DRAFT 5/28/2024 Page 128 of 139
4109 Exhibit 11
4110 Acceptable Recyclable Materials
4111 Recyclable Materials include, but are not limited to:
4112
Aluminum cans
Aerosol cans
Aseptic containers
Brochures
Cardboard
Cereal boxes
Clothes hangers (both plastic and metal)
Computer paper
Coupons
Envelopes
Frozen food boxes and trays
Glass bottles/jars
Glass cosmetic bottles
Juice cartons
Junk mail
Laundry bottles
Lids from jars
Magazines/catalogs
Milk cartons
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes
Plastic containers #1-#7
Plastic film
Plastic milk jugs
Plastic bags
Polystyrene (Styrofoam)
Rigid plastics in the form of recycle
crates, laundry baskets, five-gallon
buckets, and plastic lawn furniture
Shredded paper
Tin cans
Tissue boxes
Wrapping paper
4113
4114
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 129 of 139
4115 Exhibit 12
4116 Battery Bucket Locations
4117
Location of Facility Address Phone Location of Bucket
Fire Station Bodega Avenue In lobby
City Hall 7120 Bodega Avenue (707) 823-7863 In lobby
Sebastopol Regional Library 7140 Bodega Avenue (707) 823-7691 In lobby 4118
4119 City may add up to two additional locations.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 130 of 139
4120 Exhibit 13
4121 Street Sweeping Service
4122 Contractor shall provide street sweeping services to City during the Term in accordance with the terms 4123 and conditions of the Agreement and this Exhibit.
4124 1. Manner of Service. Contractor shall provide a Complete Sweep of all Curb Miles on all publicly 4125 maintained City Streets. Within any curb mile, Contractor shall be responsible for sweeping all 4126 curbs including median islands and the corners from any cross street intersecting the subject 4127 street. Contractor shall obey all laws governing the operation of the sweepers on a public street 4128 and shall perform its operations so that sweepers are traversing their routes in the normal 4129 direction of traffic.
4130 2. Labor and Materials. Contractor shall furnish all materials, labor, supervision, and equipment 4131 necessary to perform all work required for regularly scheduled sweeping of all public streets in the 4132 City. Within 180 days of the Effective Date, Contractor shall adopt a City-approved street 4133 sweeping schedule that follows the City-approved refuse collection schedule, including 4134 adjustments for Holidays. Exceptions resulting from equipment breakdowns shall be immediately 4135 reported to the City with a catch-up schedule.
4136 3. Unscheduled and Emergency Services. Contractor shall also provide an annual 200-hour time 4137 bank for unscheduled sweeping and related services or as otherwise assigned by the City upon 4138 one (1) Workday’s notice. Contractor shall use commercially reasonable efforts to respond to 4139 emergency incidents, including vehicle accidents, illicit discharges, and other emergencies, within 4140 two (2) hours or less depending on the severity of the incident. Contractor shall bill City directly 4141 for unscheduled sweeping and related services provided under this paragraph at an amount to be 4142 mutually agreed on between City and Contractor prior to the provision of such services. 4143 4. Maps. Contractor shall provide the street sweeping service route maps to the City Representative 4144 upon request, within ninety (90) days from receipt of written notice. The maps shall be provided in 4145 a format that can be posted to the City website.
4146 5. Sweeping Method. Unsweepable items that impede sweeping, such as palm fronds, rocks, 4147 trash, and debris, shall be removed from the sweeping path and properly disposed of by the 4148 operator rather than being driven around. Items that impede sweeping and are immovable, such 4149 as construction debris and impaired vertical or horizontal clearance by tree limbs, shall be 4150 reported to the City immediately for correction. Contractor is not responsible for areas missed due 4151 to parked cars or other personal property. Sweeper operators shall immediately report to 4152 Contractor and the City all illicit discharges observed during routes. Contractor shall train all 4153 operators to recognize illicit discharges and stormwater pollution sources prior to work as street 4154 operators and annually thereafter, using City-approved training materials. Such training shall be 4155 documented and made available for review by the City. 4156 6. Standing Water/Drainage Problems. In areas where drainage is a problem, Contractor shall 4157 make as many passes as necessary to remove debris from standing water. In addition, all sand, 4158 dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street 4159 during the sweeping operation. If standing water is over the top of curb, then Contractor shall not 4160 be required to sweep that specific area. Sweeper operators shall report all areas with drainage 4161 problems to Contractor and City monthly, or as deemed appropriate by Contractor. 4162 7. Standards of Service. All areas swept under this Agreement shall be thoroughly cleaned. All 4163 debris shall be picked up by the sweeper unit and disposed of at Contractor's expense. Sweeping 4164 shall include the removal of all sand, gravel, dirt, litter, vegetation, and any and all other debris 4165 that accumulates between sweeps. Curb lines shall be swept along both sides of the roadway, or 4166 to the edge of pavement where no curb exists, along all curbs on raised medians, over all 4167 portions of painted medians, painted left and right turn pockets, and all intersection cross gutters. 4168 Sweeping shall normally require one pass over an area. Contractor shall make additional passes 4169 or make such extra effort required to adequately clean the street to the satisfaction of the City.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 131 of 139
4170 Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its swept path. 4171 The service standards in this Article may be reviewed and modified as conditions warrant, to 4172 maintain cleanliness by the City or as necessary to comply with any regulatory permits issued to 4173 City.
4174 8. Water. Contractor shall obtain water services from the appropriate water utility or City for the 4175 water necessary in the street sweeping operation, and use sufficient water to prevent dust arising 4176 during sweeping operations. City will provide map of preferred hydrant locations to Contractor to 4177 be used whenever feasible. The cost of the water shall be borne by Contractor. 4178 8.1. When possible, Contractor shall use reclaimed or tertiary recycled water. 4179 8.2. Contractor shall not discharge liquid waste from the sweeper units onto City streets or 4180 into the storm drain system.
4181 8.3. Washing of sweepers on City property is prohibited. Contractor shall implement best 4182 management practices when loading water into the street sweepers to prevent any 4183 overflow/potable water discharges into the storm drain system. 4184 9. Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than five (5) 4185 miles per hour in residential areas and eight (8) miles per hour in commercial areas when 4186 sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the 4187 sweeper can operate efficiently and safely at a higher speed. City will use industry standards, 4188 U.S. Environmental Protection Agency information, and the sweeper manufacturer’s 4189 recommendations on the speed of sweepers when considering greater speeds. 4190 10. Width of Sweeper Path. Contractor shall sweep all curb miles and all bike lanes with all brooms 4191 down, unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path 4192 width. The path shall begin at the face of the curb and include the flow line of the gutter. Unless 4193 blocked by parked cars, Garbage Carts, Recycling Carts, or Organics Carts, the face of the curb 4194 and gutter shall always be included within the sweeper path. On those residential streets with no 4195 curb, the width of the sweeper path shall be not less than eight (8) feet measured from the edge 4196 of the pavement toward the center of the street.
4197 11. Street Sweeping Frequency.
4198 11.1. Commercial Streets. Contractor shall provide street sweeping service for each curb mile 4199 of commercial streets in the City a minimum of twice per week on a scheduled route 4200 basis. However, in those instances where the scheduled street sweeping service day falls 4201 on a Holiday, Contractor may adjust the route schedule as necessary, consistent with 4202 other Integrated Solid Waste Handling Service.
4203 11.2. Residential Streets. Contractor shall provide street sweeping service for each curb mile of 4204 residential streets in the City two times per month on a scheduled route basis. However, 4205 in those instances where the scheduled street sweeping service day falls on a Holiday, 4206 Contractor may adjust the route schedule as necessary, consistent with other Integrated 4207 Solid Waste Handling Service. This specifically includes:
4208 • All public residential streets within the City limits. 4209 • All private residential streets within the City limits, provided that Contractor 4210 obtains access from the homeowners’ association on mutually agreeable terms 4211 and conditions. Individual homeowners’ associations may negotiate directly with 4212 Contractor for more frequent street sweeping at the homeowners’ association’s 4213 expense.
4214 11.3. Parking Lots. Contractor shall provide street sweeping service for each curb mile of 4215 designated parking areas in the City once per week on a scheduled route basis. 4216 However, in those instances where the scheduled street sweeping service day falls on a 4217 Holiday, Contractor may adjust the route schedule as necessary, consistent with other 4218 Integrated Solid Waste Handling Service.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 132 of 139
4219 11.4. Change in Frequency. The City may direct Contractor to change the frequency of street 4220 sweeping for any City street. Contractor shall implement City-directed changes in 4221 frequency within fifteen (15) Workdays of receipt of written notice from the City 4222 Representative to adjust sweeping frequency. Any changes under this Article shall be 4223 treated as an Allowable Cost.
4224 12. Street Sweeping Hours of Service.
4225 12.1. Commercial Streets. Contractor shall provide street sweeping service on commercial 4226 streets, commencing no earlier than 4:00 a.m. and terminating no later than 7:30 a.m. 4227 Monday through Friday. Street sweeping service shall take only on week days (Monday 4228 through Friday). The hours, days, or both of service may be extended due to 4229 extraordinary circumstances or conditions with the prior written consent of the City 4230 Representative.
4231 12.2. Residential Streets. Contractor shall provide street sweeping service on residential 4232 streets commencing no earlier than 7:00 a.m. and terminating no later than 2:00 p.m. 4233 Street sweeping service shall take only on week days (Monday through Friday). The 4234 hours, days, or both of service may be extended due to extraordinary circumstances or 4235 conditions with the prior written consent of the City Representative. Sweeping in 4236 residential areas shall be coordinated with Integrated Solid Waste Handling Service as4237 needed to ensure that sweeping occurs after collection of all Solid Waste Carts has been 4238 completed on a specific street.
4239 13. Street Changes. City and Contractor acknowledge that it may be necessary or desirable to add 4240 or delete City streets for which Contractor will provide street sweeping services or to temporarily 4241 modify sweeping schedules. City will provide notice of any such changes to Contractor which may 4242 be caused by the following:
4243 • Construction or development on or along a street. 4244 • Pavement maintenance activities, including the chip seal program or the slurry seal 4245 program.
4246 • Inclement weather when running water renders sweeping ineffective. 4247 • Special sweeping on alternative schedule.
4248 • Other legitimate reasons that make sweeping impractical as determined by the City 4249 Representative.
4250 14. Street Additions. As new streets are constructed and accepted by City, City may, at City’s sole 4251 option, designate such streets as part of the Service Area for the purposes of street sweeping 4252 services. If the City Representative designates such streets as part of the Service Area, 4253 Contractor shall provide street sweeping service on such streets under the terms and conditions 4254 of this Agreement within fifteen (15) workdays of receipt of written notice from the City 4255 Representative to begin service. Any changes under this section shall be treated as City-directed 4256 changes under Section 30.01.
4257 15. Street Deletions. City may require some City streets to be temporarily or permanently removed 4258 from the list of scheduled streets for which Contractor provides street sweeping service under this 4259 Agreement. Contractor shall immediately cease providing street sweeping service to any City 4260 Street upon receipt of written notice from the City Representative to stop such service. When a 4261 City Street has been temporarily removed from the list of scheduled streets, Contractor shall 4262 resume street sweeping service on such street in the next regularly scheduled cycle following the 4263 receipt of written notice from the City Representative to resume service. 4264 16. Revised Maps. Contractor shall revise the street sweeping service route maps to show the 4265 addition or deletion of City Streets as provided above and shall provide such revised maps to the 4266 City Representative upon request, within ninety (90) days from receipt of written notice. The maps 4267 shall be provided in a format that can be posted to the City website.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 133 of 139
4268 17. Parking Restrictions. The City will provide written notice to Contractor of any streets where 4269 permit parking may impact scheduled street sweeping service. Contractor may be required to 4270 adjust sweeping schedules to sweep prior to the permit parking restrictions. 4271 18. Adverse Weather Conditions. Because of varying rain conditions throughout the City, 4272 Contractor may verbally request permission from the City Representative to cancel sweeping 4273 during heavy and persistent rainstorms within the Service Area. Contractor may cancel sweeping 4274 only with the prior consent of the City Representative. 4275 19. Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the 4276 street surface. If, while performing street sweeping services, any suspected Hazardous Waste is 4277 encountered, Contractor shall immediately report the location to the City Representative and to 4278 any other responsible agency.
4279 20. Disposal of Sweep Waste. Contractor may dump sweep waste in the City’s Public Works yard, 4280 to be disposed of by the City. Otherwise, Contractor shall transport and deliver all sweep waste to 4281 designated bins. Contractor will collect all bins containing sweep waste and deliver to a facility in 4282 a manner that meets AB 939 requirements. In the event the facility is closed on a workday or is 4283 otherwise unable to accept the sweep waste, Contractor shall transport and deliver the sweep 4284 waste to another legally permitted facility. Sweep waste Disposal shall not be calculated as part 4285 of the annual diversion rate.
4286 21. Washing of Sweepers. Contractor my wash the street sweeper in the City’s Public Works yard. 4287 22. Spillage. During hauling, all sweep waste shall be contained, covered, and enclosed so that 4288 leaking, spilling, and blowing of the sweep waste is prevented. Contractor shall be responsible for 4289 the immediate clean-up of any spillage caused by Contractor. 4290 22.1. Equipment oil, hydraulic fluids, or any other liquid or debris resulting from Contractor’s 4291 operations or equipment must be covered immediately with an absorptive material and 4292 removed from the street surface. Contractor must notify City within two (2) hours of any 4293 spills resulting from Contractor’s operations or equipment. When necessary, Contractor 4294 must apply a suitable cleaning agent to the street surface to provide adequate cleaning. 4295 22.2. The above paragraphs notwithstanding, Contractor must clean up any spillage caused by 4296 Contractor within two (2) hours upon notice from the City. If City deems necessary, 4297 Contractor must engage a third-party environmental clean-up specialist to remove any 4298 equipment oil, hydraulic fluids, or any other liquid or debris that remains on street after 4299 Contractor’s own clean-up efforts. If clean-up is not conducted to satisfaction of City, City 4300 has right to engage an environmental clean-up specialist to perform additional clean-up 4301 work at the expense of Contractor.
4302 22.3. To facilitate such clean-up, Contractor’s vehicles must at all times carry sufficient 4303 quantities of petroleum absorbent materials, along with a broom and shovel. 4304 23. Street Sweeping Service Routes. Not less than forty-five (45) days prior to commencement of 4305 street sweeping services, Contractor shall submit to the City Representative Service Area maps 4306 precisely defining the Sweeper Routes for review and approval by the City Representative. The 4307 route maps shall include the days of the month sweeping shall occur, the sweeping schedules in 4308 adjacent areas, the areas of the City to be swept, the start and finish of each route, the location of 4309 each dumpsite, and any special needs, such as early starts and late finishes. 4310 23.1. The City Representative may provide written comments on the preliminary maps to 4311 Contractor no later than twenty (20) Workdays after receipt of the maps from Contractor. 4312 Contractor shall revise the maps to reflect such comments and return them to the City 4313 Representative within twenty (20) Workdays after receipt of the City Representative’s 4314 comments.
4315 23.2. Upon approval by the City Representative of the final Sweeper Route maps, Contractor 4316 shall develop and maintain the Sweeping Routes on a computerized mapping system 4317 that is compatible with City’s mapping system to the extent possible. Street Sweeping Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 134 of 139
4318 maps provided to the City shall be in a format that is suitable for posting to the City 4319 website.
4320 23.3. Changes in maps shall be provided by the City, and Contractor shall update the maps in 4321 Contractor’s system every month. Such changes shall also be reflected in Contractor’s 4322 printed route maps. Contractor shall submit to the City Representative, in writing, any 4323 proposed route change (including maps thereof) not less than forty-five (45) days prior to 4324 the proposed date of implementation.
4325 23.4. The City Representative may provide written comments to Contractor on such proposed 4326 change no later than ten (10) workdays after receipt of the proposal from Contractor, and 4327 Contractor shall revise the routes to reflect such comments and return them to the City 4328 Representative within ten (10) workdays of receipt of such comments. 4329 23.5. Contractor shall not implement any route changes without the prior written approval of the 4330 City Representative. If the approved route change will change the day on which street 4331 sweeping service will occur, Contractor shall notify the affected Service Recipients of 4332 route changes not less than thirty (30) workdays before the proposed date of 4333 implementation in a manner approved by the City Representative. 4334 24. Other City Sweep Service. If, during the Term, circumstances exist that require work associated 4335 with the street sweeping service program that is not specifically provided for in this Agreement, 4336 the City Representative may require Contractor to perform such other associated work (“OAW”). 4337 Any changes under this section shall be treated as City-directed changes under Section 30.01. 4338 24.1. When Contractor performs OAW, the labor, materials, and equipment used in the 4339 performance of such work shall be subject to the prior written approval of the City 4340 Representative.
4341 24.2. Examples of OAW that Contractor may be required to perform include: performance of 4342 special sweeps, flood clean-up, street sanitation for parades and celebrations, City 4343 requested clean-up services, and any contingency where sweeper and supporting 4344 sweeper equipment could assist in a particular instance. 4345 25. Street Sweeping Quality of Work. The standards of performance which Contractor is obligated 4346 to meet are those good street sweeping practices which leave the service area in a debris- and 4347 dirt-free condition, and use sufficient water to avoid airborne dust arising from equipment 4348 operation.
4349 26. Street Sweeping Equipment.
4350 26.1. General Provisions. All street sweeping service equipment used by Contractor in the 4351 performance of services under this Agreement shall be of a high quality and of the 4352 vacuum type in conformance with the City’s MS4 Permit. The collection vehicles shall be 4353 designed and operated to prevent collected materials from escaping from the collection 4354 vehicles. Hoppers shall be closed on top and on all sides with screening material to 4355 prevent collected materials from leaking, blowing, or falling from the collection vehicles. 4356 All sweepers shall have an operational strobe and back-up alarm and shall conform to all 4357 Federal, State, and local government safety requirements. 4358 26.2. Clean Air Collection Vehicles. During the Term, to the extent required by law, Contractor 4359 shall provide its Street Sweeping vehicles to be in full compliance with all Applicable 4360 Laws, including State and Federal clean air requirements that are adopted or proposed to 4361 be adopted, including, but not limited to, the California Air Resources Board Heavy Duty 4362 Engine Standards as currently proposed to be contained in California Code of 4363 Regulations, Title 13, Sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel 4364 Sulfur regulations, and all other applicable air pollution control laws. 4365 26.3. Vehicle Noise Level. All Street Sweeping operations shall be conducted as quietly as 4366 possible and must comply with Applicable Laws, including Federal EPA noise emission 4367 regulations, currently codified at Code of Federal Regulations, Title 40, Part 205.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 135 of 139
4368 26.4. Reserve Equipment. Contractor shall have available to it, at all times, reserve collection 4369 and street sweeping service equipment that can be put into service and operation within 4370 one (1) hour of any breakdown. Such reserve equipment shall correspond in size and 4371 capacity to the equipment used by Contractor to perform Contractor’s duties under this 4372 Agreement.
4373 26.5. Condition of Equipment. All equipment shall be maintained in good mechanical condition, 4374 including brushes and brooms that shall be replaced at regular intervals. Contractor shall 4375 immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that leak or 4376 spill from equipment into the street or public right of way. 4377 26.6. Storage. Sweeping equipment shall not be stored in the public right of way unless 4378 mechanical failure prevents immediate removal. In the event of mechanical failure, all 4379 efforts must be made to remove the equipment from the public right of way as soon as 4380 possible. The City must approve any overnight storage in public right of way. Contractor 4381 may enter into optional Storage Agreement with City to store Sweeper equipment at City 4382 facility. In the absence of such Storage Agreement with City, sweeping equipment shall 4383 not be stored on City Property.
4384 26.7. City Inspection. All equipment is subject to inspection by the City at any time. 4385 27. Staffing. All Street Sweeper operators shall abide by the requirements set forth in this 4386 Agreement.
4387 28. Communication. Contractor shall have direct communication with all sweeping operators in the 4388 field, utilizing radios or cellular telephones. Each sweeper operator shall have the ability to 4389 communicate verbal information immediately to City staff, Police and Fire Department personnel, 4390 and residents, and to report illicit stormwater discharges and hazardous street or drainage 4391 conditions to the City. Contractor shall also report missed routes and citizen complaints and 4392 resolution to the City on a weekly basis, when applicable. 4393 28.1. Contractor shall supply a 24-hour message telephone number to the City Traffic Engineer 4394 so that the City can notify Contractor of traffic counter installations. 4395 28.2. Drivers shall be aware of their locations to raise their brooms and avoid destruction of 4396 traffic counter cables. Contractor shall use due diligence to avoid traffic counter cables. 4397 28.3. All Sweepers shall have a GPS tracker located in the trucks, with all data accessible to 4398 City staff.
4399 29. Deficiencies and Corrections. The City may also make regular unannounced inspections of 4400 Street Sweeping locations. If a swept area is deemed to be below acceptable performance 4401 standards, the substandard section shall be re-swept within one (1) Workday of notification. 4402 Contractor shall re-sweep at their own expense. The City shall be notified of the completed re4403 sweep. 4404 30. City MS4 Permit. Contractor shall meet street sweeping requirements included in the City’s 4405 current Stormwater Discharge Permit as it may be amended, revised, or reissued from time to 4406 time (“MS4 Permit”).
4407 31. Storm Drain Waste Removal Service.
4408 31.1. General. Contractor shall provide waste removal services from the City’s storm drain 4409 inlets and catch basins (all together, “storm drain inlets”) to the specifications of this 4410 Section.
4411 31.2. Number of Storm Drain Inlet Solid Waste Removal Locations. Contractor shall remove all 4412 Solid Waste, including Garbage, Green Waste, and street debris, from the City’s storm 4413 drain inlets, including from Full Capture Devices placed inside storm drain inlets annually. 4414 The City will provide details, including location, description, and specific identification 4415 numbers, to Contractor via access to an online Geographic Information System (GIS) 4416 portal. Contractor shall include such services in the service rates set by this Agreement.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 136 of 139
4417 The specific storm drain inlets subject to Solid Waste removal services may change 4418 annually or more frequently at the direction of the City. Contractor shall follow and comply 4419 with all Standard Operating Procedures (“SOPs”) for inspecting and cleaning City’s Full 4420 Capture Devices to ensure they are operated at a level necessary to maintain their 4421 designation as Full Capture as required by the MS4 Permit. Contractor shall consult with 4422 City’s Public Works Director regarding which SOPs are applicable to City storm drain 4423 inlets.
4424 31.3. Frequency of Service. Contractor will perform regular inspections of storm drain inlets 4425 and catch basins and will document which storm drain inlets and catch basins require 4426 Solid Waste removal services via the online GIS portal described above. Contractor shall 4427 remove all Solid Waste from all storm drain inlets within 30 (thirty) days. Contractor may 4428 limit service to a maximum of 50 inlet cleanings in any given month. If Contractor reaches 4429 the monthly maximum, resulting in marked storm drain inlets remaining uncleaned for 4430 more than 30 (thirty) days, then Contractor must notify City when maximum limit is 4431 reached. City has option to clean overage, or request Contractor to roll over overage to 4432 next month.
4433 31.4. Solid Waste Disposal and Reporting. Contractor shall Recycle or Compost the maximum 4434 amount of Solid Waste collected from storm drain inlets possible, and shall provide for 4435 such Recycling, Composting, or landfill disposal at the designated post-collection facilities 4436 described in the Agreement. Fees for Recycling, Composting, and/or landfill disposal of 4437 Solid Waste collected from storm drain inlets shall be included in the base compensation 4438 provided to Contractor. Contractor and City shall mutually agree on the reporting 4439 requirements related to street sweeping prior to the commencement of street sweeping 4440 by Contractor. Such reporting obligations may include recording the weight in pounds of 4441 each load of Solid Waste removed from storm drain inlets in a log that will include the 4442 following information: date of removal, equipment identification number, net weight in 4443 pounds of Solid Waste, and net weight disposed. Contractor shall maintain the log 4444 electronically, and shall provide an accurate copy of the log to the City with quarterly 4445 reports and at any time upon request. Contractor shall maintain the log of all weights 4446 collected for the duration of the Agreement.
4447
4448
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 137 of 139
4449 Exhibit 14
4450 Refuse Rate Index Methodology
4451 Labor: List all administrative, officer, operation and maintenance salary accounts. 4452 List payroll tax accounts directly related to the above salary accounts. 4453 Fuel List all fuel costs.
4454 Vehicle Replacement: List all Collection and Collection related vehicle depreciation accounts. 4455 List all vehicle lease or rental accounts related to Collection or Collection 4456 related vehicles.
4457 Vehicle Maintenance: List all Collection or Collection related vehicle parts accounts. 4458 All Other: List all other expense accounts related to the services provided under this 4459 Franchise agreement. This category includes all insurance including general 4460 liability, fire, truck damage, extended coverage and employee group medical 4461 and life; rent on property, truck licenses and permits; real and personal 4462 property taxes; telephone and other utilities; employee uniforms; safety 4463 equipment; general yard repairs and maintenance; office supplies; postage; 4464 trade association dues and subscription; advertising; employee retirement or 4465 profit sharing contributions; and miscellaneous other expenses. 4466 The adjustment shall be calculated in the following manner:
4467 1. The expenses of providing Collection Services in the Service Area for the designated fiscal period 4468 shall be prepared in the format described above and in set forth in the Refuse Rate Financial 4469 Statement Form contained in this Exhibit.
4470 2. The expenses of providing Collection Services in the City shall be broken down into one of the 4471 following five cost categories: Labor; Fuel; Vehicle Replacement; Maintenance and All Other. Each 4472 cost category is assigned a weighted percentage factor on that cost category’s proportionate share 4473 of the total of the costs shown for all cost categories. 4474 3. The following indices are used to calculate the adjustment for each cost category. The change in 4475 each index is calculated on a twelve-month fiscal period in accordance with the terms of the 4476 Franchise agreement.
Cost Category Index
Labor: Series ID: cis201s000000000i (B,H), Service-Providing Industries
Fuel: Series ID: wpu057303, Commodity Code 0573-03 No.
Diesel Fuel
Vehicle Replacement: Series ID: pcu3362113362111, Truck, bus, car and other vehicles bodies, for sale separately
Vehicle Maintenance: Series ID: pcu3339243339243, Parts and attachments for Industrial work trucks
All Other: Series ID: CUURS49BSA0, One hundred percent (100%) of Consumer Price Index, All Urban Consumers, All Items
4477
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 138 of 139
4478 If any index above is discontinued, it shall be replaced by the successor index designated by the index 4479 publisher, or if no successor is designated, the Contractor shall propose an index that most closely 4480 resembles the discontinued index, subject to City approval, not to be unreasonably withheld. 4481 The percentage weight for each cost category is multiplied by the change in each appropriate index to 4482 calculate a weighted percentage for each cost category. The weighted percentage changes for each cost 4483 category are added together to calculate the refuse rate index. 4484 The following page contains the Refuse Rate Financial Statement Form. 4485
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
DRAFT 5/28/2024 Page 139 of 139
4486
Total
Labor-Related Costs (including administrative, office, operations and maintenance salaries and wages) Regular Wages $0
Overtime Wages $0
Holiday Wages $0
Vacation Wages $0
Sick Leave Wages $0
Administrative and Office Salaries $0
Payroll Taxes $0
Total Labor Related-Costs $0
Fuel Costs $0
Vehicle Replacement
Collection Vehicle Depreciation $0
Collection -related Vehicle Depreciation $0
$0
Vehicle-Related Maintenance Costs (do not include depreciation) Tires & Tubes $0
Parts & Supplies (fluid, oil, etc.) $0
Other (Please List) $0
$0
$0
Total Vehicle-Related Maintenance Costs $0
Other Costs
Liability & Property Damage Insurance $0
Equipment Insurance $0
Training & Safety Programs $0
Uniforms $0
Workers Compensation Claims $0
Health & Welfare $0
Pension/ Retirement Benefits $0
Property Rent $0
Truck Licenses and Permits $0
Real and Personal Property Taxes $0
Telephone and Other Utilities $0
General Yard Repairs and Maintenance $0
Office Supplies $0
Postage $0
Trade Association Dues and Subscriptions $0
Advertising $0
Employee Retirement or Profit Sharing Contributions $0
Other (Please List) $0
Total Other Costs $0
Refuse Rate Financial Statement Form
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 1
Proposer's Name:
Service Descriptions Billing Frequency 20-Gallon
Service Rate
32-Gallon
Service Rate
64-Gallon
Service Rate
96-Gallon
Service Rate
Standard Single-Family Automated Cart Service
(Trash, Recycling, Organic Waste) per month
Low-Income Cart Service
(Trash, Recycling, Organic Waste) per month
Additional Trash Cart each cart
Additional Recycling Cart each cart
Additional Organic Waste Cart each cart
Restart of Service (Auto-Resume Fee) per occurrence
Cart Delivery per occurrence
Cart Removal per occurrence
Cart Exchange per occurrence
Residential Cart Replacement Fee per occurrence
(Insert additional service or containers) per month
(Insert additional service or containers) per month
(Insert additional service or containers) per month
SFD Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Form K, Tab A: Single-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2025 (15-Year Term)
TAB A SFD Rates
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 1
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/ frequency) Per Occurrence $0.00 (insert additional service or containers w/ frequency) Per Occurrence $0.00 (insert additional service or containers w/ frequency) Per Occurrence $0.00 Form K, Tab B: Multi-Family Dwelling Maximum Service Rates Rate Schedule Effective 10/1/2025 (15-Year Term)
Multi-Family Trash (Note: Trash rate includes bundled rates that include 96-Gallon Recycling and 96-Gallon Organic Waste) Service Descriptions
Collection Frequency
Multi-family Dwelling Recycling (Additional Containers) Multi-family Dwelling Organic Waste (Green Waste and Food Waste) (Additional Containers) Multi-Family Dwelling Other / Additional Services
Multi-family Dwelling Yard Waste Only (if applicable) (Additional Containers) Multi-family Dwelling Food Waste Only (if applicable) (Additional Containers) TAB B MFD Rates
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 1
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
32-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
64-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
96-Gallon Cart $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
1-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-CY Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
(insert additional service or containers w/ frequency) Per Occurrence $0.00 (insert additional service or containers w/ frequency) Per Occurrence $0.00 (insert additional service or containers w/ frequency) Per Occurrence $0.00 Commercial Other / Additional Services
Commercial Recycling (Additional Containers)
Commercial Organic Waste (Green Waste and Food Waste) (Additional Containers) Commercial Yard Waste Only (if applicable) (Additional Containers) Commercial Food Waste Only (if applicable)
Form K, Tab C: Commercial Maximum Service Rates
Rate Schedule Effective 10/1/2025 (15-Year Term)
Commercial Trash (Note: Trash rate includes bundled rates that include 1x/week collection of 96-Gallon Recycling and 96-Gallon Organic Waste)
Service Descriptions
Collection Frequency
TAB C Commercial and Ind Rates
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 1
Proposer's Name:
1/week 2/week 3/week 4/week 5/week 6/week
Push Rate - 25 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 50 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 75 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Push Rate - 100 feet $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Service Descriptions Frequency Proposed Rate
Stinger / Scout Service Fee Per Occurrence $0.00 Per Pull $0.00 Locking Bin, Lock on Gate Monthly $0.00 Per Pull $0.00
Trip Charge/Dry Run Per Occurrence $0.00 Per Pull $0.00 Restart of Service (auto resume fee) Per Occurrence $0.00 Per Pull $0.00 Setup Fee Per Occurrence $0.00
Delivery Charge Per Occurrence $0.00
Delivery Charge Commercial Carts Per Occurrence $0.00
Removal Per Occurrence $0.00
Exchange Fee Per Occurrence $0.00
Recycling Contamination Fee Per Occurrence $0.00
Organics Contamination Fee Per Occurrence $0.00
Overage Fee Per Occurrence $0.00
Emergency Services (Section 20.01) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 (insert additional service w/frequency) Per Occurrence $0.00 20-Cubic-Yard Container per pull
30-Cubic-Yard Container per pull
40-Cubic-Yard Container per pull
Rate Schedule Effective 10/1/2025 (15-Year Term)
Roll-off Pull Rates
(Roll-off Containers billed on a per pull plus process or disposal rate) Service Descriptions
Collection Frequency
Form K, Tab D: Additional Services Maximum Service Rates Other Services
Push Rate (Monthly)
10-Cubic-Yard Container per pull
Revised Form K
TAB D Additional Rates
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 1
Proposer's Name:
Number Each Price/Unit Number Each Price/Unit Number Each Price/Unit Front End Loader - $0.00 - $0.00 - $0.00
Automated Side Loader - $0.00 - $0.00 - $0.00
Roll-Off Truck - $0.00 - $0.00 - $0.00
Scout Truck - $0.00 - $0.00 - $0.00
Other (Describe): - $0.00 - $0.00 - $0.00
32-Gallon Cart - $0.00 - $0.00 - $0.00
64-Gallon Cart - $0.00 - $0.00 - $0.00
96-Gallon Cart - $0.00 - $0.00 - $0.00
1-CY Bin - $0.00 - $0.00 - $0.00
1.5-CY Bin - $0.00 - $0.00 - $0.00
2-CY Bin - $0.00 - $0.00 - $0.00
3-CY Bin - $0.00 - $0.00 - $0.00
4-CY Bin - $0.00 - $0.00 - $0.00
6-CY Bin - $0.00 - $0.00 - $0.00
10-CY Roll-Off - $0.00 - $0.00 - $0.00
20-CY Roll-Off - $0.00 - $0.00 - $0.00
30-CY Roll-Off - $0.00 - $0.00 - $0.00
40-CY Roll-Off - $0.00 - $0.00 - $0.00
Number Each Price/Unit Number Each Price/Unit Number Each Price/Unit Other (Describe): - $0.00 - $0.00 - $0.00
Other (Describe): - $0.00 - $0.00 - $0.00
Total Anticipated Startup Capital Costs - $0.00 - $0.00 - $0.00 Form K, Tab E: Startup Capital Costs
Startup Capital Expenses
Capital Expense Description
Residential Commercial Roll-Off
Other Capital Expenses
Residential Commercial Roll-Off
Expense Description
Revised Form K
TAB E Startup Capital Costs
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 1
Proposer's Name:
Service Alternative Description Frequency Proposed Rate (insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
(insert additional service) Each Occurrence $0.00
Agreement Exception Description Frequency Proposed Rate (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 (insert exception and how the proposed Maximum Service Rates would be affected) Each Occurrence $0.00 Form K, Tab F: Proposal Service Alternatives and Agreement Exceptions Rate Schedule Effective 10/1/2025 (15-Year Term)
Service Alternatives
Agreement Exceptions
TAB F Service Alternatives
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 2a
Attachment 2a:
Waste Delivery Agreement with Republic Services,
Including Recology’s Concurrence
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 2b
Attachment 2b:
Omnibus Amendment to the Waste Delivery
Agreement and Franchised Hauler Agreement
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
1 OMNIBUS AMENDMENT TO WASTE DELIVERY AGREEMENT AND
FRANCHISED HAULER AGREEMENT
This Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement (this “Amendment”) is entered into as of April 1, 2022, by and among the City of Sebastopol (“City”), Republic Services of Sonoma County, Inc. (“Republic”), and Recology Sonoma Marin (“Recology”).
WHEREAS, each of the cities of Cloverdale, Cotati, Healdsburg, Rohnert Park, Santa Rosa and Sebastopol (the “Committed Cities” or “Cities”) is party to a Waste Delivery Agreement with Republic (each, a “WDA”), and a Franchised Hauler Agreement with Republic and Recology (each, an “FHA”);
WHEREAS, Republic and Recology are parties to an Agreement for Operations of Sonoma County Transfer Stations and Materials Recovery Facility (the “Prime Subcontract”), pursuant to which Republic subcontracted to Recology certain of Republic’s obligations under the Amended and Restated Agreement for Operation of the Central Landfill and County Transfer Stations (the “MOA”) between the County of Sonoma and Republic;
WHEREAS, the MOA, Prime Subcontract, WDAs and FHAs (collectively, the “County Agreements”) contemplate that Recology will provide a limited program for collection of Commercial Food Waste and Dry Commercial Mixed Waste within urban areas of City (the “Programs”), to be compensated solely through a portion of the Facility Operations Service Fee that Recology receives under the Prime Subcontract;
WHEREAS, the Programs and related compensation contemplated by the County Agreements do not meet the requirements of SB 1383, including provision of organics service to all residential and commercial generators (not just urban customers), periodic route reviews to monitor contamination, periodic compliance reviews to monitor participation, and detailed reporting related to the foregoing;
WHEREAS, the parties believe that the needs of City to comply with SB 1383 can be best served by having City’s organic waste and Dry Commercial Mixed Waste programs fully funded under its franchise agreement with Recology, rather than attempting to implement an SB-1383 compliant program by supplementing the existing (noncompliant with SB1383) Programs with additional services under City’s franchise agreement;
WHEREAS, eliminating the funding for the Programs under the Prime Subcontract will allow the Gate Rates charged to Recology (as City’s franchised hauler) on Committed City Waste delivered to the County facilities to be reduced (compared to what the Gate Rates would otherwise be) by the portion that previously funded the Programs; NOW, THEREFORE, the parties agree as follows:
1. Effective as of April 1, 2022, and subject to Section 3 below, Section 2.3 of City’s WDA, and Sections 3 and 4 of City’s FHA (and of Exhibit C to City’s WDA, which sets forth the form of the FHA), are hereby deleted and of no further force or effect.
2. Effective as of April 1, 2022, and subject to Section 3 below, City’s franchise agreement is hereby amended to add the following:
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
2 “To maximize route efficiency, Contractor may collect Commercial Food Waste in its residential collection vehicles, commingled with residential organics, provided that the tonnage of Commercial Food Waste so collected in City, the other cities that are party to a Waste Delivery Agreement with Republic where Recology is the franchised hauler, and the unincorporated County combined, does not exceed 15% of the total tonnage of Commercial Food Waste collected by Contractor from such jurisdictions (calculated on an aggregate (combined) basis, not jurisdiction by jurisdiction by jurisdiction), and provided further that Contractor compensates Republic Services of Sonoma County, Inc. (“Republic”) appropriately for such commingled Commercial Food Waste, in a manner to be mutually agreed by County, Republic and Contractor.”
3. The effectiveness of Sections 1 and 2 is subject to satisfaction of all of the following conditions:
(a) The MOA and Prime Subcontract are amended to, among other things: (i) adjust the Gate Rate and the Facility Operations Service Fee to eliminate the portion that funds the Programs (currently $4.21 per ton), on all tons on which such portion is included, (ii) revise Republic’s diversion tonnage goal in Section 9.2 of the MOA and Section 5.4 of the Prime Subcontract from 67,000 to 44,735 tons per year, and Recology’s diversion tonnage goal in Section 5.4 of the Prime Subcontract from 46,173 to 23,908 tons per year; (iii) delete the second sentence of the first paragraph of Section 9.7 of the MOA, and (iv) delete Section 5.16 of the Prime Subcontract, all such amendments to be effective as of April 1, 2022;
(b) On or before April 1, 2022, (i) each of County and the Committed Cities enters into a written amendment to its respective franchise agreement with Recology that includes a rate adjustment that, in Recology’s sole but reasonable opinion, is sufficient to fully fund the organic waste and, if continued, the Dry Commercial Mixed Waste programs provided by Recology in such jurisdiction pursuant to the franchise agreement, and (ii) each other of the Committed Cities enters into an omnibus amendment to its WDA and FHA that is identical in all material respects to this Amendment. Any of the conditions set forth in this subsection (b) may be waived by Recology in writing to the other parties hereto.
4. In the event of any conflict between this Amendment and City’s WDA or FHA, this Amendment shall govern. This Amendment may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used in this Amendment, “including” and its variants mean “including without limitation.”
5. Nothing contained herein shall change the definition of Committed Waste within the WDA. More specifically, Commercial Food Waste and Dry Commercial Mixed Waste are and shall continue to be considered Committed Wastes. This Amendment does not modify the categories of Waste exempt from payment of the Facility Operations Fee in Section 8.3 of the Prime Subcontract.
6. Except as expressly amended herein, each of the County Agreements shall remain in full force and effect.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
3 IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.
City of Sebastopol
By:
Name:_Lawrence McLaughlin
Title:_City Manager
Date:____________________________
APPROVED AS TO FORM:
________________________________
Lawrence McLaughlin
City Attorney
Republic Services of Sonoma County, Inc.
By:
Name:_Mike Caprio
Title:_Vice President
Date:
Recology Sonoma Marin *
By:
Name:_Salvatore M. Coniglio
Title:_CEO
Date:
* Recology Sonoma Marin hereby waives the
conditions set forth in Section 3(b) of this
Amendment.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 3
Attachment 3:
Joint Exercise of Powers Agreement for the Sonoma
County Waste Management Agency, Including
Amendments
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
AGREEMENT
BETWEEN
THE CITIES OF SONOMA COUNTY
AND
SONOMA COUNTY
FOR A
JOINT POWERS AGENCY
TO DEAL WITH WASTE MANAGEMENT ISSUES
Wood Waste, Yard Waste,
Household Hazardous Waste, and Public Education)
Exhibits Attached)
REVISION DATE: 2 - 11 - 92
Fft; j:PY
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
TABLE OF CONTENTS
Section 1. Definitions
Section 2. Purpose of Agreement
Section 3. Covenant of Cooperation in Waste Program
Section 4. Composition of Joint Powers Agency
Section 5. County to Provide Sites at Central Landfill
Section 6. County to Provide Site Improvements
Section 7. Agency to Arrange for Operator and Equipment Section 8. Household Hazardous Waste Acceptance Area
Section 9. Joint Powers Agency to Administer Treatment
System and Household Hazardous Waste Storage and
Disposal
Section 10. Financing - Household Hazardous Waste Storage and Disposal
Section 11. Role of Participants in Collection of Wood, and Yard Waste
Section 12. Request for Proposals for Composting, Woodwaste, Tree Stumps and Yard Waste
Section 13. Financing - Yard and Wood Waste
Section 14. Joint Powers Agency Authority to Adopt Regulations Section 15. Commencement of Operation
Section 16. Estimation and Payment of O &M Cost
Section 17. Agency to Accept and Participants to Deliver Yard and Wood Waste
Section 18. Public Education - Allocation of Costs
Section 19. Reimbursement of County Costs for Information System and Regulatory Compliance Costs
Section 20. Term of This Agreement
Section 21. Records and Accounts
Section 22. Liabilities and Limitations of Parties
Section 23. Insurance
Section 24. Severability
Section 25. Non - Tipping Fee Funding Sources
Section 26. Amendments to Agreement
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
AGREEMENT
This is an Agreement between the Cities of the County
of Sonoma and Sonoma County to create a Joint Powers Agency referred to as " Agency ") consisting of the Cities and County of Sonoma to deal with waste management issues such as wood waste, yard waste, household hazardous waste, and public education.
This Agreement is made upon the date last signed below
between the various cities of Sonoma County who are signators to this Agreement ( referred to as " Cities ") and Sonoma County referred to as " County "), all of which are collectively referred to as " Participants."
RECITALS
This Agreement is predicated on the following facts:
A. Increases in the populations of Participants and
changes in the requirements for waste treatment and disposal have created an urgent need for new and innovative approaches in the treatment and disposal of waste generated within the boundaries of Participants.
B. A mutually cooperative Joint Powers Agreement will " protect the health and safety of the citizens, preserve and enhance their environment, and provide for recycling, diversion, and disposal of waste generated within Participants;
C. The California Integrated Waste Management Act of
1989 ( AB939), among other things, requires Participants to divert recyclable and recoverable materials from the waste stream and to cooperate to achieve their diversion goals.
Following this principle, it is the intent of Participants to cooperate with each other as reflected in this Agreement so as to carry out, in an efficient manner, these objectives.
D. Participants have agreed on a Joint Powers Agency
to deal with wood, yard, and household hazardous waste issues and public education in the manner set forth in this Agreement.
Participants will continue to discuss other waste management issues and endeavor to reach agreement on those issues after which this Agreement will be amended by mutual written consent.
E. At the present time, Sonoma County anticipates
the adoption of an ordinance restricting or prohibiting the disposal of yard waste and wood waste at the Central Landfill Site due to the fact that alternative technologies are available other than disposal at the Central Landfill. In addition, pursuant to AB939, 25% of the waste stream must be diverted by 1995. This Joint Powers Agreement will assist in that effort.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
JOINT POWERS AGREEMENT
NOW, THEREFORE, Participants agree as follows:
Section 1. Definitions
Agency. The Joint Powers Agency created by this
Agreement consisting of Cities and County.
City. The various cities of Sonoma County whose
signatures appear at the end of this Agreement.
County. Sonoma County.
Household Hazardous Waste. As defined by the
California Integrated Waste Management Board.
Licensed Hauler. " Licensed Hauler" means any
organization licensed to haul refuse by a Participant.
Participants. The Cities and County of Sonoma
who are participating in this Agreement.
Products. Products mean the products including
compost of the wood waste and yard waste Treatment System.
Treatment System. The system used to process
yard and wood waste.
Wood Waste. " Wood waste" means solid waste
consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, process or storage of raw wood materials, or construction and demolition activities.
Yard Waste. " Yard waste" means any wastes
generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, pruning, brush, and weeds.
Section 2. Purpose of Agreement
The purpose of this Agreement is to create Agency and
to describe the terms and provisions by which Agency will deal with four ( 4) programs - namely, ( 1) household hazardous waste and ( 2) wood waste and ( 3) yard waste that otherwise would go to the Central Landfill. Agency shall also have a ( 4) public education function. Each Participant executing this Agreement may elect to participate in any or all of the Agency programs.
From time to time, Participants may agree, in writing, to additional duties and responsibilities and programs beyond those set forth in this Agreement.
Section 3. Covenant of Cooperation in Waste Program
Participants do hereby covenant with each other to
take all reasonable actions for orderly treatment of household hazardous, wood, and yard waste under the terms of this Agreement and to comply with all reasonable requirements of Federal and State Entities having jurisdiction over the Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
processing and treatment of household hazardous, wood, and yard waste. Participants also hereby covenant with each other to take all reasonable actions to avoid duplication or conflict of efforts in any waste program undertaken by the Agency.
Section 4. Composition of. Joint Powers Agency
The Joint Powers Agency created by this Agreement
shall have one member from Sonoma County and one member from each City that joins the Agency ( each of whom shall be an elected Councilmember, County Supervisor or appointee). Any city may, at its option, elect to join the Agency and have one 1) vote. An appointee shall be an employee of the city or county making the appointment. Each member shall have one vote: A quorum shall consist of one -half or more of the members. The majority vote of a quorum is sufficient for action. Provided, however, a unanimous vote of the total membership ( i. e., all members must approve) shall be required for action on ( 1) major program expansion( s) or ( 2) capital expenditures greater than $ 50, 000, or ( 3) adoption of annual budgets. A " major program expansion" means any program or plan for anything beyond yard and wood waste, household hazardous waste, and public education.
The members of the Agency shall hold their first
meeting within forty -five ( 45) days after execution of the Joint Powers Agreement by all Participants at which time it shall, in compliance with the Brown Act, establish a regular meeting date and take such other action as it deems appropriate to organize itself for the orderly conduct of business. The JPA will contract with Sonoma County for staff services with the Recycling, Marketing, and Integrated Solid Waste Manager.
Section 5. County to Provide Sites at Central Landfill
Provided that all regulatory requirements of Federal
and State agencies are first met, the County agrees to provide, free of charge as a subsidy, sites at its Central Landfill Site for the purpose of household hazardous waste collection and storage and for a wood and yard waste Treatment System. After first consulting with the Agency, the County shall provide such sites as County finds reasonably suited and located for the needs of the Agency. A map together with the conditions of use shall be drawn delineating the boundaries of the two sites; the boundaries may be amended by mutual agreement between the Agency and the County in order to meet future needs. Should operations cease on either or both of the existing sites, then Agency shall have no further right to use the existing site( s) where use has ceased. If Agency ceases to use either or both site( s), Agency, at its expense, will remove all wastes and Products so that the site( s) is returned to County in a completely clean condition.
Agency, at its expense, shall perform such monitoring tests as County' s Public Works Director requests to examine the conditions at the site( s) and the areas around the site( s). 3-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Such tests may occur during the term of this Agreement or afterward.
Section 6. County to Provide Site Improvements
The County, using tipping fee revenue, will provide
reasonable site improvements.
Section 7. Agency to Arrange for Operator and Equipment Agency will arrange for an operator with the necessary
equipment to process yard waste and wood waste delivered to the site. In addition, Agency will arrange for a hazardous
household waste operator to perform a collection, recycling and disposal services for Participants electing to participate.
Wood and yard waste will be accepted from all sources within Sonoma County; household hazardous waste will be accepted only from licensed haulers and other entities approved by Agency and from members of the public that are residents of a Participant of the Agency. Small quantity generator hazardous waste ( as defined by California Legislation or by the Agency with the unanimous concurrence of each Participant) will be included but will be entirely financed by the business using the service. A special fee and method and hours of operation will be
established by the Agency for this service.
Section 8. Household Hazardous Waste Acceptance Area
Household hazardous waste will be received from the
residents of Participants in a receiving area at the facility.
The public will be met by trained personnel who will inspect the delivered waste and determine whether they are acceptable household hazardous wastes. If unidentified ( unlabeled) waste are found the delivery person will be requested to provide information to assist in determining the type of material.
Times and dates for acceptance of household hazardous waste from Public will be determined by Agency.
The waste received will be sorted into materials that
must be disposed of and those that can be reused. Those materials that must be disposed of will be prepared for transportation to disposal facilities. Those wastes received that can be reused will be inventoried for use, exchange, reuse or shipped to a recycling facility. Materials remaining in inventory for a period of time determined to be appropriate by Agency will be disposed of or handled as the Agency determines appropriate.
Section 9. Joint Powers Agency to Administer Treatment
System and Household Hazardous Waste Storage and
Disposal
The Agency shall administer and execute the Agreement
and do all acts necessary for the exercise of said common power for that purpose.
4-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
The Agency shall administer, operate, manage, and
control the Treatment System and the household ( and any other) hazardous waste storage and disposal system in an efficient and economical manner and maintain and preserve them in good repair and working order, all in accordance with sound engineering practices. Agency shall treat and dispose of all wood and yard waste received and shall collect, recycle, store, and dispose all household ( and any other) hazardous waste received under the terms of this Agreement in such manner as to comply with all applicable laws, rules and regulations.
Section 10. Financing - Household Hazardous Waste Storage and Disposal
The cost of startup, maintenance and operation may be
paid by the tipping fee process with special cost center established for Household Hazardous Waste and hazardous small quantity generator business waste. County will provide
financing to construct and operate the facility by collecting a tonnage tipping fee on all refuse entering the Landfill. The hazardous business waste program, if JPA establishes program, will set a fee schedule to cover all costs including capital startup, operating, maintenance, and disposal fees.
Section 11. Role of Participants in Collection of Wood, and Yard Waste
Each Participant shall cause wood waste and yard waste
generated within its jurisdiction ( that could not be diverted otherwise) to go to the Central Landfill to be delivered to the Treatment System and shall take such actions as are appropriate and necessary to accomplish that result. The Joint Powers Agency shall establish standards for the quality of yard and wood waste acceptable for delivery to the Treatment System and may also approve diversions of wood waste and yard waste to alternative treatment systems.
If and when wood and yard waste is treated in the
Treatment System and results in useable products ( hereinafter referred to as " Products "), then Agency shall have the right to dispose of the Products as it sees fit and in accordance with any contract( s) it may have with an Operator.
Agency shall separately account for all costs of
handling and disposing yard waste and wood waste so that the costs of each are known.
Section 12. Request for Proposals for Composting, Wood Waste, Tree Stumps and Yard Waste
In the mutual interest of all Participants a Request
for Proposals for Composting Wood Waste, Tree Stump and Yard Waste Program at the Central Landfill has been prepared for distribution to potential proposers. This RFP is in accordance 5-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
with the requirement that the Agency arrange for Operation and Equipment in Section 7. The proposals received will be reviewed by a committee of Participants for recommendation to the full Agency membership. The general wording of the RFP is included in Exhibit " B."
Section 13. Financing - Yard and Wood Waste
The cost of startup, maintenance and operation will be
paid through the tipping fee process with a special cost center established for each. County agrees to assist JPA in developing a financing program to construct treatment system and provide startup cash and to install weighing devices for yard and wood waste at Central Landfill to determine the amount of each Participant' s use of the Treatment System. The County agrees to collect a tonnage tipping fee on refuse entering landfill sufficient to pay for all capital improvements and other startup costs of the wood waste and yard waste program. The Agency shall receive all revenues accruing in connection with the Treatment System, and then use them to defray operation and maintenance ( O &M) expense of the wood or yard waste Treatment System.
Section 14. Joint Powers Agency Authority to Adopt Regulations Participants agree that the primary purpose of this
Agreement are to create an Agency to treat wood waste and yard waste and to collect, store, and dispose of household hazardous waste and to educate the public regarding waste issues. The Joint Powers Agency may, from time to time, adopt uniform rules and regulations to carry out these purposes.
Section 15. Commencement of Operation
After execution of this Agreement by the Participants,
they shall cooperate with each other so that Agency can swiftly begin to carry out its mission.
Section 16. Estimation and Payment of O &M Cost.
For each fiscal year the Agency shall prepare separate
O &M budgets for ( 1) household hazardous waste collection, storage, and disposal countywide program and ( 2) the yard waste Treatment System and ( 3) wood waste Treatment System and ( 4) the education program. These budgets, and any other budgets Agency may prepare, shall require the unanimous approval of the total membership of Agency Agreement.
The Agency shall set fees for the services it provides
to any non - Participant, other entity, or person participating in any Agency program.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Section 17. Agency to Accept and Participants to Deliver Yard and Wood Waste
Agency agrees that during the term of this Agreement
it will receive wood and yard waste from each of the
Participants. Participants agree that during the term of this Agreement each Participant will deliver the Exhibit A wood and yard waste tonnage as a minimum. The Exhibit A tonnage is 25% of the wood and yard waste from each participant as identified in the 1991 Waste Characterization Study. If a participant is unable to deliver the established minimum tonnage they may deliver whatever amount they so choose but they will not have a vote in the operation of that particular item ( either yard waste or wood waste). The Participants will cooperate with each other to maximize use of the System and to promote its use. If Agency is unable to dispose of the Products of the System to third parties, each Participant agrees to pick up, transport, and take back the remaining Products in proportion to the amounts delivered to the System. For example, if Agency is able to dispose of one -half of the Products to third parties and one City delivers one - fifth of the total amount of the wood and yard waste to the Treatment System, then that City agrees to pick up, transport, and take back one - tenth of the total amount of the Products produced by the System.
Section 18. Public Education -- Allocation of Costs
Agency shall develop a public education program in
consultation with the Participants. The public education program shall be designed to maximize the utilization of the yard and wood waste Treatment System and the household hazardous waste facility. In addition, the Agency may develop educational programs designed to divert the maximum amount of materials from disposal at the Central Landfill site. The County agrees to collect a tonnage tipping fee on refuse entering landfill sufficient to pay all capital improvement costs and all operating costs of the program.
Section 19. Reimbursement of County Costs for Information System and Regulatory Compliance Costs.
County agrees to provide an information system capable
of tracking each load of yard and wood waste. Agency agrees the County will be reimbursed from the Cost Center established in the enterprise landfill tipping fee account for reasonable costs of maintaining that information system in the amount determined by the County' s Public Works Director.
Agency agrees to reimburse County for County' s costs,
as determined by its Public Works Director, incurred to form the Agency. Once formed, Agency agrees to reimburse County for all new or additional costs incurred by County as a result of the Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
activities of the Agency. Such costs include, but are not limited to, the following: ( 1) the cost of obtaining required permits from regulatory agencies and the cost of complying with the requirements and conditions of those permits; ( 2) cost of operating a storm water treatment facility, if needed to prevent excess nitrogen from entering the water from the compost. ( 3) any cleanup costs ( including monitoring costs) incurred as a result of Agency activities for as long as required.
Section 20. Term of This Agreement
The term of this Agreement shall be for twenty -five
25) years. This Agreement shall take effect and begin on the date the Agreement is executed by the last Participant to execute the Agreement. This Agreement may be extended from year to year thereafter by mutual agreement of the Participants.
Should any city desire to withdraw from the JPA a
ninety ( 90) day notice shall be submitted in writing to the Agency. A penalty as set by the JPA and adjusted from time to time to reflect the impact on the JPA shall be paid by the City to the Agency for the withdrawal.
Section 21. Records and Accounts
Agency will keep proper books and records including, but not limited to, types and quantities of wastes received from each jurisdiction which, upon written request, shall be subject to inspection by any duly authorized representative of
Participants. Agency will cause the books and records to be kept, and audit to be made, in accordance with the statutory requirements for Joint Powers Agencies. The Agency will make quarterly reports of System operations and of all receipts to and disbursements from the Agency. One copy of the report shall be given to each Participant. The expense of these audits and reports and all recordkeeping and accounting costs shall be an operation and maintenance cost of the Joint Powers Agency.
Section 22. Liabilities and Limitations of Parties
Agency agrees to maintain and operate the Treatment
System in a competent and diligent manner to the end that requirements set by the California Integrated Waste Management Board and any other agency having jurisdiction thereof are met.
In the event of litigation concerning alleged failure to meet performance requirements, Participants and Agency shall cooperate in the defense. Agency shall assume liability for cost of litigation, settlement of claim, and of any penalty unless it is determined by a court of law, arbitration, or other legal process, that the alleged failure was caused by the negligence, malfeasance, or other culpable act( s) of another.
Liabilities of Participants, due to their own acts or negligence prior to creation of Agency, will not be assumed by the Agency.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Agency agrees to indemnify Participants against all liability arising out of Agency' s negligence.
Section 23. Insurance
The Agency shall maintain liability insurance so long
as this Agreement is in effect and for at least one ( 1) year thereafter, which insurance shall name each of the Participants as an additional insured for any liability arising out of Agency' s activities. The expense of such insurance shall be a proper operation and maintenance charge. This insurance shall provide coverage to an initial policy limit of two million dollars and shall be adjusted up or down as requested by the County Risk Manager at least once each year prior to JPA budget preparation. Provided that all Participants unanimously concur, Agency may elect to establish a self - insurance program.
Section 24. Severability
If any section, subsection, sentence, clause, phrase
or word of this Agreement, or the application thereof, to either party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the Agreement or the application of such provision to the other party, or to any other persons or circumstances shall not be effected thereby. Each party hereby declares that it would have entered into this Agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to either party or any other person or circumstances be held invalid.
Section 25. Non - Tipping Fee Funding Sources
The Agency may apply for and receive funds or property
or equipment from non - tipping fee sources such as, but not limited to, advance disposal fees, federal or state grant or loan programs, private contributions, and the like. Such funds, property, or equipment shall by used for any program properly authorized by Agency.
Section 26. Amendments to Agreement
This Agreement may be amended by a written amending
Agreement signed by all Participants.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
APR 28 ' 92 15: 28 SO CNTY DPW F. 2
IN WITNESS WHEREOF, the Participants have caused this
Agreement to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
ATTESTED:
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
CITY OF SANTA R
of
By
CITY OF ROHNERT PARR
By
CITY OF SEBASTOPOL
By
CITY OF SONOMA
By
ATTESTED: CITY OF CLOVERDALE
City Clerk
ATTESTED:
City Clerk
By
CITY OF PETALUMA
By
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
CITY
RORNE T PARK
IN WITNESS WHEREOF, the Participants have caused this
Agreement to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
ATTESTED:
City Clerk
ATTESTED:
CITY OF SANTA ROSA
By
CITY OF ROHNERT PARK
CITY OF SEBASTOPOL
By
City Clerk
ATTESTED: CITY OF SONOMA
By
City Clerk
ATTESTED: CITY OF CLOVERDALE
By
City Clerk
ATTESTED: CITY OF PETALUMA
By
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this
Agreement to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
ATTESTED: CITY OF SANTA ROSA
City Clerk
ATTESTED:
City Clerk
ATTESTED:
Ci y Clerk
By
CITY OF ROHNERT PARK
By
CITY OF SEBASTOPOL
By
ATTESTED: CITY OF SONOMA
By
City Clerk
ATTESTED: CITY OF CLOVERDALE
By
City Clerk
ATTESTED: CITY OF PETALUMA
By
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this
Agreement to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
ATTESTED: CITY OF SANTA ROSA
By
City Clerk
ATTESTED: CITY OF ROHNERT PARK
By
City Clerk
ATTESTED: CITY OF SEBASTOPOL
By
City Clerk
CITY OF SONOMA
Z04; By / / (./ I(
City Clerk
ATTESTED: CITY OF CLOVERDALE
By
City Clerk
ATTESTED: CITY OF PETALUMA
By
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this
Agreement to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
ATTESTED: CITY OF SANTA ROSA
City Clerk
ATTESTED:
City Clerk
ATTESTED:
By
CITY OF ROHNERT PARK
By
CITY OF SEBASTOPOL
By
City Clerk
ATTESTED: CITY OF SONOMA
By
City Clerk
ATTESTED: ' CIT
c Qiu
ity Clerk
ATTESTED: CITY OF PETALUMA
By
City Clerk
10- 3
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this
Agreement to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
ATTESTED: CITY OF SANTA ROSA
City Clerk
ATTESTED:
City Clerk
ATTESTED:
By
CITY OF ROHNERT PARK
By
CITY OF SEBASTOPOL
By
City Clerk
ATTESTED: CITY OF SONOMA
By
City Clerk
ATTESTED: CITY OF CLOVERDALE
By
City Clerk
ATTEST
AttrAN:4A_ Z‘. y Clerk
CITY OF PETA
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTESTED:
ATTESTED:
CITY OF COTATI
By < j c
Bi-\
CITY OF HEALDSBURG
By
City Clerk
ATTESTED: COUNTY OF SONOMA
County Clerk
By
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTESTED:
City Cle. 141.
rte
ATTES.
CITY OF COTATI
By
CITY OF HEALDSBURG
City
ATTESTED: COUNTY OF SONOMA
County Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Participant
EXHIBIT A
Wood Waste
Minimum Tonnage ( 25Z of
Waste Generation Study
Data for each participant done by Emcon Assoc)
z of Tonnage
Unincorporated County 12, 083 53. 52 Cloverdale 237 1. 05 Cotati 232 1. 03 Healdsburg 694 3. 07 Petaluma 1, 722 7. 63 Rohnert Park 1, 074 4. 76 Santa Rosa 5, 200 23. 03 Sebastopol 658 2. 91 Sonoma 677 3. 00 Participant
22, 577 100z
Yard Waste
Minimum Tonnage ( 25Z of
Waste Generation Study
Data for each participant done by Emcon Assoc)
z cf Tonnage
Unincorporated County 7, 529 37. 49 Cloverdale 288 1. 43 Cotati 464 2. 31 Healdsburg 483 2. 40 Petaluma 2, 496 12. 43 Rohnert Park 1, 423 7. 08 Santa Rosa 6, 342 31. 58 Sebastopol 623 3. 10 Sonoma 438 2. 18 20, 086 1002
Gurule /Reports / Wood / Haz / Public Ed / 12/ 05/ 91
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
EXHIBIT " B"
REQUEST FOR PROPOSALS
FOR
COMPOSTING, WOOD WASTE, AND YARD WASTE
The Cities of Sonoma County and the County of Sonoma have entered into a joint powers agreement to divert wood waste, yard waste, and tree stumps from the Sonoma County Central Landfill for more positive uses. valuable landfill space, the In addition to saving entities have the goal of gaining maximum recycling and diversion credits toward meeting the goals of AB 939. AB 939 25% requires by 1995 that each and 50% city byand 2000 county in California reduce their waste stream by reduction. by recycling, reuse, diversion and source
Proposals are to be requested from interested parties to provide the full services necessary to divert the maximum amount of wood wastes, and tree yard wastes, stumps from the landfill and market the materials or products resulting from this diversion.
STRUCTURE OF AGREEMENT
Agency. The successful proposer will enter into an agreement with the Joint Powers The agreement will require the proposer to cooperate with and take direction from the County Public Works Director and his designees, the Recycling, Marketing, including and Solid Waste Manager. Additionally, the proposer must comply with all conditions of permits required for proposed activities.
SOURCE OF MATERIALS
Materials for the program will 'some from thc; following sources:
Healdsburg,
1. Four of the cities, Santa Rosa, Petaluma, Rohnert Park and Residents will will provide yard waste material from a curbside pick up program. picked
separate yard wastes into special containers which will be up by the franchise hauler for each city. This material will be delivered successfulbyproposer the haulers that to Central meets Landfill or other location specified by the with the Joint Powers Agency' s ( JPA' s) approval and has the proper zoning and permits. The County is moving to secure permits that would allow wood chipping, yard waste shredding, Central Landfill at 500 Mecham Road, and composting at the Petaluma.
2. At the Central Self haul Landfill vehicles and debris boxes coming to the Central Landfill. a spotter will be on site to ensure that the yard wastes for processing and woodunder wastes would this program. be diverted from the waste stream and set aside
Specific location will be established for the materials which can be chipped or shredded on site or taken to another location for processing.
REUSABLE MATERIALS
The Central Landfill
materials. currently has a reuse yard for sale of reusable The proposer will be material received for
required to set aside for resale reusable
processing. Reusable materials include dimensional lumber building materials, landscaping materials, materials. furniture and other similar Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Exhibit " B"
MARKETING AND END USE OF MATERIALS
Proposals shall include a plan for the marketing, materials. sales and end use of the Proposals shall include existing markets that proposer has for the various materials and- plans for the marketing and sales of all the materials to be generated and produced by the program. Proposals shall include a plan to avoid or utilize wood containing hazardous materials pentachlorphenol, such as creosote, CCA,
glues or other common potential contaminants. Since the end use of the product will affect AB 939, the marketing plan shall identify end County use andwill the get expected percentage under the and tonnage of AB 939 credit the cities and proposal. Firm contracts for specific materials and viability of the purchaser of the materials will be identified.
INFORMATION AVAILABLE TO PROPOSERS
SWGS) The cities and the County have available the Solid Waste Generation Study that was prepared by Emcon Associates 939. to meet the requirements of AB each entity. The SWAGS contains information on yard waste and wood waste generated by project and isThisnotinformation a guaranteeis made available for purposes of scope of the available for the
that these weights of materials will be program. Weights and amounts of materials will be the subject of discussion with the proposer selected for negotiations. Proposals shall assume a minimum annual tonnage of 20, 000 tons wood waste and 20, 000 tons yard waste and shall be capable of expanding to three ( 3) annual tonnage. times the minimum The County has available the number and size of tree stumps disposed of at the Central ILandfill during a recent twelve -month period.
In addition to this information, the cities and County will make available other information that is requested that falls within the Public Records Act.
PROPOSAL EVALUATION
proposers
Proposals
will
will be evaluated and from those proposals a number of the be selected for an interview by a commmittee. selected for an Each proposer interview will be given a proposed form of contract for approval which will be considered at the interview. the committee will Following the interviews, rate the proposals in order of negotiation. recommendation for After receiving authorization from the JPA, entered into with the number one negotiations will be rated firm. with If negotiations are unsuccessful the number one rated firm, negotiations will be entered second rated firm and so on. into with the LG / ST: Request for Proposals /Refuse / JPA Compost - Exhibit B Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
RST AMENDMENT TO
AGREES BETWEEN THE CITIES OF SONOMA COUNTY AND SONOMA COUNTY
FOR A JOINT POWERS AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES This First Amendment (the " Amendment "), dated as of ' , 192‘ is by and between the Cities ofthe County ofSonoma and the County o) onoma. Alf capitalized terms used herein shall, unless otherwise defined, have the meaning ascribed to those terms in the existing agreement.
RECITALS
WHEREAS, the Cities ofthe County of Sonoma and the County ofSonoma entered into that certain Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues ( "Agreement "); and WHEREAS, Section 40970 and following ofthe California Public Resources Code allows for jurisdictions to create regional agencies for the purpose ofimplementing, monitoring and reporting programs to meet the goals established by the Integrated Waste Management Act of 1989; and WHEREAS, the Participants will realize savings in stafftime and resources to meet the monitoring and reporting requirements ofthe Integrated Waste Management Act of 1989 ifthe Agreement is amended to form such a regional agency.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. Section 1 ofthe Agreement (Definitions) is hereby revised to add the following new definitions:
Act. The term "Act" means the California Integrated Waste Management Act of 1989 ( California Public Resources Code Section 40000 et sec,.) and all regulations adopted under that legislation and any amendments to that legislation and regulations."
Regional Agency. The term " Regional Agency" means the designation ofthe Sonoma County Waste Management Agency as a " Regional Agency" by the California Integrated Waste Management Board in compliance with Section 40975 of the Public Resources Code."
2. The following new section shall be added to the end of the Agreement as follows:
Section 27. Regional Agency
Formation of Regional Agency. The Participants hereby desire to use the structure of the Agency as a Regional Agency for purposes of Section 40971 of the Act. As a result, all Participants are hereby deemed to be member agencies of the Regional Agency.
1 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Civil Penalties. The Agency shall research the cause for which civil penalties are being levied.
Research may include, but is not limited to, any of the following: review of landfill disposal origin data, review of hauler origin data, performance of a solid Waste disposal study, performance of a solid waste characterization study and/ or performance of a solid waste diversion study. Agency shall coordinate with responsible Participant( s) of the Regional Agency and the California Integrated Waste Management Board to identify corrective steps that might be taken prior to assessment of penalties, if any. The Agency shall assign responsibility for payment of any civil penalties as follows:
a) that the Agency shall pay the entire ofthe penalty; or b) that an individual Participant is responsible for the assessment ofthe civil penalty and that the entire penalty shall be therefore imposed upon that Participant for payment of the penalty, or c) that multiple Participants, but not all Participants, are responsible for the assessment ofthe penalty and that the penalty shall be therefore allocated equally and imposed upon those responsible Participants.
Contingency Plan. Should the Regional Agency be dissolved for any reason, each Participant shall be responsible for complying with the requirements of the Act within their respective jurisdictional boundaries in accordance with the programs set out in the Regional Agency documents, such as Integrated Waste Management Plan Summary, Siting EIement, and Annual Reports for the Source Reduction and Recycling Element and Household Hazardous Waste Element, as they apply to individual jurisdictions.
Participant's Duties and Responsibilities. Each Participant is responsible for implementing the programs set forth in Regional Agency documents as they apply to individual jurisdictions, and each Participant is responsible for meeting the diversion requirements ofthe Act within its jurisdictional boundaries.
Planning and Monitoring Documents. The Source Reduction and Recycling Elements, Household Hazardous Waste Elements, the Non - Disposal Facility Elements, and the Countywide Integrated Waste Management Plan Summary and Siting Element shall serve as the planning and monitoring documents for the Regional Agency until such time as they are replaced by regional planning documents. The County's document shall serve as the document for the City ofWindsor. Henceforth, all necessary documentation shall be created by the Regional Agency."
3. Except to the extent the Agreement is specifically amended or supplemented hereby, the Agreement, together with exhibits is, and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall be construed to modify, invalidate or otherwise affect any provision of the Agreement or any right of Agency arising thereunder.
4. This Amendment shall be governed by and construed under the internal laws of the State of California, and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Sonoma.
IN WITNESS WHEREOF, the Participants have caused this Agreement to be executed by their respective governing officials duly authorized by resolution oftheir respective legislative bodies. 2 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
CITY •, ' OVERDALE
ATTESTED- C OF COTATI
by
Ai-1•ESTED° CITY OF HEALDSBURG
by
Ai 1'ESTED- CITY OF PETALUMA
by
Ai JESTED: CITY OF ROHNERT PARK
by
Ai irSTED- CITY OF SANTA ROSA
by
A1-1'ESTED- CITY OF SEBASTOPOL
by
Ai 1ESTED- CITY OF SONOMA
by
Ai JESTED- CITY OF WINDSOR
by
ATTESTED- COUNTY OF SONOMA
by
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
Agency Director
3 C
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Ai iESTED:
Ai i'ESTED:
CITY OF CLOVERDALE
by
CITY 0 C
it)._
T TI
by
Ai BESTED: CITY • F HEALDSBURG
by
ATTESTED: CITY OF PETALUMA
by
ATTESTED: CITY OF ROHNERT PARK
by
ATTESTED: CITY OF SANTA ROSA
by
Ai JESTED: CITY OF SEBASTOPOL
by
Ai TESTED:
Ai TESTED:
CITY OF SONOMA
by
CITY OF WINDSOR
by
ATTESTED:
APPROVED AS TO FORM:
COUNTY OF SONOMA
by
APPROVED AS TO SUBSTANCE:
Age Director
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Ai IESTED CITY OF CLOVERDALE
by
Al CITY OF COTATI I "ESTED:
by
ATTESTED: CITY OF
ATTESTEDby
Mayor
CITY OF PETALUMA
by
Ai i' .hSTED: CITY OF ROHNERT PARK
by
ATTESTED: CITY OF SANTA ROSA
by
AI TESTED: CITY OF SEBASTOPOL
by
Al iESTED: CITY OF SONOMA
i "ESTED:
Al
by
CITY OF WINDSOR
by
IESTED: COUNTY OF SONOMA
by
APPROVED AS TO FORM:
4 ,'/ 1 .%
Ag=V ' Counsel
APPROVED AS TO SUBSTANCE:
Agency Director
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTESTED: CITY OF CLOVERDALE
by
ATTESTED: CITY OF COTATI
by
ATTESTED:
ATTESTED:
CITY OF HEALDSBURG
by
CITY OF ETALI.- —
CITY OF ROHNERT PARK
by
Ai "' l'ESTED: CITY OF SANTA ROSA
by
ATTESTED: CITY OF SEBASTOPOL
by
ATTESTED: CITY OF SONOMA
by
AT1ES'i'ED: CITY OF WINDSOR
by
AT1"ES'i'ED: COUNTY OF SONOMA
by
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
AgencyDirector
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTESTED: CITY OF CLOVERDALE
by
Aii "ESTED: CITY OF COTATI
by
ATTESTED: CITY OF HEALDSBURG
by
1ESTED: CITY OF PETALUMA
by
Ai IESTED: C
AfiE
by
OHNERT PARK
MAYOR
CTTY OF SANTA ROSA
by
Al 1"ESTED: CITY OF SEBASTOPOL
by
Al TESTED:
ATTESTED:
AirESTED:
CITY OF SONOMA
by
CITY OF WINDSOR
by
COUNTY OF SONOMA
by
APPROVED AS TO FORM:
44frilit
APPROVED AS TO SUBSTANCE:
Agency Director
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Ai TESTED: CITY OF CLOVERDALE
by
AiThSTED: CITY OF COTATI
by
Ai TESTED: CITY OF HEALDSBURG
by
Ai-!"ESTED: CITY OF PETALUMA
by
Ai-1"ESTED: CITY OF ROHNERT PARK
by
ATTESTED: CITY 00A ROSA
i
by .: a * Lt_ dit . r:Vajf.
mxtyoi
Al i "ESTED: CITY OF SEBASTOPOL
ATTESTED:
ATTESTED:
by
CITY OF SONOMA
by
CITY OF WINDSOR
by
ATTESTED: COUNTY OF SONOMA
by
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
kdn y 2oun_ir
APPROVED AS TO FORM
CITY ATTORNEY - 5K.* 12- 04
BY -IL -
islav}- Uhl At#vfv
Agency Director
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTESTED: CITY OF CLOVERDALE
by
Ai TESTED: CITY OF COTATI
by
Ai-1 "ESTED: CITY OF HEALDSBURG
by
Al LUSTED: CITY OF PETALUMA
Al TESTED:
by
CITY OF ROHNERT PARK
by
Ai IESTED: CITY OF SANTA ROSA
by
ATTESTED:
Al TESTED:
ATTESTED:
Al `TESTED:
CITY OF SEBASTOPOL
by l
CITY OF SONOMA
by
CITY OF WINDSOR
by
COUNTY OF SONOMA
by
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
2‘
x
Agency DireEtor
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Ai TESTED: CITY OF CLOVERDALE
by
Ai i"ESTED: CITY OF COTATI
by
ATTESTED: CITY OF HEALDSBURG
by
Ai TESTED: CITY OF PETALUMA -
by
Al i bSTED: CITY OF ROHNERT PARK
by
Al TESTED: CITY OF SANTA ROSA
by
ATTESTED: CITY OF SEBASTOPOL
by
Ai TESTED: CITY OF SONOMA
Ai TESTED:
by
CITY OF WINDSOR
by
Ai°iESTED: COUNTY OF SONOMA
by
APPROVED AS TO FORM:
41 Agr " ounsel
APPROVED AS TO SUBSTANCE:
Agency Director
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTESTED: CITY OF•CLOVERDALE
by
ATTESTED: CITY OF COTATI
by
ATTESTED: CITY OF HEALDSBURG
by
ATTESTED. CITY OF PETALUMA
by
ATTESTED. CITY OF ROHNERT PARK
by
ATTESTED: CITY OF SANTA ROSA
by
ATTESTED• CITY OF SEBASTOPOL
by
AT 1ES 1'ED: CITY OF SONOMA
by
D: OF WINDS R /(
11-2
ATTESTS
lI
AT1ESIED:
by
COUNTY OF SONOMA
by
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
Agency Di ctor
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Al i"hSTED: CITY OF CLOVERDALE
by
Ai TESTED: CITY OF COTATI
by
ATTESTED: CITY OF HEALDSBURG
by
Ai ir.STID' CITY OF PETALUMA •
by
Ai i.h.STED: CITY OF ROBNERT PARK
by
Ai1'ESTED: CITY OF SANTA ROSA
by
AiT1"r.STED:
Ai TESTED:
CITY OF SEBASTOPOL
by
CITY OF SONOMA
by
ATTESTED:
ATTESTED:
APPROVED AS TO FORM:
A 4t I
A '* / ourse(
CITY OF WINDSOR
by
COUNTY OF SONOMA
APPROVED AS TO SUBSTANCE:
Agency llli.rector
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
SECOND AMENDMENT TO
AGREEMENT BETWEEN THE CITIES OF SONOMA COUNTY AND SONOMA
COUNTY FOR A JOINT POWERS AGENCY TO DEAL WITH WASTE
MANAGEMENT ISSUES
THIS SECOND AMENDMENT ( "AMENDMENT ") to the Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues, dated as of Z17 , 20 Iis by and between the Cities and Town of Sonoma County and. the County of Son6ma.
RECITALS'
WHEREAS, the Cities and Town of Sonoma County and the County of Sonoma entered into that certain Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers.
Agency to Deal with Waste Management Issues (Agreement "); and WHEREAS, it has become necessary to clarify certain provisions ofthe Agreement.
NOW, THEREFORE; for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do agree as follows:
AGREEMENT
I . Section 2 ofthe Agreement'(Purpose ofAgreement) is hereby amended to read as follows:
Section 2. Purpose ofAgreement
The purpose ofthis Agreement is to create the Sonoma County Waste Management Agency and to describe the terms and provisions by which the Agency will handle the four (4) initial programs: ( 1) household hazardous waste; ( 2) wood waste; ( 3) yard waste that otherwise would go to a landfill; and (4) education about the Agency' s programs Pursuant to the terms ofthis Agreement, the Participants may agree, in writing, to additional duties, responsibilities, and programs, including any program enacted by ordinance. Each Participant executing this Agreement may elect to participate in any or all ofthe Agency' s non- core programs, including any single use carryout bag ordinance. Core programs are defined to be, household hazardous waste, wood waste, yard waste, education and required reporting. Should any Participant elect to not participate in a non -core program.; including, any single use carryout bag ordinance, there will be no reduction in the Participant' s fiscal participation."
2. Section 14 ofthe .Agreement ( Joint Powers Agency Authority to Adopt Regulations) is hereby amended to read as follows:
Section 14. Joint Powers Agency Authority to Adopt Regulations 1-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Participants agree that the primary purpose of this Agreement is to create an Agency to treat wood waste and yard waste, to collect, store, and dispose of household hazardous waste, to educate the public regarding waste issues, and, pursuant to the terms ofthis Agreement, including any Amendments, to adopt any future programs the Board determines are needed or desirable. The Joint Powers Agency may, from time to time, adopt uniform rules and regulations, in any form, including orders, resolutions and ordinances, to carry out these purposes."
3. Except to the extent the Agreement is specifically amended hereby, the Agreement, together with exhibits and the First Amendment is, and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall be construed to modify, invalidate or otherwise affect any provision of the Agreement or any right ofthe,.Agency.arising ftreunden
4. This Amendment shall be governed by and construed under the laws of the State of California and any action to enforce the terms of this Amendment or for the breach thereof shall. be brought and tried in the County of Sonoma. 2-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution oftheir respective legislative bodies.
C' Tr MEALE ATTESTED:
Bts i
Z
I Ci erk " ty Cl—ale
CITY OF COTATI ATTESTED:
By:
Its: City Clerk
CITY OF HEALDSBURG ATTESTED:
Its: City Clerk
CITY OF PETALUMA ATTESTED:
By:
Its: City Clerk
CITY OF ROHNERT PARK ATTESTED:
By:
Its: City Clerk
CITY OF SANTA ROSA ATTESTED:
By:
Its: City Clerk
CITY OF SEBASTOPOL ATTESTED:
By:
Its: City Clerk
CITY OF SONOMA ATTESTED:
By:
Its: City Clerk
COUNTY OF SONOMA ATTESTED:
By:
Its: City Clerk
TOWN OF WINDSOR ATTESTED:
By:
Its: City Clerk
3-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
CITY OF CLOVERDALE ATTESTED:
By:
Its: City Clerk
CITY OF CO ATI ATTESTED:
By: ,
Its: ` . t LR" ( City Clerk
CITY OF HEALDSBUR.G ATTESTED:
By:
Its: City Clerk
CITY OF PETALUMA ATTESTED:
By:
Its: City Clerk
CITY OF ROHNERT PARK ATTESTED:
By:
Its: City Clerk
CITY OF SANTA ROSA ATTESTED:
By:
Its: City Clerk
CITY OF SEBASTOPOL ATTESTED:
By:
Its: _ City Clerk
CITY OF SONOMA ATTESTED:
By: _
Its: City Clerk
COUNTY OF SONOMA ATTESTED:
By:
Its: City Clerk
TOWN OF WINDSOR ATTESTED:
By:
Its: City Clerk
3-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
regulations, in any form, including orders, resolutions and ordinances, to carry out these purposes.'
3. Except to the extent the Agreement is specifically amended hereby, the Agreement, together with exhibits and the First Amendment is, and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall be construed to modify, invalidate or otherwise affect any provision of the Agreement or any right of the Agency arising thereunder.
4. This Amendment shall be governed by and construed under the laws of the State of California and any action to enforce the terms of this Amendment or for the breach thereof shall be brought and tried in the County of Sonoma.
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective . governing officials duly authorized by resolution of their respective legislative bodies— _._... ... .
CITY OF CLOVERDALE
By:
Its
CITY OF COTATI
By:
Its:
CITY OF PETALUMA
By:
Its:
CITY OF ROHNERT PARK
By:
Its:
CITY OF SANTA ROSA
By:
Its:
CITY OF SEBASTOPOL
By:
Its:
CITY OF SONOMA
By:
Its:
ATTESTED:
City Clerk
ATTESTED:
City Cleric
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
A'T'TESTED:
City Clerk
ATTESTED:
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution oftheir respective legislative bodies.
CITY OF CLOVERDALE ATTESTED:
By;
Its:
CITY OF COTATI
By;
Its:
CITY OF HEALDSBURG .
By:
Its:
Its: CcJ2t 1Alt,ti - Cleo°
CITY OT',ROHNERT PARK
By:
Its:
CITY OF SANTA ROSA
By: _
Its:
CITY OF SEBASTOPOL
By:
its:
CITY OF SONOMA
By:
Its:
COUNTY OF SONOMA
By;
Its:
TOWN OF WINDSOR
By:
Its:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
MTE
L
City Clerk
3-
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
CITY OF CLOVERDALE ATTESTED:
By:
Its: City Clerk
CITY OF COTATI AZ -NESTED:
By:
Its: City Clerk
CITY OF HEALDSBURG ATTESTED:
By:
Its: City Clerk
CITY OF PETALUMA ATTESTED:
By:
Its: City Clerk
CITY ROH E T PARK ATTESTED:
By: 50'4'v
Its: C" t & &¢ ey City Clerk
CITY OF SANTA ROSA ATTESTED:
By:
Its: City Clerk
CITY OF SEBASTOPOL ATTESTED:
By:
Its: City Clerk
CITY OF SONOMA ATTESTED:
By:
Its: City Clerk
COUNTY OF SONOMA ATTESTED:
By: Y
Its: City Clerk
TOWN OF WINDSOR ATTESTED:
By:
Its: City Clerk
3-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
CITY OF CLOVE.R.DALE ATTESTED:
By:
Its: City Clerk
CITY OF COTATI ATTESTEDBy:
Its: City Clerk
CITY OF HEALDSBURG ATTESTED:
By:
Its: City Clerk
CITY OF PETALUMA ATTESTED:
By=
Its: City Clerk
CITY OF ROHNERT PARK A'T'TESTED:
By:
Its: City Clerk
CITY OF SANprTA OSA
B3
Its: 4- 1 - A _ — rCITY OF SEBASTOPOL
By:
Its:
CITY OF SONOMA
By:
Its:
COUNTY OF SONOMA
By:
Its:
TOWN OF WINDSOR
By:
Its:
t
1 i r
01070MI
3-
ATTESTED; `
City Clerk
ATTESTED:
City Clerk
AT'T'ESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution oftheir respective legislative bodies..
CITY OF CLOVERDALE A171'ESTED:
By:
Its: City Clerk
CITY OF COTATI ATTESTED:
By:
Its: City Clerk
CITY OF HEALDSBURG ATTESTED:
By:
Its: City Clerk
CITY OF PETALUMA ATTESTED:
By:
Its: City Clerk
CITY OF ROHNERT PARK ATTESTED:
By:
Its: City Clerk
CITY OF SANTA ROSA ATTESTED:
By:
Its: City Clerk
CI a L A
BY —
Its: C4 Clerk
CITY OF :SONOMA ATTESTED:
By:
Its: City Clerk
COUNTY OF SONOMA ATTESTED:
By:
Its: City Clerk
TOWN OF WINDSOR ATTESTED:
m3-
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
CITY OF CLOVERDALE ATTESTED:
By:
Its: City Clerk
CITY OF COTATI ATTESTED:
By:
lts.: City Clerk.
CITY OF HEALDSBUR.G ATTESTED:
By:
its: City Clerk
CITY OF PETALUMA ATTESTED:
By:
Its: City ClerkCITY OF ROHNERT.PARK ATTESTED:
By:
Its: City Clerk
CITY OF SANTA ROSA ATTESTED:
By: _
Its: City Clerk
CITY OF SEBASTOPOL ATTESTED :.
By:
Its: City Clerk
CITY, OF O OA ATTESTEDByits., Ci : Mana er aCWj Clerk COUNTY OF SONOMA ATTESTED:
By:
Its: City Clerk
TOWN OF WINDSOR ATTESTED:
By: _
Its: City Clerk
3 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
iN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution of their respective legislative bodies.
CITY OF CLOVERDALE ATTESTED:
By:
Its: City Clerk
CITY OF COTATI
By:
Its:
CITY OF HEALDSBURG
By:
Its:
CITY OF PETALUMA
By:
Its:
CITY OF ROHNERT PARK.
By:
Its:
CITY OF SANTA ROSA
By:
Its:
CITY OF SEBASTOPOL
By: _
Its:
CITY OF SONOMA
By:
Its:
NTY C A
Its:
TOWN OF WINDSOR
By:
Its:
3-
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk ,
ATTESTED:
City Clerk
ATTESTED:
3Y' 1 I rL , C4 is r h t 1
County Clerk
ATTESTED:
City Clerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their respective governing officials duly authorized by resolution of their respectiz7e .legislative bodies.
CITY OF CLOVERDALE ATTESTED:
By:
Its: City Clerk
CITY OF COTATI
By:
Its:
CITY OF HEALDSBURG
By:
Its:
CITY OF PETALUMA
By;
Its:
CITY OF ROHNERT PARK
By:
Its:
CITY OF SANTA ROSA
By.
Its:
CITY OF SEBASTOPOL
By:
Its:
CITY OF SONOMA
By:
Its:
COUNTY OF SONOMA
By:
Its:
TOWN 0 DSOX
By:
Its: y Vu71 f lGi %l r
ATTESTED:
City Clerk
ATTESTED:
City ClerkATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
ATTESTED:
City Clerk
AT"T"ESTED:
City Clerk
ATTESTED:
Mi
City Clerk
C! lerk
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
FOR THE SONOMA COUNTY WASTE MANAGEMENT
AGENCY
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT ("Agreement') is made and entered into as of March 1, 2017 ("Effective Date"), by and among the County of Sonoma, a political subdivision of the State of California, the City of Cotati, a California municipal corporation, the City of Cloverdale, a California municipal corporation, the City of Healdsburg, a California municipal corporation, the City of Petaluma, a California municipal corporation, the City of Rohnert Park, a California municipal corporation, the City of Santa Rosa, a California municipal corporation, the City of Sebastopol, a California municipal corporation, the City of Sonoma, a California municipal corporation, and the Town of Windsor, a California municipal corporation ( collectively "Members" and each individnally a "Member").
RECITALS
A. The Members are authorized and empowered to contract with each other for the joint exercise of powers pursuant the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) (the "JPA Act").
B. The California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) (the "Integrated Waste Management Act") requires Members to divert recyclable and recoverable materials from the waste stream and to cooperate to achieve certain waste diversion goals.
C. On or before September 9, 1992, the Members entered into that certain Agreement between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal With Waste Management Issues (Wood Waste, Yard Waste, Household Hazardous Waste, and Pnblic Education) (the "Original Agreement") to enable the Members to jointly exercise their powers to address issues related to the management of wood waste, yard waste and household hazardous waste and to provide public education related to waste diversion within the Members' jurisdictions.
D. The Original Agreement created a separate public entity known as the Sonoma County Waste Management Agency (the "Agency") to implement the purposes of the Original Agreement.
E. On January 24, 1996, the Members entered into that certain First Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues (the "First Amendment").
F. On March 27, 2014, the Members entered into that ce1iain "Second Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste Management Issues (the "Second Amendment"). 1/13/2017
38074.00001'2930728610
1 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
G. The Members desire to continue to jointly exercise common powers and authority through the Agency and to amend and restate the terms of Original Agreement as amended by the First Amendment and the Second Amendment, as with respect to the tenns and provisions set forth herein.
AGREEMENT
NO\V THEREFORE, in consideration of the matters recited and the mutual promises, covenants, and conditions set forth in this Agreement, the Members hereby agree as follows:
1. DEFINITIONS
As used in this Agreement, unless the context requires otherwise, the meaning of the terms hereinafter set forth shall be as follows:
A "Agreement" means this Amended and Restated Sonoma County Waste Management Agency Joint Exercise of Powers Agreement.
B. "Agency" shall mean the Sonoma County Waste Management Agency, which is a separate entity created by this Agreement pursuant to the provisions of California Government Code sections 6500 et seq.
C. "Board of Directors" or "Board" shall mean the governing body of the Agency as established by Section 7 of this Agreement.
D. "Bylaws" shall mean the bylaws adopted by the Board of Directors pursuant to Section 9.05 of this Agreement to govern the day-to-day operations of the Agency.
E "Director" and "Alternate Director" shall mean a Director or Alternate Director appointed by a Member pursuant to Section 7 .B of this Agreement.
F. "First Amendment" shall have the meaning set forth in Recital E.
G. "Fiscal Year" shall mean that period of 12 months established as the Fiscal Year of the Agency pursuant to Section 12.B of this Agreement.
H "Food Waste" shall mean a waste material of plant or animal origin that results from the preparation or processing of food for animal or human consumption; and that is separated from the municipal solid waste stream. Food waste includes, but is not limited to, food waste from food facilities as defined in Health and Safety Code section 113789 (such as restaurants), food processing establishments as defined in Health and Safety Code section 111955, grocery stores, institutional cafeterias (such as, cafeterias in prisons, schools and hospitals), and residential food scrap collection. Food waste does not include any material that is required to be handled only pursuant to the California Food and Agricultural Code and regulations adopted pursuant thereto.
I "Hazardous Waste" shall mean waste as defined in Section 40141 of the Public Resources Code and Section 25117 Health and Safety Code that is, waste or combination of 2 1/13/2017
38074.0000 l \29307286. l 0
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following: (i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of: or otherwise managed.
J. "Household Hazardous Waste" shall mean waste materials detennined by the California Department of Resources Recycling and Recovery, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be of such a nature that they must be listed as hazardous in state statutes and regulations, and which are toxic/ignitable/corrosive/reactive, or carcinogenic/mutagenic/teratogenic; and are discarded from householders as opposed to businesses.
K "Integrated Waste Management Act" shall mean the California Integrated Waste Management Act of 1989, set forth at California Public Resources Code Section 40000 et seq., including all laws and regulations supplemental thereto, as they may be amended from time to time.
L "JP A Act" shall mean the Joint Exercise of Powers Act, set forth at California Government Code, sections 6500, et seq., including all laws and regulations supplemental thereto, as they may be amended from time to time.
M "Member" or "Members" shall mean the agencies as listed in the preamble of this Agreement, above.
N. "Original Agreement" shall have the meaning set forth in Recital C.
0. "Regional Agency" shall mean the designation of the Agency as a "Regional Agency" by the California Integrated Waste Management Board in compliance with Public Resources Code Section 40975.
P. "Residential Food Waste" shall mean Food Waste generated by people residing within the Members' jurisdictions who own or occupy single family homes or residential stmctures with no more than four separate residential living units.
Q. "Second Amendment" shall have the meaning set forth in Recital F.
R "Wood Waste" shall mean solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, process or storage of raw wood materials, or construction and demolition activities.
S. "Yard Waste" shall mean any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including but not limited to, yard clippings, leaves, tree trimmings, pmning, bmsh, and weeds.
T.
2. PURPOSE
A. Amended and Restated Agreement. The purpose of this Agreement is to modify 3 1/13/2017
]8074.00001129307286.] 0
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
and amend the Original Agreement with respect to the purposes, membership, governance, administration and operation of the Agency, and to allow the Agency to continue operations for an extended term as set fmih herein. The tenns and provisions of this Agreement replace the Original Agreement as amended by the First Amendment and the Second Amendment in its entirety. Unless expressly stated herein, this Agreement does not affect any of the Agency's contracts, debts, revenues, claims, obligations, policies, procedures or bylaws that pre-date this Agreement, which will continue to remain in full force and effect in accordance with their tenns and/or applicable law.
B. Continuation of the Sonoma County Waste Management Agency as a Separate Public Entity. The Members created the Agency as a distinct public entity, separate and apart from the Members, pursuant to and in accordance with the provisions of the JP A Act. It is the intent of the Members that under this Agreement the Agency shall continue as a distinct public entity under the JPA Act and other applicable law.
C. Core Programs. The Agency has the authority to provide the following core programs to the Members: (1) Provide for the recycling and disposal of Household Hazardous Waste from the Members' jurisdictions (the "Household Hazardous Waste Program"); (2) provide services and programs to provide for or facilitate the diversion of organic material, including but not limited to Yard Waste and Wood Waste (the "Organic Materials Program"); (3) provide education regarding recycling, composting and other methods of waste diversion to Members and the public (the "Education Program"); and ( 4) conduct, prepare and submit all monitoring and reporting as a Regional Agency as required pursuant to the Integrated Waste Management Act (the "Reporting Program"). The Agency may not add to or eliminate these core programs except by amendment of this Agreement. The Core Programs are further described in Section 4 of this Agreement.
D. Additional Programs. The Agency may conduct additional planning activities and development of regional programs that are related to the furtherance of increasing waste diversion within the Members' jurisdictions, provided that implementation of any regional program or plan developed by the Agency within any individual Member's jurisdiction shall be subject to the review and approval of the Member's governing body. The Additional Programs are further described in Section 5 of this Agreement.
3. POWERS
A. General Powers. The Agency shall have the powers common to the Members to this Agreement that are necessary or convenient to the implementation and ongoing operation of the Core Programs and Additional Programs, as well as other powers accorded to it by law, subject to the restrictions set forth herein.
B. Specific Powers. The Agency is authorized in its own name to perfonn all acts necessary for the exercise of common powers to can-y out this Agreement, including but not limited to the following:
1. To make and enter into contracts;
1/13/2017
38074.00001\29307286.10
4 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
11. To employ agents and employees;
iii. To obtain legal, financial, accounting, technical and other services as needed to can-y out its purposes;
1v. To acquire, construct, manage, maintain and operate any buildings, works, or improvements;
v. To acquire, hold, lease or dispose of property;
v1. To incur debts, liabilities, and obligations;
vii. To impose, levy, collect or cause to be collected, to receive and use charges and fees as provided by law;
viii. To accumulate operating and reserve funds and invest the same as allowed by law for the purposes of the Agency.
ix. To apply for, accept and receive all permits, grants, loans or other aids from any federal, state or local public agency;
x. To receive donations of property, funds, services and other forms of financial assistance from any person, entity or agency; xi. To invest money that is not needed for immediate necessities, as the Board detennines to be advisable, in the same manner and upon the same conditions that apply to other local agencies as specified in Section 53601 of the Govenunent Code. x11. To sue and be sued in its own name;
x111. To promulgate, adopt and enforce any by-laws, rules, regulations, policies and procedures in accordance with Section 5 of this Agreement as may be necessary and proper to implement and effectuate the terms, provisions and purposes of this Agreement; and
x1 v. To carry out any power necessary or incidental to the foregoing powers in the manner and according to the procedures provided for under the law applicable to the Members to this Agreement and to perform all other acts necessary or proper to fully carry out the purposes of this Agreement.
C. Restriction on Exercise of Powers. Pursuant to the JP A Act, all common powers 1113/2017
38074.00001\29307286. l 0
5 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
exercised by the Agency shall be exercised in a manner consistent with, and subject to, the restrictions and limitations upon the exercise of such powers as are applicable to the County of Sonoma.
4. CORE PROGRAMS
A. Household Hazardous Waste Program. Pursuant to a license agreement between the Agency and the County of Sonoma, the Agency operates a program at the Sonoma County Central Landfill (the "Central Landfill") for the collection and storage of Household Hazardous Waste. The Agency separately contracts with an operator to collect, sort, store, package and transfer the Household Hazardous Waste collected by designated haulers and other entities approved by the Agency, and from members of the public who are residents of a Member.
Hazardous Waste generated by small quantity generators may be accepted, but shall be funded entirely by the generators using the service. The Household Hazardous Waste Program shall continue to exist and operate in compliance with all applicable laws, rules and regulations and in substantially the same manner as on the Effective Date of this Agreement, provided that the Agency Board shall be permitted to change the location of the program or add additional locations from time to time, as deemed necessary or convenient by the Agency Board, and to make other changes to the program as necessary to ensure continued compliance with all applicable laws, rules and regulations.
B. Organic Materials Program. The Agency has the authority to operate a program for the diversion of organic material, including but not limited to yard waste and wood waste. i. Current Program. As of the Effective Date, the Agency operates a program for the collection and processing of Yard Waste, Residential Food Waste and Wood Waste received at the Central Landfill or the Annapolis, Guemeville, Healdsburg and Sonoma Transfer Stations ( collectively, the 'Transfer Stations") from any source within the jurisdictions of the members that participate in the program (the "Current Composting Program"). The Current Composting Program is and shall continue to be funded by a tonnage disposal fee levied against Yard Waste, Residential Food Waste and Wood Waste received at the Central Landfill and the Transfer Stations. The Agency shall continue to operate the Current Composting Program, provided that the Agency may from time to time change the locations at which the Yard Waste, Residential Food Waste and Wood Waste are received, until such time that: (i) The Agency and/or individual Members have developed and implemented an alternative program or programs that provides for the diversion of organic material, including, at a minimum, Yard Waste, Residential Food Waste and Wood Waste, for all of the Members as contemplated in Section 4.B.iii below, or (ii) each of the Members has withdrawn from the Current Composting Program, as permitted under Section 4.B.ii below.
ii. Withdrawal.from Current Program. Any of the Members may withdraw from the Current Composting Program upon ninety (90) days written notice to the Agency.
Upon withdrawal from the Current Program, the withdrawing Member shall no longer be permitted to deliver Yard Waste, Residential Food Waste and Wood Waste to the Central Landfill or Transfer Stations for processing. A Member that has withdrawn from the 6 1/13/2017
J 8074.00001\29307286.10
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Current Composting Program or is not participating as of the Effective Date, may rejoin the Current Composting Program if such request to rejoin is approved by the Agency Board. Even if all Members withdraw from the Current Program, the Agency shall retain the authority set forth in snbsection iii below, even if that authority is not exercised. The withdrawal of all Members from the Current Program shall not constitute an elimination of the Organic Materials Program requiring an amendment to this Agreement. 111. Alternative Organic Materials Programs. 1l1e Agency shall have the authority, at the direction of the Agency Board, to solicit information and/or request proposals for alternative programs for diversion of organic materials to serve some or all of the Members. The Agency shall serve as a resource to its Members in developing solutions for the diversion of organic materials that will serve the region, either through the development of a single regional organic materials program or multiple programs serving individual Members or groups of Members, including providing advice and expertise to such Members, as directed by the Agency Board. The Agency shall further have the ability to develop and implement an alternative organic materials program that serves the Members or a portion of the Members, provided that any such program shall be implemented through a separate agreement or amendment to this Agreement, and shall be approved by the governing board of each participating Member, and any Member that is not participating in such a future organic materials program shall not have any obligations, financial or otherwise, pursuant to such future organic materials program.
C. Education Program. The Agency provides information and education to individuals using the Agency's services and individuals who live or work in the Members' jurisdictions in order to maximize use of the Agency's programs, encourage recycling and other fonns of waste diversion, and otherwise further the purpose and goals of the Agency. The Education Program shall continue to exist and the Agency shall continue to operate such program in compliance with all applicable Jaws, rules and regulations in furtherance of the Agency's purposes and goals, as directed by the Agency Board.
D. Reporting Program.
i. Regional Agency. The Agency is and shall continue to be a Regional Agency for purposes of Section 40971 of the Integrated Waste Management Act, and the Members are member agencies of the Regional Agency, and shall conduct all reporting required for a Regional Agency in accordance with the Integrated Waste Management Act. ii. Civil Penalties. In the event any civil penalties are levied against the Agency pursuant to the Integrated Waste Management Act, the Agency shall research the cause for which civil penalties are being levied. Research may include, but is not limited to, any of the following: Review of landfill disposal origin data, review of hauler origin data, performance of a solid waste disposal study, perfonnance of a solid waste characterization study and/or performance of a solid waste diversion study. Agency shall cooperate with Members, the responsible Member(s) and regulators to identify corrective steps that might be taken prior to assessment of penalties, if any. The Agency shall assign responsibility for payment of any civil penalties as follows: ( a) The Agency shall pay the 1/13/2017
38074.00001129307286.10
7 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
entire penalty, or (b) an individual Member is responsible for the assessment of the civil penalty and the entire penalty shall therefore be imposed upon that member for payment of the penalty; or (c) multiple Members, but not all Members, are responsible for the assessment of the penalty and the penalty therefore shall be allocated equally upon those responsible Members, or (d) the Agency and the individual Members which are also responsible for the penalty shall pay the penalty in amounts proportionate to their responsibility for the penalty. Before apportioning a penalty to one or more Members pursuant to this Section, the Agency shall provide written notice to such Members that explains the basis for apportionment of responsibility for the penalty, and shall provide an oppmiunity for a hearing before the Agency Board prior to assessment of any such penalty.
iii. Contingency Plan. Should the Agency be dissolved for any reason, or should a Member withdraw from this Agreement, each Member or the former Member shall be responsible for complying with the requirements of the Integrated Waste Management Act within their respective jurisdictional boundaries in accordance with the programs set out in the Agency's documents.
iv. Members' Duties and Responsibilities. Each Member is responsible for implementing and meeting the mandated diversion requirements within its jurisdictional boundmies.
S. ADDITIONAL PROGRAMS
A. Authority to Develop Additional Programs. The Agency has the authmity to develop and implement Additional Programs that are related to the Agency's overarching purpose of increasing waste diversion in the jurisdictions of the Members. The types of Additional Programs authmized under this section include, but m·e not limited to, development of model ordinm1ces related to waste diversion which may be considered by the legislative bodies of the Members; implementation of waste diversion programs in Member jurisdictions that are adopted pursuant to such model ordinances; development of or participation in regional plans or efforts to reduce the amount of recyclable, compostable or hazardous materials in the region's solid waste stream; and researching and disseminating information to the Members regarding methods to reduce solid waste and increase waste diversion in the region.
B. Approval by Members Prior to Implementation in Specific Jurisdictions. The implementation of any Additional Programs developed pursuant to this Section 5 in individual jurisdictions, including but not limited to ordinances, regulations or similar legislative actions, shall be subject to the approval of such Member prior to implementation of such program in the Member's jurisdiction. The Agency additionally may enter into agreements with individual Members to implement and/or participate in the enforcement of such pro grains.
C. Costs ofimplementation of Additional Programs. In the event that individual Members approve an additional program developed by the Agency pursuant to this Section and desire that the Agency implement and/or participate in the enforcement of such program within the Member's jurisdiction, each individual Member shall bear the reasonable cost of the Agency's 8 1/1312017
38074.0000 I \29307286.10
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
implementation and/or enforcement of any additional program in their respective jurisdictions. The reasonable cost of implementation and/or enforcement within a Member's jurisdiction shall be detennined by the Agency and shall be paid by the Member in accordance with the terms of an agreement entered into between the Agency and Member pursuant to Subsection 5 .B, or if all Members patiicipate in the additional program such costs of implementation may be paid directly by the Agency. The costs of implementation and/or enforcement of an additional program which shall be borne by individual Members based on this Subsection 5.C specifically exclude the cost of development of the additional program, including but not limited to staff, consultant and legal costs incurred in the research, preparation and drafting of the additional program, environmental analysis required prior to the adoption of the program, including but not limited to analysis in accordance with the California Environmental Quality Act (Public Resources Code §§21000 et seq.), and the cost to indemnify, defend and hold hannless individual members that are made party to any claim, suit or similar proceeding challenging the validity of the additional program.
D. Additional Programs Included in Budget. The cost of development and/or implementation of any Additional Programs pursuant to this Section 5 shall be included in the Agency Budget.
6. EFFECTIVE DA TE AND TERM
A. Effective Date. This Agreement shall become effective on March I, 2017, or the date upon which all authorized representative of all the Members have executed this Agreement, whichever is later. Such date shall be the "Effective Date" for purposes identified herein.
B. Term. TI1e Agreement shall remain effective until the Agency is dissolved pursuant to the provisions set forth in Section 1 O.F, subject to the rights of individual Members to withdraw from the Agency.
7. AGENCY BOARD
A. Board of Directors. The Agency is governed at1d administered by a Board of Directors ("Board") that is composed of one voting seat per Member.
B. Directors m1d Alternates. Each Member shall appoint one Director and at least one Alternate Director to the Board. One of the Alternate Directors, as directed by the Member, shall serve and assume the rights and duties of the Director when the Director is unable to attend a Board meeting. The Primary and Alternate Directors shall be either an elected or appointed members of the Member's governing body, or an employee of the Member. Directors at1d Alternate Directors shall serve at the pleasure of the Member appointing them and they may be removed at any time, with or without cause, in the sole discretion of the Member. Each Director and Alternate Director shall hold office until their successor is selected by the Member and the Agency has been notified of the succession. In the event that a Director or Alternate Director loses their position as a member of their appointing body's governing body or as a Member employee, that Director or Alternative Director position shall become vacant and the governing body of that 1/13/2017
38074.00001129307286. l 0
9 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Member shall appoint a new Director or Alternative Director.
C. Agency Officers. The Board of Directors shall select, from among themselves, a Chair who shall be the presiding officer of all Board of Directors meetings, a Vice Chair who shall serve in the absence of the Chair and a Chair Pro Tempore who shall serve in the absence of both the Chair and the Vice Chair. In addition, the Board of Directors shall appoint a Clerk (who need not be a Director) to be responsible for keeping the minutes of all meetings of the Board and posting agendas.
D. Board Committees. The Board of Directors may from time to time appoint one or more advisory committees or establish standing or ad hoc committees to assist in carrying out the purposes and objects of the Authority. The Board shall determine the purpose and need for such committees.
E. No Personal Liability of Board Members. Under the JPA Act, no Director shall be personally liable for any debts, obligations or liabilities of the Agency, nor subject to any personal liability or accountability by reason of the Agency's incurrence of debts, obligations or liabilities.
8. BOARD MEETINGS AND VOTING
A. Regular Meetings. The Board shall hold its regular meetings pursuant to a meeting schedule as established by resolution of the Board, but may cancel such regular meetings as it deems necessary or appropriate.
B. Special Meetings. Special meetings of the Board may be called by the Chair or as provided for in the Rules of Governance adopted by the Board.
C. Call, Notice and Conduct of Meetings. All meetings of the Board shall be noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq.
D. Quorum. Five Board members shall constitute a quorum of the Board.
E. Voting Regular Items. An affirmative vote of at least a majority of the Board members attending a meeting is required for the Agency to take any action.
F. Super-Majority Vote Items. A super-majority vote, which for purposes of this Agreement constitutes a vote of 8/10 of all members of the Board ( currently 8 of 10 members) is required for the Agency to take action on any of the following items:
1. Approval or amendment of the Agency Budget;
1/13/2017
]8074.00001129307286.10
10 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
11. Incurrence of debt from public or private lending or financing sources in an amount of $250.000 or more;
111. Authorization of expenditures of $250,000 or more to a single source within a single fiscal year;
1v. Any increase in fees or imposition of any new fees.
G. Unanimous Vote Items. A unanimous vote is required for the Agency to acquire any interest in real property with a value of $250,000 or more.
H. Public Meeting for Periodic Review of Agreement. The Board shall conduct a public meeting not less than once every ten ( 10) years following the Effective Date to review the terms and conditions of this Agreement and discuss whether any amendments to this Agreement are necessary or advisable. At such public meeting the Executive Director and Agency Counsel shall make a report to the Board recommending any amendments to the Agreement, and if directed by the Board shall draft proposed amendments to this Agreement for consideration by the governing boards of each Member. This section shall not preclude the Members from making amendments of this Agreement at other times as deemed necessary or appropriate by the Members, in accordance with Section 13.B of this Agreement.
9. OPERATIONS AND MANAGEMENT.
A. Executive Director. The Agency may appoint an Executive Director, from timeto-time as and when it deems appropriate. If appointed, the Executive Director shall serve at the pleasure of the Board of Directors and his or her duties and responsibilities shall be set forth via a vote of the Board.
B. Legal Counsel and Other Officers. The Agency may appoint Agency Legal Counsel who shall serve at the pleasure of the Board via a vote of the Board. Subject to the limits of the Agency's approved budget, the Board shall also have the power to appoint and contract via a vote of the Board for the services of other officers, consultants, advisers and independent contractors as it may deem necessary or convenient for the business of the Agency, all of whom shall serve at the pleasure of the Board.
C. Treasurer, Controller and Annual Audit. The Sonoma County AuditorController-Treasurer-Tax Collector shall act as the Treasurer and Controller for the Agency. The Treasurer and Controller shall perfonn all usual and customary duties of their offices for the Agency, including but not limited to receiving all deposits, issuing warrants per direction, and other duties specified in Government Code section 6505.5. The Board may transfer the responsibilities of the Treasurer and/or Controller to any other person or entity as the law may provide at the time (see e.g., Government Code section 6505.5). The Board shall cause an independent annual audit to be made by a certified public accountant, or public accountant, in compliance with Government Code section 6505.
111312017
38074.00001129307286.10
11 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
D. Emplovees and Management. In addition to, or in lieu of, hiring employees, the Agency may engage one or more Members to manage any or all of the business of the Agency or to provide employees to manage any or all of the business of the Agency on terms and conditions acceptable to the Board of Directors. Any Member so engaged shall have such responsibilities and shall be compensated as set forth in the agreement for such Member's services entered into by and between such Member and the Agency, which agreement shall be approved by the Board.
Notwithstanding the foregoing, the Director appointed by the Member providing such services shall not vote on the agreement to provide such services.
E. Other Agency Services. The Agency may further engage one or more Members to provide additional services and resources as necessary or desirable for the administration of the Agency, including but not limited to building use, administrative services, purchasing, human resources, purchasing and other administrative services. Any Member so engaged shall have such responsibilities and shall be compensated as set forth in the agreement for such Member's services entered into by and between such Member and the Agency, which agreement shall be approved by the Board. Notwithstanding the foregoing, the Director appointed by the Member providing such services shall not vote on the agreement to provide such services.
F. Rules of Governance. The Board shall adopt Rules of Governance governing the conduct of meetings and the day-to-day operations of the Agency, which Rules of Governance may be amended from time to time.
G. Conflict ofinterest Code. The Board shall adopt and file a Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1974.
10. RELATIONSHIP OF AGENCY AND ITS MEMBERS
A. Separate Public Entity. In accordance with California Government Code Sections 6506 and 6507, the Agency shall be a public entity separate and apart from the parties to this Agreement.
B. Name. The Agency may change its name at any time through adoption of a resolution of the Board of Directors.
C. Liabilities. In accordance with Government Code section 6508.1, the debts, liabilities and obligations of the Agency shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of the Agency. A Member who has not agreed to assume an Agency debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of the Agency.
D. Indemnity. Funds of the Agency may be used to defend, indemnify, and hold harmless the Agency, each Member, each Director, and any officers, agents and employees of the Agency for their actions taken within the course and scope of their duties while acting on behalf of the Agency. To the fullest extent pennitted by law, the Agency agrees to save, indemnify, defend 12 1!13/2017
38074.00001 \29307286.10
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
and hold ha1111less each Member from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, comi costs, interest, defense costs, and expert witness fees, where the same misc out of, or are attributable in whole or in part to the Agency's programs. Notwithstanding the foregoing, the sole negligence, gross negligence, or intentional acts of any Member is exempted from the indemnification provided by this Section
10.D.
E. Withdrawal of Members. Any Member shall the have the ability to withdraw by providing a minimum of one hundred eighty (] 80) days written notice of its intention to withdraw to the Agency and the other Members, which withdrawal shall be effective only at the end of the Fiscal Year in which the one hundred eighty (180) day written notice period is completed. Subject to the terms of any lease or license agreement, any Member who withdraws from the Agency shall retain any real prope1iy interests already owned by such Member. Upon withdrawal, the withdrawing Member shall not be entitled to distribution of any Agency prope1iy or assets; rather the Agency shall retain all property interests ai1d assets used by the Agency in furtherance of its purpose under this Agreement. Upon withdrawal of a Member, the Agency shall have no further obligation to provide any of the programs described in Section 2.C and 2.D to that Member. In the event of a withdrawal, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 5.E below.
F. Continuing Obligations upon Withdrawal. The withdrawal of one or more Members shall not terminate this Agreement or result in the dissolution of the Agency, and the Agency shall remain in operation provided that there are at least two Members which remain in the Agency ai1d subject to this Agreement.
G. Dissolution. The Agency may be dissolved at any time upon the unanimous approval of the Members' governing boards. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated. Upon dissolution of the Agency, each Member shall receive its proportionate share of any remaining assets after all Agency liabilities and obligations have been paid in full. Each Member's proportionate share of such remaining assets shall be determined by the Agency Treasurer based upon the estimated total population of each Member in proportion to the total estimated population of all Members at the time of dissolution. The estimated population of the Members shall be detennined based on the estimated population report published by the California State Dcparhnent of Finance, or if such report is no longer published, by such other method of dete1mining population as agreed upon by the Members. The distribution of remaining assets may be made "in kind" or assets may be sold and the proceeds thereof disttibuted to the Members. This distribution shall occur within a reasonable time after dissolution. No former Member that previously withdrew shall be entitled to a distribution upon dissolution.
11. AUTHORITY RETAINED BY MEMBERS
A. Approval by Members. This Agreement requires specific approval from the legislative bodies of the Members for certain actions provided for under this Agreement. These actions include:
i. Implementation of an Additional Program m a Member's jurisdiction (Section 2.D, Section 5).
1/13/2017
38074.00001129307286.10
13 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
11. Approval of an alternative organic materials program (Section 4.B.iii). 111. Dissolution of the Agency (Section 1 O.G).
1v. Amendment of this Agreement (Section 13.B).
B. No Limitation on Members. Nothing in this Agreement shall be construed as a limitation on the legislative authority or constitutional police powers of the Members.
12. FINANCIAL PROVISIONS
A. Establishment of Funds. The Agency shall establish and maintain such funds and accounts as may be required by general accepted public agency accounting practices. The Agency shall maintain strict accountability of all funds and report all receipts and disbursements of the Agency on no less than a quarterly basis.
B. Fiscal Year. The Fiscal Year of the Agency shall be from July 1 to June 30.
C. Budget.
for the Agency for the
adjustments, as needed.
Prior to the end of each Fiscal Year, the Board shall adopt a budget ensuing Fiscal Year. The Board may authorize mid-year budget D. Waste Management Agency Fees. The Agency's programs are funded in part through a tip fee charge on waste entering the County of Sonoma's waste disposal system to fund the cost of the programs and services provided by the Agency, which the County of Sonoma collects and remits to the Agency (the "\Vaste Management Agency Fee"). TI1e County, either directly or through its Contractor, shall continue to collect and remit such Waste Management Agency Fee to the Agency for the term of this Agreement, unless and until the Agency provides written notice directing the County to cease collecting such fee. TI1e County's obligation to collect and remit the Waste Management Agency Fee shall survive the County's withdrawal from the Waste Management Agency.
E. Cmrent Composting Program Fee. The Current Composting Program 1s primarily funded by a tip fee that is charged to all Yard Waste, Wood Waste and Residential Food Waste received at the Central Landfill and the Transfer Stations (the "Current Composting Program Fee"). The County, either directly or through its Contractor, shall continue to collect and remit the Current Composting Program Fee to the Agency for so long as the Agency is operating the Cmrent Composting Program, unless and until the Agency provides written notice to the County to cease collecting the Current Composting Program Fee. At such time that the Agency ceases its operation of the Current Composting Program, the Agency shall provide written notice to the County, and the County shall have no further obligation to collect and remit the Current Composting Program Fee to the Agency. The County's obligation to collect and remit the Waste Management Agency Fee shall survive the County's withdrawal from either the Cmrent Composting Program or the Waste Management Agency.
F. Additional Fees. The Agency may establish, levy and collect such other fees or surcharges for services provided by the Agency in furtherance the Core Programs and Additional Programs to fund the Agency's costs of providing such services, as pennitted by law. 14 1/13/2017
38074.00001 \29307286.10
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
G. Agreements with Individual Member Agencies. In the event that a Member does not provide its jurisdiction's waste to the County of Sonoma's waste disposal system and therefore does not contribute to the Waste Management Agency Fee, Agency may, at its discretion, enter into separate agreements with such individual Members to make available some or all of the Core Programs and Additional Programs in exchange for compensation from the Member for the costs of the Programs provided.
H. Insurance. The Agency shall be required to obtain insurance, or jom a selfmsurance program in which one or more of the Members paiiicipate, appropriate for its operations. Any and all insurance coverages provided by the Agency, and/or any self-insurance programs joined by the Agency, shall name each and every Member as an additional insured for all liability arising out of or in connection with the operations by or on behalf of the named insnred in the performance of this Agreement. Minimum levels of the insurance or self-insurance program shall be set by the Agency in its ordinary course of business. The Agency shall also require all of its contractors and subcontractors to have insurance appropriate for their operations.
All amounts coverages and provisions of the insurance policies identified in this subsection H shall be subject to the approval of Agency Counsel.
13. MISCELLANEOUS PROVISIONS
A. Agreement Complete. This Agreement constitutes the full and complete agreement of the Members. This Agreement supersedes all prior agreements and understandings, whether in writing or oral, related to the subject matter of this Agreement that are not set forth in writing herein.
B. Amendment. This Agreement may be amended from time to time by the unanimous consent of the Members, acting through their governing bodies. Such amendments shall be in the fonn of a w1iting signed by each Member.
C. Successors and Assigns. The rights and duties of the Members may not be assigned or delegated without the written consent of all other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. Any assignment or delegation permitted under the tenns of this Agreement shall be consistent with the te1111s of any contracts, resolutions or indentures of the Agency then in effect. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Members hereto. This section does not prohibit a Member from entering into an independent agreement with another agency regarding the financing of that Member's contributions to the Agency or the disposition of proceeds, which that Member receives under this Agreement so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Agency or the Members under this Agreement.
D. Execution in Counterparts. This Agreement may be executed in counterparts, each counterpart being an exact duplicate of all other counterparts, and all counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto.
E. Member Authorization. The governmg bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below. 15 1/13/2017
38074.00001 \29307286.10
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
F. Notices. Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses set forth for each of the Members hereto on Exhibit "A" of this Agreement, or to such other changed addresses communicated to the Agency and the Members in writing.
G. Severability and Validity of Agreement. Should the part1c1pation of any Member to this Agreement, or any part, term or provision of this Agreement be decided by the courts or the legislature to be illegal, in excess of that Member's authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms or provisions of this Agreement shall not be affected thereby and each Member hereby agrees it would have entered into this Agreement upon the same remaining terms as provided herein.
1/13/2017
38074.00001129307286.10
16 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS \VHl'.REOJl, the Mambers pursuant to resolutions duly and regularly adopted by respective Board Directors or govcming board, have caused names to be affixed by their proper and respective officers as of the day ,md year first abovcvdtlcn.
Mayor
Clerk
APPROVED AS TO FORM:
City Attorney
1113120]7
380RD0001\293(17286. I 0
SIGNATURES CONTINUED ON FOLLOWING PAGE
l7
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused their names to be affixed by their proper and respective officers as of the day and year first abovewritten.
COUNTY OF SONOMA
Chair
Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
Assistant County Counsel
CITY OF SANTA ROSA
~:r ·7
ATTEST:
City Clerk \
AP~,
City Attorney
l/!3/2017
38074.00001129307286.10
SIGNATURES CONTINUED ON FOLLOWING PAGE
17 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTEST:
ity Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ROHNERT
ti
CITY OF SEBASTOPOL
Mayor
CITY OF SONOMA
Mayor
SIGNATURES CONTINUED ON FOLLOWING PAGE
18 I /1312017
38074.00001 \29307286. J 0
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
c·
(~·-- City A
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ROHNERT PARK
Mayor
CITY OF SONOMA
Mayor
SIGNATURES CONTINUED ON FOLLOWING PAGE
18 111)/2017
38074.00001 \19:107286.10
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Mayor
TO FORM:
SIGNATURES ON FOLLOWING PAGE
1/13/2017
38074,000-0 l\21))0'1:7S6, If.)
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
/"'
(' ATTEST:'
City
APPROVED AS TO FORM:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
crl~o! c~q~RDALE -- ! VJ 1/VQ__-~~
Mayor
CITY OF PETALUMA
Mayor
CITY OF COTATI
Mayor
SIGNATURES CONTINUED ON FOLLOWING PAGE
l/13/20! 7
38074.00001\29307286.10
19 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF CLOVERDALE
Mayor
CITY OF COTATI
Mayor
SIGNATURES CONTINUED ON FOLLOWING PAGE
1/1312017
38074.00001\29307286. l 0
19 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATI'EST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATI'EST:
City Clerk
APPROVED AS TO FORM:
City Attorney
cii'ycle~~
AP~~
City Attorney
CITY OF CLOVERDALE
Mayor
CITY OF PETALUMA
Mayor
CITY OF COTATI
@vxu 0-kv,r~ Mayor /
j
SIGNATURES CONTINUED ON FOLLOWING PAGE
19 1/13/2017
38074.0000 I\29307286. IO
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATIEST: 0
'-~ ..,,_£ -i
City Clerk I
~·
City Attorney
ATIEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
111312017
38074.00001'29307286.IO
TOWN OF WINDSOR
Mayor
20 '
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST: ~14/,ud<i~ ToClerk
APPROVED AS TO FORM:
Town Attorney
1/13/2017
38074.00001\2930728610
CITY OF HEALDSBURG
Mayor
TOWN OF WINDSOR
121MIM\~
Mayor -'t;
20 Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 4
Attachment 4:
Memorandum of Understanding with the Sonoma
County Waste Management Agency Regarding
Implementation of SB 1383
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
1 Memorandum of Understanding
Between the Jurisdictions of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, Windsor, and the County of Sonoma and The Sonoma County Waste Management Agency
Regarding Implementation of SB 1383 Regulations
21st day of October,
2021 by and between the COUNTY OF SONOMA, a political
subdivision of the State of California, the CITIES OF CLOVERDALE, COTATI,
HEALDSBURG, PETALUMA, ROHNERT PARK, SANTA ROSA, SEBASTOPOL, SONOMA, AND WINDSOR, each a municipal corporation of the State of California (the County and Cities are referr and collectively as
) and the SONOMA COUNTY WASTE MANAGEMENT AGENCY, a
RECITALS
WHEREAS, the Agency is a joint powers authority established pursuant to the California Joint Exercise of Powers Act (Gov. Code section 6500 et seq.); and WHEREAS, each of the Jurisdictions is a member of the Agency, and the Agency operates certain core programs on behalf of and for the benefit of the Jurisdictions, including but not limited to providing education regarding recycling, composting, and other methods of waste diversion to the Jurisdictions and the public, and conducting, preparing, and submitting all monitoring and reporting as a regional agency pursuant to the Integrated Waste Management Act (California Public Resources Code §§ 40000 et seq.); and
WHEREAS, the State of California passed SB 1383 (Chapter 395, Statutes of 1383), which required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and
WHEREAS, CalRecycle has finalized regulations for the implementation of SB 1383, which have been incorporated into the revised Chapter 12 (Short-lived Climate ); and
WHEREAS, the SB 1383 Regulations require local jurisdictions, among other things, to implement programs requiring organic waste generators and waste haulers to meet minimum standards for organic waste collection services, inspect waste containers for prohibited contamination of materials, provide education and outreach information to organic waste generators, report to CalRecycle on compliance with SB 1383 Regulations, and maintain records of compliance with SB 1383 Regulations; and Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
2 WHEREAS, jurisdictions may enter into a contract with a joint powers authority to implement the requirements of the SB 1383 Regulations, except that the Jurisdictions shall remain ultimately responsible for compliance in accordance with Section 18981.2 of the Regulations; and
WHEREAS, the Parties are entering into this MOU to establish certain roles and responsibilities that the Agency shall assume on behalf of the Jurisdictions to implement the SB 1383 Regulations under the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
AGREEMENT
1. Term. This MOU shall commence on the Effective Date and remain in full force and effect until terminated as set forth in Section 6 of this MOU.
2. Definitions.
The terms set forth below are defined as follows for purposes of this MOU. Any terms that are used but not defined herein shall have the meaning set forth in the SB 1383 Regulations, Section 17402 of Title 14 of the California Code of Regulations, or Section 18815.2 of Title 14 of the California Code of Regulations. (a) ,
doing business as Zero Waste Sonoma.
(b) the California State
Department of Resources Recycling and Recovery.
(c) or towns that is a signatory to this
MOU.
(d) the County of Sonoma.
(e)
(f) a person or entity that is responsible for the
initial creation of organic waste.
(g) or entity who collects material from a
Generator and delivers it to a reporting entity, end user, or a destination outside of the self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
3 (h) the compiled records, physical or
electronic, of a Jurisdiction that must be stored in one central location and contain the records and information required by Section 18995.2 of the Regulations. (i) ounty, each of which provides
solid waste collection services within their jurisdictional boundaries. (j) , Organic Materials Organic Waste are materials
that originate from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, vegetables, grain, meat, bones, paper towels, leaves, digestate, and wood.
(k) , means Chapter
12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations, as they may be amended from time to time. Regulatory references to specific sections listed in the MOU shall be to the SB 1383 Regulations, unless specifically noted otherwise.
3. Responsibilities of the Agency.
(a) Education and outreach. The Agency shall provide educational materials and community outreach to organic waste generators in English and Spanish that explain and provide information on the requirements of the SB 1383 Regulations, as more specifically described below. In providing the education and outreach materials described below, the Agency intends that its education and outreach efforts will be consistent with, and supplemental to, the education and outreach provided by the Since Non-Local Entities and Local Education
Agency shall also identify and provide them with the educational materials on the requirements set forth below.
(i) Prior to February 1, 2022, the Agency will make available to Generators, through print and/or electronic media as permitted pursuant to the Regulations, information regarding the responsibilities and requirements set forth in Sections 18984.9, 18984.10, 18985.1, 18985.2, 18988.3, 18991.3, 18991.4, and 18991.5 of the Regulations. The information generated pursuant to this subparagraph brochures made available for
distribution to Generators. The Agency will additionally distribute the information The
information generated pursuant to this subparagraph shall be updated at least annually. (ii) Through email, letters, or other direct communication, the Agency shall annually notify Tier I and II Commercial Edible Food Generators within each Jurisdiction of their food recovery requirements as established pursuant to Section 18991.3 and 18991.4 of the Regulations. Such notification shall include corresponding resources to assist in compliance with the applicable food recovery requirements.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
4 (iii) The Agency shall perform outreach to non-compliant residential and commercial Generators to seek voluntary compliance with the Regulations, as further described under Section 3(e) of this MOU. As part of seeking voluntary compliance, the Agency will provide non-compliant residential and commercial Generators with information and resources to help them comply with the Regulations related to the collection and recovery of Organic Materials. (iv) On or before January 1, 2022, the Agency will design container decals that comply with Section 18984.8 of the Regulations and distribute them upon request at the requesting Jurisdicti expense if a Hauler does not produce its own.
(b) Procurement.
(i) The Agency shall annually notify each Jurisdiction of its Organic Waste product procurement target, as required and determined by CalRecycle pursuant to Section 18993.1 of the Regulations. Before CalRecycle releases the official procurement targets for each Jurisdiction on January 1, 2022 and every five years thereafter, the Agency shall assist the Jurisdictions in calculating estimates of the procurement targets.
(ii) The Agency shall further use reasonable efforts to procure recovered Organic Waste products on behalf of the Jurisdictions to meet the Section 18993.1 of the Regulations. Credit for procurement of Organic Waste products procured by the Agency pursuant to this subparagraph shall be allocated to each procurement targe
25% of the cumulative procurement targets of all the Jurisdictions, then that Jurisdiction will receive credit for 25% of all Organic Waste products procured by the Agency pursuant to this subparagraph.
(iii) The Agency shall use or give away Organic Waste products procured pursuant to subparagraph (ii) as the Agency deems appropriate in its sole discretion.
(iv) The Agency shall include all documents and information required pursuant to Section 18993.2 of the Regulations as they relate to the procurement of Organic Waste products by the Agency pursuant to subparagraph (ii) in the Implementation Record for each of the Jurisdictions. This documentation shall be made available to the Jurisdictions through the Implementation Record, as set forth below.
(c) Reporting and recordkeeping.
(i) The Agency shall prepare and submit the reports required pursuant to Section 18992.1 and 18992.2 on Organics processing capacity and Edible Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
5 Food recovery capacity planning. The Agency shall submit the required reports in accordance with the schedule established in Section 18992.3. (ii) In conformance with Section 18995.2 of the Regulations, the Agency will store and maintain the Implementation Record for each of the Jurisdictions.
Each Jurisdiction will be given access to their own Implementation Record through a cloud-based software. Agency staff will promptly upload documents and in a manner as required in the Regulations, provided that the information is made available to the Agency by the Jurisdictions creating such records in a prompt manner. (iii) Upon request by a CalRecycle representative, the Agency will provide access to the Implementation Record within 10 business days. In conformance with the California Public Records Act (Government Code §6250 et seq.), Agency will also respond to a request for public records contained in the Implementation Record. Agency and Jurisdiction shall each notify the other if either the Agency or a Jurisdiction receive a request for all or part of the Implementation Record and coordinate a response to such request.
(iv) The Agency shall prepare and submit the Initial Jurisdiction Compliance Report and Jurisdiction Annual Reports to CalRecycle in compliance with Sections 18994.1 and 18994.2.
(d) Organic waste processing capacity and diversion planning. In conformance with Sections 18992.1 and 18992.2 of the Regulations, the Agency shall estimate existing Organics processing and Edible Food recovery capacities available in the County. If it is found that capacity in either category is needed, the Agency shall assist the Jurisdictions that lack capacity in creating an implementation plan to expand capacity.
(e) Complaints and violations.
(i) The Regulations require the Jurisdictions to provide a procedure for the receipt and investigation of written complaints of alleged violations of the Regulations. In conformance with this requirement, the Agency shall make an online complaint form available on its website for public submission and will make the form available for the Jurisdictions to place on their respective websites. The complaint form shall collect all information required under Section 18995.3. Upon receipt of a complaint, the Agency shall forward the complaint to the appropriate Jurisdiction and Hauler. The Agency shall work with the appropriate Jurisdiction and the Hauler to investigate the validity of the complaint within 90 days of receipt in accordance with Section 18995.3. The Agency will coordinate with the appropriate Jurisdiction in an effort to ensure that the information collected by the Agency through the investigation process is reasonably sufficient to allow the Agency to determine whether to initiate a formal enforcement action, and to utilize the collected information if such action is initiated. If a Generator is found to be non-compliant, the Agency shall notify the -compliance, including the basis for its
determination and the supporting evidence received or generated by the Agency. As Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
6 part of the notification the Agency will provide resources to assist the Generator in achieving compliance with the Regulations. Nothing herein shall prevent a Jurisdiction Jurisdiction initiates such formal enforcement action, the Agency shall coordinate with (ii) The Agency will develop a standardized procedure for seeking voluntary compliance from Generators that are in violation of the Regulations.
Through this process the Agency will coordinate with each Jurisdiction s approved Haulers to seek voluntary compliance from Generators found to be in violation of the Regulations. The Agen
repeatedly contaminated and/or refuse to use the recycling and/or organics collection containers despite reasonable efforts by the franchised Hauler to notify the Generator and seek compliance. The Agency will use incrementally escalating efforts to educate the non-compliant Generator and seek voluntary compliance through the standardized procedures developed by the Agency. In the event that the Agency is unable to achieve voluntary compliance through these contacts, the Agency will refer the matter, along -compliance, to
the Jurisdiction where the Generator is located for formal enforcement action. (iii) In the event a Jurisdiction initiates an enforcement action against a Generator, the Agency will provide support to the Jurisdiction in carrying out approved Hauler to
determine whether the Generator has come into compliance prior to a compliance the Jurisdiction as it retains responsibility over the formal enforcement action. (f) Inspections of Commercial Edible Food Generators. Beginning January 1, 2022, the Agency shall conduct annual inspections of Tier One Edible Food Generators, food recovery organizations, and food recovery services within the County in a manner as necessary to comply with the requirements of Section 18995.1(a)(2) for all of the Jurisdictions. The Agency may conduct inspections of a random sampling of food recovery entities or prioritize inspections of entities that it determines are more likely to be out of compliance, provided that such manner of selection shall satisfy the requirements of the Regulations. Beginning January 1, 2024, the Agency shall additionally conduct annual inspections of Tier Two Edible Food Generators within the County in a manner as necessary to comply with the requirements of Section 18995.2(a)(2) for all of the Jurisdictions. The Agency may adjust the frequency or number of inspections from time to time if required by CalRecycle. (g) Waivers.
(i) The Agency shall, on behalf of each Jurisdiction consider and approve or deny each request for waiver of the Regulations made pursuant to Section 18984.11, except as otherwise provided herein.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
7 (1) The Agency will create a standardized waiver request form for Jurisdictions and Haulers to distribute. This form will be a printable document .
(2) The Agency will also provide each Jurisdiction with a monthly report listing waivers that have been approved in the Jurisdiction in the prior month.
(ii) Notwithstanding the foregoing, each Jurisdiction may at its discretion elect to consider and approve or deny requests for waiver of the Regulations for Generators within its boundaries rather than delegating this responsibility to the Agency. In the event a Jurisdiction elects to consider waivers within its boundaries, it shall provide written notice to the Agency of its decision, and the Agency will forward any requests for waiver to the Jurisdiction after receiving such notice. (iii) If certain census tracts within a Jurisdiction are eligible for a waiver or exemption from the requirements of the Regulations based on the criteria set forth in Section 18984.12, the Agency shall assist the Jurisdiction in submitting a waiver request to CalRecycle.
(h) Emergency Circumstances Waivers for Jurisdiction
(i) The Agency will be responsible for notifying CalRecycle and/or submitting requests on behalf of Jurisdictions that require (1) an Emergency Processing Facility Temporary Equipment Failure Waiver or (2) a Disaster and Emergency Waiver. Such requests and/or notifications shall be made in compliance with Section 18984.13.
4. Responsibilities of the Jurisdictions.
(a) Except for those responsibilities and requirements expressly assumed by the Agency pursuant to this MOU, each Jurisdiction shall be responsible for compliance with the Regulations, as applicable.
(b) Each jurisdiction shall be responsible for the adoption of its own enforceable ordinance as required by SB 1383.
(c) Sharing of information. Within thirty (30) days of request by the Agency, or as soon as such information is available to the Jurisdiction, the Jurisdictions shall share with the Agency all data, documents, contact information for generators within the Jurisdiction, or any other information necessary for the Agency to carry out the responsibilities set forth in this MOU. In accordance with Government Code Section 6254.5, subdivision (e), the Agency agrees to treat as confidential material that the Jurisdictions share with the Agency that is exempt from disclosure pursuant to the Public Records Act (Government Code Section 6250 et seq.) and that the sharing Jurisdiction has labeled as confidential. Only authorized Agency officials or employees shall be permitted to access such confidential Jurisdiction material.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
8 (d) Enforcement. The Jurisdictions shall each be responsible for any enforcement of the Regulations within their boundaries. compliance with the Regulations will be limited to conducting investigations and seeking voluntary compliance as more specifically set forth in Section 3(e) of this MOU. (e) Staff and funding. In order for Agency to carry out its responsibilities in connection with the administration and implementation of the SB 1383 Regulations as specified in this MOU, Agency anticipates that it will incur increased costs as a result of increased staffing needs, costs of development of resources for education and outreach, and costs of procuring Organic Waste products on behalf of the Jurisdictions. The Agency anticipates that it will fund the increased costs that will be incurred in the implementation of this Agreement through an increase to the Agency surcharge that is included in the tipping fee charged on solid waste entering the The fee may be increased from time to time at
the discretion of the Agency Board to pay for the costs of implementation of this MOU, but not more than once per fiscal year. In accordance with the terms of the Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency, a Jurisdiction th
waste management system and therefore does not contribute to the Agency surcharge shall contribute to the costs incurred pursuant to this MOU through adjustment to the sation to the Agency for provision of Agency
programs. The existing agreement or agreements shall be adjusted to account for the
5. Indemnification/Hold Harmless. Agency shall indemnify, defend, and hold harmless the Jurisdictions, their legislative bodies, officials, consultants, agents, and employees from and against any and all loss, damages, liability, claims, suits, costs of this MOU, with the exception of matters that arise from the negligent or intentional acts or omissions of the Jurisdictions, their legislative bodies, officials, consultants, agents and employees.
6. Withdrawal of Jurisdictions; Termination by Agency. Any Jurisdiction may withdraw as a party to this MOU upon giving one hundred and eighty (180) calendar days prior written notice to the other Parties. Further, the Agency may terminate this MOU upon giving three hundred and sixty-five (365) days notice to the Jurisdictions. Upon termination of this MOU, the Agency shall have no further obligations pursuant to this MOU.
7. Notice. During the term of this MOU, all notices shall be made in writing and either served personally, sent by first class mail, or sent by email provided confirmation of delivery is obtained at the time of email transmission, addressed as follows:
To: Agency Sonoma County Waste Management Agency
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
9 Attention: Executive Director
2300 County Center Drive, Ste. B-100
Santa Rosa, CA 95403
Telephone Number: 707-565-3668
Email: [email protected]
To City of Cloverdale: City of Cloverdale
Attention: City Manager
124 N. Cloverdale Blvd
Cloverdale, CA 95425
Telephone Number: 707-894-1710
Email: [email protected]
To City of Cotati: City of Cotati
Attention: City Manager
201 West Sierra Avenue
Cotati, CA 94931
Telephone Number: 707-665-3622
Email: [email protected]
To City of Healdsburg: City of Healdsburg
Attention: City Manager
401 Grove Street
Healdsburg, CA 95448
Telephone Number: 707-431-3317
Email: [email protected]
To City of Petaluma: City of Petaluma
Attention: City Manager
11 English Street
Petaluma, CA 94952
Telephone Number: 707-778-4345
Email: [email protected]
To City of Rohnert Park: City of Rohnert Park
Attention: City Clerk
130 Avram Avenue
Rohnert Park, CA 94928
Telephone Number: 707-588-2227
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
10 Email: [email protected]
To City of Santa Rosa: City of Santa Rosa
Attention: City Manager
100 Santa Rosa Avenue, Room 10
Santa Rosa, CA 95404
Telephone Number: 707-543-3010
Email: [email protected]
To City of Sebastopol: City of Sebastopol
Attention: City Manager
P.O. Box 1776
Sebastopol, CA 95473
Telephone Number: 707-823-1153
Email: [email protected]
To City of Sonoma: City of Sonoma
Attention: City Manager
No. 1 The Plaza
Sonoma, CA 95476
Telephone Number: 707-933-2218
Email: [email protected]
To County of Sonoma: County of Sonoma
Attention: Director of Transportation and
Public Works
2300 County Center Drive STE B-100
Santa Rosa, CA 95403
Telephone Number: 707-565-3585
Email: Johannes.Hoevertsz@sonomacounty.org
To Town of Windsor: Town of Windsor
Attention: Town Manager
P.O. Box 100
Windsor, CA 95492
Telephone Number: 707-838-1000
Email: [email protected]
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
11 Any Party may change the address to which notice is to be given by providing the other Parties with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change.
Service of notices shall be deemed complete on the date of receipt if personally served or if served using email provided confirmation of delivery is obtained at the time of email transmission. Service of notices sent by first class mail shall be deemed complete on the fifth (5th) day following deposit in the United States mail.
8. Governing Law and Venue. This MOU shall be deemed to be executed within the State of California and construed in accordance with and governed by laws of the State of California. Venue in any proceeding or action among the participating Jurisdictions arising out of this MOU shall be in Sonoma County, California.
9. Amendment. This MOU and the exhibits hereto may only be amended by a writing signed by authorized representatives of each Party, and any purported amendment not signed by an authorized representative of each Party shall be of no force or effect. This MOU may be amended to extend its term, alter its conditions, add Agency and/or Jurisdiction obligations, or otherwise.
10. Entire Agreement. This MOU and its exhibits constitute the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.
[Signatures on following page]
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
12 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
Between the Jurisdictions of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma and Windsor and the County of Sonoma and
The Sonoma County Waste Management Agency
Regarding Implementation of SB 1383 Regulations
IN WITNESS WHEREOF, the Parties hereto have executed this agreement in duplicate on the day and year first above written.
CITY OF CLOVERDALE, A Municipal
Corporation of the State of California
By:
David Kelley
City Manager
APPROVED AS TO FORM:
Jose Sanchez
City Attorney
CITY OF COTATI, A Municipal
Corporation of the State of California
By:
City Manager
APPROVED AS TO FORM:
John Bakker
City Attorney
CITY OF HEALDSBURG, A Municipal
Corporation of the State of California
By:
Jeff Kay
City Manager
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
13 APPROVED AS TO FORM:
Samantha Zutler
City Attorney
CITY OF PETALUMA, A Municipal
Corporation of the State of California
By:
Peggy Flynn
City Manager
APPROVED AS TO FORM:
Eric Danly
City Attorney
CITY OF ROHNERT PARK, A Municipal
Corporation of the State of California
By:
Darrin Jenkins
City Manager
APPROVED AS TO FORM:
Michelle Marchetta Kenyon
City Attorney
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
14 CITY OF SANTA ROSA, A Municipal
Corporation of the State of California
By:
Jeff Kolin
Interim City Manager
APPROVED AS TO FORM:
Sue Gallagher
City Attorney
CITY OF SEBASTOPOL, A Municipal
Corporation of the State of California
By:
Larry McLaughlin
City Manager
APPROVED AS TO FORM:
Larry McLaughlin
City Attorney
CITY OF SONOMA, A Municipal
Corporation of the State of California
By:
Garrett Toy
City Manager
APPROVED AS TO FORM:
Jeff Walter
City Attorney
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
15 COUNTY OF SONOMA, A Political
Subdivision of the State of California
By:
Johannes Hoevertsz
Director of
Transportation Public Works,
County of Sonoma
APPROVED AS TO FORM:
Lisa Pheatt
Deputy County Counsel
TOWN OF WINDSOR, A Municipal
Corporation of the State of California
By:
Ken MacNab
Town Manager
APPROVED AS TO FORM:
Jose Sanchez
Town Attorney
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
38066.00000\34454783.1
MOU Implementation of SB 1383 Regulations
16 SONOMA COUNTY WASTE
MANAGEMENT AGENCY, A California
Joint Powers Authority
By:
Leslie Lukacs
Executive Director
APPROVED AS TO FORM:
Ethan Walsh
Agency Counsel
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 5
Attachment 5:
Current Solid Waste Subscription Data for the City of
Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Garbage 20-Gallon 32-Gallon 64-Gallon 96-Gallon
No. of Accounts 681 1,175 395 48
Recyclable Materials 20-Gallon 32-Gallon 64-Gallon 96-Gallon No. of Accounts 0 98 84 2,055
Green Waste 20-Gallon 32-Gallon 64-Gallon 96-Gallon
No. of Accounts 0 112 133 2,044
Garbage 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
32-Gallon 1
96-Gal 2
1 or 1.5 CY 3
2 CY 5
3 CY 8 1
4 CY 2
Recyclable Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gallon 1
96-Gallon 10
2CY 1
3 CY 4
4 CY 4
Mixed Organic (Food/Green) Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gallon 1
96-Gallon 9
Food Waste 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
1 or 1.5 CY 2
3CY 1
Green Waste 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
Garbage 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
20-Gallon 2
32-Gallon 45
64-Gal 24 1
96-Gal 68 2
1 or 1.5 CY 27 2 1
2 CY 37 8
3 CY 19 3 2
4 CY 30 15 5 2
6 CY 2 1 1 1 1
Recyclable Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 32-Gallon 5
64-Gallon 7
96-Gallon 151 1
1 or 1.5 CY 8
2CY 23 3 2
3 CY 21 11
4 CY 32 16 9 1 5
6 CY 2 4 1
Mixed Organic (Food/Green) Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 32-Gallon 20
64-Gallon 25 3
96-Gallon 99 1
Food Waste 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
1 or 1.5 CY 3 1
2CY 11 4 4
3CY 4 1
Current Service Recipient Data as of 4/1/2024
Number of Residential Cart Service Recipients
Number of Multi-Family Service Recipients
Number of Commercial Service Recipients
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
4CY 3 2
Green Waste 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
Garbage 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
32-Gallon 2
64-Gallon 1
96-Gallon 2
1 or 1.5 CY 2
2CY 2
4 CY 3
6 CY 1
Recyclable Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gallon 1
96-Gallon 8
2CY 1
3 CY 1
4 CY 1
Mixed Organic (Food/Green) Materials 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 64-Gallon 1
96-Gallon 5
Food Waste 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2CY 1
Green Waste 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
# of Boxes Avg. Pulls/Month
15Y Compactor (Customer Supplied Container) 1 3.75
20 CY 18 11.58
20Y Compactor (Customer Supplied Container) 1 3.92
30 CY 14 6.83
40 CY 6 5.08
# of Boxes Avg. Pulls/Month
20 CY 3 8.58
30 CY 1 3.17
40 CY 1 4.33
City Roll-Off Boxes (in above Roll-off Box Totals)
Number of City-Designated (in above commercial totals)
Number of Roll-off Boxes
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 6
Attachment 6:
City of Sebastopol Living Wage Requirement
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
2.72.010
2.72.020
2.72.030
2.72.040
2.72.050
2.72.060
2.72.070
2.72.080
2.72.090
2.72.100
2.72.110
2.72.120
2.72.130
2.72.140
Chapter 2.72
A LIVING WAGE REQUIREMENT FOR SPECIFIED CITY-FUNDED
CONTRACTS AND CITY EMPLOYEES
Sections:
Title and purpose.
Findings.
De:nitions.
Employers subject to the requirements of this chapter.
Exceptions and waivers.
Compensation required to be paid to employees.
Provisions required contract.
Exemptions.
Retaliation and discrimination prohibited.
Employee complaints to the City.
Private right of action.
Responsible bidding and use of City funds and facilities.
Labor relations neutrality.
Phase-in and transitional funding for nonpro:ts.
2.72.010 Title and purpose.
This chapter shall be known and may be cited as the “City of Sebastopol Living Wage Ordinance.” The purpose of this chapter is to protect the public health, safety and welfare by ensuring that City employees, employees of City service contractors, and other businesses who receive funding from the City earn an hourly wage that is suHcient to enable one working parent with one dependent to live with dignity and economic self-suHciency. The City contracts with many businesses and organizations to provide services to the public, and construct necessary public improvements, for the purpose of promoting economic development and job growth. The City Council seeks to demonstrate through enactment of the ordinance codiGed in this chapter that the use of City funds to provide living wage jobs will decrease poverty, increase consumer income and reduce the need for taxpayer funded social service programs. In doing so the City takes the lead to establish a community economic standard that permits workers to live out of poverty.
2.72.020 Findings.
The City Council of the City of Sebastopol Gnds as follows:
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
A. The City of Sebastopol awards contracts to private Grms and other businesses to provide services to the public and to City government; and
B. The City of Sebastopol has a limited amount of taxpayer resources to expend; and C. The use of taxpayer dollars to promote sustenance and creation of living wage jobs will increase consumer income, decrease levels of poverty and reduce the need for taxpayer-funded social programs in other areas; and D. When City funds are used to contract for services, such contracts should demonstrate an eIort to promote an employment environment that enhances the general quality of life within the community and maximizes the productive eIect of the City’s limited resources; and
E. The City’s use of contractors that do not provide health insurance to their employees can result in imposing the costs of their medical care on the County, State and Federal governments; and F. Employees are far more likelier to be healthy if their employer provides reasonable health insurance to them and their dependents; and
G. The payment of a minimum level of compensation as required by this chapter beneGts these interests.
2.72.030 De:nitions.
The following words and phrases whenever used in this chapter shall be construed as deGned in this section:
“City” means the City of Sebastopol and all City agencies. “City-funded employers” means all persons or entities that receive from the City direct assistance in the form of grants, loans, or loan guarantees, in-kind services, waivers of City fees, real property or other valuable consideration in the amount of more than $100,000 in any 12-month period. This term shall not include those who enjoy an economic beneGt as an incidental eIect of City policies, regulations, ordinances, or charter provisions. A subcontractor shall be deemed to have received a new contract through the City when the person to whom it is subcontracting receives a new City contract, lease, franchise or Gnancial aid. “Credit for the amount spent providing medical health beneGts to such employees” shall be deGned as follows: (1) the actual hourly contribution made by the employer for medical health beneGts; (2) if the employer is not making an hourly contribution in the amount spent during the preceding month by such employer on medical health beneGts for such employee divided by the hours worked except that the City Manager shall have discretion for good cause shown to allow an employer to use an alternate method of determining its average hourly contribution; (3) if the amount contributed by the employer varies between employees (such as a greater contribution for family versus single coverage), then the employer at its option may set the amount of the credit at the average it contributes for all employees covered by this chapter receiving health beneGts; (4) if the employer is self-insured and employees covered by this chapter are pooled with other workers, then if the employer Gnds it impractical to determine the amount spent on health beneGts just for employees covered by this chapter, then the Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
employer may approximate this calculation on the basis of the best data reasonably available and approved by the City Manager (for example, using the average spent by the employer for its entire workforce). “Employee” means any individual employed by a City-funded employer, lessee, Gnancial aid recipient or service contractor, including subcontracts therefrom, unless he or she spends less than 25 percent of his or her work time on work arising directly from the City’s Gnancial contribution. No work may be reassigned in order to evade coverage under this chapter. For the purposes of determining whether an employer employs more than six employees for the purpose of this chapter, such number shall be determined by the most recent payroll period unless the employer had less than seven employees during the preceding eight payroll periods and will have less than seven during the next eight payroll periods.
“Employer” means those persons identiGed in SMC 2.72.040 except that no person other than the City shall be deemed an employer until they receive a new contract, lease concession or franchise, from or through the City.
For these purposes the term “new” includes any arrangement entered into after the ordinance codiGed in this chapter was introduced, or any amendment, extension or renewal of a preexisting arrangement, or the City allowing continued occupancy by tenants with periodic tenancies (such as month-to-month tenants). A subcontractor shall be deemed to have received a new contract through the City when the person to whom it is subcontracting receives a new City contract, lease, franchise or Gnancial aid. “NonproGt” shall mean a nonproGt organization described in Section 501c of the Internal Revenue Code of 1954 which is exempt from taxation under Section 501c of that code, or any nonproGt educational organization qualiGed under Section 233701d of the Revenue and Taxation Code. “Part-time employee” means any employee whose regular hours of work are less than 40 hours per week. “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. “Service contract” means a contract given a contractor by the City for the furnishing of services to or for the City, except contracts where services are incidental to the delivery of products, equipment or commodities. Service contracts include but are not limited to security guard services, janitorial services, waste management, landscaping, parking attendant services, towing and health care. “Service contractor” means any person or entity that enters into a service contract as hereafter deGned in an amount equal to or greater than $10,000.
2.72.040 Employers subject to the requirements of this chapter.
The persons and entities described below shall comply with the minimum compensation standards established by this chapter if they employ more than six employees:
A. The City of Sebastopol, including all its agencies, departments and oHces.
B. For-proGt service contractors that receive contract(s) for $10,000 or more from the City in a 12-month period.
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
C. NonproGt service contractors that receive contracts from the City of $20,000 or more in a 12-month period.
D. Recipients of City leases, concessions, or franchises which employ 25 or more employees and have $350,000 or more in annual gross receipts.
E. Recipients that receive more than $100,000 in loans or other cash and/or noncash assistance in any 12-month period. Compliance shall be required during the term in which the assistance is received.
F. Subcontractors or subtenants of any of the persons described in subsections B through E of this section and which have $50,000 or more in annual gross receipts.
2.72.050 Exceptions and waivers.
A. Any employer that contends that it is unable to pay all or part of the living wage must provide a detailed explanation in writing to the City Manager (or the City Manager’s designee) who may recommend an exception to the City Council.
The explanation must set forth the reasons for its inability to comply with the provisions of this chapter, including a complete cost accounting for the proposed work to be performed with the Gnancial assistance sought.
B. The City Council may grant an exception upon making one or more of the following Gndings:
1. That the employer has demonstrated economic hardship.
2. That the exception will further the interests of the City of Sebastopol in providing training positions which will enable employees to advance into permanent living wage jobs or better.
3. That the exception will further other public objectives.
4. That the exception is requested by both parties to a memorandum of understanding or other form of collective bargaining agreement.
However, no exception will be granted if the eIect of the exception is to replace or displace existing positions or employees or to lower the wages of current employees.
C. Exceptions to the requirements of this chapter will be made for the term of the Gnancial assistance, except that the City reserves the right to rescind the exception at any time due to changed circumstances which lead the City to revise the Gndings on which the exception was based.
D. The City Council of the City of Sebastopol reserves the right to waive the requirements of this chapter upon a Gnding and determination of the City Council that a waiver is in the best interests of the City of Sebastopol. The City Council may also waive the requirements of this chapter during an emergency due to war or natural or human made disasters.
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
E. Any waiver or exception shall be granted for no more than one year. At the end of the year, the employer may reapply for a new waiver or exception which may be granted subject to the same criteria for granting the initial waiver or exception.
2.72.060 Compensation required to be paid to employees.
Except as otherwise provided in this chapter, an employer subject to this chapter shall provide its covered employees the following minimum compensation:
A. Living Wages. The employer shall pay each employee an hourly wage of not less than $13.20, except that the employer shall receive credit for the actual amount spent providing medical health beneGts to such employee as deGned in SMC 2.72.030. As an example, if an employer spends $1.50 per hour on medical health beneGts, then the employer must pay a cash wage of only $11.70 per hour.
B. Time O. Employees shall be entitled to at least 22 days oI per year for sick leave, vacation or personal necessity. Twelve of the required days oI shall be compensated at the same rate as regular compensation for a normal working day. Ten of the required 22 days may be uncompensated days oI. Employees who work part-time shall be entitled to accrue compensated days oI in increments proportional on an annual basis to 12 days per year. Employees shall be eligible to use accrued days oI after the Grst six months of satisfactory employment or consistent with employer policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days oI.
C. The initial rates set forth in subsection A of this section shall increase annually on July 1st, in accordance with any increase due to a cost of living adjustment for City employees, equal to the average COLA for all City nonsafety employees, but no more than the Consumer Price Index for San Francisco-Oakland-San Jose published by the Bureau of Labor Statistics, in any Gscal year.
2.72.070 Provisions required contract.
Every City contract, lease, license, concession agreement, franchise agreement or agreement for City funding with an employer described in SMC 2.72.040 or amendment thereto shall contain provisions requiring it to comply with the requirements of this chapter as they exist on the date when the employer entered its agreement with the City or when such agreement is amended. Such contract provisions shall address the employer’s duty to promptly provide to the City documents and information verifying its compliance with the requirements of this chapter, and sanctions for noncompliance. Such contract provisions shall also require the employer to notify each of its aIected employees with regard to the wages that are required to be paid pursuant to this chapter.
2.72.080 Exemptions.
The requirements of this chapter shall not be applicable to the following employees:
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
A. An employee who is under 21 years of age employed by a nonproGt entity for after school or summer employment or as a trainee for a period not longer than six months.
B. A temporary employee whose term of employment will not exceed six months in duration.
C. Volunteers.
D. City employees during their Grst six months of employment, which is considered a training or probationary period.
E. Employees of contractors on City public works projects subject to the requirements of Division 2, Part 7, of the California Labor Code, when said code requires compensation greater than that required by this chapter.
F. Employees who are standing by or on call according to the criteria established by the Fair Labor Standards Act, 29 U.S.C. Section 201. This exemption shall apply only during the time when the employee is actually standing by or on call.
G. Any disabled employee who (1) is covered by a current sub-minimum wage certiGcate issued to the employer by the U.S. Department of Labor; or (2) would be covered by such a certiGcate but for the fact that the employer is paying a wage equal to or higher than the minimum wage.
H. An employee for whom application of the requirements of this chapter is prohibited by State or Federal law.
2.72.090 Retaliation and discrimination prohibited.
It shall be unlawful to retaliate or discriminate against any person on account of his having claimed a violation of this chapter.
2.72.100 Employee complaints to the City.
A. Any employee covered by this chapter who alleges violation of any provision of the requirements of this chapter may report such acts to the City. The City Manager may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action.
B. Any complaints received shall be treated as conGdential matters, to the extent permitted by law. Any complaints received and all investigation documents related thereto shall be deemed exempt from disclosure pursuant to California Government Code Sections 6254 and 6255.
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
2.72.110 Private right of action.
A. A person claiming violation of this chapter may bring an action in the Superior Court of the State of California against an employer and obtain the following remedies:
1. Back pay for each day during which the employer failed to pay the compensation required by this chapter.
2. Reinstatement, compensatory damages and punitive damages.
3. Reasonable attorney’s fees and costs.
B. Notwithstanding any provision of this chapter or any other ordinances to the contrary, no criminal penalties shall attach for any violation of this chapter.
C. No remedy set forth in this chapter is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This chapter shall not be construed to limit an employee’s right to bring a common law cause of action for wrongful termination.
D. Nothing in this chapter shall be interpreted to authorize a claim for damages against the City based upon another employer’s failure to comply with this chapter.
2.72.120 Responsible bidding and use of City funds and facilities.
Prior to commencement of the contract’s term or execution by the City, each contractor, subcontractor, lessee of City property or other City-funded employer will certify to the satisfaction of the City that its employees are paid a living wage as provided by this chapter. As part of any bid, application or proposal for any contract or other funding arrangement with the City covered by SMC 2.72.040, the submitter shall (A) include an acknowledgment in a form acceptable to the City of the terms of this chapter and intent to comply therewith, and (B) complete a form to be created by the City Manager indicating whether any charges, complaints, citations or Gndings of violation of law or regulation by any regulatory agency or court have occurred within the last 10 years, including but not limited to California DFEH, OSHA, Department of Industrial Relations (Labor Commissioner), EPA, and NLRB.
By seeking such contract or arrangement from the City submitter shall be deemed to have authorized the City to obtain additional information upon request about the submitter’s history as an employer, including but not limited to information about employee turnover and complaints lodged by employees (unless disclosure is prohibited by their legal right of privacy) so that the City may ascertain the submitter’s ability to provide the promised services without disruption and without adverse eIect on the City’s proprietary interests. To the extent permitted by law, the Council shall consider such matters in deciding whether to award the contract, Gnancial assistance, or other arrangement being sought from the City.
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Disclaimer: The City Clerk’s OHce has the oHcial version of the Sebastopol Municipal Code. Users should contact the City Clerk’s OHce for ordinances passed subsequent to the ordinance cited above.
City Website: www.ci.sebastopol.ca.us
Hosted by Code Publishing Company, A General Code Company.
2.72.130 Labor relations neutrality.
No employer covered by SMC 2.72.040 shall use any City funds or property to assist, promote or deter union organizing. This restriction shall be subject to the deGnitions and exclusions found in Government Code Sections 16645(a) through (e), 16446 and 16647, as of January 1, 2002.
City staI may enforce this chapter by awaiting citizen complaints. Nothing herein shall be construed as a promise by the City to actively monitor contractor compliance.
2.72.140 Phase-in and transitional funding for nonpro:ts.
All 501(c) nonproGt organizations subject to the provisions of this chapter shall be exempted from its wage requirements for the Grst three years following its enactment.
Ch. 2.72 A Living Wage Requirement for SpeciGed City-Funded Contracts and City Employees | Sebastopol Municipal Code
8 The Sebastopol Municipal Code is current through Ordinance 1148, passed September 19, 2023.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 7
Attachment 7:
City of Sebastopol Current Pay Rates, Ranges &
Stipend
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
CITY OF SEBASTOPOL
CURRENT PAY RATES, RANGES &
STIPEND
EFFECTIVE October 1, 2023
Approved by City Council
on October 3, 2023
Resolution No. 6554-2023
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
RESOLUTION NUMBER: 6554-2023
CITY OF SEBASTOPOL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL APPROVING THE REVISED AND RECLASSIFED
THE CLASSIFICATION OF POLICE TECHNICIAN TO POLICE COMMUNITY SERIVCES AND EVIDENCE TECHNICIAN JOB
DESCRIPTION AND APPROVED RELATED CLASSIFICATION SPECIFICATION PAY RATES AND RANGES WHEREAS, the City of Sebastopol maintains a classification plan that includes classification specifications for all positions within the City; and
WHEREAS, the City Council of the City of Sebastopol authorizes allocations for each position within the City as part of the annual budget process; and
WHEREAS, any substantive change to a classification specification or position allocation must be approved by the City Council; and
WHEREAS, the Police Department and the City desire to revise and reclassify the classification of Police Technician to Police Community Services and Evidence Technician and approve the related classification specification and pay range as listed in the attached public pay schedule; and WHEREAS, the Council desires to authorize the City Manager to make the necessary personnel change and any non-substantive changes to the classification and related lists and schedules to affect the reclassification; and
WHEREAS, The Council approves an updated Publicly Available Pay Schedule to include the revised title and pay range; and
WHEREAS, California Public Employee’s Retirement Lawat Section 570.5 of the California Code of Regulations Title 2 requires the City Pay Rates and Ranges document published on the City’s internetsite to be approved, in its entirety, by the City Council each time a modification is made; and WHEREAS, the City of Sebastopol and the Sebastopol Police Officers Association have discussed and concur with the proposed changes.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Sebastopol hereby:
1. Approves the retitled and revised classification of Police Community Services and Evidence Technician and the related classification specification and pay range as show in Exhibits A & B, attached hereto
2. Authorized the City Manager to make the necessary staff change and non-substantive changes to classifications, effective October 1, 2023.
Exhibits:
A: Classification Specification – Police Community Services and Evidence Technician B: Publicly Available Pay Rates and Ranges Schedule
The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 3rd day of October 2023.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Sebastopol City Council by the following vote:
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
VOTE:
Ayes: Councilmembers Maurer, McLewis, Zollman, Vice Mayor Rich and Mayor Hinton Noes: None
Absent: None
Abstain: None
ATTEST: ______________________________
Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:
Larry McLaughlin, City Attorney
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
City Council N/A N/A $ 300 $ 3,600
MANAGEMENT
City Manager | City Attorney Appointed A $ 76.95 $ 6,156 $ 13,338 $ 160,058 B $ 80.79 $ 6,463 $ 14,004 $ 168,045
C $ 84.83 $ 6,786 $ 14,704 $ 176,444
D $ 89.07 $ 7,126 $ 15,439 $ 185,270
E $ 93.52 $ 7,482 $ 16,210 $ 194,524
Assistant City Manager | City Clerk Appointed A $ 71.58 $ 5,727 $ 12,408 $ 148,891 B $ 75.16 $ 6,013 $ 13,028 $ 156,340
C $ 78.92 $ 6,313 $ 13,679 $ 164,148
D $ 82.86 $ 6,629 $ 14,363 $ 172,354
E $ 87.01 $ 6,961 $ 15,081 $ 180,974
Administrative Services Director Unrepresented A $ 69.60 $ 5,568 $ 12,064 $ 144,774 B $ 73.08 $ 5,847 $ 12,668 $ 152,017
C $ 76.74 $ 6,139 $ 13,301 $ 159,618
D $ 80.57 $ 6,446 $ 13,966 $ 167,590
E $ 84.60 $ 6,768 $ 14,665 $ 175,976
City Clerk Appointed A $ 65.05 $ 5,204 $ 11,275 $ 135,300 Finance Director Unrepresented B $ 68.29 $ 5,463 $ 11,837 $ 142,048 C $ 71.72 $ 5,738 $ 12,432 $ 149,180
D $ 75.31 $ 6,025 $ 13,054 $ 156,643
E $ 79.07 $ 6,326 $ 13,705 $ 164,464
Building Official Unrepresented A $ 58.25 $ 4,660 $ 10,097 $ 121,159 B $ 61.16 $ 4,892 $ 10,600 $ 127,204
C $ 64.22 $ 5,138 $ 11,132 $ 133,579
D $ 67.43 $ 5,395 $ 11,688 $ 140,257
E $ 70.79 $ 5,664 $ 12,271 $ 147,252
Engineering Director Unrepresented A $ 65.39 $ 5,231 $ 11,335 $ 136,016 Planning Director B $ 68.66 $ 5,492 $ 11,900 $ 142,805
C $ 72.09 $ 5,767 $ 12,496 $ 149,951
D $ 75.70 $ 6,056 $ 13,121 $ 157,456
E $ 79.48 $ 6,358 $ 13,777 $ 165,318
Fire Chief Unrepresented A $ 66.05 $ 5,284 $ 11,449 $ 137,393 B $ 69.34 $ 5,548 $ 12,020 $ 144,237
C $ 72.82 $ 5,826 $ 12,622 $ 151,466
D $ 76.45 $ 6,116 $ 13,252 $ 159,025
E $ 80.28 $ 6,422 $ 13,915 $ 166,984
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
MANAGEMENT
Police Chief Unrepresented A $ 67.20 $ 5,376 $ 11,648 $ 139,776 B $ 70.56 $ 5,644 $ 12,230 $ 146,757
C $ 74.08 $ 5,927 $ 12,841 $ 154,096
D $ 77.79 $ 6,223 $ 13,484 $ 161,807
E $ 81.68 $ 6,535 $ 14,159 $ 169,904
Public Works Superintendent Unrepresented A $ 63.74 $ 5,099 $ 11,048 $ 132,574 B $ 66.92 $ 5,353 $ 11,599 $ 139,183
C $ 70.26 $ 5,621 $ 12,179 $ 146,151
D $ 73.78 $ 5,902 $ 12,789 $ 153,463
E $ 77.47 $ 6,197 $ 13,428 $ 161,132
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
MID-MANAGEMENT
Assistant Public Works Superintendent Unrepresented A $ 50.68 $ 4,054 $ 8,784 $ 105,407 Engineering Manager B $ 53.21 $ 4,256 $ 9,222 $ 110,667 C $ 55.87 $ 4,469 $ 9,683 $ 116,202
D $ 58.65 $ 4,692 $ 10,167 $ 121,999
E $ 61.59 $ 4,927 $ 10,676 $ 128,113
Fire Engineer Unrepresented A $ 35.77 $ 2,862 $ 6,201 $ 74,411 B $ 37.56 $ 3,005 $ 6,511 $ 78,129
C $ 39.44 $ 3,155 $ 6,835 $ 82,026
D $ 41.41 $ 3,313 $ 7,177 $ 86,129
E $ 43.48 $ 3,478 $ 7,537 $ 90,439
Principal Civil Engineer Unrepresented A $ 59.12 $ 4,730 $ 10,248 $ 122,976 B $ 69.16 $ 5,533 $ 11,988 $ 143,851
C $ 72.61 $ 5,809 $ 12,587 $ 151,039
D $ 76.25 $ 6,100 $ 13,217 $ 158,599
E $ 80.06 $ 6,405 $ 13,877 $ 166,530
Senior Civil Engineer Unrepresented A $ 52.44 $ 4,195 $ 9,089 $ 109,068 B $ 61.34 $ 4,907 $ 10,632 $ 127,589
C $ 64.41 $ 5,152 $ 11,164 $ 133,965
D $ 67.62 $ 5,410 $ 11,721 $ 140,657
E $ 71.01 $ 5,681 $ 12,308 $ 147,693
Police Captain Unrepresented A $ 61.22 $ 4,898 $ 10,612 $ 127,342 B $ 64.28 $ 5,143 $ 11,142 $ 133,709
C $ 67.50 $ 5,400 $ 11,700 $ 140,394
D $ 70.87 $ 5,670 $ 12,284 $ 147,414
E $ 74.42 $ 5,953 $ 12,899 $ 154,784
Police Lieutenant Unrepresented A $ 56.24 $ 4,499 $ 9,748 $ 116,973 B $ 59.06 $ 4,725 $ 10,237 $ 122,839
C $ 62.01 $ 4,961 $ 10,748 $ 128,980
D $ 65.10 $ 5,208 $ 11,284 $ 135,411
E $ 68.36 $ 5,469 $ 11,850 $ 142,199
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
MISCELLANEOUS
Accountant | Analyst (Confidential) Unrepresented A $ 43.48 $ 3,478 $ 7,537 $ 90,439 B $ 45.66 $ 3,653 $ 7,914 $ 94,969
C $ 47.94 $ 3,835 $ 8,310 $ 99,720
D $ 50.34 $ 4,027 $ 8,725 $ 104,704
E $ 52.85 $ 4,228 $ 9,161 $ 109,937
Accountant SEIU A $ 39.54 $ 3,163 $ 6,854 $ 82,243
B $ 41.51 $ 3,321 $ 7,196 $ 86,349
C $ 43.59 $ 3,487 $ 7,556 $ 90,667
D $ 45.77 $ 3,661 $ 7,933 $ 95,197
E $ 48.06 $ 3,845 $ 8,330 $ 99,965
Associate Planner SEIU A $ 42.63 $ 3,410 $ 7,389 $ 88,663 B $ 44.87 $ 3,590 $ 7,778 $ 93,331
C $ 47.23 $ 3,779 $ 8,187 $ 98,246
D $ 49.72 $ 3,978 $ 8,619 $ 103,424
E $ 52.34 $ 4,187 $ 9,072 $ 108,863
Assistant Planner SEIU A $ 38.95 $ 3,116 $ 6,751 $ 81,007 Junior Accountant B $ 40.90 $ 3,272 $ 7,089 $ 85,069
Management Analyst C $ 42.94 $ 3,435 $ 7,442 $ 89,310
Administrative Technician D $ 45.08 $ 3,607 $ 7,814 $ 93,771 E $ 47.34 $ 3,787 $ 8,206 $ 98,467
Administrative Assistant SEIU A $ 29.46 $ 2,357 $ 5,106 $ 61,275 B $ 30.93 $ 2,474 $ 5,361 $ 64,332
C $ 32.48 $ 2,598 $ 5,629 $ 67,554
D $ 34.10 $ 2,728 $ 5,911 $ 70,927
E $ 35.81 $ 2,865 $ 6,208 $ 74,494
Account Clerk I SEIU A $ 25.22 $ 2,017 $ 4,371 $ 52,449 B $ 26.47 $ 2,118 $ 4,589 $ 55,065
C $ 27.80 $ 2,224 $ 4,819 $ 57,832
D $ 29.19 $ 2,335 $ 5,059 $ 60,710
E $ 30.65 $ 2,452 $ 5,313 $ 63,753
Account Clerk II SEIU A $ 31.43 $ 2,515 $ 5,448 $ 65,378 B $ 33.01 $ 2,641 $ 5,722 $ 68,669
C $ 34.67 $ 2,774 $ 6,009 $ 72,112
D $ 36.39 $ 2,911 $ 6,308 $ 75,692
E $ 38.22 $ 3,058 $ 6,625 $ 79,506
Office Assistant SEIU A $ 22.53 $ 1,803 $ 3,906 $ 46,872 B $ 23.65 $ 1,892 $ 4,100 $ 49,199
C $ 24.84 $ 1,987 $ 4,305 $ 51,664
D $ 26.09 $ 2,087 $ 4,522 $ 54,266
E $ 27.40 $ 2,192 $ 4,749 $ 56,993
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
Permit Technician SEIU A $ 35.41 $ 2,832 $ 6,137 $ 73,644 Planning Technician B $ 37.18 $ 2,974 $ 6,444 $ 77,326
C $ 39.04 $ 3,123 $ 6,766 $ 81,195
D $ 40.99 $ 3,279 $ 7,104 $ 85,251
E $ 43.04 $ 3,443 $ 7,460 $ 89,519
Senior Administrative Assistant SEIU A $ 34.27 $ 2,741 $ 5,939 $ 71,272 B $ 35.97 $ 2,878 $ 6,235 $ 74,824
C $ 37.77 $ 3,021 $ 6,546 $ 78,556
D $ 39.65 $ 3,172 $ 6,873 $ 82,480
E $ 41.65 $ 3,332 $ 7,219 $ 86,625
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
POLICE PERSONNEL
Police Technician SPOA A $ 25.85 $ 2,068 $ 4,481 $ 53,770 B $ 27.14 $ 2,171 $ 4,703 $ 56,442
C $ 28.49 $ 2,279 $ 4,939 $ 59,265
D $ 29.93 $ 2,394 $ 5,188 $ 62,253
E $ 31.42 $ 2,513 $ 5,446 $ 65,351
Police Community Services and Evidence Technician SPOA A $ 28.57 $ 2,286 $ 4,952 $ 59,426 B $ 30.00 $ 2,400 $ 5,200 $ 62,400
C $ 31.50 $ 2,520 $ 5,460 $ 65,520
D $ 33.07 $ 2,646 $ 5,732 $ 68,786
E $ 34.73 $ 2,778 $ 6,020 $ 72,238
Police Dispatcher SPOA A $ 31.04 $ 2,483 $ 5,380 $ 64,566 B $ 32.60 $ 2,608 $ 5,651 $ 67,815
C $ 34.23 $ 2,739 $ 5,934 $ 71,203
D $ 35.94 $ 2,875 $ 6,230 $ 74,755
E $ 37.74 $ 3,019 $ 6,542 $ 78,501
Police Records & Support Services Manager SPOA A $ 37.11 $ 2,968 $ 6,432 $ 77,179 B $ 38.96 $ 3,117 $ 6,753 $ 81,034
C $ 40.91 $ 3,272 $ 7,090 $ 85,083
D $ 42.95 $ 3,436 $ 7,445 $ 89,337
E $ 45.10 $ 3,608 $ 7,817 $ 93,799
Police Officer SPOA A $ 40.63 $ 3,251 $ 7,043 $ 84,518
B $ 42.67 $ 3,413 $ 7,395 $ 88,745
C $ 44.79 $ 3,583 $ 7,764 $ 93,165
D $ 47.04 $ 3,763 $ 8,154 $ 97,847
E $ 49.39 $ 3,951 $ 8,561 $ 102,735
Police Sergeant SPOA A $ 47.48 $ 3,798 $ 8,230 $ 98,756 B $ 49.85 $ 3,988 $ 8,640 $ 103,685
C $ 52.34 $ 4,187 $ 9,072 $ 108,863
D $ 54.96 $ 4,397 $ 9,526 $ 114,315
E $ 57.71 $ 4,617 $ 10,002 $ 120,030
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Group Step Hourly
BiWeekly Monthly Annually
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
SEIU PHYSICAL | FIELD PERSONNEL
Laborer SEIU A $ 21.33 $ 1,706 $ 3,697 $ 44,366
B $ 22.40 $ 1,792 $ 3,882 $ 46,583
C $ 23.51 $ 1,881 $ 4,076 $ 48,910
D $ 24.69 $ 1,975 $ 4,280 $ 51,361
E $ 25.92 $ 2,074 $ 4,493 $ 53,922
Maintenance Worker I SEIU A $ 26.08 $ 2,086 $ 4,520 $ 54,239 B $ 27.37 $ 2,190 $ 4,745 $ 56,937
C $ 28.74 $ 2,300 $ 4,982 $ 59,788
D $ 30.18 $ 2,414 $ 5,231 $ 62,776
E $ 31.69 $ 2,535 $ 5,493 $ 65,915
Maintenance Worker II SEIU A $ 33.27 $ 2,661 $ 5,766 $ 69,192 B $ 34.93 $ 2,795 $ 6,055 $ 72,662
C $ 36.67 $ 2,934 $ 6,357 $ 76,284
D $ 38.51 $ 3,081 $ 6,675 $ 80,098
E $ 40.44 $ 3,235 $ 7,009 $ 84,105
Maintenance Worker III SEIU A $ 38.87 $ 3,110 $ 6,738 $ 80,855 Senior Parks & Facilities Maintenance Worker III B $ 40.81 $ 3,265 $ 7,074 $ 84,890 C $ 42.86 $ 3,429 $ 7,429 $ 89,145
D $ 45.00 $ 3,600 $ 7,799 $ 93,592
E $ 47.24 $ 3,779 $ 8,188 $ 98,260
Senior Maintenance Worker SEIU A $ 39.85 $ 3,188 $ 6,908 $ 82,893 B $ 41.85 $ 3,348 $ 7,253 $ 87,038
C $ 43.94 $ 3,515 $ 7,616 $ 91,389
D $ 46.13 $ 3,690 $ 7,996 $ 95,947
E $ 48.44 $ 3,875 $ 8,396 $ 100,752
Senior Maintenance Worker-Water System Treatment Operator SEIU A $ 40.65 $ 3,252 $ 7,045 $ 84,546 Senior Maintenance Worker-Sanitary Sewer System Operator B $ 42.68 $ 3,414 $ 7,398 $ 88,773 C $ 44.82 $ 3,585 $ 7,768 $ 93,220
D $ 47.05 $ 3,764 $ 8,155 $ 97,861
E $ 49.41 $ 3,952 $ 8,564 $ 102,763
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Job Classification Amount Hourly Monthly
TEMPORARY/SEASONAL UNCLASSIFIED POSITIONS
Living Wage - Per Ordinance $ 21.25
Laborer $ 21.25
Maintenance Assistant $ 21.25
Office Assistant $ 21.25
Per Diem Police Dispatcher Trainee $ 21.25
Police Aide Trainee $ 21.25
Video Recording Operator $ 21.25
City Attorney $ 7,790
Part-time City Engineer $ 50.00
Account Clerk (Temporary) $ 30.65
Interim Professional - Temporary Staff $30 - $60
Per Diem Police Dispatcher 1 $ 35.94
Police Reserve Officer 2 $ 40.63
Police Officer Trainee 3 $ 32.51
1 Based on Dispatcher Step D hourly rate without benefits or pay incentives 2 Based on Police Officer Step A hourly rate without benefits or pay incentives 3 Based on Police Officer Step A hourly rate less 20% with benefits
CITY OF SEBASTOPOL - PAY RATES, RANGES
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
VOLUNTEER FIREFIGHTER STIPEND Amount
Emergency Call-Out $ 15.00
Extended On Scene (Overtime) $ 20.00
Firefighter Drill $ 15.00
Captain Drill $ 18.00
Volunteer Assistant Chief Drill $ 20.00
Captain Weekend Standby $ 500.00
Shift Pay $ 200.00
CITY OF SEBASTOPOL - PAY RATES, RANGES & STIPEND
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 8
Attachment 8:
Evaluation Criteria
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
SEBASTOPOL RFP DRAFT EVALUATION CRITERIA
MAXIMUM
POSSIBLE
POINTS
1 SERVICE RATES & VALUE 30
a Proposed Single Family Residential Service Rate weighted rank. b Proposed Multi-Family Residential Service Rate weighted rank. c Proposed Commercial Service Rate weighted rank.
d Overall value of proposed service at proposed Service Rates. 2 QUALITY OF SERVICE & REFERENCES 18
a
Quality of service performance in the City and in reference communities, especially with respect to service issues like missed pickups and cooperative approaches to providing data and developing new programs, as well as litigation history.
b Proven successful operations of recyclable material and organic waste programs that achieve high participation levels in diversion programs.
c
Demonstrated expertise in designing and using data management systems to assure accurate data collection, analysis, and reporting.
d Quality of service performance in the City and in reference communities, especially with respect to service issues like missed pickups and cooperative approaches to providing data and developing new programs, as well as litigation history.
3 SUSTAINABILITY 18
a
Demonstrated ability to support City efforts to mitigate environmental and infrastructural impacts of solid waste collection, including, but not limited to, reducing vehicle miles travelled (VMT), air pollution (GHG), and damage to City roadways.
b Proposed approach to facilitating City’s implementation of its Climate Action Framework, Zero Waste goals, and associated environmental initiatives.
c
Approach to the use of alternative fuels in collection vehicle fleet, in a blend consistent with EPA and Department of Energy standards for alternative fuels, and approach to the implementation of CARB’s ACF regulations. d Internal sustainability programs (use of local vendors, innovative “green” approach to providing services, corporate sustainability, etc.).
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
4 PROPOSED SERVICES, IMPROVEMENTS, & TECHNOLOGY 13
a Proposed approach to service transition that minimizes disruption to the community and involves a clear and efficient implementation schedule.
b Proven ability to decrease waste and increase recovery of waste materials via creative solutions. c Proposed recyclables processing facility(ies) is/are fully permitted, have sufficient processing capacity, demonstrate reasonable residual percentages, and located such that they do not lead to excessive VMT. d Proposed approach to route operations, collection vehicles, and collection containers. e
Proven ability to meet regulatory requirements, including all state and local recycling and organics diversion requirements, and to provide City with required reports and data (annual report, tonnage, SB 54, AB 341, AB 1826, etc.).
e
Proven ability to use technology to innovate and provide value above and beyond the basic standards for service included in the RFP and Agreement, including but not limited to the ability to easily and transparently share data with the City and to the public. f Proposed approach to providing vehicles equipped with technology to provide service verification and GPS tracking, and City’s access to such collected information.
5 COMMUNITY EMPLOYMENT & PARTNERSHIP 8
a
Demonstrated experience fostering and supporting the well-being of the City in direct and collaborative partnership with the City.
c
Demonstrated approach to local hiring, including specifics about compliance with displaced employee hiring requirement, competitive benefits, a commitment to equity, and a willingness to engage in discussions with organized labor.
d Proven ability to engage in proactive communications with City staff and partners. f Proven commitment to employee on-the-job safety, as well as to a Vision Zero approach to vehicle safety. 6 COMMUNICATION, OUTREACH, & CUSTOMER SERVICE 8
a
Proposed approach to providing effective and innovative educational outreach materials to all customers to increase participation in diversion programs and reduce contamination of collected organic waste and recyclable materials.
b Proven responsiveness to customers, including but not limited to excellent customer communications, follow-up, follow-through, and ability to listen to customer feedback.
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
7 FINANCIAL ABILITY & INTEGRITY 5
a
Financial review, including a review of key financial indicators, outstanding debt and debt coverage ratios, ability to finance capital purchases and needed start-up investments in equipment. b Proposer’s capacity and plans for responding to fluctuations in the value of recyclable material markets. c
Demonstrated approach to prevention and identification of internal fraud, corruption, and/or financial malfeasance.
TOTAL POSSIBLE PROPOSAL EVALUATION SCORE 100
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
Attachment 9
Attachment 9:
Existing Collection Services Agreement Between the
City of Sebastopol and Recology Sonoma Marin,
Including Amendments
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
COLLECTION SERVICES AGREEMENT
BETWEEN
THE CITY OF SEBASTOPOL
AND
REDWOOD EMPIRE DISPOSAL, INC.
FOR
SOLID WASTE, RECYCLABLE &
COMPOSTABLE MATERIALS COLLECTION
AND
STREET SWEEPING SERVICES
DECEMBER 5, 2008
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
TABLE OF CONTENTS
LIST OF EXIIlBITS .......................................................................................................................... X ARTICLE 1. DEFINITIONS ............................................................................................................. 1
1.1 AGREEMENT .......................................................................................................................... 1
1.2 BILLINGS ................................................................................................................................ 1
1.3 BIN(S) ..................................................................................................................................... 1
1.4 BIN SERVICE .......................................................................................................................... 1
1.5 BULKY ITEM .......................... ············ ..................................................................................... 1
1.6 CART(S) .................................................................................................................................. l
1.7 CARTSERVICE ....................................................................................................................... 2
1.8 CITY ....................................................................................................................................... 2
1.9 COLLECTION .......................................................................................................................... 2
1.10 COMMERCIAL BUSINESS ........................................................................................................ 2
1.11 COMP ACTOR .......................................................................................................................... 2
1.12 COMPLAINT ............................................................................................................ ··········· ..... 2
1.13 COMPOST ABLE CONTAINER .................................................................................................. 2
1.14 COMPOST ABLE MATERIALS .................................................................................................. 2
1.15 COMPOSTING FACILITY ......................................................................................................... 3
1.16 CONTRACTOR ......................................................................................................................... 3
1.17 CONSTRUCTION AND DEMOLITION DEBRIS (C&D DEBRIS) ................................................. 3
1.18 CURBSIDE ............................................................................................................................... 3
1.19 DEBRIS Box ........................................................................................................................... 3
1.20 DELIVERY .............................................................................................................................. 3
1.21 DESIGN A TED WASTE ............................................................................................................. 3
1.22 DISPOSAL (OR DISPOSE) ........................................................................................................ 3
1.23 DISPOSAL SITE(S) .................................................................................................................. 3
1.24 EXTRAS .................................................................................................................................. 4
1.25 FRANCHISE FEE ...................................................................................................................... 4
1.26 GENERA TOR ........................................................................................................................... 4 ii City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
1.27 GROSS REVENUES .................................................................................................................. 4
1.28 HANDLING .............................................................................................................................. 4
1.29 HAzARDOUS SUBSTANCE ...................................................................................................... 4
1.30 HAzARDOUS WASTE .............................................................................................................. 5
1.31 HOUSEHOLD HAzARDOUS WASTE ........................................................................................ 5
1.32 INDUSTRIAL ........................................................................................................................... 5
1.33 INFECTIOUS WASTE ............................................................................................................... 5
1.34 LEGISLATION ......................................................................................................................... 5
1.35 MULTI-FAMILY RESIDENTIAL COMPLEX .............................................................................. 5
1.36 OCCUPANT ............................................................................................................................. 5
1.37 OWNER ................................................................................................................................... 5
1.38 PERSON .................................................................................................................................. 5
1.39 PREMISES ............................................................................................................................... 6
1.40 PROCESSING ........................................................................................................................... 6
1.41 PROCESSING FACILITY ........................................................................................................... 6
1.42 RECYCLING CONTAINER ........................................................................................................ 6
1.43 RECYCLABLE MATERIALS (ALSO "RECYCLABLES") ............................................................. 6
1.44 RECYCLING ............................................................................................................................ 6
1.45 REFUSE ................................................................................................................................... 6
1.46 ROLL-OFF/COMPACTOR REFUSE SERVICE ............................................................................ 7
1.47 ROLL-OFF CONTAINER .......................................................................................................... 7
1.47 SINGLE-FAMILY RESIDENCE ................................................................................................. 7
1.48 SMALL COMMERCIAL GENERA TOR ....................................................................................... 7
1.49 SOURCE SEPARATED CONSTRUCTION AND DEMOLITION (C&D) MATERIALS .................... 7
1.50 'fEMPORARY DEBRIS Box SERVICE ...................................................................................... 7
1.51 'fERM ...................................................................................................................................... 7
1.52 TRANSFER STATION ............................................................................................................... 8
1.53 TRANSPORTATION ................................................................................................................. 8
1.54 WIDTE GOODS ....................................................................................................................... 8 ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR ............ 9
2.1 CORPORATE STATUS ............................................................................................................. 9 iii City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
2.2 CORPORATE AUTHORIZATION (OR PARTNERSHIP, ASSOCIATION OR JOINT VENTURE AUTHORIZATION) .............................................................................................................................. 9
2.3 AGREEMENT WILL NOT CAUSE BREACH .............................................................................. 9
2.4 No LITIGATION ...................................................................................................................... 9
2.5 NO ADVERSE JUDICIAL DECISIONS ....................................................................................... 9
2.6 ABILITY TO PERFORM ............................................................ ·············· ................................ 10 ARTICLE 3. TERM OF AGREEMENT ......................................................................................... 11
3.1 EFFECTIVE DATE ................................................................................................................. 11 3 .2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT ............................................................ .11
3. 2.1 Accuracy of Representations ............................................................................................ 11
3. 2. 2 Absence of Litigation ....................................................................................................... 11
3. 2. 3 Effectiveness of City Council Action ................................................................................ 11
3.3 TERM .................................................................................................................................... 11
3.4 OPTION TO EXTEND TERM .................................................................................................. 11 ARTICLE 4. SCOPE OF AGREEMENT ....................................................................................... 12
4.1 SCOPE OF AGREEMENT ........................................................................................................ 12
4.2 LIMITATIONS TO SCOPE ....................................................................................................... 12 ARTICLE 5. COLLECTION SERVICES ...................................................................................... 14
5.1 GENERAL .............................................................................................................................. 14
5.2 REFUSE SERVICES ................................................................................................................ 14
5.2.1 Single-Family Residential Refuse Service ........................................................................ 14
5.2.2 Multi-Family Complex Refuse Service ............................................................................. 14
5. 2. 3 Commercial Refuse Service .............. ............................................................................... 14
5.3 RECYCLING SERVICES ......................................................................................................... 15
5. 3.1 Single-Family Residential Recycling Service .......................................... ........................ 15
5.3.2 Multi-Family Complex Recycling Service ........................................................................ 15
5. 3. 3 Commercial Recycling Program ...................................................................................... 15
5.4 COMPOST ABLE MATERIALS PROGRAM ............................................................................... 16
5.4.1 Single-Family Residential Compostable Materials Program .......................................... 16 iv City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
5.5 USED MOTOR OIL COLLECTION PROGRAM ........................................................................ 16
5.5.1 Single Family Residences ................................................................................................ 16
5.5.1 Multi-Family Residences ................................................................................................. 16
5.6 CHRISTMAS TREE DROPOFF ................................................................................................ 17
5. 7 HOUSEHOLD ALKALINE BATTERY RECYCLING PROGRAM ................................................ 17
5.8 BULKY ITEM COLLECTION PROGRAM ................................................................................. 17
5.9 CLEAN UP BIN" SERVICE ...................................................................................................... 17 5 .10 CITY FACILITIES .................................................................................................................. 18 5 .11 COLLECTION FROM CITY SPONSORED EVENTS ................................................................. .18
5.12 REMOVAL OF HAzARDOUS WASTE ..................................................................................... 18
5.13 TRANSPORTATION OF REFUSE, RECYCLABLE MATERIALS AND COMPOSTABLE MATERIALS ............................................................................................................ ················· ......... 18
5.14 PROCESSING OF REFUSE, RECYCLABLE MATERIALS, AND COMPOSTABLEMATERIALS .. .18 5 .15 COLLECTION STANDARDS ..................................................... ···················· .......................... 19
5.15.1 Care of Private Property ................................................................................................. 19
5.15. 2 Litter Abatement ............................................................................................................... 19
5.15.3 Hours o/Collection .......................................................................................................... 19
5.15.4 Noise ................................................................................................................................ 19
5.15. 5 Holiday Collection Schedule ............................................................................................ 19 5 .16 VEHICLES ............................................................................................................................. 20
5.16.1 General ................................................................................... .. ....................................... 20
5.16. 2 Specifications ................................................................................................................... 20
5.16. 3 Vehicle Identification ................................................................. ...................................... 20
5.16. 4 Inventory .......................................................................................................................... 20
5.16. 5 Cleaning and Maintenance ............................................................................................... 20
5.16. 6 Operation ......................................................................................................................... 20 5 .17 CONTAINERS ........................................................................................................................ 21
5.17.1 General ............................................................................................................................ 21
5.17.2 Refase Cart Containers .................................................................................................... 21
5.17.3 Refase Bin Containers ...................................................................................................... 22
5.17.4 Recycling Containers .................................................................................................... ... 22 V City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
5.17. 5 Compostable Materials Cart Service Containers ............................................................ 22 -5.17.6 Repair and Replacement .................................................................................................. 23
5.18 EDUCATION AND RECYCLING/RE-USE SUPPORT ................................................................. 23
5.18.1 New Customer Start Up Packet ....................................................................................... 23
5.18.2 /eformational Newsletters ................................................................................................ 23
5.18.3 Ongoing Education and Outreach .. ................................................................................. 23 5 .19 PERSONNEL .......................................................................................................................... 24
5.19.l General ............................................ : ............................................................................... 24
5.19.2 Driver Qualifications ....................................................................................................... 24
5.19.3 Safety Training ................................................................................................................. 24
5.19.4 No Gratuities .................................................................................................................... 24
5.19.5 Employee Conduct and Courtesy ..................................................................................... 25
5.19.6 Provision of Field Supervision ......................................................................................... 25
5.19. 7 Customer Service/Billing Liaison .................................................................................... 25 ARTICLE 6. STREET SWEEPING SERVICES .......................................................................... .26
6.1 Street Sweeping Methodology ......................................................................................... 26
6.2 Street Sweeping Equipment ............................................................................................. 26
6.3 Operator Responsibilities ................................................................................................. 27 ARTICLE 7. OTHER RELATED SERVICES AND STANDARDS .......................................... .28
7.1 BILLING ................................................................................................................................ 28
7.1.1 Charges and Rates ........................................................................................................... 28
7.1.2 Production of Invoices ..................................................................................................... 28
7.1.3 Partial Month Service ...................................................................................................... 28
7.1.4 Past DueAccounts ........................................................................................................... 28
7.1.5 Annual Prepayment .......................................................................................................... 29
7.2 SERVICE RATE ELEMENTS ................................................................................................... 29
7.3 ADJUSTMENTS TO MAxIMUM COLLECTION SERVICE RATES ............................................ 29
7. 3.1 Adjustment to Collection Component .............................................................................. 29
7.3.2 RRl Adjustment ................................................................................................................ 29 vi City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
7.3.3 Adjustment to Disposal Component ................................................................................. 30
7.3.4 Disposal Element rate Adjustments ..................................................................................... 31
7.3 ADJUSTMENTS TO MAxlMuM COLLECTION SERVICE RATES ........................................... .31 ARTICLE 8. RECORDS ................................................................................................................... 32
8.1 GENERAL ........................ ·························· ............................................................................ 32
8.1.1 Refuse Records ................................................................................................................. 32
8.1.2 Recyclable Materials and Compostable Materials Collection Service Records ............. 33
8.1.3 Transfer and Disposal Records ....................................................................................... 33
8.2 REPORTS .............................................................................................................................. 33
8.2.1 General ............................................................................................................................ 33
8.3 ANNUAL REPORTS ............................................................................................................... 34
8.3.l Annual Report Requirements ........................................................................................... 34
8.4 FINANCIAL INFORMATION .................................................................................................... 34
8.5 DIVERSION PROGRAMS ........................................................................................................ 35
8.6 RIGHT TO INSPECT RECORDS .............................................................................................. 35
8. 7 INSPECTION BY CITY ........................................................................................................... 35
8.8 PUBLIC/CUSTOMER SERVICE AND ACCESSIBILITY ............................................................ .35
8.8.1 Office Location ................................................................................................................. 35
8.8.2 Office Hours ..................................................................................................................... 35
8.8.3 Availability of Representatives ........................................................................................ 35
8.8.4 Telephone ......................................................................................................................... 36
8.9 nTLE TO REFUSE ................................................................................................................. 36
8.IO NON-DISCRIMINATION ........................................................................................................ 36
8.11 REPORT OF ACCUMULATION OF REFUSE; UNAUTHORIZED DUMPING ............................... 36 ARTICLE 9. FRANCIDSE FEE, AB 939 AND OTHER FEES .................................................. 36
9.1 FRANCHISEFEE .................................................................................................................... 37 9 .2 OTHER FEES ......................................................................................................................... 3 7 9 .3 ADJUSTMENT TO FEES ......................................................................................................... 3 7 ARTICLE 10. INDEMNITY, INSURANCE, FAITHFUL PERFORMANCE ............................ 38 IO.I AB 939 INDEMNIFICATION .................................................................................................. 38 vii City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024
10.2 INSURANCE ............................................................................................................................... 38
10.2.1 Minimum Scope oflnsurance ........................................................................................... 38
10.2.2 Minimum Limits of lnsurance .......................................................................................... 38
10.2.3 Deductibles and Self-Insured Retentions ......................................................................... 38
10.2.4 Other Insurance Provisions ............................................................................................. 39
10.2.5 Acceptability oflnsurers .................................................................................................. 39
10.2.6 Verification ofCoverage .................................................................................................. 39
10.2. 7 Required Endorsements .................... ............................................................................... 40 ARTICLE 11. DEFAULT AND REMEDIES ................................................................................. 41
11.1 EVENTS OF DEFAULT ........................................................................................................... 42
11.2 RIGHT TO TERMINATE UPON DEFAULT .............................................................................. .42
11.3 POSSESSION OF PROPERTY UPON TERMINATION ............................................................... .42
11.4 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ............................................... 42
11.5 LIQUIDATED DAMAGES ...............................................................•....................................... 43
11.6 EXCUSE FROM PERFORMANCE ............................................................................................ 43
11. 7 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE ....................................................... .44 ARTICLE 12. OTHER AGREEMENTS OF THE PARTIES ..................................................... .45
12.1 RELATIONSHIP OF PARTIES ................................................................................................. 45
12.2 COMPLIANCE WITH LA w ..................................................................................................... 69
12.3 GOVERNING LAW ................................................................................................................. 45
12.4 JURISDICTION ....................................................................................................................... 45
12.5 GUARANTY OF CONTRACTOR'S PERFORMANCE ............................................................... ..45
12.6 ASSIGNMENT ........................................................................................................................ 45
12.7 SUBCONTRACTING ............................................................................................................... 46
12.8 BINDING ON SUCCESSORS ................................................................................................... 46
12.9 TRANSITION TO NEXT CONTRACTOR ................................................................................. .46
12.10 PARTIES IN INTEREST ........................................................................................................... 46
12.11 WAIVER ................................................................... ............................................................ 47
12.14 NOTICE ................................................................................................................................. 47
12.15 REPRESENTATIVES OF THE PARTIES .................................................................................. .47 viii City of Sebastopol
Agenda Item Number: 3
Agenda Item Number: 3
City Council Meeting Packet for Meeting of: June 4, 2024