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Home My WebLink About2011-11-16 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 16, 2011 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Meeting Of 11/02/11 b. Special Meeting Of 10/11/11 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report Of Disbursements For Month Of October 2011 b. Approve Budget Amendment For Skate Park Project To Provide For Expenditures In Fiscal Year 2011-2012. C. Notification To City Council Of Acquisition Of Services From California Department Of Forestry For Creek And Drain Maintenance In The Amount Of $7,500. d. Notification Of Purchase Of Training In The Amount Of $7,500.00 From Anthony Kastros. e. Approve Extension Contracts For Renovation Of Ukiah Municipal Swimming Pool And Anton Stadium Facilities And Authorize The City Manager To Execute The Contract Extensions And Record The Deed Restrictions. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) a. Conduct A Public Hearing To Review And Approve The City Of Ukiah's Program Income Reuse Plan For The Community Development Block Grant (CDBG) Program b. Conduct A Public Hearing For The Review And Approval Of The Community Development Block Grant (CDBG) Business Assistance Program Guidelines 12. UNFINISHED BUSINESS a. Continuation Of Discussion And Consideration Regarding Updating Procurement Policy And Limits, And Corresponding Resolutions. b. Approve Change Order #2 For The Continued Development Of The Anton Stadium Restoration Engineered Steel Building Specification Number 11-02 Amending Total Contract Amount To Ferranti Construction To $664,387 And Receive A Status Update On Construction Progress. C. Second Solid Waste Discussion: Waste Collection And Transfer Station Agreements 13. NEW BUSINESS a. Adopt Ordinance Amending Division 5, Chapter 5 Of The Ukiah City Code To Remove Outmoded Provisions In Order To Be Consistent With Current Practice Of Solid Waste Handling And To Allow For Future Changes b. Fire Services Alternatives C. Authorization For City Manager To Negotiate And Execute A Contract In An Amount Not To Exceed $30,000 For Acquisition Of Professional Services From Laminar Energy Services, Inc. For Evaluation And Inspection Services For The Hydro Electric Facility And Report Of Expenditure In The Amount Of $9500 For Consulting And Inspection Services Associated With Initial Investigation. (EUD). 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Electric Unit b. Conference with Legal Counsel—Existinq Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 10th day of November, 2011. JoAnne Currie, City Clerk Item 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 11/212011 ROLL CALL Ukiah City Council met at a Regular Meeting on November 2 2011, the notice for which being legally noticed on October 27, 2011. Mayo(R,dih"called the meeting to order at 6:00 pm. Roll was taken with the following CoLirtdi 'members present: Landis, Thomas, Crane, Baldwin, and Mayor Rodin. Counicillm, m ers absent. -None. Staff Present: City Manager Chambers, Assistant City Manager ' Sangiacomo, City Attorney Rapport, City Clerk Currie, Purchasing Supervisor Homer; Finance Director El , to n,, Assistant Finance Director Roth, and Public Works Direct8i, City Engineer Eriksen'.-`, 2. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. 5. a. RegularMeeting Of 10119/1 1 dis1I3AI'dwin46bp0rove minutes of Regular Council Meeting of 10/19/11 as WAY d.11 Motion, 'tried by''a E voice vote of the members present. 6. RIGHT TO APPEAL DEC 7. a. Possible Adoption 'Of,Resolutibn Amending Rules Governing Council Meetings b. Authorize. City Met' Oer To Negotiate And Execute An Amendment To The Contra8i'*15th Warte" 'VcClung ASLA For Continued Work On The Riverside Park Project To' Fie Fully.Reimbursed By California Prop 50 River Parkways Grant. C. Report To 0 , u --'bf The Expenditure Of $7,259.58 To One Source Distributors For The Purchase Of Miscellaneous 200 Amp Underground Connectors For The Electric Utility Department. (EUD) d. Report To Council Of The Expenditure Of $6,192.69 To HD Supply, Benicia CA For The Purchase Of 12 Each 15 kV Feed Thru Inserts And 24 Each 15 kV Tee Splices For The Electric Utility Department. (EUD) e. Report To Council Of The Expenditure Of $6,060.81 To One Source Distributors For The Purchase Of 24 Splices And $2,901.75 To General Pacific For The Purchase Of 24 Shearbolt Connectors For The Electric Utility Department. (EUD) f. Report The Purchase Of Water Tank/Reservoir Cleaning And Inspection Services In The Amount Of $11,491.62. Page 1 of 5 11/2/2011 8. g. Report To Council The Repair Of One 10" And One 16" Vertical Turbine Solid Handling Pump By Vaughan's Industrial Repair Company, Inc. In The Amount Of $23,015.02 Plus Shipping h. Authorize The City Manager To Amend The Existing Contract With ZGlobal To Increase Contract Funding In The Amount Of $45,000 For Electric Reliability Regulatory Compliance Services Related To National Electric Reliability Corp. (NERC) And Western Electric Coordinating Council (WECC). EUD M/S Thomas/Landis to Approve Consent Items 7a -7h. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None Bill Townsend expressed concern over plans are for the location of the potential regards to the courthouse location. 9. COUNCIL REPORTS Councilmember Landis reported the Mendocino met with the coast woody biomass group regarc sustainable fuel study. The:tuuo groups, inlanei studies to promote sensible ,regional utiliza simultaneously providing for the festoration of the Mayor Rodin reported,LAFCO is meeting five hour commissioner firaining. 10. CITY None. if the City knows what the :)ncern for Gibson Creek in y Woody Biomass working group retention study that will lead to a oastal are coordinating on these of small diameter trees while 7, 2011, at 7:30 am for a Assistant Ctt}rAbitiager Sangtacomo "resented the items 13a, 11 a, 11 b, and 11 c. RecommendedAcfidh .for it�rrims 13a, 11 a, 'f' b, and 11 c: Adopt the resolution focthe City of Utlah to become a member of the CMFA. (Item 13a) 2. Gonduct three Public Heanhgs,for the Creekside Village, McCarty Manor, and Wal60t Village Apartment Projects under the requirements of TEFRA and the Internal ,,Revenue Code of 1986, as amended (the "Code"). (Items 11 a -c) 3. Adopt the�resolutiorYs approving the issuance of the Bonds by the CMFA for the benefit of,�Pine G' rdens 1, a California nonprofit public benefit corporation (the "Borrower"), to: r' -'Vide for the financing of the Creekside Village, McCarty Manor, and Walnut Village Apartment Projects, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500. (Items 11 a -c) 13. NEW BUSINESS a. Approve A Resolution Of The City Council Of The City Of Ukiah Approving A Joint Exercise Of Powers Agreement Relating To The California Municipal Finance Authority Page 2 of 5 11/2/2011 11. PUBLIC HEARINGS (6:15 PM) a. Conduct Public Hearing For Creekside Village Apartments Project Under The Requirements Of TEFRA And The Internal Revenue Code Of 1986, As Amended (The "Code") And Consideration Of A Resolution Of The City Council Of The City Of Ukiah Approving The Issuance Of Multifamily Housing Revenue Bonds By The California Municipal Finance Authority For The Purpose Of Financing The Acquisition And Rehabilitation Of A Multifamily Rental Housing Facility Known As Creekside Village Apartments b. Conduct Public Hearing For McCarty Manor Apartments Project Under The Requirements Of TEFRA And The Internal Revenue Code Of 1986, As Amended (The "Code") And Consideration Of;,A Resolution Of The City Council Of The City Of Ukiah Approving 'he Issuance Of Multifamily Housing Revenue Bonds By The Authority Tor The Purpose Of Financing The Acquisition And Rehabilitation Of A, Multifamily Rental Housing Facility Known As McCarty Manor Apartments " C. Conduct Public Hearing For WaInu1E"Village Apartments Project Under The Requirements Of TEFRA And;Ttie Internal Revenue;,, Code Of 1986, As Amended (The "Code") And € ri'sideration Of A Resolution Of The City Council Of The City Of UkiahApproving The Issusoce, Of Multifamily Housing Revenue Bonds By The di ifornia; rMuihicipal Finance Authority For The Purpose Of Financing The Acquisition And Rehabilitation Of A Multifamily Rental Housfbg>Facility KnovunAs Walnut Village Apartments Bruce Alfano, Executive Dire explained the projects-, Public Hearing , Public Speaking;;. these projects an Public Hearina Cl M/5 Lrane/LarMIS by the following rdI NOES; None. ABS ida, Director of Development, of RCHDC 12. UNFINISHED BUSIN a. Solid Waste Agree me.ht,s Discussion: Collection And Transfer Station Franchise Councilmember`Crane recused himself due to a potential conflict of interest and exited the council chambers. City Manager Chambers, Councilmembers Landis and Thomas, City Attorney Rapport, and Finance Director Elton presented the item. Assistant Finance Director Roth and Public Works Director and City Engineer Eriksen were available to answer questions. Recommended Action(s): Direct staff to place this item on the Council agenda for action at the November 16, 2011 Council meeting. Julie Price and Richard Johnson, Ukiah Waste Solutions, presented a power point. Page 3 of 5 11/2/2011 City Manager Chambers reported the proposition 218 notices have been mailed, and December 7, 2011, is the public hearing. City Attorney Rapport recommends approving the contracts before adopting the rates. Public comment opened 7:45 pm Public Speaking to the Item: JR Rose; Susan Knopf; Estelle Clifton, agent for Cold Creek Compost; Mike Sweeny; Linda Sanders, Ukiah Resident; John McCowen; and Steve Scalmanini. Public comment closed 8:38 pm Richard Johnson and Michael Brown, SWS, expl change if they mixed food and green waste Councilmember Thomas left dais 8:38 pm returned Consensus of the City Council is to inuite'Mr. Sween hoc committee meetings. The franchise agreement discussions will be co Recessed 9:10 pm Returned 9:21 p Councilmember Crane returned to t how operations would the solid waste ad to November 16, 2011. City Manager Charnbers suggested bringing expenditure policy language back anrivafly at budget time. Staff to bcirtg„back "'tions including some consumable exemptions and dollar limits. Item continued. 13. NEW BUSINESS b. Discussion And Possible Appointment of Planning Commission Member Councilmember Landis presented the item. Recommended Action(s): Councilmember Landis may nominate a Planning Commissioner and City Council to vote on the nomination. Councilmember Baldwin requests commission stipends be agendized within six weeks. Page 4 of 5 11/2/2011 Mayor Rodin requests the process of appointing planning commissioners be agendized at the second meeting in January. Councilmember Landis nominated Kevin Doble. M/S Thomas/Crane to approve Appointment of Planning Commission Member, Kevin Doble. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS C. Honeywell Projects Status - Verbal Report City Manager reported that Honeywell has not b tight forward a proposal yet. Public Comment opened 11 pm Speaking in opposition of a Honeywell prod&et: Susan Knopf; Jamie Connerton; Pinky Kushner; Sanderson Hill; Steye'Soalmanini; and'Annie Esposito. Public comment closed 11:25 pm 13. NEW BUSINESS Closed Session 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:25 pm. JoAnne M. Currie, City Clerk Page 5 of 5 11/2/2011 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 5:00 pm 10/11/2011 1. ROLL CALL Ukiah City Council met at a Special Meetinc being legally noticed on October 6, 201 1.Ma pm. Roll was taken with the following: G+� Baldwin, and Mayor Rodin. Councilme't ( potential conflict of interest). Staff Pres(pn Manager Sangiacomo, City Attorney Rapport Assistant Director of Finance moth, and Solid 2. PRESENTATION a. Report On Progressive Disposal Services Item 5b en: {October 11, 2011, the notice for which rdr Rodin called the meeting to order at 5:10 uncilmembers -present: Landis, Thomas, rs absent: Crane (Recused because of a City Manag& Chambers presented the Jtem. Th, - 218 notice, if approved, will go out net inreek, theft auler agreement will come forward at the November 2, 2011 Council meeting, and 'b'ecember 7,'2011 would be the Public Hearing to consider adoption of th egarbage aid, recycling collection rates. Recommended Public Speaking: o theat6m: Estelle received. n, Cold Creek Compost agent. b. Discussion And Possible Action To Provide Notice And Conduct A Hearing On Prosed Curlside Waste Collection Fee Increases Pursuant To Proposition 218 Aitd Division 4, Chapter 6, Article 1 Of The Ukiah City Code, Commencing>U11rth`Section 3950 Finance Director Elton presented the item. Recommended Action(s): Set Wednesday December 7, 2011, as the date for the Public Hearing to consider adoption of curbside garbage and recycling collection rates. Direct staff to mail the Prop 218 notice, based on the proposed rate schedule, to the appropriate customers. Councilmember Landis requested a change to the notice of proposed increase in rates for solid waste collection and disposal service. In the second to the last paragraph, last sentence to read, "At the optional rate hearing, the City Council Page 1 of 2 10/11/2011 may consider any financial information considered relevant by the City Council, to determine whether the rates are fair to the rate payers and appropriately compensate the franchised waste hauler for the cost of providing the service". Councilmember Baldwin suggested clarification in the notice regarding what the rates increases are based on and when rates can be increased. Jack Simmons, C&S Waste Solutions Controller, was available to answer questions. Bruce McCracken, Ukiah Waste Solutions, explained the new charges for green waste and exchange cart charge. Public Speaking to the item: JR Rose and Estelle„Clifton, Cold Creek Compost agent. Julie Price, Ukiah Waste Solutions, was available`to answer questions and spoke about uses of food waste. Public Speaking to the item: E Consultant Jones stated for the redord t rate payers. The City of Ukiah has beor correct a statement made.that he had i the sale and transfer of ttte company Attorney Rapport confirmed, hiss ateme 3. PUBLIC COWtNTS 4. Ab OURNMENT no furth JoAnne M. Currie, City QIerk ness, Cold Creek Compost agent. at he is,independent.and representing the his clierft for three decades. He wished to -part in the negotiation or the process in o6 Mr. Ratto and Mr. Carroll. City nt. #iV Wednesday, December 7, 2011, as the er ad, ption of cu46side garbage and recycling t[`e Prop "218 notice, based on the proposed Comers. The notice is to include the suggested ;,the following roll call votes: AYES: Landis, �clwin. ABSENT: Crane. ABSTAIN: None. ng adjourned at 7:05 pm. Page 2 of 2 10/11/2011 t -i ty 0 j"ZIk"jah ITEM NO.: 7a MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF OCTOBER 2011 Payments made during the month of October 2011, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 110001-110180, 110232-110425 Accounts Payable Manual check numbers: none Payroll check numbers: 109924-109959, 110188-110231 Payroll Manual check numbers: none Void check numbers: 109960-110000, 110181-110187 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Fiscal Impact: H Budgeted FY 11/12 1-1 New Appropriation a Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Continued on Paqe 2 Recommended Action(s): Approve the Report of Disbursements for the month of October 2011 Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Manager Prepared by: Accounts Payable Specialist II Coordinated with: Finance Director and City Manager Attachments: Reports of Disbursements Approved: ,Y� e Chambers, City Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF OCTOBER 2011 Demand Payments approved: Check No. 110001-110103, 110104-110180, 110232-110307, 110308-110425 FUNDS: 100 General Fund $165,855.44 600 Airport $59,167.78 105 Measure S General Fund $58,733.66 610 Sewer Service Fund 110 Special General Fund $1,011.55 611 Sewer Construction Fund 140 Park Development $126,650.97 612 City/District Sewer $107,256.52 141 Museum Grants 614 Sewer Capital Projects Fund $2,241.28 143 N.E.H.1. Museum Grant 615 City/District Sewer Replace 150 Civic Center Fund 620 Special Sewer Fund (Cap Imp) 200 Asset Seizure Fund $6,718.63 640 San Dist Revolving Fund 201 Asset Seizure (Drug/Alcohol) 641 Sanitation District Special $12,857.99 203 H&S Education 11489 (B)(2)(A1) $561.47 650 Spec San Dist Fund (Camp Imp) 204 Federal Asset Seizure Grants 652 REDIP Sewer Enterprise Fund 205 Sup Law Enforce. Srv. Fund (SLESF) $2,500.00 660 Sanitary Disposal Site Fund $637.07 206 Community Oriented Policing 661 Landfill Corrective Fund 207 Local Law Enforce. Blk Grant _ 664 Disposal Closure Reserve 208 Asset Forfeiture 11470.2 H&S 670 U.S.W. Bill & Collect $27,573.81 220 Parking Dist. #1 Oper & Maint $1,074.82 678 Public Safety Dispatch $1,634.90 230 Parking Dist. #1 Revenue Fund $75.00 695 Golf $74,834.68 250 Special Revenue Fund $16,682.37 696 Warehouse/Stores $2,7_4_1.81 255 ARC General Operating Fund $1,193.81 697 Billing Enterprise Fund $9,718.33 260 Downtown Business Improvement 698 Fixed Asset Fund $175,832.29 270 Signalizaton Fund 699 Special Projects Reserve 290 Bridge Fund $175.00 765 City RDA Projects $13,151.29 300 2106 Gas Tax Fund 800 Electric $701,394.76 301 2107 Gas Tax Fund 805 Street Lighting Fund $12,940.67 303 2105 Gas Tax Fund 806 Public Benefits Charges $40,209.03 310 Special Aviation Fund 820 Water $140,492.27_ 315 Airport Capital Improvement 840 Special Water Fund (Cap Imp) 330 1998 STIP Augmentation Fund 900 Special Deposit Trust _ $18,798.03 332 Federal Emerg. Shelter Grant 910 Worker's Comp. Fund $118_,793.74 333 Comm. Development Block Grant 920 Liability Fund 334 EDBG 94-333 Revolving Loan 940 Payroll Posting Fund $201,605.27 335 Community Dev. Comm. Fund 950 General Service (Accts Recv) $664.69 336 08 -HOME -4688 _ 960 Community Redev. Agency $957.17 337 CDBG Grant 09-STBG-6417 961 RDA Housing Pass -Through 340 SB325 Reimbursement Fund_ 962 Redevelopment Housing Fund $951.82 341 S.T.P. $1,825.00 963 Housing Debt 342 Trans -Traffic Congest Relief 964 RDA Capital Pass -Through 345 Off -System Roads Fund 965 Redevelopment Cap Imprv. Fund $14,746.87 410 Conference Center Fund $5,677.00 966 Redevelopment Debt Svc. 550 Lake Mendocino Bond-Int/Red _ 967 Housing Bond Proceeds 555 Lake Mendocino Bond -Reserve 966 Non -Housing Bond Proceeds 575 Garage $2,085.02 975 Russian River Watershed Assoc $33,857.43 976 Mixing Zone Policy JPA PAYROLL CHECK NUMBERS 109924-109959 TOTAL DEMAND PAYMENTS- A/P CHECKS $2,163,879.24 DIRECT DEPOSIT NUMBERS 53449-53641 TOTAL DEMAND PAYMENTS -WIRES' & EFT's $891.00 PAYROLL PERIOD 9/18/11-10/1/11 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $684,675.21 PAYROLL CHECK NUMBERS 110188-110231 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $543,411.11 DIRECT DEPOSIT NUMBERS 53642-53833 vendor name( if applicable) PAYROLL PERIOD 10/2111-10/15/11 VOID CHECK NUMBERS: 109960-110097,110181-110187 TOTAL PAYMENTS $3,392,856.56 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Clerk CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance ACCOUNTS PAYABLE 10/06/2011 10:16:20 Schedule of Bills Payable FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 100 GENERAL FUND 48,848.81 105 MEASURE S GENERAL FUND 13,676.63 140 PARK DEVELOPMENT FUND 94,916.92 200 ASSET SEIZURE FUND 2,100.00 203 H&S EDUCATION 11489(B)(2)(Al 265.00 205 SUP.LAW ENFORCE.SVC.FD(SLESF 2,500.00 220 PKG. DIST. #1 OPER & MAINT 285.62 230 PKG. DIST. #1 REVENUE FUND 75.00 290 BRIDGE FUND 175.00 410 CONFERENCE CENTER FUND 41.88 575 GARAGE FUND 529.71 600 AIRPORT FUND 344.80 612 CITY/DIST. SEWER FUND 12,068.43 641 SANITATION DISTRICT SPECIAL 42.85 678 PUBLIC SAFETY DISPATCH FUND 438.25 695 GOLF FUND 654.58 697 BILLING ENTERPRISE FUND 4,705.71 800 ELECTRIC FUND 4,616.34 820 WATER FUND 33,200.30 900 SPECIAL DEPOSIT TRUST FUND 667.83 940 PAYROLL POSTING FUND 2,840.51 950 GENERAL SERVICE (ACCTS RECV) 405.34 965 REDEVELOPMENT CAP IMPR FUND 10,341.50 TOTAL ALL FUNDS 233,741.01 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- UBOC UNION BANK OF CALIFORNIA 233,741.01 TOTAL ALL BANKS 233,741.01 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE APPROVED BY :. ...... CITY OF UKIAH GL060S-V07.12 RECAPPAGE GL540R ACCOUNTS PAYABLE 10/06/2011 10:16:20 VENDOR NAME DESCRIPTION AFLAC - FLEX ONE UNREIMBURSED MEDICAL ALL-AMERICAN PUBLISHING UHS POSTER AD ALL -GUARD ALARM SYSTEMS OCT11 ALARM MONITORING ASCE-MEMBERSHIP MBRSHP DUES -B KAGEYAMA AT&T DATACOMM MAINTENANCE MAINTENANCE AT&T MOBILITY WIRELESS PHONE SRVS BAARTS/ERIK TRAVEL 10/14/11 BAKER/ANN FITZPATRICK RIVERSIDE PARK ARCHITECT RIVERSIDE PARK ARCHITECT BAUER/JIM SEPT11 MILEAGE BOGHOSIAN/JOYCE TRAVEL 9/6-9/9/11 BORGES & MAHONEY INC PARTS BOTTLE SHOP/THE LUNCH -TRAINING LUNCH -TRAINING LUNCH -TRAINING CALIF CONTRACTORS SUPPLI CABLE TIES DIST USE TAX Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 272.51 MEDICAL & DEPENDANT REIM 940.200.728 265.00 SPECIAL SUPPLIES 203.2001.690.000 65.00 BURGLAR ALARM MAINTENANC 612.3580.280.000 210.00 DUES & SUBSCRIPTIONS 100.3001.260.000 2,039.15 MACHINERY & EQUIPMENT 100.1965.800.000 204.00 MACHINERY & EQUIPMENT 100.1965.800.000 2,243.15 *VENDOR TOTAL 42.85 TELEPHONE EXPENSE 641.7402.220.001 45.00 TRAVEL & CONFERENCE EXPE 105.2001.160.000 5,299.84 RIVERSIDE PARK DEVELOPME 140.6050.930.006 4,888.76 RIVERSIDE PARK DEVELOPME 140.6050.930.006 10,188.60 *VENDOR TOTAL 45.23 TRAVEL & CONFERENCE EXP 800.3642.160.000 561.32 TRAINING 105.2190.160.001 61.00 WTR TREATMT PARTS/MATERI 820.3908.302.001 45.28 MEMBERSHIPS & MEETINGS 105.2101.262.000 52.02 MEMBERSHIPS & MEETINGS 105.2101.262.000 46.78 MEMBERSHIPS & MEETINGS 105.2101.262.000 144.08 *VENDOR TOTAL 193.31 SPECIAL SUPPLIES 820.3908.690.000 0.90CR DISTRICT USE TAX LIABILI 900.205.237 192.41 *VENDOR TOTAL CITY OF UKIAH GL540R-V07.12 PAGE 1 CLAIM INVOICE 102862 FAX 102863 486242 -IN 102712 ACCT 31841 102864 1041560215 102496 329-063048 102496 329-063048 102743 287017917591 102713 ADVANCE 102745 6.2011 102747 5.2011 102749 REIMBURSEMENT 102750 REIMBURSEMENT 102498 131649 102751 60030 102752 60037 102754 60042 102680 FF59183 102680 FF59183 PO# F/P ID LINE P 554 00001 P 554 00002 P 554 00003 P 554 00004 040322 F 554 00005 040322 F 554 00006 P 554 00007 P 554 00008 040038 P 554 00010 040038 P 554 00009 P 554 00011 P 554 00012 P 554 00013 P 554 00014 P 554 00015 P 554 00016 P 554 00017 P 554 00018 ACCOUNTS PAYABLE 10/06/2011 10:16:20 VENDOR NAME DESCRIPTION CALIF STATE UNIV-SACRAME REGIST FEE -M WHYBURN CALIFORNIA RURAL WATER A MEMBERSHIP DUES CAROLLO ENGINEERS INC RECYCLED WTR MSTR PLAN CASE POWER & EQUIPMENT EQUIP #1421 HOOD TILT EQUIP #1421 GRILL EQUIP #1421 HOUSING RAD FREIGHT CHAN FAMILY ENT LP/PAUL OCT11 OFFICE RENT CONSOLIDATED ELECTRICAL ELECTRICAL SUPPL DIST USE TAX R1 REGISTER DIST USE TAX CUMMINS WEST INC. INSITE SUBSCRIPTION GENERATOR MAINT GENERATOR MAINT GENERATOR MAINT GENERATOR MAINT GENERATOR MAINT-OVERAGE GENERATOR MAINT Schedule of Bil1S Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 912.00 CONFERENCE AND TRAINING 820.3908.160.000 893.00 MEMBERSHIPS & MEETINGS 820.3901.262.000 2,267.50 REPLC MEDIA AWT FILTR UN 612.3580.250.007 929.34 VEHICLE REPAIR & MAINTEN 100.6001.303.000 413.20 VEHICLE REPAIR & MAINTEN 100.6001.303.000 1,261.31 VEHICLE REPAIR & MAINTEN 100.6001.303.000 112.70 VEHICLE REPAIR & MAINTEN 100.6001.303.000 2,716.55 *VENDOR TOTAL 554 00028 CITY OF UKIAH GL540R-V07.12 PAGE 2 CLAIM INVOICE PO# F/P ID LINE 102756 SPONSORCCE2198 P 554 00019 102865 NONE 102681 118259 102501 N33833 102501 N33833 102501 N33833 102501 N33833 P 554 00020 040183 P 554 00021 040603 F 554 00022 040603 F 554 00023 040603 F 554 00024 040603 F 554 00025 1,300.00 PARK OFFICE RENTAL 100.6001.330.001 102866 LEASE P 554 00026 10.89 SPECIAL SUPPLIES 800.3650.690.000 102682 8821-486343 ALARM MAINT. P 554 00027 O.05CR DISTRICT USE TAX LIABILI 900.205.237 102682 8821-486343 28.64 P 554 00028 161.63 EQUIPMENT MAINT & REPAIR 820.3908.302.000 102757 8821-486411 OCT11 P 554 00029 0.75CR DISTRICT USE TAX LIABILI 900.205.237 102757 8821-486411 554 P 554 00030 171.72 *VENDOR TOTAL ALARM MAINTENANC 800.3733.280.000 102871 210372 P 554 00043 445.71 EQUIPMENT MAINT & REPAIR 575.5801.302.000 102505 007-49727 100.6150.280.000 P 554 00037 933.22 EMERGENCY GENERATOR SERV 820.3908.250.009 102759 005-97281 040583 P 554 00031 1,187.20 EMERGENCY GENERATOR SERV 820.3908.250.009 102760 005-97284 040583 P 554 00032 1,656.50 EMERGENCY GENERATOR SERV 820.3908.250.009 102761 005-97285 040583 P 554 00033 566.58 EMERGENCY GENERATOR SERV 820.3908.250.009 102763 005-97302 040583 P 554 00034 350.79CR EMERGENCY GENERATOR SERV 820.3908.250.009 102764 005-97513 040583 P 554 00036 1,007.29 EMERGENCY GENERATOR SERV 820.3908.250.009 102765 005-97304 040583 F 554 00035 5,445.71 *VENDOR TOTAL CWEA CONF REGIST-K JUDD 95.00 TRAVEL & CONFERENCE EXPE 612.3580.160.000 102867 17440542 P 554 00039 CONF REGIST-R BARTON 95.00 TRAVEL & CONFERENCE EXPE 612.3580.160.000 102868 17440540 P 554 00038 190.00 *VENDOR TOTAL DEEP VALLEY SECURITY "24 OCT11 MONITORING 27.29 BURGLAR ALARM MAINT. 100.3110.280.000 102871 210372 P 554 00040 OCT11 MONITORING 28.64 BURGLAR ALARM MAINTENANC 820.3901.280.000 102871 210372 P 554 00041 OCT11 MONITORING 28.64 BURGLAR ALARM MAINTENANC 612.3505.280.000 102871 210372 P 554 00042 OCT11 MONITORING 24.47 BURGLAR ALARM MAINTENANC 800.3733.280.000 102871 210372 P 554 00043 OCT11 MONITORING 128.83 BURGLAR ALARM MAINT. 100.6150.280.000 102871 210372 P 554 00044 OCT11 MONITORING 28.46 BURGLAR ALARM MAINT. 695.6120.280.000 102871 210372 P 554 00045 OCT11 MONITORING 28.46 SECURITY EXPENSE 100.6001.280.000 102871 210372 P 554 00046 OCT11 MONITORING 22.95 FIELD ALARM MONITORING 100.6115.280.000 102871 210372 P 554 00047 ACCOUNTS PAYABLE CITY OF UKIAH 10/06/2011 10:16:20 Schedule of Bills Payable GL540R-V07.12 PAGE 3 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE DEEP VALLEY SECURITY "24 OCT11 MONITORING 42.96 CIVIC CENTER ALARMS 100.1915.280.000 102871 210372 P 554 00048 OCT11 MONITORING 41.88 BURGLAR ALARM MAINT. 410.6190.280.000 102871 210372 P 554 00049 OCT11 MONITORING 44.92 BURGLAR ALARM MAINTENANC 820.3908.280.000 102871 210372 P 554 00050 447.50 *VENDOR TOTAL DELL MARKETING L.P. KEYBOARD/MOUSE 65.50 SPECIAL SUPPLIES 697.1305.690.000 102770 XFFW3NCN3 040612 P 554 00052 COMPUTER 1,551.06 SPECIAL SUPPLIES 697.1305.690.000 102771 XFJIXWXW5 040612 F 554 00053 STATE ENV FEE 14.00 SPECIAL SUPPLIES 697.1305.690.000 102771 XFJIXWXW5 040612 F 554 00054 MONITOR 280.01 MACHINERY & EQUIPMENT 612.3510.800.000 102772 XFJ24WRP5 P 554 00055 HARD DRIVE 452.72 EQUIPMENT MAINT & REPAIR 100.1965.302.000 102773 XFFMR9379 P 554 00051 2,363.29 *VENDOR TOTAL DENBESTE LANDSCAPE SUPPL SHREDDED REDWOOD 77.58 SPECIAL SUPPLIES 100.6001.690.000 102683 830783 P 554 00056 DIST USE TAX 0.36CR DISTRICT USE TAX LIABILI 900.205.237 102683 830783 P 554 00057 77.22 *VENDOR TOTAL DEPARTMENT OF JUSTICE AUG11 BLOOD ANALYSIS 1,015.00 CHEMICAL TESTS FOR DUI'S 105.2001.250.017 102774 870237 P 554 00058 DEPARTMENT OF MOTOR VEHI STICKERS 15.00 SPECIAL SUPPLIES 105.2001.690.000 102869 NONE P 554 00059 LICENSES 15.00 SPECIAL SUPPLIES 105.2001.690.000 102869 NONE P 554 00060 30.00 *VENDOR TOTAL DEWEY/CHRISTOPHER UNIFORM ALLOWANCE 198.41 UNIFORM ALLOWANCE (FD/PD 105.2101.157.000 102870 REIMBURSEMENT P 554 00061 UNIFORM ALLOWANCE 198.40 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 102870 REIMBURSEMENT P 554 00062 396.81 *VENDOR TOTAL EEL RIVER FUELS AEROSHELL 141.21 AVIATION FUELS & LUBRICA 600.5001.451.000 102776 109777 P 554 00063 ELLIOTT/KATHARINE L FIG 08-04-116 S STATE ST 10,341.50 CONTRACTUAL SERVICES 965.5614.250.000 102873 FPG #08-04 040000 F 554 00064 EMPIRE WASTE MANAGEMENT PORTOLETS SRV 133.91 PORT -0 -LETS 100.6001.250.002 102684 2561-3 P 554 00067 PORTOLETS SRV 133.97 PORT -0 -LETS 100.6001.250.002 102685 2561-1 P 554 00066 PORTOLETS SRV 133.91 PORT -0 -LETS 100.6001.250.002 102686 2561-9 P 554 00071 PORTOLETS SRV 73.24 PORT -0 -LETS 100.6001.250.002 102687 2561-8 P 554 00070 PORTOLETS SRV 124.80 PORT -0 -LETS 100.6001.250.002 102688 2561-0 P 554 00065 PORTOLETS SRV 67.34 CONTRACTUAL SERVICES 800.3642.250.000 102689 2561-7 P 554 00069 PORTOLETS SRV 71.63 CONTRACTUAL SERVICES 800.5536.250.000 102690 2561-5 P 554 00068 738.80 *VENDOR TOTAL ACCOUNTS PAYABLE 10/06/2011 10:16:20 VENDOR NAME DESCRIPTION ENVIRONMENTAL SCIENCE EIR WALMART EXP FIRST ALARM OCT-DEC11 MONITORING OCT-DEC11 MONITORING FISHER WIRELESS SERVICES BATTERIES OCT11 RADIO MAINT RADIO REPAIRS ANTENNA REPAIR FORSGREN ASSOCIATES INC WATERSHED SANITARY SRVY WATERSHED SANITARY SRVY GENERAL PACIFIC INC. POLY TAGS & HOLDERS GOSSETT ALARM OCT-DEC11 ALARM MONITOR GRAINGER INC/W.W. ROCKER SWITCH GRANITE CONSTRUCTION COM ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT GRECO/LINA CLASSES-PILATES GROENIGER & CO. CPLR ADAPTER ELBOW DISCOUNT COUPLING GRADE RINGS BUSHINGS DISCOUNT Schedule of BillS Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 12,496.92 WALMART EIR CONSULT JN 0 100.1501.250.042 60.00 CIVIC CENTER ALARMS 100.1915.280.000 42.00 BURGLAR ALARM MAINT 105.2001.280.000 102.00 *VENDOR TOTAL 366.35 R & M RADIO EQUIPMENT 105.2101.302.000 250.00 RADIO EQUIPMENT SERVICE 678.2040.250.002 501.98 EQUIPMENT MAINT & REPAIR 105.2001.302.000 87.28 EQUIPMENT MAINT & REPAIR 105.2001.302.000 1,205.61 *VENDOR TOTAL 7,445.00 WATER SHED SANITARY SURV 820.3908.250.008 9,591.34 WATER SHED SANITARY SURV 820.3908.250.008 17,036.34 *VENDOR TOTAL 192.91 SPECIAL SUPPLIES 800.3733.690.000 84.00 BURGLAR ALARM MAINT. 575.5801.280.000 19.42 SPECIAL SUPPLIES 612.3580.690.000 910.38 WTR SYSTM REPAIR MATERIA 820.3948.690.002 76.02 SPECIAL SUPPLIES 100.6001.690.000 493.66 AGGREGATE BASE 100.3110.690.002 323.25 SPECIAL SUPPLIES 100.3110.690.000 439.73 AGGREGATE BASE 100.3110.690.002 2,243.04 *VENDOR TOTAL 137.20 CONTRACTUAL SERVICES 100.6120.250.000 127.15 INVENTORY - PURCHASES 820.131.002 38.10 INVENTORY - PURCHASES 820.131.002 1.53CR INVENTORY - PURCHASES 820.131.002 283.68 INVENTORY - PURCHASES 820.131.002 92.67 INVENTORY - PURCHASES 820.131.002 36.20 INVENTORY - PURCHASES 820.131.002 3.83CR INVENTORY - PURCHASES 820.131.002 CLAIM INVOICE 102691 94855 102714 472482 102715 472483 102692 211459 102716 711 102777 211142 102778 211577 102779 6482 102780 6487 102510 1132744 102717 STATEMENT 102512 9630193770 102784 134222 102785 134303 102786 134387 102787 134471 102788 134507 102874 INSTRUCTOR 102693 2026122-00 102693 2026122-00 102693 2026122-00 102694 5053876-00 102694 5053876-00 102694 5053876-00 102694 5053876-00 CITY OF UKIAH GL540R-V07.12 PAGE 4 PO# F/P ID LINE 039514 P 554 00072 040493 P 554 00073 040493 P 554 00074 P 554 00076 P 554 00078 P 554 00075 P 554 00077 040394 P 554 00079 040394 P 554 00080 P 554 00081 P 554 00082 P 554 00083 P 554 00084 P 554 00085 P 554 00086 P 554 00087 P 554 00088 P 554 00089 040591 P 554 00090 040591 P 554 00091 040591 P 554 00092 040591 P 554 00093 040591 P 554 00094 040591 P 554 00095 040591 P 554 00096 ACCOUNTS PAYABLE 10/06/2011 10:16:20 Schedule of Bills Payable FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT GROENIGER & CO. GRADE RINGS 370.66 INVENTORY - PURCHASES 820.131.002 DISCOUNT 3.44CR INVENTORY - PURCHASES 820.131.002 TAPPING SADDLE 330.62 INVENTORY - PURCHASES 820.131.002 DISCOUNT 3.07CR INVENTORY - PURCHASES 820.131.002 1,267.21 *VENDOR TOTAL GROUNDWATER PUMP & WELL WELL #7 PUMP SETUP 420.00 EQUIPMENT MAINT & REPAIR 820.3908.302.000 GUZMAN/MARIANO UNIFORM ALLOWANCE 218.94 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 HARRIS/MELODY TRAVEL 10/12-10/13/11 55.00 TRAVEL & CONFERENCE EXPE 100.1601.160.000 HD SUPPLY UTILITIES LTD MINI WEDGES 445.01 INVENTORY - PURCHASES 800.131.002 HD SUPPLY UTILITIES LTD SUPPLIES 145.25 INVENTORY - PURCHASES 800.131.002 HELSEL/ROD DOOR REPAIR SRV CALL 125.00 CIVIC CENTER M & R 100.1915.301.000 DOOR REPAIR SRV CALL 250.00 CIVIC CENTER M & R 100.1915.301.000 375.00 *VENDOR TOTAL HOME ENERGY ASSISTANCE P CR REFUND -G HELLMAN 167.32 UTILITY CREDIT BAL CLEAR 950.115.101 CR REFUND -M MARSCHALL 238.02 UTILITY CREDIT BAL CLEAR 950.115.101 405.34 *VENDOR TOTAL IKON OFFICE SOLUTIONS LASERJET PRINTER 840.45 MISC SUPPL/EQUIP OFFICE/ 612.3580.690.001 COLOR PRINTER 4,460.85 SPECIAL SUPPLIES 105.2001.690.000 5,301.30 *VENDOR TOTAL INTERCOUNTY MECHANICAL & HVAC REPAIR 199.94 CONTRACTUAL SERVICES 100.6001.250.000 INSTALL CIRCUITS 959.26 CONSTR. OF OBSERVATORY P 140.6050.930.000 1,159.20 *VENDOR TOTAL JONES/R. EMMETT MGMT ADVISORY SVCS 1,350.00 RECRUITMENT & RETENTION 100.1201.250.001 KAGEYAMA/BENJAMIN QSD/QSP CERT FEE REIMB 125.00 TRAVEL & CONFERENCE EXPE 100.3001.160.000 CITY OF UKIAH GL540R-V07.12 PAGE 5 CLAIM INVOICE 102695 5053876-01 102695 5053876-01 102696 5053878-00 102696 5053878-00 102789 11-5394 102875 REIMBURSEMENT 102718 ADVANCE 102697 1780813-00 102698 1810636-00 102790 11570 102791 11525 102793 104101-1 102794 65480-6 PO# F/P ID LINE 040591 P 554 00097 P 554 00098 040591 F 554 00099 040591 P 554 00100 P 554 00101 P 554 00102 P 554 00103 P 554 00104 P 554 00105 P 554 00107 P 554 00106 P 554 00108 P 554 00109 102796 1030630809 040596 F 554 00111 102797 1030555283 040582 F 554 00110 102798 2447 102799 2412 P 554 00113 P 554 00112 102801 LETTER 9/6/11 039925 P 554 00114 102803 REIMBURSEMENT P 554 00115 ACCOUNTS PAYABLE CITY OF UKIAH 10/06/2011 10:16:20 Schedule of Bills Payable GL540R-V07.12 PAGE 6 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE KIGHT/BRANDON T-SHIRTS 300.00 SUPPLIES 100.6113.690.000 102805 180 P 554 00116 LAFCO-LOCAL AGENCY FORMA #2 MUNI SRV REVIEW 4,800.00 CONTRACT SERVICES 100.1990.250.000 102806 LETTER 9/22/11 P 554 00117 MALDONADO SR/LOUIS J OCT-DEC11 TRAINING 2,100.00 CONFERENCE & TRAINING 200.2001.160.000 102876 NONE P 554 00118 MATTERN/INGER UNIFORM ALLOWANCE 458.12 UNIFORM ALLOWANCE (FD/PD 105.2101.157.000 102877 REIMBURSEMENT P 554 00119 MCCLUNG/WARREN R RIVERSIDE PARK PRO SRVS 11,896.25 RIVERSIDE PARK DEVELOPME 140.6050.930.006 102808 1910103.05 040037 P 554 00120 MOIRS POOL CHEMICALS 53.72 POOL CHEMICALS 100.6130.690.001 102810 99997 P 554 00122 POOL CHEMICALS 336.70 POOL CHEMICALS 100.6130.690.001 102812 100207 P 554 00121 390.42 *VENDOR TOTAL MOORE WALLACE-RR DONNELL PARKING HANG TAGS 271.68 SPECIAL SUPPLIES 220.4601.690.000 102814 484756283 040550 F 554 00123 SHIPPING 13.94 SPECIAL SUPPLIES 220.4601.690.000 102814 484756283 040550 F 554 00124 285.62 *VENDOR TOTAL MORGAN/PATTY CLASS -1ST AID/CPR 90.00 RECREATION PROGRAM INCOM 100.0700.521.001 102878 REFUND P 554 00125 MUNICIPAL MAINTENANCE EQ PARTS 494.93 VEHICLE REPAIR & MAINT 612.3510.303.000 102513 0069291 -IN P 554 00127 PARTS 489.17 VEHICLE REPAIR & MAINT 612.3510.303.000 102515 006920 -IN P 554 00126 HANDLE ASSY 109.34 VEHICLE REPAIR & MAINT 612.3510.303.000 102699 69400 -IN P 554 00128 PARTS/HEAD SPRING 103.06 VEHICLE REPAIR & MAINTEN 100.3110.303.000 102815 69589 -IN P 554 00129 1,196.50 *VENDOR TOTAL NATIONAL ACADEMY OF EMER RECERT FEE-RONK 50.00 TRAVEL, TRAINING & CONF 678.2050.160.000 102879 APPL FORM P 554 00130 RECERT FEE -CASH 50.00 TRAVEL, TRAINING & CONF 678.2050.160.000 102879 APPL FORM P 554 00131 100.00 *VENDOR TOTAL NEWELL/JAN TRAVEL 10/13/11 30.00 TRAVEL & CONFERENCE EXPE 697.1305.160.000 102719 ADVANCE P 554 00132 OFFICE MAX OFFICE SUPPLIES 158.02 SPECIAL SUPPLIES 100.6110.690.000 102517 465879 P 554 00133 OFFICE SUPPLIES 104.84 SPECIAL SUPPLIES 100.1905.690.000 102517 465879 P 554 00134 OFFICE SUPPLIES 45.15 SPECIAL SUPPLIES 697.1305.690.000 102517 465879 P 554 00135 308.01 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/06/2011 10:16:20 Schedule of Bills Payable GL540R-V07.12 PAGE 7 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE ONE SOURCE DISTRIBUTORS PLUG 592.06 INVENTORY - PURCHASES 800.131.002 102700 53576197.005 040523 F 554 00138 PCJ SPLICE 301.14 INVENTORY - PURCHASES 800.131.002 102701 53562551.003 040393 P 554 00137 STRAIGHT RECEPT 746.97 INVENTORY - PURCHASES 800.131.002 102702 53562551.002 040393 P 554 00136 PLATE ATTACHMENT 301.27 INVENTORY - PURCHASES 800.131.002 102816 53600989.001 P 554 00139 WHITE TAPE 173.26 INVENTORY - PURCHASES 800.131.002 102817 53620878.001 040623 P 554 00140 3/4" BLACK TAPE 352.34 INVENTORY - PURCHASES 800.131.002 102817 53620878.001 040623 P 554 00141 BLUE TAPE 115.51 INVENTORY - PURCHASES 800.131.002 102817 53620878.001 040623 P 554 00142 RED TAPE 115.51 INVENTORY - PURCHASES 800.131.002 102817 53620878.001 040623 P 554 00143 2,698.06 *VENDOR TOTAL OPERATING ENGINEER PUBLI NOV11 HEALTH INSUR 2,568.00 NON-EMPLOYEE HEALTH INS. 940.200.724 102880 86138 OCT11 P 554 00144 PACE SUPPLY CORP GASKETS 378.20 INVENTORY - PURCHASES 820.131.002 102521 021306546 P 554 00149 DISCOUNT 7.56CR INVENTORY - PURCHASES 820.131.002 102521 021306546 P 554 00150 VALVES 651.33 CIVIC CENTER M & R 100.1915.301.000 102703 21311046 P 554 00180 DISCOUNT 13.03CR CIVIC CENTER M & R 100.1915.301.000 102703 21311046 P 554 00181 6" SWR CPLG 620.64 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00151 G5 COVERS 352.99 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00152 CONC COVER B91) 178.69 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00153 GASKET 3.73 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00154 METER CPLR 20.15 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00155 RESETTER 169.02 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00156 STOP, BALL METER 224.66 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00157 TAPPING SADDLE 343.74 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00158 TAPPING SADDLE 72.75 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00159 BALL VALVE BRANCH ASSY 169.02 INVENTORY - PURCHASES 820.131.002 102704 21258252 040520 F 554 00160 COUPLINGS 272.28 INVENTORY - PURCHASES 820.131.002 102705 21308394 P 554 00178 DISCOUNT 5.45CR INVENTORY - PURCHASES 820.131.002 102705 21308394 P 554 00179 PUMP & TANK SOLUTION 278.10 EQUIPMENT MAINT & REPAIR 820.3908.302.000 102706 21307018 P 554 00172 DISCOUNT 5.56CR EQUIPMENT MAINT & REPAIR 820.3908.302.000 102706 21307018 P 554 00173 G-5 BOX 609.52 INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00161 COUPLER 154.30 INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00162 EXT RANGE COUPLING 702.53 INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00163 METER COUPLER 98.79 INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00164 METER CPLR 59.74 INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00165 STOP, ST BALL 189.94 INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00166 DISCOUNT 36.31CR INVENTORY - PURCHASES 820.131.002 102818 21292707 040590 P 554 00167 CONC COVER B91) 18.47 INVENTORY - PURCHASES 820.131.002 102819 CM21258252 040520 P 554 00145 DISCOUNT 0.37CR INVENTORY - PURCHASES 820.131.002 102819 CM21258252 040520 P 554 00146 GASKETS 101.40 INVENTORY - PURCHASES 820.131.002 102820 21307725 P 554 00174 DISCOUNT 2.03CR INVENTORY - PURCHASES 820.131.002 102820 21307725 P 554 00175 PLUMBING SUPPL 708.52 INVENTORY - PURCHASES 820.131.002 102821 21308124 P 554 00176 DISCOUNT 14.17CR INVENTORY - PURCHASES 820.131.002 102821 21308124 P 554 00177 GASKET RUBBER 24.78 WTR SYSTM REPAIR MATERIA 820.3948.690.002 102822 21306604 P 554 00170 DISCOUNT 0.50CR WTR SYSTM REPAIR MATERIA 820.3948.690.002 102822 21306604 P 554 00171 ACCOUNTS PAYABLE CITY OF UKIAH 10/06/2011 10:16:20 Schedule of Bills Payable GL540R-V07.12 PAGE 8 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE PACE SUPPLY CORP CPLR ADAPTER 145.46 INVENTORY - PURCHASES 820.131.002 102823 21292707-1 040590 P 554 00168 DISCOUNT 2.91CR INVENTORY - PURCHASES 820.131.002 102823 21292707-1 040590 P 554 00169 CPLR ADAPTER PRICE ADJ 18.64CR INVENTORY - PURCHASES 820.131.002 102824 CM21292707-1 040590 F 554 00147 DISCOUNT BACK 0.37 INVENTORY - PURCHASES 820.131.002 102824 CM21292707-1 040590 F 554 00148 PIPE MATERIALS 26.75 SPECIAL SUPPLIES 820.3948.690.000 102826 21321047 P 554 00182 DISCOUNT 0.54CR SPECIAL SUPPLIES 820.3948.690.000 102826 21321047 P 554 00183 6,468.80 *VENDOR TOTAL PALMETTO GBA AMBUL REFUND -C LAMAR 317.24 AMBULANCE FEES 100.0800.617.000 102881 10-1112 P 554 00184 PALMETTO GBA AMBUL REFUND -V O'SHEA 441.42 AMBULANCE FEES 100.0800.617.000 102882 11-0594 P 554 00185 PETERSEN & PETERSEN LAW PARKING PERMIT REFUND 75.00 OFF STREET PKG PERMITS 230.0400.410.000 102742 88094-8 P 554 00186 PHILLIPS/JOHN M. TREE REMOVAL -TD PARK 4,500.00 CONTRACTUAL SERVICES 100.6001.250.000 102707 NONE 9/22/11 040609 F 554 00187 PIVER/JEFF DEPOSIT-ANTON STAD 500.00 ATHLETIC FIELD DEPOSITS 900.205.247 102883 REFUND P 554 00188 POLYDYNE INC CLARIFLOC 4,129.13 CHEMICAL SUPPLIES 612.3580.520.000 102522 631496 P 554 00189 ADDL SALES TAX TO 7.75% 19.25 CHEMICAL SUPPLIES 612.3580.520.000 102522 631496 P 554 00190 4,148.38 *VENDOR TOTAL R & R PRODUCTS, INC. SEALS, BEARINGS 134.13 EQUIPMENT MAINT & REPAIR 695.6120.302.000 102827 CD1493243 P 554 00191 REDWOOD EMPIRE OFFICIALS UMPIRES/SCOREKEEPERS 4,410.00 CONTRACTUAL SERVICES 100.6113.250.000 102830 582 P 554 00192 RELIANCE ENTERPRISES HVAC REPAIR 1,884.46 EQUIPMENT MAINT & REPAIR 612.3580.302.000 102828 18339 040617 F 554 00193 SANGIACOMO/SAGE MMANC MEMBERSHIP 65.00 MEMBERSHIPS & MEETINGS 100.1201.262.000 102885 REIMBURSEMENT P 554 00194 SANTA ROSA JUNIOR COLLEG EVOC TRAINING 9/26/11 702.00 TRAVEL & CONFERENCE EXPE 105.2001.160.000 102831 AR12-00292 P 554 00196 EVOC TRAINING 9/26/11 234.00 TRAVEL & CONFERENCE EXPE 105.2080.160.000 102832 AR12-00311 P 554 00197 COURSE FEE -M FREEMAN 2,618.00 TRAVEL & CONFERENCE EXPE 105.2001.160.000 102886 AR11-01281 P 554 00195 3,554.00 *VENDOR TOTAL SAWYER/NANCY TRAINING 9/6-9/9/11 180.00 TRAINING 105.2190.160.001 102834 REIMBURSEMENT P 554 00198 ACCOUNTS PAYABLE CITY OF UKIAH 10/06/2011 10:16:20 Schedule of Bills Payable GL540R-V07.12 PAGE 9 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE SCHAPMIRE/TYLER UNIFORM ALLOWANCE 199.43 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 102884 REIMBURSEMENT P 554 00199 SCIACCA/BARBARA CLASS/BODY-MIND HEALTH 20.00 RECREATION PROGRAM INCOM 100.0700.521.001 102887 REFUND P 554 00200 SEABROOK & ASSOCIATES IN PLAN CHECK SRVS 412.50 CONTRACTUAL SERVICES 100.2201.250.000 102708 10783 040129 P 554 00201 SHIELDS/AIMEE L SEPT11 TRANSCRIPTION 2,500.00 CONTRACTUAL SERVICES 205.2001.250.000 102888 CONTRACT P 554 00202 SHIFT CALENDERS 2012 SHIFT CALENDARS 434.89 OFFICE SUPPLIES 105.2101.690.014 102889 ORDER FORM P 554 00203 SHN CONSULTING ENGINEERS AMEND #1-REVEL MONITORNG 175.00 ORCHARD AVENUE BRIDGE 290.9645.930.000 102709 75400 039384 P 554 00204 SURVEYING SVCS 571.80 CONSTR. OF OBSERVATORY P 140.6050.930.000 102835 75402 040376 P 554 00205 746.80 *VENDOR TOTAL SIRI GRADING & PAVING IN RIVERSIDE TRAILS & REVEG 79,223.35 RIVERSIDE PARK DEVELOPME 140.6050.930.006 102837 APPL #2 040566 P 554 00206 RETENTION 7,922.34CR ACCOUNTS PAYABLE-RETENTI 140.202.001 102837 APPL #2 P 554 00207 71,301.01 *VENDOR TOTAL SPACE PUMPKINFST PARADE REFUND 20.00 PUMPKINFEST 900.205.219 102890 REFUND P 554 00208 STAPLES OFFICE SUPPLIES 317.81 SPECIAL SUPPLIES 100.1965.690.000 102841 1371137 P 554 00209 OFFICE SUPPLIES 21.54 SPECIAL SUPPLIES 100.2201.690.000 102841 1371137 P 554 00210 MFC BROTHER RETURNED 754.23CR SPECIAL SUPPLIES 100.6001.690.000 102841 1371137 P 554 00211 OFFICE SUPPLIES 19.38 SPECIAL SUPPLIES 100.6110.690.000 102841 1371137 P 554 00212 OFFICE SUPPLIES 26.92 SPECIAL SUPPLIES 600.5001.690.000 102841 1371137 P 554 00213 OFFICE SUPPLIES 48.48 SAFETY SUPPLIES 612.3510.690.001 102841 1371137 P 554 00214 OFFICE SUPPLIES 28.00 MISC SUPPL/EQUIP OFFICE/ 612.3580.690.001 102841 1371137 P 554 00215 OFFICE SUPPLIES 88.25 SPECIAL SUPPLIES 678.2040.690.000 102841 1371137 P 554 00216 OFFICE SUPPLIES 11.91 SPECIAL SUPPLIES 800.3728.690.000 102841 1371137 P 554 00217 OFFICE SUPPLIES 98.26 SPECIAL SUPPLIES 820.3908.690.000 102841 1371137 P 554 00218 OFFICE SUPPLIES 48.48 MISC OFFICE & COMP SUPPL 820.3948.690.001 102841 1371137 P 554 00219 OFFICE SUPPLIES 438.48 SPECIAL SUPPLIES 100.1965.690.000 102844 1371137 P 554 00220 OFFICE SUPPLIES 197.60 SPECIAL SUPPLIES 100.3110.690.000 102844 1371137 P 554 00221 OFFICE SUPPLIES 50.05 SPECIAL SUPPLIES 100.6110.690.000 102844 1371137 P 554 00222 OFFICE SUPPLIES 45.03 SPECIAL SUPPLIES 105.2001.690.000 102844 1371137 P 554 00223 OFFICE SUPPLIES 80.78 TRAVEL & CONFERENCE EXPE 105.2101.160.000 102844 1371137 P 554 00224 OFFICE SUPPLIES 32.28 R & M NON-AUTO EMS EQUIP 105.2101.302.002 102844 1371137 P 554 00225 OFFICE SUPPLIES 176.67 SPECIAL SUPPLIES 600.5001.690.000 102844 1371137 P 554 00226 OFFICE SUPPLIES 139.35 OFFICE SUPPLIES 612.3510.690.002 102844 1371137 P 554 00227 OFFICE SUPPLIES 63.78 MISC SUPPL/EQUIP OFFICE/ 612.3580.690.001 102844 1371137 P 554 00228 OFFICE SUPPLIES 80.80 SPECIAL SUPPLIES 800.3733.690.000 102844 1371137 P 554 00229 ACCOUNTS PAYABLE 10/06/2011 10:16:20 VENDOR NAME DESCRIPTION STAPLES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES STATE WATER RESOURCES CERT RENEWAL -G SMITH CERT RENEWAL -R BARTON CERT RENEWAL -K JUDD CERT RENEWAL -S STUMP STEWART/MIKE UNIFORM ALLOWANCE STUMP/STEVE EXTRA CLASS 9/20-9/23/11 THIELE/JAROD QTRLY LUNCH -PW STAFF QTRLY LUNCH -PW STAFF QTRLY LUNCH -PW STAFF QTRLY LUNCH -PW STAFF THOMAS/BENJAMIN TRAVEL 9/21-9/22/11 THORNTON/DONNA HORSE JUDGE-PUMPKINFEST THRIFTY SUPPLY CO. DRINKING FOUNTAIN DISCOUNT TRI -VALLEY PAINTS MASKING TAPE DIST USE TAX TURF STAR INC REGULATOR TINES ALTERNATOR Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 73.23 SPECIAL SUPPLIES 820.3908.690.000 46.08 SPECIAL SUPPLIES 820.3948.690.000 344.75 SPECIAL SUPPLIES 105.2101.690.000 1,723.68 *VENDOR TOTAL 170.00 DUES & SUBSCRIPTIONS 612.3580.260.000 130.00 DUES & SUBSCRIPTIONS 612.3580.260.000 130.00 DUES & SUBSCRIPTIONS 612.3580.260.000 170.00 DUES & SUBSCRIPTIONS 612.3580.260.000 600.00 *VENDOR TOTAL 157.32 UNIFORM ALLOWANCE (FD/PD 105.2101.157.000 69.00 TRAVEL & CONFERENCE EXPE 612.3580.160.000 25.00 SPECIAL SUPPLIES 100.3001.690.000 25.00 SPECIAL SUPPLIES 100.3110.690.000 150.00 SPECIAL SUPPLIES 612.3505.690.000 150.00 SPECIAL SUPPLIES 820.3901.690.000 350.00 *VENDOR TOTAL 279.37 TRAVEL & CONFERENCE EXPE 800.3733.160.000 150.00 PUMPKINFEST 900.205.219 1,374.62 VANDALISM REPAIR 100.6001.692.000 38.27CR VANDALISM REPAIR 100.6001.692.000 1,336.35 *VENDOR TOTAL 25.32 WTR TREATMT PARTS/MATERI 820.3908.302.001 O.11CR DISTRICT USE TAX LIABILI 900.205.237 25.21 *VENDOR TOTAL 75.85 EQUIPMENT MAINT & REPAIR 695.6120.302.000 305.08 EQUIPMENT MAINT & REPAIR 100.6001.302.000 61.78 VEHICLE REPAIR & MAINTEN 100.6001.303.000 442.71 *VENDOR TOTAL CITY OF UKIAH GL540R-V07.12 PAGE 10 CLAIM INVOICE 102844 1371137 102844 1371137 102844 1371137 102891 CERT #9373 102892 CERT #28395 102893 CERT #28443 102894 CERT #10942 102895 REIMBURSEMENT 102845 REIMBURSEMENT 102848 REIMBURSEMENT 102848 REIMBURSEMENT 102848 REIMBURSEMENT 102848 REIMBURSEMENT 102849 REIMBURSEMENT 102721 AGREEMENT 102850 2110031-01 102850 2110031-01 102851 1-55748 102851 1-55748 102710 6726804-00 102711 6724651-00 102852 6727931-00 PO# F/P ID LINE P 554 00230 P 554 00231 P 554 00232 P 554 00236 P 554 00234 P 554 00235 P 554 00233 P 554 00237 P 554 00238 P 554 00239 P 554 00240 P 554 00241 P 554 00242 P 554 00243 P 554 00244 040605 F 554 00245 P 554 00246 P 554 00247 P 554 00248 P 554 00250 P 554 00249 P 554 00251 ACCOUNTS PAYABLE ACCOUNT NAME 10/06/2011 10:16:20 3,000.00 VENDOR NAME 697.1305.411.000 DESCRIPTION SPECIAL SUPPLIES U S POST OFFICE 416.14 POSTAGE 695.6120.690.000 UKIAH PAPER SUPPLY SPECIAL SUPPLIES TAX ADJ 194.14 JANITORIAL SUPPL 100.3301.690.000 JANITORIAL SUPPL SPECIAL SUPPLIES JANITORIAL SUPPL 89.43 JANITORIAL SUPPL 105.2101.690.005 JANITORIAL SUPPL MISC SUPPL/EQUIP OFFICE/ JANITORIAL SUPPL 1,420.48 UNITED STATES POSTAL SER POSTAGE PRE -PAID POSTAGE COSTS VERIZON WIRELESS 76.02 DATA & EMRGY CELL PHONES DATA & EMRGY CELL PHONES DATA & EMRGY CELL PHONES DATA & EMRGY CELL PHONES WILLIAMS/FLOYD T. "SKIP" TELEPHONE UNIFORM ALLOWANCE 252.38 WILLOW COUNTY WATER DIST WATER SRVS-WWTP UNIFORM ALLOWANCE (FD/PD WYATT/JUSTIN 38.84 TRAVEL 10/13/11 612.3580.210.001 Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 3,000.00 POSTAGE 697.1305.411.000 1.29CR SPECIAL SUPPLIES 100.1915.690.000 416.14 SPECIAL SUPPLIES 695.6120.690.000 467.45 SPECIAL SUPPLIES 800.3733.690.000 194.14 SUPPLIES 100.3301.690.000 140.93 SPECIAL SUPPLIES 100.6001.690.000 89.43 STATION CLEANING SUPPLIE 105.2101.690.005 113.68 MISC SUPPL/EQUIP OFFICE/ 612.3580.690.001 1,420.48 *VENDOR TOTAL 00256 5,600.00 PRE -PAID POSTAGE COSTS 100.103.001 76.02 TELEPHONE 800.3733.220.000 134.95 TELEPHONE 100.1965.220.000 3.40 EMERGENCY CELL PHONES 100.1965.220.001 38.01 TELEPHONE 105.2001.220.000 252.38 *VENDOR TOTAL 132.98 UNIFORM ALLOWANCE (FD/PD 105.2101.157.000 38.84 WATER FROM WILLOW WATER 612.3580.210.001 60.00 TRAVEL & CONFERENCE EXPE 105.2001.160.000 CITY OF UKIAH GL540R-V07.12 PAGE 11 CLAIM INVOICE PO# F/P ID LINE 102896 PERMIT #243 P 554 00252 102853 380010 P 554 00258 102854 I383156 P 554 00253 102855 I383493 P 554 00254 102856 I383725 P 554 00256 102857 I383662 P 554 00255 102858 I384048 P 554 00257 102859 383928 P 554 00259 102897 ACCT #16443103 P 554 00260 102860 1005438071 P 554 00261 102860 1005438071 P 554 00262 102860 1005438071 P 554 00263 102860 1005438071 P 554 00264 102898 REIMBURSEMENT P 554 00265 102861 ACCT 81154 P 554 00266 102723 ADVANCE P 554 00267 ACCOUNTS PAYABLE CITY OF UKIAH 10/06/2011 10:16:20 Schedule of BillS Payable GL540R-V07.12 PAGE 12 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE REPORT TOTALS: 233,741.01 RECORDS PRINTED - 000267 ACCOUNTS PAYABLE 10/12/2011 17:14:38 Schedule of Bills Payable FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 100 GENERAL FUND 18,252.66 105 MEASURE S GENERAL FUND 19,279.67 110 STRATEGIC GENERAL FD RESERVE 1,011.55 140 PARK DEVELOPMENT FUND 28,490.44 200 ASSET SEIZURE FUND 4,538.63 220 PKG. DIST. #1 OPER & MAINT 39.76 410 CONFERENCE CENTER FUND 220.89 575 GARAGE FUND 483.57 600 AIRPORT FUND 27,956.65 612 CITY/DIST. SEWER FUND 14,186.03 641 SANITATION DISTRICT SPECIAL 2,960.00 660 SANITARY DISPOSAL SITE FUND 173.25 670 GARBAGE BILLING & COLL. FUND 27,573.81 678 PUBLIC SAFETY DISPATCH FUND 374.68 695 GOLF FUND 31.48 696 PURCHASING FUND 1,688.14 697 BILLING ENTERPRISE FUND 4,206.75 800 ELECTRIC FUND 61,016.66 820 WATER FUND 4,604.26 900 SPECIAL DEPOSIT TRUST FUND 1,190.86 965 REDEVELOPMENT CAP IMPR FUND 472.33 TOTAL ALL FUNDS 218,752.07 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- UBOC UNION BANK OF CALIFORNIA 218,752.07 TOTAL ALL BANKS 218,752.07 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ... ...f I ..,� . ................................ t CITY OF UKIAH GL060S-V07.12 RECAPPAGE GL540R ACCOUNTS PAYABLE 10/12/2011 17:14:38 Schedule of Bills Payable FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT ABERNATHY III/DAULTON R JUL-SEPT11 STIPEND 351.10 STIPEND PROGRAM 105.2190.250.000 ACME RIGGING & SUPPLY CO MISC SUPPLIES 23.70 SPECIAL SUPPLIES 800.3642.690.000 DIST USE TAX 0.11CR DISTRICT USE TAX LIABILI 900.205.237 MISC SUPPLIES 39.68 SPECIAL SUPPLIES 100.3110.690.000 DIST USE TAX 0.12CR DISTRICT USE TAX LIABILI 900.205.237 63.15 *VENDOR TOTAL ACS ACS SFTWR MAINT 201.19 CONTRACTUAL SERVICES 696.1390.250.000 ACS SOFTWARE MAINT 701.16 CONTRACTUAL SERVICES 697.1305.250.000 ACS SOFTWARE MAINT. 900.50 CONTRACTUAL SERVICES 100.1301.250.000 1,802.85 *VENDOR TOTAL AIR BP AVIATION SERVICES JET FUEL 9/20/11 27,540.23 AVIATION FUELS & LUBRICA 600.5001.451.000 ALPHA ANALYTICAL TESTING SERVICE 817.00 LAB TESTING SERVICES 612.3580.250.001 TESTING SERVICE 423.00 LAB TESTING SERVICES 612.3580.250.001 1,240.00 *VENDOR TOTAL ALSCO-AMERICAN LINEN DIV SEPT 11 LINEN SVCS 226.46 LAUNDRY SERVICES 575.5801.250.001 ALTEC INDUSTRIES INC OUTRIGGER PADS 190.24 SPECIAL SUPPLIES 800.3733.690.000 ARMSTRONG/PETER R JUL-SEPT11 STIPEND 41.70 STIPEND PROGRAM 105.2190.250.000 ARROW FENCING MAY-JULY11 TEMP FENCING 276.00 RAILROAD DEPOT RENOVATIO 965.5618.930.002 AUG-OCT11 TEMP FENCING 180.00 RAILROAD DEPOT RENOVATIO 965.5618.930.002 FINANCE CHARGES 16.33 RAILROAD DEPOT RENOVATIO 965.5618.930.002 472.33 *VENDOR TOTAL AT&T 911 SYSTEM 317.68 RADIO EQUIPMENT SERVICE 678.2040.250.002 POSITRON INTERFACE 2,704.08 MACHINERY & EQUIPMENT 200.2001.800.000 CIMMARON DECODER CARD 1,831.56 MACHINERY & EQUIPMENT 200.2001.800.000 MISC. CONNECTORS 2.99 MACHINERY & EQUIPMENT 200.2001.800.000 4,856.31 *VENDOR TOTAL B & B INDUSTRIAL SUPPLY MISC HARDWARE 104.24 SPECIAL SUPPLIES 100.6001.690.000 MISC HARDWARE 5.98 VEHICLE REPAIR & MAINTEN 100.3110.303.000 110.22 *VENDOR TOTAL CITY OF UKIAH GL540R-V07.12 PAGE 1 CLAIM INVOICE I911KNIW=1 ass:$.1a 102931 ACCT#3903 102931 ACCT#3903 102932 ACCT#3903 102932 ACCT#3903 102933 711605 102933 711605 102933 711605 102724 6124968 102934 1081638 102935 1091489 102936 CUST# 14305 102725 9812232 102920 STIPEND 102937 71142 102938 71219 102939 STMT PO# F/P ID LINE P 574 00001 P 574 00002 P 574 00003 P 574 00004 P 574 00005 040517 P 574 00006 040517 P 574 00007 040517 P 574 00008 P 574 00009 P 574 00010 P 574 00011 P 574 00012 P 574 00013 P 574 00014 P 574 00016 P 574 00017 P 574 00015 102899 707 911-7820 P 574 00018 102900 911-7820 302 1 038939 F 574 00019 102900 911-7820 302 1 038939 F 574 00020 102900 911-7820 302 1 038939 F 574 00021 102940 ACCT# CITUK P 574 00022 102940 ACCT# CITUK P 574 00023 ACCOUNTS PAYABLE 10/12/2011 17:14:38 VENDOR NAME DESCRIPTION BAKER/ANN FITZPATRICK GRANT APP/DESIGN SVCS BAYSIDE PRINTED PRODUCTS PROP 218 POSTAGE BECKLER/PERRINE NICHOLE JUL-SEPT11 STIPEND BOGHOSIAN/JOYCE JUL-SEPT11 STIPEND BURTON'S FIRE APPARATUS SWITCHES BUSHWAY/GABRIELA JUL-SEPT11 STIPEND CALIFORNIA RURAL WATER A M DOGALI K PIERACHINI M BURNS J AGUILAR CAMPBELL/ERIC JUL-SEPT11 STIPEND CANTEEN SERVICE COFFEE CHEVRON AND TEXACO BUSIN FUEL FUEL CUES CABLE, GUARD, MISC PARTS DAVIS HAMMON & CO STATE CONTROLLERS REPORT DENBESTE LANDSCAPE SUPPL LANDSCAPE SUPPLIES DIST USE TAX LANDSCAPE SUPPLIES DIST USE TAX LANDSCAPE SUPPLIES DIST USE TAX CITY OF UKIAH Schedule of Bills Payable GL540R-V07.12 PAGE 2 FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE 2,256.94 ANTON STADIUM CONSTRUCTI 140.6050.930.007 102941 1.2011 040629 F 574 00024 3,192.09 SPECIAL SUPPLIES 697.1305.690.000 102942 LETTER P 574 00025 121.76 STIPEND PROGRAM 105.2190.250.000 102921 STIPEND P 574 00026 540.01 STIPEND PROGRAM 105.2190.250.000 102922 STIPEND P 574 00027 323.77 FIRE APPARATUS 105.2101.303.001 102943 53111 P 574 00028 81.09 STIPEND PROGRAM 105.2190.250.000 102929 STIPEND P 574 00029 250.00 TRAVEL & CONFERENCE EXPE 820.3948.160.000 102901 REGIST FORM P 574 00030 250.00 TRAVEL & CONFERENCE EXPE 820.3948.160.000 102901 REGIST FORM P 574 00031 250.00 TRAVEL & CONFERENCE EXPE 820.3948.160.000 102901 REGIST FORM P 574 00032 250.00 TRAVEL & CONFERENCE EXPE 820.3948.160.000 102901 REGIST FORM P 574 00033 1,000.00 *VENDOR TOTAL 38.87 STIPEND PROGRAM 105.2190.250.000 102923 STIPEND P 574 00034 171.25 COFFEE FUND TRUST ACCOUN 900.205.222 102944 5013 P 574 00035 82.63 FUELS & LUBRICANTS 105.2101.450.000 102902 7898197285 P 574 00037 628.47 FUELS & LUBRICANTS 105.2001.450.000 102903 7898197277 P 574 00036 711.10 *VENDOR TOTAL 473.42 MACHINERY & EQUIPMENT 612.3510.800.000 102753 352874 P 574 00038 1,220.00 CONTRACTUAL SERVICES 100.1301.250.000 102945 77 039153 P 574 00039 137.92 SPECIAL SUPPLIES 100.6001.690.000 102755 900712 P 574 00046 0.64CR DISTRICT USE TAX LIABILI 900.205.237 102755 900712 P 574 00047 206.88 SPECIAL SUPPLIES 100.6001.690.000 102758 900707 P 574 00042 0.96CR DISTRICT USE TAX LIABILI 900.205.237 102758 900707 P 574 00043 51.72 SPECIAL SUPPLIES 100.6001.690.000 102762 900708 P 574 00044 0.24CR DISTRICT USE TAX LIABILI 900.205.237 102762 900708 P 574 00045 ACCOUNTS PAYABLE CITY OF UKIAH 10/12/2011 17:14:38 Schedule of Bills Payable GL540R-V07.12 PAGE 3 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE DENBESTE LANDSCAPE SUPPL LANDSCAPE SUPPLIES 126.07 SPECIAL SUPPLIES 100.6001.690.000 102766 830711 P 574 00040 DIST USE TAX 0.59CR DISTRICT USE TAX LIABILI 900.205.237 102766 830711 P 574 00041 520.16 *VENDOR TOTAL DICKERSON/JOHN G FINANCIAL SERVICES 2,960.00 CONSULTANT SERVICES 641.7402.250.001 102904 092911 P 574 00048 EVERGREEN JOB &SAFETY TR 3RD YEAR METER TRAINING 892.00 TRAVEL & CONFERENCE EXPE 800.3765.160.000 102946 3022 039289 P 574 00049 FARWEST LINE SPECIALTIES ARC FLASH KIT 773.52 SPECIAL SUPPLIES 800.3642.690.000 102767 112278 P 574 00050 DIST USE TAX 3.47CR DISTRICT USE TAX LIABILI 900.205.237 102767 112278 P 574 00051 770.05 *VENDOR TOTAL FASTENAL QWIK STIKS 25.42 SPECIAL SUPPLIES 800.3733.690.000 102768 CAUKA3164 P 574 00052 FERRANTI CONSTRUCTION IN PROGRESS PAY #6 28,770.00 ANTON STADIUM CONSTRUCTI 140.6050.930.007 102947 6103 040374 P 574 00053 RETENTION 2,877.00CR ACCOUNTS PAYABLE-RETENTI 140.202.001 102947 6103 P 574 00054 25,893.00 *VENDOR TOTAL FERRELLGAS PROPANE 1,011.55 CONTRACT SERVICES 110.3301.250.000 102948 1046593177 040639 F 574 00055 DIST USE TAX 4.69CR DISTRICT USE TAX LIABILI 900.205.237 102948 1046593177 P 574 00056 1,006.86 *VENDOR TOTAL FLIGHT LIGHT INC INCANDESENT LAMPS 416.42 BLDG & GROUNDS MAINTENAN 600.5001.305.000 102726 38030 P 574 00057 DIST USE TAX 1.88CR DISTRICT USE TAX LIABILI 900.205.237 102726 38030 P 574 00058 414.54 *VENDOR TOTAL FOWLER MOTORS INC./KEN VEHICLE PARTS/SVCS 155.30 GARAGE VEHICLE MAINT COS 105.2001.303.000 102949 CUST#7496 P 574 00059 VEHICLE PARTS/SVCS 214.83 GARAGE VEHICLE MAINT COS 105.2001.303.000 102949 CUST#7496 P 574 00060 370.13 *VENDOR TOTAL GRILL BROS PARTNERSHIP RAMMER 2,463.40 MACHINERY & EQUIPMENT 820.3948.800.000 102744 19979-2 040622 F 574 00061 RAMMER 2,462.99 MACHINERY & EQUIPMENT 612.3510.800.000 102744 19979-2 040622 F 574 00062 PRESSURE WASHER RENTAL 78.00 SPECIAL SUPPLIES 800.5536.690.000 102746 20559-2 P 574 00064 LASER LEVEL 84.01 SPECIAL SUPPLIES 612.3510.690.000 102748 20285-2 P 574 00063 5,088.40 *VENDOR TOTAL GUPTA/HAILEY JUL-SEPT11 STIPEND 379.83 STIPEND PROGRAM 105.2190.250.000 102924 STIPEND P 574 00065 ACCOUNTS PAYABLE 10/12/2011 17:14:38 VENDOR NAME DESCRIPTION HERNANDEZ/FERNANDO S JUL-SEPT11 STIPEND HF&H CONSULTANTS LLC UVSD ANALYSIS INTEGRITY SHRED SHRED DOCUMENTS SHRED DOCUMENTS SHRED DOCUMENTS SHRED DOCUMENTS SHRED DOCUMENTS ITRON INC HARDWARE/SOFTWARE ITRON HARDWARE/SOFTWARD ITRON KASTROS/ANTHONY STAFF TRAINING LAWRENCE & ASSOCIATES ANNUAL SAMPLING MASTER K-9 INC OCT-DEC11 K9 TRAINING MATHESON TRI -GAS INC CYLINDER RENT OXYGEN PROPANE MENDOCINO COUNTY FARM SU HARDWARE/SUPPLIES HARDWARE/SUPPLIES HARDWARE/SUPPLIES MENDOCINO RUGBY CLUB PUMPKINFEST SECURITY MICROFLEX CORP #774353 GLOVES MORAN/GARY #9 SECURITY WIN ENVELOPE CITYOF UKIA Schedule of Bills Payable GL540R-V07.12PAGE4 FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE 47.07 STIPEND PROGRAM 105.2190.250.000 102925 STIPEND P 574 00066 2,642.50 RECRUITMENT & RETENTION 100.1201.250.001 102905 9710724 040122 P 574 00067 28.50 SPECIAL SUPPLIES 105.2001.690.000 102727 25049 P 574 00068 28.50 SPECIAL SUPPLIES 678.2040.690.000 102727 25049 P 574 00069 28.50 CONTRACTUAL SERVICES 100.1601.250.000 102728 25088 P 574 00070 28.50 SPECIAL SUPPLIES 105.2001.690.000 102769 25221 P 574 00071 28.50 SPECIAL SUPPLIES 678.2040.690.000 102769 25221 P 574 00072 142.50 *VENDOR TOTAL 293.05 EQUIPMENT MAINT & REPAIR 800.3765.302.000 102930 210230 040267 P 574 00073 293.05 EQUIPMENT MAINT & REPAIR 820.3960.302.000 102930 210230 040267 P 574 00074 586.10 *VENDOR TOTAL 7,500.00 TRAVEL & CONFERENCE EXPE 105.2101.160.000 102907 LETTER 040635 F 574 00075 173.25 MONITORING& TESTING(PVT 660.3401.250.005 102775 18740 040598 P 574 00076 900.00 K-9 TRAINING 105.2001.690.009 102908 6202 040496 P 574 00077 20.45 SPECIAL SUPPLIES 800.3642.690.000 102729 3052014 P 574 00080 57.59 SPECIAL SUPPLIES 105.2101.690.000 102781 03171319 P 574 00078 17.72 SUPPLIES 100.3301.690.000 102950 03300335 P 574 00079 95.76 *VENDOR TOTAL 1,118.71 SPECIAL SUPPLIES 100.3110.690.000 102951 6705 P 574 00081 399.69 SPECIAL SUPPLIES 100.3110.690.000 102951 6705 P 574 00082 733.75 SPECIAL SUPPLIES 100.3110.690.000 102951 6705 P 574 00083 2,252.15 *VENDOR TOTAL 970.00 PUMPKINFEST 900.205.219 102952 LETTER P 574 00084 225.20 PRISIONER EXPENSE 105.2001.500.000 102730 IN1234231 P 574 00085 260.61 SPECIAL SUPPLIES 100.1301.690.000 102782 1189 040589 F 574 00086 ACCOUNTS PAYABLE CITY OF UKIAH 10/12/2011 17:14:38 Schedule of Bills Payable GL540R-V07.12 PAGE 5 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE MUNICIPAL MAINTENANCE EQ ELBOW 945.47 VEHICLE REPAIR & MAINT 612.3510.303.000 102953 0069347 -IN 040610 F 574 00087 FREIGHT 159.79 VEHICLE REPAIR & MAINT 612.3510.303.000 102953 0069347 -IN P 574 00088 INNER TUBE ASSY 1,121.71 VEHICLE REPAIR & MAINT 612.3510.303.000 102954 0069712 -IN 040610 P 574 00089 O-RING 13.49 VEHICLE REPAIR & MAINT 612.3510.303.000 102954 0069712 -IN 040610 P 574 00090 SEAL 31.81 VEHICLE REPAIR & MAINT 612.3510.303.000 102954 0069712 -IN 040610 P 574 00091 FREIGHT 164.81 VEHICLE REPAIR & MAINT 612.3510.303.000 102954 0069712 -IN P 574 00092 2,437.08 *VENDOR TOTAL MYERS/RON D PROF SVCS 2,000.00 TRAINING 105.2190.160.001 102909 LETTER 040636 F 574 00093 PROF SVCS 250.00 TRAVEL & CONFERENCE EXPE 105.2101.160.000 102909 LETTER 040636 F 574 00094 2,250.00 *VENDOR TOTAL NORTHERN SAFETY CO INC SAFETY GLASSES 20.59 SAFETY SUPPLIES 612.3510.690.001 102783 P312230001011 P 574 00095 SAFETY GLASSES 20.59 SAFETY SUPPLIES 820.3948.690.004 102783 P312230001011 P 574 00096 STATE USE TAX 2.24CR STATE USE TAX LIABILITY 900.205.013 102783 P312230001011 P 574 00097 DIST USE TAX 0.15CR DISTRICT USE TAX LIABILI 900.205.237 102783 P312230001011 P 574 00098 38.79 *VENDOR TOTAL OAK VALLEY NURSERY MISC PLANTS/TREES 19.37 SPECIAL SUPPLIES 100.6001.690.000 102955 CITUPS P 574 00099 OLIN CORPORATION HYPOCHLORITE 3,911.20 CHEMICAL SUPPLIES 612.3580.520.000 102956 1465748 P 574 00100 ONLINE INFORMATION SRVS SEPT11 ONLINE REPORTING 313.50 CONTRACTUAL SERVICES 697.1305.250.000 102957 363652 040484 P 574 00101 OPPERMAN & SON INC. MISC PARTS 815.20 VEHICLE REPAIR & MAINTEN 100.3110.303.000 102958 ACCT 16373 P 574 00102 MISC PARTS 143.49 VEHICLE REPAIR & MAINTEN 100.6001.303.000 102958 ACCT 16373 P 574 00103 MISC PARTS 51.92 GARAGE VEHICLE MAINT COS 105.2001.303.000 102958 ACCT 16373 P 574 00104 MISC PARTS 826.92 FIRE APPARATUS 105.2101.303.001 102958 ACCT 16373 P 574 00105 MISC PARTS 92.33 EQUIPMENT PARTS FOR RESA 575.5801.431.000 102958 ACCT 16373 P 574 00106 MISC PARTS 136.53 SPECIAL SUPPLIES 575.5801.690.000 102958 ACCT 16373 P 574 00107 MISC PARTS 513.76 VEHICLE REPAIR & MAINT 612.3510.303.000 102958 ACCT 16373 P 574 00108 MISC PARTS 221.24 VEHICLE REPAIR & MAINTEN 800.3765.303.000 102958 ACCT 16373 P 574 00109 2,801.39 *VENDOR TOTAL PETERSON TRACTOR CO. MISC PARTS/BATTERIES 183.69 EQUIPMENT MAINT & REPAIR 100.1915.302.000 102959 6636300 P 574 00110 MISC PARTS/BATTERIES 32.02 VEHICLE REPAIR & MAINTEN 100.3110.303.000 102959 6636300 P 574 00111 MISC PARTS/BATTERIES 117.95 GARAGE VEHICLE MAINT COS 105.2001.303.000 102959 6636300 P 574 00112 MISC PARTS/BATTERIES 92.04 FIRE APPARATUS 105.2101.303.001 102959 6636300 P 574 00113 MISC PARTS/BATTERIES 28.25 EQUIPMENT PARTS FOR RESA 575.5801.431.000 102959 6636300 P 574 00114 MISC PARTS/BATTERIES 854.28 VEHICLE REPAIR & MAINT 612.3510.303.000 102959 6636300 P 574 00115 1,308.23 *VENDOR TOTAL ACCOUNTS PAYABLE 10/12/2011 17:14:38 VENDOR NAME DESCRIPTION PFM ASSET MANAGEMENT LLC AUG11 ADVISORY SERVICES POLLARDWATER.COM HYDRANT LOCKS CURB STOP KEYS STATE USE TAX DIST USE TAX QUILL CORPORATION COPY PAPER OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES RELIANCE ENTERPRISES SERVICE BOILER RINO PACIFIC, INC. 9/16-9/30/11 CARDLOCK 9/16-9/30/11 CARDLOCK SAWYER/NANCY JUL-SEPT11 STIPEND SCHAPMIRE/TYLER UNIFORM ALLOWANCE SCOTT/JILL EMBROIDERED SHIRTS SMATSKY JR/ALBERT MILEAGE - 9/26/11 SMITH/BRUCE JUL-SEPT11 STIPEND SNYDER/ANDREW UNIFORM ALLOWANCE SOLID WASTE SYSTEMS INC. SEPT11 GARBAGE FEES SONOMA/COUNTY OF SEXUAL ASSAULT EXAM Schedule of BillS Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 6,501.97 CONTRACTUAL SERVICES 100.1910.250.000 305.50 WTR SYSTM REPAIR MATERIA 820.3948.690.002 352.69 SMALL TOOLS 820.3948.440.000 37.98CR STATE USE TAX LIABILITY 900.205.013 2.62CR DISTRICT USE TAX LIABILI 900.205.237 617.59 *VENDOR TOTAL 1,486.95 STORES PURCHASES 696.131.002 5.83 SPECIAL SUPPLIES 100.3001.690.000 5.81 SPECIAL SUPPLIES 100.3110.690.000 5.81 SPECIAL SUPPLIES 612.3505.690.000 5.81 SPECIAL SUPPLIES 820.3901.690.000 1,510.21 *VENDOR TOTAL 1,156.47 EQUIPMENT MAINT & REPAIR 612.3580.302.000 1,026.42 FUELS & LUBRICANTS 612.3510.450.000 144.31 FUELS & LUBRICANTS 820.3948.450.000 1,170.73 *VENDOR TOTAL 230.96 STIPEND PROGRAM 105.2190.250.000 419.10 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 45.22 SPECIAL SUPPLIES 820.3960.690.000 228.66 TRAVEL & CONFERENCE EXPE 800.3733.160.000 123.27 STIPEND PROGRAM 105.2190.250.000 207.17 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 27,573.81 PMTS TO USW, DOMESTIC 670.4901.270.000 1,800.00 PHYSICAL ASSAULT EXAMS 105.2001.250.011 CITY OF UKIAH GL540R-V07.12 PAGE 6 CLAIM INVOICE 102910 PFM -122418 102731 I308661 -IN 102731 I308661 -IN 102731 I308661 -IN 102731 I308661 -IN 102732 6805811 102960 7017478 102960 7017478 102960 7017478 102960 7017478 102961 18552 102962 C128386 102963 C128596 102926 STIPEND 102913 REIMBURSEMENT 102911 REIMBURSEMENT 102792 REIMBURSEMENT 102927 STIPEND 102914 REIMBURSEMENT 102964 NONE 102912 01301 PO# F/P ID LINE P 574 00116 P 574 00117 P 574 00118 P 574 00119 P 574 00120 P 574 00121 P 574 00122 P 574 00123 P 574 00124 P 574 00125 040634 F 574 00126 P 574 00127 P 574 00128 P 574 00129 P 574 00130 P 574 00131 P 574 00132 P 574 00133 P 574 00134 P 574 00135 P 574 00136 ACCOUNTS PAYABLE CITY OF UKIAH 10/12/2011 17:14:38 Schedule of Bil1S Payable GL540R-V07.12 PAGE 7 FOR A/P VENDOR NAME DESCRIPTION THOMPSON/OREN LINEN RENTALS LINENS BALLOONS THURSTON CHEVROLET VEH#4580-MULTI DISPLAY DIST USE TAX BATTERY DIST USE TAX TWOMEY/RYAN JUL-SEPT11 STIPEND UKIAH FORD LINCOLN MERCU MISC PARTS/SVCS MISC PARTS/SVCS MISC PARTS/SVCS MISC PARTS/SVCS MISC PARTS/SVCS MISC PARTS/SVCS ULINE TICKET SLEEVES UNITED INDUSTRIES LAB COATS CA SALES TAX TO VENDOR DIST USE TAX TO STATE LAB COATS UNIVERSITY ENTERPRISES I ONLINE COURSE MANUAL DIST USE TAX VALLEY UTILITY SERVICES GOBBI STREET SUBSTRUCTUR RETENTION GOBBI STREET SUBSTRUCTUR RETENTION GOBBI STREET SUBSTRUCTUR RETENTION AMOUNT ACCOUNT NAME FUND & ACCOUNT 220.89 EQUIP RENTAL FOR CLIENTS 410.6190.690.003 42.56 PUMPKINFEST 900.205.219 73.21 PUMPKINFEST 900.205.219 336.66 *VENDOR TOTAL 1,670.13 AUTO REPAIR & MAINTENANC 100.1915.303.000 7.75CR DISTRICT USE TAX LIABILI 900.205.237 144.54 AUTO REPAIR & MAINTENANC 100.1915.303.000 0.67CR DISTRICT USE TAX LIABILI 900.205.237 1,806.25 *VENDOR TOTAL 256.18 STIPEND PROGRAM 105.2190.250.000 85.50 VEHICLE REPAIR & MAINTEN 100.3110.303.000 21.53 VEHICLE REPAIR & MAINTEN 100.6001.303.000 1,056.83 GARAGE VEHICLE MAINT COS 105.2001.303.000 35.86 AMBULANCES 105.2101.303.002 823.80 VEHICLE REPAIR & MAINTEN 800.3765.303.000 87.11CR VEHICLE MAINT. & REPAIRS 820.3948.303.000 1,936.41 *VENDOR TOTAL 39.76 SPECIAL SUPPLIES 220.4601.690.000 375.76 SPECIAL SUPPLIES 800.3642.690.000 26.10 SPECIAL SUPPLIES 800.3642.690.000 1.80CR DISTRICT USE TAX LIABILI 900.205.237 1.80 SPECIAL SUPPLIES 800.3642.690.000 401.86 *VENDOR TOTAL 60.80 CONFERENCE AND TRAINING 820.3908.160.000 0.25CR DISTRICT USE TAX LIABILI 900.205.237 60.55 *VENDOR TOTAL 45,742.00 POLE RELOCATIONS 800.3728.930.000 4,574.20CR ACCOUNTS PAYABLE-RETENTI 800.202.001 11,050.85 POLE RELOCATIONS 800.3728.930.000 1,105.09CR ACCOUNTS PAYABLE-RETENTI 800.202.001 6,588.18 POLE RELOCATIONS 800.3728.930.000 658.82CR ACCOUNTS PAYABLE-RETENTI 800.202.001 57,042.92 *VENDOR TOTAL CLAIM INVOICE 102733 01-010188-03 102795 01-010291-01 102800 01-010282-01 102966 151535 102966 151535 102967 151623 102967 151623 102928 STIPEND 102968 21244 102968 21244 102968 21244 102968 21244 102968 21244 102968 21244 102802 40083042 102734 93575 102734 93575 102734 93575 102734 93575 102804 601182 102804 601182 102915 0017621 -IN 102915 0017621 -IN 102916 0017617 -IN 102916 0017617 -IN 102917 17619E -IN 102917 17619E -IN PO# F/P ID LINE P 574 00137 P 574 00139 P 574 00138 040606 F 574 00140 P 574 00141 P 574 00142 P 574 00143 P 574 00144 P 574 00145 P 574 00146 P 574 00147 P 574 00148 P 574 00149 P 574 00150 P 574 00151 P 574 00152 P 574 00153 P 574 00154 P 574 00155 P 574 00156 P 574 00157 040570 P 574 00160 P 574 00161 040570 P 574 00158 P 574 00159 040570 P 574 00162 P 574 00163 ACCOUNTS PAYABLE CITY OF UKIAH 10/12/2011 17:14:38 Schedule of Bills Payable GL540R-V07.12 PAGE 8 FOR A/P VENDOR NAME DESCRIPTION WYATT IRRIGATION SUPPLY IRRIGATION SUPPL PIPE MATERIALS IRRIGATION SUPPL IRRIGATION SUPPL IRRIGATION SUPPL IRRIGATION SUPPL IRRIGATION SUPPLIES IRRIGATION SUPPLIES IRRIGATION SUPPLIES IRRIGATION SUPP-RETURN YOKAYO VETERINARY CLINIC K-9 VET SVCS AMOUNT ACCOUNT NAME FUND & ACCOUNT 260.40 SPECIAL SUPPLIES 100.6001.690.000 183.21 ANTON STADIUM CONSTRUCTI 140.6050.930.007 154.50 SPECIAL SUPPLIES 100.6001.690.000 31.48 SPECIAL SUPPLIES 695.6120.690.000 140.62 SPECIAL SUPPLIES 100.6001.690.000 73.59 SPECIAL SUPPLIES 100.6001.690.000 33.97 ANTON STADIUM CONSTRUCTI 140.6050.930.007 81.83 ANTON STADIUM CONSTRUCTI 140.6050.930.007 57.94 ANTON STADIUM CONSTRUCTI 140.6050.930.007 16.45CR ANTON STADIUM CONSTRUCTI 140.6050.930.007 1,001.09 *VENDOR TOTAL 65.25 K-9 OPERATIONS 105.2001.690.010 CLAIM INVOICE PO# F/P ID LINE 102735 250212 P 574 00168 102736 250207 P 574 00167 102737 250217 P 574 00169 102738 250180 P 574 00166 102739 250134 P 574 00165 102740 250103 P 574 00164 102807 250306 P 574 00171 102809 250284 P 574 00170 102811 250395 P 574 00172 102813 250403 P 574 00173 102918 2841 P 574 00174 ACCOUNTS PAYABLE CITY OF UKIAH 10/12/2011 17:14:38 Schedule of Bills Payable GL540R-V07.12 PAGE 9 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE REPORT TOTALS: 218,752.07 RECORDS PRINTED - 000174 ACCOUNTS PAYABLE 10/20/2011 11:32:06 Schedule of Bills Payable FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 100 GENERAL FUND 68,246.17 105 MEASURE S GENERAL FUND 8,676.33 140 PARK DEVELOPMENT FUND 2,894.49 200 ASSET SEIZURE FUND 80.00 203 H&S EDUCATION 11489(B)(2)(A1 296.47 220 PKG. DIST. #1 OPER & MAINT 737.64 250 SPECIAL REVENUE FUND 260.00 255 ARC GENERAL OPERATING FUND 1,193.81 410 CONFERENCE CENTER FUND 3,512.56 575 GARAGE FUND 622.59 600 AIRPORT FUND 3,800.66 612 CITY/DIST. SEWER FUND 59,688.51 614 SEWER CAPITAL PROJECTS FUND 241.28 660 SANITARY DISPOSAL SITE FUND 446.16 678 PUBLIC SAFETY DISPATCH FUND 608.31 695 GOLF FUND 33,255.75 696 PURCHASING FUND 870.16 697 BILLING ENTERPRISE FUND 76.77 800 ELECTRIC FUND 581,954.11 805 STREET LIGHTING FUND 12,240.29 806 PUBLIC BENEFITS CHARGES 10.57 820 WATER FUND 75,115.97 900 SPECIAL DEPOSIT TRUST FUND 1,472.33 910 WORKER'S COMP FUND 716.49 940 PAYROLL POSTING FUND 28,701.79 960 COMMUNITY REDEV. AGENCY FUND 775.59 962 REDEVELOPMENT HOUSING FUND 608.44 965 REDEVELOPMENT CAP IMPR FUND 3,779.00 TOTAL ALL FUNDS 890,882.24 BANK RECAP: BANK NAME DISBURSEMENTS UBOC UNION BANK OF CALIFORNIA 890,882.24 TOTAL ALL BANKS 890,882.24 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. CITY OF UKIAH GL060S-V07.12 RECAPPAGE GL540R ACCOUNTS PAYABLE 10/20/2011 11:32:06 Schedule of BillS Payable DATE ............ APPROVED BY .................. CITY OF UKIAH GL060S-V07.12 RECAPPAGE GL540R ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of Bills Payable GL540R-V07.12 PAGE 1 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE AARDVARK TACTICAL BODY ARMOR 3,635.49 CAPITAL EXPENDITURES 105.2001.800.000 102825 ISTD -05859 040353 F 611 00001 AFLAC CANCER/LIFE/ACC INSUR 6,756.88 SECTION 125 (CANCER & LI 940.200.727 102976 307881 P 611 00002 AFLAC - FLEX ONE UNREIMBURSED MEDICAL 272.51 MEDICAL & DEPENDANT REIM 940.200.728 102977 FAX P 611 00003 ALL STAR FIRE EQUIPMENT FIRE HOSE 393.26 SPECIAL SUPPLIES 800.3733.690.000 102978 153671 P 611 00004 AMERICAN POWER CONVERSIO UPS SRV PLAN -1 YR 3,433.00 EQUIPMENT MAINT & REPAIR 100.1965.302.000 102979 8047971 040506 F 611 00005 ARAMARK UNIFORM SERVICES AUG11 FLOOR MAT SRV 290.84 CIVIC CENTER M & R 100.1915.301.000 102980 ACCT 37099000 P 611 00006 AUG11 FLOOR MAT SRV 223.22 GROUND MAINTENANCE 695.6120.305.000 102980 ACCT 37099000 P 611 00007 AUG11 FLOOR MAT SRV 176.96 BUILDING MAINT & REPAIR 410.6190.301.000 102980 ACCT 37099000 P 611 00008 UNIFORM SRV 177.28 SPECIAL SUPPLIES 600.5001.690.000 102980 ACCT 37099000 P 611 00009 POOL MATS 110.00 SPECIAL SUPPLIES 100.6130.690.000 102980 ACCT 37099000 P 611 00010 RECODE TO POOL 100.6130 66.00CR GROUND MAINTENANCE 695.6120.305.000 102980 ACCT 37099000 P 611 00011 RECODE FM GOLF -695.6120 66.00 SPECIAL SUPPLIES 100.6130.690.000 102980 ACCT 37099000 P 611 00012 SEPT11 FLOOR MAT SRV 290.84 CIVIC CENTER M & R 100.1915.301.000 102981 ACCT 37099000 P 611 00013 SEPT11 FLOOR MAT SRV 223.22 GROUND MAINTENANCE 695.6120.305.000 102981 ACCT 37099000 P 611 00014 SEPT11 FLOOR MAT SRV 176.96 BUILDING MAINT & REPAIR 410.6190.301.000 102981 ACCT 37099000 P 611 00015 UNIFORM SRV 254.45 SPECIAL SUPPLIES 600.5001.690.000 102981 ACCT 37099000 P 611 00016 POOL MATS 110.00 SPECIAL SUPPLIES 100.6130.690.000 102981 ACCT 37099000 P 611 00017 FINANCE CHRG 14.67 SPECIAL SUPPLIES 696.1390.690.000 102981 ACCT 37099000 P 611 00018 2,048.44 *VENDOR TOTAL ASPLUNDH TREE EXPERT CO TREE TRIMMING W/E 9/10 374.50 CONTRACTUAL SERVICES 800.3728.250.000 102982 76T34011 039553 P 611 00022 TREE TRIMMING W/E 9/10 4,815.00 CONTRACTUAL SERVICES 800.3728.250.000 102983 76F00711 039553 P 611 00019 TREE TRIMMING W/E 9/17 6,420.00 CONTRACTUAL SERVICES 800.3728.250.000 102984 76R34111 039553 P 611 00020 TREE TRIMMING W/E 9/17 321.00 CONTRACTUAL SERVICES 800.3728.250.000 102985 76R34211 039553 P 611 00021 11,930.50 *VENDOR TOTAL AT&T T1 TO INTERNET 7.69 TELEPHONE 100.1101.220.000 102986 2699557 P 611 00023 T1 TO INTERNET 30.26 TELEPHONE 100.1201.220.000 102986 2699557 P 611 00024 T1 TO INTERNET 34.07 TELEPHONE 100.1301.220.000 102986 2699557 P 611 00025 T1 TO INTERNET 30.26 TELEPHONE 100.1501.220.000 102986 2699557 P 611 00026 T1 TO INTERNET 15.09 TELEPHONE 100.1601.220.000 102986 2699557 P 611 00027 T1 TO INTERNET 22.71 TELEPHONE 100.1905.220.000 102986 2699557 P 611 00028 T1 TO INTERNET 30.26 TELEPHONE 100.1965.220.000 102986 2699557 P 611 00029 T1 TO INTERNET 189.13 TELEPHONE 105.2001.220.000 102986 2699557 P 611 00030 T1 TO INTERNET 83.24 TELEPHONE 105.2101.220.000 102986 2699557 P 611 00031 T1 TO INTERNET 7.54 TELEPHONE 100.2201.220.000 102986 2699557 P 611 00032 T1 TO INTERNET 30.26 TELEPHONE 100.3001.220.000 102986 2699557 P 611 00033 ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of BillS Payable GL540R-VO7.12 PAGE 2 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE AT&T T1 TO INTERNET 7.54 TELEPHONE 100.3110.220.000 102986 2699557 P 611 00034 T1 TO INTERNET 3.81 TELEPHONE 100.6001.220.000 102986 2699557 P 611 00035 T1 TO INTERNET 22.71 TELEPHONE 100.6110.220.000 102986 2699557 P 611 00036 T1 TO INTERNET 22.71 TELEPHONE 100.6150.220.000 102986 2699557 P 611 00037 T1 TO INTERNET 7.54 TELEPHONE 220.4601.220.000 102986 2699557 P 611 00038 T1 TO INTERNET 15.09 TELEPHONE 410.6190.220.000 102986 2699557 P 611 00039 T1 TO INTERNET 15.09 TELEPHONE 600.5001.220.000 102986 2699557 P 611 00040 T1 TO INTERNET 7.54 TELEPHONE 612.3580.220.000 102986 2699557 P 611 00041 T1 TO INTERNET 7.54 TELEPHONE 660.3401.220.000 102986 2699557 P 611 00042 T1 TO INTERNET 22.71 TELEPHONE 678.2040.220.000 102986 2699557 P 611 00043 T1 TO INTERNET 3.81 TELEPHONE 695.6120.220.000 102986 2699557 P 611 00044 T1 TO INTERNET 7.54 TELEPHONE 696.1390.220.000 102986 2699557 P 611 00045 T1 TO INTERNET 71.88 TELEPHONE 697.1305.220.000 102986 2699557 P 611 00046 T1 TO INTERNET 52.98 TELEPHONE 800.3733.220.000 102986 2699557 P 611 00047 T1 TO INTERNET 22.71 TELEPHONE 820.3901.220.000 102986 2699557 P 611 00048 T1 TO INTERNET 15.09 TELEPHONE 820.3908.220.000 102986 2699557 P 611 00049 T1 TO INTERNET 7.54 TELEPHONE 960.5601.220.000 102986 2699557 P 611 00050 794.34 *VENDOR TOTAL BAYSIDE PRINTED PRODUCTS BUILDING PERMIT FORMS 426.10 SPECIAL SUPPLIES 100.2201.690.000 102829 088248 040602 F 611 00051 DIST USE TAX 1.98CR DISTRICT USE TAX LIABILI 900.205.237 102829 088248 P 611 00052 424.12 *VENDOR TOTAL BEATTY/JOHN SOUND SYS-10/11/11 300.00 EQUIP RENTAL FOR CLIENTS 410.6190.690.003 102987 167057 P 611 00053 BROCK/MICHAEL GIANT PUMPKIN WINNER 1,039.00 PUMPKINFEST 900.205.219 102988 IST PRIZE P 611 00054 BUSINESS CARD PUB SAFETY VESTS 240.50 SPECIAL SUPPLIES 105.2001.690.002 102970 0177 6939 P 611 00081 EAR TIPS 472.25 SPECIAL SUPPLIES 105.2001.690.002 102970 0177 6939 P 611 00082 DRY GAS TANK 369.55 PRISIONER EXPENSE 105.2001.500.000 102970 0177 6939 P 611 00083 LUNCH MEETING 60.32 MEMBERSHIPS & MEETINGS 105.2001.262.000 102970 0177 6939 P 611 00084 STATE USE TAX 15.29CR STATE USE TAX LIABILITY 900.205.013 102970 0177 6939 P 611 00085 DIST USE TAX 1.05CR DISTRICT USE TAX LIABILI 900.205.237 102970 0177 6939 P 611 00086 TRAINING BOOKS, CDS 259.02 TRAVEL & CONFERENCE EXPE 105.2101.160.000 102971 0541 8101 P 611 00093 STATE USE TAX 15.77CR STATE USE TAX LIABILITY 900.205.013 102971 0541 8101 P 611 00094 DIST USE TAX 1.09CR DISTRICT USE TAX LIABILI 900.205.237 102971 0541 8101 P 611 00095 STAFF LUNCH, WEB MTG 64.90 LIBRARY BOOKS/SUPPLIES 100.1945.690.001 102972 8590 9883 P 611 00097 LODGING-CHAMBERS 691.98 TRAVEL & CONFERENCE EXPE 100.1201.160.000 102972 8590 9883 P 611 00098 REGIST-SANGIACOMO 505.00 TRAVEL & CONFERENCE EXPE 962.5602.160.000 102972 8590 9883 P 611 00099 SEMINAR REGIST-CURRIE 440.00 TRAVEL & CONFERENCE EXPE 100.1101.160.000 102972 8590 9883 P 611 00100 GFOA REGIST-G ELTON 135.00 TRAVEL, TRAINING, CONFER 100.1301.160.000 102973 1590 2993 P 611 00096 CANCEL ROOM-HARRIS 96.28CR TRAVEL & CONFERENCE EXPE 100.1601.160.000 102974 0208 2818 P 611 00087 FUEL-HARRIS, REMIF 33.10 TRAVEL & CONFERENCE EXPE 100.1601.160.000 102974 0208 2818 P 611 00088 SEMINAR REGIST-M HARRIS 190.00 TRAVEL & CONFERENCE EXPE 100.1601.160.000 102974 0208 2818 P 611 00089 ROOM CHRG-HARRIS 96.28 TRAVEL & CONFERENCE EXPE 100.1601.160.000 102974 0208 2818 P 611 00090 ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of Bills Payable GL540R-V07.12 PAGE 3 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE BUSINESS CARD ROOM CHRG-HARRIS 126.92 TRAVEL & CONFERENCE EXPE 100.1601.160.000 102974 0208 2818 P 611 00091 WORKING LUNCH 17.10 SPECIAL SUPPLIES 100.1601.690.000 102974 0208 2818 P 611 00092 BATTERIES 296.47 SPECIAL SUPPLIES 203.2001.690.000 102975 0045 1381 P 611 00055 BATTERIES 414.67 SPECIAL SUPPLIES 105.2001.690.000 102975 0045 1381 P 611 00056 ROCKER SWITCH 11.93 SPECIAL SUPPLIES 612.3580.690.000 102975 0045 1381 P 611 00057 SAFETY GLASSES/HATS 89.65 SPECIAL SUPPLIES 800.3642.690.000 102975 0045 1381 P 611 00058 SAFETY GLASSES/HATS 120.44 SPECIAL SUPPLIES 800.3733.690.000 102975 0045 1381 P 611 00059 CAMERA 209.84 SPECIAL SUPPLIES 800.3642.690.000 102975 0045 1381 P 611 00060 SQWENCHERS 85.97 SPECIAL SUPPLIES 800.3733.690.000 102975 0045 1381 P 611 00061 ELECTRIC CODE 204.62 SPECIAL SUPPLIES 800.3733.690.000 102975 0045 1381 P 611 00062 TAB FOLDERS 245.07 STORES PURCHASES 696.131.002 102975 0045 1381 P 611 00063 FIREWALL -10 USERS 350.19 SPECIAL SUPPLIES 800.3642.690.000 102975 0045 1381 P 611 00064 MBRSHP DUES -M HORGER 130.00 DUES & SUBSCRIPTIONS 696.1390.260.000 102975 0045 1381 P 611 00065 MBRSHP DUES -M WILLIAMSON 130.00 DUES & SUBSCRIPTIONS 696.1390.260.000 102975 0045 1381 P 611 00066 PORT 63.39 SPECIAL SUPPLIES 800.3642.690.000 102975 0045 1381 P 611 00067 WEATHERPROOF LABELS 58.77 SPECIAL SUPPLIES 100.2201.690.000 102975 0045 1381 P 611 00068 EXEC CHAIRS 1,123.46 SPECIAL SUPPLIES 600.5001.690.000 102975 0045 1381 P 611 00069 REBUILD SCOREBOARD 330.03 SPECIAL SUPPLIES 100.6115.690.000 102975 0045 1381 P 611 00070 GLOVES 88.36 SPECIAL SUPPLIES 100.1915.690.000 102975 0045 1381 P 611 00071 CARDSTOCK PAPER 62.15 SPECIAL SUPPLIES 100.1915.690.000 102975 0045 1381 P 611 00072 WALL MOUNT MAILBOX 136.84 SPECIAL SUPPLIES 800.3642.690.000 102975 0045 1381 P 611 00073 MEMORY & HARDDRIVE 265.02 MACHINERY & EQUIPMENT 100.3001.800.000 102975 0045 1381 P 611 00074 LAPTOP HARDDRIVE 53.87 SPECIAL SUPPLIES 820.3901.690.000 102975 0045 1381 P 611 00075 LAPTOP HARDDRIVE 53.87 SPECIAL SUPPLIES 612.3505.690.000 102975 0045 1381 P 611 00076 HARDWARE 96.96 SPECIAL SUPPLIES 820.3960.690.000 102975 0045 1381 P 611 00077 BATTERY 73.82 SPECIAL SUPPLIES 800.5536.690.000 102975 0045 1381 P 611 00078 STATE USE TAX 194.16CR STATE USE TAX LIABILITY 900.205.013 102975 0045 1381 P 611 00079 DIST USE TAX 15.57CR DISTRICT USE TAX LIABILI 900.205.237 102975 0045 1381 P 611 00080 8,058.10 *VENDOR TOTAL BUTTLES/EDWARD UNIFORM ALLOWANCE 74.19 UNIFORM ALLOWANCE (FD/PD 105.2101.157.000 102989 REIMBURSEMENT P 611 00101 CA STATE DISBURSEMENT UN CHILD SUPPORT 83.00 A/P WITHHOLDING 100.202.003 102990 0450003419-01 P 611 00102 CASE POWER & EQUIPMENT SEAT BELT 217.08 VEHICLE REPAIR & MAINTEN 100.6001.303.000 102991 N34072 P 611 00103 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPL 56.90 EQUIPMENT MAINT & REPAIR 612.3580.302.000 102993 8821-486432 P 611 00104 DIST USE TAX 0.26CR DISTRICT USE TAX LIABILI 900.205.237 102993 8821-486432 P 611 00105 56.64 *VENDOR TOTAL CONSOLIDATED ELECTRICAL CABLES TIES, TAPE 806.72 INVENTORY - PURCHASES 800.131.002 102992 7956-491202 P 611 00106 ACCOUNTS PAYABLE 10/20/2011 11:32:06 VENDOR NAME DESCRIPTION DANIEL STEEL & MACHINE I BOOMTRUCK & OPERATOR DEEP VALLEY CHRISTIAN SC SECURITY DEPOSIT -TG ROOM DEPARTMENT OF JUSTICE SEPT11 FINGERPRINTING DEPARTMENT OF MOTOR VEHI BICYCLE LICENSES FORMS DEPARTMENT OF PUBLIC HEA WATER SYS OVERSITE FEES EFAX CORPORATE AUG11 EFAXES AUG11 EFAXES AUG11 EFAXES SEPT11 EFAXES SEPT11 EFAXES SEPT11 EFAXES ENV ENVIRONMENTAL INT'L SEPT11 BIN RENTAL EUSERC MEETING REGIST-S BEAMAN EVERGREEN JOB &SAFETY TR AUG11 SAFETY MEETING FERGUSON ENTERPRISES INC ANGLE BALL VALVE FORD STREET PROJECT RENTAL FEE REFUND -PLAZA FRIEDMAN BROS HARDWARE HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC HARDWARE/TOOLS/MISC Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 843.75 EQUIPMENT MAINT & REPAIR 612.3580.302.000 500.00 TODD GROVE ROOM RENTAL 100.0700.512.007 96.00 FINGERPRINTING 100.1601.690.005 82.00 SPECIAL SUPPLIES 105.2001.690.000 12.00 SPECIAL SUPPLIES 105.2001.690.000 94.00 *VENDOR TOTAL 00130 12,862.61 TAXES AND FEES 820.3908.630.000 25.90 TELEPHONE 100.1601.220.000 90.65 TELEPHONE 100.1965.220.000 12.95 TELEPHONE 612.3510.220.000 25.90 TELEPHONE 100.1601.220.000 96.85 TELEPHONE 100.1965.220.000 12.95 TELEPHONE 612.3510.220.000 265.20 *VENDOR TOTAL 300.00 CONTRACTUAL SERVICES 800.3733.250.000 80.00 TRAVEL & CONFERENCE EXPE 800.3650.160.000 976.98 CONTRACTUAL SERVICES 800.3733.250.000 2,046.43 INVENTORY - PURCHASES 820.131.002 300.00 PLAZA RENTAL 100.0700.512.005 486.70 CIVIC CENTER M & R 100.1915.301.000 86.85 SMALL TOOLS 100.1915.440.000 287.81 SPECIAL SUPPLIES 100.1915.690.000 429.86 SPECIAL SUPPLIES 100.3110.690.000 63.99 SMALL TOOLS 100.6001.440.000 851.46 SPECIAL SUPPLIES 100.6001.690.000 13.02 R & M NON -AUTO FIRE EQUI 105.2101.302.001 7.90 FIRE APPARATUS 105.2101.303.001 CITY OF UKIAH GL540R-V07.12 PAGE 4 CLAIM INVOICE 102994 092111-C 102995 REFUND 102996 871877 102998 ORDER 102998 ORDER 102997 1160275 102999 220626 102999 220626 102999 220626 103000 228398 103000 228398 103000 228398 103001 12388 103002 REGIST FORM 103003 3021 102833 0779098 IKIMIi at)kN1 _t 103007 CUST #5165 103007 CUST #5165 103007 CUST #5165 103007 CUST #5165 103007 CUST #5165 103007 CUST #5165 103007 CUST ##5165 103007 CUST #5165 PO# F/P ID LINE P 611 00107 P 611 00108 P 611 00109 P 611 00110 P 611 00111 �iTif�iI�Iiff►i P 611 00113 P 611 00114 P 611 00115 P 611 00116 P 611 00117 P 611 00118 P 611 00119 P 611 00120 039288 P 611 00121 040572 P 611 00122 P 611 00123 P 611 00124 P 611 00125 P 611 00126 P 611 00127 P 611 00128 P 611 00129 P 611 00130 P 611 00131 ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of BillS Payable GL540R-V07.12 PAGE 5 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE FRIEDMAN BROS HARDWARE HARDWARE/TOOLS/MISC 71.74 OPERATIONAL SUPPLIES 105.2101.690.001 103007 CUST #5165 P 611 00132 HARDWARE/TOOLS/MISC 265.89 CONSTR. OF OBSERVATORY P 140.6050.930.000 103007 CUST #5165 P 611 00133 HARDWARE/TOOLS/MISC 17.07 BUILDING MAINT & REPAIR 410.6190.301.000 103007 CUST #5165 P 611 00134 HARDWARE/TOOLS/MISC 333.89 BLDG & GROUNDS MAINTENAN 600.5001.305.000 103007 CUST #5165 P 611 00135 HARDWARE/TOOLS/MISC 56.64 SMALL TOOLS 612.3510.440.000 103007 CUST #5165 P 611 00136 HARDWARE/TOOLS/MISC 17.84 SPECIAL SUPPLIES 612.3510.690.000 103007 CUST #5165 P 611 00137 HARDWARE/TOOLS/MISC 298.45 EQUIPMENT MAINT & REPAIR 612.3580.302.000 103007 CUST #5165 P 611 00138 HARDWARE/TOOLS/MISC 279.26 PUMP & MOTOR MAINT/PARTS 612.3580.302.001 103007 CUST #5165 P 611 00139 HARDWARE/TOOLS/MISC 55.90 BUILDING MAINTENANCE 612.3580.305.000 103007 CUST #5165 P 611 00140 HARDWARE/TOOLS/MISC 99.75 SMALL TOOLS 612.3580.440.000 103007 CUST #5165 P 611 00141 HARDWARE/TOOLS/MISC 6.77 SPECIAL SUPPLIES 612.3580.690.000 103007 CUST #5165 P 611 00142 HARDWARE/TOOLS/MISC 449.43 SPECIAL SUPPLIES 678.2040.690.000 103007 CUST #5165 P 611 00143 HARDWARE/TOOLS/MISC 32.37 SMALL TOOLS 695.6120.440.000 103007 CUST #5165 P 611 00144 HARDWARE/TOOLS/MISC 176.39 SPECIAL SUPPLIES 695.6120.690.000 103007 CUST #5165 P 611 00145 HARDWARE/TOOLS/MISC 40.06 SPECIAL SUPPLIES 800.3642.690.000 103007 CUST #5165 P 611 00146 HARDWARE/TOOLS/MISC 20.96 SPECIAL SUPPLIES 800.3729.690.000 103007 CUST #5165 P 611 00147 HARDWARE/TOOLS/MISC 12.96 SMALL TOOLS 800.5536.440.000 103007 CUST #5165 P 611 00148 HARDWARE/TOOLS/MISC 68.79 BLDG MAINT & REPAIRS 820.3908.301.000 103007 CUST #5165 P 611 00149 HARDWARE/TOOLS/MISC 27.97 WTR TREATMT PARTS/MATERI 820.3908.302.001 103007 CUST #5165 P 611 00150 HARDWARE/TOOLS/MISC 26.61 SAFETY MATERIALS & SUPPL 820.3908.690.003 103007 CUST #5165 P 611 00151 HARDWARE/TOOLS/MISC 20.74 SMALL TOOLS 820.3948.440.000 103007 CUST #5165 P 611 00152 HARDWARE/TOOLS/MISC 9.18 SPECIAL SUPPLIES 820.3948.690.000 103007 CUST #5165 P 611 00153 HARDWARE/TOOLS/MISC 243.69 WTR SYSTM REPAIR MATERIA 820.3948.690.002 103007 CUST #5165 P 611 00154 4,859.94 *VENDOR TOTAL GRANICUS INC GRANICUS OCT-DEC11 1,911.00 ENTERPRISE SOFTWARE AGRE 100.1965.250.001 103011 29976 040529 P 611 00155 GREEN VALLEY CONSULTING CONST MGMT/INSPECTION 260.00 SOUTH DORA ST REHAB ARRA 250.3110.930.001 102836 2011-862 040050 P 611 00156 GRILL BROS PARTNERSHIP PUMP RENTAL 190.96 SPECIAL SUPPLIES 800.5536.690.000 103008 20563-2 P 611 00161 PUMP RENTAL 53.00 SPECIAL SUPPLIES 800.5536.690.000 103009 22016-2 P 611 00162 VIBRATING PLATE 754.25 MACHINERY & EQUIPMENT 820.3948.800.000 103010 20095-2 040624 F 611 00157 VIBRATING PLATE 754.25 MACHINERY & EQUIPMENT 612.3510.800.000 103010 20095-2 040624 F 611 00158 FREIGHT 29.95 MACHINERY & EQUIPMENT 612.3510.800.000 103010 20095-2 040624 F 611 00159 FREIGHT 29.94 MACHINERY & EQUIPMENT 820.3948.800.000 103010 20095-2 040624 F 611 00160 1,812.35 *VENDOR TOTAL HADLEYS INDUSTRIES SAFETY GLASSES 173.97 SAFETY SUPPLIES 612.3510.690.001 103012 3560 P 611 00163 SAFETY GLASSES 173.97 SAFETY SUPPLIES 820.3948.690.004 103012 3560 P 611 00164 STATE USE TAX 23.41CR STATE USE TAX LIABILITY 900.205.013 103012 3560 P 611 00165 DIST USE TAX 1.61CR DISTRICT USE TAX LIABILI 900.205.237 103012 3560 P 611 00166 322.92 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of Bills Payable GL540R-V07.12 PAGE 6 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE HARRIS/MELODY TRAVEL 10/12-10/13/11 7.00 TRAVEL & CONFERENCE EXPE 100.1601.160.000 103013 REIMBURSEMENT P 611 00168 TRAVEL 10/23-10/26/11 155.00 TRAVEL & CONFERENCE EXPE 100.1601.160.000 103014 ADVANCE P 611 00167 162.00 *VENDOR TOTAL HAYES/NATHANIEL CLASS-BASKETBALL,SESII 252.00 CONTRACTUAL SERVICES 100.6120.250.000 103015 INSTRUCTOR P 611 00169 WITHHOLDING 83.00CR A/P WITHHOLDING 100.202.003 103015 INSTRUCTOR P 611 00170 169.00 *VENDOR TOTAL I -ROC LANDSCAPING MATERI CORING SAND 1,639.52 SPECIAL SUPPLIES 695.6120.690.000 103016 15746 040608 F 611 00171 SHIPPING OF CORING SAND 1,920.00 SPECIAL SUPPLIES 695.6120.690.000 103016 15746 040608 F 611 00172 3,559.52 *VENDOR TOTAL J -M LOCKSMITH LOCKS/KEYS 70.47 SPECIAL SUPPLIES 100.1915.690.000 103017 STATEMENT P 611 00173 LOCKS/KEYS 585.42 SPECIAL SUPPLIES 100.6001.690.000 103017 STATEMENT P 611 00174 LOCKS/KEYS 21.01 SPECIAL SUPPLIES 695.6120.690.000 103017 STATEMENT P 611 00175 LOCKS/KEYS 116.41 BLDG MAINT & REPAIRS 820.3908.301.000 103017 STATEMENT P 611 00176 793.31 *VENDOR TOTAL JOHN JOHN'S SIGN CO RETEXT VISITOR SIGNS 393.41 CHAMBER CONTR-TOT MEASUR 100.1945.250.001 103018 111004 P 611 00177 JUMPERZ INC JUMP HOUSE-PUMPKINFEST 700.00 PUMPKINFEST 900.205.219 103019 1401 P 611 00178 LAB SAFETY SUPPLY INC COAT RACK 206.13 SPECIAL SUPPLIES 800.3642.690.000 102839 1017925516 P 611 00179 LEXISNEXIS RISK DATA MGM SEPT11 SEARCH SRVS 77.00 MAJOR CRIMES INVESTIGATI 105.2001.500.002 103022 1410964 P 611 00180 LIFE ASSIST EMS SUPPLIES 437.87 SPECIAL SUPPLIES 105.2101.690.000 102838 577864 P 611 00181 DIST USE TAX 2.03CR DISTRICT USE TAX LIABILI 900.205.237 102838 577864 P 611 00182 435.84 *VENDOR TOTAL MENDES SUPPLY COMPANY JANITORIAL SUPPLIES 1,278.09 SPECIAL SUPPLIES 100.1915.690.000 103020 M025087A P 611 00183 MENDOCINO GLOVE COMPANY GLOVES 271.66 SAFETY 100.3110.690.010 103021 31348 P 611 00184 NORTHERN CALIFORNIA POWE OCT11 POWER 296,835.00 NCPA PLANT GENERATION 800.3702.214.003 102969 6102-1011017 P 611 00185 OCT11 POWER 180,051.00 NCPA POWER PURCHASES 800.3702.214.004 102969 6102-1011017 P 611 00186 OCT11 POWER 116,768.00 NCPA TRANSMISSION 800.3702.214.005 102969 6102-1011017 P 611 00187 OCT11 POWER 36,953.00 NCPA MGMT SERVICE 800.3702.214.006 102969 6102-1011017 P 611 00188 ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of Bills Payable GL540R-VO7.12 PAGE 7 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE NORTHERN CALIFORNIA POWE OCT11 POWER 70,370.00CR NCPA THIRD PARTY REV (SA 800.3702.214.007 102969 6102-1011017 P 611 00189 560,237.00 *VENDOR TOTAL OCE IMAGISTICS INC OCT11 COPIER LEASE 503.93 COPIER 100.1905.255.001 103023 85478 P 611 00190 9/1-10/1/11 COPY CHRG 394.59 COPIER 100.1905.255.001 103023 85478 P 611 00191 898.52 *VENDOR TOTAL OFFICE DEPOT OFFICE SUPPLIES 7.84 SPECIAL SUPPLIES 100.1201.690.000 103024 2092953 P 611 00192 OFFICE SUPPLIES 4.85 SPECIAL SUPPLIES 100.1301.690.000 103024 2092953 P 611 00193 OFFICE SUPPLIES 18.31 SPECIAL SUPPLIES 100.1905.690.000 103024 2092953 P 611 00194 OFFICE SUPPLIES 115.13 SPECIAL SUPPLIES 100.1915.690.000 103024 2092953 P 611 00195 OFFICE SUPPLIES 23.65 SPECIAL SUPPLIES 100.2201.690.000 103024 2092953 P 611 00196 OFFICE SUPPLIES 436.82 PRISIONER EXPENSE 105.2001.500.000 103024 2092953 P 611 00197 OFFICE SUPPLIES 261.36 SPECIAL SUPPLIES 105.2001.690.000 103024 2092953 P 611 00198 OFFICE SUPPLIES 95.32 OFFICE SUPPLIES 105.2101.690.014 103024 2092953 P 611 00199 OFFICE SUPPLIES 543.83 SPECIAL SUPPLIES 410.6190.690.000 103024 2092953 P 611 00200 OFFICE SUPPLIES 247.07 STORES PURCHASES 696.131.002 103024 2092953 P 611 00201 OFFICE SUPPLIES 95.81 SPECIAL SUPPLIES 696.1390.690.000 103024 2092953 P 611 00202 OFFICE SUPPLIES 4.89 SPECIAL SUPPLIES 697.1305.690.000 103024 2092953 P 611 00203 OFFICE SUPPLIES 97.92 SPECIAL SUPPLIES 800.3650.690.000 103024 2092953 P 611 00204 OFFICE SUPPLIES 55.49 SPECIAL SUPPLIES 800.3733.690.000 103024 2092953 P 611 00205 OFFICE SUPPLIES 10.06 SPECIAL SUPPLIES 820.3901.690.000 103024 2092953 P 611 00206 2,018.35 *VENDOR TOTAL OLIN CORPORATION SODIUM HYDROXIDE 4,204.85 CHEMICALS 820.3908.520.000 102842 1463481 P 611 00207 ON TRAC OVERNIGHT MAIL 3.36 POSTAGE 100.1501.411.000 103025 7239077 P 611 00208 P. G. & E. COMPANY ELEC-AR CENTER 1,098.89 UTILITIES 255.1640.210.000 103026 9858990853-6 P 611 00223 GAS -OBSERVATORY HSE 3.15 UTILITIES 100.6001.210.000 103027 4722717075-1 P 611 00209 UTILITIES 43.72 UTILITIES 600.5001.210.000 103028 689263822-9 P 611 00210 UTILITIES 68.49 UTILITIES 100.6130.210.000 103028 689263822-9 P 611 00211 UTILITIES 69.33 UTILITIES 410.6190.210.000 103028 689263822-9 P 611 00212 UTILITIES 50.41 UTILITIES 612.3510.210.000 103028 689263822-9 P 611 00213 UTILITIES 494.73 NAT GAS & PROPANE 612.3580.214.000 103028 689263822-9 P 611 00214 UTILITIES 438.62 UTILITIES 660.3401.210.000 103028 689263822-9 P 611 00215 UTILITIES 29.62 UTILITIES 695.6120.210.000 103028 689263822-9 P 611 00216 UTILITIES 1,751.60 UTILITIES 820.3908.210.000 103028 689263822-9 P 611 00217 UTILITIES 8.73 UTILITIES 100.6150.210.000 103028 689263822-9 P 611 00218 UTILITIES 126.25 UTILITIES 100.1915.210.000 103028 689263822-9 P 611 00219 UTILITIES 394.19 FUELS & LUBRICANTS 100.3110.450.000 103028 689263822-9 P 611 00220 UTILITIES 25.08 UTILITIES 960.5601.210.000 103028 689263822-9 P 611 00221 UTILITIES 13.27 UTILITIES 100.6001.210.000 103028 689263822-9 P 611 00222 4,616.08 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of Bills Payable GL540R-V07.12 PAGE 8 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE PR DIAMOND PRODUCTS INC BLADES 348.03 WTR SYSTM REPAIR MATERIA 820.3948.690.002 103029 20770-IN P 611 00224 STATE USE TAX 22.48CR STATE USE TAX LIABILITY 900.205.013 103029 20770-IN P 611 00225 DIST USE TAX 1.55CR DISTRICT USE TAX LIABILI 900.205.237 103029 20770-IN P 611 00226 324.00 *VENDOR TOTAL PRE-PAID LEGAL SERVICES OCT11 LEGAL INSURANCE 211.20 PREPAID LEGAL - AFLAC 940.200.726 103030 38295-OCT11 P 611 00227 PUBLIC SERVICE DEPT. SEWER-ARC 94.92 UTILITIES 255.1640.210.000 103005 ACCT 89690-2 P 611 00228 UTILITIES 4,653.10 UTILITIES 100.1915.210.000 103006 VARIOUS P 611 00229 UTILITIES 351.66 UTILITIES 100.3110.210.000 103006 VARIOUS P 611 00230 UTILITIES 653.86 UTILITIES 100.3150.210.000 103006 VARIOUS P 611 00231 UTILITIES 181.43 UTILITIES 100.3301.210.000 103006 VARIOUS P 611 00232 UTILITIES 25,980.38 UTILITIES 100.6001.210.000 103006 VARIOUS P 611 00233 UTILITIES 457.07 UTILITIES 100.6110.210.000 103006 VARIOUS P 611 00234 UTILITIES 1,801.42 UTILITIES 100.6130.210.000 103006 VARIOUS P 611 00235 UTILITIES 2,352.81 UTILITIES 100.6150.210.000 103006 VARIOUS P 611 00236 UTILITIES 151.60 SKATE PARK DEVEL 140.6050.800.005 103006 VARIOUS P 611 00237 UTILITIES 706.06 UTILITIES 220.4601.210.000 103006 VARIOUS P 611 00238 UTILITIES 2,213.32 UTILITIES 410.6190.210.000 103006 VARIOUS P 611 00239 UTILITIES 613.00 UTILITIES 575.5801.210.000 103006 VARIOUS P 611 00240 UTILITIES 1,852.77 UTILITIES 600.5001.210.000 103006 VARIOUS P 611 00241 UTILITIES 74.24 UTILITIES 612.3510.210.000 103006 VARIOUS P 611 00242 UTILITIES 26,738.85 UTILITIES 612.3580.210.000 103006 VARIOUS P 611 00243 UTILITIES 50.06 UTILITIES 678.2040.210.000 103006 VARIOUS P 611 00244 UTILITIES 28,408.43 UTILITIES 695.6120.210.000 103006 VARIOUS P 611 00245 UTILITIES 615.60 UTILITIES 800.3733.210.000 103006 VARIOUS P 611 00246 UTILITIES 96.60 UTILITIES 800.3765.210.000 103006 VARIOUS P 611 00247 UTILITIES 12,240.29 UTILITIES 805.4001.210.000 103006 VARIOUS P 611 00248 UTILITIES 10.57 MONTHLY DISCOUNT PROGRAM 806.3765.250.003 103006 VARIOUS P 611 00249 UTILITIES 360.19 UTILITIES 820.3901.210.000 103006 VARIOUS P 611 00250 UTILITIES 51,313.39 UTILITIES 820.3908.210.000 103006 VARIOUS P 611 00251 UTILITIES 85.37 UTILITIES 960.5601.210.000 103006 VARIOUS P 611 00252 UTILITIES 103.44 HOUSING DEVELOP UTILITIE 962.5602.210.001 103006 VARIOUS P 611 00253 162,160.43 *VENDOR TOTAL RAINBOW AGRICULTURAL SER IRRIGATION/SUPPL 14.52 SPECIAL SUPPLIES 100.3110.690.000 103031 CUST #2258 P 611 00254 IRRIGATION/SUPPL 187.17 EQUIPMENT MAINT & REPAIR 100.6001.302.000 103031 CUST #2258 P 611 00255 IRRIGATION/SUPPL 446.02 SMALL TOOLS 100.6001.440.000 103031 CUST #2258 P 611 00256 IRRIGATION/SUPPL 143.22 SPECIAL SUPPLIES 100.6001.690.000 103031 CUST #2258 P 611 00257 IRRIGATION/SUPPL 32.30 K-9 OPERATIONS 105.2001.690.010 103031 CUST #2258 P 611 00258 IRRIGATION/SUPPL 9.59 EQUIPMENT PARTS FOR RESA 575.5801.431.000 103031 CUST #2258 P 611 00259 IRRIGATION/SUPPL 78.46 EQUIPMENT MAINT & REPAIR 612.3580.302.000 103031 CUST #2258 P 611 00260 IRRIGATION/SUPPL 587.82 VEHICLE REPAIR & MAINTEN 695.6120.303.000 103031 CUST #2258 P 611 00261 1,499.10 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of BillS Payable GL540R-V07.12 PAGE 9 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE RAMSEIER/ROBERT UNIFORM ALLOWANCE 82.00 UNIFORM ALLOWANCE (FD/PD 105.2101.157.000 103032 REIMBURSEMENT P 611 00262 RAPPORT/DAVID J LEGAL SRVS-CITY 7,186.04 MONTHLY RETAINER 100.1401.250.000 103033 5124 040530 P 611 00263 LEGAL SRVS-CITY-MH 323.20 MONTHLY RETAINER 100.1401.250.000 103033 5124 040530 P 611 00264 LEGAL SRVS-CITY-SW 3,560.00 MONTHLY RETAINER 100.1401.250.000 103033 5124 040530 P 611 00265 LEGAL SRVS-CITY-SOFTWARE 577.60 MONTHLY RETAINER 100.1401.250.000 103033 5124 040530 P 611 00266 LEGAL SRVS-RDA 657.60 CONTRACTUAL SERVICES 960.5601.250.000 103035 5125 040530 P 611 00267 12,304.44 *VENDOR TOTAL REAL GOODS SOLAR LIVING SOLAR LIVING -MARKETING 862.83 SOLAR LIVING INSTITUTE 965.5616.250.005 103036 1342 038970 P 611 00268 SOLAR LIVING -MARKETING 2,916.17 SOLAR LIVING INSTITUTE 965.5616.250.005 103036 1342 038970 P 611 00269 3,779.00 *VENDOR TOTAL REDWOOD EMPIRE MUNICIPAL NOV11 INSURANCE PREM 13,751.00 CITY CONTRIBUTIONS-DENTA 940.205.601 103037 NONE P 611 00270 NOV11 INSURANCE PREM 2,356.85 CITY CONTRIBUTION-INSURA 940.205.602 103037 NONE P 611 00271 NOV11 INSURANCE PREM 716.49 WORKER'S COMP. EXPENSE 910.1990.340.007 103037 NONE P 611 00272 NOV11 INSURANCE PREM 2,485.35 P/R DEDUCT -LTD 940.200.723 103037 NONE P 611 00273 NOV11 INSURANCE PREM 2,868.00 NON-EMPLOYEE HEALTH INS. 940.200.724 103037 NONE P 611 00274 22,177.69 *VENDOR TOTAL SCHAPMIRE/TYLER UNIFORM ALLOWANCE 247.50 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 103038 REIMBURSEMENT P 611 00275 SEABROOK & ASSOCIATES IN PLAN CHECK SRVS 247.50 CONTRACTUAL SERVICES 100.2201.250.000 103039 10786 040129 P 611 00276 SHN CONSULTING ENGINEERS ANTON STADIUM CM SVCS 1,670.00 ANTON STADIUM CONSTRUCTI 140.6050.930.007 103040 75323 039479 P 611 00277 ANTON STADIUM CM SVCS 807.00 ANTON STADIUM CONSTRUCTI 140.6050.930.007 103041 75610 039479 P 611 00278 2,477.00 *VENDOR TOTAL TAYLOR/TRENT N. UNIFORM ALLOWANCE 62.08 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 103042 REIMBURSEMENT P 611 00279 UNIFORM ALLOWANCE 62.07 UNIFORM ALLOWANCE 678.2040.157.000 103042 REIMBURSEMENT P 611 00280 124.15 *VENDOR TOTAL TOSHIBA BUSINESS SOLUTIO OCT11 COPIER LEASE 294.85 CONTRACTUAL SERVICES 100.1915.250.000 103043 56291273 039896 P 611 00281 OCT11 COPIER LEASE 294.85 CONTRACTUAL SERVICES 100.1915.250.000 103043 56291273 039896 P 611 00282 OCT11 COPIER LEASE 162.17 CAPITAL LEASE PAYMENT 105.2001.255.000 103043 56291273 039896 P 611 00283 OCT11 COPIER LEASE 103.20 COPIER 105.2101.255.005 103043 56291273 039896 P 611 00284 OCT11 COPIER LEASE 14.74 LEASE -PURCHASE COSTS 678.2040.255.000 103043 56291273 039896 P 611 00285 OCT11 COPIER LEASE 14.74 LEASE PURCHASE COSTS 220.4601.255.000 103043 56291273 039896 P 611 00286 OCT11 COPIER LEASE 102.33 CAPITAL LEASE PAYMENT 105.2001.255.000 103043 56291273 039896 P 611 00287 OCT11 COPIER LEASE 65.11 COPIER 105.2101.255.005 103043 56291273 039896 P 611 00288 OCT11 COPIER LEASE 9.30 LEASE -PURCHASE COSTS 678.2040.255.000 103043 56291273 039896 P 611 00289 ACCOUNTS PAYABLE 611 00296 P 10/20/2011 11:32:06 00297 Schedule of BillS Payable 611 00298 FOR A/P 611 VENDOR NAME P 611 00300 DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT TOSHIBA BUSINESS SOLUTIO OCT11 COPIER LEASE 9.30 LEASE PURCHASE COSTS 220.4601.255.000 1,070.59 *VENDOR TOTAL TURF STAR INC SENSOR SWITCH 56.34 EQUIPMENT MAINT & REPAIR 695.6120.302.000 U.S. CELLULAR VOICE CELL PHONES 29.59 TELEPHONE 612.3580.220.000 VOICE CELL PHONES 29.58 TELEPHONE 800.3765.220.000 VOICE CELL PHONES 14.79 TELEPHONE 820.3901.220.000 VOICE CELL PHONES 14.79 TELEPHONE 612.3505.220.000 88.75 *VENDOR TOTAL UKIAH DAILY JOURNAL LEGAL ADS 396.43 LEGAL ADVERTISING 100.1101.232.000 UKIAH DAILY JOURNAL LEGAL/PUBLIC NOTICES 241.28 INFLOW/INFILTRATION 614.3510.811.004 UKIAH VALLEY ASSOCATION SEPT11 JANITORIAL SRVS 365.00 CONTRACTUAL SERVICES 100.3301.250.000 UKIAH VALLEY MEDICAL CEN SEPT11 PHYSICALS 499.69 PHYSICAL EXAMINATIONS 105.2190.690.003 SEPT11 PHYSICALS 114.18 SPECIAL SUPPLIES 100.6001.690.000 613.87 *VENDOR TOTAL USA MOBILITY WIRELESS IN OCT11 PAGER 26.56 CONTRACTUAL SERVICES 105.2080.250.000 VSS SALES INC 10" PUMP REPAIR 1,911.49 EQUIPMENT MAINT & REPAIR 612.3580.302.000 REPAIR 16" PUMP 8,970.00 EQUIPMENT MAINT & REPAIR 612.3580.302.000 16" PUMP REPAIR 2,273.53 EQUIPMENT MAINT & REPAIR 612.3580.302.000 REPAIR 16" PUMP 9,859.99 EQUIPMENT MAINT & REPAIR 612.3580.302.000 23,015.01 *VENDOR TOTAL VWR INTERNATIONAL INC BUFFERS, STIR BARS 369.31 SPECIAL SUPPLIES 612.3580.690.000 LAB SUPPLIES 443.16 SPECIAL SUPPLIES 612.3580.690.000 ITEM RETURNED 21.26CR SPECIAL SUPPLIES 612.3580.690.000 LAB SUPPLIES 23.77 SPECIAL SUPPLIES 612.3580.690.000 814.98 *VENDOR TOTAL WINZLER & KELLY CONSULTI COPPER IMPLEMENT PLAN 3,558.75 COPPER SOURCE & REDUCTIO 612.3580.250.016 SSMP PREP 603.75 CONTRACTUAL SERVICES 612.3505.250.000 4,162.50 *VENDOR TOTAL CITY OF UKIAH GL540R-V07.12 PAGE 10 CLAIM INVOICE 103043 56291273 103044 6727630-00 103049 956161725 103049 956161725 103049 956161725 103049 956161725 103045 ACCT 2117148 103046 2117913 103047 IN10541 103048 26575 103048 26575 103050 U0190493J 102843 017502 102843 017502 102843 017502 102843 017502 102846 47042177 103051 46759372 103052 47132966 103053 46787496 102847 60896 103054 60955 PO# F/P ID LINE 039896 P 611 00290 P 611 00291 P 611 00292 P 611 00293 P 611 00294 P 611 00295 P 611 00296 P 611 00297 040579 P 611 00298 P 611 00299 P 611 00300 P 611 00301 040592 F 611 00302 040592 F 611 00303 040592 F 611 00304 040592 F 611 00305 P 611 00308 P 611 00306 P 611 00309 P 611 00307 040600 P 611 00310 037850 P 611 00311 ACCOUNTS PAYABLE 10/20/2011 11:32:06 VENDOR NAME DESCRIPTION AMOUNT WIPF/ERNEST M. EMRGY EXCAVATING-HIGHLND 4,422.65 SAND & BASE TRUCKING 1,442.28 SAND & BASE TRUCKING 543.84 6,408.77 WOJCIESZAK/DARREN TRAVEL 10/2-10/6/11 80.00 WYVERN RESTAURANTS INC. STAFF MEAL -MOVIE NIGHT 29.58 Schedule of Bills Payable FOR A/P ACCOUNT NAME FUND & ACCOUNT CONTRACTUAL SERVICES 800.3729.250.000 SPECIAL SUPPLIES 612.3510.690.000 WTR SYSTM REPAIR MATERIA 820.3948.690.002 *VENDOR TOTAL CONFERENCE & TRAINING 200.2001.160.000 MOVIES IN THE PLAZA 900.205.235 CITY OF UKIAH GL540R-V07.12 PAGE 11 CLAIM INVOICE 103055 30582 103056 30691 103056 30691 103057 REIMBURSEMENT 103058 02-1650 PO# F/P ID LINE 040621 F 611 00312 P 611 00313 P 611 00314 P 611 00315 P 611 00316 ACCOUNTS PAYABLE CITY OF UKIAH 10/20/2011 11:32:06 Schedule of BillS Payable GL540R-V07.12 PAGE 12 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE REPORT TOTALS: 890,882.24 RECORDS PRINTED - 000316 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bills Payable GL060S-V07.12 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 100 GENERAL FUND 30,507.80 105 MEASURE S GENERAL FUND 17,101.03 140 PARK DEVELOPMENT FUND 349.12 220 PKG. DIST. #1 OPER & MAINT 11.80 250 SPECIAL REVENUE FUND 16,422.37 341 S.T.P. 1,825.00 410 CONFERENCE CENTER FUND 1,901.67 575 GARAGE FUND 449.15 600 AIRPORT FUND 27,065.67 612 CITY/DIST. SEWER FUND 21,313.55 614 SEWER CAPITAL PROJECTS FUND 2,000.00 641 SANITATION DISTRICT SPECIAL 9,855.14 660 SANITARY DISPOSAL SITE FUND 17.66 678 PUBLIC SAFETY DISPATCH FUND 213.66 695 GOLF FUND 40,892.87 696 PURCHASING FUND 183.51 697 BILLING ENTERPRISE FUND 729.10 698 FIXED ASSET FUND 175,832.29 765 CITY RDA PROJECTS 13,151.29 800 ELECTRIC FUND 53,807.65 805 STREET LIGHTING FUND 700.38 806 PUBLIC BENEFITS CHARGES 40,198.46 820 WATER FUND 27,571.74 900 SPECIAL DEPOSIT TRUST FUND 15,467.01 910 WORKER'S COMP FUND 118,077.25 940 PAYROLL POSTING FUND 170,062.97 950 GENERAL SERVICE (ACCTS RECV) 259.35 960 COMMUNITY REDEV. AGENCY FUND 181.58 962 REDEVELOPMENT HOUSING FUND 343.38 965 REDEVELOPMENT CAP IMPR FUND 154.04 975 RUSSIAN RIVER WATERSHED ASSC 33,857.43 TOTAL ALL FUNDS 820,503.92 BANK RECAP: BANK NAME UBOC UNION BANK OF CALIFORNIA TOTAL ALL BANKS DISBURSEMENTS 820,503.92 820,503.92 ACCOUNTS PAYABLE 10/26/2011 16:53:08 Schedule of Bills Payable THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ......... .. . ... .......... .-� r CITY OF UKIAH GL060S-V07.12 RECAPPAGE GL540R ACCOUNTS PAYABLE 10/26/2011 16:53:08 VENDOR NAME DESCRIPTION AFLAC SEC 125 ADMIN FEES SEC 125 ADMIN FEES AFLAC - FLEX ONE UNREIMBURSED MEDICAL UNREIMBURSED MEDICAL AIR BP AVIATION SERVICES JET FUEL 10/2/11 ALPHA ANALYTICAL TESTING SERVICES TESTING SERVICES TESTING SERVICES TESTING SERVICES TESTING SERVICES AMERICAN ASSOC OF MUSEUM MEMBERSHIP DUES AMERICAN LEGION FOOD VOUCHERS/PUMPKINFST AMERICAN WATER WORKS ANNUAL DUES ANTHEM BLUE CROSS NOV11 INSURANCE PREM NOV11 INSURANCE PREM NOV11 INSURANCE PREM AQUA -TECH COMPANY 2.5 RESVR VIDEO INSPECT 1.5 MG RESRVR INSPECT 1.5 MG RESRVR INSPECT .1 MG RESERVOIR INSPECT SIF PRICE TO CLEAN TANK RESERVOIR CLEANING TANK CLEANING ASPLUNDH TREE EXPERT CO TREE TRIMMING W/E 9/24 Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 48.00 CONTRACTUAL SERVICES 100.1601.250.000 77.00 CONTRACTUAL SERVICES 100.1601.250.000 125.00 *VENDOR TOTAL 370.00 MEDICAL & DEPENDANT REIM 940.200.728 99.00 MEDICAL & DEPENDANT REIM 940.200.728 469.00 *VENDOR TOTAL 26,101.32 AVIATION FUELS & LUBRICA 600.5001.451.000 116.00 LAB TESTING SERVICES 612.3580.250.001 143.00 LAB TESTING SERVICES 612.3580.250.001 1,913.00 LAB TESTING SERVICES 612.3580.250.001 602.00 LAB TESTING SERVICES 612.3580.250.001 75.00 CONTRACTUAL SERVICES 820.3908.250.000 2,849.00 *VENDOR TOTAL 210.00 DUES & SUBSCRIPTIONS 100.6150.260.000 43.00 PUMPKINFEST 900.205.219 1,853.00 DUES AND SUBSCRIPTIONS 820.3908.260.000 27,645.04 P/R DEDUCT.- MEDICAL INS 940.200.720 23,227.09 NON-EMPLOYEE HEALTH INS. 940.200.724 109,034.57 CITY CONTRIBUTION-INSURA 940.205.602 159,906.70 *VENDOR TOTAL 665.75 RESERVOIR INSPECTION 820.3908.250.006 665.75 RESERVOIR INSPECTION 820.3908.250.006 665.75 RESERVOIR INSPECTION 820.3908.250.006 665.75 RESERVOIR INSPECTION 820.3908.250.006 5,828.62 RESERVOIR INSPECTION 820.3908.250.006 2,350.00 RESERVOIR INSPECTION 820.3908.250.006 650.00 RESERVOIR INSPECTION 820.3908.250.006 11,491.62 *VENDOR TOTAL 6,099.00 CONTRACTUAL SERVICES 800.3728.250.000 CITY OF UKIAH GL540R-V07.12 PAGE 1 CLAIM INVOICE 103073 977236ER 103073 977236ER 103075 FAX 103075 FAX 103076 6130882 103077 1101011 103078 1101165 103079 1101246 103080 1101279 103081 1101272 103083 MBR ID 21160 103084 NONE 10/10/11 103086 36677 103088 1347612A 103088 1347612A 103088 1347612A 103141 CAL -942 103141 CAL -942 103141 CAL -942 103141 CAL -942 103141 CAL -942 103141 CAL -942 103141 CAL -942 103090 77086211 PO# F/P ID LINE P 637 00001 P 637 00002 P 637 00003 P 637 00004 P 637 00005 P 637 00006 P 637 00007 P 637 00008 P 637 00010 P 637 00009 P 637 00011 P 637 00012 P 637 00013 P 637 00014 P 637 00015 P 637 00016 040325 F 637 00017 040325 F 637 00018 040325 F 637 00019 040325 F 637 00020 040325 F 637 00021 040325 F 637 00022 040325 F 637 00023 039553 P 637 00024 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of BillS Payable GL540R-V07.12 PAGE 2 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE ASPLUNDH TREE EXPERT CO TREE TRIMMING W/E 9/24 53.50 CONTRACTUAL SERVICES 800.3728.250.000 103092 77086411 039553 P 637 00026 TREE TRIMMING W/E 9/24 428.00 CONTRACTUAL SERVICES 800.3728.250.000 103094 77086311 039553 P 637 00025 TREE TRIMMING W/E 10/1 4,815.00 CONTRACTUAL SERVICES 800.3728.250.000 103095 78B04011 039553 P 637 00027 TREE TRIMMING W/E 10/1 428.00 CONTRACTUAL SERVICES 800.3728.250.000 103097 78DO4111 039553 P 637 00028 TREE TRIMMING W/E 10/1 107.00 CONTRACTUAL SERVICES 800.3728.250.000 103098 78B04211 039553 P 637 00029 11,930.50 *VENDOR TOTAL AT&T TELEPHONE 34.37 TELEPHONE 100.1001.220.000 103136 C607317277777 P 637 00030 TELEPHONE 20.61 TELEPHONE 100.1101.220.000 103136 C607317277777 P 637 00031 TELEPHONE 74.33 TELEPHONE 100.1201.220.000 103136 0607317277777 P 637 00032 TELEPHONE 50.51 TELEPHONE 100.1301.220.000 103136 0607317277777 P 637 00033 TELEPHONE 22.84 TELEPHONE 100.1401.220.000 103136 C607317277777 P 637 00034 TELEPHONE 46.73 TELEPHONE 100.1501.220.000 103136 C607317277777 P 637 00035 TELEPHONE 42.29 TELEPHONE 100.1601.220.000 103136 0607317277777 P 637 00036 TELEPHONE 51.80 TELEPHONE 100.1905.220.000 103136 0607317277777 P 637 00037 TELEPHONE 32.98 TELEPHONE 100.1915.220.000 103136 C607317277777 P 637 00038 TELEPHONE 37.82 TELEPHONE 100.1965.220.000 103136 C607317277777 P 637 00039 TELEPHONE 21.22 TELEPHONE 100.2201.220.000 103136 0607317277777 P 637 00040 TELEPHONE 57.60 TELEPHONE 100.3001.220.000 103136 0607317277777 P 637 00041 TELEPHONE 40.69 TELEPHONE 100.3110.220.000 103136 0607317277777 P 637 00042 TELEPHONE 177.51 WIDE AREA NETWORK ACCESS 100.3301.220.000 103136 C607317277777 P 637 00043 TELEPHONE 226.34 TELEPHONE 100.6001.220.000 103136 0607317277777 P 637 00044 TELEPHONE 85.44 TELEPHONE 100.6110.220.000 103136 0607317277777 P 637 00045 TELEPHONE 7.55 TELEPHONE 100.6114.220.000 103136 C607317277777 P 637 00046 TELEPHONE 18.31 TELEPHONE 100.6130.220.000 103136 C607317277777 P 637 00047 TELEPHONE 551.76 TELEPHONE 100.6150.220.000 103136 0607317277777 P 637 00048 TELEPHONE 1,474.38 TELEPHONE 105.2001.220.000 103136 0607317277777 P 637 00049 TELEPHONE 307.07 TELEPHONE 105.2101.220.000 103136 C607317277777 P 637 00050 TELEPHONE 10.86 TELEPHONE 220.4601.220.000 103136 C607317277777 P 637 00051 TELEPHONE 290.25 TELEPHONE 410.6190.220.000 103136 0607317277777 P 637 00052 TELEPHONE 54.93 TELEPHONE 575.5801.220.000 103136 0607317277777 P 637 00053 TELEPHONE 110.56 TELEPHONE 600.5001.220.000 103136 C607317277777 P 637 00054 TELEPHONE 42.34 TELEPHONE 612.3505.220.000 103136 C607317277777 P 637 00055 TELEPHONE 277.75 TELEPHONE 612.3580.220.000 103136 0607317277777 P 637 00056 TELEPHONE 16.72 TELEPHONE 660.3401.220.000 103136 0607317277777 P 637 00057 TELEPHONE 128.92 TELEPHONE 678.2040.220.000 103136 C607317277777 P 637 00058 TELEPHONE 239.21 TELEPHONE 695.6120.220.000 103136 C607317277777 P 637 00059 TELEPHONE 27.41 TELEPHONE 696.1390.220.000 103136 0607317277777 P 637 00060 TELEPHONE 128.25 TELEPHONE 697.1305.220.000 103136 0607317277777 P 637 00061 TELEPHONE 196.73 TELEPHONE 800.3733.220.000 103136 C607317277777 P 637 00062 TELEPHONE 209.03 TELEPHONE 800.5536.220.000 103136 C607317277777 P 637 00063 TELEPHONE 234.90 TELEPHONE 820.3901.220.000 103136 0607317277777 P 637 00064 TELEPHONE 60.73 TELEPHONE 820.3908.220.000 103136 0607317277777 P 637 00065 TELEPHONE 33.14 TELEPHONE 960.5601.220.000 103136 C607317277777 P 637 00066 TELEPHONE 62.00 SOLAR LIVING INSTITUTE 965.5616.250.005 103136 C607317277777 P 637 00067 TELEPHONE 0.29CR TELEPHONE 410.6190.220.000 103136 C607317277777 P 637 00068 5,505.59 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bil1S Payable GL540R-V07.12 PAGE 3 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE AT&T TELEPHONE 105.66 TELEPHONE EXPENSE 641.7402.220.001 103139 707 462-4429 P 637 00069 AT&T DATACOMM SMARTNET RENEWAL 5,402.65 EQUIPMENT MAINT & REPAIR 100.1965.302.000 103140 329-062997 040581 F 637 00070 AT&T MOBILITY VOICE & DATA PHONES 20.49 UTILITIES 612.3510.210.000 103132 875108535 P 637 00080 VOICE & DATA PHONES 14.06 TELEPHONE 820.3908.220.000 103132 875108535 P 637 00081 VOICE & DATA PHONES 7.66 TELEPHONE 820.3908.220.000 103133 832118877 P 637 00072 VOICE & DATA PHONES 22.89 TELEPHONE 800.3733.220.000 103133 832118877 P 637 00073 VOICE & DATA PHONES 6.83 TELEPHONE 820.3901.220.000 103133 832118877 P 637 00074 VOICE & DATA PHONES 13.66 TELEPHONE 612.3505.220.000 103133 832118877 P 637 00075 VOICE & DATA PHONES 17.81 TELEPHONE 600.5001.220.000 103133 832118877 P 637 00076 VOICE & DATA PHONES 6.89 TELEPHONE 678.2040.220.000 103133 832118877 P 637 00077 VOICE & DATA PHONES 7.14 TELEPHONE 820.3908.220.000 103133 832118877 P 637 00078 VOICE & DATA PHONES 48.46 TELEPHONE 100.6130.220.000 103133 832118877 P 637 00079 APN MODEMS 545.40 TELEPHONE 105.2001.220.000 103134 832056361 P 637 00071 711.29 *VENDOR TOTAL BALDRIDGE/SUSAN CLASS-BEG TAI CHI 53.55 RECREATION PROGRAM INCOM 100.0700.521.001 103144 REFUND P 637 00082 BEAMAN/STEVE TRAVEL 11/1-11/4/11 607.06 TRAVEL & CONFERENCE EXPE 800.3650.160.000 103145 ADVANCE P 637 00083 BEST BEST & KRIEGER LLP SEPT11 LEGAL SRVS 147.50 CONTRACTUAL SERVICES 960.5601.250.000 103146 662331 P 637 00084 SEPT11 LEGAL SRVS 343.38 CONTRACTUAL SERVICES 962.5602.250.000 103146 662331 P 637 00085 SEPT11 LEGAL SRVS 92.04 RDA CONSULTANTS 965.5603.250.000 103147 662332 P 637 00086 582.92 *VENDOR TOTAL BIG 5 SPORTS PORT BSKTBALL HOOP 344.79 SUPPLIES 100.6111.690.000 103149 9997177 P 637 00087 BLUEPRINTS & COPIES BLUEPRINTS 155.16 PRINTING & PUBLISHING 696.1390.231.000 103150 47542 P 637 00088 BOTTLE SHOP/THE CHIEF'S MEETING-FOOD 38.54 MEMBERSHIPS & MEETINGS 105.2101.262.000 103151 61367 P 637 00089 BROWN/DON OVERTIME MEALS-EMRGY 53.65 WTR SYSTM REPAIR MATERIA 820.3948.690.002 103153 REIMBURSEMENT P 637 00090 CALIFORNIA BUILDING STAN JUL-SEP11 BSA FEES 157.00 BUILDING STDS ADMIN SPEC 900.205.027 103156 FEE REPORT P 637 00091 JUL-SEP11 BSA FEES 16.00CR MISCELLANEOUS RECEIPTS 100.0900.905.000 103156 FEE REPORT P 637 00092 141.00 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bills Payable GL540R-V07.12 PAGE 4 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE CALIFORNIA CLETS USERS G CCUG TRAINING MTG 30.00 TRAVEL, TRAINING & CONF 678.2040.160.000 103157 REGIST P 637 00093 CALIFORNIA PUBLIC EMPLOY NOV11 HEALTH INSUR 1,462.08 PR DEDUCT-PERS INSURANCE 940.200.729 103154 H2O11110485000 P 637 00094 NOV11 HEALTH INSUR 2,570.54 CITY CONTRIBUTION-INSURA 940.205.602 103154 H2O11110485000 P 637 00095 NOV11 HEALTH INSUR 32.94CR CONTRACTUAL SERVICES 100.1601.250.000 103154 H2O11110485000 P 637 00096 NOV11 HEALTH INSUR 210.46 CONTRACTUAL SERVICES 100.1601.250.000 103154 H2O11110485000 P 637 00097 4,210.14 *VENDOR TOTAL CAMARA/AMADOU CLASSES -DRUM 145.60 CONTRACTUAL SERVICES 100.6120.250.000 103159 INSTRUCTOR P 637 00098 CHASE CARD SERVICES POSTAGE 88.00 POSTAGE/SHIPPING 641.7402.411.001 103160 74627594 P 637 00099 BANKING SERVICES 9.99 CONSULTANT SERVICES 641.7402.250.001 103160 74627594 P 637 00100 PARCEL QUEST 149.95 CONSULTANT SERVICES 641.7402.250.001 103160 74627594 P 637 00101 SOFTWARE UPDATES 69.99 SUPPLIES AND OFFICE EXPE 641.7402.690.001 103160 74627594 P 637 00102 317.93 *VENDOR TOTAL CLARK PEST CONTROL PEST SRVS/CORP YARD 23.75 CONTRACTUAL SERVICES 800.3728.250.000 103164 11-715335 P 637 00113 PEST SRVS/CORP YARD 23.75 CONTRACTUAL SERVICES 800.3729.250.000 103164 11-715335 P 637 00114 PEST SRVS/CORP YARD 23.75 WTR SYSTM REPAIR MATERIA 820.3948.690.002 103164 11-715335 P 637 00115 PEST SRVS/CORP YARD 23.75 SPECIAL SUPPLIES 612.3510.690.000 103164 11-715335 P 637 00116 QTRLY PEST SRV 345.00 CIVIC CENTER M & R 100.1915.301.000 103165 11-548130 P 637 00104 QTRLY PEST SRV 85.00 BUILDING MAINT 100.6150.301.000 103165 11-548130 P 637 00105 QTRLY PEST SRV 50.00 BUILDING MAINTENANCE 695.6120.305.001 103165 11-548130 P 637 00106 QTRLY PEST SRV 60.00 BLDG & GROUNDS MAINTENAN 600.5001.305.000 103165 11-548130 P 637 00107 QTRLY PEST SRV 185.00 BUILDING MAINT & REPAIR 410.6190.301.000 103165 11-548130 P 637 00108 QTRLY PEST SRV 185.00 PEST CONTROL SERVICES 612.3580.250.009 103165 11-548130 P 637 00109 QTRLY PEST SRV 60.00 SPECIAL SUPPLIES 100.6130.690.000 103165 11-548130 P 637 00110 QTRLY PEST SRV 60.00 SPECIAL SUPPLIES 100.6114.690.000 103165 11-548130 P 637 00111 QTRLY PEST SRV 60.00 SPECIAL SUPPLIES 100.6001.690.000 103165 11-548130 P 637 00112 PEST SRVS/HYDRO 74.00 CONTRACTUAL SERVICES 800.5536.250.000 103288 11-737115 P 637 00117 PEST SRVS-WWTP 105.50 PEST CONTROL SERVICES 612.3580.250.009 103289 11-162897452 P 637 00103 1,364.50 *VENDOR TOTAL CLOVER-STORNETTA FARMS I CREAMER 15.36 FOOD & BEVERAGE FOR CLIE 410.6190.690.002 103170 6792164 P 637 00118 COMCAST INTERNET SERVICE 1.15 TELEPHONE 100.1101.220.000 103171 0144635 P 637 00119 INTERNET SERVICE 3.80 TELEPHONE 100.1201.220.000 103171 0144635 P 637 00120 INTERNET SERVICE 4.28 TELEPHONE 100.1301.220.000 103171 0144635 P 637 00121 INTERNET SERVICE 3.80 TELEPHONE 100.1501.220.000 103171 0144635 P 637 00122 INTERNET SERVICE 1.89 TELEPHONE 100.1601.220.000 103171 0144635 P 637 00123 INTERNET SERVICE 2.85 TELEPHONE 100.1905.220.000 103171 0144635 P 637 00124 INTERNET SERVICE 3.80 TELEPHONE 100.1965.220.000 103171 0144635 P 637 00125 INTERNET SERVICE 23.78 TELEPHONE 105.2001.220.000 103171 0144635 P 637 00126 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bil1S Payable GL540R-V07.12 PAGE 5 FOR A/P VENDOR NAME DESCRIPTION COMCAST INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE INTERNET SERVICE CRAWFORD/STEVEN C. BANNERS CUES CABLE DANIEL STEEL & MACHINE I WELD FUEL TANK DAY -TIMERS CALENDAR REFILL DEPARTMENT OF CONSERVATI JUL-SEP11 SMIP TAX JUL-SEP11 SMIP TAX DRESS/ROBERT L. SEWER LATERAL GRANT EBA ENGINEERING CORP YARD UST PROJECT EFFICIENCY SERVICES GROU KEEP YOUR COOL PROG AMOUNT ACCOUNT NAME 10.46 0.94 3.80 0.94 0.47 2.85 2.85 0.94 1.89 1.89 0.94 0.94 2.85 0.47 0.94 9.04 6.66 2.85 1.89 0.94 99.90 151.93 530.10 TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE *VENDOR TOTAL PROTECTIVE CLOTHING VEHICLE REPAIR & MAINT FUND & ACCOUNT 105.2101.220.000 100.2201.220.000 100.3001.220.000 100.3110.220.000 100.6001.220.000 100.6110.220.000 100.6150.220.000 220.4601.220.000 410.6190.220.000 600.5001.220.000 612.3580.220.000 660.3401.220.000 678.2040.220.000 695.6120.220.000 696.1390.220.000 697.1305.220.000 800.3733.220.000 820.3901.220.000 820.3908.220.000 960.5601.220.000 105.2190.690.002 612.3510.303.000 40.00 VEHICLE REPAIR & MAINTEN 100.3110.303.000 52.77 OFFICE SUPPLIES 105.2101.690.014 406.50 STRONG MOTION INSTR. PRO 900.205.005 20.32CR STRONG MOTION ED. SET AS 900.205.006 386.18 *VENDOR TOTAL 2,000.00 CITY SEWER LATERAL GRANT 614.3510.250.810 16,422.37 UST REIMBURSABLE EXPENSE 250.3301.250.000 31,559.50 ENERGY CONSERVATION PROG 806.3765.250.005 CLAIM INVOICE 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103171 0144635 103172 2011363 103173 353734 103174 6056 103175 60951663 103177 FEE REPORT 103177 FEE REPORT 103179 P-081 103181 23028 103183 1639 PO# F/P ID LINE 637 00127 637 00128 637 00129 637 00130 637 00131 637 00132 637 00133 637 00134 637 00135 637 00136 637 00137 637 00138 637 00139 637 00140 637 00141 637 00142 637 00143 637 00144 637 00145 637 00146 P 637 00147 P 637 00148 P 637 00149 P 637 00150 P 637 00151 P 637 00152 P 637 00153 038696 P 637 00154 037118 P 637 00155 ACCOUNTS PAYABLE 10/26/2011 16:53:08 VENDOR NAME DESCRIPTION FARWEST LINE SPECIALTIES BLANKET PINS DIST USE TAX FELIX/OSCAR UTILITY REFUND FULWIDER OUTDOOR POWER E FILTERS G.I. JOE'S ARMY -NAVY CARHARTT JACKET GAYA CONSULTING LLC/D.B. PAINTING/COATING INSPECT GENERAL PACIFIC INC. 37.5 KVA TRANSFORMER 225 KVA TRANSFORMER 1000 KVA TRANSFORMER 25KVA TRANSFORMER 37.5 KVA TRANSFORMER GILMORE/KRISTIN M CATERING -NAPA AUTO GRANDI/MEL SEPT11 MILEAGE ANNUAL NCPA CONF GRANITE CONSTRUCTION COM ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT ROCK/SAND/ASPHALT GREEN VALLEY CONSULTING DESIGN GOBBI ST REHAB GROENIGER & CO. PRICE ADJ & RETURN Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 381.94 SPECIAL SUPPLIES 800.3728.690.000 1.67CR DISTRICT USE TAX LIABILI 900.205.237 380.27 *VENDOR TOTAL 61.61 UTILITY CREDIT BAL CLEAR 950.115.101 96.59 VEHICLE REPAIR & MAINTEN 600.5001.303.000 73.41 TRAINING MAT & SAFETY SU 612.3580.690.002 6,012.00 CONTRACTUAL SERVICES 612.3580.250.000 1,160.38 INVENTORY - PURCHASES 800.131.002 8,835.47 INVENTORY - PURCHASES 800.131.002 17,589.21 INVENTORY - PURCHASES 800.131.002 2,582.67 INVENTORY - PURCHASES 800.131.002 2,320.76 INVENTORY - PURCHASES 800.131.002 32,488.49 *VENDOR TOTAL 331.87 FOOD & BEVERAGE FOR CLIE 410.6190.690.002 233.66 TRAVEL & CONFERENCE EXPE 800.3733.160.000 1,905.30 TRAVEL & CONFERENCE EXPE 800.3733.160.000 2,138.96 *VENDOR TOTAL 438.22 AGGREGATE BASE 100.3110.690.002 242.93 SPECIAL SUPPLIES 612.3510.690.000 460.58 SPECIAL SUPPLIES 612.3510.690.000 225.96 SPECIAL SUPPLIES 612.3510.690.000 1,033.47 WTR SYSTM REPAIR MATERIA 820.3948.690.002 2,162.48 ASPHALT CONCRETE 100.3110.690.001 349.12 ANTON STADIUM CONSTRUCTI 140.6050.930.007 4,912.76 *VENDOR TOTAL 1,825.00 GOBBI STREET PROJECT 341.9656.930.000 80.97CR INVENTORY - PURCHASES 820.131.002 CITY OF UKIAH GL540R-V07.12 PAGE 6 CLAIM INVOICE 103187 113619 103187 113619 103068 103611-0 103188 8018497 103189 145890 103192 1133507 103193 1133481 103193 1133481 103194 1133480 103194 1133480 103195 110901 103196 REIMBURSEMENT 103197 REIMBURSEMENT 103198 134664 103199 134711 103200 134712 103201 134762 103202 134917 103203 135117 103204 134986 103205 2011-861 103206 5055649-00 PO# F/P ID LINE P 637 00156 P 637 00157 P 637 00158 P 637 00159 P 637 00160 040658 P 637 00161 040513 P 637 00166 040513 P 637 00164 040513 P 637 00165 040513 F 637 00162 040513 F 637 00163 P 637 00167 P 637 00168 P 637 00169 P 637 00170 P 637 00171 P 637 00172 P 637 00173 P 637 00174 P 637 00176 P 637 00175 040049 P 637 00177 P 637 00187 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bills Payable GL540R-V07.12 PAGE 7 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE GROENIGER & CO. REPAIR COUPLING 354.85 INVENTORY - PURCHASES 820.131.002 103207 5054013-00 P 637 00180 6" FLEX CPLG 526.51 INVENTORY - PURCHASES 820.131.002 103208 5054347-00 040613 F 637 00181 4" FLEX CPLG 298.04 INVENTORY - PURCHASES 820.131.002 103208 5054347-00 040613 F 637 00182 4" FLEX CPLG 298.04 INVENTORY - PURCHASES 820.131.002 103208 5054347-00 040613 F 637 00183 COUPLING 48.64 INVENTORY - PURCHASES 820.131.002 103208 5054347-00 P 637 00184 4" ELBOW 104.73 INVENTORY - PURCHASES 820.131.002 103209 5054349-00 040613 P 637 00185 4" ELBOW 113.78 INVENTORY - PURCHASES 820.131.002 103209 5054349-00 040613 P 637 00186 PVC SEWER GASKETS 413.50 INVENTORY - PURCHASES 820.131.002 103210 1047062-00 P 637 00179 METER COUPLING 45.38 INVENTORY - PURCHASES 820.131.002 103211 1047061-00 000003 P 637 00178 2,122.50 *VENDOR TOTAL HACH COMPANY REPAIR TURBIDIMETER 390.33 SPECIAL SUPPLIES 612.3580.690.000 103212 7437640 P 637 00188 HARTFORD RETIREE PREMIUM NOV11 RETIREE INSUR 3,089.87 NON-EMPLOYEE HEALTH INS. 940.200.724 103213 50011-NOV P 637 00189 HAWKINS TRAFFIC SAFETY S NO PARKING SIGNS 85.58 WTR SYSTM REPAIR MATERIA 820.3948.690.002 103214 13648 P 637 00190 NO PARKING SIGNS 85.58 SPECIAL SUPPLIES 612.3510.690.000 103214 13648 P 637 00191 171.16 *VENDOR TOTAL HD SUPPLY UTILITIES LTD 200A FUSE CUTOUT 1,955.27 INVENTORY - PURCHASES 800.131.002 103215 1729562-01 040310 F 637 00192 LED LIGHT FIXTURE 700.38 SUPPLIES 805.4001.690.000 103216 1789713-00 P 637 00193 2,655.65 *VENDOR TOTAL HD SUPPLY UTILITIES LTD CONNECTORS 818.90 INVENTORY - PURCHASES 800.131.002 103217 1831801-00 P 637 00194 HOME DEPOT CREDIT SERVIC PLANTS 8.58 SPECIAL SUPPLIES 410.6190.690.000 103218 0266 3150 P 637 00195 HUB INTERNATIONAL SEPT11 EVENT INSURANCE 252.04 INSURANCE SERVICES 410.0900.513.016 103219 UKIAHOO-01 P 637 00196 IBEW, LOCAL 1245 OCT11 UNION DUES 1,196.78 P/R DEDUCT.-UNION DUES 940.200.709 103220 NONE P 637 00197 IKON OFFICE SOLUTIONS TONER 246.21 SPECIAL SUPPLIES 100.1201.690.000 103221 1031182478 P 637 00198 JONES/R. EMMETT MGMT ADVISORY SVCS 3,150.00 RECRUITMENT & RETENTION 100.1201.250.001 103222 STATEMENT 10/7 039925 P 637 00199 LANDIS/MARY ANNE TRAVEL 10/16/11 21.06 TRAVEL & CONFERENCE EXPE 100.1001.160.000 103223 REIMBURSEMENT P 637 00200 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bills Payable GL540R-V07.12 PAGE 8 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE LINCOLN EQUIPMENT INC PUMP 652.83 EQUIPMENT MAINT & REPAIR 100.6130.302.000 103224 SI173689 P 637 00201 MARTIN/RICHARD SWITCH 67.00 SMALL TOOLS 612.3510.440.000 103225 14915 P 637 00202 MATHESON TRI -GAS INC WELDING SUPPLIES 91.05 SPECIAL SUPPLIES 575.5801.690.000 103226 3300341 P 637 00204 TANK RENTAL 21.50 SPECIAL SUPPLIES 800.3642.690.000 103227 3242329 P 637 00203 112.55 *VENDOR TOTAL MENDOCINO COUNTY SEPT11 PARKING SUR -CO 549.00 COUNTY SURCHG, PKG ENFOR 900.205.070 103228 NONE P 637 00205 SEPT11 PARKING SUR -ST 1,647.00 COUNTY SURCHG, PKG ENFOR 900.205.070 103228 NONE P 637 00206 2,196.00 *VENDOR TOTAL MIRACLE PLAYSYSTEMS INC SLIDE SECTION 1,107.99 PLAYGRD MAINT & PARK AME 100.6001.302.005 103229 9427 040616 F 637 00207 FREIGHT 197.12 PLAYGRD MAINT & PARK AME 100.6001.302.005 103229 9427 040616 F 637 00208 1,305.11 *VENDOR TOTAL MYERS/RON D CONSULTING -PUB SFTY 1,400.00 OPERATIONAL SUPPLIES 105.2101.690.001 103230 NONE 10/8/11 040654 F 637 00209 NAPA AUTO PARTS-UKIAH VEHICLE PARTS/SUPPL 114.77 VEHICLE REPAIR & MAINTEN 100.3110.303.000 103231 ACCT 21310124 P 637 00210 VEHICLE PARTS/SUPPL 181.93 EQUIPMENT MAINT & REPAIR 100.6001.302.000 103231 ACCT 21310124 P 637 00211 VEHICLE PARTS/SUPPL 167.94 VEHICLE REPAIR & MAINTEN 100.6001.303.000 103231 ACCT 21310124 P 637 00212 VEHICLE PARTS/SUPPL 11.20 GARAGE VEHICLE MAINT COS 105.2001.303.000 103231 ACCT 21310124 P 637 00213 VEHICLE PARTS/SUPPL 6.78 R & M NON -AUTO FIRE EQUI 105.2101.302.001 103231 ACCT 21310124 P 637 00214 VEHICLE PARTS/SUPPL 43.08 EQUIPMENT PARTS FOR RESA 575.5801.431.000 103231 ACCT 21310124 P 637 00215 VEHICLE PARTS/SUPPL 35.85 SMALL TOOLS 575.5801.440.000 103231 ACCT 21310124 P 637 00216 VEHICLE PARTS/SUPPL 12.26 SPECIAL SUPPLIES 575.5801.690.000 103231 ACCT 21310124 P 637 00217 VEHICLE PARTS/SUPPL 145.60 VEHICLE REPAIR & MAINT 612.3510.303.000 103231 ACCT 21310124 P 637 00218 VEHICLE PARTS/SUPPL 83.73 VEHICLE REPAIR & MAINTEN 612.3580.303.000 103231 ACCT 21310124 P 637 00219 VEHICLE PARTS/SUPPL 13.78 SMALL TOOLS 612.3580.440.000 103231 ACCT 21310124 P 637 00220 VEHICLE PARTS/SUPPL 65.44 EQUIPMENT MAINT & REPAIR 695.6120.302.000 103231 ACCT 21310124 P 637 00221 VEHICLE PARTS/SUPPL 632.42 VEHICLE REPAIR & MAINTEN 695.6120.303.000 103231 ACCT 21310124 P 637 00222 VEHICLE PARTS/SUPPL 81.20CR SPECIAL SUPPLIES 800.3642.690.000 103231 ACCT 21310124 P 637 00223 VEHICLE PARTS/SUPPL 11.29 VEHICLE REPAIR & MAINTEN 800.3765.303.000 103231 ACCT 21310124 P 637 00224 VEHICLE PARTS/SUPPL 22.60 SMALL TOOLS 820.3908.440.000 103231 ACCT 21310124 P 637 00225 VEHICLE PARTS/SUPPL 15.74 SPECIAL SUPPLIES 820.3908.690.000 103231 ACCT 21310124 P 637 00226 1,483.21 *VENDOR TOTAL NATIONAL COLLABORATIVE F MEMBERHSHIP DUES 100.00 DUES & SUBSCRIPTIONS 100.6150.260.000 103232 RENEW FORM P 637 00227 NATIONAL METER & AUTOMAT 5/8 METER 2,792.88 INVENTORY - PURCHASES 820.131.002 103233 S1035060.001 040627 F 637 00228 SHIPPING 82.53 INVENTORY - PURCHASES 820.131.002 103233 51035060.001 040627 F 637 00229 ACCOUNTS PAYABLE 10/26/2011 16:53:08 VENDOR NAME DESCRIPTION NATIONAL METER & AUTOMAT NEWELL/JAN CR & COLLECTION BOOKS NORTH COAST ENERGY SRVS PV REBATE -B BERNDT NORTH STATE STREET INVES NOV11 OFFICE RENT ONE SOURCE DISTRIBUTORS TAPE OPERATING ENGINEERS UNIO OCT11 UNION DUES OROZCO/JUAN V TRANSLATION SRVS PAC -VAN INC MOBILE OFFICE RENT MOBILE OFFICE RENT MOBILE OFFICE RENT PENNY'S TROPHIES RIBBONS & PLAQUES PERKOWSKI/ROBERT M PARKAS PINTANE/RICK UNIFORM ALLOWANCE PITNEY BOWES INC JUL-SEPT11 EQUIP MAINT POLYDYNE INC CLARIFLOC CLARIFLOC PORTER/TRACEY 3 LUNCHES, 11/8/11 PORTER/VIRGINIA SEPT11 RRWA EXEC DIR SEPT11 RRWA EXEC DIR Schedule of Bills Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 2,875.41 *VENDOR TOTAL 530.56 SPECIAL SUPPLIES 697.1305.690.000 4,683.96 PHOTOVOLTAIC RATES/INCEN 806.3765.250.006 612.00 OFFICE LEASE 641.7402.330.001 128.87 INVENTORY - PURCHASES 800.131.002 1,368.00 P/R DEDUCT. -UNION DUES 940.200.709 61.25 SPECIAL SUPPLIES 697.1305.690.000 134.10 CONTRACTUAL SERVICES 100.3110.250.000 67.06 CONTRACTUAL SERVICES 820.3901.250.000 67.06 CONTRACTUAL SERVICES 612.3505.250.000 268.22 *VENDOR TOTAL 565.20 PUMPKINFEST 900.205.219 219.81 SAFETY 100.3110.690.010 30.17 UNIFORM ALLOWANCE (FD/PD 105.2001.157.000 145.47 CONTRACTUAL SERVICES 410.6190.250.000 4,148.38 CHEMICAL SUPPLIES 612.3580.520.000 2,750.86 CHEMICAL SUPPLIES 612.3580.520.000 6,899.24 *VENDOR TOTAL 45.00 TRAVEL, TRAINING & CONF 678.2040.160.000 10,118.53 EXECUTIVE DIRECTOR SERVI 975.4750.250.100 6,595.61 GENERAL BENEFIT PROJECTS 975.4750.250.200 CITY OF UKIAH GL540R-V07.12 PAGE 9 CLAIM INVOICE 103234 REIMBURSEMENT 103190 61701-9 103235 LEASE 103237 53625107.001 103238 1110-1 103240 NONE 9/13/11 103241 PSI -1305881 103241 PSI -1305881 103241 PSI -1305881 103243 801330 103245 9768 103246 REIMBURSEMENT 103248 435632 103249 636909 103251 636651 103254 ADVANCE 103252 3 103252 3 PO# F/P ID LINE P 637 00230 P 637 00231 P 637 00232 P 637 00233 P 637 00234 P 637 00235 P 637 00236 P 637 00237 P 637 00238 P 637 00239 P 637 00240 P 637 00241 P 637 00242 P 637 00244 P 637 00243 P 637 00245 P 637 00246 P 637 00247 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bills Payable GL540R-V07.12 PAGE 10 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE PORTER/VIRGINIA SEPT11 RRWA EXEC DIR 17,143.29 SPECIAL BENEFIT PROJECTS 975.4750.250.300 103252 3 P 637 00248 33,857.43 *VENDOR TOTAL PRIMEAU/ROBERT UTILITY REFUND 150.00 UTILITY CREDIT BAL CLEAR 950.115.101 103069 1047101-1 P 637 00249 RAMOS/SIMON FOOD VOUCHERS-PUMPKINFST 416.50 PUMPKINFEST 900.205.219 103257 NONE P 637 00250 REDWOOD COAST FUELS SEPT11 CARDLOCK FUEL 5,192.80 FUELS & LUBRICANTS 105.2001.450.000 103258 9003 P 637 00258 SEPT11 CARDLOCK FUEL 1,756.29 FUELS & LUBRICANTS 105.2101.450.000 103259 9004 P 637 00259 SEPT11 CARDLOCK FUEL 2,050.07 FUELS & LUBRICANTS 800.3765.450.000 103260 9005 P 637 00260 SEPT11 CARDLOCK FUEL 1,987.77 FUELS & LUBRICANTS 100.3110.450.000 103261 9006 P 637 00261 SEPT11 CARDLOCK FUEL 688.52 FUELS & LUBRICANTS 100.1915.450.000 103262 9010 P 637 00262 SEPT11 CARDLOCK FUEL 767.97 FUELS & LUBRICANTS 105.2080.450.000 103263 9011 P 637 00263 SEPT11 CARDLOCK FUEL 38.09 FUELS & LUBRICANTS 100.3001.450.000 103264 9013 P 637 00264 SEPT11 CARDLOCK FUEL 1,114.41 FUELS & LUBRICANTS 820.3948.450.000 103265 9014 P 637 00265 SEPT11 CARDLOCK FUEL 82.60 FUELS & LUBRICANTS 105.2001.450.000 103266 9016 P 637 00266 SEPT11 CARDLOCK FUEL 39.30 FUEL PURCHASES - GARAGE 575.5801.450.001 103267 9018 P 637 00267 SEPT11 CARDLOCK FUEL 1,996.12 FUELS & LUBRICANTS 100.6001.450.000 103268 9019 P 637 00268 SEPT11 CARDLOCK FUEL 878.62 FUELS & LUBRICANTS 695.6120.450.000 103269 9021 P 637 00269 SEPT11 CARDLOCK FUEL 679.00 FUELS & LUBRICANTS 612.3510.450.000 103270 9052 P 637 00270 SEPT11 CARDLOCK FUEL 213.10 LUBRICANTS 612.3580.450.000 103271 10590 P 637 00251 SEPT11 CARDLOCK FUEL 695.29 FUELS & LUBRICANTS 820.3908.450.000 103272 10652 P 637 00252 SEPT11 CARDLOCK FUEL 171.08 FUELS & LUBRICANTS 105.2001.450.000 103273 10897 P 637 00253 SEPT11 CARDLOCK FUEL 32.57 FUELS & LUBRICANTS 820.3960.450.000 103274 10956 P 637 00254 UNLEADED 795.07 FUELS & LUBRICANTS 600.5001.450.000 103275 19011 P 637 00256 UNLEADED 905.55 FUELS & LUBRICANTS 600.5001.450.000 103276 24584 P 637 00257 PROPANE 25.43 FUELS & LUBRICANTS 100.1915.450.000 103277 1565613 P 637 00255 20,109.65 *VENDOR TOTAL REDWOOD EMPIRE AIKIKAI CLASSES -AIKIDO 189.00 CONTRACTUAL SERVICES 100.6120.250.000 103278 INSTRUCTOR P 637 00271 REDWOOD EMPIRE MUNICIPAL 11/12 WORKERS COMP PREM 118,077.25 WORKER'S COMP. EXPENSE 910.1990.340.007 103279 NONE P 637 00272 REDWOOD TOXICOLOGY LAB I SEPT11 TOX SCREENING 325.25 CHEMICAL TESTS FOR DUI'S 105.2001.250.017 103280 169820119 P 637 00273 REPUBLIC ITS INC TRAF SIGNAL REPAIR 269.78 CONTRACTUAL SERVICES 100.3150.250.000 103281 RR -117259 P 637 00274 RING PACIFIC, INC. CARDLOCK FUEL 10/1-10/16 666.24 FUELS & LUBRICANTS 612.3510.450.000 103282 C128664 P 637 00275 CARDLOCK FUEL 10/1-10/16 379.85 FUELS & LUBRICANTS 820.3948.450.000 103283 0128867 P 637 00276 1,046.09 *VENDOR TOTAL ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of BillS Payable GL540R-V07.12 PAGE 11 FOR A/P VENDOR NAME DESCRIPTION ROTO -ROOTER OF MENDOCINO PLUMBING REPAIR SANGIACOMO/SAGE NCPA 2011 ANNUAL CONF SCHENCK/MARVIN DOCUMENTARIES SIERRA CHEMICAL CHLORINE 150# CYLINDER DEPOSIT 150# CHLORINE 1 TON CHLORINE 150# CYLINDER DEPOSIT 1 TON CYLINDER DEPOSIT 150# DEPOSIT RETURNS 1 TON DEPOSIT RETURNS AMOUNT ACCOUNT NAME FUND & ACCOUNT 261.55 BUILDING MAINTENANCE 695.6120.305.001 488.78 TRAVEL & CONFERENCE EXPE 800.3733.160.000 43.02 SPECIAL SUPPLIES 100.6150.690.000 CLAIM INVOICE 103284 47960 103127 REIMBURSEMENT 103128 REIMBURSEMENT 159.00CR CHEMICALS 820.3908.520.000 103129 68066 150.00CR DEPOSITS(CHLORINE CYLIND 820.121.001 103130 68029 974.03 CHEMICALS 118899 820.3908.520.000 103131 224938 816.60 CHEMICALS 820.3908.520.000 103131 224938 900.00 DEPOSITS(CHLORINE CYLIND 820.121.001 103131 224938 1,000.00 DEPOSITS(CHLORINE CYLIND 820.121.001 103131 224938 750.00CR DEPOSITS(CHLORINE CYLIND 820.121.001 103135 68033 1,000.00CR DEPOSITS(CHLORINE CYLIND 820.121.001 103135 68033 1,631.63 *VENDOR TOTAL EUET 31-000044 P 637 00290 PO# F/P ID LINE P 637 00277 P 637 00278 P 637 00279 P 637 00287 P 637 00284 P 637 00280 P 637 00281 P 637 00282 P 637 00283 P 637 00285 P 637 00286 SPORT CHRYSLER JEEP DODG PARTS 34.59 VEHICLE MAINT. & REPAIRS 820.3948.303.000 103137 118899 P 637 00288 ST MARY OF THE ANGELS COMM LIGHTING REBATE 3,955.00 ENERGY CONSERVATION PROG 806.3765.250.005 103089 16201-0 P 637 00289 STATE BOARD OF EQUALIZAT JUL-SEPT11 ELEC ENERGY 9,041.00 ELECTRIC SURCHARGE TRUST 900.205.009 103138 EUET 31-000044 P 637 00290 STATE BOARD OF EQUALIZAT JUL-SEPT11 SALES/USE TAX 1,153.92 STATE USE TAX LIABILITY 900.205.013 103142 SRJHE27-028900 P 637 00291 JUL-SEPT11 SALES/USE TAX 120.12 DISTRICT USE TAX LIABILI 900.205.237 103142 SRJHE27-028900 P 637 00292 JUL-SEPT11 SALES/USE TAX 1,083.04CR AVIATION FUELS & LUBRICA 600.5001.451.000 103142 SRJHE27-028900 P 637 00293 191.00 *VENDOR TOTAL STEELY/KENNETH J. SOUND SVCS/PUMPKINFEST 1,000.00 PUMPKINFEST 900.205.219 103143 20111015-A P 637 00294 TAYMAN PARK GOLF GROUP I CLASSES -GOLF 354.90 CONTRACTUAL SERVICES 100.6120.250.000 103148 INSTRUCTOR P 637 00296 SEPT11 GOLF MGMT 38,487.98 PRO CONTRACT REIMBURSEME 695.6120.250.001 103152 CONTRACT P 637 00295 38,842.88 *VENDOR TOTAL TIRE DISTRIBUTION SYSTEM TIRES/TIRE REPAIR 175.22 AUTO REPAIR & MAINTENANC 100.1915.303.000 103290 ACCT #191658 P 637 00297 TIRES/TIRE REPAIR 150.86 VEHICLE REPAIR & MAINTEN 100.6001.303.000 103290 ACCT #191658 P 637 00298 TIRES/TIRE REPAIR 956.15 GARAGE VEHICLE MAINT COS 105.2001.303.000 103290 ACCT #191658 P 637 00299 TIRES/TIRE REPAIR 1,024.09 AMBULANCES 105.2101.303.002 103290 ACCT #191658 P 637 00300 TIRES/TIRE REPAIR 430.72 VEHICLE REPAIR & MAINT 612.3510.303.000 103290 ACCT #191658 P 637 00301 TIRES/TIRE REPAIR 79.75 EQUIPMENT MAINT & REPAIR 695.6120.302.000 103290 ACCT #191658 P 637 00302 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bills Payable GL540R-V07.12 PAGE 12 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE TIRE DISTRIBUTION SYSTEM TIRES/TIRE REPAIR 197.43 VEHICLE REPAIR & MAINTEN 695.6120.303.000 103290 ACCT #191658 P 637 00303 DIST USE TAX 3.48CR DISTRICT USE TAX LIABILI 900.205.237 103290 ACCT #191658 P 637 00304 3,010.74 *VENDOR TOTAL TRACTOR SUPPLY CREDIT PL CASTERS 64.61 CIVIC CENTER M & R 100.1915.301.000 103155 ACCT 02859664 P 637 00305 GAS CANS 17.24 SPECIAL SUPPLIES 100.3110.690.000 103155 ACCT 02859664 P 637 00306 DOG FOOD -DAISY 32.31 K-9 OPERATIONS 105.2001.690.010 103155 ACCT 02859664 P 637 00307 COUPLER PIN/CHAIN 13.99 SPECIAL SUPPLIES 800.3642.690.000 103155 ACCT 02859664 P 637 00308 128.15 *VENDOR TOTAL TRINITY YOUTH SERVICES UTILITIES -GYM LEASE 213.30 UTILITIES 100.6110.210.000 103158 018COU P 637 00309 TYLER TECHNOLOGIES INC ERP SOFTWARE 21,512.29 EQUIPMENT 698.1301.800.000 103161 55136 040670 P 637 00313 ERP SOFTWARE 48,690.00 EQUIPMENT 698.1301.800.000 103162 55122 040670 P 637 00310 ERP SOFTWARE 97,380.00 EQUIPMENT 698.1301.800.000 103163 55123 040670 P 637 00311 ERP SOFTWARE 8,250.00 EQUIPMENT 698.1301.800.000 103163 55123 040670 P 637 00312 175,832.29 *VENDOR TOTAL UKIAH OXYGEN DUPLICATE PAYMENT 220.98CR EQUIPMENT MAINT & REPAIR 410.6190.302.000 103166 376412 P 637 00314 FIRE EXT SVC/PARTS 343.42 SAFETY MATERIALS & SUPPL 820.3908.690.003 103167 377086 P 637 00315 FIRE EXT SVC/PARTS 172.68 EQUIPMENT PARTS FOR RESA 575.5801.431.000 103168 377106 P 637 00316 FIRE EXT SVC/PARTS 583.76 CONTRACTUAL SERVICES 612.3580.250.000 103169 377112 P 637 00317 878.88 *VENDOR TOTAL UKIAH PAPER SUPPLY JANITORIAL SUPPLIES 59.92 SPECIAL SUPPLIES 600.5001.690.000 103176 I384259 P 637 00318 JANITORIAL SUPPLIES 140.38 PUMPKINFEST 900.205.219 103178 384407 P 637 00324 JANITORIAL SUPPLIES 716.40 SPECIAL SUPPLIES 100.6001.690.000 103180 I384389 P 637 00319 JANITORIAL SUPPLIES 327.40 SPECIAL SUPPLIES 410.6190.690.000 103182 I384639 P 637 00320 JANITORIAL SUPPLIES 296.42 SPECIAL SUPPLIES 800.3733.690.000 103184 I384687 P 637 00323 JANITORIAL SUPPLIES 252.86 SPECIAL SUPPLIES 100.6001.690.000 103185 I384683 P 637 00321 JANITORIAL SUPPLIES 252.86 PUMPKINFEST 900.205.219 103185 I384683 P 637 00322 2,046.24 *VENDOR TOTAL UKIAH VALLEY SANITATION DISTRICT PAYROLL 8,819.55 SALARIES, REGULAR 641.7402.110.000 103244 P/P #41 P 637 00325 UNITED ROTARY BRUSH CORP SWEEPER SUPP 988.93 VEHICLE REPAIR & MAINTEN 100.3110.303.000 103186 CI123283 P 637 00326 USA BLUEBOOK REAGENT 234.58 LAB TEST SUPPLIES & WTR 820.3908.690.002 103236 504203 P 637 00328 TUBING, FITTINGS 393.59 EQUIPMENT MAINT & REPAIR 820.3908.302.000 103239 500194 P 637 00327 ACCOUNTS PAYABLE 10/26/2011 16:53:08 VENDOR NAME DESCRIPTION USA BLUEBOOK BALL VALVES VALLEY AUTO CENTER INC FILTER VERTEOURI/JERRY UTILITY REFUND WAGNER & BONSIGNORE ENGINEERING SERVICES WAVING AT YOU.COM USA & CALIFORNIA FLAGS WESTON SOLUTIONS INC CLEAN-UP AT RR DEPOT WITTMAN ENTERPRISES, LLC SEPT11 AMBULANCE BILLING XEROX CORPORATION SEPT11 COPY MACHINE YOGA MENDOCINO CLASSES -YOGA ZAB ENTERPRISES INC FOOD/BEVERAGES Schedule of BillS Payable FOR A/P AMOUNT ACCOUNT NAME FUND & ACCOUNT 217.22 WTR TREATMT PARTS/MATERI 820.3908.302.001 845.39 *VENDOR TOTAL 00329 7.20 GARAGE VEHICLE MAINT COS 105.2001.303.000 47.74 UTILITY CREDIT BAL CLEAR 950.115.101 2,439.15 CONTRACTUAL SERVICES 820.3901.250.000 387.90 SPECIAL SUPPLIES 100.1915.690.000 13,151.29 INFRASTRUCTURE 765.5617.930.000 2,732.81 AMBULANCE BILLING 105.2101.250.007 168.77 LEASE -PURCHASE COSTS 410.6190.255.000 4,277.70 CONTRACTUAL SERVICES 100.6120.250.000 396.31 FOOD & BEVERAGE FOR CLIE 410.6190.690.002 CITY OF UKIAH GL540R-V07.12 PAGE 13 CLAIM INVOICE PO# F/P ID LINE 103242 506708 P 637 00329 103247 ACCT 44700 P 637 00330 103072 104158-1 P 637 00331 103250 10-11-2110.0 040116 P 637 00332 103253 93704 P 637 00333 103255 OCT2011-01833 040620 P 637 00334 103256 11944 P 637 00335 103285 57056214 P 637 00336 103286 INSTRUCTOR P 637 00337 103287 STATEMENT P 637 00338 ACCOUNTS PAYABLE CITY OF UKIAH 10/26/2011 16:53:08 Schedule of Bil1S Payable GL540R-V07.12 PAGE 14 FOR A/P VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE REPORT TOTALS: 820,503.92 RECORDS PRINTED - 000338 ITEM NO.. MEETING DATE: city of 'ZIkiah AGENDA SUMMARY REPORT 7b November 16, 2011 SUBJECT: APPROVE BUDGET AMENDMENT FOR SKATE PARK PROJECT TO PROVIDE FOR EXPENDITURES IN FISCAL YEAR 2011-2012. Background: For fiscal year 2011-12, no budget was prepared at budget adoption as it was anticipated that final completion of the park would have been completed by June 2011. There is a fund balance of $19,241 available for expenditures. Discussion: Expenditures expected for this fiscal year comprise the following items: design and construct the donor wall, finish concession stand amenities, and finalize landscaping. Fiscal Impact: Budgeted FY 11/12 ❑ New Appropriation ❑ Not Applicable X❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 0 Park Development Skate Park 140-6050-930-005 $ 19,241 Recommended Action(s): Approve budget amendment for Skate Park Project to provide for expenditures in Fiscal Year 2011-2012. Alternative Council Option(s): Remand to staff with direction Citizens advised: Skate Park Stakeholders Committee Requested by: n/a Prepared by: Guy Mills, Project & Grant Administrator Coordinated with: Jane Chamber, City Manager Attachments: Approved: r Jar��J fambers, City Manager City at-T-lk-iah ITEM NO.: 7c MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: NOTIFICATION TO CITY COUNCIL OF ACQUISITION OF SERVICES FROM CALIFORNIA DEPARTMENT OF FORESTRY FOR CREEK AND DRAIN MAINTENANCE IN THE AMOUNT OF $7,500. Background: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is reporting to City Council the acquisition of services from the California Department of Forestry (CDF) fire crews based at Chamberlain Creek in the amount of $7,500. Discussion: On a regular basis, many streams, creeks and storm drainage ditches require the removal of debris and brush. The major creeks in Ukiah were cleared as this is a vital component of flood control. Creeks cleared include: Gibson Creek, Doolan Creek, Orr Creek, the area behind Oak Manor Mobile Home Park and the area around Cooper Lane. In addition, the crews spent a significant amount of time clearing drainage ditches at the Ukiah Landfill property where machinery is not able to access. Chamberlain Creek Conservation crews are comprised of 10 to 20 individuals. The City requested 2 crews at a total cost of $500/day. Fiscal Impact: Budgeted FY 11/12 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $7,500 Streets 100.3110.250.000 Recommended Action(s): Receive notification of acquisition of services from the California Department of Forestry for creek and drain maintenance in the amount of $7,500 Alternative Council Option(s): N/A Citizens advised: N/A Requested by Tim Eriksen, Director of Public Works Prepared by: Jarod Thiele, Public Works Administration Coordinated with: Rick Seanor, Deputy Director of Public Works; Jerry Whitaker, Public Works Supervisor Attachments: Approved:--- Jahambers, City Manager City c -j 41kiah ITEM NO.: 7d MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: NOTIFICATION OF PURCHASE OF TRAINING IN THE AMOUNT OF $7,500.00 FROM ANTHONY KASTROS. Background: Anthony Kastros is a Battalion Chief with Sacramento Metro Fire District, currently assigned to Battalion 7, supervising 12 companies. With 24 years in the fire service, he brings a wide variety of experiences, a high level of energy and a sincere passion to his instruction. Kastros teaches Fire Management, Rapid Intervention, and Incident Command for the State of California and leadership/team building and strategy/tactics to firefighters throughout the United States. As a USAR Team Manager with Sacramento Task Force 7, he deployed to Ground Zero on 9/11. Anthony has spent 4 years with a Type 1 Incident Management Team, is the program manager for Metro Fire's Command Training Center and began Metro Fire's Rescue Company program. Anthony holds a Bachelor of Science degree in Business and Human Resource Management, an Associate's of Science in Fire Technology, and is a certified Fire Officer for California. Discussion: As presented during the FY 2011/12 Budget Presentations, the Fire Department has been actively working to develop a long term strategic plan for the delivery of fire protection services. As part of that plan, the department has been working to develop core values for the department, and a unified vision of future goals and objectives for the department. Staff hired Anthony Kastros, who is a leading expert in assisting fire departments in developing leadership teams and strategic planning processes, to assist our department in the development of core values and future goals and objectives. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Fiscal Impact: a Budgeted FY 11/12 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $7,500 Conference and Training 105.2101.160.000 Continued on Page 2 Recommended Action(s): Notification of purchase of training services from Anthony Kastros, in the amount of $7,500, from account 105.2101.160.000. Alternative Council Option(s): N/A Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Approved:.,... a '� JChambers, City Manager y ITEM NO.: 7e MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: APPROVE EXTENSION CONTRACTS FOR RENOVATION OF UKIAH MUNICIPAL SWIMMING POOL AND ANTON STADIUM FACILITIES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT EXTENSIONS AND RECORD THE DEED RESTRICTIONS. Summary: The City of Ukiah Community Services Department is managing the renovation of the Ukiah Municipal Pool and the Anton Stadium facilities. The City was awarded $500,000 from the California State Parks Roberti-Z'berg-Harris Non -Urban Competitive Grant Program for renovations of each facility. Background: The State of California had previously put a temporary hold on grant funding due to budget problems and therefore has issued extensions to all projects affected by the delayed funding. Discussion: The attached contracts are the extension agreements for continued use of the original grant funding. The terms and conditions of the new contracts are similar to the original contracts. One notable difference between the contracts is that the new agreement requires a recorded deed restriction to the two properties. This is a new requirement on all State of California OGALS grant contracts in order to ensure that the property improved with grant funds continues to be used for the purpose for which grant funds were provided. The deed restrictions include the same restraints that the City agreed to by entering into the original contracts. The original contract procedural guidelines stipulated that any contract award over $100,000 would need to remain in operation and open to the public for twenty years, and the new deed restrictions set forth the same restraints. The language from the original contract states: "The Grantee shall maintain and operate the property developed for Continued on Page 2 Recommended Action(s): Approve extension contracts for the renovation of the Ukiah Municipal Swimming Pool and Anton Stadium facilities and authorize the City Manager to execute the contracts and record the deed restriction documents. Alternative Council Option(s): Reject contracts and provide Staff with other direction. Prepared by: Maya Simerson, Project Analyst & Sage Sangiacomo, Assistant City Manaaer Coordinated with: Jane Chambers, City Manager Attachments: Ukiah Municipal Swimming Pool Original Contract Ukiah Municipal Swimming Pool Extension Contract Anton Stadium Renovation Original Contract Anton Stadium Renovation Extension Contract Approved Janl0thambers, City Manager 4i. a period commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State." OGALS now requires that a deed restriction be filed to enforce the twenty year requirement. The deed restriction is not applying any new conditions that were not already obligated to under the original contract. Staff recommends that Council approve the extension contracts for the renovation of the Ukiah Municipal Swimming Pool and Anton Stadium facilities and authorize the City Manager to execute the contracts and record the deed restriction documents with the County of Mendocino. Fiscal Impact: F-1NewAppropriation Not Applicable Budget Amendment Required H Budgeted FY 11/12 ATTACHMENT I RESOLUTION NO: 2005-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS NONURBANIZED AREA NEED -BASED PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 For Ukiah Municipal Swimming Pools Rehabilitation Project WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002 which provides funds to the State of California for grants to eligible applicants; and WHEREAS, the California Department of Parks and Recreation has been designated the responsibility for the administration of the Roberti -Z'Berg-Harris Nonurbanized Area Need -Basis Program for grants and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and r � WHEREAS, the Applicant will enter into a Contract with the State of California for the Project; NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council hereby: 1. Approves the filing of an Application for local assistance funds from the Roberti- Z'Berg-Harris Nonurbanized Area Need -Basis Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 3. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the required Match; and 4. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and 5. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. Resolution No. 2005-16 Page 1 of 2 PASSED AND ADOPTED on the 3rd day of November 2004 by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson NOES: None ABSENT: None ABSTAIN: None Eric Larson, Mayor ATTEST: R Marie Ulvila, City Clerk Resolution No. 2005.16 Page 2 of 2 State of California • The Resources Agency Arnold Schwarzenegger, Governor DEPARTMENT OF PARKS AND RECREATION a P.O. Box 942896 • Sacramento, CA 94296.0001 Ruth Coleman, Director 916-653-7423 February 8, 2006 Sage Sangiacomo Community Services Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Sage Sangiacomo, Re: Project Name: UKIAH MUNICIPAL SWIMMING POOLS RENOVATION Program Name: 2002 Resources Bond Act Roberti-Z'berg-Harris - Nonurban Needs Basis Project Number: RN -23-009 Contract Number: CO214086 Enclosed is a revised contract for the above -referenced project. The contract I sent you earlier failed to include the "Certification Clause." Please sign and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that your project must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. If you have any questions, please contact me at (916) 651-8576 or email me at dsmith@parks.ca.gov. cerely, Dave Smith Project Officer Enclosure I State of California - The Resources Agency Department of Parks and Recreation GRANT CONTRACT' l 2002 Resources Bond Act 1 Roberti-Z'berg-Harris - Nonurban Needs Basis GRANTEE City of Ukiah PROJECT TITLE UKIAH MUNICIPAL SWIMMING POOLS RENOVATION PROJECT NUMBER RN -23-009 PROJECT PERFORMANCE PERIOD is from . July 01, 2004 thru March 31, 2012 Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the Project description, and the State of California, acting through its Director of Parks and Recreation, pursuant to the Roberti-Z'Berg-Harris Nonurbanized Area Need -Basis Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the Project up to the total State Grant Amount indicated. PROJECT DESCRIPTION A development project in the City of Ukiah to include the demolition of a wading pool and the renovation of the municipal swimming pool, the installation of a small slide to replace the three -meter diving board, and replace restrooms, pool office concession stand/storage rooms, and add a multipurpose room. Total State Grant not to exceed $500,000.00 City of Ukiah By Candace Horsley Typed or printed name gFAUt orized Representative Signature of Authorized Repres tative Address 300 Seminary Avenue.kiah CA 95482 Title City Manager Date The General Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date I hereby certify that the Grantee has met, or will meet, all federal, State and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appro nate codes, laws, and regulations prior to the expenditure of the grant funds. (Public Resources_Co 62 d) Signed Date 2„ - � _ Q i' . galCounsel fo Gran ee CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTARS VENDOR NO. PROJECT NO. CO214086 400000434100 RN -23-009 AMOUNT ENCUMBERED BY THIS DOCUMENT FUND. $500,000.00 CA CLEAN WATERAIRSAFE NGHBORHD PKSCOASTL PROTCT PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6029 206 04 2005/06 TOTAL AMOUNT ENCUMBERED TO DATE INDEX. OBJ. EXPEND A. PROJECT / WORK PHASE 5 $500,000.00 1091— 702 66015 B.A. NO. i hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. B.R.. NO. ACCOUNTING OFFICER'S SIGNATURE DATE. A Grant Contract Special Provisions General Provisions A. Definitions 1. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or Program. 3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, including specifically, a conservation easement or development rights. 4. The term "Department" means the California Department of Parks and Recreation. 5. The term "Development" means including, but not limited to, improvement, Rehabilitation, restoration, enhancement, Preservation, protection, and interpretation. Bond Act funds may only be used for Capital Improvements. 6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. The term "Project" as used herein means the Project described on page 1 of this Contract 7. The term "State" as used herein means the State of California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (grant monies) not to exceed the amount stated on page 1 of this Contract, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 of this Contract, and under the terms and conditions set forth in this Contract Grantee agrees to furnish at least thirty (30) percent of the total cost of the Project unless waived per the procedures stated in the current State Procedural Guide for the Roberti-Z'Berg- Harris Urban Open Space and Recreation Program Act and shall assume any obligation to furnish any additional funds that may be necessary to complete the Project Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. 2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. 3. The Grantee shall comply as lead agency with the California Environmental Quality Act Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et seq.) 4. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 47. 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion l by the State, to determine if Development work is in accordance with the approved Project l Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. Changes in the Project Scope must be approved in writing by the State and must meet the exact need described in the original Project Application. 7. If the Project includes Acquisition. of real property, the Grantee agrees to comply with all applicable State and local laws or ordinances affecting relocation and real property Acquisition. $. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation and/or Program. 9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and'duration of the interest in land, as determined by the State, that is held by'the Grantee.' 10. The Grantee shall maintain and operate the property funded for a period that is commensurate with the type of Project and the proportion of State funds allocated to the capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property, except as authorized by specific Act of the Legislature. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a use authorized by that category. 11. Lands or interests in land, acquired with grant funds shall be acquired from a willing seller. 12. The Application shall be accompanied by certification from the Grantee's planning agency that the Project for which the grant is requested is consistent with the Park and Recreation element of the applicable city or county general plan, the District park and recreation plan, or appropriate planning document, as the -case may be and will satisfy a high priority need. 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 48 �. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth on page 1 of this Contract: a. Up to a 10% advance of the total State Grant Amount b. After the property is in escrow, the Grantee may request up to 80% of the total State Grant Amount as specked in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place these funds in escrow. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. 2. If the Project includes Development, the State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the total State Grant Amount set forth on page 1 of this Contract: a. Up to a 10% advance of the total State Grant amount. b. On proof of award of a construction contract or commencement of construction by Force Account, up to 80% of the total State Grant Amount, not to exceed 80% of the total dollar amount of any or all awarded construction contracts. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is fess, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Project Administration 1. The Grantee shall promptly submit written Project reports as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures. 2. The Grantee shall make property and facilities developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant monies are advanced, the Grantee shall place these monies in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the Project, as approved by the State. If grant monies are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the Grantee's Jurisdiction. 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 49 F. Project Termination 1 1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. 3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the Preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or Historical Resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State by way of grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project conforms substantially to this Contract F. Hold Harmless 1. The Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2.. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent Jurisdiction. Neither party shall request a jury apportionment. 2b02 RZH Nonurbanized Area Need -Basis Procedural Guide 50 5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the. Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. ' Financial Records The Grantee shall maintain satisfactory financial accounts, documents and record_ s for the Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or final payment. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract 2. The Grantee shall use a generally accepted accounting system. H. Use of Facilities 1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the State grant monies were requested 1 and no other use of the area shall be permitted except by specific Act of the Legislature. J 2. The Grantee shall maintain and operate the property developed for a period. commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State. Nondiscrimination The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the .public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation and/or Program. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract K. Severability If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect other provisions or Applications of the Contract which can be given effect without the invalid provision or Application, and to this end the provisions of this Contract are severable. 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 51 ATTACHMENT '7 - State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act Roberti-Z'berg-Harris - Nonurban Needs Basis GRANTEE City of Ukiah THE PROJECT PERFORMANCE PERIOD IS FROM July 01, 2011 through June 30.2015 CONTRACT PERFORMANCE PERIOD IS FROM July 01, 2011 through June 30, 2031 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Roberti- Z'berg-Harris - Nonurban Needs. Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES, By: City of Ukiah Grantee (Signature of Authorized Representative) Title: City Manager Dater The General and Special Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: Date: CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECT NO CO231185 400000434100 AMOUNT ENCUMBERED BY THIS FUND DOCUMENT Clean Water, Cln Air, Cstl Protc Fd, CA $ 329,986 PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-103-6029(1) 33/11 11 2011/12 0 TOTAL AMOUNT ENCUMBERED TO DATE INDEX OBJ. EXPEND PCA PROJECT/WORK $ 329,986 1091 702 PHASE T.B.A. NO I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. B.R. NO SIGNATURE OF ACCOUNTING OFFICER DATE GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE") and City of Ukiah (hereinafter referred to as "GRANTEE") pursuant to the Roberti- Z'bera-Harrls - Nonurban Needs Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. RECITALS 1. On or about 3/28/2006 the STATE and GRANTEE entered into Grant Contract #CO214082 (hereinafter referred to as "PREVIOUS CONTRACT') for an amount not to exceed $500,000 . This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40. 2. The completion date set forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE did not complete the grant project(s) or spend its entire allocation prior to. the contract liquidation date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the total amount of 500 000, leaving a balance in the amount of 1365,370 for use by GRANTEE. 4. On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter "Budget Bill of 2011/12") was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds from which the appropriations were made. This provisions effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. Pursuant to section 3790-103-6029 of the Budget Bill of 2011/12, the Legislature appropriated an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The Legislature made these funds available for grants previously appropriated from Proposition 40 funds which are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources. Code. These funds are available for encumbrance on or before June 30, 2013. Per Government Code section 16304, the liquidation period of these funds is extended to on or before June 30, 2015. 5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement (hereinafter referred to as "CONTRACT"). which establishes terms and conditions that allow the expenditure of the newly appropriated grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by the terms and conditions of this CONTRACT. TERMS AND CONDITIONS The STATE, pursuant to the Roberti-Z'bera-Harris - Nonurban Needs Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011/12, hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES") not to exceed 329.986 subject to the terms and conditions of this CONTRACT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. In consideration thereof GRANTEE agrees to abide by the terms and conditions of this CONTRACT as well as the provisions of the ACT. GRANTEE acknowledges that the GRANT MONIES are not a gift or a donation. In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and made part of this CONTRACT. a. The PROCEDURAL GUIDE; b. The submitted APPLICATION(S). I. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACQUISITION" means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the purposes of the project. Leases or rentals do not constitute ACQUISITION. 2. The term "ACT" means the statutory basis for these grant programs. 3. The term "APPLICATION" means the individual project application packet(s) for a grant(s) pursuant to the enabling legislation and/or grant program process guide requirements. 4. The term "COMPETITIVE GRANT PROGRAM" means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks and Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, Roberti- Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation Development program. 5. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this CONTRACT. The "CONTRACT PERFORMANCE PERIOD" means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. 2 6. The term "DEVELOPMENT" means capital improvements to real property by means of construction of permanent or fixed features of the property. 7.. The term "GRANT PERFORMANCE PERIOD" means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. 8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form(s) found in the APPLICATION(s). 9. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for the 2002 Resources Bond Act [subprogram name]. The GUIDE provides the procedures and policies controlling the administration of the grant. 10. The term "PROJECT TERMINATION" refers to the non -completion of a GRANT SCOPE. 11. The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities in nearby communities. 12. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of GRANT MONIES in. the ACT, the STATE hereby grants to the GRANTEE a sum, of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). 2. All changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project Termination provision section E. found. in this CONTRACT. If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. This requirement is necessary to maintain the integrity of the competitive grant process. KI 3. The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 4. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 5. The GRANTEE shall at all times comply with all applicable current laws and regulations affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et.seq.) and the California Unruh Act (California Civil Code §51 et seq.) 6. If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances affecting relocation and real property ACQUISITION. 7. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. C. Project Costs 1. GRANTEE agrees to abide by the GUIDES. 2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced and not expended, GRANTEE shall return the unused portion of the advanced funds to the STATE within 60 days after the close of escrow. 2. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced funds must be spent within six months from the date of receipt, unless the STATE provides GRANTEE with a written waiver of this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT MONIES are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier. 3. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the M STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this CONTRACT. 4. The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. , 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete. 6. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. E. Deed Restriction 1. In order to ensure that property improved or acquired with GRANT MONIES are used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must record a deed restriction on the title to property prior to receiving payments for any purpose other than acquisition. The Deed Restriction shall include the following elements: a. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors -in -interest during the CONTRACT PERFORMANCE PERIOD. b. TAXES AND ASSESMENTS. The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, the Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax -deeded property. c. RIGHT OF ENTRY. STATE or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. d. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of the Deed Restriction will be deemed a violation and a breach hereof. -STATE may pursue any and all available legal .and/or equitable remedies to enforce the terms and conditions of the Deed Restriction. In the event of a breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. F. Project Termination 1. In the event of non -completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. A 2. This CONTRACT may be rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. '3. Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE under this CONTRACT unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE may seek, in addition to all remedies provided by law, specific performance of the CONTRACT in accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. G. Budget Contingency Clause For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount. This paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. H. Indemnity 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except valid legal claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq., the GRANTEE n. shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. I. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c) the amount and nature of project funds provided by other sources, and (d) any other records that will facilitate an effective audit of use of the GRANT MONIES. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. 4. The GRANTEE shall use a generally accepted accounting system. J. Use of Facilities 1. The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD. 2. The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non -recreational use of 7 the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 3. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. 4. If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the STATE and except as noted under the special provisions of this CONTRACT or under provisions of the enabling legislation and/or grant program. 5. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this CONTRACT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. 6. The GRANTEE agrees to use any property acquired or developed with GRANT MONIES under this CONTRACT only for the purposes of the grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific act of the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. 7. The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this CONTRACT and with written approval of the STATE. 8. Any real property acquired or developed with GRANT MONIES (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under this CONTRACT. 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. I K. Nondiscrimination I 4. The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin; age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPE(S). 2. The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees on the basis of residence. Fees shall be reasonable and not unduly prevent use by economically disadvantaged members of the public. L. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable. M. Liability STATE assumes no responsibility for assuring the safety of construction, site improvements .or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall. not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. N. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. O._ Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. 0 P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of Ukiah Grantee By: Signature of Authorized Representative (Position Authorized in the Resolution) Title: City Manager Date: 10 7 8i 9I'i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RECORDING REQUESTED BY: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Jim Holt DEED RESTRICTION I. WHEREAS, City of Ukiah (hereinafter referred to as "Owner(s)" is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein b; reference (hereinafter referred to as the "Property"); and II. WHEREAS, City of Ukiah (hereinafter referred to as "Applicant(s)") III. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPW) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And IV. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuan to the 2002 Resources Bond Act, Roberti-Z`berg-Harris - Nonurban Needs Basis, for Acquisition and development of a community center on the Property; and V. WHEREAS, DPR's Office of Grants and Local Services approved Grant RN -23-009, (hereinafter referred to as "Grant") on the Property, subject to, among other conditions, recordation of th Deed Restriction on the Property; and VI. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, Roberti-Z'berg 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Harris - Nonurban Needs Basis and the funds that are the subject of the Grant could therefore not have been granted; and VII. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors - in -interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors -in -interest for the period running from 7/1/2011 through 6/30/2031. 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax -deeded property. 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at time reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Dated: I I OU C ylbr- , 20 —U - Signed: / ! - ) Signed: 'ten PRINT/TYPE NAME & TITLE OF ABO (GRANTEE'S AUTHORIZED REPRESENTATIVE) PRINTITYPE NAME & TITLE OF ABOVE (ADDITIONAL SIGNATURE, AS REQUIRED) "NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 24 25 26 27 State of California County of On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4 (Seal) c GRANTEE City of Ukiah State of California - The Resources Agency Department of Parks and 'iecreaitlon GRANT CONTRACT 2002 Resources Bond Act Roberti-Z'berg-Harris - Nonurban Needs Basis ATTACHMEN PROJECT TITLE ANTON STADIUM RENOVATION PROJECT NUMBER RN -23-007 PROJECT PERFORMANCE PERIOD is from July 01, 2004 thru March 31, 2012 . Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the Project description, and the State of California, acting through its Director of arks and Recreation, pursuant to the Roberti-Z'Berg-Harris Nonurbanized Area Need -Basis Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protecti Pon Act of 2002, agrees to fund the Project up to the total State Grant Amount indicated. PROJECT DESCRIPTION A development project in the City of Ukiah to include field upgrade, parking lot improvements, pedestrian access, grandstand and baseline seating renovation, structural demolition, and reconstruction of multipurpose room, restrooms and storage rooms. Total State Grant not to exceed $500,000.00 City of Ukiah Grantee By Candace Horsley Typed or printed name bf Autfie 'zed Representative .� 4 Signature of Authorized Repres tative Address 300 Seminar Avenue U iah C1 Title City Manager Date 2/22/06 c 0 tV1 CALSTARS VENDOR NO. PROJECT NO. The General Provisions attached are made a part0§�d Incorporated into the Contract.f RN -23-007 fV —1-b t'Y'f CJ p,; STATE OF CALIFORNIA J DEPARTMENT OF PARKS AND RECREOIT IONS I: • r tY By Date CONTRACT 3790-101-6029 208 I hereby certify that the Grantee has met, or will meet, all federal, State and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws, and regulations prior to the expenditure of the grant funds. [Public Resources Code 56 ) Signed Date Z 1 > ounsei or G ntee CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTARS VENDOR NO. PROJECT NO. CO214082 400000434100 RN -23-007 AMOUNT ENCUMBERED BY THIS DOCUMENT FUND. $500,000.00 CA CLEAN WATERAIRSAFE NGHBORHD PKSCOASTL PROTCT PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6029 208 04 2005/06 TOTAL AMOUNT ENCUMBERED TO DATE INDEX. OBJ. EXPEND PCA. PROJECT/ WORK PHASE $ $500,000.00 1091 702 66015 T.B.A. NO. I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. B.R.. NO. ACCOU . TI G OFFICE )SIGNATURE FA Grant Contract Special Provisions General Provisions A. - Definitions 1. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or Program. 3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, including. specifically, a conservation easement or development rights. 4. The term "Department" means the California Department of Parks and Recreation: . 5. The term "Development" means including, but not limited to, improvement, Rehabilitation, restoration, enhancement, Preservation, protection, and interpretation. Bond Act funds may only be used for Capital Improvements. 6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract The term "Project" as used herein means the Project described on page 1 of this Contract C 7. The term "State" as used herein means the State of California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (grant montes) not to exceed the amount stated on page 1 of this Contract, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 of this Contract, and under the. terms and conditions set forth in this Contract Grantee agrees to furnish at least thirty (30) percent of the total cost of the Project unless waived per the procedures stated in the current State Procedural Guide for the Roberti-Z'Berg- Harris Urban Open Space and Recreation Program Act and shall assume any obiigation to furnish any additional funds that may be necessary to complete the Project Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for. approval. 2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. 3. The Grantee shall comply as lead agency with the California Environmental Quality Act Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.) 4. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 47 C 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State, to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. Changes in the Project Scope must be approved in writing by the State and must meet the exact need described in the original Project Application. 7. if the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable State and local laws or ordinances affecting relocation and real property Acquisition. 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation and/or Program. 9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and* duration of the interest in land, as determined by the State, that is held by the Grantee. 10. The Grantee shall maintain and operate the property funded for a period that is commensurate with the type of Project and the proportion of State funds allocated to the capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's . successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other .) disposition of the property, except as authorized by specific Act of the Legislature. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount.of,the grant, (2)'the fair market . . value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by; the Legislature only for a purpose authorized by that category. , If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale: or other disposition'of the interest or the fair market value of the interest sold or, otherwise disposed of, whichever is greater, shall be used by -the Grantee for a purpose` authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a use authorized by'that category. 11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller. . 12. The Application shall be accompanied by certification from the,Grantee's planning agency that the Project for which the grant is requested is consistent with the Park and Recreation element of the applicable city or county"general plan, the District park and recreation plan, or appropriate planning document, as the case may be and will satisfy a high priority.need. • C 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 48 p C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth on page 1 of this Contract a. Up to a 10% advance of the total State Grant Amount b. After the property is in escrow, the Grantee may request up to 80% of the total State Grant Amount as specked in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place these funds in escrow. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. 2. If the Project includes Development, the State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the total State Grant Amount set forth on page 1 of this Contract a. Up to a 10% advance of the total State Grant amount b. On proof of award of a construction contract or commencement of construction by Force Account, 'up to 80% of the total State Grant Amount, not to exceed 80% of the total dollar amount of any or all awarded construction contracts. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Project Administration 1. The Grantee shall promptly submit written Project reports as the State may request. In any event, the Grantee shall provide the State a report showing total final Project exPenditures. 2. The Grantee shall make property and facilities developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. if grant monies are advanced, the Grantee shall place these monies in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest emed on grant monies shall be used on the Project, as approved by the State. If grant . monies are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the Grantee's ,Jurisdiction. 2002 RZN Nonurbanized Area Need -Basis Procedural Guide 49 E. Project Termination 1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be. available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. 3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder.. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the Preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or Historical Resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent; the amount of money furnished by the State by way of grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project conforms substantially to this Contract F. Hold Harmless 1. The Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with orincident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the, property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the. State of such fact and shall represent the State in the legal action unless the State undertakes to represent itseif as codefendant in such legal action inwhich event the State shall bear its ownlitigation costs, expenses, and attorney's fees. 4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent Jurisdiction. Neither party shall request a jury apportionment 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 50 5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. The Grantee shall maintain satisfactory financial accounts, documents and records for the . Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or final payment. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. H. Use of Facilities 1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the State grant monies were requested ( and no other use of the area shall be permitted except by specific Act of the Legislature. 2. The Grantee shall. maintain and operate the property developed for a period commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State. I. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property. or facility developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation and/or Program. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect other provisions or Applications of the Contract which can be given effect without the invalid provision or Application, and to this end the provisions of this Contracture severable. 2002 RZH Nonurbanized Area Need -Basis Procedural Guide 51. RESOLUTION NO: 2005-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROB ERTI-Z'BERG-HARRIS NONURBANIZED AREA NEED -BASED PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 For Anton Stadium Rehabilitation Project WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002 which provides funds to the State of California.for grants to eligible applicants; and WHEREAS, the California Department of Parks and Recreation has been designated the responsibility for the administration of the Robe rti-Z'Berg-Harris Nonurbanized Area Need -Basis Program for grants and the grant Project shown above within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project; NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council hereby: 1. Approves the filing of an Application for local assistance funds from the Roberti- Z'Berg-Harris Nonurbanized Area Need -Basis Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 3. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the required Match; and 4. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and 5. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the. Project. Resolution No. 2005-17 Page 1 of 2 PASSED AND ADOPTED on the 3rd day of November 2004 by the following roll call vote: l AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson NOES: None ABSENT: None ABSTAIN: None Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2005-17 Page 2 of 2 State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act Roberti-Z'berg-Harris - Nonurban Needs Basis GRANTEE City of Ukiah THE PROJECT PERFORMANCE PERIOD IS FROM July 01, 2011 through June 30.2015 CONTRACT PERFORMANCE PERIOD IS FROM July 01, 2011 through June 30, 2031 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Roberti- Z'berg-Harris - Nonurban Needs Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. City of Ukiah Grantee By: (Signature of Authorized Representative) Title: Cify Manage jr Date: 4 1 The General and Special Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By: Date: CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECT NO CO231183 400000434100 AMOUNT ENCUMBERED BY THIS FUND DOCUMENT Clean Water, Cln Air, Cstl Protc Fd, CA $ 365,370 PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-103-6029(1) 33111 11 2011112 0 TOTAL AMOUNT ENCUMBERED TO DATE INDEX OBJ. EXPEND PCA PROJECTMORK $ 365,370 1091 702 PHASE T.B.A. NO I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. B.R. NO SIGNATURE OF ACCOUNTING OFFICER DATE GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE") and City of Ukiah (hereinafter referred to as "GRANTEE") pursuant to the Roberti- Z'berg-Harris - Nonurban Needs Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. RECITALS 1. On or about 3/28/2006 the STATE and GRANTEE entered into Grant Contract #CO214086 (hereinafter referred to as "PREVIOUS CONTRACT") for an amount not to exceed 500 000. This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act. of 2002, also known as Proposition 40. 2. The completion date set forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE did not complete the grant project(s) or spend its entire allocation prior to the contract liquidation date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the total amount of 500 000, leaving a balance in the amount of 329,986 for use by GRANTEE. 4. On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter "Budget Bill of 2011/12") was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds from which the appropriations were made. This provisions effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. Pursuant to section 3790-103-6029 of the Budget Bill of 2011/12, the Legislature appropriated an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The Legislature made these funds available for grants previously appropriated from Proposition 40 funds which are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources Code. These funds are available for encumbrance on or before June 30,2013. Per Government Code section 16304, the liquidation period of these funds is extended to on or before June 30, 2015. 5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement (hereinafter referred to as "CONTRACT"). which establishes terms and conditions that allow the expenditure of the newly appropriated grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by the terms and conditions of this CONTRACT. TERMS AND CONDITIONS The STATE, pursuant to the Roberti-Z'berg-Harris - Nonurban Needs Basis in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011/12, hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES") not to exceed 365,370 subject to the terms and conditions of this CONTRACT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. In consideration thereof GRANTEE agrees to abide by the terms and conditions of this CONTRACT as well as the provisions of the ACT. GRANTEE acknowledges that the GRANT MONIES are not a gift or a donation. In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and made part of this CONTRACT. a. The PROCEDURAL GUIDE; b. The submitted APPLICATION(S). 1. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACQUISITION" means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the purposes of the project. Leases or rentals do not constitute ACQUISITION. 2. The term "ACT" means the statutory basis for these grant programs. 3. The term "APPLICATION" means the individual project application packet(s) for a grant(s) pursuant to the enabling legislation and/or grant program process guide requirements. 4. The term "COMPETITIVE GRANT PROGRAM" means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks and Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, Roberti- Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation Development program. 5. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this CONTRACT. The "CONTRACT PERFORMANCE PERIOD" means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. K 6. The term "DEVELOPMENT means capital improvements to real property by means of construction of permanent or fixed features of the property. 7. The term "GRANT PERFORMANCE PERIOD" means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. 8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form(s) found in the APPLICATION(s). 9. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for the 2002 Resources Bond Act [subprogram name]. The GUIDE provides the procedures and policies controlling the administration of the grant. 10. The term "PROJECT TERMINATION" refers to the non -completion of a GRANT SCOPE. 11. The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities in nearby communities. 12. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of GRANT MONIES in the ACT, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and conditions set forth in this CONTRACT. The GRANTEE shall assume the obligation to famish any additional funds that may be necessary to complete the GRANT SCOPE(S). 2. All changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project Termination provision section E. found in this CONTRACT. If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. This requirement is necessary to maintain the integrity of the competitive grant process. 3 3. The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 4. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 5. The GRANTEE shall at all times comply with'all applicable current laws and regulations affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et.seq.) and the California Unruh Act (California Civil Code §51 et seq.) 6. If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances affecting relocation and real property ACQUISITION. 7. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. C. Project Costs 1. GRANTEE agrees to abide by the GUIDES. 2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. if the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. D. Project Administration 1. If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced and not expended, GRANTEE shall return the unused portion of the advanced funds to the STATE within 60 days after the close of escrow. 2. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced funds must be spent within six months from the date of receipt, unless the STATE provides GRANTEE with a written waiver of this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT MONIES are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier. 3. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the C! STATEa report showing total final project expenditures within 60 days of project completion or the end'of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this CONTRACT. 4. The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete. 6. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. E. Deed Restriction 1. In order to ensure that property improved or acquired with GRANT MONIES are used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must record a deed restriction on the title to property prior to receiving payments for any purpose other than acquisition. The Deed Restriction shall include the following elements: a. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors -in -interest during the CONTRACT PERFORMANCE PERIOD. b. TAXES AND ASSESMENTS. The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, the Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax -deeded property. C. RIGHT OF ENTRY. STATE or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. d. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of the Deed Restriction will be deemed a violation and a breach hereof. STATE may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Deed Restriction. In the event of a breach, any forbearance on the part of STATE to enforce.the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. F. Project Termination 1. In the event of non -completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 5 2. This CONTRACT may be rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. 3. Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE under this CONTRACT unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE may seek, in addition to all remedies provided by law, specific performance of the CONTRACT in accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. G. Budget Contingency Clause For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount. This paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. H. Indemnity 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except valid legal claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq., the GRANTEE 0 shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands; costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. 1. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c) the amount and nature of project funds provided by other sources, and (d) any other records that will facilitate an effective audit of use of the GRANT MONIES. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. 4. The GRANTEE shall use a generally accepted accounting system. J. Use of Facilities 1. The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD, 2. The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non -recreational use of VA the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 3. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. 4. If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the STATE and except as noted under the special provisions of this CONTRACT or under provisions of the enabling legislation and/or grant program. 5. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this CONTRACT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. 6. The GRANTEE agrees to use any property acquired or developed with GRANT MONIES under this CONTRACT only for the purposes of the grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific act of the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. 7. The property acquired or developed with GRANT MONIES maybe transferred to another eligible entity only if the successor entity assumes the obligations imposed under this CONTRACT and with written approval of the STATE. 8. Any real property acquired or developed with GRANT MONIES (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under this CONTRACT. 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. L K. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPE(S). 2. The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees .on the basis of residence. Fees shall be reasonable and not unduly prevent use by economically disadvantaged members of the public. L. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable. M. Liability STATE assumes no responsibility for assuring the safety of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. N. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in -any manner to modify, explain, or restrict any of the provisions of this CONTRACT. L P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of Ukiah Grantee By: Signature of Authorized Representative (Position Authorized in the Resolution) Title: City Manager Date: M] 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RECORDING REQUESTED BY: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Jim Holt DEED RESTRICTION I. WHEREAS, City of Ukiah (hereinafter referred to as "Owner(s)" is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and II. WHEREAS, City of Ukiah (hereinafter referred to as "Applicant(s)") III. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And IV. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant to the 2002 Resources Bond Act, Roberti-Z`berg-Harris - Nonurban Needs Basis, for Acquisition and development of a community center on the Property; and V. WHEREAS, DPR's Office of Grants and Local Services approved Grant RN -23-007, (hereinafter referred to as "Grant") on the Property, subject to, among other conditions, recordation of tM Deed Restriction on the Property; and VI. WHEREAS, but for the imposition;6)f the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, Roberti-Z'berg- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Harris - Nonurban Needs Basis and the funds that are the subject of the Grant could therefore not have been granted; and VII. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors - in -interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors -in -interest for the period running from 7/1/2011 through 6/30/2031. 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.I of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(4) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax -deeded property. 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and N 2 3 4 5I6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Signed: Dated: 20 Signed: PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 State of California County of On before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4 (Seal) ITEM NO.: 11a MEETING DATE: AGENDA SUiiifiiiiARY REPORT November 16, 2011 SUBJECT: CONDUCT A PUBLIC HEARING TO REVIEW AND APPROVE THE CITY OF UKIAH'S PROGRAM INCOME REUSE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM SUMMARY: The City of Ukiah routinely seeks funding for housing and economic development programs under the State of California Community Development Block Grant Program (CDBG). Some of the grants are implemented as loan programs (i.e. First Time Home Buyers, Owner Occupied Rehabilitation and Business Assistance Loans) that result in CDBG grant program funds that are paid back. These repayments are referred to as Program Income. Program Income is then re -loaned out for other First Time Homebuyer, Rehabilitation or Business Assistance loan projects. The City is allowed to retain and reuse Program Income so long as the City has adopted approved guidelines for the reuse of the funds. The City's renewed small business revolving loan program (Revitalizing Business Investment and Lending Development Program – ReBILD) is an example of how to effectively reuse Program Income. The Community Development Commission of Mendocino County (CDC) assists the City with the management and implementation of the City's CDBG related activities. The requirements for the reuse of Program Income are routinely updated by the State and the City is required to consider and adopt updated guidelines that conform to these revisions. The attached Program Income Reuse Plan has been prepared by CDC to conform to State requirements. The Plan is in redline format to detail the minor revisions to the template provided by the State. Fiscal Impact: 1:1 1-1 FY 11/12 1-1New Appropriation � Not Applicable Budget Amendment Required Recommended Action(s): Conduct a public hearing, receive public input and approve the proposed City of Ukiah Program Income Reuse Plan for the Community Development Block Grant (CDBG) Proaram. Alternative Council Option(s): Provide staff with alternative direction. Citizens advised: N/A Requested by: State of California Prepared by: Sage Sangiacomo, Assistant City Manager; and Craig Schlatter, Community Development Manager for Community Development Commission of Mendocino County Coordinated with: Jane Chambers, City Manager, Attachments: 1. Citv of Ukiah Program Income Reuse Plan Approved -- 1 Jin Chambers, City Manager Attachment #1 CITY OF UKIAH PROGRAM INCOME REUSE PLAN ADOPTED ON: November 16, 2011 The purpose of plan is to establish guidelines on the policies and procedures for the administration and utilization of Program Income received as a result of activities funded under the State of California Community Development Block Grant Program (CDBG). Need for Plan Governing Reuse of Program Income: This Reuse Plan is intended to satisfy the requirements specified in Federal statute and regulation at Section 104 (j) of the Housing and Community Development Act ("the Act"), as amended in 1992 and 24 CFR 570.489 (e) and (f). These statutory and regulatory sections permit a unit of local government to retain Program Income for CDBG-eligible community development activities. Under Federal guidelines adopted by the State of California's CDBG program, local governments are permitted to retain Program Income so long as the local government has received advance approval from the state of a local plan that will govern the expenditure of the Program Income. This plan has been developed to meet that requirement. Program Income Defined: Program Income is defined in Federal regulation at 24 CFR 570.489 (e) which specify that Program Income is the gross income received by the jurisdiction that has been directly generated from the use of CDBG funds. (For those Program Income -generating activities that are only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG participation). Examples of Program Income include: payments of principal and interest on housing rehabilitation or business loans made using CDBG funds; interest earned on Program Income pending its disposition, and interest earned on funds that have been placed in a revolving loan account; net proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; income (net of costs that are incidental to the generation of the income) from the use or rental of real property that has been acquired, constructed or improved with CDBG funds and that is owned (in whole or in part) by the participating jurisdiction or sub -recipient. If the total amount of income generated from the use of CDBG funds (and retained by the City of Ukiah during a single program year (July 1 through June 30) is less than $25,000, then these funds shall not be deemed to be Program Income and shall not be subject to these polices and procedures. Portfolio Management Costs: Costs of managing the portfolio of CDBG funded loans may be charged to PI under general administration within the allowable limits set by the State Department of Housing and Community Development (HCD). General Administration (GA) Cost Limitation: No more than eighteen percent (18%) of the total amount of PI received annually may be expended for general administrative City of Ukiah PI Reuse Plan Adopted: November 16, 2011 Page 2 of 7 costs. In any event, the total expended for non -revolving activities (grants, activity delivery costs, and general administration) shall not exceed 49 percent (49%) of the total funds expended during the program year (July 1 through June 30). Reuses of Program Income: 1. Program Income must be: a) disbursed for an approved activity funded under an open grant prior to drawing down additional Federal funds; b) forwarded to the State of California, Department of Housing and Community Development (HCD); c) distributed according to this Program Income Reuse Plan after it has been approved by HCD and adopted by the local governing board in compliance with the City of Ukiah citizen participation process as specified in Federal Regulations at 24 CFR 570.486, Local Government Requirements; or d) by special request through HCD, may consider using Program Income for CDBG eligible non -revolving activities other than those for which the Revolving Loan Account (RLA) was established under a "Program Income Waiver" (PI Waiver). i. This process will involve discussion at a properly noticed public hearing held in front of the governing body, and submission of a formal Resolution as part of a PI Waiver Request to HCD, in accordance with HCD CDBG Management Memorandum Number 10-03, and any subsequent HCD guidance. ii. Final commitment and expenditure of Program Income funds will not commence until clearance of all required Special Conditions have been met, and formal written approval issued from HCD has been received. 2. The City of Ukiah Program Income will be used to fund eligible CDBG activities that meet a national objective. Eligible activities and national objective requirements are specified in Federal statute at Section 105(a) and in Federal regulations at 24 CFR 570.482 and 24 CFR 570.483. Funds shall not be transferred between RLAs, to an open grant activity, or used for a PI Waiver Activity without conducting a properly noticed CDBG Citizen Participation public hearing. However, the transfer of Program Income between RLAs and to grant -funded activities during the program year in the aggregate amount of $5,000 or less will not be subject to the citizen participation requirement to hold a properly noticed public hearing, but must be submitted to HCD for written approval. If it becomes necessary to transfer funds between RLAs, the City of Ukiah will consider revising the distribution formula. City of Ukiah PI Reuse Plan Adopted: November 16, 2011 Page 3 of 7 Adoption of the Plan: The City of Ukiah shall take action on this Program Income Reuse Plan or any amendments thereto, AFTER the local citizens have had an opportunity to comment on the Plan per 24 CFR 570.486, Local Government Requirements. Planning Activities: The City of Ukiah reserves the option of utilizing Program Income, within the 18 percent (18%) general administration annual cap, to fund planning for CDBG-eligible activities. Distribution for Reuse of Program Income: The City of Ukiah Program Income will be distributed, as follows.- The ollows: The following Revolving Loan Account(s) (RLA) are hereby established to utilize the City of Ukiah's Program Income. The allocation to each RLA is as follows: All program income from grants funded from the General and Native American Allocations will be deposited into the .Housing Rehabilitation Revolving Loan ------------ Formatted: Font: Bold Account,(HR-RLA) or Direct Homeownership Assistance.Revolving Loan ________ Formatted: Font: Bold Account (DHA-RLAIbased upon the percentage identified below: Formatted: Font: Not Bold 1. 100% for the HR-RLA t_ Formatted: Font: Bold 2. 0% for the DHA-RLA Formatted: Indent: Left: 0.5", First line: 0" 1. 100% for BA-RLA 2. 0% for ME-RLA Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold City of Ukiah PI Reuse Plan Adopted: November 16, 2011 Page 4 of 7 Special requirements of the revolving loan account: The review and funding of requests for CDBG loan or grant assistance under an RLA shall be under the Federal underwriting guidelines. All assistance provided to activities under an RLA shall be made for activities that are located within the City of Ukiah limit boundaries, unless prior written approval from HCD has been received by the City of Ukiah. Reporting and Federal Overlay Compliance: The City of Ukiah shall comply with all State CDBG reporting requirements, including submittal of a single annual Grantee Performance Report that reports on all of the City of Ukiah's RLAs and PI Waiver activities, and the required -Bi-Annual and Annual Program Income Reports, which shows combined PI receipts and actual PI expenditures on one report. The City of Ukiah shall ensure that the use of Program Income under this Reuse Plan complies with all CDBG program requirements, including citizen participation, environmental review, equal opportunity, Section 3 employment, lead-based paint, labor standards, acquisition and relocation, procurement, property management, and maintenance of adequate accounting and recordkeeping systems. To ensure ongoing compliance with CDBG requirements, the City of Ukiah shall utilize the latest available State CDBG Program Grant Management Manual and State CDBG Management Memos for guidance on compliance procedures and policies. Maximum funds in Revolving Loan Accounts: Program Income received by the RLA during the program year (July 1 through June 30) shall be substantially expended by the end of the program year (June 30). Revising this plan: The City of Ukiah Council has the authority to amend this document with a properly noticed City Council meeting, and approval by the State Department of Housing and Community Development (HCD). Allowed Purposes and uses of RLA funds: The purposes and allowed uses of funds under this/these RLA(s) are as follows: Housing Rehabilitation Revolving Loan Account This fund will be principally used for the purpose of making loans to rehabilitate residential dwelling or owner/investor units units occupied by households which have an -a gross annual income 80 percent (80%) or less of the G+ty o UkiahMendocino County median income, based on HUD's income calculations. No more than 19 percent (19%) of the funds expended from this RLA shall be used for activity delivery costs. At least 51 percent (51 %) of the funds expended for activities funded under this RLA shall be used on revolving activities (i.e., loans). The review and funding of requests for CDBG loan or grant assistance under this RLA shall be conducted under the Housing Rehabilitation Program Guidelines that have been adopted by the City of Ukiah. All assistance provided to activities under this RLA shall be made for activities that are located within the City of Ukiah City of Ukiah PI Reuse Plan Adopted: November 16, 2011 Page 5 of 7 jurisdiction. If the activities funded under the RLA are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in this RLA shall be expended PRIOR to drawing down funds from the State CDBG program. • Direct Homeownership Assistance (First-Time Homebuyer) Revolving Loan Account This fund will be principally used for the purpose of making loans er- gra #t--loan guarantees, interest supplements, or other means for the purchase of a housing unit by households which have w4 gross annual income 80 percent (80%) or less of the Mendocino County-Gity'-s median income, based on HUD's income calculations. No more than 8 percent (8%) of the funds expended from this RLA shall be used for activity delivery costs. At least 51 percent (51 %) of the funds expended for activities funded under this RLA shall be used on revolving activities (i.e., loans). The review and funding of requests for CDBG loan or grant assistance under this RLA shall be conducted under the Direct Homeownership Assistance Guidelines that have been adopted by the City of Ukiah. All assistance provided for activities under this RLA shall be made for activities that are located within the City of Ukiah jurisdiction. If the activities funded under the RLA are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in this RLA shall be expended PRIOR to drawing down funds from the State CDBG program • Business Assistance Revolving Loan Account This fund will be used to provide "gap„ financing for businesses that can document the need for CDBG assistance and that will create or retain qualifying permanent jobs that will be principally filled by members of households which have an annual gross income at 80 percent (80%) or less of the Gity of UkiahMendocino County median income, based on HUD's income calculations. No more than (iuse.+ PeFGentage)forty-nine percent (49%) of the Program Income funds expended during the program year under this RLA shall be for non-revolving activities (e.g. grants or "forgivable loans" for public infrastructure improvements that are needed to accommodate a specific business expansion or retention project, activity delivery costs, and -general administration). No more than (insert perGenta a up to 15 ) fifteen percent (15%) of the total funds expended for business assistance activities shall be used for activity delivery costs. At least 51 percent of the funds actually expended for the activity funded City of Ukiah PI Reuse Plan Adopted: November 16, 2011 Page 6 of 7 under this RLA during the program year shall be used on revolving activities (i.e., loans). If the activities funded under the RLA are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in this RLA shall be actually expended PRIOR to drawing down funds from the State CDBG program. The review and funding of requests for CDBG loan or grant assistance under this RLA shall be conducted under the Federal underwriting guidelines specified at 24 CFR 570.482 (e) that have been incorporated into the City of Ukiah adopted Business Revolving Loan Fund Program Guidelines and include the project review procedures. These guidelines will ensure that the amount and terms of the CDBG assistance are appropriate given the documented needs of the business and given the amount of public benefit (job creation/retention) that will result from the CDBG- assisted project. In addition, any activity requesting funding under this RLA shall be deemed to be eligible under Section 570.482 and Section 105 (a) of the Act and shall be determined to provide sufficient public benefit as specified under Section 570.482 (f). Any CDBG assistance for infrastructure shall meet the requirements of Section 570.483 (b) (4) (F) which requires ongoing job tracking for all businesses that initially benefit from an infrastructure project as well as any subsequent business(s) benefiting from these improvements. All assistance provided to activities under this RLA shall be made for activities that are located within the City of Ukiah jurisdiction. If the activities funded under the RLA are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in this RLA shall be expended PRIOR to drawing down funds from the State CDBG program. • Microenterprise Assistance Revolving Loan Account This RLA will be used to provide financial assistance to start up or existing businesses that meet the HUD definition of microenterprise. A microenterprise is defined as a business that has five (5) or fewer employees including the owner(s). Financing for eligible micro businesses will be provided based on the most recently adopted program guidelines. This program is targeted at micro businesses that are owned and operated by persons whiGb who have an annualrg oss income 80 percent (80%) or less of the City of 1-1kiahMendocino County median income, based on HUD income calculations. At least 51 percent of the funds actually expended for the activity funded under this RLA during the program year shall be used on revolving activities (i.e., loans). No more than (insert pementage, up to 1 60,44fifteen percent 15% of the total funds City of Ukiah PI Reuse Plan Adopted: November 16, 2011 Page 7 of 7 expended for business assistance activities shall be used for activity delivery costs. At least 51 percent (51 %) of the funds expended for activities funded under this RLA shall be used on revolving activities (i.e., loans). If the activities funded under the RLA are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in this RLA shall be expended PRIOR to drawing down funds from the State CDBG program. The review and funding of requests for CDBG loan or grant assistance under this RLA shall be conducted under the federal underwriting guidelines specified at 24 CFR 570.482 (e) that have been incorporated into the City of Ukiah adopted Micro Enterprise Revolving Loan Fund Program Guidelines. All assistance provided for activities under this RLA shall be made for activities that are located within the City of Ukiah jurisdiction. City aJ_ Ukinhr ITEM NO.: 11b MEETING DATE: AGENDA SUMMARY RCP®RT November 16, 2011 SUBJECT: CONDUCT A PUBLIC HEARING FOR THE REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUSINESS ASSISTANCE PROGRAM GUIDELINES SUMMARY: The City of Ukiah in cooperation with the Community Development Commission of Mendocino County (CDC) was recently awarded a $500,000 State Community Development Block Grant (CDBG) , Business Assistance Program grant to augment the City's renewed small business revolving loan program called Revitalizing Business Investment and Lending Development Program (ReBILD). ReBILD had initially been funded by City CDBG Program Income. On February 2, 2011, the City Council approved ReBILD Program Guidelines. Council also approved CDBG Business Assistance guidelines prior to the submittal of the Business Assistance funding application. While clearing special conditions for the implementation of the new grant, the State has requested that the City revise the Guidelines to reflect recent updates. CDC has prepared revised guidelines for consideration and the document is included as Attachment #1. The CDBG Business Assistance Guidelines are complementary to the ReBILD Guidelines previously adopted by the Council. The City of Ukiah Business Assistance Loan Program (The Program) is designed to provide the critical and necessary capital needs of business and development projects in the City of Ukiah. The intent of the Program is to provide "appropriate" assistance to business and development projects, which in turn would create and/or retain jobs, along with increasing the commercial and industrial base of the community. The Program would provide loans whose repayments are "revolved" or recaptured to be substantially re - loaned for CDBG eligible projects. Therefore, the initial recapture that capitalizes the program would be Continued on Page 2 Recommended Action(s): Conduct a public hearing, receive public input, and approve the revised CDBG Business Assistance Program Guidelines. Alternative Council Option(s): Provide staff with alternative direction. Citizens advised: N/A Requested by: State of California Prepared by: Sage Sangiacomo, Assistant City Manager; and Craig Schlatter, Community Development Manager for Community Development Commission of Mendocino County Coordinated with: Jane Chambers, City Manager, Attachments: 1. Revised CDBG Business Assistance Proaram Guidelines Approved:✓ 4-- .�✓U�____ Laine I hamberc City Manager V used again to create additional jobs, assist more businesses and projects, and provide significant benefits beyond the Program's initial loans. In order to continue with the implementation of the ReBILD program, the City must consider and adopt the revised guidelines for the Business Assistance Program which conforms to current CDBG requirements. Fiscal Impact: Budgeted FY 11/12 1-1NewAppropriation � Not Applicable D Budget Amendment Required 2 Attachment #1 Guidelines For Business Assistance Loan Program Funded By City of Ukiah With Community Development Block Grant Adopted: November 16, 2011 TABLE OF CONTENTS 1. INTRODUCTION................................................................................................. 1 2. BUSINESS ASSISTANCE LOAN PROGRAM OVERVIEW ................................ 1 1. Program Administrator................................................................................... 1 2. Program Service Area................................................................................... 1 3. Source of Program Funds............................................................................. 1 4. Eligible Loan Applicants................................................................................ 2 3. CDBG PROGRAM REQUIREMENTS................................................................. 2 1. Eligible Activities............................................................................................ 2 2. Ineligible Use of Funds.................................................................................. 3 3. Meeting a National Objective......................................................................... 3 4. Meeting Proper Public Benefit....................................................................... 4 5. Other Federal Overlay Regulations............................................................... 4 6. Required Loan Review by Department.......................................................... 6 4. LOAN PROCESSING AND APPROVAL............................................................. 6 1. Program Marketing........................................................................................ 6 2. Fair Lending Compliance............................................................................... 6 3. Loan Application Processing......................................................................... 7 4. Program Loan Advisory Board (LAB)............................................................ 8 5. Loan Applicant Confidentiality....................................................................... 8 6. Dispute Resolution/Appeals Procedure......................................................... 8 7. No Conflict of Interest Allowed...................................................................... 8 8. Exceptions / Special Circumstances.............................................................. 9 9. Loan Closing Process.................................................................................. 9 5. DESCRIPTION OF LOANS................................................................................ 9 1. Determination of Loan Amount...................................................................... 9 2. Determination of Loan Term........................................................................ 10 3. Determination of Loan Interest Rate............................................................ 10 3. Loan Processing Fees................................................................................. 10 6. LOAN UNDERWRITING STANDARDS............................................................ 10 1. Initial Loan Evaluation................................................................................. 10 2. Personal and Business Credit Requirements .............................................. 11 3. Personal and Business Financial Information .............................................. 11 4. Collateral Requirements.............................................................................. 12 5. Business Experience and Management Capacity ....................................... 13 7. LOAN SERVICING.......................................................................................... 13 1. Loan Servicing Agent................................................................................... 13 2. Loan Servicing Policies................................................................................ 13 Adopted 2011 8. PROGRAM OVERSITE BY LENDER............................................................... 14 1. Oversight of Program Administrator............................................................ 14 2. Oversight of Loan Servicing Agent.............................................................. 14 List of Attachments with Support Documents ATTACHMENT A: HUD Underwriting Standards ATTACHMENT B: State Loan Review Checklist ATTACHMENT C: Sample Loan Approval Memo ATTACHMENT D: Sample Loan Agreement ATTACHMENT E: Sample Employment Projection Chart ATTACHMENT F: Sample Self Certification Form for New Hires ATTACHMENT G: Sample Loan Servicing Policies Adopted 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUSINESS ASSISTANCE LOAN PROGRAM GUIDELINES 1.0 INTRODUCTION The City of Ukiah here after called "Lender" has established a Business Assistance Loan Program, here after called "the Program". The Program is designed to stimulate economic growth and create jobs that will improve the living conditions of residents in the community. The Program provides affordable non -conventional financing to eligible businesses and development projects. Businesses and development projects receiving these funds will in turn be required to develop a sufficient number of net new jobs, or in the case of business preservation, retain existing jobs. These Program guidelines have been formally adopted by the Lender and approved by the state CDBG program. 2.0 BUSINESS ASSISTANCE PROGRAM OVERVIEW 2.1 PROGRAM ADMINISTRATOR The Lender will GeG61Fe the eNiGe-shas secured the services of its subrecipient, Community Development Commission of Mendocino County, of a qualified program administrator and here after called "the Administrator" who has experience in originating business assistance loans and is familiar with state CDBG requirements. The Administrator's detailed scope of services will be negotiated and included in a formal agreement for services executed between the Lender and Administrator. In general, the Administrator will market the Program, accept and process applications, underwrite and recommend approval of loans, ensure proper loan closing and disbursement of funds, maintain loan files and fiscal records and support the Lender's staff in administration of state grants and program income used to fund this program. The Administrator will follow and ensure compliance with these guidelines. 2.2 PROGRAM SERVICE AREA Financing under this Program is available to all eligible businesses located in the jurisdictional limits of the Lender. These CDBG funds may not be used in urban areas that receive CDBG funds annually from the federal Department of Housing and Urban Development (HUD) entitlement program. 2.3 SOURCE OF PROGRAM FUNDS The Program is capitalized with CDBG funds provided by HUD to the State of California Department of Housing and Community Development, here after called "the Department". CDBG funds are federal funds and as such have a number of federal requirements that must be met, as described below. CDBG funds come to the Lender from two sources: 1) Department grant awards to the Lender that are administered under a state grant contract; 2) loan funds repaid from previous CDBG activities (grant and program income loans), called CDBG program income funds, administered under a Lender adopted program income reuse plan. As loans are originated under this program the repayments from those loans are Adopted 2011 returned and re -loaned out again to other eligible businesses. 2.4 ELIGIBLE LOAN APPLICANTS Loan applicants for the Program must be existing legal businesses with a proper local business license, proper insurance and required permits per state and federal requirements. If an applicant is a new start up business and does not have proper licenses or insurance, then these items can be made a condition of funding the loan. The business can be a tenant leasing space or an owner of property where the business is located. The existing business must create one or more new permanent full time equivalent (FTE) jobs. The business may also qualify by showing job retention such that the business will be closing down or cutting staff if not for investment of CDBG funding. Retention applicants can be businesses that are shutting down permanently or moving operations overseas. They must prove that CDBG funds will allow them to stay in the current location. Loan applicants can also be commercial developers or commercial property owners that have property they want to build on or existing commercial space they need to fill with tenants. CDBG funds can be used for tenant improvements to help fill project's spaces. Funds can also be used to pay for off-site infrastructure costs of a new construction development project. For these projects, the developer and all the partners must be underwritten with of the development AND each business locating in the development must be underwritten in accordance with these guidelines. 3.0 CDBG PROGRAM REQUIREMENTS 3.1 ELIGIBLE ACTIVITIES Funds under this program are restricted to certain eligible costs. Some common eligible costs are: 1) operating capital; 2) furniture fixtures and equipment (FF&E); 3) rehabilitation of leased space or owned buildings (including engineering and architectural and local permits or fees); 4) purchase of manufacturing equipment (with or with out installation costs); 5) refinancing of existing debt when done in conjunction with financing other eligible costs; 6) purchase of real property; 7) required off site improvements; 8) relocation grants for persons displaced due to funding of the project. Loan funds will be disbursed on a reimbursement basis incrementally as eligible costs are verified. Funds under this Program are provided to eligible businesses as loans. Eligible loans are underwritten with the similar standards and documentation as used by private commercial lenders: credit scores, equity contributions, historic income, projected income, collateral, and debt coverage. CDBG underwriting can be more flexible in some instances depending on the business and amounts requested. The terms of the loan are typically more favorable than conventional commercial lenders with lower interest rates and longer terms for repayment. These more favorable terms must be balanced by the borrower and Lender with the requirements to create jobs and meet other CDBG program requirements. The Administrator will work closely with the eligible businesses to ensure they Adopted 2011 understand the requirements of the Program and the benefits of participating. 3.2 INELIGIBLE USE OF FUNDS Projects that do not create and/or retain permanent jobs are not eligible. Projects that are primarily housing in nature are not eligible. Projects not meeting a CDBG national objective or public benefit or federal CDBG underwriting standards are not eligible. Projects must have reasonable assurance of repayment of loan funds. Funds under this Program will not pay for reimbursement of expenses incurred prior to Department and local loan approval and/or completion of project's environmental review. Program funds will not be used to facilitate the movement of a business from one labor market area to another, as per job pirating restriction under HUD's regulations. Once approved, loan funds cannot be shifted from one approved type of cost to another without formal written approval. Funds cannot be used to support other businesses the borrower may have an interest in. Non profits are not eligible to use funds for furniture fixtures and equipment (FF&E) or working capital. Funding a project with out Department review of loan underwriting and written approval will make the project ineligible. 3.3 MEETING A NATIONAL OBJECTIVE All CDBG funded loans must meet a CDBG "National Objective" as described in the federal regulations and statutes. Furthermore, state regulations require CDBG economic development funds to meet one of the two CDBG national objectives described below. First, use of funds meeting the National Objective of "benefit to low income households" will require that the business receiving CDBG financing provide fifty one percent (51%) of the jobs created to low income persons. In order to meet this requirement, a third party designated by the Lender must certify family income levels of newly hired or retained employees to document that over half of them are qualified as low income To ensure this requirement is met, the Lender will require low income job creation in the CDBG loan documents signed at loan closing. All employee information is confidential and will not be released. Second, use of funds meeting the National Objective of "elimination of slums and blight" must show that the business being assisted is located in a redevelopment agency area (meets state redevelopment law definition of blighted area) or an area formally designated as blighted by the Lender based on a survey of properties in the area. These designated areas of blight must be approved by Department staff. Documentation of meeting this national objective is done by providing a map of the redevelopment area or area designated locally as blighted and also showing the business's address/location within the designated redevelopment or blighted area. In addition, as part of loan approval, CDBG assistance must be documented as directly assisting the project such that area blight is eliminated or prevented. Adopted 2011 3.4 MEETING PROPER PUBLIC BENEFIT REQUIREMENT Because a private business is receiving public funds, CDBG regulations require the creation of jobs by the business to show public benefit. Under the HUD federal regulations one full time equivalent (FTE) job must be created for each $35,000 in CDBG assistance provided. So for one dollar to $35,000 in CDBG financial assistance provided by the Lender, one FTE position must be created. Part time staff may be combined to make up one FTE. One FTE consists of 1,750 staff hours. Two FTE jobs must be created for assistance between $35,001 and $70,000. As with the national objective requirement outlined above, the CDBG public benefit requirement will be enforced via a loan agreement that the borrower executes at loan closing. The loan agreement requires that the business provide payroll documentation to the Lender or the Administrator showing job creation sufficient to meet $35,000 per FTE requirement. Once sufficient jobs have been created and documented is supplied to the Lender then no more monitoring for jobs will be required. CDBG loans are meant to create long term employment opportunities but ongoing long term monitoring is not required. Each person who is a new hire or is in a position retained because of CDBG loan funds, must complete a self certification form. This form must be completed and provided to the Lender so that the demographic and income information can be put into the Annual Grantee Performance Report submitted to the Department. See Attachment A: CDBG Economic Development Loan Underwriting Resource for copy of sample self certification form. 3.5 OTHER FEDERAL REQUIREMENTS There are a number of other federal laws and requirements that are triggered by use of CDBG funding. The Lender and Administrator will take the lead and ensure compliance with these other CDBG regulations in conformance with standards set by the HUD. Impacts these federal regulations will have on a proposed project will be explained to the borrower at the time of loan application. National Environmental Policy Act (NEPA) regulations require an Environmental Review Record (ERR) to be submitted for each project / business funded with CDBG monies prior to award or approval of funds. The Lender is required to complete the proper NEPA review along with any state review under California's Environmental Quality Act (CEQA) review. The ERR level of review is based on the type of project proposed and ALL aggregated activities to be undertaken. The Administrator may complete the ERR for the Lender but the Lender must sign and take legal responsibility for the review. State CDBG staff must review and approve the ERR prior to loan approval or moving forward with the project. Applicants will be informed of any additional time required for loan processing due to the NEPA review. The ERR will be done as soon as the Administrator Adopted 2011 determines that the project is eligible for funding. No costs will be charged to the borrower for this process. Once an application is submitted no activities can be done on the project until completion of the ERR as this would be a choice limiting action under NEPA regulations. Davis Bacon Federal Prevailing Wage Compliance is required when CDBG funding is used to pay for construction costs. This can add additional costs to projects that require CDBG funds for construction (for example: equipment installation or tenant improvements). In addition, state prevailing wage may be triggered in the use of CDBG funding. Loan processing staff will work with businesses to ensure funded businesses and projects are in compliance and disclose any additional time or work required due to the HUD federal prevailing wage regulations and federal procurement standards. Any additional costs resulting from this regulation will be incorporated into the business loan and subsidized with the CDBG funds. Acquisition and Relocation laws may be triggered when using CDBG funds (24 CFR 570.606). Acquisition laws, both federal and state, must be followed when CDBG funds are used to assist in the purchase of real property. In the same way, federal and state relocation laws apply whenever there may be displacement of a person or business because of the use of CDBG funding. Loan processing staff will work with loan applicants to ensure the business is in compliance any state or federal acquisition /relocation laws triggered by the project. Applicants will be informed of any additional time or costs or administrative work required due to acquisition or relocation regulations. Required DUNs number, verification of not being on federal debarred list and insurance. All businesses who wish to receive funds under this Program will be required to obtain a DUN's number. The DUN's number is free and can be obtained on line. In addition, prior to funding, the Lender will require that each business be checked to confirm they are not on the federal debarred contractors list. HUD also requires that the Department and the Lender collect certain income and demographic data from the business and any new hires resulting from the investment of CDBG funds. Applicants will be required to obtain all proper licenses and insurance to operate legally in the community. Six (6) HUD Loan Underwriting Standards are required to be met by each CDBG loan. As previously mentioned, the loans originated under these guidelines will be underwritten using typical commercial loan underwriting criteria. There is some flexibility in how the underwriting criteria are used so the funds under this program are more advantageous than commercial business loans. In addition to the commercial lending underwriting criteria, HUD requires that six additional underwriting criteria be used because CDBG funds are public funds being provided to private for profit businesses. See Attachment A of these program guidelines for a list of the six (6) criteria and how to comply with them. Adopted 2011 Using CDBG Program Income (PI) funds first is required. Lender must always use local PI on hand for the same activity first prior to drawing down funds from a state open grant. If the Lender has local CDBG program income funds on hand in a business assistance revolving loan account then the Lender will expend local program income first to fund a loan prior to requesting open grant funds from the Department. 3.6 REQUIRED LOAN REVIEW BY DEPARTMENT STAFF Department staff must review each business assistance loan for procedural compliance with federal regulations and these adopted program guidelines. Upon review of local loan underwriting done by Lender or third party Administrator, a formal written approval letter will be issued by the Department. See Attachment B of these guidelines for a copy of the Department's current Loan Approval Checklist and guidance on underwriting different types of business assistance loans. Note: It is recommended that the loan approval package be submitted to the Department for review prior to getting formal local approval. Once the Department has approved the loan underwriting process and CDBG regulation compliance, then the Lender can take the loan to the local loan committee for approval. 4.0 LOAN PROCESSING AND APPROVAL 4.1 PROGRAM MARKETING Program marketing will be conducted by Administrator and Lender staff. The designated staff for the Administrator will arrange local media coverage with ads in local papers. Marketing brochures will distributed to local chamber of commerce and business networking organizations. Presentations will be scheduled for rotary and real estate organizations in the area. Local commercial lenders will be contacted and information will be provided. Flyers will be sent to all local business owners in the program's service area. Lender staff will work closely with Administrators to ensure maximum outreach and program education takes place in the service area and applicants received the same information regarding the program and are processed in accordance with these locally adopted program guidelines. 4.2 FAIR LENDING COMPLIANCE This program will be implemented in ways consistent with the Lender's commitment to fair lending laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Program funds on the basis of his or her religion or religious affiliation, age, race, color, ancestry, national origin, sex, marital status, familial status (number or ages of children), physical or mental disability, sexual orientation, or other arbitrary cause. All personal Adopted 2011 information of loan applicants will be kept confidential. 4.3 LOAN APPLICATION PROCESSING Loan applications will be processed on a first come first served basis. The Administrator will accept loan applications and review them for initial eligibility. Applications that do not meet basic requirements of the program will be returned with an explanation of requirements needing to be met. Applications that do meet basic eligibility requirements will be sent out instructions with requests for additional information. The Administrator may also meet with the business owners and visit the site of the business. Loan files will be set up as applications are received and proper information gathered. The Administrator will pay a visit to the businesses location and meet personally with the owner(s). Technical assistance will be provided as needed to help the business provide proper information for loan underwriting. The business will be required to provide proper financial information and agree to have credit checks conducted as part of loan processing. The Administrator may provide sample financial forms (balance / cash flow sheets, profit and loss, personal financial statements, pro formas) but in no instance will the Administrator's staffs or Lender's staff fills out financial forms for applicant. The applicant will be referred to local supporting resources like local business assistance development organizations are available to assist applicants in producing proper financial statements, a formal business plan, a market study or accounting classes as needed. Loan applicants are responsible for providing accurate and timely information to the program administration staff as part of the loan process. This includes disclosing any other businesses owners have 20% or more interest in. All the owners of the business, owning 20% or more interest in the business must provide proper financial information. Borrower(s) will be required to provide sources of security that the Lender can lien. Borrower(s) will provide financial information from the past performance of the business with explanations of special circumstances of past performance. Owner(s) must provide information on equity invested in the business to date and any current assets available for equity investment into the project. Borrower will be required to work with accounting staff to determine future income projections for the business that are reasonable and in line with past trends of the business. If the loan applicant does not provide required information and documentation to the Administrator in a timely fashion, then any delays in the loan approval process is not the responsibility of the Lender or Administrator. Once the Administrator has compiled a complete loan file with all the credit, financial, and underwriting information needed to show loan is eligible under these guidelines, then a loan committee approval memo will be drafted. The draft loan memo with proper documentation per the Attachment A loan approval checklist will be submitted to the Department for review. If the Department Adopted 2011 approves the loan's underwriting then it will be submitted to the Lender's Loan Approval Board (LAB) for approval. Once the loan is approved by the LAB then loan documents can be drawn for loan closing. 4.4 PROGRAM LOAN ADVISORY BOARD The Loan Advisory Board (LAB) shall be made up of an odd number of persons. The Lender's staff shall ask LAB members to volunteer for this board. The LAB members can be from local financial institutions, the Lender, or other interested parties who have the professional capacity to review and evaluate commercial loans. See Attachment A for sample LAB loan approval memo. LAB loan review and approvals will take place after Department review and approval. If the LAB makes significant changes to the approval then the loan must be resubmitted to the Department for a second review and final approval before funding. LAB meetings will be scheduled by Lender staff in conjunction with Administrator staff once a loan has been underwritten and is ready for review and approval. LAB members are responsible for reviewing each loan application funding proposals and making recommendations to the Lender. LAB may request additional information and or attach contingencies for final approval and loan closing. 4.5 LOAN APPLICANT CONFIDENTIALITY Persons serving as the Administrator and Lender and LAB for this Program will not disclose any of the Borrowers personal confidential information as part of loan approval process. All confidential information of businesses will only be disclosed to persons required to view the information as part of loan review and approval. All personal and business confidential information of loan applicants will be kept in a locked secured storage facility and not be available to persons outside of the program. If the Lender or Administrator or Department get a request for public records for a loan applicant then only non -confidential information, as verified by legal council, will be provided. 4.6 APPLICANT DISPUTE RESOLUTION/APPEALS PROCEDURE Any business applying for assistance through this CDBG program has the right to appeal if their application is denied. The appeal must be made in writing to the Administrator and the Lender. The LAB will schedule a meeting for the appeal to be heard. If the application is denied a second time then the person may ask to have their appeal presented to the Lender's governing body for a final decision. The Administrator is responsible to the Lender to assure that the Program is implemented in compliance with state and federal regulations. In addition, loans must be underwritten in accordance with proper program guidelines in a timely and responsible manner. This includes developing accurate and professional files, work write-ups and contract documents. The Administrator or their representatives will ensure the funded activities are completed and the jobs are created in accordance with federal regulations. Adopted 2011 4.7 NO CONFLICT OF INTEREST ALLOWED In accordance with Title 24, Section 570.611 of the code of federal regulations, no member of the governing body and no official, employee or agent of the local government, nor any other person who exercises policy or decision-making responsibilities (including members of the loan committee and officers, employees, and agents of the loan committee, the administrative agent, contractors and similar agencies) in connection with the planning and implementation of the CDBG program shall directly or indirectly be eligible for this program. Exceptions to this policy can be made only after public disclosure and formal approval by the governing body and authorized in writing by Lender's legal counsel. In the event representatives from the financial community on the LAB have a separate financial interest (excluding regular checking and savings accounts) in a loan applicant, such member will not participate in loan deliberations. 4.8 EXCEPTIONS / SPECIAL CIRCUMSTANCES Exceptions are defined as any action, which would depart from policy and procedures stated in the guidelines. For example, if the cost of rehabilitation for critical code deficiencies exceeds 100% of the after -rehabilitation value of the property, the LAB can, on a case-by-case basis, accept a partially secured loan. The Lender or its agent may initiate consideration of an exceptional/special circumstance. A report on the situation will be prepared. This report shall contain a narrative, including the staff's recommended course of action and any written or verbal information supplied by the applicant. The Loan Committee shall make a determination of the exceptional/special circumstances request at a regular or special meeting. Loan payments may, on a case by case basis, be deferred for a period of time to allow a start up or expansion of a business to take place. This payment deferral determination is made by the Administrator based on the break even point of the business in the future and the ability of the owner to pay themselves for their efforts. 4.9 LOAN CLOSING PROCESS Upon approval by the CDBG Program, the Administrator and Lender will prepare for the loan closing. The Borrower will sign all the necessary documents and agreements. The Lender will request a drawdown of CDBG funds from the Department. The Administrator will prepare the loan closing documents; prepare title and lien searches, and UCC -1 filings, if appropriate. Lender legal counsel will review all agreements and documents, as necessary. Escrow companies may be used to close loans and secure liens. Adopted 2011 5.0 DESCRIPTION OF LOANS 5.1 DETERMINATION OF LOAN AMOUNT The Program has no maximum loan amount. Typical loans are anticipated to be below $200,000 per applicant. As per Department requirements, loans in excess of $250,000 must be formally approved by the Department's Economic Development Advisory Committee (EDAC). This additional EDAC approval typically adds 60 to 90 days to the loan approval process. Loan amounts will be determined based on number of jobs to be created or retained, the ability of the business to service the new CDBG loan payment, and the reasonableness of the costs to be paid for by CDBG. If there are not sufficient CDBG funds for the project then the program administrator can assist in locating other public or private funding to leverage CDBG funding with. 5.2 DETERMINATION OF LOAN TERM The loan term is tied directly to what is being funded and what security is being pledged for the loan. If a business only wants operating capital then the term of the loan is normally five to seven years. If a business wants to pay for equipment and supplies then the term of the loan can be extended out to 10 years. If the loan is for real property improvements and can be secured on real property, then it can be secured for 20 to 30 years. Staff will confirm that the proper term is given based on the use of the funds and collateral being provided. 5.3 DETERMINATION OF LOAN INTEREST RATE Most loans will have an interest rate of zero to three percent (0-3%). This rate may be increased if the investment of CDBG funds at the three percent level causes the business to have an excessive profit. National standards of business profit margins will be used for comparison to make this determination. The loan's interest rate will be determined based on the underwriting analysis done by the Administrator. Some of the factors that will drive the interest rate costs are: 1) amount of equity the business brings into the proposed project; 2) ability of business to service the loan; 3) the rate of return the borrower will received with a lower interest rate; 4) credit risk factors and management experience will also be used to determine what interest would best work for the business. By allowing the interest rate to move and not be fixed, the Lender can best tailor the loans under this program to meet the needs of different businesses in the community. 5.4 LOAN PROCESSING FEES The CDBG program provides administration funds to pay for loan processing costs. No direct loan fees will be charged to the borrower. However, a loan servicing fee will be charged to the borrower upon close of the loan. This amount will not pay for any costs already paid for by program activity delivery. There is no pre -payment penalty on the loans under this program. Adopted 2011 6.0 LOAN UNDERWRITING STANDARDS 6.1 INITIAL LOAN EVALUATION Each project / business will be evaluated based on the how it has performed in the past and its future financial forecasts. Specifically the following will be questions will be asked upon receipt of a loan application. • Will the business create or retain jobs? • Will project meet a CDBG national objective? • Are the costs to be paid CDBG eligible? • Are the business and all owners' credit worthy? • Do they have good "character" (pay bills on time, collect on time)? • If a start up, does business have management capacity? • Does start up have solid business plan and document market demand? • Does the business have financial expertise to expand or start up? • Is the owner(s) contributing a reasonable amount of equity? • Is the owner able to get conventional bank financing, if not, why not? • Was the business financially viable in the past (net income covers debt)? • Are there reasonable financial assumptions for future viability/success? • Is there enough collateral available to secure the loan funds? By collecting enough initial application information from the Borrower(s) to answer the above list of questions, the Administrator will have a good sense of how strong a borrower is and how successful they will be if given a CDBG loan. Most of this information is verbally collected at the initial site visit with the owner. By meeting the borrower and asking these questions the Administrator will know what additional information/documentation needs to be collected to provide a clear picture of how CDBG funds can be used to assist the applicant. These questions demonstrate the need for CDBG funds. After the initial review the Administrator/ application processor will collect the proper information required for loan underwriting. The required documentation is listed in the CDBG underwriting guidance document included in Attachment A: CDBG HUD Loan Underwriting. The amount of documentation and detailed underwriting is based on size of the loan and type of business (existing or start up) and whether job creation or retention is used. Additional documentation may be required to clarify special circumstances of the business. Below are some to the basic underwriting requirements for a typical loan applicant. 6.2 PERSONAL AND BUSINESS CREDIT REQUIREMENTS Each applicant will have third party credit reports obtained for them. All owners of the business with 20 percent or more interest will have credit reports provided for them. The primary applicant business and all associated businesses of the owners (20% or more ownership) will have a Dunn and Bradstreet report done on them as well. Adopted 2011 Most credit reporting services will provide credit scores. For this program, credit scores of 550 and above are considered good credit. If no credit scores are available then a narrative must be summarized by the Administrator to give a justification for making a determination of good or bad credit. This same narrative process will be used for the business credit reports to demonstrate the good standing or poor standing of the business being evaluated. 6.3 PERSONAL AND BUSINESS FINANICAL INFORMATION Personal financial statements will be required for each person who owns 20% or more of the business. Financial statements need to show all assets and liabilities of the person. In addition to these statements, federal tax return statements for owners and the business for the past three years are needed to give a historic perspective of income. For the business, historic financial statements will be required. These will consist of past three years balance sheets and cash flow statements. These statements should be put together by the person responsible for doing the bookkeeping and finance management for the business. Based on these statements the Lender can develop ratios for debt service and payment history, etc. The business will also need to provide future projected financials. These will consist of pro formas showing projected revenue and costs for the business on a monthly basis for each fiscal year for three years out. Start ups may need to provide five years of projections. These pro formas need to be completed showing the business projections with CDBG financing and showing the business with conventional financing. This will provide evidence of the benefit / increased profit the business is receiving by using the more affordable CDBG loan. These pro formas must also show the increased costs of the business due to the new jobs created and the additional CDBG debt service. Combined debt coverage ratio on the project with proposed CDBG financing should not be less than 1:10. Meaning for every dollar in debt, the borrower has one dollar and ten cents to in net income to cover those loan payments. A project sources and uses form must be provided to show what funding is required to complete the proposed loan activity. This form will show the owners equity as well as private bank financing and any other investments from other sources. The sources and uses give a clear idea of what costs the CDBG loan will cover and it's information must be reflected in the pro formas as described above. Using the information in these financial statements, along with any back up documentation required, will allow the Administrator to do the project's underwriting analysis. This analysis will include both the conventional lending underwriting and HUD required underwriting. Adopted 2011 6.4 COLLATERAL REQUIREMENTS All loans under this program will be collateralized using normal commercial lending standards. Collateral coverage will be assessed based on assets available as security and the level at which they are already liened. CDBG funding is typically in a subordinate position to banks and other lenders. It is the goal of the Program to get the best lien position possible to ensure loan repayments and permanent job creation. Types of collateral may include: • Secured liens on real property, • UCC liens on machinery, equipment, or other fixtures, • Lease assignments, as appropriate, • Personal and corporate guarantees, as appropriate, and • Life insurance and other collateral, as appropriate. Appraisal of assets may be required as part of determining how to obtain the best lien positions for the CDBG loan. Combined loan to value ratio on collateral for the typical CDBG loan should not exceed ninety percent (90%). Equipment and inventory secured should be properly discounted to reflect actual resale value when doing loan to value calculations. 6.5 BUSINESS EXPERIENCE AND MANAGEMENT CAPACITY The Administrator will obtain resumes and management histories to show the experience of business owners and their management staff in successful operation of the existing business or something comparable. This will be most important with start up businesses or with applicants that wish to use CDBG funds to purchase an existing business that is closing. 7.0 LOAN SERVICING 7.1 Loan Servicing Agent Program loan repayments will be collected by Lender's Administrator. Gross collected payments will be provided to the Lender for deposit into the proper CDBG program income revolving loan account(s) in accordance with the currently approved CDBG program income reuse plan. All costs for loan collection activities will be billed separately by the loan servicing agent to the Lender. Payment of loan service agent will be done using the reuse plan's general administration annual allowable costs. The Lender's loan servicing agent will provide itemized accounts of what open grants or program income accounts the loans making payments came from. This information will allow the Lender to do proper program income reporting to the Department. The Lender will require periodic financial statements from borrowers (typically annual) to be reviewed by the loan servicing agent. Upon reviewing the borrower's financial statements, the loan servicing agent will be able to determine how well the business is doing and if the business needs technical assistance to improve their business model. This review will also allow the Lender to be proactive in exercising liens on the borrower's assets if it is clear the business is going to close. Adopted 2011 7.2 Loan Servicing Policies The lender has adopted a set of loan servicing policies that outline how the loan servicing agent will proceed if payments are late or no payments are received. The policies also outline how loan files will be set up and protected. These policies are available upon request from the Lender. 8.0 PROGRAM OVERSITE BY LENDER 8.1 OVERSITE OF PROGRAM ADMINISTRATOR The Lender's staff 4111 -ender and Administrator's staff will serve as the primary contact' with the State CDBG program representative for the Program. Lender's staff will be responsible for seGUring overseeing services of a qualified the Administrator for implementation of this Program. The agreeMeRt or a NOR profit Development Organization Anreern u The Administrator will follow these adopted program guidelines. The Lender's staff will work directly with the Administrator and be kept informed of all marketing efforts and outreach. The Administrator will provide a monthly tracking sheet to the Lender's staff that shows all applications received and in different stages of process. As per the agreement between the Lender and Administrator, all required reports for the Program will be reviewed and approved by the Lender's staff prior to any signatures. For financial reporting, the Lenders staff will ask for the Lender's fiscal staff to review and approve each fiscal report. Once a loan is able to be approved, the Lender's staff will review the loan package and coordinate submittal to the State for review and approval. When State CDBG written approval is given, then the Lender's staff will schedule a Loan Advisory Board (LAB) meeting for loan approval. The Lender's staff will ensure all loan documents are properly reviewed by legal staff and meet CDBG requirements prior to signing by the borrower. 8.2 OVERSITE OF LOAN SERVICING AGENT The loan servicing agent will be the program administrator who will comply with local loan servicing policies when collecting payments. The Lender's staff will ng agent will Gernply with local leal I 1�j D0liGieS when GE)118Gting pats. All loan repayments of past CDBG economic development loans will Adopted 2011 be servicedbar the administrator experienced in collecting and servicing business loans. b" one agenGy experienced in nnllerting and seNining business Innnc The Lender's staff will work closely with the loan servicing agent in monitoring the Lender's existing economic development loans. The Ivan seFViG!R agentAdministrator will give monthly reports on the status of loan payments to be reviewed by the Lender's Program over site staff and fiscal staff as well. If the loan servicing agent needs to visit a borrower to talk about late payments or discuss how the business is doing, then the Lender's staff shall be invited to attend the meeting as well. At each LAB meeting the Lender's staff and Ivan seryining agentodministrator will brief the members on any problems or concerns regarding repayments of existing loans. This includes decisions to foreclose and declare defaults. In addition, the governing body will make the final decisions regarding loan collection in conjunction legal counsel and staff. Administrator's staff will complete the required State CDBG financial reports for program income, complete the proper quarterly and annual program income reports for review, approval, signature and submittal by the Lender to the State CDBG r)roaram representative. Lean serViastaff Will GGMolete reauOred Stat _••- r" -r'-. Imo. ------ I —.--.....--.. 1--0._.... ..._-...- •-r-•_- • -• •-..-..I -.r r._.-.., signati ire and submittal by the Lender to the State (' DBG nregram represeRtat+ve.Lender staff will consult and monitor the loan servicing agent in the same way the Administrator is monitored. Adopted 2011 Ci ty al -Z-1kjah ITEM NO.: 12a MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: CONTINUATION OF DISCUSSION AND CONSIDERATION REGARDING UPDATING PROCUREMENT POLICY AND LIMITS, AND CORRESPONDING RESOLUTIONS. Summary: At the Council Meetings of October 19th, 2011 and November 2nd, 2011, the Council discussed and considered changing the current reporting and award limits as outlined in Ukiah City Code Section 1522. Council also discussed and considered extending the change order authority for supply and equipment purchases, maintenance contracts, and professional services contracts. The Agenda Summary Report from the November 2nd meeting is included as Attachment #1 for reference. As a result of the November 2nd meeting and Council's direction at that time, the attached draft resolutions were prepared addressing these issues. Resolution of the City Council of the City of Ukiah increasing the dollar limits for open market procurements pursuant to Ukiah City Code Section 1522 (Attachment #2) • Current Council Reporting Limit: >$5,000 to $10,000 Proposed Change: >$20,000 to $30,000 • Current Required Council Award: >$10,000 Proposed Change: >$30, 000 • Remove limits for the following purchases of consumables: a. Electric Utility purchases of: i. Conductor cable; ii. Power poles; iii. Transformers; iv. Vaults; V. Switchgear vi. Miscellaneous routine inventory replacement items. Continued on page 2 Recommended Action(s): 1. Approve a resolution increasing the dollar limits for open market procurements pursuant to Ukiah City Code Section 1522 and authorize staff to complete the resolution process. 2. Approve a resolution delegating authority to City Officials to issue change orders on supply and equipment purchases, maintenance contracts and personal services contracts. Alternative Council Option(s): Do not approve draft resolutions, and provide alternate direction to staff. Citizens advised: N/A Requested by: City Management Team Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Assistant City Manager, and David Rapport, City Attorney Attachments: Attachment 1 - Agenda Item 12b, November 2, 2011 Attachment 2 — Draft resolution regarding Increased Dollar Limits Attachment 3 — Draft resolution reaardina Chanae Orders Approved: J ne Chambers, City Manager b. Water and sewer utility purchases of: i. Chemicals for water and wastewater treatment; and ii. Miscellaneous routine inventory replacement items. C. Fuel d. Software Maintenance Contracts Resolution of the City Council of the City of Ukiah delegating authority to City Officials to issue change orders on supply and equipment purchases, maintenance contracts and personal services contracts (Attachment 93) • Current Change Order Limit for Public Construction Only: 10% of the original contractor $5,000, whichever is greater • Proposed Change: Apply the 10%/$5,000 change order limit to professional and maintenance services; 10% only limit to supply & equipment purchases C,rty a>-ez- afi ITEM NO.: 12b MEETING DATE: AGENDA SUMMARY REPORT ATTACHMENT I November 2, 2011 SUBJECT: CONTINUATION OF DISCUSSION AND CONSIDERATION REGARDING UPDATING PROCUREMENT POLICY AND LIMITS. Summary: In a time of increased workloads, reduced staffing and reduction in work hours, staff has identified potential efficiency measures that could be implemented with the revision of outdated procurement policies and limits that are 20 years old. The current limits required the preparation of 151 formal reports last fiscal year for purchases. The majority of these reports were for relatively routine and/or minor purchases under $30,000. This discussion was first brought to Council at the October 19th meeting, seeking input on amending the City's procurement policy and limits to a level consistent with other Cities, while maintaining an acceptable level of public accountability that is consistent with industry standards. As a result of that meeting, more information was requested of staff in order to better assist Council to provide further direction, which is the purpose of this report. Discussion regarding Council Reporting Limits. The Ukiah City Code Section 1522 regarding purchasing procedures requires City staff to report to Council any purchase made over $5,000 and not more than $10,000, and also requires any purchases over $10,000 to be awarded by Council. These limits were established by Ordinance No. 918 in 1991. An analysis was done prior to the October 19th meeting to determine how many purchase orders (POs) were issued during Fiscal Years 2009/2010 and 2010/2011 that qualified for this reporting. At the request of the Council, with information that is readily available, staff further analyzed the types of purchases that fell within these same areas, as well as the total number of PO's issued for each fiscal year. The following is a result of this revised analysis: PO COUNT ANALYSIS — REQUIRED COUNCIL REPORTING OR ACTION Dollar Range 2009/2010 Type of PO* 2010/2011 Type of PO* # of POs M P C FIP # of POs M P C FIP >$5k to $10k 58 1 44% 32 21 5 0 71 47% 36 26 9 0 >$10k to $15k 10 8% 4 4 1 1 20 13% 9 8 1 2 >$15k to $20k 8 6% 4 3 1 0 7 5% 4 3 0 0 >$20k to $25k 4 3% 2 1 1 0 1 1 7 5% 3 1 3 1 1 0 >$25k to $30k 6 5% 1 2 21 6 4% 3 2 1 0 >$30k 47 35% 13 18 16 0 40 26% 10 20 10 0 Total: 133 56 49 25 3 151 65 62 1 22 1 2 Total POs issued: 687 1 629 *M=Materials, P=Professional Services, C=Construction-type, FIP=Fagade Improvement Program Grant Recommended Action(s): Provide direction on amending procurement policy and limits. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Management Team Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager and Sage Sangiacomo, Assistant City Manager Attachments: Section 1522 of Municipal Code, Policy Resolution No. 13, CAPPO Survey Approved: Jane Chambers, City Manager It is estimated that it takes 2 to 6 hours of staff time to process each Agenda Summary Report (ASR). This includes writing the report, reviews, approvals, printing, distribution and web posting — all involving several different staff members. Not included in the analysis is the amount of Council time reviewing each report. Below is an estimate of the total staff time involved with purchase related ASR processing based on the PO analysis provided above. Also provided, as requested by Council at the October 19th meeting, is a labor rate range (provided by the City Manager and Director of Finance) of $28-$50 per hour, to show the estimated labor cost of producing an ASR. CURRENT ASR PROCESSING TIME Fiscal Year: 2009/2010 2010/2011 Average Total number of POs: 133 151 142 *Total Staff Time: 266-798 hours 302-906 hours 284-852 hours Cost to produce ($28/hourx Total Staff Time): $7,448- $22,344 $8,456 - $25,368 $7,952 - $23,856 Cost to produce ($50/hourx Total Staff Time): $13,300 - $39,900 $15,100 - $45,300 $14,200 - $42,600 *Based on 2-6 hours x total # of POs To include a broader perspective, information was sought as to what other agencies use as board approval thresholds. A survey was performed in 2010 by the California Association of Public Purchasing Officers, Inc. (CAPPO) that provided this information. Based on the 154 agencies that participated in this survey, the average, excluding thresholds exceeding $100,000, was $44,633. The City of Ukiah's threshold for Council approval is currently $10,000. The City Council additionally requested to see dollar threshold limits for cities specifically comparable with Ukiah. For this purpose, staff is using the same cities that are used for salary surveys, which are Eureka, Grass Valley, Hanford, Healdsburg, Hollister, Lompoc and Woodland. At the request of some members of the public, the City of Willits and the City of Fort Bragg have also been added to this group. Lompoc was the only city out of this group that had participated in the 2010 CAPPO Survey, necessitating further research. Below is a table showing the comparable cities, their thresholds, and resulting combined average. (Please note that this average comes out to be almost exactly the same as the combined average of the CAPPO survey.) COUNCIL/BOARD APPROVAL — COMPARABLE CITIES City Council/Board Approval Required Eureka $15,000 Grass Valley $25,000 Hanford $20,000 ($30,000 for Street Maintenance Materials) Healdsburg $25,000 Hollister $20,000 Lompoc $100,000 Woodland $125,000 (currently amending Public Works only to $175,000 Willits $25,000 Fort Bra $50,000 Average: $45,000 It was also investigated what number of purchase -related ASRs were pulled from Consent Calendar, and how many did not pass. According to the City Clerk's records, in Fiscal Years 09/10 and 10/11, only 4 items total were pulled, and only 1 did not pass. Of the ones that were pulled, their dollar thresholds were large enough that they would not be impacted by our proposed changes. Discussion regarding Authority to Approve Change Orders. Policy Resolution No. 13 delegates authority to City officials to issue change orders in the amount of 10% of the original contract sum, or $5,000, whichever is greater, without exceeding the total amount that the City Council has previously budgeted for the project unless Council separately authorizes an additional appropriation, on public construction contracts only. If a change order is required for more than this amount it then goes back to Council for further approval. This authorization does not currently exist for supply and equipment purchases, maintenance contracts, or professional services contracts that require Council action. The effect of this is that staff has to either delay the purchase or contract, and come back to Council for further action, or remember to request this authority each time an ASR is written when originally requesting Council award in order to manage minor contingencies. STAFF RECOMMENDATIONS: Change of Reporting Limits. Staff proposes changing the reporting limits outlined in Ukiah City Code Section 1522 to the following: Current Council Reporting Limit: >$5,000 to $10,000 Proposed Change: >$20, 000 to $30, 000 Current Required Council Award: >$10,000 Proposed Change: >$30, 000 By changing the reporting limits as recommended, approximately 60% fewer purchasing related ASRs on average will be generated yearly. This will equate into a yearly time savings, in the area of ASR preparation, of about the same percentage, as illustrated below: Current Average Requiring ASRs Projected POs No Longer Requiring ASRs Projected POs Requiring ASRs 142 POs yearly 87 55 POs yearly 284-852 staff hours 174 — 522 staff hours (savings) 110-330 staff hours Cost to produce ($28/hourx Total Staff Time): $4,872 - $14,616 $3,080 - $9,240 Cost to produce $50/hourx Total Staff Time): $8,700 - $26,100 $5,500 - $16,500 Furthermore, the $30,000 threshold is consistent with the California Uniform Public Construction Cost Accounting Act. (Please note, that pursuant to AB 720 that was just signed into law on October 9t", 2011 and effective January 1, 2012, the current dollar threshold of $30,000 or less to be performed by the employees of the public agency by force account, negotiated contractor, or purchase order, will be increased to $45, 000.) If the thresholds are changed as recommended, the purchases can only be made using Council approved budget, and will require additional Council approval if a budget amendment is required. Additionally, Council and the public will still be able to review these purchases, as they will continue to be reported through the Accounts Payable monthly disbursement report submitted as part of the Council Agenda Packet. Grant Additional Authority to Approve Change Orders. Staff proposes that the change order authority given for Public Construction Contracts, as outlined in Policy Resolution No., 13, be similarly extended to maintenance contracts, and professional services contracts. For material and supply purchases, it is requested that the change order authority be limited to 10% of the original contract sum only, less the "or $5,000 whichever is greater", as staff feels that this would be more prudent and appropriate for these types of purchase. This recommendation will be a great opportunity to save staff time, avoid unnecessary purchase delays, as well as streamline and provide consistency to the current process. OPEN MARKET, INFORMAL BIDDING AND CONTRACTUAL SERVICES PROCEDURE: A.Definitions: When used in this section, the following terms shall have the following meanings, unless another meaning is expressly stated when the term is used: CONTRACT FOR SUPPLIES AND EQUIPMENT: A contract for the purchase or rental of supplies and equipment, where the only service provided directly to the city involves the delivery and/or installation of the supplies or equipment, is incidental to the purchase, and where the value of the services provided under the contract is less than twenty percent (20%) of the total contract price. COSTING: As used in such phrases as "costing the city" or "costing more than" means the total cost to the city, including, but not limited to, applicable sales tax and shipping costs. The amount may be estimated before bids are received. If a bid is received for not more than ten percent (10%) more than the estimated amount, the procurement method specified for the estimated amount may be followed. LOCAL VENDOR: A business with a physical business address in Mendocino County at which location the owner and/or employees are regularly employed and with a currently effective business license issued by the city in which it is located or, if located in the unincorporated area, by Mendocino County. MAINTENANCE: Shall have the meaning provided in Public Contracts Code section 22002(d), as it currently reads or as it may be amended to read. OPEN MARKET PURCHASE: A purchase made without a prior written solicitation of formal bids. In making open market purchases, the purchasing officer is encouraged to take advantage of modern communications to obtain the lowest possible price, consistent with the city's needs, including, but not limited to, the use of the telephone, the internet and e-mail, and to use all reasonable means to solicit quotes or proposals from local vendors. The purchasing officer shall maintain a permanent public record for a period of one year from the date of purchase of each open market purchase, including the method used to obtain information from vendors, the quotes sought and received, the bid selected and the reason for the selection. PERSONAL SERVICES CONTRACT: A contract for professional or other services that does not involve the building or construction trades, but does include construction management, engineering, architectural and similar construction design or inspection services. PUBLIC PROJECT: Has the meaning provided in Public Contracts Code section 22002(c) -(d), as it currently reads, and as it may be amended from time to time. B.Purchases Of Supplies And Equipment: 1. Supply And Equipment Contracts Under Ten Thousand Dollars: Open market purchases may be used for contracts for the purchase of supplies and equipment costing ten thousand dollars ($10,000.00) or less, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Purchases costing more than five thousand dollars ($5,000.00) shall be reported to the city council at its next regular meeting following the purchase. The report shall include the information described in the definition of "open market purchase". 2. Supply And Equipment Contracts Over Ten Thousand Dollars: Contracts for the purchase of supplies and equipment costing more than ten thousand dollars ($10,000.00) shall be procured using the following procedures: a. Minimum Number Of Bids: Whenever reasonably feasible, the purchasing officer will award the contract based on at least three (3) bids. b. Notice Inviting Bids: The purchasing officer shall solicit bids by written request, including the use of e-mail or fax, and/or by telephone with written confirmation to follow within three (3) working days, which notice shall include such specifications and bidding requirements as the purchasing officer determines are appropriate to the work, and as are required by law. The purchasing officer shall make reasonable efforts to solicit bids from local vendors. c. Written Bids: Sealed written bids or bids submitted by e-mail or fax shall be submitted to the purchasing officer. The purchasing officer shall not disclose the contents of any bids submitted by sealed bid, fax, e-mail, or telephone, followed by timely written confirmation, until the time appointed to open or consider all submitted bids. d. Award Of Bids: Supplies and equipment shall be rented or purchased from the least expensive source, if the purchasing officer is satisfied that all sources and the products offered are of equal quality and suited to the city's needs. The purchasing officer shall maintain a permanent record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. The city council must award the bid based on the recommendation of the purchasing officer. 3. Cooperative Purchases: The purchasing officer may purchase supplies and equipment through a consolidated supply contract or other cooperative purchasing arrangement with another governmental agency, if available to the city and if the purchasing officer determines that the procurement method used by that agency provides a purchasing advantage to the city. C.Other Contracts: 1. Public Projects Contracts: a. Contracts for public projects shall be procured in accordance with the California uniform public construction cost accounting act 2, as it now reads and as it may be amended from time to time. b. Contracts for public projects costing thirty thousand dollars ($30,000.00) or less or such other amount as may be periodically established by the California uniform construction cost accounting commission pursuant to Public Contracts Code section 22020 shall be procured by open market purchase. c. Contracts to be performed for a city owned public utility, such as the city's electrical system, which are not public projects or subject to subsections C2 and C3 of this section, shall be procured in accordance with procedures adopted by the public utilities department and approved by city council resolution from time to time. In the absence of a resolution, the public utilities department may use the procedures specified in subsections C1 and C1 of this section. 2. Maintenance Contracts: a. Open market purchases may be used for maintenance contracts costing ten thousand dollars ($10,000.00) or less, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Maintenance contracts costing more than five thousand dollars ($5,000.00) shall be reported to the city council at its next regular meeting following the purchase. The report shall include the information described in the definition of "open market purchase". b. Maintenance contracts costing more than ten thousand dollars ($10,000.00) shall be procured using the following procedures: (1) Minimum Number Of Bids: Whenever reasonably feasible, the purchasing officer will award the contract based on at least three (3) bids. (2) Notice Inviting Bids: The purchasing officer shall solicit bids by written request, including the use of e-mail or fax, and/or by telephone with written confirmation to follow within three (3) working days, which notice shall include such specifications and bidding requirements as the purchasing officer determines are appropriate to the work, and as are required by law. The purchasing officer shall make reasonable efforts to solicit bids from local contractors. (3) Written Bids: Sealed written bids or bids submitted by e-mail or fax shall be submitted to the purchasing officer. The purchasing officer shall not disclose the contents of any bids submitted by sealed bid, fax, e-mail or telephone, followed by timely written confirmation, until the time appointed to open or consider all submitted bids. (4) Award Of Bids: The maintenance contract shall be awarded to the least expensive bidder, if the purchasing officer is satisfied that all bids are equally qualified and suited to the city's needs. The purchasing officer shall maintain a permanent record for a period of one year of the quotes sought and received, the bid selected and the reason for the selection. The purchasing officer shall present the recommended bid to the city council for award. 3. Personal Services Contracts: a. Open market purchases may be used for personal services contracts costing ten thousand dollars ($10,000.00) or less, if the purchase is included within an approved fund account and an unencumbered appropriation exists in the fund against which the purchase may be charged. Personal services contracts costing more than five thousand dollars ($5,000.00) shall be reported to the city council at its next regular meeting following the purchase. The report shall include the information described in the definition of "open market purchase". b. Personal services contracts costing more than ten thousand dollars ($10,000.00) shall be awarded using the following procedures: (1) Minimum Number Of Bids: Whenever reasonably feasible, the purchasing officer will award the contract based on at least three (3) proposals, and shall award the contract on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. To the extent permitted by law, including, but not limited to, Government Code section 4526, the purchasing officer shall consider cost as one factor in awarding the contract. (2) Notice Inviting Bids: The purchasing officer shall solicit proposals by written request for proposal (RFP), which shall include such specifications and requirements as the purchasing officer determines are appropriate to the work and as are required by law. Announcements of RFPs may, but need not, be placed in appropriate professional publications. RFPs shall be sent to the largest number of qualified professionals practical in the judgment of the purchasing officer. The purchasing officer shall include as many small business firms as identified by the director of general services of the state of California pursuant to Government Code section 14837 as the purchasing officer determines is practical. The purchasing officer shall use reasonable efforts to solicit proposals from local vendors. The purchasing officer and his or her designees shall not engage in any practice which might result in unlawful or unfair treatment in processing proposals and awarding contracts, including, but not limited to, rebates, kickbacks, bribes or other unlawful consideration. No city officer or employee shall participate in the selection process when those officers or employees have a relationship with a person or business entity seeking a contract under this subsection which would subject those officers or employees to the prohibition of Government Code section 87100. (3) Written Proposals: Written proposals shall be submitted to the purchasing officer who shall keep a public record of all such proposals for a period of one year after their submission. The contract shall be awarded by the city council based on the proposal, such personal interviews as the purchasing officer deems appropriate, the criteria set forth in subsection C3b(2) of this section, and the recommendation of the purchasing officer. D. Miscellaneous: 1. Any dollar limits specified herein, except for the limit in subsection B2 of this section, may be revised by a resolution of the city council based on changes in the cost of living or the cost of goods or services available to the city. 2. Procurement of goods or services not specifically addressed in this section may be purchased by open market purchase, unless a different method is required by state statute or regulation or another provision of this code. 3. When soliciting bids or proposals, the purchasing officer shall use all practical available means to solicit such bids and proposals from as large a pool of qualified sources as possible. To aid in accomplishing this goal, the purchasing officer shall solicit proposals from qualified bidders who appear on any list of bidders maintained by the city, including the bidders list referenced in subsection 1521A2 of this article. The purchasing officer shall develop specialized bidders lists for each type of contract described in this section, including contracts for equipment and supplies, public projects, personal service and maintenance services. The purchasing officer shall notify potential suppliers or contractors who contact the city of the opportunity to be listed on bidders lists, including through the city's website. (Ord. 918, §2, adopted 1991; Ord. 1086, §1, adopted 2006) i 2 3 5 6 71 9 10 l.X L2 l3 L4 L5 L6 L7 L$ L9 ►0 i 2 '3 '6 "1 POLICY RESOLUTION NO. 13 RESOLUTION DELEGATING AUTHORITY TO CITY OFFICIALS TO ISSUE CHANGE ORDERS ON PUBLIC CONSTRUCTION CONTRACTS WHEREAS, the City of Ukiah frequently enters public construction contracts with private contractors for public and other works, and WHEREAS, in the course of such projects it is sopnetimes necessary to execute routine change orders to authorize work not contemplated when the original contract was entered; and WHEREAS, the responsible City department head, with the approval of the City Manager, is the appropriate party to execute routine change orders when those are necessary to satisfactorily complete projects budgeted by the City Council, but these City officials require guidance for determining when a change order is routine, NOW, THEREFORE, BE IT RESOLVED as follows: 1. Authority to execute routine change orders in connection with public construction contracts is hereby delegated to the City department head responsible for managing the contract; provided the department head secures the approval of the City Manager. Routine change order means a change order for which the City estimates that the total additional cost of the change order will not exceed ten percent (10%) of the original contract. sum or $5,000 whichever is greater; provided that no change order can exceed the total amount that the City Council has previously budgeted for the project unless the Council separately authorizes an additional appropriation. 2. This delegation of authority shall apply to all public construction contracts pending on the. date of this resolution or hereafter approved. PASSED AND ADOPTED this 7th avy 01f NDMIN-1-1 .1984, by following roll call vote: AYES: Councilmembe,rs Hendersom, Kimr. %Adkqz& amb totmc M NOES: None ABSENT: Councilmember Kelley ATTEST: Cify Cle Im I&T 'Wrl, I CAPPO SURVEY Bid Approval Thresholds - CA Garden Grove 10/08 $5,000 172,781 Mammoth Lakes (CSMFO) $5,000 7,717 Oroville (CSMFO) $5,000 14,443 Porterville :(2) $5,000 51,467 Downey (CSMFO) $10,000 113,607 EI Segundo (10/08) $10,000 17,076 La Habra (CSMFO) $10,000 62,483 Paso Robles (CSMFO) $10,000 29,514 Richmond; (6/06)', $10,000 103,828 Santa Ana " $10,000 353,428 Ukiah (2) $10,000 15,959 Albany (2) $15,000 16,787 Alhambra (2) $15,000 90,561 Buena Park $15,000 82,452 Camarillo (2) $15,000 65,601 Fountain Valley $15,000 57,741 Lucia Mar School Dist (9/99) $15,000 Mission Viejo (2) $15,000 98,943 San Juan Capistrano $15,000 36,452 San Luis Obispo City (9/99) $15,000 44,613 Santa Cruz County 10/08 $15,000 South Lake Tahoe PUD $15,000 24,059 Westminster (2/04) $15,000 92,870 Roseville (10/08) ' $18,800 106,266 Concord: (9/99) $20,000 124,856 Inglewood (7-07) $20,000 119,212 Manhattan Beach (2) $20,000 36,843 Milpitas (2) $20,000 66,568 Morgan Hill (CSMFO) $20,000 38,418 Rancho Cucamonga (10/08) $20,000 172,331 Salinas (7/07) $20,000 156,516 Santee (10/08) $20,000 55,158 Fairfield (7-.07) $20,938 105,601 Banning (10/08) $25,000 28,272 Brea (2) $25,000 39,870 Butte County (9/99) $25,000 Calabasas $25,000 23,652 Chino $25,000 81,224 Colton $25,000 51,797 Costa Mesa $25,000 113,805 Cypress (9/99) $25,000 49,284 Fontana (2) $25,000 181,640 10/26/2011 \\cou-srv02\Users$\mhorger\My Documents\Council Award Threshold Project\Copy of 2010CappoSurveyResults1 CAPPO SURVEY Bid Approval Thresholds - CA Glendora (CSMFO) Hayward Indio (CSMFO) Lake Elsinore (CSMFO) Marin County (2) Monterey County Monterey Park (CSMFO) Murrieta (CSMFO)> National City 10/08 Norwalk (7-07) Palm Springs (CSMFO) Palo Alto :(2/04) Rancho Palos Verdes (2) Ridgecrest'(2) San Bernardino City (2/04) San Clemente (CSMFO) Santa Barbara City Santa Paula Torrance (2/04) Vallejo (7/07) Visalia West Covina (2) Whittier (CSMFO) Yountville (2) Yuba City 3/03 Stockton (7/07) Arcadia 5/02 Lake Forest (CSMFO) Lemon Grove (2) Newport Beach Orange Pomona (2/04) Temecula Thousand Oaks (7/07) Gilroy Sunnyvale (10/08) Bakersfield5/02 Mountain View (4/07) Ventura (2/04) Antioch Apple Valley 8/07 Brentwood $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $28,737 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $35,000 $35,000 $40,000 $40,000 $40,000 $50,000 $50,000 $50,000 64,614 97,257 63,773 110,178 46,858 62,615 43,525 27,944 205,010 67,373 94,154 29,303 148,558 121,425 117,744 112,953 87,250 4,072 62,083 289,789 56,556 78,243 25,592 84,218 138,640 162,140 97,935 127,739 49,649 135,721 323,213 73,262 107,490 101,049 70,297 48,907 10/26/2011 \\cou-srv02\Users$\mhorger\My Documents\Council Award Threshold Project\Copy of 2010CappoSurveyResults2 CAPPO SURVEY Bid Approval Thresholds - CA 10/26/2011 Citrus Heights -(7-07) Daly City 12/99 Elk Grove (2) Glendale (7-07). LA County San, Dist. 10/99 Modesto City (2/04) Oceanside (2) Palmdale Pittsburgh (1.0/08)' Placer County ;3/04 Riverside (3/06) San Carlos San Diego Water Auth (9/99) San Ramon (1010.8) Santa Clara City (7/07) Santa Clarita , Shasta County 5/01 Simi Valley South Gate '(12/05) Tracy (CSMFO) Fresno (2/04) Santa Monica (CSMFO) Alameda Pasadena Yorba Linda (2) Anaheim 12/99 Berkeley 10/05 Carlsbad 2/04 Chula Vista Coldwater Canyon (CSMFO) EI Monte (7-07) Escondido Fremont Huntington Beach (2/04) Livermore (9/06) Lompoc (2) Long Beach (2/04) Los Angeles City 7/01 Los Angeles Co. 12/99 Moreno Valley 3/03 Napa (6/06) Ontario (3/06) $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $51,000 $55,000 $75,000 $75,000 $75,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 87,017 106,160 136,318 207,157 209,174 176,644 145,468 63,004 291,398 28,639 58,035 114,238 177,158 124,524 102,233 81,107 481,035 91,495 75,254 147,262 67,904 345,556 106,347 101,337 227,723 126,282 141,788 211,662 202,250 82,845 42,320 492,912 4,018,080 180,466 76,997 172,701 WEY DATA \\cou-srv02\Users$Nmhorger\My Documents\Council Award Threshold Project\Copy of 2010CappoSurveyResults3 CAPPO SURVEY Bid Approval Thresholds - CA Sacramento' City (2/04) Sacramento''County `(8/99) San Diego County : 12/99 San Diego Port Auth (9/99) San Jose San Luis Obispo Co' (6/00.) Santa.Barbara County Santa Clara County,' (2/04) Santa Cruz (10/08) Santa Rosa 6/00 Ventura County 3/03 Yolo'County. Corona (6/0.6) Lancaster Port of San Diego: (8/99) Redding 10/08 Victorville9/07 " Los Angeles DWP 12/99 Oakland 12/99 Oxnard (CSMFO) Los Angeles USD (12/05) Walnut Creek (2) Irvine San Diego City (2/04) San;Francisco City &County Turlock Fullerton Burbank (2/04) $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $125,000 $125,000 $125,000 $125,000 $125,000 $150,000 $150,000 $250,000 $250,001 $673,000 $1,000,000 $1,000,000 $10,000,000 ALL No Limit None 973,672 57,553 157,985 146,164 143,818 90,045 102,538 415,492 192,997 66,501 202,079 1,316,837 808,844 69,321 137,367 107,921 10/26/2011 \\cou-srv02\Users$\mhorger\My Documents\Council Award Threshold Project\Copy of 2010CappoSurveyResults4 ATTACHMENT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH INCREASING THE DOLLAR LIMITS FOR OPEN MARKET PROCUREMENTS PURSUANT TO UKIAH CITY CODE SECTION 1522. NOW, THEREFORE, BE IT RESOLVED as follows: F call 1. The dollar limits in UCC Section 1522.6. 1, governing Supply and Equipment Contracts, except as provided in paragraph 3, below, C.2.a, governing Maintenance Contracts, and C.3.a, governing Personal Service Contracts, are changed from $10,000 to $30,000 and from $5,000 to $20,000, respectively. 2. The dollar limit in UCC Section 1522.6.2, governing Supply and Equipment Contracts, except as provided in paragraph 3, below,C.2.b, governing Maintenance Contracts and C.3.b, governing Personal Service Contracts, are changed from $10,000 to $30,000. 3. The dollar limits in UCC Section 1522.6.1, gar,brning,Supply and Equipment Contracts, are eliminated for the following ptarchases.�f consumables: 91 107 e ATTEST: JoAnne Currie, City Clerk Resolution No. _ Page 2of 2 Mari Rodin, Mayor ATTACHMENT` RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DELEGATING AUTHORITY TO CITY OFFICIALS TO ISSUE CHANGE ORDERS ON SUPPLY AND EQUIPMENT PURCHASES, MAINTENANCE CONTRACTS AND PERSONAL SERVICES CONTRACTS WHEREAS, 1. The City of Ukiah frequently purchases suppl into maintenance and personal services contracts, s, materials and equipment, and enters �s 'defined in Ukiah City Code Section or other service contracts, and mes necessary to execute routine change templated when the ;original contract was with the ;approval of the City Manager, is the *ders when "those are necessary to satisfactorily cif, but>these Cityofficials require guidance for 1. Authority to execute routih,��change orderp in connection with supply and equipment appropriation. 2. Authority to execute routine change orders in connection with maintenance and personal services contracts, as defined in Ukiah City Code Section 1522.A, is hereby delegated to the City department head responsible for managing the contract; provided the department head secures the approval of the City Manager. As used in this Section 2, Resolution No. _ Page 1 of 2 "routine change order" means a change order for which the City estimates that the total additional cost of the change order will not exceed ten percent (10%) of the original contract sum or $5,000 whichever is greater; provided that no change order may cause the total contract price, including the change order, to exceed the total amount that the City Council has previously budgeted for those services, unless the Council separately authorizes an additional appropriation. 3. This delegation of authority shall apply to all maintenance and personal services contracts pen( hereafter approved. PASSED AND ADOPTED this d call vote: AYES: NOES: ABSTAIN: Resolution No. _ Page 2of 2 equipment purchases, and on thie.°,date of this resolution or 2011 ari Rodin, Mayor the following roll City aJ_ elikinh ITEM NO.: 12b MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: APPROVE CHANGE ORDER #2 FOR THE CONTINUED DEVELOPMENT OF THE ANTON STADIUM RESTORATION ENGINEERED STEEL BUILDING SPECIFICATION NUMBER 11-02 AMENDING TOTAL CONTRACT AMOUNT TO FERRANTI CONSTRUCTION TO $664,387 AND RECEIVE A STATUS UPDATE ON CONSTRUCTION PROGRESS. Summary: In 2005, the City was awarded a competitive grant for the restoration of Anton Stadium in the amount of $500,000 with a community match requirement of $214,286. The City has successfully lead a community-based development process which has resulted in thousands of hours of volunteer time, donated material, and over $295,000 in donated funds. The Council has been presented regular updates on the project throughout this process. The process has been complicated by the potential delays in State funding and changing grant deadlines. Despite the complexities, the community-based development process has resulted in the actual construction of the stadium and a very engaged stakeholder group and community. Furthermore, the project is being developed with considerable community input/involvement and is moving at a steady pace towards completion On April 20, 2011, the City awarded a contract to Ferranti Construction to begin the construction of the stadium. The initial award was $503,176 for engineered steel building and foundation. It was identified early on that there would be additional costs as the project developed and potentially different phases given the funding constraints. On May 18, 2011, Council approved Change Order #1 for the Anton Stadium Restoration Engineered Steel Building which added $40,602 to the original award amount. This increase to the contract was the combination of additions/subtractions to the design and scope of work (Attachment #1). Since approval of Change Order #1, additional costs have been identified from design and engineering work from the metal building manufacturer, design modifications of the stakeholder group, and request for plan clarifications from Ferranti Construction. Recommended Action(s): Approve Change Order #2 for the continued development of the Anton Stadium Construction Project and authorize Staff to approve additional change orders in the amount of 10% of the new contract amount if necessary, without further Council approval. Alternative Council ODtion(s): Remand to staff with direction Citizens advised: Anton Stakeholders Committee Requested by: N/A Prepared by: Guy Mills, Project & Grant Administrator, Mary Horger, Purchasing Supervisor and Sage Sangiacomo, Assistant City Manger Coordinated with: Jane Chambers, City Manager Attachments: 1. Change Order #1 2. Change Order #2 3. Proaress Photos pp �. A roved: Jan/4 Chambers, City Manager Subject: Anton Stadium Construction Project — Change Order #2 Meeting Date: November 16, 2011 Page 2 Staff is requesting that the City Council approve Change Order #2 for Anton Stadium Restoration Engineered Steel Building, Specification No. 11-02, amending the total contract amount to Ferranti Construction to $664,387, an increase of $120,609, for the continued development of the project. Discussion: Change Order #2 (Attachment #2) outlines the various costs resulting from design modifications, engineering and scope of work changes. Design modifications and request for plan clarifications encompass the largest portion of the change orders. Description of Change Reason Cost Relocated accessible parking to ADA parking was moved to the main parking lot to main parking lot avoid pedestrian vs. vehicle conflicts and foul ball $1,760 damage to vehicles. 8 tons of asphalt added to direct water away from parking stalls. Changes to design of tread and Change center board in tread to 3'x14,', aisle step to aisle step and surplus wood 18" in order to get exact dimensions and surplus $10,897 wood for future repair/replacement. Metal building costs for Design change to add portal framing and x -bracing engineering & material under bleacher area and east elevation wing walls. Portal framing eliminates safety concern at top of $16,425 structure along with eliminating penetrating the metal liner. Direct costs passed thru from metal building manufacturer. Contractor labor to install above Labor to install the portal framing and east wall metal siding based on a time & material basis with a not to $9,665 exceed amount. Contractor labor to install x- Labor to install x -bracing under bleacher based on a $6,750 bracing time & material basis with a not to exceed amount. Changes to foundation footings Design changes to foundation based on $4,981 requirements from metal building manufacturer. Scope of work changes Not in the original scope but needed prior the installation of the foundation — add french drain per Geotech requirement, install electrical, scoreboard, $8,861 PA system, telephone, bell alarm conduits in foundation. Fabricate and weld brackets to Not in the original scope. Design hadn't been worked slope beams at that time. Mendocino Metals quote — direct pass $35,650 thru with no general overhead costs applied based on a time & material not to exceed amount. Concrete stem walls for Design modification to add stem walls to building to $9,660 accessible ramps accommodate accessibility ramps, based on a time & material not to exceed amount. Metal framing of walls on inside Design modification to add metal stud framing to of bleacher area, both sides address gaps between wall panel and wood and across top bleachers. This design will be re-evaluated to $15,960 determine if stud framing is necessary. Cost based on a time and material basis with a not to exceed amount. Extend contract period of 180 Award of bid was April 20, 2011 and but didn't issue days a building permit until September 15, 2011. Total $120,609 Subject: Anton Stadium Construction Project — Change Order #2 Meeting Date: November 16, 2011 Page 3 SHN Consulting Engineers (SHN) has evaluated and validated the cost relative to the scope of the change order and design changes. All structural modifications have been analyzed and reviewed by our local volunteer engineer and Seabrook & Associates (City of Ukiah Plan Check Firm). We have had three successful volunteer work parties to -date during the development. Their accomplishments include painting the newly built blockhouse building, re -locating an irrigation water line, and installing the rough -in plumbing. Additional volunteer commitments have been secured from Casey Bartolomei for installing wall tile in the restrooms, and from Troy Willey, Ukiah Heating & Cooling for installing a heating/cooling system. Progress photos are included as Attachment #3. Recommendation: Staff recommends approving Change Order #2. Funding is currently available to cover these changes. Staff also requests Council's approval to authorize staff to approve additional change orders in the amount of 10% of the new contract amount ($664,387.00) or $5,000, whichever is greater, if necessary, without further Council approval. Fiscal Impact: Budgeted FY 11/12 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $870,259 Park Development Anton Stadium 140-6050-930-007 $0 CTTY OF UKIAH CONTRACT CHANGE ORDER Contract for (Description of Facility): Anton Stadium Restora Owner: City of Ukiah, 300 Seminary Avenue. Ukiah, Califon To (Contractor): Ferranti Construction, Inc.. PO Box 259, RE You are hereby directed to make the herein described changes work not included in the contract plans and specifications: Change requested by: City Engineer. ATTACHMENT__„ + ORDER NO. 1 DATE: June 2, 2011 contract plans and specifications or do the'following described Description of Changes - Itemized Breakdown ESTIMATED DECREASE To Contract Amount ESTIMATED INCREASE To Contract Amount 1. ADA Concrete Walks, Ramps and Steps $32,295.00 2. ADA Parking; Grade, Base & Pave. $19,400.00 3. ADA Signage, Post, Symbols & Striping. $3,870.00 4. Chain Link Fence & Slide Gate64400..00 - - - 7,0 5. Complete rough interior framing, not included: drywall, electrical, insulation, doors & partitions. $36,760.00 Painting of Red Metal. $ 8610.00 5. Panic Hardware. $2,860.00 5. Precast concrete change to wood. $60,033.00 5. Ridgit insulation. $4,800.00 5. Windows. $6,000.00 ESTIMATED NET CHANGE IN CONTRACT PRICE $40,602.00 Justification (Detailed and Concise): These items are a result of value engineering to decrease cost of original scope, and add scone due to the cost savings. The amount of the Contract will be (deer-eawMnereased/umhanged) by the estimated sum of: forty thousand six hundred two dollars and no cents ($40.602.00). The contract total including this and. previous Change Orders will be: five hundred forty-three thousand seven hundred seventy-eight dollars and no cents ($543,778.00). The contract period provided for completion will be (' unchanged): NN/A. This document will become a supplement to the contract and all provisions will apply hereto. Approved By: 61VIII ity Manager) Dat 4ccepted: aQ.� }ti. `"�.clUt.o�� G4 e 3 2e (Contractor) Date CITY OF UKIAH CONTRACT CHANGE ORDER ATTACHMENT ORDER NO. 2 DATE: November 9, 2011 Contract for (Description of Facility): Anton Stadium Restoration Engineered Steel Building, Specification No. 11-02 Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400 To (Contractor): Ferranti Construction, Inc, PO Box 259, Redwood Valley, California 95470 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications: Change requested by: Project & Grant Administrator. A&F OFESTIMATED ESTIMATED To INCREASE To kCASE Amount Contract Amount Description of Changes - Itemized Breakdo . 1. Relocated Accessible parking to main parking lot — additional 8to phalt;>, 5 . $1,760 2. Change center board in tread to 3"x14", aisle step d provide su od. $10,897 3. Building manufacturers engineering,;& material costs t ges in portal framing, add X -bracing under bleacher and additional material st w $16,425 4 Contractors costs to install portal fi•aming and east wall materials (time & material not to exceed) 1;1.11,$9,665 5. Contractors cos stall X -bracing under bleach:"'' tringers (f material not to $6,750 exceed) 6. Design changes to foun . , based on requirements from tal building manufacturer. $4,981 7. Scope of work changes: add french drain to foundation; install electrical, scoreboard, $8,861 PA system, telephone, bell alarm conduits and backfill and compact trenches 8. Fabricate and weld tread brackets to slope beams (not to exceed) $35,650 9. Concrete stem walls for accessible ramps (time & material not to exceed) $9,660 10. Metal framing of walls on inside of bleacher area, both sides and across top $15,960 ESTIMATED NET CHANGE IN CONTRACT PRICE $120,609 Justification (Detailed and Concise): These items were not included in the original bid documents. Additional work is requested by Ci The amount of the Contract will be (deereaseWincreased/unchanged) by the estimated sum of: one hundred twenty thousand six hundred nine dollars and no cents ($120,609.00). The contract total including this and previous Change Orders will be: six hundred sixty four thousand three hundred eighty seven dollars and no cents ($664,387.00). The contract period provided for completion will be (increased 180 day. This document will become a supplement to the contract and all provisions e reto. Approved By: Accepted: (City) Date (Contractor) Date' This information will be issued as a record of any changes to the originalconstruction contract. Blockhouse and emblem painted by Richard Dale. Last section of foundation being poured. WASTE COLLECTION AGREEMENT TABLE OF CONTENTS Page Waste Collection Agreement 1 1. Franchise Grant 1 2. Definitions 2 3. Term 5 4. Franchise Fee; Other Fees 6 5. Services 6 5.1 Solid Waste 6 5.2 Recyclables 7 5.3 Green Waste 7 5.4 Food Waste 7 5.5 Contaminated Materials 7 5.6 Changes; Missed Pick -Ups 7 5.7 Containers — Single Family Residential 8 5.8 Containers — Multi -Family Residential, Commercial and Institutional 8 5.9 Replacement or Addition of Containers 8 5.10 Personnel and Equipment 8 5.11 Disposal and Processing Facilities 8 5.12 Local Office 10 5.13 Pick -Ups at City Facilities 10 5.14 Outreach and Public Education 10 5.15 Fall Leaf Collection 11 5.16 Spring Clean -Up Week 5.17 Additional Services 5.18 Permits and Licenses 5.19 Diversion Requirements 6. Rates 6.1 Establishment of Rates 6.2 Modification Based on Consumer Price Index, Fuel Index, Recycling Reduction and Certain Pass Through Costs 6.3 Modification Based on Changes in Pass Through Costs 6.4 Five Year Review 6.5 Modification Based on Extraordinary Items 6.6 Billing 6.7 Proposition 218 7. Provisions Applicable to Equipment and Personnel 8. Records and Reports 9. Hold Harmless and Insurance 10. Remedies upon Default 11. Assignment 12. Waiver 13. Administration 14. Independent Contractor 15. Notices 16. Amendments 1t 11 11 11 11 11 11 11 13 14 14 14 15 15 16 16 17 19 20 20 20 20 21 17. Successors and Assigns 21 18. Integration; Severability 21 Exhibit A — Waste Management Strategic Plan Exhibit B —Recyclable Materials Agreement Exhibit C — Curbside Rate Calculation 23 24 25 Exhibit D — Agreement for Receipt of Wood and Green Waste 26 Exhibit E — Initial Service Rates Im 27 WASTE COLLECTION AGREEMENT This Waste Collection Agreement (the "Agreement") is made as of November , 2011 by and between the City of Ukiah, a municipal corporation (hereinafter "City"), and Ukiah Waste Solutions, Inc., a California corporation (hereinafter "Company"), with reference to the following: WHEREAS, Company currently collects and disposes of Solid Waste generated in City pursuant to that certain Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclables from within the City of Ukiah dated March 23, 1992, as amended May 9, 1997, August 21, 1998, November 7, 2001 and April 16, 2008 (the "Prior Agreement"); and WHEREAS, Company has proposed a capital -intensive, long-term Strategic Waste Management Plan (the "Strategic Plan"), including, but not limited to, Contractor financed capital projects, for City and the other customers served by Company and its affiliates that is designed to increase diversion, mandated by law, of Solid Waste from landfills, reduce greenhouse gasses, convert waste into energy, and create new jobs, a true and correct copy of which is attached hereto as Exhibit A; and WHEREAS, undertaking the Strategic Plan will require a long-term commitment of Company's staff, time and capital; and WHEREAS, the parties wish to continue to assure the health, safety and public welfare of City's residents and businesses by providing efficient services for recycling and the collection and disposal of all Solid Waste generated in the City resulting in increased diversion pursuant to the terms of a new, long-term agreement that replaces the Prior Agreement; NOW, THEREFORE, in and for the mutual covenants herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Franchise Grant. 1.1 City hereby grants to Company, and Company hereby accepts from City, the exclusive franchise right and privilege, subject only to Section 1.3 below, to Collect, remove, transport, Recycle, Process, compost and Dispose of all Solid Waste generated in City in accordance with the provisions of City's laws and regulations pertaining to the accumulation, collection and removal thereof and any other applicable law, including applicable State and Federal statutes or administrative rules. 1.2 All Solid Waste Collected by Company pursuant to this Agreement shall become the property of Company upon its possession thereof, provided that nothing in this section shall be deemed a waiver by City of its rights and duties under this Agreement. 1.3 The franchise granted to Company hereunder shall in all respects be exclusive, 1 except as otherwise provided by applicable law and as follows: (a) Recyclables generated at any Residential, Commercial or Institutional Property that are Source Separated may be (i) transported personally by the Generating person for sale or donation to a Processing facility that has been duly approved and authorized as such by a governmental or other appropriate authority, including beverage containers Recycled at authorized facilities under the California Beverage Container Recycling Litter Reduction Act, (ii) may be sold or donated by the Generating person to any Charitable Entity, or (iii) sold by the Generating person to any licensed Recycler (provided the Generating person is not charged any amount by such Recycler, directly or indirectly); (b) Solid Waste Generated at any Residential, Commercial or Institutional Property may be personally transported by the person Generating same to any licensed landfill, transfer station or materials recovery facility; (c) Green Waste removed from a Residential, Commercial or Institutional Property by a gardening, landscaping or tree trimming contractor as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility, provided that such contractor does not store the box, bin or container used for such purpose at the location where the service is provided or remove such box, bin or container from such contractor's truck; (d) Construction Debris and Demolition Debris removed from a Residential, Commercial or Institutional Property by a licensed construction or demolition contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility, provided that such contractor does not store the box, bin or container used for such purpose at the location where the service is provided or remove such box, bin or container from such contractor's truck; and (e) Hazardous Waste and Household Hazardous Waste may be disposed of in any lawful manner. 1.4 To the extent permitted by applicable law, City agrees to take such steps as may be reasonably necessary to protect (a) Company's ownership of Solid Waste, including Recyclables and Green Waste, placed at the curbside or designated collection location for Collection by Company under the terms of this Agreement, and (b) Company's exclusive rights to collect all Solid Waste, including Recyclables and Green Waste, in accordance with the terms hereof. City's obligation under this Section 1.4 is subject to Company's agreement, upon request of City, to reimburse City's reasonable expenses, including attorneys' fees and litigation expenses, incurred in taking steps as agreed upon herein; provided, however, that nothing herein shall prevent Company from taking any lawful action to protect its rights hereunder. 1.5 Except as expressly provided herein, this Agreement shall supersede the Prior Agreement as of the Effective Date set forth in Section 3 below, when the Prior Agreement shall cease to have any effect (except for periods prior to such Effective Date). 2. Definitions. 2.1 "Authorized Facility" means a Disposal or Processing facility that has received and is maintaining in good standing all regulatory or other approvals required by law to perform the task for which Company is using the facility and which has been approved by the City pursuant to Section 5.11 below. 2.2 "Billing Fees" means the billing fees payable to City pursuant to Section 6.6 below, including any fees or charges adopted to replace or supplement such billing fees. 2.3 "CCC" means Cold Creek Compost, Inc. 2.4 "Change in Law" means the enactment, adoption, promulgation, issuance, modification, or written adoption or change in administrative or judicial interpretation on or after the Effective Date of, any law, regulation, rule, order, judgment, decree, permit, approval or other requirement of any governmental agency (including City) having jurisdiction over this Agreement or Company's performance hereunder. 2.5 "Charitable Entity" means any not-for-profit organization or entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities. 2.6 "Collect" or "Collection" means the collection, transportation and removal of Solid Waste within and from City. 2.7 "Commercial Property" means property upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon Residential Property that are permitted under applicable zoning regulations and are not the primary use of the property. 2.8 "Construction Debris" means used or discarded construction materials generated during the construction or renovation of a building, structure or other man-made improvement on a Residential, Commercial or Institutional Property. 2.9 "Containers" means any and all types of Solid Waste receptacles supplied by Company, including but not limited to rectangular bins, cylindrical containers, and any and all other kinds of receptacles or bags, irrespective of size or shape. 2.10 "Customer" means the owner or occupant of Residential, Commercial or Institutional Property. 2.11 "Demolition Debris" means used construction materials generated during the razing or renovation of a building, structure or other man-made improvement on a Residential, Commercial or Institutional Property. 2.12 "Disposal" means the permanent placing of Solid Waste in a facility legally permitted to receive it. 2.13 "Disposal Costs" means Company's costs to deposit Solid Waste collected under this Agreement at the Transfer Station (as defined in Section 5.11 below) or any other Authorized Facility. 2.14 "Food Waste" means food that is discarded (as from a Commercial or Residential Property kitchen). 2.15 "Franchise Fees" means the franchise fees payable to City pursuant to Section 4 below, including any fees or charges adopted to replace or supplement such franchise fees. 2.16 "Generate" means to create or render. A Customer is not considered to be the Generator of Solid Waste if the material has merely been transported or moved to the Customer's site. 2.17 "Green Waste" means tree trimmings, grass cuttings, plants, leaves, branches and trees (not more than six (6) inches in diameter or more than four (4) feet in length) and similar materials generated at a Residential, Commercial or Institutional Property. 2.18 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste or extremely Hazardous Waste by the State of California, or identified as Hazardous Waste by the U.S. Environmental Protection Agency, under applicable laws or regulations. 2.19 "Household Hazardous Waste" means Hazardous Waste that is generated at Residential Properties. 2.20 "Institutional Property" means the premises or site of any governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites. 2.21 "Multi -Family Residential Property" means any building or structure, connected structure or series of structures used for residential purposes, and consisting of three (3) or more distinct dwelling units, irrespective of whether the dwelling units are rental units or are owner -occupied. 2.22 "Pass Through Costs" means Disposal Costs, Processing Costs and Regulatory Costs. 2.23 "Processing" means the act of salvaging, reprocessing, marketing and selling or reusing Recyclables (including Food Waste and Green Waste) for the purpose of Recycling, whether directly or through one or more third parties, and shall include other means of diverting Solid Waste from landfills pursuant to the Strategic Plan. 4 2.24 "Processing Costs" means the costs of Processing. 2.25 "Recyclables" means Solid Waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of the California Integrated Waste Management Act of 1989, as amended ("AB 939"), including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including Green Waste and Food Waste), and wood, brick and stone in reusable size and condition. Recyclables shall include those items of Construction Debris and Demolition Debris which are described in this Sections 2.8 and 2.11. Company shall report- changes in Recyclables collected at the curbside to the City Manager who must approve those changes. 2.26 "Recycle" means the process of reusing or processing Solid Waste into a form suitable for reuse consistent with the requirements of AB 939. 2.27 "Regulatory Costs" means all regulatory and governmental fees and charges incurred by Company in connection with providing services under this Agreement, including, without limitation, Franchise Fees, Billing Fees, commercial oversight fees and landfill closure costs payable to City. 2.28 "Residential Property" means Single Family Residential Property and Multi - Family Residential Property. 2.29 "Single Family Residential Property" means any building or structure, connected structure or series of structures used for residential purposes, and consisting of less than three (3) distinct dwelling units, irrespective of whether the dwelling units are rental units or are owner -occupied. 2.30 "Solid Waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, Green Waste, Food Waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this Agreement Construction Debris, Demolition Debris, Recyclables, but excluding Hazardous Waste and Household Hazardous Waste. 2.31 "Source Separated" means Recyclables that are separated at the Residential, Commercial or Institutional Property where they are generated from Solid Waste and other Recyclables that are Collected separately, and which are saleable or acceptable for Processing without further sorting, including, but not limited to, Recyclables consisting of glass, paper, plastic, cardboard, tin cans and aluminum cans which are separated from all other Recyclables and Solid Waste, Green Waste which is separated from all other Recyclables and Solid Waste, and Food Waste which is separated from all other Recyclables and Solid Waste. 3. Term. Subject to earlier termination in accordance with the terms of this Agreement, the term of this Agreement shall commence on January 1, 2012 (the "Effective Date") and continue for a period of fifteen (15) years through December 31, 2026, provided that Company shall have one (1) option to extend this Agreement and the franchise granted hereunder on the terms and conditions herein for a period of five (5) years commencing January 1, 2027 and ending December 31, 2031. Notice of Company's exercise of such option must be given at least six (6) months prior to December 31, 2026. The option to extend hereunder may not be exercised unless Company is in material compliance with the terms of this Agreement at the time of exercise and on December 31, 2026. It is the parties' intention that, subject to prior termination hereunder or thereunder, the term of this Agreement be coextensive with the term of the Transfer Station Agreement between City and Solid Wastes Systems, Inc. ("SWS") of even date herewith (the "Transfer Station Agreement"). 4. Franchise Fee; Other Fees. Company shall be liable'to City for a franchise fee equal to fifteen percent (15%) of the gross revenues collected by Company from Customers within the City limits during the term of this Agreement or such other percentage of such gross revenues as the City Council may establish from time to time. Within thirty (30) days after the end of each calendar month, Company shall send City a statement detailing gross revenue received by Company from Commercial and Institutional Customers, and from the Multi -Family Residential Customers that Company bills, for the prior calendar month, and City shall send Company a statement showing how City calculated the amounts withheld in accordance with this Section 4 and Section 6.6 below from its payment to Company for the prior calendar month. As soon as City's billing system permits it to generate the following statement, City will provide Company within thirty (30) days after the end of each calendar month with a statement detailing the amounts billed by City to the Residential Customers billed by City, the amounts collected by City from such Customers, the amounts paid to Company and all amounts withheld from such payments in accordance with this Section 4 and Section 6.6 below for the prior calendar month. In addition, each party shall maintain copies of all its billing and collection records for three (3) years following the date of billing for inspection and verification by the other party. Company shall also owe City a Billing Fee pursuant to Section 6.6 below, a commercial oversight fee of $10,000 per calendar year and a landfill closure cost of $60,000 per calendar year. The Franchise Fee, the Billing Fee, the oversight fee and the landfill closure fee shall all be paid by means of City's withholding such amounts from the payments City makes to Company in respect of the revenues City bills to Residential Customers in accordance with Section 6.6 below. The annual oversight and landfill closure fees will each be withheld at the rate of one -twelfth per month. Services. 5.1 Solid Waste. Company shall Collect and Dispose of all Solid Waste (other than Source Separated Recyclables, which are subject to Section 5.2 below, and Source Separated Green Waste and Food Waste, which are subject to Section 5.3 below) generated at every Single Family Residential Property within City once each week on a regularly scheduled day, and at every Multi -Family Residential, Commercial and Institutional Property within City upon a schedule established between Company and each Generating person (or the owner, landlord or property manager, in the case of Multi -Family Residential Properties), but at least once each week on a regularly scheduled day, in accordance with this Agreement. Solid Waste shall not be put out for Collection with Hazardous Waste or Household Hazardous Waste in the same Container. Company will not collect Solid Waste, including Recyclables, on New Year's Day, Memorial Day, July 4`h, Labor Day, Thanksgiving Day or Christmas Day, and will make appropriate adjustments to its collection schedule in order to avoid an excessive accumulation of Solid Waste on such days. 5.2 Recyclables. On the same day as specified by Company under Section 5. 1, Company shall collect all Source Separated Recyclables (other than Green Waste and Food Waste) Generated at every Residential Property within City once each week on a regularly scheduled day in accordance with this Agreement. Company shall collect all Source Separated Recyclables (other than Green Waste and Food Waste) Generated at every Commercial and Institutional Property within City upon a schedule established between Company and each Generating person (or the owner, landlord or property manager, in the case of Multi -Family Residential Properties), but not less frequently than weekly. 5.3 Green Waste. On the same day as specified by Company under Section 5.1. Company shall collect all Source Separated Green Waste Generated at every Residential Property within City once each week on a regularly scheduled day in accordance with this Agreement. Company shall collect all Source Separated Green Waste Generated at each electing Commercial and Institutional Property within City upon a schedule and at rates established between Company and each Generating person, but not less frequently than weekly. 5.4 Food Waste. Subject to Company's obtaining all necessary permits, and Company and City agreeing upon the specific terms of the program, including applicable Rates and methods of collection, Company shall commence a pilot Food Waste Collection program for Commercial and Institutional Properties as soon as possible but by no later than June 1, 2013. No later than six months after commencement of such pilot program, Company and City will develop the specific terms, including applicable Rates and methods of collection, for an ongoing Food Waste Collection programs for all Residential, Commercial and Institutional Properties, subject to Company's obtaining all necessary permits. 5.5 Contaminated Materials. Company may refuse to collect Solid Waste, Recyclables, Green Waste or Food Waste Generated by, and shall not be obligated to continue to provide any Solid Waste, Recyclables, Green Waste or Food Waste Container to, any person who after reasonable warning, fails to sort Solid Waste, Recyclables, Green Waste or Food Waste properly, or fails or refuses to allow Company to Collect, on an exclusive basis, said person's Solid Waste, Recyclables, Green Waste or Food Waste. Company shall make available to City any warning notices issued by Company for this purpose, and City shall investigate same to determine whether the person receiving the notice has violated the applicable ordinance. Company may alternatively assess a contamination charge in accordance with Exhibit E in such instances. 5.6 Changes; Missed Pick -Ups. Company shall not alter or adjust Collection services without providing prior notice to all service addresses, and any schedule modifications shall not result in reduced service frequency to any Customer. Company shall collect and remove Solid Waste and Recyclables from any premises "missed" or "skipped" during the regularly scheduled time, within one (1) working day after demand for collection is made by the Customer or City. 5.7 Containers -Single Family Residential. Company shall collect Solid Waste, Recyclables, Green Waste and Food Waste from Single Family Residential Properties in City in the following types of Containers: Solid Waste —10, 20, 32, 64 or 96 gallons, Recyclables —32 (Billy Goat Run), 64 or 96 gallons, Green Waste — 32 (Billy Goat Run), 64 or 96 gallons, Food Waste — sizes proposed by Company and approved by the City Manager. Company has provided and distributed one set of Solid Waste, Recyclables and Green Waste Containers, at no cost in addition to the monthly rates, to each Single Family Residential Property in City, and will provide such a set to each new Single Family Residential Property in City after the Effective Date, and will provide a Food Waste Container of the approved size to each Single Family Residential Property upon commencement of the relevant Food Waste Collection program. Nothing in this section shall be deemed t6 preclude the use of bins or other Containers of a size and shape, which are compatible with approved rates, acceptable to and supplied by Company and, in the event City and Company shall institute new programs hereunder which require bins or other Containers of a particular size and shape, Customers on single unit Residential Properties shall use bins or other Containers supplied by Company meeting such requirements. 5.8 Containers-_ Multi -Family Residential, Commercial and Institutional. Company shall collect Solid Waste, Recyclables, Green Waste and Food Waste from Multi -Family Residential Properties, Commercial Properties and Institutional Properties in City in a size and shape suitable for each such location from the following capacities: 10, 205 32, 64 or 96 gallon carts, two -yard, three -yard, four -yard and six-yard bins, and 15 -yard, 20 -yard and 30 -yard boxes. 5.9 Replacement or Addition of Containers. Company shall replace, at no charge to a Single Family Residential Generator but not more than once a calendar year, a Solid Waste, Recyclables, Green Waste or Food Waste Container that is stolen from the curb. If from time to time a Single Family Residential Generator may wish to have additional Containers, Company shall make additional Containers available for free and adjust the Generator's service rate. A replacement Container will be provided free to any Single Family Residential Generator returning the original Container for a Container of a different size, but not more than twice a calendar year. Company will maintain and repair Containers at its cost, and shall repair or replace damaged Containers, at Company's option, upon request of a Customer or City. The ownership of all Containers purchased by Company under this Agreement shall be and remain with Company. 5.10 Personnel and Equipment. Company shall furnish sufficient personnel, labor and equipment required for the Collection, removal, handling, Processing and Disposal of all Solid Waste Generated within the corporate limits of the City in compliance with this Agreement and the City's applicable law or City policy. 5.11 Disposal and Processing Facilities. (a) Solid Waste. Company shall transport all Solid Waste collected by it in City to the transfer station operated by SWS and located at 3151 Taylor Drive, Ukiah, California (the "Transfer Station"). All of such Solid Waste that is not Recycled shall be hauled to a licensed disposal facility in accordance with the terms of the Transfer Station Agreement. The gate fee paid by Company to SWS for Solid Waste delivered to the Transfer Station shall be as determined under the Transfer Station Agreement. (b) Recyclables. Company shall transport all Source Separated Recyclables (other than Green Waste and Food Waste) Collected by it curbside from Residential Customers in City to the materials recovery and green waste facility operated by Pacific Recycling Solutions, Inc. ("PRS") and located at 4260 North State Street, Ukiah, California (the "PRS Facility") for Processing. Company shall transport all other Recyclables collected in City to the Transfer Station. Any residue from such Recyclables that cannot be Recycled shall be Disposed of in accordance with the Transfer Station Agreement if delivered to the Transfer Station, or at any Authorized Facility selected by PRS, if delivered to the PRS Facility. PRS shall pay Company the amounts determined under that certain Recyclable Materials Agreement between PRS and Company of even date with this Agreement attached hereto as Exhibit B for Recyclables delivered to PRS by Company (the "Recycling Agreement"). The amount, if any, paid by Company to SWS for Recyclables delivered to the Transfer Station shall be as determined under the Transfer Station Agreement. (c) Green and Food Waste. Company shall transport all Source Separated Green Waste and Food Waste collected by it in City to any or all of the following facilities: the Transfer Station, the PRS Facility or the Scotia biomass conversion facility (the "Scotia Facility") for Processing; provided, however, that, notwithstanding any other provision in this Agreement, Company shall arrange for delivery of an average of 400 tons per calendar month, subject to seasonal adjustments affecting the amount of Green Waste available, of Green Waste (including Green Waste generated in City), un -ground but presorted, to the CCC facility so long as (1) CCC is licensed to accept Green Waste from City, (2) CCC is in full compliance with its license, (3) CCC is the only licensed composting facility in Mendocino County that is licensed to accept and is capable of accepting the full range of inputs accepted by CCC as of April 1, 2008, (4) CCC charges not more than $32.00 per ton for the first 200 tons of such Green Waste in the aggregate delivered per calendar month (which represents the Green Waste collected curbside in City by Company) and no charge for any tons in excess of 200 delivered in such month which represents Green Waste from sources other than City), and (5) CCC continues to accept sheet rock from Company, SWS and PRS at no charge; and, provided, further, that Company's obligation shall be deemed satisfied by Green Waste arranged to be delivered by SWS to the CCC facility pursuant to Section 4.5 of the Transfer Station Agreement. Any residue from the Green Waste generated in City that cannot be Processed shall be disposed of in accordance with the Transfer Station Agreement if delivered to the Transfer Station, or at any Authorized Facility selected by PRS, if delivered to the PRS Facility. The amount paid by Company to SWS for Green Waste delivered to the Transfer Station shall be as determined under the Transfer Station Agreement, and the amount paid by Company to PRS for Green Waste delivered to the PRS Facility shall be as determined under that certain Agreement for the Receipt of Green and Wood Waste between PRS, Company and SWS of even date with this Agreement and attached hereto as Exhibit C. (d) Alternate, Successor and Other Authorized Facilities. Company shall provide City with written notice as soon as Company knows that it will use a Processing Facility instead of or in addition to the PRS Facility, the Scotia Facility or CCC. The notice shall provide the name and location of the proposed Facility, the anticipated gate fee and other charges for Processing at that Facility, and a copy of the proposed contract between Company and such Facility. Company shall also provide City with any additional information about such Processing Facility reasonably requested by City. Company's use of the proposed Processing Facility shall be subject to approval by the City CouncilQPf!&eppreY-al, which shall not be unreasonably withheld. . In acting a request for - - approval, the City shall consider, among other things, whether the cost of using that Facility is reasonably consistent with the Strategic Plan, as attached, or revised with approval of the City Council, available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives, and otherwise qualifies as an Authorized Facility. In the event that the Transfer Station, the PRS Facility, the CCC facility, the Scotia Facility or any other Authorized Facility described above cannot accept Solid Waste, Recyclables, Green Waste, or Food Waste Generated in City on a temporary basis due to no fault of Company, or due to events beyond the control of Company, such as acts of God, public emergency, strike or lockout by employees of another entity unrelated to Company, Company shall locate and use an alternate licensed facility for the duration of such circumstance; provided, however, that City approval in accordance with this Section 5.11(d) shall be required if the Authorized Facility cannot accept Solid Waste for a period of time exceeding three (3) months. 5.12 Local Office. Company shall maintain an office where service may be applied for and complaints made. The address and telephone number of such office shall regularly be included in Customer billings and service information distributed to the public. Company's office shall have a responsible individual available daily between the hours of seven -thirty o'clock a.m. and four o'clock p.m., excepting Saturday, Sunday and holidays. Calls for missed collections shall be received 24 hours per day, by answering machine after four o'clock p.m. and on Saturdays, Sundays and holidays. 5.13 Pick -Ups at City Facilities. Company shall provide Containers and remove, without charge, all Solid Waste, Source Separated Recyclables and Source Separated Green and Food Waste Generated at all City facilities, including from City street cans, (of the nature and in the amounts currently collected) at least once per week, but Company may charge all other public agencies for services rendered at the same rates and on the same basis as Commercial Customers are charged for similar services. Company shall also remove, without charge, all grit and screenings from City's wastewater plant as scheduled by Company and City eifig_ with the expiFation of City's Company shall mmeve and dispose of-, for the ehafge eantained in gxhib4 E, all sludge ffem City's wastewater plant as scheduled by Company and Gity. 5.14 Outreach and Public Education. Company shall execute a public awareness campaign for recycling by Residential and Commercial Customers, which campaign will include an up to date Web Site that includes educational information, a business waste reduction program, a school Recycling program and a flyer in Company's billing statements (or posted on Company's website) not less than every six months. City shall provide Company with free space at all City -sponsored events to promote the campaign. Additional activities shall be available at 10 Formatted: Not Highlight Formatted: Not Highlight additional cost by mutual agreement of the parties. Company shall also provide each new Customer with a packet of information regarding the curbside Recycling and Green Waste programs, and, if in effect, a Food Waste program, as well as information cards to be used in the event that a Customer places materials out for Recyclables, Green Waste or Food Waste collection that are not acceptable as set forth in this Agreement. Such card shall be left with the Customer's container or bin and shall inform the Customer why the materials were not picked up. 5.15 Fall Leaf Collection. Company shall provide all Customers with reasonable leaf collection without charge during the week after Thanksgiving each year in Containers and/or bags approved or provided by Company. City shall prepare and pay for an insert in all Customer billing advertising this service. 5.16 Spring Clean-up Week. Company shall provide all Customers with reasonable Green Waste collection without charge during the third week of April each year, including the collection of tree branches not to exceed six (6) inches in diameter or four (4) feet in length. 5.17 Additional Services. Company shall provide additional services upon request of City, or upon the proposal of Company as approved by City pursuant to Section 5.19 below, subject, if the costs incurred by Company to provide such services increase, to the establishment by mutual written agreement of a reasonable service Rate therefor. 5.18 Permits and Licenses. Company shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Company to perform the work and services described herein. City shall reasonably cooperate with Company in connection with obtaining or renewing such permits, licenses and approvals. 5.19 Diversion Requirements. In an effort to assure City's continuing compliance with the current and any future diversion requirements set forth in the California Integrated Waste Management Act of 1989, as amended ("AB 939"), Company shall propose and City may require Company to adopt and implement _ -various recycling, Solid Waste reduction, public education and reporting programs for City and its residents, subject to City taking all actions necessary to implement such programs and approving reasonable service rate increases needed, if any, in connection therewith. 6. Rates. 6.1 Establishment of Rates. The service rates specified in Exhibit E to this Agreement (the "Rates") shall take effect on the Effective Date, subject to approval by the City Council and compliance with the notice and hearing requirements in Article XIII.D of the California Constitution and Government Code Sections 53750 et seq. (collectively, "Proposition 218"). Such Rates shall be adjusted pursuant to Sections 6.2, 6.3, 6.4 and 6.5 below, subject to compliance with the notice and public hearing requirements of Proposition 218 as provided in such Sections. The parties' agreement to subject the Rates and certain adjustments thereto to the notice and public hearing requirements of Proposition 218 is precautionary only and shall not be 11 deemed an admission that Proposition 218 applies to the Rates or such adjustments. Company shall not charge any amount in excess of the approved Rates for services required by or permitted under this Agreement. 6.2 Modification Based on Consumer Price Index, Fuel Index, Recycling Reduction and Certain Pass Throu ham. (a) Adjustment Calculation. Each Rate shall be adjusted January 1st every year, beginning January 1, 2013 ("Rate Adjustment Date") to reflect changes in the CPI, the Fuel Index, the amount paid to Company by PRS for Recyclables and certain Pass Through Costs by a percentage determined in accordance with the Curbside Rate Calculation attached hereto as Exhibit C (the "Calculation"). (b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following terms shall have the following meanings. (i) "Base Fuel Costs" means Company's actual costs for diesel and other fuels used in performing services under this Agreement for the year ended December 31, 2010 or $200,641.15. (ii) "Base Revenue" means Company's total revenue received from Customers during the Comparison Year. (iii) "Base Year" means the year ended June 30`h one year prior to June 30`h of the Comparison Year. (iv) "Comparison Year" means the year ended June 30`h immediately prior to the relevant Rate Adjustment Date. (v) "Commercial Oversight Fees" means the total amount of commercial oversight fees, including any fees or charges adopted to replace or supplement such fees, paid by Company to City in accordance with Section 4 and 6.6 during the Comparison Year. (vi) "CPI" means the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics. (vii) "Disposal Fees — Garbage" means the actual Disposal Costs paid by Company to SWS for Solid Waste delivered by Company to the Transfer Station during the Comparison Year. (viii) "Disposal Fees — Green Waste" means the actual Processing Costs paid by Company to CCC, PRS or any other Authorized Facility for Green Waste delivered by Company to the CCC facility, the PRS Facility or such Authorized Facility, respectively, during the Comparison Year. (ix) "Fuel Costs" means Company's actual costs for diesel and other fuels used in performing services under this Agreement during the Comparison Year. (x) "Fuel Index" means the California No.2 Diesel Retail Sales by all Sellers (Dollars Per Gallon) published by the U. S. Energy Information Administration. (xi) "Landfill Closure Costs" means the total amount of landfill closure fees, including any fees or charges adopted to replace or supplement such fees, paid by Company to City in accordance with Section 4 and 6.6 during the Comparison Year. (xii) "Recycle Credit" means the product of (A) the average monthly weighted average price (AMWAP) per ton PRS is required to pay to Company under the Recycling Agreement for Source Separated Recyclables collected by Company curbside from 12 Residential Customers during the Comparison Year, but not less than $5.00, times (B) the total tons of such Recyclables so delivered by Company to PRS and accepted by PRS during the Comparison Year; provided, however, that if the amount of Recyclables rejected by PRS under Section 2 of the Recycling Agreement averages over any consecutive six month period more than 5% of the total Recyclables delivered to PRS ("the Acceptable Rejection Rate"), the credit shall include AMWAP, but not less than $5.00, times the tons of Recyclables rejected by PRS for that same six month period in excess of the Acceptable Rejection Rate. (xiii) "Total Costs" means all of Company's costs to provide Collection services under this Agreement, including, without limitation, labor costs, vehicle and vehicle - related costs, maintenance, insurance, and transportation costs, Fuel Costs and Pass Through Costs. (c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following rules shall apply. (i) "CPI Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (ii) "Fuel Index Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the Fuel Index from June of the Base Year through June of the -Comparison Year; provided, however, that, notwithstanding Section 6.2(b)(iii) above, "Base Year" for purposes of the Fuel Index Change shall mean the year ended June 30, 2010; and, provided, further, that the Fuel Index Change adjustment (i.e., Fuel Index Change multiplied by Base Fuel Cost) for any Rate Adjustment Date shall be calculated after removal of such adjustment for the prior Rate Adjustment Date. (iii) Each adjustment element in the first part of the Calculation will be grossed up for the corresponding increase or decrease in Franchise Fees and Billing Fees (where applicable) resulting from such adjustment, other than the CPI adjustment. (iv) Rate adjustments for changes in Commercial Oversight Fees or Landfill Closure Costs that take effect on a date other than January I", as well as changes in other Pass Through Costs, will be determined under Section 6.3 below and not under this Section 6.2. (d) Procedure. The procedure for Rate adjustments under this Section 6.2 shall be as follows: (i) Not later than August 15th of each year, Company shall file with the City Manager a written notice of intention to adjust each of the then current Rates effective as of January 1st of the next year in accordance with Section 6.2(a) through (c) above. (ii) Within sixty (60) days of the filing of the notice of intention, the City Manager shall review the notice and either confirm that the proposed Rates are within the limit of Section 6.2(a) though (c) above or establish by mutual agreement with Company any necessary changes to the proposed Rates to make such confirmation. (iii) Not later than November 15, Tthe City Manager shall Promptly inform the City Council in writing of his or her determinations re ag rding the new -revised Rates determined in accordance with this Section 6.2. Absent action by the City Council; with any new revised Rates, as confirmed by the City Manager, to -shall become effective on the following January 1 st. 13 (iv) In the event that the CPI or the Fuel Index described in Section 6.2(b) above shall be discontinued or materially modified during the term of this Agreement, the parties shall together select a replacement index and/or otherwise change Section 6.2(b) above so as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of the relevant index described in Section 6.2(b) as in effect on the date hereof. 6.3 Modification Based on Changes in Pass Through Costs. In addition to adjustments under Section 6.2 above, each Rate shall be adjusted to reflect changes in Pass Through Costs that are not the subject of Rate adjustments pursuant to Section 6.2 above, as follows. Using the section of the Calculation entitled "Revenue Base," each Rate shall be increased by an amount equal to the increase in applicable Pass Through Costs, and decreased by an amount equal to the decrease in applicable Pass Through Costs, in each case so as to cause all the Rates to compensate for such change in Pass Through Costs as of the date such change becomes effective and either payable by or a benefit to Company, and taking into account the increase or decrease in Franchise Fees and/or Billing Fees payable in respect of such change. 6.4 Five Year Review. Once every five (5) years (beginning no later than April 2, 2016 for purposes of adjusting the Rates effective January 1, 2017), City shall conduct a review for the purpose of determining whether or not the automatic adjustments provided in Sections 6.2 and 6.5 have adequately adjusted the rates to cover the actual increase or decrease in the _ Company's reasonable operating costs or have exceeded those costs and whether the Rates remain fair to the ratepayer and the Company. Depending on the results of that review the City may increase or decrease the rates. City shall complete each such review and adjustment, if any, at least three months (3) prior to the beginning of such year (by September 30, 2016 in the case of the first such review), and Company shall cooperate with such review. In conducting each such review, City shall consider the following information: financial records of Company (including operating expenses and revenues and Disposal, Processing, Regulatory and other costs of Company, and Company revenues), the factors described in Section 6.5 below, and rates charged for comparable services in similar communities. Increases or decreases in the Rates pursuant to this Section 6.4 shall be subject to the notice and public hearing requirements of Proposition 218. The City may conduct such investigation as it deems necessary to perform this review and Company shall cooperate with such investigation, which may include the City's inspection and copying of Company records and review and/or audit of Company's financial records by retained CPA, the costs of which shall be reimbursed to City from Base Revenue but treated as a pass-through cost for rate setting purposes. 6.5 Modification Based on Extraordinary Items. In addition to adjustments under Sections 6.2, 6.3 and 6.4 above, Company may request an increase in the Rates if Company's costs increase or its revenues decrease solely as the result of extraordinary circumstances beyond its control that could not have been reasonably anticipated by Company (such as a Change in Law) and if the increase in costs or decrease in revenues unavoidably adversely affects Company's opportunity to operate at a reasonable profit. Company shall have the burden of producing evidence reasonably satisfactory to City demonstrating its need for a rate increase prior to the regular Five Year Review pursuant to Section 6.4 above, including, but not limited to, reviewed or audited financial statements of Company, if requested by City. The City Council 14 shall consider the request in good faith. Any such increase shall only be approved through the notice and hearing requirements in Proposition 218. f6.6 ..... Billing._Company_shall bill directly for -all -Solid Waste. Recyclables and Green ---- Formatted: Font: Not Bold ----- - - - - - and Food Waste Collection services provided herein a Commercial and Institutional _______- Formatted: Font: Not Bold Customers, and those multi -family Residential customers assigned by City to Company for billing. Company and City shall regularly exchange billing lists to avoid double billing and to insure that Company is following the City's direction regarding its direct billing of multi- family residential customers__________________________Customers that it _ bills-- Formatted: Font: Not Bold hereunder as listed in Exhibit G ) directly for all Solid Waste, Rec-yelables and Green and Feed Waste Collection Sen.dees bprPi1nder City shall bill all Residential Customers (except those currently billed by Company as approved by City) for all Solid Waste, Recyclables and Green and Food Waste Collection services hereunder. Each Commercial or Institutional Customer will be billed for one (1) month of service in advance upon commencement of service, and thereafter for one (1) month of service in arrears. Interest of one percent (1%) per month or the highest rate permitted under applicable law, whichever is less, shall be applied to any past due amounts from all Customers until paid in full. Amounts shall be past due if not paid within thirty (30) days of billing. Company shall have the right to refuse service to any Customer that is more than sixty (60) days delinquent on his, her or its account; provided, however, that if the City is forced -to take enforcement action against a Customer who has been refused service, Company shall pay the City's costs to take such enforcement action as is necessary to protect public health and safety. Company shall pay City three percent (3%) of the amount billed by City to Residential Customers as a billing fee. City shall pay to Company all amounts billed to Residential Customers, less Billing Fees, Franchise Fees, commercial oversight fees and landfill closure costs (in accordance with Section 4 above), and a delinquency allowance equal to one-half percent (0.5%) of such billings, monthly within thirty (30) days of the end of the calendar month for which the Residential Customers are billed. When permitted by the City's accounting software, the City will reconcile the amount held by City as a delinquency allowance at the end of each calendar quarter and shall pay Company, within thirty (30) days after the end of such quarter, the portion of such amount that exceeds the actual delinquent billings for such quarter. 6.7 Proposition 218. Notwithstanding any other provision in this Agreement, in the event that the Rates or any modifications thereof are invalidated by a final non -appealable judgment in a court action challenging them as in violation of Proposition 218, and Company's operating costs exceed its revenue for a continuous period of six months since the date of the last Rate adjustment, Company shall have the right, exercisable by written notice to City within ninety (90) days after the entry of such judgment, to terminate this Agreement effective One Hundred Twenty (120) days after City's receipt of such notice. Provisions Applicable to Equipment and Personnel. 7.1 Company shall use in connection with transportation of Solid Waste modern 15 motor dump trucks with water tight bodies, sufficient in number and capacity to efficiently perform the work required by this Agreement. Company shall keep the outside of the truck bodies free from dirt and filth, and shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to prevent refuse from falling into public streets or places. Company shall keep all trucks freshly painted in a uniform manner, and the firm name or logo, telephone number, and truck number of each truck shall appear in a conspicuous manner. Company shall keep all trucks in good maintenance and repair, regularly inspect same, and keep accurate records of all vehicle maintenance. 7.2 Company shall not litter premises in the process of making collections nor allow refuse to blow or fall from any vehicle used for collections. Company shall clean up any and all spills, including oil and debris on the streets, resulting from its operations. Should Company fail to promptly clean up such spills resulting from its operations after notice from City, Company shall be liable to City for all reasonable costs incurred by City in doing so. 7.3 Company shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment for Collection of Solid Waste or who are otherwise directly involved in such Collection. Company shall use its best efforts to assure that all employees present a neat appearance, conduct themselves in a courteous manner, and perform the work as -quietly as possible.--- Company -shall also -designate one or more qualified employees as supervisors of field operations, who will devote a substantial portion of their time in field checking Collection operations, including responding to complaints. 7.4 City officials shall at all times have access on 24 hours' prior written notice to inspect Company's work during operations and Company's facilities for purposes of ascertaining full knowledge respecting the conduct of Company's operations. 8. Records and Reports. 8.1 Company shall keep and maintain accurate books and records in accordance with the most recently adopted Accounting Standards Codification of generally accepted accounting principles by the Financial Accounting Standards Board clearly showing its revenues and expenses in connection with the operations provided for in this Agreement. Company shall maintain records accounting by category for the tonnage of Solid Waste, Green Waste, Food Waste and Source Separated Recyclables Collected pursuant to this Agreement on a monthly, quarterly and annual basis. 8.2 Every three (3) months after the Effective Date through the date which applies for purposes of measuring compliance with the diversion requirements of AB 939, Company shall supply City with a written report setting forth Company's best estimate of the diversion rate as of the end of the most recent month. Company shall also supply City with such related information as City may reasonably request and as Company possesses or is required by this Agreement to possess concerning such estimate. 16 8.3 Every three (3) months after the Effective Date, Company shall provide City with a written financial report on the amounts billed by Company to each Multi -Family Residential, Commercial and Institutional Customer and the amounts paid by such Customer. 8.4 Not later than March 31 each year, or when otherwise requested by City, Company shall provide City with a complete customer list for all Customers with the service type, billing rate, and name and address of each Customer. Hold Harmless and Insurance. 9.1 Company shall indemnify and hold harmless City, its City Council, boards, commissions, officers, agents, representatives and employees from any and all actions, claims or damages brought for or on account of injuries to or death of any person or damage to property of all kinds resulting from or arising out of the operations of Company, its officers, agents, employees or servants pursuant to this Agreement. The duty of Company to indemnify and hold harmless shall include the duty to defend as set forth in California Civil Code Section 2778. 9.2 Company shall have in effect during the term of this Agreement, workers' compensation and employer liability insurance providing full statutory coverage. 9.3 Company shall take out and maintain during the term of this Agreement liability insurance for the following types and minimum amounts: (a) General liability, including comprehensive form, premises operations, products/completed operations, hazard, contractual insurance, broad form property damage, independent contractors and personal liability, with limits for bodily and property damage combined of $500,000 each occurrence and $500,000 aggregate. (b) Automobile liability, including comprehensive form, owned, hired and non - owned, with a limit of $1,000,000 for bodily injury and property damage combined. (c) Excess liability, umbrella form with the same scope of coverage and exclusions as the underlying policies, with a limit for bodily injury and property damage combined of $5,000,000 each occurrence and $5,000,000 aggregate. (d) Pollution and remediation liability with limits in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate insuring against loss, the cost of remediation and legal defense as a result of pollution conditions arising out of the collision, upset or overturn of Company vehicles in conjunction with this Agreement. Insurance certificates and policy endorsements evidencing the required coverage shall be filed with City and shall be subject to approval by the City Attorney. City, its City Council, boards, commissions, officers, agents and employees shall be named as additional insureds on any such policies of insurance which shall also contain a provision that the insurance afforded thereby shall be primary. No such policy shall be cancelled or modified except upon thirty (30) days' prior written notice to City. Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. 17 9.4 Company shall post a $300,000 performance bond or financial instrument reasonably acceptable to the City Manager as security for Company's faithful performance of each and every term, covenant and condition of this Agreement to be performed by Company, provided that the cost of such bond or other instrument shall be included in Company's Collection Costs for rate making purposes. 10. Remedies upon Default. 10.1 Company shall be deemed in default in the event Company defaults in the performance of any of the duties to be performed by it under the terms of this Agreement and fails to cure the default as further provided in this Section 10.1. City shall give Company written notice, either by mail or by personal service, setting forth the default. Company shall correct such default within thirty (30) days after receipt of such notice (within seven (7) days if City determines that the public health or safety is at risk) unless the default cannot, by its nature, be cured within said period, in which case the cure period shall be extended for such additional time as is reasonably necessary to effect a cure, provided that Company shall commence efforts to effect a cure as soon as practicable and shall diligently pursue the cure to completion. -- 10.2 In the event Company's -default described -in Section -10 -1 -is of -a -material----- - provision of this Agreement and is not cured as set forth in Section 10.1 or if Company has committed Multiple Breaches (defined to mean three or more defaults of material provisions of this Agreement within an eighteen (18) month period, whether cured or not) ("Material Default") City shall have the following remedies: 10.2.1 Liquidated Damages. The parties acknowledge that City will incur damages as a result of a Material Default, and that such Material Default may not warrant termination of this Agreement. The parties agree that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a Material Default. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. Liquidated damages shall be the City's exclusive damages remedy for any individual Material Default which does not result in termination of this Agreement by City. The amount of liquidated damages is $1,000 for each day the Material Default continues after Company fails to cure until it is either cured or the City terminates this Agreement. 18 10.2.2 Franchise Termination. Without further notice and without suit or other proceedings, City may cancel and annul the rights and privileges of this Agreement upon a Material Default. In the event of termination of this Agreement for Material Default, City shall have the right forthwith to grant a franchise to another scavenger service or to take possession of trucks and other equipment of Company used to perform work under this Agreement. City shall have the right to retain possession of the trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by City for the purpose and City shall pay Company the reasonable rental value of such trucks and equipment, and keep them in good maintenance and repair, during the time the same are used by City. City shall also have access to Company's records for the purpose of billing service accounts during the period City is providing the services described in this Agreement, and shall retain all fees collected for such services. 10.2.3 Other Remedies. Upon termination of this Agreement based on a Material Default, City shall have all other remedies in law or equity for such Material Default. 10.3 If a dispute arises between City and Company regarding fees or any other term or provision of this Agreement, the parties agree to meet and confer in good faith to resolve the dispute. Either party may request to meet and confer by written notice to the other party. Alternatively, the parties may agree to participate in non-binding mediation. If the dispute is not resolved within -thirty -(30) days after _the -written _ request to -meet -and confer -has-been _given -or _--- after __after the parties have agreed to non-binding mediation, the matter, other than an action seeking specific performance or other equitable relief, damages of Twenty Five Thousand Dollars ($25,000) or less, or indemnification or insurance coverage pursuant to Section 9, shall be submitted to non-binding arbitration in accordance with Title 9 of the California Code of Civil Procedure, commencing with Section 1280, before a single neutral arbitrator ("Arbitrator") in Mendocino County. The Arbitrator shall be an attorney with at least ten (10) years' experience or a retired judge (or a person having comparable qualifications) and shall be mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the superior court in accordance with Cal. Code Civ. Proc. § 1281.6. The fees and expenses of the Arbitrator shall be borne equally by the parties. In the event such non-binding arbitration does not resolve the matter and in any other dispute that results in any court action, the parties waive any right to a jury trial and agree that any such action shall be filed in the federal or state courts in or for Mendocino County, each party hereby consents to the jurisdiction of and venue in such courts, the matter shall be governed by the internal laws of the State of California (irrespective of choice of law principles), and the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in such action from the non -prevailing party. 10.4 If Company shall at any time during the term of this Agreement or any extension thereof, become insolvent, or if proceedings in bankruptcy shall be instituted by or against Company, or if Company shall be adjudged bankrupt or insolvent by any Court, or if a receiver or trustee in bankruptcy or a receiver of any property by Company shall be appointed in any suit or proceeding brought by or against Company, or if Company shall make an assignment for the benefit of creditors, then and in each and every such case, and provided that such proceedings, 19 adjudication, appointment or assignment, as the case may be, continue in effect for ninety (90) days without being vacated, removed or withdrawn, this Agreement shall immediately cease and come to an end, and the rights and privileges granted shall immediately be cancelled and annulled without notice or action required on behalf of City. 10.5 Notwithstanding any other provision herein, no default, delay or failure to perform on the part of either party shall be considered a breach hereunder if such default, delay or failure to perform is due to causes beyond such party's control, including, but not limited to, riots, civil disturbances, actions or inactions of governmental authorities, epidemic, war, embargoes, severe weather, fire, earthquake, acts of God, defaults by the other party or defaults by carriers. In the event of any such default, delay or failure to perform, any dates or times by which the affected party otherwise is scheduled to perform shall be extended for a period of time equal in duration to the additional time required because of the excused default, delay or failure to perform. 11. Assi nment. Company shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of this Agreement without the prior written consent of City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Company for approval under this Section. -Any -action -requiring -City -Council approval -under -this Section -that -occurs without - such approval shall give City the right to terminate this Agreement without prior notice to Company or its successors or assigns. For purposes of this Section, any transaction involving the transfer, sale or exchange of stock which results in.a change in majority control of Company from its owners as of the date hereof (excluding transfers between such owners and transfers by any such owners to revocable living trusts for the benefit of their families) shall be an assignment subject to City review and approval. 12. Waiver. The waiver by either party of any breach or violation of any term or condition of this Agreement or of any provision of law by the other party must be in writing signed by the party to be charged, and shall not be deemed to be a waiver of the term, condition or provision of law, or of any subsequent breach or violation of the same or any other term, condition or provision of law. The acceptance by City of any franchise fee or other fee or other monies which may become due hereunder to City shall not be deemed to be a waiver of any preceding breach or violation by Company. 13. Administration. The administration and enforcement of this Agreement shall be the responsibility of the City Manager or a designated representative of that office. This section is not intended to indicate or suggest the City Manager has the authority to grant, amend, or revoke the franchise referenced herein. Nothing contained in this Agreement shall prohibit the City Manager from seeking approval from the City Council for any decision the City Manager is authorized to make under the terms of this Agreement. 14. Independent Contractor. Company, its employees and agents, are independent contractors and not employees or agents of City. 20 15. Notices. Whenever a notice or document is required or permitted to be served or given hereunder, it shall be deemed given or served when received if delivered by fax or email (with acknowledgment of receipt), certified U.S. Mail, overnight courier (such as UPS or Federal Express), or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such document or notice shall be addressed as follows: City: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 FAX: Email: Company: Ukiah Waste Solutions, Inc. Attn: David M. Carroll, President P. O. Box 60 Ukiah, California 95482 FAX: Email: or to such other person or address as may be specified from time to time in writing by either party in accordance with this Section. 16. Amendments. This Agreement may be amended from time to time only by written agreement between the parties signed by an authorized representative of each party. Either party may at any time request that the service or other provisions in this Agreement be modified by delivering written notice of its requested modifications to the other party. Within thirty (30) days after receipt of any such request, the parties shall meet and negotiate in good faith on adopting such requested modifications, including, without limitation, any change to the Rates necessitated by such modifications, provided that nothing herein shall obligate either party to agree on any such requested modifications. 17. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the permitted successors and assigns of the parties. 18. Integration; Severability. This Agreement, including the Exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties, whether written or oral, relating to such subject matter, including the Prior Agreement. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement and the application of such provision to other persons or circumstances shall remain in effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision. M IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Ukiah Waste Solutions, Inc. By: President City of Ukiah By: City Manager 22 EXHIBIT A WASTE MANAGEMENT STRATEGIC PLAN 23 EXHIBIT B RECYCLABLE MATERIALS AGREEMENT 24 EXHIBIT B RECYCLABLE MATERIALS AGREEMENT THIS RECYCLABLE MATERIALS AGREEMENT (the "Agreement") is entered into as of _, 2011 by and between Pacific Recycling Solutions, Inc. ("Buyer") and Ukiah Waste Solutions, Inc. ("Seller"). Seller and Buyer shall collectively be referred to herein as the "Parties." WHEREAS, Seller is in the business of collecting and transporting solid waste and recyclable materials; and WHEREAS, Buyer wishes to purchase and Seller wishes to sell recyclable materials collected by Seller. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, Seller and Buyer hereby agree as follows: 1. Recyclable Materials. During the term of this Agreement, Buyer agrees to purchase and Seller agrees to sell all of the type(s) of recyclable materials identified in Exhibit A attached hereto and incorporated herein collected by Seller curbside from single-family residences within the California City of Ukiah ("Recyclable Materials"). The Recyclable Materials shall meet the standards and specifications set forth in Exhibit A or such other standards and specifications as shall be agreed upon in writing by 2. Delivery; Inspection. Delivery of the Recyclable Materials shall be made from Seller to Buyer's facility located at 4260 North State Street, Ukiah, California and/or 3501 Taylor Drive, Ukiah, California, commonly known as the Materials Recycling Facility (the "MRF"), in accordance with a schedule as agreed upon in advance by Buyer and Seller. Buyer shall be entitled to inspect the Recyclable Materials and, in , shall have the right to feJ eet and fetw4i4o in Exhibit A. Notice of rejeetion of non eonfaimifig Reeyelable Matefials shall be given by Buyer- to Ma4er-ials. Failure to provide written fiatiee in aeeer-danee with the terms of the preeeding sentenee shall forfeit ' and Buyer shall not be obligated to pay the purchase price for non -conforming Recyclable Materials thm aro r-ejeeted in aeeefdafleo with this Seetierrbut shall bear all costs associated with inspecting; and testing and non -conforming Recyclable Materials. Buyer shall provide monthly reports to Seller setting forth the amount by weight and the percentage of Recyclable Materials rejeeted-determined by Buyer to be non -conforming. 3. Pricing; Payment. Buyer shall pay Seller the price per ton determined in Exhibit B attached hereto and incorporated herein, but not less than $5.00, for each ton of Recyclable Materials that is received and not rejected by Buyer in accordance with Section 2. The Recyclable Materials shall be weighed at Seller's or Buyer's facility, as agreed by the parties, and proof of weight shall be provided to Seller. Seller shall, on a monthly basis, transmit an invoice to Buyer showing the types and number of tons of Recyclable Materials received by Buyer hereunder during the preceding month and the total amount due therefor. Buyer shall remit to Seller the full amount due no later than the fifteenth (15th) day of the month following the month in which Recyclable Materials were received by Buyer. Within thirty (30) days after the end of each year of the term of this Agreement, the Parties shall conduct a true -up of the amounts paid and the amounts owed hereunder, with UWS returning any overpayment to PRS and PRS paying any underpayment to UWS. Each late payment shall be subject to a late fee of one and one- half percent (1-1/2%) and shall bear interest at the higher of 10% per annum or the highest rate permitted by applicable law until paid in full. Page 1 4. Term; Default: Termination. 4.1 Subject to Section 9 below, the term of this Agreement shall be for a period commencing on January 1, 2012 (the "Effective Date") and ending upon the expiration or termination of Seller's Waste Collection Agreement with the City of Ukiah of even date herewith, including extensions, subject to earlier termination on the terms herein. 4.2 If at any time either Party determines or becomes aware that the other Party is in default under or has breached any of the terms of this Agreement, the non -defaulting Party shall provide written notice to the other Party as to the nature of such default. If the defaulting Party fails to make any payment due hereunder within five (5) days, and/or fails to cure any default in the performance of any other obligation under this Agreement within thirty (30) days, after receipt of such written notice, the non - defaulting Party shall have the right to terminate this Agreement upon giving written notice, provided, however, that, other than for failure to make any payment hereunder, in the event the defaulting party shows cause why it should be entitled to reasonable additional time to cure a default, the non -defaulting Party shall allow such reasonable additional time to cure. 5. Representations and Warranties. In performing this Agreement, each of the Parties shall fully comply with all applicable federal, state and local laws, ordinances, decisions, orders, rules or regulations. Each -of the_P_arties_shall, and -shall cause any carrier with which it contracts to, -handle and transport the Recyclable Materials in a safe and workmanlike manner and all of the Parties' driver personnel and any carrier with which the Parties contract are, and shall at all times relevant to the performance of this Agreement remain, properly licensed and otherwise fully qualified to perform the services required hereunder. By the commencement date of this Agreement and throughout the term of this Agreement and any extension thereof, each Party shall be duly licensed, permitted and authorized pursuant to all applicable federal, state and local laws to handle and transport the Recyclable Materials and each Party's facility or facilities will have been issued all licenses, permits and authorizations required by all applicable federal, state and local laws to handle Recyclable Materials. 6. Indemnification. Each Party hereto (the "Indemnitor") hereby agrees to indemnify, hold harmless and defend the other Party, and its owners, officers, directors, employees and agents (collectively, the "Indemnitees"), from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including reasonable attorneys' fees (collectively, "Damages"), which any or all of the Indemnitees may hereafter suffer, incur, be responsible for or pay out as a result of personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent directly or indirectly caused by, or arising from or in connection with the breach of any representations and warranties set forth in this Agreement of, the Indemnitor, or any negligent or intentional actions or omissions or willful misconduct of the Indemnitor, its employees, officers, owners, directors or agents in the performance of this Agreement or the transportation, handling or disposition of the Recyclable Materials by the Indemnitor, its employees or subcontractors. Such indemnity shall be limited to exclude Damages to the extent they arise as a result of any negligent or intentional actions or omissions or willful misconduct of the Indemnitees or their employees, officers, owners, directors or agents. If any claims indemnified against under this paragraph have the potential for coverage under any insurance, then the indemnities set forth in this Agreement shall apply only to the extent the amount of any indemnified claim exceeds all amounts collected under any insurance covering such claim. Before pursuing recovery under this indemnity, the Indemnitees shall exhaust all recovery available for such claim from insurance. Page 2 7. Insurance. Each of the Parties shall obtain and maintain during the term of this Agreement commercial general liability insurance which conforms to the industry standard for the services being performed by each hereunder and workers' compensation insurance that complies with applicable state statutory requirements. 8. Assignment. This Agreement shall be binding upon the successors and assigns of the Parties hereto; provided, that no assignment of this Agreement shall be binding upon the other Party without the other Party's consent, which consent shall not be unreasonably withheld or delayed; and provided further, that no assignment shall be valid and binding which endeavors to relieve the assigning Party of any obligations to make payments hereunder which accrued prior to the date of assignment or in which the assignee does not affirmatively agree, in writing, to assume all obligations of the assignor under this Agreement. 9. Force Majeure. Except for the obligation to pay for Recyclable Materials received by Buyer, the performance of this Agreement may be suspended to the extent that and for so long as either Party's obligations hereunder are delayed or hindered by a cause or causes beyond the reasonable control of such Party. Such causes shall include, but not be limited to, acts of God, landslides, lightning, forest fires, storms, floods, freezing, earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, or other similar causes. 10. General Provisions. (a) No waiver by either Party of any one or more defaults or breaches by the other in the performance of this Agreement shall operate or be construed as a waiver of any future defaults or breaches, whether of a like or different character. If any provision of this Agreement is declared invalid or unenforceable, then such portion shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. (b) This Agreement and all Exhibits hereto represent the entire understanding between the Parties and no representations, statements or agreements, unless agreed to by the parties in writing, shall modify, change, amend or otherwise affect the obligations undertaken in this Agreement. This Agreement supersedes, as of the Effective Date, the prior Recyclable Materials Agreement between the Parties and Solid Wastes Systems, Inc. dated November 1, 2007, and may only be amended by a written agreement executed by Seller and Buyer. (c) All notices under this Agreement shall be in writing and shall be effective if delivered personally or sent by certified mail, postage prepaid, or by overnight carrier or confirmed facsimile to the addresses set forth on the signature page hereto or to such other address as either Party shall specify by written notice so given. Any notice sent by mail shall be deemed given and received three (3) business days after the date deposited in the mail. Any notice given by personal delivery or sent by overnight carrier or confirmed facsimile shall be deemed given upon receipt. (d) The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the internal laws of the state of California, irrespective of choice of law principles, and applicable federal laws and regulations. (e) The City of Ukiah shall be considered a third party beneficiary of this Agreement with all of the rights of a party to enforce the provisions of this Agreement. EXECUTED and effective as of the Effective Date. Page 3 Pacific Recycling Solutions, Inc. Ukiah Waste Solutions, Inc. By: Its: By: Its: Address for receipt of notices: Address for receipt of notices: Page 4 EXHIBIT A TYPES, STANDARDS & SPECIFICATIONS OF RECYCLABLE MATERIALS Material Specifications During the course of operations, any changes to the material specifications for any inbound commodity will be agreed to by both Parties prior to introduction of the new commodity. Residential Materials Materials collected through curbside recycling include: glass bottles and jars, tin and aluminum cans, aluminum foil, plastic food and beverage containers (#1-#7) and milk and juice cartons, newspaper, OCC, magazines, junk mail, chipboard, white and office paper, and telephone books. Inbound materials may not contain more than 5% reject material. Commercial Materials Clean Corrugated Containers Consists of baled or loose corrugated containers having liners of either test liner, jute or kraft. Prohibitive materials..............................................1% Total Outthrows may not exceed................................5% Mixed Office Paper Consists of office fiber waste including envelopes, files, file folders, white ledger, color ledger, CPO, copy paper (coated or uncoated), brochures, forms and associated staples, clips, bindings and bands. • Prohibitives include glass, food, shredded paper, restroom waste and hospital waste. • Total outthrows may not exceed 5%. Page 5 EXHIBIT B Insert Base Curbside Composite Market Value Grid here Page 6 EXHIBIT C CURBSIDE RATE CALCULATION 25 EXHIBIT D AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE 26 EXHIBIT GD AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE THIS AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE (the "Agreement") is entered into as of � 2011 ("Effective Date") by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"), with reference to the following: A. PRS owns and operates a green waste and wood waste processing facility located at 4260 North State Street, Ukiah, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS is party with the City of Ukiah to that certain Amended and Restated Transfer Station Agreement of even date herewith for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste (the "TS Agreement"), and UWS is party with the City of Ukiah to that certain Waste Collection Agreement of even date herewith for the collection and disposal of solid waste (the "Collection Agreement"). SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of approximately 10,000 tons annually of Materials at the Facility. In consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under the TS Agreement and the Collection Agreement, and delivered by SWS or UWS to the Facility, on the terms herein. 3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS and UWS, SWS and UWS shall each pay PRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 4 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. Adjustment of Processing Rate: �------ Formatted: Indent: Lek: 0", Keep with next, t., Tab stops: Not at 0.5" Adjustment based on CPI: PRS shall have the right, commencing on July 1, 2012 and Formatted: Keep with next annually thereafter, to increase the Processing Rate by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. Five year review: oreeessed efeen and weed waste. Every five years the parties and the City of Ukiah ("City") shall review the nate fee to determine whether changes in the market forrgreen and wood waste warrant ?0 adjustment in the gate -fee-to-account for changes in the__c_ost____ -- Formatted: Not Highlight of processing and the income produced from processed green and wood waste. If processing costs have become substantially Inore or less and/or the income produced ----------- .-- Formatted: Not Highlight from processed material has substantially increased+or decreased over the five year________________ Formatted: Not Highlight period, the rates shall be�adiusted to account for these chan g&AA,Formatted: Not Highlight 5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of the TS Agreement or the Collection Agreement, respectively, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection of non -conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non -conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS's right to reject such non -conforming Materials. SWS or UWS shall bear all costs associated with inspecting, testing and rejecting any non -conforming Materials. Each party agrees to comply with all laws applicable to such parry in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: SWS and UWS shall deliver an aggregate inini.,=u:nagpregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 11. Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose the Processing Rate as may be reasonably requested or required by the City of Ukiah under the TS Agreement or the Collection Agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Bene€reinryyiesBeneficiaries: The City of Ukiah shall be deemed a third party beneficiary of this Agreement with all of the rights of a party to enforce the provisions of this Agreement. IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above. PACIFIC RECYCLING SOLUTIONS, INC. By: SOLID WASTES SYSTEMS, INC. By: UKIAH WASTE SOLUTIONS, INC. By: EXHIBIT E INITIAL SERVICE RATES The current rate chart is attached. Commercial Green Waste collection is charged at the same rates as Commercial Solid Waste. The chart will need to be expanded to clarify that for Single Family Residences, the Solid Waste rate includes Recyclables and Green Waste, and that for Multi -Family Residences and Commercial Solid Waste, Recyclables and Green Waste collection are all billed at the cart rates listed. Rates to collect and dispose of sludge will be competitive with current rates. Insert replacement/additional cart/container fees. Insert all Special Charges. 27 AMENDED AND RESTATED TRANSFER STATION AGREEMENT TABLE OF CONTENTS Page Amended and Restated Transfer Station Agreement 1 1. Operating Rights 1 2. Definitions 2 3. Term 5 4. Operations 5 4.1 Receipt, Transfer and Disposal of Solid Waste 5 4.2 Buy -Back Recycling 6 4.3 Drop -Off Recycling 6 4.4 Household Hazardous Waste Recycling 6 4.5 Green Waste and Wood Waste 7 4.6 Food Waste 7 4.7 Reuse Facility 7 4.8 Unacceptable Waste Prohibited 7 4.9 Refusal of Waste 7 4.10 Title to Waste 7 4.11 Hours of Operation 8 4.12 Additional Services 8 4.13 Permits and Licenses 8 4.14 Applicable Law 8 5. Landfill Fee 8 i 6. Gate Rate and Other Service Fees 8 6.1 Establishment 8 6.2 Modification Based on Consumer Price Index, Fuel Index and Certain Pass Through Costs 8 6.3 Modification Based on Changes in Pass Through Costs 10 6.4 Five Year Review 1 1 6.54 Modification Based on Extraordinary Items 11 6.63 Billing 11 7. Provisions Applicable to Equipment and Personnel 11 7.1 Equipment 12-1 7.2 Facility Maintenance 124- 247.3 7.3Transport of Materials 124- 247.4 7.4Staffing 12 7.5 Subcontractors 12 8. Records and Reports 12 9. Hold Harmless and Insurance 12 10. Remedies Upon Default 4314 11. Assignment 4-516 12. City's Options to Purchase Site, Improvements and Equipment 15 12.1 City's Options to Purchase Site and Improvements 16 12.2 Prior Termination 16 13. Purchase or Lease of Site and Purchase of Improvements 176 It 19. Successors and Assigns 18 20. Integration; Severability 198 Exhibit A — Agreement for the Receipt of Green and Wood Waste 20 Exhibit B — Strategic Waste Management Plan 21 Exhibit C - Legal Description of Transfer Station Site 22 Exhibit D — Rate Schedule 23 Exhibit E — Transfer Station Rate Calculation 24 Exhibit F — Transfer Station Lease 25 Exhibit G — Current Geographic Area Served By Transfer Station 26 13.1 Purchase of Site 16 13.2 Lease of Site 16 13.3 Purchase of Improvements 17 14. Waiver 17 15. Administration 17 16. Independent Contractor 187- 8717. 17. Notices 187 18. Amendments 18 19. Successors and Assigns 18 20. Integration; Severability 198 Exhibit A — Agreement for the Receipt of Green and Wood Waste 20 Exhibit B — Strategic Waste Management Plan 21 Exhibit C - Legal Description of Transfer Station Site 22 Exhibit D — Rate Schedule 23 Exhibit E — Transfer Station Rate Calculation 24 Exhibit F — Transfer Station Lease 25 Exhibit G — Current Geographic Area Served By Transfer Station 26 AMENDED AND RESTATED TRANSFER STATION AGREEMENT This Amended and Restated Transfer Station Agreement (the "Agreement") is made as of November , 2011 ("Effective Date") by and between the City of Ukiah, a municipal corporation (hereinafter "City"), Solid Wastes Systems, Inc., a California corporation (hereinafter "Contractor"), and Yulupa Investments, LLC, a California limited liability company ("Owner"), with reference to the following: WHEREAS, Owner currently owns and Contractor currently operates the Ukiah Valley Transfer Station located in Mendocino County pursuant to that certain Agreement dated November 20, 2001, as amended April 17, 2002 and the Consent to Sale [Transfer Station Contract], dated October _, 2007, collectively, the "Prior Agreement"; and WHEREAS, Ukiah Waste Solutions, Inc. ("UWS"), a California corporation and an affiliate of Contractor, collects all Solid Waste generated in City pursuant to that certain Waste Collection Agreement with City of even date herewith (the "Collection Agreement"); and WHEREAS, Contractor has proposed a capital -intensive, long-term Strategic Waste Management Plan (the "Strategic Plan"), including, but not limited to, Contractor fmanced capital projects, for City and the other customers Contractor and its affiliates serve that is designed to increase diversion of Solid Waste from landfills, reduce greenhouse gasses, convert waste into energy, and create new jobs; and WHEREAS, undertaking the Strategic Plan will require a long-term commitment of Contractor's staff, time and capital; and WHEREAS, the parties wish to continue to assure the health, safety and public welfare of City's residents and businesses by providing efficient services for recycling and the disposal of all Solid Waste generated in the City resulting in increased diversion pursuant to the terms of a long-term agreement that amends and restates the Prior Agreement; NOW, THEREFORE, in and for the mutual covenants herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Operating Rights. 1.1 Contractor shall have the exclusive right to operate, and shall operate, the Transfer Station (as defined in Section 2 below) in accordance with the terms of this Agreement and all applicable federal, state and local statutes, regulations, ordinances and other laws and enforceable policies. Subject to any limits imposed by applicable law, all Solid Waste generated in City shall be delivered to the Transfer Station and Contractor shall be entitled to accept at the Transfer Station Solid Waste generated anywhere within Mendocino County. Contractor shall also have the right to accept at the Transfer Station Solid Waste generated outside of Mendocino County with City's prior written consent (which consent shall not be unreasonably withheld and may be granted by City's City Manager), provided that Contractor shall identify and keep records satisfactory to both California Department of Resources Recycling and Recover ("CalRecyle") and City, including the quantity and the jurisdiction of origin of such Solid Waste. Receipt and disposal of such solid waste shall be subject to all of the applicable provisions of this Agreement, including Contractor's obligation to indemnify and hold City harmless in any action related to the acceptance of out of County Solid Waste, and the payment, if levied, of a Git . host fee peF too c,tio N48WN4 a Fee. Surcharges. During the term of this Agreement, City shall not own, operate or authorize any facility that would compete with the Transfer Station or Contractor's operation thereof, nor shall City issue any request for proposal for the operation of the Transfer Station by any person other than Contractor except for any period after the expiration or termination of this Agreement in accordance with its terms. Correspondingly, Owner, Contractor and any Related Entity (as defined below) shall not accept at any facility owned or operated by them Solid Waste originating from any source generated in the areas of Mendocino County described at Exhibit G, which represents the Solid Waste, as of the November 1, 2011, that is received at the Transfer Station, unless such Solid Waste has first passed through and paid Gate fees at the Transfer Station. "Related Entity" means an entity in which Contractor or Owner, any of its shareholders, partners or members, or their spouses, are owners, members, partners, or over which Owner, Contractor, their shareholders, members or partners, or their spouses, otherwise exercise any ownership or control. 1.2 To the extent permitted by applicable law, City shall take such steps as may be reasonably necessary to protect Contractor's rights under this Agreement; provided, however, that City's obligation under this Section 1.2 is subject to Contractor's agreement, upon request of City, to reimburse City's reasonable expenses, including attorneys' fees and litigation expenses, incurred in taking steps as agreed upon herein; and, provided, further, that nothing herein shall prevent EexContractor from taking any lawful action to protect its rights hereunder. 1.3 Except as expressly provided herein, this Agreement shall sxpereedesunersede the Prior Agreement as of the Effective Date set forth in Section 3 below, when the Prior Agreement shall cease to have any effect (except for periods prior to such Effective Date). Definitions. 2.1 "Acceptable Waste" means all Solid Waste, except Recyclables, Food Waste, Green Waste, Wood Waste, Hazardous Waste, Household Hazardous Waste and Unacceptable Waste. 2.2 "CCC" means Cold Creek Compost, Inc. 2.3 "Change in Law" means the enactment, adoption, promulgation, issuance, modification, or written adoption or change in administrative or judicial interpretation on or after the Effective Date of, any law, regulation, rule, order, judgment, decree, permit, approval or other requirement of any governmental agency (including City) having jurisdiction over this Agreement or Contractor's performance hereunder. 2.4 "Construction Debris" means used or discarded construction materials generated during the construction or renovation of a building, structure or other man-made improvement. 2.5 "Demolition Debris" means used construction materials generated during the razing or renovation of a building, structure or other man-made improvement. 2.6 "Disposal" means the permanent placing of Solid Waste in a facility legally permitted to receive it. 2.7 "Disposal Costs" means Contractor's costs to Dispose of Solid Waste at a Disposal Facility, including all tipping fees and service fees paid by Contractor to any Disposal Facility for such Disposal. 2.8 "Disposal Facility" means any fully -permitted Subtitle D approved Solid Waste landfill, 2 approved by City pursuant to Section 4.1 below, to which Contractor transports Acceptable Waste for Disposal (including, without limitation, any authorized transfer station for ultimate Disposal at such a landfill). 2.9 "Food Waste" means food that is discarded (as from a Commercial or Residential Property kitchen). 2.104- "Franchised Waste Hauler" means any person that possesses a franchise, permit, license or contract from a public agency authorizing such person to collect and transport Solid Waste from generators of such Solid Waste in or subject to such agency's jurisdiction. 2.112 "Green Waste" means tree trimmings, grass cuttings, plants, leaves, branches and trees (not more than six (6) inches in diameter or more than four (4) feet in length) and similar materials. 2.123 "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the State of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations. 2.134 "Household Hazardous Waste" means Hazardous Waste that is generated at Residential Properties. 2.143 "Pass Through Costs" means Disposal Costs, Processing Costs and Regulatory Costs, as well as any increase above $10.00 per ton in the lease rate payable under the lease between City and Contractor (or Owner for the Transfer Station Site and the Improvements attached hereto as Exhibit F. 2.156 "Processing" means the act of salvaging, reprocessing, marketing and selling or reusing Recyclables, Food Waste, Green Waste and Wood Waste for the purpose of Recycling, whether directly or through one or more third parties, and shall include other means of diverting Solid Waste from landfills pursuant to the Strategic Plan. 2.167 "Processing Costs" means fees, if any, paid by Contractor to a Processing Facility for Processing Recyclables, Food Waste, Green Waste, Wood Waste and Solid Waste received at the Transfer Station. The amount paid by Contractor to PRS for Green Waste or Wood Waste delivered to the PRS Facility shall be as determined under that certain Agreement for the Receipt of Green and Wood Waste among PRS, UWS and SWS of even date herewith and attached hereto as Exhibit A. 2.178 "Processing Facility" means, with respect to Recyclables, the PRS Facility and/or any other authorized facility selected by Contractor and approved by City pursuant to Section 4.1 below, and, with respect to Food Waste, Green Waste and Wood Waste and subject to Section 4.5 below, the CCC facility (as defined in Section 4.5 below), the PRS Facility, any licensed biomass conversion facility, and/or any other authorized facility selected by Contractor and approved by City pursuant to Section 4.5 below. 2.181 "PRS" means Pacific Recycling Solutions, Inc. 3 2.1929 "PRS Facility" means the materials recovery and green waste facility operated by PRS, currently located at 4260 North State Street, Ukiah, California and/or 3501 Taylor Drive, Ukiah, California. 2.201 "Recyclables" means Solid Waste which may be Recycled, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including Food Waste, Green Waste and Wood Waste), electronic waste, wood, brick and stone in reusable size and condition, those items of Construction Debris and Demolition Debris which are described in Sections 2.4 and 2.5, appliances and automobile and light truck tires. Contractor shall report changes in Recyclables accepted at the Transfer Station to the City Manager who must approve those changes. 2.212 "Recycle" means the process of reusing or processing Solid Waste into a form suitable for reuse consistent with the requirements of the California Integrated Waste Management Act of 1989, as amended ("AB 939"). 2.223 "Regulatory Costs" means all regulatory and governmental fees and charges incurred by Contractor in connection with providing services under this Agreement, including, without limitation, ,Surcharges such as_thg-FEan City 1Landfill fFee_and_MSWMA fee__ as_shown on Exhibit_E_apA Formatted: Highlight hest fees payable to Cityor MSWMA pursuant to Section 1.1 above. 2.234 "Segregated" means: 2.234.1 As to Recyclables other than Food Waste, Green Waste and Wood Waste, Recyclables that have been separated from Solid Waste that is not Recyclables and from Food Waste, Green Waste and Wood Waste prior to delivery to the Transfer Station, and that are saleable or acceptable for Processing without further sorting. (For example, cardboard and glass that have been separated by a Self Hauler from wet garbage is Segregated.) 2.234.2 As to any of Food Waste, Green Waste or Wood Waste, each of those types of waste that has been separated from Solid Waste that is not Recyclables and from each of Food Waste, Green Waste and Wood Waste, as applicable, prior to delivery to the Transfer Station, and that in each case are saleable or acceptable for Processing without further sorting. (For example, Food Waste that has been separated from all Solid Waste by whatever means, and Recyclables, including Green Waste and Wood Waste, is Segregated.) 2.245 "Self Haulers" means persons delivering Acceptable Waste, to the Transfer Station who are not Franchised, or otherwise legally permitted, Waste Haulers. 2.256 "Solid Waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, Food Waste, Green Waste, Wood Waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this Agreement Construction Debris, Demolition Debris and Recyclables, but excluding Hazardous Waste and Household Hazardous Waste. 2.26-7 "Strategic Waste Management Plan" means the plan attached hereto as Exhibit B which is incorporated herein by this reference or any revisions thereof approved by EexyContractor and City. 2.278 "Surcharge" means any per ton _fee imposed by City on MSW received at the Transfer Formatted: Not Highlight Station .yable to the r,re.v�the Landfill Fee payable to City pursuant to Section 5 below, and the MSWMA Fee payable to the Mendocino Solid Waste Management Agency ("MSWMA") (currently $5.00 per ton), including, in each case, any fees or charges adopted to replace or supplement such Fees^ 2.28289"Transfer Station" means the facility located on the Transfer Station Site. 2.292930 "Transfer Station Site" means the real property commonly known as 3151 Taylor Drive, Ukiah, California, Mendocino County Assessor's Parcel No. 14-140-13, and which is depicted and described on Exhibit C attached hereto and hereby incorporated herein. 2. -N304 -"Unacceptable Waste" means the types of Solid Waste that may not be received at the Transfer Station unless authorized by the permits issued for the operation of the Transfer Station. 2.4312"Wood Waste" means unpainted and untreated lumber and boards separated from Solid Waste, including other Recyclables. 3. Term. Subject to earlier termination in accordance with the terms of this Agreement, the term of this Agreement shall commence on January 1, 2012 (the "Effective Date") and continue for a period of fifteen (15) years through December 31, 2026, provided that Contractor shall have one (1) option to extend this Agreement and the rights granted hereunder on the terms and conditions herein for a period of five (5) years commencing January 1, 2027 and ending December 31, 2031. Notice of Contractor's exercise of such option must be given at least six (6) months prior to December 31, 2026. The option to extend hereunder may not be exercised unless Contractor is in material compliance with the terms of this Agreement at the time of exercise and on December 31, 2026. It is the parties' intention that, subject to prior termination hereunder or thereunder, the term of this Agreement be coextensive with the term of the Collection Agreement. Operations. Contractor shall provide the following operations at the Transfer Station: 4.1 Receipt, Transfer and Disposal of Solid Waste. Contractor shall accept, for the per ton or per yard Rate for Municipal Solid Waste ("MSW"), set forth in Exhibit D attached hereto as adjusted under Section 6 below, Acceptable Waste delivered to the Transfer Station by Franchised Waste Haulers and Self Haulers, and shall transfer or transport such Acceptable Waste to a Disposal Facility or a Processing Facility, in accordance with the terms of this Agreement. The initial Disposal Facility shall be the Eastlake landfill, the initial Recyclables Processing Facility shall be the PRS Facility, and the initial Green and Wood Waste Processing Facility is described in Section 4.5 below. Any alternate or successor Disposal or Processing Facility to the initial Facilities approved or described in this Agreement shall be subject to City's approval as provided hereafter. 4.1.1 At least one year and three months before the expiration of the term of the disposal contract between Contractor and the existing Disposal Facility, Contractor shall begin the process of selecting a successor Disposal Facility (which may be the existing Disposal Facility), and at least seven months before such expiration, Contractor shall give City written notice identifying the proposed Disposal Facility, including its name and location, and the particulars of the disposal costs it recommends for the period of the new disposal agreement. Such notice shall include: (1) the anticipated tipping fee and other charges for Disposal at that Facility (2) a comparison of the disposal costs of the expiring disposal agreement to the new recommended disposal costs; (3) any impact the new recommended disposal costs will have on the Gate Fee (4) a justification statement, if the recommended disposal costs will increase by more than an annual CPI adjustment; (5) a list of Contractor explored disposal options not recommended, and (6) why the Contractor believes the recommended Disposal Option is best. Before giving such notice to City, Contractor has a duty under this Agreement to have vigorously explored all Disposal options reasonably available. The notice shall be accompanied by a copy of the proposed contract between Contractor and such Facility. Contractor shall also provide City with any additional information about such Disposal Facility reasonably requested by City. Contractor's use of the proposed Facility shall be subject to the City Council's approval, which shall not be unreasonably withheld and may be given by City's Cit.. Manage In acting on a request for approval, the City shall consider, among other things, whether the cost of using that Facility is reasonably consistent with the Strategic Plan and available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives; provided, however, that if the City CouncilManagef determines that another Disposal Facility reasonably available to Contractor will provide the same service at a lower cost, Contractor shall use that Facility. 4.1.2 Contractor shall provide City with written notice as soon as Contractor knows that it will use a Processing Facility instead of or in addition to PRS, the Scotia Facility (as defined below) or CCC. The notice shall provide the name and location of the proposed Facility, the anticipated gate fee and other charges for Processing at that Facility, and a copy of the proposed contract between Contractor and such Facility. Contractor shall also provide City with any additional information about such Processing Facility reasonably requested by City. Contractor's use of the proposed Processing Facility shall be subject to the City Council's approval, which shall not be unreasonably withheld-e&d may be given by City's City Manage~ In acting on a request for approval, the City shall consider, among other things, whether the cost of using that Facility is reasonably consistent with the Strategic Plan, available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives, and otherwise qualifies as an Authorized Facility. 4.1.3 In the event that any Facility described above cannot accept Solid Waste, Recyclables, Green Waste, or Food Waste Generated in City on a temporary basis due to no fault of Contractor, or due to events beyond the control of Contractor, such as acts of God, public emergency, strike or lockout by employees of another entity unrelated to Contractor, Contractor shall locate and use an alternate Facility for the duration of such circumstance; provided, however, that City approval in accordance with this Section 4.1 shall be required if the Facility cannot accept the applicable materials for a period of time exceeding three (3) months. 4.2 Buy -Back Recycling. Contractor shall operate a certified Beverage Container Recycling Center at the Transfer Station that will provide redemption buy-back from the public in accordance with the rules of CalRecycle, and which is open to the public during regular business hours at least six days per week. 4.3 Drop -Off Recycling. Contractor shall accept at a designated area of the Transfer Station, at no charge, Segregated Recyclables (other than Food Waste, Green Waste, Wood Waste and the types of Recyclables listed on Exhibit D as bearing a charge), from Self Haulers, and shall transfer or transport such Recyclables for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall accept at a designated area of the Transfer Station, at the designated Recycling Rate set forth on Exhibit D as adjusted under Section 6 below, Segregated Recyclables of the types listed on Exhibit D as bearing a charge, from Self Haulers, and shall transfer or transport such Recyclables for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall be entitled to retain all revenue it receives from the sale of such Recyclables. Any residue from the Recycldbles received at the Transfer Station that cannot be processed shall be disposed of at a Disposal Facility. City may designate an entity other than Contractor, including MSWMA, to provide hazardous waste load -check and te remove refrigerant removal at no cost to Contractor or the general public. 4.4 Household Hazardous Waste Recycling. Contractor shall, at the applicable Rate set forth on Exhibit D as adjusted under Section 6 below, accept from Self Haulers who are residents of City, oil filters, used motor oil (up to five gallons per customer), antifreeze and automobile and boat batteries, and shall transfer or transport such items for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall be entitled to retain all revenue it receives from the sale of such items. Any residue from such items that cannot be Processed shall be disposed in accordance with all legal requirements at a City approved facility fully licensed to accept such materials. 4.5 Green Waste and Wood Waste. Contractor shall accept at a designated area of the Transfer Station, at the applicable Green Waste Rates specified in Exhibit D as adjusted under Section 6 below, Segregated Green Waste and Segregated Wood Waste from Self Haulers, and shall transfer or transport all such Green Waste and Wood Waste to the Scotia biomass conversion facility (the "Scotia Facility") or a Processing Facility for Processing, in accordance with the terms of this Agreement; provided, however, that, notwithstanding any other provision in this Agreement, Contractor shall arrange for delivery of an average of 400 tons per calendar month, subject to seasonal adjustments affecting the amount of Green Waste available, of Green Waste (including Green Waste generated in City), un -ground but presorted, to the CCC facility so long as (a) CCC is licensed to accept Green Waste from City, (b) CCC is in full compliance with its license, (c) CCC is the only licensed composing facility in Mendocino County that is licensed to accept and is capable of accepting the full range of inputs accepted by CCC as of April 1, 2008, (d) CCC charges not more than $32.00 per ton for the first 200 tons of such Green Waste in the aggregate delivered per calendar month (which represents the Green Waste collected curbside in City by UWS) and no charge for any tons in excess of 200 delivered in such month which represents Green Waste from sources other than City), and (e) CCC continues to accept sheet rock from Contractor, UWS and PRS at no charge; and, provided, further, that Contractor's obligation shall be deemed satisfied by Green Waste arranged to be delivered by UWS to the CCC facility pursuant to Section 5.11(c) of the Collection Agreement. Any residue from the Green Waste or Wood Waste received at the Transfer Station that cannot be Processed shall be disposed of at a Disposal Facility. 4.6 Food Waste. Upon commencement of a food waste program under the Collection Agreement, Contractor shall accept at a designated area of the Transfer Station, at the applicable Food Waste Rates submitted to and approved by City, Segregated Food Waste, and shall transfer or transport all such Food Waste to a Processing Facility for Processing, in accordance with the terms of this Agreement. 4.7 Reuse Facility. Contractor shall provide a reuse area at the Transfer Station where Contractor shall make available for give-away or sale salvageable items such as doors, windows, furniture, appliances, toys and tools brought to the Transfer Station by Self Haulers. Contractor shall be entitled to retain all revenues from the sale of such items. 4.8 Unacceptable Waste Prohibited. Contractor shall not knowingly accept Unacceptable Waste at the Transfer Station, except for those recyclable Household Hazardous Wastes described in Section 4.4 above. Contractor shall continuously inspect customer vehicles and the tipping floor for Unacceptable Waste. Unacceptable Waste shall be refused and returned to the customer, unless the 7 Unacceptable Waste is already dumped on the tipping floor and the vehicle of origin is unknown. Contractor shall accept title to any Unacceptable Waste received at the Transfer Station and not so returned, and shall safely segregate, contain, store and dispose of it in accordance with applicable law. 4.9 Refusal of Waste. When Contractor refuses Unacceptable Waste that is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that Waste. Written information on such disposal options will be kept available at all times in the scale house, and a log shall be maintained to detail such refusal of Waste acceptance. 4.10 Title to Waste. Contractor shall accept ownership and title to all Acceptable Waste, Recyclables, Food Waste, Green Waste and Wood Waste at the time of unloading of such materials at the Transfer Station. 4.11 Hours of Operation. Contractor will receive Acceptable Waste, Recyclables, Food Waste, Green Waste and Wood Waste at the Transfer Station only between the hours of 5 a.m. and 4 p.m. for Franchised Waste Haulers and from 8 a.m. and 4 p.m. for self -haulers on each Monday through Saturday throughout the year, except for the following holidays: New Year's Day, Memorial Day, July 4°, Labor Day, Thanksgiving Day and Christmas Day; provided, however, that if New Year's Day, July 4° or Christmas Day falls on a Sunday, Contractor may with the consent of City's City Manager's observe the holiday on the Saturday before the holiday. Within this schedule, Contractor may specify different hours for Franchised Waste Haulers and Self Haulers. Any such changes shall be reported to the City no later than thiM (30) days before the effective date of the change and shall be revised at the direction of the City Council. Such hours are subject to change in accordance with changes to Contractor's permits for the Transfer Station. 4.12 Additional Services. Contractor shall provide additional services upon request of City. or upon the proposal of Contractor as approved by City subject, if the costs incurred by Contractor to provide such services increase, to the establishment by mutual written agreement of a reasonable service fee therefor. 4.13. Permits and Licenses. Contractor shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals required for Contractor to perform the services described herein, including, without limitation, an operating permit from the County of Mendocino. City shall cooperate with Contractor in connection with such permits, licenses and approvals, and shall renew all such permits, licenses and approvals issued by City, provided that Contractor is not in material breach of this Agreement and provided Contractor shall have fulfilled all requirements for the renewal of such permits, licenses and approvals. Contractor shall provide City's City Manager or his or her designee with copies of all permits or amendments or renewals thereof which are not issued by City. 4.14 Applicable Law. Contractor shall perform all its obligations under this Agreement in accordance with all applicable laws, including, without limitation, the permits, licenses and approvals described in Section 4.12 above, and shall be solely liable for all fines and penalties that may be imposed on Contractor for violations thereof. 5. Landfill Fee and Other Surcharges. Within forty-five (45) days after the end of each calendar month during the term of this Agreement, Contractor shall remit to City as a landfill fee a sum of money equal to Two Dollars ($2.00) per ton (or the equivalent amount for a cubic yard), or such other amount 8 approved by City, of Acceptable Waste received by Contractor at the Transfer Station, and any other Surcharge within ninety (90) days after the end of each calendar month. If theseis fees is -are not paid on or before such 9", fifth-day&e date, a late payment fee in an amount equal to eighty-three one - hundredths of a percent (0.83%) of the amount owing per month will be charged for each thirty (30) day period the €ranehise fee remains unpaid. Each monthly remittance to City shall be accompanied by a statement detailing the Acceptable Waste received at the Transfer Station for the period covered. Gate Rate and Other Service Fees. 6.1 Establishment. Exhibit D sets forth the gate rate and other service fees for services provided by Contractor under this Agreement (collectively, the "Rates") effective as of the Effective Date. Such Rates shall be subject to review and revision as set forth in Sections 6.2, 6.3 and -_6.4 and 6.5 below. Contractor shall not charge any amount in excess of the approved Rates for services required by or permitted under this Agreement. 6.2 Modification Based on Consumer Price Index, Fuel Index and Certain Pass Throueh Costs. (a) Per Ton MSW Rate. The per ton Municipal Solid Waste ("MSW") Rate shall be adjusted January 1st every year, beginning January 1, 2013 ("Rate Adjustment Date") to reflect changes in the CPI, the Fuel Index and certain Pass Through Costs by an amount determined in accordance with the Transfer Station Rate Calculation attached hereto as Exhibit E (the "Calculation"). (b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following terms shall have the following meanings. (i) "Base Fuel Cost" means Contractor's actual costs for diesel and other fuels used in performing services under this Agreement for the year ended December 31, 2010 or $152,533.47. (ii) "Base Revenue" means Contractor's total revenue received from Franchised Haulers and Self Haulers during the Comparison Year, excluding revenue from the sale of scrap metal, Recyclables purchased under the buy-back program, and compost. (iii) "Base Year" means the year ended June 30th one year prior to June 30'h of the Comparison Year. (iv) "Comparison Year" means the year ended June 30° immediately prior to the relevant Rate Adjustment Date. (v) "Contractor Rate" means the per ton MSW Rate minus the per ton Franchise Fees. (vi) "CPI" means the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics. (vii) "Disposal Fees — Garbage" means the actual Disposal Costs paid by Contractor for Solid Waste delivered by Contractor to the Disposal Facility during the Comparison Year. (viii) "Disposal Fees — Processing" means the actual Processing Costs paid by Contractor to CCC, PRS or any other Authorized Facility for Recyclables, Green Waste and Food waste delivered by Contractor to the CCC facility, the PRS Facility or such Authorized Facility, respectively, during the Comparison Year. (ix) "Fuel Costs" means Contractor's actual costs for diesel and other fuels used in performing services under this Agreement during the Comparison Year. (x) "Fuel Index" means the California No.2 Diesel Retail Sales by all Sellers (Dollars Per Gallon) published by the U. S. Energy Information Administration. (xi) "Operating Costs" means all of Contractor's costs to operate the Transfer Station under this Agreement, including, without limitation, labor costs, vehicle and vehicle -related costs, maintenance, insurance and transportation costs, but excluding Fuel Costs, Pass Through Costs and the costs of purchasing scrap metal, Recyclables purchased under the buy-back program, and compost (including sales taxes). (c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following rules shall apply. (i) "CPI Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (ii) "Fuel Index Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the Fuel Index from June of the Base Year through June of the Comparison Year; provided, however, that, notwithstanding Section 6.2(b)(iii) above, "Base Year" for purposes of the Fuel Index Change shall mean the year ended June 30, 2010; and, provided, further, that the Fuel Index Change adjustment (i.e., Fuel Index Change multiplied by Base Fuel Cost) for any Rate Adjustment Date shall be calculated after removal of such adjustment for the prior Rate Adjustment Date. (iii) The Adjustments for destination charges and Disposal Fees with respect to the use of the Eastlake landfill that appear in the Calculation are not recurring. (iv) Rate adjustments for changes in Franchise Fees that take effect on a date other than January Is`, as well as changes in other Pass Through Costs, will be determined under Section 6.3 below and not under this Section 6.2. (v) If City elects to purchase the Transfer Station Site and the Improvements on December 31, 2016 pursuant to Section 12 below, the cost entitled "Construction/Lease $2.36/ton" in the Calculation will be increased annually commencing January 1, 2018 by one hundred percent (1001/6) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (vii) As set forth in the Calculation, each adjustment in the per ton MSW Rate pursuant to this Section 6.2 shall equal the percentage adjustment in the Contractor Rate plus the per ton Franchise Fees. (d) Per Yard MSW and Minimum MSW Rates. Each of the per yard MSW Rate, minimum MSW Rate and per can MSW Rate shall be adjusted January 1st every year (beginning January 1, 2013), as follows: the per yard MSW Rate shall equal 24.05% of the Contractor Rate, plus the per ton Franchise Fees divided by 5.54; the minimum MSW Rate shall equal the per yard MSW Rate divided by two (2); and the per can MSW Rate shall equal the minimum MSW Rate divided by three (3). All rates in this Section 6.2(d) shall be rounded to the nearest five cents. (e) All Other Rates. Each of the Rates set forth on Exhibit D other than the MSW Rates shall be adjusted January 1st every year (beginning January 1, 2013) by an amount equal to the percentage increase or decrease, if any, in the Contractor Rate (i.e., determined before adjusting for Franchise Fees) . All rates in this Section 6.2(e) shall be rounded to the nearest five cents. (f) Procedure. The procedure for Rate adjustments under this Section 6.2 shall be as follows: (i) Not later than August 15th of each year, Contractor shall file with the City Manager a written notice of intention to adjust each of the then current Rates effective as of January 1 st of the next year in accordance with Section 6.2(a) through (e) above. (ii) Within sixty (60) days of the filing of the notice of intention, the City Manager shall review the notice and either confirm that the proposed Rates are within the limit of Section 6.2 above or establish by mutual agreement with Contractor any necessary changes to the proposed Rates to make such confirmation. (iii) Not later than November 15, the City 10 Manager shall promptly- inform the City Council in writing of his or her determination regarding the new revised Rates determined in accordance with this Section 6.2. Absent action by the City Council., With any new -revised Rates to -shall become effective on the following January 1st. (iv) In the event that the CPI or the Fuel Index described in Section 6.2 above shall be discontinued or materially modified during the term of this Agreement, the parties shall together select a replacement index and/or otherwise change Section 6.2 above so as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of either index described in Section 6.2 as in effect on the date hereof. 6.3 Modification Based on Changes in Pass Throu hg Costs. In addition to adjustments under Section 6.2 above, each Rate shall be adjusted to reflect changes in Pass Through Costs that are not the subject of Rate adjustments pursuant to Section 6.2 above, as follows. Using the section of the Calculation entitled "Revenue Base," each Rate shall be increased by an amount equal to the increase in applicable Pass Through Costs, and decreased by an amount equal to the decrease in applicable Pass Through Costs, in each case so as to cause such Rate to compensate for such change in Pass Through Costs as of the date such change becomes effective and either payable by or a benefit to Contractor, and taking into account the increase or decrease in Franchise Fees payable in respect of such change. Changes in Pass Through Costs resulting from a change in Disposal Facilities or Processing Facilities shall cause an increase in Rates as provided herein only if Contractor has complied with Sections 4. 1.1 and 4.1.2 and City has approved the successor or alternate Facilities in accordance with such Sections. 6.4 Five Year Review. Once every five (5) years (beginning no later than April 2, 2016 for purposes of adjusting the RatesQ� effective January 1, 2017), City shall conduct a review for the purpose of determining whether or not the automatic adjustments provided in Sections 6.2, 6.3 and 6.5 have adequately adjusted the FRates to cover the actual increase or decrease in the Contractor's reasonable operating costs or have exceeded those costs and whether the RatesCate-Fee remains fair to the ratepayer and the Contractor. Depending on the results of that review the City may approve an increase or decrease the Ratesfate Fee. City shall complete each such review and adjustment, if any, at least three months (3) prior to the beginning of such year (by September 30, 2016 in the case of the first such review), and Contractor shall cooperate with such review. In conducting each such review, City shall consider the following information: financial records of Contractor (including operating expenses and revenues and Disposal, Processing, Re ug latory and other costs of Contractor, and Contractor revenues), the factors described in Section 6.5 below, and rates to -Fees charged for comparable services atin similar facilitieseenurunities. Increases or decreases in the Ratesfate-Fee pursuant to this Section 6.4 shall be subject to the notice and public hearing requirements in the Ukiah City Code, Division 4, Chapter 6, Article 1, commencing with Section 3950. The City may conduct such investigation as it deems necessaryperform this review and EeftqanyContractor shall cooperate with such investigation, which may include the City's inspection and copying of C221pqftContractor records and review and/or audit of CerrtpanyContractor's financial records by a City retained CPA, the costs of which shall be reimbursed to City from Base Revenue but treated as a pass- through cost for rate setting purposes. 6.45 Modification Based on Extraordinary Items. tems. In addition to adjustments under Sections 6.2, and -6.3. and 6.4 above, Contractor may request an increase in the Rates if Contractor's costs increase or its revenues decrease solely as the result of extraordinary circumstances beyond its control that could not have been reasonably anticipated by Contractor (such as a Change in Law) and if the increase in costs or decrease in revenues unavoidably adversely affects Contractor's opportunity to operate at a reasonable profit. Contractor shall have the burden of -producing evidence reasonably satisfactory to City 11 demonstrating its need for a rate increase prior to the regular Five Year Review pursuant to Section 6.4 above, including, but not limited to, reviewed or audited financial statements of Contractor, if requested by City. The City Council shall consider the request pursuant to the notice and public hearing procedures in Ukiah City Code, Division 4, Chapter 6, Article 1, commencing with Section 3950. 6.63 Blllim. Contractor shall charge and collect from all customers at the Transfer Station upon receipt of materials, or bill such customers, for all services hereunder. Interest of one percent (1%) per month or the highest rate permitted under applicable law, whichever is less, shall be applied to any past due amounts until paid in full. Amounts shall be past due if not paid within thirty (30) days of billing. Contractor shall have the right to refuse service to any customer that is more than sixty (60) days delinquent on his, her or its account. Provisions Applicable to Equipment and Personnel. 7.1 Equipment. Contractor shall provide all equipment necessary to perform the services described in the Agreement, sufficient in number and capacity to efficiently perform the work required by this Agreement. All equipment used at the Transfer Station shall be maintained in good working condition and be suitable for use at the facility without causing unreasonable wear and tear or damage to the improvements constructed on the Site. The equipment shall comply with all applicable legal requirements. Contractor shall keep the outside of the truck bodies free from dirt and filth, and shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to prevent refuse from falling into public streets or places. Contractor shall keep all trucks freshly painted in a uniform manner, and the firm name or logo, telephone number, and truck number of each truck shall appear in a conspicuous manner. Contractor shall keep all equipment in good maintenance and repair, regularly inspect same, and keep accurate records of all maintenance. 7.2 Facility Maintenance. Contractor shall maintain the Site and the tipping floor in an orderly condition with proper signage to direct users to the appropriate locations on the Site to conduct their business. All refuse deposited on the tipping floor shall be removed within 24 hours of its deposit. Contractor shall employ reasonable measures to control noise, odors, litter and other nuisance conditions. Contractor will be responsible for all repair, maintenance and replacement of the Transfer Station in order to keep it in sound working order, including, without limitation, the tipping floor surface, driveways, gates, fences, electrical distribution systems, ventilation and heating, fire sprinklers, floor drains, walls, doors, roof, restrooms, fixed equipment and landscaping. Contractor will keep the tipping floor free of major cracks, holes and breaks, and will keep any tractor not equipped with rubber tires or tracks from coming in contact with the tipping floor or driveways. All repairs made by Contractor will be with an identical article or material or an equal approved by City. 7.3 Transport of Materials. Contractor shall not allow Solid Waste, Recyclables, Green Waste or Wood Waste to blow or fall from any vehicle used for transportation. Contractor shall clean up any and all spills, including oil and debris on the streets, resulting from its operations. Should Contractor fail to promptly clean up such spills resulting from its operations after notice from City, Contractor shall be liable to City for all reasonable costs incurred by City in doing so. 7.4 Staffing. Contractor shall employ sufficient staff to provide service in a safe manner at the Transfer Station, and to meet its obligations under this Agreement, including, without limitation, a Transfer Station Manager. All personnel shall be qualified to perform their assigned tasks and will possess the required licenses, permits or training for the tasks they perform. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or 12 equipment at or in connection with the operation of the Transfer Station. Contractor shall use its best efforts to assure that all employees present a neat appearance, conduct themselves in a courteous manner, and perform the work as quietly as possible. 7.5 Subcontractors. Contractor shall not subcontract any of the services under this Agreement without the prior written consent of City. Records and Reports. 8.1 Contractor shall keep and maintain accurate books and records clearly showing its revenues and expenses in connection with the operations provided for in this Agreement. Contractor will also keep and preserve records of all loads of Acceptable Waste, Recyclables, Food Waste, Green Waste, Wood Waste and Household Hazardous Waste received at the Transfer Station, and will report to City every three (3) months during the term hereof the total quantities and payments received. Contractor shall provide written notice to City of the location of its records and any change in the location. 8.2 City's designated representative shall be allowed access to the Transfer Station Site at all times when the Transfer Station is open, and upon prior written notice to Contractor shall be allowed to inspect and copy any and all records of Contractor containing information about the operation of the Transfer Station for purposes of audit or to verify the recordkeeping procedures of Contractor. City's designated representative shall also be allowed access to the Site during non-operating hours upon prior written notice to the Transfer Station Manager. Contractor shall fully cooperate with City in reviewing or investigating information in Contractor's records or pertaining to Transfer Station operations. Hold Harmless and Insurance. 9.1 Contractor shall indemnify and hold harmless City, its City Council, boards, commissions, officers, agents, representatives and employees from any and all actions, claims or damages brought for or on account of injuries to or death of any person or damage to property of all kinds resulting from or arising out of the operations of Contractor, its officers, agents, employees or servants pursuant to this Agreement. The duty of Contractor to indemnify and hold harmless shall include the duty to defend as set forth in California Civil Code Section 2778. 9.2 Contractor shall have in effect during the term of this Agreement, workers' compensation and employer liability insurance providing full statutory coverage. 9.3 Contractor shall take out and maintain during the term of this Agreement, liability insurance for the following types and minimum amounts: (a) General liability, including comprehensive form, premises operations, products/completed operations, hazard, contractual insurance, broad form property damage, independent contractors and personal liability, with limits for bodily and property damage combined of $500,000 each occurrence and $500,000 aggregate. (b) Automobile liability, including comprehensive form, owned, hired and non -owned, with a limit of $1,000,000 for bodily injury and property damage combined. (c) Excess liability, umbrella form, with a limit for bodily injury and property damage combined of $5,000,000 each occurrence and $5,000,000 aggregate. (d) Pollution and remediation liability with limits in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate 13 insuring against loss, the cost of remediation and legal defense as a result of pollution conditions arising out of the collision, upset or overturn of EempanyContractor vehicles in conjunction with this Agreement. (e) Broad form fire insurance approved by City, jointly in the names of Contractor and City, covering not less than the full replacement cost of all improvements on the Transfer Station Site. In the event of damage to any portion of the Transfer Station, Contractor shall rebuild, repair or otherwise reinstate the damaged improvements in good and substantial manner, with such reconstruction to commence within ninety (90) days after the damage occurs. Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. Insurance certificates evidencing the required coverage shall be filed with City and shall be subject to approval by the City Attorney. City, its City Council, boards, commissions, officers, agents and employees shall be named as additional insureds on any such policies of insurance which shall also contain a provision that the insurance afforded thereby shall be primary. No such policy shall be cancelled or modified except upon thirty (30) days' prior written notice to City. 9.4 Contractor shall post a $250,000 performance bond or financial instrument reasonably acceptable to the City Manager as security for Contractor's faithful performance of each and every term, covenant and condition of this Agreement to be performed by Contractor, provided that the cost of such bond or other instrument shall be included in the Operating Cost Component. 10. Remedies upon Default. 10.1 Contractor shall be deemed in default of this Agreement in the event Contractor defaults in the performance of any of the duties to be performed by it under the terms of this Agreement and fails to cure the breach as further provided in this Section 10.1. City shall give Contractor written notice, either by mail or by personal service, setting forth the default. Contractor shall correct such default within thirty (30) days after service of such notice (within seven (7) days if City determines that the public health or safety is at risk) unless the default cannot, by its nature, be cured within said period, in which case the cure period shall be extended for such additional time as is reasonably necessary to effect a cure, provided that Contractor shall commence efforts to effect a cure as soon as practicable and shall diligently pursue the cure.. If ComnpanyContractor commits three or more breaches of material provisions of this Agreement within an eighteen (18) month period, whether cured or not, the �ompanyContractor shall be deemed to have committed "Multiple Breaches." 10.2 In the event Contractor's default described in Section 10.1 is of a material provision of this Agreement and is not cured as set forth in Section 10. 1, or if Contractor has committed Multiple Breaches (defined to mean three or more defaults of material provisions of this Agreement within an eighteen (18) month period, whether cured or not) ("Material Default"), City shall have the following remedies: 10.2.1 Liquidated Damages. The parties acknowledge that City will incur damages as a result of a Material Default, and that such Material Default may not warrant termination of this Agreement. The parties agree that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a Material Default. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, 14 and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. Liquidated damages shall be City's exclusive damages remedy for any individual Material Default which does not result in termination of this Agreement by City. The amount of liquidated damages is $1,000 for each day the Material Default continues after Contractor fails to cure until it is either cured or City terminates this Agreement. 10.2.2 Franchise Termination. Without further notice and without suit or other proceedings, City may cancel and annul the rights and privileges of this Agreement upon a Material Default. Nothing in this Section shall prohibit the parties from meeting to discuss ways to resolve the issue. In the event of termination of this Agreement for Material Default, City shall have the right forthwith to grant a franchise to another person or to take possession of the trucks and other equipment of Contractor used to perform work under this Agreement. City shall have the right to retain possession of the trucks and other equipment for up to one (1) years after such termination and City shall pay Contractor the reasonable rental value of such trucks and other equipment, and keep them in good maintenance and repair, during the time the same are used by City. City shall also have access to Contractor's records for the purpose of billing customers during the period City is providing the services described in this Agreement, and shall retain all fees collected for such services. Upon termination of this Agreement for any reason, Contractor shall have the obligation to sell to City and City shall have the option to purchase the equipment used by Contractor to perform its obligations under this Agreement in operating the Transfer Station and transporting Solid Waste to Disposal and Processing Facilities and other markets (the "equipment"). Such option shall be exercised by written notice to Contractor at least six (6) months prior to the termination date, unless the Agreement is terminated based on a Material Breach, in which event notice of the election must be given within sixty (60) days after the termination date. The purchase price that City shall pay Contractor for the equipment shall be its cost less depreciation to the date of purchase calculated on a straight-line basis over its estimated useful life as shown on the books of Contractor. 10.2.3 Other Remedies. Upon termination of this Agreement based on a Material Default, City shall have all other remedies in law or equity for such Material Default. 10.3 If a dispute arises between City and Contractor regarding fees or any other term or provision of this Agreement, the parties agree to meet and confer in good faith to resolve the dispute. Either parry may request to meet and confer by written notice to the other party. Alternatively, the parties may agree to participate in non-binding mediation. If the dispute is not resolved within thirty (30) days after the written request to meet and confer has been given or after the parties have agreed to non-binding mediation, the matter, other than an action seeking specific performance or other equitable relief, damages of Twenty Five Thousand Dollars ($25,000) or less, or indemnification or insurance coverage pursuant to Section 9, shall be submitted to non-binding arbitration in accordance with Title 9 of the California Code of Civil Procedure, commencing with Section 1280, before a single neutral arbitrator ("Arbitrator") in the Mendocino County. The Arbitrator shall be an attorney with at least ten (10) years experience or a retired judge (or a person having comparable qualifications) and shall be mutually agreed 15 upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the superior court in accordance with Cal. Code Civ. Proc. § 1281.6. The fees and expenses of the Arbitrator shall be borne equally by the parties. In the event such non-binding arbitration does not resolve the matter and in any other dispute that results in any court action, the parties waive any right to a jury trial and agree that any such action shall be filed in the federal or state courts in and for Mendocino County, each party hereby consenting to the jurisdiction of and venue in such courts, the matter shall be governed by the internal laws of the State of California (irrespective of choice of law principles), and the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in such action from the non -prevailing party. 10.4 If Contractor shall at any time during the term of this Agreement or any extension thereof, become insolvent, or if proceedings in bankruptcy shall be instituted by or against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any Court, or if a receiver or trustee in bankruptcy or a receiver of any property by Contractor shall be appointed in any suit or proceeding brought by or against Contractor, or if Contractor shall make an assignment for the benefit of creditors, then and in each and every such case, and provided that such proceedings, adjudication, appointment or assignment, as the case may be, continue in effect for ninety (90) days without being vacated, removed or withdrawn, this Agreement shall immediately cease and come to an end, and the rights and privileges granted shall immediately be cancelled and annulled without notice or action required on behalf of City. 10.5 Notwithstanding any other provision herein, no default, delay or failure to perform on the part of either party shall be considered a breach hereunder if such default, delay or failure to perform is due to causes beyond such party's control, including, but not limited to, riots, civil disturbances, actions or inactions of governmental authorities, epidemic, war, embargoes, severe weather, fire, earthquake, acts of God, defaults by the other party or defaults by carriers. In the event of any such default, delay or failure to perform, any dates or times by which the affected party otherwise is scheduled to perform shall be extended for a period of time equal in duration to the additional time required because of the excused default, delay or failure to perform. 11. Assignment. Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of this Agreement without the prior written consent of City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this Section. Any action requiring City Council approval under this Section that occurs without such approval shall give City the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. For purposes of this Section, any transaction involving the transfer, sale or exchange of stock which results in a change in majority control of Contractor from its owners as of the date hereof (excluding transfers between such owners and transfers by any such owners to revocable living trusts for the benefit of their families) shall be an assignment subject to City review and approval. 12. Citv's Ontions to Purchase Site. Improvements and Eauipment 12.1 City's Options to Purchase Site and Improvements. On December 31, 2016, Owner and Contractor shall have the obligation to sell and the City shall have the option to purchase from Owner both the Transfer Station Site and all the improvements on the Transfer Station Site (the "Improvements") for an aggregate purchase price of One Dollar ($1.00). City shall be deemed to have exercised its option to purchase the Transfer Station Site and the Improvements, unless it has given Contractor written notice 16 prior to December 31, 2016 that it has elected not to exercise the option. Title shall transfer to City within thirty (30) days after December 31, 2016. The purchase shall be on a then "as -is" basis, and otherwise on commercially reasonable terms then applicable to the purchase and sale of real property, except that Owner shall indemnify City against any cost or liability arising from hazardous or toxic waste contamination on the Transfer Station Site which occurred before escrow closes on City's purchase of the Transfer Station Site. At closing, Owner shall convey to City clear, unencumbered fee title to the Transfer Station Site and City shall enter into a lease for the Transfer Station Site and the Improvements with either Owneryr Contractor (as they shall decide` in the form attached hereto as Exhibit F. Owner or Contractor's failure to co-operate in City's purchase of the Transfer Station Site and Improvements shall be a Material Default. 12.2 Prior Termination. If this Agreement is terminated before December 31, 2016 for any reason, City shall have the option to do all, but not part, of the following: (a) purchase or lease from Owner the Transfer Station Site pursuant to Sections 13.1 or 13.2, (b) purchase from Owner the Improvements pursuant to Section 13.3, and (c) purchase from Contractor all the Equipment pursuant to Section 10.2.2. City's option under this Section 12.2 shall be exercised by written notice to Owner and Contractor given within sixty (60) days before the termination date, unless the Agreement is terminated based on a Material Breach, in which event notice of the election must be given within sixty (60) days after the termination date. 13. Purchase or Lease of Site and Purchase of Improvements. 13.1 Purchase of Site. If City elects to purchase the Transfer Station Site in accordance with Section 12.2 above, Owner shall sell City the Transfer Station Site for a purchase price equal to the lesser of (a) $487,000 increased by the percentage increase in the CPI between November 7, 2001 and the date of termination of this Agreement, or (b) the then actual fair market value of the Transfer Station Site; provided, however, that the purchase price shall be One Dollar ($1.00) if the closing of the purchase occurs after September 30, 2016. The purchase shall be on a then "as -is" basis, and otherwise on commercially reasonable terms then applicable to the purchase and sale of real property, except that Owner shall indemnify City against any cost or liability arising from hazardous or toxic waste contamination on the Transfer Station Site which occurred before escrow closes on City's purchase of the Transfer Station Site. At closing, Owner shall convey to City clear, unencumbered fee title to the Transfer Station Site. 13.2 Lease of Site. If City elects to lease the Transfer Station Site in accordance with Section 12.2 above, City's lease shall commence on January 1, 2017 or thirty (30) days after the notice of exercise in the case of termination for Material Default, and expire ten (10) years thereafter. Rent under the lease shall equal the then fair market lease value of the Transfer Station Site (excluding any value attributable to the Improvements) and the lease shall otherwise be on commercially reasonable terms then applicable to the ground lease of real property. If City and Owner are unable to agree on the fair market lease value, they shall select and share the cost of an appraiser to determine such value. If they cannot agree on a single appraiser, each may obtain an appraisal of such value from a qualified appraiser of its choice. If the separate appraisals are within ten percent (10%) of each other, fair market lease value shall be the average of the two appraisals. If the appraisals differ by more than ten percent (100/o), the two appraisers shall select a third appraiser to review the appraisal reports and determine which report represents the fairest appraisal. The appraisal selected by the third appraiser shall constitute the fair market lease value of the Transfer Station Site. The parties shall each bear the expense of their separately selected appraisers and share equally the cost of the third appraiser. 17 13.3 Purchase of Improvements. If City elects to purchase the Improvements in accordance with Section 12.2 above, the purchase price that City shall pay Owner for the Improvements shall be One Dollar ($1.00) 14. Waiver. The waiver by any party of any breach or violation of any term or condition of this Agreement or of any provision of law by the other party must be in writing signed by the party to be charged, and shall not be deemed to be a waiver of the term, condition or provision of law, or of any subsequent breach or violation of the same or any other term, condition or provision of law. The acceptance by City of any Surchareea....� or other fee or other monies which may become due hereunder to City.shall not be deemed to be a waiver of any preceding breach or violation by Contractor. 15. Administration. The administration and enforcement of this Agreement shall be the responsibility of the City Manager or a designated representative of that office. This section is not intended to indicate or suggest the City Manager has the authority to grant, amend, or revoke the rights referenced herein or to prevent the City Manager from seeking approval from the City Council for any decision the City Manager is required or authorized to make hereunder. 16. Independent Contractor. Contractor, its employees and agents are independent contractors and not employees or agents of City. 17. Notices. Whenever notice or a document is required or permitted to be served or given hereunder, it shall be deemed given or served, when received if delivered by fax or email (with acknowledgment of receipt), certified U.S. Mail, overnight courier, such as UPS or Federal Express, or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such document or notice shall be addressed as follows: City: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 FAX: Email: Contractor: Solid Wastes Systems, Inc. Attn: David M. Carroll, President P. O. Box 60 Ukiah, California 95482 FAX: Email: Owner: Yulupa Investments, LLC Attn: David M. Carroll, President P. O. Box 60 Ukiah, California 95482 FAX: Email: 18 or to such other person or address as may be specified from time to time in writing by any party in accordance with this Section. 18. Amendments. This Agreement may be amended from time to time only by written agreement between the parties signed by an authorized representative of each party. Any parry may at any time request that the service or other provisions in this Agreement be modified by delivering written notice of its requested modifications to the other parties. Within thirty (30) days after receipt of any such request, the parties shall meet and negotiate in good faith on adopting such requested modifications, including, without limitation, any change to the Rates necessitated by such modifications, provided that nothing herein shall obligate any party to agree on any such requested modifications. 19. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the permitted successors and assigns of the parties. 20. Integration, Severability. This Agreement, including the Exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties, whether written or oral, relating to such subject matter, including the Prior Agreement. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement and the application of such provision to other persons or circumstances shall remain in effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ATTEST: Solid Wastes Systems, Inc. By: President Yulupa Investments, LLC By: President City of Ukiah By: City Manager 19 City Clerk APPROVED AS TO FORM: City Attorney 20 EXHIBIT A AGREEMENT FOR THE RECEIPT OF GREEN AND WOOD WASTE 21 EXHIBIT A AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE THIS AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE (the "Agreement") is entered into as of _, 2011 ("Effective Date") by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"), with reference to the following: A. PRS owns and operates a green waste and wood waste processing facility located at 4260 North State Street, Ukiah, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS is parry with the City of Ukiah to that certain Amended and Restated Transfer Station Agreement of even date herewith for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste (the "TS Agreement"), and UWS is party with the City of Ukiah to that certain Waste Collection Agreement of even date herewith for the collection and disposal of solid waste (the "Collection Agreement"). SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of approximately 10,000 tons annually of Materials at the Facility. In consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under the TS Agreement and the Collection Agreement, and delivered by SWS or UWS to the Facility, on the terms herein. 3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS and UWS, SWS and UWS shall each pay PRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 4 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. Adjustment of Processing Rate: a. Adjustment based on CPI: PRS shall have the right, commencing on July 1, 2012 and annually thereafter, to increase the Processing Rate by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. gib. Five year review: Every five years the parties and the City of Ukiah ("City") shall review the gate fee to determine whether changes in the market for green and wood waste warrant an adjustment in the gate fee to account for changes in the cost of processing and the income produced from processed green and wood waste. If processing costs have become substantially more or less and/or the income produced from processed material has substantially increased or decreased over the five year period, the rates shall be adjusted to account for these changes. 5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of the TS Agreement or the Collection Agreement, respectively, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such parry's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection of non -conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non -conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS's right to reject such non -conforming Materials. SWS or UWS shall bear all costs associated with inspecting, testing and rejecting any non -conforming Materials. Each party agrees to comply with all laws applicable to such party in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: SWS and UWS shall deliver an aggregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. ----- Formatted: Indent: Left: 1", No bullets or numbering 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 11. Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose the Processing Rate as may be reasonably requested or required by the City of Ukiah under the TS Agreement or the Collection Agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiaryies: The City of Ukiah shall be deemed a third party beneficiary of this Agreement with all of the rights of a party to enforce any provision hereof. IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above. PACIFIC RECYCLING SOLUTIONS, INC. By: SOLID WASTES SYSTEMS, INC. By: UKIAH WASTE SOLUTIONS, INC. By: EXHIBIT B STRATEGIC WASTE MANAGEMENT PLAN 22 EXHIBIT C LEGAL DESCRIPTION OF TRANSFER STATION SITE 23 EXHIBIT D RATESCHEDULE 24 EXHIBIT E TRANSFER STATION RATE CALCULATION 25 EXHIBIT F TRANSFER STATION LEASE 26 EXHIBIT G CURRENT GEOGRAPHIC AREA SERVED BY TRANSFER STATION The areas marked as Franchise Areas 3 and 2 (Inland) on the attached map, including the incorporated City limits. 27 ITEM NO.: 12c MEETING DATE: November 16, 2011 laity nf''Z.1kzah AGENDA SUMMARY REPORT SUBJECT: SECOND SOLID WASTE DISCUSSION: WASTE COLLECTION AND TRANSFER STATION AGREEMENTS Background: At its meeting of November 2, 2011, the City Council received a presentation regarding proposed new waste collection and transfer station agreements. A copy of the entire staff report presented for that meeting has been attached to this staff report in order to provide the City Council with all materials from that item, as well as a record for public information. Discussion: As a part of the discussion that took place at the November 2 meeting, the Solid Waste Ad/Hoc committee of Councilmember Thomas and Landis suggested holding additional Ad/Hoc meeting(s) to provide an opportunity to fully address the comments received about the agreements from the Director of Mendocino Solid Waste Management Authority, (MSWMA) Mike Sweeney. As of the November 16 meeting date, two additional Ad/Hoc meetings will have been held. At the November 16 meeting, the Ad/Hoc committee and staff will be prepared to provide answers to most of the questions raised by Mr. Sweeney, with the exception that the committee and staff both ask to defer any further discussion of rate issues until the December 7, 2011 meeting. This deferral provides an opportunity for staff and the franchise holder to gather requested information about the rate structure. Also, the City's Director of Finance will be available on December 7 and prepared to answer in depth rate related questions as needed. Of the two additional Ad/Hoc meetings that have been held, one concentrated on questions regarding the rate structure, and as stated above, city staff and the franchise holder are working to provide that Recommended Action(s): 1) Receive the oral report on further work of the Solid Waste Ad/Hoc committee and city staff to answer questions raised about the proposed new agreements, 2) Receive any further information provided by the City Attorney or other staff members regarding answers to questions raised regarding the agreements, 3) Provide city staff with any further directions regarding the agreements in order to consider approval and adoption of the agreements at the December 7 meeting in conjunction with the public hearing regarding proposed rates. Alternative Council Option(s): Provide city staff with alternative directions regarding this matter. Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: David Rapport, City Attorney Attachments: Agency Summary Report and Attachments from November 2, 2011 Meeting Approved: Jape Chambers, City Manager information for the December 7 meeting. A second meeting has also been held. Both Mr. Sweeney and Mendocino County Supervisor John McCowen, have attended these two meetings. It has been suggested that the discussion to take place on November 16 can include answers and comments to the list of items presented by Mr. Sweeney, with the exception that issues regarding the proposed rates will be deferred until the December 7 meeting. Fiscal Impact: Budgeted FY 10/11 � New Appropriation Not Applicable Budget Amendment Required city of V K -j arr ATTACHMENT_„_, I ITEM NO.: 12a MEETING DATE: November 2, 2011 AGENDA SUMMARY REPORT SUBJECT: SOLID WASTE DISCUSSION: WASTE COLLECTION AND TRANSFER STATION AGREEMENTS Background: This staff report forms a cover sheet for the attached materials. The purpose of this staff report is to provide the City Council and the public with a background explaining why new franchise agreements are proposed, and the reasons behind proposals for a new five year rate term. Attachment #1 to this staff report is an outline provided by the City Attorney to assist the reviewer in going through the proposed new agreements. Attachment #2 is the DRAFT Waste Collection Agreement Attachment #3 is the DRAFT Transfer Station Agreement Together, this entire packet of information is provided for the purpose of the City Council's initial discussion of these agreements. Purchase of Franchise, 2007 Back in 2007, the City of Ukiah negotiated to allow.a new owner to purchase Solid Waste Systems (SWS), the existing franchise for solid waste disposal services for city residences and commercial businesses. The terms of that purchase included 2 key elements. The first was requiring the new owner of SWS to assume the business under the terms of the existing agreement. The City wanted to see how the new owner of SWS provided services before allowing that owner an extended franchise timeline beyond the term allotted to the previous owner. Although the business was purchased under the terms of the existing franchise agreement, the City made a commitment to consider adjustment of fees at some future point depending on the performance and satisfaction of the City's customers. At the time of purchase and change over from The Ratto Group (Ratto), to the new owner, the City of Ukiah did not meet state mandated diversion requirements, faced a significant shortfall in funds for closure of the City's landfill site, which was no longer accepting solid waste, and new State of California carbon reduction laws required conversion of the existing fleet in use for solid waste disposal. Recommended Action(s): Direct staff to place this item on the Council agenda for action at the November 16, 2011 council meeting Alternative Council Option(s): Provide alternate direction to staff Citizens advised: Requested by: Ukiah Waste Solutions, Inc. and Solid Wastes Systems, Inc. Prepared by: City Manager, City Attorney, City Finance Director Coordinated with: Ad Hoc Committee Attachments: #1 Agreement Outline, #2 Solid Waste Agreement, #3 Transfer Station Agreement Approved: an Chambers, City Manager The new owner of SWS brought the City of Ukiah into compliance with State diversion mandates by using new approaches to the sorting and disposal of solid waste, and replaced the existing fleet. The City of Ukiah honored its commitment to the hauler and considered new fees to provide for purchase of the new fleet. In March, 2008, a rate increase of 6.88% was approved to provide for the purchase of a new carbon compliant fleet of vehicles. This increase was $1.02 per 32 gallon can per month. Short Term Solutions: Under Existing Agreement In December 2010, the City considered new fees for the Transfer Station operator. The request for new fees was brought forward as a result of increased fuel costs and increase landfill fees at Potrero Hills. A 6.22% increase was approved. This increase was $ .96 per 32 gallon can per month. The fees adopted also provided for the City of Ukiah to receive $2.00 per ton at the transfer station. The purpose of this charge was to provide the City of Ukiah with revenues to address the short fall in funding for the land fill closure and ongoing operations cost. At this time, the Mendocino Solid Waste Management Authority (MSWMA) fee of $4.50 per ton was increased by $.50 to a total of $5.00 per ton, in order to fund MSWMA operations. Before the December 2010 fee increase was considered, the City Finance Director reviewed the financial statements of the franchise holder. His analysis showed that the fee charged at Potrero Hills Landfill was $10 per ton more than was included in the existing rate. The transportation cost was $7.23 per ton more than was included in the existing rate. Also at that time, the City Finance Director recognized that the cost of processing self -hauler waste at the transfer station exceeded the fee received. As a result of the City Finance Director's independent review, he verified that the Transfer Station was losing more than $300,000 per year under the then existing fee structure and recommended the fee increase. The purpose of the fee increase was to assure that the Transfer Station could stay in business and continue to provide the services. Another part of the 2010 discussion included the need to secure a landfill destination after the existing agreement with Potrero Hills expires in December of 2011. There were solid financial reasons to consider other sites, as the Potrero Hills destination was increasing fees each year, and fuel costs related to transporting the garbage to that distant site were increasing. A new five year contract with East Lake Landfill in Lake County was completed earlier in 2011 and will become effective in January 2012. All of the above actions were taken with the understanding discussed with Council that longer term solutions were necessary to secure an affordable and environmentally sound waste disposal service for Ukiah rate payers. Lona Term Solutions: Extended Franchise Agreement Terms, New Agreements A series of steps have been taken since early 2010, when the hauler offered to examine the feasibility of re- opening the Ukiah land fill in an effort to save costs and keep solid waste local. The process of that examination led both SWS and city staff to take a critical look at the existing franchise agreements, with the intent to provide for longer term solutions to solid waste services. City staff reported to the City Council (July 7, 2010) on issues related to the status of the landfill, long term disposal solutions, the transfer station rate adjustment, and the identified need to draft a new, modern set of agreements to replace the existing agreement, with Council concurrence that new agreements were in order. The process of negotiating the agreements has taken over a year since that July 2010 discussion. The agreements presented for Council consideration are: 1) Consistent with previous Council policy direction contained in the existing franchise agreement. 2) Developed with assistance of the Solid Waste Ad/Hoc committee 3) Based on extensive financial review of current financial statements conducted by the Finance Director 4) Comprehensive of all operations. City staff has utilized technical and solid waste business expertise to assist with the analysis and negotiations of the agreement provisions. Improved Methodology In the existing agreements, rate adjustments were based on the consumer price index (CPI) and in the case of curb service, a third year review where the Council considered any financial information it deemed appropriate. This older method does not provide for the more in-depth analysis demanded by current and future operations of the hauler. To improve rate reviews and future fee discussions, the proposed new contracts segregate the cost into multiple categories and establish criteria for adjusting rates for each category individually. These segregations are identified in Exhibit "C" of the Waste Collection Contract and Exhibit "E" of the Amended Transfer Station Agreement. This approach is consistent with methodology that was used not only by the County of Mendocino, but also with other northern California jurisdictions in recent agreements for waste collection and transfer station operations. During the course of time it has taken to work out this new agreement, changes have taken place in the solid waste industry both here locally in Ukiah and elsewhere. The hauler has negotiated a new five year disposal site with Lake County, and has purchased a new site for consolidation of the hauler's business operations. Economic conditions have also changed dramatically, reducing the tonnage of the waste stream, especially in construction materials, flowing into the system. Also during the course of time the agreements have been in development, the hauler has experienced continued revenue shortfalls. The Director of Finance has conducted an in-depth financial review in order to establish a base line for fees going forward, and to verify continued shortfalls in the hauler's revenues. As a result, new fee increases have been recommended which will begin the five year review cycle for the proposed agreements. If approved, the new rate increase results in a 7.12% increase. This increase is $1.18 per 32 gallon can. A 32 gallon can is the most common size residential service can. Twelve Year History of Rate Adjustments for Curb Service of a 32 gallon can % Increase Amount Rate July 2000 3.40% $.41 12.66 2001 .00% .00 .00 October 2002 .96% .14 12.80 October 2003 1.95% .26 13.06 October 2004 6.90% .89 13.95 October 2005 1.90% .26 14.21 October 2006 3.24% .45 14.66 2007 .00% .00 .00 March 2008 6.88% * 1.02 15.68 2009 .00% .00 .00 December 2010 6.22% .96 16.64 January 2012 proposed 7.12% 1.18 17.82 * Includes costs related to Fleet replacement The amount column totals to $5.57. This is the increased amount of service fee that has occurred over the last 12 years, or an average annual amount of 46 cents. Not all of the last 3 rate increases have gone to the franchise holder. A portion is attributable to government imposed costs from the City of Ukiah ($2.00 per ton) and MSWMA ($.50 per ton), and one-quarter to one- third was due to increased landfill costs. The new five year agreement with Lake County provides for a fixed landfill cost for the next five years, and therefore affords some protection to Ukiah rate payers from increased costs for disposal. Discussion: Green Waste and Food Waste: The agreement negotiated, while bringing up to date many aspects of the hauler and City's financial relationship and service requirements, does not change any previously adopted Council policy with regard to disposal of waste. That previously adopted policy was contained in the current existing agreement. It provided for the flow of green waste to Cold Creek Compost (CCC), under the terms of the existing contract. Provision for food waste disposal is required by 2013. The new agreements do not attempt to dictate what changes in the flow of green waste and food waste must occur, in keeping with the current established Council policy. They do provide, however, for changes to take place, and for new methods to be instituted, subject to the City's approval. The City Council's current policy recognizes the dynamic market place forces at work in the flow of waste materials, and allows for those market forces to determine how these services are provided on a least cost and efficiency basis. Financial Oversight and Due Diligence The process used to review fee increase requests has been that the waste collection franchisee, Ukiah Waste Solutions (UWS) and/or the transfer station franchisee, Solid Wastes Systems (SWS), submit requests for rate adjustments. A variety of information in support of their requests has been required for City staff to conduct that review. Staff then reviews the information to develop an understanding of the justification for the increase. Components of the costs reviewed are revenues from customers, disposal fees, fuel costs, franchise fees, administrative expenses, regulatory costs, and other operating costs. The bottom line of this review has been to determine if there is net income or a loss. Since the transfer station fees affect the expenses of the waste collection operation, they must be addressed before developing a rate proposal for garbage collection services. To undertake the review, city staff has been involved in numerous meetings and phone calls. These have taken place among staff and between staff and the franchisee to discuss and clarify information. Staff then has developed a rate proposal, discussed it with the Council Ad Hoc committee and then presented it to the full Council. Fiscal Impact: The new agreements achieve the following in the best interest of the Ukiah rate payer: (1) Provides a viable business platform for the current franchise holder, thereby helping to secure continued quality service levels for the rate payer (2) Provides a detailed and repeatable process for 5 year rate reviews and 218 process approvals (3) Protects rate payers from steep and unpredictable rate hikes. This often occurs if cost recovery falls significantly behind and does not occur on a regular basis. (4) Rate payer can benefit when costs are actually reduced, either due to drop in an index measure, or due to services rendered more efficiently or with the benefit of new technology. Budgeted FY 10/11 1-1 New Appropriation F_x] Not Applicable 1-1 Budget Amendment Required Al7ACHMENT l Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport (707) 462-6846 Lester J. Marston FAX 462-4235 Scott Johnson Darcy Vaughn Mary Jane Sheppard MEMORANDUM TO: Honorable Mayor and Council members FROM: David J. Rapport, City Attorney DATE: October 27, 2011 SUBJECT: Summary of Waste Collection and Transfer Station Agreements The following is a summary of the key provisions in the Waste Collection and Transfer Station Agreements. I. Waste Collection Agreement. a. Section 1. — Grants exclusive franchise to Ukiah Waste Solutions, Inc. ("UWS") to collect and dispose of all.solid waste generated in the City, including recyclables, wood waste, green waste and food waste, subject to exceptions for self -haulers and certain contractors (gardening, landscaping, tree trimming and construction) who dispose of yard waste and construction debris as part of providing their contracting services. b. Section 3 - Term —15 year term, beginning on January 1, 2012 and ending on December 31, 2026, subject to an option to extend for an additional 5 years on stated conditions. c. Section 4 — Franchise and other fees — UWS is required to pay the City: i. Franchise fee of 15% of gross revenues from City customers; ii. Billing fee of 3% of the amount billed and collected by City on behalf of UWS from residential customers in single family residences and renters of multi -family residences who pay for garbage service separately from rent; iii. Commercial oversight fee. of $10,000 per year; and iv. Landfill closure fee of $60,000 per year. Memorandum to City Council Page 2 Subject: Summary of Waste Collection and Transfer Station Agreements Date: October 26, 2011 d. Section 5 — Services - Specifies in 19 subsections how UWS is required to provide waste collection services in the City, including: i. Requiring UWS to take: 1. all solid waste, excluding source separated recyclables that go in the blue bin, to the Taylor Drive transfer Station ("Transfer Station"); 2. all source separated recyclables, excluding green waste and food waste, to the Pacific Recycling Solutions ("PRS") Facility on North State Street; and 3. all green waste and food waste to the Transfer Station, the PRS Facility, the biomass conversion facility in Scotia ("Scotia Facility"), and/or the Cold Creek Compost Facility ("CCC Facility"). Continues existing agreement provisions that require UWS to arrange for delivery to CCC Facility of an average 400 tons per month of green waste, subject to stated conditions. (Section 5.11 (a) -(c)•) ii. City Manager must approve the use of any other facility to process Recyclables, wood waste, green waste or food waste. (Section 5.11(d).) The City Manager can refer to City Council for decision. (Section 13.) e. Section 6 — Rates — i. 6.1 Initial Rates - Subject to City Council approval using Proposition 218 procedures, the rates commencing January 1, 2012, are set forth in Exhibit E to the contract ii. 6.2 Modification of Rates - Beginning January 1, 2013, annual rates adjusted every year, subject to rate review pursuant to Prop. 218 procedures every 5 years, beginning April 2016, for rates that become effective January 1, 2017, and every 5 years thereafter. (See Section 6.4.) 1. Annual adjustments based on Consumer Price Index (CPI) and California No. 2 Diesel Retail Sales by all Sellers by U.S. Energy Information Administration (Fuel Index). (Section 6.2 and Exhibit C) 2. 6.3 - Modification for changes in Pass Through Costs, consisting of. a. Commercial oversight fees b. Transfer Station gate fee c. Processing costs to dispose of green waste at PRS or CCC Facility or another Authorized Facility Memorandum to City Council Page 3 Subject: Summary of Waste Collection and Transfer Station Agreements Date: October 26, 2011 d. Landfill closure fees 3. Fee reduced by Recycling Credit — amount paid to UWS by PRS for recyclables taken to PRS Facility pursuant to Recycling Agreement between PRS and UWS, attached to contract as Exhibit B. The rate is set by Ex. B to Recycling Agreement, but not less than $5.00 per ton. f. Sections 7-10 address provisions governing Equipment and Personnel (Sec. 7), Records and Reports (Sec. 8), Hold Harmless and Insurance (Sec. 9) and remedies upon default (Sec. 10.) II. Transfer Station Agreement a. Section 1— Solid Waste Systems, Inc. ("SWS") owns and operates Taylor Drive Transfer Station ("Transfer Station"), which must receive all solid waste generated in City and may receive solid waste generated anywhere in Mendocino County. With City Manager's prior written approval SWS may accept solid waste from outside Mendocino County, subject to limits in Waste Facilities Permit, and SWS keeping records as to quantity received from each jurisdiction. City may not operate competing transfer station and neither SWS nor any related entity may accept solid waste generated within geographic area depicted in Exhibit G, unless material first delivered to Transfer Station and gate fee charges for that material have been paid. b. Section 3 - Term - Same term with same option to extend for five years as is provided in Waste Collection Contract. c. Section 4- Operations i. Section 4.1— For the per ton fee in Exhibit D, adjusted as provided in Section 6, SWS must accept Acceptable Waste (defined in Section 2.1 as garbage, not including Recyclables, Food Waste, Green Waste, Wood Waste, Hazardous Waste, Household Hazardous Waste and Unacceptable Waste) 1. Section 4.1.1- Requires extensive prior notice and City approval of any change in the landfill used by SWS to dispose of solid waste received at the Transfer Station, which will be the Eastlake Landfill in Lake County, starting January 1, 2012. 2. Section 4.1.2 — Requires advance notice and City approval if SWS proposes to dispose of Recyclables, wood waste, green waste or food waste at any processing facility other than PRS, CCC or Scotia. Memorandum to City Council Page 4 Subject: Summary of Waste Collection and Transfer Station Agreements Date: October 26, 2011 3. Section 4.1.3 - Allows SWS to use alternate facilities, if an act of God or other event beyond SWS control makes a currently authorized facility unavailable for a period not to exceed 3 months. ii. Sections 4.2 — 4.4 require Buy -Back, Drop Off, and Household Hazardous Waste Recycling at Transfer Station. iii. Section 4.5 requires acceptance at a designated area at Transfer Station segregated green waste and wood waste at rates specified in Exhibit D, adjusted as provided in Section 6, and requires disposal at the PRS Facility, Scotia and/or CCC Facility, with, as provided in existing agreement, 400 tons per month of green waste to CCC, subject to the same stated conditions as in Section 5.1 l(c) of Waste Collection Agreement. iv. Section 4.6 requires SWS to accept Food Waste at a designated area at the Transfer Station upon commencement of a food waste program under the Waste Collection Contract, at rates to be approved by City and to transport food waste to an Authorized Facility approved by City. v. Sections 4.7-4.14 further regulate the operation of the Transfer Station. d. Section 5 imposes a $2.00 per ton landfill fee on Acceptable Waste received at the Transfer Station. e. Section 6 — Gate Rates and Other Service Fees — The initial fees charged at the Transfer Station, beginning with the Effective Date of the agreement, are set forth in Exhibit D. The rates are subject to review and revision under Sections 6.2-6.4. i. Section 6.2 — Beginning January 1, 2013, and each year thereafter, the rates are adjusted based on the percentage change in the CPI and Fuel Index and to recover specified Pass -Through Costs. 1. CPI and Fuel Index based adjustments performed in accordance with rules set forth in Section 6.2(c) and as modeled in Exhibit E. 2. Section 6.3 - Pass -Through Costs are increased or decreased when they change. Pass -Through Costs include the landfill gate fee, the gate fees charged by processing facilities to accept for processing green waste and wood waste and regulatory fees SWS is required to pay. a. The current costs paid to CCC for accepting green waste is fixed at $16/ton for 400 tons per month in Section 4.5 b. The current cost paid to PRS for accepting green waste is set at $30/ton, increased by the percentage change in the CPI each year, but subject to review every 5 years to determine Memorandum to City Council Page 5 Subject: Summary of Waste Collection and Transfer Station Agreements Date: October 26, 2011 whether the fee should be reduced based on the increased value of processed green waste. (See Section 2.17 and Exhibit A (Green and Wood Waste Agreement between PRS and SWS). c. The landfill gate fee is $38.25/ton paid to Eastlake Landfill as set forth in the agreement between Lake County and SWS. (See Exhibit E, p. 2.) d. Regulatory fees currently include the MSMWA fee of $5.00/ton and City landfill fee of $2.00/ton. ii. Section 6.4 — SWS may request approval of a rate increase to account for a cost increase or revenue loss caused by an extraordinary circumstance beyond its control which it could not anticipate, if the cost increase or revenue loss unavoidably adversely affects its ability to operate at a reasonable profit. At a public hearing conducted pursuant to City Code Section 3950 and following, the City Council is required to consider the request, but the burden is on SWS to produce evidence satisfactory to the City Council justifying the requested rate increase. f. Sections 7-10 regulate the equipment used to operate the Transfer Station, facility maintenance, transporting materials, staffing, subcontractors, records and reports, hold harmless and insurance and remedies upon default. g. Section 11- prohibits an assignment of the contract or a change in ownership or control of SWS without prior written approval of the City. h. Sections 12-13 continue from the existing agreement the City's option on December 31, 2016, to purchase the land and improvements comprising the Transfer Station for $1.00. i. If the City acquires ownership of the Transfer Station, it agrees to lease it to SWS to operate the transfer station pursuant to a lease attached the Agreement as Exhibit F for which SWS will pay an initial rent of $10/ton, but assume all other costs, including maintenance, repair and replacement of improvements and payment of property taxes. ii. If the City terminates the agreement before December 31, 2016, it has the option to purchase the land for its fair market value as bare land and the improvements for $1.00. If the agreement is terminated for any reason at any time, the City has the option to purchase the equipment used to operate the transfer station for the depreciated value of the equipment. Memorandum to City Council Page 6 Subject: Summary of Waste Collection and Transfer Station Agreements Date: October 26, 2011 i. Section 15 gives the City Manager the authority to administer and enforce the agreement and expressly provides that the City Manager may elect to refer any decision the City Manager is authorized to make under the agreement to the City Council for decision. ATTACHMENT WASTE COLLECTION AGREEMENT TABLE OF CONTENTS i Page Waste Collection Agreement 1 1. Franchise Grant 1 2. Definitions 2 3. Term 5 4. Franchise Fee; Other Fees 6 5. Services 6 5.1 Solid Waste 6 5.2 Recyclables 7 5.3 Green Waste 7 5.4 Food Waste 7 5.5 Contaminated Materials 7 5.6 Changes; Missed Pick -Ups 7 5.7 Containers — Single Family Residential 8 5.8 Containers — Multi -Family Residential, Commercial and Institutional 8 5.9 Replacement or Addition of Containers 8 5.10 Personnel and Equipment 8 5.11 Disposal and Processing Facilities 8 5.12 Local Office 10 5.13 Pick -Ups at City Facilities 10 5.14 Outreach and Public Education 10 5.15 Fall Leaf Collection 11 i ii 5.16 Spring Clean -Up Week 11 5.17 Additional Services 11 5.18 Permits and Licenses 11 5.19 Diversion Requirements 11 6. Rates 11 6.1 Establishment of Rates 11 6.2 Modification Based on Consumer Price Index, Fuel Index, Recycling Reduction and Certain Pass Through Costs 11 6.3 Modification Based on Changes in Pass Through Costs 13 6.4 Five Year Review 14 6.5 Modification Based on Extraordinary Items 14 6.6 Billing 14 6.7 Proposition 218 15 7. Provisions Applicable to Equipment and Personnel 15 8. Records and Reports 16 9. Hold Harmless and Insurance 16 10. Remedies upon Default 17 11. Assignment 19 12. Waiver 20 13. Administration 20 14. Independent Contractor 20 15. Notices 20 16. Amendments 21 ii 17. Successors and Assigns 21 18. Integration; Severability 21 Exhibit A — Waste Management Strategic Plan Exhibit B —Recyclable Materials Agreement Exhibit C — Curbside Rate Calculation 23 24 25 Exhibit D — Agreement for Receipt of Wood and Green Waste 26 Exhibit E — Initial Service Rates iii 27 WASTE COLLECTION AGREEMENT This Waste Collection Agreement (the "Agreement") is made as of November _, 2011 by and between the City of Ukiah, a municipal corporation (hereinafter "City"), and Ukiah Waste Solutions, Inc., a California corporation (hereinafter "Company"), with reference to the following: WHEREAS, Company currently collects and disposes of Solid Waste generated in City pursuant to that certain Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclables from within the City of Ukiah dated March 23, 1992, as amended May 9, 1997, August 21, 1998, November 7, 2001 and April 16, 2008 (the "Prior Agreement"); and WHEREAS, Company has proposed a capital -intensive, long-term Strategic Waste Management Plan (the "Strategic Plan"), including, but not limited to, Contractor financed capital projects, for City and the other customers served by Company and its affiliates that is designed to increase diversion, mandated by law, of Solid Waste from landfills, reduce greenhouse gasses, convert waste into energy, and create new jobs, a true and correct copy of which is attached hereto as Exhibit A; and WHEREAS, undertaking the Strategic Plan will require a long-term commitment of Company's staff, time and capital; and WHEREAS, the parties wish to continue to assure the health, safety and public welfare of City's residents and businesses by providing efficient services for recycling and the collection and disposal of all Solid Waste generated in the City resulting in increased diversion pursuant to the terms of a new, long-term agreement that replaces the Prior Agreement; NOW, THEREFORE, in and for the mutual covenants herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Franchise Grant. 1.1 City hereby grants to Company, and Company hereby accepts from City, the exclusive franchise right and privilege, subject only to Section 1.3 below, to Collect, remove, transport, Recycle, Process, compost and Dispose of all Solid Waste generated in City in accordance with the provisions of City's laws and regulations pertaining to the accumulation, collection and removal thereof and any other applicable law, including applicable State and Federal statutes or administrative rules. 1.2 All Solid Waste Collected by Company pursuant to this Agreement shall become the property of Company upon its possession thereof, provided that nothing in this section shall be deemed a waiver by City of its rights and duties under this Agreement. 1.3 The franchise granted to Company hereunder shall in all respects be exclusive, I except as otherwise provided by applicable law and as follows: (a) Recyclables generated at any Residential, Commercial or Institutional Property that are Source Separated may be (i) transported personally by the Generating person for sale or donation to a Processing facility that has been duly approved and authorized as such by a governmental or other appropriate authority, including beverage containers Recycled at authorized facilities under the California Beverage Container Recycling Litter Reduction Act, (ii) may be sold or donated by the Generating person to any Charitable Entity, or (iii) sold by the Generating person to any licensed Recycler (provided the Generating person is not charged any amount by such Recycler, directly or indirectly); (b) Solid Waste Generated at any Residential, Commercial or Institutional Property may be personally transported by the person Generating same to any licensed landfill, transfer station or materials recovery facility; (c) Green Waste removed from a Residential, Commercial or Institutional Properly by a gardening, landscaping or tree trimming contractor as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility, provided that such contractor does not store the box, bin or container used for such purpose at the location where the service is provided or remove such box, bin or container from such contractor's truck; (d) Construction Debris and Demolition Debris removed from a Residential, Commercial or Institutional Property by a licensed construction or demolition contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility, provided that such contractor does not store the box, bin or container used for such purpose at the location where the service is provided or remove such box, bin or container from such contractor's truck; and (e) Hazardous Waste and Household Hazardous Waste may be disposed of in any lawful manner. 1.4 To the extent permitted by applicable law, City agrees to take such steps as may be reasonably necessary to protect (a) Company's ownership of Solid Waste, including Recyclables and Green Waste, placed at the curbside or designated collection location for Collection by Company under the terms of this Agreement, and (b) Company's exclusive rights to collect all Solid Waste, including Recyclables and Green Waste, in accordance with the terms hereof. City's obligation under this Section 1.4 is subject to Company's agreement, upon request of City, to reimburse City's reasonable expenses, including attorneys' fees and litigation expenses, incurred in taking steps as agreed upon herein; provided, however, that nothing herein shall prevent Company from taking any lawful action to protect its rights hereunder. 1.5 Except as expressly provided herein, this Agreement shall supersede the Prior Agreement as of the Effective Date set forth in Section 3 below, when the Prior Agreement shall cease to have any effect (except for periods prior to such Effective Date). 2. Definitions. 2 2.1 "Authorized Facility" means a Disposal or Processing facility that has received and is maintaining in good standing all regulatory or other approvals required by law to perform the task for which Company is using the facility and which has been approved by the City pursuant to Section 5.11 below. 2.2 "Billing Fees" means the billing fees payable to City pursuant to Section 6.6 below, including any fees or charges adopted to replace or supplement such billing fees. 2.3 "CCC" means Cold Creek Compost, Inc. 2.4 "Change in Law" means the enactment, adoption, promulgation, issuance, modification, or written adoption or change in administrative or judicial interpretation on or after the Effective Date of, any law, regulation, rule, order, judgment, decree, permit, approval or other requirement of any governmental agency (including City) having jurisdiction over this Agreement or Company's performance hereunder. 2.5 "Charitable Entity" means any not -fox -profit organization or entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities. 2.6 "Collect" or "Collection" means the collection, transportation and removal of Solid Waste within and from City. 2.7 "Commercial Property" means property upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon Residential Property that are permitted under applicable zoning regulations and are not the primary use of the property. 2.8 "Construction Debris" means used or discarded construction materials generated during the construction or renovation of a building, structure or other man-made improvement on a Residential, Commercial or Institutional Property. 2.9 "Containers" means any and all types of Solid Waste receptacles supplied by Company, including but not limited to rectangular bins, cylindrical containers, and any and all other kinds of receptacles or bags, irrespective of size or shape. 2.10 "Customer" means the owner or occupant of Residential, Commercial or Institutional Property. 2.11 "Demolition Debris" means used construction materials generated during the razing or renovation of a building, structure or other man-made improvement on a Residential, Commercial or Institutional Property. 2.12 "Disposal" means the permanent placing of Solid Waste in a facility legally permitted to receive it. 2.13 "Disposal Costs" means Company's costs to deposit Solid Waste collected under this Agreement at the Transfer Station (as defined in Section 5.11 below) or any other Authorized Facility. 2.14 "Food Waste" means food that is discarded (as from a Commercial or Residential Property kitchen). 2.15 "Franchise Fees" means the franchise fees payable to City pursuant to Section 4 below, including any fees or charges adopted to replace or supplement such franchise fees. 2.16 "Generate" means to create or render. A Customer is not considered to be the Generator of Solid Waste if the material has merely been transported or moved to the Customer's site. 2.17 "Green Waste" means tree trimmings, grass cuttings, plants, leaves, branches and trees (not more than six (6) inches in diameter or more than four (4) feet in length) and similar materials generated at a Residential, Commercial or Institutional Property. 2.18 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste or extremely Hazardous Waste by the State of California, or identified as Hazardous Waste by the U.S. Environmental Protection Agency, under applicable laws or regulations. 2.19 "Household Hazardous Waste" means Hazardous Waste that is generated at Residential Properties. 2.20 "Institutional Property" means the premises or site of any governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites. 2.21 "Multi -Family Residential Property" means any building or structure, connected structure or series of structures used for residential purposes, and consisting of three (3) or more distinct dwelling units, irrespective of whether the dwelling units are rental units or are owner -occupied. 2.22 "Pass Through Costs" means Disposal Costs, Processing Costs and Regulatory Costs. 2.23 "Processing" means the act of salvaging, reprocessing, marketing and selling or reusing Recyclables (including Food Waste and Green Waste) for the purpose of Recycling, whether directly or through one or more third parties, and shall include other means of diverting Solid Waste from landfills pursuant to the Strategic Plan. 4 2.24 "Processing Costs" means the costs of Processing. 2.25 "Recyclables" means Solid Waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of the California Integrated Waste Management Act of 1989, as amended ("AB 939"), including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including Green Waste and Food Waste), and wood, brick and stone in reusable size and condition. Recyclables shall include those items of Construction Debris and Demolition Debris which are described in this Sections 2.8 and 2.11. 2.26 "Recycle" means the process of reusing or processing Solid Waste into a form suitable for reuse consistent with the requirements of AB 939. 2.27 "Regulatory Costs" means all regulatory and governmental fees and charges incurred by Company in connection with providing services under this Agreement, including, without limitation, Franchise Fees, Billing Fees, commercial oversight fees and landfill closure costs payable to City. 2.28 "Residential Property" means Single Family Residential Property and Multi - Family Residential Property. 2.29 "Single Family Residential Property" means any building or structure, connected structure or series of structures used for residential purposes, and consisting of less than three (3) distinct dwelling units, irrespective of whether the dwelling units are rental units or are owner -occupied. 2.30 "Solid Waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, Green Waste, Food Waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this Agreement Construction Debris, Demolition Debris, Recyclables, but excluding Hazardous Waste and Household Hazardous Waste. 2.31 "Source Separated" means Recyclables that are separated at the Residential, Commercial or Institutional Property where they are generated from Solid Waste and other Recyclables that are Collected separately, and which are saleable or acceptable for Processing without further sorting, including, but not limited to, Recyclables consisting of glass, paper, plastic, cardboard, tin cans and aluminum cans which are separated from all other Recyclables and Solid Waste, Green Waste which is separated from all other Recyclables and Solid Waste, and Food Waste which is separated from all other Recyclables and Solid Waste. 3. Term. Subject to earlier termination in accordance with the terms of this Agreement, the term of this Agreement shall commence on January 1, 2012 (the "Effective Date") and continue for a period of fifteen (15) years through December 31, 2026, provided that Company shall have one (1) option to extend this Agreement and the franchise granted hereunder on the terms and conditions herein for a period of five (5) years commencing January 1, 2027 and ending December 31, 2031. Notice of Company's exercise of such option must be given at least six (6) months prior to December 31, 2026. The option to extend hereunder may not be exercised unless Company is in material compliance with the terms of this Agreement at the time of exercise and on December 31, 2026. It is the parties' intention that, subject to prior termination hereunder or thereunder, the term of this Agreement be coextensive with the term of the Transfer Station Agreement between City and Solid Wastes Systems, Inc. ("SWS") of even date herewith (the "Transfer Station Agreement"). 4. Franchise Fee, Other Fees. Company shall be liable to City for a franchise fee equal to fifteen percent (15%) of the gross revenues collected by Company from Customers within the City limits during the term of this Agreement or such other percentage of such gross revenues as the City Council may establish from time to time. Within thirty (30) days after the end of each calendar month, Company shall send City a statement detailing gross revenue received by Company from Commercial and Institutional Customers, and from the Multi -Family Residential Customers that Company bills, for the prior calendar month, and City shall send Company a statement showing how City calculated the amounts withheld in accordance with this Section 4 and Section 6.6 below from its payment to Company for the prior calendar month. As soon as City's billing system permits it to generate the following statement, City will provide Company within thirty (30) days after the end of each calendar month with a statement detailing the amounts billed by City to the Residential Customers billed by City, the amounts collected by City from such Customers, the amounts paid to Company and all amounts withheld from such payments in accordance with this Section 4 and Section 6.6 below for the prior calendar month. In addition, each party shall maintain copies of all its billing and collection records for three (3) years following the date of billing for inspection and verification by the other party. Company shall also owe City a Billing Fee pursuant to Section 6.6 below, a commercial oversight fee of $10,000 per calendar year and a landfill closure cost of $60,000 per calendar year. The Franchise Fee, the Billing Fee, the oversight fee and the landfill closure fee shall all be paid by means of City's withholding such amounts from the payments City makes to Company in respect of the revenues City bills to Residential Customers in accordance with Section 6.6 below. The annual oversight and landfill closure fees will each be withheld at the rate of one -twelfth per month. 5. Services. 5.1 Solid Waste. Company shall Collect and Dispose of all Solid Waste (other than Source Separated Recyclables, which are subject to Section 5.2 below, and Source Separated Green Waste and Food Waste, which are subject to Section 5.3 below) generated at every Single Family Residential Property within City once each week on a regularly scheduled day, and at every Multi -Family Residential, Commercial and Institutional Property within City upon a schedule established between Company and each Generating person (or the owner, landlord or property manager, in the case of Multi -Family Residential Properties), but at least once each week on a regularly scheduled day, in accordance with this Agreement. Solid Waste shall not be put out for Collection with Hazardous Waste or Household Hazardous Waste in the same 6 Container. Company will not collect Solid Waste, including Recyclables, on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day or Christmas Day, and will make appropriate adjustments to its collection schedule in order to avoid an excessive accumulation of Solid Waste on such days. 5.2 Recyclables. Company shall collect all Source Separated Recyclables (other than Green Waste and Food Waste) Generated at every Residential Property within City once each week on a regularly scheduled day in accordance with this Agreement. Company shall collect all Source Separated Recyclables (other than Green Waste and Food Waste) Generated at every Commercial and Institutional Property within City upon a schedule established between Company and each Generating person (or the owner, landlord or property manager, in the case of Multi -Family Residential Properties), but not less frequently than weekly. 5.3 Green Waste. Company shall collect all Source Separated Green Waste Generated at every Residential Property within City once each week on a regularly scheduled day in accordance with this Agreement. Company shall collect all Source Separated Green Waste Generated at each electing Commercial and Institutional Property within City upon a schedule and at rates established between Company and each Generating person, but not less frequently than weekly. 5.4 Food Waste. Subject to Company's obtaining all necessary permits, and Company and City agreeing upon the specific terms of the program, including applicable Rates and methods of collection, Company shall commence a pilot Food Waste Collection program for Commercial and Institutional Properties as soon as possible but by no later than June 1, 2013. No later than six months after commencement of such pilot program, Company and City will develop the specific terms, including applicable Rates and methods of collection, for an ongoing Food Waste Collection programs for all Residential, Commercial and Institutional Properties, subject to Company's obtaining all necessary permits. 5.5 Contaminated Materials. Company may refuse to collect Solid Waste, Recyclables, Green Waste or Food Waste Generated by, and shall not be obligated to continue to provide any Solid Waste, Recyclables, Green Waste or Food Waste Container to, any person who after reasonable warning, fails to sort Solid Waste, Recyclables, Green Waste or Food Waste properly, or fails or refuses to allow Company to Collect, on an exclusive basis, said person's Solid Waste, Recyclables, Green Waste or Food Waste. Company shall make available to City any warning notices issued by Company for this purpose, and City shall investigate same to determine whether the person receiving the notice has violated the applicable ordinance. Company may alternatively assess a contamination charge in accordance with Exhibit E in such instances. 5.6 Changes; Missed Pick -Ups. Company shall not alter or adjust Collection services without providing prior notice to all service addresses, and any schedule modifications shall not result in reduced service frequency to any Customer. Company shall collect and remove Solid Waste and Recyclables from any premises "missed" or "skipped" during the regularly scheduled time, within one (1) working day after demand for collection is made by the Customer or City. 7 5.7 Containers -Single Family Residential. Company shall collect Solid Waste, Recyclables, Green Waste and Food Waste from Single Family Residential Properties in City in the following types of Containers: Solid Waste —10, 20, 32, 64 or 96 gallons, Recyclables —32 (Billy Goat Run), 64 or 96 gallons, Green Waste — 32 (Billy Goat Run), 64 or 96 gallons, Food Waste — sizes proposed by Company and approved by the City Manager. Company has provided and distributed one set of Solid Waste, Recyclables and Green Waste Containers, at no cost in addition to the monthly rates, to each Single Family Residential Property in City, and will provide such a set to each new Single Family Residential Property in City after the Effective Date, and will provide a Food Waste Container of the approved size to each Single Family Residential Property upon commencement of the relevant Food Waste Collection program. Nothing in this section shall be deemed to preclude the use of bins or other Containers of a size and shape, which are compatible with approved rates, acceptable to and supplied by Company and, in the event City and Company shall institute new programs hereunder which require bins or other Containers of a particular size and shape, Customers on single unit Residential Properties shall use bins or other Containers supplied by Company meeting such requirements. 5.8 Containers- Multi -Family Residential, Commercial and Institutional. Company shall collect Solid Waste, Recyclables, Green Waste and Food Waste from Multi -Family Residential Properties, Commercial Properties and Institutional Properties in City in a size and shape suitable for each such location from the following capacities: 10, 20, 32, 64 or 96 gallon carts, two -yard, three -yard, four -yard and six-yard bins, and 15 -yard, 20 -yard and 30 -yard boxes. 5.9 Replacement or Addition of Containers. Company shall replace, at no charge to a Single Family Residential Generator but not more than once a calendar year, a Solid Waste, Recyclables, Green Waste or Food Waste Container that is stolen from the curb. If from time to time a Single Family Residential Generator may wish to have additional Containers, Company shall make additional Containers available for free and adjust the Generator's service rate. A replacement Container will be provided free to any Single Family Residential Generator returning the original Container for a Container of a different size, but not more than twice a calendar year. Company will maintain and repair Containers at its cost, and shall repair or replace damaged Containers, at Company's option, upon request of a Customer or City. The ownership of all Containers purchased by Company under this Agreement shall be and remain with Company. 5.10 Personnel and Equipment. Company shall furnish sufficient personnel, labor and equipment required for the Collection, removal, handling, Processing and Disposal of all Solid Waste Generated within the corporate limits of the City in compliance with this Agreement and the City's applicable law or City policy. 5.11 Disposal and Processing Facilities. (a) Solid Waste. Company shall transport all Solid Waste collected by it in City to the transfer station operated by SWS and located at 3151 Taylor Drive, Ukiah, California (the "Transfer Station"). All of such Solid Waste that is not Recycled shall be hauled to a licensed disposal facility in accordance with the terms of the Transfer Station Agreement. The gate fee paid by Company to SWS for Solid Waste delivered to the Transfer Station shall be as determined under the Transfer Station Agreement. (b) Recyclables. Company shall transport all Source Separated Recyclables (other than Green Waste and Food Waste) Collected by it curbside from Residential Customers in City to the materials recovery and green waste facility operated by Pacific Recycling Solutions, Inc. ("PRS") and located at 4260 North State Street, Ukiah, California (the "PRS Facility") for Processing. Company shall transport all other Recyclables collected in City to the Transfer Station. Any residue from such Recyclables that cannot be Recycled shall be Disposed of in accordance with the Transfer Station Agreement if delivered to the Transfer Station, or at any Authorized Facility selected by PRS, if delivered to the PRS Facility. PRS shall pay Company the amounts determined under that certain Recyclable Materials Agreement between PRS and Company of even date with this Agreement attached hereto as Exhibit B for Recyclables delivered to PRS by Company (the "Recycling Agreement"). The amount, if any, paid by Company to SWS for Recyclables delivered to the Transfer Station shall be as determined under the Transfer Station Agreement. (c) Green and Food Waste. Company shall transport all Source Separated Green Waste and Food Waste collected by it in City to any or all of the following facilities: the Transfer Station, the PRS Facility or the Scotia biomass conversion facility (the "Scotia Facility")for Processing; provided, however, that, notwithstanding any other provision in this Agreement, Company shall arrange for delivery of an average of 400 tons per calendar month, subject to seasonal adjustments affecting the amount of Green Waste available, of Green Waste (including Green Waste generated in City), un -ground but presorted, to the CCC facility so long as (1) CCC is licensed to accept Green Waste from City, (2) CCC is in full compliance with its license, (3) CCC is the only licensed composting facility in Mendocino County that is licensed to accept and is capable of accepting the full range of inputs accepted by CCC as of April 1, 2008, (4) CCC charges not more than $32.00 per ton for the first 200 tons of such Green Waste in the aggregate delivered per calendar month and no charge for any tons in excess of 200 delivered in such month, and (5) CCC continues to accept sheet rock from Company, SWS and PRS at no charge; and, provided, further, that Company's obligation shall be deemed satisfied by Green Waste arranged to be delivered by SWS to the CCC facility pursuant to Section 4.5 of the Transfer Station Agreement. Any residue from the Green Waste generated in City that cannot be Processed shall be disposed of in accordance with the Transfer Station Agreement if delivered to the Transfer Station, or at any Authorized Facility selected by PRS, if delivered to the PRS Facility. The amount paid by Company to SWS for Green Waste delivered to the Transfer Station shall be as determined under the Transfer Station Agreement, and the amount paid by Company to PRS for Green Waste delivered to the PRS Facility shall be as determined under that certain Agreement for the Receipt of Green and Wood Waste between PRS, Company and SWS of even date with this Agreement and attached hereto as Exhibit C. (d) Alternate Successor and Other Authorized Facilities. Company shall provide City with written notice as soon as Company knows that it will use a Processing Facility instead of or in addition to the PRS Facility, the Scotia Facility or CCC. The notice shall provide the name and location of the proposed Facility, the anticipated gate fee and other charges for Processing at that Facility, and a copy of the proposed contract between Company and such Facility. Company shall also provide City with any additional information about such Processing Facility reasonably requested by City. Company's use of the proposed Processing 9 Facility shall be subject to City's approval, which shall not be unreasonably withheld and may be given by City's City Manager. In acting on a request for approval, the City shall consider, among other things, whether the cost of using that Facility is reasonably consistent with the Strategic Plan, available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives, and otherwise qualifies as an Authorized Facility. In the event that the Transfer Station, the PRS Facility, the CCC facility, the Scotia Facility or any other Authorized Facility described above cannot accept Solid Waste, Recyclables, Green Waste, or Food Waste Generated in City on a temporary basis due to no fault of Company, or due to events beyond the control of Company, such as acts of God, public emergency, strike or lockout by employees of another entity unrelated to Company, Company shall locate and use an alternate licensed facility for the duration of such circumstance; provided, however, that City approval in accordance with this Section 5.11(d) shall be required if the Authorized Facility cannot accept Solid Waste for a period of time exceeding three (3) months. 5.12 Local Office. Company shall maintain an office where service may be applied for and complaints made. The address and telephone number of such office shall regularly be included in Customer billings and service information distributed to the public. Company's office shall have a responsible individual available daily between the hours of seven -thirty o'clock a.m. and four o'clock p.m., excepting Saturday, Sunday and holidays. Calls for missed collections shall be received 24 hours per day, by answering machine after four o'clock p.m. and on Saturdays, Sundays and holidays. 5.13 Pick -Ups at City Facilities. Company shall provide Containers and remove, without charge, all Solid Waste, Source Separated Recyclables and Source Separated Green and Food Waste Generated at all City facilities, including from City street cans, (of the nature and in the amounts currently collected) at least once per week, but Company may charge all other public agencies for services rendered at the same rates and on the same basis as Commercial Customers are charged for similar services. Company shall also remove, without charge, all grit and screenings from City's wastewater plant as scheduled by Company and City. Commencing with the expiration of City's current sludge hauling agreement with Total Waste Systems, Company shall remove and dispose of, for the charge contained in Exhibit E, all sludge from City's wastewater plant as scheduled by Company and City. 5.14 Outreach and Public Education. Company shall execute a public awareness campaign for recycling by Residential and Commercial Customers, which campaign will include an up to date Web Site that includes educational information, a business waste reduction program, a school Recycling program and a flyer in Company's billing statements (or posted on Company's website) not less than every six months. City shall provide Company with free space at all City -sponsored events to promote the campaign. Additional activities shall be available at additional cost by mutual agreement of the parties. Company shall also provide each new Customer with a packet of information regarding the curbside Recycling and Green Waste programs, and, if in effect, a Food Waste program, as well as information cards to be used in the event that a Customer places materials out for Recyclables, Green Waste or Food Waste collection that are not acceptable as set forth in this Agreement. Such card shall be left with the 10 Customer's container or bin and shall inform the Customer why the materials were not picked UP. 5.15 Fall Leaf Collection- Company shall provide all Customers with reasonable leaf collection without charge during the week after Thanksgiving each year in Containers and/or bags approved or provided by Company. City shall prepare and pay for an insert in all Customer billing advertising this service. 5.16 Spring Clean-up Week. Company shall provide all Customers with reasonable Green Waste collection during the third week of April each year, including the collection of tree branches not to exceed six (6) inches in diameter or four (4) feet in length. 5.17 Additional Services. Company shall provide additional services upon request of City, or upon the proposal of Company as approved by City pursuant to Section 5.19 below, subject, if the costs incurred by Company to provide such services increase, to the establishment by mutual written agreement of a reasonable service Rate therefor. 5.18 Permits and Licenses. Company shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Company to perform the work and services described herein. City shall reasonably cooperate with Company in connection with obtaining or renewing such permits, licenses and approvals. 5.19 Diversion Requirements. In an effort to assure City's continuing compliance with the current and any future diversion requirements set forth in the California Integrated Waste Management Act of 1989, as amended ("AB 939"), Company shall propose and implement various recycling, Solid Waste reduction, public education and reporting programs for City and its residents, subject to City taking all actions necessary to implement such programs and approving reasonable service rate increases needed, if any, in connection therewith. 6. Rates. 6.1 Establishment of Rates. The service rates specified in Exhibit E to this Agreement (the "Rates") shall take effect on the Effective Date, subject to approval by the City Council and compliance with the notice and hearing requirements in Article XIII.D of the California Constitution and Government Code Sections 53750 et seq. (collectively, "Proposition 218"). Such Rates shall be adjusted pursuant to Sections 6.2, 6.3, 6.4 and 6.5 below, subject to compliance with the notice and public hearing requirements of Proposition 218 as provided in such Sections. The parties' agreement to subject the Rates and certain adjustments thereto to the notice and public hearing requirements of Proposition 218 is precautionary only and shall not be deemed an admission that Proposition 218 applies to the Rates or such adjustments. Company shall not charge any amount in excess of the approved Rates for services required by or permitted under this Agreement. 6.2 Modification Based on Consumer Price Index, Fuel Index, Recycling Reduction and Certain Pass Through Costs. I1 (a) Adjustment Calculation. Each Rate shall be adjusted January 1st every year, beginning January 1, 2013 ("Rate Adjustment Date") to reflect changes in the CPI, the Fuel Index, the amount paid to Company by PRS for Recyclables and certain Pass Through Costs by a percentage determined in accordance with the Curbside Rate Calculation attached hereto as Exhibit C (the "Calculation"). (b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following terms shall have the following meanings. (i) "Base Fuel Costs" means Company's actual costs for diesel and other fuels used in performing services under this Agreement for the year ended December 31, 2010 or $200,641.15. (ii) "Base Revenue" means Company's total revenue received from Customers during the Comparison Year. (iii) "Base Year" means the year ended June 30th one year prior to June 30th of the Comparison Year. (iv) "Comparison Year" means the year ended June 30th immediately prior to the relevant Rate Adjustment Date. (v) "Commercial Oversight Fees" means the total amount of commercial oversight fees, including any fees or charges adopted to replace or supplement such fees, paid by Company to City in accordance with Section 4 and 6.6 during the Comparison Year. (vi) "CPI" means the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics. (vii) "Disposal Fees — Garbage" means the actual Disposal Costs paid by Company to SWS for Solid Waste delivered by Company to the Transfer Station during the Comparison Year. (viii) "Disposal Fees — Green Waste" means the actual Processing Costs paid by Company to CCC, PRS or any other Authorized Facility for Green Waste delivered by Company to the CCC facility, the PRS Facility or such Authorized Facility, respectively, during the Comparison Year. (ix) "Fuel Costs" means Company's actual costs for diesel and other fuels used in performing services under this Agreement during the Comparison Year. (x) "Fuel Index" means the California No.2 Diesel Retail Sales by all Sellers (Dollars Per Gallon) published by the U. S. Energy Information Administration. (xi) "Landfill Closure Costs" means the total amount of landfill closure fees, including any fees or charges adopted to replace or supplement such fees, paid by Company to City in accordance with Section 4 and 6.6 during the Comparison Year. (xii) "Recycle Credit" means the product of (A) the average monthly weighted average price (AMWAP) per ton PRS is required to pay to Company under the Recycling Agreement for Source Separated Recyclables collected by Company curbside from Residential Customers during the Comparison Year, but not less than $5.00, times (B) the total tons of such Recyclables so delivered by Company to PRS and accepted by PRS during the Comparison Year; provided, however, that if the amount of Recyclables rejected by PRS under Section 2 of the Recycling Agreement averages over any consecutive six month period more than 5% of the total Recyclables delivered to PRS ("the Acceptable Rejection Rate"), the credit shall include AMWAP, but not less than $5.00, times the tons of Recyclables rejected by PRS 12 for that same six month period in excess of the Acceptable Rejection Rate. (xiii) "Total Costs" means all of Company's costs to provide Collection services under this Agreement, including, without limitation, labor costs, vehicle and vehicle - related costs, maintenance, insurance, and transportation costs, Fuel Costs and Pass Through Costs. (c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following rules shall apply. (i) "CPI Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (ii) "Fuel Index Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the Fuel Index from June of the Base Year through June of the Comparison Year; provided, however, that, notwithstanding Section 6.2(b)(iii) above, "Base Year" for purposes of the Fuel Index Change shall mean the year ended June 30, 2010; and, provided, further, that the Fuel Index Change adjustment (i.e., Fuel Index Change multiplied by Base Fuel Cost) for any Rate Adjustment Date shall be calculated after removal of such adjustment for the prior Rate Adjustment Date. (iii) Each adjustment element in the first part of the Calculation will be grossed up for the corresponding increase or decrease in Franchise Fees and Billing Fees (where applicable) resulting from such adjustment, other than the CPI adjustment. (iv) Rate adjustments for changes in Commercial Oversight Fees or Landfill Closure Costs that take effect on a date other than January I", as well as changes in other Pass Through Costs, will be determined under Section 6.3 below and not under this Section 6.2. (d) Procedure. The procedure for Rate adjustments under this Section 6.2 shall be as follows: (i) Not later than August 15th of each year, Company shall file with the City Manager a written notice of intention to adjust each of the then current Rates effective as of January 1 st of the next year in accordance with Section 6.2(a) through (c) above. (ii) Within sixty (60) days of the filing of the notice of intention, the City Manager shall review the notice and either confirm that the proposed Rates are within the limit of Section 6.2(a) though (c) above or establish by mutual agreement with Company any necessary changes to the proposed Rates to make such confirmation. (iii) The City Manager shall promptly inform the City Council in writing of the new Rates determined in accordance with this Section 6.2, with any new Rates to become effective on the following January 1 st. (iv) In the event that the CPI or the Fuel Index described in Section 6.2(b) above shall be discontinued or materially modified during the term of this Agreement, the parties shall together select a replacement index and/or otherwise change Section 6.2(b) above so as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of the relevant index described in Section 6.2(b) as in effect on the date hereof. 6.3 Modification Based on Changes in Pass Through Costs. In addition to adjustments under Section 6.2 above, each Rate shall be adjusted to reflect changes in Pass Through Costs 13 that are not the subject of Rate adjustments pursuant to Section 6.2 above, as follows. Using the section of the Calculation entitled "Revenue Base," each Rate shall be increased by an amount equal to the increase in applicable Pass Through Costs, and decreased by an amount equal to the decrease in applicable Pass Through Costs, in each case so as to cause all the Rates to compensate for such change in Pass Through Costs as of the date such change becomes effective and either payable by or a benefit to Company, and taking into account the increase or decrease in Franchise Fees and/or Billing Fees payable in respect of such change. 6.4 Five Year Review. Once every five (5) years (beginning no later than April 2, 2016 for purposes of adjusting the Rates effective January 1, 2017), City shall conduct a review for the purpose of determining whether or not the automatic adjustments provided in Sections 6.2 and 6.5 have adequately adjusted the rates to cover the actual increase or decrease in the Company's reasonable operating costs or have exceeded those costs and whether the Rates remain fair to the ratepayer and the Company. Depending on the results of that review the City may increase or decrease the rates. City shall complete each such review and adjustment, if any, at least three months (3) prior to the beginning of such year (by September 30, 2016 in the case of the first such review), and Company shall cooperate with such review. In conducting each such review, City shall consider the following information: financial records of Company (including operating expenses and Disposal, Processing, Regulatory and other costs of Company, and Company revenues), the factors described in Section 6.5 below, and rates charged for comparable services in similar communities. Increases or decreases in the Rates pursuant to this Section 6.4 shall be subject to the notice and public hearing requirements of Proposition 218. 6.5 Modification Based on Extraordinary Items. In addition to adjustments under Sections 6.2, 6.3 and 6.4 above, Company may request an increase in the Rates if Company's costs increase or its revenues decrease solely as the result of extraordinary circumstances beyond its control that could not have been reasonably anticipated by Company (such as a Change in Law) and if the increase in costs or decrease in revenues unavoidably adversely affects Company's opportunity to operate at a reasonable profit. Company shall have the burden of producing evidence reasonably satisfactory to City demonstrating its need for a rate increase prior to the regular Five Year Review pursuant to Section 6.4 above. The City Council shall consider the request in good faith. Any such increase shall only be approved through the notice and hearing requirements in Proposition 218. 6.6 Billing. Company shall bill all Commercial and Institutional Customers (as well as those Residential Customers that it currently bills hereunder as listed in Exhibit G ) directly for all Solid Waste, Recyclables and Green and Food Waste Collection services hereunder. City shall bill all Residential Customers (except those currently billed by Company as approved by City) for all Solid Waste, Recyclables and Green and Food Waste Collection services hereunder. Each Commercial or Institutional Customer will be billed for one (1) month of service in advance upon commencement of service, and thereafter for one (1) month of service in arrears. Interest of one percent (1%) per month or the highest rate permitted under applicable law, whichever is less, shall be applied to any past due amounts from all 14 Customers until paid in full. Amounts shall be past due if not paid within thirty (30) days of billing. Company shall have the right to refuse service to any Customer that is more than sixty (60) days delinquent on his, her or its account; provided, however, that if the City is forced to take enforcement action against a Customer who has been refused service, Company shall pay the City's costs to take such enforcement action as is necessary to protect public health and safety. Company shall pay City three percent (3%) of the amount billed by City to Residential Customers as a billing fee. City shall pay to Company all amounts billed to Residential Customers, less Billing Fees, Franchise Fees, commercial oversight fees and landfill closure costs (in accordance with Section 4 above), and a delinquency allowance equal to one-half percent (0.5%) of such billings, monthly within thirty (30) days of the end of the calendar month for which the Residential Customers are billed. When permitted by the City's accounting software, the City will reconcile the amount held by City as a delinquency allowance at the end of each calendar quarter and shall pay Company, within thirty (30) days after the end of such quarter, the portion of such amount that exceeds the actual delinquent billings for such quarter. 6.7 Proposition 218. Notwithstanding any other provision in this Agreement, in the event. that the Rates or any modifications thereof are invalidated by a final non -appealable judgment in a court action challenging them as in violation of Proposition 218, and Company's operating costs exceed its revenue for a continuous period of six months since the date of the last Rate adjustment, Company shall have the right, exercisable by written notice to City within ninety (90) days after the entry of such judgment, to terminate this Agreement effective One Hundred Twenty (120) days after City's receipt of such notice. 7. Provisions Applicable to Equipment and Personnel. 7.1 Company shall use in connection with transportation of Solid Waste modern motor dump trucks with watertight bodies, sufficient in number and capacity to efficiently perform the work required by this Agreement. Company shall keep the outside of the truck bodies free from dirt and filth, and shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to prevent refuse from falling into public streets or places. Company shall keep all trucks freshly painted in a uniform manner, and the firm name or logo, telephone number, and truck number of each truck shall appear in a conspicuous manner. Company shall keep all trucks in good maintenance and repair, regularly inspect same, and keep accurate records of all vehicle maintenance. 7.2 Company shall not litter premises in the process of making collections nor allow refuse to blow or fall from any vehicle used for collections. Company shall clean up any and all spills, including oil and debris on the streets, resulting from its operations. Should Company fail to promptly clean up such spills resulting from its operations after notice from City, Company shall be liable to City for all reasonable costs incurred by City in doing so. 7.3 Company shall provide suitable operational and safety training for all of its 15 employees who utilize or operate vehicles or equipment for Collection of Solid Waste or who are otherwise directly involved in such Collection. Company shall use its best efforts to assure that all employees present a neat appearance, conduct themselves in a courteous manner, and perform the work as quietly as possible. Company shall also designate one or more qualified employees as supervisors of field operations, who will devote a substantial portion of their time in field checking Collection operations, including responding to complaints. 7.4 City officials shall at all times have access on 24 hours' prior written notice to inspect Company's work during operations and Company's facilities for purposes of ascertaining full knowledge respecting the conduct of Company's operations. 8. Records and Reports. 8.1 Company shall keep and maintain accurate books and records in accordance with the most recently adopted Accounting Standards Codification of generally accepted accounting principles by the Financial Accounting Standards Board clearly showing its revenues and expenses in connection with the operations provided for in this Agreement. Company shall maintain records accounting by category for the tonnage of Solid Waste, Green Waste, Food Waste and Source Separated Recyclables Collected pursuant to this Agreement on a monthly, quarterly and annual basis. 8.2 Every three (3) months after the Effective Date through the date which applies for purposes of measuring compliance with the diversion requirements of AB 939, Company shall supply City with a written report setting forth Company's best estimate of the diversion rate as of the end of the most recent month. Company shall also supply City with such related information as City may reasonably request and as Company possesses or is required by this Agreement to possess concerning such estimate. 8.3 Every three (3) months after the Effective Date, Company shall provide City with a written financial report on the amounts billed by Company to each Multi -Family Residential, Commercial and Institutional Customer and the amounts paid by such Customer. 8.4 Not later than March 31 each year, or when otherwise requested by City, Company shall provide City with a complete customer list for all Customers with the service type, billing rate, and name and address of each Customer. 9. Hold Harmless and Insurance. 9.1 Company shall indemnify and hold harmless City, its City Council, boards, commissions, officers, agents, representatives and employees from any and all actions, claims or damages brought for or on account of injuries to or death of any person or damage to property of all kinds resulting from or arising out of the operations of Company, its officers, agents, employees or servants pursuant to this Agreement. The duty of Company to indemnify and hold harmless shall include the duty to defend as set forth in California Civil Code Section 2778. 16 9.2 Company shall have in effect during the term of this Agreement, workers' compensation and employer liability insurance providing full statutory coverage. 9.3 Company shall take out and maintain during the term of this Agreement liability insurance for the following types and minimum amounts: (a) General liability, including comprehensive form, premises operations, products/completed operations, hazard, contractual insurance, broad form property damage, independent contractors and personal liability, with limits for bodily and property damage combined of $500,000 each occurrence and $500,000 aggregate. (b) Automobile liability, including comprehensive form, owned, hired and non - owned, with a limit of $1,000,000 for bodily injury and property damage combined. (c) Excess liability, umbrella form with the same scope of coverage and exclusions as the underlying policies, with a limit for bodily injury and property damage combined of $5,000,000 each occurrence and $5,000,000 aggregate. (d) Pollution and remediation liability with limits in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate insuring against loss, the cost of remediation and legal defense as a result of pollution conditions arising out of the collision, upset or overturn of Company vehicles in conjunction with this Agreement. Insurance certificates and policy endorsements evidencing the required coverage shall be filed with City and shall be subject to approval by the City Attorney. City, its City Council, boards, commissions, officers, agents and employees shall be named as additional insureds on any such policies of insurance which shall also contain a provision that the insurance afforded thereby shall be primary. No such policy shall be cancelled or modified except upon thirty (30) days' prior written notice to City. Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. 9.4 Company shall post a $300,000 performance bond or financial instrument reasonably acceptable to the City Manager as security for Company's faithful performance of each and every term, covenant and condition of this Agreement to be performed by Company, provided that the cost of such bond or other instrument shall be included in Company's Collection Costs for rate making purposes. 10. Remedies upon Default. 10.1 Company shall be deemed in default in the event Company defaults in the performance of any of the duties to be performed by it under the terms of this Agreement and fails to cure the default as further provided in this Section 10.1. City shall give Company written notice, either by mail or by personal service, setting forth the default. Company shall correct such default within thirty (3 0) days after receipt of such notice (within seven (7) days if City determines that the public health or safety is at risk) unless the default cannot, by its nature, be cured within said period, in which case the cure period shall be extended for such additional time as is reasonably necessary to effect a cure, provided that Company shall commence efforts to 17 effect a cure as soon as practicable and shall diligently pursue the cure to completion. 10.2 In the event Company's default described in Section 10.1 is of a material provision of this Agreement and is not cured as set forth in Section 10.1 or if Company has committed Multiple Breaches (defined to mean three or more defaults of material provisions of this Agreement within an eighteen (18) month period, whether cured or not) ("Material Default") City shall have the following remedies: 10.2.1 Liquidated Damages. The parties acknowledge that City will incur damages as a result of a Material Default, and that such Material Default may not warrant termination of this Agreement. The parties agree that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a Material Default. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. Liquidated damages shall be the City's exclusive damages remedy for any individual Material Default which does not result in termination of this Agreement by City. The amount of liquidated damages is $1,000 for each day the Material Default continues after Company fails to cure until it is either cured or the City terminates this Agreement_ 10.2.2 Franchise Termination. Without further notice and without suit or other proceedings, City may cancel and annul the rights and privileges of this Agreement upon a Material Default. In the event of termination of this Agreement for Material Default, City shall have the right forthwith to grant a franchise to another scavenger service or to take possession of trucks and other equipment of Company used to perform work under this Agreement. City shall have the right to retain possession of the trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by City for the purpose and City shall pay Company the reasonable rental value of such trucks and equipment, and keep them in good maintenance and repair, during the time the same are used by City. City shall also have access to Company's records for the purpose of billing service accounts during the period City is providing the services described in this Agreement, and shall retain all fees collected for such services. 10.2.3 Other Remedies. Upon termination of this Agreement based on a Material Default, City shall have all other remedies in law or equity for such Material Default. 10.3 If a dispute arises between City and Company regarding fees or any other term or provision of this Agreement, the parties agree to meet and confer in good faith to resolve the 18 dispute. Either party may request to meet and confer by written notice to the other party. Alternatively, the parties may agree to participate in non-binding mediation. If the dispute is not resolved within thirty (30) days after the written request to meet and confer has been given or after the parties have agreed to non-binding mediation, the matter, other than an action seeking specific performance or other equitable relief, damages of Twenty Five Thousand Dollars ($25,000) or less, or indemnification or insurance coverage pursuant to Section 9, shall be submitted to non-binding arbitration in accordance with Title 9 of the California Code of Civil Procedure, commencing with Section 1280, before a single neutral arbitrator ("Arbitrator") in Mendocino County. The Arbitrator shall be an attorney with at least ten (10) years' experience or a retired judge (or a person having comparable qualifications) and shall be mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the superior court in accordance with Cal. Code Civ. Proc. §1281.6. The fees and expenses of the Arbitrator shall be borne equally by the parties. In the event such non-binding arbitration does not resolve the matter and in any other dispute that results in any court action, the parties waive any right to a jury trial and agree that any such action shall be filed in the federal or state courts in or for Mendocino County, each party hereby consents to the jurisdiction of and venue in such courts, the.matter shall be governed by the internal laws of the State of California (irrespective of choice of law principles), and the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in such action from the non -prevailing party. 10.4 If Company shall at any time during the term of this Agreement or any extension thereof, become insolvent, or if proceedings in bankruptcy shall be instituted by or against Company, or if Company shall be adjudged bankrupt or insolvent by any Court, or if a receiver or trustee in bankruptcy or, a receiver of any property by Company shall be appointed in any suit or proceeding brought by or against Company, or if Company shall make an assignment for the benefit of creditors, then and in each and every such case, and provided that such proceedings, adjudication, appointment or assignment, as the case may be, continue in effect for ninety (90) days without being vacated, removed or withdrawn, this Agreement shall immediately cease and come to an end, and the rights and privileges granted shall immediately be cancelled and annulled without notice or action required on behalf of City. 10.5 Notwithstanding any other provision herein, no default, delay or failure to perform on the part of either party shall be considered a breach hereunder if such default, delay or failure to perform is due to causes beyond such party's control, including, but not limited to, riots, civil disturbances, actions or inactions of governmental authorities, epidemic, war, embargoes, severe weather, fire, earthquake, acts of God, defaults by the other party or defaults by carriers. In the event of any such default, delay or failure to perform, any dates or times by which the affected party otherwise is scheduled to perform shall be extended for a period of time equal in duration to the additional time required because of the excused default, delay or failure to perform. 11. Assignment. Company shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of this Agreement without the prior 19 written consent of City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Company for approval under this Section. Any action requiring City Council approval under this Section that occurs without such approval shall give City the right to terminate this Agreement without prior notice to Company or its successors or assigns. For purposes of this Section, any transaction involving the transfer, sale or exchange of stock which results in a change in majority control of Company from its owners as of the date hereof (excluding transfers between such owners and transfers by any such owners to revocable living trusts for the benefit of their families) shall be an assignment subject to City review and approval. 12. Waiver. The waiver by either party of any breach or violation of any term or condition of this Agreement or of any provision of law by the other party must be in writing signed by the party to be charged, and shall not be deemed to be a waiver of the term, condition or provision of law, or of any subsequent breach or violation of the same or any other term, condition or provision of law. The acceptance by City of any franchise fee or other fee or other monies which may become due hereunder to City shall not be deemed to be a waiver of any preceding breach or violation by Company. 13. Administration. The administration and enforcement of this Agreement shall be the responsibility of the City Manager or a designated representative of that office. This section is not intended to indicate or suggest the City Manager has the authority to grant, amend, or revoke the franchise referenced herein. Nothing contained in this Agreement shall prohibit the City Manager from seeking approval from the City Council for any decision the City Manager is authorized to make under the terms of this Agreement. 14. Independent Contractor. Company, its employees and agents, are independent contractors and not employees or agents of City. 15. Notices. Whenever a notice or document is required or permitted to be served or given hereunder, it shall be deemed given or served when received if delivered by fax or email (with acknowledgment of receipt), certified U.S. Mail, overnight courier (such as UPS or Federal Express), or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such document or notice shall be addressed as follows: City: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 FAX: Email: Company: Ukiah Waste Solutions, Inc. Attn: David M. Carroll, President P. O. Box 60 Ukiah, California 95482 20 FAX: Email: or to such other person or address as may be specified from time to time in writing by either party in accordance with this Section. 16. Amendments. This Agreement may be amended from time to time only by written agreement between the parties signed by an authorized representative of each party. Either party may at any time request that the service or other provisions in this Agreement be modified by delivering written notice of its requested modifications to the other party. Within thirty (30) days after receipt of any such request, the parties shall meet and negotiate in good faith on adopting such requested modifications, including, without limitation, any change to the Rates necessitated by such modifications, provided that nothing herein shall obligate either party to agree on any such requested modifications. 17. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the permitted successors and assigns of the parties. 18. Integration, Severability. This Agreement, including the Exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties, whether written or oral, relating to such subject matter, including the Prior Agreement. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement and the application of such provision to other persons or circumstances shall remain in effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ATTEST: Ukiah Waste Solutions, Inc. By: President City of Ukiah By: City Manager 21 City Clerk APPROVED AS TO FORM: City Attorney 22 EXHIBIT A WASTE MANAGEMENT STRATEGIC PLAN E 1 Introduction & Purpose of the Plan This plan presents our concepts for next generation solid waste management programs that are locally appropriate � These new programs supplement, not replace, our existing recycling programs � C&S will investigate each program fully and report back � Programs requiring a rate increase would require approval of the jurisdictions) Some may turn out to be feasible, others not �ti Plan Overview The.Plan is described in the following sections: ► Section. 1. Executive summary and plan overview Section 2. Proposed new programs and activities � Section -3. Benefits of plan implementation � This Plan outlines a long-term., comprehensive, solid waste management strategy � It addresses all aspects of the municipal solid. waste stream � It offers innovative systems and processes, to recover and manage those materials and identifies the benefits from doing so It also identifies and provides new solid waste management services for the communities served by C&s u._ 4 bjectives of the Plan � Our objectives in developing this Plan include: • Minimizing landfilling of collected municipal solid waste (MSW) • Maximizing energy and resource recovery • Reducing greenhouse gas production o Creating jobs o Being practical and affordable o Allowing phased implementation as projects and programs become viable E�Iements o e -an f th PI The plan includes the following new programs: I . Food waste collection and conversion 2. New Resource Recovery Facility to process MSW from. Ukiah Dalley and Lake County/Clearlake 3. Localized landfill disposal 4. Waste to energy a These programs supplement, not replace our existing diversion programs � Some may be feasible, others not � They could be implemented on a phased basis, and not necessarily in this order ®, t &FOR f th P'Ienef-U-) U e an � The new programs have the potential to: o Divert MSW -over 90% of the area's MSW (40,000 tons) could be diverted from landfill each year o Produce Green Energy - 2,500 Kilowatts of clean, renewable energy--enou.gh to power Over 3,600 homes o Provide Jobs - over 80 temporary and 25 on-going. new "green,, fobs o Eliminate Greenhouse Gas -� Remove approximately 65,,000 tons per year of greenhouse gases, equivalent to taking 1 3,000 cars off the road or planting 14,000 acres of pine forest annually 4 '2= 'c4ur- Settio I n 2. Proposed New Pr ograms � .Food waste collection and conversion 2. New Resource Recovery Facility to process MSW from Ukiah Valley and Lake County/Clearlake 3. Localizing landfill disposal 4-- MSW energy conversion Pro:,.".. ram #!"�+ood Waste C Ilec lion q _.. o. .... c - and con Wers- ion Food waste is the Largest component of Our waste stream 0 8 to 22%) Approximately 75% of food waste is from commercial sources (restaurants, commercial kitchens) Initial activities include: Food Waste Conversion System Feasibility Study • In -vessel aerobic composting pilot program, and •. Anaerobic. digestion: /fuel cell project Demonstration food waste collection program Implement full. scale collection and diversion programs based on results !MlurkMP91. 5611d Waste Sent to, Landfill. 2007 Yard TrIMMArlus ... Pamir Food 22% d4G _ Mews Wood 9% Text1res Pfa�Rl w Ru4Riar and fT°4 Lesthar 4% Leading edge technology Fully contained system that minimizes odor, air, and water quality issues Produces a high quality compost Possible to start small and increase capacity in a modular fashion Feed stocks include food waste, green waste and other locally available organic materials Food Waste, fats, oils, grease and other organic materiaIs can produce Biogas Fuel Fuel cells provide 50% more power from the same amount of fuel in a conventional power plant No pollution emissions Project could be stand alone or consolidated with wastewater treatment bio -solids digestion Significant grant funding available to offset costs Construct and operate Resource Recovery facility � Consolidate Ukiah Valley and Lake Cou,nty/cl.earlake waste Locate at C&S's transfer station in Lakeport � Recovered recyclable materials shipped to Pacific Recycling Solution's facility in Ukiah for processing and shipment to markets � .Post-RRF residue would be landfilled • Eastlake • Ukiah (if reopened) M Continue using for all Lake County MSW � Add Ukiah MSW on a multi-year contract ► Provides significant funding for Lake County at no additional cost to Ukiah customers Provides long term disposal for Ukiah, with flexibility to incorporate future opportunities 14 investigate reopening Ukiah landfill � Different use options would be considered Inerts only Control inbound volumes to significantly extend. landfill life o Post-RRF residues o All Ukiah area waste o Lake County MSW to preserve Eastlake capacity Non process-ible wastes from the Ukiah Transfer Station saves hauling to a distant site Some post-RRF residue could also be delivered Advantages: • Postpone closure 20+ years to avoid short-term financial challenge. • Reduces cost of transportation • Lowers greenhouse gas emissions Provides local jobs 16 Program #4- Waste to En ergy (WTE) M,SW remaining after .food waste and RRF programs are in.place still has significant energy value C&S will investigate feasibility of converting this remaining MSW into energy Recycling, composting, and digestion/fuel cell programs would remain in place W lj consider the following state of the art technologies: o Anaerobic Digestion Pyrolysis o Gasification Siti.ng in Lake County or Ukiah would be considered Project could supply green power to Ukiah or others Implement WTE when/if feasible = -_=�- ~---_ -- -_- -OF- WRMR - tR = -_=�- ~---_ -- -_- -OF- WRMR tR Why consider Waste to En ergy., Vendors eager to supply demonstration plants to (rove . p their, technology They will provide financing and operations Subsidies and grants available to offset capital costs All diversion programs (recycling, Composting, etc) will remain in place 75 to 99% additional reduction of landfill disposal .� Source of reliable, base load renewable energy near population centers and industrial loads Reduced greenhouse gas and other emissions Very low emissions if properly designed and operated ., 9 t s 3. Beneflip 0 Implementation of these four (4).p.rograms would: Provide greater MSW Diversion from .landfill Localize all activities -no more reliance on distant landfills owned by others .Allow C&S and its local government partners to determine the. timing and location of all activities o Extend landfill life 0I.Create new local jobs Provide clean, renewable energy Recover additional recyclable materials o Reduce greenhouse gas emissions o Enhance AB 939 and AB 32 Compliance ii! X67 20 Annual Diversion From Plan EleI-- m-. ents Current amount 41 led : ` 44,Q0 TPY 1. Food Waste 2,700 TPY 6% 2. Resource Recoue I 3 3`60 TPY .3. Localizing Landfil I. Not Applicable Not Applicabie -4. Vlfaste to;Energy 2`5,600 TPY' 58%: Total .amount Diverted 41 ,600 TPY 94%` Total a:mount Landfialed 2, 800 TPY TPY = toms per year 1M .uv The Plan creates N e -w jobs T 22 uF The Plan R. -educes Greenhous e Cas (GHG) ''.an d H I®�s ® Requir w 24 EXHIBIT B RECYCLABLE MATERIALS AGREEMENT EXHIBIT B RECYCLABLE MATERIALS AGREEMENT THIS RECYCLABLE MATERIALS AGREEMENT (the "Agreement") is entered into as of _, 2011 by and between Pacific Recycling Solutions, Inc. ("Buyer") and Ukiah Waste Solutions, Inc. ("Seller"). Seller and Buyer shall collectively be referred to herein as the "Parties." WHEREAS, Seller is in the business of collecting and transporting solid waste and recyclable materials; and WHEREAS, Buyer wishes to purchase and Seller wishes to sell recyclable materials collected by Seller. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, Seller and Buyer hereby agree as follows: 1. Recyclable Materials. During the term of this Agreement, Buyer agrees to purchase and Seller agrees to sell all of the type(s) of recyclable materials identified in Exhibit A attached hereto and incorporated herein collected by Seller curbside from single-family residences within the California City of Ukiah ("Recyclable Materials"). The Recyclable Materials shall meet the standards and specifications set forth in Exhibit A or such other standards and specifications as shall be agreed upon in writing by Seller and Buyer. 2. Delivery: Inspection. Delivery of the Recyclable Materials shall be made from Seller to Buyer's facility located at 4260 North State Street, Ukiah, California and/or 3501 Taylor Drive, Ukiah, California, commonly known as the Materials Recycling Facility (the "MRF"), in accordance with a schedule as agreed upon in advance by Buyer and Seller. Buyer shall be entitled to inspect the Recyclable Materials and, in accordance with this Section, shall have the right to reject and return to Seller any Recyclable Materials that are not in conformance with the standards and specifications set forth in Exhibit A. Notice of rejection of non -conforming Recyclable Materials shall be given by Buyer to Seller in writing prior to the close of business on the day Buyer receives such non -conforming Recyclable Materials. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit Buyer's right to reject non -conforming Recyclable Materials. Buyer shall not be obligated to pay the purchase price for non -conforming Recyclable Materials that are rejected in accordance with this Section but shall bear all costs associated with inspecting, testing and rejecting any non -conforming Recyclable Materials. Buyer shall provide monthly reports to Seller setting forth the amount by weight and the percentage of Recyclable Materials rejected by Buyer. 3. Pricing; Pgyment. Buyer shall pay Seller the price per ton determined in Exhibit B attached hereto and incorporated herein, but not less than $5.00, for each ton of Recyclable Materials that is received and not rejected by Buyer in accordance with Section 2. The Recyclable Materials shall be weighed at Seller's or Buyer's facility, as agreed by the parties, and proof of weight shall be provided to Seller. Seller shall, on a monthly basis, transmit an invoice to Buyer showing the types and number of tons of Recyclable Materials received by Buyer hereunder during the preceding month and the total amount due therefor. Buyer shall remit to Seller the full amount due no later than the fifteenth (15th) day of the month following the month in which Recyclable Materials were received by Buyer. Within thirty (30) days after the end of each year of the term of this Agreement, the Parties shall conduct a true -up of the amounts paid and the amounts owed hereunder, with UWS returning any overpayment to PRS and PRS paying any underpayment to UWS. Each late payment shall be subject to a late fee of one and one- half percent (1-1/2%) and shall bear interest at the higher of 10% per annum or the highest rate permitted by applicable law until paid in full. Page l 4. Term; Default; Termination. 4.1 Subject to Section 9 below, the term of this Agreement shall be for a period commencing on January 1, 2012 (the "Effective Date") and ending upon the expiration or termination of Seller's Waste Collection Agreement with the City of Ukiah of even date herewith, including extensions, subject to earlier termination on the terms herein. 4.2 If at any time either Party determines or becomes aware that the other Party is in default under or has breached any of the terms of this Agreement, the non -defaulting Party shall provide written notice to the other Party as to the nature of such default. If the defaulting Party fails to make any payment due hereunder within five (5) days, and/or fails to cure any default in the performance of any other obligation under this Agreement within thirty (30) days, after receipt of such written notice, the non - defaulting Party shall have the right to terminate this Agreement upon giving written notice; pLovided, however, that, other than for failure to make any payment hereunder, in the event the defaulting party shows cause why it should be entitled to reasonable additional time to cure a default, the non -defaulting Party shall allow such reasonable additional time to cure. 5. Representations and Warranties. In performing this Agreement, each of the Parties shall fully comply with all applicable federal, state and local laws, ordinances, decisions, orders, rules or regulations. Each of the Parties shall, and shall cause any carrier with which it contracts to, handle and transport the Recyclable Materials in a safe and workmanlike manner and all of the Parties' driver personnel and any carrier with which the Parties contract are, and shall at all times relevant to the performance of this Agreement remain, properly licensed and otherwise fully qualified to perform the services required hereunder. By the commencement date of this Agreement and throughout the term of this Agreement and any extension thereof, each Party shall be duly licensed, permitted and authorized pursuant to all applicable federal, state and local laws to handle and transport the Recyclable Materials and each Party's facility or facilities will have been issued all licenses, permits and authorizations required by all applicable federal, state and local laws to handle Recyclable Materials. 6. Indemnification. Each Parry hereto (the "Indemnitor") hereby agrees to indemnify, hold harmless and defend the other Party, and its owners, officers, directors, employees and agents (collectively, the "Indemnitees"), from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including reasonable attorneys' fees (collectively, "Damages"), which any or all of the Indemnitees may hereafter suffer, incur, be responsible for or pay out as a result of personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent directly or indirectly caused by, or arising from or in connection with the breach of any representations and warranties set forth in this Agreement of, the Indemnitor, or any negligent or intentional actions or omissions or willful misconduct of the Indemnitor, its employees, officers, owners, directors or agents in the performance of this Agreement or the transportation, handling or disposition of the Recyclable Materials by the Indemnitor, its employees or subcontractors. Such indemnity shall be limited to exclude Damages to the extent they arise as a result of any negligent or intentional actions or omissions or willful misconduct of the Indemnitees or their employees, officers, owners, directors or agents. If any claims indemnified against under this paragraph have the potential for coverage under any insurance, then the indemnities set forth in this Agreement shall apply only to the extent the amount of any indemnified claim exceeds all amounts collected under any insurance covering such claim. Before pursuing recovery under this indemnity, the Indemnitees shall exhaust all recovery available for such claim from insurance. Page 2 7. Insurance. Each of the Parties shall obtain and maintain during the term of this Agreement commercial general liability insurance which conforms to the industry standard for the services being performed by each hereunder and workers' compensation insurance that complies with applicable state statutory requirements. 8. Assignment. This Agreement shall be binding upon the successors and assigns of the Parties hereto;rop vided, that no assignment of this Agreement shall be binding upon the other Party without the other Party's consent, which consent shall not be unreasonably withheld or delayed; and provided further, that no assignment shall be valid and binding which endeavors to relieve the assigning Party of any obligations to make payments hereunder which accrued prior to the date of assignment or in which the assignee does not affirmatively agree, in writing, to assume all obligations of the assignor under this Agreement. 9. Force Majeure. Except for the obligation to pay for Recyclable Materials received by Buyer, the performance of this Agreement may be suspended to the extent that and for so long as either Party's obligations hereunder are delayed or hindered by a cause or causes beyond the reasonable control of such Party. Such causes shall include, but not be limited to, acts of God, landslides, lightning, forest fires, storms, floods, freezing, earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, or other similar causes. 10. General Provisions. (a) No waiver by either Party of any one or more defaults or breaches by the other in the performance of this Agreement shall operate or be construed as a waiver of any future defaults or breaches, whether of a like or different character. If any provision of this Agreement is declared invalid or unenforceable, then such portion shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. (b) This Agreement and all Exhibits hereto represent the entire understanding between the Parties and no representations, statements or agreements, unless agreed to by the parties in writing, shall modify, change, amend or otherwise affect the obligations undertaken in this Agreement. This Agreement supersedes, as of the Effective Date, the prior Recyclable Materials Agreement between the Parties and Solid Wastes Systems, Inc. dated November 1, 2007, and may only be amended by a written agreement executed by Seller and Buyer. (c) All notices under this Agreement shall be in writing and shall be effective if delivered personally or sent by certified mail, postage prepaid, or by overnight carrier or confirmed facsimile to the addresses set forth on the signature page hereto or to such other address as either Party shall specify by written notice so given. Any notice sent by mail shall be deemed given and received three (3) business days after the date deposited in the mail. Any notice given by personal delivery or sent by overnight carrier or confirmed facsimile shall be deemed given upon receipt. (d) The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the internal laws of the state of California, irrespective of choice of law principles, and applicable federal laws and regulations. (e) The City of Ukiah shall be considered a third party beneficiary of this Agreement. EXECUTED and effective as of the Effective Date. Page 3 Pacific Recycling. Solutions, Inc. By: Its: Address for receipt of notices: Page 4 Ukiah Waste Solutions, Inc. By: Its: Address for receipt of notices: EXHIBIT A TYPES STANDARDS & SPECIFICATIONS OF RECYCLABLE MATERIALS Material Specifications During the course of operations, any changes to the material specifications for any inbound commodity will be agreed to by both Parties prior to introduction of the new commodity. Residential Materials Materials collected through curbside recycling include: glass bottles and jars, tin and aluminum cans, aluminum foil, plastic food and beverage containers (#147) and milk and juice cartons, newspaper, OCC, magazines, junk mail, chipboard, white and office paper, and telephone books. Inbound materials may not contain more than 5% reject material. Commercial Materials Clean Corrugated Containers Consists of baled or loose corrugated containers having liners of either test liner, jute or kraft. Prohibitive materials..............................................1% Total Outthrows may not exceed................................5% Mixed Office Paper Consists of office fiber waste including envelopes, files, file folders, white ledger, color ledger, CPO, copy paper (coated or uncoated), brochures, forms and associated staples, clips, bindings and bands. Prohibitives include glass, food, shredded paper, restroom waste and hospital waste. • Total outthrows may not exceed 5%. Page 5 Pacific Recycling Solutions, Inc. Base Curbside Composite Market Value Grid Scrap CRV Weighted Composition Commodity Value/Ton Value/Ton Value/Ton 16.75% OCC #11 $140.50 $23.53 23.07% ONP #7 $155.00 $35.76 21.01% Mixed Paper $155.00 $32.57 0.53% HDPE Color $477.50 $120.00 0.51% HDPE Natural $587.50 $120.00 $3.61 1.94% PET $626.50 $1,160.00 $34.66 1.25% #3 - #7 MRP $11.50 $0.14 1.82% Tin $150.00 $2.73 24.41% Glass 3 Mix ($40.00) $72.00 $7.81 0.71% Alum Cans $1,479.50 $2,700.00 $29.67 8.00% Residuals ($74.50) ($5.96) 100.00% $167.69 Pacific Recycling Solutions, Inc. Drop Off Composite Market Value Grid F � Transfer Station Drop Off F p %. Scrap CRV Weighted Composition Commodity Value/Ton Value/Torr Value/Ton 34.00% OCC #11 $170.00 $57.80 0.00% ONP #7 $0.00 $0.00 25.00% Mixed Paper .$155.00. $38.75 1.00% HDPE Color $477.50 $120.00 $5.98 1.00% HDPE Natural $587.50 $120.00 $7.08 0.00% PET $0.00 $1,160.00 $0.00 5.00% #3 - #7 MRP $7.50 $0.38 30.00% Rigid Plastic $50.00 $15.00 0.00% Tin $0.00 $0.00 0.00% Glass 3 Mix $0.00 $72.00 $0.00 0.00% Alum Cans $0.00 $2,700.00 $0.00 4.00% Residuals ($74.50) ($2.98) 160.00% $122.00 EXHIBIT C CURBSIDE RATE CALCULATION Ukiah Waste Solutions Curbside Rate Components Annual Adjustment Calculations Effective Date January, 2012 Revenue base Residential Commercial Roll Off TOTAL Total Revenue 29.44% 67.79% 2.77% Increase/ 2010 Revenue $806,433.60 $1,856,695.20 $75,811.40 Decrease Fuel Cost $21,160.78 Index $1,989.29 Allowed TOTAL COSTS $2,819,380.47 $0.00 $0.00 $0.00 Less: Fuel Cost $200,641.15 Fuel $ 71,869.66 Less Disposal Fees - Garbage $693,250.45 SWS TS Gate $ 39,099.33 Less Disposal Fees - Green Waste $72,000.00 Negotiated $ - Less City Landfill Closure Costs $60,000.00 Set by City $ - Less City Commercial Oversight fee $9,999.96 Set by City $ - Collection Costs before Recycle Credit $1,783,488.91 $1,974,572.88 $80,624.51 $2,912,829.77 Recycle Credit -$16,056.55 $13,274.92 $542.03 $19,793.70 Collection COSTS Subject to CPI adj. $1,767,432.36 CPI $ 62,920.59 Adjusted revenue $864,804.48 $1,987,847.80 $ 173,889.58 Revenue base Residential Commercial Roll Off TOTAL Total Revenue Revenue Increase $58,370.88 $131,152.60 $5,355.14 $194,878.62 Rate increase as a percent 7.12% Page 1 of 4 29.44% 67.79% 2.77% 100.00% 2010 Revenue $806,433.60 $1,856,695.20 $75,811.40 $2,738,940.20 Fuel Cost $21,160.78 $48,719.59 $1,989.29 $71,869.66 Disposal Fees - Greenwaste $0.00 $0.00 $0.00 $0.00 Landfill closure cost $0.00 $0.00 $0.00 $0.00 Commercial Oversight fee $0.00 $0.00 $0.00 $0.00 Other Regulatory & Governmental Costs $0.00 $0.00 $0.00 $0.00 Disposal Fees - Garbage $11,512.12 $26,504.97 $1,082.23 $39,099.32 CPI adjustment $18,525.88 $42,653.12 $1,741.59 $62,920.59 Total before franchise and billing fees $857,632.38 $1,974,572.88 $80,624.51 $2,912,829.77 Franchise Fee $5,976.75 $13,274.92 $542.03 $19,793.70 Billing Fee $1,195.35 $0.00 $0.00 $1,195.35 Adjusted revenue $864,804.48 $1,987,847.80 $81,166.54 $2,933,818.82 Revenue Increase $58,370.88 $131,152.60 $5,355.14 $194,878.62 Rate increase as a percent 7.12% Page 1 of 4 Ukiah Waste Solutions Curbside Rate Components Annual Adjustment Calculations Effective Date January, 2012 Transfer Station Fee (Disposal Fees - Garbage) Jan to Jan January 2011 January 2012 Increase (Decrease) $74.50 $78.70 4.200 Transfer Station Fee % Change 5.64% Green Waste Disposal Fee (Disposal - Green Waste) Jan to Jan January 2011 January 2012 Increase (Decrease) $30.00 $30.00 $ - Disposal Fee - Green Waste % Change 0.00% Landfill Closure Costs Jan to Jan January 2011 January 2012 Increase (Decrease) $60,000.00 $601000.00 $ - Landfill Closure Costs % Change 0.00% Commercial Oversight Fee Jan to Jan January 2011 January 2012 Increase (Decrease) $10,000.00 $10,000.00 $ - Commercial Oversight Fee % Change 0.00% Recycle Credit June to June Tons Value/Ton Credit June 2011 3,211.31 .$5.00 $ 16,056.55 Recycle Credit $ 16,056.55 City Franchise Fee 15% City Billing Fee - Residential Customers 3% Page 2 of 4 Fuel - June to June (Fuel Index) June 2010 June 2011 Index Increase (Decrease) $3.102 $4.213 $1.111 Fuel %Change 35.82% CPI - June to June (Index) June 2010 June 2011 Index Increase (Decrease) 217.965 225.722 7.757 CPI % Change 3.56% Transfer Station Fee (Disposal Fees - Garbage) Jan to Jan January 2011 January 2012 Increase (Decrease) $74.50 $78.70 4.200 Transfer Station Fee % Change 5.64% Green Waste Disposal Fee (Disposal - Green Waste) Jan to Jan January 2011 January 2012 Increase (Decrease) $30.00 $30.00 $ - Disposal Fee - Green Waste % Change 0.00% Landfill Closure Costs Jan to Jan January 2011 January 2012 Increase (Decrease) $60,000.00 $601000.00 $ - Landfill Closure Costs % Change 0.00% Commercial Oversight Fee Jan to Jan January 2011 January 2012 Increase (Decrease) $10,000.00 $10,000.00 $ - Commercial Oversight Fee % Change 0.00% Recycle Credit June to June Tons Value/Ton Credit June 2011 3,211.31 .$5.00 $ 16,056.55 Recycle Credit $ 16,056.55 City Franchise Fee 15% City Billing Fee - Residential Customers 3% Page 2 of 4 Calculation to adjust fuel costs Fuel Exhibit Page 3 of 4 Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June Base Year, Fuel Index and Cost 3.102 $20041.15 2010 Actual Index Change - New vs. Base Year 1 Estimated Fuel index adjustment at June 2011 4.213 35.82% $71869.66 Plus: Base Year Cost Index Change Revenue adjustment for January 2012 rate revision > $71,869.66 $0.00 Less: Prior Fuel Cost applied to rate $272,510.81 Fuel Cost Allowed Year 1 Annual. adjustment based on fuel Index change, year to year (using example fuel index changes) 2 Estimated Fuel index adjustment at June 2012 4.630 49.26% $98,835.83 Plus: Base Year Cost X Index Change Revenue adjustment for January 2013 rate revision $26,966.17 $71,869.66 Less: Prior Fuel Cost applied to rate $299,476.98 Fuel Cost Allowed Year 3 Estimated Fuel index adjustment at tune 2013 3.940 27:01% $54;193.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2014 rate revision --> ($44,642.66) $98,835.83 Less: Prior Fuel Cost applied to rate $254,834.32 Fuel Cost Allowed Year 3 4 Estimated Fuel index adjustment at June 2014 4.330 39.59% $79,433.83 Plus: Base Year CottX Index Change Reveme.adjustment for January 2015 rate revision > $25,240.66 $54,193.17 Less: Prior Fuel Cost applied to rate $280,074.98 Fuel Cost Allowed Year 4 5 Estimated Fuel index adjustment at June 2015 5.410 74.40% $149,277.02 Plus; Base Year Cost Index Change Revenue adjustment for January 2016 rate revision > $69,843.19 $79,433.83 Less: Prior Fuel Cost applied to rate $349,918.17 May be RESET during rate review process 6 Estimated Fuel index adjustment attune 20 4.870 57.00% $114,365.46 Plus: Base Year Cost X Index Change Revenue adjustment for January 2017 rate revision _ >1 ($34,511.56) $149,277.02 Less: Prior Fuel Cost applied to rate $315,006.61 Fuel Cost Allowed Year 6 Page 3 of 4 Ukiah Waste Solutions Curbside Agreement Adjustment Adjustment Index cost Cost/Rev Period Method Used Grou 1,2 Fuel Annual 100% of index change eia Ca #2 Diesel Retail all sellers P Base Rate as Adjusted Disposal - Solid Waste Time to Time Per TS (SWS) Agreement N/A Pass Through 1,2 Operations (all other costs) Annual 100% of index change CPI - US Cities CPI -U Base Rate as Adjusted 3 Recycle Reduction Annual Per Recycle Agreement Rec Market Value Grid - $5 base Operating Cost Reduction 1,2 Green Waste Disposal $30 / Ton Annual Up to CPI (Contractor Choice) CPI - US Cities CPI -U Base Rate as Adjusted 1,2,8 Food Waste Disposal (Comm) Up to $40 /ton Annual Up to CPI (Contractor Choice) CPI - US Cities CPI -U Base Rate as Adjusted 4 City Franchise Fee 15% Time to Time City Action N/A Pass Through 4 City Bill Fee 3% Time to Time City Action N/A Pass Through 4 City Oversight Fee $10,000.00 Time to Time City Action N/A Pass Through 4 City Landfill Closure Fee $60,000.00 Time to Time City Action N/A Pass Through 6,9 TOTAL NET COST Notes 1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to June change 3 Recycle Agreement with PRS renewable every 5 years with Base Market Value per mixed ton to provide for Rev sharing with City (reduction of operating costs). 4 Agreement should state initial rate, subject to change by City action S Exhibit of calculation to be made part of agreement 6 UWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Agreement must provide for City Flow Control with language that directs flow to contractor facilities when available. 8 FOOD WASTE - UWS will implement a pilot and or full commercial food waste program in place by June 2013 provided proper permits can be obtained Details still to be worked out. 9 Rate change is calced as follows: % annual adjustment X actual prior year (July to June) actual component cost = new funds needed / collection revenue adjustment per rate. New cost adj dollars (fuel, disposal, city fees etc..) need to be adjusted for city fees - CPI adj does not. RE -OPENER - the contract should have a mutual re -opener for other new items Page 4 of 4 EXHIBIT D AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE EXHIBIT D AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE THIS AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE (the "Agreement") is entered into as of _, 2011 ("Effective Date") by and between Pacific Recycling Solutions, Inc., a California corporation ("FRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"), with reference to the following: A. PRS owns and operates a green waste and wood waste processing facility located at 4260 North State Street, Ukiah, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS is party with the City of Ukiah to that certain Amended and Restated Transfer Station Agreement of even date herewith for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste (the "TS Agreement"), and UWS is party with the City of Ukiah to that certain Waste Collection Agreement of even date herewith for the collection and disposal of solid waste (the "Collection Agreement"). SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of approximately 10,000 tons annually of Materials at the Facility. In consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: 1. Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under the TS Agreement and the Collection Agreement, and delivered by SWS or UWS to the Facility, on the terms herein. 3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS and UWS, SWS and UWS shall each pay PRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 4 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. 4. Adjustment of Processing Rate: a. Adjustment based on CPI: PRS shall have the right, commencing on July 1, 2012 and annually thereafter, to increase the Processing Rate by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. b. Five year review: Every five years the parties shall review the gate fee to determine whether changes in the market for green and wood waste warrant an adjustment in the gate fee to account for changes in the cost of processing and the income produced from processed green and wood waste. 5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of the TS Agreement or the Collection Agreement, respectively, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall be entitled to terminate this Agreement in the event of the other parry's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (3 0) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection of non -conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non -conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS's right to reject such non -conforming Materials. SWS or UWS shall bear all costs associated with inspecting, testing and rejecting any non -conforming Materials. Each party agrees to comply with all laws applicable to such party in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: SWS and UWS shall deliver an aggregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. S. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. . 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the 2 prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 11. Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose the Processing Rate as may be reasonably requested or required by the City of Ukiah under the TS Agreement or the Collection Agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiaries: The City of Ukiah shall be deemed a third party beneficiary of this Agreement. IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above. PACIFIC RECYCLING SOLUTIONS, INC. Lo SOLID WASTES SYSTEMS, INC. UKIAH WASTE SOLUTIONS, INC. N EXHIBIT E INITIAL SERVICE RATES Rate chart attached. Ukiah Waste Solutions, Inc. NEW 2012 GARBAGE COLLECTION RATE ADJUSTMENTS SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES YEAR 2012 Effective Percentage Total Monthly Rate Per Service Level $ Current Adjusted 2012 Adjustment Adjustment Gallon /Yard Curbside Service $ 0.728 10 gallon can rate $ 6.80 $ 7.28 7.06% No Service $ 4.41 $ 4.72 7.03% $ 0.31 $ 0.472 10 gallon can rate $ 4.41 $ 4.72 7.03% $ 0.31 $ 0.472 20 gallon can rate $ 9.26 $ 9.92 7.13% $ 0.66 $ 0.496 32 gallon can rate $ 16.64 $ 17.82 7.09% $ 1.18 $ 0.557 68 gallon can rate $ 39.30 $ 42.10 7.12% $ 2.80 $ 0.619 95 gallon can rate $ 55.39 $ 59.33 7.11% $ 3.94 $ 0.625 Other combinations - rate per gallon $ 0.64 $ 0.69 7.14% $ 0.05 $ 0.690 Overstuffed can charge/Extra Stop $ 5.91 $ 6.33 7.12% $ 0.42 n/a 1 yard bin rate $ 110.07 $ 117.91 7.12% $ 7.84 $ 117.91 1.5 yard bin rate $ 130.08 $ 139.34 7.12% $ 9.26 $ 92.89 2 yard bin rate $ 173.44 $ 185.79 7.12% $ 12.35 $ 92.90 3 yard bin $ 260.16 $ 278.68 7.12% $ 18.52 $ 92.89 4 yard bin $ 346.88 $ 371.58 7.12% $ 24.70 $ 92.90 6 yard bin $ 520.32 $ 557.37 7.12% $ 37.05 $ 92.90 No Service $ 6.80 $ 7.28 7.06% $ 0.48 $ 0.728 10 gallon can rate $ 6.80 $ 7.28 7.06% $ 0.48 $ 0.728 20 gallon can rate $ 11.62 $ 12.45 7.14% $ 0.83 $ 0.623 32 gallon can rate $ 20.38 $ 21.83 7.11% $ 1.45 $ 0.682 68 gallon can rate $ 47.87 $ 51.28 7.12% $ 3.41 $ 0.754 95 gallon can rate $ 69.16 $ 74.08 7.11% $ 4.92 $ 0.780 Other combinations - rate per gallon $ 0.73 $ 0.78 7.14% $ 0.05 $ 0.780 Overstuffed can charge/Extra Stop $ 6.80 $ 7.28 7.06% $ 0.48 n/a Pack out service is limited to the elderly and disabled who apply directly through Ukiah Waste Solutions at 707-234-6400 Remote Area Service Add to the Packout Service rate. $ 6.80 S 7.28 7.06% $ 0.48 N/A In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed In this schedule. Ukiah Waste Solutions, Inc. 2012 Rate Schedule RESIDENTIAL/ COMMERCIAL New Rate 2012 includes tip fee 3.0 Yd 3day rental 96.41 15.0 Yd 7 day rental 218.46 Plus $78.70 per ton tip fee Residential Carts No Service 1-10 11-20 21-32 33-68 69-95 Gallons 218.46 2012 Rates Fee lx/WK 1x/WK 1x/WK Ix/WK lx/WK 284.46 Roadside 4.72 4.72 9.92 17.82 42.10 59.33 Replacement Key 11.38 Pack Out* 7.28 7.28 12.45 21.83 51.28 74.08 Roll Offer Sin Extra Day Charge Remote" 14.56 14.56 19.73 29.11 58.56 81.36 ' Pack Out service is limited to the elderly and disabled who apply directly through Ukiah WasteSolutlons @ 707-2346400. " The additional charges of Remote service may be required for certain areas with difficult access. Commercial Carts 2012 Rates 1-10 11-20 21-32 33.68 69-95 Gallon 1Can -1x/WK 4.91 10.28 18.50 43.72 61.62 1Can -2x/WK 41.12 97.33 136.96 1 Can -3x/WK 68.70 149.24 208.48 2Cans -1x/WK 41.12 97.33 136.96 Commercial / Residential Bins Yards Number of pick-ups per week Extra 2012 Rates 1x/WK 2x/WK 3x/WK 4x/WK Sx/WK 6x/WK Pick-up 1.0 117.91 n/a n/a n/a n/a n/a 27.23 1.5 139.34 278.68 418.02 557.36 696.70 836.04 32.18 2.0 185.79 371.58 557.37 743.16 928.95 1,114.74 42.91 3.0 278.68 557.36 836.04 1,114.72 1,393.40 1,672.08 64.36 4.0 371.58 743.16 1,114.74 1,486.32 1,857.90 2,229.48 85.82 6.0 557.37 1,114.74 1,672.11 2,229.48 2,786.85 3,344.22 128.72 Extra p/u calculated at 1/wk divided by 4.33 Clean -Up Bins and Boxes New Rate 2012 includes tip fee 3.0 Yd 3day rental 96.41 15.0 Yd 7 day rental 218.46 Plus $78.70 per ton tip fee 20.0 Yd 7 day rental 218.46 Plus $78.70 per ton tip fee 30.0 Yd 7 day rental 218.46 Plus $78.70 per ton tip fee Compactors 218.46 Plus $78.70 per ton tip fee Mise Charges New Rate 2012 Bulky Items (appliances, L8 Tires, Furniture etc..) 24.25 Plus tip fee Tires - each - (Automotive or motorcycle) 5.11 Damage Cart Replacement 66.00 Additional Green Waste orR/CCart 6.50 Extra Residential Pick-up 6.33 Extra Commercial Pick-up 11.82 Compactor Cleaning 284.46 Container Cleaning 102.41 Locking bin, one-time setup fee 32.43 Plus Materials Replacement Key 11.38 Contamination Fee 32.48 Returned Check Fee 35.00 Roll Offer Sin Extra Day Charge 11.82 Exchange Cart Size 24.36 Rate to collect and dispose of sludge will be equal to or less than the current rate, Customers billed by Ukiah Waste Solutions are billed as commercial customers. Customers billed by the City of Ukiah are billed as residential customers. ATTACHMENT AMENDED AND RESTATED TRANSFER STATION AGREEMENT TABLE OF CONTENTS Page Amended and Restated Transfer Station Agreement 1 1. Operating Rights 1 2. Definitions 2 3. Term 5 4. Operations 5 4.1 Receipt, Transfer and Disposal of Solid Waste 5 4.2 Buy -Back Recycling 6 4.3 Drop -Off Recycling 6 4.4 Household Hazardous Waste Recycling 6 4.5 Green Waste and Wood Waste 7 4.6 Food Waste 7 4.7 Reuse Facility 7 4.8 Unacceptable Waste Prohibited 7 4.9 Refusal of Waste 7 4.10 Title to Waste 7 4.11 Hours of Operation 8 4.12 Additional Services 8 4.13 Permits and Licenses 8 4.14 Applicable Law 8 5. Landfill Fee 8 i 6. Gate Rate and Other Service Fees 8 6.1 Establishment 8 6.2 Modification Based on Consumer Price Index, Fuel Index and Certain Pass Through Costs 8 6.3 Modification Based on Changes in Pass Through Costs 10 6.4 Modification Based on Extraordinary Items 11 6.5 Billing 11 7. Provisions Applicable to Equipment and Personnel 11 7.1 Equipment 11 7.2 Facility Maintenance 11 7.3 Transport of Materials 11 7.4 Staffing 12 7.5 Subcontractors 12 8. Records and Reports 12 9. Hold Harmless and Insurance 12 10. Remedies Upon Default 13 11. Assignment 15 12. City's Options to Purchase Site, Improvements and Equipment 15 12.1 City's Options to Purchase Site and Improvements 16 12.2 Prior Termination 16 13. Purchase or Lease of Site and Purchase of Improvements 16 13.1 Purchase of Site 16 11 13.2 Lease of Site 16 13.3 Purchase of Improvements 17 14. Waiver 17 15. Administration 17 16. Independent Contractor 17 17. Notices 17 18. Amendments 18 19. Successors and Assigns 18 20. Integration; Severability 18 Exhibit A — Agreement for the Receipt of Green and Wood Waste 20 Exhibit B — Strategic Waste Management Plan 21 Exhibit C - Legal Description of Transfer Station Site 22 Exhibit D — Rate Schedule 23 Exhibit E — Transfer Station Rate Calculation 24 Exhibit F — Transfer Station Lease 25 Exhibit G — Current Geographic Area Served By Transfer Station 26 iii AMENDED AND RESTATED TRANSFER STATION AGREEMENT This Amended and Restated Transfer Station Agreement (the "Agreement") is made as of November _, 2011 ("Effective Date") by and between the City of Ukiah, a municipal corporation (hereinafter "City"), Solid Wastes Systems, Inc., a California corporation (hereinafter "Contractor"), and Yulupa Investments, LLC, a California limited liability company ("Owner"), with reference to the following: WHEREAS, Owner currently owns and Contractor currently operates the Ukiah Valley Transfer Station located in Mendocino County pursuant to that certain Agreement dated November 20, 2001, as amended April 17, 2002 and the Consent to Sale [Transfer Station Contract], dated October _, 2007, collectively, the "Prior Agreement"; and WHEREAS, Ukiah Waste Solutions, Inc. ("UWS"), a California corporation and an affiliate of Contractor, collects all Solid Waste generated in City pursuant to that certain Waste Collection Agreement with City of even date herewith (the "Collection Agreement"); and WHEREAS, Contractor has proposed a capital -intensive, long-term Strategic Waste Management Plan (the "Strategic Plan"), including, but not limited to, Contractor financed capital projects, for City and the other customers Contractor and its affiliates serve that is designed to increase diversion of Solid Waste from landfills, reduce greenhouse gasses, convert waste into energy, and create new jobs; and WHEREAS, undertaking the Strategic Plan will require a long-term commitment of Contractor's staff, time and capital; and WHEREAS, the parties wish to continue to assure the health, safety and public welfare of City's residents and businesses by providing efficient services for recycling and the disposal of all Solid Waste generated in the City resulting in increased diversion pursuant to the terms of a long-term agreement that amends and restates the Prior Agreement; NOW, THEREFORE, in and for the mutual covenants herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: I. Operating Rights. 1.1 Contractor shall have the exclusive right to operate, and shall operate, the Transfer Station (as defined in Section 2 below) in accordance with the terms of this Agreement. Subject to any limits imposed by applicable law, all Solid Waste generated in City shall be delivered to the Transfer Station and Contractor shall be entitled to accept at the Transfer Station Solid Waste generated anywhere within Mendocino County. Contractor shall also have the right to accept at the Transfer Station Solid Waste generated outside of Mendocino County with City's prior written consent (which consent shall not be unreasonably withheld and may be granted by City's City Manager), provided that Contractor shall identify and keep records satisfactory to both California Department of Resources Recycling and Recover ("CalRecyle") and City, including the quantity and the jurisdiction of origin of such Solid Waste. Receipt and disposal of such solid waste shall be subject to all of the applicable provisions of this Agreement, including Contractor's obligation to indemnify and hold City harmless in any action related to the acceptance of out of County Solid Waste, and the payment, if levied, of a City host fee per ton. During the term of this Agreement, City shall not own, operate or authorize any facility that would compete with the Transfer Station or Contractor's operation thereof, nor shall City issue any request for proposal for the operation of the Transfer Station by any person other than Contractor except for any period after the expiration or termination of this Agreement in accordance with its terms. Correspondingly, Owner, Contractor and any Related Entity (as defined below) shall not accept at any facility owned or operated by them Solid Waste originating from any source generated in the areas of Mendocino County described at Exhibit G, which represents the Solid Waste, as of the November 1, 2011, that is received at the Transfer Station, unless such Solid Waste has first passed through and paid Gate fees at the Transfer Station. "Related Entity" means an entity in which Contractor or Owner, any of its shareholders, partners or members, or their spouses, are owners, members, partners, or over which Owner, Contractor, their shareholders, members or partners, or their spouses, otherwise exercise any ownership or control. 1.2 To the extent permitted by applicable law, City shall take such steps as may be reasonably necessary to protect Contractor's rights under this Agreement; provided, however, that City's obligation under this Section 1.2 is subject to Contractor's agreement, upon request of City, to reimburse City's reasonable expenses, including attorneys' fees and litigation expenses, incurred in taking steps as agreed upon herein; and, provided, further, that nothing herein shall prevent Company from taking any lawful action to protect its rights hereunder. 1.3 Except as expressly provided herein, this Agreement shall supercede the Prior Agreement as of the Effective Date set forth in Section 3 below, when the Prior Agreement shall cease to have any effect (except for periods prior to such Effective Date). 2. Definitions. 2.1 "Acceptable Waste" means all Solid Waste, except Recyclables, Food Waste, Green Waste, Wood Waste, Hazardous Waste, Household Hazardous Waste and Unacceptable Waste. 2.2 "CCC" means Cold Creek Compost, Inc. 2.3 "Change in Law" means the enactment, adoption, promulgation, issuance, modification, or written adoption or change in administrative or judicial interpretation on or after the Effective Date of, any law, regulation, rule, order, judgment, decree, permit, approval or other requirement of any governmental agency (including City) having jurisdiction over this Agreement or Contractor's performance hereunder. 2.4 "Construction Debris" means used or discarded construction materials generated during the construction or renovation of a building, structure or other man-made improvement. 2.5 "Demolition Debris" means used construction materials generated during the razing or renovation of a building, structure or other man-made improvement. 2.6 "Disposal' means the permanent placing of Solid Waste in a facility legally permitted to receive it. 2.7 "Disposal Costs" means Contractor's costs to Dispose of Solid Waste at a Disposal Facility, including all tipping fees and service fees paid by Contractor to any Disposal Facility for such Disposal. 2.8 "Disposal Facility" means any fully -permitted Subtitle D approved Solid Waste landfill, approved by City pursuant to Section 4.1 below, to which Contractor transports Acceptable Waste for Disposal (including, without limitation, any authorized transfer station for ultimate Disposal at such a 2 landfill). 2.9 "Food Waste" means food that is discarded (as from a Commercial or Residential Property kitchen). 2.10 "Franchise Fees" means the Landfill Fee payable to City pursuant to Section 5 below, and the MSWMA Fee payable to the Mendocino Solid Waste Management Agency ("MSWMA") (currently $5.00 per ton), including, in each case, any fees or charges adopted to replace or supplement such Fees. 2.11 "Franchised Waste Hauler" means any person that possesses a franchise, permit, license or contract from a public agency authorizing such person to collect and transport Solid Waste from generators of such Solid Waste in or subject to such agency's jurisdiction. 2.12 "Green Waste" means tree trimmings, grass cuttings, plants, leaves, branches and trees (not more than six (6) inches in diameter or more than four (4) feet in length) and similar materials. 2.13 "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the State of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations. 2.14 "Household Hazardous Waste" means Hazardous Waste that is generated at Residential Properties. 2.15 "Pass Through Costs" means Disposal Costs, Processing Costs and Regulatory Costs, as well as any increase above $10.00 per ton in the lease rate payable under the lease between City and Contractor (or Owner) for the Transfer Station Site and the Improvements attached hereto as Exhibit F. 2.16 "Processing" means the act of salvaging, reprocessing, marketing and selling or reusing Recyclables, Food Waste, Green Waste and Wood Waste for the purpose of -Recycling, whether directly or through one or more third parties, and shall include other means of diverting Solid Waste from landfills pursuant to the Strategic Plan. 2.17 "Processing Costs" means fees, if any, paid by Contractor to a Processing Facility for Processing Recyclables, Food Waste, Green Waste, Wood Waste and Solid Waste received at the Transfer Station. The amount paid by Contractor to PRS for Green Waste or Wood Waste delivered to the PRS Facility shall be as determined under that certain Agreement for the Receipt of Green and Wood Waste among PRS, UWS and SWS of even date herewith and attached hereto as Exhibit A. 2.18 "Processing Facility" means, with respect to Recyclables, the PRS Facility and/or any other authorized facility selected by Contractor and approved by City pursuant to Section 4.1 below, and, with respect to Food Waste, Green Waste and Wood Waste and subject to Section 4.5 below, the CCC facility (as defined in Section 4.5 below), the PRS Facility, any licensed biomass conversion facility, and/or any other authorized facility selected by Contractor and approved by City pursuant to Section 4.5 below. 2.19 "PRS" means Pacific Recycling Solutions, Inc. 2.20 "PRS Facility" means the materials recovery and green waste facility operated by PRS, 3 currently located at 4260 North State Street, Ukiah, California and/or 3501 Taylor Drive, Ukiah, California. 2.21 "Recyclables" means Solid Waste which may be Recycled, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including Food Waste, Green Waste and Wood Waste), electronic waste, wood, brick and stone in reusable size and condition, those items of Construction Debris and Demolition Debris which are described in Sections 2.4 and 2.5, appliances and automobile and light truck tires. 2.22 "Recycle" means the process of reusing or processing Solid Waste into a form suitable for reuse consistent with the requirements of the California Integrated Waste Management Act of 1989, as amended ("AB 939"). 2.23 "Regulatory Costs" means all regulatory and governmental fees and charges incurred by Contractor in connection with providing services under this Agreement, including, without limitation, Franchise Fees and host fees payable to City pursuant to Section 1.1 above. 2.24 'Segregated" means: 2.24.1 As to Recyclables other than Food Waste, Green Waste and Wood Waste, Recyclables that have been separated from Solid Waste that is not Recyclables and from Food Waste, Green Waste and Wood Waste prior to delivery to the Transfer Station, and that are saleable or acceptable for Processing without further sorting. (For example, cardboard and glass that have been separated by a Self Hauler from wet garbage is Segregated.) 2.24.2 As to any of Food Waste, Green Waste or Wood Waste, each of those types of waste that has been separated from Solid Waste that is not Recyclables and from each of Food Waste, Green Waste and Wood Waste, as applicable, prior to delivery to the Transfer Station, and that in each case are saleable or acceptable for Processing without further sorting. (For example, Food Waste that has been separated from all Solid Waste by whatever means, and Recyclables, including Green Waste and Wood Waste, is Segregated.) 2.25 "Self Haulers" means persons delivering Acceptable Waste, to the Transfer Station who are not Franchised, or otherwise legally permitted, Waste Haulers. 2.26 'Solid Waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, Food Waste, Green Waste, Wood Waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this Agreement Construction Debris, Demolition Debris and Recyclables, but excluding Hazardous Waste and Household Hazardous Waste. 2.27 "Strategic Waste Management Plan" means the plan attached hereto as Exhibit B which is incorporated herein by this reference or any revisions thereof approved by Company and City, 2.28 "Transfer Station" means the facility located on the Transfer Station Site. 2.29 "Transfer Station Site" means the real property commonly known as 3151 Taylor Drive, Ukiah, California, Mendocino County Assessor's Parcel No. 14-140-13, and which is depicted and 4 described on Exhibit C attached hereto and hereby incorporated herein. 2.30 "Unacceptable Waste" means the types of Solid Waste that may not be received at the Transfer Station unless authorized by the permits issued for the operation of the Transfer Station. 2.31 "Wood Waste" means unpainted and untreated lumber and boards separated from Solid Waste, including other Recyclables. 3. Term. Subject to earlier termination in accordance with the terms of this Agreement, the term of this Agreement shall commence on January 1, 2012 (the "Effective Date") and continue for a period of fifteen (15) years through December 31, 2026, provided that Contractor shall have one (1) option to extend this Agreement and the rights granted hereunder on the terms and conditions herein for a period of five (5) years commencing January 1, 2027 and ending December 31, 2031. Notice of Contractor's exercise of such option must be given at least six (6) months prior to December 31, 2026. The option to extend hereunder may not be exercised unless Contractor is in material compliance with the terms of this Agreement at the time of exercise and on December 31, 2026. It is the parties' intention that, subject to prior termination hereunder or thereunder, the term of this Agreement be coextensive with the term of the Collection Agreement. 4. Operations. Contractor shall provide the following operations at the Transfer Station: 4.1 . Receipt, Transfer and Disposal of Solid Waste. Contractor shall accept, for the per ton or per yard Rate for Municipal Solid Waste ("MSW"), set forth in Exhibit D attached hereto as adjusted under Section 6 below, Acceptable Waste delivered to the Transfer Station by Franchised Waste Haulers and Self Haulers, and shall transfer or transport such Acceptable Waste to a Disposal Facility or a Processing Facility, in accordance with the terms of this Agreement. The initial Disposal Facility shall be the Eastlake landfill, the initial Recyclables Processing Facility shall be the PRS Facility, and the initial Green and Wood Waste Processing Facility is described in Section 4.5 below. Any alternate or successor Disposal or Processing Facility to the initial Facilities approved or described in this Agreement shall be subject to City's approval as provided hereafter. 4.1.1 At least one year and three months before the expiration of the term of the disposal contract between Contractor and the existing Disposal Facility, Contractor shall begin the process of selecting a successor Disposal Facility (which may be the existing Disposal Facility), and at least seven months before such expiration, Contractor shall give City written notice identifying the proposed Disposal Facility, including its name and location, and the particulars of the disposal costs it recommends for the period of the new disposal agreement. Such notice shall include: (1) the anticipated tipping fee and other charges for Disposal at that Facility (2) a comparison of the disposal costs of the expiring disposal agreement to the new recommended disposal costs; (3) any impact the new recommended disposal costs will have on the Gate Fee (4) a justification statement, if the recommended disposal costs will increase by more than an annual CPI adjustment; (5) a list of Contractor explored disposal options not recommended, and (6) why the Contractor believes the recommended Disposal Option is best. Before giving such notice to City, Contractor has a duty under this Agreement to have vigorously explored all Disposal options reasonably available. The notice shall be accompanied by a copy of the proposed contract between Contractor and such Facility. Contractor shall also provide City with any additional information about such Disposal Facility reasonably requested by City. Contractor's use of the proposed Facility shall be subject to City's approval, which shall not be unreasonably withheld and may be given by City's City Manager. In acting on a request for approval, the City shall consider, among other things, whether the cost of using that Facility is reasonably consistent with the Strategic Plan and available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives; provided, however, that if the City Manager determines that another Disposal Facility reasonably available to Contractor will provide the same service at a lower cost, Contractor shall use that Facility. 4.1.2 Contractor shall provide City with written notice as soon as Contractor knows that it will use a Processing Facility instead of or in addition to PRS, the Scotia Facility (as defined below) or CCC. The notice shall provide the name and location of the proposed Facility, the anticipated gate fee and other charges for Processing at that Facility, and a copy of the proposed contract between Contractor and such Facility. Contractor shall also provide City with any additional information about such Processing Facility reasonably requested by City. Contractor's use of the proposed Processing Facility shall be subject to City's approval, which shall not be unreasonably withheld and may be given by City's City Manager. In acting on a request for approval, the City shall consider, among other things, whether the cost of using that Facility is reasonably consistent with the Strategic Plan, available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives, and otherwise qualifies as an Authorized Facility. 4.1.3 In the event that any Facility described above cannot accept Solid Waste, Recyclables, Green Waste, or Food Waste Generated in City on a temporary basis due to no fault of Contractor, or due to events beyond the control of Contractor, such as acts of God, public emergency, strike or lockout by employees of another entity unrelated to Contractor, Contractor shall locate and use an alternate Facility for the duration of such circumstance; provided, however, that City approval in accordance with this Section 4.1 shall be required if the Facility cannot accept the applicable materials for a period of time exceeding three (3) months. 4.2 Buy -Back Recycling. Contractor shall operate a certified Beverage Container Recycling Center at the Transfer Station that will provide redemption buy-back from the public in accordance with the rules of CalRecycle, and which is open to the public during regular business hours at least six days per week. 4.3 Drop -Off Recycling. Contractor shall accept at a designated area of the Transfer Station, at no charge, Segregated Recyclables (other than Food Waste, Green Waste, Wood Waste and the types of Recyclables listed on Exhibit D as bearing a charge), from Self Haulers, and shall transfer or transport such Recyclables for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall accept at a designated area of the Transfer Station, at the designated Recycling Rate set forth on Exhibit D as adjusted under Section 6 below, Segregated Recyclables of the types listed on Exhibit D as bearing a charge, from Self Haulers, and shall transfer or transport such Recyclables for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall be entitled to retain all revenue it receives from the sale of such Recyclables. Any residue from the Recyclables received at the Transfer Station that cannot be processed shall be disposed of at a Disposal Facility. City may designate an entity other than Contractor to remove refrigerant at no cost to Contractor. 4.4 Household Hazardous Waste Recycling. Contractor shall, at the applicable Rate set forth on Exhibit D as adjusted under Section 6 below, accept from Self Haulers who are residents of City, oil filters, used motor oil (up to five gallons per customer), antifreeze and automobile and boat batteries, and shall transfer or transport such items for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall be entitled to retain all revenue it receives from the sale of such items. Any residue from such items that cannot be Processed shall be disposed in accordance with all 6 legal requirements at a City approved facility fully licensed to accept such materials. 4.5 Green Waste and Wood Waste. Contractor shall accept at a designated area of the Transfer Station, at the applicable Green Waste Rates specified in Exhibit D as adjusted under Section 6 below, Segregated Green Waste and Segregated Wood Waste from Self Haulers, and shall transfer or transport all such Green Waste and Wood Waste to the Scotia biomass conversion facility (the "Scotia Facility") or a Processing Facility for Processing, in accordance with the terms of this Agreement; provided, however, that, notwithstanding any other provision in this Agreement, Contractor shall arrange for delivery of an average of 400 tons per calendar month, subject to seasonal adjustments affecting the amount of Green Waste available, of Green Waste (including Green Waste generated in City), un -ground but presorted, to the CCC facility so long as (a) CCC is licensed to accept Green Waste from City, (b) CCC is in full compliance with its license, (c) CCC is the only licensed composting facility in Mendocino County that is licensed to accept and is capable of accepting the full range of inputs accepted by CCC as of April 1, 2008, (d) CCC charges not more than $32.00 per ton for the first 200 tons of such Green Waste in the aggregate delivered per calendar month and no charge for any tons in excess of 200 delivered in such month, and (e) CCC continues to accept sheet rock from Contractor, UWS and PRS at no charge; and, provided, further, that Contractor's obligation shall be deemed satisfied by Green Waste arranged to be delivered by UWS to the CCC facility pursuant to Section 5.11(c) of the Collection Agreement. Any residue from the Green Waste or Wood Waste received at the Transfer Station that cannot be Processed shall be disposed of at a Disposal Facility. 4.6 Food Waste. Upon commencement of a food waste program under the Collection Agreement, Contractor shall accept at a designated area of the Transfer Station, at the applicable Food Waste Rates submitted to and approved by City, Segregated Food Waste, and shall transfer or transport all such Food Waste to a Processing Facility for Processing, in accordance with the terms of this Agreement. 4.7 Reuse Facility. Contractor shall provide a reuse area at the Transfer Station where Contractor shall make available for give-away or sale salvageable items such as doors, windows, furniture, appliances, toys and tools brought to the Transfer Station by Self Haulers. Contractor shall be entitled to retain all revenues from the sale of such items. 4.8 Unacceptable Waste Prohibited. Contractor shall not knowingly accept Unacceptable Waste at the Transfer Station, except for those recyclable Household Hazardous Wastes described in Section 4.4 above. Contractor shall continuously inspect customer vehicles and the tipping floor for Unacceptable Waste. Unacceptable Waste shall be refused and returned to the customer, unless the Unacceptable Waste is already dumped on the tipping floor and the vehicle of origin is unknown. Contractor shall accept title to any Unacceptable Waste received at the Transfer Station and not so returned, and shall safely segregate, contain, store and dispose of it in accordance with applicable law. 4.9 Refusal of Waste. When Contractor refuses Unacceptable Waste that is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that Waste. Written information on such disposal options will be kept available at all times in the scale house, and a log shall be maintained to detail such refusal of Waste acceptance. 4.10 Title to Waste. Contractor shall accept ownership and title to all Acceptable Waste, Recyclables, Food Waste, Green Waste and Wood Waste at the time of unloading of such materials at the 7 Transfer Station. 4.11 Hours of Operation. Contractor will receive Acceptable Waste, Recyclables, Food Waste, Green Waste and Wood Waste at the Transfer Station only between the hours of 8 a.m. and 4 p.m. on each Monday through Saturday throughout the year, except for the following holidays: New Year's Day, Memorial Day, July 40', Labor Day, Thanksgiving Day and Christmas Day; provided, however, that if New Year's Day, July 4h or Christmas Day falls on a Sunday, Contractor may with the consent of City's City Manager's observe the holiday on the Saturday before the holiday. Within this schedule, Contractor may specify different hours for Franchised Waste Haulers and Self Haulers. Such hours are subject to change in accordance with changes to Contractor's permits for the Transfer Station. 4.12 Additional Services. Contractor shall provide additional services upon request of City or upon the proposal of Contractor as approved by City subject, if the costs incurred by Contractor to provide such services increase, to the establishment by mutual written agreement of a reasonable service fee therefor. 4.13. Permits and Licenses. Contractor shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals required for Contractor to perform the services described herein, including, without limitation, an operating permit from the County of Mendocino. City shall cooperate with Contractor in connection with such permits, licenses and approvals, and shall renew all such permits, licenses and approvals issued by City, provided that Contractor is not in material breach of this Agreement and provided Contractor shall have fulfilled all requirements for the renewal of such permits, licenses and approvals. Contractor shall provide City's City Manager or his or her designee with copies of all permits or amendments or renewals thereof which are not issued by City. 4.14 Annlicable Law. Contractor shall perform all its obligations under this Agreement in accordance with all applicable laws, including, without limitation, the permits, licenses and approvals described in Section 4.12 above, and shall be solely liable for all fines and penalties that may be imposed on Contractor for violations thereof. S. Landfill Fee. Within forty-five (45) days after the end of each calendar month during the term of this Agreement, Contractor shall remit to City as a landfill fee a sum of money equal to Two Dollars ($2.00) per ton (or the equivalent amount for a cubic yard), or such other amount approved by City, of Acceptable Waste received by Contractor at the Transfer Station. If this fee is not paid on or before such forty-fifth day, a late payment fee in an amount equal to eighty-three one -hundredths of a percent (0.83%) of the amount owing per month will be charged for each thirty (30) day period the franchise fee remains unpaid. Each monthly remittance to City shall be accompanied by a statement detailing the Acceptable Waste received at the Transfer Station for the period covered. Gate Rate and Other Service Fees. 6.1 Establishment. Exhibit D sets forth the gate rate and other service fees for services provided by Contractor under this Agreement (collectively, the "Rates") effective as of the Effective Date. Such Rates shall be subject to review and revision as set forth in Sections 6.2, 6.3 and 6.4 below. Contractor shall not charge any amount in excess of the approved Rates for services required by or permitted under this Agreement. Costs. 6.2 Modification Based on Consumer Price Index, Fuel Index and Certain Pass Through R] (a) Per Ton MSW Rate. The per ton Municipal Solid Waste ("MSW") Rate shall be adjusted January 1 st every year, beginning January 1, 2013 ("Rate Adjustment Date") to reflect changes in the CPI, the Fuel Index and certain Pass Through Costs by an amount determined in accordance with the Transfer Station Rate Calculation attached hereto as Exhibit E (the "Calculation"). (b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following terms shall have the following meanings. (i) "Base Fuel Cost" means Contractor's actual costs for diesel and other fuels used in performing services under this Agreement for the year ended December 31, 2010, as adjusted, which is $152,533.47. (ii) "Base Revenue" means Contractor's total revenue received from Franchised Haulers and Self Haulers during the Comparison Year, excluding revenue from the sale of scrap metal, Recyclables purchased under the buy-back program, and compost. (iii) "Base Year" means the year ended June 30th one year prior to June 3O h of the Comparison Year. (iv) "Comparison Year" means the year ended June 30th immediately prior to the relevant Rate Adjustment Date. (v) "Contractor Rate" means the per ton MSW Rate minus the per ton Franchise Fees. (vi) "CPI" means the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics. (vii) "Disposal Fees — Garbage" means the actual Disposal Costs paid by Contractor for Solid Waste delivered by Contractor to the Disposal Facility during the Comparison Year. (viii) "Disposal Fees — Processing" means the actual Processing Costs paid by Contractor to CCC, PRS or any other Authorized Facility for Recyclables, Green Waste and Food waste delivered by Contractor to the CCC facility, the PRS Facility or such Authorized Facility, respectively, during the Comparison Year. (ix) "Fuel Costs" means Contractor's actual costs for diesel and other fuels used in performing services under this Agreement during the Comparison Year. (x) "Fuel Index" means the California No.2 Diesel Retail Sales by all Sellers (Dollars Per Gallon) published by the U. S. Energy Information Administration. (xi) "Operating Costs" means all of Contractor's costs to operate the Transfer Station under this Agreement, including, without limitation, labor costs, vehicle and vehicle -related costs, maintenance, insurance and transportation costs, but excluding Fuel Costs, Pass Through Costs and the costs of purchasing scrap metal, Recyclables purchased under the buy-back program, and compost (including sales taxes). (c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following rules shall apply. (i) "CPI Change" shall be calculated as one hundred percent (100%) ofthe percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (ii) "Fuel Index Change" shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the Fuel Index from June of the Base Year through June of the Comparison Year; provided, however, that, notwithstanding Section 6.2(b)(iii) above, "Base Year" for purposes of the Fuel Index Change shall mean the year ended June 30, 2010; and, provided, further, that the Fuel Index Change adjustment (i.e., Fuel Index Change multiplied by Base Fuel Cost) for any Rate Adjustment Date shall be calculated after removal of such adjustment for the prior Rate Adjustment Date. (iii) The Adjustments for destination charges and Disposal Fees with respect 9 to the use of the Eastlake landfill that appear in the Calculation are not recurring. (iv) Rate adjustments for changes in Franchise Fees that take effect on a date other than January 15f, as well as changes in other Pass Through Costs, will be determined under Section 6.3 below and not under this Section 6.2. (v) If City elects to purchase the Transfer Station Site and the Improvements on December 31, 2016 pursuant to Section 12 below, the cost entitled "Construction/Lease $2.36/ton" in the Calculation will be increased annually commencing January 1, 2018 by one hundred percent (100%) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (vii) As set forth in the Calculation, each adjustment in the per ton MSW Rate pursuant to this Section 6.2 shall equal the percentage adjustment in the Contractor Rate plus the per ton Franchise Fees. (d) Per Yard MSW and Minimum MSW Rates. Each of the per yard MSW Rate, minimum MSW Rate and per can MSW Rate shall be adjusted January 1 st every year (beginning January 1, 2013), as follows: the per yard MSW Rate shall equal 24.05% of the Contractor Rate, plus the per ton Franchise Fees divided by 5.54; the minimum MSW Rate shall equal the per yard MSW Rate divided by two (2); and the per can MSW Rate shall equal the minimum MSW Rate divided by three (3). All rates in this Section 6.2(d) shall be rounded to the nearest five cents. (e) All Other Rates. Each of the Rates set forth on Exhibit D other than the MSW Rates shall be adjusted January 1st every year (beginning January 1, 2013) by an amount equal to the percentage increase or decrease, if any, in the Contractor Rate (i.e., determined before adjusting for Franchise Fees) . All rates in this Section 6.2(e) shall be rounded to the nearest five cents. (f) Procedure. The procedure for Rate adjustments under this Section 6.2 shall be as follows: (i) Not later than August 15th of each year, Contractor shall file with the City Manager a written notice of intention to adjust each of the then current Rates effective as of January 1st of the next year in accordance with Section 6.2(a) through (e) above. (ii) Within sixty (60) days of the filing of the notice of intention, the City Manager shall review the notice and either confirm that the proposed Rates are within the limit of Section 6.2 above or establish by mutual agreement with Contractor any necessary changes to the proposed Rates to make such confirmation. (iii) Upon confirmation of the Rates, the City Manager shall promptly inform the City Council in writing of the new Rates determined in accordance with this Section 6.2, with any new Rates to become effective on the following January 1 st. (iv) In the event that the CPI or the Fuel Index described in Section 6.2 above shall be discontinued or materially modified during the term of this Agreement, the parties shall together select a replacement index and/or otherwise change Section 6.2 above so as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of either index described in Section 6.2 as in effect on the date hereof. 6.3 Modification Based on Changes in Pass Through Costs. In addition to adjustments under Section 6.2 above, each Rate shall be adjusted to reflect changes in Pass Through Costs that are not the subject of Rate adjustments pursuant to Section 6.2 above, as follows. Using the section of the Calculation entitled "Revenue Base," each Rate shall be increased by an amount equal to the increase in applicable Pass Through Costs, and decreased by an amount equal to the decrease in applicable Pass Through Costs, in each case so as to cause such Rate to compensate for such change in Pass Through Costs as of the date such change becomes effective and either payable by or a benefit to Contractor, and taking into account the increase or decrease in Franchise Fees payable in respect of such change. Changes in Pass Through Costs resulting from a change in Disposal Facilities or Processing Facilities 10 shall cause an increase in Rates as provided herein only if Contractor has complied with Sections 4. 1.1 and 4.1.2 and City has approved the successor or alternate Facilities in accordance with such Sections. 6.4 Modification Based on Extraordina , Items. tems. In addition to adjustments under Sections 6.2 and 6.3 above, Contractor may request an increase in the Rates if Contractor's costs increase or its revenues decrease solely as the result of extraordinary circumstances beyond its control that could not have been reasonably anticipated by Contractor (such as a Change in Law) and if the increase in costs or decrease in revenues unavoidably adversely affects Contractor's opportunity to operate at a reasonable profit. Contractor shall have the burden of producing evidence reasonably satisfactory to City demonstrating its need for a rate increase. The City Council shall consider the request pursuant to the notice and public hearing procedures in Ukiah City Code, Division 4, Chapter 6, Article 1, commencing with Section 3950. 6.5 Billing. Contractor shall charge and collect from all customers at the Transfer Station upon receipt of materials, or bill such customers, for all services hereunder. Interest of one percent (1%) per month or the highest rate permitted under applicable law, whichever is less, shall be applied to any past due amounts until paid in full. Amounts shall be past due if not paid within thirty (30) days of billing. Contractor shall have the right to refuse service to any customer that is more than sixty (60) days delinquent on his, her or its account. 7. Provisions Applicable to Eauipment and Personnel. 7.1 Equipment. Contractor shall provide all equipment necessary to perform the services described in the Agreement, sufficient in number and capacity to efficiently perform the work required by this Agreement. All equipment used at the Transfer Station shall be maintained in good working condition and be suitable for use at the facility without causing unreasonable wear and tear or damage to the improvements constructed on the Site. The equipment shall comply with all applicable legal requirements. Contractor shall keep the outside of the truck bodies free from dirt and filth, and shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to prevent refuse from falling into public streets or places. Contractor shall keep all trucks freshly painted in a uniform manner, and the firm name or logo, telephone number, and truck number of each truck shall appear in a conspicuous manner. Contractor shall keep all equipment in good maintenance and repair, regularly inspect same, and keep accurate records of all maintenance. 7.2 Facility Maintenance. Contractor shall maintain the Site and the tipping floor in an orderly condition with proper signage to direct users to the appropriate locations on the Site to conduct their business. All refuse deposited on the tipping floor shall be removed within 24 hours of its deposit. Contractor shall employ reasonable measures to control noise, odors, litter and other nuisance conditions. Contractor will be responsible for all repair, maintenance and replacement of the Transfer Station in order to keep it in sound working order, including, without limitation, the tipping floor surface, driveways, gates, fences, electrical distribution systems, ventilation and heating, fire sprinklers, floor drains, walls, doors, roof, restrooms, fixed equipment and landscaping. Contractor will keep the tipping floor free of major cracks, holes and breaks, and will keep any tractor not equipped with rubber tires or tracks from coming in contact with the tipping floor or driveways. All repairs made by Contractor will be with an identical article or material or an equal approved by City. 7.3 Transport of Materials. Contractor shall not allow Solid Waste, Recyclables, Green Waste or Wood Waste to blow or fall from any vehicle used for transportation. Contractor shall clean up any and all spills, including oil and debris on the streets, resulting from its operations. Should Contractor 11 fail to promptly clean up such spills resulting from its operations after notice from City, Contractor shall be liable to City for all reasonable costs incurred by City in doing so. 7.4 Staffing. Contractor shall employ sufficient staff to provide service in a safe manner at the Transfer Station, and to meet its obligations under this Agreement, including, without limitation, a Transfer Station Manager. All personnel shall be qualified to perform their assigned tasks and will possess the required licenses, permits or training for the tasks they perform. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment at or in connection with the operation of the Transfer Station. Contractor shall use its best efforts to assure that all employees present a neat appearance, conduct themselves in a courteous manner, and perform the work as quietly as possible. 7.5 Subcontractors. Contractor shall not subcontract any of the services under this Agreement without the prior written consent of City. Records and Reports. 8.1 Contractor shall keep and maintain accurate books and records clearly showing its revenues and expenses in connection with the operations provided for in this Agreement. Contractor will also keep and preserve records of all loads of Acceptable Waste, Recyclables, Food Waste, Green Waste, Wood Waste and Household Hazardous Waste received at the Transfer Station, and will report to City every three (3) months during the term hereof the total quantities and payments received. Contractor shall provide written notice to City of the location of its records and any change in the location. 8.2 City's designated representative shall be allowed access to the Transfer Station Site at all times when the Transfer Station is open, and upon prior written notice to Contractor shall be allowed to inspect and copy any and all records of Contractor containing information about the operation of the Transfer Station for purposes of audit or to verify the recordkeeping procedures of Contractor. City's designated representative shall also be allowed access to the Site during non-operating hours upon prior written notice to the Transfer Station Manager. Contractor shall fully cooperate with City in reviewing or investigating information in Contractor's records or pertaining to Transfer Station operations. Hold Harmless and Insurance. 9.1 Contractor shall indemnify and hold harmless City, its City Council, boards, commissions, officers, agents, representatives and employees from any and all actions, claims or damages brought for or on account of injuries to or death of any person or damage to property of all kinds resulting from or arising out of the operations of Contractor, its officers, agents, employees or servants pursuant to this Agreement. The duty of Contractor to indemnify and hold harmless shall include the duty to defend as set forth in California Civil Code Section 2778. 9.2 Contractor shall have in effect during the term of this Agreement, workers' compensation and employer liability insurance providing full statutory coverage. 9.3 Contractor shall take out and maintain during the term of this Agreement, liability insurance for the following types and minimum amounts: (a) General liability, including comprehensive form, premises operations, products/completed operations, hazard, contractual insurance, broad form property damage, independent 12 contractors and personal liability, with limits for bodily and property damage combined of $500,000 each occurrence and $500,000 aggregate. (b) Automobile liability, including comprehensive form, owned, hired and non -owned, with a limit of $1,000,000 for bodily injury and property damage combined. (c) Excess liability, umbrella form, with a limit for bodily injury and property damage combined of $5,000,000 each occurrence and $5,000,000 aggregate. (d) Pollution and remediation liability with limits in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate insuring against loss, the cost of remediation and legal defense as a result of pollution conditions arising out of the collision, upset or overturn of Company vehicles in conjunction with this Agreement. (e) Broad form fire insurance approved by City, jointly in the names of Contractor and City, covering not less than the full replacement cost of all improvements on the Transfer Station Site. In the event of damage to any portion of the Transfer Station, Contractor shall rebuild, repair or otherwise reinstate the damaged improvements in good and substantial manner, with such reconstruction to commence within ninety (90) days after the damage occurs. Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -I for short-term credit rating. Insurance certificates evidencing the required coverage shall be filed with City and shall be subject to approval by the City Attorney. City, its City Council, boards, commissions, officers, agents and employees shall be named as additional insureds on any such policies of insurance which shall also contain a provision that the insurance afforded thereby shall be primary. No such policy shall be cancelled or modified except upon thirty (3 0) days' prior written notice to City. 9.4 Contractor shall post a $250,000 performance bond or financial instrument reasonably acceptable to the City Manager as security for Contractor's faithful performance of each and every term, covenant and condition of this Agreement to be performed by Contractor, provided that the cost of such bond or other instrument shall be included in the Operating Cost Component. 10. Remedies upon Default. 10.1 Contractor shall be deemed in default of this Agreement in the event Contractor defaults in the performance of any of the duties to be performed by it under the terms of this Agreement and fails to cure the breach as further provided in this Section 10.1. City shall give Contractor written notice, either by mail or by personal service, setting forth the default. Contractor shall correct such default within thirty (30) days after service of such notice (within seven (7) days if City determines that the public health or safety is at risk) unless the default cannot, by its nature, be cured within said period, in which case the cure period shall be extended for such additional time as is reasonably necessary to effect a cure, provided that Contractor shall commence efforts to effect a cure as soon as practicable and shall diligently pursue the cure.. If Company commits three or more breaches of material provisions of this Agreement within an eighteen (18) month period, whether cured or not, the Company shall be deemed to have committed "Multiple Breaches." 10.2 In the event Contractor's default described in Section 10.1 is of a material provision of this Agreement and is not cured as set forth in Section 10. 1, or if Contractor has committed Multiple Breaches (defined to mean three or more defaults of material provisions of this Agreement within an eighteen (18) month period, whether cured or not) ("Material Default"), City shall have the following remedies: 13 10.2.1 Liquidated Damages. The parties acknowledge that City will incur damages as a result of a Material Default, and that such Material Default may not warrant termination of this Agreement. The parties agree that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a Material Default. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. Liquidated damages shall be City's exclusive damages remedy for any individual Material Default which does not result in termination of this Agreement by City. The amount of liquidated damages is $1,000 for each day the Material Default continues after Contractor fails to cure until it is either cured or City terminates this Agreement. 10.2.2 Franchise Termination. Without further notice and without suit or other proceedings, City may cancel and annul the rights and privileges of this Agreement upon a Material Default. Nothing in this Section shall prohibit the parties from meeting to discuss ways to resolve the issue. In the event of termination of this Agreement for Material Default, City shall have the right forthwith to grant a franchise to another person or to take possession of the trucks and other equipment of Contractor used to perform work under this Agreement. City shall have the right to retain possession of the trucks and other equipment for up to one (1) years after such termination and City shall pay Contractor the reasonable rental value of such trucks and other equipment, and keep them in good maintenance and repair, during the time the same are used by City. City shall also have access to Contractor's records for the purpose of billing customers during the period City is providing the services described in this Agreement, and shall retain all fees collected for such services. Upon termination of this Agreement for any reason, Contractor shall have the obligation to sell to City and City shall have the option to purchase the equipment used by Contractor to perform its obligations under this Agreement in operating the Transfer Station and transporting Solid Waste to Disposal and Processing Facilities and other markets (the "equipment"). Such option shall be exercised by written notice to Contractor at least six (6) months prior to the termination date, unless the Agreement is terminated based on a Material Breach, in which event notice of the election must be given within sixty (60) days after the termination date. The purchase price that City shall pay Contractor for the equipment shall be its cost less depreciation to the date of purchase calculated on a straight-line basis over its estimated useful life as shown on the books of Contractor. 10.2.3 Other Remedies. Upon termination of this Agreement based on a Material Default, City shall have all other remedies in law or equity for such Material Default. 10.3 If a dispute arises between City and Contractor regarding fees or any other term or provision of this Agreement, the parties agree to meet and confer in good faith to resolve the dispute. Either party may request to meet and confer by written notice to the other party. Alternatively, the parties may agree to participate in non-binding mediation. If the dispute is not resolved within thirty (30) days 14 after the written request to meet and confer has been given or after the parties have agreed to non-binding mediation, the matter, other than an action seeking specific performance or other equitable relief, damages of Twenty Five Thousand Dollars ($25,000) or less, or indemnification or insurance coverage pursuant to Section 9, shall be submitted to non-binding arbitration in accordance with Title 9 of the California Code of Civil Procedure, commencing with Section 1280, before a single neutral arbitrator ("Arbitrator") in the Mendocino County. The Arbitrator shall be an attorney with at least ten (10) years experience or a retired judge (or a person having comparable qualifications) and shall be mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the superior court in accordance with Cal. Code Civ. Proc. § 1281.6. The fees and expenses of the Arbitrator shall be borne equally by the parties. In the event such non-binding arbitration does not resolve the matter and in any other dispute that results in any court action, the parties waive any right to a jury trial and agree that any such action shall be filed in the federal or state courts in and for Mendocino County, each party hereby consenting to the jurisdiction of and venue in such courts, the matter shall be governed by the internal laws of the State of California (irrespective of choice of law principles), and the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in such action from the non -prevailing party. 10.4 If Contractor shall at any time during the term of this Agreement or any extension thereof, become insolvent, or if proceedings in bankruptcy shall be instituted by or against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any Court, or if a receiver or trustee in bankruptcy or a receiver of any property by Contractor shall be appointed in any suit or proceeding brought by or against Contractor, or if Contractor shall make an assignment for the benefit of creditors, then and in each and every such case, and provided that such proceedings, adjudication, appointment or assignment, as the case may be, continue in effect for ninety (90) days without being vacated, removed or withdrawn, this Agreement shall immediately cease and come to an end, and the rights and privileges granted shall immediately be cancelled and annulled without notice or action required on behalf of City. 10.5 Notwithstanding any other provision herein, no default, delay or failure to perform on the part of either party shall be considered a breach hereunder if such default, delay or failure to perform is due to causes beyond such party's control, including, but not limited to, riots, civil disturbances, actions or inactions of governmental authorities, epidemic, war, embargoes, severe weather, fire, earthquake, acts of God, defaults by the other party or defaults by carriers. In the event of any such default, delay or failure to perform, any dates or times by which the affected party otherwise is scheduled to perform shall be extended for a period of time equal in duration to the additional time required because of the excused default, delay or failure to perform. 11. Assignment. Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of this Agreement without the prior written consent of City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this Section. Any action requiring City Council approval under this Section that occurs without such approval shall give City the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. For purposes of this Section, any transaction involving the transfer, sale or exchange of stock which results in a change in majority control of Contractor from its owners as of the date hereof (excluding transfers between such owners and transfers by any such owners to revocable living trusts for the benefit of their families) shall be an assignment subject to City review and approval. 12. City's Options to Purchase Site, Improvements and Equipment. 15 12.1 City's Options to Purchase Site and Improvements. On December 31, 2016, Owner and Contractor shall have the obligation to sell and the City shall have the option to purchase from Owner both the Transfer Station Site and all the improvements on the Transfer Station Site (the "Improvements") for an aggregate purchase price of One Dollar ($1.00). City shall be deemed to have exercised its option to purchase the Transfer Station Site and the Improvements, unless it has given Contractor written notice prior to December 31, 2016 that it has elected not to exercise the option. Title shall transfer to City within thirty (3 0) days after December 31, 2016. The purchase shall be on a then "as -is" basis, and otherwise on commercially reasonable terms then applicable to the purchase and sale of real property, except that Owner shall indemnify City against any cost or liability arising from hazardous or toxic waste contamination on the Transfer Station Site which occurred before escrow closes on City's purchase of the Transfer Station Site. At closing, Owner shall convey to City clear, unencumbered fee title to the Transfer Station Site and City shall enter into a lease for the Transfer Station Site and the Improvements with either Owner or Contractor (as they shall decide) in the form attached hereto as Exhibit F. Owner or Contractor's failure to co-operate in City's purchase of the Transfer Station Site and Improvements shall be a Material Default. 12.2 Prior Termination. If this Agreement is terminated before December 31, 2016 for any reason, City shall have the option to do all, but not part, of the following: (a) purchase or lease from Owner the Transfer Station Site pursuant to Sections 13.1. or 13.2, (b) purchase from Owner the Improvements pursuant to Section 13.3, and (c) purchase from Contractor all the Equipment pursuant to Section 10.2.2. City's option under this Section 12.2 shall be exercised by written notice to Owner and Contractor given within sixty (60) days before the termination date, unless the Agreement is terminated based on a Material Breach, in which event notice of the election must be given within sixty (60) days after the termination date. 13. Purchase or Lease of Site and Purchase of Improvements. 13.1 Purchase of Site. If City elects to purchase the Transfer Station Site in accordance with Section 12.2 above, Owner shall sell City the Transfer Station Site for a purchase price equal to the lesser of (a) $487,000 increased by the percentage increase in the CPI between November 7, 2001 and the date of termination of this Agreement, or (b) the then actual fair market value of the Transfer Station Site; provided, however, that the purchase price shall be One Dollar ($1.00) if the closing of the purchase occurs after September 30, 2016. The purchase shall be on a then "as -is" basis, and otherwise on commercially reasonable terms then applicable to the purchase and sale of real property, except that Owner shall indemnify City against any cost or liability arising from hazardous or toxic waste contamination on the Transfer Station Site which occurred before escrow closes on City's purchase of the Transfer Station Site. At closing, Owner shall convey to City clear, unencumbered fee title to the Transfer Station Site. 13.2 Lease of Site. If City elects to lease the Transfer Station Site in accordance with Section 12.2 above, City's lease shall commence on January 1, 2017 or thirty (30) days after the notice of exercise in the case of termination for Material Default, and expire ten (10) years thereafter. Rent under the lease shall equal the then fair market lease value of the Transfer Station Site (excluding any value attributable to the Improvements) and the lease shall otherwise be on commercially reasonable terms then applicable to the ground lease of real property. If City and Owner are unable to agree on the fair market lease value, they shall select and share the cost of an appraiser to determine such value. If they cannot agree on a single appraiser, each may obtain an appraisal of such value from a qualified appraiser of its choice. If the separate appraisals are within ten percent (10%) of each other, fair market lease value shall be the 16 average of the two appraisals. If the appraisals differ by more than ten percent (10%), the two appraisers shall select a third appraiser to review the appraisal reports and determine which report represents the fairest appraisal. The appraisal selected by the third appraiser shall constitute the fair market lease value of the Transfer Station Site. The parties shall each bear the expense of their separately selected appraisers and share equally the cost of the third appraiser. 13.3 Purchase of Improvements. If City elects to purchase the Improvements in accordance with Section 12.2 above, the purchase price that City shall pay Owner for the Improvements shall be One Dollar ($1.00) 14. Waiver. The waiver by any party of any breach or violation of any term or condition of this Agreement or of any provision of law by the other party must be in writing signed by the party to be charged, and shall not be deemed to be a waiver of the term, condition or provision of law, or of any subsequent breach or violation of the same or any other term, condition or provision of law. The acceptance by City of any franchise fee or other fee or other monies which may become due hereunder to City shall not be deemed to be a waiver of any preceding breach or violation by Contractor. 15. Administration. The administration and enforcement of this Agreement shall be the responsibility of the City Manager or a designated representative of that office. This section is not intended to indicate or suggest the City Manager has the authority to grant, amend, or revoke the rights referenced herein or to prevent the City Manager from seeking approval from the City Council for any decision the City Manager is required or authorized to make hereunder. 16. Independent Contractor. Contractor, its employees and agents are independent contractors and not employees or agents of City. 17. Notices. Whenever notice or a document is required or permitted to be served or given hereunder, it shall be deemed given or served, when received if delivered by fax or email (with acknowledgment of receipt), certified U.S. Mail, overnight courier, such as UPS or Federal Express, or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such document or notice shall be addressed as follows: City: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 FAX: Email: Contractor: Solid Wastes Systems, Inc. Attn: David M. Carroll, President P. O. Box 60 Ukiah, California 95482 FAX: Email: Owner: Yulupa Investments, LLC 17 Attn: David M. Carroll, President P. O. Box 60 Ukiah, California 95482 FAX: Email: or to such other person or address as may be specified from time to time in writing by any party in accordance with this Section. 18. Amendments. This Agreement may be amended from time to time only by written agreement between the parties signed by an authorized representative of each party. Any party may at any time request that the service or other provisions in this Agreement be modified by delivering written notice of its requested modifications to the other parties. Within thirty (30) days after receipt of any such request, the parties shall meet and negotiate in good faith on adopting such requested modifications, including, without limitation, any change to the Rates necessitated by such modifications, provided that nothing, herein shall obligate any party to agree on any such requested modifications. 19. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the permitted successors and assigns of the parties. 20. Integration; Severability. This Agreement, including the Exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties, whether written or oral, relating to such subject matter, including the Prior Agreement. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement and the application of such provision to other persons or circumstances shall remain in effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Solid Wastes Systems, Inc. By: President Yulupa Investments, LLC By: President City of Ukiah By: 18 City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 19 EXHIBIT A AGREEMENT FOR THE RECEIPT OF GREEN AND WOOD WASTE 20 EXIIIBIT A AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE THIS AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE (the "Agreement") is entered into as of 2011 ("Effective Date") by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"), with reference to the following: A. PRS owns and operates a green waste and wood waste processing facility located at 4260 North State Street, Ukiah, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS is party with the City of Ukiah to that certain Amended and Restated Transfer Station Agreement of even date herewith for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste (the "TS Agreement"), and UWS is party with the City of Ukiah to that certain Waste Collection Agreement of even date herewith for the collection and disposal of solid waste (the "Collection Agreement"). SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of approximately 10,000 tons annually of Materials at the Facility. In consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under the TS Agreement and the Collection Agreement, and delivered by SWS or UWS to the Facility, on the terms herein. 3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS and UWS, SWS and UWS shall each pay FRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 4 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. 4. Adjustment of Processing Rate: a. Adjustment based on CPI: PRS shall have the right, commencing on July 1, 2012 and annually thereafter, to increase the Processing Rate by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. b. Five year review: Every five years the parties shall review the gate fee to determine whether changes in the market for green and wood waste warrant an adjustment in the gate fee to account for changes in the cost of processing and the income produced from processed green and wood waste. 5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of the TS Agreement or the Collection Agreement, respectively, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection of non -conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non -conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS's right to reject such non -conforming Materials. SWS or UWS shall bear all costs associated with inspecting, testing and rejecting any non -conforming Materials. Each party agrees to comply with all laws applicable to such party in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: SWS and UWS shall deliver an aggregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 2 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 11. Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose the Processing Rate as may be reasonably requested or required by the City of Ukiah under the TS Agreement or the Collection Agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiaries: The City of Ukiah shall be deemed a third party beneficiary of this Agreement. IN WITNESS WHEREOF, this Agreement is entered into as of the date first set forth above. PACIFIC RECYCLING SOLUTIONS, INC. SOLID WASTES SYSTEMS, INC. am UKIAH WASTE SOLUTIONS, INC. L-05 EXIMIT B STRATEGIC WASTE MANAGEMENT PLAN The Next Generation of Waste Management 4 in Mendocino Lakean, Counties Strategic Waste Management Plan C&S W'D - Soiutions of California P.O. Box 60 Ukiah, Ca 95482 Ocito be r 1 5 2 0 -10 Introduction & Purpose of the P � This plan presents our concepts for next generation solid waste management programs that are locally appropriate These new programs supplement, not replace, our existing recycling programs � C&S will investigate each program fully and report back � Programs requiring a rate increase would require approval of the. jurisdiction(s) Some may turn out to be feasible, others not Plan Overview The Plan is described in the following sections: � Section 1. Executive summary and plan overview a Section 2. Proposed new programs and activities � Section -3. Benefits of plan implementation s rhe' flaF!C � This Plan outlines a long-term, comprehensive, solid waste management strategy � It addresses all aspects of the municipal solid waste stream a It offers innovative systems and processes to recover andmanage those materials: and identifies the benefits from doing so � It also identifies and provides new solid waste management services for the communities served by C&S LUF of� P r .Objective.. the � Our objectives in developing this Plan include: Minimizing landfilling of collected municipal solid waste (MSW) .Maximizing. energy and resource recovery o Reducing greenhouse gas production - o Creating jobs o Being practical and affordable Allowing phased implementation as -projects and programs become viable E�I.elments O�f the Plan � The plan includes the following new programs.: as Food waste collection and conversion . New Resource Recovery Facility to process MSW from Ukiah Valley and Lake County/Clearlake 3. Localized landfill disposal 4. Waste to energy These programs supplement, not replace our existing diversion programs Some may be feasible, others not They could be implemented on a phased basis, and not necessarily in this order it Benef s. of the Plan The new, programs have the potential to: Divert MSW - over 90% of the area's MSW (40,000 tons) could be diverted from landfill each year - Produce Green Energy - 2,500 Kilowatts of clean, renewable energy -enough to power over 3,600 homes Provide Jobs - over 80 temporary and 25 on-going new sgreen „ jobs Eliminate Greenhouse Gas Remove approximately 65,000 tons per year of greenhouse gases, equivalent to taking 1 3,000 cars .off the road or planting 14,000 acres of pine forest annually Sectlion Proposed New'Programs- o Food waste collection and conversion 2. New Resource Recovery Facility to process MSW from Ukiah Valley and Lake County/Clearlake 3. Localizing landfill disposal 4. MSW energy .conversion Food waste is the largest component of our waste stream (18 to 22%) Approximately 75% of food waste is from commercial sources (restaurants, commercial kitchens) � Initial activities include: Food Waste Conversion System Feasibility Study • In -vessel aerobic composting pilot program, and • Anaerobic digestion/fuel cell project Demonstration food waste collection program. Implement full-scale collection and diversion programs based on results rom *aar au W Taxtfts 896 �taat�� Ru6gprarid T296 L9a4her ¢9b emu M raa�a►s Ont! V S 9 ��- Leading edge technology Fully. contained system that minimizes odor, air, and water quality issues Produces a high quality compost Possible to start small and increase capacity in a modular fashion Feed stocks include food waste, green waste and other locally available organic materials 10 �,F Food Waste, fats, oils, grease and other organic materials can produce Bogas Fuel Fuel cells provide 50% more power from the same amount of fuel in a conventional power plant No pollution emissions Project. could be stand-alone or consolidated. with wastewater treatment bio -solids digestion � Significant grant funding available to offset costs Construct and operate Resource Recovery Facility Consolidate Ukiah. .Valley and Lake County/Clearlake waste � Locate at C&S's transfer station in Lakeport � Recovered recyclable materials shipped to Pacific Recycling Solution's facility in Ukiah for processing and shipment to markets Post-RRF residue would be landfilled Eastlake Ukiah (if reopened) _ , 2 0 D2-�� 16 BOA"' � Continue using for all Lake County MSW Add Ukiah MSW on a multi-year contract Provides significant funding for Lake County at no additional cost to Ukiah customers Provides long term disposal for Ukiah, with flexibility to incorporate future opportunities °" 14 Investigate reopening Ukiah landfill � Different use options would be considered o Inerts only Control inbound volumes to significantly extend landfill life o Post.-RRF residues o All Ukiah area waste. o Lake County MSW to preserve Eastlake capacity Non-processibie wastes from the Ukiah Transfer Station saves hauling to a distant site Some post-RRF residue could also be delivered Advantages: • Postpone closure 20+ years to avoid short-term financial Challenge. • Reduces cost of transportation Lowers greenhouse gas emissions • Provides local. jobs .� 16 S+'aL-iFakiA 4A W Energy Pro 9 ram7r-T aste to WTE) MSW remaining after food waste and RRF programs are in place still has significant energy value C&S Will investigate feasibility of converting this remaining MSW into energy Recycling, composting, and digestion/fuel cell programs would remain in place Will consider the following state of the art technologies: o Anaerobic Digestion o Pyrolys I s o Gasification Siting in Lake County or Ukiah Would be considered Project could supply green power to Ukiah or others Implement WTE when/if feasible a 17 D Why Consider Waste to.Ener y7 Vendors eager to supply demonstration plants to prove their technology They will provide financing and operations Subsidies and grants available to offset capital costs � All diversion programs (recycling, composting, etc) will remain in place 7.5 to 99% additional reduction of landfill disposal. Source of reliable, base load renewable energy near population centers and industrial loads Reduced greenhouse gas and other emissions Very low emissions if properly designed and operated Section 3. Benefits of the, Plan Implementation of these four (4) programs would: o Provide greater MSW Diversion from landfill o Localize all activities -no more reliance on distant landfills owned by others 0 Allow C&S and its local government partners to determine the timing and location of all activities o Extend landfill life o Create new local jobs Provide clean, renewable energy o Recover additional recyclable materials o Reduce greenhouse gas emissions o Enhance AB 939 and AB 32 Compliance n 20 Annual Diversion From Plan Elements. Current Arnount`Landfilled 44 .,400 TPY I.. Food Waste 27700 TPY 6% 2. Resource Re.covery 13 3 00 TPY o 3:0/ Fact ty , 3. Localizing Landfilling Not Applicable Not Applicable. 4'Maste to °En`e rgy 2 5 , 600 TPY 5 8/ Total..amount Diverted 41 ,600 TPY 94% Total amount Landfi I Ied : 2, 800 TPY 6% - TPY = tons per year Th -e- Pi C ani-xeat ewjobs Gree --.,n Energy Production � The food waste digestion /fuel cell pr Oiect could produce approximately 300 kilowatts ° tt7 o t/g/7 to potyer over 400 homes � The waste to energy project could provide approximately 2,200 kilowatts ° Fnough to power about 3.t200 homes 23 24 :e 0 777 LEGAL DESCRIPTION OF TRANSFER STATION SITE EXHIBIT C DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF MENDOCINO, AND STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON PIPE PLUGGED LS 4043, LOCATED AT THE SOUTHWEST CORNER OF PARCEL 3 AS SHOWN ON A PARCEL MAP OF MD 23-74 FILED IN MAP CASE 2, DRAWER 23, PAGE 89, MENDOCINO COUNTY RECORDS; THENCE NORTH 7 DEGREES 23'30" WEST, 379.92 FEET TO A 1/2" IRON PIPE PLUGGED LS 4043; THENCE CONTINUING NORTH 7 DEGREES 23'30" WEST, 44.11 FEET; THENCE NORTH 83 DEGREES 04'4 1 " EAST, 366.03 FEET; THENCE SOUTH 20 DEGREES 51' 04" EAST, 60.30 FEET TO A 1/2 INCH IRON PIPE PLUGGED LS 4043; THENCE CONTINUING SOUTH 20 DEGREES 51' 04" EAST, 365.46 FEET TO A 1/2 INCH IRON PIPE PLUGGED LS 4043; THENCE SOUTH 81 DEGREES 45'00" WEST, 465.17 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION DESCRIBED IN THE DEED TO MENDOCINO TRANSIT AUTHORITY, A JOINT POWERS AGENCY, RECORDED MARCH 30, 1982 IN BOOK 1346 OFFICIAL RECORDS, PAGE 255, MENDOCINO COUNTY RECORDS. APN: 184-140-13 3151 Taylor Drive Ukiah, CA 95482 RATE SCHEDULE EXHIBIT D Solid Wastes Systems, Inc. Transfer Station Rate Schedule Effective Date January, 2012 * Rates are rounded to the nearest five cents MSW = Municipal Solid Waste Calculated NEW 2012 2012 2011 FA Rate Item Rate Rate Rounded 'MSW -Ton $74.50 $78.70 $78.70 MSW - Yard $17.50 $18.50 $18.50 Minimum Gate Fee - MSW Up to3cans $9.00 $9.25 $9.25 Per Can Rate - 32 gallon After 3cans $3.00 $3.08 $3.10 Green Waste - Ton $38.40 $40.79 $40.80 Green Waste - Yard $5.60 $5.95 $5.95 Minimum Gate Fee - Green Waste $5.50 $5.84 $5.85 Mixed Load - Additional Charge $17.20 $18.27 $18.25 Appliances $15.30 $16.25 $16.25 Oil Filters - Small $0.35 $0.37 $0.35 Oil Filters - Medium $0.60 $0.64 $0.65 Oil Filters - Large $0.85 $0.90 $0.90 Concrete - Ton $60.22 $63.97 $63.95 Dirt - Ton $60.22 $63.97 $63.95 Sheetrock - Clean $38.40 $40.79 $40.80 Sheetrock - Dirty $60.22 $63.97 $63.95 Tires - Bicycle $1.10 $1.17 $1.15 Tires - Motorcycle $2.10 $2.23 $2.25 Tires - Passenger Car $3.10 $3.29 $3.30 Tires - Passenger Car with Rim $4.90 $5.20 $5.20 Tires - Truck $6.70 $7.12 $7.10 Tires - Truck with Rim $9.00 $9.56 $9.55 Tires - Tractor 40.00 - 300.00 42.49 - 318.66 42.50 - 318.65 E -Waste - Computers No Charge No Charge No Charge E -Waste - Monitors No Charge No Charge No Charge Scrap Metal No Charge No Charge No Charge * Rates are rounded to the nearest five cents MSW = Municipal Solid Waste EXHIBIT E TRANSFER STATION RATE CALCULATION [WAM11:31111r� Solid Wastes Systems Transfer Station Components Annual Adjustment Calculations Effective Date January, 2012 Adjustments Reclass fuel for destination change -$60,203.47 Reclass Disposal for destination change $99,556.44 Adjustment to base year for destination changes, before Indicies Total Adjustments 39,352.97 Adjusted Cost $3,104,185.64 Increase COSTS Subiect to adiustment Cost Index Fuel Allowed Operating Costs subject to CPI $1,309,108.96 CPI $99,556.44 $ 46,604.28 Fuel $212,736.94 Fuel Construction/Lease $2.36/ton $ 76,202.37 Disposal - Garbage $698,641.65 Contract rate Pass Through $ - Disposal - Processing $289,414.82 Negotiated Pass Through $ - Construction/Lease $2.36/ton $73,638.68 Contract rate Pass Through $ - Construction/Lease $10/ton $312,028.30 Contract rate Pass Through $ - City Landfill Fee $2/ton $11,700.27 Set by City Pass Through $ - MSWMA Fee $5/ton $157,563.05 Set by City Pass Through $ - Total COSTS Subject to adjustment $122,806.65 $3,064,832.67 Adjustments Reclass fuel for destination change -$60,203.47 Reclass Disposal for destination change $99,556.44 Adjustment to base year for destination changes, before Indicies Total Adjustments 39,352.97 Adjusted Cost $3,104,185.64 Revenue base Projected 2010 Revenue $2,259,178.07 Fuel $54,637.49 Landfill Destination Change ($60,203.47) Disposal - garbage $99,556.44 Disposal - processing $0.00 CPI adjustment $46,604.28 Construction/Lease $2.36/ton $0.00 Revenue change $140,594.74 Adjusted revenue $2,399,772.81 Revenue Increase $140,594.74 $ (21,564.88) Included in adjustment $ 39,352.97 17,788.09 $140,594.74 Current Increase New Contractor Rate increase as a percent 6.22% $67.50 $4.20 $71.70 MSWMA Rate increase as a percent 0.00% $5.00 $0.00 $5.00 City Rate increase as a percent 0.00% $2.00 $0.00 $2.00 $74.50 Total Rate $78.70 EFFECTIVE RATE INCREASE PERCENT 6.64% Page 1 of 5 EXHIBIT E Solid Wastes Systems Transfer Station Components Annual Adjustment Calculations Effective Date January, 2012 Worksheet for computing the change in various indexes and factors which comprise the components on which rates are adjusted Fuel - June to June (EIA Petroluem & Other Liquids) See Fuel cost adjustment worksheet CPI - June to June (CPI -U All US Cities) June 2010 June 2011 Index Increase (Decrease) 217.965 225.722 7.757 CPI % Change 3.56% Landfill Fee Jan to Jan (Eastlake compared to Potrero Hills) January 2011 January 2012 Increase (Decrease) $ 33.48 $ 38.25 4.770 Disposal - Garbage Cost % Change 14.25% Disposal Processing Fee Jan to Jan January 2011 January 2012 Increase (Decrease) $ 30.00 $ 30.00 $ 0.00 Disposal - Green Waste Cost % Change 0.00% Transfer Station Tonnage at gate, Year to Year January 2011 January 2012 Increase (Decrease) 31,202.83 31,202.83 0.00 Tonnage % Change 0.00% City Landfill Fee June to June January 2011 January 2012 Increase (Decrease) $ 2.00 $ 2.00 $ 0.00 City Landfill Fee % Change 0.00% MSWMA Fee June to June January 2011 January 2012 Increase (Decrease) $ 5.00 $ 5.00 $ 0.00 MSWMA Fee % Change 0.00% Page 2 of 5 SWS Transfer Station Agreement EXHIBIT E Adjustment Adjustment Cost/Rev Period Method Index Used Cost Group 1,2,4 Construction / Lease $2.36 / MSW ton Annual 100% of index change CPI - US Cities CPI -U Base Rate as Adjusted 3 Construction / Lease $10.00 / MSW ton Time to Time Per City N/A Pass Through 1,2 Fuel Annual 100% of index change eia Ca #2 Diesel Retail all sellers Base Rate as Adjusted Disposal - Landfill Time to Time Per Landfill Agreement N/A Pass Through 9 Disposal - Processing Time to Time Per Processor Agreements N/A Pass Through 1,2 Operating Costs Annual 100% of index change CPI - US Cities CPI -U Base Rate as Adjusted Per Ton Contractor Gate 4 City Franchise Fee $2.00 Time to Time Per City N/A Pass Through 4 MSWMA Fee $5.00 Time to Time Per MSWMA N/A Pass Through 6,7,8 ITOTAL GATE FEE Notes 1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to lune change 3 Lease rate replaces construction rate January 1, 2017 - $10.00 per ton MSW 4 Part of Construction rate left in gate rate to cover triple net lease costs (adjusts by CPI) starting January 1, 2017. i.e.. Prop tax, Insurance & R&M. 4 Agreement should state initial rate, subject to change by City/ MSWMA action 5 Exhibit of calculation to be made part of agreement 6 SWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Per Yard Gate Fee shall be equal to 24.05% of per ton contractor gate fee PLUS per ton City & MSWMA fees divided by 5.54 (MSWMA yards / ton) 8 Rate change is calculated as follows: % annual adjustment X actual prior year (July to June) component cost = new funds needed / total gate revenue = % adjustment to gate rate. 9 Processing contract mutually agreed to with city - i.e. PRS grinding yard rate charged SWS for greenwaste. City can direct SWS to implement other programs, provided the costs of such programs are covered through increased rates. Page 3 of 5 EXHIBIT E Transfer Station Agreement Calculation to adjust fuel costs for change in landfill destination at January, 2012 Base year Adjusted base calculation year calculation Fuel Cost in Base year $ 212,736.94 $ 212,736.94 Miles per roundtrip 251 129 MPG 6 6 Gallons of fuel per trip 41.83 21.50 Fuel cost per galllon during base year $ 3.102 $ 3.102 Fuel cost per trip $ 129.76 $ 66.69 $ Tons hauled to landfill 21,000 21,000 Tons per truck loan 22 22 Truck trips per year 954.55 954.55 Fuel Index Change 5463749.00% 5463749.00% Landfill trip fuel cost $ 123,862.41 $ 63,658.94 Adjustment to base year landfill trip fuel costs $ (60,203.47 Non -Landfill trip fuel cost $ 88,874.53 $ 88,874.53 Adjusted Base year fuel cost $152,533.4; Page 4 of 5 -122.00 -20.33 (63.07) Fuel Exhibit #11 EXHIBIT E Transfer Station Agreement Page 5 of 5 Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June Fuel Exhibit#2 Base. Year Fuel index and Cost 3.102 $152,533.47 As negotiated Index Change - New vs. Base Year 1 Estimated Fuel index.adjustment at June 2011 4.2 13 35.82% $54,637.49 Plus: Base Year Cost X Index Change Revenue adjustment for January 2012 rate revision $54,637.49 $0.00 Less: Prior Fuel Cost applied to rate $207,170.96 Fuel Cost Allowed Year 1 Annual adjustment based on Fuel index change, year to year (using example fuel index changes) 2 Estimated Fuel index adjustment at June 2012 4.630 49.26% $75,137.99 Plus: Base Year Cost X Index Change Revenue adjustmentfor January 2.013 rate revision $20,500.50 $54,637.49 Less: Prior Fuel Cost applied to rate $227,671.46 Fuel Cost Allowed Year 2 3 Estimated Fuel index adjustment at June 2013 3.940 27.01% $41,199.29 Plus: Base Year Cost X Index Change Revenue adjustment for January 2014 rate.revision --- ($33,938.70) $75,137.99 Less: Prior Fuel Cost applied to rate $193;732.76 Fuel Cost Allowed Year 3 4 Estimated Fuel index adjustment at June 2014 4.330 39.59% $60,388.00 Plus: Base Year Cost X Index Change Revenue adjustment for January 2015 rate revision > $19,188.71" $41,199.29 Less: Prior Fuel Cost applied to rate. $212,921.47 Fuel Cost Allowed Year 4 5 Estimated.Fuel index adjustment at June 2015 5.410 74.40% $113,.484.90 Plus: Base Year Cost X Index Change Revenue adjustment for January 2016 rate revision $53,096.90 $60,388.00 Less: Prior Fuel Cost applied to rate $266,018.37 1. Fuel Cost Allowed Year 5 6 Estimated Fuel index adjustment atJune 20 4.870 57:009/o $86,944.08 Plus: Base Year Cost X Index Change Revenue adjustment for January 2017 rate revision ($26,540.82) $113,484.90 Less: Prior Fuel Cost applied to rate $239,477.55 Fuel Cost Allowed Year 6 Page 5 of 5 EXHIBIT F TRANSFER STATION LEASE TRANSFER STATION LEASE THIS TRANSFER STATION LEASE (the "Lease") is made between the City of Ukiah, a municipal corporation ("Lessor"), and Solid Wastes Systems, Inc., a California corporation ("Lessee"), as of the later of 1 st day of January, 2017 or the date of the closing of Lessor's Purchase of the Premises from Lessee, with reference to the following: A. Pursuant to that certain Amended and Restated Transfer Station Agreement between Lessor, Lessee and Yulupa Investments, LLC dated November 2011 (the "Agreement"), Lessor has agreed to lease to Lessee, and Lessee has agreed to lease from Lessor, that certain improved real property situated in the City of Ukiah, County of Mendocino, State of California, commonly known as 3151 Taylor Drive (the "Premises"). B. Capitalized terms used herein have the meaning stated in the Agreement, unless otherwise expressly stated herein. NOW, THEREFORE, in and for the mutual covenants herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Lease. Lessor hereby leases the Premises to Lessee on the terms and conditions of this Lease. 2. Term. The term hereof shall commence on the later of January 1, 2017 or the date of the closing of Lessor's purchase of the Premises from Lessee ("Commencement Date") and continue until the expiration or termination of the term of the Agreement (including extensions thereof). 3. Rent. The monthly rent shall equal the product of $10.00 times the number of tons of Acceptable Waste accepted by Lessee at the Premises during such month for which Lessee charges a per ton or per yard MSW Rate (as of the Effective Date approximately 31,000 tons per year). Such rent shall be paid to Lessor in arrears, within thirty (30) days after the end of the month, at City Hall, 300 Seminary Drive, Ukiah, California 95482, or at such other place as may be designated by Lessor from time to time. Each monthly rent payment shall be accompanied by a statement showing the tons of Acceptable Waste received by Lessee through the gate at the Premises during the relevant month. Cubic yards received through the gate for the purpose of rent due will be converted to tons at 5.54 cubic yards equals one ton. The per ton monthly rent may be increased annually on January I" (beginning January 1, 2018), at Lessor's election exercisable by written notice given to Lessee at least ninety (90) days prior to the date of increase, by the percentage increase, if any, in the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics (the "Index') for the twelve-month period ended on the June 30th immediately prior to the notice, using the Index published for such June as compared with the Index published for June of the prior year. On January 1, 2022 and every five years thereafter, Lessor may increase the per ton monthly the rent on one hundred twenty (120) days' prior written notice to Lessee, provided that such increase, when passed through to the Transfer Station Rates causes those Rates to exceed the average rates of the facilities in competition with the Transfer Station. 4. Acceptance of Premises in "AS IS" Condition. Lessee acknowledges that Lessee constructed and has owned, operated and maintained the Premises until they were conveyed to Lessor just prior to the Commencement Date. As of the Commencement Date, Lessee accepts the building, improvements and any equipment on or in the Premises in their existing condition. No representation, statement or warranty, express or implied, has been made by or on behalf of Lessor as to such condition or as to the use that may be made of such property. In no event shall Lessor be liable for any defect in such property or for any limitation on its use. 5. Use. The Premises are to be used for the operation of a solid waste transfer station in accordance with the Agreement, and any related activities lawfully conducted by Lessee. 6. Uses Prohibited. Lessee shall not use any portion of the Premises for purposes other than those specified hereinabove, and no use shall be made or permitted to be made upon the Premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies covering said property. 7. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises without the prior written consent of Lessor, which shall be in Lessor's sole and absolute discretion to give. Any such assignment or subletting without such consent shall be void and, at the option of the Lessor, may terminate this Lease. 8. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Premises, occasioned by or affecting the continuing use thereof by Lessee. 9. Maintenance, Repairs, Alterations. Lessee acknowledges that the Premises are in good order and repair. Lessee shall, at its own expense and at all times, maintain the Premises (including all improvements) in good order and repair, keep the Premises clean and in good and safe condition, do no damage to the Premises, and shall surrender the Premises, at termination or expiration of this Lease, in as good condition as received, normal wear and tear excepted. Lessee's obligation includes any reconstruction or replacement of the Improvements necessary to maintain the Premises in good condition for the uses allowed under this Lease. No improvement or alteration of the Premises shall be made by Lessee without the prior written consent of Lessor. Prior to the commencement of any substantial repair, improvement or alteration to which Lessor shall so consent, Lessee shall give Lessor at least two (2) days advance written notice in order that Lessor may post appropriate notices to avoid any liability for liens. 10. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the Premises without prior notice during hours when the Premises are open to the public and at other reasonable times upon reasonable notice for the purpose of inspecting the same, and will permit Lessor to place upon the Premises any usual "To Let" or "For Lease" signs, and permit persons desiring to Lease the same to inspect the Premises thereafter, within six (6) months prior to expiration of this Lease. 11. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the Premises or any part thereof, and Lessee agrees to fully indemnify, defend and hold Lessor harmless from and against any claims for damages arising out of Lessee's use of the Premises, no matter how caused, and from any expense, cost, or liability associated with such claim or the defense of any such claim. 12. Insurance. Lessee, at its expense, shall maintain public liability insurance, including bodily injury and property damage, in accordance with the terms of Section 9 of the Agreement. 13. Utilities. Lessee shall be responsible for the payment of all utilities, including water, gas, electricity, heat and other services delivered to the Premises during the term hereof. 14. Abandonment of Premises. Lessee shall not vacate or abandon the Premises at any time during the term hereof, and if Lessee shall abandon or vacate the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the Premises shall be deemed to be abandoned, at the option of Lessor. 15. Condemnation. If any part of the Premises shall be taken or condemned for public use, and a part thereof remains which is susceptible of occupation hereunder, this Lease shall, as to the part taken, terminate as of the date the condemnor acquires possession, and thereafter Lessee shall be required to pay such proportion of the rent for the remaining term as the value of the Premises remaining bears to the total value of the Premises at the date of condemnation; provided, however, that Lessee may at its option, terminate this Lease as of the date the condemnor acquires possession. In the event that the Premises are condemned in whole, or that such portion is condemned that the remainder is not susceptible for use hereunder, this Lease shall terminate upon the date upon which the condemnor acquires possession. All sums which may be payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any part thereof; provided, however, that Lessee shall be entitled to retain any amount awarded to Lessee for its trade fixtures or moving expenses. 16. Trade Fixtures. Any and all fixed improvements made to the Premises during the term hereof shall belong to Lessor, except trade fixtures of the Lessee. Lessee may, upon termination hereof, remove all its trade fixtures, subject to Lessor's rights under Section 10.2.2 of the Agreement, but shall repair or pay for all repairs necessary for damages to the Premises occasioned by such removal. 17. Destruction of Premises. In the event of a whole or partial destruction of the Premises during the term hereof from any cause, Lessor shall forthwith repair the same provided that the insurance proceeds are sufficient for such purpose and provided that such repairs can be made within one hundred twenty (120) days under existing governmental laws and regulations, but such partial destruction shall not terminate this Lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the Premises. If such repairs cannot be made with the available insurance proceeds or within said one hundred twenty (120) days, Lessor or Lessee, at its option, may make the same within a reasonable time, this Lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made with the available insurance proceeds or within one hundred twenty (120) days, this Lease may be terminated at the option of either party. 18. Insolvency. In the event a receiver is appointed to take over the business of Lessee, or in the event Lessee makes a general assignment for the benefit of creditors or Lessee takes or suffers any action under any insolvency or bankruptcy act, the same shall constitute breach of this Lease by Lessee. 19. Remedies of Lessor on Default. In the event of any breach of this Lease by Lessee, Lessor may, at its option, terminate the Lease and recover from Lessee: (a) the worth at the time of award of the unpaid rent which was earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (d) any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefrom. Lessor may, in the alternative, continue this Lease in effect, as long as Lessor does not terminate Lessee's right to possession, and Lessor may enforce all its rights and remedies under the Lease, including the right to recover the rent as it becomes due under the Lease. If said breach of Lease continues, Lessor may, at any time thereafter, elect to terminate the Lease. Nothing contained herein shall be deemed to limit any other rights or remedies which Lessor may have. 20. Attorney's Fees. In case suit should be brought for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees. 21. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver of such term. 22. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the Premises, or Lessor at the address set forth in Section 3 above, or at such other places as may be designated by the parties hereunder from time to time. 23. Time. Time is of the essence of this Lease. 24. Heirs, Assigns, Successors. This Lease is binding upon and shall inure to the benefit of the respective heirs, assigns and successors in interest to each of the parties. 25. Property Taxes. Lessee shall pay all Property Taxes upon the Premises, including any improvements thereon (such as the Improvements). For purposes of this Lease, "Property Taxes" shall mean: (a) all real estate taxes and other assessments on the Premises and/or any improvements, including assessments for special improvement districts and building improvement districts, taxes and assessments levied in substitution or supplementation in whole or in part of any such taxes and assessments; (b) all personal property taxes for property that is owned by Lessor and used in connection with the operation, maintenance and repair of the Premises and/or improvements; (c) all governmental charges attributable to the Premises (such as business license taxes and fees); and (d) all costs and fees incurred in connection with seeking reductions in any tax liabilities described in (a) or (b) above, including, without limitation, any costs incurred by Lessor for compliance, review and appeal of Property Tax liabilities. The parties shall use their best efforts to maintain or decrease the assessed value of the Premises upon conveyance of the Premises to Lessor. 26. Lessor's Liability. The term "Lessor," as used in this paragraph, shall mean only the owner of the real property or Lessee's interest in a ground lease of the Premises. In the event of any transfer of such title or interest, the Lessor named herein (or the grantor in case of any subsequent transfers) shall be relieved of all liability related to Lessor's obligations to be performed after such transfer; provided, however, that any funds in the hands of Lessor or grantor at the time of such transfer shall be delivered to grantee. Lessor's aforesaid obligations shall be binding upon Lessor's successors and assigns only during their respective periods of ownership. 27. Estoppel Certificate. (a) Lessee shall at any time upon not less than ten (10) days' prior written notice from Lessor execute, acknowledge and deliver to Lessor a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect), the amount of any security deposit, and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor 4 hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer to the Premises. (b) At Lessor's option, Lessee's failure to deliver such statement within such time shall be a material breach of this Lease or shall be conclusive upon Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by Lessor, (ii) that there are no uncured defaults in Lessor's performance, and (iii) that not more than one month's rent has been paid in advance or such failure may be considered by Lessor as a default by Lessee under this Lease. (c) If Lessor desires to finance, refinance or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or purchaser. Such statements shall include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth. 28. Hazardous Materials. Lessee shall indemnify and hold harmless Lessor with respect to the discharge by Lessee or its agents of any toxic or hazardous materials on or in the Premises during the term hereof. 29. Entire Agreement. The foregoing (including, where applicable, the Agreement) constitutes the entire agreement between the parties with respect to the Premises and may be modified only by a writing signed by both parties. Capitalized terms used, but not defined, herein shall have the respective meanings given them in the Agreement. 30. Governing Law; Forum. This Lease shall be construed in accordance with the internal laws of the State of California (irrespective of choice of law principles). Any dispute hereunder shall be resolved in the state courts in Mendocino County and state appellate courts. The parties waive any right to a jury trial. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. CITY OF UKIAH (LESSOR) SOLID WASTES SYSTEMS, INC. (LESSEE) Title: Title: EXHIBIT G CURRENT GEOGRAPHIC AREA SERVED BY TRANSFER STATION The areas marked as Franchise Areas 3 and 2 (Inland) on the attached map, including the incorporated City limits. EXHIBIT G MAP OF SOLID WASTE REFUSE COLLECTION AREA SOLID WASTE REFUSE COLLECTION AREAS A _ Mendocino County Summary of Ad Hoc committee on Solid Waste for 11/16/11 CC meeting from Thomas, Landis Our report comes out of many meetings with staff, the City attorney, representatives of the hauler, and members of the public. We have scheduled two more meetings to be held before the end of this month The reasons for our initial recommendation that the Council approve the proposed contracts with the hauler are as follows: a. The terms of the contracts will continue to maintain City rates that are the lowest in the region b. The ratepayers are protected from the threat of drastic rate increases in an increasingly volatile market for fuel and other external costs c. More clear and precise standards for rate adjustments are established d. The contract provides for the City's acquisition and oversight of the waste transfer station on Plant Road, and with revenue from the transfer station, the City now will have the funding to close the City landfill (absent this, the landfill represents a major unfunded liability to City ratepayers) e. The long-term viability of the hauler, threatened under the existing contract, is increased f. The contracts continue and strengthen our excellent working relationship with the hauler, who has provided exemplary service to the City and who has a commendable record of commitment to green practices, in line with stated City objectives. The City's diversion rates meet and exceed the current state standard. g. The contracts reflect the advantage to the city of the hauler's long-term contract with Lake County landfill beginning in 2012, a cleaner and cheaper, more local alternative to sending our waste to Potrero Hills in Solano County h. Reduced demand on City staff with 5 year rate reviews as compared to current review every third year i. Contractor has demonstrated a commitment to explore and implement feasible new developments in solid waste disposal — for energy and commercially valuable soil amendments. These practices result in reduced greenhouse gas emissions and increased diversion of waste from disposal to a landfill j. Supports a locally owned business which is providing good jobs with benefits with potential to grow and provide additional employment opportunities 3. Further issues resolved a. Modifications to the City Code, on the agenda for tonight, have been agreed upon b. Changes and clarifications to the contracts, also agreed upon with meetings that included the public, have been made c. The City's right to require an audit is affirmed d. The City's rights and protections as a third -party beneficiary with both green waste and recyclable agreements are affirmed e. The fee for accepting appliances at the transfer station will be reduced to $10 f. There will be advance notice brought to the Council of the proposed rate adjustments each year, if the calculations result in a change in the rates 4. Key unresolved policy matters include: a. A detailed response to questions about the calculation of the rates at the transfer station and under the collection contact, but we anticipate that the responses generated at the ad hoc level (continuing tomorrow) will adequately address the questions which have been raised and will be brought back to Council on Dec 7. b. The length and possible further extension of the contracts being considered as it relates to the specificity, or lack thereof, of the Long Range Plan in the hauler's presentation. Some concern has been expressed about the relationship between those plans and the rationale for the long-term contract. One could say the strategic plan is not specific enough to know what we are getting or that the long range plan also retains flexibility to explore and capitalize on new technologies, new inputs and new diversion opportunities. d. Flow control: does the City retain adequate control over where the green waste stream is directed? The Consent to Sale addresses the green waste stream from Ukiah and gives the City the option to consider other destinations for green waste if another facility can meet the requirements specified. The Consent to Sale does not address the issue of whether a different facility might save the ratepayers money. e. The disposition of food waste, also a policy decision for the Council -- what we decide impacts directly the question of future green waste disposal. The food waste discussion should consider how much food waste there is from different sources as well as what is the best use of that food waste long term. ITEM NO.. 13a MEETING DATE: AGENDA SUMMARY REPORT November 16, 2011 SUBJECT: ADOPT ORDINANCE AMENDING DIVISION 5, CHAPTER 5 OF THE UKIAH CITY CODE TO REMOVE OUTMODED PROVISIONS IN ORDER TO BE CONSISTENT WITH CURRENT PRACTICE OF SOLID WASTE HANDLING AND TO ALLOW FOR FUTURE CHANGES Discussion: After receiving public comments on the draft collection contracts, the City Attorney reviewed the draft contracts and the City Code to identify any potential conflicts. The City Code sections addressing waste collection (Division 5, Chapter 5, commencing with Section 4400) were originally adopted in 1955 and have been amended several times, most recently in 1989. Those 1989 amendments enacted Chapter 6, governing recycling. Much has changed in the way solid waste is collected in the City since the ordinance was adopted and most recently amended. For example, Section 4421 currently provides that all garbage must be kept in a metal receptacle provided with handles or other receptacles approved for said use by the City Manager. Section 4422 requires rubbish to be kept in a suitable box or boxes, barrels or other suitable receptacles or binding and shall not weigh more than 70 lbs. or exceed a length of four feet or a diameter of two feet. Some of these provisions conflict with the existing waste collection contract and waste collection practices in the City. The provisions governing waste collection franchise agreements do not parallel the provisions governing recycling. Section 4460 currently limits the waste collection contract to a term of 15 years. Section 4483, governing recycling contracts, on the other hand, does not impose a term limit and allows for extension by the City Council, if the contractor is satisfactorily performing. Staff is recommending the introduction by title only of the attached amendments to Division 5, Chapter 5 of the City Code, Attachment 1, to remove outmoded provisions, to update provisions to be consistent with current practice and to allow future changes without the necessity of further amendments to the City Code. A comparison of the proposed amendments with the existing sections of the City Code is attached as Attachment 2. Fiscal Impact: ❑ New Appropriation ❑x Not Applicable Budget Amendment Required H Budgeted FY 10/11 Recommended Action(s): (1) adopt motion to introduce ordinance by title only; (2) instruct City Clerk to read title of ordinance and (3) after title is read, adopt motion to introduce ordinance. Alternative Council Option(s): Citizens advised: Requested by: Prepared by: David Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments: 1. Ordinance 2. Comparison of Proposed Amendments Approved. Jane hambers, City Manager �1 ATTACHMENT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 4421, 4425, 4441, 4444, 4446, 4460, 4461 AND 4463, AND REPEALING SECTIONS 4422, 4423 AND 4444 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: I. Sections 4421, 4425, 4441, 4446, 4460, 4461, and 4463 of the Ukiah City Code are amended to read as follows 4421: GARBAGE AND RUBBISH; APPROVED RECEPTACLES: Any and all garbage, refuse or rubbish deposited, kept or accumulated or permitted to be deposited, kept or accumulated within the City shall be in receptacles approved for said use by the City Manager or in a collection contract approved by the City Council. Containers for Recyclable materials, as defined in Section 4480.x, shall be kept in receptacles in accordance with Section 4487. Each such receptacle for garbage, including its cover, shall, upon the outside, be kept clean from accumulating grease or decomposing material. 4425: LOCATION OF REFUSE RECEPTACLE OF USER TO CONTRACTOR'S SERVICE: All receptacles for the accumulation of garbage, refuse or rubbish in the City maintained on property of customers subscribing to contractor's service shall be kept or placed in the following manner during the time for collection, and shall be accessible to the contractor at all times without the use of key or entering the above named buildings unless special arrangements are made with the contractor. Any such accumulation shall be placed on the street frontage of the property in the case of single family residences, including duplexes or other residences, as directed by the City Manager or a collection contract approved by the City Council, and in the case of all other premises in a location easily accessible to the contractor and its collection vehicles, as approved by the City Manager or by a collection contract approved by the City Council. 4441: DUTY OF CONTRACTOR TO REMOVE USER'S REFUSE: All garbage, rubbish and refuse of any kind shall be removed by the contractor from all premises and establishments within the corporate City on a schedule as established by a collection contract approved by the City Council. The owner or person in charge of any premises that does not subscribe to the contractor's collection service shall remove solid waste from the premises at least once each seven (7) days unless sooner directed by the City Manager or City Health Officer of the City. 4446: IRREGULAR COLLECTION; DUTY OF CONTRACTOR: It shall be the duty of the contractor to make such irregular collections within such time period at such rates as are established by resolution of the City Council or a collection contract approved by the City Council. 4460: AUTHORITY TO CONTRACT: The City may enter into a contract for the disposal of collection of refuse, garbage and for rubbish for a period not to exceed fifteen (15) years, subject to the terms and conditions of this Chapter. If in the determination of the City Council said contractor or contractors shall have satisfactorily performed such contract or contracts, the City Council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of any such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall or if the collection contract shall so provide deem necessary and appropriate, and shall permit such an extension by the contractor on such terms and conditions as the collection agreement shall provide. 4461: CONTRACT PROVISIONS: A contract for the collection of garbage, refuse and rubbish within the City may contain provisions setting forth the collection services the contractor will provide, the charges for performing the services, an exclusive franchise for the collection of all refuse, garbage or rubbish and the right to transport same on City streets, requirements for the use of a local office, insurance and performance and payment bond requirements, and any other provisions related to waste collection services deemed by the City Council necessary or useful to assure the safe and efficient collection and disposition of solid waste within the City. 4463: COLLECTION FOR HIRE BY UNAUTHORIZED PERSON PROHIBITED; EXCEPTION: No person not the contractor or the City shall for hire or other remuneration collect or dispose of or engage in the business of collecting or disposing of any refuse, rubbish or garbage from or within the corporate limits of the City, except as may be allowed in a collection contract approved by the City Council. II. THE FOLLOWING SECTIONS OF THE UKIAH CITY CODE ARE HEREBY REPEALED: 4422, 4423 AND 4444. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on , 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mari Rodin, Mayor ATTEST: JoAnne Currie, City Clerk ATTACHMENT COMPARISON OF EXISTING WITH AMENDED OR REPEALED WASTE COLLECTION SECTIONS IN UKIAH CITY CODE AMENDED AND REPEALED SECTIONS EXISTING SECTION 4421: GARBAGE AND RUBBISH; 4421: GARBAGE; METAL AND OTHER APPROVED RECEPTACLES: APPROVED RECEPTACLES; MAXIMUM Any and all garbage, refuse or rubbish deposited, kept or accumulated or permitted to be deposited, kept or accumulated within the City shall be in receptacles approved for said use by the City Manager or in a collection contract approved by the City Council. Containers for Recyclable materials, as defined in Section 4480.K, shall be kept in receptacles in accordance with Section 4487. Each such receptacle for garbage, including its cover, shall, upon the outside, be kept clean from accumulating grease or decomposing material. REPEALED REPEALED WEIGHT: Any and all garbage deposited, kept or accumulated or permitted to be deposited, kept or accumulated within the City shall be in a metal receptacle provided with handles or other receptacles approved for said use by the City Manager. Each of said receptacles shall have a capacity of not less than five (5) gallons and shall not exceed a capacity of thirty (30) gallons, and shall be provided with a close fitting metal lid or other suitable covering at all times except when necessarily opened to permit garbage to be taken therefrom or to be deposited therein. Each such receptacle for garbage, including its cover, shall, upon the outside, be kept clean from accumulating grease or decomposing material. No container shall be loaded heavier than seventy (70) pounds 4422: RUBBISH; MAXIMUM WEIGHT: Any and all rubbish deposited, kept or accumulated or permitted to be deposited, kept or accumulated within the City shall be in a suitable box or boxes, barrels or other suitable receptacles or a binding or wrapping sufficient to hold and securely contain any rubbish placed therein unaffected by wind, rain and other elements or by natural decomposition, but shall not be loaded heavier than seventy (70) pounds nor exceed a length of four feet (4') or a diameter of two feet (2') 4423: ALL OTHER REFUSE: All other refuse deposited, kept, accumulated or permitted to be deposited, kept or accumulated within the City shall be in a suitable box or boxes, barrels or other suitable receptacles or a binding or wrapping sufficient to hold and securely contain any rubbish placed therein unaffected by wind, rain and other elements or by natural decomposition, or if such refuse is of a type not subject to being affected or dispersed by wind, rain or other elements or by natural decomposition, such refuse may be stacked or piled in a safe manner in a safe EM COMPARISON OF EXISTING WITH AMENDED OR REPEALED WASTE COLLECTION SECTIONS IN UKIAH CITY CODE 4425: LOCATION OF REFUSE RECEPTACLE OF USER TO CONTRACTOR'S SERVICE: All receptacles for the accumulation of garbage, refuse or rubbish in the City maintained on property of customers subscribing to contractor's service shall be kept or placed in the following manner during the time for collection, and shall be accessible to the contractor at all times without the use of key or entering the above named buildings unless special arrangements are made with the contractor. Any such accumulation shall be placed on the street frontage of the property in the case of single family residences, including duplexes or other residences, as directed by the City Manager or a collection contract approved by the City Council, and in the case of all other premises in a location easily accessible to the contractor and its collection vehicles, as approved by the City Manager or by a collection contract approved by the City Council. 4441: DUTY OF CONTRACTOR TO REMOVE USER'S REFUSE: All garbage, rubbish and refuse of any kind shall be removed by the contractor from all premises and establishments within the corporate City on a schedule as established by a collection contract approved by the City Council. The owner or person in charge of any premises that does not subscribe to the contractor's collection service shall remove solid waste from the premises at least once each seven (7) days unless sooner directed by the City Manager or City Health Officer of the City. REPEALED 2 place. 4425: LOCATION OF REFUSE RECEPTACLE OF USER TO CONTRACTOR'S SERVICE: Each garbage vessel, tank or receptacle and each rubbish container or other refuse accumulation provided, or caused to be provided, by the owner, manager or person in possession, charge or control of any restaurant, hospital, hotel, boarding house, cafe, cafeteria and other like eating place, apartment house, butcher shop, green vegetable store, dwelling or flat or business establishment within the City, subscribing to contractor's service shall be kept or placed in the manner following during the time for collection, and shall be accessible to the contractor at all times without the use of key or entering the above named buildings unless special arrangements are made with the contractor. Any such accumulation shall be placed on the premises in a location easily accessible to the contractor and not more than twenty feet (20') in the rear of the building from which such refuse is accumulated except as hereinafter provided in this Chapter and shall be accessible to the contractor at all times on an established walkway or driveway. 4441: DUTY OF CONTRACTOR TO REMOVE USER'S REFUSE AT LEAST ONCE EACH SEVEN DAYS: All garbage, rubbish and refuse of any kind shall be removed by the contractor from all premises and establishments within the corporate City limits at least once each seven (7) days unless sooner directed by the City Manager or City Health Officer of the City. 4444: MAXIMUM RATES TO INCLUDE UNLIMITED AMOUNTS OF RUBBISH: The maximum rate for collecting and removal of refuse as set by the City Council shall include without additional charge, the collection, removal and disposal of an unlimited number of additional COMPARISON OF EXISTING WITH AMENDED OR REPEALED WASTE COLLECTION SECTIONS IN UKIAH CITY CODE 4446: IRREGULAR COLLECTION; DUTY OF CONTRACTOR: It shall be the duty of the contractor to make such irregular collections within such time period at such rates as are established by resolution of the City Council or a collection contract approved by the City Council. 4460: AUTHORITY TO CONTRACT: The City may enter into a contract for the disposal of collection of refuse, garbage and for rubbish for a period not to exceed fifteen (15) years, subject to the terms and conditions of this Chapter. If in the determination of the City Council said contractor or contractors shall have satisfactorily performed such contract or contracts, the City Council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, either prior to or after the expiration of any such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall or if the collection contract shall so provide deem necessary and appropriate, and shall permit such an extension by the contractor on such terms and conditions as the collection agreement shall 4461: CONTRACT PROVISIONS: A contract for the collection of garbage, refuse and rubbish within the City may contain provisions setting forth the collection services the contractor will provide, the charges for performing the services, an exclusive franchise for the collection of all refuse, garbage or rubbish and the right to transport same on City streets, requirements for the use of a local office, insurance and performance containers of rubbish only per collection, each container individually not to exceed those standards set forth in §4422 of the Ukiah City Code. The additional containers of rubbish shall be placed at the curb, alley or other place immediately adjacent to the normal loading area on the regular day of collection and shall be contained in boxes, baskets, bindings or other suitable containers which may be removed by the contractor as a disposable unit. 4446: IRREGULAR COLLECTION; DUTY OF CONTRACTOR: It shall be the duty of the contractor to make such irregular collections within twenty four (24) hours after being properly notified by telephone or otherwise; in the event of the failure of the contractor to remove such refuse within said twenty four (24) hour period, City shall make such collection and the contractor shall pay to City the amount set by the City Council to be charged for such irregular collection. 4460: AUTHORITY TO CONTRACT: The City may enter into a contract for the disposal of collection of refuse, garbage and for rubbish for a period not to exceed fifteen (15) years, subject to the terms and conditions of this Chapter. 4461: CONTRACT PROVISIONS: Such contract may provide that: A. The contractor shall collect and dispose of the refuse, garbage and/or rubbish or any one or all of any combination thereof in the City in the manner provided in this Chapter. B. The contractor shall charge rates not in excess of those established by the City Council. C. The contractor shall have the sole and exclusive COMPARISON OF EXISTING WITH AMENDED OR REPEALED WASTE COLLECTION SECTIONS IN UKIAH CITY CODE and payment bond requirements, and any other provisions related to waste collection services deemed by the City Council necessary or useful to assure the safe and efficient collection and disposition of solid waste within the City. 4463: COLLECTION FOR HIRE BY UNAUTHORIZED PERSON PROHIBITED; EXCEPTION: No person not the contractor or the City shall for hire or other remuneration collect or dispose of or rd rights, except in this Chapter otherwise provided to collect all refuse and/or garbage and/or rubbish in the City and transport the same through streets and public ways of said City. D. The contractor shall at all times maintain an office within the City with a telephone having a listed number, such office to be operated not less than five (5) days per week. E. Contractors shall provide a cash or surety bond in the amount of one hundred thousand dollars ($100,000.00) conditioned upon faithful performance of the contract and provisions of this Chapter. F. The contractor shall procure for the period covered by the proposed contract, full compensation insurance with an "industrial carrier" as defined by and in accordance with the provision of the Act of the Legislature of the State of California known as "Workmen's Compensation Act", approved May 26, 1913, and subsequently amended. G.The contractor shall carry for the full period of this contract, public liability insurance to the extent of one hundred thousand dollars ($100,000.00) for the death of one person or injury of one person and three hundred thousand dollars ($300,000.00) for the death of, or injury of, more than one person and property damage insurance to the extent of twenty five thousand dollars ($25,000.00) each accident, fifty thousand dollars ($50,000.00) aggregate, on each of the trucks or other vehicles used by him in carrying out the work called for in the contract. Contractor shall secure an umbrella coverage of one million dollars ($1,000,000.00), said umbrella policy to be available in the event the previously set forth limits of liability are exceeded. Such insurance shall name the City as an additional insured and a certificate of the policy thereof shall be on file with the City Clerk of said City at all times. H.Any further provisions necessary to protect the interest of the City or to assure efficient or safe operations of the refuse collection and disposal service may be included. 4463: COLLECTION FOR HIRE BY UNAUTHORIZED PERSON PROHIBITED; EXCEPTION: No person not the contractor or the City shall for hire or other remuneration collect or dispose of or engage in the business of collecting or disposing of COMPARISON OF EXISTING WITH AMENDED OR REPEALED WASTE COLLECTION SECTIONS IN UKIAH CITY CODE engage in the business of collecting or disposing of any refuse, rubbish or garbage from or within the any refuse, rubbish or garbage from or within the corporate limits of the City. This Section shall not corporate limits of the City, except as may be apply to any person engaged in the business or allowed in a collection contract approved by the activity of collecting salvageable material. City Council. ----- Original Message ----- From: Dan Grebil To: Chris Dewey Cc: Jane Chambers Sent: Wednesday, July 28, 2010 09:37 Subject: Re: UKH/UKV Joint Chiefs Meeting Chris, Your detailed briefing deserves a written reply vs. my earlier reply of a phone conversation. I thank you for taking my advise after we re -grouped to keep our cooperative efforts moving forward. I hope you and the City Manager can appreciate my past experiences in previous merger attempts and my desire to avoid many of the same landmines that I see in our road as we continue to move forward. One of the options we had talked about, but chose not to pursue at this time, was a contract for service from the Ukiah Valley Fire District. I feel this would be perceived as a "union busting" move since UVFD could clearly provide the current service level at a cost savings to the City. One reason is that our PERS employer rate is 12.948% compared to UFD's 25.245%. This is because of our 2.7% at 55 vs. UFD's 3% at 55 retirement formula. The City received a proposal from CAL -FIRE in 2000/01 as they were exploring options, much like you are doing now. CAL-FIRE's service contract may come in at a present cost savings because their personnel are scheduled a regular work week of 72 hours vs. 56 hours which means less permanent personnel to maintain shift staffing. But the current CAL -FIRE labor agreement calls for overtime payment for 19 of those 72 weekly hours at 1.5. The State also adds an administrative fee that will probably reduce any savings. One caution that other agencies who have contracted with CAL -FIRE have found is that as City employees become State employees, the City's PERS account becomes unfunded with a future liability remaining. Thanks again for allowing me input to your proposed Auto -Aid Agreement with CAL -FIRE. As I mentioned to you, I put my City Fire Chief's hat on when I crafted the revised version of the Agreement and shared with you my methodology. If the City has a true desire to respond farther out of the City limits upon dispatch vs. confirmed incident, then let's expand our Automatic Aid Agreement which will meet both CAL-FIRE's and the City's desires. I am receptive to CAL -FIRE joining both our monthly meeting to review our Automatic Aid Agreement and ourjoint chiefs meetings. Let me know if you or me are extending those invites. Following the first set of meetings with Chief Myers UVFD personnel, including me, were equally excited about the work he did. Following his last meeting, it was the finding of my immediate staff members that his services were questioned and that he failed in his scope of work which was to gain the interests of the bargaining units in merging operations. He instead attempted to sell a plan that wasn't approved by any of us. I take exception to your statement that "I no longer wished to work with Chief Myers", when I thought it was "us or we" that decided he failed in his scope of work and blamed me for not pre -selling the non-existent plan. If either you or the City Manager have any desire to engage Chief Myers for further consultation, I am more than willing to make contact with him and re-engage his services. I am sorry that you feel that you are "starting over in your efforts", when from my vantage point I see nearly all of your efforts to date as gaining the effectiveness and efficiencies in providing fire protection services to the benefit of the Ukiah Valley. You may have surpassed my efforts at this? No one ever said it was going to be easy. Again, let me know who is extending the invitation to CAL -FIRE for our August 10th meeting. 1, and I hope you, are still soliciting topics for our yet to be scheduled joint chiefs meeting. Respectfully yours, Dan ----- Original Message ----- from: Chris Dewey To: Dan Grebil Cc: Jane Chambers Sent: Tuesday, July 27, 2010 14:57 Subject: FW: UKH/UKV Joint Chiefs Meeting Dan, I appreciated our last monthly meeting of July 13th and your ideas. I appreciate your concern that our two departments differ in our missions primarily because of our paramedic and ambulance services, and that until we change the structure of our organization it will be difficult to bring the departments together. I have also taken your recommendations into strong consideration to reduce costs by asking the question how our organization can re- structure into a different model. Lastly, I want to thank you for your recommended changes to the proposed CAL -FIRE auto aid agreement. Over the last two weeks since our meeting, I have been working hard to look at your recommendation of how the department can consider reducing overall costs through a form of restructuring the organization. I first met with all the Ukiah Fire Department employees at a staff meeting, and as a group we brainstormed and considered all options we have as an organization to reduce overall costs, while still providing the best possible level of service for the community. Staff provided pro's and con's to 1. Reducing the size of UFD, 2. Working towards a closer working relationship with UVFD, 3. Considering contractual services from CAL -FIRE, and 4. Changing the current ambulance program. The Ukiah Fire Fighters Union and other UFD personnel provided invaluable in -sight into each model we can consider and many pro's and con's to each scenario. in the end, the Fire Fighters Union stated, "We continued to support you in looking into all potential cost saving proposals." All members of the department agreed that we must continue to look at ways we as a department can become more cost effective and efficient. I next met with CAL -FIRE and shared your recommended changes to Chief Rowney and Chief Baxman, and they asked for a few days to review and consider your changes. I also discussed with CAL -FIRE the process in place to explore how CAL -FIRE could assist the Ukiah Fire Department in reducing our costs through contractual services. After our meeting, the City Manager directed me to officially ask CAL -FIRE to start a process to look at what cost effective alternatives CAL -FIRE may be able to provide, while continuing to work with you and the UVF[) on any cost sharing services we could agree to. After preparing a request letter with CAL -FIRE, I had the Ukiah Fire Fighters Union review the letter prior to sending it to CAL -FIRE. I also received back from Chief Baxman and Chief Maynard a new proposed Auto -Aid Agreement. I have attached both documents for your review. CAL -FIRE has indicated that they desire, that we assist them in protection of the Eastern Ukiah Hills in exchange for CAL -FIRE protection of our Western Ukiah Hills in the form of the Auto -Aid Agreement. As we discussed at the last monthly meeting, I agree that it is critical to providing fire services, that our joint command staffs begin to meet regularly to continue our Incident Command System work. But as we have previously done with Chief Wattenburger from CAL - FIRE, (considering the proposed CAL -FIRE Auto Aid agreement), I think that it is vitally important that we include all three agencies (UVFD, UFD, CAL -FIRE) command personnel in these meetings, so that as our three agencies respond to incidents, we are all working to assist each other. In response to your invitation to have another Joint Chief's meeting, I think that because of our interdependency on all three of our agencies, (UVFD, UFD, CAL - FIRE) in providing fire protection services to our community, that our next joint command staff meeting should include all agencies. I am appreciative of all of the work that has been done in creating the Auto -Aid Agreement between the City and District, and our monthly meeting to evaluate the agreement and look at ways to work together. All of us at the department including the Fire Fighters Union and Command Staff were excited about the work we had done this spring and early summer with Fire Consolidation Consultant Chief Ron Meyers. I know that both your fire fighters union and our fire fighters union have meet a number of times on their own and they too were looking forward to moving forward wit h an effort to bring the departments together. I am disappointed that you no longer wish to work with Chief Meyers and the plans we explored to bring the department's together. Having now stopped that process, I appreciate your recommendation that I look at all the options available to the department, and in a sense, start over in my efforts. I am committed to continue to explore all of our options, as we have discussed, CAL -FIRE, Reductions with UFD, and working cooperatively with the UVFD. I look forward to your consideration of including CAL -FIRE in our next Joint Chief's meeting and our next scheduled monthly auto -aid evaluation meeting on August 10th, 2010 to continue to explore ways our two departments could share and reduce overall cost. Thanks, Chris Dewey Director of Public Safety Ukiah Police and Fire Departments 300 Seminary Ave., Ukiah, CA 95482 D (707) 463-6245 C (707) 272-4091 F (707) 462-6068 cdewey@cityofukiah.com From: Dan Grebil [mailto:grebil@sonic.net] Sent: Sunday, July 25, 2010 1:31 PM To: Jay Beristianos; Mike Mayfield; Kirk Thomsen; Kevin Jennings; Chuck Yates; Chris Dewey Subject: Fw: UKH/UKV Joint Chiefs Meeting UKH/UKV Chief Officers, Chief Dewey and I would like to continue working together at the Chief Officer level. What topics should we take on for our next Joint Chiefs Meeting? Please reply to me or Chief Dewey with your topic suggestions. Check your calendars... how does either Aug. 17th at 1100 hrs. our Aug. 19th at 0800 hrs. work? Other options if these don't work? Dan ----- Original Message Sent: Wednesday, May 19, 2010 11:39 Subject: UKH/UKV Joint Chiefs Meeting As mentioned at our staff meeting yesterday, Chief Officers from UKH and UKV met this morning and came to a working agreement regarding the following items: UKH's Shift Captain and UKV's Duty Officer are each agency's first point of Command and Control on a 24/7 basis. UKH and UKV Chief Officers (including UKH's on-call Duty Chief) serve to back up the Command and Control function when the Shift Captain or Duty Officer is committed (i.e., attack mode, extrication, out of area response, etc.) The first arriving Chief Officer will either establish command, assume command from someone arriving before them or fill the Planning function for the Incident Commander. Planning priorities are gathering situation status and resource status including the Personnel Accountability System using the command board. If the first arriving Chief Officer is the Incident Commander, the second arriving Chief Officer will fill the Planning function (mentioned above). If the first arriving Chief Officer is filling the Planning function, the second and subsequent arriving Chief Officers will be available for ICS assignments or provide City/District coverage. All Chief Officers will follow established Standard Operating Procedures/Guidelines regarding Duty Chief and Command Procedures. Both agencies acknowledge a goal of having Company Officers either retain or transfer to the Incident Command position on every incident. Other discussion points were: Chief Beristianos will be working with Chief Yates to standardize our agencies' Fire Marshal/Fire Prevention Bureau functions. Chief Grebil and/or Chief Mayfield will serve as UKH's Duty Chief on June 17th and 18th We are planning to meet again at the end of June to review this working agreement and to discuss the next steps in working cooperatively, at the Chief Officer level, in the Ukiah Valley. Please contact me directly if you have any questions or concerns regarding this information, Dan Grebil, Fire Chief Ukiah Valley Fire District 1500 South State Street Ukiah, California 95482-6709 Direct Line 707.489.3136 (24 hr.) Station 707.462.7921 Fax 707.462.2938 Ukiah Valley Fire District Board of Directors Meeting for February 9, 2011 Minutes o attended the Anti -Terrorism Approval Body (WMD Grant Committee) meeting on Feb. 7tn o facilitated a county -wide conference call this morning regarding Fire and EMS radio narrowbanding. o scheduled vacation Feb. 12tn — 21St. Will be checking phone and email messages. o scheduled to meet with the City Manager and City Public Safety Director on Feb. 23rd to discuss cooperative fire protection. 10. Director's Report — Information/Discussion Director Carpenter requested the Board consider the possibility of UVFD providing fire protection for the City of Uldah. This matter will be tentatively agendized for the April meeting. 11. Closed Session (GC 54954.5) at 8:41 p.m. The Board may consider matters of pending litigation (GC 54956.9), personnel (GC 54957) and/or labor relations (GC 54957.6). A. Evaluation of Performance of the Fire Chief per Board Policy Number 2009 and Government Code Section 54957. 12. Open Session - Discussion/Action at 8:56 p.m. A. Report of Closed Session (GC 54957.1) President Defatte reported that no action was taken during closed session. B. Public Employment Contract Amendment — Fire Chief — Discussion/Action The Board will discuss and possibly take action to amend the Employment Agreement with the Fire Chief. Chief Grebil explained that this amendment would delete the amounts currently reimbursed to him for State Disability Insurance and Medicare, which will amount to an approximate savings of $2,500.00 annually for the District. ACTION TAKEN Motion to approve contract amendment to the Fire Chief by Director Halstad; seconded by Director Carpenter. MOTION CARRIED UNANIMOUSLY. 13. Adjournment ACTION TAKEN Motion to adjourn by Director Buzzard; seconded by Director Halstad. MOTION CARRIED UNANIMOUSLY. Meeting adjourned at 8:59P.M. Kelly Dn am, Recording Secretary Ukiah Valley Fire District Board of Directors Meeting for March 9, 2011 Minutes C. APPARATUS REPORT • Only minor mechanical repairs were performed in February. D. PERSONNEL REPORT • Training topics for March are Auto Extrication, Defensive Driving, Vehicle Stabilization and First Aid. FAE Buckingham held Emergency Medical training on Tuesday, March 1St for Continuing Education (CE) hours. • UVFD hosted the County Fire Chiefs Basic Firefighter Academy on March 4" and 5th for Vehicle Anatomy and Auto Extrication. • UVFD Volunteer Firefighters Association will meet on the 31St. (5th Thursday) • Completed 29 Target Safety online courses in February. E. BOARD INFORMATION • On -duty personnel provided a fire safety presentation to thirty 3-5 year old children at Pinoleville Pre -School on February 11'1'. • Capt. Dearborn updated all District run map books for the emergency fleet. • On -duty and volunteer personnel provided fire safety presentations, during a fire station visit, to approximately fifty children, split into two groups, on March 3ra j UVFD hosted the organizational meeting for this year's Youth Emergency Services (YES) Camp on March 7th • Chief_Grebil's activities: o met with the City Manager and City Public Safety Director on Feb. 23rd-. The CM stated that she made a business decision, in August, to exclude Chief Grebil from discussions about the City's options for delivering fire protection. Her decision was based on a perception that Chief Grebil was not on her time frame. She said that the District could make a proposal to provide fire protection services to the City, and probably at a cost savings, but the District could not provide the level of service that the City currently has. o programmed ten new radio pagers for Comptche Volunteer FD on Feb. 23ra. o met with TCLD Architects and MTA Staff regarding MTA's proposed new maintenance facility on Feb. 23ra o UVFD staff meeting with a presentation from GSRMA regarding health insurance options on March 1St o met with Marvin Howard, John Attaway, Board Members Carpenter and Halstad to gain common interests at revising the current Fire Protection Mitigation Fee exemptions and exemptions to residential plan check/inspection -_--fees on March 2t'a o attended a City Council Workshop to hear the CM update the Council on their options for delivering fire safety and advanced life support services on March 0'. The CalFire options are too expensive ... $500K more annually without the ambulance service and $3M more annually for status quo. She is very pleased with the "great service" that the Fire Department currently provides and wants Ukiah Valley Fire District Board of Directors Meeting for March 9, 2011 �j Minutes to develop a "Business Model" to sustain it. The CM and Public Safety Director recommended establishing an AdHoc Committee of two Council Members and eventually members from the business community to develop the "Business Model" that would sustain the current level of service. They also recommended the committee explore placing a parcel tax on a ballot of between $100 and $150 that would raise between $500K -$600K annually and to look at enhancing ambulance revenue from its annual estimate of $500K - $600K. The CM stated that the City Firefighters had been briefed on these plans and that they were in full support. It was the consensus of the board to agendize cooperative fire services for the April 2011 meeting. o represented the County Fire Chiefs at a County Communication meeting on March 7th, hosted by Sheriff Allman, to define roles and responsibilities for the various county agencies for the overall county communication system. o attended County Fire Chiefs meeting at Fort Bragg Fire Dept. today. o meeting with County Executive Office staff and the County Planning and Building Director on March 11th to discuss their one-stop permit processing plan and how fire districts can be included. o scheduled to attend the Anti -Terrorism Approval Body (WMD Grant Committee) meeting on March 21" to identify continued funding of the �) Reverse 9-1-1 System. o scheduled to report to the County's Emergency Operations Center as part of the Statewide Tsunami Drill on March 23rd o scheduled to attend the second meeting of Golden State Risk Management Authority's (GSRMA) Fire District Advisory Committee on either March 28th or 29th in either Williams or Willows. The goal of this committee is to share risk management best practices among GSRMA Fire District members. GSRMA reimburses UVFD for mileage. Lee Howard encouraged the board to seek advice from legal counsel regarding the possible conflict of interest of Director Bushby participating in any discussions/decision making regarding Ukiah Vallee Fire District and Ukiah Fire Department having cooperative fire services. 10. Director's Report — Information/Discussion Director Halstad requested agendizing a board policy to authorize the Fire Chief to utilize the most cost-effective method available to notify the public for adjustment to fees. Chief Grebil stated that a policy would be drafted for board review. 11. Closed Session (GC 54954.5) The Board may consider matters of pending litigation (GC 54956.9), personnel (GC 54957) and/or labor relations (GC 54957.6). ITEM NO.: 13b MEETING DATE: November 16, 2011 AGENDA SUMMARY REPORT SUBJECT: FIRE SERVICES ALTERNATIVES Background: Explanation Regarding Cost Basis for Alternative Analysis: For the 2011/2012 Fiscal Year Budget, the Fire Department has an approved budget of $2.9 million. This number represents the cost to the General Fund for fire services. The Department currently receives revenues for operation of an ambulance service. This revenue is estimated at $537,000 for FY 2011/2012. With this revenue, the cost to operate the Department is $2.4 million for the current budget year. However, between one-time cost savings, that cannot be sustained (the budget eliminated cost such as hose replacements), and a temporary 10% salary reduction that was forecasted for all city employees, the $2.4 million dollar cost is understated significantly. Therefore, the analysis that appears later in this report, uses the figure of $2.8 million as a basis. This would have been the FY 2011/12 cost of the Fire services if the temporary measures were not in place. The comparison analysis, by using the full cost number of $2.8 million, does not overstate possible savings, and assures consistency between the costs being compared throughout the options analysis. The General Fund and Fire Services Funding: Funding for the Fire Department comes from two sources, the City's General Fund, with ambulance revenues included, and a 10 year general sales tax increase named Measure S. The City of Ukiah's General Fund revenue is a combination of Property Taxes, Sales Taxes and other forms of revenues, as well as local fees, licensing and other charges for services. In 2004, with declining revenues caused by the taking of local dollars by the State of California, the City of Ukiah began exploring a special tax to help fund public safety. In June of 2005, the Ukiah Community approved Measure S, a Y2 cent general sales tax, by 69% of the voters. This necessary general tax measure will sunset in 2015, unless reauthorized by the voters within the City of Ukiah. The Measure S revenue generated is vital in assisting in the funding of public safety and must continue. Continued on Page 2 Recommended Action(s): No Action Required, Provide Staff with further direction or follow-up as needed. Alternative Council ODtion(s): Citizens advised: Requested by: Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Ukiah Fire Department Overview and Service Delivery Options Report Approved: 9,Ta e Chambers, ity Manager Subject: Fire Services Alternatives Meeting Date: November 16`h, 2011 Along with Measure S, an accompanying advisory Measure T was approved by 81 % of voters, which asked, "Should additional funds for public safety, including police, fire and emergency medical services, be the first priority for the use of new sales tax revenues in the City of Ukiah?" For the Fire Department, these Measure S funds over the years have been utilized to hire additional personnel, one which was utilized to help reduce overtime costs, funding for the purchase of apparatus and equipment, and has placed $630,000 in savings for the future replacement of needed fire apparatus and vehicles. In 2009, the state and local economic crisis began to force many communities to re-examine the services they provide and how they are provided, as they struggled with the structural imbalance that existed between decreasing revenues and increasing expenditures. Because of budget difficulties, the City of Ukiah has initiated budget cuts, layoffs, salary concessions and other cost saving measures in all departments. Over the last three fiscal budgets, the Fire Department has experienced increasing budget reductions as a result in the loss of general fund revenue. The Fire Department has lost 3 full-time fire employees (1 Fire Chief, 1 Fire Marshall, and 1 over -hire Firefighter hired to reduce overtime costs). In addition to personnel savings, the department has deferred the purchase of vehicles, other equipment, has reduced training expenses by over 76%. Fire employees themselves, through their labor bargaining unit, have made significant contributions to cost reduction through salary reductions. These reductions will have occurred for a total of 33 months, or almost 3 years, by June, 2012. The amount of reduction had been 5% up to July 2011. Although a 10% reduction in salary was forecasted in the FY 2011/12 General Fund budget, and was based on a shortened work week for all non -safety personnel, negotiations with the Fire unit for FY 2011/12 actually resulted in a 5% reduction. This reduction continued what had been in place, with no reduction in work hours. This negotiated reduction expires with the close of the fiscal year. Although budget reductions have been implemented throughout the City of Ukiah including the fire department, these changes have not closed the gap between budgeted expenditures and the continuing recession's revenue shortfalls, which are now projected to occur on an annual basis for the next 2-3 years in the amount of $1 to 1.5M. With this ongoing fiscal crisis, and the need to further reduce expenditures in future years, the City of Ukiah has begun the difficult process of examining the services the City provides the community and any costs saving alternatives that may be available. The City Council is engaged in this process, and is currently conducting a series of strategic planning meetings to look at all general fund activities and costs. As part of this process, Staff has explored the key features of the fire and ambulance service, and has looked for potential cost saving alternatives in the delivery of Fire and EMS services. Discussion: Over the last two years, Staff has been researching and exploring cost saving options and alternatives in providing Fire and EMS services. This work has included meeting with the Ukiah Valley Fire District, CALFIRE and other Fire Service Experts to seek partnership opportunities, potential cost saving ideas and alternatives in providing Fire and EMS services. During these informal research meetings, staff discussed areas of common interest, ways to more effectively provide Fire and EMS services, partnerships between our neighboring agencies, other Subject: Fire Services Alternatives Meeting Date: November 16th, 2011 consolidation partnership efforts occurring within the State of California, and other fiscal and operations service -level efficiencies and effectiveness ideas. During meetings with potential partners and the evaluation of potential ideas, staff approached each possible solution or opportunity with a number of assessment factors in mind; • If possible, increasing fire service for the community, protecting the current level of service or at a minimum, continuing to provide an adequate level of service to the Ukiah community; which is in part funded by Measure S. • Alternatives that could provide long-term savings to the general fund. • Solutions which, if possible, avoided the lay-off of personnel. • Opportunities for "win-win" solutions, which could maintain local City of Ukiah control of our services and costs. In each case, staff's highest priority was to discover ways to reduce departmental costs, while keeping intact, or increasing the City's overall ability to provide Fire and EMS services to the Ukiah community. Staff has prepared an attachment to this staff report entitled "Ukiah Fire Department Overview and Service Delivery Options Report", listing alternatives for the City Council to consider and provide direction. Recommendations: Staff understands that many questions will arise from these alternatives, and many stake holders will need an opportunity to speak towards these options. To allow for further discussion, staff has scheduled this item to be considered for the next 5 City Council Meetings. No action required; receive report and provide staff with direction and follow-up research as appropriate. Fiscal Impact: ❑ Budgeted FY 11/12 ❑ New Appropriation ❑X Not Applicable ❑ Budget Amendment Required Ukiah Fire Department Overview /` • Service Delivery Options Report November, 2011 Introduction For the 2011/2012 Fiscal Year Budget, the Fire Department has an approved budget of $2,990,948. Funding for the Fire Department comes from two sources, the City's General Fund and a 10 year general sales tax increase named Measure S. The City of Ukiah's General Fund revenue is a combination of Property Taxes, Sales Taxes and other forms of revenues, as well as local fees, licensing and other charges for services. In 2004, with declining revenues caused by the taking of local dollars by the State of California, the City of Ukiah began exploring a special tax to help fund public safety. In June of 2005, the Ukiah Community approved Measure S, a '/ cent general sales tax, by 69% of the voters. This necessary general tax measure will sunset in 2015, unless reauthorized by the voters within the City of Ukiah. The Measure S revenue generated is vital in assisting in the funding of public safety and must continue. Along with Measure S, an accompanying advisory Measure T was approved by 81 % of voters, which asked, "Should additional funds for public safety, including police, fire and emergency medical services, be the first priority for the use of new sales tax revenues in the City of Ukiah?" For the Fire Department, these Measure S funds over the years have been utilized to hire additional personnel, one which was utilized to help reduce overtime costs, funding for the purchase of apparatus and equipment, and has placed $630,000 in savings for the future replacement of needed fire apparatus and vehicles. Over the last two years, Staff has been researching and exploring cost saving options and alternatives in providing Fire and EMS services to the Ukiah community. This work has included meeting with the Ukiah Fire Fighters Association, Ukiah Valley Fire District, CALFIRE and other fire service experts to seek partnership opportunities, potential cost saving ideas and alternatives in providing Fire and EMS services. During these informal research meetings, staff discussed areas of common interest, ways to more effectively provide Fire and EMS services, possible partnerships between our neighboring agencies, review of other consolidation efforts occurring within the State of California, as well as fiscal and operational efficiencies and effectiveness ideas. 2 During these meetings and discussions to evaluate potential ideas, staff approached each possible solution or opportunity with a number of assessment factors in mind; • If possible, would increase fire services, protect the current level of service or at a minimum, continue to provide an adequate level of service to the Ukiah community, which is in part funded by Measure S. • Alternatives that could provide long-term savings to the general fund. • Solutions which, if possible, avoided the lay-off of personnel. • Opportunities for "win-win" solutions, which could maintain local City of Ukiah control of our services and costs. In each case, staff's highest priority was to discover ways to reduce departmental costs, while keeping an adequate level of service or if possible increasing the City's overall ability to provide Fire and EMS services to the Ukiah community. This report will outline the work that was done to provide a number of potential solutions to the delivery of fire services, and provide a number of alternative options in providing Fire and EMS services, as well as budget reduction estimates. Background The Ukiah Fire Department is currently staffed with 15 Paid Fire Fighters, 20 Volunteer Fire Fighters, and an active youth Fire Explorer Post for youth interested in a fire service career. Paid members of the department are split into 3 shifts, of 5 members each. Paid personnel currently work 2 days (48 hours) on -duty, and 4 days off duty. The department requires minimum staffing of 4 personnel per shift, and the 5t" shift member significantly reduces the need for overtime caused by leave time incurred. Each shift provides minimum staffing for a 2 person ALS / Paramedic Fire Engine, and a 2 person ALS / Paramedic Transport Ambulance. In the case of a structure fire, ambulance personnel can leave the ambulance at the station and respond with a second fire engine or fire ladder truck. For administration of the department, one Division Chief is responsible for Operations of the Department, and a second Division Chief is responsible for the Department's EMS/Paramedic Program, and Department Training. Both Division Chiefs also share the responsibilities of "Duty Chief" who is always on-call to respond to and supervise fires and other related emergency services and ensure safety of personnel as Incident Commander. The Department currently also employees a part-time hourly Fire Marshall, to assist with fire code compliance and inspection duties. An Administrative Secretary is responsible for medical billing and other support related functions, and the Director of Public Safety splits supervision and budgetary duties between the Fire Department and Police Department. Staffing History Measure S - Start 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 Chief/ DOPS 1 1 1 1 0.5 0.5 0.5 Div Chiefs 2 2 2 2 3 3 2 Prevention Capt. 0 0 1 1 0 0 0 Capt, Eng. FF's 15 15 15 16 15 15 15 Admin Sec. 1 1 1 1 1 1 1 Total 19 19 20 21 19.5 19.5 18.5 In 2006, the Ukiah Fire Department completed a "Fire Protection and Emergency Services Master Plan" which was adopted by the Ukiah City Council. As a result of that plan, and identified needs within the department, staffing for the department was increased to include a Prevention Captain, and an additional fire fighter to reduce overtime expenses caused by leave time. In 2008, to reduce general fund costs, the Ukiah Fire Department returned to a Director of Public Safety model, the Prevention Captain position was converted to a third Chief Officer to assist with duties, and the over -hire firefighter position was eliminated within the budget. In 2010, with the retirement of the Fire Marshall position, the department eliminated the full time Fire Marshall - Division Chief position from the budget. Current Staffing Although the Department has an authorized staffing level of 15 fire fighter positions, one position has been vacant since the start of the budget year. This position remains vacant pending the financial outlook for the City and consideration of this report. Additionally, the department currently has two fire fighters out on long-term Workers Compensation related injuries. Because staffing has been reduced from 15 firefighters to 12 available firefighters, Staff worked closely with the Ukiah Paid Fire Fighters Association in developing an "On -Call Part-time" Assistance Program, to help to significantly reduce overtime expenses caused by firefighter leave time. This program utilizes a pool of on-call part-time personnel from the department's volunteer program to assist with staffing at a significantly reduced cost compared to overtime costs. 11 Department Capabilities and Service Demands The Ukiah Fire Department's paid personnel are both firefighters and trained Paramedics, who can perform Advanced Life Support (ALS) functions, through the department's Fire Companies and Transport Ambulances equipped to respond and provide ALS services. In 2010, the department responded to an average of 6.5 calls for emergency services per day; 2% for a Fire Emergency and 65% were for a Medical Emergency. In addition to Fire and Medical related calls, the department staff is fully trained to respond to Hazardous Material Incidents, Vehicle Extrications, Water Rescues, Building Collapse, Above and Below Ground Rescues, and other emergency related situations. Service Demands 2008 % 2009 % 2010 % Fire 42 1.57% 50 2.00% 55 2.31/ Explosion 7 0.26% 6 0.24% 4 0.17% Medical 1603 59.84/ 1519 60.83% 1561 65.51/ Hazardous Condition 51 1.90/ 52 2.08/ 60 2.52/ Service Assistance 473 17.66% 473 18.94/ 413 17.33% Good Intent 108 4.03% 208 8.33% 125 5.25/ False Alarm 390 14.56/ 186 7.45% 164 6.88/ Natural Disaster 1 0.04/ 1 0.04% 0 0.00% Other / Code Violations 4 0.15/ 2 0.08% 1 0.04% Total Calls for Service 2679 r 100.00% 2497 100.00% 2383 100.00% AVG per day: 7.3 6.8 6.5 Fire Department Fee Schedule The Ukiah Fire Department's current fee schedule was last updated in 1996, and is now 15 years old. This schedule provides the department with reimbursement for Fire Marshall and Fire Prevention activities. In FY 08/09 the department received $7,531 in Fire Prevention fees, FY 09/10 - $9,025 and in FY 10/11 the department received $10,467 in fees. 5 Ambulance Response and Revenue The Ukiah Fire Department started an ambulance transport service in 1991, and revenue from the program assists the fire department in partially funding this service. Over the last three years, the Department's ambulance transport revenue has been $512,160 in 2008, $521,889 in 2009, and $456,556 in 2010. Even though medical aid calls increased in 2010, revenue has decreased because of a number of factors. The most important factor is the demographics of the Ukiah community, commonly referred to as the "payer mix" which is served by the department's ambulance service. Over the last 3 years, over 85% the department's ambulance transports are for patients covered by MediCare and MediCal. Both MediCare and MediCal agencies limit their reimbursement rate for 911 first responder medical care and ambulance transportation, regardless of the ambulance companies adopted fee schedule; MediCare currently pays $430 for an ALS response and MediCal pays $140 for an ALS response. City of Ukiah Payor Mix 2008 2009 2010 Transports MediCare 784 55.29°/x 718 55.27%' 696 55.24% MediCal 425 29.97°/x 395 30.41%' 381 30.24% Insurance 114 8.04%' 95 7.31%' 97 7.70% Custody 19 1.34% 9 0.69% 8 0.63% Private Pay 76 5.36% 82 6.31% 78 6.19% Total 1418 1299 1260 Non Transports MediCare 7 6.14% 5 4.31% 7 4.40% MediCal 41 35.96% 39 33.62% 46 28.93% Insurance 18 15.79% 22 18.97% 34 21.38% Private Pay 48 42.11% 50 43.10% 72 45.28% Total 114 116 159 Another factor in determining revenue is the cost the department experienced in providing the service, in comparison to the fees it charges for the service. The department's ambulance fees were last approved by the City Council in April of 2007. Currently the department charges a base rate of $989.00 for each transport, in comparison to the rate charged by Ukiah Ambulance of $1,575.00 for the same ambulance transport. During this last year, staff has worked to review the City's ambulance rates to assure that they are appropriate relative to the cost of providing the service and to assure that all costs associated with providing the service were being considered in the development of the rate. A review was completed and revealed that the current rate structure is not keeping pace with the increase in costs. The analysis concluded that the actual rate that should be charged is $1,882.00 for each ALS transport. I Rate comparison ALS1 NR ALS2 NR BLSE1 NR Mileage Oxygen Assessment Ukiah (Current) $989.00 $989.00 $448.00 $14.00 $83.00 $213.00 Ukiah (Proposed) $1,882.00 $1,882.00 $853.00 $30.00 $100.00 $450.00 Ukiah Ambulance $1,575.00 $1,675.00 $800.00 $24.75 $80.00 n/a Fort Bragg Coast $1,406.00 $1,848.00 $1,180.00 $32.00 $107.00 $427.00 South Mendocino Coast $2,679.00 $3,126.00 $2,945.00 $3,681.00 $1,253.00 $1,567.00 $32.00 $148.00 $456.00 LakeShore - Lake County $825.00 $875.00 $825.00 $875.00 $475.00 $575.00 $18.00 $70.00 n/a Marin $1,256.00 $1,292.00 $959.00 $20.00 $91.00 $445.00 Southern Marin $1,219.00 $1,254.00 $931.00 $19.00 $88.00 n/a Sacramento Metro $1,400.00 $1,400.00 $1,400.00 $28.78 $119.58 n/a Chester $1,990.00 $1,990.00 $1,795.00 $29.50 $90.00 $400.00 Burney $1,365.00 $1,484.00 $1,111.00 $20.00 n/a n/a LaytomAlle $900.00 $900.00 $600.00 $21.00 $85.00 n/a COvelo n/a n/a $450.00 $15.00 $80.00 $100.00 Russian River $1,607.00 $1,607.00 $1,297.00 $24.50 $120.00 $200.00 Petaluma $922.43 $1,075.99 $1,075.99 $1,266.62 $714.86 $835.59 $18.64 $100.61 $294.41 Vacaville $890.00 $1,431.00 $890.00 $1,431.00 $773.00 $1,328.00 $21.50 $79.00 $1,087.00 Even with revising the ambulance transport rates, it is important to note that only about 8% of our department's payer mix who is fully insured, will pay the entire new proposed rates. Most (85%) of our payer mix is still covered by MediCare and MediCal, which only reimburses based on their approved rate schedule. The remaining 7% of our payers have no insurance or are eligible for MediCare and MediCal, and make payments towards their bill. Our collection rate for these private pay patients is approximately 20%. Departmental Fleet In 2009, the Fire Department accepted delivery of a new Quint -Ladder Truck, which is expected to be in service well past the year 2029. This $657,000 vehicle was funded with funds from Measure S. The department maintains 3 fire engines, to serve the Ukiah community. The department's 1St out engine was placed into service in 2006, and is scheduled to be replaced in 2026. The departments 2nd out engine, was placed into service in 1994 and is scheduled for replacement in 2014. The department's reserve engine, designed to be available if either of the two engines is being repaired, was placed into service in 1988 and was scheduled for replacement in 2008. The department also maintains 3 ambulances. The department's 1St out ambulance was placed into service in 2000 and is scheduled for replacement in 2012. The department's 2nd out ambulance was placed into service in 1996 and was scheduled for replacement in 2009. The department's reserve ambulance was purchased in 1993, and was scheduled for replacement in 2005. To reduce general fund expenditures, staff has been extending the life of all vehicles scheduled for replacement well past each vehicle's scheduled replacement date. Staff has been taking a proactive approach to extending the life of these vehicles, by increasing mechanical inspections, protecting and extending vehicle appearance and paint, increasing servicing and preventative maintenance cycles, and establishing a department apparatus committee to address, care, maintenance and replacement of these vehicles. The department also has accumulated approximately $630,000 in an apparatus replacement savings fund for the eventual replacement of the aforementioned apparatus and vehicles. Budget Reductions Over the last three years, the Ukiah Paid Fire Fighters Association (UPFFA) has been extremely proactive in assisting in reducing the Fire Department's general fund expenditures. The UPFFA membership and their leadership team have met with staff on countless occasions, to help brainstorm, plan and implement cost saving ideas. The solutions that Staff and the UPFFA created include; • Identifying ways to reduce training costs by 76%, from $50,000 annually to $12,500 annually. • Identifying ways to extend the Fire Fighter wellness and physical examination program to reduce cost. • Developing a plan to eliminate the department "small tools" budget. • Developing a plan to extend fire hose replacement. • Developing a plan to extend the life of Personnel Protective Equipment. • Developing a station facility improvement plan to improve living conditions and station cleanliness, without increased costs. • Assisting in the development of an on-going Core Values (Well Trained, Professionalism, Pride, and Service) and an on-going Strategic planning groups to improve the Fire Department. • Development of a reorganization plan to disburse Fire Marshall and Fire Prevention Services activities with the reduction of the Fire Marshall position. • Modifying the department's sick leave policy, to help reduce overtime expenses. • And, developing an "On -Call Part-time" Assistance Program, to help to significantly reduce overtime expenses when fire fighters are off work for work related injuries, by utilizing a pool of on-call part-time personnel from the department's volunteer program. In addition, to these measures, the UPFFA has worked extremely close with the Fire Department staff, to develop a plan to leave open an authorized Engineer promotional position, extend out vacant hazardous materials specialty pay assignments, and leave open a full-time fire fighter position; all to reduce costs. Most significantly, the UPFFA has agreed with the City of Ukiah, to over 33 months of salary reductions, in an effort to assist reducing general fund expenditures. Ukiah Valley Fire Protection District The Ukiah Valley Fire Protection District was formed in 1947, in response to growth in areas outside the City limits of Ukiah. A separate board of directors was created, but the District contracted with the City of Ukiah for fire protection activities. In 1989, the Fire District and the City dissolved their contractual relationship and the Fire District started its own fire department. Since the dissolution of the two departments, many attempts have been made to bring the department back together beginning in 2001, with efforts continuing through many different endeavors and good faith efforts until just recently when the UVFD Chief declined further discussions around the delivery of fire services, stating the mission of each department differs too much. I Fire Options Study — Continue Current Level of Staffing Current Budgeted Costs Service Level to Citv of Ukiah Current St ffing Model $ 2,851,393.00 1 Engine/ 1 Ambulance 15 FF, 5 Per Shift, with Ambulance Revenue 4 UFD Firefighters Min. Staffing 4 1UFDDuty Chief Description Currently, the Ukiah Fire Department has an authorized staff of 15 firefighters, 2 division chiefs, an administrative secretary and a director of public safety. In addition, the department's volunteer program has 20 members, and the department has an active young adult explorer program. Future funding of this model will require a continuation of Measure S funding. Service Level to City of Ukiah Daily, the Fire Department has the ability to respond to any emergency within the City of Ukiah with one ALS fire engine staffed with 2 personnel and one ALS ambulance transport with 2 personnel. Additionally, the department always has an on -duty Division Chief, who responds immediately to emergency situations and acts as the incident commander. All full time personnel are fully trained as paramedics and can perform at the advanced life support level. 10 Fire Options Study — Option # 1, 12 Fire Fighter Staffing Model 3tion Potential Adju - 12 FF Staffing Model $ (180,83; 12 FF, 4 Per Shift, w/Ambulance Min. Staffing 4 Description Add optional Proposed Amador Agreement Service Level to City of Ukiah 1 Engine/ 1 Ambulance 1 CALFIREAmador Engine $ 122,588.00 $ 58 249.37 w/Ambulance 4 UFD/2 CAL FIRE Amador Firefighters 1 UFD Duty Chief In this model, the Ukiah Fire Department would need to reduce staffing by 3 fire fighter personnel. The department would have an authorized staff of 12 firefighters, 2 division chiefs, an administrative secretary and a director of public safety. The department would continue to provide ambulance transportations services. Future funding of this model will require a continuation of Measure S funding. Service Level to City of Ukiah In this model, the Fire Department has the ability to respond to any emergency within the City of Ukiah with one ALS fire engine staffed with 2 personnel and one ALS ambulance transport with 2 personnel. With the addition of a CAL FIRE Amador contract, the department would also have the resource of one CAL FIRE engine with 2 personnel. Additionally, the department always has an on -duty Division Chief, who responds immediately to emergency situations and acts as the incident commander. 11 Fire Options Study — Option # 2, 9 Fire Fighter Staffing Model Add Optional Option Potential Adjustment Amador A reement $ 122,588.00 2 - 9 FF Staffing Model $ (118,343.27) $ 4,244.73 9 FF, 3 Per Shift, w/o Ambulance Min. Staffing 3 w/o Ambulance Description Proposed Service Level to Citv of Ukiah 1 Engine 1 CALFI RE Amador Engine 3 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief In this model, the Ukiah Fire Department would reduce staffing by 6 fire fighter personnel. The department would have an authorized staff of 9 firefighters, 2 division chiefs, an administrative secretary and a director of public safety. The department would stop providing ambulance transportation services. Future funding of this model will require a continuation of Measure S funding. Service Level to City of Ukiah In this model, the Fire Department would have the ability to respond to any emergency within the City of Ukiah with one fire engine staffed with 3 personnel. With the addition of a CAL FIRE Amador contract, the department would also have the resource of one CAL FIRE engine with 2 personnel. Additionally, the department always has an on -duty Division Chief, who responds immediately to emergency situations and acts as the incident commander. 12 Fire Options Study — Option # 3, 6 Fire Fighter Staffing Model Add Optional Option Potential Adjustment Amador Agreement $ 122,588.00 3 - 6 FF Staffing Model $(542,060.88) 19 472.88 6 FF, 2 Per Shift, w/o Ambulance Min. Staffing 2 nI.A bulance Description Proposed Service Level to City of Ukiah 1 Engine 1 CALFIRE Amador Engine 2 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief In this model, the Ukiah Fire Department would reduce staffing by 9 fire fighter personnel. The department would have an authorized staff of 6 firefighters, 2 division chiefs, an administrative secretary and a director of public safety. The department would stop providing ambulance transportation services. Future funding of this model will require a continuation of Measure S funding. Service Level to City of Ukiah In this model, the Fire Department would have the ability to respond to any emergency within the City of Ukiah with one fire engine staffed with 2 personnel. With the addition of a CAL FIRE Amador contract, the department would also have the resource of one CAL FIRE engine with 2 personnel. Additionally, the department always has an on -duty Division Chief, who responds immediately to emergency situations and acts as the incident commander. 13 Fire Options Study — Option # 4, CAL FIRE, 9 Fire Fighter Staffing Model Add Optional Proposed tion Potential Adjustment Amador Agreement Service Level to City of Ukiah $ 122,588.00 4 - CALFIRE - 9 FF Staffing Model $ 119 478.91 1 Engine 9 FF, 3 Per Shift, w/o Ambulance 1 CAM RE Amador Engine Mi n.Staffing3 Amador Included 3Ukiah CALFIRE/2CALFIREAmadorFirefighters 1CAL FIRE Duty Chief Description In this model, the Ukiah Fire Department would reduce staffing by 15 fire fighter personnel and one division chief, (a total of 16 personnel). The Department would have an authorized staff of 1 division chief to perform Fire Marshall / fire prevention services and administer the department's volunteer program. CAL FIRE would hire 9 of the department's personnel as CAL FIRE Personnel. Staffing of 9 fire fighter personnel would be contracted for through a CAL FIRE Contract. (*CAL FIRE assumes all supervisory functions, training of personnel, workers compensation and worker claims, and hiring and replacement of fire fighters in this model. The City will realize a possible savings with this change, which has not been accounted for.) CAL FIRE would also provide dispatching services for the Ukiah Fire Department, and hire 2 of the City's dispatch personnel. The department would stop providing ambulance transportation services. The department's volunteer program of 20 members and the department's young adult explorer program would remain operational. Built in to the contract proposal, the department would obtain additional staffing through an Amador Contract with CAL FIRE. Service Level to City of Ukiah In this model, the Fire Department would have the ability to respond to any emergency within the City of Ukiah with one fire engine staffed with 3 CAL FIRE personnel, and one CAL FIRE Amador staffed engine with 2 personnel. Additionally, the department would have a CAL FIRE on -duty Chief, who responds immediately to emergency situations and acts as the incident commander. At least one CAL FIRE, Fire Fighter would remain fully trained and equipped to perform Paramedic — Advance Life Support functions in the field. 14 Fire Options Study — Option # 5, CAL FIRE, 12 Fire Fighter Staffing Model Add Optional Proposed )tion Potential Adjustment Amador Agreement Service Level to City of Ukiah $ 122,588.00 CALFIRE-12 FF Staffing Model $ (101,289.91) 1Eng1ne/1Ambulance 12 FF, 4 Per Shift, w/ Ambu I a nce Min. Staffing No Amador Contract 4 Ukiah CAL FIRE 1 CAL FIRE Duty Chief Description In this model, the Ukiah Fire Department would reduce staffing by 15 fire fighter personnel and one division chief, (a total of 16 personnel). The Department would have an authorized staff of 1 division chief to perform Fire Marshall / fire prevention services and administer the department's volunteer program. CAL FIRE would hire 12 of the department's personnel as CAL FIRE Personnel. Staffing of 12 fire fighter personnel would be contracted for through a CAL FIRE Contract. (*CAL FIRE assumes all supervisory functions, training of personnel, workers compensation and worker claims, and hiring and replacement of fire fighters in this model. The City will realize a possible savings with this change, which has not been accounted for.) CAL FIRE would also provide dispatching services for the Ukiah Fire Department, and hire 2 of the City's dispatch personnel. The department would continue to provide ambulance transportation services. The department's volunteer program of 20 members and the department's young adult explorer program would remain operational. Built in to the contract proposal, the department would obtain additional staffing through an Amador Contract with CAL FIRE. Service Level to City of Ukiah In this model, the Fire Department would have the ability to respond to any emergency within the City of Ukiah with one ALS fire engine staffed with 2 CAL FIRE personnel, one ALS ambulance staffed with 2 personnel, and one CAL FIRE Amador staffed engine with 2 personnel. Additionally, the department would have a CAL FIRE on -duty Chief, who responds immediately to emergency situations. At least two CAL FIRE Fire Fighters would remain fully trained and equipped as Paramedics to perform advanced life support functions in the field. 15 FIRE OPTIONS SUMMARY CHART Current Budgeted Costs Current Staffing Model $ 2,851,393.00 15 FF, 5 Per Shift, with Ambulance Revenue Min. Staffing 4 ion ntial 1 - 12 FF Staffing Model $ (180,837.37 12 FF, 4 Per Shift, w/ Ambulance Min. Staffing 4 Current Service Level to Citv of Ukiah 1 Engine/ 1 Ambulance 4 UFD Firefighters 1 UFD Duty Chief Add Optional Proposed nt Amador Agreement Service Level to City of Ukiah $ 122,588.00 58 249.37'1 1 Engine/ 1 Ambulance w/ Ambulance 1 CALFIRE Amador Engine 4 UFD / 2 CAL FI RE Amador Firefighters 1 UFD Duty Chief 2 - 9 FF Staffing Model $ 118,343.27 $ 4,244.73 9 FF, 3 Per Shift, w/o Ambulance Min. Staffing 3 w/o Ambulance 3 - 6 FF Staffing Model $ 542,060.88 $ 419,472.88) 6 FF, 2 Per Shift, w/o Ambulance Min. Staffing 2 w/o Ambulance 4- CALFIRE-9 FF Staffing Model $ 119,478.91) 9 FF, 3 Per Shift, Min. Staffing w/o Ambulance Amador Included 5- CALFIRE- 12 FF Staffing Model $ (101,289.91) 12 FF, 4 Per Shift, w/ Ambulance Min. Staffing 4 No Amador Contract 1 Engine 1 CALFIRE Ama dor Engine 3 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFIRE Amador Engine 2 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFIREAmador Engine 3 Uki a h CAL FI RE / 2 CAL FIRE Amador Firefighters 1 CAL FIRE Duty Chief 1 Engine/ 1 Ambulance 4 Ukiah CAL FIRE 1 CALFIRE Duty Chief FIRE OPTIONS SUMMARY CHART Current Budgeted Costs Current Staffing Model $ 2,851,393.00 15 FF, 5 Per Shift, with Ambulance Revenue Min. Staff ing4 Potential Add Optional ment Amador A reement $ 122,588.00 1 - 12 FF Staffing Model $ (180,837.37) $ (58,249.37) 12 FF, 4 Per Shift, w/ Ambulance w/Ambulance Min. Staffing 2 - 9 FF Staffing Model $ (118,343.27) $ 4,244.73 9 FF, 3 Per Shift, w/o Ambulance Min. Staffi ng 3 w/o Ambulance 3 - 6 FF Staffing Model $ (542,060.88) $ (419,472.88) 6 FF, 2 Per Shift, w/o Ambulance Min. Staffing 2 w/o Ambulance 4 - CALFIRE - 9 FF Staffing Model $ (119,478.91) 9 FF, 3 Per Shift, Min. Staffing 3 w/o Ambulance Amador Included 5- CALFIRE -12 FF Staffing Model $ (101,289.91) 12 FF, 4 Per Shift, w/ Ambulance Min. Staffing 4 No Amador Contract 11-11 -1 xv vy� Current Service Level to City of Ukiah 1 Engine/ 1 Ambulance 4 UFD Firefighters 1 UFD Duty Chief Proposed Service Level to City of Ukiah 1 Engine/ 1 Ambulance 1 CALFIREAmador Engine 4 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFI RE Ama dor Engine 3 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFI RE Ama dor Engine 2 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFIREAmador Engine 3 Uki a h CAL FI RE / 2 CAL FI RE Amador Fi refi ghters 1 CAL FIRE Duty Chief 1 Engine/ 1 Ambulance 4 Ukiah CAL FIRE 1 CAL FI RE Duty Chief * Current Budgeted Costs and Potential Adjustments do not include annual $220,000 contribution to Capital Fund. * CAL FIRE proposals include Director of Public Safety Salary adjusted back to Police Fund. Current Budgeted Costs Current Staffing Model $ 2,851,393.00 15 FF, 5 Per Shift, with Ambulance Revenue Min. Staffing 4 Current Service Level to City of Ukiah 1 Engine/ 1 Ambulance 4 UFD Firefighters 1 UFD Duty Chief Total Fire Fighters 6 ion IAdd Optional Potential Adjustment Amador Agre 122,588.00 Proposed Service Level to City of Ukiah 1 - 12 FF Staffing Model $ 180,837.37) 1 Engine/ 1 Ambulance 1 CAM RE Ama dor Engine 4 UFD / 2 CAL FIRE Ama dor Firefighters 1 UFD Duty Chief $ (58,249.37) 12 FF, 4 Per Shift, w/ Ambulance Min. Staff ing4 w/Ambulance 2 - 9 FF Staffing Mo 9 FF, 3 Per Shift, Mi n. Sta ffi ng 3 IAdd Optional I Proposed Potential Adjustment Amador Agreement Service Level to City of Ukiah $ 122,588.00 $ (118,343.27) $ 4,244.73 1 Engine w/o Ambulance w/o AmbuIance 1 CALF] RE Ama d or Engi ne 3 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 3 - 6 FF Staffing Model 6 FF, 2 Per Shift, Min. Staffing 2 Potential Add Optional Proposed nt Amador Agreement Service Level to City of Ukiah $ 122,588.00 $ (542,060.88) $ (419,472.88) 1 Engine w/o Ambulance w/o Ambulance 1 CALF[RE Amador Engine 2 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief C 4 - CALFIRE - 9 FF Staffing Model 9 FF, 3 Per Shift, Min. Staffing 3 Potential Add Optional Proposed Amador Agreement Service Level to City of Ukiah $ 122 588.00 $ 119,478.91) 1 Engine w/o Ambulance 1 CALFIRE Ama dor Engine Amador Included 3 Ukiah CAL FIRE / 2 CAL FIREAmador Firefighters 1 CAL FIRE Duty Chief Add Optional Proposed on Potential Adjustment Amador Agreement Service Level to City of Ukiah $ 122,588.00 CALFIRE -12 FF Staffing Model $ 101,289.91 1 Engine / 1 Ambul a nce 12 FF, 4 Per Shift, w/ Ambulance Min. Staffing 4 No Amador Contract 4 Ukiah CAL FIRE 1 CAL FIRE Duty Chief FIRE OPTIONS SUMMARY CHART Current Budgeted Costs Current Staffing Model $ 2,851,393.00 15 FF, 5 Per Shift, with Ambulance Revenue Min. Staffi ng 4 on Potential Add Optional Amador Agreement $ 122,588.00 1 - 12 FF Staffing Model $ (180,837.37) $ 58,249.37) 12 FF, 4 Per Shift, w/ Ambulance w/ Ambulance Mi n. Staffi ng 4 2 - 9 FF Staffing Model $ (118,343.27) $ 4,244.73 9 FF, 3 Per Shift, w/o Ambulance Min. Staffing 3 w/o Ambulance 3 - 6 FF Staffing Model $ (542,060.88) $ (419,472.88) 6 FF, 2 Per Shift, w/o Ambulance Min. Staffing 2 w/o Ambulance 4 - CALFIRE - 9 FF Staffing Model $ (119,478.91) 9 FF, 3 Per Shift, Min. Staffing 3 w/o Ambulance Amador Included 5 - CALFIRE -12 FF Staffing Model $ (101,289.91) 12 FF,4 Per Shift, w/Ambulance Min. Staffing No Amador Contract Current Service Level to City of Ukiah 1 Engine/ 1 Ambulance 4 UFD Firefighters 1 UFD Duty Chief Proposed Service Level to City of Ukiah 1 Engine/ 1 Ambulance 1 CALF[ REAmador Engine 4 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFIREAmador Engine 3 UFD /2 CAL FI RE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFIREAmador Engine 2 UFD / 2 CAL FIRE Amador Firefighters 1 UFD Duty Chief 1 Engine 1 CALFIRE Amador Engine 3 Ukiah CAL FIRE / 2 CAL FIRE Amador Firefighters 1 CALFIRE Duty Chief 1 Engine/ 1 Ambulance 4 Ukiah CAL FIRE 1 CAL FI RE Duty Chief * Current Budgeted Costs and Potential Adjustments do not include annual $220,000 contribution to Capital Fund. * CAL FIRE proposals include Director of Public Safety Salary adjusted back to Police Fund. City nj' Tjkt rf ITEM NO.: 13c MEETING DATE: November 16, 2011 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $30,000 FOR ACQUISITION OF PROFESSIONAL SERVICES FROM LAMINAR ENERGY SERVICES, INC. FOR EVALUATION AND INSPECTION SERVICES FOR THE HYDRO ELECTRIC FACILITY AND REPORT OF EXPENDITURE IN THE AMOUNT OF $9500 FOR CONSULTING AND INSPECTION SERVICES ASSOCIATED WITH INITIAL INVESTIGATION. (EUD). Background: The Electric Utility Department is in need of additional technical assistance in the evaluation, planning and repair of the hydro plant's water supply system. Acquisition of professional services from Laminar Energy Services, Inc. is requested to ensure a timely repair. Discussion: Following the annual Coyote Dam inspection, a small amount of water was noticed ponding on the ground level immediately east of the generator building. The generators were taken out of service and tests were started the following day. From these tests, the water source was determined to be from the penstock area that transitions from a nine -foot diameter tunnel to four supply lines (12" - Fish Hatchery, 36" — Generator Unit #1, 54" — Generator Unit #2 and a 54" - bypass line). Subsequent internal tunnel inspections have been conducted and have not identified the source of the water. The penstock is constructed of mild steel with an inside coating to prevent corrosion and cement encasement on the outside for structural strength and to reduce corrosion. Due to this sandwich type construction and soil conditions, specialized excavation and technical expertise is required. This team, formerly with Source California Energy Services, Inc., now with Laminar Energy Services, Inc. was part of the 2005/06 plant refurbishment and has experience with these types of repairs. We continue to be in communication with NCPA and others in the industry for the best solution in testing and repair. The estimated cost for this work is $30,000 pending the final evaluation of the penstock and the water source. Fiscal Impact: Budgeted FY 11/12 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $50,000 Lake Mendo. Hydro Electric Plant 800.5536.250.000 Recommended Action(s): AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $30,000 FOR ACQUISITION OF PROFESSIONAL SERVICES FROM LAMINAR ENERGY SERVICES, INC. FOR EVALUATION AND INSPECTION SRVICES FOR THE HYDRO ELECTRIC FACILITY AND REPORT OF EXPENDITURE IN THE AMOUNT OF $9500 FOR CONSULTING AND INSPECTION SERVICES ASSOCIATED WITH INITIAL INVESTIGATION. (EUD). Alternative Council Option(s): Do not approve acquisition of professional services and provide direction to staff. Citizens advised: Requested by: Mel Grandi, Electric Utility Director Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager; Jim Bauer, Electrical Distribution Engineer Attachments: ,l Approved: Jane hambers, City Manager