Agenda — Willits City Council, December 13, 2023 (part 2 of 2)

Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration (ETo Table*
Annual
Countv and Citv Jan Feb Mar Aor May Jun Jul Au2: Seo Oct Nov Dec ETo FRESNO
Reedley I.I 1.5 3.2 4.7 6.4 7.7 8.5 7.3 S.3 3.4 1.4 0.7 S1.3 Westlands 0.9 1.7 3.8 6.3 8.0 8.6 8.6 7.8 5.9 4.3 2.1 1.1 58.8 GLENN
Orland l.l 1.8 3.4 S.0 6.4 7.5 7.9 6.7 5.3 3.9 1.8 1.4 52. l Willows 1.2 1.7 2.9 4.7 6.1 7 .2 8.S 7.3 5.3 3.6 1.7 1.0 s 1.3

HUMBOLDT
Eureka 0.5 I.I 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Ferndale 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Garberville 0.6 1.2 2.2 3.1 4.5 5.0 5.5 4.9 3.8 2.4 1.0 0.7 34.9 Hoopa 0.5 1.1 2.1 3.0 4.4 5.4 6.1 5. I 3.8 2.4 0.9 0.7 35.6

IMPERIAL
Brawley 2.8 3.8 5.9 8.0 10.4 11.5 11.7 10.0 8.4 6.2 3.5 2.1 84.2 Calipatria/Mulberry 2.4 3.2 5.1 6.8 8.6 9.2 9.2 8.6 7.0 5.2 3 .1 2.3 70.7 El Centro 2.7 3.5 5.6 7.9 10.1 I 1.1 11.6 9.5 8.3 6.1 3.3 2.0 81.7 Holtville 2.8 3.8 5.9 7.9 10.4 11.6 12.0 JO.0 8.6 6.2 3.5 2.1 84.7 Meloland 2.5 3.2 5.5 7.5 8.9 9.2 9.0 8.5 6.8 5.3 3.1 2.2 71.6 Palo Verde II 2.5 3.3 5.7 6.9 8.5 8.9 8.6 7.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.5 5.9 7.7 9.7 10.1 9.3 8.3 6.9 5.5 3.4 2.2 75.4 Westmoreland 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 INYO
Bishop 1.7 2.7 4.8 6.7 8.2 10.9 7.4 9.6 7.4 4.8 2.5 1.6 68.3 Death ValJey Jct 2.2 3.3 5.4 7.7 9.8 I Ll 11.4 10.1 8.3 5.4 2.9 1.7 79.l Independence 1.7 2.7 3.4 6.6 8.5 9.5 9.8 8.5 7.1 3.9 2.0 1.5 65.2 Lower Haiwee Res. 1.8 2.7 4.4 7.1 8.5 9.5 9.8 8.5 7.1 4.2 2.6 1.5 67.6 Oasis 2.7 2.8 5.9 8.0 10.4 11.7 11.6 10.0 8.4 6.2 3.4 2.1 83.l KERN
Arvin 1.2 1.8 3.5 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 5 1.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 7.3 5.3 3.5 1.6 0.9 52.4 Bakersfield/Bonanza 1.2 2.2 3.7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Bakersfield/Greenlee 1.2 2.2 3.7 5.7 7.4 8 .2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Belridge 1.4 2.2 4.1 5.5 7.7 8.5 8.6 7.8 6.0 3.8 2.0 1.5 59.2 Blackwells Comer 1.4 2.1 3.8 5.4 7.0 7.8 8.5 7.7 5.8 3.9 1.9 1.2 56.6 Buttonwillow 1.0 1.8 3.2 4.7 6.6 7.7 8.5 7.3 5.4 3.4 1.5 0.9 52.0 China Lake 2.1 3.2 5.3 7.7 9.2 10 .0 I 1.0 9.8 7.3 4.9 2.7 1.7 74.8 Delano 0.9 1.8 3.4 4.7 6.6 7 .7 8.5 7.3 5.4 3.4 1.4 0.7 52.0 Famoso 1.3 1.9 3.5 4.8 6.7 7 .6 8.0 7.3 5.5 3.5 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6.8 5.9 3.4 1.9 1.0 49.5 Inyokem 2.0 3.1 4.9 7.3 8.5 9 .7 11.0 9.4 7.1 5.1 2.6 1.7 72.4 Isabella Dam 1.2 1.4 2.8 4.4 5.8 7.3 7.9 7.0 5.0 3.2 1.7 0.9 48.4 Lamont 1.3 2.4 4.4 4.6 6.5 7.0 8.8 7.6 5.7 3.7 1.6 0.8 54.4 Lost Hills 1.6 2.2 3.7 5.l 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 McFarland/Kem 1.2 2.1 3.7 5.6 7.3 8.0 8.3 7.4 5.6 4.1 2.0 1.2 56.5 Shafter LO 1.7 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.5 0.9 52.1 Taft 1.3 1.8 3.1 4.3 6.2 7.3 8.5 7.3 5.4 3.4 1.7 1.0 51.2 Tehachapi 1.4 l.8 3.2 5.0 6.1 7.7 7.9 7.3 5.9 3.4 2.1 1.2 52.9 KINGS
Caruthers 1.6 2.5 4.0 5.7 7.8 8.7 9.3 8.4 6.3 4.4 2.4 1.6 62.7

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§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A - Reference EvapotransJ>iration (ETo, Table* Annual
County and Citv Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo KINGS
Corcoran 1.6 2.2 3.7 5.l 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Hanford 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.2 5.4 3.4 1.4 0.7 51.5 Kettleman 1.1 2.0 4.0 6.0 7.5 8.5 9.1 8.2 6.1 4 .5 2.2 I.I 60.2 Lemoore 0.9 l .5 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 l.4 0.7 51.7 Stratford 0.9 1.9 3.9 6.1 7.8 8.6 8.8 7.7 5.9 4.1 2.1 1.0 58.7 LAKE
Lakeport I.I 1.3 2.6 3.5 5. I 6.0 7.3 6.1 4.7 2.9 1.2 0.9 42.8 Lower Lake 1.2 1.4 2.7 4.5 5.3 6.3 7.4 6.4 5.0 3.1 l.3 0.9 45.4 LASSEN
Buntingville 1.0 1.7 3.5 4.9 6.2 7.3 8.4 7.5 5.4 3.4 1.5 0.9 51.8 Ravendale 0.6 1.1 2.3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Susanville 0.7 l.O 2.2 4.1 5.6 6.5 7.8 7.0 4.6 2.8 1.2 0.5 44.0

LOS ANGELES
Burbank 2.1 2.8 3.7 4.7 5.1 6.0 6.6 6.7 5.4 4.0 2.6 2.0 51.7 Claremont 2.0 2.3 3.4 4.6 5.0 6.0 7.0 7.0 5.3 4.0 2.7 2.1 51.3 El Dorado 1.7 2-2 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 l.7 46.3 Glendale 2.0 2.2 3.3 3.8 4.7 4.8 5.7 5.6 4.3 3.3 2.2 1.8 43.7 Glendora 2.0 2.5 3.6 4 .9 5.4 6.1 7.3 6.8 5.7 4.2 2.6 2.0 53.1 Gorman 1.6 2.2 3.4 4.6 5.5 7.4 7.7 7.1 5.9 3.6 2.4 1.1 52.4 Hollywood Hills 2.1 2.2 3.8 5.4 6.0 6.5 6.7 6.4 5.2 3.7 2.8 2.1 52.8 Lancaster 2.1 3.0 4.6 5.9 8.5 9.7 11.0 9.8 7.3 4.6 2.8 1.7 71.1 Long Beach 1.8 2.1 3.3 3.9 4.5 4.3 5.3 4.7 3.7 2.8 1.8 1.5 39.7 Los Angeles 2.2 2.7 3.7 4.7 5.5 5.8 6.2 5.9 5.0 3.9 2.6 1.9 50.l Monrovia 2.2 2.3 3.8 4.3 5.5 5.9 6.9 6.4 5.1 3.2 2.5 2.0 50.2 Palmdale 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2. 1 66.2 Pasadena 2.1 2.7 3.7 4.7 5.1 6.0 7.1 6.7 5.6 4.2 2.6 2.0 52.3 Pearblossom l.7 2.4 3.7 4.7 7.3 7.7 9.9 7.9 6.4 4.0 2.6 1.6 59.9 Pomona l.7 2.0 3.4 4.5 5.0 5.8 6.5 6.4 4.7 3.5 2.3 1.7 47.5 Redondo Beach 2.2 2.4 3.3 3.8 4.5 4.7 5.4 4.8 4.4 2.8 2.4 2.0 42.6 San Fernando 2.0 2.7 3.5 4.6 5.5 5.9 7.3 6.7 5.3 3.9 2.6 2.0 52.0 Santa Clarita 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 5.0 5.4 5.4 3.9 3.4 2.4 2.2 44.2 MADERA
Chowchilla 1.0 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Madera 0.9 1.4 3.2 4.8 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.5 Raymond 1.2 1.5 3.0 4.6 6.1 7.6 8.4 7.3 5.2 3.4 1.4 0.7 50.5 MARIN
Black Point I.I 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 Novato 1.3 1.5 2.4 3.5 4.4 6.0 5.9 5.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro I.I 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 28 1.3 0.9 43.0 San Rafael 1.2 1.3 2.4 3.3 4.0 4.8 4.8 4.9 4.3 2.7 1.3 0.7 35.8

MARIPOSA
Coulterville I.I 1.5 2.8 4.4 5.9 7.3 8. 1 7.0 5.3 3.4 1.4 0.7 48.8 Mariposa I.I 1.5 2.8 4.4 5.9 7.4 8.2 7.1 5.0 3.4 1.4 0.7 49.0 Yosemite Village 0.7 1.0 2.3 3.7 5.1 6.5 7.l 6.1 4.4 2.9 1.1 0.6 41.4

MENDOCINO
Fort Bragg 0.9 1.3 2.2 3.0 3.7 3.5 3.7 3.7 3.0 2.3 1.2 0.7 29.0 Hopland I.I 1.3 2.6 3.4 5.0 5.9 6.5 5.7 4 .5 2.8 1.3 0.7 40.9

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Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration (ETo, Table*
Annual
County and City Jan Feb Mar Apr May Jun Jul Aue Sep Oct Nov Dec ETo

MENDOCINO
Point Arena 1.0 1.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Sane! Valley 1.0 1.6 3.0 4.6 6.0 7.0 8.0 7.0 5.2 3.4 1.4 0.9 49.1 Ukiah 1.0 1.3 2.6 3.3 5.0 5.8 6.7 5.9 4.5 2.8 1.3 0.7 40.9 MERCED
Kesterson 0.9 1.7 3.4 5.5 7.3 8.2 8.6 7.4 5.5 3.8 1.8 0.9 55.1 Los Banos 1.0 1.5 3.2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 J.4 0.7 50.0 Merced 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 5.3 3.4 1.4 0.7 51.5 MODOC
Modoc/ Alturas 0.9 1.4 2.8 3.7 5.1 6.2 7.5 6.6 4.6 2.8 1.2 0 .7 432 MONO
Bridgeoort 0.7 0.9 2.2 3.8 5.5 6.6 7.4 6.7 4.7 2.7 1.2 0 .5 43.0

MONTEREY
Arroyo Seco 1.5 2.0 3.7 5.4 6.3 7.3 7.2 6.7 5.0 3.9 2 .0 1.6 52.6 Castro vi lie 1.4 1.7 3.0 4.2 4.6 4.8 4.0 3.8 3.0 2.6 1.6 1.4 36.2 Gonzales l.3 1.7 3.4 4.7 5.4 6.3 6.3 5.9 4.4 3.4 1.9 1.3 45.7 Greenfield 1.8 2.2 3.4 4.8 5.6 63 6.5 6.2 4.8 3.7 2.4 1.8 49.5 King City 1.7 2.0 3.4 4.4 4.4 5.6 6.1 6.7 6.5 5.2 2 .2 1.3 49.6 King City-Oasis Rd. 1.4 1.9 3.6 5.3 6.5 7.3 7.4 6.8 5. 1 4.0 2.0 1.5 52.7 Long Valley 1.5 1.9 3.2 4.1 5.8 6.5 7.3 6.7 5.3 3.6 2 .0 1.2 49.1 Monterey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 3.5 2.8 1.9 1.5 36.0 Pajaro 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2 .4 1.8 46.1 Salinas 1.6 1.9 2.7 3.8 4.8 4.7 5.0 4.5 4.0 2.9 1.9 1.3 39.1 Salinas North 1.2 1.5 2.9 4.1 4.6 5.2 4.5 4.3 3.2 2.8 1.5 1.2 36.9 San Ardo 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 San Juan 1.8 2.1 3.4 4.6 5.3 5.7 5.5 4.9 3.8 3.2 2 .2 1.9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5.4 6.5 6.2 5.2 3.7 2 .2 1.5 47.7 NAPA
Angwin 1.8 1.9 3.2 4.7 5.8 7.3 8. l 7.1 5.5 4.5 2.9 2.1 54.9 Carneros 0.8 1.5 3.1 4.6 5.5 6.6 6.9 6.2 4.7 3.5 1.4 1.0 45.8 Oakville 1.0 1.5 2.9 4.7 5.8 6.9 7.2 6.4 4.9 3.5 1.6 1.2 47.7 St Helena J.2 1.5 2.8 3.9 5.1 6.1 7.0 6.2 4.8 3.1 1.4 0 .9 44.I Yountville l.3 1.7 2.8 3.9 5.1 6.0 7.1 6.1 4.8 3.1 1.5 0 .9 44.3 NEVADA
Grass Valley 1.1 1.5 2.6 4.0 5.7 7.1 7.9 7.1 5.3 3.2 1.5 0 .9 48.0 Nevada City I.] 1.5 2.6 3.9 5.8 6.9 7.9 7.0 5.3 3.2 1.4 0 .9 47.4 ORANGE
Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 Laguna Beach 2.2 2.7 3.4 3.8 4.6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 Santa Ana 2.2 2.7 3.7 4.5 4.6 5.4 6.2 6.1 4.7 3.7 2.5 2.0 48.2 PLACER
Auburn 1.2 1.7 2.8 4.4 6.1 7.4 8.3 7.3 5.4 3.4 1.6 1.0 50.6 Blue Canyon 0.7 I.] 2.1 3.4 4.8 6.0 7.2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax 1.1 1.5 2.6 4.0 5.8 7.1 7.9 7.0 5.3 3.2 1.4 0.9 47.9 Roseville I.I 1.7 3.1 4.7 6.2 7.7 8.5 7.3 5.6 3.7 1.7 1.0 52.2 Soda Springs 0.7 0.7 1.8 3.0 4.3 5.3 6.2 5.5 4.1 2.5 0.7 0.7 35.4 Tahoe City 0.7 0.7 1.7 3.0 4.3 5.4 6.1 5.6 4.1 2.4 0.8 0.6 35.5 Truckee 0.7 0.7 1.7 3.2 4.4 5.4 6.4 5.7 4.1 2.4 0.8 0.6 36.2

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§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A - Reference Evapotranspiration (ETo Table*
Annual
County and City Jan Feb Mar Apr May Jun Jul Aug Seo Oct Nov Dec ETo PLUMAS
Portola 0.7 0.9 1.9 3.5 4.9 5.9 7.3 5.9 4.3 2.7 0.9 0.5 39.4 Quincy 0.7 0.9 2.2 3.5 4.9 5.9 7.3 5.9 4.4 2.8 1.2 0.5 40.2

RIVERSIDE
Beaumont 2.0 2.3 3.4 4.4 6.1 7.1 7.6 7.9 6.0 3.9 2.6 1.7 55.0 Blythe 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Cathedral City l.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.l Coachella 2.9 4.4 6.2 8.4 10.5 11.9 12.3 JO. I 8.9 6.2 3.8 2.4 88.1 Desert Center 2.9 4.1 6.4 8.5 11.0 12.1 12.2 I I. I 9.0 6.4 3.9 2.6 90.0 Elsinore 2.1 2.8 3.9 4.4 5.9 7.1 7.6 7.0 5.8 3.9 2.6 1.9 55.0 Indio 3.1 3.6 6.5 8.3 10.5 l 1.0 10.8 9.7 8.3 5.9 3.7 2.7 83.9 La Quinta 2.4 2.8 5.2 6.5 8.3 8.7 8.5 7.9 6.5 4.5 2.7 2.2 66.2 Mecca 2.6 3.3 5.7 7.2 8.6 9.0 8.8 8.2 6.8 5.0 3.2 2.4 70.8 Oasis 2.9 3.3 5.3 6. 1 8.5 8.9 8.7 7.9 6.9 4.8 2.9 2.3 68.4 Palm Desert 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 Palm Springs 2.0 2.9 4.9 7.2 8.3 8.5 11.6 8.3 7.2 5.9 2.7 1.7 7 1. 1 Rancho California 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 Rancho Mirage 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 7 1.4 Ripley 2.7 3.3 5.6 7.2 8.7 8.7 8.4 7.6 6 .2 4.6 2.8 2.2 67.8 Salton Sea North 2.5 3.3 5.5 7.2 8.8 9.3 9.2 8.5 6.8 5.2 3.1 2.3 71.7 Temecula East II 2.3 2.4 4.1 4 .9 6.4 7.0 7.8 7.4 5.7 4.1 2.6 2.2 56.7 Thermal 2.4 3.3 5.5 7.6 9.1 9.6 9.3 8.6 7.1 5.2 3. 1 2.1 72.8 Riverside UC 2.5 2.9 4.2 5.3 5.9 6.6 7.2 6.9 5.4 4 .1 2.9 2.6 56.4 Winchester 2.3 2.4 4.1 4.9 6.4 6.9 7.7 7.5 6 .0 3.9 2.6 2.1 56.8

SACRAMENTO
Fair Oaks 1.0 1.6 3.4 4.1 6.5 7.5 8.1 7.1 5.2 3.4 1.5 1.0 50.5 Sacramento 1.0 1.8 3.2 4.7 6.4 7.7 8.4 7.2 5.4 3.7 1.7 0.9 51.9 Twitchell Island 1.2 1.8 3.9 5.3 7.4 8.8 9.1 7.8 5.9 3.8 1.7 1.2 57.9

SAN BENITO
Hollister 1.5 1.8 3. I 4 .3 5.5 5.7 6.4 5.9 5.0 3.5 1.7 1.1 45.] San Benito 1.2 1.6 3.1 4 .6 5.6 6.4 6.9 6.5 4.8 3.7 1.7 1.2 47.2 San Juan Valley 1.4 1.8 3.4 4 .5 6.0 6.7 7.1 6.4 5.0 3.5 1.8 1.4 49.1

SAN BERNARDINO
Baker 2.7 3.9 6.1 8.3 10.4 11.8 12.2 11.0 8.9 6 .1 3.3 2.1 86.6 Barstow NE 2.2 2.9 5.3 6.9 9.0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 Big Bear Lake 1.8 2.6 4.6 6.0 7.0 7.6 8. 1 7.4 5.4 4 .1 2.4 1.8 58.6 Chino 2.1 2.9 3.9 4 .5 5.7 6.5 7.3 7.J 5.9 4.2 2.6 2.0 54.6 Crestline 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5.4 3.5 2.2 1.6 50.8 Lake Arrowhead 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 11.0 11.4 9.9 7.4 5.0 3.0 1.8 75.3 Needles 3.2 4.2 6.6 8.9 l 1.0 12.4 12.8 11.0 8.9 6.6 4.0 2.7 92.1 Newberry Springs 2.1 2.9 5.3 8.4 9.8 10.9 11.1 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 2.0 2.7 3.8 4.6 5.7 6.9 7.9 7.4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2.6 3.6 5.9 7.9 10. 1 112 11.2 l0.3 8.6 5.9 3.4 2.2 82.9 Victorville 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2

SAN DIEGO
Chula Vista 2.2 2.7 3.4 3.8 4.9 4.7 5.5 4.9 4.5 3.4 2.4 2.0 44.2 Escondido SPV 2.4 2.6 3.9 4.7 5.9 6.5 7.1 6.7 5.3 3.9 2.8 2.3 54.2 Miramar 2.3 2.5 3.7 4.1 5.1 5.4 6.1 58 4.5 3.3 2.4 2.1 47.1

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Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration (ETo) Table*
Annual
County and Citv Jan Feb Mar Apr May Jun Jul Au2 Sep Oct Nov Dec ETo

SAN DIEGO
Oceanside 2.2 2.7 3.4 3.7 4.9 4.6 4.6 5.1 4.1 3.3 2.4 2.0 42.9 OtayLake 2.3 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 2.2 50.4 Pine Valley 1.5 2.4 3.8 5.1 6.0 7.0 7.8 7.3 6 .0 4.0 2.2 1.7 54.8 Ramona 2.1 2. l 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.1 2 .8 2.1 51.6 San Diego 2.1 2.4 3.4 4.6 5.1 5.3 5.7 5.6 4.3 3.6 2.4 2.0 46.5 Santee 2. 1 2.7 3.7 4.5 5.5 6.1 6.6 6.2 5.4 3.8 2.6 2.0 51.l Torrey Pines 2.2 2.3 3.4 3.9 4.0 4.1 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Warner Springs l.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 6.3 4.0 2.5 1.3 56.0

SAN FRANCISCO
San Francisco 1.5 1.3 2.4 3.0 3.7 4.6 4.9 4.8 4 .1 2.8 1.3 0.7 35.1

SAN JOAQUIN
Farmington 1.5 l.5 2.9 4.7 6.2 7.6 8.1 6.8 5.3 3.3 l.4 0.7 50.0 Lodi West 1.0 1.6 3.3 4.3 6.3 6.9 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Manteca 0.9 1.7 3.4 5.0 6.5 7.5 8.0 7.1 5.2 3.3 1.6 0.9 51.2 Stockton 0.8 1.5 2.9 4.7 6.2 7.4 8. I 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6.1 7.3 7.9 6.7 5.3 3.2 1.3 0.7 48.5

SAN LUIS OBISPO
Arroyo Grande 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2.4 1.7 40.0 Atascadero 1.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2 5.0 3.2 1.7 1.0 43.7 Morro Bay 2.0 2.2 3. 1 3.5 4.3 4.5 4.6 4.6 3.8 3.5 2.1 1.7 39.9 Nipomo 2.2 2.5 3.8 5. 1 5.7 6.2 6.4 6.1 4.9 4.1 2.9 2.3 52.1 Paso Robles 1.6 2.0 3.2 4.3 5.5 6.3 7.3 6.7 5.1 3.7 2.1 1.4 49.0 San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel l.6 2.0 3.2 4.3 5.0 6.4 7.4 6.8 5. 1 3.7 2.1 1.4 49.0 San Simeon 2.0 2.0 2.9 3.5 4.2 4.4 4.6 4.3 3.5 3.1 2.0 1.7 38.1

SAN MATEO
Hal Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City 1.5 1.8 2.9 3.8 5.2 5.3 6.2 5.6 4.8 3.1 1.7 1.0 42.8 Woodside 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5

SANT A BARBARA
Betteravia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.1 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 5.5 5.7 4.5 3.4 2.4 2.0 44.9 Cuyama 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4 .5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.7 5.7 5.4 5.4 4.2 3.2 2.8 2.2 48.1 Goleta Foothills 2.3 2.6 3.7 5.4 5.3 5.6 5.5 5.7 4.5 3.9 2.8 2.3 49.6 Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6 4.1 3.3 2.4 1.7 41.1 Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Alamos 1.8 2.0 3.2 4. 1 4.9 5.3 5.7 5.5 4.4 3.7 2.4 1.6 44.6 Santa Barbara 2.0 2.5 3.2 3.8 4 .6 5. 1 5.5 4.5 3.4 2.4 1.8 1.8 40.6 Santa Maria 1.8 2.3 3.7 5.1 5.7 5.8 5.6 5.3 4.2 3.5 2.4 1.9 47.4 Santa Ynez 1.7 2.2 3.5 5.0 5.8 6.2 6.4 6.0 4.5 3.6 2.2 1.7 48.7 Sisquoc 2.1 2.5 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 1.8 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6. 1 5.6 4.4 3.7 2.2 1.6 45.6

SANTA CLARA
Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5 4.7 3.4 1.7 I.I 43.6 Los Gatos 1.5 1.8 2.8 3.9 5.0 5.6 6.2 5.5 4.7 3.2 1.7 I.I 42.9 Morgan Hill 1.5 1.8 3.4 4.2 6.3 7.0 7.1 6.0 5.1 3.7 1.9 1.4 49.5 Palo Alto 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6 5.0 3.2 1.7 1.0 43.0

Page 38 ends

§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Appendix A - Reference Evapotranspiration (ETo Table*
Annual
Countv and Citv Jan Feb Mar Apr Mav Jun Jul Am! Sep Oct Nov Dec ETo

SANTA CLARA
San Jose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9 5.2 3.3 1.8 1.0 45.3

SANTACRUZ
De Laveaga l.4 1.9 3.3 4.7 4.9 5.3 5.0 4.8 3.6 3.0 1.6 1.3 40.8 Green Valley Rd 1.2 1.8 3.2 4.5 4.6 5.4 5.2 5.0 3.7 3.1 1.6 1.3 40.6 Santa Cruz 1.5 1.8 2.6 3.5 4.3 4.4 4.8 4.4 3.8 2.8 1.7 1.2 36.6 Watsonville 1.5 1.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 I.2 37.7 Webb 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.2 SHASTA
Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 Fall River MiJls 0.6 l.0 2.1 3.7 5.0 6.1 7.8 6.7 4.6 2.8 0.9 0.5 41.8 Glenburn 0.6 1.0 2.1 3.7 5.0 6.3 7.8 6.7 4.7 2.8 0.9 0.6 42.1 McArthur 0.7 1.4 2.9 4.2 5.6 6.9 8.2 7.2 5.0 3.0 I.I 0.6 46.8 Redding 1.2 1.4 2.6 4.1 5.6 7.1 8.5 7.3 5.3 3.2 1.4 0.9 48.8 SIERRA
Downieville 0.7 1.0 2.3 3.5 5.0 6.0 7.4 6.2 4.7 2.8 0.9 0.6 41.3 Sierra ville 0.7 I.I 2.2 3.2 4.5 5.9 7.3 6.4 4.3 2.6 0.9 0.5 39.6

SISKIYOU
Happy Camp 0.5 0.9 2.0 3.0 4.3 5.2 6.1 5.3 4.1 2.4 0.9 0.5 3S.l MacDoel 1.0 1.7 3.1 4.S 5.9 7.2 8.1 7.1 5. I 3.1 l.5 1.0 49.0 Mt Shasta 0.5 0.9 2.0 3.0 4.5 5.3 6.7 5.7 4.0 2.2 0.7 0.5 36.0 Tule lake FS 0.7 1.3 2.7 4.0 5.4 6.3 7. 1 6.4 4.7 2.8 1.0 0.6 42.9 Weed 0.S 0.9 2.0 2.5 4.5 5.3 6.7 5.5 3.7 2.0 0.9 0.5 34.9 Yreka 0.6 0.9 2.1 3.0 4.9 5.8 7.3 6.5 4.3 2.5 0.9 0.5 39.2 SOLANO
Benicia 1.3 1.4 2.7 3.8 4.9 5.0 6.4 5.5 4.4 2.9 1.2 0.7 40.3 Dixon 0.7 1.4 3.2 5.2 6.3 7.6 8.2 7.2 5.5 4.3 1.6 I.I 52.1 Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0 4.8 3. 1 1.4 0.9 4S.2 Hastings Tract 1.6 2.2 3.7 S.I 6.8 7.8 8.7 7.8 5.7 4.0 2.1 l.6 57.1 Putab Creek 1.0 1.6 3.2 4.9 6.1 7.3 7.9 7.0 5.3 3.8 l.8 1.2 51.0 Rio Vista 0.9 1.7 2.8 4.4 5.9 6.7 7.9 6.5 5.1 3.2 1.3 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.7 5.8 7.0 7.7 6.8 5.3 3.8 l.4 0.9 48.3 Winters 0.9 1.7 3.3 s.o 6.4 7.5 7.9 7.0 5.2 3.5 l.6 1.0 51.0 SONOMA
Bennett Valley I.I I. 7 3.2 4.1 5.5 6.5 6.6 5.7 4.5 3.1 1.5 0.9 44.4 Cloverdale I.I l.4 2.6 3.4 5.0 5.9 6.2 5.6 4.5 2.8 1.4 0.7 40.7 Fort Ross 1.2 l.4 2.2 3.0 3.7 4 .5 4.2 4.3 3.4 2.4 1.2 0.5 31.9 Healdsburg 1.2 1.5 2.4 3.5 5.0 5.9 6.1 5.6 4.5 2.8 1.4 0.7 40.8 Lincoln 1.2 1.7 2.8 4.7 6.1 7.4 8.4 7.3 5.4 3.7 1.9 1.2 51.9 Petaluma 1.2 1.5 2.8 3.7 4.6 5.6 4.6 5.7 4.5 2.9 1.4 0.9 39.6 Santa Rosa 1.2 1.7 2.8 3.7 S.0 6.0 6.J 5.9 4.5 2.9 l.5 0.7 42.0 Valley of the Moon 1.0 1.6 3.0 4.S 5.6 6.6 7. I 6.3 4.7 3.3 l.S 1.0 46.1 Windsor 0.9 1.6 3.0 4.5 5.5 6.5 6.5 5.9 4.4 3.2 1.4 1.0 44.2

STANISLAUS
Denair 1.0 1.9 3.6 4.7 7.0 7.9 8.0 6.1 5.3 3.4 1.5 1.0 51.4 LaGrange 1.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Modesto 0.9 1.4 3.2 4.7 6.4 7.7 8.1 6.8 5.0 3.4 1.4 0.7 49.7 Newman 1.0 1.5 3.2 4.6 6.2 7.4 8.1 6.7 5.0 3.4 1.4 0.7 49.3 Oakdale 1.2 1.5 3.2 4.7 6.2 7.7 8.1 7.1 S. I 3.4 1.4 0.7 50.3

Page 38 ends

Title 23 Department of Water Resources § 495
Appendix A - Reference Evapotranspiration <ETo Table*
Annual
County and City Jan Feb Mar Apr Mav Jun Jul Aue Sep Oct Nov Dec ETo

STANISLAUS
Patterson 1.3 2.1 4.2 5.4 7.9 8.6 8.2 6.6 5.8 4.0 1.9 1.3 57.3 Turlock 0.9 1.5 3.2 4.7 6.5 7.7 8.2 7.0 5.1 3.4 1.4 0.7 50.2 SUTTER
Nicolaus 0.9 1.6 3.2 4.9 6.3 7.5 8.0 6.9 5.2 3.4 1.5 0.9 50.2 Yuba City 1.3 2.1 2.8 4.4 5.7 7.2 7.1 6.1 4.7 3.2 1.2 0.9 46.7 TEHAMA
Coming 1.2 l.8 2.9 4.5 6.1 7.3 8.J 7.2 5.3 3.7 1.7 I.I 50.7 Gerber 1.0 l.8 3.5 5.0 6.6 7.9 8.7 7.4 5.8 4.1 1.8 I.I 54.7 Gerber Dryland 0.9 1.6 3.2 4.7 6.7 8.4 9.0 7.9 6.0 4.2 2.0 1.0 55.5 Red Bluff l.2 1.8 2.9 4.4 5.9 7.4 8.5 7.3 5.4 3.5 1.7 1.0 SI.I

TRINITY
Hay Fork 0.5 1.1 2.3 3.5 4.9 5.9 7.0 6.0 4.5 2.8 0.9 0.7 40.1 Weaverville 0.6 1.1 2.2 3.3 4.9 5.9 7.3 6.0 4.4 2.7 0.9 0.7 40.0 TULARE
Alpaugh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3 5.4 3.4 1.4 0.7 51.6 Badger 1.0 1.3 2.7 4.1 6.0 7.3 7.7 7.0 4.8 3.3 1.4 0.7 47.3 Delano I.I 1.9 4.0 4.9 7.2 7.9 8.1 7.3 5.4 3.2 1.5 1.2 53.6 Dinuba I.I 1.5 3.2 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Lindcove 0.9 1.6 3.0 4.8 6.5 7.6 8.1 7.2 5.2 3.4 1.6 0.9 50.6 Porterville 1.2 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.3 3.4 1.4 0.7 52.1 Visalia 0.9 1.7 3.3 5.1 6.8 7.7 7.9 6.9 4.9 3.2 1.5 0.8 50.7

TUOLUMNE
Groveland I.I 1.5 2.8 4. 1 5.7 7.2 7.9 6.6 5.1 3.3 1.4 0.7 47.5 Sonora I.I 1.5 2.8 4. 1 5.8 7.2 7.9 6.7 5.1 3.2 1.4 0.7 47.6

VENTURA
Camarillo 2.2 2.5 3.7 4.3 5.0 5.2 5.9 5.4 4.2 3.0 2.5 2.1 46.1 Oxnard 2.2 2.5 3.2 3.7 4.4 4.6 5.4 4.8 4.0 3.3 2.4 2.0 42.3 Piru 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Port Hueneme 2.0 2.3 3.3 4.6 4.9 4.9 4.9 5.0 3.7 3.2 2.5 2.2 43.5 Thousand Oaks 2.2 2.6 3.4 4.5 5.4 5.9 6.7 6.4 5.4 3.9 2.6 2.0 51.0 Ventura 2.2 2.6 3.2 3.8 4.6 4.7 5.5 4.9 4.1 3.4 2.5 2.0 43.5 YOLO
Bryte 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3.5 1.6 1.0 51.0 Davis 1.0 1.9 3.3 5.0 6.4 7.6 8.2 7.1 5.4 4.0 1.8 1.0 52.5 Esparto 1.0 1.7 3.4 5.5 6.9 8. 1 8.5 7.5 5.8 4.2 2.0 1.2 55.8 Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 6.7 5.3 3.3 1.6 1.0 49.4 Woodland 1.0 1.8 3.2 4.7 6.1 7.7 8.2 7.2 5.4 3.7 1.7 1.0 51.6 Zamora l.l 1.9 3.5 5.2 6.4 7.4 7.8 7.0 5.5 4.0 1.9 1.2 52.8 YUBA
Browns Valley 1.0 1.7 3.1 4.7 6.1 7.5 8.5 7.6 5.7 4.1 2.0 I. I 52.9 Brownsville I.I 1.4 2.6 4.0 5.7 6.8 7.9 6.8 5.3 3.4 !.5 0.9 47.4 * The values m this table were denved from:
1) California Irrigation Management Information System (CIMIS); 2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water Resources 1999; and
3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources ( 1987) Bulletin I 922~
4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426

HISTORY
I. New Appendix A filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).

2. Repealer and new Appendix A filed 9-15- 2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).

Page 38 ends

§495 BARCLAYS CALIFORNIA CODE OF REGULATIONS
Appendix B - Sample Water Efficient Landscape Worksheet.

WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package.

Reference Evapotranspiration (ETo)
Hydrozone #
/Planting
Description"
Plant
Factor (PF)
Irrigation
Methodb
Irrigation
Efficiency
(IE)°
ETAF
(PF/IE)
Landscape ETAF x Area Estimated Total
Area (sq, ft,) Water Use
(ETWU)°
Regular Landscape Areas
Special Landscape Areas
"Hydrozone #IP/anting Description
E.g

1.) front fawn

2.) low waler llSe plantings

3.) medium water use planting
blffigation Method
overhead spray
or drip
0 MAWA (Annual Gallons Allowed) = (Eto) ( 0. 62) [ (ETAF x LA) + ((1-ETAF) x $LA)]
where 0.62 is a conversion factor that converts acreinches per acre per year to gallons per square foot per year. LA is the total landscape area in square feet. SLA is the total special landscape area in square feet,
and ETAF is .55 for residential areas and 0.45 for nonresidential areas.

ETAF Calculations
Regular Landscape Areas
Total ET AF x Area
Total Area
Average ETAF
All Landscape Areas
Total ETAF X Area
Total Area
Sitew ide ET AF
(B)
(A)
8-;-A
(B+D)
(A+C)
(B+D) -;, (A+C)
Totals (A) (B)
Totals (C) (D)
ETWU Total
Maximum Allowed Water Allowance (MAWA)
clrrigation Efficiency

0. 75 for spray head

0. 81 for drip
dETWU (Annual Gallons Required)=
Eto x 0.62 x ETAF x Area
where 0.62 is a conversion
factor that converts acreinches per acre per year to
gallons per square foot per
year.

Average ETAF for Regular Landscape Areas must
be 0.55 or below for residential areas, and 0.45 or
below for non-residential areas.

Title 23

HISTORY
I. New Appendix B filed 9- 10-2009; operative 9- 10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).

2. Repealer and new Appendix B filed 9-15- 2015; operative 9-15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).

Page 38 ends

Title 23 Department of Water Resources
Appendix C - Sample Certificate of Completion.

CERTIFICATE OF COMPLETION
This certificate is filled out by the project applicant upon completion of the landscape project.

PART 1. PROJECT INFORMATION SHEET
Date
Project Name
Name of Project Applicant Telephone No.

Fax No.

Title Email Address
Company Street Address
City State I Zip Code
Project Address and Location:

Street Address Parcel, tract or lot number. if available.

City Latitude/Longitude (optional)
State I Zip Code
Property Owner or his/her designee:

Name Telephone No.

Fax No.

Title Email Address
Company Street Address
City State I Zip Code
Property Owner
"I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule." Property Owner Signature Date
Please answer the questions below:

1. Date the Landscape Documentation Package was submitted to the local agency _____ _

2. Date the Landscape Documentation Package was approved by the local agency _____ _

3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor _____ _
§ 495

Page 38 ends

§ 495 BARCLAYS CALIFORNIA CODE OF REGULATIONS
PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE

DOCUMENTATION PACKAGE
"I/we certify that based upon periodic site observations, the work has been completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package."
Signature* Date
Name (print) Telephone No.

Fax No.

Title Email Address
License No. or Certification No.

Company Street Address
City State I Zip Code
*Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor.

PART 3. IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller per ordinance Section 492.10.

PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11.

PART 5, LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report per ordinance Section 492.12.

PART 6. SOIL MANAGEMENT REPORT
Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per ordinance Section 492.6.

Attach documentation verifying implementation of recommendations from soil analysis report per ordinance Section 492.6.

Title 23

HISTORY
I. New Appendix C filed 9- 10-2009; operative 9- 10-2009 pursuant to Govern- ment Code section 11343.4 (Register 2009, No. 37).

2. Repealer and new Appendix C filed 9-15- 2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B- 29- 15 (4-1- 2015) (Register 2015, No. 38).

Page 38 ends

Title 23 Department of Water Resources § 497.2
Appendix D - Prescriptive Compliance Option.
(a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance. (b) Compl.iance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
(l) Subm.it a Landscape Documentation Package which includes the following elements:
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet), including a breakdown of turf and plant material
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner- installed)
(F) water supply type ( e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) contact information for the project applicant and property owner (H) applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO". (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra- indicated by a soil test); (3) Plant material shall comply with all of the following; (A) Forresidential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding ed.ibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor

0.3) for I 00% of the plant area excluding edibles and areas using recycled water;
(B) A m.inimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seed.ing applications where mulch is contraind.icated. ( 4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas; (B) Turf shall not be planted on sloped areas which exceed a slope of I foot vertical elevation change for every 4 feet of horizontal length; (C) Turf is prohibited in parkways less than IO feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles.

Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.
(5) Irrigation systems shall comply with the following:
(A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor. (B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
(E) All irrigation em.ission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802- 2014. "Landscape Irrigation Sprinkler and Emitter Standard," All sprinkler heads installed in the landscape must document a distribution uniform.ity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802- 2014. (F) Areas less than ten ( I 0) feet in width in any d.irection shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
(6) For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed.
(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of instalJation, irrigation schedule and a schedule of landscape and irrigation maintenance.

HISTORY
I. New Appendix D filed 9-15- 2015; operative 9- 15- 2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29- 15 (4-1- 2015) (Register 2015, No. 38).

Chapter 2. 7 .1. Flood Protection Corridor
Program of the Costa-Machado Water Act of
2000
§ 497 .1 . Scope.
(a) These regulations implement Sections 79035 through 79044, and 79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code, which Division is the Costa-Machado Water Act of 2000. They establish a process for fund.ing acquisition of property rights and related activities for flood protection corridor projects undertaken by the Department of Water Resources directly or through grants to local public agencies or nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope.

Within the geographic scope of the CALFED Bay- Delta Program, funds in the subaccount for this program shall be used for projects that, to the greatest extent possible, are consistent with the CALFED long- term plan identified in the Programmatic Record of Decision of August 28, 2000.

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal.

Stat. Ch. 52, Item No. 3860-101- 6005; 2001 Cal. Stat. Ch. 106, Item No. 3860- 001- 0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No. 3860-101-6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water Code

HISTORY
I. Newchapter2.7. l (sections 497.1-497. 12} and section filed 8-19-2003; operative 8- 19- 2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34). § 497.2. Definitions.

The words used in this chapter have meanings set forth as follows:
(a) "A List" means the preferred priority list of projects described in Section 497.6.
(b) "Applicant'' means an entity that is acting as the principal party making an application for fund.ing under the provisions of the Costa-Machado Water Act of 2000. ( c) "B List" means the reserve priority list of projects described in Section 497.6. ( d) "CEQA" means the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.
(e) "Department" means the California Department of Water Resources. (f) "Director" means the Director of the Department of Water Resources. (g) "FEMA" means the Federal Emergency Management Agency. (b) "Fully funded" with respect to a grant project means funded to the full amount of the requested funds or to the funding limit, wh.ichever is less.
(i) "Grant application form" means the Department's form entitled "Flood Protection Corridor Program Project Evaluation Criteria and Competitive Grant Application Form" dated April 9, 2003 and incorporated herein by this reference. (j) "Local public agency" means any political subd.ivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, or council of governments.

Page 38 ends

Ordinance No. 2023-__ Page 1 of 1 December 13, 2023
ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLITS, CALIFORNIA, ADDING A NEW CHAPTER 17.59 TO THE CITY OF WILLITS MUNICIPAL CODE WHICH ADOPTS BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.

WHEREAS, California’s extreme droughts have emphasized the necessity for increased conservation in water usage; and
WHEREAS, in September 2009, the state adopted the Water Conservation in Landscaping Act of 2006 (AB 1881) and as of January 1, 2010, all local jurisdictions in California are required to implement this law, with the aim of reducing water consumption by landscaping; and
WHEREAS, Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources to update the State’s Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation; and WHEREAS, the California Water Commission approved the revised MWELO Ordinance on July 15, 2015; and
WHEREAS, all cities and counties are required to either adopt updated MWELO or, by December 1, 2015, adopt their own water efficient landscape ordinance which is at least as effective in conserving water as the MWELO; and
WHEREAS, the City implemented the MWELO by default and did not expressly adopt it in 2010; and
WHEREAS, the City of Willits is required to amend Willits Municipal Code (WWMC) to reference the State’s MELO, which is found at Sections 490—495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations; and
WHEREAS, the City Council of the City of Willits, at its regular meeting of November 8, 2023 held a public hearing, reviewed, discussed and approved introduction of the proposed ordinance.

NOW, THEREFORE, the City Council of the City of Willits hereby ordains as follows:

Title 17 - Zoning of the Willits Municipal Code is hereby amended by adding Chapter 17.59 entitled Model Water Efficient Landscape Ordinance related to promoting the efficient use of water in landscaping applications within the City and to comply with the Governor’s Executive Order and Government Code Section 65595, to read as follows;
Chapter 17.59
Model Water Efficient Landscape Ordinance

17.59.010 - Purpose
The purpose of this section is to ensure the design, installation and maintenance of landscapes in the city meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO).

Ordinance No. 2023-__ Page 1 of 1 December 13, 2023

17.59.020 - Adoption
The City adopts by reference the State of California's Model Water Efficient Landscape Ordinance, which is found at Sections 490—495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations, which may be referred to in this code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time.

17.59.030 - Applicability
The MWELO applies to the following landscape projects:

A. New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review.

B. Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review.

C. For purposes of this section, aggregate landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

17.59.040 - Exemptions
The following projects or landscapes are exempt from or subject to limited review pursuant to the MWELO:

A. Projects involving new construction of an aggregate landscape area of less than two thousand five hundred square feet that comply with the prescriptive measures found in Appendix D of MWELO are exempt from the performance requirements of the MWELO.

B. Existing landscapes, including existing cemeteries, must comply only with Sections 493, 493.1 and 493.2 of the MWELO.

C. New and rehabilitated cemeteries must comply only with Sections 492.4, 492.11 and 492.12 of the MWELO.

D. For any lot or parcel within a project that has (a) an aggregate landscape area less than two thousand five hundred square feet; and (b) sufficient treated or untreated graywater or stored rainwater captured on site to meet the lot's or parcel's landscape water requirement, the lot or parcel must comply only with Appendix D, Section 5 of the MWELO.

E. Registered local, state, or federal historical sites are exempt from the MWELO.

F. Ecological restoration projects or mined-land reclamation projects that do not require a permanent irrigation system are exempt from the MWELO.

G. Existing plant collections, as part of botanical gardens or arboretums open to the public, are exempt from the MWELO.

17.59.50 – Violations
Violations of the water waste prevention standards, as defined in Section 492.5 of the State MWELO, are subject to the following penalties:

Ordinance No. 2023-__ Page 1 of 1 December 13, 2023
A. Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this Chapter to fail to comply with the outdoor water efficiency requirements of this Chapter. The City Building Official or their designee has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this section. Whenever the City Building Official or their designee determines that a violation of this Chapter has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated.

PASSED AND ADOPTED by the City Council of the City of Willits, on this _____ day of December, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________________
_________________________________
____________, Mayor
City Council of the City of Willits
MICHELLE COLEMAN, Acting City Clerk
City of Willits
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

Page 1 of 6 ends

WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, NOVEMBER 8, 2023
Mayor Kanne called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Larry Stranske, Saprina Rodriguez, Vice Mayor Gerardo Gonzalez and Mayor Greta Kanne were present.

Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Manuel Orozco, Finance Director; Walter Kolon, Services & Facilities Director; Davey Bowles, Public Works Director; Karen Stevenson, Human Resources Analysist; Taylor Perry, City Planner; James Conner, Interim Police Chief; Leiloni Shine, Contract Planner; Michelle Coleman, Office Assistant III and Delores Pedersen, City Clerk.

2. Public Communications

 Raghda Zachariah expressed concerns about storm water drainage on School Street and Catherine Lane. Ms. Zachariah asked to have the matter placed on a future City Council Meeting Agenda. Councilmember Rodriguez suggested Ms. Zachariah come to the transportation committee meeting on November 30 at 9:00 am.  Virginia Stranske expressed concerns about speed and vehicles on Pine, Redwood, and Maple Streets.
 Nici Caldwell expressed concerns about the lack of street lighting on Magnolia and Hazel Streets.
 Council Member Rodriguez spoke during Public Communication as a concerned citizen about mental health. Ms. Rodriguez shared the Mental Health Help Line phone number, 988, to reach one of the 12 crisis centers in California, they are there to speak with those that call and talk them through a crisis.

3. Public Matters
a. Presentation of a Proclamation – Recognizing Edith Recagno Keenan Ceccarelli Oldest Living Person in California History.

Mayor Kanne read the Proclamation Recognizing Edith Recagno Keenan Ceccarelli as the Oldest Living Person in California History and presented the Proclamation to Ms.

Ceccarelli’s cousins, Lee & Chuck Persico.

Public Comment: None presented.
b. Presentation of a Proclamation - Recognizing November 2023 as Native American Heritage Month.

Mayor Kanne read the Proclamation Recognizing November 2023 as Native American Heritage Month and presented the Proclamation to Tina Sutherland, Karen Shepherd, and Donna Whipple of the Sherwood Band of Pomo Indians.

Willits City Council Minutes of November 8, 2023 Page 2 of 6 Public Comment: Tina Southerland thanked the Council and City of Willits, on behalf of the Sherwood Band of Pomo Indians, for the recognition.
c. Introduction by title only of an Ordinance Adding Chapter 17.59 Model Water Efficient Landscape to Title 17 (Zoning) of the City of Willits Municipal Code Ensuring that the Design, Installation, and Maintenance of Applicable Landscapes in the City meets State Requirements.

Presenting staff member: Phillip Davidson, Code Compliance Officer.

Phillip Davidson, Code Compliance Officer, presented the council with a PowerPoint presentation on the Model Water Efficiency Landscape Ordinance.

Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried unanimously to approve introduction, by title only, of an Ordinance adding Chapter 17.59 of Title 17 (Zoning), Model Water Efficient Landscape, and schedule a second reading and adoption at the next regularly scheduled City Council Meeting, on December 13, 2023.

4. Enactment of Ordinances
a. Second Reading and Adoption of an Ordinance Adding Chapter 8.10 Mandatory Organic Waste Disposal Reduction, to Title 8 (Health and Safety) of the City of Willits Municipal Code.

Presenting staff member: Taylor Perry, City Planner.

Moved by Gonzalez/Seconded by Stranske and carried unanimously to waive the second reading and Adopt Ordinance 2023-04 Adding Chapter 8.10 of Title 8 (Health and Safety), Mandatory Organic Waste Disposal Reduction.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
i. October 25, 2023.

Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried unanimously to approve Consent Calendar item(s) (a).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Building Activity Report - October 2023.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Verbal Reports – No Action.
i. Announcement by the Willits High School Future Farmers of America (FFA) of their holiday event for Snider Park.

Members of the Willits High FFA gave a presentation for the 1st annual “Light up the park with Willits FFA” the cost is $125 to sponsor a tree, each business/family that sponsors a tree will be able to decorate it for the Light up the Park with Willits FFA event on December 9th at 7:00 pm. There will be Music, Vendors and Activities in Willits City Council Minutes of November 8, 2023 Page 3 of 6 Bud Snider Park for the community to come and enjoy. The trees will be removed on January 1st, those that sponsor a tree must have them undecorated by this date.

Councilmembers and Community Members spoke in support of the event. ii. Community December events (planned).

City Manager Bender reported the following list of events within the City during the Holiday Season:
• December 1st - “Christmas in the Park.” Being put on by Calvary Chaple Church. Starting at 6:00 p.m. and ending at 7:00 p.m.
• December 2nd - the Christmas Holiday Express at Roots of Motive Power. A Christmas Party features Santa arriving on a steam locomotive. Trees, trains, singing, carolers, and refreshments. Photos with Santa will be available.
• The whole month of December the Skunk Trail will have the Christmas Tree Train Ride.
• November 25th - will be the Shop Local event in downtown Willits. • November 16th - there will be a follow up Pizza Social Forum at Baechtel Grove Middle School, on the E. Commercial Street Project. The City invites feedback from the youth and parents that use the parks. • December 9th - Possible 2nd Annual Willits Truckers Light parade. • December 15th or 16th - will be the Staff Holiday Party. • December 5th - Mendocino College class combined with choir class from Ukiah will be giving a concert at Willits high School.
• December 6th - the Willits Song Circle will be hosting a sing along at the Methodist Church in Willits.
• December 10th - at JD Redhouse, Photos with Santa.
• December 9th - at Imagination Station Toy Depot, Photos with the Grinch.

City Manager Bender reported that the city will be placing a Christmas Tree at Babcock Park for the Holiday Season. Mr. Bender introduced Michelle Coleman, Office Assistant III, she will be back up to Delores Pedersen, City Clerk if she is absent from City Council meetings. Mr. Bender also announced that Davey Bowles has received his full certifications for responsibilities related to building inspection, code review and plan review.

9. Department Recommendations (Action Items)
a. Resolution Authorizing Grant Application(s) for the Senate Bill (SB) 1383 Local Assistance Grant Program.

Presenting staff member: Taylor Perry, City Planner.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Rodriguez and carried unanimously to adopt Resolution No. 2023-63 authorizing submittal of application for all CalRecyle Grants for which the City of Willits is eligible.
b. Prospective Sidewalk Ordinance Amendments Informational Discussion for Amendments to Chapter 12.16 Sidewalks, Curbs, and Gutters – Construction and Repair, within Title 12 (Streets, Sidewalks, and Public Places) of the City of Willits Municipal Code.

Willits City Council Minutes of November 8, 2023 Page 4 of 6 Presenting staff member: Leiloni Shine, Contract Planner.

Leiloni Shine, Contract Planner, presented a PowerPoint presentation on the prospective Sidewalk Ordinance policy and details. Ms. Shine reported that this is meant to start the conversation about potential amendments to chapter 12.16, Sidewalk, Curbs and Gutters Construction Repair. Through staff research this topic was identified as needing an update, Ms. Shine reported that it is not required for Council to provide feedback but would be appreciated so that formal amendments can be formed to bring to council at a future date.

Policies that were reviewed by Staff were:
 Current and potential triggers for sidewalk repair requirements.  State code section 5610: current sidewalk repair responsibility requirements.
 Enforcement, Inspection, & Property Lien requirements.  Sidewalk Repair Associated with Tree Maintenance.
 Standards/requirements triggering sidewalk repair.

City Manager Bender added that the City Staff recognizes that the current ordinance is outdated and applied inconsistently. This item is being brought forward to update the ordinance and are asking for direction and guidance from the council.

Public Comment: Virginia Stranske asked if the new owner of the Rexall building would be responsible for fixing the sidewalk that is on the W. Mendocino Side of the property. Mrs.

Stranske also asked if there is any responsibility to the City if someone is injured walking on a damaged sidewalk. Davey Bowles, Building Official responded that currently the property owner bears most of the liability for if a citizen falls on an unsafe sidewalk, the City’s liability increases as we learn about problems and fail to force the property owner to fix them or fix them ourselves.
c. Presentation and Acceptance of Audited Financial Statements for Fiscal Year Ending June 30, 2021.

Presenting staff member: Manuel Orozco
Public Comment: None presented.

Moved by Gonzalez/Seconded by Rodriguez and carried unanimously to adopt Resolution No. 2023-64 to accept the Audited Financial Statements for the Fiscal Year ending June 30, 2021.
d. Adopt a Resolution to approve a revised Personnel, Policies and Procedures Manual that Establishes Guidelines for all City of Willits Employees to follow as a Condition of Employment, effective November 9, 2023.

Presenting staff member: Karen Stevenson and Hadara Stanton of Liebert, Cassidy, and Whitmore (LCW) explained the process of the revision of the Personnel, Policies and Procedures manual.

Public Comment: None presented.

Moved by Rodriguez/Seconded by Stranske and carried unanimously to adopt Resolution No. 2023-65 approving the revised Personnel, Policies and Procedures Manual.

Willits City Council Minutes of November 8, 2023 Page 5 of 6

10. Department Monthly Reports
None presented.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Economic Development & Financing Corporation (EDFC) - Will meet on November 9th.
 Mendocino Solid Waste Management Authority (MSWMA) - Will meet on November 9th.
 Sonoma Clean Power (SCP)
Sonoma Clean Power has generated a reserve, and they will have 60% going towards rate reductions in Fiscal Year 24/25, 30% to local energy projects and 10% to customer incentives targeting low income. SCP is attempting to reduce peak demand. The SCP board discussed State Legislation, and PG&E has very high-rate increases coming to their users. It has also been recommended to PG&E that they no longer pursue undergrounding their wires, but to run them in insulated conductors on the ground. This way is just as fire safe as underground wires and less expensive and quicker.

Councilmember Stranske
 Water/Wastewater Committee – Attended Stone Stories at the cemetery as found that it was very enjoyable. There was a lot of history presented that he wasn’t aware of.

Councilmember Gonzalez
 Local Agency Formation Commission (LAFCo)
Dickey Winkles term expires at the end of December applications are due November 17th if anyone is interested in being a LAFCo Public Alternate Member. Discussed AB399, Water Rate Payers Provision Act of 2023. Presentation on behalf of the Ukiah Valley Ground Water sustainability agency.

Mayor Kanne
 Mendocino Council of Governments (MCOG)
The transportation improvement program had just under $11.3 million to allocate towards transportation projects that had been proposed by various communities in Mendocino County. The requests totaled over $28 million; the technical advisory committee was tasked with determining which of the projects they wanted to recommend to the MCOG board. The Technical Advisory Committee recommended all the requests, MCOG decided to go forward with all of the recommended projects which will limit funding for the next few years for new projects that come forward in the county.
 Mendocino County Resource Conservation District (MCRCD) Met with Marisela de Santa Anna she led the recent bird tour at the City Wastewater Treatment Plant, which was a huge success and has received a lot of positive feedback from the community. Looking into how to do more of these kinds of activities.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Councilmember Gonzalez - Roots Restaurant will be doing a presentation as a Blue Zone approved restaurant on November 9, starting at 2:30pm.  Councilmember Rodriguez - Imagination Station Toy Depot re-grand opening ribbon cutting November 25th @ 10:00 am.

Willits City Council Minutes of November 8, 2023 Page 6 of 6  Councilmember Strong – Willits Economic Localization came out with their November/December Newsletter. She gave each council member a copy. Activities were listed for the months of November and December in the Newsletter.  Delores Pedersen, City Clerk announced that the Willits High School Football Varsity Team will be playing in a Championship Game this Friday at Willits High School.

13. Closed Session Notice

14. Adjournment
Mayor Kanne declared the meeting adjourned at 9:22 p.m. _____________________________
____________, Mayor
City Council for the City of Willits
ATTEST:
__________________________

MICHELLE COLEMAN
Acting City Clerk
BL# Business Name Name Address Date Issued Type of Bussiness 7232 Carved in Clay Accounting LLC Valerie Guerra 2211 E Hill Rd Willits, CA 95490
11/7/2023 Bookkeeping Services
7233 ACRT Pacific LLC ACRT Services Inc 3463 Double Springs Bldg3, Valley Springs, CA 95252 11/7/2023 Environmental Services 7234 McAlister Construction Michael McAlister 20601 Falcon Ct Willits, CA 95490
11/7/2023 Construction Contractor
7235 Beacom Construction Co David Morris 659 Main St Fortuna, CA 95540
11/7/2023 General Contractor
7236 Bridges Construction Inc Jonathan Bridges 5846 Live Oak Dr ste 2 Kelseyville, CA 95451 11/7/2023 General Contractor
7237 Flora Beauty and Plants Shaina Maxwell 21 S Main St Willits, CA 95490
11/7/2023 Esthetician
7238 Delicia's Sweet Noe Reyes 39 S Main St A Willits, CA 95490
11/28/2023 Snacks/Bakery
7239 Lucchetti Excavating Michael Lucchetti 100 Nelson Ranch Rd Ukiah, CA 95482
11/30/2023 Excavation
New Business License - November 2023
6a
Permit Summary Report (Total Fees Paid)
Current
Month
November 2023
Month Last
Year
November 2022
Current Yr-ToDate
7/1/2023 - 11/30/2023
Last Yr-To-Date
7/1/2022 -
11/30/2022
Building
Count 0 3 25 24
Total Fees $0.00 $1,511.05 $7,905.76 $58,909.42
Fees Paid $0.00 $1,511.05 $7,905.76 $58,909.42
Total Valuation 0.00 67,700.00 317,524.35 5,443,316.00
Total Square Feet 0 0 0 3,651
Administrative $0.00 $418.76 $2,229.80 $14,483.45
BSF $0.00 $4.00 $28.00 $227.00
Building Department (OTC Permit Fees) $0.00 $0.00 $689.00 $162.00 Building Department (Permit Fees) $0.00 $974.55 $4,452.33 $31,730.16 Building Miscellaneous Fees $0.00 $0.00 $0.00 $3,483.60 GPM $0.00 $94.78 $441.18 $7,541.59
SMIP Commercial $0.00 $18.96 $42.99 $1,083.29
SMIP Residential $0.00 $0.00 $22.46 $198.33
Demolition
Count 0 0 2 2
Total Fees $0.00 $0.00 $812.20 $72.23
Fees Paid $0.00 $0.00 $812.20 $72.23
Total Valuation 0.00 0.00 29,700.00 1,700.00
Total Square Feet 0 0 1,885 0
Administrative $0.00 $0.00 $269.08 $0.00
BSF $0.00 $0.00 $3.00 $1.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Department (Permit Fees) $0.00 $0.00 $490.22 $68.35 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $41.58 $2.38
SMIP Commercial $0.00 $0.00 $8.32 $0.00
SMIP Residential $0.00 $0.00 $0.00 $0.50
Electrical
Count 2 1 9 14
Total Fees $164.90 $340.17 $1,516.21 $1,795.11
Fees Paid $164.90 $340.17 $1,516.21 $1,795.11
Total Valuation 21,000.00 19,000.00 137,799.00 58,080.00 Total Square Feet 0 0 0 0
Administrative $0.00 $0.00 $284.97 $0.00
BSF $1.00 $1.00 $11.00 $14.00
Building Department (OTC Permit Fees) $162.00 $0.00 $836.00 $1,176.00 Building Department (Permit Fees) $0.00 $307.25 $201.50 $506.70 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $1.40 $26.60 $164.92 $81.31
SMIP Commercial $0.50 $5.32 $2.32 $12.60
SMIP Residential $0.00 $0.00 $15.50 $4.50
Grading
Count 0 0 1 0
Total Fees $0.00 $0.00 $0.00 $0.00
Fees Paid $0.00 $0.00 $0.00 $0.00
Total Valuation 0.00 0.00 0.00 0.00
Total Square Feet 0 0 0 0
6b
Administrative $0.00 $0.00 $0.00 $0.00
BSF $0.00 $0.00 $0.00 $0.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $0.00 $0.00
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $0.00 $0.00 $0.00
Mechanical
Count1056
Total Fees $136.54 $0.00 $571.94 $751.73
Fees Paid $136.54 $0.00 $571.94 $751.73
Total Valuation 18,000.00 0.00 52,670.00 63,874.90
Total Square Feet0000
Administrative $0.00 $0.00 $0.00 $0.00
BSF $1.00 $0.00 $5.00 $6.00
Building Department (OTC Permit Fees) $108.00 $0.00 $486.00 $648.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $25.20 $0.00 $73.74 $89.43
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $2.34 $0.00 $7.20 $8.30
Plumbing
Count0012
Total Fees $0.00 $0.00 $179.90 $169.62
Fees Paid $0.00 $0.00 $179.90 $169.62
Total Valuation 0.00 0.00 4,500.00 3,300.00
Total Square Feet0000
Administrative $0.00 $0.00 $67.76 $0.00
BSF $0.00 $0.00 $1.00 $2.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $162.00 Building Department (Permit Fees) $0.00 $0.00 $104.25 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $6.30 $4.62
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $0.00 $0.59 $1.00
Re-Roof
Count35 17 19
Total Fees $406.66 $568.80 $1,564.43 $2,007.69
Fees Paid $406.66 $568.80 $1,564.43 $2,007.69
Total Valuation 47,900.00 87,966.00 184,580.00 275,418.00 Total Square Feet 1,5000 5,100 17,569
Administrative $81.00 $0.00 $81.00 $0.00
BSF $4.00 $6.00 $18.00 $21.00
Building Department (OTC Permit Fees) $243.00 $432.00 $1,188.00 $1,593.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $67.06 $123.15 $247.21 $360.00
SMIP Commercial $9.94 $0.50 $13.24 $8.06
SMIP Residential $1.66 $7.15 $16.98 $25.63
Sewer Lateral Inspection
Count0000
Total Fees $0.00 $0.00 $0.00 $0.00
Fees Paid $0.00 $0.00 $0.00 $0.00
Total Valuation 0.00 0.00 0.00 0.00
Total Square Feet0000
Administrative $0.00 $0.00 $0.00 $0.00
BSF $0.00 $0.00 $0.00 $0.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $0.00 $0.00
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $0.00 $0.00 $0.00
Solar
Count043 16
Total Fees $0.00 $1,953.89 $1,500.15 $7,401.50
Fees Paid $0.00 $1,953.89 $1,500.15 $7,401.50
Total Valuation 0.00 65,280.00 30,811.20 342,063.85
Total Square Feet0000
Administrative $0.00 $0.00 $100.00 $138.20
BSF $0.00 $4.00 $3.00 $20.00
Building Department (OTC Permit Fees) $0.00 $1,850.00 $1,350.00 $6,750.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $91.40 $43.14 $451.39
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $8.49 $4.01 $41.91
Total Count6 13 63 83
Total Fees $708.10 $4,373.91 $14,050.59 $71,107.30
Total Fees Paid $708.10 $4,373.91 $14,050.59 $71,107.30 Total Valuation 86,900.00 239,946.00 757,584.55 6,187,752.75 Total Square Feet 1,5000 6,985 21,220
Total Administrative $81.00 $418.76 $3,032.61 $14,621.65 Total BSF $6.00 $15.00 $69.00 $291.00
Total Building Department (OTC Permit
Fees) $513.00 $2,282.00 $4,549.00 $10,491.00
Total Building Department (Permit Fees) $0.00 $1,281.80 $5,248.30 $32,305.21 Total Building Miscellaneous Fees $0.00 $0.00 $0.00 $3,483.60 Total GPM $93.66 $335.93 $1,018.07 $8,530.72
Total SMIP Commercial $10.44 $24.78 $66.87 $1,103.95
Total SMIP Residential $4.00 $15.64 $66.74 $280.17
Item No. 8a
Meeting Date: December 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: REQUEST BY SOLID WASTES OF WILLITS, INC., (SWOW), TO TERMINATE THE

EXISTING FRANCHISE AGREEMENT TO COLLECT, HAUL AND DISPOSE OF RESIDENTIAL AND

COMMERCIAL SOLID WASTES FROM CITY CUSTOMERS AS THE TERMINATION ENABLES THE TRANSFER OF SERVICES TO REDWOOD WASTE SOLUTIONS, INC., (REDWOOD).

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: Staff seeks the willingness of the City Council to terminate the existing Franchise Agreement with Solid Wastes of Willits, Inc., (SWOW), to allow SWOW to transfer its assets and business operations to Redwood Waste Solutions, Inc., (Redwood). The City Council will consider the transfer of the Franchise Agreement as a separate discussion with Agenda Item #8b.

As the City Council is aware that Gerald Ward is conveying the entire assets of SWOW to Redwood. Mr.

Ward assured the Council that all current terms of the Franchise Agreement will remain the same under Redwood’s administration. The Termination Agreement formally acknowledges the mutual consent by both SWOW and the City to cease the Franchise Agreement with the anticipation of entering into a new Franchise Agreement (Agenda Item #8).

The existing Franchise Agreement dates to November 1, 2015, whereby SWOW obtained an exclusive franchise to collect, haul and dispose of residential and commercial solid wastes from City customers. The Agreement had an initial term of 15-years through December 31, 2030, and for which the City has an option to extend the term for an additional 10-years following expiration of the initial term.

Attached is the Termination Agreement for your review.

Alternative(s): None recommended.

Fiscal Impact: None expected as there are no changes to Franchise Agreement terms.

Personnel Impact: Minimal.
2021 Adopted Goals: This action falls in line with Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

California Environmental Quality Act: Not applicable.

1 TERMINATION AGREEMENT
This Termination Agreement, dated December 13, 2023 (the "Termination Agreement"), between SOLID WASTES OF WILLITS, INC, (“SWOW”), a California Corporation and the CITY OF WILLITS, a General Law City of the State of California (“CITY”) together the "Parties," and each, a "Party").

WHEREAS, the Parties have entered into a Franchise Agreement, dated November 1, 2015 whereby SWOW has obtained an exclusive franchise to collect, haul and dispose of residential and commercial solid wastes from customers located within the jurisdiction of the CITY for an initial term of 15 years through December 31, 2030 and for which the CITY has an option to extend the term for an additional 10 years following expiration of the initial term; and WHEREAS, SWOW has provided CITY with notice of its intention to discontinue its business operations and transfer it assets to REDWOOD WASTE SOLUTIONS, INC. (“REDWOOD”) effective __________; and
WHEREAS, CITY and REDWOOD have entered into an agreement concurrent with the execution of this Termination Agreement whereby REDWOOD shall be granted a franchise agreement by CITY to perform forthwith the services of collecting, hauling and disposing of residential and commercial solid wastes from customers located within the jurisdiction of the CITY on essentially the same or similar terms as provided under the November 1, 2015 agreement between SWOW and the CITY; and
WHEREAS, the Parties hereto desire to terminate their November 1, 2015 franchise agreement on the terms and subject to the conditions set forth herein.

NOW, THEREFORE, in consideration of the premises set forth above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Termination of the Agreement. Subject to the terms and conditions of this Termination Agreement, and the concurrent execution of the aforementioned new franchise agreement between CITY and REDWOOD, the parties’ November 1, 2015 franchise agreement is hereby terminated effective December 13, 2023 (the “Termination Date”). From and after the Termination Date the Agreement will be of no further force or effect, and the rights and obligations of each of the Parties thereunder shall terminate.

2. Mutual Release. In consideration of the covenants, agreements, and undertakings of the Parties under this Termination Agreement, each Party, on behalf of itself and its respective present and former council members, officers, directors, managers, employees, shareholders, members, successors, agents and assigns (collectively, "Releasors") hereby releases, waives, and forever discharges the other Party and its respective present and former council members, officers, directors, managers, employees, shareholders, members, successors, agents and assigns, (collectively, "Releasees") of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, accounts, obligations, costs, liens, bonds, damages, judgments, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, or equity (collectively, 2 "Claims"), which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees arising out of or relating to the Agreement.

3. Representations and Warranties. Each Party hereby represents and warrants to the other Party that It has the full right, [corporate] power, and authority to enter into this Termination Agreement and to perform its obligations hereunder.

IN WITNESS WHEREOF, the parties have executed this Termination Agreement as of the date first written above.

CITY OF WILLITS SOLID WASTES OF WILLITS, INC
By:________________ By:_____________________
Greta Kanne, Mayor Gerald W. Ward, President

3 IN WITNESS WHEREOF, the Parties have executed this Termination Agreement [as of/on] the date first written above.
[PARTY 1 NAME]
By_____________________
Name:

Title:
[PARTY 2 NAME]
By_____________________
Name:

Title:
4 IN WITNESS WHEREOF, the Parties have executed this Termination Agreement [as of/on] the date first written above.
[PARTY 1 NAME]
By_____________________
Name:

Title:
[PARTY 2 NAME]
By_____________________
Name:

Title:
5 6
[EXHIBIT A]
[NAME OF AGREEMENT OR DOCUMENT]
7 [EXHIBIT [A/B]]

RELEASE AGREEMENT
Resolution No. 2023- December 13, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO TERMINATE THE EXISTING FRANCHISE AGREEMENT WITH SOLID WASTES OF WILLITS, INC., (SWOW),

TO COLLECT, HAUL AND DISPOSE OF RESIDENTIAL AND COMMERCIAL SOLID

WASTES FROM CITY CUSTOMERS AS THE TERMINATION ENABLES THE TRANSFER OF SERVICES TO REDWOOD WASTE SOLUTIONS, INC., (REDWOOD) VIA A NEW FRANCHISE AGREEMENT.

WHEREAS, Solid Wastes of Willits, Inc., (SWOW) currently is the exclusive franchise holder within the City of Willits to collect, haul and dispose of residential and commercial solid wastes from City customers; and
WHEREAS, the existing Franchise Agreement dates to November 1, 2015, with an initial term of 15-years through December 31, 2030, and for which the City has an option to extend the term for an additional 10-years following expiration of the initial term; and WHEREAS, Gerald Ward the owner of SWOW informed the City Council of his intention to transfer the assets and business operations of SWOW to Redwood Waste Solutions, Inc., (Redwood); and
WHEREAS, the attached Termination Agreement formally acknowledges the mutual consent by both SWOW and the City of Willits to cease the Franchise Agreement with the anticipation of entering into a new Franchise Agreement; and WHEREAS, the new Franchise Agreement will maintain the identical provisions and have an initial term starting from December 13, 2023, expiring December 31, 2032, with an option for a ten-year extension.

NOW, THEREFORE, the City Council of the City of Willits adopts the attached Termination Agreement to cease the Franchise Agreement with Solid Wastes of Willits, Inc., in advance of entering into a new Franchise Agreement with Redwood Waste Solutions, Inc.

The above and foregoing Resolution was introduced by Councilmember __________ seconded by Councilmember ____________ and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 13th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

______________________________
_____________, Mayor
City Council of the City of Willits
ATTEST:
_______________________________

MICHELLE COLEMAN
Acting City Clerk
Item No. 8a
Meeting Date: December 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: REQUEST BY SOLID WASTES OF WILLITS, INC., (SWOW), TO GRANT THE EXISTING FRANCHISE AGREEMENT WITH THE CITY OF WILLITS TO REDWOOD WASTES SOLUTIONS, INC., (REDWOOD) WITH A NEW EXPIRATION DATE OF DECEMBER 31, 2032 WITH AN OPTION FOR A TEN-YEAR EXTENSION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: As noted in Agenda Item #8a, Redwood Waste Solutions, Inc., (Redwood) is acquiring the business operations of Solid Wastes of Willits, Inc., (SWOW). The existing Franchise Agreement held by SWOW to collect, haul and dispose of residential and commercial solid wastes from City customers is part of the asset acquisition. Redwood seeks the City Council to recognize the acquisition and assign the said Franchise Agreement to their portfolio.

Agenda Item #8a described the request by SWOW to terminate the existing Franchise Agreement. The subsequent termination facilitates the Council to grant an amended Agreement to Redwood to ensure the continuation of trash collections for City residents.

Redwood is not proposing any changes to the Agreement’s provisions and will have an expiration date of December 31, 2032 with an option for a ten-year extension.

Attached is the amended Franchise Agreement.

Alternative(s): None recommended.

Fiscal Impact: None expected as there are no changes to Franchise Agreement terms. In acknowledgement, the City received $250,100 in Franchise fee payments for 2023.

California Environmental Quality Act: Not applicable.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ {00112643.DOCX.}
OFFICER’S CERTIFICATE
OF
REDWOOD WASTE SOLUTIONS, INC.

Dated as of October 24, 2023
This officer’s certificate (this “Certificate”) is being delivered in connection with the contemplated assignment of the Franchise Agreements (as defined below) from Solid Wastes of Willits, Inc., a California corporation (“Assignor”), to Redwood Waste Solutions, Inc., a Delaware corporation (“Assignee”). As used herein, the term “Franchise Agreements” means those certain agreements set forth in Schedule I attached hereto and incorporated by reference herein.

The undersigned, solely in his capacity as a duly authorized officer of Assignee and not in his individual capacity, hereby certifies for and on behalf of Assignee as follows:

1. On the date hereof, the undersigned is the duly elected, qualified and acting President and Chief Executive Officer of Assignee.

2. The undersigned is duly authorized to execute and deliver this Certificate on behalf of Assignee.

3. Assignee will provide Assignor’s services under the Franchise Agreements and there are no “Sub Grantees” to such agreements.

4. Neither Assignee nor, to the knowledge of the undersigned, any of its directors or officers, have any felony convictions or pleas of nolo contender by final judgment in any state or federal court within the preceding three years.

5. There have been no instances in which a permit or contract held by Assignee was terminated by a final judgment in any state or federal court within the preceding three years.

6. There has not been a final adjudication finding Assignee in contempt of any state or federal court order enforcing any state or federal law within the preceding three years.

7. There are no final convictions or pleas of nolo contendere of Assignee, under state or local laws governing safety of operations, compliance with environmental and other franchise requirements in the County of Mendocino, whether misdemeanors or infractions.

8. Assignee has the financial means, experience, and capabilities to fulfill the requirements of the Franchise Agreements. Please note that Assignee has previously been evaluated and approved by Mendocino County to hold a franchise zone within the county (i.e., Franchise 2: Unincorporated Greater Ukiah and Unincorporated Greater Fort Bragg). In terms of Assignee’s broader means, experience and capability, Assignee’s ultimate parent company is Waste Connections, Inc. (“WCI”), the third largest solid waste services company in North America that has over 25 years of experience in the integrated waste services industry, beginning in 1997 with a presence in U.S. West coast franchise markets and expanding to 44 U.S. states and six provinces in Canada. WCI is a publicly traded company and the extent of its capabilities and experience can be further confirmed by reviewing the 2 {00112643.DOCX.}
publicly available filings of its affiliated company group, which includes Assignee, accessible at https://investors.wasteconnections.com/.

9. Assigning the Franchise Agreements to Assignee will serve the best interest of the public and should not result in either a decline in service levels or an increase in rates. First, as mentioned above, Assignee holds a franchise zone within Mendocino County already where it currently provides industry-leading waste services to the public (i.e., Franchise 2:

Unincorporated Greater Ukiah and Unincorporated Greater Fort Bragg). Assignee’s operations are also part of a large and sophisticated public company that has a long history of service to a multitude of municipalities in California. Assignee is also proud of its operating values, which include safety, integrity, customer service, being a great place to work, and remaining part of the premier waste services company in the U.S. and Canada.

Assignee maintains that these values and its servant leadership-based culture are ultimately what drive success in its employees’ personal and professional lives, as well as provide exemplary service to its partners and customers.
[Remainder of page intentionally left blank;
Signature page follows.]
[Signature Page to Officer’s Certificate of Redwood Waste Solutions, Inc.] {00112643.DOCX.}
IN WITNESS WHEREOF, this certificate has been duly executed and delivered as of the date first written above.

REDWOOD WASTE SOLUTIONS, INC.

By: ____________________________________
Name: Ronald J. Mittelstaedt
Title: President and Chief Executive Officer
{00112643.DOCX.}

SCHEDULE I

1. Franchise Agreement with the County of Mendocino (Franchise Area 1: Unincorporated Willits and North Mendocino County)

2. Franchise Agreement with the County of Mendocino (Franchise Area 3: Anderson Valley)

3. Franchise Agreement with County of Mendocino (Franchise Area 4: South Coast) i

FRANCHISE AGREEMENT
between

CITY OF WILLITS
and
REDWOOD WASTE SOLUTIONS, INC.
for
Collection, Transportation, and Disposal of Solid Waste and the Collection, Transportation, Processing, and marketing of Recyclable Materials ii
Table of Contents
RECITALS .................................................................................................................................... 1 SECTION 1 - GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND COMMERCIAL FRANCHISE ................................................................................................... 2 SECTION 2 – DEFINITIONS ..................................................................................................... 3 SECTION 3 - COMPLIANCE WITH LAWS AND REGULATIONS ................................. 19 SECTION 4 - TERM AND SCOPE OF AGREEMENT ........................................................ 19 A. Term of Agreement ........................................................................................................... 19 B. Scope of Agreement .......................................................................................................... 20 C. Limitations to Scope ......................................................................................................... 21 D. Subcontracting .................................................................................................................. 22 E. Franchise Area Defined .................................................................................................... 22 F. Franchise Area Limits ....................................................................................................... 23 SECTION 5 - SERVICES PROVIDED BY GRANTEE ........................................................ 23 A. City to Approve All Services ............................................................................................ 23 B. Collection Service. ............................................................................................................ 23 C. Recyclable Material Buy-Back Facility ............................................................................ 26 D. Hours of Collection ........................................................................................................... 27 E. Collection on Holidays ..................................................................................................... 27 SECTION 6 - OTHER PROGRAMS AND SERVICES PROVIDED BY GRANTEE ....... 27 A. Source Reduction and Waste Diversion Programs ........................................................... 27 B. Education and Outreach .................................................................................................... 28 C. Billing ............................................................................................................................... 34 D. Contamination Monitoring................................................................................................ 36 E. Containers - Refusal to Pick Up. ....................................................................................... 40 F. Containers - Noticing Violators ........................................................................................ 41 G. Food Recovery Program Support...................................................................................... 41 H. Generator Waiver Program Coordination ......................................................................... 41 I. Service Waiver Program Coordination ............................................................................. 43 J. Inspection and Enforcement ............................................................................................. 45 K. Service Complaints ........................................................................................................... 46 SECTION 7 – STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL .................................................................................................................... 48 A. Manner of Collection ........................................................................................................ 48 B. Vehicles and Equipment - Standards ................................................................................ 48 C. Vehicles - Identification .................................................................................................... 49 D. Vehicles and Equipment - Inspection ............................................................................... 49 E. Vehicles - Shovel, Broom and Fire Extinguisher Required .............................................. 49 F. Container Requirements.................................................................................................... 49 G. Personnel ........................................................................................................................... 52 iii
SECTION 8 - PUBLIC ACCESS TO GRANTEE ................................................................... 53 A. Name and Office Hours .................................................................................................... 53 B. Overcharge ........................................................................................................................ 54 SECTION 9 - SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS ..... 54 A. Responsibility to Identify Hazardous Waste ..................................................................... 54 B. Response to Hazardous Waste Identified at Disposal Site or Processing Site ................. 54 C. Notification for Hazardous Waste .................................................................................... 55 D. Rights Reserved as to Hazardous Wastes. ........................................................................ 55 SECTION 10 - DISPOSAL AND PROCESSING ................................................................... 55 A. Solid Waste Disposal ........................................................................................................ 55 B. Recyclable Materials Processing and Marketing .............................................................. 55 C. Change in Designated Disposal Location or Recyclable Materials Processing Site ........ 57 D. Grantee's Responsibility in Lieu of Direction by City. ..................................................... 57 E. Invalidation of City Flow Control Voids Franchise. ........................................................ 58 SECTION 11 - OWNERSHIP OF DISCARDED MATERIALS ........................................... 58 SECTION 12 - PRIVACY .......................................................................................................... 59 A. Customers Rights of Privacy ............................................................................................ 59 B. Use of Customer Lists ....................................................................................................... 59 SECTION 13 - GRANTEE'S BOOKS AND RECORDS; REPORTS AND AUDITS ......... 59 SECTION 14 - GRANTEE'S RATES ....................................................................................... 59 A. City's Powers ..................................................................................................................... 59 B. Rate Requirements ............................................................................................................ 59 SECTION 15 - RATE ADJUSTMENT PROCEDURES ........................................................ 60 A. Pass-through Rate Adjustment .......................................................................................... 60 B. Cost-of-Living & Fuel Rate Adjustments ......................................................................... 62 C. Larger Rate Increases ........................................................................................................ 63 D. Rate Decreases .................................................................................................................. 64 E. Recycling Commodity Value Adjustment ........................................................................ 64 F. City Rate Setting Authority .............................................................................................. 67 SECTION 16 - FEES .................................................................................................................. 68 A. Franchise Fee - Amount .................................................................................................... 68 B. Franchise Fee - Quarterly Payments and Revenue Statements ......................................... 68 C. Franchise Fee - Deposit. ................................................................................................... 68 D. Franchise Fee - Delinquency Penalty ............................................................................... 68 E. Refund of Franchise Fees.................................................................................................. 68 SECTION 17 - BONDS, INSURANCE, AND INDEMNIFICATION ................................... 69 A. Bonds ................................................................................................................................ 69 B. Insurance ........................................................................................................................... 69 C. Indemnification ................................................................................................................. 71 iv
SECTION 18 - FRANCHISE TRANSFER, ISSUANCE, AND RENEWAL........................ 73 A. Franchise Transfer ............................................................................................................ 73 B. General Standards of Responsibility ................................................................................. 74 C. Opportunity to Demonstrate Rehabilitation ...................................................................... 75 SECTION 19 - TERMINATION ............................................................................................... 75 A. Events of Default .............................................................................................................. 75 B. Right to Suspend, Amend, or Terminate .......................................................................... 77 C. Procedures ......................................................................................................................... 77 D. Agreement - Termination Equipment Use by City ........................................................... 77 E. Liquidated Damages ......................................................................................................... 78 SECTION 20 - RIGHTS OF CITY TO PERFORM DURING EMERGENCY .................. 80 A. Provision of Emergency Services ..................................................................................... 80 B. Franchise Suspension - Emergency Actions ..................................................................... 80 C. Labor Dispute - City Assumption of Duties - Authorized ................................................ 81 D. Labor Dispute - City Assumption of Duties - Use of Revenue ........................................ 81 E. Labor Dispute - City Assumption of Duties – Employees ............................................... 81 SECTION 21 - GENERAL PROVISIONS............................................................................... 82 A. Entire Agreement .............................................................................................................. 82 B. Force Majeure ................................................................................................................... 82 C. Notice Procedures ............................................................................................................. 82 D. Independent Contractor ..................................................................................................... 83 E. Roadway Damage ............................................................................................................. 83 F. Property Damage .............................................................................................................. 83 G. Compliance with City Code .............................................................................................. 83 H. Severability ....................................................................................................................... 84 I. Waiver or Modification..................................................................................................... 84 J. Forum Selection ................................................................................................................ 84 K. Court Costs and Attorney Fees ......................................................................................... 84 Exhibit A – Single Family Services............................................................................................ 86 A.1 Source Separated Recyclable Materials Collection (Blue Container Collection) .... 86 A.2 SSGCOW Collection (Green Container Collection) ..................................................... 86 A.3 Gray Container Waste Collection (Gray Container Collection) .................................... 87 Exhibit B – Multi-Family, Commercial, and Industrial Services ........................................... 90 B.1 Source Separated Recyclable Materials Collection (Blue Container Collection) .......... 90 B.2 SSGCOW Collection (Green Container Collection) ...................................................... 91 B.3 Gray Container Waste Collection (Gray Container Collection) .................................... 92 Exhibit C – Processing, Transfer, and Disposal Services ........................................................ 96 C.1 General Requirements ............................................................................................... 96 C.2 Processing Standards .............................................................................................. 100 C.3 Gray Container Waste Disposal Standards ............................................................. 102 C.4 Weighing of Discarded Materials ........................................................................... 103 v
C.5 Excluded Waste ...................................................................................................... 104 C.6 Discarded Materials Evaluations at Approved Facilities ........................................ 104 Exhibit D – Performance Bonding Requirements ................................................................. 106 Exhibit E – Franchise Area Maps ........................................................................................... 107 Exhibit F – Schedule for Performance Standards and Liquidated Damages ..................... 109 Exhibit G – Record Keeping and Reporting .......................................................................... 113 G.1 General .................................................................................................................... 113 G.2 Record Keeping ...................................................................................................... 113 G.3 Audits and Inspection by City................................................................................. 115 G.4 Reporting................................................................................................................. 115 G.4.1 General ............................................................................................................... 115 G.4.2 Quarterly Reports ............................................................................................. 116 G.4.3 Annual Reports ................................................................................................. 120 G.4.4 Additional Reports ............................................................................................ 124 City of Willits Franchise Agreement
1 1 FRANCHISE AGREEMENT BETWEEN CITY OF WILLITS
2 AND
3 REDWOOD WASTE SOLUTIONS, INC.
4 This Franchise Agreement ("Agreement") is entered into and effective as of the 1st 5 day of 6 January, 2024 between the City of Willits ("City") and Redwood Waste Solutions, Incorporated, 7 a California corporation ("Grantee"), for the Collection, Transportation, and Disposal of Solid 8 Waste and the Collection, Transportation, Processing, and marketing of Recyclable Materials. 9 10 RECITALS
11 12 WHEREAS, the Legislature of the State of California, by enactment of the California 13 Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public 14 interest to authorize and require local agencies to make adequate provisions for Solid Waste 15 handling within their jurisdictions; and
16 17 WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City 18 Council of the City has determined that the public health, safety, and well-being require that an 19 exclusive franchise be awarded to a qualified Solid Waste enterprise for the Collection and 20 recovery of Solid Waste, Organic Waste, and Recyclable Materials from certain residential, 21 industrial, and commercial areas in the City; and
22 23 WHEREAS, City and Grantee are mindful of the provisions of local, state, and federal 24 laws governing the safe Collection, Transport, Recycling and Disposal of Solid Waste, Organic 25 Waste, and Recyclable Materials, including, but not limited to, AB 939, AB 341, AB 876, AB 26 901, AB 1594, AB 1826, SB 1383, the Resource Conservation and Recovery Act (“RCRA”) and 27 the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); 28 and
29 30 WHEREAS, the State of California has found and declared that the amount of Solid 31 Waste generated in California, coupled with diminishing Disposal capacity and interest in 32 minimizing potential environmental impacts from landfilling and the need to conserve natural 33 resources, have created an urgent need for State and local agencies to enact and implement an 34 aggressive integrated waste management program. The State has, through enactment of AB 939 35 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 36 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, 37 Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 38 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the 39 responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and 40 to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in 41 order to reduce the amount of material that must be Disposed; and 42 43 WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, 44 haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic City of Willits Franchise Agreement
2 45 Waste Disposal reduction targets; and
46 47 WHEREAS, SB 1383 Regulations require, as applicable, City to implement Collection 48 programs, meet Processing facility requirements, conduct contamination monitoring, provide 49 education, maintain records, submit reports, monitor compliance, conduct enforcement, and 50 fulfill other requirements; and, City has chosen to delegate some of its responsibilities to the 51 Grantee, acting as the City’s designee, through this Agreement; and 52 53 WHEREAS, City has not, and, by this Agreement does not, instruct Grantee on its 54 Collection methods, nor supervise the Collection of waste; and 55 56 WHEREAS, Grantee has represented and warranted to City that it has the experience, 57 responsibility, and qualifications to arrange with residents, commercial, industrial, institutional 58 and other entities in the Franchise Area for the Collection and safe Transport to Approved or 59 Designated Disposal facilities of Solid Waste, Organic Waste, and Recyclable Materials, the 60 City Council of the City determines and finds that the public interest, health, safety and well61 being would be best served if Grantee were to make arrangements with residents and other 62 entities to perform these services; and
63 64 WHEREAS, the City Council of the City declares its intention of maintaining reasonable 65 Rates for Collection and Transportation of Solid Waste, Organic Waste and Discarded 66 Recyclable Materials within the area covered by this grant of franchise; and 67 68 WHEREAS, City and Solid Wastes of Willits, Inc. (“SWOW”) executed a Franchise 69 Agreement on November 1, 2015, which granted to SWOW an exclusive franchise for the 70 Collection, Transportation, and Disposal of Solid Waste within the City of Willits, which 71 agreement shall terminate effective January 1, 2024 pursuant to the terms of a Termination 72 Agreement to be made and executed by City and SWOW contemporaneously with the execution 73 of this Franchise Agreement between the City and Grantee; and 74 75 WHEREAS, pursuant to Section 4(A)(3) of the Agreement, the City shall, at City’s sole 76 discretion, have the option to extend the Agreement for an additional ten (10) year term expiring 77 on or before December 31, 2042.
78 79
80 NOW, THEREFORE, the Parties agree to the terms and conditions set forth herein. 81 82
83 SECTION 1 - GRANT AND ACCEPTANCE OF EXCLUSIVE RESIDENTIAL AND 84 COMMERCIAL FRANCHISE
85 86 A. City grants to Grantee, for the term of and in accordance with this Agreement 87 (including all extensions or renewals), an exclusive privilege, duty and right to make and enter 88 into independent arrangements with residents of single family units, residents and/or owners of City of Willits Franchise Agreement
3 89 multifamily units and Persons in charge of commercial, industrial, institutional and other entities 90 in Franchise Area for the Collection, Transportation and removal to Solid Waste Disposal 91 facilities, all Residential, Commercial, and Industrial Solid Waste, Organic Waste, and 92 Discarded Recyclable Materials generated or accumulated within the Franchise Area, with the 93 exception of sewage sludge and seepage, which has been placed in a Grantee-provided Solid 94 Waste Container, in the areas covered by this Agreement, as shown on the maps in Exhibit E95 "Franchise Area Maps," as its boundaries are now constituted or may hereafter be amended. 96 97 B. Grantee agrees to be bound by and comply with all the requirements of this 98 Agreement.
99 100 C. In the event of and to the extent that any of the following (Items 1-3, below) 101 require or are amended to require that either party take certain action or desist from taking 102 certain action that affects the promises, covenants and/or performance of the parties hereunder, 103 then this Agreement shall be amended to provide for the satisfaction of such requirements. 104 Furthermore, should such amendments to this Agreement result in the Grantee having to incur 105 additional expenses in performing its obligations hereunder, or if certain cost cutting measures 106 are implemented that justify lower Rates, then Grantee or City may seek Rate adjustments 107 therefore in accordance with the procedures under Section 15, below. 108
109 (1) The City Code, the California Public Resources Code, other applicable 110 state and federal laws, rules and regulations promulgated there under. 111
112 (2) The City-wide Integrated Waste Management Plan and the City's Source 113 Reduction and Recycling Element and Household Hazardous Waste 114 Element; and
115
116 (3) Any and all amendments to said laws, plans, and regulations. 117
118 SECTION 2 – DEFINITIONS
119
120 A. “AB939” (Chapter 1095) means the California Integrated Waste Management Act 121 of 1989 (California Public Resources Code Section 40000, et seq.), as amended, supplemented, 122 superseded, and replaced from time to time.
123
124 B. “AB 341” (CHAPTER 476) means the Assembly Bill approved by the Governor 125 of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 126 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 127 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and 128 added and repealed Section 41780.02 of the Public Resources Code, relating to Solid Waste, as 129 amended, supplemented, superseded and replaced from time to time. 130
131 C. “AB 876” (Chapter 593 means the Assembly Bill approved by the Governor of the 132 State of California on October 8, 2015, which added Section 41821.4 to the Public Resources City of Willits Franchise Agreement
4 133 Code, relating to Solid Waste as amended, supplemented, superseded, and replaced from time to 134 time.
135
136 D. “AB 901” (Chapter 746) means Assembly Bill approved by the Governor of the 137 State of California on October 10, 2015, which amended Section 41821.5 of, amended, 138 renumbered, and added Section 41821.6 of, and added Sections 41821.7 and 41821.8 to, the 139 Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and 140 replaced from time to time.
141
142 E. “AB 1594” (Chapter 719) means the Assembly Bill approved by the Governor of 143 the State of California on September 28, 2014, which amended Sections 40507 and 41781.3 of 144 the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and 145 replaced from time to time.
146
147
148 F. “AB 1826” (Chapter 727) means the Assembly Bill approved by the Governor of 149 the State of California on September 28, 2014, which added Chapter 12.9 (commencing with 150 Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, 151 as amended, supplemented, superseded, and replaced from time to time. 152
153 G. "Adjusted Gross Revenues" means any and all revenue or compensation 154 (excluding revenues or compensation collected from Independent Government Agencies) in any 155 form derived directly or indirectly by Grantee, its Affiliates, subsidiaries, parents or any other 156 Person or entity in which Grantee has a financial interest, in Collecting, Transporting, arranging, 157 handling, and/or Disposing of Solid Waste or Recyclable Material generated in the Franchise 158 Area pursuant to this Agreement, excluding the redemption value of Recyclable Materials 159 purchased, occasional sale of capital equipment, and interest earned. 160
161 H. “Affiliate” means all businesses (including corporations, limited and general 162 partnerships, and sole proprietorships) that are directly or indirectly related to Contractor by 163 virtue of direct or indirect ownership interest or common management and shall be deemed to be 164 “Affiliated with” Contractor and included within the term “Affiliates” as used herein. An 165 Affiliate shall include a business in which Contractor owns a direct or indirect ownership 166 interest, a business that has a direct or indirect ownership interest in Contractor, and/or a 167 business that is also owned, controlled, or managed by any business or individual that has a 168 direct or indirect ownership interest in Contractor. For purposes of determining whether an 169 indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the 170 Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, 171 however, that: (i) “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section 172 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be 173 disregarded. For purposes of determining ownership under this paragraph and constructive or 174 indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall 175 be disregarded, and percentage interests shall be determined on the basis of the percentage of 176 voting interest or value which the ownership interest represents, whichever is greater. Affiliate City of Willits Franchise Agreement
5 177 includes Subsidiaries.
178
179 I. “Agreement” means this Franchise Agreement between the City and Grantee, 180 including all exhibits and attachments, and any amendments thereto. 181
182 J. “Alternative Intermediate Cover” or “AIC” has the same meaning as in 27 CCR 183 Section 20700.
184
185 K. “Applicable Law” means all federal, State, County, and local laws, regulations, 186 rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental 187 agency having jurisdiction over the Collection, Transportation, Processing, and Disposal of 188 Discarded Materials that are in force on the Effective Date and as may be enacted, issued, or 189 amended during the Term of this Agreement. Applicable Law includes, but is in no way limited 190 to, AB 939, AB 341, AB 1826, and SB 1383 and corresponding regulations. 191
192 L. “Approved Facility(ies)” means a facility(ies) proposed by Grantee and approved 193 by the City for the Processing and/or Disposal of any of the following materials: Bulky Waste, 194 C&D, Food Waste, Green Waste, Industrial Solid Waste, Organic Waste, Solid Waste, and 195 Source Separated Recyclable Materials.
196
197 M. “Approved Organic Waste Processing Facility” means the Facility at 6000 Potter 198 Valley Road, Potter Valley, CA, that is an Organic Waste Processing Facility which is owned 199 and operated by Cold Creek Compost, Inc., and that the City has approved the Grantee to use. 200
201 N. "Bin" shall mean a container designed for mechanical emptying with a close-fitting 202 cover and of a design approved by the Department with a capacity of approximately one to six 203 cubic yards.
204
205 O. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and 206 shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials 207 or SSBCOW.
208
209 P. "Board" means the City Council of the City of Willits. 210
211 Q. "Bulky Waste" means and includes, but not by way of limitation, discarded white 212 goods (i.e., major household appliances), furniture, tires, carpets, mattresses, and similar large 213 items, which cannot be placed in a covered Container. 214
215 R. “Business Days” mean days during which the City offices are open to do business 216 with the public.
217
218 S. “California Code of Regulations” or “CCR” means the State of California Code 219 of Regulations. CCR references in this Agreement are preceded with a number that refers to the 220 relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, City of Willits Franchise Agreement
6 221 Chapter 12 of the California Code of Regulations. 222
223 T. “CalRecycle” means California's Department of Resources Recycling and 224 Recovery, which is the Department designated with responsibility for developing, implementing, 225 and enforcing SB 1383 Regulations on Counties and other regulated entities. 226
227 U. “Cart” means a plastic container with a hinged lid and wheels that is serviced by an 228 automated or semi-automated Collection vehicles and with a Container capacity of 20, 35, 65, or 229 95 gallons (or similar volumes).
230
231 V. “City” means the City of Willits, a general law city pursuant to the laws of the 232 State of California, and any authorized officer or agent designated by the City of Willits to 233 represent it in any matter herein.
234
235 W. “Collect” or “Collection” means the act of taking physical possession of 236 Discarded Materials at Single-Family, Multi-Family, or Commercial Premises within the City 237 and from City facilities and transporting the Discarded Materials to an Approved or Designated 238 Facility for Processing, Transfer, or Disposal.
239
240 X. “Commercial Business” or “Commercial” means a firm, partnership, 241 proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, 242 strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the 243 exception that Multi-Family is excluded from the definition of Commercial Business for the 244 purposes of this Agreement.
245
246 Y. “Commercial Edible Food Generators” includes Tier One Commercial Edible 247 Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 248 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations 249 and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise 250 specified by 14 CCR Section 18982(a)(7).
251
252 Z. “Community Composting” means any activity that composts green material, 253 agricultural material, food material, and vegetative food material, alone or in combination, and 254 the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic 255 yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined 256 in 14 CCR Section 18982(a)(8).
257
258 AA. “Compactor” means a mechanical apparatus that compresses materials and/or the 259 Container that holds the compressed materials. Compactors include two to four cubic yard Bins 260 serviced by front-end loader Collection vehicles and 6 to 50 cubic yard Debris Boxes serviced by 261 roll-off Collection vehicles.
262
263 BB. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which 264 stated, as of the Effective Date of this Agreement, that “Compost” means the product resulting City of Willits Franchise Agreement
7 265 from the controlled biological decomposition of organic Solid Wastes that are Source Separated 266 from the municipal Solid Waste stream, or which are separated at a centralized Facility. 267
268 CC. “Compostable Plastic(s)” means plastic materials that meet the ASTM D6400 269 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 270 18984.2(a)(1)(C).
271
272 DD. “Construction and Demolition Debris” or “C&D” means: (1) Discarded 273 materials generally considered to be not water soluble and nonhazardous in nature, including but 274 not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber 275 from the construction or destruction of a structure as part of a construction or demolition project 276 or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, 277 trees, and other vegetative matter that normally results from land clearing, landscaping and 278 development operations for construction project; (2) Clean cardboard, paper, plastic, wood, and 279 metal scraps from any construction and/or landscape project; (3) Non-construction and 280 demolition debris wood scraps; (4) Insignificant amounts of other non-hazardous wastes that are 281 generated at the construction or demolition projects provided such amounts are consistent with 282 best management practices of the industry; (5) Mixing of construction and demolition debris 283 with other types of Solid Waste will cause it to be classified as other than construction and 284 demolition debris.
285
286 EE. “Container(s)” mean a receptacle for temporary storage of Discarded Materials. 287 Containers may include Bins, Carts, Roll-Off Boxes, Compactors, or other storage instruments to 288 the extent such Containers are permitted by the City for use for Collection services provided 289 under this Agreement.
290
291 FF. "Customer" means the Person who receives the Grantee’s Collection services and 292 to whom the Grantee submits its billing invoice to and collects payment from for Collection 293 services provided to a Premise. The Customer may be either the occupant, owner, or property 294 manager of the Premises, as allowed under the City Code. 295
296 GG. “Debris Box” means an open-top Container with a capacity of 10 to 50 cubic yards 297 that is serviced by a roll-off Collection vehicle.
298
299
300 HH. "Department" means the City Manager, City of Willits, at the office designated by 301 the City to administer this Franchise Agreement or a duly authorized representative. 302
303 II. “Designated Recyclable Material Buy-Back Site” means the Grantee’s buy-back 304 Recycling centers located at 350 Franklin Avenue, Willits, CA, or other locations as directed by 305 the City.
306
307 JJ. “Designated Disposal Facility” means the Willits Solid Waste Transfer Station and 308 Recycling Center located at 350 Franklin Avenue, Willits, California, which is owned and City of Willits Franchise Agreement
8 309 operated by Solid Waste of Willits, Inc., for all Solid Waste Collected within the Franchise Area. 310
311 KK. “Designated Source Separated Recyclable Materials Processing Facility” 312 means the Willits Solid Waste Transfer Station and Recycling Center located at 351 Franklin 313 Avenue, Willits, CA, a Source Separated Recyclable Materials Processing Facility which is 314 owned and operated by Solid Waste of Willits, Inc., for all Recyclable Materials collected within 315 the Franchise Area.
316
317 LL. “Designated Waste” means non-Hazardous Waste which may pose special 318 Disposal problems because of its potential to contaminate the environment, and which may be 319 disposed of only in Class II Disposal Sites or Class III Disposal Sites pursuant to a variance 320 issued by the California Department of Health Services. Designated Waste consists of those 321 substances classified as Designated Waste by the State of California, in California Code of 322 Regulations Title 23, Section 2522 as may be amended from time to time. 323
324 MM. “Director” means the City Manager of the City of Willits or a duly authorized 325 representative.
326
327 NN. "Discarded Recyclable Materials" means any Recyclable Materials which the 328 Generator disposes of without selling or donating.
329
330 OO. “Discarded Materials” are a form of Solid Waste and shall be regulated as such. 331 For purposes of this Agreement, material is deemed to have been discarded, without regard to 332 whether it is destined for Recycling or Disposal, and whether or not is has been separated from 333 other Solid Wastes, in all cases where a fee or other compensation, in any form or amount, is 334 directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the 335 Generator or Customer in exchange for handling services. As used herein, handling services 336 include, without limitation, the Collection, removal, Transportation, delivery, and Processing 337 and/or Disposal of the material. Discarded Materials do not include Edible Food that is recovered 338 for human consumption and is not discarded. For the purposes of this Agreement, Discarded 339 Materials include Source Separated Recyclable Materials, SSBCOW, SSGCOW, Food Waste, 340 Gray Container Waste, and C&D once the materials have been placed in Containers for 341 Collection.
342
343 PP. “Disposal” or “Dispose” means the final disposition of any Solid Waste Collected 344 by the Contractor at a permitted Landfill or other permitted Solid Waste Facility. 345
346 QQ. "Disposal Site" means a facility for ultimate Disposal of Solid Waste as defined in 347 Public Resources Code Section 401.22.
348
349 RR. “Diversion (or any variation thereof including “Divert”)” means activities 350 which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, 351 source reduction, Reuse, salvage, Recycling, and composting. 352
City of Willits Franchise Agreement
9 353 SS. “Edible Food” means food intended for human consumption. For the purposes of 354 this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in 355 this Agreement requires or authorizes the recovery of Edible Food that does not meet the food 356 safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 357 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 358 18982(a)(18) shall apply to this Agreement.
359
360 TT. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious 361 Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive 362 waste, and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a 363 result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or 364 Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that 365 cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, 366 waste that in Grantee’s reasonable opinion would present a significant risk to human health or 367 the environment, cause a nuisance or otherwise create or expose Grantee or City to potential 368 liability; but not including de minimis volumes or concentrations of waste of a type and amount 369 normally found in Single-Family or Multi-Family Solid Waste after implementation of programs 370 for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in 371 compliance with Sections 41500 and 41802 of the California Public Resources Code. 372
373 UU. “Facility(ies)” means any plant, site, or operation used for the purpose of handling 374 Discarded Materials, including, but not limited to, Disposal, Transfer, Recycling, composting, 375 and Processing facilities or operations.
376
377 VV. “Food Recovery” means actions to collect and distribute food for human 378 consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 379 18982(a)(24).
380
381 WW. “Food Recovery Organization” means an entity that primarily engages in the 382 collection or receipt of Edible Food from Commercial Edible Food Generators and distributes 383 that Edible Food to the public for Food Recovery either directly or through other entities, 384 including, but not limited to:
385
386 • A food bank as defined in Section 113783 of the Health and Safety Code. 387 • A nonprofit charitable organization as defined in Section 113841 of the Health and 388 Safety code; and,
389 • A nonprofit charitable temporary food facility as defined in Section 113842 of the 390 Health and Safety Code.
391
392 If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from 393 this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement. 394
395 XX. “Food Recovery Service” means a Person or entity that collects and transports 396 Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or City of Willits Franchise Agreement
10 397 other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). 398
399 YY. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, 400 poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. 401
402 ZZ. “Food-Soiled Paper” means compostable paper material that has come in contact 403 with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, 404 napkins, pizza boxes, and milk cartons.
405
406 AAA. “Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food 407 Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be 408 considered Food Waste.
409
410 BBB. "Franchise Area," means the unincorporated City limits of the City of Willits as 411 shown on the “Franchise Area Maps” (included as Exhibit E) including all amendments and 412 changes thereto.
413
414 CCC. "Franchise Fee" means the fee or assessment imposed by the City on Grantee 415 solely because of its status as party to this Agreement, and which, inter alia, is intended to 416 compensate City for its expenses in administering this Agreement and other Solid Waste-related 417 activities.
418
419 DDD. “Generator” means any Person as defined by the Public Resources Code, whose 420 act or process produces Solid Waste, Organic Waste or Recyclable Materials as defined in the 421 Public Resources Code, or whose act first causes Solid Waste to become subject to regulation. 422
423 EEE. "Grantee" means Redwood Waste Solutins, Inc. and its DBAs, and 424 Subcontractors that perform services on Grantee’s behalf. 425
426 FFF. “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and 427 shall be used for the purpose of storage and Collection of Gray Container Waste. 428
429 GGG. “Gray Container Waste” means Solid Waste that is collected in a Gray 430 Container that is part of a three-Container Organic Waste Collection service that prohibits the 431 placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) 432 and (b) or as otherwise defined in 14 CCR Section 17402(a)(6.5). For the purposes of this 433 Agreement, Gray Container Waste includes carpet and textiles. 434
435 HHH. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) 436 and shall be used for the purpose of storage and Collection of SSGCOW. 437
438 III. "Green Waste" means those discarded materials that will decompose and/or 439 putrefy, including but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, 440 dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and City of Willits Franchise Agreement
11 441 other types of organic waste. Green Waste to be placed in a Container for Collection shall not 442 exceed six inches in diameter and four feet in length. Tree stumps and logs are not to be 443 considered "Green Waste" unless they are reduced to a chipped form; they shall be considered 444 Bulky Waste. Biodegradable plant material, which is mixed with other kinds of Solid Waste, 445 shall not be considered "Green Waste".
446
447 JJJ. “Hauler Route” means the designated itinerary or sequence of stops for each 448 segment of the City’s Collection service area.
449
450 KKK. “Hazardous Substance” shall mean any of the following: (a) any substance 451 defined, regulated or listed (directly or by reference) as “hazardous substances”, “hazardous 452 materials”, “hazardous wastes”, “toxic waste”, “pollutant” or “toxic substances” or similarly 453 identified as hazardous to human health or the environment, in or pursuant to (i) the 454 Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 455 Section 9601, et seq.; (ii) the Hazardous Materials Transportation Act, 49 USC Section 5101, et 456 seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq.; (iv) the 457 Clean Water Act, 33 USC Section 1251, et seq.; (v) California Health and Safety Code Sections 458 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7401, et seq.; 459 and (vii) California Water Code Section 13050; (b) any amendments, rules, or regulations 460 promulgated thereunder to such enumerated statutes or acts currently existing or hereinafter 461 enacted; and (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant 462 identified as hazardous or toxic or regulated under any other applicable federal, State, and local 463 environmental laws currently existing or hereinafter enacted, including without limitation, friable 464 asbestos, polychlorinated biphenyl (“PCBs”), petroleum, natural gas and synthetic fuel products, 465 and by-products.
466
467 LLL. "Hazardous Waste(s) or Materials" means any waste which meets the 468 definitions set forth in 22 CCR Section 66261.3, et seq. and is required to be managed; or as 469 otherwise defined in 14 CCR Section 17402(a)(7). Hazardous Waste includes hazardous wood 470 waste, which means wood that falls within the definition of “treated wood” or “treated wood 471 waste” in 22 CCR Section 67386.4, or as otherwise defined in 14 CCR Section 18982(a)(30.5). 472
473 MMM. “Holidays” are defined as New Year’s Day and Christmas Day. 474
475 NNN. “Independent Government Agencies” means any Federal, State or local 476 government agencies, including but not limited to special districts, school districts, 477 Indian reservations, California Department of Parks and Recreation, California State 478 Department of Corrections, United States Forest Service, Bureau of Land Management, 479 United States Corp of Engineers, which due to provisions of California State Law do not 480 have to comply or recognize the Grantee as the City’s exclusively franchised Solid 481 Waste Collector.
482
483 OOO. "Industrial Solid Waste" means Solid Waste in an amount exceeding an average 484 of five hundred pounds (500 lbs.) per operating day produced by any Person principally engaged City of Willits Franchise Agreement
12 485 in the business of Processing or manufacturing agricultural, animal, or other products or 486 materials whose principal outlet for such products is wholesale rather than retail, and by any 487 Person engaged in the business of building construction or demolition. Industrial Solid Waste 488 excludes Non-Discarded Recyclable Materials.
489
490 PPP. “Landfill” means a “Solid Waste Landfill” defined by Public Resources Code 491 Section 40195.1.
492
493 QQQ. “Large Event” means an event, including, but not limited to, a sporting event or a 494 flea market, that charges an admission price, or is operated by a local agency, and serves an 495 average of more than 2,000 individuals per day of operation of the event, at a location that 496 includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf 497 course, street system, or other open space when being used for an event. If the definition in 14 498 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 499 18982(a)(38) shall apply to this Agreement.
500
501 RRR. “Large Venue” means a permanent venue facility that annually seats or serves an 502 average of more than 2,000 individuals within the grounds of the facility per day of operation of 503 the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue 504 facility includes, but is not limited to, a public, nonprofit, or privately owned or operated 505 stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, 506 airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other 507 public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a 508 site under common ownership or control that includes more than one Large Venue that is 509 contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 510 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 511 18982(a)(39) shall apply to this Agreement.
512
513 SSS. “Liquidated Damages” means the amounts due by Grantee for failure to meet 514 specific quantifiable standards of performance as described in Exhibit F. 515
516 TTT. “Medical Waste” means any Solid Waste that is generated or has been used in the 517 diagnosis, treatment, or immunization of human beings or animals, or research pertaining 518 thereto, and shall include, but not be limited to, biomedical, biohazardous and medical waste, or 519 other Solid Waste resulting from medical activities or services as defined by the Public 520 Resources Code, as currently enacted or subsequently amended. 521
522 UUU. “Multi-Family” or “Multi-Family Dwelling Unit” means of, from, or pertaining 523 to residential Premises with two (2) or more dwelling units. Multi-Family Premises do not 524 include hotels, motels, or other transient occupancy facilities, which are considered Commercial 525 Businesses. References to “Multi-Family Dwelling Unit” refer to an individual residential unit of 526 the Multi-Family Premises.
527
528 VVV. "Non-Discarded Recyclable Materials" means any Recyclable Materials, as City of Willits Franchise Agreement
13 529 defined herein, that the Generator retains, sells, or donates. 530
531 WWW. "Occupant" means the Person in possession or control of the Premises, including 532 but not limited to Persons such as tenant, lessee, licensee, manager, custodian, or caretaker. 533
534 XXX. “Organic Waste” means Solid Wastes containing material originated from living 535 organisms and their metabolic waste products including, but not limited to, food, yard trimmings, 536 organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, 537 biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). 538 Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 539 18982(a)(16.5), respectively.
540
541 YYY. "Owner" or “Property Owner” means the owner of real property, or as otherwise 542 defined in 14 CCR Section 18982(a)(57).
543
544 ZZZ. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 545 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as 546 otherwise defined in 14 CCR Section 18982(a)(51).
547
548 AAAA. "Person" has the same meaning as in Public Resources Code Section 40170, which 549 states, as of the Effective Date of this Agreement, that a Person includes an individual, firm, 550 limited liability company, association, partnership, political subdivision, government agency, 551 municipality, industry, public or private corporation, or any other entity whatsoever. 552
553 BBBB. "Premises" means a parcel of real property to the center of any alley adjacent 554 thereto, located in Franchise Area, upon which is situated any dwelling house or other place of 555 human habitation, including each unit of a multiple dwelling building, or of a mobile home park; 556 or upon which is conducted any business, occupation, or activity which results in the production 557 or accumulation of Solid Waste.
558
559 CCCC. “Process”, “Processed” or “Processing” means the controlled separation, 560 recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited 561 to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of 562 waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or 563 volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). 564
565 DDDD. “Processing Site” means any plant or site used for the purpose of sorting, 566 cleansing, treating or reconstituting Recyclable Materials for the purpose of making such material 567 available for reuse.
568
569 EEEE. “Prohibited Container Contaminants” means the following: (i) Discarded 570 Materials placed in the Blue Container that are not identified as acceptable Source Separated 571 Recyclable Materials for the City’s Blue Container; (ii) Discarded Materials placed in the Green 572 Container that are not identified as acceptable SSGCOW for the Grantee’s Green Container; (iii) City of Willits Franchise Agreement
14 573 Discarded Materials placed in the Gray Container that are acceptable Source Separated 574 Recyclable Materials and/or SSGCOW to be placed in Grantee’s Green Container and/or Blue 575 Container ; and (iv) Excluded Waste placed in any Container. 576
577 FFFF. “Rate” means the maximum amount, expressed as a dollar unit, approved by the 578 City that the Grantee may bill a Customer for providing specified services under this Agreement. 579 A Rate has been established for each individual Service Level and the initial Rates for Rate 580 Period One are presented in Exhibits A and B. The Rates approved by City are the maximum Rate 581 that Grantee may charge a Customer for a particular Service Level and Grantee may, in its sole 582 discretion, charge any amount up to and including the maximum Rate approved by the City 583
584 GGGG. “Rate Period” means a 12-month period, commencing January 1 and concluding 585 December 31 for which Rates are calculated, with the exception that Rate Period One shall 586 commence on the Effective Date of this Agreement and conclude December 31, 2024. 587
588 HHHH. “Prohibited Container Contaminants” means the following: (i) Discarded 589 Materials placed in the Blue Container that are not identified as acceptable Source Separated 590 Recyclable Materials for the Grantee’s Blue Container; (ii) Discarded Materials placed in the 591 Green Container that are not identified as acceptable SSGCOW for the Grantee’s Green 592 Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source 593 Separated Recyclable Materials and/or SSGCOW to be placed in Grantee’s Green Container 594 and/or Blue Container ; and (iv) Excluded Waste placed in any Container. 595
596 IIII. “Public Resources Code” or “PRC” means the California Public Resources Code. 597
598 JJJJ. "Recyclable Material(s)" includes materials which are reused or Processed into a 599 form suitable for reuse through reprocessing or remanufacture, consistent with the requirements 600 of the Public Resources Code. No materials shall be considered Recyclable Materials unless such 601 material is separated from Solid Waste and Organic Waste. Recyclable Materials shall include, 602 but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed 603 paper (including office paper, computer paper, magazines, telephone books, grocery bags, 604 colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other 605 similar food boxes); chipboard; corrugated cardboard; paper milk cartons; glass containers of any 606 color (including brown, clear, green and blue bottles and jars; aluminum (including beverage 607 containers, foil, food containers, small pieces of scrap metal); small pieces of scrap metal 608 weighing less than 10 pounds and fitting into the Blue Container; steel, tin or bi-metal cans; 609 plastic containers (no. 1 to 7); and aseptic beverages boxes. 610
611 KKKK. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, 612 treating, and reconfiguring materials for the purpose of returning them to the economic 613 mainstream in the form of raw material for new, Reused, or reconstituted products that meet the 614 quality standards necessary to be used in the marketplace. Recycling includes processes deemed 615 to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, 616 Article 2. Recycling does not include gasification or transformation as defined in Public City of Willits Franchise Agreement
15 617 Resources Code Section 40201.
618
619 LLLL. “Remnant Organic Material” means the Organic Waste that is Collected in a 620 Gray Container that is part of the Gray Container Collection stream, or as otherwise defined in 621 14 CCR 17402(a)(23.5).
622
623 MMMM. “Residual” or “Residue” means the Solid Waste destined for Disposal, further 624 transfer/processing as defined in 14 CCR Section 17402(a)(30) or 14 CCR Section 17402(a)(31), 625 or transformation which remains after Processing has taken place and is calculated in percent as 626 the weight of Residual divided by the total incoming weight of materials. 627
628 NNNN. "Residential Solid Waste" means all types of Solid Waste which originate from 629 residents of Single-Family Dwellings and Multi-Family Dwelling Units. 630
631 OOOO. "Responsible Party" means: 1) Any individual or any corporation, partnership or 632 business association or an officer, director, or management employee of a corporation, 633 partnership, or business association that has the authority to make discretionary decisions with 634 respect to the operations or financial management of the Grantee; or, 2) Any corporation, sole635 proprietorship, partnership, or business association, or officer, director, or management 636 employee of such entity, that holds at least five percent (5%) equity or debt interest in the 637 Grantee. If any holder of such debt or equity is not a natural person, the term "responsible party" 638 includes only the debtor, equity holding Person and officers, directors, and management 639 employees of the debt or equity holder who are empowered to make discretionary decisions with 640 respect to the operation or financial management of the Grantee. 641
642 PPPP. “Reusable Items” means items that are capable of being Reused after minimal 643 Processing. Reusable Items may be Collected Source Separated or recovered through a 644 Processing Facility. Reusable Items may include, but are not limited to, clothing, furniture, 645 and/or sporting equipment
646
647 QQQQ. “Reuse” or any variation thereof, means the use, in the same, or similar, form as it 648 was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 649 CCR Section 17402.5(b)(2).
650
651 RRRR. “Roll-Off Box” has the same meaning as “Debris Box”. 652
653 SSSS. “Salvageable Material” or “Salvaged Material” means an object or material that 654 results from salvaging, where salvaging means the controlled separation of Solid Waste material 655 which do not require further processing for Reuse or Recycling prior to Transfer activities, or as 656 otherwise defined in 14 CCR Section 17402(a)(24).
657
658 TTTT. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 659 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the 660 Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of City of Willits Franchise Agreement
16 661 Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a 662 statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, 663 superseded, and replaced from time to time.
664
665 UUUU. “SB 1383 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived 666 Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and 667 adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of 668 regulations of 14 CCR and 27 CCR.
669
670 VVVV. “Self-Hauler” or “Self-Haul” means a Person who hauls Solid Waste, Organic 671 Waste, or recovered material they have generated to another Person, or as otherwise defined in 672 14 CCR Section 18982(a)(66). Self-Hauler also includes a Person who Back-Hauls waste. 673
674 WWWW. “Service Level” refers to the number and size of a Customer’s Container(s) and 675 the frequency of Collection service, as well as ancillary services such as lock/unlock service, 676 Container push/pull service, etc.
677
678 XXXX. "Single-Family", “Single-Family Dwelling” or “SFD” means any residential 679 Premises with less than two (2) units.
680
681 YYYY. "Solid Waste" has the same meaning as defined in PRC Section 40191, which 682 defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, 683 including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and 684 construction wastes, abandoned vehicles and parts thereof, discarded home and industrial 685 appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, 686 manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid 687 wastes, with the exception that Solid Waste does not include any of the following wastes:
688
689 1. Hazardous waste, as defined in PRC Section 40141. 690 2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 691 (commencing with Section 114960) of Part 9 of Division 104 of the Health and 692 Safety Code).
693 3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 694 14, commencing with Section 117600, of Division 104 of the Health and Safety 695 Code). Untreated medical waste shall not be disposed of in a solid waste Landfill, as 696 defined in PRC Section 40195.1. Medical waste that has been treated and deemed to 697 be Solid Waste shall be regulated pursuant to PRC, Division 30. 698
699 ZZZZ. "Solid Waste Collector" means a Person who collects or Transports Solid Waste 700 under authority granted by the Board or Department including his/her agents and employees. 701
702 AAAAA. "Solid Waste Ordinance" means Title 9A of the City Code, as currently adopted 703 by the City Council of the City of Willits and future amendments to Title 9A as adopted by the 704 City Council.

City of Willits Franchise Agreement
17 705
706 BBBBB. “Source Separated” means materials, including commingled Recyclable materials, 707 that have been separated or kept separate from the Solid Waste stream, at the point of generation, 708 for the purpose of additional sorting or Processing those materials for Recycling or Reuse in 709 order to return them to the economic mainstream in the form of raw material for new, reused, or 710 reconstituted products which meet the quality standards necessary to be used in the marketplace, 711 or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Agreement, 712 Source Separated shall include separation of materials by the Generator, Property Owner, 713 Property Owner’s employee, property manager, or property manager’s employee into different 714 Containers for the purpose of Collection such that Source Separated materials are separated from 715 Gray Container Waste and other Solid Waste for the purposes of Collection and Processing. 716
717 CCCCC. “Source Separated Green Container Organic Waste” or “SSGCOW” means 718 Source Separated Organic Waste that can be placed in a Green Container that is specifically 719 intended for the separate Collection of Organic Waste by the Generator, excluding SSBCOW, 720 Compostable Plastics, carpets, Non-Compostable Paper, and textiles. 721
722 DDDDD. “Source Separated Recyclable Materials” means Source Separated Non723 Organic Recyclables. 724
725 EEEEE. “State” means the State of California.
726
727 FFFFF. “Subcontractor” means a party who has entered into a contract, expressed, or 728 implied, with the Grantee for the performance of an act that is necessary for the Grantee’s 729 fulfillment of its obligations under this Agreement. 730
731 GGGGG. “Tier One Commercial Edible Food Generator” means a Commercial Edible 732 Food Generator that is one of the following, each as defined in 14 CCR Section 18982:
733
734 1. Supermarket.
735 2. Grocery Store with a total facility size equal to or greater than 10,000 square 736 feet.
737 3. Food Service Provider.
738 4. Food Distributor.
739 5. Wholesale Food Vendor.
740
741 If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food 742 Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply 743 to this Agreement.
744
745 HHHHH. “Tier Two Commercial Edible Food Generator” means a Commercial Edible 746 Food Generator that is one of the following, each as defined in 14 CCR Section 18982:
747
748 1. Restaurant with 250 or more seats, or a total facility size equal to or greater City of Willits Franchise Agreement
18 749 than 5,000 square feet.
750 2. Hotel with an on-site food facility and 200 or more rooms 751 3. Health facility with an on-site food facility and 100 or more beds. 752 4. Large Venue.
753 5. Large Event.
754 6. A State agency with a cafeteria with 250 or more seats or total cafeteria 755 facility size equal to or greater than 5,000 square feet. 756 7. A local education agency with an on-site food facility. 757
758 If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food 759 Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply 760 to this Agreement
761
762 IIIII. “Ton” or “Tonnage” or “Tons” means a unit of weight equal to 2,000 pounds 763 (907.18474 kg).
764
765 JJJJJ. “Transfer” means the act of transferring Discarded Materials Collected by Grantee 766 from Grantee’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to 767 other Facilities for Processing or Disposing of such materials. Transfer allows for removal of 768 materials excluded or prohibited from handling at the Transfer Facility (e.g., removal of 769 Hazardous Waste).
770
771 KKKKK. “Transportation” or “Transport” means the act of conveying Collected 772 materials from one location to another.
773
774 LLLLL. "Waste Stream" means the total amount of Solid Waste generated in a given area, 775 such as the City or a specific Franchise Area. Waste Stream does not include Recyclable 776 Materials that have been separated from Solid Waste by the Generator so that the Recyclable 777 Materials never become discarded waste.
778
779 MMMMM. “Workdays” or “Working Days” means days on which the Grantee is 780 required to provide regularly scheduled Collection services under this Agreement.

City of Willits Franchise Agreement
19 781 SECTION 3 - COMPLIANCE WITH LAWS AND REGULATIONS 782
783 Grantee warrants that it will comply with all applicable laws in effect during the term of 784 this Agreement, including implementing regulations, as they may, from time to time, be 785 amended, specifically including, but not limited to the Comprehensive Environmental Response, 786 Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., the Resource 787 Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., the California Public Resources 788 Code Section 40000 et. seq., and all other applicable laws of the State of California, the City of 789 Willits, ordinances of the City, the City's Source Reduction and Recycling Element, the City's 790 Household Hazardous Waste Element, the City-wide Integrated Waste Management Plan, the 791 requirements of Local Enforcement Agencies and other agencies with jurisdiction relating to the 792 services provided by Grantee under this agreement. In the event of conflict between regulations 793 or statutes, Grantee shall comply with the regulation or statute containing the most stringent 794 applicable standards. Grantee shall comply with all final and binding judgments entered against 795 Grantee regarding its services performed under this agreement. 796
797 SECTION 4 - TERM AND SCOPE OF AGREEMENT
798
799 A. Term of Agreement
800
801 (1) Effective Date and Commencement Date. The Effective Date of this 802 Agreement shall be 12:01 a.m. January 1, 2024.
803
804 (2) Term. The Term of this Agreement shall be from January 1, 2024, to midnight 805 December 31, 2032, unless the Agreement is extended by written agreement of 806 both Parties or terminated in accordance with Section 19. 807
808 (3) Option to Extend Term. Notwithstanding the provisions of Section 4 A (2) 809 above, this Agreement shall be automatically extended for an additional ten (10) 810 year term, unless City provides Grantee with not more than three (3) or less than 811 one (1) year written notice prior to the expiration date of its intent not to renew 812 this Agreement for such additional term. If City fails to provide written notice to 813 Grantee as specified herein, the Agreement will be extended as provided herein. 814 In order to assure that the City is timely aware of the automatic ten (10) year 815 extension of the Term provision, Grantee, anytime during the period thirty-six 816 (36) to eighteen (18) months prior to the end of the initial Term of the Agreement, 817 shall provide written notice to the attention of the City Manager, that under 818 paragraph 4 A (3) of the Franchise Agreement, the ten (10) year renewal Term 819 will automatically commence at the end of the initial Term, without City action. 820 Failure by the Grantee to give such notice to the City will eliminate the automatic 821 ten (10) year extension of the Agreement, and such automatic extension will be 822 replaced with a ten (10) year extension, if mutually agreed to by the parties. The 823 Grantee shall make such notice to the City using either USPS Certified mail, or by 824 using any national delivery service that provides proof of delivery.

City of Willits Franchise Agreement
20 825
826 (4) City’s Rights upon Expiration or Revocation. At the expiration or revocation 827 of this Agreement, the City may proceed with a competitive bidding or request for 828 proposal process or exercise any other option available under Applicable Law. 829
830 B. Scope of Agreement
831
832 The Grantee shall have the exclusive right to service any Occupant or Owner to make all 833 Solid Waste and Recyclable Material Collections within the Franchise Area, except as described 834 in Section 4C or except as otherwise precluded by Applicable Law. 835
836 The Grantee or its Subcontractor shall be responsible for the following services:
837
838 (1) Collecting all Solid Waste and Recyclable Materials generated in the Franchise 839 Area and placed by Generator for Collection.
840
841 (2) Transporting collected materials to the Designated or Approved Disposal Facility, 842 Organic Waste Processing Facility, or Source Separated Recyclable Materials 843 Processing Facility.
844
845 (3) Processing and marketing of Recyclable Materials Collected in the Franchise 846 Area by Grantee.
847
848 (4) Collecting Demolition and Construction Debris generated within the Franchise 849 Area.
850
851 (5) Operating a Recyclable Material buy-back center located at the Designated 852 Recyclable Material Buy-Back Site.
853
854 (6) Furnishing all labor, supervision, vehicles, Containers, other equipment, 855 materials, supplies, and all other items and services necessary to perform its 856 obligations under this Agreement.
857
858 (7) Paying all expenses related to provision of services required by this Agreement 859 including, but not limited to, taxes, regulatory fees, pass-through costs, utilities, 860 etc.
861
862 (8) Providing all services required by this Agreement in a thorough and professional 863 manner so that residents, businesses, and the City are provided timely, reliable, 864 courteous, and high-quality service at all times.
865
866 (9) Complying with Applicable Law.
867
868 (10) Performing or providing all other services necessary to fulfill its obligations under City of Willits Franchise Agreement
21 869 this Agreement.
870
871 (11) Accepting Food Waste at no additional cost to customers. Destination Compost 872 facility will be a fully permitted facility in which Grantee holds a proprietary 873 interest, or, if such is unavailable, to an Approved Organic Waste Processing 874 Facility.
875
876 C. Limitations to Scope
877
878 The materials listed below in this Section may be Collected and Transported by other 879 Persons. Such Persons shall do so in accordance with the City Code. 880
881 (1) Industrial Recyclable Materials. Recyclable Materials from a Generator of 882 Industrial Solid Waste that are not disposed of and are recycled including, but not 883 limited to, wood chips from the forest products industry used as boiler fuel, and 884 agricultural waste used to produce Compost. If Solid Waste residue in Recyclable 885 Materials exceeds 5% by volume it shall be considered Solid Waste and not Industrial 886 Recyclable Material and shall be collected by Grantee 887
888 (2) Non-Discarded Recyclable Materials provided the transporter is paid no direct or 889 in-kind fee for the service and compensates the Generator for the Recyclable 890 Materials.
891
892 (3) Materials Hauled by Owner, Occupant, or a Cooperative of Persons, or its 893 Contractor. Solid Waste and/or Recyclable Materials that are removed from any 894 Premises by the Owner, Occupant, or a cooperative of persons and are 895 Transported, without compensation, to a Disposal Site or Processing Site by (i) 896 the Owner, Occupant or cooperative of persons of such Premises, (ii) by full-time 897 employee(s) of Owner, Occupant, or cooperative of persons that uses the 898 Owner’s, Occupant’s, or cooperative of persons’ equipment to Transport 899 materials; or (iii) by a contractor whose removal of the Solid Waste and/or 900 Recyclable Materials, and/or Demolition and Construction Debris incidental to 901 the service being performed and such contractor removes materials at no 902 additional or separate fee using contractor’s own equipment and labor; 903
904 (4) Containers Recycled. Containers delivered for Recycling under the California 905 Beverage Container Recycling Litter Reduction Act, Section 14500, California 906 Public Resources Code et. seq. as may be amended from time to time. 907
908 (5) Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains 909 from slaughterhouse or butcher shops, grease waste, or used cooking oil. 910
911 (6) Sewage Treatment By-Product. By-products of sewage treatment including 912 sludge, sludge ash, grit, and screenings.

City of Willits Franchise Agreement
22 913
914 (7) Hazardous Wastes. Household Hazardous Waste, Hazardous Waste, and 915 Designated Waste regardless of its source.
916
917 (8) State and Federal Wastes. Materials generated by state and federal agencies, 918 special districts, school districts, State parks, State correction facilities, and Indian 919 reservations.
920
921 (9) Other Materials. Lead-acid batteries, waste oil, tires, and scrap metal not 922 covered as Discarded Recyclable Materials.
923
924 (10) Edible Food. Edible Food that is collected from a Generator by other Person(s), 925 such as a Person from a Food Recovery Organization or Food Recovery Service, 926 for the purposes of Food Recovery; or that is transported by the Generator to 927 another location(s), such as the location of a Food Recovery Organization, for the 928 purposes of Food Recovery, regardless of whether the Generator donates, sells, or 929 pays a fee to the other Person(s) to collect or receive the Edible Food from the 930 Generator.
931
932 (11) On-Site or Community Composting. Organic Waste that is composted or 933 otherwise legally managed at the site where it is generated or at a Community 934 Composting site.
935
936 D. Subcontracting
937
938 Grantee shall not engage any Sub-grantees for Collection, Transportation, Processing, or 939 Disposal of Solid Waste, Organic Waste, or Recyclable Materials services without the prior 940 written consent of the City.
941
942 E. Franchise Area Defined
943
944 This Agreement allows the Grantee to Collect, Transport, and Process Solid Waste and 945 Recyclable Materials generated within the Franchise Area defined and shown on that certain map 946 entitled "Solid Waste Refuse Collection Area", attached hereto as Exhibit E – Franchise Area 947 Maps and incorporated herein by this reference. The Franchise Area may be modified upon 948 renegotiation and mutual consent of both parties should the City find such modification 949 necessary for the efficient administration of this Agreement and in the public interest. In the 950 event of such a modification, the Grantee shall be given ninety (90) days’ written notice thereof 951 before the modification shall become effective.
952
City of Willits Franchise Agreement
23 953 F. Franchise Area Limits
954
955 No Persons shall be granted a right to collect refuse in Grantee's Franchise Area unless 956 approved by the Willits City Council due to an emergency, a lack of service by the Grantee, or as 957 allowed according to Section 20 herein.
958
959 SECTION 5 - SERVICES PROVIDED BY GRANTEE
960
961 A. City to Approve All Services
962
963 The nature of the Solid Waste and Recyclable Materials services Grantee shall offer and 964 provide to Customers residing or doing business in the Franchise Area has been determined by 965 the City .
966
967 B. Collection Service.
968 In order to protect the public health and safety, Grantee shall collect, in a manner 969 consistent with public health and safety, Solid Waste Organic Waste, and Recyclable Materials 970 from its Customers in the Franchise Area as frequently as scheduled by Customer, but not less 971 than once per week. Except, in areas that have received a waiver pursuant to 14 CCR Section 972 18984.12(a), the Grantee may propose to City service standards and Rates for every other week 973 or monthly solid waste and recyclable material collection, which the City has the right to approve 974 in accordance with Section 6.H. Solid Waste service shall be provided in the Container 975 Sizes and Collection frequencies as set forth in Exhibits A and B to this Agreement, and 976 the billings to Customers for Solid Waste service shall incorporate at no extra cost 977 Organic Waste and Recyclable Material Collection, except as set forth herein. 978 The scope of services to be performed by Grantee pursuant to this Agreement shall 979 include the furnishing of all labor, supervision, equipment, materials, supplies, and all other 980 items necessary to perform all requirements of this Agreement. The enumeration of, and 981 specification of requirements for, particular items of labor or equipment shall not relieve the 982 Grantee of the duty to furnish all others, as may be required, whether enumerated or not. 983 The scope of services to be performed by Grantee pursuant to this Agreement shall be 984 accomplished in a manner so that Customers are provided reliable, courteous, and high-quality 985 Collection services and other services described in this Agreement at all times. The enumeration 986 of, and specification of requirements for, particular aspects of service quality shall not relieve 987 Grantee of the duty of accomplishing all other aspects in the manner generally provided in this 988 Article for the delivery of services, whether such other aspects are enumerated elsewhere in this 989 Agreement or not.
990 Grantee shall not knowingly Collect Blue, Green, or Gray Containers that include 991 Prohibited Container Contaminants.
992
City of Willits Franchise Agreement
24 993 (1) General. Grantee shall provide a three-Container Collection program for the 994 separate Collection of Source Separated Recyclable Materials, SSGCOW, and 995 Gray Container Waste as specified in this Section, using Containers that comply 996 with the requirements of Section 7.F(4).
997
998 (2) Source Separated Recyclable Materials Collection (Blue Container). Grantee 999 shall provide Blue Containers to Customers for Collection of Source Separated 1000 Recyclable Materials and shall provide Source Separated Recyclable Materials 1001 Collection service, as described in Exhibits A, and B of this Agreement. Grantee 1002 shall Transport the Source Separated Recyclable Materials to the 1003 Approved/Designated Source Separated Recyclable Materials Processing Facility, 1004 as specified in Section 10.
1005
1006 Source Separated Recyclable Materials that are to be accepted for Collection in 1007 the Source Separated Recyclable Materials Collection program include the 1008 following: newspaper (including inserts, coupons, and store advertisements); 1009 mixed paper (including office paper, computer paper, magazines, junk mail, 1010 catalogs, brown paper bags, brown paper, paperboard, paper eggs cartons, 1011 telephone books, grocery bags, colored paper, construction paper, envelopes, legal 1012 pad backings, shoe boxes, cereal and other similar food boxes, chipboard; 1013 corrugated cardboard; paper milk cartons; glass containers of any color (including 1014 brown, clear, green, and blue glass bottles and jars); aluminum (including 1015 beverage containers, foil, food containers, small pieces of scrap metal); small 1016 pieces of scrap metal weighing 10 pounds and fitting into the Blue Container; 1017 steel, tin or bi-metal cans; plastic containers (no. 1 to 7); and aseptic boxes. The 1018 Parties agree that the list of accepted types of Source Separated Recyclable 1019 Materials may be added to or removed from this list from time to time by 1020 amendment. Prohibited Container Contaminants shall not be Collected in the Blue 1021 Containers. The Containers shall comply with the requirements of Section 7.F(4). 1022
1023 In areas that have received a waiver pursuant to 14 CCR Section 18984.12(a), on 1024 a case-by-case basis, City may approve Grantee to provide curbside Recycling 1025 collection by use of a blue plastic bag for mixed Recyclables provided free to the 1026 Customer, to be placed by Customer next to the cart for Solid Waste, and Grantee 1027 shall later remove it for recovery of the Recyclables in the blue bag. Grantee shall 1028 provide a new blue bag to each Customer upon collection of a blue bag set out for 1029 collection.
1030
1031 (3) SSGCOW Collection (Green Container). At a minimum in “Areas Subject to 1032 SB 1383 Organic Waste Collection Requirements” and “Additional Existing 1033 Organic Waste Collection Area”, as shown in Exhibit E - Franchise Area Maps, 1034 Grantee shall provide Green Containers to Customers for Collection of SSGCOW 1035 and shall provide SSGCOW Collection service, as described in Exhibits A and B 1036 of this Agreement, Grantee shall Transport the SSGCOW to the City of Willits Franchise Agreement
25 1037 Approved/Designated Organic Waste Processing Facility, as specified in Section 1038 10.
1039
1040 SSGCOW that are to be accepted for Collection in the SSGCOW Collection 1041 program include the following: Food Scraps; Food-Soiled Paper; and Yard 1042 Trimmings, which are defined below. The Parties agree that types of SSGCOW 1043 may be added to or removed from this list from time to time by amendment. 1044 Grantee shall not add or remove materials to or from this list without written 1045 approval from City or signed amendment to the Agreement, and such approval 1046 shall not be unreasonably withheld. Carpets, non-Compostable Paper, textiles, and 1047 Prohibited Container Contaminants shall not be Collected in the Green 1048 Containers.
1049
1050 Yard Trimmings that are to be accepted for Collection in the SSGCOW 1051 Collection program include the following: green trimmings, grass, weeds, 1052 flowers, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, 1053 and other types of SSGCOW resulting from normal yard and landscaping 1054 installation, maintenance, or removal. The Parties agree that accepted types of 1055 Yard Trimmings may be added to or removed from this list from time to time by 1056 amendment. Grantee shall not add or remove materials to or from this list without 1057 written approval from City or signed amendment to the Agreement, and such 1058 approval shall not be unreasonably withheld.
1059
1060 (4) Gray Container Waste Collection (Gray Container). Grantee shall provide 1061 Gray Containers to Customers for Collection of Gray Container Waste, and shall 1062 provide Gray Container Waste Collection service, as described in Exhibits A and 1063 B of this Agreement. Grantee shall Transport the Gray Container Waste to the 1064 Approved or Designated Disposal Facility, as specified in Section 10. Grantee 1065 may allow carpets and textiles to be placed in the Gray Containers; in the event 1066 that Grantee disallows such items from being placed in the Gray Containers, 1067 Grantee shall direct Customer as to how such items may be disposed. Prohibited 1068 Container Contaminants shall not be Collected in the Gray Containers. The 1069 Containers shall comply with the requirements of Section 7.F(4). 1070
1071 (5) Debris Box Collection. Grantee shall provide Debris Box collection service at 1072 Customer’s request for the collection of C&D materials and other Bulky Waste on 1073 an as needed basis. Debris Box Solid Waste shall be transported to the Approved 1074 or Designated Disposal Facility or Approved C&D Processing Facility that 1075 provides the lowest total cost to the Customer and such Processing shall comply 1076 with requirements prescribed in Section 10 of this Agreement and Exhibit C. 1077 Customers shall pay the Roll-off Pull Rates as specified in Exhibit B in addition 1078 to the actual disposal charge based on the weight of the Debris Box Solid Waste. 1079
1080 Grantee shall offer Recycling service for unpainted wood, Organic Waste, scrap City of Willits Franchise Agreement
26 1081 metal, concrete, asphalt, gypsum board (also known as “dry wall”) and carpet 1082 padding to Customers. A Debris Box for these materials will be provided at a 1083 20% discount.
1084
1085 (6) Special Events Collection. Grantee may provide Source Separated Recyclable 1086 Materials, SSGCOW, and Gray Container Waste services at special events, at the 1087 City-approved Rates. At such events, Grantee shall provide for Collection of 1088 Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste. 1089 Each event Collection station shall include separate Containers for each of Source 1090 Separated Recyclable Materials, SSGCOW, and Gray Container Waste, as 1091 appropriate. Grantee shall provide a sufficient number of event Collection stations 1092 of sufficient capacity to meet the needs of the event as determined by Grantee in 1093 cooperation with the event organizer. Collection stations shall utilize the same 1094 Carts used to provide services to Single-Family Customers unless alternative 1095 Containers are approved by the City. Collection stations shall include adequate 1096 labeling.
1097
1098 Upon request, Grantee shall provide Containers for the aggregation of material 1099 removed from event Collection stations during the course of the event. Grantee 1100 shall provide Containers in sufficient number of appropriate type(s) for the needs 1101 of the event as determined by Grantee in cooperation with the event organizer. 1102 Grantee shall service Containers, as agreed-upon with the event organizer, and 1103 deliver Collected materials to the appropriate Approved/Designated Facility for 1104 Processing and/or Disposal.
1105
1106 C. Recyclable Material Buy-Back Facility
1107
City of Willits Franchise Agreement
27 1108 Grantee shall operate and maintain a buy-back Recycling center at each of the Designated 1109 Recyclable Material Buy-Back Sites. At a minimum, Grantee shall purchase California 1110 Redemption Value (CRV) containers. In addition, Grantee shall accept for drop-off the 1111 following Recyclable Materials: aluminum and tin cans, glass beverage and food containers, 1112 plastics 1-7, newspaper, office paper, junk mail, magazines, telephone directories, paper board, 1113 and corrugated cardboard. Operating hours shall, at a minimum, be from 9:00 a.m. to 4:30 p.m., 1114 Wednesday through Saturday or days and hours approved by the City. 1115
1116 City reserves the right to require Grantee to open and operate additional Recyclable 1117 Material Buy-Back Facilities at any of the Grantee-operated transfer stations located within the 1118 Franchise Area. If City directs Grantee to open and operate additional Recyclable Material Buy1119 Back Facilities, this shall be considered a City-directed change in scope and Grantee is entitled to 1120 a receive a pass-through Rate adjustment, in accordance with Section 15.A of this Agreement. 1121
1122 D. Hours of Collection
1123
1124 No Collections shall be made in residential areas prior to 5:00 a.m. or after 6:00 p.m. No 1125 Collections shall be made at schools, churches, hospitals, offices, or commercial establishments 1126 within 200 feet of said residential districts prior to 5:00 a.m. or after 9:00 p.m. unless a 1127 modification of these hours is allowed in writing by the Department, which modification 1128 may be revoked at the sole discretion of the City. Special arrangements may be made pursuant 1129 to the Solid Waste Ordinance for all categories of Collections provided by the Grantee. 1130
1131 E. Collection on Holidays
1132 If the day of Collection on any given route falls on a Holiday, Grantee shall provide 1133 Collection service for such route on the workday either before or following such Holiday and 1134 shall not provide Collection service on such Holiday, and all subsequent Collection days during 1135 that Holiday week shall be adjusted at the discretion of Grantee. Grantee shall be responsible for 1136 Customer notification of Holiday Collection arrangements. If the day of Collection on any given 1137 route falls on any remaining Holiday, Grantee may continue to provide Collection service for 1138 such route on that workday.
1139
1140 SECTION 6 - OTHER PROGRAMS AND SERVICES PROVIDED BY GRANTEE 1141
1142 A. Source Reduction and Waste Diversion Programs
1143
1144 Grantee shall provide programs as are required by federal, state, or local regulations, 1145 including but not limited to, the City-wide Integrated Waste Management Plan, the Source 1146 Reduction and Recycling Element, and the Household Hazardous Waste Element and as 1147 itemized in Exhibits A and B. If City directs changes in Recycling or Organic Waste services, 1148 Grantee shall be entitled to recovery of any additional costs through the pass-through Rate 1149 adjustment procedure of Section 15.A. When introducing new or expanded Diversion programs, 1150 City shall define the objective of the program and cooperate with Grantee to consider Grantee’s City of Willits Franchise Agreement
28 1151 proposal for the methods to achieve the objective, and City shall consider alternative methods so 1152 that objectives are achieved while minimizing any costs or operational problems that the new 1153 program may cause to Grantee. In exercising its right to direct changes in Recycling or Organic 1154 Waste services, City will consider the impact upon Rates and the likelihood Grantee can recover 1155 all costs with the change.
1156
1157 B. Education and Outreach
1158
1159 (1) General. In order to promote public education, Grantee shall create all public 1160 education materials and conduct education programs and activities described in 1161 this Section at its expense.
1162
1163 (2) Program Objectives. Grantee’s public education and outreach strategy shall 1164 focus on improving Generators’ understanding of the benefits of and opportunities 1165 for source reduction, Reuse, and Landfill Disposal reduction. In general, Grantee1166 provided public education and outreach, which shall include all content required 1167 by this Section, should: (i) inform Generators about the services that are provided 1168 under this Agreement with specific focus on describing the methods and benefits 1169 of source reduction, Reuse, and reduction of Solid Waste Disposal; (ii) instruct 1170 Generators on the proper method for placing materials in Containers for 1171 Collection and setting Containers out for Collection with specific focus on 1172 minimizing contamination of Source Separated Recyclable Materials and 1173 SSGCOW, where applicable; (iii) clearly define Excluded Waste and educate 1174 Generators about the hazards of such materials and their opportunities for proper 1175 handling; (iv) discourage Generators from buying products if the product and its 1176 packaging are not readily reusable, recyclable, or compostable; (v) inform 1177 Generators subject to Food Recovery requirements under SB 1383 Regulations of 1178 their obligation to recover Edible Food and actions they can take to prevent the 1179 creation of Food Waste; (vi) encourage the use of Compost; and, (vii) encourage 1180 Generators to purchase products/packaging made with Recycled-content 1181 materials. The cumulative intended effect of these efforts is to reduce each 1182 Generator’s reliance on Grantee-provided Gray Container Waste service and, 1183 ultimately, Disposal, and Grantee agrees to support and not undermine or interfere 1184 with such efforts.
1185
1186 (3) Grantee Cooperation. Grantee acknowledges that they are part of a multi-party 1187 effort to operate and educate the public about the integrated waste management 1188 system. Grantee shall cooperate and coordinate with City on public education 1189 activities to minimize duplicative, inconsistent, or inappropriately timed education 1190 campaigns.
1191
1192 Grantee shall obtain approval from City on all Grantee-provided public education 1193 materials including, but not limited to print, radio, television, or internet media 1194 before publication, distribution, and/or release. City shall have the right to request City of Willits Franchise Agreement
29 1195 that Grantee include City identification and contact information on public 1196 education materials and approval of such requests shall not be unreasonably 1197 withheld. The City reserves the right to direct the Grantee to modify the education 1198 and outreach program at any time.
1199
1200 (4) Annual Education Plan. Annually, Grantee shall develop and submit an annual 1201 public education plan to promote the programs performed by Grantee under this 1202 Agreement. The annual public education plan shall present the education 1203 activities for the upcoming calendar year and shall be submitted with the 1204 Grantee’s annual report in accordance with Exhibit G. Each public education plan 1205 shall specify the target audience for services provided, include upcoming 1206 promotions for ongoing and known special events, identify program objectives, 1207 individual tasks, public education materials to be developed or updated, 1208 opportunities for expanded partnerships, and a timeline for implementation. The 1209 City shall be permitted to provide input on each annual public education plan, and 1210 the plan shall not be finalized or implemented without the approval of City. Each 1211 plan’s implementation success shall be measured according to the deadlines 1212 identified and products developed. Grantee shall meet with City to present and 1213 discuss the plan. City shall be allowed up to thirty (30) days after receipt to 1214 review and request modifications. City may request, and Grantee shall not 1215 unreasonably deny, modifications to be completed prior to approving the plan. 1216 Grantee shall have up to fifteen (15) Business Days to revise the plan in response 1217 to any requested changes by City. Any further delays may result in Liquidated 1218 Damages pursuant to Exhibit F for failure to perform education and outreach 1219 activities. Each Business Day that the plan is late shall count as a single 1220 event/activity.
1221
1222 (5) Annual and/or Ongoing Education Requirements
1223 a) Annual Notice of Requirements. Not less than once per year during each Rate 1224 Year, Grantee shall prepare and distribute to each Generator in the Jurisdiction 1225 a mailer that includes information specified in 14 CCR Section 18985.1(a). 1226 Such mailer shall be distributed by Grantee to all Residential and Commercial 1227 mailing addresses including individual Multi-Family Dwelling Units. Grantee 1228 shall also make this notice available in an electronic format through the 1229 Grantee’s website.
1230
1231 b) Annual Notice of Requirements. Not less than once per year during each Rate 1232 Year, Grantee shall prepare and distribute to each Generator in the Jurisdiction 1233 a mailer that includes information specified in 14 CCR Section 18985.1(a). 1234 Such mailer shall be distributed by Grantee to all Residential and Commercial 1235 mailing addresses including individual Multi-Family Dwelling Units. Grantee 1236 shall also make this notice available in an electronic format through the 1237 Grantee’s website.
1238
City of Willits Franchise Agreement
30 1239 c) Multi-Family and Commercial Customer Signage. Grantee shall provide all 1240 Multi-Family and Commercial Customers with Source Separated Recyclable 1241 Materials, SSGCOW, and Gray Container Waste program guidelines, as 1242 applicable, including posters to be placed in Collection areas and enclosures 1243 and other community areas at each Premises or building where Discarded 1244 Materials are stored.
1245
1246 d) Minimum Website Requirements. Grantee shall develop and maintain a 1247 website to provide Generators with detailed service information. The website 1248 or webpage shall be accessible by the public and shall include all education 1249 and outreach materials being provided, without requirement for login. Grantee 1250 shall update the website regularly so that information provided is current. 1251
1252 e) Instructional Service Guide. Within sixty (60) days of the Effective Date of 1253 this Agreement, Grantee shall prepare a service guide that describes available 1254 services, including how to place Containers for Collection, which materials 1255 should be placed in each Container and prohibited materials, and provides 1256 Collection holidays and a Customer service phone number. The service guide 1257 shall be printed and delivered annually to all Generators. Grantee shall prepare 1258 different service guides for Single-Family, Multi-Family, Commercial 1259 Generators, and Commercial Edible Food Generators. Grantee shall, at its sole 1260 expense, revise, re-print, and redistribute service guides at least sixty (60) 1261 days prior to a change in the accepted or prohibited materials for any program. 1262 Grantee shall make the service guide available in an electronic format through 1263 the Grantee’s website. Grantee may provide an electronic version of the 1264 instructional service guide rather than a printed version, if requested by the 1265 Customer.
1266
1267 f) Annual Multi-Family Dwelling Unit Notices. Within sixty (60) days of the 1268 Effective Date of this Agreement, Grantee shall obtain and track in its 1269 Customer information system(s) the number and addresses of dwelling units at 1270 each Multi-Family Premises serviced by Grantee. Grantee shall maintain this 1271 database by auditing the data at least once every two (2) years. At least 1272 annually, commencing no later than sixty (60) days after the Effective Date of 1273 this Agreement, Grantee shall prepare and distribute notices to each Multi1274 Family Dwelling Unit at Multi-Family Premises serviced by Grantee. The 1275 annual notices shall be a minimum of one page (which may include the front 1276 and back of a single printed sheet), and shall include information on 1277 regulations governing Discarded Materials, Hazardous Waste, and toxic 1278 waste; City and State requirements to properly separate Discarded Materials 1279 (such as requirements of the City Code and of State statutes and 1280 corresponding regulations, including, but not limited to, AB 341, AB 1826, 1281 and SB 1383); instructions on properly separating materials; waste prevention; 1282 services available; and any other information required by the City or by State City of Willits Franchise Agreement
31 1283 regulations (including SB 1383 Regulatory requirements for education, 1284 pursuant to 14 CCR, Division 7, Chapter 12, Article 4). As an alternative, 1285 Grantee may comply with these requirements through preparation and 1286 distribution of an annual newsletter distributed to each Multi-Family Dwelling 1287 Unit that provides the same information. Grantee shall make notices and 1288 newsletters available in an electronic format through the Grantee’s website. 1289 Grantee may provide an electronic version of the notices rather than a printed 1290 version, if requested by the Customer.
1291
1292 g) Provision of Educational Materials to Non-Compliant Entities. Grantee shall 1293 provide educational materials to non-compliant entities under this Agreement, 1294 as further described in Section 6.J.
1295
1296 h) Education Materials for Property and Business Owners and Tenants. Grantee 1297 shall annually provide Property Owners and Commercial Business owners 1298 with public education materials for their distribution to all employees, 1299 contractors, tenants, and Customers of the properties and businesses. The 1300 Grantee’s public education materials shall include, at a minimum, information 1301 about Organic Waste recovery requirements, as applicable, and proper sorting 1302 of Discarded Materials and shall reflect content requirements described in 1303 Section 6.B.6 below. Grantee shall provide the following materials for this 1304 purpose: insert materials (such as, but not limited to, welcome packets, flyers, 1305 and signs). A Commercial Business or Multi-Family Property Owner may 1306 request these materials more frequently than the standard annual provision if 1307 needed to comply with the requirement of 14 CCR Section 18984.10 for 1308 Commercial Businesses and Multi-Family Property Owners to provide 1309 educational information to new tenants and employees before or within 1310 fourteen (14) days of occupation of the Premises. In this case, the Commercial 1311 Business or Multi-Family Property Owner may request delivery of materials 1312 by contacting the Grantee’s customer service department not later than two (2) 1313 weeks in advance of the date that the materials are needed. 1314
1315 i) Education Requirements for Commercial Edible Food Generators 1316 i. Within sixty (60) days of the Effective Date of this Agreement, 1317 Grantee shall develop a list of Food Recovery Organizations and Food 1318 Recovery Services operating within the City, maintain the list on the 1319 Grantee’s website, share the list with City, and update the list annually. 1320 The list shall include, at a minimum, the following information about 1321 each Food Recovery Organization and each Food Recovery Service:
1322 1. Name and physical address.
1323 2. Contact information.
1324 3. Collection service area; and,
1325 4. An indication of types of Edible Food the Food Recovery 1326 Service or Food Recovery Organization can accept for Food City of Willits Franchise Agreement
32 1327 Recovery.
1328
1329 ii. At least annually, Grantee shall provide Commercial Edible Food 1330 Generators with the following information:
1331 1. Information about the City’s Edible Food Recovery program. 1332 2. Information about the Commercial Edible Food Generator 1333 requirements under 14 CCR, Division 7, Chapter 12, Article 1334 10.
1335 3. Information about Food Recovery Organizations and Food 1336 Recovery Services operating within the City, and where a list 1337 of those Food Recovery Organizations and Food Recovery 1338 Services can be found; and,
1339 4. Information about actions that Commercial Edible Food 1340 Generators can take to prevent the creation of Food Waste. 1341
1342 iii. Grantee may provide the information required by subsection b above 1343 by including it with regularly scheduled notices, education materials, 1344 billing inserts, or other information disseminated to Commercial 1345 Businesses.
1346
1347 (6) Minimum Content Requirements. Within sixty (60) days of the Effective Date 1348 of this Agreement and annually thereafter, Grantee shall include the following 1349 education and outreach content to Customers by incorporation of this content into 1350 the public education materials described in Section 6.B(5). 1351 a) Collection system description - Information on the Generator’s requirements 1352 to properly separate Source Separated Recyclable Materials, SSGCOW (as 1353 applicable), and Gray Container Waste and place such materials in appropriate 1354 Containers pursuant to this Agreement, SB 1383 Regulations, and all other 1355 Applicable Law.
1356
1357 b) Information on methods for the prevention of Source Separated Recyclable 1358 Materials and SSGCOW generation; managing SSGCOW on Generator’s 1359 Premises through composting or other Landfill Disposal reduction activities 1360 allowed under 14 CCR Sections 18983.1 and 18983.2; sending SSGCOW to 1361 Community Composting operations; and any other local requirements 1362 regarding Discarded Materials.
1363 c) Information regarding the methane reduction benefits of reducing the Disposal 1364 of SSGCOW, and the method(s) that the Contractor uses to recover 1365 SSGCOW.
1366
1367 d) Information regarding how to recover Source Separated Recyclable Materials 1368 and SSGCOW (as applicable) and contact information for the Franchised 1369 Hauler(s).
1370
City of Willits Franchise Agreement
33 1371 e) Information related to the public health and safety and environmental impacts 1372 associated with the Disposal of SSGCOW.
1373
1374 f) Information regarding programs for donation of Edible Food. 1375
1376 g) For Commercial Customers, information about City’s Edible Food Recovery 1377 Collection program; Tier One Commercial Edible Food Generators and Tier 1378 Two Edible Food Generators requirements specified in 14 CCR, Division 7, 1379 Chapter 12, Article 10; Food Recovery Organizations and Food Recovery 1380 Services operating within City, and where a list of those Food Recovery 1381 Organizations and Food Recovery Services can be found; and, information 1382 about actions that Commercial Edible Food Generators can take to prevent the 1383 creation of Food Waste.
1384
1385 h) Information regarding Self-Hauling requirements. 1386
1387 i) Any other federal, State, or local requirements to properly separate Discarded 1388 Materials or other necessary actions by Generators, including applicable 1389 requirements of the City Code, AB 341, AB 1826, and SB 1383 and 1390 corresponding regulations.
1391
1392 (7) Material Distribution Methods
1393 a) Printed materials. Grantee shall provide printed education materials as 1394 described in Section 6.B(5). Grantee shall be responsible for the design, 1395 printing, and distribution of these materials. All Grantee-printed public 1396 education materials shall, at a minimum, use recycled paper and/or be made of 1397 recycled material. The Grantee will use 100% post-consumer paper and 1398 procure printed materials from local businesses.
1399
1400 b) Electronic materials and website content. Grantee shall provide electronic and 1401 website content for education and outreach materials, which may include, but 1402 are not limited to digital graphics, digital versions of print materials, social 1403 media posts, and blog posts. Grantee shall be responsible for the design, 1404 posting, and electronic distribution of these materials. 1405
1406 (8) Non-English Language Requirements
1407
1408 Grantee shall make all public education and outreach materials required by this 1409 Section available in English and Spanish.
1410
1411 (9) Record Keeping and Reporting Requirements
1412
1413 Grantee shall comply with the public education and outreach record keeping and 1414 reporting requirements of Exhibit G.

City of Willits Franchise Agreement
34 1415
1416 (10) Personnel
1417 a) Public Education Outreach Coordinator. Grantee shall designate at a 1418 minimum one (1) staff member to serve as Outreach Coordinator. The 1419 duties of the Outreach Coordinator(s) shall be focused on public education 1420 and community outreach. The Outreach Coordinator(s) shall educate 1421 Customers and Customers’ employees on the importance of Recycling, 1422 Food Recovery, resource recovery, Landfill Disposal reduction, as well as 1423 all State, federal, City, and local mandates, including SB 1383 and SB 1424 1383 Regulations; and shall work with Customers to implement services, 1425 increase participation in Source Separated Recyclable Materials and 1426 SSGCOW Collection programs, and reduce contamination. The Outreach 1427 Coordinator(s) shall identify potential organizations and partners involved 1428 with Food Recovery and resource recovery. The Outreach Coordinator(s) 1429 shall be responsible for implementing the education plans and programs 1430 specified in this Section.
1431
1432 b) Staff Training. Annually, and upon hiring of new staff, Grantee is 1433 required to conduct thorough training of all Customer service 1434 representatives who may respond to Generator calls regarding Grantee’s 1435 Collection services and SB 1383 Regulatory requirements. Customer 1436 service representatives shall accurately communicate program 1437 requirements and the accepted and prohibited materials for each material 1438 stream for each Customer type.
1439
1440 Annually, and upon hiring of new staff, Grantee shall conduct thorough 1441 training of all Hauler Route personnel that come into contact with 1442 Generators on the Collection program requirements and the accepted and 1443 prohibited materials for each material stream for each Customer type. 1444
1445 C. Billing
1446
1447 (1) General. The City shall establish the Rates that Grantee may charge Customers 1448 for Solid Waste and Recyclable Materials services. Grantee shall bill all 1449 Customers and collect Billings in accordance with City-approved Rates. 1450
1451 The Grantee shall prepare, mail, and collect bills (or shall issue written receipts 1452 for cash payments) for Collection services provided by Grantee. The City shall 1453 have the right to review and approve the Billing format. 1454
1455 Grantee shall arrange to allow its Customers to pay bills through the following 1456 means: check, cash, or credit card. Grantee shall include the ability for Customer 1457 billings to be automatically charged on a recurring basis, at Customer’s request. 1458
City of Willits Franchise Agreement
35 1459 Grantee shall maintain copies of all Billings and receipts, each in chronological 1460 order, for five years for inspection and verification by City at any reasonable time 1461 upon request. The Grantee may, at its option, maintain those records in computer 1462 form, on microfiche, or in any other manner, provided that the records can be 1463 preserved and retrieved for inspection and verification in a timely manner. 1464
1465 Grantee shall be responsible for collection of payment from Customers with past 1466 due accounts (“bad debt”). Grantee shall make reasonable efforts to obtain 1467 payment from delinquent accounts through issuance of late payment notices, 1468 telephone requests for payments, and assistance from collection agencies. 1469 Accounts that are delinquent for a period of ninety-days (90) or more 1470 may be terminated by Grantee.
1471
1472 (2) Bill Inserts. City may direct Grantee to insert mailers (which shall be a single 1473 sheet of paper no larger than 8.5 inches by 11 inches) relating to service with the 1474 Bills. The mailers shall be printed on double-sided, post-consumer content paper 1475 and shall fit in standard envelopes. Grantee also agrees to insert with the Billings, 1476 mailers describing activities of the City government. City will provide not less 1477 than 30 calendar days’ notice to Grantee before the date of any proposed mailing, 1478 to permit Grantee to make appropriate arrangements for inclusion of the City's 1479 materials. City will provide Grantee the mailers at least 15 calendar days before 1480 the mailing date.
1481
1482 (3) Review of Billings. Grantee shall review its Billings to Customers to determine 1483 (i) if the amount the Grantee is billing each Customer is correct in terms of the 1484 level of service (i.e., frequency of Collection, size of Container, backyard service) 1485 Grantee is providing such Customer, and (ii) that all parties receiving service are 1486 invoiced for service. Grantee shall review all Customer accounts at least every 1487 other year unless City directs Grantee to do otherwise. Grantee shall submit to 1488 City every year, a written report of the billing review 30 days after the end of each 1489 Rate Period. The scope of the review, the Grantee’s work plan, and the format of 1490 the report (including supporting exhibits) shall be submitted to the City for 1491 approval no later than 60 days prior to commencement of the Billing review 1492 process. Should Grantee fail to perform any such review, the City may perform 1493 this review itself or through use of an agent, at Grantee’s expense. 1494
1495 (4) Rates and Waivers. Grantee shall bill Customers and collect Customer payments 1496 at Rates not to exceed the City-approved maximum Rates as specified in Exhibits 1497 A and B. Note that maximum Rates are established for Multi-Family and 1498 Commercial Customers that have been granted de minimis, space constraint, 1499 Collection frequency, low population, disaster, and/or emergency waivers 1500 pursuant to Sections 6.H. Contractor shall ensure that accurate records are 1501 maintained for such waivers and Customers are billed properly. 1502
City of Willits Franchise Agreement
36 1503 (5) Application of Contamination Surcharges. In accordance with Section 1504 6.D(1)(c), the Grantee shall assess contamination Processing fees on Customers 1505 with repeated occurrences of excess Prohibited Container Contaminants. Any 1506 contamination Processing fees to be assessed for a Customer shall be included and 1507 itemized on the Customer’s invoice for the billing period in which the Grantee 1508 notified the Customer of the assessment of the contamination Processing fee. 1509
1510 D. Contamination Monitoring
1511
1512 For areas of the City subject to SB 1383 that have not received a waiver pursuant to 14 1513 CCR Section 18984.12(a), Grantee shall perform contamination monitoring services in 1514 accordance with this Section.
1515
1516 (1) Contamination Monitoring Procedures
1517 a) General. This Section provides inspection method(s) for Prohibited Container 1518 Contaminants to be used by the Grantee in conducting contamination 1519 monitoring required by Section 6.D. Grantee shall have the discretion to elect 1520 which inspection method(s) to employ from time to time. 1521
1522 b) Container Inspection Methods.
1523 i. Option 1: Physical Container Inspections. Hauler Route personnel 1524 shall dismount the Collection vehicle, lift the Container lid and 1525 observe the contents. Upon finding Prohibited Container Contaminants 1526 in a Container, Grantee shall follow the contamination noticing 1527 procedures and contaminated Container handling protocols set forth in 1528 Section 6.D(1)(c).
1529
1530 ii. Option 2: Visual Inspections via On-Board Monitoring System. For 1531 Collection vehicles with automated Collection service, the Collection 1532 vehicle hopper shall be equipped with a video camera and monitoring 1533 system. The Grantee’s Hauler Route personnel shall observe, via the 1534 hopper video camera and monitoring system, the contents of the 1535 Containers as the materials are emptied into the vehicle. Upon finding 1536 Prohibited Container Contaminants in a Container, Grantee shall 1537 follow the contamination noticing procedures and contaminated 1538 Container handling protocols set forth in Sections 6.D(1)(c) and 1539 6.D(1)(d).
1540
1541 The next day on which that Customer is to receive service, the 1542 Grantee’s Hauler Route personnel shall dismount the Collection 1543 vehicle, lift the lid of the Container, and visually inspect the contents 1544 of the Container. If the Grantee’s Hauler Route personnel determines 1545 that the Container again contains Prohibited Container Contaminants, 1546 Grantee shall follow the contamination noticing procedures and City of Willits Franchise Agreement
37 1547 contaminated Container handling protocols set forth in Sections 1548 6.D(1)(c) and 6.D(1)(d).
1549
1550 c) Actions upon Identification of Prohibited Container Contaminants. 1551 i. Record Keeping. The driver or other Grantee representative shall 1552 record each event of identification of Prohibited Container 1553 Contaminants in a written log or in the on-board computer system 1554 including date, time, Customer’s address, type of Container (Blue, 1555 Green, or Gray Container); and maintain photographic evidence, if 1556 possible. Grantee shall submit this record to the Grantee’s Customer 1557 service department, and Grantee’s Customer service department shall 1558 update the Customer’s account record to note the event, if the 1559 documentation if the on-board computer system did not automatically 1560 update the Customer’s account record.
1561
1562 ii. Identification of Excluded Waste. If Grantee’s personnel observe 1563 Excluded Waste in an uncollected Container, the Grantee’s personnel 1564 shall issue a non-Collection notice for this Container in accordance 1565 with Section 6.D(1)(c)v. and shall not Collect the Discarded Materials 1566 that contain Excluded Waste. Grantee’s personnel shall record that 1567 observation in accordance with Section 6.D(1)(c)i. and immediately 1568 inform their route supervisor. Grantee shall follow protocols specified 1569 in Sections 6.D(1)(c)v. and 6.D(1)(c)vi. The route supervisor shall 1570 investigate and initiate applicable action within one (1) Business Day 1571 or sooner if the Hazardous Waste may cause immediate danger. 1572
1573 iii. Courtesy Pick-Up Notices. Upon identification of Prohibited 1574 Container Contaminants in a Customer’s Container, Grantee shall 1575 provide the Customer a courtesy pick-up notice. The courtesy pick-up 1576 notification shall: (i) inform the Customer of the observed presence of 1577 Prohibited Container Contaminants; (ii) include the date and time the 1578 Prohibited Container Contaminants were observed; (iii) include 1579 information on the Customer’s requirement to properly separate 1580 materials into the appropriate Containers, and the accepted and 1581 prohibited materials for Collection in the Blue Container, Green 1582 Container, and/or Gray Container; (iv) inform the Customer of the 1583 courtesy pick-up of the contaminated materials on this occasion with 1584 information that following one (1) instance Grantee may assess 1585 contamination Processing fees or issue a non-Collection notice; and, 1586 (v) may include photographic evidence. Grantee shall leave the 1587 courtesy pick-up notice attached to or adhered to the Generators’ 1588 contaminated Containers; at the Premises’ door or gate; or, subject to 1589 Grantee’s approval, may deliver the notice by mail, e-mail, text 1590 message, or other electronic message.

City of Willits Franchise Agreement
38 1591
1592 Grantee shall Collect the contaminated Source Separated Recyclable 1593 Materials or SSGCOW and Transport the material to the appropriate 1594 Facility for Processing; or, Grantee may Collect the contaminated 1595 materials with Gray Container Waste and Transport the contaminated 1596 materials to the appropriate Facility for Disposal/ Processing. 1597
1598 iv. Notice of Assessment of Contamination Processing Fees. If the 1599 Grantee observes Prohibited Container Contaminants in a Generator’s 1600 Container on more than one (1) occasion and issued a courtesy pick-up 1601 notice on that occasion, the Grantee may impose a contamination 1602 Processing fee in accordance with the Rate schedule in effect at the 1603 time. Grantee shall notify City in its quarterly report of Customers for 1604 which contamination Processing fees were assessed. Grantee shall 1605 leave a contamination Processing fee notice attached to or adhered to 1606 the Generators’ contaminated Containers; at the Premises’ door or 1607 gate; or, subject to City’s approval, may deliver the notice by mail, e1608 mail, text message, or other electronic message. The contamination 1609 Processing fee notice shall describe the specific material(s) of issue, 1610 explain how to correct future set outs, and indicate that the Customer 1611 will be charged a contamination Processing fee on its next bill. The 1612 format of the contamination Processing fee notice shall be approved by 1613 the Director.
1614
1615 Grantee shall Collect the contaminated Source Separated Recyclable 1616 Materials or SSGCOW and Transport the material to the appropriate 1617 Facility for Processing.
1618
1619 v. Non-Collection Notices. Upon identification of Prohibited Container 1620 Contaminants in a Container in excess of standards agreed upon by the 1621 Parties or Excluded Waste, Grantee shall provide a non-Collection 1622 notice to the Generator. The non-Collection notice shall, at a 1623 minimum: (i) inform the Customer of the reason(s) for non-Collection; 1624 (ii) include the date and time the notice was left or issued; (iii) 1625 describe the fee to Customer for Grantee to return and Collect the 1626 Container after Customer removes the Contamination; and, (iv) 1627 provide a warning statement that a contamination Processing fee may 1628 be assessed if Prohibited Container Contaminants are observed on 1629 more than one (1) occasion. The non-Collection notice may include 1630 photographic evidence of the violation(s).
1631
1632 The Grantee’s notice of non-Collection may be left attached to or 1633 adhered to the Generator’s Container, or at the Premises’ door or gate 1634 at the time the violation occurs, or subject to City’s approval, may be City of Willits Franchise Agreement
39 1635 delivered by mail, e-mail, text message, or other electronic message. 1636
1637 Grantee shall submit a sample of its non-Collection notice to the 1638 Director for approval prior to implementing use of it with Customers. 1639
1640 vi. Communications with Customer. Whenever a Container at the 1641 Premises of a Commercial or a Multi-Family Customer is not 1642 Collected, Grantee shall contact the Customer on the scheduled 1643 Collection day or within eight (8) hours of the scheduled Collection 1644 day by telephone, email, text message, or other verbal or electronic 1645 message to explain why the Container was not Collected. Whenever a 1646 Container is not Collected because of Prohibited Container 1647 Contaminants, a Customer service representative shall contact the 1648 Customer to discuss and encourage the Customer to adopt proper 1649 Discarded Materials preparation and separation procedures. 1650
1651 vii. Grantee Return for Collection. Upon request from Customer, 1652 Grantee shall Collect Containers that received non-Collection notices 1653 within one (1) Working Day of Customer’s request if the request is 1654 made at least two (2) Working Days prior to the regularly scheduled 1655 Collection Day. Grantee shall bill Customer for the extra Collection 1656 service event (“extra pick-up”) at the applicable City-approved Rates 1657 only if Grantee notifies Customer of the Rate for this service at the 1658 time the request is made by Customer.
1659
1660 d) Disposal of Contaminated Materials. If the Grantee observes Prohibited 1661 Container Contaminants in a Generator’s Container(s), Grantee may Dispose 1662 of the Container’s contents, provided Grantee complies with the noticing 1663 requirements in Section 6.D(1)(c) above.
1664
1665 (2) Contamination Monitoring - Hauler Route Review 1666 a) Methodology and Frequency. Grantee shall, at its sole expense, conduct 1667 Hauler Route reviews for Prohibited Container Contaminants in Collection 1668 Containers in a manner that is deemed safe by Grantee; is approved by City; 1669 and, is conducted in a manner that results in all applicable Hauler Routes 1670 being reviewed annually.
1671
1672 The Grantee shall conduct Hauler Route reviews that include inspection of the 1673 contents of Customers’ Collection Containers for Prohibited Container 1674 Contaminants in a manner such that a minimum of 10 percent (10%) of 1675 Containers on each and every applicable Hauler Route are inspected annually. 1676 The Containers shall be randomly selected.
1677
1678 Grantee shall develop a Hauler Route review methodology to accomplish the City of Willits Franchise Agreement
40 1679 above Container inspection requirements and such methodology shall comply 1680 with the requirements of 14 CCR Section 18984.5(b). Grantee shall submit its 1681 proposed Hauler Route review methodology for the coming year to the City 1682 no later than January 15 of each year describing its proposed methodology for 1683 the calendar year and schedule for performance of each Hauler Route’s annual 1684 review. City and/or CalRecycle will review and approve the proposed 1685 methodology. Grantee may commence with the proposed methodology upon 1686 approval.
1687
1688 If the City and/or CalRecycle notifies the Grantee that the methodology is 1689 inadequate to meet the requirements of 14 CCR Section 18984.5(b), Grantee 1690 shall, at its sole expense, revise the methodology and, after obtaining City or 1691 CalRecycle approval, conduct additional Hauler Route reviews, increased 1692 Container inspections, or implement other changes using the revised 1693 procedure. If the Grantee’s proposed methodology meets the requirements of 1694 14 CCR Section 18984.5(b), but has been deemed inadequate by City, the 1695 Grantee shall, at the expense of the City, revise the methodology and 1696 implement the necessary changes using the revised procedure. 1697
1698 The Director may request, and Grantee shall accept, modifications to the 1699 schedule to permit observation of the Hauler Route reviews by City. In 1700 addition, Grantee shall provide an email notice to the Director no less than ten 1701 (10) Working Days prior to each scheduled Hauler Route review that includes 1702 the specific time(s), which shall be within the City’s normal business hours, 1703 and location(s).
1704
1705 b) Notices by Jurisdiction or Its Designee. Upon finding Prohibited Container 1706 Contaminants in a Container, Grantee shall notify the Generator by attaching 1707 or adhering a notice, courtesy pick-up notice, notice of assessment of a 1708 contamination Processing fee, and/or non-Collection notice to the Generator’s 1709 Container(s), gate, or door; or, by mailing the notice to the Generator; or, 1710 subject to City’s approval, may deliver the notice by e-mail, text message, or 1711 other electronic message.
1712
1713 c) Reporting Requirements. Grantee shall maintain records and report to City 1714 on contamination monitoring activities and actions taken, in accordance with 1715 Exhibit G.
1716
1717 E. Containers - Refusal to Pick Up.
1718 Grantee shall notify the Department whenever the Grantee has refused to pick up a 1719 Container because the Container contains dangerous and prohibited material Grantee shall 1720 notify the Department when any violation of the City Solid Waste Ordinance is observed. 1721
City of Willits Franchise Agreement
41 1722 F. Containers - Noticing Violators
1723
1724 In addition to any requirements specifically applicable to areas subject to SB 1383 1725 Organic Waste Collection Requirements, whenever Grantee gives or intends to give a Customer 1726 violation report to the Department, Grantee shall place a notice on the Container or otherwise 1727 give the Owner or Occupant notice of the substance of his/her report to the Department. 1728 Whenever an authorized representative of the City observes a violation of the City Solid Waste 1729 Ordinance or other applicable laws or regulations, that person shall place a notice on the 1730 Container or otherwise give the Owner or Occupant notice of the illegal condition. 1731
1732 G. Food Recovery Program Support
1733
1734 (1) Grantee shall cooperate with and shall not impede, interfere, or attempt to impede or 1735 interfere with the implementation, expansion, or operation of Food Recovery efforts 1736 in City.
1737
1738 (2) Grantee shall create and provide educational outreach material for Tier One and Tier 1739 Two Commercial Edible Food Generators in accordance with Section 6.B(5)(i). 1740
1741 H. Generator Waiver Program Coordination
1742
1743 (1) Types of Generator Waivers
1744
1745 a) General. City may grant waivers described in this Section to Generators that 1746 impact the scope of Grantee’s provision of service for those Customers. 1747 Waivers issued shall be subject to compliance with SB 1383 Regulatory 1748 requirements, pursuant to 14 CCR Section 18984.11, or other requirements 1749 specified by City.
1750
1751 b) De Minimis Waivers. City may waive a Multi-Family’s, Commercial 1752 Business’, or its Property Owner’s obligation to comply with some or all of 1753 the Source Separated Recyclable Materials and SSGCOW requirements set 1754 forth in this Agreement and SB 1383 Regulations if the Multi-Family, 1755 Commercial Business, or its Property Owner provides documentation, or the 1756 City has evidence demonstrating one of the following de minimis conditions:
1757 i. The Multi-Family’s or Commercial Business’ total Solid Waste 1758 Collection service is two (2) cubic yards or more per week, and 1759 SSGCOW or SSBCOW subject to Collection in a Blue Container or 1760 Green Container comprises less than twenty (20) gallons per week, per 1761 applicable Container, of the Multi-Family’s or Commercial Business’ 1762 total waste; or,
1763
1764 ii. The Multi-Family’s or Commercial Business’ total Solid Waste 1765 Collection service is less than two (2) cubic yards per week, and City of Willits Franchise Agreement
42 1766 SSGCOW or SSBCOW subject to Collection in a Blue Container or 1767 Green Container comprises less than ten (10) gallons per week, per 1768 applicable Container, of the Multi-Family’s or Commercial Business’ 1769 total waste.
1770
1771 c) Physical Space Waivers. City may waive a Multi-Family’s, Commercial 1772 Business’, or its Property Owner’s obligation to comply with some or all of 1773 the Source Separated Recyclable Materials or SSGCOW Collection service 1774 requirements set forth in this Agreement and SB 1383 Regulations if the 1775 Multi-Family, Commercial Business, or its Property Owner provides 1776 documentation, or City has evidence from its staff, Grantee, licensed architect, 1777 or licensed engineer demonstrating that the Premises lacks adequate space for 1778 Blue Containers and/or Green Containers.
1779
1780 d) Collection Frequency Waivers. City may allow Grantee to provide 1781 Collection of Blue Containers, Gray Containers, or both once every fourteen 1782 (14) days or once every month, rather than once per week, for Customers that 1783 have been granted a Collection frequency waiver from City. 1784
1785 (2) Grantee Waiver Request on Behalf of Generator
1786
1787 Upon reasonable belief that a Generator may qualify for a de minimis, physical space, 1788 or Collection frequency waiver, Grantee may submit a request to City to grant a 1789 waiver to the Generator, provided that adequate evidence of the de minimis, physical 1790 space, or Collection frequency waiver requirements specified in 14 CCR Section 1791 18984.11 is included with the request. City shall review and approve or deny the 1792 waiver request. Grantee’s request for consideration of a waiver shall include the 1793 Generator’s name and address, type of Commercial Business or number of Multi1794 Family units if Customer is a Multi-Family premises, reasons Generator may be 1795 eligible for the waiver, and evidence such as, but not limited to: Service Level data, 1796 photo documentation, weight records, and technical assistance assessment results. 1797
1798 (3) Grantee Review of Generator Waiver Requests
1799
1800 Generators may submit requests for de minimis waivers, physical space waivers, and 1801 Collection frequency waivers to Grantee. Grantee shall within ten (10) days of 1802 submittal review the Generator’s waiver application and inspect the Generator’s 1803 Premises to verify the accuracy of the application. Grantee shall provide 1804 documentation of the inspection, including Grantee’s recommendation to approve or 1805 deny the waiver request, and send this information to City within thirty (30) days of 1806 receipt of the Generator’s waiver application for City’s review and approval. City 1807 ultimately retains the right to approve or deny any application, regardless of the 1808 Grantee’s recommendation. Grantee shall report information regarding waivers 1809 reviewed on a quarterly basis, in accordance with Exhibit G.

City of Willits Franchise Agreement
43 1810
1811 (4) Grantee Change in Customers’ Service Levels
1812
1813 When City grants a waiver to a Generator, City shall notify Grantee within ten (10) 1814 days of the waiver approval with information on the Customer and any changes to the 1815 Service Level or Collection service requirements for the Customer. Grantee shall 1816 have thirty (30) days to modify the Customer’s Service Level and billing statement, 1817 as needed.
1818
1819 (5) Waiver Reverification
1820
1821 It shall be the responsibility of Grantee to verify that the Generators with de minimis 1822 or physical space constraint waivers continue to meet the waiver requirements set 1823 forth in this Section. Grantee shall conduct such reverifications of waivers through 1824 inspection of each Generator’s Premises and review of applicable records at least 1825 once every five (5) years for de minimis and physical space constraint waivers. 1826 Grantee shall maintain a record of each waiver verification and provide a quarterly 1827 report to City documenting the waiver reverifications performed and 1828 recommendations to City on those waivers that Grantee concludes are no longer 1829 warranted. City shall make a final determination of the waiver eligibility of 1830 Generators.
1831
1832 (6) Grantee Recordkeeping of Generators Granted Waivers 1833
1834 Upon Grantee request, no more the one (1) time per year, City shall provide Grantee 1835 an updated listing of waivers approved by City, including the Generators’ names, 1836 mailing address, service address, and type of waiver. Grantee shall maintain waiver1837 related records and report on waiver verifications pursuant to Exhibit G. 1838
1839 I. Service Waiver Program Coordination
1840
1841 (1) Processing Facility Temporary Equipment or Operational Failure Waiver. 1842 a) Notification to the City. Grantee, or their Subcontractor (such as a 1843 Facility operator), shall notify City of any unforeseen operational 1844 restrictions that have been imposed upon a Designated or Approved 1845 Facility by a regulatory agency or any unforeseen equipment or 1846 operational failure that will temporarily prevent a Designated or Approved 1847 Facility from Processing and recovering Source Separated Recyclable 1848 Materials or SSGCOW. The Grantee or Subcontractor shall notify City as 1849 soon as possible and no later than twenty-four (24) hours from the time of 1850 the incident. The notification shall include the following: (i) name of 1851 Designated or Approved Facility; (ii) the Recycling and Disposal 1852 Reporting System Number of the Designated or Approved Facility; (iii) 1853 date the Designated or Approved Facility became unable to Process City of Willits Franchise Agreement
44 1854 Source Separated Recyclable Materials or SSGCOW; (iv) description of 1855 the operational restrictions that have been imposed upon the Designated or 1856 Approved Facility by a regulatory agency or unforeseen equipment failure 1857 or operational restriction that occurred; (v) the period of time the 1858 Contractor anticipates the temporary inability of the Designated or 1859 Approved Facility to Process Source Separated Recyclable Materials, or 1860 SSGCOW; (vi) Grantee’s proposed action plan to deliver materials to an 1861 Alternative Facility for Processing (refer to Exhibit C) or Grantee’s 1862 request for waiver to deliver Source Separated Recyclable Materials or 1863 SSGCOW to the Designated or Approved Disposal Facility. 1864
1865 b) Use of Alternative Facility or Waiver for Disposal of Materials. Upon 1866 notification by Grantee or Subcontractor of a Designated or Approved 1867 Facility’s inability to Process materials, City shall evaluate the notification 1868 and determine if City shall require Grantee to use an Alternative Facility 1869 or allow Grantee to Transport the Source Separated Recyclable Materials, 1870 SSGCOW, or Mixed Waste to the Designated or Approved Disposal 1871 Facility for Disposal on a temporary basis for a time period specified by 1872 City. Upon City’s decision, City shall notify Grantee of its requirement to 1873 use an Alternative Facility for Processing or to use the Designated or 1874 Approved Disposal Facility for Disposal, and the period of time that City 1875 will allow the Source Separated Recyclable Materials and SSGCOW to be 1876 redirected to the Alternative Facility or Designated or Approved Disposal 1877 Facility. Pursuant to 14 CCR Section 18984.13, the approved Disposal 1878 period shall not exceed ninety (90) days from the date the Designated or 1879 Approved Facility’s Processing restriction or failure commenced. In such 1880 case, Grantee must receive permission from City prior to depositing any 1881 Discarded Material in a Landfill.
1882
1883 c) Record Keeping and Reporting. Grantee shall maintain a record of any 1884 Facility incidents and report this information to City in accordance with 1885 Exhibit G.
1886
1887 (2) Disaster Waivers. In the event of a disaster, City may grant Grantee a waiver of 1888 some or all Discarded Materials Collection requirements under this Agreement 1889 and 14 CCR, Division 7, Chapter 12, Article 3 in the disaster-affected areas for 1890 the duration of the waiver, provided that such waiver has been approved by 1891 CalRecycle. Any resulting changes in Collection requirements shall be addressed 1892 in accordance with Section 15 of this Agreement.
1893
1894 (3) Quarantined Waste. If approved by City, Grantee may Dispose of specific types 1895 of SSGCOW that are subject to quarantine and meet the requirements described in 1896 14 CCR Section 18984.13(d) for a period of time specified by City or until City 1897 provides notice that the quarantine has been removed and directs Grantee to City of Willits Franchise Agreement
45 1898 Transport the SSGCOW to the Designated or Approved Facility(ies) for such 1899 material. In accordance with Exhibit G, Grantee shall maintain records and 1900 submit reports regarding compliance agreements for quarantined SSGCOW that 1901 are Disposed of pursuant to this subsection.
1902
1903 J. Inspection and Enforcement
1904
1905 (1) Annual Compliance Reviews
1906 a) General. Grantee shall perform compliance reviews described in this 1907 Section commencing July 1, 2024, and at least annually thereafter, unless 1908 otherwise noted.
1909
1910 b) Commercial Generator Compliance Reviews. Grantee shall complete a 1911 compliance review of all Multi-Family and Commercial Customers that 1912 generate two (2) cubic yards or more per week of Solid Waste, including 1913 Organic Waste, to determine their compliance with: (i) Generator 1914 requirements under the City’s Discarded Materials Collection program; 1915 and, (ii) if applicable for the Generator, Self-Hauling requirements 1916 pursuant to 14 CCR Section 18988.3, including whether a Multi-Family or 1917 Commercial Business is complying through back-hauling SSGCOW 1918 and/or Source Separated Recyclable Materials and/or SSBCOW. The 1919 compliance review shall mean a “desk” review of records to determine 1920 Customers’ compliance with the above requirements and does not 1921 necessarily require on-site observation of service; however, the City may 1922 request that Grantee perform an on-site observation of service in addition 1923 to or in lieu of the desk review if needed to obtain the required 1924 information.
1925
1926 c) Annual Hauler Route Review. Beginning October 1, 2023, and annually 1927 thereafter, Grantee shall conduct annual Hauler Route reviews of 1928 Commercial, Multi-Family, and Single-Family Generators for compliance 1929 with the City’s Discarded Materials Collection program and Container 1930 contamination monitoring. These Hauler Route reviews may be performed 1931 concurrently with the contamination monitoring Hauler Route reviews, 1932 provided that Grantee documents a reasonable sampling of Generators for 1933 which compliance with the City’s Discarded Materials Collection program 1934 during the Hauler Route review was assessed.
1935
1936 d) Generator Waiver Inspections. In accordance with Section 6.H, Grantee 1937 shall verify Multi-Family and Commercial Generator de minimis and 1938 physical space constraint waivers, if applicable, at least once every five (5) 1939 years from the date of issuance of the waiver and verify Collection 1940 frequency waivers at least once every five (5) years from the date of 1941 issuance of the waiver.

City of Willits Franchise Agreement
46 1942
1943 (2) Compliance Review Process
1944 a) Number of Reviews. Grantee shall conduct a sufficient number of 1945 compliance reviews, Hauler Route reviews, and inspections of Generators, 1946 to adequately determine the Generators’ overall compliance with SB 1383 1947 Regulations, AB 1826, AB 341, and City Code. The number of reviews 1948 shall be no less than once per year. City reserves the right to require 1949 additional inspections, if City determines that the amount of inspections 1950 conducted by Grantee is insufficient. City may require Grantee to 1951 prioritize inspections of entities that City determines are more likely to be 1952 out of compliance.
1953
1954 b) Non-Compliant Entities. Through December 31, 2024, when compliance 1955 reviews are performed by Grantee, Grantee shall provide educational 1956 materials in response to violations. Grantee shall provide these educational 1957 materials to the non-compliant Customers and Generators within fourteen 1958 (14) days of determination of non-compliance or immediately upon 1959 determination of non-compliance if such non-compliance is determined 1960 during an inspection or Hauler Route review. Grantee shall document the 1961 non-compliant Customers and Generators and the date and type of 1962 education materials provided, and shall report such information to City in 1963 accordance with Exhibit G. Beginning January 1, 2024, Grantee shall, in 1964 addition to providing the education materials described in this subsection, 1965 document non-compliant Customers and Generators determined through 1966 Grantee’s compliance reviews and shall report all Customers and 1967 Generators with violations of SB 1383 Regulations, as well as those 1968 Generators not in compliance with AB 1826 or AB 341, to City in 1969 accordance with Exhibit G. City shall be responsible for subsequent 1970 enforcement action against the Generators.
1971
1972 c) Documentation of Inspection Actions. Grantee shall generate a written 1973 and/or electronic record and maintain documentation for each inspection, 1974 Hauler Route review, and compliance review conducted, including the 1975 information described in Exhibit G.
1976
1977 K. Service Complaints
1978
1979 (1) Documentation of Complaints
1980 a) General. Grantee agrees to maintain a computer database log of all oral 1981 and written complaints received by Grantee from Customers or other 1982 Persons. Grantee shall be responsible for the prompt and courteous 1983 attention to, and prompt and reasonable resolution of, all Customer 1984 complaints. Grantee agrees to document and maintain for a period of at 1985 least five (5) years on a form or log all Complaints registered by City of Willits Franchise Agreement
47 1986 Customers and Persons, in accordance with this Section and Exhibit G. 1987 Grantee shall record complaints received related to SB 1383 Regulatory 1988 non-compliance in its log in a manner further described in subsection b 1989 below.
1990
1991 b) SB 1383 Regulatory Non-Compliance Complaints. For complaints 1992 received in which the Person alleges that an entity is in violation of SB 1993 1383 Regulations, Grantee shall document the information listed in 1994 Exhibit G. Grantee shall provide this information in a brief complaint 1995 report to City for each SB 1383 Regulatory non-compliance complaint 1996 within fourteen (14) days of receipt of such complaint, and a quarterly 1997 summary report of SB 1383 Regulatory non-compliance complaints in 1998 accordance with Exhibit G.
1999
2000 (2) Investigation of SB 1383 Regulatory Non-Compliance Complaints 2001 a) Investigation. Grantee shall commence an investigation, within ninety 2002 (90) days of receiving a complaint in the following circumstances: (i) 2003 upon Grantee receipt of a complaint that an entity may not be compliant 2004 with SB 1383 Regulations and if City determines that the allegations 2005 against the entity, if true, would constitute a violation of SB 1383 2006 Regulations; and, (ii) upon City request to investigate a complaint 2007 received City, in which City determines that the allegations against the 2008 entity, if true, would constitute a violation of SB 1383 Regulations. 2009 Grantee is required to investigate complaints against Customers and 2010 Generators, but not against Food Recovery Organizations, Food Recovery 2011 Services, and other entities regulated by SB 1383 Regulations. 2012
2013 Grantee shall investigate the complaint using one or more of the methods:
2014
2015 i. Reviewing the Service Level of the entity that may not be 2016 compliant with SB 1383 Regulations.
2017 ii. Reviewing the waiver list to determine if the entity has a valid de 2018 minimis, physical space constraint, or Collection frequency waiver. 2019 iii. Reviewing the Self-Haul registration list, if applicable, to 2020 determine if the entity has registered and reviewing the entity’s 2021 reported Self-Haul information.
2022 iv. Inspecting Premises of the entity identified by the complainant, if 2023 warranted; or,
2024 v. Contacting the entity to gather more information, if warranted. 2025
2026 b) Reporting. Within fourteen (14) days of completing an investigation of an 2027 SB 1383 Regulatory non-compliance complaint, Grantee shall submit an 2028 investigation complaint report that documents the investigation performed 2029 and recommends to City on whether or not the entity investigated is in City of Willits Franchise Agreement
48 2030 violation of SB 1383 Regulations based on the Grantee’s investigation. 2031 City shall make a final determination of the allegations against the entity. 2032
2033 SECTION 7 – STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, 2034 AND PERSONNEL
2035
2036 A. Manner of Collection
2037
2038 All Collection equipment shall be designed and operated such that no Solid Waste, 2039 Recyclable Material, or Organic Waste is allowed to blow or drop from vehicles during 2040 Transport. The adequacy of load covers, or control measures shall be determined by the 2041 Department. All Collections shall be made as quietly as possible, and the use of any 2042 unnecessarily noisy trucks or equipment is declared unlawful. 2043
2044 B. Vehicles and Equipment - Standards
2045
2046 (1) General. All Collections shall be made with a vehicle and equipment of design 2047 approved by the Department according to industry standards. Grantee shall 2048 maintain all of its properties, facilities, and equipment used in providing service 2049 under this Agreement in a safe, neat, clean, and operable condition at all times. 2050
2051 (2) Cleaning. Collection vehicles shall be thoroughly washed and thoroughly steam 2052 cleaned as necessary, to present a clean appearance of the exterior and interior 2053 compartment of the vehicle.
2054
2055 (3) Maintenance. Grantee shall inspect each vehicle daily to ensure that all 2056 equipment is operating properly. Vehicles that are not operating properly shall be 2057 taken out of service until they are repaired and operate properly. Grantee shall 2058 perform all scheduled maintenance functions in accordance with the 2059 manufacturer's specifications and schedule or in accordance with California 2060 Highway Patrol standards, whichever are more stringent. All vehicles shall be 2061 painted in a uniform manner that does not create a resemblance between 2062 Grantee’s vehicles and City utility vehicles. Grantee shall keep accurate records 2063 of all vehicle maintenance, recorded according to vehicle, date, and mileage, and 2064 shall make such records available to the City upon request to the extent necessary 2065 to perform the inspections described in Section 7.D. 2066
2067 (4) Repairs. Grantee shall repair, or arrange for the repair of, all of its vehicles and 2068 equipment for which repairs are needed because of accident, breakdown, or any 2069 other cause so as to maintain all equipment in a safe and operable condition. 2070 Grantee shall maintain accurate records of repair, which shall include the 2071 date/mileage, nature of repair and the signature of a maintenance supervisor that 2072 the repair has been properly performed.
2073
City of Willits Franchise Agreement
49 2074 C. Vehicles - Identification
2075
2076 The Grantee shall have printed or stenciled in a prominent place on the exterior of each 2077 vehicle used in the Collection of Solid Waste and Recyclable Materials the following 2078 information in at least four-inch letters: 1) Truck number; 2) Grantee’s name; and, 3) Grantee’s 2079 telephone number.
2080
2081 D. Vehicles and Equipment - Inspection
2082
2083 All vehicles and equipment of Grantee shall be available for inspection at Grantee's place 2084 of business or another location within the Franchise Area as designated by the City, on an annual 2085 basis. Vehicles and equipment shall conform to the requirements of the California Vehicle Code, 2086 this Agreement, and rules or regulations of the City. The City shall give Grantee twenty-four 2087 (24) hours verbal notification of inspection.
2088
2089 E. Vehicles - Shovel, Broom and Fire Extinguisher Required 2090
2091 The Grantee shall equip each Collection vehicle with a shovel, broom, and fire 2092 extinguisher of a type approved by the Department. 2093
2094 F. Container Requirements
2095
2096 (1) General. Grantee shall provide all Carts, Bins, and Debris Boxes to all 2097 Customers as part of its services. Grantee-provided Containers shall be designed 2098 and constructed to be watertight and prevent the leakage of liquids. All 2099 Containers with a capacity of one cubic yard or more shall meet applicable 2100 federal, state, and local regulations for Bin safety and be covered with attached 2101 lids. Grantee shall obtain City’s written approval of Cart colors before 2102 acquisition. All Containers, except Carts, shall be painted the Grantee's standard 2103 color.
2104
2105 (2) Cleaning, Painting, and Maintenance. All Containers shall be maintained in a 2106 safe, serviceable, and functional condition. Grantee shall steam clean and repaint 2107 all Containers, except Carts, at least every two years, or more frequently, to 2108 present a clean appearance. Customers using Carts shall be responsible for 2109 cleaning such Carts. If any Cart is impacted by graffiti, Grantee shall replace the 2110 cart within 72 hours. If any Containers, except Carts, are impacted by graffiti, 2111 Grantee shall either replace the Container with a Container which is free of 2112 graffiti or repaint the entire Container with the Grantee’s standard color for such 2113 Container within 30 days. Repainting of the Container shall restore the 2114 Container’s aesthetic values to its condition before it sustained the graffiti 2115 damage.
2116
2117 (3) Repair and Replacement. Grantee shall repair and, if the repair must be City of Willits Franchise Agreement
50 2118 performed off of the Premises, replace all Containers damaged by Collection 2119 operations within a one-week period. If the repair or replacement cannot be 2120 completed within one week, the Grantee shall notify the Customer and a 2121 Container of the same size or larger shall be made available until the proper 2122 Container can be replaced.
2123
2124 At no additional cost, Grantee shall replace Customer Carts that have been stolen 2125 or damaged once per year. Grantee shall allow Customer to exchange Containers 2126 for a Container of a different size at no additional cost once per year. Grantee 2127 shall charge Customers for additional Cart replacements at City-approved Rates. 2128
2129 (4) SB 1383 Compliant Containers
2130
2131 In areas that have not received a waiver pursuant to 14 CCR Section 18984.12(a), 2132 the following Container requirements shall additionally apply:
2133
2134 a) General. Grantee shall use the Grantee-provided Collection Containers 2135 that are currently located at Customers’ Premises or provide Customers 2136 with Collection Containers from Grantee’s current inventory. 2137
2138 No later than January 1, 2024, Grantee shall provide all Customers with 2139 Collection Containers that comply with the Container color requirements 2140 specified in this Section or as otherwise specified in 14 CCR Section 2141 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable 2142 Law. If an existing Container breaks or is otherwise rendered non2143 functional on or after January 1, 2024, Grantee shall replace the non2144 functional Container with a Container that complies with the color 2145 requirements of this Section. Notwithstanding this Section, Grantee is not 2146 required to replace functional Containers, including Containers purchased 2147 prior to January 1, 2023, that do not comply with the color requirements of 2148 this Section prior to the end of the useful life of those Containers, or prior 2149 to January 1, 2042, whichever comes first.
2150
2151 b) Blue Containers (Source Separated Recyclable Materials) 2152
2153 Option 1: Blue Containers with a lid that is blue in color. Hardware such 2154 as hinges and wheels on the Blue Containers may be a different color. 2155
2156 Option 2: Blue Containers with a body that is blue in color, and a lid that 2157 is blue, gray, or black in color. Hardware such as hinges and wheels on the 2158 Blue Containers may be a different color.
2159
2160 Option 3: Blue Containers with a lid and body that is blue in color. 2161 Hardware such as hinges and wheels on the Blue Containers may be a City of Willits Franchise Agreement
51 2162 different color.
2163
2164 c) Green Containers (SSGCOW)
2165
2166 Option 1: Green Containers with a lid that is green in color. Hardware 2167 such as hinges and wheels on the Green Containers may be a different 2168 color.
2169
2170 Option 2: Green Containers with a body that is green in color, and a lid 2171 that is green, gray, or black in color. Hardware such as hinges and wheels 2172 on the Green Containers may be a different color.
2173
2174 Option 3: Green Containers with a lid and body that are green in color. 2175 Hardware such as hinges and wheels on the Green Containers may be a 2176 different color.
2177
2178 d) Gray Containers (Gray Container Waste)
2179
2180 Option 1: Gray Containers with a lid that is gray or black in color. 2181 Hardware such as hinges and wheels on the Gray Container may be a 2182 different color.
2183
2184 Option 2: Gray Containers with a lid and body that are gray or black in 2185 color. Hardware such as hinges and wheels on the Gray Container may be 2186 a different color.
2187
2188 e) C&D Bins and Roll-Off Boxes
2189
2190 Bins and Roll-Off Boxes for Collection of C&D may be in any color, 2191 provided that the colors do not conflict with the Container color 2192 requirements of this Section and provided that the C&D Container colors 2193 are consistent for all C&D Containers. The C&D Container color shall be 2194 reviewed and approved by City.
2195
2196 f) Container Labeling Requirements
2197
2198 On or before January 1, 2023, Grantee shall do one of the following:
2199
2200 (i) Place a label on the body or lid of each Container that has been 2201 provided to a Customer that includes language or graphic images, 2202 or both, that indicate the primary materials accepted and the 2203 primary materials prohibited in that Container. Labels shall clearly 2204 indicate items that are Prohibited Container Contaminants for each 2205 Container.

City of Willits Franchise Agreement
52 2206
2207 (ii) Imprint the bodies or lids of Containers that have been provided to 2208 Customers with text or graphic images that indicate the primary 2209 materials accepted and the primary materials prohibited in that 2210 Container. Labels shall clearly indicate items that are Prohibited 2211 Container Contaminants for each Container.
2212
2213 (4) City Ownership of Containers at End of Term. Upon expiration or early 2214 termination of this Agreement, (providing said earlier termination is for cause and 2215 not by mutual consent or by reason of City's failure to perform) all Containers (for 2216 permanent Customers) acquired by or leased by Grantee and put into service at 2217 Customer's Premises shall be available to the City, at the City's option, at their fair 2218 market value.
2219
2220 At its sole discretion, the City may elect not to exercise its rights with regards to 2221 this Section and, in such case, the Containers shall remain the property of the 2222 Grantee upon the expiration date of this Agreement or date of earlier termination 2223 of this Agreement. In such case, Grantee shall be responsible for removing all 2224 Containers in service from Premises within thirty (30) days of the expiration or 2225 earlier termination of this Agreement and reusing or Recycling such Containers. 2226 Should Grantee not complete such removal within thirty (30) days, City shall 2227 have the right but no obligation to arrange for such Containers to be removed and 2228 delivered to Grantee, with Grantee obligated to pay City for all costs of removal. 2229 City may also seek any other remedies at law or in equity should Grantee fail to 2230 remove all Containers as required by this paragraph. This provision shall survive 2231 the expiration or earlier termination of this Agreement. 2232
2233 G. Personnel
2234
2235 (1) General. Grantee shall furnish such qualified drivers, mechanical, supervisory, 2236 Customer service, clerical and other personnel as may be necessary to provide the 2237 services required by this Agreement in a safe and efficient manner. 2238
2239 (2) Provision of Field Supervision. Grantee shall designate at least one qualified 2240 employee as supervisor of field operations. The field supervisor will devote time 2241 in the field checking on Collection operations, including responding to 2242 complaints.
2243
2244 (3) Driver Qualifications. All drivers shall be trained and qualified in the operation 2245 of Collection vehicles, and must have in effect a valid license, of the appropriate 2246 class, issued by the California Department of Motor Vehicles. Grantee shall use 2247 the Class II California Department of Motor Vehicles employer “Pull Notice 2248 Program” to monitor its drivers for safety.
2249
City of Willits Franchise Agreement
53 2250 (4) Customer Service Representative Training. Customer service representatives 2251 shall be trained on specific City service requirements upon hire and annually 2252 thereafter. A City information sheet shall be provided to each Customer service 2253 representative for easy reference of City requirements and general Customer 2254 needs. The information sheet, training agenda, and associated documentation 2255 shall be forwarded to the City.
2256
2257 (5) Safety Training. Grantee shall provide suitable operational and safety training 2258 for all of its employees who operate Collection vehicles or equipment or who are 2259 otherwise directly involved in such Collection, Disposal, or Processing. Grantee 2260 shall train its employees involved in Collection to identify, and not to collect, 2261 Hazardous Waste or infectious waste. Upon the City’s request, Grantee shall 2262 provide a copy of its safety policy and safety training program, the name of its 2263 safety officer, and the frequency of its trainings. 2264
2265 (6) No Gratuities. Grantee shall not permit its employees to accept, demand, or 2266 solicit, directly or indirectly, any additional compensation, or gratuity from 2267 members of the public for Collection services.
2268
2269 (7) Employee Conduct and Courtesy. Grantee shall use its best efforts to assure 2270 that all employees present a neat appearance and conduct themselves in a 2271 courteous manner. Grantee shall regularly train its employees in Customer 2272 courtesy, shall prohibit the use of loud or profane language, and shall instruct 2273 Collection employees to perform the work as quietly as possible. If any employee 2274 is found not to be courteous or not to be performing services in the manner 2275 required by this Agreement, Grantee shall take all appropriate corrective 2276 measures.
2277
2278 (8) Uniforms. While performing services under this Agreement, all of the Grantee’s 2279 employees performing field service shall be dressed in clean uniforms and shall 2280 wear badges that include the employee’s name and/or employee number, and 2281 Grantee’s name. No portion of this uniform may be removed while working. 2282
2283 SECTION 8 - PUBLIC ACCESS TO GRANTEE
2284
2285 A. Name and Office Hours
2286
2287 Grantee shall not use a firm name containing the words "City" or other words implying 2288 City ownership. The Grantee shall establish and maintain a Customer service office where 2289 service may be applied for, and complaints made. Grantee’s Customer service office shall be 2290 open to the public from 8:30 a.m. to 4:00 p.m. Monday through Friday. The office may be 2291 closed on Saturdays, Sundays, and Holidays. Such office shall be equipped with a listed toll-free 2292 telephone number to which calls from Grantee's Customers may be placed and shall have a 2293 responsible Person in charge or an answering machine in service during normal business hours.

City of Willits Franchise Agreement
54 2294
2295 B. Overcharge
2296
2297 All charges or fees for service by a Grantee shall be approved by the City, except a lower 2298 charge than approved by the City may be negotiated (to provide for consideration of the weight 2299 of the material collected and/or the distance from the operations yard or transfer station) for 2300 Industrial Solid Waste Service as provided in Section 14(B)6. Any Customer contending, they 2301 have been required to pay a charge not approved by the City or has in any manner been subject 2302 to an overcharge, may file a written complaint with the Department setting forth the facts of such 2303 alleged miss-charge, and the Department shall notify the Grantee of the complaint, shall 2304 investigate the matter of the complaint, and shall determine the appropriate charge. 2305
2306 SECTION 9 - SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS 2307
2308 A. Responsibility to Identify Hazardous Waste
2309
2310 Grantee shall keep current with the regulations regarding Hazardous Waste substances 2311 and identification of such substances and to comply with all federal, state, and local regulations 2312 concerning such substances. Grantee shall make every reasonable effort to prohibit the 2313 Collection and the Disposal of Hazardous Waste in any manner inconsistent with Applicable 2314 Law.
2315
2316 Grantee shall conduct a visual inspection of all Solid Waste and Recyclable Materials 2317 that it Collects, Transports, Disposes, or Processes pursuant to this Agreement for the purpose of 2318 discovering, identifying, and refusing to Collect, Transport, Dispose, and/or Process Hazardous 2319 Wastes or materials.
2320
2321 B. Response to Hazardous Waste Identified at Disposal Site or Processing Site 2322
2323 If materials Collected by Grantee are delivered to a facility owned or operated by Grantee 2324 or an Affiliate of Grantee, for purposes of transfer, Processing, or Disposal, load checkers and 2325 equipment operators at such facility shall conduct inspections in areas where Collection vehicles 2326 unload Solid Waste and Recyclable Materials to identify Hazardous Wastes. Facility personnel 2327 shall remove these materials for storage in approved, on-site, hazardous materials storage 2328 Container(s). Grantee shall make reasonable efforts to identify and notify the Generator. 2329 Grantee shall arrange for removal of the Hazardous Wastes by permitted haulers in accordance 2330 with Applicable Laws and regulatory requirements.
2331
2332 If unacceptable material is delivered to the Designated Disposal Location or Processing 2333 Sites by Grantee before its presence is detected, and the Generator cannot be identified or fails to 2334 remove the material after being requested to do so, the Grantee shall arrange for its proper 2335 Disposal. The Grantee shall make a good faith effort to recover the cost of Disposal from the 2336 Generator, and the cost of this effort, as well as the cost of Disposal shall be charged to the 2337 Generator.

City of Willits Franchise Agreement
55 2338
2339 C. Notification for Hazardous Waste
2340
2341 Grantee shall, if required based on reportable levels, notify all agencies with jurisdiction, 2342 including the California Department of Toxic Substances Control, and, if appropriate, the 2343 National Response Center, of reportable quantities of Hazardous Waste, found or observed by 2344 Grantee in Solid Waste and/or Recyclable Materials anywhere within the City, including on, in, 2345 under or about City property, including streets, easements, rights of way and City waste 2346 containers. In addition to other required notifications, if Grantee observes any substances which 2347 it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully 2348 disposed of or released on City property, including streets, storm drains, or public rights of way, 2349 Grantee also will notify the Department or his/her designated City employee. 2350
2351 D. Rights Reserved as to Hazardous Wastes.
2352
2353 The City reserves the right to contract with other parties to have household Hazardous 2354 Wastes Collected, Transported, Disposed of, Processed and/or diverted. 2355
2356
2357 SECTION 10 - DISPOSAL AND PROCESSING
2358
2359 A. Solid Waste Disposal
2360
2361 Grantee shall Transport and Dispose of all Solid Waste Collected in the Franchise Area at 2362 the Designated and/or Approved Disposal Facilities as specified in Exhibit C of this Agreement. 2363 Grantee shall pay all costs for the Transport, Transfer, Processing, and/or Disposal of Discarded 2364 Materials Collected in accordance with this Agreement. Grantee’s compensation for such 2365 services is included in the Rates charged to Customers. If Grantee Transports Discarded 2366 Materials to a Facility other than the Designated or Approved Facility(ies) or an Alternative 2367 Facility without prior City approval, Grantee’s failure to comply may result in assessment of 2368 Liquidated Damages pursuant to Section 19.E and Exhibit F. 2369
2370 B. Recyclable Materials Processing and Marketing
2371
2372 (1) Processing. Grantee shall Transport and deliver all Recyclable Materials 2373 collected in the Franchise Area to the Designated and/or Approved Source 2374 Separated Recyclable Materials Processing Facility . Grantee shall pay all costs 2375 associated with the Transporting and Processing of all Recyclable Materials. 2376
2377 Grantee shall maintain accurate records of the quantities of Recyclable Materials 2378 Collected, Transported, and Processed at the Designated and/or Approved Source 2379 Separated Recyclable Materials Processing Facility and shall cooperate with the 2380 City in any audits or investigation of such quantities. 2381
City of Willits Franchise Agreement
56 2382 Grantee shall keep all existing permits and approvals necessary for use of the 2383 Recyclable Materials Processing Site in full regulatory compliance. Upon 2384 request, Grantee shall provide copies of notices of violation or permits to the City. 2385
2386 (2) Marketing. Providing the Designated and/or Approved Source Separated 2387 Recyclable Materials Processing Facility is owned and/or operated by Grantee or 2388 by an Affiliate of Grantee, Grantee shall be responsible for marketing Recyclable 2389 Materials collected in the Franchise Area and shall be compensated for such 2390 Recyclable Materials at not less than fair market value. 2391
2392 Providing the Designated and/or Approved Source Separated Recyclable 2393 Materials Processing Facility is owned and/or operated by Grantee or by an 2394 Affiliate of Grantee, Grantee shall prepare and maintain a City-approved 2395 marketing plan for all Recyclable Materials collected in the Franchise Area. The 2396 plan shall be in place within sixty (60) days of the Effective Date of this 2397 Agreement. The marketing plan shall fully describe the Grantee’s marketing 2398 methods and approach, targeted primary and contingent markets, pricing policy 2399 and assumed salvage value for each collected type of Recyclable Material 2400 products, and contingency plans if market conditions are severe. 2401
2402 Providing the Designated and/or Approved Source Separated Recyclable 2403 Materials Processing Facility is owned and/or operated by Grantee or by an 2404 Affiliate of Grantee, Grantee shall provide proof to the City that all Recyclable 2405 Materials collected are marketed for Recycling or reuse in such a manner that 2406 materials shall be considered as diverted in accordance with the State regulations 2407 established by the California Integrated Waste Management Act of 1989 2408 (Division 30 of the California Public Resources Code), as amended, 2409 supplemented, superseded, and replaced from time to time. No Recyclable 2410 Material shall be transported to a domestic or foreign location if Solid Waste 2411 Disposal of such material is its intended use.
2412
2413 Providing the Designated and/or Approved Source Separated Recyclable 2414 Materials Processing Facility is owned and/or operated by Grantee or by an 2415 Affiliate of Grantee, Grantee shall provide City with a list of broker/buyers it uses 2416 each quarter. City may audit one broker or buyer per quarter to confirm that 2417 materials are being recycled. If Grantee becomes aware that a broker or buyer has 2418 illegally handled or disposed of material generated within the Franchise Area or 2419 elsewhere, Grantee shall immediately inform the City and terminate its contract or 2420 working relationship with such party. If Grantee has provided City with a list of 2421 broker/buyers for the quarter, Grantee shall provide a quarterly list only to the 2422 extent that the list differs from the list provided in the prior quarter(s). 2423
2424 (3) Disposal of Recyclable Materials Prohibited. Recyclable Materials may not be 2425 disposed of in lieu of Recycling the material.

City of Willits Franchise Agreement
57 2426
2427 C. Change in Designated Disposal Location or Recyclable Materials Processing Site 2428
2429 The Grantee shall Transport all Solid Waste, Organic Waste, and Recyclable Materials 2430 Collected from the Franchise Area to the Designated and/or Approved Disposal Facility, Organic 2431 Waste Processing Facility and Source Separated Recyclable Materials Processing Facility, 2432 respectively.
2433
2434 The City has the right, at its option, to control the Collection, Disposal, and Diversion of 2435 all Solid Waste and Recyclable Materials generated within the Franchise Area. As part of the 2436 rights agreed to herein, the parties hereto agree that:
2437
2438 (1) The City has the right to direct Solid Waste to be Disposed of at any Disposal 2439 Facility or in any manner, respectively, the City may designate; and 2440
2441 (2) The City has the right to direct Solid Waste to be diverted at any transfer or 2442 Processing station the City may designate; and
2443
2444 (3) The City has the right to direct Discarded Recyclable Materials collected by Grantee 2445 to be Processed at or marketed to a specific facility when in the best interest of the 2446 City and provided the collector would receive a reasonable, competitive market 2447 value for the Recyclable Materials.
2448
2449 (4) The City has the right to direct Organic Waste collected by Grantee to be 2450 Processed at or marketed to a specific facility when in the best interest of the City 2451 and provided the Grantee would receive or pay a reasonable, competitive market 2452 price for the Organic Waste. In exercising its right to direct Organic Waste, City 2453 will consider the impact upon Rates, and the likelihood Grantee can recover all 2454 costs with the specific facility.
2455
2456 (5) If City directs a change in the Designated Facility(ies) which impacts Grantee's 2457 operational costs, then either party to this Agreement may apply for a Rate 2458 increase or decrease through the provisions of Section 15.A Pass-through Rate 2459 Adjustment.
2460
2461 (6) Any change in the Designated Disposal Facility made by City under this section 2462 must comply with all federal, state, and local laws and regulations. 2463
2464 D. Grantee's Responsibility in Lieu of Direction by City. 2465
2466 Throughout the term of this Agreement, unless the City gives notice as provided for 2467 herein and subject to the terms of this Agreement, it shall be the Grantee's sole responsibility and 2468 duty to Dispose of the Solid Waste Collected and Process the Recyclable Materials Collected in 2469 a safe manner and in compliance with all federal, state, and local laws and regulations. Grantee City of Willits Franchise Agreement
58 2470 agrees that it shall Dispose of all Solid Waste Collected and Process all Recyclable Materials 2471 Collected in the Franchise Area at a Solid Waste facility or Processing facility that is fully 2472 licensed and appropriately permitted and, to Grantee's knowledge, is not in material violation of 2473 any health, safety or Hazardous Materials laws, rules, regulations, or orders as long as the cost of 2474 disposal and Recycling is at no greater cost to ratepayer. 2475
2476 E. Invalidation of City Flow Control Voids Franchise. 2477
2478 Should a court of competent jurisdiction rule any provision in this Franchise Agreement 2479 unlawful or unconstitutional, then the entire Franchise Agreement shall become null and void 2480 upon the election of the City. However, this Agreement shall not become null and void, and 2481 shall remain in full force and effect, as long as the Grantee continues to direct Solid Waste, 2482 Organic Waste and Recyclable Materials as instructed by the City and abides by all other terms 2483 of this section. City deems control of the waste stream a vital component of its waste Disposal 2484 program which ensures to the general benefit and welfare of the public. This provision will 2485 preserve the City's ability to pursue any legal methods whereby flow control of waste stream can 2486 be achieved.
2487
2488
2489 SECTION 11 - OWNERSHIP OF DISCARDED MATERIALS
2490
2491 By operation of this Agreement, ownership, and the right of possession of all Discarded 2492 Materials shall be transferred to Grantee from the Person discarding the materials (Customer 2493 and/or Generator) once such materials are placed in Grantee-provided Containers and properly 2494 placed for Collection.
2495
2496 If Prohibited Container Contaminants are found in Containers set out for Collection, the 2497 materials shall be considered not properly placed for Collection, and Contractor shall have the 2498 right to reject Collection of the contaminated Containers pursuant to Section 6.D, and the 2499 ownership of materials shall remain with the Person discarding the materials (Customer and/or 2500 Generator). In the event said Generator or producer of the Solid Waste is unknown, the Solid 2501 Waste shall become the property of the Owner of the parcel upon which said Solid Waste has 2502 been deposited. Notwithstanding anything herein to the contrary, under no circumstances shall 2503 title to and liability for any Prohibited Container Contaminants pass to Contractor, even if 2504 Contractor inadvertently collects or disposes of such Prohibited Container Contaminants. 2505
2506 Upon being legally deposited in a Disposal site approved by the Department or 2507 transferred to an Approved Facility not owned by the Contractor, all Solid Waste, Organic 2508 Waste, and Recyclable Materials shall forthwith become the property of the permitted operator 2509 of the facility.
2510
2511 Except as required in the City’s sole discretion for law enforcement purposes, at no time 2512 shall the City obtain any right of ownership or possession of Discarded Materials, including but 2513 not limited to any Prohibited Container Contaminants, placed for collection and nothing in this City of Willits Franchise Agreement
59 2514 Agreement shall be construed as giving rise to any inference that City has such rights. 2515
2516 SECTION 12 - PRIVACY
2517
2518 A. Customers Rights of Privacy
2519
2520 Grantee shall use its best efforts to observe and protect the rights of privacy of 2521 Customers. Information identifying individual Customers, or the composition of a particular 2522 Customer's Solid Waste or Recyclable Materials shall not be revealed to any Person, private 2523 agency, or company, unless upon request of federal, state, or local law enforcement personnel, 2524 the authority of a court of law, a statute, or upon valid authorization of the Customer. This 2525 provision shall not be construed to preclude Grantee from preparing, participating in, or assisting 2526 in the preparation of waste characterization studies or Waste Stream analysis which may be 2527 reasonably necessary to comply with AB 939 or any other reports requested by the City under 2528 the Agreement or required or requested by any governmental agency. 2529
2530 B. Use of Customer Lists
2531
2532 Grantee shall not market or distribute outside the normal course of its business, mailing 2533 lists with the names and addresses of Customers.
2534
2535 SECTION 13 - GRANTEE'S BOOKS AND RECORDS; REPORTS AND AUDITS 2536
2537 Grantee shall maintain records and reports in accordance with Exhibit G and shall allow the City 2538 to audit and inspect records as described in the Exhibit G, Section G.3. 2539
2540
2541 SECTION 14 - GRANTEE'S RATES
2542
2543 A. City's Powers
2544
2545 The City shall set and regulate all Rates and charges assessed by Grantee for any and all 2546 services and activities it performs or engages in the Franchise Area, and which are covered under 2547 this Agreement.
2548
2549 B. Rate Requirements
2550
2551 (1) Grantee shall provide the services described in this Agreement and be 2552 compensated by its Customers at the Rates specified in Exhibits A and B. 2553
2554 (2) The Rates specified in Exhibits A and B shall be effective as of the Effective Date 2555 of this Agreement.
2556
2557 (3) The Rates specified in Exhibits A and B may be modified in accordance with the City of Willits Franchise Agreement
60 2558 Rate Adjustments as described in Section 15 of this Agreement. 2559
2560 (4) All charges or fees for service by a Grantee shall be fixed and approved by the 2561 City.
2562
2563 (5) Charges for Industrial Solid Waste removal service may be negotiated between 2564 the Grantee and the Customer. If the negotiated charges are less than the Rates 2565 specified in Exhibit B, Grantee shall notify the Department in writing of each 2566 Customer that is offered and charged a lower Rate. In no event shall the Grantee 2567 charge a Rate in excess of those specified in Exhibit B without prior written 2568 approval by the City, except for weight overages as provided for in this section. 2569
2570 (6) Grantee may not charge residential and commercial Customers at Rates other than 2571 those specified in Exhibits A and B except that the City may authorize a Customer 2572 to receive reduced service for a reduced charge and may approve an agreement 2573 between the Customer and the Grantee to provide additional service for an 2574 additional charge. These authorized reduced or additional charges may be revised 2575 by the City from time to time after a public hearing thereon and a determination 2576 by the City that a change is in the public interest and is mutually agreed upon by 2577 both parties.
2578
2579 (7) Grantee may charge an extra commercial Container overload charge. This extra 2580 charge may be levied by Grantee for each occurrence of a Container overload. 2581 Overload shall be defined as an excess of solid waste mounded such that 2582 Container covers cannot completely close. The Container overload charge shall be 2583 based on the amount of excess solid waste causing the overload condition. The 2584 Container overload charge shall be calculated by the number of 35-gallon 2585 Containers that the excess solid waste fills multiplied by the 35-gallon Container 2586 once per month Rate as set forth in Exhibits A and B. 2587
2588 (8) All compensation paid to the Grantee shall be paid by its Customers and the City 2589 is in no way obligated to provide the Grantee any compensation for services 2590 described in this Agreement.
2591
2592 SECTION 15 - RATE ADJUSTMENT PROCEDURES
2593
2594 A. Pass-through Rate Adjustment
2595
2596 (1) At any time that the City establishes a City surcharge, increases an existing City 2597 surcharge, increases the Franchise Fee Rate, increases the Disposal charge at 2598 City-owned facilities, or directs a change in scope as allowed by this Agreement, 2599 Grantee may apply to the City for a pass-through Rate adjustment to offset the 2600 new or increased fees. In applying for a pass-through Rate adjustment, the 2601 Grantee must:

City of Willits Franchise Agreement
61 2602
2603 (a) Submit a request for the increase, in writing, to the Department. 2604
2605 (b) Specify the amount of the requested increase for each Rate given in 2606 Exhibit B; and,
2607
2608 (c) Provide documentation that the specified Rate increase is reasonable and 2609 appropriate and does not include Rate increases for any other reason than 2610 to recover the direct cost of the additional pass-through expense. 2611
2612 Provided that the Department staff have received and considered the request and 2613 documentation described above and has concluded that the requested Rate 2614 adjustment is reasonable and appropriate and is solely to recover the direct cost of 2615 the additional pass-through expense, the Rates given in Exhibits A and B shall be 2616 amended by the Department or his/her designated City employee. 2617
2618 (2) If a jurisdiction other than the City establishes or increases surcharges or fees that 2619 affect Grantee's expenses, the same procedures as described in (1), above, apply. 2620
2621 (3) The timely application and request for a pass-through rate adjustment increase 2622 rests solely with the Grantee. There shall be no retroactive increase billing to 2623 Customers. The responsibility to implement timely pass-through rate adjustments 2624 rests solely with the Grantee in accordance with the procedures outlined in this 2625 Agreement. If for any reason the City fails to respond within thirty (30) days to a 2626 pass-through rate adjustment request in accordance with the procedures in this 2627 Agreement, the failure to respond shall be deemed a rejection, which the Grantee 2628 may appeal to the Willits City Council. Under no circumstances will the 2629 Contractor ever be permitted to retroactively bill Customers for any rate 2630 adjustment increases not implemented in a timely manner for any reason. 2631
2632 (4) At any time that the City either eliminates a City surcharge on Grantee's 2633 Customers, decreases an existing City surcharge on Grantee's Customers, 2634 decreases the Franchise Fee Rate, decreases the Disposal charge at the City 2635 owned facilities, City may apply to the Grantee for a pass-through Rate 2636 adjustment to offset the eliminated or decreased fees. In applying for a pass2637 through Rate adjustment, the City must:
2638
2639 a) Submit a request for the decrease, in writing to the Grantee; 2640
2641 b) Specify the amount of the requested decrease for each Rate given in 2642 Exhibit B; and,
2643
2644 c) Provide documentation that the specified Rate decrease is reasonable and 2645 appropriate and does not include Rate decrease for any other reason than City of Willits Franchise Agreement
62 2646 to recover the direct cost of the decreased or eliminated pass-through 2647 expense.
2648
2649 Provided that the Grantee has received and considered the request and 2650 documentation described above, and the requested Rate adjustment is reasonable 2651 and appropriate and is solely to recover the direct cost of the decreased or 2652 eliminated pass-through expense, the Rates given in Exhibits A and B shall be 2653 amended by the Department or his/her designated City employee. 2654
2655 (5) If a jurisdiction other than the City eliminates or decreases surcharges or fees that 2656 affect Grantee's expense, the same procedures as described in (4), above, apply. 2657
2658 (6) In the case of a jurisdiction other than the City eliminating or decreasing 2659 surcharge or fees that affect Grantee's expenses, Grantee shall be responsible for 2660 notifying the City in writing. If Grantee fails to notify City of eliminated or 2661 decreased surcharges or fees per this section, then the City may apply for and 2662 request a retroactive pass-through Rate adjustment decrease. 2663
2664 B. Cost-of-Living & Fuel Rate Adjustments
2665
2666 Grantee may apply for a cost-of-living adjustment (COLA) and fuel Rate 2667 adjustment on an annual basis. Grantee shall submit the rate adjustment request 2668 no later than November 15 for rates to be effective the following January 1. The 2669 Rate adjustments shall be based on: 1) 90% of the change in the value of the 2670 most recently published All Urban Consumers Index (CPI-U), all items, for the San 2671 Francisco-Oakland-San Jose, CA, Base Period 1982 – 1984 = 100, not seasonally 2672 adjusted, compiled and published by the U.S. Department of Labor, Bureau of 2673 Labor Statistics or its successor and its value twelve months before, and 2) 2674 100% of the change in the average monthly value over the last 12 months, 2675 compared to the average monthly value for the preceding 12 month period, 2676 of the most recently published California index for #2 diesel fuel, 2677 compiled and published by the U.S. Energy Information Administration or 2678 its successor. Grantee shall notify the City of the adjustments to take place and shall 2679 provide the City with its computations and documentation. Under no circumstances 2680 will the Grantee ever be permitted to retroactively bill Customers for any rate 2681 adjustment increases not implemented in a timely manner for any reason. 2682 For calculation of adjustments, the Rates would be divided into three 2683 components – Fuel, Pass-through and All Other. For example, if the Fuel 2684 Component equals 8.1% of the first year Rate, the Pass-through Component 2685 (disposal costs) equals 17.2%, and the All-Other Component equals 74.6% of the 2686 Rate, when the first adjustment to Rates occurs, it would be done in the following 2687 manner:

City of Willits Franchise Agreement
63 2688 Fuel Component: Existing Billed Rate x 8.1% x Diesel Fuel Index 2689 Pass-through Component: None, since pass-through increases, if any, 2690 will be made pursuant to Section 15(A) above.
2691 All Other Component: Existing Billed Rate x 74.6% x CPI Index 2692 The sum of the above equals the New Rate. Following completion of each annual 2693 financial statement by Grantee, the adjustment factors will be reviewed to correspond to 2694 the percentage of fuel, disposal cost and other expenses out of total operating expenses. 2695
2696 C. Larger Rate Increases
2697
2698 No sooner than one year after this Agreement becomes effective, and no more frequently 2699 than annually thereafter, Grantee may apply for a Rate adjustment in excess of the Cost-of2700 Living Rate Adjustment described in (B), above. Grantee may apply for either the Cost-of2701 Living Rate Adjustment or the larger Rate increase as described in this section but may not apply 2702 for both for the same Rate Period. In applying for such a Rate increase the Grantee must:
2703
2704 (1) Notify the Department, in writing, of Grantee's intent to seek a Rate increase in 2705 excess of the Cost-of-Living Rate Adjustment limitation. 2706
2707 (2) Obtain and submit to the Department an independent financial audit report of 2708 Grantee's operations. The City shall select or approve the auditor to perform the 2709 audit. The cost of the audit shall be paid by the Grantee. The audit must, at a 2710 minimum, determine the profitability of Grantee's operations specific to services 2711 provided under this Agreement.
2712
2713 (3) Submit a reviewed financial statement for the most-recently completed Rate 2714 Period.
2715
2716 Using information provided in the financial audit, as well as records required to be 2717 maintained by Guarantee under Section 13 and Exhibit G of this Agreement, the City shall 2718 perform a Rate setting study to determine appropriate Rates based on projected profitability of 2719 the Grantee. The appropriate profit margin, and the means of determining profitability, shall be 2720 included as part of the Rate setting study. The Rate setting study shall be conducted by the City, 2721 or by a qualified contractor selected by the City. The cost of the Rate study shall be paid by the 2722 Grantee.
2723
2724 City shall then hold at least one public meeting, at a convenient time and place within the 2725 Grantee's Franchise Area, to solicit public comment on the proposed Rate increases, as 2726 determined by the Rate setting study. This public meeting shall be duly noticed and shall be held 2727 no less than 14 days before the Board considers adoption of the Rate increases. 2728
2729 Provided that the City has received the required information, as described in (1) and (2), City of Willits Franchise Agreement
64 2730 above, has completed the Rate setting study, and has held at least one public meeting and 2731 considered public input, the Board may adopt the new Rates by amending Exhibits A and B. 2732 Under no circumstances will the Grantee ever be permitted to retroactively bill Customers 2733 for any rate adjustment increases not implemented in a timely manner for any reason. 2734
2735 D. Rate Decreases
2736
2737 The City may, at any time, request a Rate decrease provided that some change in 2738 conditions has occurred to warrant a Rate decrease. Such a Rate decrease will require a full 2739 disclosure audit and formal Rate structuring. In requesting such a Rate decrease, the City must:
2740
2741 (1) Notify the Grantee, in writing, of City's intent to seek a Rate decrease. 2742
2743 (2) Obtain a financial audit of Grantee's operations. The Grantee shall comply with a 2744 full disclosure audit. The City shall select the auditor to perform the audit. The 2745 cost of the audit shall be paid by the City. The audit must, at a minimum, 2746 determine the profitability of Grantee's operations specific to services provided 2747 under this Agreement.
2748
2749 Using information provided in the financial audit, as well as records required to be 2750 maintained by Guarantee under Section 13 and Exhibit G of this Agreement, the City shall 2751 perform a Rate setting study to determine appropriate Rates based on projected profitability of 2752 the Grantee. The appropriate profit margin, and the means of determining profitability, shall be 2753 included as part of the Rate setting study. The Rate setting study shall be conducted by the City, 2754 or by a qualified contractor selected by the City. The cost of the Rate study shall be paid by the 2755 City.
2756
2757 City shall then hold at least one public meeting, at a convenient time and place within the 2758 Grantee's Franchise Area, to solicit public comment on the proposed Rate decrease, as 2759 determined by the Rate setting study. This public meeting shall be duly noticed and shall be held 2760 no less than 14 days before the City considers adoption of the Rate decrease. 2761
2762 Provided that the City has received the required information, as described in (1) and (2), 2763 above, has completed the Rate setting study, and has held at least one public meeting and 2764 considered public input, the City may adopt the new Rates by amending Exhibits A and B. 2765
2766 E. Recycling Commodity Value Adjustment
2767
2768 The gross market commodity value of Discarded Recyclable Materials collected by Grantee 2769 pursuant to this Agreement as mixed Recyclable Materials shall be determined by the current 2770 average composite market value per ton for each category multiplied by the market value price 2771 including any California Redemption Value, FOB at the Designated Recycling Processing 2772 Facility. An increase in Rates or a decrease in Rates is determined by applying the current 2773 Composite Market Value to the Fee/Credit Schedule/Market Value Grid. With tons reported for City of Willits Franchise Agreement
65 2774 Discarded Recyclable Materials (single-stream) collected from each area, a fee/credit per ton will 2775 be applied against the number of tons divided by revenue to calculate a percentage change in the 2776 Rate. See Fee/Credit Schedule/Market Value Grid.
2777
2778 Beginning with the Rate Period ending December 31, 2023, no later than November 15 of each 2779 Rate Period, Grantee shall calculate the average Composite Market Value per ton over the 2780 previous 12 months and apply it to the Fee/Credit Schedule/Market Value Grid to determine a 2781 fee or credit. Rates will be adjusted by a fee or credit times the number of tons collected divided 2782 by revenue.
2783
2784 Grantee will provide City with all data used for the calculation of this adjustment. Grantee will 2785 provide City with weekly brokerage market values from the previous 12 months for each 2786 commodity within the Composite Market Value to substantiate that Grantee has received the 2787 highest or best market value.
2788
2789 A three-step process for determining an increase or decrease in the collection Rate based on a 2790 fee/credit grid that takes into account the current average Composite Market Value compared to 2791 the specified Composite Market Value which to determine a fee or credit per ton is provided 2792 below:
2793
2794 Step 1: The foundation of the specified Composite Market Value (CMV) used for the break-even 2795 point on the fee /credit grid is provided below.

City of Willits Franchise Agreement
66 2796
City of Willits Franchise Agreement
67 2797 Step 2: Calculate the current CMV from the previous four quarters for the reporting period and 2798 apply the newly calculated current CMV to the fee/credit grid. 2799
2800 Step 3: The current CMV will be applied to the fee/credit grid to determine the fee or 2801 credit that will be applied to the number of tons of Discarded Recyclable Materials that is 2802 collected from within Solid Waste Refuse Collection Area. (For example, a $93.95 CMV would 2803 provide a fee of $60.00 per ton). The $60.00 fee would be multiplied by the number of tons 2804 collected from within the Franchise Area and divided by revenue to calculate a percentage 2805 increase or decrease to collection Rates. The number of Discarded Recyclable Material tons 2806 collected from within the Franchise Area will be derived from the volume and revenue reports 2807 prepared quarterly and annually by Grantee.
2808
2809
2810
2811 F. City Rate Setting Authority
2812
2813 Should a court of competent jurisdiction determine that the City lacks authority to 2814 set and/or increase Rates for charges related to Franchise and governmental fees and 2815 charges then Grantee shall reduce the Rates it charges Customers a corresponding City of Willits Franchise Agreement
68 2816 amount, providing said fees, Rates and/or charges disallowed by the court are not related 2817 to the cost of providing service hereunder and had already been incorporated in the Rates 2818 charged by Grantee to its Customers.
2819 Nothing herein is intended to imply that the California Constitution, Articles XIIIC or 2820 XIIID, apply to the setting of Rates for the services provided under this Agreement; rather 2821 this section is provided merely to allocate risk of loss as between the parties. 2822
2823 SECTION 16 - FEES
2824
2825 A. Franchise Fee - Amount
2826
2827 In consideration of the exclusive rights provided herein, Grantee shall pay a Franchise 2828 Fee to the City calculated as 12% of the Adjusted Gross Revenues collected for service. The 2829 Franchise Fee may be revised by the City from time to time after a public hearing thereon and a 2830 determination by the City that a change is in the public interest, such increases or decreases 2831 determined by the City shall be subject to pass-through Rate adjustment. 2832
2833 B. Franchise Fee - Quarterly Payments and Revenue Statements 2834
2835 Grantee shall pay the Franchise Fee in quarterly payments due within 30 days after the 2836 close of each calendar quarter. Along with the quarterly payment, Grantee shall include a 2837 quarterly revenue statement, certified by an officer of the Grantee that shows the basis for the 2838 calculation thereof.
2839
2840 C. Franchise Fee - Deposit.
2841
2842 Franchise fees shall be paid to the Department which shall deposit them in the City 2843 General Fund.
2844
2845 D. Franchise Fee - Delinquency Penalty
2846
2847 Payments are delinquent if not received by the City within 30 days as provided above. 2848 All fees are subject to a delinquency penalty of ten percent (10%), which attaches on the first day 2849 of delinquency, plus an additional ten percent (10%) for each additional month the payment 2850 remains delinquent. These penalties are in addition to the franchise termination provisions of 2851 Section 19.
2852
2853 E. Refund of Franchise Fees
2854
2855 Once Franchise Fee payments are made to the City, Grantee may not ask for refund of all 2856 or part of Franchise Fees unless such request is based on a mathematical error in its calculation 2857 or a double payment of such payment.
2858
City of Willits Franchise Agreement
69 2859 SECTION 17 - BONDS, INSURANCE, AND INDEMNIFICATION 2860
2861 A. Bonds
2862
2863 (1) The City may require the Grantee to post a performance bond at a value up to 2864 25% of the estimated annual revenues generated through this Agreement. If, 2865 however, the Grantee has previously satisfactorily demonstrated that Grantee has 2866 the financial means and capabilities to perform required services, the City may 2867 waive the performance bond requirement, or may reduce the required amount of 2868 the performance bond.
2869
2870 The amount and specifications of the performance bond required for this 2871 Agreement are described in Exhibit D.
2872
2873 (2) If the City should impose a surcharge, pertaining to Solid Waste Collection and/or 2874 Disposal fees, on Grantee's Customers, Grantee may be required to post a fidelity 2875 bond. Should this occur, the amount, terms, and conditions of the fidelity bond 2876 shall be determined by the City and shall be included in this Agreement through 2877 amendment of Exhibit D.
2878
2879 B. Insurance
2880
2881 Insurance policies are to be secured by the Grantee and remain in full force and effect at 2882 all times to provide protection against liability for damages which may be imposed for the 2883 negligence of the Grantee or that Persons employees or agents, including, but not limited to, 2884 general liability and automobile liability insurance. Grantee shall also provide liability coverage 2885 under California Workers' Compensation laws. The amounts of insurance required are to be 2886 established herein. Said amounts shall not be construed to limit the Grantee's liability. 2887
2888 The insurance requirements provided herein may be modified or waived in writing by the 2889 City Council, provided the City Council determines that such waiver or modification does not 2890 unreasonably increase the risk of exposure to the City, including the fact that the parent of 2891 Grantee may be self-insured up to a certain acceptable amount. 2892
2893 (1) Workers' Compensation Insurance. Grantee shall obtain and maintain in full 2894 force and effect throughout the entire term of this Agreement full Workers' 2895 Compensation Insurance in accord with the provisions and requirements of the 2896 Labor Code of the State of California. Endorsements that implement the required 2897 coverage shall be filed and maintained with the Department throughout the term 2898 of this Agreement.
2899
2900 (2) Comprehensive General Liability. Grantee shall obtain and maintain in full force 2901 and effect throughout the entire term of this Agreement a Broad Form 2902 Comprehensive General Liability (occurrence) policy with a minimum limit of City of Willits Franchise Agreement
70 2903 TWO MILLION DOLLARS ($2,000,000.00) aggregate and ONE MILLION 2904 DOLLARS ($1,000,000.00) per occurrence for bodily injury and property 2905 damage, with any self-insured retention not exceeding TWO HUNDRED 2906 THOUSAND ($200,000.00) per occurrence. Said insurance shall protect Grantee 2907 and City from any claim for damages for bodily injury, including accidental 2908 death, as well as from any claim for property damage which may arise from 2909 operations performed pursuant to this Agreement, whether such operations are by 2910 Grantee itself, or by its agents, employees and/or Subcontractors. Copies of the 2911 policies or endorsements evidencing the above-required insurance coverage shall 2912 be filed with the Department. Endorsements are required to be made a part of all 2913 of the following insurance policies required by this Section:
2914
2915 (a) "The City, its employees, agents, and officers, are hereby added as insured 2916 as respects liability arising out of activities performed by or on behalf of 2917 Grantee."
2918
2919 (b) "This policy shall be considered primary insurance as respects any other 2920 valid collectible insurance the City may possess including any self-insured 2921 retention the City may have, and any other insurance the City does possess 2922 shall be considered excess insurance and shall not contribute with it." 2923
2924 (c) "This policy shall act for each insured, as though a separate policy had 2925 been written for each. This, however, will not act to increase the limit of 2926 liability of the insuring company."
2927
2928 (d) "Thirty (30) days prior written notice by certified mail, return receipt 2929 requested, shall be given to the City in the event of suspension, 2930 cancellation, reduction in coverage or in limits or non-renewal of this 2931 policy for whatever reason. Such notice shall be sent to the Department." 2932
2933 (3) Vehicle Liability. Grantee shall obtain and maintain in full force and effect 2934 throughout the entire term of this Agreement a vehicle liability policy with a 2935 minimum limit of TWO MILLION DOLLARS ($2,000,000.00) per occurrence 2936 for bodily injury and TWO HUNDRED THOUSAND DOLLARS ($200,000.00) 2937 per occurrence for property damage. Said insurance shall protect Grantee and 2938 City from any claim for damages for bodily injury, including accidental death, as 2939 well as from any claim for property damage which may arise from operation of 2940 owned and non-owned vehicles. Copies of the policies or endorsements 2941 evidencing the above-required insurance coverage shall be filed with the 2942 Department.
2943
2944 The limits of such insurance coverage, and companies, shall be subject to review and 2945 approval by the City every year and may be increased at that time and match the coverage 2946 provided by the City's own liability insurance policy. The City shall be included as a named City of Willits Franchise Agreement
71 2947 insured on each of the policies, or policy endorsements. 2948
2949 C. Indemnification
2950
2951 (1) Indemnification of City
2952
2953 (a) Grantee shall defend the City with counsel reasonably acceptable to the 2954 City and indemnify the City from and against any and all liabilities, costs, 2955 claims and damages which are caused by Grantee's negligence or failure to 2956 comply with applicable laws and regulations, including but not limited to 2957 liabilities, costs, claims, and damages described in Section 17B, above. 2958
2959 (b) Grantee agrees that it shall protect and defend the City with counsel 2960 reasonably acceptable to City, indemnify and hold harmless City, its 2961 officers, employees and agents from and against any and all losses, 2962 liabilities, fines, penalties, claims, damages, liabilities or judgments 2963 (including attorney's fees), arising out of or resulting in any way from 2964 Grantee's exercise of this Agreement, unless such claim is due to the sole 2965 negligence or willful acts of the City, its officers, employees, agents or 2966 contractors, or from City's grant of this Agreement to Grantee. 2967
2968 (c) In addition, Grantee shall defend the City with counsel reasonably 2969 acceptable to the City, indemnify and hold the City harmless from any and 2970 all litigation and claims, damages and liabilities arising there from, 2971 brought to enforce or to challenge this Agreement and/or Grantee's 2972 exclusive rights granted there under; provided, however, that Grantee's 2973 obligations hereunder extend only to actions brought against or by Persons 2974 not parties to this Agreement.
2975
2976 (d) The Grantee’s obligations in this section shall survive termination of this 2977 Agreement.
2978 (2) Indemnification of Grantee.
2979 (a) Except as provided by subparagraph (3) AB 939 Indemnification, the 2980 City shall defend, with counsel reasonably acceptable to Grantee, 2981 indemnify and hold Grantee harmless from any and all fines, 2982 penalties and assessments levied against or threatened to be 2983 levied against the City and/or Grantee for the City's failure to meet 2984 the requirements of AB939, its amendments or any successor 2985 legislation and/or all rules and regulations promulgated 2986 hereunder if said failure is due solely to the negligence or 2987 misconduct of the City, including but not limited to the City's 2988 failure to adopt Source Reduction and Recycling Elements City of Willits Franchise Agreement
72 2989 mandated under AB 939.
2990 (b) In the event that the City directs the Grantee to Dispose of or 2991 Transport Solid Waste, and/or Recyclable Materials to a specific 2992 facility, the Grantee shall not be held liable for damages at or to 2993 that facility, or to the City as a result of the acts or omissions of that 2994 facility, unless the damages are caused by the willful or negligent 2995 acts of the Grantee.
2996 (3) AB 939 Indemnification. Grantee shall defend with counsel reasonably 2997 acceptable to the City, indemnify and hold the City harmless from any and all 2998 fines, penalties and assessments levied against or threatened to be levied 2999 against the City for the City's failure to meet the requirements of AB 939, 3000 with respect to the Waste Stream under Grantee's control, its amendments 3001 or any successor legislation and/or all rules and regulations promulgated 3002 hereunder if said failure results from Grantee's failure to comply with this 3003 Agreement and/or Grantee's failure to comply with said laws, rules or 3004 regulations, including but not limited to failing to timely supply to the City 3005 the reports and information required by the City in order to comply with AB 3006 939.
3007 (4) Hazardous Substances Indemnification by Grantee. Grantee shall indemnify, 3008 defend with counsel acceptable to the City, protect, and hold harmless the City, its 3009 officers, employees, and agents from and against all claims, damages (including, 3010 but not limited to, special, consequential, natural resources, and punitive damages), 3011 injuries, response remediation and removal costs, losses, demands, debts, liens, 3012 liabilities, causes of action, suits, legal or administrative proceedings, interest, 3013 fines, charges, penalties, attorney's fees, and other expenses (including, but not 3014 limited to, attorneys' and expert witness fees and costs incurred in connection with 3015 defending against any of the forgoing or in enforcing this indemnity) of any kind 3016 whatsoever paid, incurred, or suffered by, or asserted against, the City, its officers, 3017 employees, and agents arising from or attributable to acts or omissions of Grantee, 3018 its officers, employees, agents, contractors, and/or subcontractors, including, but 3019 not limited to, any repair, cleanup or detoxification, or preparation and 3020 implementation of any removal, remedial, response, closure or other plan 3021 (regardless of whether undertaken due to governmental action) concerning any 3022 hazardous substance or Hazardous Wastes brought to a Facility during the Term of 3023 this Agreement, or handled by Grantee or its officers, employees, agents, 3024 contractors, and/or subcontractors at any place where Grantee conducts operations 3025 pursuant to this Agreement. The foregoing indemnity is intended to operate as an 3026 agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(c), and 3027 California Health and Safety Code Section 25364, to defend, insure, protect, hold 3028 harmless, and indemnify the City from liability. Grantee’s obligations in this 3029 section shall survive termination of this Agreement.

City of Willits Franchise Agreement
73 3030
3031
3032 SECTION 18 - FRANCHISE TRANSFER, ISSUANCE, AND RENEWAL 3033
3034 A. Franchise Transfer
3035
3036 In the event that ownership interest of a Grantee is sold, transferred, leased, assigned, 3037 mortgaged, pledged, hypothecated, or otherwise encumbered or disposed of in whole or in part, 3038 directly or indirectly, whether voluntarily or by operation of law or through any stock transfer, 3039 transfer in trust, change in control, consolidation or merger, this Agreement will be considered 3040 non-transferable unless all of the following conditions are met:
3041
3042 (1) The Grantee notifies the City, in writing, at least sixty (60) days in advance of the 3043 transfer in ownership interest, as defined above, and submits a Disclosure 3044 Statement in accordance with Section 13 and Exhibit G; and 3045
3046 (2) The Grantee and the party to which ownership interest is being transferred 3047 demonstrate that the party to which ownership interest is being transferred has the 3048 financial means, experience, and capabilities to fulfill the requirements of this 3049 Agreement; and
3050
3051 (3) The party to which ownership interest is being transferred demonstrates that the 3052 best interest of the public will be served, and that service levels will not decline, 3053 or Rates increase as a result of the transfer of ownership. 3054
3055 If the Grantee and the party to which ownership interest is being transferred have 3056 satisfactorily complied with all of the conditions described above, the City shall not 3057 unreasonably deny the transfer of this Agreement. In the event that ownership interest in 3058 Grantee changes as described in this section, and the City has approved the transfer of this 3059 Agreement, the City has the right to require competitive bid or request for proposal of said 3060 Agreement at any time during the remainder of this Agreement term. If the City so determines, 3061 City shall provide Grantee a two-year notice of its intent to terminate this Agreement, provided 3062 that two or more years remain in Agreement term. During such two-year period, or, if fewer 3063 than two years remain in the Agreement during the remainder of the Agreement term, the City 3064 may conduct the competitive bid or request for proposal process. 3065
3066 Any transfer of ownership interest made without having met the conditions described 3067 above, and without City approval to transfer this Agreement, shall constitute good cause for 3068 termination of the Agreement.
3069
3070 Notwithstanding the above, the present stockholders in the Grantee shall have the right to 3071 transfer stock to their spouses and/or relatives within the first degree. 3072
3073 The Grantee shall compensate the City for all costs incurred by the City to examine the City of Willits Franchise Agreement
74 3074 transfer of the Agreement, whether or not the City agrees to the transfer. 3075
3076 B. General Standards of Responsibility
3077
3078 The City Council may refuse to approve the transfer of this Agreement, if the City finds 3079 by a preponderance of evidence that the buyer has:
3080
3081 (1) Intentionally misrepresented or concealed any material fact in the disclosure 3082 statement.
3083
3084 (2) Obtained a license, permit, contract, or franchise from the City by intentional 3085 misrepresentation or concealment of a material fact. 3086
3087 (3) Been convicted of a felony or pleaded guilty or nolo contendere to a felony 3088 involving the laws of any state or the federal government within the three years 3089 preceding the issuance of the license or permit, or execution of the contract or 3090 Agreement.
3091
3092 (4) Been adjudicated in contempt of an order of any court enforcing laws of this state 3093 or the federal government within three years preceding the issuance of the license 3094 or permit, or execution of the contract or Agreement; or 3095
3096 (5) Disregarded the public safety, as evidenced by convictions or pleas of nolo 3097 contendere to the violation of state and local law governing safety of operations, 3098 compliance with environmental and other franchise requirements within the City. 3099
3100 In deciding whether to renew or allow transfer of this Agreement, the City shall consider 3101 the facts and mitigating factors surrounding the foregoing including:
3102
3103 (1) The relevance of the offense to the business for which the license, permit, 3104 contract, or franchise is issued.
3105
3106 (2) The nature and seriousness of the offense.
3107
3108 (3) The circumstances under which the offense occurred. 3109
3110 (4) The date of the offense; and
3111
3112 (5) The ownership and management structure in place at the time of the offense. 3113
3114 The Department shall recommend to the City whether the buyer is fit to retain the rights 3115 granted under this Agreement. The City shall notify the Grantee of its determination within sixty 3116 (60) days following the Grantee’s submittal of the disclosure form. Failure by the Department to 3117 make a recommendation regarding the Grantee’s fitness for transfer, within the time frame City of Willits Franchise Agreement
75 3118 indicated above, shall in no case result in the revocation of the Grantee’s rights under the 3119 Agreement, an order to cease operations, or a termination of this Agreement. 3120
3121 C. Opportunity to Demonstrate Rehabilitation
3122
3123 In determining whether to recommend approval to the City of a transfer of this 3124 Agreement, the Department shall first allow the buyer to submit evidence of rehabilitation and 3125 shall consider the buyer’s efforts to prevent recurrence of unlawful activity. Items to be 3126 considered by the Department shall include:
3127
3128 (1) The record and history of implementing successful corrective actions undertaken 3129 to prevent or minimize the likelihood of recurrence of the offense. 3130
3131 (2) Whether the offense was an isolated incident or a series of related incidents. 3132
3133 (3) Whether the buyer cooperated with government bodies during investigations. 3134
3135 (4) The number and types of permits, contracts or franchises held by the buyer. 3136
3137 (5) Implementation by the buyer of formal policies, training programs, and 3138 management controls to substantially minimize or prevent the occurrence of 3139 future violations or unlawful activities.
3140
3141 (6) Implementation by the buyer of an environmental compliance auditing program to 3142 assess and monitor the adequacy of the internal systems to ensure compliance 3143 with environmental laws, regulations and conditions set forth in this Agreement. 3144
3145 (7) The buyer’s discharge of individuals, or severance of the interest of or affiliation 3146 with responsible parties, which would otherwise cause the City to deny the 3147 renewal, transfer or refuse to enter into this Agreement; and 3148
3149 (8) Consideration of the need for this Agreement in advancing the City's welfare, 3150 health, and prosperity.
3151
3152 Where the Department determines that pursuant to the above, mitigating factors exist, or, 3153 pursuant to this Section 18C, that the buyer has demonstrated rehabilitation, the Department shall 3154 recommend to the City the transfer of this Agreement. 3155
3156 SECTION 19 - TERMINATION
3157
3158 A. Events of Default
3159
3160 Each of the following shall constitute an event of default (“Event of Default”) hereunder:
3161
City of Willits Franchise Agreement
76 3162 (1) Grantee has demonstrated an inability to properly perform the franchised activity, 3163 failed to comply with one or more of the terms or conditions of this Agreement, or 3164 future amendment(s) to this Agreement, failed to comply with any material 3165 federal, state, or local laws, ordinances, rules, or regulations pertaining to the 3166 franchised activity, or when the franchised activity has become a nuisance or is 3167 detrimental to the public health, safety or welfare. If Grantee does not perform 3168 franchise services for a period in excess of 15 days, this Agreement may be 3169 terminated by the City. Grantee shall not be in default of this Agreement if 3170 Grantee commences such action required to cure the particular breach within 7 3171 calendar days after such notice, and it continues such performance diligently until 3172 completed.
3173
3174 (2) Any representation, warranty, or disclosure made to City by Grantee in 3175 connection with or as an inducement to entering into this Agreement or any future 3176 amendment to this Agreement, which proves to be false or misleading in any 3177 material respect as of the time such representation or disclosure is made, whether 3178 or not any such representation, warranty, or disclosure appears as part of this 3179 Agreement.
3180
3181 (3) There is a seizure or attachment (other than a pre-judgment attachment) of, or 3182 levy affecting possession on, the operating equipment of Grantee, including 3183 without limit its vehicles, maintenance or office facilities, or any part thereof of 3184 such proportion as to substantially impair Grantee's ability to perform under this 3185 Agreement and which cannot be released, bonded, or otherwise lifted within 48 3186 hours excluding weekends and Holidays.
3187
3188 (4) Grantee files a voluntary petition for debt relief under any applicable bankruptcy, 3189 insolvency, debtor relief, or other similar law now or hereafter in effect, or shall 3190 consent to the appointment of or taking of possession by a receiver, liquidator, 3191 assignee (other than as a part of a transfer of equipment no longer useful to 3192 Grantee or necessary for this Agreement), trustee (other than as security for an 3193 obligation under a deed of trust), custodian, sequestrator (or similar official) of the 3194 Grantee for any part of Grantee's operating assets or any substantial part of 3195 Grantee's property, or shall make any general assignment for the benefit of 3196 Grantee's creditors, or shall fail generally to pay Grantee's debts as they become 3197 due or shall take any action in furtherance of any of the foregoing; 3198
3199 (5) A court having jurisdiction shall enter a decree or order for relief in respect of the 3200 Grantee, in any involuntary case brought under any bankruptcy, insolvency, 3201 debtor relief, or similar law now or hereafter in effect, or Grantee shall consent to 3202 or shall fail to oppose any such proceeding, or any such court shall enter a decree 3203 or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator 3204 (or similar official) of the Grantee or for any part of the Grantee's operating City of Willits Franchise Agreement
77 3205 equipment or assets, or orders the winding up or liquidation of the affairs of 3206 Grantee;
3207
3208 (6) If Grantee (i) is the subject of any labor unrest including work stoppage or 3209 slowdown, sick-out, picketing or other concerted job action; (ii) appears in the 3210 reasonable judgment of City to be unable to regularly pay its bills as they become 3211 due; or (iii) is the subject of a civil or criminal judgment or order entered by a 3212 federal, state, regional or local agency for violation of an Applicable Law, and the 3213 City believes in good faith that Grantee's ability to perform under the Agreement 3214 has thereby been placed in substantial jeopardy, the City may, at its option and in 3215 addition to all other remedies it may have, demand from Grantee reasonable 3216 assurances of timely and proper performance of this Agreement, in such form and 3217 substance as the City believes in good faith is reasonably necessary in the 3218 circumstances to evidence continued ability to perform under the Agreement. If 3219 Grantee fails or refuses to provide satisfactory assurances of timely and proper 3220 performance in the form and by the date required by City, such failure or refusal 3221 shall be an event of default.
3222
3223 B. Right to Suspend, Amend, or Terminate
3224
3225 Upon an “Event of Default” by Grantee, the City may suspend, amend, or terminate this 3226 Agreement. Additionally, City may terminate this agreement pursuant to Section 18A above, 3227 subject to the notice provided therein.
3228
3229 C. Procedures
3230
3231 Prior to suspending, amending, or terminating this Agreement granted by the City, the 3232 City may provide the Grantee with written notice of the proposed action and the reasons for it. 3233 The notice shall state that prior to the suspension, amendment or termination, the Grantee is 3234 entitled to a hearing before the City if the Grantee requests such a hearing in writing and the 3235 request is received by the City not more than fifteen (15) days after notice of the proposed action 3236 has been mailed to the Grantee.
3237
3238 If the City does not receive a written request for a hearing within the time period 3239 prescribed above, the Grantee is deemed to have waived the right to a hearing and the City may 3240 immediately suspend, amend, or terminate this Agreement on the terms specified in the notice. 3241
3242 In the event of a serious violation, as determined by the Department, or in the event of 3243 repeated violations of this Agreement, the Agreement shall be terminated by the Board. 3244
3245 D. Agreement - Termination Equipment Use by City
3246
3247 In the event of suspension or termination of this Agreement, the City shall have the right 3248 forthwith to take possession of all trucks and other equipment of the Grantee for the purpose of City of Willits Franchise Agreement
78 3249 Collecting and Disposing of the Solid Waste and performing all other duties which the Grantee is 3250 obligated to perform. The City shall have the right to retain possession of such trucks and 3251 equipment until other suitable trucks and equipment can be purchased or otherwise acquired by 3252 the City for such a purpose. The City shall pay the Grantee a reasonable rent for the use of such 3253 trucks and equipment.
3254
3255 E. Liquidated Damages
3256
3257 (1) General. The City and Grantee find that as of the time of the execution of this 3258 Agreement, it is impractical, if not impossible, to reasonably ascertain the extent 3259 of damages which shall be incurred by City as a result of a breach by Grantee of 3260 its obligations under this Agreement. The factors relating to the impracticability 3261 of ascertaining damages include, but are not limited to, the fact that: (i) substantial 3262 damage results to members of the public who are denied services or denied 3263 quality or reliable service; (ii) such breaches cause inconvenience, anxiety, 3264 frustration, and deprivation of the benefits of the Agreement to individual 3265 members of the general public for whose benefit this Agreement exists, in 3266 subjective ways and in varying degrees of intensity which are incapable of 3267 measurement in precise monetary terms; (iii) that exclusive services might be 3268 available at substantially lower costs than alternative services and the monetary 3269 loss resulting from denial of services or denial of quality or reliable services is 3270 impossible to calculate in precise monetary terms; and (iv) the termination of this 3271 Agreement for such breaches, and other remedies are, at best, a means of future 3272 correction and not remedies which make the public whole for past breaches. 3273
3274 (2) Service Performance Standards; Liquidated Damages for Failure to Meet 3275 Standards. The Parties further acknowledge that consistent, reliable Solid Waste 3276 and Recyclable Materials Collection service is of utmost importance to City and 3277 that City has considered and relied on Grantee's representations as to its quality3278 of-service commitment in awarding an Agreement to it. The City and Grantee 3279 recognize that some quantified standards of performance are necessary and 3280 appropriate to ensure consistent and reliable service and performance. The City 3281 and Grantee further recognize that if Grantee fails to achieve the performance 3282 standards or fails to submit required documents in a timely manner, City and its 3283 residents and businesses will suffer damages, and that it is, and will be, 3284 impractical and extremely difficult to ascertain and determine the exact amount of 3285 damages which City will suffer. Therefore, without prejudice to City’s right to 3286 treat such non-performance as an event of default under this Section, the City and 3287 Grantee agree that the Liquidated Damages amounts established in Exhibit F of 3288 this Agreement and the following Liquidated Damage amounts represent a 3289 reasonable estimate of the amount of such damages considering all of the 3290 circumstances existing on the Effective Date of this Agreement, including the 3291 relationship of the sums to the range of harm to City that reasonably could be 3292 anticipated and the anticipation that proof of actual damages would be costly or City of Willits Franchise Agreement
79 3293 impractical.
3294
3295 Grantee agrees to pay (as Liquidated Damages and not as a penalty) the amounts 3296 set forth in the Schedule of Liquidated Damages, Exhibit F. 3297
3298 City may determine the occurrence of events giving rise to Liquidated Damages 3299 through the observation of its own employees or representative or investigation of 3300 complaints by Customers, Owners, and Generators.
3301
3302 Liquidated Damages will only be assessed after Grantee has been given the 3303 opportunity but failed to rectify the damages as described in this Agreement. City 3304 shall give Grantee notice of its intention to assess Liquidated Damages. The 3305 notice will include a brief description of the incident(s) and non-performance. 3306 The City may review (and make copies at its own expense) all information in the 3307 possession of Grantee relating to incident(s) and non-performance. City may, 3308 within 10 calendar days after issuing the notice, request a meeting with Grantee. 3309 City may present evidence of non-performance in writing and through testimony 3310 of its employees and others relevant to the incident(s) and non-performance. City 3311 will provide Grantee with a written explanation of his or her determination on 3312 each incident(s) and non-performance prior to authorizing the assessment of 3313 Liquidated Damages under this Section. The decision of City shall be final, and 3314 Grantee shall not be subject to, or required to exhaust, any further administrative 3315 remedies.
3316
3317 (3) Amount. City may assess Liquidated Damages for each calendar day or event, as 3318 appropriate, that Grantee is determined to be liable in accordance with this 3319 Agreement in the amounts specified in Exhibit F subject to annual adjustment 3320 described below.
3321
3322 The amount of Liquidated Damages specified in Exhibit F shall be adjusted 3323 annually on the first day of the Rate Period. The adjustment shall be rounded to 3324 the nearest cent. Liquidated Damage amounts shall be adjusted to reflect 75% of 3325 the changes in the All-Urban Consumers Index (CPI-U), all items, for the San 3326 Francisco-Oakland-San Jose, CA, Base Period 1982 – 1984 = 100, not seasonally 3327 adjusted, compiled and published by the U. S. Department of Labor, Bureau of 3328 Labor Statistics, or its successor agency, using the method following:
3329
3330 Adjusted Liquidated Damage Amount = Then-current Liquidated Damage 3331 Amount x most current CPI-U/previous 12-month CPI-U 3332
3333 For example:
3334
3335 Current Liquidated Damage Amount = $150.00
3336
City of Willits Franchise Agreement
80 3337 Most recently published index (Aug 2021) = 311.167 3338
3339 Index published twelve months prior to most recently published index 3340 (Aug 2020) = 300.182
3341
3342 Adjusted Liquidated Damage Amount = $150.00 x (311.167/300.182) = 3343 $155.49
3344
3345 If the CPI-U is discontinued or revised during the Term by the United States 3346 Department of Labor, such other government index or computation with which it 3347 is replaced shall be used in order to obtain substantially the same result as would 3348 be obtained if the CPI had not been discontinued or revised. 3349
3350 (4) Timing of Payment. Grantee shall pay any Liquidated Damages assessed by City within 3351 10 calendar days of the date the Liquidated Damages are assessed. If they are not paid 3352 within the 10-day period, and providing Grantee has exhausted its right to administrative 3353 review in accordance with this Section, City may proceed against the performance bond 3354 required by the Agreement, request replacement of Grantee’s general manager, order the 3355 termination of the exclusive Collection rights granted by this Agreement, or all of the 3356 above.
3357
3358 SECTION 20 - RIGHTS OF CITY TO PERFORM DURING EMERGENCY 3359
3360 A. Provision of Emergency Services
3361
3362 Grantee shall provide emergency services at the City’s request in the event of major 3363 accidents, disruptions, or natural calamities. Emergency services may include, but are not 3364 limited to, assistance handling salvaged materials, Processing, Disposing of Solid Waste or 3365 Recyclable Materials following a major accident, disruption, or natural calamity. Grantee shall 3366 be capable of providing emergency services within 24 hours of notification by the City or as 3367 soon thereafter as is reasonably practical in light of the circumstances. Emergency services, 3368 which exceed the Grantee’s obligations, shall be compensated in accordance with Section 15C. 3369 If Grantee cannot provide the requested emergency services, the City shall have the right to take 3370 possession of the Grantee’s equipment for the purposes of providing emergency services. 3371
3372 B. Franchise Suspension - Emergency Actions
3373
3374 Notwithstanding provisions of this Agreement to the contrary, the Department may 3375 temporarily suspend this Agreement, without prior notice and a hearing, whenever an emergency 3376 exists which poses an immediate threat to the public health, safety, or welfare. In such a case, 3377 the Department shall attempt to notify the Grantee at least twenty-four (24) hours prior to the 3378 proposed action. A hearing shall be held within seventy-two (72) hours of the action taken to 3379 suspend the franchise.
3380
City of Willits Franchise Agreement
81 3381 C. Labor Dispute - City Assumption of Duties - Authorized 3382
3383 In the event the refuse Collection of a Grantee is interrupted by a labor dispute and 3384 scheduled Collections are discontinued for more than seventy-two (72) hours, the City shall have 3385 the right to forthwith take temporary possession of all facilities and equipment of the Grantee for 3386 the purpose of continuing the service which the Grantee has agreed to provide in order to 3387 preserve and protect the public health and safety. The City shall have the right to retain 3388 possession of such facilities and equipment and to render the required service, until the Grantee 3389 can demonstrate to the satisfaction of the City that required services can be resumed by the 3390 Grantee; provided, however, that such temporary assumption of the Grantee's obligations under 3391 this Agreement shall not be continued by the City for more than one hundred twenty (120) days 3392 from the date such operations were undertaken. Should the Grantee fail to demonstrate to the 3393 satisfaction of the City that required services can be resumed by the Grantee prior to the 3394 expiration of the aforementioned one hundred twenty (120) days, the rights and privileges 3395 granted to the Grantee may be forfeited and the franchise granted herein may be terminated. 3396
3397 Should the City exercise its right to take temporary possession of Grantee’s facilities used 3398 in providing service under this Agreement, City shall recognize Grantee’s obligations to provide 3399 service in accordance with other agreements and shall cooperate with Grantee in its efforts to 3400 provide such other service using the Grantees facilities in the City’s temporary possession. 3401
3402 D. Labor Dispute - City Assumption of Duties - Use of Revenue 3403
3404 During any period in which the City has temporarily assumed the obligations of the 3405 Grantee under this Agreement, the City shall be entitled to the Adjusted Gross Revenues 3406 attributable to operations during such period and shall pay there from only those costs and 3407 expenses, including a reasonable rental for use of trucks and equipment, applicable or allocable 3408 to the period. The excess, if any, of revenue over applicable or allocable costs and expenses 3409 during such period shall be deposited in the treasury of the City to the credit of the General Fund. 3410 Final adjustment and allocation of Adjusted Gross Revenues, costs, and expenses to the period 3411 during which the City temporarily assumed the obligations of the Grantee shall be determined by 3412 an audit, by a certified public accountant or licensed public accountant, and prepared in report 3413 form with that person’s unqualified opinion annexed thereto. 3414
3415 E. Labor Dispute - City Assumption of Duties – Employees 3416
3417 Employees of the Grantee may be employed (providing employee consents) by the City 3418 during any period in which the City temporarily assumes the obligations of the Grantee under 3419 this Agreement; provided, however, that the rate of compensation to be paid to the employees, or 3420 any other employees, shall be the rate or rates in effect at the time the Grantee's service was 3421 interrupted by the labor dispute, and the terms and conditions of employment shall be the same 3422 as provided by the Grantee.
3423
3424
City of Willits Franchise Agreement
82 3425 SECTION 21 - GENERAL PROVISIONS
3426
3427 A. Entire Agreement
3428
3429 This Agreement, including the exhibits, represents the full and entire Agreement between 3430 the City and Grantee with respect to the matters covered herein. 3431
3432 B. Force Majeure
3433
3434 Neither party shall be in default under this Agreement in the event and for so long as it is 3435 impossible or extremely impracticable for it to perform its obligations due to any of the 3436 following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, natural 3437 disasters such as floods, earthquakes, landslides, fires, and volcanic eruptions, strikes, lockouts 3438 and other labor disturbances or other catastrophic events which are beyond the reasonable 3439 control of Grantee. Labor unrest, including but not limited to strike, work stoppage or 3440 slowdown, sick-out, picketing, or other concerted job action conducted by Grantee's employees 3441 or directed at Grantee is not an excuse from performance and Grantee shall be obligated to 3442 continue to Collect and Dispose of Solid Waste, notwithstanding the occurrence of any or all of 3443 such events; provided, however, that labor unrest or job action directed at a third party over 3444 whom Grantee has no control, shall excuse performance. 3445
3446 A party claiming excuse under this Section must (i) have taken reasonable precautions to 3447 avoid being affected by the cause, and (ii) notify the other party in writing within 5 days after the 3448 occurrence of the event specifying the nature of the event, the expected length of time that the 3449 party expects to be prevented from performing, and the steps which the party intends to take to 3450 restore its ability to perform.
3451
3452 In the event a labor disturbance interrupts Collection, Transportation Disposal, and/or 3453 Processing of Solid Waste or Recyclable Materials by Grantee as required under this Agreement, 3454 City may elect to exercise its rights under Section 20 of this Agreement. 3455
3456 C. Notice Procedures
3457
3458 All notices, demands, requests, proposals, approvals, consents, and other communications 3459 which this Agreement requires, authorizes, or contemplates shall be in writing and shall either be 3460 personally delivered to a representative of the Parties at the address below or deposited in the 3461 United States mail, first class postage prepaid, addressed as follows:
3462
3463 A. If to City:
3464
3465 City Manager
3466 City of Willits
3467 111 E. Commercial Street
3468 Willits, CA 95490
City of Willits Franchise Agreement
83 3469
3470 B. If to Grantee:
3471
3472 Redwood Waste Solutions, Inc.
3473 , President
3474 PO Box 1425
3475 Willits, CA 95490
3476
3477 The address to which communications may be delivered may be changed from time to 3478 time by a notice given in accordance with this Section. 3479
3480 All notices required or given pursuant to this title shall be deemed properly served on the 3481 day it is personally delivered or when deposited, postage prepaid, in the United States mail, 3482 addressed to the address provided to the Department. 3483
3484 D. Independent Contractor
3485
3486 Grantee is an independent contractor and not an officer, agent, servant, or employee of 3487 City. Grantee is solely responsible for the acts and omissions of its officers, agents, employees, 3488 Grantees and Subcontractors, if any. Nothing in this Agreement shall be construed as creating a 3489 partnership or joint venture between City and Grantee. Neither Grantee nor its officers, 3490 employees, agents, or Subcontractors shall obtain any rights to retirement or other benefits which 3491 accrue to City employees.
3492
3493 E. Roadway Damage
3494
3495 Grantee shall be responsible for any extraordinary damage (not including normal wear) 3496 caused by Grantee's negligence to City's driving surfaces, whether or not paved, resulting from 3497 the weight of vehicles providing Collection services at the location of Bins and Containers on 3498 public property. This Agreement does not purport to affect, in any way, Grantee's civil liability 3499 to any third parties
3500
3501 F. Property Damage
3502
3503 Any physical damage caused by the negligent or willful acts or omissions of employees, 3504 Grantees or Subcontractors of the Grantee to private or public property shall be repaired or 3505 replaced by Grantee, at Grantee's sole expense.
3506
3507 G. Compliance with City Code
3508
3509 Grantee shall comply with those provisions of the City Code which are applicable, and 3510 with any and all amendments to such applicable provisions during the term of this Agreement, 3511 subject to Section 1C.
3512
City of Willits Franchise Agreement
84 3513 H. Severability
3514
3515 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this 3516 Agreement or any part thereof is, for any reason, held to be illegal, such decision shall not affect 3517 the validity of the remaining portions of this Agreement or any part thereof, except as 3518 specifically set forth herein.
3519
3520 I. Waiver or Modification
3521
3522 No waiver, alteration, or modification of any of the provisions of this Agreement shall be 3523 binding unless in writing and signed by a duly authorized representative of both parties to this 3524 Agreement.
3525
3526 J. Forum Selection
3527
3528 Grantee and City stipulate and agree that any litigation relating to the enforcement or 3529 interpretation of this Agreement, arising out of Grantee's performance, or relating in any way to 3530 the work shall be brought in Superior Court in Mendocino County. 3531
3532 K. Court Costs and Attorney Fees
3533
3534 In the event legal action is instituted by either Party to enforce this Agreement, including but not 3535 limited to any action for declaratory relief, each party shall be solely responsible for and bear its 3536 own attorneys’ fees, regardless of which party prevails. 85 IN WITNESS WHEREAS, the parties hereto, by their duly authorized representatives, have affixed their hands on the day and year this Agreement first written above.

CITY OF WILLITS:

By: _____________________________
Mayor
Date: ___________________________
GRANTEE:

By:

Date: ____________________________
ATTEST:

City Clerk
By: ____________________________

APPROVED AS TO FORM
H. James Lance
City Counsel

By:______________________________
City of Willits Franchise Agreement
Franchise Agreement - Exhibits 86
Exhibit A – Single Family Services
A.1 Source Separated Recyclable Materials Collection (Blue Container Collection)
Grantee shall Collect Source Separated Recyclable Materials placed in Grantee-provided Blue Carts (or otherwise placed in accordance with this Section) one (1) time per week from SingleFamily Customers and shall Transport all Source Separated Recyclable Materials to the Designated or Approved Source Separated Recyclable Materials Processing Facility for Processing.

Containers: Carts
Container Sizes: 95-gallon Blue Carts (or as otherwise specified in Section 5.B(2) of the Agreement)
Grantee shall provide Single-Family Customers with one (1) Blue Container.

Container Type: Single compartment
Service Frequency: One (1) time per week on the same day as SSGCOW and Gray Container Waste Collection services or, for customers who have received a Collection Frequency Waiver in accordance with Section 6.H of the Agreement, one (1) time everyother-week (EOW) or every month on the same day as SSGCOW and Gray Container Waste Collection services.

Service Location: Curbside or other authorized Collection location if the Customer is physically unable to move the Collection Containers to the curb and is eligible for such service at no additional charge or from a Customer who is willing to pay the additional roll-out charge set by the City for such service.

Acceptable Materials: Source Separated Recyclable Materials Prohibited Materials: Materials designated for the Gray Container, materials designated as acceptable SSGCOW, Excluded Waste
A.2 SSGCOW Collection (Green Container Collection)
At a minimum in “Areas Subject to SB 1383 Organic Waste Collection Requirements” and “Additional Existing Organic Waste Collection Area”, as shown in Exhibit E - Franchise Area Maps, Grantee shall Collect SSGCOW placed in Grantee-provided Green Carts (or otherwise placed in accordance with this Section) one (1) time per week from Single-Family Customers and Transport all SSGCOW to the Designated or Approved Organic Waste Processing Facility for Processing.

Containers: Carts
Container Sizes: 95-gallon Green Carts
Grantee shall provide Single-Family Customers with one (1) Green Container.

Container Type: Single compartment
City of Willits Franchise Agreement
Franchise Agreement - Exhibits 87
Service Frequency: One (1) time per week on the same day as Source Separated Recyclable Materials and Gray Container Waste Collection service.

Acceptable Materials: SSGCOW (including Yard Trimmings and Food Waste) Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated for the Gray Container, Compostable Plastics, Excluded Waste
Other Requirements: Size requirements: SSGCOW placed for Collection may not exceed six (6) inches in diameter and three (3) feet in length and must fit in the provided Cart.

A.3 Gray Container Waste Collection (Gray Container Collection) Grantee shall Collect Gray Container Waste placed in Grantee-provided Gray Carts one (1) time per week from Single-Family Customers and Transport all Gray Container Waste to the Designated or Approved Disposal Facility for Disposal.

Containers: Carts
Container Sizes: 20-, 35-, 65-, and 95-gallons Gray Carts (or comparable sizes approved by the City) as requested by Customer.

Standard Container is a 65-gallon Cart unless Customer requests alternative size.

Grantee shall provide Single-Family Customers with one (1) Gray Container.

Container Type: Single compartment
Service Frequency: One (1) time per week on the same day as Source Separated Recyclable Materials and SSGCOW collection service or, for customers who have received a Collection Frequency Waiver in accordance with Section 6.H of the Agreement, one (1) time every-other-week (EOW) or every month on the same day as Source Separated Recyclable Materials and SSGCOW collection service.

Acceptable Materials: Gray Container Waste
Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated for acceptable SSGCOW, Excluded Waste Other Requirements: None.

City of Willits Franchise Agreement
Franchise Agreement - Exhibits 88
A.4 Residential Rates
City of Willits Franchise Agreement
Franchise Agreement - Exhibits 89
Residential Customers New Rate
20 gallon cart $ 19.60
35 gallon cart 34.64
65 gallon cart 74.69
95 gallon cart 93.93
20 gallon cart-roll-out 29.28
35 gallon cart-roll-out 44.32
65 gallon cart-roll-out 84.38
95 gallon cart-roll-out 103.60
Restart Fee 5.00
City of Willits Franchise Agreement
Franchise Agreement - Exhibits 90
Exhibit B – Multi-Family, Commercial, and Industrial Services B.1 Source Separated Recyclable Materials Collection (Blue Container Collection) A. Grantee shall Collect Source Separated Recyclable Materials placed in Grantee-provided Blue Containers from Multi-Family and Commercial Customers and shall Transport all Source Separated Recyclable Materials to the Designated or Approved Source Separated Recyclable Materials Processing Facility for Processing. Grantee shall provide service at the frequency requested by Customers, up to the maximum service frequency. Source Separated Recyclable Materials Collection services shall be provided by Grantee to Multi-Family and Commercial Customers that enroll for Gray Container Collection service.

Containers: Carts, Bins, Drop Boxes, Compactors
Container Sizes: Sizes described in Rate Sheets included in Section B.4.

Grantee shall provide Multi-Family and Commercial Premises with Container(s) consistent with the Customer’s Service Level.

Container Type: Single compartment
Service Frequency: For Carts, one (1) time per week for each Customer. If the Customer requires more frequent service, Grantee shall provide the Customer with a larger container that only requires service one (1) time per week. Grantee shall provide the specific Collection frequency within this range as requested by Customer and as shown on Rate Sheets in Section B.4.

Service Location: Curbside or other Customer-selected service location (including but not limited to an on-site enclosure) at the Multi-Family or Commercial Premises; Grantee may charge City-approved roll-out Rates if the service location is greater than ten (10) feet from the nearest point that a Collection vehicle can access from a paved surface.

Grantee shall provide on-Premises service at no additional charge for MultiFamily Customers with two (2) or more dwelling units.

Acceptable Materials: Source Separated Recyclable Materials Prohibited Materials: Materials designated for the Gray Container, materials designated as acceptable SSGCOW, Excluded Waste
Other Requirements: New service: Grantee shall make contact with each and every Multi-Family and Commercial Customer in advance of the commencement of new Recyclable Material Collection Service to determine appropriate Container sizes and service frequency.

Service Level Assessment: If Grantee observes a situation in which a Service Level adjustment may be warranted for a Customer’s needs, compliance with SB 1383 Regulations, or to manage environmental impacts associated with Collection efficiency, Grantee may recommend a Service Level adjustment for the Customer to the City. The City will review the Customer’s Service Level and engage with the Customer to make a final determination of appropriate City of Willits Franchise Agreement
Franchise Agreement - Exhibits 91
Service Levels. If Service Level changes are warranted, Grantee shall adjust Service Levels within fourteen (14) days of City concurrence.

Container access: Grantee shall open and close gates, push and/or pull Containers, lock, and unlock Containers, or perform other services as reasonably necessary to access and service Containers, and shall charge City-approved Rates for such service. A push/pull of Containers up to ten (10) feet from the enclosure/Container location to the Collection vehicle and push/pull of the Container to its original location will be provided at no additional charge to the Customer.

Contamination: Grantee may refuse to Collect a Blue Container that contains Prohibited Container Contaminants if Grantee complies with the contamination noticing process described in Section 6.D of this Agreement. For Customers with repeated incidents of contamination, Grantee may assess a contamination processing fee in accordance with Section 6.D of this Agreement.

B.2 SSGCOW Collection (Green Container Collection)
At a minimum in “Areas Subject to SB 1383 Organic Waste Collection Requirements” and “Additional Existing Organic Waste Collection Area”, as shown in Exhibit E - Franchise Area Maps, Grantee shall Collect SSGCOW in Grantee-provided Green Containers not less than one (1) time per week from Multi-Family and Commercial Customers and shall Transport all SSGCOW to the Designated or Approved Organic Waste Processing Facility for Processing.

Grantee shall provide service at the frequency requested by Customers, up to the maximum service frequency. SSGCOW Collection services shall be provided by Grantee to Multi-Family and Commercial Customers that enroll in Gray Container Collection service at no additional charge to Customer or at City-approved Rates.

Containers: Carts, Bins, Drop Boxes
Container Sizes: Sizes described in Rate Sheets included in Section B.4.

Grantee shall provide Multi-Family and Commercial Premises with Container(s) consistent with each Customer’s Service Level.

Service Location: Curbside or other Customer-selected service location at the Multi-Family or Commercial Premises; Grantee may charge an additional City-approved roll-out Rate if the service location is greater than ten (10) feet from the nearest point that a Collection vehicle can access from a paved surface.

Grantee shall provide on-Premises service at no additional charge for MultiFamily Customers with two (2) or more dwelling units.

Acceptable Materials: SSGCOW (including Yard Trimmings and Food Waste) City of Willits Franchise Agreement
Franchise Agreement - Exhibits 92
Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated for the Gray Container, Compostable Plastics, Excluded Waste
Other Requirements: New Service: Grantee shall make contact with each and every Multi-Family and Commercial Customer in advance of the commencement of the new SSGCOW Collection Service to determine appropriate Container sizes and service frequency.

Service Level Assessment: If Grantee observes a situation in which a Service Level adjustment may be warranted for a Customer’s needs, compliance with SB 1383 Regulations, or to manage environmental impacts associated with Collection efficiency, Grantee may recommend a Service Level adjustment for the Customer to the City. The City will review the Customer’s Service Level and engage with Customer to make a final determination of appropriate Service Levels. If Service Level changes are warranted, Grantee shall adjust Service Levels within fourteen (14) days of request.

Size requirements: SSGCOW placed for Collection may not exceed six (6) inches in diameter and three (3) feet in length and must fit in the provided Cart or Bin.

Container access: Grantee shall open and close gates, push and/or pull Containers, lock, and unlock Containers, or perform other services as reasonably necessary to access and empty Containers, and shall charge the City-approved Rates for such service. A push/pull of Containers up to ten (10) feet from the enclosure/Container location to the Collection vehicle and push/pull of the Container to its original location will be provided at no additional charge to the Customer.

Contamination: Grantee may refuse to Collect a Green Container that contains Prohibited Container Contaminants if Grantee complies with the contamination noticing process described in Section 6.D of this Agreement. For Customers with repeated incidents of contamination, Grantee may assess a contamination processing fee in accordance with Section 6.D of this Agreement.

B.3 Gray Container Waste Collection (Gray Container Collection) Grantee shall Collect Gray Container Waste placed in Grantee-provided Gray Containers not less than one (1) time per week from Multi-Family and Commercial Customers and Transport all Gray Container Waste to the Designated or Approved Disposal Facility for Disposal. Grantee shall provide service at the frequency requested by Customers, up to the maximum service frequency.

Containers: Carts, Bins, Drop Boxes, Compactors
Container Sizes: Sizes described in Rate Sheets included in Section B.4.

Grantee shall provide Multi-Family and Commercial Premises with Container(s) consistent with each Customer’s Service Level.

Container Type: Single compartment
Service Frequency: For Carts, one (1) time per week for each Customer. If the Customer requires City of Willits Franchise Agreement
Franchise Agreement - Exhibits 93
more frequent service, Grantee shall provide the Customer with a larger container that only requires service one (1) time per week. Grantee shall provide the specific Collection frequency within this range as requested by Customer and as shown on Rate Sheets in Section B.4.

For Customers that receive Collection frequency waivers pursuant to Section 6.H of the Agreement, Collection shall be provided one (1) time every two (2) weeks on the same day as SSGCOW and Source Separated Recyclable Materials Collection services.

Service Location: Curbside or other Customer-selected service location at the Multi-Family or Commercial Premises; Grantee may charge additional City-approved roll-out Rates if the service location is greater than ten (10) feet from the nearest point that a Collection vehicle can access from a paved surface.

Grantee shall provide on-Premises service at no additional charge for MultiFamily Customers with two (2) or more dwelling units.

Acceptable Materials: Gray Container Waste
Prohibited Materials: Materials designated as acceptable Source Separated Recyclable Materials, materials designated as acceptable SSGCOW, Excluded Waste Additional Service: Special pick-ups: Special pick-ups requested by a Customer, on days other than their regularly scheduled Collection day, shall be provided by Grantee at a Cityapproved Rate.

Other Requirements: New service: Grantee shall make contact with each and every Multi-Family and Commercial Customer in advance of the commencement of the new Collection Service to determine appropriate Container sizes and service frequency.

Service Level Assessment: If Grantee observes a situation in which a Service Level adjustment may be warranted for a Customer’s needs, compliance with SB 1383 Regulations, or to manage environmental impacts associated with Collection efficiency, Grantee may recommend a Service Level adjustment for the Customer to the City. The City will review the Customer’s Service Level and engage with Customer to make a final determination of appropriate Service Levels. If Service Level changes are warranted, Grantee shall adjust Service Levels within fourteen (14) days of request.

Container access: Grantee shall open and close gates, push and/or pull Containers, lock, and unlock Containers, or perform other services as reasonably necessary to access and service Containers, and shall charge the City-approved Rates for such service. A push/pull of Containers up to ten (10) feet from the enclosure/Container location to the Collection vehicle and push/pull of the Container to its original location will be provided at no additional charge to the Customer.

City of Willits Franchise Agreement
Franchise Agreement - Exhibits 94
B.4 Multi-Family Dwelling,
Commercial and Industrial Rates
City of Willits Franchise Agreement
Franchise Agreement - Exhibits 95
Commercial Customers New Rate
1 yard container
1/week $ 299.09
2/week 525.87
3/week 802.34

1.5 yard container
1/week 334.00
2/week 595.84
3/week 905.33
2 yard container
1/week 403.85
2/week 737.26
3/week 1,116.77
3 yard container
1/week 558.72
2/week 1,005.64
3/week 1,609.01
4 yard container
1/week 700.14
2/week 1,260.20
3/week 1,924.22
6 yard container
1/week 1,079.61
2/week 1,943.29
3/week 3,109.39
35 gallon cart
1/week 40.98
2/week 79.94
65 gallon cart
1/week 81.97
2/week 159.81
95 gallon cart
1/week $ 106.94
2/week 206.99
Container Locking Fee 8.00
Locks each 20.00
Container Delivery Fee 59.89
Restart Fee 16.00
Industrial Customers New Rate
4 yard container $ 221.63
20 yard drop box 831.02
30 yard drop box 1,004.39
40 yard drop box 1,296.34
50 yard drop box 1,673.07
10 yard compactor 1,014.75
12 yard compactor 1,094.86
Delivery fee
4 yard container 74.64
Drop Box 95.90
Overload Charge per yard 29.94
Recycling Sled 268.66
City of Willits Franchise Agreement
Franchise Agreement - Exhibits 96
Exhibit C – Processing, Transfer, and Disposal Services In the event the City does not provide the Grantee a Designated Facility, Grantee shall select and arrange for Discarded Materials to be transported to Approved Facilities for Transfer, Processing, and/or Disposal in accordance with this Exhibit. The Approved Facilities shall comply with the standards specified in this Exhibit and with all applicable State statutes, including, but not limited to, AB 901, AB 939, SB 1016, AB 341, AB 1594, AB 1826, and SB 1383, and corresponding regulations. In the event the City does not provide the Grantee a Designated Facility, if the Grantee does not own or operate one or more Approved Facilities, Grantee shall enter into an agreement with the owner or Facility operator of such Approved Facility(ies). Such an agreement shall ensure compliance with all applicable standards, statutes and regulations listed above.

C.1 General Requirements
A. Overview. Grantee agrees to Transport Discarded Materials it Collects in the City to appropriate Designated or Approved Facility(ies) for Transfer, Processing, or Disposal, as applicable for each type of Discarded Material. As of the Commencement Date of this Agreement, the Designated and Approved Facilities are listed in the table in this Section C.1 of Exhibit C and in the definitions in Section 2 of this Agreement. Grantee will perform all Transfer, Processing, and Disposal services at Approved Facilities in accordance with Applicable Law, standard industry practice, and specifications and other requirements of this Agreement.

B. Facility Approval Process. In the event the City does not provide the Grantee a Designated Facility, Grantee shall submit in writing to City a proposal for an Approved Facility for Transfer, Processing, and/or Disposal of Discarded Materials. In the proposal, Grantee shall include the following information:
a. Facility’s site information, including name and contact information of Operator, SWIS number, and State permit status.
b. Current disposal fee charged by the Facility and fee adjustment protocols. c. Facility’s capacity to Transport, Process and Dispose of Discarded Materials. d. Assurances of the Facility’s compliance with the standards specified in this Exhibit and with all applicable State statutes, including, but not limited to, AB 901, AB 939, SB 1016, AB 341, AB 1594, AB 1826, and SB 1383, and corresponding regulations.

Upon receipt of the written proposal for an Approved Facility from Grantee, City shall have fourteen (14) calendar days to review the proposal and either approve or deny the request in writing. City may extend the fourteen (14) day period, at its own discretion, to provide more time for evaluation of the request and negotiation with the Grantee.

A table listing Approved Facilities in this Exhibit shall be added and/or modified accordingly to reflect the new Approved Facility(ies).

City of Willits Franchise Agreement
Franchise Agreement - Exhibits 97
If Grantee is not the owner of the new Approved Facility, Grantee shall enter into an agreement with the Facility operator of the new Approved Facility to require compliance with the requirements of Section 10 of this Agreement and this Exhibit unless Director waives one or more requirements.

C. Facility Capacity Guarantee. In the event the City does not provide the Grantee a Designated Facility, Grantee shall guarantee sufficient capacity over the remaining Term of this Agreement to Transport, and Process all Source Separated Recyclable Materials, Yard Trimmings, Food Waste, SSGCOW, and C&D Collected under this Agreement and to Transport and Dispose all Gray Container Waste Collected under this Agreement. Grantee shall cause the Approved Facility(ies) to recover or Process the Discarded Materials as appropriate; market the Source Separated Recyclable Materials, SSGCOW, Yard Trimmings, Food Waste, and C&D recovered from such operations; and Dispose of Residue. Grantee shall cause Approved Facility(ies) for Disposal to Dispose of Gray Container Waste. Grantee shall provide the City, upon request, with documentation demonstrating the availability of such Transport, Processing, and Disposal capacity.

D. Equipment and Supplies. In the event the City does not provide the Grantee a Designated Facility, Grantee shall ensure Facility operator equips and operates the Approved Facilities in a manner to fulfill Grantee’s obligations under this Agreement, including achieving all applicable standards for records, inspections, investigations, Landfill Disposal reduction, Recycling, recovery, Diversion, Residue amount and content, and final product quality standards.

E. Facility Permits. Grantee shall ensure Facility operator keeps all existing permits and approvals necessary for use of the Approved Facility(ies), in full regulatory compliance.

Grantee, or Facility operator, shall, upon request, provide copies of permits or other approvals and/or notices of violation of permits to the City.

Franchise Agreement - Exhibits 98
Designated and Approved Facilities
F. Grantee-Initiated Change in Facility(ies). In the event the City does not provide the Grantee a Designated Facility, Grantee may change its selection of one or more of the Approved Facility(ies) following Director’s written approval, which may be conditioned on various factors including, but not limited to: the performance of the current versus proposed Facility, the permitting status of and LEA inspection records related to the proposed Facility, the distance of the Facility from the City, and any other factor that may reasonably degrade the value received by the City. If Grantee elects to use a Facility(ies) that is(are) not listed on the then-current list of Designated or Approved Facility(ies) in this Exhibit, it shall submit a written request for approval to the City fourteen (14) days prior to the desired date to use the Facility and shall obtain the Director’s written approval prior to use of the Facility. Grantee’s compensation and Rates shall not be adjusted for a Grantee-initiated change in Facilities.

G. Notification of Emergency Conditions. Each Approved Facility shall notify the City of any unforeseen operational restrictions that have been imposed upon the Facility by a regulatory agency or any unforeseen equipment or operational failure that will temporarily prevent the Facility from Processing the Discarded Materials Collected under this Agreement. Grantee shall notify the City in accordance with Section 21.C of the Agreement.

H. Approved Facility Unavailable/Use of Alternative Facility. If Grantee is unable to use a Designated or Approved Facility due to a sudden unforeseen closure of the Facility or other emergency condition(s) described in this Exhibit, Grantee may use an Alternative Facility provided that the Grantee provides verbal and written notice to the Director and receives written approval from the Director at least twenty-four (24) hours prior to the use of an Alternative Facility to the extent reasonably practical given the nature of the emergency or sudden closure. The Grantee’s written notice shall include a description of the reasons the Designated or Approved Facility is not feasible, and the period of time Grantee proposes to Material Type Designated or Approved Facility
(Processing and/or Disposal Facility)
Source Separated
Recyclable Materials
Approved Source Separated Recyclable Materials Processing Facility:

Willits Solid Waste Transfer Station and Recycling Center, SWIS 23-AA-0038, Solid Waste of Willits, 351 Franklin
Avenue, Willits, CA
SSGCOW Approved Organic Waste Processing Facility:

Cold Creek Compost, Inc., SWIS 23-AA-0029, 6000 Potter
Valley Road, Potter Valley , CA
Gray Container Waste Approved Disposal Facility:

Willits Solid Waste Transfer Station and Recycling Center, SWIS 23-AA-0038, Solid Waste of Willits, 350 Franklin
Avenue, Willits, CA
Franchise Agreement - Exhibits 99
use the Alternative Facility. As appropriate for the type of Discarded Materials to be delivered to the Alternative Facility, the Alternative Facility shall meet the applicable Facility standards in this Agreement and shall be sent to: (i) an allowable Facility, operation, or “Organic Waste Recovery Activity” as defined in 14 CCR Section 18982(a)(49) and not subsequently used in a manner deemed to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a); (ii) a Transfer Facility; or, (iii) a Disposal Facility. If Grantee is interested in using a Facility or activity not listed above and not specifically identified in 14 CCR Section 18983.1(b), the Grantee shall be responsible for securing the approvals from CalRecycle pursuant to 14 CCR Section 18983.2 that the Facility’s Process or technology constitutes a reduction of Landfill Disposal pursuant to 14 CCR Section 18983.1(a) prior to the City’s final approval of such Facility or activity.

If any Designated Facility specified in this Exhibit becomes unavailable for use by Grantee for Discarded Materials Collected in the City for a period of more than two (2) days, City may designate an Alternative Facility pursuant to Section 10 of this Agreement and this Exhibit C. The Parties agree that a Designated or Approved Facility shall only be deemed to be “unavailable” if one or more of the following has occurred: (i) a Force Majeure event as described in Section 21.B of this Agreement has occurred; (ii) a Facility has lost one or more permits to operate; (iii) a Facility has exhibited a pattern of violation through the receipt of repeated notices of violation from one or more regulatory agencies. Further, the Parties agree that a Facility shall only be deemed to be “unavailable” if the lack of availability of the Facility is not due to Grantee’s negligence, illegal activity, neglect, or willful misconduct. At City’s request, Grantee shall research and propose Alternate Facility(ies) for the impacted Discarded Material(s) and shall submit a written analysis and recommendation to the City within seven (7) days concerning the cost for use of Alternative Facility(ies) and any logistical changes that would be required to utilize such Alternative Facility(ies). City and Grantee will discuss the advantages and disadvantages of use of the potential Alternative Facility(ies) and City will designate the approved Alternative Facility(ies). The decision of the City shall be final. The change in Facility shall be treated as City-directed change in scope pursuant to Section 15 of this Agreement.

In the event an Approved Facility becomes unavailable due to the negligence, illegal activity, neglect, or willful misconduct of Grantee, Grantee shall bear all additional costs for use of an Alternative Facility including increased Processing costs, Disposal Costs, Transportation costs, Transfer costs, and all other costs.

I. Discarded Materials Monitoring/Waste Evaluation Requirements. In areas that have not received a waiver pursuant to 14 CCR Section 18984.12(a), Grantee shall conduct material sampling, sorting, and waste evaluations of various material streams as further described in this Exhibit C, Section C.6 to meet or exceed SB 1383 Regulatory requirements.

J. Compliance with Applicable Law. Grantee warrants throughout the Term that any Approved Facilities are respectively authorized and permitted to accept Discarded Materials in accordance with Applicable Law and are in full compliance with Applicable Law.

Franchise Agreement - Exhibits 100
K. Records and Investigations. Grantee shall maintain accurate records of the quantities of Discard Materials Transported to and Accepted at the Designated or Approved Facility(ies) and shall cooperate with City and any regulatory authority in any audits or investigations of such quantities.

L. Inspection and Investigations. Grantee shall ensure an authorized City employee or agent shall be allowed to enter each Approved Facility during normal working hours in order to conduct inspections and investigations in order to examine Facility operations; Processing activities; contamination monitoring; material sampling and sorting activities, including inspection of end-of-line materials after sorting; and records pertaining to the Facility in order to assess compliance with this Agreement, to understand protocols and results, and conduct investigations, if needed. Grantee shall ensure City or its agent will be permitted to review or copy, or both, any paper, electronic, or other records required by City.

C.2 Processing Standards
A. Recovery Required. Grantee agrees to Transport and deliver all Source Separated Recyclable Materials, and SSGCOW Collected under this Agreement to a Designated or Approved Facility for Processing as applicable for each material type.

B. Separate Handling Requirements

1. Grantee shall keep Source Separated Recyclable Materials and SSGCOW separate from each other and separate from other any other material streams.

2. Pursuant to 14 CCR Section 17409.5.6(a)(1), Remnant Organic Material separated from the Gray Container Waste for recovery can be combined with Organic Waste removed from the SSGCOW for recovery once the material from the SSGCOW has gone through the Organic Waste recovery measurement protocol described in 14 CCR Sections 17409.5.4 and 17409.5.5.

C. Source Separated Recyclable Materials Processing Standards In the event the City does not provide the Grantee a Designated Facility, Grantee shall arrange for Processing of all Source Separated Recyclable Materials at a Facility that recovers materials designated for Collection in the Blue Container and in a manner deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a), which states that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste as Alternative Daily Cover (ADC) or Alternative Intermediate Cover (AIC).

D. SSGCOW Processing Standards

1. In the event the City does not provide the Grantee a Designated Facility, Grantee shall arrange for Processing of all SSGCOW at a Facility that recovers Source Separated Organic Waste and, in a manner, deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a) which states that Landfill Disposal includes final Franchise Agreement - Exhibits 101
deposition of Organic Waste at a Landfill or use of Organic Waste as Alternative Daily Cover (ADC) or Alternative Intermediate Cover (AIC).

2. In the event the City does not provide the Grantee a Designated Facility, Grantee shall arrange for SSGCOW Processing at an Approved Organic Waste Processing Facility that meets one or more of the following criteria, and such Facility or operation is capable of and permitted to accept and recover the types of Organic Wastes included in the SSGCOW:
a. A “Compostable Material Handling Operation or Facility” as defined in 14 CCR Section 17852(a)(12); small composting facilities that are otherwise excluded from that definition; or Community Composting as defined in 14 CCR Section 18982(a)(8). The compostable materials handling operation or Facility shall, pursuant to 14 CCR Section 17867(a)(16), demonstrate that the percentage of Organic Waste in the materials sent to Disposal is:
i. On and after January 1, 2023, less than 20 percent (20%); and, ii. On and after January 1, 2024, less than 10 percent (10%). b. An “In-vessel Digestion Operation or Facility” as defined in 14 CCR Section 17896.5. The in-vessel digestion facility or operation shall, pursuant to 14 CCR Section 17896.44.1, demonstrate that the percentage of Organic Waste in the materials sent to Disposal is:
i. On and after January 1, 2023, less than 20 percent (20%); and, ii. On and after January 1, 2024, less than 10 percent (10%). c. A “Biomass Conversion Operation” as defined in Section 40106 of the California Public Resources Code.
d. Soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a Landfill, that is defined as a reduction in Landfill Disposal pursuant to 14 CCR Section 18983.1(b)(5).
e. Land application of compostable materials consistent with 14 CCR Section 17852(a)(24.5) and subject to the conditions in 14 CCR Section 18983.1(b)(6). f. Lawful use of animal feed, as set forth in California Food and Agricultural Code Section 14901 et seq. and Title 3, Division 4, Chapter 2, Subchapter 2 commencing with 14 CCR Article 1, Section 2675.
g. Other operations or facilities with processes that reduce short-lived climate pollutants that are approved by the State in accordance with 14 CCR Section 18983.2.

Franchise Agreement - Exhibits 102
If Grantee is interested in using an operation, Facility, or activity not expressly identified above and not specifically identified in 14 CCR Section 18983.1(b) for SSGCOW Processing, Grantee shall be responsible for securing the necessary approvals from CalRecycle, pursuant to 14 CCR Section 18983.2, that the Facility’s Process or technology constitutes a reduction in Landfill Disposal pursuant to 14 CCR Section 18983.1(b)(8) prior to the City’s final approval of such operation, Facility, or activity.

E. Disposal of Source Separated Recyclable Materials and SSGCOW Prohibited. With the exception of Processing Residue, Source Separated Recyclable Materials and SSGCOW collected under this Agreement may not be Disposed of in lieu of Recycling, Processing, or marketing the material, without the expressed written approval of the Director.

If for reasons beyond its reasonable control, Grantee believes that it cannot avoid Disposal of the Source Separated Recyclable Materials and SSGCOW Collected in the City, then it shall prepare a written request for City approval to Dispose of such material. Such request shall contain the basis for Grantee’s belief (including, but not limited to, supporting documentation), describe the Grantee's efforts to arrange for the Processing of such material, the period required for such Disposal, and any additional information supporting the Grantee's request.

In addition, the request shall describe the Grantee’s proposed interim plans for implementation while the City is evaluating its request. If the City objects to the interim plans, the City shall provide written notice to the Grantee and request an alternative arrangement. The City shall consider the Grantee’s request and inform Grantee in writing of its decision within fourteen (14) days. Depending on the nature of the Grantee’s request, City may extend the fourteen (14) day period, at its own discretion, to provide more time for evaluation of the request and negotiation of an acceptable arrangement with the Grantee.

C.3 Gray Container Waste Disposal Standards
A. Disposal of Gray Container Waste Collected. Grantee shall Transport all Gray Container Waste Collected under this Agreement to a Designated or Approved Disposal Facility.

B. Disposal at Approved Facility. Grantee shall not Dispose of Gray Container Waste or Residue by depositing it on any public or private land, in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system or in any other manner which violates Applicable Laws.

C. Disposal Services. In the event the City does not provide the Grantee a Designated Facility, Grantee shall provide Disposal services at an Approved Disposal Facility that include, but are not limited to:

1. Operating, managing, and maintaining the Solid Waste fill areas, including the placement, burying, and compaction of Solid Waste in the refuse fill areas; stockpiling, placement, and compaction of daily cover, and if applicable, Alternative Daily Cover, Alternative Intermediate Cover, and final cover; management of fill operations with Franchise Agreement - Exhibits 103
regard to fill sequencing, side slopes configuration, and working face location and configuration.

2. Providing, operating, and maintaining all equipment, rolling stock, and supplies necessary for operations, closure, post-closure, and environmental monitoring; and,

3. Operating, maintaining, and managing leachate and Landfill gas management systems, groundwater monitoring and management systems, storm water drainage and control systems, treatment facilities, buildings, on-site roadways, utilities, and any other required facility elements.

C.4 Weighing of Discarded Materials
A. Maintenance and Operation. Section C.4 of Exhibit C applies to motor vehicle scales used at the Approved Facilities. Approved Facilities shall be equipped with one or more Statecertified motor vehicle scales in accordance with Applicable Law. Upon request, Grantee shall arrange for Facility operator to provide documentary evidence of such scale certification within ten (10) days of City’s request during the Term. Licensed weigh master(s) shall operate those scales to weigh all inbound and outbound Collection vehicles Transporting Discarded Materials and all Transfer vehicles Transporting materials to another site. Grantee shall arrange for Facility operator to provide City with access to weighing information at all reasonable times with 36-hour notice and permission from facility operator, and copies thereof within three (3) Business Days following the City’s request. Exceptions to weighing requirements are specified in this Exhibit C, Section C.4.G.

B. Vehicle Tare Weights for Approved Facility(ies). Within thirty (30) days prior to the Commencement Date, Grantee shall coordinate with the Facility operator(s) to ensure that all Collection vehicles used by Grantee to Transport Discarded Materials to Designated or Approved Facilities are weighed to determine unloaded (“tare”) weights. Grantee shall work with Facility operator(s) to electronically record the tare weight, identify vehicle as Grantee’s, and provide a distinct vehicle identification number for each vehicle. Grantee shall provide City with a report listing the vehicle tare weight information upon request. Grantee shall promptly coordinate with Facility operator to weigh additional or replacement Collection vehicles prior to Grantee placing them into service. Grantee shall check tare weights at least annually, or within fourteen (14) days of a City request and shall retare vehicles immediately after any major maintenance service that could impact the weight of the vehicle by more than fifty (50) pounds.

C. Substitute Scales. If any scale at a Designated or Approved Facility is inoperable, being tested, or otherwise unavailable, Grantee shall use reasonable business efforts to weigh vehicles on certified operating scale(s).

D. Estimates. Pending substitution of portable scales or during power outages, Facility operator shall estimate the Tonnage of the Discarded Materials Transported to and accepted at the Approved Facilities by utilizing the arithmetic average of each vehicle's recorded Tons of Discarded Materials delivered on its preceding three (3) deliveries.

Franchise Agreement - Exhibits 104
During any period of time the scales are out of service, Facility operator shall continue to record all information required by this Exhibit C for each delivery of Discarded Materials to the Approved Facilities and each load of material Transferred to another Approved Facility(ies).

E. Weighing Standards and Procedures. At the Designated or Approved Facilities Grantee shall ensure all vehicles delivering Discarded Materials are weighed and inbound weights recorded when the vehicles arrive at the Facility.

F. Records. Grantee shall maintain scale records and reports that provide information including date of receipt, inbound time, inbound and outbound weights (or tare weights) of vehicles, vehicle identification number, jurisdiction of origin of materials delivered, and type of material.

G. Exceptions to Weighing Requirements. If a Designated or Approved Facility does not have motor vehicle scales to weigh Grantee’s vehicles and Discarded Materials delivered to the Facility, Grantee shall obtain a receipt for delivery of the Discarded Materials that identifies the date and time of delivery, the type of material delivered, and the vehicle number. Grantee or Facility operator shall estimate the Tonnage of material delivered for each load based on the volumetric capacity of the vehicle and material density factors (e.g., pounds per cubic yard) approved by or designated by the Director.

H. Upon-Request Reporting. If vehicle receiving and unloading operations are recorded on video cameras at the Approved Facilities, Grantee shall ensure Facility Operator will make those videos available for City review during the Approved Facilities’ operating hours, upon request of the City, and provide the name of the driver of any particular load if available.

C.5 Excluded Waste
A. Inspection. Grantee will use standard industry practices to detect Excluded Waste and will not knowingly transport Excluded Waste to Designated or Approved Facility(ies).

B. Excluded Waste Handling and Costs. Grantee will arrange for or provide handling, Transportation, and delivery to a Recycling, incineration, or a Disposal facility permitted in accordance with Applicable Law of all Excluded Waste detected at the Designated or Approved Facility(ies). Grantee is solely responsible for making those arrangements or provisions and all costs thereof. Nothing in this Agreement will excuse the Grantee from the responsibility of handling Excluded Wastes that Grantee inadvertently accepts in a lawful manner and of arranging for the disposition of that Excluded Waste in accordance with Applicable Law.

C.6 Discarded Materials Evaluations at Approved Facilities A. General. Grantee shall ensure the following “evaluations” are conducted at Approved Facilities if required by Applicable Law referenced below:

Franchise Agreement - Exhibits 105

1. Gray Container Waste Evaluations.

If applicable pursuant to 14 CCR Section 17409.5.7, Grantee shall conduct waste evaluations of Gray Container Waste at the Approved Processing Facilities that receives Gray Container Waste in accordance with 14 CCR 17409.5.7.

2. Organic Waste Recovery Efficiency Evaluations. If applicable pursuant to 14 CCR Sections 17409.5.1 to 17409.5.5 and 17409.5.8, Grantee shall conduct waste evaluations at Approved Processing Facility(ies) in accordance with 14 CCR Sections 17409.5.1 to 17409.5.5 and 17409.5.8.

3. Evaluation of Organic Waste in Residuals. If applicable pursuant to 14 CCR Sections 17409.5.3, 17409.5.5, 17867, and/or 17896.44.1, Grantee shall conduct compliance evaluations of Organic Waste to determine the level of Organic Waste in materials sent for Disposal in accordance with 14 CCR Sections 17409.5.3 (transfer/processor for Mixed Waste), 17409.5.5 (transfer/processor for SSGCOW/SSBCOW), 17867 (Compost operations and facilities), and 17896.44.1 (In-vessel digestion operations and facilities).

B. Record Keeping and Reporting. For the evaluations described above, Grantee shall maintain all records and submit reports to CalRecycle as described in 14 CCR Division 7, Chapter 3, Article 6.3; 14 CCR Division 7, Chapter 3.1, Article 8; and 14 CCR Division 7, Chapter 3.2, Article 4; and, 14 CCR Sections 18815.5 and 18815.7, as applicable. Grantee shall report this information to the City on a quarterly basis in accordance with Exhibit G.

C. Scheduling of Evaluations. Grantee shall schedule evaluations during normal working hours. Grantee shall provide City notice of its intent to conduct evaluations at the Designated or Approved Facility(ies) at least ten (10) days in advance of the evaluations.

D. Observance of Study by City and/or CalRecycle. Grantee acknowledges that, upon request, a representative of the City, the LEA, and/or CalRecycle may oversee its next scheduled quarterly sampling and evaluation of any of the evaluations described in this Exhibit C, Section C.6.A, conducted at the Designated or Approved Facility(ies).

Franchise Agreement - Exhibits 106
Exhibit D – Performance Bonding Requirements
The City has the right to require the Grantee to post a performance bond not to exceed the sum of $1,000,000 which shall serve as security for the faithful performance by the Grantee of all the provisions and obligations of this Agreement.

Due to the demonstrated performance of the Grantee in the Collection and Transportation of Solid Waste in the City, the City hereby waives the requirement for the Grantee to post a performance bond. However, the City may, at any time during the Term of this Agreement, notify the Grantee in writing that this waiver has been rescinded and require the acquisition of a performance bond in the amount and with terms as specified by the City. City agrees that should this waiver be rescinded, the actual cost to the Grantee of the bond will be considered a new, City-imposed cost to the Grantee that may be recovered as a pass-through rate adjustment as described in Section 15 of this Agreement.

Franchise Agreement - Exhibits 107
Exhibit E – Franchise Area Maps
Franchise Agreement - Exhibits 108
Franchise Agreement - Exhibits 109
Exhibit F – Schedule for Performance Standards and
Liquidated Damages
City may assess Liquidated Damages pursuant to this Agreement if Grantee fails to fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement with regards to the time frame for accomplishing each event and nature of the responsibility associated with the event unless otherwise stated in this Exhibit.

COLLECTION RELIABILITY
Event of Non-Performance Liquidated
Damage
1 Maintain Collection Services. For each failure over five (5) during any rate period to Collect from all Customers on a route on the scheduled day (unless non-collection was warranted pursuant to this Agreement).
$25/Container
2 Start New Customer. For each failure over five (5) during Rate Period to commence service to a new Customer within seven (7) calendar days after order received and account number
established.
$150/event
3 Missed Pick-Ups. For each failure over fifteen (15) during Rate Period to Collect Solid waste or Recyclable Materials which has been properly set out for Collection by a Customer on a scheduled Collection day.
$150/event
4 Consecutive Missed Pick-ups. For each failure to Collect Solid Waste, Organic Waste, or Recyclable Materials which has been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pick-ups.
$150/event

COLLECTION QUALITY
Event of Non-Performance Liquidated
Damage
5 Leaks, Litter, or Spills. For each occurrence over five (5) during the Rate Period of unreasonable leaks, litter, or spills of Solid Waste, Organic Waste, or Recyclable Materials near Container or on public streets and failure to pick up or clean up such material immediately.
$300/event
6 Improper Container Placement. For each occurrence over twelve (12) during the Rate Period of failure to replace Containers in original position, upright, with lids attached to or on Carts or Bins.
$150/event
7 Care of Private Property. For each failure over twenty-four (24) during the Rate Period of not closing a Customer’s gate, crossing planted areas, or damaging private property (including private vehicles)
$300/event
Franchise Agreement - Exhibits 110
Event of Non-Performance Liquidated
Damage
8 Repair of Private Property. For each occurrence over five (5) during the Rate Period of failure to repair damage to property within thirty (30) days of the date the damage was reported. $250/event
9 Unauthorized Collection or Sweeping Hours. For each
occurrence over five (5) during the Rate Period of Collecting Solid Waste, Organic Waste, and Recyclable Materials during unauthorized hours.
$300/event
10 Excessive Noise. For each occurrence over twelve (12) during the Rate Period of excessive noise.
$300/event
11 Non-Collection Tags. For each failure over twelve (12) during the Rate Period of not tagging Containers which have not been Collected explaining the reason for non-Collection.
$150/event
12 Cleaning Collection Vehicles. For each occurrence over five (5) during the Rate Period of failure to clean Collection vehicles at least one time per week.
$150/event
13 Discourteous Behavior. For each occurrence of discourteous behavior by Collection vehicle personnel, Customer service personnel, or other employees of the Grantee
$500/event
14 Injuries to Others. For each incident of personal injury to a Person requiring medical treatment or hospitalization, where the negligence or misconduct of the Grantee or its personnel was a contributing factor to the injury.
$5,000/incident

CUSTOMER SERVICE RESPONSIVENESS
Event of Non-Performance Liquidated
Damage
15 Call Responsiveness. For each failure to answer the telephone during business hours specified in the Agreement or failure for answering machine to record call during non-business hours specified in the Agreement.
$300/event
16 30-Second Call Hold Time. Failure to answer 90 percent of calls received during office hours within thirty (30) seconds. $1,000/quarter
17 3-Minute Call Hold Time. Failure to answer 100 percent of calls received during office hours within three (3) minutes.
$1,000/quarter
18 After-Hours Call Returns. Failure to return 100 percent of calls received on Grantee’s answering machine before noon of the following business day.
$1,000/quarter
19 Complaint Level. Failure to maintain Complaint level below

0.005% where the percent is calculated equal to the number of complaints divided by the total service opportunities (the total residential stops and commercial lifts performed in the reporting period).
$1,000/quarter
20 Respond to Complaint or Service Request. For each failure to $300/event Franchise Agreement - Exhibits 111
Event of Non-Performance Liquidated
Damage
inform Customer, within one business day of receipt of the complaint or service request of the action Grantee will take to remedy a complaint or to respond to a service request.
21 Resolve Complaint or Service Request. For each failure to resolve or remedy a complaint or service request within five business days of receipt of complaint or service request with the exception of missed pick-ups which are addressed below. $300/event
22 Collection of Missed Pick-Ups. For each failure to Collect missed Containers within twenty-five (25) hours of receipt of the complaint.
$300/event

REPORTING
Event of Non-Performance Liquidated
Damage
23 Quarterly Reports. Failure to submit quarterly report in the timeframe specified in this Agreement.
$100/day report is
overdue
24 Annual Reports. Failure to submit annual reports in the timeframe specified in this Agreement.
$300/day report is
overdue
25 Report on Hazardous Waste. For each failure to notify the appropriate authorities of known reportable quantities or Hazardous Waste within one business day.
$500/event
26 Failure to Submit Reports or Allow Access to Records. For each failure to submit any individual report or provide access to records in compliance with and in the timeframe specified in this Agreement. Incomplete and/or inaccurate reports shall be considered a failure to submit until such time as all information in the report has been provided in a complete and accurate form. In the event City determines an errant or incomplete report more than ten (10) Business Days after submittal by Grantee, Grantee shall be given ten (10) Business Days to complete and correct and any pending Liquidated Damages shall be tolled during that period. $100/event

PUBLIC EDUCATION
Event of Non-Performance Liquidated
Damage
27 Failure to prepare and distribute to resident’s door hanger, flyer, or mailer to Customers regarding their specific Collection day and observed Holidays
$150/day for each
day until mailer is
sent
28 Failure to conduct community presentations targeted at residents $150/event 29 Failure to prepare and mail quarterly newsletter to all residents by the end of each quarter
$150/day for each
day until mailer is
sent
30 Failure to develop outreach program for individual Commercial $150/day Franchise Agreement - Exhibits 112
Event of Non-Performance Liquidated
Damage
sectors
31 Failure to prepare and during Rate Period update a recycling resource guide
$150/day
SB 1383 COMPLIANCE
Event of Non-Performance Liquidated
Damage
32 Failure to Perform Contamination Monitoring Requirements.

Option 1: For each failure to conduct Hauler Route contamination monitoring in accordance with Section 5.2 of this Agreement.

Option 2: For each failure to conduct waste evaluations in accordance with Section 5.2 of this Agreement.
$500/event
33 Failure to Comply with Container Labeling and Colors. For each occurrence of Grantee’s failure to comply with Container labeling and color requirements pursuant to Section 6.9 of this Agreement.
$100/container
34 Failure to Conduct Compliance Tasks. For each failure to conduct any compliance review, Discarded Materials evaluations pursuant to Section D.6 of Exhibit E, and/or other inspection required by this Agreement.
$100/event
35 Failure to Issue Contamination Notices. For each failure of Grantee Collection personnel to issue contamination notices and contamination Processing fee notices and maintain documentation of issuance as required by Section 5.2 of this Agreement. $100/event
OTHER
Event of Non-Performance Liquidated
Damage
36 Disposal of Organic Waste or Recyclables. For each ton of Organic Waste or Recyclable Materials Disposed of without written approval of the City.
$250/ton
37 Use of Unauthorized Facilities. For each ton of Solid Waste, Organic Waste, or Recyclable Materials Disposed or Processed at a facility not approved for use under the provisions of this Agreement.
$250/ton
38 Failure of Other Obligations. Failure to perform any of the obligations set forth in this Agreement not specifically stated above and not corrected or proceeding in good faith to correct within twenty-four (24) hours upon twenty-four (24) hour notification by City.
$150/for each
obligation per day
until obligation is
performed.

Franchise Agreement - Exhibits 113
Exhibit G – Record Keeping and Reporting
G.1 General
Grantee shall maintain such accounting, statistical, and other records related to its performance under this Agreement as shall be necessary to develop the reports required by this Agreement or City Code. Grantee agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations and to meet the reporting and Discarded Materials Collection, Processing, and Disposal program management needs of the City. At the written direction or approval of City, the records, and reports to be maintained and provided by Grantee in accordance with this Exhibit and other Articles of the Agreement may be adjusted in number, format, and frequency, if required to comply with State or federal regulatory or reporting requirements.

Information from Grantee’s records and reports can be used to, among other things:
• Determine and set Rates and evaluate the financial efficacy of operations. • Evaluate past and expected progress toward achieving the Grantee’s Diversion goals and objectives.
• Provide concise and comprehensive program information and metrics for use in fulfilling reporting requirements under Applicable Law.
• Determine needs for adjustment to programs.
• Evaluate Customer service and Complaints; and,
• Determine Customer compliance with AB 341, AB 1826, and SB 1383 statutes and corresponding regulations; and, any subsequent State-mandated Landfill Disposal reduction, Recycling, recovery, or Diversion statutes, regulations, or other requirements.

G.2 Record Keeping
A. General. Grantee shall maintain Customer contact data, Customer service, accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting required by this Agreement and Applicable Law and to demonstrate compliance with this Agreement and Applicable Law (such as, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383 statutes and corresponding regulations).

Record keeping and reporting requirements specified in this Agreement shall not be considered a comprehensive list of reporting requirements. In particular, this Exhibit G is intended to highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define the scope and content of the records and reports that Grantee is required to maintain and report by Applicable Law or this Agreement. Upon written direction or approval of City, the records and reports required by Grantee in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency.

Franchise Agreement - Exhibits 114
Grantee shall maintain adequate records, and corresponding documentation, of information required by this Exhibit G, such that the Grantee is able to produce accurate quarterly and annual reports and is able to provide records to verify such reports. Grantee will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383 statutes and corresponding regulations; and, other current or future federal, State, or local statutes and regulations, as amended. Upon request by the City, Grantee shall provide access to Grantee’s requested records in a timely manner, not to exceed ten (10) Business Days from the time of City’s request to Grantee.

B. Record Retention and Security. Records shall be maintained in forms and by methods that facilitate flexible use of the data contained in them to structure reports, as needed, pursuant to this Exhibit. Grantee’s records shall be stored in one central location, physical or electronic, that can be readily accessed by Grantee. Unless otherwise required in this Exhibit, Grantee shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five (5) years after its expiration or earlier termination.

Records and data shall be in chronological and organized form and readily and easily interpreted. Grantee shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as a fire, theft, and an earthquake. Electronicallymaintained data and records shall be protected and backed-up. To the extent that Grantee utilizes its computer systems to comply with record keeping and reporting requirements under this Agreement, Grantee shall, on a monthly basis, save all system-generated reports supporting those record keeping and reporting requirements in a static format in order to provide an audit trail for all data required.

C. Maintenance of Financial and Operational Records. Grantee shall maintain accurate and complete accounting records containing the underlying financial and operating data related to and showing the basis for computation of all costs associated with providing services. The accounting records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied.

D. CERCLA Defense Records. City views its ability to defend itself against Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, the City regards its ability to prove where Solid Waste collected are taken for transfer or disposal, as well as where they are not taken, to be matters of concern. Grantee shall maintain, retain, and preserve records which can establish where Solid Waste collected were disposed (and therefore establish where they were not). This provision shall survive the expiration or earlier termination of this Agreement. Grantee shall maintain these records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement. Grantee shall provide these records to City (upon request or at the end of the record retention period) in an organized and indexed manner rather than destroying or disposing of them.

E. Compilation of Information for State Law Purposes. Grantee shall maintain accurate records for its operation, including, but not limited to, Discarded Materials quantities Franchise Agreement - Exhibits 115
Collected and quantities Transported to or Transferred to each Approved/Designated Facility, listed separately by material type, Customer type, and Facility. Records shall be maintained in such form by methods that facilitate the use of data for the production of reports as needed.

Grantee will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, AB 1595, and SB 1383 statutes and corresponding regulations; and, other current or future local, federal, or State statutes and regulations, as amended.

G.3 Audits and Inspection by City
At a mutually agreed upon time during normal business hours, but within seven (7) workdays of a written request, Grantee shall make available to the City for examination at reasonable locations within the City the Grantee’s data and records with respect to the matters covered by this Agreement and the City Code. Grantee shall permit the City, or its designee, to audit, examine, and make excerpts or transcripts from such data and records, and make audits of all data relating to all matters covered by this Agreement and the City Code. Grantee shall maintain such data and records in an accessible location and condition for a period of not less than three (3) years following the City’s receipt of final payment under this Agreement unless the City agrees in writing to an earlier disposition. The City or its designee shall maintain the confidentiality of the Grantee’s Customer list and other proprietary information, to the extent allowed by law.

G.4 Reporting
G.4.1 General
A. General Purpose. Reports are intended to compile recorded data into useful forms of information that can be used by the City. All reports shall be adequate to meet City’s current and future reporting requirements to CalRecycle, including AB 939, AB 341, AB 1826, and SB 1383 statutes and corresponding regulations, or any other State or federal agency statutes and regulations throughout the Term of this Agreement.

B. Failure to Report. Failure of Grantee to comply with the reporting requirements as set forth in this Section may result in an assessment of Liquidated Damages in accordance with the Liquidated Damages provision in Section 19.E of this Agreement and Exhibit F. Grantee’s repeated failure to submit reports, and/or failure to submit reports on time, may be deemed an event of default which must be cured within fourteen (14) business days or may result in the termination of the Agreement, in accordance with the provisions of Section 19 of this Agreement.

C. Submittal Process. All reports shall be submitted to the Director. Reports shall be submitted electronically via email or uploaded to a document sharing platform agreed upon by the Parties. City reserves the right to require the Grantee to maintain records and submit the Franchise Agreement - Exhibits 116
reports required herein through use of a City-selected web-based software platform, at the Grantee’s expense.

Quarterly reports shall be submitted within fifteen (15) days after the end of the reporting quarter and annual reports shall be submitted within forty-five (45) days after the end of the reporting year. If third party information is unavailable, reports shall be submitted based on information available and reports shall be amended at a later date if additional information is received.

G.4.2 Quarterly Reports
Quarterly reports shall be submitted by Grantee to City and shall include the following information pertaining to the most recently completed calendar quarter. In addition, each quarterly report shall include a year-to-date summary page that includes the data submitted from the quarterly report(s) submitted in the calendar year prior to the submittal of the current quarterly report. Grantee shall report the information included in the following subsections.

A. Tonnage Report

1. Grantee shall report the total quantities in Tons of Discarded Materials Collected, Transferred, Processed, and Disposed by the Grantee, all of which shall be based on actual certified scale weights for each load, if available, or similarly accurate methodology pursuant to weighing protocols in Section C.4 of Exhibit C. Tonnage shall be reported separately by:
a. Material type, which shall include, at a minimum, separate reporting of Source Separated Recyclable Materials, SSGCOW, Gray Container Waste, and any other type of Discarded Material separately Collected by Grantee (including, but not limited to: Bulky Items, used oil, mixed C&D, dirt, rock, metals, cardboard, wood waste, Reusable Items, Salvageable Materials, etc.).
b. Customer/sector type; and,
c. Approved Facility and Facility type.

2. Report Residue level and Tonnage for all Discarded Materials processed, listed separately by material type Collected and Approved Facility(ies) used.

3. Source Separated Recyclable Materials Tonnage Marketed, by commodity, and including average commodity value for each, and Processing Residue Tonnage Disposed, listed separately by material type Collected and Approved Facility(ies) used.

4. Documentation of all Discarded Materials exported out of State, as provided in 14 CCR Sections 18800 through 18813.

5. Tonnage Collected by month separately for each Approved C&D Project Site and other data as it relates to the C&D services.

Franchise Agreement - Exhibits 117
B. Diversion Report
Grantee shall report the Diversion rate for each month and the cumulative year-to-date Diversion rate, where Diversion rate shall be calculated as follows:

Diversion Rate = (Total Tons of Source Separated Materials)/(Total Tons of Solid Waste Disposed + Total Tons of Source Separated Materials + Total Tons of other Recyclable Materials Processed)
C. Collection and Subscription Report

1. Number of Containers at each Service Level by Customer Type and program, including:
a. A summary of the total gallons of Cart service, cubic yards of Bin service, and pulls, and cubic yards or Tons of Drop Box and Compactor service by Customer Type.
b. Calculation of the average volume of service received per: Single-Family Dwelling Unit (separately identifying Dwelling Units in a duplex, triplex, or fourplex); Multi-Family Dwelling Unit; and, Commercial Customer.

2. A summary of Customer subscription data, including the number of accounts; the number of Customers subscribing to each Cart, Bin, and Roll-Off Service Level listed separately for Single-Family, Multi-Family, and Commercial and separately for each type of Discarded Material; and the number of Bulky Items Collections performed.

3. List of all Commercial and Multi-Family Customers with a Gray Container Waste Service Level of two (2) cubic yards of service capacity per week or more. This list shall include each such Customer’s service address and Gray Container Waste, Source Separated Recyclable Materials, and SSGCOW Service Levels.

6. The total number of de minimis waivers, physical space constraint waivers, and Collection frequency waivers granted in the quarter, including the Generator name and address for each waiver.

7. The number of waiver reverifications performed by the Grantee pursuant to Section 6.H of this Agreement in the quarter, if any, including a copy of documentation for each reverification inspection, which shall include, at a minimum: the Generator’s name, address, and Generator type; the type of waiver being verified; any photographic or other evidence collected during the inspection; and the resulting recommended conclusion by the Grantee regarding the validity of the waiver. The Grantee shall provide a summary of recommendations to the City of all waivers which the Grantee concludes to no longer be warranted.

8. Number of Bulky Item/Reusable Materials Collection events by Customer Type.

D. Contamination Monitoring Report
Hauler Route Reviews
Franchise Agreement - Exhibits 118
The Grantee shall submit the following information regarding contamination monitoring Hauler Route reviews conducted pursuant to Section 6.J(1) of this Agreement:

1. The number of Hauler Route reviews conducted pursuant to Section 6.J(1) of this Agreement.

2. Description of the Grantee’s process for determining the level of contamination.

3. Summary report of non-Collection notices, courtesy Collection notices, and/or contamination processing fee assessment notices issued, which for each notice shall include the date of issuance, Customer name, and service address.

4. A record of each inspection and contamination incident, which shall include, at a minimum:
a. Name of the Customer
b. Address of the Customer
c. The date the contaminated Container was observed
d. The staff who conducted the inspection
e. The total number of violations found, and a description of what action was taken for each
f. Copies of all notices issued to Generators with Prohibited Container Contaminants
g. Any photographic documentation or supporting evidence.

5. Documentation of the total number of Containers Disposed of due to observation of Prohibited Container Contaminants.

6. A list of all Customers assessed contamination Processing fees, pursuant to Section

6.D(1)© of this Agreement, reported separately by Single-Family, Multi-Family, and Commercial Customers and including the Customer name, Customer address, and reason for the assessment of the contamination Processing fee, and the total number of instances contamination Processing fees were assessed in the quarter and the total amount of fees collected in the quarter.

7. Any other information reasonably requested by the City or specified in contamination monitoring provisions of this Agreement.

E. Customer Service Report

1. Number of Customer calls listed separately by complaints and inquiries (where inquiries include requests for service information, Rate information, etc.). For Complaints, list the number of calls separately by category (e.g., missed pickups, scheduled cleanups, billing concerns, damage claims). These complaints and inquiries shall be documented and reported separately from SB 1383 Regulatory non-compliance complaints or other regulatory non-compliance complaints.

Franchise Agreement - Exhibits 119

2. Number of missed or incomplete Collections reported in total, and per one thousand (1,000) Service Opportunities in the City, presented in a graph format, which compares total missed Collections in the City during the current report period to total missed Collections in the City in past reporting periods.

3. Number of new service requests for each Customer type and requested service(s).

4. Grantee shall maintain a record of all SB 1383 Regulatory non-compliance complaints and responses pursuant to Section 6.K of this Agreement and submit the following information:
a. Total number of complaints received, and total number of complaints investigated
b. Copies of documentation recorded for each complaint received, which shall at a minimum include the following information:
i. The complaint as received.
ii. The name and contact information of the complainant if the complaint is not submitted anonymously.
ii. The identity of the alleged violator, if known.
iii. A description of the alleged violation; including location(s) and all other relevant facts known to the complainant.
iv. Any relevant photographic or documentary evidence submitted to support the allegations in the complaint; and,
v. The identity of any witnesses, if known.
c. Copies of all complaint reports submitted to the City, pursuant to Section 6.K(1) of this Agreement.
d. Copies of all investigation reports submitted to the City pursuant to Section

6.K(2) of this Agreement, which shall include at a minimum:
i. The complaint as received.
ii. The date the Grantee investigated the complaint.
iii. Documentation of the findings of the investigation. iv. Any photographic or other evidence collected during the investigation; and,
v. Grantee’s recommendation to the City on whether or not the entity investigated is in violation of SB 1383 Regulations based on the Grantee’s investigation.

F. Generator Waivers
Grantee shall provide a report that documents each Generator waiver request reviewed by Grantee, which are required by Section 5.6. Identify in the report the Generator name and Franchise Agreement - Exhibits 120
service address, the type of waiver requested, the status of the waiver (accepted, denied, pending), dates of waiver issuance and expiration, and other information reasonably requested by the City.

G. Education Program Report
The quarterly status of activities identified in the annual public education plan described in Section 6.B of this Agreement.

H. Discarded Materials Evaluation Reports
In accordance with this Exhibit, Grantee shall provide reports of evaluations of Discarded Materials conducted at Approved Facilities.

G.4.3 Annual Reports
In addition to the quarterly reporting requirements in this Exhibit G, Section G.4.2, the Grantee shall provide an Annual Report, covering the most recently-completed calendar year, in accordance with the format and submittal requirements of this Exhibit. The Annual Report shall include the information in the following subsections.

A. Collection and Subscription Report

1. A summary of all data provided in the Tonnage report and Diversion report sections, including quarterly and annual totals and averages.

2. The type(s) of Collection service(s) provided, a list of all Hauler Routes serviced, and a record of the addresses served on each Hauler Route.

3. A summary of Customer subscription data, including the number of accounts; the total number of Generators enrolled with Grantee for service, listed separately by service level and Container type (Cart, Bin, and Roll-Off service), separately by Single-Family, MultiFamily, and Commercial Customers, and separately for each type of Discarded Material; and the number of Bulky Items Collections performed.

4. A detailed list of Single-Family, Multi-Family, and Commercial Customer information, including Gray Container Waste, Source Separated Recyclable Materials, and SSGCOW Service Levels, Customer type, and Customer service addresses reflecting Customer Service Levels as of December 1 (for the year in which the report is submitted) B. Processing Facility Report

1. Temporary Equipment or Operations Failure: If the Grantee is granted a processing facility temporary equipment or operational failure waiver, in accordance with Section

6.I(2) of the Agreement, the Grantee shall include the following documents and information:
a. The number of days the Processing Facility temporary equipment waiver or Franchise Agreement - Exhibits 121
operation failure waiver was in effect.
b. Copies of any notifications sent to the City pursuant to Section 6.I(2) of the Agreement, and copies of City notices to Grantee pursuant to Section 6.I(2) of the Agreement.
c. Documentation setting forth the date of issuance of the waiver, the timeframe for the waiver; and,
d. A record of the tons of Organic Waste, Source Separated Recyclable Materials, SSGCOW, Mixed Waste, and/or Gray Container Waste redirected to an Alternative Facility or Disposed at an Approved Disposal Facility as a result of the waiver, recorded by Collection vehicle or transfer vehicle number/load, date, and weight.

2. Quarantined Organic Waste: A record of all compliance agreements for quarantined Organic Waste that are Disposed of, including the name of Generator, date issued, location of final disposition, and the amount of quarantined Organic Waste that was required to be Disposed at a Landfill, pursuant to Section 6.I(4) of the Agreement.

C. Public Education and Outreach Report

1. A copy of all education and outreach materials provided to Generators, or otherwise used for education and outreach efforts in accordance with Section 6.B of the Agreement, including, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings.

2. A record of the date and to whom the information was disseminated, or direct contact made, in the form of a list that includes: the Generator’s name or account name, the type of education or outreach received; the distribution date, and the method of distribution.

3. For any mass distribution through mailings or bill inserts, the Grantee shall maintain a record of the date, a copy of the information distributed, and the type and number of accounts that received the information.

4. A copy of electronic media, including the dates posted of social media posts, e-mail communications, or other electronic messages.

5. A summary of the status of the annual education plan of the reporting year, including activities conducted and the quantitative and/or qualitative results of those activities.

7. The annual public education plan required by Section 6.B of the Agreement for the upcoming then-current calendar year. For example, Grantee submittal of a 2022 annual report in February 2023 shall include Grantee submittal of the annual public education plan for calendar year 2023.

8. Grantee shall maintain a record of all technical assistance efforts conducted pursuant to Section 6.B of the Agreement, including:

Franchise Agreement - Exhibits 122
a. The name and address of the Customer/Generator receiving technical assistance, and account number, if applicable.
b. The date of any technical assistance conducted and the type of technical assistance, including, but not limited to waste assessments, compliance assessments, direct outreach, workshops, meetings, events, and follow-up communications.
c. A copy of any written or electronic educational materials distributed during the technical assistance process.

D. Compliance Monitoring, Corrective Action, and Enforcement Report

1. A summary of the total number of SB 1383 Regulatory non-compliance complaints that were received and investigated, and the number of Notices of Violation issued based on investigation of those complaints, in accordance with Section 6.K of the Agreement and Exhibit G, Section G.4.2.D.

2. The total number of Hauler Route reviews conducted pursuant to Section 6.J(1)(c) of the Agreement.

3. The number of inspections conducted by type for Commercial Edible Food Generators, and Commercial Businesses.

4. A copy of written or electronic records and documentation for all audits, studies, compliance reviews, and all other inspections conducted pursuant to Section 6.J of the Agreement.

5. The number of Commercial Businesses that were included in a compliance review performed by the Grantee, and the number of violations found and corrected through compliance reviews, if different from the number reported in subsections D.6 and D.7 of this Section, including a list with each Generator’s name or account name, address, and Generator type.

6. The total number of Notices of Violation issued, categorized by type of Generator.

7. The number of violations that were resolved, categorized by type of Generator.

8. Copies of all Notices of Violation and educational materials issued to non-compliant Generators.

E. Food Recovery Program Support

1. The total number of Generators classified as Tier One and Tier Two Commercial Edible Food Generators is located within the City.

F. Vehicle and Equipment Inventory

1. A list of all vehicles used in performing services under this Agreement including the license plate number, VIN, make, model, and model year.

G. Customer Revenue and City Fee Payment Report
Franchise Agreement - Exhibits 123
Provide a statement detailing gross receipts from all operations conducted or permitted pursuant to this Agreement and report of all City fees paid in accordance with Section 16 of this Agreement. Provide a list of Customers that are forty-five (45) or more days past due and include the following information for each delinquent account: name; service address; contact information; number of days the account is delinquent; and method(s) the Grantee has used to attempt collection of the bad debt, including date of such attempt(s).

H. Annual Financial Report
Grantee shall maintain accounting records specific to the Franchise Area, separate from activities in other counties and separate from activities in the incorporated cities within Mendocino County.

Grantee shall, at its own expense, be required to annually provide the Department with a copy of a compiled financial statement, beginning the first full fiscal year for which Grantee maintained Franchise specific record keeping. The financial statement shall be prepared by a certified public accountant.

The annual financial statement must include but is not limited to an Income Statement for the Franchised Area within theCity of Willits. The Income Statement should disclose revenue by line of business and expenses by line of business and detail expense descriptions.

In addition, the Grantee shall make available to the City, or its designee, upon request:

1. Supporting documentation to determine the reasonableness of revenues (e.g., average number of monthly residential, industrial, and commercial Customers and average monthly rates for each type of Customer service).

2. Supporting documentation (invoices and descriptive schedules) for major expense line items including but not limited to depreciation, salaries, repair and maintenance, equipment rental, and Disposal expense.

3. Supporting documentation for all transactions with affiliated companies.

4. Any other information specifically related to the Agreement, which is reasonably required by City staff for review of rate adjustment requests.

In the event of the failure of the Grantee to provide any such report, the Department may employ a qualified accountant or consultant or the City Auditor-Controller to prepare the report, and the Grantee shall be liable for and pay the associated costs and expenses of the accountant or City Auditor-Controller.

I. Annual Operations Report
The Grantee shall submit a written annual report, in a form approved by the Department, Franchise Agreement - Exhibits 124
including but not limited to:

1. Information as required pursuant to Exhibit G, Section G.4.2, summarized for the preceding four quarters.

2. Identification of severe market depressions for Recyclable Materials and contingency plans for such events in the future.

3. Summary assessment of the overall Solid Waste, Recyclable Material, and Organic Waste programs from Grantee's perspective, including but not limited to, (i) highlights of significant accomplishments, (ii) problems, and (iii) recommendations and plans to improve the programs.

4. A revenue statement, showing quarterly Franchise Fee payments and a summary of corresponding quarterly revenue.

5. Grantee shall report any events of non-compliance with any provisions of the Willits City Code, state and federal law, regulatory orders, and regulations imposed by other regulatory agencies, and theconditions contained inthe Agreement during the prior 12- month period.

G.4.4 Additional Reports
A. Upon Incident Reporting. City reserves the right to request additional reports or documents in the case of unforeseen events or additional requirements imposed upon the City. The Grantee shall provide the requested reports, documents, or information within ten (10) Business Days upon receipt of the request or within a timeframe determined by the Director, which shall not to exceed ten (10) days.

B. AB 901 Reporting. At City’s option, City may require that Grantee provide the City copies of Grantee’s AB 901 reports on a regular basis (such as monthly, quarterly, or annually) or within ten (10) Business Days of the request.

C. CALGreen Code Compliance. Grantee shall maintain records of any information or documentation required to demonstrate compliance with the California Green Building Standards Code (CALGreen Code). City may request that this information be included in the quarterly or annual report(s), as it pertains to the services provided under this Agreement.

City shall notify the Grantee of this request within ten (10) Business Days prior to the submittal deadline of the quarterly and/annual report where the information is to be included.

D. Facility Capacity Planning Information. City may require Grantee to provide City with information of available Organic Waste Processing capacity for any Approved Processing Facilities, where available capacity may include identification of monthly Tons of additional Organic Waste such Approved Facilities have the ability to receive within permitted limits.

Grantee shall respond to City within 60 days of City’s request for information regarding Franchise Agreement - Exhibits 125
available new or expanded capacity, and, at City’s option, may be required to submit reports on a more regular basis. The annual Facility capacity planning report shall comply with the following:

1. Include reports of current throughput and permitted capacity and available capacity for SSBCOW and SSGCOW Processing for any Approved Facility in the City that processes SSBCOW and/or SSGCOW. Existing capacity may include identification of monthly Tons of additional Source Separated Recyclable Materials, SSGCOW, SSBCOW, and/or Gray Container Waste capacity such Facility has the ability to receive within permitted limits.

2. Include description of potential new or expanded Processing capacity at Approved Facilities, operations, and activities for Processing of SSBCOW and/or Organic Materials, including information about throughput and permitted capacity necessary for planning purposes.

3. Be submitted using a form or format approved by the Director.

E. Disclosure Statement
Grantee shall file a disclosure statement which contains the followinginformation:

1. A listing of all Sub Grantees to this Agreement (including the name, address, and social security or tax identification number of the Sub Grantee).

2. A listing of all felony convictions or pleas of nolo contendere of the Grantee or Sub Grantee byfinaljudgment inanystateorfederal courtwithin thepreceding three years.

3. A listing of any instances in which a permit or contract held by the Grantee or Sub Grantee was terminated by a final judgment in any state or federal court within the preceding three years.

4. A listing of all final adjudications finding the Grantee or Sub Grantee in contempt of any state or federal court order enforcing any state and federal law within the preceding three years.

5. A listing of all final convictions or pleas of nolo contendere of the Grantee or Sub Grantee, under state or local laws governing safety of operations, compliance with environmental and otherfranchise requirementsin theCity, whether misdemeanors or infractions.

If the Grantee or Sub Grantee is a chartered lending institution or a publicly held company or a wholly-owned subsidiary of such a company required to file annual or quarterly reports under the Securities and Exchange Act of 1934, the Grantee or Sub Grantee may provide the above required information by submitting quarterly or annual reports for the preceding three years. If these reports are incomplete or if they fail to contain the information requested in items 1, 2, 3, 4, and 5 herein, the Grantee or Sub Grantee shall make such information Franchise Agreement - Exhibits 126
available to City. The City may also require, at Grantee’s expense, preparation and submittal of a Dunn and Bradstreet, or comparable, report.

If Grantee or Sub Grantee has filed a disclosure statement, it shall file a supplemental disclosure statement only to the extent that its status or events differ from those covered by the original disclosure statement.

F. Customized Reports. City reserves the right to request Grantee to prepare and provide customized reports from records Grantee is required to maintain.

G.4.5 Reporting Requirements
Grantee may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by the City. Grantee will provide a certification statement, under penalty of perjury, by the responsible Grantee official, that the report being submitted is true and correct to the best knowledge of such official after their reasonable inquiry.

Unless otherwise approved by City, Grantee shall submit all reports to:

City Manager
City of Willits
111 E. Commercial Street
Willits, CA 95490
G.4.6 False or Misleading Representations
Any materially false or misleading statement or representation made knowingly by the Grantee in such report shall be deemed a material breach of the Agreement, and shall subject the Grantee to all remedies, legal or equitable, which are available to the City under the Agreement or otherwise.

Resolution No. 2023- December 13, 2023
RESOLUTION NO. 2023-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO GRANT THE EXISTING FRANCHISE AGREEMENT HELD BY SOLID WASTES OF WILLITS, INC., (SWOW), WITH THE CITY OF WILLITS TO REDWOOD WASTES SOLUTIONS, INC., (REDWOOD) WITH A NEW EXPIRATION DATE OF DECEMBER 31, 2032 WITH AN OPTION FOR A TEN-YEAR EXTENSION.

WHEREAS, Solid Wastes of Willits, Inc., (SWOW) currently is the exclusive franchise holder within the City of Willits to collect, haul and dispose of residential and commercial solid wastes from City customers; and
WHEREAS, the existing Franchise Agreement dates to November 1, 2015, with an initial term of 15-years through December 31, 2030, and for which the City has an option to extend the term for an additional 10-years following expiration of the initial term; and WHEREAS, Gerald Ward the owner of SWOW informed the City Council of his intention to transfer the assets and business operations of SWOW to Redwood Waste Solutions, Inc., (Redwood); and
WHEREAS, Redwood as part of the acquisition, accepts to fulfill all service commitments presently described in the existing Franchise Agreement; and WHEREAS, the City Council agreed on December 13, 2023 to terminate the existing Franchise Agreement as a means to facilitate its assignment to Redwood with the same provisions; and
WHEREAS, the City Council grants the Franchise Agreement to Redwood; and WHEREAS, the new Franchise Agreement will maintain the identical provisions and have an initial term starting from December 13, 2023, expiring December 31, 2032, with an option for a ten-year extension.

NOW, THEREFORE, the City Council of the City of Willits adopts the attached Franchise Agreement with Redwood Waste Solutions, Inc., to ensure the continuation of waste collections for the residents of Willits.

AYES:

NOES:

ABSENT:

______________________________
_____________, Mayor
City Council of the City of Willits
ATTEST:

Resolution No. 2023- December 13, 2023
_______________________________

MICHELLE COLEMAN
Acting City Clerk
Item No. 9a
Meeting Date: December 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley – Community Development Director
Agenda Title: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

RESTRICTED GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE FUNDS FROM CYCLE 2 OF THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM.

Summary of Request: The City of Willits applied for and received an award of $2,772,000 through Cycle 2 of the Clean California Local Grant Program administered by the California Department of Transportation (Caltrans). Prior to claiming the funds, the City must execute a Restricted Grant Agreement with Caltrans.

Staff is requesting City Council approval of the accompanying Resolution authorizing the City Manager to execute an Agreement with Caltrans for receipt of the Clean California Local Grant Program funds.

Background: The City Council previously authorized staff to apply for funding under the Clean California Grant Program at the April 12, 2023 meeting. The grant award will be used to improve existing parks, provide wayfinding signage, public art, decorative streetlights, as well as provide multiple community cleanup and dump day events.

Areas identified for use of grant funding include:

1. Recreation Grove Park - public art, renovate basketball court, widen sidewalk on Commercial St.

2. Babcock Park - adult exercise equipment, shade canopy, lighting, restore water fountain.

3. Bud Snider/City Park – new ~2,500ft2 pavilion, new bathroom, new playground equipment

4. Public parking lot (Main Street) – Potential kiosk (wayfinding) sign location,

5. Oak/Main Street intersection – Potential banner sign location, and

6. Main Street– Potential pedestrian street lighting locations (ending at E. Valley St. and Madden Ln.).

Recommended Action: Adopt the accompanying Resolution authorizing the City Manager to execute a Restricted Grant Agreement with Caltrans to receive the Clean California Local Grant Program Funds.

Alternative(s): None
Fiscal Impact: The State Grant will provide funding for the direct costs associated with these activities and will reduce the General Fund obligation towards these efforts. Staff time dedicated to implementing the grants tasks is eligible for reimbursement.

Personnel Impact: Significant staff time in both the Community Development and Services and Facilities Departments will be required to manage and implement the grant-funded projects. Project management will require approximately 1,000 hours of staff time. Additional construction management and engineering service capacity will be needed to support design and construction elements of the grant. 2021 Adopted Goals: The request conforms with the recommendation listed as Goal #2 Under Public Works…Increase public use of facilities over the next three years to foster civic pride, improve health, and support recreation efforts for greater involvement in local government, dependent on financing.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2023-__ December 13, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING THE CITY

MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF WILLITS “BEAUTIFY WILLITS” PROJECT.

WHEREAS, the City Council of the City of Willits is eligible to receive Federal and/or State funding for certain transportation planning related funds, through the California Department of Transportation (Caltrans); and
WHEREAS, the City of Willits was awarded $2,772,000 through Cycle 2 of the Clean California Local Grant Program; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with Caltrans before such funds can be claimed through the Clean California Local Grant Program; and WHEREAS, the City of Willits wishes to delegate authorization to execute these agreements an any amendments thereto;
NOW, THEREFORE, the City Council of the City of Willits authorizes the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with Caltrans.

The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 13th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:
______________, Mayor
City Council of the City of Willits
ATTEST:

MICHELLE COLEMAN, Acting City Clerk
City of Willits
Item No. 9b
Meeting Date: December 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LAND LOGISTICS, INC FOR PROFESSIONAL PLANNING SERVICES.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 min Summary of Request: The Community Development Department currently utilizes a planning consultant, Leiloni Shine, to augment staffing levels to aid in the processing of current planning development projects, development of long-range planning documents, grant writing and administration and City code revisions.

Staff is seeking to amend the agreement to include extending the term of the agreement through the end of 2024 as well as adding $170,000 to the agreement budget. This agreement will provide for approximately 28.5 hours per week of staffing to support multiple City Departments including the Community Development Department, Services and Facilities Department and City Manager’s Office.

The City previously entered into a one-year agreement with Land Logistics, Inc. on October 13, 2022, for contract planning services primarily provided by Leiloni Shine for the not to exceed amount of $70,000.

Leiloni Shine and Land Logistics, Inc. have been instrumental in supporting the Community Development Department in processing planning permits, staffing community meetings, obtaining grant funding and developing ordinances to update City Code.

Recommended Action: Adopt a resolution approving an amendment to the professional services agreement with Land Logistics, Inc. for professional planning services and authorize the City Manager to execute the agreement.

Alternative(s): None recommended.

Fiscal Impact: A combination of the General Fund, Measure K Fund and Enterprise Fund accounts will be used to facilitate the funding of this agreement.

Personnel Impact: Staff time managing consultant services. 2021 Adopted Goals: This item addresses Goal #3 for Administration…Create a realistic staffing plan for the City that will enable the City Council to budget for appropriate current and future staffing to address the City’s / Community’s needs (Public Works Director for an example).

California Environmental Quality Act: Not applicable.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Resolution No. 2023-__ Page 1 of 1 December 13, 2023
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LAND LOGISTICS, INC. FOR

PROFESSIONAL PLANNING SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT.

WHEREAS, the Community Development Director and City Manager have identified a need for additional planning support services to augment current staffing levels and aid in the processing of current planning projects, development of long-range planning documents, grant writing and administration, City code revisions and other special projects; and WHEREAS, a consultant contracted on a temporary, part time basis has been determined to offer the best service to the City at this time; and WHEREAS, the City has utilized Land Logistics, Inc. for planning support services since October 13, 2022 and has found the assigned planner to be effective in assisting staff with many important projects; and
WHEREAS, all services included in the subject Professional Services Agreement with Land Logistics, Inc, are budgeted upon a not-to-exceed total of $170,000 and some portion of these costs may be recoverable through permit fees and grants; and WHEREAS, staff recommends amendment of the Professional Services Agreement with Land Logistics, Inc. to extend the agreement through December 31, 2024 and increase the compensation as noted above.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits approves awarding a professional services agreement to Land Logistics, Inc. for professional planning, services and authorize the City Manager to execute the agreement.

BE IT FURTHER RESOLVED that the City Council of the City of Willits authorizes the Finance Director to increase appropriations in the General Fund and in the Measure K Fund to facilitate the execution of this agreement.

The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 13th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
___________________________________
__________________________
________________, Mayor
City Council of the City of Willits
MICHELLE COLEMAN, Acting City Clerk
Item No. 9c
Meeting Date: December 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Walter Kolon-Services and Facilities Director
Agenda Title: ADOPT A RESOLUTION ACCEPTING THE CONSTRUCTION OF THE WEST MENDOCINO REHABILITATION PROJECT PHASE I, PROJECT 2023-03, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: On August 10, 2022, the City Council awarded a Construction Contract to Argonaut Constructors Inc., for the construction of the West Mendocino Rehabilitation Project, Phase I Project No. 2023-03 in the amount of $656,542.00.

The project consisted of installing 644 feet of new 18-inch HDPE storm drain pipe and drainage structures at West Mendocino Avenue, Spruce Street, Easy Street, and Camp Lane, replacing 500 feet of 18-inch HDPE storm drain pipe and drainage structures: eight manholes, eight inlets, one junction box, and one headwall on West Mendocino Avenue, replacing 130 square feet of sidewalk curb and gutter, filling 155 square feet of street shoulder, removing three culverts and a rock channel, minor grading to realign approximately 15 feet of channel embankment, and installing 110 feet of 24-inch wide valley gutter.

Additional work and field changes were made including having to replace the sewer laterals to two residences and add an additional drain inlet and pipe.

The City contracted with Tall Tree Engineering for all stages of the project, environmental documentation and permitting, preliminary and construction engineering, and construction management, which included construction inspection.

The Services & Facilities Department has reviewed the project and determined that it has been completed in substantial compliance with the project plans and specifications.

The construction phase of the original project totaled $656,542.00, change orders came to $37,358.25 and deductive change orders came to $41,719.21 for a final project total of $652,181.04.

The project team ensured the project was completed on schedule from its September 2023 start date.

Recommended Action: Adopt the accompanying resolution accepting construction of the West Mendocino Rehabilitation Project, Phase I Project No. 2023-03, and authorize the City Manager to file the Notice of Completion.

Alternative(s): None.

Fiscal Impact: Project savings of $4,360.96
Personnel Impact: None.
2023 Adopted Goals: This item is consistent with Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs. Furthermore Policy #1.2 under the said Goal contains the following action item…Complete and implement a comprehensive Groundwater Management Plan.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ (REV. 09/14/2010)
RECORDING REQUESTED BY: NO FEE FOR GOVT. AGENCY
GOVERNMENT CODE 27383
City of Willits
AND WHEN RECORDED MAIL TO:

City of Willits
(NAME)
111 E. Commercial Street
(STREET ADDRESS)
Willits, CA 95490
(CITY, STATE, ZIP)

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the OWNER or agent of the interest or estate stated below.

2. The FULL NAME of the owner is: City of Willits

3. The FULL ADDRESS of the owner is: 111 E. Commercial St., Willits, CA 95490

4. The nature of the interest or estate is: In Fee. Fee Simple (if other than Fee, Strike “In Fee” and insert, for example, “Purchaser Under Contract of Purchase” or Lessee”)

5. The FULL NAMES and ADDRESSES of all CO-OWNERS, if any, who hold any title or interest with the aforementioned owner in the property are

NAMES ADDRESSES
None

6. A work of improvement on the property hereinafter described, was completed on: 12/01/2023 The work done was (describe below): (DATE)
Storm drain system improvements along West Mendocino Avenue, Spruce Street, and Easy Street in Willits, Ca. were constructed for the project. Approximately 1100 feet of new storm drain and eighteen drainage structures were placed. The disturbed areas were paved over with hot mix asphalt. Minor grading around an unnamed tributary was also done.

7. The name of contractor, of any, for such work of improvement is:

Argonaut Constructors 06/20/2023
(NAME) (DATE OF CONTRACT)

8. The street address of said property is: West Mendocino Avenue, Spruce Street, and Easy Street

9. The property on which said work was completed is in the: Willits Mendocino State of California, and is described as follows: (CITY OF) (COUNTY OF)

10. The Willits City Council accepted the project as complete by adoption of Resolution No.:

I, the undersigned, certify, under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Signature of owner or
owner’s representative as
identified in paragraph 2.

Brian Bender, City Manager
(TYPED NAME) (SIGNATURE) (DATE)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Resolution No. 2023-__ Page 1 of 1 December 13, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ACCEPTING

CONSTRUCTION OF THE WEST MENDOCINO AVENUE REHABILITATION PROJECT, PHASE I, PROJECT NO. 2023-03 AND AUTHORIZING FILING THE NOTICE OF COMPLETION.

WHEREAS, the Service & Facilities Department for the City of Willits conducted the final inspection of the West Mendocino Avenue Rehabilitation Project Phase I, Project No. 2022-03; and
WHEREAS, the said inspection determined that the contractor, Argonaut Constructors substantially completed all assigned work in compliance with approved project plans and specifications.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Willits authorizes and directs the City Manager to execute the Notice of Completion on behalf of the City of Willits and directs the City Clerk to record said Notice of Completion with the Recorder of the County of Mendocino.

ATTEST:
__________________________
__________________________
_______________, Mayor
City Council of the City of Willits

MICHELLE COLEMAN
Acting City Clerk
Item No. 9d
Meeting Date: Dec. 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Walter Kolon, Services and Facilities Director
Agenda Title: ADOPT A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE 2023 PAVEMENT PRESERVATION PROJECT, PROJECT 2023-07 TO BOUTHILLIERS CONSTRUCTION INC., IN AN AMOUNT NOT TO EXCEED $510,468.00 AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE CONTRACT AND APPROVE CONSTRUCTION CHANGE ORDERS UP TO A CUMULATIVE TOTAL OF 10-PERCENT OF THE TOTAL CONTRACT AMOUNT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: Staff advertised the 2023 Pavement Preservation Project, Project (Project No. 2023-07) for three weeks and on December 7, 2023, bids were publicly opened. The bids received were:

01. Bouthillier’s Construction Inc. $510,468.00

02. Argonaut Constructors $ 511,589.00

03. Wylatti Resource Management Inc. $ 548,388.89

04. Rebe Construction Inc. $ 563,298.00

05. Gregg Simpson Trucking $ 599,630.00

06. Valley Paving $ 665,141.00
07 Granite $ 714,601.00
Staff performed a complete evaluation of all bids received and concluded that Bouthillier’s Construction Inc. is the apparent lowest responsive, responsible bidder. Staff recommends that the City Council award a construction contract to Bouthillier’s Construction Inc for the not to exceed amount of $510,468.00. The Engineer’s Estimate was $531,008.50.

The FY 23/24 Capital Improvement Program List contains this project. The project consists of repaving portions of Boscabelle and South Lenore Avenues totaling approximately 37,000 square feet, and completing approximately 11,250 square feet of asphalt dig outs on Baechtel Road. It also includes construction of two sidewalk bulb-outs, six-pedestrian ramps, five-driveways, and approximately 2,032 square feet of sidewalk replacement.

The project is scheduled to begin on Wednesday, March 18, 2024, and last for 90-calendar days.

Attached are the bid summary and resolution.

Recommended Action: By resolution, award a contract to Bouthilliers Construction Inc in an amount not to exceed $510,468.00 for the construction of the 2023 Pavement Restoration Project, (Project No. 2023- 07) and authorize the City Manager to execute the contract and upon recommendation from the City Engineer, authorize the City Manager to approve construction change orders up to a cumulative total of 10% of the total contract amount.

Alternative(s): None.

Fiscal Impact: The estimated cost of construction is $531,008.50, plus to be determined costs for construction management, inspection, and materials testing and previous expenses for the preliminary engineering stage of ($48,000). Engineering costs are within industry standards of 8-12-percent of total construction cost for each stage. Fund No. 202 2020 4003 007 in FY 23/24 budget contains the monies for this project.

Personnel Impact: The Services & Facilities Department will need to allocate upwards of 15-percent of staff resources per week to manage the project.
2021 Adopted Goals: This item fulfills Goal #3 for Public Works…Develop a City Street Improvement Program capable of bringing 25-percent of City Streets to a PCI of 85 or greater within the next five years.

California Environmental Quality Act: Not applicable.

Resolution No. 2023-__ Page 1 of 1 December 13, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AWARDING A CONSTRUCTION CONTRACT TO BOUTHILLIERS CONSTRUCTION INC. OF WILLITS CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $510,468 AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE CONTRACT AND APPROVE CONSTRUCTION CHANGE ORDERS UP TO A CUMULATIVE TOTAL OF 10-PERCENT OF THE TOTAL CONTRACT AMOUNT FOR THE CONSTRUCTION OF THE 2023 PAVEMENT PRESERVATION PROJECT, PROJECT NO. 2023-07.

WHEREAS, the scope of work for this project includes grinding and repaving portions of Boscabelle and South Lenore Avenues totaling approximately 37,000 square feet and completing approximately 11,250 square feet of asphalt dig outs on Baechtel Road. It also includes construction of two-sidewalk bulb-outs, six pedestrian ramps, five-driveways, and approximately 2,032 square feet of sidewalk replacement; and
WHEREAS, the final project plans and specifications accurately represent the project as presented to City Council and satisfactorily describe the work; and WHEREAS, staff advertised the project for competitive bids on November 2nd, 9th and 16th, 2023, and received seven-bids for the project and publicly opened them on December 7th; and WHEREAS, the bid submitted by Bouthillier’s Construction Inc, of Willits, California, is the lowest responsive bidder; and
WHEREAS, the bid analysis indicates that the bid is responsive and competitive, the contractor has good references, and has completed similar projects; and WHEREAS. Staff recommends the City Council to award the contract for the 2023 Pavement Preservation Project, Project No. 2023-07 to the lowest bidder, Bouthillier’s Construction Inc., of Willits, California, for their bid amount of $510,468.00.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby authorize and approve the final plans and specifications for the project and awards a construction contract to Bouthillier’s Construction Inc., Inc, of Willits, California, in an amount not to exceed $510,468.00, for the 2023 Pavement Preservation Project, Project No. 2023-07, and authorizes the City Manager to execute the contract.

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
_________________________________
__________________, Mayor
City Council of the City of Willits
MICHELLE COLEMAN, City Clerk
Item No. 9e
Meeting Date: December 13, 2023

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Karen Stevenson, Human Resources Manager
Agenda Title: DISCUSSION AND POSSIBLE APPROVAL OF A PROFESSIONAL SERVICES

AGREEMENT WITH EXECUTIVE RECRUITMENT FIRM PECKHAM AND MCKENNEY FOR RECRUITMENT OF A CHIEF OF POLICE.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: Staff recommends the Council review and approve the service agreement for the executive recruitment firm Peckham and McKenney to conduct a search for the next Chief of Police.

The ability to recruit, hire, and retain Police Officers is a challenge throughout the State. The Willits Police Department is not immune as reflected by our current staffing levels. Currently the Willits Police Department has three Officer and two Sergeant vacancies, a Community Service Officer vacancy and two Dispatcher vacancies.

In an effort to recruit, hire and retain qualified candidates, we need a talented and seasoned Police Chief with demonstrated experience to build and lead the Willits Police Department. Selecting the right candidate to lead the Police Department is an immense responsibility and one that demands a thoughtful and intentional recruitment. The search will result in a pool of candidates who are both professionally qualified and ready to join our efforts to pursue a community-driven approach to public safety for all.

Recommended Action: Adopt the accompanying Resolution approving the employment agreement with Peckham and McKenney for the executive recruitment of the City’s next Police Chief.

Alternative(s): None.

Fiscal Impact: The total fiscal impact shall not exceed $28,000.

Personnel Impact: None.
2021 Adopted Goals: This request satisfies Goal #1 for the Police Department…Maintain a Public Safety Agency capable of maintaining a safe community utilizing up to date law enforcement tools and delivering emergency services to the citizens and businesses of Willits in a responsive and proactive manner.

California Environmental Quality Act: Not applicable.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ ———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ————————

EXECUTIVE SEARCH SERVICES AGREEMENT
City of Willits
Police Chief
A complete description of the services to be provided and service fees are contained in a proposal from Peckham & McKenney to the City of Willits (dated October 23, 2023), which is incorporated herein by reference.

The all-inclusive fee for the recruitment of the Police Chief is $28,000. One-third of each fee is due as a retainer within 14 business days upon commencing the recruitment process with the pre-recruitment meeting for each position. The remainder of each fee will be divided and billed in two separate, monthly invoices during the respective recruitment. Full payment of the professional fee is due three months from execution of the agreement or when a candidate has accepted an offer of employment, whichever comes first. The all-inclusive fee includes a combination of meetings, in accordance with the proposal, with the City.

Requested additional meetings will be negotiated and billed accordingly. The fee for a subsequent recruitment or placement of the Police Chief are described on page 9 of the proposal.

The all-inclusive fee includes expenses, and thus serves as a not-to-exceed amount.

Peckham & McKenney expenses include out-of-pocket costs associated with advertising, digital and/or printing documents as determined in consultation with the City, consultant travel, clerical, telephone, supplies and postage. Candidate expenses to attend finalist interviews with the City are not included in this not-to-exceed figure and are to be reimbursed by the City directly to the candidate.

Peckham & McKenney will work closely and communicate regularly with the City. Both parties will exhibit a full faith effort to ensure a timely and successful search. Should the City choose to cancel or postpone the search at any time after execution of this agreement, the City will be responsible for payment in the amount of the percentage of the work complete as it applies to the three-month period.

It is the sincere intent of Peckham & McKenney to conduct a search process that leads to the selection of a qualified candidate. If the City chooses to extend the search process past the agreed upon schedule, however, a monthly fee and expenses will be negotiated at that time.
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— City of Willits
Page Two
All information regarding candidates is provided in strict confidence and should be used solely for the purpose of selecting qualified applicants. Candidate information must not be divulged to persons who do not have a direct need to know except for reference and background investigations and with the candidate's consent.

Peckham & McKenney is the operating name of City Management Advisors LLC, Anton Dahlerbruch, Managing Member.

City Management Advisors doing business as Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000,000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($1,000,000). Our Insurance Broker is B&B Premier Insurance Solutions, Agoura Hills, CA.

Necessary insurance documentation will be provided to the City of Willits in a timely manner.

In the event of any action or proceeding brought by either party to this agreement, the prevailing party shall be entitled to recover all costs and fees of its attorney in such action or proceeding, including cost of appeal, if any, in such amounts as are reasonable.

Thank you for the opportunity to be of service. We look forward to a successful relationship.

Peckham & McKenney Executive Search

Anton Dahlerbruch Date
City of Willits

Date
** PLEASE RETAIN ONE COPY FOR YOUR RECORDS **
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— October 23, 2023
Karen Stevenson
Human Resources Director
City of Willits
111 E. Commercial St.

Willits, CA 95490 Sent via Email: [email protected] Dear Ms. Stevenson,
Thank you for considering Peckham & McKenney for the City of Willits Police Chief recruitment. We would be honored to represent you in this important search. As a boutique firm that specializes in recruitments for small and medium size communities in California, Peckham & McKenney is known for achieving successful and long-term placements. Among many strong attributes, these are four key reasons the City of Willits should consider us:
• We actively and personally search for and find candidates. • We limit the number of concurrent searches in order to directly focus on serving our client. • We prioritize communicating with our client and applicants to keep everyone informed. • Your recruiter is personally and directly responsible for all aspects of the search and your one point of contact.

Attached is a detailed proposal for conducting the search that includes information about our firm, process, timeline, resources, references, experience and fee. We charge a fixed, all-inclusive fee and for this search, we are proposing $28,000 which I’d be pleased to discuss. Upon being selected to conduct this important search, we would also be prepared to start immediately.

I am excited for the opportunity to implement the process leading to the successful placement of a candidate that “fits” your interests and the organization. Please feel free to call me at (510) 520-3569 if there are any questions.

Sincerely,
Kimberly A. Petersen
Kimberly Petersen
Executive Recruiter
Enclosure:

Willits Police Chief Search Proposal
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— City of Willits

RECRUITMENT PROPOSAL
for
Police Chief
October 23, 2023
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ————————

TABLE OF CONTENTS
WHY CHOOSE US? 2
EXPERIENCE 3
YOUR RECRUITMENT TEAM 5
THE SEARCH PROCESS AND SCHEDULE 7
COST OF SERVICES 8
Cost of Services
Process of Payment
Insurance
GUARANTEE AND DIVERSITY 9
Guarantee
Diversity Statement
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— ———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ————————

EXPERIENCE
With our recruitment team that solely consists of retired City Managers, Assistant City Managers, Police Chiefs and Department Heads, and our expert support team, Peckham & McKenney brings more experience and knowledge of local government and executive search than any other California recruiter. Just a few of our recent recruitments related to your search for a Police Chief have been for:

City of Marina Police Chief
City of Los Banos Police Chief
City of Fort Bragg Police Chief
City of Scotts Valley Fire Chief
Please don’t hesitate to contact these agencies as well as our large list of current and former clients on our website (here); they will attest to our quality of service, on-going communication throughout the process, personal and direct outreach and sourcing of candidates, quality applicant pool, written materials and interview facilitation.

As an ambassador of our clients, Peckham & McKenney is also known for maintaining ongoing communications with our applicants throughout the search process, treating every applicant with respect, and appropriately informing candidates to support their best effort. The numerous compliments we have received from applicants fairly illustrate this reputation.

Comfortable and Professional
Experience
“I’d like to thank you again for your support
and guidance throughout the recruitment and
selection process. It was a comfortable and
professional experience, and I attribute a great
deal of that to you. It’s my hope that our
professional paths may cross again in the
future.” Candidate
Straightforward, Friendly, and Humane
Recruitment Process
“I wanted to let you know what a terrific job I
thought you and Peckham & McKenney did on the
recruitment. It was absolutely the most
straightforward, friendly, and humane recruitment
process I’ve ever participated in. And I would feel
the same way even if the outcome was not
successful for me.” Candidate
You Made Me Feel So Comfortable
“This is my first time working with a recruiting
company, and I’m so happy for having the
opportunity to work with your company, wow! I
truly enjoyed the process! Your interview skills
are amazing! You made me feel so comfortable
and I felt like I was just talking shop with a
longtime friend. Thanks for the personal touch
that you include in your job, I believe that this is
what makes your firm so desirable and
successful.” Candidate
Nothing Short of Exceptional!
I want to take a moment to express my sincere
appreciation for the outstanding work that you
conducted in recruiting our new fire chief. Your
tireless efforts and unwavering commitment to
finding the qualified and competent candidates was
nothing short of exceptional. Client
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— Testimonials from clients and candidates are at https://www.peckhamandmckenney.com/testimonials.

Please feel free to contact any of the following current and recent clients to inquire about their experience with Peckham & McKenney. In addition, we would be pleased to furnish the client contact and phone numbers for any past clients listed in this proposal. ———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ————————

YOUR RECRUITMENT TEAM
Our Approach
With every Peckham & McKenney recruitment, your Recruiter has the entire Peckham & McKenney team of Recruiters and administrative personnel for backup, support, collaboration, and sourcing. However, when you retain Peckham & McKenney, your Recruiter serves as your single point of contact throughout the entire search process and is fully responsible for its success. Moreover, in order to fully focus on your search and finding applicants that fit with the ideal candidate you are seeking, your Recruiter also maintains no more than 6 active searches.

The Executive Recruiter for you in this search is Kim Petersen Kimberly Petersen, Executive Recruiter,
Peckham & McKenney Executive Search
Kimberly’s career as a public servant began in 1996 in Fremont, California. Over the course of 25 years, she moved through the ranks of the Police Department and was ultimately appointed as the Police Department’s seventh Chief of Police in 2018. Kimberley holds a Bachelor’s degree from Stanford University in Human Biology, and a Master’s degree from the Naval Postgraduate School in Security Studies. She is a graduate of the Peace Officer Standards and Training Supervisory Leadership Institute, and Command College.

Kim is supported by the following team.

Joyce Johnson, Operations Manager
Joyce Johnson joined Peckham & McKenney in 2005 and serves as the firm’s Operations Manager. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment process. She oversees internal administration of the firm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment firms. Ms. Johnson is complimented regularly on her strong customer orientation working with both clients and candidates alike. Ms. Johnson holds an Associate of Arts degree from American River College.

Tayler Bergstrom, Research Assistant
Tayler Bergstrom joined Peckham & McKenney in 2022 and currently serves as a Research Associate. Tayler is currently pursuing a PhD at UCLA where she worked previously as a lab manager overseeing various research projects. Prior to that, Tayler graduated from UC San Diego with a Bachelor of Science degree in Psychology.

Linda Pucilowski, Graphic Designer
Peckham & McKenney Team
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— With nearly 30 years of experience, Linda Pucilowski provides her expert design and marketing skills to Peckham & McKenney. She is the firm’s “go-to” professional for all advertising and brochure design and creation. Ms.

Pucilowski holds a Bachelor’s degree from California State University, Sacramento.

Rachel Moran, Website & Social Media Assistant
Rachel Moran has been in the graphic design field since 2007 and prides herself on creating eye-catching visual art.

She supports the Peckham & McKenney team by handling all website visual and technical design as well as social media. Ms. Moran graduated from the Art Institute of Houston obtaining her Bachelor’s Degree in Fine Arts with a concentration in Graphic Design.
.
———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— ———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— ———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— The fee to conduct the entire search process for your next Fire Chief is $28,000. Please note that our firm does not conduct the full background investigation for safety personnel (Fire or Police). ———————— Peckham & McKenney, 300 Harding Boulevard, Suite 203D, Roseville, CA 95678 ———————— • We will connect with you and our placement in 6 months and 1 year after the appointment to check-in.
• We will conduct a second search within 6 months of our search process if a candidate is not placed.
• If the Peckham & McKenney recommended
candidate/placement vacates the position within 1 year from the date of accepting the offer (external candidates only and except in the event of budgetary cutbacks, promotion,
position elimination, or illness/death, etc.), we agree to conduct a second search within 6 months of the vacancy.

Recognizing the current market for finding competent and successful executives and the changes in strategy that
would be needed for a second search, the cost of a second search will be equal to the fee for conducting the original search.

Resolution No. 2023-__ Page 1 of 1 December ___, 2023
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE

EXECUTIVE RECRUITMENT OF THE CHIEF OF POLICE FOR AMOUNT NOT TO EXCEED $28,000.

WHEREAS, on September 1, 2023, the City of Willits hired James Conner to serve as Interim Police Chief on a temporary basis as a retired annuitant for a maximum of 960 hours; and WHEREAS, the City Manager requires the placement of a Police Chief to manage the Police Department and administrate public safety programs for the City of Willits; and WHEREAS, City Council recognizes the need to fill the position of Police Chief; and WHEREAS, the City Council wishes to retain with a professional recruiting firm to assist with the recruitment of the Police Chief; and
WHEREAS, the cost not to exceed $28,000 for full recruitment services; and WHEREAS, the City Manager recommends approval of the agreement with Peckham and McKenney to initiate the search for a Polic Chief.

NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize and approve the City Manager to execute a professional services agreement for the executive recruitment of the Chief of Police with Peckham and McKenney in an amount not to exceed $28,000.

AYES:

NOES:

ABSENT:

ATTEST:
__________________________________
_________________________________
______________, Mayor
City Council of the City of Willits
MICHELLE COLEMAN, Acting City Clerk
Monthly Achievements & Activities
• October 11th, the City received another letter from Jol Silversmith Esq., attorney representing tenant, Paul Trexel. Mr. Silversmith expressed Mr. Trexel’s concerns regarding hangar ground leases and the dislike of current fuel costs. Staff responded to Mr. Silversmith with the assistance from our consultants, commenting that staff is reviewing their concerns and will be evaluating the fee schedule and its policies and procedures going forward to ensure that ground leases and hangar agreements are set in a fair and non-discriminatory manner that conforms with the City’s grant assurance requirements. We also explained that fuel is recently being sold below our cost because we have not generated fuel sales since November 2022, due to the Fuel Island being down, and that once it became operational, staff determined the need to move the current fuel at a competitive price. Staff set a price comparable with fuel prices found at surrounding airports.
• Due to the concerns expressed by Mr. Trexel, regarding our ground leases, staff meet with Armstrong Consultants and Jim Lance to discuss the possible hiring of an outside consulting firm to conduct an Airport Rental Fee Study to assist us with a possible fair market value increase for all hangars and ground lease agreements.
• Held a tenants meeting on October 19th.
• Conducted annual hangar inspections on November 15th & 16th. • On Friday November 17th we received notification from Eric Pilsk, our Part 16 Complaint Attorney’s that FAA extended the deadline to January 20th of when they will release their ruling.

The attorney stated they expect to see another extension in January as well.

Project Updates
• The vehicle gate mechanism has arrived, contractors were able to complete the installment the week of November 13th. The vehicle gate has been non-operational since late July, so we are relieved that it is once again working correctly.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• To contract with an outside consulting firm to conduct a Rental Fee Study.

Airport October/November 2023 | Report
1 Monthly Achievements & Activities
• Issued eight Building Permits.
• Open nine Code Enforcement Cases.
• Closed seven Code Enforcement Cases.
• Total of 26 active Code Enforcement Cases.

November
• Issued four Building Permits.
• Open twelve Code Enforcement Cases.
• Closed seven Code Enforcement Cases.
• Total of 31 active Code Enforcement Cases.

Project Updates
• Caltrans Clean California Grant:
o Selected as a grant award recipient! A total of 42 applications were selected for funding throughout the State from a list of 230 total applications. o The total grant award is $2,772,000 and will be used to support a variety of both infrastructure and non-infrastructure activities aimed at enhancing public spaces, reducing litter, and otherwise improving the overall aesthetics of our City. o All work must be completed by December 31, 2026.
• City Rail with Trail:
o Continuing to work with State Agencies to obtain applicable permits as necessary to begin project construction.
o Met with CDFW staff and developed a plan to obtain applicable CDFW permits while maintaining project budget and timeline.
o Completed site visit with RWQCB to review project site conditions. o Completed project 95-percent design work along with updated project cost estimates. o Submitted application to CPUC to approve trail public crossings. o Completed and submitted $3,311,463 grant request to the State Coastal Conservancy. (SCC) to support increased project construction and mitigation costs. o Construction expected to begin in Spring 2024 (pending obtainment of SCC grant and State agency permits).
• General Plan Land Use Element Update and Sphere of Influence Amendment:
o Provided notification via mail to property owners regarding prospective changes to their property Land Use Designation and/or underlying Zoning District. o A total of 377 letters were sent out on October 5th and a total of six property owners have requested to opt out of the prospective land use change to date.

Community Development October/November 2023 | Report
2 o Majority of prospective changes are identified as “clean ups” where the long-time, established land uses are inconsistent with the Land Use Designation and Zoning Districts applied in 1992 or earlier. The purpose of these “clean ups” are to match up the Land Use Designation and Zoning District with the current land use and therefore support the continued use of the land for such existing use.
o A public review draft of the Land Use Element and Draft Programmatic Environmental Impact Report (PEIR) is anticipated to be released for public review in December. o Final LUE update and EIR are anticipated for completion in April 2024. • Department of Resources Recycling and Recovery (CalRecyle) SB 1383 Local Assistance Grant:
o Submitted grant application requesting $75,000 to support implementation of SB 1383 and State waste diversion goals.
o Funds will be used to procure compost per State mandate, purchase record-keeping software and education materials as well as reimburse City staff time over the next three years.

Staffing Items
• The Department is proud to announce that the City Building Official Davey Bowles has obtained the following long list of professional certifications:
o Residential Building Inspector, Residential Plans Examiner, Commercial Building Inspector, Commercial Plans Examiner, Combination Building Inspector, Building Code Specialist Certification, and Building Official Certification.
• Staff will be seeking Council authorization at an upcoming meeting to approve a contract renewal with the consultant group Land Logistics to provide ongoing planning staff support.

This is the contract that has allowed the City to benefit from the excellent work demonstrated by our contract planner Leiloni Shine.
• Recruiting a City Planner to join the Community Development Department. Interested individuals should contact the City Human Resources Manager Karen Stevenson. • Job announcement can be found on our website: https://cityofwillits.org/219/Employment Opportunities.

Budget Status
• No items to report.

Focus for Next Month
• General Plan LUE Update and SOI Amendment:
o Finalize and release LUE public draft and draft PEIR. o Continue to coordinate with LAFCO and Mendocino County on SOI Amendment • Willits Rail with Trail:
o Obtain grant from State Coastal Conservancy to fund increased construction and labor costs as well as mitigation work.
o Ongoing mitigation work.
o GRTA License Agreement.
o Identify staff and/or consultant support to oversee project construction phase. Grant funds are eligible to be used to reimburse staff/consultant time. • Sidewalk Ordinance:
3 • Compose a draft sidewalk ordinance based on comments received at the November 8th Council meeting.
• MWELO Ordinance:
o Prepare materials for adoption of MWELO Ordinance at the Dec. 13th Council meeting. • Land Logistics Contract Renewal:
o Prepare contract and supporting materials for Council consideration. • Downtown Willits Highway Signage:
o Continue to seek update from Caltrans and otherwise support installation of Downtown Willits highway directional signage for the benefit of the local economy. • Caltrans Clean California Grant:
o Enter into Grant Agreement with Caltrans.
o Coordinate a kick-off project management meeting.
o Work with City staff to identify engineering and construction management services to support construction elements funded by the grant. Grant funds are available to support staff and consultant time.
1 Monthly Achievements & Activities
• Completed the Fiscal Year 2020-2021 Audit.
• Completed the Fiscal Year 2020-2021 Single Audit. A prerequisite for the Caltrans Beautification Grant award.
• Completed the Springbrook payroll parallel run (simultaneously running ADP and Springbrook).

Configured the online banking requirements for direct deposit facilitation.

Project Updates
• Schedule with Springbrook the implementation of the utility billing module. • Fiscal Year 2021-2022 Audit (beginning the interim setup). o Drafted fixed assets and long-term debt units.
o Collected backup for GASB 68 requirements.

Staffing Items
• Exploring the option of teaming up with the City of Ukiah to jointly use the services of their accounting consultant to expedite audit preparation.

Budget Status
• Sent out initial timeline for the next biennial budget preparation. • Prepared the chart of accounts (COA) crosswalk budget for upload into Springbrook. The COA is a list of all accounts used to record financial transactions. • Composed Department spreadsheets for budget preparation.

Focus for Next Month
• Fiscal Year 2021-22 Audit.
o Schedule of Expenditures and Federal Awards (SEFA) Testing for FYs 2020-21. Necessary for grant administration.
o Bank Reconciliation for FY 21-22.
• Quarterly Budget Reports for budget process.

Finance October/November 2023 | Report
1 Monthly Achievements & Activities
October 2022 October 2023
• 911 Calls Received 53 56
• Calls for service (CFS) 859 496
• Cases 112 53
• Arrests 63 19
• Citations 111 31
Project Updates
• Conducted panel interviews of applicants for Police Sergeant, Police Officer, Dispatcher, and Community Services Officer.
• Began pre-employment background investigations for two Community Service Officer candidates; continued background investigations for one Police Officer candidate, and one Police Officer Trainee (Academy Attendee) candidate.
• The Department has an ongoing recruitment to fill vacancies for Dispatcher and Community Service Officer, as well as Police Officer and Police Sergeant. • Department staffing stands at about 50-percent of authorized strength; temporary augmentation to ensure we are providing around-the-clock coverage is still being provided via mutual aid agreement with the Mendocino County Sheriff. • We visited the College of the Redwoods Public Safety Training Center to recruit unaffiliated students at the Dispatch Academy, and met with unaffiliated Police Academy recruits as well. • Field Training continues for our senior officer-in-training; while non-field training continues for our most recently hired officer.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Officer John Gale will attend the 40-hour Field Training Officer course. Once completed, Officer Gale will be certified to train newly hired officers in the Field Training Program which allows them to work as solo patrol officers.
• Complete the hiring and on-boarding of a prior-service Police Officer candidate, and begin the Field Training reorientation.

Police Department October 2023 | Report
2 • Continue the Field Training program to certify our two junior Officers for solo patrol. • Recruitment for vacancies in both sworn and non-sworn positions, including visiting the Delta College basic Police Academy class to meet unaffiliated recruits. 1 Monthly Achievements & Activities
November 2022 November 2023
• 911 Calls Received 48 46
• Calls for service (CFS) 715 553
• Cases 135 52
• Arrests 72 28
• Citations 58 27
Project Updates
• Acquired five RADAR units and put them into service.
• Officer John Gale completed the 40-hour Field Training Officer course and is now certified and assisting in the training of our newly hired officers.
• Willits Police Officers Association donated ten turkeys to the Willits Food Bank, to assist in the Community Thanksgiving meal provided at the Harrah’s Senior Center.

Staffing Items
• Hired and began orientation for returning Police Officer Damian Angell. • Continuing pre-employment background investigations for two Community Service Officer candidates and one Police Officer Trainee (Academy Attendee) candidate. • The Department has an ongoing recruitment to fill vacancies for Dispatcher and Community Service Officer, as well as Police Officer and Police Sergeant. • Department staffing stands at about 50-percent of authorized strength; temporary augmentation to ensure we are providing around-the-clock coverage is still being provided via mutual aid agreement with the Mendocino County Sheriff.

Budget Status
• No items to report.

Focus for Next Month
• Continue the Field Training program to certify Officer Jamie Cary for solo patrol. • Schedule three Officers to attend the POST Basic RADAR/LIDAR Operator Course, allowing them to utilize the new RADAR units for speed enforcement.

Police Department November 2023 | Report
2 • Begin public education campaign regarding traffic safety, including: use of speed awareness trailer; social media posts; high visibility RADAR speed enforcement; pedestrian crosswalk sting operations; etc.
• Recruitment for vacancies in both sworn and non-sworn positions, including visiting the Delta College Basic Police Academy class to meet unaffiliated recruits. 1 Monthly Achievements & Activities
• Cleared City owned bridges of debris and garbage from homeless encampments prior to the rainstorms (lower volume than usual was noted).
• Restocked material bins prior to winter and received the flood mitigation supplies. • Cleared and prepared multiple inlets and storm drains in advance of the rainy season. • Relocated neglected planters to Snider Park from W. Commercial Street. • Turned off irrigation or limited to low applications since fields and trees are starting to enter dormancy.
• Painted the interior of the restrooms at Snider Park in an effort to reduce graffiti. • Running the street sweeper regularly on Fridays, and other additional days when scheduling allows.

November
• Hung the Xmas decorations on the downtown lamp posts. Repaired the aging decorations were to provide another year of enjoyment, but unfortunately will need to be replaced soon. • Increased street sweeping by adding extra days of service whenever possible. • Conducted annual compliance inspections at the Services & Facilities Yard by both the County regulators and CIRA/REMIF. Clean up efforts continue and both entities noted the efforts and improvements.
• Patching potholes as this will be ongoing through the winter. • Restocked the supply of sandbags and filled the sand bin. Serviced the sand truck. Readied emergency signage for immediate deployment.
• Applied the new logo to service vehicles per the rebranding package.

Project Updates
• Completed the Pin Wheel art installation at Highway Twenty Park. The artist Cjay Roughgarden was on hand to oversee the install, as was donor Jane Camp. • Constructing the shade canopies at the Soccer Field and Skate Park. • Installing a security camera system on the Snack Shack building at the Sports Complex. The camera system consists of four cameras, covering each entrance and the restroom area. • Continuing with water line repairs at several locations. • Repaired sewer lateral repairs at multiple locations. • Pruned two mature liquid amber trees at the corner of W. Mendocino Ave. and Main St.

Additional work may be needed to make the trees safe, and pruning of other overgrown trees in the area is being planned for the near future.

Services & Facilities October/November 2023 | Report
2 • Completed mitigation in the state wetlands as a requirement by the inspector on the waterline project.
• Contracted the stump grinding from the last round of removals at the Recreation Grove. • Ran conduit to the Services and Facilities Offices and at the Wastewater Treatment Plant to accommodate data cables as part of the IT Upgrade Project. • Received new logo for the fleet vehicles per the rebranding.

November
• Trimmed vegetation from multiple areas for pedestrian clearance and vehicle line of sight.

Focused on the following areas: Alder Ct. (adjacent to the senior living facility), Hazel St., Holly St., and Franklin Ave.
• Completed the shade canopies at the Soccer Field and Skate Park. • Replaced several street signs including street name signs, stop signs, and no parking signs. • Reconfigured storage rooms and closets at City Hall and evaluated their contents. Work also continues on the building’s lighting and A/V systems.
• Conducted soil testing in the wetland areas adjacent to the Skate Park to assist in the Great Redwood Trail project and environmental requirements.
• Installed bollards to protect various fire hydrants from vehicle collisions, there are more planned at locations where this is a continued concern.
• Crew is placing an illuminated Christmas Tree at Babcock Park. The crew is also working to restore the fountain.
• Turned off irrigation to parks, fields, and trees for the season. Winterized water fountains and spigots to prevent freezing or damage. Mowing and grass maintenance slowed drastically as the turf goes dormant for the winter.
• Cleaned storm drain inlets and ditches due to the accumulation of fallen leaves.

Staffing Items
• Darin Bowlds is out for 4 to 6-weeks on medical leave.

November
• Darin Bowlds returned from medical leave with no restrictions. • Various crew members are taking time off throughout the Holidays to spend time with families, as encouraged by management.

Budget Status
• No items to report.

Focus for Next Month
• Prepare the Holiday Decorations for Downtown.
• Continue increased sweeping and storm drain clearing until the leaves are finished dropping. • Finish the shade canopies at the Sports Complex.
3 • Get WIFI at the Sports Complex to allow monitoring of the Security Camera System. • Pothole patching and pavement repair as needed.
• *Prepare for annual facility inspections from the County Hazmat Department and CIRA (insurance risk pool).
• Continue to winterize parks and facilities.
• Planning for spring projects and improvements.

November
• Continue seasonal pothole patching and storm drain clearing as needed. • Keep the parks, streets, and facilities clean, open and accessible during the holidays and inclement weather.
• Replace street signs as needed (several have been damaged by vehicles during the recent wet weather).
• Deploy and stage flooded advisory and cautionary signs at key locations in preparation for the upcoming storm season.
• Brush and debris removal from roadways for pedestrian and vehicle safety. • Planning for spring/summer improvements in the parks. • Grading and improvements to the Airport fire lane access gate. • Sweep Airport tie-down apron and runway.
1 Monthly Achievements & Activities
• Cleaned 2,800 lineal feet of sewer mainline.
• Repaired diffuser chain in the south aeration basin at Wastewater Treatment Plant (WWTP). • Repaired and serviced six-inch, waste trash pump at WWTP. • Removed tulle reeds (umbrella sedge) out of front storm pond at WWTP. • Repaired sewer lateral offset at 423 E. San Francisco Avenue. • Ordered parts and sent off failed hidrostal storm pump to get rebuilt at WWTP. • Replaced water service line and meter at the Little Lake Health Center. • Completed California Environmental Reporting System (CERS) annual inspection with Mendocino County SWTP.
• Repaired water service leak at the WWTP
• Calibrated and cleaned raw water and pre-clarifier turbidity meters at Surface Water Treatment Plant (SWTP).
• Repaired fire hydrant and installed bollards on N. Lenore Street hit by a vehicle. • Replace motor starter at the Northbrook Pressure Pump Station. • Completed that annual maintenance on the Centennial Spillway by removing debris and mortar patching from the previous season after removing the dam boards. • Cleaned the landing that accommodates the effluent valves below Morris Dam. • Completed the addition of a priming sodium hypochlorite control feature on the SCADA system at the SWTP.
• Completed winterization of distribution pump stations and at the water treatment facility.

Project Updates
• Ongoing: Sewer lateral inspection program.
• Ongoing: Water meter replacement program.
• Ongoing: Grounds maintenance at Water/Wastewater facilities. • Reservoir Capacity: Morris 531-acre feet and Centennial 430-acre feet equates to 74-percent of full capacity (November 8th).
• Oct. 2023 Water Usage: SWTP: 21,849,043 MG. Oct. 2022: 19,748,544 MG.

GWTP: None. Oct. 2022: None.

Totals: 21,849,043 MG. Oct. 2022: 19,748,544 MG.
• Non-Potable Water Usage [Truck Fill Station]: 160,811 K/Gals. Oct. 2022: 262,325 K/Gals. • Oct. 2023 Wastewater Treatment Plant Flows: 18,894,195 MG.

Utilities October 2023 | Report
2 • Ordered replacement media for the GWTP pressure vessels. • Pulled #3 raw water pump with re-installation scheduled for November. • Removal of the vegetation was completed at Centennial Reservoir by Calfire, Chamberlin Crew. • Ordered replacement storm pump for WWTP Headworks.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Schedule replacement of water mainline valve on S. Main St (Wipf Construction) looking into valve insertion instead of a system shutdown to minimize impacts to the Safeway Shopping Complex. Ordered valve from Tap Master approximately 8-9 weeks out. • Schedule Potable Divers, INC. to clean all water distribution tanks (required every five-years) we are in year four. Tentative date in November.
• Schedule GWTP media removal and replacement with water surplus. 1 Monthly Achievements & Activities
• Cleaned 11,900 lineal feet of sewer mainline.
• Completed three sewer lateral inspections for home sales. • Repaired and reinstalled storm pump #3 at the Wastewater Treatment Plant (WWTP). • Deployed the vactor truck to assist the Streets Division with storm drain cleaning. • Replaced old pump and motor at the Northbrook Pump Station. • Built new pump housing within the Northbrook Pump Station. • Continued freeze protection work at all water/wastewater facilities. • Replaced Human Machine Interface (HMI) on the finished chlorine monitor at the Surface Water Treatment Plant (SWTP).
• Operators assisted with monthly water shutoffs.
• Cleaned filter side of filter’s #1 and #2 at SWTP.
• Worked with Pumpman to extend the electrical leads on the raw water pump #3. • Replaced water meter service on Viola.
• Repaired sodium hypochlorite line in the vault at SWTP. • Built new drawdown measuring device for the potassium permanganate pump at SWTP. • Checked and ran all water distribution backup generators at pump stations. • Repaired leak and installed new customer shut off and check valve on East Hill Estates.

Project Updates
• Reservoir Capacity: Morris 510-acre feet and Centennial 481-acre feet equates to 76-percent of full capacity (December 4th).
• Nov. 2023 Water Usage: SWTP: 17,342,694 MG. Nov. 2022: 15,384,507 MG.

GWTP: None. Nov. 2022: None.

Totals: 17,342,694 MG. Nov. 2022: 15,384,507 MG.
• Non-Potable Water Usage [Truck Fill Station]: 14,811 K/Gals. Nov. 2022: 29,497 K/Gals. • Nov. 2023 Wastewater Treatment Plant Flows: 21,314,322 MG. • Ordered replacement media for the GWTP pressure vessels. • Pulled #3 raw water pump with re-installation scheduled for December. • Ordered replacement storm pump for WWTP Headworks.

Staffing Items
• No items to report.

Utilities November 2023 | Report
2 Budget Status
• No items to report.

Willits City CouncilDecember 13, 2023

Willits City Council
December 13, 2023