Loading...
HomeMy WebLinkAboutStaff Report 5.A 12/21/2009CITY OF PETALUMA, CALIFORNIA .~ 1~GENDA II:L December 21, 2009 Agenda `T'itle: Discussion and Introduction (First Reading) of an Ordinance Meeting Date: Dec. 21, 2009 - - Conditonally Approving Assignment of the Franchise Agreement Between I the City of Petaluma and GreenWaste Recovery (GWR), Inc. for Solid Meetin _ Time: 7:.00 PM Waste; Recyclab'l'e Materials and Yard Trimmings Services to Petaluma .Refuse and Recycling, Incorporated, an Affiliate of The Ratio Group of Companies, Inc., and Authorizing City 1Vlanager to Execute a Second Amendment to the Franchise Agreement upon Satisfaction of the Conditions Precedent Contained in the Ordinance Category: ^ Presentation ^ App ntments ^ Consent ^ Public Hearing, ^ Unfinished Business ®New Business Department: Dire 'tor: Contact Person: Phone Number: Public Works Vin nt arengo Vincent. Marengo 778-4593 , r Total Cost of Proposal or Project: $l 9;925 Name. of Fund: PW Admin. Account Number: 1100.16100.41320 Amount Budgeted: $109,925 paid for by GWR, as required by the Franchise Agreement Current Account Balance: $846,464 Recommendation: It is recommended that the City Council take the fol-owing action: ~ - Approve introduction of an ordinance conditionally .approving assignment of the Franchise Agreement between the City of Petaluma and GreenWaste Recovery (GWR), Inc. for Solid Waste; Recyclable Materials and Yard Trimmings Services to Petaluma Refuse and Recycling, Incorporated, an affiliate of The Ratto Group of Companies,. Inc., and authorizing City Manager to execute a Second Amendment to the Franchise Agreement upon satisfaction of the. conditions precedent contained in the ordinance. 1. ^ First reading of Ordinance .approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been pubiished/posted prior to second reading; see Attachment 3. ^ Other action requiring special notice: Notice has been given, see Attachment Summary Statement: On February 24, 2009 GreenWaste Recovery, Inc. requested that the City assign their Franchise Agreement for ` solid waste, recyclable materials and yard trimmings services to The Ratto Group of Companies, Inc. (Assignee). Since. that time, staff has been investigating and negotiating the terms of the proposed assignment, and recommends that the Assignee be offered-the terms contained in the proposed Second Amendment to ahe' Agreement (Exhibit A to Ordinance). Attachments to Agenda Packet Item: 1. Ordinance, including Exhibit A to Ordinance, Second Amendment to 2005 GreenWaste Recovery, Inc. Franchise: Agreement, and Exhibits D-1, J-1, and B-1 to Agreement 2. September 1,3,..2005 Franchise Agreement between the City of Petaluma and GreenWaste Recovery, Inc. (available in Ci y Clerk's office and through the City's website: http://cityofpetaluma.net/) ~, Reviewed by Finance Director.: ,Reviewed b ~C• Attorne A rovedeb - ' ana er: ~ Date: ~~ - ~/ ' ~~ Dafe: '' ~' ~ ~ ~~ ~ Date: ~ ~ -~~~ Rev. # Date Last .Revised: File: s:,ua,~•Ll~,n,t~:~ra;m Folact'Agcnclt, hens.cnccnU'"~ !' 3 ~^~ (° ~c~.. n' \ tumi.; t to KE:D'.i\ 7ccruber Council P,rc1. t ' . \.~ri 't (hd-Amendtncm 4 J i I ( ' O i - ~ ~ ntctt nmtx . niuu x ri nti;~sie ~f1 A1.. 113 rcl ~c~ !t 1 I I ~lr-r)4 i i i ^ '` n a~_ument UC>l CI'T'Y OF PETAI,UMA, :CALIFORNIA DECEIVIBER.21, 2~~9 AGENDA REPORT FOR DISCUSSION AND INTRODUCTION (FIRST READING) OF AN ORDINANCE CONDITIONALLY APPROVING ASSIGNMENT OF THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PETALUMA AND GREENWASTE RECOVERY (GWR), INC. FOR SOLID WASTE, RECYCLABLE MATERIALS AND YARD TRIMMINGS SERVICES TO PETALUMA REFUSE AND RECYCLING, INCORPORATED, AN AFFILIATE OF THE RATTO GROUP OF COMPANIES, INC., AND AUTHORIZING CITY 1VIANAGER TO EXECUTE A SECOND AMENDMENT TO THE FRANCHISE AGREEMENT UPON SATISFACTION OF THE CONDITIONS PRECEDENT CONTAINED IN THE ORDINANCE RECOMMENDATION: Approve introduction of an ordinance conditionally approving assignment of the Franchise Agreement between the City of Petaluma and GreenWaste Recovery (GWR), Inc. for Solid Waste, Recyclable Materials and Yard Trimmings Services to Petaluma Refuse and Recycling, Incorporated, an affiliate of The Ratto Group of Companies, Inc., and authorizing City Manager to execute a Second Amendment to the Franchise Agreement upon satisfaction of the conditions precedent contained in the ordinance. 2. BACKGROUND: GWR Operations GWR commenced services on January 1, 2006 after a competitive selection process. GWR's performance has been satisfactory without the assessment of liquidated damages, significant customer complaints, or unexpected. or dramatic rate adjustments. GWR management has been responsive to staff requests and reasonable in its interpretation of the terms and conditions of the Agreement. City' Ri~hts_and Obligations Section 16.6 of the Agreement states, "If Contractor requests City's consideration of and consent to an assignment, the City may deny or approve such request in its sole discretion". This provision gives substantial discretion to the City Council in the assignment of the Agreement. The law allows awarding agencies to exercise reasonable discretion concerning approval of franchise agreement assignment. In transferring a franchise, the City should assure: • The Assignee has, and can reasonably be expected to have, the financial ability to assume the obligations under the agreement; • The Assignee has the operating experience to provide the services required in the Agreement, in compliance with the standards contained in the Agreement and industry standard's; and 2 S. l'i'~~ie R1an.}ge}2irnt Fol¢er.;agenda tie~7~s',.Greenlb'asre Reco~erti`,Assienn~ent to ttt'[3'•.hc~a~emhrr C:ctuncif Packase'slget~da-Orci-Amendment revie~~e(i C:S k'I-;(i-04~,i=[N~AI -aft.t~r~liirmce.Amendment for Greenc~~aste Assinnmem t70(:' ® The. Assignee has a reasonable transition and operating plan that will allow continuity of service and. compliance with the Agreement during the transition period and throughout the term of the Agreement. To assure these concerns were addressed, City staff: ® Retained HF&H Consultants, LLC to assist with the assignment review; ® Met frequently with both GWR and the Assignee to discuss the assignment and its terms; ® Requested and reviewed information provided by the parties; and ® Prepared the attached Second Amendment .to the Agreement. 3. DISCUSSION: Assuming compliance with staff recommendations, the Assignee appears to have the ability to assume the obligations contained in the Agreement, and to provide comparable solid waste operations to the current franchisee. Staff recommends .granting the requested assignment of the Agreement to the Assignee, subject to satisfaction of the conditions contained in the attached ordinance and amendment. Staff believes that the attached ordinance and amendment terms and conditions are: consistent with the City's contractual rights; in the best interest of the City, its residents and businesses; fair to G'WR, the Assignee and the employees; and create. a basis for the Assignee to ensure compliance with the Agreement and provide a high quality of service. The attached Amendment (Exhibit A) is intended to ensure that: 1) The City's rights under the existing Agreement are preserved; 2) the programs, services, facilities and equipment that have been provided to the City's residential and commercial customers by GWR are retained; and, 3) GWR's current employees retain their positions and compensation. The following discusses some of the main objectives behind the assignment ordinance and franchise amendment terms and conditions: - GWR shall pay any amounts due the City. This is intended to assure the City that all payments due the City are current before GWR terminates its relationship with the City. - The Assignee shall demonstrate to the satisfaction of the City that the entity to which the assignment was made has and maintains the financial ability to assume the financial obligations under the Agreement. This is intended to assure the City that the Assignee has and will maintain the financial ability to perform its obligations under the Agreement. This avoids having to manage such obligations through a third party parent company. - In light of all current costs of operations as well as the costs and all other considerations incurred by the Assignee in purchasing the assets used and rights of GWR under the Agreement, the Assignee shall demonstrate to the satisfaction of the City that it can transition and perform the service obligations contained in the Agreement at the current rates without reducing service or requesting increased~compensation. This is intended to assure the City that the Assignee will be able to provide all services in accordance with the standards established in the contract at the rates established by the City. 3 5.,~t,ate.;,~lanagement ~Fgkter~_Agrnda Items'~~Green~4'aste Reco~~er}`•.Assi~rnmem io I2E1~':ho~•ember Council Packa~e`•,Agenda-(~rz1-Amendment rerieu°ed C:A ! 1-3U-fl4~€ E'~ah. AB.t~rdinance..Amendment Ibr Greentiaacte AssignmrnL630C - The Assignee shall provide, without charge, certain services to the City currently provided by GWR, but not required by the Agreement: This is intended to assure the City will continue to receive all the services currently provided by GWR. - The Assignee shall agree to maintain all existing equipment used and useful by GWR for . provision of service under the Agreement and keep that equipment separate from those of the Assignee's operations in the County. The existing equipment (including. spare vehicles and containers) was newly acquired by GWR for provision of service under the Agreement. Its cost has been included in the rates charged the City's residents and businesses. Keeping that equipment separate from those of the Assignee's other operations in the County ensures that the City's customers receive the benefit ofthe equipment they have .paid for. - The Assignee shall retain all existing GWR workers at current levels of compensation and in accordance with existing work rules. This is intended to assure the City that the workers who provide service to the City are treated fairly and that services will continue at a high quality without disruptions. - The Assignee shall demonstrate that it can provide the City information with which to monitor and manage compliance with the Agreement. This is intended to assure the City that it will have the .information required by the Agreement to be collected .and reported by the Assignee., so that the City can monitor and manage the Assignee's- compliance with the Agreement. - In exchange for granting the assignment, the Assignee shall grant certain considerations to the City. The following one-time considerations offset unquantifiable costs that occur during the transition of services. They include: 1) A payment of an additional 1.7% in vehicle impact, fees throughout the term of the Agreement (approximately $175,000 annually) for street maintenance. Such fees shall not be compensated from rates charged customers; 2) Elimination of and no claim to monies that might otherwise be due the franchisee in the reconciliation of revenues for rate period 3 (approximately $350,000); 3) Provision of fall and spring citywide residential cleanups, continuing annually for the duration of the Agreement; and, 4) A future transfer fee of $250,000, should the Assignee request, and the City agree to, assignment of the Agreement to another party. 5) That the City may provide the Assignee less than one year's notice of a change of the Approved Disposal Location where the parties agree to less than one year's notice. 6) That the City and Assignee may agree to extend the term of the Agreement up to an additional 60 months beyond the current expiration date of December 31, 2015 (to December 3.1, 2020) on the same terms and conditions,. based in part on the Assignee's satisfactory performance during its first two years of service, with the City notifying the Assignee of its willingness to extend the agreement not later than December 31, 2015. 4 (',.Cnociimenisand Scttines~spimslei~iLi>cal Settings`•Tempor,~n Internet Files.Comei~t.Ouilook'~.F~'740X',S P11va1,. AB Ordinance amendment for (3reen~easte r1~si~nn~ent t21.DOC - Allotherferms and conditions of the Agreement crre to remain unchanged. This is intended to assure the .City that the remaining terms and conditions of the Agreement that were developed by the City prior to the competitive procurement process., and deemed by the City to be in its best interests, remain in effect. It should be noted that the Assignee has, through ;execution of the attached Amendment, indicated acceptance o~f the terms and conditions detailed in the Ordinance, conditionally assigning the Franchise Agreement to Petaluma Refuse and Recycling, Incorporated, an affiliate of The Ratto Group. The Assignee has indicated a desire to discuss options for future operations that may- result in efficiencies. Staff is prepared to discuss these options, once assignment has. been completed and the Assignee has demonstrated its ability to provide services in accordance with the Agreement at existing rates. Staff believes the conditions° in the proposed Second Amendment are: ® Consistent. with the City's contractual rights; • In the best interest of the City, its residents and businesses; • Fair to GWR, the Assignee and the employees; and • Create a basis for the Assignee to be able to ensure compliance with the Agreement and provision of a high quality of service. For these reasons, Council's approval of the attached documents is respectfully recommended. 4. FINANCIAL IMPACTS: The proposed amendment would not increase rates, other than through existing adjustment mechanisms in the current Agreement. The Agreement represents approximately $65 million ($10 million annually) to the Assignee, subject to satisfaction of the conditions contained in the attached ordinance and amendment. Beyond vehicle impact. fees and reconciliation of revenues due to the City for rate period 3,, neither of which are to be compensated from rates charged customers; revenue to the City is based on a percentage of revenues collected, calculated in accordance with the prevailing' rates, as .outlined in the Agreement. ~. C:ADc?c:uments anzl Settinbsikcrumpl~.oca1 Jetting `~ f'emport~r}~ fntemet i files\Content.QutlooRi~1=:11~3~5(~tF iw~OL AI3 (7rdinance Amendment for Crreen~s~LSte.Assi~nii~entL)UC A`PTACHMENT '~ ORDINANCE NO. N.C.S. CONDITIONALLY APEROVING ASSIGNMENT OFTHE;FRANCHISE AGREEMENT BETWEEN THE CITY OF PE'I'ALUMA ANI) GREENWASTE.RECOVERY (GWR), INC. FOR SOLID WASTE, RECYCLABLE MATERIALS AND YARD TRLMIVIINGS SERVICES TO PETALUMA REFUSE AND RECYCLING, .INCORPORATED, AN AFFILIATE OF THE RATTO GROi1P OF CONYPANIES, INC., AND AU~'I~ORIZING CITY 1VIANAGER TO EXECUTE A SECOND AMENDMENT TO THE FRANCI~ISE AGREEIVIENT UPON SATISFACTION OF THE CONDITIONS PRECEDENT SPECIFIED IN T~IIS ORDINANCE WHEREAS, on September 13, 2005, the City entered into an exclusive Franchise Agreement ("Agreement") with GreenWaste: Recovery, Inc., ("GreenWaste") commencing on January 1, 2006, for collection of solid waste, recyclable materials and yard trimmings, pursuant to Resolution No. 2005-141 N.C.S.; and WHEREAS, On July 6, 2009, the City Council amended the Agreement (the First Amendment) to modify the Rate Periods originally specified in the Agreement and to extend the Term of the Agreement six months to June 30, 2016; and, WHEREAS, on February 24, 2009, GreenWaste requested an assignment of the Franchise Agreement, in accordance with Section 16.6 of the Agreement; to The Ratto Group of Companies, Inc. ; and, WIFIEREAS, Section 16.6 ofthe Agreement requires the City's consent to any assignment of the Agreement to a third party, as defined therein, which includes the sale of GreenWaste's assets dedicated to service under this Agreement; and, WI~EREAS, the City has considered the potential risks associated with such an assignment, including, but not limited to, those discussed in its consultant's. report, and seeks certain assurances regarding the performance of the Franchise following assignment, as provided for. herein, including, but not limited to, creation of a separate legal entity, Petaluma Refuse and Recycling, Incorporated ("Assignee") , to be assigned the Agreement, in consideration of the City's consent to the assignment; and, WHEREAS, the Assignee seeks to assure the City that, following the .sale, Assignee will continue operation. of the Franchise in .accordance with high professional standards and provide services to the City in full compliance with the terms of the Agreement and the City's operational expectations (not limited to but specifically including, the maintenance of separate- operations and financial records; and separate records of all other transactions, except for the allocation of health, liability and workers compensation insurance) .and keep separate from any other franchise agreement or other activity of the Assignee reporting of activities under this Agreement, as well as keep separate identification and use of all assets, including vehicles and containers under this Agreement, as a separate entity from Redwood Empire Disposal or any other affiliate (notwithstanding that these assets may be supplemented with the assets of Assignee and its affiliates), unless specifically approved in writing in advance by the City; and, 6 S. ~~'aate. Manage~neiit Fi~Ider~Agenda 1E. mslCireen~~`as(e Rect~rer}~:As~ignmem io REI~'•,tiovemher Cc~unci! Packa~ze'•.~nenda-Card-Amendment rerie~ced ~:,A ! l-3C~-fi9'tk INAL..Al3.t}rdinance.a~nendmei~t for Greemi'tt~1e ~s~ignment-DpC` WHEREAS, Assignee seeks to assure .the City that the sale will not result in increased costs or a reduction'. in services or the quality of those services provided to the City, its residents, or businesses, or a reduction to the other obligations of Contractor under the. Agreement. NOW THEREFORE >BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1. Conditions Precedent. The following are conditions precedent to assignment of the Agreement to Assignee contemplated pursuant'to this ordinance taking effect: a. Payment of Funds Due City. Assignee shall demonstrate to the satisfaction of the City that all amounts due the City have been paid in full in accordance with the Agreement (principally the Franchise Fee and HHW/AB939 as described in Article I lof the Agreement and Section 16.6 of the Agreement). b. Furnishing of Contractor and Its Independent Certified Public Accountant of Certification of No Material Change 'to Financial Condition. The President of the Ratto Group and its independent Certified Public Accountant shall present to the City a notarized letter certifying under penalty of perjury that there has been no material adverse change to the financial condition of the Ratto Group, since the date of its audited financial statements dated May 27, 2009, supplied to the City, and statement shall be subject to Section 2.7 Contractor's Statements of the Agreement. c. Corporate Status. Assignee shall provide documentation to the satisfaction of the City Manager that it is a corporation duly organized, validly existing and in good standing under the laws of the State of California qualified to transact business in the State and with the power to own its properties and to carry on its business as now owned and operated and as required by the Agreement and applicable law. d. Financial Ability. Assignee shall provide, to the satisfaction of the City Manager, an opening balance sheet presenting the assets, liabilities and owners equity for Petaluma Refuse and Recycling, Incorporated with no "Due To" the Ratto Group or any other affiliate, but instead with "Paid in Capital" demonstrating the adequacy of the capitalization of the Assignee to undertake the financial obligations under the Agreement. e. Statement of Operations. Assignee shall submit, to the satisfaction of the City Manager, a statement of operations and cash flows demonstrating the ability of the Assignee to perform in accordance with the Agreement of the current rates authorized by the City Council. f. .Review of Purchase Agreement. Assignee shall make available for review by the City Manager and/or his agent(s) a copy of the Purchase Agreement with Green Waste Recovery Services in order to ascertain that all assets currently used and useful in the provision of service to the City are included and to review other terms and conditions to confirm the Assignee's representations regarding the cost and any future liabilities associated with the purchase of the franchise from Green Waste Recovery. g. Transition and Ongoing Records Management Plan. Assignee shall deliver to the City a comprehensive and detailed transition and on-going records management plan satisfactory to the City Manager. The Assignee shall compensate the City for its cost of reviewing and monitoring .its implementation of this plan up to $15,000. h. Compensation for Assignment Costs. Assignee shall compensate City for all reasonable costs incurred to determine Assignee's satisfaction of the above items A - G. 7 S. LC ,iSte Manfl~ement FnlderlAgef~da Iren~s`,.Cireentvaste Re~oven".AssiUnmem io RF.~)Ctiorember C«unciE t''acka~~e;agenda-(~rE1-.Amen~znent reviewed {:R. t t-3Ci-69'~:(INA1.. AB.(hdinanc~.:~mendment for C;rcemca~te ~?,ssigmneni.l~OC Section 2: Subject to satisfaction of the conditions precedent specified in Section 1, above, the City Council approves the Second Amendment to the Franchise Agreement between the City of Petaluma and "GreenWaste Recovery, Inc. for Solid Waste; Recyclable Materials, and Yard Trimmings Services, assigning the. Franchise Agreement to Redwood Empire Disposal -Petaluma, an affiliate of the Ratto Group of Companies, Inc., and. authorizes the City Manager to execute on behalf of the City the Second Amendment to the Franchise Agreement and any necessary implementing documents. Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. This ordinance or a synopsis of it shall be posted and/or published for the period and in the manner required by City charter. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. 8 S. ~~'aste ?~4ana~gen~ri~t ht>Ider,Ageiid~~ ltems~.Green1~'~~ste Reco~~er}~`.Assi~=~~me~~i io TZFD':Nc~~~ember Cuuncif Packa~.e'"Jagenda-Ord-AmeE~dn~Ent revietit~ed C;:1 I 1-_ (i-09'~FtNAI_ ;aB.Ordinanie.:~mendmeitt Ibt Greenp~~are ~signmenLi70C EXF$I~IY /4 TO Olt®11VANICE' Second Amendment to Franchise Agreement between the City of`Petaluma and GreenWaste Recovery, Inc. This Second Amendment ("Amendment") to the franchise Agreement between the City of Petaluma ("City"), a charter city, .and GreenWaste Recovery, Inc: for Solid Waste, Recyclable iVlaterials and Yard Trimming Services, dated September 13, 2005 ("Agreement') is made on the of , 2009 ("Amendment Effective Date") by and between the City and Petaluma Refuse and Recycling, Incorporated, an affiliate of The. Ratio Group of Companies, Inc. ("Contractor"), assignee of •GreenWaste. Recovery., Jnc., a Subchapter S corporation organized and operating under the laws of the State of California. City and Contractor are collectively referred to as the "Parties:" RECITALS This Agreement is entered into on flee basis of the following,facts, understandings and intentions of the Parties. WHEREAS, ou August 22, 2005, the City Council of the .City of Petaluma adopted Resolution No. 2005-147 N.CS: authorizing the Agreement between the City and GreenWaste Recovery, ]nc. a California corporation ("GreenWaste"); a~ld. WHEREAS, on September 13, 2005 the City and GreenWaste entered into the Agreement establishing an exclusive right to collect, transport, and process solid waste, recyclable materials, and yard trimmings generated within the City; and, WHEREAS, on July 6. .2009, the City Council amended the Agreement (the I=irst .Amendment) to modify the Rate Periods originally specified in the Agreement; and, WI-IIREAS, on February 2d, 2008, GreenWaste requested an assignment of the Franchise Agreement,. in accorda~ice with- Section 16.6 of the Agreement, to Contractor; and. WHEREAS, Section l 6:6 of'the Agreement requires the City's consent to any assignment of the Agreement as defined therein, including the sale of GreenWaste's assets dedicated to service under the Agreement.. to a third party: and, WHEREAS, the City has considered the potential risks associated with such an assignment, including, but not limited to, those discussed in its consultant's report. and seeks certain assurances regarding the performance of Contractor, as provided for herein, in consideration of the City's consent to the assigmrent and, WHEREAS, the Contractor seeks to assure the City that, following the sale, Contractor will continue. operation of the Franchise in accordance with high professional standards, and provide services to the City in full compliance with the terms of the Agreement and the City's operational expectations (not limited to, but specifically including, the maintenance ol~ separate operations and financial records, and separate records of all other transactions (except for the allocation of health, liability and workers compensation insurance), and keeping separate from any other franchise agreement or other activity of the Contractor reporting of activities under this 9 S ~ l5`a~te Management Fokter~Age~x3a liems~.t~reenl4';iste lteco~~ery':Ascia~uneni io RED'~AFn-ember Cuunci! Packa~e~.~genda-Urd-Amendment revie~eed C:~ it-~0-O9`~.FINAL. AB.Ordinance..Amendment forGreenticsste?,~~igmuent.r)O(. Agreement, as well as keeping separate identi'tication and use of all assets, including vehicles and containers under this Agreement, as a separate. entity from Redwood Empire Disposal or any other affiliate of Contractor (notwithstanding that Franchise assets may be supplemented with the assets of Contractor and its affiliates), unless specifically .approved in writing in advance by the City; and, WHEREAS, Contractor seeks to assure the City that the sale•of the Franchise to Contractor will not result in increased costs. or a reduction in set-viees..or the quality of those services provided to the City, its residents, or businesses or a reduction of auy obligations of Contractor under the Agreement; and WHEREf1S, the City Council has introduced Ordinance no, approving assignment of the Agreement to Contractor and authorizing execution on behalf of the City this Amendment, subject to Ordinance no. being adopfed and taking effect atld satisfaction ofthe conditions specified in Ordinance no. NOW, THEREFORE, the Parties hereto agree as follows:- 1. CONDITION PRECEDENT AND AGR)rEMENT 1bIODIFICATIONS. Satisfaction of the conditions precedent contained in Ordinance no. .and Ordinance no. taking effect in accordance with Sections !IS, 4b, and S l of the ,Petaluma Charter, and section 16. 6 of the Agreement, and other applicable law, shall be conditions. precedent to this Amendment taking effect. Upon satisfaction of such conditions precedent, and execution of this Amendment by authorized representatives of the City and the Contractor, the Agreement shall be amended in accordance with the following. a. Article"l ., Definitions, of the Agreement is hereby modified by replacing the definitions of '`Approved Composting Site," "Approved Disposal Location," "Approved Recyclable Materials Processing Site" and "Contractor' with the Iollowing: "Approved Composting Site" means Sonoma Compost on Mechatn Road in Petaluma, California. ]f the Contractor desires to change the Approved Composting Site, Contractor shall request and receive written approval from the City Manager. "Approved Disposal Location" means Redwood Landfill in Novato, California. If the Contractor desires to change the Approved Disposal Location, Contractor shall request and receive written approval from the City Manager. "Approved Recyclable, Materials Processing Site" means the North Bay Corporation on Standish_Avenue in Santa Rosa, California. if the Contractor desires to change the Approved Recyclable Materials Processing Site. Contractor shall request .and receive written approval from the City Manager_ "Contractor" means Petaluma Refuse and Recycling, Incorporated, a corporation organized and operating under the laws of the State of California acid its officers, directors, employees, agents, companies, and subcontractors. h. Article 3. Term of Agreement. Section 3.~1 Option to Extend Term is hereby replaced to read as follows: 10 S ,~~!~~ste ~laniigeme~ll Fofder~Agenda fiem5lGreenl~`asle IZea~~'ert'~.Asi~=mnem Iq RED`.No~~ember Eanmcil PacRa ~e`•.Agenda-(~rci-Ainen~imenl revieeeed Cif t1 30-Q9~ti.~'INAi.. AE3.(~rc3inance.Ar~iezidmer~! fcxGreemt~actr ~1~signinent.DOC 3.4 Extension of Agreement Term In accordance with Section SI of the City's charter, arty extension of the Agreement Term pursuant to this sectionmay take effect no sooner than December 31, 2014. A. Extension by City. Ai the City's sole discretion, the City may extend this Agreement on one or more occasions provided t}iat the combined extension does not exceed a total of 36 months or extend the Agreement expiration date beyond December 3 ] , 2018. If the City extends the Agreement pursuant to this paragraph, it will give written notice to Contractor l'80 calendar days -prior to the then-current expiration date of the Agreement. The City's written notice will specify 8ie number of months by which the Agreement Term is extended and the new Agreement expiration date. B. Extension by Agreement between City and Contractor. Notwithstanding the City's right to extend the Agreement Term in "accordance with A, above, based on Contractor's satisfactory perforn~a~ice during Rate Periods 5 and 6; (fiscal years 2010/71 and 2011/12), the City and Contractor -may, by mutual agreement, negotiate an extension of the Agreement Term of up to a total of an additional 60 months or until December 31, 2020, whichever expires earlier. c. Article ~. Section 5.4 .Annual Residential Drop-Off Event is hereby replaced to read as Follows: Article 5. Section S.a Annual Cleanups The City elects to have the Contractor provide each. residential customer two pre-scheduled clean-ups during a period mutually established by the Contractor and the City. Each residential customer shall: be limited to four (4) cubic yards of materials per event. The Contractor shall pick up solid waste placed at curbside and transport such items to the Approved Disposal Location at no additional charge to customers. The following guidelines must be followed: 1. All waste must be lefr arthe curb by 6:00 a.m. 2. Items, where appropriate, should be placed in Contractor-approved cans, bags or boxes. 3. Residents may place major appliances (maximum 1 per event). bulky items, recyclable materials, yard trimmings, tires (maximum 4 per residential customer; removed from rims; no commercial Eires), clean w~finished wood, and rubbish at the curb. 4. Yard trimmings cannot exceed 3 inches in diameter, or be longer than 3 feet, and weigh no more than 75 pounds per bundle. 5. The following items wilt not be picked up: e-scrap items, liquids or sludge, cement, dirt, asphalt, construction and demolition debris, a single item that weighs more than 75 pounds (excluding major appliances), hazardous waste or infectious waste. Contractor may refuse to collect clean-up items and shall not be obligated to provide this service to any person who does not set out solid waste, and/or whose account is in delinquent status. S.,bt`aste IUlan.:gement roiifec~Ageiida Items~.Green~~`asie 12eamer~`:~1s~i~?ni~ten~ io R1=.t}'•,Noi~ember Council l'acka~e`•A~era1a-Qrd-.Amendment rrriewed CA i I-30-09•.FiNAt ~t3.Or~mance:;Ameii<lment~for Green~~~a;te Asignment.DOC \ ~ Contractor .shall separate recyclable materials and :yard trimmings collected from the clean- up events and u`ansport such materialsto the appropriate Processing Site. Major appliances shall be reused, recycled, or disposed by Contractor in accordance with requirements of Applicable Law. Any changes to such regulations made after the Effective Date shall be addressed as though they are a Change in Law in accordance with Section I2.7. Contractor shall record the ]rind and weights (in tons) of solid waste diverted from the landfill, if any, during.. these clean-ups through recycling, reuse, transformation or other means of approved diversion. d. Section 5.7 Collection from City Facilities, Exhibit B, referred to in this section, shall be replaced by Exhibit B-.1, which is attached hereto and made apart hereof. e. Section 6.3 Solid Waste. Disposal, is hereby amended by replacing -the penultimate sentence in B, Disposal Arrangements, with the following: If the City exercises its right under this provision and specifies use of a Disposal Site that is different from the Contractor-selected Approved DisposaA Location, the City shall provide written .notice to the Contractor of one year or such shorter time on which the City and Contractor may agree before the effective date of the change when the Contractor shall commence use of the site. f. Section 9.3.3 Vehicle Identification, is hereby amended by adding the following sentence: Vehicles identified for use in the City shall display on both .sides in letters that are a minimum of 4 inches high the following: "This vehicle is for vse solely under the City o1~ Petaluma Waste Franchise:" g. Section 9.4 CONTAINER REQUIREMENTS, A. General, shall be amended to add the following: Containers identified for use in the: City shall display on two sides in letters that are a minimum of ~4 inches high the following: "This container is for use solely under the City of Petaluma Waste Franchise: h. Section 10.1.1 iVlaintenance. of Records, is hereby amended by adding to the end of the section the following paragraphs: The Contractor will cooperate"with and compensate the City up to a total of $15,000 for up to two reviews of the Contractor's compliance with the procedures contained in the Contractor's transition and' ongoing records management plan for management of records and reporting in accordance with tlvs Agreement. Contractor's. costs of reviewing and monitoring the Contractor's transition and ongoing,records management plan and monitoring compliance with such plan shall be borne by the' Contractor and not be passed through to the ratepayers. Contractor shall collect, manage and report all infom~ation required under this Agreement concerning the Franchise separately and distinctly from all other operations of the Contractor in accordance Wtth all applicable Agreement requirements, and keep such information available for inspection as described in Section T0.1.3 below. i. Section l 1.1 Franchise Fee, is hereby amended to read as follows: 12 S..~'asYe h1anagen~ent~Fotde~A`Age~idaltemsl(rireen~4~aste Recoveryl,4ssisnt~ient to f2Et3FNn~°ember Council Packase`•.~gencla-E~rd-t~nzendment xevie~~~ed CA f i-i(i-O~I,F(\`AL. 1"R.flyduftiice.:amenciment IiisGreen~rss~e assignmenLD(K' In consideration of the exclusive rights provided Contractor herein, Contractor shall pay Franchise Pees to the City each month equal to 10:00% of Rate Revenues remitted by customers for collection seryices~provided in City, commencing with Rate Period 5. j. Section l13 Vehicleampact Fee, is hereby amended to read as follows: Contractor shall pay a Vehicle impact Fee to the City each month equal to 8.12% of Rate Revenues remitted by Customers' for Collection services provided in City. For purposes of calculating Contractor's Compensation in accordance with Article 12 of the Agreement, 6.42% of 'the Vehicle Impact Fee shall be included in Pass-Tluough .Costs and 1.7% of the Vehicle Impact Fee shall'be anon-allowable cost as otherwise described in'Section 12.3.7 of the Agreement. k. Section 12:3.2. B.2 shall be amended to add "t". Franchise Fees equal to ] .7% of Rate Revenues remitted by customers" 1. .Section 12.3.2.D.7 Forecasted, Franchise Fees, Vehicle Impact Fees, I3FiW and AB 939 Program Fees and Otfi'er Fees shall be amended to read: The forecasted Franchise Fees equal to I'0% of Rate Revenues remitted by customers, vehicle .impact fees, HHW and •AB :939 program Fees; and other fees specified in ~-ticle l l sliall be calculated rising forecasted Rate Period Three values. m. SSection 12.3.2.D. shall be amended to add "9". The incremental cost (either more than or less than the then current costs}.resulting from aCity-Directed Change in Approved Disposal Location and/or an Approved Recyclable Materials Processing Site .and/or an Approved Composting Site from that specified on the Effective Date n. Section 13.2 Revenue Reconciliation, shall be deleted and no reconciliation of revenues made subsequent to Rate_Perod 2 (January I, 2007 to December 31, 2007). _ o. Section 15:S.B Service Perfgrmance Standards; Liquidated Damages for Failure to Meet Standards. The original Exhibit D referred to in this section shall be supplemented by E.~chil5it D-l attached hereto and. made a part hereof. p. Section 1b.6 Assignment, shall be amended to add at the end of the section the following paragraph: Upon approval of an assignment and in addition to all other fees and considerations paid City by Contractor, Contractor shall pay City $250,OOQ00 to City as a transfer fee. q. Section 16.9 Notice Procedures, shall be modified [o replace the Contractor contact information. as follows: If to Contractor: (Name) r: Section 16.12 Offer of. Employment, sha]1 be modified by replacing the current section in its entirety with the following: 13 S. ~1.ictei Mann~eincnC,H~?Ider'~Agenzia lten2s\GreenW`aste Rea~~~ery~Assi ~nmenl to R~Ff)~No~~emiser Co~iticil l'ackase'•.~gend<r-ford-:'~mend~nen! rerieti~ed C..A I1-ti(i=(+~'.i TV',11 :~ti:(~riinrttiez:Amendment I~xGrreint~aaeAssi~mi3ent.1~'OC Contractor shall offer employment to the workers employed in positions listed in Exhibit C of the Agreement by GreenWaste under the same terms and conditions as in effect between such workers and GreenWaste on date immediately prior to the Effective Date of this Amendment, unless such workers have already been tetniinated for cause prior to the date immediately prior to the Effective Date. of this Amendment. 2. H>;ADINGS_ The 1~eading for each paragraph of this Second Amendment are included for convenience only and do not affect the interpretation of the Agreement. 3. MODIFICATIONS: This Second Amendment may not be modiFed orally or in any manner other than by an.agreemenrin writing signed by both parties. 4. TERMS. All otherterms in the Agreement for Solid Waste, Recyclable Materials, and Yard Trimming. Services, not specifically amended by this Second. Amendment shall remain .unchanged and in full' force and effect. This First Amendment is executed in three (3) duplicate originals,. eac11 of which is deemed to be an original. 5. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Second Amendment on behalf of the respective legal entities of the Contractor and the City. This Second Amendment shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the City and Contractor do hereby agree to the full performance oi` the terms set forth herein. CITY OF PETALUMA CONTRACTOR Petaluma Relitse and Recycling, Incorporated i City Manager ~"` ~~ ~'~c~-~ President, The Ratto Group ATTEST: City Clerk. APPROVED AS TO'FORM: City Attorney APPROVED: Department Director 14 S .~~,~:~e-?l~1anagemrnt Fulderi:Agenc3a ltems'~.(ireenl~'<~5te Recocer~'•..Assi~=nmena io (ZFD`,Noeember Ccxmcii PackagetAgenda-Ord-,Amendment revie~~-ed G.A Il-~0'-f~9 f~i'.VA'1 At3_(3rilmm~~:,Ame~?dmentforC3reen~~a>ie 1si~nment.DOC APPROVED: Risk Manager APPROVED: Finance Director 15 S. ~ti\ ate~!~1an5gemenl~FoEder_lgcizda [terns\Green~~'aste Reco~~erv`.Assignmem to RI_D`,November Council Pack<i~e~.Agenda-Ord-Amendment reviewed GA ! I-'(i=09 t-{N~11.. AF2.(~~rdmr`ince:.AmendmentforGreen~~~a,ie?ssiUmnent.DOC EXHS~ITS D-'i AB~~ J-1 T® AMEEV®!V@Ei'VT~ EXI~IBIT' D-1 SCI=IEI)IJLE F®I2 ADDITIONAL LI~i7IDA'TED DAMAGES Contractor may be assessed Liquidated Damages if Contractor fails to fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement with regards to the time frame for accomplishing each event and nature of the responsibility associated with the event unless otherwise stated in this Exhibit. USE ®F EQLTIPIVIENT 1. .Improper Use of Equipment. For each occurrence .identified by or $150/ event reported to the City of trucks and containers purchased pursuant to this Agreement operating outside the City limits except when trucks are in route to a Processing Facility or Disposal Location. EXHIBI'T' J-1 SCHEDULE F'OR ADDITIONAL STREET SWEEPING SEg2VTCES SCHEDULE FOR SWEEPING AND WASHING D. Par'ng Lots ^ Sweeping of the following parking lots shall be conducted as needed: Ellis Creek Parking Lot - 3890 Cypress Dr. Corporation Yard - 840 Hopper Street l 334647.1 16 ~5 ,bCa;te'tiG~n:7geinrnt Fol<ter,Age~ida Items''~CiPeenl~'sste Rean~er}'~As~tiignmen~ io RI~D'~.Noi~ember Cau~ciL['~ckage~Agend~i-Ord,An~endmerit re~~ie+aed GA I I-~~'=UPI! !\.a 1, 1t3.(~,rdmance.~lme~idmeiit lurGrienwaae a~si~n~l~ent.OOC Exhibit B-1 City Service Locations _ ,. __ _ . ,. ~ _ ~ ~ Routed ~ : Containers-. Locatio,ri,, v _ . __ _ Address ~ _:._ , -u, _. _ ~ Service Description Day,__._ Total, gs~~ .z, CITY OF PETALUMA - MC NEAR 11TH ST 96 GAL TOTER FEL Mon 13 PARK Thu 13 4TH ST 1 - 96 GAL FEL TOTER 1X WK Tue 1 32 GAL TOTER FEL Mon 2 Wed 2 Thu 3 Fri 3 AMERICAN ALLEY AMERfCAN ALLEY 32 GAL CONCRETE CAN Mon thru Friday 3 3 3 3 BOND PARK -BANFF WY 32 GAL TOTER FEL Mon 3 Fri 3 PETALUMA HIGH SCHOOL BASSETT ST AND FAIR 1 - 32 GAL FEL TOTER 1X WK Thu 1 LA TERCERA PARK BAYWOOD DR 2 - 3 YARD FEL 2X WK Mon 2 Thu 2 2 - 32 GAL FEL TOTER 2X WK Mon 2 Thu 2 PARK & REC DEPT. CAULFIELD LN 32 GAL TOTER FEL Mon 21.; CHERRY VALLEY PARK CHERRY ST 1 - 32 GAL FEL TOTER 2X WK Mon ~ 1 Fri 1 LUCCHESI PARK MC DOWELL BLVD 1 - 32 GAL FEL TOTER 1X V1LK Thu '1 32 GAL TOTER FEL Mon 15 Fri 15 PETALUMA TRANSIT 555 MC DOWELL BLVD N 1 - 4 YARD FEL GARBAGE 1X WK . Tue 1 2 - 32 GAL FEL TOTER 1X WK Tue 2 MC DOWELL PARK MC GREGOR AVE 1 - 32 GAL FEL TOTER 2X WK Mon 1 Thu 1 OAK HILL PARK PARK LN 32 GAL TOTER FEL Mon 11 Fri 11 WALNUT PARK PETALUMA BLVD 2 - 32 GAL FEL TOTER 2X WK Tue 2 Thu 2 32 GAL TOTER FEL Mon 3 Wed 3 ,_ FEL =Front End Loader ~ RCY= RECYCLE 7/29/2009 Exhibit B-1, Page 1 of 6 Exhibit B-1 City Service Locations _.. ... Y .. ; ,. , ,: Routed '' Containers: Location s. Address _ Ser,,vice Description Da ~ ~ n Total. ; ,~ WALNUT PARK PETALUMA BLVD 32 GAL TOTER FEL Thi 3 Fri 3 NYA_ PETALUMA BLVD N 32 GAL TOTER FEL Mon 6 Wed 4 Thu 4 Fri 4 :PETALUMA COTS PETALUMA BLVD S 4 YARD FEL GARBAGE Tue . 1 2 YARD FEL RCY Fri 1 NA 1 AIRPORT SKY RANCH DR 2 - 4 YARD FEL 1X WK Tue 2 96 GAL TOTER FEL Tue 12 M11NOK PARK ST FRANCIS DR 2 - 32 GAL FEL TOTER 2X WK Mon 2 'Fri 2 CITY PARK SUNNY SLOPE RD 1 - 32 GAL FEL TOTER 2X WK Mon 2 Fri ~ 2 ARROYO PARK VILLAGE EAST DR 32 GAL TOTER FEL Tue 5' Fri 5'. PARK WASHINGTON ST 1 - 32 GAL FEL TOTER ZX WK Wed 1 Fri 1 1 - 32 GAL FEL TOTER 3X WK Wed 1 Thu 1 Fri, 1 PARK WATER ST 2 - 32 GAL FEL TOTER 1X WK Wed 2 PARK WESTRIDGE DR 2 - 32 GAL FEL TOTER 2X WK Mon 2 Fri 2 CITY OF PETALUMA ANIMAL 840 HOPPER ST 1 - 4 YARD FEL Tue 1 CITY OF PETALUMA BUS STOP SONOMA MOUNTAIN PKWY 1 - 32 GAL FEL TOTER 3X WK Mon 1 AT COLUMBARD Wed 1 Fri 1 CITY OF PETALUMA CANS DANIEL DR 1 - 32 GAL FEL TOTER 2X WK Mon 1 (Park &Rec Dept. Fri 1 DEL ORO CIR 32 GAL TOTER FEL Mon 3 (Park &Rec Dept.. Fri 3 -- FEL =Front End Loader p~ RCY=RECYCLE 7/29/2009 Exhibit B-1., ..Page 2 of 6 Exhibit B=1 City Service Locations -~--- ~~ ~ ~. _ .. ~ ~~ ~~~ ~~ ~~ ~ 5..,_ ~ ~ ~` - ~ Routed "~ Containers`' . _ Location Address` ' . _ a, Service.-Description ` . Da .: ,; : Total' .,. ~. DOWNTOWN 96 GAL TOTER FEL Tue. 20 ,Park &Rec De t. JEFFERSON ST 1 - 32 GAL FEL TOTER 1X WK Tue 1 (Pa;K &Rec Dept. KENTUCKY ST 32 GAL TOTER FEL Mon 6 MC DOWELL~BLVD (near Wells Fargo Bank) 1 - 32 GAL FEL TOTER 1X WK Fri 1 GITY OF PETALUMA CITY HALL 11 ENGLISH ST 1 - 3 YARD FEL 5X WK Mon thru Friday 1 1 - 3 YARD FEL GARBAGE Nlon thru Friday 1 CITY OF PETALUMA 27 HOWARD STREET 65 GAL TOTER FEL GARBAGE Friday 1 65 GAL TOTER FEL RCY Friday 1 PETALUMA SERVICE CENTER 25 HOWARD STREET 65 GAL TOTER GARBAGE Friday 1 95 GAL TOTER RCY Friday 1 65 GAL TOTER YARD WASTE Friday 1 POLLY KLASS CENTER POST ST (Petaluma City Hall) 96 GAL TOTER. FEL-RCY Friday 1 96 GAL FEL TOTER GARBAGE Frida 1 CITY OF PETALUMA FIRE DEPT #1 198 D ST 1 - 2 YARD FEL 1X WK Tue 1 96 GAL TOTER FEL RCY Thu 1 EXTRA 2 YD FEL NA 1 CITY OF PETALUMA FIRE DEPT #2 1.001 MC DOWELL BLVD N 1 - 3 YARD FEL 1X WK Tue 1 GITY OF PETALUMA FIRE DEPT #3 '831 MC DOWELL BLVD S 1 - 2 YARD FE.L 1X WK Tue 1 YARDAGE CHARGE RCY FEL NA 1 CONTAMINATED LOAD FEL NA 1 _ 96 GAL TOTER FEL .RCY PAPER Thu 1 EXTRA TOTER FEL RCY CM NA 1 CITY OF PETALUMA DOWNTOWN Concrete Garbage Receptacles 4th and D ST; 4th and C St by bus stops 32 GAL Concrete Cans Mon thru Sat 3 (by the post office and bus stop at 4th and C St) Western Ave and Keller 32 GAL Concrete Cans Mon thru Sat 1 Keller Street between Western Ave and Washington St 32 GAL Concrete Cans Mon thru Sat 1 Washington Street and Keller, SE and SW Corner 32 GAL Concrete Cans Mon thru Sat 2 CITY OF PETALUMA 1st Street and D Street 32 GAL CAN Mon thru Sat 6 DOWNTOWN AND THEATER DIST. 1st Street between D & C Street 32 GAL CAN Mon thru Sat 4 plus surrounding area 1st Street and C Street 32 GAL CAN Mon thru Sat 4 C Street between 1st & 2nd Street 32 GAL CAN Mon thru Sat 2 ~-- FEL =Front End Loader ~ RCY= RECYCLE 7/29/2009 Exhibit B-1, .Page 3 of 6 Exhibit B-1 City Service Locations ,.~ ~ ~'. ~~~,-:~: ~ ~. Routed _ Coritaine`r`s' Location ~ ~._ . _. ~ _ ~ ~ Address ,.. ,;~ •~ ~ . ~.~ ~ _~.', ~ ~ ~ Service'~DeSCription Da ~ Total ., _ .. _ ~. ',CITY OF PETALUMA 2nd and C Street 32 GAL CAN Mon thru Sat 6 DOWNTOWN AND THEATER DIST. C Street between 2nd & Petaluma Blvd 32 GAL CAN Mon thru Sat 4 plus surrounding area 2nd anal D Street 32 GAL CAN Mon thru Sat, 4 2nd Street between D & C Street 32 GAL CAN Mon thru Sat 4 2nd and B Street 32 GAL CAN Mon thru Sat 1. 2nd Street between C & B Street 32 GAL CAN Mon thru Sat 4 B Street and Petaluma Blvd + Camera Corner 32 GAL CAN Mon thru Sat 8 Petaluma Blvd between D & C Street 32 GAL CAN Mon thru Sat 2 C Street and. Petaluma Blvd 32 GAL C'AN Mon thru Sat 8 Petaluma Blvd between C & B Street 32 GAL CAN Mon thru Sat 2 D Street and Petaluma Blvd 32 GAL CAN Mon. thru Sat 4 Petaluma Blvd between B Street & Western Ave. 32 GAL CAN Mon thru Sat. 2 Western AVe and .Petaluma Blvd 32 GAL CAN Mon thru Sat 5 Petaluma Blvd between Western Ave. & Washingto 32 GAL CAN Morr thru Sat 4 Petaluma Blvd and Putman Plaza Area 32 GAL CAN Mon tliru Sat 3 Petaluma Blvd between Mary & Martha Street 32 GAL CAN Mon thru Sat 2 Washington Street and Petaluma Blvd 32 GAL CAN Mon thru Sat 6 Water Street 32 GAL CAN Mon thru Sat 6 4th and B Street 32 GAL CAN Mon'thru Sat 8 4th Street between B Street & Western Ave 32 GAL CAN 'Mon thru Sat 4 Western Ave and Kentucky 32 GAL CAN ~ Mon thru Sat ~ 8 Kentucky St between Western Ave & Washington 32 GAL CAN Mon thru Sat 8' 150 'Kentucky Street 32 GAL CAN Mon thru Sat 1 Washington Street and Kentucky 32 GAL CAN Mon thru Sat 4 Telephone Alley and Golden Concourse 32 GAL CAN Mon thru Sat 1 2nd Street between F & G Street 32 GAL CAN Mon thru Sat 2 F Street between 1st & 2nd Street 32 GAL CAN Mon thru Sat 2 402 1st Street 32 GAL CAN Mon thru Sat 2 CITY OF PETALUMA 210 LAKEVILLE ST 32 GAL CAN Mon thru Sat 5 VISITOR CENTER 3 YARD FEL GARBAGE As Needed 1 3 YARD FEL RECYCLE As Needed 1 65 GAL GARBAGE FEL TOTER Tue 1 65 GAL RECYCLE FEL TOTER Tue 1 CITY OF PETALUMA KELLER ST TELEPHONE ALLEY (next to Tuttle's drug bin) 1 - 4 YARD FEL 1X WK Wed 1 CITY OF PETALUMA PARKS & REC WASHINGTON ST (prince park) 32 GAL TOTER FEL Mon 6 CITY OF PETALUMA PARKS & REC WASHINGTON ST (prince park) 32 GAL TOTER FEL Thu 6 Iv FEL =Front End Loader RCY= RECYCLE 7/29/2009 Exhibit B-1, Page 4 of 6 Exhibit B-1 City Service Locations _. _ ~ . ~ . . Routed Containers Location ,;-_ _ _,,~,~ .._.~_,; _-~_ ., . r Address ': ~,-~ ~. ~ ~__°u: ~ ServiceDescriptlon Day Total CITY OF PETALUMA POLICE DEPT 969 .PETALUMA BLVD N 1 - 4 YARD FEL 3X WK Mon 1 CITY OF PETALUMA POLICE DEPT '969 PETALUMA BLVD N Wed 1 Fri 1 CITY OF PETALUMA PRINCE PARK WASHINGTON ST (across from airport) 1 - 4 YARD FEL 1X WK Tue 1 96 GAL TOTER FEL RCY Mon. 2 CITY OF PETALUMA WATER DEPT 202 MC DOWELL BLVD N 1 - 3 YARD FEL 1X WK Wed 1 MC .NEAR PARK CITY OF PETALUMA 11TH ST 1 - 64 GAL FEL TOTER 1 X WK Tue 1 2 - 96 GAL FEL TOTER 1X WK Tue 2 7 - 32 GAL FEL TOTER 1X WK Tue 7 PETALUMA SWIM CENTER 900 WASHINGTON ST E 1 - 4 YARD FEL 2X WK - Mon 1 Thu 1 CITY OF PETALUMA CITY HALL SS 11 ENGLISH ST 96 GAL TOTER FEL RCY Thu 6 CITY OF PETALUMA FIRE DEPT#2SS MC DOWELL BLVD N 3 YD FEL RCY .Mon 1 - FREE SERVICE CM NA 1 CITY OF PETALUMA TAP/GLASS 11 ENGLISH ST 9.6 GAL TOTER FEL RCY Thu 1 PETALUMA COMMUNITY CENTER ~ 320 MC DOWELL BLVD N 96-GAL TOTER FEL RCY Thu 2' 2 YD.FEL GARBAGE Mon and Thur 1 4 YD FEL GARBAGE Mon and Thur 1 4 YD FEL RCY Mon and Thur 1 65 GAL TOTER RCY Thu 1 PETALUMA COMMUNITY CENTER MIX 320 MC DOWELL BLVD N 96 GAL TOTER FEL RCY PAPER Thu 1 CITY OF PETALUMA WATER CONSERVATION 315 2nd Street 20 YD ROLLOFF (toilet exchange) Daily/On Call 1 Toilet Exchan e Pro ram CITY OF PETALUMA CORP YARD PAPER /CARDBOARD RECYCLE 840 HOPPER ST 4 YD FEL RCY Daily/On Call 1 CITY OF PETALUMA CORP YARD METAL _ 840 HOPPER ST 20 YD ROLLOFF RCY Daily/On Call 1 CITY OF PETALUMA CORP YARD GARBAGE 840 HOPPER ST 20 YD ROLLOFF GARBAGE Daily/On Call. 1 FEL =Front End Loader r RCY= RECYCLE 7/29/2009 Exhibit B-1, Page 5 of6 Exhibit B-1 City Service Locations ... .• ~~ ~ ... " ~ ~ ~ ~~ ~ ~ , Routed ~ ~ ~ Contaire~s~ Location _ ~ . :,n Address : _.. Service Description - _ Da ',_._. Total- _ ,_, CITY OF PETALUMA CORD YARD ASPHALT 840 HOPPER ST 10 YD ROLLOFF RECYCLE Daily/On Call 1 CITY OF PETALUMA CORP YARD STREET SWEEPER 840 HOPPER ST 20 YD ROLLOFF RECYCLE Daily/On Call 2 CITY OF PETALUMA CORP YARD YARD WASTE 840 HOPPER ST 20 YD ROLLOFF RECYCLE Daily/On Call 2 CITY OF PETALUMA WASTEWATER Thu. and as TREATMENT PLANT needed during/after a 3890 CYPRESS DR. 6 (SIX) 2-YARD CONTAINERS storm 6 CITY OF PETALUMA WASTEWATER Thu. and as TREATMENT PLANT needed • during/after a 950 HOPPER ST. 1 (ONE) 2-YARD CONTAINERS storm 1 CITY OF PETALUMA YARDWASTE MARIA DR & PROFESSIONAL DR 30 YD ROLLOFF RECYCLE On call if needed 1 TOTAL ~ ° yr ` ~ ` ° `` a .~. ~ ~ ~ ,r ._ ,495' 'Note that this list was prepared using the best available information, and actual services maybe more or less than shown above. SPECIAL E~/ENTS ,. ~ ~ .. , ., Event # of Address Size Container Requested Date Containers Petaluma Butter & Eggs Day Parade Dowhtown 95 Gal Garbage April 45 Petaluma Butter & Eggs Day Parade Downtown 95 Gal Recycle April 45 Petaluma Butter & Eggs Day Parade Downtown 4 yard Garbage April 2 Art and Garden Festival Downtown 95 Gal Garbage June 25 Art and Garden Festival Downtown 95 Gal Recycle June 25 Antique Fair Downtown 95 Gal Garbage Sept 45 Antique Fair Downtown 95 Gal Recycle Sept 45 Yearly Clean - Up ~ as many as Airport 40 yard debris boxes ~ June needed FEL =Front End Loader RCY= RECYCLE 7/29/2009 Exhibit B-1, Page 6 ofi6