 $               25.93 $         1,089.71 $               26.58 $         1,391.90 $               33.95 $         1,426.70 $               34.80 $         1,640.18 $               40.00 $         1,681.18 $               41.00 $         1,930.38 $               47.08 $         1,978.64 $               48.26$            558.78 $               13.63 $            572.75 $               13.97 $            952.46 $               23.23 $            976.27 $               23.81 $         1,336.14 $               32.59 $         1,369.54 $               33.40 $         1,746.13 $               42.59 $         1,789.78 $               43.65 $         2,141.02 $               52.22 $         2,194.55 $               53.53 $         2,535.70 $               61.85 $         2,599.09 $               63.39$            654.86 $               15.97 $            671.23 $               16.37 $         1,220.03 $               29.76 $         1,250.53 $               30.50 $         1,760.05 $               42.93 $         1,804.05 $               44.00 $         2,274.64 $               55.48 $         2,331.51 $               56.87 $         2,789.29 $               68.03 $         2,859.02 $               69.73 $         3,329.28 $               81.20 $         3,412.51 $               83.23 Rate Increase Amt Rate Increase Amt
$            798.23 $               19.47 $            818.19 $               19.96 86 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 2.5% CPI 2.5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               67.63 $                 1.65 $               69.32 $                 1.69 $               87.91 $                 2.14 $               90.11 $                 2.20 $               98.10 $                 2.39 $            100.55 $                 2.45 $               59.23 $                 1.44 $               60.71 $                 1.48 Rates Increase Amt Rates Increase Amt
$               90.11 $                 2.20 $               92.36 $                 2.25 $               75.82 $                 1.85 $               77.72 $                 1.90$            123.03 $                 3.00 $            126.11 $                 3.08 $            167.43 $                 4.08 $            171.62 $                 4.19 $            279.55 $                 6.82 $            286.54 $                 6.99 Rates Increase Amt Rates Increase Amt
$            282.00 $                 6.88 $            289.05 $                 7.05 $            435.77 $               10.63 $            446.66 $               10.89$            588.23 $               14.35 $            602.94 $               14.71$            742.03 $               18.10 $            760.58 $               18.55$            892.84 $               21.78 $            915.16 $               22.32 $         1,045.51 $               25.50 $         1,071.65 $               26.14$            340.71 $                 8.31 $            349.23 $                 8.52$            535.61 $               13.06 $            549.00 $               13.39 $            690.69 $               16.85 $            707.96 $               17.27$            896.43 $               21.86 $            918.84 $               22.41 $         1,066.18 $               26.00 $         1,092.83 $               26.65 $         1,214.58 $               29.62 $         1,244.94 $               30.36 2037 2038
87 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 2.5% CPI 2.5%
2037 2038
$            385.44 $                 9.40 $            395.08 $                 9.64 $            655.52 $               15.99 $            671.91 $               16.39$            878.23 $               21.42 $            900.19 $               21.96 $         1,074.37 $               26.20 $         1,101.23 $               26.86 $         1,283.88 $               31.31 $         1,315.98 $               32.10 $         1,505.75 $               36.73 $         1,543.39 $               37.64$            475.89 $               11.61 $            487.79 $               11.90$            795.72 $               19.41 $            815.61 $               19.89 $         1,116.95 $               27.24 $         1,144.87 $               27.92 $         1,462.37 $               35.67 $         1,498.93 $               36.56 $         1,723.21 $               42.03 $         1,766.29 $               43.08 $         2,028.11 $               49.47 $         2,078.81 $               50.70$            587.07 $               14.32 $            601.75 $               14.68 $         1,000.68 $               24.41 $         1,025.70 $               25.02 $         1,403.78 $               34.24 $         1,438.87 $               35.09 $         1,834.52 $               44.74 $         1,880.38 $               45.86 $         2,249.41 $               54.86 $         2,305.65 $               56.24 $         2,664.07 $               64.98 $         2,730.67 $               66.60$            688.01 $               16.78 $            705.21 $               17.20 $         1,281.79 $               31.26 $         1,313.83 $               32.04 $         1,849.15 $               45.10 $         1,895.38 $               46.23 $         2,389.80 $               58.29 $         2,449.55 $               59.75 $         2,930.50 $               71.48 $         3,003.76 $               73.26 $         3,497.82 $               85.31 $         3,585.27 $               87.45 Rate Increase Amt Rate Increase Amt
$            838.64 $               20.45 $            859.61 $               20.97 88 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% Town Residential Rates Include:(Solid Waste, Recycle, and Organics)Toter Sizes 35 Gal   65 Gal 95 Gal 35 Gal CARE Rate (PG&E Approved)Additional Yard Waste Cans (over 2 ) are $5.00 each per month w/ contract Town Commercial Toter Rates Include: (Solid Waste, Recycle, and OrganicToter Sizes 35 Gal35 Gal ‐ Multi Family (5+ Units)65 Gal95 Gal95 Gal (2)All Commercial Customers will be charged an additional fee per month to support the Town's VFee: 4.35 $ Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 1.5 Yard1xweek2xweek3xweek4xweek5xweek6xweek CPI 2.5% CPI 2.5%
Monthly Rates Increase Amt Monthly Rates Increase Amt
$               71.05 $                 1.73 $               72.83 $                 1.78 $               92.36 $                 2.25 $               94.67 $                 2.31$            103.06 $                 2.51 $            105.64 $                 2.58 $               62.23 $                 1.52 $               63.79 $                 1.56 Rates Increase Amt Rates Increase Amt
$               94.67 $                 2.31 $               97.04 $                 2.37 $               79.66 $                 1.94 $               81.65 $                 1.99$            129.26 $                 3.15 $            132.49 $                 3.23 $            175.91 $                 4.29 $            180.31 $                 4.40 $            293.70 $                 7.16 $            301.04 $                 7.34 Rates Increase Amt Rates Increase Amt
$            296.28 $                 7.23 $            303.69 $                 7.41 $            457.83 $               11.17 $            469.28 $               11.45$            618.01 $               15.07 $            633.46 $               15.45$            779.59 $               19.01 $            799.08 $               19.49$            938.04 $               22.88 $            961.49 $               23.45 $         1,098.44 $               26.79 $         1,125.90 $               27.46$            357.96 $                 8.73 $            366.91 $                 8.95$            562.73 $               13.73 $            576.80 $               14.07 $            725.66 $               17.70 $            743.80 $               18.14$            941.81 $               22.97 $            965.36 $               23.55 $         1,120.15 $               27.32 $         1,148.15 $               28.00 $         1,276.06 $               31.12 $         1,307.96 $               31.90 2039 2040
89 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%Commercial - 2 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 3 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 4 Yard1xweek2xweek3xweek4xweek5xweek6xweekCommercial - 6 Yard1xweek2xweek3xweek4xweek5xweek6xweek Debris Box
All Boxes
CPI 2.5% CPI 2.5%
2039 2040
$            404.96 $                 9.88 $            415.08 $               10.12$            688.71 $               16.80 $            705.93 $               17.22$            922.69 $               22.50 $            945.76 $               23.07 $         1,128.76 $               27.53 $         1,156.98 $               28.22 $         1,348.88 $               32.90 $         1,382.60 $               33.72 $         1,581.97 $               38.58 $         1,621.52 $               39.55$            499.98 $               12.19 $            512.48 $               12.50$            836.00 $               20.39 $            856.90 $               20.90 $         1,173.49 $               28.62 $         1,202.83 $               29.34 $         1,536.40 $               37.47 $         1,574.81 $               38.41 $         1,810.45 $               44.16 $         1,855.71 $               45.26 $         2,130.78 $               51.97 $         2,184.05 $               53.27$            616.79 $               15.04 $            632.21 $               15.42 $         1,051.34 $               25.64 $         1,077.62 $               26.28 $         1,474.84 $               35.97 $         1,511.71 $               36.87 $         1,927.39 $               47.01 $         1,975.57 $               48.18 $         2,363.29 $               57.64 $         2,422.37 $               59.08 $         2,798.94 $               68.27 $         2,868.91 $               69.97$            722.84 $               17.63 $            740.91 $               18.07 $         1,346.68 $               32.85 $         1,380.35 $               33.67 $         1,942.76 $               47.38 $         1,991.33 $               48.57 $         2,510.79 $               61.24 $         2,573.56 $               62.77 $         3,078.85 $               75.09 $         3,155.82 $               76.97 $         3,674.90 $               89.63 $         3,766.77 $               91.87 Rate Increase Amt Rate Increase Amt
$            881.10 $               21.49 $            903.13 $               22.03 90 NORTHERN RECYCLING & WASTE SERVICES, LLC

TOWN OF PARADISE FRANCHISE

NEW RATE METHODOLOGY
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Operating Expenses $ 1,731,393 $ 1,983,491 $ 2,048,507 $ 2,326,293 $ 2,402,966 $ 2,482,405 $ 2,683,063 $ 2,773,837 $ 2,867,984 $ 3,026,946 $ 3,131,083 $ 3,239,156 $ 3,414,868 $ 3,534,230 $ 3,658,171 Operating ratio 0.905 $ 1,913,141 $ 2,191,703 $ 2,263,544 $ 2,570,490 $ 2,655,211 $ 2,742,989 $ 2,964,710 $ 3,065,013 $ 3,169,043 $ 3,344,692 $ 3,459,760 $ 3,579,178 $ 3,773,335 $ 3,905,227 $ 4,042,178 Pass-through Costs:

Disposal & Processing $ 340,117 $ 332,289 $ 348,904 $ 366,349 $ 384,666 $ 403,900 $ 424,095 $ 445,299 $ 467,564 $ 490,943 $ 515,490 $ 541,264 $ 568,327 $ 596,744 $ 626,581 Franchise Fee $ 125,658 $ 153,636 $ 168,133 $ 188,341 $ 211,034 $ 236,658 $ 257,894 $ 281,208 $ 306,759 $ 334,604 $ 365,065 $ 388,903 $ 414,300 $ 428,673 $ 443,500 Depreciation $ 136,549 $ 224,529 $ 254,075 $ 317,644 $ 320,006 $ 322,089 $ 576,818 $ 569,956 $ 560,944 $ 693,357 $ 691,034 $ 689,655 $ 651,399 $ 604,454 $ 604,584 Interest $ 71,126 $ 80,620 $ 73,525 $ 66,430 $ 58,690 $ 50,950 $ 119,710 $ 104,470 $ 89,230 $ 94,990 $ 77,650 $ 84,310 $ 72,467 $ 59,400 $ 49,200 Total $ 673,450 $ 791,074 $ 844,637 $ 938,764 $ 974,396 $ 1,013,597 $ 1,378,517 $ 1,400,933 $ 1,424,497 $ 1,613,894 $ 1,649,239 $ 1,704,132 $ 1,706,493 $ 1,689,271 $ 1,723,865 Revenue requirement $ 2,586,591 $ 2,982,777 $ 3,108,181 $ 4,200,536 $ 5,124,564 $ 5,851,373 $ 6,798,765 $ 7,565,507 $ 8,126,797 $ 8,688,118 $ 9,002,062 $ 9,055,161 $ 8,964,230 $ 8,625,150 $ 8,252,296 Projected revenue $ 1,748,833 $ 2,209,796 $ 2,416,899 $ 2,705,579 $ 3,029,777 $ 3,395,835 $ 3,699,204 $ 4,032,250 $ 4,397,265 $ 4,795,055 $ 5,230,211 $ 5,570,759 $ 5,933,578 $ 6,138,897 $ 6,350,711 Revenue shortfall $ 837,758 $ 772,981 $ 691,282 $ 1,494,957 $ 2,094,787 $ 2,455,538 $ 3,099,561 $ 3,533,257 $ 3,729,532 $ 3,893,063 $ 3,771,851 $ 3,484,402 $ 3,030,652 $ 2,486,253 $ 1,901,585 Rate increase 47.9% 35.0% 28.6% 55.3% 69.1% 72.3% 83.8% 87.6% 84.8% 81.2% 72.1% 62.5% 51.1% 40.5% 29.9% Cumulative revenue under/over collected $ 691,282 $ 803,675 $ 1,291,112 $ 1,164,426 $ 1,935,135 $ 1,598,122 $ 2,131,410 $ 1,761,653 $ 2,010,198 $ 1,474,204 $ 1,556,448 $ 929,805 $ 971,780 Confidential 10/11/2023 Page 1
91 NORTHERN RECYCLING & WASTE SERVICES, LL

TOWN OF PARADISE FRANCHISE

NEW RATE METHODOLOGY
Operating Expenses
Operating ratio 0.905
Pass-through Costs:

Disposal & Processing
Franchise Fee
Depreciation
Interest
Total
Revenue requirement
Projected revenue
Revenue shortfall
Rate increase
Cumulative revenue under/over collected
2037 2038 2039 2040
$ 3,852,758 $ 3,989,468 $ 4,131,498 $ 4,279,067
$ 4,257,191 $ 4,408,252 $ 4,565,191 $ 4,728,251
$ 657,910 $ 690,806 $ 725,346 $ 761,613
$ 458,804 $ 474,678 $ 491,177 $ 508,457
$ 690,284 $ 405,505 $ 401,005 $ 382,171
$ 39,000 $ - $ - $ -
$ 1,845,998 $ 1,570,989 $ 1,617,528 $ 1,652,241
$ 8,004,774 $ 7,414,674 $ 6,801,272 $ 6,149,953
$ 6,569,341 $ 6,796,121 $ 7,031,811 $ 7,278,669
$ 1,435,433 $ 618,553 $ (230,539) $ (1,128,716)

21.9% 9.1% -3.3% -15.5%
$ 463,653 $ 154,900 $ (385,439) $ (743,277)
Confidential 10/11/2023 Page 2
92 AMENDED AND RESTATED

FRANCHISE AGREEMENT

BETWEEN

THE TOWN OF PARADISE
AND

NORTHERN RECYCLING AND WASTE SERVICES, LLC
FOR

SOLID WASTE, RECYCLABLE MATERIALS, AND

ORGANICS COLLECTION, PROCESSING, AND

DISPOSAL SERVICES
* * * * * *
XXX, 2024
93 FRANCHISE AGREEMENT

BETWEEN

THE TOWN OF PARADISE
AND

NORTHERN RECYCLING AND WASTE SERVICES, LLC
FOR

SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANICS

COLLECTION, PROCESSING AND DISPOSAL SERVICES

TABLE OF CONTENTS
RECITALS:..................................................................................................................................................1 ARTICLE 1 DEFINITIONS.......................................................................................................................3 ARTICLE 2 GRANT AND ACCEPTANCE OF AGREEMENT...........................................................3

2.01 GRANT AND ACCEPTANCE OF FRANCHISE.......................................................................................3

2.02 EFFECTIVE DATE AND COMMENCEMENT DATE...............................................................................3

2.03 TERM. .............................................................................................................................................3

2.04 CONDITIONS TO THE EFFECTIVENESS OF AGREEMENT. ...................................................................4

2.05 SCOPE OF FRANCHISE......................................................................................................................4

2.06 LIMITATIONS TO SCOPE...................................................................................................................5

2.07 ADDITIONAL SERVICES AND MODIFICATIONS TO SERVICE..............................................................7

2.08 TOWN’S RIGHT TO DIRECT / OWNERSHIP OF SOLID WASTE. ...........................................................8 ARTICLE 3 FRANCHISE AND OTHER FEES....................................................................................10

3.01 FRANCHISE FEE AMOUNT. ............................................................................................................10

3.02 INTENTIONALLY BLANK................................................................................................................10

3.03 OTHER FEES..................................................................................................................................10

3.04 TIME AND METHOD OF PAYMENT. ................................................................................................10

3.05 ADJUSTMENT TO FEES...................................................................................................................10 ARTICLE 4 DIRECT SERVICES..........................................................................................................11

4.01 GENERAL. .....................................................................................................................................11

4.02 SOLID WASTE COLLECTION. ........................................................................................................11

4.03 RECYCLABLE MATERIALS COLLECTION........................................................................................12

4.04 ORGANICS PROGRAM. ...................................................................................................................13

4.05 MATERIALS PROCESSING OPERATIONS. ........................................................................................14

4.06 COLLECTION LOCATIONS. .............................................................................................................15

4.07 FAILURE TO COLLECT. ..................................................................................................................15

4.08 MARKETING OF RECYCLABLE MATERIALS AND ORGANICS. .........................................................16

4.09 CLEANUPS.....................................................................................................................................16

4.10 OPERATIONS. ................................................................................................................................16

4.11 CONTAINERS. ................................................................................................................................19

4.12 LITTER ABATEMENT. ....................................................................................................................20

4.13 PERSONNEL...................................................................................................................................21

4.14 IDENTIFICATION REQUIRED...........................................................................................................22

4.15 FEES AND GRATUITIES. .................................................................................................................22

4.16 NON-DISCRIMINATION..................................................................................................................22

4.17 CHANGE IN COLLECTION SCHEDULE.............................................................................................22 94 4.18 REPORT OF ACCUMULATION OF SOLID WASTE; UNAUTHORIZED DUMPING.................................22

4.19 CONTINGENCY PLAN.....................................................................................................................22

4. 20 COLLECTION ROUTES....................................................................................................................23

4.21 TRANSPORTATION OF SOLID WASTE.............................................................................................23

4.22 TRANSPORTATION OF RECYCLABLE MATERIALS AND ORGANICS. ................................................23

4.23 PROCESSING OF SOLID WASTE. .....................................................................................................23

4.24 DISPOSITION OF SOLID WASTE......................................................................................................23 ARTICLE 5 OTHER SERVICES............................................................................................................25

5.01 LOCAL OFFICE AND TRUCK YARD. ...............................................................................................25

5.02 SERVICE NOTICE AND SERVICE RECIPIENT BILLING .....................................................................25

5.03 SERVICE RECIPIENT COMPLAINT RESOLUTION. ............................................................................27

5.04 EDUCATION AND PUBLIC AWARENESS..........................................................................................30

5.05 WASTE GENERATION/CHARACTERIZATION STUDIES. ...................................................................31 ARTICLE 6 CONTRACTOR'S RATES.................................................................................................34

6.01 GENERAL. .....................................................................................................................................34

6.02 INITIAL RATES. .............................................................................................................................34

6.03 SUBSEQUENT RATES FOR RATE YEARS.........................................................................................34 ARTICLE 7 REVIEW OF SERVICES AND PERFORMANCE.........................................................36

7.01 PERFORMANCE HEARING. .............................................................................................................36

7.02 ANNUAL DIVERSION PROGRAM REVIEW.......................................................................................36 ARTICLE 8 RECORDS, REPORTS AND INFORMATION REQUIREMENTS.............................38

8.01 GENERAL. .....................................................................................................................................38

8.02 RECORDS.......................................................................................................................................38

8.03 REPORTS. ......................................................................................................................................41

8.04 ADVERSE INFORMATION. ..............................................................................................................48

8.05 RIGHT TO INSPECT RECORDS.........................................................................................................48 ARTICLE 9 INDEMNIFICATION, INSURANCE AND BOND .........................................................50

9.01 INDEMNIFICATION.........................................................................................................................50

9.02 AB 939 INDEMNIFICATION............................................................................................................51

9.03 INSURANCE. ..................................................................................................................................51

9.04 LETTER OF CREDIT........................................................................................................................56 ARTICLE 10 TOWN’S RIGHT TO PERFORM SERVICE...............................................................57

10.01 GENERAL. .................................................................................................................................57

10.02 TEMPORARY POSSESSION OF CONTRACTOR'S PROPERTY. .........................................................58

10.03 BILLING AND COMPENSATION TO THE TOWN DURING TOWN’S POSSESSION. ............................58

10.04 TOWN’S RIGHT TO RELINQUISH POSSESSION. ...........................................................................59

10.05 DURATION OF TOWN’S POSSESSION..........................................................................................59 ARTICLE 11 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES .........................................60

11.01 EVENTS OF DEFAULT. ...............................................................................................................60

11.02 RIGHT TO TERMINATE UPON DEFAULT. ....................................................................................61

11.03 LIQUIDATED DAMAGES.............................................................................................................62

11.04 EXCUSE FROM PERFORMANCE. .................................................................................................64

11.05 NOTICE, HEARING AND APPEAL OF TOWN/ BREACH.................................................................65 95 11.06 ASSURANCE OF PERFORMANCE.................................................................................................66

11.07 DAMAGE TO PROPERTY.............................................................................................................66

11.08 TOWN REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE........................................................66 ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES ..............................................................67

12.01 RELATIONSHIP OF PARTIES........................................................................................................67

12.02 COMPLIANCE WITH LAW. ..........................................................................................................67

12.03 GOVERNING LAW......................................................................................................................67

12.04 JURISDICTION............................................................................................................................67

12.05 ASSIGNMENT BY CONTRACTOR.................................................................................................68

12.06 BINDING ON ASSIGNS................................................................................................................69

12.07 AFFILIATED COMPANIES. ..........................................................................................................69

12.08 SUBCONTRACTING. ...................................................................................................................70

12.09 TRANSITION TO NEXT CONTRACTOR.........................................................................................70

12.10 PARTIES IN INTEREST. ...............................................................................................................70

12.11 WAIVER. ...................................................................................................................................70

12.12 CONTRACTOR'S INVESTIGATION................................................................................................70

12.13 NOTICE......................................................................................................................................71

12.14 REPRESENTATIVES OF THE PARTIES. .........................................................................................71

12.15 TOWN FREE TO NEGOTIATE WITH THIRD PARTIES. ...................................................................72

12.16 COMPLIANCE WITH THE TOWN’S CODES...................................................................................72

12.17 PRIVACY. ..................................................................................................................................72

12.18 INTEGRATED CONTRACT...........................................................................................................72

12.19 INSERTED PROVISIONS. .............................................................................................................72

12.20 EXECUTION. ..............................................................................................................................73

12.21 NON-DISCRIMINATION..............................................................................................................73

12.22 DISPUTE RESOLUTION...............................................................................................................73 ARTICLE 13 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR ...........................74

13.01 COMPANY STATUS. ...................................................................................................................74

13.02 COMPANY AUTHORIZATION......................................................................................................74

13.03 AGREEMENT WILL NOT CAUSE BREACH. .................................................................................74

13.04 NO LITIGATION. ........................................................................................................................74

13.05 NO ADVERSE JUDICIAL DECISIONS. ..........................................................................................75

13.06 ABILITY TO PERFORM. ..............................................................................................................75 ARTICLE 14 MISCELLANEOUS PROVISIONS ................................................................................76

14.01 ENTIRE AGREEMENT. ................................................................................................................76

14.02 SECTION HEADINGS. .................................................................................................................76

14.03 REFERENCES TO LAWS AND OTHER AGREEMENTS....................................................................76

14.04 INTERPRETATION.......................................................................................................................76

14.05 AGREEMENT..............................................................................................................................76

14.06 SEVERABILITY...........................................................................................................................76

14.07 EXHIBITS...................................................................................................................................76

14.08 ATTORNEYS' FEES.....................................................................................................................76

14.09 COMPILATION OF INFORMATION FOR STATE LAW PURPOSES....................................................77

14.10 DEFINITIONS. ............................................................................................................................77

14.11 COUNTERPARTS. .......................................................................................................................77 96 EXHIBITS
Definitions..................................................................................................................................................Exhibit A Town’s Facilities/Special Events............................................................................................................Exhibit B Contractor Public Education Plan ..........................................................................................................Exhibit C Payments to Town ....................................................................................................................................Exhibit D Rate Adjustment Methodology ..............................................................................................................Exhibit E Solid Waste Collection Rate Schedule....................................................................................................Exhibit F Notary Certification..................................................................................................................................Exhibit G SB1383 Programs.......................................................................................................................................Exhibit H 97 1
1 AMENDED AND RESTATED AGREEMENT
2 FOR
3 4 SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANICS
5 COLLECTION, PROCESSING AND DISPOSAL SERVICES
6 7 This AMENDED AND RESTATED AGREEMENT (“Agreement”) is made as of this XX day 8 of XX 2024, by and between the TOWN OF PARADISE, a municipal corporation, (hereinafter 9 referred to as the “Town”) and Northern Recycling and Waste Services, LLC, a California 10 Limited Liability Company (hereinafter referred to as “Contractor”). 11 12
13 RECITALS:
14 15 Whereas; the Legislature of the State of California, by enactment of Assembly Bill 939 of 1989 16 (Act) (California Public Resources Code Section 40000 et seq.), has declared that it is in the 17 public interest to authorize and require local agencies to make adequate provisions for Solid 18 Waste handling within their jurisdiction; and,
19 20 Whereas; the State of California has found and declared that the amount of Solid Waste 21 generated in California, coupled with diminishing Disposal capacity and interest in 22 minimizing potential environmental impacts from landfilling and the need to conserve 23 natural resources, have created an urgent need for State and local agencies to enact and 24 implement an aggressive integrated waste management program. The State has, through 25 enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs 26 and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 27 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics 28 Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), 29 directed the responsible State agency, and all local agencies, to promote a reduction in 30 Landfill Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and 31 composting options in order to reduce the amount of material that must be Disposed; and, 32 33 Whereas; SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, 34 Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste 35 Disposal reduction targets and; and,
36 37 Whereas; SB 1383 Regulations require Jurisdiction to implement Collection programs, meet 38 Processing facility requirements, conduct contamination monitoring, provide education, 39 maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other 40 requirements; and, Jurisdiction has chosen to delegate some of its responsibilities to the 41 Contractor, acting as the Jurisdiction’s designee, through this Agreement; and 42 43 Whereas; pursuant to California Public Resources Code Section 40059(a)(2), the Town has 44 determined that the public health, safety, and well-being require that a franchise agreement 45 be awarded to a qualified contractor for the Collection of Solid Waste, Recyclable Materials, 98 2
46 and Organics, and other services related to meeting the diversion goals, and other 47 requirements of the California Act; and,
48 49 Whereas; the Town declares its intention of maintaining reasonable rates and quality service 50 related to the Collection of Solid Waste, Recyclable Materials, and Organics, the 51 transportation of such material to appropriate places of processing, Recycling, Composting, 52 and/or Disposal, and the Processing of Recyclable Materials and Organics and other services; 53 and,
54 55 Whereas; the Contractor has submitted a plan to provide Solid Waste, Recyclable Materials, 56 and Organics programs at reasonable costs to the ratepayers of the Town and the Town has 57 elected to enter into this Agreement based on the advantages of that plan; and, 58 59 Whereas; the Town desires to continue the Agreement with Contractor based on the strength 60 of its plan to provide the desired services and the ability of those services to meet the Town’s 61 diversion goals and comply with the requirements of the Act; and, 62 63 Whereas; Contractor agrees to and acknowledges that it shall arrange for the proper Disposal 64 of all Solid Waste collected in the Town’s Service Area and the Town is not instructing 65 Contractor how to Collect, transport, process and / or Dispose of Solid Waste, Recyclable 66 Materials, and Organics; and,
67 68 Whereas; Town and Contractor desire to leave no doubts as to their respective roles, and that 69 by entering into this Agreement, the Town is not thereby becoming a “generator” or 70 “arranger” as those terms are used in CERCLA 107 (a)(3), and that it is Contractor, not the 71 Town, which is “arranging for” the Collection of Solid Waste, Recyclable Materials, and 72 Organics, the transportation of such material to appropriate places of processing, Recycling, 73 Composting, and/or Disposal, and the Processing of Recyclable Materials and Organics; and, 74 75 Whereas; this Agreement has been developed by and is satisfactory to the parties. 76 77 NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions 78 contained in this Agreement and for other good and valuable consideration, the parties agree 79 as follows:
80 99
3 81 ARTICLE 1
82 DEFINITIONS
83 84 Unless the context otherwise requires, capitalized terms used in this Agreement will have the 85 meanings specified in Exhibit A to this Agreement, which is attached hereto and incorporated 86 by reference.
87 88 ARTICLE 2
89 GRANT AND ACCEPTANCE OF AGREEMENT
90 91 2.01 Grant and Acceptance of Franchise.
92 Subject to Sections 2.04 and 2.06, the Town hereby grants to Contractor the exclusive 93 right and privilege to Collect, transport, process and / or Dispose of Solid Waste, 94 Recyclable Materials, and Organics accumulating in Service Area that is required to be 95 accumulated and offered for Collection to Contractor in accordance with Paradise 96 Municipal Code Chapter 8.08 and this Agreement. Contractor hereby accepts the 97 terms and conditions set forth in this Agreement.
98 99 2.02 Effective Date and Commencement Date.
100 The Effective Date of this Agreement shall be XX, 2024. 101
102 The Commencement Date shall be July 1, 2024, and shall be the date on which the 103 Contractor initiates provision of the Franchised Services required by this Agreement. 104
105 Between the Effective Date and the Commencement Date, Contractor shall perform all 106 activities necessary to prepare itself to start services required by this Agreement on the 107 Commencement Date.
108
109 2.03 Term.
110 The term of this Agreement shall commence at midnight July 1, 2024, and shall end at 111 midnight July 1, 2040, unless terminated as provided in Section 11.02. In addition, the 112 term of this Agreement may be extended for an additional three (3) years subject to the 113 following conditions:
114 A. Contractor shall receive a favorable rating by more than 85% of respondents to a 115 customer satisfaction survey performed in the seventh and fourteenth year of this 116 Agreement.
117 B. The Town shall be in compliance with CalRecycle and not under any penalty. 118 C. Liquidated damages as provided in Section 11.03 through the ninth year of the term 119 of this Agreement shall not exceed $30,000.
120
121
122
100
4 123 2.04 Conditions to the Effectiveness of Agreement. 124 The obligation of the Town to permit this Agreement to become effective and to 125 perform its undertakings provided for in this Agreement is subject to the satisfaction 126 of each and all of the conditions set out below, each of which may be waived in whole 127 or in part by the Town at its sole discretion.
128
129 A. Accuracy of Representations. Representations and warranties made by 130 Contractor throughout this Agreement are accurate, true and correct on and as of 131 the Effective Date of this Agreement. Any information submitted to the Town 132 supplementary thereto, on which the Town has relied in awarding this franchise to 133 Contractor and entering into this Agreement, does not contain any untrue 134 statement of a material fact nor omit to state a material fact necessary in order to 135 make the statements made, in light of the circumstances in which they were made, 136 nor is misleading.
137
138 B. Absence of Litigation. There is no litigation pending in any court challenging 139 the award of this Franchise to Contractor or the execution of this Agreement or 140 seeking to restrain or enjoin its performance.
141
142 C. Furnishing of Insurance and Bonds. Contractor has furnished evidence of the 143 insurance and performance bond required by Article 9. 144
145 D. Effectiveness of Town Council Action. The Town has the authority to enter 146 into and perform its obligations under this Agreement. The Town has taken all 147 actions required by law or otherwise to authorize the execution of this Agreement. 148 The Persons signing this Agreement on behalf of the Town have the authority to 149 do so. The Town’s Resolution No 2024- (Town) approving this 150 Agreement, adopted at the close of the public hearing after the required Prop 218 151 procedures, shall have become effective pursuant to California law on or before the 152 Effective Date.
153
154 In the event that any condition set forth in this Section 2.04 is not satisfied or 155 waived, by the Effective Date, by the Town, this Agreement shall be void and shall 156 have no further force or effect. The Town may waive the satisfaction of conditions 157 described in this Section 2.04, allow this Agreement to become effective, and 158 exercise its rights and remedies under this Agreement for Contractor’s failure to 159 deliver the bond and/or evidence of insurance. Each party is obligated to perform 160 in good faith the actions, if any, which this Agreement requires it to perform before 161 the Effective Date and to cooperate towards the satisfaction of the conditions set 162 forth above.
163
164 2.05 Scope of Franchise.
165 Subject to Section 2.06, the Franchise granted to Contractor shall be exclusive for all 166 Solid Waste, Recyclable Materials, and Organics generated in the Service Area, except 167 where otherwise precluded by Federal, State and local laws and regulations or where 101
5 168 other current programs provide for Collection and handling of Household Hazardous 169 Waste and/or electronic waste.
170
171 2.06 Limitations to Scope.
172 The Agreement for the Collection, transportation, processing, and /or Disposal of 173 Solid Waste, Recyclable Materials, and Organics granted to Contractor shall be 174 exclusive except as described in this Section 2.06. The award of this Agreement shall 175 not preclude the categories of Solid Waste, Recyclable Materials and Organics listed 176 below from being delivered to and/or Collected and transported by others. However, 177 nothing in this Agreement is intended to or shall be construed to excuse any Person 178 from obtaining any authorization from the Town which is otherwise required by law:
179
180 A. Solid Waste, Recyclable Materials and Organics, which are removed from any 181 Premises by the Waste Generator, and which are transported personally by the 182 Owner or Occupant of such Premises or by his or her full-time employees or a 183 contractor whose removal of the Solid Waste, Recyclable Materials and/or 184 Organics are incidental to the service being performed; 185
186 B. Collection and Processing of Recyclable Materials not specifically included in 187 the definition of Recyclables in Exhibit A;
188
189 C. Recyclable Materials and Organics which are Source Separated at any Premises 190 by the Waste Generator and donated to youth, civic, or charitable organizations; 191
192 D. Source Separated Recyclable Materials generated in the Service Area that are 193 placed in Containers, collected through a private arrangement with the Generator 194 and the Generator is compensated for the Recyclable Materials Collected; 195 provided, however, that the Owner or Occupant of such Premises shall be required 196 to subscribe to and pay for the basic level of service provided by Contractor. For 197 the purposes of this Agreement, Source Separated loads are loads that consist of 198 90% or more by weight or volume (whichever is greater) of Source Separated 199 Recyclable Materials or Organics. If Contractor can document that other recyclers 200 are servicing Collection Containers that contain less than 90% Source Separated 201 Recyclable Materials or Organics, it shall report the location and the name of the 202 recycler to the Town along with Contractor’s evidence of the violation of the 203 exclusiveness of this Agreement;
204
205 E. Containers delivered for Recycling under the California Beverage Container 206 Recycling Litter Reduction Act, California Public Resources Code Section 14500, et. 207 seq.;
208
209 F. Organics removed from Premises by gardening, landscaping, or tree-trimming 210 contractors as an incidental part of a total service offered by that contractor rather 211 than as a hauling service;
212
102
6 213 G. Construction Debris and Demolition Debris which is removed from any 214 Premise by employees of the construction or demolition contractor, using 215 equipment owned and registered to the contractor. The services are provided to 216 the particular premises on a temporary basis, not on a regular or on-going basis. 217
218 H. Solid Waste generated by public schools and other State institutions located 219 within the Service Area;
220
221 I. Animal waste and remains from slaughterhouse or butcher shops for use as 222 tallow;
223
224 J. By-products of sewage treatment, including sludge, sludge ash, grit and 225 screenings;
226
227 K. Abandoned cars that are removed from any Premises by a licensed towing 228 Contractor authorized to do so by the Town; and,
229
230 L. Hazardous Waste, including Household Hazardous Waste (HHW), and 231 Designated Waste regardless of its source.
232
233 M. Material removed pursuant to a nuisance abatement or court order. 234
235 N. Clean up services including removal of MSW from residential or commercial 236 Premises where all of the following conditions are met:
237
238 1. The person who transports the MSW for Disposal or Processing is the person 239 who actually enters on the customer’s premises and performs the clean-up 240 services, loads the MSW directly to the transportation vehicle, and removes 241 the MSW from the premises.
242 2. The MSW is not stored in a debris box, roll-off box, a container designed to 243 be emptied by a Collection Vehicle, or a container provided by the person 244 performing the services.
245 3. The services are provided to the particular premises on a temporary basis, 246 not on a regular or on-going basis.
247
248 O. Edible Food that is collected from a Generator by other Person(s), such as a 249 Person from a Food Recovery Organization or Food Recovery Service, for the 250 purposes of Food Recovery; or that is transported by the Generator to another 251 location(s), such as the location of the Food Recovery Organization, for the 252 purposes of Food Recovery, regardless of whether the Generator donates, sells, or 253 pays a fee to the other Person(s) to collect or receive the Edible Food from the 254 Generator.
255
256 P. Organic Waste that is composted or otherwise legally managed at the site where 257 it is generated or a Community Composting site.
103
7 258
259 Q. Any services not specifically identified in Section 2.05. 260
261 This grant to Contractor of an exclusive right and privilege to Collect, transport, 262 process and / or Dispose of Solid Waste, Recyclable Materials, and Organics shall 263 be interpreted to be consistent with State and Federal laws, now and during the 264 term of the Agreement, and the scope of this exclusive right shall be limited by 265 applicable state and federal laws with regard to the matters contained in this 266 Agreement. In the event that future court interpretations of current law or new 267 laws, regulations, interpretations or trends limit the ability of the Town to lawfully 268 provide for the scope of services as specifically set forth in this Agreement, 269 Contractor agrees that the scope of the Agreement shall be limited to those services 270 and materials which may be lawfully provided and that the Town shall not be 271 responsible for any lost profits or losses claimed by Contractor to arise out of 272 limitations of the scope of the Agreement. In such an event, it shall be the 273 responsibility of Contractor to minimize the financial impact to other services being 274 provided as much as possible.
275
276 2.07 Additional Services and Modifications to Service 277
278 A. General. The Town shall have the right to direct Contractor to perform 279 additional services (including new diversion programs, billing services, etc.) or to 280 modify the manner in which it performs existing services, including directing the 281 Contractor in the end use of Organics. Pilot programs and innovative services 282 which may entail adding additional Recyclable Materials to existing programs, 283 new Collection methods, targeted routing, different kinds of services and/or new 284 requirements for Waste Generators are included among the kinds of changes which 285 the Town may direct. Contractor shall be entitled to an adjustment in its 286 compensation in accordance with Article 6 for providing such additional or 287 modified services.
288
289 The Town may adopt an ordinance for Construction and Demolition Debris 290 Diversion during the term of this Agreement. It is expected the ordinances will 291 mandate a 50% Diversion Goal based upon the material being taken to a Certified 292 Processing Facility through a contract with the Generator. 293
294
295 B. New Diversion Programs. Contractor shall present, within 30 days of a request 296 to do so by the Town, a proposal to provide additional or expanded diversion 297 services. At a minimum, the proposal shall contain a complete description of the 298 following:
299
300 1. Collection methodology to be employed (equipment, manpower, etc.). 301
302 2. Equipment to be utilized (number and types of vehicles, capacity, age, etc.). 104
8 303
304 3. Labor requirements (number of employees by job classification). 305
306 4. Type of materials containers to be utilized.
307
308 5. Provision for program publicity/education/marketing. 309
310 6. Estimate of the tonnage to be diverted and the methodology for determining 311 that diverted tonnage.
312
313 7. Five-year projection of the financial results of the program's operations in a 314 balance sheet and operating statement format including documentation of 315 the key assumptions underlying the projections and the support for those 316 assumptions, giving full effect to the savings or costs to existing services. 317
318 C. Town’s Right to Permit Others to Provide Services. Contractor acknowledges 319 and agrees that the Town shall have the right to permit other Persons besides 320 Contractor to provide additional Solid Waste services not otherwise contemplated 321 under Section 2.05 and 2.06 of this Agreement if Contractor and the Town cannot 322 agree on terms and conditions of such services in one hundred twenty (120) days 323 from the date when the Town first request a proposal from Contractor to perform 324 such services.
325
326 2.08 Town’s Right to Direct / Ownership of Solid Waste. 327 Once Solid Waste, Recyclable Materials and/or Organics is placed in Containers and 328 properly placed at the Collection location, ownership and the right to possession shall 329 transfer directly from the Waste Generator to Contractor by operation of this 330 Agreement. Contractor is hereby granted the right to retain, recycle, process, Dispose 331 of, and otherwise use such Solid Waste, Recyclable Materials or Organics, or any part 332 thereof, in any lawful fashion or for any lawful purpose desired by Contractor. This 333 right shall be subject to: 1) Contractor's obligation to meet both the Town’s and AB 334 939’s diversion goals; and, 2) the Town’s right to direct Contractor to process Solid 335 Waste, Recyclable Materials or Organics at a particular licensed Facility or to Dispose 336 of Solid Waste, Recyclable Materials or Organics at a particular licensed Disposal Site, 337 if and only if the Town exercises such right by providing specific written direction to 338 Contractor. Subject to Article 6 and the other provisions of this Agreement, Contractor 339 shall have the right to retain any benefit resulting from its right to retain, recycle, 340 process, dispose of, or reuse the Solid Waste, Recyclable Materials or Organics, which 341 it Collects. Solid Waste, Recyclable Materials or Organics, or any part thereof, which 342 is disposed of at a Disposal Site, Transfer Station, Material Recovery Facility or other 343 Facilities shall become the property of the owner or operator of the Disposal Site(s) 344 once deposited at Facilities by Contractor. The Town may obtain ownership or 345 possession of Solid Waste, Recyclable Materials or Organics placed for Collection upon 346 written notice of its intent to do so; provided, however, nothing in this Agreement 105
9 347 shall be construed as giving rise to any inference that the Town has such ownership or 348 possession unless such written notice has been given to Contractor. 349
106
10 350 ARTICLE 3
351 FRANCHISE AND OTHER FEES
352
353 3.01 Franchise Fee Amount.
354 In consideration of the exclusive Franchise provided in Section 2.05 of this Agreement, 355 Contractor shall pay to the Town the Franchise Fee in accordance with the schedule on 356 Exhibit D. Payment shall be calculated as a percentage (%) of Gross Revenues 357 Collected (or another amount as provided in Section 3.05) by the Contractor from 358 services provided in the Service Area.
359
360 3.02 Intentionally Blank.
361
362
363 3.03 Other Fees.
364 The Town shall have the right to set Other Fees, as it deems necessary. Any such fees 365 shall be reflected in the rates that Contractor is allowed to charge and collect from 366 service recipients. The time and method of payment shall be set similar to Section 3.04 367 below.
368
369 3.04 Time and Method of Payment.
370 On or before the twentieth (20th) day after the end of each calendar quarter during the 371 Term of this Agreement, Contractor shall remit to the Town the Franchise Fees, Vehicle 372 Impact Fee, and Other Fees amount. Each quarterly remittance to the Town shall be 373 accompanied by a statement detailing the basis for the Franchise Fee, Vehicle Impact 374 Fee, and Other Fees calculation. If the Fees are not paid on or before the twentieth 375 (20th) day after any calendar quarter, Contractor shall pay to the Town a late payment 376 penalty in an amount equal to two percent (2%) of the amount owing for that quarter. 377 Contractor shall pay an additional two percent (2%) owing on any unpaid balance for 378 each following thirty (30) day period the fee remains unpaid. The late payment 379 penalty amounts are not intended as interest on debt, but rather are intended as a 380 predetermined penalty for failure to meet an obligation under this Agreement. 381
382 3.05 Adjustment to Fees.
383 The Town may adjust the amount of any fee annually. Such adjustment shall be 384 reflected in the rates that Contractor is allowed to charge and Collect from service 385 recipients.
386
387
107
11 388 ARTICLE 4
389 DIRECT SERVICES
390
391 4.01 General.
392 The work to be done by Contractor pursuant to this Agreement shall include, but not 393 be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, 394 and all other items necessary to perform the services required. The enumeration of, 395 and specification of requirements for, particular items of labor or equipment shall not 396 relieve Contractor of the duty to furnish all others, as may be required, whether or not 397 enumerated elsewhere in the Agreement.
398
399 The work to be done by Contractor pursuant to this Agreement shall be accomplished 400 in a thorough and professional manner so that the residents and businesses within the 401 Service Area are provided reliable, courteous and high-quality service at all times. The 402 enumeration of, and specification of requirements for, particular aspects of service 403 quality shall not relieve Contractor of the duty of accomplishing all other aspects in 404 the manner provided in this Article, whether or not such other aspects are enumerated 405 elsewhere in the Agreement .
406
407 4.02 Solid Waste Collection.
408
409 A. Single-Family Dwellings Collection. For single-family dwelling service, 410 Contractor shall Collect Solid Waste from the Contractor-provided Containers 411 placed for Collection by the Waste Generator at the Curbside or in an approved 412 other location, not less than once per week. Standard Collection service shall be 413 once per week Curbside Collection unless another method is approved by the 414 Town.
415
416
417 B. Commercial, Industrial, Institutional and Multi-Family Residential Complex 418 Collection. For commercial, industrial, institutional and multi-family residential 419 complex services, Contractor shall Collect Solid Waste from Contractor-provided 420 Containers not less than once per week. Special consideration shall be given when 421 determining the pick up area for Commercial, Industrial, Institutional, and/or 422 Multi-Family Residential Complex accounts to ensure that the flow of traffic is not 423 impeded and that it does not result in an aesthetic degradation of an area. The 424 designated pick-up area, if disputed by service recipient or Contractor, shall be 425 determined by the Town. Additionally, if in the Town’s opinion the location of an 426 existing pick up area is inappropriate, the Town may require the service recipient 427 or Contractor to relocate the pick up area.
428
429 C. Town Facilities' Collection. Contractor shall Collect, transport and Dispose of 430 all Solid Waste generated at public facilities according to the specified service levels 431 identified in Exhibit B. Contractor shall make Collections from Containers Monday 432 through Friday or on Saturdays following non-working holidays. Collections from 108
12 433 bins and debris boxes shall be scheduled at a time mutually agreed upon by 434 Contractor and the Town.
435
436 At no cost to Town, Contractor shall provide to the Town, at Town’s direction, 437 additional Collections services to the Town entailing:
438
439 1. Collection of Solid Waste and Recyclable Materials from all public sidewalk 440 litter or Recycling Containers;
441
442 2. Collection of Solid Waste, Recyclable Materials and Organics from Town’s 443 facilities and parks;
444
445 3. Collection of materials from Town related debris boxes as directed by the 446 Town except for related disposal fees;
447
448 4. Collection of Solid Waste, Recyclable Materials and Organics at a maximum 449 of four (4) annual Special Events (Johnny Appleseed Days, Gold Nugget 450 Days, Chocolate Festival and one to be determined) designated by the Town; 451 and,
452
453 5. Review of plans for land use or property developments with regard to Solid 454 Waste service issues.
455
456
457
458 D. Permanent Containers/Debris Box Service. Contractor shall provide 459 permanent /debris box Containers for the purpose of Collection of Solid Waste. 460 Contractor shall deliver to and Collect debris boxes from the location identified by 461 the service recipient. Containers shall be free of graffiti and in good repair. 462 Containers shall be clearly marked and identifiable as belonging to Contractor. 463 Special consideration shall be given when determining the pick up area for 464 temporary Containers to ensure that the flow of traffic is not impeded and that it 465 does not result in aesthetic degradation of an area. The designated pick up area, if 466 disputed by service recipient or Contractor, shall be determined by the Town. 467 Additionally, if in the Town’s opinion the location of an existing pick up area is 468 inappropriate, the Town may require the service recipient or Contractor to relocate 469 the pick up area.
470
471 4.03 Recyclable Materials Collection.
472
473 A. Commercial and Residential Recyclable Materials Collection. Contractor 474 shall Collect and remove all Recyclable Materials placed in Recycling Containers at 475 the designated Collection locations for Waste Generators at Single Family 476 Dwellings, Commercial, and Multi-Family Residential Complex. It is understood 477 that all Single-Family Residential Dwelling’s Recyclable Materials Collection 109
13 478 service shall be provided at Curbside. Contractor shall work with Commercial and 479 Residential service recipients to determine mutually acceptable Collection 480 locations to both parties in the event inaccessibility to collection service vehicles 481 exist.
482
483 Recyclable Materials Collection from Residential Waste Generators within the 484 Service Area shall be weekly or bi-weekly, as determined by the Town and 485 mutually agreed upon with an effective date by Contractor. Residential Recyclable 486 Materials Collection shall be on the same day of the week as Solid Waste Collection 487 service. The Collection day may change if prior written approval is received from 488 the Town. Contractor shall notify Recycling service recipients, as is done for regular 489 service, regarding holiday Collection schedules. At a minimum, Contractor shall 490 collect: aluminum cans, glass bottles and jars, metal cans and narrow neck plastic 491 containers (plastic 1 & 7), and newspaper, mixed paper (including but not limited 492 to magazines, junk mail, brown paper bags, and white and colored paper), and 493 corrugated cardboard. The Town reserves the right per Section 2.07 to direct 494 Contractor to add to the list of materials to be collected and described above and to 495 perform additional Residential Recycling services.
496
497 B. Commercial Recyclable Materials Collection. Contractor shall Collect 498 Recyclable Materials from Commercial Premises as scheduled by Customer in a 499 Contractor-provided Container at no additional cost in accordance with Public 500 Resources Code Chapter 12.9 commencing with 42649.8 and Chapter 12.8 501 commencing with Section 42649. Contractor shall actively and regularly promote 502 this program to ensure that all potential service recipients are aware of this service 503 and shall offer reasonable assistance to help such potential service recipients 504 participate. Collection shall be performed at a time mutually agreed upon by 505 Contractor and the Waste Generator or Owner of the property. The Town reserves 506 the right per Section 2.07 to direct Contractor to add to the list of materials to be 507 collected as part of this program.
508
509 4.04 Organics SB1383 Program.
510
511 A. Organics Collection. Contractor shall Collect Organics from Residential and 512 Commercial Waste Generators within the Town’s Service Area weekly as 513 determined by the Town in Exhibit H and mutually agreed upon with an effective 514 date by both the Town and Contractor. Organics Collection shall be on the same 515 day as the Collection of Solid Waste. The Collection day may change if prior written 516 approval is received from the Town. Contractor will notify service recipients at 517 least two (2) weeks in advance of any scheduled Organics and Recycling Collection 518 day change(s), including those required due to route changes and holidays such as 519 Labor Day, Thanksgiving, Christmas, and New Year’s Day. 520
521 All Organics must fit safely within a standard Organics Container provided by 522 Contractor. As part of its educational activities specified in Section 5.04, Contractor 110
14 523 shall instruct residents as to any necessary preparation of Organics, such as the 524 cutting of large items, and the appropriate use and placement of Organics 525 Containers.
526
527 B. End Uses for Organics. Contractor agrees to develop, implement, operate, and 528 participate (locally and regionally) in mulching, composting, land application, 529 alternative daily cover, or other programs necessary to achieve the Town’s 530 Organics diversion requirements. In accordance with Section 2.07.A, the Town 531 reserves the right to direct Contractor in the end use of Organics. 532
533 Contractor shall provide end uses for Organics that maximize diversion credits 534 according to regulations established by CalRecycle. Also, Contractor shall make 535 end products (compost or mulch) available to Town residents at a cost to residents 536 to be determined by the Town and the cost of providing these products shall be an 537 allowable operating expense. In addition to these uses of Organics, Contractor 538 agrees to be aggressive in the pursuit of new cost-effective opportunities to divert 539 Organics from Disposal and to maximize the distribution of Organics among 540 approved diversion methods.
541
542 4.05 Materials Processing Operations.
543
544 A. Construction/Demolition Debris Diversion Program. Contractor shall identify 545 and direct loads of Construction Debris and/or Demolition Debris and other 546 selected debris box Containers containing recoverable materials to a 547 Construction/Demolition Debris processing operation. The Construction Debris / 548 Demolition Debris processing operation Contractor has designated shall be the C 549 & D Facility owned by Northern Recycling in Yolo or Napa Counties, or as directed 550 by Town. In accordance with Section 2.08, the Town reserves the right to direct 551 Contractor to process Solid Waste, Recyclable Materials and/or Organics at a 552 particular licensed Facility. Contractor agrees to process such loads for purposes of 553 recovering Recyclable Materials. Contractor shall also provide the Town with an 554 accounting of the total tons processed and recovered as part of its 555 Construction/Demolition Debris processing operation as part of its annual 556 reporting requirements. Any and all compensation due the Contractor for this 557 service is provided for in the Solid Waste Collection Rate Schedule (Exhibit F). 558
559 B. Material Recovery Facility Processing Capacity. Contractor shall identify and 560 direct targeted loads of Solid Waste and Recyclable Materials from within the 561 Service Area to a Material Recovery Facility processing operation. The Material 562 Recovery Facility Contractor has designated shall be the City of Napa MDF owned 563 by the city of Napa. In accordance with Section 2.08, the Town reserves the right to 564 direct Contractor to process Solid Waste, Recyclable Materials and/or Organics at 565 a particular licensed Facility. Contractor agrees to process such loads for purposes 566 of recovering Recyclable Materials. Contractor shall also provide the Town with 567 an accounting of the total tons processed and recovered as part of its Material 111
15 568 Recovery Facility processing operation as part of its annual reporting 569 requirements. Any and all compensation due the Contractor for this service is 570 provided for in the Solid Waste Collection Rate Schedule (Exhibit F). 571
572 4.06 Collection Locations.
573 It is understood that all Solid Waste, Recyclable Materials and Organics Collection 574 services shall be provided at Curbside, with the following exceptions:
575
576 A. On-property collection of Solid Waste, Residential Recyclable Materials, and 577 Organics shall be provided by Contractor to residents who are physically unable 578 to place the cart Curbside. Resident shall present to Contractor a medical waiver 579 from a physician. Such medical waiver shall be updated annually and the 580 Contractor will send a notice to the customer reminding them to get a new waiver. 581 Information about this option shall be provided by the Contractor upon request. 582 Contractor will notify all residents annually, beginning within thirty (30) days of 583 effectiveness of this Agreement, of this Collection option and submit, for approval, 584 a draft notification to the Town prior to distribution to service recipients. New 585 service recipients shall be notified of this option upon requesting service. 586
587 B. Residents of Multi-Family Residential Complexes of two (2) to four (4) units 588 will use the same Collection Containers as residents of Single Family Dwellings. 589 Contractor shall Collect these Containers at Curbside. Residents of Multi-Family 590 Residential Complexes of five (5) or more units may also use the same Containers 591 as residents of Single Family Dwellings or may be provided with larger Containers 592 such as bins, which shall be Collected in a central location reasonably accessible by 593 Collection vehicles.
594
595 4.07 Failure to Collect.
596
597 A. Solid Waste. When Solid Waste is not Collected by Contractor from any service 598 recipient, Contractor shall notify its service recipient in writing, at the time 599 Collection is not made, through the use of a “tag” or otherwise, of the reasons why 600 the Collection was not made.
601
602 B. Recyclable Materials or Organics. Contractor may choose not to Collect 603 Recyclable Materials or Organics that contain ten percent (10%) by volume or 604 greater of Solid Waste, subject to Contractor’s best efforts to educate the public. 605 Upon identification of Prohibited Container Contaminants in a Customer’s 606 Container Contractor shall place a written notice on each contaminated container 607 or gate or door of the Premises; and send Customers a letter stating date and nature 608 of Contamination and shall include a copy of the picture(s). The notice and letter 609 shall be pre-approved by the Town. Notices and letters shall also include actions 610 that may be taken by Customers to correct the identified problem and a telephone 611 number to contact to arrange for Collection. Contractor shall Collect within twenty112 16 612 four (24) hours, once the reason or reasons for initial non-Collection are cured. 613 Contractor shall provide a quarterly list of accounts receiving a Contamination 614 notice to the Town for follow-up. Contractor shall charge for three or more 615 Contamination incidents after Customer receives two written warnings for 616 Contamination within one calendar year at a Contamination Processing Fee 617 established by the Town.
618
619 4.08 Marketing of Recyclable Materials and Organics. 620 Contractor shall be responsible for delivering Recyclable Materials and Organics 621 Collected pursuant to this Agreement to the Facilities for processing, marketing, sale, 622 donation, or reuse of all such materials.
623
624 Contractor shall prepare, submit to the Town for approval, and maintain a marketing 625 plan for all Recyclable Materials and Organics Collected by Contractor under this 626 Agreement. The approved marketing plan for Recyclable Materials and Organics 627 service shall be in place with the execution of this Agreement and at the time of 628 beginning any expanded service. The marketing plan shall fully describe Contractor’s 629 marketing methods and approach, targeted primary and contingent markets, pricing 630 policy, and assumed salvage value or cost for each Collected type of Recyclable 631 Materials and Organics.
632
633 4.09 Cleanups
634 A. Annual Cleanups. The Town elects to have Contractor provide two non-MSW 635 community-wide pre-scheduled cleanups per year during periods mutually 636 established by Contractor and the Town.
637
638 B. Household Hazardous Waste, E-Waste, Oil, Universal Waste and Paint 639 Collection. Contractor shall provide a Household Hazardous Waste facility within 640 the Town to serve special events or set schedule once subscriptions reach Pre641 November 2018 levels. Such a facility shall serve as a drop off site for E-Waste and 642 Universal Waste and a Recycle center. The facility operating hours may be limited 643 subject to the prior approval of the Town.
644
645 4.10 Operations.
646
647 A. Schedules. Except as provided in Paradise Municipal Code Section 9.18.250, 648 residential Solid Waste, Residential Recyclable Materials and Organics shall be 649 collected on weekdays between 6:00 AM and 6:00 PM. To preserve peace and quiet, 650 no Solid Waste, Recyclable Materials, or Organics shall be Collected from or within 651 two hundred (200) feet of Residential Premises between 6:00 P.M. and 6:00 A.M. on 652 any day. Collection of Solid Waste and Recyclables from Commercial, industrial 653 and institutional properties shall be scheduled subject to the prior approval of the 654 Town.
655
113
17 656 Contractor shall review its operations plan outlining the Collection routes, 657 intervals of Collection and Collection times for all materials Collected under this 658 Agreement with the Town or its representatives at least annually. The Town may 659 require more frequent reviews if Contractor’s operations are not satisfactorily 660 performed based on documented observations or reports or Complaints. If the 661 plan is determined to be inadequate by the Town, Contractor shall revise the plan 662 incorporating any changes into a revised plan and review the revised plan with the 663 Town within thirty (30) calendar days.
664
665 When notified of a missed pick-up, Contractor shall Collect the Solid Waste, 666 Recyclable Materials or Organics on the same day, if possible, but in no case more 667 than one (1) working day (24 hours) after receipt of notice. 668
669 B. Vehicles.
670
671 1. Specifications. All vehicles used by Contractor in providing Solid Waste, 672 Recyclable Materials and Organics Collection services shall be registered 673 with the California Department of Motor Vehicles. All such vehicles shall 674 have bodies designed to prevent leakage, spillage and/or overflow. 675
676 2. Vehicle Identification. Contractor's name, local telephone number, and 677 a unique vehicle identification number designed by Contractor for each 678 vehicle shall be prominently displayed on all vehicles, in letters and 679 numbers no less than two and one-half (2 1/2) inches high. Contractor shall 680 not place Town’s name or Town’s logo on Contractor vehicles. Vehicles 681 used solely for the Collection of Recyclable Materials and Organics shall be 682 labeled to indicate those are the Collected materials. 683
684 3. Cleaning and Maintenance.
685
686 a. Contractor shall maintain all of its properties, vehicles, facilities, and 687 equipment used in providing service under this Agreement in a good, 688 safe, neat, clean and operable condition at all times. 689
690 b. Vehicles used in the Collection of Solid Waste, Recyclable Materials and 691 Organics shall be painted, thoroughly washed, and thoroughly steam 692 cleaned on a regular basis so as to present a clean appearance. The 693 Town may inspect vehicles at any time to determine compliance with 694 this Agreement. Contractor shall also make vehicles available to the 695 Butte County Environmental Health Department for inspection, at any 696 frequency it requests.
697
698 c. Contractor shall repaint or refurbish to the reasonable satisfaction of the 699 Town all vehicles used in the Collection of Solid Waste, Recyclable 114
18 700 Materials and Organics within thirty (30) days' notice from the Town, if 701 the Town determines that their appearance warrants painting. 702
703 d. Contractor shall inspect each vehicle daily to ensure that all equipment 704 is operating properly. Vehicles that are not operating properly shall be 705 removed from service and repaired. Contractor shall perform all 706 scheduled maintenance functions in accordance with the 707 manufacturer's specifications and schedule. Contractor shall keep 708 accurate records of all vehicle maintenance, recorded according to date 709 and mileage and shall make such records available to the Town upon 710 request.
711
712 e. Contractor shall repair, or arrange for the repair of, all of its vehicles and 713 equipment for which repairs are needed because of accident, 714 breakdown or any other cause so as to maintain all equipment in a safe 715 and operable condition. Contractor shall maintain accurate records of 716 repair, which shall include the date and mileage, nature of repair and 717 the verification by signature of a maintenance supervisor that the repair 718 has been properly performed.
719
720 f. Contractor shall furnish sufficient equipment to provide all service 721 required under this Agreement, including back-up Collection vehicles. 722 Contractor shall furnish within thirty (30) days of request to the Town, 723 a written inventory of all equipment, including Collection vehicles, 724 used in providing service, and shall update the inventory annually. The 725 inventory shall list all equipment by manufacturer, ID number, and date 726 of acquisition, type, and capacity.
727
728 g. Contractor shall arrange to store all vehicles and other equipment in 729 safe and secure location(s) in accordance with all applicable zoning 730 regulations.
731
732 4. Operation. Vehicles shall be operated in compliance with Federal, State and 733 local laws and regulations, including but not limited to the California 734 Vehicle Code, and all applicable safety laws and local ordinances. 735 Contractor shall not load vehicles in excess of the manufacturer's recommen736 dations or limitations imposed by state or local weight restrictions on 737 vehicles.
738
739 Contractor equipment used for Solid Waste, Recyclable Materials, and 740 Organics services shall comply with the Town’s ordinances or US EPA noise 741 emission regulations, currently codified at 40 CFR Part 205 and other 742 applicable noise control regulations, and shall incorporate noise control 743 features throughout the entire vehicle. Noise and pollution emission levels 744 of equipment used for Collection shall comply with the Town’s ordinance. 115
19 745
746 4.11 Containers.
747
748 A. Single Family Dwelling Solid Waste Containers. At no additional cost, 749 Contractor shall offer wheeled carts to all Single Family Dwelling service recipients 750 in sizes compatible with the Town’s variable can rate (35-, 65-, 95-gallons, or as 751 other sizes approved by Town.).
752
753 All Contractor-provided wheeled carts shall be constructed of heavy gauge plastic 754 with wheels and attached lids in sizes of 35-, 65-, and 95-gallons, or other sizes 755 approved by the Town. Contractor shall maintain all Contractor-provided 756 Containers in good repair.
757
758 B. Commercial, Industrial, Institutional and Multi-Family Residential Complex 759 Solid Waste Containers. Contractor shall offer wheeled 35-, 65-, and 95-gallon carts 760 (or other sizes approved by the Town) to all Commercial, Industrial and 761 Institutional Service Recipients and Multi-Family Residential Complex service 762 recipients receiving service of less than (1) cubic yard per week. 763
764 Contractor shall furnish Commercial, Industrial and Institutional Service 765 Recipients and Multi-Family Residential Complex service recipients receiving one 766 (1) cubic yard service or more with appropriate Containers to Collect Solid Waste 767 upon service recipient request. Containers with a capacity of one cubic yard or 768 more shall be available in standard sizes. The kind, size and number of Containers 769 furnished to particular service recipients shall be as determined mutually by the 770 service recipient and Contractor. All Containers with a capacity of one cubic yard 771 or more shall meet applicable regulations for Solid Waste bin safety and shall have 772 reflectorized markings. All Containers shall be maintained in good repair with 773 neatly and uniformly painted surfaces and shall prominently display the name and 774 telephone number of Contractor and the types of material accepted. 775
776 C. Residential Recyclable Materials and Organics Containers. Residential 777 service recipients shall place their Recyclable Materials in the Contractor-provided 778 Recycling Containers for collection by Contractor. Extra Containers shall be 779 provided to service recipients upon request.
780
781 Residents shall place their Organics in Contractor-provided 95- gallon Containers 782 for Collection by Contractor. Residence may request additional Containers with 783 additional fee per approved Collection Rates.
784
785 D. Commercial Recyclable Materials and Organics Containers. Contractor shall 786 furnish Commercial, Industrial and Institutional service recipients Containers for 787 the Collection of Recyclable Materials and Organics of a size appropriate to the 788 particular service recipient’s needs and availability of space. Multiple sizes shall 789 be made available by Contractor.
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20 790
791 E. Delivery. Appropriate Containers of a size requested by the service recipient as 792 described in this Section 4.11 shall be delivered to new service recipients, upon 793 request, within five (5) business days of the service recipient’s request for service. 794 Contractor shall notify the Town if it fails to deliver Containers within five (5) 795 business days.
796
797 F. Container Replacement. The Town and Contractor acknowledge that from 798 time to time Contractor-provided Containers may be stolen or damaged. When 799 notified of such occurrence, Contractor shall replace the stolen or damaged 800 Container(s), at no charge to the service recipient, not more than one (1) time within 801 any twelve (12) month period. If the service recipient requests more than one (1) 802 replacement set of Containers per twelve (12) month period, the Contractor shall 803 make Containers available for purchase by the service recipient at a price not to 804 exceed the cost to Contractor of purchasing the Containers. 805
806 4.12 Litter Abatement.
807
808 A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste 809 fluids from leaking being spilled and/or scattered during the Collection or 810 transportation process. If any material or fluids leak or are spilled during 811 Collection, Contractor shall promptly clean up all such materials. Each Collection 812 vehicle shall carry absorbent material, a broom and shovel at all times for this 813 purpose.
814
815 Contractor shall not transfer loads from one vehicle to another on any public street, 816 unless it is necessary to do so because of mechanical failure, accidental damage to 817 a vehicle, or a pre-approved method of Solid Waste transfer between vehicles, 818 without prior written approval by the Town.
819
820 B. Clean Up. During the Collection or transportation process, Contractor shall 821 clean up litter in the immediate vicinity of any storage area (including the areas 822 where Collection bins and debris boxes are delivered for Collection) whether or not 823 Contractor has caused the litter. Contractor shall discuss instances of repeated 824 spillage not caused by it directly with the Waste Generator responsible and will 825 report such instances to the Town. The Town will attempt to rectify such situations 826 with the Waste Generator if Contractor has already attempted to do so without 827 success.
828
829 C. Covering of Loads. Contractor shall properly cover all open debris boxes 830 during transport to the Disposal or Processing Site. 831
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21 832 4.13 Personnel.
833 Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, 834 management and other personnel as may be necessary to provide the services required 835 by this Agreement in a satisfactory, safe, economical and efficient manner in 836 accordance with all applicable Federal, State and local laws and regulations. If 837 additional personnel are required to meet the service standards of this Agreement, 838 Contractor shall provide such additional personnel if approved in advance by the 839 Town. All drivers shall be trained and qualified in the operation of vehicles they 840 operate and must possess a valid license, of the appropriate class, issued by the 841 California Department of Motor Vehicles and participate in periodic driver safety 842 trainings.
843
844 Contractor also agrees to establish and vigorously enforce an educational program 845 which will train Contractor's employees in the identification of Hazardous Waste. 846 Contractor's employees shall not knowingly place such Hazardous Waste in the 847 Collection vehicles, nor knowingly dispose of such Hazardous Wastes at the 848 Processing Facility or Disposal Site.
849
850 Contractor shall train its employees in courtesy, shall prohibit the use of loud or 851 profane language, and shall instruct Collection crews to perform the work quietly. 852 Contractor shall use its best efforts to assure that all employees present a neat 853 appearance and conduct themselves in a courteous manner. If any employee is found 854 to be discourteous or not to be performing services in the manner required by this 855 Agreement, Contractor shall take all necessary corrective measures including, but not 856 limited to, transfer, discipline or termination. If the Town has notified Contractor of a 857 Complaint related to discourteous or improper behavior, Contractor will consider 858 reassigning the employee to duties not entailing contact with the public while 859 Contractor is pursuing its investigation and corrective action process. Contractor shall 860 provide suitable operations, health and safety training for all of its employees who use 861 or operate equipment or who are otherwise directly involved in Collection or other 862 related operations.
863
864 Applicants, for employment with Contractor, shall be subject to the following 865 criteria:
866 a. Applicants shall be fit for duty
867 b. Applicants shall pass Contractor’s drug tests
868 c. Applicant’s driving records obtained from DMV shall meet Contractor’s 869 requirements (drivers).
870 Contractor shall also provide comparable salary and benefits to such employees with 871 pre-existing medical conditions.
872
873
874
875
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22 876 4.14 Identification Required.
877 Contractor shall provide its employees and subcontractors with identification for all 878 individuals who may make personal contact with residents or businesses in the Service 879 Area. The Town may require Contractor to notify service recipients yearly of the form 880 of said identification. Contractor shall provide a list of current employees, and 881 subcontractors to the Town upon request.
882
883 4.15 Fees and Gratuities.
884 Contractor shall not, nor shall it permit any agent, employee, or subcontractors 885 employed by it, to request, solicit, demand, or accept, either directly or indirectly, any 886 compensation or gratuity for services or the Collection, transportation, Recycling, 887 Processing, and /or Disposal of Solid Waste, Recyclable Materials and Organics, 888 otherwise required under this Agreement.
889
890 4.16 Non-Discrimination.
891 Contractor shall not discriminate in the provision of service or the employment of 892 Persons engaged in performance of this Agreement on account of race, color, religion, 893 sex, age, sexual orientation, physical or mental disability or medical condition in 894 violation of any applicable Federal or State law.
895
896 4.17 Change in Collection Schedule.
897 Contractor shall notify the Town thirty (30) days prior to, and Residential service 898 recipients not later than fourteen (14) days prior to, any change in Residential 899 Collection operations which results in a change in the day on which Solid Waste, 900 Recyclable Materials, and Organics Collection occurs. Contractor shall not permit any 901 service recipient to go more than seven (7) days without service in connection with a 902 Collection schedule change.
903
904 4.18 Report of Accumulation of Solid Waste; Unauthorized Dumping. 905 Contractor shall direct its drivers to note (1) the addresses of any service recipients at 906 which they observe that Solid Waste is accumulating and is not being delivered for 907 Collection; and (2) the address, or other location description, at which Solid Waste has 908 been dumped in an apparently unauthorized manner. Contractor shall deliver the 909 address or description to the Town within five (5) working days of such observation. 910
911 4.19 Contingency Plan.
912 Contractor shall submit to the Town on or before the Effective Date of the Agreement, 913 a written contingency plan demonstrating Contractor's arrangements to provide 914 vehicles and personnel and to maintain uninterrupted service during breakdowns, 915 and in case of natural disaster or other emergency, including the events described in 916 Section 11.04.
917
119
23 918 4. 20 Collection Routes.
919 Routes over which Contractor’s vehicles travel to effect the Collection and transport of 920 Solid Waste, Recyclable Materials and Organics shall be selected to minimize damage 921 to Service Area and private streets, inconvenience and disturbance to the public and 922 shall be subject to the approval of the Town. Contractor shall use due care to obey all 923 traffic laws and prevent materials being transported from being spilled or scattered 924 during transport. If any materials are spilled within the Service Area, Contractor shall 925 immediately clean up all spilled materials, whether on private or public property. 926
927 4.21 Transportation of Solid Waste.
928 Contractor shall transport and deliver all Solid Waste to the Neal Road Landfill. 929
930 4.22 Transportation of Recyclable Materials and Organics. 931 Contractor shall Collect, transport and deliver (or arrange for the transportation and 932 delivery of) all Recyclable Materials and Organics to a purchaser, a licensed Material 933 Recovery Facility, licensed Processing Facility, or a Person who will use the materials 934 in a process or product and will not dispose of them in a landfill. The Processing 935 Facility Contractor has designated shall be the City of Napa MDF in Napa Ca, owned 936 by the City of Napa or Northern Recycling Organics and C&D processing at Yolo 937 County facility. In accordance with Section 2.08, the Town reserves the right to direct 938 the Contractor to process Recyclable Materials and/or Organics at a particular licensed 939 Facility.
940
941 4.23 Processing of Solid Waste.
942 The Town, upon prior written notice to Contractor, reserves the right, prior to 943 Disposal, to direct portions of the Solid Waste stream Collected under this Agreement 944 to a Material Recovery Facility or Processing Facility for separation, reuse, and 945 Recycling of any Recyclable Materials or Organics contained therein. The Contractor 946 agrees to assist the Town by identifying loads suitable for processing in the Material 947 Recovery Facility. The Material Recovery Facility Contractor has designated shall be 948 the City of Napa MDF owned by the City of Napa or Northern Recycling Organics and 949 C&D processing at Yolo County facility. In accordance with Section 2.08, the Town 950 reserves the right to direct the Contractor to process Solid Waste, Recyclable Materials 951 and/or Organics at a particular licensed Facility.
952
953 4.24 Disposition of Solid Waste.
954 Contractor shall Dispose of all Solid Waste, Collected under this Agreement, at the 955 designated Disposal Site. The Disposal Site Contractor as designated shall be the Neal 956 Road Landfill owned by Butte County. In accordance with Section 2.08 the Town 957 reserves the right to direct Contractor to Dispose Solid Waste at another particular 958 licensed Disposal Site.
959
960 4.25 Service Exceptions; Hazardous Waste Notifications. 961
120
24 962 A. Hazardous Waste Inspection and Reporting. Contractor reserves the right and 963 has the duty under law to inspect Solid Waste, Recyclable Materials and Organics 964 put out for Collection and to reject Solid Waste, Recyclable Materials and Organics 965 observed to be contaminated with Hazardous Waste and the right not to Collect 966 Hazardous Waste put out with Solid Waste, Recyclable Materials and Organics. 967 Contractor shall notify all applicable agencies, if appropriate, including the 968 California Department of Toxic Substances Control and local emergency response 969 providers and the National Response Center of reportable quantities of Hazardous 970 Waste, found or observed in Solid Waste, Recyclable Materials and Organics 971 anywhere within the Service Area. In addition to other required notifications, if 972 Contractor observes any substances which it or its employees reasonably believe 973 or suspect to contain Hazardous Wastes unlawfully Disposed of or released on any 974 of the Town’s property, including storm drains, streets or other public rights of 975 way, Contractor shall immediately notify the Town.
976
977 B. Hazardous Waste Diversion Records. Contractor shall maintain records 978 showing the types and quantities, if any, of Hazardous Waste found in Solid Waste, 979 Recyclable Materials and Organics and which was inadvertently Collected from 980 service recipients within the Service Area but diverted from landfilling. 981
982
983
121
25 984 ARTICLE 5
985 OTHER SERVICES
986
987
988 5.01 Local Office and Truck Yard.
989 Contractor shall operate its local/regional office within the Town limits. Office hours 990 shall be, at a minimum, from 8:00 A.M. to 4:00 P.M., Monday through Friday, 991 exclusive of holidays. Responsible and qualified representatives (customer service 992 representatives, office manager, etc) of Contractor shall be available during office 993 hours for communication with the public at the local office. Normal office hour 994 telephone numbers shall be a local call directed to the local office. Contractor's 995 telephone system shall be adequate to handle the volume of calls typically experienced 996 on the busiest days. Contractor shall also maintain a local or toll free telephone 997 number for use during other than normal business hours. Contractor shall have a 998 representative, answering or message providing/receiving (voice-mail) service 999 available at said after-hours telephone number. Contractor’s telephone system shall 1000 be able to track customer hold times and the number of calls received on a daily basis 1001 by each customer service representative.
1002
1003 Contractor shall locate its truck yard for purposes of parking and maintenance within 1004 the Town limits or shall obtain approval from the Town to locate the truck yard outside 1005 the Town limits. The Town’s approval shall not be reasonably withheld. 1006
1007 Contractor shall locate E-waste and Recycle Center as well as its customer service and 1008 office within the Town limits.
1009
1010 5.02 Service Notice and Service Recipient Billing
1011
1012 A. Service Notice. Contractor shall periodically prepare and distribute, a notice to 1013 each service recipient entitled or mandated to receive service under this Agreement 1014 listing Contractor's standard service rates, rates for other services, annual holiday 1015 schedule, and a general summary of services required under this Agreement to be 1016 provided service recipients. Such notice shall be in form subject to the Town’s 1017 approval prior to its distribution and may be included with Billings made by 1018 Contractor.
1019
1020 B. Billing. Contractor shall prepare, mail and collect bills (or shall issue written 1021 receipts for cash payments) from persons receiving Collection, Disposal, and 1022 Processing services. Billing shall be performed quarterly for each Residential 1023 account. Bills shall be mailed in advance of the provision of service but no more 1024 than one (1) month in advance. The Town shall have the right to revise the billing 1025 format (size, font, frequency, etc.) and to itemize certain charges and to review the 1026 Billing procedures. The Town may also direct Contractor to insert mailers relating 1027 to service with the Billings. The mailers must fit in standard envelopes and not 122
26 1028 increase the required postage. Contractor also agrees to insert with the Billings, at 1029 the Town’s' expense for the incremental cost, mailers describing activities of the 1030 Town. The Town will provide not less than thirty (30) days notice to Contractor 1031 prior to the mailing date of any proposed mailing to permit Contractor to make 1032 appropriate arrangements for inclusion of the Town’s materials. The Town will 1033 provide Contractor the mailers at least thirty (30) days prior to the mailing date. 1034 All Contractor generated mailers must be approved in advance by the Town with 1035 the exception of Contractor’s quarterly newsletter. 1036
1037 Contractor shall maintain, for inspection by the Town, copies of said Billings and 1038 receipts, in chronological order, for a period of three (3) years after the date of 1039 service. Contractor may, at its option, maintain those records in computer form, 1040 on microfiche, or in any other manner, provided that the records can be preserved 1041 and retrieved for inspection and verification in a timely manner. 1042
1043 The Town shall establish, through execution of this Agreement, the initial rates for 1044 the types of service provided as shown in Exhibit F. Contractor shall bill and Collect 1045 at those rates. Service recipients will be considered delinquent sixty (60) days after 1046 start of the quarter in which the services are provided. Contractor may discontinue 1047 service to any account, if payment is not received by Contractor within thirty (30) 1048 days after the end of the quarter in which the bill was issued. Contractor must 1049 provide all accounts with written notice of its intent to discontinue service at least 1050 thirty (30) days prior to such discontinuance.
1051
1052 Contractor agrees to offer residential customers a Service Suspension for a 1053 minimum of four weeks up to six months. Contractor may establish a minimum 1054 charge subject to the approval of the Town. Each Single Family Dwelling shall be 1055 allowed two Service Suspensions per calendar year for a maximum of six months. 1056
1057 C. Contractor as Billing Agent. Contractor shall act as Billing agent on behalf of 1058 the Town. Revenues collected on behalf of the Town shall be handled as described 1059 in Article 3 of this Agreement.
1060
1061 D. Review of Billings. Contractor shall review its Billings to service recipients 1062 under Section 5.02.B. The purpose of the review is to determine that the amount 1063 which Contractor is billing each service recipient is correct in terms of the level of 1064 service (i.e., frequency of Collection, size of container, location of container) being 1065 provided to such service recipient by Contractor. Contractor shall review service 1066 recipient accounts not less than every other year, unless the Town shall direct 1067 Contractor to do so annually, and submit to the Town a written report of that 1068 review annually on the anniversary of the effective day of this Agreement. The 1069 intent of this Section 502.D is for the Town to receive reports on an annual basis 1070 which will cover the entire list of service recipients every other year. The scope of 1071 the review and the reviewer's work plan shall be submitted to the Town for 1072 approval no later than six (6) months before the submission of the first report. 123
27 1073
1074 5.03 Service Recipient Complaint Resolution.
1075
1076 A. Complaint Documentation. All service Complaints shall be directed to 1077 Contractor. Daily logs of Complaints concerning Collection of Solid Waste, 1078 Recyclable Materials, and Organics shall be retained for a minimum of thirty-six 1079 (36) months and shall be available to the Town at all times upon twenty-four (24) 1080 hour notice.
1081
1082 Contractor shall log all Complaints received by telephone and said log shall include 1083 the date and time the Complaint was received, name, address and telephone 1084 number of caller, description of Complaint, employee recording Complaint and the 1085 action taken by Contractor to respond to and remedy Complaint. 1086
1087 All Complaints and inquiries shall be date-stamped when received and shall be 1088 initially responded to within one (1) business day of receipt. Contractor shall log 1089 action taken by Contractor to respond to and remedy the Complaint. 1090
1091 All service records and logs kept by Contractor shall be made available to the Town 1092 upon request and at no cost to the Town. The Town shall, at any time during 1093 regular Contractor business hours, have access to Contractor's Facilities, records 1094 and personnel for purposes that may include monitoring the quality of service or 1095 researching Complaints.
1096
1097 B. Resolution of Complaints.
1098
1099 1. Scope. The provisions of this Section 5.03.B.1 shall govern the procedure for 1100 reviewing Complaints. The provisions of this Section are not exclusive, are 1101 cumulative, and are in addition to any and all other remedies which may 1102 accrue to the Town as a result of Contractor’s performance or failure to 1103 perform its duties and obligations, express or implied, hereunder, or 1104 otherwise as a result of Contractor’s actions in violation of this Agreement. 1105
1106 Nothing in this Section 5.03.B is intended to affect the remedies of third 1107 parties against Contractor; nor will the imposition of service recipient 1108 charges prevent the imposition of liquidated damages by the Town 1109 pursuant to Section 11.03.
1110
1111 2. Town Manager’s Review. All Complaints received or initiated by the Town 1112 shall be reviewed by the Town Manager who shall provide copies thereof to 1113 Contractor. The Town Manager shall review each Complaint to determine 1114 whether the Complaint can be resolved informally, or whether the formal 1115 action hereunder is warranted. If the Town Manager determines that formal 1116 action is warranted, he or she shall give written notice to Contractor and all 124
28 1117 interested parties of a hearing to be held by the Town Manager on each such 1118 Complaint not less than ten (10) days from the date of said notice. 1119
1120 At the Town Manager’s hearing on the Complaint, Contractor may present 1121 its response thereto, including, but not necessarily limited to, a written 1122 response including supporting documents. Within ten (10) days following 1123 the hearing, the Town Manager shall make a determination upon the 1124 Complaint. The hearing conducted by the Town Manager shall be informal, 1125 and rules of evidence shall not apply, but the Town Manager may hear and 1126 consider such relevant statements, documents, or other materials as he or 1127 she shall determine appropriate under the circumstances. 1128
1129 If the Town Manager determines that Contractor has violated, or is in 1130 continuing violation of, its duties and obligations under this Agreement, or 1131 otherwise in violation of any of the provisions hereof, the Town Manager 1132 may issue a Compliance Order to Contractor. In all cases in which the Town 1133 Manager determines that the appropriate remedy should be termination or 1134 payment of compensatory damages, the Complaint shall be heard by the 1135 Town Council. If the Town Manager orders that the Complaint shall be 1136 heard by the Town Council, he or she shall prepare a written report to the 1137 Town Council which shall state his or her findings, the basis therefore, and 1138 a recommended action.
1139
1140 3. Town’s Solid Waste Committee and Town Council Review. Contractor 1141 may appeal a Compliance Order issued by the Town Manager to the Town’s 1142 Solid Waste Committee by filing a notice of appeal with the Clerk of the 1143 Town Council within ten (10) days of the date of the Town Manager’s 1144 Compliance Order. The Clerk of the Town Council shall set the matter for 1145 hearing by the Town’s Solid Waste Committee within thirty (30) days of 1146 receipt of the notice of appeal unless Contractor consents to an extension of 1147 the time for the hearing.
1148
1149 At its appeal hearing the Town’s Solid Waste Committee shall consider the 1150 Complaint. If a Complaint is based upon the manner or quality of 1151 Contractor’s service to service recipients or members of the public, the 1152 hearing shall be a public hearing. If a Complaint is based upon a violation 1153 of the standards and procedures implemented under this Agreement, the 1154 hearing may, but shall not necessarily, be a public hearing, as the Town 1155 Manager shall determine.
1156
1157 If, upon conclusion of the hearing and consideration of any advisory 1158 findings of fact, the Town’s Solid Waste Committee determines that 1159 Contractor has violated, or is in continuing violation of, any of its duties and 1160 obligations, either express or implied, under this Agreement, the Solid 1161 Waste Committee may uphold a Compliance Order and/or make a 125
29 1162 recommendation to the Town Council to issue a Termination Order for 1163 violations described in Section 11.01 C, E, F, I, J or K, or Order for Payment 1164 of Compensatory Damages, as it deems appropriate. The Town’s Solid 1165 Waste Committee’s decision shall be the final administrative determination 1166 and shall be supported by written findings.
1167
1168
1169 4. Remedies.
1170
1171 a. Named. Remedies available to the Town pursuant to this Article 1172 include the issuance of a Compliance Order, Termination Order, or 1173 Order for Payment of Compensatory Damages, which terms are 1174 defined and described hereinafter. Such Orders may be issued subject 1175 to such terms and conditions as the Town Manager (in the case of 1176 Compliance Orders) and the Town’s Solid Waste Committee (in the 1177 case of all such Orders issued by it) shall deem appropriate. 1178
1179 b. Compliance Order. A Compliance Order may be issued by the Town 1180 Manager or the Town’s Solid Waste Committee upon a determination 1181 that Contractor has violated, or is in continuing violation of, any of 1182 its duties or obligations, either express or implied, under this 1183 Agreement, and shall direct Contractor forthwith to cease such 1184 violation, and may specify, if appropriate, the time within which such 1185 violation shall be remedied, and otherwise establish terms and 1186 conditions governing compliance there under.
1187
1188 c. Termination Order. If the Town’s Solid Waste Committee 1189 determines that Contractor has violated, or is in continuing violation 1190 of, Section 11.01 C, E, F, I, J or K under this Agreement, the Town 1191 Council may order termination of this Agreement. Such Termination 1192 Order shall be effective not less than thirty (30) days from the date of 1193 the Termination Order. Contractor shall not be entitled to any further 1194 revenues from Collection operations authorized hereunder from and 1195 after the effective date of termination.
1196
1197 d. Order for Payment of Compensatory Damages. If the Town’s Solid 1198 Waste Committee determines that Contractor has violated, or is in 1199 continuing violation of, any of its duties or obligations, either express 1200 or implied, under this Agreement, which has caused loss of revenues 1201 to the Town, or caused the Town to incur unnecessary costs or has 1202 caused loss or damages to any Person, it may order Contractor to pay 1203 compensatory damages therefore to the Town, or to the Person so 1204 damaged.
1205
126
30 1206 C. Government Liaison. Contractor shall designate in writing a “Government 1207 Liaison” who shall be responsible for working with the Town Manager and/or the 1208 Town Manager’s designated representative(s) to resolve service recipient 1209 complaints.
1210
1211 5.04 Education and Public Awareness.
1212
1213 A. General. Contractor acknowledges and agrees that education and public 1214 awareness are critical, key, and essential elements of any efforts to achieve 1215 diversion and effectively manage Solid and Hazardous Waste. Accordingly, 1216 Contractor agrees to take direction from the Town to explore opportunities to 1217 expand public and service recipient knowledge concerning needs and methods to 1218 reduce, reuse, and recycle Solid Waste, and to cooperate fully with the Town in this 1219 regard. Contractor’s public education plan is included as Exhibit C. 1220
1221 Contractor shall perform all of the public education activities related to the 1222 transition to new services, as described in Exhibit C and Exhibit H. These education 1223 activities shall include, but not be limited to: mailings prior to the start of service, 1224 flyers handed out, follow-up mailings or hand-outs related to the new services, 1225 commercial advertising, and the mailing and hand-outs of The Town’s newsletters 1226 upon request.
1227
1228 B. Content Approval. Contractor shall make available to the Town, and the Town 1229 shall approve prior to its use, all public educational materials used by Contractor. 1230 At a minimum, Contractor materials will describe the specific types of Recyclable 1231 Materials and Organics, explain how to prepare materials for Collection, and 1232 explain how, where, and when to set out Containers for Collection. 1233
1234 All public educational materials shall be printed on or manufactured from recycled 1235 materials and contain the highest practical level of post-consumer content. 1236 Contractor’s primary educational materials shall be available in English. 1237 Contractor may produce materials in additional languages for which there is a 1238 demand. Newsletters are to be posted on the Contractors website for minimum of 1239 previous four (4) publications.
1240
1241 C. Community Events. At the direction of the Town, Contractor shall participate 1242 in and promote diversion techniques at community events and local activities. Such 1243 participation would normally include providing, without cost, educational and 1244 publicity information promoting the goals of the Town’s waste reduction and 1245 recycling programs.
1246
1247 D. Notification to New Service Recipients. Immediately upon request for new 1248 service, Contractor shall notify the new service recipients of the Recyclable 1249 Materials and Organics Collection services offered by Contractor. At the Town’s 1250 request, such notification shall be available in languages other than English. 127
31 1251
1252 5.05 Waste Generation/Characterization Studies.
1253 Contractor will conduct annual waste characterization studies as required by SB 1383. 1254
1255 A. Methodology. The study shall include samples from each waste stream (MSW, 1256 Recyclables, and Organic Materials) to determine the ratio of Prohibited 1257 Container Contaminants, the Contractor shall use the following protocol:
1258
1259 1. The Contractor shall take one sample of at least two hundred (200) 1260 pounds from the material collected from each material stream. For 1261 example, Contractor shall take a two hundred (200) pound sample taken 1262 from the combined contents of the Organic Materials Container samples. 1263
1264 2. The two hundred (200) pound sample shall be randomly selected from 1265 different areas of the pile of collected material for that material stream. 1266
1267 3. For each two hundred (200) pound sample, the Contractor shall remove 1268 any Prohibited Container Contaminants and determine the weight of 1269 Prohibited Container Contaminants.
1270
1271 4. The Contractor shall determine the ratio of Prohibited Container 1272 Contaminants in the sample by dividing the total weight of Prohibited 1273 Container Contaminants by the total weight of the sample. 1274
1275 5. All weights shall be recorded in pounds.
1276
1277 B. Recordkeeping and Reporting. Contractor shall maintain records of each study 1278 conducted and report results directly to the Town within fourteen (14) days of 1279 completing the study as well as include the results in the Contractor’s annual 1280 report.
1281
1282 5.06 Annual Route Reviews
1283 A. Methodology. At least once annually, beginning in 2024, Contractor shall 1284 conduct a route review for each of its routes in compliance with the 1285 requirements of 14 CCR section 18984.5(b). The number of Containers to review 1286 per route shall be calculated on the basis of the number of Customers on a 1287 specific route for one week. For each route review, Contractor shall inspect at 1288 least the minimum number of Containers set forth in 1. thru 4. below, but may 1289 inspect more if Contractor deems necessary. Each inspection shall involve 1290 lifting the Container lid and observing the contents but shall not require 1291 Contractor to disturb the contents or open any bags. If Contractor observes 1292 Contamination, Contractor shall follow the provisions outlined in Exhibit H. 1293 Contractor may select the Containers to be inspected at random, or (if mutually 1294 agreed with the Town), by any other method not prohibited under the SB 1383 128
32 1295 regulations. Contractor will also collect photographic documentation during 1296 route reviews. For the avoidance of doubt, Contractor shall not be required to 1297 annually inspect every Container on a route. Contractor shall include the results 1298 of each route review in its next regularly scheduled report to the Town as 1299 required by Exhibit H.
1300
1301 1. For weekly routes with less than one thousand five hundred (1,500) 1302 Generators, the Contractor shall sample a minimum of twenty-five (25) 1303 Containers;
1304 2. For weekly routes with one thousand five hundred to three thousand 1305 nine hundred ninety-nine (1,500-3,999) Generators, the Contractor shall 1306 sample a minimum of thirty (30) Containers;
1307 3. For weekly routes with four thousand to six thousand nine hundred 1308 ninety-nine (4,000-6,999) Generators, the Contractor shall sample a 1309 minimum of thirty-five (35) Containers; and,
1310 4. For weekly routes with seven thousand (7,000) or more Generators, the 1311 Contractor shall sample a minimum of forty (40) Containers. 1312
1313 B. Contamination Notification. Upon identification of Prohibited Container 1314 Contaminants in a Customer’s Container, Contractor shall provide the 1315 Customer with a notice of Contamination as stated Exhibit H. 1316
1317 5.07 Local Purchases
1318
1319 Contractor shall purchase, at a minimum, the following supplies and services within 1320 the Town limits if they are available within the Town limits:
1321
1322 a. Vehicle supplies(fuel, tires, service parts, etc) 1323 b. Office and facility supplies
1324 c. Printing/publishing
1325 d. Uniforms
1326 e. Banking
1327 f. Insurance
1328
1329 5.08 Green Waste / Yard Waste Collection Transfer Station 1330
1331 Contractor shall operate and manage the Town’s Green Waste Collection Transfer 1332 Station if requested by the Town. Contractor agrees to operate the facility at the 1333 current established gate rate or at a rate approved and agreed upon by the Town 1334 Manager. Gate rates in subsequent years may be determined for adjustment by the 1335 Town Manager based upon an annual review of operations costs factors such as, but 1336 not limited to, current market for biomass fuels, Neal Road Landfill gate fees, CPI 1337 index, etc. The Town agrees to indemnify and hold harmless Contractor for past 129
33 1338 environmental liabilities and clean-up costs associated with known contamination at 1339 the facility.
1340
1341
130
34 1342 ARTICLE 6
1343 CONTRACTOR'S RATES
1344
1345 6.01 General.
1346
1347 A. Rate Resolution. The Town shall establish, by execution of this Agreement, the 1348 maximum rates for the services provided by the Contractor. The Town shall have 1349 the right to structure the rates as it deems appropriate provided revenues paid to 1350 the Contractor from charging such rate can be expected to generate sufficient 1351 revenues to provide for Contractor’s Compensation as described herein. 1352
1353 B. Contractor’s Compensation. The intent and goal of this Agreement is to 1354 provide the Contractor total compensation equal to the Pass-Through Costs plus 1355 the Operating Ratio Quotient with the Operating Ratio Quotient comprised of all 1356 Operating Expenses divided by the Operating Ratio. In furtherance of the 1357 foregoing, for each Fiscal Year of this Agreement the Town shall reasonably ensure 1358 that during each year of this Agreement the Gross Revenues collected by 1359 Contractor equal or exceed the Revenue Requirement. In the event that there exists 1360 a Cumulative Revenue Shortfall arising out of one or more years of operation then 1361 the rate shall be adjusted in order that the projected Cumulative Revenue Shortfall 1362 is reduced to zero over a period of not more than ten years. In the event that there 1363 exists a Cumulative Revenue Overage then the rate shall be downwardly adjusted 1364 in order to equalize the Revenue Requirement and the Gross Revenues Collected. 1365 Exhibit E hereto includes details with respect to annual rate adjustments and 1366 adjustments to the rate based on the Operating Ratio. 1367
1368
1369
1370
1371 6.02 Initial Rates.
1372
1373 Solid Waste, Recyclable Materials and Organics. Contractor’s rates for the first Rate 1374 Year (July 1, 2024 through June 30, 2025) shall equal those initial rates as set forth in 1375 Exhibit E. The revenue from such rates shall be the complete compensation due the 1376 Contractor for the services performed by the Contractor for the first Rate Year of this 1377 Agreement.
1378
1379 6.03 Subsequent Rates for Fiscal Rate Years.
1380
1381 A. General. For each Rate Year beginning July 1, 2025, and continuing each year 1382 thereafter, rates shall be adjusted as described below. For purposes of this 1383 calculation, rates shall be composed of three (3) components: a monthly Collection 1384 Rate, a monthly Disposal Rate, and a Franchise Fee. 1385
131
35 1386 B. Monthly Collection Rate Adjustment. The monthly Solid Waste, Recycling, 1387 and Yard Waste Collection Rates shall be adjusted upward or downward in order 1388 to ensure that, during each Rate Year, the Contractor will receive payments totaling 1389 the Revenue Requirement (as further described in Exhibit E). Notwithstanding the 1390 foregoing, in no event shall rates be increased more than the following percentages 1391 during the term of this Agreement (calculated on a year-over-year basis):
1392
1393 2024 through 2027 – 8% per annum
1394 2028 through 2032 – 5% per annum
1395 2033 through 2040 – 2.5% per annum
1396
1397 C. Monthly Disposal Rate Adjustment. The monthly Disposal Rate shall be 1398 adjusted based upon the percentage change in the gate rate at the Designated 1399 Disposal Site.
1400
1401 D. Franchise and Other Fee Adjustment. The Franchise Fee component shall be 1402 calculated by adding the monthly Collection Rate and the monthly Disposal Rate 1403 and multiplying the resulting total by the Franchise Fee enumerated in Exhibit D. 1404 The Other Fee component is composed of charges for the Vehicle Impact Fee and 1405 other miscellaneous fees, as determined by the Town. 1406
1407 E. Contractor's Notice of Rate. On or before June 1 of each rate year the Contractor 1408 shall provide the Town with written notice calculating any adjustments to be made 1409 effective for the following Rate Year beginning July 1 (the “Notice of Rate 1410 Adjustment”). The Notice of Rate Adjustment shall calculate the monthly 1411 Collection Rate, the monthly Disposal Rate, and the Franchise Fee for the Rate Year 1412 beginning July 1 following the Notice of Rate Adjustment and shall be calculated 1413 based on the Contractor’s audited financials for the year ending December 31 of 1414 the immediately prior calendar year. Following the delivery of a Notice of Rate 1415 Adjustment the Town shall have thirty (30) days to make objection to the Notice of 1416 Rate Adjustment which objection shall e limited to errors in calculation, errors in 1417 assumptions or any misrepresentation contained in the Notice of Rate Adjustment. 1418 If no objection to a Notice of Rate Adjustment is made by the Town within thirty 1419 (30) days of receipt, then the rate adjustments contained in the Notice of Rate 1420 Adjustment shall be deemed effective as of the July 1 following the Notice of Rate 1421 Adjustment. In the event the Town makes a written objection to a Notice of Rate 1422 Adjustment then any such objections shall be resolved forthwith between the 1423 parties and, if no resolution is agreed, then by dispute resolution pursuant to the 1424 terms of Section 12.22.
1425
1426
1427
132
36 1428 ARTICLE 7
1429 REVIEW OF SERVICES AND PERFORMANCE
1430
1431 7.01 Performance Hearing.
1432 The Town may hold a public hearing on or about the first anniversary date of this 1433 Agreement and on or about each subsequent anniversary, at which time Contractor 1434 shall be present and shall participate, to review its services and overall performance. 1435 The purpose of the hearing is to provide for a discussion and review of technological, 1436 economic, and regulatory changes in Collection, waste reduction, Recycling, Organics 1437 diversion, processing and Disposal to achieve a continuing, advanced Solid Waste 1438 Collection, waste reduction and diversion system; and to ensure services are being 1439 provided with adequate quality, effectiveness and economy. 1440
1441 Within forty-five (45) days after receiving notice from the Town of a Solid Waste 1442 performance review hearing, Contractor shall, at a minimum, submit a report to the 1443 Town indicating changes recommended and/or new services to improve the Town’s 1444 ability to meet the Town’s waste reduction and recycling obligations and goals and to 1445 contain costs and minimize impacts on rates.
1446
1447 The reports required by this Agreement regarding service recipient Complaints shall 1448 be used as one basis for review. Contractor may submit other relevant performance 1449 information and reports for consideration. The Town may request Contractor to 1450 submit specific information for the hearing. In addition, any service recipient may 1451 submit comments or Complaints during or before the hearing, either orally or in 1452 writing, and these shall be considered.
1453
1454 Topics for discussion and review at the Solid Waste performance hearing shall include, 1455 but shall not be limited to, services provided, feasibility of providing new services, 1456 application of new technologies, service recipient Complaints, amendments to this 1457 Agreement, developments in the applicable laws and regulations, new initiatives for 1458 meeting or exceeding waste reduction and recycling goals, regulatory constraints and 1459 Contractor performance. The Town and Contractor may each select additional topics 1460 for discussion at any performance review hearing.
1461
1462 Not later than sixty (60) days after the conclusion of each performance hearing, the 1463 Town may issue a report. As a result of the review, the Town may require Contractor 1464 to provide expanded or new services within a reasonable time and for reasonable rates 1465 and compensation and the Town may direct Contractor to take corrective actions for 1466 any performance inadequacies.
1467
1468 7.02 Annual Diversion Program Review.
1469 Beginning on the Effective Date of the Agreement, and then on an annual basis 1470 thereafter, Contractor shall meet with the Town to describe the progress of each active 1471 diversion program. Contractor should document the results of the programs on a 133
37 1472 monthly basis, including at a minimum the tonnage diverted by material type, the end 1473 use or processor of the diverted materials and the cost per ton for transporting and 1474 processing each type of material and other such information requested by the Town 1475 or any other government entity as may be necessary to evaluate the performance of 1476 each program.
1477
1478 At each annual meeting, the Town and Contractor shall have the opportunity to revise 1479 a program based on mutually agreed upon terms. The Town shall have the right to 1480 terminate a program if in its sole discretion, the Contractor is not cost effectively 1481 achieving the program’s goals and objectives. Prior to such termination, the Town 1482 shall meet and confer with the Contractor for a period of up to 90 days to resolve the 1483 Town’s concerns. Thereafter, the Town may utilize a third party to perform these 1484 services if the Town reasonably believes the third party can improve on Contractor’s 1485 performance and/or cost. Notwithstanding these changes, Contractor shall continue 1486 the program during the meet and confer period and, thereafter, until the third party 1487 takes over the program.
1488
1489
134
38 1490 ARTICLE 8
1491 RECORDS, REPORTS AND INFORMATION REQUIREMENTS
1492
1493 8.01 General.
1494 Contractor shall conduct data collection, information and record keeping, and 1495 reporting activities needed to comply with and to meet the reporting and Solid Waste 1496 program management needs of the Town (including AB939) and other Federal and 1497 State and local laws and regulations and the requirements of this Agreement. To this 1498 extent, such requirements set out in this and other Articles of this Agreement shall not 1499 be considered limiting or necessarily complete. In particular, this Article is intended 1500 to only highlight the general nature of records and reports and their minimum content 1501 and is not meant to comprehensively define what the records and reports are to be and 1502 their content. Further, with the written direction or approval of Town, the records and 1503 reports to be maintained and provided by Contractor in accordance with this and other 1504 Articles of the Agreement shall be adjusted in number, format, or frequency. Records 1505 and reporting may be revised to reflect current record keeping and reporting. 1506
1507 8.02 Records.
1508
1509 A. General. In order to administer this Agreement it is necessary for Contractor to 1510 maintain accurate, detailed financial and operational information in a consistent 1511 format and to make such information available to the Town in a timely fashion. 1512 Contractor shall maintain records required to conduct its operations, to support 1513 requests it may make to the Town, and to respond to requests from the Town in 1514 the conduct of Town’s business. Adequate record security shall be maintained to 1515 preserve records from events that can be reasonably anticipated such as a fire, theft 1516 and earthquake. Electronically maintained data/records shall be protected and 1517 backed up. All records shall be maintained for five (5) years after the expiration of 1518 this Agreement.
1519
1520 Contractor agrees that the records of any and all companies conducting operations 1521 addressed in the Agreement shall be provided or made available to the Town and 1522 its official representatives during normal business hours. 1523
1524 B. Inspection and Retention of Records.
1525 1. Contractor's Accounting Records. Contractor shall maintain accurate and 1526 complete accounting records containing the underlying financial and 1527 operating data relating to and showing the basis for computation of all 1528 costs associated with providing services under this Agreement. The 1529 accounting records shall be prepared in accordance with Generally 1530 Accepted Accounting Principles (GAAP) consistently applied. 135
39 1531 2. Inspection of Records. The Town, and/or agents selected by the Town, 1532 shall have the right, during regular business hours, to conduct 1533 unannounced on-site inspections of the records and accounting systems of 1534 Contractor and to make copies of any documents relevant to this 1535 Agreement.
1536 3. Retention of Records. Unless otherwise herein required, Contractor shall 1537 retain all records and data required to be maintained by this Agreement 1538 for at least five (5) years.
1539
1540 Records and data required to be maintained that are specifically directed to 1541 be retained shall be retrieved by Contractor and made available to the Town. 1542
1543 Records and data required to be maintained that are not specifically directed 1544 to be retained that are, in the sole opinion of the Town, material to 1545 establishing rates or to a determination of the Contractor's performance 1546 under this Agreement, shall be retrieved by Contractor and made available 1547 to the Town.
1548
1549 Records and data required to be maintained that are not specifically directed 1550 to be retained and that are not material to establishing rates and/or not 1551 required for the determination of the Contractor's performance do not need 1552 to be retrieved by Contractor. In such a case, however, the Town may make 1553 reasonable assumptions regarding what information is contained in such 1554 records and data, and such assumption shall be conclusive in whatever 1555 action the Town takes.
1556
1557 4. Delivery of Financial Statements, Auditors' Reports. Financial statements 1558 shall show Contractor’s results of operations on a combined basis for the 1559 Town, including the specific revenues and expenses in connection with the 1560 operations provided for in this Agreement and others included in such 1561 financials statements. The financial statements shall be prepared in 1562 accordance with Generally Accepted Accounting Principles (GAAP). The 1563 financial statements shall be prepared by the Contractor and marked 1564 “unaudited”. Such statements should include a certification by the 1565 Contractor’s Chief Financial Officer. The financial statements for Rate 1566 Years shall have been examined by and shall be accompanied by the report 1567 of an independent certified public accountant (CPA) licensed (in good 1568 standing) to practice public accounting in the State of California as 1569 determined by the State of California Consumer Affairs Board of 136
40 1570 Accountancy. Such accountant’s representation shall include that it has 1571 examined the Contractor's financial statements in accordance with 1572 Generally Accepted Auditing Standards (GAAS) and the accountant's 1573 opinion that such statements have been prepared in accordance with 1574 Generally Accepted Accounting Principles (GAAP) consistently applied 1575 and fairly reflect the results of operations and Contractor's financial 1576 condition.
1577
1578 C. Solid Waste Records. Records shall be maintained and made available to the 1579 Town within 24 hours of written request relating to:
1580 1. Service recipient services and billing;
1581 2. Character, weight and volume of Solid Waste by type (e.g., Solid Waste, 1582 Recyclable Materials, and Organics) and line of business (can/cart service, 1583 bin service, roll-off service, compactor service) especially as related to 1584 reducing and diverting Solid Waste.
1585 3. Routes;
1586 4. Facilities, equipment and personnel used;
1587 5. Facilities and equipment operations, maintenance and repair; 1588 6. Processing and Disposal of Solid Waste;
1589 7. Types and quantities of Hazardous Waste inadvertently Collected but 1590 diverted from landfilling;
1591 8. Complaints; and,
1592 9. Missed Pick-ups.
1593
1594 Contractor shall maintain records of all Solid Waste Collected in the Town’s 1595 Service Area for the period of this Agreement and all extensions to this 1596 Agreement or successor Agreements. In the event the Town requests certain 1597 records or Contractor discontinues providing services to the Town, Contractor 1598 shall provide all records of all Solid Waste requested to the Town within thirty 1599 (30) days of discontinuing service. Records shall be in chronological and 1600 organized form and readily and easily interpreted. 1601
1602 D. CERCLA Defense Records. The Town views the ability to defend against 1603 CERCLA and related litigation as a matter of great importance. For this reason, the 137
41 1604 Town regards the ability to prove where Solid Waste Collected in the Service Area 1605 was taken for Transfer or Disposal, as well as where it was not taken, to be matters 1606 of concern. Contractor shall maintain data retention and preservation systems 1607 which can establish where Solid Waste Collected in the Service Area was disposed 1608 of (and therefore establish where it was not landfilled). This provision shall survive 1609 the expiration of the period during which Collection services are to be provided 1610 under this Agreement. Contractor shall maintain these records for a minimum of 1611 ten (10) years. Contractor shall provide these records to the Town in an organized 1612 and indexed manner rather than destroying or disposing of them. 1613
1614 E. Recyclable Materials and Organics Records. Records shall be maintained for 1615 the Town that relate to:
1616 1. Records described in Section 8.02.C, above and Exhibit H; 1617 2. Recyclable Materials, and Organics Collection weekly and /or bi-weekly 1618 participation rates.
1619 3. Recyclable Materials sales value;
1620 4. Weight of material by type; and,
1621 5. End use and markets.
1622
1623 F. Other Programs' Records. Records for other programs shall be tailored to 1624 specific needs. In general, they shall include:
1625 1. Plans, tasks, and milestones; and,
1626 2. Accomplishments in terms such as dates, activities conducted, quantities of 1627 products used, produced or distributed, and numbers of participants and 1628 responses.
1629
1630 8.03 Reports.
1631
1632 A. Report Formats and Schedule. Records shall be maintained in forms and by 1633 methods that facilitate flexible use of data contained in them to structure reports, 1634 as needed. Reports are intended to compile recorded data into useful forms of 1635 information that can be used to, among other things:
1636
1637 1. Determine the number of subscribers to each service by service level, and 1638 the total revenues generated.
138
42 1639 2. Determine the total quantity of material Collected, transferred, Recycled 1640 processed and / or disposed through each program and service, by 1641 material type.
1642 3. Evaluate past and expected progress towards achieving the Town’s 1643 diversion goals and objectives;
1644 4. Determine needs for adjustment to programs; and, evaluate service 1645 recipient service and Complaints.
1646 5. Prepare AB 939, AB 341, AB 1826, and AB 1383 reports and any and all 1647 other State required reports.
1648
1649 Contractor may propose report formats that are responsive to the objectives and 1650 audiences for each report. The format of each report shall be approved by the 1651 Town. Contractor agrees to submit all reports on computer discs or by modem in 1652 a format compatible with Town’s software/computers at no additional charge, if 1653 requested by the Town. Contractor will provide a certification statement, under 1654 penalty or perjury, by the responsible Contractor official, that the report being 1655 submitted is true and correct to the best knowledge of such official after their 1656 reasonable inquiry.
1657
1658 Annual Reports shall be submitted not later than April 1st following the calendar 1659 year.
1660
1661 All reports shall be submitted to:
1662
1663 Town of Paradise
1664 Town Hall
1665 5555 Skyway
1666 Paradise, CA 95969
1667 Attn: Town Manager
1668
1669 B. Annual Reports. Annual Reports are to include the following information and 1670 the information listed under Sections C and D below, at a minimum, compiled and 1671 reported for each month of the year, and as an annual total. Annual totals are also 1672 to be provided for all previous years of the Agreement for purposes of comparison. 1673 The information listed below shall be the minimum reported for each service. To 1674 the extent that the requested information is not tracked directly by the Contractor 1675 or can not be specifically established due to the nature of the Contractor’s 1676 operations, the Contractor shall present to the Town a proposed method for 1677 estimating the required information, the reasonableness of which shall be subject 1678 to the approval of the Town.
1679
139
43 1680 1. Solid Waste Collection Services.
1681
1682 a. Solid Waste tons Collected by Contractor, allocated between 1683 Residential cart service, Commercial cart and bin service, roll-off and 1684 compactor service.
1685
1686 b. Number of subscribers by service level
1687
1688 c. Subscriber data including name, address, and service level 1689
1690 d. Total Gross Revenues by service level, including revenues generated 1691 by each type of “Extra Services”.
1692
1693 e. Number of Disabled Accounts.
1694
1695 f. Number of compactor accounts, size of compactors and number and 1696 size of compactors provided by the Contractor.
1697
1698 g. Number of debris-box pulls by bin size.
1699
1700 h. Tons processed and recovered through each processing operation 1701 including Construction Demolition Debris Recovery Program, 1702 Material Recovery Facility and any other processing operations 1703
1704 i. Complaint summary, for month and cumulative for report year, as 1705 above. Data shall be summarized by nature of Complaints on a 1706 compatible computer disc.
1707
1708 j. Narrative summary of problems encountered (including scavenging) 1709 and actions taken with recommendations for the Town, as 1710 appropriate.
1711
1712 k. Description of promotional and public education materials created or 1713 distributed.
1714
1715 l. A summary or copy of the Hazardous Waste records required under 1716 Sections 8.02.C and 8.02.D.
1717
1718 m. Other information or reports that the Town may reasonably request 1719 or require.
1720 2. Recyclable Materials and Organics Services. Contractor shall provide the 1721 same information as Solid Waste service, but for Recyclable Materials and 1722 Organics services, Contractor shall provide:
140
44 1723
1724 a. Total tons diverted by each program/service (e.g., Residential 1725 Curbside Recycling, Residential Organics, Commercial Recycling), 1726 by material type and end use.
1727
1728 b. Number of accounts for each program/service, number and size of 1729 Containers and total tons Recycled by material type. 1730
1731 c. Participation and set-out rates in same format as number of accounts. 1732
1733 d. Recyclable Materials sales revenue by material type. 1734 3. Other Programs. For each program, provide activity related and narrative 1735 reports on goals and milestones and accomplishments. Describe problems 1736 encountered, actions taken and any recommendations to facilitate 1737 progress. Describe vehicles, personnel, and equipment utilized for each 1738 program.
1739 4. Summary Assessment. Provide a summary assessment of the overall 1740 Franchised Services from Contractor's perspective relative to financial and 1741 physical status of program. The physical status summary is to report:
1742 operating efficiency, economy and effectiveness of the program relative to 1743 the goals and objectives of this Agreement including particularly the 1744 Town’s diversion goals; provide recommendations and plans to improve; 1745 highlight significant accomplishments and problems. 1746 5. Annual reports to the Town must also include:
1747 a) Compliance
1748 Contractor must document education and outreach conducted, 1749 public event participation, school visits, compliance notices mailed, 1750 site visits to meet the requirements of SB 1383, service level audits 1751 completed, information distributed, and media used, and 1752 community events hosted. This must include public education 1753 activities undertaken during the year, including distribution of bill 1754 inserts, collection notification tags, community information and 1755 events, tours and other activities related to the provision of 1756 Collection services. Contractor shall also provide copies of all 1757 outreach and education information (including flyers, brochures, 1758 newsletters, invoice messaging, website and social media postings, 141
45 1759 emails, and other electronic messages), including the date the 1760 information was disseminated or the direct contact made. For 1761 website and social media postings, this shall be the date posted. 1762 Contractor must report the total number of Commercial Customers 1763 serviced and the number of Containers, Container sizes and 1764 frequency of Collection for Solid Waste and Organic Materials for 1765 each non-exempt Commercial Customer. The total number of non1766 exempt Commercial Customers that fall under the AB 341 or AB 1767 1826 thresholds, and the total number of those non-exempt 1768 Commercial Customers that are not subscribed to Commercial 1769 Organic Materials Collection Service.
1770 A summary of the type of follow-up outreach that was provided to 1771 those non-exempt Commercial Customers that are not subscribed to 1772 Commercial Organic Materials Collection Service.
1773 b) Route Reviews
1774 Contractor shall report the date that Contamination route reviews 1775 were conducted, the name and title of each person that conducted 1776 the reviews, a list of the account names and addresses covered by 1777 the review, and a description of each route reviewed, including 1778 Contractor’s route number. Contractor shall also provide details 1779 regarding the results of the reviews (i.e., the addresses where any 1780 Prohibited Container Contaminants were found), and any 1781 photographs taken.
1782 C. Monthly/Quarterly Reports.
1783
1784 1. Compliance Reviews
1785
1786 Contractor shall report the date that compliance reviews were conducted, 1787 and the name and title of each person that conducted the reviews. 1788 Contractor shall report the results of the review (i.e., Contractor’s findings 1789 as to whether the Service Recipients reviewed are subscribed for Organic 1790 Materials collection service, have an applicable waiver, or neither) and any 1791 relevant evidence supporting such findings (e.g., account records). 1792 Contractor shall provide copies of any educational materials issued 1793 pursuant to such reviews. Contractor shall report to the Town all Customers 1794 discovered to be out of compliance with the SB 1383 Regulations, including 1795 a list of the Customers, the type of violation, actions taken to educate those 1796 Customers, and contact information for those Customers. This includes 142
46 1797 identifying Residential and Commercial Customers that are subscribed to 1798 Solid Waste Collection service but that are not subscribed Organic Materials 1799 Container Collection service. Contractor must also provide the following 1800 information:
1801 - The total number of non-compliance complaints
1802 - Total number of waiver requests
1803
1804 2. Contamination
1805
1806 To the extent required by Applicable Law, the quarterly report must include 1807 a summary of all instances of qualifying Contamination under the 1808 procedures in Section 5.06 of the Agreement. This summary must include 1809 the total number of accounts where Contamination occurred, the total 1810 number of Contamination Violation Notices issued by Contractor to 1811 Customers, a list of accounts where such notices occurred, and the total 1812 number of instances where Container size or Collection frequency was 1813 increased specifically due to Contamination. Within twenty (20) working 1814 days of request by the Town, Contractor will provide copies of the 1815 Contamination Violation Notices and the digital documentation of 1816 Contamination. The quarterly report must include each Customer incurring 1817 a charge for Contamination in the previous quarter. Contractor shall provide 1818 a description of Contractor’s process for determining the level of Container 1819 Contamination under the Agreement. Contractor shall provide 1820 documentation relating to observed Prohibited Container Contaminants, 1821 whether observed during route reviews or otherwise. Contractor shall 1822 provide copies of the form of each notice issued to Customers for Prohibited 1823 Container Contaminants, as well as, for each such form, a list of the 1824 Customers to which such notice was issued, the date of issuance, the 1825 Customer’s name and service address, and the reason for issuance (if the 1826 form is used for multiple reasons). This information will also be provided 1827 monthly to any other government entity approved by the Town. Contractor 1828 shall report the number of times notices were issued to Customers for 1829 Prohibited Container Contaminants and the number of Containers where 1830 the contents were disposed due to observation of Prohibited Container 1831 Contaminants.
1832
1833 3. Service Recipient Complaint Log
1834
1835 The quarterly report must include the Customer call log collected from the 1836 previous quarter, including a summary of the type and number of 1837 complaints and their resolution.
1838
1839 4. Missed Pickups
1840
143
47 1841 The quarterly report must include a summary of each Customer 1842 experiencing a missed pickup in the previous quarter along with a 1843 description or the reason for the missed pickup.
1844
1845 5. Non-Collection
1846
1847 The quarterly report must include a summary of each Customer receiving a 1848 Non-Collection Notice in the previous quarter along with a description for 1849 the Non-Collection Notice.
1850
1851 6. On-hold Accounts
1852
1853 The quarterly report must include each Customer that was not billed in the 1854 previous quarter due to vacation hold, vacancy, etc. 1855
1856 7. Waiver Requests
1857
1858 The quarterly report must include the total number of waiver requests 1859 received and the total number of waivers approved. 1860
1861 8. Special Events
1862
1863 The quarterly report must include the number of special events and disposal 1864 tonnage, including a summary of the services provided and educational 1865 materials distributed.
1866
1867
1868 D. Additional Reporting. The Town reserves the right to require reasonable changes 1869 to the content and/or format of any and all reports that the Contractor is required 1870 to provide to the Town under the Agreement. The Town also reserves the right to 1871 require the Contractor to provide any other information that it reasonably deems 1872 necessary for effectively administering its franchise with the Contractor in a 1873 complete and timely manner, with the understanding that determination of 1874 additional information does not impose additional costs on the Contractor. Reports 1875 shall be submitted in electronic format, with all numeric information submitted in 1876 MS Excel.
1877
1878 Contractor must furnish Town with any additional reports as may reasonably be 1879 required, such reports to be prepared within a reasonable time following the 1880 reporting period. Contractor will provide reasonable assistance to the Town in 1881 preparing annual reports to CalRecycle (the “Electronic Annual Report” or EAR), 1882 including but not limited to supplying required data for preparation of the reports, 1883 and completing all required data input in the waste reporting software system. In 1884 the event that CalRecycle requires the Town to report an Implementation Schedule 1885 to comply with AB 341, AB 1826, SB 1383, SB 1594 and other Applicable Laws, 1886 Contractor will provide assistance to the Town in preparing a report, including 144
48 1887 Contractor’s policies and procedures related to compliance with AB 341, AB 1826, 1888 SB 1383, and other Applicable Laws and how Recycling or Organic Materials are 1889 Collected, a description of the geographic area, routes, list of addresses served and 1890 a method for tracking Contamination, copies of route audits, copies of notices of 1891 Contamination, copies of notices, violations, education and enforcement actions 1892 issued, and copies of educational materials, flyers, brochures, newsletters, website, 1893 and social media..
1894
1895 E. Resource Recovery Plan. As part of its Annual Report to the Town described 1896 in Section 8.03.B, Contractor shall submit to the Town an annual proposal 1897 describing proposed resource recovery programs, their diversion potential and 1898 associated detailed costs for programs that Contractor believes can significantly 1899 increase diversion. Within sixty days, the Town shall respond to the Plan in 1900 writing. If the Parties reach agreement on implementation of additional programs, 1901 Contractor shall be obligated to implement those programs on a schedule and for 1902 a cost agreed to by the Parties.
1903
1904
1905 8.04 Adverse Information.
1906
1907 A. Reporting Adverse Information. Contractor shall provide the Town two (2) 1908 copies (one to the Town Manager, one to the Town’s Attorney) of all reports, 1909 pleadings, applications, notifications, Notices of Violation, communications or 1910 other material relating specifically to Contractor’s performance of services 1911 pursuant to this Agreement, submitted by Contractor to, or received by Contractor 1912 from, the United States or California Environmental Protection Agency, 1913 CalRecycle, the Securities and Exchange Commission or any other Federal, State or 1914 local agencies, including any Federal or State court. Copies shall be submitted to 1915 the Town simultaneously with Contractor’s filing or submission of such matters 1916 with said agencies. Contractor’s routine correspondence to said agencies need not 1917 be routinely submitted to the Town but shall be made available to the Town 1918 promptly upon the Town’s written request.
1919
1920 B. Failure to Report. The refusal or failure of Contractor to file any required 1921 reports, or to provide required information to the Town, or the inclusion of any 1922 materially false or misleading statement or representation by Contractor in such 1923 report shall be deemed a material breach of the Agreement as described in Section 1924 11.01 and shall subject Contractor to all remedies which are available to the Town 1925 under the Agreement or otherwise.
1926
1927 8.05 Right to Inspect Records.
1928 The Town shall have the right to inspect or review the payroll tax reports, specific 1929 documents or records required expressly or by inference pursuant to this Agreement, 1930 or any other similar records or reports of Contractor or its Related Party Entities that 145
49 1931 the Town shall deem, in its sole discretion, necessary to evaluate annual reports, 1932 compensation applications provided for in this Agreement and Contractor's 1933 performance provided for in this Agreement.
1934
146
50 1935 ARTICLE 9
1936 INDEMNIFICATION, INSURANCE AND BOND
1937
1938 9.01 Indemnification.
1939
1940 A. General Indemnification. Contractor shall indemnify, defend and hold 1941 harmless, at Contractor’s sole cost and expense, the Town, its officers, employees 1942 and agents, from and against any and all loss, liability, penalty, forfeiture, claim, 1943 demand, action, proceeding or suit, of any and every kind and description, whether 1944 judicial, quasi-judicial or administrative in nature including, but not limit to, injury 1945 to and death of any Person and/or damage to property or for contribution or 1946 indemnity claimed by third parties (collectively, the “Claims”), arising out of or 1947 occasioned in any way by, directly or indirectly, Contractor’s performance of, or its 1948 failure to perform, its obligations under the Agreement, but not limited to, 1949 Contractor’s failure to comply with applicable laws or the Contractor’s breach of 1950 its representation and warranties in this Agreement. The foregoing shall also apply 1951 if the Claim is caused by the joint negligence of the Town and Contractor, but only 1952 to the extent to Contractor’s negligence. This indemnification will not extend to 1953 Claims to the extent they are caused by the sole negligence or intentional 1954 misconduct or omission of the Town. This general indemnification provision shall 1955 survive the termination of this Agreement.
1956
1957 B. Hazardous Substance Indemnification. Contractor shall indemnify, defend 1958 with counsel selected by the Town, protect and hold harmless the Town and their 1959 officers, directors, employees, volunteers, and agents, and member agencies, their 1960 officers, directors, employees, volunteers, and agents, (collectively, indemnitee) 1961 from and against all claims, damages (including but not limited to special, 1962 consequential, natural resources and punitive damages), injuries, costs, (including 1963 without limit any and all response, remediation and removal costs), losses, 1964 demands, debts, liens, liabilities, causes of action, suits, legal or administrative 1965 proceedings, interest, fines, charges, penalties, and expenses (including without 1966 limit attorneys’ expert witness fees and costs incurred in connection with 1967 defending against any of the foregoing or in enforcing this indemnity), 1968 (Collectively, “Damages”) or any kind whatsoever paid, incurred or suffered by, 1969 or asserted against, indemnitee arising from or attributable to the acts or omissions 1970 of Contractor, its officers, directors, employees, companies or agents, whether or 1971 not negligent or otherwise culpable, in connection with or related to the 1972 performance of this Agreement, including without limit damages arising from or 1973 attributable to any operations, repair, clean-up or detoxification, or preparation 1974 and implementation of any removal, remedial, response, closure, post-closure or 1975 other plan (regardless of whether undertaken due to governmental action) 1976 concerning any Hazardous Substance, Hazardous Waste, and/or construction and 1977 street debris, or other waste Collected under this Agreement. This indemnity 1978 afforded indemnitee, shall be limited only to exclude coverage for intentional 1979 wrongful acts and active negligence of indemnitee, indemnitee delivery of material 147
51 1980 to Contractor which does not conform to the descriptions of Solid Waste under this 1981 Agreement and as provided below. The forgoing indemnity is intended to operate 1982 as an agreement in recognition of §107(e) of the Comprehensive Environmental 1983 Response, Compensation and Liability Act, CERCLA, 42 USC. §9607(e) and 1984 California Health and Safety Code §25364, to defend, protect, hold harmless, and 1985 indemnify the Town from liability. This provision is in addition to all other 1986 provisions in this Agreement and is intended to survive the end of the Term of this 1987 Agreement. Nothing in this paragraph shall prevent Contractor from seeking 1988 indemnification or contribution from Persons or entities other than indemnitee, for 1989 any liabilities incurred by Contractor, or the indemnitee. As appropriate, 1990 Contractor's parent company should provide the guarantees necessary to meet this 1991 provision.
1992
1993 Should the Town contract for or direct the Disposal of Solid Waste to a Transfer Station 1994 or landfill not owned or solely operated by Contractor or an Affiliate, then in that 1995 event, Contractor’s Hazardous Substances indemnification and other indemnitee shall 1996 not apply to claims, damages, legal proceedings or other liabilities arising from or 1997 relating to such non-Contractor owned or operated Transfer Station or Disposal 1998 Facility.
1999 9.02 CalRecycle Indemnification.
2000 In addition to all other relief provided to the Town under this Agreement, Contractor 2001 agrees to indemnify and hold harmless the Town, their officers, directors, Councils, 2002 employees, and agents from and against all fines and/or penalties imposed by 2003 CalRecycle in the event the source reduction and Recycling goals or any other 2004 requirement of the Act are not met by the Town with respect to the waste stream 2005 Collected under this Agreement and such failure is due to the failure of Contractor to 2006 meet its obligations under this Agreement and/or for delays in providing information 2007 that prevents the Town from submitting reports required by AB 939, AB 341, AB 1826, 2008 and SB 1383 in a timely manner.
2009
2010 9.03 Insurance.
2011
2012 A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
2013
2014 1. The most recent editions of Insurance Services Office form number GL 2015 0002 covering Comprehensive or Commercial General Liability and 2016 Insurance Services Office form number GL 0404 covering Broad Form 2017 Comprehensive or Commercial General Liability; or Insurance Services 2018 Office Commercial General Liability coverage ("occurrence" form CG 2019 0001).
148
52 2020 2. The most recent editions of Insurance Services Office form number CA 2021 0001 covering Automobile Liability, code 1 "any auto" and endorsement 2022 CA 0025.
2023 3. Workers' Compensation insurance as required by the Labor Code of the 2024 State of California and Employers Liability insurance. 2025
2026 B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
2027
2028 1. Comprehensive General Liability: Five Million Dollars ($5,000,000) 2029 combined single limit per occurrence for bodily injury, Personal injury and 2030 property damage.
2031 2. Automobile Liability: Five Million Dollars ($5,000,000) combined single 2032 limit per accident for bodily injury and property damage. 2033 3. Workers' Compensation and Employers Liability: Workers' compensation 2034 limits as required by the Labor Code of the State of California and 2035 Employers Liability limits of $1,000,000 per accident. 2036
2037 C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured 2038 retentions are the responsibility of Contractor and shall be declared to the Town. 2039 At the option of the Town, either: the insurer shall reduce or eliminate such 2040 deductibles or self-insured retentions as respects the Town, its officials and 2041 employees, directors, agents and volunteers; or Contractor shall procure a bond 2042 guaranteeing payment of losses and related investigations, claim administration 2043 and defense expenses.
2044
2045 D. Other Insurance Provisions. The policies are to contain, or be endorsed to 2046 contain, the following provisions:
2047 1. General Liability and Automobile Liability Coverage 2048 a. The Town, their officials, employees, directors, agents and volunteers 2049 are to be covered as additional insured as respects: liability arising 2050 out of activities performed by or on behalf of Contractor; products 2051 and completed operations of Contractor; Premises owned, leased or 2052 used by Contractor; or automobiles owned, leased, hired or 2053 borrowed by Contractor. The coverage shall contain no special 2054 limitations on the scope of protection afforded to the Town, its 2055 officials, employees or volunteers.
2056
149
53 2057 b. Contractor's insurance coverage shall be primary insurance as 2058 respects the Town, its officials, directors, employees and volunteers. 2059 Any insurance or self-insurance maintained by the Town, its officials, 2060 employees, directors, agents or volunteers shall be excess of 2061 Contractor's insurance and shall not contribute with it. 2062
2063 c. Any failure to comply with reporting provisions of the policies shall 2064 not affect coverage provided to the Town, its officials, employees, 2065 directors, agents or volunteers.
2066
2067 d. Coverage shall state that Contractor's insurance shall apply 2068 separately to each insured against whom claim is made or suit is 2069 brought, except with respect to the limits of the insurer's liability. 2070
2071 2. Workers' Compensation and Employers Liability Coverage. The insurer 2072 shall agree to waive all rights of subrogation against the Town, its officials, 2073 employees, directors, agents and volunteers for losses arising from work 2074 performed by Contractor for the Town.
2075 3. All Coverage. Each insurance policy required by this clause shall be 2076 endorsed to state that coverage shall not be suspended, voided, canceled 2077 by either party, reduced in coverage or in limits except after thirty (30) 2078 days' prior written notice by certified mail, return receipt requested, has 2079 been given to the Town.
2080
2081 E. Acceptability of Insurers. The insurance policies required by this Section shall 2082 be issued by an insurance company or companies admitted or approved non2083 admitted to do business in the State of California subject to the Authority of the 2084 California Insurance Commissioner and with a rating in the most recent edition of 2085 Best's Insurance Reports of size category VII or larger and a rating classification of 2086 A or better.
2087
2088 F. Verification of Coverage. Contractor shall furnish the Town with certificates 2089 of insurance and with original endorsements affecting coverage required by this 2090 clause. The certificates and endorsements for each insurance policy shall be signed 2091 by a Person authorized by that insurer to bind coverage on its behalf. The 2092 certificates and endorsements are to be on forms provided by or acceptable to the 2093 Town and are to be received and approved by the Town before work commences. 2094 The Town reserves the right to require complete, certified copies of all required 2095 insurance policies, at any time.
2096
2097 G. Subcontractor. Contractor shall include all subcontractors as insured under its 2098 policies or shall furnish separate certificates and endorsements for each 150
54 2099 subcontractor. All coverages for subcontractors shall be subject to all of the 2100 requirements stated herein.
2101
2102 H. Required Endorsements.
2103
2104 1. The Workers' Compensation policy shall contain an endorsement in 2105 substantially the following form:
2106
2107 "Thirty (30) days prior written notice shall be given to the Town in the event of 2108 cancellation, reduction in coverage, or non-renewal of this policy. Such notice 2109 shall be sent to:
2110 Town of Paradise
2111 Town Hall
2112 5555 Skyway
2113 Paradise, CA 95969
2114 Attn: Town Manager
2115
2116 2. The Public Liability policy shall contain endorsements in substantially the 2117 following form:
2118
2119 a. "Thirty (30) days prior written notice shall be given to the Town in 2120 the event of cancellation, reduction in coverage, or non-renewal of 2121 this policy. Such notice shall be sent to:
2122
2123 Town of Paradise
2124 Town Hall
2125 5555 Skyway
2126 Paradise, CA 95969
2127 Attn: Town Manager
2128
2129 b. "The Town, its officers, employees, directors, agents and volunteers 2130 are additional insured on this policy."
2131
2132 c. "This policy shall be considered primary insurance as respects any 2133 other valid and collectible insurance maintained by the Town, 2134 including any self-insured retention or program of self-insurance, 2135 and any other such insurance shall be considered excess insurance 2136 only."
2137
2138 d. "Inclusion of the Town as an insured shall not affect the Town’s rights 2139 as respects any claim, demand, suit or judgment brought or 2140 recovered against Contractor. This policy shall protect the Contractor 151
55 2141 and the Town in the same manner as though a separate policy had 2142 been issued to each, but this shall not operate to increase Contractor's 2143 liability as set forth in the policy beyond the amount shown or to 2144 which Contractor would have been liable if only one party had been 2145 named as an insured."
2146
2147 I. Delivery of Proof of Coverage. On or before the Effective Date, Contractor 2148 shall furnish the Town with certificates of each policy of insurance required 2149 hereunder. Such certificates shall show the type and amount of coverage, effective 2150 dates, and dates of expiration of polices and shall note all required endorsements. 2151 The certificates for each policy are to be signed by a Person authorized at the 2152 insurer to bind coverage on its behalf. If at any time the Towns so requests, 2153 complete certified copies of each policy, together with all endorsements, shall also 2154 be promptly delivered to the Town. Contractor shall periodically furnish renewal 2155 certificates to the Town to demonstrate maintenance of the required coverage 2156 throughout the Term.
2157
2158 J. Other Insurance Requirements.
2159
2160 1. In the event any services are delegated to a subcontractor, Contractor shall 2161 require such subcontractor to provide statutory workers’ compensation 2162 insurance and employer’s liability insurance for all of the subcontractor’s 2163 employees engaged in the work. The liability insurance required by this 2164 Section 9.03.J.1 shall cover all subcontractors or the subcontractor must 2165 furnish evidence of insurance provided it meets all of the requirements of 2166 this Section 9.03.J.1.
2167 2. Contractor shall comply with all requirements of the insurer's policies. The 2168 carrying of insurance shall not relieve Contractor from any obligation 2169 under this Agreement. If any claim is made by any third party against 2170 Contractor or a subcontractor on account of any occurrence related to this 2171 Agreement, Contractor shall promptly report the facts in writing to the 2172 insurance carrier and to the Town.
2173 3. If Contractor fails to procure and maintain any insurance by this 2174 Agreement, the Town may take out and maintain, at Contractor’s expense, 2175 such insurance as the Town may reasonably deem proper in accordance 2176 with the limits set forth herein and Contractor shall reimburse the Town 2177 for the cost of such insurance within thirty days of being invoiced by the 2178 Town for such costs.
2179
152
56 2180 4. The Comprehensive General Liability insurance required by the Section 2181 shall be written on an occurrence (not accident) rather than a “claims 2182 made” basis, if such coverage is obtainable. If its is not obtainable, 2183 Contractor shall notify the Town and arrange for “tail coverage” to protect 2184 the Town from claims filed during the three years immediately following 2185 the expiration or termination of this Agreement relating to incidents which 2186 occurred prior to such expiration or termination.
2187
2188 9.04 Letter of Credit.
2189 Simultaneously with the execution of this Agreement, Contractor shall file with the 2190 Town an irrevocable letter of credit in a form approved by the Town Attorney securing 2191 Contractor’s performance of its obligations under this Agreement and shall maintain 2192 such letter of credit on an annual basis and shall be annually renewed thereafter 2193 throughout the Term of this Agreement. The Town shall have the right to make draws 2194 from the letter of credit if Contractor breaches this Agreement. The principal sum of 2195 the letter of credit shall be $100,000.00.
2196
2197
2198
153
57 2199 ARTICLE 10
2200 TOWN’S RIGHT TO PERFORM SERVICE
2201
2202 10.01 General.
2203 In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to 2204 Collect or transport any or all Solid Waste, Recyclable Materials, and Organics which 2205 it is required by this Agreement, at the time and in the manner provided in this 2206 Agreement, for a period of more than forty-eight (48) hours, and if, as a result thereof, 2207 Solid Waste, Recyclable Materials, and Organics should accumulate in the Service 2208 Area to such an extent, in such a manner, or for such a time that the Town should find 2209 that such accumulation endangers or menaces the public health, safety or welfare, then 2210 the Town shall have the right, but not the obligation, upon twenty-four (24) hour prior 2211 written notice to Contractor during the period of such emergency as determined by 2212 the Town, (1) to perform, or cause to be performed, such services itself with its own or 2213 other personnel without liability to Contractor; and/or (2) to take temporary 2214 possession of any or all of Contractor's land, equipment and other property used or 2215 useful in the Collection and transportation of Solid Waste, Recyclable Materials, and 2216 Organics, and to use such property to Collect and transport any Solid Waste, 2217 Recyclable Materials, and Organics generated within the Service Area which 2218 Contractor would otherwise be obligated to Collect and transport pursuant to this 2219 Agreement.
2220
2221 If Solid Waste, Recyclable Materials, and Organics accumulates in the Service Area to 2222 such an extent, in such a manner or for such a time that the Town finds that such 2223 accumulation represents an immediate danger or menace to the public health safety or 2224 welfare, the Town shall not be required to provide the twenty-four (24) hour prior 2225 written notice set forth above in order to take the above actions. 2226
2227 Notice of Contractor's failure, refusal or neglect to Collect and transport Solid Waste, 2228 Recyclable Materials, and Organics may be given orally by telephone to Contractor at 2229 its principal office and shall be effective immediately. Written confirmation of such 2230 oral notification shall be sent to Contractor within twenty-four (24) hours of the oral 2231 notification.
2232
2233 Contractor further agrees that in such event:
2234
2235 A. It will take direction from the Town to affect the transfer of possession of 2236 equipment and property to the Town for its use.
2237
2238 B. It will, if the Town so requests, keep in good repair and condition all of such 2239 equipment and property, provide all motor vehicles with fuel, oil and other service, 2240 and provide such other service as may be necessary to maintain said property in 2241 operational condition.
2242
154
58 2243 C. The Town may immediately engage all or any personnel necessary or useful for 2244 the Collection and transportation of Solid Waste, Recyclable Materials, and 2245 Organics, including, if the Town so desires, employees previously or then 2246 employed by Contractor. Contractor further agrees, if the Town so requests, to 2247 furnish the Town the services of any or all management or office personnel 2248 employed by Contractor whose services are necessary or useful for Solid Waste, 2249 Recyclable Materials, and Organics Collection, transportation, processing, and 2250 disposal operations and for the billing and Collection of fees for these services. 2251
2252 The Town agrees that it assumes complete responsibility for the proper and normal 2253 use of such equipment and facilities while in its possession. 2254
2255 If the interruption or discontinuance in service is caused by any of the reasons listed 2256 in Section 11.04, the Town shall pay to Contractor the reasonable rental value of the 2257 equipment and facilities, possession of which is taken by the Town, for the period 2258 of the Town’s possession, if any, which extends beyond the period of time for 2259 which Contractor has rendered bills in advance of service, for the class of service 2260 involved.
2261
2262 Except as otherwise expressly provided in the previous paragraph, the Town’s 2263 exercise of its rights under this Article 10 (1) does not constitute a taking of private 2264 property for which compensation must be paid; (2) will not create any liability on 2265 the part of the Town to Contractor; and (3) does not exempt Contractor from any 2266 of the indemnity or insurance provisions of this Agreement, which are meant to 2267 extend to circumstances arising under this Section, provided that Contractor is not 2268 required to indemnify the Town against claims and damages arising from the 2269 negligence or willful misconduct of the Town, its elective and appointive boards, 2270 commissions, officers, employees and agents in the operation of Collection vehicles 2271 during the time the Town has taken possession of such vehicles. 2272
2273 10.02 Temporary Possession of Contractor's Property. 2274 If the Town suffers an interruption or discontinuance of service (including 2275 interruptions and discontinuance due to events described in Section 11.04), the Town 2276 may take possession of and use all of Contractor's property described above until other 2277 suitable arrangements can be made for the provision of the Franchised Services. 2278
2279 10.03 Billing and Compensation to the Town during Town’s Possession. 2280 During such time that the Town is providing Solid Waste services, as above provided, 2281 Contractor shall bill and Collect payment from all users of the above-mentioned 2282 services as described in Section 5.02. Contractor further agrees that, in such event, it 2283 shall reimburse the Town for any and all costs and expenses incurred by the Town 2284 beyond that billed and received by Contractor in taking over possession of the above2285 mentioned equipment and property for Franchised Services in such manner and to an 2286 extent as would otherwise be required of Contractor under the Terms of this 155
59 2287 Agreement. Such reimbursement shall be made from time to time after submission by 2288 the Town to Contractor of each statement listing such costs and expenses, but in no 2289 event later than five (5) working days from and after each such submission. 2290
2291 10.04 Town’s Right to Relinquish Possession.
2292 It is further mutually agreed that the Town may at any time at their discretion 2293 relinquish possession of any or all of the above-mentioned property to Contractor and 2294 thereupon demand that Contractor resume the Franchised Services as provided in this 2295 Agreement, whereupon Contractor shall be bound to resume the same. 2296
2297 10.05 Duration of Town’s Possession.
2298 Town’s right pursuant to this Article to retain temporary possession of Contractor's 2299 facilities and equipment, and to render Collection services, shall terminate when the 2300 event which caused the taking possession under Section 10.01 is cured and the 2301 performance bond is fully restored. In any case, the Town has no obligation to 2302 maintain possession of Contractor's property or equipment and/or continue its use for 2303 any period of time and may at any time, in its sole discretion, relinquish possession to 2304 Contractor.
2305
2306
156
60 2307 ARTICLE 11
2308 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES
2309
2310 11.01 Events of Default.
2311 All provisions of the Agreement and this Agreement to be performed by Contractor 2312 are considered material. Each of the following shall constitute an event of default. 2313
2314 A. Fraud or Deceit. If Contractor practices, or attempts to practice, any fraud or 2315 deceit upon the Town.
2316
2317 B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or 2318 unwilling to pay its debts, or upon listing of an order for relief in favor of 2319 Contractor in a bankruptcy proceeding.
2320
2321 C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full 2322 force and effect the Workers' Compensation, liability, or indemnification coverage 2323 as required by this Agreement.
2324
2325 D. Violations of Regulation. If Contractor violates any orders or filings of any 2326 regulatory body having authority over Contractor relative to this Agreement, 2327 provided that Contractor may contest any such orders or filings by appropriate 2328 proceedings conducted in good faith, in which case no breach of this Agreement 2329 shall be deemed to have occurred.
2330
2331 E. Failure to Perform. If Contractor ceases to provide Collection, processing, or 2332 Recycling services as required under this Agreement for a period of two (2) 2333 consecutive days or more, for any reason within the control of Contractor, 2334 including labor disputes.
2335
2336 F. Failure to Pay. If Contractor fails to make any payments required under this 2337 Agreement and/or refuses to provide the Town with required information, 2338 reports, and/or records in a timely manner as provided for in the Agreement. 2339
2340 G. Acts or Omissions. Any other act or omission by Contractor which violates the 2341 terms, conditions, or requirements of this Agreement, the Act of 1989, as it may be 2342 amended from time to time, or any law, statute, ordinance, order, directive, rule, 2343 or regulation issued there under and which is not corrected or remedied within the 2344 time set in the written notice of the violation or, if Contractor cannot reasonably 2345 correct or remedy the breach within the time set forth in such notice, if Contractor 2346 should fail to commence to correct or remedy such violation within the time set 2347 forth in such notice and diligently effect such correction or remedy thereafter. 2348
2349 H. False or Misleading Statements. Any representation or disclosure made to the 2350 Town by Contractor in connection with or as an inducement to entering into this 2351 Agreement, or any future amendment to this Agreement, which proves to be false 157
61 2352 or misleading in any material respect as of the time such representation or 2353 disclosure is made, whether or not any such representation or disclosure appears 2354 as part of this Agreement.
2355
2356 I. Attachment. There is a seizure of, attachment of, or levy on, the operating 2357 equipment of Contractor, including without limits its equipment, 2358 maintenance or office facilities, or any part thereof. 2359
2360 J. Suspension or Termination of Service. There is any termination or suspension 2361 of the transaction of business by Contractor related to this Agreement, including 2362 without limit, due to labor unrest including strike, work stoppage or slowdown, 2363 sick-out, picketing, or other concerted job action lasting more than two (2) 2364 consecutive days.
2365
2366 K. Failure to Provide Assurance of Performance. It Contractor fails to provide 2367 reasonable assurances of performance as required under Section 11.06. 2368
2369 Contractor shall be given ten (10) business days from written notification by the Town 2370 to cure any default arising under subsections C, E, F, I, J and K provided, however, 2371 that the Town shall not be obligated to provide Contractor with a notice and cure 2372 opportunity if the Contractor has committed the same or similar breach within a 2373 twenty-four (24) month period.
2374
2375 11.02 Right to Terminate Upon Default.
2376 In the event that Contractor should default and subject to the right of the Contractor 2377 to cure, in the performance of any provisions of this contract, and the default is not 2378 cured for any default arising under Section 11.01 C, E, F, I, J or K, within ten (10) days’ 2379 notice if the public health or safety is threatened, or otherwise thirty (30) days after 2380 receipt of written notice of default from the Town, then the Town may, at its option, 2381 terminate this Agreement and/or hold a hearing at its next Town Council meeting to 2382 determine whether this contract should be terminated. In the event the Town decides 2383 to terminate this contract, the Town shall serve twenty (20) days’ written notice of its 2384 intention to terminate upon Contractor. In the event the Town exercises its right to 2385 terminate this contract, the Town may, at its option, upon such termination, either 2386 directly undertake performance of the services or arrange with other Persons to 2387 perform the services with or without a written agreement. This right of termination is 2388 in addition to any other rights of the Town upon a failure of Contractor to perform its 2389 obligations under this Agreement.
2390
2391 The Town’s rights to terminate this Agreement and to take possession of Contractor’s 2392 Facility are not exclusive, and the Town’s termination of this Agreement shall not 2393 constitute an election of remedies. Instead, they shall be in addition to any and all 2394 other legal and equitable rights and remedies which the Town may have. By virtue of 2395 the nature of this Agreement, the urgency of timely continuous and high-quality 2396 service, the time required to effect alternative service, and the rights granted by the 158
62 2397 Town to Contractor, the remedy of damages for a breach hereof by Contractor may be 2398 inadequate and the Town may seek injunctive relief. 2399
2400 11.03 Liquidated Damages.
2401
2402 A. General. The Town finds, and Contractor agrees, that as of the time of the 2403 execution of this Agreement, it is impractical, if not impossible, to reasonably 2404 ascertain the extent of damages which shall be incurred by the Town as a result of 2405 a breach by Contractor of its obligations under this Agreement. The factors relating 2406 to the impracticability of ascertaining damages include, but are not limited to, the 2407 fact that: (i) substantial damage results to members of the public who are denied 2408 services or denied quality or reliable service; (ii) such breaches cause 2409 inconvenience, anxiety, frustration, and deprivation of the benefits of the 2410 Agreement to individual members of the general public for whose benefit this 2411 Agreement exists, in subjective ways and in varying degrees of intensity which are 2412 incapable of measurement in precise monetary terms; (iii) that Franchised Services 2413 might be available at substantially lower costs than alternative services and the 2414 monetary loss resulting from denial of services or denial of quality or reliable 2415 services is impossible to calculate in precise monetary terms; and (iv) the 2416 termination of this Agreement for such breaches, and other remedies are, at best, a 2417 means of future correction and not remedies which make the public whole for past 2418 breaches.
2419
2420 B. Service Performance Standards; Liquidated Damages for Failure to Meet 2421 Standards. The parties further acknowledge that consistent, reliable Solid Waste, 2422 Recyclable Materials, and Organics Collection is of utmost importance to the Town 2423 and that the Town has considered and relied on Contractor's representations as to 2424 its quality of service commitment in awarding the Agreement to it. The parties 2425 further recognize that some quantified standards of performance are necessary and 2426 appropriate to ensure consistent and reliable service and performance. The parties 2427 further recognize that if Contractor fails to achieve the performance standards, or 2428 fails to submit required documents in a timely manner, the Service Area and its 2429 residents will suffer damages and that it is and will be impractical and extremely 2430 difficult to ascertain and determine the exact amount of damages which the Town 2431 will suffer. Therefore, without prejudice to the Town’s right to treat such non2432 performance as an event of default under this Article 11, the parties agree that the 2433 following liquidated damage amounts represent a reasonable estimate of the 2434 amount of such damages considering all of the circumstances existing on the date 2435 of this Agreement, including the relationship of the sums to the range of harm to 2436 the Town that reasonably could be anticipated and the anticipation that proof of 2437 actual damages would be costly or impractical. In placing their initials at the places 2438 provided, each party specifically confirms the accuracy of the statements made 2439 above and the fact that each party has had ample opportunity to consult with legal 2440 counsel and obtain an explanation of the liquidated damage provisions at the time 2441 that the Agreement was made.
159
63 2442 Contractor Town
2443 Initial Here Initial Here
2444
2445 Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set 2446 forth below:
2447
2448 1. Collection Reliability.
2449 a. For each failure to commence service to a new service recipient 2450 account within seven (7) days after order, which exceed five (5) such 2451 failures annually: $150.00
2452 b. For each failure to Collect Solid Waste, Recyclable Materials, and 2453 Organics, which has been properly set out for Collection, from an 2454 established service recipient account on the scheduled Collection day 2455 and not Collected within the period described in this Agreement 2456 which exceeds forty-five (45) such failures quarterly: $150.00 2457 c. For each failure to Collect Solid Waste, Recyclable Materials, and 2458 Organics, which has been properly set out for Collection, from the 2459 same service recipient on two (2) consecutive scheduled pickup days:
2460 $150.00
2461 d. For each failure to perform and submit billing reviews: $250.00 2462
2463 2. Collection Quality.
2464 a. For each occurrence of damage to private property which exceeds 2465 seven (7) such occurrences annually: $250.00
2466 b. For each occurrence of failure to properly return empty Containers to 2467 avoid pedestrian or vehicular traffic impediments or to place cans 2468 upright with lids secured (in areas where service recipients own their 2469 containers, if applicable) which exceeds ten (10) such occurrences 2470 annually: $150.00
2471 c. For each occurrence of excessive noise or discourteous behavior:
2472 $250.00
2473 d. For each failure to clean up Solid Waste, Recyclable Materials, and 2474 Organics spilled by Contractor from Containers which exceeds 2475 fifteen (15) such failures annually: $150.00
2476 e. For each occurrence of Collecting Solid Waste, Recyclable Materials 2477 and Organics during unauthorized hours which exceeds ten (10) such 2478 occurrences annually: $250.00
2479
2480 3. Service Recipient Responsiveness.
2481 a. For each failure to initially respond to a service recipient Complaint 2482 within one (1) business day: $100.00
160
64 2483 b. For each failure to process service recipient Complaints to the Town 2484 as required by Article 5: $500.00
2485
2486 4. Timeliness of Submissions to Town/State Agencies. Reports shall be 2487 considered late, after the seventh late day, until such time as a correct and 2488 complete report is received by the Town. For each calendar day a report is 2489 late, the daily liquidated damage amount shall be:
2490 a. Annual reports to the Town: $100 per day
2491
2492 b. Required reports to State agencies per Section 8.03.C of this 2493 Agreement: $100 per day
2494
2495 Liquidated damages will only be assessed after Contractor has been given the 2496 opportunity but failed to rectify, in a timely manner, the breach as described in this 2497 Agreement. The Town may determine the occurrence of events giving rise to 2498 liquidated damages through the observation of its own employees or representative 2499 or investigation of service recipient Complaints.
2500
2501 Prior to assessing liquidated damages, the Town shall give Contractor notice of its 2502 intention to do so. The notice will include a brief description of the incident(s)/non2503 performance. Contractor may review (and make copies at its own expense) all 2504 information in the possession of the Town relating to incident(s)/non-performance. 2505 Contractor may, within ten (10) days after receiving the notice, request a meeting with 2506 the Town. Contractor may present evidence in writing and through testimony of its 2507 employees and others relevant to the incident(s)/non-performance. The Town will 2508 provide Contractor with a written explanation of his or her determination on each 2509 incident(s)/non-performance prior to authorizing the assessment of liquidated 2510 damages. The decision of the Town shall be final.
2511
2512 C. Amount. The Town may assess liquidated damages for each calendar day or 2513 event, as appropriate, that Contractor is determined to be liable in accordance with 2514 this Agreement.
2515
2516 D. Timing of Payment. Contractor shall pay any liquidated damages assessed by 2517 the Town within ten (10) days after they are assessed. If they are not paid within 2518 the ten (10) day period, the Town may proceed against the performance bond 2519 required by the Agreement or order the termination of the Agreement granted by 2520 this Agreement, or both.
2521
2522 11.04 Excuse from Performance.
2523 The parties shall be excused from performing their respective obligations hereunder 2524 in the event they are prevented from so performing by reason of floods, earthquakes, 2525 other natural disasters, war, civil insurrection, terrorist attacks, riots, acts of any 161
65 2526 government (including judicial action), and other similar catastrophic events which 2527 are beyond the control of and not the fault of the party claiming excuse from 2528 performance hereunder. Labor unrest, including, but not limited to, strike, work 2529 stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by 2530 Contractor's employees or directed at Contractor is not an excuse from performance 2531 and Contractor shall be obligated to continue to provide service notwithstanding the 2532 occurrence of any or all of such events.
2533
2534 The party claiming excuse from performance shall, within two (2) days after such party 2535 has notice of such cause, give the other party notice of the facts constituting such cause 2536 and asserting its claim to excuse under this Section 11.04. 2537
2538 The interruption or discontinuance of Contractor's services caused by one or more of 2539 the events excused shall not constitute a default by Contractor under this Agreement. 2540 Notwithstanding the foregoing, however, if Contractor is excused from performing its 2541 obligations to Collect; transfer, transport, process and Dispose of Solid Waste 2542 hereunder for any of the causes listed in this Section for a period of ten (10) days or 2543 more, the Town shall nevertheless have the right, in its sole discretion, to terminate 2544 this Agreement by giving ten (10) days' notice, in which case the provisions relative to 2545 taking possession of Contractor's land, equipment and other property and engaging 2546 Contractor's personnel in Article 10 and this Article 11 will apply. 2547
2548 11.05 Notice, Hearing and Appeal of Town/ Breach.
2549 Should Contractor contend that the Town is in breach of this Agreement, it shall file 2550 with the Town Manager a written request with the Town’s Solid Waste Committee for 2551 an administrative hearing. Said request shall be made within ninety (90) days of the 2552 event or incident which allegedly gave rise to the breach. The Town Manager shall 2553 notify Contractor of the time and date said hearing shall be held within thirty (30) days 2554 of receipt of Contractor's request. Contractor shall present its position and all relevant 2555 facts first and then the Town Manager shall make his or her presentation. Contractor 2556 shall be notified of the Town’s Solid Waste Committee’s ruling in writing within 2557 fourteen (14) days of the administrative hearing.
2558
2559 If Contractor is not in agreement with the ruling issued by the Committee at the 2560 administrative hearing, it shall have the right to appeal this ruling to Town Council. 2561 This appeal shall be made in writing to the Town Manager no later than fourteen (14) 2562 days after receipt of the administrative hearing ruling. The Town Manager shall notify 2563 Contractor of the time and date the Town Council will review Contractor's allegation. 2564 Contractor shall present its position and all relevant facts. Contractor shall be notified 2565 in writing within thirty (30) days of the Town Council’s ruling. The Town Council’s 2566 ruling shall be final, and Contractor shall have no further rights of administrative 2567 appeal.
2568
162
66 2569 11.06 Assurance of Performance.
2570 Each party may, at its option and in addition to all other remedies it may have, demand 2571 from the other Party reasonable assurances of timely and proper performance of this 2572 Agreement, in such form and substance as the Party may require. If the other Party 2573 fails or refuses to provide satisfactory assurances of timely and proper performance in 2574 the form and by the date required by the Party, such failure or refusal shall be an event 2575 of default.
2576
2577 11.07 Damage to Property.
2578 Contractor shall endeavor to resolve all claims as soon as reasonably practicable 2579 following receipt thereof, made by Owners or occupants of property served by 2580 Contractor, for damages to property including, but not limited to, Containers. In the 2581 event such damage shall have been caused by the negligence or intentional acts of 2582 Contractor, its officers, agents, or employees, Contractor shall promptly repair or 2583 replace such damaged property. The provisions of this Section 11.07 shall not be 2584 deemed a limitation upon any other provisions of this Agreement, or any rights or 2585 remedies which may accrue to the Town by reason of Contractor’s acts or omissions 2586 to act hereunder.
2587
2588 11.08 Town Remedies Cumulative; Specific Performance. 2589 The Town’s rights to suspend or terminate this Agreement or to perform under Article 2590 10 are not mutually exclusive, and the Town’s exercise of one such right shall not 2591 constitute a selection of remedies. Instead, they shall be in addition to any and all other 2592 legal and equitable rights and remedies which the Town may have. 2593
2594
2595
163
67 2596 ARTICLE 12
2597 OTHER AGREEMENTS OF THE PARTIES
2598
2599 12.01 Relationship of Parties.
2600 The Parties intend that Contractor shall perform the services required by this 2601 Agreement as an independent Contractor engaged by the Town and neither as an 2602 officer or employee of the Town nor as a partner of or joint venture with the Town. 2603 No employee or agent or Contractor shall be or shall be deemed to be an employee or 2604 agent of the Town. Except as expressly provided herein, Contractor shall have the 2605 exclusive control over the manner and means of conducting the services performed 2606 under this Agreement, and all Persons performing such services. Contractor shall be 2607 solely responsible for the acts and omissions of its officers, employees, subcontractors 2608 and agents. Neither Contractor nor its officers, employees, subcontractors and agents 2609 shall obtain any rights to retirement benefits, workers' compensation benefits, or any 2610 other benefits which accrue to the Town’s employees by virtue of their employment 2611 with the Town.
2612
2613 12.02 Compliance with Law.
2614 In providing the services required under this Agreement, Contractor shall at all times 2615 comply with all applicable laws (including but not limited to the “Environmental 2616 Laws”) of the United States, the State of California, the County of Butte, the Service 2617 Area and with all applicable regulations promulgated by Federal, State, regional, or 2618 local administrative and regulatory agencies, now in force and as they may be enacted, 2619 issued, or amended during the Term, collectively, the “Laws”). In the event of any 2620 conflict between this Agreement and Laws, the requirements of the Laws shall govern, 2621 and Contractor shall not be in breach of this Agreement if Contractor complies with 2622 the Laws in contravention of this Agreement, provided that nothing in this Section 2623 12.02 is intended to limit or enlarge Contractor's obligations or diminish its right to 2624 satisfy its obligation to provide Solid Waste, Recyclable Materials, Organics Collection, 2625 Processing, and/or Disposal.
2626
2627 12.03 Governing Law.
2628 This Agreement shall be governed by, and construed and enforced in accordance with, 2629 the laws of the State of California.
2630
2631 12.04 Jurisdiction.
2632 Any lawsuits between the parties arising out of this Agreement shall be brought and 2633 concluded in the courts of the State of California, which shall have exclusive 2634 jurisdiction over such lawsuits. With respect to venue, the parties agree that this 2635 Agreement is made in and will be performed in Butte County, California. 2636
164
68 2637 12.05 Assignment by Contractor.
2638
2639 A. General. Contractor acknowledges that this Agreement involves rendering a 2640 vital service to the Town’s residents and businesses, and that the Town has selected 2641 Contractor to perform the services specified herein based on (1) Contractor’s 2642 experience, skill and reputation for conducting its operations in a safe, effective and 2643 responsible fashion, at all times in keeping with applicable Environmental Laws, 2644 regulations, and best management practices, and (2) Contractor’s obligations to the 2645 Town under this Agreement. The Town has relied on each of these factors, among 2646 others, in choosing Contractor to perform the services to be rendered by Contractor 2647 under this Agreement.
2648
2649 B. Assignments. Contractor shall not assign its rights nor delegate or otherwise 2650 transfer its obligations under this Agreement to any other Person. 2651
2652 If Contractor requests the Town’s consideration of and consent to an assignment, 2653 the Town may deny or approve such request using its sole discretion. No request 2654 by Contractor for consent to any assignment need be considered by the Town 2655 unless and until Contractor has met the following requirements:
2656
2657 1. Contractor shall undertake to pay the Town its reasonable expenses for 2658 attorney’s fees and investigation costs necessary to investigate the 2659 suitability of any proposed assignee, and to review and finalize any 2660 documentation required as a condition for approving any such 2661 assignment;
2662 2. Contractor shall furnish the Town with audited financial statements of the 2663 proposed assignee’s operations for the immediately preceding three (3) 2664 operating years;
2665 3. Contractor shall furnish the Town with satisfactory proof: (i) that the 2666 proposed assignee has at least ten (10) years of Solid Waste, Recyclable 2667 Materials, and Organics management experience on a scale equal to or 2668 exceeding the scale of operations conducted by Contractor under this 2669 Agreement; (ii) that in the last five (5) years, the proposed assignee has not 2670 suffered any significant citations or other censure from any Federal, State 2671 or local agencies having jurisdiction over its Solid Waste, Recyclable 2672 Materials, and Organics management operations due to any significant 2673 failure to comply with State, Federal or local Environmental Laws and that 2674 the assignee has provided the Town with a complete list of such citations 2675 and censures; (iii) that the proposed assignee has at all times conducted its 165
69 2676 operations in an environmentally safe and conscientious fashion; (iv) that 2677 the proposed assignee conducts its Solid Waste, Recyclable Materials, and 2678 Organics management practices in accordance with sound Solid Waste, 2679 Recyclable Materials, and Organics management practices in full 2680 compliance with all Federal, State and local laws regulating the Franchised 2681 Services including Hazardous Substances; (v) that the proposed assignee 2682 can meet the guaranty and performance bond requirements met by 2683 Contractor; and , (vi) of any other information required by the Town to 2684 ensure the proposed assignee can fulfill the terms of this Agreement in a 2685 timely, safe and effective manner.
2686
2687 Under no circumstances shall the Town be obligated to consider any proposed 2688 assignment by Contractor.
2689
2690 C. Assignment Defined. For the purpose of this Section 12.05.C, when used in 2691 reference to Contractor, “assignment” shall include, but not be limited to (1) a sale, 2692 exchange or other transfer of substantially all of Contractor’s assets dedicated to 2693 service under this Agreement to a third party; (ii) a sale, exchange or other transfer 2694 of outstanding common stock of Contractor to a third party regardless of whether 2695 said sale, exchange or transfer may result in a change of control of Contractor; (iii) 2696 any dissolution, organization, consolidation, merger, re-capitalization, stock 2697 issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, 2698 liquidation or other transaction to which results in a change of Ownership or 2699 control of Contractor; (iv) any assignment by operation of law, including 2700 insolvency or bankruptcy, making assignment for the benefit of creditors, writ of 2701 attachment for an execution being levied against this Agreement, appointment of 2702 a receiver taking possession of Contractor’s property, or transfer occurring in the 2703 event of a probate proceeding; and (v) any combination of the foregoing (whether 2704 or not in related or contemporaneous transactions) which has the effect of any such 2705 transfer or change of Ownership, or change of control of Contractor. 2706
2707 12.06 Binding on Assigns.
2708 The provisions of this Agreement shall inure to the benefit to and be binding on the 2709 permitted assigns of the parties.
2710
2711 12.07 Affiliated Companies.
2712 Contractor shall maintain accounting records and financial statements on a basis 2713 showing the results of Contractor's operations under this Agreement separately from 2714 operations in other locations, as if Contractor were an independent entity providing 2715 service only to the Town. For purposes of this Agreement, the costs and revenues 2716 associated with providing service to the Town shall not be combined, consolidated or 166
70 2717 in any other way incorporated with those of other operations conducted by Contractor 2718 in other locations, or with those of an Affiliate. 2719
2720 If Contractor enters into any financial transactions with a Related Party Entity or 2721 Affiliate for the provision of labor, equipment, supplies, services, capital, etc., related 2722 to the furnishing of service under this Agreement, that relationship shall be disclosed 2723 to the Town, and in the financial reports submitted to the Town. In such event, the 2724 Town’s rights to inspect records, and obtain financial data shall extend to such Related 2725 Party Entity or entities.
2726
2727 12.08 Subcontracting.
2728 Except for Recycle Center and Special Event activities, Contractor shall not engage any 2729 subcontractors for Collection, Processing or Disposal of Solid Waste, Recyclable 2730 Materials, and Organics without the prior written consent of the Town. 2731
2732 12.09 Transition to Next Contractor.
2733 If the transition of services to another Contractor occurs through expiration of term, 2734 subsequent Contractor(s) to assist in an orderly transition which will include 2735 Contractor providing route lists and billing information. Contractor will not be 2736 obliged to sell Collection vehicles, bins and Containers to the next Contractor. 2737 Depending on Contractor's circumstances at the point of transition, Contractor at its 2738 option may enter into negotiations with the next Contractor to sell (in part or all) 2739 Collection vehicles, bins and Containers.
2740
2741 12.10 Parties in Interest.
2742 Nothing in this Agreement, whether express or implied, is intended to confer any 2743 rights on any Persons other than the parties to it and their representatives, successors 2744 and permitted assigns.
2745
2746 12.11 Waiver.
2747 The waiver by either party of any breach or violation of any provisions of this 2748 Agreement shall not be deemed to be a waiver of any breach or violation of any other 2749 provision nor of any subsequent breach of violation of the same or any other provision. 2750 The subsequent acceptance by either party of any monies which become due 2751 hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach 2752 or violation by the other party of any provision of this Agreement. 2753
2754 12.12 Contractor's Investigation.
2755 Contractor has made an independent investigation (satisfactory to it) of the conditions 2756 and circumstances surrounding the Agreement and the work to be performed by it. 2757
167
71 2758 12.13 Notice.
2759 All notices, demands, requests, proposals, approvals, consents and other 2760 communications which this Agreement requires, authorizes or contemplates shall be 2761 in writing and shall either be personally delivered to a representative of the parties at 2762 the address below or be deposited in the United States mail, first class postage prepaid, 2763 addressed as follows:
2764
2765 If to the Town:
2766 Town of Paradise
2767 Town Hall
2768 5555 Skyway
2769 Paradise, CA 95969
2770 Attn: Town Manager
2771
2772
2773 If to the Contractor: _
2774 Northern Recycling & Waste Services
2775 P.O Box 2529
2776 Paradise, CA 95967
2777 Attn: General Manager
2778
2779
2780 The address to which communications may be delivered may be changed from time 2781 to time by a notice given in accordance with this Section 12.13. 2782
2783 Notice shall be deemed given on the day it is personally delivered or, if mailed, three 2784 days from the date it is deposited in the mail.
2785
2786 12.14 Representatives of the Parties.
2787
2788 A. Representatives of the Town. References in this Agreement to the "Town" shall 2789 mean the Town Manager and all actions to be taken by the Town shall be taken by 2790 the Town Manager who may delegate his/her authority in writing to another Town 2791 employee, Contractor may rely upon actions taken by such delegates if they are 2792 within the scope of the Town and properly delegated to him/her. 2793
2794 B. Contractor Representatives. Contractor shall, by the Effective Date, designate 2795 in writing a responsible officer who shall serve as the representative of Contractor 2796 in all matters related to the Agreement and shall inform The Town Manager in 2797 writing of such designation and of any limitations upon his or her authority to bind 2798 Contractor. The Town Manager may rely upon action taken by such designated 2799 representative as actions of Contractor if they are within the scope of the Contractor 2800 and properly delegated to him/her by Contractor.
2801
168
72 2802 12.15 Town Free to Negotiate with Third Parties. 2803 The Town may investigate all options for the Collection and processing of Solid Waste 2804 after the expiration of the Term. Without limiting the generality of the foregoing, the 2805 Town may solicit proposals from Contractor and from third parties for the provision 2806 of services, and any combination thereof, and may negotiate and execute agreements 2807 for such services which will take effect upon the expiration or earlier termination 2808 under Section 11.01 of this Agreement.
2809
2810 12.16 Compliance with the Town’s Codes.
2811 Contractor shall comply with those provisions of the ordinances and municipal codes 2812 of the Town which are applicable, and with any and all amendments to such applicable 2813 provisions during the term of this Agreement provided, however, that if a change in 2814 any such municipal code materially affects Contractor's annual cost of operations, the 2815 Contractor shall be entitled to an interim compensation adjustment as provided for in 2816 Section 6.04. Moreover, no such change may revoke or override the grant to Contractor 2817 of the exclusive franchise in Section 2.01 of this Agreement or override the Contractor's 2818 designations of a Material Recovery Facility and Disposal Site pursuant to this 2819 Agreement.
2820
2821 12.17 Privacy.
2822 Contractor shall strictly observe and protect the rights of privacy of service recipients. 2823 Information identifying individual service recipients or the composition or contents of 2824 a service recipient's waste stream shall not be revealed to any Person, governmental 2825 unit, private agency, or Contractor, unless upon the authority of a court of law, by 2826 statute, or upon valid authorization of the service recipient. This provision shall not 2827 be construed to preclude Contractor from preparing, participating in, or assisting in 2828 the preparation of waste characterization studies or waste stream analyses which may 2829 be required by AB 939.
2830
2831 12.18 Integrated Contract.
2832 This Agreement represents the full and complete understanding of every kind or 2833 nature whatsoever between the parties hereto, and all preliminary negotiations and 2834 agreements of whatsoever kind or nature are merged herein. No verbal agreement or 2835 implied covenant shall be held to vary the provisions hereof. Any modification of this 2836 Agreement will be effective only by written agreement signed by both the Town and 2837 Contractor.
2838
2839 12.19 Inserted Provisions.
2840 Each provision and clause required by law to be inserted into the Agreement shall be 2841 deemed to be enacted herein, and the Agreement shall be read and enforced as though 2842 each were included herein. If through mistake or otherwise, any such provision is not 2843 inserted or is not correctly inserted, the Agreement shall be amended to make such 2844 insertion on application by either party.
2845
169
73 2846 12.20 Execution.
2847 This Agreement shall be executed in duplicate original counterparts by the parties. 2848 Irrespective of the date this Agreement is so executed, the Effective Date hereof shall 2849 be, and is April 30, 2017.
2850
2851 12.21 Non-Discrimination.
2852 Consistent with Town’s policy that harassment and discrimination are unacceptable 2853 employer-employee conduct, Contractor agrees that harassment or discrimination 2854 directed toward a job applicant, a Town employee, or a citizen by Contractor or 2855 Contractor’s employee on the basis of race, religious creed, color, national origin, 2856 ancestry, handicap, mental or physical disability, Acquired Immune Deficiency 2857 Syndrome (AIDS), AIDS-Related Complex (ARC), cancer-related medical condition, 2858 refusal of family care leave, marital status, denial of pregnancy disability leave, veteran 2859 status, age, sex, sexual orientation or sexual preference will not be tolerated. 2860 Contractor agrees that any and all violations of this provision shall constitute a 2861 material breach of this Agreement.
2862
2863 12.22 Dispute Resolution.
2864 Prior to initiation of litigation under this Agreement, the parties shall attempt to 2865 resolve their disputes by means of mediation. If the parties cannot agree on a mediator, 2866 the Superior Court of Butte County shall appoint a mediator. Each party shall bear 2867 their costs and attorney fees arising out of the mediation and shall share equally the 2868 cost of the mediator, provided, however, that if the matter is not resolved by way of 2869 mediation, the prevailing party in any subsequent litigation shall be entitled to collect 2870 their costs of mediation as an element of their costs of suit, including reasonable 2871 attorney fees (incurred both in the mediation process as well as the subsequent court 2872 proceedings).
2873
2874
2875
170
74 2876 ARTICLE 13
2877 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
2878
2879 Contractor represents and warrants as follows:
2880
2881 13.01 Company Status.
2882 Contractor is a limited liability company duly organized, validly existing and in good 2883 standing under the laws of the State of California. It is qualified to transact business 2884 in the State of California and has the power to own its properties and to carry on its 2885 business as now owned and operated and as required by this Agreement. 2886
2887 13.02 Company Authorization.
2888 Contractor has the authority to enter into and perform its obligations under this 2889 Agreement. The Managers and Members of the Company have taken all actions 2890 required by law, its operating agreement, or otherwise, to authorize the execution of 2891 this Agreement. The Person signing this Agreement on behalf of Contractor has 2892 authority to do so.
2893
2894 13.03 Agreement Will Not Cause Breach.
2895 To the best of Contractor's knowledge, after reasonable investigation, neither the 2896 execution or delivery of this Agreement nor the performance of this Agreement by 2897 Contractor: (i) conflicts with, violates, or results in a breach of any applicable law; or 2898 (ii) conflicts with, violates or results in a breach of any term or condition of any 2899 judgment, order or decree of any court, administrative agencies or other governmental 2900 authority, or any agreement or instrument to which Contractor is a party or by which 2901 Contractor or any of its properties or assets are bound, or constitutes a default there 2902 under.
2903
2904 13.04 No Litigation.
2905 To the best of Contractor's knowledge, after reasonable investigation, there is no 2906 action, suit, proceeding or investigation, at law or in equity, before or by any court or 2907 governmental authority, commission, board, agencies or instrumentality decided, 2908 pending or threatened against Contractor wherein an unfavorable decision, ruling or 2909 finding, in any single case or in the aggregate, would materially adversely affect the 2910 performance by Contractor of its obligations hereunder or which, in any way, would 2911 adversely affect the validity or enforceability of this Agreement or which would have 2912 a material adverse effect on the financial condition of Contractor or any surety 2913 guaranteeing Contractor's performance under this Agreement, which has not been 2914 waived by the Town in writing.
2915
171
75 2916 13.05 No Adverse Judicial Decisions.
2917 To the best of Contractor’s knowledge, after reasonable investigation, there is no 2918 judicial decision that affects the validity of this Agreement and may subject this 2919 Agreement to legal challenge.
2920
2921 13.06 Ability to Perform.
2922 Contractor possesses the business, professional, and technical expertise to manage, 2923 handle, treat, store and Dispose of the Solid Waste, and possesses the equipment, 2924 plant, and employee resources required to perform this Agreement. 2925
2926
172
76 2927 ARTICLE 14
2928 MISCELLANEOUS PROVISIONS
2929
2930 14.01 Entire Agreement.
2931 This Agreement, including the Exhibits, represents the full and entire Agreement 2932 between the parties with respect to the matters covered herein. 2933
2934 14.02 Section Headings.
2935 The article headings and section headings in this Agreement are for convenience of 2936 reference only and are not intended to be used in the construction of this Agreement 2937 nor to alter or affect any of its provisions.
2938
2939 14.03 References to Laws and Other Agreements.
2940 All references in this Agreement to laws shall be understood to include such laws as 2941 they may be subsequently amended or recodified, unless otherwise specifically 2942 provided. This Agreement supersedes any and all agreements heretofore entered into 2943 by the parties.
2944
2945 14.04 Interpretation.
2946 This Agreement, including the Exhibits attached hereto, shall be interpreted and 2947 construed reasonably and neither for nor against either party, regardless of the degree 2948 to which either party participated in its drafting. 2949
2950 14.05 Agreement.
2951 This Agreement may not be modified or amended in any respect except by a writing 2952 signed by the parties. Any conflict between the body of the Agreement and the 2953 Exhibits shall be resolved in favor of the Agreement. 2954
2955 14.06 Severability.
2956 If any non-material provision of this Agreement is for any reason deemed to be invalid 2957 and unenforceable, the invalidity or unenforceability of such provision shall not affect 2958 any of the remaining provisions of this Agreement which shall be enforced as if such 2959 invalid or unenforceable provision had not been contained herein. 2960
2961 14.07 Exhibits.
2962 Each of Exhibits identified as Exhibit "A" through “H” is attached hereto and 2963 incorporated herein and made a part hereof by this reference. 2964
2965 14.08 Attorneys' Fees.
2966 The prevailing party in any action brought to enforce the terms of this Agreement or 2967 arising out of this Agreement may recover its reasonable costs and attorneys' fees 2968 expended in connection with such an action from the other party. 173
77 2969
2970 14.09 Compilation of Information for State Law Purposes. 2971 Contractor shall compile information on amounts of Solid Waste delivered to the 2972 Facilities and other information, which the Town may reasonably request. 2973
2974 14.10 Definitions.
2975 Capitalized terms used in this Agreement without definition have the meanings 2976 specified in Exhibit A, unless the context clearly requires otherwise. 2977
2978 14.11 Counterparts.
2979 This Agreement may be executed in counterparts, each of which shall be deemed to be 2980 an original.
2981
2982
174
78 2983 IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement (Effective 2984 , 2024) as of the day set forth by their respective signature. 2985
2986 Date: ____________________ TOWN OF PARADISE
2987
2988 ATTEST: BY: ___________________________
2989
2990
2991 _______________________
2992 Town Clerk
2993
2994 Date: _____________________
2995
2996
2997 APPROVED AS TO FORM: ___________________________
2998 (Contractor)
2999 BY: ___________________________
3000
3001 Town Attorney ___________________________
175
1 2 EXHIBITS
3 4
5 Definitions ....................................................................................................................Exhibit A 6 Town’s Facilities/Special Events ..............................................................................Exhibit B 7 Contractor Public Education Plan.............................................................................Exhibit C 8 Payments to Town.......................................................................................................Exhibit D 9 Rate Adjustment Methodology .................................................................................Exhibit E 10 Solid Waste Collection Rate Schedule ......................................................................Exhibit F 11 Notary Certification ....................................................................................................Exhibit G 12 SB 1383 Compliance Programs..................................................................................Exhibit H 13 176
1 2
3 4
5 6
7 8 EXHIBIT A
9 10 Definitions
11 177
1 Exhibit A
2 DEFINITIONS
3 4 This Agreement will be construed in accordance with the following definitions. 5 Act
6 “Act” means the Act of 1989 (AB939) Public Resources Code, Section 40000 et seq., as it 7 may be amended from time to time.
8 Affiliate
9 “Affiliate” means all businesses (including corporations, limited and general partnerships 10 and sole proprietorships) which are directly or indirectly related to Contractor by virtue of 11 direct or indirect ownership interest or common management shall be deemed to be 12 “Affiliated with” Contractor and included within the term “Affiliates” as used herein. An 13 Affiliate shall include a business in which Contractor owns a direct or indirect ownership 14 interest, a business which has a direct or indirect ownership interest in Contractor and/or 15 a business which is also owned, controlled or managed by any business or individual 16 which has a direct or indirect ownership interest in Contractor. For purposes of 17 determining whether an indirect ownership interest exists, the constructive ownership 18 provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date 19 of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be 20 substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) 21 thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining 22 ownership under this paragraph and constructive or indirect ownership under Section 23 318(a), ownership interest of less than ten percent (10%) shall be disregarded and 24 percentage interests shall be determined on the basis of the percentage of voting interest or 25 value which the ownership interest represents, whichever is greater. 26 Agreement
27 “Agreement” means this Agreement, including any amendments, between the Town and 28 Contractor.
29 Billings
30 “Billings” means any and all statements of charges for services rendered, howsoever 31 made, described or designated by Contractor, or made by others for Town or Contractor, 32 to Owners or occupants of property, including Residential Property and commercial, 33 industrial and institutional Property, served by Contractor for the Collection of Solid 34 Waste, Recyclable Materials, and Organic Waste.
35 California Code of Regulations/CCR
36 "California Code of Regulations" or "CCR" means the State of California Code of 37 Regulations. CCR references are preceded with a number that refers to the relevant Title of 38 the CCR (e.g. "14 CCR" refers to Title 14 of CCR).
39 178
1 CalRecycle
2 “CalRecycle” means California's Department of Resources Recycling and Recovery, and 3 any successor agencies, which is the department designated with responsibility for 4 developing, implementing, and enforcing SB 1383 regulations on cities (and others). 5 Collect/Collection
6 “Collect” or “Collection” means to take physical possession, transport, and remove Solid 7 Waste, Recyclable Materials, and Organic Waste within and from the Service Area. 8 Commencement Date
9 “Commencement Date” means the date specified when Collection, Processing, and 10 Disposal services required by this Agreement shall be provided. 11 Commercial Business/Commercial Customer
12 “Commercial Business” or “Commercial Customer” means Waste Generators whose 13 business activity includes but is not limited to hotels, motor courts, restaurants, offices or 14 office buildings, stores, warehouses, factories, hospitals, assisted living facilities and all 15 other premises used for functions other than dwelling houses, or as otherwise defined in 16 14 CCR Section 18982(a)(6). A multi-family complex that consists of fewer than five (5) 17 units is not a commercial business for purposes of implementing this Agreement. 18 Complaint
19 “Complaint” means the written statement (prepared by the Town Administrator, if based 20 on oral statements made by members of the public or Owners or occupants of property) 21 made by members of the public, Owners or occupants of properties served by Contractor, 22 or officers, employees or agents of the Town alleging non-performance or deficiencies in 23 performance of Contractor’s duties and obligations under this Agreement, or otherwise 24 alleging a violation by Contractor of the provisions of this Agreement. 25 Compliance Review
26 “Compliance review” means a review of records by the town to determine compliance 27 with this section.
28 Composting (Compost)
29 “Composting” means a controlled biological decomposition of organic materials yielding a 30 safe and nuisance free compost product.
31 Construction and Demolition Debris
32 “Construction and Demolition Debris” includes waste building materials, packaging and 33 rubble resulting from construction, remodeling, repair or demolition operations on 34 pavements, houses, commercial and industrial buildings, and other structures and 35 improvements.
179
1 Containers
2 “Containers” means watertight metal or plastic objects with lids or covers, designed, and 3 used to hold MSW, recyclable materials, organic waste, or cooking oil/grease prior to 4 collection, provided by the town or authorized contractor. Containers include wheeled 5 carts with lids, bins, open-top roll-off boxes, compactors, and oil/grease tanks. 6 Contamination
7 “Contamination” means placing materials in a container that is labeled and intended for 8 storage of another type of material, and which would interfere with the processing of the 9 intended material.
10 Contractor
11 “Contractor” means Northern Recycling & Waste Services, a limited liability company 12 organized and operating under the laws of the State of California and its managers, 13 members, directors, employees, agents, companies and subcontractors. The members of 14 the limited liability company are: Recovery Products & Services, Inc., a California 15 corporation, Garbarino Northern Recycling & Waste Services, LLC, Pestoni Paradise City, 16 LLC and Garaventa Enterprises, Inc., a California corporation. 17 Contractor Compensation
18 “Contractor Compensation” means the revenue received by the Contractor from Billings 19 for providing services in accordance with this Agreement. 20 21 Contractor’s Proposal
22 “Contractor’s Proposal” means the proposal submitted by the Contractor and received on 23 April 7, 2006 by the Town in response to the Town’s February 2006 Request for Proposals 24 for the Solid Waste, Recyclable Material, and Yard Waste Collection, Processing and 25 Disposal Services and certain supplemental written materials, which are incorporated by 26 reference.
27 Cumulative Revenue Shortfall or Overage
28 “Cumulative Revenue Shortfall or Overage” means the sum of the Revenue Shortfall(s) 29 plus the sum of the Revenue Overage(s) calculated at the end of each Fiscal Year and 30 inclusive of the most recent Rate Year with any positive balance referred to as an 31 “overage” and any negative balance referred to as a “shortfall”. 32 Curbside
33 “Curbside” means the location of a Container for pick-up, not more than fifteen (15) feet 34 from the street curb. Where no street curb exists, the location shall be within five (5) feet 35 from the outside edge of the street nearest the property’s entrance. 180
1 Demolition Debris
2 “Demolition Debris” means used or discarded construction materials generated during the 3 razing or renovation of a structure.
4 Designated Waste
5 “Designated Waste” means non-hazardous waste which may pose special disposal 6 problems because of its potential to contaminate the environment and which may be 7 disposed of only in Class II disposal sites, or Class III disposal sites pursuant to a variance 8 issued by the California Department of Health Services. Designated Waste consists of those 9 substances classified as designated waste by the State of California, in 23 California Code 10 of Regulations Section 2522.
11 Dispose/Disposal
12 “Dispose” or “Disposal” means the ultimate disposition of Solid Waste collected by 13 Contractor at a Disposal Site in Full Regulatory Compliance. 14 Disposal Site(s)
15 “Disposal Site(s)” means the Solid Waste facility or facilities utilized for the ultimate 16 landfill Disposal of Solid Waste Collected by Contractor. The Neal Road Recycling and 17 Waste Facility owned by the County of Butte, shall be the initial designated Disposal Site 18 of Contractor as of the effective date of this Agreement. 19 Edible Food
20 “Edible Food” means food intended for human consumption, or as otherwise defined in 14 21 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 22 CCR Section 18982(a)(18), "edible food" is not MSW if it is recovered and not discarded. 23 Nothing in this chapter or in 14 CCR, Division 7, Article 12 requires or authorizes the 24 recovery of edible food that does not meet the food safety requirements of the California 25 Retail Food Code.
26 Effective Date
27 “Effective Date” means the date on which the latter of the two Parties signs the Agreement 28 and the date on which Contractor may begin to take actions and incur costs in preparation 29 to provide Collection, Processing, and Disposal services required by this Agreement. 30 Electronic Waste
31 “Electronic Waste” (E-Waste) means discarded electronic equipment such as, but not 32 limited to, television sets, computer monitors, central processing units (CPU’s), laptop 33 computers, external computer hard drives, computer keyboards, computer mice, computer 34 printers, DVD and VCR players.
181
1 Enforcement Action
2 “Enforcement action” means an action of the town to address non-compliance with this 3 article including, but not limited to, issuing administrative citations, fines, penalties, or 4 using other remedies.
5 Environmental Laws
6 “Environmental Laws” means all federal and state statutes, County, local and Town 7 ordinances concerning public health, safety and the environment including, by way of 8 example and not limitation, the Act, the Comprehensive Environmental Response, 9 Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation 10 and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; 11 the Toxic Substances Control Act, 15 USC §1601 et seq.; the Occupational Safety and 12 Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California 13 Health and Safety Code §25100 et seq.; the California Toxic Substances Control Act, 14 California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality 15 Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic 16 Enforcement Act, California Health and Safety Code §25249.5 et seq.; as currently in force 17 or as hereafter amended, and all rules and regulations promulgated there under. 18 Extra Services
19 “Extra Services” means services provided by Contractor beyond the standard subscribed 20 services to customers.
21 Facility/Facilities
22 “Facility/Facilities” means any plant or site, owned or leased and maintained, operated or 23 used by Contractor or the Town for purposes of performing Contractor’s obligations 24 under this Agreement.
25 Fiscal Year
26 “Fiscal Year” means the same as calendar year (January 1 through December 31). 27 Food Recovery
28 “Food Recovery” means actions to collect and distribute food for human consumption that 29 otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). 30 Food Recovery Organization
31 “Food Recovery Organization” means an entity that engages in the collection or receipt of 32 edible food from commercial edible food generators and distributes that edible food to the 33 public for food recovery either directly or through other entities or as otherwise defined in 34 14 CCR Section 18982(a)(25), including, but not limited to:
35 1. A food bank as defined in Section 113783 of the Health and Safety Code; 36 2. A nonprofit charitable organization as defined in Section 113841 of the Health 37 and Safety Code; and,
182
1 3. A nonprofit charitable temporary food facility as defined in Section 113842 of the 2 Health and Safety Code.
3 A food recovery organization is not a commercial edible food generator for the purposes 4 of this chapter and implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR 5 Section 18982(a)(7).
6 If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from 7 this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement. 8 Food Recovery Service
9 “Food Recovery Service” means a person or entity that collects and transports edible food 10 from a commercial edible food generator to a food recovery organization or other entities 11 for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery 12 service is not a commercial edible food generator for the purposes of this chapter and 13 implementation of 14 CCR, Division 7, Article 12 pursuant to 14 CCR Section 18982(a)(7). 14 Franchise
15 “Franchise” means the special right granted by the Town for the Collection of Solid Waste, 16 Recyclable Materials, and Organic Waste within the Service Area, the transportation of 17 such material to appropriate places of processing, Recycling, Composting and/or 18 Disposal, and the Processing of Recyclable Materials. 19 Franchise Fee
20 “Franchise Fee” means the fee paid by Contractor to the Town as rental for the use of 21 Town property, including, without limitation, the Town streets. 22 Franchised Services
23 “Franchised Services” means the Collection of Solid Waste, Recyclable Materials and 24 Organic Waste within the Service Area, the transportation of such material to appropriate 25 places of processing, Recycling, Composting, and/or Disposal and the Processing of 26 Recyclable Materials and Organic Waste.
27 Full Regulatory Compliance
28 “Full Regulatory Compliance” means compliance with all applicable permits for a Facility 29 such that the Contractor will at all time maintain the ability to fully comply with its 30 obligations under this Agreement.
31 Garbage
32 “Garbage” means putrescible animal, fish, food, fowl, fruit or vegetable matter, or any 33 form thereof, resulting from the preparation, storage, handling, or consumption of such 34 substances.
35 Generator
36 “Generator” means any person as defined by the Public Resources Code, whose act or 37 process produced Solid Waste, Recyclable Materials, or Organic Waste as defined in the 183
1 Public Resources Code, or whose act first causes Solid Waste to become subject to 2 regulation.
3 Gross Revenues
4 “Gross Revenues” means any and all revenue or compensation in any form to Contractor 5 or other Affiliates of Contractor, for services performed pursuant to this Agreement, 6 determined in accordance with Generally Accepted Accounting Principles, including, but 7 not limited to, service recipient fees for Collection of Solid Waste, Recyclable Materials and 8 Organic Waste within the Service Area, the transportation of such material to appropriate 9 places of processing, Recycling, Composting, and/or Disposal and the Processing of 10 Recyclable Materials and Organic Waste without subtracting Franchise Fees or any other 11 cost of doing business.
12 Gross Revenues Collected
13 “Gross Revenues Collected” means cash receipts collected by the Contractor for the 14 Collection of Solid Waste, Recyclable Materials, and Organic Waste within the Service 15 Area, the transportation of such material to appropriate places of processing, Recycling, 16 Composting and/or Disposal, and the Processing of Recyclable Materials, without 17 subtracting Franchise Fees or any other cost of doing business. 18 Hazardous Substance
19 “Hazardous Substance” shall mean any of the following: (a) any substances defined, 20 regulated or listed (directly or by reference) as “Hazardous Substances”, “hazardous 21 materials”, “Hazardous Wastes”, “toxic waste”, “pollutant” or “toxic substances” or 22 similarly identified as hazardous to human health or the environment, in or pursuant to (i) 23 the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 24 USC §9601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC 25 §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) 26 the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115- 27 25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) 28 California Water Code §13050; (b) any amendments, rules or regulations promulgated 29 there under to such enumerated statutes or acts currently existing or hereafter enacted; 30 and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant 31 identified as hazardous or toxic or regulated under any other applicable federal, state or 32 local Environmental Laws currently existing or hereinafter enacted, including, without 33 limitation, friable asbestos, polychlorinated biphenyl’s (“PCBs”), petroleum, natural gas 34 and synthetic fuel products, and by-products.
35 Hazardous Waste
36 “Hazardous Waste” means all MSW defined or characterized as hazardous waste by the 37 Federal Solid Waste Disposal Act, as amended, including the Resource Conservation and 38 Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.) and all future amendments thereto, 39 or regulations promulgated thereunder; all MSW defined or characterized as hazardous 40 waste by the principal agencies of the state (including without limitation the department 41 of health services and the California Integrated Waste Management Board) having 42 jurisdiction over hazardous waste generated by facilities with the state, and pursuant to 184
1 any applicable state or local law or ordinance, and all future amendments thereto, or 2 regulations promulgated thereunder, including without limitation the California 3 Integrated Solid Waste Management Act of 1989; radioactive wastes; any sewage sludge or 4 other residue from wastewater treatment facilities; those substances or items which 5 require special or extraordinary handling or disposal due to their hazardous, harmful, 6 toxic or dangerous character or quality; and those substances and items which are not 7 normally disposed of by generally accepted sanitary landfill disposal methods. 8 Household Hazardous Waste
9 “Household Hazardous Waste” means Hazardous Waste generated at Residential 10 Premises within the Service Area.
11 Inspection
12 “Inspection” means an action or site visit where the town reviews records, containers, and 13 an entity's collection, handling, recycling, or landfill disposal of MSW, recyclable material, 14 organic waste, or edible food handling to determine if the entity is complying with 15 requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 16 18982(a)(35).
17 Materials Recovery Facility (MRF)
18 “Materials Recovery Facility” means a permitted Facility where Solid Waste, Recyclable 19 Materials, or Organic Waste are sorted or separated for the purposes recovering reusable 20 or Recyclable Materials.
21 Missed Pick-up
22 “Missed Pick-up” means failure of Contractor to pick up Solid Waste, Recyclable 23 Materials, and/or Organic Waste that has been set out by the customer at the time, at the 24 weight, in the volume, in the proper container, with the lawful contents in accordance with 25 this Agreement, and at the prescribed level of service, as mutually agreed upon by the 26 customer and Contractor.
27 Multi-Family Complex
28 “Multi-Family Complex” means a residential premises with five (5) or more dwelling 29 units. Multi-family premises do not include hotels, motels, or other transient occupancy 30 facilities, which are considered commercial businesses. 31 Municipal Solid Waste/MSW
32 “Municipal Solid Waste” or “MSW” means all fractions of discarded putrescible and non33 putrescible solid, semi-solid and liquid wastes, including trash, refuse, paper, rubbish, 34 ashes, industrial wastes, construction and demolition debris, discarded home and 35 industrial appliances, manure, vegetable or animal solid and semi-MSWs, and other 36 discarded substances or materials. MSW does not include:
37 A. Hazardous waste, as defined in the State Public Resources Code Section 40141. 185
1 B. Low-level radioactive waste regulated pursuant to the State Radiation Control 2 Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the 3 State Health and Safety Code).
4 C. Untreated medical waste which is regulated pursuant to the State Medical Waste 5 Management Act (Part 14 (commencing with Section 117600) of Division 104 of 6 the State Health and Safety Code). Untreated medical waste shall not be disposed 7 of in a MSW landfill, as defined in State Public Resources Code Section 40195.1. 8 Medical waste that has been treated and deemed to be MSW shall be regulated 9 pursuant to Division 30 of the State Public Resources Code. 10 D. Recyclable materials which have been source or type-separated from other waste 11 material.
12 Occupant
13 “Occupant” means the Person who occupies a Premises. 14 Operating Expenses
15 “Operating Expenses” means all of Contractor’s direct costs which are necessary to 16 perform the services under the Agreement including, but not limited to, labor, equipment, 17 materials and supplies, fuel, insurance, depreciation, and taxes and general and 18 administrative overhead.
19 Operating Ratio
20 “Operating Ratio” means 90.5% (.905).
21 Operating Ratio Quotient
22 “Operating Ratio Quotient” means the quotient resulting from the total Operating 23 Expenses over the Operating Ratio. By way of example if Operating Expenses total 24 $,1,900,000 then the Operating Ratio Quotient is $2,099,447.50. (1,900,000 / .905 = 25 2,099,447.50).
26 Organic Waste
27 “Organic Waste” means MSWs containing material originated from living organisms and 28 their metabolic waste products, including but not limited to food, green material, 29 landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, 30 printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise 31 defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR 32 Section 18982(a).
33 Other Fees
34 “Other Fees” means fees paid by the Contractor at the direction of the Town, including but 35 not limited to, a Vehicle Impact Fee.
186
1 Owner (Ownership)
2 “Owner” means the legal owner of real property; and as used in this chapter the singular 3 shall include the plural, and shall include an individual, a firm, an association, a 4 corporation, a partnership and the lessees, trustees, agents, employees, servants and 5 representatives of any such owner. Proof of the assessment of any real property, the 6 subject of this chapter, to any person or legal entity on the official assessor's rolls shall 7 constitute prima facie evidence that such person or legal entity to whom such property is 8 so assessed is the legal owner thereof.
9 Party (Parties)
10 “Party” refers to the Town and Contractor, individually or together (Parties). 11 Pass-Through Costs
12 “Pass-Through Costs” means those costs that, under the Agreement, Contractor is 13 obligated to pay without markup or profit and includes: disposal and processing fees, 14 depreciation, interest paid on debt and costs associated with complying with current or 15 then existing laws or regulations of any governing jurisdiction. 16 Person
17 “Person” means any individual, firm, association, organization, partnership, corporation, 18 business trust, joint venture, the United States, the State of California, the County of Butte, 19 towns, cities, or special purpose districts.
20 Premises
21 “Premises” means any land, or building in Service Area where Solid Waste, Recyclable 22 Materials or Organic Waste is generated or accumulated. 23 Processing
24 “Processing” means to prepare, treat, or convert through some special method. 25 Processing Facility (site)
26 “Processing Facility” means a permitted Facility where Organic Waste or Recyclable 27 Materials are processed for reuse, recycling, composting, mulching, transformation or 28 purpose other than Disposal.
29 Rates
30 “Rates” means the unit to be charged customers by Contractor for providing the Collection 31 of Solid Waste, Recyclable Materials, and Organic Waste within the Service Area, the 32 transportation of such material to appropriate places of processing, Recycling, Composting 33 and/or Disposal, and the Processing of Recyclable Materials. Rates may be adjusted time 34 to time in accordance with this Agreement.
35 Rate Year
36 “Rate Year” means the twelve-month period, commencing July 1, of one year and 37 concluding June 30 of the same year, for which Contractor compensation is calculated. 187
1 Recyclable Materials
2 “Recyclable Materials” means material which otherwise would become or be treated as 3 MSW but which, by means of a process of collecting, sorting, cleansing, treating and 4 reconstructing, may be returned to the economic mainstream in the form of finished or 5 source material for new, reused or reconstituted products, which may be used in the 6 marketplace. "Recyclable materials" includes paper, books, magazines, cardboard, box 7 board, plastic, metal, glass, and other similar materials authorized by the town for 8 collection by the authorized contractor.
9 Recycling
10 “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting 11 discarded materials which meet the quality standards necessary to be re-used, 12 remanufactured or processed. The Collection, transportation or Disposal of Solid Waste 13 not intended for, or capable of, reuse is not Recycling. 14 Related Party Entity
15 “Related Party Entity” means any Affiliate which has financial transactions with 16 Contractor pertaining to this Agreement.
17 Residential
18 “Residential” shall mean of, from, or pertaining to a Single-Family or Multi-Family 19 Dwellings and Premises including single-family homes, apartments, condominiums, 20 townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors 21 and marinas where residents live aboard boats.
22 Residential Property
23 “Residential Property” means property used for residential purposes. 24 Revenue Requirement
25 “Revenue Requirement” means the sum of the Operating Ratio Quotient plus the Pass26 Through Costs. 27 Revenue Shortfall or Revenue Overage
28 “Revenue Shortfall or Revenue Overage” means (for any Rate Year) the deficit, if any, of 29 the Revenue Requirement less the Gross Revenues Collected; and “Revenue Overage” 30 shall mean (for any Fiscal Year) the surplus, if any, of the Gross Revenues Collected less 31 the Revenue Requirement.
32 Route Review
33 “Route Review” means a visual inspection of containers along a hauler route for the 34 purpose of determining container contamination and may include mechanical inspection 188
1 methods such as the use of cameras, or as otherwise defined in 14 CCR Section 2 18982(a)(65).
3 SB 1383
4 “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 5 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety 6 Code, and added Article 13.1 (commencing with Section 42652) to Part 3 of Division 30 of 7 the Public Resources Code, establishing methane emissions reduction targets in a 8 statewide effort to reduce emissions of short-lived climate pollutants as amended, 9 supplemented, superseded, and replaced from time to time. 10 SB 1383 Regulations
11 “SB 1383 Regulations” means or refers to, for the purposes of this Agreement, the short12 lived climate pollutants: organic waste reduction regulations developed by CalRecycle and 13 adopted in 2020 that created 14 CCR, Division 7, Article 12 and amended portions of 14 regulations of 14 CCR and 27 CCR.
15 Service Area
16 “Service Area” means that territory within the Town of Paradise with respect to which the 17 Town exercises franchising authority for the Collection of Solid Waste, Recyclable 18 Materials and Yard, the transportation of such material to appropriate places of 19 processing, Recycling, Composting, and/or Disposal and the Processing of Recyclable 20 Materials and Organic Waste which territory is shown on a map on file in the office of the 21 Town Administrator, to which reference is hereby made for the description of said area. 22 Service Suspension
23 “Service Suspension” means an option for a residential customer to elect to stop service for 24 an extended period of time due to Premises being vacant. Absent period must be greater 25 than four (4) weeks and may only occur two times per year. 26 Single Family Dwellings
27 “Single Family Dwellings” means each Premises used for or designated as a single family 28 residential dwelling, including each unit of a duplex, triplex or townhouse condominium 29 in all cases in which there is separate or individual Solid Waste, Recyclable Materials, and 30 Organic Waste Collection are provided separately to each dwelling unit. 31 Solid Waste
32 “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid 33 wastes, as defined in California Public Resources Code §40191, as that section may be 34 amended from time to time. For the purposes of this Agreement, “Solid Waste” does not 35 include abandoned vehicles and parts thereof, Hazardous Waste or low-level radioactive 36 waste, medical waste, Recyclable Materials, or Organic Waste. 189
1 Solid Waste Committee
2 “Solid Waste Committee” means two Town council members and the Town Manager or his/her 3 designee.
4 5 State
6 “State” means the State of California.
7 Source Separated
8 “Source Separated” means materials, including commingled recyclable materials, that 9 have been separated or kept separate from the MSW stream, at the point of generation, for 10 the purpose of additional sorting or processing those materials for recycling or reuse in 11 order to return them to the economic mainstream in the form of raw material for new, 12 reused, or reconstituted products, which meet the quality standards necessary to be used 13 in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the 14 purposes of this chapter, source separated shall include separation of materials by the 15 generator, property owner, property owner's employee, property manager, or property 16 manager's employee into different containers for the purpose of collection such that source 17 separated materials are separated from gray container waste or other MSW for the 18 purposes of collection and processing.
19 Term
20 “Term” means the time period of this Agreement.
21 Town
22 “Town” means the Town of Paradise a municipal corporation of the State of California, 23 and all the territory lying within the municipal boundaries of the Town as presently 24 existing or as such boundaries may be modified, named a party to this Agreement. 25 Town Administrator
26 “Town Administrator” means the Town Manager or his or her designee. 27 Transfer Station
28 “Transfer Station” means a Facility primarily used for the purpose of transferring Solid 29 Waste from collection vehicles to transfer vehicles (but which may include recovery 30 attributes) to more efficiently transport said Solid Waste to its ultimate Disposal Site. 31 Universal Waste
32 “Universal Waste” means Universal Waste as defined in California Code of Regulations 33 Title 22, Division 4.5, Ch 11, Article 1, §66261.9. Included in the definition are, but are not 34 limited to, common household batteries, fluorescent tubes and bulbs and other mercury35 containing lamps, thermostats, electronic devises, electrical switches and relays, pilot light 36 sensors, mercury gauges, mercury-added novelties, mercury thermostats and non-empty 37 aerosol cans that contained hazardous materials.
38 190
1 Waste Generator
2 “Waste Generator” means any Person, whose act or process produced Solid Waste, or 3 whose act first causes Solid Waste to become subject to regulation. 4 Yard Waste
5 “Yard Waste” means a subset of organic Recyclable Materials consisting of grass cuttings, 6 weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees (not 7 more than six (6) inches in diameter) and four (4) feet in length, and similar materials 8 generated at Premises within the Service Area, separated and set out for Collection, 9 processing, and Recycling. Yard Waste does not include materials not normally produced 10 from farms, gardens or landscapes, such as, but not limited to, brick, rock, gravel, large 11 quantities of dirt, concrete, sod, non-organic wastes, oil, and painted or treated wood or 12 wood products. Diseased plants and trees are also excluded from Yard Waste. 13 191

EXHIBIT B
Town Facilities /
Special Events
192
Exhibit B

TOWN FACILITIES / SPECIAL EVENTS
Town of Paradise Facilities/Locations and Service Levels Facility Location Service Level
Fire Station No. 81 &
Police Station
767 Birch Street /
5595 Black Olive Dr
3-yd Container,
Recycling and Organic
Waste Carts
Fire Station No. 82 5545 South Libby Road
2-yd Container,
Recycling and Organic
Waste Carts
Fire Station No. 83
1250 Wagstaff Road; or at CDF
facility – Forest Service Road
2-yd Container,
Recycling and Organic
Waste Carts
Building Resiliency Center 6295 Skyway 2-yd Container and Recycling
Town Hall 5555 Skyway
Trash, Recycling, &
Organic Waste Carts, &
2-yd Cardboard bin
Paradise Animal Shelter &
Town Public Works Yard 925 American Way
2-yd Container,
Recycling and Organic
Waste Cards
Paradise Community Park NE corner of Black Olive Drive & Pearson Road intersection
Roll Carts and/or
Fixed Small Containers
Paradise Memorial Trailway Locations (3 or 4) along trailway (near public road intersections)
Roll Carts and/or
Fixed Small Containers
Bus Stop Skyway in front of
Town Hall building
Roll Carts and/or
Fixed Small Containers
Bus Stop Skyway in front of Terry Ashe
Recreation Center, 6626 Skyway
Roll Carts and/or
Fixed Small Containers
Bus Stop Skyway in front of
Les Schwab Tire Store
Roll Carts and/or
Fixed Small Containers
Bus Stop Clark Road in front of
Paradise Plaza shopping center
Roll Carts and/or
Fixed Small Containers
Bus Stop Bank building near Clark Road &
Wagstaff Road intersection
Roll Carts and/or
Fixed Small Containers
Special Events
Johnny Appleseed Days
Gold Nugget Days
Chocolate Festival
Party in the Park
193

EXHIBIT C
Contractor Public Education Plan
194
Public Education Plan
Public Education Programs
Northern Recycling will educate the public on our comprehensive services, as well as provide information about increased recycling options and resources. This public education will be accomplished through direct contact with customers, effective marketing and PR materials, advertising in the local media, involvement in community events, and diverse recycling activities. Northern Recycling will offer expanded recycling programs -from curbside single-stream collection to increased sourceseparated debris box options.

Northern Recycling' s public education will include:
 Informational brochure and other outreach materials
 Expanded, single-stream recycling educational information and outreach  Quarterly Northern Recycling newsletter
 Outreach to residential customers through mailings, advertising, and community events  Direct outreach to all commercial and multi-family accounts  Recycling educational programs and tours
 Organic waste education and composting classes
 Hazardous waste/universal waste recycling management plan  Information about the expanded source-separated debris box collection  School presentations and tours
The combination of these methods will dramatically increase diversion in Paradise/Butte County, as well as provide comprehensive information about all of Northern Recycling's services. We fully expect that curbside recycling collection, expanded business outreach and recycling, organic waste collection, and increased source-separated debris box service will push diversion rates past 50 percent.

Northern Recycling will use a variety of public outreach methods to assure that all residents and businesses receive all the information about the service change and new recycling options.

Northern Recycling will begin advertising, attending community events,distributing literature, and mailing service information immediately after the awarding of the service contract. 'Ibis comprehensive public education program will continue through the entire transition process.

Public education materials distributed will include:
 Quarterly newsletter
 Direct mailings
195
 Brochures
 Billing inserts
 Recycling posters
 Recycling stickers
 Community mailing advertisements
 Newspaper a d v e r t i s e m e n t s
 Social media advertising
 Presentations
 informational booths at community events
Presentations
Northern Recycling will conduct recycling outreach and public education presentations at various community events, schools, businesses, and more. Northern Recycling will build on already established presentation plans and experience, and conduct fruitful outreach to the Paradise/Butte County community. Northern Recycling will work with the Town and County to identify community groups and will contact the community groups directly to schedule presentations. Service information and recycling outreach will be given at the presentations, questions will be fielded, and various informational brochures and handouts will be distributed. Northern Recycling will continue to contact groups and businesses regarding presentations, as well as granting any presentation requests from the public. Additionally, Northern Recycling will work with schools and teachers to conduct recycling education and tours with student groups. Informational materials will be continuously created and updated in order to provide the most effective information to the public.

Participation at Town/County Events
Northern Recycling will provide informational materials and face-to-face education and support at the Fourth ofJuly Street Fair,Johnny Appleseed Days, and ongoing community events.

Northern Recycling will work with the Town and County to provide public outreach and MSW. Recycling, and organic waste collection services and Town and County public events. Additionally, Northern Recycling will have a comprehensive special event-recycling program that provides waste and recycling consulting and MSW, recycling, and organic waste services to all special events, fairs, and festivals. Northern Recycling will work with event producers, vendors, and the general public to divert a significant amount of special event waste and educate the public on waste reuse, reduction, and recycling. This will include a pilot program for food waste collection at certain, qualifying events.

Northern Recycling will also organize several community events, including a free electronic waste drop-off event, a household hazardous waste collection event, a bulky ·item collection event, and an organic waste collection and composting event.

All events will be advertised through the quarterly newsletter, billing inserts, and 196
other advertising mediums. Northern Recycling will work together with the Town and County to organize successful events and to promote the year-round drop off options at the hazardous waste facility. Northern Recycling will provide service and support for additional community cleanup events throughout the year.

Recycling Outreach and Waste Audits
Northern Recycling will conduct recycling outreach in order to increase recycling rates, decrease contamination, and educate the public on all facets of the recycling program. This will include information about our collection services, as well as expanded information about reduction, reuse, and recycling options. Outreach materials will be designed and distributed to residents, multi-family accounts, and commercial businesses.

Northern Recycling will conduct site visits of commercial businesses which will include service level recommendations and tips on increased recycling.Businesses will always be encouraged to increase recycling as a money saving initiative. Northern Recycling will provide personalized service in order to maximize recycling rates at these businesses. Northern Recycling will continue to visit at least 20 percent of the commercial and multi-family accounts annually and conduct waste audits.

Northern Recycling will also conduct on-site assessments and trainings for any business upon request. This service will be announced through billing inserts, the newsletter, and other outreach. Northern Recycling will partner with the Paradise Ridge Chamber of Commerce and other business groups to connect with all area businesses.

Additionally, Northern Recycling will education the public and businesses about the recycling and cost saving benefits of source-separated debris boxes. This information will be distributed through the quarterly newsletter, billing inserts, brochures, and other outreach
197

EXHIBIT D
Payments to Town
198

EXHIBIT D

PAYMENTS BY CONTRATOR

1. Franchise Fees
Contractor shall pay a monthly Franchise Fee using the following %’s:

Town of Paradise 7%
199

EXHIBIT E
Rate Adjustment
Methodology
200
Exhibit E

RATE ADJUSTMENT METHODOLOGY
General
Pursuant to Section 6.02(B), the Solid Waste Collection Rate shall be adjusted on an annual basis, as follows:

1. On or before June 1 of each Rate Year the Contractor will calculate for the Rate Year ending June 30:
a. The Total Operating Expenses;
b. The Total Pass-Through Costs;
c. The Gross Revenues Collected; and
d. The Revenue Requirement (equal to the Operating Ratio Quotient plus the Pass-Through Costs).

2. To the extent that the Revenue Requirement exceeds the Gross Revenues Collected then such amounts shall be included in the total Revenue Shortfall for such Rate Year and shall be added to the Cumulative Revenue Shortfall. To the extent that Gross Revenues exceeds the Revenue Requirement then such amounts shall be included in the total Revenue Overage and shall be credited against any Cumulative Revenue Shortfall OR added to the Cumulative Revenue Overage.

3. The Contractor shall provide a Notice of Rate Adjustment based on the calculations contained in 1 and 2 above. The Notice of Rate Adjustment shall set the Monthly Collection Rate Adjustment for the following Rate Year provided, however, that in no event shall any annual increase exceed the Rate Caps as described in Section 6.03(B) and restated as:
2024 through 2027 – 8% per annum
2028 through 2032 – 5% per annum
2033 through 2040 – 2.5% per annum
The calculation of rates contained in the Notice of Rate Adjustment shall assume that any Cumulative Revenue Shortfall be recaptured and paid to the Contractor over a period of ten (10) years. If there exists fewer than ten (10) years in the remaining term of this Agreement, then the Notice of Rate Adjustment for such years shall assume that any Cumulative Revenue Shortfall be repaid during the remaining term of the Agreement.

In addition to the annual rate adjustments and in conformance with the terms of Exhibit H (SB 1383 Compliance Programs), the Rate Schedule shall further be adjusted as follows when collection of Mixed Organics from Commercial and Residential Generators has commenced:

10.45% increase over standard Residential rates

41.29% increase over standard Commercial rates
201
Figure 1 includes a format and example of calculating the Cumulate Revenue Shortfall or Overage along with the calculation of Operating Ratio and Operating Ratio Quotient.

Notice of Rate Adjustment Requirements
In submitting its Notice of Rate Adjustment for the Solid Waste Collection Rate Schedule the Contractor is required to provide the following information:
- The Total Operating Expenses;
- The Total Pass-Through Costs;
- The Gross Revenues Collected;
- The Revenue Requirement (equal to the Operating Ratio Quotient plus the PassThrough Costs); - Documentation of any Cumulative Revenue Shortfall or Cumulative Revenue Overage;
- Proposed Rate;
- Copies of the current Residential, Commercial and Debris Box Collection Rate Schedule.
202
Figure 1

FORMAT FOR CALCULATING THE CUMULATIVE

REVENUE SHORTFALL OR OVERAGE

NORTHERN RECYCLING & WASTE

SERVICES, LLC

TOWN OF PARADISE FRANCHISE

NEW RATE METHODOLOGY
YEAR
Operating Expenses $ 1,731,393
Operating ratio 0.905 $ 1,913,141
Pass-through Costs:

Disposal & Processing $ 340,117
Franchise Fee $ 125,658
Depreciation $ 136,549
Interest $ 71,126
Total $ 673,450
Revenue requirement $ 2,586,591
PY Shortfall or (Overage) (10%)
Revenue requirement - Adjusted $ 2,586,591
Net revenue $ 1,748,833
Revenue shortfall/(overage) $ 837,758
Rate increase (decrease) 47.9%
Revenue shortfall/(overage) incl PY shortfall $ 837,758 Rate increase - adjusted 47.9%
Cumulative revenue under/over collected $ -
203

EXHIBIT F
Solid Waste Collection
Rate Schedule
204
Town of Paradise
Exhibit F
Solid Waste Collection Rates
July 1, 2024
Residential (includes solid waste, recycling and yard waste) 35-gallon – Care Rate* $ 29.49
35-gallon $ 33.66
65-gallon $ 43.76
95-gallon $ 48.83
* Service recipient must show proof annually of participation in PG&E’s Care Program at the same service location.

Commercial carts
35-gallon $ 35.07
35-gallon Multi-Family $ 29.49
65-gallon $ 47.87
95-gallon $ 65.15
2ea. 95-gallon $ 108.77
Commercial – 1 Yard
1 p/u per week $109.72
2 p/u per week $169.55
3 p/u per week $228.86
4 p/u per week $288.72
5 p/u per week $347.39
6 p/u per week $406.80
Commercial – 1.5 Yards
1 p/u per week $132.55
2 p/u per week $208.40
3 p/u per week $268.74
4 p/u per week $348.80
5 p/u per week $414.85
6 p/u per week $472.58
Commercial – 2 Yards
1 p/u per week $149.97
2 p/u per week $255.05
3 p/u per week $341.71
4 p/u per week $418.04
5 p/u per week $499.54
6 p/u per week $585.87
Commercial – 3 Yards
1 p/u per week $185.16
2 p/u per week $309.60
3 p/u per week $434.59
205
Town of Paradise
Exhibit F
Solid Waste Collection Rates
July 1, 2024
4 p/u per week $568.99
5 p/u per week $670.49
6 p/u per week $789.12
Commercial – 4 Yards
1 p/u per week $228.42
2 p/u per week $389.36
3 p/u per week $546.20
4 p/u per week $713.79
5 p/u per week $875.23
6 p/u per week $1,036.55
Commercial – 6 Yards
1 p/u per week $267.70
2 p/u per week $498.74
3 p/u per week $719.49
4 p/u per week $929.85
5 p/u per week $1,140.23
6 p/u per week $1,360.97
Insta-bins
4 yards $167.75
6 yards $211.94
All commercial customers will be charged an additional $4.35 per month to support the Town’s Vegetative Waste Facility.

Debris Box – Haul Charge Only. Disposal will be added based upon the current tip fee at Neal Road Landfill or authorized dump site.

Open top:
10 cubic yards $364.15/per pull
20 cubic yards $364.15/per pull
30 cubic yards $364.15/per pull
40 cubic yards $364.15/per pull
Closed top & Compactor:
10 cubic yards $394.38/per pull
20 cubic yards $394.38/per pull
30 cubic yards $394.38/per pull
40 cubic yards $394.38/per pull
206
Town of Paradise
Exhibit F
Solid Waste Collection Rates
July 1, 2024
Special Charges:

Extra Pickup on-route (30-gallon bag or box) $5.00 each item or $15.00 per yard
Extra Pickup off-route residential Cart $33.00 per container Extra Pickup off-route commercial Bin $33.00 per yard
Bulky Item flatbed pickup (Small to Medium Non-freon) $33.00 (1st item) $15.00 each after
Bulky Item flatbed pickup (Large Non-freon) $45.00 (1st item) $25.00 each after
Bulky Item flatbed pickup (freon containing) $75.00 (1
st item) $45.00 each
after
Lock / Enclosure Service $2.50 per service per month
Lock Sale & delivery (Customer provided combo only) $35.00 each Container Push out Charge (0-10 feet no fee) $5.00 per month / X every 10 feet
Cart Exchange / Cleaning $45.00 each container
1-6 yard Bin Exchange / Cleaning $90.00 each container
Cut-Off / Re-Establish service container re-delivery $35.00 each container Overage Cart (over lid top by 10” with photo) $8.00 each container per occurrence
Overage 1–6-yard bin (over lid top by 10” with photo) $25.00 per yard Weight Overage exceeding 300 lbs. per Yard Current tip rate per ton Additional Recycle or Organics Cart (must retain 6 months min.) $9.00 per cart Additional Debris box & Insta-Bin days ($250.00 per mo. Max.) $15.00 per day per container Contamination Fee (Exceeding 10% after two written warnings) $35.00 each occurrence Container Damage / Replacement or loss caused by customer $75.00 per cart / $350 per yard (1-6 yd)
Walk in residential (No annual medical Waiver) 5 - 100 feet $25.00 per month 101- 200 feet $50.00 per month
201’ – beyond negotiated collection location
Consideration due to additional collection costs and fluctuating recycling markets:

Commercial Bin Recycling 1-6 yard: 40% or 50% MSW collection rates 207

EXHIBIT G
Notary Certification
208
Exhibit G

NOTARY CERTIFICATION

STATE OF CALIFORNIA
COUNTY OF ss:

On , , before me, the undersigned, a Notary Public in and for the State of California, Personally appeared
, known to me to be the
of Contractor that executed the within
instrument on behalf of the Contractor therein named, and acknowledged to me that such Contractor executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of this day of , .

Notary Public
My Commission Expires:
209

EXHIBIT H
SB 1383 Compliance Programs
210
SB 1383 Compliance Programs
To support the Town in complying with regulations under SB 1383, Contractor shall implement the programs identified in this Exhibit H. These programs are designed to meet the implementation and education requirements of SB 1383 and help the Town achieve annual diversion requirements set by CalRecycle. The Town’s actual annual diversion rate depends on participation of businesses, residents, their respective adherence to program requirements and local code, the Town’s enforcement of applicable codes, and the Town’s implementation of other programs outside the scope of this Agreement. Accordingly, the Town shall amend or update the Town code to incorporate requirements necessary for the implementation of these programs.

1. Collection Requirements and Container Labeling
Collection of Mixed Organics from Commercial and Residential Generators shall commence at such time as an organic waste transload facility is operational at the Neal Road Recycling & Waste Facility or by September 1, 2024, whichever comes first.

Contractor shall provide a 3-container collection program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such are hinges and wheels may be different colors.

New containers or lids placed by the Contractor shall include language or graphic images, or both, that indicate the primary materials accepted and primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited container contaminants for each container.

2. Education and Outreach
To promote public education about recycling and organics requirements, Contractor shall create public education materials and conduct education programs and activities described in this Section.

Annual Notice: Contractor shall prepare and distribute to each Generator in the Town a mailer that includes information specified in 14 CCR Section 18985.1(a).

Such mailer shall be distributed by Contractor to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Contractor shall also make this notice available in an electronic format through the Contractor’s website.
211
Instructional Service Guide: Contractor shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays.

Property Owners and Businesses: Contractor shall annually provide Property Owners and Commercial Business owners with public education materials in electronic format for their distribution to all employees, contractors, tenants, and Customers of the properties and businesses. The Contractor’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirements of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. In this case, the Commercial Business or Multi-Family Property Owner may request delivery of materials by contacting the Contractor’s customer service department not later than two (2) weeks in advance of the date that the materials are needed.

Technical Assistance Program: Contractor shall provide ongoing technical assistance for Commercial and Multi-family generators that are required to participate in source separated recycling under applicable laws including AB 341, AB 1826, and SB 1383 and corresponding regulations. Technical assistance may include on-site training, instructional guides, printed or electronic materials and other resources that satisfy regulation requirements.

Contamination Monitoring: Contractor shall perform daily contamination inspections by utilizing on-board monitoring systems or physical container inspections. For physical container inspections, Contractor’s personnel shall lift the Container lid and observe the contents. For Collection vehicles equipped with a video camera and monitoring system, Contractor’s personnel shall observe, via the hopper video camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle.

Contamination Notices: If Prohibited Container Contaminants exceed ten (10) percent in a Single-Stream Recyclable Materials Container or an Organic Materials Container, Contractor shall work with the Customer or on-site property manager to reduce Contamination. Drivers of Collection trucks shall take pictures of loads exceeding the ten (10) percent Contamination limit. Contractor shall record Contamination incidents on Customer accounts to include date of incident, record of picture taken, and type of Contamination.

Upon identification of Prohibited Container Contaminants in a Customer’s Container Contractor shall place a written notice on each contaminated container or gate or door of the Premises; and send Customers a letter stating date and nature of 212
Contamination and shall include a copy of the picture(s). The notice and letter shall be pre-approved by the Town. Notices and letters shall also include actions that may be taken by Customers to correct the identified problem and a telephone number to contact to arrange for Collection. Contractor shall Collect within twentyfour (24) hours, once the reason or reasons for initial non-Collection are cured.

Contractor shall provide a quarterly list of accounts receiving a Contamination notice to the Town for follow-up. Contractor shall charge for three or more Contamination incidents after Customer receives two written warnings for Contamination within one calendar year at a Contamination Processing Fee established by the Town.

Contractor will coordinate with the Town to develop procedures regarding alleged violations of these recycling programs.

3. Procurement
At Town option, Contractor agrees to provide the Town with any available procurement credits from renewable fuel purchases used by vehicles within the Town.

4. Commercial and Multi-Family Waivers
A. General
The Town may grant waivers described in this Section to Commercial Customers or Multi-Family Residential Customers that impact the scope of Contractor’s provision of service for those Customers; provided, the Generator shall continue to subscribe with Contractor for franchised Collection services to the extent such services are not waived by the Town. Waivers issued shall be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the Town.

B. Minimis Waivers
The Town may waive a Commercial Customer or Multi-Family Residential Customer’s obligation to comply with some or all of the Recyclable Materials and Organic Materials requirements set forth in this Agreement, SB 1383, and of the Town Code if the Customer provides documentation or the Town has evidence demonstrating one of the following de minimis conditions:

1. The Commercial Customer or Multi-Family Residential Customer’s total Discarded Materials Collection service is two (2) cubic yards or more per week, and Organic Waste subject to Collection in an Organic Materials Container comprises less than twenty (20) gallons per week, per applicable Container, of the Customer’s total waste; or,
213

2. The Commercial Customer or Multi-Family Residential Customer’s total Discarded Materials Collection service is less than two (2) cubic yards per week, and Organic Waste subject to Collection in an Organic Materials Container comprises less than ten (10) gallons per week, per applicable Container, of the Customer’s total waste.

C. Space Waivers
The Town may waive a Commercial Customer or Multi-Family Residential Customer’s obligation to comply with some or all of the Solid Waste, Recycling and Organic Waste Collection service requirements if the Town has evidence from its own staff, Contractor, a licensed architect, or a licensed engineer demonstrating that the Customer’s Premises lacks adequate space for the Collection Containers required for compliance with such requirements.

A Commercial Customer or Multi-Family Residential Customer may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.

2. Provide documentation that the Premises lacks adequate space for one or more Containers, including documentation from Contractor, a licensed architect, or a licensed engineer.

3. Provide written verification to the Town that it is still eligible for a physical space waiver every five (5) years if the Town has approved a previous application for a physical space waiver.

Contractor shall provide the Town with required generator information on services and activity that is needed as part of the waiver application. Contractor may also assist generators with waiver applications or submit on their behalf.

5. Edible Food Recovery
Contractor shall provide the Town with necessary data and reporting to determine which customers are considered Tier 1 and Tier 2 commercial edible food generators.

At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
 Information about the Town’s Edible Food Recovery program;  Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
 Information about Food Recovery Organizations and Food Recovery 214
Services operating within the Town, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,  Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

6. Reporting
Contractor will provide the data and/or prepare reports required to meet SB 1383 requirements which includes, but is not limited to:
 The number of generators that receive organic waste collection service;  The number of route reviews conducted for prohibited container contaminants;
 The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants;  The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews; and,
 The number of commercial edible food generators located within the jurisdiction.
215

AMENDED AND RESTATED

FRANCHISE AGREEMENT

BETWEEN

THE TOWN OF PARADISE
AND

NORTHERN RECYCLING AND WASTE SERVICES, LLC
FOR

SOLID WASTE, RECYCLABLE MATERIALS, AND

YARD WASTE COLLECTION, PROCESSING, AND

DISPOSAL SERVICES
* * * * * *
April 30, 2017
216

FRANCHISE AGREEMENT

BETWEEN

THE TOWN OF PARADISE
AND

NORTHERN RECYCLING AND WASTE SERVICES, LLC
FOR

SOLID WASTE, RECYCLABLE MATERIALS, AND YARD WASTE

COLLECTION, PROCESSING AND DISPOSAL SERVICES

2.01 GRANT AND ACCEPTANCE OF FRANCHISE.......................................................................................3

2.02 EFFECTIVE DATE AND COMMENCEMENT DATE...............................................................................3

2.03 TERM. .............................................................................................................................................3

2.04 CONDITIONS TO THE EFFECTIVENESS OF AGREEMENT. ...................................................................4

2.05 SCOPE OF FRANCHISE......................................................................................................................4

2.06 LIMITATIONS TO SCOPE...................................................................................................................5

2.07 ADDITIONAL SERVICES AND MODIFICATIONS TO SERVICE..............................................................7

3.01 FRANCHISE FEE AMOUNT. ..............................................................................................................9

3.02 INTENTIONALLY BLANK..................................................................................................................9

3.03 OTHER FEES....................................................................................................................................9

3.04 TIME AND METHOD OF PAYMENT. ..................................................................................................9

3.05 ADJUSTMENT TO FEES.....................................................................................................................9 ARTICLE 4 DIRECT SERVICES..........................................................................................................10

4.01 GENERAL. .....................................................................................................................................10

4.02 SOLID WASTE COLLECTION. ........................................................................................................10

4.03 RECYCLABLE MATERIALS COLLECTION........................................................................................11

4.04 YARD WASTE PROGRAM...............................................................................................................12

4.05 MATERIALS PROCESSING OPERATIONS. ........................................................................................13

4.06 COLLECTION LOCATIONS. .............................................................................................................14

4.07 FAILURE TO COLLECT. ..................................................................................................................14

4.08 MARKETING OF RECYCLABLE MATERIALS AND YARD WASTE.....................................................15

4.09 CLEANUPS.....................................................................................................................................15

4.10 OPERATIONS. ................................................................................................................................15

4.11 CONTAINERS. ................................................................................................................................18

4.12 LITTER ABATEMENT. ....................................................................................................................19

4.13 PERSONNEL...................................................................................................................................20

4.14 IDENTIFICATION REQUIRED...........................................................................................................21

4.15 FEES AND GRATUITIES. .................................................................................................................21

4.16 NON-DISCRIMINATION..................................................................................................................21

4.17 CHANGE IN COLLECTION SCHEDULE.............................................................................................21 217

4.18 REPORT OF ACCUMULATION OF SOLID WASTE; UNAUTHORIZED DUMPING.................................21

4.19 CONTINGENCY PLAN.....................................................................................................................21

4. 20 COLLECTION ROUTES....................................................................................................................22

4.21 TRANSPORTATION OF SOLID WASTE.............................................................................................22

4.22 TRANSPORTATION OF RECYCLABLE MATERIALS AND YARD WASTE............................................22

4.23 PROCESSING OF SOLID WASTE. .....................................................................................................22

4.24 DISPOSITION OF SOLID WASTE......................................................................................................22 ARTICLE 5 OTHER SERVICES............................................................................................................25

5.01 LOCAL OFFICE AND TRUCK YARD. ...............................................................................................25

5.02 SERVICE NOTICE AND SERVICE RECIPIENT BILLING .....................................................................25

5.03 SERVICE RECIPIENT COMPLAINT RESOLUTION. ............................................................................27

5.04 EDUCATION AND PUBLIC AWARENESS..........................................................................................30

6.01 GENERAL. .....................................................................................................................................33

6.02 INITIAL RATES. .............................................................................................................................33

6.03 SUBSEQUENT RATES FOR RATE YEARS.........................................................................................33 ARTICLE 7 REVIEW OF SERVICES AND PERFORMANCE.........................................................35

7.01 PERFORMANCE HEARING. .............................................................................................................35

7.02 ANNUAL DIVERSION PROGRAM REVIEW.......................................................................................35 ARTICLE 8 RECORDS, REPORTS AND INFORMATION REQUIREMENTS.............................37

8.01 GENERAL. .....................................................................................................................................37

8.02 RECORDS.......................................................................................................................................37

8.03 REPORTS. ......................................................................................................................................40

8.04 ADVERSE INFORMATION. ..............................................................................................................44

8.05 RIGHT TO INSPECT RECORDS.........................................................................................................44 ARTICLE 9 INDEMNIFICATION, INSURANCE AND BOND .........................................................45

9.01 INDEMNIFICATION.........................................................................................................................45

9.02 AB 939 INDEMNIFICATION............................................................................................................46

9.03 INSURANCE. ..................................................................................................................................46

9.04 LETTER OF CREDIT........................................................................................................................51 ARTICLE 10 TOWN’S RIGHT TO PERFORM SERVICE...............................................................52

10.01 GENERAL. .................................................................................................................................52

10.02 TEMPORARY POSSESSION OF CONTRACTOR'S PROPERTY. .........................................................53

10.03 BILLING AND COMPENSATION TO THE TOWN DURING TOWN’S POSSESSION. ............................53

10.04 TOWN’S RIGHT TO RELINQUISH POSSESSION. ...........................................................................54

10.05 DURATION OF TOWN’S POSSESSION..........................................................................................54 ARTICLE 11 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES .........................................55

11.01 EVENTS OF DEFAULT. ...............................................................................................................55

11.02 RIGHT TO TERMINATE UPON DEFAULT. ....................................................................................56

11.03 LIQUIDATED DAMAGES.............................................................................................................57

11.04 EXCUSE FROM PERFORMANCE. .................................................................................................60

11.05 NOTICE, HEARING AND APPEAL OF TOWN/ BREACH.................................................................60 218

11.06 ASSURANCE OF PERFORMANCE.................................................................................................61

11.07 DAMAGE TO PROPERTY.............................................................................................................61

11.08 TOWN REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE........................................................61 ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES ..............................................................62

12.01 RELATIONSHIP OF PARTIES........................................................................................................62

12.02 COMPLIANCE WITH LAW. ..........................................................................................................62

12.03 GOVERNING LAW......................................................................................................................62

12.04 JURISDICTION............................................................................................................................62

12.05 ASSIGNMENT BY CONTRACTOR.................................................................................................63

12.06 BINDING ON ASSIGNS................................................................................................................64

12.07 AFFILIATED COMPANIES. ..........................................................................................................64

12.08 SUBCONTRACTING. ...................................................................................................................65

12.09 TRANSITION TO NEXT CONTRACTOR.........................................................................................65

12.10 PARTIES IN INTEREST. ...............................................................................................................65

12.11 WAIVER. ...................................................................................................................................65

12.12 CONTRACTOR'S INVESTIGATION................................................................................................65

12.13 NOTICE......................................................................................................................................66

12.14 REPRESENTATIVES OF THE PARTIES. .........................................................................................66

12.15 TOWN FREE TO NEGOTIATE WITH THIRD PARTIES. ...................................................................67

12.16 COMPLIANCE WITH THE TOWN’S CODES...................................................................................67

12.17 PRIVACY. ..................................................................................................................................67

12.18 INTEGRATED CONTRACT...........................................................................................................67

12.19 INSERTED PROVISIONS. .............................................................................................................67

12.20 EXECUTION. ..............................................................................................................................68

12.21 NON-DISCRIMINATION..............................................................................................................68

12.22 DISPUTE RESOLUTION...............................................................................................................68 ARTICLE 13 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR ...........................69

13.01 COMPANY STATUS. ...................................................................................................................69

13.02 COMPANY AUTHORIZATION......................................................................................................69

13.03 AGREEMENT WILL NOT CAUSE BREACH. .................................................................................69

13.04 NO LITIGATION. ........................................................................................................................69

13.05 NO ADVERSE JUDICIAL DECISIONS. ..........................................................................................70

13.06 ABILITY TO PERFORM. ..............................................................................................................70 ARTICLE 14 MISCELLANEOUS PROVISIONS ................................................................................71

14.01 ENTIRE AGREEMENT. ................................................................................................................71

14.02 SECTION HEADINGS. .................................................................................................................71

14.03 REFERENCES TO LAWS AND OTHER AGREEMENTS....................................................................71

14.04 INTERPRETATION.......................................................................................................................71

14.05 AGREEMENT..............................................................................................................................71

14.06 SEVERABILITY...........................................................................................................................71

14.07 EXHIBITS...................................................................................................................................71

14.08 ATTORNEYS' FEES.....................................................................................................................71

14.09 COMPILATION OF INFORMATION FOR STATE LAW PURPOSES....................................................72

14.10 DEFINITIONS. ............................................................................................................................72

14.11 COUNTERPARTS. .......................................................................................................................72 219

EXHIBITS
Definitions..................................................................................................................................................Exhibit A Town’s Facilities/Special Events............................................................................................................Exhibit B Contractor Public Education Plan ..........................................................................................................Exhibit C Payments to Town ....................................................................................................................................Exhibit D Rate Adjustment Methodology ..............................................................................................................Exhibit E Solid Waste Collection Rate Schedule....................................................................................................Exhibit F Notary Certification..................................................................................................................................Exhibit G Street Sweeping Program ........................................................................................................................Exhibit H 220
1 1 AMENDED AND RESTATED AGREEMENT
2 FOR
3 4 SOLID WASTE, RECYCLABLE MATERIALS, AND YARD WASTE
5 COLLECTION, PROCESSING AND DISPOSAL SERVICES
6 7 This AMENDED AND RESTATED AGREEMENT (“Agreement”) is made as of this 30th 8 day of April 2017, by and between the TOWN OF PARADISE, a municipal corporation, 9 (hereinafter referred to as the “Town”) and Northern Recycling and Waste Services, LLC, a 10 California Limited Liability Company (hereinafter referred to as “Contractor”). 11 12
13 RECITALS:
14 15 Whereas; the Legislature of the State of California, by enactment of Assembly Bill 939 of 16 1989 (Act) (California Public Resources Code Section 40000 et seq.), has declared that it is in 17 the public interest to authorize and require local agencies to make adequate provisions for 18 Solid Waste handling within their jurisdiction; and, 19 20 Whereas; the State of California has found and declared that the amount of Solid Waste 21 generated in California, coupled with diminishing landfill space and potential adverse 22 environmental impacts from landfilling and the need to conserve natural resources, have 23 created an urgent need for State and local agencies to enact and implement an aggressive 24 integrated waste management program. The State has, through enactment of the Act, 25 directed the responsible state agency, and all local agencies, to promote landfill diversion 26 and to maximize the use of feasible waste reduction, Recycling and composting options in 27 order to reduce the amount of Solid Waste that must be disposed of in landfills; and, 28 29 Whereas; pursuant to California Public Resources Code Section 40059(a)(2), the Town has 30 determined that the public health, safety, and well-being require that a franchise agreement 31 be awarded to a qualified contractor for the Collection of Solid Waste, Recyclable Materials, 32 and Yard Waste, and other services related to meeting the diversion goals, and other 33 requirements of the California Act; and,
34 35
36 37 Whereas; the Town declares its intention of maintaining reasonable rates and quality 38 service related to the Collection of Solid Waste, Recyclable Materials, and Yard Waste, the 39 transportation of such material to appropriate places of processing, Recycling, Composting, 40 and/or Disposal, and the Processing of Recyclable Materials and Yard Waste and other 41 services; and,
42 43 Whereas; the Contractor has submitted a plan to provide Solid Waste, Recyclable Materials, 44 and Yard Waste programs at reasonable costs to the ratepayers of the Town and the Town 45 has elected to enter into this Agreement based on the advantages of that plan; and, 221
2 46
47 Whereas; the Town desires to continue the Agreement with Contractor based on the 48 strength of its plan to provide the desired services and the ability of those services to meet 49 the Town’s diversion goals and comply with the requirements of the Act; and, 50 51 Whereas; Contractor agrees to and acknowledges that it shall arrange for the proper 52 Disposal of all Solid Waste collected in the Town’s Service Area and the Town is not 53 instructing Contractor how to Collect, transport, process and / or Dispose of Solid Waste, 54 Recyclable Materials, and Yard Waste; and,
55 56 Whereas; Town and Contractor desire to leave no doubts as to their respective roles, and 57 that by entering into this Agreement, the Town is not thereby becoming a “generator” or 58 “arranger” as those terms are used in CERCLA 107 (a)(3), and that it is Contractor, not the 59 Town, which is “arranging for” the Collection of Solid Waste, Recyclable Materials, and 60 Yard Waste, the transportation of such material to appropriate places of processing, 61 Recycling, Composting, and/or Disposal, and the Processing of Recyclable Materials and 62 Yard Waste; and,
63 64 Whereas; this Agreement has been developed by and is satisfactory to the parties. 65 66 NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions 67 contained in this Agreement and for other good and valuable consideration, the parties 68 agree as follows:
69 222
3 70 ARTICLE 1
71 DEFINITIONS
72 73 Unless the context otherwise requires, capitalized terms used in this Agreement will have 74 the meanings specified in Exhibit A to this Agreement, which is attached hereto and 75 incorporated by reference.
76 77 ARTICLE 2
78 GRANT AND ACCEPTANCE OF AGREEMENT
79 80 2.01 Grant and Acceptance of Franchise.
81 Subject to Sections 2.04 and 2.06, the Town hereby grants to Contractor the exclusive 82 right and privilege to Collect, transport, process and / or Dispose of Solid Waste, 83 Recyclable Materials, and Yard Waste accumulating in Service Area that is required 84 to be accumulated and offered for Collection to Contractor in accordance with 85 Paradise Municipal Code Chapter 8.08 and this Agreement. Contractor hereby 86 accepts the terms and conditions set forth in this Agreement. 87 88 2.02 Effective Date and Commencement Date.
89 The Effective Date of this Agreement shall be April 30, 2017. 90 91 The Commencement Date shall be May 1, 2017, and shall be the date on which the 92 Contractor initiates provision of the Franchised Services required by this Agreement. 93 94 Between the Effective Date and the Commencement Date, Contractor shall perform 95 all activities necessary to prepare itself to start services required by this Agreement 96 on the Commencement Date.
97 98 2.03 Term.
99 The term of this Agreement shall commence at midnight April 30, 2017, and shall end 100 at midnight April 30th, 2027, unless terminated as provided in Section 11.02. In 101 addition, the term of this Agreement may be extended for an additional three (3) 102 years subject to the following conditions:
103 A. Rates shall not have increased by more than the change in the “California 104 Consumer Price Index pursuant to Section 6.03B.
105 B. Contractor shall receive a favorable rating by more than 85% of respondents to a 106 customer satisfaction survey performed in the fourth and seventh year of this 107 Agreement.
108 C. The Town shall be in compliance with AB939 and not under any penalty. 109 D. Liquidated damages as provided in Section 11.03 through the sixth year of the 110 term of this Agreement shall not exceed $30,000.
111
112
113
223
4 114 2.04 Conditions to the Effectiveness of Agreement. 115 The obligation of the Town to permit this Agreement to become effective and to 116 perform its undertakings provided for in this Agreement is subject to the satisfaction 117 of each and all of the conditions set out below, each of which may be waived in 118 whole or in part by the Town at its sole discretion. 119
120 A. Accuracy of Representations. Representations and warranties made by 121 Contractor throughout this Agreement are accurate, true and correct on and as of 122 the Effective Date of this Agreement. Any information submitted to the Town 123 supplementary thereto, on which the Town has relied in awarding this franchise 124 to Contractor and entering into this Agreement, does not contain any untrue 125 statement of a material fact nor omit to state a material fact necessary in order to 126 make the statements made, in light of the circumstances in which they were 127 made, nor is misleading.
128
129 B. Absence of Litigation. There is no litigation pending in any court challenging 130 the award of this Franchise to Contractor or the execution of this Agreement or 131 seeking to restrain or enjoin its performance.
132
133 C. Furnishing of Insurance and Bonds. Contractor has furnished evidence of 134 the insurance and performance bond required by Article 9. 135
136 D. Effectiveness of Town Council Action. The Town has the authority to enter 137 into and perform its obligations under this Agreement. The Town has taken all 138 actions required by law or otherwise to authorize the execution of this 139 Agreement. The Persons signing this Agreement on behalf of the Town have the 140 authority to do so. The Town’s Resolution No. 17- (Town) approving this 141 Agreement, shall have become effective pursuant to California law on or before 142 the Effective Date.
143
144 In the event that any condition set forth in this Section 2.04 is not satisfied or 145 waived, by the Effective Date, by the Town, this Agreement shall be void and 146 shall have no further force or effect. The Town may waive the satisfaction of 147 conditions described in this Section 2.04, allow this Agreement to become 148 effective, and exercise its rights and remedies under this Agreement for 149 Contractor’s failure to deliver the bond and/or evidence of insurance. Each party 150 is obligated to perform in good faith the actions, if any, which this Agreement 151 requires it to perform before the Effective Date and to cooperate towards the 152 satisfaction of the conditions set forth above.
153
154 2.05 Scope of Franchise.
155 Subject to Section 2.06, the Franchise granted to Contractor shall be exclusive for all 156 Solid Waste, Recyclable Materials, and Yard Waste generated in the Service Area, 157 except where otherwise precluded by Federal, State and local laws and regulations or 224
5 158 where other current programs provide for Collection and handling of Household 159 Hazardous Waste and/or electronic waste.
160
161 2.06 Limitations to Scope.
162 The Agreement for the Collection, transportation, processing, and /or Disposal of 163 Solid Waste, Recyclable Materials, and Yard Waste granted to Contractor shall be 164 exclusive except as described in this Section 2.06. The award of this Agreement shall 165 not preclude the categories of Solid Waste, Recyclable Materials and Yard Waste 166 listed below from being delivered to and/or Collected and transported by others. 167 However, nothing in this Agreement is intended to or shall be construed to excuse 168 any Person from obtaining any authorization from the Town which is otherwise 169 required by law:
170
171 A. Solid Waste, Recyclable Materials and Yard Waste, which are removed from 172 any Premises by the Waste Generator, and which are transported personally by 173 the Owner or Occupant of such Premises or by his or her full-time employees or 174 a contractor whose removal of the Solid Waste, Recyclable Materials and/or 175 Yard Waste are incidental to the service being performed; 176
177 B. Collection and Processing of Recyclable Materials not specifically included in 178 the definition of Recyclables in Exhibit A;
179
180 C. Recyclable Materials and Yard Waste which are Source Separated at any 181 Premises by the Waste Generator and donated to youth, civic, or charitable 182 organizations;
183
184 D. Source Separated Recyclable Materials generated in the Service Area that are 185 placed in Containers, collected through a private arrangement with the 186 Generator and the Generator is compensated for the Recyclable Materials 187 Collected; provided, however, that the Owner or Occupant of such Premises 188 shall be required to subscribe to and pay for the basic level of service provided 189 by Contractor. For the purposes of this Agreement, Source Separated loads are 190 loads that consist of 90% or more by weight or volume (whichever is greater) of 191 Source Separated Recyclable Materials or Yard Waste. If Contractor can 192 document that other recyclers are servicing Collection Containers that contain 193 less than 90% Source Separated Recyclable Materials or Yard Waste, it shall 194 report the location and the name of the recycler to the Town along with 195 Contractor’s evidence of the violation of the exclusiveness of this Agreement; 196
197 E. Containers delivered for Recycling under the California Beverage Container 198 Recycling Litter Reduction Act, California Public Resources Code Section 14500, 199 et. seq.;
200
225
6 201 F. Yard Waste removed from Premises by gardening, landscaping, or tree202 trimming contractors as an incidental part of a total service offered by that 203 contractor rather than as a hauling service;
204
205 G. Construction Debris and Demolition Debris which is removed from any 206 Premise by employees of the construction or demolition contractor, using 207 equipment owned by the contractor;
208
209 H. Solid Waste generated by public schools and other State institutions located 210 within the Service Area;
211
212 I. Animal waste and remains from slaughterhouse or butcher shops for use as 213 tallow;
214
215 J. By-products of sewage treatment, including sludge, sludge ash, grit and 216 screenings;
217
218 K. Abandoned cars that are removed from any Premises by a licensed towing 219 Contractor authorized to do so by the Town; and,
220
221 L. Hazardous Waste, including Household Hazardous Waste (HHW), and 222 Designated Waste regardless of its source.
223
224 M. Material removed pursuant to a nuisance abatement or court order. 225
226 N. Clean up services including removal of Rubbish from residential or 227 commercial Premises where all of the following conditions are met:
228
229 1. The person who transports the Rubbish for Disposal or Processing is the 230 person who actually enters on the customer’s premises and performs the 231 clean-up services, loads the Rubbish directly to the transportation vehicle, 232 and removes the Rubbish from the premises
233 2. The Rubbish is not stored in a debris box, roll-off box, a container designed 234 to be emptied by a Collection Vehicle, or a container provided by the 235 person performing the services.
236 3. The services are provided to the particular premises on a temporary basis, 237 not on a regular or on-going basis.
238
239 O. Any services not specifically identified in Section 2.05. 240
241 This grant to Contractor of an exclusive right and privilege to Collect, transport, 242 process and / or Dispose of Solid Waste, Recyclable Materials, and Yard Waste 243 shall be interpreted to be consistent with State and Federal laws, now and during 244 the term of the Agreement, and the scope of this exclusive right shall be limited 245 by applicable state and federal laws with regard to the matters contained in this 226
7 246 Agreement. In the event that future court interpretations of current law or new 247 laws, regulations, interpretations or trends limit the ability of the Town to 248 lawfully provide for the scope of services as specifically set forth in this 249 Agreement, Contractor agrees that the scope of the Agreement shall be limited to 250 those services and materials which may be lawfully provided and that the Town 251 shall not be responsible for any lost profits or losses claimed by Contractor to 252 arise out of limitations of the scope of the Agreement. In such an event, it shall be 253 the responsibility of Contractor to minimize the financial impact to other services 254 being provided as much as possible.
255
256 2.07 Additional Services and Modifications to Service 257
258 A. General. The Town shall have the right to direct Contractor to perform 259 additional services (including new diversion programs, billing services, etc.) or to 260 modify the manner in which it performs existing services, including directing the 261 Contractor in the end use of Yard Waste. Pilot programs and innovative services 262 which may entail adding additional Recyclable Materials to existing programs, 263 new Collection methods, targeted routing, different kinds of services and/or new 264 requirements for Waste Generators are included among the kinds of changes 265 which the Town may direct. Contractor shall be entitled to an adjustment in its 266 compensation in accordance with Article 6 for providing such additional or 267 modified services.
268
269 The Town may adopt an ordinance for Construction and Demolition Debris 270 Diversion during the term of this Agreement. It is expected the ordinances will 271 mandate a 50% Diversion Goal based upon the material being taken to a Certified 272 Processing Facility through a contract with the Generator. 273
274
275 B. New Diversion Programs. Contractor shall present, within 30 days of a 276 request to do so by the Town, a proposal to provide additional or expanded 277 diversion services. At a minimum, the proposal shall contain a complete 278 description of the following:
279
280 1. Collection methodology to be employed (equipment, manpower, etc.). 281
282 2. Equipment to be utilized (number and types of vehicles, capacity, age, 283 etc.).
284
285 3. Labor requirements (number of employees by job classification). 286
287 4. Type of materials containers to be utilized.
288
289 5. Provision for program publicity/education/marketing. 290
227
8 291 6. Estimate of the tonnage to be diverted and the methodology for 292 determining that diverted tonnage.
293
294 7. Five-year projection of the financial results of the program's operations in a 295 balance sheet and operating statement format including documentation of 296 the key assumptions underlying the projections and the support for those 297 assumptions, giving full effect to the savings or costs to existing services. 298
299 C. Town’s Right to Permit Others to Provide Services. Contractor acknowledges 300 and agrees that the Town shall have the right to permit other Persons besides 301 Contractor to provide additional Solid Waste services not otherwise contemplated 302 under Section 2.05 and 2.06 of this Agreement if Contractor and the Town cannot 303 agree on terms and conditions of such services in one hundred twenty (120) days 304 from the date when the Town first request a proposal from Contractor to perform 305 such services.
306
307 2.08 Town’s Right to Direct / Ownership of Solid Waste. 308 Once Solid Waste, Recyclable Materials and/or Yard Waste is placed in Containers 309 and properly placed at the Collection location, ownership and the right to possession 310 shall transfer directly from the Waste Generator to Contractor by operation of this 311 Agreement. Contractor is hereby granted the right to retain, recycle, process, Dispose 312 of, and otherwise use such Solid Waste, Recyclable Materials or Yard Waste, or any 313 part thereof, in any lawful fashion or for any lawful purpose desired by Contractor. 314 This right shall be subject to: 1) Contractor's obligation to meet both the Town’s and 315 AB 939’s diversion goals; and, 2) the Town’s right to direct Contractor to process 316 Solid Waste, Recyclable Materials or Yard Waste at a particular licensed Facility or to 317 Dispose of Solid Waste, Recyclable Materials or Yard Waste at a particular licensed 318 Disposal Site, if and only if the Town exercises such right by providing specific 319 written direction to Contractor. Subject to Article 6 and the other provisions of this 320 Agreement, Contractor shall have the right to retain any benefit resulting from its 321 right to retain, recycle, process, dispose of, or reuse the Solid Waste, Recyclable 322 Materials or Yard Waste, which it Collects. Solid Waste, Recyclable Materials or 323 Yard Waste, or any part thereof, which is disposed of at a Disposal Site, Transfer 324 Station, Material Recovery Facility or other Facilities shall become the property of the 325 owner or operator of the Disposal Site(s) once deposited at Facilities by Contractor. 326 The Town may obtain ownership or possession of Solid Waste, Recyclable Materials 327 or Yard Waste placed for Collection upon written notice of its intent to do so; 328 provided, however, nothing in this Agreement shall be construed as giving rise to 329 any inference that the Town has such ownership or possession unless such written 330 notice has been given to Contractor.
331
228
9 332 ARTICLE 3
333 FRANCHISE AND OTHER FEES
334
335 3.01 Franchise Fee Amount.
336 In consideration of the exclusive Franchise provided in Section 2.05 of this 337 Agreement, Contractor shall pay to the Town the Franchise Fee in accordance with 338 the schedule on Exhibit D. Payment shall be calculated as a percentage (%) of Gross 339 Revenues Collected (or another amount as provided in Section 3.05) by the 340 Contractor from services provided in the Service Area. 341
342 3.02 Intentionally Blank.
343
344
345 3.03 Other Fees.
346 The Town shall have the right to set Other Fees, as it deems necessary. Any such fees 347 shall be reflected in the rates that Contractor is allowed to charge and collect from 348 service recipients. The time and method of payment shall be set similar to Section 349 3.04 below.
350
351 3.04 Time and Method of Payment.
352 On or before the twentieth (20th) day after the end of each calendar quarter during 353 the Term of this Agreement, Contractor shall remit to the Town the Franchise Fees, 354 Vehicle Impact Fee, and Other Fees amount. Each quarterly remittance to the Town 355 shall be accompanied by a statement detailing the basis for the Franchise Fee, Vehicle 356 Impact Fee, and Other Fees calculation. If the Fees are not paid on or before the 357 twentieth (20th) day after any calendar quarter, Contractor shall pay to the Town a 358 late payment penalty in an amount equal to two percent (2%) of the amount owing 359 for that quarter. Contractor shall pay an additional two percent (2%) owing on any 360 unpaid balance for each following thirty (30) day period the fee remains unpaid. The 361 late payment penalty amounts are not intended as interest on debt, but rather are 362 intended as a predetermined penalty for failure to meet an obligation under this 363 Agreement.
364
365 3.05 Adjustment to Fees.
366 The Town may adjust the amount of any fee annually. Such adjustment shall be 367 reflected in the rates that Contractor is allowed to charge and Collect from service 368 recipients.
369
370
229
10 371 ARTICLE 4
372 DIRECT SERVICES
373
374 4.01 General.
375 The work to be done by Contractor pursuant to this Agreement shall include, but not 376 be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, 377 and all other items necessary to perform the services required. The enumeration of, 378 and specification of requirements for, particular items of labor or equipment shall not 379 relieve Contractor of the duty to furnish all others, as may be required, whether or 380 not enumerated elsewhere in the Agreement.
381
382 The work to be done by Contractor pursuant to this Agreement shall be 383 accomplished in a thorough and professional manner so that the residents and 384 businesses within the Service Area are provided reliable, courteous and high-quality 385 service at all times. The enumeration of, and specification of requirements for, 386 particular aspects of service quality shall not relieve Contractor of the duty of 387 accomplishing all other aspects in the manner provided in this Article, whether or 388 not such other aspects are enumerated elsewhere in the Agreement . 389
390 4.02 Solid Waste Collection.
391
392 A. Single-Family Dwellings Collection. For single-family dwelling service, 393 Contractor shall Collect Solid Waste from the Contractor-provided Containers 394 placed for Collection by the Waste Generator at the Curbside or in an approved 395 other location, not less than once per week. Standard Collection service shall be 396 once per week Curbside Collection unless another method is approved by the 397 Town.
398
399
400 B. Commercial, Industrial, Institutional and Multi-Family Residential 401 Complex Collection. For commercial, industrial, institutional and multi-family 402 residential complex services, Contractor shall Collect Solid Waste from 403 Contractor-provided Containers not less than once per week. Special 404 consideration shall be given when determining the pick up area for Commercial, 405 Industrial, Institutional, and/or Multi-Family Residential Complex accounts to 406 ensure that the flow of traffic is not impeded and that it does not result in an 407 aesthetic degradation of an area. The designated pick-up area, if disputed by 408 service recipient or Contractor, shall be determined by the Town. Additionally, if 409 in the Town’s opinion the location of an existing pick up area is inappropriate, the 410 Town may require the service recipient or Contractor to relocate the pick up area. 411
412 C. Town Facilities' Collection. Contractor shall Collect, transport and Dispose of 413 all Solid Waste generated at public facilities according to the specified service 414 levels identified in Exhibit B. Contractor shall make Collections from Containers 415 Monday through Friday or on Saturdays following non-working holidays. 230
11 416 Collections from bins and debris boxes shall be scheduled at a time mutually 417 agreed upon by Contractor and the Town.
418
419 At no cost to Town, Contractor shall provide to the Town, at Town’s direction, 420 additional Collections services to the Town entailing:
421
422 1. Collection of Solid Waste and Recyclable Materials from all public 423 sidewalk litter or Recycling Containers;
424
425 2. Collection of Solid Waste, Recyclable Materials and Yard Waste from 426 Town’s facilities and parks;
427
428 3. Collection of materials from Town related debris boxes as directed by the 429 Town except for related disposal fees;
430
431 4. Collection of Solid Waste, Recyclable Materials and Yard Waste at a 432 maximum of four (4) annual Special Events (Johnny Appleseed Days, Gold 433 Nugget Days, Chocolate Festival and one to be determined) designated by 434 the Town; and,
435
436 5. Review of plans for land use or property developments with regard to 437 Solid Waste service issues.
438
439
440
441 D. Permanent Containers/Debris Box Service. Contractor shall provide 442 permanent /debris box Containers for the purpose of Collection of Solid Waste. 443 Contractor shall deliver to and Collect debris boxes from the location identified 444 by the service recipient. Containers shall be free of graffiti and in good repair. 445 Containers shall be clearly marked and identifiable as belonging to Contractor. 446 Special consideration shall be given when determining the pick up area for 447 temporary Containers to ensure that the flow of traffic is not impeded and that it 448 does not result in aesthetic degradation of an area. The designated pick up area, 449 if disputed by service recipient or Contractor, shall be determined by the Town. 450 Additionally, if in the Town’s opinion the location of an existing pick up area is 451 inappropriate, the Town may require the service recipient or Contractor to 452 relocate the pick up area.
453
454 4.03 Recyclable Materials Collection.
455
456 A. Residential Recyclable Materials Collection. Contractor shall Collect and 457 remove all Recyclable Materials placed in Recycling Containers at the designated 458 Collection locations for Waste Generator’s residing in Single Family Dwellings 459 and Multi-Family Residential Complex. It is understood that all Single-Family 460 Residential Dwelling’s Recyclable Materials Collection service shall be provided 231
12 461 at Curbside. Contractor shall work with Residential service recipients to 462 determine mutually acceptable Collection locations to both parties in the event 463 inaccessible to collection service vehicles exist.
464
465 Recyclable Materials Collection from Residential Waste Generators within the 466 Service Area shall be weekly or bi-weekly, as determined by the Town. 467 Residential Recyclable Materials Collection shall be on the same day of the week 468 as Solid Waste Collection service. The Collection day may change if prior written 469 approval is received from the Town. Contractor shall notify Recycling service 470 recipients, as is done for regular service, regarding holiday Collection schedules. 471 At a minimum, Contractor shall collect: aluminum cans, glass bottles and jars, 472 metal cans and narrow neck plastic containers (plastic 1 & 7), and newspaper, 473 mixed paper (including but not limited to magazines, junk mail, brown paper 474 bags, and white and colored paper), and corrugated cardboard. The Town 475 reserves the right per Section 2.07 to direct Contractor to add to the list of 476 materials to be collected and described above and to perform additional 477 Residential Recycling services.
478
479 B. Commercial Recyclable Materials Collection. Contractor shall Collect 480 Recyclable Materials including organic waste, from Commercial Premises as 481 scheduled by Customer in a Contractor-provided Container at no additional cost 482 in accordance with Public Resources Code Chapter 12.9 commencing with 42649.8 483 and Chapter 12.8 commencing with Section 42649. Contractor shall actively and 484 regularly promote this program to ensure that all potential service recipients are 485 aware of this service and shall offer reasonable assistance to help such potential 486 service recipients participate. Collection shall be performed at a time mutually 487 agreed upon by Contractor and the Waste Generator or Owner of the property. 488 The Town reserves the right per Section 2.07 to direct Contractor to add to the list 489 of materials to be collected as part of this program. 490
491 4.04 Yard Waste Program.
492
493 A. Yard Waste Collection. Contractor shall Collect Yard Waste from Residential 494 Waste Generators within the Town’s Service Area weekly or bi-weekly as 495 determined by the Town. Yard Waste Collection shall be on the same day as the 496 Collection of Solid Waste. The Collection day may change if prior written 497 approval is received from the Town. Contractor will notify service recipients at 498 least two (2) weeks in advance of any scheduled Yard Waste and Recycling 499 Collection day change(s), including those required due to route changes and 500 holidays such as Labor Day, Thanksgiving, Christmas, and New Year’s Day. 501
502 All Yard Waste must fit safely within a standard Yard Waste Container provided 503 by Contractor. As part of its educational activities specified in Section 5.04, 504 Contractor shall instruct residents as to any necessary preparation of Yard Waste, 232
13 505 such as the cutting of large items, and the appropriate use and placement of Yard 506 Waste Containers.
507
508 B. End Uses for Yard Waste. Contractor agrees to develop, implement, operate, 509 and participate (locally and regionally) in mulching, composting, land 510 application, alternative daily cover, or other programs necessary to achieve the 511 Town’s Yard Waste diversion requirements. In accordance with Section 2.07.A, 512 the Town reserves the right to direct Contractor in the end use of Yard Waste. 513
514 Contractor shall provide end uses for Yard Waste that maximize diversion credits 515 according to regulations established by the California Integrated Waste 516 Management Board. Also, Contractor shall make end products (compost or 517 mulch) available to Town residents at a cost to residents to be determined by the 518 Town and the cost of providing these products shall be an allowable operating 519 expense. In addition to these uses of Yard Waste, Contractor agrees to be 520 aggressive in the pursuit of new cost-effective opportunities to divert Yard Waste 521 from Disposal and to maximize the distribution of Yard Waste among approved 522 diversion methods.
523
524 4.05 Materials Processing Operations.
525
526 A. Construction/Demolition Debris Diversion Program. Contractor shall 527 identify and direct loads of Construction Debris and/or Demolition Debris and 528 other selected debris box Containers containing recoverable materials to a 529 Construction/Demolition Debris processing operation. The Construction Debris / 530 Demolition Debris processing operation Contractor has designated shall be the C 531 & D Facility owned by Recology, or as directed by Town. In accordance with 532 Section 2.08, the Town reserves the right to direct Contractor to process Solid 533 Waste, Recyclable Materials and/or Yard Waste at a particular licensed Facility. 534 Contractor agrees to process such loads for purposes of recovering Recyclable 535 Materials. Contractor shall also provide the Town with an accounting of the total 536 tons processed and recovered as part of its Construction/Demolition Debris 537 processing operation as part of its annual reporting requirements. Any and all 538 compensation due the Contractor for this service is provided for in the Solid 539 Waste Collection Rate Schedule (Exhibit F).
540
541 B. Material Recovery Facility Processing Capacity. Contractor shall identify and 542 direct targeted loads of Solid Waste and Recyclable Materials from within the 543 Service Area to a Material Recovery Facility processing operation. The Material 544 Recovery Facility Contractor has designated shall be the City of Napa MDF 545 owned by the city of Napa. In accordance with Section 2.08, the Town reserves 546 the right to direct Contractor to process Solid Waste, Recyclable Materials and/or 547 Yard Waste at a particular licensed Facility. Contractor agrees to process such 548 loads for purposes of recovering Recyclable Materials. Contractor shall also 549 provide the Town with an accounting of the total tons processed and recovered as 233
14 550 part of its Material Recovery Facility processing operation as part of its annual 551 reporting requirements. Any and all compensation due the Contractor for this 552 service is provided for in the Solid Waste Collection Rate Schedule (Exhibit F). 553
554 4.06 Collection Locations.
555 It is understood that all Solid Waste, Recyclable Materials and Yard Waste Collection 556 services shall be provided at Curbside, with the following exceptions:
557
558 A. On-property collection of Solid Waste, Residential Recyclable Materials, and 559 Yard Waste shall be provided by Contractor to residents who are physically 560 unable to place the cart Curbside. Resident shall present to Contractor a medical 561 waiver from a physician. Such medical waiver shall be updated annually and the 562 Contractor will send a notice to the customer reminding them to get a new 563 waiver. Information about this option shall be provided by the Contractor upon 564 request. Contractor will notify all residents annually, beginning within thirty (30) 565 days of effectiveness of this Agreement, of this Collection option and submit, for 566 approval, a draft notification to the Town prior to distribution to service 567 recipients. New service recipients shall be notified of this option upon requesting 568 service.
569
570 B. Residents of Multi-Family Residential Complexes of two (2) to four (4) units 571 will use the same Collection Containers as residents of Single Family Dwellings. 572 Contractor shall Collect these Containers at Curbside. Residents of Multi-Family 573 Residential Complexes of five (5) or more units may also use the same Containers 574 as residents of Single Family Dwellings or may be provided with larger 575 Containers such as bins, which shall be Collected in a central location reasonably 576 accessible by Collection vehicles.
577
578 4.07 Failure to Collect.
579
580 A. Solid Waste. When Solid Waste is not Collected by Contractor from any 581 service recipient, Contractor shall notify its service recipient in writing, at the 582 time Collection is not made, through the use of a “tag” or otherwise, of the 583 reasons why the Collection was not made.
584
585 B. Recyclable Materials or Yard Waste. Contractor may choose not to Collect 586 Recyclable Materials or Yard Waste that contain ten percent (10%) by volume or 587 greater of Solid Waste, subject to Contractor’s best efforts to educate the public. 588 Contractor shall issue written warning notices to such service recipients stating 589 the reason(s) why their Recyclable Materials and/or Yard Waste were not 590 Collected. Monthly, Contractor shall report to the Town any warning notices 591 issued. Contractor shall take direction from the Town with regard to termination 592 or reinstatement of service to a service recipient. Contractor may refuse to Collect 593 Recyclable Materials or Yard Waste from, and shall not be obligated to continue 234
15 594 to provide any Recyclable Materials or Yard Waste Container to, any service 595 recipient who, after efforts to re-educate the service recipient and the second 596 written warning in a twelve (12) month period, fails to sort Recyclable Materials 597 or Yard Waste from other Solid Waste and/or fails to properly set out their 598 Recyclable Materials or Yard Waste Container.
599
600 4.08 Marketing of Recyclable Materials and Yard Waste. 601 Contractor shall be responsible for delivering Recyclable Materials and Yard Waste 602 Collected pursuant to this Agreement to the Facilities for processing, marketing, sale, 603 donation, or reuse of all such materials.
604
605 Contractor shall prepare, submit to the Town for approval, and maintain a marketing 606 plan for all Recyclable Materials and Yard Waste Collected by Contractor under this 607 Agreement. The approved marketing plan for Recyclable Materials and Yard Waste 608 service shall be in place with the execution of this Agreement and at the time of 609 beginning any expanded service. The marketing plan shall fully describe 610 Contractor’s marketing methods and approach, targeted primary and contingent 611 markets, pricing policy, and assumed salvage value or cost for each Collected type of 612 Recyclable Materials and Yard Waste.
613
614 4.09 Cleanups
615 A. Annual Cleanups. The Town elects to have Contractor provide two 616 community-wide pre-scheduled cleanups per year during periods mutually 617 established by Contractor and the Town.
618
619 B. Household Hazardous Waste, E-Waste, Oil, Universal Waste and Paint 620 Collection. Contractor shall provide a permanent Household Hazardous Waste 621 facility within the Town. Such facility shall serve as a drop off site for E-Waste 622 and Universal Waste and a buy-back center. The facility operating hours may be 623 limited subject to the prior approval of the Town.
624
625 4.10 Operations.
626
627 A. Schedules. Except as provided in Paradise Municipal Code Section 9.18.250, 628 residential Solid Waste, Residential Recyclable Materials and Yard Waste shall be 629 collected on weekdays between 6:00 AM and 6:00 PM. To preserve peace and 630 quiet, no Solid Waste, Recyclable Materials, or Yard Waste shall be Collected from 631 or within two-hundred (200) feet of Residential Premises between 6:00 P.M. and 632 6:00 A.M. on any day. Collection of Solid Waste and Recyclables from 633 Commercial, industrial and institutional properties shall be scheduled subject to 634 the prior approval of the Town.
635
636 Contractor shall review its operations plan outlining the Collection routes, 637 intervals of Collection and Collection times for all materials Collected under this 235
16 638 Agreement with the Town or its representatives at least annually. The Town may 639 require more frequent reviews if Contractor’s operations are not satisfactorily 640 performed based on documented observations or reports or Complaints. If the 641 plan is determined to be inadequate by the Town, Contractor shall revise the plan 642 incorporating any changes into a revised plan and review the revised plan with 643 the Town within thirty (30) calendar days.
644
645 When notified of a missed pick-up, Contractor shall Collect the Solid Waste, 646 Recyclable Materials or Yard Waste on the same day, if possible, but in no case 647 more than one (1) working day (24 hours) after receipt of notice. 648
649 B. Vehicles.
650
651 1. Specifications. All vehicles used by Contractor in providing Solid Waste, 652 Recyclable Materials and Yard Waste Collection services shall be registered 653 with the California Department of Motor Vehicles. All such vehicles shall 654 have bodies designed to prevent leakage, spillage and/or overflow. 655
656 2. Vehicle Identification. Contractor's name, local telephone number, 657 and a unique vehicle identification number designed by Contractor for 658 each vehicle shall be prominently displayed on all vehicles, in letters and 659 numbers no less than two and one-half (2 1/2) inches high. Contractor 660 shall not place Town’s name or Town’s logo on Contractor vehicles. 661 Vehicles used solely for the Collection of Recyclable Materials and Yard 662 Waste shall be labeled to indicate those are the Collected materials. 663
664 3. Cleaning and Maintenance.
665
666 a. Contractor shall maintain all of its properties, vehicles, facilities, and 667 equipment used in providing service under this Agreement in a good, 668 safe, neat, clean and operable condition at all times. 669
670 b. Vehicles used in the Collection of Solid Waste, Recyclable Materials 671 and Yard Waste shall be painted, thoroughly washed, and thoroughly 672 steam cleaned on a regular basis so as to present a clean appearance. 673 The Town may inspect vehicles at any time to determine compliance 674 with this Agreement. Contractor shall also make vehicles available to 675 the Butte County Health Department for inspection, at any frequency 676 it requests.
677
678 c. Contractor shall repaint or refurbish to the reasonable satisfaction of 679 the Town all vehicles used in the Collection of Solid Waste, Recyclable 680 Materials and Yard Waste within thirty (30) days' notice from the 681 Town, if the Town determines that their appearance warrants 682 painting.
236
17 683
684 d. Contractor shall inspect each vehicle daily to ensure that all equipment 685 is operating properly. Vehicles that are not operating properly shall be 686 removed from service and repaired. Contractor shall perform all 687 scheduled maintenance functions in accordance with the 688 manufacturer's specifications and schedule. Contractor shall keep 689 accurate records of all vehicle maintenance, recorded according to date 690 and mileage and shall make such records available to the Town upon 691 request.
692
693 e. Contractor shall repair, or arrange for the repair of, all of its vehicles 694 and equipment for which repairs are needed because of accident, 695 breakdown or any other cause so as to maintain all equipment in a safe 696 and operable condition. Contractor shall maintain accurate records of 697 repair, which shall include the date and mileage, nature of repair and 698 the verification by signature of a maintenance supervisor that the 699 repair has been properly performed.
700
701 f. Contractor shall furnish sufficient equipment to provide all service 702 required under this Agreement, including back-up Collection vehicles. 703 Contractor shall furnish within thirty (30) days of request to the Town, 704 a written inventory of all equipment, including Collection vehicles, 705 used in providing service, and shall update the inventory annually. 706 The inventory shall list all equipment by manufacturer, ID number, 707 and date of acquisition, type, and capacity.
708
709 g. Contractor shall arrange to store all vehicles and other equipment in 710 safe and secure location(s) in accordance with all applicable zoning 711 regulations.
712
713 4. Operation. Vehicles shall be operated in compliance with Federal, State 714 and local laws and regulations, including but not limited to the California 715 Vehicle Code, and all applicable safety laws and local ordinances. 716 Contractor shall not load vehicles in excess of the manufacturer's 717 recommendations or limitations imposed by state or local weight 718 restrictions on vehicles.
719
720 Contractor equipment used for Solid Waste, Recyclable Materials, and 721 Yard Waste services shall comply with the Town’s ordinances or US EPA 722 noise emission regulations, currently codified at 40 CFR Part 205 and other 723 applicable noise control regulations, and shall incorporate noise control 724 features throughout the entire vehicle. Noise and pollution emission levels 725 of equipment used for Collection shall comply with the Town’s ordinance. 726
237
18 727 4.11 Containers.
728
729 A. Single Family Dwelling Solid Waste Containers. At no additional cost, 730 Contractor shall offer wheeled carts to all Single Family Dwelling service 731 recipients in sizes compatible with the Town’s variable can rate (35-, 65-, 95- 732 gallons, or as other sizes approved by Town. ).
733
734 All Contractor-provided wheeled carts shall be constructed of heavy gauge 735 plastic with wheels and attached lids in sizes of 35-, 65-, and 95-gallons, or other 736 sizes approved by the Town. Contractor shall maintain all Contractor-provided 737 Containers in good repair.
738
739 B. Commercial, Industrial, Institutional and Multi-Family Residential 740 Complex Solid Waste Containers. Contractor shall offer wheeled 35-, 65-, and 95- 741 gallon carts (or other sizes approved by the Town) to all Commercial, Industrial 742 and Institutional Service Recipients and Multi-Family Residential Complex 743 service recipients receiving service of less than (1) cubic yard per week. 744
745 Contractor shall furnish Commercial, Industrial and Institutional Service 746 Recipients and Multi-Family Residential Complex service recipients receiving one 747 (1) cubic yard service or more with appropriate Containers to Collect Solid Waste 748 upon service recipient request. Containers with a capacity of one cubic yard or 749 more shall be available in standard sizes. The kind, size and number of 750 Containers furnished to particular service recipients shall be as determined 751 mutually by the service recipient and Contractor. All Containers with a capacity 752 of one cubic yard or more shall meet applicable regulations for Solid Waste bin 753 safety and shall have reflectorized markings. All Containers shall be maintained 754 in good repair with neatly and uniformly painted surfaces and shall prominently 755 display the name and telephone number of Contractor and the types of material 756 accepted.
757
758 C. Residential Recyclable Materials and Yard Waste Containers. Residential 759 service recipients shall place their Recyclable Materials in the Contractor760 provided Recycling Containers for collection by Contractor. Extra Containers 761 shall be provided to service recipients upon request. 762
763 Residents shall place their Yard Waste in Contractor-provided 95- gallon 764 Containers for Collection by Contractor. Residence may request 1 additional 765 Container at no additional charge.
766
767 D. Commercial Recyclable Materials and Yard Waste Containers. Contractor 768 shall furnish Commercial, Industrial and Institutional service recipients 769 Containers for the Collection of Recyclable Materials and Yard Waste of a size 770 appropriate to the particular service recipient’s needs and availability of space. 771 Multiple sizes shall be made available by Contractor. 238
19 772
773 E. Delivery. Appropriate Containers of a size requested by the service recipient 774 as described in this Section 4.11 shall be delivered to new service recipients, upon 775 request, within five (5) business days of the service recipient’s request for service. 776 Contractor shall notify the Town if it fails to deliver Containers within five (5) 777 business days.
778
779 F. Container Replacement. The Town and Contractor acknowledge that from 780 time to time Contractor-provided Containers may be stolen or damaged. When 781 notified of such occurrence, Contractor shall replace the stolen or damaged 782 Container(s), at no charge to the service recipient, not more than one (1) time 783 within any twelve (12) month period. If the service recipient requests more than 784 one (1) replacement set of Containers per twelve (12) month period, the 785 Contractor shall make Containers available for purchase by the service recipient 786 at a price not to exceed the cost to Contractor of purchasing the Containers. 787
788 4.12 Litter Abatement.
789
790 A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste 791 fluids from leaking being spilled and/or scattered during the Collection or 792 transportation process. If any material or fluids leak or are spilled during 793 Collection, Contractor shall promptly clean up all such materials. Each Collection 794 vehicle shall carry absorbent material, a broom and shovel at all times for this 795 purpose.
796
797 Contractor shall not transfer loads from one vehicle to another on any public 798 street, unless it is necessary to do so because of mechanical failure, accidental 799 damage to a vehicle, or a pre-approved method of Solid Waste transfer between 800 vehicles, without prior written approval by the Town. 801
802 B. Clean Up. During the Collection or transportation process, Contractor shall 803 clean up litter in the immediate vicinity of any storage area (including the areas 804 where Collection bins and debris boxes are delivered for Collection) whether or 805 not Contractor has caused the litter. Contractor shall discuss instances of 806 repeated spillage not caused by it directly with the Waste Generator responsible 807 and will report such instances to the Town. The Town will attempt to rectify such 808 situations with the Waste Generator if Contractor has already attempted to do so 809 without success.
810
811 C. Covering of Loads. Contractor shall properly cover all open debris boxes 812 during transport to the Disposal or Processing Site. 813
239
20 814 4.13 Personnel.
815 Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, 816 management and other personnel as may be necessary to provide the services 817 required by this Agreement in a satisfactory, safe, economical and efficient manner in 818 accordance with all applicable Federal, State and local laws and regulations. If 819 additional personnel are required to meet the service standards of this Agreement, 820 Contractor shall provide such additional personnel if approved in advance by the 821 Town. All drivers shall be trained and qualified in the operation of vehicles they 822 operate and must possess a valid license, of the appropriate class, issued by the 823 California Department of Motor Vehicles and participate in periodic driver safety 824 trainings.
825
826 Contractor also agrees to establish and vigorously enforce an educational program 827 which will train Contractor's employees in the identification of Hazardous Waste. 828 Contractor's employees shall not knowingly place such Hazardous Waste in the 829 Collection vehicles, nor knowingly dispose of such Hazardous Wastes at the 830 Processing Facility or Disposal Site.
831
832 Contractor shall train its employees in courtesy, shall prohibit the use of loud or 833 profane language, and shall instruct Collection crews to perform the work quietly. 834 Contractor shall use its best efforts to assure that all employees present a neat 835 appearance and conduct themselves in a courteous manner. If any employee is 836 found to be discourteous or not to be performing services in the manner required by 837 this Agreement, Contractor shall take all necessary corrective measures including, 838 but not limited to, transfer, discipline or termination. If the Town has notified 839 Contractor of a Complaint related to discourteous or improper behavior, Contractor 840 will consider reassigning the employee to duties not entailing contact with the public 841 while Contractor is pursuing its investigation and corrective action process. 842 Contractor shall provide suitable operations, health and safety training for all of its 843 employees who use or operate equipment or who are otherwise directly involved in 844 Collection or other related operations.
845
846 Applicants, for employment with Contractor, shall be subject to the following 847 criteria:
848 a. Applicants shall be fit for duty
849 b. Applicants shall pass Contractor’s drug tests
850 c. Applicant’s driving records obtained from DMV shall meet 851 Contractor’s requirements (drivers).
852 Contractor shall also provide comparable salary and benefits to such employees with 853 pre-existing medical conditions.
854
855 Contractor shall incorporate the use of C.O.V.E., including its clients, subject to the 856 approval of C.O.V.E administration and the Town, that shall at a minimum, include 857 the following:
858 a. Trailway containers,
240
21 859 b. Buy back centers
860
861 4.14 Identification Required.
862 Contractor shall provide its employees and subcontractors with identification for all 863 individuals who may make personal contact with residents or businesses in the 864 Service Area. The Town may require Contractor to notify service recipients yearly of 865 the form of said identification. Contractor shall provide a list of current employees, 866 and subcontractors to the Town upon request.
867
868 4.15 Fees and Gratuities.
869 Contractor shall not, nor shall it permit any agent, employee, or subcontractors 870 employed by it, to request, solicit, demand, or accept, either directly or indirectly, 871 any compensation or gratuity for services or the Collection, transportation, 872 Recycling, Processing, and /or Disposal of Solid Waste, Recyclable Materials and 873 Yard Waste, otherwise required under this Agreement. 874
875 4.16 Non-Discrimination.
876 Contractor shall not discriminate in the provision of service or the employment of 877 Persons engaged in performance of this Agreement on account of race, color, 878 religion, sex, age, sexual orientation, physical or mental disability or medical 879 condition in violation of any applicable Federal or State law. 880
881 4.17 Change in Collection Schedule.
882 Contractor shall notify the Town thirty (30) days prior to, and Residential service 883 recipients not later than fourteen (14) days prior to, any change in Residential 884 Collection operations which results in a change in the day on which Solid Waste, 885 Recyclable Materials, and Yard Waste Collection occurs. Contractor shall not permit 886 any service recipient to go more than seven (7) days without service in connection 887 with a Collection schedule change.
888
889 4.18 Report of Accumulation of Solid Waste; Unauthorized Dumping. 890 Contractor shall direct its drivers to note (1) the addresses of any service recipients at 891 which they observe that Solid Waste is accumulating and is not being delivered for 892 Collection; and (2) the address, or other location description, at which Solid Waste 893 has been dumped in an apparently unauthorized manner. Contractor shall deliver 894 the address or description to the Town within five (5) working days of such 895 observation.
896
897 4.19 Contingency Plan.
898 Contractor shall submit to the Town on or before the Effective Date of the 899 Agreement, a written contingency plan demonstrating Contractor's arrangements to 900 provide vehicles and personnel and to maintain uninterrupted service during 241
22 901 breakdowns, and in case of natural disaster or other emergency, including the events 902 described in Section 11.04.
903
904 4. 20 Collection Routes.
905 Routes over which Contractor’s vehicles travel to effect the Collection and transport 906 of Solid Waste, Recyclable Materials and Yard Waste shall be selected to minimize 907 damage to Service Area and private streets, inconvenience and disturbance to the 908 public and shall be subject to the approval of the Town. Contractor shall use due 909 care to obey all traffic laws and prevent materials being transported from being 910 spilled or scattered during transport. If any materials are spilled within the Service 911 Area, Contractor shall immediately clean up all spilled materials, whether on private 912 or public property.
913
914 4.21 Transportation of Solid Waste.
915 Contractor shall transport and deliver all Solid Waste to the Neal Road Landfill. 916
917 4.22 Transportation of Recyclable Materials and Yard Waste. 918 Contractor shall Collect, transport and deliver (or arrange for the transportation and 919 delivery of) all Recyclable Materials and Yard Waste to a purchaser, a licensed 920 Material Recovery Facility, licensed Processing Facility, or a Person who will use the 921 materials in a process or product and will not dispose of them in a landfill. The 922 Processing Facility Contractor has designated shall be the City of Napa MDF in Napa 923 Ca, owned by the City of Napa. In accordance with Section 2.08, the Town reserves 924 the right to direct the Contractor to process Recyclable Materials and/or Yard Waste 925 at a particular licensed Facility.
926
927 4.23 Processing of Solid Waste.
928 The Town, upon prior written notice to Contractor, reserves the right, prior to 929 Disposal, to direct portions of the Solid Waste stream Collected under this 930 Agreement to a Material Recovery Facility or Processing Facility for separation, 931 reuse, and Recycling of any Recyclable Materials or Yard Waste contained therein. 932 The Contractor agrees to assist the Town by identifying loads suitable for processing 933 in the Material Recovery Facility. The Material Recovery Facility Contractor has 934 designated shall be the City of Napa MDF owned by the City of Napa. In accordance 935 with Section 2.08, the Town reserves the right to direct the Contractor to process 936 Solid Waste, Recyclable Materials and/or Yard Waste at a particular licensed Facility. 937
938 4.24 Disposition of Solid Waste.
939 Contractor shall Dispose of all Solid Waste, Collected under this Agreement, at the 940 designated Disposal Site. The Disposal Site Contractor as designated shall be the 941 Neal Road Landfill owned by Butte County. In accordance with Section 2.08 the 942 Town reserves the right to direct Contractor to Dispose Solid Waste at another 943 particular licensed Disposal Site.
242
23 944
945 4.25 Service Exceptions; Hazardous Waste Notifications. 946
947 A. Hazardous Waste Inspection and Reporting. Contractor reserves the right 948 and has the duty under law to inspect Solid Waste, Recyclable Materials and Yard 949 Waste put out for Collection and to reject Solid Waste, Recyclable Materials and 950 Yard Waste observed to be contaminated with Hazardous Waste and the right not 951 to Collect Hazardous Waste put out with Solid Waste, Recyclable Materials and 952 Yard Waste. Contractor shall notify all applicable agencies, if appropriate, 953 including the California Department of Toxic Substances Control and local 954 emergency response providers and the National Response Center of reportable 955 quantities of Hazardous Waste, found or observed in Solid Waste, Recyclable 956 Materials and Yard Waste anywhere within the Service Area. In addition to other 957 required notifications, if Contractor observes any substances which it or its 958 employees reasonably believe or suspect to contain Hazardous Wastes unlawfully 959 Disposed of or released on any of the Town’s property, including storm drains, 960 streets or other public rights of way, Contractor shall immediately notify the 961 Town.
962
963 B. Hazardous Waste Diversion Records. Contractor shall maintain records 964 showing the types and quantities, if any, of Hazardous Waste found in Solid 965 Waste, Recyclable Materials and Yard Waste and which was inadvertently 966 Collected from service recipients within the Service Area, but diverted from 967 landfilling.
968
969 4.26 Street Sweeping.
970 Contractor shall provide a street sweeping program in accordance with Exhibit H. 971
972 With the assistance of Town Public Works, Contractor shall provide a public 973 notification program for street sweeping activities that gives a written 24-hour notice 974 for areas impacted by on-street parking. Street sweeping activities shall take place 975 between 5:00 a.m. and 10:00 p.m.
976
977 Contractor shall provide “on-call” street sweeping services provided at the direction 978 of the Town with appropriate contact and communication protocols. Upon request of 979 “on-call” sweeping/vacuuming services, Contractor shall provide a response time 980 within 24-hours or less.
981
982 The street sweeping program, as identified in Exhibit H, shall be implemented for the 983 first two years of this Agreement. During the months of May 2019 - July 2019, the 984 Contractor and the Town shall work together to determine if the sweeping schedule 985 needs to be modified to improve the street sweeping results for curbed streets, 986 repeated hot-spots, and other efficiency opportunities identified during the first two 987 years of this Agreement. Any modifications to the street sweeping program shall 988 continue to provide the 1,300 annual sweeping miles service with no changes to the 243
24 989 “on-call” service hours. Contractor shall process the street sweeping debris at a 990 location designated by Town.
991
244
25 992 ARTICLE 5
993 OTHER SERVICES
994
995
996 5.01 Local Office and Truck Yard.
997 Contractor shall operate its local/regional office within the Town limits.. Office 998 hours shall be, at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, 999 exclusive of holidays. Responsible and qualified representatives (customer service 1000 representatives, office manager, etc) of Contractor shall be available during office 1001 hours for communication with the public at the local office. Normal office hour 1002 telephone numbers shall be a local call directed to the local office. Contractor's 1003 telephone system shall be adequate to handle the volume of calls typically 1004 experienced on the busiest days. Contractor shall also maintain a local or toll free 1005 telephone number for use during other than normal business hours. Contractor shall 1006 have a representative, answering or message providing/receiving (voice-mail) 1007 service available at said after-hours telephone number. Contractor’s telephone 1008 system shall be able to track customer hold times and the number of calls received on 1009 a daily basis by each customer service representative. 1010
1011 Contractor shall locate its truck yard for purposes of parking and maintenance 1012 within the Town limits or shall obtain approval from the Town to locate the truck 1013 yard outside the Town limits. The Town’s approval shall not be reasonably 1014 withheld.
1015
1016 Contractor shall locate its Household Hazardous Waste (HHW), E-waste and Buy 1017 Back facility as well as its customer service and office within the Town limits, subject 1018 to obtaining the necessary operating permits.
1019
1020 5.02 Service Notice and Service Recipient Billing
1021
1022 A. Service Notice. Contractor shall periodically prepare and distribute, a notice 1023 to each service recipient entitled or mandated to receive service under this 1024 Agreement listing Contractor's standard service rates, rates for other services, 1025 annual holiday schedule, and a general summary of services required under this 1026 Agreement to be provided service recipients. Such notice shall be in form subject 1027 to the Town’s approval prior to its distribution and may be included with Billings 1028 made by Contractor.
1029
1030 B. Billing. Contractor shall prepare, mail and collect bills (or shall issue written 1031 receipts for cash payments) from persons receiving Collection, Disposal, and 1032 Processing services. Billing shall be performed quarterly for each Residential 1033 account. Bills shall be mailed in advance of the provision of service but no more 1034 than one (1) month in advance. The Town shall have the right to revise the billing 1035 format (size, font, frequency, etc.) and to itemize certain charges and to review the 245
26 1036 Billing procedures. The Town may also direct Contractor to insert mailers 1037 relating to service with the Billings. The mailers must fit in standard envelopes 1038 and not increase the required postage. Contractor also agrees to insert with the 1039 Billings, at the Town’s' expense for the incremental cost, mailers describing 1040 activities of the Town. The Town will provide not less than thirty (30) days notice 1041 to Contractor prior to the mailing date of any proposed mailing to permit 1042 Contractor to make appropriate arrangements for inclusion of the Town’s 1043 materials. The Town will provide Contractor the mailers at least thirty (30) days 1044 prior to the mailing date. All Contractor generated mailers must be approved in 1045 advance by the Town with the exception of Contractor’s quarterly newsletter. 1046
1047 Contractor shall maintain, for inspection by the Town, copies of said Billings and 1048 receipts, in chronological order, for a period of three (3) years after the date of 1049 service. Contractor may, at its option, maintain those records in computer form, 1050 on microfiche, or in any other manner, provided that the records can be preserved 1051 and retrieved for inspection and verification in a timely manner. 1052
1053 The Town shall establish, by resolution, rates for the types of service provided. 1054 Contractor shall bill and Collect at those rates. Service recipients will be 1055 considered delinquent sixty (60) days after start of the quarter in which the 1056 services are provided. Contractor may discontinue service to any account, if 1057 payment is not received by Contractor within thirty (30) days after the end of the 1058 quarter in which the bill was issued. Contractor must provide all accounts with 1059 written notice of its intent to discontinue service at least thirty (30) days prior to 1060 such discontinuance.
1061
1062 The Town agrees to allow customers subscribing to 35 gallon can – Senior service 1063 as of November 1, 2006, to continue to receive a discounted senior rate. Customer 1064 will provide proof of eligibility by providing a November 2006 disposal services 1065 invoice and a document verifying their age is 65 or older. 1066
1067 Contractor agrees to offer residential customers a Service Suspension for a 1068 minimum of four weeks up to six months. Contractor may establish a minimum 1069 charge subject to the approval of the Town. Each Single Family Dwelling shall be 1070 allowed two Service Suspensions per calendar year for a maximum of six months. 1071
1072 C. Contractor as Billing Agent. Contractor shall act as Billing agent on behalf of 1073 the Town. Revenues collected on behalf of the Town shall be handled as 1074 described in Article 3 of this Agreement.
1075
1076 D. Review of Billings. Contractor shall review its Billings to service recipients 1077 under Section 5.02.B. The purpose of the review is to determine that the amount 1078 which Contractor is billing each service recipient is correct in terms of the level of 1079 service (i.e., frequency of Collection, size of container, location of container) being 1080 provided to such service recipient by Contractor. Contractor shall review service 246
27 1081 recipient accounts not less than every other year, unless the Town shall direct 1082 Contractor to do so annually, and submit to the Town a written report of that 1083 review annually on the anniversary of the effective day of this Agreement. The 1084 intent of this Section 502.D is for the Town to receive reports on an annual basis 1085 which will cover the entire list of service recipients every other year. The scope of 1086 the review and the reviewer's work plan shall be submitted to the Town for 1087 approval no later than six (6) months before the submission of the first report. 1088
1089 5.03 Service Recipient Complaint Resolution.
1090
1091 A. Complaint Documentation. All service Complaints shall be directed to 1092 Contractor. Daily logs of Complaints concerning Collection of Solid Waste, 1093 Recyclable Materials, and Yard Waste shall be retained for a minimum of thirty1094 six (36) months and shall be available to the Town at all times upon twenty-four 1095 (24) hour notice.
1096
1097 Contractor shall log all Complaints received by telephone and said log shall 1098 include the date and time the Complaint was received, name, address and 1099 telephone number of caller, description of Complaint, employee recording 1100 Complaint and the action taken by Contractor to respond to and remedy 1101 Complaint.
1102
1103 All Complaints and inquiries shall be date-stamped when received and shall be 1104 initially responded to within one (1) business day of receipt. Contractor shall log 1105 action taken by Contractor to respond to and remedy the Complaint. 1106
1107 All service records and logs kept by Contractor shall be made available to the 1108 Town upon request and at no cost to the Town. The Town shall, at any time 1109 during regular Contractor business hours, have access to Contractor's Facilities, 1110 records and personnel for purposes that may include monitoring the quality of 1111 service or researching Complaints.
1112
1113 B. Resolution of Complaints.
1114
1115 1. Scope. The provisions of this Section 5.03.B.1 shall govern the procedure 1116 for reviewing Complaints. The provisions of this Section are not exclusive, 1117 are cumulative, and are in addition to any and all other remedies which 1118 may accrue to the Town as a result of Contractor’s performance or failure 1119 to perform its duties and obligations, express or implied, hereunder, or 1120 otherwise as a result of Contractor’s actions in violation of this Agreement. 1121
1122 Nothing in this Section 5.03.B is intended to affect the remedies of third 1123 parties against Contractor; nor will the imposition of service recipient 1124 charges prevent the imposition of liquidated damages by the Town 1125 pursuant to Section 11.03.
247
28 1126
1127 2. Town Administrator’s Review. All Complaints received or initiated by the 1128 Town shall be reviewed by the Town Administrator who shall provide 1129 copies thereof to Contractor. The Town Administrator shall review each 1130 Complaint to determine whether the Complaint can be resolved 1131 informally, or whether the formal action hereunder is warranted. If the 1132 Town Administrator determines that formal action is warranted, he or she 1133 shall give written notice to Contractor and all interested parties of a 1134 hearing to be held by the Town Administrator on each such Complaint not 1135 less than ten (10) days from the date of said notice. 1136
1137 At the Town Administrator’s hearing on the Complaint, Contractor may 1138 present its response thereto, including, but not necessarily limited to, a 1139 written response including supporting documents. Within ten (10) days 1140 following the hearing, the Town Administrator shall make a determination 1141 upon the Complaint. The hearing conducted by the Town Administrator 1142 shall be informal, and rules of evidence shall not apply, but the Town 1143 Administrator may hear and consider such relevant statements, 1144 documents, or other materials as he or she shall determine appropriate 1145 under the circumstances.
1146
1147 If the Town Administrator determines that Contractor has violated, or is in 1148 continuing violation of, its duties and obligations under this Agreement, or 1149 otherwise in violation of any of the provisions hereof, the Town 1150 Administrator may issue a Compliance Order to Contractor or may order 1151 that the Complaint shall be heard by the Town’s Solid Waste Committee. 1152 In all cases in which the Town Administrator determines that the 1153 appropriate remedy should be termination or payment of compensatory 1154 damages, the Complaint shall be heard by the Town Council. If the Town 1155 Administrator orders that the Complaint shall be heard by the Town 1156 Council, he or she shall prepare a written report to the Town Council 1157 which shall state his or her findings, the basis therefore, and a 1158 recommended action.
1159
1160 3. Town’s Solid Waste Committee and Town Council Review. Contractor 1161 may appeal a Compliance Order issued by the Town’s Administrator to 1162 the Town’s Solid Waste Committee by filing a notice of appeal with the 1163 Clerk of the Town Council within ten (10) days of the date of the Town 1164 Administrator’s Compliance Order. The Clerk of the Town Council shall 1165 set the matter for hearing by the Town’s Solid Waste Committee within 1166 thirty (30) days of receipt of the notice of appeal unless Contractor consents 1167 to an extension of the time for the hearing.
1168
1169 If the Town Administrator orders a Complaint to be heard by the Town’s 1170 Solid Waste Committee pursuant to this Section, the Clerk of the Town 248
29 1171 Council shall set the matter for hearing within thirty (30) days of the date 1172 of such order, unless the time for hearing is extended by consent of 1173 Contractor.
1174
1175 At its hearing the Town’s Solid Waste Committee shall consider the 1176 Complaint anew, irrespective of whether the hearing is on appeal by 1177 Contractor or by order of the Town Administrator. If a Complaint is based 1178 upon the manner or quality of Contractor’s service to service recipients or 1179 members of the public, the hearing shall be a public hearing. If a 1180 Complaint is based upon a violation of the standards and procedures 1181 implemented under this Agreement, the hearing may, but shall not 1182 necessarily, be a public hearing, as the Town Administrator shall 1183 determine.
1184
1185 If, upon conclusion of the hearing and consideration of any advisory 1186 findings of fact, the Town’s Solid Waste Committee determines that 1187 Contractor has violated, or is in continuing violation of, any of its duties 1188 and obligations, either express or implied, under this Agreement, the 1189 Town Council may issue a Compliance Order, Termination Order for 1190 violations described in Section 11.01 C, E, F, I, J or K, or Order for Payment 1191 of Compensatory Damages, as it deems appropriate. The Town’s Solid 1192 Waste Committee’s decision shall be the final administrative 1193 determination, and shall be supported by written findings. 1194
1195
1196 4. Remedies.
1197
1198 a. Named. Remedies available to the Town pursuant to this Article 1199 include the issuance of a Compliance Order, Termination Order, or 1200 Order for Payment of Compensatory Damages, which terms are 1201 defined and described hereinafter. Such Orders may be issued 1202 subject to such terms and conditions as the Town Administrator (in 1203 the case of Compliance Orders) and the Town’s Solid Waste 1204 Committee (in the case of all such Orders issued by it) shall deem 1205 appropriate.
1206
1207 b. Compliance Order. A Compliance Order may be issued by the 1208 Town Administrator or the Town’s Solid Waste Committee upon a 1209 determination that Contractor has violated, or is in continuing 1210 violation of, any of its duties or obligations, either express or 1211 implied, under this Agreement, and shall direct Contractor 1212 forthwith to cease such violation, and may specify, if appropriate, 1213 the time within which such violation shall be remedied, and 1214 otherwise establish terms and conditions governing compliance 1215 there under.
249
30 1216
1217 c. Termination Order. If the Town’s Solid Waste Committee 1218 determines that Contractor has violated, or is in continuing 1219 violation of, Section 11.01 C, E, F, I, J or K under this Agreement, the 1220 Town Council may order termination of this Agreement. Such 1221 Termination Order shall be effective not less than thirty (30) days 1222 from the date of the Termination Order. Contractor shall not be 1223 entitled to any further revenues from Collection operations 1224 authorized hereunder from and after the effective date of 1225 termination.
1226
1227 d. Order for Payment of Compensatory Damages. If the Town’s Solid 1228 Waste Committee determines that Contractor has violated, or is in 1229 continuing violation of, any of its duties or obligations, either 1230 express or implied, under this Agreement, which has caused loss of 1231 revenues to the Town, or caused the Town to incur unnecessary 1232 costs or has caused loss or damages to any Person, it may order 1233 Contractor to pay compensatory damages therefore to the Town, or 1234 to the Person so damaged.
1235
1236 C. Government Liaison. Contractor shall designate in writing a “Government 1237 Liaison” who shall be responsible for working with the Town Administrator 1238 and/or the Town Administrator’s designated representative(s) to resolve service 1239 recipient complaints.
1240
1241 5.04 Education and Public Awareness.
1242
1243 A. General. Contractor acknowledges and agrees that education and public 1244 awareness are critical, key, and essential elements of any efforts to achieve 1245 diversion and effectively manage Solid and Hazardous Waste. Accordingly, 1246 Contractor agrees to take direction from the Town to explore opportunities to 1247 expand public and service recipient knowledge concerning needs and methods to 1248 reduce, reuse, and recycle Solid Waste, and to cooperate fully with the Town in 1249 this regard. Contractor’s public education plan is included as Exhibit C. 1250
1251 Contractor shall perform all of the public education activities related to the 1252 transition to new services, as described in Exhibit C. These education activities 1253 shall include, but not be limited to: mailings prior to the start of service, flyers 1254 handed out, follow-up mailings or hand-outs related to the new services, 1255 commercial advertising, and the mailing and hand-outs of The Town’s 1256 newsletters upon request.
1257
1258 B. Content Approval. Contractor shall make available to the Town, and the 1259 Town shall approve prior to its use, all public educational materials used by 1260 Contractor. At a minimum, Contractor materials will describe the specific types of 250
31 1261 Recyclable Materials and Yard Waste, explain how to prepare materials for 1262 Collection, and explain how, where, and when to set out Containers for 1263 Collection.
1264
1265 All public educational materials shall be printed on or manufactured from 1266 recycled materials and contain the highest practical level of post-consumer 1267 content. Contractor’s primary educational materials shall be available in English. 1268 Contractor may produce materials in additional languages for which there is a 1269 demand.
1270
1271 C. Community Events. At the direction of the Town, Contractor shall participate 1272 in and promote diversion techniques at community events and local activities. 1273 Such participation would normally include providing, without cost, educational 1274 and publicity information promoting the goals of the Town’s waste reduction and 1275 recycling programs.
1276
1277 D. Notification to New Service Recipients. Immediately upon request for new 1278 service, Contractor shall notify the new service recipients of the Recyclable 1279 Materials and Yard Waste Collection services offered by Contractor. At the 1280 Town’s request, such notification shall be available in languages other than 1281 English.
1282
1283 5.05 Waste Generation/Characterization Studies.
1284 Contractor acknowledges that the Town may perform Solid Waste generation and 1285 characterization studies periodically. Contractor agrees to participate and cooperate 1286 with the Town and their agents and to accomplish studies and data collection and 1287 prepare reports, as needed, to determine weights and volumes of Solid Waste and 1288 characterize Solid Waste generated, disposed, transformed, diverted or otherwise 1289 handled/processed to satisfy AB 939 requirements.
1290
1291 5.06 Local Purchases
1292
1293 Contractor shall purchase, at a minimum, the following supplies and services with 1294 the Town and if they are available within the Town limits:
1295
1296 a. Vehicle supplies(fuel, tires, service parts, etc) 1297 b. Office and facility supplies
1298 c. Printing/publishing
1299 d. Uniforms
1300 e. Banking
1301 f. Insurance
1302
1303 5.07 Vegetative Waste Collection Transfer Station
1304
251
32 1305 Contractor shall operate and manage the Town’s Vegetative Waste Collection 1306 Transfer Station if requested by the Town. Contractor agrees to operate the facility at 1307 the current established gate rate or at a rate approved and agreed upon by the Town 1308 Manager. Gate rates in subsequent years may be determined for adjustment by the 1309 Town Manager based upon an annual review of operations costs factors such as, but 1310 not limited to, current market for biomass fuels, Neal Road Landfill gate fees, CPI 1311 index, etc. The Town agrees to indemnify and hold harmless Contractor for past 1312 environmental liabilities and clean-up costs associated with known contamination at 1313 the facility.
1314
1315
252
33 1316 ARTICLE 6
1317 CONTRACTOR'S RATES
1318
1319 6.01 General.
1320
1321 A. Rate Resolution. The Town shall establish by resolution the maximum rates 1322 for the services provided by Contractor. The Town shall have the right to 1323 structure those rates as it deems appropriate so long as the revenues paid to the 1324 Contractor from charging such rates can reasonably be expected to generate 1325 sufficient revenues to provide for Contractor's Compensation. 1326
1327 B. Full and Complete Compensation. Contractor’s Compensation provided for 1328 in this Article 6 shall be the full, entire and complete compensation due to 1329 Contractor pursuant to this Agreement for all labor, equipment, materials and 1330 supplies, taxes, insurance, bonds, overhead, profit, and all other things necessary 1331 to perform all the services required by this Agreement in the manner and times 1332 prescribed.
1333
1334
1335
1336
1337 6.02 Initial Rates.
1338
1339 Solid Waste, Recyclable Materials and Yard Waste. Contractor's maximum rates for 1340 the initial eight (8) months of this Agreement (i.e., from May 1, 2017 to December 31, 1341 2017) shall be based on the “Solid Waste Collection Rate Schedule” provided in 1342 Exhibit F except for increases relating to pass-through costs. The revenue from such 1343 rates properly charged shall be the complete compensation due Contractor for the 1344 services performed by the Contractor in accordance with this Agreement. . 1345
1346 6.03 Subsequent Rates for Rate Years.
1347
1348 A. General. For each Rate Year beginning January 1, 2018, rates shall be adjusted 1349 as described below. For purposes of this calculation, rates shall be composed of 1350 three (3) components: a monthly Collection Rate, a monthly Disposal Rate, and a 1351 Franchise Fee.
1352
1353 B. Monthly Collection Rate Adjustment. The monthly Solid Waste, Recycling, 1354 and Yard Waste Collection Rates shall be adjusted upward or downward to 1355 reflect one hundred percent (100%) of the change in the California “Consumer 1356 Price Index, All Items for All Urban Consumers West Urban Area; 1982-84 = 100” 1357 for the most recent twelve (12) month period ending July as published by the U.S. 1358 Department of Labor, Bureau of Labor Statistics. No monthly Collection Rate 1359 increase shall exceed five percent (5%) per annum. 253
34 1360
1361 C. Monthly Disposal Rate Adjustment. The monthly Disposal Rate shall be 1362 adjusted based upon the percentage change in the gate rate at the Designated 1363 Disposal Site.
1364
1365 D. Franchise and Other Fee Adjustment. The Franchise Fee component shall be 1366 calculated by adding the monthly Collection Rate and the monthly Disposal Rate 1367 and multiplying the resulting total by 0.0753. The Other Fee component is 1368 composed of charges for the Vehicle Impact Fee and other miscellaneous fees, as 1369 determined by the Town.
1370
1371 E. Contractor's Application. By September 15, of each year, the Contractor shall 1372 submit an application request for adjustment of Rates to the Solid Waste 1373 Collection Rate Schedule to the Town. This application request shall be prepared 1374 and submitted with format in accordance with the procedures and as described in 1375 this Agreement and in Exhibit E.
1376
1377 F. Determination of Adjustment to Rates. The Town, or representative, will 1378 review the Contractor's application request for adjustment to Rates for 1379 compliance with this Agreement, accuracy, and reasonableness. The Town shall 1380 attempt in good faith to make the adjustment effective by January 1st of each Rate 1381 Year. However, the Town shall not make any retroactive adjustments to 1382 compensate for any delay in calculating the adjustment to rates which results 1383 from the failure of the Contractor to submit its request by September 15, of each 1384 Rate Year and/or respond promptly for information related to any of the 1385 calculations required by this Section or from appeals of the determination to the 1386 Town which extends the process of determination. The revenue from such rates 1387 properly charged shall be the complete compensation due Contractor for services 1388 performed by the Contractor in accordance with this Agreement. 1389
1390
1391
254
35 1392 ARTICLE 7
1393 REVIEW OF SERVICES AND PERFORMANCE
1394
1395 7.01 Performance Hearing.
1396 The Town may hold a public hearing on or about the first anniversary date of this 1397 Agreement and on or about each subsequent anniversary, at which time Contractor 1398 shall be present and shall participate, to review its services and overall performance. 1399 The purpose of the hearing is to provide for a discussion and review of technological, 1400 economic, and regulatory changes in Collection, waste reduction, Recycling, Yard 1401 Waste diversion, processing and Disposal to achieve a continuing, advanced Solid 1402 Waste Collection, waste reduction and diversion system; and to ensure services are 1403 being provided with adequate quality, effectiveness and economy. 1404
1405 Within forty-five (45) days after receiving notice from the Town of a Solid Waste 1406 performance review hearing, Contractor shall, at a minimum, submit a report to the 1407 Town indicating changes recommended and/or new services to improve the Town’s 1408 ability to meet the Town’s waste reduction and recycling obligations and goals and 1409 to contain costs and minimize impacts on rates.
1410
1411 The reports required by this Agreement regarding service recipient Complaints shall 1412 be used as one basis for review. Contractor may submit other relevant performance 1413 information and reports for consideration. The Town may request Contractor to 1414 submit specific information for the hearing. In addition, any service recipient may 1415 submit comments or Complaints during or before the hearing, either orally or in 1416 writing, and these shall be considered.
1417
1418 Topics for discussion and review at the Solid Waste performance hearing shall 1419 include, but shall not be limited to, services provided, feasibility of providing new 1420 services, application of new technologies, service recipient Complaints, amendments 1421 to this Agreement, developments in the applicable laws and regulations, new 1422 initiatives for meeting or exceeding waste reduction and recycling goals, regulatory 1423 constraints and Contractor performance. The Town and Contractor may each select 1424 additional topics for discussion at any performance review hearing. 1425
1426 Not later than sixty (60) days after the conclusion of each performance hearing, the 1427 Town may issue a report. As a result of the review, the Town may require 1428 Contractor to provide expanded or new services within a reasonable time and for 1429 reasonable rates and compensation and the Town may direct Contractor to take 1430 corrective actions for any performance inadequacies. 1431
1432 7.02 Annual Diversion Program Review.
1433 Beginning on the Effective Date of the Agreement, and then on an annual basis 1434 thereafter, Contractor shall meet with the Town to describe the progress of each 1435 active diversion program. Contractor should document the results of the programs 255
36 1436 on a monthly basis, including at a minimum the tonnage diverted by material type, 1437 the end use or processor of the diverted materials and the cost per ton for 1438 transporting and processing each type of material and other such information 1439 requested by the Town or any other government entity as may be necessary to 1440 evaluate the performance of each program.
1441
1442 At each annual meeting, the Town and Contractor shall have the opportunity to 1443 revise a program based on mutually agreed upon terms. The Town shall have the 1444 right to terminate a program if in its sole discretion, the Contractor is not cost 1445 effectively achieving the program’s goals and objectives. Prior to such termination, 1446 the Town shall meet and confer with the Contractor for a period of up to 90 days to 1447 resolve the Town’s concerns. Thereafter, the Town may utilize a third party to 1448 perform these services if the Town reasonably believes the third party can improve 1449 on Contractor’s performance and/or cost. Notwithstanding these changes, 1450 Contractor shall continue the program during the meet and confer period and, 1451 thereafter, until the third party takes over the program. 1452
1453
256
37 1454 ARTICLE 8
1455 RECORDS, REPORTS AND INFORMATION REQUIREMENTS
1456
1457 8.01 General.
1458 Contractor shall conduct data collection, information and record keeping, and 1459 reporting activities needed to comply with and to meet the reporting and Solid 1460 Waste program management needs of the Town (including AB939) and other Federal 1461 and State and local laws and regulations and the requirements of this Agreement. To 1462 this extent, such requirements set out in this and other Articles of this Agreement 1463 shall not be considered limiting or necessarily complete. In particular, this Article is 1464 intended to only highlight the general nature of records and reports and their 1465 minimum content and is not meant to comprehensively define what the records and 1466 reports are to be and their content. Further, with the written direction or approval of 1467 Town, the records and reports to be maintained and provided by Contractor in 1468 accordance with this and other Articles of the Agreement shall be adjusted in 1469 number, format, or frequency. Records and reporting may be revised to reflect 1470 current record keeping and reporting.
1471
1472 8.02 Records.
1473
1474 A. General. In order to administer this Agreement it is necessary for Contractor 1475 to maintain accurate, detailed financial and operational information in a 1476 consistent format and to make such information available to the Town in a timely 1477 fashion. Contractor shall maintain records required to conduct its operations, to 1478 support requests it may make to the Town, and to respond to requests from the 1479 Town in the conduct of Town’s business. Adequate record security shall be 1480 maintained to preserve records from events that can be reasonably anticipated 1481 such as a fire, theft and earthquake. Electronically maintained data/records shall 1482 be protected and backed up. All records shall be maintained for five (5) years 1483 after the expiration of this Agreement.
1484
1485 Contractor agrees that the records of any and all companies conducting 1486 operations addressed in the Agreement shall be provided or made available to 1487 the Town and its official representatives during normal business hours. 1488
1489 B. Inspection and Retention of Records.
1490 1. Contractor's Accounting Records. Contractor shall maintain accurate and 1491 complete accounting records containing the underlying financial and 1492 operating data relating to and showing the basis for computation of all 1493 costs associated with providing services under this Agreement. The 1494 accounting records shall be prepared in accordance with Generally 1495 Accepted Accounting Principles (GAAP) consistently applied. 257
38 1496 2. Inspection of Records. The Town, and/or agents selected by the Town, 1497 shall have the right, during regular business hours, to conduct 1498 unannounced on-site inspections of the records and accounting systems of 1499 Contractor and to make copies of any documents relevant to this 1500 Agreement.
1501 3. Retention of Records. Unless otherwise herein required, Contractor shall 1502 retain all records and data required to be maintained by this Agreement 1503 for at least five (5) years.
1504
1505 Records and data required to be maintained that are specifically directed to 1506 be retained shall be retrieved by Contractor and made available to the 1507 Town.
1508
1509 Records and data required to be maintained that are not specifically 1510 directed to be retained that are, in the sole opinion of the Town, material to 1511 establishing rates or to a determination of the Contractor's performance 1512 under this Agreement, shall be retrieved by Contractor and made available 1513 to the Town.
1514
1515 Records and data required to be maintained that are not specifically 1516 directed to be retained and that are not material to establishing rates 1517 and/or not required for the determination of the Contractor's performance 1518 do not need to be retrieved by Contractor. In such a case, however, the 1519 Town may make reasonable assumptions regarding what information is 1520 contained in such records and data, and such assumption shall be 1521 conclusive in whatever action the Town takes.
1522
1523 4. Delivery of Financial Statements, Auditors' Reports. Financial statements 1524 shall show Contractor’s results of operations on a combined basis for the 1525 Town, including the specific revenues and expenses in connection with the 1526 operations provided for in this Agreement and others included in such 1527 financials statements. The financial statements shall be prepared in 1528 accordance with Generally Accepted Accounting Principles (GAAP). The 1529 financial statements shall be prepared by the Contractor and marked 1530 “unaudited”. Such statements should include a certification by the 1531 Contractor’s Chief Financial Officer. The financial statements for Rate 1532 Years shall have been examined by and shall be accompanied by the report 1533 of an independent certified public accountant (CPA) licensed (in good 1534 standing) to practice public accounting in the State of California as 258
39 1535 determined by the State of California Consumer Affairs Board of 1536 Accountancy. Such accountant’s representation shall include that it has 1537 examined the Contractor's financial statements in accordance with 1538 Generally Accepted Auditing Standards (GAAS) and the accountant's 1539 opinion that such statements have been prepared in accordance with 1540 Generally Accepted Accounting Principles (GAAP) consistently applied 1541 and fairly reflect the results of operations and Contractor's financial 1542 condition.
1543
1544 C. Solid Waste Records. Records shall be maintained and made available to the 1545 Town within 24 hours of written request relating to:
1546 1. Service recipient services and billing;
1547 2. Character, weight and volume of Solid Waste by type (e.g., Solid Waste, 1548 Recyclable Materials, and Yard Waste) and line of business (can/cart 1549 service, bin service, roll-off service, compactor service) especially as related 1550 to reducing and diverting Solid Waste.
1551 3. Routes;
1552 4. Facilities, equipment and personnel used;
1553 5. Facilities and equipment operations, maintenance and repair; 1554 6. Processing and Disposal of Solid Waste;
1555 7. Types and quantities of Hazardous Waste inadvertently Collected but 1556 diverted from landfilling;
1557 8. Complaints; and,
1558 9. Missed Pick-ups.
1559
1560 Contractor shall maintain records of all Solid Waste Collected in the Town’s 1561 Service Area for the period of this Agreement and all extensions to this 1562 Agreement or successor Agreements. In the event the Town requests certain 1563 records or Contractor discontinues providing services to the Town, Contractor 1564 shall provide all records of all Solid Waste requested to the Town within thirty 1565 (30) days of discontinuing service. Records shall be in chronological and 1566 organized form and readily and easily interpreted. 1567
259
40 1568 D. CERCLA Defense Records. The Town views the ability to defend against 1569 CERCLA and related litigation as a matter of great importance. For this reason, 1570 the Town regards the ability to prove where Solid Waste Collected in the Service 1571 Area was taken for Transfer or Disposal, as well as where it was not taken, to be 1572 matters of concern. Contractor shall maintain data retention and preservation 1573 systems which can establish where Solid Waste Collected in the Service Area was 1574 disposed of (and therefore establish where it was not landfilled). This provision 1575 shall survive the expiration of the period during which Collection services are to 1576 be provided under this Agreement. Contractor shall maintain these records for a 1577 minimum of ten (10) years. Contractor shall provide these records to the Town in 1578 an organized and indexed manner rather than destroying or disposing of them. 1579
1580 E. Recyclable Materials and Yard Waste Records. Records shall be maintained 1581 for the Town that relate to:
1582 1. Records described in Section 8.02.C, above;
1583 2. Recyclable Materials, and Yard Waste Collection weekly and /or bi-weekly 1584 participation rates.
1585 3. Recyclable Materials sales value;
1586 4. Weight of material by type; and,
1587 5. End use and markets.
1588
1589 F. Other Programs' Records. Records for other programs shall be tailored to 1590 specific needs. In general, they shall include:
1591 1. Plans, tasks, and milestones; and,
1592 2. Accomplishments in terms such as dates, activities conducted, quantities of 1593 products used, produced or distributed, and numbers of participants and 1594 responses.
1595
1596 8.03 Reports.
1597
1598 A. Report Formats and Schedule. Records shall be maintained in forms and by 1599 methods that facilitate flexible use of data contained in them to structure reports, 1600 as needed. Reports are intended to compile recorded data into useful forms of 1601 information that can be used to, among other things:
1602
260
41 1603 1. Determine the number of subscribers to each service by service level, and 1604 the total revenues generated.
1605 2. Determine the total quantity of material Collected, transferred, Recycled 1606 processed and / or disposed through each program and service, by 1607 material type.
1608 3. Evaluate past and expected progress towards achieving the Town’s 1609 diversion goals and objectives;
1610 4. Determine needs for adjustment to programs; and, evaluate service 1611 recipient service and Complaints.
1612 5. Prepare AB 939 Annual Reports and any and all other State required 1613 reports.
1614
1615 Contractor may propose report formats that are responsive to the objectives and 1616 audiences for each report. The format of each report shall be approved by the 1617 Town. Contractor agrees to submit all reports on computer discs or by modem in 1618 a format compatible with Town’s software/computers at no additional charge, if 1619 requested by the Town. Contractor will provide a certification statement, under 1620 penalty or perjury, by the responsible Contractor official, that the report being 1621 submitted is true and correct to the best knowledge of such official after their 1622 reasonable inquiry.
1623
1624 Annual Reports shall be submitted not later than April 1st following the calendar 1625 year.
1626
1627 All reports shall be submitted to:
1628
1629 Town of Paradise
1630 Town Hall
1631 5555 Skyway
1632 Paradise, CA 95969
1633 Attn: Town Manager
1634
1635 B. Annual Reports. Annual Reports are to include the following information, at 1636 a minimum, compiled and reported for each month of the year, and as an annual 1637 total. Annual totals are also to be provided for all previous years of the 1638 Agreement for purposes of comparison. The information listed below shall be the 1639 minimum reported for each service. To the extent that the requested information 1640 is not tracked directly by the Contractor or can not be specifically established due 1641 to the nature of the Contractor’s operations, the Contractor shall present to the 261
42 1642 Town a proposed method for estimating the required information, the 1643 reasonableness of which shall be subject to the approval of the Town. 1644
1645 1. Solid Waste Collection Services.
1646
1647 a. Solid Waste tons Collected by Contractor, allocated between 1648 Residential cart service, Commercial cart and bin service, roll-off 1649 and compactor service.
1650
1651 b. Number of subscribers by service level
1652
1653 c. Subscriber data including name, address, and service level 1654
1655 d. Total Gross Revenues by service level, including revenues 1656 generated by each type of “Extra Services”.
1657
1658 e. Number of Disabled Accounts.
1659
1660 f. Number of compactor accounts, size of compactors and number and 1661 size of compactors provided by the Contractor.
1662
1663 g. Number of debris-box pulls by bin size.
1664
1665 h. Tons processed and recovered through each processing operation 1666 including Construction Demolition Debris Recovery Program, 1667 Material Recovery Facility and any other processing operations 1668
1669 i. Complaint summary, for month and cumulative for report year, as 1670 above. Data shall be summarized by nature of Complaints on a 1671 compatible computer disc.
1672
1673 j. Narrative summary of problems encountered (including 1674 scavenging) and actions taken with recommendations for the Town, 1675 as appropriate.
1676
1677 k. Description of promotional and public education materials created 1678 or distributed.
1679
1680 l. A summary or copy of the Hazardous Waste records required under 1681 Sections 8.02.C and 8.02.D.
1682
1683 m. Other information or reports that the Town may reasonably request 1684 or require.
262
43 1685 2. Recyclable Materials and Yard Waste Services. Contractor shall provide 1686 the same information as Solid Waste service, but for Recyclable Materials 1687 and Yard Waste services, Contractor shall provide:
1688
1689 a. Total tons diverted by each program/service (e.g., Residential 1690 Curbside Recycling, Residential Yard Waste, Commercial 1691 Recycling), by material type and end use.
1692
1693 b. Number of accounts for each program/service, number and size of 1694 Containers and total tons Recycled by material type. 1695
1696 c. Participation and set-out rates in same format as number of 1697 accounts.
1698
1699 d. Recyclable Materials sales revenue by material type. 1700 3. Contractor shall provide information about Street Sweeping Program set 1701 forth in Exhibit H.
1702 4. Other Programs. For each program, provide activity related and narrative 1703 reports on goals and milestones and accomplishments. Describe problems 1704 encountered, actions taken and any recommendations to facilitate 1705 progress. Describe vehicles, personnel, and equipment utilized for each 1706 program.
1707 5. Summary Assessment. Provide a summary assessment of the overall 1708 Franchised Services from Contractor's perspective relative to financial and 1709 physical status of program. The physical status summary is to report:
1710 operating efficiency, economy and effectiveness of the program relative to 1711 the goals and objectives of this Agreement including particularly the 1712 Town’s diversion goals; provide recommendations and plans to improve; 1713 highlight significant accomplishments and problems. 1714
1715 C. AB 939 Reports. As part of the requirements of this Agreement the Contractor 1716 shall prepare and submit all required AB 939 reports to the Town or the Butte 1717 County Regional Waste Management Authority for their submission to 1718 CalRecycle, including Annual Reports, reports and other required information 1719 related to the existing Compliance Order (Tracking No: IWMA BR99-04) and any 1720 other State required reports. Reports are to comply with specified formats and are 1721 to be submitted according to the specified schedules. It is the intent of the Town 1722 for the Contractor to be responsible for all such reporting to the Authority on 1723 behalf of the Town, unless otherwise directed by the Town. 263
44 1724
1725 D. Resource Recovery Plan. As part of its Annual Report to the Town described 1726 in Section 8.03.B, Contractor shall submit to the Town an annual proposal 1727 describing proposed resource recovery programs, their diversion potential and 1728 associated detailed costs for programs that Contractor believes can significantly 1729 increase diversion. Within sixty days, the Town shall respond to the Plan in 1730 writing. If the Parties reach agreement on implementation of additional 1731 programs, Contractor shall be obligated to implement those programs on a 1732 schedule and for a cost agreed to by the Parties.
1733
1734 E. Quarterly Reports. The Town reserves the right to require more frequent 1735 reporting by the Contractor (e.g., quarterly reports) of information for purposes of 1736 documenting progress toward meeting its AB 939 reporting requirements or other 1737 purpose deemed necessary by the Town.
1738
1739 8.04 Adverse Information.
1740
1741 A. Reporting Adverse Information. Contractor shall provide the Town two (2) 1742 copies (one to the Town Administrator, one to the Town’s Attorney) of all reports, 1743 pleadings, applications, notifications, Notices of Violation, communications or 1744 other material relating specifically to Contractor’s performance of services 1745 pursuant to this Agreement, submitted by Contractor to, or received by 1746 Contractor from, the United States or California Environmental Protection 1747 Agency, CalRecycle, the Securities and Exchange Commission or any other 1748 Federal, State or local agencies, including any Federal or State court. Copies shall 1749 be submitted to the Town simultaneously with Contractor’s filing or submission 1750 of such matters with said agencies. Contractor’s routine correspondence to said 1751 agencies need not be routinely submitted to the Town, but shall be made 1752 available to the Town promptly upon the Town’s written request. 1753
1754 B. Failure to Report. The refusal or failure of Contractor to file any required 1755 reports, or to provide required information to the Town, or the inclusion of any 1756 materially false or misleading statement or representation by Contractor in such 1757 report shall be deemed a material breach of the Agreement as described in Section 1758 11.01 and shall subject Contractor to all remedies which are available to the Town 1759 under the Agreement or otherwise.
1760
1761 8.05 Right to Inspect Records.
1762 The Town shall have the right to inspect or review the payroll tax reports, specific 1763 documents or records required expressly or by inference pursuant to this Agreement, 1764 or any other similar records or reports of Contractor or its Related Party Entities that 1765 the Town shall deem, in its sole discretion, necessary to evaluate annual reports, 1766 compensation applications provided for in this Agreement and Contractor's 1767 performance provided for in this Agreement.
1768
264
45 1769 ARTICLE 9
1770 INDEMNIFICATION, INSURANCE AND BOND
1771
1772 9.01 Indemnification.
1773
1774 A. General Indemnification. Contractor shall indemnify, defend and hold 1775 harmless, at Contractor’s sole cost and expense, the Town, its officers, employees 1776 and agents, from and against any and all loss, liability, penalty, forfeiture, claim, 1777 demand, action, proceeding or suit, of any and every kind and description, 1778 whether judicial, quasi-judicial or administrative in nature including, but not 1779 limit to, injury to and death of any Person and/or damage to property or for 1780 contribution or indemnity claimed by third parties (collectively, the “Claims”), 1781 arising out of or occasioned in any way by, directly or indirectly, Contractor’s 1782 performance of, or its failure to perform, its obligations under the Agreement, but 1783 not limited to, Contractor’s failure to comply with applicable laws or the 1784 Contractor’s breach of its representation and warranties in this Agreement. The 1785 foregoing shall also apply if the Claim is caused by the joint negligence of the 1786 Town and Contractor, but only to the extent to Contractor’s negligence. This 1787 indemnification will not extend to Claims to the extent they are caused by the sole 1788 negligence or intentional misconduct or omission of the Town. This general 1789 indemnification provision shall survive the termination of this Agreement. 1790
1791 B. Hazardous Substance Indemnification. Contractor shall indemnify, defend 1792 with counsel selected by the Town, protect and hold harmless the Town and their 1793 officers, directors, employees, volunteers, and agents, and member agencies, their 1794 officers, directors, employees, volunteers, and agents, (collectively, indemnitee) 1795 from and against all claims, damages (including but not limited to special, 1796 consequential, natural resources and punitive damages), injuries, costs, (including 1797 without limit any and all response, remediation and removal costs), losses, 1798 demands, debts, liens, liabilities, causes of action, suits, legal or administrative 1799 proceedings, interest, fines, charges, penalties, and expenses (including without 1800 limit attorneys’ expert witness fees and costs incurred in connection with 1801 defending against any of the foregoing or in enforcing this indemnity), 1802 (Collectively, “Damages”) or any kind whatsoever paid, incurred or suffered by, 1803 or asserted against, indemnitee arising from or attributable to the acts or 1804 omissions of Contractor, its officers, directors, employees, companies or agents, 1805 whether or not negligent or otherwise culpable, in connection with or related to 1806 the performance of this Agreement, including without limit damages arising from 1807 or attributable to any operations, repair, clean-up or detoxification, or preparation 1808 and implementation of any removal, remedial, response, closure, post-closure or 1809 other plan (regardless of whether undertaken due to governmental action) 1810 concerning any Hazardous Substance, Hazardous Waste, and/or construction 1811 and street debris, or other waste Collected under this Agreement. This indemnity 1812 afforded indemnitee, shall be limited only to exclude coverage for intentional 1813 wrongful acts and active negligence of indemnitee, indemnitee delivery of 265
46 1814 material to Contractor which does not conform to the descriptions of Solid Waste 1815 under this Agreement and as provided below. The forgoing indemnity is 1816 intended to operate as an agreement in recognition of §107(e) of the 1817 Comprehensive Environmental Response, Compensation and Liability Act, 1818 CERCLA, 42 USC. §9607(e) and California Health and Safety Code §25364, to 1819 defend, protect, hold harmless, and indemnify the Town from liability. This 1820 provision is in addition to all other provisions in this Agreement and is intended 1821 to survive the end of the Term of this Agreement. Nothing in this paragraph shall 1822 prevent Contractor from seeking indemnification or contribution from Persons or 1823 entities other than indemnitee, for any liabilities incurred by Contractor, or the 1824 indemnitee. As appropriate, Contractor's parent company should provide the 1825 guarantees necessary to meet this provision.
1826
1827 Should the Town contract for or direct the Disposal of Solid Waste to a Transfer 1828 Station or landfill not owned or solely operated by Contractor or an Affiliate, then in 1829 that event, Contractor’s Hazardous Substances indemnification and other indemnitee 1830 shall not apply to claims, damages, legal proceedings or other liabilities arising from 1831 or relating to such non-Contractor owned or operated Transfer Station or Disposal 1832 Facility.
1833 9.02 AB 939 Indemnification.
1834 In addition to all other relief provided to the Town under this Agreement, Contractor 1835 agrees to indemnify and hold harmless the Town, their officers, directors, Councils, 1836 employees, and agents from and against all fines and/or penalties imposed by 1837 CalRecycle in the event the source reduction and Recycling goals or any other 1838 requirement of the Act are not met by the Town with respect to the waste stream 1839 Collected under this Agreement and such failure is due to the failure of Contractor to 1840 meet its obligations under this Agreement and/or for delays in providing 1841 information that prevents the Town from submitting reports required by AB 939 in a 1842 timely manner.
1843
1844 9.03 Insurance.
1845
1846 A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1847
1848 1. The most recent editions of Insurance Services Office form number GL 1849 0002 covering Comprehensive or Commercial General Liability and 1850 Insurance Services Office form number GL 0404 covering Broad Form 1851 Comprehensive or Commercial General Liability; or Insurance Services 1852 Office Commercial General Liability coverage ("occurrence" form CG 1853 0001).
266
47 1854 2. The most recent editions of Insurance Services Office form number CA 1855 0001 covering Automobile Liability, code 1 "any auto" and endorsement 1856 CA 0025.
1857 3. Workers' Compensation insurance as required by the Labor Code of the 1858 State of California and Employers Liability insurance. 1859
1860 B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1861
1862 1. Comprehensive General Liability: Five Million Dollars ($5,000,000) 1863 combined single limit per occurrence for bodily injury, Personal injury and 1864 property damage.
1865 2. Automobile Liability: Five Million Dollars ($5,000,000) combined single 1866 limit per accident for bodily injury and property damage. 1867 3. Workers' Compensation and Employers Liability: Workers' compensation 1868 limits as required by the Labor Code of the State of California and 1869 Employers Liability limits of $1,000,000 per accident. 1870
1871 C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured 1872 retentions are the responsibility of Contractor and shall be declared to the Town. 1873 At the option of the Town, either: the insurer shall reduce or eliminate such 1874 deductibles or self-insured retentions as respects the Town, its officials and 1875 employees, directors, agents and volunteers; or Contractor shall procure a bond 1876 guaranteeing payment of losses and related investigations, claim administration 1877 and defense expenses.
1878
1879 D. Other Insurance Provisions. The policies are to contain, or be endorsed to 1880 contain, the following provisions:
1881 1. General Liability and Automobile Liability Coverage 1882 a. The Town, their officials, employees, directors, agents and 1883 volunteers are to be covered as additional insured as respects:
1884 liability arising out of activities performed by or on behalf of 1885 Contractor; products and completed operations of Contractor; 1886 Premises owned, leased or used by Contractor; or automobiles 1887 owned, leased, hired or borrowed by Contractor. The coverage 1888 shall contain no special limitations on the scope of protection 1889 afforded to the Town, its officials, employees or volunteers. 1890
267
48 1891 b. Contractor's insurance coverage shall be primary insurance as 1892 respects the Town, its officials, directors, employees and volunteers. 1893 Any insurance or self-insurance maintained by the Town, its 1894 officials, employees, directors, agents or volunteers shall be excess 1895 of Contractor's insurance and shall not contribute with it. 1896
1897 c. Any failure to comply with reporting provisions of the policies shall 1898 not affect coverage provided to the Town, its officials, employees, 1899 directors, agents or volunteers.
1900
1901 d. Coverage shall state that Contractor's insurance shall apply 1902 separately to each insured against whom claim is made or suit is 1903 brought, except with respect to the limits of the insurer's liability. 1904
1905 2. Workers' Compensation and Employers Liability Coverage. The insurer 1906 shall agree to waive all rights of subrogation against the Town, its officials, 1907 employees, directors, agents and volunteers for losses arising from work 1908 performed by Contractor for the Town.
1909 3. All Coverage. Each insurance policy required by this clause shall be 1910 endorsed to state that coverage shall not be suspended, voided, canceled 1911 by either party, reduced in coverage or in limits except after thirty (30) 1912 days' prior written notice by certified mail, return receipt requested, has 1913 been given to the Town.
1914
1915 E. Acceptability of Insurers. The insurance policies required by this Section 1916 shall be issued by an insurance company or companies admitted or approved 1917 non-admitted to do business in the State of California subject to the Authority of 1918 the California Insurance Commissioner and with a rating in the most recent 1919 edition of Best's Insurance Reports of size category VII or larger and a rating 1920 classification of A or better.
1921
1922 F. Verification of Coverage. Contractor shall furnish the Town with certificates 1923 of insurance and with original endorsements affecting coverage required by this 1924 clause. The certificates and endorsements for each insurance policy shall be 1925 signed by a Person authorized by that insurer to bind coverage on its behalf. The 1926 certificates and endorsements are to be on forms provided by or acceptable to the 1927 Town and are to be received and approved by the Town before work commences. 1928 The Town reserves the right to require complete, certified copies of all required 1929 insurance policies, at any time.
1930
1931 G. Subcontractor. Contractor shall include all subcontractors as insured under 1932 its policies or shall furnish separate certificates and endorsements for each 268
49 1933 subcontractor. All coverages for subcontractors shall be subject to all of the 1934 requirements stated herein.
1935
1936 H. Required Endorsements.
1937
1938 1. The Workers' Compensation policy shall contain an endorsement in 1939 substantially the following form:
1940
1941 "Thirty (30) days prior written notice shall be given to the Town in the event of 1942 cancellation, reduction in coverage, or non-renewal of this policy. Such notice 1943 shall be sent to:
1944 Town of Paradise
1945 Town Hall
1946 5555 Skyway
1947 Paradise, CA 95969
1948 Attn: Town Manager
1949
1950 2. The Public Liability policy shall contain endorsements in substantially the 1951 following form:
1952
1953 a. "Thirty (30) days prior written notice shall be given to the Town in 1954 the event of cancellation, reduction in coverage, or non-renewal of 1955 this policy. Such notice shall be sent to:
1956
1957 Town of Paradise
1958 Town Hall
1959 5555 Skyway
1960 Paradise, CA 95969
1961 Attn: Town Manager
1962
1963 b. "The Town, its officers, employees, directors, agents and volunteers 1964 are additional insured on this policy."
1965
1966 c. "This policy shall be considered primary insurance as respects any 1967 other valid and collectible insurance maintained by the Town, 1968 including any self-insured retention or program of self-insurance, 1969 and any other such insurance shall be considered excess insurance 1970 only."
1971
1972 d. "Inclusion of the Town as an insured shall not affect the Town’s 1973 rights as respects any claim, demand, suit or judgment brought or 1974 recovered against Contractor. This policy shall protect the 269
50 1975 Contractor and the Town in the same manner as though a separate 1976 policy had been issued to each, but this shall not operate to increase 1977 Contractor's liability as set forth in the policy beyond the amount 1978 shown or to which Contractor would have been liable if only one 1979 party had been named as an insured."
1980
1981 I. Delivery of Proof of Coverage. On or before the Effective Date, Contractor 1982 shall furnish the Town with certificates of each policy of insurance required 1983 hereunder. Such certificates shall show the type and amount of coverage, 1984 effective dates, and dates of expiration of polices and shall note all required 1985 endorsements. The certificates for each policy are to be signed by a Person 1986 authorized at the insurer to bind coverage on its behalf. If at any time the Towns 1987 so requests, complete certified copies of each policy, together with all 1988 endorsements, shall also be promptly delivered to the Town. Contractor shall 1989 periodically furnish renewal certificates to the Town to demonstrate maintenance 1990 of the required coverage throughout the Term.
1991
1992 J. Other Insurance Requirements.
1993
1994 1. In the event any services are delegated to a subcontractor, Contractor shall 1995 require such subcontractor to provide statutory workers’ compensation 1996 insurance and employer’s liability insurance for all of the subcontractor’s 1997 employees engaged in the work. The liability insurance required by this 1998 Section 9.03.J.1 shall cover all subcontractors or the subcontractor must 1999 furnish evidence of insurance provided it meets all of the requirements of 2000 this Section 9.03.J.1.
2001 2. Contractor shall comply with all requirements of the insurer's policies. The 2002 carrying of insurance shall not relieve Contractor from any obligation 2003 under this Agreement. If any claim is made by any third party against 2004 Contractor or a subcontractor on account of any occurrence related to this 2005 Agreement, Contractor shall promptly report the facts in writing to the 2006 insurance carrier and to the Town.
2007 3. If Contractor fails to procure and maintain any insurance by this 2008 Agreement, the Town may take out and maintain, at Contractor’s expense, 2009 such insurance as the Town may reasonably deem proper in accordance 2010 with the limits set forth herein and Contractor shall reimburse the Town 2011 for the cost of such insurance within thirty days of being invoiced by the 2012 Town for such costs.
2013
270
51 2014 4. The Comprehensive General Liability insurance required by the Section 2015 shall be written on an occurrence (not accident) rather than a “claims 2016 made” basis, if such coverage is obtainable. If its is not obtainable, 2017 Contractor shall notify the Town and arrange for “tail coverage” to protect 2018 the Town from claims filed during the three years immediately following 2019 the expiration or termination of this Agreement relating to incidents which 2020 occurred prior to such expiration or termination.
2021
2022 9.04 Letter of Credit.
2023 Simultaneously with the execution of this Agreement, Contractor shall file with the 2024 Town an irrevocable letter of credit in a form approved by the Town Attorney 2025 securing Contractor’s performance of its obligations under this Agreement and shall 2026 maintain such letter of credit on an annual basis and shall be annually renewed 2027 thereafter throughout the Term of this Agreement. The Town shall have the right to 2028 make draws from the letter of credit if Contractor breaches this Agreement. The 2029 principal sum of the letter of credit shall be $100,000.00. 2030
2031
2032
271
52 2033 ARTICLE 10
2034 TOWN’S RIGHT TO PERFORM SERVICE
2035
2036 10.01 General.
2037 In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to 2038 Collect or transport any or all Solid Waste, Recyclable Materials, and Yard Waste 2039 which it is required by this Agreement, at the time and in the manner provided in 2040 this Agreement, for a period of more than forty-eight (48) hours, and if, as a result 2041 thereof, Solid Waste, Recyclable Materials, and Yard Waste should accumulate in the 2042 Service Area to such an extent, in such a manner, or for such a time that the Town 2043 should find that such accumulation endangers or menaces the public health, safety or 2044 welfare, then the Town shall have the right, but not the obligation, upon twenty-four 2045 (24) hour prior written notice to Contractor during the period of such emergency as 2046 determined by the Town, (1) to perform, or cause to be performed, such services 2047 itself with its own or other personnel without liability to Contractor; and/or (2) to 2048 take temporary possession of any or all of Contractor's land, equipment and other 2049 property used or useful in the Collection and transportation of Solid Waste, 2050 Recyclable Materials, and Yard Waste, and to use such property to Collect and 2051 transport any Solid Waste, Recyclable Materials, and Yard Waste generated within 2052 the Service Area which Contractor would otherwise be obligated to Collect and 2053 transport pursuant to this Agreement.
2054
2055 If Solid Waste, Recyclable Materials, and Yard Waste accumulates in the Service Area 2056 to such an extent, in such a manner or for such a time that the Town finds that such 2057 accumulation represents an immediate danger or menace to the public health safety 2058 or welfare, the Town shall not be required to provide the twenty-four (24) hour prior 2059 written notice set forth above in order to take the above actions. 2060
2061 Notice of Contractor's failure, refusal or neglect to Collect and transport Solid Waste, 2062 Recyclable Materials, and Yard Waste may be given orally by telephone to 2063 Contractor at its principal office and shall be effective immediately. Written 2064 confirmation of such oral notification shall be sent to Contractor within twenty-four 2065 (24) hours of the oral notification.
2066
2067 Contractor further agrees that in such event:
2068
2069 A. It will take direction from the Town to affect the transfer of possession of 2070 equipment and property to the Town for its use.
2071
2072 B. It will, if the Town so requests, keep in good repair and condition all of such 2073 equipment and property, provide all motor vehicles with fuel, oil and other 2074 service, and provide such other service as may be necessary to maintain said 2075 property in operational condition.
2076
272
53 2077 C. The Town may immediately engage all or any personnel necessary or useful 2078 for the Collection and transportation of Solid Waste, Recyclable Materials, and 2079 Yard Waste, including, if the Town so desires, employees previously or then 2080 employed by Contractor. Contractor further agrees, if the Town so requests, to 2081 furnish the Town the services of any or all management or office personnel 2082 employed by Contractor whose services are necessary or useful for Solid Waste, 2083 Recyclable Materials, and Yard Waste Collection, transportation, processing and 2084 disposal operations and for the billing and Collection of fees for these services. 2085
2086 The Town agrees that it assumes complete responsibility for the proper and 2087 normal use of such equipment and facilities while in its possession. 2088
2089 If the interruption or discontinuance in service is caused by any of the reasons 2090 listed in Section 11.04, the Town shall pay to Contractor the reasonable rental 2091 value of the equipment and facilities, possession of which is taken by the Town, 2092 for the period of the Town’s possession, if any, which extends beyond the period 2093 of time for which Contractor has rendered bills in advance of service, for the class 2094 of service involved.
2095
2096 Except as otherwise expressly provided in the previous paragraph, the Town’s 2097 exercise of its rights under this Article 10 (1) does not constitute a taking of 2098 private property for which compensation must be paid; (2) will not create any 2099 liability on the part of the Town to Contractor; and (3) does not exempt 2100 Contractor from any of the indemnity or insurance provisions of this Agreement, 2101 which are meant to extend to circumstances arising under this Section, provided 2102 that Contractor is not required to indemnify the Town against claims and 2103 damages arising from the negligence or willful misconduct of the Town, its 2104 elective and appointive boards, commissions, officers, employees and agents in 2105 the operation of Collection vehicles during the time the Town has taken 2106 possession of such vehicles.
2107
2108 10.02 Temporary Possession of Contractor's Property. 2109 If the Town suffers an interruption or discontinuance of service (including 2110 interruptions and discontinuance due to events described in Section 11.04), the Town 2111 may take possession of and use all of Contractor's property described above until 2112 other suitable arrangements can be made for the provision of the Franchised 2113 Services.
2114
2115 10.03 Billing and Compensation to the Town during Town’s Possession. 2116 During such time that the Town is providing Solid Waste services, as above 2117 provided, Contractor shall bill and Collect payment from all users of the above2118 mentioned services as described in Section 5.02. Contractor further agrees that, in 2119 such event, it shall reimburse the Town for any and all costs and expenses incurred 2120 by the Town beyond that billed and received by Contractor in taking over possession 273
54 2121 of the above-mentioned equipment and property for Franchised Services in such 2122 manner and to an extent as would otherwise be required of Contractor under the 2123 Terms of this Agreement. Such reimbursement shall be made from time to time after 2124 submission by the Town to Contractor of each statement listing such costs and 2125 expenses, but in no event later than five (5) working days from and after each such 2126 submission.
2127
2128 10.04 Town’s Right to Relinquish Possession.
2129 It is further mutually agreed that the Town may at any time at their discretion 2130 relinquish possession of any or all of the above-mentioned property to Contractor 2131 and thereupon demand that Contractor resume the Franchised Services as provided 2132 in this Agreement, whereupon Contractor shall be bound to resume the same. 2133
2134 10.05 Duration of Town’s Possession.
2135 Town’s right pursuant to this Article to retain temporary possession of Contractor's 2136 facilities and equipment, and to render Collection services, shall terminate when the 2137 event which caused the taking possession under Section 10.01 is cured and the 2138 performance bond is fully restored. In any case, the Town has no obligation to 2139 maintain possession of Contractor's property or equipment and/or continue its use 2140 for any period of time and may at any time, in its sole discretion, relinquish 2141 possession to Contractor.
2142
2143
274
55 2144 ARTICLE 11
2145 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES
2146
2147 11.01 Events of Default.
2148 All provisions of the Agreement and this Agreement to be performed by Contractor 2149 are considered material. Each of the following shall constitute an event of default. 2150
2151 A. Fraud or Deceit. If Contractor practices, or attempts to practice, any fraud or 2152 deceit upon the Town.
2153
2154 B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or 2155 unwilling to pay its debts, or upon listing of an order for relief in favor of 2156 Contractor in a bankruptcy proceeding.
2157
2158 C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in 2159 full force and effect the Workers' Compensation, liability, or indemnification 2160 coverage as required by this Agreement.
2161
2162 D. Violations of Regulation. If Contractor violates any orders or filings of any 2163 regulatory body having authority over Contractor relative to this Agreement, 2164 provided that Contractor may contest any such orders or filings by appropriate 2165 proceedings conducted in good faith, in which case no breach of this Agreement 2166 shall be deemed to have occurred.
2167
2168 E. Failure to Perform. If Contractor ceases to provide Collection, processing, or 2169 Recycling services as required under this Agreement for a period of two (2) 2170 consecutive days or more, for any reason within the control of Contractor, 2171 including labor disputes.
2172
2173 F. Failure to Pay. If Contractor fails to make any payments required under this 2174 Agreement and/or refuses to provide the Town with required information, 2175 reports, and/or records in a timely manner as provided for in the Agreement. 2176
2177 G. Acts or Omissions. Any other act or omission by Contractor which violates 2178 the terms, conditions, or requirements of this Agreement, the Act of 1989, as it 2179 may be amended from time to time, or any law, statute, ordinance, order, 2180 directive, rule, or regulation issued there under and which is not corrected or 2181 remedied within the time set in the written notice of the violation or, if Contractor 2182 cannot reasonably correct or remedy the breach within the time set forth in such 2183 notice, if Contractor should fail to commence to correct or remedy such violation 2184 within the time set forth in such notice and diligently effect such correction or 2185 remedy thereafter.
2186
2187 H. False or Misleading Statements. Any representation or disclosure made to 2188 the Town by Contractor in connection with or as an inducement to entering into 275
56 2189 this Agreement, or any future amendment to this Agreement, which proves to be 2190 false or misleading in any material respect as of the time such representation or 2191 disclosure is made, whether or not any such representation or disclosure appears 2192 as part of this Agreement.
2193
2194 I. Attachment. There is a seizure of, attachment of, or levy on, the operating 2195 equipment of Contractor, including without limits its equipment, 2196 maintenance or office facilities, or any part thereof. 2197
2198 J. Suspension or Termination of Service. There is any termination or 2199 suspension of the transaction of business by Contractor related to this Agreement, 2200 including without limit, due to labor unrest including strike, work stoppage or 2201 slowdown, sick-out, picketing, or other concerted job action lasting more than 2202 two (2) consecutive days.
2203
2204 K. Failure to Provide Assurance of Performance. It Contractor fails to provide 2205 reasonable assurances of performance as required under Section 11.06. 2206
2207 Contractor shall be given ten (10) business days from written notification by the 2208 Town to cure any default arising under subsections C, E, F, I, J and K provided, 2209 however, that the Town shall not be obligated to provide Contractor with a notice 2210 and cure opportunity if the Contractor has committed the same or similar breach 2211 within a twenty-four (24) month period.
2212
2213 11.02 Right to Terminate Upon Default.
2214 In the event that Contractor should default and subject to the right of the Contractor 2215 to cure, in the performance of any provisions of this contract, and the default is not 2216 cured for any default arising under Section 11.01 C, E, F, I, J or K, within ten (10) 2217 days’ notice if the public health or safety is threatened, or otherwise thirty (30) days 2218 after receipt of written notice of default from the Town, then the Town may, at its 2219 option, terminate this Agreement and/or hold a hearing at its next Town Council 2220 meeting to determine whether this contract should be terminated. In the event the 2221 Town decides to terminate this contract, the Town shall serve twenty (20) days’ 2222 written notice of its intention to terminate upon Contractor. In the event the Town 2223 exercises its right to terminate this contract, the Town may, at its option, upon such 2224 termination, either directly undertake performance of the services or arrange with 2225 other Persons to perform the services with or without a written agreement. This 2226 right of termination is in addition to any other rights of the Town upon a failure of 2227 Contractor to perform its obligations under this Agreement. 2228
2229 The Town’s rights to terminate this Agreement and to take possession of Contractor’s 2230 Facility are not exclusive, and the Town’s termination of this Agreement shall not 2231 constitute an election of remedies. Instead, they shall be in addition to any and all 2232 other legal and equitable rights and remedies which the Town may have. By virtue 2233 of the nature of this Agreement, the urgency of timely continuous and high-quality 276
57 2234 service, the time required to effect alternative service, and the rights granted by the 2235 Town to Contractor, the remedy of damages for a breach hereof by Contractor may 2236 be inadequate and the Town may seek injunctive relief. 2237
2238 11.03 Liquidated Damages.
2239
2240 A. General. The Town finds, and Contractor agrees, that as of the time of the 2241 execution of this Agreement, it is impractical, if not impossible, to reasonably 2242 ascertain the extent of damages which shall be incurred by the Town as a result of 2243 a breach by Contractor of its obligations under this Agreement. The factors 2244 relating to the impracticability of ascertaining damages include, but are not 2245 limited to, the fact that: (i) substantial damage results to members of the public 2246 who are denied services or denied quality or reliable service; (ii) such breaches 2247 cause inconvenience, anxiety, frustration, and deprivation of the benefits of the 2248 Agreement to individual members of the general public for whose benefit this 2249 Agreement exists, in subjective ways and in varying degrees of intensity which 2250 are incapable of measurement in precise monetary terms; (iii) that Franchised 2251 Services might be available at substantially lower costs than alternative services 2252 and the monetary loss resulting from denial of services or denial of quality or 2253 reliable services is impossible to calculate in precise monetary terms; and (iv) the 2254 termination of this Agreement for such breaches, and other remedies are, at best, 2255 a means of future correction and not remedies which make the public whole for 2256 past breaches.
2257
2258 B. Service Performance Standards; Liquidated Damages for Failure to Meet 2259 Standards. The parties further acknowledge that consistent, reliable Solid Waste, 2260 Recyclable Materials, and Yard Waste Collection is of utmost importance to the 2261 Town and that the Town has considered and relied on Contractor's 2262 representations as to its quality of service commitment in awarding the 2263 Agreement to it. The parties further recognize that some quantified standards of 2264 performance are necessary and appropriate to ensure consistent and reliable 2265 service and performance. The parties further recognize that if Contractor fails to 2266 achieve the performance standards, or fails to submit required documents in a 2267 timely manner, the Service Area and its residents will suffer damages and that it 2268 is and will be impractical and extremely difficult to ascertain and determine the 2269 exact amount of damages which the Town will suffer. Therefore, without 2270 prejudice to the Town’s right to treat such non-performance as an event of default 2271 under this Article 11, the parties agree that the following liquidated damage 2272 amounts represent a reasonable estimate of the amount of such damages 2273 considering all of the circumstances existing on the date of this Agreement, 2274 including the relationship of the sums to the range of harm to the Town that 2275 reasonably could be anticipated and the anticipation that proof of actual damages 2276 would be costly or impractical. In placing their initials at the places provided, 2277 each party specifically confirms the accuracy of the statements made above and 2278 the fact that each party has had ample opportunity to consult with legal counsel 277
58 2279 and obtain an explanation of the liquidated damage provisions at the time that 2280 the Agreement was made.
2281 Contractor Town
2282 Initial Here Initial Here
2283
2284 Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts 2285 set forth below:
2286
2287 1. Collection Reliability.
2288 a. For each failure to commence service to a new service recipient 2289 account within seven (7) days after order, which exceed five (5) such 2290 failures annually: $150.00
2291 b. For each failure to Collect Solid Waste, Recyclable Materials, and 2292 Yard Waste, which has been properly set out for Collection, from an 2293 established service recipient account on the scheduled Collection 2294 day and not Collected within the period described in this 2295 Agreement which exceeds forty-five (45) such failures quarterly:
2296 $150.00
2297 c. For each failure to Collect Solid Waste, Recyclable Materials, and 2298 Yard Waste, which has been properly set out for Collection, from 2299 the same service recipient on two (2) consecutive scheduled pickup 2300 days: $150.00
2301 d. For each failure to perform and submit billing reviews: $250.00 2302
2303 2. Collection Quality.
2304 a. For each occurrence of damage to private property which exceeds 2305 seven (7) such occurrences annually: $250.00
2306 b. For each occurrence of failure to properly return empty Containers 2307 to avoid pedestrian or vehicular traffic impediments or to place cans 2308 upright with lids secured (in areas where service recipients own 2309 their containers, if applicable) which exceeds ten (10) such 2310 occurrences annually: $150.00
2311 c. For each occurrence of excessive noise or discourteous behavior:
2312 $250.00
2313 d. For each failure to clean up Solid Waste, Recyclable Materials, and 2314 Yard Waste spilled by Contractor from Containers which exceeds 2315 fifteen (15) such failures annually: $150.00
2316 e. For each occurrence of Collecting Solid Waste, Recyclable Materials 2317 and Yard Waste during unauthorized hours which exceeds ten (10) 2318 such occurrences annually: $250.00
2319
2320 3. Service Recipient Responsiveness.
278
59 2321 a. For each failure to initially respond to a service recipient Complaint 2322 within one (1) business day: $100.00
2323 b. For each failure to process service recipient Complaints to the Town 2324 as required by Article 5: $500.00
2325
2326 4. Timeliness of Submissions to Town/State Agencies. Reports shall be 2327 considered late, after the seventh late day, until such time as a correct and 2328 complete report is received by the Town. For each calendar day a report is 2329 late, the daily liquidated damage amount shall be:
2330 a. Annual reports to the Town: $100 per day
2331
2332 b. Required reports to State agencies per Section 8.03.C of this 2333 Agreement: $100 per day
2334
2335 Liquidated damages will only be assessed after Contractor has been given the 2336 opportunity but failed to rectify, in a timely manner, the breach as described in this 2337 Agreement. The Town may determine the occurrence of events giving rise to 2338 liquidated damages through the observation of its own employees or representative 2339 or investigation of service recipient Complaints.
2340
2341 Prior to assessing liquidated damages, the Town shall give Contractor notice of its 2342 intention to do so. The notice will include a brief description of the incident(s)/non2343 performance. Contractor may review (and make copies at its own expense) all 2344 information in the possession of the Town relating to incident(s)/non-performance. 2345 Contractor may, within ten (10) days after receiving the notice, request a meeting 2346 with the Town. Contractor may present evidence in writing and through testimony 2347 of its employees and others relevant to the incident(s)/non-performance. The Town 2348 will provide Contractor with a written explanation of his or her determination on 2349 each incident(s)/non-performance prior to authorizing the assessment of liquidated 2350 damages. The decision of the Town shall be final.
2351
2352 C. Amount. The Town may assess liquidated damages for each calendar day or 2353 event, as appropriate, that Contractor is determined to be liable in accordance 2354 with this Agreement.
2355
2356 D. Timing of Payment. Contractor shall pay any liquidated damages assessed 2357 by the Town within ten (10) days after they are assessed. If they are not paid 2358 within the ten (10) day period, the Town may proceed against the performance 2359 bond required by the Agreement or order the termination of the Agreement 2360 granted by this Agreement, or both.
2361
279
60 2362 11.04 Excuse from Performance.
2363 The parties shall be excused from performing their respective obligations hereunder 2364 in the event they are prevented from so performing by reason of floods, earthquakes, 2365 other natural disasters, war, civil insurrection, terrorist attacks, riots, acts of any 2366 government (including judicial action), and other similar catastrophic events which 2367 are beyond the control of and not the fault of the party claiming excuse from 2368 performance hereunder. Labor unrest, including, but not limited to, strike, work 2369 stoppage or slowdown, sick-out, picketing, or other concerted job action conducted 2370 by Contractor's employees or directed at Contractor is not an excuse from 2371 performance and Contractor shall be obligated to continue to provide service 2372 notwithstanding the occurrence of any or all of such events. 2373
2374 The party claiming excuse from performance shall, within two (2) days after such 2375 party has notice of such cause, give the other party notice of the facts constituting 2376 such cause and asserting its claim to excuse under this Section 11.04. 2377
2378 The interruption or discontinuance of Contractor's services caused by one or more of 2379 the events excused shall not constitute a default by Contractor under this Agreement. 2380 Notwithstanding the foregoing, however, if Contractor is excused from performing 2381 its obligations to Collect; transfer, transport, process and Dispose of Solid Waste 2382 hereunder for any of the causes listed in this Section for a period of ten (10) days or 2383 more, the Town shall nevertheless have the right, in its sole discretion, to terminate 2384 this Agreement by giving ten (10) days' notice, in which case the provisions relative 2385 to taking possession of Contractor's land, equipment and other property and 2386 engaging Contractor's personnel in Article 10 and this Article 11 will apply. 2387
2388 11.05 Notice, Hearing and Appeal of Town/ Breach.
2389 Should Contractor contend that the Town is in breach of this Agreement, it shall file 2390 with the Town Administrator a written request with the Town’s Solid Waste 2391 Committee for an administrative hearing. Said request shall be made within ninety 2392 (90) days of the event or incident which allegedly gave rise to the breach. The Town 2393 Administrator shall notify Contractor of the time and date said hearing shall be held 2394 within thirty (30) days of receipt of Contractor's request. Contractor shall present its 2395 position and all relevant facts first and then the Town Administrator shall make his 2396 or her presentation. Contractor shall be notified of the Town’s Solid Waste 2397 Committee’s ruling in writing within fourteen (14) days of the administrative 2398 hearing.
2399
2400 If Contractor is not in agreement with the ruling issued by the Committee at the 2401 administrative hearing, it shall have the right to appeal this ruling to Town Council. 2402 This appeal shall be made in writing to the Town Administrator no later than 2403 fourteen (14) days after receipt of the administrative hearing ruling. The Town 2404 Administrator shall notify Contractor of the time and date the Town Council will 2405 review Contractor's allegation. Contractor shall present its position and all relevant 2406 facts. Contractor shall be notified in writing within thirty (30) days of the Town 280
61 2407 Council’s ruling. The Town Council’s ruling shall be final, and Contractor shall have 2408 no further rights of administrative appeal.
2409
2410 11.06 Assurance of Performance.
2411 Each party may, at its option and in addition to all other remedies it may have, 2412 demand from the other Party reasonable assurances of timely and proper 2413 performance of this Agreement, in such form and substance as the Party may require. 2414 If the other Party fails or refuses to provide satisfactory assurances of timely and 2415 proper performance in the form and by the date required by the Party, such failure or 2416 refusal shall be an event of default.
2417
2418 11.07 Damage to Property.
2419 Contractor shall endeavor to resolve all claims as soon as reasonably practicable 2420 following receipt thereof, made by Owners or occupants of property served by 2421 Contractor, for damages to property including, but not limited to, Containers. In the 2422 event such damage shall have been caused by the negligence or intentional acts of 2423 Contractor, its officers, agents, or employees, Contractor shall promptly repair or 2424 replace such damaged property. The provisions of this Section 11.07 shall not be 2425 deemed a limitation upon any other provisions of this Agreement, or any rights or 2426 remedies which may accrue to the Town by reason of Contractor’s acts or omissions 2427 to act hereunder.
2428
2429 11.08 Town Remedies Cumulative; Specific Performance. 2430 The Town’s rights to suspend or terminate this Agreement or to perform under 2431 Article 10 are not mutually exclusive, and the Town’s exercise of one such right shall 2432 not constitute a selection of remedies. Instead, they shall be in addition to any and 2433 all other legal and equitable rights and remedies which the Town may have. 2434
2435
2436
281
62 2437 ARTICLE 12
2438 OTHER AGREEMENTS OF THE PARTIES
2439
2440 12.01 Relationship of Parties.
2441 The Parties intend that Contractor shall perform the services required by this 2442 Agreement as an independent Contractor engaged by the Town and neither as an 2443 officer or employee of the Town nor as a partner of or joint venture with the Town. 2444 No employee or agent or Contractor shall be or shall be deemed to be an employee or 2445 agent of the Town. Except as expressly provided herein, Contractor shall have the 2446 exclusive control over the manner and means of conducting the services performed 2447 under this Agreement, and all Persons performing such services. Contractor shall be 2448 solely responsible for the acts and omissions of its officers, employees, subcontractors 2449 and agents. Neither Contractor nor its officers, employees, subcontractors and 2450 agents shall obtain any rights to retirement benefits, workers' compensation benefits, 2451 or any other benefits which accrue to the Town’s employees by virtue of their 2452 employment with the Town.
2453
2454 12.02 Compliance with Law.
2455 In providing the services required under this Agreement, Contractor shall at all times 2456 comply with all applicable laws (including but not limited to the “Environmental 2457 Laws”) of the United States, the State of California, the County of Butte, the Service 2458 Area and with all applicable regulations promulgated by Federal, State, regional, or 2459 local administrative and regulatory agencies, now in force and as they may be 2460 enacted, issued, or amended during the Term, collectively, the “Laws”). In the event 2461 of any conflict between this Agreement and Laws, the requirements of the Laws shall 2462 govern, and Contractor shall not be in breach of this Agreement if Contractor 2463 complies with the Laws in contravention of this Agreement, provided that nothing in 2464 this Section 12.02 is intended to limit or enlarge Contractor's obligations or diminish 2465 its right to satisfy its obligation to provide Solid Waste, Recyclable Materials, Yard 2466 Waste Collection, Processing, and/or Disposal.
2467
2468 12.03 Governing Law.
2469 This Agreement shall be governed by, and construed and enforced in accordance 2470 with, the laws of the State of California.
2471
2472 12.04 Jurisdiction.
2473 Any lawsuits between the parties arising out of this Agreement shall be brought and 2474 concluded in the courts of the State of California, which shall have exclusive 2475 jurisdiction over such lawsuits. With respect to venue, the parties agree that this 2476 Agreement is made in and will be performed in Butte County, California. 2477
282
63 2478 12.05 Assignment by Contractor.
2479
2480 A. General. Contractor acknowledges that this Agreement involves rendering a 2481 vital service to the Town’s residents and businesses, and that the Town has 2482 selected Contractor to perform the services specified herein based on (1) 2483 Contractor’s experience, skill and reputation for conducting its operations in a 2484 safe, effective and responsible fashion, at all times in keeping with applicable 2485 Environmental Laws, regulations, and best management practices, and (2) 2486 Contractor’s obligations to the Town under this Agreement. The Town has relied 2487 on each of these factors, among others, in choosing Contractor to perform the 2488 services to be rendered by Contractor under this Agreement. 2489
2490 B. Assignments. Contractor shall not assign its rights nor delegate or otherwise 2491 transfer its obligations under this Agreement to any other Person. 2492
2493 If Contractor requests the Town’s consideration of and consent to an assignment, 2494 the Town may deny or approve such request using its sole discretion. No request 2495 by Contractor for consent to any assignment need be considered by the Town 2496 unless and until Contractor has met the following requirements:
2497
2498 1. Contractor shall undertake to pay the Town its reasonable expenses for 2499 attorney’s fees and investigation costs necessary to investigate the 2500 suitability of any proposed assignee, and to review and finalize any 2501 documentation required as a condition for approving any such 2502 assignment;
2503 2. Contractor shall furnish the Town with audited financial statements of the 2504 proposed assignee’s operations for the immediately preceding three (3) 2505 operating years;
2506 3. Contractor shall furnish the Town with satisfactory proof: (i) that the 2507 proposed assignee has at least ten (10) years of Solid Waste, Recyclable 2508 Materials, and Yard Waste management experience on a scale equal to or 2509 exceeding the scale of operations conducted by Contractor under this 2510 Agreement; (ii) that in the last five (5) years, the proposed assignee has not 2511 suffered any significant citations or other censure from any Federal, State 2512 or local agencies having jurisdiction over its Solid Waste, Recyclable 2513 Materials, and Yard Waste management operations due to any significant 2514 failure to comply with State, Federal or local Environmental Laws and that 2515 the assignee has provided the Town with a complete list of such citations 2516 and censures; (iii) that the proposed assignee has at all times conducted its 283
64 2517 operations in an environmentally safe and conscientious fashion; (iv) that 2518 the proposed assignee conducts its Solid Waste, Recyclable Materials, and 2519 Yard Waste management practices in accordance with sound Solid Waste, 2520 Recyclable Materials, and Yard Waste management practices in full 2521 compliance with all Federal, State and local laws regulating the Franchised 2522 Services including Hazardous Substances; (v) that the proposed assignee 2523 can meet the guaranty and performance bond requirements met by 2524 Contractor; and , (vi) of any other information required by the Town to 2525 ensure the proposed assignee can fulfill the terms of this Agreement in a 2526 timely, safe and effective manner.
2527
2528 Under no circumstances shall the Town be obligated to consider any proposed 2529 assignment by Contractor.
2530
2531 C. Assignment Defined. For the purpose of this Section 12.05.C, when used in 2532 reference to Contractor, “assignment” shall include, but not be limited to (1) a 2533 sale, exchange or other transfer of substantially all of Contractor’s assets 2534 dedicated to service under this Agreement to a third party; (ii) a sale, exchange or 2535 other transfer of outstanding common stock of Contractor to a third party 2536 regardless of whether said sale, exchange or transfer may result in a change of 2537 control of Contractor; (iii) any dissolution, organization, consolidation, merger, 2538 re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, 2539 escrow arrangement, liquidation or other transaction to which results in a change 2540 of Ownership or control of Contractor; (iv) any assignment by operation of law, 2541 including insolvency or bankruptcy, making assignment for the benefit of 2542 creditors, writ of attachment for an execution being levied against this 2543 Agreement, appointment of a receiver taking possession of Contractor’s property, 2544 or transfer occurring in the event of a probate proceeding; and (v) any 2545 combination of the foregoing (whether or not in related or contemporaneous 2546 transactions) which has the effect of any such transfer or change of Ownership, or 2547 change of control of Contractor.
2548
2549 12.06 Binding on Assigns.
2550 The provisions of this Agreement shall inure to the benefit to and be binding on the 2551 permitted assigns of the parties.
2552
2553 12.07 Affiliated Companies.
2554 Contractor shall maintain accounting records and financial statements on a basis 2555 showing the results of Contractor's operations under this Agreement separately from 2556 operations in other locations, as if Contractor were an independent entity providing 2557 service only to the Town. For purposes of this Agreement, the costs and revenues 2558 associated with providing service to the Town shall not be combined, consolidated or 284
65 2559 in any other way incorporated with those of other operations conducted by 2560 Contractor in other locations, or with those of an Affiliate. 2561
2562 If Contractor enters into any financial transactions with a Related Party Entity or 2563 Affiliate for the provision of labor, equipment, supplies, services, capital, etc., related 2564 to the furnishing of service under this Agreement, that relationship shall be disclosed 2565 to the Town, and in the financial reports submitted to the Town. In such event, the 2566 Town’s rights to inspect records, and obtain financial data shall extend to such 2567 Related Party Entity or entities.
2568
2569 12.08 Subcontracting.
2570 Except for street sweeping activities, Contractor shall not engage any subcontractors 2571 for Collection, Processing or Disposal of Solid Waste, Recyclable Materials, and Yard 2572 Waste without the prior written consent of the Town. 2573
2574 12.09 Transition to Next Contractor.
2575 If the transition of services to another Contractor occurs through expiration of term, 2576 subsequent Contractor(s) to assist in an orderly transition which will include 2577 Contractor providing route lists and billing information. Contractor will not be 2578 obliged to sell Collection vehicles, bins and Containers to the next Contractor. 2579 Depending on Contractor's circumstances at the point of transition, Contractor at its 2580 option may enter into negotiations with the next Contractor to sell (in part or all) 2581 Collection vehicles, bins and Containers.
2582
2583 12.10 Parties in Interest.
2584 Nothing in this Agreement, whether express or implied, is intended to confer any 2585 rights on any Persons other than the parties to it and their representatives, successors 2586 and permitted assigns.
2587
2588 12.11 Waiver.
2589 The waiver by either party of any breach or violation of any provisions of this 2590 Agreement shall not be deemed to be a waiver of any breach or violation of any other 2591 provision nor of any subsequent breach of violation of the same or any other 2592 provision. The subsequent acceptance by either party of any monies which become 2593 due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent 2594 breach or violation by the other party of any provision of this Agreement. 2595
2596 12.12 Contractor's Investigation.
2597 Contractor has made an independent investigation (satisfactory to it) of the 2598 conditions and circumstances surrounding the Agreement and the work to be 2599 performed by it.
2600
285
66 2601 12.13 Notice.
2602 All notices, demands, requests, proposals, approvals, consents and other 2603 communications which this Agreement requires, authorizes or contemplates shall be 2604 in writing and shall either be personally delivered to a representative of the parties at 2605 the address below or be deposited in the United States mail, first class postage 2606 prepaid, addressed as follows:
2607
2608 If to the Town:
2609 Town of Paradise
2610 Town Hall
2611 5555 Skyway
2612 Paradise, CA 95969
2613 Attn: Town Manager
2614
2615
2616 If to the Contractor: _
2617 Northern Recycling & Waste Services
2618 P.O Box 2529
2619 Paradise, CA 95967
2620 Attn: General Manager
2621
2622
2623 The address to which communications may be delivered may be changed from time 2624 to time by a notice given in accordance with this Section 12.13. 2625
2626 Notice shall be deemed given on the day it is personally delivered or, if mailed, three 2627 days from the date it is deposited in the mail.
2628
2629 12.14 Representatives of the Parties.
2630
2631 A. Representatives of the Town. References in this Agreement to the "Town" 2632 shall mean the Town Administrator and all actions to be taken by the Town shall 2633 be taken by the Town Administrator who may delegate his/her authority in 2634 writing to another Town employee, Contractor may rely upon actions taken by 2635 such delegates if they are within the scope of the Town and properly delegated to 2636 him/her.
2637
2638 B. Contractor Representatives. Contractor shall, by the Effective Date, designate 2639 in writing a responsible officer who shall serve as the representative of Contractor 2640 in all matters related to the Agreement and shall inform The Town Administrator 2641 in writing of such designation and of any limitations upon his or her authority to 2642 bind Contractor. The Town Administrator may rely upon action taken by such 2643 designated representative as actions of Contractor if they are within the scope of 2644 the Contractor and properly delegated to him/her by Contractor. 2645
286
67 2646 12.15 Town Free to Negotiate with Third Parties. 2647 The Town may investigate all options for the Collection and processing of Solid 2648 Waste after the expiration of the Term. Without limiting the generality of the 2649 foregoing, the Town may solicit proposals from Contractor and from third parties for 2650 the provision of services, and any combination thereof, and may negotiate and 2651 execute agreements for such services which will take effect upon the expiration or 2652 earlier termination under Section 11.01 of this Agreement. 2653
2654 12.16 Compliance with the Town’s Codes.
2655 Contractor shall comply with those provisions of the ordinances and municipal codes 2656 of the Town which are applicable, and with any and all amendments to such 2657 applicable provisions during the term of this Agreement provided, however, that if a 2658 change in any such municipal code materially affects Contractor's annual cost of 2659 operations, the Contractor shall be entitled to an interim compensation adjustment as 2660 provided for in Section 6.04. Moreover, no such change may revoke or override the 2661 grant to Contractor of the exclusive franchise in Section 2.01 of this Agreement or 2662 override the Contractor's designations of a Material Recovery Facility and Disposal 2663 Site pursuant to this Agreement.
2664
2665 12.17 Privacy.
2666 Contractor shall strictly observe and protect the rights of privacy of service 2667 recipients. Information identifying individual service recipients or the composition 2668 or contents of a service recipient's waste stream shall not be revealed to any Person, 2669 governmental unit, private agency, or Contractor, unless upon the authority of a 2670 court of law, by statute, or upon valid authorization of the service recipient. This 2671 provision shall not be construed to preclude Contractor from preparing, participating 2672 in, or assisting in the preparation of waste characterization studies or waste stream 2673 analyses which may be required by AB 939.
2674
2675 12.18 Integrated Contract.
2676 This Agreement represents the full and complete understanding of every kind or 2677 nature whatsoever between the parties hereto, and all preliminary negotiations and 2678 agreements of whatsoever kind or nature are merged herein. No verbal agreement or 2679 implied covenant shall be held to vary the provisions hereof. Any modification of 2680 this Agreement will be effective only by written agreement signed by both the Town 2681 and Contractor.
2682
2683 12.19 Inserted Provisions.
2684 Each provision and clause required by law to be inserted into the Agreement shall be 2685 deemed to be enacted herein, and the Agreement shall be read and enforced as 2686 though each were included herein. If through mistake or otherwise, any such 2687 provision is not inserted or is not correctly inserted, the Agreement shall be amended 2688 to make such insertion on application by either party. 2689
287
68 2690 12.20 Execution.
2691 This Agreement shall be executed in duplicate original counterparts by the parties. 2692 Irrespective of the date this Agreement is so executed, the Effective Date hereof shall 2693 be, and is April 30, 2017.
2694
2695 12.21 Non-Discrimination.
2696 Consistent with Town’s policy that harassment and discrimination are unacceptable 2697 employer-employee conduct, Contractor agrees that harassment or discrimination 2698 directed toward a job applicant, a Town employee, or a citizen by Contractor or 2699 Contractor’s employee on the basis of race, religious creed, color, national origin, 2700 ancestry, handicap, mental or physical disability, Acquired Immune Deficiency 2701 Syndrome (AIDS), AIDS-Related Complex (ARC), cancer-related medical condition, 2702 refusal of family care leave, marital status, denial of pregnancy disability leave, 2703 veteran status, age, sex, sexual orientation or sexual preference will not be tolerated. 2704 Contractor agrees that any and all violations of this provision shall constitute a 2705 material breach of this Agreement.
2706
2707 12.22 Dispute Resolution.
2708 Prior to initiation of litigation under this Agreement, the parties shall attempt to 2709 resolve their disputes by means of mediation. If the parties cannot agree on a 2710 mediator, the Superior Court of Butte County shall appoint a mediator. Each party 2711 shall bear their costs and attorney fees arising out of the mediation and shall share 2712 equally the cost of the mediator, provided, however, that if the matter is not resolved 2713 by way of mediation, the prevailing party in any subsequent litigation shall be 2714 entitled to collect their costs of mediation as an element of their costs of suit, 2715 including reasonable attorney fees (incurred both in the mediation process as well as 2716 the subsequent court proceedings).
2717
2718
2719
288
69 2720 ARTICLE 13
2721 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
2722
2723 Contractor represents and warrants as follows:
2724
2725 13.01 Company Status.
2726 Contractor is a limited liability company duly organized, validly existing and in 2727 good standing under the laws of the State of California. It is qualified to transact 2728 business in the State of California and has the power to own its properties and to 2729 carry on its business as now owned and operated and as required by this Agreement. 2730
2731 13.02 Company Authorization.
2732 Contractor has the authority to enter into and perform its obligations under this 2733 Agreement. The Managers and Members of the Company have taken all actions 2734 required by law, its operating agreement, or otherwise, to authorize the execution of 2735 this Agreement. The Person signing this Agreement on behalf of Contractor has 2736 authority to do so.
2737
2738 13.03 Agreement Will Not Cause Breach.
2739 To the best of Contractor's knowledge, after reasonable investigation, neither the 2740 execution or delivery of this Agreement nor the performance of this Agreement by 2741 Contractor: (i) conflicts with, violates, or results in a breach of any applicable law; or 2742 (ii) conflicts with, violates or results in a breach of any term or condition of any 2743 judgment, order or decree of any court, administrative agencies or other 2744 governmental authority, or any agreement or instrument to which Contractor is a 2745 party or by which Contractor or any of its properties or assets are bound, or 2746 constitutes a default there under.
2747
2748 13.04 No Litigation.
2749 To the best of Contractor's knowledge, after reasonable investigation, there is no 2750 action, suit, proceeding or investigation, at law or in equity, before or by any court or 2751 governmental authority, commission, board, agencies or instrumentality decided, 2752 pending or threatened against Contractor wherein an unfavorable decision, ruling or 2753 finding, in any single case or in the aggregate, would materially adversely affect the 2754 performance by Contractor of its obligations hereunder or which, in any way, would 2755 adversely affect the validity or enforceability of this Agreement or which would have 2756 a material adverse effect on the financial condition of Contractor or any surety 2757 guaranteeing Contractor's performance under this Agreement, which has not been 2758 waived by the Town in writing.
2759
289
70 2760 13.05 No Adverse Judicial Decisions.
2761 To the best of Contractor’s knowledge, after reasonable investigation, there is no 2762 judicial decision that affects the validity of this Agreement and may subject this 2763 Agreement to legal challenge.
2764
2765 13.06 Ability to Perform.
2766 Contractor possesses the business, professional, and technical expertise to manage, 2767 handle, treat, store and Dispose of the Solid Waste, and possesses the equipment, 2768 plant, and employee resources required to perform this Agreement. 2769
2770
290
71 2771 ARTICLE 14
2772 MISCELLANEOUS PROVISIONS
2773
2774 14.01 Entire Agreement.
2775 This Agreement, including the Exhibits, represents the full and entire Agreement 2776 between the parties with respect to the matters covered herein. 2777
2778 14.02 Section Headings.
2779 The article headings and section headings in this Agreement are for convenience of 2780 reference only and are not intended to be used in the construction of this Agreement 2781 nor to alter or affect any of its provisions.
2782
2783 14.03 References to Laws and Other Agreements.
2784 All references in this Agreement to laws shall be understood to include such laws as 2785 they may be subsequently amended or recodified, unless otherwise specifically 2786 provided. This Agreement supersedes any and all agreements heretofore entered 2787 into by the parties.
2788
2789 14.04 Interpretation.
2790 This Agreement, including the Exhibits attached hereto, shall be interpreted and 2791 construed reasonably and neither for nor against either party, regardless of the 2792 degree to which either party participated in its drafting. 2793
2794 14.05 Agreement.
2795 This Agreement may not be modified or amended in any respect except by a writing 2796 signed by the parties. Any conflict between the body of the Agreement and the 2797 Exhibits shall be resolved in favor of the Agreement. 2798
2799 14.06 Severability.
2800 If any non-material provision of this Agreement is for any reason deemed to be 2801 invalid and unenforceable, the invalidity or unenforceability of such provision shall 2802 not affect any of the remaining provisions of this Agreement which shall be enforced 2803 as if such invalid or unenforceable provision had not been contained herein. 2804
2805 14.07 Exhibits.
2806 Each of Exhibits identified as Exhibit "A" through “H” is attached hereto and 2807 incorporated herein and made a part hereof by this reference. 2808
2809 14.08 Attorneys' Fees.
2810 The prevailing party in any action brought to enforce the terms of this Agreement or 2811 arising out of this Agreement may recover its reasonable costs and attorneys' fees 2812 expended in connection with such an action from the other party. 291
72 2813
2814 14.09 Compilation of Information for State Law Purposes. 2815 Contractor shall compile information on amounts of Solid Waste delivered to the 2816 Facilities and other information, which the Town may reasonably request. 2817
2818 14.10 Definitions.
2819 Capitalized terms used in this Agreement without definition have the meanings 2820 specified in Exhibit A, unless the context clearly requires otherwise. 2821
2822 14.11 Counterparts.
2823 This Agreement may be executed in counterparts, each of which shall be deemed to 2824 be an original.
2825
2826
292
73 2827 IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement 2828 (Effective , 2017) as of the day set forth by their respective signature. 2829
2830 Date: ____________________ TOWN OF PARADISE
2831
2832 ATTEST: BY: ___________________________
2833
2834
2835 _______________________
2836 Town Clerk
2837
2838 Date: _____________________
2839
2840
2841 APPROVED AS TO FORM: ___________________________
2842 (Contractor)
2843 BY: ___________________________
2844
2845 Town Attorney ___________________________
293
1 2 EXHIBITS
3 4
5 Definitions ....................................................................................................................Exhibit A 6 Town’s Facilities/Special Events ..............................................................................Exhibit B 7 Contractor Public Education Plan.............................................................................Exhibit C 8 Payments to Town.......................................................................................................Exhibit D 9 Rate Adjustment Methodology .................................................................................Exhibit E 10 Solid Waste Collection Rate Schedule ......................................................................Exhibit F 11 Notary Certification ....................................................................................................Exhibit G 12 Street Sweeping Program...........................................................................................Exhibit H 13 294
1 2
3 4
5 6
7 8 EXHIBIT A
9 10 Definitions
11 295
1 Exhibit A
2 DEFINITIONS
3 4 This Agreement will be construed in accordance with the following definitions. 5 Act
6 “Act” means the Act of 1989 (AB939) Public Resources Code, Section 40000 et seq., as it 7 may be amended from time to time.
8 Affiliate
9 “Affiliate” means all businesses (including corporations, limited and general partnerships 10 and sole proprietorships) which are directly or indirectly related to Contractor by virtue of 11 direct or indirect ownership interest or common management shall be deemed to be 12 “Affiliated with” Contractor and included within the term “Affiliates” as used herein. An 13 Affiliate shall include a business in which Contractor owns a direct or indirect ownership 14 interest, a business which has a direct or indirect ownership interest in Contractor and/or 15 a business which is also owned, controlled or managed by any business or individual 16 which has a direct or indirect ownership interest in Contractor. For purposes of 17 determining whether an indirect ownership interest exists, the constructive ownership 18 provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date 19 of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be 20 substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) 21 thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining 22 ownership under this paragraph and constructive or indirect ownership under Section 23 318(a), ownership interest of less than ten percent (10%) shall be disregarded and 24 percentage interests shall be determined on the basis of the percentage of voting interest or 25 value which the ownership interest represents, whichever is greater. 26 Agreement
27 “Agreement” means this Agreement, including any amendments, between the Town and 28 Contractor.
29 Billings
30 “Billings” means any and all statements of charges for services rendered, howsoever 31 made, described or designated by Contractor, or made by others for Town or Contractor, 32 to Owners or occupants of property, including Residential Property and commercial, 33 industrial and institutional Property, served by Contractor for the Collection of Solid 34 Waste, Recyclable Materials, and Yard Waste.
35 Collect/Collection
36 “Collect” or “Collection” means to take physical possession, transport, and remove Solid 37 Waste, Recyclable Materials, and Yard Waste within and from the Service Area. 296
1 Commencement Date
2 “Commencement Date” means the date specified when Collection, Processing, and 3 Disposal services required by this Agreement shall be provided. 4 Commercial, Industrial and Institutional Service Recipient 5 “Commercial, Industrial and Institutional Service Recipient” means Waste Generators 6 whose business activity includes but is not limited to retail sales, services, wholesale sales, 7 research and development, government, non-profit, hospital, manufacturing and 8 industrial operations, but excluding businesses conducted upon Residential Property 9 which are permitted under applicable zoning regulations and are not the primary use of 10 the property.
11 Complaint
12 “Complaint” means the written statement (prepared by the Town Administrator, if based 13 on oral statements made by members of the public or Owners or occupants of property) 14 made by members of the public, Owners or occupants of properties served by Contractor, 15 or officers, employees or agents of the Town alleging non-performance or deficiencies in 16 performance of Contractor’s duties and obligations under this Agreement, or otherwise 17 alleging a violation by Contractor of the provisions of this Agreement. 18 Composting (Compost)
19 “Composting” means a controlled biological decomposition of organic materials yielding a 20 safe and nuisance free compost product.
21 Construction and Demolition Debris
22 “Construction and Demolition Debris” means used or discarded construction materials 23 generated during the construction or demolition or renovation of a structure. 24 Containers
25 “Containers” means any and all types of Solid Waste, Recyclable Materials, and Yard 26 Waste receptacles including but not limited to metal or plastic cans, carts, bins, tubs, 27 bins/dumpsters, roll-off boxes, or debris boxes.
28 Contractor
29 “Contractor” means Northern Recycling & Waste Services, a limited liability company 30 organized and operating under the laws of the State of California and its managers, 31 members, directors, employees, agents, companies and subcontractors. The members of 32 the limited liability company are: Recovery Products & Services, Inc., a California 33 corporation, Garbarino Northern Recycling & Waste Services, LLC, Pestoni Paradise 34 City,LLC and Garaventa Enterprises, Inc., a California corporation. 35 Contractor Compensation
36 “Contractor Compensation” means the revenue received by the Contractor from Billings 37 for providing services in accordance with this Agreement. 38 297
1 Contractor’s Proposal
2 “Contractor’s Proposal” means the proposal submitted by the Contractor and received on 3 April 7, 2006 by the Town in response to the Town’s February 2006 Request for Proposals 4 for the Solid Waste, Recyclable Material, and Yard Waste Collection, Processing and 5 Disposal Services and certain supplemental written materials, which are included as 6 Exhibit H to this Agreement and are incorporated by reference. 7 Curbside
8 “Curbside” means the location of a Container for pick-up, not more than fifteen (15) feet 9 from the street curb. Where no street curb exists, the location shall be within five (5) feet 10 from the outside edge of the street nearest the property’s entrance. 11 Demolition Debris
12 “Demolition Debris” means used or discarded construction materials generated during the 13 razing or renovation of a structure.
14 Designated Waste
15 “Designated Waste” means non-hazardous waste which may pose special disposal 16 problems because of its potential to contaminate the environment and which may be 17 disposed of only in Class II disposal sites, or Class III disposal sites pursuant to a variance 18 issued by the California Department of Health Services. Designated Waste consists of those 19 substances classified as designated waste by the State of California, in 23 California Code 20 of Regulations Section 2522.
21 Dispose/Disposal
22 “Dispose” or “Disposal” means the ultimate disposition of Solid Waste collected by 23 Contractor at a Disposal Site in Full Regulatory Compliance. 24 Disposal Site(s)
25 “Disposal Site(s)” means the Solid Waste facility or facilities utilized for the ultimate 26 landfill Disposal of Solid Waste Collected by Contractor. The Neal Road Landfill owned 27 by the County of Butte, shall be the initial designated Disposal Site of Contractor as of the 28 effective date of this Agreement.
29 Effective Date
30 “Effective Date” means the date on which the latter of the two Parties signs the Agreement 31 and the date on which Contractor may begin to take actions and incur costs in preparation 32 to provide Collection, Processing, and Disposal services required by this Agreement. 33 Electronic Waste
34 “Electronic Waste” (E-Waste) means discarded electronic equipment such as, but not 35 limited to, television sets, computer monitors, central processing units (CPU’s), laptop 36 computers, external computer hard drives, computer keyboards, computer mice, computer 37 printers, DVD and VCR players.
298
1 Environmental Laws
2 “Environmental Laws” means all federal and state statutes, County, local and Town 3 ordinances concerning public health, safety and the environment including, by way of 4 example and not limitation, the Act, the Comprehensive Environmental Response, 5 Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation 6 and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; 7 the Toxic Substances Control Act, 15 USC §1601 et seq.; the Occupational Safety and 8 Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California 9 Health and Safety Code §25100 et seq.; the California Toxic Substances Control Act, 10 California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality 11 Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic 12 Enforcement Act, California Health and Safety Code §25249.5 et seq.; as currently in force 13 or as hereafter amended, and all rules and regulations promulgated there under. 14 Extra Services
15 “Extra Services” means services provided by Contractor beyond the standard subscribed 16 services to customers.
17 Facility/Facilities
18 “Facility/Facilities” means any plant or site, owned or leased and maintained, operated or 19 used by Contractor or the Town for purposes of performing Contractor’s obligations 20 under this Agreement.
21 Fiscal Year
22 “Fiscal Year” means the same as calendar year (January 1 through December 31). 23 Franchise
24 “Franchise” means the special right granted by the Town for the Collection of Solid Waste, 25 Recyclable Materials, and Yard Waste within the Service Area, the transportation of such 26 material to appropriate places of processing, Recycling, Composting and/or Disposal, and 27 the Processing of Recyclable Materials.
28 Franchise Fee
29 “Franchise Fee” means the fee paid by Contractor to the Town as rental for the use of 30 Town streets.
31 Franchised Services
32 “Franchised Services” means the Collection of Solid Waste, Recyclable Materials and Yard 33 Waste within the Service Area, the transportation of such material to appropriate places of 34 processing, Recycling, Composting, and/or Disposal and the Processing of Recyclable 35 Materials and Yard Waste.
299
1 2 Full Regulatory Compliance
3 “Full Regulatory Compliance” means compliance with all applicable permits for a Facility 4 such that the Contractor will at all time maintain the ability to fully comply with its 5 obligations under this Agreement.
6 Garbage
7 “Garbage” means putrescible animal, fish, food, fowl, fruit or vegetable matter, or any 8 form thereof, resulting from the preparation, storage, handling, or consumption of such 9 substances.
10 Generator
11 “Generator” means any person as defined by the Public Resources Code, whose act or 12 process produced Solid Waste, Recyclable Materials, or Yard Waste as defined in the 13 Public Resources Code, or whose act first causes Solid Waste to become subject to 14 regulation.
15 Gross Revenues
16 “Gross Revenues” means any and all revenue or compensation in any form to Contractor 17 or other Affiliates of Contractor, for services performed pursuant to this Agreement, 18 determined in accordance with Generally Accepted Accounting Principles, including, but 19 not limited to, service recipient fees for Collection of Solid Waste, Recyclable Materials and 20 Yard Waste within the Service Area, the transportation of such material to appropriate 21 places of processing, Recycling, Composting, and/or Disposal and the Processing of 22 Recyclable Materials and Yard Waste without subtracting Franchise Fees or any other cost 23 of doing business.
24 Gross Revenues Collected
25 “Gross Revenues Collected” shall mean cash receipts collected by the Contractor for the 26 Collection of Solid Waste, Recyclable Materials, and Yard Waste within the Service Area, 27 the transportation of such material to appropriate places of processing, Recycling, 28 Composting and/or Disposal, and the Processing of Recyclable Materials, without 29 subtracting Franchise Fees or any other cost of doing business, except for any Town 30 surcharges.
31 Hazardous Substance
32 “Hazardous Substance” shall mean any of the following: (a) any substances defined, 33 regulated or listed (directly or by reference) as “Hazardous Substances”, “hazardous 34 materials”, “Hazardous Wastes”, “toxic waste”, “pollutant” or “toxic substances” or 35 similarly identified as hazardous to human health or the environment, in or pursuant to (i) 36 the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 37 USC §9601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC 38 §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) 39 the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115- 40 25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) 300
1 California Water Code §13050; (b) any amendments, rules or regulations promulgated 2 there under to such enumerated statutes or acts currently existing or hereafter enacted; 3 and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant 4 identified as hazardous or toxic or regulated under any other applicable federal, state or 5 local Environmental Laws currently existing or hereinafter enacted, including, without 6 limitation, friable asbestos, polychlorinated biphenyl’s (“PCBs”), petroleum, natural gas 7 and synthetic fuel products, and by-products.
8 Hazardous Waste
9 “Hazardous Waste” means all substances defined as Hazardous Waste, acutely Hazardous 10 Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code 11 §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such 12 statutes or identified and listed as Hazardous Waste by the US Environmental Protection 13 (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et 14 seq.), all future amendments thereto, and all rules and regulations promulgated there 15 under.
16 Household Hazardous Waste
17 “Household Hazardous Waste” means Hazardous Waste generated at Residential 18 Premises within the Service Area.
19 Materials Recovery Facility (MRF)
20 “Materials Recovery Facility” means a permitted Facility where Solid Waste, Recyclable 21 Materials, or Yard Waste are sorted or separated for the purposes recovering reusable or 22 Recyclable Materials.
23 Missed Pick-up
24 “Missed Pick-up” means failure of Contractor to pick up Solid Waste, Recyclable 25 Materials, and/or Yard Waste that has been set out by the customer at the time, at the 26 weight, in the volume, in the proper container, with the lawful contents in accordance with 27 this Agreement, and at the prescribed level of service, as mutually agreed upon by the 28 customer and Contractor.
29 Multi-Family Residential Complex
30 “Multi-Family Residential Complex” means any residential Premises, other than a Single 31 Family Dwelling, used for residential purposes. Such Premises normally have centralized 32 Solid Waste and Recyclable Materials Collection service for all units in the building and 33 are billed as one address.
34 Occupant
35 “Occupant” means the Person who occupies a Premises. 36 Other Fees
37 “Other Fees” means fees paid by the Contractor at the direction of theTown, including but 38 not limited to, a Vehicle Impact Fee.
301
1 Owner (Ownership)
2 “Owner” means the Person holding the legal title to the real property constituting the 3 Premises to which Solid Waste, Recyclable Materials and Yard Waste Collection service is 4 to be provided under this Agreement.
5 Party (Parties)
6 “Party” refers to the Town and Contractor, individually or together (Parties). 7 Pass-Through Costs
8 “Pass-Through Costs” means a cost to which no element of overhead, administrative 9 expense, profit, or other cost is added nor with respect to which any other amount is 10 credited, such that the specific amount of such cost is included without modification in the 11 calculations or reports to which such costs pertain. 12 Person
13 “Person” means any individual, firm, association, organization, partnership, corporation, 14 business trust, joint venture, the United States, the State of California, the County of Butte, 15 towns, cities, or special purpose districts.
16 Premises
17 “Premises” means any land, or building in Service Area where Solid Waste, Recyclable 18 Materials or Yard Waste is generated or accumulated. 19 Processing
20 “Processing” means to prepare, treat, or convert through some special method. 21 Processing Facility (site)
22 “Processing Facility” means a permitted Facility where Yard Waste or Recyclable 23 Materials are processed for reuse, recycling, composting, mulching, transformation or 24 purpose other than Disposal.
25 Rates
26 “Rates” means the unit to be charged customers by Contractor for providing the Collection 27 of Solid Waste, Recyclable Materials, and Yard Waste within the Service Area, the 28 transportation of such material to appropriate places of processing, Recycling, Composting 29 and/or Disposal, and the Processing of Recyclable Materials. Rates may be adjusted time 30 to time in accordance to this Agreement.
31 Rate Year
32 “Rate Year” means the twelve month period, commencing January 1, of one year and 33 concluding December 31of the same year, for which Contractor compensation is 34 calculated.
302
1 Recyclable Materials
2 “Recyclable Materials” means discarded materials that are re-used, remanufactured or 3 processed. Materials shall include, but not be limited to: Metal Items - Aluminum cans, 4 tin & steel cans, clean aluminum foil, empty aerosol cans, small scrap metal items, pots, 5 pans & utensils, loose lids from jars,; Plastic Bottles - narrow neck (#1-#7), CRV containers, 6 all colors – lids/caps removed, rinsed and empty; Glass – all beverage & food containers, 7 all colors – lids / caps removed, rinsed and empty; and Mixed Paper – newspaper, 8 magazines, catalogs & gloss paper, brown paper bags, paper packaging, egg cartons, milk 9 and juice cartons, carbonless paper, office paper (all colors), phone books & soft cover 10 books, envelopes, junk mail, shredded paper in clear bags, box board and cardboard. 11 Recycling
12 “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting 13 discarded materials which meet the quality standards necessary to be re-used, 14 remanufactured or processed. The Collection, transportation or Disposal of Solid Waste 15 not intended for, or capable of, reuse is not Recycling. 16 Related Party Entity
17 “Related Party Entity” means any Affiliate which has financial transactions with 18 Contractor pertaining to this Agreement.
19 Residential
20 “Residential” shall mean of, from, or pertaining to a Single-Family or Multi-Family 21 Dwellings and Premises including single-family homes, apartments, condominiums, 22 townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors 23 and marinas where residents live aboard boats.
24 Residential Property
25 “Residential Property” means property used for residential purposes. 26 Rubbish
27 “Rubbish” means all waste wood, wood products, printed materials, paper, paste board, 28 rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, 29 glass and other materials not included in the definition of Garbage, Hazardous Substance, 30 Yard Waste or Recyclable Materials, and such materials defined as “rubbish” by applicable 31 local ordinances in existence as of the Effective Date of this Agreement. 32 Service Area
33 “Service Area” means that territory within the Town of Paradise with respect to which the 34 Town exercises franchising authority for the Collection of Solid Waste, Recyclable 35 Materials and Yard, the transportation of such material to appropriate places of 36 processing, Recycling, Composting, and/or Disposal and the Processing of Recyclable 37 Materials and Yard Waste which territory is shown on a map on file in the office of the 38 Town Administrator, to which reference is hereby made for the description of said area. 303
1 Service Suspension
2 “Service Suspension” means an option for a residential customer to elect to stop service for 3 an extended period of time due to Premises being vacant. Absent period must be greater 4 than four (4) weeks and may only occur two times per year. 5 Single Family Dwellings
6 “Single Family Dwellings” means each Premises used for or designated as a single family 7 residential dwelling, including each unit of a duplex, triplex or townhouse condominium 8 in all cases in which there is separate or individual Solid Waste, Recyclable Materials, and 9 Yard Waste Collection are provided separately to each dwelling unit. 10 Solid Waste
11 “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid 12 wastes, as defined in California Public Resources Code §40191, as that section may be 13 amended from time to time. For the purposes of this Agreement, “Solid Waste” does not 14 include abandoned vehicles and parts thereof, Hazardous Waste or low-level radioactive 15 waste, medical waste, Recyclable Materials, or Yard Waste. 16 Solid Waste Committee
17 “Solid Waste Committee” means two Town council members and the Town Manager or his/her 18 designee.
19 Source Separate
20 “Source Separate” means to have the generator segregate from Solid Waste material which 21 otherwise would become Solid Waste, such as Recyclable Materials or Yard Waste, for the 22 sole purpose of reuse, Recycling, or composting, to be collected by Contractor or others. 23 Term
24 “Term” means the time period of this Agreement.
25 Town
26 “Town” means the Town of Paradise a municipal corporation of the State of California, 27 and all the territory lying within the municipal boundaries of the Town as presently 28 existing or as such boundaries may be modified, named a party to this Agreement. 29 Town Administrator
30 “Town Administrator” means the Town Manager or his or her designee. 31 Transfer Station
32 “Transfer Station” means a Facility primarily used for the purpose of transferring Solid 33 Waste from collection vehicles to transfer vehicles (but which may include recovery 34 attributes) to more efficiently transport said Solid Waste to its ultimate Disposal Site. 304
1 Universal Waste
2 “Universal Waste” means Universal Waste as defined in California Code of Regulations 3 Title 22, Division 4.5, Ch 11, Article 1, §66261.9. Included in the definition are, but are not 4 limited to, common household batteries, fluorescent tubes and bulbs and other mercury5 containing lamps, thermostats, electronic devises, electrical switches and relays, pilot light 6 sensors, mercury gauges, mercury-added novelties, mercury thermostats and non-empty 7 aerosol cans that contained hazardous materials.
8 9 Waste Generator
10 “Waste Generator” means any Person, whose act or process produced Solid Waste, or 11 whose act first causes Solid Waste to become subject to regulation. 12 Yard Waste
13 “Yard Waste” means a subset of organic Recyclable Materials consisting of grass cuttings, 14 weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees (not 15 more than six (6) inches in diameter) and four (4) feet in length, and similar materials 16 generated at Premises within the Service Area, separated and set out for Collection, 17 processing, and Recycling. Yard Waste does not include materials not normally produced 18 from farms, gardens or landscapes, such as, but not limited to, brick, rock, gravel, large 19 quantities of dirt, concrete, sod, non-organic wastes, oil, and painted or treated wood or 20 wood products. Diseased plants and trees are also excluded from Yard Waste. 21 305

Paradise City CouncilDecember 12, 2023

Paradise City Council
December 12, 2023