Town of Paradise
Town Council Meeting Agenda
6:00 PM – May 14, 2024
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, Ron Lassonde
Vice Mayor, Greg Bolin
Council Member, Steve Crowder
Council Member, Steve “Woody” Culleton
Council Member, Rose Tryon
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. Camp Fire Recovery Updates - Written reports are included in the agenda packet.
p6 Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations.
p9 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update.
p11 Tony Lindsey, CDD-Building and Code Enforcement-Code Enforcement Update.
p15 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. p16 Approve minutes of the April 9, 2024 Regular and Special Town Council meetings and April 22, 2024 Special Town Council meeting. 2b. p26 Approve April 2024 Cash Disbursements in the amount of $3,610,985.82.
2c. p35 Adopt Resolution No. 2024-__, "A Resolution of the Town Council of the Town of Paradise acknowledging receipt of a report made by the Fire Chief of the Paradise Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code."
2d. p39 Adopt Resolution No. 2024-_____ , “A Resolution Of The Town Council Of The Town Of Paradise Adopting A List Of Projects For Fiscal Year 2024/2025 Funded By SB1: The Road Repair And Accountability Act Of 2017.”
2e. p44 1. Approve the attached Professional Services Agreements and authorize the Town Manager to execute the contract upon full Category 4 Tree Removal Program approval by FEMA and CalOES.
a. Biological Surveying and Monitoring Contract with Mountain Engineering.
b. Archaeological Surveying and Monitoring Contract with Mountain Engineering.
2 3
c. Tribal Monitoring Contract with the Mechoopda Indian Tribe of Chico Rancheria.
d. Tribal Monitoring Contract with the Mooretown Rancheria. e. Tribal Monitoring Contract with the Enterprise Rancheria.
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. p75 Conduct the duly noticed and scheduled public hearing and consider adopting Resolution No. 2024-___, “A Resolution of the Town Council of the Town of Paradise Authorizing the Execution of an Amended and Restated Franchise Agreement with Northern Recycling and Waste Services for Solid Waste, Recycling, and Organics Collection Services for the Town of Paradise, Subject to the Approval of the Town Attorney.” (ROLL
CALL VOTE)
5b. p230 1. Conduct the duly noticed and scheduled public hearing and consider waiving the first reading of Town Ordinance No. 635 and read by title only; and, 2. Adopt Town Urgency Ordinance No. 635, “An Interim Urgency Ordinance of the Town Council of the Town of Paradise Enacting a Moratorium on the Establishment of Single-Family Residence, TwoFamily Residence, and Multiple-Family Residence Land Uses Within the Central Business Zoning District”; or, 3. Provide alternative direction to town staff.
5c. p236 1. Conduct the duly noticed and scheduled public hearing to solicit public input related to the use of “military equipment” by the Paradise Police Department as defined by the Paradise Municipal Code; 2. Consider approving the updated Military Equipment policy for Paradise Police Department; and, 3. Approve the continued use and renewal of Ordinance No. 615. (ROLL CALL VOTE)
3 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.
6a. p261 Consider authorizing the Town Manager to enter into an agreement with Urban Design Associates (UDA) to complete an initial assessment of downtown Paradise to refine the area included in the downtown zoning urgency ordinance. (ROLL CALL VOTE)
6b. p262 Discuss and consider adopting Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Repealing and Replacing Resolution No. 2024-18 and Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2023-2024 Funding Year of the State CDBG Mitigation Resilient Planning and Public Services (MIT-PPS) Program.” (ROLL CALL VOTE)
6c. p267 Discuss and consider adopting Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Updating Policies Relating to the Paradise Recovery and Operations (PRO) Fund.” (ROLL
CALL VOTE)
6d. p270 1. After a presentation, consider reviewing and filing the financial information provided by staff concerning the FY 2023-24 operating and capital budgets; 2. Approve staff recommended budget adjustments; and, 3. Adopt Resolution No. 2024-____ “A Resolution of the Town Council of the Town of Paradise Adopting Budget Amendments to the 2023/2024 Fiscal Year Operating Budget.” (ROLL CALL VOTE)
6e. p287 1. Pursuant to Public Contract Code Section 20166, consider rescinding award of the 2024 On-System Road Rehabilitation/HSIP Systemic Intersection Safety Improvement Project and rejecting all bids received; and, 2. Adopt Resolution No. 2024-___, “A resolution of the Town Council of the Town of Paradise approving the updated plans and specifications for the 2024 On-System Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project and authorizing re-advertisement for bids on the projects. (ROLL CALL VOTE)
6f. p433 Discuss and consider adopting Resolution No. 2024-____, “A resolution of the Town Council of the Town of Paradise approving the revised plans and specifications for the Animal Shelter Expansion Project and authorizing advertisement for bids on the project.” (ROLL CALL VOTE) 6g. p436 Consider adopting Resolution No. 2024-____, “A Resolution of the Town Council of the Town of Paradise Awarding Construction Contract No. 8407.2 CON, 2024 Off-System Road Rehabilitation Project, to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid and designating authority to the Town Manager to Execute an Agreement with Baldwin Contracting Company, Inc. dba Knife River Construction and to approve contingency expenditures not exceeding 10%”. (ROLL CALL VOTE)
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6h. p504 Consider adopting the following resolutions relating to the consolidation of the November 5, 2024 General Municipal Election, the regulations and costs for Candidate statements and direct the Town Clerk to transmit certified copies to the Butte County election department staff:
1. Adopt Resolution No. 2024-__, “A Resolution Calling and Giving Notice for the Holding of a General Municipal Election for the Election of Three Councilmembers.”
2. Adopt Resolution No. 2024-__, “A Resolution Requesting the Butte County Board of Supervisors to Consolidate a General Municipal Election.”
3. Adopt Resolution No. 2024-__, “A Resolution Adopting Regulations for Candidate Statements.” (ROLL CALL VOTE)
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: May 14, 2024
Agenda Item: 1(e)
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
CDBG-DR Economic Development
The Butte County allocation for CDBG DR Economic Development is $18.7 Million The Town worked with our regional workforce partners on an application for a workforce training center, located on the Paradise High School campus, that will focus on resilient building techniques.
Our partners include Paradise Unified School District, Butte College, Valley Contractor’s Exchange, and NorTEC.
The application has been submitted.
Town staff is working with HCD on additional information needed to a determination on the application’s eligibility for award.
Restoration of Regional Air Service
Council approved an investment to the Revenue Guarantee Fund of $75,000. Town staff is working with the Chico Airport to draft an agreement for this investment and facilitate the payment.
Healthcare
Healthcare Committee members Mayor Ron Lassonde and Councilmember Steve Crowder, along with the Recovery and Economic Development Director attended the 6 Healthcare Steering Committee meeting and presented a request for funding for a Community Healthcare Needs Assessment.
This assessment would be a public document, facilitated by the Town of Paradise through a consultant and paid for by the Feather River Health Foundation and other partners. The Feather River Health Foundation Board approved this request for up to half of the cost of the assessment.
Town Council approved funding half of the cost of the assessment. Town Staff is working with Feather River Health Foundation to begin the assessment process.
RECOVERY
Overall Hazard Mitigation Project Update
The Project Specific Programmatic Agreement that governs all environmental requirements for the project and has been the primary cause of project delays completed its final step on May 1.
It is now being routed for final signatures and overall approval for all projects is imminent.
Category 4 Tree Removal Program
We opened the program to applicants in July of 2022 and received 577 applicants. This represents 1,014 acres of private property across the Town and nearly 12,000 trees. Phase 2 Federal Environmental Review actions are now complete. CalOES is now completing final reviews and obligation processes. We anticipate full approval in the next month.
Town staff are working day with BCFSC on the implementation plan in order to be able to move quickly upon approval by FEMA.
The first 4 RFPs for the project were published for Tree Cutting Contractors, Forester, Archeology, and Biological Surveyors.
In April, we began property owner outreach and authorization paperwork for Phase two tree removal. As of May 3, we have 120 properties with complete paperwork and work ready to commence.
Early Warning System
All 21 Towers are standing and operational.
21 of the 21 standing Towers have all aesthetic branches installed. 19 of the 21 Towers have completed trenching and are connected to permanent power or in process of final connections through PG&E.
We anticipate full system completion, training and handover of the operation will occur in June 2024 in coordination with the future 24-hour dispatch center. Additional configuration, testing and sound level measurements are being collected with additional testing of towers during the first week of May.
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.
7 Assessments were completed in October 2023 and all Phase 1 closeout documents transferred to CalOES/FEMA for final environmental review. Phase 2 retrofit process will begin upon full approval of the environmental process.
Hazardous Fuels Reduction Program
Town Council approved implementation plan in March 2024. Human Resources is in the hiring process to begin the work this spring and public works is working through equipment procurement options.
Defensible Space Code Enforcement
The Defensible Space Code Enforcement project was fully approved and obligated in November 2023 by FEMA and CalOES
Town Staff are coordinating the process to implement this project in order to have the program operating for the Spring 2024 inspection season. Town Council approved implementation plan in January 2024. Staff will be in place in May in order to begin work.
COMMUNICATIONS
Paradise Chamber Open House Weekend June 1st and 2nd
The Paradise Chamber is holding an “Open House Weekend” June 1st and 2nd, intended to showcase the Town as a great place to live to prospective residents. The Town of Paradise is supporting this event through sharing promotional information, as well as staffing a Town booth at the “Party in the Park” event during the weekend. Funding for this effort comes primarily from the TOT Community Reinvestment Program.
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.
8 1
TOWN OF PARADISE
Council Agenda Summary
Date: May 14, 2024
Agenda No. 1(e)
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 is underway and will be complete before the end of June 2024. A map of the project areas is provided below:
Paradise Sewer Project
Complete
Complete
Underway
9 2
Accomplishments in Past Month
Supported PDB team progress on the Basis of Design Report including geotechnical investigations, hydraulic model refinements, and project schedule and cost model preparation.
Aligned with project stakeholders including DFA, HCD and all utility partners (PG&E, PID, Comcast, and AT&T). Introduced the Mountain-Cascade-Carollo team to the PCT team (City of Chico, Butte County).
Maintained on-going dialogue with all permitting entities. Submitted the project’s Biological Assessment (BA) to USFWS.
Key Activities in the Next Month
Facilitate the next PCT meeting, including coordination with the Butte Utility Council to provide a Paradise Sewer Project update & overview presentation.
Support PDB team progress for geotechnical borings, hydraulic model refinements, Risk Register kick-off, and project schedule and cost model review workshops.
Continue coordination of all permit applications, including interactions with USFWS, NMFS, CDFW, CVRWQCB, CVFPB, SHPO, and USACE.
10 Town of Paradise
Council Agenda Summary
Date: May 14th, 2024
Agenda Item: 1(e)
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. None
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) are issued under the Urgency Ordinance (Exhibit A).
April March
*Parcels with RV Storage only 0 (Expired April 30) 51
**Parcels permitted to occupy an RV 74 82
Accessory structures 13 13
*The Code Enforcement team inspected 51 expired RV storage sites; 20 RVs were removed, while 31 remained. The remaining sites will receive Notices of Violation, granting them an additional 30 days to comply with regulations.
**19 sites have not responded to the Town’s request for utility hook-up. If compliance is not gained and results in more than 2 citations, permit revocation hearings will be scheduled. 11 RV Code Enforcement activity. (Exhibit B):
April March
Occupied sites without TUPs 51 20
Occupied sites with TUP Violations 21 6
Compliance gained/RV cases closed 5 6
The Community Enhancement Outreach Team, comprised of Disaster Case Managers, Fire Prevention, Housing, Police Department, and Code Enforcement personnel, visited 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.
April March
Sites Visited 17 19
Community members contacted 9 15
Tenants 3 5
Owner-occupied 6 10
Supplied contact information 9 8
Do not qualify 2 1
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 April March
Clearance requests received 74 93
Certificates issued 66 88
Land Surveyor's Certifications 20 18
First inspection compliance rate 93% 74%
Weed abatement inspections
Compliant parcels 1,505 – 14% 8,800 – 79%
Active Code cases 170 196
Commercial parcels 12 15
Residential parcels 158 181
Other Code Enforcement Items:
Abandoned Vehicle Authority April March
Abatements 7 5
Commercial Sign April March
Violations 1 2
This issue has been forwarded to the Town Attorney.
Additionally, Code Enforcement received complaints covering various issues, including waste and refuse problems, zoning violations, construction without the required permits, fire hazards, concerns about vehicles, unauthorized dwellings, and the absence of garbage service. 12 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2022 13
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
14 Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 1(e)
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:
1. None
Background:
This report provides the Town Council with an update on Housing activities.
Analysis:
We have 35.3% of our pre-disaster housing stock to-date (1,377 surviving units + 2,866 new CofOs to-date [an increase of 52 from last month] = 4,243 habitable dwellings / 12,015 housing units before the Camp Fire).
An additional 791 permits have been issued 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 52 homes, 9 are 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 37 households to-date and have 12 applications in process.
CDBG-DR Multifamily Rental Housing Program ($55 million) -- Affordable rental housing. Seven (7) projects are eligible for funding; a total of 292 units. One project has leased up, and four projects (146 units) are under construction, 55 of which should be ready by this fall. The 2 remaining projects are awaiting tax credits.
CDBG (2023 Annual Allocation=$100,691; unspent funds=$109,305) -- Continuing to fund public services. The Annual Plan for 2024 allocates funds to economic development. CV funds ($208,244 not included above) can assist households living in RVs with emergency rental assistance; applications available now; 2 applications are in process.
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.
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 ($200,000 of PLHA funds).
Financial Impact:
None.
15 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:00 PM – April 09, 2024
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Lassonde at 5:02 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: Greg Bolin, Steve Crowder, Steve “Woody” Culleton, Rose Tryon and Ronald Lassonde Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Clerk/Elections Official Dina Volenski, Public Works Director/Town Engineer Marc Mattox, and Information Systems Director Luis Marquez.
At 5:05 p.m. Mayor Lassonde 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(a), the Council will meet with the Town Manager, and the Town Attorney relating to existing litigation: Town of Paradise v. The Estate of Patricia Watson, et al., Butte County Superior Court, Case No. 23CV00165.
After reconvening from Closed Session Mayor Lassonde announced:
MOTION by Bolin, seconded by Tryon, Town Council unanimously adopted Resolution No. 2024-28, “A Resolution of the Town Council for the Town of Paradise Confirming Costs of Abatement and Approving a Lien and Special Assessment Against Specific Real Property for Code Enforcement Activities.”
2b. 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 – three (3) potential cases.
After reconvening from Closed Session Mayor Lassonde announced that no action was taken.
16 3. ADJOURNMENT
Mayor Lassonde adjourned the Council meeting at 5:47 p.m.
Date approved:
By: Attest:
________________________ _________________________
Ronald Lassonde, Mayor Dina Volenski, CMC, Town Clerk
17 TOWN COUNCIL
Meeting Minutes
6:00 PM – April 09, 2024
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Lassonde at 6:00 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: Greg Bolin, Steve Crowder, Steve “Woody” Culleton, Rose Tryon and Ronald Lassonde, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Dina Volenski, Finance Director/Town Treasurer Aimee Beleu, Public Works Director/Town Engineer Marc Mattox, Community Development Director Susan Hartman, Community Development Director Tony Lindsey, Business and Housing Manager Kate Anderson, Recovery and Economic Development Project Manager Brian Solecki, Information Systems Director Luis Marquez, Police Chief Eric Reinbold and Fire Chief Garrett Needles.
Mayor Lassonde stated the following item came to the attention of Town staff subsequent to the posting of the agenda for the April 9, 2024 meeting. Pursuant to Government Code Section 54954.2, staff is requesting that Council take action to add the following item to the agenda. It takes two thirds vote to add the item to the agenda, or if less than two thirds are present a unanimous vote of those present.
As such, Council is requested to amend the Agenda to add Closed Session Item No. 9(a), as follows:
9a. Pursuant to Government Code Section 54956.8, the Town Council will meet with Real Property Negotiators, the Town Manager and Town Attorney regarding the following properties: 052-202-003-000 and 052-202-004-000.
Motion by Bolin, seconded by Culleton, the Town Council finds that there is a need to take immediate action and that the need came to the attention of the Town after the posting of the agenda and added Closed Session Agenda Item 9(a) to the agenda. Roll call vote was unanimous.
ITEM 6(h) WAS MOVED TO THE BEGINNING OF THE AGENDA BY COUNCIL CONSENUS.
18 6h. Town Manager Jim Goodwin presented the proposed dedication of the Daffodil Garden at Paradise Community Park in honor of Paradise resident, Ward Habriel.
MOTION by Crowder, seconded by Bolin, approved the dedication of the Daffodil Garden at Paradise Community Park in honor of Paradise resident, Ward Habriel. Roll call vote was unanimous. (1050-10-007, 180-40-027) Mayor Lassonde presented a proclamation to Ward Habriel recognizing his contribution to the community.
1. Ward Habriel expressed his gratitude to Council for their dedication to the community.
1a. Camp Fire Recovery Updates - 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.
2. CONSENT CALENDAR
MOTION by Bolin, seconded by Tryon, approved consent calendar items 2a through 2d. Roll call vote was unanimous.
2a. Approved the minutes of the March 8, 2024 Special Town Council meeting, and March 12, 2024 Special and Regular Town Council meetings. 2b. Approved March 2024 Cash Disbursements in the amount of $18,626,338.65. (310-10-035)
2c. 1. Declared the described Police equipment as surplus property; and, 2.
Adopted Resolution No. 2024-20, “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)
2d. Adopted Resolution No. 2024-21, “A Resolution of the Town Council of the Town of Paradise accepting the work performed under the Roadside 19 Evacuation Sign Project Contract No. 9431.CON, performed by John McGuire DBA McGuire Pacific Constructors.” (420-30-010, 510-20-404)
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION - None
5. PUBLIC HEARINGS
5a. Building and Housing Manger Kate Anderson provided an overview of the proposed 2024-2025 Annual Action Plan. Ms. Anderson shared that there was a misprint in the Agenda Summary which read “2023-2024 Annual Action Plan” but clarified the proposed plan is for the 2024-2025 FY.
Mayor Lassonde opened the public hearing at 6:22 p.m.
There were no public comments.
Mayor Lassonde closed the public hearing at 6:22 p.m.
MOTION by Bolin, seconded by Culleton, 1. Adopted the Draft 2024- 2025 Annual Action Plan as submitted; and, 2. Authorized staff to submit the adopted 2024-2025 Annual Action Plan to the U.S. Department of Housing and Urban Development. Roll call vote was unanimous. (710-10-105)
6. COUNCIL CONSIDERATION
6a. Finance Director Aimee Beleu provided an overview of the proposed GASB96 Policy.
MOTION by Tryon, seconded by Bolin, adopted Resolution No. 2024-22 “A Resolution of the Town Council of the Town of Paradise Adopting Administrative Policy No. 170, GASB-96 Policy.” Roll call vote was unanimous. (110-10-020)
6b. Finance Director Aimee Beleu provided an overview of the report on unexpended Development Impact Fees.
MOTION by Tryon, seconded by Bolin, adopted Resolution No. 2024-23, “A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006.” Roll call vote was unanimous. (740-10-013)
6c. Public Works Director/Town Engineer Marc Mattox provided an overview of the proposed contract with Lamon Construction Co. Inc. for the 2024 OnSystem Road Rehabilitation/HSIP Systemic Intersection Safety Improvement Project.
MOTION by Culleton, seconded by Bolin, adopted Resolution No. 2024- 24, “A Resolution of the Town Council of the Town of Paradise Awarding 20 Construction Contract No. 7303.3 CON, 2024 On-System Road Rehabilitation/HSIP Systemic Intersection Safety Improvement Project, to Lamon Construction Co, Inc. in the amount of their base bid in the amount of $4,961,786.55 and designating authority to the Town Manager to Execute an Agreement with Lamon Construction Co, Inc. and to approve contingency expenditures not exceeding 10%”. Roll call vote was unanimous. (510-20-428, 950-40-071)
Vice Mayor Bolin recused himself from the dais due to a potential conflict of interest at 6:31 p.m.
6d. Public Works Director/Town Engineer Marc Mattox provided an overview of the recommended Right of Way Acquisition Management Plan (RAMP) for the Paradise Sewer Project.
MOTION by Culleton, seconded by Crowder, 1. Concurred with staff’s recommendation to adopt the Right of Way Acquisition Management Plan (RAMP) that has been prepared for the Paradise Sewer Project as the document that will guide the process for acquisition of any easements or rights of way that are determined to be necessary to the Paradise Sewer Project; and, 2. Adopted Resolution No. 2024-25, “A Resolution of the Town Council of the Town of Paradise Adopting the Paradise Sewer Project Right of Way Acquisition Management Plan as the official RAMP for the Paradise Sewer Project." Roll call vote was unanimous with Vice Mayor Bolin absent and not voting. (960-70-007, 960-70-008)
6e. Public Works Director/Town Engineer Marc Mattox provided an overview of staff’s recommendation to purchase Environmental Mitigation Credits, up to the budgeted amount of $2.4M to offset the impacts of the Paradise Sewer Project, utilizing secured CDBG-DR Infrastructure Planning Funds.
MOTION by Crowder, seconded by Culleton, 1. Concurred with staff recommendation to bestow to the Town Manager the authority to purchase Environmental Mitigation Credits, up to the budgeted amount of $2.4M to offset the impacts of the Paradise Sewer Project, utilizing secured CDBGDR Infrastructure Planning Funds; and, 2. Adopted Resolution No. 2024- 26, "A Resolution of the Town Council of the Town of Paradise Designating Authority to the Town Manager to Approve the Purchase of Environmental Mitigation Credits." Roll call vote was unanimous with Vice Mayor Bolin absent and not voting. (960-70-007, 710-10-099)
Vice Mayor Bolin returned to the dais at 6:48 p.m.
6f. Public Works Director/Town Engineer Marc Mattox provided an overview of proposed Ordinance No. 634 with the correction to the draft ordinance presented at its introduction that referenced a $175,000 threshold. Mr.
Mattox clarified the informal bid threshold to be $200,000 or less as indicated in the ordinance.
21 MOTION by Culleton, seconded by Tryon, 1. Waived the second reading of the Town of Paradise Ordinance No. 634 and read by title only; and,
2. Adopted Town Ordinance No. 634 “An Ordinance Adding Section
2.45.105 to the Paradise Municipal Code Relating to an Informal Bid Process for Public Works Projects of $200,000 or Less.” Roll call vote was unanimous. (540-16-203)
6g. Town Manager Jim Goodwin provided an overview of the proposed amendment to Administrative Policy No. 520 regarding a rental incentive for Paradise Community Park for State and Federally Recognized non-profit organizations from April 9, 2024 to April 9, 2029.
Council asked that the policy and resolution reflect that the suspension of rental fees for Paradise Community Park be restricted to “Paradise” nonprofit organizations.
1. Bill Hartley spoke in favor of this item.
MOTION by Crowder, seconded by Bolin, 1. Directed staff to suspend the rental fees for Paradise Community Park for Paradise non-profit organizations for a period of five years; and 2. Adopted Resolution 2024-27 “A Resolution of the Town Council of the Town of Paradise Amending Administrative Policy No. 520 Regarding a Rental Incentive for Paradise Community Park for State and Federally Recognized Paradise Non-Profit Organizations from April 9, 2024 to April 9, 2029.” Roll call vote was unanimous. (110-10-020)
6h. ITEM WAS MOVED TO THE BEGINNING OF THE AGENDA
6i. Recovery and Economic Development Project Manager Brian Solecki presented the proposed implementation of the Safe Network system addition to the Early Warning System.
MOTION by Lassonde, seconded by Bolin, 1. Concurred with staff’s recommendation to move forward with implementation of the Safe Network system addition to the Early Warning System if authorized by FEMA; and,
2. Directed staff to come back with a plan on moving forward if FEMA denies the request for the system addition. Roll call vote was unanimous. (420-30-009, 420-30-011)
6j. Town Manager Jim Goodwin provided an overview of staff’s recommendation to allocate up to $75,000 toward a Community Healthcare Needs Assessment that will be matched by Feather River Health Foundation up to $75,000.
1. Mark Thorp spoke in favor of this item.
22 MOTION by Crowder, seconded by Lassonde, 1. Concurred with staff’s recommendation to allocate up to $75,000 towards a Community Healthcare Needs Assessment; and, 2. Directed staff to issue a Request for Proposals for the drafting of the Community Healthcare Needs Assessment. Roll call vote was unanimous. (460-10-002)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items – None
7b. Council reports on committee representation
Council Member Culleton attended a CHIP ribbon cutting celebration.
Council Member Crowder attended the Healthcare Committee meeting; met with Adventist Health; shared an update from the Fire Victim’s Trust; helped host a tour with Congressman LaMalfa and Congresswoman Takuda from Maui.
Vice Mayor Bolin attended the monthly Local Agency Formation Commission meeting; a Habitat for Humanity event; and the State of the Town hosted by the Paradise Ridge Chamber of Commerce.
Council Member Tryon attended the State of the Town hosted by the Paradise Ridge Chamber of Commerce; the monthly Butte County Association of Governments meeting; and was elected to the board of the Butte County Fire Safe Council (BCFSC).
Mayor Lassonde attended the Healthcare Committee meeting; toured the Town with the State Department Exchange Committee with a group from Turkey; interviewed with KRCR; attended a conference call with the president of the Fire Victim’s Trust; hosted a tour for Congressman LaMalfa and Congresswoman Takuda from Maui; attended a preliminary budget meeting with the Finance Committee and a CHIP ribbon cutting celebration. 7c. Future Agenda Items
1. Discussion around rezoning the downtown corridor to business/multiuse (CROWDER)
2. Discussion around expanding the Town’s sphere of influence to prevent urban sprawl (CULLETON)
23 8. STAFF COMMUNICATION
8a. Town Manager Goodwin reflected on the tour with the State Department Exchange Committee; shared the Town hosted the first of quarterly administrator meetings with Paradise Recreation and Park District, Paradise Irrigation District and Paradise Unified School District; had a meeting with Taylor Neilson from the BCFSC; and met with David Reed from the Yuba/Sutter Arts Council to learn about their process and their program surrounding art on electrical boxes, which will be brought back to Council in early summer.
9. CLOSED SESSION
At 7:53 p.m. Mayor Lassonde announced that the Town Council would adjourn to Closed Session for the following item:
9a. Pursuant to Government Code Section 54956.8, the Town Council will meet with Real Property Negotiators, the Town Manager and Town Attorney regarding the following properties: 052-202-003-000 and 052-202-004-000.
After reconvening from Closed Session at 8:21 p.m., Mayor Lassonde announced direction was given, no reportable action was taken.
10. ADJOURNMENT
Mayor Lassonde adjourned the meeting at 8:22 p.m.
Date approved:
By: Attest:
___________________________ __________________________
Ronald Lassonde, Mayor Dina Volenski, CMC, Town Clerk
24 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 10:30 AM – April 22, 2024
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Lassonde at 10:31 a.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.
An invocation was offered by Rajan Zed.
COUNCIL MEMBERS PRESENT: Greg Bolin, Steve Crowder, Steve “Woody” Culleton, Rose Tryon and Ronald Lassonde 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, and Deputy Town Clerk Melanie Elvis.
2. COUNCIL CONSIDERATION
2a. Community Development Director Susan Hartman provided an overview of the current and proposed zoning amendments for the downtown corridor. Council discussed potential actions and timing of actions designed to preserve housing in the downtown without compromising a vision for a vibrant commercial downtown core.
1. Aubury Pruis spoke in favor of this item; shared that as a realtor how he thought the houses that were already rebuilt in the commercial downtown would be affected by a zone amendment; and thanked Council for their dedication to the Town’s recovery.
2. Kathy Dysert spoke in favor of this item and asked if and how a zone amendment would affect the corporation yard, Police and Fire Stations and if they would be moved due to lack of visual appeal.
MOTION by Bolin seconded by Culleton, directed staff to bring back an urgency ordinance at the Regular May Town Council meeting to place a moratorium on single and multi-family housing units in the CentralBusiness Zoning District for 45 days. Roll call vote was unanimous.
Mayor Lassonde adjourned the Council meeting at 11:20 a.m.
Date approved:
By: Attest:
_______________________ _________________________
Ronald Lassonde, Mayor Dina Volenski, CMC, Town Clerk
25 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
April 1, 2024 - April 30, 2024
26 CASH DISBURSEMENTS REPORT
April 1, 2024 - April 30, 2024
Check Date Pay Period End Description Amount Total
4/12/2024 4/7/2024 Net Payroll - Direct Deposits and Checks $ 225,446.54 4/26/2024 4/21/2024 Net Payroll - Direct Deposits and Checks $ 245,919.88 $ 471,366.42
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 424,557.44 Operations Vendors: Supplies, Contracts, Utilities, Etc. $ 2,715,061.96 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 3,139,619.40
GRAND TOTAL CASH DISBURSEMENTS $ 3,610,985.82
APPROVED BY:
Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:
Jim Goodwin - Town Manager
27 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP TCB - General Checking
Check
86283 04/04/2024 Open Accounts Payable 4LEAF, Inc $7,968.00 86284 04/04/2024 Open Accounts Payable Adams Ashby Group, Inc. $4,641.00 86285 04/04/2024 Open Accounts Payable AGS CONSTRUCTION SERVICES $5,248.00 86286 04/04/2024 Open Accounts Payable AIRGAS SAFETY, INC. $381.45 86287 04/04/2024 Open Accounts Payable Amazon Capital Services $2,264.62 86288 04/04/2024 Open Accounts Payable Anderson Builders Corporation $40,220.00 86289 04/04/2024 Open Accounts Payable AT&T MOBILITY $89.46 86290 04/04/2024 Open Accounts Payable Barcodes Acquisition, Inc. $253.57 86291 04/04/2024 Open Accounts Payable BIDWELL TITLE & ESCROW $100.00 86292 04/04/2024 Open Accounts Payable Blais & Associates, LLC $17,490.00 86293 04/04/2024 Open Accounts Payable Blue Flamingo Marketing Advocates $2,500.00 86294 04/04/2024 Open Accounts Payable Broad & Gusman $4,000.00 86295 04/04/2024 Open Accounts Payable Bureau Veritas North America, Inc $12,210.00 86296 04/04/2024 Open Accounts Payable BUTTE CO DISTRICT ATTORNEY $4,000.00 86297 04/04/2024 Open Accounts Payable BUTTE COUNTY FIRE SAFE
COUNCIL
$1,000.00
86298 04/04/2024 Open Accounts Payable Clinton Powell $125.00 86299 04/04/2024 Open Accounts Payable Cole Huber LLP $5,789.50 86300 04/04/2024 Open Accounts Payable Down Range Indoor Training Center $356.60 86301 04/04/2024 Open Accounts Payable Elk Grove Auto / Winner Chevrolet $57,148.57 86302 04/04/2024 Open Accounts Payable ENLOE MEDICAL CENTER, INC. $354.00 86303 04/04/2024 Open Accounts Payable ESRI $900.00
86304 04/04/2024 Open Accounts Payable First American Title Company $100,000.00 86305 04/04/2024 Open Accounts Payable FP/FRANCOTYP-POSTALIA
MAILING SOLUTIONS
$135.00
86306 04/04/2024 Open Accounts Payable Freedom Forever $254.40 86307 04/04/2024 Open Accounts Payable GREAT AMERICA LEASING CORP. $156.25 86308 04/04/2024 Open Accounts Payable GREEN RIDGE LANDSCAPING $4,846.00 86309 04/04/2024 Open Accounts Payable HLP, INC / CHAMELEON
SOFTWARE PRODUCTS
$6.30
86310 04/04/2024 Open Accounts Payable Hope Crisis Response Network, Inc $14,600.00 86311 04/04/2024 Open Accounts Payable Hope Crisis Response Network, Inc $8,330.00 86312 04/04/2024 Open Accounts Payable Hope Crisis Response Network, Inc $45,000.00 86313 04/04/2024 Open Accounts Payable Hope Crisis Response Network, Inc $15,000.00 86314 04/04/2024 Open Accounts Payable Hope Crisis Response Network, Inc $3,500.00 86315 04/04/2024 Open Accounts Payable Housing Authority of the County of Butte
$303,050.00
86316 04/04/2024 Open Accounts Payable HQE Systems, Inc. $95,531.35 86317 04/04/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$9,157.94
86318 04/04/2024 Open Accounts Payable INTERSTATE OIL COMPANY $204.95 86319 04/04/2024 Open Accounts Payable James or Lavenia Riotto $125.00 86320 04/04/2024 Open Accounts Payable JOHNNY ON THE SPOT
PORTABLES
$566.60
86321 04/04/2024 Open Accounts Payable KP Research Services, Inc. $2,826.56 86322 04/04/2024 Open Accounts Payable L.N. CURTIS & SONS $366.57 86323 04/04/2024 Open Accounts Payable LEFTA Systems $6,102.71 86324 04/04/2024 Open Accounts Payable Look Ahead Veterinary Services $218.67 user: Jack Gates Pages: 1 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 28 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
86325 04/04/2024 Open Accounts Payable McGuire Pacific Constructors $66,633.95 86326 04/04/2024 Open Accounts Payable Mercy Housing California $676,673.88 86327 04/04/2024 Open Accounts Payable Meyers Police K-9 Training, LLC $1,050.00 86328 04/04/2024 Open Accounts Payable Midwest Veterinary Supply, Inc $613.58 86329 04/04/2024 Open Accounts Payable Mt Shasta Spring Water Co., Inc $129.51 86330 04/04/2024 Open Accounts Payable NAPA Auto Parts $83.38 86331 04/04/2024 Open Accounts Payable Nichols-Melburg + Rossetto, AIA + Associates Inc
$10,800.00
86332 04/04/2024 Open Accounts Payable North State Tire Co. Inc. $554.28 86333 04/04/2024 Open Accounts Payable Nutrien $3,185.33 86334 04/04/2024 Open Accounts Payable NV5, Inc. $2,649.03 86335 04/04/2024 Open Accounts Payable O'REILLY AUTO PARTS $262.61 86336 04/04/2024 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $189.50 86337 04/04/2024 Open Accounts Payable PACIFIC GAS & ELECTRIC $1,716.55 86338 04/04/2024 Open Accounts Payable PARADISE ALLIANCE CHURCH $120.00 86339 04/04/2024 Open Accounts Payable PARADISE IRRIGATION DIST $3,408.52 86340 04/04/2024 Open Accounts Payable Sierra West Consulting Group Inc. $13,200.00 86341 04/04/2024 Open Accounts Payable Spherion Staffing $1,542.42 86342 04/04/2024 Open Accounts Payable Tahoe Pure Water Co. $125.00 86343 04/04/2024 Open Accounts Payable THOMAS ACE HARDWARE $17.38 86344 04/04/2024 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$918.16
86345 04/04/2024 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$17.72
86346 04/04/2024 Open Accounts Payable Top Notch Commercial Cleaning Inc. $1,800.00 86347 04/04/2024 Open Accounts Payable TUCKER PEST CONTROL INC $95.00 86348 04/04/2024 Open Accounts Payable Valley Lock & Safe $30.00 86349 04/08/2024 Open Accounts Payable BCI Burke Company, LLC $10,948.47 86350 04/08/2024 Open Accounts Payable AGS CONSTRUCTION SERVICES $9,104.00 86351 04/11/2024 Open Accounts Payable ICMA 457 - MissionSquare $1,660.28 86352 04/11/2024 Open Accounts Payable STATE DISBURSEMENT UNIT $760.60 86353 04/18/2024 Open Accounts Payable ACCESS INFORMATION
PROTECTED
$79.31
86354 04/18/2024 Open Accounts Payable ADVANCED DOCUMENT
CONCEPTS
$6.97
86355 04/18/2024 Open Accounts Payable AIRGAS SAFETY, INC. $61.16 86356 04/18/2024 Open Accounts Payable Alpha Signs , Michael Ford $153.27 86357 04/18/2024 Open Accounts Payable Alvies, John $162.25 86358 04/18/2024 Open Accounts Payable Amazon Capital Services $1,185.91 86359 04/18/2024 Open Accounts Payable ANIMAL HOSPITAL/VETMOBILE $475.00 86360 04/18/2024 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.91 86361 04/18/2024 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $197.05 86362 04/18/2024 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$27.79
86363 04/18/2024 Open Accounts Payable AT&T/CALNET3 - Summary $27.96 86364 04/18/2024 Open Accounts Payable AT&T/CALNET3 - Summary $764.08 86365 04/18/2024 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,057.74
86366 04/18/2024 Open Accounts Payable Bear Electrical Systems, Inc $1,520.00 86367 04/18/2024 Open Accounts Payable Big O Tires $340.00 86368 04/18/2024 Open Accounts Payable Biometrics4ALL, Inc $25.50 user: Jack Gates Pages: 2 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 29 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
86369 04/18/2024 Open Accounts Payable Bug Smart $83.00 86370 04/18/2024 Open Accounts Payable BUTTE CO RECORDER $312.00 86371 04/18/2024 Open Accounts Payable BUTTE REGIONAL TRANSIT $81.60 86372 04/18/2024 Open Accounts Payable CALIFORNIA STATE DEPARTMENT
OF JUSTICE
$994.00
86373 04/18/2024 Open Accounts Payable Chico State Enterprises $7,500.00 86374 04/18/2024 Open Accounts Payable Cole Huber LLP $57,941.01 86375 04/18/2024 Voided Incorrect Check
Number
04/18/2024 Accounts Payable COMCAST CABLE $429.63
86376 04/18/2024 Voided Incorrect Check
Number
04/18/2024 Accounts Payable COMCAST CABLE $409.63
86377 04/18/2024 Open Accounts Payable Cordico Psychological Corporation $500.00 86378 04/18/2024 Open Accounts Payable Creative Composition Inc $438.56 86379 04/18/2024 Open Accounts Payable DATCO SERVICES CORPORATION $315.00 86380 04/18/2024 Open Accounts Payable DEPARTMENT OF FORESTRY &
FIRE PROTECTION
$908.32
86381 04/18/2024 Open Accounts Payable Dokken Engineering, Inc. $10,893.19 86382 04/18/2024 Open Accounts Payable Down Range Indoor Training Center $77.93 86383 04/18/2024 Open Accounts Payable Eidhammer, Trenton $306.00 86384 04/18/2024 Open Accounts Payable Elvis, Melanie $275.22 86385 04/18/2024 Open Accounts Payable Entersect $109.95 86386 04/18/2024 Open Accounts Payable Erdahl, Jessica $552.29 86387 04/18/2024 Open Accounts Payable ESRI $3,610.00
86388 04/18/2024 Open Accounts Payable GOVERNOR'S OFFICE OF
EMERGENCY SERVICES
$1,528.00
86389 04/18/2024 Open Accounts Payable Granicus LLC $5,580.05 86390 04/18/2024 Open Accounts Payable GREAT AMERICA LEASING CORP. $145.47 86391 04/18/2024 Open Accounts Payable GREEN RIDGE LANDSCAPING $450.00 86392 04/18/2024 Open Accounts Payable Harry Eiland $125.00 86393 04/18/2024 Open Accounts Payable Hawkins Delafield & Wood LLP $69,800.00 86394 04/18/2024 Open Accounts Payable HDR Engineering, Inc $191,275.21 86395 04/18/2024 Open Accounts Payable Hope Crisis Response Network, Inc $25,000.00 86396 04/18/2024 Open Accounts Payable Hope Crisis Response Network, Inc $15,250.00 86397 04/18/2024 Open Accounts Payable Hope Crisis Response Network, Inc $20,000.00 86398 04/18/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$13,717.80
86400 04/18/2024 Open Accounts Payable INTERSTATE SALES $314.13 86401 04/18/2024 Open Accounts Payable James or Lavenia Riotto $250.00 86402 04/18/2024 Open Accounts Payable Jennifer Arbuckle $2,750.00 86403 04/18/2024 Open Accounts Payable Kimball Midwest $328.63 86404 04/18/2024 Voided Incorrect Check
Number
04/18/2024 Accounts Payable KNIFE RIVER CONSTRUCTION $1,255.09 86405 04/18/2024 Voided Incorrect Check
Number
04/18/2024 Accounts Payable KNIFE RIVER CONSTRUCTION $634.33 86406 04/18/2024 Open Accounts Payable KOEFRAN INDUSTRIES $1,200.00 86407 04/18/2024 Open Accounts Payable L.N. CURTIS & SONS $1,232.51 86408 04/18/2024 Open Accounts Payable LACO Associates $30,250.00 86409 04/18/2024 Open Accounts Payable Lassen Community College $253.00 86410 04/18/2024 Open Accounts Payable LES SCHWAB TIRE CENTER -
MOTORPOOL
$43.53
86411 04/18/2024 Open Accounts Payable LIFE ASSIST INC $269.38 user: Jack Gates Pages: 3 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 30 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
86412 04/18/2024 Open Accounts Payable MAGOON SIGNS $48.71 86413 04/18/2024 Open Accounts Payable Mark Thomas & Company Inc $5,121.75 86414 04/18/2024 Open Accounts Payable Mendes Supply Company $76.71 86416 04/18/2024 Open Accounts Payable Meyers Police K-9 Training, LLC $195.00 86417 04/18/2024 Open Accounts Payable MJB WELDING SUPPLY, INC. $140.29 86418 04/18/2024 Open Accounts Payable MUNIMETRIX SYSTEMS CORP $39.99 86419 04/18/2024 Open Accounts Payable NAPA Auto Parts $175.77 86420 04/18/2024 Open Accounts Payable North State Tire Co. Inc. $962.11 86421 04/18/2024 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$1,990.88
86422 04/18/2024 Open Accounts Payable Nutrien $3,185.33 86423 04/18/2024 Open Accounts Payable O'REILLY AUTO PARTS $1,297.89 86424 04/18/2024 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $4,453.24 86425 04/18/2024 Open Accounts Payable Oroville Cable $63.03 86426 04/18/2024 Open Accounts Payable Oroville Tow & Salvage $2,650.00 86427 04/18/2024 Open Accounts Payable PACIFIC GAS & ELECTRIC $19,771.65 86428 04/18/2024 Open Accounts Payable PARADISE POST $371.97 86429 04/18/2024 Open Accounts Payable Psomas $12,420.62 86430 04/18/2024 Open Accounts Payable Shasta Cascade Chapter ICC $250.00 86431 04/18/2024 Open Accounts Payable SONSRAY MACHINERY LLC $483.50 86432 04/18/2024 Open Accounts Payable Spherion Staffing $865.92 86433 04/18/2024 Open Accounts Payable Stertil Koni USA, Inc. $71,340.65 86434 04/18/2024 Open Accounts Payable Stratti $10,337.35 86435 04/18/2024 Open Accounts Payable T MOBILE USA, INC. $1,672.19 86436 04/18/2024 Open Accounts Payable Tahoe Pure Water Co. $74.00 86437 04/18/2024 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$808.53
86438 04/18/2024 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$93.18
86439 04/18/2024 Open Accounts Payable Thompson, Travis $85.49 86440 04/18/2024 Open Accounts Payable Top Notch Commercial Cleaning Inc. $6,049.00 86441 04/18/2024 Open Accounts Payable Tri Flame Propane $402.25 86442 04/18/2024 Open Accounts Payable TRUEPOINT SOLUTIONS, LLC $2,887.50 86443 04/18/2024 Open Accounts Payable VERIZON WIRELESS $570.15 86444 04/18/2024 Open Accounts Payable WILGUS FIRE CONTROL INC $1,132.81 86445 04/18/2024 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $475.93 86446 04/18/2024 Open Accounts Payable WITTMEIER AUTO CENTER $516.56 86447 04/18/2024 Open Accounts Payable COMCAST CABLE $166.63 86448 04/18/2024 Open Accounts Payable INTERNATIONAL INSTITUTE OF
MUNICIPAL CLERKS
$15.00
86449 04/18/2024 Open Accounts Payable COMCAST CABLE $429.63 86450 04/18/2024 Open Accounts Payable COMCAST CABLE $409.63 86451 04/18/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $1,255.09 86452 04/18/2024 Open Accounts Payable KNIFE RIVER CONSTRUCTION $634.33 86453 04/18/2024 Open Accounts Payable Aflac $57.98
86454 04/18/2024 Open Accounts Payable OPERATING ENGINEERS $1,088.00 86455 04/18/2024 Open Accounts Payable PARADISE POLICE OFFICERS
ASSOCIATION
$2,435.51
86456 04/18/2024 Open Accounts Payable TOP CONFIDENTIAL MID MGMT
ASSOCIATION
$85.00
user: Jack Gates Pages: 4 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 31 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
86457 04/25/2024 Open Accounts Payable ICMA 457 - MissionSquare $1,660.28 86458 04/25/2024 Open Accounts Payable Met Life $12,731.78 86459 04/25/2024 Open Accounts Payable STATE DISBURSEMENT UNIT $760.60 86460 04/25/2024 Open Accounts Payable SUN LIFE INSURANCE $7,835.38 86461 04/25/2024 Open Accounts Payable SUPERIOR VISION SVC INC $916.44 86462 04/29/2024 Open Accounts Payable NCCSIF TREASURER $54,584.75 Type Check Totals: 178 Transactions $2,294,959.56
EFT
1 04/11/2024 Open Accounts Payable CALPERS - RETIREMENT $61,177.69 2 04/11/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$10,103.25
3 04/11/2024 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $10,178.12 4 04/11/2024 Open Accounts Payable INTERNAL REVENUE SERVICE $34,666.20 5 04/18/2024 Open Accounts Payable CALPERS $152,851.39
6 04/25/2024 Open Accounts Payable CALPERS - RETIREMENT $61,136.17 7 04/25/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$12,938.06
8 04/25/2024 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $10,178.12 9 04/25/2024 Open Accounts Payable INTERNAL REVENUE SERVICE $41,336.59 Type EFT Totals: 9 Transactions $394,565.59
AP TCB - General Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 174 $2,292,230.88 $0.00
Reconciled 0 $0.00 $0.00
Voided 4 $2,728.68 $0.00
Stopped 0 $0.00 $0.00
Total 178 $2,294,959.56 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 9 $394,565.59 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 9 $394,565.59 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 183 $2,686,796.47 $0.00
Reconciled 0 $0.00 $0.00
Voided 4 $2,728.68 $0.00
Stopped 0 $0.00 $0.00
Total 187 $2,689,525.15 $0.00
AP - US Bank TOP AP Checking
Check
85579 04/04/2024 Open Accounts Payable ADVANCED DOCUMENT
CONCEPTS
$377.32
85580 04/04/2024 Open Accounts Payable Amazon Capital Services $347.50 85581 04/04/2024 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $102.91 85582 04/04/2024 Open Accounts Payable AT&T/CALNET3 - REPEATER LINES $197.05 85583 04/04/2024 Open Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
$27.79
85584 04/04/2024 Open Accounts Payable AT&T/CALNET3 - Summary $4,015.99 user: Jack Gates Pages: 5 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 32 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
85585 04/04/2024 Open Accounts Payable AT&T/CALNET3 - Summary $27.90 85586 04/04/2024 Open Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
$1,057.74
85587 04/04/2024 Open Accounts Payable Biometrics4ALL, Inc $16.50 85588 04/04/2024 Open Accounts Payable Butte County Information Systems $56,548.80 85589 04/04/2024 Open Accounts Payable Cole Huber LLP $2,736.00 85590 04/04/2024 Open Accounts Payable Cordico Psychological Corporation $1,600.00 85591 04/04/2024 Open Accounts Payable Creative Composition Inc $5,822.31 85592 04/04/2024 Open Accounts Payable De Lage Landen Public Finance LLC $2,343.75 85593 04/04/2024 Open Accounts Payable Gregory Cundiff $350.00 85594 04/04/2024 Open Accounts Payable INTERNATIONAL INSTITUTE OF
MUNICIPAL CLERKS
$125.00
85595 04/04/2024 Open Accounts Payable JOHNNY ON THE SPOT
PORTABLES
$379.95
85596 04/04/2024 Open Accounts Payable Lash's Glass $2,566.32 85597 04/04/2024 Open Accounts Payable Lui, Andrea $113.00 85598 04/04/2024 Open Accounts Payable NextRequest Co. $8,433.60 85599 04/04/2024 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$480.08
85600 04/04/2024 Open Accounts Payable NORTHGATE PETROLEUM CO $1,114.42 85601 04/04/2024 Open Accounts Payable RoadSafe Traffic Systems, Inc. $247.75 85602 04/04/2024 Open Accounts Payable St John, Mollie, A $113.00 85603 04/04/2024 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$29.48
85604 04/04/2024 Open Accounts Payable WILLDAN FINANCIAL SERVICES $3,300.00 85605 04/04/2024 Open Accounts Payable Wood, Montana, S $304.00 85606 04/18/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 85607 04/18/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 85608 04/18/2024 Voided Project Cancelled 04/25/2024 Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 85609 04/18/2024 Open Accounts Payable Hope Crisis Response Network, Inc $10,500.00 85610 04/18/2024 Open Accounts Payable Hope Crisis Response Network, Inc $24,600.00 85611 04/18/2024 Open Accounts Payable Hope Crisis Response Network, Inc $21,128.00 85612 04/18/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $508.00 85613 04/18/2024 Open Accounts Payable SBA Monarch Towers III LLC $180.09 85614 04/18/2024 Open Accounts Payable Stratton Appraisals $400.00 Type Check Totals: 36 Transactions $450,094.25
AP - US Bank TOP AP Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 35 $350,094.25 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $100,000.00 $0.00
Stopped 0 $0.00 $0.00
Total 36 $450,094.25 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 0 $0.00 $0.00
user: Jack Gates Pages: 6 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 33 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
All Status Count Transaction Amount Reconciled Amount
Open 35 $350,094.25 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $100,000.00 $0.00
Stopped 0 $0.00 $0.00
Total 36 $450,094.25 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 209 $2,642,325.13 $0.00
Reconciled 0 $0.00 $0.00
Voided 5 $102,728.68 $0.00
Stopped 0 $0.00 $0.00
Total 214 $2,745,053.81 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 9 $394,565.59 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 9 $394,565.59 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 218 $3,036,890.72 $0.00
Reconciled 0 $0.00 $0.00
Voided 5 $102,728.68 $0.00
Stopped 0 $0.00 $0.00
Total 223 $3,139,619.40 $0.00
user: Jack Gates Pages: 7 of 7 Tuesday, April 30, 2024
Payment Register
TOWN OF PARADISE
From Payment Date: 4/1/2024 - To Payment Date: 4/30/2024 34 Town of Paradise
Council Agenda Summary
Date: May 14th, 2024
Agenda Item: 2(c)
ORIGINATED BY: Tony Lindsey, CDD Director
Garret Needles, Fire Chief
REVIEWED BY: Jim Goodwin, Town Manager
Scott Huber, Town Attorney
SUBJECT: Approve and adopt a resolution accepting the SB 1205 Mandated Inspection Report.
LONG TERM
RECOVERY PLAN:
NA
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2024-__, "A Resolution of the Town Council of the Town of Paradise acknowledging receipt of a report made by the Fire Chief of the Paradise Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code." Background:
In 2018, Senate Bill 1205 (SB 1205) was enacted into law after being signed by the California Governor. This legislation was prompted by the tragic Ghost Ship Fire in Oakland in December 2016, which drew national attention to California's fire safety laws and the effectiveness of fire inspections. SB 1205 amended the California Health and Safety Code to introduce several changes. Notably, it mandated annual inspections and reporting for all facilities subject to existing inspection requirements, including schools (both public and private). Additionally, the amendment broadened the scope of mandated inspections to encompass hotels, motels, lodging houses, and apartments. Furthermore, the new state law necessitated the completion of annual reporting on the findings of these inspections. Governance bodies are now required to accept the report and formally adopt a resolution stating the results of the report's acceptance in a formal resolution or similar manner.
California Health and Safety Code Sections 13146.2 and 13146.3 mandate fire departments to provide fire protection services and conduct annual inspections in various types of buildings, including hotels, motels, lodging houses, apartment houses, and public and private schools. However, before the enactment of SB 1205, these sections did not specify reporting or demonstrating compliance requirements.
Adopting this Resolution, the Town of Paradise ensures compliance with California Health and Safety Code Sections 13146.2 and 13146.3, fulfilling the state-mandated inspections outlined above. It's worth noting that while the law doesn't outline specific penalties, adherence to these regulations is crucial for maintaining safety standards. 35 Analysis:
The Paradise Fire Prevention Division is accountable for conducting 37 occupancy inspections within the Town of Paradise. Among these, 11 fall under Group E Occupancies; 1 is classified as an I Occupancy, with the remaining 25 categorized as Group R Occupancies. All inspections are designated priority fire prevention measures and are subject to compulsory annual reporting to the Paradise Town Council. For the fiscal year 2023/2024, the total of 37 inspections excludes numerous re-inspections. Staff members consistently perform re-inspections in response to deficiencies noted during initial inspections. During this reporting period, Fire Prevention personnel completed all 37 priority building inspections, achieving a compliance rate of 100%.
Accepting this compliance report and adopting the recommended Resolution satisfies the statutory obligations outlined in California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4, as amended by SB1205.
Financial Impact:
No financial impacts are associated with filing and accepting this report.
Attachment:
Resolution
36 TOWN OF PARADISE
RESOLUTION NO. 2024-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE
CHIEF OF THE PARADISE FIRE DEPARTMENT REGARDING THE INSPECTION OF
CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018 and became effective on September 27, 2018; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Paradise Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and, WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Paradise Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and,
WHEREAS, the Town Council of the Town of Paradise intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Paradise Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE that said Council expressly acknowledges the measure of compliance of the Paradise Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the Town of Paradise, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those of public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.11 Group E occupancies, buildings, structures, and facilities are within the Town of Paradise.
During the fiscal year 2023/2024, the Paradise Fire Prevention staff completed the annual inspection of 11 Group E occupancies, buildings, structures, and facilities. This is a compliance rate of 100 % for this reporting period.
37 TOWN OF PARADISE
RESOLUTION NO. 2024-__
B. RESIDENTIAL GROUP R OCCUPANCIES:
For this Resolution, Residential Group R occupancies generally contain sleeping units, including hotels, motels, apartments (three units or more), and other residential occupancies (including several residential care facilities). These residential care facilities have several different sub-classifications, and they may contain residents or clients with a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the Town of Paradise are 25 Group R (and their associated sub-categories) occupancies of this nature.
During the fiscal year 2023/2024, the Paradise Fire Prevention staff completed the annual inspection of 25 Group R occupancies, buildings, structures, and facilities. This is a compliance rate of 100 % for this reporting period.
C. INSTITUTIONAL GROUP I OCCUPANCIES
Institutional Group I occupancies, for this Resolution, are generally those where the use of a building or structure is to provide care or supervision to persons who are incapable of self-preservation without physical assistance, in which persons are detained for penal or correctional purposes, or in which the liberty of the occupants is restricted.
Within the District lies 1 known Group I occupancy, building, structure, and facility.
During the fiscal year 2023/2024, the Paradise Fire Prevention staff completed the annual inspection of 1 Group I occupancies, buildings, structures, and facilities. This is a compliance rate of 100 % for this reporting period.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Ronald Lassonde, Mayor
ATTEST:
By: ____________ ______
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
____________________ __
Scott E. Huber, Town Attorney
38 Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 2(d)
ORIGINATED BY: Marc Mattox, Public Works Director/Town
Engineer
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: SB 1 Road Maintenance and Rehabilitation Account Project List
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2024-_____ , “A Resolution Of The Town Council Of The Town Of Paradise Adopting A List Of Projects For Fiscal Year 2024/2025 Funded By SB1:
The Road Repair And Accountability Act Of 2017.”
Background:
On April 28, 2017, Governor Brown signed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, increasing per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees with inflationary adjustments to tax rates in the future for the purpose of addressing road maintenance, rehabilitation, and roadway safety needs. The State Controller will deposit portions of the new funding into the Road Maintenance & Rehabilitation Account (RMRA), which will be apportioned by formula to eligible cities and counties. Funds are anticipated to apportion to cities and counties beginning January 2018.
SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs and, therefore, requires cities and counties to provide basic RMRA project reporting to the California Transportation Commission (CTC). Per the program’s requirements, jurisdictions are required to submit a project list to the CTC with locations, schedule, and estimated useful life of the project before they can receive RMRA funds.
Analysis:
The Town is required to submit a proposed project list for the 2024/2025 Fiscal Year to the CTC by July 1, 2024 in order to receive RMRA funds. The Town will continue to receive apportionments monthly. The League of California Cities estimates that the Town of Paradise will receive $233,965 of RMRA funds in the 2024/2025 Fiscal Year.
Due to the Camp Fire, the fiscal year 2024/2025 revenues from SB 1 are proposed to be used for ongoing maintenance of public roadways.
The Town will report any use of SB 1 revenues within the 2024/2025 Fiscal Year, as well as update the project in the annual Expenditure Report, that is due to the Commission by December 1st, each year.
39 Financial Impact:
The Town of Paradise anticipates receiving $233,965 of RMRA funds in the 2024/2025 fiscal year. The funds must be utilized to repair, rehabilitate, or maintain roadways within the Town.
Attachments:
A. Resolution
B. 2024/2025 Projected Revenues
40 TOWN OF PARADISE
RESOLUTION NO. 2024-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the Town must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town will receive and estimated $233,965 in RMRA funding in Fiscal Year 2024/2025 from SB 1; and
WHEREAS, this is the seventh year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate 100 miles of our publicly owned roadways, which in light of the 2018 Camp Fire are in need of additional repairs and improvements; and
41 TOWN OF PARADISE
RESOLUNTION NO. 2024-__
2 WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the Town’s streets and roads are in an at higher risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a at lower risk condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices will have significant positive co-benefits statewide.
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Paradise, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with fiscal year 2024/2025 Road Maintenance and Rehabilitation Account revenues:
Town Transportation Related Infrastructure Repair and Rehabilitation Due to the Camp Fire, the fiscal year 2024/2025 revenues from SB 1 are proposed to be used for ongoing maintenance of public roadways. The recommended strategy for the Town is to hold all transportation funding revenues until the Town’s repair efforts can be properly planned. The project schedule will be July 1, 2024- June 30, 2025 and the estimated useful life for ongoing maintenance work is 1-2 years.
The Town will report any use of SB 1 revenues within the 2024/2025 Fiscal Year, as well as update the project in the annual Expenditure Report, that is due to the Commission by December 1
st, each year.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Ronald Lassonde, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
42 ATTACHMENT B
Local Streets and Roads - Projected FY2024-25 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated January 2024 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct
ALAMEDA COUNTY
ALAMEDA 489,302 699,876 274,171 668,698 7,500 2,139,548 2,017,062 4,156,609 ALBANY 139,189 199,089 81,426 190,220 5,000 614,925 573,781 1,188,705 BERKELEY 787,459 1,126,346 438,313 1,076,170 10,000 3,438,288 3,246,160 6,684,448 DUBLIN 460,720 658,993 258,436 629,636 7,500 2,015,284 1,899,234 3,914,518 EMERYVILLE 78,776 112,678 48,168 107,659 3,000 350,281 324,741 675,022 FREMONT 1,427,417 2,041,713 790,622 1,950,759 10,000 6,220,511 5,884,271 12,104,783 HAYWARD 1,017,934 1,456,007 565,194 1,391,145 10,000 4,440,279 4,196,251 8,636,530 LIVERMORE 544,425 778,722 304,517 744,031 7,500 2,379,195 2,244,296 4,623,491 NEWARK 294,637 421,435 167,004 402,661 6,000 1,291,737 1,214,588 2,506,325 OAKLAND 2,689,062 3,846,313 1,485,184 3,674,967 10,000 11,705,525 11,085,176 22,790,701 PIEDMONT 69,899 99,980 43,281 95,526 3,000 311,685 288,144 599,829 PLEASANTON 495,051 708,099 277,336 676,555 7,500 2,164,541 2,040,760 4,205,301 SAN LEANDRO 564,031 806,765 315,311 770,825 7,500 2,464,431 2,325,117 4,789,548 UNION CITY 434,806 621,928 244,170 594,222 7,500 1,902,626 1,792,412 3,695,038
ALPINE COUNTY
AMADOR COUNTY
AMADOR 1,242 1,776 5,675 1,697 1,000 11,389 5,118 16,508 IONE 54,943 78,588 43,511 75,087 2,000 254,129 226,492 480,621 JACKSON 31,482 45,030 26,981 43,024 2,000 148,518 129,779 278,297 PLYMOUTH 6,637 9,493 9,476 9,070 1,000 35,675 27,358 63,033 SUTTER CREEK 16,408 23,470 16,361 22,424 1,000 79,663 67,641 147,304
BUTTE COUNTY
BIGGS 12,354 17,671 12,326 16,884 1,000 60,236 50,929 111,165 CHICO 666,728 953,657 410,969 911,174 10,000 2,952,528 2,748,466 5,700,994 GRIDLEY 46,860 67,026 33,347 64,040 2,000 213,273 193,171 406,444 OROVILLE 123,736 176,987 80,180 169,103 4,000 554,006 510,081 1,064,087 PARADISE 56,756 81,181 39,376 109,980 2,000 289,292 233,965 523,258
CALAVERAS COUNTY
ANGELS CAMP 22,666 32,421 29,025 30,977 1,000 116,089 93,438 209,527
COLUSA COUNTY
COLUSA 39,907 57,081 20,687 54,538 2,000 174,212 164,508 338,720 WILLIAMS 34,567 49,444 18,562 47,241 2,000 151,814 142,498 294,312 Highway Users Tax Acct (HUTA)(1) Streets & Highways Code TOTAL 12 January 2024 CaliforniaCityFinance.com Page 1 of 16 43
Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 2(e)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Implementation Contracts for Phase 2 of the Category 4 Tree Removal Program
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Approve the attached Professional Services Agreements and authorize the Town Manager to execute the contract upon full Category 4 Tree Removal Program approval by FEMA and CalOES.
a. Biological Surveying and Monitoring Contract with Mountain Engineering. b. Archaeological Surveying and Monitoring Contract with Mountain Engineering. c. Tribal Monitoring Contract with the Mechoopda Indian Tribe of Chico Rancheria.
d. Tribal Monitoring Contract with the Mooretown Rancheria. e. Tribal Monitoring Contract with the Enterprise Rancheria.
Background:
The Town of Paradise has been working alongside FEMA and CalOES since 2019 on the funding and implementation of the Category 4 Tree Removal Program. In 2022, Phase 1 of the program was approved and implemented. Town Staff procured arborist services and opened the program to applicants. 574 properties enrolled in the program were assessed and had over 12,000 eligible trees identified for removal upon approval of Phase 2 of the program.
The Town has completed all actions in Phase 1 of the Category 4 Tree Removal Program, and we continue to wait on completion of all environmental requirements by all the involved agencies in order to receive approval to move forward with Phase 2 removal of trees. We anticipate approval being granted in the coming weeks and we are preparing to move forward immediately.
Town Staff have been working with management partners, the Butte Fire Safe Council (BCFSC), to have all aspects of the project ready to begin without additional delays as soon as approval is provided by FEMA and CalOES. BCFSC has been working on the logistical plans as well as procuring contracts that were under their responsibility. Town Staff has been reaching out to property owners with all paperwork and required authorizations to allow immediate work to commence upon approval.
.
44 Analysis:
Town staff has been working with FEMA and CalOES for a number of years on this project. As part of that process all monitoring and surveying requirements have been established through the FEMA/CalOES environmental process. This process has resulted in the creation of Biological Surveying and Monitoring Plans, Archeological Surveying and Monitoring Plans, Tribal Surveying and Monitoring Plans and a Project Specific Programmatic Agreement guiding all aspects of the project. The Town is required to follow and establish all protocols as a part of the impending approval of Phase 2 actions.
As a result, we have been working to procure necessary contracts that will be executed upon full approval of the project.
Biological Surveying and Monitoring Contract:
RFP #C4BIO2024 was posted on February 29, 2024
Questions were received and an RFP addendum was posted on March 14, 2024 The RFP was closed on March 26, 2024 with 9 proposals submitted. The average cost of the received proposals was $346,256.10.
All proposals were scored by our review team consisting of Town of Paradise and BCFSC Staff.
After scoring, two proposals were identified as the top proposals received and moved forward to an interview presentation.
After the interview presentation, the review team unanimously chose Mountain Engineering (Folsom, CA) for the award of the contract based on their experience, history of working in Paradise, project plan and understanding of the project needs. The contract will be for the Not-to-Exceed (NTE) amount of $266,622.33.
Archaeological Surveying and Monitoring Contract:
RFP #C4ARCH2024 was posted on February 29, 2024
Questions were received and an RFP addendum was posted on March 14, 2024 The RFP was closed on March 26, 2024 with 10 proposals submitted. The average cost of the received proposals was $295,591.12.
All proposals were scored by our review team consisting of Town of Paradise and BCFSC Staff.
After scoring, one proposal was determined to be the clear top proposal received and moved forward to an interview presentation.
After the interview presentation, the review team chose Mountain Engineering (Folsom, CA) for the award of the contract based on their experience, history of working in Paradise, project plan and understanding of the project needs. Additionally, awarding both the Biological Surveying Contract and the Archaeological Surveying Contract to the same contract will increase efficiency, limit the number of program managers involved and reduce costs overall.
The contract will be for the Not-to-Exceed (NTE) amount of $230,380.00.
Tribal Monitoring Contracts:
Local tribes (Mechoopda, Enterprise, and Mooretown) have been involved in the environmental process since the beginning of the project. We have worked with our FEMA 45 Tribal Liaison to make sure all Tribal needs and monitoring requirements were addressed.
Through that process, each of the tribes worked with FEMA and Town Staff to develop cost estimates for all required monitoring and surveying. o The contract with the Mechoopda Indian Tribe of Chico Rancheria will be for the Not-to-Exceed (NTE) amount of $229,080.
o The contract with the Enterprise Rancheria will be for the Not-to-Exceed (NTE) amount of $225,653.80.
o The contract with the Mooretown Rancheria will be for the Not-to-Exceed (NTE) amount of $363,038.
Financial Impact
All funding for Phase 2 of the Category 4 Tree Removal Program has been secured with 75% being provided by FEMA/CalOES HMGP Funds and 25% being provided by a CalFire CCI Grant.
All contracts being presented for approval fall within the budget categories already allocated within the grants. The only financial impact to the Town will be the task of managing cash flow between expenditure and reimbursement timing.
Attachment:
1. Standard Contract Template
46 Attachment 1: Professional Service Contract Greater than $25,000 PROFESSIONAL SERVICE CONTRACT GREATER THAN $25,000
This Contract, dated as of the last date executed by the Town of Paradise is between the Town of Paradise, a municipal corporation of the State of California, hereinafter referred to as “TOWN”, and the professionalservice contractorindicated in the variable information table below, hereinafterreferred to as “CONTRACTOR.”
VARIABLE INFORMATION TABLE
Term of This Contract
Term Begins Term Completion Date
On Following Date On Following Date
Town Department
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $ Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed Price $ √ if Reasonable Expenses are authorized in addition to Hourly Rate CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR Project Manager
Address Address
City, State & ZIP City, State & ZIP
Telephone Telephone
Email Email
WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and
47 WHEREAS, CONTRACTOR possesses the necessary qualifications to perform the work described herein; NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the attachments, in descending order, as indicated below:
Attachment 1 – Terms and Conditions (including Professional Services Contract) Attachment 2 – Regulatory Compliance Requirements for Expense Contracts Attachment 3 – Certification Regarding Debarment
Attachment 4 - Non-Lobbying Certification
Attachment 5 – Terms and Conditions
Attachment 6 – INSURANCE REQUIREMENTS
Attachment 7 – PROFESSIONAL CREDENTIALS
Attachment 8 – Scope of Work
By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment I – “Terms and Conditions” and/or the Attachment II – “Standard Insurance Requirements.”
_________________________________ _______________________________________ ________________ Typed or Printed Name Signature Date
This Contract and the above listed Attachments represent the entire undertaking between the parties.
TOWN: CONTRACTOR:
By: By:
Date Date:
REVIEWED FOR CONTRACT POLICY COMPLIANCE REVIEWED AS TO FORM:
By:
48 Attachment 2: Regulatory Compliance Requirements for Expense Contracts Expense contracts; Regulatory Compliance Requirements
All Town contracting shall comply with 2 CFR, Part 200 and legislation for the regulation of labor, safety and environmental protection, emergency preparedness and advisories, and any other codified criteria including but not limited to the following as relevant to this Contract:
1. Remedies:
Contractor Performance and the Breach Thereof
The Town may terminate this Contract and isrelieved of the payment of any consideration to the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. The Contractor shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the Town shall notify the Contractor of the breach and thereby the termination of this Contract. In the event of such termination, the Town may proceed with the work in any manner deemed proper by the Town. The cost to the Town shall be deducted from any sum due the Contractor under this agreementand the balance, if any, shall be retained by the Town.
Termination for Cause and Convenience
In the event the Contractor failsto perform in accordance with the terms of this Contract within the time specified, if any, or a reasonable time after placement of this order, the Town Treasurer may by written notice, cancel this Contract and may hold the Contractor liable for any damage caused the Town by reason of failure to perform in accordance with these conditions.
It is agreed by the parties to this Contract that in case all the work called for under the Contract in all parts and requirements is not finished or completed within the time period as set forth in this Contract, damage will be sustained by the Town of Paradise, and that it is and will be difficult or impossible to ascertain and determine that actual damage which the Town will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the Town the sum of one hundred dollars ($100) per calendar day for each and every working days’ delay in finishing the work in excess of the time period prescribed; and the Contractor agreesto pay said liquidated damagesasherein provided, and in case the same isnot paid, agrees that the Town may deduct the amount thereof from any money due or that may become due the Contractor under this Contract or any other Contract between the Town and the Contractor.
2. Equal Employment Opportunity. As provided under 41 CFR § 60-1.4(b) Key Definitions
49 Federally Assisted Construc2on Contract. The regula2on at 41 C.F.R. § 60-1.3 defines a "federally assisted construc2on contract" as any agreement or modifica2on thereof between any applicant and a person for construc2on work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee, or any applica2on or modifica2on thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself par2cipates in the construc2on work.
Construc2on Work. The regula2on at 41 C.F.R. § 60-1.3 defines "construc2on work" as the construc2on, rehabilita2on, altera2on, conversion, extension, demoli2on or repair of buildings, highways, or other changes or improvements to real property, including facili2es providing u2lity services. The term also includesthe supervision, inspec2on, and other onsite func2ons incidental to the actual construc2on.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orienta2on, gender iden2ty, or na2onal origin. The Contractor will take affirma2ve ac2on to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orienta2on, gender iden2ty, or na2onal origin. Such ac2on will include, but not be limited to the following: Employment, upgrading, demo2on, or transfer; recruitment or recruitment adver2sing; layoff or termina2on; rates of pay or other forms of compensa2on; and selec2on for training, including appren2ceship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, no2ces to be provided seSng forth the provisions of this nondiscrimina2on clause. Tribal Indian preference policies when contrac2ng with Indian Tribes does not apply to this sec2on.
(2) The Contractor will, in all solicita2ons or adver2sements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considera2ons for employment without regard to race, color, religion, sex, or na2onal origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant hasinquired about, discussed, or disclosed the compensa2on of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the 50 compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have accessto such information, unless such disclosure isin response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, 51 including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The Contractor further agreesthat it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The Contractor agreesthat it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevantorders of the Secretaryof Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant, and refer the case to the Department of Justice for appropriate legal proceedings.
3. Copeland “Anti-Kickback” Act
The Copeland “Anti-Kickback'' Act (40 U.S.C. 3145) provides that the Town and the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency.
52 (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require; and, also a clause requiring the subcontractors to include these clausesin any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses.
4. Compliance with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3701– 3708
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(1) of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damagesshall be computed with respect to
(3) each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wagesrequired by the clause set forth in paragraph (1) of this section.
(4) Withholding for unpaid wages and liquidated damages. The Town shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be 53 withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(5) Safety requirements. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (6) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clausesset forth in paragraphs (1) through (5) of this section.
5. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Town or the Contractor wishes to enter into a contract with a small business firmor nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the Town or the Contractor must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. (1) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 54 6. Clean Air Act and the Federal Water Pollution Control Act The Contractor and the Town agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Clean Air Act
(1) The Contractor agreesto comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agreesto report each violation to Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agreesto include these requirementsin each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulationsissued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agreesto report each violation to Town and understands and agrees that Town will, in tum, report each violation as required to assure notification to the Cal OES, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agreesto include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.
7. Energy Efficiency
(1) Contractor will comply with all standards and policies relating to energy efficacy which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
8. Suspension and Debarment
The Town does not employ vendors or contractors who are listed on the National World Wide Web Site System for Award Management (sam.gov) by Federal General Services Administration 55 (GSA) for the purpose of disseminating information on parties that are debarred from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR
9.404, and each agency's codification of the Common Rule for Non-procurement suspension and debarment.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at
(2) 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(3) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (4) This certification is a material representation of fact relied upon by the Town. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(5) The bidder or proposer agreesto comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions."
9. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 56 APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) the Contractor will use the following certification:
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for allsub-awards at alltiers(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification isa prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who failsto file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor certifies or affirmsthe truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agreesthat the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official: _______________________________________ Name and Title of Contractor's Authorized Official:____________________________________ 57 10. Procurement of Recovered Materials
In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired-
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program . The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensiveprocurement-guidelines-construction-products ."
11. Additional FEMA Requirements
Changes
Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing,signed by the parties hereto in accordance with TOWN Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.
Access to Records
The following access to records requirements shall apply to this Contract:
(1) The Contractor agrees to provide Cal OES, the Town, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agreesto permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the Contract.
12. Department of Homeland Security (DHS) Seal, Logo and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. 58 13. Compliance with Federal Law, Regulations, and Executive Orders Thisis an acknowledgement that FEMA financial assistance will be used to fund the Contractonly.
The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
14. No Obligation by Federal Government.
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.
15. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remediesfor False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.
By execution of this CONTRACT including this Attachment 1 the Contractor certifies that compliance with all the stated regulatory requirements as stipulated and where action is appropriate and required as a means of compliance, shall endeavor in good faith to conform to regulations and in no way are they connected to any federal, state or local debarment proceedings.
59 1.1. Attachment 3: Debarment Certification
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification isrequired by the regulationsimplementing Executive Orders 12549 and 12689, 2 C.F.R part 180, Debarment and Suspension, and 2 C.F.R. § 200.213. Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION,
READ INSTRUCTIONS ON PAGES TWO AND THREE BELOW)
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participantis unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Firm Name: ______________________________________
Name and Title of Authorized Representative: ______________________________________ Signature of Authorized Representative: ______________________________________ Date: ______________________________
60 1.2. Attachment 4: Non-Lobbying Certification
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out on page one.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may contactthe person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
61 CERTIFICATION REGARDING LOBBYING
The undersigned [insert name] certifies, to the best of his or her knowledge, that:
No Federalappropriated funds have been paid or will be paid, by or on behalf ofthe undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officeror employee of Congress, oran employee of aMemberof Congressin connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shallrequire that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that allsub-recipients shall certifyand disclose accordingly.
This certification is a materialrepresentation of fact upon which reliance was placed when thistransaction wasmade orentered into. Submission ofthis certification is a prerequisite formaking orentering into this transaction imposed by 31,U.S.C. § 1352 (as amended by theLobbyingDisclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor, , certifies or affirmsthe truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31U.S.C. § 3801 et seq., apply to this certification and disclosure, ifany.
Signature of Contractor’s Authorized Official: ___________________________________________ Name and Title of contractor’s AuthorizedOfficial: __________________________________________ Date:_______________________________
62 ATTACHMENT 5
TERMS AND CONDITIONS
1. Scope of Work. The work to be undertaken is iden2fied in the aVached “A8achment III-Scope of Work” which is made a part of this Contract.
2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable informa2on table, but shall not exceed the Not-to-Exceed Price if included in the variable informa2on table. Reasonable expenses if authorized and specified in addi2on to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable informa2on table. Payment shall be made a]er the Project Manager or designee reviews and approves the work and a]er submiVal of an invoice by the CONTRACTOR. Expenses and or materials if s2pulated shall be paid only upon prior approval and with receipts and only a]er review and authoriza2on by the Project Manager.
3. Town Project Manager. The TOWN Project Manager or designee for this undertaking who will receive payment invoices and answer ques2ons related to the coordina2on of this undertaking is iden2fied above in the variable informa2on table.
4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own supervision and direc2on and is not a representa2ve or employee of TOWN nor is the CONTRACTOR a partner or in any way directly affiliated with the TOWN. CONTRACTOR agrees to file tax returns, report compensa2on and pay all applicable taxes on amounts paid pursuant to this Contract.
5. Ownership. The TOWN retains the exclusive right of ownership to the work, products, inven2ons and confiden2al informa2on produced for the TOWN by the CONTRACTOR, and the CONTRACTOR shall not disclose any informa2on, whether developed by the CONTRACTOR or given to the CONTRACTOR by the TOWN. The par2es agree that the TOWN will own the work, products, inven2ons or informa2on produced by the CONTRACTOR pursuant to this Contract. All Tribal and Archeological discovery informa2on and data discovered during tribal monitoring of projects is exempt from this provision.
6. ConfidenJality. The CONTRACTOR shall comply as follows and in accordance with the required performance of this contract:
a. All applica2ons, records, data or any informa2on concerning any individual made or kept by any public office, officer or department obtained by the CONTRACTOR in the performance of du2es or as a consequence of performing said du2es, shall be the confiden2al property of the TOWN and shall not be communicated, transmiVed, reproduced or in any other way conveyed to any person not directly a party to this contract, its terms and condi2ons in accordance with all applicable laws and regula2ons including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any implica2ons thereof including destruc2on of records or data as appropriate under compliance criteria.
b. No person will publish or disclose or permit or cause to be published or disclosed any data, facts, figures, list of persons or any other form of informa2on obtained by the CONTRACTOR in the performance of du2es or as a consequence of performing said du2es. No person shall publish, disclose, or use or permit, or cause to be published, disclosed or used any confiden2al informa2on pertaining to any individual or group of individuals obtained by the CONTRACTOR in the performance of du2es or as 63 a consequence of performing said duties.
c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the above provisions and that any person knowingly and inten2onally viola2ng the provisions of this clause is guilty of a misdemeanor. CONTRACTOR shall bear equal responsibility for any viola2on of the provisions of this paragraph.
d. CONTRACTOR agrees and understands that if confiden2al informa2on concerning any individual made or kept by any public office, officer or department is obtained by the CONTRACTOR and included on any memory device that may be housed in a computer, or other device (such as a “PDA”) may become subject to Federal HIPAA requirements and/or any state or local regula2ons that apply which could result in surrender of the hard drive, sani2za2on or the destruc2on thereof in accordance with Department of Defense (DoD) 5220.22-M standard and/or industry standards current to 2me of the release of the equipment which ever represents the greatest level of (permanent) informa2on destruc2on. At the very least, at the end of this contract, CONTRACTOR may be required to s2pulate to the fact that no such files exist. All Tribal and Archeological discovery informa2on and data discovered during tribal monitoring of projects is exempt from this provision.
7. TerminaJon. This Contract may be terminated by either the TOWN or CONTRACTOR by a thirty (30)- day wriVen no2ce. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date of termina2on.
Notwithstanding anything stated to the contrary herein, this Contract shall expire on the Comple2on Date indicated in the above Variable Informa2on Table unless the Comple2on Date is modified by wriVen amendment to this Contract.
8. IndemnificaJon. CONTRACTOR agrees to accept responsibility for loss or damage to any person or en2ty, and to defend, indemnify, hold harmless and release the TOWN, its officers, agents and employees from and against any and all ac2ons, claims, damages, disabili2es or expenses that may be asserted by any person or en2ty, including CONTRACTOR, to the extent arising out of or in connec2on with the negligent acts or omissions or willful misconduct in the performance by CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the TOWN, but excluding liability due to the ac2ve negligence or willful misconduct of the TOWN. This indemnifica2on obliga2on is not limited in any way by any limita2on on the amount or type of damages or compensa2on payable to or for CONTRACTOR or its agents under worker’s compensa2on acts, disability benefit acts, or other employee benefits acts. CONTRACTOR shall be liable to TOWN for any loss of or damage to TOWN property arising out of or in connec2on with CONTRACTOR’s negligence or willful misconduct.
9. Right to Monitor/Audit and Associated Liability. It being understood by the par2es hereto that the TOWN’s funding source herein may be TOWN, State and/or Federal appropria2on, and therefore CONTRACTOR is responsible for administering the program as described herein, CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any audit of this project which may be deemed appropriate or required in compliance with TOWN, State or Federal mandates and to reimburse the TOWN for any liability upon the TOWN for any discrepancy resultant from said audit excep2ons or for any liability that result from a breach of contract, misrepresenta2on or inaccuracy.
10. Record RetenJon and Availability. CONTRACTOR shall maintain and preserve all records related to this agreement in its possession (or will assure the maintenance of such records in the possession of any third party performing work related to this agreement) for a minimum period of three (3) years from the effec2ve date of this agreement, or un2l all State and/or Federal audits are complete, whichever is later. Upon request, CONTRACTOR shall make available copies of these records to TOWN, State or Federal Governments’ personnel, including but not limited to the State Auditor General. In the event that this contract is related to a FEMA grant record reten2on shall be three years from the date of the Grant Close-out leVer. 64 11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by CONTRACTOR, CONTRACTOR’s agents, representatives, employees and subcontractors. At the very least, CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment II to this Contract.
12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with TOWN Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.
13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge, proficiency and expertise to perform as herein stipulated and warrants that the credentials presented herein Attachment VI are authentic, current and duly granted.
14. Contractor’s Standard of Care. TOWN has relied upon the professional ability, experience, and credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract.
CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR’s work by TOWN shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the TOWN.
15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Town Manager. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the provision of services or personal property or incurring of expenses,the cumulative total of which, exceedsthe amount prescribed by Government Code Section 25502.5 for personalservices contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works contracts.
16. Termination for Exceeding Maximum Term. Contracts exceeding the five-year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term exceedsfive years. Amendments to this Contract, or new Contracts for essentially the same purpose, shall not be valid beyond the five-year limitation unless duly executed by the Chair of the Board of Supervisors.
17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules and regulations including, without limitation, and not limited to any nondiscrimination laws. Specifically, the CONTRACTOR by executing this agreement stipulates and certifiesthat as an individual or as an entity, complies in good faith as well as all actions the following regulatory requirements at least but not limited to:
a. Non-discrimination with regard to minority, women, and disabled veteran-owned business enterprises; hiring practices on the basis of race, color or national origin, gender, handicaps or age. b. Environmental protection legislation and in particular regarding clean air and water, endangered species, handling or toxic substances and the public right to know. 65 c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act and Public Health Service Act
d. National Labor Relations Board Public Contract Code 10296. e. Domestic Partners – Public Contract Code 10295.3.
f. ADA 1990 42 USC 12101 et seq.
18. Applicable Law and Forum. This Contract shall be construed and interpreted according to California law and any action to enforce the terms ofthis Contract for the breach thereofshall be brought and tried in the Superior Court of the County of Butte.
19. Contractor Performance and the Breach Thereof. The TOWN may terminate this agreement and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end ofthe 30 days, if remedy is not made or does not satisfy the default, the TOWN shall notify the CONTRACTOR of the breach and thereby the termination of this contract. In the event of such termination, the TOWN may proceed with the work in any manner deemed proper by the TOWN. The cost to the TOWN shall be deducted from any sum due the CONTRACTOR under this agreement and the balance, if any, shall be retained by the TOWN.
20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Contract, these Attachment I TERMS AND CONDITIONS shall prevail.
21. No Delegation Or Assignment. Provider shall not delegate, transfer or assign its duties or rights under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale, merger, change of control, operation of law or otherwise, without the prior written consent of TOWN and any prohibited delegation or assignment shall render the contract in breach. Upon consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflectthe transfer and successor to CONTRACTOR. TOWN will not be obligated to make payment under the Agreement until such time that the amendment is entered into.
22. Conflict of Interest. CONTRACTOR and CONTRACTOR’S employees shall have no interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this contract. a. This contract is entered into by TOWN upon the expressrepresentation that CONTRACTOR has no other contracts in effect with TOWN except as described on Exhibit “A” hereto attached. Exhibit “A” is hereby made part of this contract by it reference herewith and hereby subjugated to these General Terms and Conditions (Attachment I).
b. CONTRACTOR understands and will adhere to the TOWN’s policy that no contracts shall knowingly be issued to any current TOWN employee or his/her immediate family or to any former TOWN employee or his/her immediate family until two years after separation from employment, without notifying the Director of the Department of Human Resources in writing:
Director of Human Resources
5555 Skyway
Paradise, CA 95969
66 c. CONTRACTOR stipulates by execution of this contract that they have no business or other interest that provides any conflict with the interest of the Town of Paradise in the matters of this agreement.
CONTRACTOR recognizesthat it is a breach of ethics to not disclose any interest that may be a conflict to the TOWN for the advice of Town Attorney on the matter prior to executing this contract.
23. Canon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of and on behalf of the Town of Paradise and its constituents in all matters, honest, fair, prudent and diligent as dictated by reasonable standards of conduct for their profession.
24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole separate from and even if any part hereof the agreement is deemed to be invalidated.
25. No Implied Waiver. In the event that The TOWN at any point ignores or allows the CONTRACTOR to break an obligation under the agreement, it does not mean that TOWN waives its future rights to require the CONTRACTOR to fulfill those obligations.
26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part of the contract constitutes the entire agreement between these parties. 67 EXHIBIT “A”
Acknowledgement of OTHER TOWN Contracts
List any and all contractsthat you have with TOWN agencies. If none, you must stipulate “none.” This cannot be left blank or omitted from the contract.
68 ATTACHMENT 6
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
*Please provide a copy of Attachment II to your insurance agent.
Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. Before the commencement of work Contractor shall submit Certificates of Insurance and Endorsements evidencing that Contractor has obtained the following forms of coverage:
A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.
1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.
2. Personal Lines automobile insurance shall apply if vehicles are individually owned, with limits no less than $100,000 per person, $300,000 each accident, $50,000 property damage. 3) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.) 4) Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
69 1) The Town of Paradise, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respectto liability arising out of work or operations performed by or at the direction of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used). 2) For any claims related to this contract, Contractors insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall be excess of Contractors insurance and shall not contribute with it. 3) Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Town.
C. WAIVER OF SUBROGATION: Contractor hereby grants to Town a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsementthat may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.
The Workers’Compensation policy shall be endorsed with a waiver of subrogation in favor of the Town for all work performed by the Contractor, its employees, agents and subcontractors.
D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town. The Town may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Town.
E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.
F. VERIFICATION OF COVERAGE: Contractor shall furnish Town with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Town reservesthe right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
70 G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
H. SUBCONTRACTORS: Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. If subcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the Town certificates of insurance and endorsements before beginning work under this contract.
I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage fora minimum of five(5) years aftercompletionof contract work. 4) A copy of the claims reporting requirements must be submitted to the Town for review. 71 ATTACHMENT 7
PROFESSIONAL CREDENTIALS
The CONTRACTOR herein presents the required and essential credentials for performance of this contract and warrants them to be authentic, current and duly granted.
List required and essential credentials which will be available in the contract file and may or may not be hereto attached and which may be but are not limited to:
Professional Degrees
Licenses
Certifications
Bonds
72 ATTACHMENT 8
Scope of Work
Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below:
At (fill in the appropriate point) prior to the end of the contract term an assessment may be made of the value of the professional services herein delineated and thus far received. At the conclusion of the assessment, it may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the remaining payments may be withheld up to 20% of the contract. The assessment may determine that there is additional work to be amended to this scope of work. In the event of an amendment, the CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with TOWN Policy and Procedure. Otherwise, pertaining to this contract’s scope of work it is the CONTRACTOR’s responsibility to remain within the term and amount of the contract. If the terms and/or conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way without fully executed amendment, the CONTRACTOR may not be reimbursed.
NOTE: If detail rate schedules or other documents are appropriate to the Scope of Work and separate from this Attachment III they must be stipulated in this Attachment by specific reference and thereby made part of this contract, labeled accordingly (Attachment III, ExhibitA,(or whatever the appropriate specific reference), etc.). They must also be included in the pagination of this contract. Consequently, it is necessary to scan them into the body of the contract where pagination control can make them inclusive.
Duties and obligations of the CONTRACTOR:
Since this is a professional service contract, this is the appropriate point in the contract to stipulate any subjective expectation that may be implied by their profession but once explicated become performance elements of the contract.
State all specific elements of the contract for which specific payment due as objectively as possible. Whether contract is based on hourly, daily, weekly, monthly rates; flat rate for deliverables; project milestone incremental payments; charges for use of particular (i.e., therapeutic) equipment or implements; any reports, criteria and schedule
If expenses are allowed, specify what is reasonable and/or reimbursable AND always state that expenses(unless per diem) must be preapproved and accompanied by receipts. There should be a cap to the expenses.
If “materials” are required, specify what they will (or might be) and some approximation not to exceed amount.
Unless the materials are provisions of the “house” of the contractor, they will require receiptsto be presented with invoice stipulating their charge.
State any circumstances under which no payment will be made.
State if payments are contingent on specific delineation on the invoice(s) such as coding or regulatory designated description.
Recommend that rates be laid out in table format if possible for clarity and ease of processing payments.
State specifically that payments stipulated are the Contractor’s only compensation.
Duties and obligations of the TOWN:
73 TOWN’s obligations may be:
o Town reserves the right to award more than one contract, if desired. o Make any relevant notification promptly
o Provide data promptly
o Provide schedules or set up meetings or respond to presentation of information promptly o Pay upon provision as herein stipulated and after presentation of appropriate receipts and/or invoice. o If possible avoid stipulating payment within specific period. If absolutely necessary state no less than 30 days and 60 days is not atypical.
o Town does not pay interest or penalties.
74 Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 5(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. Adopt Town Resolution No. 2024-___, “A Resolution of the Town Council of the Town of Paradise Authorizing the Execution of an Amended and Restated Franchise Agreement with Northern Recycling and Waste Services for Solid Waste, Recycling, and Organics Collection Services for the Town of Paradise, Subject to the Approval of the Town Attorney.” (ROLL CALL VOTE)
Background:
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 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 may be extended for an additional three years, 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 April 22, 2024, after 5 ½ years of rebuilding, NRWS serves 3,514 single family homes, 376 multi-family units, and 431 commercial accounts within the Town with projected annual revenues of $2.4M which equates to 38% 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 75 $29.4M and insurance recovery was $1.1M. PG&E settlement funds were used to help offset the revenue deficits through 2023.
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: ($264,411)
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 were 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 an operating ratio methodology with maximum annual increases (located in the attached proposed Exhibit E Rate Adjustment Methodology).
At the December 12, 2023 Council meeting the Town Council adopted Resolution 2023-60, a notice of intent to adopt an amended and restated franchise agreement with increased service fees and a change in the service rate methodology.
Analysis:
There are two main areas of amendments to the franchise agreement being proposed for adoption:
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”.
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 76 (SB 1383) for when those services commence in 2024; no later than September 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: ($264,411)
Considering this, NRWS has proposed a revised rate methodology (how annual rate adjustments are calculated) going from the CPI to an Operating Ratio with a maximum annual increase.
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 is 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 77 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 amended 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
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 extended target deadline for the Town to implement organics collection is September 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 78 with Butte County Environmental Health Division about the process 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 $32.57 $49.55
07/2028 (5%) $49.18 $43.08 $43.08 $65.53
07/2032 (5%) $59.78 $52.35 $52.35 $79.65
07/2036 (2.5%) $65.98 $57.79 $57.79 $87.91
07/2040 (2.5%) $72.83 $63.79 $63.79 $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 majority protest.
During the first week of March 2024, more than 45 days prior to the scheduled hearing, 11,592 Prop 218 notices were sent out based on the latest equalized tax roll received from the Butte County Assessor. The notice explained the proposed rate increases and directed customers/owners to the Town’s website for more detailed information. The notice also detailed how the proposal could be protested by submitting a protest letter to the Town Clerk by the close of the scheduled public hearing. As of May 3, 2024, twelve (12) qualifying protest notices from the public have been received and 57 notices were returned, unable to forward.
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. 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 maximum annual increases in effect.
79 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.
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 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.
80 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 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 81 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).
Financial Impact:
If adopted, the amended and restated franchise agreement will realize additional General Fund revenues from the franchise fees collected as part of the agreement.
Attachments:
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).
Resolution No. 2024-___, “A Resolution of the Town Council of the Town of Paradise Authorizing the Execution of an Amended and Restated Franchise Agreement with Northern Recycling and Waste Services for Solid Waste, Recycling, and Organics Collection Services for the Town of Paradise, Subject to the Approval of the Town Attorney”.
Resolution Exhibit A – Proposition 218 notice.
Resolution Exhibit B – Proposed amended and restated franchise agreement with exhibits. 82 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% CPI 3.05% FIXED 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 $ 1.20 $ 48.33 $ 7.81
95 Gal $ 45.21 $ 1.34 $ 53.92 $ 8.71
35 Gal CARE Rate (PG&E Approved) $ 27.31 $ 0.81 $ 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 Multi-Family (5+ units) $ 27.31 $ 0.81 $ 32.57 $ 5.26 35 Gal $ 32.47 $ 0.96 $ 49.55 $ 17.08
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 $ 52.96
All 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 Amt 1xweek $ 101.59 $ 3.01 $ 155.02 $ 53.43
2xweek $ 156.99 $ 4.65 $ 239.55 $ 82.56
3xweek $ 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 Yard
1xweek $ 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
10.45% Organics surcharge will be
added when Organics collection
starts, no later than September
2024
83 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88% CPI 3.05% FIXED 8%
2024
JULY - DEC
2024
JAN - JUNE
Commercial - 2 Yard
1xweek $ 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 Yard
1xweek $ 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 Yard
1xweek $ 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 $ 347.59
5xweek $ 810.40 $ 23.99 $ 1,236.61 $ 426.21
6xweek $ 959.77 $ 28.41 $ 1,464.54 $ 504.77
Commercial - 6 Yard
1xweek $ 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 $ 350.37
4xweek $ 860.97 $ 25.48 $ 1,313.78 $ 452.81
5xweek $ 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
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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 8% FIXED 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
$ 35.18 $ 2.61 $ 37.99 $ 2.81
$ 53.51 $ 3.96 $ 57.79 $ 4.28
$ 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
85 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 8% FIXED 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
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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 8% FIXED 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
$ 41.03 $ 3.04 $ 43.08 $ 2.05
$ 62.41 $ 4.62 $ 65.53 $ 3.12
$ 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
87 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 8% FIXED 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
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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 5% FIXED 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
$ 45.23 $ 2.15 $ 47.49 $ 2.26
$ 68.81 $ 3.28 $ 72.25 $ 3.44
$ 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
89 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 5% FIXED 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
90 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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 5% FIXED 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
$ 49.86 $ 2.37 $ 52.35 $ 2.49
$ 75.86 $ 3.61 $ 79.65 $ 3.79
$ 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
91 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 5% FIXED 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
92 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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 2.5% FIXED 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
$ 53.66 $ 1.31 $ 55.00 $ 1.34
$ 81.64 $ 1.99 $ 83.68 $ 2.04
$ 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
93 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 2.5% FIXED 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
94 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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 2.5% FIXED 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
$ 56.38 $ 1.38 $ 57.79 $ 1.41
$ 85.77 $ 2.09 $ 87.91 $ 2.14
$ 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
95 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 2.5% FIXED 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
96 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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 2.5% FIXED 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
$ 59.23 $ 1.44 $ 60.71 $ 1.48
$ 90.11 $ 2.20 $ 92.36 $ 2.25
$ 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
97 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 2.5% FIXED 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
98 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 Organic Toter Sizes
35 Gal Multi-Family (5+ units)
35 Gal
65 Gal
95 Gal
95 Gal (2)
All Commercial Customers will be charged an additional fee per month to support the Town's Ve Fee: $ 4.35
Town of Paradise Commercial Dumpsters Include: (Recycle & Organics ) Commercial - 1 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 1.5 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
FIXED 2.5% FIXED 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
$ 62.23 $ 1.52 $ 63.79 $ 1.56
$ 94.67 $ 2.31 $ 97.04 $ 2.37
$ 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
99 Town of Paradise Rates
Increase with AB1383 Included with overall increase of 18.88%
Commercial - 2 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 3 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 4 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Commercial - 6 Yard
1xweek
2xweek
3xweek
4xweek
5xweek
6xweek
Debris Box
All Boxes
FIXED 2.5% FIXED 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
100
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
101
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
102
TOWN OF PARADISE
RESOLUTION NO. 2024-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING THE EXECUTION OF 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) FOR THE TOWN OF PARADISE, SUBJECT
TO THE APPROVAL OF THE TOWN ATTORNEY
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, 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 WHEREAS, on December 12, 2023, the Town Council authorized that a notice be mailed to all the property owners or ratepayers of Northern Recycling and Waste Services pursuant to the procedures set forth in California Constitution Article XIIID section 6 (Proposition 218) for solid waste collection fees, including new organics collection fees; and WHEREAS, between March 4, 2024 and March 7, 2024, the notice attached as Exhibit A was mailed to all property owners or ratepayers of Northern Recycling and Waste Services; and WHEREAS, on May 14, 2024, the Town Council held the protest hearing as set forth in the March 2024 notice. The Town Clerk counted all the protest ballots received before the conclusion of the public hearing and determined that all protest ballots received did not constitute a majority of the property owners and ratepayers; and
WHEREAS, after compliance with all public notice and protest hearing requirements under Proposition 218, the Town Council desires to amend, restate and approve the exclusive solid waste handling franchise with Northern Recycling & Waste Services for thirteen (13) years through July 1, 2040.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise, as follows:
SECTION 1. The above recitals are true and correct.
103
TOWN OF PARADISE
RESOLUTION NO. 2024-_____
SECTION 2. The Town Council finds that: 1. The public heath, safety, and well-being require the Town to enter into an exclusive franchise agreement relating to the collection and handling of solid waste services within the Town’s jurisdiction; 2. all the revenue derived from the fees therefore will not exceed the funds required to provide such services; and 3. it is necessary to implement organics collection to comply with State law.
SECTION 3. The Town Manager is directed and authorized to execute the Amended and Restated Franchise Agreement with Northern Recycling & Waste Services attached as Exhibit B for refuse collection, recycling, and organics collection services, including the new services rates, within the Town of Paradise, subject to the approval of the Town Attorney.
SECTION 4. Pursuant to California Environmental Quality Act (CEQA) Guideline section 15308, the Amended and Restated Franchise Agreement is exempt from the requirements of CEQA as a regulation for the protection of the environment relating to collection and disposal of solid waste.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14 th day of
May 2024, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
__________________________
Ronald Lassonde, Mayor
ATTEST:
___________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
___________________________
Scott E. Huber, Town Attorney
104
NOTICE CONCERNING PROPOSED SOLID WASTE &
RECYCLING RATE ADJUSTMENTS AND PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on May 14, 2024, at 6:00 p.m., a public hearing will be held at the Town of Paradise Town Council Chambers located at 5555 Skyway, Paradise, CA 95969 to consider proposed adjustments to the Town’s solid waste rates and charges in addition to extending the franchise agreement with Northern Recycling & Waste Services (NRWS) to July 1, 2040. If approved by the Town Council, the proposed rate adjustments will go into effect on July 1, 2024, and will be subject to annual maximum adjustments. The Town of Paradise is subject to Proposition 218 and is required by law to charge its customers no more than the cost of providing solid waste and related services. Proposition 218 also contains specific notice and protest procedures for approving any increase in solid waste service rates. You are receiving this notice pursuant to the requirements of Proposition 218.
WHY RATE ADJUSTMENTS ARE NECESSARY
All towns and cities in the State, including Paradise, face stringent solid waste legislation under State Senate Bill 1383 (SB 1383). These regulations aim to reduce methane emissions in landfills which are the third largest source of methane in California. For Town residents and businesses to remain in compliance with this State Law, new organic waste services are necessary, none of which are funded by the State. Therefore, these services must be funded through an increase in the solid waste rates charged by the Town’s franchised waste hauler.
SB 1383 mandates that California reduce organic waste disposal in landfills by 75% by January 1, 2025. Organic waste like food scraps, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills. As a result, green/yard waste and food waste will be diverted from disposal in landfills and taken to a facility that can process mixed organics and produce recovered organic waste products such as compost, mulch, and renewable energy. SB 1383 also requires that by 2025, jurisdictions recover 20% of edible food that would otherwise be sent to landfills to feed people in need.
In addition to SB 1383, the current solid waste rates are not sufficient to maintain services for the reduced post-Camp Fire population being served. Rates were originally structured in 2007 when the Town’s population was 26,160 residents. While the proposed rate increases will not make NRWS’s operations in Paradise profitable for many years, it will reduce the annual financial losses to a level that can be sustained in the short term while the customer base continues to grow.
PROPOSED SOLID WASTE RATES
The proposed maximum rates (Rates) for solid waste collection services will be considered by the Town as part of an amendment to the franchise agreement for solid waste services between the Town of Paradise and NRWS. The amended agreement will ensure the Town will be in compliance with the State’s SB 1383 requirements to implement organic waste recycling programs that includes a residential food waste recycling program.
The Town will additionally be considering a change in rate methodology for future annual rate adjustments, moving away from CPI (Consumer Price Index) to an Operating Ratio of .905. An Operating Ratio methodology adjusts rates, upwards and downwards, as necessary to meet a minimum Revenue Requirement. The Revenue Requirement includes the actual cost of providing services plus an operating margin. The initial annual increases using the Operating Ratio could range anywhere from 28% in 2024 up to 84% in 2030 so a maximum annual rate increase is also proposed to be enacted which would be 8% per year for years 2024-2027, 5% per year for years 2028-2032, and 2.5% per year for years 2033-2040. If approved, the initial rates would go into effect July 1, 2024 and adjust annually each July 1st, but never more than the maximum annual rate increase allowed for that year.
No later than September 1, 2024, NRWS will begin the curbside collection of organic waste from residential and commercial customers at which time the rates shown in Table 1 on page 2, only shown in 4-year intervals, will be in effect. If, between July 1, 2024 and August 31, 2024, there are no organic waste collection services available yet, then the rates shown in Table 2 on page 2, only shown in 4-year intervals, will be in effect which do not include charges for organics collection. The entire proposed rate schedule, showing all annual rate adjustments, can be viewed on the Town’s website at https://www.townofparadise.com/planning/page/solid-waste. For more information regarding the State’s SB 1383 unfunded mandate please visit CalRecycle’s website at https://www.calrecywcle.ca.gov/organics/slcp.
EXHIBIT A
105
Table 1. Proposed Monthly Rates with Organics Collection for 35-gal Services
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
Table 2. Proposed Monthly Rates without Organics Collection for 35-gal Services
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
PUBLIC HEARINGAND PROTEST PROCEEDINGS
Property owners, as defined under Proposition 218, or NRWS customers may protest the proposed rate adjustment in writing prior to or during the public hearing. Consistent with the provisions of Proposition 218 and Government Code Section 53755, this notice has been mailed to all record owners of the affected properties at the addresses as they appear on the latest equalized assessment roll, and all Paradise customers of NRWS. If you are a property owner as defined under Proposition 218, or a customer, and object to the proposed rates as described in this Notice, you may file a written protest with the Town prior to close of the public hearing. Original written protests can be mailed or personally delivered to the Town Clerk as follows:
Town Clerk, Town of Paradise
5555 Skyway
Paradise, CA 95969
A valid written protest must include:
1. The name of the person or entity filing the protest; and
2. Identification of the property by either assessor’s parcel number or street address; and
3. A statement of protest (“I/we protest” will suffice); and
4. The original signature of the person or authorized representative filing the protest (photocopies, electronic mail, electronic copies, e-comments, or facsimiles will not be accepted).
5. Corporations, LLCs, Trusts, etc. should include proof of signatory authority.
Please note that only one protest per parcel will be counted as a single vote, regardless of the number of owners or customers. If there are two record owners, both must sign the written protest. If there are more than two owners, the protest must be signed by a majority of the owners. Multiple protests returned for a single property will be disallowed and the Town Clerk will only accept one protest per property. If you have any questions regarding this Notice or the proposed rate adjustments, please email Community Development Director Susan Hartman at [email protected].
Town of Paradise
5555 Skyway
Paradise CA 95969
106
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
107
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.............................................................................................22 108
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.................................................................65 109
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. .......................................................................................................................77 110
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 111
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, 112
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:
80 113
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
114
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 115
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
116
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.
117
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.). 118
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 119
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
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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
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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 122
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 123
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 124
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 125
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 twenty126 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
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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 128
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. 129
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.
130
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
132
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
133
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
134
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
135
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 136
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. 137
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 138
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 139
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
140
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. 141
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 142
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 143
33 1338 environmental liabilities and clean-up costs associated with known contamination at 1339 the facility.
1340
1341
144
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
145
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
146
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 147
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
148
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. 149
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 150
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 151
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.
152
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
153
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:
154
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, 155
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 156
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
157
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 158
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 159
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
160
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 161
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).
162
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
163
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 164
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 165
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
166
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
167
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
168
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 169
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
170
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 171
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 172
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.
173
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
174
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 175
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
176
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
177
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
178
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 179
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 180
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
181
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
182
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
183
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
184
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
185
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
186
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. 187
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
188
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 ___________________________
189
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 13 190
1 2
3 4
5 6
7 8 EXHIBIT A
9 10 Definitions
11 191
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).
39 192
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.
193
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. 194
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.
195
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,
196
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 197
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 198
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. 199
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.
200
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. 201
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 202
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. 203
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.
38 204
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. 13 205
EXHIBIT B
Town Facilities /
Special Events
206
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
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EXHIBIT C
Contractor Public Education Plan
208
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
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• 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 210
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
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EXHIBIT D
Payments to Town
212
EXHIBIT D
PAYMENTS BY CONTRATOR
1. Franchise Fees
Contractor shall pay a monthly Franchise Fee using the following %’s:
Town of Paradise 7%
213
EXHIBIT E
Rate Adjustment
Methodology
214
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
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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.
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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 $ -
217
EXHIBIT F
Solid Waste Collection
Rate Schedule
218
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
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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
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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 (1st 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 221
EXHIBIT G
Notary Certification
222
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:
223
EXHIBIT H
SB 1383 Compliance Programs
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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.
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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 226
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,
227
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 228
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.
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Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 5(b)
ORIGINATED BY: Susan Hartman, Community Development Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Town Council Consideration of an Interim Urgency Ordinance Enacting a Moratorium on Residential-Type Land Uses in the CB Zoning District
LONG TERM
RECOVERY PLAN:
Yes – Tier 2 Economic Development Strategy & Walkable
Downtown
COUNCIL ACTION REQUESTED:
1. Consider waiving the first reading of Town Ordinance No.635 and read by title only, and,
2. Adopt Town Urgency Ordinance No. 635, “An Interim Urgency Ordinance of the Town Council of the Town of Paradise Enacting a Moratorium on the Establishment of Single-Family Residence, Two-Family Residence, and Multiple-Family Residence Land Uses Within the Central Business Zoning District”; or,
3. Provide alternative direction to town staff.
Background:
On April 22, 2024, the Town Council conducted a public hearing at a special council meeting to discuss the zoning in the downtown and the potential impacts of the continued construction of residential land uses on the Town’s vision for a revitalized and walkable commercial downtown district.
At the conclusion of the hearing, the Town Council gave direction to staff to prepare an urgency ordinance for a moratorium on residential-type land uses in the Central Business (CB) Zoning District to be brought back to the regularly scheduled May 14, 2024, council meeting.
Analysis:
Development standards for the Town’s downtown is currently guided by the adopted standards of the Central Business (CB) zoning district which provides for a mix of commercial and residential land uses such as single-family homes and multi-family developments.
As the Town continues to move forward with the sewer, which will expand commercial opportunities in the downtown, an updated downtown master plan, and updated General Plan, it is important that residential-type development be temporarily suspended in the Central Business zone while the Town studies the best areas in the downtown to focus its revitalization efforts on.
At Town Council’s request, staff and legal counsel have prepared an interim urgency ordinance 230
that would place a moratorium on single-family, two-family, and multi-family housing in the CB zone for 45 days. As an urgency zoning ordinance, the moratorium would take effect immediately.
To adopt the urgency ordinance, a four-fifths vote of the Council is required under Government Code section 65858. Thereafter, a noticed public hearing would be held within 45 days to consider extending the urgency zoning ordinance up to an additional 10 months and 15 days, so that Town staff can study and make recommendations regarding zoning regulations concerning future land uses in the downtown.
Financial Impact:
The cost of the publication of the ordinance or ordinance summary within the local newspaper will be borne by the Town.
Attachments:
Public hearing notice of the May 14, 2024, Town Council meeting mailed to all landowners within the Central Business Zoning District
“Town Ordinance No._____, “An Interim Urgency Ordinance of the Town Council of the Town of Paradise Enacting a Moratorium on the Establishment of Single-Family Residence, Two-Family Residence, and Multiple-Family Residence Land Uses Within the Central Business Zoning District.”
231
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, May 14, 2024 at 6:00 p.m., or as soon thereafter as possible, in the Town Hall Council Chambers, 5555 Skyway, Paradise, California, regarding the following matter:
Interim Urgency Ordinance Moratorium – The Town Council will hold a public hearing to consider an interim urgency ordinance that would temporarily place a moratorium on singlefamily, two-family, and multiple-family land uses in the Central Business Zoning District (downtown). As an urgency ordinance, the moratorium would take effect immediately. To adopt an urgency ordinance, a four-fifths vote of the Council is required under Government Code section 65858. Thereafter, a noticed public hearing would be held within 45 days to consider extending the urgency ordinance up to an additional 10 months and 15 days, so that Town staff can study and make recommendations on whether or not it is necessary to adopt permanent regulations regarding residential-type land uses in the Central Business District in conjunction with updating its Downtown Master Plan and General Plan.
You are receiving this notice because Butte County Assessor information shows you are a landowner of property located within the Central Business Zoning District.
Susan Hartman
Planning Director
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TOWN OF PARADISE
ORDINANCE NO. ______
AN INTERIM URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF PARADISE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF
SINGLE-FAMILY RESIDENCE, TWO-FAMILY RESIDENCE, AND MULTIPLE-FAMILY RESIDENCE
LAND USES WITHIN THE CENTRAL BUSINESS ZONING DISTRICT
The Town Council of the Town of Paradise, State of California does hereby ORDAIN AS FOLLOWS:
SECTION 1. Findings. The Town Council finds and declares as follows:
a) Paradise Municipal Code section 17.20.200 lists, in pertinent part, as follows:
Multiple-Family Residence – permitted with a Site Plan Review Permit Single-Family Residence – permitted with an Administrative Permit Two-Family Residence – permitted with a Site Plan Review Permit b) The purpose of the Town’s Central-Business zoning district, as enumerated in Chapter
17.20 of the Paradise Municipal Code, is to provide for commercial retail and service uses, public uses, professional and administrative office uses, and multiple-family residential uses.
c) The Town’s 2019 Long-Term Community Recovery Plan (LTRP) and 2022 LTRP Update both list the Walkable Downtown, as part of a revitalized downtown, as a community priority Tier 1 project.
d) The Town’s Building Division has issued five single-family residential rebuild permits post-Camp Fire in the Central Business zone.
e) The continued issuance of single-family, two-family, and multiple-family residential building permits in the Central Business zone may create a barrier to the redevelopment of a walkable commercial downtown and negatively impact the Town’s commercial business recovery.
f) California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health and welfare, the Town Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with “a contemplated general plan, specific plan, or zoning proposal that the Town Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time.” g) Consistent with the above authority, and in response to conditions and evidence of 233
TOWN OF PARADISE
ORDINANCE NO. ____
2 which it has become aware, the Town Council desires to adopt a moratorium on the permitting of the residential-type land uses within the Central Business zone to allow for evaluation of whether the existing Town regulation concerning such uses are sufficient to protect the public health, safety, and welfare, and to ensure adequate compatibility of such uses and their surrounding land uses, particularly on sensitive land uses such as residential neighborhoods and schools; and
h) Based on all the foregoing findings, the Town Council finds that there is a current and immediate threat to the public health, safety and welfare relating to incompatible land use and environmental impacts on residents in the Central Business zone and that the continued construction of single-family, two-family, and multi-family housing in the Central Business zone would result in that threat to the public health, safety and welfare of the Town’s residents.
i) To study whether or not it is necessary to adopt regulations relating to the permanent removal of single-family and multi-family land uses in the downtown, it is in the public interest to thoroughly study all the aspects of this subject matter before any additional housing is installed within the Central Business zoning district.
SECTION 2. Definitions. For the purpose of this ordinance, the following terms shall have the following meanings:
a) “Multiple-family residence” shall mean use of a site for three (3) or more dwelling units, within one or more buildings, including units intended for individual ownership together with common areas or facilities.
b) “Single-family residence” shall mean use of a site for only one primary dwelling and its allowed accessory uses, or for one primary dwelling and one secondary dwelling and allowed accessory uses.
c) “Two-family residence” shall mean use of the site for two (2) dwelling units, either in the same building or in separate buildings, except when one of the dwelling units is a secondary dwelling.
SECTION 3. Prohibitions. During the term of this interim urgency ordinance, no person shall cause or permit the establishment, development, or construction of any single-family, twofamily, or multiple-family residence within the Central Business zoning district.
SECTION 4. Report. Staff is directed to conduct a study concerning feasibility and timeframe to 234
TOWN OF PARADISE
ORDINANCE NO. ____
3 update the Town’s downtown master plan and to issue a written report describing such, at least 10 days prior to the expiration of this ordinance.
SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court or competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the ordinance, which can be given effect without the invalid provision or application thereof.
SECTION 6. Urgency, Duration and Publication. This ordinance is adopted by the Town Council pursuant to the California Constitution, article XI, section 7 and Government Code section 65858 by a four-fifths or greater vote, as an urgency measure to protect the public health, safety and welfare, and shall take effect immediately. The reasons for such urgency are set forth in Section 1 above. This ordinance shall expire and be of no further force or effect 45 days after its adoption, unless it is extended by the Town Council pursuant to California Government Code section 65858.
Before the expiration of 15 days after the adoption of this ordinance, it shall be published once, with the names of the members of this Council voting for or against the same in a newspaper of general circulation published in the Town of Paradise.
PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this 14th day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Ronald Lassonde, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ _________________________________ Scott E. Huber, Town Attorney Dina Volenski, Town Clerk 235
Town of Paradise
Council Agenda Summary
Date: May 14th, 2024
Agenda Item: 5(c)
ORIGINATED BY: Eric Reinbold, Chief of Police
Scott Huber, Town Attorney
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Receive Report Related to Use of “Military Equipment” as Defined in Paradise Municipal Code
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct the duly noticed and scheduled public hearing to solicit public input related to the use of “military equipment” by the Paradise Police Department as defined by the Paradise Municipal Code; and,
2. Consider approving the updated Military Equipment policy for Paradise Police Department. (ROLL CALL VOTE)
3. Approve the continued use and renewal of Ordinance No. 615. (ROLL CALL VOTE)
Background:
In early 2022, the Town of Paradise adopted an ordinance and policy which allowed the Paradise Police Department (PPD) to use “military equipment” as defined in Government Code sections 7070 through 7075. These sections of the Government Code also require a public agency that utilizes “military equipment” to provide an annual report on the ownership and use of such equipment. The Council will receive the report. In addition, the Council will consider the approval of the updated Military Equipment policy. The Town Council will also conduct a public hearing related to the report.
Analysis:
Items deemed to be “military equipment” by Government Code sections 7070 through 7075 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Town of Paradise Police Department.
The term “military equipment” in fact does not necessarily indicate equipment that has been used by the military. Pursuant to Government Code sections 7070 through 7075, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. 236
PPD is committed to using the most up to date tools and equipment to safeguard the citizens of the Town of Paradise. Some of the items deemed to be “military equipment” by Government Code sections 7070 through 7075 are utilized by PPD, and LEAs across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The items listed in the Military Equipment Use Policy, also provide PPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.
An annual report is required pursuant to Government Code sections 7070 through 7075. The report is required to include the following items:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
The Council will receive the “military equipment” use report and will consider approval of modifications to the Military Equipment Policy, which is attached. Strikeouts from the current policy appear in red strikethrough text and additions appear in blue underlined text.
Financial Impact:
None at this time. Requests for acquisitions of new equipment will come to Council separately.
Attachments:
Amended Military Equipment Use Policy
Annual Report on Military Equipment Use
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Policies and
Procedures
708
Paradise Police Department
Law Enforcement Services Manual
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Military Equipment
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the policy of the Paradise Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Paradise Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Cheif of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Paradise Police Department:
MILITARY USE EQUIPMENT – Current Inventory
(a) Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost (a) REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 7. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of Deescalation. 242
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Military Equipment
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 3 (b) 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 300.
A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.
The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations
(d) Lifespan
(a) Remington 870 Less Lethal Shotgun- 25 years. Super Sock Round- No listed expiration date.
(e) Fiscal Impact
(a) Annual maintenance is approximately $50 for each shotgun. (f) Training
(a) All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training.
(g) Legal and Procedural Rules
(a) Use is established under PPD Policy 308.9, 308.10, and 308.11. It is the policy of the PPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(b) Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. 243
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Military Equipment
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 4 (a) Description, quantity, capabilities, and purchase cost (a) DEFENSE TECHNOLOGY, 8901SC FLASH-BANG, cost: $45, quantity:
11. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
(b) DEFENSE TECHNOLOGY, 1082 CS GRENADE, cost: $30, quantity: 12.
The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.
(b) Purpose
(a) To produce a4tmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. (c) Authorized Use
(a) Diversionary Devices shall only be used:
(a) By officers who have been trained in their proper use. (b) In hostage and barricaded subject situations.
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
(d) During other high-risk situations where their use would enhance officer safety.
(e) During training exercises.
(d) Lifespan
(a) Until used.
(e) Fiscal Impact
(a) No annual maintenance.
(f) Training
(a) Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.
(g) Legal and Procedural Rules
(a) Use is established under Paradise Police Policy 408. It is the policy of the PPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 244
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Military Equipment
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 5 (c) Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. (a) Description, quantity, capabilities, and purchase cost (a) Colt M16A1 RIFLE, Converted to Semi-Automatic AR-15, received from military at no cost. cost: $150 to convert and outfit rifles for police use, quantity: 5. The M16 rifle, officially designated Rifle, Caliber 5.56MM. (b) Palmetto State Armory Semi-Automatic AR-15, cost: $750, for patrol use, quantity: 15, officially designated Rifle, Caliber 5.56MM (c) SPEER GOLD DOT.223 CALIBER 62 GRAIN RIFLE ROUND, cost: $260 per case of 500, quantity: 8 cases. Remington ammo made by Speer is reloadable, features nickel plated brass cases and Boxer primers and this is a non-corrosive round. The Gold Dot LE ammunition goes through a process of joining the jacket and core one molecule at a time, thanks to this Speer eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity of jacket thickness.
(d) WOLF GOLD.223 55GR RIFLE ROUND, cost: $170 per case of 1000, quantity: 2 cases. Wolf Gold 223 Remington ammo features a 55 Grain FMJ bullet, brass casing and a non-corrosive primer. This 223 Rem ammunition is 100% reloadable if you choose to save your brass and reload your 223 ammo. The Wolf Gold.223 ammo offers muzzle velocity of 3250 feet per second and muzzle energy of 1290 ft lbs. (b) Purpose
(a) To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use
(a) Only members that are POST certified are authorized to use a rifle. (d) Lifespan
(a) Colt M16A1rifle converted to semi-automatic AR-15- no expiration. (b) Palmetto State Armory AR-15 – No expiration
(e) Fiscal Impact
(a) Annual maintenance is approximately $50 for each rifle. (f) Training
(a) Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. (g) Legal and Procedural Rules
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Military Equipment
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 6 (a) Use is established under PPD Policy 312. It is the policy of the PPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
(d) Simunition Equipment (SIM): The GLOCK Training Pistols were developed with the purpose of enabling reality-based tactical operations training using color marking or plastic projectile ammunition.
(a) Description, quantity, capabilities, and purchase cost (a) FX 9mm TRAINING SIMUNITION, cost: $50 per box of 50 rounds, quantity: 50 boxes. The FX® marking cartridges, which come in six colors, are at the core of the FX® Training System known as "the world's most realistic close-range combat training system". The patented, reducedenergy, non-lethal cartridges leave a detergent-based, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in.38 cal. and 9mm and feature tactical accuracy up to 25 feet (7.6 meters). The 5.56mm is tactically accurate with ball cartridges to 100 feet (30 meters). No special ballistic facilities are required. They meet the need for a force-on-force and man-to-man training system that is realistic, effective, inexpensive, adaptable and fully portable.
(b) GLOCK 17T, cost: $500, quantity 10. These pistols use the popular FX or FOF ammunition, which are used by military and law enforcement units around the world. The Modular back strap system makes it possible to instantly customize its grip to accommodate any hand size. The reversible magazine catch makes it ideal for left and right-handed shooters. (b) Purpose
(a) To provide officers with realistic, tactical scenarios while maintaining a safe environment for training.
(c) Authorized Use
(a) Only those officers who have been trained in the use of Simunitions. (d) Training
(a) Sworn members utilizing Simunitions are trained in there use by POST certified less lethal and firearm instructors.
(e) Lifespan
(a) Simunition FX training rounds – three years
(b) Glock 17T training handgun does not expire
(f) Fiscal Impact
(a) FX Simunitions – Replacement costs when used
(b) Annual maintenance of the Glock 17T - $10 per year, per training handgun (g) Legal and Procedural Rules
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Law Enforcement Services Manual
Military Equipment
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 7 (a) Use is established under Paradise Police Policy 312.6. It is the policy of the PPD to utilize Simunitions only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(e) PepperBall Launcher: A device that discharges irritant projectiles. (a) Description, quantity, capabilities, and purchase cost (a) PepperBall FTS CARBINE, cost: $700, quantity 1. The Full Tactical Carbine (FTS) is a compressed-air powered launcher designed to fire nonlethal PepperBall projectiles. (b) PepperBall LIVE PROJECTILE, cost: $2 per projectile, quantity 90. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder. (c) PepperBall LIVE-X PROJECTILE, cost: $3 per projectile, quantity 90. The Live Projectile contains a concentrated amount of PAVA pepper powder.
One round of LIVE-X contains the equivalent to 10 PepperBall rounds.
Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. (b) Purpose
(a) To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.
(c) Authorized Use
(a) Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. (d) Training
(a) Sworn members utilizing PepperBall launchers and projectiles are trained in there use by POST certified less lethal and chemical agent instructors. (e) Lifespan
(a) PepperBall FTC Carbine- 20 years
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 8 (b) PepperBall Live Projectile- 3 years
(c) PepperBall Live-X Projectile- 3 years
(f) Fiscal impact
(a) Annual maintenance is approximately $50 for each PepperBall launcher. (g) Legal and Procedural Rules
(a) Use is established under Paradise Police Policy 308.7.2. It is the policy of the PPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.
ANNUAL PUBLIC RESPONSE
o Since the adoption of this policy, there has been no reported complaints of the department's possession and acquisition of approved military equipment.
MILITARY USE EQUIPMENT – Purchase Request
6. Unmanned Aerial Systems (UAS): Also known as drones, are used to provide an extra level of protection, service, perspective, and convenience when conducting criminal investigations, reporting traffic collisions, and search and rescue operations. (a) Description, Quantity, Capabilities, and purchase cost:
(a) DJI M30T drones, Quantity 4 1, Cost $13,500 each
(a) The DJI M30T was specifically built to serve industries and applications in public safety, inspection, search & rescue, fire response, and law enforcement. This Unmanned Aerial System (UAS) is a battery powered, remote operated device with a mounted camera, speaker, light and thermal imaging device. This UAS has proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of public safety personnel. This UAS has a flight time of 30 minutes.
DJI Mavic Mini drone, Quantity 4, Cost $1,200 each
(a) The Mavic Mini was specifically built to serve enthusiasts. This small UAS is a battery powered, remote operated device with a mounted camera and lights. This UAS has proven to be useful to public safety agencies in firefighting, search and rescue, preoperational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of public safety personnel. This UAS has a flight time of 30 minutes.
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 9 (a) Purpose:
(a) May be deployed when an aerial view would enhance situational. awareness and assist officers or incident commanders during, but not limited to, the following occurrences:
1. Arrest/Search Warrant
2. CBRNE (Chemical, Biological, Radiological, Nuclear, Explosives)
3. Crowd Control/Special Events
4. Dignitary Protection Detail
5. Disaster Management
6. Ongoing Criminal Investigation
7. Explosive Ordnance Disposal/Investigation
8. Fire
9. Forensic/Crime Scene
10. Missing Persons Investigations
11. Perimeter Search and Security
12. Search and Rescue
13. SWAT / Tactical Operations
14. Traffic Collision
15. Training
16. Public Relations/Multimedia Productions
17. Assisting outside agencies in any of the above situations
18. Assisting other Town of Paradise departments with carrying out their mission of better serving Paradise residents and visitors (b) Authorized Use:
(a) UAS may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of UAS shall not be used in the following circumstance:
1. To conduct random surveillance.
2. To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
3. To harass, intimidate, or discriminate against any individual or group. 249
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4. To conduct personal business of any type.
5. UAS shall never be weaponized.
(c) Expected Lifespan:
(a) 5 - 10 years
(d) Fiscal Impact:
(a) Annually $2,500 - $3,000 $500 - $1000 for battery replacements, / insurance, and flight/data logs.
(b) Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. (a) Description, quantity, capabilities, and purchase cost (a) Palmetto State Armory Semi-Automatic AR-15, cost: $750, for patrol use, quantity: 3, officially designated Rifle, Caliber 5.56MM (b) Purpose
(a) To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use
(a) Only members that are POST certified are authorized to use a rifle. (d) Lifespan
(a) Palmetto State Armory AR-15 – No expiration
(e) Fiscal Impact
(a) Annual maintenance is approximately $50 for each rifle. (f) Training
(a) Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. (g) Legal and Procedural Rules
(a) Use is established under PPD Policy 312. It is the policy of the PPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.
ANNUAL PUBLIC RESPONSE
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 11 o Since the adoption of this policy, there has been no reported complaints of the department's possession and acquisition of approved military equipment.
MILITARY USE EQUIPMENT – Purchase Request
No Requests for fiscal year 24/25.
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is 251
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Published with permission by Paradise Police Department ***DRAFT*** Military Equipment - 12 available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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TOWN OF PARADISE
ORDINANCE NO. 615
AN ORDINANCE ADDING SECTION 9.70 TO THE PARADISE MUNCIPAL CODE
RELATING TO MILITARY EQUIPMENT USE
SECTION 1. Findings. The Town Council of the Town of Paradise finds:
A. On September 30, 2021, the Governor of the State of California signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.
C. Assembly Bill 481 allows the governing body of a Town to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
D. The proposed military equipment use policy enacted by this Ordinance will be maintained by the Paradise Police Department.
E. The proposed military equipment use policy enacted by this Ordinance will be published prior to enactment, and will be reviewed annually by the Town Council.
F. The proposed military equipment use policy enacted by this Ordinance meets the requirements of California Government Code section 7070, subdivision (d).
SECTION 2. Chapter 9.70 of the Paradise Municipal Code is added to read as follows:
Chapter 9.70
"MILITARY EQUIPMENT" USE ORDINANCE
Sections:
9.70.010 Name of Ordinance
9.70.020 Definitions
9.70.030 Military Equipment Use Policy Requirement
9.70.040 Use In Exigent Circumstances
9.70.050 Reports on the Use of Controlled Equipment
9. 70.060 Enforcement
9.70.070 Whistleblower Protections
9. 70.080 Severability
9. 70.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance. 253
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ORDINANCE NO. 615
9. 70.020 Definitions
A. "Military Equipment" includes all of the following (pursuant to California Government Code §7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a hand held ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. laser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
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B. 11Town11 means any department, agency, bureau, and/or subordinate division of the Town of Paradise.
C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Town of Paradise Police Department.
D. "Town Council" means the governing body that is the Town of Paradise Town Council.
E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, is about to occur, or may reasonably occur in the near future.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI ofthe California Constitution.
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H. "Type" means each item that shares the same manufacturer model number.
9.70.030 Military Equipment Use Policy Requirement
A. The Paradise Police Department shall obtain approval of the Town Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the Town Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, related to the use of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the Town of Paradise.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Paradise Police Department shall commence a Town Council approval process in accordance with this section. If the Town Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to Town Council, the Paradise Police Department shall cease its use of the Military Equipment until it receives the approval of Town Council in accordance with this code.
C. In seeking the approval of Town Council, the Paradise Police Department shall submit a proposed Military Equipment Use Policy to Town Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 4 256
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ORDINANCE NO. 615
11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
G. The Town Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
9. 70.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code. Exigent Circumstances shall be determined by the Paradise Chief of Police is his or her absolute and sole discretion.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the Town Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the Town Council 5 257
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within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the Town Council.
3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
9.70.050 Reports on the Use of Military Equipment.
A. The Police Department shall submit to Town Council an annual Military Equipment Report for each type of Military Equipment approved by the Town Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The Town Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the Town Council determines that a type of Military 6 258
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Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the Town Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
9.70.060 Enforcement.
A. Remedies for Violations of this Ordinance
1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the Town or any employee unless that person or entity has first provided written notice to the Town Manager by serving the Town Clerk, regarding the specific alleged violations of this Chapter.
2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.
3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the Town's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.
4. If it is shown that the violation is the result of arbitrary or capricious action by the Town or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the Town reasonable attorney's fees in an amount not to exceed $5,000 if they are personally obligated to pay such fees.
9. 70.070 Whistle blower Protections.
All provisions of Paradise's Protection of Whistleblowers Workplace Policy, and including any updates or replacements thereto, shall apply.
9. 70.080 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.
B. The Town Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.
SECTION 3. 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.
7 259
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_OBDINANCE NO. 615
PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this 12th day of April 2022, by the following vote:
AYES: Greg Bolin, Steve "Woody" Culleton, Jody Jones, Rose Tryon and Steve Crowder, Mayor.
NOES: None
ABSENT: None
ABSTAIN: None
- ATTEST: {2_;cnJZ-- /3,.2£);2.:z_
L~~ f eUv1vi/6__,
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Steve Crowder, Mayor
DINA VOLENSKI, CMC, Town Clerk
Scott E. Huber, Town Attorney
8 260
Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(a)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Downtown Plan
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Authorize the Town Manager to enter into an agreement with Urban Design Associates (UDA) to complete an initial assessment of downtown Paradise to refine the area included in the downtown zoning urgency ordinance. (ROLL
CALL VOTE)
Background:
On April 22, 2024, Town Council held a special Council meeting to discuss a moratorium on residential building in the downtown. At that meeting, Council directed staff to proceed with the moratorium process at the May 14th Council meeting. As a result of this moratorium, residential building permit issuance is paused in the downtown Central Business District Zone for 45 days from the May 14th Council meeting.
This moratorium was intended as an urgent and temporary action to give the Town the opportunity to determine which, if any, areas of the downtown should be permanently changed to preserve the vision of the downtown which was adopted in the 2019 Long Term Community Recovery Plan.
The 2019 Long Term Community Recovery Plan was completed by Urban Design Associates (UDA), and identified 39 recovery projects which serve as the foundation of our recovery activities.
One of the projects in this plan identifies a walkable downtown, as well as supporting mom and pop businesses, and promoting diverse businesses, amenities, and events.
Analysis:
In order for Council to determine how to move forward beyond this 45-day moratorium, Town staff recommends completing an initial assessment of the downtown area to create an inventory of current conditions, as well as some analysis of what type of commercial space can be supported by the existing and projected population.
UDA has provided an initial scope of work and cost to do this work for the Town as the first phase of a larger downtown strategy that will be completed later this year. The cost and scope of the larger strategy document will be presented to Council for consideration at a later date.
Financial Impact:
UDA has provided an estimated cost of between $5,500 and $9,500 for the initial assessment.
This is an unbudgeted expense from the General Fund.
261
Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(b)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Repeal and Replace Resolution 2024-18 for CDBG DR MITPPS Application
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Discuss and consider adopting Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Repealing and Replacing Resolution No. 2024-18 and Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2023-2024 Funding Year of the State CDBG Mitigation Resilient Planning and Public Services (MIT-PPS) Program.” (ROLL CALL VOTE)
Background:
At the March 2024 Council meeting, Paradise Town Council approved Resolution 2024-18 authorizing Town Staff to submit a resolution to the CDBG DR MIT-PPS program for specified projects totaling $1.5 Million. $1.5 Million is the per-applicant maximum for this program.
Analysis:
Since the March meeting, Town staff has conferred with HCD regarding the application and recommends amending the authorizing resolution to remove projects that would likely be ineligible and include projects which are eligible and would further the Town’s recovery goals.
The project to be removed is:
1. Hazard Mitigation Program Grant Match Funding for the Residential Ignition Resistant Rehabilitation Project.
The projects to be added are:
1. Public Services
2. Early Warning Siren Devices
Public Services will allow the Town to offer grants to local organizations to provide mitigation and resilience services to Paradise residents. This program is similar to the Public Services awards the Town already makes to local organizations through our Annual CDBG Allocation, but this program will require specific mitigation activities to be eligible.
The application will also request funding to acquire additional Early Warning Siren devices to go in resident homes in order to improve audibility of siren alerts in the case of emergency. This would increase the number of devices the Town could provide, as it would be in addition to the devices provided through the FEMA HMGP project, if approved by FEMA. 262
Financial Impact:
There are no new financial impacts associated with this item. This grant program funds projects at 100% with no required match.
263
1 TOWN OF PARADISE
RESOLUTION NO. 2024-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE REPEALING AND REPLACING RESOLUTION NO. 2024-18 AND APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2023-2024 FUNDING YEAR OF THE STATE CDBG MITIGATION
RESILIENT PLANNING AND PUBLIC SERVICES (MIT-PPS) PROGRAM WHEREAS, The Town of Paradise has significant projects that need attention and funding; and
WHEREAS, The Town of Paradise would like to apply for various grants to obtain funding for some of those projects.
NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
SECTION 1: The Town Council hereby repeals Resolution 2024-18.
SECTION 2: The Town Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $ 1.5 Million for the following CDBG-MIT activities, pursuant to the 2017/2018 CDBG MIT-PPS, and MIT-RIP NOFA:
Activity Dollar Amount Being Requested for the
Activity
Long Term Community Recovery Plan Update $500,000.00
Public Services Mitigation $500,000.00
Early Warning Siren Devices $500,000.00
SECTION 3: The Town Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4: The Town Council hereby authorizes and directs the Town Manager or designee Public Works Director/Town Engineer, to execute and deliver all applications and act on its behalf in all matters pertaining to all such applications.
SECTION 5: If an application is approved, Town Manager or designee Public Works Director/Town Engineer, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
264
TOWN OF PARADISE
RESOLUTION NO. 2024-
2 SECTION 6: If an application is approved, Town Manager or designee Public Works Director/Town Engineer, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Paradise held on May 14
th 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Ronald Lassonde, Mayor
ATTEST:
____________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
____________________________
Scott E. Huber, Town Attorney
STATE OF CALIFORNIA
265
TOWN OF PARADISE
RESOLUTION NO. 2024-
3 Town of Paradise
I, Dina Volenski, Town Clerk of the Town of Paradise, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted at a duly noticed and convened meeting of said Town Council on May 14, 2024, and that such resolution has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
__________________________________________
Dina Volenski, Town Clerk of the Town of Paradise,
State of California
By: _____________________________________
Name and Title*
266
Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(c)
ORIGINATED BY: Aimee Beleu Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Updated Policy for Paradise Recovery & Operations (PRO) Funds
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Discuss and consider adopting Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Updating Policies Relating to the Paradise Recovery and Operations (PRO) Fund.” (ROLL CALL VOTE) Background:
Currently, Fund 700 holds all of the PG&E settlement funds now called the Paradise Recovery & Operations Fund. Based upon prior budget policies, 90% of the funds are reserved for sustainability of operations as the town rebuilds from the 2018 Camp Fire. 10% of the funds are set aside for “additional operational needs beyond the 25-year projection in the fiscal sustainability model, and/or to meet any potential additional match funding requirements for recovery projects, as needed.”
The language regarding the 10% set aside has caused some confusion regarding intent. Some view the funds as a future reserve while others see the funding as available for projects. Currently, of the original $21.9 million included in this 10%, $6,460,000 has been reserved for future sewer operations and $3,800,000 has been reserved for the Roe Road Phase 2 project.
A resolution will eliminate any future confusion by making it clear 10% of the original settlement is set aside for recovery projects and 90% is reserved for operational recovery, including the establishment of an emergency reserve fund. The policy states:
$21.9 million (10%) will be placed in Fund #7701 to be used exclusively for recovery projects upon appropriation of the Town Council.
$157,969,055 (80% of the original amount less what has been used already for operational support during the last three fiscal years) will remain in Fund #7700 for ongoing operational support upon appropriation of the Town Council.
$21.9 million (10%) will be placed in Fund #7702 as an Emergency Reserve Fund.
Appropriations from this fund require a 4/5 vote of the Town Council.
Analysis:
Utilizing the three separate funds increases transparency and accountability for the use of the settlement funds and removes the current ambiguity regarding the purpose of the funds.
Financial Impact:
There is no current financial impact to the separation of Fund 7700 into three funds. 267
TOWN OF PARADISE
RESOLUTION NO. 2024-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE ADOPTING PARADISE RECOVERY AND OPERATIONS FUND (PRO).
WHEREAS, the Town of Paradise received settlement funds from PG&E for damages from the 2018 Camp Fire in the net amount of $219 million now designated as the Paradise Recovery & Operations Fund (Pro Fund); and, WHEREAS, anticipating the receipt of funds, the Town Council adopted Resolution No. 20-23 designating uses of the funds; and,
WHEREAS, after the adoption of Resolution No. 20-23, the Town of Paradise created a long-term fiscal sustainability model to ensure the funding would be used in the best possible manner to meet the long-term recovery needs of the town; and, WHEREAS, as part of prior budget discussions, 90% of PRO funds were to be set aside for operations and 10% as a contingency fund “for additional operational needs beyond the 25-year projection in the fiscal sustainability model, and/or to meet any potential additional match funding requirements for recovery projects, as needed.”; and, WHEREAS, the Town Council recognizes achieving long-term sustainability requires investing in projects related to recovery and maintaining service levels that exceed annual revenues until the town rebuilds to a sufficient scale to support services; and, WHEREAS, the Town Council also wishes to maintain an emergency reserve that will only be used during an emergency as may be defined by future Town Councils; and, WHEREAS, to provide ongoing clarity, the Town Council wishes to place the current PRO funds in three specific funds.
NOW, THEREFORE BE IS RESOLVED by the Town Council of the Town of Paradise does resolve as follows:
1. $21.9 million of the original net settlement funds will be placed in Fund # 7701 for projects related to moving the Town’s recovery forward. Funds may be appropriated for specific projects by a majority vote of the Town Council. Currently, $10,460,000 has been appropriated for specific projects by Town Council action ($6,460,000 reserved for future sewer operations and $3,800,000 million for the Roe Road Phase 2).
2. 80% of the original PRO fund, less what has already been used to support operations during FY 21/22, FY 22/23 and FY 23/24, or $157,969,055, will remain in Fund #7700 to support operations as the Town recovers. These funds may be appropriated by majority vote of the Town Council to ensure continuity of town-wide municipal services.
3. $21.9 million of the original settlement funds will be placed in Fund #7702 as an Emergency Reserve Fund. Fund #7702 may be appropriated by resolution, only for emergencies as determined by the Town Council, upon a 4/5 vote of the Town Council. 268
TOWN OF PARADISE
RESOLUTION NO. 2024- ___
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14th day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________
Ronald Lassonde, Mayor
ATTEST:
_______________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
269
Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(d)
ORIGINATED BY: Aimee Beleu, Finance Director / Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: FY 2023-24 Operating and Capital Budget Update COUNCIL ACTION REQUESTED:
1. After a presentation, consider reviewing and filing the financial information provided by staff concerning the FY 2023-24 operating and capital budgets;
2. Approve staff recommended budget adjustments; and,
3. Adopt Resolution No. 2024-____ “A Resolution of the Town Council of the Town of Paradise Adopting Budget Amendments to the 2023/2024 Fiscal Year Operating Budget.” (ROLL CALL VOTE)
Background:
The fiscal year (FY) 2023-24 operating and capital budgets were adopted July 11, 2023. The General Fund was adopted with a balanced budget, which was achieved through a transfer from the PRO Settlement funds to compensate for revenue shortfalls resulting from the 2018 Camp Fire.
Currently, about 10 months of transactions have been recorded for the current fiscal year.
Revenues and expenditures from the beginning of FY 2023-24 through the end of April 2024 have been recorded and reviewed in preparation of the analysis below. Staff will continue to closely monitor costs and prepare recommended budget updates regularly to keep the Town Council and community apprised of any significant changes.
Analysis:
Revenues: The Town’s tax base revenue is currently 34% over original budget, $1,828,454.
Overall the rest of the revenues in the other categories are trending above 74% and higher.
Expenditures: Expenditures are trending at 65% of the augmented budget, and we anticipate spending the remaining budgeted expenses during the next two months and closing.
The major shift in the General Fund is a result of Program Participant allocations removed from both Revenues and Expenditures in the amount of $1,732,963, a change in program expectations of reporting. The second most impactful change is due to a shift in expense allocations for accounting purposes. The Original Budget contained General Plan Updates which were also housed in the General Plan Update Fund. Removing the $800,000 expense and revenue was appropriate, and also provides a more accurate overview of true General Fund Revenue and Expenses. The remaining changes stem from daily shifts in activities (Dispatch changes, Sheriff Dispatch Contract Changes, budgeted Measure V expenses from the prior years, and amendments approved by Council).
270
Financial Impact:
The financial impact of the changes to the General Fund are as follows:
1. Increase in tax base revenue
2. Increase in expenses not associated with General Plan or Program Participant (less than 3%)
3. Spending less than what was appropriated at budget adoption
4. Increase in Ending Fund Balance of $377,574
Program Participant
Change
General Plan Update
Change
General Fund Changes
Revenue ($1,732,963) ($800,000) $1,065,014
Expenditure ($1,732,963) ($800,000) $687,440
Impact Ending Fund Balance Effect
$0
Ending Fund Balance Effect
$0
Ending Fund Balance Increase
$377,574
271
TOWN OF PARADISE
RESOLUTION NO. 2024-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE ADOPTING BUDGET AMENDMENTS TO THE 2023/2024 FISCAL YEAR OPERATING BUDGET WHEREAS, the FY 2023/24 budget was adopted July 11, 2023; and WHEREAS, throughout the year budget modifications are needed to account for shifts in revenue and unanticipated expenditures incurred throughout the year; and WHEREAS, deviations in budget should be recorded to project current financial standing; and,
WHEREAS, the Finance Department has identified budget items in need of adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
The Town Council hereby approves the requested budget modifications for the 2023/24 budget year as presented in Exhibit “A”.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 14th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________
Ronald Lassonde, Mayor
ATTEST:
_______________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
272
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 00 Non Department Activity
Program: 0000 Non Program Activity
3110.311 - Property Tax Current Secured Amended Balance as of: 7/1/2023 $2,340,000.00 04/29/2024 2024-00001253 F1010 Revenues Property Tax $500,000.00 $0.00 $2,840,000.00 $500,000.00 $0.00 $2,840,000.00
3110.312 - Property Tax Current Unsecured Amended Balance as of: 7/1/2023 $116,500.00 04/29/2024 2024-00001253 F1010 Revenues - Property Tax Unsecured $625,014.00 $0.00 $741,514.00 $625,014.00 $0.00 $741,514.00
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $150,000.00 03/06/2024 2024-00000947 Dept 00 Abatement $141,282.00 $0.00 $291,282.00 03/06/2024 2024-00000947 Dept 00 Abatement - Remaining year $50,000.00 $0.00 $341,282.00 $191,282.00 $0.00 $341,282.00
Program: 0000 Non Program Activity Totals: $1,316,296.00 $0.00 Department: 00 Non Department Activity Totals: $1,316,296.00 $0.00 user: Aimee Beleu Pages 1 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
EXHIBIT "A"
273
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 15 Town Clerk
Program: 4100 Town Clerk
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $56,336.00 03/26/2024 2024-00001069 Town Clerk Filing Cabinet $0.00 $6,700.00 $49,636.00 $0.00 $6,700.00 $49,636.00
5304 - Furniture & Equipment Amended Balance as of: 7/1/2023 $500.00 03/26/2024 2024-00001069 Town Clerk Filing Cabinet $6,700.00 $0.00 $7,200.00 $6,700.00 $0.00 $7,200.00
Program: 4100 Town Clerk Totals: $6,700.00 $6,700.00
Department: 15 Town Clerk Totals: $6,700.00 $6,700.00
user: Aimee Beleu Pages 2 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
274
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 20 Administrative Services
Program: 4201 Central Services
5212.100 - Insurance General Amended Balance as of: 7/1/2023 $381,242.00 03/06/2024 2024-00000947 Dept 20 - Insurance $20,340.00 $0.00 $401,582.00 $20,340.00 $0.00 $401,582.00
5225 - Bank Fees and Charges Amended Balance as of: 7/1/2023 $0.00 03/06/2024 2024-00000947 Dept 20 - Bank Fees $1,032.00 $0.00 $1,032.00 $1,032.00 $0.00 $1,032.00
Program: 4201 Central Services Totals: $21,372.00 $0.00 Program: 4202 Information Technology
5304 - Furniture & Equipment Amended Balance as of: 7/1/2023 $12,000.00 03/06/2024 2024-00000947 Dept 20 - IT Firewall Replacement $11,000.00 $0.00 $23,000.00 $11,000.00 $0.00 $23,000.00
Program: 4202 Information Technology Totals: $11,000.00 $0.00 Department: 20 Administrative Services Totals: $32,372.00 $0.00 user: Aimee Beleu Pages 3 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
275
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 25 Finance
Program: 4420 Measure C/V TUT
Cost Center Activity: 345 Public Works Fleet
5305 - Vehicles Amended Balance as of: 7/1/2023 $63,000.00 04/01/2024 2024-00001104 F1010 Vehicles - Measure V PW Fleet $6,000.00 $0.00 $69,000.00 $6,000.00 $0.00 $69,000.00
Cost Center Activity: 345 Public Works Fleet Totals: $6,000.00 $0.00 Cost Center Activity: 350 Public Works Streets
5305 - Vehicles Amended Balance as of: 7/1/2023 $0.00
04/01/2024 2024-00001104 F1010 Vehicles - Measure V PW Street $147,732.00 $0.00 $147,732.00 $147,732.00 $0.00 $147,732.00
Cost Center Activity: 350 Public Works Streets Totals: $147,732.00 $0.00 Program: 4420 Measure C/V TUT Totals: $153,732.00 $0.00 Department: 25 Finance Totals: $153,732.00 $0.00
user: Aimee Beleu Pages 4 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
276
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 30 Police
Program: 4510 Police Administration
5106.100 - Incentives & Admin Leave Administrative Leave Amended Balance as of: 7/1/2023 $27,336.00 02/26/2024 2024-00000896 PD Augment F1010 Admin Leave $14,000.00 $0.00 $41,336.00 $14,000.00 $0.00 $41,336.00
5211.137 - Utilities Electric and Gas Amended Balance as of: 7/1/2023 $25,000.00 02/26/2024 2024-00000896 PD Augment F1010 Utilities $6,000.00 $0.00 $31,000.00 $6,000.00 $0.00 $31,000.00
5214.100 - Repair and Maint Service General Amended Balance as of: 7/1/2023 $41,760.00 02/26/2024 2024-00000896 PD Augment F1010 Copier, Water, Cleaning $21,516.00 $0.00 $63,276.00 $21,516.00 $0.00 $63,276.00
Program: 4510 Police Administration Totals: $41,516.00 $0.00 Program: 4520 Police Operations
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $12,200.00 02/26/2024 2024-00000896 PD Augment F1010 Drone $3,900.00 $0.00 $16,100.00 $3,900.00 $0.00 $16,100.00
5214.100 - Repair and Maint Service General Amended Balance as of: 7/1/2023 $3,500.00 02/26/2024 2024-00000896 PD Augment F1010 - Maint Services $2,100.00 $0.00 $5,600.00 $2,100.00 $0.00 $5,600.00
5220.100 - Employee Development General Amended Balance as of: 7/1/2023 $0.00 02/26/2024 2024-00000896 PD Augment F1010 - New Hires $6,437.00 $0.00 $6,437.00 $6,437.00 $0.00 $6,437.00
Program: 4520 Police Operations Totals: $12,437.00 $0.00 Program: 4530 Public Safety Communications
5101 - Salaries - Permanent Amended Balance as of: 7/1/2023 $382,868.00 02/26/2024 2024-00000896 PD Augment F1010 2 FTE $44,800.00 $0.00 $427,668.00 $44,800.00 $0.00 $427,668.00
user: Aimee Beleu Pages 5 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
277
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 30 Police
Program: 4530 Public Safety Communications
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $352,508.00 02/26/2024 2024-00000896 PD Augment F1010 Butte County Contract $36,000.00 $0.00 $388,508.00 $36,000.00 $0.00 $388,508.00
5303 - Improvements Amended Balance as of: 7/1/2023 $15,000.00 02/26/2024 2024-00000896 PD Augment F1010 - HVAC and Toilet $15,000.00 $0.00 $30,000.00 $15,000.00 $0.00 $30,000.00
5304 - Furniture & Equipment Amended Balance as of: 7/1/2023 $7,500.00 05/07/2024 2024-00001282 PD Augment - Live Scan $6,394.00 $0.00 $13,894.00 $6,394.00 $0.00 $13,894.00
Program: 4530 Public Safety Communications Totals: $102,194.00 $0.00 Department: 30 Police Totals: $156,147.00 $0.00
user: Aimee Beleu Pages 6 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
278
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 35 Fire
Program: 0000 Non Program Activity
3345.100 - State Revenues - Other Refunds & Reimbursements Amended Balance as of: 7/1/2023 $75,000.00 04/29/2024 2024-00001253 F1010 Revenues - Fire Reimbursements $0.00 $60,000.00 $15,000.00 $0.00 $60,000.00 $15,000.00
Program: 0000 Non Program Activity Totals: $0.00 $60,000.00 Program: 4630 Fire - Suppression
5305 - Vehicles Amended Balance as of: 7/1/2023 $39,000.00 04/01/2024 2024-00001104 F1010 Vehicles - Fire Suppression $48,820.00 $0.00 $87,820.00 $48,820.00 $0.00 $87,820.00
Program: 4630 Fire - Suppression Totals: $48,820.00 $0.00 Department: 35 Fire Totals: $48,820.00 $60,000.00
user: Aimee Beleu Pages 7 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
279
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 40 Community Development
Program: 4720 CDD Planning
3910.628 - Transfers In From Gen Plan Fee Amended Balance as of: 7/1/2023 $800,000.00 04/29/2024 2024-00001253 F1010 Revenues - General Plan Reversal $0.00 $800,000.00 $0.00 $0.00 $800,000.00 $0.00
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $800,000.00 04/29/2024 2024-00001253 F1010 Expense - General Plan Reversal $0.00 $800,000.00 $0.00 $0.00 $800,000.00 $0.00
Program: 4720 CDD Planning Totals: $0.00 $1,600,000.00
Department: 40 Community Development Totals: $0.00 $1,600,000.00 user: Aimee Beleu Pages 8 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
280
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 45 Public Works
Program: 4205 Disaster Recovery
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $0.00 04/01/2024 2024-00001107 PW Augment F1010 - Sierra West $13,000.00 $0.00 $13,000.00 04/01/2024 2024-00001107 PW Augment F1010 - Northstar $40,000.00 $0.00 $53,000.00 $53,000.00 $0.00 $53,000.00
Program: 4205 Disaster Recovery Totals: $53,000.00 $0.00 Program: 4740 Public Works - Engineering
5101 - Salaries - Permanent Amended Balance as of: 7/1/2023 $442,847.00 04/29/2024 2024-00001253 F1010 & F2105 Wage Reduction $0.00 $100,000.00 $342,847.00 $0.00 $100,000.00 $342,847.00
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $60,000.00 04/01/2024 2024-00001107 PW Augment F1010 - Contracts $36,000.00 $0.00 $96,000.00 04/29/2024 2024-00001253 F1010 Mark Thomas $80,000.00 $0.00 $176,000.00 $116,000.00 $0.00 $176,000.00
5218.100 - Advertising General Amended Balance as of: 7/1/2023 $2,200.00 04/01/2024 2024-00001107 PW Augment F1010 - Personnel Advertising $3,300.00 $0.00 $5,500.00 $3,300.00 $0.00 $5,500.00
5305 - Vehicles Amended Balance as of: 7/1/2023 $75,200.00 04/01/2024 2024-00001104 F1010 Vehicles - PW Engineering $6,387.00 $0.00 $81,587.00 $6,387.00 $0.00 $81,587.00
Program: 4740 Public Works - Engineering Totals: $125,687.00 $100,000.00 Department: 45 Public Works Totals: $178,687.00 $100,000.00 user: Aimee Beleu Pages 9 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
281
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 1010 General Fund
Department: 65 Emergency Mngmt & Disaster Recov
Program: 4205 Disaster Recovery
3903.100 - Program Participants Miscellaneous Amended Balance as of: 7/1/2023 $1,750,000.00 04/29/2024 2024-00001253 F1010 Revenues - Program Participants Reversal $0.00 $1,732,963.00 $17,037.00 $0.00 $1,732,963.00 $17,037.00
5213.100 - Professional/Contract Services General Amended Balance as of: 7/1/2023 $298,577.00 04/01/2024 2024-00001108 65 F1010 - Contract Services $1,400.00 $0.00 $299,977.00 04/01/2024 2024-00001108 65 F1010 - Airport Allocation $25,000.00 $0.00 $324,977.00 $26,400.00 $0.00 $324,977.00
5910.105 - Transfers Out To Camp Fire Recovery Projects Amended Balance as of: 7/1/2023 $1,732,963.00 04/29/2024 2024-00001253 F1010 Expense - Cat 4Tree Program Participant $0.00 $970,553.00 $762,410.00 04/29/2024 2024-00001253 F1010 Expenses - Residential Ignition $0.00 $723,070.00 $39,340.00 04/29/2024 2024-00001253 F1010 Expenses - Defensible Space $0.00 $39,340.00 $0.00 $0.00 $1,732,963.00 $0.00
Program: 4205 Disaster Recovery Totals: $26,400.00 $3,465,926.00 Department: 65 Emergency Mngmt & Disaster Recov Totals: $26,400.00 $3,465,926.00 Fund Totals: General Fund $1,919,154.00 $5,232,626.00
user: Aimee Beleu Pages 10 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
282
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 2030 Building Safety & Waste Wtr Svcs
Department: 40 Community Development
Program: 4730 Building and Onsite Inspections
5201.100 - Office Supplies General Amended Balance as of: 7/1/2023 $2,000.00 02/26/2024 2024-00000894 CDD Augment F2030 $1,000.00 $0.00 $3,000.00 $1,000.00 $0.00 $3,000.00
5203.100 - Repairs and Maint Supplies General Amended Balance as of: 7/1/2023 $20,500.00 02/26/2024 2024-00000894 CDD Augment F2030 $0.00 $1,000.00 $19,500.00 $0.00 $1,000.00 $19,500.00
5210.100 - Postage General Amended Balance as of: 7/1/2023 $1,500.00 02/26/2024 2024-00000894 CDD Augment F2030 $1,500.00 $0.00 $3,000.00 $1,500.00 $0.00 $3,000.00
5211.137 - Utilities Electric and Gas Amended Balance as of: 7/1/2023 $45,600.00 02/26/2024 2024-00000894 CDD Augment F2030 $0.00 $1,500.00 $44,100.00 $0.00 $1,500.00 $44,100.00
Program: 4730 Building and Onsite Inspections Totals: $2,500.00 $2,500.00 Department: 40 Community Development Totals: $2,500.00 $2,500.00 Fund Totals: Building Safety & Waste Wtr Svcs $2,500.00 $2,500.00 user: Aimee Beleu Pages 11 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
283
Account G/L Date Journal Description Increases Decreases Amended Balance Fund: 2105 Disaster Recovery Projects
Department: 65 Emergency Mngmt & Disaster Recov
Program: 4205 Disaster Recovery
3910.010 - Transfers In From General Fund Amended Balance as of: 7/1/2023 $1,732,963.00 04/29/2024 2024-00001253 F2105 - Revenue F1010 Cat 4 Trees $0.00 $970,553.00 $762,410.00 04/29/2024 2024-00001253 F2105 - Revenue F1010 Residential Ignition $0.00 $723,070.00 $39,340.00 04/29/2024 2024-00001253 F2105 - Revenue F1010 Defensible Space $0.00 $39,340.00 $0.00 $0.00 $1,732,963.00 $0.00
7312 - Category 4 Tree Removal Amended Balance as of: 7/1/2023 $3,882,212.00 04/29/2024 2024-00001253 F2105 - Cat 4 Trees $0.00 $970,553.00 $2,911,659.00 $0.00 $970,553.00 $2,911,659.00
7313 - Residential Ignition Resistant Program Amended Balance as of: 7/1/2023 $2,892,279.00 04/29/2024 2024-00001253 F2105 - Residential Ignition $0.00 $723,070.00 $2,169,209.00 $0.00 $723,070.00 $2,169,209.00
7316 - Defensible Space Code Enforcement Amended Balance as of: 7/1/2023 $157,358.00 04/29/2024 2024-00001253 F2105 - Defensible Space $0.00 $39,340.00 $118,018.00 $0.00 $39,340.00 $118,018.00
Program: 4205 Disaster Recovery Totals: $0.00 $3,465,926.00 Department: 65 Emergency Mngmt & Disaster Recov Totals: $0.00 $3,465,926.00 Fund Totals: Disaster Recovery Projects $0.00 $3,465,926.00 Grand Totals: $1,921,654.00 $8,701,052.00
user: Aimee Beleu Pages 12 of 12 Tuesday, May 7, 2024
Budget Amendments Report
TOWN OF PARADISE
From Date: 7/1/2023 - To Date: 5/31/2024
284
Account Classification Adopted Budget
Budget
Amendments Amended Budget
Current Month
Transactions
YTD
Encumbrances
YTD
Transactions
Budget - YTD
Transactions
% Used/
Rec'd Prior Year Total
GOVERNMENTAL - Governmental Funds
Revenue
010 - Taxes $5,456,000.00 $1,125,014.00 $6,581,014.00 $0.00 $0.00 $7,284,454.91 ($703,440.91) 111% $6,408,633.00 020 - Licenses and Permits $333,000.00 $0.00 $333,000.00 $0.00 $0.00 $244,944.10 $88,055.90 74% $522,052.08 030 - Fines, Forfeitures and Penalties $22,800.00 $0.00 $22,800.00 $0.00 $0.00 $16,916.23 $5,883.77 74% $110,248.69 040 - Investment Revenue $16,440.00 $0.00 $16,440.00 $0.00 $0.00 $31,316.06 ($14,876.06) 190% $44,604.53 050 - Intergovernmental Revenues $1,214,250.00 ($60,000.00) $1,154,250.00 $0.00 $0.00 $857,625.06 $296,624.94 74% $1,661,432.04 060 - Charges for Services $73,122.00 $0.00 $73,122.00 $25.57 $0.00 $113,400.47 ($40,278.47) 155% $165,225.86 070 - Other Revenues $1,759,500.00 ($1,732,963.00) $26,537.00 $0.00 $0.00 $39,790.57 ($13,253.57) 150% $114,729.55 080 - Other Financing Sources $14,446,932.00 ($800,000.00) $13,646,932.00 $0.00 $0.00 $0.00 $13,646,932.00 0% $11,983,114.82 Revenue Totals $23,322,044.00 ($1,467,949.00) $21,854,095.00 $25.57 $0.00 $8,588,447.40 $13,265,647.60 39% $21,010,040.57 Expense
100 - PRIOR YR ENTRY $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 +++ $0.00 010 - Salaries and Wages $8,794,813.00 ($41,200.00) $8,753,613.00 $0.00 $0.00 $7,152,325.87 $1,601,287.13 82% $6,861,071.37 015 - Other Employee Costs $991,904.00 $0.00 $991,904.00 $0.00 $0.00 $801,065.56 $190,838.44 81% $952,792.06 020 - Supplies $368,715.00 $0.00 $368,715.00 $0.00 $3,431.93 $258,515.77 $106,767.30 71% $383,341.90 030 - Postage Printing and Advertising $101,470.00 $3,300.00 $104,770.00 $179.55 $0.00 $63,263.23 $41,506.77 60% $42,471.47 040 - Utilities $275,774.00 $6,000.00 $281,774.00 $0.00 $0.00 $232,041.76 $49,732.24 82% $348,923.67 050 - Services $8,064,991.00 ($336,162.00) $7,728,829.00 $5,000.00 $180,180.42 $4,834,102.93 $2,714,545.65 65% $6,821,189.69 060 - Employee Development $156,275.00 $6,437.00 $162,712.00 $478.50 $2,575.00 $56,295.48 $103,841.52 36% $110,849.23 070 - Other Costs $60,894.00 $0.00 $60,894.00 $0.00 $0.00 $51,007.06 $9,886.94 84% $54,600.01 075 - Special Costs $5,950.00 $1,032.00 $6,982.00 $0.00 $0.00 $7,334.04 ($352.04) 105% $35,482.69 080 - Capital Outlay $973,620.00 $248,033.00 $1,221,653.00 $0.00 $225,181.20 $590,979.93 $405,491.87 67% $2,185,308.47 090 - Debt Service $1,210,112.00 $0.00 $1,210,112.00 $0.00 $0.00 $12,303.45 $1,197,808.55 1% $1,234,303.89 user: Aimee Beleu Pages 1 of 2 Tuesday, May 7, 2024
Budget by Fund Category Report
TOWN OF PARADISE
05/07/2024
Prior Fiscal Year Activity Included
285
Account Classification Adopted Budget
Budget
Amendments Amended Budget
Current Month
Transactions
YTD
Encumbrances
YTD
Transactions
Budget - YTD
Transactions
% Used/
Rec'd Prior Year Total
GOVERNMENTAL - Governmental Funds
Expense
095 - Other Financing Uses $2,317,526.00 ($1,732,963.00) $584,563.00 $0.00 $0.00 ($525,370.20) $1,109,933.20 -90% $908,324.60 Revenue Totals: $23,322,044.00 ($1,467,949.00) $21,854,095.00 $25.57 $0.00 $8,588,447.40 $13,265,647.60 39% $21,010,040.57 Expenditure Totals: $23,322,044.00 ($1,845,523.00) $21,476,521.00 $5,658.05 $411,368.55 $13,533,864.88 $7,531,287.57 65% $19,938,659.05 GOVERNMENTAL - Governmental
Funds Net Totals:
$0.00 $377,574.00 $377,574.00 ($5,632.48) ($411,368.55) ($4,945,417.48) $5,734,360.03 $1,071,381.52 Revenue Grand Totals: $23,322,044.00 ($1,467,949.00) $21,854,095.00 $25.57 $0.00 $8,588,447.40 $13,265,647.60 39% $21,010,040.57 Expenditure Grand Totals: $23,322,044.00 ($1,845,523.00) $21,476,521.00 $5,658.05 $411,368.55 $13,533,864.88 $7,531,287.57 65% $19,938,659.05 Grand Totals: $0.00 $377,574.00 $377,574.00 ($5,632.48) ($411,368.55) ($4,945,417.48) $5,734,360.03 $1,071,381.52 user: Aimee Beleu Pages 2 of 2 Tuesday, May 7, 2024
Budget by Fund Category Report
TOWN OF PARADISE
05/07/2024
Prior Fiscal Year Activity Included
286
Town of Paradise
Council Agenda Summary
Date: May 14, 2024
Agenda Item: 6(e)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: 2024 On-System Road Rehabilitation / HSIP Systemic Intersection Safety Improvement Project Rescind Contract Award, Reject All-Bids and Re-Advertise
LONG TERM
RECOVERY PLAN:
Yes, Tier 1
COUNCIL ACTION REQUESTED:
1. Pursuant to Public Contract Code Section 20166, consider rescinding award of the 2024 On-System Road Rehabilitation/HSIP Systemic Intersection Safety Improvement Project and rejecting all bids received, and;
2. Adopt Resolution No. 2024- , “A resolution of the Town Council of the Town of Paradise approving the updated plans and specifications for the 2024 On-System Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project and authorizing re-advertisement for bids on the projects. (ROLL CALL VOTE) Background:
Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s on-system roadway infrastructure sustained heavy damage in the wake of the Camp Fire. The pavement structural sections were damaged in two ways:
1. Pavement scarring due to car fires – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.
2. Pavement structural section damage due to heavy truck traffic – Following the Camp Fire, the Town experienced a staggering level of truck traffic. During the CALOES Debris Removal effort, over 3.7 million tons of material was removed, equivalent to approximately 300,000 truckloads. During that same period, PG&E, Comcast, and AT&T restored their damaged distribution infrastructure. Additionally, PG&E removed over 92,000 trees, and an additional 100,000 trees were removed in 2020 as part of the Hazard Tree Removal Program. The volume of trucks using the Town’s on-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.