HomeMy WebLinkAbout _ 4.11(f)--Approve Contract for Recyclable Material Sorting Services to Siskyou Opportunity Center GI �" Y C� F
� � �- ' � ° � � i � CITY OF REDDING
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REPORT TO THE CITY COUNCIL
MEETING DATE: August 19, 2025 FROM: Michael Webb, Public Works
ITEM NO. 4.ll(� Director
***APPROVED BY***
ie ael � iiEali� oaks L)arector �(l 11242� t�s�a a �, ss � eF 8,�14l202�
mwebb@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.11(�--Approve a 3-Year Contract for Recyclable Material Sorting Services with
Siski ou O ortunity Center
Recommendation
Authorize and approve the following:
(1) Approve a three-year, Service Agreement with Siskiyou Opportunity Center (C-9996) in
the amount of $1,315,694.40 per year, beginning July 1, 2025, for recyclables sorting
services for the City of Redding Solid Waste Department;
(2) A�uthorize the City Manager, or designee, to execute the Service Agreement;
(3) Adopt Resolution approving and adopting the 7`h Amendment to City Budget Resolution
No. 2025-049 appropriating $115,700 to cover the additional cost of the Siskiyou
Opportunity Center(C-9996) for fiscal year 2025-26; and
(4) Find that the action is categorically exempt from review under the California
Environmental Quality Act,pursuant to Section 15301 —Existing Facilities.
Fiscal Impact
The Service Agreement (Agreement) is in the amount of$1,315,694.40 per year which reflects a
2.3 percent San Francisco-Oakland Consumer Price Index (CPI) increase from the most recent
contract price. The City of Redding (City) Solid Waste Division included $1,200,000 in their
Fiscal Year 2025-26 budget for this agreement, therefore the associated budget Resol�ution is
included in the amount of$115,'700 to cover the additional cost.
Alternative Actzon
The City Council (Council) may choose not to approve the agreement and direct staff to analyze
other options that include City staff serving as the sorting crew or shipping the all recyclable
material to an out-of-area facility for sorting and recycling. It is anticipated that both these
options would increase the cost of the recycling operation and could eliminate the revenue
generated from selling the recycled material. It would also eliminate the employment
opportunities provided to individuals with disabilities in our local community.
Report to Redding City Council August 14,2025
Re: 4.11(f)--Approve Contract for Recyclable Material Sorting Services to Siskyou Opportunity
Center Page 2
Background/Analysis
In 1992, the City established its curbside recycling program in order to meet state mandates for
diversion. The City has utilized personnel from opportunity center organizations as sorters at the
Material Recovery Facility (MRF) to process recyclables from the City's curbside recycling
program since its inception. The design of the MRF requires a combination of manual and
mechanical sorting. Recyclables are sorted by type (i.e. cardboard, mixed paper, glass, plastic
bottles and jugs, tin, aluminum, etc.) and contaminants are removed so that the materials can
meet market specifications and a11ow the City to obtain the best possible prices �or these
commodities. The sorting crew consists of 18 sorters and four work instructors who work
Monday through Friday from 8:30 a.m. to 4:00 p.m. Since the crew works the saine weekly
schedule as the Solid Waste collection drivers, they are required to work the Saturdays that
follow after holidays observed by the City.
From 1992 until May of 2023, sorting services were provided by contracting with the Shasta
County Opportunity Center (SCOC). On February 28, 2023, the Shasta County's Board of
Supervisors voted unanimously to close the SCOC on June 30, 2023. The SCOC subsequently
informed the City they would halt sorting services as of May 26, 2023, terminating the City's
agreement prematurely. With the short notice provided, staff worked with Far Northern Regional
Center staff who contacted other providers to solicit bids for the recyclables sorting services
contract. The Siskiyou Opportunity Center (SOC) was the sole entity to show interest —
subsequently a temporary agreement with SOC was approved in order to continue operations of
the MRF and negotiate a more permanent agreement. In August 2023, an agreement was
approved by Council for the period of August 15, 2023 to J�une 30, 2025 with three, one-year
options through June 30, 2028.
For over 50 years, SOC has provided a wide range of vocational training, independent living
skills, and access to the community. SOC is an independent, not-for-profit separate from the
County of Siskiyou. The SOC earned accreditation by the Commission on the Accreditation of
Rehabilitation Facilities. Achieving accreditation requires a service provider to commit to quality
improvement, focus on the unique needs of each person the provider serves, and monitor the
results of services. The SOC has experience in providing similar sorting services and has
provided the service for the City since May 29, 2023. Since SOC was a new vendor to provide
sorting services the City awarded them a 2-year contract in order to evaluate their ability to fulfill
the needed services. The SOC has performed at an exceptional level and staff is proposing a new
3-year contract with 2 possible extensions.
Environmental Review
Staff has determined that this action is categorically exempt from review under the California
Environmental Quality Act Guidelines, pursuant to Section 15301. C1ass 1 exemptions include
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing
facilities, structures, or topographical features involving negligible or no expansion of use. The
Siskiyou Opportunity Center will provide recyclable material sorting services at the existing
recycling facility, and the Service Agreement wi11 allow for continuation of an existing
operational activity. The action will not result in expansion of use. This aetion has no potential to
have a significant effect on the environment.
Report to Redding City Council August 14,2025
Re: 4.11(f)--Approve Contract for Recyclable Material Sorting Services to Siskyou Opportunity
Center Page 3
Council PNio�^ity/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Resolution
Services Agreement with Siskiyou Opportunity Center(C-9996)
NOE Service Agreement_Sis Opp Center
RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING
AND ADOPTING THE 7TH AMENDMENT TO CITY BUDGET RESOLUTION NO.
2025-049 APPROPRIATING $115,700 FOR THE SISKIYOU OPPORTUNITY CENTER
(C-9996)FOR FISCAL YEAR 2025-26
BE IT RESOL VED BY THE CITY CO UNCIL OF THE CITY OF REDDING
THAT Budget Resolution No. 2025-049 be and is hereby amended as follows:
FUND DNISION DESCRIPTION 1NCREASE DECREASE
251 6505 Resource Recovery $115,700
THAT account titles and numbers requiring adjustments by this Resol�ution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Increase(Decrease)Revenue
251-0000-2910000-00000 Fund Balance $ 115,700
Increase Expenditures
251-6505-5040001-00000 Specialized Services&Technical $ 115,700
Total $ 115,700 $ 115,700
THAT the purpose is to appropriate $115,700 for the Siskiyou Opportunity Center (C-9996) for
the fiscal year 2025-2026.
I HEREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the
City Council of the City of Redding on the 19th day of August, 2025 and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
JACK 1VIUNNS, Mayor
ATTEST: FORIYI APPROVAL:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney
SEIZVICES AG EE Ell�T ET EEI�T E
SISKIY �J PP TITNITY CENTE
CIT�' OF E ING FO
ECYCI.ABLE AT'E IAL SO T G SERVICES
This agreement is made by and between the Siskiyou C)pportunity Center (OC) and the City of Redding
(City), a municipal corporatian, (collectively, the "Parties" and individually a "Party"), for the purpose
of providing recyclabie material sorting services (Services)to the City of Redding.
It has been determined the City does not have sufficient personnel to perform the services required herein
thereby necessitating this agreement for services and pursuant to the State of California Welfare and
Institutions Code §19404, bidding is unnecessary because the services acquired herein provide
employment opportunities for people with disabilities.
SEC�'ION 1> DEFINITIOleT�
ork Creva (Crew) means a group consisting of eighteen OC participants (Participant/s) and four
work instructors (Instructor)
ther ork uties consist of removal of contamination from sorted recycling, picking up trash,
and additional cleaning of Material Recovery Facility while equipment repairs are made and/or when
all recyclables have been processed.
orking ours are Monday through Friday, from 8:30 a.m. to 4 p.m. with %2 hour for lunch. The
start time may be adjusted based on seasons. However, a workday will not exceed seven(7) hours.
SEC�ION 2. OPPORTUNIT�'CENTER RESPOI�ISIBILITIES
Pursuant to the terms and conditions of this agreement, the OC sha11;
A. Provide Crew to perform �ther Work Duties and Services:
l. At each of the Material Recovery Facility's nineteen stations ar�d when staff"ing levels at-e
reduced,City staffand OC staffwlll work tog�ther to d�cide the statioras to b�attended;
2. During Working Hours,with the exception of holidays observed by the City of Redding
and on Saturdays, as outlined in Exhibit A, attached and incorporated herein;
B. Provide Instructors to:
1. Demonstrate work techniques to Participants;
2. Supervise Participants ta ensure Other Work Duties and Services are completed
satisfactorily and safely;
3. Maintain an accurate log of arrival and departure times for each Participant.
C. Provide:
1. Safety training for Crew; and
2. Personal protective equipment (PPE) including, but not limited to, safety
glasses/goggles, face shields, ear plugs, hard hats, and gloves in accordance with
Cal/OSHA Regulations Title 8, §$414 Personal Protective Equipment. The OC has
fu11 responsibility for lost and/or damaged PPE, unless the loss and/or damage was
due to the sole negligence of the City.
D. Maintain an Injury and Illness Prevention Program in accardance with Cal/OSHA Regulations,
Title 8, §3203.
E. Meet quarterly,or as needed,with City to discuss agreement performance, scheduling, and any
other agreement related topics.Meetings will be scheduled at a mutually agreed upon date and
time and held at a lacation provided by City.
F. Assume a11 payroll, workers' �ompensation coverage, and liability costs for Crew.
SECTION 3, CI'�Y RESPOl�TSIBILITIES
Pursuant to the terms and conditions of this agreement, City shall provide:
A. Upon commencement of this agreement initial orientation and training to the Crew
regarding the daily work sch�dule and instructions on how to perform the Services. All
training and orientation provided pursuant to this provision shall be provided in accordance
with Section 12 of this agreement.
B. On-going guidance to Instructors as to any specific duties that fall within the realm of the OC
Responsibilities. A11 guidance provided pursuant to this provision shall be provided in
accordance with Section 12 of this agreement.
C. Feedback on the Crew°s work performance on an"as needed'° basis, as determined by City, as
we11 as at the quarterly meetings delineated in Section 2.E, All feedback provided pursuant to this
provision shall be pravided in accordance with Section 12 of this agreement.
D. Facilities and equipment that are maintained in a safe and operational condition.
E. A sheltered work area with:
1. Protectian for Crew from inclement weather;
2. Fans and evaporative caolers;
3. Standing pacls;
4. Fire extinguishers and First Aid kits;and
5. Storage for PPE.
F. Portable tailets with sinks loeated immediately adjaeent to the general work area, stocked with:
1. Toilet paper;
2. Seat protectors;
3, Clean water;
4. Hand towels; and
5. Hand soap.
G. Air conditioned and heated break room space, with tables and chairs, that provides the
following: �
1. Access to vending machines and free ice;and
2. A srnk with potable hot and cold running water.
H. One air conditioned and heated office with faur desks and four chairs for Instructor use.
I. Lockers and cabinets for storage of Crew belongings.
J. Tools and equipment necessary to perform Other Work Duties.
K. Four radios far communication b etween Instructors and City's floor personnel.
L. Upon request of the OC, access to meeting rooms to be used for training by OC for the Crew
as required by the OC's performance of the services under this agreement.
M. Meet quarterly, or as needed, with O C to discuss agreement performance, scheduling, and any
other agreement related topics. Meetings wi�1 be scheduled at a mutually agreed upon date and
time and held at a location provided by City.
SECTION 4. Ct�MPENSATION
l. July l,2025 through June 30,2d26
A. City shall pay OC $109,641.20 �ermonth farthe Services prescribed in this agreement.
B, The hourly rate for working hours outside the Working Hours set forth in this agreement, at
the request of City, wi11 be $754.14 per hour for the Crew.
C. When requested by City, when any other configuration or workers, other than the Crew, are
being utilized at times during and/or outside the Working Hours, the hourly rate for
Instructors shall be $51.75 per Instructor.
D. When requested by City, when any ather configuration or workers, other than the Crew, are
being utilized at times during and/or outsrde the Working Hours, the hourly rate for
Participants shall be $26.10 per Participant.
E. If QC is unable to perform services due to equipment malfunction or health and safety issues,
the OC will only invoice for the number of hours actually worked, rounded up to the nearest
quarter hour. For these purposes the houriy rate to be used sha11 be $754.14. Amounts
deducted due to the OC's inability to perform services shall be deducted from the monthly
amount.
F. City shall pay OC the full monthly rates as specified herein, unless the staffing levels for a
crew fall more than two people below the levels prescribed in Section 1 of the Original
Agreement on a particular day or days. Should the staffing levels for a crew fa11 more than
two people below the levels prescribed in Section 1, the amount of $94 per day shall be
deducted from OC`s compensation for each Crew member who is absent for a fu11 day
during the period of July l, 2025 through June 30, 2026. A fu11 day is defined in Section 1.
G. Shouid the City request a permanent reduction to the number of crew members, the annual
compensatron will be reduced by $48,206 per crew member reduced.
2e July 1,2026 through June 30,2027 and July 1,2Q27 through June 30,2028
A. Prices and amounts outlined in Section 4.1 to be increased ar decreased in direct
proportion to the change in the San Francisco — Oakland Consumer Price Index for a11
Urban Consumers (CPI-U), begore seasonal adjustment, as reported by the U.W.
Department of Labor, index base period (1982-84=100). Subsequent price changes shall
be based on the latest available first publi�hed index to the April 2024 index. Price
increase or decreases shall take place each July l.
S�CTION 5. BII.LING AND PAYMENT
A. City shall pay for services rendered pursuant to this agreement on a monthly basis as set forth
in Section 4. The payments specified herein shall be the only payments made to the OC for
services rendered pursuant to this agreement.
B. The OC shall submit monthly invoices to City for work completed during the prior month.
C. All correct, complete and undisputed invoices sent by OC to City shall be paid within thirty
calendar days of receipt.
SECTIC�N 6. TE All� TE INATI�N
A. The initial term of this agreement sha11 be for the period of July 1, 2025 through June 30, 2d28.
B. P.enewals, if any, must be mutually agreeable, and prices quoted may remain the same, or be
increased or decreased in direct proportion to the change in the San Francisco-Oakland
Consumer Price Index for all Urban Consumers(CPI-U}, before seasonal adjustment, as reported
by the U.S. Department of Labor, index base period (19&2-84=100). Subsequent price changes
shall be based on the latest available first published index compared to the Apri12024 index.
C. Either party materially fails to perform its responsibilities under this agreement to the
satisfaction of the other party, or if either party fails to fulfill in a timely and professional manner
its responsibilities under this agreement, or if either party violates any of the terms or provisions
of this agreement, then the other party shall have the right to terminate this agreement for cause
effective immediately upon that party giving written notice thereof to the other party.
D. Eitl�er party may terminate this agreement without cause w�th thirty calendar days° written
notice.
E. Either pariy may terminate this agreement immediately upon oral notice should funding related to
any of the services performed pursuant to this contract cease or be materially decreased during
the term of this agreement.
F. If this agreement is terminated under paragraphs C, D, or E above, City shall pay the OC for all
work satisfactorily completed as of the effective date of the termination. Should the effective
date of the notice of termination fall on a date other than the end of the month, then City shall
pay the OC an amount which is equal to the pro rata portion of the monthly compensation based
upon the portian of the manth during which services under this agreemant were provided.
G. The OC's right to terminate this agreement may be exercised by the OC's Executive Director or
his/her designee, or the Board President of the OC. City's right to terminate this agreement may
be exercised by its City Manager.
SECTIOlV 7e INSURANCE
A. Unless modified in writing by City's Risk Manager, Contractor shall maintain the following
noted insurance during the duration of the Contract:
Ccavera�e T��e Minimum Amount
Commercial General Liability(CG-0001} $1,000,000.00 per occurrence
_$2,000,000.00_ general aggregate
Comprehensive Vehicle Liability(CA-0001) _$1,000,000.00_
Workers' Compensation and Employers' Liability _$1,000,000.40_
Professional Liability(Errors and Omissions}
B. The following additional requirements apply to those coverage requirements specified above:
l. Commercial General Liability Insurance shall include but not be limited to bodily injury,
personal injury and property damage. The coverage shall be for the amounts not less than
the amounts stated in Section S.A. of the Contract;
2. Comprehensive Automobile Liability Insurance, sha11 provide far at least the total limits
specified above as combined single limits per accident applicable to all owned, non-
owned and hired vehicles;
3. Both the Workers' Compensation and Emplayers' Liability policies sha11 contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents and volunteers;
4. Professional Liability (Errors and Omissions) Insurance shall be appropriate to
Contractor's profession, against loss due to error or omission or malpractice.
Se The City does not accept insurance certificates or endorsements with the wording "but
only in the event of a named insured's sole negligence" or any other verbiage limiting
the insured's insurance responsibility.
6. For any category of insurance above as stated in Section S.A. of the Contract with
coverage amounts designated as "N/A," "$0," or "0," insurance of that type is not
required by this Contract.
C. Any deductibles or self-insured retentlons must be declared to and approved by City. At the
option of the City, either: the insurer sha11 reduce or eliminate such deductibles or self-insured
retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or
the Contractor sha11 procure a bond guaranteeing payment of losses and related investigations,
claims administration and defense expenses.
D. The General Liability shall contain or be endorsed to contain the following provisions:
l. City, its elected officials, officers, employees, and agents are to be covered as additional
insured as respects liability arising out of work or operations performed by or on behalf
of Contractor; premises owned, leased or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage sha11 contain no special
limitations on the scope of protection afforded to City, its elected officials, of�cers,
employees, agents and volunteers.
2. The insurance coverage of Contractor sha11 be primary insurance as respects City, its
elected officials, officers, employees, agents and volunteers. Any insurance or self-
insurance maintained by City, its elected officials, officers, employees, agents and
volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Contractor 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.
4. Each insurance policy required by this Contract sha11 be endorsed to state that coverage
sha11 not be canceled except after thirty (30) calendar days' prior written notice has been
given to City. In addition, Contractor agrees that it sha11 not reduce its coverage or limits
on any such policy except after thirty (30) calendar days' prior written notice has been
given to City.
E. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A-VII.
F. Contractor shall designate the City of Redding, 777 Cypress Avenue, Redding, CA 96001 as a
Certificate Holder of the insurance. Con�ractor shall furnish City with certificares of insurance
and original endorsements effecting the coverages required by this clause. Certificates and
endorsements sha11 be submitted electronically via the PINS Advantage system. A link will be
provided for the Contractor, or their insurance agent, to enter and upload documents directly to
PINS Advantage. The certificates and endorsements for each insurance policy are to be signed by
a persan authorized by the insurer to bind coverage on its behalf. All endorsements are to be
received and approved in PINS Advantage by the City's Risk Manager prior to the
commencement of contracted services. City may withhold payments to Contractor if adequate
certificates of insurance and endorsements required have not been submitted as described above
or provided in a timely manner.
G. The requirements as to the types and limits of insurance caverage to be maintained by Contractor
as required by Section 5 of this Contract, and any approval of said insurance by City, are not
intended to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by Contractor pursuant to this Contract, including, without limitation, provisions
concerning indemnification.
H. If any policy of insurance required by this Section is a"claims made"policy, pursuant to Code of
Civi1 Procedure § 342 and Government Code § 945.6, Contractor shall keep said insurance in
effect for a period of eighteen(18)months after the termination of this Contract.
L If any damage, including death, personal injury or property damage, occurs in connection with
the performance of this Contract, Contractor shall immediately notify City's Risk Manager by
telephone at (530} 225-4068. No later than three (3) calendar days after the event, Contractor
sha11 submit a written report to City's Risk Manager containing the following information, as
applicable: 1) name and address of injured or deceased person(s}; 2} name and address af
witnesses; 3)name and address of Contractor's insurance company; and 4) a detailed description
of the damage and whether any City property was involved.
SEC'TI(�llT 8. INI)El�l�TIFICATION ANI� HOLD HARMLESS
A. Consistent with California Civil Code § 2782.8, when the services to be provided under this
Contract are design professional services to be performed by a design professional, as that term is
defined under Section 2782.8, Contractor sha11, to the fullest extent permitted by law, indemnify
protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and
each and every one of them, from and against a11 actions, damages, costs, liability, claims, losses,
penalties and expenses (including, but not limited to, reasonable attorney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs)of
every type and description to which any or all of them may be subjected by reason of, or
resulting from, directly or indirectly, the negligence, recklessness, or wi11fu1 misconduct of
Contractor, its of�cers, employees or agents in the performance of professional services under
this �ontract, except when liability arises due to the sole negligence, active negligence or
misconduct of the City.
B. Other than in the performance of professional services by a design professional, which is
addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law,
Contractor shall indemnify protect, defend and hold harmless, City, its elected officials, of�cers,
employees, and agents, and each and every one of them, from and against all actions, damages,
costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable
attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs,
and investigation costs) of every type and description to which any or a11 of them may be
subjected by reason of the performance of the services required under this Contract by Contractor
its officers, employees or agents in the performance of professional services under this Contract,
except when liability arises due to the sole negligence, active negligence or misconduct of the
City.
C. The Contractor's obligatlon to defend, indemnify and hold harmless sha11 not ba excused because
of the Contractor's inability to evaluate liability. The Contractor shall respond within thirty (30)
calendar days to the tender of any claim for defense and indemnity by the City, unless this time
has been extended in writing by the City. If the Contractor fails to accept or reject a tender of
defense and indemnity in writing deliver�d to City within thirty(30) calendar days, in addition to
any other remedy authorized by law, the City may withhold such funds the City reasonably
considers necessary for its defense and indemnity until disposition has been made of the claim or
until the Contractor accepts or rejects the tender of defense in writing delivered to the City,
whichever occurs first. This subdivision sha11 not be construed to excuse the prompt and
continued performance of the duties required of Contractor herein.
D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies
to all claims and liability regardless of whether any insurance policies are applicable. The policy
limits of said insurance policies do not act as a limitation upon the amount of indemni�cation to
be provided by Contractor.
E. City shall have the right to approve or disapprove the legal counsel retained by Contractor
pursuant to this Section to represent City's interests. City shall be reimbursed for ali costs and
attorney's fees incurred by City in enforcing the obligations set forth in this Section.
SECTION 9. CONTRACT INTERPRETA�'IQl�T VENUE AND ATTORNEY FEES
A. This Contract sha11 be deemed to have been entered into in Redding, California. All questions
regarding the validity, interpretation or performance af any of its terms or of any rights or
obligations of the parties to this Contract shall be governed by California law. If any claim, at
law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to
its costs and reasonable attorneys'fees.
B. This document, including a11 exhibits, contains the entire agreement between the parties and
supersedes whatever oral or written understanding each may have had prior to the execution of
this Contract. This Contract sha11 not be altered, amended or modified except by a writing signed
by City and Contractor. No verbal agreement or conversation with any of�cial, officer, agent or
employee af City, either before, during or after the execution of this Cantract, shall affect or
modify any of the terms or conditions contained in this Cantract, nor shall any such verbal
agreement or conversation entitle Contractor to any additional payment whatsoever under the
terms of this Contract.
C. No covenant or condition to be performed by Contractor under this Contract can be waived
except by the written consent of City. Forbearance or indulgence by City in any regard
whatsoever sha11 not constitute a waiver of the covenant or condition in question. Until
performance by Contractor of said covenant or condition is complete, City shall be entitled to
invoke any remedy available to City under this Contract or by law or in equity despite said
forbearance or indulgence.
D. If any portian of this Contract or the application thereof to any person or circumstance sha11 be
invalid or unenforceable to any extent, the remainder of this Contract shall not be affected
thereby and shall be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not constitute a part
hereof. A waiver of any party of any provision or a breach of this Contract must be provided in
writing, and shall not be construed as a waiver of any other provision or any succeeding breach
of the same or any other provisions herein.
F'. Each Party hereto declares and represents that in entering into this Contract, it has relied and is
relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and
consequence relating thereto. Each Party further declares and represents that this Gontract is
made without reliance upon any statement or representation not contained herein of any other
Party or any representative, agent or attorney of the other Party. The Parties agree that they are
aware that they have the right to be advised by counsel with respect to the negotiations, terms,
and conditions of this Contract and that the decision of whether or not to seek the advice of
counsel with respect to this Contract is a decision which is the sole responsibility of each of the
Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle
of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not
apply.
Ci. Each of the Parties hereto hereby irrevacably waives any and all right to trial by jury in any
action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equily, arising
out of or in any way related to this Agreement or the transactions contemplated hereby. Each
Party further waives any right to consolidate any action which a jury trial has been waived with
any other action in which a jury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this Contract and those
of any e�ibit or attachment hereto, the terms and conditions set forth in the body of this
Contract proper shall prevail. In the event of a conflict between the terms and conditions of any
two or more e�ibits or attachments hereto, those prepared by City shall prevaii over those
prepared by Contractor.
SECTION 10. S�ATUS OF PARTIES
Both parties shall, during the entire term of this agreement, be construed to be independent
contractors, and nothing in this agreement is intended nor sha11 be construed to create an employer-
employee relationship, a joint venture relationship, or to allow City to exercise discretion or control
over the professional manner in which the OC performs the work or services that are the subject
matter of this agreement. The OC sha11 not be eligible for coverage under City's workers'
compensation insurance plan, benefits under the Public Employee Retirement System or be eligible
for any other City benefit.
�ECTIOI� 11. SURVI�AL
The provisions set forth in Sections 6 through 12 of this agreement shall survive the termination,
cancellation or expiration of the agreement.
SECTION 12a COlVIPI.IANCE WITI-I I,AWSt NON-DISCRIMINATION
A. Both parties shall observe and comply with all applicable federal, state and local laws,
ordinances and codes which relate to the services to be provided pursuant to this agreement.
S. Both parties shall nat discriminate in employment practices on the basis of race, color,
ancestry, national origin, religious creed, seX, sexual orientation, disability, age, marital
status, political affiliation, or membership or non-membership in any organization. Both
parties sha11 take affirmative action to ensure applicants are employed and that employees are
treated during their employment without regard to their race, color, ancestry, national origin,
religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or
membership or non-membership in any organization. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff ar termination, rates of pay or other forms of compensation
and selection for training.
C. City represents that City is zn compliance with and agrees that it will continue to
comply with the Americans with Disabilities Act of 1990 (42 U.S.C. section 12101, et
seq.}, the Fair Employment and Housing Act (Government Code sections 12900, et
seq.), and regulations and guidelines issued pursuant thereto.
SECTI N 13. LICENSES AN PE ITS
Both parties shall possess and mazntain all necessary licenses, permits, certificates, and credentials
required by the laws of the United States, the State of California, the County of Shasta, and all other
appropria�e governmental agencies, including any eertification and credentials required by County or City.
Failure to maintain the required licenses, permits, certi�cated, and credentials shall be deemed a breach of
this agreement and constitutes grounds for the termination of this agreement.
SECTION 14. CONFII�ENTIALITY OF CLIENT INFO
City sha11 comply with, and require all of City's employees and agents to comply with the
provisions of, Welfare and Institutions Code, §10850, and Division 19 of the Caiifornia
Department of Social Services, Manual af Policies and Procedures, regarding t he
confidentiality of the identity of persons receiving public social services.
SEC'TION 15. RECOI2DS IZ�TENTION
The OC shall maintain accounts and records, including personnel, property and financial
records, adequate to identify and account for a11 costs pertaining to this agreement and such
other records as may be deemed necessary by City to assure proper accounting for a11 project
funds. These records shall b� made available for audit purposes to state and federal authorities,
or any authorized representative of City. The OC shall retain such records for three (3) years
after the expiration of this agreement, unless prior p�rmission to destroy them is granted by
City.
SECTION 16. EPRESENTATIVES
A. City's representative for this agreement is, Paul Clemens, Deputy Director of Public Works
telephone number (530) 224-6207, email: pclemens@cityofredding.org. All of OC's
questions pertaining to this agreement shail be referred ta the above-named person, or to the
representative°s designee.
B. The OC°s representative for this agreement is the OC Executive Director, Rick Cervantes,
telephone number (530) 926-4698, fax number (530) 926-0689-5751, email:
dan@siskiyouoc.org. All of City's questions pertaining to this agreement sha11 be referred to
this person, or the representative's designee.
SECTION 1'7. NOTICES
A. Except as provided in sections 6.E. of this agreement (oral notice of termination}, any notices
required or permitted pursuant to the terms and provisions of this agreement shall be given to
the appropriate Party at the address specified below or at such other address as the Party shall
specify in writing. Such notice shall be deemed given: (1) upon personal delivery; or(2) if sent
by first class mail,postage prepaid,two days after the date of mailing.
If to OC: Executive Director
Siskiyou
t�pportunity
Center
1516 South Mt.
Shasta Blvd
Mt. Shasta,CA
96067
Phone: 53Q-926-4698
Fax: 530-926-0689
If to Consultant: Attention: Solid Waste Utility
City of Redding
P.O. Box 496071
Redding, CA 96049-6Q71
I'hone: 530-224-6201
� Fax: 530-244-6212
B. Any oral notice authorized by this agreement shall be given to the persons specified in Section
19.A.and sha11 be deemed to be effective immediately.
C. Unless otherwise stated in this agreement, any written or oral notices on behalf of the
County as provided for in this agreement may be executed and/or exercised by the County
Executive Officer or his/her designee.
�ECTIC?N 1$. AGREEMENT PREPARATI€ON
It is agreed and understood by the Parties that this agreement has been arrived at thraugh
negotiation and that neither Party is to be deemed the Party which created any uncertainty in this
agreement within the meaning of section 1654 of the Civil Code.
SECTIOIV 19. COUN'I'ERPARTS/ELECTRONIC,FACSIMILE, AND PDF SIGNATURES
This agreement may be executed in any number of counterparts, each of which will be an
original, but a11 of which together wili constitute one instrument. Each Party of this agreement
agrees to the use of electronic signatures, such as digital signatures that meet the requirements of
the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code§§ 1633.1 to
1633.17), for executing this agreement. The Parties further agree that the electronic signatures of
the Parties included in this agreement are intended to authenticate this writing and to have the
same force and effect as manual signatures. Electronic signature means an electronic sound,
symbol, or process attached to or logically associated with an electronic record and executed or
adopted by a person with the intent to sign the electronic record pursuant to the CUETA as
amended from time to time. The CITETA authorizes use of an electronic signature for
transactions and contracts among Parties in California, including a government agency. Digital
signature means an electronic identifier, created by computer, intended by the party using it to
have the same force and effect as the use of a manual signature, and shall be reasonably relied
upon by the Parties. For purposes of this section, a digital signature is a type of "electronic
signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. Facsimile signatures
or signatures transmitted via pdf document shall be treated as originals for all purposes.
IN ITNESS W E E F, QC and City have executed this agreement on the day and y�ar set forth
below. By their signatures below, each signatory represents that he/she has the authority to execute this
agreement and to bind the Party on whose behalf his/her execution is made.
CITY C1F REDDING,
A Municipal Carporation
ate : , 2
A Y TIPPIll�, City anager
ATTEST: APPIZOVED AS TC) FOI2M:
SHARLENE TIP'I'Ol�T, City Clerk CI31tISTIAN CURTIS, City Attorney
SIS YOU C UNTY C1PP T�TTNIT�'
CENTER
�
a�ed: r�p� /`� ,20 Z-S :� `�
� C CE VANTES,Executive ire�tor
'I'I�E F XE F'TI l�T
TOs � Office of Planning and Research FROM: City ofRedding
14170 Tenth Street,Room 121 Pu�lic Warks Department
Sacr�amento; CA 95814 7'�'7 Cypress Avenue
Redding, CA 96001
� Sllasta County Clerk
County of Shasta
P.+O. Box 990880, 1643 Market Street
Redding, CA 96499-08$0
Prajeet Title� Selvice Agl�eeme�lt r�rith Siskiyou Q�portunitv Center
Froject Lacatian—Specific. 2255 Abernathy Lane
P'rc�ject Locatian—City: Reddin�Project Location—County; Shasta
�escriptiQn of�roject: The City af Redding wi11 enter into a �ervice a�reernent witl7 tl�e Siskiy,ou O�pnrtuility Center
for recyclable material sortin� services for the Solid Waste LTtility. The serVice agY•eement lias an initial t�rm of three�3)
�ars, with two(2)optional one(1)year extensions.
Narne of Pu�blic Agency Approving Project: Cit�Reddin�
I�iarn�of Person or Agen�y Carrying Qut Praject.Paul Cleinens Assistant Fublic Works Director
�xempt St�tus: (check one)
❑ Ministerial [Sectioz�21(?80(b)(l); 152b8]
❑ �eclared Einergency [Section 21080(b){3); 152b9(a)]
� Etnergency Project[Section 210$0(b)(4); 15269(b)]
Cl Statutory Exemptians. State code number:
❑ Cotnmon Set�se Exemption{This project does nat fall within an exempt class,but it can be seen with certainty that there is
no possibility that the activily may have a significant effect on the environment(14 CCR 15061[b][3]).
� Categorical Exemptioiz. Stafie type and sectian 1�umber: Section 15301. Existiii�Facilities
� Na exceptians apply thafi would bar�he use of a cate�orical exernption{PRD 21084 and 14 CCR 15300.2}.
I2easons;why project is exempt. Class 1 exelnptions include the operation, i�epair, maintenance, pertnittin� (easing,
licensin�, or minar alteration of existin� facilities structures or tapographical features involving ne�li�i6'le or i�o
expansian of use, The Siski o� C7� op rtunity Center will provide recyclable material sortin� services at the existing
recvclin� facility, and the Service Agreement will allow f�r continuation of an existing oper•ational activity The action
will t�ot result in exparision of use. This action has no potential to have a significant effect on the enviroi��nent.
Lead Agency�ontac�Person.Amber Kelle� Telephone: 530.225.4046
If Ffled by Applicant.
l. Attach certified rloculnent of exelnptian finding.
2. Has a notice of exemptian been filed by tlle publ'rc agency approving the project? ❑ Yes ❑Na
��
d���""� �
Signature:,°`� .� �' ��,����.�?.� �- Iaate° � �.
T'ztle, Environmer�tal Com lia��nce ��, nager
�Signed by Lead Agency Date received far filing at OPR:
❑ Signed by Applicant
L�,�<�i•a�r ; �a. � ��;r7-,