CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY
TUESDAY, JUNE 15, 2021
REMOTE PARTICIPATION (SEE NEXT PAGE) Robert Brownstone, Mayor Debbie Ruddock, Vice Mayor Joaquin Jimenez, Councilmember Deborah Penrose, Councilmember Harvey Rarback, Councilmember
7:00 PM
This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration.
Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk.
Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271.
In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
http://hmbcity.com/
1 SPECIAL REMOTE PARTICIPATION PROTOCOLS
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. This meeting will be conducted entirely by remote participation, in compliance with the Governor's Executive Order N-29-20 allowing for deviation of teleconference rules required by the Ralph M. Brown Act.
This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://zoom.us/j/95535614263 or join by phone at 669-900-9128, using Webinar ID 955-3561-4263.
CALL TO ORDER / ROLL CALL
PUBLIC FORUM
PROCLAMATIONS AND PRESENTATIONS PRESENTATION OF EARTH DAY SCHOLARSHIP AWARD WINNERS MIDCOAST COMMUNITY COUNCIL UPDATE
MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE
REPORT OUT FROM RECENT CLOSED SESSION MEETINGS
CITY MANAGER UPDATES TO COUNCIL
1. CONSENT CALENDAR
1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES
1.B WARRANTS FOR THE MONTH OF MAY 2021
Staff Recommendation: Accept the warrants list for the month of May 2021.
STAFF REPORT
ATTACHMENT 1
1.C LICENSE AGREEMENT BETWEEN THE CITY OF HALF MOON BAY AND SAN FRANCISCO SURF LESSONS
Staff Recommendation: Adopt a resolution authorizing the City Manager to execute a License Agreement between the City of Half Moon Bay and San Francisco Surf Lessons to operate a surfing school and conduct commercial surfing lessons at Surfers Beach through December 31, 2022.
2 STAFF REPORT
RESOLUTION
1.D AMENDMENT TO AGREEMENT WITH ABUNDANT GRACE FOR THE FY 2021-22 COASTAL CLEANUP PROGRAM
Staff Recommendation: Adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the professional services agreement with Abundant Grace for coastal cleanup services, expanding the program through June 30, 2022.
STAFF REPORT
RESOLUTION
1.E FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT
Staff Recommendation: Adopt a resolution authorizing the City Manager to execute the First Amendment to the Solid Waste Franchise Agreement.
STAFF REPORT
RESOLUTION
1.F SB1 LOCAL STREETS AND ROAD IMPROVEMENT PROJECT LIST - FY 21-22
Staff Recommendation: Adopt a resolution approving the Pavement Management and Traffic Safety Program and the Poplar Complete Streets Project as the dedicated projects for Road Maintenance and Rehabilitation Account (RMRA) Funding.
STAFF REPORT
RESOLUTION
ATTACHMENT 2
1.G ANNUAL RENEWAL OF PUBLIC WORKS CONTRACTS
Staff Recommendation: Adopt resolutions authorizing the City Manager to execute professional service agreements with: 1) 4Leaf, Inc. (4 Leaf) for $186,000 for Public Works Construction Inspection services; 2) Peninsula Municipal Engineering, Inc. (PME) for $142,000 to provide project management of grant funded projects for the Eastside Parallel Trail Expansion project (0619) and the Highway 1 Safety – North project (0538); 3) West Coast Arborists (WCA) for $140,000 to provide tree trimming and tree removal services under Urban Forest Management Capital Program;
3 4) Community Services Group (CSG) Consultants for $107,500 to support the City’s National Pollutant Discharge Elimination System (NPDES) storm water program and regulatory permit requirements; and 5) American Debris Box for $85,000 to provide portable toilet services Citywide.
STAFF REPORT
RESOLUTION 1
RESOLUTION 2
RESOLUTION 3
RESOLUTION 4
RESOLUTION 5
1.H ANNUAL RENEWAL OF COMMUNITY DEVELOPMENT CONTRACTS
Staff Recommendation: Adopt resolutions authorizing the City Manager to execute professional service agreements through June 30, 2022 with: 1. 4LEAF, Inc. (4Leaf) for building plan check and inspection services in an amount of $231,122; and 2. Metropolitan Planning Group for contract planning services in an amount of $108,750.
STAFF REPORT
RESOLUTION 1
RESOLUTION 2
1.I PROFESSIONAL SERVICES AGREEMENT FOR THE EASTSIDE TRAIL (CIP NO. 595)
Staff Recommendation: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Alta Planning + Design Inc. for final design, permitting and environmental services for the Pacific Coast Bikeway Connectivity North Project (East-Side Trail Segment 4) in the amount of $115,197.
STAFF REPORT
RESOLUTION
1.J CREATION OF A LOT ACQUISITION AND RETIREMENT FUND
Staff Recommendation: Adopt a resolution approving establishment of a Lot Acquisition and Retirement Fund wherein the objective of the fund is to account for in-lieu fees and
4 applicable costs with the purpose of acquiring and retiring development rights on existing legal parcels.
STAFF REPORT
RESOLUTION
1.K RECEIPT OF LEGISLATIVE POSITION LETTERS
Staff Recommendation: Receive and file position letters for the Carter Park Renovation Project and State Budget Funding for Broadband.
STAFF REPORT
ATTACHMENT 1
2. ORDINANCES AND PUBLIC HEARINGS
2.A RESOLUTION ASSESSING THE LEVY FOR THE HALF MOON BAY BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-22
Staff Recommendation: Conduct a public hearing, consider any oral or written protests, and adopt a resolution assessing the levy for the Half Moon Bay Business Improvement District for Fiscal Year 2021-22.
STAFF REPORT
RESOLUTION
ATTACHMENT 2
3. RESOLUTIONS AND STAFF REPORTS
3.A DISCUSSION OF JIMENEZ-RARBACK REPORT ON POLICING AND PUBLIC SAFETY IN HALF MOON BAY
Staff Recommendation: Receive a presentation on the report from Councilmembers Jimenez and Rarback, receive public comment, discuss the report, and provide further direction as necessary.
STAFF REPORT
ATTACHMENT 1
5 3.B FISCAL YEAR 2021-2022 RECOMMENDED BUDGET
Staff Recommendation: Review the Recommended FY 2021-22 Budget document and approve resolutions to: 1) establish the GANN Appropriation Limit for FY 2021-22; 2) approve the City’s Review of the Investment Policy; and 3) adopt the FY 2021-22 Annual Operating and Capital Budget.
STAFF REPORT
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
3.C APPOINTMENT OF REDISTRICTING ADVISORY COMMITTEE MEMBERS
Staff Recommendation: By motion: 1) appoint seven members to the Redistricting Advisory Committee via ranked-by-number method; and 2) receive and file tentative calendar of meetings.
STAFF REPORT
ATTACHMENT 1
ATTACHMENT 2
3.D HALF MOON BAY BICYCLE / PEDESTRIAN ADVISORY COMMITTEE BY-LAWS AND APPOINTMENTS
Staff Recommendation: It is recommended that the City Council adopt a resolution approving changes to the Half Moon Bay Bicycle / Pedestrian Advisory Committee (BPAC) By-Laws and, by motion, consider the appointment of the following committee members:
Mario Rendon (Walking Enthusiast) Aaron Olson (Walking Enthusiast) Janet Rae-Dupree (Recreational Cyclist) Brandon White (Commuter Cyclist) Erik Schiller, (Recreational Cyclist) Carlene Foldenauer (Cabrillo Unified School District)
STAFF REPORT
6 RESOLUTION
ATTACHMENT 2
COMMISSION / COMMITTEE UPDATES
CITY COUNCIL REPORTS / ITEMS
ADJOURNMENT
7 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
From: Lisa Lopez, Administrative Services Director
TITLE: WARRANTS FOR THE MONTH OF MAY 2021 ______
RECOMMENDATION: Accept the warrants list for the month of May 2021.
STRATEGIC ELEMENT: This recommendation supports the Fiscal Sustainability and Inclusive Governance Element.
DISCUSSION: During this month, we processed 5 check runs. The first was on May 4, totaling $15,468.15. The second was on May 6, totaling $1,691,475.77. The third was on May 13, totaling $752,403.47. The fourth was on May 20, totaling $139,021.32. The fifth was on May 27, totaling $281,736.93. The total for the month was $2,880,105.64.
The City processed payments related to 9 capital improvement projects, in a total amount of $578,024.56. These projects include: Sewer Lift Upgrades, HWY 1 Safety/Traffic Reduction Improvements, Urban Forest Management Program, Carter Park Improvement, Poplar Beach Gateways Plan, Main Street Bridget Rehabilitation, Poplar Street Parallel Path, Corp Yard Improvements, Ocean Colony Pump Station Replacement.
Staff is also including a list of all payments above $30,000 processed during this reporting period, as listed in the table below.
ATTACHMENTS: Check Disbursement List by Check Date
8 City of Half Moon Bay Check Register - Summary HMB Page: 1 Check Issue Dates: 5/1/2021 - 5/31/2021 Jun 02, 2021 04:04PM
Report Criteria: Report type: Summary Check.Type = "Calculated","manual"
Check Number Vendor Number Payee Check Issue Date Amount Description
49316 3332 AMERICAN PORTABLES 05/06/2021 262.31 APR'21, FY20/21 PORTABLE RESTROOM FACILITIES 49317 266 BAGG ENGINEERS 05/06/2021 3,915.00 MAR'21, HWY 1 SOUTH SAFETY AND OPEARTIONAL IMPROVEM 49318 481 BIG CREEK LUMBER 05/06/2021 3,166.84 MAINT SUPPLIES 49319 3526 BIGGS CARDOSA ASSOCIATES INC 05/06/2021 31,947.77 MAR'21, PS&E AND ENVIRONMENTAL CLEARANCE FOR MAIN S 49320 5223 CAPITAL ONE TRADE CREDIT 05/06/2021 2,133.90 MAINT SUPPLIES 49321 4531 CITY-COUNTY COMMUNICATIONS & MKTG ASSOC. 05/06/2021 400.00 MEMBERSHIP-COLLEEN LETTIRE 49322 4086 COASTSIDE BUZZ 05/06/2021 500.00 COMMUNITY OUTREACH 49323 51 COASTSIDE COUNTY WATER DISTRICT 05/06/2021 6,595.83 HYDRANT 49324 957 COASTSIDE.NET 05/06/2021 141.70 INTERNET SERVICE 49325 3643 CORODATA RECORDS MANAGEMENT INC 05/06/2021 432.16 RECORDS MANAGEMENT 49326 1891 DIGITAL MAP PRODUCTS INC. 05/06/2021 14,612.52 DIGITAL MAPS 2021 SERVICE SUBSCRIPTION 49327 4398 ELS ARCHITECTURE & URBAN DESIGN 05/06/2021 7,977.30 MAR'21, ARCHITECTURAL DESIGN FOR CORP YARD 49328 321 FOLGER GRAPHICS INC. 05/06/2021 2,348.39 RECREATION PRINTING 49329 89 HALF MOON BAY COASTSIDE CHAMBER OF COM 05/06/2021 6,009.76 FEB'21 OOC BID 49330 89 HALF MOON BAY COASTSIDE CHAMBER OF COM 05/06/2021 6,749.00 MAR'21 OOC BID 49331 4267 IMPEC GROUP INC. 05/06/2021 18,225.08 APR'21, FY20/21 JANITORIAL & MAINTENANCE SERVICES 49332 1283 KATHY OLER 05/06/2021 1,900.00 MAY'21 TEMPORARY CITY PARKING LOT RENTAL 49333 5201 KIMLEY-HORN AND ASSOCIATES, INC 05/06/2021 1,700.00 MAR'21, FILBERT STREET WARRANT ANALYSIS 49334 291 LAURIE BECKER 05/06/2021 954.80 INSTRUCTOR PAYMENT ZUMBA GOLD 05/04/21-05/08/21 49335 3922 LLOYD A MCVICKER 05/06/2021 3,062.50 MAY'21 ANNEX RENT 49336 4028 LORAL LANDSCAPING INC. 05/06/2021 1,875.00 MAY'21 LANDSCAPE, MAINTENANCE, REPORTING SERVICES 49337 3746 MALCOLM C SMITH 05/06/2021 1,045.00 APR'21, COMMUNICATION CONSULTANT 49338 1206 MARK THOMAS & CO. INC. 05/06/2021 24,640.75 MAR'21, DEVELOP SEWER MAINTENANCE STRATEGIES 49339 457 OFFICE DEPOT INC. 05/06/2021 121.09 PW OFFICE SUPPLIES 49340 4472 ON POINT LANGUAGE SOLUTIONS LLC 05/06/2021 700.00 TRANSLATION SERVICES 49341 261 PETERSON POWER SYSTEMS 05/06/2021 5,922.51 CONTINUED BACK-UP GENERATOR SERVICES 49342 3951 PUBLIC PARKING ASSOCIATES INC 05/06/2021 185.00 MAINT SERVICE 49343 216 SAN MATEO COUNTY SHERIFF'S OFFICE 05/06/2021 1,502,401.00 Q4, FY20/21 LAW ENFORCEMENT SERVICES 49344 3757 SCHAFF & WHEELER 05/06/2021 2,692.50 MAR'21, OCEAN COLONY CONSTRUCTION SUPPORT FOR 20/2 49345 3519 SWCA INCORPORATED 05/06/2021 760.25 JAN'21-APR'21, CORP YARD BIOLOGICAL SUPPORT SERVICES 49346 1497 TURBO DATA SYSTEMS 05/06/2021 775.66 CITATION PROCESSING 49347 407 UNITED RENTALS NORTHWEST INC. 05/06/2021 495.65 MAINT SERVICE 49348 3701 V. W. HOUSEN & ASSOCIATES INC. 05/06/2021 36,826.50 FEB'21-MAR'21, FY20/21 SEWER SYSTEM SUPPORT SERVICES 49349 522 AMERICAN PLANNING ASSOCIATION 05/13/2021 788.00 MEMBERSHIP - J. EKAS 49350 444 ASSOCIATION OF BAY AREA GOVERNMENTS 05/13/2021 86.17 TRUE-UP ALLOCATION 49351 4464 AVENU MUNISERVICES 05/13/2021 385.95 SUTA Q4
M = Manual Check, V = Void Check 9 City of Half Moon Bay Check Register - Summary HMB Page: 2 Check Issue Dates: 5/1/2021 - 5/31/2021 Jun 02, 2021 04:04PM
Check Number Vendor Number Payee Check Issue Date Amount Description
49352 5168 BLEYLE ELEVATOR, INC 05/13/2021 190.00 MAINT SERVICE 49353 3975 COLANTUONO HIGHSMITH WHATLEY PC 05/13/2021 26,400.25 LEGAL SERVICES -SAM 49354 3082 COMCAST BUSINESS SERVICES SOLUTION 05/13/2021 1,418.79 CUSTOM INSTALLATION CHARGES 49355 1526 COUNTY OF SAN MATEO 05/13/2021 2,978.10 MAR'21 CITATION ALLOCATION 49356 5231 DERECHO AMELITO A 05/13/2021 30.00 CITATION REFUND, CIT# 20006692 49357 5215 EXTRAORDINARY BALANCE 05/13/2021 10,500.00 MAR'21 CONSULTANT AND FACILITATION ASSISTANCE 49358 3446 FLYERS ENERGY LLC 05/13/2021 1,047.30 VEHICLE FUEL 49359 2948 HIP HOUSING 05/13/2021 1,000.00 AFFORDABLE HOUSING GRANT 49360 2444 HOME DEPOT CREDIT SERVICES 05/13/2021 546.96 MAINT SUPPLIES 49361 3429 HUE & CRY INC 05/13/2021 696.90 SECURITY SERVICE 49362 103 KIKUCHI & ASSOC. 05/13/2021 1,502.50 APR'21, HWY1 SOUTH SAFETY AND OPEARATIONAL IMPROVE 49363 457 OFFICE DEPOT INC. 05/13/2021 82.78 PW OFFICE SUPPLIES 49364 3479 PARKEON INC 05/13/2021 52.50 MAINT SERVICE 49365 3956 PENINSULA MUNICIPAL ENGINEERING INC. 05/13/2021 22,072.00 JAN'21, ENGINEERING SERVICES, HWY 1 SOUTH SAFETY AND 49366 5219 RED CAR ANALYTICS 05/13/2021 740.00 03/09/21-05/03/21 HMB LIBRARY ZERO NET ENERGY SUPPORT 49367 5178 REDGWICK CONSTRUCTION COMPANY 05/13/2021 242,371.67 RETENTION APR'21, HWY1 SOUTH SAFETY AND OPEARTIONAL 49368 252 RICE TRUCKING-SOIL FARM INC. 05/13/2021 1,065.19 MAINT SUPPLIES 49369 2385 RON CARDOZA 05/13/2021 4,260.00 MAINT SERVICE 49370 217 SAN MATEO COUNTY INFORMATION SVCS. 05/13/2021 76.00 MICROWAVE SERVICE 49371 2337 SAN MATEO COUNTY PUBLIC SAFETY COMMUNIC 05/13/2021 64,993.00 Q4, FY20/21 PUBLIC SAFETY COMMUNICATIONS 49372 159 SEWER AUTHORITY MID-COASTSIDE 05/13/2021 363,963.67 MAY'21, SEWER COLLECTION SERVICE 49373 3101 SHRED-IT USA LLC 05/13/2021 155.74 RECORDS MANAGEMENT 49374 3955 TOWNSEND PUBLIC AFFAIRS 05/13/2021 5,000.00 APR'21, TOWNSEND PUBLIC AFFAIRS 49375 4270 4LEAF INC. 05/20/2021 8,403.53 APR'21, PLAN REVIEW AND BUILDING INSPECTIONS 49376 4300 AT&T 05/20/2021 1,496.44 PHONE SERVICE 49377 5232 BARBARA MORRIS 05/20/2021 595.00 CLASS REFUND 07/05/21-07/09/21, 07/19/21-07/23/21 49378 4115 BIG BELLY SOLAR INC 05/20/2021 1,269.56 MAY'21, FY20/21 SMART TRASH RECEPTACLES 49379 3626 BKF ENGINEERS 05/20/2021 295.50 APR'21 CORP YARD PROFESSIONAL SERVICES 49380 220 CA DEPT OF CONSERVATION 05/20/2021 1,200.81 SMIP Q3 FY20/21 RESORT FEE 49381 1826 CA DEPT OF JUSTICE 05/20/2021 32.00 FINGERPRINT APPS 49382 32 CA DEPT OF TRANSPORTION 05/20/2021 3,436.74 SIGNALS & LIGHTING 49383 668 CA STATE CONTROLLER'S OFFICE 05/20/2021 3,500.00 FY20/21 ANNUAL STREET REPORT 49384 3090 CALIFORNIA BUILDING STANDARDS COMMISSION 05/20/2021 353.70 BSASRF Q3 FY20/21 RETAINER 49385 4086 COASTSIDE BUZZ LLC 05/20/2021 500.00 APR'21, COMMUNITY OUTREACH 49386 3975 COLANTUONO HIGHSMITH WHATLEY PC 05/20/2021 10,398.00 LEGAL SERVICES -SAM 49387 2743 CORA 05/20/2021 2,573.00 CORA CONTRIBUTION FY20/21 49388 3776 DAVID J POWERS & ASSOCIATES INC 05/20/2021 3,007.50 JAN'21, CARTER PARK IMPROVEMENTS 49389 4398 ELS ARCHITECTURE & URBAN DESIGN 05/20/2021 19,983.02 APR'21, CARTER PARK PHASE 2 DESIGN SERVICES 49390 4633 GRANICUS 05/20/2021 2,703.54 GRANICUS SERVICE 49391 2564 HALF MOON BAY GRADING & PAVING INC. 05/20/2021 3,900.19 MAINT SERVICE
M = Manual Check, V = Void Check 10 City of Half Moon Bay Check Register - Summary HMB Page: 3 Check Issue Dates: 5/1/2021 - 5/31/2021 Jun 02, 2021 04:04PM
Check Number Vendor Number Payee Check Issue Date Amount Description
49392 82 HALF MOON BAY REVIEW 05/20/2021 236.25 PUBLIC NOTICE PDP-21-010 49393 1645 HUFFMAN-BROADWAY GROUP INC 05/20/2021 13,013.83 APR'21, POPLAR BEACH GATEWAYS PLAN 49394 5233 JUAN CARLOS SALAZAR 05/20/2021 38.08 MILEAGE REIMUBSEMENT-PHYSICAL EXAM 49395 2699 KONICA MINOLTA BUSINESS SOLUTIONS 05/20/2021 2,270.63 MAY'21, PRINTER AND SCANNER LEASE AGREEMENT 49396 4293 LOCKWORKS UNLIMINTED INC 05/20/2021 945.16 IT MAINT SERVICE 49397 4642 MARIK ENTERPRISES LLC 05/20/2021 120.00 PRE-EMPLOYMENT REPORT 49398 3934 MITEL 05/20/2021 2,714.31 SHERIFF SUBSTATION PHONE SERVICE 49399 4489 MTA PARTS INC. 05/20/2021 20.91 VEHICLE PARTS 49400 137 PACIFIC GAS & ELECTRIC 05/20/2021 21,496.81 555 KELLY ST 49401 3956 PENINSULA MUNICIPAL ENGINEERING INC. 05/20/2021 29,370.00 APR'21, PROJECT MANAGEMENT SERVICES FOR EASTSIDE PA 49402 5177 PRINT INNOVATIONS, INC. 05/20/2021 441.45 PRINT SERVICE 49403 5020 QUADIENT FINANCE USA, INC 05/20/2021 15.00 POSTAGE 49404 3519 SWCA INCORPORATED 05/20/2021 1,772.75 APR'21, NESTING BIRD SURVEYS 49405 1817 TURF STAR INC. 05/20/2021 1,442.29 MAINT SUPPLIES 49406 3004 VERIZON WIRELESS 05/20/2021 308.32 MOBILE SERVICES 49407 4429 WESTERN EXTERMINATOR COMPANY 05/20/2021 1,167.00 PEST CONTROL 49408 4270 4LEAF INC. 05/27/2021 16,114.35 APR'21, BUILDING INSPECTIONS AND PLAN REVIEW SERVICES 49409 2022 ACC BUSINESS 05/27/2021 776.44 INTERNET SERVICE 49410 5237 ALEJANDRA WARREN 05/27/2021 510.00 WORKSHOP INTERPRETATION AND TRANSLATION 49411 3332 AMERICAN PORTABLES 05/27/2021 7,198.59 MAY'21, FY20/21 PORTABLE RESTROOM FACILITIES 49412 3526 BIGGS CARDOSA ASSOCIATES INC 05/27/2021 10,441.61 APR'21, PREPERATION OF PS&E AND ENVIRONMENTAL CLEAR 49413 5223 CAPITAL ONE TRADE CREDIT 05/27/2021 33.39 REC MAINT SUPPLIES 49414 3086 DIRECTV LLC 05/27/2021 190.21 DIRECTV SERVICE 49415 76 HALF MOON BAY BUILDING & GARDEN 05/27/2021 46.30 MAINT SUPPLIES 49416 5234 KATHLEEN BAKER 05/27/2021 36.00 CLASS REFUND 05/13/21-06/03/21 49417 1283 KATHY OLER 05/27/2021 1,900.00 JUN'21 TEMPORARY CITY PARKING LOT RENTAL 49418 5235 LIANA MUZZI 05/27/2021 36.00 CLASS REFUND 05/13/21-06/03/21 49419 3922 LLOYD A MCVICKER 05/27/2021 3,062.50 JUN'21 ANNEX RENT 49420 5236 M.J. MANGIARELLI 05/27/2021 24.00 CLASS REFUND 05/18/21-06/01/21 49421 3069 MANAGED HEALTH NETWORK 05/27/2021 304.00 EAP 49422 2573 MARIAN POTT 05/27/2021 1,540.00 INSTRUCTOR PAYMENT TINY TYKES 04/05/21-05/24/21 49423 1206 MARK THOMAS & CO. INC. 05/27/2021 3,712.96 MAY'21, HWY1 SOUTH SAFETY AND OPERATIONAL IMPROVEM 49424 3726 NICHOLAS LASZKIEWICZ 05/27/2021 765.00 TRANSLATION SERVICES 49425 2997 NICHOLS CONSULTING ENGINEERS CHTD 05/27/2021 6,023.75 APR'21, POPLAR STREET PEDESTRIAN PATHWAY PROJECT 49426 4590 PENINSULATORS, INC 05/27/2021 1,765.00 MAINT SERVICE 49427 3328 PET WASTE ELIMINATOR 05/27/2021 568.10 MAINT SUPPLIES 49428 5165 RANGER PIPELINES INCORPORATED 05/27/2021 173,139.40 RETENTION OCEAN COLONY REHAB AND REPLACE SEWER F 49429 3757 SCHAFF & WHEELER 05/27/2021 3,600.00 APR'21, OCEAN COLONY CONSTRUCTION SUPPORT FOR 20/21 49430 1760 STEPFORD 05/27/2021 15,115.00 JUL'21, FY20/21 IT SERVICES 49431 3519 SWCA INCORPORATED 05/27/2021 8,748.00 APR'21, POPLAR PEDESTRIAN PATHWAY PROJECT
M = Manual Check, V = Void Check 11 City of Half Moon Bay Check Register - Summary HMB Page: 4 Check Issue Dates: 5/1/2021 - 5/31/2021 Jun 02, 2021 04:04PM
Check Number Vendor Number Payee Check Issue Date Amount Description
49432 4487 THE HOME DEPOT PRO 05/27/2021 872.83 MAINT SUPPLIES 49433 3701 V. W. HOUSEN & ASSOCIATES INC. 05/27/2021 11,313.50 APR'21, FY20/21 SEWER SYSTEM SUPPORT SERVICES 49434 3871 WEST COAST ARBORISTS INC 05/27/2021 13,900.00 APR'21, TREE MAINTENANCE SERVICES 49443 3923 WELLS FARGO 05/04/2021 15,468.15 04/07/21 STICKER MULE M
Grand Totals: 120 2,880,105.64
Report Criteria: Report type: Summary Check.Type = "Calculated","manual"
M = Manual Check, V = Void Check 12 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Matthew Chidester, Deputy City Manager Corie Stocker, Management Analyst
TITLE: LICENSE AGREEMENT BETWEEN THE CITY OF HALF MOON BAY AND SAN FRANCISCO SURF LESSONS ______
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a License Agreement between the City of Half Moon Bay and San Francisco Surf Lessons to operate a surfing school and conduct commercial surfing lessons at Surfers Beach through December 31, 2022.
FISCAL IMPACT: If approved the License Agreement will provide approximately $2172 to the general fund over the next two fiscal years.
STRATEGIC ELEMENT: This recommendation supports the Healthy Communities and Public Safety Element of the City Council Strategic Plan.
BACKGROUND: Chapter 9.75 of the City of Half Moon Bay Municipal Code limits the commercial use of City beaches, parks, and trails through a license agreement or permitting process to ensure:
1. Commercial enterprises are managed in a way that protects public health and safety; 2. Access for residents and visitors is protected; and 3. City resources are used in a financially sustainable manner.
The City of Half Moon Bay owns Surfers Beach, which is located at the north end of the City along Highway 1. The City encourages activities at its beaches to enable residents and visitors to enjoy the outdoors, exercise, and socialize safely. The City currently has licenses with four surf schools that operate at Surfers Beach, providing individual and group surf lessons, water safety training, and environmental stewardship education. San Francisco Surf Lessons has requested a license to begin operating a commercial surf school at Surfers Beach this summer.
13 Each of the four existing schools have been informed of the additional license and they will continue to coordinate with each other for safe operations on the beach and in the water. Each school wears different colored vests with a coordinating flag to signify their school on the beach and all have the same student to instructor ratio. If approved, all five surf schools will be authorized to provide lessons at Surfers Beach until December 31, 2022.
DISCUSSION: The License Agreement between the City of Half Moon Bay and San Francisco Surf Lessons includes the following requirements:
1. A term beginning with the effective date and ending on December 31, 2022 2. Annual payment of $1,379 (prorated in 2021), with a 3% increase per year 3. City business license 4. Certificate of Insurance 5. Approved hours of operation 6. Red Cross certification for all instructors 7. Proper ratio and identification of instructors and students 8. Participant waivers approved by the City
San Francisco Surf Lessons has met all requirements for the License Agreement. Staff recommends the City Council authorize the City Manager to execute the License Agreement.
ATTACHMENT: Resolution authorizing the City Manager to execute a License Agreement between the City of Half Moon Bay and San Francisco Surf Lessons to operate a surfing school and conduct commercial surfing lessons at Surfers Beach through December 31, 2022
14 Resolution No. C-2021-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY AND SAN FRANCISCO SURF LESSONS TO OPERATE A SURFING SCHOOL AND CONDUCT COMMERCIAL SURFING LESSONS AT SURFERS BEACH THROUGH DECEMBER 31, 2022
WHEREAS, the City of Half Moon Bay Municipal Code prohibits commercial sale of goods or services on city beaches except as licensed by the city; and
WHEREAS, San Francisco Surf Lessons operates an instructional surf school and seeks to operate said school on city-owned Surfer’s Beach; and
WHEREAS, San Francisco Surf Lessons has met all requirements to receive a License Agreement from the City of Half Moon Bay to operate an instructional surf school.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager or his designee to execute a License Agreement with San Francisco Surf Lessons.
***************************************************************************** I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on this 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
15 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: John Doughty, Public Works Director Veronika Vostinak, Sustainability Analyst
TITLE: AMENDMENT TO AGREEMENT WITH ABUNDANT GRACE FOR THE FY 2021-22 COASTAL CLEANUP PROGRAM ______
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the professional services agreement with Abundant Grace for coastal cleanup services, expanding the program through June 30, 2022.
FISCAL IMPACT: The proposed agreement will result in an annual cost of $110,000 in FY 2021-22. The funding has been included in the draft Public Works Operating Budget for FY 2021-22.
STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and Inclusive Governance Elements of the Strategic Plan.
BACKGROUND: In November 2017, the City Council and community identified litter cleanup, primarily at Poplar Beach and along the Coastal Trail, as a critical community need.
On December 5, 2017, the City Council considered a plan put forth by staff to address coastal clean-up through a collaboration with Abundant Grace (http://abundantgracecw.org). At this meeting, the City Council directed staff to enter negotiations for a one-year pilot program for Abundant Grace to provide clean-up services along the Coastal Trail and beach between Seymour Bridge and Kelly Avenue. The scope of work includes emptying trash cans, cleaning and clearing the area around the trash cans, removing graffiti, and picking up trash on the beach and trail.
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16 On November 20, 2018, per the City Manager’s authority, staff executed Amendment No. 1 to that agreement. This amendment included: 1) extension of the agreement to June 30, 2020; and 2) expansion of services to include portions of Poplar Street, Kelly Avenue, Pilarcitos Avenue and the area adjacent to Pilarcitos Creek near the Strawflower Shopping Center.
Due to the program’s overall success and positive response from the community, staff brought Amendment No. 2 to Council on June 4, 2019. Council approved this amendment, increasing the program budget to $80,000 for FY 19-20. This increase allowed for further expansion of services and the ability to offer work opportunities to a greater number of candidates.
On June 16, 2020, a new agreement was approved by Council to expand the program at the same rate through FY 21-22.
On May 4, 2021, Council approved the Amendment No. 1 to the new agreement to allow for an increase in budget to $110,000 annually. This change allowed the number of Clean Team workers from 4-5 individuals to 6-8 individuals per session and provide more scheduling regularity. The program remains successful and offers work opportunities to many individuals that identify as homeless or extremely low-income.
DISCUSSION: Abundant Grace’s work has been beneficial to the City as both an enhancement to the City’s maintenance operations and as a social service. The work of Abundant Grace is supplemental to work of the Public Works Maintenance and the scope of work has been developed to ensure limited (or no duplication of efforts). The work includes litter clean-up in areas impacted by beach goers and schools; areas that are not typically covered by City staff due to prioritization of health, life safety issues and regular maintenance of City parks and facilities.
Throughout the COVID-19 pandemic, significantly more visitor traffic has been observed in the areas served by the program. The City expects this trend to continue through the summer and beyond as more people become vaccinated and travel restrictions are lifted.
Abundant Grace expanded the Coastal Clean Team program throughout FY 20-21 to provide more regular work opportunities for more individuals each session. From July 2020 – March 2021, the Coastal Clean Team provided employment opportunities to 73 homeless or extremely low-income individuals and has removed over 20,000 pounds of trash from the City’s beaches, neighborhoods, and the coastal trail and has added additional services such as emptying the City’s cigarette butt receptacles and recycling the collected cigarette butts through Terracycle.
The Second Amendment to the Coastal Clean Team agreement will continue to fund the program at $110,000 and extend the program through June 30, 2022 with a slightly expanded scope. Additions to the scope include include Miramontes and Surfer’s beach as additional clean-up sites, as well as adding new quarterly reporting requirements to better quantify some of the social benefits of the program. Some of these new metrics include the number of work
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17 program participants that have transitioned to temporary or permanent housing, full or part time employment, and/or sobriety and recovery programs.
ATTACHMENT: Resolution
Page 3 of 3
18 Resolution No. C-2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABUNDANT GRACE FOR THE COASTAL CLEAN-UP PROGRAM
WHEREAS, on February 6, 2018, the City Council authorized staff to execute a professional services agreement with Abundant Grace to provide a one-year Coastal Clean-Up Pilot Program for Poplar Beach and the Coastal Trail; and
WHEREAS, the agreement was amended on February 25, 2019 to extend the expiration of the contract to June 30, 2019 instead of March 1, 2019; and
WHEREAS, on June 4, 2019 the City Council authorized staff to allocate $80,000 in the FY 2019-20 Operating Budget for the Coastal Clean-Up Program and execute Amendment No. 2 to the contract with Abundant Grace to 1) extend the agreement to June 30, 2020; and 2) expand services to include portions of Poplar Street, Kelly Avenue, Pilarcitos Avenue and the area adjacent to Pilarcitos Creek near the Strawflower Shopping Center; and
WHEREAS, on June 16, 2020 the City Council authorized staff to allocate $80,000 in the FY 2020-21 Operating Budget for the Coastal Clean-Up Program and execute a new agreement with Abundant Grace to extend the program to June 30, 2021; and
WHEREAS, on May 4, 2021, the City Council authorized the City Manager to execute Amendment No. 1 to the professional services agreement through June 30, 2021 with Abundant Grace increasing the amount of contract from $80,000 to $110,000 for the Coastal Clean-Up Program for FY 2020-21; and
WHEREAS, the City Council continues to value this program and believes that continuing to fund an expanded program is desirable and warranted; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council authorizes staff to allocate $110,000 in the FY 2021-22 Operating Budget for the Coastal Clean-Up Program and execute Amendment No. 2 to the contract with Abundant Grace to 1) extend the agreement to June 30, 2022; and 2) expand services to include portions of Surfer’s Beach and Miramontes Beach including any adjacent access points and/or City-owned parking lots.
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19 I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
20 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: John Doughty, Public Works Director Jennifer Chong, Public Works Program Manager
TITLE: FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT ______
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute the First Amendment to the Solid Waste Franchise Agreement.
FISCAL IMPACT: There is no fiscal impact associated with this action.
STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and the Inclusive Governance Elements of the Strategic Plan.
BACKGROUND: On January 31, 2017, the City and R3 Consulting Group, Inc. (R3), the City’s solid waste consultant, released a Request for Proposals (RFP) for Residential and Commercial Garbage, Recyclable Material, and Organic Waste Collection Services. After a thorough review of the proposals, interviews with the applicants, and a request for best and final offers (BAFOs), staffed received authorization from the City Council to enter negotiations with the highest ranked proposer, Republic Services (Republic).
Staff, R3, and Republic engaged in extensive negotiations in the following months before agreeing on the final terms of the Franchise Agreement. On September 5, 2017, the City Council passed Resolution No. C-2017-68 authorizing the Mayor to sign and execute a 10-year Franchise Agreement with Republic Services to provide solid waste (garbage, recycling, and organics) collection services. This agreement went into effect April 1, 2018.
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21 DISCUSSION: The Franchise Agreement (Agreement) is a comprehensive document that consists of 51 articles and 11 exhibits, totaling 159 pages. Due to the City Council’s foresight to include several optional programs in the Agreement (e.g. food scraps), the City is in a strong position to comply with new State legislation (e.g. SB 1383) without having to negotiate any major revisions. That said, contracts of this size and scope typically require minor amendments following implementation to address changes in operations and needs. The First Amendment to the Agreement seeks to document operational changes that have been implemented since the start of the Agreement and to clarify language throughout the document. The changes are considered administrative and technical clarifications in nature with the most notable changes summarized below.
Section 4.02.1.1 - Consumer Price Index (CPI) Adjustment Calculation This section of the agreement outlines the process for calculating the annual adjustments to the service recipient rates. The current agreement did not fully incorporate two key decisions made during negotiations: 1) simplifying the calculation for the annual rate adjustment and 2) pushing back the start date of the Agreement.
As part of the negotiations, the City and Republic agreed to tie the annual rate adjustments to the annual change in the Consumer Price Index (CPI) [All Urban Consumers] (base years 1982- 1984 = 100) San Francisco-Oakland-Hayward instead of doing separate calculations for every element of the service recipient rates. While the correct index is referenced in the Agreement, the calculation to determine the annual adjustment is unclear. This Amendment clarifies this section to clearly explain the process that has been used by staff over the term of the agreement to verify the annual rate adjustments since the start of the Agreement. The minimum and maximum adjustments to the rates will not change and remain at 1% and 4%, respectively.
This section is also being revised to include updated deadlines that align with the April 1 - March 31 contract year. The existing deadlines reflect the Agreement’s originally proposed contract year of January 1 – December 31 and does not provide an appropriate timeline for Republic to review the annual CPI report and submit their annual rate request.
Section 7.10 - Household Hazardous Waste (HHW), Sharps, and E-Waste Collection and Recycling and Section 10.05 – Compost Giveaway and Shred Events These sections describe the additional services Republic provides Half Moon Bay residents at no additional charge to assist them in properly disposing materials that are not accepted in the curbside collection program. The Agreement includes two compost giveaways, two document shredding events, and two collection events for household hazardous waste (HHW), sharps and e-waste.
In the process of implementing these programs, staff was made aware of three significant developments: 1) staff learned that there were extremely prohibitive training requirements and event procedures required to host temporary HHW and sharps collection events that went
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22 beyond the anticipate scope of the Agreement; 2) staff learned that San Mateo County Health was certified to host temporary HHW collection events and that they were willing to partner with the City on an annual Coastside event at no additional cost to the City or its residents; and 3) staff learned that the sharps collection box at Coastside Fire District was no longer being sponsored by the County of San Mateo and was scheduled for decommission.
With this new information, staff negotiated with Republic to remove the requirement to host two temporary HHW and sharps collection events from the Agreement in exchange for their sponsorship of the permanent sharps collection program at the Coastside Fire District. Republic also agreed to add an additional document shredding event and provide outreach and support for the HHW collection event the City would host in partnership with San Mateo County Health. Republic began sponsoring the permanent sharps program in September 2020 and added a supplemental document shredding location at Senior Coastsiders during the City’s recent Earth Day Recycling Event.
Section 10.08 - Street Sweeping Services The language included in this section requires Republic to perform street sweeping service within two (2) working days of refuse collection. This provision, at times, resulted in street sweeping occurring on the same day as collection services, which did not provide optimal conditions for street sweeping as carts are often left out at the curb until the evening on the day of collection. The amended language provides greater scheduling flexibility for street sweeping with the stipulation that street sweeping follows a designated scheduled that is approved by staff and does not occur on the same day as collection service in residential areas.
Conclusion As mentioned previously, this Amendment is not making any substantive changes to the Agreement, but rather updating sections to reflect current practices. Adopting the Amendment will formalize the changes that have been made at the staff level, increasing transparency of services and clarifying roles and expectations for both Republic and the City moving forward.
ATTACHMENT: Resolution (Amendment included as Exhibit A)
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23 Resolution No. C-2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE FIRST AMENDMENT TO THE FRANCHISE AGREEMENT WITH REPUBLIC SERVICES INC. FOR RESIDENTIAL AND COMMERCIAL GARBAGE, RECYCLABLE MATERIAL AND ORGANIC WASTE COLLECTION SERVICES
WHEREAS, the City entered into a ten-year Franchise Agreement for Residential and Commercial Garbage, Recyclable Material and Organic Waste Collection Services with Republic Services on September 5, 2017; and
WHEREAS, minor changes to the Agreement are necessary to adapt to new information and needs that have been identified through the implementation of the first 3 years of the agreement; and
WHEREAS, the City and Republic Services wish to amend the agreement to reflect the current operations and practices;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to sign and execute the First Amendment to the Franchise Agreement for Residential and Commercial Garbage, Recyclable Material and Organic Waste Collection Services with Republic Services as included in Exhibit A.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
24
AMENDMENT 1 TO
FRANCHISE AGREEMENT
For
RESIDENTIAL AND COMMERCIAL GARBAGE, RECYCLABLE MATERIAL AND ORGANIC WASTE COLLECTION SERVICES
Between
CITY OF HALF MOON BAY
And
BFI Waste Systems
of North America, LLC
25 FRANCHISE AGREEMENT
ORDINANCE NO. ______FRANCHISE AGREEMENT FOR COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES IN THE CITY OF HALF MOON BAY, CALIFORNIA
THIS FRANCHISE AGREEMENT (“Agreement”), was is made and entered into at Half Moon Bay, California, this the ____ 5th day of ______September 2017, (the “Effective Date”) by and between the City of Half Moon Bay, hereinafter referred to as “CITY,” and BFI Waste Systems of North America, LLC, a California Corporation, dba Republic Services of San Mateo County, a wholly-owned subsidiary of Republic Services, Inc. hereinafter referred to as “CONTRACTOR” and on this ___ day of ____, 2021 is amended to clarify certain provisions.
RECITALS: WHEREAS; the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“Act”) and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for garbage collection within their jurisdiction; and, WHEREAS; the State of California has found and declared that the amount of garbage generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible State agency, and all local agencies, to promote disposal site diversion and to maximize the use of feasible garbage reduction, re-use, recycling, and composting options in order to reduce the amount of garbage that must be disposed of in disposal sites; and, WHEREAS; pursuant to its Charter and California Public Resources Code Section 40059(a) as may be amended from time to time, CITY has determined that the public health, safety, and well-being require that an exclusive right be awarded to a qualified contractor to provide for the collection of garbage, recyclable materials, and organic waste materials, except for collection of materials excluded in CITY’S Municipal Code, and other services related to meeting the Act’s 50 percent diversion goal and other requirements of the Act; and, WHEREAS; CITY further declares its intent to regulate the maximum rates CONTRACTOR may charge customers for the collection, transportation, processing, recycling, composting, and/or disposal of garbage, recyclable materials, and organic waste materials; and, WHEREAS; the City Council has determined that CONTRACTOR, by demonstrated experience, reputation and capacity, is qualified to provide for the collection of garbage, recyclable materials, and organic waste materials within the corporate limits of CITY, the transportation of such material to appropriate places for processing, recycling, composting and/or disposal; and City Council desires that CONTRACTOR be engaged to perform such services on the basis set forth in this Agreement; and, WHEREAS; CONTRACTOR, has represented that it has the ability and capacity to provide for the collection of garbage, recyclable materials, and organic waste materials within the corporate limits of CITY; the transportation of such material to appropriate places for processing, recycling, composting and/or disposal; and the processing of materials.
Page 2 of 85 26 FRANCHISE AGREEMENT
Now, therefore, in consideration of the mutual covenants, conditions and consideration contained herein, CITY and CONTRACTOR hereby agree as hereinafter set forth below:
Page 3 of 85 27 FRANCHISE AGREEMENT
1 TABLE OF CONTENTS 2 ARTICLE 1. DEFINITIONS ...... 75 3 ARTICLE 2. TERM OF AGREEMENT ...... 1513 4 ARTICLE 3. SERVICES PROVIDED BY CONTRACTOR ...... 1514 5 ARTICLE 4. CHARGES AND RATES ...... 2322 6 ARTICLE 5. DIVERSION REQUIREMENTS ...... 29 7 ARTICLE 6. SERVICE UNITS ...... 32 8 ARTICLE 7. SFD COLLECTION SERVICES ...... 3233 9 ARTICLE 8. MFD COLLECTION SERVICES ...... 37 10 ARTICLE 9. COMMERCIAL COLLECTION SERVICES ...... 3839 11 ARTICLE 10. ADDITIONAL COLLECTION SERVICES ...... 4243 12 ARTICLE 11. COLLECTION ROUTES ...... 5152 13 ARTICLE 12. COLLECTION VEHICLES ...... 52 14 ARTICLE 13. CUSTOMER SERVICE ...... 5354 15 ARTICLE 14. PUBLIC OUTREACH SERVICES ...... 5455 16 ARTICLE 15. EMERGENCY SERVICE PROVISIONS ...... 5657 17 ARTICLE 16. RECORD KEEPING & REPORTING REQUIREMENTS ...... 5657 18 ARTICLE 17. NONDISCRIMINATION ...... 5961 19 ARTICLE 18. SERVICE INQUIRIES AND COMPLAINTS ...... 6061 20 ARTICLE 19. QUALITY OF PERFORMANCE OF CONTRACTOR ...... 6061 21 ARTICLE 20. BILLING AUDIT AND PERFORMANCE REVIEWS ...... 6465 22 ARTICLE 21. PERFORMANCE BOND ...... 6667 23 ARTICLE 22. INSURANCE ...... 6667 24 ARTICLE 23. INDEMNIFICATION ...... 6970 25 ARTICLE 24. DEFAULT OF AGREEMENT ...... 7173 26 ARTICLE 25. MODIFICATIONS TO THE AGREEMENT ...... 7576 27 ARTICLE 26. LEGAL REPRESENTATION ...... 7778 28 ARTICLE 27. FINANCIAL INTEREST ...... 7778 29 ARTICLE 28. CONTRACTOR'S PERSONNEL ...... 7779
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30 ARTICLE 29. EXEMPT WASTE ...... 7879 31 ARTICLE 30. INDEPENDENT CONTRACTOR ...... 7879 32 ARTICLE 31. LAWS TO GOVERN ...... 7880 33 ARTICLE 32. CONSENT TO JURISDICTION ...... 7880 34 ARTICLE 33. ASSIGNMENT ...... 7880 35 ARTICLE 34. COMPLIANCE WITH LAWS ...... 7981 36 ARTICLE 35. PERMITS AND LICENSES ...... 7981 37 ARTICLE 36. OWNERSHIP OF WRITTEN MATERIALS ...... 8081 38 ARTICLE 37. WAIVER ...... 8081 39 ARTICLE 38. PROHIBITION AGAINST GIFTS ...... 8082 40 ARTICLE 39. POINT OF CONTACT ...... 8082 41 ARTICLE 40. CONFLICT OF INTEREST ...... 8082 42 ARTICLE 41. NOTICES ...... 8082 43 ARTICLE 42. TRANSITION TO NEXT CONTRACTOR ...... 8183 44 ARTICLE 43. CONTRACTOR’S RECORDS ...... 8183 45 ARTICLE 44. ENTIRE AGREEMENT ...... 8284 46 ARTICLE 45. SEVERABILITY ...... 8284 47 ARTICLE 46. RIGHT TO REQUIRE PERFORMANCE ...... 8284 48 ARTICLE 47. ALL PRIOR AGREEMENTS SUPERSEDED ...... 8284 49 ARTICLE 48. HEADINGS ...... 8384 50 ARTICLE 49. EXHIBITS ...... 8384 51 ARTICLE 50. REPRESENTATIONS AND WARRANTIES ...... 8385 52 ARTICLE 51. EFFECTIVE DATE ...... 8486 53 54 EXHIBIT 1 Maximum Service Rates (April 1, 2018 – March 31, 2019) 55 EXHIBIT 1A SFD Residential Rates 56 EXHIBIT 1B MFD Residential Rates 57 EXHIBIT 1C Commercial Rates 58 EXHIBIT 2 City Service Units 59 EXHIBIT 3 City-Supported Events 60 EXHIBIT 4 City Street Sweeping Locations
Page 5 of 85 29 FRANCHISE AGREEMENT
61 EXHIBIT 5 Detailed Rate Review Methodology 62 EXHIBIT 6 Transition Plan 63 EXHIBIT 7 Operations Plan 64 EXHIBIT 8 Customer Service Plan 65 EXHIBIT 9 Diversion Plan 66 EXHIBIT 10 Education and Outreach Plan 67 EXHIBIT 11 Vehicle and Container Inventory and Replacement Schedule
68 69
Page 6 of 85 30 FRANCHISE AGREEMENT
70 ARTICLE 1. Definitions 71 For the purpose of this Collection Service Agreement, hereinafter referred to as "Agreement", the 72 definitions contained in this Article shall apply unless otherwise specifically stated. If a word or 73 phrase is not defined in this Article, the definition of such word or phrase as contained in the CITY 74 Municipal Code shall control. When not inconsistent with the context, words used in the present 75 tense include the future, words in the plural include the singular, and words in the singular include 76 the plural. Use of the masculine gender shall include the feminine gender. 77 1.01 AB 341. State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 78 requires businesses, defined to include commercial or public entities that generate more than 4 79 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or 80 more to arrange for recycling services, on and after July 1, 2012. AB 341 requires jurisdictions, 81 on and after July 1, 2012, to implement a commercial solid waste recycling program. 82 1.02 AB 939. The California Integrated Waste Management Act of 1989, codified in part 83 at Public Resources Code §§ 40000 et seq., as it may be amended and as implemented by the 84 regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or 85 its successor agency. 86 1.03 AB 1594. State of California Assembly Bill No. 1594 approved September 28, 2014. 87 AB 1594 provides that the use of green material as Alternative Daily Cover does not constitute 88 diversion through recycling and would be considered disposal. 89 1.04 AB 1826. State of California Assembly Bill No. 1826 approved September 28, 2014. 90 AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste 91 recycling program to divert organic waste from businesses. Each business meeting specific 92 organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 1, 93 2020 is required to arrange for organic waste recycling services. 94 1.05 Agreement. This written document and all amendments thereto, between CITY and 95 CONTRACTOR, governing the provision of Collection Services as provided herein. 96 1.06 Agreement Year. Each twelve (12) month period from April 1st to March 31st during 97 the term of this Agreement, beginning April 1, 2018. 98 1.07 Alternative Daily Cover (ADC). Landfill cover material and at least six (6) inches of 99 earthen material, placed on the surface of the active face of the refuse fill area at the end of each 100 operating day to control vectors, fires, odor, blowing litter and scavenging, as defined in Title 27 101 of the California Code of Regulations (C.C.R.) Section 20164. 102 1.08 Beneficial Reuse. Using a waste byproduct or other low-value material for a 103 productive use, other than ADC/AIC, at a landfill within regulatory guidelines. Examples include 104 demolition waste that is used as road base or cell wall construction. 105 1.09 Biohazardous or Biomedical Waste. Any waste which may cause disease or 106 reasonably be suspected of harboring pathogenic organisms; included are waste resulting from 107 the operation of medical clinics, hospitals, and other facilities processing wastes which may 108 consist of, but are not limited to, human and animal parts, contaminated bandages, pathological 109 specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. 110 1.10 Brown Goods. Electronic equipment such as stereos, televisions, VCRs, Personal 111 Data Assistants (PDAs), telephones, and other similar items not containing cathode ray tubes 112 (CRTs).
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113 1.11 Bulky Waste. Includes Large Items; Large Green Waste; discarded furniture; carpets; 114 mattresses; household appliances including refrigerators, ranges, washers, dryers, water heaters, 115 and dishwashers and other similar items; large household goods including lawn and garden 116 equipment (drained of fluids), bicycles and other similar large personal items. Bulky Waste does 117 not include Exempt Waste or Construction and Demolition Debris. 118 1.12 Business Service Unit. All business, retail, professional, office, wholesale and 119 industrial facilities, and other commercial enterprises. 120 1.13 Change in Law(s). Any change in (or any new) laws, ordinances, rules, regulations, 121 orders, judgments, decrees, interpretations, decisions or permit requirements, of or by any 122 federal, state or local governmental entity (collectively, “Applicable Laws”), after the date hereof. 123 1.14 CITY. The City of Half Moon Bay, California. 124 1.15 City Collection Service. City Garbage Collection Service, City Recycling Collection 125 Service, City Organic Waste Collection Service, and City Debris Box Collection Service. 126 1.16 City Debris Box Collection Service. The Collection in Debris Boxes of City Garbage, 127 Recyclable Materials, or Organic Waste generated by City Services Units, Collected and delivered 128 by CONTRACTOR to an appropriate processing facility or Disposal Facility. 129 1.17 City Garbage Collection Service. The Collection of Garbage generated from City 130 Service Units that is Collected and delivered to the Disposal Facility by CONTRACTOR. 131 1.18 City Organic Waste. Green Waste and Food Waste separated at the source of 132 generation for inclusion in CITY Organic Waste Collection Service program. 133 1.19 City Organic Waste Collection Service. The Collection of City Organic Waste, 134 generated from City Service Units, that is Collected and delivered to the Organic Waste 135 Processing Facility by CONTRACTOR. 136 1.20 City Recycling Collection Service. The Collection of Recyclable Materials, generated 137 from City Service Units, that is Collected and delivered to the Materials Recovery Facility by 138 CONTRACTOR. 139 1.21 City Representative. The City Manager, or his/her designee, authorized to administer 140 and monitor the provisions of this Agreement. 141 1.22 City Service Unit. Those CITY properties or locations as set forth in Exhibit 2, “City 142 Service Units”, which is attached to and included in this Agreement. 143 1.23 City Street. Public streets within the CITY, as designated by the CITY 144 Representative. CITY Streets include large arterials, major collectors, and residential streets 145 throughout the CITY. 146 1.24 Collection. The process whereby Garbage, Recyclable Materials, Organic Waste and 147 Construction and Demolition Debris are removed and transported to a Disposal Facility, an 148 Organic Waste Processing Facility, or a Materials Recovery Facility, as appropriate. 149 1.25 Collection Services. Single-Family Collection Service (SFD), Multi-family Collection 150 Service (MFD), City Collection Service, and Commercial Collection Service. 151 1.26 Commercial Collection Service. Commercial Garbage Collection Service, 152 Commercial Recycling Collection Service, Commercial Organic Waste Collection Service, and 153 Commercial Debris Box Collection Service.
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154 1.27 Commercial Debris Box Collection Service. The Collection in Debris Boxes of 155 Commercial Garbage, Recyclable Materials, or Organic Waste by CONTRACTOR from 156 Commercial Service Units in the Service Area, and the delivery of collected Commercial Debris 157 Boxes to an appropriate processing facility or disposal facility. 158 1.28 Commercial Organic Waste. Green Waste and Food Waste separated at the source 159 of generation for inclusion in the Commercial Organic Waste Collection Service program. 160 1.29 Commercial Organic Waste Collection Service. The Collection of Commercial 161 Organic Waste by CONTRACTOR from Commercial Service Units in the Service Area, and the 162 delivery of that Commercial Organic Waste to an Organic Waste processing facility. 163 1.30 Commercial Recycling Collection Service. The Collection of Recyclable Materials by 164 CONTRACTOR from Commercial Service Units in the Service Area, the delivery of those 165 Recyclable Materials to a Materials Recovery Facility, and the processing and marketing of those 166 Recyclable Materials. 167 1.31 Commercial Service Unit. Business Service Units that utilize a Garbage Cart or Bin 168 for the accumulation and set-out of Garbage. 169 1.32 Commercial Garbage Collection Service. The Collection of Garbage by 170 CONTRACTOR, from Commercial Service Units in the Service Area, and the delivery of that 171 Garbage to the Disposal Facility. 172 1.33 Compactor. Any Debris Box Container or Bin, which has a compaction mechanism, 173 whether stationary or mobile. 174 1.34 Composting. The controlled biological decomposition of Organic Waste into a 175 specific mixture of decayed organic matter used for fertilizing or soil conditioning. 176 1.35 Construction and Demolition Debris. Commonly used or discarded materials 177 removed from construction, remodeling, repair, demolition, or renovation operations on any 178 pavement, house, commercial building, or other structure, or from landscaping. Such materials 179 include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, 180 aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, 181 concrete, copper, electrical wire, fiberglass, Formica, granite, iron, lead, linoleum, marble, plaster, 182 plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, 183 remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, 184 building materials, packaging and rubble resulting from construction, remodeling, renovation, 185 repair and demolition operations on pavements, houses, commercial buildings and other 186 structures. Construction and Demolition Debris does not include Exempt Waste. 187 1.36 Construction and Demolition Debris Processing Facility. Any facility selected by 188 CONTRACTOR that is operated and legally permitted for the purpose of receiving and processing 189 Construction and Demolition Debris. 190 1.37 CONTRACTOR. Republic Services of San Mateo County. 191 1.38 County. San Mateo County, California. 192 1.39 Consumer Price Index (CPI). The index published by the U.S. Department of Labor, 193 Bureau of Labor Statistics, Series Id: CUURA422SA0, Not Seasonally Adjusted, All Items, All 194 Urban Consumers (CPI-U) for San Francisco-Oakland-San Jose, California. 195 1.40 Curb Sweeping. A complete sweep of all curbs and Median Islands on all publicly 196 maintained CITY Streets.
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197 1.41 Customer. Means a Service Recipient that receives Collection Services under the 198 terms of this Collection Service Agreement. 199 1.42 Debris Box Collection Service. Collection utilizing 10 to 40 cubic yard containers, on 200 a temporary or permanent basis, and provided to Service Units for the Collection of Garbage, 201 Recyclable Materials, and Organic Waste, and for the delivery of that material to an appropriate 202 facility. 203 1.43 Debris Box Container. A metal container that is normally tipped loaded onto a motor 204 vehicle and transported to an appropriate facility. 205 1.44 Detailed Rate Review. The review and adjustment of Maximum Service Rates in 206 accordance with the methodology specified in Exhibit 5. 207 1.45 Disposal Facility. Any facility selected by CONTRACTOR and approved by CITY, or 208 specifically designated by CITY, that is operated and legally permitted for the purpose of 209 accepting materials for disposal. The initial Disposal Facility is the Ox Mountain Landfill, located 210 at 12310 San Mateo Rd, Half Moon Bay, CA 94019. 211 1.46 Dwelling Unit. Any individual living unit in a single-family dwelling (SFD) or multi- 212 family dwelling (MFD) structure or building intended for, or capable of being utilized for, residential 213 living other than a Hotel or Motel. 214 1.47 Effective Date. April 1, 2018. 215 1.48 E-Waste. Discarded electronics equipment such as cell phones, PDAs, computers, 216 monitors, televisions, and other items containing cathode ray tubes (CRTs), LCD or plasma 217 screens and monitors. 218 1.49 Exempt Waste. Biohazardous or Biomedical Waste (including Sharps), Hazardous 219 Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal 220 combustion engines, and those wastes under the control of the Nuclear Regulatory Commission. 221 1.50 Food Waste. Food scraps and trimmings and other putrescible waste that results 222 from food production, preparation, storage, consumption or handling. Food Waste includes but is 223 not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, Stable Matter, 224 acceptable food packaging items such as pizza boxes, paper towels, waxed cardboard and food 225 contaminated paper products. Food Waste does not include Exempt Waste. 226 1.51 Garbage. All putrescible and non-putrescible solid, semi-solid and associated liquid 227 waste, as defined in California Public Resources Code Section 40191. Garbage does not include 228 Recyclable Materials, Organic Waste, Construction and Demolition Debris, Bulky Waste, or 229 Exempt Waste. 230 1.52 Garbage Bin. A metal or plastic container, with a capacity of one (1) cubic yard up 231 to, and including, six (6) cubic yards, designed or intended to be mechanically dumped into a 232 loader packer type garbage truck that is approved for such purpose by CITY. Garbage Bins may 233 also include Compactors that are owned by the MFD or Commercial Service Unit wherein the 234 MFD or Commercial Collection Service occurs. 235 1.53 Garbage Cart. A heavy plastic receptacle with a rated capacity of at least twenty 236 (20) gallons and not more than ninety-six (96) gallons, having a hinged tight-fitting lid and wheels, 237 that is approved by the City Representative (if different from those currently in use by 238 CONTRACTOR) for use by Service Recipients for Collection Services under this Agreement.
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239 1.54 Green Waste. Any vegetative matter resulting from normal yard and landscaping 240 maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in 241 diameter and fits in the Organic Waste Cart utilized by the Service Recipient. Green Waste 242 includes plant debris, such as Palm, Yucca and Cactus, ivy, grass clippings, leaves, pruning, 243 weeds, branches, brush, Christmas trees, and other forms of vegetative waste and must be 244 generated by and set out for Collection at the Service Unit where the Green Waste is collected. 245 Green Waste does not include items herein defined as Exempt Waste. 246 1.55 Gross Revenue. All revenue amounts collected by CONTRACTOR for the provision 247 of Collection Services pursuant to this Agreement, calculated in accordance with Generally 248 Accepted Accounting Procedures (GAAP). The term Gross Revenue, for purposes of this 249 Agreement, does not include any revenues generated from the sale of Recyclable Material, or 250 other receipts from state and local government accounts (e.g. grants, cash awards and rebates) 251 resulting from the performance of this Agreement. 252 1.56 Hazardous Waste. Any material which is defined, regulated or listed as “hazardous”, 253 “toxic”, a “pollutant”, or words of similar import waste under California or United States law or any 254 regulations promulgated pursuant to such law, as such state or federal law or regulations may be 255 amended from time to time; and “designated waste” as defined in California Water Code Section 256 13173. 257 1.57 Household Hazardous Waste (HHW). HHW includes dry cell household batteries, 258 cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; 259 cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; cleaning products, 260 pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strippers, 261 adhesives, auto batteries, and Universal Waste. 262 1.58 Kitchen Food Waste Pail. A plastic receptacle with a rated capacity not exceeding 263 one and one-half (1.5) gallons, having a hinged lid, suitable for use in a SFD or MFD Service Unit 264 for temporary storage of SFD and MFD Organic Waste that is approved for such purpose by CITY. 265 1.59 Large Items. Those materials including furniture, carpets, mattresses, White Goods, 266 Brown Goods, E-Waste, clothing, tires without rims, Green Waste, and Large Green Waste which 267 are attributed to the normal activities of a SFD Service Unit, MFD Service Unit, or City Service 268 Unit. Large Items must be generated by and set out for Collection at the Service Unit where the 269 Large Items are collected. Large Items do not include items herein defined as Exempt Waste. 270 1.60 Large Green Waste. Oversized Green Waste such as tree trunks and branches with 271 a diameter of not less than six (6) inches and not more than two (2) feet and a length of not more 272 than six (6) feet in its longest dimension, and not weighing more than seventy (70) pounds, which 273 are attributed to the normal activities of a SFD, MFD, or City Service Unit. Large Green Waste 274 must be generated by and set out for Collection at the Service Unit where the Large Green Waste 275 is collected. 276 1.61 Material Change In Law(s). A Change in Law(s) that (a) results in a cumulative 277 increase in CONTRACTOR’s allowable costs of operation, or a reduction in CONTRACTOR’s 278 Agreement Year Gross Revenue over two (2) consecutive years period, of at least Seventy-Five 279 Thousand Dollars ($75,000), and (b) relates specifically to any aspect of the solid waste industry 280 (including, for the avoidance of doubt and without limitation, changes to the California Integrated 281 Waste Management Act (CIWMA), changes to CalRecycle regulations, or changes to other 282 Applicable Laws relating specifically to any aspect of “solid waste handling,” “solid waste disposal” 283 or “solid waste facilities,” as such terms are defined in the CIWMA).
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284 1.62 Materials Recovery Facility (MRF). Any facility selected by CONTRACTOR, and 285 approved by CITY, or specifically designated by CITY, that is designed, operated, and legally 286 permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclable 287 Materials for sale. The initial MRF is the Newby Island Resource Park, located at 1601 Dixon 288 Landfill Road, Milpitas, CA 95035. 289 1.63 Maximum Service Rates. The maximum amount that CONTRACTOR may charge 290 Service Recipients for Collection Services, as listed in Exhibit 1 and as may be adjusted in 291 accordance with the provisions of this Agreement. 292 1.64 MFD Collection Service. MFD Garbage Collection Service, MFD Recycling Service, 293 MFD Organic Waste Collection Service, MFD Bulky Waste Collection Service, and MFD Debris 294 Box Collection Service. 295 1.65 MFD Debris Box Waste Collection Service. The Collection in Debris Boxes of MFD 296 Garbage, Recyclable Materials, or Organic Waste by CONTRACTOR from MFD Service Units in 297 the Service Area, and the delivery of Collected MFD Debris Boxes to an appropriate processing 298 facility or disposal facility. 299 1.66 MFD Bulky Waste Collection Service. The periodic on-call Collection of a 300 combination of Large Items Collected by CONTRACTOR, from MFD Service Units in the Service 301 Area and the delivery of those Large Items to a Disposal Facility, Materials Recovery Facility, 302 Organic Waste Processing Facility or such other facility as may be appropriate under the terms 303 of this Agreement. MFD Bulky Waste Collection Service can include the Collection of Large Items 304 through the use of Debris Boxes, at CONTRACTOR’s option. 305 1.67 MFD Organic Waste. Green Waste and Food Waste separated at the source of 306 generation for inclusion in the MFD Organic Waste Collection Service program. 307 1.68 MFD Organic Waste Collection Service. The Collection of MFD Organic Waste from 308 MFD Service Units in the Service Area, and the delivery of that MFD Organic Waste to an Organic 309 Waste processing facility. 310 1.69 MFD Recycling Service. The Collection of Recyclable Materials, by CONTRACTOR, 311 from MFD Service Units in the Service Area, the delivery of those Recyclable Materials to a 312 Materials Recovery Facility, and the processing and marketing of those Recyclable Materials. 313 1.70 MFD Service Unit. Any residential premises containing five (5) or more Dwelling 314 Units. 315 1.71 MFD Garbage Collection Service. The Collection of Garbage, by CONTRACTOR, 316 from MFD Service Units in the Service Area and the delivery of that Garbage to the Disposal 317 Facility. 318 1.72 Non-Collection Notice. A form developed and used by CONTRACTOR, as approved 319 by CITY (if different from the form commonly used by CONTRACTOR), to notify Service 320 Recipients of the reason for non-collection of materials set out by the Service Recipient for 321 Collection by CONTRACTOR pursuant to this Agreement. 322 1.73 Organic Waste. Food Waste and Green Waste, either separately or commingled 323 with each other, that has been separated at the source of generation from Garbage and 324 Recyclable Materials. 325 1.74 Organic Waste Bin. A metal or plastic container, with a capacity of one (1) cubic yard 326 up to and including three (3) cubic yards, designed or intended to be mechanically dumped into 327 a loader packer type truck that is approved for such purpose by CITY.
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328 1.75 Organic Waste Cart. A heavy plastic receptacle with a rated capacity of at least 329 twenty (20) gallons and not exceeding ninety-six (96) gallons, having a hinged tight-fitting lid and 330 wheels, that is approved for such purpose by CITY. 331 1.76 Organic Waste Processing Facility. Any facility selected by CONTRACTOR, and 332 approved by CITY, or specifically designated by CITY, that is operated and legally permitted for 333 the purpose of receiving and processing Organic Waste and Large Green Waste. The initial 334 Organic Waste Processing Facility is the Newby Island Compost Facility, located at 1601 Dixon 335 Landfill Road, Milpitas, CA 95035. 336 1.77 Overs Fraction. Large, woody parts of the compost pile that have not completely 337 broken down and will not pass through a minus one-half inch (-1/2”) trommel screen. 338 1.78 Recyclable Materials. Those discarded materials which are capable of being 339 recycled and which have been separated at the source of generation from Garbage and Organic 340 Waste would otherwise be processed or disposed of as Garbage. Recyclable Materials include 341 the following materials defined by CITY: newsprint (including inserts); mixed paper (including 342 magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, 343 paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; 344 aluminum beverage containers; small scrap and cast aluminum (up to 20 pounds); steel including 345 “tin” cans, empty aerosol cans (empty, non-toxic products) and small scrap (up to 20 pounds); 346 bimetal containers; plastic food containers, #1-7 plastics regardless of form or mold (including but 347 not limited to plastic containers, bottles, and wide mouth tubs), aluminum foil and pans. 348 Recyclable Materials do not include Exempt Waste. 349 1.79 Recycling Bin. A plastic or metal container, with a capacity of one (1) cubic yard up 350 to and including six (6) cubic yards, designed or intended to be mechanically dumped into a loader 351 packer type recycling truck that is approved for such purpose by CITY and is appropriately labeled 352 as a Recycling Bin. 353 1.80 Recycling Cart. A heavy plastic receptacle with a rated capacity of at least twenty 354 (20) gallons and not more than ninety-six (96) gallons, having a hinged tight-fitting lid and wheels, 355 that is approved for such purpose by CITY and is appropriately labeled as a Recycling Cart. 356 1.81 Service Area. That area within the corporate limits of the City of Half Moon Bay, 357 California, as the same may be modified from time to time through annexation or otherwise. 358 1.82 Service Recipient. An individual or entity receiving Collection Service under this 359 Agreement. 360 1.83 Service Unit. SFD Service Units, MFD Service Units, City Service Units, and 361 Commercial Service Units. 362 1.84 SFD Collection Service. SFD Garbage Collection Service, SFD Recycling Collection 363 Service, SFD Organic Waste Collection Service, SFD Bulky Waste Collection Service, and SFD 364 Debris Box Collection Service. 365 1.85 SFD Debris Box Waste Collection Service. The Collection in Debris Boxes of SFD 366 Garbage, Recyclable Materials, or Organic Waste by CONTRACTOR from SFD Service Units in 367 the Service Area, and the delivery of Collected SFD Debris Boxes to an appropriate processing 368 facility or disposal facility. 369 1.86 SFD Bulky Waste Collection Service. The periodic on-call Collection of a 370 combination of Large Items Collected by CONTRACTOR, from SFD Service Units in the Service 371 Area and the delivery of those Large Items to a Disposal Facility, Materials Recovery Facility,
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372 Organic Waste Processing Facility or such other facility as may be appropriate under the terms 373 of this Agreement. SFD Bulky Waste Collection Service does not include the collection of Large 374 Items through the use of Debris Box Containers. 375 1.87 SFD Organic Waste. Green Waste and Food Waste separated at the source of 376 generation for inclusion in the SFD Organic Waste Collection Service program. 377 1.88 SFD Organic Waste Collection Service. The Collection of SFD Organic Waste by 378 CONTRACTOR from SFD Service Units in the Service Area, the delivery of that Residential 379 Organic Waste to an Organic Waste Processing Facility. 380 1.89 SFD Recycling Collection Service. The Collection of Recyclable Materials by 381 CONTRACTOR from SFD Service Units in the Service Area, the delivery of those Recyclable 382 Materials to a Materials Recovery Facility, and the processing and marketing of those Recyclable 383 Materials. 384 1.90 SFD Garbage Collection Service. The Collection of Garbage, by CONTRACTOR, 385 from SFD Service Units in the Service Area and the delivery of that Garbage to a Disposal Facility. 386 1.91 SFD Service Unit. Each Dwelling Unit in a residential premises containing no more 387 than four (4) Dwelling Units. 388 1.92 Sharps. Sharps include needles, scalpels, blades, broken medical glass, broken 389 capillary tubes, and ends of dental wires. 390 1.93 Sludge. The accumulated solids, residues, and precipitates generated as a result of 391 waste treatment or processing, including wastewater treatment, water supply treatment, or 392 operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, 393 grease traps, privies, or similar disposal appurtenances or any other such waste having similar 394 characteristics or effects. 395 1.94 Solid Waste. Garbage, Recyclable Materials, Organic Waste, Construction and 396 Demolition Debris, Large Items, and items dropped off at CONTRACTOR’s drop-off events or 397 CONTRACTOR’s (or CONTRACTOR’s affiliates’) facilities pursuant to this Agreement (such as 398 E-Waste and HHW). 399 1.95 Source-Separated. Source-Separated materials means materials of a particular type 400 that have been separated by the generator from Garbage and materials of other types and placed 401 in the Container designated for Collection of that particular type of materials. 402 1.96 Stable Matter. Manure and other waste matter normally accumulated and associated 403 with stables or in domestic livestock. 404 1.97 Street Sweeping Service. The sweeping of streets in the CITY and the transportation 405 of Sweep Waste by CONTRACTOR to the Disposal Facility. 406 1.98 Sweep Waste. The accumulated waste materials generated as a result of performing 407 Street Sweeping Services. Sweep Waste includes, but is not limited to, deposits of loose dirt, 408 rocks, glass, cans, leaves, sticks, papers, Organic Waste residue or any like materials that can 409 be removed by Street Sweeping operations. 410 1.99 Sweeper Route. A daily path or itinerary followed by a sweeper that has been clearly 411 divided into a.m. and p.m. sections. 412 1.100 Universal Waste. Televisions, computer monitors, consumer electronics with 413 circuit boards, fluorescent lamps, cathode ray tubes, non-empty aerosol cans, instruments and 414 switches that contain mercury, and dry cell batteries containing cadmium copper, or mercury.
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415 1.101 White Goods. Discarded refrigerators, ranges, water heaters, freezers, and other 416 similar household appliances. 417 1.102 Work Day. Any day, Monday through Friday that is not a holiday as set forth in 418 Section 3.09 of this Agreement (it being understood that Commercial and MFD Collection Service 419 may be provided on Saturday as provided in Section 3.05.2 and 3.05.3, and holiday service may 420 be provided on Saturday/Sunday as provided in Section 3.09).
421 ARTICLE 2. Term of Agreement 422 2.01 Term. The term of this Agreement shall be for a ten (10) year period beginning 423 April 1, 2018 and terminating on March 31, 2028. 424 2.02 Five (5) Year Extension. CONTRACTOR may request one five (5) year term 425 extension to the original ten (10) year term, and at CITY’s sole option, CITY may grant 426 CONTRACTOR’s request to extend the term. Under no circumstances will CITY be obligated to 427 extend the term, and under no circumstances shall CITY be obligated to grant the full five (5) 428 years of extension (i.e., an extension for a shorter time period may instead be granted by the 429 CITY if it chooses). CONTRACTOR must request the five (5) year extension by October 1, 2025 430 in order to be eligible for the term extension. If CONTRACTOR fails to meet the diversion 431 requirements as described in Section 5.01, CONTRACTOR may not eligible for the five (5) year 432 extension, subject to the terms and conditions set forth in Section 5.02.4. Similarly, if 433 CONTRACTOR is found to have a Specified Default (as described in Section 24.09), 434 CONTRACTOR will not be eligible for the five (5) year extension. 435 2.03 Performance Review prior to Five (5) Year Extension. If CONTRACTOR requests a 436 term extension as described in Section 2.02 above, then, at CITY’s sole option, a billing audit and 437 performance review may be conducted as described in Article 20, and CONTRACTOR must pay 438 the cost of the billing audit and performance review subject to the maximum cost specified in such 439 Article. Regardless of the outcome of this billing audit and performance review, CITY will have no 440 obligation to extend the term of the Agreement.
441 ARTICLE 3. Services Provided by Contractor 442 3.01 Grant of Exclusive Right. Except as provided in Section 3.02, CONTRACTOR is 443 hereby granted the exclusive right to collect, transport, recycle, process and dispose of all 444 Garbage, Recyclable Materials, Food Waste, Green Waste, and Bulky Waste within the Service 445 Area, including without limitation all such material generated or accumulated at all SFD Service 446 Units, MFD Service Units, Commercial Service Units and City Service Units in the Service Area. 447 No other garbage, organic waste, or recycling services shall be exclusive to CONTRACTOR. 448 3.02 Limitations to Scope of Exclusive Agreement. This Agreement does not grant 449 CONTRACTOR the exclusive right to collect, transport, recycle, process and/or dispose the 450 following materials in the CITY: 451 3.02.1 Recyclable Materials or Large Items that are separated from Garbage by 452 the generator, which the generator sells or is otherwise compensated by a collector in a manner 453 resulting in a net payment to the generator; 454 3.02.2 Garbage, Recyclable Materials, Large Items, or Organic Waste, which is 455 removed from any SFD Service Unit, MFD Service Unit, Commercial Service Unit, or City Service 456 Unit and which is transported personally by the owner or occupant of such premises (or by his or
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457 her full-time employees but not including construction related employees or subcontractors) to a 458 processing or Disposal Facility; 459 3.02.3 Recyclable Materials, Organic Waste or Large Items which are separated 460 at any premises by the generator and donated to youth, civic or charitable organizations; 461 3.02.4 Beverage containers delivered by the generator for Recycling under the 462 California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq.; 463 3.02.5 Organic Waste removed from a premise by a gardening, landscaping, or 464 tree trimming company as an incidental part of a total service offered by that company rather than 465 as a hauling service; 466 3.02.6 Construction and Demolition Debris resulting solely from construction, 467 remodeling, and demolition authorized by a CITY permit, transported by a licensed construction 468 company as an incidental part of the total service offered by that company rather than as a hauling 469 service, and where the licensed construction company uses its own equipment and employees 470 (and no Debris Box Containers are used) for the collection and transportation of such Construction 471 and Demolition Debris; 472 3.02.7 Large Items removed from a premise by a property management or 473 maintenance company as an incidental part of the total cleanup or maintenance service offered 474 by the company rather than as a hauling service, where no Debris Box Containers are used for 475 the collection and transportation of such Large Items; 476 3.02.8 Hazardous Waste and other Exempt Waste regardless of its source; 477 3.02.9 Secure document shredding; and 478 3.02.10 Construction and Demolition Debris, which is not commingled with 479 other Solid Waste, and which is placed in Debris Box Containers for collection on a temporary 480 basis. This exclusion from CONTRACTOR’s exclusive franchise is not intended to apply where 481 the owner or occupant of a Commercial premise commingles other Solid Waste with Construction 482 and Demolition Debris. The intent of this exclusion is to allow non-franchised haulers with 483 business licenses from the CITY to provide temporary Debris Box Container services for the 484 collection, processing and disposal of Construction and Demolition Debris. It is not intended to 485 allow for non-franchised haulers to provide Commercial premises with regularly scheduled or 486 permanent collection in Debris Box Containers of Solid Waste or Solid Waste commingled with 487 Recyclable Materials. 488 3.03 CONTRACTOR acknowledges and agrees that CITY may permit other persons 489 besides CONTRACTOR to collect any and all types of materials excluded from the scope of this 490 Agreement, as set forth above, without seeking or obtaining approval of CONTRACTOR. If 491 CONTRACTOR can produce evidence that other persons are servicing collection containers or 492 are Collecting Garbage, Recyclable Materials, Large Items, Construction and Demolition Debris, 493 and/or Organic Waste in a manner that is not consistent with CITY’S Municipal Code or this 494 Agreement, it shall report the location, the name and phone number of the person or company to 495 CITY along with CONTRACTOR’S evidence of the violation of the exclusiveness of this 496 Agreement, and CONTRACTOR shall assist CITY to enforce CITY’s Municipal Code and this 497 Agreement. 498 3.03.1 The scope of this Agreement shall be interpreted to be consistent with 499 applicable law, now and during the term of the Agreement. If future judicial interpretations of 500 current law or new laws, regulations, or judicial interpretations limit the ability of CITY to lawfully 501 provide for the scope of services as specifically set forth herein, CONTRACTOR agrees that the
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502 scope of the Agreement will be limited to those services and materials which may be lawfully 503 provided and that CITY shall not be responsible for any lost profits or losses claimed by 504 CONTRACTOR to arise out of limitations of the scope of the Agreement set forth herein. 505 Notwithstanding the foregoing, nothing in this paragraph shall be deemed to limit Sections 4.02.6 506 or 25.01 of this Agreement. 507 3.04 Service Standards. CONTRACTOR shall perform all Collection Services under this 508 Agreement in a thorough and professional manner. Collection Services described in this 509 Agreement shall be performed regardless of weather conditions or difficulty of collection, except 510 as provided in Section 24.08 (Force Majeure). 511 3.05 Hours and Days of Collection. 512 3.05.1 SFD Collection Services shall be provided, commencing no earlier than 513 6:00 a.m. and terminating no later than 6:00 p.m., Monday through Friday with no service on 514 Saturday (except for holiday service as set forth in Section 3.09 of this Agreement in which case 515 normal collection hours may be utilized) or Sunday. The hours, days, or both of collection may be 516 extended due to extraordinary circumstances or conditions with the prior written consent of the 517 City Representative. 518 3.05.2 MFD Collection Services shall be provided, commencing no earlier than 519 6:00 a.m. and terminating no later than 6:00 p.m., Monday through Saturday with no service on 520 Sunday (except for holiday service as set forth in Section 3.09 of this Agreement in which case 521 normal collection hours may be utilized). The hours, days, or both of collection may be extended 522 due to extraordinary circumstances or conditions with the prior written consent of the City 523 Representative. 524 3.05.3 Commercial Collection Service and Collection Services provided to CITY 525 Service Units shall be provided, commencing no earlier than 4:00 a.m. and terminating no later 526 than 6:00 p.m. on Monday through Saturday, and commencing no earlier than 6:00 a.m. and 527 terminating no later than 6:00 p.m. on Sunday. The hours, days, or both of collection may be 528 extended due to extraordinary circumstances or conditions with the prior written consent of the 529 City Representative. 530 3.05.4 CITY may direct CONTRACTOR to restrict the Collection hours in areas 531 around schools and in high traffic areas during peak commute hours. When CITY is conducting 532 road overlay or slurry projects, CITY reserves the right to temporarily redirect or restrict 533 CONTRACTOR from collection in the affected areas or temporarily change the collection hours if 534 needed. The hours of collection may be extended due to extraordinary circumstances or 535 conditions with the prior written consent of CITY Representative. 536 3.06 Manner of Collection. CONTRACTOR shall provide Collection Service with as little 537 disturbance as possible and shall leave any Cart or Bin in an upright position with the lid closed 538 at the same point it was collected without obstructing alleys, roadways, driveways, sidewalks or 539 mail boxes. 540 3.07 Containers. 541 3.07.1 Carts and Kitchen Food Waste Pails. All Carts and Kitchen Food Waste 542 Pails are to be new at the start of the term of this Agreement. Newly-purchased Carts introduced 543 into service by CONTRACTOR during the term of this Agreement are to be hot-stamped, 544 embossed, or laminated, with a unique identification number, and labeled with the type of 545 materials to be Collected (i.e., Garbage, Organic Waste, Recyclable Materials) and instructions 546 provided for proper usage at the time of delivery to a new account or upon request of the Service
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547 Recipient. Labeling on such Carts shall be on the lids. CONTRACTOR’S phone number shall be 548 included as part of such Cart labeling. Kitchen Food Waste Pails are to be hot stamped, 549 embossed, laminated, or in-molded with instructions for proper use. Labeling and graphics on 550 such newly-purchased Carts (if different from those commonly used by CONTRACTOR) and 551 Kitchen Food Waste Pails shall be approved by CITY. Changes to the color and labeling of Carts 552 and Kitchen Food Waste Pails may only be made with the prior express written consent of the 553 CITY Representative. 554 3.07.2 Bins. Bins may be new or refurbished at the start of the term of this 555 Agreement. All Bins are to be labeled with the type of materials to be Collected (i.e., Garbage, 556 Organic Waste, Recyclable Materials) and instructions provided for proper usage at the time of 557 delivery to a new account or upon request of the Service Recipient. CONTRACTOR’S phone 558 number shall be included as part of Bin labeling. Labeling and graphics of the Bins (if different 559 from those commonly used by CONTRACTOR) shall be approved by CITY. Changes to the color 560 and labeling of Bins may only be made with the prior express written consent of the CITY 561 Representative. 562 3.07.3 Debris Boxes. Debris Box Containers may be used, provided they are 563 properly marked with Contractor’s name and phone number as part of Debris Box labeling and in 564 good working order. CITY retains the right to inspect any such used Debris Box and direct 565 CONTRACTOR to replace or repair such a used Debris Box if it is not properly marked or is not 566 in good working order. Changes to the color and labeling of Debris Boxes may only be made with 567 the prior express written consent of the CITY Representative. 568 3.07.4 Purchase and Distribution of Carts, Bins, and Kitchen Food Waste Pails. 569 CONTRACTOR shall be responsible for the purchase and distribution of fully assembled and 570 functional carts and bins for all Service Recipients, and Kitchen Food Waste Pails to SFD and 571 MFD Service Units in the Service Area, including to new Service Units that are added to 572 CONTRACTOR’S Service Area during the term of this Agreement. Kitchen Food Waste Pails 573 shall only be distributed upon request of the Service Recipient, and shall be provided at no 574 additional charge (one (1) pail per Dwelling Unit). The distribution to new Service Units shall be 575 completed within three (3) Work Days of receipt of notification from CITY or the Service Unit. 576 3.07.5 Replacement of Carts and Bins. CONTRACTOR’S employees shall take 577 care to prevent damage to carts or bins by unreasonably rough treatment. However, any Cart or 578 Bin damaged by CONTRACTOR shall be replaced by CONTRACTOR, at CONTRACTOR'S 579 expense, within three (3) Work Days at no cost or inconvenience to the Service Recipient. 580 3.07.5.1 Upon notification to CONTRACTOR by CITY or a Service 581 Recipient that the Service Recipient’s Cart(s), Bin(s), or Kitchen Food Waste Pail(s) have been 582 stolen or damaged beyond repair through no fault of CONTRACTOR, CONTRACTOR shall 583 deliver a replacement Cart(s), Bin(s) or Kitchen Food Waste Pail(s) to such Service Recipient 584 within three (3) Work Days. CONTRACTOR shall maintain records documenting all Cart and Bin 585 replacements occurring on a monthly basis. 586 3.07.5.2 Where such Cart or Kitchen Food Waste Pail is lost, stolen 587 or damaged beyond repair through no fault of CONTRACTOR, each SFD Service Unit shall be 588 entitled to the replacement of one (1) lost, destroyed, or stolen Garbage Cart, one (1) lost, 589 destroyed, or stolen Recycling Cart, one (1) lost, destroyed, or stolen Organic Waste Cart, and 590 three (3) lost, destroyed, or stolen Kitchen Food Waste Pails, during the life of this Agreement at 591 no cost to the Service Recipient.
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592 3.07.5.3 Where such Cart, Bin, or Kitchen Food Waste Pail is lost, 593 stolen or damaged beyond repair through no fault of CONTRACTOR, each MFD Service Unit 594 shall be entitled to the replacement of one (1) lost, destroyed, or stolen Garbage Cart or Bin, one 595 (1) lost, destroyed, or stolen Recycling Cart or Bin, (1) lost, destroyed, or stolen Organic Waste 596 Cart or Bin and three (3) lost, destroyed, or stolen Kitchen Food Waste Pails during the life of this 597 Agreement at no cost to the Service Unit. 598 3.07.5.4 Where such Cart or Bin is lost, stolen or damaged beyond 599 repair through no fault of CONTRACTOR, each Commercial and City Service Unit shall be entitled 600 to the replacement of one (1) lost, destroyed, or stolen Garbage Cart or Bin, one (1) lost, 601 destroyed, or stolen Recycling Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste 602 Cart or Bin during the life of this Agreement at no cost to the Service Unit. 603 3.07.5.5 Where such Bin or Cart replacement occurs through no fault 604 of CONTRACTOR, CONTRACTOR shall be compensated for the cost of those replacements in 605 excess of the requirements set forth above in accordance with the “Cost to Replace Lost, Stolen 606 or Damaged Containers” Service Rate, as initially set forth in Exhibit 1, as adjusted as provided 607 under the terms of this Agreement. 608 3.07.6 Repair of Carts and Bins. CONTRACTOR shall be responsible for repair 609 of carts in the areas to include but not be limited to, hinged lids, wheels and axles. Within seven 610 (7) calendar days of notification by CITY or a Service Recipient of the need for such repairs, 611 CONTRACTOR shall repair the Cart or Bin or if necessary, remove the Cart or Bin for repairs and 612 deliver a replacement Cart or Bin to the Service Recipient. In the event the Cart or Bin is removed 613 for repair or replacement, Contractor shall provide a replacement Cart or Bin on the same day. 614 3.07.7 Cart or Bin Exchange. Upon notification to CONTRACTOR by CITY or a 615 Service Recipient that a change in the size or number of carts Carts or Bins is required, 616 CONTRACTOR shall deliver such carts Carts or Bins to such Service Recipient within seven 617 calendar days to allow for the exchange to occur on the regular scheduled collection day. Each 618 SFD, MFD, Commercial and City Service Unit shall be entitled to receive one (1) free Cart or Bin 619 exchange per calendar year during the term of this Agreement. CONTRACTOR shall be 620 compensated for the cost of those exchanges in excess of one (1) per calendar year, in 621 accordance with the “Cart or Bin Exchange” service rate as set forth in Exhibit 1 which is attached 622 to and included in this Agreement or as may be adjusted under the terms of this Agreement. 623 3.07.8 Ownership of Carts. Ownership of carts shall rest with CONTRACTOR. In 624 the case of the termination of the Agreement prior to the expiration of the initial term or optional 625 extension terms due to the default of CONTRACTOR as set forth in Article 24 of this Agreement, 626 CITY shall have the right to take possession of the carts in service with customers and retain such 627 possession until satisfactory arrangements can be made to provide Collection Services using 628 other equipment. Such time of possession shall be limited to one hundred eighty (180) days after 629 the effective date of termination. After such time, such carts shall be returned to CONTRACTOR 630 or, if the parties mutually agree, CITY shall pay a reasonable monthly rent to CONTRACTOR for 631 CITY’s use of the equipment. Upon termination of this Agreement, CONTRACTOR shall be 632 responsible for removing all carts in service from the Service Area and reusing or recycling such 633 carts. 634 3.07.9 Ownership of Bins. Ownership of Bins distributed by CONTRACTOR shall 635 rest with CONTRACTOR. In the case of the termination of the Agreement prior to the expiration 636 of the initial term or optional extension term due to the default of CONTRACTOR as set forth in 637 Article 24 of this Agreement, CITY shall have the right to take possession of such Bins and to 638 retain such possession until satisfactory arrangements can be made to provide Collection
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639 Services using other equipment. Such time of possession shall be limited to one hundred eighty 640 (180) days after the effective date of termination. After such time, such Bins shall be returned to 641 CONTRACTOR, or, if the parties mutually agree, CITY shall pay a reasonable monthly rent to 642 CONTRACTOR for CITY’s use of the equipment. Upon the receipt of written notice from CITY, 643 CONTRACTOR shall submit to the City Representative an inventory of Bins, including their 644 locations. 645 3.07.10 Ownership of Debris Box Containers. Ownership of Debris Box 646 Containers distributed by CONTRACTOR shall rest with CONTRACTOR. In the case of the 647 termination of the Agreement prior to the expiration of the initial term or optional extension term 648 due to the default of CONTRACTOR as set forth in Article 24 of this Agreement, CITY shall have 649 the right to take possession of such containers and to retain such possession until satisfactory 650 arrangements can be made to provide Collection Services using other equipment. Such time of 651 possession shall be limited to one hundred eighty (180) days after the effective date of 652 termination. After such time, such Debris Box Containers shall be returned to CONTRACTOR, 653 or, if the parties mutually agree, CITY shall pay a reasonable monthly rent to CONTRACTOR for 654 CITY’s use of the equipment. Upon the receipt of written notice from CITY, CONTRACTOR shall 655 submit to the City Representative an inventory of containers, including their locations. 656 3.07.11 Cleaning of Carts, Bins and Debris Boxes. Once each calendar 657 year upon request of the Service Recipient from a MFD or Commercial Service Unit, and at no 658 charge to CITY or the Service Recipient, CONTRACTOR shall replace those Bins or Debris Boxes 659 needing cleaning with clean Bins or Debris Boxes and remove the dirty Bins or Debris Boxes for 660 cleaning. Once each 10-year period, upon request of the Service Recipient, and at no charge to 661 CITY or the Service Recipient, CONTRACTOR shall replace those Carts needing cleaning with 662 clean Carts and remove the dirty Carts for cleaning. In accordance with the Maximum Service 663 Rates as set forth in Exhibit 1, CONTRACTOR shall be compensated for each additional Cart, 664 Bin or Debris Box cleaning. 665 3.07.12 Cleaning/Removal of Graffiti from Containers. If CONTRACTOR 666 identifies graffiti on any Container set out for Collection, or otherwise identifies graffiti on any 667 Container during the normal course of its work, CONTRACTOR shall exchange that Container for 668 a clean Container during the next scheduled Collection at no cost to the Service Recipient. In 669 addition, CONTRACTOR shall remove or paint over any and all graffiti on Containers within 24 670 hours that is specifically identified and requested by the City Representative. 671 3.08 Labor and Equipment. CONTRACTOR shall provide and maintain all labor, 672 equipment, tools, facilities, and personnel supervision required for the performance of 673 CONTRACTOR’S obligations under this Agreement. CONTRACTOR shall at all times have 674 sufficient backup equipment and labor to fulfill CONTRACTOR’S obligations under this 675 Agreement. No compensation for CONTRACTOR’S services or for CONTRACTOR’S supply of 676 labor, equipment, tools, facilities or supervision shall be provided or paid to CONTRACTOR by 677 CITY or by any Service Recipient except as expressly provided by this Agreement. 678 3.09 Holiday Service. CONTRACTOR shall not provide Collection Services on January 679 1st, Thanksgiving Day, and December 25th. In any week in which one of these holidays falls on a 680 Work Day, SFD Collection Services for the holiday and each Work Day thereafter will be delayed 681 one Work Day for the remainder of the week with normally scheduled Friday Collection Services 682 being performed on Saturday. MFD, Commercial and City Collection Services may also be 683 delayed one Work Day for the remainder of the week, or may be adjusted as agreed between 684 CONTRACTOR and the Service Recipient, so long as CONTRACTOR meets the minimum 685 collection frequency requirement of one (1) time per week.
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686 3.10 Processing and Disposal. 687 3.10.1 Compliance with Permits. CONTRACTOR shall not knowingly deliver 688 materials Collected under this Agreement to facilities that do not comply in all material aspects 689 with the Department of Resources Recycling and Recovery (CalRecycle) regulations under Title 690 14, Division 7, Chapter 3, Minimum Standards for Solid Waste Handling and Disposal. 691 CONTRACTOR, and not CITY, must use reasonable efforts to assure that all Disposal, transfer, 692 and processing facilities to which CONTRACTOR delivers material under this Agreement are 693 properly permitted to receive material Collected under this Agreement. Failure to comply with this 694 provision may result in CONTRACTOR being in default under this Agreement. 695 3.10.2 Permits and Approvals. CONTRACTOR shall, upon written request from 696 CITY, arrange for the facilities owned by CONTRACTOR or an affiliate of CONTRACTOR to which 697 CONTRACTOR delivers material under this Agreement to provide copies of facility permits, 698 notices of violations, inspection areas or concerns, or administrative action to correct deficiencies 699 related to the operation, but only to the extent the foregoing are material and reasonably related 700 to the services provided under this Agreement. For other facilities selected by CONTRACTOR to 701 which CONTRACTOR delivers material under this Agreement, if CONTRACTOR becomes aware 702 of any material permit violations by such facilities that are reasonably related to the services 703 provided under this Agreement, CONTRACTOR shall notify CITY of the same. Failure to provide 704 facility information may result in CONTRACTOR being in default under this Agreement. 705 3.10.3 Disposal Facility. Except as set forth below, all Garbage (not including 706 residue) collected as a result of performing Collection Services shall be transported, and 707 delivered, to the Disposal Facility. In the event the Disposal Facility is closed on a Work Day, 708 CONTRACTOR shall transport and deliver the Garbage to such other legally permitted disposal 709 facility as is approved by CITY. Failure to comply with this provision may result in the levy of 710 liquidated damages as specified in Article 19 of this Agreement and may result in CONTRACTOR 711 being in default under this Agreement. 712 3.10.4 Organic Waste Processing Facility. CONTRACTOR shall deliver all 713 collected Organic Waste to a legally permitted Organic Waste Processing Facility. Organic Waste 714 shall not stay on site at designated Transfer Facility for a duration longer than allowed by current 715 operating permits prior to transferring to the Organic Waste Processing Facility. Failure to comply 716 with this provision may result in the levy of liquidated damages as specified in Article 19 of this 717 Agreement and may result in CONTRACTOR being in default under this Agreement. 718 3.10.5 Material Recovery Facility. All Recyclable Materials Collected as a result 719 of performing SFD, MFD, Commercial and City Recycling Services shall be delivered to a legally 720 permitted Material Recovery Facility (MRF). Failure to comply with this provision may result in the 721 levy of liquidated damages as specified in Article 19 of this Agreement and may result in 722 CONTRACTOR being in default under this Agreement. 723 3.11 Inspections. CITY shall have the right to inspect CONTRACTOR’S facilities or 724 collection vehicles used in the performance of this Agreement and their contents at any time while 725 operating inside or outside CITY. 726 3.12 Commingling of Materials. CONTRACTOR shall not at any time commingle in 727 Collection Vehicles Garbage, Organic Waste, or Recyclable Material collected pursuant to this 728 Agreement, with any Recyclable Material separated for collection pursuant to this Agreement 729 without the express prior written authorization of the City Representative. 730 3.12.1 Garbage Collected in CITY. CONTRACTOR shall not at any time 731 commingle in Collection Vehicles any Garbage Collected pursuant to this Agreement, with any
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732 other material Collected by CONTRACTOR inside or outside the City of Half Moon Bay without 733 the express prior written authorization of the City Representative. 734 3.12.2 Recyclable Materials Collected in CITY. CONTRACTOR shall not at any 735 time commingle in Collection Vehicles Recyclable Materials Collected pursuant to this Agreement, 736 with any other material Collected by CONTRACTOR inside or outside the City of Half Moon Bay 737 without the express prior written authorization of the City Representative. 738 3.12.3 Organic Waste Collected in CITY. CONTRACTOR shall not at any time 739 commingle in Collection Vehicles Organic Waste Collected pursuant to this Agreement, with any 740 other material Collected by CONTRACTOR inside or outside the City of Half Moon Bay without 741 the express prior written authorization of the City Representative. 742 3.13 Contamination. CONTRACTOR shall only be required to collect Recyclable 743 Materials if they have been separated by the Service Recipient from Garbage and Organic Waste, 744 and shall only be required to collect Organic Waste if it has been separated by the Service 745 Recipient from Garbage and Recyclable Materials. If by visual inspection of a container it appears 746 that Recyclable Materials are contaminated with ten percent (10%) or more by weight of Garbage 747 or Organic Waste, or Organic Waste is contaminated with five percent (5%) or more by weight of 748 Garbage or Recyclables, then CONTRACTOR may leave the container unemptied along with a 749 Non-Collection Notice which contains instructions on the proper procedures for setting out 750 Recyclable Materials or Organic Waste. Upon notification by the City Representative or 751 agreement between the Service Recipient and CONTRACTOR, CONTRACTOR shall collect the 752 contaminated Recyclable Materials or Organic Waste container as Garbage on the Service 753 Recipient’s next regularly scheduled Garbage collection day. CONTRACTOR may charge for this 754 service at the then-applicable Garbage collection rate for the type of customer and size of 755 container (and if City is the Service Recipient, at the Commercial Garbage collection rate). 756 3.14 Spillage and Litter. CONTRACTOR shall not litter premises in the process of 757 providing Collection Services or while its vehicles are on the road. CONTRACTOR shall transport 758 all materials Collected under the terms of this Agreement in such a manner as to prevent the 759 spilling or blowing of such materials from CONTRACTOR'S vehicle. CONTRACTOR shall 760 exercise all reasonable care and diligence in providing Collection Services so as to prevent 761 spilling or dropping of Garbage, Organic Waste, or Recyclable Materials and shall immediately, 762 at the time of occurrence, clean up such spilled or dropped materials. 763 3.14.1 CONTRACTOR shall not be responsible for cleaning up un-sanitary 764 conditions caused by the carelessness of the Service Recipient; however, CONTRACTOR shall 765 clean up any material or residue that are spilled or scattered by CONTRACTOR or its employees. 766 3.14.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris 767 resulting from CONTRACTOR’S operations or equipment repair shall be covered immediately 768 with an absorptive material and removed from the street surface. When necessary, 769 CONTRACTOR shall apply a suitable cleaning agent to the street surface to provide adequate 770 cleaning. To facilitate such cleanup, CONTRACTOR’S vehicles shall at all times carry sufficient 771 quantities of petroleum absorbent materials along with a broom and shovel. 772 3.14.3 The above paragraphs notwithstanding, CONTRACTOR shall clean up any 773 spillage or litter caused by CONTRACTOR within two (2) hours upon notice from CITY. 774 3.14.4 In the event where damage to CITY streets is caused by a hydraulic oil spill 775 (i.e., any physical damage in excess of a simple cosmetic stain caused by the spill), 776 CONTRACTOR shall be responsible for all repairs to return the street to the same condition prior 777 to the spill. CONTRACTOR shall also be responsible for all clean-up activities related to the spill.
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778 Repairs and clean-up shall be performed in a manner satisfactory to the City Representative and 779 at no cost to CITY. 780 3.15 Ownership of Materials. Title to Garbage, Organic Waste, and Recyclable Materials 781 shall pass to CONTRACTOR at such time as said materials are placed for collection in 782 CONTRACTOR’S collection vehiclescCarts, bBins or bBoxes. 783 3.16 Hazardous Waste. Under no circumstances shall CONTRACTOR’S employees 784 knowingly collect Hazardous Waste, or remove unsafe or poorly containerized Hazardous Waste, 785 from a collection container. If CONTRACTOR determines that material placed in any container 786 for collection is Hazardous Waste, or other material that may not legally be accepted at the 787 Disposal Facility or one of the processing facilities, or presents a hazard to CONTRACTOR'S 788 employees, CONTRACTOR shall have the right to refuse to accept such material. The generator 789 shall be contacted by CONTRACTOR and requested to arrange for proper disposal service. If 790 the generator cannot be reached immediately, CONTRACTOR shall, before leaving the premises, 791 leave a Non-Collection Notice, which indicates the reason for refusing to collect the material, and 792 how the Hazardous Waste can be properly disposed or recycled. 793 3.16.1 If Hazardous Waste is found in a collection container that poses an 794 imminent danger to people or property, CONTRACTOR shall immediately notify the City of Half 795 Moon Bay Fire Department. CONTRACTOR shall immediately notify CITY of any Hazardous 796 Waste that has been identified. 797 3.16.2 If Hazardous Waste is identified at the time of delivery to the Disposal 798 Facility, or one of the processing facilities and the generator cannot be identified, CONTRACTOR 799 shall be solely responsible for handling and arranging transport and disposition of the Hazardous 800 Waste. 801 3.17 Regulations and Record Keeping. CONTRACTOR shall comply with emergency 802 notification procedures required by applicable laws and regulatory requirements. All records 803 required by regulations shall be maintained at CONTRACTOR’S facility. These records shall 804 include waste manifests, waste inventories, waste characterization records, inspection records, 805 incident reports, and training records. 806 3.18 Transition. CONTRACTOR understands and agrees that the time between the formal 807 Agreement signing and April 1, 2018 is intended to provide CONTRACTOR with ample and 808 sufficient time to, among other things, order equipment, prepare necessary routing schedules and 809 route maps, obtain any permits and licenses, establish/build facilities, and begin the public 810 awareness campaign as part of CONTRACTOR’s transition program as specified in Exhibit 6 811 which is attached to and incorporated into this Agreement. CONTRACTOR shall be responsible 812 for the provision of all Collection Services, and all other services described in this Agreement, 813 beginning April 1, 2018.
814 ARTICLE 4. Charges and Rates 815 4.01 CONTRACTOR Billing. CONTRACTOR shall be responsible for the billing and 816 collection of payments for all Collection Services. CONTRACTOR may charge Service Recipients 817 any amount, provided that it does not exceed the Maximum Service Rates attached as Exhibit 1 818 to this Agreement, as the same may be adjusted under the terms of this Agreement. The City 819 Representative shall approve the form and format for all customer bills, if different from the ones 820 commonly used by CONTRACTOR.
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821 4.01.1 Partial Month Service. If, during a month, a Service Unit is added to or 822 deleted from CONTRACTOR’S Service Area, CONTRACTOR’S billing shall be pro-rated based 823 on the weekly service rate (the weekly service rate shall not exceed the service rates set forth in 824 Exhibit 1 divided by four (4)), and then multiplied by the number of actual weeks in the month 825 that service was provided to the Service Unit. 826 4.01.2 Production of Invoices for SFD Service Units. CONTRACTOR shall 827 produce a quarterly invoice for SFD Service Recipients, billing them in advance for services to be 828 provided in the upcoming three-month period. CONTRACTOR’S invoice shall be sent to the 829 Service Recipient no later than the twentieth (20th) day of the 1st month of the period for which 830 service is being billed. 831 4.01.3 Production of Invoices for MFD and Commercial Service Units. 832 CONTRACTOR shall produce a monthly invoice for MFD and Commercial Service Recipients, 833 billing them for services provided in the prior month. 834 4.01.4 Production of Invoices for Debris Box Collection Service. Notwithstanding 835 the foregoing, CONTRACTOR shall produce an invoice for Debris Box Collection Services 836 received under this Agreement in arrears for services during the prior month. Customers utilizing 837 Debris Box Collection Services may be invoiced upon completion. 838 4.01.5 City Provided Billing Inserts. CITY may provide educational and other 839 material to CONTRACTOR for inclusion in the invoices provided by CONTRACTOR to SFD, MFD 840 and Commercial Customers for Collection Services. CONTRACTOR shall not charge CITY for 841 the inclusion of additional educational or other materials in the invoices. 842 4.01.6 Methods of Payment. CONTRACTOR shall provide the means for 843 customers to pay bills through the following methods: cash, checks, credit cards, internet payment 844 service or automatic withdrawal from bank account. On-line (E-Pay) bill methods shall be 845 password protected and comply with state and federal law protecting the privacy of customer 846 credit information. At CITY’s request, CONTRACTOR shall provide evidence of such security 847 certifications and advise CITY of CONTRACTOR’S security measures implemented for on-line 848 payment. 849 4.01.7 Delinquent Service Accounts. CONTRACTOR may take such action as is 850 legally available to collect or cause collection of past due amounts from Service Recipients; 851 however, CONTRACTOR may not discontinue providing Garbage Collection Services without 852 approval from CITY. 853 4.02 Adjustments to Maximum Service Recipient Rates. CONTRACTOR’S initial 854 Maximum Service Recipient Rates are as specified in Exhibit 1 of this Agreement, and are firm 855 and fixed through March 31, 2019. CONTRACTOR shall not be entitled to any compensation from 856 Service Recipients that is not listed in Exhibit 1, as adjusted from time to time in accordance with 857 this Agreement. Beginning with the rate adjustment effective April 1, 2019, CONTRACTOR may 858 apply for annual adjustments to Maximum Service Recipient Rates effective April 1 of each year 859 based on inflation, as described below. CONTRACTOR shall be responsible for calculating and 860 submitting its annual rate adjustment application to the CITY. 861 4.02.1 Adjustments Based on CPI 862 4.02.1.1 CPI Adjustment Calculation. The base for computing the 863 adjustment in Maximum Service Rates shall be equal the percent change in the annual average 864 Consumer Price Index [All Urban Consumers] (base years 1982-1984 = 100) San Francisco- 865 Oakland-San JoseHayward, CA, for the calendar year preceding the Agreement Year, as
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866 published by the United States Department of Labor, Bureau of Labor Statistics ("index"). which 867 is published for the month of June 2018 ("beginning index"). If the index for June immediately 868 preceding the adjustment date ("adjustment index") has increased over the beginning index (or 869 the index as of the most recent prior adjustment date, as the case may be), the Maximum Service 870 Recipient Rates for the following year (until the next Maximum Rate adjustment) shall be set by 871 multiplying the then Maximum Service Recipient Rates by a fraction, the numerator of which is 872 the adjustment index and the denominator of which is the beginning index. If the index is changed 873 so that the base year differs from that used as of the month of June of the year preceding the 874 adjustment date, the index shall be converted in accordance with the conversion factor published 875 by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued 876 or revised during the term of this Agreement, such other government index or computation with 877 which it is replaced shall be used in order to obtain substantially the same result as would be 878 obtained if the index had not been discontinued or revised. 879 4.02.1.2 Minimum and Maximum CPI Adjustment. Notwithstanding 880 any provision herein to the contrary, in no case shall the Maximum Service Recipient Rates 881 increase less than one percent (1%) or exceed four percent (4%) in any one Agreement Year. 882 4.02.1.3 Rounding. Annual adjustments shall be made only in units 883 of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making 884 adjustments. CPI indices shall be truncated at four (4) decimal places for the adjustment 885 calculations. 886 4.02.1.4 CPI Application and Financial Information. On or before 887 each November January 211, 2018, and annually thereafter during the Term, CONTRACTOR 888 shall may deliver to CITY financial information for the specific services performed under this 889 Agreement for the preceding Agreement Yearits application for annual adjustment to Maximum 890 Service Rates. Such financial informationapplication shall include the methodology for calculating 891 the requested CPI adjustment and the CONTRACTOR’s proposed change in Maximum Service 892 Rates based on the CPI adjustment, and shall be in the format as approved by CITY. If 893 CONTRACTOR fails to submit the financial informationapplication in the required format by 894 November January 211, it is agreed that CONTRACTOR shall be deemed to have waived the 895 CPI rate adjustment for that year. CONTRACTOR’s failure to provide the financial information 896 shall not preclude CITY from applying the CPI using the prior year’s financial data, or pro forma 897 data if no prior year financial data is available. 898 4.02.1.5 Delay in CPI Application. If CONTRACTOR’s failure to 899 timely submit the financial informationapplication required under Section 4.02.4 is the result of 900 extraordinary or unusual circumstances as demonstrated by CONTRACTOR to the satisfaction 901 of the CITY Representative, CITY, at its sole discretion, may consider the request for the annual 902 CPI rate adjustment. 903 4.02.1.6 CITY Approval of CONTRACTOR RateCPI Application. As 904 ofOn or before each February 14, 2019, and annually thereafter during the Term, the CITY 905 Representative shall notify CONTRACTOR whether or not the Service Recipient Rate adjustment 906 CPI application was approved by CITY and the affected Maximum Sservice Rrates to take place 907 on the subsequent April 1. CITY shall take action on any changes in the Service Recipient Rates 908 in accordance with CITY’S Municipal Code. 909 4.02.2 Adjustments Due to Material Change In Law(s). 910 4.02.2.1 If a Material Change in Law(s) occurs after the date hereof, 911 then, upon notification by CONTRACTOR, CITY and CONTRACTOR shall negotiate in good faith
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912 a reasonable and appropriate adjustment to Maximum Service Rates sufficient to offset 913 CONTRACTOR’s increased allowable costs of operation or reduced Gross Revenue resulting 914 from the Material Change in Law(s). As an exception to the preceding sentence, CONTRACTOR 915 shall not be entitled to an adjustment in Maximum Service Rates with respect to the first Seventy- 916 Five Thousand Dollars ($75,000) in increased costs or decreased revenues incurred by 917 CONTRACTOR over two (2) consecutive Agreement Years resulting from the Material Change in 918 Law(s). 919 4.02.2.2 Separate and apart from the $75,000 threshold adjustments 920 due to any new or updated government fees or taxes outside of CONTRACTOR’S payments to 921 the CITY as described in Section 4.03, including any new or updated government fees or taxes 922 related to Solid Waste , shall also be covered by this process, and will not be subject to the 923 Seventy-Five Thousand Dollars ($75,000) threshold over two (2) consecutive Agreement Years. 924 Section 4.02.6.2 below shall also apply to any such adjustments that are due to new or updated 925 government fees or taxes. 926 4.02.2.3 Upon notification by Contractor of a Material Change in 927 Law(s), Tthe Parties may negotiate and agree on the amount of any Maximum Service Rate 928 adjustment pursuant to this Section without a Detailed Rate Review. CONTRACTOR shall bear 929 the burden of justifying to CITY any adjustment due to a Material Change in Law(s) and shall bear 930 its own costs of preparing its request for an adjustment and supporting documentation. CITY may 931 request from CONTRACTOR such further information as it reasonably deems necessary to fully 932 evaluate CONTRACTOR’S request and make its determination whether CONTRACTOR has 933 satisfied its burden, which determination shall not be unreasonably withheld. CITY shall notify 934 CONTRACTOR of its determination within ninety (90) calendar days of receipt of the written 935 request and all other additional information reasonably requested by CITY. Any such change will 936 be implemented on the following April 1st, or within any other time frame agreed upon between 937 CITY and CONTRACTOR. Any adjustment in Maximum Service Rates shall be approved by the 938 City Council and memorialized in a written amendment to Exhibit 1 to this Agreement. 939 4.02.3 Adjustments Due to Detailed Rate Reviews. A Detailed Rate Review may 940 be conducted if requested by CITY. If requested by CITY, the Detailed Rate Review will be 941 conducted in place of the upcoming scheduled CPI rate adjustment effective April 1st (as 942 described in Section 4.02 above), and shall be conducted in accordance with the specifications 943 of Exhibit 5. The Detailed Rate Review must be completed by the December 30th preceding the 944 April 1st rate adjustment date. If a Detailed Rate Review is to be conducted, CONTRACTOR shall 945 make an advance payment to CITY to compensate CITY for the estimated cost of its rate 946 consultant, with a reconciliation subsequent to the completion of the detailed rate review (so that 947 the CITY is only compensated by CONTRACTOR for the actual costs incurred for its rate 948 consultant). Such payment shall be treated as an allowable cost in such Detailed Rate Review. 949 4.02.3.1 Special Detailed Rate Review. CONTRACTOR may be 950 eligible to request one Special Detailed Rate Review, but no earlier than Year 3 of this Agreement 951 term (i.e., the earliest this review may be conducted is for the rate adjustment effective April 1, 952 2021). This review may only be requested by CONTRACTOR, and will only be conducted, in the 953 event that CONTRACTOR can demonstrate: (1) a 10% change in the total number of Service 954 Recipients as compared to the account information provided in the CITY’s request for proposals 955 (RFP) for Collection Services issued on April 30, 2017 (including any associated addenda or 956 updates to account information provided during the course of that RFP process); or (2) significant 957 Service Recipient migration between service levels affecting more than 10% of Service 958 Recipients. This Special Detailed Rate Review may only be conducted if the CONTRACTOR has 959 met all performance and diversion requirements of the Agreement, subject to the terms and
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960 conditions set forth in Section 5.02.4, and CONTRACTOR will be responsible for payment of the 961 full cost of the Special Detailed Rate Review. If requested, this review shall be conducted in 962 accordance with the specifications of Exhibit 5. The Special Detailed Rate Review must be 963 completed by the December 30th preceding the April 1st rate adjustment date. If this Special 964 Detailed Rate Review is to be conducted, CONTRACTOR shall make an advance payment to 965 CITY to compensate CITY for the cost of its rate consultant. Such payment shall be treated as an 966 allowable cost in such Special Detailed Rate Review. With the exception of this Special Detailed 967 Rate Review, CONTRACTOR shall not have the right to request a Detailed Rate Review during 968 the term of this Agreement (additional Detailed Rate Reviews may be requested by the CITY, but 969 not by the CONTRACTOR, as provided for in Section 4.02.76 above). 970 4.02.3.2 Change in Additional Collection Services. In the event of a 971 Detailed Rate Review, the costs of a change in scope to the Additional Collection Services 972 provided by CONTRACTOR will be allowable expenses. Additional Collection Services are 973 described in additional detail in Article 10. 974 4.02.4 Adjustments Due to Changes in CITY Fees or Payments. In the event that 975 CITY elects to increase or decrease the amount of fees or payments set forth in Section 4.03 976 through 4.03.4 below, beyond those increases provided for in such sections, Maximum Service 977 Rates shall be adjusted in accordance with this Section. The increased or decreased fee or 978 payment shall take effect on April 1, or such other date as may be agreed by CITY and 979 CONTRACTOR. CITY shall notify CONTRACTOR of the amount of the intended increase or 980 decrease by the February 14 preceding such April 1 so that CONTRACTOR may include an 981 additional Maximum Service Rate adjustment as part of its regularly scheduled April 1st rate 982 adjustment, to accommodate the cost of the increased or decreased fee or payment. This 983 additional rate adjustment shall be calculated using the following methodology, and such 984 calculation must be included in CONTRACTOR’S regular rate adjustment request submitted to 985 CITY by November 1 (or October 1, in the case of a Detailed Rate Review)January 21 in order 986 for CONTRACTOR to be eligible to receive the additional rate adjustment. Such rate adjustment 987 shall be in addition to any other rate adjustment to which CONTRACTOR may be entitled under 988 this Agreement, (it being understood that, if the amount of such adjustment is included in a 989 contemporaneous Detailed Rate Review, no further adjustment under this Section would be 990 required). 991 4.02.4.1 The CONTACTOR shall calculate the additional rate 992 adjustment percentage related to changes in CITY fees or payments as: 993 (A) The total dollar value of the increased fees and/or payments 994 divided by 995 (B) The total estimated CONTRACTOR Gross Revenue for the current calendar year 996 divided by 997 (C) One (1) minus the Franchise Fee percentage described in Section 4.034.1. 998 By way of example, if the total dollar value of the increased fee is $1 million and total estimated 999 CONTRACTOR Gross Revenue is $15 million, the increased fee of $1 million is divided by the 1000 $15 million Gross Revenue, which is 0.0666. The 0.0666 is divided by one minus the Franchise 1001 Fee percentage of 14% or 0.14 (one minus 0.14 is 0.86), for a total of 0.0775. The additional rate 1002 adjustment percentage in this example would therefore be 7.75 percent. 1003 The “total estimated CONTRACTOR Gross Revenue for the current calendar year” (B) shall be 1004 calculated as: the CONTACTOR’S total Gross Revenue as reported to CITY for the previous
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1005 calendar year, multiplied by one (1) plus the approved CPI rate adjustment percentage which 1006 became effective on the most recent April 1st. The calculated additional rate adjustment 1007 percentage shall be added to CONTRACTOR’S regularly scheduled CPI or Detailed Rate Review 1008 rate adjustment percentage effective the upcoming April 1st. 1009 4.03 CONTRACTOR’S Payments to CITY. CONTRACTOR shall make payment to CITY 1010 of a Franchise Fee, and such other fees as may be required under this Agreement. Unless 1011 otherwise noted, each payment to CITY shall be due on a quarterly basis, on the 15th day of the 1012 month following the end of the calendar quarter in which revenues were collected. Each payment 1013 shall be accompanied by an accounting, which sets forth CONTRACTOR’S Gross Revenues 1014 during the preceding quarter in sufficient detail to allow for an independent recalculation of 1015 payments. 1016 4.03.1 Franchise Fee. The Franchise Fee will be a percentage of 1017 CONTRACTOR’S Gross Revenue collected each calendar quarter under the terms of this 1018 Agreement. The Franchise Fee percentage shall be Fourteen Percent (14%) of Gross 1019 Revenues unless otherwise adjusted by CITY. CONTRACTOR shall make payment of the 1020 Franchise Fee to CITY on a quarterly basis with payments due on January 15th, April 15th, July 1021 15th, and October 15th of each Agreement Year for the prior quarter’s services, with the first 1022 payment due on July 15, 2018. 1023 4.03.2 RFP Reimbursement Fee. CONTRACTOR shall pay CITY a one-time fee 1024 of One Hundred Fifty Thousand Dollars ($150,000) to reimburse CITY for its costs of preparing 1025 Request for Proposal (RFP) documents. The RFP Reimbursement Fee payment shall be made 1026 within thirty (30) calendar days of the effective date of this Agreement. Failure of CONTRACTOR 1027 to pay the RFP Reimbursement Fee will result in immediately voiding this Agreement. 1028 4.03.3 Monthly Administrative Support Payment. CONTRACTOR will be required 1029 to reimburse the CITY for its costs for managing this Agreement. The initial monthly payment 1030 amount shall be Six Thousand Dollars ($6,000) and mayshall be adjusted annually each April 1031 1st by the annual average increase in the CPI index subject to the terms and conditions set forth 1032 in Section 4.02.2. CONTRACTOR shall make this payment to CITY on a monthly basis with 1033 payments due on the 15th of each month for the prior month’s services, with the first payment due 1034 on May 15, 2018. In the event that CITY adjusts the Monthly Administrative Support Payment 1035 amount, the Maximum Service Rates will also be adjusted simultaneously and commensurately, 1036 to incorporate any such changes in the Monthly Administrative Support Payment. 1037 4.03.4 No acceptance by CITY of any payment shall be construed as an accord 1038 that the amount is in fact the correct amount, nor shall such acceptance of payment be construed 1039 as a release of any claim CITY may have against CONTRACTOR for any additional sums payable 1040 under the provisions of this Agreement. All amounts paid shall be subject to independent audit 1041 and recompilation by CITY. If, after the audit, such recompilation indicates an underpayment, 1042 CONTRACTOR shall pay to CITY the amount of the underpayment and shall reimburse CITY for 1043 all reasonable costs and expenses incurred in connection with the audit and recompilation within 1044 ten (10) Work Days of receipt of written notice from CITY that such is the case. If, after audit, such 1045 recompilation indicates an overpayment, CITY shall notify CONTRACTOR in writing of the 1046 amount of the overpayment, less costs and expenses incurred in connection with the audit and 1047 recompilation. CONTRACTOR may offset the amounts next due by the amount of any 1048 overpayment, less cost and expenses incurred by CITY, following receipt of such notice by the 1049 amount specified therein.
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1050 ARTICLE 5. Diversion Requirements 1051 5.01 CONTRACTOR’S Diversion Requirements. CONTRACTOR shall fully implement the 1052 Diversion Plan provided in Exhibit 10, and shall assist CITY in reaching CalRecycle’s 75% goal 1053 by December 31, 2020. In addition, CONTRACTOR is required to achieve the following minimum 1054 diversion rates: 1055 5.01.1 CONTRACTOR is required to divert a minimum of forty percent (40%) of 1056 all materials collected from all services under the provisions of this Agreement during calendar 1057 year 2019 (measured for the calendar year as a whole). 1058 5.01.2 CONTRACTOR is required to divert a minimum of forty-five percent (45%) 1059 of all materials collected from all services under the provisions of this Agreement during calendar 1060 year 2020 (measured for the calendar year as a whole). 1061 5.01.25.01.3 CONTRACTOR is required to divert a minimum of fifty percent 1062 (50%) of all materials collected from all services under the provisions of this Agreement for both 1063 calendar year 2021 and calendar year 2022 (measured separately for each calendar year. 1064 5.01.4 CONTRACTOR is required to divert a minimum of fifty-five percent (55%) 1065 of the materials it collects pursuant to this Agreement for calendar year 2023 and each year 1066 thereafter during the term of this Agreement (measured separately for each calendar year). 1067 5.01.5 Notwithstanding the foregoing, as described in Sections 5.02.4, the City 1068 recognizes that some factors driving impacting diversion rates may be outside the control of the 1069 Contractor and that under certain circumstances Contractor may be unable to meet the diversion 1070 requirements. The City may take into consideration other measures of diversion including, but not 1071 limited to, CalRecycle’s per capita disposal rate. 1072 5.02 CITY Remedies. In its sole discretion, the CITY, upon determining the 1073 CONTRACTOR did not meet its diversion requirements under Section 5.01 above, may: 1074 5.02.1 For calendar years 2019 and 2020, if CONTRACTOR does not meet the 1075 minimum diversion requirements specified in Sections 5.01.1 and 5.01.2 in either year, then CITY 1076 may assess liquidated damages in accordance with Section 19.03. 1077 5.02.2 For calendar year 2021 and 2022, if CONTRACTOR does not meet the 1078 minimum diversion requirement specified in Sections 5.01.3 in either year, then, at CITY’s option, 1079 either (a) CITY may assess liquidated damages in accordance with Section 19.03, or (b) 1080 CONTRACTOR shall implement additional diversion program(s) at no cost to CITY or rate payers 1081 (such program(s) to be proposed by CONTRACTOR and approved by CITY, such approval not 1082 to be unreasonably withheld). 1083 5.02.3 For calendar years 2023 and onwards, if CONTRACTOR does not meet 1084 the minimum diversion requirement specified in Sections 5.01.4, then, at CITY’s option, either (a) 1085 CITY may assess liquidated damages in accordance with Section 19.03, or (b) CONTRACTOR 1086 shall implement additional diversion program(s) at no cost to CITY or rate payers (such 1087 program(s) to be proposed by CONTRACTOR and approved by CITY, such approval not to be 1088 unreasonably withheld). In addition, regardless of which option CITY chooses, if CONTRACTOR 1089 does not meet the minimum diversion requirement in any calendar year from 2023 onwards, in its 1090 sole reasonable discretion, CITY may declare CONTRACTOR ineligible to receive a term 1091 extension in accordance with Section 2.02. 1092 5.02.4 Notwithstanding the foregoing provisions and without waiving CITY’s rights 1093 and remedies under this Agreement for CONTRACTOR’s non-performance, in the event
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1094 CONTRACTOR is unable to meet the minimum diversion requirements set forth in Section 5.01, 1095 CITY may, in its sole reasonable discretion, elect not to assess liquidated damages for 1096 CONTRACTOR’s non-performance, pursuant to Section 19.03, and CONTRACTOR may be 1097 eligible to receive a term extension in accordance with Section 2.02, so long as CONTRACTOR 1098 demonstrates to CITY’s reasonable satisfaction that (a) CONTRACTOR undertook, in good faith, 1099 comprehensive efforts, in accordance with best industry practices, to meet the minimum diversion 1100 requirements under Section 5.01 but was unable to do so for reasons outside of CONTRACTOR’s 1101 control and (b) CONTRACTOR implemented additional diversion program(s) at no cost to CITY 1102 or rate payers (such program(s) to be proposed by CONTRACTOR and approved by CITY, such 1103 approval not to be unreasonably withheld), as provided under Section 5.13 and Section 25.02. 1104 5.03 Diversion Rate Calculation. For purposes of determining CONTRACTOR has met its 1105 diversion requirements under this Agreement, CITY and CONTRACTOR agree the annual 1106 diversion rate will be calculated using the following formula: “the tons of Commercial, MFD and 1107 SFD materials Collected by CONTRACTOR from the provision of Collection Services in CITY that 1108 are delivered to the Materials Recovery Facility, Organic Waste Processing Facility, or any other 1109 processing facility approved by CITY, or that are otherwise handled in a manner that counts as 1110 diversion under applicable CalRecycle regulations (in each case, net of all residue from 1111 processing), divided by the total tons of materials Collected in the City of Half Moon Bay by 1112 CONTRACTOR from the provision of Collection Services in each calendar year.” 1113 5.03.1 As part of the Quarterly Reports submitted in accordance with Section 1114 16.03, CONTRACTOR shall provide documentation acceptable to CITY in its sole but reasonable 1115 discretion stating and supporting each calendar quarter's diversion rate. Diversion from other 1116 sources other than CONTRACTOR'S Collection and diversion efforts (such as source reduction 1117 or reuse, recyclables diverted by other solid waste enterprises, collection of materials that are not 1118 the subject of this Agreement, or the efforts of self-haulers) shall not be counted as diversion 1119 achieved by CONTRACTOR. 1120 5.04 End Uses for Organic Waste. CONTRACTOR shall divert Organic Waste materials 1121 Collected through weekly Organic Waste Collection, Christmas tree Collection, and Debris Box 1122 Collection from disposal. CONTRACTOR must provide or arrange for end uses for such Organic 1123 Waste that provides diversion credits for CITY according to regulations established by the 1124 CalRecycle. CONTRACTOR shall divert through uses other than as Alternative Daily Cover 1125 (ADC) or Beneficial Reuse with the exception of Overs Fraction of the organics generated through 1126 the composting process. 1127 5.05 Use of Alternative Daily Cover (ADC) or Beneficial Reuse. CONTRACTOR may not 1128 utilize Organic Waste as Alternative Daily Cover (ADC) or Beneficial Reuse with the exception of 1129 Overs Fraction of the organics generated through the composting process. 1130 5.06 Changes in the Market Conditions for Recyclable Materials. Upon notice to and prior 1131 approval by CITY, CONTRACTOR may deem additional materials or groups of materials 1132 Recyclable Materials if they become capable of recycling at CONTRACTOR’s facilities in or near 1133 the Service Area. CONTRACTOR reserves the right, upon written notice to and prior written 1134 approval by CITY, to discontinue acceptance of any category of Recyclable Materials as a result 1135 of market conditions related to such materials, which approval shall not be unreasonably withheld 1136 by CITY. Such CITY approval for reducing the type of Recyclable Materials discontinued shall not 1137 exceed 12 months. Discontinued acceptance of Recyclable Materials pursuant to this Section 1138 shall not relieve CONTRACTOR of CONTRACTOR’S Diversion Requirements set forth in Section 1139 5.01 of this Agreement.
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1140 5.07 Warranties and Representations. CONTRACTOR warrants and represents that it is 1141 aware of and familiar with CITY's waste stream, and that it has the ability to and will provide the 1142 programs and services required to be provided by it hereunder, with a view to facilitating CITY’s 1143 meeting or exceeding the diversion requirements as set forth in Section 5.01. CONTRACTOR 1144 further warranties that it understands the diversion requirements of the Applicable Laws 1145 (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, 1146 and any other requirements) governing this Agreement (including AB 341, AB 939, AB 1594, AB 1147 1826, SB 1016 and all amendments and related subsequent legislation), and that it shall provide 1148 such programs and services without imposing any costs or fees other than those set forth in 1149 Exhibit 1 (as adjusted), unless new programs are required by the State or CITY which are not 1150 called out herein, in which case Maximum Service Rates may be adjusted in accordance with this 1151 Agreement. The programs identified herein are minimum requirements that must be met, and 1152 CONTRACTOR may (but is not required to) implement other programs that may be necessary to 1153 achieve the forgoing. 1154 5.08 Mutual Cooperation. CITY shall cooperate in good faith, so long as there is no 1155 additional cost to CITY, with CONTRACTOR in CONTRACTOR’s efforts to meet CITY’S diversion 1156 and other compliance requirements imposed by AB 939 and other such Applicable Laws, and to 1157 meet the diversion requirements of this Agreement and the State. In this regard, CITY’S 1158 obligations shall include, without limitation, making such petitions and applications as may be 1159 reasonably requested by CONTRACTOR for time extensions in meeting State diversion goals, or 1160 other exceptions from the terms of such Applicable Laws, and to agree to authorize such changes 1161 to CONTRACTOR’S Recycling or Solid Waste programs as may be reasonably requested by 1162 CONTRACTOR for CONTRACTOR to satisfy diversion requirements. 1163 5.09 Waste Reduction and Program Implementation. CONTRACTOR shall be responsible 1164 for providing data and information as reasonably requested by CITY regarding its programs and 1165 services hereunder, for purposes including but not limited to CITY’S preparation of reports and 1166 other information as may be required by any agency, including specifically, the State of California, 1167 in order to comply with AB 939 and other such Applicable Laws. 1168 5.10 Compliance with Law. CONTRACTOR agrees that it will carry out its obligations 1169 under this Agreement in a manner consistent with Applicable Laws including specifically AB 939, 1170 AB 341, AB 1594, AB 1826 and SB 1016 and all amendments thereto. 1171 5.11 Failure To Meet Minimum Diversion Requirements. CONTRACTOR acknowledges 1172 that its failure to meet the minimum diversion requirements set forth in Section 5.01 above may 1173 result in the denial of a term extension and the imposition of liquidated damages in accordance 1174 with Article 19, subject to the terms and conditions set forth in Section 5.02.4 above. 1175 5.12 Waste Generation/Characterization Studies. CONTRACTOR acknowledges that 1176 CITY may need to perform Solid Waste generation and disposal characterization studies 1177 periodically to comply with the requirements of the Applicable Laws, including AB 939. 1178 CONTRACTOR agrees to participate and cooperate with CITY and its agents to accomplish such 1179 studies, as reasonably requested by CITY, provided that such participation and cooperation can 1180 be accomplished at no additional cost to CONTRACTOR and without substantially interfering with 1181 CONTRACTOR’s operations. 1182 5.13 Implementation of Additional Diversion Services. If CITY determines that 1183 CONTRACTOR has not fulfilled its diversion requirements set forth in this Agreement, CITY may 1184 require CONTRACTOR to implement additional diversion programs in accordance with Section 1185 5.02.
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1186 5.13.1 Pilot programs and innovative services which may entail new Collection or 1187 processing methods, and use of new or alternative Solid Waste processing and disposal 1188 technologies are included among the types of changes which CITY may direct. Any changes 1189 under this Section shall be treated as City-Directed Changes under Section 25.02.
1190 ARTICLE 6. Service Units 1191 6.01 Service Units. Service Units shall include all the following categories of premises 1192 which are in the Service Area as of the effective date of this Agreement, and all such premises 1193 which may be added to the Service Area by means of annexation, new construction, or as 1194 otherwise set forth in this Agreement during term of this Agreement: 1195 6.01.1 SFD Service Units 1196 6.01.2 MFD Service Units 1197 6.01.3 Commercial Service Units 1198 6.01.4 City Service Units 1199 6.01.4.1 Any question as to whether a premise falls within one of 1200 these categories shall be determined by the City Representative and the determination of the City 1201 Representative shall be final. 1202 6.02 Service Unit Changes. CITY and CONTRACTOR acknowledge that during the term 1203 of this Agreement, the number of Service Units for which CONTRACTOR will provide Collection 1204 Services may increase or decrease, due to annexation, development, or other reasons. 1205 6.03 Service Unit Additions. CONTRACTOR shall provide services described in this 1206 Agreement to new Service Units within five (5) Work Days of receipt of notice from CITY or new 1207 Service Unit to begin such service. 1208 6.04 Coordination with Street Sweeping. CITY and CONTRACTOR acknowledge that 1209 CONTRACTOR may have to modify collection days to accommodate CITY’s street sweeping 1210 schedule. 1211 6.05 Route Map Update. CONTRACTOR shall revise the Service Unit route maps to 1212 show the addition of Service Units added due to annexation and shall provide such revised maps 1213 to the City Representative as requested.
1214 ARTICLE 7. SFD Collection Services 1215 7.01 SFD Collection Services. These services shall be governed by the following terms 1216 and conditions: 1217 7.01.1 Conditions of Service. CONTRACTOR shall provide SFD Collection 1218 Service to all SFD Service Units in the Service Area whose Garbage is properly containerized in 1219 Garbage Carts, Recyclable Materials are properly containerized in Recycling Carts, except as set 1220 forth in Section 7.04.4; and Organic Waste is properly containerized in Organic Waste Carts 1221 except as set forth in Section 7.05.5. The Garbage, Recycling and Organic Waste Carts will be 1222 Collected at least once a week. CONTRACTOR shall offer Garbage Carts in 20, 32, and 64-gallon 1223 cart sizes, Recyclable Materials Carts in 64-gallon size, and Organic Waste Carts in 96-gallon 1224 cart size. The size of the Garbage Cart shall be determined between the SFD Service Recipient 1225 and CONTRACTOR. The base SFD Garbage Collection Service shall include Recycling
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1226 Collection Service as described in Section 7.04.1 below, and Organic Waste Collection Service 1227 as described in Section 7.05.1 below, at no additional cost to the Service Recipient. 1228 7.01.1.1 Curbside Collection Service. SFD Curbside Collection shall 1229 be done where Garbage, Recyclable Materials and Organic Waste Carts are placed within five 1230 (5) feet of the curb, swale, or at edge of street pavement for streets without curbs. This shall apply 1231 to both public and private streets. CONTRACTOR may charge for Curbside Collection at the rates 1232 as set forth in Exhibit 1. 1233 7.01.1.2 On-Premise Collection Service – Physical Disability. A SFD 1234 Service Recipient, and all other adults living at the Service Unit residing therein, that has 1235 disabilities that prevent him/her from being physically able to place Garbage, Recyclable 1236 Materials, or Organic Waste Carts at the curb for collection shall receive On-premise Collection 1237 Service where all Garbage, Recyclable Materials, and Organic Waste Carts are Collected from a 1238 side-yard, backyard, or other off-street location agreed on between CONTRACTOR and the 1239 Service Recipient. CONTRACTOR shall provide this service at no additional cost to the Curbside 1240 collection rates as set forth in Exhibit 1. 1241 7.01.1.3 Upon customer request, CONTRACTOR shall place a 1242 vacation hold on existing residential customers for up to one month per calendar year, provided 1243 that the residential property is not occupied during the vacation hold collection stop period. Any 1244 rate charges shall be prorated by CONTRACTOR in accordance with the residential customer’s 1245 request to suspend service. 1246 7.02 Frequency and Scheduling of Service. Except as set forth in Sections 7.06 (Curbside 1247 Christmas Tree Collection), 7.07 (Bulky Waste Collection Service), 7.10 (Curbside Used Oil and 1248 Oil Filters Collection), and 7.11 (SFD Debris Box Collection Service), curbside SFD Collection 1249 Services shall be provided one (1) time per week on a scheduled route basis. SFD Collection 1250 Services shall be scheduled so that a SFD Service Unit receives SFD Garbage Collection Service, 1251 SFD Recycling Collection Service, and SFD Organic Waste Collection Service on the same Work 1252 Day. 1253 7.03 SFD Garbage Collection Service. This service will be governed by the following 1254 additional terms and conditions: 1255 7.03.1 Disposal Facility. All Garbage collected as a result of performing SFD 1256 Garbage Collection Services shall be transported to, and disposed of, at the Disposal Facility. 1257 Failure to comply with this provision shall result in the levy of liquidated damages as specified in 1258 this Agreement and may result in CONTRACTOR being in default under this Agreement. 1259 7.03.2 Additional Garbage Carts. Upon notification to CONTRACTOR by CITY or 1260 a Service Recipient that additional Garbage Carts are requested, CONTRACTOR shall deliver 1261 such Garbage Carts to such Service Recipient within five (5) Work Days. CONTRACTOR may 1262 charge for each additional Garbage Cart at the same rate the Service Recipient is charged for 1263 their initial Garbage Cart, as set forth in Exhibit 1 or as may be adjusted under the terms of this 1264 Agreement. 1265 7.04 SFD Recycling Collection Service. This service will be governed by the additional 1266 following terms and conditions: 1267 7.04.1 Base SFD Recycling Service. All SFD Service Recipients subscribing to 1268 SFD Garbage Collection Service shall receive weekly collection of one (1) 64 gallon Recycling 1269 Cart at no additional charge to the Service Recipient.
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1270 7.04.2 Material Recovery Facility. All Recyclable Materials Collected as a result 1271 of performing Recycling Services shall be delivered to a Materials Recovery Facility. Failure to 1272 comply with this provision shall result in the levy of liquidated damages as specified in this 1273 Agreement. All expenses related to Recyclable Materials processing and marketing will be the 1274 sole responsibility of CONTRACTOR. 1275 7.04.3 Additional Recycling Carts. CONTRACTOR shall provide additional SFD 1276 Recycling Carts to SFD Collection Service Recipients within five (5) days of request at the rates 1277 set forth in Exhibit 1, and provided that additional carts are used by Service Recipients for the 1278 purposes of setting out additional Recyclable Materials for regular weekly Recycling Collection 1279 Service. 1280 7.04.4 Overages. Corrugated cardboard or other recyclable materials that will not 1281 fit inside the Recycling Cart may be flattened, bagged and/or bundled and placed beside the 1282 Recycling Cart. 1283 7.04.5 Recycling - Changes to Work. Should changes in law arise that necessitate 1284 any additions or deletions to the work described herein including the type of items included as 1285 Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into 1286 an amendment to this Agreement covering such modifications to the work to be performed and 1287 the compensation to be paid before undertaking any changes or revisions to such work. 1288 7.04.6 SFD Recyclable Materials Disposal. CONTRACTOR shall ensure that the 1289 Recyclable Materials Collected pursuant to this Agreement is not disposed of in a landfill, except 1290 residue resulting from processing. 1291 7.05 SFD Organic Waste Collection Service. This service includes collection of Green 1292 Waste and Food Waste together in Organic Waste Carts. This service will be governed by the 1293 following terms and conditions: 1294 7.05.1 Base SFD Organic Waste Service. All SFD Service Recipients subscribing 1295 to SFD Garbage Collection Service shall receive weekly collection of one (1) 96 gallon Organic 1296 Waste Cart at no additional charge to the Service Recipient. 1297 7.05.2 Organic Waste Processing Services. CONTRACTOR shall ensure that all 1298 Organic Waste Collected pursuant to this Agreement is diverted from the landfill in accordance 1299 with AB 939 and any subsequent or other applicable legislation and regulations. 1300 7.05.3 Organic Waste Processing Facility. CONTRACTOR shall deliver all 1301 Collected Organic Waste to a fully permitted Organic Waste Processing Facility or a fully permitted 1302 Organic Waste transfer station. All expenses related to Organic Waste processing and marketing 1303 will be the sole responsibility of CONTRACTOR. 1304 7.05.4 Organic Waste Disposal. CONTRACTOR shall ensure that the Organic 1305 Waste Collected pursuant to this Agreement is not disposed of in a landfill, except residue 1306 resulting from processing. 1307 7.05.5 Additional Organic Waste Carts. CONTRACTOR shall provide additional 1308 SFD Organic Waste Carts to SFD Service Recipients within five (5) days of request at the rates 1309 set forth in Exhibit 1, and provided that additional carts are used by SFD Service Recipients for 1310 the purposes of setting out additional Organic Waste Materials for regular weekly Organic Waste 1311 Collection Service. 1312 7.05.6 Kitchen Food Waste Pails. CONTRACTOR shall provide Kitchen Food 1313 Waste Pails to SFD Service Recipients that request them within five (5) days of request at no
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1314 additional cost provided that pails are used by SFD Service Recipients for the collection of food 1315 waste. 1316 7.06 Curbside Christmas Tree Collection. CONTRACTOR shall Collect Christmas trees 1317 from all SFD Service Units as part of the SFD Organic Waste Collection Services. 1318 CONTRACTOR shall provide this service beginning on the first Work Day after December 25 until 1319 the third Friday in January, or such other dates that are approved by CITY. 1320 7.06.1 Contaminated Christmas Trees. Christmas trees that are flocked or 1321 contain tinsel or other decorations may be delivered to the Disposal Facility at the discretion of 1322 CONTRACTOR. 1323 7.07 Bulky Waste Collection Service. This service will be governed by the following terms 1324 and conditions: 1325 7.07.1 Conditions of Service. CONTRACTOR shall provide SFD Bulky Waste 1326 Collection Service to all SFD Service Units in the Service Area whose Bulky Waste have been 1327 placed within five (5) feet of the curb, swale, paved surface of the public or private roadway, 1328 closest accessible roadway, or other such location agreed to by CONTRACTOR and Service 1329 Recipient, that will provide safe and efficient accessibility to CONTRACTOR'S collection crew and 1330 vehicle. Each SFD Service Unit in the Service Area shall be entitled to receive free Bulky Waste 1331 Collection Service a maximum of two (2) collection times per calendar year. Bulky Waste 1332 Collection Service shall be a combination of loose Large Items not exceeding an approximate 1333 equivalent of three (3) cubic yards per collection. This may include Large Items such as TVs, 1334 couches, mattresses, refrigerators, stoves, and water heaters. In accordance with the “Additional 1335 Bulky Waste Collection” service rates as set forth in Exhibit 1, CONTRACTOR shall be 1336 compensated for the cost of Collecting Large Items in excess of (a) a single collection of over 1337 three (3) cubic yards, or (b) more than two (2) Bulky Waste Collections per calendar year. 1338 7.07.2 Frequency of Service. SFD Service Recipients must call at least forty-eight 1339 (48) hours in advance to schedule SFD Bulky Waste Collection Service. Collection will occur on 1340 the customer’s regular collection day. 1341 7.07.3 Large Items Containing Freon. In the event CONTRACTOR Collects Large 1342 Items that contain Freon, CONTRACTOR shall ensure that the Freon is removed by a certified 1343 specialist so that, if practicable, the Large Items are not subject to regulation as Hazardous Waste 1344 under applicable state and federal laws or regulations. CONTRACTOR may charge for collecting 1345 Large Items containing Freon in accordance with the Maximum Service Rrates in Exhibit 1. 1346 7.07.4 CITY Direction of Large Items. CITY reserves the right to direct 1347 CONTRACTOR under Section 25.02 to deliver Large Items Collected pursuant to this Section to 1348 a designated site or sites for the purpose of reuse or recycling of such Large items, provided that 1349 CITY shall only direct CONTRACTOR to deliver Large Items to sites that (i) reuse or recycle such 1350 materials in a manner that counts as diversion, and (ii) do not charge CONTRACTOR or CITY to 1351 accept and reuse or recycle such materials. CONTRACTOR shall have no obligation to dispose 1352 of the Large Items or Large Item residue remaining at the directed site or sites after reusers and 1353 recyclers have removed reusable or recyclable Large Items. Delivery of such Large Items shall 1354 count as diversion by CONTRACTOR for purposes of the diversion requirement described in 1355 Section 5.01. 1356 7.08 Hard to Service Areas. Notwithstanding any term or definition set forth in this 1357 Agreement, CONTRACTOR, at no additional cost, shall manually collect SFD Garbage, 1358 Recyclable Materials, Organic Waste, and Bulky Waste from a SFD Service Unit under the 1359 following conditions:
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1360 7.08.1 Where topography, street conditions, or limited street access for police, fire, 1361 or safety vehicles prevents CONTRACTOR’S collection vehicle access for Collecting Garbage, 1362 Recycling, Organic Waste, and Large Items for collection. 1363 7.09 Curbside Used Motor Oil, Household Battery, and Cell Phone Collection. 1364 CONTRACTOR shall provide curbside collection of used motor oil, household batteries, and cell 1365 phones as part of CONTRACTOR’S regularly scheduled SFD Recycling Collection Service, at no 1366 additional cost to the SFD Service Recipients. 1367 7.09.1 CONTRACTOR shall provide customers upon request with leak-proof used 1368 oil containers and heavy duty zip-lock bags for used batteries and cell phones. Customers will be 1369 allowed to recycle up to two (2) gallons of used motor oil each week using this service. All used 1370 motor oil, batteries and cell phones must be properly containerized and bagged in accordance 1371 with CONTRACTOR’s instructions and set out next to, or on top of, the Recycling Cart. 1372 7.10 Household Hazardous Waste (HHW), Sharps and E-Waste Collection and 1373 Recycling. These services shall be governed by the following terms and conditions: 1374 7.10.1 Household Hazardous Waste (HHW). CONTRACTOR shall assist the City 1375 in arranging and advertising up to two HHW collection events Twice per Agreement Year, at no 1376 additional cost to SFD and MFD Service Recipientsthe City and Service Recipients. If there are 1377 less than two HHW events scheduled in an Agreement Year, CONTRACTOR will coordinate with 1378 the City to identify and connect residents to alternative options to safely dispose of HHW., 1379 CONTRACTOR shall provide a centralized location for Service Recipients to drop-off HHW, 1380 Sharps and E-Waste. The location, date and time of each event will be mutually agreed upon 1381 between the CONTRACTOR and the CITY Representative. 1382 7.10.2 Sharps. CONTRACTOR shall coordinate with the Coastside Fire District 1383 (District) to provide monthly sharps collection service at Station 40, 1191 Main Street at no 1384 additional cost to the District, City, or Service Recipients. If the District opts out of participating in 1385 this program, CONTRACTOR shall identify a new location for the collection service and/or 1386 implement an equivalent program, as approved by the City. 1387 7.09.27.10.3 E-Waste Recycling. Twice per Agreement Year, at no additional 1388 cost to SFD and MFD Service Recipients, CONTRACTOR shall provide a centralized location for 1389 Service Recipients to drop-off E-Waste. The location, date and time of each event shall be 1390 mutually agreed upon by the CONTRACTOR and the CITY. 1391 7.09.3 Materials collected and accepted at the drop-off location shall include, 1392 but not be limited to: HHW, latex paint, auto batteries, used oil, oil filters, Sharps, Universal 1393 Waste, and E-Waste. 1394 7.09.47.10.4 Ox Mountain Landfill Recycling Drop-off Center. In addition to the 1395 twice per year HHW E-waste drop-off events, Contractor shall provide free drop-off of recyclables, 1396 electronic waste, mattresses, used oil and household batteries for SFD and MFD Service 1397 Recipients at Ox Mountain Landfill Monday through Saturday during normal hours of operation. 1398 7.107.11 SFD Debris Box Collection Service. Upon twenty twenty-four (24) hours 1399 request by a SFD Service Unit for a Debris Box Container, CONTRACTOR shall provide a Debris 1400 Box Container at the Service Unit. Such SFD Debris Box Collection Service shall be on a 1401 temporary basis not to exceed seven (7) days without collection, emptying, and replacement of 1402 the Debris Box Container. 1403 7.10.17.11.1 Charges for Debris Box Containers shall be in accordance with 1404 Exhibit 1B of this Agreement.
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1405 7.10.27.11.2 CONTRACTOR shall provide SFD Debris Box Collection Services 1406 with as little disturbance as possible and without obstructing alleys, roadways, driveways, 1407 sidewalks, or mailboxes. CONTRACTOR shall only place Debris Boxes in strict adherence with 1408 CITY’S right-of-way requirements and Municipal Code.
1409 ARTICLE 8. MFD Collection Services 1410 8.01 MFD Collection Services. These services will be governed by all conditions of 1411 service as specified in Article 9 of this Agreement, with the following exceptions: 1412 8.01.1 Base MFD Recycling Service. All MFD Service Recipients subscribing to 1413 MFD Garbage Collection Service shall receive weekly collection of the equivalent volume of one 1414 (1) 32 gallon Recycling Cart per individual Dwelling Unit in the MFD complex at no additional cost. 1415 The actual configuration of Recycling Cart and/or Bin sizes to be provided at no additional cost 1416 shall be based on the total equivalent volume, and configured in a manner determined by the 1417 Service Recipient in consultation with the CONTRACTOR. Section 9.03.2 of this Agreement, 1418 pertaining to Commercial Service Recipients, shall not apply to MFD Service Recipients. 1419 8.01.2 Base MFD Organic Waste Service. All MFD Service Recipients subscribing 1420 to MFD Garbage Collection Service shall receive weekly collection of the equivalent volume of 1421 one (1) 20 gallon Organic Waste Cart per individual Dwelling Unit in the MFD complex at no 1422 additional cost. The actual configuration of Organic Waste Cart and/or Bin sizes to be provided at 1423 no additional cost shall be based on the total equivalent volume, and configured in a manner 1424 determined by the Service Recipient in consultation with the CONTRACTOR. Section 9.04.2 of 1425 this Agreement, pertaining to Commercial Service Recipients, shall not apply to MFD Service 1426 Recipients. 1427 8.01.3 Kitchen Food Waste Pails. Upon request, CONTRACTOR shall provide 1428 MFD Service Units with one (1) Kitchen Food Waste Pail for each individual Dwelling Unit within 1429 the MFD Service Unit complex, as provided in Section 3.07.4. 1430 8.01.4 MFD Bulky Waste Collection Service. This service will be governed by the 1431 following terms and conditions: 1432 8.01.4.1 Conditions of Service. CONTRACTOR shall provide MFD 1433 Bulky Waste Collection Service to all MFD Service Units in the Service Area whose Bulky Waste 1434 have been placed within five (5) feet of the curb, swale, paved surface of the public or private 1435 roadway, closest accessible roadway, or other such location agreed to by CONTRACTOR and 1436 MFD Service Unit management, that will provide safe and efficient accessibility to 1437 CONTRACTOR'S collection crew and vehicle. Each MFD Service Unit in the Service Area shall 1438 be entitled to receive free Bulky Waste Collection Service a maximum of two (2) collection times 1439 per calendar year. Bulky Waste Collection Service shall be a combination of loose Large Items 1440 not exceeding an approximate equivalent volume per collection of 0.5 cubic yards multiplied by 1441 the number of individual Dwelling Units within the MFD Service Unit. For example, an MFD 1442 Service Unit consisting of 6 units would receive a total of 3 cubic yards of free Bulky Waste 1443 Collection Service per collection, to be allocated among those units as the MFD Service Unit 1444 management deems appropriate. Bulky Waste Collection Service shall be a combination of loose 1445 Large Items, which may include Large Items such as TVs, couches, mattresses, refrigerators, 1446 stoves, and water heaters. In accordance with the “Additional Bulky Waste Collection” service 1447 rates as set forth in Exhibit 1, CONTRACTOR shall be compensated for the cost of Collecting 1448 Large Items in excess of (a) a single collection exceeding the equivalent of 0.5 cubic yards per 1449 individual Dwelling Unit, or (b) more than two (2) Bulky Waste Collections per calendar year.
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1450 8.01.4.2 Frequency of Service. MFD Service Unit management must 1451 call at least forty-eight (48) hours in advance to schedule MFD Bulky Waste Collection Service. 1452 Collection will occur on the day agreed to between the MFD Service Unit management and 1453 CONTRACTOR. 1454 8.01.4.3 Large Items Containing Freon. In the event CONTRACTOR 1455 Collects Large Items that contain Freon, CONTRACTOR shall ensure that the Freon is removed 1456 by a certified specialist so that, if practicable, the Large Items are not subject to regulation as 1457 Hazardous Waste under applicable state and federal laws or regulations. CONTRACTOR may 1458 charge for collecting Large Items containing Freon in accordance with the Maximum Service 1459 Rrates in Exhibit 1. 1460 8.01.4.4 CITY Direction of Large Items. CITY reserves the right to 1461 direct CONTRACTOR under Section 25.02 to deliver Large Items Collected pursuant to this 1462 Section to a designated site or sites for the purpose of reuse or recycling of such Large Items, 1463 provided that CITY shall only direct CONTRACTOR to deliver Large Items to sites that (i) reuse 1464 or recycle such materials in a manner that counts as diversion, and (ii) do not charge 1465 CONTRACTOR or CITY to accept and reuse or recycle such materials. CONTRACTOR shall 1466 have no obligation to dispose of the Large Items or Large Item residue remaining at the directed 1467 site or sites after reusers and recyclers have removed reusable or recyclable Large Items. 1468 Delivery of such Large Items shall count as diversion by CONTRACTOR for purposes of the 1469 diversion requirement described in Section 5.01. 1470 8.01.5 Curbside Christmas Tree Collection. CONTRACTOR shall Collect 1471 Christmas trees from all MFD Service Units as part of the MFD Organic Waste Collection 1472 Services. CONTRACTOR shall provide this service beginning on the first Work Day after 1473 December 25 until the third Friday in January, or such other dates that are approved by CITY. 1474 8.01.5.1 Contaminated Christmas Trees. Christmas trees that are 1475 flocked or contain tinsel or other decorations may be delivered to the Disposal Facility at the 1476 discretion of CONTRACTOR. 1477 8.01.5.2 Upon customer request, CONTRACTOR shall place a 1478 vacation hold on existing residential customers for up to one month per calendar year, provided 1479 that the residential property is not occupied during the vacation hold collection stop period. Any 1480 rate charges shall be prorated by CONTRACTOR in accordance with the residential customer’s 1481 request to suspend service.
1482 ARTICLE 9. Commercial Collection Services 1483 9.01 Commercial Collection Services. These services will be governed by the 1484 following terms and conditions: 1485 9.01.1 Conditions of Service. CONTRACTOR shall provide Commercial Garbage 1486 Collection Service, Commercial Recycling Collection Service, Commercial Organic Waste 1487 Collection Service, and Commercial Debris Box Collection Service to all Commercial Service 1488 Units in the Service Area whose Garbage, Recyclable Materials, and Organic Waste are properly 1489 containerized in Bins, Carts, or Debris Boxes as appropriate where the Bins, Carts or Debris 1490 Boxes are accessible as set forth in Section 9.01.3. CONTRACTOR shall offer Garbage, 1491 Recyclable Materials, and Organics Carts in 20, 32, 64 and 96-gallon cart sizes. CONTRACTOR 1492 shall offer Garbage, Recyclable Materials, and Organic Waste Bins in 1, 2, 3, 4, and 6-cubic yard 1493 sizes. CONTRACTOR shall offer Debris Boxes in 20, 30 and 40-cubic yard sizes, as well as a 10- 1494 cubic yard size for dirt, concrete and asphalt only. The size of the container and the frequency
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1495 (above the minimum) of collection shall be determined between the Service Recipient and 1496 CONTRACTOR. However, the size and frequency shall be sufficient to provide that no Garbage, 1497 Recyclable Materials, or Organic Waste Materials need be placed outside the Bin, Cart or Debris 1498 Box. The base Commercial Garbage Collection Service shall include Recycling Collection Service 1499 as described in Section 9.03.2 below, and Organic Waste Collection Service as described in 1500 Section 9.04.2 below, at no additional cost to the Service Recipient. 1501 9.01.2 Required Capacity. CONTRACTOR shall provide Commercial Recycling 1502 Collection Service and Organic Waste Collection Service to all Commercial Service Units in the 1503 Service Area at the rates set forth in Exhibit 1at no additional cost. For each Service Unit, 1504 CONTRACTOR shall offer a minimum capacity of Commercial Recycling Collection and 1505 Commercial Organic Waste Collection Service which is appropriate in relationship to the total 1506 cubic yards collected weekly for Commercial Garbage Collection Service. 1507 9.01.3 Accessibility. CONTRACTOR shall collect all Garbage, Recycling, or 1508 Organic Waste Bins or Carts that are readily accessible to CONTRACTOR'S crew and vehicles 1509 and not blocked. However, CONTRACTOR shall provide “push services” and/or “key services” as 1510 necessary during the provision of Commercial Collection Services and in accordance with the 1511 “push services” and/or “key services” service rate as set forth in Exhibit 1 which is attached 1512 to and included in this Agreement or as may be adjusted under the terms of this 1513 Agreement. Push services shall include, but not be limited to moving manually or by a specialized 1514 “scout” truck the Bins or Carts from their storage location for Collection and returning the Bins or 1515 Carts to their storage location. Key services shall include the provision of a master lock and key 1516 by CONTRACTOR to the Service Address for the purpose of locking the Service Recipient’s carts 1517 or bins. 1518 9.01.4 Manner of Collection. CONTRACTOR shall provide Commercial Collection 1519 Service with as little disturbance as possible and shall leave any Bin or Cart at the same point it 1520 was originally located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 1521 9.02 Commercial Garbage Collection Service. 1522 9.02.1 Conditions of Service. CONTRACTOR shall provide Commercial Garbage 1523 Collection Service to all Commercial Service Units in the Service Area whose Commercial 1524 Garbage is properly containerized in Garbage Bins or Carts, where the Garbage Bins or Carts 1525 are accessible. 1526 9.02.2 Disposal Facility. All Commercial Garbage collected as a result of 1527 performing Commercial Garbage Collection Services shall be transported to, and disposed of, at 1528 the Disposal Facility. Failure to comply with this provision shall result in the levy of liquidated 1529 charges as specified in this Agreement and may result in CONTRACTOR being in default under 1530 this Agreement. 1531 9.02.3 Size and Frequency of Service. This service shall be provided as deemed 1532 necessary and as determined between CONTRACTOR and the customer, but such service shall 1533 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, 1534 except that Collection Service scheduled to fall on a holiday may be rescheduled as determined 1535 between the customer and CONTRACTOR as long as the minimum frequency requirement is 1536 met. Service may be provided by Bin or Cart at the option of the customer. The size of the 1537 container and the frequency (above the minimum) of Collection shall be determined between the 1538 customer and CONTRACTOR. However, size and frequency shall be sufficient to provide that no 1539 Commercial Garbage need be placed outside the Bin or Cart. CONTRACTOR shall provide 1540 containers as part of the Commercial Collection Service rates set forth in Exhibit 1. Customers
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1541 may provide their own Compactor, provided that the customer is completely responsible for its 1542 proper maintenance and that such Compactor shall be of a type that can be serviced by 1543 CONTRACTOR'S equipment. 1544 9.02.4 Commercial Garbage Overflow. In the case of repeated overflows of 1545 Commercial Garbage, CONTRACTOR shall contact the Commercial Service Unit management 1546 to arrange for an appropriate change in Garbage Bin or Cart size, collection frequency or both. 1547 In the event CONTRACTOR cannot successfully contact the Commercial Service Unit 1548 management after three attempts, or cannot reach an agreement with such management 1549 regarding the change in service, CONTRACTOR shall advise the City Representative by written 1550 communication or e-mail, of the details of the Commercial Garbage overages, and the attempts 1551 at communication with the Commercial Service Unit management. The City Representative shall 1552 respond to CONTRACTOR’S report and make a final written determination. Within five (5) Work 1553 Days of receipt of the City Representative’s written determination, CONTRACTOR shall change 1554 the Collection Service in accordance with such written determination. 1555 9.02.5 Non-Collection. CONTRACTOR shall not be required to collect any 1556 Commercial Garbage that is not placed in a Garbage Bin or Cart. CONTRACTOR shall also not 1557 be required to collect any Container that is blocked by debris, or is otherwise obstructed in a 1558 manner that prevents CONTRACTOR from accessing the Container for collection. In the event of 1559 non-collection, CONTRACTOR shall affix to the Garbage Bin or Cart a Non-Collection Notice 1560 explaining why collection was not made. 1561 9.03 Commercial Recycling Collection Service. This service will be governed by the 1562 following terms and conditions: 1563 9.03.1 Conditions of Service. CONTRACTOR shall provide Commercial Recycling 1564 Collection Service to all Commercial Service Units in the Service Area whose Recyclable 1565 Materials are properly containerized in Recycling Bins, Carts or Debris Boxes, except as set forth 1566 below, where the Recycling Bins, Carts, or Debris Boxes are accessible. CONTRACTOR shall 1567 charge for collection of Recyclable Materials collected in Carts or Bins at the rate set forth in 1568 Exhibit 1. Commercial Recycling Collection will occur Monday through Friday, and on Saturdays 1569 upon request and as necessary. 1570 9.03.2 Base Commercial Recycling Service. All Commercial Service Recipients 1571 subscribing to Commercial Garbage Collection Service shall receive weekly collection of the 1572 equivalent volume of one (1) 96 gallon Recycling Cart per Service Recipient at no additional cost. 1573 This equivalent volume may be provided in the form of up to two (2) smaller Cart sizes, if 1574 requested by the Service Recipient and/or to help meet space constraints. In situations where 1575 shared service is provided, the equivalent volume of one (1) 96 gallon Recycling Cart per 1576 individual Commercial entity that is sharing service shall be provided at no additional cost, and 1577 the actual configuration of Recycling Cart and/or Bin sizes to be provided shall be based on the 1578 total equivalent volume, and configured in a manner determined by the Service Recipient in 1579 consultation with the CONTRACTOR. 1580 9.03.3 Compliance with AB 341. CONTRACTOR will develop and maintain a 1581 recycling program in compliance with AB 341, and implement such program upon the starting 1582 date of this Agreement. CONTRACTOR will notify any covered businesses not participating in the 1583 recycling program of the requirements to comply with the law, starting April 1, 2018. 1584 CONTRACTOR will provide the volume of collection service that covered businesses require in 1585 order to be in compliance with the law.
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1586 9.03.4 Material Recovery Facility. All Recyclable Materials collected as a result 1587 of performing Commercial Recycling Services shall be delivered to a Material Recovery Facility. 1588 Failure to comply with this provision shall result in the levy of liquidated damages as specified in 1589 this Agreement. All expenses related to Recyclable Materials processing and marketing will be 1590 the sole responsibility of CONTRACTOR. 1591 9.03.5 Size and Frequency of Service. This service shall be provided as deemed 1592 necessary and as determined between CONTRACTOR and the customer, but such service shall 1593 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, 1594 except that collection service scheduled to fall on a holiday may be rescheduled as determined 1595 between the customer and CONTRACTOR as long as the minimum frequency requirement is 1596 met. Service may be provided by Bin, Cart or Debris Box at the option of the customer. The size 1597 of the container and the frequency (above the minimum) of collection shall be determined between 1598 the customer and CONTRACTOR. However, size and frequency shall be sufficient to provide that 1599 no Recyclable Materials need be placed outside the Bin, Cart or Debris Box. CONTRACTOR shall 1600 provide containers as part of the Commercial Collection Service rates set forth in Exhibit 1. 1601 Customers may provide their own Compactor, provided that the customer is completely 1602 responsible for its proper maintenance and that such Compactor shall be of a type that can be 1603 serviced by CONTRACTOR'S equipment. 1604 9.03.6 Additional Recycling Bins or Carts. CONTRACTOR shall provide 1605 additional Commercial Recycling Bins and Carts to Commercial Service Recipients within five (5) 1606 days of request at the rates listed in Exhibit 1 no additional cost provided that additional bins and 1607 carts are used by Commercial Service Recipients for the purposes of setting out additional 1608 Recyclable Materials for regular weekly Recycling Collection Service. 1609 9.04 Commercial Organic Waste Service. This service includes collection of Green Waste 1610 and Food Waste together in Organic Waste Carts, Bins, Debris Boxes, and/or Compactors. This 1611 service will be governed by the following terms and conditions: 1612 9.04.1 Conditions of Service. CONTRACTOR shall provide Commercial Organic 1613 Waste Collection Service to all Commercial Service Units in the Service Area whose Organic 1614 Waste materials are properly containerized in Organic Waste Bins, Carts, Debris Boxes, or 1615 Compactors except as set forth below, where the Organic Waste Bins, Carts, debris Boxes, or 1616 Compactors are accessible. CONTRACTOR shall charge for collection of Organic Waste 1617 collected in Carts or Bins at the rate set forth in Exhibit 1. CONTRACTOR agrees that not all 1618 Commercial and MFD Service Units will elect to receive Organic Waste Collection Service in 1619 Carts, and that CONTRACTOR will provide Organic Waste Collection Bins upon request and as 1620 necessary. Further, CONTRACTOR agrees that there are several Commercial Service Units that 1621 utilize Compactors for collection or Organic Waste, and that CONTRACTOR will provide a 1622 sufficient number of Carts or Bins and at a collection frequency to allow for any such Commercial 1623 Service Unit to utilize the collection of Organic Waste. Commercial Organic Waste Collection will 1624 occur Monday through Friday, and on Saturdays upon request and as necessary. 1625 9.04.2 Base Commercial Organic Waste Service. All Commercial Service 1626 Recipients subscribing to Commercial Garbage Collection Service shall receive weekly collection 1627 of the equivalent volume of one (1) 32 gallon Organic Waste Cart per Service Recipient at no 1628 additional cost. In situations where shared service is provided, the equivalent volume of one (1) 1629 32 gallon Organic Waste Cart per individual Commercial entity that is sharing service shall be 1630 provided at no additional cost, and the actual configuration of Organic Waste Cart and/or Bin sizes 1631 to be provided shall be based on the total equivalent volume, and configured in a manner 1632 determined by the Service Recipient in consultation with the CONTRACTOR.
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1633 9.04.3 Compliance with AB 1826. CONTRACTOR will develop and maintain an 1634 organic waste recycling program in compliance with the AB 1826 schedule, and implement such 1635 program upon the starting date of this Agreement. CONTRACTOR will notify any covered 1636 businesses not participating in the recycling program of the requirements to comply with the law 1637 starting April 1, 2018. CONTRACTOR will provide the volume of collection service that covered 1638 businesses require in order to be in compliance with the law. 1639 9.04.4 Organic Waste Processing Facility. All Organic Waste collected as a 1640 result of performing Commercial Collection Services shall be delivered to an Organic Waste 1641 Processing Facility. Failure to comply with this provision may result in the levy of liquidated 1642 damages as specified in this Agreement and may result in CONTRACTOR being in default under 1643 this Agreement. All expenses related to Organic Waste processing and marketing will be the sole 1644 responsibility of CONTRACTOR. 1645 9.04.5 Size and Frequency of Service. This service shall be provided as deemed 1646 necessary and as determined between CONTRACTOR and the customer, but such service shall 1647 be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, 1648 except that Collection Service scheduled to fall on a holiday may be rescheduled as determined 1649 between the customer and CONTRACTOR as long as the minimum frequency requirement is 1650 met. Service may be provided by Bin, Cart or Debris Box at the option of the customer. The size 1651 of the container and the frequency (above the minimum) of collection shall be determined between 1652 the customer and CONTRACTOR. However, size and frequency shall be sufficient to provide that 1653 no Organic Waste Materials need be placed outside the Bin, Cart or Debris Box. CONTRACTOR 1654 shall provide containers as part of the Commercial Collection Service rates set forth in Exhibit 1. 1655 Customers may provide their own Compactor, provided that the customer is completely 1656 responsible for its proper maintenance and that such Compactor shall be of a type that can be 1657 serviced by CONTRACTOR'S equipment. 1658 9.04.6 Additional Organic Waste Bins or Carts. CONTRACTOR shall provide 1659 additional Commercial Organic Waste Bins and Carts to Commercial Service Recipients at the 1660 rates listed in Exhibit 1 provided that additional Bins and Carts are used by Commercial Service 1661 Recipients for the purposes of setting out additional Organic Waste materials for regular weekly 1662 Organic Waste Collection Service. 1663 9.05 Commercial Debris Box Collection Service. Upon request of a Commercial Service 1664 Unit, CONTRACTOR shall provide a Commercial Debris Box Collection Service on a temporary 1665 basis or permanent basis. 1666 9.05.1 Charges for Debris Boxes shall be in accordance with Exhibit 1 of this 1667 Agreement. 1668 9.05.2 CONTRACTOR shall provide Commercial Debris Box Collection Services 1669 with as little disturbance as possible and without obstructing alleys, roadways, driveways, 1670 sidewalks, or mail boxes. CONTRACTOR shall only place Debris Boxes in strict adherence with 1671 CITY’S right-of-way requirements and Municipal Code.
1672 ARTICLE 10. Additional Collection Services 1673 10.01 Collection from CITY Service Units, Public Locations, Library, and Fire Station 40. 1674 At no cost to CITY, CONTRACTOR shall provide Garbage, Recycling, Organic Waste, and Debris 1675 Box Collection Service to the Service Units and public containers listed in Exhibit 2, at the volume 1676 and frequency set forth in Exhibit 2, including but not limited to the local library and Fire Station 1677 40. CITY may change the CITY Service Units and public containers receiving service and the
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1678 volume and frequency of service by written notice to CONTRACTOR, provided the change does 1679 not increase CONTRACTOR’s total cost of providing services to City Service Units. Service may 1680 be provided by Bin, Cart or Debris Box at the option of CITY. CONTRACTOR shall offer Carts, 1681 Bins and Debris Boxes for all material types in the same container sizes and collection frequencies 1682 offered to Commercial Service Recipients, as described in Article 9. 1683 10.01.1 Accessibility. CONTRACTOR shall collect all carts, bins and debris 1684 boxes that are readily accessible to CONTRACTOR'S crew and vehicles and not blocked. 1685 CONTRACTOR shall provide “push services” and/or “key services” as necessary during collection 1686 from CITY Service Units. Push services shall include, but not be limited to, dismounting from the 1687 collection vehicle, moving the bins or carts from their storage location for collection and returning 1688 the bins or carts to their storage location. Key services shall include the provision of a master 1689 lock and key by CONTRACTOR to the Service Address for the purpose of locking the Service 1690 Recipient’s carts or bins. 1691 10.01.2 Notification. CONTRACTOR will notify the City Representative 1692 daily, by e-mail, of all situations that prevent or hinder collection from any CITY Service Unit, 1693 unless otherwise directed by CITY. 1694 10.02 CITY-Supported Events. CONTRACTOR shall provide Collection Services at the 1695 CITY-supported events listed in Exhibit 3, and/or at any other CITY-supported events that are 1696 held on CITY property and requested by CITY, at no additional cost to the CITY or its ratepayers. 1697 Within any Agreement Year, CITY may substitute other events for those listed in Exhibit 3, and 1698 may change the volume of services provided at CITY-supported events, so long as the total 1699 annual cost to CONTRACTOR does not exceed the annual cost of providing the services for the 1700 events that are listed in Exhibit 3. 1701 10.03 City Code Enforcement Clean-Up Service. In response to the request of the City 1702 Representative, CONTRACTOR shall within two (2) Work Days provide for collection of illegally 1703 dumped materials from CITY Streets, public rights-of-way, and CITY-designated properties. 1704 CONTRACTOR shall collect, transport and deliver the materials to the Disposal Facility, the 1705 Materials Recovery Facility, or such other facility as is appropriate for the disposition of the 1706 materials and approved by the City Representative. CONTRACTOR shall provide up to 1,000 1707 cubic yards of this service per Agreement Year at no charge to CITY. For any excess volume, 1708 CONTRACTOR may charge a fee in accordance with the Maximum Service Rates as specified 1709 in Exhibit 1, as adjusted in accordance with this Agreement. Unused volume may not be carried 1710 forward as a credit to subsequent years. 1711 10.03.1 Abandoned Waste Notification. CONTRACTOR shall direct its 1712 collection vehicle drivers to note (i) the addresses of any premises at which the driver observes 1713 that Garbage, Recyclable Material, and/or Organic Waste Material is accumulating; and (ii) the 1714 address, or other location description, at which Garbage, Recyclable Material, and/or Organic 1715 Waste has been dumped in an apparently unauthorized manner. This includes material 1716 accumulating or deposited in CITY Streets, in public rights-of-way, or on vacant parcels to the 1717 CITY. CONTRACTOR shall deliver the address or description to CITY within twenty-four hours 1718 (24) of such observation. 1719 10.04 Non-CITY Large Venue and Event Collection Service. CONTRACTOR shall 1720 provide Collection services, upon request, to any venue and/or event within the CITY Service 1721 Area. Specifically, CONTRACTOR shall provide, at a minimum, Garbage and Recyclable 1722 Materials Collection services, and shall also provide Organic Waste Collection services if one (1) 1723 cubic yard or more of Organic Waste is generated per day at the Venue or Event. Organic Waste 1724 Collection services, if provided, shall include collection of both Green Waste and Food Waste.
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1725 CONTRACTOR shall provide Collection as frequently as requested by the CITY or the event 1726 organizer. CONTRACTOR shall provide an adequate number and type of Collection Container(s) 1727 for the venue or event and shall coordinate its Collection services with CITY or event organizer. 1728 Containers shall be appropriately labeled to collect Garbage, Recyclable Materials or Organic 1729 Waste. Within ten (10) Business Days of CONTRACTOR receiving a request to supply an event 1730 with Garbage, Recyclable Materials, Organic Waste Collection services, the CONTRACTOR will 1731 either meet with or schedule a meeting with the event organizer to discuss the event's parameters, 1732 including location, number of people attending, type of event, type of food being provided, and 1733 other related issues. Once parameters of the event are determined, proper Containers will be 1734 provided by CONTRACTOR, with emphasis on recycling and diversion of the materials 1735 generated. 1736 10.04.1 Maximum Service Rates. CONTRACTOR may charge the 1737 venue/event organizer at the Maximum Service Rates in accordance with Exhibit 1 for comparable 1738 services provided to Commercial Service Units. Recyclable Materials Collection service shall be 1739 provided at no additional cost to venues/events that subscribe to Garbage Collection. 1740 10.04.2 Reporting. The CONTRACTOR shall report the tonnage of each 1741 material type Collected at each venue and event to the CITY and, upon CITY request, to the event 1742 organizer. For venues and events which are required to comply with the Large Venues and Events 1743 Recycling Law, codified at Public Resources Code Section 42648 et seq., CONTRACTOR shall 1744 assist the venue or event organizer in preparing a Recycling Plan and reporting all information 1745 required by those provisions of the law. CONTRACTOR shall be required to provide to CITY, at 1746 a minimum, the following information for each venue or event: 1747 10.04.2.1 List of large venues and events in Service Area. 1748 10.04.2.2 Physical and mailing addresses. 1749 10.04.2.3 Contact name, address, phone number and email address. 1750 10.04.2.4 Type of venue or event (e.g., museum, concert, sporting 1751 event). 1752 10.04.2.5 Status of the venue or event’s written waste 1753 diversion/Recycling Plan (for all venues and events which 1754 are required to comply with the Large Venues and Events 1755 Recycling Law), and a description of the extent in which the 1756 plan has been implemented. 1757 10.04.2.6 Service level provided (i.e., Solid Waste, Recyclable 1758 Materials and Organic Waste). 1759 10.04.2.7 Tons disposed and diverted, by material type. 1760 10.04.2.8 Description of the scope and types of diversion programs 1761 provided. 1762 10.04.2.9 Any other information required by law. 1763 10.05 Compost Giveaway and Shred Events. Twice per Agreement Year, at no additional 1764 cost to the CITY or Service Recipients, CONTRACTOR will coordinate with the CITY to host up 1765 to threea twice annual shred event annually. Two of the shred events will be held in conjunction 1766 with "“Bring Your Own Bucket” (BYOB) giveaway of compost to CITY residents, unless otherwise 1767 approved by the CITY. The third shred event should be scheduled in partnership with the Senior 1768 Coastsiders or with any other local organization identified by the CITY. The BYOB compost
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1769 giveaway will provide residents with free compost to enrich their gardens while also educating 1770 residents on the benefits of home composting. In addition, CONTRACTOR representatives will 1771 be on hand to distribute recycling guides and other educational material promoting waste 1772 reduction and recycling. Households will be limited to three banker-size boxes at each shred 1773 event. The compost giveaway will include a total of fifteen (15) cubic yards of compost per 1774 giveaway. The dates and times for Compost Giveaway events will be mutually agreed upon 1775 between the CONTRACTOR and the CITY Representative. 1776 10.06 School Tours and Scholarships. CONTRACTOR shall provide busing for Cabrillo 1777 Unified School District Schools located in Half Moon Bay and tours of the Ox Mountain Landfill, 1778 up to five times per school year. Additionally, CONTRACTOR shall provide one one thousand- 1779 dollar ($1,000) scholarship per calendar year to a high school student residing in the City limits or 1780 attending Half Moon Bay High School to assist with their secondary education. Selection criteria 1781 will be determined through consultation with Half Moon Bay High Schoolthe CITY and 1782 administered in the spring semester. 1783 10.07 Poplar Beach Cleanup. Twice per Agreement Year, at no additional cost to the 1784 CITY or Service Recipients, CONTRACTOR will coordinate cleanups at Poplar Beach in 1785 collaboration with the CITY, Chamber and other local organizations. 1786 10.08 Street Sweeping Services. CONTRACTOR shall provide Street Sweeping 1787 Services throughout the term of this Agreement, in accordance with the following terms and 1788 conditions. 1789 10.08.1 Manner of Service. CONTRACTOR shall provide a complete sweep 1790 of all Curb Miles on all publicly maintained CITY Streets. Within any Curb Mile, CONTRACTOR 1791 shall be responsible for sweeping all curbs including Median Islands and the corners from any 1792 cross street intersecting the subject street. CONTRACTOR shall obey all laws governing the 1793 operation of the sweepers on a public street, and shall perform its operations so that sweepers 1794 are traversing their routes in the normal direction of traffic. 1795 10.08.2 CONTRACTOR shall furnish all materials, labor, supervision and 1796 equipment necessary to perform all work required for regularly scheduled sweeping of all public 1797 streets in the City at the frequency and within the time frames described in Exhibit 4. Within 90 1798 days of the Effective Date, CONTRACTOR shall adopt a CITY approved street sweeping 1799 schedule that follows the CITY approved refuse collection schedule, including adjustments for 1800 Holidays. The sweep shall occur within two (2) Work Days following refuse collectionoccur once 1801 a month on a designated weekly schedule as identified in the sweep mMaps, except in specified 1802 areas that require weekly sweeping. Sweeping will not occur on SFD collection days in the 1803 designated neighborhoods. ContractorCONTRACTOR may at times perform additional sweeps 1804 on collection days to mitigate litter and spillage from overloaded containers at 1805 contractorsCONTRACTOR’S own expense. Exceptions resulting from equipment breakdowns 1806 shall be immediately reported to the CITY with a catch-up schedule. 1807 10.08.3 CONTRACTOR shall also provide an annual 500-hour time bank 1808 for unscheduled sweeping and related services as described in Exhibit 4 or as otherwise 1809 assigned by the CITY upon 24-hour notice. Emergency incidents including vehicle accidents, illicit 1810 discharges, and other emergencies shall be responded to within two hours or less depending on 1811 the severity of the incident. 1812 10.08.4 Maps. CONTRACTOR shall provide the Street Sweeping Service 1813 route maps to the CITY Representative upon request, within ninety (90) days from receipt of 1814 written notice. The maps shall be provided in a format that can be posted to the CITY website.
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1815 10.08.5 Sweeping Method. Unsweepable items that impede sweeping, 1816 such as palm fronds, rocks, trash and debris shall be removed from the sweeping path and 1817 properly disposed of by the operator rather than driving around them. Items that impede sweeping 1818 and are immovable such as construction debris and impaired vertical or horizontal clearance by 1819 tree limbs shall be reported to the CITY immediately for correction. CONTRACTOR is not 1820 responsible for areas missed due to parked cars or other personal property. Sweeper operators 1821 shall immediately report to CONTRACTOR and the CITY all illicit discharges observed during 1822 routes. CONTRACTOR shall train all operators to recognize illicit discharges and stormwater 1823 pollution sources prior to work as street operators and annually thereafter, using CITY-approved 1824 training materials. Such training shall be documented for review by the CITY. 1825 10.08.5.1 In areas where drainage is a problem, CONTRACTOR shall 1826 make as many passes as necessary to remove debris from standing water. In addition, all sand, 1827 dirt, rocks, gravel, vegetation, and other sweepable debris shall be removed from the street during 1828 the sweeping operation. If standing water is over the top of curb, then CONTRACTOR shall not 1829 be required to sweep that specific area. Sweeper operators shall report drainage problems to 1830 CONTRACTOR and CITY on a monthly basis, or as deemed appropriate by CONTRACTOR. 1831 10.08.6 Standards of Service. All areas swept under this Agreement shall 1832 be thoroughly cleaned. All debris shall be picked up by the sweeper unit and disposed of at 1833 CONTRACTOR's expense as outlined in this Section. Sweeping shall include the removal of all 1834 sand, gravel, dirt, litter, vegetation, and any and all other debris that accumulates between 1835 sweeps. Curb lines shall be swept along both sides of the roadway, or to the edge of pavement 1836 where no curb exists, along all curbs on raised medians, over all portions of painted medians, 1837 painted left and right turn pockets, and all intersection cross gutters. Sweeping shall normally 1838 require one pass over an area. CONTRACTOR shall make additional passes or make such extra 1839 effort required to adequately clean the street to the satisfaction of the CITY. Extra effort shall be 1840 required when sweeping equipment leaves a dirt/silt smear in its swept path. The service 1841 standards in this Section may be reviewed and modified as conditions warrant to maintain 1842 cleanliness by the CITY or as necessary to comply with any regulatory permits issued to CITY. 1843 10.08.7 Water. CONTRACTOR shall obtain water services from the 1844 appropriate water utility or CITY, if deemed appropriate, for the water necessary in the street 1845 sweeping operation, and the cost of the water shall be borne by CONTRACTOR. 1846 10.08.7.1 When possible, and in accordance with applicable laws and 1847 regulations, including Title 22 of the California Code of Regulations, CONTRACTOR shall use 1848 reclaimed or tertiary recycled water. 1849 10.08.7.2 CONTRACTOR shall not discharge liquid waste from the 1850 sweeper units onto CITY streets or into the storm drain system. 1851 10.08.7.3 Washing of sweepers on CITY property is prohibited. Any 1852 and all washing of sweeper units shall be compliant with Section 12.07. CONTRACTOR shall 1853 implement best management practices when loading water into the street sweepers to prevent 1854 any overflow/potable water discharges into the storm drain system. 1855 10.08.8 Sweeper Speed. CONTRACTOR shall operate the sweepers at a 1856 speed of not more than five (5) miles per hour in residential areas and eight (8) miles per hour in 1857 commercial areas when sweeping or when the sweeper brooms are down, unless 1858 CONTRACTOR can demonstrate that the sweeper can operate efficiently and safely at a higher 1859 speed. CITY will use industry standards, Environmental Protection Agency information, and the
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1860 sweeper manufacturers’ recommendations on the speed of sweepers when considering speeds 1861 greater than six (6) miles per hour. 1862 10.08.9 Width of Sweeper Path. CONTRACTOR shall sweep a path, with 1863 all brooms down, with a width of not less than eight (8) feet unless parked vehicles, structures, or 1864 other objects prohibit the safe sweeping of this path width. The path shall begin at the face of the 1865 curb, and include the flow line of the gutter. Unless blocked by parked cars, Garbage Carts, 1866 Recycling Carts, or Organics Carts the face of the curb and gutter shall always be included within 1867 the sweeper path. On those residential streets with no curb, the width of the sweeper path shall 1868 be not less than eight (8) feet measured from the edge of the pavement toward the center of the 1869 street. 1870 10.08.10 Street Sweeping Frequency. 1871 10.08.10.1 Residential Streets. CONTRACTOR shall provide Street 1872 Sweeping Service for each Curb Mile of residential streets in the CITY once a month on a 1873 scheduled route basis. However, in those instances where the scheduled Street Sweeping 1874 Service day falls on a Holiday, CONTRACTOR shall adjust the route schedule as set forth in 1875 Section 3.09. 1876 10.08.10.2 Commercial Streets. CONTRACTOR shall provide Street 1877 Sweeping Service for each Curb Mile of commercial streets no earlier than 2:00 a.m.in the CITY’s 1878 downtown area once per week on a scheduled route basis. However, in those instances where 1879 the scheduled Street Sweeping Service day falls on a Holiday, CONTRACTOR shall adjust the 1880 route schedule as set forth in Section 3.09. 1881 10.08.10.3 Other Areas. CONTRACTOR shall provide Street 1882 Sweeping Service for additional areas, as described in Exhibit 4 at a frequency as provided in 1883 Exhibit 4. 1884 10.08.10.4 Change in Frequency. The CITY may direct CONTRACTOR 1885 to change the frequency of street sweeping for any CITY street. CONTRACTOR shall implement 1886 CITY-directed changes in frequency within fifteen (15) Work Days of receipt of written notice from 1887 the CITY Representative to adjust sweeping frequency. Any changes under this Section shall be 1888 treated as CITY-directed changes under Section 25.02. 1889 10.08.11 Street Sweeping Hours of Service. 1890 10.08.11.1 Residential Streets. CONTRACTOR shall provide Street 1891 Sweeping Service on residential streets commencing no earlier than 6:00 a.m. and terminating 1892 no later than 4:00 p.m. Monday-Friday. Street Sweeping Services shall take place five days per 1893 week. The hours, days, or both of service may be extended due to extraordinary circumstances 1894 or conditions with the prior written consent of the CITY Representative. Sweeping in residential 1895 areas shall be coordinated with Collection Services to ensure that sweeping occurs after collection 1896 of all Carts has been completed on a specific street. 1897 10.08.11.2 Commercial Streets. CONTRACTOR shall provide Street 1898 Sweeping Service on commercial streets commencing no earlier than 2:00 a.m. and terminate no 1899 later than 6:00 a.m. Monday-Friday. Street Sweeping Service shall take place five days per week. 1900 The hours, days, or both of service may be extended due to extraordinary circumstances or 1901 conditions with the prior written consent of the CITY Representative. The CITY may restrict Street 1902 Sweeping hours in the downtown area or other areas where noise or traffic negatively affects the 1903 surrounding neighborhoods.
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1904 10.08.11.3 Other Areas. Designated collector, arterial streets and CITY 1905 facilities may be swept on a schedule as provided in Exhibit 4. 1906 10.08.12 Street Changes. CITY and CONTRACTOR acknowledge that it 1907 may be necessary or desirable to add or delete CITY Streets for which CONTRACTOR will 1908 provide Street Sweeping Services or necessary to temporarily modify sweeping schedules. CITY 1909 will provide notice of any such changes to CONTRACTOR which may be caused by the following: 1910 10.08.12.1 Construction or development on or along a street. 1911 10.08.12.2 Pavement maintenance activities, including the chip seal 1912 program or the slurry seal program. 1913 10.08.12.3 Special sweeping on alternative schedule. 1914 10.08.12.4 Other legitimate reasons that make sweeping impractical as 1915 determined by the CITY Representative. 1916 10.08.13 Street Additions. As new streets are constructed and accepted by 1917 CITY, CITY may, at CITY’S sole option, designate such streets as part of the Service Area for the 1918 purposes of Street Sweeping Services. If the CITY Representative designates such streets as 1919 part of the Service Area, CONTRACTOR shall provide Street Sweeping Service on such streets 1920 under the terms and conditions of this Agreement within fifteen (15) Work Days of receipt of written 1921 notice from the CITY Representative to begin service. 1922 10.08.14 Street Deletions. CITY may require some CITY Streets to be 1923 temporarily or permanently removed from the list of scheduled streets for which CONTRACTOR 1924 provides Street Sweeping Service under this Agreement. CONTRACTOR shall immediately 1925 cease providing Street Sweeping Service to any CITY Street upon receipt of written notice from 1926 the CITY Representative to stop such service. When a CITY Street has been temporarily removed 1927 from the list of scheduled streets, CONTRACTOR shall resume Street Sweeping Service on such 1928 street in the next regularly scheduled cycle following the receipt of written notice from the CITY 1929 Representative to resume service. 1930 10.08.15 Revised Maps. CONTRACTOR shall revise the Street Sweeping 1931 Service route maps to show permanent addition or deletion of CITY Streets and shall provide 1932 such revised maps to the CITY Representative upon request, within ninety (90) days from receipt 1933 of written notice. The maps shall be provided in a format that can be posted to the CITY website. 1934 10.08.16 Hazardous Waste. CONTRACTOR shall not be required to remove 1935 any Hazardous Waste from the street surface. If, in the course of performing Street Sweeping 1936 Services, any suspected Hazardous Waste is encountered, CONTRACTOR shall immediately 1937 report the location to the CITY’s Police Department, the CITY Representative, and any other 1938 responsible agency. 1939 10.08.17 Disposal of Sweep Waste. CONTRACTOR shall transport and 1940 deliver to the Disposal Facility all Sweep Waste collected as a result of performing Street 1941 Sweeping Services in a manner that meets AB 939 or other waste diversion requirements 1942 established per CalRecycle. In the event the Disposal Facility is closed on a Work Day or is 1943 otherwise unable to accept the Sweep Waste for disposal, CONTRACTOR shall transport and 1944 dispose of the Sweep Waste at such other legally permitted Disposal Facility approved by the 1945 CITY Representative. Debris recycling and processing shall be by mutual agreement between the 1946 CONTRACTOR and the CITY and shall not be calculated as part of the minimum annual diversion 1947 rate required in Article 5.
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1948 10.08.18 Spillage. During hauling, all Sweep Waste shall be contained, 1949 covered and enclosed so that leaking, spilling and blowing of the Sweep Waste is prevented. 1950 CONTRACTOR shall be responsible for the immediate clean-up of any spillage caused by 1951 CONTRACTOR. 1952 10.08.18.1 Not less than forty-five (45) Work Days prior to 1953 commencement of Street Sweeping Services, CONTRACTOR shall submit to the CITY 1954 Representative, Service Area maps precisely defining the Sweeper Routes for review and 1955 approval by the CITY Representative. The route maps shall include the days of the month 1956 sweeping shall occur, the sweeping schedules in adjacent areas, the areas of the CITY to be 1957 swept, the start and finish of each route, the location of each dumpsite, and any special needs 1958 such as early starts, and late finishes. 1959 10.08.18.2 The CITY Representative may provide written comments on 1960 the preliminary maps to CONTRACTOR no later than twenty (20) Work Days after receipt of the 1961 maps from CONTRACTOR. CONTRACTOR shall revise the maps to reflect such comments and 1962 return them to the CITY Representative within twenty (20) Work Days after receipt of the CITY 1963 Representative’s comments. 1964 10.08.18.3 Upon approval by the CITY Representative of the final 1965 Sweeper Route maps, CONTRACTOR shall develop and maintain the Sweeping Routes on a 1966 computerized mapping system that is compatible with CITY’S mapping system to the extent 1967 possible. Street Sweeping maps provided to the CITY shall be in a format that is suitable for 1968 posting to the CITY website. 1969 10.08.18.4 Changes in maps shall be provided by the CITY, and 1970 CONTRACTOR shall update the maps in CONTRACTOR’s system every month. Such changes 1971 shall also be reflected in CONTRACTOR’s printed route maps. 1972 10.08.19 Service Route Changes. CONTRACTOR shall submit to the CITY 1973 Representative, in writing, any proposed route change (including maps thereof) not less than 1974 forty-five (45) Work Days prior to the proposed date of implementation. 1975 10.08.19.1 The CITY Representative may provide written comments to 1976 CONTRACTOR on such proposed change no later than ten (10) Work Days after receipt of the 1977 proposal from CONTRACTOR, and CONTRACTOR shall revise the routes to reflect such 1978 comments and return them to the CITY Representative within ten (10) Work Days of receipt of 1979 such comments. 1980 10.08.19.2 CONTRACTOR shall not implement any route changes 1981 without the prior written approval of the CITY Representative. If the approved route change will 1982 change the day on which Street Sweeping Service will occur, CONTRACTOR shall notify the 1983 affected Service Recipients of route changes not less than thirty (30) Work Days before the 1984 proposed date of implementation in a manner approved by the CITY Representative. 1985 10.08.20 Other CITY Sweep Service. If during the term of this Agreement, 1986 circumstances exist that require work associated with the Street Sweeping Service program that 1987 is not specifically provided for in this Agreement, the CITY Representative may require 1988 CONTRACTOR to perform such other associated work (“OAW”). 1989 10.08.20.1 When CONTRACTOR performs OAW, the labor, materials, 1990 and equipment used in the performance of such work shall be subject to the prior written approval 1991 of the CITY Representative.
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1992 10.08.20.2 Examples of OAW that CONTRACTOR may be required to 1993 perform include: performance of special sweeps, flood clean-up, street sanitation for parades and 1994 celebrations, CITY requested clean-up services, and any contingency where sweeper and 1995 supporting sweeper equipment could assist in a particular instance. 1996 10.08.20.3 CONTRACTOR shall provide certain OAW services within 1997 24 hours of CITY request, including but not limited to sweeping of a spill, accident, or other 1998 situations as deemed necessary by the CITY. 1999 10.08.21 Street Sweeping Quality of Work. The standards of performance 2000 which CONTRACTOR is obligated to meet are those good street sweeping practices which leave 2001 the service area in a debris and dirt free condition. 2002 10.08.22 Street Sweeping Equipment. 2003 10.08.22.1 General Provisions. All Street Sweeping Service equipment 2004 used by CONTRACTOR in the performance of services under this Agreement shall be of a high 2005 quality, adequate to meet standards of service provided for in this Section, and shall be primarily 2006 regenerative air in design, however mechanical broom or vacuum systems may be appropriate 2007 and in conformance with the City’s Storm Water Permit. All vehicles to be used shall comply with 2008 the provisions of Article 12 for collection vehicles. 2009 10.08.22.2 Collection Vehicles. The collection vehicles shall be 2010 designed and operated so as to prevent collected materials from escaping from the collection 2011 vehicles. Hoppers shall be closed on top and on all sides with screening material to prevent 2012 collected materials from leaking, blowing or falling from the collection vehicles. 2013 10.08.22.3 Clean Air Collection Vehicles. During the term of this 2014 Agreement, to the extent required by law, CONTRACTOR shall provide its Street Sweeping 2015 vehicles to be in full compliance with all Applicable Laws, including State and federal clean air 2016 requirements that are adopted or proposed to be adopted, including, but not limited to, the 2017 California Air Resources Board Heavy Duty Engine Standards as currently proposed to be 2018 contained in California Code of Regulations, title 13, sections 2020 et seq., the Federal EPA’s 2019 Highway Diesel Fuel Sulfur regulations and all other applicable air pollution control laws. 2020 10.08.22.4 Vehicle Noise Level. All Street Sweeping operations shall 2021 be conducted as quietly as possible and must comply with Applicable Laws, including federal EPA 2022 noise emission regulations, currently codified at Code of Federal Regulations, title 40, Part 205. 2023 10.08.22.5 Reserve Equipment. CONTRACTOR shall have available 2024 to it, at all times, reserve collection and Street Sweeping Service equipment that can be put into 2025 service and operation within one (1) hour of any breakdown. Such reserve equipment shall 2026 correspond in size and capacity to the equipment used by CONTRACTOR to perform 2027 CONTRACTOR’s duties under this Agreement. 2028 10.08.22.6 All equipment shall be maintained in good mechanical 2029 condition, including brushes and brooms that shall be replaced at regular intervals. 2030 CONTRACTOR shall immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) 2031 that leak or spill from equipment into the street or public right of way. 2032 10.08.22.7 Sweeping equipment shall not be stored on CITY property 2033 or in the public right of way unless mechanical failure prevents immediate removal. In the event 2034 of mechanical failure, all efforts must be made to remove the equipment from the public right of 2035 way as soon as possible. The CITY must approve any overnight storage in public right of way or 2036 on CITY property.
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2037 10.08.22.8 All equipment is subject to inspection by the CITY at any 2038 time. 2039 10.08.22.9 All sweepers shall have an operational strobe and back-up 2040 alarm and shall conform to all CITY, San Mateo County, State and federal safety requirements. 2041 10.08.23 Staffing. All Street Sweeper operators shall abide by the 2042 requirements set forth in Article 28 of this Agreement. 2043 10.08.24 Communication. CONTRACTOR shall have direct communication 2044 with all sweeping operators in the field utilizing radios or cellular telephones. Each sweeper 2045 operator shall have the ability to communicate verbal information immediately to CITY staff, Police 2046 and Fire Department personnel, residents, and to report illicit storm water discharges and 2047 hazardous street or drainage conditions to the CITY. CONTRACTOR shall also report missed 2048 routes and citizen complaints and resolution to the CITY on a weekly basis, when applicable. 2049 10.08.25 CONTRACTOR shall supply a 24-hour message telephone number 2050 to the CITY Traffic Engineer so that the CITY can notify CONTRACTOR of traffic counter 2051 installations. 2052 10.08.26 Drivers shall be aware of their locations in order to raise their 2053 brooms and avoid destruction of traffic counter cables. CONTRACTOR shall use due diligence to 2054 avoid traffic counter cables. 2055 10.08.27 Deficiencies and Corrections. The CITY may also make regular 2056 unannounced inspections of Street Sweeping locations if a swept area is deemed to be below 2057 acceptable performance standards, the substandard section shall be re-swept within 24 hours of 2058 notification. CONTRACTOR shall re•sweep at their own expense. The CITY shall be notified of 2059 the completed re-sweep. 2060 10.08.28 CITY Storm Water Permit. CONTRACTOR shall meet street 2061 sweeping requirements included in the CITY’s current Storm Water Discharge Permit (Order NO. 2062 R2-2009-0074, NPDES NO. CAS612008) as it may be amended, revised, or reissued from time 2063 to time.
2064 ARTICLE 11. Collection Routes 2065 11.01 Collection Route Changes. CONTRACTOR shall submit to CITY, in writing, any 2066 proposed route change (including maps thereof) not less than sixty (60) calendar days prior to 2067 the proposed date of implementation. To the extent possible, CONTRACTOR will provide the map 2068 data in an electronic format that is compatible with the format used by CITY. CONTRACTOR shall 2069 not implement any route changes to SFD Service Recipients without the prior review of the City 2070 Representative. If the route change will change the collection day for a Service Recipient, 2071 CONTRACTOR shall notify those Service Recipients in writing of route changes not less than 2072 thirty (30) days before the proposed date of implementation. 2073 11.02 Collection Route Audits. CITY reserves the right to conduct audits of 2074 CONTRACTOR’S collection routes. CONTRACTOR shall cooperate with CITY in connection 2075 therewith, including permitting CITY employees or agents, designated by the City Representative, 2076 to ride in the collection vehicles in order to conduct the audits. CONTRACTOR shall have no 2077 responsibility or liability for the salary, wages, benefits or worker compensation claims of any 2078 person designated by the City Representative to conduct such audits.
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2079 ARTICLE 12. Collection Vehicles 2080 12.01 General Provisions. All collection vehicles used by CONTRACTOR in the 2081 performance of services under this Agreement shall be of a high quality. CONTRACTOR shall 2082 replace its current Collection vehicles in accordance with the replacement schedule set forth in 2083 Exhibit 11. 2084 12.02 Vehicle Registration, Licensing and Inspection. Upon request by CITY, 2085 CONTRACTOR shall submit documentation to CITY Representative to verify that each of 2086 CONTRACTOR’S collection vehicles is in compliance with all registration, licensing and 2087 inspection requirements of the California Highway Patrol, the California Department of Motor 2088 Vehicles, and any other applicable governmental body. CONTRACTOR shall not use any vehicle 2089 to perform Collection Services that is not in compliance with applicable registration, licensing and 2090 inspection requirements. Each vehicle shall comply, at all times, with all applicable statutes, laws 2091 or ordinances of any public agency. Routine inspections by the California Highway Patrol will be 2092 required bi-annually and certificates for said inspection shall be filed with CITY upon request. 2093 12.03 Clean Air Vehicles. During the term of this Agreement, to the extent required by 2094 law, CONTRACTOR shall provide for its collection vehicles to be in full compliance with all then- 2095 applicable local, State and federal clean air requirements, including, but not limited to, the 2096 California Air Resources Board Heavy Duty Engine Standards; the Federal EPA’s Highway Diesel 2097 Fuel Sulfur regulations, and any other applicable air pollution controls. 2098 12.04 Vehicle Noise Level. All collection operations shall be conducted as quietly as 2099 possible and must comply with U.S. EPA noise emission regulations currently codified at 40 CFR 2100 Part 205, and other applicable State, County, and City noise control regulations. 2101 12.05 Safety Equipment. All collection equipment used by CONTRACTOR shall have 2102 appropriate safety markings including, but not limited to, highway lighting, flashing and warning 2103 lights, clearance lights, and warning flags. All such safety markings shall be subject to the 2104 approval of CITY (if different from the markings commonly used by CONTRACTOR) and shall be 2105 in accordance with the requirements of the California Vehicle Code, as may be amended from 2106 time to time. All collection vehicles shall be equipped with audible back-up warning devices. 2107 12.06 Vehicle Signage and Painting. Collection vehicles shall have signage in letters of 2108 contrasting color, at least four (4) inches high, on each side and the rear of each vehicle that 2109 clearly states that the collection vehicle is servicing the City of Half Moon Bay, provides 2110 CONTRACTOR'S name, CONTRACTOR’S customer service telephone number, and the number 2111 of the vehicle. No advertising shall be permitted other than the name of CONTRACTOR except 2112 promotional advertisement of the Recyclable Materials and Organic Waste programs. 2113 CONTRACTOR shall repaint all vehicles (including vehicle striping) during the term of this 2114 Agreement on a frequency as necessary to maintain a positive public image as reasonably 2115 determined by the City Representative, but CONTRACTOR shall not be required to repaint any 2116 vehicle more than once every eight (8) years. 2117 12.07 Vehicle Maintenance. CONTRACTOR shall maintain collection vehicles in a clean 2118 condition and in good repair at all times and ensure that no Collected materials, oil, grease, or 2119 other substances will blow, fall out, escape or leak out of the vehicle, with the exceptions of vehicle 2120 emission. All parts and systems of the collection vehicles shall operate properly and be 2121 maintained in a condition reasonably satisfactory to CITY. CONTRACTOR shall wash all 2122 collection vehicles at least once a week.
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2123 12.08 Maintenance Log. CONTRACTOR shall maintain a maintenance log for all 2124 collection vehicles. The log shall at all times be accessible to CITY by physical inspection upon 2125 request of City Representative, and shall show, at a minimum, each vehicles’ CONTRACTOR 2126 assigned identification number, date purchased or initial lease, dates of performance of routine 2127 maintenance, dates of performance of any additional maintenance, and description of additional 2128 maintenance performed. 2129 12.09 Equipment Inventory. On or before April 30, 2018, and by April 30th annually 2130 thereafter as part of CONTRACTOR’S annual report to CITY, CONTRACTOR shall provide to 2131 CITY an inventory of collection vehicles and major equipment used by CONTRACTOR for 2132 collection or transportation and performance of services under this Agreement. The inventory 2133 shall indicate each collection vehicle by CONTRACTOR-assigned identification number, DMV 2134 license number, the age of the chassis and body, type of fuel used, the type and capacity of each 2135 vehicle, the number of vehicles by type, the date of acquisition, the decibel rating and the 2136 maintenance status. CONTRACTOR shall submit to the City Representative by e-mail an updated 2137 inventory annually to CITY or more often at the request of the City Representative. Each vehicle 2138 inventory shall be accompanied by a certification signed by CONTRACTOR that all collection 2139 vehicles meet the requirements of this Agreement. 2140 12.10 Reserve Equipment. CONTRACTOR shall have available to it, at all times, reserve 2141 collection equipment which can be put into service and operation within one (1) hour of any 2142 breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used 2143 by CONTRACTOR to perform its contractual duties.
2144 ARTICLE 13. Customer Service 2145 13.01 Customer Service Program. CONTRACTOR shall develop, implement, and 2146 maintain a Customer Service Program to ensure that all services provided under this Agreement 2147 are provided at high quality and in accordance with CONTRACTOR’S Customer Service Plan 2148 attached as Exhibit 8 of this Agreement. CONTRACTOR’S Customer Service Plan may be 2149 revised from time to time, at CONTRACTOR’S discretion, provided that any amendments to the 2150 Plan shall be approved by the City Representative. Approval of any amendments by City 2151 Representative shall not be unreasonably withheld. 2152 13.02 CONTRACTOR’S Office. CONTRACTOR shall maintain an office within San 2153 Mateo County that provides telephone access using a local number to residents and businesses 2154 of the CITY and is staffed by trained and experienced Customer Service Representatives (CSRs). 2155 Such office shall be equipped with sufficient telephones that all Collection Service related calls 2156 received during normal business hours are answered within five (5) rings, and shall have 2157 responsible persons in charge during collection hours and shall be open during normal business 2158 hours, 8:00 a.m. to 5:00 p.m. on regularly scheduled Work Days (Monday through Friday) and 2159 when SFD holiday service is scheduled to be provided on Saturdays. CONTRACTOR shall 2160 provide either a telephone answering service or mechanical device to receive Service Recipient 2161 inquiries during those times when the office is closed. Calls received after normal business hours 2162 shall be addressed the next Work Day morning. 2163 13.03 Emergency Contact. CONTRACTOR shall provide the City Representative with 2164 an emergency phone number where CONTRACTOR can be reached outside of the required 2165 office hours within a two (2) hour response time. 2166 13.04 Multilingual Service. CONTRACTOR shall at all times maintain the capability of 2167 responding to telephone calls in English and Spanish.
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2168 13.05 Service Recipient Calls. During office hours, CONTRACTOR shall maintain 2169 a telephone answering system capable of accepting at least four (4) incoming calls at one (1) 2170 time. CONTRACTOR shall record all calls including any inquiries, service requests and 2171 complaints into a customer service log. 2172 13.05.1 Response to Calls. All incoming calls will be answered within five 2173 (5) rings. Any call “on-hold” in excess of one and one half (1.5) minutes shall have the option to 2174 remain “on-hold” or to be switched to a message center where Service Recipient can leave a 2175 message. CONTRACTOR’S customer service representative shall return all Service Recipient 2176 calls. For all messages left before 3:00 p.m., all “call backs” shall be attempted a minimum of one 2177 time prior to 6:00 p.m. on the day of the call. For messages left after 3:00 p.m., all “call backs” 2178 shall be attempted a minimum of one time prior to noon the next Work Day. CONTRACTOR shall 2179 make a minimum of three (3) attempts within twenty-four (24) hours of the receipt of the call. If 2180 CONTRACTOR is unable to reach the Service Recipient on the next Work Day, CONTRACTOR 2181 shall send a postcard to the Service Recipient on the second Work Day after the call was received, 2182 indicating that CONTRACTOR has attempted to return the call. 2183 13.06 Website. CONTRACTOR shall develop and maintain a website dedicated to 2184 services provided in CITY that is accessible by the public. The website shall include answers to 2185 frequently asked questions, rates for Collection Services, listing and description of Recyclable 2186 Materials and Organic Waste, Collection Service schedules and maps, and other related topics. 2187 CONTRACTOR shall arrange for CITY’S website to include an e-mail link to CONTRACTOR and 2188 a link to CONTRACTOR’S website. CONTRACTOR’S website shall provide the public the ability 2189 to e-mail complaints to CONTRACTOR and request services or service changes. 2190 CONTRACTOR’S website shall also promote reuse and recycling, and shall present graphics and 2191 statistics illustrating the City’s progress toward becoming a Zero Waste Community, resources 2192 the community can use to support Zero Waste and Sustainability efforts, other CITY 2193 environmental programs, and other materials as requested by CITY. CITY shall review and 2194 approve any changes to CONTRACTOR’S current website.
2195 ARTICLE 14. Public Outreach Services 2196 14.01 Public Outreach Services. CONTRACTOR, at its own expense, shall prepare, 2197 submit and implement an annual (Agreement Year) Public Education and Outreach Plan that 2198 incorporates key features of CONTRACTOR’S Diversion Plan (Exhibit 9) and Education and 2199 Outreach Plan (Exhibit 10). The proposed annual plan must be submitted annually for CITY 2200 approval no later than April 30, 2018, and no later than April 30th each Agreement Year thereafter 2201 as part of CONTRACTOR’S annual report to CITY. The program must include specific steps 2202 designed to increase diversion and participation, for CITY’s residents, businesses and Public 2203 Schools, and may include billing inserts, newsletters, participation at public events, and 2204 sponsorship of Earth Day activities. Public outreach campaigns should target certain diverted 2205 materials or “problem” areas of CONTRACTOR’S Service Area where improvements can be 2206 maximized. Targets of outreach should be based on local trends and recycling patterns based on 2207 information obtained by both the City Representative and CONTRACTOR staff. CONTRACTOR 2208 shall provide space in CONTRACTOR’S public outreach materials, such as mailers, flyers and 2209 newsletters, for CITY to include announcements, community information, articles, and 2210 photographs. Public School outreach shall correspond with the school year and should target 2211 student, faculty and staff participation in the diversion of Recyclable Materials and Organic Waste. 2212 14.02 Recycling Specialist. The CITY may, at any time during the term of this 2213 Agreement, request that CONTRACTOR provide for a Recycling Specialist dedicated to providing
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2214 support for recycling and sustainability programs, including performing commercial waste audits 2215 and outreach and support to commercial and multi-family accounts. If requested, the cost of this 2216 position will be funded by the Monthly Administrative Support Payment described in Section 2217 4.034.3. The Recycling Specialist may be asked to meet with key CITY staff to review 2218 performance on diversion programs. CONTRACTOR may, with approval of the City 2219 Representative, use subcontractors to perform some or all the duties normally assigned to the 2220 Recycling Specialist. The Recycling Specialist will advise appropriate personnel within a business 2221 on methods and recommendations to increase recycling and decrease solid waste, the selection 2222 of collection services and container sizes to maximize diversion, and the potential cost savings if 2223 a business takes recommended actions to increase diversion; educate and train staff and janitors 2224 on best practices for recycling, waste reduction and availability and use of in-house recycling 2225 containers; educate personnel on how to maximize diversion; and provide educational materials, 2226 posters, labels, and memos. 2227 14.03 Annual Collection Service Notice. Prior to the beginning of Eeach Agreement Year 2228 during the term of this Agreement, CONTRACTOR shall publish and distribute separate notices 2229 to all SFD Service Units regarding the SFD Collection Service, to all MFD Service Units regarding 2230 MFD Collect Service, and to all Commercial Service Units regarding Commercial Collection 2231 Service. To the extent appropriate, based on the category of customer receiving the notice, it shall 2232 contain at a minimum: definitions of the materials to be collected, procedures for setting out the 2233 materials, collection and disposal options for unacceptable materials such as Hazardous Waste, 2234 maps of the Service Area indicating the day of the week that Collection Service will be provided, 2235 and CONTRACTOR’s customer service phone number and website address. The notice shall 2236 also include anticipated service rates. The notice shall be provided in English and Spanish, and 2237 shall be distributed by CONTRACTOR no later than March February 1st each Agreement Year. 2238 14.04 Additional Outreach Programs and Services. CONTRACTOR shall provide 2239 additional public outreach services and programs as requested by CITY at a price to be mutually 2240 agreed upon between CONTRACTOR and the City Representative and included in the Maximum 2241 Service Rates. In the event CONTRACTOR and the City Representative cannot reach a mutually 2242 agreed upon price for the requested service or program, CITY shall have the right to procure the 2243 service of other vendors or contractors to provide the requested public outreach service. 2244 14.05 News Media Relations. When practicable, CONTRACTOR shall notify the City 2245 Representative by e-mail or phone of all requests for news media interviews related to the 2246 Collection Services program within twenty-four (24) hours of CONTRACTOR’S receipt of the 2247 request. When practicable, before responding to any inquiries involving controversial issues or 2248 any issues likely to affect participation or Service Recipient perception of services, 2249 CONTRACTOR will discuss CONTRACTOR’S proposed response with the City Representative. 2250 14.05.1 Copies of draft news releases or proposed trade journal articles 2251 related to the Collection Services program shall be submitted to CITY for prior review and approval 2252 at least five (5) Work Days in advance of release, except where CONTRACTOR is required by 2253 any law or regulation to submit materials to any regulatory agency in a shorter period of time, in 2254 which case CONTRACTOR shall submit such materials to CITY simultaneously with 2255 CONTRACTOR’S submittal to such regulatory agency. 2256 14.05.2 Copies of articles related to the Collection Services program 2257 resulting from media interviews or news releases shall be provided to CITY within five (5) Work 2258 Days after publication.
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2259 ARTICLE 15. Emergency Service Provisions 2260 15.01 Emergency Services. In the event of a tornado, major storm, earthquake, fire, 2261 natural disaster, or other such event, the City Representative may grant CONTRACTOR a 2262 variance from regular routes and schedules. As soon as practicable after such event, 2263 CONTRACTOR shall advise the City Representative when it is anticipated that normal routes and 2264 schedules can be resumed. The City Representative shall make an effort through the local news 2265 media to inform the public when regular services may be resumed. The clean-up from some 2266 events may require that CONTRACTOR hire additional equipment, employ additional personnel, 2267 or work existing personnel on overtime hours to clean debris resulting from the event. 2268 CONTRACTOR shall receive additional compensation, above the normal compensation 2269 contained in this Agreement, to cover the costs of rental equipment, additional personnel, 2270 overtime hours and other documented expenses based on the rates set forth in Exhibit 1 to this 2271 Agreement provided CONTRACTOR has first secured written authorization and approval from 2272 CITY through the City Representative.
2273 ARTICLE 16. Record Keeping & Reporting Requirements 2274 16.01 Record Keeping. 2275 16.01.1 Accounting Records. CONTRACTOR shall maintain full, complete 2276 and separate financial, statistical and accounting records, pertaining to cash, billing, and 2277 provisions of all Collection Services provided under this Agreement, prepared on an accrual basis 2278 in accordance with generally accepted accounting principles. Such records shall be subject to 2279 audit and inspection. Gross Revenues derived from provision of the Collection Services shall be 2280 recorded in the accounts of CONTRACTOR. These records shall be separate from other records 2281 maintained by CONTRACTOR for the provision of other services outside the scope of this 2282 Agreement as may be provided by CONTRACTOR. CONTRACTOR shall maintain and preserve 2283 all cash, billing and disposal records for a period of not less than five (5) fiscal years following the 2284 close of each of CONTRACTOR'S fiscal years. 2285 16.01.2 Contractor Payments to CITY. CONTRACTOR shall maintain 2286 records of all payments made to CITY for all items listed in Section 4.034. 2287 16.01.3 Tonnage Records. CONTRACTOR shall maintain records of the 2288 quantities of (i) Garbage, Recyclable Material, and Organic Waste collected, processed, 2289 composted, and disposed under the terms of this Agreement, and (ii) Recyclable Materials and 2290 Organic Waste, by material type, purchased, sold, donated or given for no compensation, and 2291 residue disposed. 2292 16.01.4 Records. CONTRACTOR shall maintain all other records 2293 reasonably related to provision of Collection Services, whether or not specified in this Article 16 2294 or elsewhere in the Agreement. 2295 16.02 Reporting Requirements. Quarterly reports shall be submitted to the City 2296 Representative no later than thirty (30) calendar days after the end of the reporting quarter on 2297 January 30th, April 30th, July 30th, and October 30th and annual reports shall be submitted to the 2298 City Representative no later than forty-five (45) days after the end of each preceding calendar 2299 year (January through December). If the due date falls on a Saturday, the report shall be due on 2300 the preceding Friday, and if the due date falls on a Sunday, the report will be due the following 2301 Monday. Quarterly and annual reports shall be submitted in hard copy, and shall be provided 2302 electronically via e-mail, or a compact disc using software acceptable to CITYelectronically via e-
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2303 mail. Reports shall be submitted in a format mutually agreed upon between CITY and 2304 CONTRACTOR. 2305 16.03 Quarterly Reports. Quarterly reports to CITY shall include: 2306 16.03.1 Garbage Data. The number of SFD, MFD, CITY and Commercial 2307 Service Units and the number of Garbage Bins, Carts, Debris Boxes and Compactors by size and 2308 Service Unit type. A listing of the tonnage from all Collection Services, including Bulky Waste 2309 Collection Service, collected, diverted and disposed by CONTRACTOR at the Disposal Facility 2310 for the preceding quarter sorted between SFD, MFD, Commercial and City Service Units. Any 2311 tonnages diverted and disposed from large venues and events during the reporting period shall 2312 be broken out separately. All tonnage data should be compared to the corresponding tonnage 2313 data from the prior year comparable period. 2314 16.03.2 Recycling Data. The number of gross tons collected by material 2315 type for SFD, MFD, City and Commercial Recycling Collection Service, including Recyclable 2316 Materials collected as part of Bulky Waste Collection Service, for the preceding quarter. Indicate 2317 quarterly totals and location for residue disposed. Any tonnages diverted and disposed from large 2318 venues and events during the reporting period shall be broken out separately. All tonnage data 2319 shall be compared to the corresponding tonnage data from the prior year comparable period. 2320 16.03.3 Organic Waste Data. The number of gross tons collected for SFD, 2321 MFD, City and Commercial Organic Collection Service, including Green Waste collected as part 2322 of Bulky Collection Service, for the preceding quarter. Indicate the number of Organic Waste 2323 Bins, Carts, Debris Boxes, Compactors, and Kitchen Food Waste Pails distributed by size and 2324 Service Unit type. Indicate quarterly totals and location for residue disposed. Any tonnages 2325 diverted and disposed from large venues and events during the reporting period shall be broken 2326 out separately. All tonnage data shall be compared to the corresponding tonnage data from the 2327 prior year comparable period. 2328 16.03.4 Diversion Rate. CONTRACTOR shall provide documentation 2329 acceptable to CITY in its sole discretion stating and supporting the calendar quarter's diversion 2330 rate, as calculated in accordance with the provisions of Article 5. Any tonnages diverted and 2331 disposed from large venues and events during the reporting period shall be counted towards the 2332 calculated diversion rate. Tonnages collected as a result of street sweeping services shall not be 2333 counted towards the calculated diversion rate. 2334 16.03.5 Public Education and Information Activities. CONTRACTOR shall 2335 report on all public education and information activities undertaken during the period, including 2336 distribution of bill inserts, collection notification tags, community information and events, school 2337 visits, tours and other activities related to the provision of Collection Services. This report shall 2338 discuss the impact of these activities on Recycling and Organic Waste program participation and 2339 provide details of events and activities planned for the next period. 2340 16.03.6 AB 341 and 1826 Compliance Data. CONTRACTOR shall report 2341 the total number of Commercial and/or MFD Service Units serviced and the number of containers, 2342 container sizes and frequency of collection for Garbage, Recyclable Materials and Organic Waste 2343 for each Commercial and/or MFD Service Unit. CONTRACTOR shall also provide the following 2344 information, separately for both AB 341 and AB 1826: 2345 16.03.6.1 The total number of Commercial Service Units that fall under 2346 the AB 341/1826 thresholds, and the total number of those Commercial Service Units that are not 2347 subscribed to Recycling/Organics Collection Service.
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2348 16.03.6.2 A summary of the type of follow-up outreach that was 2349 provided to those Commercial Service Units that fall under the threshold that are not subscribed 2350 to Recycling/Organics Collection Service. 2351 16.03.6.3 The total number of MFD Service Units that fall under the 2352 AB 341/1826 thresholds, and the total number of those MFD Service Units that are not subscribed 2353 to Recycling/Organics Collection Service. 2354 16.03.6.4 A summary of the type of follow-up outreach that was 2355 provided to those MFD Service Units that fall under the threshold that are not subscribed to 2356 Recycling/Organics Collection Service. 2357 16.03.7 Processing and Marketing Data. Recycling and Organic Waste 2358 processing and marketing issues or conditions occurring during the previous quarter (such as 2359 participation, setouts, contamination, etc.) and possible solutions, discussed separately for SFD, 2360 MFD, Commercial and CITY programs. 2361 16.03.8 Customer Service Data. A summary narrative of praises, 2362 compliments, and problems encountered with collection and processing activities and actions 2363 taken. Indicate type and number of Non-Collection Notices left at Service Recipient locations. A 2364 copy of the customer service log, including a summary of the type and number of complaints and 2365 their resolution. Copies of a written record of all calls related to missed pickups and responses to 2366 such calls. 2367 16.03.9 Operational Problems and Actions Taken. Indicate instances of 2368 property damage or injury (other than property damage or injury to CONTRACTOR’s property or 2369 personnel), significant changes and/or challenges in operations, and market factors. 2370 16.03.10 Customer Base Data. CONTRACTOR shall provide customer base 2371 data consisting of the number of SFD, MFD, and Commercial Service Units billed, and City 2372 Collection Services sorted by service type, container size, number of containers, and frequency 2373 of collection. 2374 16.03.11 Summary of Historical and Proposed Activities. CONTRACTOR 2375 shall provide a narrative of activities undertaken during the quarter and those planned or proposed 2376 for the upcoming quarter. 2377 16.03.12 Large Venue and Event Collection Data. CONTRACTOR shall 2378 provide all data outlined in Section 10.04.2 for each venue / event serviced during the reporting 2379 period. 2380 16.03.13 Street Sweeping Summary. A summary of the Curb Miles swept, 2381 total Curb Miles missed, total tonnage disposed, recycled or composted, and the estimated 2382 amount of water used in the street sweeping vehicles. 2383 16.03.14 Summary of Contractor Payments to CITY. CONTRACTOR shall 2384 report all payments made to CITY as specified in Section 4.034, and CONTRACTOR’S Gross 2385 Revenues delineated by SFD, MFD, Commercial, and City Collection Service for the reporting 2386 period. 2387 16.04 Annual Reports. The annual report submitted to CITY shall include all quarterly 2388 reports in Sections 16.03.1 through 16.03.13 summarized by quarter and averaged for the 2389 calendar year. For all annual reports beginning with the report for calendar year 2019, 2390 CONTRACTOR shall also include a historical comparison of the last calendar year and the 2391 average of all calendar years. Annual reports to CITY shall also include:
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2392 16.04.1 Gross Revenues and Franchise Fees. 2393 16.04.1.1 A summary of the prior calendar year’s Gross Revenues 2394 broken down by SFD, MFD and Commercial Service Units. 2395 16.04.1.2 A summary of the prior calendar year’s franchise fees paid. 2396 16.04.2 Account Data. Account data for SFD, MFD, Commercial Service 2397 Units and City Service Units including the total number of accounts serviced, and the number of 2398 accounts, account names and addresses of collection locations per each service category. 2399 16.04.3 Equipment Inventory. Updated complete inventory of collection and 2400 major processing equipment including stationary, rolling stock and collection containers by type 2401 and size, and fulfilling all requirements of Section 12.09. 2402 16.04.4 Public Education Plan. Updated Public Education Plan for the new 2403 Agreement Year, in accordance with the requirements of Section 14.01. 2404 16.04.5 Container Cleanings, Replacements and Exchanges. An 2405 accounting of the number of Carts, Bins and Debris Boxes that were cleaned, replaced or 2406 exchanged during the calendar year, and an accounting of the number of Kitchen Food Waste 2407 Pails that were delivered to SFD and MFD Service Recipients during the calendar year. 2408 16.04.6 Public Education and Information Activities. Public education and 2409 information activities undertaken during the calendar year, including distribution of newsletters, 2410 billing inserts, other notices, collection notification tags, community information and events, tours 2411 and other activities related to the provision of services. 2412 16.04.7 Donated Services. A listing of any services beyond the scope of this 2413 Agreement that were donated to CITY or Service Recipients. 2414 16.04.8 Summary of Historical and Proposed Activities. CONTRACTOR 2415 shall provide a narrative of activities undertaken during the calendar year and those planned or 2416 proposed for the upcoming calendar year. CONTRACTOR shall provide information describing if 2417 the activity was undertaken in the previous year or not and if not why it was added. For those 2418 activities that are not being continued, CONTRACTOR shall describe the reason the activity has 2419 been discontinued and the activity that is replacing it. 2420 16.05 Additional Reporting. CONTRACTOR shall furnish CITY with any additional 2421 reports as may reasonably be required, such reports to be prepared within a reasonable time 2422 following the reporting period. In addition, CONTRACTOR shall furnish to CITY information 2423 regarding CONTRACTOR’s activities under this Agreement that is needed for CITY to prepare its 2424 reports to CalRecycle.
2425 ARTICLE 17. Nondiscrimination 2426 17.01 Nondiscrimination. In the performance of all work and services under this 2427 Agreement, CONTRACTOR shall not discriminate against any person on the basis of such 2428 person’s race, sex, color, national origin, religion, marital status, age, disability or sexual 2429 orientation. CONTRACTOR shall comply with all applicable local, state and federal laws and 2430 regulations regarding nondiscrimination, including those prohibiting discrimination in employment.
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2431 ARTICLE 18. Service Inquiries and Complaints 2432 18.01 CONTRACTOR’S Customer Service. CONTRACTOR shall at all times 2433 provide office staff and office hours, including personnel to answer phones and phone answering 2434 capabilities when CONTRACTOR’S office is closed, as specified in Article 13 of this Agreement. 2435 All service inquiries and complaints regarding CONTRACTOR’s services shall be directed to 2436 CONTRACTOR. A representative of CONTRACTOR shall be available to receive the complaints 2437 during normal business hours. All service complaints will be handled by CONTRACTOR in a 2438 prompt, courteous, and efficient manner. In the case of a dispute between CONTRACTOR and 2439 a Service Recipient, the matter will be reviewed and a decision made by the City Representative. 2440 18.01.1 CONTRACTOR will utilize a customer service log to maintain a 2441 record of all inquiries and complaints in a manner prescribed by CITY. 2442 18.01.2 For those complaints related to missed Collections that are received 2443 by 12:00 noon on a Work Day, CONTRACTOR will return to the Service Unit address and collect 2444 the missed Carts or Bins before leaving the Service Area for the day. For those complaints related 2445 to missed collections that are received after 12:00 noon on a Work Day, CONTRACTOR shall 2446 have until the end of the following Work Day to resolve the complaint. For those complaints 2447 related to repair or replacement of carts or bins, the appropriate Articles of this Agreement shall 2448 apply. 2449 18.01.3 CONTRACTOR agrees that it is in the best interest of CITY that all 2450 Garbage, Recyclable Materials, and Organic Waste be collected on the scheduled collection day. 2451 Accordingly, missed Collections will normally be collected as set forth herein regardless of the 2452 reason that the collection was missed. However, in the event a Service Recipient reports missed 2453 collection service more than two (2) times in any consecutive two (2) month period the City 2454 Representative will work with CONTRACTOR to determine an appropriate resolution to that 2455 situation. In the event CONTRACTOR believes any complaint to be without merit, CONTRACTOR 2456 shall notify the City Representative by e-mail. The City Representative will investigate all disputed 2457 complaints and render a decision.
2458 ARTICLE 19. Quality of Performance of Contractor 2459 19.01 Intent. CONTRACTOR acknowledges and agrees that one of CITY’S primary 2460 goals in entering into this Agreement is to ensure that the Collection Services are of the highest 2461 caliber, that Service Recipient satisfaction remains at the highest level, that maximum diversion 2462 levels are achieved, and that materials collected are put to the highest and best use to the extent 2463 feasible. 2464 19.02 Service Supervisor. CONTRACTOR has designated a supervisor to be in charge 2465 of the Collection Service within the Service Area. At least thirty (30) calendar days prior to 2466 replacing the designated supervisor CONTRACTOR shall notify CITY in writing of the name and 2467 qualifications of the new service supervisor. CONTRACTOR shall ensure that such replacement 2468 is an individual with like qualifications and experience. The supervisor shall be available to the 2469 City Representative through the use of a mobile telephone at all times that CONTRACTOR is 2470 providing Collection Services. In the event the supervisor is unavailable due to illness or vacation, 2471 CONTRACTOR shall designate an acceptable substitute who shall be available and who has the 2472 authority to act in the same capacity as the supervisor. The service supervisor shall provide CITY 2473 with an emergency phone number where the supervisor can be reached outside of normal 2474 business hours.
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2475 19.03 Liquidated Damages. The parties further acknowledge that consistent and reliable 2476 Collection Service is of utmost importance to CITY and that CITY has considered and relied on 2477 CONTRACTOR'S representations as to its quality of service commitment in awarding the 2478 Agreement to it. The parties further recognize that some quantified standards of performance are 2479 necessary and appropriate to ensure consistent and reliable service and performance. The parties 2480 further recognize that if CONTRACTOR fails to achieve these performance standards, or fails to 2481 submit required documents in a timely manner, CITY, and CITY’S residents and businesses will 2482 suffer damages and that it is and will be impractical and extremely difficult to ascertain and 2483 determine the exact amount of damages. Therefore, without prejudice to CITY’S right to treat 2484 such non-performance as an event of default under Article 24, the parties agree that the liquidated 2485 damages amount defined in this Article represent reasonable estimates of the amount of such 2486 damages considering all of the circumstances existing on the effective date of this Agreement, 2487 including the relationship of the sums to the range of harm to CITY, customers and the community 2488 as a whole that reasonably could be anticipated and the anticipation that proof of actual damages 2489 would be costly or impractical. In placing their initials at the places provided, each party specifically 2490 confirms the accuracy of the statements made above and the fact that each party has had ample 2491 opportunity to consult with legal counsel and obtain an explanation of the liquidated damage 2492 provisions at the time that the Agreement was made. 2493 CITY Initial Here ______CONTRACTOR Initial Here ______2494 CONTRACTOR agrees to pay (as liquidated damages and not as penalty) the following amounts:
LIQUIDATED DAMAGES
Item Amount
a. Failure or neglect to respond to each complaint by the $100 per incident per close of the next working day. Service Recipient. b. Failure to wash collection vehicles at least once per $100 per incident. week. c. Failure to have a vehicle operator properly licensed. $100 per incident per day. d. Failure to maintain office hours as required by this $100 per incident per Agreement. day. e. Failure to timely submit to CITY all payments and $100 per incident per reports as required under the provisions of this day. Agreement. f. Failure to display CONTRACTOR’S name and $100 per incident per customer service phone number on collection vehicles. day. g. Failure to collect a missed collection by close of the next $100 per incident per Work Day upon notice to CONTRACTOR. day. h. Failure to repair or replace damaged carts or bins within $100 per incident per the time required by this Agreement. day. i. Failure to deliver or exchange carts or bins within the $100 per incident per time required by this Agreement. day.
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LIQUIDATED DAMAGES
Item Amount j. Failure to meet vehicle noise requirements. $100 per incident per day. k. Failure to maintain collection hours as required by this $250 per incident per Agreement. day. l. Failure to have CONTRACTOR personnel in proper $250 per incident per uniform. day. m. Failure to repair damage to customer property caused $500 per incident per by CONTRACTOR or its personnel, after notice by CITY location. or the customer to CONTRACTOR. n. Failure to repair damage to CITY property caused by $500 per incident. CONTRACTOR or its personnel, after notice by CITY to CONTRACTOR. o. Failure to repair damage to City streets directly caused $500 per incident and by CONTRACTOR beyond normal operating wear and the actual reasonable tear, after notice by CITY to CONTRACTOR. cost of repair to CITY’S satisfaction—no cost to CITY. p. Failure to clean up spillage or litter caused by $500 per incident per CONTRACTOR within two (2) hours after notice by location. CITY to CONTRACTOR. q. Failure to properly cover materials in collection vehicles. $500 per incident. r. Changing residential collection days without proper $500 per incident per notification to the City Representative. day. s. Commingling material collected as Garbage with $500 per incident. material collected as Recyclable Materials. t. Disposal of Recyclable Materials or Organic Waste that $500 per load. has been separately collected by Contractor at a Disposal Facility without first obtaining the required permission of CITY. u. Failure to deliver any Collected materials to a CITY $5,000 each failure. approved Disposal Facility, or to a legally permitted Materials Recovery Facility or Organic Waste Processing Facility, except as otherwise expressly provided in this Agreement. v. Commingling of materials collected inside and outside $1,000 per incident. the City of Half Moon Bay in the same collection vehicle without prior City approval.
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Item Amount w. Failure to meet the minimum annual diversion The current disposal requirements set forth in Article 5. cost/ton for each ton under the diversion requirement. x. Failure to maintain all Carts, Bins, and Debris Boxers in $100 per incident per good working order and with proper labeling in day. accordance with the requirements of Section 3.07. This also includes any instances of malfunctioning used oil containers, which are described in Section 7.09.1. y. Failure to replace, repair, or exchange Carts, Bins, and $100 per incident per Debris Boxes in accordance with the requirements of day. Section 3.07.
2495 19.04 Procedure for Review of Liquidated Damages. The City Representative may 2496 assess liquidated damages pursuant to this Article 19 on a monthly or monthly quarterly basis. At 2497 the end of each month during the term of this Agreement, the City Representative may issue a 2498 written notice to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed 2499 and the basis for each assessment. 2500 19.04.1 The assessment shall become final unless, within thirty (30) 2501 calendar days of the date of the notice of assessment, CONTRACTOR provides a written request 2502 for a meeting with the City Representative to present evidence that the assessment should not 2503 be made. 2504 19.04.2 The City Representative shall schedule a meeting between 2505 CONTRACTOR and the City Manager or the City Manager’s designee as soon as reasonably 2506 possible after timely receipt of CONTRACTOR’S request. 2507 19.04.3 The City Manager or the City Manager’s designee shall review 2508 CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated damages 2509 as soon as reasonably possible after the meeting. Written notice of the decision shall be provided 2510 to CONTRACTOR. 2511 19.04.4 In the event CONTRACTOR does not submit a written request for 2512 a meeting within thirty (30) calendar days of the date of the Notice of Assessment, the City 2513 Representative’s determination shall be final and CONTRACTOR shall submit payment to CITY 2514 no later than fifteen (15) calendar days following final determination. Alternatively, at the sole 2515 option of CITY, if monies are owed to CONTRACTOR, CITY may deduct the liquidated damages 2516 from amounts otherwise due to CONTRACTOR. 2517 19.04.5 CITY’s right to assess liquidated damages against CONTRACTOR 2518 under this Article shall be in addition to any other rights and remedies CITY may have against 2519 CONTRACTOR for its non-performance and CITY’S assessment or collection of liquidated 2520 damages shall not prevent CITY from exercising any other right or remedy, including the right to 2521 terminate this Agreement, for CONTRACTOR’S failure to perform the work and services in the 2522 manner set forth in this Agreement.
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2523 19.05 Lockouts. Because it is the intent of this Agreement that CONTRACTOR shall 2524 consistently provide the highest level of services to the residents of the CITY, CONTRACTOR 2525 shall never institute a lockout of any or all of its employees unless CONTRACTOR has previously 2526 provided to CITY an alternate plan of continuing the highest level of services during the 2527 reasonably foreseeable period of such a lockout with ample fully trained substitutes for all such 2528 locked out employees, and CITY has approved such alternate plan in writing prior to such lockout 2529 being instituted by CONTRACTOR. In addition, CONTRACTOR shall fully defend, indemnify and 2530 hold harmless CITY against anything whatsoever related to any such lockout to the extent and as 2531 provided in Article 23 hereof, including but not limited to any claims, proceedings, or suits against 2532 CITY relating to any such lockout. Compliance with this Section shall in no way prevent the 2533 imposition of liquidated damages pursuant to Sections 19.03 and 19.04 hereof if CONTRACTOR 2534 fails to meet the standards or violates any provision as set forth in Section 19.03 a. through y. 2535 hereof.
2536 ARTICLE 20. Billing Audit and Performance Reviews 2537 20.01 Billing Audit and Performance Reviews 2538 20.01.1 Selection and Cost. CITY may conduct billing audit and 2539 performance reviews (“reviews”) of CONTRACTOR’S performance during the term of this 2540 Agreement. The reviews will be performed by a qualified firm under contract to CITY. CITY shall 2541 have the final responsibility for the selection of the firm but may seek and accept comments and 2542 recommendations from CONTRACTOR. CITY may conduct two (2) reviews during the base 10- 2543 year term of this Agreement, and one (1) additional review during the potential extension period 2544 of up to five years. For each review, CONTRACTOR will be responsible for a maximum cost of 2545 Thirty Thousand Dollars ($30,000). This amount will be submitted to the CITY in advance of 2546 each review, and this amount may be escalated annually each April 1st by the same percentage 2547 as the annual average percentage change in the CPI index, subject to the terms and conditions 2548 set forth in Section 4.02.2. 2549 20.01.2 Purpose. The reviews shall be designed to verify that customer 2550 billing rates have been properly calculated and they correspond to the level of service received 2551 by the customer, verify that Franchise Fees, and other fees required under this Agreement have 2552 been properly calculated and paid to CITY, verify CONTRACTOR’S compliance with the reporting 2553 requirements and performance standards of the Collection Service Agreement, and verify the 2554 diversion percentages reported by CONTRACTOR. CITY (or its designated consultant) may 2555 utilize a variety of methods in the execution of the performance review and billing audit, including 2556 analysis of relevant documents, on-site and field observations, and interviews. CITY (or its 2557 designated consultant) will review and document the items in the Agreement that require 2558 CONTRACTOR to meet specific performance standards, submit information or reports, perform 2559 additional services, or document operating procedures, that can be objectively evaluated. This 2560 information will be formatted in a “compliance checklist” with supporting documentation and 2561 findings tracked for each of the identified items. The review will specifically include a determination 2562 of CONTRACTOR’s compliance with the diversion requirements of Article 5, and the public 2563 outreach and education requirements of Article 14. CITY (or its designated consultant) may review 2564 the customer service functions and structure utilized by CONTRACTOR. This may include 2565 CONTRACTOR’s protocol for addressing customer complaints and service interruption 2566 procedures. Complaint logs may be reviewed, along with procedures and systems for tracking 2567 and addressing complaints. On-site and field observations by CITY (or its designated consultant) 2568 may include, but are not necessarily limited to:
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2569 20.01.2.1 Interviews and discussions with Contractor’s administration 2570 and management personnel; 2571 20.01.2.2 Review and observation of Contractor’s customer service 2572 functions and structure; 2573 20.01.2.3 Review of public education and outreach materials; 2574 20.01.2.4 Interviews and discussions with Contractor’s financial and 2575 accounting personnel; 2576 20.01.2.5 Interviews with route dispatchers, field supervisors and 2577 managers; 2578 20.01.2.6 Interviews with route drivers; 2579 20.01.2.7 Interviews with vehicle maintenance staff and observation 2580 of maintenance practices; and 2581 20.01.2.8 Review of on-route collection services, including 2582 observation of driver performance and collection productivity and visual inspection of residential 2583 routes before and after collection to evaluate cart placement and cleanliness of streets. 2584 20.01.3 CONTRACTOR’S Cooperation. CONTRACTOR shall cooperate 2585 fully with the review and provide all requested data, including operational data, financial data and 2586 other data reasonably requested by CITY within thirty (30) Work Days. 2587 20.01.4 Additional Billing Audit and Performance Review. In the event that 2588 the Billing Audit and Performance Review concludes that CONTRACTOR is not in compliance 2589 with all terms and conditions of this Agreement and such non-compliance is material, CITY may 2590 conduct an Additional Billing Audit and Performance Review to ensure that CONTRACTOR has 2591 cured any such area of non-compliance. CONTRACTOR shall be responsible for the cost of any 2592 such Additional Billing Audit and Performance Review, subject to the maximum in Section 2593 20.01.1. 2594 20.02 City Requested Program Review. CITY reserves the right to require 2595 CONTRACTOR to periodically conduct reviews of the SFD and MFD and Commercial Garbage, 2596 Recyclable Materials, and Organic Waste collection programs, provided that such reviews are 2597 reasonable and can be accomplished at no additional cost to CONTRACTOR and without 2598 interfering with CONTRACTOR’s operations. Such reviews could assess one or more of the 2599 following performance indicators: average volume of recyclable materials per setout per 2600 customer, average volume of green waste and/or food scraps per setout per customer, 2601 participation level, contamination levels, etc. Prior to the program evaluation review, CITY and 2602 CONTRACTOR shall meet and discuss the purpose of the review and agree on the method, 2603 scope, and data to be provided by CONTRACTOR. 2604 20.03 Cooperation with Other Program Reviews. If CITY wants to collect program data, 2605 perform field work, conduct route audits to investigate customer participation levels and setout 2606 volumes and/or evaluate and monitor program results related to Garbage, Recyclable Materials 2607 and Organic Waste collected in CITY by CONTRACTOR, CONTRACTOR shall cooperate with 2608 CITY or its agent(s) as reasonably requested by CITY, provided that such cooperation can be 2609 accomplished at no additional cost to CONTRACTOR and without interfering with 2610 CONTRACTOR’s operations.
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2611 ARTICLE 21. Performance Bond 2612 21.01 Performance Bond. A performance bond must be furnished by CONTRACTOR 2613 within fifteen (15) calendar days of notification to CONTRACTOR that the Agreement has been 2614 executed. CONTRACTOR shall furnish to CITY, and keep current, a performance bond in a form 2615 with language that is reasonably acceptable to CITY, for the faithful performance of this 2616 Agreement and all obligations arising hereunder in an amount of One Million Dollars 2617 ($1,000,000). After April 1, 2021, and annually thereafter, CONTRACTOR may request in writing 2618 that the CITY allow the performance bond to be reduced to fifteen percent (15%) of the 2619 CONTRACTOR’s prior annual Gross Revenues. The City shall, at the sole option of the City, 2620 respond to the request in writing within forty-five (45) days of receipt of the written request. Nothing 2621 in this Agreement shall require that the CITY approve the request of the CONTRACTOR, nor shall 2622 the CITY have any obligation to provide CONTRACTOR with its reasoning for approving or 2623 denying the request. 2624 21.02 Renewal. Beginning April 1, 2018, and each April 1st thereafter, CONTRACTOR 2625 shall have the performance bond renewed annually and be executed by a surety company that is 2626 an admitted surety company licensed to do business in the State of California and has an "A:VII" 2627 or better rating by A. M. Best or Standard and Poors, or that is otherwise acceptable to CITY. 2628 21.03 Letter of Credit. As an alternative to the performance bond required by Section 2629 21.01, at CITY’S option, CONTRACTOR may deposit with CITY an irrevocable letter of credit in 2630 an amount as set forth in Section 21.01. If allowed, the letter of credit must be issued by an FDIC 2631 insured banking institution chartered to do business in the State of California, in CITY’S name, 2632 and be callable at the discretion of CITY. Nothing in this Article shall, in any way, obligate CITY 2633 to accept a letter of credit in lieu of the performance bond.
2634 ARTICLE 22. Insurance 2635 22.01 Insurance Policies. CONTRACTOR shall secure and maintain throughout the term 2636 of this Agreement insurance against claims for injuries to persons or damages to property, which 2637 may arise from or in connection with CONTRACTOR’S performance of work or services under 2638 this Agreement. CONTRACTOR’S performance of work or services shall include performance by 2639 CONTRACTOR’S employees, agents, representatives and subcontractors. 2640 22.02 Minimum Scope of Insurance. Insurance coverage shall be at least this broad: 2641 22.02.1.1 Commercial General Liability: Insurance Services Office 2642 (ISO) Occurrence Form CG 0001 or its equivalent, or, if approved by CITY, Claims Made Form 2643 No. CG0 0002. Automobile Liability: Insurance Services Office Form No. CA 0001, or its 2644 equivalent, code 1 “any auto”. 2645 22.02.2 Workers’ Compensation Insurance as required by the State of 2646 California and Employers Liability Insurance. 2647 22.02.3 Hazardous Waste and Environmental Impairment Liability 2648 Insurance. 2649 22.03 Minimum Limits of Insurance. CONTRACTOR shall maintain insurance limits no 2650 less than: 2651 22.03.1 Commercial General Liability: Five Million Dollars ($5,000,000) 2652 combined single limit per occurrence, Ten Million Dollars ($10,000,000) annual aggregate; 2653 including products and completed operations coverage.
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2654 22.03.2 Automobile Liability: Three Million Dollars ($3,000,000) combined 2655 single limit per accident for bodily injury and property damage. 2656 22.03.3 Workers’ Compensation and Employers Liability: Workers’ 2657 Compensation insurance as required by the State of California, with statutory limits, and 2658 Employers Liability insurance with limits of One Million Dollars ($1,000,000) per accident. 2659 22.03.4 Hazardous Waste and Environmental Impairment Liability: Ten 2660 Million Dollars ($10,000,000) per occurrence, Twenty Million Dollars ($20,000,000) policy 2661 aggregate covering liability arising from the release of waste materials and/or irritants, 2662 contaminants or pollutants. Such coverage shall, if commercially available without involvement of 2663 CITY, automatically broaden in its form of coverage to include legislated changes in the definition 2664 of waste material and/or irritants, contaminants or pollutants. 2665 22.04 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention 2666 must be declared to, and approved by, CITY. CITY shall not withhold approval of any Deductible 2667 or Self-Insured Retention amounts where CONTRACTOR can demonstrate a successful history 2668 of adequately funding such Deductibles or Self-Insured Retention amounts on a regular basis. 2669 22.05 Endorsements. The liability policies are to contain, or be endorsed to contain, the 2670 following provisions: 2671 22.05.1 CITY, its officers, employees, agents and volunteers are to be 2672 covered as additional insureds with respect to liability arising out of automobiles owned, leased, 2673 hired or borrowed by or on behalf of CONTRACTOR; products and completed operations of 2674 CONTRACTOR; liability arising out of work or operations performed by or on behalf of 2675 CONTRACTOR, including material parts or equipment furnished in connection with such work or 2676 operations; and with respect to Hazardous Waste, Pollution and/or Environmental Impairment 2677 Liability. 2678 22.05.2 CONTRACTOR’S insurance coverage (except for Workers’ 2679 Compensation) shall be primary insurance as respects CITY, its officers, officials, employees, 2680 agents and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, 2681 employees, agents or volunteers shall be excess of CONTRACTOR’S insurance and shall not 2682 contribute with it. 2683 22.05.3 CONTRACTOR’S insurance shall apply separately to each insured 2684 against whom claim is made or suit is brought, except with respect to the limits of the insurer’s 2685 liability, and except for Workers’ Compensation cover. 2686 22.05.4 The Automobile Liability policy shall be endorsed to delete the 2687 Pollution and/or the Asbestos exclusion, or documentation shall be provided that CONTRACTOR 2688 carries environmental pollution liability coverage for Solid Waste transported by CONTRACTOR. 2689 The Automobile Liability policy shall also be endorsed to add the Motor Carrier act endorsement 2690 (MCS-90) TL 1005, TL 1007 and /or other endorsements required by federal or state authorities. 2691 22.06 Waiver of Subrogation CONTRACTOR hereby agrees to waive subrogation 2692 against CITY which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of 2693 the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be 2694 necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be 2695 endorsed with a waiver of subrogation in favor of CITY for all work performed by CONTRACTOR, 2696 its employees, agents and subcontractors. 2697 22.07 Cancellation. Each insurance policy required by this clause shall be occurrence- 2698 based or an alternate form as approved by CITY and endorsed to state that coverage shall not
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2699 be suspended, voided, cancelled by either party, reduced in coverage or limits except after thirty 2700 (30) days’ prior written notice by certified mail, return receipt requested, has been given to CITY. 2701 Any failure to comply with reporting provisions of the policies shall not affect 2702 CONTRACTOR’S obligations to CITY, its officers, officials, employees, agents or volunteers. 2703 22.08 Claims Made Coverage. If General Liability or Hazardous Waste and 2704 Environmental Impairment Liability coverage is written on a claims-made form: 2705 1. The “Retro Date” must be shown, and must be before the date of the contract 2706 or the beginning of contract work. 2707 2. Insurance must be maintained and evidence of insurance must be provided for 2708 at least five (5) years after completion of the contract of work 2709 3. If coverage is canceled or non-renewed, and not replaced with another claims- 2710 made policy form with a “Retro Date” prior to the contract effective date, 2711 CONTRACTOR must purchase “extended reporting” coverage for a minimum 2712 of five (5) years after completion of contract work. 2713 4. A copy of the claims reporting requirements must be submitted to CITY for 2714 review. 2715 22.09 Acceptability of Insurers. Insurance is to be placed with insurers admitted to 2716 transact business in California with a current A.M. Best’s rating of no less than A:VII. If pollution 2717 and/or Environmental Impairment and/or errors and omission coverage are not available from an 2718 admitted insurer, the coverage may be written with CITY’s permission, by a non-admitted 2719 insurance company. A non-admitted company should have an A.M. Best’s rating of A:X or higher 2720 22.10 Verification of Coverage. CONTRACTOR shall furnish CITY with original 2721 certificates and amendatory endorsements effecting coverage required by this clause. All 2722 certificates and endorsements are to be received and approved by CITY before work commences. 2723 However, failure to obtain the required documents prior to the work beginning shall not waive 2724 CONTRACTOR’s obligation to provide them. CITY reserves the right to require complete, certified 2725 copies of all required insurance policies, including endorsements required by these specifications, 2726 at any time. 2727 22.11 Subcontractors. CONTRACTOR shall include all subcontractors as insureds 2728 under its policies or require and verify that all subcontractors maintain insurance meeting all the 2729 requirements of this contract. 2730 22.11.1 Proof of insurance shall be mailed to the following address or any 2731 subsequent address as may be directed in writing by CITY. 2732 John Doughty, Public Works Director (or His Designee) 2733 Half Moon Bay City Hall 2734 501 Main Street 2735 Half Moon Bay, CA 94019 2736 2737 22.12 Modification of Insurance Requirements. The insurance requirements provided in 2738 this Agreement may be modified or waived by CITY, in writing, upon the request of 2739 CONTRACTOR, if CITY determines such modification or waiver is in the best interest of CITY 2740 considering all relevant factors, including exposure to CITY.
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2741 ARTICLE 23. Indemnification 2742 23.01 Indemnification of CITY. CONTRACTOR shall defend, with counsel reasonably 2743 acceptable to CITY, indemnify and hold harmless, to the fullest extent allowed by law, CITY, its 2744 officers, officials, employees, volunteers, agents and assignees (collectively, “Indemnitees”), from 2745 and against any and all loss, liability, penalties, forfeitures, claims, demands, actions, proceedings 2746 or suits, in law or in equity, of every kind and description, (including, but not limited to, injury to 2747 and death of any person and damage to property, or for contribution or indemnity claimed by third 2748 parties) (collectively, “Loss”) arising or resulting from: (i) the operation of CONTRACTOR, its 2749 agents, employees, and/or subcontractors, in exercising the privileges granted to it by this 2750 Agreement; (ii) the failure of CONTRACTOR, its agents, employees, and/or subcontractors to 2751 comply in all respects with the provisions and requirements of this Agreement, applicable laws, 2752 ordinances and regulations, and/or applicable permits and licenses; and (iii) the acts of 2753 CONTRACTOR, its agents, employees, and/or subcontractors in performing services under this 2754 Agreement for which strict liability is imposed by law. The foregoing indemnity shall apply 2755 regardless of whether such Loss is also caused in part by any of the Indemnitees’ negligence. 2756 23.02 The Losses indemnifiable under the foregoing indemnity may include, but are not 2757 limited to, Losses arising out of or resulting from the following: 2758 23.02.1 Personal injury (including, but not limited to, bodily injury, emotional 2759 injury or distress, sickness, or disease) or death to persons, including, but not limited to, any 2760 employees or agents of CONTRACTOR, CITY, or any subcontractor, or damage to property of 2761 anyone, caused or alleged to be caused in whole or in part by any negligent act or omission of 2762 CONTRACTOR, or anyone directly or indirectly employed by CONTRACTOR, or anyone for 2763 whose acts CONTRACTOR may be liable; 2764 23.02.2 Penalties threatened, sought, or imposed on or against CITY by 2765 reason of the violation by CONTRACTOR of any law, order, citation, rule, regulation, standard, 2766 ordinance, or statute; 2767 23.02.3 Alleged infringement of any intellectual property rights which may 2768 be brought arising out of CONTRACTOR's work; 2769 23.02.4 Claims and liens for labor performed or materials used or furnished 2770 to be used on the job by CONTRACTOR, including all incidental or consequential damages from 2771 such claims or liens; 2772 23.02.5 CONTRACTOR's failure to fulfill any of the covenants set forth in 2773 the Agreement; 2774 23.02.6 Failure of CONTRACTOR to comply with the provisions of the 2775 Agreement relating to insurance; and, 2776 23.02.7 Any violation or infraction by CONTRACTOR of any law, order, 2777 citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, 2778 health, or safety of employees. 2779 The indemnities set forth in this Section shall not be limited by the insurance requirements set 2780 forth in the Agreement. CONTRACTOR's indemnification of Indemnitees will not include 2781 indemnification for Losses which arise as the result of the active negligence of Indemnitees, or 2782 the sole negligence or willful misconduct of Indemnitees. 2783 23.03 CONTRACTOR’s obligation to defend, hold harmless, and indemnify shall not be 2784 excused because of CONTRACTOR’s inability to evaluate liability or because CONTRACTOR
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2785 evaluates liability and determines that CONTRACTOR is not liable to the claimant. 2786 CONTRACTOR must respond within thirty (30) days to the tender of a claim for defense and 2787 indemnity by CITY, unless this time has been extended by CITY. If CONTRACTOR fails to accept 2788 or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy 2789 authorized by law, CITY may retain so much of the money due CONTRACTOR by virtue of this 2790 Agreement as shall reasonably be considered necessary by CITY, to cover all anticipated costs 2791 of the claim until final disposition has been made on the claim or suit for damages, or until 2792 CONTRACTOR accepts or rejects the tender of defense, whichever occurs first. With respect to 2793 third party claims against CONTRACTOR indemnifiable under Section 23.01, CONTRACTOR 2794 waives any and all rights of any type to express or implied indemnity against the Indemnitees. 2795 23.04 Hazardous Substances Indemnification. The CONTRACTOR shall indemnify, 2796 defend with counsel reasonably acceptable to the CITY, and hold harmless the Indemnitees from 2797 and against all claims, damages (including but not limited to special, consequential, natural 2798 resources and punitive damages), injuries, hazardous materials response, remediation and 2799 removal costs, losses, demands, liens, liabilities, causes of action, suits, legal or administrative 2800 proceedings, interest, fines, charges, penalties, attorney’s fees for the adverse party and 2801 expenses (including but not limited to attorney’s and expert witness fees and costs incurred in 2802 connection with defending against any of the foregoing or enforcing this indemnity) of any kind 2803 whatsoever paid, incurred or suffered by, or asserted against CITY or its officers, officials, 2804 employees, agents, assigns, or successors (collectively, “Claims”) arising from or attributable to 2805 any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, 2806 response, closure or other plan (regardless of whether undertaken due to governmental action) 2807 concerning any Hazardous Waste released, threatened to be released, or spilled by 2808 CONTRACTOR under this Agreement, or disposed of by CONTRACTOR under this Agreement 2809 at any facility owned by CONTRACTOR or any of its affiliates. The foregoing indemnity is 2810 intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 2811 9607(c) and California Health and Safety Code Section 25364, to defend, hold harmless and 2812 indemnify the CITY from liability. 2813 23.05 CalRecycle Diversion Goals. Notwithstanding any Liquidated Damages as may be 2814 assessed by CITY under Article 19 for CONTRACTOR’S failure to meet its Diversion 2815 Requirements as specified in Article 5, CONTRACTOR agrees to indemnify, hold harmless, and 2816 defend CITY, with counsel selected by CONTRACTOR and reasonably acceptable to CITY, from 2817 and against all fines or penalties imposed by the California Department of Resources Recycling 2818 and Recovery (“CalRecycle”) due to CITY’s failure to meet the mandated diversion goals specified 2819 in California Public Resources Code Section 41780 (and as may be as amended from time to 2820 time) with respect to the materials Collected by CONTRACTOR, if and to the extent the failure to 2821 meet such goals results from the failure of CONTRACTOR to perform its obligations under this 2822 Agreement. 2823 23.06 Proposition 218 Indemnification. CONTRACTOR shall defend, with counsel 2824 reasonably acceptable to the CITY, indemnify and hold harmless CITY from and against all 2825 claims, actual damages (including, but not limited to, special and consequential damages), natural 2826 resources damages, punitive damages, injuries, costs, response, remediation and removal costs, 2827 losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative 2828 proceedings, interest, fines, charges, penalties and expenses (including, but not limited to, 2829 reasonable attorney’s fees and expert witness fees and costs) (collectively, “Damages”) arising 2830 out of or resulting from third-party claims alleging that CITY’s rate-setting process violated 2831 Proposition 218, but only if and to the extent such claims (i) allege that CONTRACTOR’S direct 2832 operational cost of providing Collection Services under this Agreement (as distinct from any fees,
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2833 costs or similar expenses payable to CITY or third parties hereunder) constituted a violation of 2834 Proposition 218, and (ii) result from CONTRACTOR’s provision of materially incorrect information 2835 to CITY, and consistent with California Public Resources Code Section 40059.2. 2836 23.06.1 CITY shall fully cooperate with CONTRACTOR at no cost or 2837 expenses to CONTRACTOR in defending such alleged violations. 2838 23.06.2 CITY shall indemnify and hold CONTRACTOR harmless from and 2839 against any and all Damages to the extent those Damages arise out of or result from a 2840 determination or third-party-claim that the violation of Proposition 218 resulted from fees, costs or 2841 similar expenses that are payable to CITY or third parties hereunder (as distinct from the direct 2842 operational cost of providing Collection Services) and are included in rates or any rate increase 2843 hereunder. 2844 23.07 Consideration. It is specifically understood and agreed that the consideration 2845 inuring to CONTRACTOR for the execution of this Agreement consists of the promises, payments, 2846 covenants, rights and responsibilities contained in this Agreement. 2847 23.08 Obligation. The execution of this Agreement by CONTRACTOR shall obligate 2848 CONTRACTOR to comply with the foregoing indemnification provisions; however, the collateral 2849 obligation of providing insurance must also be fully complied with as set forth in Article 22 above. 2850 23.09 Damage by CONTRACTOR. If CONTRACTOR’S employees or subcontractors 2851 cause any damage or loss to CITY property, including but not limited to CITY streets or curbs, 2852 other than as a result of ordinary wear and tear, then CONTRACTOR shall repair such property 2853 to the reasonable satisfaction of CITY, at CONTRACTOR’s sole cost and expense. If 2854 CONTRACTOR fails to do so within a reasonable period after CITY notifies CONTRACTOR of 2855 the damage or loss, then CITY may affect the repair, and CONTRACTOR shall reimburse CITY 2856 for CITY’S reasonable cost of repairing such damage or loss. Such reimbursement is not in 2857 derogation of any right of CITY to be indemnified by CONTRACTOR for any such damage or loss.
2858 ARTICLE 24. Default of Agreement 2859 24.01 Termination. CITY may terminate this Agreement by giving CONTRACTOR thirty 2860 (30) calendar days advance written notice, to be served as provided in Article 41, upon the 2861 happening of any one of the following events. The termination right in this Section is in addition 2862 to the termination rights provided for elsewhere in this Article 24. 2863 24.01.1 CONTRACTOR takes the benefit of any present or future 2864 insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary 2865 petition in bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization 2866 or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law 2867 or statute of the United States or any state thereof, or consents to the appointment of a receiver, 2868 trustee or liquidator of all or substantially all of its property; or 2869 24.01.2 By order or decree of a Court, CONTRACTOR is adjudged bankrupt 2870 or an order has been made approving a petition filed by any of its creditors or by any of the 2871 stockholders of CONTRACTOR, seeking its reorganization or the readjustment of its 2872 indebtedness under the Federal bankruptcy laws or under any law or statute of the United States 2873 or of any state thereof, and such judgment or order is not stayed or vacated within sixty (60) 2874 calendar days after the entry thereof; or 2875 24.01.3 By, or pursuant to, or under the authority of any legislative act, 2876 resolution or rule or any order or decree of any Court or governmental board, agency or officer
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2877 having jurisdiction, a receiver, trustee or liquidator takes possession or control of all or 2878 substantially all of the property of CONTRACTOR, and such possession or control continues in 2879 effect for a period of sixty (60) calendar days; or 2880 24.01.4 CONTRACTOR defaults, by failing or refusing to pay in a timely 2881 manner the liquidated damages or other monies due CITY and said default is not cured within 2882 thirty (30) calendar days of receipt of written notice by CITY to do so; or 2883 24.01.5 CONTRACTOR defaults, by failing or refusing to perform or 2884 observe its obligations under this Agreement, and said default is not cured within thirty (30) 2885 calendar days of receipt of written notice by CITY to do so. If by reason of the nature of such 2886 default, the same cannot be remedied within thirty (30) calendar days following receipt by 2887 CONTRACTOR of written demand from CITY to do so, then the cure period shall be extended for 2888 such additional period as is reasonably required to cure the default, provided that CONTRACTOR 2889 commences the remedy of such default within said thirty (30) calendar days following such written 2890 notice, and having so commenced thereafter continues with diligence the curing thereof. In any 2891 dispute concerning failure to commence remedying a default or diligence in pursuing a cure, 2892 CONTRACTOR shall have the burden of proof to demonstrate (a) that the default cannot be cured 2893 within thirty (30) calendar days, and (b) that it is proceeding with diligence to cure said default, 2894 and such default will be cured within a reasonable period of time. 2895 24.02 Temporary Possession of CONTRACTOR’s Equipment. Notwithstanding anything 2896 contained herein to the contrary, if CONTRACTOR fails to provide Collection Services for a period 2897 of three (3) consecutive Work Days, on the fourth (4th) Work Day CITY may take possession of 2898 CONTRACTOR'S equipment, customer account and service records, and other property used in 2899 providing Collection Services under this Agreement in order to provide interim Collection Services 2900 until such time as CONTRACTOR is again able to perform Collection Services pursuant to this 2901 Agreement; provided, however, if CONTRACTOR is unable for any reason or cause to resume 2902 performance of Collection Service at the end of thirty (30) consecutive calendar days of 2903 nonperformance of Collection Services, then this Agreement may be terminated by CITY upon 2904 written notice to CONTRACTOR, and CITY may retain possession of such equipment, records 2905 and other property used in providing Collection Services on an interim basis until CITY has made 2906 other suitable arrangements for the provision of Collection Services, which may include award of 2907 an agreement to another contractor. Notwithstanding any other provision in this Agreement to 2908 the contrary, CITY’s right to take interim possession of, or make use of, any of CONTRACTOR’s 2909 equipment, including, without limitation, vehicles, Carts, Bins and containers, shall not allow CITY 2910 to assign ownership of such vehicles, Carts, Bins and containers to another contractor, and CITY 2911 acknowledges that CONTRACTOR’S lender has a security interest in such equipment. In 2912 addition, notwithstanding any other provision of this Agreement to the contrary, CITY’s right to 2913 take possession of such equipment, records and other property shall be limited to one hundred 2914 eighty (180) days after the effective date of termination of this Agreement. After such time, such 2915 assets shall be returned to CONTRACTOR or, if the parties mutually agree, CITY shall pay a 2916 reasonable monthly rent to CONTRACTOR for CITY’s use of the equipment. 2917 24.03 Diversion Not Default. Notwithstanding the foregoing or any other provision of this 2918 Agreement to the contrary, CONTRACTOR’s failure to meet the diversion requirements set forth 2919 in Article 5 shall not be a default entitling CITY to terminate this Agreement (it being understood 2920 that CITY shall have the remedies set forth in Article 2 (term extension) and Article 19 (liquidated 2921 damages) with respect to any such failure).
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2922 24.03.1 In the event that the Agreement is terminated, CONTRACTOR shall 2923 furnish CITY with immediate access to all of its business records related to its customer and billing 2924 accounts for collection services. 2925 24.04 Violations. Notwithstanding the foregoing and as supplemental and additional 2926 means of termination of this Agreement under this Article, in the event that CONTRACTOR'S 2927 record of performance shows that CONTRACTOR has frequently, regularly or repetitively 2928 defaulted in providing Collection Services, and after written default notices from CITY has not 2929 timely cured such defaults within the applicable cure periods set forth in Section 24.01.5, CITY in 2930 its sole discretion may determine that CONTRACTOR is a "habitual violator", in which case 2931 CONTRACTOR shall be deemed to have waived the right to any further notice or grace period to 2932 correct any subsequent default. CITY shall thereupon issue CONTRACTOR a final warning citing 2933 the circumstances for such determination, and any single default by CONTRACTOR of whatever 2934 nature, subsequent to CONTRACTOR’s receipt of such warning, shall be grounds for immediate 2935 termination of the Agreement. In the event of any such subsequent default, CITY may terminate 2936 this Agreement upon giving of final written notice to CONTRACTOR, such termination to be 2937 effective upon the date specified in CITY'S written notice to CONTRACTOR, and all contractual 2938 fees due hereunder plus any and all charges and interest shall be payable to said date, and 2939 CONTRACTOR shall have no further rights hereunder. Immediately upon the specified date in 2940 such final notice CONTRACTOR shall proceed to cease any further performance under this 2941 Agreement. 2942 24.05 Effective Date. In the event of the aforesaid events specified above, and except 2943 as otherwise provided in said subsections, termination shall be effective upon the date specified 2944 in CITY'S written notice to CONTRACTOR and upon said date this Agreement shall be deemed 2945 immediately terminated, and CITY shall have the right to call the performance bond and shall be 2946 free to negotiate with other contractors for the operation of the herein specified services. 2947 24.06 Immediate Termination. CITY may terminate this Agreement immediately upon 2948 written notice to CONTRACTOR in the event CONTRACTOR fails to provide and maintain the 2949 performance bond as required by this Agreement, or if CONTRACTOR fails to obtain or maintain 2950 insurance policies endorsements as required by this Agreement, or if CONTRACTOR offers or 2951 gives any gift to any elected official, appointed officer or employee of CITY, or any relative or 2952 spouse of such elected official, appointed officer or employee. For purposes of this Section, “gift” 2953 shall be defined as set forth in California Government Code Section 82028 and the regulations of 2954 the Fair Political Practices Commission at 2 C.C.R Sec 18940 et seq. as may be amended from 2955 time to time. 2956 24.07 Termination Cumulative. CITY’S right to terminate this Agreement is cumulative 2957 to any other rights and remedies provided by law or by this Agreement. 2958 24.08 Force Majeure. Notwithstanding any other provision of this Agreement to the 2959 contrary, a party shall be excused from performing its obligations hereunder in the event it is 2960 prevented from so performing by reason of any acts of God, such as landslides, lightning, fires, 2961 storms, floods, pestilence, freezing, and earthquakes; explosions, power outages, sabotage, civil 2962 disturbances, acts of a public enemy, wars, blockades, riots, or other industrial disturbances, 2963 eminent domain, condemnation or other taking, or other events of a similar nature, not caused or 2964 maintained by such party, which event is not reasonably within the control of the party claiming 2965 the excuse from its obligations due to such event, to the extent such event has a significant and 2966 material adverse effect on the ability of the party to perform its obligations thereunder. Force 2967 Majeure shall not include fuel shortages, strikes, work stoppage or slowdown, sickout, lockout, 2968 picketing or other concerted job action conducted by CONTRACTOR’S employees or directed at
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2969 CONTRACTOR or any of its subcontractors. Force Majeure shall include a Change in Law(s) to 2970 the extent such Change in Law(s) prohibits a party's performance hereunder. Notwithstanding the 2971 foregoing, (i) no failure of performance by any subcontractor of CONTRACTOR shall be a Force 2972 Majeure unless such failure was itself caused by a Force Majeure; (ii) except as provided herein, 2973 no event which merely increases CONTRACTOR'S cost of performance shall be a Force Majeure; 2974 and (iii) no event, the effects of which could have been prevented by reasonable precautions, 2975 including compliance with agreements and applicable laws, shall be a Force Majeure. 2976 24.09 Specified Default. If CONTRACTOR commits a Specified Default (as defined 2977 below), then CONTRACTOR shall not be eligible for an extension of the term of this Agreement 2978 pursuant to Section 2.02. For purposes of this Section 24.09, a “Specified Default” means (i) any 2979 of the defaults specified in items (a) through (g) below, which is not cured within thirty (30) 2980 calendar days of CONTRACTOR’s receipt of a written demand by CITY to do so, which demand 2981 specifies that the default, if uncured, will result in a Specified Default under this Section 24.09, or 2982 (ii) any of the defaults specified in items (h) through (j) below are deemed non-curable and will 2983 result in CONTRACTOR not being eligible for an extension of the term of the Agreement pursuant 2984 to Section 2.02. 2985 (a) Failure to submit a quarterly report or an annual report by the date specified in 2986 Section 16.02. 2987 (b) Failure to pay the Franchise Fee, or other CITY fees required to be paid under 2988 Section 4.03, by the date specified in Section 4.03. 2989 (c) Failure to pay CITY (or CITY’s consultant, if so requested by CITY) for the cost of a 2990 performance review required to be paid by CONTRACTOR under Section 20.01.1 (and subject 2991 to the maximum in such section) within thirty (30) days of receipt of an invoice therefor from CITY 2992 or CITY’s consultant, containing reasonable detail about charges incurred and time spent on the 2993 review. 2994 (d) Failure to replace carts, bins and trucks in accordance with the replacement schedule 2995 set forth in Exhibit 11, other than a failure resulting from failure by a manufacturer or supplier to 2996 deliver equipment on the schedule agreed with CONTRACTOR. 2997 (e) Failure to repair damage caused by CONTRACTOR to customer property or CITY 2998 streets, other than as a result of ordinary wear and tear, within ninety (90) days of written notice 2999 to CONTRACTOR by CITY. 3000 (f) More than one (1) documented incident in any calendar year of CONTRACTOR 3001 failing to comply with applicable federal, state or local clean-air standards in the performance of 3002 this Agreement. 3003 (g) Failure to provide a Recycling Specialist position (if requested by the CITY) having 3004 the duties set forth in Section 14.02. 3005 (h) Receipt at City Hall of more than ten (10) complaints from different customers in any 3006 calendar quarter regarding CONTRACTOR’s performance hereunder, provided that the 3007 complaints represent actual “performance lapses” (i.e. breaches of this Agreement) by 3008 CONTRACTOR, and CONTRACTOR fails to remedy the performance lapse within thirty (30) days 3009 after receiving the complaint. 3010 (i) Final assessment under Article 19 of more than ten thousand dollars ($10,000) in 3011 liquidated damages against CONTRACTOR resulting from incidents of performance lapses 3012 occurring in any calendar year, other than liquidated damages for failure to meet diversion 3013 requirements.
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3014 (j) More than twenty-four (24) documented incidents in any calendar year of 3015 CONTRACTOR operating a collection vehicle on CITY streets that exceeds by more than one 3016 thousand (1,000) pounds the maximum weight allowed under the California Vehicle Code for such 3017 vehicle, unless CONTRACTOR is permitted to do so by CITY.
3018 ARTICLE 25. Modifications to the Agreement 3019 25.01 Agreement Modifications and Changes in Law(s). CITY and CONTRACTOR 3020 understand and agree that the California Legislature has the authority to make comprehensive 3021 changes in Garbage, Recyclables, or Organic Waste Management legislation and that these and 3022 other Changes in Law in the future which mandate certain actions or programs for counties or 3023 municipalities may require changes or modifications in some of the terms, conditions or 3024 obligations under this Agreement. CONTRACTOR agrees that the terms and provisions of the 3025 Municipal Code, as it now exists or as it may be amended in the future, shall apply to all of the 3026 provisions of this Agreement and the Service Recipients of CONTRACTOR located within the 3027 Service Area. In the event of any future Change in Law(s), including state or federally mandated 3028 modifications to CITY Municipal Code, materially alters the rights or obligations of CONTRACTOR 3029 or the services to be provided by CONTRACTOR in a manner that results in CONTRACTOR 3030 incurring increased operating costs or decreased revenues not covered by adjustments to 3031 Maximum Service Rates as provided for in Section 4.02 hereunder, then modifications to the 3032 Maximum Service Rates as otherwise established under this Agreement may be considered, 3033 pursuant to Section 4.02.6. Nothing contained in this Agreement shall require any party to perform 3034 any act or function contrary to law. 3035 25.01.1 Compensation Adjustments. In the event of a Material Change in 3036 Law(s), CONTRACTOR shall provide CITY with a written rate increase request for additional 3037 compensation to CONTRACTOR arising from the Material Change in Law(s). If the proposed 3038 rate increase exceeds three percent (3%) and CITY does not agree with such rate increase, then 3039 either party, in addition to negotiating with the other party, may submit the matter to non-binding 3040 mediation upon the terms and conditions in Section 25.05. 3041 25.02 City-Directed Changes. CITY may direct CONTRACTOR to perform additional 3042 services (including new diversion programs, additional public education activities, etc.), eliminate 3043 programs, or modify the manner in which it performs existing services. However, changes in the 3044 minimum diversion requirement set forth in Article 5 of this Agreement is not among the changes 3045 that may be directed by CITY. Direction of Solid Waste to a processing or Disposal Facility other 3046 than that originally selected by CITY, pilot programs and innovative services which may entail 3047 new collection methods, targeted routing, different kinds of services, different types of collection 3048 vehicles, and/or new requirements for Service Recipients, are included among the kinds of 3049 changes which CITY may direct. CONTRACTOR shall be entitled to an adjustment in its 3050 compensation for providing such additional or modified services but not for the preparation of its 3051 proposal to perform such services. CONTRACTOR shall not be required to begin implementing 3052 a CITY-directed change until the associated Maximum Service Rate adjustment has been agreed 3053 upon and has taken effect. 3054 25.03 Service Proposal. Within thirty (30) calendar days of receipt of a request for a 3055 service change from CITY under Section 25.02, CONTRACTOR shall if requested by CITY submit 3056 a proposal to provide such service. At a minimum, the proposal shall contain a complete 3057 description of the following: 3058 25.03.1 Collection methodology to be employed (equipment, manpower, 3059 etc.).
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3060 25.03.2 Equipment to be utilized (vehicle number, types, capacity, age, 3061 etc.). 3062 25.03.3 Labor requirements (number of employees by classification). 3063 25.03.4 Type of carts or bins to be utilized. 3064 25.03.5 Provision for program publicity, education, and marketing. 3065 25.03.6 Five (5) year projection of the costs of and (if applicable) revenue 3066 from the program's operations in an operating statement format including documentation of the 3067 key assumptions underlying the projections and the support for those assumptions, giving full 3068 effect to the savings or costs to existing services. 3069 25.04 Monitoring and Evaluation. If CITY requests, CONTRACTOR shall meet with 3070 CITY to describe the progress of any new Solid Waste or diversion program(s) and other service 3071 issues arising from the program(s). If applicable, CONTRACTOR shall document the results of 3072 the new program(s) on a monthly basis, including at a minimum the tonnage diverted by material 3073 type, the end use or processor of the diverted materials and the cost per ton for transporting and 3074 processing each type of material and other such information reasonably requested by 3075 CONTRACTOR and/or CITY necessary to evaluate the performance of each program. 3076 25.04.1 At each meeting, CITY and CONTRACTOR shall have the 3077 opportunity to discuss revisions to the program. CITY shall have the right to terminate a program 3078 if CONTRACTOR is not complying with the terms and conditions agreed upon with CITY, and the 3079 termination is effected in accordance with such terms and conditions. Prior to such termination, 3080 CITY shall meet and confer with CONTRACTOR for a period of up to ninety (90) calendar days 3081 to resolve CITY’S concerns. After such termination, CITY may utilize a third party to perform 3082 these services, provided that (i) the services are outside the scope of the services contemplated 3083 by this Agreement (such as street sweeping or curbside collection of household hazardous 3084 waste), and (ii) the services do not conflict with CONTRACTOR’s exclusive rights under Section 3085 3.01. 3086 25.05 Dispute Resolution. All disputes relating to service or compensation changes 3087 relating to a Material Change in Law(s) that meet the conditions specified in Section 25.01.1 shall 3088 be resolved by the following procedures: 3089 25.05.1.1 The party desiring mediation shall first give written notice 3090 thereof to the other party to this Agreement, specifying the dispute to be mediated. 3091 25.05.1.2 The mediation shall be held at Half Moon Bay, California, or 3092 at such other location as may be mutually agreed among the parties. The mediation shall be 3093 conducted according to and by a mediator chosen pursuant to the rules of the American 3094 Arbitration Association. Each side shall bear its own costs in the mediation. The cost of the 3095 mediator shall be shared equally between the parties. 3096 25.05.1.3 At least ten (10) business days before the date of the 3097 mediation, each side shall provide the mediator with a statement of its position and copies of all 3098 supporting documents. Each party shall send to the mediation one or more persons who have 3099 authority to negotiate on behalf of the party. If a subsequent dispute will involve third parties, 3100 such as insurers or subcontractors, they shall also be asked to participate in the mediation.
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3101 ARTICLE 26. Legal Representation 3102 26.01 Acknowledgement. It is acknowledged that each party was, or had the opportunity 3103 to be, represented by counsel in the preparation of and contributed equally to the terms and 3104 conditions of this Agreement and, accordingly, the rule that a contract or Agreement shall be 3105 interpreted strictly against the party preparing the same shall not apply herein due to the joint 3106 contributions of both parties.
3107 ARTICLE 27. Financial Interest 3108 27.01 Representation. CONTRACTOR warrants and represents that (i) to its knowledge, 3109 no elected official, officer, agent or employee of CITY has a financial interest as defined in 3110 California Government Code Section §87103, in this Agreement or the compensation to be paid 3111 under it and, further, that (ii) no CITY employee who acts in CITY as a “purchasing agent” as 3112 defined by local or state law, nor any elected or appointed officer of CITY, nor any spouse or child 3113 of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director 3114 or proprietor of CONTRACTOR and, further, that (iii) no such CITY employee, purchasing agent, 3115 CITY elected or appointed officer, or the spouse or child of any of them, alone or in combination, 3116 has a “material interest” in CONTRACTOR. “Material interest” means direct or indirect ownership 3117 of more than five percent (5%) of the total assets or capital stock of CONTRACTOR.
3118 ARTICLE 28. Contractor's Personnel 3119 28.01 Personnel Requirements. CONTRACTOR shall employ and assign qualified 3120 personnel to perform all services set forth herein. CONTRACTOR shall be responsible for 3121 ensuring that its employees comply with all applicable laws and regulations and meet all federal, 3122 state and local requirements related to their employment and position. 3123 28.01.1 CITY may request the transfer of any employee of CONTRACTOR 3124 who materially violates any provision hereof, or who is wanton, negligent, or discourteous in the 3125 performance of his or her duties. 3126 28.01.2 CONTRACTOR’S field operations personnel shall be required to 3127 wear a clean uniform shirt bearing CONTRACTOR’S name. CONTRACTOR’S employees who 3128 normally come into direct contact with the public, including drivers, shall bear some means of 3129 individual identification such as a name tag or identification card. 3130 28.01.3 Each driver of a collection vehicle shall at all times carry a valid 3131 California driver's license and all other required licenses for the type of vehicle that is being 3132 operated. 3133 28.01.4 Each driver of a collection vehicle shall at all times comply with all 3134 applicable state and federal laws, regulations and requirements. 3135 28.01.5 CONTRACTOR’S employees, officers, and agents shall at no time 3136 be allowed to identify themselves or in any way represent themselves as being employees of 3137 CITY. 3138 28.01.6 CONTRACTOR'S name and the Customer Service telephone 3139 number shall be properly displayed on all collection vehicles.
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3140 ARTICLE 29. Exempt Waste 3141 29.01 CONTRACTOR shall not be required to collect or dispose of Exempt Waste, but 3142 may offer such services at its option. All such collection and disposal of Exempt Waste is not 3143 regulated under this Agreement, but if provided by CONTRACTOR shall be in strict compliance 3144 with all federal, state and local laws and regulations.
3145 ARTICLE 30. Independent Contractor 3146 30.01 In the performance of services pursuant to this Agreement, CONTRACTOR shall 3147 be an independent contractor and not an officer, agent, servant or employee of CITY. 3148 CONTRACTOR shall have exclusive control of the details of the services and work performed 3149 and over all persons performing such services and work. CONTRACTOR shall be solely 3150 responsible for the acts and omissions of its officers, agents, employees, contractors and 3151 subcontractors, if any. Neither CONTRACTOR nor its officers, employees, agents, contractors or 3152 subcontractors shall obtain any right to retirement benefits, Workers Compensation benefits, or 3153 any other compensation or benefits which accrue to CITY employees, and CONTRACTOR 3154 expressly waives any claim it may have or acquire to such compensation or benefits.
3155 ARTICLE 31. Laws to Govern 3156 31.01 The law of the State of California shall govern the rights, obligations, duties and 3157 liabilities of CITY and CONTRACTOR under this Agreement and shall govern the interpretation 3158 of this Agreement.
3159 ARTICLE 32. Consent to Jurisdiction 3160 32.01 The parties agree that any litigation between CITY and CONTRACTOR concerning 3161 or arising out of this Agreement shall be filed and maintained exclusively in the Municipal or 3162 Superior Courts of San Mateo County, State of California, or in the United States District Court 3163 for the Northern District of California to the fullest extent permissible by law. Each party consents 3164 to service of process in any manner authorized by California law.
3165 ARTICLE 33. Assignment 3166 33.01 No assignment of this Agreement or any right occurring under this Agreement shall 3167 be made in whole or in part by CONTRACTOR without the express written consent of CITY. CITY 3168 shall have full discretion to approve or deny, with or without cause, any proposed or actual 3169 assignment by CONTRACTOR. Such approval shall not unreasonably be withheld. Any 3170 assignment of this Agreement made by CONTRACTOR without the express written consent of 3171 CITY shall be null and void and shall be grounds for CITY to declare a default of this Agreement 3172 and immediately terminate this Agreement by giving written notice to CONTRACTOR, and upon 3173 the date of such notice this Agreement shall be deemed immediately terminated, and upon such 3174 termination all liability of CITY under this Agreement to CONTRACTOR shall cease, and CITY 3175 shall have the right to call the performance bond and shall be free to negotiate with other 3176 contractors, CONTRACTOR, or any other person or company for the service which is the subject 3177 of this Agreement. In the event of any assignment, the assignee shall fully assume all the liabilities 3178 of CONTRACTOR. 3179 33.02 CONTRACTOR shall be responsible for directing the work of CONTRACTOR’S 3180 subcontractors and any compensation due or payable to CONTRACTOR’S subcontractor shall
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3181 be the sole responsibility of CONTRACTOR. The City Representative shall have the right to 3182 require the removal of any approved subcontractor for reasonable cause. 3183 33.03 For purposes of this Article when used in reference to CONTRACTOR, 3184 "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of at least 3185 fifty-one percent (51%) of CONTRACTOR'S assets dedicated to service under this Agreement to 3186 a third party; (ii) a sale, exchange or other transfer of outstanding common stock of 3187 CONTRACTOR to a third party provided said sale, exchange or transfer results in a change of 3188 control of CONTRACTOR (with control being defined as ownership of more than fifty percent 3189 (50%) of CONTRACTOR’S voting securities); (iii) any dissolution, reorganization, consolidation, 3190 merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow 3191 arrangement, liquidation, or lease-back payments, or other transaction which results in a change 3192 of control of CONTRACTOR; (iv) any assignment by operation of law, including insolvency or 3193 bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution 3194 being levied against this Agreement, appointment of a receiver taking possession of 3195 CONTRACTOR'S property, or transfer occurring in the event of a probate proceeding; and (v) 3196 any combination of the foregoing (whether or not in related or contemporaneous transactions) 3197 which has the effect of any such transfer or change of control of CONTRACTOR. As used herein, 3198 “third party” excludes affiliates of CONTRACTOR. 3199 33.04 CONTRACTOR acknowledges that this Agreement involves rendering a vital 3200 service to CITY'S residents and businesses, and that CITY has selected CONTRACTOR to 3201 perform the services specified herein based on (i) Contractor's experience, skill and reputation for 3202 conducting its garbage, recyclable materials and organic Waste management operations in a 3203 safe, effective and responsible fashion, at all times in keeping with applicable environmental laws, 3204 regulations and best garbage, recycling and organic waste management practices, and (ii) 3205 CONTRACTOR'S financial resources to maintain the required equipment and to support its 3206 indemnity obligations to CITY under this Agreement. CITY has relied on each of these factors, 3207 among others, in negotiating with CONTRACTOR to perform the services to be rendered by 3208 CONTRACTOR under this Agreement.
3209 ARTICLE 34. Compliance with Laws 3210 34.01 In the performance of this Agreement, CONTRACTOR shall comply with all 3211 applicable laws, regulations, ordinances and codes of the federal, state and local governments, 3212 including without limitation the Municipal Code of the CITY. 3213 34.02 CITY shall provide written notice to CONTRACTOR of any planned amendment of 3214 the CITY Municipal Code that would substantially affect the performance of CONTRACTOR’S 3215 services pursuant to this Agreement. Such notice shall be provided at least thirty (30) calendar 3216 days prior to the City Council’s approval of such an amendment.
3217 ARTICLE 35. Permits and Licenses 3218 35.01 CONTRACTOR shall obtain, at its own expense, all permits and licenses required 3219 by law or ordinance and maintain same in full force and effect throughout the term of this 3220 Agreement. CONTRACTOR shall provide proof of such permits, licenses or approvals and shall 3221 demonstrate compliance with the terms and conditions of such permits, licenses and approvals 3222 upon the request of the City Representative.
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3223 ARTICLE 36. Ownership of Written Materials 3224 36.01 All reports, documents, brochures, public education materials, and other written, 3225 printed, electronic or photographic materials developed by CITY or CONTRACTOR for CITY’s 3226 use or for public dissemination in connection with the services to be performed under this 3227 Agreement, whether developed directly or indirectly by CITY or CONTRACTOR, may be used by 3228 CITY without limitation or restrictions on the use of such materials by CITY. CONTRACTOR shall 3229 not use any such materials specific to CITY in connection with any project not connected with this 3230 Agreement without the prior written consent of the City Representative. This Article 36 does not 3231 apply to ideas or concepts described in such materials and does not apply to the format of such 3232 materials and does not apply to CONTRACTOR’s website.
3233 ARTICLE 37. Waiver 3234 37.01 Waiver by CITY or CONTRACTOR of any breach for violation of any term covenant 3235 or condition of this Agreement shall not be deemed to be a waiver of any other term, covenant or 3236 condition or any subsequent breach or violation of the same or of any other term, covenant or 3237 condition. The subsequent acceptance by CITY of any fee, tax, or any other monies, which may 3238 become due from CONTRACTOR to CITY shall not be deemed to be a waiver by CITY of any 3239 breach for violation of any term, covenant or condition of this Agreement.
3240 ARTICLE 38. Prohibition Against Gifts 3241 38.01 CONTRACTOR shall not offer any gifts to any elected official, appointed officer 3242 or employee of CITY, or any relative or spouse of such elected official, appointed officer or 3243 employee. For purposes of this Section, “gift” shall be defined as set forth in the Regulations of 3244 the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.
3245 ARTICLE 39. Point of Contact 3246 39.01 The day-to-day dealings between CONTRACTOR and CITY shall be between 3247 CONTRACTOR and City Representative. 3248 ARTICLE 40. Conflict of Interest
3249 40.01 CONTRACTOR shall comply with CITY requirements for disclosure of potential 3250 Conflicts of Interest as required by the California Fair Political Practices Commission and such 3251 other applicable State or local laws or regulations, and will file all required disclosure statements 3252 in a timely manner and as required by law or regulation.
3253 ARTICLE 41. Notices 3254 41.01 Except as provided herein, whenever either party desires to give notice to the 3255 other, it must be given by written notice addressed to the party for whom it is intended, at the 3256 place last specified and to the place for giving of notice in compliance with the provisions of this 3257 paragraph. For the present, the parties designate the following as the respective persons and 3258 places for giving of notice:
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3259 As to CITY: 3260 John Doughty, Public Works Director 3261 Half Moon Bay City Hall 3262 501 Main Street 3263 Half Moon Bay, CA 94019 3264 Telephone: (650) 726-8266 3265 E-mail: [email protected]
3266 As to CONTRACTOR: 3267 Michael MahoneyTravis Armstrong, General Manager 3268 Republic Services 3269 1680 Edgeworth Avenue 3270 Daly City, CA 94015 3271 Telephone: (415) 604-9010 3272 E-mail: 3273 [email protected]@republicservices.com
3274 41.02 Notices shall be effective when received at the address as specified above. 3275 Changes in the respective address to which such notice is to be directed may be made by written 3276 notice. Facsimile transmission shall not be deemed acceptable notice. Receipt is deemed to have 3277 taken place within three (3) working days of notice mailed by U.S. Postal Service return receipt 3278 requested, or by email transmission with confirmation of receipt. 3279 41.03 Notice by CITY to CONTRACTOR of a collection or other Service Recipient 3280 problem or complaint may be given to CONTRACTOR orally by telephone at CONTRACTOR’S 3281 local office with confirmation sent as required above by the end of the Work Day.
3282 ARTICLE 42. Transition to Next Contractor 3283 42.01 In the event CONTRACTOR is not granted a franchise to continue to provide 3284 Collection Services following the expiration or early termination of this Agreement, 3285 CONTRACTOR shall cooperate fully with CITY and any subsequent contractors to assure a 3286 smooth transition of services described in this Agreement. Such cooperation shall include but not 3287 be limited to transfer of computer data, files and tapes containing customer account and service 3288 information; providing routing information, route maps, vehicle fleet information, and list of Service 3289 Recipients; providing a complete inventory of all carts and bins; providing adequate labor and 3290 equipment to complete performance of all Collection Services required under this Agreement; 3291 offering to sell carts and bins at no more than fair market value to the subsequent contractor or 3292 CITY; taking all actions necessary to transfer ownership of any sold carts and bins, as appropriate, 3293 to the subsequent contractor or CITY, including transporting such containers to a location 3294 designated by the City Representative; coordinating collection of materials set out in new 3295 containers if new containers are provided for a subsequent Agreement before the expiration or 3296 early termination of this Agreement; and providing other reports and data required by this 3297 Agreement.
3298 ARTICLE 43. Contractor’s Records 3299 43.01 CONTRACTOR shall maintain any and all letters, books of account, invoices, 3300 vouchers, canceled checks, and other records or documents evidencing or relating to charges for 3301 services or expenditures and disbursements charged to Service Recipients for a minimum period
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3302 of five (5) years, or for any longer period required by law, from the date of final payment to 3303 CONTRACTOR pursuant to this Agreement. 3304 43.02 CONTRACTOR shall maintain all documents and records, which demonstrate 3305 performance under this Agreement for a minimum period of five (5) years, or for any longer period 3306 required by law, from the date of termination or completion of this Agreement. 3307 43.03 Any records or documents required to be maintained pursuant to this Agreement 3308 shall be made available for inspection or audit, at any time during regular business hours, upon 3309 written request by the City Representative, the City Attorney, City Auditor, City Manager, or a 3310 designated representative of any of these officers. Copies of such documents shall be provided 3311 to CITY for inspection at CITY offices when it is practical to do so. Otherwise, unless an alternative 3312 site is mutually agreed upon, the records shall be available at CONTRACTOR’S address indicated 3313 for receipt of notices in this Agreement. CITY’s rights to inspect, audit or review confidential or 3314 proprietary information of CONTRACTOR shall be subject to CITY entering into a reasonable 3315 confidentiality agreement with CONTRACTOR. In addition, CITY will take reasonable measures, 3316 subject to the requirements of applicable law, to prevent the dissemination of any such information 3317 to third parties, and will promptly notify CONTRACTOR upon receipt of a request by a third party 3318 under the Public Records Act to review or obtain such information. 3319 43.04 Where CITY has reason to believe that such records or documents may be lost or 3320 discarded due to the dissolution, disbandment or termination of CONTRACTOR’S business, CITY 3321 may, by written request or demand of any of the above named officers, require that custody of 3322 the records be given to CITY and that the records and documents be maintained in City Hall. 3323 Access to such records and documents shall be granted to any party authorized by 3324 CONTRACTOR, CONTRACTOR’S representatives, or CONTRACTOR’S successor-in-interest.
3325 ARTICLE 44. Entire Agreement 3326 44.01 This Agreement and the Exhibits attached hereto constitute the entire Agreement 3327 and understanding between the parties hereto, and it shall not be considered modified, altered, 3328 changed or amended in any respect unless in writing and signed by the parties hereto.
3329 ARTICLE 45. Severability 3330 45.01 If any provision of this Agreement or the application of it to any person or situation 3331 shall to any extent be held invalid or unenforceable, the remainder of this Agreement and the 3332 application of such provisions to persons or situations other than those as to which it shall have 3333 been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, 3334 and shall be enforced to the fullest extent permitted by law.
3335 ARTICLE 46. Right to Require Performance 3336 46.01 The failure of either party at any time to require performance by the other party of 3337 any provision hereof shall in no way affect the right of such party thereafter to enforce same. Nor 3338 shall waiver by either party of any breach of any provision hereof be taken or held to be a waiver 3339 of any succeeding breach of such provision or as a waiver of any provision itself.
3340 ARTICLE 47. All Prior Agreements Superseded 3341 47.01 This document supersedes all prior negotiations, correspondence, conversations, 3342 agreements, contracts and understandings, whether oral or written, applicable to the matters
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3343 contained in this Agreement. Accordingly, it is agreed that no deviation from the terms of this 3344 Agreement shall be predicated upon any prior representations, agreements, understandings or 3345 contracts, whether oral or written.
3346 ARTICLE 48. Headings 3347 48.01 Headings in this document are for convenience of reference only and are not to be 3348 considered in any interpretation of this Agreement.
3349 ARTICLE 49. Exhibits 3350 49.01 Each Exhibit referred to in this Agreement forms an essential part of this 3351 Agreement. Each such Exhibit is a part of this Agreement and each is incorporated by this 3352 reference.
3353 ARTICLE 50. Representations and Warranties
3354 CONTRACTOR, by acceptance of this Agreement, represents and warrants the conditions 3355 presented in this Article, as of the date of CONTRACTOR’s signature hereon.
3356 50.01 Corporate Status. CONTRACTOR is a corporation duly organized, validly 3357 existing and in good standing under the laws of the State of California (“State”). CONTRACTOR 3358 is qualified to transact business in the State and has the power to own its properties and to carry 3359 on its business as now owned and operated and as required by this Agreement.
3360 50.02 Corporate Authorization. CONTRACTOR has the authority to enter this 3361 Agreement and perform its obligations under this Agreement. The Board of Directors of 3362 CONTRACTOR (or the shareholders, if necessary) has taken all actions required by law, its 3363 articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. 3364 The Person signing this Agreement on behalf of CONTRACTOR represents and warrants that 3365 they have the authority to do so. This Agreement constitutes the legal, valid, and binding obligation 3366 of CONTRACTOR.
3367 50.03 Agreement Will Not Cause Breach. To the best of CONTRACTOR’S knowledge 3368 after responsible investigation, the execution or delivery of this Agreement or the performance by 3369 CONTRACTOR of its obligations hereunder does not conflict with, violate, or result in a breach: 3370 (i) of any law or governmental regulation applicable to CONTRACTOR; or (ii) any term or condition 3371 of any judgment, order, or decree of any court, administrative agency or other governmental 3372 authority, or any Agreement or instrument to which CONTRACTOR is a party or by which 3373 CONTRACTOR or any of its properties or assets are bound, or constitutes a default thereunder.
3374 50.04 No Litigation. To the best of CONTRACTOR’S knowledge after responsible 3375 investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by 3376 any court or governmental authority, commission, board, agency or instrumentality, pending or 3377 threatened against CONTRACTOR wherein an unfavorable decision, ruling or finding, in any 3378 single case or in the aggregate would:
3379 50.04.1 Materially adversely affect the performance by CONTRACTOR of 3380 its obligations hereunder;
3381 50.04.2 Adversely affect the validity or enforceability of this Agreement; or
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3382 50.04.3 Have a material adverse effect on the financial conditions of 3383 CONTRACTOR, or any surety or entity guaranteeing CONTRACTOR’S performance under this 3384 Agreement.
3385 50.05 CONTRACTOR’S Statements. CONTRACTOR’S information submitted to CITY, 3386 which CITY has relied on in negotiating and entering this Agreement, does not: (i) contain any 3387 untrue statement of a material fact, or (ii) omit to state a material fact that is necessary in order to 3388 make the statements made, in light of the circumstances in which they were made, not misleading.
3389 50.06 CONTRACTOR’S Investigation. CONTRACTOR has made an independent 3390 investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement 3391 and the work to be performed hereunder. CONTRACTOR has taken such matters into 3392 consideration in entering into this Agreement to provide services in exchange for the 3393 compensation provided for under the terms of this Agreement.
3394 ARTICLE 51. Effective Date 3395 This Amendment No. 1 to the Agreement shall become effective at such time as it is properly 3396 executed by CITY and CONTRACTOR. and CONTRACTOR shall begin Collection Services, as 3397 covered herein, as of ______April 1, 2018. 3398
Page 84 of 85 108 FRANCHISE AGREEMENT
3399 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement on the day 3400 and year first written above. 3401 3402 CITY OF HALF MOON BAY BFI Waste Systems of North America, LLC 3403 3404 3405 ______3406 Robert Nisbet Date Travis Armstrong Date 3407 City Manager General Manager 3408 3409 3410 3411 3412 City of Half Moon Bay Business License Number 3413 3414 3415 3416 The foregoing Agreement has been reviewed and approval is recommended: 3417 3418 Resolution No. 20XX-XX 3419 Approved by City Council 3420 3421 3422 Approved as to Form: 3423 3424 ______3425 Catherine Engberg Date 3426 City Attorney 3427 3428 3429 Attest: 3430 3431 ______3432 Jessica Blair Date 3433 City Clerk
3434
Page 85 of 85 109 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Robert Nisbet, City Manager
FROM: John Doughty, Public Works Director Maziar Bozorginia, City Engineer Jonathan Woo, Assistant Engineer
TITLE: SB1 LOCAL STREETS AND ROAD IMPROVEMENT PROJECT LIST – FY 2021-22 ______
RECOMMENDATION: Adopt a resolution approving the Pavement Management and Traffic Safety Program and the Poplar Complete Streets Project as the dedicated projects for Road Maintenance and Rehabilitation Account (RMRA) Funding.
FISCAL IMPACT: There is no fiscal impact associated with the approval of the program. Approving the project list will retain Half Moon Bay’s eligibility for RMRA funds from the State. It is estimated that the City will receive approximately $246,869 in additional funds. Program funds, once identified, will be brought before the Council for allocation and approval.
STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety, and Fiscal Sustainability Elements of the Strategic Plan.
BACKGROUND: On April 28, 2017, the Governor signed Senate Bill (SB) 1 which is known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system (http://catc.ca.gov/programs/sb1/lsrp/). SB 1 is funded through an increase (per gallon) of fuel excise taxes, increases in diesel fuel sales taxes, and increases to vehicle registration fees. SB 1 includes provision for inflationary adjustments to tax rates in future years.
Beginning November 1, 2017, the State Controller will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road Page 1 of 2
110 maintenance, rehabilitation, and critical safety projects through the Local Streets and Roads (LSR) Program.
On March 21, 2018, The California Transportation Commission (CTC) adopted the updated reporting guidelines for the Road Maintenance and Rehabilitation Account Local Streets and Roads Funding Program, which requires jurisdictions to identify the use of RMRA funds in an adopted resolution. It also requires a project expenditure report at the end of the year detailing the description, location, amount of funds expended, and estimated useful life of improvements constructed with program funding.
DISCUSSION: The City has regularly received allocations from the Local Streets and Roads (LSR) Program. In FY 2021-22, the City’s LSR allocation is estimated to increase to approximately $246,869 with the new RMRA funds. The objective of the Local Streets and Roads Program is to address deferred maintenance on local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects. The adopted Capital Improvement Program (CIP) includes a Pavement Management and Traffic Safety Program that encompasses these improvements and more.
The focus of the Pavement Management and Traffic Safety Program for FY 2021-22 is to rehabilitate streets throughout the City. Staff is currently working on the Main Street Traffic Safety project which includes slurry seal of portions of Main Street, Johnston Street, Mill Street and Correas Street within the project area. For more information on this project, please visit the project webpage: https://www.half-moon-bay.ca.us/759/Main-Street-Traffic-Safety- Project. By the Spring of 2022, staff will complete to the design of the Poplar Complete Streets Project, which will improve accessibility for both pedestrians and bicyclists, and repair street sections of Poplar Street from Railroad Avenue to Main Street, excluding HWY 1. The City will commence the design of Belleville Boulevard, which is beyond a state of repair and requires reconstruction. Discussion with community members on the need to form a Benefit Assessment District will also be conducted, as it will allow the City to fund and incorporate complete street elements including storm water treatment and management to Belleville Boulevard.
Due to the broad and applicable scope of the Pavement Management and Traffic Safety Program and the limited amount of funding that the City expects to receive from the LSR Program, staff is recommending that the City identify the Pavement Management and Traffic Safety Program of the CIP as the project recipient of RMRA Funding. It is important to note that adoption of the proposed project list does not limit the flexibility of the City to fund projects in accordance with local needs and priorities as long as the projects are consistent with RMRA priorities.
ATTACHMENT: 1. Resolution 2. Estimated SB 1 Funding Sheet
Page 2 of 2
111 RESOLUTION NO.______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Half Moon Bay must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $246,869 in RMRA funding in Fiscal Year 2021-22 from SB 1; and
WHEREAS, this is the fourth year in which the City of Half Moon Bay is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Half Moon Bay has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and
WHEREAS, the City of Half Moon Bay used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of Half Moon Bay maintain and rehabilitate several streets & roads, add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
112 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby adopts the following list of newly proposed projects that will be funded in-part or solely with Fiscal Year 2021-22 by SB 1 Maintenance and Rehabilitation Account revenues:
A. Project Title: Pavement Management and Traffic Safety Program Project Description: The project includes pavement rehabilitation as well as traffic safety measures and active transportation components. Project Location: Main Street from Correas St. to Highway 1 North, Correas Street from Main St to Johnston St., Johnston Street from Correas St. to Mill St., Mill Street from Johnston St to Main St., and Belleville Boulevard from Highway 1 to west end. Estimated Project Schedule: Start: July 1, 2022 – Completion: August 31, 2022 Estimated Project Useful Life: 30 Years
B. Project Title: Poplar Complete Streets Project Project Description: The project includes pavement rehabilitation. Implementation of sidewalks for better accessibility for pedestrians. Installing Class 3 bike lanes for bicyclists Project Location: Poplar Street from Railroad Avenue to Main Street, excluding HWY 1. Estimated Project Schedule: Start: July 1, 2021 – Completion: August 31, 2022 Estimated Project Useful Life: 30 Years
*****************************************************************
I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
113 Attachment 2 /RFDO6WUHHWVDQG5RDGV3URMHFWHG5HYHQXHV Estimated January 2021 Hwy Users Tax Road MntncMntnc Hwy Users Tax Road Mntnc TOTAL TOTAL Account Rehab Acct Account Rehabhab Acct SAN LUIS OBISPO COUNTY ARROYO GRANDE ATASCADERO EL PASO DE ROBLES GROVER BEACH MORRO BAY PISMO BEACH SAN LUIS OBISPO County of San Luis Obispo Total Cities & County: San Luis Obispo SAN MATEO COUNTY ATHERTON BELMONT BRISBANE BURLINGAME COLMA DALY CITY EAST PALO ALTO FOSTER CITY HALF MOON BAY HILLSBOROUGH MENLO PARK MILLBRAE PACIFICA PORTOLA VALLEY REDWOOD CITY SAN BRUNO SAN CARLOS SAN MATEO SOUTH SAN FRANCISCO WOODSIDE County of San Mateo Total Cities & County: San Mateo
-DQXDU\U CaliforniaCityFinance.com 114
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: John Doughty, Public Work Director Maziar Bozorginia, City Engineer Todd Seeley, Public Works Superintendent
TITLE: ANNUAL RENEWAL OF PUBLIC WORKS CONTRACTS ______RECOMMENDATION: Adopt resolutions authorizing the City Manager to execute professional service agreements with: 1) 4Leaf, Inc. (4 Leaf) for $186,000 for Public Works Construction Inspection services; 2) Peninsula Municipal Engineering, Inc. (PME) for $142,000 to provide project management of grant funded projects for the Eastside Parallel Trail Expansion project (0619) and the Highway 1 Safety – North project (0538); 3) West Coast Arborists (WCA) for $140,000 to provide tree trimming and tree removal services under Urban Forest Management Capital Program; 4) Community Services Group (CSG) Consultants for $107,500 to support the City’s National Pollutant Discharge Elimination System (NPDES) storm water program and regulatory permit requirements; and 5) American Debris Box for $85,000 to provide portable toilet services Citywide.
FISCAL IMPACT: These contracts have been included in the Draft City Operating Budget for FY 2021-22. The PME contract will be paid directly out of the respective Capital Improvement Project budgets and are reimbursable by grant funding. The WCA contract will fulfill work described in the Urban Forest Management Program (0598) in the Capital Improvement Program (CIP) and will be funded via the transfer of General Funds to the Capital Budget. The Public Works Maintenance Division budget includes funding for the American Debris Box contract. Finally, the CSG contract and the 4Leaf contract is budgeted in the Public Works Engineering Budget, with the sewer funds supplementing funding for the 4Leaf contract.
STRATEGIC ELEMENT: This recommendation supports the Infrastructure and Environment and Fiscal Sustainability Elements of the Strategic Plan.
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BACKGROUND: The Public Works Department was established in FY 2017-18 through reorganization of the former Community Development Department and merger of the Public Works-Facilities Maintenance Division from the City Manager’s Office. Since then, the Department has been tasked with catching up on years of deferred maintenance and capital projects, which has required the addition of staff positions and outside consultant support.
The department manages a handful of contracts that exceed $30,000 that require City Council approval annually per the City’s Purchasing Policy. Contracts that are estimated to exceed $30,000 in FY 2021-22 include Peninsula Municipal Engineering (PME), West Coast Arborist (WCA), American Debris Box, CSG Consultants, 4Leaf, Impec Group, Inc. and Abundant Grace.
The new contract with Impec Group, Inc. (janitorial services) was approved by the City Council on June 1, 2021 and does not require additional action from the City Council. The Abundant Grace contract is being addressed in a separate staff report and resolution. All the other aforementioned contracts are described in detail in the discussion section below.
DISCUSSION: The mission of the Public Works Department is to promote safety, livability, and sustainability through effective management of streets, parks, facilities, and utilities. The department is responsible for the maintenance, replacement, and enhancement of City infrastructure as well as the development and implementation of the City’s Five-Year Capital Improvement Program (CIP). To accomplish these goals, the department relies heavily on outside contractors. Below are additional details of the five contracts staff is recommending the City Council approve.
4Leaf In June 2018, under the City Manager’s purchasing authority, the City entered into an agreement with 4Leaf. This agreement included immediate needed on-call public works/construction inspection services. Subsequently, in July 2018, the City made a request for proposals (RFP) for consultant services for management support of the Capital Improvement Program (CIP). From six proposals, 4Leaf was determined to be the best qualified candidate to support City staff on public works inspections of capital, development, and utility projects.
The current requested budget of $186,000 will be paid mostly out of the Public Works Engineering budget. The scope includes four (4) days of inspections per week, with one day dedicated to sewer operations and maintenance which will be paid out of the sewer enterprise funds.
Peninsula Municipal Engineering, Inc. (PME) The City entered into contract with PME in 2017 to fill a need in the Engineering and Capital Projects division, with an emphasis on managing complex, grant-funded transportation projects
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that required Caltrans permitting. Since coming on board, PME has supported the engineering division on transportation and traffic projects and have been instrumental in obtaining grant funding for projects such as the Eastside Parallel Trail project and Highway 1 North. Currently, PME is serving as project manager for the Main Street Bridge Project (0759), the Highway 1 Safety – North (0538), Highway 1 Safety – South (0523), and the Eastside Parallel Trail Expansion (0619). In response to the COVID-19 pandemic and economic downturn, staff requested PME to submit a proposal that included work solely funded by grants.
The current proposed contract is for $142,000 and includes project management costs for the Eastside Parallel Trail Expansion (0619) and the Highway 1 Safety – North (0538) project. The contract allocates $81,000 to provide project management of the Highway 1 Safety - North (0538) project, which is an estimated $9M project with $3.5M of grant funding and $3.1M of developer funds. The remaining $61,000 covers the project management costs of the Eastside Parallel project, which is an estimated $700,000 project with $665,000 in grant funding. The cost of this contract is reimbursable by grant funding.
In addition to the current proposed amendment, PME has a separate contract with the City to provide project management for the Main Street Bridge project (0759) and the Highway 1 Safety – South project (0523). Both contracts are current with the contract for the Main Street Bridge project being reimbursable by the federal grant for the project. The Highway 1 Safety – South project (0523) still has funding available, which staff will continue to monitor as construction comes to a close. Staff will return to Council at a later date if additional funds are needed to complete this project.
West Coast Arborist One of Public Works’ operational responsibilities includes monitoring and maintaining the trees throughout the City. The City circulated an RFP for tree services in 2017 and WCA was selected as the contractor for these services. WCA was able to provide an in-depth tree inventory database for City staff as part of their initial contract which is still in use, and WCA has provided excellent service and response time to the community. They also update the City tree inventory when trimming or removing trees. Staff is recommending executing an annual contract with West Coast Arborist to provide on-call services include tree trimming, tree removal, and tree assessments. This is considered an essential service and must be provided every year.
The requested budget for the contract is $140,000 and will be paid out of the Urban Forest Management Program (#0598) of the Capital Improvement Program.
CSG Consultants The City of Half Moon Bay is listed as a co-permittee to the Municipal Regional Permit for Stormwater (MRP), issued by the San Francisco Bay Regional Water Quality Control Board on November 19, 2015 (Order No. R2-2015-0049). In addition to many maintenance responsibilities, the Public Works Department also oversees the MRP and implements the requirements of the National Pollutant Discharge Elimination System (NPDES) permit.
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CSG’s scope of work includes assisting and performing the tasks required of the City for compliance with the MRP, which includes attending regional meetings, annual report preparation, supporting the City’s Green Infrastructure (GI) Program, annual business stormwater inspections, among others. They also provide plan check support for new construction and improvements related to stormwater review (C.3). This coming FY 2021-22 also includes additional work with the newly adopted Total Maximum Daily Load (TMDL) program for Venice Beach and the upcoming reissuance of the MRP (referred as MRP 3.0), which will need revisions to current processes, preparation of implementation plans and other related tasks as required by the Regional Water Quality Control Board (RWQCB). The requested budget for the contract is $107,500 and will be paid out of the Public Works Engineering budget.
American Debris Box The City provides a number of portable toilets throughout the City at Poplar Beach, Smith Field, Ocean Colony, Kelly Avenue and the Half Moon Bay Jail. These units are necessary for residents and visitor alike. American Debris Box was chosen to continue providing portable toilet services following an RFP process in 2017.
The current requested budget for the contract is $85,000 and will be paid out of the Public Works Maintenance budget. This reflects the costs of maintaining the City’s current level of service and takes into account the likely increase in service that will be needed to response to increased beach traffic throughout the City. Executing the current proposed contract will keep the current services in place while increasing both the number of units during the busy summer months as well as frequency of cleaning of the portable toilets. If additional funds are needed for this contract, staff will return to the City Council with a request to amend the contract.
Summary It is important to note that the nature of the work in the Public Works Department is dynamic and that unforeseen emergencies – PSPS events, COVID-19, flooding, tree falls, pot holes, etc. - can result in additional costs that have not been accounted for in the current Public Works budget. The department will continue to respond to these emergencies as they come up and may have to return to the City Council in the future to request additional funding.
ATTACHMENTS: 1. Resolution for Peninsula Municipal Engineering 2. Resolution for West Coast Arborists 3. Resolution for American Debris Box 4. Resolution for CSG Consultants 5. Resolution for 4 Leaf, Inc.
Page 4 of 4
118 Resolution No. C-2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PENINSULA MUNICIPAL ENGINEERING, INC. FOR PROJECT MANAGEMENT SERVICES FOR THE EASTSIDE PARALLEL TRAIL EXPANSION AND THE HIGHWAY 1 SAFETY-NORTH PROJECTS IN AN AMOUNT OF $142,000
WHEREAS, the City of Half Moon Bay entered into contract with Peninsula Municipal engineering, INC. (PME), in 2017 to manage complex, grant-funded transportation projects that required Caltrans permitting; and
WHEREAS, PME has supported the engineering division on transportation and traffic projects and have been instrumental in obtaining grant funding to catch up on years of deferred maintenance and capital projects; and
WHEREAS, PME has been instrumental in obtaining grant funding for the Eastside Parallel Trail Expansion (0619) and the Highway 1 Safety – North (0538); and
WHEREAS, PME provided a scope of work, budget, and an hourly rate schedule to provide project management for these projects totaling $142,000; and
WHEREAS, the cost of this contract is reimbursable by grant funding and not City General Funds.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute a Professional Services Agreement with Peninsula Municipal engineering, Inc. for project management services for the Eastside Parallel Trail Expansion (0619) and the Highway 1 Safety – North (0538) projects in an amount of $142,000.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
119 ______Jessica Blair, City Clerk Robert Brownstone, Mayor
120 Resolution No. C-2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS FOR TREE TRIMMING AND TREE REMOVAL SERVICES IN THE AMOUNT OF $140,000
WHEREAS, the City of Half Moon Bay provides tree monitoring and maintenance throughout the city as an essential service that must be performed annually; and
WHEREAS, the City circulated a request for proposals for tree services and West Coast Arborists (WCA) was selected as the contractor for these services; and
WHEREAS, WCA has provided an excellent level of service and response time to requests; and
WHEREAS, adequate funds are available in the City’s proposed FY 2021-22 budget for these services as part of the Urban Forest Management Program (#0598) in the Capital Improvement Program;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute the Professional Services Agreement with West Coast Arborists for tree trimming and tree removal services in the amount of $140,000.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
121 Resolution No. C-2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN DEBRIS BOX TO PROVIDE PORTABLE TOILET SERVICES IN THE AMOUNT OF $85,000
WHEREAS, the City of Half Moon Bay Public Works provides a number of portable toilets in areas throughout the City at Poplar Beach, Smith Field, Ocean Colony, Kelly Avenue and the Half Moon Bay Jail; and
WHEREAS, the City circulated a request for proposals for sanitation services for these portable toilets in 2017 and American Debris Box was selected as the contractor for these services; and
WHEREAS, portable toilets are an essential part of the City’s operations as a tourist destination; and
WHEREAS, adequate funds are available in the City’s proposed FY 2021-22 budget for these services;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute the Professional Services Agreement with American Debris Box for sanitation services for portable toilets in the amount of $85,000.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
122 Resolution No. C-2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS TO MANAGE THE CITY’S MUNICIPAL REGIONAL PERMIT FOR STORMWATER (MRP) IN THE AMOUNT OF $107,500.
WHEREAS, the City of Half Moon (City) is listed as a co-permittee to the Municipal Regional Permit for Stormwater (MRP), issued by the San Francisco Bay Regional Water Quality Control Board on November 19, 2015 (Order No. R2-2015-0049); and
WHEREAS, the City must implement the requirements of the National Pollutant Discharge Elimination System (NPDES) permit; and
WHEREAS, the City has always used consultant support to fulfil these obligations; and
WHEREAS, the City is being required to implement a Total Maximum Daily Load (TMDL) program at Venice Beach in FY 2021-22; and
WHEREAS, the City is also preparing for the upcoming reissuance of the MRP, which will require revisions to current processes, preparation of implementation plans, and other related tasks; and
WHEREAS, City staff is pleased with the service CSG Consultants has provided and wishes to renew their contract;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute the Professional Services Agreement with CSG Consultants to provide support for the City’s stormwater programs in the amount of $107,500.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
123
______Jessica Blair, City Clerk Robert Brownstone, Mayor
124 Resolution No. C-2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO PROVIDE PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES IN THE AMOUNT OF $186,000.
WHEREAS, the City entered into contract with 4Leaf in June 2018 under the City Manager’s purchasing authority to provide immediately needed on-call public works/construction inspection services; and
WHEREAS, the City issued a Request for Proposal for consultant services for management support of the Capital Improvement Program (CIP) in July 2018; and
WHEREAS, 4Leaf was determined to be the best qualified candidate among the six proposers; and
WHEREAS, City staff is pleased with the service 4Leaf has provided and wishes to renew their contract;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute the Professional Services Agreement with 4Leaf, Inc. to provide public works construction inspection services in the amount of $186,000.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
125
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Jill Ekas, Community Development Director
TITLE: ANNUAL RENEWAL OF COMMUNITY DEVELOPMENT CONTRACTS ______RECOMMENDATION: Adopt resolutions authorizing the City Manager to execute professional service agreements through June 30, 2022 with: 1. 4LEAF, Inc. (4Leaf) for building plan check and inspection services in an amount of $231,122; and 2. Metropolitan Planning Group for contract planning services in an amount of $108,750.
FISCAL IMPACT: These contracts have been included in the Recommended Operating Budget for FY 2021-22. The Community Development Department Building and Code Enforcement budget for professional services and Community Development Department Administration budget for contract services will cover the cost of the 4LEAF, Inc. (4Leaf) contract. The Community Development Department budget for professional services will cover the cost of the Metropolitan Planning Group (M-Group) contract. Adequate budget for contract services remains to fund an affordable housing specialist.
STRATEGIC ELEMENT: This recommendation supports the Healthy Communities and Public Safety, Infrastructure and Environment, and Fiscal Sustainability Elements of the Strategic Plan.
BACKGROUND: The City has utilized contract services to support Community Development functions for many years. In alignment with the annual budget approval, agreements for these services are updated annually to ensure alignment with workload and economic conditions. All of the City’s plan check and building inspection services are provided through a contractor. Most planning services are provided directly by City staff; however, supplemental support is needed for both routine and special projects.
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126
DISCUSSION: 4Leaf: In June 2018, under the City Manager’s purchasing authority, the City entered into an agreement with 4Leaf for $30,000. This agreement initiated immediately needed on-call public works/construction inspection services. Subsequently, in July 2018, the City made a request for proposals (RFP) for consultant services for management support of the Capital Improvement Program (CIP). From six proposals, 4Leaf was determined to be the best qualified candidate to support City staff on public works inspections of capital, development, and utility projects. Subsequently, in 2019, the City Council approved contract services from 4Leaf for building plan check and inspection services.
The current requested budget of $231,122 will be paid mostly out of the Community Development Building and Code Enforcement budget. The scope includes 3.5 days per week (28 hours per week) for building inspections, budget to cover hours for the mandatory building official position, as well as hours for a senior permit technician to back up staff from time to time. For building inspections, this is an increase from the 2.5 days per week budgeted in the current fiscal year. Permit activity has been increasing and an additional day per week will help maintain service levels. The budget will also cover plan check services. Plan check and inspection services are almost fully reimbursed through building permit fees. A modest budget ($6,400) will support improved utilization of the City’s relatively new permit software. This will be covered by the Community Development Administration budget.
M-Group: On June 18, 2013, the City Council approved a Professional Services Agreement with M-Group to provide planning staff and services for an initial term of three years, expiring June 30, 2016. The agreement was extended for two years and expired on June 30, 2018. M-Group’s level of support has been significantly reduced since the initial agreement, especially in the last two years, since the planning function was shifted back to in-house City staff. Thus, the intent of the original agreement and its amendment were no longer specifically relevant to the current needs and the agreement was not extended. For the past three fiscal years, City Council approved new Professional Services Agreements with M-Group for a one-year term to continue supporting the Community Development Department with part-time staff and support on special projects.
Planning workload remains heavy and M-Group is well suited to supplement some staff functions. This will enable staff to better focus on Council priorities, including the Housing Element update and Town Center planning. As proposed, M-Group will continue to provide a part-time planning analyst to support Community Development Department staff primarily with the Planning Commission, Architectural Advisory Committee, and Community Development Director hearings and meetings; as well as other day-to-day duties as time allows. Optional on-call staff support is also included. This provision has been utilized from time to time in the past for special short-term projects such as the preparation of environmental review
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127
documentation for small-scale projects.1 This year, staff has determined that it would especially helpful for M-Group take a lead role in expediting permit review for accessory dwelling units. M-Group will also support staff as we update various forms, maps, and the City’s website in association with recent certification of the Land Use Plan. In addition to these staffing services, the agreement also includes continued graphics and mapping services, which are currently being utilized to support the Housing Element update and to incorporate Land Use Plan maps as new layers into the City’s GIS system. Since 2013, M-Group has provided the City with excellent staff who have been committed to customer service and professionalism. They have institutional knowledge of the City and their continued support helps serve the Department’s needs.
In conclusion, the professional service contracts continue to serve the City well. Both firms, 4Leaf and M-Group, continue to work with the City to adjust service levels, remain highly responsive to requests for support on a wide range of projects, and otherwise maintain excellent coordination with City staff and through interdepartmental collaboration.
ATTACHMENTS: 1. Resolution for Professional Services Agreement with 4LEAF Inc. 2. Resolution for Professional Services Agreement with Metropolitan Planning Group
1 Note that environmental review documentation for private development projects is paid for by project applicants. Thus, General Fund moneys will not be used for any such projects in undertaken within the scope of this agreement. Page 3 of 3
128 Resolution No. C-2020-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT THROUGH JUNE 30, 2022 WITH 4LEAF, INC. FOR BUILDING AND ENGINEERING CONTRACT SERVICES IN AN AMOUNT OF $231,122
WHEREAS, 4LEAF, Inc. (4Leaf) has provided building inspection services and building plan check services for three years during which their contact staff have gained extensive knowledge about the City and provided for all of the City’s building plan check and inspection services; and
WHEREAS, the amended agreement with 4Leaf will expire June 30, 2021; and
WHEREAS, the Community Development Director has determined that in order to maintain past budget reductions while providing improved service levels, that continuation with modifications is appropriate; and
WHEREAS, 4Leaf provided a scope of work, budget, and an hourly rate schedule for a new one-year agreement totaling $231,122 for the needed services; and
WHEREAS, adequate funds are available in the City’s proposed FY 2021-22 budget for these services.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute the Professional Services Agreement with 4LEAF, Inc. for Building and Engineering contract services in the amount of $231,122 through June 30, 2022.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
129 Resolution No. C-2020-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENTS THROUGH JUNE 30, 2022 WITH METROPOLITAN PLANNING GROUP FOR CONTRACT PLANNING SERVICES IN AN AMOUNT OF $108,750
WHEREAS, the Metropolitan Planning Group (M-Group) has provided contract planning services to the City of Half Moon Bay for nine years during which their contract staff have gained extensive knowledge about the City and have assisted in many projects; and
WHEREAS, and the current agreement with M-Group will expire on June 30, 2021, and
WHEREAS, the Community Development had determined that supplemental planning services provided by M-Group are necessary to maintain service levels for public meetings and hearings, GIS mapping, and additional support functions; and
WHEREAS, M-Group provided a scope of work, budget, and an hourly rate schedule for a new one-year agreement totaling $108,750 for the needed services; and
WHEREAS, adequate funds are available in the City’s proposed FY 2021-22 budget for these services.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute the Professional Services Agreement with Metropolitan Planning Group (M-Group) for limited contract planning services to support the Community Development Department at a cost of $108,750 through June 30, 2022.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
130 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: John Doughty, Public Works Director Maziar Bozorginia, City Engineer
TITLE: PROFESSIONAL SERVICES AGREEMENT FOR THE EASTSIDE TRAIL (CIP NO. 595) ______
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Alta Planning + Design Inc. for final design, permitting and environmental services for the Pacific Coast Bikeway Connectivity North Project (East-Side Trail Segment 4) in the amount of $115,197.
FISCAL IMPACT: The total cost of the contract is not to exceed $115,197, with approximately $95,400 coming from SMCTA Measure A grant funds. There is adequate funding (local match) available for the remaining amount within the adopted FY 2020-21 Capital Improvement Budget.
STRATEGIC ELEMENT: This recommendation supports the following Elements of the Strategic Plan: Infrastructure and Environment, Healthy Communities and Public Safety, and Inclusive Governance.
BACKGROUND: The City’s Five-Year Capital Improvements Program includes projects to extend the Naomi Patridge Trail to the north and the south City limits adjacent to Hwy 1. The City has previously completed the construction of the multi-modal Naomi Patridge Trail from Roosevelt Blvd on the north to Wavecrest Road on the south; a total distance of 3 miles.
The Bike and Pedestrian Master Plan calls for the extension of the path (now referred to as the Eastside Parallel Trail) the last .27 miles to the northern City limits. The City’s project includes a Class I multi-use path, 10-ft wide asphalt concrete plus 2 feet of decomposed granite on either side. The proposed trail is located on the east side of Highway 1 extending the existing path from its northern terminus at Roosevelt Boulevard to the northern City limits at Mirada Road (approximately 0.27 miles). This trail is an integral part of the County’s local transportation network that will link several other transportation routes in the area, including the existing Page 1 of 3
131 Naomi Patridge Trail on the west side of Highway 1. The trail includes a direct connection to El Granada Elementary School, providing students with a safer route to walk or ‘’roll’’ to school, specifically those that live on the east side of Highway 1. The trail will also provide access for the Half Moon Bay High School students who live in El Granada as a safe route to bike or walk to school.
The County of San Mateo is currently proposing a Multimodal Trail Project to connect to this path coming from the north. The Project, a two-directional bicycle and pedestrian commuter trail, will enhance safety, meet local mobility needs and connect regional trails, communities, town centers, schools, and recreation destinations on the San Mateo County coast. This project is in the final phase of design and approval process.
On March 1, 2018, the SMCTA’s Board of Directors programmed and allocated $315,000 from the New Measure A Pedestrian and Bicycle Program for the Planning, Preliminary Engineering and Environmental, Plans, Specifications and Estimates (PS&E), Right-of-Way, and Construction of the Project through approval of Resolution 2018-7 for the “Pacific Coast Bicycle Connectivity North” project.
On July 17, 2018, the City adopted a resolution authorizing the Interim City Manager to execute a funding agreement with San Mateo County Transportation Authority (SMCTA) accepting up to $315,000 in Measure A funds for the design, environmental clearance, and construction of Pacific Coast Bikeway Connectivity Project - extension of the Naomi Patridge Trail from Roosevelt Blvd to Mirada Road (CIP Project No. 595).
DISCUSSION: On July 16, 2019, the City Council executed an agreement with Alta Planning + Design Inc. for engineering design and environmental clearance of the project for $117,669. Alta has prepared the environmental CEQA documents including the biological report, the 35% design followed by 65% design plans. After completion of the preliminary design, the project cost estimate increased to a total cost of $700,000 due to its alignment and the need for a longer 40-foot bridge crossing a waterway and additional concrete decks crossings over several drainage ditches. In late 2019, the City filed an application with MTC for the Transportation Development Act (TDA) Article 3 for additional construction funding of $350,000. On April 15, 2020, MTC awarded the City the additional $350,000 for the construction of the project.
Since the project is located within Caltrans right of way, it is subject to Caltrans permitting processes. For projects which cost less than $1M, a project typically needs only a Caltrans Encroachment Permit and a Maintenance Agreement. Larger projects over $1M require a more complex process called “PEER” (Permit Engineering Evaluation Report). However, Caltrans informed the City that per directions from Caltrans Sacramento Headquarters/Bridge Design Group, the project must go through the PEER process due to its complexity involving a prefabricated bridge and several other smaller water crossings (decks). The PEER process includes additional requirements including hydrology evaluations for the waterway crossings
Page 2 of 3
132 and a bridge selection process for the prefabricated bridge. City staff had several meetings with Caltrans management staff who have reaffirmed the need for the PEER process.
City staff also met with SMCTA staff and confirmed that the project can use the existing TA funding allocation for the 90% reimbursement of the design/environmental fees. SMCTA staff also agreed to support additional allocation of funds in the next cycle of Measure A Bicycle/Pedestrian Program funding in summer/fall 2022 for the construction phase of the project.
Prior to this abrupt change in project oversight by Caltrans, Alta had completed a majority of the civil design work with submittals of 35% and 65%, environmental documents and studies. There was approximately $9,000 remaining of the original $117,669 contract amount. During dialogue with Caltrans staff regarding the change and subsequent negotiations with the consultant, Alta’s contract expired. Instead of coming back with an amendment, staff is bringing forward a revised scope with Alta to incorporate the new Caltrans oversight requirements as well as address the few remaining tasks and balance from the original contract.
The proposed new contract with Alta, for a total not to exceed $115,197, will provide the needed funds to prepare the hydrology and bridge type selection reports, PEER documents, 100% plans/specifications and coordinate with Caltrans design and environmental staff to obtain the necessary Caltrans approvals and permits. The increase in cost, which is approximately $106,000, will be covered by the SMCTA Measure A & City funds in a 90%/10% split – or $95,400 and $10,600, respectively. There are existing funds available within the adopted 2020-21 Capital Improvement Budget for the 10% local match.
ATTACHMENT: Resolution
Page 3 of 3
133
RESOLUTION NO. C-2021-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN, INC. FOR FINAL DESIGN, PERMITTING AND ENVIRONMENTAL SERVICES FOR THE PACIFIC COAST BIKEWAY CONNECTIVITY NORTH PROJECT IN THE AMOUNT OF $115,197.
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the San Mateo County Transportation Authority (SMCTA) of the Measure A half-cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, on July 17th 2018, the City Council approved a funding agreement with the SMCTA to receive $315,000 from the New Measure A Pedestrian and Bicycle Program Category for the Planning Preliminary Engineering and Environmental Plans, Specifications and Estimates (PS&E), Right-of-Way and Construction of the Pacific Coast Bikeway Connectivity North Project; and
WHEREAS, on July 16, 2019, the City Council approved a professional services agreement with Alta Planning + Design, Inc. in the amount of $117,669 for design and environmental services for the project; and
WHEREAS, following preparation of the 65% design, Caltrans informed the City that it would be requiring a more complex PEER process due to the need for a prefabricated bridge on the project; and
WHEREAS, a new agreement with Alta Planning + Design Inc. in the amount of $115,197 will provide for the additional design and investigation needed to complete the Caltrans permitting process; and
WHEREAS, SMCTA Measure A grant will reimburse the City for 90% of the cost of this professional services agreement; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute a professional services agreement with Alta Planning + Design Inc. in the amount of $115,197 for the Pacific Coast Bikeway Connectivity North Project (0619). ******************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th of June 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers:
134
ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
135
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Lisa Lopez, Administrative Services Director Kenneth Stiles, Senior Accountant
TITLE: CREATION OF A LOT ACQUISITION AND RETIREMENT FUND ______RECOMMENDATION: Adopt a resolution approving establishment of a Lot Acquisition and Retirement Fund wherein the objective of the fund is to account for in-lieu fees and applicable costs with the purpose of acquiring and retiring development rights on existing legal parcels.
FISCAL IMPACT: The fiscal impact of this item will depend on the amount of legal support and staff time to administer the Lot Acquisition and Retirement Fund. The actual funds, totaling $2,685,000, were provided by a developer as required by the California Coastal Commission in its approval of the Dykstra Ranch planned development (Pacific Ridge) in 2008. City Council will be informed about any future use of the new fund and will have oversight on the cost to administer the fund when properties are acquired and retired.
STRATEGIC ELEMENT: This recommendation supports the Infrastructure and Environment and the Fiscal Sustainability Elements of the Strategic Plan.
BACKGROUND: The development of the Pacific Ridge Subdivision triggered litigation involving the property owner, Ailanto Properties, Inc., the City of Half Moon Bay and the Coastal Commission. The litigation was resolved by a Settlement Agreement which was entered by all parties and approved in 2008. In October 2008, the California Coastal Commission approved Ailanto’s coastal development permit (CDP) application to subdivide and construct 63 housing units as part of the Pacific Ridge Subdivision. The Coastal Commission approval of the CDP required the developer to pay $45,000 per new residential lot created, for a total of $2.835 million (Lot Retirement Funds). The Lot Retirement Funds were established to allow the City to purchase and retire other property in the City to mitigate the cumulative traffic impacts of the Ailanto Project.
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136
The Settlement Agreement and the conditions of approval required Ailanto to obtain a standby Letter of Credit in the amount of the Lot Retirement Funds, which shall only be used by the City for the purpose of acquiring and retiring development rights on existing legal parcels. The Settlement also requires the City to seek to amend its Local Coastal Program (LCP) to include a lot retirement program. Consistent with this requirement, on April 15, 2021, the Coastal Commission certified the 2020 Land Use Plan Update (the policy portion of the City’s certified LCP), which includes a lot retirement program as Policy 2-21 (Lot Retirement).
DISCUSSION: Following the Coastal Commission’s certification of the Land Use Plan Update, the City was in a position to draw and expend the proceeds on the Letter of Credit. On May 21, 2021, the City requested a total draw of $2,685,000 from the bank holding the funds. On June 1, 2021, the bank issued a cashier’s check to the City of Half Moon Bay for $2,684,210 (the full amount of the Lot Retirement Funds required by the Settlement Agreement, less incidental costs). The City is now able to create a new fund to account for the receipt of these funds and subsequent applicable costs which will provide transparency on such use of funds. The objective of the fund is to account for in-lieu fees and applicable costs with the purpose of acquiring and retiring development rights on existing legal parcels.
In conclusion, the new Lot Acquisition and Retirement Fund will be initially funded by requirements imposed on the Pacific Ridge subdivider. The updated Land Use Plan’s lot retirement policy requirements may lead to additional in lieu fees collected in the future for residential subdivisions. The Land Use Plan provides guidance for prioritizing lots to purchase, including those in substantially undeveloped planned developments.
ATTACHMENT: Resolution for Creating a Lot Acquisition and Retirement Fund
Page 2 of 2
137 Resolution No. C-2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY HALF MOON BAY CREATING A LOT ACQUISITION & RETIREMENT FUND
WHEREAS, the development of the Pacific Ridge Subdivision triggered litigation involving the property owner, Ailanto Properties, Inc., the City of Half Moon Bay and the Coastal Commission; and
WHEREAS, the litigation was resolved by a Settlement Agreement which was entered by all parties and approved in 2008; and
WHEREAS, on or about October 15, 2008, the Coastal Commission approved Ailanto’s Coastal Development Permit (“CDP”) application to construct 63 housing units as part of the Pacific Ridge Subdivision; and
WHEREAS, the Coastal Commission approved the CDP subject to Ailanto’s payment of $45,000 per new lot created, for a total of $2.835 million, to allow the City to purchase and retire other property in the City to mitigate the traffic impacts of the Ailanto Project (“Lot Retirement Funds”); and
WHEREAS, the Settlement Agreement and the conditions of approval require Ailanto to obtain a standby Letter of Credit in the amount of the Lot Retirement Funds, which shall only be used by the City for the purpose of acquiring and retiring development rights on existing legal parcels; and
WHEREAS, the Settlement requires the City to seek to amend its Local Coastal Program to include a lot retirement program., and on April 15, 2021, the Coastal Commission certified the 2020 Land Use Plan Update, which includes a lot retirement program as Policy 2-21 (Lot Retirement); and
WHEREAS, following the Commission’s certification of the Land Use Plan Update, the City was in a position to draw and expend the proceeds on the Letter of Credit, and on May 21, 2021, the City requested a total draw of $2,685,000 from the Bank; and
WHEREAS, on June 1, 2021, the Bank issued a cashier’s check to the City of Half Moon Bay for $2,684,210 (the full amount less incidental costs); and
WHEREAS, the City will create a new fund to account for the receipt of these funds and subsequent applicable costs which will provide transparency on such use of funds; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Half Moon Bay hereby approves the creation of a lot acquisition & retirement fund. The objective of the fund is to
138 account for in-lieu fees and applicable costs with the purpose of acquiring and retiring development rights on existing legal parcels.
*********************************************************************** I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on the 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
139
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Jessica Blair, Communications Director / City Clerk Jonathan Roisman, Deputy City Clerk
TITLE: RECEIPT OF LEGISLATIVE POSITION LETTERS ______
RECOMMENDATION: Receive and file position letters for the Carter Park Renovation Project and State Budget Funding for Broadband.
FISCAL IMPACT: There is no fiscal impact associated with this item.
STRATEGIC ELEMENT: This action supports the Inclusive Governance element of the Strategic Plan.
DISCUSSION: Annually, the City adopts a Legislative Platform to allow staff to send position letters regarding various bills of interest to the City. The 2021 Legislative Platform was adopted by the City Council on April 6, 2021. The platform provides staff direction and allows the City, on the Council’s behalf, to respond in support of or opposition to bills and other legislative and administrative actions. The City Council has delegated its authority to the Mayor and / or City Manager to sign position letters consistent with the legislative platform. Townsend Public Affairs monitors legislation for the City and communicates frequently with staff on bills. Occasionally, the League of California Cities will send action alerts for bills affecting municipalities. Staff reviews those alerts as well and will take action on any that align with the City’s Legislative Platform.
In the spirit of transparency, when position letters are sent by the City, staff will include them in a City Council agenda packet for viewing by the Council and the community.
ATTACHMENTS: Carter Park Renovation Project and State Budget Funding for Broadband Letters of Support
Page 1 of 1
140 DocuSign Envelope ID: 74B4E073-A50C-4F31-974A-46D7063EB79F
June 8, 2021
The Honorable Gavin Newsom Governor of California State Capitol, First Floor Sacramento, CA 95814
The Honorable Nancy Skinner The Honorable Phil Ting Chair, Senate Budget Committee Chair, Assembly Budget Committee State Capitol, Room 5019 State Capitol, Room 6026 Sacramento, CA 95814 Sacramento, CA 95814
Re: State Budget Funding for Broadband Letter of Support from the City of Half Moon Bay
Dear Governor Newsom, Chairperson Skinner, and Chairperson Ting:
On behalf of the City of Half Moon Bay, I write to express my strong support for Governor Newsom’s proposal to invest $7 billion as part of a plan to expand broadband infrastructure, increase affordability, and enhance access to broadband for all Californians. As budget negotiations finalize, I respectfully urge the Senate and Assembly to incorporate language which keeps the full $7 billion and allows local jurisdictions to access these funds, into the Legislature’s final budget.
As you all know, the pandemic has underscored the importance of making broadband accessible and affordable for various aspects of modern life. California needs the ability, to work with and empower local partners to deploy this infrastructure at large scale—specifically, we appreciate and support the Governor’s proposal to create a public financing program that backs municipalities, non-profits, cooperatives, and others to access long-term financing which will unlock their potential to build 21st century access. Additionally, I support the construction of an open access “middle mile” fiber network so that all communities have the ability to tap into a quality network.
In order to bridge the digital divide, local governments and their partners must have access to these dollars. Complete funding with the ability for municipalities to access is critical, and I urge the Administration and Legislature to work together and ensure that these funds are part of the final State Budget.
Sincerely,
Robert Brownstone Mayor of Half Moon Bay
CC: The Honorable Toni Atkins, President Pro Tempore, California State Senate The Honorable Anthony Rendon, Speaker, California State Assembly
City of Half Moon Bay City Hall
501 Main St. Half Moon Bay, CA 94019 141
DocuSign Envelope ID: 5B5EA1CE-59B8-4D72-981C-45E94A07901B
May 28, 2021
The Honorable Gavin Newsom Governor of California State Capitol, First Floor Sacramento, CA 95814
The Honorable Nancy Skinner The Honorable Phil Ting Chair, Senate Budget Committee Chair, Assembly Budget Committee State Capitol, Room 5019 State Capitol, Room 6026 Sacramento, CA 95814 Sacramento, CA 95814
Re: Carter Park Renovation Project- State Budget Request Support from the City of Half Moon Bay
Dear Governor Newsom, Senator Skinner, and Assemblymember Ting:
On behalf of the City of Half Moon Bay, I write in support of the request made by Assemblymember Berman to appropriate $4.75 million for the Carter Park Renovation, located in the City of Half Moon Bay.
These funds are intended to construct additional facilities and revitalize existing facilities to increase the recreational opportunities for the health and wellness of Californians. The Planning Commission provided California Environmental Quality Act review, adopted the Mitigated Negative Declaration, and approved the Coastal Development Permit on December 8, 2020. Additionally, $525,000 has already been expended on design and permitting.
When completed, this park would host a variety of performance art including the annual Shakespeare productions, the City’s Summer’s End Music Festival, and other cultural events. Outreach has indicated strong support throughout the community for these amenities downtown, providing a benefit to not just residents, but to passerby’s and visitors throughout the region and beyond.
We respectfully request that the Carter Park Renovation is funded through the State Budget and thank you for your consideration.
Sincerely,
Robert Brownstone Mayor of Half Moon Bay
City of Half Moon Bay City Hall
501 Main St. Half Moon Bay, CA 94019 142
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Matthew Chidester, Deputy City Manager Karen Decker, Senior Management Analyst
TITLE: RESOLUTION ASSESSING THE LEVY FOR THE HALF MOON BAY BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-22 ______
RECOMMENDATION: Conduct a public hearing, consider any oral or written protests, and adopt a resolution assessing the levy for the Half Moon Bay Business Improvement District for Fiscal Year 2021-22.
FISCAL IMPACT: There is no fiscal impact to the City associated with this action. Any revenue generated through the BID levy will be transferred to the Business Improvement District.
STRATEGIC ELEMENT: This action supports the Fiscal Sustainability Element of the Strategic Plan.
DISCUSSION: The attached Half Moon Bay Hotel Business Improvement District (“BID”) report was filed with the City Clerk as required by California Streets and Highways Code Section 36533. The report was prepared by the Chamber of Commerce acting as the Managing Agency for the hotels in the BID.
A Resolution of Intention adopting the annual report and to continue the BID program and levy the annual assessments for Fiscal Year 2021-22 was adopted by the City Council on May 18, 2021. This action recommends keeping the levy rate at $1 per rented room night. The Public Hearing date was set for June 15, 2021. Written and oral protests to the levy of the annual assessment may be made at the Public Hearing in the form and manner prescribed in Sections 36525 and 36526 of the California Streets and Highway Code up until the close of the public hearing.
ATTACHMENTS: 1. Resolution assessing the levy for the Half Moon Bay Business Improvement District for Fiscal Year 2021-22 2. Half Moon Bay Business Improvement District 2020 Annual Report Page 1 of 1
143 Resolution No. 21-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY TO CONTINUE THE BASIS FOR AND LEVY THE ASSESSMENT FOR THE HALF MOON BAY BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-22
WHEREAS, the Parking and Business Improvement Area Law of 1989 Section 36500 et seq. of the California Streets and Highway Code authorizes cities to establish and renew business improvement areas for the purpose of promoting tourism; and
WHEREAS, the City Council approved Resolution C-10-04 on April 6, 2004 to establish the Half Moon Bay Hotel Business Improvement District (BID) and on June 15, 2004 approved an Ordinance establishing the Half Moon Bay Hotel Business Improvement District; and
WHEREAS, in accordance with the requirements of Health and Safety Code Section 36530 and Half Moon Bay Municipal Code Chapter 3.100, the City Council appointed the Half Moon Bay Coastside Chamber of Commerce and Visitors’ Bureau as the managing agency to provide oversight and recommendations regarding the use of the assessment funds; and
WHEREAS, the Half Moon Bay Municipal Code and the Parking and Business Improvement Area Law requires that the managing agency prepare and submit an annual report stating the proposed changes, improvements and activities for the fiscal year; and
WHEREAS, on May 3, 2021, the Chamber submitted the 2020 Annual Report; and
WHEREAS, on May 18, 2021, the City Council adopted a resolution approving the Report and declaring intention to continue the BID program and assessments for Fiscal Year 2021-22 following a public hearing on June 15, 2021, at 7:00 p.m.; and
WHEREAS, the City Clerk gave notice of the public hearing by publishing in a newspaper of general circulation at least seven days before the public hearing and by mailing a copy of said public hearing notice and Resolution No. 2019-41 to all affected businesses as required by California Streets and Highways Code section 36534; and
WHEREAS, at the public hearing, the City Council heard and considered all protests against the Fiscal Year 2021-22 levy of assessments for the BID, and the rules and procedures used in receiving and considering protests complied with those set forth in the California Streets and Highways Code Sections 36524, 36525, 36534 and 36535; and
WHEREAS, the City Council desires to adopt this resolution to continue the program and assessments as levied without change for Fiscal Year 2021-22.
144 NOW, THEREFORE, BE IT RESOLVED THAT by the City Council of the City of Half Moon Bay hereby resolves:
Section 1. The Annual Report is on file with the City Clerk and contains a full and detailed description of activities provided in 2020. No changes to the District boundaries are proposed and there are no changes to the assessment proposed.
Section 2. The assessment levied by the BID shall be used for activities and programs promoting lodging within the district and administer marketing programs that increase overnight lodging.
Section 3. The City hereby levies the assessment for Fiscal Year 2021-22 in the amount of $1 per rented room night on all hotels within the BID.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
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BUSINESS IMPROVEMENT DISTRICT 2020 Annual Report
(Updated May 13, 2021)
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MISSION
The assessment levied by the Business Improvement District shall be used to promote lodging within the district and administer marketing programs that increase overnight lodging.
BOARD OF DIRECTORS
Chair Dana Dahl, Beach House Half Moon Bay Vice Chair David Vipond, Nantucket Whale Inn Treasurer Keith Wesselman, Half Moon Bay Lodge
2020 CONTRIBUTIONS
Each BID Hotel Participant pays $1 per rented room night.
1. Aristocrat ( Formerly Best Western) $9,200 2019 = $11,201 2. Beach House Half Moon Bay $11,470 2019 = $15,635 3. Cameron's Inn $74 2019 = $229 4. Coastside Inn $5,048 2019 = $8,524 5. Cypress Inn on Miramar Beach $4,273 2019 = $5,504 6. Half Moon Bay Inn $1,135 2019 = $2,371 7. Half Moon Bay Lodge $12,038 2019 = $21,541 8. Harbor View Inn $4,017 2019 = $3,821 9. Inn at Mavericks, The $1,340 2019 = $2,072 10. Mill Rose Inn & Garden $541 2019 = $771 11. Miramar Inn & Suites, The $3,323 2019 = $4,699 12. Nantucket Whale Inn $151 2019 = $662 13. Ocean View Inn $261 2019 = $856 14. Oceano Hotel & Spa $12,836 2019 = $21,280 15. Pacific Victorian Inn $35 2019 = $249 16. Quality Inn $5,857 2019 = $13,509 17. Ritz Carlton $33,504 2019 = $69,923 18. San Benito House $222 2019 = $378 19. Seal Cove Inn $1910 2019 = $2,887 20. Zaballa House $571 2019 = $3,449
BID Contributions $107,806 2019 = $189,361 City of Half Moon Bay Contributions $50,00 0 2019 = $20,000 Website Advertising $4,534 2019 = $6,616
Total Income $162,340 2019 = $215,977
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BID PRIORITIES & OUTCOMES
● Create opportunities and buzz around HMB as a “Drive to” destination. ● Proactively pitch and respond to the media. Coordinate and host travel writers. ● Increase traffic to the ‘Visit’ website with new content and paid Google advertising. ● As Corporate Groups begin to rebound, be prepared with a rapid response.
Mid-Week Corporate Sales Corporate meetings and group sales were halted in March 2020 with the onset of the COVID-19 pandemic. It is expected that corporate travel will pick up in 2022 and the BID will be ready to pick up sales as they return.
Public Relations Articles Written About Half Moon Bay 39 +3 from 2019 Travel Writers Hosted 4 -7 from 2019
Website Statistics All Users 425,820 +135,460 from 2019 Average Sessions Per User 1.22 +0.05 from 2019 Total Page Views 828,992 + 236,863 from 2019
OCCUPANCY
Total Available Rooms Per Night 795 Total Available Room Nights for 2020 290,175 ( Does not account for forced closures due to pandemic) Total Occupied Room Nights for 2020 107,806 37% -28% from 2019 Estimated TOT $4 Million Estimated Economic Impact $2.5 Billion (Estimated light in lieu of the pandemic)
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2020 EXPENDITURES Marketing
● Website & Email $10,775 Maintain VisitHalfMoonBay.org & Email News ● Digital Advertising $3,707 Ads thru Digital Media Channels & Blog Articles ● Print Advertising $600 Ads in Visitor Serving Publications ● Media Acquisition $969 Tradeshows & Hosting Expenses for Travel Media ● PR Firm $41,241 National Article & Travel Writers Procurement ● Marketing Firm $43,125 Digital & Print Advertising Management
Corporate Group Sales
● Virtual Trade Show $1,250 ● Contracted Sales $6,941 ( Q1 pre-pandemic)
Operations
● Management $26,951 Bookkeeping & Admin Services ● Operating $355 Software & Fees for Operating
Total Expenses $135,914 2019 = $195,824
Fund Balance Carried $25,883 Due to the pandemic shutdowns we were unable over to 2021 Budget to run planned PR and Marketing at certain times throughout the year, therefore, portions of the marketing budget were not spent in 2020 and have been rolled over to those line items for 2021.
2020 RESERVE
Starting Balance $21,044 Deposit of Net Revenue $543 Expenditures $0 Ending Balance $21,587
3 149 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
FROM: Bob Nisbet, City Manager
TITLE: DISCUSSION OF JIMENEZ-RARBACK REPORT ON POLICING AND PUBLIC SAFETY IN HALF MOON BAY ______
RECOMMENDATION: Receive a presentation on the report from Councilmembers Jimenez and Rarback, receive public comment, discuss the report, and provide further direction as necessary.
FISCAL IMPACT: There is no fiscal impact from receiving this presentation. However, the report is comprehensive and would have fiscal impacts on the City if implemented.
STRATEGIC ELEMENT: This action supports the Healthy Communities and Public Safety elements of the Strategic Plan.
BACKGROUND: On May 28, 2021, the City Council received a report from resident David Eblovi entitled The Jimenez-Rarback Report on Policing and Public Safety in Half Moon Bay. At its June 1, 2021, Council meeting, Council directed staff to agendize an item for the June 15, 2021 meeting to receive a presentation on the report.
DISCUSSION: Two guest speakers have been invited by Councilmembers Jimenez and Rarback to discuss the Report and add their voices to the general conversation about public safety in Half Moon Bay. Dr. Greg Woods will focus comments on ethics and accountability in policing, and Sergeant Carl Tennenbaum SFPD (Ret.), will focus comments on the benefits of civilian responders to low-risk calls. Their bios have been provided to the Council under separate cover and are on file with the City Clerk.
At the beginning of the item, staff recommends that the mayor present protocols and an agenda for how the item will go including approximate times for various sections. The item will conclude with Council deliberation and direction.
ATTACHMENT: The Jimenez-Rarback Report on Policing and Public Safety in Half Moon Bay Page 1 of 1
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The Jimenez- Rarback Report on Policing and Public Safety In Half Moon Bay
May 28, 2021
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TABLE OF CONTENTS
Introduction ...... 2 Part I: Historical Background ...... 3 Part II: Public Safety, Defined ...... 7 Part III: Reimagining Public Safety ...... 10 Part IV: The Role of the Chief of Police ...... 12 Part V: The Half Moon Bay Department of Public Safety ...... 13 Part VI: Timeline ...... 16 Part VII: Conclusion ...... 17
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INTRODUCTION
We write this report with the intent to engage the public of Half Moon Bay with the aim of creating needed and critical policy changes in policing and public safety.
Lincoln once said that the dogmas of the quiet past are inadequate for our stormy present. No statement could be more representative of where we are today. If we are to maintain and prosper as a community of great diversity we must start at the beginning by first understanding and then reimagining how thhe people of Half Moon Bay are treated by their government. Our city needs a policy tthat reflects our community’s diversity and is centered on actual protection off all individuals, including our most vulnerable. We must act firmly and decisively against the natural resistance to change, to redress the balance of force and protection to onne that more accurately reflects our community. We need a comprehensive policy that is based on actual data, real world analysis, and real-world financial realities, instead of one based on our latent fears of “the other” that have been with us for many years.
Thank you for taking the time to read this report, and please share it, and your opinions at upcoming City Council meetings. Public particippation is the fuel that runs our local government, and without it we will not succeed in our desire to reimagine public safety and policing in Half Moon Bay.
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PART I: HISTORICAL BACKGROUND
The policing model in use today to deal with many public safety issues is similar to the model invented in the 19th century to capture escaped slaves and either punish them or return them to their owners. The police of today are the direct antecedents of yesteryears’ slave hunters.
This truth can be seen in the metal badge shaped like a star, the legality of being armed, and the freedom to use that force in mostly unregulated ways that defer to the officer when actions are questioned. To be clear, we are not comparing today’s police officers to yesteryears slave hunters. But what we are comparing is the physical structure of the agencies, how they operate, and most importantly- how they operate above and free from nearly all meaningful scrutiny.1
A SIMPLE SOLUTION TO AN INCREASINGLY COMPLEX PROBLEM As the United States moved out of the 19th century and into the 20th this policing model spread widely, to the point where it is ubiquitous in the U.S. today. Yet as we evolved as a nation so too did the demands on law enforcement personnel and agencies. Things that no one ever could have dreamed of in the 1860’s are commonplace today.
Some examples include the advent of the mob in all its forms, rum-running during Prohibition, enforcing new traffic laws as the motor car replaced the horse, and enforcing civil rights laws. As we moved into the latter part of the last century issues like the widespread use and sale of drugs, and the related violence began to overwhelm police agencies and entire cities. Domestic violence issues became common, as did dealing with mentally-ill people. Coincidentally, the last century also saw the advent of military grade weapons on city streets, something that was unimaginable the century, (or even the decade) before.
Thus what started as a simple solution to a simple problem has since evolved as the need to diversify services and skills in a complex tactical environment forced many changes onto police departments nationwide. Notwithstanding many of the changes implemented nationwide it remains the case that the vast majority of police funds, energy and effort are devoted to the same basic implementation and use of force that were the focus in the very beginning, even though these activities make up a tiny portion of any given officer’s daily routine.
THE ADVENT OF THE “MODERN POLICE OFFICER” IN POPULAR MEDIA Modern popular culture portrays police using violence and extreme force as the primary tool for enforcing policy. A representative example can be found in a TV show that was inspired by a 1987 movie series called Lethal Weapon. The TV show premiered in 2016 and ran for three years. The show saw its two main protagonists engage in numerous long-running gunfights over the course of just the first three episodes. The
1 While there are regulations in place to govern the actions of police officers it remains the case that they are protected by qualified immunity from liability for nearly everything they do. As a result prosecutions of individual officers for wrongdoing are astonishingly rare, and convictions even more so.
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mayhem unleashed on Los Angeles by the two officers is so unrealistic it seems like it is almost a parody of what a normal police officer would do on a daily basis. Yet this style of show, and movie, pervades the consciousness of the public today and that affects the perceptions of the public when it comes to law enforcement in highly prejudicial ways.
After you cut through the glitzy veneer, what we see repeatedly in these shows are officers, under color of the law, using excessive and lethal force repeatedly and with abandon, and never with any consequence. Equally notable are the things missing from the presentation- the harm caused to the families or individuals who fall victim to the fictional officers, as well the economic conditions that contributed to their place in society. We also see officers violating the most basic tenets of human rights on an ongoing basis, as well as outright violating the law themselves on a repeating basis. This observation is not intended to vilify what is in reality intended to be fantasy entertainment, but it does explain a significant part of the increased acceptance by the public of the militarization and tendencies towards violence that we see today in modern police forces.
PEOPLE DO WHAT THEY ARE TRAINED TO DO BECAUSE IT ALSO HAPPENS TO BE WHAT THEY ARE BEST AT. If you look back at training films from 50-75 years ago showing police training at the academy, you will see quickly that not a lot has changed. The focus is on use of force, general policing, and building a bond with your fellow recruits and officers using the same techniques that the military uses.
A 2006 Department of Justice Report2 that looked at overall police training trends found that recruits spent an average of 123 hours learning how to shoot people and defend themselves, as against just 8 hours of mediation skills and conflict management. This despite the fact that the vast majority of any officer’s daily routine is in conflict management and mediation.
This inherent bias, which has been ingrained in police agencies since their inception 175 years ago, results in the use of force as the preferred and frequently only response from officers, even when mediation or conflict avoidance measures would have been more effective and safer for both the suspect and the officers themselves.
Here’s a thought problem: Let’s look at the sad killing of Chinedu Okobi in 2018, at the hands of Sheriff’s Deputies, and let’s set aside the legality of their actions for a moment. Okobi was stopped by an officer, and he fled for reasons unknown. The officer chased him down, and then immediately applied force in various forms until, after repeated beatings and 7 tasings, Okobi finally stopped struggling- because he was dead. Again, setting aside the legality completely for a moment, what would cause a human being to respond to someone (who has committed no crime) actually trying to disengage with them- by unleashing a torrent of lethal force against the person?
2 https://www.bjs.gov/content/pub/pdf/slleta06.pdf
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Okobi (coincidentally, or not, a black man) was killed for the crime of (essentially) not complying with a Sheriff’s Deputy. The similarities to what would have happened to other black men 175 years ago who ran across the law in the deep south are disturbingly present, and if we ignore them now we do so at our own ultimate peril.
With the advent of handheld high definition cameras in nearly every phone, as well as body worn cameras for officers, the general public has been increasingly seeing more deeply into the daily lives of police officers and what they are seeing is highly disturbing. As a result, there is a strong (and somewhat justified) tendency in the public to criticize individual officers for their actions, and for everyone to focus on the “few bad apples,” which unfortunately ignores the reality that the training they have been given from their entry into law enforcement has steered them to that moment caught on video when their use of force went horribly wrong.
The increased visibility of officers’ actions, and their tendency towards the use of force (or physical restraint), has often led to a heightened degree of hostility between line officers and the general public they serve. Police unions have turned this heightened and understandable outcome into one of dogmatic division. “You are either with us or against us!” is one common theme, as is a stylized American flag with a blue line in place of a red stripe. What totems like these ignore of course is that it is entirely possible to be unhappy with someone’s performance, and to want it to be better, without being against them at all. What it also ignores is that without being willing to take an honest look in the mirror no individual or organization can ever improve on its shortcomings.
CONCLUDING THE HISTORICAL PERSPECTIVE Sometimes things really are that simple, at least in the main. Consider the following:
1. Police today are direct descendants of individuals who used lethal force, and not much else, to hunt down, arrest, and/or punish “the bad guy.”
2. Police training has not evolved in substantive ways since the dawn of the existence of police officers in the US, and that training focuses heavily on the use of force and related topics.
3. Mediation, conflict avoidance, mental health and de-escalation occupy a tiny part of the average police officer’s education and training, yet these are the areas that the average police officer spends the bulk of their time doing.
4. Numerous forms of popular entertainment glorify and exalt the use of violence by police officers, usually with few or no consequences to those deploying the force.
5. The ubiquity of video cameras, on homes, phones, and on officers has led to an exponential explosion of officers caught violating civil rights, up to and including excessive force leading to death that should not be tolerated in any civil society.
What is surprising about all of this is not that we are finally realizing that when you train people to kill and act in ways that will injure others, they will tend to do so. What is surprising is that it is only dawning on us now that the system we have employed since
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before the Civil War is woefully obsolete, and it doesn’t represent the needs of our community as they apply to public safety at all.
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PART II: PUBLIC SAFETY, DEFINED
Now that we’ve established that police responses to myriad issues may not be appropriate due mostly to inadequate training and a culture of violence and forced compliance, what are we left with?
To determine that we first have to determine what the words “public safety” even mean.
To Ken, who lives on Poplar between Hwy 1 and the beach, public safety might mean stopping cars filled with drunk kids from speeding up and down his street.
To Barbara, who has a shop on Main Street, public safety might mean stopping the teens who shoplift from her every week. Or possibly it might mean dealing with the homeless guy in a wheelchair who sits outside Cunha’s store at all hours of the day.
To the half dozen or so people who have drowned on Half Moon Bay beaches over the past ten years public safety would probably mean a lifesaving system that would have saved them and their families from a tragic loss.
To Mathilda, who lives near Cunha Elementary School it might mean getting the obviously drunk guy in the pocket park out of her neighborhood. He’s obviously up to no good and it looks like he’s trying to break the security tops of liquor bottles.
To Mario and Jacinda it might mean someone to help with their now 15 year-old’s frequent bipolar episodes, which often end with the home being trashed.
To Sue it might mean someone to help her deal with an alcoholic husband who beats her when he is in a foul mood, without carting him off to jail, which never seems to accomplish anything.
To Ben it might mean an officer to run down and stop the two cars racing on Hwy 1, who both nearly killed an innocent third party.
To Heidi it might mean wanting the police to come and peacefully disarm a mentally ill gun-toting woman walking down Main Street, who was obviously not in her right mind.
To Bev and Max it might mean someone to help them deliver their baby- since he decided to come right when traffic is unmanageable on a Sunday afternoon and the hospital is out of reach.
To Ernie and Bert, and because they are about to come to blows, it might mean someone to come mediate between them as they fight over where a fence should be between their properties.
To Liana it might mean someone to come find the peeping Tom she just saw spying in her neighbor’s window.
To James it might mean someone to come take a report on his beloved 1977 Vega, which was stolen last night from his driveway. And for Sarah next door it might mean the
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same, except that she had the catalytic converter stolen from her Prius, probably by the same people.
That is not even a remotely complete list of things any given police officer can face on any given day. However it is representative of the breadth of calls a typical officer sees on a routine basis. Yet if you read the list carefully you will see very quickly that few, if any of those situations require the use, or even presence of force, deadly or otherwise.
So what are the services that would actually meet most of those needs?
1. Mediation services, whether between neighbors, spouses, or parents and children.
2. Crisis mental health competency and care.
3. A response that focuses on de-escalation from the outset, not on confrontation and then compliance through the use of force.
4. Basic report taking and data processing for purposes of conducting an investigation.
5. In the case of our beaches- a system to provide minimal protection and lifesaving capability for the general public during king tide and high-surf events.
How many of those needs require the individual responding to be armed?
If you answered one you would probably be correct, although in that actual example there was obviously no need for an armed law enforcement officer to speak to the woman- as was demonstrated by the actual 911 call, where a member of the public described a perfectly pleasant, if odd, interaction with the gun-toting woman speaking about a race-war.
Think about that for a second. In the incident in question, the woman was sitting in an RV having a benign discussion with the resident when Sheriff’s Deputies appeared and banged aggressively on the side of the RV while yelling at her to come out. Prior to that, and not long before, the woman had a pleasant if disturbed conversation with a woman gardening on Main Street. It was only when an armed deputy showed up and started banging on the side of the RV that she exhibited any aggressive tendencies at all.
Was an armed response required? Probably. But was an armed deputy, acting with great aggression, and who actually shot at the woman before she had a chance to do anything aggressive, the best person to be there on point that night? Probably not.
So the first thing we as a City Council, and we as a community, must decide, is what exactly represents the public safety interest, and how are we going to fund that interest?
Our view on this is that the Council should actively investigate and determine/declare what defines public safety in Half Moon Bay. And it should do so not from a position of fear of change, but rather from the position of what really is, absent any political
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influence, the best way to apply our resources towards ensuring that the public is as safe as it can be. By that we mean all of the public. Our ethical responsibilities and the trust the people have placed in us mean that we must also include the significant minority members of our community who have had bad experiences with law enforcement, or who have family members who have had bad experiences.
Because we all need a place from which to start we will lay out our own proposed Department of Public Safety and how it should be staffed and funded in the sections that follow. However, this plan is intended as a starting point from which to move forward towards an achievable goal.
So step one was to define what public safety means, which is something we have not yet seen done in Half Moon Bay and is what we have tried to do here. Now that we have an idea of what defines the boundaries of “public safety”, we can start building a solution based on the real needs of our community while trying not to repeat the mistakes of the past.
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PART III: REIMAGINING PUBLIC SAFETY
A good place to start with the reimagining of public safety in Half Moon Bay is the recent and tragic case of Sandra Harmon. What if a mental health crisis intervention specialist had been on-call the night that Sandra Harmon was shot and killed? Would it have ended any differently?
We think it would have. Here’s why:
Ms. Harmon was sitting in an RV, in a tightly defined space, meaning that she was not going to be able to escape to somewhere else that night. Once officers knew (or suspected) where she was she was fully contained and wasn’t going anywhere.
We already know the outcome after a solo officer rushed in unprepared,3 so we’ll skip that version here. Instead let’s imagine how a response from a public safety department and the Sheriff’s office, working together, might have gone:4
In our alternative scenario, at the same time that Deputies were dispatched for a woman with a gun, a bottle of wine and talk about a race-war, the on-duty Coastside Behavioral Health Emergency Response Unit was also dispatched. Responding with lights and siren to the area they were near the RV when the deputy discovered it. Knowing that he had assets and resources incoming, instead of barging in he parked his vehicle at the entrance to the Pasta Moon parking lot and called in the Behavioral Health specialist. The specialist met him two minutes later at his vehicle and after being briefed decided to approach the vehicle while wearing body armor and while supported by armed deputies. The officers and the specialist went over an incident plan, including where she would place herself for safety if things went south, to allow a clear lane of fire for the supporting armed deputies. They also insured that she had an open mic transmitting so all deputies could hear what was happening near the suspect.
Once they had the plan down, which took about five minutes, two deputies took up positions with rifles, covering both the rear and side of the RV. The specialist went up to the side of the RV, and knocked gently on the side. The owner called out “Who is it?” to which the specialist answered; “My name is Jane, I was wondering if it would be OK to talk to you for a minute?”
3 Deputy Dominguez’ excuse for not turning on his body-worn camera was “it was all too rushed…” 4 We are fully aware of the school of thought that implies that questioning what a police officer does in the line of duty is akin to a form of betrayal or treason. We do not accept this reasoning. When an airline pilot makes a decision in the heat of the moment and the result is 140 dead passengers we do not stop from examining in microscopic detail what happened and why, instead we have an entire federal agency tasked with doing exactly that. This is because it was recognized long ago that the best way to keep from repeating mistakes (whether human or mechanical) is to learn from them. Refusing to examine the actions of any given police officer involved in a use of force incident because “you can’t judge what an officer should do in such a circumstance” or because “you can’t understand what it was like, or what the officer saw” is simply a disingenuous and myopic attempt to keep yourself, and everyone else, from knowing the truth about what happened- for better or worse.
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Jane went to the door of the RV, and saw an agitated and probably high woman with a shotgun in her hands. Juan looked at her helplessly, knowing that this was a dangerous situation to be in. Jane made sure to stay away from the muzzle end of the shotgun, which Ms. Harmon never pointed at her- not seeing her as a threat. Over the course of the next half hour Jane was able to secure the weapon and escort Ms. Harmon out of the RV safely.
It could have gone badly as well. Jane could have approached the RV and knocked and Ms. Harmon could have emerged just as she did in real life. But then Deputies would have been in place to immediately neutralize the threat using deadly force- and there would not be any lingering questions about what happened and why.
In the end the outcome of any public safety incident is determined as much by the tool used to resolve it as anything else. At the moment the only tool we have in our toolkit is the Sheriff’s Office, so it falls on deputies, who are not very well trained in mediation and de-escalation but who are trained extensively in the use of force, as the primary solution for most problems they face.
This has important policy implications for our City. Yes, you can use a screwdriver to bash in a nail, at some risk to the nail and whatever you are bashing it into. But if you have a complete toolbox filled with appropriate tools- including a hammer, and you are bashing the nail with a screwdriver solely because that’s the way your whole family has pounded nails going back to the 1800s, well that’s just unacceptable to us from a policy standpoint.
As a city we have immense practical tools and resources available to us to handle the multitude of public safety challenges confronting us. It is concomitant upon us, as the leaders of this community, to stand and say enough is enough. The problems are not new; they are well known. The potentially effective solutions are not new; they too are well known. So why would we or any Councilmember advocate continuing to send the wrong individuals or tools to respond to public emergencies?
Yet we still resist changing our approach.5 We should send armed emergency responders only when they are needed, and only in situations where the use of force is the best (and preferably last) possible solution.
As a result, and until we as a city make a significant and meaningful change to how we go about the protection of the public safety, we will continue to see disaffected people at high risk of unfortunate encounters with law enforcement, until inevitably someone else dies on our watch.
5 See Half Moon Bay City Council meeting 5/04/2021 here: https://www.youtube.com/watch?v=FF0fUjfjses&list=PLFUunuheJ0ZWjgtkC6V0ZIeGSuPmtFlLv&ind ex=2&t=10s
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PART IV: THE ROLE OF THE CHIEF OF POLICE
How as a City can we achieve better outcomes?
The first step in this process is to achieve true accountability for all policing and public safety activities. At the moment we are told that neither the City Council, nor the City can set policy for the Sheriff because our contract does not allow it. That is a crazy position to be in and one which we must work together change.
Cities like Half Moon Bay are statutorily required to have a bona fide6 Chief of Police who has been appointed by the City Council. In fact, state statutes call specifically for the power of the City to be vested in five offices; the city council, the treasurer, the city clerk, the fire chief and the police chief.7 The City Attorney has stated that the only office that has the authority to make, set, and enforce city policing policy is that of the Chief of Police. It is for that reason that our road to reform must start with this office.
Historically the Chief of Police does exactly what it sounds like they do. He or she oversees the operational concerns of the police department and is the interface between the Council and the line officers. The chief implements policy at the direction of the Council. If there is a negative operational outcome or some other failure the Chief of Police answers to the Council directly, and if necessary implements changes at the direction of the Council. If the Council is unhappy with the Chief of Police they can replace him or her at any time.
This is why the true beginning of reform in Half Moon Bay must begin with the statutory framework that is already in place for this purpose. We must appoint a Chief of Police. We must do this not simply to fill the role of accountability that is currently completely absent, but also to begin to assemble the framework of a holistic solution to the current challenges facing our community when it comes to public safety. Without a Chief of Police to exercise the will of the Council over all matters public-safety related8 we will never be able to implement any actual reform in this area.
6 The City Attorney has stated that she believes that the Sheriff is the current de facto Chief of Police, a statement for which she has offered no support as there is no provision in CA Code for a provisional Chief of Police that is not employed solely at the pleasure of the City Council. The authority held by the Chief of Police is granted directly by the City Council, which means he or she is directly answerable to and accountable to the City Council. Yet paradoxically, as the City Attorney has offered- the Sheriff is legally not answerable to the City Council. It is this missing link of accountability that fails the assertion that a de facto Chief of Police who does not report to the City Council may still fill that role. 7 CA Govt. Code § 36505 8 For practical reasons we are excluding fire and EMS services here.
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PART V: THE HALF MOON BAY DEPARTMENT OF PUBLIC SAFETY
After extensive research, we have come to the conclusion that simply moving the players around on the chessboard is insufficient to provide the structural changes that will insure equity in justice for all members of our Half Moon Bay community. If you have made it this far you know that the policing model is fundamentally flawed and is based on an old and obsolete premise.
For many people this may seem like an overly ambitious attempt to remake our local government, or an otherwise impossible task for a relatively small city like ours. The truth is quite the opposite. Everything we are about to propose could be accomplished relatively quickly, and would likely have consequential and long-term cost benefits for the city. Finally, this proposal would result in a better standard of living for a significant part of our community.
In our model the organizational structure starts with the Chief of Police, who also holds the concurrent office of Director of Public Safety. These two offices collectively would be responsible for all aspects of public safety in Half Moon Bay outside of specific fire and EMS roles that are currently filled by the Coastside Fire Protection District.
The benefits of this structural change are numerous. After taking office this calendar year, the Chief of Police/Public Safety Director (the “Director”) would initially be tasked with executing the final plan as approved by the Council to transition from the current structural design to one similar to what we are about to describe. This transition would focus on placing the resources in place, in innovative ways if necessary, to maximize functional responses to each call for emergency services. Additionally the Director would be tasked with expending resources in a more cost-effective way than they are currently being spent, thereby freeing up funds for additional alternative services.
Our envisioning of the new Public Safety Department looks like this:
1. Public Safety would be broken into at least four separate divisions under the Director. These would be, in order of hierarchy:9 a. Officer involved use of force investigations Division b. Dispatch Services Division c. Emergency Services Division d. Community Services Division 2. Within the Emergency Services Division there would be four separate but collaborative sub-divisions: a. Mental Health Emergencies (HMB/SMC) b. Domestic Violence Emergencies (HMB/SMC) c. Homeless Outreach Emergencies (HMB/SMC) d. Armed Responses (SMCSO)10
9 Many of these services are either shared jointly with the County, or in some cases are provided for exclusively by the County. 10 Please note that we are not advocating for a change from the current provider for these services in this paper, nor do we believe that this would be beneficial either for the Sheriff’s
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3. Within the Community Services Division there would be at least six different sub- divisions, some of which are co-located or share personnel. a. Community Policing/Officers (Traffic Enforcement) (HMB) b. Community Policing/Officers (Crime Reports) (HMB) c. Community Policing (Rape Counselors and Special Victims)(HMB/SMC) d. Criminal Investigations (SMCSO/SMCDA) e. Beach Safety Unit (HMB/SMC) f. Citizen Complaint Hotline (HMB) 4. The Officer-involved use of force Division would report directly to the Chief of Police and would investigate any use of force incidents within Half Moon Bay.
We recognize that this reorganization can be hard to take in at first blush, yet in reality, and despite what appears initially as a highly complex structure, this entire organization would be comparable in cost to the current budgeted amount that Half Moon Bay pays to the Sheriff on an annual basis.
The reasons for that are pretty simple. Right now we pay the Sheriff $2.4 million for a total of 8 full time equivalent deputies that cover the Coastside 24/7. Yet for community services officers we only pay, on average, about $30/hr. A quick review of the org chart described above shows immediately that a vast number of what are now armed responses would be handled by community policing officers, who cost roughly a third on an individual basis of what an armed deputy costs the City.
In fact, freeing up one deputy position entirely, including the overhead, and reducing the workload of the other deputy by 40 percent would free up at least $1.6 million for alternative response personnel, many of whom would be on an on-call basis. In an interesting comparison, the average annual cost of a deputy on the Coastside is $264,000 including salary and benefits, and the cost of a full-time clinical Psychiatrist from the County would only be about $277,000.11
This organizational structure would also serve to limit the City’s liability going forward, ensuring that the right tool is used for each response in our community, no matter what the need is.
All of which brings us back to the Chief of Police, who would be carefully selected by the Council to make all of this a reality over the course of the next one to two years, and which is the only position available who could fill the dual roles necessary to truly reform criminal justice and public safety in Half Moon Bay.
We aren’t suggesting this would be easy, or that the Sheriff and County will suddenly agree that this is the best approach, but after a careful review of the facts, both locally and nationwide we feel that this path represents the best way forward for Half Moon Bay for economic, and most importantly, humane reasons.
Office or Half Moon Bay. What we are looking at is a structural change to the nature of the relationship, as well as the services rendered by the Sheriff’s Office. 11 Dr. Faith Rohlke, who works for County Behavioral Health Services receives total compensation of $277,000 annually according to Transparent California’s website.
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PART VI: TIMELINE
We have prepared an affirmative timeline for specific action on the part of the City Council as a part of this paper. We have done this most specifically because our current contract with the San Mateo County Sheriff’s Office expires in a year on June 30th, and we are required to provide notice to the Sheriff’s Office of any intent to modify or terminate the current agreement by September 30th, 2021.
Any failure to implement positive changes to the overall structure of our public safety services will definitively mean another 3 years of the already dysfunctional relationship we have with the Sheriff’s Office.12 This in turn would result in negative outcomes for any number of our people, and quite possibly another death which we could have prevented.
Hiring a Chief of Police is not rocket science, although hiring one with the qualifications we are seeking might be an interesting journey. We believe that it is entirely possible to open the application period this fall, and to have the Council interview and vet candidates shortly thereafter. This would see our new Chief of Police taking office no later than the end of the year.
The Chief’s first responsibilities would be to take the lead on negotiating with the Sheriff’s Office and in creating a table of organization for the new department we will have created for him/her/they to run. We expect these tasks to be essentially complete by the spring of 2022.
Once the table of organization has been approved by the City Council, the Director will begin hiring and/or appointing the staff necessary to fill the respective positions in the Public Safety Department. We expect that this will take some time, but the intention is to have the main positions filled by the 1st of July, 2022, at the latest. This will allow the Sheriff’s Office and the city’s representatives to begin working and training together collaboratively under the new organizational structure.
12 Dysfunctional is not an understatement or hyperbole. In the Sandra Harmon shooting the City requested, via the City Attorney that the Sheriff provide a copy of the log files for the camera that Deputy Dominguez was wearing that night. Despite an explicit clause in the contract that requires the Sheriff to provide a copy of this file the Sheriff politely told the City that we were not going to be given a copy. So yes, our relationship is a dysfunctional one, with the City on the wrong end.
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PART VII: CONCLUSION
We have taken the unprecedented step of creating this policy paper because this issue represents one of the greatest, if not the greatest, challenges our city will face during our tenure.
One of the first things to become apparent when we started working towards positive change in public safety was the significant and voluminous number of very loud objections coming from nearly all quarters.
The reasons for that are complex, just like the problems we are trying to solve. Numerous parties, when faced with the magnitude of the problem, were unable to wrap their heads around doing meaningful things to affirmatively alter entrenched policies. To be entirely fair it isn’t completely their fault- fixing the myriad issues with law enforcement is a daunting and overwhelming task, and for already overworked legislators and staff the problem at first blush gives all the signs of being a completely intractable timesink that will result in nothing positive.
Yet, the public elected us to find solutions to difficult problems, and that is what we have tried to do here. We have sought in this paper to identify and quantify the many issues facing the city that are related to policing and public safety, as well as how we got to this point in time. It is our hope that this work will serve as a creative template from which staff and our colleagues on the Council can set forth on a path to make our City a more equitable and compassionate place.
We intend to bring this paper, as a working framework on which to build, to an upcoming City Council meeting for the purpose of receiving comment and input, and with the concurrence of Council, directing Staff to begin implementation of the tasks outlined in this paper.
168 20-21 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
FROM: Bob Nisbet, City Manager
VIA: Lisa Lopez, Administrative Services Director Kenneth Stiles, Senior Accountant Bryan Lopez, Senior Management Analyst
TITLE: FISCAL YEAR 2021-2022 RECOMMENDED BUDGET ______
RECOMMENDATION: Review the Recommended FY 2021-22 Budget document, and approve resolutions to: 1) establish the GANN Appropriation Limit for FY 2021-22; 2) approve the City’s Review of the Investment Policy 3) adopt the FY 2021-22 Annual Operating and Capital Budget
FISCAL IMPACT: The FY 2021-22 recommended General Fund operating budget expenditures are $17,284,675 and include $1,603,200 in capital transfers. The FY 2021-22 Other Funds expenditures totals $22,622,124 The One-Year Capital Improvement Plan (CIP) Budget is $10,324,932 and the Five-Year Capital Improvement Plan is $45,394,250.
STRATEGIC ELEMENT: This recommendation supports all four strategic plan elements: Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and Inclusive Governance.
BACKGROUND: The City’s budget is the result of a thorough, collaborative, and transparent process involving the City Council, City staff, and the community. The annual budget cycle begins each year with the creation of a budget schedule and is completed with a public hearing followed by approval of the recommended budget by the City Council in June.
DISCUSSION: The City Council was presented with the FY 2021-22 Recommended Budget and Five-Year Capital Improvement Plan (CIP) on June 1, 2021. The Council conducted a hearing and provided staff direction to return to the June 15, 2021 Council meeting with a final version of the Recommended Budget for adoption. Staff also acknowledged at the June 1, 2021 hearing that there would be some financial modifications and changes to the budget narrative based on final corrections that were being made to the draft. Page 1 of 2
169 Below is a summary of significant changes that were made to the Recommended Budget document since the June 1, 2021 hearing:
1) Staff combined the Emergency Operations Plan and the Crisis Communication Plan into one effort and dropped the collective budget by $5,000 from $40k to $35k. 2) City administration added $25k for a community survey about public safety services. 3) Several missing sections were added to the final version including the City Manager’s Budget Message, both in English and Spanish. 4) A variety of changes were made to the narrative in several sections to improve readability and to align the narrative with financial changes.
CONCLUSION: The FY 2021-22 Recommended Budget is a balanced budget that reflects the priorities of the City Council and needs of the community. Through careful conservative fiscal management, the City was able to thwart a significant potential downturn and maintain a stable financial status, and can now begin to rebuild as the City’s primary revenue sources begin to increase.
ATTACHMENTS: 1. FY 2021-22 Recommended Operating and Capital Budget (posted online only) 2. City Manager’s Budget Message 3. Resolution Adopting the FY 2021-22 Annual Operating and Capital Budget 4. Resolution Establishing GANN Appropriation Limit for FY 2021-22 5. Resolution Approving the City’s Investment Policy (No change for FY 2021-22)
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170 ATTACHMENT 1 FY 2021-22 Recommended Operating and Capital Budget (posted online only)
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June 15, 2021
Honorable Mayor, City Councilmembers, and Community Members,
On behalf of City staff, it is my privilege to present to the City Council and the community the Recommended Operating Budget for Fiscal Year (FY) 2021-22. The Recommended Budget is a balanced budget that is a statement of the City’s current financial position; a tool that projects future revenue and expenditures to guide service and budget-related decision-making; and a work plan for communicating, implementing, and monitoring City operations, capital expenditures and Council priorities.
A phrase used by many last year, and one that certainly appeared in many City Manager’s Budget messages was, “the events of 2020 were unprecedented!” A phrase that will undoubtedly show up this year in many City Manager’s Budget Messages will be, “we are cautiously optimistic.” This phrase hedges their optimism just in case…
I am not cautiously optimistic, nor am I hedging. I am extremely optimistic for community and economic recovery in 2021-22 and I may never get another chance to say this in my Budget Message! I am optimistic for the following reasons:
1) The City took some extreme actions in 2020: We laid off 14% of the workforce and decreased our overall operating expenditures by 27%. We also took several “one-time” actions like deferring capital expenses, deferring debt payments, and “borrowing” from internal special funds to plug the General Fund budget gap caused by the severe economic downturn. These actions totaled nearly $5 million. All these short-term fixes have already been replenished or will be repaid in the Recommended Budget. 2) Federal and State government spending will be robust, and this spending will trickle down to the City in a variety of ways. We must be prepared to take advantage of government programs and grants that will benefit the City. The American Rescue Plan Act (ARPA) has already allocated $2.4 million to the City over the next two years. 3) Consumer savings rates are at historic highs hitting the highest rate ever in April 2020. Consumers are ready to spend in the latter half of 2021 and this will translate into better than predicted Sales Tax revenue for the City. 4) All indications are that people plan to travel in the next year and this will benefit the City’s revenues. Additionally, the City’s Transient Occupancy Tax (TOT) will increase from 12% to 14% effective July 1, 2021. 5) Total assessed property value continues to increase, and above-average increases in the City’s property tax revenue will continue for 1-2 years even after the hot housing market begins to cool off.
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6) The Bay Area vaccination rate is extremely high. As of June 7, 2021, eight of the nine Bay Area counties were in the top 10 counties in the state (San Mateo was ranked 5th). 7) Business innovation will be astonishing in the next 2-3 years. Entrepreneurship and investment will be robust. The millennials and the next generation (Generation Z, maybe the Zoom Generation?) will invent the new normal of how they want to deliver goods and services, how they want to shop, and how they want to connect with other humans. We will work and consume remotely, but at the same time will long for “old-fashioned” transactional connection (brick and mortar is not dead in a tourist town!) Half Moon Bay stands to benefit from this paradigm shift. 8) Coastside Gives shattered our record for generosity on the Coast. Nearly $1.5 million was given to local charities in a 24-hour period. This was $400,000 over 2020 and more than double the amount from 2019. 9) The City has a very committed and collegial Council that includes the City’s first Latino Councilmember! The City staff team appears to be very stable for the next couple of years, and without a doubt, is the smartest and most energetic team the City has ever had. 10) There is a renewed community interest in civic engagement unlike anything I have seen in my 30-year career in local government.
The following statement was made in last year’s budget and bears repeating:
“The City’s financial challenges cannot be solved in the long-term without addressing the social impacts caused by the pandemic and long standing divisive cultural issues. Recovery will be multi-year, require reinvestment into the community, and renewal that discards old norms, ideas, and approaches to governance and budgeting. Civic engagement is crucial to a successful paradigm shift.”
In the past six months, the City has formed two task forces: The Economic Recovery Task Force (17 members) and the Coastside Shelter Community Advisory Committee (10 members). These citizens are enthusiastic. They are committed to their community. They have been impacted by the Pandemic and want to give back and forward. Additionally, the Council directed formation of a Redistricting Commission, which will be comprised of seven residents who will guide establishment of new Council districts. There has been no shortage of applications for this group. And finally, many community members are having conversations among themselves and with Councilmembers about public safety, race, and mental health. These are sometimes hard conversations and deal with complex challenges that require community will, engagement, and optimism.
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From “The Second Coming,” (a poem written by William Yeats after World War I and the Pandemic of 1918), Yeats conveys the despair of the time:
“The best lack all conviction, while the worst Are full of passionate intensity.”
We must find the middle—the centre: not be so best that we are cynical beyond common values and beliefs, and not a passionate intensity that divides our community and thwarts progress on the vexed issues of the past year.
This level of civic engagement, a renewed desire to get involved, to volunteer time, to find the silver lining in the Pandemic and make the community a better place; to find the centre—for everyone, is what provides the foundation of my optimism.
PRIOR YEAR ACCOMPLISHMENTS
During FY 2020-21, the City met the challenges of the year and instituted various programs to respond to the Pandemic and economic crisis. Additionally, staff addressed other Council priorities and completed many projects that are aligned with the Council’s four Strategic Elements: 1) Infrastructure and Environment, 2) Healthy Communities and Public Safety, 3) Fiscal Sustainability, and 4) Inclusive Governance. Some of these accomplishments are summarized below:
• Maintained financial stability despite adverse economic conditions caused by the ongoing pandemic. • Developed a COVID-19 Response Plan under OSHA guidelines, to assist with City protocols which ensured staff safety. • Adopted and received certification from the California Coastal Commission for the Local Coastal Land Use Plan. • Secured commitment from the Coastside County Water District, supported by the California Coastal Commission, for lower-cost water connections for affordable housing projects. • Issued permits and entitlements for Carter Park and several Downtown Mixed-Use projects. • Conducted the November 3, 2020, General Municipal Election which resulted in the passage of a measure to increase Transient Occupancy Tax from 12% to 15% and election of two district Council seats.
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• Led a public information and outreach campaign related to the COVID-19 Pandemic, including numerous news releases, weekly e-news, weekly mayor’s letters, website updates, social media updates, signage, coordination with agencies, announcements of closures and service modifications (all translated into Spanish). • Coordinated and staffed weekly COVID-19 testing clinics at both the Ted Adcock Community Center and the Senior Center, in collaboration with Coastside CERT volunteers and Senior Coastsiders. • Supported coordination, logistics and outreach for community based COVID-19 vaccination clinics, targeting underserved and vulnerable populations on the coast. • Drafted emergency orders for the COVID pandemic and CZU fire that established FEMA reimbursement and the ability to institute new open government protocols. • Secured a $1 million grant to operate a Beverage Container Redemption Pilot Project behind CVS in Strawflower Village. • Revised the park/beach ordinances to ban single-use plastic bottles smaller than 2 liters and adopted an ordinance banning the distribution disposable foodware. • Completed acquisition of the Corporation Yard property (Stone Pine) and provided negotiation/real estate support for the County’s acquisition of the Coastside Inn. • Implemented the Yanira Serrano Presente! Program. • In partnership with the Sheriff’s Office CARON group, conducted numerous virtual community education and outreach events. • Launched the Coastside Recovery Initiative, including an economic Recovery Task Force, to coordinate recovery efforts and long-term planning toward a more equitable, vibrant, and resilient Coastside economy. • Led public safety outreach and research efforts through the City Council Public Safety subcommittee as well as focus groups with Latinx leaders, homeless individuals and service providers, faith leaders, and youth, as well as multiple meetings on the intersection of law enforcement and mental health. • Leveraged partnerships with County and local non-profit organizations to support underserved populations through emergency rental assistance funding, Coastside Collaborative information sessions, and mental health/substance abuse discussions.
COUNCIL PRIORITIES
The City Council conducted two virtual community listening sessions during the month of March that culminated in a priority setting workshop on March 24, 2021. At this workshop, the City Council established the following five broad priorities: 1. Affordable Housing 2. Public Health, Safety and Emergency Preparedness
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3. Economic Recovery and Development 4. Community and Climate Resilience and Sustainability 5. Redistricting
On May 18, 2021, staff presented Council a multi-year work plan that includes 29 separate programs, projects, and/or tasks under these five priorities. The Recommended Budget includes numerous funding allocations that will support implementation of these 29 tasks.
BUDGET AT A GLANCE
The City’s total estimated revenue (all funds) for FY 2021-22 is $34.3 million. This amount represents a 3% increase from FY 2020-21. This is primarily due to increased General Fund revenues and more specifically, Transient Occupancy Tax (TOT) and American Rescue Plan Act (ARPA) funding. General Fund revenues are approximately 53% percent of total revenues, and the primary three sources of General Fund revenues are Property Tax, Sales Tax, and Transient Occupancy Tax (TOT), as seen on the pie chart below.
As COVID-19 related restrictions ease and economic activity returns, these primary three sources are expected to increase by 29% from FY 2020-21. The total increase of general fund revenues from the year prior is 26%. These projections are based on staff analysis of local conditions and reflect information received from several sources, including the City’s Sales and Transient Occupancy Tax consultants.
Revenues and Transfers All Funds Actual Actual Revised Recommended Fund Name 2018-19 2019-20 2020-21 2021-22 General Fund 17,497,101 16,827,803 14,588,566 18,338,503 Enterprise Funds 5,203,327 6,928,511 6,035,204 6,957,631 Special Revenue and Capital Projects Funds 9,754,752 7,183,991 10,507,159 6,586,205 Internal Service Funds 1,835,387 2,227,754 1,954,403 2,444,133 Debt Service 1,243,535 143,939 - - Grand Total 35,534,101 33,311,998 33,085,332 34,326,473
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GENERAL FUND REVENUES Other Revenue Charges for Services 13% 4% Transient Occupancy Tax Intergovernmental 34% 7%
Other Taxes 6%
Sales Taxes 16% Property Tax 20%
The City’s total proposed budget expenditures for FY 2021-22 are $41.5 million, 45% of which, are from the General Fund. Total expenditures are 3% more than FY 2020-21. This increase is primarily due to increase spending in the General Fund with the use of ARPA funds. Capital improvements are approximately 25% of total expenditures, or $10.3 million. Of the General Fund expenditures, the largest departmental budget is for public safety as shown in the pie chart on the following page.
Expenditures and Transfers All Funds Actual Actual Revised Recommended Fund Name 2018-19 2019-20 2020-21 2021-22 General Fund 16,503,288 17,149,915 16,072,208 18,887,875 Enterprise Funds 5,134,691 6,346,283 11,201,162 11,414,331 Special Revenue and Capital Projects Funds 6,720,300 7,669,179 10,799,528 8,517,218 Internal Service Funds 1,726,266 1,750,482 2,014,079 2,690,575 Debt Service 937,704 11,783,851 30,000 - Grand Total 31,022,249 44,699,710 40,116,977 41,509,999
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GENERAL FUND EXPENDITURES BY DEPARTMENT City Attorney City Council City Clerk/Communications Debt Service 2% 1% 5% 7% Public Safety 23%
Other Operating Transfers 6%
Community Development 9%
Recreation and Community Public Works Services 19% 6%
City Managers Office and Emergency Services Capital Improvements (CIP) 7% Administrative Services 9% 6%
Looking ahead. Based on assumptions, known future costs, and historical information, staff prepared a five-year forecast for general fund revenues and expenditures. Forecasts are generally used to spot any significant fiscal issues in future years. The chart on the next page shows revenues and expenditures during this five-year period.
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BUDGETARY HIGHLIGHTS/SIGNIFICANT CHANGES The following three key principles guided development of the budget:
1) Assumed reasonably optimistic revenue projections over previous year estimates: • 171% increase in Transient Occupancy Tax (TOT); (This figure is unusually high due to our projection on July 1, 2020, being extremely conservative given the very real possibility of hotels being closed much of the fiscal year) • 35% increase in Sales Tax • 6% increase in Property Tax
2) Incorporated anticipated American Rescue Plan Act (ARPA) funds of $1.2 million into the General Fund and presented a line-item use of the funds that meets the requirement of the Act to “Replace lost public sector revenue” and focused use of the funds on expenditures that were cut or paused during the Pandemic.
3) To the extent feasible, reinstated programs, projects, expenditures, and staffing that were cut or paused in FY 2020-21 prior to proposing new expenditures and programs.
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Key highlights and changes are summarized below:
• The Community Services Non-Profit Grant Program was renewed, and considering ongoing COVID-19 recovery needs, the funding level is recommended to be increased from $200,000 to $250,000.
• The Sheriff’s contract has increased by $324,691 for FY 2021-22. This increase reflects a cost-of-living increase plus $222,442 towards the “service gap” caused by public safety personnel from the unincorporated areas servicing the City. At the end of FY 2021-22, there will be no “service gap” and the City will be able to increase or modify Sheriff staffing levels if that is desired.
• The Reserve Policy establishes an Operating Reserve at 30% of annual General Fund expenditures, and a Reserve for Economic Uncertainty at 20% of annual General Fund Expenditures. With the approval of this budget, these reserves will be fully funded at 50% of General Fund operating expenditures. The two reserves are estimated to be $8.6 million, which is a $1.4 million increase over the previous year.
• $1.6 million from the General Fund has been allocated to capital improvements. This is a $650,000 increase over the amount allocated when the FY 2020-21 Budget was adopted.
• As promoted by the Yanira Serrano Presents! Program, the Council allocated $75,000 to mental health services.
• In response to the financial impacts of COVID-19 the following five positions were laid off in April 2020: • Human Resources Management Analyst • Executive Assistant • Recreation Leader • Accounting Technician • Maintenance Worker I
Additionally, a second Maintenance Worker I position was left un-filled. These six positions represented 14% of the workforce. At mid-year FY 2020-21, one of the two Maintenance Workers was re-filled, and in this budget, it is recommended that the Recreation Leader and the Accounting Technician be re-filled, leaving approximately 10% of the workforce remaining unfilled.
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• During the first half of FY 2020-21, all staff took a 10% furlough. This furlough was lifted approximately half-way through the year. This Recommended Budget retains all staff at full capacity.
• It is proposed that City Hall be reopened to the public Monday through Thursday effective July 6, 2021. We are proposing a hybrid approach to staff returning to work. For certain positions, we will allow employees to work from home up to 50% of the time.
• Parks and recreation services were cut significantly in the FY 2019-21 budgets, due to facilities, activities and events being closed and cancelled in response to health orders. With those orders lifted, facilities reopening, and recreation activities and community events allowed, $161,000 has been added to the Recreation Services budget for staffing and supplies. Community events are being planned, including Concerts in the Park, the Summer’s End Music Festival, among others, and new and existing sports leagues and classes will be offered in FY 2021-22.
• The Coastside Recovery Initiative began in early 2021, with an initial report and recommendations expected early in FY 2021-22. $70,000 has been allocated to continue those efforts and begin implementation of recommendations to spark economic development and recovery on the Coast.
CAPITAL IMPROVEMENT PROGRAM
The Five-Year Capital Improvement Program (CIP) has been updated along with preparation of the operating budget. The CIP document, which is presented separately, is an important element of the City’s budget as it guides the City’s infrastructure and facilities work. The development of the CIP has also utilized an iterative process. The City Council has seen this plan several times and has offered input and feedback at each stage, consistently providing guidance with an emphasis on investing in the community through capital improvements.
CONCLUSION
The FY 2021-22 Recommended Budget is a balanced budget that reflects the priorities of the City Council and needs of the community.
For more detailed information than what is stated here, the reader is encouraged to start with the Budget Overview. Departmental budgets follow and are clearly tabbed for ease of finding specific costs and services for each department.
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I am pleased to report that the City’s FY 2020-21 Budget received the Excellence Award from the Government Finance Officers Association. This award is presented to cities whose budget documents meet program criteria as a policy document, operational guide, financial plan, and communication device. We believe the FY 2021-22 budget will continue to meet the criteria for this award.
Development of the budget must be completed in a very compressed timeline and is a substantial amount of work for the entire organization. I want to acknowledge Council’s leadership, the department directors and their staff, but especially thank the dedicated budget team who completed this document.
My sincerest appreciation is extended to the folks of the Administrative Services Department (Lisa, Kenneth, Bryan, Julissa, Raymond, and Maggie)!
Respectfully submitted,
Bob Nisbet City Manager
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RESOLUTION No. C-2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY ADOPTING THE FISCAL YEAR 2021-2022 ANNUAL OPERATING AND CAPITAL BUDGET
WHEREAS, the City Council of the City of Half Moon Bay has received and completed its review of the proposed FY 2021-22 Operating and Capital Improvement Program Budgets during the budget hearing held on June 1, 2021 and gave general direction on the recommendations contained therein during a public meeting; and
WHEREAS, the City Council of the City of Half Moon Bay has held a public hearing on June 15, 2021 for consideration of adoption of the proposed FY 2021-22 Operating and Capital Budget; and WHEREAS, the proposed budget was prepared in accordance with the financial policies of the City; and WHEREAS, the proposed budget is a balanced expenditure plan that ensures the maintenance of adequate reserves during FY 2021-22; and WHEREAS, in accordance with Section 65103 of the State Government Code, the City’s Planning Commission held a hearing on May 11, 2021, and determined that the Five-Year Capital Improvement Plan is consistent with the City’s General Plan; and WHEREAS, the City of Half Moon Bay now desires to adopt the 2021-22 Fiscal Year Appropriations Limit, Operating and Capital Improvement Program Budgets for FY 2021-22;
NOW THEREFORE, the City Council of the City of Half Moon Bay does hereby resolve as follows: 1. The City Council does hereby approve and adopt the City’s budget of $41,509,999, including CIP allocation of $10,324,932, for fiscal year 2021-22 consisting of appropriations, inter-fund transfers and General Fund expenditures of $18,887,875 as set forth within the Fiscal Year 2021-22 Budget. 2. The City Council does hereby approve and adopt the City’s budgeted revenue of $34,326,473 for fiscal year 2021-22 and General Fund revenues of $18,338,503 as set forth within the Fiscal Year 2021-22 Budget. 3. The amount of the 2021-22 Fiscal Year Budget for each account area of the budget may be drawn upon in the form of warrants issued for payment of demands and certified in accordance with the provisions of California Government Code Sections 37208 and 37209. 4. The City Manager is hereby authorized to prepare an administrative budget document which further specifies the accounts for the expenditure of appropriations approved by the City Council and set forth in GANN Appropriation Limit Calculation section. The City Manager shall provide the Council with copies of this budget.
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5. A copy of the adopted budget, signed by the Mayor and attested to by the City Clerk, shall be kept on file with the City Clerk of the City of Half Moon Bay, as the official budget of the City of Half Moon Bay for the 2021-22 fiscal year.
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
184 RESOLUTION NO. C-2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY, CALIFORNIA, ESTABLISHING THE APPROPRIATION LIMIT PURSUANT TO CALIFORNIA CONSTITUTION ARTICLE XIII B, AND SECTION 7900 ET. SEQ OF THE CALIFORNIA GOVERNMENT CODE FOR FISCAL YEAR 2021-22
WHEREAS, Article XIII B is an amendment to the California Constitution placing a restriction on the amount of proceeds of tax revenue which can be appropriated by state and local governments during a fiscal year; and WHEREAS, the total appropriation subject to limitation shall not exceed the appropriation limit of the City of Half Moon Bay for the prior fiscal year, as adjusted for inflationary and population changes; and WHEREAS, the City Council is required to elect which adjustment factors will be used to calculate the limit: (1) either the annual growth in California per capita personal income or the growth in non- residential assessed valuation due to new construction within the City, and (2) either the population growth in the City of Half Moon Bay or population growth in the County of San Mateo, as provided by the State Department of Finance; and WHEREAS, the City Council has considered the matter at a regular scheduled City Council meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the appropriations limit for the Fiscal Year 2021-22, as calculated in Exhibit A, and hereby determines the amount to be thirty- three million, six hundred ninety nine thousand, six hundred thirty one dollars ($35,356,264) for the City of Half Moon Bay, pursuant to Article XIII B of the California Constitution. The City selected the following adjustment factors for the calculation of this amendment to the appropriations limit for the 2021-22 fiscal year: (1) the population factor of the City of Half Moon Bay; and (2) the Percentage Change in Per Capita Personal Income over prior year, which were provided by the State of California Department of Finance in May 2021. ******************************************************* I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
185
RESOLUTION No. C-2021-
A RESOLUTION OF THE CITY OF HALF MOON BAY APPROVING THE CITY OF HALF MOON BAY INVESTMENT POLICY
WHEREAS, the investment policy is reviewed each year by City Council in accordance with the City of Half Moon Bay's Investment Policy;
WHEREAS, the investment policy has been reviewed to ensure any necessary updates have been incorporated;
WHEREAS, there is no change in the investment policy at this time.
NOW, THEREFORE, BE IT RESOLVED THAT
The City Council of the City of Half Moon Bay hereby approves the City of Half Moon Bay's Investment Policy as contained in Exhibit A attached hereto.
***************************************************************** I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on the 15th day of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
Jessica Blair, City Clerk Robert Brownstone, Mayor
186 CITY OF HALF MOON BAY INVESTMENT POLICY POLICY OVERVIEW
PURPOSE
The purpose of this policy is to establish guidelines for the management and investment of the unexpended funds of City of Half Moon Bay (the City) under authority granted by the City Council. This policy is in compliance with the provisions of California Government Code Sections 53600 through 53684, governing investments for municipal governments.
INVESTMENT OBJECTIVES
The primary objectives of this investment policy, in order of priority, are safety, liquidity, and yield:
1. Safety - Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. This objective shall be accomplished by mitigating credit risk and market risk.
2. Liquidity - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This objective shall be accomplished by structuring the portfolio so that securities mature concurrently with anticipated needs. The portfolio shall consist largely of securities with active secondary or resale market. Furthermore, a portion of the portfolio may be placed in money market mutual funds or the Local Agency Investment Fund (LAIF) which offer same-day liquidity for short-term funds.
3. Yield - The objective of the investment portfolio is designed to attain a market rate of return throughout budgetary and economic cycles, taking into consideration the investment risk constraints and liquidity needs. Investment performance shall be continually monitored and evaluated by the City Treasurer in comparison with other portfolio benchmark yields.
SCOPE
The investment policy applies to all financial assets of the City as accounted for in the Basic Financial Statements. It includes, but is not limited to, the funds listed below: ▪ General Fund ▪ Special Revenue Funds ▪ Capital Projects Funds ▪ Debt Service Fund ▪ Enterprise Funds
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187 ▪ Internal Service Funds ▪ Trust and Agency Funds ▪ Any new fund created by the City, unless specifically exempted, with the exception of the following:
1. The City's Deferred Compensation Plan, which is excluded because it is managed by a third-party administrator and invested by individual plan participants.
2. Proceeds of debt issuance shall be invested in accordance with the investment objectives of this policy. However, such proceeds are generally invested in accordance with permitted investment provisions of their specific bond indentures. If, in the opinion of the City Treasurer, the matching of bond reserve or escrow defeasance funds with the maturity schedule of an individual bond issue is prudent, the investment policy authorizes an extension beyond the five-year maturity limitation as outlined in this document.
USE OF STATE INVESTMENT GUIDELINES
California Government Code Sections 53600 through 53692 regulates the investment practices of public entities. It is the policy of the City to use the State's provisions for local government investments as the basis for developing and implementing the City's investment policies and practices.
STANDARDS OF CARE
1. Prudence - The City's investment officials shall act as fiduciary agents subject to the Prudent Investor Standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City Manager, City Treasurer (Finance Manager), and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
2. Ethics and Conflict of Interest - Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair their ability to make impartial investment decisions. City employees involved in the investment process shall
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188 disclose to the City Clerk in writing any material financial interest in financial institutions that conduct business within the jurisdiction. They shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio.
3. Delegation of Authority - Authority to manage the investment program is granted to the City Manager and City Treasurer (designee Administrative Services Director) and derived from Chapter 2.12 and 2.16 of the City of Half Moon Bay Municipal Code. Under the oversight of the City Manager and the City Treasurer, specified responsibility for the operation of the investment program may be delegated to the Senior Accounting Technician, who shall act in accordance with established written procedures and internal controls consistent with the investment policy. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate staff members. The internal controls system includes separation of duties, custodial safekeeping, avoidance of physical delivery securities, development of wire transfer agreement, and clear delegation of authority to subordinate staff members.
The City may delegate its investment authority to an investment advisor registered under the Investment Advisers Act of 1940, so long as it can be demonstrated that these services produce a net financial advantage or necessary financial protection of the City's financial resources. The adviser shall follow this policy, and any other written instructions.
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INVESTMENT GUIDELINES
SAFETY OF PRINCIPAL
Safety of principal is the primary objective of the City of Half Moon Bay. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker/dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk.
Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City's capital base and cash flow.
Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years, the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation.
LIQUIDITY
The City's financial portfolio shall be structured in a manner to ensure that the securities mature concurrent with anticipated cash demands. The portfolio should consist largely of securities with an active secondary or resale market to meet any unanticipated cash demands. A portion of the portfolio may be placed in money market mutual funds or LAIF, which offer same day liquidity for short• term funds.
It is the full intent of the City to hold all investments until maturity to ensure the return of all invested principal. However, securities may be sold prior to maturity under the following circumstances: • To minimize loss of principal for a security with declining credit. • When liquidity needs of the portfolio require that the security is sold.
INVESTMENT PARAMETERS
1. Diversification - The City shall diversify its investments within the parameters of this policy to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. Nevertheless, the asset allocation in the investment portfolio should be flexible depending upon the outlook for the economy, the securities markets, and the City's anticipated cash flow needs.
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190 The investments shall be diversified by: ▪ Limiting investments in securities to avoid over concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities); ▪ Limiting investment in securities that have higher credit risks; ▪ Investing in securities with varying maturities; and ▪ Continuously investing a portion of the portfolio in readily available funds such as LAIF or money market mutual funds to ensure that appropriate liquidity is maintained in order to meet unanticipated cash demands.
2. Maximum Maturities- To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow of bond proceeds or bond defeasance escrow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase. As a general rule, the weighted average maturity of the investment portfolio will not exceed two years.
Reserve or escrow funds established by the issuance or defeasance of bonds and other funds with longer-term investment horizons may be invested in securities exceeding five years if the maturities of such investments are made to coincide with the expected use of funds. The intent to invest in securities with longer maturities shall be disclosed in writing to the City Council.
3. Competitive Bidding - It is the policy of the City to encourage competitive bidding for investment transactions that are not classified as "new issue" securities. For the purchase of non "new issue" securities and the sale of all securities at least three bidders must be contacted. However, it is understood that certain time constraints and broker portfolio limitations exist which will not accommodate the competitive bidding process. If a time or portfolio constraining condition exists, the pricing of the investment should be verified to current market conditions and documented for auditing purposes.
PERFORMANCE EVALUATION AND BENCHMARK
Investment performance is continually monitored and evaluated by the City Treasurer. The investment portfolio benchmark yield shall be the average yield on the U.S. Treasury security that most closely corresponds to the portfolio’s weighted average final maturity.
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191 PROTECTION OF SECURITIES
To protect against fraud, embezzlement, or losses caused by the collapse of an individual securities dealer: ▪ All securities owned by the City shall be held in safekeeping by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement or master repurchase agreement. All trades executed by a dealer will settle delivery vs. payment (DVP) through the City's safekeeping agent.
-or-
▪ All securities owned by the City shall be insured by a third-party insurer and the City shall be named as insured on that policy.
Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings.
INTERNAL CONTROL
The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits to be derived and that the valuation of costs and benefits requires estimates and judgments by management.
If the City's investment portfolio includes more than pooled investments, an external auditor shall conduct an annual independent review to assure compliance with policies and procedures. The internal controls shall address the following points:
▪ Control of collusion ▪ Separation of transaction authority from accounting and record keeping ▪ Custodial safekeeping ▪ Avoidance of physical delivery securities ▪ Clear delegation of authority to subordinate staff members ▪ Written confirmation of transactions for investments and wire transfers ▪ Development of a wire transfer agreement with the lead bank and third-party custodian
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192 INVESTMENT REPORTS
The City Treasurer shall review investments and render quarterly reports to the City Manager and City Council. These reports shall include: ▪ The par amount of the investment, the classification of the investment, the percentage of the total portfolio which each type of investment represents, the name of the institution or entity, the rate of interest, the maturity date, the current market value, and the source of the market value. ▪ A statement that the projected cash flow is adequate to meet expected obligations over the next six months. ▪ The weighted average maturity of the portfolio. ▪ The average weighted yield to maturity of the portfolio as compared to the applicable benchmark. ▪ Statement of compliance with the investment policy.
This report is due within 30 days of the end of the quarter. The City Manager may, at his/her discretion, require this report on a monthly basis based upon market conditions.
QUALIFIED BANKS AND BROKER/DEALERS
The City shall transact business with financial institutions that qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630.5. The institution shall be a member of the FDIC and shall secure all deposits exceeding FDIC insurance coverage in accordance with California Government Code Section 53652.
All broker/dealers who desire to do business with the City shall provide the necessary information (e.g. audited financial statements, proof of state registration, proof of National Association of Securities Dealers certification, etc.) from which the City can determine their creditworthiness, the existence of any pending legal action against the firm or the individual broker as well as an understanding of the security markets that they service. To be eligible, a firm must be licensed by the State of California as a broker/dealer as defined in Section 25004 of the California Corporations Code.
The City Treasurer shall annually send a copy of the current investment policy to all financial institutions and broker/dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the dealer understands the City's investment policies and intends to sell the City only appropriate investments authorized by this investment policy.
COLLATERAL REQUIREMENTS Collateral is required for investments in non-negotiable certificates of deposit and repurchase agreements. In order to reduce market risk, the collateral level shall be at least 102% of market
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193 value of principal and accrued interest and marked to market weekly. Securities that are acceptable as collateral shall be the direct obligations of the United States or any agency of the United States or shall be fully guaranteed as to principal and interest by the United States or any agency of the United States.
AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code Sections 53600 etc. seq. Within the context of the limitations, the following investments are authorized, as further limited herein:
1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio, which can be invested in this category, although a five-year maturity limitation is applicable.
2. Government Sponsored Enterprises - Obligations issued by Federal Government agencies such as the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank (FFCB), the Federal Home Loan Bank (FHLB), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Home Loan Mortgage Corporation (FHLMC). There is no percentage limitation of the portfolio, which can be invested in this category, although a five-year maturity limitation is applicable.
3. Banker's Acceptances - Bills of exchange or time drafts drawn on and accepted by commercial banks, otherwise known as banker's acceptances, may not exceed 180 days maturity or 20% of the cost value of the portfolio. Furthermore, no more than 5% of the cost value of the portfolio may be invested in the banker's acceptances of any one commercial bank.
4. Commercial Paper - Commercial paper is a short-term, unsecured promissory note issued by financial and non-financial companies to raise short term cash. Up to 15% or the City's portfolio may be invested in "prime" commercial paper of the highest ranking or of the highest letter and number rating as provided by a nationally recognized statistical rating organization (Moody's or Standard and Poor's) and with maturities not to exceed 180 days. The issuer must have total assets in excess of $500 million, and have debt other than Commercial paper rated "A" or higher by two nationally recognized statistical rating organizations. The City may not hold more than 2% of a single issuer's outstanding paper.
5. Negotiable Certificates of Deposit -- Purchases of negotiable certificates of deposit issued by nationally or state-chartered banks, state or federal savings institutions, or state-licensed branches of foreign banks may not exceed 30% of the cost value of the
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194 portfolio. The City may not invest in an institution where a member of City Council, City management, or City Treasurer serves on the board or committee of the institution. Funds will only be invested in Certificates of Deposits that are fully insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC) in amounts up to $100,000. A maturity limitation of two years is applicable.
6. Repurchase Agreements - Repurchase agreements may be made on any investment authorized by this investment policy. The maturity of the repurchase agreements shall not exceed one year. The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff weekly and shall not be allowed to fall below 102% of the value of the repurchase agreement. A Master Repurchase agreement is required between the City and the dealer for all repurchase agreements transacted. No more than 5% of the City's investment portfolio may be invested with any one counter party, and the aggregate investment in repurchase agreements shall not exceed 10% of the City's total portfolio.
7. Local Agency Investment Fund (LAIF) - a State of California managed investment pool may be used up to the maximum permitted by California State Law.
8. San Mateo County Investment Pool - a County of San Mateo managed investment pool may be used up to the maximum of 100% of the cost value of the portfolio.
9. Time Certificates of Deposit - Time certificates of deposit, non• negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations. Since time deposits are not liquid, no more than 10% of the investment portfolio may be invested in this investment type. A maturity limitation of two years is applicable.
10. Medium Term Corporate Notes – defined as corporate and depository institution debt securities, with a maximum maturity of five years, may be purchased. Securities eligible for investment shall be rated AA or better by a nationally recognized securities rating organization (Moody's or Standard & Poor's). Purchase of medium-term notes may not exceed 10% of the cost value of the portfolio and no more than 10% of the cost value of the portfolio may be invested in notes issued by one corporation. Commercial paper holdings should also be included when calculating the 10% limitation
11. Money Market Mutual Funds - Mutual funds invested in U.S. Government securities are permitted under this policy and under California Government Code Section 53601(L). All of the following criteria must also be met: (1) The fund shall have a minimum of $500 million in total portfolio value; (2) The fund shall be registered with the Securities and Exchange Commission, and shall have achieved the highest ranking or the highest letter
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195 and numerical rating provided by not less than two nationally recognized statistical rating organizations; (3) The fund shall have retained an advisor which is registered with the SEC, or which is exempt from such registration; Investment in such funds shall not exceed 20% of the City's total portfolio; and no more than 5% of the City's total portfolio may be invested in any one mutual fund.
12. Moneys Held By a Trustee or Fiscal Agent - Moneys held by a trustee or fiscal agent and pledged the to the payment or security of bonds or other indebtedness obligation under a lease, installment sales or other agreement may be invested in accordance with the statutory provisions governing the issuance or defeasance of the bonds or obligation.
13. Prohibited/Ineligible Investments - Ineligible investments are those that are not described herein, including but not limited to, common stocks, reverse repurchase agreements, inverse floaters, range notes, mortgage derived interest only strips, derivatives securities, or any security that could result in zero interest accrual. (Sec. 53601.6)
Maximum Investment Maturity and Percentage - The following matrix of maximum maturity and percentage limits, by instrument, are established for the City's total pooled funds portfolio:
Investment Type Maturity Percentage Repurchase Agreements 1 Year 0 to 100% Local Agency Investment Fund Upon Demand 0 to 100% San Mateo County Investment Pool Upon Demand 0 to 100% U.S. Treasury Bonds/Notes/Bills 5 Years 0 to 100% Government Sponsored Enterprises 5 Years 0 to 100% Bankers' Acceptances 180 Days 0 to 20% Commercial Paper 180 Days 0 to 15% Negotiable Certificates of Deposit 2 Years 0 to 30% Time Certificates of Deposit 2 Years 0 to 10% Medium Term Corporate Notes 5 Years 0 to 20% Mutual Funds/Money Market Funds Upon Demand 0 to 20%
LEGISLATIVE CHANGES
Any State of California legislative action that further restricts allowable maturities, investment types, or percentage allocations, supersedes any and all previous applicable language in this Investment Policy.
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196 INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall be allocated quarterly to various fund accounts based on the (average 13 months) cash balance in each fund as a percentage of the entire pooled portfolio.
POLICY CONSIDERATIONS
The following policy considerations apply:
1. Exemption - Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy.
2. Amendments - The City's investment policy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends.
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197
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Jessica Blair, Communications Director / City Clerk Jonathan Roisman, Deputy City Clerk
TITLE: APPOINTMENT OF REDISTRICTING ADVISORY COMMITTEE MEMBERS ______
RECOMMENDATION: By motion: 1) appoint seven members to the Redistricting Advisory Committee via ranked-by- number method; and 2) receive and file tentative calendar of meetings.
FISCAL IMPACT: There is no fiscal impact associated with appointment of the committee. However, the City Council approved an agreement with National Demographics Corporation on January 19, 2021 for demographer services for this process at a cost of roughly $45,000. Additional costs will be incurred for necessary public outreach as well and have been incorporated into the Fiscal Year 2021-2022 budget.
STRATEGIC ELEMENT: This action supports the Inclusive Governance element of the Strategic Plan.
DISCUSSION: In 2018, the City Council did not use a commission or committee for the transition to district elections. For this year’s process, the City Council considered the use of a commission or committee at its April 6, 2021 meeting and directed staff to move forward with a redistricting advisory committee. Additionally, the Council prescribed the manner in which members would be appointed and declared that a person who is an elected official of the City, or a family member, staff member, or paid campaign staff of an elected official of the City, shall not be appointed to serve on the committee. Additionally, applicants must be registered voters within Half Moon Bay.
The City Clerk posted a Notice of Vacancy and conducted a three-week recruitment resulting in 14 submitted applications. Two of the applications were from outside City limits, leaving a total of 12 applications for Council consideration. After considering options for appointment to the committee, the City Council opted to have applications numbered, and names and other
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identifying information redacted allowing Councilmembers to each announce their top seven applications, after which the City Clerk will tally the rankings and announce the top seven at- large to be appointed and the names of each member to be appointed. In the case of any ties, the City Clerk will announce that further discussion is needed on those applications until the Council has reached consensus on the top 7. Once the names are read by the City Clerk, the City Council would then make a motion to appoint those members.
The committee will work with staff and National Demographics Corporation, the City’s demographer, to review and recommend a redistricting proposal for consideration and adoption by the City Council. The City Clerk’s Office will provide staff support, and the demographer will provide technical and expert support to the committee.
Staff has developed a calendar of meetings and deliverables for the committee that is included as an attachment to this report. In addition to the required public hearings, staff is mapping out a robust public outreach campaign.
Following City Council adoption of the final district map, staff will return with a resolution formally disbanding the committee.
ATTACHMENTS: 1. Applications (redacted and numbered) 2. Calendar of Meetings
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199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 REDISTRICTING ADVISORY COMMITTEE CALENDAR
*All meetings held on Thursday evenings unless noted
JULY 15 (RAC) – INTRODUCTION (BROWN ACT, PRA, OVERVIEW OF TRANSITION TO DISTRICTS, REDISTRICTING BASICS)
AUGUST 12 (RAC) – PUBLIC / COMMITTEE WORKSHOP ON MAPPING, LEGISLATION, ETC.
AUGUST 21 (SATURDAY) (RAC) – PUBLIC / COMMITTEE WORKSHOP ON DISTRICT MODEL / ELECTION SEQUENCING
AUGUST 25 (WEDNESDAY) (RAC) – PUBLIC HEARING #1
SEPTEMBER 2 (RAC) – PUBLIC HEARING #2
AUGUST 16 – CENSUS DATA RELEASED (LEGACY FORMAT)
LATE SEPTEMBER – CALIFORNIA PRISONER-ADJUSTED DATA AVAILABLE
LATE OCTOBER – END OF MANDATED THREE-WEEK WAITING PERIOD TO RELEASE MAPS
NOVEMBER 8 (MONDAY) (RAC) – FIRST DRAFTS OF COMMITTEE MAPS, SELECT 3-5 FOCUS MAPS
DECEMBER 9 (RAC) – SELECT 2-3 FOCUS MAPS
JANUARY 4 (COUNCIL) – PUBLIC HEARING #3, REVIEW FOCUS MAPS, PROVIDE REVISIONS, IF ANY
JANUARY 22 (SATURDAY) (RAC) – PUBLIC INPUT ON FOCUS MAPS
JANUARY 27 (RAC) – PUBLIC INPUT ON FOCUS MAPS
FEBRUARY 15 (CITY COUNCIL) – PUBLIC HEARING #4, FINAL MAP SELECTION & ELECTION SEQUENCING
MRACH 15 (CITY COUNCIL) – CITY COUNCIL ADOPTION OF ORDINANCE ADOPTING DISTRICT MAP & ELECTION SEQUENCING (ADOPTION BY RESOLUTION IF SB 594 IS ENACTED).
APRIL 17 – DEADLINE FOR COUNCIL ADOPTION OF MAP (APRIL 5 CITY COUNCIL MEETING)
MAY 12 – COMMITTEE CLOSING CELEBRATION
(PUBLIC HEARINGS MUST BE AT LEAST 15 DAYS APART)
227
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: June 15, 2021
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: John Doughty, Public Works Director Maziar Bozorginia, City Engineer
TITLE: HALF MOON BAY BICYCLE / PEDESTRIAN ADVISORY COMMITTEE BY-LAWS AND APPOINTMENTS ______
RECOMMENDATION: It is recommended that the City Council adopt a resolution approving changes to the Half Moon Bay Bicycle / Pedestrian Advisory Committee (BPAC) By-Laws and, by motion, consider the appointment of the following committee members: • Mario Rendon (Walking Enthusiast) • Aaron Olson (Walking Enthusiast) • Janet Rae-Dupree (Recreational Cyclist) • Brandon White (Commuter Cyclist) • Erik Schiller, (Recreational Cyclist) • Carlene Foldenauer (Cabrillo Unified School District)
FISCAL IMPACT: There is an ongoing cost to the General Fund and impact for staffing the proposed Bicycle and Pedestrian Advisory Committee (BPAC). These costs are included in the operating budget of Public Works. The service of a BPAC is a key element in obtaining future grant funding for bicycle and pedestrian improvements.
STRATEGIC ELEMENT: This action supports each of the strategic elements: Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and Inclusive Governance.
BACKGROUND: On March 7, 2017, the City Council affirmed the formation of a BPAC and provided direction that the Committee consist of 10 members. During the BPAC inception in 2017, the City was considering a five-member committee and then discussed including seven members to insure representation of a full range of community interests. After further feedback and the interest in
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the Bike and Pedestrian Master Plan, the committee became ten members. The larger BPAC was deemed appropriate for the time as the group was serving as the City’s “ad hoc” steering committee for the City’s initial Half Moon Bay Bike and Pedestrian Master Plan. Because of the intersection of master planning in the City with unincorporated County, the City Council allowed non-City residents to serve. For much the same reason, the Council included members of the Parks and Recreation and Planning Commission.
Restructuring of the BPAC was discussed with BPAC members at their meeting of March 4, 2021. The discussion was positive and productive. Staff did not ask for a formal vote, but overall, most members of the BPAC were supportive of this change citing the master plan adoption and the necessity of having a large committee to advise on actions and programs implementing the Master Plan’s goals and policies. Some members were concerned that by reducing the size of the committee, some important perspectives may not be represented. All agreed that more public participation in the meetings is needed including those who may no longer formally serve on the Committee.
Terms of appointment for the BPAC are for four (4) years as set forth in the committee By-Laws. In light of this, staff is taking the opportunity to look at the current make-up of the Committee and to consider potential changes to the Committee based upon the current and anticipated role.
On April 6, 2021, the City Council received a report and approved restructuring of the BPAC, directing staff to return with revised By-Laws for formal adoption. Additionally, the Council authorized the City Clerk to publish a “Notice of Vacancies” and solicit “Willing to Serve Forms” based upon the revised BPAC structure.
DISCUSSION: The purpose of tonight’s actions is two-fold. First to formalize the structure of the BPAC within the City Council approved bylaws. Secondly, to appoint members to the BPAC for 4-year terms.
The changes approved by the City Council on April 6th included a restructuring of the Committee to 7 voting members. The bylaws include a restructuring of the number of members to include the following constituency:
1. Two (2) walking enthusiasts; 2. One (1) commuter cyclist; 3. One (1) recreational cyclist: 4. One (1) senior representative; 5. One (1) youth representative; 6. One (1) representative of the Cabrillo Unified School District (CUSD) appointed by the District.
In addition, the City Council approved, consistent with other Commissions and Committees, a revision to the bylaws requiring members be residents of the City of Half Moon Bay (with the
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exception being the representative of the Cabrillo Unified School District). The proposed changes to the By-Laws are included in Exhibit A to the Resolution.
After the City Council meeting on April 6, 2021, staff also published a “Notice of Vacancies” and started to solicit “Willing to Serve Forms” for the reappointment of BPAC members. The City received a total of 8 willing to serve forms. These individuals submitting forms are Aaron Olson, Brandon White, Brian Larson, Carlene Foldenauer, Erik Schiller, Hilary Stamper, Janet Rae- Dupree, and Mario Rendon. Copies of the “willing to serve” forms are included as Attachment 2. Of the eight applicants, two are unable to serve. Brian Larson lives outside of City limits and Hilary Stamper is serving on the Parks and Recreation Committee.
At present, we have not received a “willing to serve” form from a youth representative. Staff will reach out to the CUSD and other organizations. Our hope is to return on July 20th for appointment of the BPAC youth representative.
ATTACHMENTS: 1. Resolution 2. Willing to Serve Forms
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230 Resolution No. C-2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY APPROVING CHANGES TO THE HALF MOON BAY BICYCLE / PEDESTRIAN ADVISORY COMMITTEE BY-LAWS
WHEREAS, on March 7, 2017, the City Council affirmed the formation of a BPAC and provided direction that the Committee consist of 10 members due to the original goal to insure representation of a full range of community interests to serve as the City’s “ad-hoc” steering committee for the initial Half Moon Bay Bicycle and Pedestrian Master Plan; and
WHEREAS, on April 6, 2021, the City Council received a report and approved restructuring of the BPAC, directing staff to return with revised By-Laws for formal adoption. Additionally, the Council authorized the City Clerk to publish a “Notice of Vacancies” and solicit “Willing to Serve Forms” based upon the revised BPAC structure; and
WHEREAS, the changes approved by the City Council on April 6th included a restructuring of the Committee to 7 voting members whom are residents of the City of Half Moon Bay, with the exception of the Cabrillo Unified School District appointment; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves the changes to the Half Moon Bay Bicycle/Pedestrian Advisory Committee By-Laws (Exhibit A).
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I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 15th of June, 2021 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______Jessica Blair, City Clerk Robert Brownstone, Mayor
231 Exhibit A City of Half Moon Bay Bicycle/Pedestrian Advisory Committee By-Laws (Amended June 15, 2021)
Article I: Name and Authorization
A. Name 1. The name of the Committee shall be known as the Bicycle/Pedestrian Advisory Committee (BPAC), herein after referred to as the “BPAC". B. Authorization and Term 1. The BPAC exists by the authority of the Half Moon Bay City Council. The Bicycle/Pedestrian Advisory Committee shall continue for as long as the City Council deems necessary or desirable.
Article II: History and Purpose
The original purpose of the Bicycle/Pedestrian Advisory Committee (BPAC) was is to advise the City Council, Planning Commission, and Parks and Recreation Commission regarding 1) development, maintenance, and implementation of the City's Bicycle/Pedestrian Master Plan (BPMP) and 2) implementation of the City's General Plan Complete Streets Policy for circulation system improvements and programs to encourage cycling and walking as a means of transportation and recreation. The Committee was will also be involved in supporting updates of the City's General Plan and Local Coastal Program. Because the City’s master planning intersected with unincorporated San Mateo County, the City Council allowed non-City residents as well as members of the Parks and Recreation and Planning Commissions to serve. This resulted in a ten-member BPAC. With City Council’s adoption of the BPMP in September 2019, BPAC’s original steering mission was fulfilled. This resulted in a re-evaluation of the future form and function of BPAC and a revision of the BPAC by-laws in 2021.
Article Ill: BPAC Membership
A. Members 1. The BPAC shall be comprised of six (6) members appointed by the City Council plus one member representative of the Cabrillo Unified School District, for a total of seven (7) members. Committee members will be selected based on their qualifications and willingness to serve. Members will be selected without regard to race, creed, national origin, religion, age, gender, marital status, sexual orientation, gender identity, veteran status, or disability. To the greatest extent possible, the Committee will be made up of an equitable representation of city residents based on race and sex according to the demographic ratio of the city. In consideration of the Americans with Disabilities Act, efforts should be made to include members with disabilities. Members shall be from the following stakeholder interests:
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232 Exhibit A (i) Two (2) walking enthusiasts; (ii) One (1) commuter cyclist; (iii) One (1) senior representative; (iv) One (1) youth representative; (v) One (1) representative of the Cabrillo Unified School District appointed by the District; B. Eligibility 2. Members of the BPAC must be residents of Half Moon Bay and frequently utilize pedestrian and bicycle facilities throughout the City.
C. Term of Appointment and Removal 1. The term of the appointment for the BPAC shall be four (4) years. Vacancies shall be filled for the unexpired portion of the term of the member being replaced. 2. Members may be reappointed but will be considered along with other new applicants. 3. Any member of the BPAC may be removed from the BPAC by a majority vote of the City Council at a regularly scheduled City Council meeting. D. Vacancies 1. A member's position may become vacant when any or all of the following occur: a. A member is absent from three consecutive meetings or 20 percent of the scheduled meetings in a given calendar year. b. When a member no longer meets the membership requirements. c. When a member’s term expires. d. When a member resigns. 2. The Chairperson shall immediately, upon receipt of a resignation or when advised of a vacancy, notify the City Clerk, who will notify the City Council. 3. Should a resignation be submitted to staff, the staff member so notified will immediately inform the Chairperson and the City Clerk.
Article IV: Organization
A. Officers 1. The BPAC shall elect from its members a Chair and Vice Chair. 2. Officers shall be elected for a term of one (1) year at the first meeting held after January 1st of each year. Officers may serve more than one term. 3. The officers shall perform the duties as prescribed by these bylaws. B. Quorum 1. A majority of the BPAC shall constitute a quorum for purposes of holding a meeting or taking any action. C. Voting Rights 1. Each member shall be entitled to one (1) vote and shall cast that vote on each item submitted. Proxy votes and absentee ballots shall not be permitted. A Member shall only abstain from a vote when the Member has a valid conflict of interest.
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233 Exhibit A D. Removal of Officer 1. When an officer has been absent or has not performed the duties of that office for three consecutive meetings, the officer may be removed from their position with a majority vote of the Committee at a regularly scheduled meeting. The Committee may then elect a new officer.
Article V: Duties of Officers
A. Duties of the Chairperson 1. To conduct meetings of the BPAC as its chairperson: a. Ensure that consideration of items on the agenda move along without delay. b. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting. c. Ensure that decorum is maintained at the meeting. d. In presiding over matters where the public has provided comments and/or raised questions, the Chairperson should: (i) Direct questions or comments requiring a response to staff for a response. (ii) Ensure that staff and members of the public direct their comments to the chair. (iii) If necessary, help keep member questions relevant to the matter being considered by the BPAC. (iv) If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted. (v) Announce the decision of the BPAC on all subjects. 2. To ensure that each member of the BPAC is provided an opportunity to completely express their views on items of business, the Chairperson should: a. See that members ask to be recognized by the Chairperson before speaking. b. Ensure that each member is given the opportunity to fully express his/her views. 3. The Chairperson shall designate the chair of all sub-committees, standing and special. 4. It is the Chairperson’s responsibility to ensure compliance with the Bylaws. The City Attorney or his/her designee will address specific questions regarding conflict of interest. B. Duties of the Vice-Chair 1. In the absence of the Chairperson, the Vice-Chair shall perform the duties of the Chairperson.
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234 Exhibit A C. Duties of the Members 1. Arrive on time for all BPAC meetings. 2. Review all meeting materials in preparation for the BPAC meetings.
Article VI: BPAC Operations
A. The BPAC is an advisory committee and shall have no authority other than as stipulated by the Bylaws and approved by the City Council. B. All meetings and members will adhere to the requirements of the Ralph M. Brown Act.
C. All BPAC decisions must be made at a properly noticed meeting.
D. No business may be transacted by the BPAC unless a quorum of the membership is present (majority of those currently appointed). E. Members shall be notified by email and/or by public posting 72 hours in advance of a meeting. All meetings are open to the public. F. Regular Meetings 1. The BPAC shall hold meetings as necessary to complete its business. Meetings shall be held on a weeknight at the Emergency Operations Center (or at the adjacent Ted Adcock Community Center), or any other place designated by the City Council as the regular meeting place, no earlier than 6:00 p.m. 2. A meeting shall be cancelled for a lack of a quorum. 3. All BPAC meeting notices and agendas are to be provided to the City Clerk. G. Voting 1. A motion, second, and a majority vote of the BPAC shall be required for any formal action of the BPAC. 2. Any vote of abstention must clearly indicate for the record the basis for the abstention including any conflict of interest.
H. The Chairperson, with the approval of a majority of the BPAC, may change the order of items on an agenda. I. Public Participation 1. Members of the public are encouraged and invited to participate in the meeting process by submitting written comments before the meeting or speaking in person at a meeting. 2. Individuals who wish to speak should submit a speaker card to the recording secretary at the appropriate time. 3. Time Limits for public comment: a. Individual Speakers - three minutes is customary; the Chairperson may waive the limit providing it is for all speakers on an agenda item. b. The Chair may, at his/her discretion, limit the amount of time allotted to the speaker(s) when needed. 4. Members of the public are invited to speak at the podium to ensure all attendees
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235 Exhibit A can hear and so the comments can be captured on the recording. 5. Members of the public are expected to respect other members of the public as well as the BPAC and staff during public meetings by acknowledging and adhering to the rules for public comments and participation. Members of the public may not approach the dais during the meeting at any time for any reason. Disruption of a meeting may be cause for removal by a member of the Sheriff’s Department. 6. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the BPAC meeting. J. Action Minutes 1. The BPAC shall use Action Minutes (action minutes record the action taken by the BPAC and contain very little, if any, narrative content) to record their proceedings. 2. Motions and votes are shown in the record. 3. Media recordings may be used in order to provide a verbatim record of meetings. K. Conflict of Interest 1. The Political Reform Act, implemented, regulated, and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest. 2. Recognizing that not all conflicts of interest are financial, and that non-financial interests can also create a disqualifying conflict of interest under the common law, members should immediately consult with the City Attorney at the earliest opportunity for advice on whether a non-financial interest may constitute a disqualifying conflict of interest. 3. With full consideration of the City Attorney’s advice, it is up to each individual member to decide for him/herself whether there is a conflict of interest. 4. A member shall not vote upon any matter on which he/she has a conflict of interest. 5. A member shall openly state the reason for his/her conflict of interest. 6. A member who is disqualified by a conflict of interest shall recuse him/herself, explain the basis for the recusal as required by law, step away from the dais, and leave the room during the discussion and deliberation of the item. L. Committee Member Conduct 1. Members shall: a. Put constituents foremost at all times. b. Treat each other, staff, and members of the public with dignity, courtesy, and respect. c. Encourage and/or ensure that the public treats the BPAC, staff, and members of the public with dignity, courtesy, and respect. d. Be attentive to others, limiting interruptions and distractions. e. Encourage diverse viewpoints in deliberations while being mindful not to prolong discourse or block consensus. f. Agree to respectfully disagree. g. Keep comments clear, concise, and on topic. h. Start and end meetings on time, work from the agenda.
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236 Exhibit A i. Present problems in a way that promotes discussion and resolution. 2. Reimbursements a. Members shall not receive reimbursements for any expenses incurred unless such expenses were incurred with the prior written approval of the City Manager. 3. Members are subject to all provisions of City Policies. M. BPAC - Staff Relations 1. Individual members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the member’s colleagues. Requests that will require significant staff time may be referred to the full BPAC and only pursued if supported by motion of a majority of the BPAC and approval by the City Council. The City Manager should be kept aware of all requests. 2. Committee members should direct any questions on staff reports to the City Manager or designee. 3. Clarifications or technical questions will be answered before the meeting whenever possible.
N. Agenda Item Submission 1. The City Council or City Manager may place matters on the BPAC agenda based on the direction and priorities of the City Council. 2. Member: a. During a noticed public meeting, a member may request an item be considered on a future agenda and if seconded and approved by motion, staff will prepare a staff report. b. A member may submit a written request to place an item on an agenda. The Committee will place the request on the agenda of the next regular meeting for consideration by the Committee as to whether the item is to be agendized. 3. Members of the Public a. A member of the public may request BPAC action in the following ways: (i) Write a letter to the Committee, or (ii) Speak during the Public Comment period at a Committee meeting. b. Upon agreement of a majority of the Committee, the Committee will determine whether to place on a future agenda an item requested by the public. 4. Capacity a. Proposed agenda items that require significant staff time or budget expenditures require City Council approval before being agendized. Staff will report to the BPAC when a proposed agenda item will require City Council approval before being agendized.
Article VII: Staff Assistance
City of Half Moon Bay staff shall act as a liaison between the BPAC and City Council and will be responsible for setting each meeting agenda.
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237 Exhibit A Article VIII: City Council Review of BPAC
The City Council may review the activities of the BPAC, based on a formal review by the City Manager, to determine if the BPAC should continue its activities.
Article IX: Bylaws and Effective Date
A. Any recommended changes to the Bylaws by the BPAC will be reviewed by the City Council and, if approved by the City Council, will be filed with the City Clerk's office. B. These Bylaws, and any amendments hereto, shall become effective immediately upon adoption by the City Council. C. These amended Bylaws have been approved by City Council dated this 15th day of June 2021.
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