2011/11/12 City Council Agenda Packet
City Clerk's Archive
City Hall
COURTESY AGENDA
11/22/11
Connie Bolmeier
Rohnert Park-Cotati Regional Library
6250 Lynne Conde Way
Rohnert Park, CA 94928
Donna Abeln
dabeln@rpcitv.or~
Phyllis Transue
Cultural Arts Commission
50 Francis Circle
Rohnert Park, CA 94928
Susan Wandling
7350 Rasmussen Way
Rohnert Park, CA 94928
NOTE:
Place marker on agenda for each
individual recipient.
Shayna Dorsett
c/o Michael Dorsett
135 Verde Circle
Rohnert Park, CA 94928
ChuniAnello
Cultural Arts Commission
459 Enterprise Drive
Rohnert Park, CA 94928
Industrial Carting
P.O. Box 2638
Rohnert Park, CA 94927
Cordel Stillman
Deputy Chief Engineer, Sonoma
County Water Agency
Cordel.Still man@scwa.ca.~ov
Robin Miller
Cultural Arts Commission
1206 Capri Way
Rohnert Park, CA 94928
Rohnert Park Disposal
Ratto Group of Companies
P.O. Box 1916
Santa Rosa, CA 95402
®ffite of the 01apor of the Citp of Robnert Park, California
Pro C lam at 10 it
at Pntt
6a
Cni�roa
Recognizing November 21 -27, 2011 as
INTERNATIONAL GIRL EFFECT WEEK IN ROHNERT PARK
the purpose of the Girl Effect concept is to aid impoverished girls in our
communities and around the world through various forms of empowerment; and
WHEREAS, the Nike Foundation, creators of the Girl Effect concept, created this inspiring
movement which promotes the importance of working alongside underprivileged girls because,
equipped with proper resources, girls have the power to help families and communities escape
poverty; and
WHEREAS, primary goals are to improve basic education, prevent the spread of HIV, increase
access to clean water and sanitation, expand economic opportunity, and help people rebuild
their lives; and
WHEREAS, International Girl Effect Week, created in 2010 in the USA, is a worldwide effort
supported by more than 10 countries, including Australia, Canada, and England; and
WHEREAS, International Girl Effect Week encourages participants to grasp their opportunities
by setting effective life goals, resulting in bettering their communities and the world; and
WHEREAS, International Girl Effect Week is a great way to spread the word, volunteer
or donate to a worthy cause for girls; and
WHEREAS, together we can make a difference by creating positive changes one girl
at a time.
NOW, THEREFORE, BE IT PROCLAIMED that I, Gina Belforte, as Mayor and on behalf of the
City Council of the City of Rohnert Park, do hereby proclaim
November 21 -27, 2011 as
International Girl Effect Week
And urge our citizens to observe this day with activities and acts of kindness that demonstrate
selfless giving.
by:
Proclaimed this 22nd day of November, 2011
Belforte, Mayor
v
11/22/11 City Council Agenda
ITEM NO.4
emu of tbe ;fflapor of tbe QCitp of i\.olJUert ~ark, QCalifornia
~rotlamatton
Recognizing November 21-27, 2011 as
INTERNATIONAL GIRL EFFECT WEEK IN ROHNERT PARK
WHEREAS, the purpose of the Girl Effect concept is to aid impoverished girls in our
communities and around the world through various forms of empowerment; and
WHEREAS, the Nike Foundation, creators of the Girl Effect concept, created this inspiring
movement which promotes the importance of working alongside underprivileged girls because,
equipped with proper resources, girls have the power to help families and communities escape
poverty; and
WHEREAS, primary goals are to improve basic education, prevent the spread of HIV, increase
access to clean water and sanitation, expand economic opportunity, and help people rebuild
their lives; and
WHEREAS, International Girl Effect Week, created in 2010 in the USA, is a worldwide effort
supported by more than 10 countries, including Australia, Canada, and England; and
WHEREAS, International Girl Effect Week encourages participants to grasp their opportunities
by setting effective life goals, resulting in bettering their communities and the world; and
WHEREAS, International Girl Effect Week is a great way to spread the word, volunteer
or donate to a worthy cause for girls; and
WHEREAS, together we can make a difference by creating positive changes - one girl
at a time.
NOW, THEREFORE, BE IT PROCLAIMED that I, Gina Belforte, as Mayor and on behalf of the
City Council of the City of Rohnert Park, do hereby proclaim
November 21-27,2011 as
International Girl Effect Week
And urge our citizens to observe this day with activities and acts of kindness that demonstrate
selfless giving.
Proclaimed this 22!'d day of November, 2011
by:
Gina Belforte, Mayor
11/22/11 City Council Agenda
ITEM NO. 4.B
Sonoma County CCA Feasibility
Study Summary
Cordel Stillman
Deputy Chief Engineer
WW\N. sonomacountywatecorg
What is Community Choice Aggregation?
. AB 117 in 2002
. Counties/Cities Form Block to Purchase
Electricity Generation on Open Market
. Transmission, Distribution, and Billing
Remain with Investor Owned Utility
(PGtiE)
. Generation Rates and Power Supply
Determined Locally
. This is an opt-out program, all are
included unless they specifically take
action to remain with the local utility
1
Public Power
Oh no, not more government!!
· 39 Public Power Providers in CA
· 25% 7' Receive Municipal Utilities Power
· Average Municipal Rates 7' 20% Lower
Feasibility Study
. DMC was retained by SCWA to conduct a feasibility study for
the formation of a CCA program in Sonoma County.
. The study examines the impacts on ratepayers, the
environment and the local economy from providing a public
alternative to PGtiE for the supply of electric generation
services within the County.
. Several potential scenarios were examined to understand
impacts using a range of potential energy sources and forecast
assumptions.
. Objective of the study is to provide a conservative assessment
that can be used to determine if further analysis is warranted.
11/21/2011
2
Steering Committee
. Veronica Ferguson - County Administrator
· Kathy Millison- City Manager, Santa Rosa
· Grant Davis- General Manager, SCWA
. Suzanne Smith- Executive Director, RCPA/SCTA
. Rod Dole- former ACTTC
· Donna Dunk- ACTTC
· Bill Keene- Executive Director, Open Space District
. Ann Hancock- Executive Director, Climate Protection Campaign
. Dick Dowd - Private Developer
. Jose Obregon- Sonoma County General Services
· Suzanne Doyle - Sierra Club
· County, City, and non-profit staff
Sonoma County Electric Customers and Consumption
Service Accounts
Electric Consumption
2008 PGtiE data show 218,000 electric service accounts and annual
consumption of 2,778 million kilowatt-hours of electricity.
11{21{2011
3
Projected Customer Base (2013)
Customers and Sales are adjusted for removal of direct
access customers and assumed 20% opt-out rate.
Resource Planning Supply Scenarios
. Four representative supply scenarios were developed for analysis with
input from the project Steering Committee.
- Status Quo renewable energy content ("Scenario 1 ")
- Moderate renewable energy content ("Scenario 2")
- High renewable energy content with local emphasis ("Scenario 3")
- Very high renewable energy content with local emphasis and.
accelerated timelines ("Scenario 4")
. These scenarios were selected to define a range of potential outcomes
representing different supply choices that could be made during
program development and operations.
. Specific goals for a Sonoma County program have not been determined
yet.
11/21/2011
4
11/21/2011
Scenario 1
Status Quo, 33% RenewabLe by 2020, 50 MW LocaL
tllom... Gen.
..% Wind I'l'A
5%
Scenario 2
51% Renewable by 2020, 75 MW locally
Unbundled REC.
2%
5
11/21/2011
Scenario 3
75% Renewable by 2020, 335 MW locally
5y.tem M.,ket_
Purehase,
4%
Solar PV PPA, Mid
1% "\
\
AeneIVilble Mdrket \\
Pu((ha~
2%
IJfloon<lled REe,
1%
Scenario 4
85% Renewable by 2020, 262 MW locally
SOIdr Ihermal
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f'u.rdJa.~s
Il(,
6
Greenhouse Gas Emissions
. The CCA program could reduce GHG emissions by increasing
the use of renewable energy resources.
· Production from renewable resources would displace
production from fossil-fueled generation.
· PGtiE is required to supply at least 33% of its electricity from
renewable resources by 2020.
. A CCA supply portfolio comprising more than 33% renewable
energy (Scenarios 2-4) will result in reduced GHG emissions.
GHG Emissions
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CCA Su~nari() 2.
CCA Scen,uio 3
~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~
11/21/2011
7
Economic Development
· Local economic development impacts accrue from job creation and
spending for:
- Labor
> Installation 8: construction (short-term)
> Operation 8: maintenance (long-term)
> Jobs induced by generator operation
- Land lease or purchase
- Taxes 8: permitting fees
- Construction materials for new renewable infrastructure
· The US Department of Energy National Renewable Energy Laboratory
(NREL) has developed the Jobs 8: Economic Development Impact (JEDI)
models
- Estimates economic impacts of constructing and operating
different types of electric generators
- Results are focused on statewide impacts
- Output must be adjusted to reflect local benefits
- Best available model but results are inherently difficult to measure
Economic Development Benefits
Jobs
(FTE) Operation 15 to 100 20 to 100 100 to 400
Construction $15M to $20M to $90M to SlOM to
$50M $lOOM $200M $200M
Output Operation $4M to $lOM to $20M to $30M to
S20M $lOM $50M $80M
Notes:
1. Two-year construction period.
2. Operation period commences at commercial operation date
and continues for duration of project life.
3. jobs and output impacts include direct and indirect effects.
11/21/2011
8
Customer Rate Impacts
· CCA rates were estimated on an annual basis over the twenty-
year study period and compared to projected PGaE rates.
· CCA rates recover all program related costs
- Power purchases
- Generation investment
- Other operating costs (e.g., staff and overhead)
- Scheduling and grid operations
- Billing and data management
- Financing
- Reserves
· CCA customers would also pay PGaE for delivery (TaD) and
other surcharges.
· PGaE generation rates are estimated to increase by an average
of 4% annually from 2011 to 2032
Average Rate Projections
CCAScenario 1 CCA Scenario 2: CCA5cenarJo3 CCA$cenariCt4
PG&ETotaJ CCArotal P.er<:ent CCA Total Percent CCA Total Percent eCA Total Per<:ent
Year {l!\/k\'o'O\ ~WIol Djfferenca I!l/I<WlIl Difference I!l/I<WlIl 1)jfference l!Vl<WIol Difference
Le\lelized 21.. 12.3 3% 22.4 .% 23.3 8% 22.5 4%
2013 17.2 18.1 5% 18.3 7% 18.7 9% la.l 5%
2014 17.8 18.a 5% 19.1 7% 19.4 9% la.6 4%
2015 ls.o 18.9 5% 19.2 6" 19.a 10% 18.6 3%
2016 18.1i 19.3 4% 19.9 7% 20.4 10% 18.9 2"
2011 19.0 19.7 3% 20.2 6" 21.7 14% 19,8 .%
20.18 19.4 19.9 2" 20.3 S% 21.9 13% 20.5 6"
2019 20.0 10.5 2% 20.9 4~r. 2U 11% 21.0 5"
2020 20.5 ZO.9 2% 21.3 4% 22.6 11% 21.9 7%
2021 21.2 21.7 3% 22.0 4% 23.2 1"" 22.5 .%
2022 21.9 22.S 3% 22.5 3% 23.a 9% 23.1 .%
2023 n6 23.3 3>\ 23.4 3% 24,4 a% 23.8 5%
2024 23.3 24.1 4% 24.1 4% 25.1 ,% 24.S 5%
202$ 14.1 24.9 4% 24.9 3% 25.7 7% 25.1 4%
2026 ".9 25.' 2% 25.1 1% 26.5 6% 25.9 4%
2027 25.8 26.4 2% 25.9 1% 26.9 5% 26.6 3"
202a 26.7 27.3 2% 26.'8 O~~ 27.6 4% 27.4 3%
202:9 27.0 28.2 2% 21.6 0% 28.4 3% 28.2 2%
.1030 18.5 29.2 2% 28.5 0% 29.1 2% 2~.O 1%
2031 "2.9.4 30,0 2% 29.3 0% 29.8 1% 29.6 1%
20n 30.3 30.8 '1% 30.1 .1% 30.5 1% 3D,] 0%
11/21/2011
9
Bill Comparisons - Residential
2015 Residendalllalle compllison
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1010 R~1laIle comparisOn
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Bill Comparisons - Commercial
2015 Commerdel Rate~
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10lO Com.....a.l Rate Comparison
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a PGSE . ((A tc':\ <<A 1: . (j(A :) m CC4. ~
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2030 Com.....a.l Rate Comparison
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11/21/2011
10
Sensitivity Analysis
.. Sensitivity analyses were performed by varying key input
variables from base case assumptions and re-calculating rates
for the CCA and PGaE.
.. Tested variables include:
. Natural gas and system (non-renewable) power prices
- Renewable energy power purchase costs and
investment costs
- PGaE rate trends
- Customer opt.out rates
. Shared services/partnership with MEA
. Sensitivity results are generally within 10% of baseline
estimates.
Sensitivity Ranges (Levelized Rates)
26.0 _____~_____..______~__~___.__.w___"._._.__.,__~__~_____..____.______________.__.____
25.0 ----~,._.~._--,---------y-~_._._--------------
24.0
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~
~ :z:.w
.....
i
.. 11.0
..,
10.0 ~.__._-----,-- ....----- ._._._~_._-_._.- ._-----------_._-~-,,--_..._.- -.-.-- .'. _', ___ ~ __.M...~..___.___.._____.___~_.._
19.0 __n.___ .."--.. m.. . ___._______._._....________.______......._________.___m~________.~____._____..~._.._.___..._._
1&0 ..__._..__._-~._...- ... --- -------._--_._------------_._-~._----- ___....._..__._____ _.__.____._____._._._m
CCA'5c~o 1. CCAScen'lrio 2 co. Scenario J Co. Scenario 4 ?G&E Bunded
11/21/2011
11
Conclusions
· A CCA program could achieve significant reductions in GHG
emissions for Sonoma County.
· Development of renewable generation within the County by the
CCA program would have positive economic development impacts
and result in local job creation; however there are challenges to
local development that may impede achievement of such benefits.
· CCA program rates are likely to be somewhat higher than with
PGaE in the near to mid term but should be more stable and less
sensitive to rising fossil fuel prices over time.
· Working with the Marin Energy Authority could reduce initial
startup costs and ongoing operations costs, but the terms of such a
relationship are not known, and there would likely be trade-offs in
regards to autonomy and achievement of local priorities.
Next Steps
--
-Present Feasibility Study Results to
City Councils (get feedback)
-Perform a poll of County residents
-Set Goals for Sonoma Clean Power
-Investigate partnerships with Marin
Energy Authority
-Determine costs of Implementation
-Report back to Board within 6 months
11/21/2011
12
11/22/11 City Council Agenda
ITEM NO. 5.A
Holiday Arts
& Crafts Faire
Join us for a
fun -filled day
of shopping,
entertainment
and good food
with friends
and family.
11/22/11 City Council Agenda
ITEM NO. 5.A
1
32nd Annual Holiday Arts &, Crafts Faire
Historically a successful event that
has grown into a two-day extravaganza.
· Revenue has doubled in the past three years
· More vendors than ever
· 3,000 visitors for two-day event
11/21/2011
2
11/21/2011
3
Join us for:
* One.... of.... a.... kind Holiday Gifts
* Handmade Pottery
* Stained Glass
* Soaps, Balms & Lotions
* Unique Jewelry
11/21/2011
4
11/21/2011
5
32nd Annual Holiday Arts & Crafts Faire
New this year:
.:. ATM Machine
.:. Wine Bar
.:. Outdoor Vendors
.:. Projected revenue to exceed $10,0001
11 /21 /2011
6
11/22/11 City Council Agenda
ITEM NO. 5.B
CITY OF ROHNERT
PARK
. FISCAL YEAR 2011 REVIEW
~ovennber22,2011
GENERAL FUND BUDGET
REVENUES
EXPENDITURES
27.2
2010 Budget 2011 Budget
2010 Budget 2011 Budget
Projected Budget Deficit - $2.9M
(after transfer from other funds)
2
1
PROPERTY TAX
PROPERTY TAX DECREASED
ABOUT 6% FROM PRIOR YEAR
2,735,000 2,679,110 2,845,643
1,600,000
1,450,000
1,300,000
1,150,000
1,000,000
FY2011 FY 2011 FY 2010
BUDGET ACTUAL ACTUAL
SALES TAX
9,000,000 $8,237,144
8,000,000 $7,484,790
7,000,000 E
6,000,000 MEASURE E
5,000,000
4,000,000
3,000,000
2,000,000
FY 2011 FY 2011 FY 2010
BUDGET ACTUAL ACTUAL
2
TRANSIENT OCCUPANCY TAX
TOT INCREASED ABOUT
10% FROM PRIOR YEAR
1,600,000 1,747,659 1,574,857
1,000,000
800,000
600,000
400,000
200,000
0
FY 2011 FY 2011 FY 2010
BUDGET ACTUAL ACTUAL
MOTOR VEHICLE IN-LIEU
2,842,000 2,908,809 2,947,584
1,500,000
1,000,000
500,000
0
FY 2011 FY 2011 FY 2010
BUDGET ACTUAL ACTUAL
RECEIVED $90K FROM STATE FOR PRIOR
YEAR MVLF BEING HELD
3
RECREATION
OPERATING INCOME/(LOSS)
EXPENSE
($451.413)
($279.611)
($152.199)*
BUDGETED
INCOME/(LOSS)
NOTE: SENIOR CENTER EXPENSE ADJUSTED FOR FACILITY
IMPROVEMENTS PAID BY DONATIONS ($23K)
RECREATION
OPERATING INCOME/(LOSS)
EXPENSE
($305.417)
($171.539)
($61.104)
BUDGETED ($237.181)
INCOME/(LOSS)
4
PERFORMING ARTS CENTER
OPERATING INCOME/(LOSS)
24,000,000
22,000,000
20,000,000
18,000,000
16,000,000
14,000,000
12,000,000
10,0~0,000
NOTE: PERFORMING ARTS CENTER EXPENSE ADJUSTED FOR
STAGE EQUIPMENT PAID BY DONATIONS ($19K)
TOTAL REVENUES
20,973,400
21,779,927
Ill! BUDGET
III ACTUAL
FISCAL YEAR 2011
TOTAL REVENUES. $806,527
HIGHER THAN BUDGET
5
29,500,000
28,500,000
27,500,000
26,500,000
25,500,000
24,500,000
23,500,000
22,500,000
21,500,000
TOTAL EXPENDITURES
28,574,303
II BUDGET
III ACTUAL
FISCAL YEAR 2011
TOT AL EXPENDITURES -
$1,556,417 UNDER BUDGET
EXPENDITURES BY CATEGORY
16,000,000
14,000,000
12,000,000
10,000,000
8,000,000
6,000,000
4,000,000
2,000,000
II!I!BUDGET
III ACTUAL
GENERAL
GOVERNMENT
PUBLIC PUBLIC WORKS
SAFETY
6
EXPENDITURE SAVINGS
~ SALARY AND BENEFITS UNDER BUDGET
POSITIONS VACANT, FILLED LATER IN
YEAR,OR FILLED WITH TEMPORARY STAFF
PART-TIME STAFF UNDER BUDGET
~ PUBLIC SAFETY UNDER BUDGET IN TRAINING,
SUPPLIES, ARMORY AND GASOLINE
~ POSTPONED FACILITY MAINTENANCE AND
PURCHASE OF EQUIPMENT
STAFFING LEVEL
200
160
ACTUAL
AUTHORIZED
190
180
170
153. 5
150
144
140
2006
2007 2008
2009
2010
2011
14
7
PROJECTED DEFICIT
BUDGET FY 2011
REVENUES
TRANSFERS FROM OTHER FUNDS
TOTAL SOURCES OF CASH
EXPENDITURES
CDC/UTILITY REIMBURSEMENTS
~TOTAL USES OF CASH
'__~_._____________m_._._.._"_" .
2011 BUDGETED DEFICIT
-~~------"-~-_._--- . .
$20,973,400
$ 1.040.102
$22,013,502
$28,574,303
($ 3.669.000)
$24.905.303
($2.891 80n
ACTUAL DEFICIT
AT JUNE 30, 2011
REVENUES
TRANSFERS FROM OTHER FUNDS
TOTAL SOURCES OF CASH
EXPENDITURES
CDC/UTlLlTY REIMBURSEMENTS
_._.~.__._._-
TOTAL USES OF CASH
2011 ACTUAL DEFICIT
$21,779,927
$ 1.138.750
$22,918,677
$27,020,056
($ 3.656.065)
$23.363.991
($ 445.314)
8
FY 2011 PERFORMANCE
EMPHASIS ON OPTIMIZING RESOURCES
AT LOWEST COST TO DELIVER QUALITY
SERVICE
PROJECTED DEFICIT:
ESTIMATED DEFICIT:
$2.9M
$O.4M
RESULT:
$2.5M SAVINGS
CASH BALANCE
10
8
6
4
2
0
2006 2007 2008
2009
2010
2011
9
CITY OF ROHNERT PARK
JUNE 30, 2011
REVENUE REPORT
$FAV(UNFAV)
2010-11 613012011 %OF 100% OF 100% OF
REVENUES BUDGET BALANCE BUDGET BUDGET BUDGET COMMENTS
Property Taxes
Property Taxes-Secured $2,537,000 $2,489,903 98.14% $2,537,000 ($47,097)
Property Taxes-Unsecured 155,000 147,097 94.90% 155,000 (7,903)
H.O.P.T.R. 43,000 42,110 97.93% 43,000 (890)
Total Property Taxes $2,735,000 $2,679,110 97.96% $2,735,000 ($55,890)
Other Taxes
Real Property Transfer Tax $84,000 $69,234 82.42% $84,000 ($14,766)
Transient Occupancy Tax 1,600,000 1,747,659 109.23% 1,600,000 147,659
Sales and Use Tax 7,484,790 8,237,144 110.05% 7,484,790 752,354
Franchises
P.G. & E. 340,000 362,400 106.59% 340,000 22,400
Cable TV 475,000 492,741 103.73% 475,000 17,741
Refuse Franchise Fee 600,000 588,627 98.10% 600,000 (11,373)
Total Other Taxes $10,583,790 $11,497,805 108.64% $10,583,790 $914,015
Licenses and Permits
Business Licenses $486,000 $470,093 96.73% 486,000 ($15,907)
Animal Licenses 60,000 67,515 112.53% $60,000 7,515
Building Permits 140,415 191,577 136.44% 140,415 51,162
Plan Check Fees 103,000 97,837 94.99% 103,000 (5,163)
Total License & Permits $789,415 $827,022 104.76% $789,415 $37,607
Fines, Forfeits & Penalties
Vehicle Code Fines $100,000 $72,476 72.48% $100,000 ($27,524)
Parking Fines 50,000 53,066 106.13% 50,000 3,066
Impound Fees 20,000 17,176 85.88% 20,000 (2,824)
Other Court Fines 20,000 4,222 21.11 % 20,000 (15,778)
Total Fines, Forfeits & Pen. $190,000 $146,940 77.34% $190,000 ($43,060)
CITY OF ROHNERT PARK
JUNE 30, 2011
REVENUE REPORT
$FAV(UNFAV)
2010 -11 6/30/2011 % OF 100% OF 100% OF
REVENUES BUDGET BALANCE BUDGET BUDGET BUDGET COMMENTS
Revenue Fr Use Of Money & Prop.
Investment Earnings
$500,000
$320,641
64.13%
$500,000
($179,359) Investments called, interest rates continued to decline, less idle cash to invest
Rent -Golf Courses
150,000
175,000
116.67%
150,000
25,000
Rent -Office Space OADS
22,800
27,450
120.39%
22,800
4,650
Rent - Billboard Land Lease
10,000
9,580
95.80%
10,000
(420)
Rent -Land North of Big 4/YMCA,etc.
4,295
4,351
101.30%
4,295
56
Lease -Main Station Cell Towers
200,000
191,088
95.54%
200,000
(8,912)
CDC Land Lease(3 Buildings)
241,000
241,000
100.00%
241,000
0
Rent -Royal Coach Chevron
9,600
9,691
100.95%
9,600
91
Rent - Alernative Educ. School
3,300
3,324
100.73%
3,300
24
Total Rev Use of Money & Prop.
$1,140,995
$982,125
86.08%
$1,140,995
($158,870)
Revenue from Other Agencies
State Motor Vehicle In Lieu
$114,000
$198,124
173.79%
$114,000
$84,124
Property Tax in -leiu of VLF
2,728,000
2,710,685
99.37%
2,728,000
(17,315)
Public Safety Aug Fund
185,000
190,779
103.12%
185,000
5,779
Grants - General Fund
159,000
229,130
144.11 %
159,000
70,130 Public Works grants not budgeted
Misc. Other Revenues
0
16,843
n/a
0
16,843 State mandated reimbursements, not budgeted
P.O.S.T. Reimbursements
40,000
48,127
120.32%
40,000
8,127
Total Rev Other Agencies
$3,226,000
$3,393,688
105.20%
$3,226,000
$167,688
Charges for Current Services
While over - the - counter revenue was less than budget, the expenditure reduction was more than the
Zoning & Subdivision Fees
$160,000
$107,189
66.99%
$160,000
($52,811) reduced revenue by $156k
General Plan Maintenance Fee
20,000
12,405
62.03%
20,000
(7,595)
Sale of Maps and Lists
1,200
1,253
104.42%
1,200
53
Spec. Public Safety Svcs.
55,000
51,657
93.92%
55,000
(3,343)
Fire Inspection Fee
195,000
212,010
108.72%
195,000
17,010
Vehicle Abatement Revenue
20,000
20,132
100.66%
20,000
132
Animal Shelter Fees
70,000
66,648
95.21%
70,000
(3,352)
Alcohol Education Fee Revenue
25,000
28,050
112.20 %
25,000
3,050
While over - the - counter revenue was less than budget, the expenditure reduction was more than the
Engineering
200,000
123,330
61.67%
200,000
(76,670) reduced revenue by $156k
Sub -Total Chgs. For Curr Svc.
$746,200
$622,674
83.45%
$746,200
($123,526)
CITY OF ROHNERT PARK
JUNE 30, 2011
REVENUE REPORT
$FAV(UNFAV)
2010-11 613012011 %OF 100% OF 100% OF
REVENUES BUDGET BALANCE BUDGET BUDGET BUDGET COMMENTS
Recreation Related Income
Sports Center $517,900 $551,794 106.54% 517,900 $33,894
Swimming Pools 144,300 160,719 111.38% 144,300 16,419
Community Events 32,000 34,601 108.13% 32,000 2,601
R.P. Community Cntr Rentals 273,000 217,343 79.61 % 273,000 (55,657) Facility rentals below budget
Burton Ave Cntr Rentals 20,000 27,128 135.64% 20,000 7,128
Ladybug Rec Building 7,000 8,940 127.71% 7,000 1,940
Recreation Admin/Programs 80,500 86,257 107.15% 80,500 5,757
Senior Center 66,500 79,273 119.21% 66,500 12,773
Scout Hut 800 30 3.75% 800 (770)
Total Recreation Income $1,142,000 $1,166,085 102.11% $1,142,000 $24,085
Performing Arts Center 324,000 $315,010 97.23% $324,000 ($8,990) Sign rental under budget
Library Landscape Maint. 9,000 8,370 93.00% 9,000 (630)
Total Charges Current Svcs. $2,221,200 $2,112,139 95.09% $2,221,200 ($109,061 )
Misc IncomelDonations $87,000 $141,098 162.18% $87,000 $54,098 Auction proceeds and insurance recoveries
Sale of LandlBuildings $0 0 0.00% $0 $0
TOTAL GF REVENUES $20,973,400 $21,779,927 103.85% $20,973,400 $806,527
CITY OF ROHNERT PARK
JUNE 30, 2011
EXPENDITURE REPORT
$FAV(UNFAV)
CATEGOR~DEPARTMENT 2010-11 6/30/2011 %OF 100% OF 100% OF
BUDGET BALANCE BUDGET BUDGET BUDGET COMMENTS
GENERAL GOVERNMENT
City Council $90,818 $ 73,915 81.39% $90,818 $16,903
City Manager 770,162 748,056 97.13% 770,162 22,106
Finance & Accounting 1,147,900 1,116,525 97.27% 1,147,900 31,375
Data Processing 533,804 510,659 95.66% 533,804 23,145
Legal Services 425,000 416,808 98.07% 425,000 8,192
Development Services 1,154,429 906,860 78.55% 1,154,429 247,569 Managing workload for projects, plan checking and building inspections in-house
Human Resource 420,500 442,047 105.12% 420,500 (21,547) Labor negotiations $40K over;consultants $30K under; recruitment $13K over
Rent Appeals Board 150,912 130,252 86.31% 150,912 20,660 Legal fees under budget
City Office Building 506,996 525,816 103.71% 506,996 (18,820) PG&E expense over budget
City Office Annex . 23,580 26,285 111.47% 23,580 (2,705) Facility maintenance over budget
General Gov't-Non Dept. 1,698,674 1,520,551 89.51% 1,698,674 178,123 Contractual, audit fees and community promotion under budget; insurance refund
Retired Empl. Benefits 1,518,128 1,581,567 104.18% 1,518,128 (63,439) Health premiums and dental claims over budget
Non-Department Leases 258,290 224,587 86.95% 258,290 33,703
TOTAL GENERAL GOVT $8,699,193 $8,223,928 94.54% $8,699,193 $475,265
PUBLIC SAFETY
Public Safety Personnel $13,067,346 $ 12,730,924 97.43% $13,067,346 $336,422 Vacancies, retirements and restructuring of pOSitions
Police Protection 1,255,100 947,481 75.49% 1,255,100 307,619 Savings in training, supplies, armory, gas and communications equipment
Fire Protection 198,700 160,396 80.72% 198,700 38,304
Fire Prevention 224,810 217,818 96.89% 224,810 6,992
Animal Control 455,504 357,592 78.50% 455,504 97,912 Savings in staffing
Animal Shelter 44,940 44,628 99.31% 44,940 312
Public Safety Bldg-Main 216,100 200,584 92.82% 216,100 15,516 Savings in PG&E
Public Safety Bldg-North 23,000 20,597 89.55% 23,000 2,403
Public Safety Bldg-South 10,500 5,439 51.80% 10,500 5,061
Civil Defense/Haz Mat 4,000 0.00% 4,000 4,000
TOTAL PUBLIC SAFETY $15,500,000 $14,685,459 94.74% $15,500,000 $814,541
PUBLIC WORKS
General $ 332,421 $ 446,770 134.40% $ 332,421 $ (114,349) PIT labor over budget; Contract Services $38K reimbursed by grants
Maintenance of Streets 494,735 440,623 89.06% 494,735 54,112 PIT labor and contractual expense under budget
Street Lighting 192,715 202,454 105.05% 192,715 (9,739) Miscellaneous repairs
Traffic Signals 98,633 89,254 90.49% 98,633 9,379
Storm Drains & Drainage 124,187 79,370 63.91% 124,187 44,817
School Grounds 5,000 717 14.34% 5,000 4,283
Park Maintenance 502,832 379,689 75.51% 502,832 123,143 Facility/equipment maintenance under budget;eqpt not purchased yet
Park Landscape 476,263 351,675 73.84% 476,263 124,588 Staffing under budget
TOTAL PUBLIC WORKS $2,226,786 $1,990,552 89.39% $2;226,786 $ 236,234
CITY OF ROHNERT PARK
JUNE 30, 2011
EXPENDITURE REPORT
$FAV(UNFAV)
CATEGORY /DEPARTMENT
2010 -11
6/30/2011
% OF
100% OF
100% OF
BUDGET
BALANCE
BUDGET
BUDGET
BUDGET COMMENTS
PARKS AND RECREATION
Recreation Commission
$ 27,000
$ 20,362
75.41%
$ 27,000
$ 6,638
Community Events
44,000
61,104
138.87%
44,000
(17,104) Farmers Market contract expenses higher. Some offset by donations and revenue
Recreation Administration
112,308
137,466
122.40%
112,308
(25,158) P/T labor over budget due to staff changes from FT (4101) to PT
Recreation Programs
44,950
34,073
75.80%
44,950
10,877 Ceramics studio costs under budget
Senior Citizen Center
121;093
175,385
144.83%
121,093
(54,292) Facility maint. and PG &E expense over budget; improvements not budgeted
Benecia Pool
151,715
73,490
48.44%
151,715
78,225 New roof postponed to next year ($50K)
Honeybee Pool
212,159
213,063
100.43%
212,159
(904)
Magnolia Pool
17,607
18,864
107.14%
17,607
(1,257)
Sports Center
509,152
451,413
88.66%
509,152
57,739 Labor under budget; treadmills not purchased.
Comm. Center Complex Gr.
1,500
7,747
516.47%
1,500
(6,247) OADS services not budgeted?
R.P. Community Center
299,149
279,611
93.47%
299,149
19,538 PG &E expense and PfT staff under budget
Burton Avenue Rec. Center
39,587
42,490
107.33%
39,587
(2,903)
Benecia Youth Center
1,500
2,866
191.07%
1,500
(1,366)
Ladybug Recreation Bldg.
11,851
4,998
42.17%
11,851
6,853 Portable stage not purchased
Scout Hut
500
33
6.60%
500
467
Golf Course
2,740
2,709
98.87%
2,740
31
TOTAL PARKS AND REC.
$1,596,811
$1,525,674
95.55%
$1,596,811
$71,137
OTHER
Library
$10,000
$13,913
139.13%
$10,000
($3,913)
.Performing Arts Center
396,513
417,011
105.17%
396,513
(20,498) Dance floor paid from donations; Tickets.com not budgeted
Booking Fees /County
20,000
36,669
183.35%
20,000
(16,669)
Prop Tax Admin Fee /County
110,000
112,450
102.23%
110,000
(2,450)
Sexual Assault Exams
15,000
14,400
96.00%
15,000
600
TOTAL OTHER
$551,513
$594,443
107.78%
$551,513
($42,930)
TOTAL GF EXPENDITURES
$28,574,303
$27,020,056
94.56%
$28,574,303
$1,554,247
DRAFT MINUTES
PENDING APPROVAL
MINUTES OF THE SPECIAL MEETING
OF THE ROHNERT PARK CITY COUNCIL
Saturday, November 5, 2011
Doubletree Hotel, Sonoma/Santa Rosa Rooms
One Doubletree Drive, Rohnert Park, California
1. CALL TO ORDER/ROLL CALL
Mayor Belforte called the City Council special meeting to order at 9:00 a.m.
Present:
Gina Belforte, Mayor
Jake Mackenzie, Vice Mayor
Amy 0, Ahanotu, Council Member
Joseph T. Callinan, Council Member
Pam Stafford, Council Member
Staff present: City Manager Gabriel Gonzalez, Director of Development Services Darrin Jenkins,
Director of Public Works and Community Services John McArthur, Interim Finance Director Cathy
Orme, Acting Director of Public Safety Jeff Taylor.
Facilitators present: Cathy Standiford and Nanci Hetrick, Management Partners, Inc. and Leslie
SaJmon-Zhu, Graphic Recorder.
2. IlDBLIC COMMENTS
None,
3. CITY COUNCIL STRATEGIC PLANNING WORKSHOP
1. Welcome and Introductions
2. Overview of the strategic planning process and desired outcomes
3, Review Environmental Scan and SLOT Analysis
4. Review draft Mission, Vision, Values
5. Review Draft Goals and Strategies
6. Communications and Accountability for the Strategic Plan
7. Review Next Steps '
Following discussion by staff, City Council members and the facilitators on the topics listed above,
the City Council provided direction regarding the draft mission, vision, values, goals and strategies
for the City of Rohnert Park
Rohnert Park City Council Special Meeting Minutes
7. ADJOURNMENT
Mayor Belforte adjourned the special meeting at 2:30 p.m.
r
Terri Griffin, City
City of Rohnert
Gina Belforte, Mayor
City of Rohnert Park
DRAFT MINUTES
PENDING APPROVAL
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Community Development Commission
Rohnert Park Financing Authority
Tuesday, November 8, 2011
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Parl{, California
1. CALL TO ORDER/ROLL CALL
Mayor Belforte called the City Coullcil/CDC/RPf A joint regular meeting to order at 5:00 p.m.
Present:
Gina Belforte, Mayor
Jake Mackenzie, Vice Mayor
Amy Ahanotu, 'Council Member
Joseph T. Callinan, Council Member
Pam Stafford, Council Member
Staff present: City Manager Gabriel Gonzalez, City Attorney Michelle Marchetta Kenyon, and City
Clerk Terri Griffin.
Mayor Belforte announced that Agenda Item No.9 will be pulled,
2. PLEDGE OF ALLEGIANCE
Led by Ozzie Handley, 6th grade student, John Reed Elementary School
3. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
Public Safety Lieutenant Jeff Taylor introduced newly-hired Public Safety Officer Nicholas Miller.
A. Technical Services Division Manager Terri Mazzanti and Public Safety Sergeant Aaron Johnson
presented an update regarding a recent Office of Traffic Safety (OTS) Grant Award.
B. Public Safety Lieutenant Jeff Taylor and Community Services Officer Jette Selberg provided a
quarterly update on vehicle abatement and other enforcement activities.
C. Theatre Manager Gene Abravaya provided an update on performances of Jekyll & Hyde, The
Musical.
D. Management Analyst Rebecca Zito provided an update on the Public Works blog on Patch.com.
City Manager Gabriel Gonzalez announced the upcoming departure of City Clerk Terri Griffin due to
her appointment as City Clerk for the City of Santa Rosa.
4. PUBLIC COMMENTS
]. Angela Hart spoke regarding the Public Works blog on Patch.com.
5. CONSENT CALENDAR
A. Approval of Minutes for:
]. City Council/CDC/RPf A Joint Regular Meeting - October 25, 20] ]
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated NovelT)ber 8, 201 I
2. CDC Bills/Demands for Payment dated November 8, 201 I
3. City Cash/Investments Report for Month Ending September 201 I
4. CDC Cash/Investments Report for Month Ending September 201 I
5. RPF A Cash/Investments Report for Month Ending September 201 I
C. City Council Resolutions for Adoption:
1. 20] I -I 05 Adopting an Economic Development Program for the City of Rohnert Park
2. 2011-]06 Amending the Five-Year Capital Improvement Program Budget (CIP) and Fiscal
Year 20 I ] - 12 CIP Budget
3. 2011-]07 Accepting a California Office of Traffic Safety (OTS) Selective Traffic
Enforcement Grant A ward and Authorizing the Director of Public Safety to
Execute the Grant Agreement
ACTION: Moved/seconded (Callinan/Stafford) and carried unanimously to approve the Consent
Calendar.
6. RANCHO VERDE MOBILE HOME PARK CONDOMINIUM SUBDIVISION
Consideration of Approving the Rancho Verde Mobile Home Park Condominium Subdivision Map
A, Staff Report provided by Director of Development Services Darrin Jenkins
B. Public Comments: None
C. Resolution for Adoption
1. 20]]-] 08 Approving the Rancho Verde Mobile Home Park Condominium Subdivision
Map, 750 Rohnert Park Expressway, APN 143-040-049
ACTION: Moved/seconded (Mackenzie/Stafford) and carried uanimously to approve Resolution
No, 2011-]08.
5:50 p.m.
Because Item No.7 was noticed for 6:00 p.m" Item No.8 was considered at this time.
8. USE PERMITS FOR ALCOHOL BEVERAGE ESTABLISHMENTS
Consideration and direction regarding amendments to Rohnert Park Municipal Code sections
regarding relative distance of licensed alcoholic beverage establishments to certain sensitive uses or
other alcohol beverage establishments.
A. Staff Report provided by Public Safety Lieutenant Jeff Taylor
B. Public Comments: None
ACTION: Moved/seconded (Callinan/Stafford) and carried unanimously to direct staff to prepare
an ordinance as proposed in the staff report to (1) amend Rohnert Park Municipal
Code Chapter 8.34 regarding relative distance of licensed alcoholic beverage
establishments to certain sensitive uses or other alcoholic beverage establishments
and (2)repeal Rohnert Park Municipal Code Section 17.07.020(R).
7. UPDATE OF PUBLIC FACILITIES (PF) FEES AND REPLACEMENT OF SEPARATE
SEWER CAPACITY CHARGES WITH INTEGRA TED PF FEE
Consideration of (1) adopting a resolution accepting the 20 I I Public Facilities Finance Plan Update
prepared by Winzler & Kelly which recommends changes in the Public Facilities Finance Fee
Program and integration of the Sewer Capacity Fee; and (2) introducing Ordinance No. 840
amending Chapters 3.28 (Public Facilities Fees) and 13.26 (Sewer Laterals) and repealing Chapter
13.4 (Sewer Capacity Charges) of the Rohnert Park Municipal Code.
A. Staff Report provided by Director of Development Services Darrin Jenkins.
B. PUBLIC HEARING:
Mayor Belforte opened the public hearing. Seeing no members of the public wishing to speak,
Mayor Belforte closed the public hearing.
C. Resolution for Adoption:
I. 20] ]-109 Accepting the 2011 Public Facilities Finance Plan Update Prepared by Wilder
& Kelly which Recommends Changes in the Public Facilities Fee Program and
Integration of the Sewer Capacity Fee
ACTION: It was moved/seconded (Stafford/Ahanotu) and carried unanimously to adopt
Resolution No. 2011- ]09.
D. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title:
I. No. 840 Amending Chapters 3.28 (Public Facilities Fees) and 13.26 (Sewer Laterals) and
Repealing Chapter 13.4 (Sewer Capacity Charges) of the Rohnert Park
Municipal Code
ACTION: It was moved/seconded (Stafford/Ahanotu) and carried unanimously by roll call
vote to waive reading and introduce Ordinance No. 840,
9. PRIMA FACIE SPEED LIMTS: This item was deferred to November 22, 2011.
10. COUNTY EVENT PERMITS
Consideration and direction regarding requesting notification from the County of Sonoma when a
permit is issued for events held on parcels adjacent to Rohnert Park city limits.
A. Staff Report provided by City Manager Gonzalez.
B. Public Comments: None
DIRECTION: Council concurred to direct the City Manager to submit on behalf of the City a
request to receive notification by the County when a permit issued for an event held adjacent to
Rohnelt Park city limits.
11. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS
A. Standing Committee Reports
1. Mayor Belforte and Council Member Safford reported on the Economic Deve]opment
Committee meeting held on October 27.
B, Liaison Reports
C. Other Reports
]. All members of the City Council reported on the City Counci] Special Meeting - Strategic
Planning Workshop held on November 5.
2. Council Member Stafford reported on the Local Agency Formation Commission (LAFCO)
meeting held November 2.
12. COMMUNICATIONS
None,
13. MATTERS FROM/FOR COUNCIL
]. Mayor Belforte requested City Manager Gonzalez ask the golf courSe to alert residents adjacent
prior to any spraying.
2. Mayor Be]forte raised concerns regarding a report of neglect issues at a ]ocal pet hospital.
3. Vice Mayor Mackenzie thanked City Manager Gonza]ez and Council Member Ahanotu for the
report regarding blue book bins placed throughout the City that were not associated with the
library.
14. PUBLIC COMMENTS
None:
City of Rohnert Park Joint Regular Meeting Minutes (4 of 4) November 8, 2011
ment Commission/Rohnert Park Fin an cina Aut/writ
15. CLOSED SESSION MATTER
A Mayor Belforte recessed the meeting to closed session at 7:00 p.m. in Conference Room 2A to
consider:
PUBLlC EMPLOYEE PERFORMANCE EV ALUA TION (Government Code 954957)
Title: City Manager
Annual performance review of City Manager
B. Mayor Belforte reconvened the joint regular meeting at 9:00 p.m. All Council members were
present.
C. Mayor Belforte announced that the Council met in the closed session regarding the matter listed
on the agenda, and the Council unanimously supports a positive review and feels that City
Manager Gonzalez is leading the City in the right direction and doing a great job.
16. FOXTAIL GOLF COURSE
Consideration of request by CourseCo, Inc., Foxtail Golf Course management firm, to renegotiate
existing lease agreement between the City of Rohnert Park and CourseCo, Inc.
Council Member Callinan and Council Member Ahanotu announced their intention to recuse
themselves because their personal residences are within 500' of the golf course, Both Council
Members Ahanotu and Callinan left the dais.
A. Staff Report provided by Director of Public Works and Community Services John McArthur.
B. Public Comments: None
Mayor Belforte noted for the record that the matter needs more analysis before the City Manager can
be authorized to renegotiate with CourseCo. City Manager Gonzalez and City Attorney Kenyon
clarified that after conducting further analysis, the City Manager will discuss the parameters of the
negotiations with the City Council as part of the Council's deliberations of real estate negotiations.
ACTION: It was moved/seconded (Mackenzie/Stafford) and carried 3-0-2 (Ahanotu and Callinan
absent/recused) to direct the City Manager to renegotiate the terms of the Lease Agreement with
CourseCo, Inc. for the operation and maintenance of the City's two golf courses, in accordance with
Council discussion.
17. ADJOURNMENT
Mayor Belforte adjourned the joint regular meeting at 9:23 p.m.
\
Terri Griffin, City C
City of Rohnert P r
Gina Belforte, Mayor
City of Rohnert Park
CITY OF ROHNERT PARK
BILLS FOR ACCEPTANCE
November 22, 2011
Check Numbers: 202454 - 202748
Dated: Nov. 2, 2011 - Nov, 16,2011
TOTAL
$1,821,686.02
$1,821,686.02
Accounts Payable
Checks for Approval
User: ccolburn
Printed: 11/16/2011 - 10:10 AM
Check Number Check Date
Fund Name
Account Name
Vendor Name
Amount
202454
11/02/2011
Utility Fund
Ref Deposits -Meter Deposits
PETRO TECH
2,500.00
202454
11/02/2011
Utility Fund
Refundable Deposits
PETRO TECH
- 2,500.00
202454
11/02/2011
Utility Fund
Water Entr. /Cash
PETRO TECH
2,500.00
202454
11/02/2011
Utility Fund
Water Entr. /Hydrant Conne
PETRO TECH
- 234.78
202454
11/02/2011
Utility Fund
Water Entr. /Water -Other
PETRO TECH
-13.50
Check Total:
2,251.72
202455
11/02/2011
Utility Fund
Accounts Payable
Pamela Brashears
26.00
Check Total:
26.00
202456
11/02/2011
Utility Fund
Accounts Payable
Mark Nance
3.78
202456
11/02/2011
Utility Fund
Accounts Payable
Mark Nance
5.83
202456
11/02/2011
Utility Fund
Accounts Payable
Mark Nance
1.35
Check Total:
10.96
202457
11/02/2011
Utility Fund
Accounts Payable
PCL Income & Appreciation Fund
5.93
202457
11/02/2011
Utility Fund
Accounts Payable
PCL Income & Appreciation Fund
7.29
202457
11/02/2011
Utility Fund
Accounts Payable
PCL Income & Appreciation Fund
4.05
Check Total:
17.27
202458
11/02/2011
Utility Fund
Accounts Payable
Remax Pro
41.60
202458
11/02/2011
Utility Fund
Accounts Payable
Remax Pro
26.35
202458
11/02/2011
Utility Fund
Accounts Payable
Remax Pro
13.34
Check Total:
81.29
202459
11/02/2011
Utility Fund
Accounts Payable
Kyle Rice
88.89
AP - Checks for Approval ( 11/16/2011 - 10:10 AM)
Page 1
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) - Page 2
Check Total:
88.89
202460
11/02/2011
Utility Fund
Accounts Payable
Kimberly Scranton
17.84
202460
11/02/2011
Utility Fund
Accounts Payable
Kimberly Scranton
26.19
202460
11/02/2011
Utility Fund
Accounts Payable
Kimberly Scranton
6.08
Check Total:
50.11
202461
11/02/2011
Utility Fund
Accounts Payable
Sierra Asset Servicing
90.00
202461
11/02/2011
Utility Fund
Accounts Payable
Sierra Asset Servicing
240.30
Check Total:
330.30
202462
11/03/2011
General Fund
Pac/Pasco /Production
MUSIC THEATRE INTERNATIONAL
1,230.00
Check Total:
1,230.00
202463
11/03/2011
General Fund
Pac /Pasco /Production
CHRIS ALEXANDER
545.50
Check Total:
545.50
202464
11/03/2011
General Fund
Pac /Pasco /Production
Kelly Brandeburg
200.00
Check Total:
200.00
202465
11/03/2011
General Fund
Pac/Pasco /Production
Matthew Bringedahl
490.95
Check Total:
490.95
202466
11/03/2011
General Fund
Pac/Pasco /Production
Matteo Dillaway
600.05
Check Total:
600.05
202467
11/03/2011
General Fund
Pac/Pasco /Production
Tim Earls
100.00
Check Total:
100.00
202468
11/03/2011
General Fund
Pac /Pasco /Production
Suzanne Eraldi
600.05
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) - Page 2
Check Number Check Date Fund Name
202469
11/03/2011
General Fund
202470
11/03/2011
General Fund
202471
11/03/2011
General Fund
202472
11/03/2011
General Fund
202473
11/03/2011
General Fund
202474
11/03/2011
General Fund
202475
11/03/2011
General Fund
202476
11/03/2011
General Fund
202477
11/03/2011
General Fund
202478
11/03/2011
General Fund
AP - Checks for Approval ( 11/16/2011 - 10:10 AM )
Account Name Vendor Name Amount
Page 3
Check Total:
600.05
Pac/Pasco
/Production
MARLENE EYRE
600.05
Check Total:
600.05
Pac/Pasco
/Production
Joe Gellura
200.00
Check Total:
200.00
Pac/Pasco
/Production
Anthony Gianchetta
1,000.00
Check Total:
1,000.00
Pac/Pasco
/Production
Daniel Gianola- Norris
600.05
Check Total:
600.05
Pac /Pasco
/Production
Paul Gilger
900.00
Check Total:
900.00
Pac/Pasco
/Production
Christopher (Kit) Grimm
200.00
Check Total:
200.00
Pac/Pasco
/Production
Sherri Guinn
200.00
Check Total:
200.00
Pac/Pasco
/Production
Elaine Herrick
600.05
Check Total:
600.05
Pac/Pasco
/Production
Tracy Hinnman Sigrist
1,000.00
Check Total:
1,000.00
Pac/Pasco
/Production
Shari Hopkinson
75.00
Page 3
Check Number Check Date , Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 4
Check Total:
75.00
202479
11/03/2011
General Fund
Pac/Pasco
/Production
Arnold House
200.00
Check Total:
200.00
202480
11/03/2011
General Fund
Pac/Pasco
/Production
Ralph Hoyal
200.00
Check Total:
200.00.
202481
11/03/2011
General Fund
Pac/Pasco
/Production
John Konigsmark
600.05
Check Total:
600.05
202482
11/03/2011
General Fund
Pac/Pasco
/Production
Heather Lane
500.00
Check Total:
500.00
202483
11/03/2011
General Fund
Pac/Pasco
/Production
Julianne Lorenzen
200.00
Check Total:
200.00
202484
11/03/2011
General Fund
Pac/Pasco
/Production
Angela Monique
75.00
Check Total:
75.00
202485
11/03/2011
General Fund
Pac /Pasco
/Production
Joann Neuschatz
600.05
Check Total:
600.05
202486
11/03/2011
General Fund
Pac/Pasco
/Production
Jon Rathjen
200.00
Check Total:
200.00
202487
11/03/2011
General Fund
Pac/Pasco
/Production
Richard Riccardi
1,500.00
Check Total:
1,500.00
202488
11/03/2011
General Fund
Pac/Pasco
/Production
Liam Robertson
200.00
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 5
Check Total:
200.00
202489
11/03/2011
General Fund
Pac /Pasco /Production
JOHN SHILLINGTON
500.00
Check Total:
500.00
202490
11/03/2011
General Fund
Pac/Pasco /Production
Sam Starr
100.00
Check Total:
100.00
202491
11/03/2011
General Fund
Pac/Pasco /Production
Phillip Swanson
100.00
Check Total:
100.00
202492
11/03/2011
General Fund
Pac/Pasco /Production
Peter Warden
100.00
Check Total:
100.00
202493
11/03/2011
General Fund
Pac/Pasco /Production
Alanna Weatherby
75.00
Check Total:
75.00
202494
1.1/03/2011
General Fund
Pac /Pasco /Production
Amy Marie Webber
100.00
Check Total:
100.00
202495
11/03/2011
General Fund
Pac /Pasco /Production
Brian Wilson
600.05
Check Total:
600.05
202496
11/03/2011
General Fund
Pac/Pasco /Production
RUTH WILSON
600.05
Check Total:
600.05
202497
.11/04/2011
General Fund
P E R S Payable
CALPERS
368,569.39
202497
11/04/2011
General Fund
Pers - Survivorship
CALPERS
329.00
202497
11/04/2011
General Fund
Pers Redeposit Payable
CALPERS
2,694.42
202497
11/04/2011
General Fund
P/S Personnel /Pers /Employee
CALPERS
385.74
202497
11/04/2011
General Fund
P/S Personnel /Pers /Employer
CALPERS
1,470.20
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval (11/16/2011 - 10:10 AM ) Page 6
Check Total:
373,448.75
202498
11/04/2011
General Fund
Pers- Survivorship
CALPERS
20.00
202498
11/04/2011
General Fund
P E R S Payable
CALPERS
17,984.51
Check Total:
18,004.51
202499
11/04/2011
General Fund
Short Term Disability
LINCOLN NATIONAL LIFE INS CO
2,312.28
202499
11/04/2011
General Fund
Standard Ins Payable
LINCOLN NATIONAL LIFE INS CO
4,098.57
202499
11/04/2011
General Fund
Emplyee Benfits /Life Ins /Sala
LINCOLN NATIONAL LIFE INS CO
1,036.72
Check Total:
7,447.57
202500
11/04/2011
General Fund
Supp Life W/H Payable
LINCOLN NATIONAL LIFE INS CO
897.10
Check Total:
897.10
202501
11/09/2011
Utility Fund
VEHICLE GAS & OIL
Chevron and Texaco Business Ca
503.94
Check Total:
503.94
202502
11/09/2011
Utility Fund
Water Entr. /Spec Dept Equ
CONTROL SYSTEMS WEST
508.75
Check Total:
508.75
202503
11/09/2011
Utility Fund
Water Entr. /Spec Dept Equ
Friedman's
276.12
202503
11/09/2011
Utility Fund
Water Entr. /Spec Dept Equ
Friedman's
59.39
Check Total:
335.51
202504
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
25.49
202504
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
163.07
202504
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
23.66
202504
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
76.48
202504
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
24.89
202504
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
482.81
202504
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
155.25
Check Total:
951.65
AP - Checks for Approval (11/16/2011 - 10:10 AM ) Page 6
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Amount
202505
11/09/2011
Utility Fund
Colleen Heilman
32.54
Check Total:
32.54
202506
11/09/2011
Utility Fund
Water Emr. /Small Tools
Home Depot Credit Services
-54.22
202506
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
19.55
202506
11/09/2011
Utility Fund
Water Entr. /Small Tools
Home Depot Credit Services
79.94
202506
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
97.29
202506
11/09/2011
Utility Fund
Water Entr. /Small Tools
Home Depot Credit Services
85.72
202506
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Home Depot Credit Services
135.32
202506
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Home Depot Credit Services
23.79
202506
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Home Depot Credit Services
437.12
202506
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
11.37
202506
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
40.08
202506
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Home Depot Credit Services
28.06
202506
11/09/2011
Utility Fund
Water Entr. /Small Tools
Home Depot Credit Services
476.28
202506
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
178.99
202506
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
43.29
Check Total:
1,602.58
202507
11/09/2011
Utility Fund
Water Entr. /Water Meter Re
National Meter & Automation, I
2,352.00
202507
11/09/2011
Utility Fund
Water Entr. /Water Meter Re
National Meter & Automation, I
119.36
Check Total:
2,471.36
202508
11/09/2011
Utility Fund
Water Entr. /Spec Dept Equ
Pace Supply
73.57
202508
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
130.20
202508
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
143.57
Check Total:
347.34
202509
11/09/2011
Utility Fund
Water Entr. /Heat/Light/Po
Pacific Gas & Electric
555.01
Check Total:
555.01
202510
11/09/2011
Utility Fund
Water Entr. /Heat/Light/Po
Pacific Gas & Electric
11.14
Check Total:
11.14
202511
11/09/2011
Utility Fund
Water Entr. /Spec. Departm
Redwood Lock & Key
15.19
202511
11/09/2011
Utility Fund
Water Entr. /13ldg/Facilty
Redwood Lock & Key
368.85
AP- Checks for Approval( 11/16/2011 - 10:10 AM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 8
Check Total:
384.04
202512
11/09/2011
Utility Fund
Water Entr. /Haz Materials
Safety-Kleen Systems, Inc.
498.25
Check Total:
498.25
202513
11/09/2011
Utility Fund
WaterNehicle Repairs
Santa Rosa Auto Parts
69.29
Check Total:
69.29
202514
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Shamrock Materials
126.95
202514
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Shamrock Materials
214.83
Check Total:
341.78
202515
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Soiland Co., Inc.
466.47
Check Total:
466.47
202516
11/09/2011
Utility Fund
Water /Clothing Allowance
Sunset Linen Service
54.09
Check Total:
54.09
202517
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Syar Industries, Inc.
862.34
Check Total:
862.34
202518
11/09/2011
Utility Fund
Water Entr. /Spec Dept Equ
Telstar Instruments Inc.
1,552.50
202518
1.1/09/2011
Utility Fund
Water Entr. /Spec Dept Equ
Telstar Instruments Inc.
4,350.31
Check Total:
5,902.81
202519
11/09/2011
Utility Fund
Water Ent/Distrib SystemRepair
Titus Trucking
1,200.00
Check Total:
1,200.00
202520
11/09/2011
Utility Fund
Water Entr. /Small Tools
HDS White Cap Construction
Supply
478.47
Check Total:
478.47
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 8
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Amount
202521
11/09/2011
Utility Fund
Sewer Entr.
/Miscellaneous
Business Card
132.00
Check Total:
132.00
202522
11/09/2011
Utility Fund
Sewer Entr.
/Miscellaneous
Capital Rubber Co.
2,228.52
Check Total:
2,228.52
202523
11/09/2011
Utility Fund
Vehicle Gas & Oil
Chevron and Texaco Business Ca
56.00
Check Total:
56.00
202524
11/09/2011
Utility Fund
Sewer Entr.
/Spec. Departm
"Grainger, Inc.
34.55
202524
11/09/2011
Utility Fund
Sewer Entr.
/Small Tools
Grainger, Inc.
8.29
202524
11/09/2011
Utility Fund
Sewer Entr.
/Spec. Departm
Grainger, Inc.
151.58
202524
11/09/2011
Utility Fund
Sewer Entr.
/Spec. Departm
Grainger, Inc.
62.96
202524
11/09/2011
Utility Fund
Sewer Entr.
/Miscellaneous
Grainger, Inc.
149.91
202524
11/09/2011
Utility Fund
Sewer Entr.
/Miscellaneous
Grainger, Inc.
40.72
202524
11/09/2011
Utility Fund
Sewer Entr.
/Spec. Departm
Grainger, Inc.
47.09
Check Total:
495.10
202525
11/09/2011
Utility Fund
Sewer Entr.
/Miscellaneous
Hawley's Paint Store, Inc.
242.11
202526 11/09/2011 Utility Fund
202526 11/09/2011 Utility Fund
202527 11/09/2011 Utility Fund
202528 11/09/2011 Utility Fund
202529 11/09/2011 Utility Fund
Check Total:
Sewer Entr /Equipment Rental Hertz Equipment Rental Corpora
Sewer Entr /Equipment Rental Hertz Equipment Rental Corpora
Check Total:
Sewer Entr. /Spec. Departm Home Depot Credit Services
Check Total:
Sewer Entr. /Bldg/Facilty Horizon Distributors Inc.
Check Total:
Sewer Entr. /Miscellaneous Kelly -Moore Paint Company, Inc
AP - Checks for Approval ( 1 1/16/2011 - 10:10 AM) Page 9
242.11
334.18
433.78
767.96
71.12
71.12
1,274.49
1,274.49
155.34
Check Number Check Date Fund Name
202530
11/09/2011
Utility Fund
202531
11/09/2011
Utility Fund
202532
11/09/2011
Utility Fund
202533
11/09/2011
Utility Fund
202534
11/09/2011
Utility Fund
202535
11/09/2011
General Fund
202535
11/09/2011
General Fund
202535
11/09/2011
General Fund
202535
11/09/2011
General Fund
202535
11/09/2011
General Fund
202536
11/09/2011
General Fund
202537
11/09/2011
General Fund
202538
11/09/2011
General Fund
AP - Checks for Approval ( 11/16/2011 - 10:10 AM )
Account Name Vendor Name Amount
Page 10
Check Total:
155.34
Sewer Entr. /Vehicle Repair
Opperman & Son, Inc.
1,742.17
Check Total:
1,742.17
Sewer Ent/Collect SystemRepair
R &B Company
1,857.25
Check Total:
1,857.25
Sewer Entr. /Clothing Allow
Red Wing Shoes
300.00
Check Total:
300.00
Sewer Entr. /Clothing Allow
Sunset Linen Service
22.70
Check Total:
22.70
Sewer Ent/Collect SystemRepair
HDS White Cap Construction Supply
425.44
Check Total:
425.44
Police /Spec. Departm
Business Card
65.00
Police /Spec. Departm
Business Card
12.37
Police /Spec. Departm
Business Card
173.02
Police /Spec. Departm
Business Card
294.22
Police /Spec. Departm
Business Card
52.59
Check Total:
597.20
Publ Works Gen Bldg/Facilty
ABM Janitorial Services - Nort
213.00
Check Total:
213.00
Finance /Contractual S
Accountemps
1,710.00
Check Total:
1,710.00
Library /Fac Maint/Non-
Air Connection
375.00
Page 10
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP- Checks for Approval( 11/16/2011 - 10:10 AM) Page I 1
Check Total:
375.00
202539
11/09/2011
General Fund
Police /Armory
Alameda County Sheriffs Offic
300.00
Check Total:
300.00
202540
11/09/2011
General Fund
H Pool
/Spec. Departm
American Red Cross
100.00
Check Total:
100.00
202541
11/09/2011
General Fund
Fire
Nehicle Repai
BAUER COMPRESSORS
25.87
Check Total:
25.87
202542
11/09/2011
General Fund
R.P. Comm. Cntr /Contractual S
Raizelah Bayen
20.80
Check Total:
20.80
202543
11/09/2011
General Fund
Police
/Training /Ed. -
Business Card
286.23
Check Total:
286.23
202544
11/09/2011
General Fund
Police /I.D.
Business Card
49.34
Check Total:
49.34
202545
11/09/2011
General Fund
Planning
/Training & Edu
BUSINESS CARD
100.00
Check Total:
100.00
202546
11/09/2011
General Fund
Fire
/Uniforms
Business Card
321.13
202546
11/09/2011
General Fund
Fire
/Spec Dept Equ
Business Card
532.06
Check Total:
853.19
202547
11/09/2011
General Fund
Police
/Spec. Departm
Business Card
120.70
202547
11/09/2011
General Fund
Police
/Spec. Departm
Business Card
277.71
202547
11/09/2011
General Fund
Police /I.D.
Business Card
19.53
202547
11/09/2011
General Fund
Police
/Spec. Departm
Business Card
594.28
AP- Checks for Approval( 11/16/2011 - 10:10 AM) Page I 1
Check Number Check Date Fund Name
202548
11/09/2011
General Fund
202548
11/09/2011
General Fund
202548
11/09/2011
General Fund
202549
11/09/2011
General Fund
202549
11/09/2011
General Fund
202550
11/09/2011
General Fund
202551
11/09/2011
General Fund
202551
11/09/2011
General Fund
202552
11/09/2011
General Fund
202553
11/09/2011
General Fund
202554
11/09/2011
General Fund
202555
11/09/2011
General Fund
202555
11/09/2011
General Fund
202556
11/09/2011
General Fund
AP - Checks for Approval ( 11/16/2011 - 10:10 AM )
Account Name Vendor Name Amount
Page 12
Check Total:
1,012.22
Police /Training /Ed. -
Business Card
179.40
Fire /Vehicle Repai
Business Card.
7.80
Police /Training /Ed. -
Business Card
139.40
Check Total:
326.60
Streets & Bike /Spec. Departm
Business Card
577.90
PW- Landscape /Landscape Sup
Business Card
65.09
Check Total:
642.99
Emplyee Benfits /State Unemplo
CA EDD Dept
9,264.21
Check Total:
9,264.21
PW- Landscape /Landscape Sup
Cal -Steam
72.65
PW- Landscape /Landscape Sup
Cal -Steam
19.01
Check Total:
91.66
PW- Traffic Signals / Contractua
CALTRANS
1,506.11
Check Total:
1,506.11
R. P. Comm. Cntr /Contractual S
Masayo Carmel
150.80
Check Total:
150.80
R.P. Comm. Cntr /Contractual S
Michele Carter
130.00
Check Total:
130.00
Police /Gas & Oil
Chevron and Texaco Business Ca
999.22
Publ Works Gen /Gas & Oil
Chevron and Texaco Business Ca
19.04
Check Total:
1,018.26
Data Processing /Software Main
COMPUCOM
918.35
Page 12
Check Number. Check Date
Fund Name
Account Name
Vendor Name
Amount
Check Total:
918.35
202557
11/09/2011
General Fund
Rec Ref Clearing
Lindsay Cowhig
90.00
202557
11/09/2011
General Fund
Rec Ref Clearing
Lindsay Cowhig
400.00
Check Total:
490.00
202558
11/09/2011
General Fund
R.P. Comm Cntr/Dues & Subscr
CPRS District 1
75.00
Check Total:
75.00
202559
11/09/2011
General Fund
Police /Vehicle Repai
DAN'S SUPERIOR AUTO SERVICE
40.00
Check Total:
40.00
202560
11/09/2011
General. Fund
R.P. Comm. Cntr /Contractual S
Gay Dawson
351.00
Check Total:
351.00
202561
11/09/2011
General Fund
Sports Center /Contractual S
Denise Drake
45.50
202561
11/09/2011.
General Fund
R.P. Comm. Cntr /Contractual S
Denise Drake
52.00
Check Total:
97.50
202562
11/09/2011
General Fund
Magnolia Pool /Fac Maintenanc
Eureka Oxygen Co.
126.36
202562
11/09/2011
General Fund
H Pool Bldg/Facilty
Eureka Oxygen Co.
191.16
Check Total:
317.52
202563
11/09/2011
General Fund
R.P. Gymnasium Bldg/Facilty
Friedman's
173.40
202563
11/09/2011
General. Fund
R.P. Gymnasium Bldg/Facilty
Friedman's
56.87
Check Total:
230.27
202564
11/09/2011
General Fund
R.P. Comm. Cntr Bldg/Facilty
Grainger, Inc.
29.85
202564
11/09/2011
General Fund
Street Lighting /Spec. Departm
Grainger, Inc.
47.12
202564
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
9.48
202564
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Grainger, Inc.
31.61
202564
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
17.74
202564
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
14.50
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 13
Check Number Check Date Fund Name Account Name Vendor Name Amount
202564
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
73.28
202564
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Grainger, Inc.
19.56
202564
11/09/2011
General Fund
Publ Works Gen /Spec. Departm
Grainger, Inc.
555.20
202564
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Grainger, Inc.
46.65
Check Total:
844.99
202565
11/09/2011
General Fund
Publ Works Gen /Vehicle Repai
Hansel Ford
127.74
Check Total:
127.74
202566
11/09/2011
General Fund
R.P. Comm. Cntr /Contractual S
KIERSTEN HILL
210.60
Check Total:
210.60
202567
11/09/2011
General Fund
Center Bldg /Facilty
The Hitmen Termite & Pest Control
60.00
202567
11/09/2011
General Fund
Ps Main Station Bldg/Facilty
The Hitmen Termite & Pest Control
250.00
202567
11/09/2011
General Fund
Burt/Ave Rec Cr /Bldg/Facilty
The Hitmen Termite & Pest Control
60.00
Check Total:
370.00
202568
11/09/2011
General Fund
Publ Works Gen /Spec. Departm
Home Depot Credit Services
17.56
202568
11/09/2011
General Fund
P/S Bldg -North Bldg/Facilty
Home Depot Credit Services
6.04
202568
11/09/2011
General Fund
P/S Bldg -South Bldg/Facilty
Home Depot Credit Services
6.03
202568
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Home Depot Credit Services
34.18
202568
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Home Depot Credit Services
41.01
202568
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Home Depot Credit Services
27.10
202568
11/09/2011
General Fund
P/S Bldg -North Bldg/Faciity
Home Depot Credit Services
9.16
202568
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Home Depot Credit Services
59.08
202568
11/09/2011
General Fund
Center /Spec. Departm
Home Depot Credit Services
25.92
202568
11/09/2011
General Fund
R.P. Gymnasium Bldg/Facilty
Home Depot Credit Services
32.73
202568
11/09/2011
General Fund
Fire /Training & Ed
Home Depot Credit Services
111.32
202568
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Home Depot Credit Services
54.15
202568
11/09/2011
General Fund
R.P. Comm. Cntr Bldg/Facilty
Home Depot Credit Services
-98.07
Check Total:
326.21
202569
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Horizon Distributors Inc.
142.80
202569
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Horizon Distributors Inc.
509.76
Check Total:
652.56
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 14
Check Number Check Date
Fund Name
Account Name
Vendor Name
Amount
202570
11/09/2011
General Fund
Police /Training /Ed. -
Hyatt Regency Newport Beach
282.72
Check Total`
282.72
202571
11/09/2011
General Fund
Police /Training /Ed. -
Hyatt Regency Newport Beach
282.72
Check Total:
282.72
202572
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Kelly -Moore Paint Company, Inc
7.31
202572
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Kelly -Moore Paint Company, Inc
26.99
Check Total:
34.30
202573
11/09/2011
General Fund
Animal Control /Contractual S
Koefran Industries
115.00
Check Total:
115.00
202574
11/09/2011
General Fund
City Manager /Training & Edu
LIEBERT CASSIDY WHITMORE
75.00
Check Total:
75.00
202575
11/09/2011
General Fund
Non - Department /Professional
Management Partners, Inc
1,490.00
Check Total:
1,490.00
202576
11/09/2011
General Fund
Sports Center /Contractual S
Julie McIntyre
140.00
Check Total:
140.00
202577
11/09/2011 -
General Fund
Sports Center /Contractual S
Diane Micheli
35.75
Check Total:
35.75
202578
11/09/2011
General Fund
Police /Training /Ed. -
Troy Moore
180.00
Check Total:
180.00
202579
11/09/2011
General Fund
Police /Training /Ed. -
Troy Moore
180.00
Check Total: 180.00
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 15
Check Number Check Date Fund Name Account Name Vendor Name Amount
202580 11/09/2011 General Fund
202581 11/09/2011 General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202582
11/09/2011
General Fund
202583 11/09/2011 General Fund
202583 11/09/2011 General Fund
202584
202584
202585
11/09/2011 General Fund
11/09/2011 General Fund
11/09/2011 General Fund
Pac /City Events /Contractual S N2 Holdings, Inc
Check Total:
Police /Office Supplie National Document Solutions, L
Check Total:
Police /Equipment Leas
City Hall /Rent/Lease /Ta
Recreation Adm /Rent/Lease /Tax
Center /Rent/Lease /Ta
Publ Works Gen /Rent/Lease /Ta
Animal Control / Eqpt Lease
Sports Center /Rent/Lease /Tax
Pac /Admin /Rent/Lease /Tax
Police /Vehicle Repai
Police /Vehicle Repai
Pac /Marketing
Pac /Marketing
CBS Newcal, Inc
CBS Newcal, Inc
CBS Newcal, Inc
CBS Newcal, Inc
CBS Newcal, Inc
CBS Newcal, Inc
CBS Newcal, Inc
CBS Newcal; Inc
Check Total:
Nor -Cal Transmission
Nor -Cal Transmission
262.50
262.50
290.78
290.78
1,347.14
1,397.38
286.59
189.95
75.47
75.47
75.47
75.47
3,522.94
2,255.37
267.02
Check Total: 2,522.39
North Bay Bohemian 254.89
North Bay Bohemian 254.89
Non - Department /Professional Office Depot
Check Total: 509.78
33.46
Check Total: 33.46
202586
11/09/2011
General Fund
Park Maint
/Contractual S
Old Adobe
Development Services
790.92
202586
11/09/2011
General Fund
Park Maint
/Contractual S
Old Adobe
Development Services
540.15
202586
11/09/2011
General Fund
Streets & Bike
/Contractual S
Old Adobe
Development Services
324.09
202586
1.1/09/2011
General Fund
City Hall
/Contractual S
Old Adobe
Development Services
216.66
202586
11/09/2011
General Fund
City Hall Annex
Bldg/Facilty
Old Adobe
Development Services
324.09
202586
11/09/2011
General Fund
Park Maint
/Contractual S
Old Adobe
Development Services
864.24
202586
11/09/2011
General Fund
Park Maint
/Contractual S
Old Adobe
Development Services
648.18
202586
11/09/2011
General Fund
Pac
/Facility Repa
Old Adobe
Development Services
1,618.00
AP - Checks for Approval ( 1 1/16/2011 - 10:10 AM ) Page 16
Check Number Check Date
Fund Name
Account Name
Vendor Name
11/09/2011
Amount
202594
11/09/2011
General Fund
202595
11/09/2011
General Fund
Check Total:
5,326.33
202587
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Pace Supply
89.97
Check Total:
89.97
202588
11/09/2011
General Fund
City Hall /Heat/Light/Po
Pacific Gas & Electric
69.68
Check Total:
69.68
202589
11/09/2011
General Fund
Non - Department /Heat/Light/Po
Pacific Gas & Electric
20.70
Check Total:
20.70
202590
11/09/2011
General Fund
Park Maint /Heat/Light/Po
Pacific Gas & Electric
60.25
Check Total:
60.25
202591
11/09/2011
General Fund
Publ Works Gen /Gas & Oil
PGE
140.15
Check Total:
140.15
202592
11/09/2011
General Fund
Police /Office Supplie
The Printer Doctor
129.12
Check Total:
129.12
202593
11/09/2011
General Fund
Sports Center /Contractual S
Shelby Rasmussen
200.00
Check Total:
200.00
202594
11/09/2011
General Fund
202594
11/09/2011
General Fund
202594
11/09/2011
General Fund
202595
11/09/2011
General Fund
Publ Works Gen /Gas & Oil Redwood Coast Petroleum
Police /Gas & Oil Redwood Coast Petroleum
Publ Works Gen /Gas & Oil Redwood Coast Petroleum
Check Total:
Streets & Bike /Spec. Departm Redwood Lock & Key
Check Total:
1,724.92
1,544.02
1,136.77
4,405.71
8.95
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 17
8.95
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Amount
202600
11/09/2011
General Fund
202600
11/09/2011
General Fund
202596
11/09/2011
General Fund
Streets & Bike /Spec. Departm
Reliable Hardware & Steel Co.
136.51
202596
11/09/2011
General Fund
PW- Landscape /Landscape Sup
Reliable Hardware & Steel Co.
177.40
Check Total:
31191
202597
11/09/2011
General Fund
City Council -T &M- Stafford
Rohnert Park Chamber of Commer
25.00
202597
11/09/2011
General Fund
Publ Works Gen /Travels & Mee
Rohnert Park Chamber of Commer
25.00
Check Total:
50.00
202598
11/09/2011
General Fund
Publ Works Gen Nehicle Repai
Royal Coach Chevron Car Wash
162.45
202598
11/09/2011
General Fund
Police Nehicle Repai
Royal Coach Chevron Car Wash
107.00
Check Total:
269.45
202599 11/09/2011 General Fund
202600
11/09/2011
General Fund
202600
11/09/2011
General Fund
202600
11/09/2011
General Fund
202600
11/09/2011
General Fund
202600
11/09/2011
General Fund
202601 11/09/2011 General Fund
202602 11/09/2011 General Fund
202603 11/09/2011 General Fund
202603 11/09/2011 General Fund
202603 11/09/2011 General Fund
Publ Works Gen /Haz Materials Safety -Kleen Systems, Inc.
Police Nehicle Repai
Publ Works Gen Nehicle Repai
Police Nehicle Repai
Police Nehicle Repai
Fire PreventionNehicle Repai
Police /C /O- Communica
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Silverado Avionics, Inc.
Check Total:
Check Total:
300.44
300.44
10.95
43.29
261.81
17.87
107.51
441.43
2,520.83
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 18
Check Total:
2,520.83
Mini Bus Nehicle Repai
Smothers
44.05
Check Total:
44.05
R.P. Comm. Cntr /Contractual S
Randy Snyder
13.00
R.P. Comm. Cntr /Contractual S
Randy Snyder
413.00
R.P. Comm. Cntr /Contractual S
Randy Snyder
329.06
Check Total:
755.06
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 18
Check Number Check Date Fund Name
202604
11/09/2011
General Fund
202605
11/09/2011
General Fund
202606
11/09/2011
General Fund
202607
11/09/2011
General Fund
202608
11/09/2011
Utility Construction Fund
202609
11/09/2011
General Fund
202610
11/09/2011
General Fund
202610
11/09/2011
General Fund
202610
1.1/09/2011
General Fund
202611
11/09/2011
General Fund
202612
11/09/2011
General Fund
202613
11/09/2011
General Fund
AP - Checks for Approval ( 11/16/2011 - 10:10 AM )
Account Name Vendor Name Amount
S.A. Exams /Professional
So Co Health Service
1,800.00
Check Total:
1,800.00
Police /Spec. Departm
SUN BADGE CO
88.93
Check Total:
88.93
Publ Works Gen /Clothing Allo
Sunset Linen Service
112.58
Check Total:
112.58
Streets & Bike /Spec. Departm
Syar Industries, Inc.
312.84
Check Total:
312.84
Eastside Trunk Swr Proj- Phase2
Telstar Instruments Inc.
2,374.10
Check Total:
2,374.10
R.P. Comm. Cntr /Contractual S
DENISE THURMAN
156.00
Check Total:
156.00
Publ Works Gen Nehicle Repai
Tire Distribution Systems, Inc
126.45
Publ Works Gen Nehicle Repai
Tire Distribution Systems, Inc
1,473.61
Police Nehicle Repai
Tire Distribution Systems, Inc
-5.00
Check Total:
1,595.06
City Hall /Bldg/Facilty
Universal Building Services
1,150.00
Check Total:
1,150.00
Animal Control/Medications
VCA Animal Care Center of Sono
22.50
Check Total:
22.50
Publ Works Gen Nehicle Repai
Victory Auto Plaza
33.14
Page 19
Check Number Check Date Fund Name Account Name Vendor Name Amount
Check Total: 33.14
202614
11/09/2011
General Fund
PW- Landscape /Landscape Sup
West Cal Tractor
180.31
202614
11/09/2011
General Fund
PW- Landscape /Landscape Sup
West Cal Tractor
602.50
202614
11/09/2011
General Fund
PW- Landscape /Landscape Sup
West Cal Tractor
91.43
Check Total:
874.24
202615
11/09/2011
General Fund
R.P. Comm. Cntr Bldg/Facilty
Wheeler Zamaroni
871.56
202615
11/09/2011
General Fund
R.P. Comm. Cntr /Bldg/Facilty
Wheeler Zamaroni
- 252.72
Check Total:
618.84
202616
11/09/2011
General Fund
Sports Center /Contractual S
Mary-Rita Williamson
80.00
Check Total:
80.00
202617
11/10/2011
Utility Fund
Collection/Contract Svcs -Rp Di
Rohnert Park Disposal
712,662.77
202617
11/10/2011
Utility Fund
City Contractual Svcs
Rohnert Park Disposal
133,146.68
202617
11/10/2011
Utility Fund
Refuse Col Entr /Cash
Rohnert Park Disposal
712,662.77
202617
11/10/2011
Utility Fund
Refuse Col Entr /Cash
Rohnert Park Disposal
- 858,694.61
202617
11/10/2011
Utility Fund
Refuse Col Entr/Refuse Div /Ed
Rohnert Park Disposal
12,885.16
Check Total:
712,662.77
202618
11/10/2011
General Fund
City Council -T &M- Stafford
Business Card
100.00
202618
11/10/2011
General Fund
T &E - City Represesentation
Business Card
150.90
202618
11/10/2011
General Fund
City Manager /Travels & Mee
Business Card
41.11
202618
11/10/2011
General Fund
Travel/Mtgs- Mackenzie
Business Card
150.90
202618
11/10/2011
General Fund
City Hall /Spec. Departm
Business Card
95.41
202618
11/10/2011
General Fund
Non - Department /Travels & Mee
Business Card
82.87
Check Total:
621.19
202619
11/10/2011
General Fund
Cash
Rohnert Park Disposal
133,146.68
202619
11/10/2011
General Fund
Refuse Franchise Fees
Rohnert Park Disposal
- 85,901.08
202619
11/10/2011
General Fund
Admin. Svcs.-Refuse Rechg
Rohnert Park Disposal
- 30,065.38
202619
11/10/2011
General Fund
Admin. Svcs.-Refuse Rechg
Rohnert Park Disposal
- 17,180.22
Check Total: -0.00
AP - Checks for Approval ( 1 1/16/2011 - 10:10 AM) Page 20
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Amount
Kaiser W/H Payable
KAISER HEALTH PLAN INC
Check Total:
Emplyee Benfits /Medical Insur
KAISER HEALTH PLAN INC
202620
11/14/2011
General Fund
Blue Cross W/H Payable
HSA Bank
125.00
202621 11/14/2011 General Fund
202621 11/14/2011 General Fund
202622 11/14/2011 General Fund
202623 11/14/2011 General Fund
202624 11/14/2011 General Fund
202625 11/14/2011 General Fund
202625 11/14/2011 General Fund
202626 11/14/2011 General Fund
202627 11/14/2011 General Fund
202628 11/14/2011 General Fund
202629 11/14/2011 General Fund
Check Total:
Kaiser W/H Payable
KAISER HEALTH PLAN INC
Emplyee Benfits /Medical Insur
KAISER HEALTH PLAN INC
Check Total:
Kaiser W/H Payable
KAISER HEALTH PLAN INC
Check Total:
Emplyee Benfits /Medical Insur
KAISER HEALTH PLAN INC
Check Total:
Standard Ins Payable
MYERS - STEVENS & TOOHEY
Check Total:
Def Comp Payable -Gw
NATIONAL DEFERRED COMPENSATIO
Def Comp Payable -Gw
NATIONAL DEFERRED COMPENSATIO
Check Total:
Def Comp Payable -Gw
NATIONAL DEFERRED COMPENSATIO
Check Total:
Rpea Dues
Scope Dues Payable
Court Order Payable
CITY OF ROHNERT PARK
Check Total:
SEIU Local 1021
Check Total:
Sonoma County Sheriffs Office
125.00
108,884.90
42,553.31
151,438.21
998.57
998.57
689.78
689.78
1,209.00
1,209.00
1,225.00
2,422.50
3,647.50
2,574.30
2,574.30
225.00
225.00
1,090.54
1,090.54
859.38
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 21
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 1 1/16/2011 - 10:10 AM ) Page 22
Check Total:
859.38
202630
11/14/2011
General Fund
Court Order Payable
United States Treasury
325.00
Check Total:
325.00
202631
11/14/2011
General Fund
United Way Payable
UNITED WAY
85.00
Check Total:
85.00
202632
11/14/2011
General Fund
Eye CareNSP/Payables
Vision Service Plan - (CA)
89.50
Check Total:
89.50
202633
11/14/2011
General Fund
Eye CareNSP/Payables
Vision Service Plan - (CA)
1,062.75
Check Total:
1,062.75
202634
11/14/2011
General Fund
Emplyee Benfits /Eye Care
Vision Service Plan - (CA)
180.25
Check Total:
180.25
202635
11/14/2011
General Fund
Emplyee Benfits /Eye Care
Vision Service Plan - (CA)
1,246.49
Check Total:
1,246.49
202636
11/14/2011
General Fund
Pac /Concessions
Department of Alcoholic Bevera
750.00
Check Total:
750.00
202637
11/14/2011
General Fund
Pac/Pasco /Production
MUSIC THEATRE INTERNATIONAL
4,326.40
Check Total:
4,326.40
202638
11/16/2011
General Fund
Refundable Deposits
Burke, Williams & Sorensen, LL
5,065.32
Check Total:
5,065.32
202639
11/16/2011
General Fund
Police /Vehicle Repai
Northbay Motorsport & Marine
150.00
AP - Checks for Approval ( 1 1/16/2011 - 10:10 AM ) Page 22
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 23
Check Total:
150.00
202640
11/16/2011
General Fund
Planning
/Contractual S
North Fork Associates
399.00
202640
11/16/2011
General Fund
Planning
/Contractual S
North Fork Associates
1,857.44
Check Total:
2,256.44
202641
11/16/2011
Utility Fund
Refuse Col Entr /Professional
Burke, Williams & Sorensen, LL
29,582.28
Check Total:
29,582.28
202642
11/16/2011
Utility Fund
Sewer Entr.
/Professional
Burke, Williams & Sorensen, LL
1,928.52
202642
11/16/2011
Utility Fund
Sewer Entr.
/Professional
Burke, Williams & Sorensen, LL
6,973.16
Check Total:
8,901.68
202643
11/16/2011
Utility Fund
Sewer Entr.
/Vehicle Repair
Municipal Maintenance Equipmen
608.70
Check Total:
608.70
202644
11/16/2011
Utility Fund
Sewer Ent/Collect
SystemRepair
Soiland Co., Inc.
3,633.93
Check Total:
3,633.93
202645
11/16/2011
Utility Fund
Sewer. Entr.
/Clothing Allow
Sunset Linen Service
22.70
Check Total:
22.70
202646
11/16/2011
Utility Fund
Water Entr.
/Miscellaneous
AMERICAN WATER WORKS ASSN.
406.00
Check Total:
406.00
202647
11/16/2011
Utility Fund
Water Entr.
/Spec Dept Equ
Bartley Pump, In.c
12,413.02
Check Total:
12,413.02
202648
11/16/2011
Utility Fund
Water Entr.
/Spec. Departm
BAY AREA BARRICADE SERVICE
161.83
Check Total:
161.83
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 23
Check Number Check Date Fund Name
Account Name Vendor Name Amount
202649 11/16/2011 Utility Fund Water Entr. /Professional Burke, Williams & Sorensen, LL
Check Total:
202650 11/16/2011 Utility Fund Water Entr. /Rent/Lease /Ta Dell Financial Services
202651
11/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
202651
11/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
202651
1 1/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
202651
11/16/2011
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
202651
11/16/2011
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
Check Total:
202652
11/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Home Depot Credit Services
202652
11/16/2011
Utility Fund
Water Entr. /Spec. Departm
Home Depot Credit Services
Check Total:
202653
11/16/2011
Utility Fund
Water Entr. /Spec. Departm
National Document Solutions, L
Check Total:
202654
11/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
202654
11/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
202654
11/16/2011
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
202655 11/16/2011 Utility Fund Water Entr. /Training & Ed RON PIMENTEL
Check Total
Check Total:
202656 11/16/2011 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials
Check Total:
202657 11/16/2011 Utility Fund Water Ent/Distrib SystemRepair Six Robblees' Inc.
AP - Checks for Approval ( 11/16/2011 - 10:10 AM )
1,026.00
1,026.00
3,343.33
3,343.33
66.59
502.99
63 8.3 8
54.13
67.98
1,330.07
7.57
254.95
262.52
36.13
36.13
694.89
757.98
-6.11
1,446.76
60.00
60.00
124.61
Page 24
124.61
37.00
Check Number Check Date Fund Name
202658 11/16/2011 Utility Fund
202659 11/16/2011 Utility Fund
202660 11/16/2011 Utility Fund
202661
202661
202661
202661
Account Name Vendor Name Amount
Water Entr. /Contractual S So Co Water Agency
Water /Clothing Allowance Sunset Linen Service
Water Ent/Distrib SystemRepair Syar Industries, Inc.
Check Total:
Check Total:
Check Total:
Check Total:
11/16/2011
General Fund
Animal Shelter Bldg/Facilty M
ABM Janitorial Services - Nort
11/16/2011
General Fund
Animal Shelter Bldg/Facilty M
ABM Janitorial Services - Nort
11/16/2011
General Fund
Burt/Ave Rec Cr Bldg/Facilty
ABM Janitorial Services - Nort
11/16/2011
General Fund
R.P. Comm. Cntr Bldg/Facilty
ABM Janitorial Services - Nort
Check Total
202662 11/16/2011 General Fund Finance /Contractual S Accountemps
Check Total:
202663 11/16/2011 General Fund Animal Shelter.Bldg/Facilty M Aramark Uniform Services
202663 11/16/2011 General Fund City Hall Bldg/Facilty Aramark Uniform Services
37.00
146,766.03
146,766.03
54.09
54.09
232.16
232.16
1,624.00
583.00
288.00
216.00
2,711.00
1,710.00
1,710.00
39.09
61.28
AP- Checks for Approval( 11/16/2011 - 10:10 AM) Page 25
Check Total:
100.37
202664
11/16/2011
General Fund
Data Processing /Telephone
AT &T
5,256.03
Check Total:
5,256.03
202665
11/16/2011
General Fund
Pac /Telephone
AT &T
5.20
202665
11/16/2011
General Fund
R.P. Gymnasium /Telephone
AT &T
5.20
202665
11/16/2011
General Fund
R.P. Comm. Cntr /Telephone
AT &T
5.21
202665
11/16/2011
General Fund
Sign/Telephone
AT &T
109.90
202665
11/16/2011
General Fund
R.P. Gymnasium /Telephone
AT &T
60.04
202665
11/16/2011
General Fund
Animal Shelter /Telephone
AT &T
30.00
AP- Checks for Approval( 11/16/2011 - 10:10 AM) Page 25
Check Number Check Date Fund Name Account Name Vendor Name Amount
202665
11/16/2011
General Fund
Data Processing /Telephone
AT &T
30.02
202665
11/16/2011
General Fund
Ps Main Station /Telephone
AT &T
16.25
202665
11/16/2011
General Fund
Publ Works Gen /Telephone
AT &T
29.64
202665
11/16/2011
General Fund
P/S Bldg -South /Telephone
AT &T
30.32
202665
11/16/2011
General Fund
P/S Bldg -North /Telephone
AT &T
29.97
202665
11/16/2011
General Fund
Ps Main Station /Telephone
AT &T
41.76
202665
11/16/2011
General Fund
P/S Bldg -North /Telephone
AT &T
6530
202665
11/16/2011
General Fund
Rec. Programs /Telephone
AT &T
14.38
202665
11/16/2011
General Fund
Ps Main Station /Telephone
AT &T
26.43
Check Total:
499.62
202666
11/16/2011
General Fund
Streets & Bike /Spec. Departm
The Barricade Company
83.65
202666
11/16/2011
General Fund
Streets & Bike /Spec. Departm
The Barricade Company
229.39
Check Total:
313.04
202667
11/16/2011
General Fund
Mini Bus /Vehicle Repai
Big O Tires
101.99
Check Total:
101.99
202668
11/16/2011
General Fund
Fire /Training & Ed
Steve Boggeri
117.00
Check Total:
117.00
202669
11/16/2011
Utility Construction Fund
Tank l &2 Ladders safety upgrade
BRELJE & RACE CONSULTING
7,460.00
Check Total:
7,460.00
202670
11/16/2011
General Fund
Animal Shelter Bldg/Facilty M
Buchanan Food Service
230.77
_
Check Total:
230.77
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
516.00
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
3,247.92
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
40,279.53
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
36,586.77
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
10,338.08
202671
11/16/2011
Capital Projects Fund
Southeast Dist. Specific Plan
Burke, Williams & Sorensen, LL
1,213.68
202671
11/16/2011
Capital Projects Fund
University Dist. Specific Plan
Burke, Williams & Sorensen, LL
156.00
202671
11/16/2011
General Fund
Rent Appeals Bd /Professional
Burke, Williams & Sorensen, LL
2,527.72
202671
11/16/2011
-General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
4,145.86
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 26
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Amount
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
5,755.36
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
507.00
202671
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
605.01
202671
11/16/2011
Capital Projects Fund
Wilfred- Dowdell Dist.Spec.Plan
Burke, Williams & Sorensen, LL
605.28
202671.
11/16/2011
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LL
1,828.32
202671
11/16/2011
Capital Projects Fund
Sonoma Mtn Village Project
Burke, Williams & Sorensen, LL
2,740.40
202671
11/16/2011
Capital Projects Fund
09 American Recov Act St Maint
Burke, Williams & Sorensen, LL
214.76
Check Total:
111,267.69
202672
11/16/2011
General Fund
Animal Control/Medications
Butler Schein Animal Health Su
484.34
202672
11/16/2011
General Fund
Animal Control/Medications
Butler Schein Animal Health Su
24.73
202672
11/16/2011
General Fund
Animal Control/Medications
Butler Schein Animal Health Su
303.57
202672
11/16/2011
General Fund
Animal Control/Medications
Butler Schein Animal Health Su
336.62
202672
11/16/2011
General Fund
Animal Control/Medications
Butler Schein Animal Health Su
37.35
202672
11/16/2011
General Fund
Animal Control/Medications
Butler Schein Animal Health Su
234.19
Check Total:
1,420.80
202673
11/16/2011
General Fund
Police /Contractual S
CA Department of Justice
395.00
202673
11/16/2011
General Fund
Personnel /Recruitment/F
CA Department of Justice
160.00
Check Total:
555.00
202674
11/16/2011
General Fund
R.P. Comm. Cntr /Contractual S
Masayo Carmel
18.85
Check Total:
18.85
202675
11/16/2011
General Fund
R. P. Comm. Cntr /Contractual S
Michele Carter
48.75
Check Total:
48.75
202676
11/16/2011
General Fund
Transient Occupancy Tax
Eve Casey
512.82
Check Total:
512.82
202677
11/16/2011
Capital Projects Fund
University Dist. Specific Plan
Clearwater Hydrology
11,843.00
Check Total:
11,843.00
202678
11/16/2011
General Fund
Police /Uniforms
The Cobbler
196.61
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 27
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Amount
Check Total:
196.61
202679
11/16/2011
General Fund
Planning /Contractual S
Code Source
2,418.00
202679
11/16/2011
'General Fund
Planning /Contractual S
Code Source
1,259.25
Check Total:
3,677.25
202680
11/16/2011
General Fund
R.P. Gymnasium Bldg/Facilty
Comcast
66.65
202680
11/16/2011
General Fund
R.P. Comm. Cntr Bldg/Facilty
Comcast
13.40
202680
11/16/2011
General Fund
Pac /Telephone
Comcast
13.40
Check Total:
93.45
202681
11/16/2011
General Fund
Fire /Contractual S
Community Economic Solutions
777.00
Check Total:
777.00
202682
11/16/2011
General Fund
Non - Department /Advertising/P
The Community Voice
585.00
202682
11/16/2011
General Fund
Community Event/Spec. Dep
The Community Voice
500.00
202682
11/16/2011
General Fund
Non - Department /Advertising /P
The Community Voice
214.50
202682
11/16/2011
General Fund
Non - Department /Advertising/P
The Community Voice
195.00
Check Total:
1,494.50
202683
11/16/2011
General Fund
Data Processing /Software Main
COMPUCOM
172.52
Check Total:
172.52
202684
11/16/2011
General Fund
City Hall Bldg/Facilty
Department of Industrial Relat
225.00
Check Total:
225.00
202685
11/16/2011
General Fund
Street Lighting /Spec. Departm
DIGITAL PRINTS & IMAGING
47.07
Check Total:
47.07
202686
11/16/2011
General Fund
R.P. Comm Cntr /Contract Classe
Sarah Drake
20.87
Check Total:
20.87
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 28
Check Number Check Date Fund Name Account Name Vendor Name Amount
202687
11/16/2011
General Fund
Ps Main Station/Fac Maint/Non-
First Alarm Sercurities Servic
99.00
202687
11/16/2011
General Fund
Center Bldg /Facilty
First Alarm Sercurities Servic
84.00
Check Total:
183.00
202688
11/16/2011
General Fund
City Hall /Office Supplie
First Choice
79.25
Check Total:
79.25
202689
11/16/2011
General Fund
R.P. Comm. Cntr /Contractual S
Robert Flannery
283.20
Check Total:
283.20
202690
11/16/2011
General Fund
Animal Control /Spec. Departm
Frizelle -Enos Company
170.17
202690
11/16/2011
General Fund
Animal Control /Spec. Departm
Frizelle -Enos Company
-13.55
Check Total:
156.62
202691
11/16/2011
General Fund
Theatre /Spec. Departm
Grainger, Inc.
292.47
202691
11/16/2011
General Fund
Theatre /Spec. Departm
Grainger, Inc.
120.10
202691
11/16/2011
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
217.27
202691
11/16/2011
General Fund
R.P. Comm. Cntr/Fac Maint/Non-
Grainger, Inc.
101.34 .
202691
11/16/2011
General Fund
R.P. Comm. Cntr/Fac Maint/Non-
Grainger, Inc.
48.17
202691
11/16/2011
General Fund
R.P. Gymnasium /Bldg /Facilty
Grainger, Inc.
17.15
202691
11/16/2011
General Fund
R.P. Gymnasium Bldg/Facilty
Grainger, Inc.
1.15
Check Total:
797.65
202692
11/16/2011
General Fund
Animal Control /Shelter Food
Hill's Pet Nutrition Sales, In
126.33
202692
11/16/2011
General Fund
Animal Control /Shelter Food
Hill's Pet Nutrition Sales, In
91.14
Check Total:
217.47
202693
11/16/2011
General Fund
Pac /Facility Repa
Home Depot Credit Services
123.62
202693
11/16/2011
General Fund
Burt/Ave Rec Cr/Fac Maint/Non-
Home Depot Credit Services
60.73
202693
11/16/2011
General Fund
Non- Department /Community Pro
Home Depot Credit Services
117.77
202693
11/16/2011
General Fund
Park Maint /Spec. Departm
Home Depot Credit Services
5.95
202693
11/16/2011
General Fund
Community Event/Spec. Dep
Home Depot Credit Services
21.37
202693
11/16/2011
General Fund
R.P. Comm. Cntr Bldg/Facilty
Home Depot Credit Services
21.66
202693
11/16/2011
General Fund
R.P. Gymnasium /Bldg/Facilty
Home Depot Credit Services
81.30
202693
11/16/2011
General Fund
Non- Department /Community Pro
Home Depot Credit Services
130.18
202693
11/16/2011
General Fund
Animal Control /Spec. Departm
Home Depot Credit Services
-5.39
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 29
Check Number Check Date Fund Name Account Name Vendor Name Amount
202693
11/16/2011
General Fund
Animal Control /Spec. Departm
Home Depot Credit Services
65.35
Check Total:
622.54
202694
11/16/2011
General Fund
PW- Landscape /Landscape Sup
Horizon Distributors Inc.
65.88
Check Total:
65.88
202695
11/16/2011
General Fund
R.P. Comm. Cntr /Contractual S
Bettyjane Hotaling
3,100.50
Check Total:
3,100.50
202696
11/16/2011
General Fund
Animal Control/Medications
IDEXX Distribution, Inc.
114.85
Check Total:
114.85
202697
11/16/2011
General Fund
City Hall Bldg/Facilty
InfoStor
30.00
Check Total:
30.00
202698
11/16/2011
General Fund
Animal Control /Contractual S
Koefran Industries
400.00
Check Total:
400.00
202699
11/16/2011
General Fund
Police /C /O- Communica
L.C. ACTION POLICE SUPPLY
624.10
Check Total:
624.10
202700
11/16/2011
General Fund
Rec Ref Clearing
Charles Laird
106.00
Check Total:
106.00
202701
11/16/2011
General Fund
Police /Contractual S
Language Line Services
8.36
Check Total:
8.36
202702
11/16/2011
General Fund
Non- Department /Travels & Mee
Elizabeth Lidster
49.40
Check Total:
49.40
202703
11/16/2011
General Fund
Fire /First Aid Supp
Life Assist, Inc.
154.95
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 30
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 31
Check Total:
154.95
202704
11/16/2011
General Fund
Business Licenses
Matchbox Diner
65.00
Check Total:
65.00
202705
11/16/2011
General Fund
Animal Control/Medications
Matheson Tri -Gas, Inc.
37.10
202705
11/16/2011
General Fund
Animal Control/Medications
Matheson Tri -Gas, Inc.
38.12
Check Total:
75.22
202706
11/16/2011
General Fund
Police /Spec. Deparhn
METRO PCS
50.00
Check Total:
50.00
202707
11/16/2011
General Fund
General Sales Tax
MuniServices, LLC
500.00
Check Total:
500.00
202708
11/16/2011
General Fund
Police Nehicle Repai
Nardsons Enterprises, Inc.
80.00
202708
11/16/2011
General Fund
Publ Works Gen Nehicle Repai
Nardsons Enterprises, Inc.
20.00
Check Total:
100.00
202709
11/16/2011
General Fund
Police /Office Supplie
National Document Solutions, L
718.81
Check Total:
718.81
202710
11/16/2011
General Fund
Police / Cell Phone
Sprint/ Nextel Communications
390.57
Check Total:
390.57
202711
11/16/2011
General Fund
Pac/Pasco /Advertising/P
North Bay Bohemian
254.89
Check Total:
254.89
202712
11/16/2011
Capital Projects Fund
Northeast Dist. Specific Plan
North Fork Associates
2,644.76
Check Total:
2,644.76
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 31
Check Number Check Date Fund Name Account Name Vendor Name Amount
202713
11/16/2011
General Fund
Building Permit Fees
Northbay Permit Services
38.15
202713
11/16/2011
General Fund
Building Permit Fees
Northbay Permit Services
38.15
202713
11/16/2011
General Fund
Building Permit Fees
Northbay Permit Services
38.15
202713
11/16/2011
General Fund
Building Permit Fees
Northbay Permit Services
38.15
Check Total:
152.60
202714
11/16/2011
General Fund
Non - Department /Audit Fees
Odenberg Ullakko Muranishi
& C
6,456.00
Check Total:
6,456.00
202715
11/16/2011
General Fund
Non - Department /Professional
Office Depot
38.35
Check Total:
38.35
202716
11/16/2011
General Fund
Fire /Vehicle Repai
Opperman & Son, Inc.
2,819.28
202716
11/16/2011
General Fund
Fire /Vehicle Repai
Opperman & Son, Inc.
2,900.00
Check Total:
5,719.28
202717
11/16/2011
General Fund
Non - Department /Self - Insured
Pace Supply
2,771.09
202717
11/16/2011
General Fund
Non- Department /Self - Insured
Pace Supply
329.84
Check Total:
3,100.93
202718
11/16/2011
General Fund
Business Licenses
PASTA KING
65.00
Check Total:
65.00
202719
11/16/2011
General Fund
Rec Ref Clearing
Mace Patka
12.31
Check Total:
12.31
202720
11/16/2011
General Fund
Planning /Auto Allowanc
RICK PEDRONCELLI
17.31
Check Total:
17.31
202721
11/16/2011
General Fund
Sports Center /Pro Shop Purc
Pepsi -Cola
530.50
Check Total:
530.50
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 32
Check Number Check Date
Fund Name
Account Name
Vendor Name
Amount
202722
11/16/2011
General Fund
Non -Dept Leases /Transfer Out
PNC Equipment Finance
7,809.42
Check Total:
7,809.42
202723
11/16/2011
General Fund
Police /Travels & Mee
Patty Poon
20.16
Check Total:
20.16
202724
11/16/2011
General Fund
Pac/Pasco /Advertising/P
The Press Democrat
1,509.26
202724
11/16/2011
General Fund
Non - Department /Advertising /P
The Press Democrat
339.91
Check Total:
1,849.17
202725
11/16/2011
General Fund
Publ Works Gen /Gas & Oil
Redwood Coast Petroleum
1,135.42
202725
11/16/2011
General Fund
Publ Works Gen /Gas & Oil
Redwood Coast Petroleum
986.04
202725
11/16/2011
General Fund
Publ Works Gen /Gas & Oil
Redwood Coast Petroleum
306.86
202725
11/16/2011
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
796.42
202725
11/16/2011
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
834.85
202725
11/16/2011
General Fund
Publ Works Gen /Gas & Oil
Redwood Coast Petroleum
1,290.20
202725
11/16/2011
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
837.54
Check Total:
6,187.33
202726
11/16/2011
General Fund
Park Maint /Spec. Departm
Redwood Lock & Key
2.21
Check Total:
2.21
202727
11/16/2011
General Fund
City Hall /Fac Maint/Non-
Refrigeration Supplies Distrib
81.23
Check Total:
81.23
202728
11/16/2011
General Fund
Non - Department /Self - Insured
Republic ITS Inc
1,980.00
Check Total:
1,980.00
202729
11/16/2011
General Fund
Fire PreventionBooks/Pamphle
Rincon Valley FPD
133.60
Check Total:
133.60
202730
11/16/2011
General Fund
Rec Ref Clearing
Marbella Salgado
400.00
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 33
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 34
Check Total:
400.00
202731
11/16/2011
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
14.79
202731
11/16/2011
General Fund
Publ Works Gen Nehicle Repai
Santa Rosa Auto Parts
114.12
202731
11/16/2011
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
60.57
Check Total:
189.48
202732
11/16/2011
General Fund
Police /Uniforms
Santa Rosa Uniform & Career Ap
196.28
202732
11/16/2011
General Fund
Police /Uniforms
Santa Rosa Uniform & Career Ap
108.39
Check Total:
304.67
202733
11/16/2011
General Fund
Streets & Bike /Spec. Departm
Shamrock Materials
29.77
Check Total:
29.77
202734
11/16/2011
General Fund
Mark Sharp
129.80
Check Total:
129.80
202735
11/16/2011
General Fund
Streets & Bike /Spec. Departm
Six Robblees' Inc.
123.04
Check Total:
123.04
202736
11/16/2011
General Fund
Finance /Travels & Mee
Angela D. Smith
32.94
202736
1.1/16/2011
General Fund
Angela D. Smith
400.00
Check Total:
432.94
202737
11/16/2011
General Fund
Publ Works Gen /Clothing Allo
Sunset Linen Service
112.58
Check Total:
112.58
202738
11/16/2011
General Fund
Streets & Bike /Spec. Departm
Syar Industries, Inc.
102.19
Check Total:
102.19
202739
11/16/2011
General Fund
Police Nehicle Repai
Tire Distribution Systems, Inc
447.81
AP - Checks for Approval ( 11/16/2011 - 10:10 AM) Page 34
Check Number Check Date Fund Name Account Name Vendor Name Amount
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 35
Check Total:
447.81
202740
11/16/2011
General Fund
Planning /Spec. Departm
Trope Group
1,031.91
Check Total:
1,031.91
202741
11/16/2011
General Fund
R.P. Comm. Cntr /Contractual S
Pat Tyler
163.80
Check Total:
163.80
202742
11/16/2011
General Fund
Data Processing /Equipment Leas
The UPS Store
945.31
Check Total:
94531
202743
11/16/2011
Capital Projects Fund
Sonoma Mtn Village Project
Vargas Greenan Architecture
500.00
Check Total:
500.00
202744
11/16/2011
General Fund
Rec Ref Clearing
Wendy Velazquez
200.00
Check Total:
200.00
202745
11/16/2011
General Fund
Data Processing /Contractual S
Vision Internet Providers, Inc
220.50
Check Total:
220.50
202746
11/16/2011
General Fund
Streets & Bike /Spec. Departm
Western Highway Products
543.82
Check Total:
543.82
202747
11/16/2011
General Fund
Community Event.Contracts
Gary Young
200.00
Check Total:
200.00
202748
11/16/2011
Utility Fund
Refuse Col Entr /Professional
Burke, Williams & Sorensen, LL
12,921.00
Check Total:
12,921.00
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 35
Check Number Check Date Fund Name Account Name Vendor Name Amount
Report Total: 1,821,686.02
AP - Checks for Approval ( 11/16/2011 - 10:10 AM ) Page 36
,-
{This section for City Clerk Use Only}
Agenda Packet Preparation T1MELlNES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
· Resolutim1s (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
· Agenda items to City Manager via emai] for his review and responding "emai] authorization",
synchronized with above timefi'ame of Assistant City Attorney review, and an emaj] copy to
the City Clerk for drafting agendas
· Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & ] 8 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
· Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
· Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municioal Code Section 2,08,020 and related Resolution No, 2008- 1 73
11/22/11 City Council Agenda
ITEM NO. 7.e1
RESOLUTION NO. 2011-110
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,20] ]
Department:
Human Resources
Submitted By:
Theresa Smith, Human Resources Analyst
Submittal Date:
November] 5, 20] ]
Agenda Title:
Rescinding lncentive Program To Attract Highly-Qualified Sworn
Personnel for the Department of Public Safety
Requested Council Action: Approve Resolution
Summary: Starting in 2006, the City Council approved an incentive program to assist in our recruitment
efforts to hire lateral police officers. The program provided new-hire lateral officers with
additional paid leave based on their years of POST experience. At the time, the program
helped us provide competitive salary and benefits and we were successful hiring lateral
officers. In these challenging economic times and given the current labor market, it is no
longer necessary for the City to provide this additional paid leave time as incentive to come
to work for our agency. In addition, under the new memorandums of agreement with the
bargaining units, the City has instituted an Annual Leave Program, which replaces vacation
accruals and sick leave accruals referenced in the incentive program. Staff recommends
Resolution 2008-176, which made the Incentive Program permanent, be rescinded. This is in
keeping with th,e City's goal of reducing overall personnel costs.
Enclosures: Resol. No. 20] ] -] 10 and Resol. 2008-] 76 (forreference)
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney,
CITY MANAGER'S RECOMMENDATION: (X) Consent Item
(X) Approva] ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Detennination by Council
( ) City Comments:
( ) Regular Item
Per City Manager's review and direction for distribution of this agenda item.
(Revised 031309) JH:TG-S:05-b
RESOLUTION NO. 2008-176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO IMPLEMENT AN INCENTIVE
PROGRAM TO ATTRACT HIGHLY QUALIFIED SWORN PERSONNEL OF THE
DEPARTMENT OF PUBLIC SAFETY
WHEREAS, along with all local government jurisd~ctions, the City of Rohnert
! Park must increase its efforts to attract qualified public safety officers;
WHEREAS, attracting highly qualified public safety officers are critical to the
safety of the community;
WHEREAS, in order to attract qualified officers, the City must compete with
incentives similar to other jurisdiction;
WHEREAS, the City Will implement a vacation and sick leave incentive program
("Incentive Program") to attract veteran officers who have accrued significant leave
accruals attherr current departments;
WHEREAS, the City will offer the following Incentive Pro~am to attract
qualified lateral public safety officers;
Officer with 2-3 years of California P.D.S.T. experience
. 110 hours of vacation
. 120 hours of sick leave
Officer with 4-5 years of CalifomiaP.O;S.T. experience
. 126 hours of vacation
. 180 hours of sick leave
Officer with 6-9 years of California P.O.S.T. experience
. 1 SO hours of vacation
. 240 hours of sick leave
Officer with 10+ years of California P.O.S.T. experience
. 174 hours of vacation
. 300 hours of sick leave
WHEREAS, the Incentive Program will also grant the City Manager the
discretion to recognize years of California P.D.S.T. service when establishing a lateral
officer;s rate of accrual of vacation hours;
.WHEREAS, this one-time incentive award will not be considered earned
compensation in the form of accrued vacation or sick leave and officers released from
probation would not be entitled to compensation for this unearned compensation; .
WHEREAS, reference to California P.O.S.T. (Peace Officer Standards and
Training) means continuous employment as a full-time sworn officer with another
Califomia-Law Enforcement Agency;
. WHEREAS, this use of vacation and sick leave will be provided upon hire;
however, all use of such leave will be in accordance of existing personnel rules and
regulations;
NOWTHEREFORE, BE IT RESOLVED, by the City Council ofthe City of
Rohnert Park that the City Manager is authorized to implement this Incentive Program.
DULY AND REGULARLY ADOPTED by the City Council of the City of
Rohnert Park this 10th day of November 2008. .
. CITY OF ROHNERT PARK
.J~~
Mayor '
ATTEST:
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK-MARTINEZ: ABsENT MACKENZIE: AYE
AYES: (4). NOES: .(0) ABSENT: (1). ABSTAIN: (0)
I"
{This section for City Clerk Use Only}
Agenda Packet Preparation TIMELlNES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
· Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding "emaiJ authorization",
synchronized with above timefTame of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008- I 73
11/22/11 City Council Agenda
ITEM NO. 7.C.2
RESOLUTION NO. 2011-111
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,2011
Department:
Administration
Submitted By:
Terri Griffin, City Clerk
Submittal Date:
November 10,2011
Agenda Title:
Website Usage and Privacy Policy
Requested Council Action: Approve a Resolution Adopting a Website Usage and Privacy
Policy
BACKGROUND
The City of Rohnert Park currently operates two Internet web sites (www.rpcity.org and
www.rpanimalshelter.org), which provide residents, visitors, businesses, and interested persons
with information regarding City departments, services, programs, events, and activities. The City
websites also provide links to external resources and agencies that serve City residents and
businesses.
The proposed Website Usage and Privacy Policy is intended to: (l) establish guidelines for the
operation, and administration of City websites; (2) ensure that City websites remain non-public
forums maintained for the exclusive use and control of the City in communicating matters of
general public interest; and (3) provide privacy and security measures to protect information
under the City's control.
ANALYSIS
Purpose of City Websites
The City provides websites as a public service to provide timely information regarding City
services, officials, activities, news, and events. City websites are not intended to serve as public
forums for debate or discussion of City issues or topics, but rather are intended for the exclusive
use of the City in providing information of general public interest. The proposed policy seeks to
ensure that City websites are maintained as non-public forums, reserved for the exclusive use
and control of the City for the purpose of one-way communication to website users.
External Linl{s
It has long been the City's practice to consider the relevance and appropriateness of external
links placed on City websites. External links, or "hyperlinks," are defined as a link from the City
website to a website maintained by a third party. The proposed policy establishes criteria for
determining whether an external link is appropriate for City websites. Under the terms of the
proposed policy, the City Manager or his designee may approve links to:
I. Other governmental agencies serving Rohnert Park residents and businesses;
2. Educational institutions as described in the Education Code that serve Rohnert Park
residents;
3. Museums, public libraries, historical organizations, or other valid non-profit or community
service organizations serving Rohnert Park residents;
4. Events sponsored by employee labor organizations that are held within the City of Rohnert
Park and are open to members of the public;
4. Public utilities that serve the City;
5. Private enterprise sites that provide web-based automated solutions for use by the City; and
6. Organizations that (a) have a direct contractual relationship with the City and (b) either
receive City funding or donate to City in the fonn of either monetary or in-kind contributions
that promote the economic and cultural development of the City; and
7. Such other entities and/or organizations that the City Manager deems appropriate for
purposes of economic development.
The proposed policy also specifically prohibits external links that contain profane language or
content, discriminatory content, sexual content, commercial speech, content that encourages
illegal activity, content supporting or opposing political campaigns or ballot measures, content
that violates a legal ownership interest (i.e. copyrighted material), and content that is personal in
nature (such as blogs and chat groups).
The final decision whether an external link is appropriate for a City website lies with the City
Manager or his designee.
Privacy and Security Measures
The proposed policy states the City's commitment to maintain the privacy of individuals who
utilize City websites to the extent authorized by law. The proposed policy further advises users
of City websites that personal information submitted via City websites may be disclosable under
certain conditions or in response to a request for public records. In addition, the proposed policy
contains security measures to protect personal identification information under the City's control
and defines how the City will manage information provided by website users through email,
subscription lists, and other website communications.
Other Provisions and Disclaimers
The proposed policy reiterates the City's commitment to comply with the Americans with
Disabilities Act in providing reasonable accommodation to individuals with disabilities and to
design City websites in compliance with U.S. Section 508 accessibility guidelines. The proposed
policy also disclaims responsibility for external link content, product endorsement, and liability
for improper or incorrect information on City websites.
FISCAL IMPACT
This policy has no fiscal impact.
CONCLUSION
The proposed Website Usage and Privacy Policy will formally establish the intended purposes of
City websites, establish guidelines for external links tothird party websites, provide privacy and
security measures to protect information under the City's control, and provide legal disclaimers
to users of the websites. Upon approval by the Council, the City's Website Usage and Privacy
Policy will be posted on City websites and distributed to all staff responsible for posting content
on City websites.
Enclosures: Resolution
Draft Website Usage and Privacy Policy
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: (X) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
( ) Regular Item
Per City Manager's review and direction for distribution of this agenda item.
(Revised 031309) JH:TG-S:05-b
RESOLUTION NO. 2011-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING A WEB SITE USAGE AND PRIVACY POLICY
WHEREAS, the City operates and administers the official City web site at www.rpcity.org,
which is designed to provide residents, visitors, businesses, and interested persons information
regarding City departments, services, programs, events, and activities; and
WHEREAS, the City also operates and administers a website at www.rpanimalshelter.org to
promote the services, activities and programs offered by the Rohnert Park Animal Shelter; and
WHEREAS, the City may in the future develop, operate, and administer other web sites for the
promotion of City services, activities, programs and events; and
WHEREAS, the Website Usage and Privacy Policy is intended to establish regulations for the
development, operation, and administration of City websites; ensure that City web sites remain non-
public forums maintained for the exclusive use and control of the City in communicating matters of
general public interest; and provide privacy and security measures to protect information under the
City's control.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
that it adopts the Website Usage and Privacy Policy attached hereto as Exhibit "A."
nUL Y AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
22nd day of November, 2011.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
POLICY NO.
RESO. NO.
EFF. DATE PAGE 1 OF 5
WEBSITE USAGE AND PRIVACY POLICY
PURPOSE
The City of Rohnert Park ("City") provides websites as a public service to provide
information about City departments, services, officials, news, and events. These
websites are a supplement to, and not a replacement for, information available from City
offices. The City exclusively controls the content of all City websites and reserves the
right to determine what information shall and shall not be . aced on these websites. City
websites are a public information resource that gives a, level overview of the
organizational mission, structure, and operation.
A.
ot become public forums
've use of the City in
The purpose of this Policy is to ensure that Cit
or limited public forums, but rather are maint .
communicating matters of general public i
") to extern
s shall be poste at the City's
t of third parties. The City
individual links to third party
it recommendations to
istent with the purposes
r designee shall review all
c links, shall publish links only
e categories described below; and/or
licy as stated above. No external links
the City is not responsible for, the
ernallink is not intended to create a
on any ortion of a City website. If the City
ne of its websites, the City alone shall determine
d on its websites.
1. The City her designee may approve links within the following
categories:
a. The State nia, the federal government or any other governmental
agency servi . ohnert Park residents and businesses;
b. Educational institutions as defined in the Education Code that serve the
Rohnert Park residents;
c. Museums, public libraries, historical organizations, or other legally
established non-profit or community service organizations serving Rohnert
Park residents;
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
POLICY NO.
RESO. NO.
EFF. DATE PAGE 2 OF 5
WEBSITE USAGE AND PRIVACY POLICY
f.
d. Events sponsored by employee labor organizations that are held within the
City of Rohnert Park and are open to members of the public;
e. Public utilities that serve the City (e.g. cable company, refuse company,
electric company, etc.);
Links to corporate or company sites that provide web-based automated
solutions specifically designed for use by the City and/or the public through
City websites (e.g. online utility bill payment so are). These applications
may be hosted internally or externally;
g. Organizations that (a) have a direct contr
(b) either receive City funding or donat
or in-kind contributions that promote th
of the City; and
h. Such other entities and/or organ ... ns that the CI
,;!;! ~ i i I: i! i;! i; I:,: i l,:)'
appropriate for purposes of ed''''''''''':' 'c development.
elationship with the City and
the form of either monetary
and cultural development
2. The City Manager or his/her designee s
contain:
a.
b.
bsites that
iscrimination on the basis of
tus, status with regard to
I disability, sexual
or federal law;
ent;
ure commercial speech
ctivity;
o political campaigns or ballot
e safety or security of the public or public
h.
I.
ees;
s a Ie wnership interest of any other party;
nal in nature and/or operated by individuals (including
s.); and/or
t comply with the intent of this Policy.
J.
B. Privacy
The City is committed to protecting the privacy of the individuals utilizing the City
websites. However, personal information submitted to the City websites may be
subject to disclosure pursuant to various California laws, including, but not limited to,
the Information Practices Act of 1977 (Civil Code Section 1798 et seq.), the
California Civil Discovery Act of 1986 (Code of Civil Procedure Sections 2016-2036),
the California Public Records Act (Government Code Section 6250 et seq.),
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
POLICY NO.
RESO. NO.
EFF. DATE PAGE 3 OF 5
WEBSITE USAGE AND PRIVACY POLICY
Government Code Sections 11015.5 and 11019.9, and with other applicable laws
pertaining to information privacy. The City may share such information with other
government agencies: (1) if the information relates to that agency; (2) to protect the
interests of others; (3) to protect and defend the rights or property of the City; or (4)
as otherwise provided by state or federal law.
As a governmental agency, the City is governed by C~,l,ifornia's open records laws. It
is important for users of City websites to understang!!iil~~t;most business conducted
with the City, as well as with state and county go'/;; nts, becomes a public
record. Public records subject to disclosure, a 'iti',,;!h; Y state law, may be posted
for electronic access through City websites. orma';' on City websites is public
information.
t
, including copyrights and rights to
all text, material, images and/or
City websites, belong to the
ts. Th wns all other intellectual and proprietary
ts and nghts to service marks and trademarks, as
ols, emblems, and any and all other images,
'als cr d by or on behalf of the City that appear on or
ity website. No person or entity shall: modify and or use
website content from a web server; distribute the City's
ity's information on a non-City server without written
anager or his/her designee.
E. E-mail, E-mail Subscription Lists and Communication with the City
Information that allows for the personal identification of a website user contained in a
communication sent to the City in an e-mail message or in an online form submitted
to the City will be used by the City to respond to the request. The City may redirect
the message to another City department or person who is in a better position to
answer the question. City websites may provide users the opportunity to subscribe
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
POLICY NO.
RESO. NO.
EFF. DATE PAGE 4 OF 5
WEBSITE USAGE AND PRIVACY POLICY
to and unsubscribe from informational e-mailing lists. E-mail addresses will only be
used by the City to send messages related to categories of information requested by
the subscriber. To the extent authorized by law, information from email subscription
lists that allows for the personal identification of a website user shall be kept private
if the individual submitting the information has indicated a wish that the information
remain private. E-mail addresses are not, and shall not be, visible or available to
other list members. Communication made through Cit websites shall in no way be
deemed to constitute legal notice to the City or any departments, officers,
employees, agents, or representatives, with resp J ny existing or potential claim
or cause of action against the City or any of it. nts, officers, employees,
agents, or representatives, where notice to . tiP i",...;.,y,ired by any federal, state
or local laws, rules, or regulations. The Ci I';:' ,i es not acCf'!' ervice of notice or
process through its website.
F. Links Disclaimer
City websites also contain link
privacy practices of such oth
statements of each and every
information. This privacy state
websites.
acy or completeness of any
the Ci ebsites. By using City
ts that the City is not responsible for any
. ble for any inaccurate, defamatory,
'!!in.: bsites, and that the risk of injury or
down-, "':'::'ii.,r,90r storing such materials rests entirely
'nions of tne authors of documents published on or
sarily state or reflect the opinion, policy or
H. Disclaimer 0 t
Reference in a to any specific commercial product, process, or service
by trade name, tra , manufacturer or otherwise, does not constitute or imply
an endorsement, rec endation, or favoring by the City. The views and opinions
of the authors of documents published on City websites do not necessarily state or
reflect the opinion of the City, and shall not be used for advertising or product
endorsement purposes.
I. Disclaimer of Liability
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT
POLICY NO.
RESO. NO.
EFF. DATE PAGE 5 OF 5
WEBSITE USAGE AND PRIVACY POLICY
The City shall not be held liable for any improper or incorrect use of the materials or
information contained on this site and assumes no responsibility for any user's use
of them. In no event shall the City be liable for any damages, whether direct, indirect,
incidental, special, exemplary or consequential (including, but not limited to,
business interruption or loss of use, data, or profits) regardless of cause, and on any
theory of liability, whether in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the use of this site r the materials and
information contained on this site, even if advised 0 ossibility of such damage.
This disclaimer of liability applies to any damage ry, including but not limited
to those caused by any failure of performance ission, interruption, deletion,
defect, delay, computer virus, communicati heft, or destruction of
data, whether for breach of contract, tort . ence, or under any
other cause of action.
,.....-...i:._
Agenda Packet Preparation TIMELlNES for Regular City Couricil Meetings.
held on the 2nd & 4th Tuesdays of each month:
.. Resolutions (other than standard formats for authorizations and approvals), Ordinances
& Agreements to Assistant City Attorney via email to review for "approvals as to form"
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates
.. Agenda Hems with related attachments via email to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting dates
.. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no
later than Tuesday mornings One (1) week prior to Council meeting dates
.. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Wednesday afternoons One (1) week prior to Council meeting dates for compliance
with Rohnert Park Municipal Code Section 2.08.050
{This section for City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 8.C
ORDINANCE NO. 840
(Adoption)
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,201 I
Department:
Development Services
Submitted By:
Patrick Barnes, P.E., Deputy City Engineer
Submittal Date:
November 15,201 I
Agenda Title:
Update of Public Facilities (PF) Fees and Replacement of Separate Sewer
Capacity Charges with Integrated PF Fee
Requested Council Action:
1. Waive Second Reading and Adopt Ordinance 840 Amending Chapters 3.28 (Public
Facilities Fees) and 13.26 (Sewer Laterals) and Repealing Chapter 13.4 (Sewer Capacity
Charges) of the Rohnert Park Municipal Code.
Summary: The City's General Plan policies require new development to mitigate the impacts of
growth on the City's various infrastructure and service systems. The Public Facilities Finance
Plan (PFFP), as implemented by the Public Facilities Fee (PF Fee) program and Sewer Capacity
Charge Program are tools the City currently uses to implement these policies.
On November 8, 2011, the Council considered and adopted the 2011 Update to the Public
Facilities Finance Plan (2011 Update).. The 2011 Update included modifications to the land
uses, infrastructure and costs included in the PFFP. These changes reflect the City's most current
plans around new development. The 2011 Update also consolidated the PF Fee Program and the
Sewer Capacity Charge Program into a single PF Fee program. This consolidation improves both
transparency and flexibility within the PF Program. Finally, the 2011 Update identified ways to
reduce the costs of the PF Program which results in a reduction in the overall costs of mitigating
new impacts, and therefore a reduction in fees charged to new development.
In order to implement the approved 2011 Update, Council will need to make changes to Chapters
3.28, 13.26 and 13.4 of the Municipal Code, which govern the administration of the current PF
Fee and Sewer Capacity Charge Programs. Ordinance 840 makes these changes.
On November 8, 2011, the Council introduced Ordinance 840 and held a public hearing. No
comments were received from the public on the Ordinance. At this time, staff is requesting
Council to hold the second reading and adopt Ordinance 840, which will allow for the
implementation of the updated PFFP, consistent with Council's previous approval of the updated
PFFP.
Enclosures:
Ordinance 840 Amending Chapters 3.28 (Public Facilities Fees) and 13.26 (Sewer Laterals) and Repealing Chapter l3.4
(Sewer Capacity Charges) of the Rohnert Park Municipal Code.
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(x) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(x) Regular Time
ORDINANCE NO. 840
AN ORDINANCE AMENDING CHAPTERS 3.28 (PUBLIC FACILITIES FEES)
AND 13.26 (SEWER LATERALS) AND REPEALING
CHAPTER 13.40 (SEWER CAPACITY CHARGES) OF
THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City Council has received and reviewed the report entitled 2011
Update to the Public facilities Finance Plan (2011 Update) prepared by the firm of
Winzler & Kelly, dated October 2011, and
WHEREAS, the City Council held a hearing to consider the information set forth
in the 2011 Update, and considered all public comment, and adopted Resolution No.
2011-109; and
WHEREAS, Chapter 3.28 of the Rohnert Park Municipal Code sets forth a public
facilities fee program to mitigate the impacts caused by new and anticipated development
identified in the City's General Plan; and
WHEREAS, among the fees charged to new development to ensure that it pays
its full proportionate share of the cost of providing public facilities at city standards are
the sewer capacity fees charged for new connections to the city's sewer system, which
are set forth in Chapter 13.40; and
WHEREAS, sewer capacity fees have been classified by the State of California
as development impact fees and are now regulated under Government Code sections
66000, and following, in a manner similar to the other fees which make up the Public
Facilities Fees in the City; and
WHEREAS, the 2011 Update analyzed sewer capacity fees as part of the Public
Facilities Finance Plan; and
WHEREAS, the City Council has determined that sewer capacity fees should be
integrated into the Public Facilities Fees set forth in Chapter 3.28;
NOW, THEREFORE, the City Council of the City of Rohnert Park does find
and determine that:
Section 1. The new Public Facilities Fee rates recommended in the 2011 Update bear
a reasonable relationship between the amount of the fee for each development project and
the and cost of the public facility, or portion of the public facility, attributable to the
development on which the fee is imposed.
Section 2. The adoption of this ordinance is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
Ordinance No. 840
(Page 1 of 10)
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain
as follows:
Section 3.
entirety.
Chapter 13.40 of the Rohnert Park Municipal Code is repealed in its
Section 4. Funds collected by the City under Chapter 13.40 and still held at the time
of its repeal shall be administered in conformance with state law governing sewer
capacity fees and accounted for separately until such time as they have been spent as
authorized under that law.
Section 5.
Section 3.28.010 is to read in its entirety as follows:
3.28.010 - Purpose and Intent.
Section 6.
The purposes and intent of this chapter are as follows:
A.
To implement the goals and objectives of the city's general plan;
B.
To mitigate the impacts caused by new and anticipated developments
indentified in the city's general plan;
c.
To ensure that new development in the city receives the full range of
public facilities necessary to support the city-adopted level of service
(LOS) experienced by existing development;
D.
To establish uniform procedures for the imposition, calculation, collection,
expenditure and administration of the public facility financing
requirements imposed on new development in the city;
E.
To ensure that new development pays its full proportionate share of the
cost of providing such public facilities at the city-adopted level of service
(LOS) standards for each facility;
F.
To ensure that all applicable legal standards and criteria are properly
incorporated in these provisions.
Section 3.28.030 is amended to read as follows:
Section 3.28.030 - General Provisions-Applicability.
A. Term. This chapter shall remain in effect unless and until repealed,
amended or modified by the city council in accordance with applicable
state law and local ordinances and procedures.
Ordinance No. 840
(Page 2 of] 0)
B. Annual Review. At least once every year, and in accordance with
Government Code section 66006, the city manager shall prepare a report
to city council on the subject of the PF fees, which rep0l1 shall include the
following:
1. A brief description of the type of fee in the account or fund;
2. The amount of the fee;
3. The beginning and ending balance of the account or fund;
4. The amount of fees collected and the interest earned;
5. An identification of each public improvement on which the fees
were expended and the amount of the expenditures on each
improvement, including a total percentage of the costs of the
public improvements that was funded with fees;
6. An identification of the approximate date by which the
construction of the public improvement will commence if the local
agency determines that sufficient funds have been collected to
complete financing on an incomplete public improvement;
7. A description of each interfund transfer or loan made from the
account or fund, including the public improvement on which the
transferred or loaned fees will be expended, and, in the case of an
interfund loan, the date on which the loan will be repaid, and the
rate of interest that the account or fund will receive on the loan;
8. The amount of refunds made pursuant to Government Code section
66001 (e) and any allocations pursuant to Government Code section
66001 (f);
9. Other such data, analysis or recommendations that the city
manager may deem appropriate or as requested by the city council.
C. Development Affected. This chapter shall apply to all impact producing
residential and nonresidential development as of the date of adoption of
this chapter. That portion ofPF fees attributable to sewer costs shall apply
to each and every new connection to the sewer system.
D. Development not Affected. This chapter shall not apply to development
for which a PF fee, or its equivalent, has been paid for a particular public
facility prior to the adoption of this chapter; nor shall a PF fee be imposed
on any use, development, project, structure, building, fence, sign or other
activity which is not impact producing. Provided, that portion of the PF
fees attributable to sewer costs shall apply to each and every new
Ordinance No. 840
(Page 3 of 10)
connection to the sewer system unless sewer capacity fees have previously
paid to the city for the development.
E.
Relationship to other land use regulations. Neither this chapter nor the
specific PF fee resolutions shall affect, in any manner, the permissible lIse
of property , density/intensity of development, design and improvement
standards or other applicable standards or requirements of this code, all of
which shall be operative and remain in full force and effect without
limitation.
Section 7.
Section 3.28.050 is amended to read as follows:
Section 3.28.050 - Public facilities fee determination.
A. The PF fee is determined by the land use of the proposed development.
The schedule of land lIses is set forth as follows:
Residential Land Use Class:
.
Single Family Residential
Multi-Family Residential
Senior Housing
Assisted Living
Commercial Land Use Class:
General Office
Hotel
Retail
Industrial Land Use Class:
Industrial
Warehouse
B. The total PF fee is calculated by adding together fee components
associated with the planned facilities. The PF components are set forth as
follows:
Ordinance No. 840
(Page 4 of 10)
Traffic
Public Safety
Public Facilities
Water
Sewer
Drainage
C. The PF fee for residential development shall be based upon the number of
units constructed. The Residential Land Use Class applies to all areas
designated as "Residential" on the city's general plan diagram, as it may
be amended from time to time.
I. Residential development of detached single-family units shall pay
the single family residential rate.
2. Residential development of multi-family units or mobile home
parks shall pay the multi-family residential rate.
3. Residential development of senior housing shall pay the senior
housing rate.
4. Residential development of large assisted living/congregate care
facilities shall pay at the assisted living rate.
5. Bed and Breakfasts developed in Residential areas shall pay the
hotel/motel rate set forth for the Commercial Land Use Class.
D. The PF fee for commercial development shall be based upon three factors:
1. the gross floor area, as defined in Chapter 17.04 of the Municipal
Code including any patio area under a horizontal projection of the
roof, the floor above or other covering, when such area is used for
activities integral to the commercial business which is used to
calculate the Traffic, Public Safety, Public Facilities and Water
components;
2. the daily flow rate in gallons under average dry weather flow
conditions, as determined by the city engineer, which is used to
calculate the sewer component; and
Ordinance No. 840
(Page 5 of 10)
3. the gross disturbed site area which is used to calculate the drainage
component.
E. The Commercial Land Use Class applies to all areas designated as
"Commercial" on the city's general plan diagram, as it may be amended
from time to time.
1. Commercial development of general offices shall pay the general
office rate.
2. Commercial development of hotels, motels or bed and breakfasts
shall pay the hotel/motel rate.
3. All other development in Commercial areas shall pay the retail
rate.
F. The PF fee for industrial development shall be based upon three factors
1. the gross floor area, as defined in Chapter 17.04 of the Municipal
Code, including any patio area under a horizontal projection of the
roof, the floor above or other covering, when such area is used for
activities integral to the industrial business.
2. the daily flow rate in gallons under average dry weather flow
conditions, as determined by the city engineer, which is used to
calculate the sewer component; and
3. the gross disturbed site area which is used to calculate the drainage
component
G. The Industrial Land Use Class applies to all areas designated as
"Industrial" on the city's general plan diagram, as it may be amended from
time to time.
1. General offices developed in industrial areas shall pay the general
office rate set fOlih for the Commercial Land Use Class.
2. Industrial development of warehouses shall pay the warehouse
rate.
3. All other development in industrial areas shall pay the industrial
rate.
H. The PF fee for mixed use development shall be the sum of the appropriate
residential development rates (based on units) and nonresidential
development rates (based on square footage, daily flow rate and gross
disturbed site area) for each use proposed on the site.
Ordinance No. 840
(Page 6 of 10)
I. The PF fee for institutional development shall be based on the
nonresidential rate that most closely reflects the proposed use (e.g.
institutional offices shall pay at the general office rate).
1. The PF fee for land uses not shown in the above table will be determined
by the city manager or his designee who shall determine such fee based on
analysis of the public service impacts of the proposed use in relation to
other uses described in subsection (A), above.
K. If a development permit is issued that would alter the amount of the PF fee
due for the development or require the payment of a new or additional PF
fee, any such previously paid fees shall be credited against the new total
fee due, as determined by the planning director; provided, however, that,
in no event, shall the city refund the fees previously paid because of a
change in land use.
L. The PF fee for additions to, or replacement or intensification of an existing
nonresidential use shall be paid only on the net increase in square footage,
net increase in average dry weather flow rate or net increase in site
disturbance compared to that which existed as of October 1, 2011.
M. Exemptions. The following new developments are exempted from paying
the PF fee:
1. Second dwelling units on residential single-family lots meeting the
definition of "second dwelling or residential unit" established in
Chapter 17.04 of the Municipal Code;
2. Additions of accessory structures meeting the definition of
"accessory building or use" established in Chapter 17.04 of the
Municipal Code;
3. Addition of habitable living space to an existing single-family unit;
and
4. Construction of public buildings necessary to provide service to
new development.
Section 8.
Section 3.28.060 is amended to read as follows:
3.28.060 - Public facilities fee collection.
The public facilities fee shall be imposed upon building permit issuance and shall
be paid at the rate in effect at the time of building permit issuance, or at such
earlier time as permitted by law as set forth in Government Code Section 66007.
Provided, that portion of the public facilities fee based upon the cost of providing
sewer or water connections shall be imposed and paid upon application for the
service, unless collection at an earlier time is permitted by law.
Ordinance No. 840
(Page 7 of] 0)
Section 9.
Section 3.28.070 is amended to read as follows:
3.28.070 - Public facilities fee fund established---accounts, appropriations,
and refunds.
A. Accounts and Limited Use of Fees. The revenue raised by payment of this
fee shall be placed in a separate and special account and such revenues,
along with any interest earnings on the account, shall be used solely to:
1. Pay for the city's future construction of facilities described in the
resolution enacted pursuant to Section 3.28.040 above, orto
reimburse the city for those described or listed facilities
constructed by the city with funds advanced by the city from other
resources; or
2. Reimburse developers who have been required or permitted by
Section 3.28.080 below to install such listed facilities, which are
oversized with supplemental size, length or capacity.
If a fee account has previously been established pursuant to a separate ordinance
for deposit of funds from development impact fees, such account shall be deemed
to be a PF fee account pursuant to this chapter. The city shall establish and
implement necessary accounting control to ensure that the fee funds are properly
deposited and appropriated in accordance with this chapter and other legal
requirements.
B. Appropriations. The city, as part of the annual budget and capital
improvements programming process shall, each year, identify the public
facility projects anticipated to be funded in whole or in part with the PF
fees. The recommendations shall be based upon the annual review set
forth in Section 3.28.030 and other such information as may be relevant.
The recommendations shall be consistent with the provisions of this
chapter, the specific fee resolutions, applicable legal requirements and
guidelines to be adopted by the city council.
C. Refunds. The revenue raised through the imposition of the PF fees is
intended to fund public facilities that mitigate the impacts of new
development. In accordance with Government Code Section 66001 the
city may continue to collect PFFP--fees until the identified public facilities
improvement program is complete. Upon completion of the program, the
city shall issue PF fee refunds in accordance with Government Code
Section 6600 I, subsections (e) and (t).
D. Abandonment of development after initiation of construction. A property
owner who has paid a PF fee for an impact producing development for
which a building permit has been issued and construction initiated, but
which is abandoned prior to issuance of a certificate of occupancy, shall
Ordinance No. 840
(Page 8 of 10)
Section 10.
B.
C.
Section 11.
not be eligible for a refund unless the uncompleted building is completely
demolished and any utility service is disconnected. Application for a
refund shall be made upon forms provided by the city. Upon receipt ofa
complete application for refund, the city manager shall review the
application and documentary evidence submitted by the applicant as well
as other information and evidence as may be deemed relevant and make a
determination of whether a refund is due. Refunds by direct payment shall
be made following an affirmative determination by the city manager.
Section 3.28.080 is amended to read as follows
3.28.080 - Credits and reimbursements.
A.
Credit for Developer Construction of Facilities. Whenever a developer is
required, as a condition of approval of a development permit, to construct
a public facility described in the City's Public Facilities Finance Plan, and
when such construction is necessary to ensure efficient and timely
construction of the facilities network, a credit against the PF fee, which
would otherwise be charged pursuant to this article on the development
project, shall be offered. The credit shall not include the portion of the
improvement needed to provide services or mitigate the need for the
facility or the burdens created by the development. This credit provision
is supplemental to the provisions relating to reimbursement in the city's
subdivision ordinance and Government Code Sections 66000 and
following.
Overlap with Other Fees. To the extent that the PF fee includes
components for financing projects already included in fees collected under
other city ordinances, such other fees, when paid, shall be a credit against
the appropriate components of the PF fee.
Overlap with Bond Financing Districts. To the extent that some or all of
the projects proposed to be financed by the PF fee are financed through a
community facilities district, special assessment district or other financing
mechanism, participation in such other financing mechanism shall be a
credit against the appropriate component of the PF fee.
Section 13.26.080 is amended to read as follows:
13.26.080 - New connections to city sewer system.
All connections made to the city sewer service shall provide, at the owners' cost,
a fully functioning sewer lateral in compliance with the requirements of Chapters
3.2 and 13.08 through 13.52 of this code, the Uniform Building Code, California
Plumbing Code and other applicable regulations adopted by the city, applicable
city standards and the plans and specifications for the construction approved by
the city engineer.
I
Ordinance No. 840
(Page 9 of 10)
Section 12. SEVERABILITY. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective
of the invalidity of any particular pOliion thereof.
Section 13. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall be in
full force and effect thirty (30) days after its adoption and shall be published and posted
as required by law.
This ordinance was introduced on the _ day of
,2011 and
DULY AND REGULARLY ADOPTED this
by a four-fifths vote of the City Council as follows:
day of
,2011
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY OF ROHNERT PARK
City Clerk Terri Griffin
Mayor Gina Belforte
Ordinance No. 840
(Page 10 of] 0)
I Agenda Packet Preparation TlMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
· Resolutions (other than standard formats for authorizations and approvals), Ordinances
& Agreements to Assistant City Attorney via email to review for "approvals as to form"
DUE no later than NOON Two (2) Tuesdays prior to Council meeting dates
· Agenda Items with related attachments via email to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting dates
· Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no
later than Tuesday mornings One (1) week prior to Council meeting dates
· Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Wednesday afternoons One (1) week prior to Council meeting dates for compliance
with Rohnert Park Municipal Code Section 2.08.050
{This section for City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 8.D
RESOLUTION NO. 2011-112
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,20 11
Department:
Development Services
Submitted By:
Patrick Barnes, P.E., Deputy City Engineer
Submittal Date:
November 15,201 I
Agenda Title:
Adoption of New Public Facilities (PF) Fees
Requested Council Action:
1. Approve Resolution 2011-112 Updating the Public Facilities Fee for All Development
within the City of Rohnert Park and Repealing Resolution Nos. 2006-165 and 2008-126
Summary: The City's General Plan policies require new development to mitigate the impacts of
growth on the City's various infrastructure and service systems. On November 8, 2011, the
Council considered and adopted the 2011 Update to the Public Facilities Finance Plan (2011
Update). The 2011 Update included modifications to the land uses, infrastructure and costs
included in the PFFP. These changes reflect the City's most current plans around new
development. The 2011 Update also consolidated the PF Fee Program and the Sewer Capacity
Charge Program into a single PF Fee program. This consolidation improves both transparency
and flexibility within the PF Program. Finally, the 2011 Update identified ways to reduce the
costs of the PF Program which results in a reduction in the overall costs of mitigating new
impacts, and therefore a reduction in fees charged to new development.
On November 8, 2011, the Council introduced and held a public hearing on Ordinance 840
which makes changes to Chapters 3.28, 13.26 and 13.4 of the Municipal Code, which govern the
administration of the current PF Fee Programs. Ordinance 840 makes these changes. No
comments were received from the public on the Ordinance.
On November 22,2011, the Council adopted Ordinance 840. While Ordinance 840 describes the
overall administration of the PF Fee Program, the Ordinance provides that the actual PF Fees
will be set by resolution. This allows fees to updated, from time to time as necessary to reflect
the impacts of development, without the need to update the Municipal Code.
Resolution No. 2011-112, would adopt a new PF Fee schedule that is consistent with the 2011
Update the Public Facilities Finance Plan, which has been previously approved by Council.
At this time, staff is requesting Council to adopt the Resolution in order to allow the new fee
schedule to go into effect, consistent with Council's previous approval of the updated PFFP.
Enclosures:
Resolution No. 20] 1 -112, Updating the Public Facilities Fee for All Development within the City of Rohnert Park and
Repealing Resolution Nos. 2006-165 and 2008-126
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to fonn by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(x) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(x) Regular Time
RESOLUTION NO. 2011-112
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
UPDATING THE PUBLIC FACILITIES FEE FOR ALL DEVELOPMENT
WITHIN THE CITY OF ROHNERT PARK AND
REPEALING RESOLUTION NOS. 2006-165 AND 2008-126
WHEREAS, the General Plan of the City of Rohnert Park requires that new development pay its
proportionate share of the cost of capital improvements made necessary by that new development; and
WHEREAS, the City of Rohnert Park implements this requirement through its Public Far;ilities
Finance Plan and the setting and collection of Public Facilities (PF) fees and sewer capacity fees, which
are reviewed from time to time to assure that they accurately estimate costs and the allocation of those
costs; and
WHEREAS, on November 8, 201] the City Council of the City of Rohnert Park conducted a duly
noticed public hearing to receive and consider public comments on the 2011 Update to its Public
Facilities Finance Plan (2011 Update) and the recommended Public Facilities (PF) set forth in it, and
upon completion of that hearing the City Council unanimously adopted Resolution 2011-]09 accepting
the 2011 Update; and
WHEREAS, for at least fourteen days prior to the public hearing, a copy of the 2011 Update was
available for public review at the Office of the City Clerk; and
WHEREAS, since the most recent adoption of the PF Fee Schedule (Resolution 2008-]26) and the
Sewer Capacity Charge Schedule (Resolution 2006-] 65) , the City has completed environmental review
of a number of planned developments and approved changes in both land use and infrastructure required
for mitigation; and
WHEREAS, since the most recent adoption of the PF Fee Schedule and the Sewer Capacity Charge
Schedule (Resolution 2006-165) , the City and the Santa Rosa Subregional System have constructed some
projects and updated costs for facilities included in the PF Fee Program and the Sewer Capacity Charge
Program and this has resulted in changes to estimated costs; and
WHEREAS, since the adoption of the PF Fee Schedule and the Sewer Capacity Charge Schedule, the
City has determined that a single fee program covering all planned facilities will provide a more clear and
easily administered method for complying with the General Plan policies requiring that new development
pay for the impacts it creates and implemented that decision with the passage of Ordinance No. 840 on
November 22,20] I; and
WHEREAS, it is to the benefit of all parties involved in developing property that the PF Fee Program
is consistent with current projections of land use, infrastructure and costs to assure that each development
supports its fair share of needed faci I ities; and
WHEREAS, the City Council finds and detemlines as follows:
A. The 2011 Update complies with California Government Code Section 6600] by establishing the basis
for imposition of fees on new development. In particular, the 2011 Update:
1. identifies the purpose of the fee;
2. identifies the use to which the fee will be put;
3. shows a reasonable relationship between the fee's use and the type of development project on
which the fee is imposed;
OAK #481 0-8876-J 098 v2
4. shows a reasonable relationship between the need for the public facility and the type of
development project on which the fee is imposed because the new facilities are sized to
accommodate the increased population and increased vehicle trips that will be generated by each
type of development; and
5. shows a reasonable relationship between the amount of the fee and the cost of the public facility
or portion of the public facility attributable to the development on which the fee is imposed
because the proposed fees are proportional to the new population and new traffic generated by
each type of development.
B. The fees collected pursuant to this Resolution shall be used to finance the public facilities described
or identified in the 2011 Update or other public facility master plans as may from time to time be
adopted by the City Council.
C. After considering the specific project descriptions and cost estimates identified in the 2011 Update,
the City Council approves such project descriptions and cost estimates, and finds them reasonable as
the basis for calculating and imposing an updated PF Fee.
D. The projects and fee methodology identified in the 2011 Update continue to be consistent with the
City's General Plan including recent updates to the General Plan.
E. The 20lJ Update categorically exempt from environmental review pursuant to the California
Environmental Quality Act guidelines section I 5061(b)(3). The intent of the PF Program, the 2011
Update and the proposed PF fees is to provide one means of mitigating potential environmental
impacts which have been identified in environmental analyses of other planning efforts, including the
General Plan EIR.
NOW, THEREFORE, it is hereby resolved by the City Council ofthe City of Rohnert Park, that:
1. Amount of Fee. The PF Fee for various classes ofland use and various benefiting areas are set
forth in Attachment I. The land uses classes set forth are intended to be generally consistent with
the Land Use Framework outline in the General Plan including recent updated to the General Plan
and that Land Use Framework should be consulted as necessary to support accurate determination
of fees.
2. Use of Fee. The fee shall be solely used: (a) for the purposes described in the 2011 Update; (b)
for reimbursing the City for the development's fair share of those capital improvements already
constructed by the City; or (c) for reimbursing developers who have constructed public facilities
described in the 2011 Update or other facility master plans adopted from time to time by the City
Council where those facilities were beyond that needed to mitigate the impacts of the developers'
project or projects.
3. Automatic Increase. The PF Fee will automatically increase on July 1 in each year hereafter in
accordance with any increases in the Engineering News Record Construction Cost Index for the
San Francisco Bay Area for the fiscal year ending on such July 1.
4. Fee Review. Annually, as part ofthe budget process, the City Manager shall review the estimated
cost of the described capital improvements, the continued need for those improvements and the
reasonable relationship between such need and the impacts of the various types of development
pending or anticipated and for which this fee is charged. The City Manager shall report his or her
findings to the City Council at a noticed public hearing and recommend any adjustment to this fee
or other action as may be needed.
5. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack,
review, set aside, void or annul this resolution shall be brought within 120 days of the date of
adoption of this resolution.
6. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a PF
OAK #48] 0-8876-] 098 ,,2
fee for any project with the 2011 Update or the application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the other provisions of this resolution or
other fees levied by this resolution which can be given effect without the invalid provisions or
application of fees, and to this end the provisions of the resolution are declared to be severable.
7. Repeal. Resolution Number 2006-165 and Resolution Number 2008-] 26 are hereby repealed.
8. Effective Date. This Resolution shall take effect thirty (30) days after its adoption.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
22ncl day of November, 201 ].
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
OAK #4810-8876-1098 v2
Attachment 1 20 C-t'tt czc ( tl)le e'
Public Facilities Fee Schedule
Table 1 Residential Fees
Table 2 Non - Residential Fees Applied to Enclosed Thousand Square Feet (TSF)
Public Facilities Fee Zones
Land Use Designation
Infill
Infill
Northeast
University
Southeast
Sonoma
Northwest
Wilfred
Stadium
Canon
General Office (enclosed tsf)
East of
West
SPA
District SPA
SPA
Mountain
SPA
Dowdell
Lands
Manor
Hotel /Motel (enclosed tsf)
Hwy
of Hwy
NA
$6,068
$6,068
Village PD
$6,401
SPA
PD
SPA
Retail (enclosed tsf)
101
101
NA
$12,676
$12,676
$12,676
$13,253
$13,253
$13,253
NA
Single Family Residential
$17,967
$19,445
$27,873
$28,270
$25,590
$2,756
NA
NA
NA
$20,130
(Unit)
$2,661
$2,966
NA
$2,756
$2,756
$2,756
$2,966
$2,966
$2,966
NA
Warehouse (enclosed tsf)
$2,140
$2,446
NA
$2,236
$2,236
$2,236
0 ,446
$2,446
$2,446
NA
Multi - Family Residential
$11,569
$12,520
$17,340
$17,434
$16,560
NA
$13,144
(Unit)
Senior Housing (Unit)
$10,983
$11,907
NA
NA
NA
NA
NA
NA
NA
NA
Assisted Living (Unit)
$9,551
1 $10,013
NA
NA
NA
NA
NA
NA
NA
NA
Table 2 Non - Residential Fees Applied to Enclosed Thousand Square Feet (TSF)
Public Facilities Fee Zones
Land Use Designation
Infi112
East of
Hwy
101
Infil12
West
of Hwy
101
Northeast
SPA
University
District SPA
Southeast
SPA
Sonoma
Mountain
Village PD
Northwest
SPA
Wilfred
Dowdell
SPA
Stadium
Lands
PD
Canon
Manor
SPA
General Office (enclosed tsf)
$8,264
$9,586
NA
$8,678
$8,678
$8,678
$9,586
$9,586
$9,586
NA
Hotel /Motel (enclosed tsf)
$5,916
$6,401
NA
$6,068
$6,068
$6,068
$6,401
$6,401
$6,401
NA
Retail (enclosed tsf)
$12,418
$13,253
NA
$12,676
$12,676
$12,676
$13,253
$13,253
$13,253
NA
Light Industrial (enclosed tsf)
$2,661
$2,966
NA
$2,756
$2,756
$2,756
$2,966
$2,966
$2,966
NA
Heavy Industrial (enclosed tsf)
$2,661
$2,966
NA
$2,756
$2,756
$2,756
$2,966
$2,966
$2,966
NA
Warehouse (enclosed tsf)
$2,140
$2,446
NA
$2,236
$2,236
$2,236
0 ,446
$2,446
$2,446
NA
Attachment 1
Public Facilities Fee Schedule
Table 3 Non - Residential Fees Applied to Gallons of Wastewater Generated (GAL)
Table 2 Non - Residential Fees Applied to Disturbed Site Area (TSF)
Public Facilities Fee Zones
Land Use Designation
Infill2
East of
Hwy
101
Infil12
West
of Hwy
101
Northeast
SPA
University
District SPA
Southeast
SPA
Sonoma
Mountain
Village PD
Northwest
SPA
Wilfred
Dowdell
SPA
Stadium
Lands
PD
Canon
Manor
SPA
General Office (gallon)
$62.43
$62.43
NA
$106.30
$103.32
$103.32
$62.43
$62.43
$62.43
$103.32
Hotel /Motel (gallon)
$62.43
$62.43
NA
$106.30
$103.32
$103.32
$62.43
$62.43
$62.43
$103.32
Retail (gallon)
$62.43
$62.43
NA
$106.30
$103.32
$103.32
$62.43
$62.43
$62.43
$103.32
Light Industrial (gallon)
$62.43
$62.43
NA
$106.30
$103.32
$103.32
$62.43
$62.43
$62.43
$103.32
Heavy Industrial (gallon)
$62.43
$62.43
NA
$106.30
$103.32
$103.32
$62.43
$62.43
$62.43
$103.32
Warehouse (gallon)
$62.43
$62.43
NA
$106.30
$103.32
$103.32
$62.43
$62.43
$62.43
$103.32
Table 2 Non - Residential Fees Applied to Disturbed Site Area (TSF)
Public Facilities Fee Zones
Land Use Designation
Infil12
East of
Hwy
101
Infi112
West
of Hwy
101
Northeast
SPA
University
District SPA
Southeast
SPA
Sonoma
Mountain
Village PD
Northwest
SPA
Wilfred.
Dowdell
SPA
Stadium
Lands
PD
Canon
Manor
SPA
General Office (enclosed tsf)
NA
NA
NA
$267
NA
NA
$236
$236
$236
NA
Hotel /Motel (enclosed tsf)
NA
NA
NA
$267
NA
NA
$236
$236
$236
NA
Retail (enclosed tsf)
NA
NA
NA
$267
NA
NA
$236
$236
$236
NA
Light Industrial (enclosed tsf)
NA
NA
NA
$267
NA
NA
$236
$236
$236
NA
Heavy Industrial (enclosed tsf)
NA
NA
NA
$267
NA
NA
$236
$236
$236
NA
Warehouse (enclosed tsf)
NA
NA
NA
$267
NA
NA
$236
$236 1
$236
NA
Attachment 1
Public Facilities Fee Schedule Notes
1. See 2011 Update to the Public Facilities Finance Plan for detailed presentation of calculations (Adopted by City Council Resolution
2. "Infill Development" is all development (new, remodel or reconstruction) outside to the defined Specific Plan Areas or Planned
Developments
3. Non - residential fees are calculated by summing the values from Tables 2, 3 and 4 for the type of land use proposed
4. "Mixed Use" fees are calculated by summing the fees calculated for each type of land use within the mixed use proposal
5. NA or Not Applicable means that a particular fee component does not apply within the defined geographic area because:
a. New development within that geographic does not create impacts to certain infrastructure systems; or
b. Approved Specific Plans do not include certain land use classes, hence fee components have not been computed
6. Enclosed Thousand Square Feet is calculated based on the gross floor area, as defined in Chapter 17.04 of the Municipal Code including any
patio area under a horizontal projection of the roof, the floor above or other covering, when such area is used for activities integral to the
commercial business.
7. Disturbed Thousand Square Feet is calculated based on the total area approved for grading on the property.
CITY OF ROHNERT PARK
OFFICE OF THE CITY CLERK
DATE:
November 17, 2011
TO:
Mayor Belforte and Members of the City Council
FROM:
Carol Adams, Acting City Clerk
RE:
November 22, 2011 City Council Meeting
Agenda Item No.9 - Temporary Debris Box Services
Attached is the staff report for Agenda Item No. 9 - Temporary Debris Box Services. The
accompanying resolution and agreement will be distributed to the City Council on Monday,
November 21,2011.
cc: Gabriel A. Gonzalez, City Manager
{This sectionfor City Clerk Use Only}
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Rohnert Park Municipal Code Section 2.08.050
11/22/11 City Council Agenda
ITEM NO. 9
RESOLUTION NO. 2011-113
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22, 2011
Department:
Finance
Submitted By:
Gabriel A. Gonzalez, City Manager
Submittal Date:
November 17,2011
Agenda Title:
Temporary Debris Box Franchise Agreements for Multiple Providers
Summary:
On October 25,2011 the City Council approved Resolution No. 2011-102 rescinding Resolution No.
2011-88 which awarded a franchise agreement for an exclusive temporary debris box and roll-off
collection services to Rohnert Park Disposal, Inc. Fm1her, City Council approved Resolution No.
2011-103 adopting short-term agreements with existing haulers and approved Resolution No. 2011-104
rejecting all proposals and directing the City Manager to negotiate agreements(s) for temporary debris
box services on the open market.
The City Manager has been negotiating with the haulers. Based on those discussions, the City's
Consultant, R3, has prepared a new application which is similar to the application utilized in the Request
for Proposal Process. The City Attorney's office has prepared a franchise agreement which also is largely
consistent with the prior form of agreement.
The application and franchise agreement were sent to Industrial Carting and Rohnert Park Disposal Inc.
on November 17, 2011. The completed applications and agreements are due to the City Manager on
Monday November 21, 2011 at noon. After the agreements have been reviewed, they will be hand
delivered to each City Council member by Monday afternoon.
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(X) Regular Time
Agenda Packet Preparation TlMELINES for Regular City Council Meetings {This section for City Clerk Use Only}
held on the 2nd & 4th Tuesdays of each month:
. ResJlutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no 11/22/11 City Council Agenda
later than NOON Three (3) Mondays prior to Council meeting date
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NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City'Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municinal Code Section 2.08.020 and related Resolution No. 2008-173
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22, 2011
Depmiment:
Finance
Submitted By:
Gabriel Gonzalez, City Manager
Submittal Date:
November 21,2011
Agenda Title:
Consideration of awarding exclusive multiple provider franchise
agreements for temporary debris box and roll-off collection services to
Rohnert Park Disposal, Inc. and Industrial Carting.
Requested Action:
Approve Resolution No. 2011-115 Awarding Exclusive Multiple
Provider Franchise Agreements for Temporary Debris Box and RolI-
off Collection Services to Rohnert Park Disposal, Inc. and Industrial
Carting
The City of Rohnert Park has the authority to award a nonexclusive, partially exclusive or wholly
exclusive franchise, contract, license, or permit for solid waste collection services under the
California Integrated Waste Management Act, also known as A.B. 939 (codified at California
Public Resources Code 40000 et seq.). Sections 8.12.200 and 8.12.210 of the Rohnert Park
Municipal Code require that waste collection services be provided only by those haulers who
hold a contract with the City. Currently the City's solid waste collection services are divided
into separate franchise agreements for ongoing services (e.g. trash, recycling, yard waste) and for
temporary debris box and roll-off services (e.g. construction and demolition waste).
The matter of temporary debris box collection services previously came before your Council on
September 13,20111 and October 25, 2011? As a result of actions taken at those meetings, the
1 On September 13,2011, the City Council adopted Resolution 2011-87, rejecting certain applications for
exclusive and non-exclusive temporary debris box and roll-off collection services as non-responsive and
affirming other applications as responsive. The Council also adopted Resolution 2011-88, awarding a
franchise agreement for exclusive temporary debris box and roll-off collection services to Rohnert Park
Disposal, Inc. See hearing and agenda materials online at:
http://rpcity.granicus.com/MediaPlayer.php?view id=3&clip id= 161 &meta id=14877.
2 On October 25, 2011 the City Council approved resolution No. 2011-102 rescinding Resolution No.
2011 88 which awarded a franchise agreement for an exclusive temporary debris box and roll-off
Pa2:e 1 of 4
City currently has short-term exclusive franchise agreements with Rohnert Park Disposal, Inc.
and Industrial Carting to provide temporary debris box services. Those agreements will expire
on December 31, 2011.
Per the Council's direction, the City Manager has been negotiating long-term exclusive multiple
provider franchise agreements with haulers on the open market. . Both Rohnert Park Disposal,
Inc. and. Industrial Carting expressed an interested in obtaining long term franchises and agreed
in concept to the terms of the agreement. Based on those discussions, the City's consultant, R3
Consulting, prepared a new application, which is similar to the application that was utilized in
the Request for Proposal ("RFP") process ("Application"). The City Attorney's office also
prepared a franchise agreement which was also largely consistent with the prior form of
agreement utilized in the RFP process ("Agreement").
The Application and Agreement were provided to Rohnert Park Disposal Inc. and Industrial
Carting on November 17, 2011. The signed and completed Applications and Agreements were
received by the City Manager on Monday November 21,2011 at noon. The materials submitted
by Rohnert Park Disposal, Inc. are attached hereto as Attachment A. Industrial Carting's
materials are attached as Attachment B. R3 Consulting evaluated the adequacy of the
applications and Agreements and provided its analysis in the attached Attachment C.
The Agreement grants a multiple-provider exclusive franchise to Rohnert Park Disposal, Inc. and
Industrial Carting to provide temporary debris box and roll-off collection services in the City. In
consideration for conferring this special benefit, the haulers have each agreed to pay a $50,000
initial franchise fee within 30 days of the award, plus a monthly 15% franchise fee based on all
gross revenue collected under the Agreement. It is anticipated that the total franchise fees the
City will receive under this agreement will fall within the historic 10% to 20% rate.
As with the short-term Agreements, and the agreements in place prior thereto, the City will not
need to issue the 5-year continuation notices in order to terminate the long-term Agreement
pursuant to Public Resources Code section 49520, because the providers hold exclusive franchise
agreements. Rather, the Agreement will terminate on the date specified therein, June 30, 2016,
unless it is extended. The maximum term of the Agreement is June 30, 2020, which is the same
date the solid waste hauling agreement terminates.
The Agreement requires that the haulers take affirmative actions to reduce wear-and-tear on the
City's streets, preventlitter and spilling from containers, educate customers and inspect waste to
prevent acceptance of unauthorized material, and maintain their vehicles and containers. The
Agreement requires that the haulers to divert 70% of the waste collected to recycling facilities.
By contrast, the haulers are currently obligated to meet a 50% the diversion rate. The proposers
note that they will continue to use the same vehicles in operation now and to bring waste to the
same facilities they presently utilize.
The City evaluated the environmental impacts of awarding the franchise agreements under the
California Environmental Quality Act (CEQA). Environmental analysis is not required to when
collection services to Rohnert Park Disposal, Inc. because Rohnert Park Disposal refused to execute the
agreement. Further the Council approved Resolution No. 2011-103 adopting short-term agreements with
existing haulers and approved Resolution No. 2011-104 rejecting all proposals and directing the City
Manager to negotiate agreements( s) for temporary debris box services on the open market. See hearing
and agenda materials online at:
http://rpcity.granicus.com/MediaPlayer.php?view id=3&clip id= 166&meta id= 15573.
the action involved is the adopt a long-term agreement with existing haulers on the same terms as
presently exist under the short-term agreement (and the exclusive franchise agreements with
these haulers in place from 2001 to 2011) because this action does not alter the status quo or
expand the service. Because the same providers will be providing the same service, using the
same municipal infrastructure, corporate equipment and disposal facilities, there will be no new
impact to the environment over the existing baseline environment. Therefore, adoption of the
long-term Agreement is not a project because it does have the potential for resulting in either a
direct physical change in the environment or an indirect physical change in the environment.
At most, the adoption of the short-term agreement is merely a government funding mechanism
within the meaning of Guidelines section l5378(b)(4), because the agreement establishes the
franchise fees that must be paid for the privilege of receiving an exclusive agreement to provide
temporary debris box services. The agreement does not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment. Thus it
would be speculative to attempt to analyze the environmental impacts. In other words, by virtue
of approving the long term franchise agreements, the city cannot predict which citizens will opt
to require temporary debris box services or which hauler they will utilize. .
Even if the City Council's adoption of the long-term Agreements did constitute a project, the
action would be exempt under CEQA Guidelines sections 15301 (existing facilities), 15308
(actions by regulatory agencies for protection of the environment) and l506l(b)(3) (the common
sense exemption). These exemptions would apply because the award of the Agreements would
increase the existing recycling and diversion requirements by 20% (from 50% to 70%), and
existing operators would continue to provide the existing services by relying upon the same
infrastructure presently utilized. The Agreements do not call for expanded services or increase
the impacts on infrastructure over the status quo. The environmental effects of a particular
construction and demolition project will be addressed directly in the permitting process which
cannot be identified at this time, so it is speculative to do so in connection with award of the
short-term agreements. For these reasons, Staff is recommending that the Council adopt a Notice
of Exemption.
III. Recommendation: Staff recommends that the City Council approve Resolution No. 2011-
115 awarding exclusive multiple provider franchise agreements for temporary debris box and
roll-off collection services to Rohnert Park Disposal, Inc. and Industrial Carting.
IV. Enclosures:
Attachment A: R3 Consulting Analysis
Attachment B: Resolution No. 2011-115
Attachment C: Rohnert Park Disposal, Inc. Agreement and Application
Attachment D: Industrial Carting Agreement and Application
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(X) Regular Item
Per City Manager's review and direction for distribution of this agenda item.
~3
Consulting Group, Inc.
Resources Responsibility Respect
4811 Chippendale Drive, Suite 708
Sacramento, CA 95841
Tel: 916-576-0306
Fax: 916-331-9600
www.r3cgi.com
From:
Gabriel A. Gonzalez and Cathy Orme, City of Rohnert Park
Carrie Baxter and Richard Tagore-Erwin, R3 Consulting Group
November 21, 2011
To:
Date:
Subject:
Comparison of Applications Submitted for Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services
Purpose and Background
The purpose of this memorandum is to present an evaluation and analysis of the applications
submitted in response to the City of Rohnert Park's (City's) request on November 17, 2011 to
provide completed applications and a signed Multiple Provider Exclusive Temporary Debris Box
and Roll-off Collection Service Agreement (Service Agreement) for a projected start date of
January 1, 2012.
The City sent a request to the following companies:
· Industrial Carting; and
· Ratto Group of Companies, Inc. (Ratto Group).
Applications were received from both companies within the requested time.
Application Evaluation
The following is a comparison of the two applications received for Multiple Provider Exclusive
Collection Services (Collection Services).
Application Submittal Requirements
Applicants were required to submit one electronic copy, two sets of the Application and two
signed sets of the Collection Agreement in binders with the cover indicating the company name
and application title. Both applicants met these requirements.
Section.1: Company and Subcontractor Identification
Applicants were required to provide the Business Name or Name of the Company or
Corporation, along with company or corporate office address and phone information. They were
also required to provide the name, address, and phone number of all subcontractors directly
involved in collection and processing operations.
Both applicants provided sufficient contact information, including their office address, phone
information and website or email address. Neither applicant proposed to use subcontractors.
Section 2: Company Qualifications
Applicants were asked to identify the key staff persons, address and phone number of a local
contact and a City business license number, as well as provide references for three
governmental clients and litigation history. The applicants also were to provide written proof of
insurance as required in the Collection Agreement. As an alternative to the insurance
Gabriel Gonzalez
November 21,2011
Page 2
requirement, applicants were asked to submit a commitment letter from a qualified insurance
carrier as part of their Application and a $20,000 propos<:ll bond. In addition, a performance
bond in an amount of $10,0000 or a commitment letter from a State of California licensed Surety
Company was required to be provided as part of the Application.
Both applicants provided key staff, local contact information and references for three
governmental clients. Industrial Carting provided references for the cities of Rohnert Park and
Santa Rosa and the Town of Windsor. Ratto Group provided references for the City of Rohnert
Park, Novato Sanitary District and the Town of Windsor. References that provided responses
included Novato Sanitary District and the Town of Windsor. The City of Santa Rosa and City of
Rohnert Park did not provide a reference for either applicant.
All survey questions were rated on a scale from 1 to 5, where 1 represents no satisfaction, 2
represents low satisfaction, 3 represents average satisfaction, 4 represents above average
satisfaction and 5 represents extreme satisfaction. Overall, all questions were answered for both
applicants with average satisfaction or higher. The results of the reference checks were as
follows: .
A. How would you rate the
appearance/quality of the 0% 0% 0% 100% 0% 0% 0% 0% 50% 50%
hauler's vehicles and containers?
B. How would you rate the number
of complaints filed against the 0% 0% 0% 0% 100% 0% 0% 0% 50% 50%
hauler's drivers?
A. How would you rate the hauler's 0% 0% 0% 0% 0% 50% 50%
relationship with the City/County? 0% 0% 100%
B. How would you rate how the
hauler responds to the requests 0% 0% 100% 0% 0% 0% 0% 0% 0% 100%
made by the City/County?
A. Overall, how would you rate the
hauling company and their 0% 0% 0% 100% 0% 0% 0% 0% 50% 50%
services?
Gabriel Gonzalez
Novemb,er 21, 2011
Page 3
Ratto Group provided litigation history for three claims of $100,000 or more. These included:
. California Sportfishing Protection Alliance v West Sonoma County Disposal Service,
Inc., the United States District Court Northern District of California, Case No. 3:10-CV-
03441-JCS, Civil Action, Pending resolution, No trail date set;
. MacGrail v North Bay Corporation, Sonoma County Superior Court, Case No. 238906,
Civil Action, Personal Injury Claim, referred to insurance carrier. Case settled for
confidential amount; and
. Pandolfi v North Bay Corporation, Sonoma County Superior Court, Case No. 235265,
Personal Injury Claim, referred to insurance carrier, Case settled for $300,000.
In addition, in May 2011, an investigation by the Air Resources Board showed that Reward
Leasing (North Bay Corporation) failed to comply with the Solid Waste Collection Vehicle
Program by neglecting to install legally required emission-reduction devices by applicable
compliance dates. To settle the case, Reward Leasing agreed to the $534,000 penalty and to
comply with the SWCV Program, PSI program, and other ARB programs. The matter has been
settled.
Industrial Carting listed no litigation history.
Both applicants submitted certificates of insurance. These do not appear to meet the
requirements of the Service Agreement. In addition, both applicants submitted performance
bonds in the amount of $10,000 from Developers Surety and Indemnity Company as required.
Section 3: Technical Approach
In this Section, applicants were asked to provide a description of the manner in which the
requested services are to be provided, including the following:
. How they will reduce wear-and-tear on City's streets by preventing overloaded or over
weight containers or trucks, preventing damage to streets caused by containers, their
placement, or the weight.
. Methods used to tarp or cover loads used to prevent litter or material blowing or spilling
from containers.
. Customer outreach and load inspection program to prevent the acceptance and hauling
of un-acceptable material or Exempt Waste. Also, when un-acceptable or Exempt Waste
is found in the loads, how it will be handled.
. Vehicle and container maintenance program, including response/replacement/repair
time for vehicles on route.
. Hazardous Waste and Universal Waste Management protocol.
· Health and safety management procedures.
. Inventory for all vehicles (active or backup) to be used for collection.
. Information for the recycling and transfer/processing facilities to be used, including any
facilities located outside of Sonoma County.
Both applicants provided a technical approach in their application. The following is a summary
for each applicant.
Industrial Carting - Industrial Carting stated that they would use lighter 6-wheeler trucks and
route its trucks to use major thoroughfares to minimize traffic on residential streets and to
Gabriel Gonzalez
November 21, 2011
Page 4
reduce the wear and tear on the City's streets. They will work with customers by providing clear
instructions about how to load debris boxes and offer smaller boxes to customers describing
collection material as "heavy" such as rock, dirt, sheetrock, etc. Heavy-duty tarps will be
attached to full debris boxes before loading them onto the truck. A "Conditions of Use" form is
signed by customers, informing them of restrictions and guidelines for use of the debris box.
Vehicle maintenance will be maintained at Industrial Carting's corporation yard in Santa Rosa.
All equipment is maintained regularly and complies with the California Vehicle Code.
Workers are trained to identify types of materials that are hazardous or otherwise not accepted
at the facility. If found, forms are completed and generators are required to collect and properly
dispose of the hazardous material. Each employee receives a safety orientation and employee
handbook containing the company's safety policy, job instructions, job descriptions, and
instruction on hazardous materials. In addition, safety meetings are held monthly.
Industrial Carting has proposed to operate four vehicles under this Collection Agreement. These
vehicles include three roll-off trucks (3 years, 21 years and 22 years old), and one bin truck (3
years old) all operated on diesel fuel.
Recycling facilities to be used by Industrial Carting are located in Sonoma and Marin County
and include Sims Metals, Recycled Fibers, Wheeler-Zamaroni, and Redwood Landfill. The
transfer/processing facility proposed by Industrial Carting is Global Materials Recovery Services
(an Industrial Carting affiliate company) and the disposal facility proposed is Redwood Landfill in
Marin County.
Ratto Group - To reduce wear-and-tear and damage on City's streets, Ratto Group will instruct
the customers as to any volume or weight restrictions for heavy or dense materials to permit
safe and legal transport on City streets. Tarps will be used on all boxes prior to transporting all
material types. Drivers will inspect the debris boxes prior to loading them onto the collection
vehicles. A waiver is currently used by Ratto Group to inform customers of prohibited materials
and weight and volume limits.
The vehicle maintenance program will be conducted in accordance with applicable law and
regulations. Ratto Group proposes to operate its own Maintenance and Repair shop, located in
unincorporated County just south of Santa Rosa, for any needed repairs. In addition, the
maintenance shop is where washing, repairs and painting of collection containers occurs on an
ongoing basis.
The Route supervisor will direct the generator to remove improper materials, such as
Hazardous Waste and Universal Waste. All route drivers are given instruction on safe driving
practices on a recurring basis and safety meetings are held on an ongoing basis. Additionally,
the Risk Manager performs on-site visits to accounts that potentially could involve safety
concerns, to assure bins and carts are placed and collected in a manner that maximizes safety.
. Ratto Group proposes to use one collection vehicle and two back up vehicles to operate under
this Collection Agreement. Each of these vehicles are six years old and run on diesel fuel.
Recycling facilities to be used are all located in Sonoma County and include West Sonoma
County Disposal/Timbercove Recycling and Novato Disposal Service. Transfer/Processing
facilities proposed by Ratto Group are located in Sonoma and Marin County and include the
Sonoma Transfer Station and Redwood Landfill; the disposal facility proposed is Sonoma
Transfer Station.
Gabriel Gonzalez
November 21, 2011
Page 5
Table 2 is a comparison of the facilities proposed by Industrial Carting and Ratto Group.
3400 Standish
Ave. Santa
Rosa, CA
Source
Separated Clean
Recyclables
$0.00
N/A
UPE96-
0111
N/A
Standish Ave. Source UPE03-
Santa Rosa, CA Separated Clean $0.00 N/A 0090 N/A
Recyclables
2543 Petaluma Source PLP02-
Blvd., S. Separated Clean $0.00 99 0072 N/A
Petaluma, CA Rec clables
Sims Metals 600 S. 4th St., Metals N/A N/A N/A N/A
Richmond, CA
Recycled 2575 Grand
Canal Blvd., Paper N/A N/A N/A N/A
Fibers Stockton, CA
3500 Petaluma Concrete,
Wheeler- Hill Rd., Santa Asphalt, N/A N/A N/A N/A
Zamaroni Porcelain and
Rosa, CA Brick
Redwood 8950 Redwood Soil for Reuse, 21-AA-
Landfill Hwy., Novato, Wood for N/A N/A N/A 0001
CA Composting
Gabriel Gonzalez
November 21, 2011
Page 6
Construction
And Demolition
Site Materials,
Sonoma 4376 Stage Including Wood, $75.00 Per 49-AA-
Transfer Gulch Rd., Concrete, Ton 760 N/A 0144
Station Sonoma, CA Asphalt, Drywall,
Dirt, Other Non-
Putrescible
Materials, Etc.
Construction
And Demolition
Site Materials,
Redwood 8950 Redwood Including Wood, $75.00 Per 21-AA-
Landfill Hwy., Novato, Concrete, Ton 2,300 N/A 0001
CA Asphalt, Drywall,
Dirt, Other Non-
Putrescible
Materials, Etc.
Global
Materials Construction and
Recovery 3899 Santa Demolition
Services Rosa Ave., Debris and $81.00 Per 543.5 PLP 01- 49-AA-
(Industrial Santa Rosa, CA Recyclable Ton 0064 0390
Carting Materials
Affiliate
Com an
Construction
And Demolition
Site Materials,
Sonoma 4376 Stage Including Wood, $75.00 Per 49-AA-
Transfer Gulch Rd., Concrete, Ton 760 N/A 0144
Station Sonoma, CA Asphalt, Drywall,
Dirt, Other Non-
Putrescible
Materials, Etc.
Redwood 8950 Redwood $60.00 Per 21-AA-
Landfiil Hwy., Novato, Residual Ton 2,300 N/A 0001
CA
Section 4: Diversion Standards
Both applicants offered to meet the 70% diversion standard set by the City.
Gabriel Gonzalez
November 21, 2011
Page 7
Sections 5, 6 and 7: Franchise Fee, Proposal Development Fee and Non-Exclusive Franchise
Award Fee
Over the years, the City has received a franchise fee between 10% and 20% of the gross
receipts of the provider. This range is consistent with the rate other jurisdictions charge for
franchise fees. Under the agreement with this application, the City will receive a fixed amount of
the franchise fee upfront ($50,000 from each Franchisee) and the remainder (15%) on an
ongoing basis. Over the life of the agreement, the City expects that the total franchise fees will
fall within that historic 10% to 20% range.
Both applicants have agreed to pay the Proposal Development Fee ($25,000 from each
Franchisee) and the minimum monthly Franchise Fee payment as set by the City.
Section 8: Application Certification
Both applicants signed the Application Certification with no exceptions.
Section 9: Forms A-C
Both applicants signed and included Form A: Certification of Non-Gratuities, Form B: Non-
Collusion Affidavit of Proposer, and Form C: Process Integrity Rules.
Recommendation
Based on the overall evaluation of the applications, both companies are qualified to provide
Collection Services. It is recommended that the City's Risk Manager review performance bonds
and insurance forms submitted for compliance. The following items are next steps required in
order to award Agreements to Ratto Group and Industrial Carting for Collection Services:
· Ratto Group shall:
o Make a payment to the City in the amount of $25,000 for the Proposal
Development Fee, within 30 calendar days from the date the City Council
approves the Agreement;
o Submit a performance bond in the amount of $10,000 in a form acceptable to
the City within 10 calendar days from the date the City Council approves the
Agreement; and
o Make a payment to the City in the amount of $50,000 within 30 days after the
award of the Service Agreement.
· Industrial Carting shall:
o Make a payment to the City in the amount of $25,000 for the Proposal
Development Fee, within 30 calendar days from the date the City Council
approves the Agreement;
o Submit a performance bond in the amount of $10,000 in a form acceptable to
the City within 10 calendar days from the date the City Council approves the
Agreement; and
o Make a payment to the City in the amount of $50,000 within 30 days after the
award of the Service Agreement.
RESOLUTION NO. 2011 - 113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AWARDING EXCLUSIVE MULTIPLE PROVIDER FRANCHISE AGREEMENTS
FOR TEMPORARY DEBRIS BOX AND ROLL-OFF COLLECTION SERVICES
TO ROHNERT PARK DISPOSAL, INC. AND INDUSTRIAL CARTING
WHEREAS, Article XI, 9 7 of the California Constitution authorizes cities to protect public
health and safety by taking measures in furtherance of their authority over police and sanitary
matters; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989, ("AB 939") (codified at Public Resources Code 99 4000 et
seq.) established a solid waste management process which requires cities and other local
jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste
management practices for solid waste attributed to sources within their respective jurisdictions;
and
WHEREAS, AB 939 provides that aspects of solid waste handling of local concern include but
are not limited to frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste services; and
WHEREAS, AB 939 confers discretion on cities to provide for the delivery of refuse services to
its residents by the city itself providing the services or by the city conferring the authority to do
soon private profit-making entities; and
WHEREAS, when cities confer the authority to provide refuse services on private profit-making
entities; cities are authorized to do so by means which include the award ofa nonexclusive,
partially exclusive or wholly exclusive franchise, contract, license or otherwise; and
WHEREAS, when a city exercises its legislative discretion to provide refuse services to its
residents itself, it assesses and collects a fee from residents to recover its costs for providing
those services; and
WHEREAS, when a city exercises its legislative discretion to award a franchise to private
profit-making entities to provide refuse services to residents, the private profit-making entities
charges residents for those services from which it derives a profit, and
WHEREAS, the Robnert Park Municipal Code implements Article XI, 9 7 of the California
Constitution and AB 939 in the City of Robnert Park and protects public health and safety by
,authorizing the City Council to provide refuse service itself or to award one or more franchises,
permits or licenses to provide that service; and
WHEREAS the City Council has concluded, in the exercise of its legislative discretion, that it is
in the best interests of the City and its residents for the City to franchise temporary debris box
and roll-off collection service to a private enterprise with the special skills, knowledge, facilities
and other capabilities to ensure a high level of service and compliance with the existing statutory
and regulatory requirements; and
OAK #4842-3777-9982 vI
WHEREAS, under AB 939 the City of Rohnert Park has the authority to award a nonexclusive,
partially exclusive, or wholly exclusive franchise, contract, license, or permit for solid waste
collection services pursuant to Public Resources Code section 40059;
WHEREAS; Rohnert Park Municipal Code sections 8.12.200 and 8.12.210 require that waste
collection services be provided by contract and exclude any other haulers from providing waste
hauling services within city limits during the contract period, thereby requiring all waste
collection be provided pursuant to an exclusive right;
WHEREAS, on June 28, 2011 the City Council directed the City Manager to solicit requests for
proposal for single-provider and multiple-provider temporary debris box services. On September
13, 2011 the City Council found certain proposals responsive and others to be non-responsive
pursuant to Resolution 2011-88. Ultimately, on October 25,2011, the City Council rejected all
proposals pursuant to Resolution No. 2011-104, awarded new, short-term (60 day) multiple-
provider exclusive franchise agreements with the current providers, and directed the City
Manager to negotiate agreements for temporary debris box and roll off collection services on the
open market; .
WHEREAS, the short-term multiple-provider exclusive franchise agreements will expire on
December 31, 2011. Under Section 49520 of AB 939, Industrial Carting and Rohnert Park
Disposal, Inc.' s continuation rights are limited to the unexpired term of those agreement because
each entity has an expressly exclusive franchise agreement with the City (as is required by
RPMC sections 8.12.200 and 8.12. 210) allowing them to operate at the exclusion of all other
haulers;
WHEREA,S; the City Council has determined through an open market negotiation process for
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services that
Rohnert Park Disposal, Inc. and Industrial Carting, by demonstrated experience, reputation and
capacity, are qualified to provide for the Temporary Debris Box and Roll-off Collection Services
within the corporate limits of the City, the transportation of such material to appropriate places
for processing, recycling, composting and/or disposal; and City Council desires that Rohnert
Park Disposal, Inc. and Industrial Carting be engaged to perform such services on the terms and
conditions to be set forth in a franchise agreement; and
WHEREAS; the Rohnert Park Disposal, Inc. and Industrial Carting, through its negotiations
with the City, have proposed and represented that their company has the ability and capacity to
provide for the Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services within the corporate limits of the City; the transportation of such material to appropriate
places for processing, recycling, compo sting and/or disposal; and the processing of materials;
and
WHEREAS, when a private profit-making entity is awarded a city franchise authorizing it to
derive profit in providing refuse services to city residents for a fee, the award of this valuable
franchise right provides for compensation to the city and its taxpayers through the imposition of
a franchisipg fee on the private profit-making entity payable to the city; and
WHEREAS, the amount of the franchise fees contemplated in the proposed franchise agreement
were freely negotiated between the franchisee and the City and the amount of such fees is not
limited by AB 939 or any other provisions of law; and
WHEREAS, the California Constitution Articles XUIe and XIUD, regulates a public agency's
imposition of certain property related fees when the agency assess the resident for a fee for the
provisions of services provided by the public agency; and
OAK #4842-3777-9982 vi
WHEREAS, the California Constitution does not restrict or regulate what a private profit-
making entity may charge residents when those same services are provided by a private entity;
and
WHEREAS, upon thorough analysis, the City, Rohnert Park Disposal, Inc. and Industrial
Carting have determined that the rates and fees established by the Franchise Agreement are not
subject to California Constitution Articles XIIIC and XIIID because, among other reasons, the
temporary debris box and roll-off services will be provided by private corporations and not by
City; Rohnert Park Disposal, Inc. and Industrial Carting will independently establish, charge and
collect the customer rates for said services within the limits established in the Franchise
Agreement; the receipt of said services is voluntary and not required of any property within City;
and any owner or occupant of property within City has the opportunity to avoid the services
provided under the Agreement either through self-hauling or use of property in such a manner
that refuse is not generated; and
WHEREAS, this Agreement has been developed by and is satisfactory to the City, Rohnert Park
Disposal, Inc., and Industrial Cmting; and
WHEREAS, the City Council hereby determines and finds pursuant to California Public
Resources Code S 40059 that the public interest, health, safety and well-being would be served if
Rohnert Park Disposal, Inc. and Industrial Carting were to be awarded an exclusive multiple-
provider franchise agreement for collection, recycling, diversion and disposal of temporary
debris box and roll-off services in the City of Rohnert Park.
NOW, THEREFORE, BE IT RESOLVED the above-referenced recitals are true and
correct and material to this Resolution.
BE IT FURTHER RESOLVED, that in making its findings the City Council relied
upon and hereby incorporates by reference all of the staff reports, consultants reports,
Application materials, and other documentation presented to the City Council in their meeting.
BE IT FURTHER RESOLVED, that the City Council hereby finds that Rohnert Park
Disposal, Inc. is qualified to provide the service and their proposal to be a provider of temporary
debris box collection services meets all requirements of the RFP process, for the reasons set forth
in the staff repOlt and its exhibits which are incorporated by this reference.
BE IT FURTHER RESOLVED, that the City Council hereby finds that Industrial
Carting is qualified to provide the service and their proposal to be a provider of temporary debris
box collection services meets all requirements of the RFP process, for the reasons set forth in the
staff report and its exhibits which are incorporated by this reference.
BE IT FURTHER RESOLVED, that pursuant to its police powers and the authority
granted in Public Resources Code sections 40059 and 49300, a franchise agreement for multiple
provider exclusive temporary debris box and roll-off collection services is hereby awarded to
Rohnert Park Disposal, Inc. and Industrial Carting upon the terms and conditions set forth in the
Application and Agreement, attached to the staff report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute an agreement with Rohnert Park Disposal, Inc. and Industrial Carting in
OAK #4842.3777.9982 vi
substantially similar form to the Agreement attached to the staff report for and on behalf of the
City of Rohnert Park.
BE IT FURTHER RESOLVED that the City Council hereby finds that the activity
taken by the City Council is exempt from the California Environmental Quality Act (CEQA)
under CEQA Guidelines section 15301 (existing facilities), 15308 (actions by regulatory
agencies for protection of the environment) and under 1506l(b)(3) (the common sense
exemption) for the reasons set forth in the staff report, and directs City staff to file a Notice of
Exemption in substantially similar form to that attached to the staff report.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22nd day of November, 2011.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
OAK #4842-3777-9982 vI
City of Rohnert Park
Dated: November 17, 2011
Multiple Provider Exclusive Temporary Debris Box
and Roll-off Collection Service Agreement
Executed Between the
City of Rohnert Park
And
Rohnert Park Disposal
This _ day of 2011
Page 1 of 45
City of .Rohnert Park
Dated: November 17, 2011
This page intentionally left blank.
Page 2 of 45
City of Rohnert Park
Dated: November 17, 2011
TABLE OF CONTENTS
Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Service Agreement
ARTICLE 1. DEFIN ITIONS ........................................................................................ 8
ARTICLE 2. TERM OF AGREEMENT ..................................................................... 12
ARTICLE 3. SERVICES PROVIDED BY THE FRANCHiSEE................................. 12
ARTICLE 4. CHARGES AND RATES......................................................................17
ARTICLE 5. DIVERSION STANDARDS.................................................................. 19
ARTICLE 6. COLLECTION EQU IPMENT................................................................ 20
ARTICLE 7. FRANCH ISEE'S OFFiCE....................................................... ............. 21
ARTICLE 8. RECORD KEEPING & REPORTING REQUiREMENTS..................... 22
ARTICLE 9. NONDISCRIM INA TION ............................ .............................. ............. 23
ARTICLE 10. SERVICE INQUIRIES AND COMPLAINTS....................................... 23
ARTICLE 11. QUALITY OF PERFORMANCE OF FRANCHISEE .......................... 23
ARTICLE 12. BILLING AUDIT AND PERFORMANCE REViEW............................. 27
ARTICLE 13. PERFORMANCE BOND.................. .................................................. 27
ARTICLE 14. INSURANCE...................................................................................... 27
ARTICLE 15. INDEMNIFICATION AND RELEASE................................................. 30
ARTICLE 16. DEFAULT OF CONTRACT................................................................33
ARTICLE 17. MODIFICATIONS TO THE AGREEMENT ........................................ 36
ARTICLE 18. LEGAL REPRESENTATION ............................................................. 36
ARTICLE 19. FINANCIAL INTEREST .....................................................................36
ARTICLE 20. FRANCHISEE'S PERSONNEL .........................................................37
ARTICLE 21. EXEMPT WASTE .............................................................................. 37
ARTICLE 22. INDEPENDENT FRANCHISEE .........................................................37
ARTICLE 23. LAWS TO GOVERN .......................................................................... 38
ARTICLE 24. CONSENT TO JURISDICTION ......................................................... 38
ARTICLE 25. ASSiGNMENT................................................................................... 38
ARTICLE 26. COMPLIANCE WITH LAWS..............................................................39
Page 3 of 45
City of Rohnert Park
Dated: November 17, 2011
ARTICLE 27. PERMITS AND LICENSES ...............................................................39
ARTICLE 28. OWNERSHIP OF WRITTEN MATERIALS ........................................40
ARTICLE 29. WAiVER............................................................................................. 40
ARTICLE 30. PROHIBITION AGAINST GIFTS ....................................................... 40
ARTICLE 31. POINT OF CONTACT........................................................................ 40
ARTICLE 32. CONFLICT OF INTEREST ...............................................;................40
ARTICLE 33. NOTiCES................................................. .......................................... 40
ARTICLE 34. FRANCH ISEE'S RECORDS.............................................................. 41
ARTICLE 35. ENTIRE AGREEMENT.............................. ........................................ 42
ARTICLE 36. SEVERABI L1TY ................................................................................. 42
ARTICLE 37. RIGHT TO REQUIRE PERFORMANCE ........................................... 42
ARTICLE 38. ALL PRIOR AGREEMENTS SUPERSEDED .................................... 42
ARTICLE 39. HEADINGS.................................................................... .................... 42
ARTICLE 40. REPRESENTATIONS AND WARRANTIES OF THE
FRANCH ISEE ..........................................;..................... .......................................... 42
ARTICLE 41. EFFECTIVE DATE........................................................ ..................... 44
Page 4 of 45
City of Rohnert Park
Dated: November 17, 2011
CITY OF ROHNERT PARK
This Agreement made and entered into this _ day of , 2011, by and between the City
of Rohnert Park, State of California, hereinafter referred to as "CITY" and , a
California corporation, hereinafter referred to as "FRANCHISEE."
RECITALS
WHEREAS, Article XI, S 7 of the California Constitution authorizes cities to protect public health
and safety by taking measures in furtherance of their authority over police and sanitary matters;
and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989, ("AS 939") (codified at Public Resources Code SS 4000 et
seq.) established a solid waste management process which requires cities and other local
jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste
management practices for solid waste attributed to sources within their respective jurisdictions;
and
WHEREAS, AS 939 provides that aspects of solid waste handling of local concern include but
are not limited to frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste services;
and
WHEREAS, AS 939 confers discretion on cities to provide for the delivery of refuse services to
its residents by the city itself providing the services or by the city conferring the authority to do
so on private profit-making entities; and
WHEREAS, when cities confer the authority to provide refuse services on private profit-making
entities; cities are authorized to do so by means which include the award of a nonexclusive,
partially exclusive or wholly exclusive franchise, contract, license or otherwise; and
WHEREAS, when a city exercises its legislative discretion to provide refuse services to its
residents itself, it assesses and collects a fee from residents to recover its costs for providing
those services; and
WHEREAS, when a city exercises its legislative discretion to award a franchise to private profit-
making entities to provide refuse services to residents, the private profit-making entities charges
residents for those services from which it derives a profit, and
WHEREAS, the Rohnert Park Municipal Code implements Article XI, S 7 of the California
Constitution and AS 939 in the City of Rohnert Park and protects public health and safety by
authorizing the City Council to provide refuse service itself or to award one or more franchises,
permits or licenses to provide that service; and
WHEREAS the City Council has concluded, in the exercise of its legislative discretion, that it is
in the best interests of the City and its residents for the City to franchise temporary debris box
and roll-off collection service to a private enterprise with the special skills, knowledge, facilities
and other capabilities to ensure a high level of service and compliance with the existing
statutory and regulatory requirements; and
WHEREAS, under AS 939 the City of Rohnert Park has the authority to award a nonexclusive,
partially exclusive, or wholly exclusive franchise, contract, license, or permit for solid waste
collection services pursuant to Public Resources Code section 40059;
Page 5 of 45
City of Rohnert Park
Dated: November 17, 2011
WHEREAS; Rohnert Park Municipal Code sections 8.12.200 and 8.12.210 require that waste
collection services be provided by contract and exclude any other haulers from providing waste
hauling services within city limits during the contract period, thereby requiring all waste
collection be provided pursuant to an exclusive right;
WHEREAS, the multiple-provider exclusive agreements with the City for Temporary Debris Box
and Roll-Off Collection Services expired on October 31, 2011 and the City Council authorized
the adoption of new, short-term multiple-provider exclusive franchise agreements for Temporary
Debris Box and Roll-Off Collection Services with the then current providers, Rohnert Park
Disposal, Inc. and Industrial Carting, which agreements will expire on December 31,2011.
WHEREAS, on June 28, 2011 the City Council directed the City Manager to solicit requests for
proposal for single-provider and multiple-provider temporary debris box services. On
September 13, 2011 the City Council found certain proposals responsive and others to be non-
responsive pursuant to Resolution 2011-88. Ultimately, on October 25, 2011, the City Council
rejected all proposals pursuant to Resolution No. 2011-104 and directed the City Manager to
negotiate agreements for temporary debris box and roll off collection services on the open
market;
WHEREAS; the City Council has determined through an open market negotiation process for
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services that
FRANCHISEE, and [INSERT OTHER HAULER'S NAME] by demonstrated experience,
reputation and capacity, are qualified to provide for the Temporary Debris Box and Roll-off
Collection Services within the corporate limits of the CITY, the transportation of such material to
appropriate places for processing, recycling, composting and/or disposal; and City Council
desires that FRANCHISEE be engaged to perform such services on the basis set forth in this
Agreement; and
WHEREAS; the FRANCHISEE, through its negotiations with the CITY, has proposed and
represented that it has the ability and capacity to provide for the Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services within the corporate limits of the CITY;
the transportation of such material to appropriate places for processing, recycling, composting
and/or disposal; and the processing of materials; and
WHEREAS, when a private profit-making entity is awarded a city franchise authorizing it to
derive profit in providing refuse services to city residents for a fee, the award of this valuable
franchise right provides for compensation to the city and its taxpayers through the imposition of
a franchising fee on the private profit-making entity payable to the city; and
WHEREAS, the amount of the franchise fees provided for in this Agreement were freely
negotiated between the franchisee and the City and the amount of such fees is not limited by
AB 939 or any other provisions of law; and
WHEREAS, the California Constitution Articles XIIIC and XIIID, commonly known as
"Proposition 218", regulates a public agency's imposition of certain property related fees when
the agency assess the resident for a fee for the provisions of services provided by the public
agency; and
WHEREAS, the California Constitution does not restrict or regulate what a private profit-making
entity may charge residents when those same services are provided by a private entity; and
WHEREAS, upon thorough analysis, the City and FRANCHISEE have determined that the rates
and fees established by the Franchise Agreement are not subject to California Constitution
Articles XIIIC and XIIID because, among other reasons, the temporary debris box and roll-off
Page 6 of 45
City of Rohnert Park
Dated: November 17, 2011
services are provided by a private corporation and not by City; FRANCHISEE independently
establishes, charges and collects the customer rates for said services; the receipt of said
services is voluntary and not required of any property within City; and any owner or occupant of
property within City has the opportunity to avoid the services provided under the Agreement
either through self-hauling or use of property in such a manner that refuse is not generated;
WHEREAS, this Agreement has been developed by and is satisfactory to the CITY and the
FRANCHISEE,
Now, therefore, in consideration of the mutual covenants, conditions, and consideration
contained herein, the CITY and FRANCHISEE hereby agree as hereinafter set forth:
Page 7 of 45
City of Rohnert Park
Dated: November 17, 2011
ARTICLE 1.
Definitions
For the purpose of this Collection Service Agreement, hereinafter referred to as "Agreement,"
the definitions contained in this Article shall apply unless otherwise specifically stated. If a word
or phrase is not defined in this Article, the definition of such word or phrase as contained in
Division B6 of the CITY Municipal Code shall control. When not inconsistent with the context,
words used in the present tense include the future, words in the plural include the singular, and
words in the singular include the plural. Use of the masculine gender shall include the feminine
gender.
1.01 AB 939. The California Integrated Waste Management Act (California Public
Resources Code Sections 40000 et al.), as amended from time to time.
1.02 AQreement. The written document and all amendments thereto, between the
CITY and the FRANCHISEE, governing the provision of Multiple Provider Exclusive Temporary
Debris Box and Roll-off Collection Services as provided herein.
1.03 AQreement Year. The first Agreement Year will be the six (6) month period from
January 1st to June 30th, beginning January 1, 2012. Each subsequent Agreement Year will be
the twelve (12) month period from July 1st to June 30th, beginning July 1,2012.
1.04 Application. The Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Franchise Application submitted by FRANCHISEE to CITY to provide Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Service.
1.05 Biohazardous or Biomedical Waste. Any waste which may cause disease or
reasonably be suspected of harboring pathogenic organisms; included are waste resulting from
the operation of medical clinics, hospitals, and other facilities processing wastes which may
consist of, but are not limited to, human and animal parts, contaminated bandages, pathological
specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
1.06 Brown Goods. Electronic equipment such as stereos, televisions, VCR's,
Personal Data Assistants (PDAs), telephones, and other similar items not containing cathode
ray tubes (CRTs).
1.07 Business Service Unit. All retail, professional, wholesale and industrial facilities,
and other commercial enterprises offering goods or services to the public.
1.08 CITY. The City of Rohnert Park, California.
1.09 City Representative. That person, or their designee, designated by the CITY to
administer and monitor the provisions of this Agreement.
1.10 Collection. The process whereby Multiple Provider Exclusive Temporary Debris
Box and Roll-offs materials are removed and transported to a processing facility that has
appropriate State and local permits.
1.11 Commercial Service Unit. Business Service Units, and Mixed Use Dwellings
that utilize a Garbage Cart or Bin for the accumulation and set-out of Solid Waste.
1.12 CompostinQ. The controlled biological decomposition of Green Waste into a
specific mixture of decayed organic matter used for fertilizing or soil conditioning.
Page 8 of 45
City of Rohnert Park
Dated: November 17, 2011
1.13 Construction and Demolition Debris. Commonly used or discarded materials
removed from construction, remodeling, repair, demolition, or renovation operations on any
pavement, house, commercial building, or other structure, or from landscaping. Such materials
include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard,
aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood,
masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood
scraps, scrap metal, building materials, packaging and rubble resulting from Construction,
remodeling, renovation, repair and demolition operations on pavements, houses, commercial
buildings and other structures. With the exception of soil, dirt, concrete, and asphalt,
Construction and Demolition Debris does not include Garbage and Exempt Waste.
1.14 County. Sonoma County, California.
1.15 Customer Rates. FRANCHISEE's charges to customers for the provision of
temporary debris box and roll-off collection services.
1.16 Disposal Facility. The licensed and permitted facility designated by the
FRANCHISEE for the disposal of Solid Waste and other materials as appropriate.
1.17 Diversion. Means activities that reduce or eliminate the amount of solid waste,
garbage, green waste, and construction and demolition debris that is disposed of in a solid
waste or other permitted landfill.
1.18 Dwellinq Unit. Any individual living unit in a single family dwelling (SF D) or multi-
family dwelling (MFD) structure or building intended for, or capable of being utilized for,
residential living other than a Hotel or Motel.
1.19 E-Waste. Discarded electronics equipment such as cell phones, computers,
monitors, televisions, and other items containing cathode ray tubes (CRTs).
1.20 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste,
Household Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat
trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of
the Nuclear Regulatory Commission.
1.21 Franchise. The exclusive right and privilege granted by this Agreement.
1.22 Franchise Fee. The voluntarily negotiated payment agreed upon by the City and
FRANCHISEE in consideration of City's grant of the Franchise to FRANCHISEE and which,
inter alia, is intended to compensate the City for the City's agreement to give up its right to
provide temporary debris box and roll-off collection services and to award FRANCHISEE a
franchise right to exclude other haulers and to act as an exclusive provider in the City for the
term of the Agreement by occupying the City streets and rights of way in a manner that other
entities may not.
1.23 FRANCHISEE.
1.24 Garbaqe. All putrescible waste which generally includes, but is not limited to,
kitchen and table food waste, animal, vegetative, food or any other waste that is attendant with,
or results from the storage, preparation, cooking or handling of food materials attributed to
normal activities of a Service Unit. Garbage must be generated by and at the Service Unit
wherein the Garbage is collected. Garbage does not include those items defined herein as
Green Waste or Exempt Waste.
Page 9 of 45
City of Rohnert Park
Dated: November 17,2011
1.25 Green Waste. Any vegetative matter resulting from normal yard and landscaping
maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in
diameter and fits in the Green Waste Cart utilized by the Service Recipient. Green Waste
includes plant debris, such as Palm, Yucca and Cactus, grass clippings, leaves, pruning,
weeds, branches, brush, Holiday Trees, and other forms of vegetative waste and must be
generated by and at the Service Unit wherein the Green Waste is collected. Green Waste does
not include items herein defined as Exempt Waste.
1.26 Green Waste ProcessinQ Facility. Any facility selected by the FRANCHISEE that
is designed, operated and legally permitted for the purpose of receiving and processing Green
Waste, Vegetative Food Waste and Large Green Waste.
1.27 Hazardous Waste. Any material which is defined as a hazardous waste under
California or United States law or any regulations promulgated pursuant to such law, as such,
law or regulations may be amended from time to time.
1.28 Household Hazardous Waste. Any Hazardous Waste generated at an SFD or
MFD Service Unit.
1.29 LarQe Green Waste. Oversized Green Waste such as tree trunks and branches
with a diameter of not less than six (6) inches and not more than two (2) feet and a length of not
more than five (5) feet in its longest dimension, which are attributed to the normal activities of a
SFD, MFD, or City Service Unit. Large Green Waste must be generated by and at the Service
Unit wherein the Large Green Waste is collected.
1.30 Materials Recovery Facility (MRF). Any facility, selected by the FRANCHISEE
and approved by the CITY, or specifically designated by the CITY, designed, operated, and
legally permitted for the purpose of receiving, sorting, processing, storing, or preparing
Recyclable Materials for sale and/or recycling.
1.31 MFD Service Unit. Any combination of Dwelling Units in the Service Area
utilizing a common Garbage Bin for the accumulation and set-out of Solid Waste.
1.32 Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Service. Collection utilizing 1 - 8 cubic yard bins serviced by scout trucks (not front-end or rear
loaders), or 10 - 40 cubic yard containers serviced by roll-off vehicles that are provided to
Service Units for collection of non-putrescible waste and Construction and Debris Materials by a
person or company that holds a valid Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Franchise from the CITY and the delivery of that material to an appropriate
facility. Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Service does
not include Collection of Garbage generated from the on-going activities of a Service Unit, or
collection from any Service Unit that receives Permanent Debris Box and Roll-off Service from
Rohnert Park Disposal, Inc.
1.33 Permanent Debris Box and Roll-off Service. Permanent Debris Box and Roll-off
Service refers to those Service Units receiving collection service by Rohnert Park Disposal, Inc.
(the CITY'S exclusive franchised waste hauler) that receive regularly scheduled cart, bin, debris
boxes, roll-off, or compactor collection service. Permanent Debris Box and Roll-off Service also
include Service Units serviced by bins, debris boxes or roll-offs that have been placed and are
pulled by Rohnert Park Disposal, Inc. on scheduled or on-call basis as part of the daily, normal
activities of the Service Unit receiving the service.
1.34 ProcessinQ Facility. The licensed and permitted facility that meets local zoning
and land use requirements that has been designated by the FRANCHISEE for the processing of
Page 10 of 45
City of Rohnert Park
Dated: November 17, 2011
recyclable materials, green waste, solid waste material, Construction and Demolition Debris,
and other materials as appropriate.
1.35 Recyclable Materials. Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as Solid Waste. Recyclable Materials
include those materials defined by the CITY, including newsprint (including inserts); mixed
paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags
and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass
containers; aluminum beverage containers; scrap and cast aluminum (not exceeding forty (40)
pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin"
cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40)
pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers;
plastic bottles (#1-7); aluminum foil and pans; dry cell household batteries when contained in a
sealed heavy-duty plastic bag; and those materials added by the FRANCHISEE from time to
time.
1.36 Roll-off Container. A metal container that is normally loaded onto a motor vehicle
and transported to an appropriate facility.
1.37 Rubbish. All refuse, accumulation of paper, excelsior, rags, wooden boxes and
containers, sweep-ups and all other accumulations of a nature other than Garbage and Green
Waste, resulting from the normal activities of a Service Unit. Rubbish must be generated by
and at the Service Unit wherein the Rubbish is collected. Rubbish does not include items herein
defined as Exempt Waste.
1.38 Service Area. That area within the corporate limits of the City of Rohnert Park,
California.
1.39 Service Recipient. An individual or company receiving Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Service.
1.40 Service Unit. SFD Service Units, MFD Service Units, and Commercial Service
Units.
1.41 SFD Service Unit. Any Dwelling Unit in the Service Area utilizing a Garbage
Cart, or any combination of Dwelling Units sharing Garbage Carts, for the accumulation and set
out of Solid Waste.
1.42 SludQe. The accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply treatment,
or operation of an air pollution control facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having
similar characteristics or effects.
1.43 Solid Waste. Garbage and Rubbish resulting from the normal activities of a
Service Unit. Solid Waste must be generated by and at the Service Unit wherein the Solid
Waste is collected and does not include items defined herein as Exempt Waste.
1.44 Source Separated Recyclable Materials. Recyclable Materials that are
separated from all other Solid Waste, Rubbish, or Green Waste at the Service Unit prior to
collection by the FRANCHISEE.
1.45 "SCWMA" means the Sonoma County Waste Management Agency.
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City of Rohnert Park
Dated: November 17, 2011
1.46 Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Franchise. The Franchise granted by the CITY to the FRANCHISEE to provide Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Service.
1.47 Transfer Facility. The licensed and permitted facility designated by the
FRANCHISEE for transfer of Construction and Demolition Debris, and other materials as
appropriate prior to deliver to a Processing Facility.
1.48 White Goods. Discarded refrigerators, ranges, water heaters, freezers, and other
similar household appliances.
1.49 Work Day. Any day, Monday through Saturday that is not a holiday as set forth
in Article 3.09 of this Agreement.
ARTICLE 2. Term of Agreement
2.01 Term. The term of this Agreement shall be for a four (4) year and six (6) month
period beginning January 1, 2012 and terminating on June 30, 2016.
2.02 Extensions. At the sole discretion of the CITY, the CITY may extend the term of
this Agreement in up to twelve (12) month increments for a maximum of four (4) years.
2.02.1 Beginning on or about January 15, 2015, and each January 15th
thereafter, provided the City Manager determines that the FRANCHISEE has met all the
Diversion Standards set forth in Article 5 and the Record Keeping and Reporting Requirements
set forth in Article 8, the CITY may offer the FRANCHISEE in writing a twelve (12) month
extension of this Agreement. FRANCHISEE shall provide written notice to the CITY as to
whether FRANCHISEE accepts or rejects the CITY'S offer within twenty (20) Work Days of the
date of the offer. If FRANCHISEE fails to provide such notice to the CITY within twenty (20)
Work Days, the CITY's offer of an extension shall be deemed withdrawn.
2.03 Maximum Term. The maximum term of the Agreement, including all extensions,
shall not extend beyond June 30, 2020.
ARTICLE 3. Services Provided by the FRANCHISEE
3.01 Grant of Multiple Provider Exclusive Aqreement. Except as otherwise provided in
this Agreement, the FRANCHISEE is herein granted an agreement to provide Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Service within the Service Area. No
other solid waste or recycling service shall be provided by the FRANCHISEE.
3.02 Limitations to Scope of Multiple Provider Exclusive Aqreement.
3.02.1 No Collection of Garbage, Green Waste or Recycling carts or bins
from any Service Unit covered under the Franchise Agreement between the City of Rohnert
Park and Rohnert Park Disposal, Inc.
3.02.2 Large Items removed from a premises by a property cleanup or
maintenance company as an incidental part of the total cleanup or maintenance service offered
by the company rather than as a hauling service;
3.02.3 Animal waste and remains from slaughterhouse or' butcher shops for
use as tallow;
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City of Rohnert Park
Dated: November 17,2011
3.02.4
By-products of sewage treatment, including Sludge, ash, grit and
screenings;
3.02.5 Hazardous Waste regardless of its source; and
3.02.6 Residential Waste, Commercial Waste, City Waste, or Recyclable
Materials that are removed from a premise by a company through the performance of a service
that the FRANCHISEE has elected not to provide.
3.03 FRANCHISEE acknowledges and agrees that the CITY may permit other
persons besides the FRANCHISEE to collect any and all types of materials excluded from the
scope of this Agreement, as set forth above, without seeking or obtaining approval of
FRANCHISEE. If FRANCHISEE can produce evidence that other persons are servicing
Collection containers or are Collecting Solid Waste, Recyclable Materials, Large Items and/or
Green Waste in a manner that is not consistent with the CITY'S Municipal Code or this
Agreement, it shall report the location, the name and phone number of the person or company
to the CITY along with FRANCHISEE's evidence of the violation of the exclusiveness of this
Agreement and CITY shall take appropriate action to enforce the Code and this Agreement.
3.03.1 The scope of this Agreement shall be interpreted to be consistent with
applicable law, now and during the term of the Agreement. If future judicial interpretations of
current law or new laws, regulations, or judicial interpretations limit the ability of the CITY to
lawfully provide for the scope of services as specifically set forth herein, FRANCHISEE agrees
that the scope of the Agreement will be limited to those services and materials which may be
lawfully provided and that the CITY shall not be responsible for any lost profits or losses claimed
by FRANCHISEE to arise out of limitations of the scope of the Agreement set forth herein. In
such an event, it shall be the responsibility of FRANCHISEE to minimize the financial impact of
such future judicial interpretations or new laws.
3.04 Service Standards. FRANCHISEE shall perform all Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services under this Agreement in a thorough and
professional manner. Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services described in this Agreement shall be performed regardless of weather conditions or
difficulty of Collection.
3.05 Hours and Davs of Collection.
3.05.1 Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Service shall be provided at SFD and MFD Service Units, commencing no earlier
than 6:30 a.m. and terminating no later than 6:00 p.m. and in commercial areas, commencing
between the hours of 4:00 a.m. and terminating no later than 6:00 p.m. (except for holiday
service as set forth in Article 3.09 of this Agreement in which case normal Collection hours
may be utilized). The hours, days, or both of Collection may be extended due to extraordinary
circumstances or conditions with the prior written consent of the City Representative.
3.05.2 The CITY may direct FRANCHISEE to reduce the collection hours in
areas around schools to 3:00 p.m. and in high traffic areas during peak commute hours. The
CITY may direct FRANCHISEE to reduce the collection hours in areas around schools to 3:00
p.m. and in high traffic areas during peak commute hours. When the CITY is conducting road
overlay or slurry projects, the CITY reserves the right to temporarily redirect or restrict
FRANCHISEE from collection in the affected areas or temporarily change the collection hours
if needed. The hours of Collection may be extended due to extraordinary circumstances or
conditions with the prior written consent of the City Representative. In the event that
Page 13 of 45
City of Rohnert Park
Dated: November 17,2011
Commercial Service Units are within 100 feet of SFD Service Units, or the CITY or the
FRANCHISEE receives repeated noise complaints from residents, the Hours of collection for
Commercial Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services shall be the same as SFD Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services as specified in Section 3.05.2 herein.
3.06 Manner of Collection. The FRANCHISEE shall provide Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Services with as little disturbance as
possible and shall leave any debris box in an upright position at the same point it was collected
without obstructing alleys, roadways, driveways, sidewalks, or mail boxes.
3.07 Containers.
3.07.1 Ownership of Roll-off Containers. Ownership of Roll-off Containers
distributed by the FRANCHISEE shall rest with the FRANCHISEE except in the case of the
termination of the Agreement prior to the expiration of the initial term or optional extension term
due to the default of the FRANCHISEE. Under such circumstances, the CITY shall have the
right to take possession of the containers and shall retain such possession until satisfactory
arrangements can be made to provide Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services using other equipment. Such time of possession shall not be limited
and regardless of the time of possession, there shall be no monies owing to the FRANCHISEE:
from the CITY for the use of the equipment. Upon the receipt of written notice from the CITY,
FRANCHISEE shall submit to the City Representative an inventory of containers, including their
locations.
3.07.2 Inspection and Cleaninq. FRANCHISEE shall inspect all debris boxes
and containers prior to delivery. Debris boxes shall be in safe, sanitary, and operable condition
with working doors, hinges, locking devices, safety devices, floors and side walls without holes,
free of material or material build up, and without broken wheels, welds, or ladders that could
cause street damage or harm to users. All containers will have the name of the FRANCHISEE
and a local toll free phone number visible as reviewed and approved by the City.
3.07.3 FRANCHISEE shall remove any and all graffiti within 24 hours of
being identified by the FRANCHISEE or City Representative. FRANCHISEE shall not deliver a
container without FRANCHISEE information or with any graffiti visible on the container.
3.08 Labor and Equipment. FRANCHISEE shall provide and maintain all labor,
equipment, tools, facilities, and personnel supervision required for the performance of
FRANCHISEE's obligations under this Agreement. FRANCHISEE shall at all times have
sufficient backup equipment and labor to fulfill FRANCHISEE's obligations under this
Agreement. No compensation for FRANCHISEE's services or for FRANCHISEE's supply of
labor, equipment, tools, facilities or supervision shall be provided or paid to FRANCHISEE by
CITY or by any Service Recipient except as expressly provided by this Agreement.
3.09 Holiday Service. The CITY observes January 1st, Independence Day, Labor
Day, Thanksgiving Day, and December 25th as legal holidays. FRANCHISEE shall not provide
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services on the
designated holidays. In any week in which one of these holidays falls on a Work Day, SFD
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services for the
holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the
week with normally scheduled Friday Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services being performed on Saturday.
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City of Rohnert Park
Dated: November 17,2011
3.10 Transfer, RecyclinQ, ProcessinQ and Disposal.
3.10.1 Transfer, Recycling, Processing and Disposal Facilities.
FRANCHISEE shall select the transfer, recycling, processing and disposal facilities. Material
collected under this Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Service Agreement shall be delivered to facilities that comply with the California Department of
Resources Recycling and Recovery (CaIRecycle) regulations under Title 14, Chapter 3,
Minimum Standards for Solid Waste Handling and Disposal (Article 5.9 - Sections 17380-
17386). Except as set forth below, all material collected as a result of performing Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Services must be transported
to, and delivered on the same day as collection, to a properly permitted recycling or processing
facility. All material collected will be weighed and documented through a weight ticket using
certified scales located at the receiving facility. In the event the recycling or processing or
disposal facility is closed on a Work Day, the FRANCHISEE shall transport the material at such
other legally permitted facility. FRANCHISEE must assure that all recycling and processing
facilities are properly permitted to receive material collected under the Multiple Provider
Exclusive Temporary Debris Box and Roll-Off Services Agreement. Failure to comply with this
provision shall result in the levy of Liquidated Damages as specified in Article 11 of this
Agreement and may result in the FRANCHISEE being in default under this Agreement.
FRANCHISEE may deliver Source Separated Recyclables to a recycling facility that is exempt
from Title 14, Chapter 3, Minimum Standards for Solid Waste Handling and Disposal (Article 5.9
..,- Sections 17380-17386), provided that such an exempt recycling facility is approved to accept
Source Separated Recyclables, and is fully licensed and permitted and meets local land use
and zoning requirements.
3.10.2 FRANCHISEE must assure that all transfer, recycling, processing or
disposal facilities selected by FRANCHISEE shall possess all existing permits and approvals by
local enforcement agencies, planning and land use departments for the transfer, recycling,
processing or disposal site to be in full compliance with all regulatory agencies to conduct all
operations at the approved location. FRANCHISEE shall, upon written request from the CITY,
shall arrange for the facilities selected by the FRANCHISEE, provide copies of facility permits,
notices of violations, inspection areas or concerns, or administrative action to correct
deficiencies related to the operation. Failure to provide facility information shall result in the levy
of Liquidated Damages as specified in Article 11 of this Agreement and may result in the
FRANCHISEE being in default under this Agreement.
3.10.3 Processing and Disposal. FRANCHISEE shall process and dispose of
all material collected from Service Units pursuant to this Agreement in accordance with the
following hierarchy:
· Reuse
· Disassemble for reuse or recycling
· Recycle
· Transformation for biomass energy
· Disposal
3.10.4 FRANCHISEE shall not landfill such collected material unless the
material cannot be reused or recycled.
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City of Rohnert Park
Dated: November 17, 2011
3.11 Inspections. The CITY shall have the right to inspect the FRANCHISEE's
facilities or collection vehicles and their contents at any time while operating inside or outside
the CITY.
3.12 SpillaQe and Litter. The FRANCHISEE shall not litter premises in the process of
providing Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services or
while its vehicles are on the road. The FRANCHISEE shall transport all materials Collected
under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such
materials from the FRANCHISEE's vehicle. The FRANCHISEE shall exercise all reasonable
care and diligence in providing Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Services so as to prevent spilling or dropping of and material and shall immediately,
at the time of occurrence, clean up such spilled or dropped materials. All temporary containers
and debris boxes will be tarped or covered transporting on CITY streets.
3.12.1 The FRANCH ISEE shall not be responsible for cleaning up sanitary
conditions caused by the carelessness of the Service Recipient; however, the FRANCHISEE
shall clean up any material or residue that are spilled or scattered by the FRANCHISEE or its
employees.
3.12.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or
debris resulting from the FRANCHISEE's operations or equipment repair shall be covered
immediately with an absorptive material and removed from the street surface. When necessary,
FRANCHISEE shall apply a suitable cleaning agent to the street surface to provide adequate
cleaning. To facilitate such cleanup, FRANCHISEE's vehicles shall at all times carry sufficient
quantities of petroleum absorbent materials along with a broom and shovel.
3.12.3 The above paragraphs not withstanding, FRANCHISEE shall clean up
any spillage or litter caused by FRANCHISEE within two (2) hours upon notice from the CITY.
3.12.4 In the event where damage to CITY streets is caused by a hydraulic
oil spill, FRANCHISEE shall be responsible for all repairs to return the street to the same
condition prior to the spill. FRANCHISEE shall also be responsible for all clean-up activities
related to the spill. Repairs and clean-up shall be performed in a manner satisfactory to the City
Representative and at no cost to the CITY.
3.12.5 Ownership of Materials.
3.12.6 Title to Multiple Provider Exclusive Temporary Debris Box and Roll-off
material shall pass to FRANCHISEE at such time as said materials are placed in the
FRANCHISEE's Collection vehicle.
3.12.7 Title to material Collected as part of the City Requested Clean-up
Service or Special Collection Service shall pass to FRANCHISEE at the time the material is
placed in the Roll-off Container or other Collection vehicle or container approved for use at the
event.
3.13 Hazardous Waste.
3.13.1 Under no circumstances shall FRANCHISEE's employees knowingly
collect Hazardous Waste, or remove unsafe or poorly containerized Hazardous Waste, from a
Collection container. If FRANCHISEE determines that material placed in any container for
Collection is Hazardous Waste, or other material that may not legally be accepted at the
Disposal Facility or one of the processing facilities, or presents a hazard to FRANCHISEE's
employees, the FRANCHISEE shall have the right to refuse to accept such material. The
Page 16 of 45
City of Rohnert Park
Dated: November 17, 2011
generator shall be contacted by the FRANCHISEE and requested to arrange for proper disposal
service. If the generator cannot be reached immediately, the FRANCHISEE shall, before leaving
the premises, leave a Non-Collection Notice, which indicates the reason for refusing to collect
the material.
3.13.2 If Hazardous Waste is found in a Collection container that poses an
imminent danger to people or property, the FRANCHISEE shall immediately notify the Rohnert
Park Police Department. The FRANCHISEE shall immediately notify the CITY of any Hazardous
Waste that has been identified.
3.13.3 If Hazardous Waste is identified at the time of delivery to the one of
the transfer, recycling, processing or disposal facilities and the generator cannot be identified,
FRANCHISEE shall be solely responsible for handling and arranging transport and disposition
of the Hazardous Waste.
3.14 Requlations and Record Keepinq. FRANCHISEE shall comply with emergency
notification procedures required by applicable laws and regulatory requirements. All records
required by regulations shall be maintained at the FRANCHISEE's facility. These records shall
include waste manifests, waste inventories, waste characterization records, inspection records,
incident reports, and training records.
ARTICLE 4. Charges and Rates
4.01 Charqes and Rates for Temporary Debris Box and Roll-off Collection Services. In
consideration of and as compensation for the performance of temporary debris box and roll-off
collection services, FRANCHISEE shall, in its sole discretion, establish, charge and collect
Customer Rates. The Customer Rates shall be the full, entire and complete compensation due
to FRANCHISEE under this Agreement.
4.02 Billing and Collection. The FRANCHISEE shall be responsible for the billing and
collection of payments for all Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Services. City shall not be liable for and FRANCHISEE shall release City from
paying for or collecting any Customer's bills or charges. City shall not set or approve
Contractor's Customer Rates.
4.02.1 Production of Invoices. The FRANCHISEE shall produce an invoice,
in a form and format that is approved by the City Representative, for services received under
this Agreement. The FRANCHISEE's invoice shall be remitted to the Service Recipient and will
include at a minimum; date of service, material collected, weight collected, and total amount
charged.
4.02.2 Methods of Payment. FRANCHISEE shall provide the means for
customers to pay bills through the following methods: cash, checks, credit cards, internet
payment service or automatic withdrawal from bank account.
4.03 FRANCHISEE's Payments to CITY. FRANCHISEE shall make payment to the
CITY of such fees as may be specified in this Article 4.07.
4.03.1 Franchise Fee. To reimburse City for costs associated with
administration of the Agreement, and in consideration of the franchise granted to FRANCHISEE
by the Agreement, FRANCHISEE shall make the following Franchise Fee payments to the City;
4.03.1.1 Initial Franchise Fee Payments. Within thirty (30) days
after award of a franchise under this Agreement, FRANCHISEE shall make a payment ("Initial
Page 17 of 45
City of Rohnert Park
Dated: November 17,2011
Franchise Fee Payment") to CITY of Fifty Thousand Dollars ($50,000). The Initial Franchise Fee
Payment is in addition to, and shall not be treated as a prepayment of, the Monthly Franchise
Payments described below.
4.03.1.2 Monthly Franchise Fee Payments. In addition to the Initial
Franchise Fee Payment described in subsection 4.03.1.1 above, FRANCHISEE shall pay CITY
a monthly Franchise Fee payment ("Monthly Franchise Fee Payment") equal to fifteen percent
(15%) of all gross revenue collected under the terms of the Agreement. Payment to CITY shall
be due, on the fifteenth (15th) day of the month following the month the revenues are collected.
Each such payment shall be accompanied by an accounting, which sets forth FRANCHISEE's
gross revenues collected during the preceding month. Gross revenue shall specifically include
revenue received by the FRANCHISEE from any entity, including Federal, State, County, or
other local facilities within the Service Area for the provision of Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services by the FRANCHISEE.
4.03.2 Out of County Disposal Fee. If the FRANCHISEE elects not to use
Sonoma County's solid waste facilities for transfer, processing or disposal of Construction and
Demolition Debris Collected by the FRANCHISEE in accordance with this Agreement,
FRANCHISEE shall pay any and all fees imposed by Sonoma County or the Sonoma County
Waste Management Agency levied against the CITY for such non-use of the Sonoma County
solid waste facilities. Any and all payments due by FRANCHISEE under this subsection shall
be paid within thirty (30) days notice by the CITY.
4.03.3 Proposal Development Fee. The City requires the FRANCHISEE to
reimburse the City a total of Twenty-Five Thousand Dollars ($25,000) for the cost of this
procurement. The reimbursement is a one-time payment due within 30 days after execution of
the Multiple Provider Exclusive Agreement award. In addition, City requires the FRANCHISEE
to reimburse the City for the costs of conducting environmental review pursuant to the California
Environmental Quality Act ("CEQA"), which cost shall include consultants and attorneys fees,
provided that such reimbursement shall be shared on a pro-rata basis between City,
FRANCHISEE and [INSERT NAME OF OTHER HAULER].
4.04 No acceptance by CITY of any payment shall be construed as an accord that the
amount is in-fact the correct amount, nor shall such acceptance of payment be construed as a
release of any claim CITY may have against FRANCHISEE for any additional sums payable
under the provisions of this Agreement. All amounts paid shall be subject to independent audit
and recompilation by CITY. If, after the audit, such recompilation indicates an underpayment
FRANCHISEE shall pay to CITY the amount of the underpayment and shall reimburse CITY for
all reasonable costs and expenses incurred in connection with the audit and recompilation
within ten (10) Work Days of receipt of written notice from CITY that such is the case. If, after
audit, such recompilation indicates an overpayment, CITY shall notify the FRANCHISEE in
writing of the amount of the overpayment, less costs and expenses incurred in connection with
Page 18 of 45
City of Rohnert Park
Dated: November 17, 2011
the audit and recompilation. FRANCHISEE may offset the amounts next due following receipt of
such notice by the amount specified therein.
ARTICLE 5.
Diversion Standards
5.01 Tonnaqe Data. On or before April 15, 2012 and quarterly thereafter during the
term of this Agreement, FRANCHISEE shall deliver to CITY a quarterly report as specified in
Section 8.02.1 listing the actual tonnage delivered by the FRANCH ISEE to the Recycling,
Processing, or Transformation Facility (for biomass energy only), the tonnage of material
discarded or landfilled including residue, and the tonnage of material recycled, composted, or
transformed by material type (metal, wood, concrete, green waste, etc.) for the preceding
quarter.
5.02 Minimum Diversion Standard. The CITY requires the FRANCHISEE to
achieve the guaranteed diversion rate with a minimum annual diversion rate of seventy percent
(70%) for Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services.
The annual diversion rate will be calculated as "the tons of materials Collected by
FRANCHISEE from the provision of Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services that are sold or delivered to a processing, transformation facility (for
biomass energy only), recycler or re-user, net of all residue, as required by this Agreement,
divided by the total tons of materials Collected under this Agreement by FRANCHISEE in each
Calendar Year."
5.02.1 Failure to Meet Minimum Diversion Standard. FRANCHISEE's failure
to meet the Minimum Diversion Standard set forth above in Article 5.02 will result in immediate
termination of this Agreement.
5.03 Guaranteed Diversion Standard. The Guaranteed Oiversion Standard will be the
percentage that the FRANCHISEE proposed in the response to the RFP on the Franchise
Application. The annual Guaranteed Diversion Standard will be calculated as "the tons of
materials Collected by FRANCHISEE from the provision of Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services that are sold or delivered to a processing
facility transformation facility (for biomass energy only), recycler or re-user, net of all residue, as
required by this Agreement, divided by the total tons of materials Collected under this
Agreement by FRANCHISEE in each Calendar Year."
Guaranteed Diversion Standard 7 D %
FRANCHISEE Initial Here Ip'
5.03.1 Failure to Meet Guaranteed Diversion Standard. FRANCHISEE's
failure to meet the Guaranteed Diversion Standard set forth above in Article 5.02 w'ill result in
the FRANCHISEE being required to pay a Franchise Fee of 35 percent of gross revenue for all
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services that are
provided beginning on January 1st of the year following the year that the FRANCHISEE failed to
meet the Guaranteed Diversion Standard. The Franchise Fee of 35 percent of gross revenue
will remain in effect until the FRANCHISEE provides two consecutive quarterly reports that
demonstrate compliance with the Guaranteed Diversion Standard. In addition, for failure to
meet the Guaranteed Diversion Standard, FRANCHISEE will also have to pay the CITY the
Administrative Fee's as specified in Article 11, and FRANCHISEE will not be eligible to receive
term extensions as specified in Article 2.
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City of Rohnert Park Dated: November 17, 2011
ARTICLE 6. Collection Equipment
6.01 Equipment Specifications.
6.01.1 General Provisions. All equipment used by FRANCHISEE in the
performance of services under this Agreement shall be of a high quality. The vehicles shall be
designed and operated so as to prevent collected materials from escaping from the vehicles. All
collection boxes or containers while driving on city streets shall be tarped, covered, or enclosed
with screening material to prevent collected materials from leaking, blowing, or falling from the
vehicles. All trucks and containers shall be watertight and shall be operated so that liquids do
not spill during Collection or in transit.
6.01.2 Clean Air Vehicles. During the term of this Agreement, tothe extent
required by law, FRANCHISEE shall provide its Collection vehicles to be in full compliance with
local, State and federal clean air requirements that were adopted or proposed to be adopted,
including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards
as currently proposed to be contained in CCR Title 13, Section 2020 et seq; the Federal EPA's
Highway Diesel Fuel Sulfur regulations and any other applicable air pollution control laws.
6.01.3 Safety Markinqs. All Collection equipment used by FRANCHISEE
shall have appropriate safety markings including, but not limited to, highway lighting, flashing
and warning lights, clearance lights, and warning flags. All such safety markings shall be subject
to the approval of the CITY and shall be in accordance with the requirements of the California
Vehicle Code, as may be amended from time to time.
6.01.4 Vehicle Siqnaqe and Paintinq. Collection vehicles, except reserve
equipment used on a temporary basis, shall be painted and numbered consecutively without
repetition and shall have the FRANCHISEE's name, FRANCHISEE's customer service
telephone number, and the number of the vehicle painted in letters of contrasting color as
reviewed and approved by the City. No advertising shall be permitted other than the name of the
FRANCHISEE. FRANCHISEE shall repaint or discontinue the use of a vehicle at the request of
the City Representative to maintain a positive public image as reasonably determined by the
City Representative.
6.01.5 Container Siqnaqe, Paintinq, and Cleaning. Temporary Boxes and
Containers, shall be painted and numbered consecutively without repetition and shall have the
FRANCHISEE's name, FRANCHISEE's customer service telephone number, and the number of
the vehicle painted in letters of contrasting color, as reviewed and approved by the City. No
advertising shall be permitted other than the name of the FRANCHISEE. Such containers as are
provided by the FRANCHISEE shall be steam cleaned by the FRANCHISEE as frequently as
necessary so as to maintain them in a sanitary condition. FRANCHISEE shall repaint or
discontinue the use of a container at the request of the City Representative to maintain a
positive public image as reasonably determined by the City Representative.
6.01.6 Vehicle Noise Level. All Collection operations shall be conducted as
quietly as possible and must comply with U.S. EPA noise emission regulations currently codified
at 40 CFR Part 205, and other applicable State, County and CITY noise control regulations.
6.01.7 Collection Vehicle Size Limitations. Debris Box collection trucks must
not exceed a maximum GVWR of 53,000 Ibs.
6.02 Vehicle Reqistration, Licensing and Inspection. On or before Junuary 1, 2012, or
as soon as practical, and on or before January 1st annually thereafter during the term of this
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City of Rohnert Park
Dated: November 17,2011
Agreement, FRANCHISEE shall submit documentation to the City Representative to verify that
each of the FRANCHISEE's Collection vehicles are in compliance with all registration, licensing
and inspection requirements of the California Highway Patrol, the California Department of
Motor Vehicles, and any other applicable laws or regulations. FRANCHISEE shall not use any
vehicle to perform Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services that is not in compliance with applicable registration, licensing, and inspection
requirements.
6.03 Equipment Maintenance. FRANCHISEE shall maintain Collection equipment in a
clean condition and in good repair at all times. All parts and systems of the Collection equipment
shall operate properly and be maintained in a condition satisfactory to CITY. FRANCHISEE
shall wash all Collection vehicles at least once a week.
6.04 Maintenance LOQ. FRANCHISEE shall maintain a maintenance log for all
Collection vehicles. The log shall at all times be accessible to CITY by physical inspection upon
request of City Representative, and shall show, at a minimum, each vehicles' FRANCHISEE
assigned identification number, date purchased or initial lease, dates of performance of routine
maintenance, dates of performance of any additional maintenance, and description of additional
maintenance performed.
6.04.1 Equipment Inventory. On or before January 1, 2012, or as soon as
practical, and on or before January 151 annually thereafter during the term of this Agreement,
FRANCHISEE shall provide to Clry an inventory of Collection vehicles and major equipment
used by FRANCHISEE for Collection or transportation and performance of services under this
Agreement. The inventory shall indicate each Collection vehicle by FRANCHISEE assigned
identification number, DMV license number, the age of the chassis and body, type of fuel used,
the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition,
the decibel rating and the maintenance status. FRANCHISEE shall submit to the City
Representative, either by Fax or e-mail, an updated inventory annually to the CITY or more
often at the request of the City Representative.
6.04.2 Reserve Equipment. The FRANCHISEE shall have available to it, at
all times, reserve Collection equipment which can be put into service and operation within one
(1) hour of any breakdown. Such reserve equipment shall correspond in size and capacity to the
equipment used by the FRANCHISEE to perform the contractual duties.
ARTICLE 7.
FRACHISEE'S Office
7.01 FRANCHISEE'S Office. The FRANCHISEE shall maintain an office that provides
toll-free telephone access to residents and businesses of the CITY and is staffed by trained and
experienced Customer Service Representatives (CSR's). Such office shall be equipped with
sufficient telephones that all Collection Service related calls received during normal business
hours are answered by an employee within five (5) rings, and shall have responsible persons in
charge during Collection hours and shall be open during such normal business hours, 8:00 a.m.
to 6:00 p.m. on all Work Days. The FRANCHISEE shall provide either a telephone answering
service or mechanical device to receive Service Recipient inquiries during those times when the
office is closed. Calls received after normal business hours shall be addressed the next Work
Day morning.
7.01.1 EmerQency Contact. The FRANCHISEE shall provide the City
Representative with an emergency phone number where the FRANCHISEE can be reached
outside of the required office hours.
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City of Rohnert Park
Dated: November 17, 2011
7.01.2 Multilinqual/TDD Service. FRANCHISEE shall at all times maintain the
capability of responding to telephone calls in English and one (1) other language (Spanish) as
the CITY may direct. FRANCHISEE shall at all times maintain the capability or responding to
telephone calls through Telecommunications Device for the Deaf (TDD) Services.
7.01.3 Service Recipient Calls. During office hours, FRANCHISEE shall
maintain a telephone answering system capable of accepting at least five (5) incoming calls at
one (1) time. FRANCHISEE shall record all calls including any inquiries, service requests, and
complaints into a customer service log.
7.01.4 In Cominq Calls. All incoming calls will be answered within five (5)
rings. Any call "on-hold" in excess of one and one-half (1.5) minutes shall have the option to
remain "on-hold" or to be switched to a message center where Service Recipient can leave a
message. FRANCHISEE's customer service representative shall return Service Recipient calls.
ARTICLE 8. Record Keeping & Reporting Requirements
8.01 Record Keepinq.
8.01.1 Accounting Records. FRANCHISEE shall maintain full, complete
and separate financial, statistical and accounting records, pertaining to cash, billing, and
provisions of all Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services provided under this Agreement, prepared on an accrual basis in accordance with
generally accepted accounting principles. Such records shall be subject to audit, copy, and
inspection. FRANCHISEE shall report gross revenues received from provision of the Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Services. FRANCHISEE shall
maintain and preserve all cash, billing and disposal records for a period of not less than five (5)
years following the close of each of the FRANCHISEE's fiscal years.
8.01.2 Aqreement Materials Records. FRANCHISEE shall maintain records
of the quantities of City Waste Collected and disposed under the terms of this Agreement, and
(ii) Recyclable Materials, by type, Collected, processed, sold, donated or given for no
compensation, and residue disposed.
8.01.3 Other Records. FRANCHISEE shall maintain all other records
reasonably related to provision of Multiple Provider Exclusive Temporary Debris Box and RolI-
off Collection Services, whether or not specified in this Article 8 or elsewhere in the Agreement.
8.02 Reportinq Requirements. Quarterly reports shall be submitted no later than thirty
(30) calendar days after the end of the reporting quarter and annual reports shall be submitted
no later than thirty (30) calendar days after the end of each Agreement Year. Quarterly and
annual reports shall be submitted in hard copy, and shall be provided electronically via e-mail,
or a compact disc using software acceptable to the CITY.
8.02.1 Quarterly Reports. Quarterly reports to the CITY shall include:
8.02.1.1 Material Collected Data. A listing of the tonnage collected
from all Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services,
diverted and disposed by the FRANCHISEE at the Processing, Recycling, Transformation (for
biomass energy only), and Disposal Facility for the preceding quarter.
8.02.1.2 Recyclinq Data. The number of gross tons Collected,
processed, and sold or delivered to a recycler (other than processing facility) by material type
for the preceding quarter. Indicate, by material type (and grade where appropriate), quarterly
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City of Rohnert Park
Dated: November 17, 2011
total of Recyclable materials processed and sold including facility name and location. Indicate
any quantities, by material type, donated or otherwise disbursed without compensation. Indicate
quarterly totals and location for Residue disposed.
8.02.1.3 Operational Problems and Actions Taken. Indicate
instances of property damage or injuries, and any loads rejected, reason for rejection and
disposition of load after rejection.
8.02.2 Annual Reports. The annual report to the CITY shall include all
quarterly reports in Articles 8.2.1 through 8.2.1.3 summarized by quarter and totaled for the
year. The FRANCHISEE shall include a historical comparison of the last Agreement Year and
prior years with a brief explanation on any increases or decreases in tonnage and diversion
figures of all Agreement Years. Annual reports shall be submitted to CITY each Agreement Year
by March 15th, beginning on March 15,2013.
8.02.2.1 A summary of the prior year's gross revenue received and
Franchise Fees paid.
8.02.2.2 Updated complete inventory of collection and major
processing equipment including stationary, rolling stock and collection containers by type and
size.
8.03 Additional ReportinQ. The FRANCHISEE shall furnish the CITY with any
additional reports as may reasonably be required, such reports to be prepared within a
reasonable time following the reporting period.
ARTICLE 9. Nondiscrimination
9.01 Nondiscrimination. In the performance of all work and services under this
Agreement, FRANCHISEE shall not discriminate against any person on the basis of such
person's race, sex, color, national origin, religion, marital status, age, disability, or sexual
orientation. FRANCHISEE shall comply with all applicable local, state, and federal laws and
regulations regarding nondiscrimination, including those prohibiting discrimination in
employment.
ARTICLE 10. Service Inquiries and Complaints
10.01 FRANCHISEE'S Customer Service. All service inquiries and complaints shall be
directed to the FRANCHISEE. A representative of the FRANCHISEE shall be available to
receive the complaints during normal business hours. All service complaints will be handled by
the FRANCHISEE in a prompt and efficient manner. In the case of a dispute between the
FRANCHISEE and a Service Recipient, the matter will be reviewed and a decision made by the
City Representative.
10.01.1 The FRANCHISEE will utilize the Customer Service Log to maintain a
record of all inquiries and complaints in a manner prescribed by the CITY.
ARTICLE 11. Quality of Performance of FRANCH ISEE
11.01 Intent. FRANCHISEE acknowledges and agrees that one of CITY'S primary
goals in entering into this Agreement is to ensure that the Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services are of the highest caliber, that Service
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City of Rohnert Park
Dated: November 17, 2011
under this Agreement. FRANCHISEE's performance of work or services shall include
performance by FRANCHISEE's employees, agents, representatives and subcontractors.
14.01.1 Minimum Scope of Insurance. Insurance coverage shall be at least
this broad:
14.01.1.1 Insurance Services Office Form No. GO 0002 or, if
approved by CITY, its equivalent, covering Comprehensive General Liability and Insurance
Services Office Form No. GL 0404 covering Broad Form Comprehensive General Liability; or
Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001).
14.01.1.2 Insurance Services Office Form NO.CA 0001 covering
Automobile Liability, cod.e 1 "any auto", or code 2 "owned autos" and endorsement CA 0025.
Coverage shall also include code 8, "hired autos" and code 9 "non-owned autos."
14.01.2 Workers' Compensation Insurance as required by the California Labor
Code and Employers Liability Insurance and/or Errors and Omissions.
14.01.3 Hazardous Waste and Environmental Impairment Liability Insurance.
14.01.4 Employee Blanket Fidelity Bond.
14.02 Minimum Limits of Insurance. FRANCHISEE shall maintain insurance limits no
less than:
14.02.1 Comprehensive General Liability: Ten Million Dollars
($10,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and
property damage.
14.02.2 Automobile Liability: Ten Million Dollars ($10,000,000.00) combined
single limit per accident for bodily injury and property damage.
14.02.3 Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the California Labor Code and Employers Liability limits of
Three Million Dollars ($3,000,000.00) per accident.
14.02.4 Hazardous Waste and Environmental Impairment Liability: Three
Million Dollars ($3,000,000.00) each occurrence/Ten Million Dollars ($10,000,000.00) policy
aggregate covering liability arising from the release of waste materials and/or irritants,
contaminants or pollutants. Such coverage shall, if commercially available without involvement
of CITY, automatically broaden in its form of coverage to include legislated changes in the
definition of waste material and/or irritants, contaminants or pollutants. This policy shall stipulate
this insurance is primary and no other insurance carried by CITY will be called upon to
contribute to the loss suffered by the FRANCHISEE hereunder and waive subrogation against
the CITY and other additional insured's.
14.03 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention
must be declared to, and approved by, CITY.
14.04 Endorsements. The policies are to contain, or be endorsed to contain, the
following provisions:
14.04.1 The CITY, its officers, employees, agents and volunteers are to be
covered as additional insured's with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of FRANCHISEE; products and completed operations of
FRANCHISEE; and with respect to liability arising from work or operations performed by or on
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City of Rohnert Park
Dated: November 17, 2011
behalf of the FRANCHISEE including material parts or equipment furnished in connection with
such work or operations; Pollution and/or Asbestos Pollution.
14.04.2 FRANCHISEE's insurance coverage shall be primary insurance as
respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall
be excess of the FRANCHISEE's insurance and shall not contribute with it.
14.04.3 Each insurance policy required by this clause shall be occurrence-
based, or an alternative form as approved by the CITY and shall be endorsed to state that
coverage shall not be cancelled by the Insurer except after thirty (30) days prior written notice
has been given to the CITY.
14.04.4 The FRANCHISEE's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
14.04.5 The Automobile Liability policy shall be endorsed to delete the
Pollution and/or the Asbestos exclusion and add the Motor Carrier act endorsement (MCS-90)
TL 1005, TL 1007 and lor other endorsements required by federal or state authorities.
14.04.6 Worker's Compensation and Employers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials,
employees, and volunteers for losses arising from work performed by the Grantee for the CITY.
14.04.7 All Coverage's. Each insurance policy required by this clause shall be
occurrence-based or an alternate form as approved by the CITY and endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or
limits except after thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
14.04.7.1 Any failure to comply with reporting provisions of the
policies shall not affect FRANCHISEE's obligations to CITY, its officers, officials, employees,
agents, or volunteers.
14.04.7.2 The CITY, it's officers, officials, agents, employees and
volunteers shall be named as additional insured's on all policies.
14.05 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII if admitted. If pollution and or Environmental Impairment
and/or errors and omission coverage are not available from an "Admitted" insurer, the coverage
may be written with the CITY'S permission, by a NON-admitted insurance company. A Non-
admitted company should have an A.M. Best's rating of A: X or higher.
14.06 Verification of Coverage. FRANCHISEE shall furnish CITY with original
certificates and with amendatory endorsements effecting coverage required by this clause. The
endorsements are to be signed by a persons authorized by the Insurer to bind coverage on its
behalf. The endorsements are to be on forms provided by the CITY, unless the insurer will not
use the CITY'S forms. All endorsements are to be received and approved by the CITY before
work commences. As an alternative to the CITY'S forms, the FRANCHISEE's insurer may
provide complete copies of all required insurance policies, including endorsements effecting
coverage required by these specifications.
14.07 Subcontractors. FRANCHISEE shall include all subcontractors as insured's
under its policies or shall obtain separate certificates and endorsements for each subcontractor.
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City of Rohnert Park
Dated: November 17, 2011
14.07.1 Proof of insurance shall be mailed to the following address or any
subsequent address as may be directed in writing by the CITY.
Director of Administrative Services
Rohnert Park City Clerk
130 Avram Avenue
Rohnert Park, CA 94928
14.08 Modification of Insurance Requirements. The insurance requirements provided in
this Agreement may be modified or waived by the CITY, in writing, upon the request of
FRANCHISEE if the CITY determines such modification or waiver is in the best interest of CITY
considering all relevant factors, including exposure to CITY.
14.09 Riqhts of Subroqation. All required insurance policies shall preclude any
underwriter's rights of recovery or subrogation against CITY with the express intention of the
parties being that the required insurance coverage protects both parties as the primary
coverage for any and all losses covered by the above-described insurance. FRANCHISEE shall
ensure that any companies issuing insurance to cover the requirements contained in this
Agreement agree that they shall have no recourse against CITY for payment or assessments in
any form on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured
Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in
which CITY is named as an additional insured shall not apply to CITY.
ARTICLE 15.
Indemnification and Release
15.01 Indemnification of the CITY. FRANCHISEE shall defend, indemnify and hold
harmless, to the fullest extent allowed by law, CITY, its officers, officials, employees, volunteers
agents and assignees (collectively "Indemnities"), from and against any and all loss, liability,
penalties, forfeitures, claims, demands, actions, proceedings or suits, in law or in equity, of
every kind and description, (including, but not limited to, injury to and death of any person and
damage to property, or for contribution or indemnity claimed by third parties) (hereinafter
"Claims") arising or resulting from or in any way connected with the following:
(i) the operation of the FRANCHISEE, it agents, employees, FRANCHISEE's, and/or
subcontractors, in excising the privileges granted to it by this Agreement;
(ii) any actions taken by the FRANCHISEE in performing acts under this agreement;
(iii) the failure of the FRANCHISEE, it agents, employees, FRANCHISEE' FRANCHISEE s,
and/or subcontractors to comply in all respects with the provisions and requirements of this
Agreement, applicable laws, ordinances and regulations, and/or applicable permits and
licenses; and
(iv) the acts of FRANCHISEE, its agents, employees, FRANCHISEE, and/or subcontractors
in performing services under this Agreement for which strict liability is imposed by law.
(v) the award of the Agreement and the privileges granted therein to the FRANCHISEE, it
agents, employees, FRANCHISEEs, and/or subcontractors; and
(vi) the failure of the CITY and/or it Indemnities to comply in any respect with the provisions
and requirements of this Agreement, applicable laws, ordinances and regulations, and/or
applicable permits and licenses in the award of this Agreement.
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City of Rohnert Park
Dated: November 17, 2011
The foregoing indemnity shall apply regardless of whether such 10ss,liability, penalty,
forfeiture, claim, action, suite injury, death, or damage is also caused in part by any of the
indemnities' negligence.
15.02 The FRANCHISEE's obligation to defend, hold harmless, and indemnify shall not
be excused because of the FRANCHISEE's inability to evaluate Liability or because the
FRANCHISEE evaluates Liability and determines that the FRANCHISEE is not liable the
claimant. The FRANCHISEE must respond within thirty (30) days to the tender of a claim for
defense and indemnity by the CITY, unless this time has been extended by the CITY. If the
FRANCHISEE fails to accept or reject a tender of defense and indemnity within thirty (30) days,
in addition to any other remedy authorized by law, so much of the money due the FRANCHISEE
under the by virtue of this Agreement as shall reasonably be considered necessary by the CITY,
may be retained by the CITY until disposition has been made or the claim or suit for damages,
or until the FRANCHISEE accepts or ejects the tender of defense, whichever occurs first.
With respect to third party claims against the FRANCHISEE, the FRANCHISEE waives
any and all rights of any type to express or implied indemnity against the Indemnities.
15.03 Hazardous Substances Indemnification. City and FRANCHISEE are mindful of
the provisions of the laws governing the safe collection, transport, recycling and disposal of
residential and commercial Solid Waste, including AB 939, the Resource Conservation and
Recovery Act ("RCRA"), 42 U.S.C. ~~ 6901 et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ~~ 9601 et. seq.; the
Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50,
Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws
governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices
("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium
vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries
(rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed
lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc
batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury
thermometers, mercury-containing switches. The CITY and FRANCHISEE agree that CITY is
not a "generator" or an "arranger" as those terms are used in the context of CERCLA ~
107(a)(3). It is FRANCHISEE, an independent entity, not CITY, which will arrange to collect,
transport for recycling and disposal and dispose of construction and demolition materials and
related refuse under this Agreement.
15.04 The FRANCHISEE shall indemnify, hold harmless, defend with counsel
acceptable to the CITY, protect and hold harmless the CITY, its officers, officials, employees,
agents, assigns and any successor or successors to the CITY'S interest from and against all
claims, damages (including but not limited to special, consequential, natural resources and
punitive damages) injuries, response mediation and removal costs, losses, demands, depts.,
liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties, attorney's fees for the adverse party and expenses (including but not limited
to attorney's and expert witness fees an costs incurred in connection with defending against any
of the forgoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by,
or asserted against CITY or is officers, officials, employees, agents, assigns, or contactors
arising from or attributable to acts or omissions including but not limited to any repair, cleanup or
detoxification, or preparation and implementation of any removal, remedial, response, closure or
other plan (regardless of whether undertake due to governmental action) concerning any
hazardous substance or hazardous wastes at any place where FRANCHISEE transports,
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City of Rohnert Park
Dated: November 17,2011
stores, or disposes of Solid Waste pursuant to this Agreement. The foregoing indemnity is
intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C.
sections 9607(c) and California Health and Safety Code Section 25364, to defend insure,
protect, hold harmless and indemnify the CITY from liability.
15.05 FRANCHISEE agrees to protect, indemnify, hold harmless, and defend CITY
with counsel selected by FRANCHISEE and approved by CITY, to pay all attorneys' fees, and to
indemnify and hold CITY harmless from and against all fines or penalties imposed by the
California Integrated Waste Management Board if the diversion goals specified in California
Public Resources Code Section 41780 as of the date hereof and hereafter throughout are not
met by the CITY with respect to the materials Collected by FRANCHISEE anq if the lack in
meeting such goals are attributable to the failure of the FRANCHISEE to implement and operate
the recycling or diversion programs or undertake the related activities required by this
Agreement.
15.06 As provided in the Recitals hereto, the parties have determined and agree that
the rates and fees provided under this Agreement are not subject to California Constitution
Articles XIIIC and XIIID. Nevertheless, this is a legal determination which is subject to changes
in the law and further interpretations of the law. Accordingly, FRANCHISEE shall defend, hold
harmless, and indemnify CITY, its officers, officials, employees, volunteers, agents and
assignees (indemnities) from and against any loss, liability, penalties, forfeiture, claims,
damages, demands, actions, proceedings or suits, in law or equity, of every kind and
description, arising from the CITY'S award of this Agreement and/or in connection with the
application of Article XIIIC and Article XIIID of the California Constitution to the imposition,
payment, or collection of Customer Rates and fees for services provided by FRANCHISEE
under this Agreement, and/or in connection with the establishment or payment of Franchise
Fees under this Agreement.
15.07 Consideration. It is specifically understood and agreed that the consideration
inuring to the FRANCHISEE for the execution of this Agreement consists of the promises,
payments, covenants, rights, and responsibilities contained in this Agreement.
15.08 ObliQation. The execution of this Agreement by the FRANCHISEE shall obligate
the FRANCHISEE to comply with the foregoing indemnification provision; however, the
collateral obligation of providing insurance must also be complied with as set forth in Article 14
above.
15.09 Subcontractors. The FRANCH ISEE shall require all subcontractors to enter into
an Agreement containing the provisions set forth in the preceding subsection in which
Agreement the subcontractor fully indemnifies the CITY in accordance with this Agreement.
15.10 Exception. Notwithstanding Articles 14.01, 14.02 and 14.03, FRANCHISEE's
obligation to indemnify, hold harmless and defend CITY, its officers and employees shall not
extend to any loss, liability, penalty, plain, damage, action or suit arising or resulting from acts or
omissions constituting willful misconduct or sole negligence on the part of the CITY its officers
or employees.
15.11 DamaQe by FRANCHISEE. If FRANCHISEE's employees or subcontractors
cause any injury, damage, or loss to CITY property, including but not limited to CITY streets or
curbs, FRANCHISEE shall reimburse CITY for CITY'S cost of repairing such injury, damage, or
loss. Such reimbursement is not in derogation of any right of CITY to be indemnified by
FRANCHISEE for any such injury, damage, or loss. With the prior written approval of CITY,
FRANCHISEE may repair the damage at FRANCHISEE's sole cost and expense. Disputes
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City of Rohnert Park
Dated: November 17, 2011
between FRANCHISEE and its service recipients as to damage to private pavement are civil
matters and complaints of damage will be referred to FRANCHISEE as matters within its sole
responsibility.
15.12 Release and Waiver. FRANCH ISEE hereby agrees to release and forever
discharge CITY and its Indemnitees from any and all Claims, whether known or unknown,
based upon, related to, arising out of, or in connection with this Agreement. FRANCHISEE fully
understands and agrees that FRANCHISEE: (a) has carefully read and fully understands all of
the provisions in this Agreement and in particular this Release and Waiver paragraph; (b) by
and through this Release and Waiver, is releasing the City and its Indemnitiees from any and all
Claims based upon, related to, arising out of, or in connection with this Agreement that it may
have against the City and its Indemnitees; (c) knowingly and voluntarily agrees to all of the
terms set forth in this Release and Waiver; and (d) knowingly and voluntarily intends to be
legally bound by this Release and Waiver.
FRANCHISEE hereby acknowledges that it is aware of the provisions of Civil Code section
1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor.
Having been so informed, FRANCHISEE hereby gives up and waives the provisions and
benefits of Civil Code section 1542, effective upon the execution of this Release and Waiver.
As a result, FRANCHISEE expressly agrees and acknowledges that by accepting the
Agreement, FRANCHISEE is freely and voluntarily abandoning any and all rights to bring a
Claim related to the Agreement, including Claims which INDEMNITY may not presently know or
suspect exist.
ARTICLE 16.
Default of Contract
16.01 Termination. The CITY may terminate this Agreement, except as otherwise
provided below in this Article, by giving the FRANCHISEE thirty (30) calendar days advance
written notice, to be served as provided in Article 33, upon the happening of anyone of the
following events:
16.01.1 The FRANCHISEE shall take the benefit of any present or future
insolvency statute, or shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its
reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or
under any other law or statute of the United States or any state thereof, or consent to the
appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
16.01.1.1 By order or decree of a Court, the FRANCHISEE shall be
adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or
by any of the stockholders of the FRANCHISEE, seeking its reorganization or the readjustment
of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United
States or of any state thereof, provided that if any such judgment or order is stayed or vacated
within sixty (60) calendar days after the entry thereof, any notice of default shall be and become
null, void and of no effect; unless such stayed judgment or order is reinstated in which case,
said default shall be deemed immediate; or
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City of Rohnert Park
Dated: November 17,2011
16.01.2 By, or pursuant to, or under the authority of any legislative act,
resolution or rule or any order or decree of any Court or governmental board, agency or officer
having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or
substantially all of the property of the FRANCHISEE, and such possession or control shall
continue in effect for a period of sixty (60) calendar days; or
16.01.3 The FRANCHISEE has defaulted, by failing or refusing to pay in a
timely manner the Liquidated Damages or other monies due the CITY and said default is not
cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or
16.01.4 The FRANCHISEE has defaulted by allowing any final judgment for
the payment of money to stand against it unsatisfied and said default is not cured within thirty
(30) calendar days of receipt of written notice by CITY to do so; or
16.01.5 In the event that the monies due the CITY under Article 4 above or an
unpaid Liquidated Damages under Article 11 above is the subject of a judicial proceeding, the
CITY may, at its option call the Performance Bond, or hold the FRANCHISEE in default of this
Agreement. All bonds shall be in the form acceptable to the City Attorney; or
16.01.6 The FRANCHISEE has defaulted, by failing or refusing to perform or
observe the terms, conditions or covenants in this Agreement, including satisfactory
conformance with the requirements of Article 3 or Article 11, the service levels prescribed
herein, or any of the rules and regulations promulgated by the CITY pursuant thereto or has
wrongfully failed or refused to comply with the instructions of the City Representative relative
thereto; provided that said default is not cured within thirty (30) calendar days of receipt of
written notice by the CITY to do so, or if by reason of the nature of such default, the same
cannot be remedied within thirty (30) calendar days following receipt by the FRANCHISEE of
written demand from the CITY to do so, the FRANCHISEE fails to commence the remedy of
such default within said thirty (30) calendar days following such written notice or having so
commenced shall fail thereafter to continue with diligence the curing thereof. In any dispute
concerning failure to remedy or diligence in pursuing a cure, the FRANCHISEE shall have the
burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) calendar
days, and (b) that it is proceeding with diligence to cure said default, and such default will be
cured within a reasonable period of time. However, notwithstanding anything contained herein
to the contrary, for the failure of the FRANCHISEE to provide Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services for a period of three (3) consecutive
Work Days, on the fourth (4th) Work Day the CITY may secure the FRANCHISEE's equipment,
records and other property used or useful in providing Multiple Provider Exclusive Temporary
Debris Box and Roll-off Collection Services under this Agreement in order to provide interim
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services until such
time as the matter is resolved and the FRANCHISEE is again able to perform pursuant to this
Agreement; provided, however, if the FRANCHISEE is unable for any reason or cause to
resume performance at the end of thirty (30) calendar days all liability of the CITY under this
Agreement to the FRANCHISEE shall cease and this Agreement may be deemed terminated by
the CITY, and the CITY shall retain equipment, records and other property used in providing
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services on an interim
basis unit the CITY has made other suitable arrangements for the provision of Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Services, which may include award of
the Agreement to another FRANCHISEE.
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City of Rohnert Park
Dated: November 17, 2011
16.01.7 In the event that the Agreement is terminated, FRANCHISEE shall
furnish the CITY with immediate access to all of its business records related to its customer and
billing accounts for collection services.
16.02 Violations. Notwithstanding the foregoing and as supplemental and additional
means of termination of this Agreement under this Article, in the event that the FRANCHISEE's
record of performance show that the FRANCHISEE has frequently, regularly or repetitively
defaulted in the performance of any of the covenants and conditions required herein to be kept
and performed by the FRANCHISEE, in the opinion of the CITY and regardless of whether the
FRANCHISEE has corrected each individual condition of default, the FRANCHISEE shall be
deemed a "habitual violator", shall be deemed to have waived the right to any further notice or
grace period to correct, and all of said defaults shall be considered cumulative and collectively
shall constitute a condition of irredeemable default. The CITY shall thereupon issue the
FRANCHISEE a final warning citing the circumstances therefore, and any single default by the
FRANCHISEE of whatever nature, subsequent to the occurrence of the last of said cumulative
defaults, shall be grounds for immediate termination of the Agreement. A history of
Administrative Fee's imposed pursuant to Article 11 may be used as a basis for deeming the
FRANCHISEE to be a habitual violator; however, any failure to have imposed Liquidated
Damages where applicable shall not prevent use of the FRANCHISEE's underlying failures from
consideration for determining a habitual violator. In the event of any such subsequent default,
the CITY may terminate this Agreement upon giving of written final notice to the FRANCHISEE,
such cancellation to be effective upon the date specified in the CITY'S written notice to the
FRANCHISEE, and all contractual fees due hereunder plus any and all charges and interest
shall be payable to said date, and the FRANCHISEE shall have no further rights hereunder.
Immediately upon the specified date in such final notice, the FRANCHISEE shall proceed to
cease any further performance under this Agreement.
16.03 Effective Date. In the event of the aforesaid events specified above, and except
as otherwise provided in said subsections, termination shall be effective upon the date specified
in the CITY'S written notice to the FRANCHISEE and upon said date this Agreement shall be
deemed immediately terminated and upon such termination all liability of the CITY under this
Agreement to the FRANCHISEE shall cease, and the CITY shall have the right to call the
performance bond and shall be free to negotiate with other licensees for the operation of the
herein specified services. The FRANCHISEE for failure to perform shall reimburse the CITY all
direct and indirect costs of providing interim Multiple Provider Exclusive Temporary Debris Box
and Roll-off Collection Services.
16.04 Immediate Termination. CITY may terminate this Agreement immediately upon
written notice to FRANCHISEE in the event FRANCHISEE fails to provide and maintain the
performance bond as required by this Agreement, FRANCHISEE fails to obtain or maintain
insurance policies endorsements as required by this Agreement, FRANCHISEE fails to provide
the proof of insurance as required by this Agreement, FRANCHISEE offers or gives any gift
prohibited by CITY administrative policy, or FRANCHISEE fails to meet the Minimum Diversion
Standard as required by Article 5.01 of this Agreement.
16.05 Termination - Delivery of material to a facility that is not properly permitted to
accept material. The CITY may terminate this Agreement with 30 day written notice in the event
the FRANCHISEE delivers material collected under this agreement to a facility that is not
properly permitted to accept the material collected under this Collection Service Agreement.
16.06 Termination Cumulative. CITY'S right to terminate this Agreement is cumulative
to any other rights and remedies provided by law or by this Agreement.
Page 35 of 45
City of Rohnert Park
Dated: November 17, 2011
16.07 Reinstatement after Termination. Should this Agreement be terminated by the
CITY, the FRANCHISEE or any company acquired by, or sold to the FRANCHISEE shall not be
eligible to re-apply for reinstatement for a minimum of five years from the date of termination.
16.08 Transition to Next Hauler. Upon termination or prospective termination of the
Agreement, FRANCHISEE shall cooperate fully with CITY and all prospective subsequent solid
waste enterprise(s), franchisee(s), Iicensee(s), permittee(s) or other persons seeking to provide
services similar to the services so as to assure an efficient, orderly, timely and effective
transition. In that regard, FRANCHISEE agrees to make available to CITY and to prospective
proposers, in any competitive process used by the City to select a successor, route maps,
customer lists, and all other records requested by City.
ARTICLE 17. Modifications to the Agreement
17.01 AQreement Modifications and ChanQes in Law. The CITY and the FRANCHISEE
understand and agree that the California Legislature has the authority to make comprehensive
changes in Solid Waste Management legislation and that these and other changes in law in the
future which mandate certain actions or programs for counties or municipalities may require
changes or modifications in some of the terms, conditions or obligations under this Agreement.
The FRANCHISEE agrees that the terms and provisions of the Municipal Code, as it now exists
or as it may be amended in the future, shall apply to all of the provisions of this Agreement and
the Service Recipients of the FRANCHISEE located within the Service Area. In the event any
future change in law, modifications to the CITY Municipal Code, or directed changes by the
CITY materially alters the obligations of the FRANCHISEE, then the affected compensation as
established under this Agreement shall be adjusted. Nothing contained in this Agreement shall
require any party to perform any act or function contrary to law. The CITY and FRANCHISEE
agree to enter into good faith negotiations regarding modifications to this Agreement which may
be required in order to implement changes in the interest of the public welfare or due to change
in law. When such modifications are made to this Agreement, the CITY and the FRANCHISEE
shall negotiate in good faith, a reasonable and appropriate compensation adjustment for any
increase or decrease in the services or other obligations required of the FRANCHISEE due to
any modification in the Agreement under this Article. The CITY and the FRANCHISEE shall not
unreasonably withhold agreement to such compensation adjustment.
17.01.1 FRANCHISEE acknowledges and agrees that CITY may permit other
contractors or companies besides FRANCHISEE to provide additional Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Services.
ARTICLE 18. Legal Representation
18.01 AcknowledQement. It is acknowledged that each party was, or had the
opportunity to be, represented by counsel in the preparation of and contributed equally to the
terms and conditions of this Agreement and, accordingly, the rule that a contract or Agreement
shall be interpreted strictly against the party preparing the same shall not apply herein due to
the joint contributions of both parties.
ARTICLE 19. Financial Interest
19.01 Representation. FRANCHISEE warrants and represents that no elected official,
officer, agent or employee of the CITY has a financial interest, directly or indirectly, in this
Page 36 of 45
City of Rohnert Park
Dated: November 17, 2011
Agreement the compensation to be paid under it and, further, that no CITY employee who acts
in the CITY as a "purchasing agent" as defined in the appropriate Section of California Statutes,
nor any elected or appointed officer of the CITY, nor any spouse or child of such purchasing
agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the
FRANCHISEE and, further, that no such CITY employee, purchasing agent, CITY elected or
appointed officer, or the spouse or child of any of them, alone or in combination, has a material
interest in the FRANCHISEE. Material interest means direct or indirect ownership of more than
five percent (5%) of the total assets or capital stock of the FRANCHISEE.
ARTICLE 20. FRANCHISEE's Personnel
20.01 Personnel Requirements. The FRANCHISEE shall employ and assign qualified
personnel to perform all services set forth herein. The FRANCHISEE shall be responsible for
ensuring that its employees comply with all applicable laws and regulations and meet all federal,
state, and local requirements related to their employment and position.
20.01.1 The CITY may request the transfer of any employee of the
FRANCHISEE who materially violates any provision hereof, or who is wanton, negligent, or
discourteous in the performance of his duties.
20.01.2 FRANCHISEE's field operations personnel shall be required to wear a
clean uniform shirt bearing the FRANCHISEE's name. FRANCHISEE's employees, who
normally come into direct contact with the public, including drivers, shall bear some means of
individual photographic identification such as a name tag or identification card.
20.01.3 Each driver of a Collection vehicle shall at all times carry a valid
California driver's license and all other required licenses for the type of vehicle that is being
operated.
20.01.4 Each driver of a Collection vehicle shall at all times comply with all
applicable state and federal laws, regulations, and requirements.
20.01.5 FRANCHISEE's employees, officers, and agents shall at no time be
allowed to identify themselves or in any way represent themselves as being employees of the
CITY.
20.01.6 The FRANCHISEE's name and the Customer Service telephone
number shall be properly displayed on all Collection vehicles.
ARTICLE 21. Exempt Waste
21.01 The FRANCHISEE shall not be required to Collect or dispose of Exempt Waste,
but may offer such services. All such Collection and disposal of Exempt Waste is not regulated
under this Agreement, but if provided by the FRANCHISEE shall be in strict compliance with all
federal, state, and local laws and regulations.
ARTICLE 22. Independent FRANCHISEE
22.01 In the performance of services pursuant to this Agreement, FRANCHISEE shall
be an independent FRANCHISEE and not an officer, agent, servant or employee of CITY.
FRANCHISEE shall have exclusive control of the details of the services and work performed
and over all persons performing such services and work. FRANCHISEE shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors, and
Page 37 of 45
City of Rohnert Park
Dated: November 17, 2011
subcontractors, if any. Neither FRANCHISEE nor its officers, employees, agents, contractors, or
subcontractors shall obtain any right to retirement benefits, Workers Compensation benefits, or
any other benefits which accrued to CITY employees and FRANCHISEE expressly waives any
claim it may have or acquire to such benefits.
ARTICLE 23. Laws to Govern
23.01 The law of the State of California shall govern the rights, obligations, duties, and
liabilities of CITY and FRANCHISEE under this Agreement and shall govern the interpretation of
this Agreement.
ARTICLE 24. Consent to Jurisdiction
24.01 The parties agree that any litigation between CITY and FRANCHISEE
concerning or arising out of this Agreement shall be filed and maintained exclusively in the
Municipal or Superior Courts of Sonoma County, State of California, or in the United States
District Court for the Northern District of California to the fullest extent permissible by law. Each
party consents to service of process in any manner authorized by California law.
ARTICLE 25. Assignment
25.01 No assignment of this Agreement or any right occurring under this Agreement
shall be made in whole or in part by the FRANCHISEE without the express written consent of
the CITY. The CITY shall have full discretion to approve or deny, With or without cause, any
proposed or actual assignment by the FRANCHISEE. Any assignment of this Agreement made
by the v without the express written consent of the CITY shall be null and void and shall be
grounds for the CITY to declare a default of this Agreement and immediately terminate this
Agreement by giving written notice to the FRANCHISEE, and upon the date of such notice this
Agreement shall be deemed immediately terminated, and upon such termination all liability of
the CITY under this Agreement to the FRANCHISEE shall cease, and the CITY shall have the
right to call the performance bond and shall be free to negotiate with other contractors, the
FRANCHISEE, or any other person or company for the service which is the subject of this
Agreement. In the event of any assignment, the assignee shall fully assume all the liabilities of
the FRANCHISEE.
25.02 The use of a subcontractor to perform services under this Agreement shall not
constitute delegation of FRANCHISEE's duties provided that FRANCHISEE has received prior
written authorization from the City Representative to subcontract such services and the City
Representative has approved a subcontractor who will perform such services. FRANCHISEE
shall be responsible for directing the work of FRANCHISEE's subcontractors and any
compensation due or payable to FRANCHISEE's subcontractor shall be the sole responsibility
of FRANCHISEE. The City Representative shall have the right to require the removal of any
approved subcontractor for reasonable cause.
25.03 For purposes of this Article when used in reference to FRANCHISEE,
"assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of at least
fifty-one percent (51 %) of FRANCHISEE's assets dedicated to service under this Agreement to
a third party; (ii) a sale, exchange or other transfer of outstanding common stock of
FRANCHISEE to a third party provided said sale, exchange or transfer results in a change of
control of FRANCHISEE (with control being defined as ownership of more than fifty percent
(50%) of FRANCHISEE's voting securities); (iii) any dissolution, reorganization, consolidation,
Page 38 of 45
City of Rohnert Park
Dated: November 17, 2011
merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow
arrangement, liquidation, subcontracting or lease-back payments, or other transaction which
results in a change of control of FRANCHISEE; (iv) any assignment by operation of law,
including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment for an execution being levied against this Agreement, appointment of a receiver
taking possession of FRANCHISEE's property, or transfer occurring in the event of a probate
proceeding; and (v) any combination of the foregoing (whether or not in related or
contemporaneous transactions) which has the effect of any such transfer or change of control of
FRANCHISEE.
25.04 FRANCHISEE acknowledges that this Agreement involves rendering a vital
service to CITY'S residents and businesses, and that CITY has selected FRANCHISEE to
perform the services specified herein based on (i) FRANCHISEE's experience, skill and
reputation for conducting its Solid Waste management operations in a safe, effective and
responsible fashion, at all times in keeping with applicable environmental laws, regulations and
best Solid Waste management practices, and (ii) FRANCHISEE's financial resources to
maintain the required equipment and to support its indemnity obligations to CITY under this
Agreement. CITY has relied on each of these factors, among others, in choosing
FRANCHISEE to perform the services to be rendered by FRANCHISEE under this Agreement.
ARTICLE 26. Compliance with Laws
26.01 In the performance of this Agreement, FRANCHISEE shall comply with all
applicable laws, regulations, ordinances, and codes of the federal, state, and local
governments, including without limitation the Municipal Code of the City of Rohnert Park.
26.02 CITY shall provide written notice to FRANCHISEE of any planned amendment to
Division B6 of the CITY Municipal Code that would substantially affect the performance of
FRANCHISEE'S services pursuant to this Agreement. Such notice shall be provided at least
thirty (30) calendar days prior to the City Council's approval of such an amendment.
ARTICLE 27. Permits and Licenses
27.01 FRANCHISEE shall obtain, at its own expense, all permits and licenses required
by law or ordinance and maintain same in full force and effect throughout the term of this
Agreement. FRANCHISEE shall provide proof of such permits, licenses, or approvals and shall
demonstrate compliance with the terms and conditions of such permits, licenses and approvals
upon the request of the City Representative.
27.02 FRANCHISEE shall ensure that all facilities selected by the FRANCHISEE
obtain, at their own expense, all permits and licenses required by law or ordinance and maintain
same in full force and effect throughout the term of this Agreement. FRANCHISEE shall ensure
that facilities used by the FRANCHISEE provide proof of such permits, licenses, or approvals
and shall demonstrate compliance with the terms and conditions of such permits, licenses, and
approvals upon the request of the City Representative.
27.03 FRANCHISEE shall obtain and maintain, at its own expense, a business
registration with the CITY throughout the term of this Agreement. FRANCHISEE shall provide
proof of such business registration upon the request of the City Representative.
Page 39 of 45
City of Rohnert Park
Dated: November 17, 2011
27.04 FRANCHISEE shall obtain and maintain, at its own expense, a membership in
the Rohnert Park Chamber of Commerce throughout the term of this Agreement. FRANCHISEE
shall provide proof membership upon the request of the City Representative.
ARTICLE 28. Ownership of Written Materials
28.01 All reports, documents, brochures, public education materials, and other written,
printed, electronic or photographic materials developed by CITY or FRANCHISEE in connection
with the services to be performed under this Agreement, whether developed directly or indirectly
by CITY or FRANCHISEE shall be and shall remain the property of CITY without limitation or
restrictions on the use of such materials by CITY. FRANCHISEE shall not use such materials in
connection with any project not connected with this Agreement without the prior written consent
of the City Representative. This Article 28 does not apply to ideas or concepts described in such
materials and does not apply to the format of such materials.
ARTICLE 29. Waiver
29.01 Waiver by CITY or FRANCHISEE of any breach for violation of any term
covenant or condition of this Agreement shall not be deemed to be a waiver of any other term,
covenant or condition or any subsequent breach or violation of the same or of any other term,
covenant, or condition. The subsequent acceptance by CITY of any fee, tax, or any other
monies which may become due from FRANCHISEE to CITY shall not be deemed to be a waiver
by CITY of any breach for violation of any term, covenant, or condition of this Agreement.
ARTICLE 30. Prohibition Against Gifts
30.01 FRANCHISEE represents that FRANCHISEE is familiar with CITY'S prohibition
against the acceptance of any gift by a CITY officer or designated employee. FRANCHISEE
shall not offer any CITY officer or designated employee any gifts prohibited by the CITY.
ARTICLE 31. Point of Contact
31.01 The day-to-day dealings between the FRANCHISEE and the CITY shall be
between the FRANCHISEE and the City Representative.
ARTICLE 32. Conflict of Interest
32.01 FRANCHISEE shall comply with CITY requirements for conflict of interest and
will file all required disclosure statements.
ARTICLE 33. Notices
33.01 Except as provided herein, whenever either party desires to give notice to the
other, it must be given by written notice addressed to the party for whom it is intended, at the
place last specified and to the place for giving of notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective persons and
places for giving of notice:
Page 40 of 45
City of Rohnert Park
Dated: November 17, 2011
As to the CITY:
Director of Administrative Services
130 Avram Avenue
Rohnert Park, CA 94928
As to the FRANCHISEE:
Name ~e..x:. M.CO:~.J.Cn"-,/
(
Title Dirt" <".-\-0 ,-
Company The-na++C 6.\"'o....fof c..OfV'fc:t.....I€ S.~::r:N<:'-
Address ~o be) j(" I qf(",
City, State, Zip Code ";Cl IV l-t>- (2e,Se\. C A q54o~
Phone (76,) 5'6"'-,75".3
Fax: ("70'7) S:-RC..,'- 5S43
E-Mail: ~eue.. j'V\. @.... uro Ie.. V der-..c..c.>f"Y'-
33.02 Notices shall be effective when received at the address as specified above.
Changes in the respective address to which such notice is to be directed may be made by
written notice. Facsimile transmission is acceptable notice, effective when received, however,
facsimile transmissions received (i.e. printed) after 4:30 p.m. or on weekends or holidays, will be
deemed received on the next business day. The original of items that are transmitted by
facsimile equipment must also be mailed as required herein.
33.03 Notice by CITY to FRANCHISEE of a Collection or other Service Recipient
problem or complaint may be given to FRANCHISEE orally by telephone at FRANCHISEE's
local office with confirmation sent as required above by the end of the Work Day.
ARTICLE 34.
FRANCHISEE's Records
34.01 FRANCHISEE shall maintain any and all letters, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services or expenditures and disbursements charged to Service Recipients for a minimum
period of five (5) years, or for any longer period required by law, from the date of final payment
to FRANCHISEE pursuant to this Agreement.
34.02 FRANCHISEE shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of five (5) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
34.03 Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Representative, the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to CITY for inspection at the CITY offices when it is practical to do so. Otherwise, unless an
alternative site is mutually agreed upon, the records shall be available at FRANCHISEE's
address indicated for receipt of notices in this Agreement.
34.04 Where CITY has reason to believe that such records or documents may be lost
or discarded due to the dissolution, disbandment or termination of FRANCHISEE's business,
CITY may, by written request or demand of any of the above named officers, require that
custody of the records be given to CITY and that the records and documents be maintained in
Page 41 of 45
City of Rohnert Park
Dated: November 17, 2011
City Hall. Access to such records and documents shall be granted to any party authorized by
FRANCHISEE, FRANCHISEE's representatives, or FRANCHISEE's successor-in-interest.
ARTICLE 35. Entire Agreement
35.01 Incorporation by Reference. FRANCHISEE's Application, dated XXXX, 2011,
and the Exhibits are incorporated into this Agreement by this reference. Where FRANCHISEE's
Application conflicts with this Agreement, this Agreement shall prevail.
35.02 Entire Agreement. This Agreement and the Exhibits attached hereto constitute
the entire Agreement and understanding between the parties hereto, and it shall not be
considered modified, altered, changed, or amended in any respect unless in writing and signed
by the parties hereto.
ARTICLE 36. Severability
36.01 If any provision of this Agreement or the application of it to any person or
situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement
and the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable, shall not be affected, shall continue in full force
and effect, and shall be enforced to the fullest extent permitted by law.
ARTICLE 37. Right to Require Performance
37.01 The failure of the CITY at any time to require performance by the FRANCHISEE
of any provision hereof shall in no way affect the right of the CITY thereafter to enforce same.
Nor shall waiver by the CITY of any breach of any provision hereof be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of any provision itself.
ARTICLE 38. All Prior Agreements Superseded
38.01 This document incorporates and includes all prior negotiations, correspondence,
conversations, Agreements, contracts and understandings applicable to the matters contained
in this Agreement and the parties agree that there are no commitments, Agreements, contracts
or understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations, Agreements, or contracts, whether oral or written.
ARTICLE 39. Headings
39.01 Headings in this document are for convenience of reference only and are not to
be considered in any interpretation of this Agreement.
ARTICLE 40. Representations and Warranties of the
FRANCHISEE
The FRANCHISEE, by acceptance of this Agreement, represents and warrants the conditions
presented in the Article.
Page 42 of 45
City of Rohnert Park
Dated: November 17, 2011
40.01 Corporate Status. The FRANCHISEE is a {corporation} duly organized, validly
existing and in good standing under the laws of the State of California ("State"). It is qualified to
transact business in the State and has the power to own its properties and to carry on its
business as now owned and operated and as required by this Agreement.
40.02 Corporate Authorization. FRANCHISEE has the authority to enter this Agreement
and perform its obligations under this Agreement. The Board of Directors of FRANCHISEE (or
the shareholders, if necessary) has taken all actions required by law, its articles of incorporation,
its bylaws, or otherwise, to authorize the execution of this Agreement. The Person signing this
Agreement on behalf of FRANCHISEE represents and warrants that they have the authority to
do so. This Agreement constitutes the legal, valid, and binding obligation of the FRANCHISEE.
40.03 AQreement Will Not Cause Breach. To the best of FRANCHISEE's knowledge
after responsible investigation, the execution or delivery of this Agreement or the performance
by FRANCHISEE of its obligations hereunder does not conflict with, violate, or result in a beach:
(i) of any law or governmental regulation applicable to FRANCHISEE; or (ii) any term or
condition of any judgment, order, decree, of any court, administrative agency, or other
governmental authority, or any Agreement or instrument to which FRANCHISEE is a party or by
which FRANCHISEE or any of its properties or assets are bound, or constitutes a default
hereunder.
40.04 No LitiQation. To the best of FRANCHISEE's knowledge after responsible
investigation, there is no action, suite, proceeding or investigation, at law or in equity, before or
by any court or governmental authority, commission, board, agency or instrumentality decided,
pending or threatened against FRANCHISEE wherein an unfavorable decision, ruling or finding,
in any single case or in the aggregate would:
40.04.1 Materially adversely affect the performance by FRANCHISEE of its
obligations hereunder;
40.04.2 Adversely affect the validity or enforceability of this Agreement; or
40.04.3 Have a material adverse effect on the financial conditions of
FRANCHISEE, or any surety or entity guaranteeing FRANCHISEE's performance under this
Agreement.
40.05 No Adverse Judicial Decisions. To the best of FRANCHISEE's knowledge after
responsible investigation, there is no judicial decision that would prohibit this Agreement or
subject this Agreement to legal challenge.
40.06 No LeQal Prohibition. To the best of FRANCHISEE's knowledge after reasonable
investigation, there is no Applicable Law in effect on the date FRANCHISEE signed this
Agreement that would prohibit the FRANCHISEE's performance of its obligations under this
Agreement and the transactions contemplated hereby.
40.07 FRANCHISEE'S Statements. The FRANCHISEE's proposal and other
supplemental information submitted to the City, which the City has relied on in awarding and
entering this Agreement, do not: (i) contain any untrue statement of a material fact, or (ii) omit to
state a material fact that is necessary in order to make the statements made, in light of the
circumstances in which they were made, not misleading.
Page 43 of 45
City of Rohnert Park
Dated: November 17, 2011
40.08 FRANCHISEE'S InvestiQation. FRANCHISEE has made an independent
investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement
and the work to be performed hereunder. FRANCHISEE has taken such matters into
consideration in entering this Agreement to provide services in exchange for the compensation
provided for under the terms of this Agreement.
40.09 Ability to Perform. FRANCHISEE possesses the business, professional, and
technical expertise to Collect, Transport, and Process the Multiple Provider Exclusive
Temporary Debris Box and Roll-off material generated in the CITY. FRANCHISEE possesses
the ability to secure equipment, facility(ies), and employee resources required to perform its
obligations under this Agreement.
40.10 Voluntary Use of Disposal Location. The FRANCHISEE, without constraint and
as a free-market business decision in accepting this Agreement, agrees to use the Disposal
Facility for the purposes of Disposing of all residue from Construction and Demolition Debris
Collected in the CITY. Such decision by FRANCHISEE in no way constitutes a restraint of trade
notwithstanding any change in law regarding flow control limitations or any definition thereof.
40.11 RecoQnizinQ Labor RiQhts. FRANCHISEE recognizes, and agrees to continue to
recognize, the right of its employees to peacefully organize and to file a valid petition seeking a
lawful election conducted by the National Labor Relations Board. Such secret ballot election
would determine if a majority of the subject employees want a labor organization to be their
exclusive representative in collective bargaining with the FRANCHISEE. FRANCHISEE agrees
to engage in good faith negotiations with any current and duly elected labor organization of the
subject employees, and to meet at reasonable times to discuss wages, hours and other terms
and conditions of employment. FRANCHISEE also represents that during negotiations with such
duly elected labor organization, if necessary, it would support the use of a federal mediator and
a reasonable cooling off period, if requested in writing by either party.
ARTICLE 41.
Effective Date
This Agreement shall become effective at such time as it is properly executed by the CITY and
the FRANCHISEE and the FRANCHISEE shall begin Multiple Provider Exclusive Temporary
Debris Box and Roll-off Collection Services, as covered herein, as of January 1,2012.
Page 44 of 45
City of Rohnert Park
Dated: November 17, 2011
IN WITNESS WHEREOF, the CITY and the FRANCHISEE have executed this Agreement on
the day and year first written above.
CITY OF ROHNERT PARK
Company Name
"Tn"" ,'1'"J #n (..r".... p c:,{-(b M fa ^';('~ JINt...
(~
j 1/.lJ.r/11
Date
City Manager
Date
Company RepresentativefTitle
The foregoing Agreement has been reviewed and approval is recommended:
Resolution No. 2011 -
Approved by City Council
Approved as to Form:
City Attorney
Date
Page 45 of 45
City of Rohnert Park
Dated: November 17, 2011
Multiple Provider Exclusive Temporary Debris Box
and Roll-off Collection Service Agreement
Executed Between the
City of Rohnert Park
And
Industrial Carting
This _ day of 2011
Page 1 of 45
City of Rohnert Park
Dated: November 17, 2011
This page intentionally left blank.
Page 2 of 45
City of Rohnert Park
Dated: November 17, 2011
TABLE OF CONTENTS
Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Service Agreement
ARTICLE 1. DEFINITIONS ............... .............................................. ......... .................. 8
ARTICLE 2. TERM OF AGREEMENT..................................................................... 12
ARTICLE 3. SERVICES PROVIDED BY THE FRANCHiSEE................................. 12
ARTICLE 4. CHARGES AND RATES......... ......................... ............................. ....... 17
ARTICLE 5. DIVERSION STANDARDS.... .............. ................................... ............. 19
ARTICLE 6. COLLECTION EQUiPMENT.................................................. ....... ....... 20
ARTICLE 7. FRANCH ISEE'S OFFICE.. .................................... .... ................. ......... 21
ARTICLE 8. RECORD KEEPING & REPORTING REQUiREMENTS..................... 22
ARTICLE 9. NONDISCRIMINATION ............. ........ ...... ............. ........ .......... ............. 23
ARTICLE 10. SERVICE INQUIRIES AND COMPLAINTS....................................... 23
ARTICLE 11. QUALITY OF PERFORMANCE OF FRANCHISEE .......................... 23
ARTICLE 12. BILLING AUDIT AND PERFORMANCE REViEW............................. 27
ARTICLE 13. PERFORMANCE BOND...... ..... ............... .............. ........ .................... 27
ARTICLE 14. INSURANCE............................. ................................................. ........ 27
ARTICLE 15. INDEMNIFICATION AND RELEASE................................................. 30
ARTICLE 16. DEFAULT OF CONTRACT................................................................ 33
ARTICLE 17. MODIFICATIONS TO THE AGREEMENT ........................................36
ARTICLE 18. LEGAL REPRESENTATION.. .......................................... ..... ............ 36
ARTICLE 19. FINANCIAL INTEREST................................................ ......... ............ 36
ARTICLE 20. FRANCHISEE'S PERSONNEL ......................................................... 37
ARTICLE 21. EXEMPT WASTE .............................................................................. 37HARTICLE 22. INDEPENDENT FRANCHISEE .......................................... ............... 37
ARTICLE 23. LAWS TO GOVERN .......................................................................... 38
ARTICLE 24. CONSENT TO JURISDICTION ......................................................... 38
ARTICLE 25. ASSiGNMENT................................. ......... ...... ....................... ....... ..... 38
ARTICLE 26. COMPLIANCE WITH LAWS.............................................................. 39
Page 3 of 45
City of Rohnert Park
Dated: November 17,2011
ARTICLE 27. PERMITS AND LICENSES ............................................................... 39
ARTICLE 28. OWNERSHIP OF WRITTEN MATERIALS........................................ 40
ARTICLE 29. WAIVER ......................................................................................... .... 40
ARTICLE 30. PROHIBITION AGAINST GIFTS ...............:....................................... 40
ARTICLE 31. POINT OF CONTACT...... ...... ...................... ............................ .......... 40
ARTICLE 32. CONFLICT OF INTEREST ................................................................40
ARTICLE 33. NOTiCES.................. ....... ........................................... ....................... 40
ARTICLE 34. FRANCHISEE'S RECORDS.............. ........................ .... ....................41
ARTICLE 35. ENTIRE AGREEMENT ........................... ....... ............ ........................42
ARTICLE 36. SEVERABILITy................ ................................................................. 42
ARTICLE 37. RIGHT TO REQUIRE PERFORMANCE ........................................... 42
ARTICLE 38. ALL PRIOR AGREEMENTS SUPERSEDED .................................... 42
ARTICLE 39. HEADINGS .... ........................................................ ............................ 42
ARTICLE 40. REPRESENTATIONS AND WARRANTIES OF THE
FRANCHISEE ................. ...... ........... ...... ............. ............................................... ...... 42
ARTICLE 41. EFFECTIVE DATE.................... .................................................. ....... 44
Page 4 of 45
City of Rohnert Park
Dated: November 17, 2011
CITY OF ROHNERT PARK
This Agreement made and entered into this _ day of , 2011, by and between the City
of Rohnert Park, State of California, hereinafter referred to as "CITY" and , a
California corporation, hereinafter referred to as "FRANCHISEE."
RECITALS
WHEREAS, Article XI, 9 7 of the California Constitution authorizes cities to protect public health
and safety by taking measures in furtherance of their authority over police and sanitary matters;
and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989, ("AB 939") (codified at Public Resources Code 99 4000 et
seq.) established a solid waste management process which requires cities and other local
jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste
management practices for solid waste attributed to sources within their respective jurisdictions;
and
WHEREAS, AB 939 provides that aspects of solid waste handling of local concern include but
are not limited to frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste services;
and
WHEREAS, AB 939 confers discretion on cities to provide for the delivery of refuse services to
its residents by the city itself providing the services or by the city conferring the authority to do
so on private profit-making entities; and
WHEREAS, when cities confer the authority to provide refuse services on private profit-making
entities; cities are authorized to do so by means which include the award of a nonexclusive,
partially exclusive or wholly exclusive franchise, contract, license or otherwise; and
WHEREAS, when a city exercises its legislative discretion to provide refuse services to its
residents itself, it assesses and collects a fee from residents to recover its costs, for providing
those services; and
WHEREAS, when a city exercises its legislative discretion to award a franchise to private profit-
making entities to provide refuse services to residents, the private profit-making entities charges
residents for those services from which it derives a profit, and
WHEREAS, the Rohnert Park MuniCipal Code implements Article XI, 9 7 of the California
Constitution and AS 939 in the City of Rohnert Park and protects public health and safety by
authorizing the City Council to provide refuse service itself or to award one or more franchises,
permits or licenses to provide that service; and
WHEREAS the City Council has concluded, in the exercise of its legislative discretion, that it is
in the best interests of the City and its residents for the City to franchise temporary debris box
and roll-off collection service to a private enterprise with the special skills, knowledge, facilities
and other capabilities to ensure a high level of service and compliance with the existing
statutory and regulatory requirements; and
WHEREAS, under AB 939 the City of Rohnert Park has the authority to award a nonexclusive,
partially exclusive, or wholly exclusive franchise, contract, license, or permit for solid waste
collection services pursuant to Public Resources Code section 40059;
Page 5 of 45
City of Rohnert Park
Dated: November 17,2011
WHEREAS; Rohnert Park Municipal Code sections 8.12.200 and 8.12.210 require that waste
collection services be provided by contract and exclude any other haulers from providing waste
hauling services within city limits during the contract period, thereby requiring all waste
collection be provided pursuant to an exclusive right;
WHEREAS, the multiple-provider exclusive agreements with the City for Temporary Debris Box
and Roll-Off Collection Services expired on October 31, 2011 and the City Council authorized
the adoption of new, short-term multiple-provider exclusive franchise agreements for Temporary
Debris Box and Roll-Off Collection Services with the then current providers, Rohnert Park
Disposal, Inc. and Industrial Carting, which agreements will expire on December 31,2011.
WHEREAS, on June 28, 2011 the City Council directed the City Manager to solicit requests for
proposal for single-provider and multiple-provider temporary debris box services. On
September 13, 2011 the City Council found certain proposals responsive and others to be non-
responsive pursuant to Resolution 2011-88. Ultimately, on October 25, 2011, the City Council
rejected all proposals pursuant to Resolution No. 2011-104 and directed the City Manager to
negotiate agreements for temporary debris box and roll off collection services on the open
market;
WHEREAS; the City Council has determined through an open market negotiation process for
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services that
FRANCHISEE, and [INSERT OTHER HAULER'S . NAME] by demonstrated experience,
reputation and capacity, are qualified to provide for the Temporary Debris Box and Roll-off
Collection Services within the corporate limits of the CITY, the transportation of such material to
appropriate places for processing, recycling, composting and/or disposal; and City Council
desires that FRANCHISEE be engaged to perform such services on the basis set forth in this
Agreement; and
WHEREAS; the FRANCHISEE. through its negotiations with the CITY, has proposed and
represented that it has the ability and capacity to provide for the Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services within the corporate limits of the CITY;
the transportation of such material to appropriate places for processing, recycling, composting
and/or disposal; and the processing of materials; and
WHEREAS, when a private profit-making entity is awarded a city franchise authorizing it to
derive profit in providing refuse services to city residents for a fee, the award of this valuable
franchise right provides for compensation to the city and its taxpayers through the imposition of
a franchising fee on the private profit-making entity payable to the city; and
WHEREAS, the amount of the franchise fees provided for in this Agreement were freely
negotiated between the franchisee and the City and the amount of such fees is not limited by
AB 939 or any other provisions of law; and
WHEREAS, the California Constitution Articles XIIIC and XIIID, commonly known as
"Proposition 218", regulates a public agency's imposition of certain property related fees when
the agency assess the resident for a fee for the provisions of services provided by the public
agency; and
WHEREAS, the California Constitution does not restrict or regulate what a private profit-making
entity may charge residents when those same services are provided by a private entity; and
WHEREAS, upon thorough analysis, the City and FRANCHISEE have determined that the rates
and fees established by the Franchise Agreement are not subject to California Constitution
Articles XIIIC and XIIID because, among other reasons, the temporary debris box and roll-off
Page 6 of 45
City of Rohnert Park
Dated: November 17, 2011
services are provided by a private corporation and not by City; FRANCHISEE independently
establishes, charges and collects the customer rates for said services; the receipt of said
services is voluntary and not required of any property within City; and any owner or occupant of
property within City has the opportunity to avoid the services provided under the Agreement
either through self-hauling or use of property in such a manner that refuse is not generated;
WHEREAS, this Agreement has been developed by and is satisfactory to the CITY and the
FRANCHISEE,
Now, therefore, in consideration of the mutual covenants, conditions, and consideration
contained herein, the CITY and FRANCHISEE hereby agree as hereinafter set forth:
Page 7 of 45
City of Rohnert Park Dated: November 17, 2011
ARTICLE 1. Definitions
For the purpose of this Collection Service Agreement, hereinafter referred to as "Agreement,"
the definitions contained in this Article shall apply unless otherwise specifically stated. If a word
or phrase is not defined in this Article, the definition of such word or phrase as contained in
Division B6 of the CITY Municipal Code shall control. When not inconsistent with the context,
words used in the present tense include the future, words in the plural include the singular, and
words in the singular include the plural. Use of the masculine gender shall include the feminine
gender.
1.01 AB 939. The California Integrated Waste Management Act (California Public
Resources Code Sections 40000 et al.), as amended from time to time.
1.02 AQreement. The written document and all amendments thereto, between the
CITY and the FRANCHISEE, governing the provision of Multiple Provider Exclusive Temporary
Debris Box and Roll-off Collection Services as provided herein.
1.03 AQreement Year. The first Agreement Year will be the six (6) month period from
January 1st to June 30th, beginning January 1, 2012. Each subsequent Agreement Year will be
the twelve (12) month period from July 1st to June 30th, beginning July 1,2012.
1.04 Application. The Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Franchise Application submitted by FRANCHISEE to CITY to provide Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Service.
1.05 Biohazardous or Biomedical Waste. Any waste which may cause disease or
reasonably be suspected of harboring pathogenic organisms; included are waste resulting from
the operation of medical clinics, hospitals, and other facilities processing wastes which may
consist of, but are not limited to, human and animal parts, contaminated bandages, pathological
specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.
1.06 Brown Goods. Electronic equipment such as stereos, televisions, VCR's,
Personal Data Assistants (PDAs), telephones, and other similar items not containing cathode
ray tubes (CRTs).
1.07 Business Service Unit. All retail, professional, wholesale and industrial facilities,
and other commercial enterprises offering goods or services to the public.
1.08 CITY. The City of Rohnert Park, California.
1.09 City Representative. That person, or their designee, designated by the CITY to
administer and monitor the provisions of this Agreement.
1.10 Collection. The process whereby Multiple Provider Exclusive Temporary Debris
Box and Roll-offs materials are removed and transported to a processing facility that has
appropriate State and local permits.
1.11 Commercial Service Unit. Business Service Units, and Mixed Use Dwellings
that utilize a Garbage Cart or Bin for the accumulation and set-out of Solid Waste.
1.12 CompostinQ. The controlled biological decomposition of Green Waste into a
specific mixture of decayed organic matter used for fertilizing or soil conditioning.
Page 8 of 45
City of Rohnert Park
Dated: November 17, 2011
1.13 Construction and Demolition Debris. Commonly used or discarded materials
removed from construction, remodeling, repair, demolition, or renovation operations on any
pavement, house, commercial building, or other structure, or from landscaping. Such materials
include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard,
aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood,
masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood
scraps, scrap metal, building materials, packaging and rubble resulting from Construction,
remodeling, renovation, repair and demolition operations on pavements, houses, commercial
buildings and other structures. With the exception of soil, dirt, concrete, and asphalt,
Construction and Demolition Debris does not include Garbage and Exempt Waste.
1.14 County. Sonoma County, California.
1.15 Customer Rates. FRANCHISEE's charges to customers for the provision of
temporary debris box and roll-off collection services.
1.16 Disposal Facilitv. The licensed and permitted facility designated by the
FRANCHISEE for the disposal of Solid Waste and other materials as appropriate.
1.17 Diversion. Means activities that reduce or eliminate the amount of solid waste,
garbage, green waste, and construction and demolition debris that is disposed of in a solid
waste or other permitted landfill.
1.18 DwellinQ Unit. Any individual living unit in a single family dwelling (SFD) or multi-
family dwelling (MFD) structure or building intended for, or capable of being utilized for,
residential living other than a Hotel or Motel.
1.19 E-Waste. Discarded electronics equipment such as cell phones, computers,
monitors, televisions, and other items containing cathode ray tubes (CRTs).
1.20 Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste,
Household Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat
trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of
the Nuclear Regulatory Commission.
1.21 Franchise. The exclusive right and privilege granted by this Agreement.
1.22 Franchise Fee. The voluntarily negotiated payment agreed upon by the City and
FRANCHISEE in consideration of City's grant of the Franchise to FRANCHISEE and which,
inter alia, is intended to compensate the City for the City's agreement to give up its right to
provide temporary debris box and roll-off collection services and to award FRANCHISEE a
franchise right to exclude other haulers and to act as an exclusive provider in the City for the
term of the Agreement by occupying the City streets and rights of way in a manner that other
entities may not.
1.23 FRANCHISEE.
1.24 GarbaQe. All putrescible waste which generally includes, but is not limited to,
kitchen and table food waste, animal, vegetative, food or any other waste that is attendant with,
or results from the storage, preparation, cooking or handling of food materials attributed to
normal activities of a Service Unit. Garbage must be generated by and at the Service Unit
wherein the Garbage is collected. Garbage does not include those items defined herein as
Green Waste or Exempt Waste.
Page 9 of 45
City of Rohnert Park
Dated: November 17, 2011
1.25 Green Waste. Any vegetative matter resulting from normal yard and landscaping
maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in
diameter and fits in the Green Waste Cart utilized by the Service Recipient. Green Waste
includes plant debris, such as Palm, Yucca and Cactus, grass clippings, leaves, pruning,
weeds, branches, brush, Holiday Trees, and other forms of vegetative waste and must be
generated by and at the Service Unit wherein the Green Waste is collected. Green Waste does
not include items herein defined as Exempt Waste.
1.26 Green Waste ProcessinQ Facility. Any facility selected by the FRANCHISEE that
is designed, operated and legally permitted for the purpose of receiving and processing Green
Waste, Vegetative Food Waste and Large Green Waste.
1.27 Hazardous Waste. Any material which is defined as a hazardous waste under
California or United States law or any regulations promulgated pursuant to such law, as such,
law or regulations may be amended from time to time.
1.28 Household Hazardous Waste. Any Hazardous Waste generated at an SFD or
MFD Service Unit.
1.29 LarQe Green Waste. Oversized Green Waste such as tree trunks and branches
with a diameter of not less than six (6) inches and not more than two (2) feet and a length of not
more than five (5) feet in its longest dimension, which are attributed to the normal activities of a
SFD, MFD, or City Service Unit. Large Green Waste must be generated by and at the Service
Unit wherein the Large Green Waste is collected.
1.30 Materials Recovery Facility (MRF). Any facility, selected by the FRANCHISEE
and approved by the CITY, or specifically designated by the CITY, designed, operated, and
legally permitted for the purpose of receiving, sorting, processing, storing, or preparing
Recyclable Materials for sale and/or recycling.
1.31 MFD Service Unit. Any combination of Dwelling Units in the Service Area
utilizing a common Garbage Bin for the accumulation and set-out of Solid Waste.
1.32 Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Service. Collection utilizing 1 - 8 cubic yard bins serviced by scout trucks (not front-end or rear
loaders), or 10 - 40 cubic yard containers serviced by roll-off vehicles that are provided to
Service Units for collection of non-putrescible waste and Construction and Debris Materials by a
person or company that holds a valid Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Franchise from the CITY and the delivery of that material to an appropriate
facility. Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Service does
not include Collection of Garbage generated from the on-going activities of a Service Unit, or
collection from any Service Unit that receives Permanent Debris Box and Roll-off Service from
Rohnert Park Disposal, Inc.
1.33 Permanent Debris Box and Roll-off Service. Permanent Debris Box and Roll-off
Service refers to those Service Units receiving collection service by Rohnert Park Disposal, Inc.
(the CITY'S exclusive franchised waste hauler) that receive regularly scheduled cart, bin, debris
boxes, roll-off, or compactor collection service. Permanent Debris Box and Roll-off Service also
include Service Units serviced by bins, debris boxes or roll-offs that have been placed and are
pulled by Rohnert Park Disposal, Inc. on scheduled or on-call basis as part of the daily, normal
activities of the Service Unit receiving the service.
1.34 ProcessinQ Facility. The licensed and permitted facility that meets local zoning
and land use requirements that has been designated by the FRANCHISEE for the processing of
Page 10 of 45
City of Rohnert Park
Dated: November 17, 2011
recyclable materials, green waste, solid waste material, Construction and Demolition Debris,
and other materials as appropriate.
1.35 Recyclable Materials. Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as Solid Waste. Recyclable Materials
include those materials defined by the CITY, including newsprint (including inserts); mixed
paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags
and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass
containers; aluminum beverage containers; scrap and cast aluminum (not exceeding forty (40)
pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin"
cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40)
pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers;
plastic bottles (#1-7); aluminum foil and pans; dry cell household batteries when contained in a
sealed heavy-duty plastic bag; and those materials added by the FRANCHISEE from time to
time.
1.36 Roll-off Container. A metal container that is normally loaded onto a motor vehicle
and transported to an appropriate facility.
1.37 Rubbish. All refuse, accumulation of paper, excelsior, rags, wooden boxes and
containers, sweep-ups and all other accumulations of a nature other than Garbage and Green
Waste, resulting from the normal activities of a Service Unit. Rubbish must be generated by
and at the Service Unit wherein the Rubbish is collected. Rubbish does not include items herein
defined as Exempt Waste.
1.38 Service Area. That area within the corporate limits of the City of Rohnert Park,
California.
1.39 Service Recipient. An individual or company receiving Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Service.
1.40 Service Unit. SFD Service Units, MFD Service Units, and Commercial Service
Units.
1.41 SFD Service Unit. Any Dwelling Unit in the Service Area utilizing a Garbage
Cart, or any combination of Dwelling Units sharing Garbage Carts, for the accumulation and set
out of Solid Waste.
1.42 S/udQe. The accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply treatment,
or operation of an air pollution control facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having
similar characteristics or effects.
1.43 Solid Waste. Garbage and Rubbish resulting from the normal activities of a
Service Unit. Solid Waste must be generated by and at the Service Unit wherein the Solid
Waste is collected and does not include items defined herein as Exempt Waste.
1.44 Source Separated Recyclable Materials. Recyclable Materials that are
separated from all other Solid Waste, Rubbish, or Green Waste at the Service Unit prior to
collection by the FRANCHISEE.
1.45 "SCWMA" means the Sonoma County Waste Management Agency.
Page 11 of 45
City of Rohnert Park
Dated: November 17,2011
1.46 Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Franchise. The Franchise granted by the CITY to the FRANCHISEE to provide Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Service.
1.47 Transfer Facility. The licensed and permitted facility designated by the
FRANCHISEE for transfer of Construction and Demolition Debris, and other materials as
appropriate prior to deliver to a Processing Facility.
1.48 White Goods. Discarded refrigerators, ranges, water heaters, freezers, and other
similar household appliances.
1.49 Work Day. Any day, Monday through Saturday that is not a holiday as set forth
in Article 3.09 of this Agreement.
ARTICLE 2. Term of Agreement
2.01 Term. The term of this Agreement shall be for a four (4) year and six (6) month
period beginning January 1, 2012 and terminating on June 30, 2016.
2.02 Extensions. At the sole discretion of the CITY, the CITY may extend the term of
this Agreement in up to twelve (12) month increments for a maximum of four (4) years.
2.02.1 Beginning on or about January 15, 2015, and each January 15th
thereafter, provided the City Manager determines that the FRANCHISEE has met all the
Diversion Standards set forth in Article 5 and the Record Keeping and Reporting Requirements
set forth in Article 8, the CITY may offer the FRANCHISEE in writing a twelve (12) month
extension of this Agreement. FRANCHISEE shall provide written notice to the CITY as to
whether FRANCHISEE accepts or rejects the CITY'S offer within twenty (20) Work Days of the
date of the offer. If FRANCHISEE fails to provide such notice to the CITY within twenty (20)
Work Days, the CITY's offer of an extension shall be deemed withdrawn.
2.03 Maximum Term. The maximum term of the Agreement, including all extensions,
shall not extend beyond June 30, 2020.
ARTICLE 3. Services Provided by the FRANCHISEE
3.01 Grant of Multiple Provider Exclusive AQreement. Except as otherwise provided in
this Agreement, the FRANCHISEE is herein granted an agreement to provide Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Service within the Service Area. No
other solid waste or recycling service shall be provided by the FRANCHISEE.
3.02 Limitations to Scope of Multiple Provider Exclusive AQreement.
3.02.1 No Collection of Garbage, Green Waste or Recycling carts or bins
from any Service Unit covered under the Franchise Agreement between the City of Rohnert
Park and Rohnert Park Disposal, Inc.
3.02.2 Large Items removed from a premises by a property cleanup or
maintenance company as an incidental part of the total cleanup or maintenance service offered
by the company rather than as a hauling service;
3.02.3 Animal waste and remains from slaughterhouse or butcher shops for
use as tallow;
Page 12 of 45
City of Rohnert Park
Dated: November 17,2011
3.02.4
By-products of sewage treatment, including Sludge, ash, grit and
screenings;
3.02.5 Hazardous Waste regardless of its source; and
3.02.6 Residential Waste, Commercial Waste, City Waste, or Recyclable
Materials that are removed from a premise by a company through the performance of a service
that the FRANCHISEE has elected not to provide.
3.03 FRANCHISEE acknowledges and agrees that the CITY may permit other
persons besides the FRANCHISEE to collect any and all types of materials excluded from the
scope of this Agreement, as set forth above, without seeking or obtaining approval of
FRANCHISEE. If FRANCHISEE can produce evidence that other persons are servicing
Collection containers or are Collecting Solid Waste, Recyclable Materials, Large Items and/or
Green Waste in a manner that is not consistent with the CITY'S Municipal Code or this
Agreement, it shall report the location, the name and phone number of the person or company
to the CITY along with FRANCHISEE's evidence of the violation of the exclusiveness of this
Agreement and CITY shall take appropriate action to enforce the Code and this Agreement.
3.03.1 The scope of this Agreement shall be interpreted to be consistent with
applicable law, now and during the term of the Agreement. If future judicial interpretations of
current law or new laws, regulations, or judicial interpretations limit the ability of the CITY to
lawfully provide for the scope of services as specifically set forth herein, FRANCHISEE agrees
that the scope of the Agreement will be limited to those services and materials which may be
lawfully provided and that the CITY shall not be responsible forany lost profits or losses claimed
by FRANCHISEE to arise out of limitations of the scope of the Agreement set forth herein. In
such an event, it shall be the responsibility of FRANCHISEE to minimize the financial impact of
such future judicial interpretations or new laws.
3.04 Service Standards. FRANCHISEE shall perform all Multiple Provider Exclusive
Temporary Debris Box and Roll-oft Collection Services under this Agreement in a thorough and
professional manner. Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services described in this Agreement shall be performed regardless of weather conditions or
difficulty of Collection.
3.05 Hours and Days of Collection.
3.05.1 Multiple Provider Exclusive Temporary Debris Box and RolI~off
Collection Service shall be provided at SFD and MFD Service Units, commencing no earlier
than 6:30 a.m. and terminating no later than 6:00 p.m. and in commercial areas, commencing
between the hours of 4:00 a.m. and terminating no later than 6:00 p.m. (except for holiday
service as set forth in Article 3.09 of this Agreement in which case normal Collection hours
may be utilized). The hours, days, or both of Collection may be extended due to extraordinary
circumstances or conditions with the prior written consent of the City Representative.
3.05.2 The CITY may direct FRANCHISEE to reduce the collection hours in
areas around schools to 3;00 p.m. and in high traffic areas during peak commute hours. The
CITY may direct FRANCHISEE to reduce the collection hours in areas around schools to 3:00
p.m. and in high traffic areas during peak commute hours. When the CITY is conducting road
overlay or slurry projects, the CITY reserves the right to temporarily redirect or restrict
FRANCHISEE from collection in the affected areas or temporarily change the collection hours
if needed. The hours of Collection may be extended due to extraordinary circumstances or
conditions with the prior written consent of the City Representative. In the event that
Page 13 of 45
City of Rohnert Park
Dated: November 17,2011
Commercial Service Units are within 100 feet of SFD Service Units, or the CITY or the
FRANCHISEE receives repeated noise complaints from residents, the Hours of collection for
Commercial Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services shall be the same as SFD Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services as specified in Section 3.05.2 herein.
3.06 Manner of Collection. The FRANCHISEE shall provide Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Services with as little disturbance as
possible and shall leave any debris box in an upright position at the same point it was collected
without obstructing alleys, roadways, driveways, sidewalks, or mail boxes.
3.07 Containers.
3.07.1 Ownership of Roll-off Containers. Ownership of Roll-off Containers
distributed by the FRANCHISEE shall rest with the FRANCHISEE except in the case of the
termination of the Agreement prior to the expiration of the initial term or optional extension term
due to the default of the FRANCHISEE. Under such circumstances, the CITY shall have the
right to take possession of the containers and shall retain such possession until satisfactory
arrangements can be made to provide Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services using other equipment. Such time of possession shall not be limited
and regardless of the time of possession, there shall be no monies owing to the FRANCHISEE
from the CITY for the use of the equipment. Upon the receipt of written notice from the CITY,
FRANCHISEE shall submit to the City Representative an inventory of containers, including their
locations.
3.07.2 Inspection and CleaninQ. FRANCHISEE shall inspect all debris boxes
and containers prior to delivery. Debris boxes shall be in safe, sanitary, and operable condition
with working doors, hinges, locking devices, safety devices, floors and side walls without holes,
free of material or material build up, and without broken wheels, welds, or ladders that could
cause street damage or harm to users. All containers will have the name of the FRANCHISEE
and a local toll free phone number visible as reviewed and approved by the City.
3.07.3 FRANCHISEE shall remove any and all graffiti within 24 hours of
being identified by the FRANCHISEE or City Representative. FRANCHISEE shall not deliver a
container without FRANCHISEE information or with any graffiti visible on the container.
3.08 Labor and Equipment. FRANCHISEE shall provide and maintain all labor,
equipment, tools,. facilities, and personnel supervision required for the performance of
FRANCHISEE's obligations under this Agreement. FRANCHISEE shall at all times have
sufficient backup equipment and labor to fulfill FRANCHISEE's obligations under this
Agreement. No compensation for FRANCHISEE's services or for FRANCHISEE's supply of
labor, equipment, tools, facilities or supervision shall be provided or paid to FRANCHISEE by
CITY or by any Service Recipient except as expressly provided by this Agreement.
3.09 Holiday Service. The CITY observes January 1st, Independence Day, Labor
Day, Thanksgiving Day, and December 25th as legal holidays. FRANCHISEE shall not provide
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services on the
designated holidays. In any week in which one of these holidays falls on a Work Day, SFD
Multiple Provider Exclusive Temporary Debris Sox and Roll-off Collection Services for the
holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the
week with normally scheduled Friday Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services being performed on Saturday.
Page 14 of 45
City of Rohnert Park
Dated: November 17,2011
3.10 Transfer, RecyclinQ, ProcessinQ and Disposal.
3.10.1 Transfer, Recycling, Processing and Disposal Facilities.
FRANCHISEE shall select the transfer, recycling, processing and disposal facilities. Material
collected under this Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Service Agreement shall be delivered to facilities that comply with the California Department of
Resources Recycling and Recovery (CaIRecycle) regulations under Title 14, Chapter 3,
Minimum Standards for Solid Waste Handling and Disposal (Article 5.9 - Sections 17380-
17386). Except as set forth below, all material collected as a result of performing Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Services must be transported
to, and delivered on the same day as collection, to a properly permitted recycling or processing
facility. All material collected will be weighed and documented through a weight ticket using
certified scales located at the receiving facility. In the event the recycling or processing or
disposal facility is closed on a Work Day, the FRANCHISEE shall transport the material at such
other legally permitted facility. FRANCHISEE must assure that all recycling and processing
facilities are properly permitted to receive material collected under the Multiple Provider
Exclusive Temporary Debris Box and Roll-Off Services Agreement. Failure to comply with this
provision shall result in the levy of Liquidated Damages as specified in Article 11 of this
Agreement and may result in the FRANCHISEE being in default under this Agreement.
FRANCHISEE may deliver Source Separated Recyclables to a recycling facility that is exempt
from Title 14, Chapter 3, Minimum Standards for Solid Waste Handling and Disposal (Article 5.9
- Sections 17380-17386), provided that such an exempt recycling facility is approved to accept
Source Separated Recyclables, and is fully licensed and permitted and meets local land use
and zoning requirements.
3.10.2 FRANCHISEE must assure that all transfer, recycling, processing or
disposal facilities selected by FRANCHISEE shall possess all existing permits and approvals by
local enforcement agencies, planning and land use departments for the transfer, recycling,
processing or disposal site to be in full compliance with all regulatory agencies to conduct all
operations at the approved location. FRANCHISEE shall, upon written request from the CITY,
shall arrange for the facilities selected by the FRANCHISEE, provide copies of facility permits,
notices of violations, inspection areas or concerns, or administrative action to correct
deficiencies related to the operation. Failure to provide facility information shall result in the levy
of Liquidated Damages as specified in Article 11 of this Agreement and may result in the
FRANCHISEE being in default under this Agreement.
3.10.3 Processing and Disposal. FRANCHISEE shall process and dispose of
all material collected from Service Units pursuant to this Agreement in accordance with the
fOllowing hierarchy:
· Reuse
· Disassemble for reuse or recycling
· Recycle
· Transformation for biomass energy
· Disposal
3.10.4 FRANCHISEE shall not landfill such collected material unless the
material cannot be reused or recycled.
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City of Rohnert Park
Dated: November 17, 2011
3.11 Inspections. The CITY shall have the right to inspect the FRANCHISEE's
facilities or collection vehicles and their contents at any time while operating inside or outside
the CITY.
3.12 SpillaQe and Litter. The FRANCHISEE shall not litter premises in the process of
providing Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services or
while its vehicles are on the road. The FRANCHISEE shall transport all materials Collected
under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such
materials from the FRANCHISEE's vehicle. The FRANCHISEE shall exercise all reasonable
care and diligence in providing Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Services so as to prevent spilling or dropping of and material and shall immediately,
at the time of occurrence, clean up such spilled or dropped materials. All temporary containers
and debris boxes will be tarped or covered transporting on CITY streets.
3.12.1 . The FRANCHISEE shall not be responsible for cleaning up sanitary
conditions caused by the carelessness of the Service Recipient; however, the FRANCHISEE
shall clean up any material or residue that are spilled or scattered by the FRANCHISEE or its
employees.
3.12.2 Equipment oil, hydraulic fluids, spilled paint, or any other liquid or
debris resulting from the FRANCHISEE's operations or equipment repair shall be covered
immediately with an absorptive material and removed from the street surface. When necessary,
FRANCHISEE shall apply a suitable cleaning agent to the street surface to provide adequate
cleaning. To facilitate such c1ean~p, FRANCHISEE's vehicles shall at all times carry sufficient
quantities of petroleum absorbent materials along with a broom and shovel.
3.12.3 The above paragraphs not withstanding, FRANCHISEE shall clean up
any spillage or litter caused by FRANCHISEE within two (2) hours upon notice from the CITY.
3.12.4 In the event where damage to CITY streets is caused by a hydraulic
oil spill, FRANCHISEE shall be responsible for all repairs to return the street to the same
condition prior to the spill. FRANCHISEE shall also be responsible for all clean-up activities
related to the spill. Repairs and clean-up shall be performed in a manner satisfactory to the City
Representative and at no cost to the CITY.
3.12.5 Ownership of Materials.
3.12.6 Title to Multiple Provider Exclusive Temporary Debris Box and Roll-off
material shall pass to FRANCHISEE at such time as said materials are placed in the
FRANCHISEE's Co.llection vehicle.
3.12.7 Title to material Collected as part of the City Requested Clean-up
Service or Special Collection Service shall pass to FRANCHISEE at the time the material is
placed in the Roll-off Container or other Collection vehicle or container approved for use at the
event.
3.13 Hazardous Waste.
3.13.1 Under no circumstances shall FRANCHISEE's employees knowingly
collect Hazardous Waste, or remove unsafe or poorly containerized Hazardous Waste, from a
Collection container. If FRANCHISEE determines that material placed in any container for
Collection is Hazardous Waste, or other material that may not legally be accepted at the
Disposal Facility or one of the processing facilities, or presents a hazard to FRANCHISEE's
employees, the FRANCHISEE shall have the right to refuse to accept such material. The
Page 16 of 45
City of Rohnert Park
Dated: November 17, 2011
generator shall be contacted by the FRANCHISEE and requested to arrange for proper disposal
service. If the generator cannot be reached immediately, the FRANCHISEE shall, before leaving
the premises, leave a Non-Collection Notice, which indicates the reason for refusing to collect
the material.
3.13.2 If Hazardous Waste is found in a Collection container that poses an
imminent danger to people or property, the FRANCHISEE shall immediately notify the Rohnert
Park Police Department. The FRANCHISEE shall immediately notify the CITY of any Hazardous
Waste that has been identified.
3.13.3 If Hazardous Waste is identified at the time of delivery to the one of
the transfer, recycling, processing or disposal facilities and the generator cannot be identified,
FRANCHISEE shall be solely responsible for handling and arranging transport and disposition
of the Hazardous Waste.
3.14 ReQulations and Record KeepinQ. FRANCHISEE shall comply with emergency
notification procedures required by applicable laws and regulatory requirements. All records
required by regulations shall be maintained at the FRANCHISEE's facility. These records shall
include waste manifests, waste inventories, waste characterization records, inspection records,
incident reports, and training records.
ARTICLE 4. Charges and Rates
4.01 CharQes and Rates for Temporary Debris Box and Roll-off Collection Services. In
consideration of and as compensation for the performance of temporary debris box and roll-off
collection services, FRANCHISEE shall, in its sole discretion, establish, charge and collect
Customer Rates. The Customer Rates shall be the full, entire and complete compensation due
to FRANCHISEE under this Agreement.
4.02 Billing and Collection. The FRANCHISEE shall be responsible for the billing and
collection of payments for all Multiple Provider Exclusive Temporary Debris Box and Roll-off
Collection Services. City shall not be liable for and FRANCHISEE shall release City from
paying for or collecting any Customer's bills or charges. City shall not set or approve
Contractor's Customer Rates.
4.02.1 Production of Invoices. The FRANCHISEE shall produce an invoice,
in a form and format that is approved by the City Representative, for services received under
this Agreement. The FRANCHISEE's invoice shall be remitted to the Service Recipient and will
include at a minimum; date of service, material collected, weight collected, and total amount
charged.
4.02.2 Methods of Payment. FRANCHISEE shall provide the means for
customers to pay bills through the following methods: cash, checks, credit cards, internet
payment service or automatic withdrawal from bank account.
4.03 FRANCHISEE's Payments to CITY. FRANCHISEE shall make payment to the
CITY of such fees as may be specified in this Article 4.07.
4.03.1 Franchise Fee. To reimburse City for costs associated with
administration of the Agreement, and in consideration of the franchise granted to FRANCHISEE
by the Agreement, FRANCHISEE shall make the following Franchise Fee payments to the City;
4.03.1.1 Initial Franchise Fee Payments. Within thirty (30) days
after award of a franchise under this Agreement, FRANCHISEE shall make a payment ("Initial
Page 17 of 45
"
City of Rohnert Park
Dated: November 17, 2011
Franchise Fee Payment") to CITY of Fifty Thousand Dollars ($50,000). The Initial Franchise Fee
Payment is in addition to, and shall not be treated as a prepayment of, the Monthly Franchise
Payments described below.
4.03.1.2 Monthly Franchise Fee Payments. In addition to the Initial
Franchise Fee Payment described in subsection 4.03.1.1 above, FRANCHISEE shall pay CITY
a monthly Franchise Fee payment ("Monthly Franchise Fee Payment") equal to fifteen percent
(15%) of all gross revenue collected under the terms of the Agreement. Payment to CITY shall
be due, on the fifteenth (15th) day of the month following the month the revenues are collected.
Each such payment shall be accompanied by an accounting, which sets forth FRANCHISEE's
gross revenues collected during the preceding month. Gross revenue shall specifically include
revenue received by the FRANCHISEE from any entity, including Federal, State, County, or
other local facilities within the Service Area for the provision of Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services by the FRANCHISEE.
4.03.2 Out of County Disposal Fee. If the FRANCHISEE elects not to use
Sonoma County's solid waste facilities for transfer, processing or disposal of Construction and
Demolition Debris Collected by the FRANCHISEE in accordance with this Agreement,
FRANCHISEE shall pay any and all fees imposed by Sonoma County or the Sonoma County
Waste Management Agency levied against the CITY for such non-use of the Sonoma County
solid waste facilities. Any and all payments due by FRANCHISEE under this subsection shall
be paid within thirty (30) days notice by the CITY.
4.03.3 Proposal Development Fee. The City requires the FRANCHISEE to
reimburse the City a total of Twenty-Five Thousand Dollars ($25,000) for the cost of this
procurement. The reimbursement is a one-time payment due within 30 days after execution of
the Multiple Provider Exclusive Agreement award. In addition, City requires the FRANCHISEE
to reimburse the City for the costs of conducting environmental review pursuant to the California
Environmental Quality Act ("CEQA"), which cost shall include consultants and attorneys fees,
provided that suchreirTlbursementshanbe shared on a pro-rata basis between City,
FRANCHISEE and [INSERTNAMEOFOTHERHAULER].
4.04 No acceptance by CITY of any payment shall be construed as an accord that the
amount is in-fact the correct amount, nor shall such acceptance of payment be construed as a
release of any claim CITY may have against FRANCHISEE for any additional sums payable
under the provisions of this Agreement. All amounts paid shall be subject to independent audit
and recompilation by CITY. If, after the audit, such recompilation indicates an underpayment
FRANCHISEE shall pay to CITY the amount of the underpayment and shall reimburse CITY for
all reasonable costs and expenses incurred in connection with the audit and recompilation
within ten (10) Work Days of receipt of written notice from CITY that such is the case. If, after
audit, such recompilation indicates an overpayment, CITY shall notify the FRANCHISEE in
writing of the amount of the overpayment, less costs and expenses incurred in connection with
Page 18 of 45
City of Rohnert Park
Dated: November 17, 2011
the audit and recompilation. FRANCHISEE may offset the amounts next due following receipt of
such notice by the amount specified therein.
ARTICLE 5. Diversion Standards
5.01 TonnaQe Data. On or before April 15, 2012 and quarterly thereafter during the
term of this Agreement, FRANCHISEE shall deliver to CITY a quarterly report as specified in
Section 8.02.1 listing the actual tonnage delivered by the FRANCHISEE to the Recycling,
Processing, or Transformation Facility (for biomass energy only), the tonnage of material
discarded or landfilled including residue, and the tonnage of material recycled, composted, or
transformed by material type (metal, wood, concrete, green waste, etc.) for the preceding
quarter.
5.02 Minimum Diversion Standard. The CITY requires the FRANCHISEE to
achieve the guaranteed diversion rate with a minimum annual diversion rate of seventy percent
(70%) for Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services.
The annual diversion rate will be calculated as "the tons of materials Collected by
FRANCHISEE from the provision of Multiple Provider Exclusive Temporary Debris Box and
Roll-off Collection Services that are sold or delivered to a processing, transformation facility (for
biomass energy only), recycler or re-user, net of all residue, as required by this Agreement,
divided by the total tons of materials Collected under this Agreement by FRANCHISEE in each
Calendar Year."
5.02.1 Failure to Meet Minimum Diversion Standard. FRANCHISEE's failure
to meet the Minimum Diversion Standard set forth above in Article 5.02 will result in immediate
termination of this Agreement.
5.03 Guaranteed Diversion Standard. The Guaranteed Diversion Standard will be the
percentage that the FRANCHISEE proposed in the response to the RFP on the Franchise
Application. The annual Guaranteed Diversion Standard will be calculated as "the tons of
materials Collected by FRANCHISEE from the provision of Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services that are sold or delivered to a processing
facility transformation facility (for biomass energy only), recycler or re-user, net of all residue, as
required by this Agreement, divided by the total tons of materials Collected under this
Agreement by FRANCHISEE in each Calendar Year."
Guaranteed Diversion Standard %
FRANCHISEE Initial Here
5.03.1 Failure to Meet Guaranteed Diversion Standard. FRANCHISEE's
failure to meet the Guaranteed Diversion Standard set forth above in Article 5.02 will result in
the FRANCHISEE being required to pay a Franchise Fee of 35 percent of gross revenue for all
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services that are
provided beginning on January 1st of the year following the year that the FRANCHISEE failed to
meet the Guaranteed Diversion Standard. The Franchise Fee of 35 percent of gross revenue
will remain in effect until the FRANCHISEE provides two consecutive quarterly reports that
demonstrate compliance with the Guaranteed Diversion Standard. In addition, for failure to
meet the Guaranteed Diversion Standard, FRANCHISEE will also have to pay the CITY the
Administrative Fee's as specified in Article 11, and FRANCHISEE will not be eligible to receive
term extensions as specified in Article 2.
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City of Rohnert Park Dated: November 17, 2011
ARTICLE 6. Collection Equipment
6.01 Equipment Specifications.
6.01.1 General Provisions. All equipment used by FRANCHISEE in the
performance of services under this Agreement shall be of a high quality. The vehicles shall be
designed and operated so as to prevent collected materials from escaping from the vehicles. All
collection boxes or containers while driving on city streets shall be tarped, covered, or enclosed
with screening material to prevent collected materials from leaking, blowing, or falling from the
vehicles. All trucks and containers shall be watertight and shall be operated so that liquids do
not spill during Collection or in transit.
6.01.2 Clean Air Vehicles. During the term of this Agreement, to the extent
required by law, FRANCHISEE shall provide its Collection vehicles to be in full compliance with
local, State and federal clean air requirements that were adopted or proposed to be adopted,
including, but not limited to, the California Air Resources Board Heavy Duty Engine Standards
as currently proposed to be contained in CCR Title 13, Section 2020 et seq; the Federal EPA's
Highway Diesel Fuel Sulfur regulations and any other applicable air pollution control laws.
6.01.3 Safety MarkinQs. All Collection equipment used by FRANCHISEE
shall have appropriate safety markings including, but not limited to, highway lighting, flashing
and warning lights, clearance lights, and warning flags. All such safety markings shall be subject
to the approval of the CITY and shall be in accordance with the requirements of the California
Vehicle Code, as may be amended from time to time.
6.01.4 Vehicle SiQnaQe and PaintinQ. Collection vehicles, except reserve
equipment used on a temporary basis, shall be painted and numbered consecutively without
repetition and shall have the FRANCHISEE's name, FRANCHISEE's customer service
telephone number, and the number of the vehicle painted in letters of contrasting color as
reviewed and approved by the City. No advertising shall be permitted other than the name of the
FRANCHISEE. FRANCHISEE shall repaint or discontinue the use of a vehicle at the request of
the City Representative to maintain a positive public image as reasonably determined by the
City Representative.
6.01.5 Container SiQnaQe. PaintinQ, and CleaninQ. Temporary Boxes and
Containers, shall be painted and numbered consecutively without repetition and shall have the
FRANCHISEE's name, FRANCHISEE's customer service telephone number, and the number of
the vehicle painted in letters of contrasting color, as reviewed and approved by the City. No
advertising shall be permitted other than the name of the FRANCHISEE. Such containers as are
provided by the FRANCHISEE shall be steam cleaned by the FRANCHISEE as frequently as
necessary so as to maintain them in a sanitary condition. FRANCHISEE shall repaint or
discontinue the use of a container at the request of the City Representative to maintain a
positive public image as reasonably determined by the City Representative.
6.01.6 Vehicle Noise Level. All Collection operations shall be conducted as
quietly as possible and must comply with U.S. EPA noise emission regulations currently codified
at 40 CFR Part 205, and other applicable State, County and CITY noise control regulations.
6.01.7 Collection Vehicle Size Limitations. Debris Box collection trucks must
not exceed a maximum GVWR of 53,000 Ibs.
6.02 Vehicle ReQistration, LicensinQ and Inspection. On or before Junuary 1, 2012, or
as soon as practical, and on or before January 151 annually thereafter during the term of this
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City of Rohnert Park
Dated: November 17, 2011
Agreement, FRANCHISEE shall submit documentation to the City Representative to verify that
each of the FRANCHISEE's Collection vehicles are in compliance with all registration, licensing
and inspection requirements of the California Highway Patrol, the California Department of
Motor Vehicles, and any other applicable laws or regulations. FRANCHISEE shall not use any
vehicle to perform Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services that is not in compliance with applicable registration, licensing, and inspection
requirements.
6.03 Equipment Maintenance. FRANCHISEE shall maintain Collection equipment in a
clean condition and in good repair at all times. All parts and systems of the Collection equipment
shall operate properly and be maintained in a condition satisfactory to CITY. FRANCHISEE
shall wash all Collection vehicles at least once a week.
6.04 Maintenance LOQ. FRANCHISEE shall maintain a maintenance log for all
Collection vehicles. The log shall at all times be accessible to CITY by physical inspection upon
request of City Representative, and shall show. at a minimum, each vehicles' FRANCHISEE
assigned identification number, date purchased or initial lease, dates of performance of routine
maintenance, dates of performance of any additional maintenance, and description of additional
maintenance performed.
6.04.1 Equipment Inventory. On or before January 1. 2012, or as soon as
practical, and on or before January 1st annually thereafter during the term of this Agreement,
FRANCHISEE shall provide to CITY an inventory of Collection vehicles and major equipment
used by FRANCHISEE for Collection or transportation and performance of services under this
Agreement. The inventory shall indicate each Collection vehicle by FRANCHISEE assigned
identification number, DMV license number, the age of the chassis and body, type of fuel used,
the type and capacity of each vehicle, the number of vehicles by type, the date of acquisition,
the decibel rating and the maintenance status. FRANCHISEE shall submit to the City
Representative, either by Fax or e-mail, an updated inventory annually to the CITY or more
often at the request of the City Representative.
6.04.2 Reserve Equipment. The FRANCHISEE shall have available to it, at
all times, reserve Collection equipment which can be put into service and operation within one
(1) hour of any breakdown. Such reserve equipment shall correspond in size and capacity to the
equipment used by the FRANCHISEE to perform the contractual duties.
ARTICLE 7. FRACHISEE'S Office
7.01 FRANCHISEE'S Office. The FRANCHISEE shall maintain an office that provides
toll-free telephone access to residents and businesses of the CITY and is staffed by trained and
experienced Customer Service Representatives (CSR's). Such office shall be equipped with
sufficient telephones that all Collection Service related calls received during normal business
hours are answered by an employee within five (5) rings, and shall have responsible persons in
charge during Collection hours and shall be open during such normal business hours, 8:00 a.m.
to 6:00 p.m. on all Work Days. The FRANCHISEE shall provide either a telephone answering
service or mechanical device to receive Service Recipient inquiries during those times when the
office is closed. Calls received after normal business hours shall be addressed the next Work
Day morning.
7.01.1 EmerQency Contact. The FRANCHISEE shall provide the City
Representative with an emergency phone number where the FRANCHISEE can be reached
outside of the required office hours.
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City of Rohnert Park
Dated: November 17, 2011
7.01.2 MultilinQuallTDD Service. FRANCHISEE shall at all times maintain the
capability of responding to telephone calls in English and one (1) other language (Spanish) as
the CITY may direct. FRANCHISEE shall at all times maintain the capability or responding to
telephone calls through Telecommunications Device for the Deaf (TOO) Services.
7.01.3 Service Recipient Calls. During office hours, FRANCHISEE shall
maintain a telephone answering system capable of accepting at least five (5) incoming calls at
one (1) time. FRANCHISEE shall record all calls including any inquiries, service requests, and
complaints into a customer service log.
7.01.4 In CominQ Calls. All incoming calls will be answered within five (5)
rings. Any call "on-hold" in excess of one and one-half (1.5) minutes shall have the option to
remain "on-hold" or to be switched to a message center where Service Recipient can leave a
message. FRANCHISEE's customer service representative shall return Service Recipient calls.
ARTICLE 8. Record Keeping & Reporting Requirements
8.01 Record Keeping.
8.01.1 Accounting Records. FRANCHISEE shall maintain full, complete
and separate financial, statistical and accounting records, pertaining to cash, billing, and
provisions of all Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection
Services provided under this Agreement, prepared on an accrual basis in accordance with
generally accepted accounting principles. Such records shall be subject to audit, copy, and
inspection. FRANCHISEE shall report gross revenues received from provision of the Multiple
Provider Exclusive Temporary Debris Box and Roll-off Collection Services. FRANCHISEE shall
maintain and preserve all cash, billing and disposal records for a periOd of not less than five (5)
years following the close of each of the FRANCHISEE's fiscal years.
8.01.2 AQreement Materials Records. FRANCHISEE shall maintain records
of the quantities of City Waste Collected and disposed under the terms of this Agreement, and
(ii) Recyclable Materials, by type, Collected, processed, sold, donated or given for no
compensation, and residue disposed.
8.01.3 Other Records. FRANCHISEE shall maintain all other records
reasonably related to provision of Multiple Provider Exclusive Temporary Debris Box and RoII-
off Collection Services, whether or not specified in this Article 8 or elsewhere in the Agreement.
8.02 Reportinq Requirements. Quarterly reports shall be submitted no later than thirty
(30) calendar days after the end of the reporting quarter and annual reports shall be submitted
no later than thirty (30) calendar days after the end of each Agreement Year. Quarterly and
annual reports shall be submitted in hard copy, and shall be provided electronically via e-mail,
or a compact disc using software acceptable to the CITY.
8.02.1 Quarterly Reports. Quarterly reports to the CITY shall include:
8.02.1.1 Material Collected Data. A listing of the tonnage collected
from all Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services,
diverted and disposed by the FRANCHISEE at the Processing, Recycling, Transformation (for
biomass energy only), and Disposal Facility for the preceding quarter.
8.02.1.2 RecvclinQ Data. The number of gross tons Collected,
processed, and sold or delivered to a recycler (other than processing facility) by material type
for the preceding quarter. Indicate, by material type (and grade where appropriate), quarterly
Page 22 of 45
City of Rohnert Park
Dated: November 17, 2011
total of Recyclable materials processed and sold including facility name and location. Indicate
any quantities, by material type, donated or otherwise disbursed without compensation. Indicate
quarterly totals and location for Residue disposed.
8.02.1.3 Operational Problems and Actions Taken. Indicate
instances of property damage or injuries, and any loads rejected, reason for rejection and
disposition of load after rejection.
8.02.2 Annual Reports. The annual report to the CITY shall include all
quarterly reports in Articles 8.2.1 through 8.2.1.3 summarized by quarter and totaled for the
year. The FRANCHISEE shall include a historical comparison of the last Agreement Year and
prior years with a brief explanation on any increases or decreases in tonnage and diversion
figures of all Agreement Years. Annual reports shall be submitted to CITY each Agreement Year
by March 15th, beginning on March 15, 2013.
8.02.2.1 A summary of the prior year's gross revenue received and
Franchise Fees paid.
8.02.2.2 Updated complete inventory of collection and major
processing equipment including stationary, rolling stock and collection containers by type and
size.
8.03 Additional ReportinQ. The FRANCHISEE shall furnish the CITY with any
additional reports as may reasonably be required, such reports to be prepared within a
reasonable time following the reporting period.
ARTICLE 9. Nondiscrimination
9.01 Nondiscrimination. In the performance of all work and services under this
Agreement, FRANCHISEE shall not discriminate against any person on the basis of such
person's race, sex, color, national origin, religion, marital status, age, disability, or sexual
orientation. FRANCHISEE shall comply with all applicable local, state, and federal laws and
regulations regarding nondiscrimination, including those prohibiting discrimination in
employment.
ARTICLE 10. Service Inquiries and Complaints
10.01 FRANCHISEE'S Customer Service. All service inquiries and complaints shall be
directed to the FRANCHISEE. A representative of the FRANCHISEE shall be available to
receive the complaints during normal business hours. All service complaints will be handled by
the FRANCHISEE in a prompt and efficient manner~ In the case of a dispute between the
FRANCHISEE and a Service Recipient, the matter will be reviewed and a decision made ,by the
City Representative.
10.01.1 The FRANCHISEE will utilize the Customer Service Log to maintain a
record of all inquiries and complaints in a manner prescribed by the CITY.
ARTICLE 11. Quality of Performance of FRANCHISEE
11.01 Intent. FRANCHISEE acknowledges and agrees that one of CITY'S primary
goals in entering into this Agreement is to ensure that the Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services are of the highest caliber, that Service
Page 23 of 45
City of Rohnert Park
Dated: November 17, 2011
Recipient satisfaction remains at the highest level, that maximum diversion levels are achieved,
and that materials Collected are put to the highest and best use to the extent feasible.
11.02 Service Supervisor. By January 1, 2012, and by each successive January 1
during the term of this Agreement, FRANCHISEE shall provide the CITY with the name and
contact information of the supervisor to be in charge of the Collection Service within the Service
Area. At least thirty (30) calendar days prior to replacing the designated supervisor,
FRANCHISEE shall notify CITY in writing of the name and qualifications of the new service
supervisor. FRANCHISEE shall insure that such replacement is an individual with like
qualifications and experience. The supervisor shall be available to the City Representative
through the use of telecommunication equipment at all times that, FRANCHISEE is providing
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services. In the event
the supervisor is unavailable due to illness or vacation, FRANCHISEE shall designate an
acceptable substitute who shall be available and who has the authority to act in the same
capacity as the supervisor. The service supervisor shall provide the CITY with an emergency
phone number where the supervisor can be reached outside of normal business hours.
11.03 Administrative Fee's. The parties further acknowledge that consistent and
reliable Collection Service is of utmost importance to CITY and that CITY has considered and
relied on FRANCHISEE's representations as to its quality of service commitment in awarding
the Agreement to it. The parties further recognize that some quantified standards of
performance are necessary and appropriate to ensure consistent and reliable service and
performance. The parties further recognize that if FRANCHISEE fails to achieve the
performance standards, or fails to submit required documents in a timely manner, CITY, and
CITY'S residents and businesses will suffer damages and that it is and will be impractical and
extremely difficult to ascertain and determine the exact amount of damages. Therefore, without
prejudice to CITY'S right to treat such non-performance as an event of default under Article 16,
the parties agree that the Liquidated Damages amount defined in this Article represent
reasonable estimates of the amount of such damages considering all of the circumstances
existing on the effective date of this Agreement, including the relationship of the sums to the
range of harm to CITY, customers and the community as a whole that reasonably could be
anticipated and the anticipation that proof of actual damages would be costly or impractical. In
placing their initials at the places provided, each party specifically confirms the accuracy of the
statements made above and the fact that each party has had ample opportunity to consult with
legal council and obtain an explanation of the Liquidated Damages provisions at the time that
the Agreement was made.
FRANCHISEE Initial Here
FRANCHISEE agrees to pay (as Liquidated Damages and not as penalty) the fOllowing
amounts:
a.
Failure or neglect to resolve each complaint within the
time set forth in this Agreement.
Failure to clean up spillage or litter caused by
FRANCHISEE.
$100.00 per incident
per Service Recipient.
$300.00 per incident
per location.
b.
Page 24 of 45
. City of Rohnert Park
Dated: November 17, 2011
c.
Failure to repair damage to customer property caused
by FRANCHISEE or its personnel.
Failure to repair damage to CITY property caused by
FRANCHISEE or its personnel.
Damage to CITY streets caused by FRANCHISEE or
equipment of FRANCHISEE.
$500.00 per incident
per location.
$1,500.00 per incident.
$3,000.00 per incident
and the actual cost of
repair to CITY'S
satisfaction-no cost to
CITY.
$500.00 per incident
per day.
$2,500.00 per incident
per day.
$500.00 per incident
per day.
$250.00 per incident
per day.
Failure to maintain office hours as required by this
Agreement.
Failure to maintain or timely submit to CITY all
documents and reports required under the provisions
of this Agreement.
Failure to properly cover materials in Collection
vehicles.
k. Failure to display FRANCHISEE's name and customer $500.00 per incident
service phone number on Collection vehicles and per day.
Debris boxes or containers.
d.
e.
f.
Failure to maintain equipment in a clean, safe, and
sanitary manner.
Failure to have a vehicle operator properly licensed.
$500.00 per incident.
$1,000.00 per incident
per day.
$500.00 per incident.
$250.00 per incident
per day.
$500.00 per incident
$2,500.00 first failure
$5,000.00 second
failure.
30 day notice of
Termination for third
failure.
g.
h.
i.
j.
I.
Failure to comply with the hours of operation as
required by this Agreement.
Failure to remove graffiti within 24 hours or delivering a
debris box with graffiti on it to a customer.
Failure to have FRANCHISEE personnel in proper
uniform.
Operating a vehicle over 53,000 GVW, or hauling a
box or container over 22,000 net weight.
Failure to deliver any Collected materials to a properly
permitted Disposal Facility, Transfer, Recycling, or
Processing Facility, as appropriate, except as
otherwise expressly provided in this Agreement.
m.
n.
o.
p.
Page 25 of 45
City of Rohnert Park
Dated: November 17, 2011
q.
. Failure to meet vehicle noise requirements.
r.
Failure to provide facility information requested by the
CITY within five days
$250.00 per incident
per day.
$250.00 per incident
per day
$2,500.00 first failure
$5,000.00 each
subsequent failure
s.
Failure to meet Guaranteed Diversion Standard rate.
t.
Failure to deliver all Collected materials to a Recycling
or Processing Facility prior to Disposal or Transfer
Facility for disposal.
$15,000 first failure
Immediate termination
of Agreement second
failure
11.04 Procedure for Review of Liquidated DamaQes. The City Representative may
assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each
month during the term of this Agreement, the City Representative shall issue a written notice to
FRANCHISEE ("Notice of Assessment") of the Liquidated Damages assessed and the basis for
each assessment.
11.04.1 The assessment shall become final unless, within ten (10)
calendar days of the date of the notice of assessment, FRANCHISEE provides a written request
for a meeting with the City Manager to present evidence that the assessment should not be
made.
11.04.2 The City Representative shall schedule a meeting between
FRANCHISEE and the City Manager or the Manager's designee as soon as reasonably
possible after timely receipt of FRANCHISEE'S request.
11.04.3 The City Manager or the Manager's designee shall review
FRANCHISEE'S evidence and render a decision sustaining or reversing the Liquidated
Damages as soon as reasonably possible after the meeting. Written notice of the decision shall
be provided to FRANCHISEE.
11.04.4 In the event FRANCHISEE does not submit a written request for a
meeting within ten (10) calendar days of the date of the Notice of Assessment, the City
Representative's determination shall be final and FRANCHISEE shall submit payment to CITY
no later than that tenth (10th) day. Or if monies are owed to FRANCHISEE and not paid within
10 days of a second notice, CITY may terminate the Franchise without any additional notice.
11.04.5 CITY'S assessment or collection of Liquidated Damages shall not
prevent CITY from exercising any other right or remedy, including the right to terminate this
Agreement, for FRANCHISEE's failure to perform the work and services in the manner set forth
in this Agreement.
Page 26 of 45
City of Rohnert Park Dated: November 17,2011
ARTICLE 12. Billing Audit and Performance Review
12.01 Selection and Cost. The CITY may conduct billing audit and performance reviews
("review") of the FRANCHISEE's performance during the term of this Agreement, including
extensions. At the discretion of the CITY, reviews may occur every two years. The review(s) will
be performed by a qualified firm under contract to the CITY. The CITY shall have the final
responsibility for the selection of the firm but shall seek and accept comments and
recommendations from the FRANCHISEE. The FRANCHISEE shall be responsible for the cost
of the review up to a maximum of Ten Thousand Dollars ($10,000.00) per review.
12.02 Purpose. The review shall be designed to meet the following objectives:
12.02.1 Verify that Franchise Fees, and other fees required under this
Agreement have been properly calculated and paid to the CITY.
12.02.2 Verify FRANCHISEE's compliance with the reporting requirements
and performance standards of the Collection Service Agreement.
12.02.3 Verify the diversion percentages reported by the FRANCHISEE.
12.03 FRANCHISEE's Cooperation. FRANCHISEE shall cooperate fully with the review
and provide all requested data, including operational data, financial data, and other data
requested by the CITY within thirty (30) Work Days. Failure of the FRANCHISEE to cooperate
or provide the requested documents in the required time shall be considered an event of default.
ARTICLE 13. Performance Bond
13.01 Performance Bond. The Agreement must be executed and bond furnished by the
FRANCHISEE within ten (10) calendar days from the date the City Council approves the
Agreement; otherwise, the bid bond shall be forfeited to the CITY. The FRANCHISEE shall
furnish to the CITY, and keep current, a performance bond in a form that is acceptable to the
CITY, for the faithful performance of this Agreement and all obligations arising hereunder in an
amount of Ten Thousand Dollars ($10,000.00).
13.01.1 The performance bond shall be executed by a surety company that is
acceptable to the CITY; an admitted surety company licensed to do business in the State of
California; has an "A: VII" or better rating by A. M. Best or Standard and Poor's; and is included
on the list of surety companies approved by the Treasurer of the United States.
13.02 Letter of Credit. As an alternative to the performance bond required by Article
22.01, at CITY'S option, FRANCHISEE may deposit with CITY an irrevocable letter of credit in
an amount as set forth in Article 22.01. If allowed, the letter of credit ina form and with terms
acceptable to the CITY issued by an FDIC insured banking institution chartered to business in
the state of California, in the CITY'S name, and be callable at the discretion of the CITY.
Nothing in this Article shall, in any way, obligate the CITY to accept a letter of credit in lieu of the
performance bond.
ARTICLE 14. Insurance
14.01 Insurance Policies. FRANCHISEE shall secure and maintain throughout the term
of this Agreement insurance against claims for injuries to persons or damages to property
which may arise from or in connection with FRANCHISEE's performance of work or services
Page 27 of 45
City of Rohnert Park
Dated: November 17, 2011
under this Agreement. FRANCHISEE's performance of work or services shall include
performance by FRANCHISEE's employees, agents, representatives and subcontractors.
14.01.1 Minimum Scope of Insurance. Insurance coverage shall be at least
this broad:
14.01.1.1 Insurance Services Office Form No. GO 0002 or, if
approved by CITY, its equivalent, covering Comprehensive General Liability and Insurance
Services Office Form No. GL 0404 covering Broad Form Comprehensive General Liability; or
Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001).
14.01.1.2 Insurance Services Office Form No.CA 0001covering
Automobile Liability, code 1 "any auto", or code 2 "owned autos" and endorsement CA 0025.
Coverage shall also include code 8, "hired autos" and code 9 "non-owned autos."
14.01.2 Workers' Compensation Insurance as required by the California Labor
Code and Employers Liability Insurance and/or Errors and Omissions.
14.01.3 Hazardous Waste and Environmental Impairment Liability Insurance.
14.01.4 Employee Blanket Fidelity Bond.
14.02 Minimum Limits of Insurance. FRANCHISEE shall maintain insurance limits no
less than:
14.02.1 Comprehensive General Liability: Ten Million Dollars
($10,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and
property damage.
14.02.2 Automobile Liability: Ten Million Dollars ($10,000,000.00) combined
single limit per accident for bodily injury and property damage.
14.02.3 Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the California Labor Code and Employers Liability limits of
Three Million Dollars ($3,000,000.00) per accident.
14:02.4 Hazardous Waste and Environmental Impairment Liability: Three
Million Dollars ($3,000,000.00) each occurrence/Ten Million Dollars ($10,000,000.00) policy
aggregate covering liability arising from the release of waste materials and/or irritants,
contaminants or pollutants. Such coverage shall, if commercially available without involvement
of CITY, automatically broaden in its form of coverage to include legislated changes in the
definition of waste material and/or irritants, contaminants or pollutants. This policy shall stipulate
this insurance is primary and no other insurance carried by CITY will be called upon to
contribute to the loss suffered by the FRANCHISEE hereunder and waive subrogation against
the CITY and other additional insured's.
14.03 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention
must be declared to, and approved by, CITY.
14.04 Endorsements. The policies are to contain, or be endorsed to contain, the
following provisions:
14.04.1 The CITY, its officers, employees, agents and volunteers are to be
covered as additional insured's with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of FRANCHISEE; products and completed operations of
FRANCHISEE; and with respect to liability arising from work or operations performed by or on
Page 28 of 45
City of Rohnert Park
Dated: November 17, 2011
behalf of the FRANCHISEE including material parts or equipment furnished in connection with
such work or operations; Pollution and/or Asbestos Pollution.
14.04.2 FRANCHISEE's insurance coverage shall be primary insurance as
respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall
be excess of the FRANCHISEE's insurance and shall not contribute with it.
14.04.3 Each insurance policy required by this clause shall be occurrence-
based, or an alternative form as approved by the CITY and shall be endorsed to state that
coverage shall not be cancelled by the Insurer except after thirty (30) days prior written notice
has been given to the CITY.
14.04.4 The FRANCHISEE's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
14.04.5 The Automobile Liability policy shall be endorsed to delete the
Pollution and/or the Asbestos exclusion and add the Motor Carrier act endorsement (MCS-90)
TL 1005, TL 1007 and lor other endorsements required by federal or state authorities.
14.04.6 Worker's Compensation and Employers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials,
employees, and volunteers for losses arising from work performed by the Grantee for the CITY.
14.04.7 All Coverage's. Each insurance policy required by this clause shall be
occurrence-based or an alternate form as approved by the CITY and endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or
limits except after thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
14.04.7.1 Any failure to comply with reporting provisions of the
policies shall not affect FRANCHISEE's obligations to CITY, its officers, officials, employees,
agents, or volunteers.
14.04.7.2 The CITY, it's officers, officials, agents, employees and
volunteers shall be named as additional insured's on all policies.
14.05 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VlI if admitted. If pollution and or Environmental Impairment
and/or errors and omission coverage are not available from an "Admitted" insurer, the coverage
may be written with the CITY'S permission, by a NON-admitted insurance company. A Non-
admitted company should have an A.M. Best's rating of A: X or higher.
14.06 Verification of CoveraQe. FRANCHISEE shall furnish CITY with original
certificates and with amendatory endorsements effecting coverage required by this clause. The
endorsements are to be signed by a persons authorized by the Insurer to bind coverage on its
behalf. The endorsements are to be on forms provided by the CITY, unless the insurer will not
use the CITY'S forms. All endorsements are to b'e received and approved by the CITY before
work commences. As an alternative to the CITY'S forms, the FRANCHISEE's insurer may
provide complete copies of all required insurance policies, including endorsements effecting
coverage required by these specifications.
14.07 Subcontractors. FRANCHISEE shall include all subcontractors as insured's
under its policies or shall obtain separate certificates and endorsements for each subcontractor.
Page 29 of 45
City of Rohnert Park
Dated: November 17, 2011
14.07.1 Proof of insurance shall be mailed to the following address or any
subsequent address as may be directed in writing by the CITY.
Director of Administrative Services
Rohnert Park City Clerk
130 Avram Avenue
Rohnert Park, CA 94928
14.08 Modification of Insurance Requirements. The insurance requirements provided in
this Agreement may be modified or waived by the CITY, in writing, upon the request of
FRANCHISEE if the CITY determines such modification or waiver is in the best interest of CITY
considering all relevant factors, including exposure to CITY.
14.09 RiQhts of SubroQation. All required insurance policies shall preclude any
underwriter's rights of recovery or subrogation against CITY with the express intention of the
parties being that the required insurance coverage protects both parties as the primary
coverage for any and all losses covered by the above-described insurance. FRANCHISEE shall
ensure that any companies issuing insurance to cover the requirements contained in this
Agreement agree that they shall have no recourse against CITY for payment or assessments in
any form on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured
Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in
which CITY is named as an additional insured shall not apply to CITY.
15.01 Indemnification of the CITY. FRANCHISEE shall defend, indemnify and hold
harmless, to the fullest extent allowed by law, CITY, its officers, officials, employees, volunteers
agents and assignees (collectively "Indemnities"), from and against any and all loss, liability,
penalties, forfeitures, claims, demands, actions, proceedings or suits, in law or in equity, of
every kind and description, (including, but not limited to, injury to and death of any person and
damage to property, or for contribution or indemnity claimed by third parties) (hereinafter
"Claims") arising or resulting from or in any way connected with the following;
(i) the operation of the FRANCHISEE, it agents, employees, FRANCHISEE's, and/or
subcontractors, in excising the priVileges granted to it by this Agreement;
(ii) any actions taken by the FRANCHISEE in performing acts under this agreement;
(iii) the failure of the FRANCHISEE, it agents, employees, FRANCHISEE' FRANCHISEE s,
and/or subcontractors to comply in all respects with the provisions and requirements of this
Agreement, applicable laws, ordinances and regulations, and/or applicable permits and
licenses; and
(iv) the acts of FRANCHISEE, its agents, employees, FRANCHISEE, and/or subcontractors
in performing services under this Agreement for which strict liability is imposed by law.
(v) the award of the Agreement and the priVileges granted therein to the FRANCHISEE, it
agents, employees, FRANCHISEEs, and/or subcontractors; and
(vi) the failure of the CITY and/or it Indemnities to comply in any respect with the provisions
and requirements of this Agreement, applicable laws, ordinances and regulations, and/or
applicable permits and licenses in the award of this Agreement.
ARTICLE 15. Indemnification and Release
Page 30 of 45
City of Rohnert Park
Dated: November 17,2011
The foregoing indemnity shall apply regardless of whether such loss, liability, penalty,
forfeiture, claim, action, suite injury, death, or damage is also caused in part by any of the
indemnities' negligence.
15.02 The FRANCHISEE's obligation to defend, hold harmless, and indemnify shall not
be excused because of the FRANCHISEE's inability to evaluate Liability or because the
FRANCHISEE evaluates Liability and determines that the FRANCHISEE is not liable the
claimant. The FRANCHISEE must respond within thirty (30) days to the tender of a claim for
defense and indemnity by the CITY, unless this time has been extended by the CITY. If the
FRANCHISEE fails to accept or reject a tender of defense and indemnity within thirty (30) days,
in addition to any other remedy authorized by law, so much of the money due the FRANCHISEE
under the by virtue of this Agreement as shall reasonably be considered necessary by the CITY,
may be retained by the CITY until disposition has been made or the claim or suit for damages,
or until the FRANCHISEE accepts or ejects the tender of defense, whichever occurs first.
With respect to third party claims against the FRANCHISEE, the FRANCHISEE waives
any and all rights of any type to express or implied indemnity against the Indemnities.
15.03 Hazardous Substances Indemnification. City and FRANCHISEE are mindful of
the provisions of the laws governing the safe collection, transport, recycling and disposal of
residential and commercial Solid Waste, including AB 939, the Resource Conservation and
Recovery Act ("RCRA"), 42 U.S.C. SS 6901 et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. SS 9601 et. seq.; the
Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50,
Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws
governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices
("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium
vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries
(rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed
lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc
batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury
thermometers, mercury-containing switches. The CITY and FRANCHISEE agree that CITY is
not a "generator" or an "arranger" as those terms are used in the context of CERCLA S
107(a)(3). It is FRANCHISEE, an independent entity, not CITY, which will arrange to collect,
transport for recycling and disposal and dispose of construction and demolition materials and
related refuse under this Agreement.
15.04 The FRANCHISEE shall indemnify, hold harmless, defend with counsel
acceptable to the CITY, protect and hold harmless the CITY, its officers, officials, employees,
agents, assigns and any successor or successors to the CITY'S interest from and against all
claims, damages (including but not limited to special, consequential, natural resources and
punitive damages) injuries, response mediation and removal costs, losses, demands, depts.,
liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties, attorney's fees for the adverse party and expenses (including but not limited
to attorney's and expert witness fees an costs incurred in connection with defending against any
of the forgoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by,
or asserted against CITY or is officers, officials, employees, agents, assigns, or contactors
arising from or attributable to acts or omissions including but not limited to any repair, cleanup or
detoxification, or preparation and implementation of any removal, remedial, response, closure or
other plan (regardless of whether undertake due to governmental action) concerning any
hazardous substance or hazardous wastes at any place where FRANCHISEE transports,
Page 31 of 45
City of Rohnert Park
Dated: November 17, 2011
stores, or disposes of Solid Waste pursuant to this Agreement. The foregoing indemnity is
intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C.
sections 9607(c) and California Health and Safety Code Section 25364, to defend insure,
protect, hold harmless and indemnify the CITY from liability.
15.05 FRANCHISEE agrees to protect, indemnify, hold harmless, and defend CITY
with counsel selected by FRANCHISEE and approved by CITY, to pay all attorneys' fees, and to
indemnify and hold CITY harmless from and against all fines or penalties imposed by the
California Integrated Waste Management Board if the diversion goals specified in California
Public Resources Code Section 41780 as of the date hereof and hereafter throughout are not
met by the CITY with respect to the materials Collected by FRANCHISEE and if the lack in
meeting such goals are attributable to the failure of the FRANCHISEE to implement and operate
the recycling or diversion programs or undertake the related activities required by this
Agreement.
15.06 As provided in the Recitals hereto, the parties have determined and agree that
the rates and fees provided under this Agreement are not subject to California Constitution
Articles XIIIC and XIIID. Nevertheless, this is a legal determination which is subject to changes
in the law and further interpretations of the law. Accordingly, FRANCHISEE shall defend, hold
harmless, and indemnify CITY, its officers, officials, employees, volunteers, agents and
assignees (indemnities) from and against any loss, liability, penalties, forfeiture, claims,
damages, demands, actions, proceedings or suits, in law or equity, of every kind and
description, arising from the CITY'S award of this Agreement and/or in connection with the
application of Article XIIIC and Article XIIID of the California Constitution to the imposition,
payment, or collection of Customer Rates and fees for services provided by FRANCHISEE
under this Agreement, and/or in connection with the establishment or payment of Franchise
Fees under this Agreement.
15.07 Consideration. It is specifically understood and agreed that the consideration
inuring to the FRANCHISEE for the execution of this Agreement consists of the promises,
payments, covenants, rights, and responsibilities contained in this Agreement.
15.08 ObliQation. The execution of this Agreement by the FRANCHISEE shall obligate
the FRANCHISEE to comply with the foregoing indemnification provision; however, the
collateral obligation of providing insurance must also be complied with as set forth in Article 14
above.
15.09 Subcontractors. The FRANCHISEE shall require all subcontractors to enter into
an Agreement containing the provisions set forth in the preceding subsection in which
Agreement the subcontractor fully indemnifies the CITY in accordance with this Agreement.
15.10 Exception. Notwithstanding Articles 14.01, 14.02 and 14.03, FRANCHISEE's
obligation to indemnify, hold harmless and defend CITY, its officers and employees shall not
extend to any loss, liability, penalty, plain, damage, action or suit arising or resulting from acts or
omissions constituting willful misconduct or sole negligence on the part of the CITY its officers
or employees.
15.11 DamaQe by FRANCHISEE. If FRANCHISEE's employees or subcontractors
cause any injury, damage, or loss to CITY property, including but not limited to CITY streets or
curbs, FRANCHISEE shall reimburse CITY for CITY'S cost of repairing such injury, damage, or
loss. Such reimbursement is not in derogation of any right of CITY to be indemnified by
FRANCHISEE for any such injury, damage, or loss. With the prior written approval of CITY,
FRANCHISEE may repair the damage at FRANCHISEE's sole cost and expense. Disputes
Page 32 of 45
City of Rohnert Park
Dated: November 17, 2011
between FRANCHISEE and its service recipients as to damage to private pavement are civil
matters and complaints of damage will be referred to FRANCHISEE as matters within its sole
responsibility.
15.12 Release and Waiver. FRANCHISEE hereby agrees to release and forever
discharge CITY and its Indemnitees from any and all Claims, whether known or unknown,
based upon, related to, arising out of, or in connection with this Agreement. FRANCHISEE fully
understands and agrees that FRANCHISEE: (a) has carefully read and fully understands all of
the provisions in this Agreement and in particular this Release and Waiver paragraph; (b) by
and through this Release and Waiver, is releasing the City and its Indemnitiees from any and all
Claims based upon, related to, arising out of, or in connection with this Agreement that it may
have against the City and its Indemnitees; (c) knowingly and voluntarily agrees to all of the
terms set forth in this Release and Waiver; and (d) knowingly and voluntarily intends to be
legally bound by this Release and Waiver.
FRANCHISEE hereby acknowledges that it is aware of the provisions of Civil Code section
1542, which provides: .
A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor.
Having been so informed, FRANCHISEE hereby gives up and waives the provisions and
benefits of Civil Code section 1542, effective upon the execution of this Release and Waiver.
As a result, FRANCHISEE expressly agrees and acknowledges that by accepting the
Agreement, FRANCHISEE is freely and voluntarily abandoning any and all rights to bring a
Claim related to the Agreement, including Claims which INDEMNITY may not presently know or
suspect exist.
ARTICLE 16. Default of Contract
16.01 Termination. The CITY may terminate this Agreement, except as otherwise
provided below in this Article, by giving the FRANCHISEE thirty (30) calendar days advance
written notice, to be served as provided in Article 33, upon the happening of anyone of the
following events:
16.01.1 The FRANCHISEE shall take the benefit of any present or future
insolvency statute, or shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its
reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or
under any other law or statute of the United States or any state thereof, or consent to the
appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
16.01.1.1 By order or decree of a Court, the FRANCHISEE shall be
adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or
by any of the stockholders of the FRANCHISEE, seeking its reorganization or the readjustment
of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United
States or of any state thereof, provided that if any such judgment or order is stayed or vacated
within sixty (60) calendar days after the entry thereof, any notice of default shall be and become
null, void and of no effect; unless such stayed judgment or order is reinstated in which case,
said default shall be deemed immediate; or
Page 33 of 45
City of Rohnert Park
Dated: November 17, 2011
16.01.2 By, or pursuant to, or under the authority of any legislative act,
resolution or rule or any order or decree of any Court or governmental board, agency or officer
having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or
substantially all of the property of the FRANCHISEE, and such possession or control shall
continue in effect for a period of sixty (60) calendar days; or
16.01.3 The FRANCHISEE has defaulted, by failing or refusing to pay in a
timely manner the Liquidated Damages or other monies due the CITY and said default is not
cured within thirty (30) calendar days of receipt of written notice by CITY to do so; or
16.01.4 The FRANCHISEE has defaulted by allowing any final judgment for
the payment of money to stand against it unsatisfied and said default is not cured within thirty
(30) calendar days of receipt of written notice by CITY to do so; or
16.01.5 In the event that the monies due the CITY under Article 4 above or an
unpaid Liquidated Damages under Article 11 above is the subject of a judicial proceeding, the
CITY may, at its option call the Performance Bond, or hold the FRANCHISEE in default of this
Agreement. All bonds shall be in the form acceptable to the City Attorney; or
16.01.6 The FRANCHISEE has defaulted, by failing or refusing to perform or
observe the terms, conditions or covenants in this Agreement, including satisfactory
conformance with the requirements of Article 3 or Article 11, the service levels prescribed
herein, or any of the rules and regulations pror:nulgated by the CITY pursuant thereto or has
wrongfully failed or refused to comply with the instructions of the City Representative relative
thereto; provided that said default is not cured within thirty (30) calendar days of receipt of
written notice by the CITY to do so, or if by reason of the nature of such default, the same
cannot be remedied within thirty (30) calendar days following receipt by the FRANCHISEE of
written demand from the CITY to do so, the FRANCHISEE fails to commence the remedy of
such default within said thirty (30) calendar days following such written notice or having so
commenced shall fail thereafter to continue with diligence the curing thereof. In any dispute
concerning failure to remedy or diligence in pursuing a cure, the FRANCHISEE shall have the
burden of proof to demonstrate (a) that the default cannot be cured within thirty (30) calendar
days, and (b) that it is proceeding with diligence to cure said default, and such default will be
cured within a reasonable period of time. However, notwithstanding anything contained herein
to the contrary, for the failure of the FRANCHISEE to provide Multiple Provider Exclusive
Temporary Debris Box and Roll-off Collection Services for a period of three (3) consecutive
Work Days, on the fourth (4th) Work Day the CITY may secure the FRANCHISEE's equipment,
records and other property used or useful in providing Multiple Provider Exclusive Temporary
Debris Box and Roll-off Collection Services under this Agreement in order to provide interim
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services until such
time as the matter is resolved and the FRANCHISEE is again able to perform" pursuant to this
Agreement; provided, however, if the FRANCHISEE is unable for any reason or cause to
resume performance at the end of thirty (30) calendar days all liability of the CITY under this
Agreement to the FRANCHISEE shall cease and this Agreement may be deemed terminated by
the CITY, and the CITY shall retain equipment, records and other property used in providing
Multiple Provider Exclusive Temporary Debris Box and Roll-off Collection Services on an interim
basis unit the CITY has made other suitable arrangements for the provision of Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Services, which may include award of
the Agreement to another FRANCHISEE.
Page 34 of 45
City of Rohnert Park
Dated: November 17, 2011
16.01.7 In the event that the Agreement is terminated, FRANCHISEE shall
furnish the CITY with immediate access to all of its business records related to its customer and
billing accounts for collection services.
16.02 Violations. Notwithstanding the foregoing and as supplemental and additional
means of termination of this Agreement under this Article, in the event that the FRANCHISEE's
record of performance show that the FRANCHISEE has frequently, regularly or repetitively
defaulted in the performance of any of the covenants and conditions required herein to be kept
and performed by the FRANCHISEE, in the opinion of the CITY and regardless of whether the
FRANCHISEE has corrected each individual condition of default, the FRANCHISEE shall be
deemed a "habitual violator", shall be deemed to have waived the right to any further notice or
grace period to correct, and all of said defaults shall be considered cumulative and collectively
shall constitute a condition of irredeemable default. The CITY shall thereupon issue the
FRANCHISEE a final warning citing the circumstances therefore, and any single default by the
FRANCHISEE of whatever nature, subsequent to the occurrence of the last of said cumulative
defaults, shall be grounds for immediate termination of the Agreement. A history of
Administrative Fee's imposed pursuant to Article 11 may be used as a basis for deeming the
FRANCHISEE to be a habitual violator; however, any failure to have imposed Liquidated
Damages where applicable shall not prevent use of the FRANCHISEE's underlying failures from
consideration for determining a habitual violator. In the event of any such subsequent default,
the CITY may terminate this Agreement upon giving of written final notice to the FRANCHISEE,
such cancellation to be effective upon the date specified in the CITY'S written notice to the
FRANCHISEE, and all contractual fees due hereunder plus any and all charges and interest
shall be payable to said date, and the FRANCHISEE shall have no further rights hereunder.
Immediately upon the specified date in such final notice, the FRANCHISEE shall. proceed to
cease any further performance under this Agreement.
16.03 Effective Date. In the event of the aforesaid events specified above, and except
as otherwise provided in said subsections, termination shall be effective upon the date specified
in the CITY'S written notice to the FRANCHISEE and upon said date this Agreement shall be
deemed immediately terminated and upon such termination all liability of the CITY under this
Agreement to the FRANCHISEE shall cease, and the CITY shall have the right to call the
performance bond and shall be free to negotiate with other licensees for the operation of the
herein specified services. The FRANCHISEE for failure to perform shall reimburse the CITY all
direct and indirect costs of providing interim Multiple Provider Exclusive Temporary Debris Box
and Roll-off Collection Services.
16.04 Immediate Termination. CITY may terminate this Agreement immediately upon
written notice to FRANCHISEE in the event FRANCHISEE fails to provide and maintain the
performance bond as required by this Agreement, FRANCHISEE fails to obtain or maintain
insurance policies endorsements as required by this Agreement, FRANCHISEE fails to provide
the proof of insurance as required by this Agreement, FRANCHISEE offers or gives any gift
prohibited by CITY administrative policy, or FRANCHISEE fails to meet the Minimum Diversion
Standard as required by Article 5.01 of this Agreement.
16.05 Termination - Delivery of material to a facility that is not properly permitted to
accept material. The CITY may terminate this Agreement with 30 day written notice in the event
the FRANCHISEE delivers material collected under this agreement to a faCility that is not
properly permitted to accept the material collected under this Collection Service Agreement.
16.06 Termination Cumulative. CITY'S right to terminate this Agreement is cumulative
to any other rights and remedies provided by law or by this Agreement.
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City of Rohnert Park
Dated: November 17, 2011
16.07 Reinstatement after Termination. Should this Agreement be terminated by the
CITY, the FRANCHISEE or any company acquired by, or sold to the FRANCHISEE shall not be
eligible to re-apply for reinstatement for a minimum of five years from the date of termination.
16.08 Transition to Next Hauler. Upon termination or prospective termination of the
Agreement, FRANCHISEE shall cooperate fully with CITY and all prospective subsequent solid
waste enterprise(s), franchisee(s), Iicensee(s), permittee(s) or other persons seeking to provide
services similar to the services so as to assure an efficient, orderly, timely and effective
transition. In that regard, FRANCHISEE agrees to make available to CITY and to prospective
proposers, in any competitive process used by the City to select a successor, route maps,
customer lists, and all other records requested by City.
ARTICLE 17. Modifications to the Agreement
17.01 Agreement Modifications and ChanQes in Law. The CITY and the FRANCHISEE
understand and agree that the California Legislature has the authority to make comprehensive
changes in Solid Waste Management legislation and that these and other changes in law in the
future which mandate certain actions or programs for counties or municipalities may require
changes or modifications in some of the terms, conditions or obligations under this Agreement.
The FRANCHISEE agrees that the terms and provisions of the Municipal Code, as it now exists
or as it may be amended in the future, shall apply to all of the provisions of this Agreement and
the Service Recipients of the FRANCHISEE located within the Service Area. In the event any
future change in law, modifications to the CITY Municipal Code, or directed changes by the
CITY materially alters the obligations of the FRANCHISEE, then the affected compensation as
established under this Agreement shall be adjusted. Nothing contained in this Agreement shall
require any party to perform any act or function contrary to law. The CITY and FRANCHISEE
agree to enter into good faith negotiations regarding modifications to this Agreement which may
be required in order to implement changes in the interest of the public welfare or due to change
in law. When such modifications are made to this Agreement, the CITY and the FRANCHISEE
shall negotiate in good faith, a reasonable and appropriate cdmpensation adjustment for any
increase or decrease in the services or other obligations required of the FRANCHISEE due to
any modification in the Agreement under this Article. The CITY and the FRANCHISEE shall not
unreasonably withhold agreement to such compensation adjustment.
17.01.1 FRANCHISEE acknowledges and agrees that CITY may permit other
contractors or compani~s besides FRANCHISEE to provide additional Multiple Provider
Exclusive Temporary Debris Box and Roll-off Collection Services.
ARTICLE 18. LegalRepresentation
18.01 AcknowledQement. It is acknowledged that each party was, or had the
opportunity to be, represented by counsel in the preparation of and contributed equally to the
terms and conditions of this Agreement and, accordingly, the rule that a contract or Agreement
shall be interpreted strictly against the party preparing the same shall not apply herein due to
the joint contributions of both parties.
ARTICLE 19. Financial Interest
19.01 Representation. FRANCHISEE warrants and represents that no elected official,
officer, agent or employee of the CITY has a financial interest, directly or indirectly, in this
Page 36 of 45
City of Rohnert Park
Dated: November 17, 2011
Agreement the compensation to be paid under it and, further, that no CITY employee who acts
in the CITY as a "purchasing agent" as defined in the appropriate Section of California Statutes,
nor any elected or appointed officer of the CITY, nor any spouse or child of such purchasing
agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the
FRANCHISEE and, further, that no such CITY employee, purchasing agent, CITY elected or
appointed officer, or the spouse or child of any of them, alone or in combination, has a material
interest in the FRANCHISEE. Material interest means direct or indirect ownership of more than
five percent (5%) of the total assets or capital stock of the FRANCHISEE.
ARTICLE 20. FRANCHISEE's Personnel
20.01 Personnel Requirements. The FRANCHISEE shall employ and assign qualified
personnel to perform all services set forth herein. The FRANCHISEE shall be responsible for
ensuring that its employees comply with all applicable laws and regulations and meet all federal,
state, and local requirements related to their employment and position.
20.01.1 The CITY may request the transfer of any employee of the
FRANCHISEE who materially violates any provision hereof, or who is wanton, negligent, or
discourteous in the performance of his duties.
20.01.2 FRANCHISEE's field operations personnel shall be required to wear a
clean uniform shirt bearing the FRANCHISEE's name. FRANCHISEE's employees, who
normally come into direct contact with the public, including drivers, shall bear some means of
individual photographic identification such as a name tag or identification card.
20.01.3 Each driver of a Collection vehicle shall at all times carry a valid
California driver's license and all other required licenses for the type of vehicle that is being
operated.
20.01.4 Each driver of a Collection vehicle shall at all times comply with all
applicable state and federal laws, regulations, and requirements.
20.01.5 FRANCHISEE's employees, officers, and agents shall at no time be
allowed to identify themselves or in any way represent themselves as being employees of the
CITY.
20.01.6 The FRANCHISEE's name and the Customer Service telephone
number shall be properly displayed on all Collection vehicles.
ARTICLE 21. Exempt Waste
21.01 The FRANCHISEE shall not be required to Collect or dispose of Exempt Waste,
but may offer such services. All such Collection and disposal of Exempt Waste is not regulated
under this Agreement, but if provided by the FRANCHISEE shall be in strict compliance with all
federal, state, and local laws and regulations.
ARTICLE 22. Independent FRANCHISEE
22.01 In the performance of services pursuant to this Agreement, FRANCHISEE shall
be an independent FRANCHISEE and not an officer, agent, servant or employee of CITY.
FRANCHISEE shall have exclusive control of the details of the services and work performed
and over all persons performing such services and work. FRANCHISEE shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors, and
Page 37 of 45
City of Rohnert Park
Dated: November 17,2011
subcontractors, if any. Neither FRANCHISEE nor its officers, employees, agents, contractors, or
subcontractors shall obtain any right to retirement benefits, Workers Compensation benefits, or
any other benefits which accrued to CITY employees and FRANCHISEE expressly waives any
claim it may have or acquire to such benefits.
ARTICLE 23. Laws to Govern
23.01 The law of the State of California shall govern the rights, obligations, duties, and
liabilities of CITY and FRANCHISEE under this Agreement and shall govern the interpretation of
this Agreement.
ARTICLE 24. Consent to Jurisdiction
24.01 The parties agree that any litigation between CITY and FRANCHISEE
concerning or arising out of this Agreement shall be filed and maintained exclusively in the
Municipal or Superior Courts of Sonoma County, State of California, or in the United States
District Court for the Northern District of California to the fullest extent permissible by law. Each
party consents to service of process in any manner authorized by California law.
ARTICLE 25. Assignment
25.01 No assignment of this Agreement or any right occurring under this Agreement
shall be made in whole or in part by the FRANCHISEE without the express written consent of
the CITY. The CITY shall have full discretion to approve or deny, with or without cause, any
proposed or actual assignment by the FRANCHISEE. Any assignment of this Agreement made
by the v without the express written consent of the CITY shall be null and void and shall be
grounds for the CITY to declare a default of this Agreement and immediately terminate this
Agreement by giving written notice to the FRANCHISEE, and upon the date of such notice this
Agreement shall be deemed immediately terminated, and upon such termination all liability of
the CITY under this Agreement to the FRANCHISEE shall cease, and the CITY shall have the
right to call the performance bond and shall be free to negotiate with other contractors, the
FRANCHISEE, or any other person or company for the service which is the subject of this
Agreement. In the event of any assignment, the assignee shall fully assume all the liabilities of
the FRANCHISEE.
25.02 The use of a subcontractor to perform services under this Agreement shall not
constitute delegation of FRANCHISEE's duties provided that FRANCHISEE has received prior
written authorization from the City Representative to subcontract such services and the City
Representative has approved a subcontractor who will perform such services. FRANCHISEE
shall be responsible for directing the work of FRANCHISEE's subcontractors and any
compensation due or payable to FRANCHISEE's subcontractor shall be the sole responsibility
of FRANCHISEE. The City Representative shall have the right to require the removal of any
approved subcontractor for reasonable cause.
25.03 For purposes of this Article when used in reference to FRANCHISEE,
"assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of at least
fifty-one percent (51%) of FRANCHISEE's assets dedicated to service under this Agreement to
a third party; (H) a sale, exchange or other transfer of outstanding common stock of
FRANCHISEE to a third party provided said sale, exchange or transfer results in a change of
control of FRANCHISEE (with control being defined as ownership of more than fifty percent
(50%) of FRANCHISEE's voting securities); (Hi) any dissolution, reorganization, consolidation,
Page 38 of 45
City of Rohnert Park
Dated: November 17,2011
merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow
arrangement, liquidation, subcontracting or lease-back payments, or other transaction which
results in a change of control of FRANCHISEE; (iv) any assignment by operation of law,
including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment for an execution being levied against this Agreement, appointment of a receiver
taking possession of FRANCHISEE's property, or transfer occurring in the event of a probate
proceeding; and (v) any combination of the foregoing (whether or not in related or
contemporaneous transactions) which has the effect of any such transfer or change of control of
FRANCHISEE.
25.04 FRANCHISEE acknowledges that this Agreement involves rendering a vital
service to CITY'S residents and businesses, and that CITY has selected FRANCHISEE to
perform the services specified herein based on (i) FRANCHISEE's experience, skill and
reputation for conducting its Solid Waste management operations in a safe, effective and
responsible fashion, at all times in keeping with applicable environmental laws, regulations and
best Solid Waste management practices, and (ii) FRANCHISEE's financial resources to
maintain the required equipment and to support its indemnity obligations to CITY under this
Agreement. CITY has relied on each of these factors, among others, in choosing
FRANCHISEE to perform the services to be rendered by FRANCHISEE under this Agreement.
ARTICLE 26. Compliance with Laws
26.01 In the performance of this Agreement, FRANCHISEE shall comply with all
applicable laws, regulations, ordinances, and codes of the federal, state, and local
governments, including without limitation the Municipal Code of the City of Rohnert Park.
26.02 CITY shall provide written notice to FRANCHISEE of any planned amendment to
Division B6 of the CITY Municipal Code that would substantially affect the performance of
FRANCHISEE'S services pursuant to this Agreement. Such notice shall be provided at least
thirty (30) calendar days prior to the City Council's approval of such an amendment.
ARTICLE 27. Permits and Licenses
27.01 FRANCHISEE shall obtain, at its own expense, all permits and licenses required
by law or ordinance and maintain same in full force and effect throughout the term of this
Agreement. FRANCHISEE shall provide proof of such permits, licenses, or approvals and shall
demonstrate compliance with the terms and conditions of such permits, licenses and approvals
upon the request of the City Representative.
27.02 FRANCHISEE shall ensure that all facilities selected by the FRANCHISEE
obtain, at their own expense, all permits and licenses required by law or ordinance and maintain
same in full force and effect throughout the term of this Agreement. FRANCHISEE shall ensure
that facilities used by the FRANCHISEE provide proof of such permits, licenses, or approvals
and shall demonstrate compliance with the terms and conditions of such permits, licenses, and
approvals upon the request of the City Representative.
27.03 FRANCHISEE shall obtain and maintain, at its own expense, a business
registration with the CITY throughout the term of this Agreement. FRANCHISEE shall provide
proof of such business registration upon the request of the City Representative.
Page 39 of 45
City of Rohnert Park
Dated: November 17, 2011
27.04 FRANCHISEE shall obtain and maintain, at its own expense, a membership in
the Rohnert Park Chamber of Commerce throughout the term of this Agreement. FRANCHISEE
shall provide proof membership upon the request of the City Representative.
28.01 All reports, documents, brochures, public education materials, and other written,
printed, electronic or photographic materials developed by CITY or FRANCHISEE in connection
with the services to be performed under this Agreement, whether developed directly or indirectly
by CITY or FRANCHISEE shall be and shall remain the property of CITY without limitation or
restrictions on the use of such materials by CITY. FRANCHISEE shall not use such materials in
connection with any project not connected with this Agreement without the prior written consent
of the City Representative. This Article 28 does not apply to ideas or concepts described in such
materials and does not apply to the format of such materials.
ARTICLE 28. Ownership of Written Materials
ARTICLE 29. Waiver
29.01 Waiver by CITY or FRANCHISEE of any breach for violation of any term
covenant or condition of this Agreement shall not be deemed to be a waiver of any other term,
covenant or condition or any subsequent breach or violation of the same or of any other term,
covenant, or condition. The subsequent acceptance by CITY of any fee, tax, or any other
monies which may become due from FRANCHISEE to CITY shall not be deemed to be a waiver
by CITY of any breach for violation of any term, covenant, or condition of this Agreement.
ARTICLE 30. Prohibition Against Gifts
30.01 FRANCHISEE represents that FRANCHISEE is familiar with CITY'S prohibition
against the acceptance of any gift by a CITY officer or designated employee. FRANCHISEE
shall not offer any CITY officer or designated employee any gifts prohibited by the CITY.
31.01 The day-to-day dealings between the FRANCHISEE and the CITY shall be
between the FRANCHISEE and the City Representative.
ARTICLE 31. Point of Contact
32.01 FRANCHISEE shall comply with CITY requirements for conflict of interest and
will file all required disclosure statements.
ARTICLE 32. Conflict of Interest
33.01 Except as provided herein, whenever either party desires to give notice to the
other, it must be given by written notice addressed to the party for whom it is intended, at the
place last specified and to the place for giving of notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective persons and
places for giving of notice:
ARTICLE 33. Notices
Page 40 of 45
City of Rohnert Park
Dated: November 17, 2011
As to the CITY:
Director of Administrative Services
130 Avram Avenue
Rohnert Park, CA 94928
As to the FRANCHISEE:
Name Curtis Michelini, Sr.
Title President
Company Industrial Cartinq
Address P. O. Box 2638
City, State, Zip Code Rohnert Park, CA 94927
Phone (707) 585-0511
Fax: (707) 585-8868
E-Mail: Lisa.Hardin@GlobalMaterialsRecovery.Ca}1
33.02 Notices shall be effective when received at the address as specified above.
Changes in the respective address to which such notice is to be directed may be made by
written notice. Facsimile transmission is acceptable notice, effective when received, however,
facsimile transmissions received (i.e. printed) after 4:30 p.m. or on weekends or holidays, will be
deemed received on the next business day. The original of items that are transmitted by
facsimile equipment must also be mailed as required herein.
33.03 Notice by CITY to FRANCHISEE of a Collection or other Service Recipient
problem or complaint may be given to FRANCHISEE orally by telephone at FRANCHISEE's
local office with confirmation sent as required above by the end of the Work Day.
ARTICLE 34. FRANCHISEE's Records
34.01 FRANCHISEE shall maintain any and all letters, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services or expenditures and disbursements charged to Service Recipients for a minimum
period of five (5) years, or for any longer period required by law, from the date of final payment
to FRANCHISEE pursuant to this Agreement.
34.02 FRANCHISEE shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of five (5) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
34.03 Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Representative, the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to CITY for inspection at the CITY offices when it is practical to do so. Otherwise, unless an
alternative site is mutually agreed upon, the records shall be available at FRANCHISEE's
address indicated for receipt of notices in this Agreement.
34.04 Where CITY has reason to believe that such records or documents may be lost
or discarded due to the dissolution, disbandment or termination of FRANCHISEE's business,
CITY may, by written request or demand of any of the above named officers, require that
custody of the records be given to CITY and that the records and documents be maintained in
Page 41 of 45
City of Rohnert Park
Dated: November 17, 2011
City Hall. Access to such records and documents shall be granted to any party authorized by
FRANCHISEE, FRANCHISEE's representatives, or FRANCHISEE's successor-in-interest.
ARTICLE 35. Entire Agreement
35.01 Incorporation by Reference. FRANCHISEE's Application, dated XXXX, 2011,
and the Exhibits are incorporated into this Agreement by this reference. Where FRANCHISEE's
Application conflicts with this Agreement, this Agreement shall prevail.
35.02 Entire Agreement. This Agreement and the Exhibits attached hereto constitute
the entire Agreement and understanding between the parties hereto, and it shall not be
considered modified, altered, changed, or amended in any respect unless in writing and signed
by the parties hereto.
36.01 If any provision of this Agreement or the application of it to any person or
situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement
and the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable, shall not be affected, shall continue in full force
and effect, and shall be enforced to the fullest extent permitted by law.
ARTICLE 36. Severability
ARTICLE 37. Right to Require Performance
37.01 The failure of the CITY at any time to require performance by the FRANCHISEE
of any provision hereof shall in no way affect the right of the CITY thereafter to enforce same.
Nor shall waiver by the CITY of any breach of any provision hereof be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of any provision itself.
38.01 This document incorporates and includes all prior negotiations, correspondence,
conversations, Agreements, contracts and understandings applicable to the matters contained
in this Agreement and the parties agree that there are no commitments, Agreements, contracts
or understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations, Agreements, or contracts, whether oral or written.
ARTICLE 38. All Prior Agreements Superseded
39.01 Headings in this document are for convenience of reference only and are not to
be considered in any interpretation of this Agreement.
ARTICLE 39. Headings
ARTICLE 40. Representations and Warranties of the
FRANCHISEE
The FRANCHISEE, by acceptance of this Agreement, represents and warrants the conditions
presented in the Article.
Page 42 of 45
City of Rohnert Park
Dated: November 17, 2011
40.01 Corporate Status. The FRANCHISEE is a {corporation} duly organized, validly
existing and in good standing under the laws of the State of California ("State"). It is qualified to
transact business in the State and has the power to own its properties and to carry on its
business as now owned and operated and as required by this Agreement.
40.02 Corporate Authorization. FRANCHISEE has the authority to enter this Agreement
and perform its obligations under this Agreement. The Board of Directors of FRANCHISEE (or
the shareholders, if necessary) has taken all actions required by law, its articles of incorporation,
its bylaws, or otherwise, to authorize the execution of this Agreement. The Person signing this
Agreement on behalf of FRANCHISEE represents and warrants that they have the authority to
do so. This Agreement constitutes the legal, valid, and binding obligation of the FRANCHISEE.
40.03 AQreement Will Not Cause Breach. To the best of FRANCHISEE's knowledge
after responsible investigation, the execution or delivery of this Agreement or the performance
by FRANCHISEE of its obligations hereunder does not conflict with, violate, or result in a beach:
(i) of any law or governmental regulation applicable to FRANCHISEE; or (ii) any term or
condition of any judgment, order, decree, of any court, administrative agency, or other
governmental authority, or any Agreement or instrument to which FRANCHISEE is a party or by
which FRANCHISEE or any of its properties or assets are bound, or constitutes a default
hereunder.
40.04 No LitiQation. To the best of FRANCHISEE's knowledge after responsible
investigation, there is no action, suite, proceeding or investigation, at law or in equity, before or
by any court or governmental authority, commission, board, agency or instrumentality decided,
pending or threatened against FRANCHISEE wherein an unfavorable decision, ruling or finding,
in any single case or in the aggregate would:
40.04.1 Materially adversely affect the performance by FRANCHISEE of its
obligations hereunder;
40.04.2 Adversely affect the validity or enforceability of this Agreement; or
40.04.3 Have a material adverse effect on the financial conditions of
FRANCHISEE, or any surety or entity guaranteeing FRANCHISEE's performance under this
Agreement.
40.05 No Adverse Judicial Decisions. To the best of FRANCHISEE's knowledge after
responsible investigation, there is no judicial decision that would prohibit this Agreement or
subject this Agreement to legal challenge.
40.06 No LeQal Prohibition. To the best of FRANCHISEE's knowledge after reasonable
investigation, there is no Applicable Law in effect on the date FRANCHISEE signed this
. Agreement that would prohibit the FRANCHISEE's performance of its obligations under this
Agreement and the transactions contemplated hereby.
40.07 FRANCHISEE'S Statements. The FRANCHISEE's proposal and other
supplemental information submitted to the City, which the City has relied on in awarding and
entering this Agreement, do not: (i) contain any untrue statement of a material fact, or (ii) omit to
state a material fact that is necessary in order to make the statements made, in light of the
circumstances in which they were made, not misleading.
Page 43 of 45
City of Rohnert Park
Dated: November 17, 2011
40.08 FRANCHISEE'S InvestiQation. FRANCHISEE has made an independent
investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement
and the work to be performed hereunder. FRANCHISEE has taken such matters into
consideration in entering this Agreement to provide services in exchange for the compensation
provided for under the terms of this Agreement.
40.09 Ability to Perform. FRANCHISEE possesses the business, professional, and
technical expertise to Collect, Transport, and Process the Multiple Provider Exclusive
Temporary Debris Box and Roll-off material generated in the CITY. FRANCHISEE possesses
the ability to secure equipment, facility(ies), and employee resources required to perform its
obligations under this Agreement.
40.10 Voluntary Use of Disposal Location. The FRANCHISEE, without constraint and
as a free-market business decision in accepting this Agreement, agrees to use the Disposal
Facility for the purposes of Disposing of all residue from Construction and Demolition Debris
Collected in the CITY. Such decision by FRANCHISEE in no way constitutes a restraint of trade
notwithstanding any change in law regarding flow control limitations or any definition thereof.
40.11 RecoQnizinQ Labor RiQhts. FRANCHISEE recognizes, and agrees to continue to
recognize, the right of its employees to peacefully organize and to file a valid petition seeking a
lawful election conducted by the National Labor Relations Board. Such secret ballot election
would determine if a majority of the subject employees want a labor organization to be their
exclusive representative in collective bargaining with the FRANCHISEE. FRANCHISEE agrees
to engage in good faith negotiations with any current and duly elected labor organization of the
subject employees, and to meet at reasonable times to discuss wages, hours and other terms
and conditions of employment. FRANCHISEE also represents that during negotiations with such
duly elected labor organization, if necessary, it would support the use of a federal mediator and
a reasonable cooling off period, if requested in writing by either party.
ARTICLE 41. Effective Date
This Agreement shall become effective at such time as it is properly executed by the CITY and
the FRANCHISEE and the FRANCHISEE shall begin Multiple Provider Exclusive Temporary
Debris Box and Roll-off Collection Services, as covered herein, as of January 1, 2012.
Page 44 of 45
City of Rohnert Park
Dated: November 17, 2011
City Manager
IN WITNESS WHEREOF, the CITY and the FRANCHISEE have executed this Agreement on
the day and year first written above.
CITY OF ROHNERT PARK Company Name
~ing
~~~_11/20/11
Company RepresentativerriUe Date
Curtis Michelini, Sr.
President
Date
The foregoing Agreement has been reviewed and approval Is recommended:
Resolution No. 2011 -
Approved by City Council
Approved as to Fonn:
City Attorney
Date
Page 45 of 45
.
Agenda Packet Preparation TlMELlNES for Regu]ar City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
· Reso]utions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
· Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
· Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & ] 8 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
· Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (l) week prior to Council meeting date
· Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) weel{ prior to Council meeting date in compliance with
Rohnert Park Municipal Code Section 2.08.020 and related Resolution No. 2008-] 73
{This section/or City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 10
ORDINANCE NO 841
(Introduction)
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,20] ]
Department:
Public Safety
Submitted By:
Brian Masterson, Director
Submittal Date:
November 16,20] ]
Agenda Title:
USE PERMITS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS
REQUESTED COUNCIL ACTION:
]. Introduce Ordinance No. 84] which amends sections 8.34.040 and 8.34.060 of Rohnert Park
Municipal Code Chapter 8.34.
2. Repeal Rohnert Park Municipal Code Section] 7.07.020(R) as it conflicts with Chapter 8.34.
SUMMARY:
In 2007, the City Council adopted Ordinance 780 adding Chapter 8.34, Use Permits for Alcoholic
Beverage Establishments, to the Rohnert Park Municipal Code. The ordinance required each owner or
licensee of an alcohol establishment to secure a use permit to lawfully engage in the sale of alcoholic
beverages in the City. The permit, obtained for a fee based on hours of operation, volume of sales, and
calls for service, required establishments to comply with operational standards and training requirements
set forth in the ordinance. The annual fee provides the revenue necessary to fund the costs incurred by the
Department of Public Safety to monitor compliance, enforce the conditions of the permit, and implement
a training program to promote responsible policies and practices.
A recentreview ofRohnert Park Municipal Code (RPMC) Chapter 8.34 (specifically sections 8.34.040
and 8.34.060), RPMC section] 7.07 .020(R), and the relationship of commercial property in the City to
certain sensitive uses and other alcoholic beverage establishments brought forth a potential conflict.
Presently, sections 8.34.040 and 8.34.060 forbid off-sale establishments (mini marts, liquor and grocery
stores, etc.) from conducting business within 1,000 feet of any existing schools, places of worship,
hospitals, parks, playgrounds or other alcoholic beverage establishments of eleven thousand square feet or
less in size. The same restrictions apply to specific on-sale establishments (ABC license types 40, 42, and
48 (21 and over, bars and nightclubs)). All other on-sale establishments (restaurants) have no distance
restrictions.
The department presented the following for council consideration on November 8th, 20] 1:
The depaJiment's recommendation is to change the "],000 feet" restriction in Chapter 8.34 to "500 feet"
for 9ff-sale businesses only. The department is not considering changing the current] 000 ft. restriction
for specific on-sale establishments (bars and nightclubs (ABC license types 40, 42, and 48)). This
distancing requirement is more appropriate given the distribution of sensitive uses and alcohol
establishments in the City. The department is also recommending that "places of worship" be removed
from the list of sensitive uses since they may be located in commercia] spaces in light of the City's Zone
Code and federal laws such as the Religious Land Use and Institutionalized Persons Act (RLUIP A).
To further delineate between types of off-sale establishments, the department is recommending language
be added to Section 0 of 8.34.040 and Section C of 8.34.060 pertaining only to off sale establishments
eleven thousand feet or less in size. For example, this change would permit a grocery store, greater than
eleven thousand square feet in size, to occupy property within 500 feet of another off sale or an on-sale
establishment.
Additionally, section 8.34.060 (Action on Application) has been amended to allow the Director of Public
Safety and/or his designee to use discretion in granting alcohol use permits based on particular
consideration of the peace, order and moral welfare of the public. Specifically, rather than requiring that
all five findings be made prior to permit issuance as required by section 8.34.060, under the amended
code the Director must consider those factors but will have the discretion to issue a permit even where not
all five findings can be made if the factual circumstances warrant it. For example, this flexibility would
allow the Director to take into account that two establishments are technically within 500 feet of one
another but are physically separated (such ashy the highway), in deciding whether to issue a permit. The
designee is a ranking officer (sergeant or lieutenant) who oversees alcoho]ic beverage establishment
compliance. The designee will forward his/her recommendations to the director who will make a decision
on issuance of the alcohol use permit.
In order to eliminate the potential conflict with the remainder of the RPMC, the department recommends
that Section I 7.07.020(R) be deleted in its entirety. As a result, the distancing requirements for these
establishments will be contained in a single location in the code at Chapter 8.34.
The department is asking Council to: grant the Director the discretion to consider alcohol permit issuance
based on conditions outlined above; amend Chapter 8.34 ofRPMC (Sections 8.34.040 and 8.34.060)
to reflect the off-sale change in distance from "1,000 feet" to "500 feet," as well as the addition of
language referencing specifically off-sale establishments "eleven thousand square feet or less in size," and
the removal of places of worship from the list of sensitive uses; and repeal RPMC Section 17.07.020(R)
to avoid conflicting conditions.
Attachments:
Ordinance No. 84]
Chapter 8.34 with recommended changes and additions in ]egislative notation.
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney
CITY MANAGER'S RECOMMENDATION: () Consent Item (X) Regular Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Per City Manager's review and direction for distribution of this agenda item.
(Revised 03] 309) JH:TG-S:05-b
ORDINANCE NO. 841
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTIONS
8.34.040 ("APPLICATION FOR USE PERMIT--FORM AND CONTENT") AND 8.34.060
("ACTION ON APPLICATION FOR A USE PERMIT") OF CHAPTER 8.34 ("USE
PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS") AND
REPEALING SECTION 17.07.020(R) OF THE RO:HNERT PARK MUNICIPAL CODE
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 780, adding
Chapter 8.34, Use Permits for Alcoholic Beverage Establishments, to the Rohnert Park
Municipal Code (RPMC);
WHEREAS, RPMC Chapter 8.34 requires each owner or licensee of an alcohol
establishment to secure a use permit to lawfully engage in the sale of alcoholic beverages in the
City;
WHEREAS, RPMC Sections 8.34.040 and 8.34.060 prohibit off-sale alcohol
establishments from conducting business within 1,000 feet of any existing schools, places of
worship, hospitals, parks, playgrounds or other alcoholic beverage establishments of 11,000
square feet or less in size;
WHEREAS, the 1,000- foot restriction set forth in Chapter 8.34 conflicts with RPMC
Section 17.07.020, which prohibits alcohol licensed establishments from operating within 500
feet of the above-mentioned locations;
WHEREAS, the current 1,000-foot restriction may also restrict off-sale alcohol
establishments from occupying vacant commercial property, which could have an effect on
economic growth; and
WHEREAS, granting the Director of Public Safety and/or his designee the latitude to
approve or deny permits based on particular consideration of the peace, order and moral welfare
of the public will be beneficial during the permit application review process.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Subsection D of Section 8.24.040 of the Rohnert Park Municipal Code is
amended to read as follows:
"For off-sale establishments eleven thousand square feet or less in size, a verification that
the establishment is not located within five hundred feet of any existing schools, places of
worship, ho_spitals, parks, playgrounds or other off-sale alcoholic beverage establishments of
eleven thousand square feet or less in size; and"
SECTION 2. 8.24.060 of the Rohnert Park Municipal Code is amended in its entirety to read as
follows:
"8.34.060 - Action on application for a use permit.
The director of public safety will consider each complete application for a use permit
1
required by this chapter within thirty business days of submittal, and may consider the following
prior to making a decision whether to issue the permit.
A. The proposed alcoholic beverage establishment is located in a zoning district in
which the establishment is a permitted use;
B. The proposed establishment will not contribute to an undue concentration of
alcohol establishments in the area as defined by Business and Professions Code
Section 23958.4(a) or is an establishment for whom the city has made a finding of
public convenience or necessity;
C. The proposed off-sale establishment is eleven thousand square feet or less in size
and is not located within five hundred feet of any existing schools, hospitals,
parks, playgrounds or other off-sale alcoholic beverage establishments of eleven
thousand square feet orless in size;
D. The proposed on-sale establishment with either ABC license type 40, 42 or 48
(bars, nightclubs), a verification that the establishment is not located within one
thousand feet of any existing schools, places of worship, hospitals, parks,
playgrounds or other alcoholic beverage establishment with ABC license type 40,
42 or 48;
E. The proposed establishment is not located in a high-crime area as defined in
Business and Professions Code Section 23958.5(a), or where a disproportionate
number of police service calls occur."
SECTION 3: Subsection R of section 17.07.020 of the Rohnert Park Municipal Code is hereby
repealed. All other subsections of section 17.07.020 shall retain their existing lettering.
SECTION 4: Severability. If any section, subsection, sentence, clause or phrase ofthis
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more of the sections subsections, sentences, clauses or
phrases may be declared unconstitutional.
SECTION 5: Effective Date. This ordinance shall be in full force and effective thirty (30) days
from and after its adoption and shall be published and posted as required by law.
This ordinance was introduced on the 22nd day of November, 2011, and was DULY AND
REGULARLY ADOPTED this _ day of ,2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
3
Chapter 8.34
USE PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
Sections:
8.34.010 Definitions.
8.34.020 Administration.
8.34.030 Use permit required for new or modified alcoholic beverage establishments.
8.34.040 Application for use permit--Form and content.
8.34.050 Application for use permit--Application fees.
8.34.060 Action on application for a use permit.
8.34.070 Conditions of approval.
8.34.080 Appeals from a determination on an application for use permit.
8.34.090 Posting of conditions of approval.
8.34.100 Existing uses deemed approved.
8.34.110 Notification to owners.
8.34.120 Posting of operational standards by deemed approved establishments.
8.34.130 Operational standards for all alcoholic beverage establishments.
8.34.140 Training requirements for all alcoholic beverage establishments.
8.34.150 Annual permit fees.
8.34.160 Billing and payment.
8.34.170 Administrative review of fee.
8.34.180 Establishment of alcohol permit fee account.
8.34.190 Report of expenditure of fees to be collected.
8.34.200 Violations.
8.34.210 Penalties.
8.34.220 Inspections.
8.34.230 Preliminary notice of violation and hearing.
8.34.010 Definitions.
As used in this chapter:
"Alcoholic beverage" means any beverage fit for consumption which contains one-half of one
percent or more of alcohol by volume.
"Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic Beverage
Control.
"Alcoholic beverage establishment" means any off-sale or on-sale alcoholic beverage
establishment.
"Alcoholic beverage establishment, off-sale" means any business where alcoholic beverages are
sold for consumption off of the establishment's premises including, but not limited to, any business that
has obtained or intends to obtain an ABC license type 20 or 21.
"Alcoholic beverage establishment, on-sale" means any business where alcoholic beverages are
sold or served for consumption on the premises and which is applying for or has obtained an ABC
license type 40, 41, 42, 47, 48,51,52,61,63 and/or 75.
"City manager" means the city manager or his or her designee.
"Deemed approved establishment" means any licensed, legal nonconforming alcoholic beverage
establishment in existence and lawfully operating in the city immediately prior to the effective date of
the ordinance codified in this chapter.
"Director of administrative services" means the director of administrative services or his or her
designee.
"Director of public safety" means the director of public safety or his or her designee.
"Enforcement officer" means the city of Rohnert Park director of public safety or his or her
designee.
"Licensee" means any person or business licensed by the State of California Department of
Alcoholic Beverage Control actively conducting retail alcohol sales. In any case where a person or
business maintains duplicate licenses or catering licenses at a location, such person or business shall be
deemed a single "Licensee." .
8.34.020 Administration.
The director of public safety is responsible for issuing the use permits required by this chapter,
and for carrying out such other responsibilities contained in this chapter.
The director of public safety is also responsible for monitoring compliance by the owners,
operators and employees of an alcoholic beverage establishment with conditions imposed on any use
permit issued pursuant to the provisions of this chapter, including deemed approved uses, and for
initiating appropriate enforcement action in the event of noncompliance.
The director of administrative services is responsible for collecting all annual permit fees
imposed pursuant to the provisions of this chapter.
8.34.030 Use permit required for new or modified alcoholic beverage establishments.
Except as otherwise provided in this chapter, no person shall establish a new on-sale or off-sale
licensed alcoholic beverage establishment or substantially modify an existing alcoholic beverage
establishment without first obtaining a use permit in the manner provided by this chapter.
8.34.040 Application for use permit--Form and content.
An application for a use permit required by this chapter must be in the form prescribed by the
director of public safety and shall contain all of the following information:
A. The address of the establishment selling alcoholic beverages;
2
B. The type of ABC license the applicant is seeking for the alcoholic beverage
establishment;
C. The true and complete name and address of each lender or share holder with a five
percent or more financial interest in the proposed business or any other person to whom a
share or percentage of the income of the establishment is to be paid;
D. For off-sale establishments eleven thousand square feet or less in size, a verification that
the establishment is not located within onc thousandfive hundred feet of any existing
schools, places of \vorship, hospitals, parks, playgrounds or other off-sale alcoholic
beverage establishments of eleven thousand square feet or less in size; and
E. For on-sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a
verification that the establishment is not located within one thousand feet of any existing
schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage
establishments with ABC license type 40, 42 or 48.
8.34.050 Application for use permit--Application fees.
An application for a use permit required by this chapter shall be accompanied by an application
fee in an amount established by resolution of the city council, based on the estimated costs of reviewing
and acting on such applications and compliance monitoring and public education.
8.34.060 Action on application for a use permit.
The director of public safety will consider each complete application for a use permit required by
this chapter within thirty business days of submittal, and may consider the following prior to making a
decision whether to issue the permitwill approve issuance of the permit upon making the following
findings.
A. The proposed alcoholic beverage establishment is located in a zoning district in which the
establishment is a permitted use;
B. The proposed establishment will not contribute to an undue concentration of alcohol
establishments in the area as defined by Business and Professions Code Section
23958.4(a) or is an establishment for whom the city has made a finding of public
convenience or necessity;
C. The proposed off-sale establishment is eleven thousand square feet or less in size and is
not located within one thousandfive hundred feet of any existing schools, places of
'vvorship, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments
of eleven thousand square feet or less in size;
D. The proposed on-sale establishment with either ABC license type 40,42 or 48 (bars,
nightclubs), a verification that the establishment is not located within one thousand feet
of any existing schools, places of worship, hospitals, parks, playgrounds or other
3
alcoholic beverage establishment with ABC license type 40, 42 or 48;
E. The proposed establishment is not located in a high-crime area as defined in Business and
Professions Code Section 23958.5(a), or where a disproportionate number of police
service calls occur.
8.34.070 Conditions of approval.
When approving an application for a use permit for an alcoholic beverage establishment, the
director of public safety shall issue the permit subject to the operational standards and training
requirements set forth in Sections 8.34.130 and 8.34.140 of this chapter.
When approving an application for a use permit for an alcoholic beverage establishment, the
planning commission may also impose additional conditions that it determines to be necessary or
desirable to insure that the particular use authorized by the permit will be established, operated, and
maintained in a way that will prevent nuisances, including but not limited to, premises design conditions
that:
A. Require the exterior areas of the premises and adjoining parking lots to be illuminated in
a manner that provides lighting sufficient to illuminate and make easily discernable the
appearance of all persons on or about the premises while not disturbing surrounding
residential and commercial areas;
B. Require litter and trash receptacles that are placed at accessible locations both within and
outside the establishment and that are emptied on a daily basis;
C. Prohibit fixtures or furnishings that encourage loitering and nuisance behavior;
D. Reduce opportunities for patrons to congregate and obstruct neighboring properties and
public rights-of-way;
E. Otherwise maximize opportunities for surveillance and control of the premises and areas
around the perimeter of the premises, including but not limited to cameras or security
guards; and
F. Any other conditions deemed appropriate by the planning commission.
8.34.080 Appeals from a determination on an application for use permit.
Any applicant or other person aggrieved by a decision of the director of public safety on an
application for a use permit required by this chapter, may appeal the decision of the director of public
safety to the city manager within the time and in the manner required by Section 8.34.230 of this
chapter. The decision ofthe city manager shall be final.
4
8.34.090 Posting of conditions of approval.
Every owner of an alcoholic beverage establishment issued a use permit pursuant to the
provisions of this chapter shall post a copy of all operational standards, training requirements and any
special conditions of the permit in at least one prominent place within the interior of the establishment
where it will be readily visible and legible to the employees and patrons of the establishment.
8.34.100 Existing uses deemed approved.
Except as otherwise provided in this chapter, any alcoholic beverage establishment lawfully
operating prior to the effective date of the ordinance codified in this chapter pursuant to an ABC license
that authorizes the retail sale of alcoholic beverages for on-site or off-site consumption shall be deemed
approved and may continue to lawfully operate without a use permit provided the operation is conducted
in compliance with the standards and training requirements set fOlih in this chapter and has paid the
annual permit fee required by Section 8.34.150.
The continued operation of a deemed approved alcoholic beverage establishment shall require
approval of a new use permit in the manner provided by this chapter upon the occurrence of any of the
following:
A. The establishment changes its type of retail liquor license with the Department of
Alcoholic Beverage Control;
B. There is a substantial modification to the mode or character of operation. As used herein,
the phrase "substantial change of m:ode or character of operation" shall include, but not be
limited to the following:
1. The off-sale alcoholic beverage establishment increases the floor area or shelf
space principally devoted to alcohol sales by twenty-five percent or more; or
2. The on-sale alcoholic beverage establishment increases the floor area principally
devoted to the alcohol sales by more than two hundred fifty square feet; or
3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the
ABC license has been either revoked or suspended for a period greater than thirty
days by the ABC; or
4. The alcoholic beverage establishment proposes to reinstate alcohol sales after a
cessation of use for a period of six months or more.
8.34.110 Notification to owners.
Within sixty days following the effective date of the ordinance codified in this chapter, the
director of public safety shall:
A. Notify the owner of each deemed approved alcoholic beverage establishment within the
city of the establishment's deemed approved status, authorizing the establishment to
5
lawfully continue its operation in the manner required by this chapter;
B. Provide the owner of the establishment with a copy of the provisions ofthis chapter and
call the owner's attention to the requirement that the establishment be operated in
accordance with the operational standards set forth in Section 8.34.130; and
C. Provide the owner of the establishment with a copy of the permit fees adopted by the city
council in accordance with Section 8.34.150 and advise the owner of the amount and due
date of the establishment's annual permit fee.
8.34.120 Posting of operational standards by deemed approved establishments.
Every owner of a deemed approved alcoholic beverage establishment shall post a copy of all of
the operational standards set forth in this chapter in at least one prominent place within the interior of the
establishment where it will be readily visible and legible to the employees and patrons of the
establishment.
8.34.130 Operational standards for all alcoholic beverage establishments.
All new and existing alcoholic beverage establishments shall be operated in conformance with
the following operational standards:
A. Compliance with the state's Alcohol Beverage Control Act. All alcoholic beverage
establishments shall be operated in strict compliance with the state's Alcohol Beverage
Control Act, together with the conditions of any license issued by ABC to the
establishment pursuant to that Act.
B. Performance Standards for Outlets. All alcoholic beverage establishments shall take
reasonable steps to discourage and correct objectionable conditions that constitute a
nuisance, as defined in Chapter 1.24 of this Code, and adhere to the following
performance standards in parking areas, sidewalks, alleys and areas surrounding the
alcoholic beverage establishments and adjacent properties under the control of the subject
alcoholic beverage establishment. "Reasonable steps" shall include calling the police in a
timely manner, preventive design features, and requesting those engaging in such
activities to cease those activities, unless personal safety would be threatened in making
that request. Failure to correct these conditions may result in revocation of the "deemed
approved" status, thereby requiring approval of a new use permit in the manner provided
by this chapter.
1. It does not result in adverse effects to the health, peace or safety of persons
residing or working in the surrounding area.
2. It does not result in jeopardizing or endangering the public health or safety of
persons residing or working in the surrounding area.
3. It does not result in repeated nuisance activities within the premises or in close
proximity to the premises, including but not limited to disturbance of the peace,
6
illegal drug activity, public drunkenness, drinking in public, harassment of
passersby, gambling, prostitution, sexual harassment or sexual battery, sale of
stolen goods, public urination, theft, assaults, batteries, acts of vandalism,
excessive littering, loitering, graffiti, illegal parking, excessive loud noises,
especially in the late night or early morning hours, traffic violations, curfew
violations, lewd sexual conduct in public, or police detentions and arrests.
4. It does not result in violations to any applicable provision of any other city,
county, state, or federal regulation, ordinance, or statute including but not limited
to sale or service of alcohol to minors, service of intoxicated patrons, failure to
adhere to state ABC license conditions or local conditional use permit restrictions.
5. Its upkeep and operating characteristics are compatible with and will not
adversely affect the livability or appropriate development of abutting properties
and the surrounding area.
6. A copy of the performance standards shall be posted in a conspicuous and
unobstructed place visible from the entrance of the establishment for public
reVIew.
8.34.140 Training requirements for all alcoholic beverage establishments.
A. Training. All sellers/servers of alcoholic beverages shall complete an approved course in
"Responsible Beverage Sales" (RBS) within sixty days of hire for employees hired after the passage of
the ordinance codified in this chapter or within six months of the passage of the ordinance codified in
this chapter for existing employees.
B. Certified Programs. To satisfy the requirements ofthis section, a certified program must
meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS)
or other certifying/licensing body designated by the state of California.
8.34.150 Annual permit fees.
The city council shall establish by resolution an annual use permit fee that shall be imposed on
each alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter,
including any new or modified establishment or deemed approved establishment issued a permit
pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic beverage
establishment on a sliding scale based on:
A. The hours of operation that alcohol is sold at the establishment;
B. The volume of alcohol sales at the establishment;
C. The number of police calls for service at the establishment;
D. The estimated annual costs of the police ser,:ices necessary to monitor and enforce the
operational standards and other use permit conditions and requirements for all
7
establishments within that license category; and
E. The estimated staff costs to bill and collect the annual permit fee.
8.34.160 Billing and payment.
All annual permit fees imposed on an alcoholic beverage establishment operating under a use
permit issued in the manner provided for by this chapter including "deemed approved" establishments
shall be billed by the administrative services department on or before the first day of January of each
year. The fee is due and payable immediately upon receipt, and will be delinquent if not paid within
thirty days of the bill's mailing.
8.34.170 Administrative review of fee.
Licensee may to challenge the amount of the annual use permit fee in accordance with Section
3.32.060 of this Code.
8.34.180 Establishment of alcohol permit fee account.
A. The city shall establish an "Alcohol Permit Fee Account" for the collection of the fees
described in this chapter.
B. Funds from the "Alcohol Permit Fee Account" shall be used only to recover the cost of
the services including education, inspections, enforcement operations and administrative hearings,
related to the monitoring and enforcement of the performance standards, conditions of operation and
regulations established for licensed alcohol establislUnents in this chapter.
8.34.190 Report of expenditure of fees to be collected.
A. Not later than the last meeting of October in each calendar year, the enforcement officer
shall submit to the city council a report on the expenditures of the total of annual alcohol permit fees
collected.
B. The report shall set forth such matters as:
1. The prioritization of problems regarding enforcement of the performance standards,
conditions and regulations as set forth in this chapter related to the operation of licensed
alcohol establishments in the city of Rohnert Park.
2. Methods of mitigating such problems, through prevention, education and enforcement of
the performance standards, conditions and regulations.
3. The specific allocation of the fees to be collected to activities described in the report.
8.34.200 Violations.
A. It is unlawful for any person to operate a new or modified alcoholic beverage
8
establishment:
1. Without a valid use permit issued in the maImer provided by this chapter; or
2. In violation of any requirements and conditions of any applicable use permit issued
pursuant to this chapter, including, but not limited to, any operational standards and
training requirements.
B. It is unlawful for any person to operate a deemed approved alcoholic establishment in
violation of the operational standards set forth in this chapter and incorporated into a permit issued to the
establishment pursuant to this chapter.
8.34.210 Penalties.
A person shall be subject to the penalties set forth in Chapter 1.16 of this Code if:
A. The person operates a new or modified alcoholic beverage establishment without a use
permit required by this chapter.
B. The person has been issued a use permit for an alcoholic beverage establishment in the
manner provided by this chapter, and causes or permits the establishment to be operated
in violation of the requirements or conditions of the use permit.
8.34.220 Inspections.
All alcoholic beverage establishments within the city shall be regularly inspected by the public
safety department to determine whether the establishments are being operated in compliance with the
provisions ofthis chapter.
8.34.230 Preliminary notice of violation and hearing.
A. Preliminary Notice. Where the public safety department determines that an alcoholic
beverage establishment is operating in violation of the provisions of this chapter, including, but not
limited to, any of the requirements and conditions ofthe use permit issued to such establishment in the
manner provided by this chapter, the department will issue a notice to the permittee that describes the
nature of the violation, the corrective action to be taken, and the time within the corrective action must
be completed.
B. Notice of Hearing. If the licensee has not taken corrective action with the time specified,
the public safety director shall provide the licensee with notice of a hearing. The notice shall specify the
facts which constitute the violation, specify the time, date, and place of the hearing, and state that the
licensee may be represented by counsel or other interested persons. Said notice shall be served at least
fifteen days prior to the hearing by mailing by certified mail, postage prepaid, addressed to the licensee's
residence as indicated in the most recent use permit application on file.
C. Hearing. At the hearing, the licensee, his or her counsel, and any other interested
person(s) shall have the right to present evidence as to the facts upon which the public safety director
9
proposes to revoke the use permit.
D. Notice of Decision. If after said hearing, the public safety director finds that any of the
grounds for revocation exist, he or she shall within ten days after the hearing serve by certified mail,
postage prepaid, a notice of decision upon the licensee and all interested persons participating in the
hearing. Said notice shall specify the findings of the public safety director, the ground or grounds for his
decision, and shall indicate the appeal procedure.
E. Effective Date of Decision. The decision of the public safety director shall be final and
binding on all interested parties ten days after the notice of decision is mailed, unless an appeal is filed.
F. Appeal. The decision of the public safety director to revoke a use permit may be appealed
in writing to the city manager within ten days of mailing of the notice of decision. The city manager
shall hear the appeal within thirty days of receipt of the written appeal. At the hearing, the appellant may
present evidence in support of the contentions stated in the notice of appeal. Any interested person( s),
including the public safety director, may be allowed to participate in the hearing and present evidence in
support of the decision of the public safety director. The city manager shall render a written decision,
including the grounds upon which the revocation is either upheld or overturned, within fifteen days of
the date of the appeal hearing. A copy of the city manager's decision shall be served by certified mail,
postage prepaid, upon the appellant and all parties to the hearing requesting same. The decision of the
city manager shall be final.
10
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding
a PUBLIC HEARING.
WHERE: Rohnert Park City Hall - Council Chamber
130 Avram Avenue
Rohnert Park, California
WHEN: Tuesday, November 22,2011, at the hour of6:00 p.m.
or as soon thereafter as the matter is reached on the agenda.
PURPOSE: To consider amendments to Rohnert Park Municipal Code Chapter 8.34
regarding relative distance of licensed alcoholic beverage establishments
to certain sensitive uses or other alcoholic beverage establishments and
repeal of Rohnert Park Municipal Code Section 17.07.020(R)
Representatives of this proposal will be available to respond to questions.
All persons interested in this matter should appear at the November 22, 2011, City Council
meeting. Written statements may be submitted to the City Clerk in advance for presentation to
the Council as part of the public hearing.
NOTE: If you challenge this matter in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing.
Documents related to this item are available for public review during normal business hours at
the City Clerk's Office, 130 Avram Avenue, Rohnert Park, CA, (707) 588-2225.
Questions regarding this matter should be directed to Public Safety Sergeant Mike Bates,
Department of Public Safety, (707) 584-2647.
Dated: November 9,2011
Published: November 11,2011
Terri Griffin, City Clerk
~l..
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
· Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via em ail for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
· Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
· Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
· Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
· Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008-173
{This section for City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 11
ORDINANCE NO. 842
(Introduction)
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
Department:
November 22, 2011
Public Safety
Submitted By:
Brian Masterson, Public Safety Director
Patrick Barnes, Deputy City Engineer
Submittal Date:
October 28, 2011
Agenda Title:
An ordinance declaring prima facie speed limits on certain streets.
Requested Council Action:
Introduce and waive the reading of an ordinance declaring prima facie speed limits on certain
streets.
Summary: Speed surveys are used to set speed limits. If the roadway is not a "local road', the
spced limit must be set by a speed surveyor the speed limit becomes virtually unenforceable.
Speed surveys expire and so must be done at regular intervals to maintain an enforceable speed
limit. The recently completed 2011 speed surveys measured the speeds on 17 roadway
segments. On five ofthese segments the speed limit should, in accordance with the law, be
raised by 5 mph. In addition, staff is bringing back two segments of Country Club and asking
Council to raise the speed limits on these segments as well. Raising the speed limits on these
roadways in accordance with the law will allow Public safety to enforce the speed limit on these
roadways.
Enclosures: Ordinance Amending Section 10.20.010 of the Robnert Park Municipal Code Declaring Prima Facie
Speed Limits
Engineering and Traffic Surveys
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item (X) Regular Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b
1
Staff Report
Ordinance Declarine: Prima Facie Speed Limits On Certain Streets.
REQUESTED COUNCIL ACTION:
Introduce and waive the reading of an ordinance declaring prima facie speed limits on certain
streets.
BACKGROUND:
Speed surveys are used to set speed limits. If the roadway is not a "local road', the speed limit
must be set by a speed surveyor the speed limit becomes virtually unenforceable. Speed surveys
expire and so must be done at regular intervals to maintain an enforceable speed limit.
Here is how speed surveys are done. Vehicle speeds are measured at free flow. The 85th
percentile speed is recorded. That number is rounded to the nearest 5 mph, which ordinarily sets
the speed limit. With good reason, that speed can be dropped by 5 mph. Accident history is
usually the best indicator of the need to lower the speed. That 5 mph is the only flexibility
provided by law.
The recently completed 2011 speed surveys measured the speeds on 17 roadway segments. It is
important to note that the Traffic Engineer realigned some roadway segments. That is the
roadway segments start and stop in different places. This realignment served three purposes:
1. It provided a more logical grouping of roadway sections; similar sections were put
together.
2. It reduced costs now and into the future by reducing the number of segments.
3. It kept us from increasing speed limits on part of a roadway where the speed should be
slower, but the speed limit might be set by a faster roadway segment.
Due to this realignment there will be a number of deletions and additions in the proposed
ordinance. What is really happening in the ordinance is that seven roadway segments have
increased speed limits as described below.
Of the 17 roadway segments included in the 2011 speed survey, we are recommending
increasing the speed limit on five roadway segments. Five segments are a part of the 2011 traffic
survey and two are returns from an earlier survey.
On four of these five roadway segments, the Traffic Engineer lowered the speed limit from the
85th percentile speed the maximum 5 mph allowed by law. On all four of these roadway
segments, the average driver (50% percentile driver) is driving at a speed corresponding to the
recommended speed limit. On one roadway, Labath, the Traffic Engineer recommends setting
the speed limit at the 85% speed, which is 35 mph. Labath connects to Business Park Drive
where the speed limit is 40 mph. The accident rate on Labath is about half the statewide average.
Setting these new speed limits will allow Public Safety to enforce the speed limit on speeders. If
the speed limit is not set in accordance with law, the speed on these roads will be virtually
unenforceable. This would allow persons to continue to speed at 58 mph (actual measured speed
during speed survey on Golf Course Drive) with no ability to enforce the speed limit.
2
Roadwa v Segments with Increased Speed Limits Based on Speed Surveys
Roadway From To Current 85% 50% New
Limit Speed Speed Limit
Commerce Golf Course A vram 35 43 39 40
Commerce A vram Southwest 30 41 35 35
Golf Course Commerce Country Club 35 44 40 40
Labath Business Park RPX 30 34 30 35
Redwood Willis City Limits South 35 43 39 40
In 2008 we completed speed surveys oftwo segments of Country Club, one on each side of
RPX. Both resulted in recommended speed limits of30 mph. Council asked us to try again. We
repeated the speed surveys with the same result. At that time, Council chose not to increase the
speed limit on Country Club. This makes the speed limit virtually unenforceable.
As a part of the 2011 speed survey, we completed another speed survey on Country Club. Here
are the results of the surveys:
July 2008
Se t 2008
Se t 2011
Count Club North
85t ercentile eed Limit
33 30
33 30
33 30
85t
On both of these roadway segments, the average driver is driving nearly 30 mph and only 10% of
drivers are driving the posted speed limit of 25 mph. Clearly, a 25 mph speed limit is not
resulting in persons driving 25 mph. Meanwhile, Public Safety has lost the ability to enforce the
speed limit on drivers speeding over 30 mph. It is the opinion of both your Traffic Engineer and
Public Safety that not having a speed limit is making the roadway less safe.
A Further and More Detailed Explanation of the California Vehicle Code
Excluding freeways there are generally three classes of roadways with associated rules for
setting speed limits:
1. Local roads. In Rohnert Park, local roads are those roadways that are specifically
defined as local roads in the Functional Classification System as depicted in the Sonoma
County California Road System Map, approved by the California Department of
Transportation and the Federal Highways Administration. These local roadways have a
prima facia speed limit of 25 mph. This speed limit is enforceable. There is no need for
a speed survey. The City does not perform speed surveys for these roadways.
2. Highways. A two-lane, undivided highway is a highway with not more than one through
lane oftravel in each direction, has a prima facia speed limit of 55 miles per hour unless
that highway, or portion thereof, has been posted for a higher speed based on an
engineering and traffic survey. When no traffic survey has been performed on these
roadways to justify a different speed limit, the 55 mph speed limit is set and is
enforceable. These classes of roadways are not generally used in Rohnert Park and are
applicable only where an ordinance has not been adopted setting a speed limit based on a
speed survey.
3
3. All Other Roadways. This includes all roadways defined in the Functional classification
System as depicted in the Sonoma County California Road System Map, approved by the
California Department of Transportation and the Federal Highways Administration as
Principal Arterials, Minor Arterials and Collectors. Unless the local jurisdiction
determines these fall under #2 above (resulting in a speed limit of 55 mph), the speed on
these roadways are to be set by a speed survey. The City of Rohnert Park generally sets
speed limits based on a speed survey for these roadways.
A speed trap is defined in the California Vehicle Code (CVC) as a particular section of a
roadway with a prima facie speed limit set by local ordinance if that prima facie speed limit is
NOT justified by an engineering and traffic survey.
The CVC states that "No peace officer or other person shall use a speed trap in arresting, or
participating or assisting in the arrest of, any person for any alleged violation of this code nor
shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose
of an arrest or prosecution under this code."
The (CVC) states that local speed limits must be set by ordinance. The CVC allows cities to set
speed limits within their jurisdiction provided that the speed limits are set using an "engineering
and traffic survey". The law is very specific in how these surveys are to be performed and
interpreted.
The CVC includes requirements that an Engineering and Traffic Survey be completed in order to
establish radar enforceable speed limits. Speed surveys expire and must be done about every
five years but can be extended to seven years in Rohnert Park due to the advanced training of our
Officers.
The California Manual on Uniform Traffic Control Devices (CMUTCD) interprets the CVC.
The CMUTCD is published by the State of California Department of Transportation in
accordance with Section 21400 of the CVC.
The CVC and CMUTCD state that the primary factor in determining the recommended speed
limit shall be the prevailing speed as determined by traffic engineering measurements, with
specific guidance provided on how to obtain an accurate prevailing speed measurement.
Traffic speeds shall be established at the NEAREST 5 mph to the 85 percentile speed (critical
speed). The 85th percentile speed is the speed at or below which 85 percent of the vehicle speeds
measured are traveling.
As an example, two hundred cars are measured. The 170th fastest car is the 85th percentile
speed and is travelling 33 mph. The nearest 5 mph increment is 35 mph.
Speed surveys must represent free flowing traffic. Speed measurements should be taken during
off-peak hours between peak traffic periods on weekdays. The weather should be.fair (dry
pavement) with no unusual conditions prevailing. In order for the sample to be representative of
the actual traffic flow, the minimum sample should be 100 vehicles in each survey.
The speed limit may be lowered by 5 mph below the critical speed where the engineering study
indicates the need for a reduction in speed based on roadside factors not readily apparent to the
driver. The factors that may be considered when lowering established speed limit to 5 mph below
the critical speed are the following:
4
A. Road characteristics, shoulder condition, grade, alignment, and sight distance;
B. The pace speed;
C. Roadside development and environment;
D. Parking practices and pedestrian activity;
E. Pedestrian and bicycle safety, and
F. Reported crash experience for at least a 12-month period.
Generally, the most decisive evidence of "conditions not readily apparent to the driver" is
collision history.
Physical conditions such as width, curvature, grade, and surface conditions that are readily
apparent to the driver, in the absence of other factors are not reason to lower the speed limit
below the critical speed. CVC 22358.5 states, "It is the intent of the Legislature that physical
conditions such as width, curvature, grade and surface conditions, or any other condition readily
apparent to a driver, in the absence of other factors, would not require special downward speed
zoning. "
The CMUTCD repeats this direction "Physical conditions such as width, curvature, grade and
surface conditions, or any other condition readily apparent to the driver, in the absence of other
factors, would not require downward speed zoning."
The CMUTCD specifically cautions against lowering the speed limit below the critical speed.
According to the CMUTCD, "studies show that establishing a speed limit at less than the 85th
percentile (Critical Speed) generally results in an increase in collision rates." This is because
differential speeds resulting from artificially low speed limits increase passing and rear end
collisions. In addition, lowering the speed limit below the critical speed may make violators of a
disproportionate number of the reasonable majority of drivers.
Based on this, and the constraints set forth in the Speed Trap Law, local judges have thrown out
entire sets of speed surveys where they have determined that the engineer or jurisdiction
consistently lowered speed limits below the critical speed without regard for the procedures set
forth on the CMUTCD or regard for CVC 22358.5. This happened on Summerfield Road in
Santa Rosa in 2005 and led Santa Rosa to change the way they approached traffic speed surveys.
The Vehicle Code states that local speed limits must be set by ordinance. The attached ordinance
is being introduced at this meeting. If the attached ordinance is adopted, signs will be erected
showing the new prima facie speed limits on the affected segments. At that point, enforcement of
the new speed limits can commence.
It is important to note that in 2005, the City wrote a letter to the League of California Cities
asking for more local control of speed limits. The law has not yet changed as a result. If
anything, the law and its interpretation by judges (according to both Sergeant Pat Strouse and the
Traffic Engineer) have moved away from discretion by the Traffic Engineer and the local
authority. Staff fully understands that the City Council is frustrated with this lack of local
control. Nonetheless, we remained constrained by the choices presented by the current law,
5
IMPACT ON CURRENT SERVICES
The speed limit on these roadways will enforceable only when the speed limit is set in accordance
with state law. This will allow Public Safety to enforce the speed limit on drivers traveling over
the speed limit including those that drive over 50 mph on these roads.
OPTIONS CONSIDERED:
There are three options the Council could choose:
1. Raise the speed limit in accordance with the law. If the Council raises the speed limit in
accordance with the law, the average driver on these roadways will be going the posted
speed limit. Public safety will have the opportunity to enforce the speed limit on those
who drive faster than the average driver. This is the recommended alternative.
2. Not raise the speed limit in accordance with the law. Should Council not raise the speed
limit the posted speed limit will be unenforceable. As measured by the speed survey
persons will continue to drive as fast as 58 mph on these roads. Staff strongly
recommends against this alternative.
3. Redo the speed surveys. Council could direct staff to redo the speed surveys. Based on
the experience of Country Club, it is doubtful that the speed would decrease. The cost to
do these additional surveys would be about $600 each or $3,000 for five roadway
segments, plus staff time.
4. One might imagine another option would be to change a given roadway to a "local
street". There are numerous hurdles that would make such an option infeasible. This
change would create conflicts with the city General Plan and the Sonoma County
Transportation Plan. Changing the Sonoma County Road System Map would require the
concurrence of the California Department of Transportation and the FHW A. This would
have funding implications for the given roadway. Local roadways are not eligible for
Federal funds. Further there are definitions of what a local road is in terms of width and
the commercial or residential density fronting the roadway. It is likely that local judges
would cast a doubting eye on this approach and treat is as a speed trap. Given these
hurdles, this is not an option.
6
Street: Commerce Boulevard
From: Golf Course Drive
To: Avram Avenue
Speed Profile
16
-g 14
"0
o 12
u
(I) 10
0:::
8
6
4
2
o
.....
(I)
.D
E
::l
Z
tV' 0..,1\)
0..,'" ~
0..,'0 0..,'0
bol\)
*
~
~
~ <01\)
_ Northbound ml Southbound - Total
Speed
Cumulative Speed Profile
100.0
90.0
80.0
70.0
+-'
a5 60.0
~ 50.0
~ 40.0
30.0
20.0
10.0
0.0
tV' ~ ~ ~ ~ ~ ~ ~ ~ ~
Speed
Date Data Collected:
Day of the Week:
June 21, 2011
Tuesday
Start Time: 2:20 PM
End Time: 2:45 PM
Weather:
Recorder:
Clear
HW
""-tran'!J)1
Street: Commerce Boulevard
City of Rohnert Park
Engineering and Traffic Survey
To: Southwest Boulevard
From: Avram Avenue
Posted Limit:
Width:
Lanes:
Configuration:
Parking:
Bike Lanes:
Sidewalks:
Land Use:
Character:
Terrain:
30 mph
40-65 feet
2
Undivided
None
None
Discontinuous
Commercial
Urban
Flat
Street Conditions
-, ". ,--"/>.,,,.,
'\ ',,,.,' ',<;!,:,~-
" \4 ~,,~ h~~'''~~ ..C?~~:
..c:.,...;.o:q,',:?<, . ...~ >s~
t'?'~ 1. ! ~ '\;~-t"" ~~.::;
"j J ~ ,i en'.... c~~n~ l~#.
~f:'!'~'f.ir~~ ~. -~ (f. ...~~)--~T~~:_.--,.- -.-_~~p-~$~~:~,~~~~
1.,~1..~nn _ ,\,,~_ '~'7 ....,) \" "-~,.., ,
<rn~~~~~:;\ ~~~t~~~~~Z~
"-,. ~ .~~ l-,oo.J..'~N.A.vd ;\ /~/
/i:~;;~:. ~. r<:'.~?~l""\""\\(;~~.
..#;uu i :\;'~' _, ,~~~~"
?r.~~~~~~::~:.::::.~.._L~~ .~ .__."">._ :f~\~~:~;~~.';~
A
N
Volume (ADT):
Segment Length:
Collisions:
Evaluation Period:
Collision Rate:
Statewide Average Rate:
Observations and Evaluation
10,900 vpd Vehicles Sampled:
0.45 miles 85th Percentile Speed:
7 crashes Mean (50th Percentile) Speed:
2 years Pace: 30 to
1.95 c/mvm (collisions per million vehicle miles) Percent in Pace:
3.05 c/mvm
116
41 mph
35 mph
40 mph
71.6%
Conditions Not Readily Apparent to the Driver:
None
(Additional details provided on the next sheet.)
Conclusions and Recommendations
This segment of Commerce Boulevard is a frontage road to US 101, with a wide roadside area devoid of buildings
or intersections along the highway, no street parking, and flat terrain. Pedestrian activity is common along the
boulevard as this segment provides a connection from the residential neighborhoods adjoining the east side of
Commerce Boulevard to nearby commercial districts to the north and south, though pedestrians are required to walk
in the street where no sidewalk is provided. With an 85th percentile speed of 41 mph, the nearest 5 mph increment
is 40 mph. A 35 mph posted speed limit is determined to be reasonable and appropriate for this street segment, in
consideration of pedestrian safety and in accordance with the provisions of Sections 627, 22357, 22358 and 40802
of the California Vehicle Code.
L 35 mph I
Recommended
Speed Limit
Date
September 26, 2011
?v]~
~E
/~~ ---
(. -- -')r-~'-'~
Darrin Jenkins, City Engineer
VII-t:ra~
Street: Commerce Boulevard
From: Avram Avenue
To: Southwest Boulevard
Speed Profile
12
"0
()) 10
"E
0
() 8
())
0::
'- 6
())
.0
E 4
:::l
Z
2
0
~ ~ ,:>"> ,:>"" ~ ,:>Q:) ,:>'0 ~"> ~ ~
~Q:) ~'O ~"> ~'J, q. <oQ:)
. Northbound iii Southbound . Total
Speed
Cumulative Speed Profile
Date Data Collected:
Day of the Week:
June 21,2011
Tuesday
Start Time: 3:00 PM
End Time: 3:20 PM
Weather:
Recorder:
Clear
HW
VV-1:ra~
City of Rohnert Park
Engineering and Traffic Survey
Street: Golf Course Drive
From: Commerce Boulevard
To: Country Club Drive
Posted Limit:
Width:
Lanes:
Configuration:
Parking:
Bike Lanes:
Sidewalks:
Land Use:
Character:
Terrain:
35
30-72 feet
2
Undivided
None
Both sides
One side
Residential
Urban
Flat
~z
Observations and Evaluation
Volume (ADT):
Segment Length:
Collisions:
Evaluation Period:
Collision Rate:
Statewide Average Rate:
11,100 vpd Vehicles Sampled:
1.0 miles 85th Percentile Speed:
22 crashes Mean (50th Percentile) Speed:
2 years Pace: 34 to
2.72 c/mvnl (collisions per million vehicle miles) Percent in Pace:
3.05 c/mvm
120
44 mph
40 mph
44 mph
82.5%
Conditions Not Readily Apparent to the Driver:
None
(Additional details provided on the next sheet.)
Conclusions and Recommendations
This segment of Golf Course Drive adjoins a golf course on one side and residences on the other, and with no
sidewalk facilities on one side of the street pedestrians are forced to walk in the bike lane. With an 85th percentile
speed of 44 mph the nearest 5 mph increment is 45 mph. It is recommended that the posted speed on Golf Course
Drive be established at 40 mph in consideration of pedestrian safety and in accordance with the provisions of
Sections 627,22357,22358 and 40802 of the California Vehicle Code.
40 mph
1YJ?J1f:'o
o Yung, P.E.
Recommended
Speed Limit
September 26, 2011
Date
~-tran~
To: Country Club Drive
Street: Golf Course Drive
From: Commerce Boulevard
Speed Profile
18
as 16
"2 14
o
a5 12
0:: 10
....
~ 8
~ 6
Z 4
2
o
l' ....,~ ....,'1- n)< ....,CO ....,~ ~ ~ ~ ~CO ~~ . (;,~ (;,'1- q <:,CO <:,~
Speed
-Eastbound Il7JWestbound _Total
Cumulative Speed Profile
Date Data Collected:
Day of the Week:
June 21, 2011
Tuesday
Start Time: 1 :50 PM
End Time: 2:10 PM
Weather:
Recorder:
Clear
HW
,^,-uar:;J11
Street: Labath Avenue
City of Rohnert Park
Engineering and Traffic Survey
From: Business Park Drive
To: Rohnert Park Exprwy
Posted Limit:
Width:
Lanes:
Configuration:
Parking:
Bike Lanes:
Sidewalks:
Land Use:
Character:
Terrain:
30
38
2
Undivided
Both sides
None
Both sides
Office
Urban
Flat
mph
feet
Street Conditions
~i
"""'''''.':)1
:jJ
~!
ji
A
N
Volume (ADT):
Segment Length:
Collisions:
Evaluation Period:
Collision Rate:
Statewide Average Rate:
~,,~~,\'- .
~i . ~
,~~1~~~~t~:i~'~-;/ - --.
~"""~""_I>J
<\'~~
Observations and Evaluation
2,500 vpd Vehicles Sampled:
0.68 miles 85th Percentile Speed:
2 crashes Mean (50th Percentile) Speed:
2 years Pace: 25 to
1.61 clmvm (collisions per million vehicle miles) Percent in Pace:
3.05 c/mvm
81
34 mph
30 m ph
35 mph
76.5%
Conditions Not Readily Apparent to the Driver:
None
(Additional details provided on the next sheet.)
Conclusions and Recommendations
Labath Avenue and Business Park Drive form a street corridor that serves a high density industrial business
park, and the speed zones on both streets should be considered together. With an 85th percentile speed of 34
mph on Labath Avenue, the nearest 5 mph increment is 35 mph. The posted speed limit on Business Park
Drive is currently 40 mph, and in consideration of adjacent speed zoning, a 35 mph posted speed would be
appropriate for Labath Avenue. In consideration of these factors and in accordance with the provisions of
Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a 35 mph speed limit is recommended
for this street segment.
35 mph
Recommended
Speed Limit
September 26, 2011
Date
1Y1~
Mary Jo Yung, P.E.
w-tran~
Street: labath Avenue
From: Business Park Drive
To: Rohnert Park Exprwy
Speed Profile
10
"0 9
(J)
"0 8
L.
0 7
t)
(J) 6
0:::
L. 5
(J)
.D 4
E
::l 3
z
2
1
0
~ 'l-'l- ~ ~ ~ ";)f:::J ";)'l- ~ ";)<0 ";)'b
b<,f:::J
- Northbound
ll::J Southbound
_Total
Speed
Cumulative Speed Profile
100.0
90.0
80.0
70.0
~ 60.0
e 50.0
cf 40.0
30.0
20.0
10.0
0.0
~ ~.~ ~ ~ ~ ~ ~ ~ ~
Speed
Southbound
Date Data Collected:
Day of the Week:
Northbound
Date Data Collected:
Day of the Week:
June 21,2011
Tuesday
Start Time: 5:35 PM
End Time: 6:00 PM
Weather:
Recorder:
Clear
HW
June 23, 2011
Thursday
Start Time: 7:55 AM
End Time: 8:45 AM
Weather:
Recorder:
Clear
AJG
vv~tran~
City of Rohnert Park
Engineering and Traffic Survey
Street: Redwood Drive
From: Willis Road
To: City Limits South
Street Conditions
Posted Limit:
Width:
Lanes:
Configuration:
Parking:
Bike Lanes:
Sidewalks:
Land Use:
Character:
Terrain:
35 mph
28-80 feet
5
2-way L T lane
None
Discontinuous
One side
Commercial
Urban
Flat
j p.t-~--;\., -....... -./","- f~i~,'<,','~'~~~~ ~< ~,'~,L~~:~;-~;>"\ j' Jti~",\~,~~ .
; 'W C c#:"~'b/' ", 5~.1f, ",,,,,,.ll:. ,r.:, ~
! ~,-,.) ~~~/' ;v/tJ': I "r:'/'<:"'''' /;
c,:~.~I:~~'"":~~~J.I.t~11
- ,J I' ,J.J.Mi
'''''-o-r'' :.:\ ,(~) ./ ID"-) ,~..... ~/
i"S&.;&j' ... '!>j;ii! t;(r .P7'l-::
~\ ~~~~\~!J ~$'~/,,;;;,
..n. ..... . -L__..__.~. oft i ~ . ~;Er~::-:i~; ,../
3^V~:J~i~~~~ ~. ',/ I
~z
ii...v:
Observations and Evaluation
Volume (ADT): 10,800 vpd Vehicles Sampled:
Segment Length: 1.4 miles 85th Percentile Speed:
Collisions: 26 crashes Mean (50th Percentile) Speed:
Evaluation Period: 2 years Pace: 33 to
Collision Rate: 2.36 c/mvm (collisions per million vehicle miles) Percent in Pace:
Statewide Average R?te: 4.45 c/mvm
161
43 mph
39 mph
43 mph
74.5%
(Additional details provided on the next sheet.)
Conditions Not Readily Apparent to the Driver:
The adjacent speed zone to the south is posted 35 mph and to the north is 40 mph. Drivers entering mid-segment
may not be aware of the importance of consistent speed zones on this reqional arterial street.
Conclusions and Recommendations
Redwood Drive serves a high density commercial area in Rohnert Park and provides a regional connection to
Cotati. The posted limited for the segments of Redwood Drive to the north and south should be considered
together in determining overall safety; the posted speed limit on the southerly adjacent segment is 35 mph and it
is 40 mph on the northerly adjacent segment. With an 85th percentile speed of 43 mph on this segment of
Redwood Drive, the nearest 5 mph increment is 45 mph. A 40 mph posted speed would be appropriate in
consideration of adjacent speed zoning, and in accordance with the provisions of Sections 627,22357,22358
and 40802 of the California Vehicle Code.
40 mph
fY)~
~.
~~~;:y~~
Recommended
Speed Limit
September 26, 2011
Date
,^,-tran:y))
Street: Redwood Drive
From: Willis Road
To: City Limits South
Speed Profile
25
"0
Q)
"0 20
....
0
()
Q) 15
0:::
....
Q)
.0 10
E
:J
Z
5
0
1> ~ f':J~ f':J'1- n}<
. Northbound mSouthbound -Total
f':J(()
Speed
f':J'O
t>?
v
~
Cumulative Speed Profile
Date Data Collected: 06/21/11
Day of the Week: Tuesday
Start Time: 10:20 AM
End Time: 10:50 AM
Weather:
Recorder:
Sunny
HW
,^,-tra n"'!.J)J
City of Rohnert Park
Engineering and Traffic Survey
Street: Country Club Drive
From: Golf Course Drive
To: Rohnert Park Expressway
Posted Limit:
Width:
Lanes:
Configuration:
Parking:
Bike Lanes:
Sidewalks:
Land Use:
Character:
Terrain:
25 mph
60-64 feet
2
Divided
Some restrictil
None
Both sides
Residential
Urban
Flat
Street Conditions
''''''
~
c; ff:
C\ 6 ~
~. ~ ~
> ~ ~
r-' S
"'-<'4
$ ~J.(,,~
"
~
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.,.
<v
-r(~ );l'3tx3G
~ FZ~
~~
~ ~
Ot/BARRY
"
c
"
.lIt.o;....€
rn::eOHA.'-l
0"'1-..",
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............
~
/J.~ ~ i
~
fl --
-" ..
..
~OCJ==
"
i'
~
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~.
~~.
o _.~-<.,.
l:lIN'V'O
o(n:)A~"'110J
./
COiw,..f.R.
SAN BfoNlto
:!~1Nl13
!!! m
.A
, Observations and Evaluation
Volume (ADT): 6,680 vpd Vehicles Sampled:
Segment Length: 1.0 mile 85th Percentile Speed:
Collisions: 7 crashes Mean (50th Percentile) Speed:
Evaluation Period: 2 years Pace: 23 to
Collision Rate: 1.44 clmvm (collisions per million vehicle miles) Percent in Pace:
Statewide Average Rate: 3.05 clmvm
127
33 mph
28 mph
33 mph
78.7%
Conditions Not Readily Apparent to the Driver:
(Additional details provided on the next sheet.)
None
Conclusions and Recommendations
This segment of Country Club Drive has a wide center median devoid of buildings, and few intersections. The
street provides direct access to single family residences along both sides of the street. It also provides an important
north-south connection on the east side of Rohnert Park, especially attractive to bicyclists residing in the area
though there are no bicycle facilities. With an 85th percentile speed of 33 mph, the nearest 5 mph increment is 35
mph. However, a 30 mph posted speed limit is determined to be reasonable and appropriate for this street
segment, in consideration of bicyclist safety and in accordance with the provisions of Sections 627,22357,22358,
and 40802 of the California Vehicle Code.
30 mph
Recommended
Speed Limit
~
)":~
rin Jenkins, City Engineer
October 19, 2011
Date
,^,-tran'?J1
To: Rohnert Park Expressway
Street: Country Club Drive
From: Golf Course Drive
Speed Profile
-0
Q)
-0
.....
o
()
Q)
0:::
18
16
14
12
10
8
6
4
2
o
.....
Q)
.0
E
:J
Z
,,<1)
"),"
~
"),~
~
~
Speed
f':J"
f':Jf':J
f':J~
4-
I!!l Northbound
IJSouthbound
II Total
Cumulative Speed Profile
Date Data Collected:
Day of the Week:
9/21/11
Wednesday
Start Time: 11 :20 AM
End Time: 12:17 PM
Weather;
Recorder:
Sunny
OM
,c
i,
,^,-tra n"!JJ1
Street: Country Club Drive
City of Rohnert Park
Engineering and Traffic Survey
From: Rohnert Park Expressway To: Southwest Boulevard
Posted Limit:
Width:
Lanes:
Configuration:
Parking:
Bike Lanes:
Sidewalks:
Land Use:
Character:
Terrain:
25 mph
40 feet
2
Undivided
Both sides
Both sides
Both sides
Residential
Urban
Flat
Street Conditions
\.
'"
'"
,rY
R'
/'
b~
'Y ,~ *
<:~:.,.~~~?..'S~~'
-1"*;- ~i
~ ~
>. ~t~
s ~
<;
;;.
N'Z~
""~!;rl;N
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9 ~
s ~
~ ~
~ F.
~~l:l'O^"
'"'{.~,
~~ f;
~
~
<,
,.
~.
!?
jJ
<i
'lI
C:R:r~>;;\-VOOfJ
Observations and Evaluation
Volume (ADT): 6,700 vpd Vehicles Sampled:
Segment Length: 0.48 miles 85th Percentile Speed:
Collisions: 7 crashes Mean (50th Percentile) Speed:
Evaluation Period: 2 years Pace: 24 to
Collision Rate: 2.98 clmvm (collisions per million vehicle miles) Percent in Pace:
Statewide Average Rate: 3.05 c/mvm
116
33 mph
29 mph
34 mph
87.1%
(Additional details provided on the next sheet.)
Conditions Not Readily Apparent to the Driver:
The adjacent speed zone to the north is posted 25 mph and drivers may not be awae of the importance of
consistent speed zones on this city collector street.
Conclusions and Recommendations
County Club Drive in this segment provides direct access to numerous residences, and it provides a significant
north-south connection across Rohnert Park. The posted speed limit to the north should be considered together
with this segment's posted speed in determining overall corridor safety. With an 85th percentile speed of 33 mph
on this segment, the nearest 5 mph increment is 35 mph. A 30 mph posted speed would be appropriate in
consideration of adjacent speed zoning, and in accordance with the provisions of Sections 627,22357,22358 and
40802 of the California Vehicle Code.
r 30mph
Recommended
Speed Limit
October 19, 2011
Date
/Y\~
Mary Jo Yung, P.E.
~J.i--':)~' ,
' Da Je I , I Y nglneer
,^,-tran?J)J
Street: Country Club Drive
From: Rohnert Park Expressway To: Southwest Boulevard
..,
'~':~i"fJ~F::.. _ _, . ;.._J,
- -"', >4:,:\',- -- ,;,_:,.:,-_<~:;.--,: .-'
"",Siff1iJ.C.
Speed Profile
16
"U 14
Q)
"U
..... 12
0
u
Q) 10
0::
..... 8
Q)
.D
E 6
:J
Z 4
2
0
,,~ ")," ')..f':J ~ rC' "),~ f':J" f':Jf':J f':J~ ~
Speed
II Northbound
E1Southbound
. Total
Cumulative Speed Profile
100.0
90.0
80.0
70.0
.-
~ 60.0
e 50.0
Q)
0.. 40.0
30.0
20.0
10.0
0.0
~ ~ .~ ~ ~ ~ ~ t>? ~ ~
Speed
Date Data Collected:
Day of the Week:
10/12/11
Wednesday
Start Time: 9:35 AM
End Time: 10:06 AM
Weather:
Recorder:
Sunny
WC
'N- tra n "!J)1
ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK
DECLARING PRIMA FACIE SPEED LIMITS BY AMENDING
SECTION 10.20.010 ("STATE SPEED LIMITS-INAPPROPRIATE") OF
CHAPTER 10.20 ("SPECIAL SPEED ZONES")
OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, regulation of vehicle speed is dictated by the California Vehicle
Code (CVC);
WHEREAS, CVC states that local speed limits must be set by ordinance;
WHEREAS, the CVC allows cities to set speed limits within their jurisdiction
provided that the speed limits are set using an "engineering and traffic survey"; and
WHEREAS, Whitlock & Weinberger (W - Trans) performed the engineering and
traffic surveys on Adrian Drive, Arlen Drive, Bodway Parkway, Business Park Drive,
Camino Colegio, Commerce Boulevard, Commerce Boulevard, East Cotati Avenue, Golf
Course Drive, Golf Course Drive, Labath A venue, Redwood Drive, Snyder Lane,
Southwest Boulevard, State Farm Drive, and Country Club Drive, and provided their
findings.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain
as follows:
SECTION 1. Section 10.20.010 of the Rohnert Park Municipal Code is hereby
amended in its entirety to read as follows:
"10.20.010 - State speed limits-Inappropriate.
It is determined upon the basis of an engineering and traffic investigation that the
speed permitted by state law upon the following streets is inappropriate for the safe
operation of vehicles thereon. It is declared that the prima facie speed limit on the
streets or portions of streets, hereinafter designated, to facilitate the orderly
movement of traffic and which has been found to be reasonable and safe, after the
installation of appropriate signs giving notice thereof, shall be:
Declared Prima
Name of Street or Portion of Street Facie Speed
Limit
All of Adrian Drive 25 m.p.h.
All of Arlen Drive 25 m.p.h.
Bodway Parkway from Magnolia Avenue 30 m.p.h.
to East Cotati Avenue
Business Park Drive from Redwood 40 m.p.h.
Drive to Labath Avenue
1
Camino Colegio from East Cotati A venue 35 m.p.h.
to Bodway Parkway
Commerce Boulevard from Golf Course 40 m.p.h.
Drive to A vram Avenue
Commerce Boulevard from A vram 35 m.p.h.
A venue to Southwest Boulevard
Country Club Drive from Golf Course 30 m.p.h.
Drive to Rohnert Park Expressway
Country Club Drive from Rohnert Park 30 m.p.h.
Expressway to Southwest Boulevard
All of East Cotati A venue within Rohnert 35 m.p.h.
Park city limits
All of Enterprise Drive 30 m.p.h.
Golf Course Drive from Commerce 40 m.p.h.
Boulevard to Country Club Drive
Golf Course Drive from Country Club 35 m.p.h.
Drive to Snyder Lane
Labath A venue from Business Park Drive 35 m.p.h.
to Rohnert Park Expressway
Redwood Drive from Dowdell A venue to 40 m.p.h.
Willis Road
Redwood Drive from Willis Road to City 40 m.p.h.
Limits South
Rohnert Park Expressway lying west of 40 m.p.h.
Redwood Drive
Rohnert Park Expresssway between 35 m.p.h.
Redwood Drive and Commerce Drive
Rohnert Park Expressway from 35 m.p.h.
Commerce to State Farm
Rohnert Park Expressway from State 40 m.p.h.
Farm to Country Club Drive
Rohnert Park Expressway from Country 45 m.p.h.
Club Drive to Snyder
Rohnert Park Expressway from, Snyder to 45 m.p.h.
Petaluma Hill Road
All of Seed Farm Drive 30 m.p.h.
Snyder Lane from Heritage Lane to 35 m.p.h.
Eleanor Avenue
Snyder Lane from Hinebaugh Creek to 35 m.p.h.
East Cotati Avenue
Southwest Boulevard from Commerce 35 m.p.h.
Boulevard to Snyder Lane
State Farm Drive from Professional 35 m.p.h.
Center Drive to Rohnert Park
Expressway
State Farm Drive from Professional 30 m.p.h."
Center Drive to Commerce Boulevard
SECTION 2. Repeal of Conflicting Ordinances. All former Ordinances or parts thereof
conflicting or inconsistent with the provisions of this Ordinance or of the Code hereby
adopted are thereby repealed.
2
SECTI9N 3. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
should have adopted the Ordinance and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more sections subsections,
sentences, clauses or phrases be declared unconstitutional.
SECTION 4. Effective Date. This Ordinance shall be in full force and effective thirty
(30) days after its adoption and shall be published and posted as required by law.
This ordinance was introduced by the Council of the City of Rohnert Park on November
22, 2011, and was adopted on , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
3
I
Agenda Packet Preparation TIMELlNES for Regular City Council Meetings
held on the 2nd & 41h Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via em ail for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas postedldistributedlmailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008-] 73
{This section/or City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 12
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,2011
Department:
Community Selvices
Submitted By:
Guy lVuller, Community Selvices
Submittal Date:
November 16, 2011
Agenda (Subjcd Only) Title:
50th Anniversary Public Art Commission Request
Requested Council Action: Approve the Cultural Arts Commission request to 1) approve the commission
of the artwork, 2) approve the location of the art installation, 3) approve the sales and placement of
commemorative bricks and 3) approve the use of in-kind labor to prepare the site for the installation of the
art and placement of the bricks.
RECOMMENDATION
Staff recommends that City Council approve the sales of bricks to raise money to fund the commission of a
piece of public art to be placed in the City Center Plaza.
BACKGROUND
Rohnert Park incorporated as a city on August 28th, 1962 and will celebrate its 50th Anniversary next summer.
The 50lh Anniversary celebration takes place on Saturday, September 15, 2012; festivities include a parade and
festival and possibly fireworks. Additional events and programs will also take place leading up to the actual
celebration.
SUMMARY
At their meeting of September 16, 2011, the Rohnert Park Cultural Arts Commission voted to explore the
commission of a piece of public art to be placed at a visible location to commemorate the City's 50th
j\nniversary. The concept is to sell commemorative engraved bricks, and raffle off a scale model of the
artwork to raise funds to pay for the artwork.
Commission of Public Art Piece
The Commission met with a local artist, Mr. Patrick Amiot, to discuss the creation of a work of art to honor
our 50th Anniversary. Mr. Amiot is a popular local artist whose creations are well lmown in the area. Many can
be seen along the streets, businesses and schools of Sebastopol. His works are whimsical and use recycled
materials for his medium. Mr. Amiot has agreed to work with the Commission on the creation of a piece
honoring the 50lh Anniversary and is willing to assist with the fundraising efforts. He has worked with local
schools in the creation of his art and has donated thousands of dollars to the schools through the sales of
calendars featuring his work. Mr. Amiot has a desire to make the commissioned work a strong visual icon for
Rohnert Park. The estimated cost of the art is expected to be $20,000-25,000.
The desired location for the art is on the west corner ofLynn Conde Lane and Rohnert Park Expressway
near the library. This location offers an unobstructed 180 degree view of the art and is visible by thousands
driving or walking by. The art will sit on a concrete base and be lighted at night. It will be approximately 15
feet in height and 25 feet in length.
Donation of Scale Replica of Artwork
Mr. Amiot has agreed to donate a scale replica of the artwork commissioned for Rohnert Park to assist in the
fund-raising campaign. The replica can be offered through an "opportunity drawing" with tickets sold by the
Cultural Arts Commission and others. All monies raised will be used to pay for the art.
Commemorative Brick Program
The selling of engraved commemorative bricks is a common method for raising funds for various projects.
The bricks will not only provide a means to raise funds for this project but will also provides a long-term
personal memorial for the 50th Anniversary. Engraved bricks would be offered for sale to RP residents and
businesses. The bricks would be custom engraved with a personal message consisting of two to three lines.
The city currently offers a similar program in a location at Roberts Lake.
The site recommended for the bricks is located at the City Center Plaza in an area to the west of the main
plaza between the large concrete steps (see map). The area where the bricks will be installed is currently
composed of loose decomposed granite landscaping material. The bricks will be easily installed with or
without mortar in this location. The details on how the program will be marketed and funds collected will be
worked out in detail at a later date.
Financial Impacts
Public \Vorks staff will provide in-kind labor to clear the area where the art is to be placed and provide a flat
surface. Additionally, electrical conduit and wiring will be run to the site from the closest electrical source.
The engineering department will be consulted to make sure the installation is safe and adheres to all local
codes. The total cost of the installation is estimated not to exceed $3,500.
Public \Vorks staff will also provide necessary labor to install the commemorative bricks in the desired
location. The bricks will be installed in batches to reduce the labor costs. These costs can be included in the
fees charged for the bricks and reimbursed back to the city. All other costs will be covered by the Cultural
Arts Commission through their fundraising efforts.
RECOMMENDATION
It is recommended that City Council 1) approve the commission of the artwork, 2) approve the location of
the art installation, 3) approve the sales and placement of commemorative bricks and 3) approve the use of
in-kind labor to prepare the site for the installation of the art and placement of the bricks.
Enclosures:
1. Map illustrating proposed brick and art installation location
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(X) Regular Item
Per City Manager's review and direction for distribution of this agenda item.
(Revised 031309) JH:TG-S:05-b
Agenda Packet Preparation TlMELINES for Regular City Council Meetings {This sectionfor City Clerk Use Only}
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no 11/22/11 City Council Agenda
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization", ITEM NO. 13
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets RESOLUTION NO. 2011-114
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008-173
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,2011
Depmiment:
Finance
Submitted By:
Submittal Date:
Sandy Lipitz, Director of Administrative Services
November 16,2011
Agenda Title:
Authorization of an Interfund Loan from the Traffic Signal Fund to the
General Fund
Requested Council Action: Authorize loan
Summary:
Due to the passage of the "Triple Flip" by the State several years ago as a mechanism to balance their
budget, the City receives a large pOliion ofthe sales tax and motor vehicle in-lieu fee with the property
tax installments - the first installment in December and the second installment in ApriL This timing of
revenue has impacted cash flow in prior years; however, the City had sufficient unrestricted reserves to
bridge the gap. Although the City has significantly closed the General Fund structural gap in Fiscal Year
2012, the City continues to draw down cash, especially during the first five and a half months of the fiscal
year until the property tax and triple flip money is received.
Based on financial projections, itis anticipated that the City's General Fund will require a short-term
borrowing to meet its financial obligations. The net projected cash shortfall for November is
approximately $700,000 and the net projected cash surplus for December is $2.6 million. In order to
meet the expenditure obligations, staff is proposing a short-term interfund loan from the Traffic Signal
Fund for an amount not to exceed $1.5 million. Borrowing from this fund is authorized by California
Constitution Article XVI Section 6, which provides for the temporary transfer of funds for meeting the
obligations incurred for maintenance purposes by any local agency. Interest on the short-term loan will
he at the current Local Agency Investment Fund (LAIF) rate. Principal and accrued interest shall be
repaid within sixty days from the date of the loan upon receipt of the property tax and "triple flip"
payments, estimated at approximately $3 million.
Enclosures: Resolution
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDA nON: ( ) Consent Item (X) Regular Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Per City Manager's review and direction for distribution of this agenda item.
(Revised 031309) JH:TG-S:05-b
RESOLUTION NO. 2011-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING A SHORT-TERM INTERFUND LOAN FROM THE TRAFFIC
SIGNAL FUND TO THE GENERAL FUND
WHEREAS, due to the State's fiscal crisis, the State implemented a mechanism known
as the "Triple Flip" to swap sales tax and motor vehicle in-lieu fees for property tax in order to
balance their budget; and
WHEREAS, the "Triple Flip" hindered the City's cash flow by changing the timing of
the sales tax and motor vehicle in-lieu tax from monthly payments to two installments - one in
December and one in April, combined with the property tax payments; and
WHEREAS, the City had sufficient umestricted reserves to bridge this gap in prior
years, but has been drawing down reserves to address the annual structural deficits; and
WHEREAS, the City has significantly closed the structural gap in Fiscal Year 2012, but
no longer has sufficient reserves to bridge the cash flow shortfall created by the "Triple Flip";
and
WHEREAS, California Constitution Article XVI Section 6, authorizes the temporary
transfer of funds for meeting the obligations incurred for maintenance purposes by any local
agency; and
WHEREAS, the Traffic Signal Fund has available cash for a short-term borrowing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the borrowing from the Traffic Signal Fund of an
amount not to exceed $1.5 million. Interest will accrue at the current Local Agency Investment
Fund (LAIF) rate and principal plus accrued interest will be repaid within sixty days of the
transfer date.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to make the interfund loan in an amount not to exceed $1.5 million.
DULY AND REGULARLY ADOPTED this 22nd day of November, 2011.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
MEETING DATE:
DEP ARTMENT:
SUBMITTED BY:
PREPARED BY:
AGENDA TITLE:
ITEM NO. 14
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
November 22, 2011
Finance Dept.
Gabriel A. Gonzalez, City Manager
Shannon Peterson, Accounting Specialist
Bi- Weekly Pay-Cycle Conversion
RECOMMENDED ACTION
Authorize the City Manager to:
1. Allow for employees to "sell back" maximum eighty (80) hours of annual leave; and
2. Enter into agreements with employees to obtain payroll cash advances equivalent to an eighty
(80) hour pay period to alleviate potential hardship due to, adoption of a retroactive biweekly pay
cycle effective January 2012.
BACKGROUND
Effective January 1, 2012, the City of Rohnert Park plans to transition from a semi-monthly pay cycle to a
bi-weekly pay cycle. A semi-monthly pay cycle means employees are paid twice a month and receive 24
paychecks per year. A bi-weekly pay cycle means employees are paid every two weeks and receive 26
paychecks per year.
In addition to changing pay cycles, we will also be changing from being paid in advance to being paid in
arrears. This means employees will work a two-week work period and then receive a paycheck two
weeks after the work period is completed. Our current semi-monthly pay cycle requires the City to
process the payroll prior to the time actually being worked.
ANALYSIS
Several important objectives will be met with this new system. First, the City will more effectively be
able to demonstrate compliance with state and federal pay regulations. Because all time worked and
leave used will be fully documented on a timecard each pay period BEFORE pay is calculated, all factors
affecting pay can be properly accounted for prior to production of a completely accurate paycheck.
Second, administrative investment for payroll production will be reduced as no follow-up reconciliation
between what was paid for and what was actually worked will be required. As the City has only one staff
member providing payroll services for all employees, it is critical to streamline this work as much as
possible.
1
ITEM NO. 14
Pay Dates:
Instead of being paid twice a month, employees will be paid every other Friday. If a pay date falls on a
Holiday, employees will be paid on Thursday. Instead of receiving 24 pay checks a year, employees will
now receive 26.
This transition will begin January 1, 2012
December 29,2011 -
Last semi-monthly paycheck includes all straight time hours worked through
December 31, 2011.
January 13,2012-
First bi-weekly paycheck and will cover January 1 st - January 8th. This
paycheck will be for one week.
January 27,2012-
Second bi-weekly paycheck and will cover January 9th - January 15th. This pay
check will also be for one week.
February 10,2012-
Third bi-weekly paycheck and will cover January 16th - January 29th. This
along with all future checks will be for two weeks.
OPTIONS CONSIDERED
In order to assist with any hardships, there are a few options available:
· Cashing out accrued annual leave time (up to 80 hours) can be paid on one or split between both
January paychecks.
· Receiving an "Advanced Payment" of up to 80 hours; this can be paid On one or split between both
January paychecks. This will be required to be paid back by June 30, 2013 and can be paid in one
of two ways:
./ Can be paid back by deducting the pay for a specific amount of hours per paycheck, Le. eight
hours per paycheck for 10 pay periods.
./ Can be paid back by exchanging accrued annual leave for "Advanced Payment" hours. We
request a minimum of 20 hours to be exchanged each time the payback transaction occurs.
FISCAL IMPACTIFUNDING SOURCE
N/A
Attachments:
Annual Leave Cashout
Department Head Approval: November 17, 2011
City Manager Approval:
November 17, 2011
City Attorney Approval:
November 17,2011
2
Biweekly Pay Cycle Transition Options
If applicable, please select one of the following options and return to Shannon Peterson
in Payroll by Monday. December 19. 2011.
Options:
1.) Cashing out accrued annual leave up to 80 hours. This may be paid on one or split
between both January paychecks.
I would like to cash out
accrued Annual Leave hours on January 13, 2012
I would like to cash out
accrued Annual Leave hours on January 27, 2012
2.) Receiving an "Advanced Payment" up to 80 hours. This may be received on one or
split between both January paychecks.
This will be required to be paid back by June 30, 2013 in accordance with the Biweekly
Pay Cycle Transition payback options provided. Upon termination of employment of
the City for any reason, any remaining amount to be paid to the City under this
agreement shall become due and payable immediately. Employee hereby authorizes
the City to withhold from his/her final pay, including vacation payoff, any amount
remaining under this Agreement. If sufficient funds are not available on final paycheck,
the balance due will be set up on a payment schedule with billing on a monthly basis.
I would like receive an "Advanced Payment" of
hours on January 13, 2012
I would like receive an "Advanced Payment" of
hours on January 27,2012
Name
Date
Signature
I
Agenda Packet Preparation TIMELlNES for Regular City Council Meetings
held on the 2nd & 41hTuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to
Assistant City Attorney via email for review and approval as to tonn DUE no later than NOON Three
(3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timcframe of Assistant City Attorney review, and an email copy to the City
Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets
single-sided & ] 8 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays
prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than
Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday
afternoon One (1) week prior to Council meeting date in compliance with Rohncrt Park Municipal
Code Section 2.08.020 and related Resolution No. 2008- I 73
{This section for City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 15
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
November 22,2011
Department:
Administration
Submitted By:
Submittal Date:
Terri Griffin, City Clerk
November 14,2011
Agenda Title:
Cultural Arts Commission Appointment
Requested Council Action: Consider nomination for and appointment to vacancy on the Cultural
Arts Commission
BACKGROUND
The Cultural Arts Commission has been established to encourage and develop programs among
community groups for the cultural enrichment of Rohnert Park. As stated in Rohnert Park Municipal
Code section 2.24.030, preferences in the selection of Cultural Alis Commission members are given
where possible to persons of acknowledged accomplishment in the professional practice' of the arts or to
persons who have demonstrated a deep interest in and appreciation of cultural and artistic activities.
Each member of the City Council is allowed to nominate one individual for appointment to the Cultural
Alis Commission. Each person nominated must receive a majority vote ofthe City Council to be
appointed. Currently, one vacancy exists on the Commission:
Vacancy date
12/31/2010
Expired term (Michael Randolph) Council Member Ahanotu
The City Clerk's Office has distributed and posted notices of this vacancy since January 201 1.
On November 7,2011, the City Clerk's Office received the attached Fact Sheet Application from Susan
Wandling seeking appointment to the Cultural Arts Commission.
RECOMMENDATION:
Staff recommends the Council consider the nomination and appointment of Susan Wandling to the
Cultural Arts Commission for the remainder of a two-year term to expire December 31, 2012.
Attachment:
1. Fact Sheet Application from Susan Wandling
CITY ATTORNEY'S REVJEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
( ) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(X) Regular Time
CITY OF ROHNERT PARK. 130 Avram Avenue. Rohnert Park, CA. 94928
PHONE: (707) 588-2227 FAX: (707) 792-1876 EMAIL: tqriffin@rpcity.orq
To which Commission, Board, or Committee do you seek Appointment?
['LLlfurcLl Ifrf [
Name: S U-<,GJL LJIlAd.-lil;]
Address: 70S-0 .xJQ.Unl.l.SSeA ~ ( f:.(J ~~q~8
Work phone: 707- (9(04 -31 J-;).. Fax.: 107 -(we..;.. .52'77 Cell:
E-mail:' o{J..J().JLa liIL8 6) ~kvt..l6rd C(( LUJlLtu'. art
FACT SHEET FOR CITY COUNCIL APPOINTMENTS TO COMMISSIONS, BOARDS OR COMMITTEES
ROHNERT PARK
NOV - 7 2011
Residence Telephone:
qIT1.q.~~~ u(aR
'[6 ry - L{ R 3 -/ azCsJ
Indicate e;:lsons for your Interest in Appointment:
~.'. '(;).
GJi.de
Are you 18 or over? Yes: L No:----,- '
Are you registered to vote in Rohnert Park? Yes: Y
No:
What year did you became a Rohnert Park Resident: I q q 7
Employer: ~fOA(,)IhU 0.-fo.....fe- ~}€Jst:+y
Address: Igor E. @O+Cl+; AI/e. / (Jduter(!lrk q49~;
Type of Business: .sro..+e U~€f ed r
Spec;!;cWo,kPe"mmed: bir(>dor I fITS 'J.~;fft ~ <~~ '16
0--0. T 4GJ - .A-~ov--.e ~ ~J-L
Do you have a High School Diploma? ~ ~I fJ~-h;:e0_:~ry" OPfJr-fS.
Other Degrees, Awards, etc. (j -It.,' U ~ g'€.r1<<-/~ fvt. Ii- - 8fctJe+Orut
~b ~
$; lure' ~
16/ ()y If{
Date
PLEASERETURN TO CITY CLERK'S OFFICE: 130 Avram Avenue, Rohner! Park. CA 94928
(Form approved by City CounciI1/7!03)
M:\Commission-Committee-Board Appointments\Fonns\FACT SHEET-DOC
11/22/11 City Council Agenda
Item No. 17.B.1
MA
D
p
ADVISORY G
November 17, 2011
3:00 pm - 5:00 pm
Note Location: Sonoma County Water Agency
404 Aviation Blvd
Santa CA 95403
1. Call to Order 3:00
2. Introductions and Chair Report 5 min.
3. Receive and Adopt August 15, 2011 Minutes 5 min. Discussionl Action
4. Charts on Regional Waste System Planning 10 min. Informational
(Staff)
5. Update on JPA Activities of Interest 10 min. Informational
(Steve Barbose)
6. Status Report on Central Landfill Permit 10 min. Discussionl Action
(Staff)
7. Status Report on Independent Consultant's Analysis 10 min. Discussionl Action
(Staff)
8. Report from the T AC (Phil Demery) 40 min Informational
9. Public Comments on Items not the Agenda 10 min. Discussion/Action
10. Confirm Future Meeting Schedule 10 min.
11. Adjourn 5:00
PUBLIC COMMENT:
Cioverdaie
Cotati
Healdsl::wrg
Petal lima
Rohnert Park
Santa Rosa
Sebastopol
Sonoma
Windsor
County of
Sonoma
Any member of the audience desiring to address the Group on a matter on the agenda:
Please walk to the podium and after receiving recognition from the Chair, state your
name and make your comments. In order that all interested paIiies have an opportunity
to speak, please be brief and limit your comments to the subject under discussion. Each
person is usually granted 3 minutes to speak; time limitations are at the discretion of the
Chair.
DISABLED ACCOMMODATION: If you have a disability which requires an
accommodation, an alternative format, or requires another person to assist you while
attending this meeting, please contact the Clerk of the Board at (707) 565-2241, as soon
as possible to ensure arrangements for accommodation.
Sonoma County/City Solid 'Vaste Advisory Group
C/O County of Sonoma Department of Transportation and Public Works
2300 County Center Drive, Suite B 100
Santa Rosa, California 95403
Phone: (707) 565-2231 Fax: (707) 565-2620
http:// su pervisors. son orna -co u n ty. 0 rg/boardsan cleo mmi s s ions. asp x
11/22/11 City Council Agenda
Item No. 17
COUNCIL COMMUNICATIONS
November 22, 2011 Meeting
Lidster. Beth
From:
Sent:
To:
Subject:
apsley58@comcast.net
Wednesday, November 09, 2011 8:52 AM
Admin
business to invite into our city
I would like to make a suggestion about inviting Trader Joe's to come into Rohnert Park. The old Roger Wilco
site would be a great location.
With all the uproar that Cotati is having with Oliver's, this would be a great time to bring in the Trader Joe's.
We citizens of Rohnert Park have to drive to either Santa Rosa or Petaluma to shop at one. I think we deserve
one in our own city.
Please consider this. Pauline Lazzarini
1