5.7 Technical Assistance Program
Contractor will provide to the City an outreach and technical assistance plan to address implementation of SB 1383 requirements.
5.7.1 Site Visits and Waste Assessments
Contractor will include an outreach and technical assistance plan in the AB 341, AB 827, AB 1826, and SB 1383 Implementation Plan identifying the site visit schedule for which to send a Contractor representative to visit each Multi-Unit Residential Premises and Commercial March 22, 2022 77 City of Gardena
Generator’s Premises for the purpose of assessing how much Source Separated Recyclable Materials and Source Separated Organic Waste is being Disposed; assessing Source Separated Recyclable Materials and Source Separated Organic Waste Collection service level needed to meet the requirements of SB 1383, and requiring all Generators to establish Source Separated Recyclable Materials and Source Separated Organic Waste Collection service. Contractor shall also notify Customers of opportunities to reduce costs by enrolling in Source Separated Recyclable Materials and Source Separated Organic Waste Collection service and reducing Gray/Black Container Waste service. Contractor shall contact Multi-Unit Residential Premises and Commercial Customers and provide site visits according to the City-approved schedule.
Contractor will also provide a site visit to any Multi-Unit Residential Premises and Commercial Generator that requests a site visit, even if it is ahead of schedule. Any internal Recycling programs or third-party Recycling programs that the Contractor encounters while conducting Customer site visits shall be documented using a City-approved electronic reporting form and provided in an electronic format such as a cloud-based file-sharing system that can be accessed by the City or its representatives.
Beginning January 1, 2022, and annually thereafter, Contractor representative shall follow up with Multi-Unit Residential Premises and Commercial Generators who are required to participate in Source Separated Recyclable Materials and Source Separated Organic Waste Collection service under Applicable Law, including but not limited to AB 341, AB 1826, and SB 1383. The Contractor shall ensure that these Generators are participating in the Source Separated Recyclable Materials and Source Separated Organic Waste Collection Service. If the Generator is not in compliance or not participating, the representative shall assist the Customers with selecting appropriate Containers and Container sizing, identifying acceptable Discarded Materials Collection services as set forth, and attempt to resolve any logistical barriers to providing Source Separated Recyclable Materials and Source Separated Organic Waste Collection service. Contractor shall provide ongoing, on-site training for Commercial Generators’ staff, including, but not limited to: management, kitchen staff, service employees, and janitorial staff; and Multi-Unit Residential Premises Customers’ staff, including but not limited to: the property manager, janitorial staff, maintenance, and any other on-site staff members or contractors that handle Discarded Materials processes.
For each on-site waste assessment conducted by Contractor, Contractor shall include documentation of the items listed below. City reserves the right to request Contractor’s documentation of additional information and shall authorize the format for required information.
a) Pictures of material in all Containers
b) Characteristics of the property, business, and Generator type c) Written recommendations for the appropriate service Level for each material type d) Provision of outreach and education materials appropriate to the Generator type March 22, 2022 78 City of Gardena
e) Determination of signage placement
f) Determination of any on-going training needs
g) Determination of any access needs
h) Documentation of any special service needs, (such as, but not limited to, seasonal, automated on-call compactor, etc.)
i) Documentation of records of communications with the Generator In addition to the site visit requirements stated above, the Contractor shall assist the City in complying with the requirements included in AB 827, and Section 18984.9(b) of SB 1383. During the site visits required in Section 5.7.1, Contractor shall provide educational material (to be provided by City) to businesses that meet the requirements of AB 827 and Section 18984.9(b) of SB 1383, and make notation of the name of the business, the business address, business contact information, and business compliance or non-compliance.
5.7.2 Record Keeping and Reporting Requirements
Contractor shall maintain records of all technical assistance activities and educational materials conducted pursuant to this Section and submit reports to the City in accordance with Article 8.
5.8 Universal Enrollment Monitoring
Contractor shall assist the City in ensuring that the enrollment of Generators occurs in a timely and efficient manner. In accordance with Section 8.3, Contractor shall maintain records and provide reports necessary for the City to verify the enrollment of Generators.
At least one (1) time per year, Contractor shall reconcile and confirm universal enrollment of Generators by comparing its Customer list to parcel information and calculating the percentage of total Generators enrolled in City’s Collection program. As part of this analysis, Contractor shall provide the City with a summary of any discrepancies found between the Customer list and parcel information, including the names and addresses of all Generators that were found to be the subject of a discrepancy. Contractor shall also provide a list of Generators that are not enrolled in the City’s Collection program due to the provision and approval of a waiver pursuant to Section 5.2.5, including the name, address, and type of waiver for each Generator.
In accordance with Article 8, Reports, Contractor shall maintain records and provide reports on the Generators’ service level and list of non-enrolled Generators, and other information necessary for the City to verify the universal enrollment of Generators.
March 22, 2022 79 City of Gardena
ARTICLE 6:
CONTRACTOR COMPENSATION AND RATES
6.1 General
Contractor Compensation provided for in this Article shall be the full, entire and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, Disposal, Recycling, Processing, transfer, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed.
Contractor will perform the responsibilities and duties described in this Agreement in consideration of the right to receive compensation for services rendered at maximum rates fixed by City from time-to-time. City shall have the right to structure those maximum rates as it deems appropriate so long as the revenues forecasted to be received by Contractor from charging rates not in excess of the maximum set forth herein can reasonably be expected to generate sufficient revenues to provide for Contractor Compensation as calculated in accordance with this Agreement.
6.2 Initial Rates
The rates for the Contract Year ending June 30, 2023 shall not exceed those set forth in Exhibit 2 hereto, unless amended by a written amendment to this Agreement entered into by and between the City and the Contractor. Contractor has reviewed these maximum rates and agrees they are reasonably expected to generate sufficient revenues to provide adequate Contractor Compensation. Unless and until the maximum rates set forth on Exhibit 2 are adjusted, Contractor will provide the services required by this Agreement, charging no more than the maximum rates authorized by Exhibit 2, except as provided herein and in Section 6.3.
6.3 Schedule of Future Adjustments
Subject to majority protest proceedings, beginning with Contract Year 2 (July 1, 2023 to June 30, 2024) and for all subsequent Contract Years, the maximum rates shown in Exhibit 2 shall be adjusted based on the method of adjustment described in Section 6.4.
6.4 Method of Adjustments
6.4.1 General
Pursuant to Section 6.3, Contractor shall submit its request in writing, to be received by City in person or via certified mail, by March 1 of the same year its revised rate schedule for the subsequent year to the City Manager or their designee for review and approval according to the formula shown in Exhibit 3. Annual adjustments shall not exceed an amount greater than two percent (2.0%) more than the percentage increase in the Consumer Price Index-All Items Less Energy for the Los Angeles-Long Beach-Anaheim, CA, All Urban Consumers, Not Seasonally Adjusted (CUURS49ASA0LE), for the corresponding one-year period used to measure the March 22, 2022 80 City of Gardena
change in the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection (CUUR0000SEHG02) - U.S. City average. All future adjustments to be effective July 1 shall be based on the rates described in the Contractor’s Rate Proposal. Notwithstanding the above, the annual rate adjustment to the maximum rates shall be subject to the requirements included in Section 6.4.1.1.
6.4.1.1 Majority Protest Proceedings
a) The annual rate adjustment may take effect only after it has been adopted and passed pursuant to a majority protest process. The annual rate adjustment shall be enacted consistent with Government Code § 53756, such that no prior approval of an annual rate adjustment may exceed a period of five (5) years.
b) Commencing from the date of adoption for any annual rate adjustment, such adjustments shall continue automatically on a year-to-year basis for a period not to exceed five (5) years after the date such adjustments were adopted in accordance with a majority protest process in accordance with Government Code § 53756.
c) At the end of the five-year period, there shall be no further adjustments to the maximum rates unless or until further automatic adjustments are adopted through a subsequent majority protest process in accordance with Government Code § 53756.
Contractor is required to mail majority protest notices to all Customers. Contractor is responsible for all costs incurred for copying and mailing of notices.
6.4.1.2 Indemnification
Contractor shall indemnify, defend and hold harmless the City, their officers, employees, agents and volunteers, (collectively, indemnitees) from and against all claims, damages, injuries, losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including attorneys’ and expert witness fees, expenditures for investigations, and administration) and costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against Contractor or any of the indemnitees resulting in any form from the City’s establishing maximum rates for service under this Agreement or in connection with the application of California Constitution Articles XIIIC and Article XIIID to the imposition, payment or collection of rates and fees for services provided by Contractor under this Agreement. Notwithstanding the foregoing, this indemnity shall not extend to any portion of the rates that is not associated with Contractor’s costs in providing service, such as governmental fees, Franchise Fees or charges, nor shall it apply to any loss arising directly from the negligence of City, its officers and employees. Nothing herein is intended to imply that California Constitution Articles XIIIC or XIIID, apply to the setting of rates for the services provided under this Agreement, rather this Section is provided merely to allocate risk of loss between the Parties.
March 22, 2022 81 City of Gardena
6.4.1.3 No Waiver of City Council Discretion at Hearings With respect to all matters submitted to the City Council or other administrative decisionmaking body for hearing, this Agreement does not waive or limit the City's police powers (which police powers the parties acknowledge cannot be contractually waived) nor does anything in this Agreement waive or limit the exercise of discretion inherent to the City Council or other administrative decision-making body. However, the City will warrant that requests for rate adjustments will be heard and considered in the exercise of good faith on the part of the City. The City's decision on matters submitted to a public hearing will be made at or after the public hearing, not beforehand. While Contractor’s failure to comply with the terms hereof could be a default leading to termination of this Agreement, in no case will City’s failure to approve any items submitted to it for hearing (per Section 6.4 or otherwise) be a default hereunder, and, subject to the requirements of due process, City bears no liability to Contractor for any damages suffered by Contractor as a result of a hearing outcome.
6.4.1.4 Majority Protest Contract Remedy
If an annual rate adjustment requested in accordance with Section 6.4 is verified for accuracy by the City and not implemented solely as a result of a 50% protest, Contractor may either: 1) accept that the rate will remain at the rates in effect prior to the requested rate increase, or 2) submit in writing to the City its intent to terminate the Agreement. A request to terminate the Agreement under this section would require a two-year advance written notice and must be submitted within 90 days of the denial of the rate increase request as a result of the 50% protest. This right to terminate does not apply to rate adjustments requested under Section 6.5 or any other section of this Agreement, or for any other reason other than requests under Section 6.4.
6.4.2 Rate Adjustment Calculation
Subject to approval by majority protest proceedings and subject to the limitations set forth in Section 6.4.1.1 above, approved Contractor compensation shall be based on the percentage change in the average annual published Consumer Price Index for Trash and Garbage Collection (CUUR0000SEHG02), U.S. City average, as published by the United States Department of Labor, Bureau of Labor Statistics, between the 12 months ended January prior to the Contract Year anniversary date, and the 12 months ended the prior January. For example, for the first rate increase effective July 1, 2023, the change in indices shall be measured as the percentage change from the average of the monthly indices for 12 months ending January 2022 to the average of the monthly indices for the 12 months ending January 2023. An example calculation is included in Exhibit 2A. If the index is discontinued, an alternative index must be approved by the City Manager.
If the rate adjustment calculation is calculated to be 0% or less, there shall be no changes to charges and rates during the Contract Year corresponding the rate adjustment calculation.
In the case of a calculated rate decrease, the amount of such decrease shall be carried forward as an offset to future rate increases.
March 22, 2022 82 City of Gardena
6.5 Extraordinary Adjustments
Contractor or City may request an adjustment to maximum rates at reasonable times other than that allowed under Section 6.3 in the event of extraordinary changes in the cost of providing service under this Agreement. Such changes shall not include changes in Source Separated Recyclable Materials and/or Source Separated Organic Waste Processing costs, changes in the market value of Recyclable Materials from the values assumed in Contractor’s Proposal, inaccurate estimates by the Contractor of its proposed cost of operations, unionization of Contractor’s work force, or change in wage rates or employee benefits. Contractor may request an extraordinary adjustment based on changes in a direct per ton fee assessed at the Disposal Site by federal, State or local regulatory agencies after the Effective Date. Extraordinary rate adjustments shall only be effective after approval by City Council, may not be applied retroactively and shall undergo a majority protest process if such adjustments increase rates above those currently in effect.
For each request for an adjustment to the maximum rates that Contractor may charge Customers brought pursuant to this section, Contractor shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. Contractor shall also submit a schedule showing how its total costs and total revenues have changed over the past three years for the services provided under this Agreement.
Contractor shall provide to City a report of its annual revenues and expenses for the services provided in the City prepared by a Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code of Regulations, Title 16, Chapter I. Such Certified Public Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no financial interest whatsoever in the business of the Contractor. City shall have right to audit this information in connection with the City’s review of Contractor’s rate adjustment request. City shall review the Contractor’s request and, in City’s sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. The City’s approval of an extraordinary rate adjustment request made in response to a change in the City of Gardena’s Municipal Code shall not be unreasonably withheld. City may consider increases or decreases in the Contractor’s total revenues and total cost of services when reviewing an extraordinary rate adjustment request. A rate adjustment request made in response to a new service requested by City will be determined in accordance with Section 2.10.
6.6 Change in Approved Disposal Facility
Contractor or City can request a rate increase or decrease due to a change in the Approved Disposal Facility location. Transportation costs, as well as gate rates, will be considered. Any change in the Approved Disposal Facility selected for use by Contractor must be approved by March 22, 2022 83 City of Gardena
the City in advance. A rate adjustment for change of the Approved Disposal Facility will not become effective until approved by the City Council and will not be retroactively applied.
March 22, 2022 84 City of Gardena
ARTICLE 7:
REVIEW OF SERVICES AND PERFORMANCE
7.1 Performance Hearing
City may hold a meeting or a public hearing annually to review Contractor’s Solid Waste Collection efforts, source reduction, Processing and other diversion services, and overall performance under this Agreement (the “Solid Waste Services and Performance Review Meeting”). The purpose of the Solid Waste Services and Performance Review Meeting is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, Processing and Disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided by Contractor with adequate quality, effectiveness and economy, and in full compliance with the terms of this Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review Meeting shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, Customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory constraints, results of route audits, and Contractor performance. City and Contractor may each select additional topics for discussion at any Solid Waste Services and Performance Review Meeting.
City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review Meeting at least sixty (60) days in advance thereof. Thirty (30) days after receiving notice from City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a report to City which may contain such information as it wished to have considered, and shall contain the following:
a) Current diversion rates and a report on Contractor’s outreach activities for the past year. b) Recommended changes and/or new services to improve City's ability to meet the goals of AB 939, AB 341, AB 1826, SB 1383, and any current or future regulations, and to contain costs and minimize impacts on rates. A specific plan for regulatory compliance shall be included.
c) Any specific plans for provision for new or changed services by Contractor.
The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Contractor’s performance, and Contractor may submit other relevant performance information and reports for consideration at the Solid Waste Services and Performance Review Meeting. In addition to the above, City may request Contractor to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Meeting, and any Customer may submit comments or complaints during or before the Meeting, either orally or in writing. Contractor shall be present at and participate in the Solid Waste Services and Performance Review Meeting.
March 22, 2022 85 City of Gardena
As a result of its findings following any Solid Waste Services and Performance Review Meeting, City may require Contractor to provide expanded or new services within a reasonable time and City may direct or take corrective actions for any performance inadequacies (although nothing contained in this provision should be construed as requiring City to hold a Solid Waste Services and Performance Review Meeting in order to enforce any rights or remedies it has pursuant to the terms hereof.) Should City require expanded or new services as a remedy for Contractor’s failure to perform its obligations hereunder, no additional compensation shall be due for such services.
7.2 Performance Satisfaction Survey
Contractor will conduct a survey at Contractor’s expense at request of City or in preparation for this hearing, but not more than once every two years. The purpose of the survey is to determine Customer satisfaction with current Collection services and Customer service provided by the Contractor. Survey will be distributed to a minimum of 10% of Residential Customers and 10% of Commercial Customers, selected at random. Contractor will prepare separate Residential and Commercial Customer surveys and will seek City approval of survey content and format prior to distribution and will incorporate City content, if City requests. Survey results must be made available to the City 30 days prior to hearing.
March 22, 2022 86 City of Gardena
ARTICLE 8:
RECORDS, REPORTS AND INFORMATION REQUIREMENTS
8.1 General
Contractor shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with Applicable Laws and regulation and to meet the reporting and Solid Waste program management needs of City. To this extent, such requirements set out in this and other Articles of this Agreement shall not be considered limiting or necessarily complete. In particular, this Article is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency.
8.2 Records
8.2.1 General
Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained data/records shall be protected and backed up. All records shall be maintained for five (5) years and shall continue to be available for five (5) years after the expiration of this Agreement. After minimum holding periods are met, Contractor will notify City 90 days before destroying records.
Contractor shall maintain adequate records, and corresponding documentation, of information required by this Agreement, such that the Contractor is able to produce accurate monthly and annual reports and is able to provide records to verify such reports. Contractor will make these records available and provide to the City any record or documentation necessary for the City to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 901, SB 1383, and other current or future federal, State, or local regulations, as amended.
Upon request by the City, Contractor shall provide access to Contractor’s requested records in a timely manner, not to exceed ten (10) Business Days from the time of City’s request to Contractor.
Contractor agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official representatives during normal business hours. Account histories shall be accessible to the City by computer for a minimum of five (5) years. City may review or utilize any of the records described in this section for any purpose whatsoever.
March 22, 2022 87 City of Gardena
8.2.2 Financial Records
Financial records shall be maintained and expense and revenue information for City shall be segregated from other areas served by Contractor.
Where the allocation of expenses or revenues to various categories of Customers is required to develop equitable rates that reflect the cost of service, Contractor shall segregate such expenses and revenues.
Contractor shall maintain at least the following records:
a) Reviewed financial statements for Contractor or, if a guarantee was provided, for the parent Contractor guarantor as a whole;
b) Financial statements (compiled, reviewed or audited) of revenue and expense for this Agreement (including without limitation those operations of Contractor in City and surrounding jurisdictions which are not covered by this Agreement); and, c) Complete descriptions of related party transactions (corporate and/or regional management fees, inter-Contractor profits from transfer, Processing or Disposal operations).
8.2.3 Solid Waste Records
Contractor shall maintain and make available to the City upon request the following records relating to its operations pursuant to this Agreement:
a) Customer services and Billing/City payment records;
b) Records of tons Collected, Processed, Diverted and Disposed by waste stream (Refuse, Source Separated Recyclable Materials, Source Separated Organic Waste), by Customer type (Single-Unit, Multi-Unit, Commercial, and Roll-Off Box), and the Facilities (Transfer Station, MRF, Organic Waste Processing Facility, or landfill) where such material was taken;
c) Quantity of Source Separated Recyclable Materials recovered by material type, as well as quantity of material Diverted from landfills in compliance with AB 939; d) Special cleanup event results and Special Event tonnages, including tons Disposed and Diverted;
e) Routes;
f) Facilities, equipment and personnel used;
g) Facilities and equipment operations, maintenance and repair; March 22, 2022 88 City of Gardena
h) Number and type of Refuse, Source Separated Recyclable Materials and source Separated Organic Waste Containers in service;
i) Complaints; and,
j) Missed pickups.
8.2.4 CERCLA Defense Records
City views the ability to defend against the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), State Hazardous Substance Law, and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Solid Waste Collected in the City was taken for Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which can establish where Solid Waste Collected in the City was landfilled (and therefore establish where it was not landfilled) and provide a copy or summary of the reports required in Section 8.3 for five (5) years after the term during which Collection services are to be provided pursuant to this Agreement, or to provide copies of such records to City. Contractor agrees to notify City’s Risk Manager and City Attorney before destroying such records and to offer records to the City. This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement.
8.2.5 Disposal Records
Contractor shall maintain records of Disposal of all Solid Waste Collected in City for the period of this Agreement and all extensions to this Agreement or successor Agreements. In the event Contractor discontinues providing Solid Waste services to City, Contractor shall provide all records of Disposal or Processing of all Solid Waste Collected in City within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted.
8.2.6 Compilation of Information for State Law Purposes Contractor shall maintain accurate records for its operation, including, but not limited to, Discarded Materials quantities Collected and quantities Transported to or Transferred to each Approved Facility, listed separately by material type, Customer type, and Facility. Records shall be maintained in such form by methods that facilitate the use of data for the production of reports as needed. Contractor will make these records available and provide to the City any record or documentation necessary for the City or County to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 1826, AB 876, AB 901, AB 1595, SB 1383, and other current or future federal, State, or local regulations, as amended.
8.2.7 Other Programs' Records
Records for other programs shall be tailored to specific needs. In general, they shall include:
a) Plans, tasks, and milestones; and,
March 22, 2022 89 City of Gardena
b) Accomplishments in terms such as dates, activities conducted, quantities of products used, produced or distributed, and numbers of participants and responses.
8.2.8 Cost of Audit
City may conduct an audit of Contractor at any time. The scope of the audit, and auditing party, will be determined by City and the scope may include, but is not limited to:
a) Compliance with terms of this Agreement;
b) Customer service levels and Billing;
c) Fee payments;
d) Receipts;
e) Tonnage;
f) Complaint log;
g) Compliance with Mandatory Commercial Recycling, Mandatory Commercial Organics Recycling, and SB 1383; and,
h) Verification of Diversion rate.
The first audit, to be performed during 2024, will be based on the Contractor’s reports and records for the eighteen months ending December 31, 2023. Audits will be performed every other year thereafter (the biennial audit). Contractor will reimburse to the City the cost of such audits for each subsequent biennial audit. Up to seventy thousand dollars ($70,000) will be reimbursed for 2023 audit and shall be increased annually by two percent (2%).
Should an audit by the City disclose that Franchise or other fees payable by the Contractor were underpaid by three percent (3%) or more, or that more than two percent (2%) of the sampled Customers’ rates were inaccurately billed, for the period under review, Contractor shall pay for additional audit costs, if City determines it is necessary to expand the scope of the audit.
8.2.9 Payments and Refunds
Should an audit by the City disclose that the Franchise Fees payable by the Contractor were underpaid or that Customers were overcharged for the period under review, Contractor shall pay to City any underpayment of Franchise Fees and/or refund to Contractor's Customers any overcharges within thirty (30) days following the date of the audit. Should an audit disclose that Franchise Fees were overpaid, City shall refund to Contractor the amount of the overpayment within the same time frame.
March 22, 2022 90 City of Gardena
8.3 Reports
8.3.1 Report Formats and Schedule
Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City. In addition to submitting all reports on paper, Contractor agrees to submit all reports in an electronic format approved by City, compatible with City’s software/computers at no additional charge. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things:
a) Determine and set rates and evaluate the efficiency of operations; b) Evaluate past and expected progress towards significantly exceeding AB 939 goals and objectives and complying with SB 1383 requirements;
c) Determine needs for adjustment to programs; and,
d) Evaluate Customer service and complaints.
Monthly reports shall be submitted within twenty (20) calendar days after the end of the calendar month. Quarterly reports shall be submitted within thirty (30) calendar days after the end of the calendar quarter. Annual reports for which a date is not otherwise specified in this Agreement shall be submitted within thirty (30) calendar days after the end of the calendar year.
If requested, Contractor’s complaint summary, described in Section 5.2.2, shall be sent to the City Manager within five (5) days of request. All reports shall be submitted electronically to:
City Manager (or designated representative)
City of Gardena
1700 West 162nd Street
Gardena, CA 90247
8.3.2 Monthly Reports
The information listed shall be the minimum reported:
a) Gross receipts for the month by sector (Residential, Commercial, Roll-Off) b) Tonnage Report
1. Contractor shall report the total quantities in Tons of Discarded Materials Collected, Transferred, Processed, and Disposed by the Contractor, all of which shall be based on actual certified scale weights for each load, if available, or similarly accurate methodology pursuant to weighing protocols in Section 6.4 of Exhibit 6. Tonnage shall be reported separately by:
a. Material type, which shall include, at a minimum, separate reporting of March 22, 2022 91 City of Gardena
Source Separated Recyclable Materials, Source Separated Organic Waste, Gray/Black Container Waste, and any other type of Discarded Material separately Collected by Contractor (including, but not limited to: Bulky Items, used oil, mixed C&D, dirt, rock, metals, cardboard, wood waste, reusable items, salvageable materials, etc.);
b. Customer/sector type (Single-Unit, Multi-Unit, Commercial Roll-off, C&D); and,
c. Approved Facility and Facility type.
2. Report Residue level and Tonnage for all Discarded Materials Processed, listed separately by material type Collected and Approved Facility(ies) used.
3. Source Separated Recyclable Materials Tonnage marketed, by commodity, and including average commodity value for each, and Processing Residue Tonnage Disposed, listed separately by material type Collected and Approved Facility(ies) used.
4. Documentation of all Discarded Materials exported out of State, as provided in 14 CCR Sections 18800 through 18813.
5. Tonnage Collected by month separately for each C&D project site and other data as it relates to the C&D services described in this Agreement. c) Collection and Subscription Report
1. Number of Containers at each Service Level by Customer Type and program, including:
a. A summary of the total gallons of Cart service, cubic yards of Bin service, and pulls; and cubic yards or Tons of Drop Box and Compactor service by Customer Type.
b. Calculation of the average volume of service received per: Single-Unit Residential Premises (separately identifying Dwelling Units in a duplex, triplex, or fourplex); Multi-Unit Residential Premises; and, Commercial Customer.
2. Documentation of the universal service enrollment process including a copy of the City-wide Generator enrollment level evaluation conducted pursuant to Section
5.8 of this Agreement.
3. List of all Commercial and Multi-Family Customers with Solid Waste service. Such list shall include each such Customer’s service address and subscribed Solid Waste, Recyclable Materials, and Organic Materials Service Levels. The list should March 22, 2022 92 City of Gardena
include all information in one line for each Customer illustrating the Service Level for each Material Type and the total Service Level for all Material Types the Customer has subscribed to.
4. Number of Bulky Item/Reusable Materials Collection events by Customer Type.
5. The total number of de minimis waivers, and physical space constraint waivers granted in the month, including the Generator name and address for each waiver.
6. The number of waiver reverifications performed by the Contractor pursuant to Section 5.2.5 of this Agreement in the month, if any, including a copy of documentation for each reverification inspection, which shall include, at a minimum: the Generator’s name, address, and Generator type; the type of waiver being verified; any photographic or other evidence collected during the inspection; and the resulting recommended conclusion by the Contractor regarding the validity of the waiver. The Contractor shall provide a summary of recommendations to the City of all waivers which the Contractor concludes to no longer be warranted.
7. Number of Bulky Item/Reusable Materials Collection pickups by Customer Type. d) Contamination Monitoring Report
The Contractor shall submit the following information regarding contamination monitoring Hauler Route reviews conducted pursuant to Section 5.5 of this Agreement:
1. The number of Hauler Route reviews conducted pursuant to Section 5.5 of this Agreement;
2. Description of the Contractor’s process for determining the level of contamination;
3. Summary report of non-Collection notices and/or contamination Processing fee assessment notices issued, which for each notice shall include the date of issuance, Customer name, and service address;
4. A record of each inspection and contamination incident, which shall include, at a minimum:
a. Name of the Customer
b. Address of the Customer
c. The date the contaminated Container was observed
d. The staff who conducted the inspection
March 22, 2022 93 City of Gardena
e. The total number of violations found, and a description of what action was taken for each
f. Copies of all notices, and enforcement orders issued or taken against Generator with Prohibited Container Contaminants
g. Any photographic documentation or supporting evidence.
5. Documentation of the total number of Containers Disposed of due to observation of Prohibited Container Contaminants;
6. A list of all Customers assessed contamination Processing fees, pursuant to Section
5.5 of this Agreement, reported separately by Single-Unit Residential Premises, Multi-Unit Residential Premises, and Commercial Customers and including the Customer name, Customer address, and reason for the assessment of the contamination Processing fee, and the total number of instances contamination Processing fees were assessed in the month and the total amount of fees collected in the month.
7. Any other information reasonably requested by the City or specified in contamination monitoring provisions of this Agreement.
e) Customer Service Report
1. Number of Customer calls listed separately by complaints and inquiries (where inquiries include requests for service information, Rate information, etc.). For Complaints, list the number of calls separately by category (e.g., missed pickups, scheduled cleanups, billing concerns, damage claims). These complaints and inquiries shall be documented and reported separately from SB 1383 noncompliance complaints or other regulatory noncompliance complaints.
2. Number of missed or incomplete Collections reported in total, and per one thousand (1,000) Service Opportunities in the City, presented in a graph format, which compares total missed Collections in the City during the current report period to total missed Collections in the City in past reporting periods.
3. Number of new service requests for each Customer type and requested service(s).
4. Contractor shall maintain a record of all SB 1383 noncompliance complaints and responses pursuant to Section 5.2.4 of this Agreement and submit the following information:
a. Total number of complaints received, and total number of complaints investigated
b. Copies of documentation recorded for each complaint received, which shall March 22, 2022 94 City of Gardena
at a minimum include the following information:
i. The complaint as received;
ii. The name and contact information of the complainant, if the complaint is not submitted anonymously;
iii. The identity of the alleged violator, if known;
iv. A description of the alleged violation; including location(s) and all other relevant facts known to the complainant;
v. Any relevant photographic or documentary evidence submitted to support the allegations in the complaint; and,
vi. The identity of any witnesses, if known.
c. Copies of all complaint reports submitted to the City, pursuant to Section
5.2.4.A of this Agreement.
d. Copies of all investigation reports submitted to the City pursuant to Section
5.2.4.B of this Agreement, which shall include at a minimum:
i. The complaint as received;
ii. The date the Contractor investigated the complaint; iii. Documentation of the findings of the investigation; iv. Any photographic or other evidence collected during the investigation; and,
v. Contractor’s recommendation to the City on whether or not the entity investigated is in violation of SB 1383 based on the Contractor’s investigation.
f) Generator Waivers
Contractor shall provide a report that documents each Generator waiver request reviewed by Contractor, which are required by Section 5.2.5. Identify in the report the Generator name and service address, the type of waiver requested, the status of the waiver (accepted, denied, pending), and other information reasonably requested by the City.
g) Education Program Report
The monthly status of activities identified in the public education plan described in March 22, 2022 95 City of Gardena
Section 5.3 of this Agreement.
h) Discarded Materials Evaluation Reports
In accordance with Section 6.6 of Exhibit 6, Contractor shall provide reports of evaluations of Discarded Materials conducted at Approved Facilities.
8.3.3 Quarterly Reports
The information listed below shall be the minimum reported:
a) A summary of the monthly reports showing Solid Waste Collected by Contractor for each month, sorted by type of Solid Waste (Refuse, Recycling, Green Waste) in tons, Customer type (Residential, Commercial and Roll-Off Box) and the Facilities where the tons were processed or disposed Diversion, contamination and residue rates shall be calculated for the quarter, based on this tonnage.
b) Gross receipts for the quarter by sector (Residential, Commercial, Roll-Off). c) Warning notices issued for contaminated Recyclable Materials and Green Waste Containers.
d) Narrative summary of problems encountered, and actions taken with recommendations for City, as appropriate.
e) Quantity of Recyclable Materials recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939; f) Description of Contractor outreach activities and copies of promotional and public education materials sent during the quarter.
g) Other information or reports that City may reasonably request or require.
8.3.4 Annual Report
In addition to the monthly and quarterly reporting requirements in Section 8.3.2 and 8.3.3, the Contractor shall provide an Annual Report, covering the most recently completed calendar year.
The Annual Report shall include the information in the following subsections. The Annual Report is to be essentially in the form and content of the monthly and quarterly reports, but shall also include:
a) A summary of the number of Containers in service as of December 31 by size (number of gallons, number of yards), sector (Residential, Commercial, Roll-Off), service frequency, and type of service (Refuse, Recycling, Green Waste).
b) A complete inventory of vehicles used to provide all services, including make, year, type, fuel used, use, California license number and whether or not it is used as a spare.
March 22, 2022 96 City of Gardena
c) Number of routes and route hours per day by type of service as of December 31. d) Other information or reports that County may reasonably request or require. e) Collection and Subscription Report
1. A summary of all data provided in the Tonnage Report section, including quarterly and annual totals and averages.
2. The type(s) of Collection service(s) provided, a list of all hauler routes serviced, and a record of the addresses served on each hauler route.
3. A summary of Customer subscription data, including the number of accounts; the total number of Generators enrolled with Contractor for service, listed separately by service level and Container type (Cart, Bin, and Roll-Off service), separately by Single-Unit Residential Premises, Multi-Unit Residential Premises, and Commercial Customers, and separately for each type of Discarded Material; and the number of Bulky Items Collections performed.
4. A detailed list of Single-Unit Residential Premises, Multi-Unit Residential Premises, and Commercial Customer information, including Gray/Black Container Waste, Source Separated Recyclable Materials, and Source Separated Organic Waste Service Levels, Customer type, and Customer service addresses reflecting Customer Service Levels as of June 30 (for the year in which the report is submitted).
5. The number of C&D Collection sites served and Tonnage Collected, Tonnage diverted, and Diversion level for each C&D Collection site. f) Processing Facility Report
1. Temporary Equipment or Operations Failure: If the Contractor is granted a Processing facility temporary equipment or operational failure waiver, in accordance with Section 4.5.15 of the Agreement, the Contractor shall include the following documents and information:
a. The number of days the Processing Facility temporary equipment waiver or operation failure waiver was in effect;
b. Copies of any notifications sent to the City pursuant to Section 4.5.15.C of the Agreement, and copies of City notices to Contractor pursuant to Section
4.5.15.C of the Agreement;
c. Documentation setting forth the date of issuance of the waiver, the timeframe for the waiver; and,
March 22, 2022 97 City of Gardena
d. A record of the tons of Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Gray/Black Container Waste redirected to an Alternative Facility or Disposed at an Approved Disposal Facility as a result of the waiver, recorded by Collection vehicle or Transfer vehicle number/load, date, and weight.
2. Quarantined Organic Waste: A record of all compliance agreements for quarantined Organic Waste that are Disposed of, including the name of Generator, date issued, location of final disposition, and the amount of quarantined Organic Waste that was required to be Disposed at a Landfill.
3. Compostable Plastics in Green Containers: Written notification that the Approved Organic Waste Processing Facility(ies) has and will continue to have the capabilities to Process and recover the Compostable Plastics included with the Source Separated Organic Waste Transported to the Approved Organic Waste Processing Facility.
4. Plastic Bags in Green Containers: Written notification to the City that the Approved Organic Waste Processing Facility has and will continue to have the capabilities to Process and recover plastic bags when it recovers Source Separated Organic Waste.
g) Public Education and Outreach Report
1. A copy of all education and outreach materials provided to Generators, or otherwise used for education and outreach efforts in accordance with Section 5.3 of the Agreement, including, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings.
2. A record of the date and to whom the information was disseminated, or direct contact made, in the form of a list that includes: the Generator's name or account name, the type of education or outreach received; the distribution date, and the method of distribution.
3. The number of Organic Generators and Commercial Edible Food Generators that received information and the type of education and outreach used.
4. For any mass distribution through mailings or bill inserts, the Contractor shall maintain a record of the date, a copy of the information distributed, and the type and number of accounts that received the information.
5. A copy of electronic media, including the dates posted of: social media posts, e mail communications, or other electronic messages.
6. Contractor shall maintain a record of all technical assistance efforts conducted March 22, 2022 98 City of Gardena
pursuant to Section 5.7 of the Agreement, including:
e. The name and address of the Customer/Generator receiving technical assistance, and account number, if applicable.
f. The date of any technical assistance conducted and the type of technical assistance, including, but not limited to: site visits, waste assessments, compliance assessments, direct outreach, workshops, meetings, events, and follow-up communications.
g. A copy of any written or electronic educational materials distributed during the technical assistance process.
7. A copy of all special event reports submitted to the City in accordance with Section
4.4.8 of the Agreement.
h) Compliance Monitoring and Enforcement Report
1. A summary of the total number of SB 1383 non-compliance complaints that were received and investigated, and the number of Notices of Violation issued based on investigation of those complaints, in accordance with Section 5.2 and Section
8.3.2.e of the Agreement.
2. The total number of Hauler Route reviews conducted pursuant to Section 5.6 of the Agreement.
3. The number of inspections conducted by type for Commercial Edible Food Generators, Food Recovery Organizations, and Commercial Businesses.
4. A copy of written and/or electronic records and documentation for all audits, studies, compliance reviews, and all other inspections conducted pursuant to Section 5.6 of the Agreement.
5. The number of Commercial Businesses that were included in a compliance review performed by the Contractor, and the number of violations found and corrected through compliance reviews, if different from the number reported in subsection
4.f. of this Section; including a list with each Generator's name or account name, address, and Generator type.
6. The total number of Notices of Violation issues categorized by type of Generator.
7. The number of enforcement actions that were resolved, categorized by type of Generator.
8. Copies of all written notices, violations, educational materials, or other March 22, 2022 99 City of Gardena
enforcement mechanisms issued to noncompliant Generators. i) Food Recovery Program Support
1. The number of Food Recovery Services and Food Recovery Organizations located and operating within the City that contract or have written agreements with Commercial Edible Food Generators for Food Recovery.
2. The number of Generators participating in the Edible Food recovery program, as described in Section 4.3.7 of the Agreement.
j) Vehicle and Equipment Inventory
1. A list of all vehicles used in performing services under this Agreement including license plate number, VIN, make, model, model year, purchase date, engine overhaul/rebuild date (if applicable), and mileage at June 30.
2. If applicable, the name, physical location, and contact information of each entity, operation, or facility from whom the RNG was procured.
3. If applicable, the total amount of RNG procured by the Contractor for use in Contractor vehicles, in diesel gallon equivalents (DGE), including copies of any receipts, invoices, or other similar documentation evidencing procurement. In addition to the amount procured, Contractor shall include the total amount actually used in Contractor vehicles in the calendar year, if these values are different.
k) Customer Revenue and City Fee Payment Report. Provide a statement detailing Gross Revenue from all operations conducted or permitted pursuant to this Agreement and report of all City fees paid in accordance with Article 3 of this Agreement. The Annual Report is to be essentially in the form and content of the quarterly report, but shall also include:
1. A summary of the number of Containers in service as of December 31 by size (number of gallons, number of yards), sector (Residential, Commercial, Roll-Off), service frequency, and type of service (Refuse, Recycling, Green Waste).
2. A complete inventory of vehicles used to provide all services, including make, year, type, fuel used, use, California license number and whether or not it is used as a spare.
3. Number of routes and route hours per day by type of service as of December 31.
4. General information about the Contractor and its most recent annual report.
March 22, 2022 100 City of Gardena
5. Other information or reports that County may reasonably request or require.
8.4 Reporting Adverse Information
Contractor shall provide City an electronic copy to the City Manager and the City Attorney of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor’s performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission or any other federal, State or local agency, including any federal or State court.
Copies shall be submitted to City simultaneously with Contractor’s filing or submission of such matters with said agencies. Contractor’s routine correspondence to said agencies need not be routinely submitted to City but shall be made available to City promptly upon City’s written request.
8.5 Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor or its related party entities that City shall deem, in its sole discretion, necessary to evaluate annual reports, compensation applications provided for in this Agreement and Contractor's performance provided for in this Agreement. Contractor shall make all records and documents to be reviewed and inspected by the City as a part of any audit or other record review conducted by the City, available for the City’s review, inspection and copying within five business days (excluding Saturday, Sunday and holidays included in Section 4.5.1) of receiving written notice from the City requesting the same.
8.6 Failure to Report
The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement as described in Section 11.1 and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise.
8.7 Public Records
All reports made to the City pursuant to this Agreement shall be deemed public records for purposes of the City’s use, any litigation, and public records requests made pursuant to the California Public Records Act (Statutes of 1968, Chapter 1473; currently codified as California Government Code §§ 6250 through 6276.48).
March 22, 2022 101 City of Gardena
ARTICLE 9:
INDEMNIFICATION, INSURANCE AND BOND
9.1 General Indemnification
Without regard to the limits of any insurance coverage, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless (to the full extent permitted by law) City and its officers, officials, employees, volunteers, and agents from and against any and all claims, liability, loss, injuries, damage, expense, and costs (including without limitation costs and fees of litigation, including attorneys’ and expert witness fees) (collectively, “Damages”) of every nature arising out of or in connection with Contractor’s performance, and the performance of any Subcontractor, or agent of Contractor, under this Agreement, or its failure to comply with any of its obligations contained in the Agreement, except to the extent such loss or damage was caused by the negligence or willful misconduct of City. This Section 9.1 shall survive the expiration or termination of this Agreement and shall not be construed as a waiver of City’s legal and/or equitable rights as defined herein and permitted under Applicable Law.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE
GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
9.2 Hazardous Substance Indemnification
A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City), reimburse, indemnify, and hold Indemnitees harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that:
1. Results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnitee is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or
2. Relates to material Collected, transported, recycled, processed, treated or disposed of by Contractor.
B. Contractor’s obligations pursuant to this section shall apply, without limitation, to:
March 22, 2022 102 City of Gardena
1. Any Claims brought pursuant to or based on the provisions of any Environmental Law;
2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any Facility;
3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, Processing or use of any materials recovered by Contractor;
4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement.
C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor.
D. For purposes of this section, the term "Hazardous Contaminant" shall mean any Hazardous Substance any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material.
The term "Hazardous Contaminant" shall also include any and all amendments to any referenced statutory or regulatory provisions made before or after the date of execution of this Agreement.
E. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR
EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION
AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
9.3 Related to AB 939, AB 341, and SB 1383
Contractor’s duty to defend and indemnify herein includes all fines and/or penalties imposed by CalRecycle, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 are not met by the Contractor with respect to the Contractor’s obligations under this Agreement, and such failure is: (i) due to the failure of Contractor to meet its obligations under this Agreement; or, (ii) due to Contractor delays in providing information that prevents Contractor or City from submitting reports to regulators in a timely manner. This indemnity is subject to the provisions of Public Resources Code § 40059.1.
9.4 Insurance
City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid defense and hold harmless agreements, because of acceptance by City or the deposit with City by Contractor of the insurance policies described in this provision.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
March 22, 2022 103 City of Gardena
1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01).
2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25.
3. Environmental/Pollution Liability Insurance in a form acceptable to the City Attorney.
4. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
B. Minimum Limits of Insurance. Contractor shall maintain in force for the term of this Agreement limits no less than:
1. Comprehensive General Liability: Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, Personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies.
2. Automobile Liability: Five Million Dollars ($5,000,000) combined single limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies.
3. Environmental/Pollution Liability Insurance. Five Million Dollars ($5,000,000) per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party cleanup of the City’s property and third-party cleanup, and bodily injury costs if pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to acts, errors or omissions arising out of, or in connection with, Contractor’s scope of work under this Agreement. Coverage shall also apply to non-owned deposit sites (“NODS”) that shall protect against, for example, claims regarding bodily injury, property damage, and/or cleanup costs involving NODS. Coverage is preferred by the City to be occurrence based. However, if provided on a claims-made basis, Contractor warrants that any retroactive date applicable to coverage under the policy precedes the Effective Date of this Agreement, and that continuous coverage shall be maintained, or an extended discovery period will be exercised through completion or termination of this agreement for a minimum of five (5) years. This provision does not limit or alter any rights or remedies to City allowable under this agreement and/or applicable law in perpetuity.
4. Technology Professional Liability Errors and Omissions Insurance: (Cyber Liability) appropriate to the Contractor’s profession and industry practice, March 22, 2022 104 City of Gardena
with limits not less than Two Million Dollars ($2,000,000) per occurrence.
Coverage for cyber risks shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor under this Agreement and shall include, but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response notification and remediation costs, regulatory fines and penalties, credit monitoring expenses, electronic funds transfer losses, electronic data restoration expenses, and business interruption costs with limits sufficient to respond to these obligations, in the sole discretion of the City Attorney.
5. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City, which approval shall not be unreasonably withheld. If, in the reasonable opinion of City, Contractor does not have sufficient financial resources to protect City from exposure with respect to any deductibles or self-insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects City, its officials, employees and agents; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability Environmental Liability and Automobile Liability Coverages
a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers.
b) Contractor's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officials, elective and appointive boards, March 22, 2022 105 City of Gardena
commissions, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers.
d) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Contractor for City.
3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City.
E. Scope of Coverage. All of the above policies of insurance shall be primary insurance and shall name the City, its electives and appointive boards, commissioners, officials, officers, employees, and agents as additional insureds.
The insurer shall waive all rights of subrogation and contribution it may have against the City, its electives and appointive boards, commissioners, officials, officers, employees, agents, and their respective insurers. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 9.4 to the City.
F. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category XIII or larger and a rating classification of A or better.
G. Verification of Coverage. Simultaneously with the execution of this Agreement, Contractor shall furnish City with certificates of insurance evidencing the coverage required herein, in form and substance satisfactory to City. The certificates for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. No work under this Agreement shall commence until Contractor has provided City with the Certificate(s) of Insurance or appropriate insurance binder(s) evidencing the required insurance coverage and said Certificate(s) of Insurance or binder(s) are approved by the City, which appraisal shall not be unreasonably withheld. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. If City requests, copies of each policy, together March 22, 2022 106 City of Gardena
with all endorsements, shall also be promptly delivered to City throughout the term of the Agreement.
H. Companies and Subcontractors. Contractor shall include all Companies and Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Contractor and Subcontractor. All coverages for Companies and Subcontractors shall be subject to all of the requirements stated herein.
I. Required Cancellation Notices:
1. The certificate of insurance for the Workers' Compensation policy shall contain an endorsement in substantially the following form:
"Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to:
City Manager (or designated representative)
City of Gardena
1700 West 162nd Street
Gardena, CA 90247
2. The certificate of insurance for the Public Liability policy shall contain endorsements in substantially the following form:
a) "Thirty (30) days prior written notice shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to:
City Manager (or designated representative)
City of Gardena
1700 West 162nd Street
Gardena, CA 90247
b) "City, its officers, elective and appointive boards, commissions, employees, and agents are additional insureds on this policy." c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any selfinsured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only."
d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Contractor. This policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Contractor's liability as set forth in the March 22, 2022 107 City of Gardena
policy beyond the amount shown or to which Contractor would have been liable if only one party had been named as an insured." Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term.
J. Other Insurance Requirements
1. In the event any services are delegated to a Contractor or Subcontractor, Contractor shall require such Contractor or Subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Contractor or Subcontractor's employees engaged in the work in accordance with this Section 9.4. The liability insurance required by this Section 9.4 shall cover all Contractor or Subcontractors or the Contractor or Subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 9.4.
2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Contractor or any Contractor or Subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to City.
If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor's expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Contractor.
9.5 Faithful Performance Bond
Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of Six Hundred Thousand Dollars ($600,000), similar to the form provided in Exhibit 4, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force (through annual renewals) until released in accordance with Section 9.9.
9.6 Faithful Performance Letter of Credit
In addition to a faithful performance bond as noted in Section 9.5 above, Contractor shall furnish an irrevocable letter of credit in the amount of Six Hundred Thousand Dollars ($600,000), from March 22, 2022 108 City of Gardena
a financial institution acceptable to the City and in a form acceptable to the City Attorney as security for the performance of this Agreement (the “LOC”). The LOC shall be the sole responsibility of Contractor and shall remain in force until released in accordance with Section
9.9. 9.7 Forfeiture of Performance Bond
In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond be forfeited to the City that is necessary to recompense and make whole the City. Upon partial or full forfeiture of the performance bond, Contractor shall restore the performance bond to its face amount within 30 days of the City’s declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement.
9.8 Forfeiture of Letter Of Credit
Thirty (30) days following City providing Contractor with written notice of its failure to pay City any amount owing under this Agreement, City may draw upon the LOC for purposes including, but not limited to:
a. Payment of sums due under the terms of this Agreement which Contractor has failed to timely pay to City
b. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Contractor, including but not limited to the liquidated damages described in Section 11.4.
City may draw upon the entire LOC and convert it to a cash deposit if Contractor fails to cause the LOC to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the term hereof.
9.9 Performance Security Beyond Service Term
Some Agreement requirements extend beyond the Term of this Agreement and will not be substantiated until after the final service date. Therefore, the Contractor shall not terminate the performance bond or letter of credit and will renew them to ensure continuous availability to the City, until receiving a written release from the City. City will provide such a release when City, in its reasonable judgment, is fully satisfied that all requirements have been met.
However, permission from the City to discontinue holding these performance securities does not relieve Contractor of payments to the City that may be due or may become due.
March 22, 2022 109 City of Gardena
ARTICLE 10:
CITY'S RIGHT TO PERFORM SERVICE
10.1 General
In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, Recycle, process, transport or dispose of any or all Solid Waste which it is required by this Agreement, at the time and in the manner provided in this Agreement, for a period of more than two business days, excluding Saturday, Sunday and holidays listed in Section 4.5.1, and if, as a result thereof, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to Contractor during the period of such emergency as determined by City, (1) to perform, or cause to be performed, such services itself with its own or other personnel without liability to Contractor; and/or (2) to take possession of any or all of Contractor's land, equipment and other property used or useful in the Collection and transportation of Solid Waste, and to use such property to Collect and transport any Solid Waste generated within City which Contractor would otherwise be obligated to Collect, transport and properly dispose of or process pursuant to this Agreement.
Notice of Contractor's failure, refusal or neglect to Collect, transport and properly dispose of or process Solid Waste may be given orally by telephone to Contractor at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Contractor within one business day, excluding Saturday, Sunday and holidays listed in Section
4.5.1 of the oral notification.
Contractor further agrees that in such event:
A. It will take direction from City to affect the transfer of possession of equipment and property to City for City's use, or for use by any Person or entity designated by the City.
B. It will, if City so requests, keep in good repair and condition all of such equipment and property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition.
C. City may immediately engage all or any personnel necessary or useful for the Collection and transportation of Solid Waste, including, if City so desires, employees previously or then employed by Contractor, Contractor further agrees, if City so requests, to furnish City the services of any or all management or office personnel employed by Contractor whose services are necessary or useful for Solid Waste Collection, transportation, Processing and Disposal operations and for the Billing and Collection of fees for these services.
City agrees that it assumes complete responsibility for the proper and normal use of such equipment and facilities while in its possession.
March 22, 2022 110 City of Gardena
If the interruption or discontinuance in service is caused by any of the reasons listed in Section
11.5, City shall pay to Contractor the reasonable rental value of the equipment and facilities, possession of which is taken by City, for the period of City's possession, if any, which extends beyond the period of time for which Contractor has rendered bills in advance of service, for the class of service involved.
10.2 Temporary Possession of Contractor's Property
If City suffers an interruption or discontinuance of service (including interruptions and discontinuance due to events described in Section 11.5), City may take possession of and use all of Contractor's property described above until other suitable arrangements can be made for the provision of Solid Waste Services which may include the grant of a Franchise to another waste hauling contractor.
10.3 Billing and Compensation to City During City's Possession During such time that City is providing Solid Waste services, as above provided, Contractor shall bill and collect payments from all Contractor-billed Customers as described in Section 5.1.
Contractor further agrees that, in such event, it shall reimburse City for any and all costs and expenses incurred by City beyond that billed and received by City in taking over possession of the above-mentioned equipment and property for Solid Waste service in such manner and to an extent as would otherwise be required of Contractor under the Terms of this Agreement. Such reimbursement shall be made from time to time after submission by City to Contractor of each statement listing such costs and expenses, but in no event later than five (5) working days from and after each such submission.
10.4 City's Right to Relinquish Possession
It is further mutually agreed that City may at any time at its discretion relinquish possession of any or all of the above-mentioned property to Contractor and thereupon demand that Contractor resume the Solid Waste services as provided in this Agreement, whereupon Contractor shall be bound to resume the same.
10.5 City's Possession Not A Taking
Except as otherwise expressly provided in the previous paragraph, City's exercise of its rights under this Article (1) does not constitute a taking of private property for which compensation must be paid, (2) will not create any liability on the part of City to Contractor, and (3) does not exempt Contractor from any of the indemnity and insurance provisions of this Agreement, which are meant to extend to circumstances arising under this Section provided that the Contractor is not required to indemnify the City against claims and damages arising from the sole negligence of the City, its elected and appointed boards, commissions, officers, employees and agents in the operation of Collection vehicles during the time the City has taken possession of such vehicles.
March 22, 2022 111 City of Gardena
10.6 Duration of City's Possession
City's right pursuant to this Article to retain temporary possession of Contractor's facilities and equipment, and to render Collection services, shall terminate when City determines that such services can be resumed by Contractor, or when City no longer reasonably requires such property or equipment. In any case, City has no obligation to maintain possession of Contractor's property or equipment and/or continue its use for any period of time and may at any time, in its sole discretion, relinquish possession to Contractor.
March 22, 2022 112 City of Gardena
ARTICLE 11:
DEFAULT, REMEDIES AND LIQUIDATED DAMAGES
11.1 Events of Default
Contractor’s breach of each and any provision of the Franchise or this Agreement may constitute a default hereunder to the extent Contractor’s performance, services or obligations under this Agreement are materially and adversely impacted. Events of default by the Contractor include, but are not limited to, the following:
A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts to practice, any fraud or deceit upon City or makes a misrepresentation regarding material information to City.
B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets.
C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full force and effect the Workers' Compensation, liability, or indemnification coverage as required by this Agreement.
D. Violations of Regulation. If Contractor violates any orders or filings of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided that Contractor may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the Franchise and this Agreement shall be deemed to have occurred until a final decision adverse to the Contractor is entered.
E. Suspension or Termination of Service. If Contractor ceases to provide all or a portion of the Collection, Processing or Recycling services, or any other Solid Waste Handling Services as required under this Agreement , if not excused pursuant to Section 11.5, for a period of two (2) consecutive days or more, for any reason within the control of Contractor.
F. Failure to Pay. If Contractor fails to make any payments required under this Agreement and/or refuses to provide City, within ten (10) days of the demand, with required information, reports, and/or records in a timely manner as provided for in the Agreement.
G. Failure to Cooperate with Audits. Failure to complete, perform or cooperate with any audit as described by this Agreement.
H. Failure to Submit Reports or Documentation. Failure to complete or to provide required reports or documents to City as required by this Agreement.
I. Acts or Omissions.
A. Any act or omission by Contractor relative to the services provided under March 22, 2022 113 City of Gardena
this Agreement which violates the terms, conditions, or requirements of this Agreement, the California Integrated Waste Management Act of 1989, as it may be amended from time to time (AB 939), or any law, statute, ordinance, order, directive, rule, or regulation issued pursuant to AB 939 shall constitute a default by the Contractor. Any failure to correct or remedy any such violation within the time set in the written notice of the violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter shall constitute a default by Contractor.
B. Any situation in which Contractor or any of its officers, directors or employees are found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal transport or Disposal of hazardous or toxic materials, or bribery of public officials shall constitute a default by Contractor. The term “found guilty” shall be deemed to include any judicial determination that Contractor or any of Contractor’s officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendre”, “no contest”, and “guilty to a lesser charge.” J. False or Misleading Statements. Any representation or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement.
K. Attachment. The seizure of, attachment of, or levy on, the operating equipment of Contractor, including, without limits, its equipment, maintenance or office facilities, or any part thereof.
L. Failure to Provide Assurance of Performance. If Contractor fails to provide reasonable assurances of performance as required under Section 11.7.
M. Commingling of Source Separated Recyclable Materials, and/or Source Separated Organic Waste With Refuse/Landfilling of Source Separated Recyclable Materials and/or Source Separated Organics Materials. If Contractor empties a Container of properly set out Source Separated Recyclable Materials and/or Source Separated Organic Waste into a Refuse load, or Transports Source Separated Recyclable Materials and/or Source Separated Organic Waste to a landfill or other location at which the material will not be diverted from landfilling.
N. Diversion Requirement. If Contractor does not reach Diversion requirement of 27% of all tonnage Collected by Contractor under this Agreement per Section 4.2.6 for two consecutive calendar years or fails to make reasonable efforts to assure that Source Separated Recyclable Materials are transported, handled and processed at a suitable Facility, so as to March 22, 2022 114 City of Gardena
maximize Diversion credits for the City.
O. Failure to Provide Processing Capacity. Contractor fails to provide adequate Processing capacity in accordance with Exhibit 6, which is essential for the City to achieve SB 1383 compliance.
P. Failure to Achieve Processing Standards. Contractor fails to achieve the Processing standards specified in Exhibit 6, including achievement of minimum Organic Waste recovery rates, which are essential for the City to achieve SB 1383 compliance.
Q. Failure to Comply with Other Requirements of SB 1383. Contractor fails to comply with other requirements of the Agreement including, but not limited to, public education, reporting, contamination monitoring, recordkeeping and reporting, or other obligations of this Agreement that delegate the City’s responsibility and/or authority under SB 1383 to the Contractor.
R. Failure to Implement Collection Program. Contractor fails to implement a Collection program that complies with the requirements of Article 4, which is essential for the City to achieve compliance with SB 1383.
Contractor shall have two business days, excluding Saturdays, Sundays and holiday included in Section 4.5.1, from the time it is given notification by City to cure any default arising under subsections E, F, G, H, J, K, L and M provided, however, that City shall not be obligated to provide Contractor with a notice and cure opportunity if the Contractor has committed the same or similar breach within a twenty-four (24) month period. It is expressly understood that Contractor is not entitled to receive notice of default, or to cure such default, with respect to those matters listed in subsections A, B, C, D, I, N, O, P, Q and R above.
For other actions not listed above, or included in 11.2 below, City will provide Contractor with a written notice setting forth the nature of the breach or failure and the actions, if any, required by Contractor to cure such a breach or failure. Contractor shall be deemed in default where: (1) breach or failure can be cured but Contractor fails to cure within thirty (30) days.
11.2 Criminal Activity of Contractor
Should the Contractor or any of its officers, directors or employees be found guilty of felonious conduct related to the performance of this Contract, or of felonious conduct related to anti-trust activities, illegal transport or Disposal of hazardous or toxic materials, or bribery of public officials, the City reserves the right to unilaterally terminate this Contract or impose other such sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it shall deem proper. Such action shall be taken after Contractor has been given notice and opportunity to present evidence in mitigation. The term “found guilty” shall be deemed to include any judicial determination that Contractor or any of Contractor’s officers, directors or employees is guilty and any admission of guilt by Contractor or any of Contractor’s officers, directors or employees including, but not limited to, March 22, 2022 115 City of Gardena
the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge” entered as part of any plea bargain. If the Agreement is terminated pursuant to the above, such termination shall not occur if, within six months after City determines to terminate, the Contractor completes a transfer of its contract rights and obligations to an individual or entity acceptable to the City pursuant to this Agreement.
11.3 Notice, Hearing and Appeal of Contractor Breach.
Upon a default by Contractor, City may, at its discretion, provide Contractor with a written notice of intent to terminate this Agreement that includes the following:
1. A description of the evidence upon which the decision to terminate is based
2. That Contractor has a right to a hearing prior to the City’s termination of the Agreement
This hearing is to be scheduled as an open public hearing item at a regularly scheduled City Council meeting within thirty (30) days of the Termination Notice, subject to any legal requirements including but not limited to the Ralph M. Brown Act, Government Code Sections 54950-54963. At this hearing Contractor shall have the right to present evidence to demonstrate that it is not in default and to rebut any evidence presented in favor of termination. Based upon substantial evidence presented at this hearing, the Council may, by adopted resolution, act as follows:
1. Decide to terminate this Agreement; or,
2. Determine that Contractor is innocent of a default and, accordingly, dismiss the Termination Notice of any charges of default; or,
3. Impose conditions on a finding of default and a time for cure, such that Contractor’s fulfillment of said conditions will waive or cure any default.
In lieu of conducting an evidentiary hearing on the Termination Notice the City Council may, in its discretion, refer the matter to an independent hearing officer selected by the City Council to take evidence, make findings and provide a recommended decision to the City Council. The City Council may, in its discretion, based on the evidence, accept, reject or modify the findings and/or recommended decision of the hearing officer.
This right of termination is in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement.
City's right to terminate this Agreement and to take possession of Contractor's Facility are not exclusive, and City's termination of this Agreement shall not constitute an election of remedies.
Instead, they shall be in addition to any and all other legal and equitable rights and remedies March 22, 2022 116 City of Gardena
which City may have, including without limitation the provision for Liquidated Damages in Section 11.4 below.
By virtue of the nature of this Agreement, the urgency of timely continuous and high- quality service, the time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled in injunctive relief.
11.4 Liquidated Damages
A. General. City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.
B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The parties further acknowledge that consistent, reliable Solid Waste Handling Service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality-of-service commitment in entering this Agreement. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under this Article 11, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.
March 22, 2022 117 City of Gardena
Contractor City
Initial Here Initial Here
Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below:
1. Collection Reliability
a) For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste from any established Customer account on the scheduled Collection day and not make up the Collection within the time allotted per Section 4.5.2:
$100.00 per occurrence
2. Collection Quality
a) For each occurrence or failure to properly return any Containers to avoid pedestrian or vehicular traffic impediments or to place Containers upright which exceeds ten (10) such occurrences annually: $100.00 per Container b) For each failure to clean up Solid Waste spilled from Solid Waste Containers by Contractor’s representatives within ninety (90) minutes that exceeds ten (10) such failures annually: $150.00 per occurrence
c) For each failure to clean up vehicle leaks or spills within the timeframe required by Section 4.5.3.D.6: $1000 per occurrence
d) For each failure follow the cleanup procedures included in Section 4.5.3.D.6:
$500 per square foot of affected area
3. Customer Responsiveness
a) For each failure to process Customer complaints as required by Article 5:
$150.00 per occurrence
b) For each failure to remove graffiti from Containers, or to replace with Containers bearing no graffiti, within two (2) business days of request from City or Customer:
$ 50.00 per day
c) For each failure to repair or replace a damaged or missing Container within two (2) business days of request from City or Customer: $ 50.00 per day d) For each failure to process a claim for damages within thirty (30) days from the date submitted to Contractor: $100.00
4. Diversion Efforts
For each calendar quarter in which Contractor fails to provide support to the City March 22, 2022 118 City of Gardena
within thirty (30) days of quarter-end, documenting that it diverted 27% of the Solid Waste Contractor Collected under this Agreement:
$25 for each ton below tonnage level necessary to meet 27% Diversion goal
5. Timeliness of Submissions to City
a) Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be:
i) Monthly Reports: $400 per day
ii) Annual Reports: $350 per day
b) For each failure to notify City in advance of a change in contract or service liaison to the City under this agreement: $1,000 per notice missed
6. Cooperation with Service Provider Transition
a) For each day routing information requested by City in accordance with Section
12.9 is received after City-established due dates, both for preparation of a request for proposals and for new service provider’s implementation of service:
$1,000/day
b) For each day delivery of keys, access codes, remote controls, or other means of access to Solid Waste Containers is delayed beyond one (1) day prior to new service provider servicing Customers with access issues, as described in Section
12.9: $1,000/day
c) For delay in not meeting the requirements contained in Section 12.9 in a timely manner, in addition to the daily liquidated damages for breach under 6(a) and 6(b) above, liquidated damages of: $35,000
7. Public Education and Outreach
a) Failure to Perform Public Education and Outreach. For each failure to perform any individual education and outreach activity as required and, in the timeframe, specified by this Agreement.
1st violation - $50 per occurrence
2nd violation - $100 per occurrence
3rd and subsequent violations - $250 per occurrence
8. General Contract Adherence
For each day that Contractor fails to provide services required under the Agreement, or comply with terms of the Agreement, five (5) business days after receipt of written notification from City that such services are not being provided or terms are not being met: $300.00/day
March 22, 2022 119 City of Gardena
9. SB 1383 Requirements
a) Use of Unauthorized Facilities. For each individual occurrence of delivering Discarded Materials to a Facility other than an Approved Facility(ies) for each Discarded Material type under this Agreement.
1st violation - $50 per ton per offense
2nd violation - $100 per ton per offense
3rd and subsequent violations - $250 per ton per offense b) Failure of Approved Facility(ies) to Meet Limits on Incompatible Materials (if Applicable). For each Ton of Source Separated Recyclable Materials or Source Separated Organic Waste received at the Facility(ies) in a quarterly reporting period when Source Separated Organic Waste recovered after Processing exceeds Incompatible Material thresholds defined in Exhibit 6 Section 6.2.E.2 and 6.2.F.4 if limits on Source Separated Organic Waste in materials sent to Disposal apply.
Liquidated damages are assessed in the quarterly reporting period when the failure occurred.
1st violation - $50 per ton per offense
2nd violation - $100 per ton per offense
3rd and subsequent violations - $250 per ton per offense c) Failure of Approved Facility(ies) to Meet Limits on Source Separated Organic Waste in Materials Sent to Disposal. For each Ton of Source Separate Recyclable Materials or Source Separated Organic Waste received at the Facility(ies) in a quarterly reporting period when Source Separated Organic Waste in the materials sent to Disposal exceeds the thresholds defined in Exhibit 6 Section 6.2.F.2 if limits on Source Separated Organic Waste in materials sent to Disposal apply.
Liquidated damages are assessed in the quarterly reporting period when the failure occurred.
1st violation - $50 per ton per offense
2nd violation - $100 per ton per offense
3rd and subsequent violations - $250 per ton per offense d) Failure to Perform Contamination Monitoring Requirements. For each failure to conduct contamination monitoring in accordance with Section 5.5 of this Agreement. [Amend depending on selected method.]
1st violation - $50 per route per occurrence or per waste evaluation per occurrence
2nd violation - $100 per hauler route per occurrence or per waste evaluation per occurrence
March 22, 2022 120 City of Gardena
3rd and subsequent violations - $250 per route per occurrence or per waste evaluation per occurrence
e) Failure to Comply with Container Colors Requirements as Required by SB 1383.
For each occurrence of Contractor’s failure to comply with Container color requirements pursuant to Section 4.5.4.1 of this Agreement. 1st violation - $50 per container occurrence
2nd violation - $100 per container occurrence
3rd and subsequent violations - $250 per container occurrence f) Failure to Conduct Compliance Tasks. For each failure to conduct any compliance review, Discarded Materials evaluations pursuant to Section 6.6 of Exhibit 6, and/or other inspection required by this Agreement.
1st violation - $50 per occurrence
2nd violation - $100 per occurrence
3rd and subsequent violations - $250 per occurrence
g) Failure to Issue Contamination Notices. For each failure of Contractor Collection personnel to issue contamination notices and contaminating Processing fee notices and maintain documentation of issuance as required by Section 5.5 of this Agreement.
1st violation - $50 per route per day
2nd violation - $100 per route per day
3rd and subsequent violations - $250 per route per day
h) Failure to Conduct Follow-Up Inspections. For each failure to conduct a follow-up inspection as required by Section 5.6 of this Agreement. 1st violation - $50 per occurrence
2nd violation - $100 per occurrence
3rd and subsequent violations - $250 per occurrence
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints.
Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so.
The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony March 22, 2022 121 City of Gardena
of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final.
C. Amount. City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement.
D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement pursuant to Section 11.1, or both.
11.5 Excuse from Performance
The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other natural disasters, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder.
Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is excused from performance only to the extent that the following requirements are met:
• Contractor provides a contingency plan to the City prior to the execution of this Agreement demonstrating how services will be provided during the period of labor unrest. The contingency plan is subject to City approval and Contractor shall amend the plan until it meets City requirements, including reasonably demonstrating how City’s basic Collection and sanitary needs will be met to the City’s satisfaction.
• Contractor shall meet all requirements of this plan or City may revoke this excuse from performance offered under this Agreement and may choose to use enforcement provisions under this Agreement, including Sections 11.1, 11.2 and
11.3, in which case Contractor is not excused from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events.
The party claiming excuse from performance shall, within two (2) business days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this section.
The interruption or discontinuance of Contractor's services caused by one or more of the events excused shall not constitute a default by Contractor under this Agreement. Notwithstanding March 22, 2022 122 City of Gardena
the foregoing, however, if Contractor is excused from performing its full obligations under this Agreement for any of the causes listed in this section for a period of forty five (45) days or more, City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) days' notice, in which case the provisions relative to taking possession of Contractor's land, equipment and other property and engaging Contractor's personnel in Article 10 and this Article 11 will apply.
11.6 Notice, Hearing and Appeal of City Breach
Should Contractor contend that City is in breach of this Agreement, it shall file with the City Manager a written request with City for an administrative hearing. Said request shall be made within ninety (90) days of the event or incident which allegedly gave rise to the breach. City shall notify Contractor of the time and date said hearing shall be held within thirty (30) days of receipt of Contractor's request. Contractor shall present its position and all relevant facts after City staff has made its presentation. Contractor shall be notified of City's ruling in writing within fourteen (14) days of the administrative hearing.
If Contractor is not in agreement with the ruling issued by City at the administrative hearing, it shall have the right to appeal this ruling to the City Council. This appeal shall be made in writing to City no later than fourteen (14) days after receipt of the administrative hearing ruling. City shall notify Contractor of the time and date the City Council will review Contractor's allegation.
Contractor shall present its position and all relevant facts after staff has made its presentation.
Contractor shall be notified in writing within thirty (30) days of the City Council's ruling.
Contractor understands and agrees that if it fails to timely and properly exhaust the administrative remedies set forth in this Section, it has no right of action or other claim against the City for breach of this Agreement or otherwise.
11.7 Assurance of Performance
City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as City may require. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default.
March 22, 2022 123 City of Gardena
ARTICLE 12:
OTHER AGREEMENTS OF THE PARTIES
12.1 Relationship of Parties
The parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and not as an officer or employee of City nor as a partner of or joint venture with City. No employee or agent or Contractor shall be or shall be deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall have the exclusive control over the manner and means of conducting the Solid Waste Collection services performed under this Agreement, and all Persons performing such services.
Contractor shall be solely responsible for the acts and omissions of its officers, employees, Companies, Subcontractors and agents. Neither Contractor nor its officers, employees, Companies, Subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City.
12.2 Compliance with Law
In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all Applicable Laws.
12.3 Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California.
12.4 Jurisdiction
Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.
With respect to venue, the parties agree that this Agreement is made in and will be performed in Los Angeles County.
12.5 Assignment
Except as may be provided for in Article 10 (City's Right to Perform Service), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement.
For purposes of this section when used in reference to Contractor, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's March 22, 2022 124 City of Gardena
assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor.
Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste management operations in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement.
If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements:
a) Contractor shall undertake to pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment;
b) Contractor shall pay the City a transfer fee equal to 1% of the gross revenues times the number of years (pro-rated for partial years) remaining under this Agreement (based on actual rate revenues for the prior 12-months); c) Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediately preceding three (3) operating years; d) A proforma financial statement (income statement and balance sheet) for the proposed assignee with the projected results of operations assuming that the assignment is completed. Such proforma financial statement shall reflect any debt March 22, 2022 125 City of Gardena
to be incurred by the assignee as part of the acquisition of Contractor’s operations; and,
e) Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, State or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with State, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, State and local laws regulating the Collection and Disposal of Solid Waste including Hazardous Substance; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner.
Under no circumstances shall City be obliged to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration.
12.6 Affiliated Companies
Contractor's accounting records shall be maintained on a basis showing the results of Contractor's operations under this Agreement separately from operations in other locations, as if Contractor were an independent entity providing service only to City. The costs and revenues associated with providing service to City shall not be combined, consolidated or in any other way incorporated with those of other operations conducted by Contractor in other locations, or with those of an Affiliate.
If Contractor enters into any financial transactions with a Related Party Entity for the provision of labor, equipment, supplies, services, capital, etc., related to the furnishing of service under this Agreement, that relationship shall be disclosed to City, and in the financial reports submitted to City. In such event, City's rights to inspect records, and obtain financial data shall extend to such Related Party Entity or entities.
12.7 Contracting or Subcontracting
This Agreement, or any portion thereof, shall not be subcontracted except with the prior written consent of the City, which consent shall not be unreasonably withheld. No such consent shall be construed as making the City a party to such subcontract or subject the City to liability of any March 22, 2022 126 City of Gardena
kind to any subcontractor. Contractor shall submit all subcontracts for review and approval by the City and any permitted subcontract shall terminate on or before the termination of this Agreement. All subcontractors shall be licensed as required under State, Federal and local laws and regulations to perform their subcontracted work and obtain and maintain a City business license if required. Contractor shall remain otherwise liable for the full and complete performance of its obligations hereunder.
12.8 Binding on Assigns
The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns (if any) of the parties.
12.9 Transition to Next Contractor
Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent Solid Waste enterprise it designates to assure a smooth transition of Solid Waste Handling Services.
Contractor's cooperation shall include, but not be limited to, providing both the City and subsequent Solid Waste enterprise with route lists, Billing information, lists of gate or other access codes and information needed for entry to service areas, Container placement areas by address, levels of service including any special needs or services required by each location, and other operating records needed to service all Premises covered by this Agreement. In recognition of the difficulty inherent in Customer’s difficulty or inability to store two sets of Containers, Contractor shall remove its Containers in coordination with the distribution of Containers by the incoming service provider. Contractor shall cooperate with the City and incoming service provider in agreeing to the timing of Container removal; if parties cannot agree on a phase-out schedule and Contractor does not remove Containers in a timely manner that requires Customers to store two Containers, City, incoming service provider, or another entity may remove Contractor’s Containers and seek cost reimbursement from Contractor through its performance bond, letter of credit or other means. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant.
Contractor shall provide a new service provider with all keys, security codes and remote controls used to access garages and Bin enclosures. Contractor shall be responsible for coordinating transfer immediately after Contractor’s final pickups, so as not to disrupt service.
Contractor shall provide City with detailed route sheets containing service names and addresses, Billing names and addresses, monthly rate and service levels (quantity, material type, and size of Containers and pickup days) at least 90 days prior to the transition date and provide an updated list two weeks before the transition and a final list of changes the day before the transition. Contractor shall provide means of access to the new service provider at least one full calendar day (excluding Saturday, Sunday and holidays listed in Section 4.5.1) prior to the first day of Collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all Containers.
March 22, 2022 127 City of Gardena
12.10 Parties in Interest
Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the parties to it and their representatives, successors and permitted assigns.
12.11 Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either party of any moneys which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of any provision of this Agreement.
12.12 Contractor's Investigation
Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement and the work to be performed by it.
12.13 Condemnation
City fully reserves the rights to acquire Contractor's property utilized in the performance of this Agreement, by purchase or through the exercise of the right of eminent domain. This provision is additive, and not intended to alter the rights of the parties set forth in Article 10.
12.14 Notice
All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows:
If to City: City Manager (or designated representative) City of Gardena
1700 West 162nd Street
Gardena, CA 90247
If to Contractor: Mark Tavoukjian, General Manager
PO Box 2410
Gardena, CA 90247
March 22, 2022 128 City of Gardena
The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this section.
Notice shall be deemed given on the day it is personally delivered or, if mailed, three days from the date it is deposited in the mail.
12.15 Representatives of the Parties
References in this Agreement to the "City" shall mean the City Council and all actions to be taken by City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, authority to the City Manager, and/or to other City employees and may permit such employees, in turn, to delegate in writing some or all of such authority to subordinate employees. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them.
Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority delegated to him/her by Contractor as communicated to City.
12.16 City Free to Negotiate with Third Parties
City may investigate all options for the Collection, transporting, Recycling, Processing and Disposal of Solid Waste for periods commencing after the expiration of the initial Term. Without limiting the generality of the foregoing, City may solicit proposals from Contractor and from third parties for the provision of Collection services, Disposal services, Source Separated Recycling services, Source Separated Organic Waste services and Processing, and any combination thereof, and may negotiate and execute agreements for such services which will take effect upon the expiration or earlier termination under Section 11.1 of this Agreement.
12.17 Compliance with Municipal Code
Contractor shall comply with those provisions of the municipal code of City which are applicable, and with any and all amendments to such applicable provisions during the term of this Agreement.
12.18 Privacy
Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying individual Customers, or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or contractor, unless upon the authority of a court of law, by statute, or upon valid authorization of the Customer.
This provision shall not be construed to preclude Contractor from preparing, participating in, March 22, 2022 129 City of Gardena
or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. This provision shall not apply to reports or records provided to City pursuant to this Agreement so long as City maintains reports or records with Customer identification or confidential information in accordance with this section, in which case this section shall apply to City in the same manner to which it applies to Contractor.
12.19 Cooperation Following Termination
At the end of the Term or in the event this Agreement is terminated prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent Contractor to assure a smooth transition of Solid Waste management services. Contractor's cooperation shall include, but not be limited to, providing both the City and subsequent Solid Waste enterprise route lists, Billing information, lists of gate or other access codes and information needed for entry to service areas, Container placement areas by address, levels of service including any special needs or services required by each location, and other operating records needed to service all Premises covered by this Agreement. In recognition of the difficulty inherent in Customer’s difficulty or inability to store two sets of Containers, Contractor shall remove its Containers in coordination with the distribution of Containers by the incoming service provider. Contractor shall cooperate with the City and incoming service provider in agreeing to the timing of Container removal; if parties cannot agree on a phase-out schedule and Contractor does not remove Containers in a timely manner that requires Customers to store two Containers, City, incoming service provider, or another entity may remove Contractor’s Containers and seek cost reimbursement from Contractor through its performance bond, letter of credit, or other means. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant.
Contractor to provide documentation of any Customer declining request to provide keys, security codes, and/or remote controls used to access garages and Bin enclosures.
12.20 Compliance with Immigration Laws.
Contractor shall be knowledgeable of and comply with all local, State and federal laws which may apply to the performance of this Agreement. Contractor warrants and represents that all of its employees, including any and all prospective employees hired to perform services for the City under this Agreement and the employees of any subcontractor retained by the Contractor to perform a portion of the services under this Agreement, are and will be authorized to perform the services contemplated by this Agreement in full compliance with all applicable State and federal laws, rules and regulations, including, but not limited to, the Immigration Nationality Act of 1952 (commencing with Section 1101 of Title 8 of the United States Code), and the Immigration Nationality and the Immigration Reform and Control Act of 1986 (commencing with Section 1324a of Title 8 of the United States Code), as amended. Contractor agrees to verify the legal status of all of its employees and provide documentation of such verification whenever March 22, 2022 130 City of Gardena
requested by the City. If Contractor discovers that any employee it has retained is not in compliance with Immigration Laws, Contractor agrees to terminate such employee.
12.21 Guarantee of Contractor's Performance
Pursuant to a guarantee in substantially the form attached as Exhibit 3, Waste Resources Technologies, Inc., a corporation which owns all of the issued and outstanding common stock of Contractor, has agreed to guarantee Contractor's performance of this Agreement. The Guarantee is being provided concurrently with Contractor's execution of this Agreement.
March 22, 2022 131 City of Gardena
ARTICLE 13:
MISCELLANEOUS AGREEMENTS
13.1 Entire Agreement
This Agreement, including the Exhibits, represents the full and entire Agreement between the parties with respect to the matters covered herein. No verbal agreement or conversation with any office, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this contract.
13.2 Section Headings
The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.
13.3 References to Laws and Other Agreements
All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. This Agreement supersedes any and all agreements heretofore entered into by the parties and City.
13.4 Interpretation
This Agreement, including the Exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting.
13.5 Agreement
This Agreement may not be modified or amended in any respect except by a writing signed by the parties.
13.6 Severability
If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein.
13.7 Exhibits
Each of the Exhibits identified as Exhibit "1" through "9" is attached hereto and incorporated herein and made a part hereof by this reference.
March 22, 2022 132 City of Gardena
13.8 Non-Waiver Provision
Failure of either party to exercise any of the remedies set forth herein within the time periods provided for shall not constitute a waiver of any rights of that party with regard to that failure to perform or subsequent failures to performing whether determined to be a breach, excused performance or unexcused defaults by the other party.
13.9 Attorneys’ Fees
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
March 22, 2022 133 City of Gardena
IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written.
CITY OF GARDENA (CITY)
By
TASHA CERDA, MAYOR
APPROVED AS TO FORM:
CARMEN VASQUEZ, CITY ATTORNEY
ATTEST:
_________________________________
MINA SEMENZA, CITY CLERK
WASTE RESOURCES OF GARDENA , INC
("CONTRACTOR")
By:
Name:
Title:
By:
Name:
Title:
March 22, 2022 1 - 1 City of Gardena
EXHIBIT 1
INITIAL MAXIMUM RATES
Following are the rates for July 1, 2022 through June 30, 2023 Rates Effective July 1, 2022
SERVICE RATES
RESIDENTIAL SERVICE 1
COMMERCIAL SERVICE 2
Single Family Units¹ $23.51 Per Unit Per month
Multi Family Units¹
2 Units $47.02 Per Unit Per Month
3 Units $70.53 Per Unit Per Month
4 Units $94.04 Per Unit Per Month
Extra Trash Cart¹ $7.85 Per Unit Per Month
Bulky Items¹ $15.70
Size 1x Week
1 - 64 gallon $78.42
# of Carts 1x Week 2x Week 3x Week
1 64-gallon cart $70.52 $141.16 $211.71
2 64-gallon carts $134.08 $268.18 $402.30
3 64-gallon cart2 $194.12 $388.29 $582.41
2 cy bin $238.47
64-gallon green waste cart $39.21
Recycling/Organics Contamination Fee is 10% of monthly rate per occurrence Size 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week
64-gallon $78.42
1 cy $130.76 $261.60 $392.42 $523.24 $654.04 $784.88
2 cy $165.18 $330.39 $495.82 $660.82 $825.91 $991.26
3 cy $188.09 $376.23 $564.36 $752.52 $940.65 $1,128.81
4 cy $224.11 $448.24 $672.37 $896.50 $1,120.63 $1,344.77 6 cy $301.26 $602.55 $903.84 $1,202.14 $1,502.70 $1,803.27 Extra Pickup $71.75
Scout Service $61.46 $122.92 $184.38 $245.85 $307.31 $368.77 Push Out Service Over 15 Ft (per foot per month) $3.67
Locking Bin Service - Per Bin $40.98 $40.98 $40.98 $40.98 $40.98 $40.98 Note: Compactors are billed at 2x the trash rate
Size Open Top
10 - 30 cy $348.71 Per Load
35-40 cy $369.17 Per Load
Size Compactor
10 - 30 cy $369.17 Per Load
35-40 cy $430.76 Per Load
Weekend Service Surcharge $96.76 Additional per Service Disposal, WRR $71.70 Per Ton
Disposal, Other Destinations3
Per item after 4 free pick-ups/year or excess of 3cy per pick-up Commercial Cart Rate²
Commercial AB1826 Organics Collection Rates²
Permanent Commercial Refuse Bins Rates (Recycling Containers are Provided at No Additional Charge) ² Permanent Drop Off/Roll Box Rates²
Plus Disposal & Demurrage
Plus Disposal & Demurrage
Permanent Drop Off/Roll Box Rates²
Plus Disposal & Demurrage
Plus Disposal & Demurrage
Permanent Drop Off/Roll Box Rates²
Pass‐Through
March 22, 2022 1 - 2 City of Gardena
INITIAL MAXIMUM RATES
Following are the rates for July 1, 2022 through June 30, 2023 Size
10 cy $605.14 Per Load
15-30 cy $717.99 Per Load
35-40 cy $779.55 Per Load
Delivery $140.09 Per Initial Delivery
Excess Tonnage $85.29 Per Ton, over 4 tons
Rent-A-Bin Service $263.33 Per Bin
Rent-A-Bin Additional $205.50 Per Bin
Additional Residential Rates1
Multi-Family Premises - Additional Bulky Item 15.70 $ Per item after 4 free pick-ups/year/unit or excess of 3cy per pick-up Cart Replacement Due to Misuse 84.00 $ Each
Overage Charge 11.56 $ Per occurrence
Contamination Fee 11.56 $ Per occurrence
Sharps Kit 58.01 $ Per kit, after 1 free/quarter/account Valet Service 47.02 $ Per month, if no proof of need confirmed Additional Commercial Rates2
Bulky Item Additional Pick-ups 105.76 $ Per pickup
Bin Steam Clean/Graffiti Removal 159.23 $ Each
Box Steam Clean/Graffiti Removal 572.52 $ Each
Bin Replacement 529.01 $ Per bin
Overage 57.97 $ Per occurrence, plus disposal fees (if any) Contamination Fee (10% of the monthly rate,
per occurrence) Per occurence
Bin Enclosure Cleaning 67.72 $ Per occurrence, 15 minutes Auto Tire Disposal 15.72 $ Per tire
Truck Tire Disposal 23.62 $ Per tire
Tires - Disposal 158.71 $ Per ton
Standby Time (after 10 minutes) - Commercial F $ Per minute 6.99 Standby Time (after 10 minutes) - Roll-Off 5.23 $ Per minute Standby Time (after 10 minutes) - Scout 3.46 $ Per minute Roll-Off Demurrage 17.57 $ Per day, after 7 days
Roll-Off Dry Run 176.30 $ Per occurrence
Roll-Off Relocation 176.30 $ Per request
Street Permit(3) $ Per 7 days 129.00
Barricades 157.80 $ Per 7 days
Certified Deconstruction 189.40 $ Per load, includes certificate Emergency Response - Commercial 157.35 $ Per occurrence Emergency Response - Roll-Off 472.84 $ Per occurrence
NSF Check 55.19 $ Per occurrence
Service Reinstatement 70.99 $ Per occurrence
Commercial Illegal Dumping 60.00 $ 1st item
Commercial Illegal Dumping 20.00 $ Each additional item Temporary Drop Off/Roll Off Rates² (Includes 4 tons disposal) Plus Delivery, Demurrage, & Excess Tonnage
Plus Delivery, Demurrage, & Excess Tonnage
(¹) Includes Franchise and AB 939/SB 1383 Regulatory Reimbursement (²) Plus Franchise and AB 939/SB 1383 Regulatory Reimbursement (
3 ) Pass-through charge, subject to change during the year Plus Delivery, Demurrage, & Excess Tonnage
Temporary Bins2
Miscellaneous Rates²
March 22, 2022 2 - 1 City of Gardena
EXHIBIT 2A
EXAMPLE RATE ADJUSTMENT FORMULA
Row Index
1 CPI, Garbage and Trash Collection (1)
Row Index
2 CPI, Garbage and Trash Collection (1)
3 CPI, Los Angeles‐Long Beach‐Anaheim (2)
4 Difference
Row Example Rate Categories
5 Residential Cart Service
6 Residential Extra Trash Cart Fee
7 Additional Bulky Item Fee ‐ Curbside
8 Mult‐Family ‐ 2 Units Per Unit Fee
9 Mult‐Family ‐ 2 Units Per Unit Fee
10 Mult‐Family ‐ 2 Units Per Unit Fee
$ 15.70
$ 47.02
$ 70.53
$ 3.73
$ 24.44
$ 8.16
$ 16.32
$ 48.89
$ 73.33
$ 97.78
$ 0.93
$ 0.31
$ 0.62
$ 1.87
$ 2.80
$ 23.51
3.97%
Step Three: Apply percentage change to rates
H
New Index Value
Percent Change In
Index,
((Column B/
Column A) ‐1)
299.1 282.7 5.83%
GJ
Adjusted Rate
(Column G + Column I)
Rate Increase or
Decrease
(Column G x Column H)
Current Customer
Rate Not Including
City Fees
Percentage Change in
Index (from Column C)
(1) Consumer Price Index Consumer Price Index (CUUR0000SEHG02) for All Urban Consumers, garbage and trash collection – U.S. city average, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics. Average annual change for the 12 months ending January prior to the Rate Year anniversary date compared to the 12 months ending January in the previous year. (3) Example rates listed. Adjustment applies to all rates. $ 94.05
3.97%
3.97%
3.97%
3.97%
3.97%
3.97%
(2) Consumer Price Index (CUURS49ASA0LE) for All Urban ConsumersItems Less Energy (CPI‐U) for the Los Angeles‐Long Beach‐Anaheim, CA, All Urban Consumers, Not Seasonally Adjusted. Average annual change for the 12 months ending January prior to the Rate Year anniversary date compared to the 12 months ending January in the previous year. $ 7.85
Step One: Calculate percentage change in indices
Percent Change In
Index,
((Column B/
Column A) ‐1)
A BC
Old Index Value New Index Value
533.1 512.7 3.97%
Step Two: Verify that percentage change in Row 1 Column C does not exceed an amount greater than 2% more than the percentage increase in CUURS49ASA0LE in Row 3
EF
I
533.1 512.7
Old Index Value
‐1.86%
D
March 22, 2022 2 - 2 City of Gardena
EXHIBIT 2B
EXAMPLE CALCULATION FOR
AVERAGE ANNUAL CHANGE IN PUBLISHED INDICES
Consumer Price Index
The rate adjustment index is calculated using the annual change in the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection (CUUR0000SEHG02) - U.S. City average published by the Bureau of Labor Statistics, measured for the 12 months ending January prior to the Contract Year anniversary date compared to the 12 months ending January in the previous year.
For example, if a rate adjustment based on this CPI index were to be implemented as of July 1, 2022, the index value for the 12 months ended January 2022 of 533.078 would have been the “New Index Value” to be used in Column B of the example rate adjustment formula in Exhibit 2A, and the index value for the 12 months ended January 2021 of 512.722 would have been the “Old Index Value” in Column A. This would have resulted in a 3.97% increase to the rates as calculated in Column C of Exhibit 2A.
Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2012 398.880 400.381 401.692 400.913 401.067 402.793 406.243 406.823 407.594 409.495 410.155 410.416 2013 411.126 411.805 412.305 413.675 414.511 414.802 416.505 417.760 418.357 419.687 421.427 422.237 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 2022 533.078
CUUR0000SEHG02
Not Seasonally Adjusted
Garbage and trash collection in U.S. city average, all
U.S. city average
Garbage and trash collection
DECEMBER 1983=100
2012 to 2022
Additionally, Section 6.4.1 restricts the amount of any annual increase to not exceed an amount greater than two percent (2.0%) more than the percentage increase in the Consumer Price IndexAll Items Less Energy for the Los Angeles-Long Beach-Anaheim, CA, All Urban Consumers, Not Seasonally Adjusted (CUURS49ASA0LE) published by the Bureau of Labor Statistics, for the corresponding one-year period used to measure the change in the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection (CUUR0000SEHG02) - U.S. City average. For example, to verify that the change in the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection (CUUR0000SEHG02) - U.S. City average does not exceed the change in the Consumer Price Index-All Items Less Energy for the Los Angeles-Long March 22, 2022 2 - 3 City of Gardena
Beach-Anaheim, CA, All Urban Consumers, Not Seasonally Adjusted (CUURS49ASA0LE), the index value for the 12 months ended January 2022 of 299.136 would have been the “New Index Value” to be used in Line 3 Column E of the example rate adjustment formula in Exhibit 2A, and the index value for the 12 months ended January 2021 of 282.653 would have been the “Old Index Value” in Line 3 Column D. The difference between the calculated change in the Consumer Price Index for All Urban Consumers for Garbage and Trash Collection (CUUR0000SEHG02) - U.S. City average and the Consumer Price Index-All Items Less Energy for the Los Angeles-Long Beach-Anaheim, CA, All Urban Consumers, Not Seasonally Adjusted (CUURS49ASA0LE) is calculated in Line 4 Column F of Exhibit 2A.
Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2012 232.233 232.576 233.702 234.245 234.069 234.321 234.840 235.330 235.973 236.488 236.136 235.155 2013 236.600 236.585 237.005 236.890 236.912 236.890 236.499 237.405 237.723 238.753 237.984 237.833 2014 238.987 239.724 240.297 240.626 240.630 240.785 241.343 242.010 242.454 242.845 242.528 242.302 2015 242.822 243.487 244.373 244.636 244.912 245.324 245.738 246.085 246.813 247.878 248.417 248.104 2016 249.720 251.168 251.274 251.429 252.518 252.509 252.506 253.052 253.185 253.742 253.013 253.302 2017 255.488 256.658 257.164 257.596 258.090 258.085 259.220 259.705 260.370 261.559 261.468 261.896 2018 263.457 264.830 265.909 266.600 266.971 266.441 266.950 267.425 269.273 270.021 269.851 269.401 2019 271.869 271.996 273.189 274.505 274.798 275.518 275.897 276.331 277.256 278.028 278.051 277.171 2020 279.587 280.711 279.462 280.000 280.859 281.664 283.124 283.128 282.244 282.775 283.257 282.559 2021 282.653 282.868 283.317 286.335 287.403 288.809 290.195 290.490 291.365 293.463 294.979 296.222 2022 299.135
CUURS49ASA0LE
Not Seasonally Adjusted
All items less energy in Los Angeles-Long BeachLos Angeles-Long Beach-Anaheim, CA All items less energy
1982-84=100
2012 to 2022
March 22, 2022 3 - 1 City of Gardena
EXHIBIT 3
CORPORATE GUARANTY
Guaranty
THIS GUARANTY (the “Guaranty) is given as of the ___ day of ___________, 2022.
THIS GUARANTY is made with reference to the following facts and circumstances:
A. ______________________, hereinafter (“Owner”) is a _______________________ organized under the laws of the State of ___________, which is wholly owned by _______________________. (Guarantor).
B. Owner and the City have negotiated an Agreement for Collection, Processing, and Disposal of Solid Waste dated as of __________ ____, (hereinafter “Agreement”). A copy of this Agreement is attached hereto.
C. It is a requirement of the Agreement, and a condition to the City entering into the Agreement, that Guarantor guaranty Owner’s performance of the Agreement.
D. Guarantor is providing this Guaranty to induce the City to enter into the Agreement.
NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:
1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Owner of each and every term and condition of the Agreement which Owner is required to perform, satisfy or observe. In the event that Owner fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Owner or cause them to be performed, satisfied or observed. Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Owner due to its breach of the Agreement.
2. Guarantor’s Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Owner under the Agreement, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreement. In any action brought against the Guarantor to enforce, or for damages for breach of, its obligations hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available to the Owner in an action to enforce, or for damages for breach of, the Agreement (other than discharge of, or stay of proceedings to enforce, obligations under the Agreement March 22, 2022 3 - 2 City of Gardena
under bankruptcy law).
3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Owner; (2) the actual or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (3) any waiver with respect to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of any of the City’s rights or remedies against the Owner; or (4) any merger or consolidation of the Owner with any other corporation, or any sale, lease or transfer of any or all the assets of the Owner. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819.
The Guarantor hereby waives any and all benefits and defenses under California Civil Code Section 2846, 2849, and 2850, including without limitation, the right to require the City to (a) proceed against Owner, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor’s benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Owner or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Owner or any other guarantor or pledgor without impairing the City’s rights and remedies in enforcing this Guaranty.
The Guarantor hereby waives and agrees to waive at any future time at the request of the City to the extent now or then permitted by Applicable Law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without notice the Guarantor, performance or compliance herewith is waived; (b) any other of any provision of its Agreement indemnification with respect to Owner’s obligations under the Agreement or any security therefore is released or exchanged in whole or in part or otherwise dealt with; or (c) any assignment of the Agreement is effected which does not require the City’s approval.
The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations March 22, 2022 3 - 3 City of Gardena
guaranteed hereunder are paid or performed, Guarantor’s obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Owner prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding.
4. Term. This Guaranty is not limited to any period of time but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed or otherwise discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Owner’s obligations under the Agreement.
Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Owner arising out of the Agreement based on Owner’s failure to perform which has not been settled or discharged.
5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given.
6. Attorney’s Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees in the event of Guaranty’s breach of its obligations to pay reasonable attorney’s fees and all other reasonable costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder.
7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws, rules for all purposes including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following Person as its agents for service of process in California:
March 22, 2022 3 - 4 City of Gardena
With a copy by certified mail to:
8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity will have not have an effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect.
9. Binding On Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency.
10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Article of Incorporation and By-Laws, and that the Person signing this Guaranty on its behalf has the authority to do so.
11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows:
To the City: City Manager (or designated representative) City of Gardena
1700 West 162nd Street
Gardena, CA 90247
with a copy to the City Counsel at the same address.
To the Guarantor:
By: ______________________
(title)
By: ______________________
(title)
March 20, 2022 4 - 1 City of Gardena
EXHIBIT 4
CONTRACTOR'S FAITHFUL PERFORMANCE BOND
LET THE FOLLOWING BE KNOWN:
That , a California , as PRINCIPAL, and
, a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of six hundred thousand dollars ($600,000) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled AMENDED
AND RESTATED AGREEMENT BETWEEN CITY OF GARDENA AND WASTE RESOURCE OF GARDENA, FOR INTEGRATEDSOLID WASTE MANAGEMENT SERVICES with City, to do and perform the following work, to wit: Collect, Process and Dispose of Solid Waste generated within City, in accordance with the contract.
NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise, it will remain in full force and effect.
And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
In the event suit is brought by OBLIGEE to enforce the provisions of this bond, said Surety will pay to OBLIGEE a reasonable attorney’s fee, plus costs of suit, in an amount to be fixed by the court.
March 20, 2022 4 - 2 City of Gardena
IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this DAY OF , 20__.
a California Corporation SURETY
By: By:
(PRINCIPAL) (ATTORNEY IN FACT)
(SEAL) (SEAL)
March 22, 2022 5 - 1 City of Gardena
EXHIBIT 5
NOTARY CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF ) ss:
On , , before me, the undersigned, a Notary Public in and for the State of California, personally appeared
, known to me to be the
of Contractor that executed the within instrument on
behalf of the Contractor therein named, and acknowledged to me that such Contractor executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of this day of , .
Notary Public
My Commission Expires:
March 22, 2022 6-1 City of Gardena
EXHIBIT 6
PROCESSING, TRANSFER, AND DISPOSAL SERVICES
AND FACILITY STANDARDS
Contractor has selected and arranged for Discarded Materials to be Transported to Approved Facilities for Transfer, Source Separated Recyclable Materials Processing, Source Separated Organic Waste Processing, Organic Waste Processing, C&D Processing, and Disposal. The Approved Facilities shall comply with the standards specified in this Exhibit. Pursuant to Section 4.5.14 of the Agreement, if the Contractor does not own or operate one or more of the Approved Facilities, Contractor shall enter into a subcontract agreement with the owner or Facility operator of such Approved Facility(ies) and the requirements of Section 4.5.14 of the Agreement and this Exhibit shall pertain to the Subcontractor(s).
Note that Contractor, by definition in Article 1 of the Agreement, includes Affiliates, DBAs, and Subcontractors. As a result, requirements of Section 4.5.14 of the Agreement and this Exhibit shall pertain to Affiliate(s) and Subcontractors providing Facility-related services.
6.1 General Requirements
A. Overview. Contractor agrees to Transport and deliver Discarded Materials it Collects in the City to an appropriate Approved Facility(ies) for Transfer, Processing, or Disposal, as applicable for each type of Discarded Material. As of the commencement date of this Agreement, the Approved Facilities, which were selected by Contractor and reviewed and approved by the City, are listed in the table on the following page and in the definitions in Article 1 of this Agreement.
Contractor will perform all Transfer, Processing, and Disposal services at Approved Facilities in accordance with Applicable Law, standard industry practice, and specifications and other requirements of this Agreement.
March 22, 2022 6 - 2 City of Gardena
Approved Facilities
Material Type
Approved
Transfer Facility
(if applicable)
Approved Facility
(Processing or Disposal Facility)
Description of Processing
Methodology
(Material recovery
facility, composting
facility, anaerobic
digestion, etc.)
Source Separated Recyclable Materials
Waste Resources Recovery
19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Materials Recovery
Facility
Green Waste Waste Resources Recovery
19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 GreenWise Soil Technologies 19-AA-1064 Universal Waste Systems 10120 Miller Way South Gate 90280 Composting
Food Waste Waste Resources Recovery
19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Aerobic Processing
March 22, 2022 6 - 3 City of Gardena
Material Type
Approved
Transfer Facility
(if applicable)
Approved Facility
(Processing or Disposal Facility)
Description of Processing
Methodology
(Material recovery
facility, composting
facility, anaerobic
digestion, etc.)
Food Waste Waste Resources Recovery
19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Joint Water Pollution Control Plant Sanitation Districts of LA County 24501 S. Figueroa St. Carson 90745 Anaerobic Digestion
Source Separated
Organic Waste
Waste Resources Recovery 19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Joint Water Pollution Control Plant Sanitation Districts of LA County 24501 S. Figueroa St. Carson 90745 Anaerobic Digestion
Source Separated
Organic Waste
Waste Resources Recovery
19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Aerobic Processing
Gray/Black
Container Waste
Waste Resources Recovery 19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Chiquita Canyon Landfill 19-AA-0052 Waste Connections, Inc. 29201 Henry Mayo Dr. Castaic 91384 Landfill
March 22, 2022 6 - 4 City of Gardena
Material Type
Approved
Transfer Facility
(if applicable)
Approved Facility
(Processing or Disposal Facility)
Description of Processing
Methodology
(Material recovery
facility, composting
facility, anaerobic
digestion, etc.)
Gray/Black
Container Waste
Waste Resources Recovery 19-AA-0857 Waste Resources Recovery, Inc. 357 W. Compton Blvd. Gardena 90248 Southeast Resource Recovery Facility 19-AK-0083 City of Long Beach 118 Pier St. Long Beach 90802 Waste to Energy
C&D California Waste Services
19-AR-1225 California Waste Services, Inc. 621 W. 162nd St.
Gardena 90247
C&D Materials Recovery
Facility
March 22, 2022 6 - 5 City of Gardena
B. Facility Capacity Guarantee. Contractor shall guarantee sufficient capacity over the Term of this Agreement to Transfer (if applicable), Transport, and Process all Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D Collected under this Agreement and to Transfer (if applicable), Transport, and Dispose all Gray/Black Container Waste Collected under this Agreement. Contractor shall cause the Approved Facility(ies) to Recycle or Process the Discarded Materials as appropriate; market the Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D recovered from such operations; and Dispose of residue. Contractor shall provide the City, upon request, with documentation demonstrating the availability of such Transfer (if applicable), Transport, Processing, and Disposal capacity as described below.
1. City may request that Contractor report aggregate Facility capacity committed to other entities through Contractor’s contracts. City, or its agent, will have the right to seek verification of Contractor’s reported aggregate capacity through inspection of pertinent sections of Contractor’s contracts with such entities to determine the duration of Contractor’s commitment to accept materials from such entities and the type and volume of materials Contractor is obligated to accept through the contracts. In addition, City, or its agent, will have the right to review tonnage reports documenting the past three (3) years of Tonnage accepted at the Approved Facility(ies) by such entities. To the extent allowed by law, City, or its agent(s), agree to maintain the confidentiality of the information reviewed related to the individual contracts with other contracting entities and agree to review all related material at the Contractor’s office and will not retain any copies of reviewed material. Contractor will fully cooperate with the City’s request and provide City, or its agent(s) access to Contractor’s records.
2. Contractor’s Subcontractor is the owner and/or operator of Designated Facilities:
Upon request, Contractor shall demonstrate that such capacity is available and allocated to the City by provision of its agreement with the Designated Facility(ies) owner(s)/operator(s) (Subcontractor(s)) documenting the Subcontractor’s guarantee to accept the Discarded Materials Contractor delivers over the Term of this Agreement and any extensions to the Agreement.
C. Equipment and Supplies. Contractor shall equip and operate the Approved Facilities in a manner to fulfill Contractor’s obligations under this Agreement, including achieving all applicable standards for Landfill Disposal reduction, Recycling, diversion, residue volume and content, and final product quality standards. Contractor is solely responsible for the adequacy, safety, and suitability of the Approved Facilities. Contractor shall modify, enhance, and/or improve the Approved Facilities as needed to fulfill service obligations under this Agreement, at no additional compensation from the City or rates charged to Customers.
Contractor shall provide all rolling stock, stationary equipment, material storage Containers, spare parts, maintenance supplies, Transfer, Transport, and Processing March 22, 2022 6 - 6 City of Gardena
equipment, and other consumables as appropriate and necessary to operate the Approved Facilities and provide all services required by this Agreement. Contractor shall place the equipment in the charge of competent equipment operators. Contractor shall repair and maintain all equipment at its own cost and expense.
D. Facility Permits. Contractor or Facility operator shall keep all existing permits and approvals necessary for use of the Approved Facility(ies), in full regulatory compliance.
Contractor, or Facility operator, shall, upon request, provide copies of permits and/or notices of violation of permits to the City.
E. Transfer Facility. At Contractor’s option, Contractor may rely on a Transfer Facility and, in such case, shall Transport and deliver some or all Discarded Materials to the Approved Transfer Facility for pre-Processing (if applicable) and Transfer. At the Transfer Facility, Discarded Materials shall be unloaded from Collection vehicles and loaded into largecapacity vehicles and Transported to the Approved Facility(ies) for Processing or Disposal, in a timely manner and in accordance with Applicable Law.
If Contractor delivers some or all Discarded Materials to a Transfer Facility, it shall receive assurances from Facility operator that Facility operator will Transport or arrange for Transport of the Discarded Materials to appropriate Approved Facility(ies) for Processing or Disposal, as applicable for each type of Discarded Material. In such case, Contractor shall receive written documentation from the Facility operator(s) of the Facilities used for Processing and Disposal of Discarded Materials. Contractor shall pay all costs associated with Transport, Transfer, Processing, and/or Disposal of all Discarded Materials Collected in accordance with this Agreement, including marketing of recovered materials and Disposal of all residue.
Contractor shall comply with separate handling requirements described in this Exhibit 6.
F. Contractor-Initiated Change in Facility(ies). Contractor may change its selection of one or more of the Approved Facility(ies) following the City’s written approval, which may be conditioned on various factors including, but not limited to: the performance of the current versus proposed Facility, the permitting status of and LEA inspection records related to the proposed Facility, the distance of the Facility from the City, and any other factor that may reasonably degrade the value received by the City. If Contractor elects to use a Facility(ies) that is(are) not listed on the then-current list of Approved Facility(ies) in this Exhibit, it shall submit a written request for approval to the City thirty (30) business days prior to the desired date to use the Facility and shall obtain the City’s written approval prior to use of the Facility. Contractor’s compensation and rates shall not be adjusted for a Contractor-initiated change in Facilities.
G. Notification of Emergency Conditions. Each Approved Facility shall notify the City of any unforeseen operational restrictions that have been imposed upon the Facility by a regulatory agency or any unforeseen equipment or operational failure that will March 22, 2022 6 - 7 City of Gardena
temporarily prevent the Facility from Processing the Discarded Materials Collected under this Agreement. Contractor shall notify the City in accordance with Section 4.5.15 of the Agreement.
H. Approved Facility Unavailable/Use of Alternative Facility. If Contractor is unable to use the Approved Facility due to a sudden unforeseen closure of the Facility or other emergency conditions described in Section 6.1.G in this Exhibit 6, Contractor may use an Alternative Facility provided that the Contractor provides verbal and written notice to the City and receives written approval from the City at least twenty-four (24) hours prior to the use of an Alternative Facility to the extent reasonably practical given the nature of the emergency or sudden closure. The Contractor’s written notice shall include a description of the reasons the Approved Facility is not feasible, and the period of time Contractor proposes to use the Alternative Facility. As appropriate for the type of Discarded Materials to be delivered to the Alternative Facility, the Alternative Facility shall meet the applicable Facility standards in this Agreement and shall be sent to: (i) an allowable Facility, operation, or used for an activity specified by pursuant to 14 CCR Section 18983.1(b) and not subsequently sent to Landfill Disposal; (ii) a “Approved Organic Waste Processing Facility” pursuant to 14 CCR Section 18982(a)(14.5) for Source Separated Recyclable Materials and Source Separated Organic Waste; (iii) a Transfer Facility; or, (iv) a Disposal Facility. If Contractor is interested in using a Facility for Source Separated Organic Waste technology that is not listed above and not currently approved by CalRecycle, Contractor shall be responsible for securing the approvals necessary from CalRecycle prior to the City’s final approval of such Facility or activity and shall do so in accordance with the procedures specified in 14 CCR Section 18983.2.
If any Approved Facility specified in this Exhibit becomes unavailable for use by Contractor for Discarded Materials Collected in the City for a period of more than two (2) days, City may designate an Alternative Facility. The Parties agree that the Approved Facility shall only be deemed to be “unavailable” if one or more of the following has occurred: (i) a Force Majeure event has occurred; (ii) a Facility has lost one or more permits to operate; (iii) a Facility has exhibited a pattern of violation through the receipt of repeated notices of violation from one or more regulatory agencies. Further, the Parties agree that a Facility shall only be deemed to be “unavailable” if the lack of availability of the Facility is not due to Contractor’s negligence, illegal activity, neglect, or willful misconduct. At City’s request, Contractor shall research and propose Alternate Facility(ies) for the impacted Discarded Material(s) and shall submit a written analysis and recommendation to the City within thirty (30) days concerning the cost for use of Alternative Facility(ies) and any logistical changes that would be required to utilize such Alternative Facility(ies). City and Contractor will discuss the advantages and disadvantages of use of the potential Alternative Facility(ies) and City will designate the approved Alternative Facility(ies). The decision of the City shall be final. The change in Facility shall be treated as City-directed change in scope.
March 22, 2022 6 - 8 City of Gardena
In the event an Approved Facility becomes unavailable due to the negligence, illegal activity, neglect, or willful misconduct of Contractor, Contractor shall bear all additional costs for use of an Alternative Facility including increased Processing costs, Disposal Costs, Transportation costs, Transfer costs, and all other costs.
The table listing Approved Facilities in this Exhibit shall be modified accordingly to reflect the new City-Approved Facility(ies).
If Contractor is not the owner of the new Approved Facility, Contractor shall enter into a Subcontract agreement with the Facility operator of the Alternative Facility to require compliance with the requirements of Section 4.5.14 of this Agreement and this Exhibit unless City waives one or more requirements.
I. Discarded Materials Monitoring/Waste Evaluation Requirements. Contractor shall conduct material sampling, sorting, and waste evaluations of various material streams as further described in Section 6.6 in this Exhibit 6 to meet or exceed SB 1383 requirements.
J. Compliance with Applicable Law. Contractor (including its Affiliates and Subcontractors) warrants throughout the Term of this Agreement and any extensions that the Approved Facilities are respectively authorized and permitted to accept Discarded Materials in accordance with Applicable Law and are in full compliance with Applicable Law.
K. Records and Investigations. Contractor shall maintain accurate records of the quantities of Discard Materials Transported to and accepted at the Approved Facility(ies) and shall cooperate with City and any regulatory authority in any audits or investigations of such quantities.
L. Inspection and Investigations. An authorized City employee or agent shall be allowed to enter each Facility during normal working hours in order to conduct inspections and investigations in order to examine Facility operations; Processing activities; contamination monitoring; material sampling and sorting activities, including inspection of end-of-line materials after sorting; and records pertaining to the Facility in order to determine compliance with Applicable Law, including SB 1383, to understand protocols and results, and conduct investigations, if needed. Contractor shall permit City or its agent to review or copy, or both, any paper, electronic, or other records required by City.
6.2 Processing Standards
A. Recovery Required. Contractor agrees to Transport and deliver all Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D Collected under this Agreement to the Approved Facility for Processing as applicable for each material type.
Contractor shall conduct Processing activities for all Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D to recover Source Separated Recyclable Materials and Source Separated Organic Waste to reduce Disposal. The March 22, 2022 6 - 9 City of Gardena
Processing shall be performed in a manner that minimizes Disposal to the greatest extent practicable and complies with Applicable Law, including SB 1383. Contractor may Dispose of Source Separated Organic Waste from homeless encampments and illegal disposal sites and quarantined Organic Waste, which meet the requirements described in 14 CCR Section 18984.13(d), rather than Process such materials.
B. Separate Handling Requirements
1. Contractor shall keep Source Separated Recyclable Materials, Source Separated Organic Waste , and C&D separate from each other and separate from other Solid Waste streams and shall Process the materials separately from each other and separately from other Solid Waste streams.
2. Pursuant to 14 CCR Section 17409.5.6(a)(1), Remnant Organic Waste separated from the Gray/Black Container Waste for recovery can be combined with Organic Waste removed from the Source Separated Organic Waste for recovery once the material from the Source Separated Organic Waste has gone through the Organic Waste recovered measurement protocol described in 14 CCR Section 17409.5.4.
C. Residue Disposal. Contractor shall be responsible for Disposal of residue from Processing activities at its own expense and may select the Disposal Facility(ies) to be used for such purpose.
D. Processing Facility Residue Guarantees. Upon request of the City, Contractor shall provide a certified statement from the Facility operator documenting its residue level.
The residue level shall be calculated separately for each material type and for each Approved Facility used for Recycling and Processing. The residue level calculation method shall be reviewed and approved by the City.
E. Source Separated Recyclable Materials Processing Standards
1. Contractor shall arrange for Processing of all Source Separated Recyclable Materials at a Facility that recovers materials designated for Collection in the Blue Container and in a manner deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a) which states that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste as ADC or AIC.
2. Limits on Incompatible Materials in Recovered Source Separated Organic Waste:
a. Limits. Except as described in Section 6.2.F.4.c of this Exhibit 6, Contractor’s Transfer/Processing Facility or operation shall only send offsite that Source Separated Organic Waste (such as, but not limited to, paper products and printing and writing paper) recovered after Processing Source Separated Recyclable Materials that meets the following requirements or as otherwise specified in 14 CCR Section 17409.5.8(a):
March 22, 2022 6 - 10 City of Gardena
i. On and after January 1, 2022 with no more than 20 percent (20%) of Incompatible Material by weight; and,
ii. On and after January 1, 2024 with no more than 10 percent (10%) of Incompatible Material by weight.
b. Measurement. Contractor shall measure the actual levels of Incompatible Materials in accordance with procedures described in 14 CCR Section 17409.5.8(b).
F. Source Separated Organic Waste Processing Standards.
1. Contractor shall arrange for Processing of all Source Separated Organic Waste at a Facility that recovers Source Separated Organic Waste and, in a manner, deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a) which states that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste as ADC or AIC.
2. Contractor shall arrange for Source Separated Organic Waste Processing at the Approved Organic Waste Processing Facility that meets one or more of the following criteria, and such Facility or operation is capable of and permitted to accept and recover the types of Organic Wastes included in the Source Separated Organic Waste:
a. “Compostable Material Handling Operation or Facility” as defined in 14 CCR Section 17852(a)(12); small composting facilities that are otherwise excluded from that definition; or Community Composting as defined within 14 CCR Section 18982(a)(8). The compostable materials handling operation or Facility shall, pursuant to 14 CCR Section 17867(a)(16), demonstrate that the percentage of Organic Waste in the materials sent to Disposal is:
i. On and after January 1, 2022, less than 20 percent (20%); and, ii. On and after January 1, 2024, less than 10 percent (10%). b. An “In-vessel Digestion Operation or Facility” as defined in 14 CCR 17896.5. The in-vessel digestion Facility or operation shall, pursuant to 14 CCR Section 17896.44.1, demonstrate that the percentage of Organic Waste in the materials sent to Disposal is:
i. On and after January 1, 2022, less than 20 percent (20%); and, ii. On and after January 1, 2024, less than 10 percent (10%).
March 22, 2022 6 - 11 City of Gardena
c. A “Biomass Conversion Operation” as defined in Section 40106 of the California Public Resources Code.
d. Soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a Landfill, that is defined as a reduction in Landfill Disposal in accordance with 14 CCR Section 18983.1(b).
e. Land application of compostable materials consistent with 14 CCR Section 17852(a)(24.5) and subject to the conditions in 14 CCR Section 18983.1(b)(6). f. Lawful use as animal feed, as set forth in California Food and Agricultural Code Section 14901 et seq. and Title 3, Division 4, Chapter 2, Subchapter 2 commencing with 14 CCR Article 1, Section 2675.
g. Other operations or facilities with processes that reduce short-lived climate pollutants that are approved by the State in accordance with 14 CCR Section 18983.2.
If Contractor is interested in using an operation, Facility, or activity not expressly identified above for Source Separated Organic Waste Processing, Contractor shall be responsible for securing the approvals necessary from CalRecycle prior to the City’s final approval of such operation, Facility, or activity, and shall do so in accordance with the procedures specified in 14 CCR Section 18983.2.
3. Preparation of Materials for Processing. The Contractor shall be responsible for preparing materials for Processing at the Approved Organic Waste Processing Facility, which shall include, but is not limited to, removal of visible physical contaminants such as plastic, glass, metal, and chemicals prior to size reduction.
4. Limits on Incompatible Materials in Recovered Organic Waste a. Limits. Except as described in Section 6.2.F.4.c. of this Exhibit 6, Contractor’s Transfer/Processing Facility or operation shall only send offsite that Organic Waste recovered after Processing the Source Separated Organic Waste that meets the following requirements or as otherwise specified in 14 CCR Section 17409.5.8(a):
i. On and after January 1, 2022 with no more than 20 percent (20%) of Incompatible Material by weight; and,
ii. On and after January 1, 2024 with no more than 10 percent (10%) of Incompatible Material by weight.
March 22, 2022 6 - 12 City of Gardena
b. Measurement. Contractor shall measure the actual levels of Incompatible Materials in accordance with procedures described in 14 CCR Section 17409.5.8(b).
c. Exceptions. The limits in Section 6.2.F.4.a. of this Exhibit 6, shall not apply to the recovered Organic Waste sent offsite from the Transfer/Processing Facility or operation, if the Contractor sends the recovered Organic Waste from the Transfer/Processing Facility or operation to one or more of the following types of Facilities that will further Process the Organic Waste, or as otherwise specified in 14 CCR Section 17409.5.7(c):
i. A Transfer/Processing Facility or operation that complies with Section 6.2.F.4.a. of this Exhibit 6;
ii. A compostable material handling facility or operation that, pursuant to 14 CCR Section 17867(a)(16), demonstrates that the percentage of Organic Waste in the materials sent to Disposal is:
(A) On and after January 1, 2022, less than 20 percent (20%); and, (B) On and after January 1, 2024, less than 10 percent (10%). iii. An in-vessel digestion Facility or operation that, pursuant to 14 CCR Section 17896.44.1, demonstrates that the percentage of Organic Waste in the materials sent to Disposal is:
(A) On and after January 1, 2022, less than 20 percent (20%); and, (B) On and after January 1, 2024, less than 10 percent (10%). iv. An activity that meets the definition of a recycling center as described in 14 CCR Section 17402.5(d).
G. C&D Program Standards
1. Contractor shall comply with the CALGreen Construction and Demolition materials Recycling requirements.
2. Contractor shall deliver mixed C&D loads to the Approved C&D Processing Facility for Recycling.
3. Contractor shall deliver Source Separated C&D such as, but not limited to, dirt, concrete, wood waste, cardboard, or other recyclable C&D materials to the Approved C&D Processing Facility or other Facility authorized for Recycling C&D and shall deliver salvageable materials to a party for Reuse or salvage.
March 22, 2022 6 - 13 City of Gardena
4. Contractor shall arrange for Processing of Organic Waste in the C&D at a Facility that recovers Organic Waste from C&D and in a manner deemed not to constitute Landfill Disposal pursuant to 14 CCR Section 18983.1(a), which states that Landfill Disposal includes final deposition of Organic Waste at a Landfill or use of Organic Waste as ADC or AIC.
H. Plastic Bags. Contractor shall annually submit to City written notice from the Approved Organic Waste Processing Facility confirming said Facility can remove plastic bags when Processing Source Separated Organic Waste.
I. Compostable Plastics. Contractor may accept Compostable Plastics at the Approved Organic Waste Processing Facility. Pursuant to this Agreement, Contractor shall annually submit to City written notice from the Approved Organic Waste Processing Facility confirming said Facility can Process and recover these Compostable Plastics.
J. Marketing. Upon request, Contractor shall provide proof to the City that all Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D Collected by Contractor were Processed and recovered materials were marketed for Recycling, salvage, or Reuse or as organics products in such a manner that materials are not deemed Landfill Disposal pursuant to SB 1383 and in a manner that materials are deemed diversion pursuant to AB 939. All residue from the Recycling and Processing activities that is not marketed shall be reported to the City as residue and accounted for as Disposal Tonnage at the Approved Disposal Facility. No Source Separated Recyclable Materials, Source Separated Organic Waste, or C&D shall be Transported to a domestic or foreign location if Landfill Disposal of such material is its intended use. If Contractor becomes aware that a broker or buyer has illegally handled, Disposed of, or used material generated in the City that is not consistent with Applicable Law, Contractor shall immediately inform the City and terminate its contract or working relationship with such party. In such case, Contractor shall find an alternative market for the material(s) recovered from the Source Separated Recyclable Materials, Source Separated Organic Waste, and/or C&D that is compliant with Applicable Law.
The performance of commodity markets for materials recovered from Source Separated Recyclable Materials shall not be considered a reason for deeming a Facility “unavailable”, nor shall it be considered an acceptable basis for the need to use an Alternative Facility, nor shall it serve as the basis for any adjustment in Contractor’s compensation under this Agreement, other than as specifically contemplated in Article 6 of this Agreement.
K. Disposal of Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D Prohibited. With the exception of Processing residue, which shall not exceed the limits established under Applicable Law, Source Separated Recyclable Materials, Source Separated Organic Waste, and C&D Collected under this Agreement may not be March 22, 2022 6 - 14 City of Gardena
Disposed of in lieu of Recycling, Processing, or marketing the material, without the expressed written approval of the City.
If for reasons beyond its reasonable control, Contractor believes that it cannot avoid Disposal of the Source Separated Recyclable Materials, Source Separated Organic Waste, or C&D Collected in the City, then it shall prepare a written request for City approval to Dispose of such material. Such request shall contain the basis for Contractor’s belief (including, but not limited to, supporting documentation), describe the Contractor's efforts to arrange for the Processing of such material, the period required for such Disposal, and any additional information supporting the Contractor's request.
In addition, the request shall describe the Contractor’s proposed interim plans for implementation while the City is evaluating its request. If the City objects to the interim plans, the City shall provide written notice to the Contractor and request an alternative arrangement. The City shall consider the Contractor’s request and inform Contractor in writing of its decision within thirty (30) business days. Depending on the nature of the Contractor’s request, City may extend the thirty (30) business day period, at its own discretion, to provide more time for evaluation of the request and negotiation of an acceptable arrangement with the Contractor.
6.3 Gray/Black Container Waste Disposal Standards
A. Disposal of Gray/Black Container Waste Collected. Contractor shall Transport all Gray/Black Container Waste Collected under this Agreement to the Approved Disposal Facility.
B. Disposal at Approved Facility. Contractor shall not Dispose of Gray/Black Container Waste or residue by depositing it on any public or private land, in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system or in any other manner which violates Applicable Laws.
6.4 Weighing of Discarded Materials
A. Maintenance and Operation. This Section 6.4 of this Exhibit 6 applies to motor vehicle scales used at the Approved Facilities. Approved Facilities shall be equipped with one or more State-certified motor vehicle scales in accordance with Applicable Law. Upon request, Contractor shall arrange for Facility operator to provide documentary evidence of such scale certification within ten (10) days of City’s request during the Term. Licensed weigh master(s) shall operate those scales to weigh all inbound and outbound Collection vehicles Transporting Discarded Materials and all Transfer vehicles Transporting materials to another site. Contractor shall arrange for Facility operator to provide City with access to weighing information at all times and copies thereof within three (3) Business Days following the City’s request. Exceptions to weighing requirements are specified in Section 6.4.G. of this Exhibit 6.
March 22, 2022 6 - 15 City of Gardena
B. Vehicle Tare Weights for Approved Facility(ies). Within thirty (30) days prior to the Commencement Date, Contractor shall coordinate with the Facility operator(s) to ensure that all Collection vehicles used by Contractor to Transport Discarded Materials to Approved Facilities are weighed to determine unloaded (“tare”) weights. Contractor shall work with Facility operator(s) to electronically record the tare weight, identify vehicle as Contractor’s, and provide a distinct vehicle identification number for each vehicle. Contractor shall provide City with a report listing the vehicle tare weight information upon request. Contractor shall promptly coordinate with Facility operator to weigh additional or replacement Collection vehicles prior to Contractor placing them into service. Contractor shall check tare weights at least annually, or within fourteen (14) days of a City request and shall re-tare vehicles immediately after any major maintenance service that could impact the weight of the vehicle by more than fifty (50) pounds.
C. Substitute Scales. If any scale at the Approved Facility is inoperable, being tested, or otherwise unavailable, Facility operator shall use reasonable business efforts to weigh vehicles on the remaining operating scale(s). To the extent that all the scales are inoperable, being tested, or otherwise unavailable, Facility operator shall substitute portable scales until the permanent scales are replaced or repaired. Facility operator shall arrange for any inoperable scale to be repaired as soon as possible.
D. Estimates. Pending substitution of portable scales or during power outages, Facility operator shall estimate the Tonnage of the Discarded Materials Transported to and accepted at the Approved Facilities by utilizing the arithmetic average of each vehicle's recorded tons of Discarded Materials delivered on its preceding three (3) deliveries.
During any period of time the scales are out of service, Facility operator shall continue to record all information required by this Section 6.4 for each delivery of Discarded Materials to the Approved Facilities and each load of material Transferred to another Approved Facility(ies).
E. Weighing Standards and Procedures. At the Approved Facilities, Facility operator shall weigh and record inbound weights of all vehicles delivering Discarded Materials when the vehicles arrive at the Facility. In addition, Facility operator shall weigh and record outbound weights of vehicles for which Facility operator does not maintain tare weight information. Furthermore, Facility operator shall weigh and record outbound weights of all Transfer vehicles Transporting Discarded Materials from a Transfer Facility to another Approved Facility(ies) for Processing or Disposal.
F. Records. Facility operator shall maintain scale records and reports that provide information including date of receipt, inbound time, inbound and outbound weights (or tare weights) of vehicles, vehicle identification number, jurisdiction of origin of materials delivered, type of material, Contractor/hauler identification, and classification, type, weight, and final destination of Discarded Material if the Discarded Materials are Transferred to another Approved Facility(ies).
March 22, 2022 6 - 16 City of Gardena
G. Exceptions to Weighing Requirements. If the Approved Facility does not have motor vehicle scales to weigh Contractor’s vehicles and Discarded Materials delivered to the Facility, Contractor shall obtain a receipt for delivery of the Discarded Materials that identifies the date and time of delivery, the type of material delivered, and the vehicle number. Contractor or Facility operator shall estimate the tonnage of material delivered for each load based on the volumetric capacity of the vehicle and material density factors (e.g., pounds per cubic yard) approved by or designated by the City.
H. Upon-Request Reporting. If vehicle receiving and unloading operations are recorded on video cameras at the Approved Facilities, Contractor shall make those videos available for City review during the Approved Facilities’ operating hours, upon request of the City, and shall provide the name of the driver of any particular load if available.
6.5 Rejection of Excluded Waste
A. Inspection. Contractor will use standard industry practices to detect and reject Excluded Waste in a uniform and non-discriminatory manner and will not knowingly accept Excluded Waste at the Approved Facility(ies). Contractor will comply with the inspection procedure contained in its permit requirements. Contractor will promptly modify that procedure to reflect any changes in permits or Applicable Law.
B. Excluded Waste Handling and Costs. Contractor will arrange for or provide handling, Transportation, and delivery to a Recycling, incineration, or a Disposal facility permitted in accordance with Applicable Law of all Excluded Waste detected at the Approved Facility(ies). Contractor is solely responsible for making those arrangements or provisions and all costs thereof. Nothing in this Agreement will excuse the Contractor from the responsibility of handling Excluded Wastes that Contractor inadvertently accepts in a lawful manner and of arranging for the disposition of that Excluded Waste in accordance with Applicable Law.
6.6 Discarded Materials Evaluations at Approved Facilities A. General. Contractor shall conduct the following “evaluations” at Approved Facilities:
1. Gray/Black Container Waste Evaluations. Waste evaluations of Gray/Black Container Waste at the Approved Transfer Facility (if applicable) in accordance with 14 CCR Sections 18998.1(a)(3)(A) and 17409.5.7.
2. Source Separated Organic Waste Recovery Efficiency Evaluations. Waste evaluations at Approved Transfer Facility (if applicable) or Approved Processing Facility(ies) in accordance with 14 CCR Sections 17409.5.1 to 17409.5.5.
3. Evaluation of Organic Waste in Residuals. Compliance evaluations of Organic Waste to determine the level of Organic Waste in materials sent for Disposal in March 22, 2022 6 - 17 City of Gardena
accordance with 14 CCR Sections 17409.5.3, 17409.5.5, 17867 (Compost operations and facilities), and 17896.44.1 (In-vessel digestion operations and facilities).
B. Record Keeping and Reporting. For the evaluations described above, Contractor shall maintain all records and submit reports to CalRecycle as described in 14 CCR Division 7, Chapter 3, Article 6.3, as applicable. Contractor shall report this information to the City on a monthly basis in accordance with Article 8.
C. Scheduling of Evaluations. Contractor shall schedule evaluations during normal working hours. Contractor shall provide City notice of its intent to conduct evaluations at the Approved Facility(ies) at least ten (10) working days in advance of the evaluations.
D. Observance of Study by City and/or CalRecycle. Contractor acknowledges that, upon request, a representative of the City and/or CalRecycle may oversee its next scheduled quarterly sampling and evaluation of any of the evaluations described in Section 6.6.A of this Exhibit 6 conducted at the Approved Facility(ies).
March 22, 2022 7 - 1 City of Gardena
EXHIBIT 7:
COLLECTION SYSTEM SPECIFICATIONS
1. General. Upon initiation of services under this Agreement, Contractor shall provide a three-Container Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Organic Waste, and Gray/Black Container Waste as specified in this Section, using Containers that comply with the requirements of Section
4.5.4.1. 1A. Source Separated Recyclable Materials Collection (Blue Container). Contractor shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials. Contractor shall Transport the Source Separated Recyclable Materials to (i) the Approved Source Separated Recyclable Materials Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Source Separated Recyclable Materials Processing Facility, as specified in Exhibit 6.
Source Separated Recyclable Materials that are to be accepted for Collection in the Source Separated Recyclable Materials Collection program include the materials defined Section
1.78; such materials shall include Paper Products and Printing and Writing Papers as defined by SB 1383, 14 CCR Section 18982(a). The Parties agree that the list of accepted types of Source Separated Recyclable Materials may be added to or removed from time to time at the sole discretion of the City provided that in all cases Source Separated Recyclable Materials (including Paper Products and Printing and Writing Papers as defined by SB 1383, 14 CCR Section 18982(a)) is included for Collection. Contractor shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Prohibited Container Contaminants shall not be Collected in the Blue Containers.
1B. Source Separated Organic Waste Collection (Green Container). Upon initiation of services under this Agreement, Contractor shall provide Green Containers to Customers for Source Separated Organic Waste Collection. Contractor shall Transport the Source Separated Organic Waste to (i) the Approved Organic Waste Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Organic Waste Processing Facility, as specified in Exhibit 6.
Source Separated Organic Waste that are to be accepted for Collection in the Source Separated Organic Waste Collection program include the following: Food Scraps, FoodSoiled Paper, Compostable Plastics, and Green Waste. The Parties agree that types of Source Separated Organic Waste may be added to or removed from this list from time to time at the sole discretion of the City. Contractor shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Carpets, Non- March 22, 2022 7 - 2 City of Gardena
Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers.
Green Waste that is to be accepted for Collection in the Source Separated Organic Waste Collection program includes the materials defined in Section 1.56. The Parties agree that accepted types of Organic Waste may be added to or removed from this list from time to time at the sole discretion of the City. Contractor shall not add or remove materials to or from this list without written approval from the City or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. Carpets, NonCompostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers.
Contractor may Collect Compostable Plastics in the Green Containers for Processing at the Approved Organic Waste Processing Facility. At least three (3) months prior to the commencement of the Collection of Compostable Plastics in the Source Separated Organic Waste program, Contractor shall provide written notification to the City that the Facility can Process and recover these Compostable Plastics. Contractor shall provide written notification to the City annually that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. Contractor shall notify the City within five (5) business days of the Facility’s inability to accept Compostable Plastics. The notification shall include: a description of the reasons the Facility is no longer able to Process and recover Compostable Plastics; the period of time the Facility will not Process and recover Compostable Plastics; and the Contractor’s proposed plan to assist in education and outreach of Customers in the event that Compostable Plastics are no longer accepted for Collection. Such changes shall be handled as a change in scope pursuant to Section 2.10.
1D. Gray/Black Container Waste Collection (Gray/Black Container). Contractor shall provide Gray/Black Containers to Customers for Collection of Gray/Black Container Waste. Contractor shall Transport the Gray/Black Container Waste to (i) the Approved Disposal Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to the Approved Disposal Facility, as specified in Exhibit 6. Contractor may allow carpets and textiles to be placed in the Gray/Black Containers. Prohibited Container Contaminants shall not be Collected in the Gray/Black Containers.
2. Use of Plastic Bags for Source Separated Organic Waste Collection 2A. Option 1: Food Waste in Plastic Bags in the Green Containers. Contractor shall allow Customers and Generators to place Food Waste in plastic bags and put the bagged Food Waste in the Green Container. At least three (3) months prior to the commencement of the use of plastic bags for the Food Waste program, Contractor shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383, and that the Approved Organic Waste Processing Facility can Process and remove plastic bags when it recovers Source Separated Organic Waste.
March 22, 2022 7 - 3 City of Gardena
Annually, in accordance with Article 8, Contractor shall provide written notification to the City that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers Source Separated Organic Waste. If, at any time during the Term of the Agreement, the Approved Organic Waste Processing Facility can no longer accept plastic bags, City may assess Liquidated Damages or deem such failure an event of default under Section 11.1. Contractor shall notify the City within five (5) business days of the Facility’s inability to accept plastic bags. The notification shall include: a description of the reasons the Facility is no longer able to Process and recover plastic bags; the period of time the Approved Facility will not Process and recover plastic bags; and the Contractor’s proposed plan to assist in education and outreach of Customers in the event that plastic bags are no longer accepted for Collection. Such changes shall be handled as a change in scope pursuant to Section 2.10.
3. C&D Collection
Contractor shall Collect C&D materials from all Customers that subscribe to its C&D Collection services and Transport the C&D to (i) the Approved C&D Processing Facility, or (ii) the Approved Transfer Facility for Transfer and Transport to an Approved C&D Processing Facility. Contractor shall provide C&D Collection and Processing services in accordance with this Agreement. Contractor shall charge Customers for C&D Collection services at City-approved Rates.
March 22, 2022 8 - 1 City of Gardena
EXHIBIT 8:
CITY FACILITIES
March 22, 2022 9 - 1 City of Gardena
EXHIBIT 9:
CITY STREET AND PARK CONTAINERS
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 15.B
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: March 22, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Approve the Proposed Conceptual Design to proceed with the Final Design and Construction Document Phase of the Gardena Community Aquatic and Senior Center, JN 978.
COUNCIL ACTION REQUIRED:
Staff Recommendations: Approve the Proposed Conceptual Design RECOMMENDATION AND STAFF SUMMARY:
On September 28, 2021, City Council approved the design Architecture and Engineering services for the Gardena Community Aquatic and Senior Center Project to RJM Design Group. Subsequently, the City received $8.5M, Proposition 68, park grant funds and an additional $15M bond proceed for various park projects. The additional bond will supplement the remaining cost for this project.
Thus far, various project tasks have been completed including the development of the portal/website, land and topographic surveys, geotechnical study, hazmat report, application to underground existing overhead utilities, held stakeholder and community meetings, developed the demolition Plans & Specs and the conceptual design plans.
The existing facility is approximately 1,500 square feet and has shower and locker rooms.
The conceptual design phase has a newly constructed 12,000 square foot building that incorporates the programs that were identified in the grant application. The community complex will be built on the acquired four-plex buildings that will be adjacent to the pool. The building will have amenities for the senior center and aquatics center. The senior center will have a reception/lobby, restroom, conference room, office, breakroom, storage room and kitchen/pantry. The aquatics center will have a ticket window, men/women's locker room and family restroom.
The current Primm pool is 25-yards with 6-lanes. The pool will be expanded to 8-lanes. There will be an aquatics center entrance, outdoor showers, bleacher seating, seat walls, shade structures, diving board, pool equipment/mechanical room and pool storage. The outdoor courtyard will have the exercise station, ADA accessible drinking fountain, picnic tables, barbecue grill and lawn area. There will also be ADA parking stalls.
In addition to the proposed conceptual design phase, the demolition plans and specifications have been completed and are ready to release the bid invitation. Staff plans to seek Council approval of the construction contract award in May 2022 and complete the demolition by October 2022. If the conceptual design is approved, the construction document phase is scheduled to be completed by early 2023 and construction will begin late Spring 2023.
Staff respectfully recommends that the City Council approves the proposed conceptual design to proceed with the final design and construction document phases of the Gardena Community Aquatic and Senior Center.
FINANCIAL IMPACT/COST:
Amount of Expenses: $1,227,625.00
Funding Sources: Prop 68 Park Grant
ATTACHMENTS:
JN 978 Project Location Map.pdf
Gardena Community Aquatics Senior Center - Conceptual Plan 3.15.22.pdf APPROVED:
___________________________________
Clint Osorio, City Manager
Gardena Community Aquatic and Senior Center, JN 978
COMMUNITY AQUATICS & SENIOR CENTER
CITY OF GARDENA, CALIFORNIA
03/15/2022 CONCEPTUAL PLAN
0 5’ 10’ 20’
Aquatics Center Ticket Window
Aquatics Center Entrance
Aquatics Center Womens Locker
Aquatics Center Mens Locker
Aquatics Center Family Restroom
Indoor Storage Lockers
Outdoor Showers
Senior Center Reception / Lobby
Senior Center Lobby Restroom
Senior Center Conference Room /
Office
Senior Center Staff Breakroom /
Storage
Senior Daycare
Kitchen / Pantry
Senior Daycare Outdoor Courtyard
Outdoor Exercise Stations (Qty. 7)
in D.G. Courtyard
Tubular Steel Fencing and Gate
ADA Accessible Drinking Fountain
Picnic Tables (Qty. 3)
BBQ Grill
Lawn Area
ADA Parking Stalls (Qty. 3)
Perimeter Wall
Maintenance Access Gate
Bleacher Seating
Seat Walls
Cantilever Shade Structures (Qty. 5)
Pool - 8 Lanes
Diving Board
Pool Equipment / Mechanical Room
Pool Storage
LEGEND
W 160TH ST
HARVARD BLVD
LA SALLE AVE
Proposed Building Area:
First Floor: 6,136 S.F.
Second Floor: 5,831 S.F.
TOTAL: 11,967 S.F.
1 2
3 4
5 6
7 8
9 10
11 12
13 1
14 2
5 15
21 16
17 18
19 25
23 24
20 21
22 23
22 24
25 22
26 27
3 4
6 7
8 10
11 12
13 14
16 17
15 25
19 20
25 22
26 27
28 28
29 29 30
30 20
18 9
COMMUNITY AQUATICS & SENIOR CENTER
CITY OF GARDENA, CALIFORNIA
03/15/2022 CONCEPTUAL PLAN
0 5’ 10’ 20’
FIRST FLOOR
6,136 S.F.
SECOND FLOOR
5,831 S.F.
City of Gardena
Gardena City Council Meeting
AGENDA REPORT SUMMARY
Agenda Item No. 17.A
Section: DEPARTMENTAL
ITEMS - TRANSPORTATION
Meeting Date: March 22, 2022
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Approve Purchase of Seven (7), 40-foot Zero-Emission Battery Electric Buses for $7,740,208 and Authorize Program Total of $8,514,229 COUNCIL ACTION REQUIRED:
Staff Recommendation: Approve Purchase and Program Total RECOMMENDATION AND STAFF SUMMARY:
Between FY2017-2023, GTrans will be replacing its entire fleet of 40-foot gasoline electric hybrid buses that have reached the end of their useful lives. In order to guide the timely replacement of aging buses, Staff developed a FY2017-2023 Fleet Replacement Plan approved by Council in February 2017. The plan dictated that GTrans would immediately pursue a combination of both CNG and zero emission buses for the near-term replacement of its fleet, with an eventual conversion of the entire fleet to zero emission by 2034. In accordance with the plan, GTrans deployed its first order of 18 Compressed Natural Gas (CNG) buses in 2021, is poised to purchase its next 14 CNG buses, and is now also ready to place the first order of new zero-emission, battery electric buses (ZEBs), which will replace existing 2010 gasoline hybrid electric buses.
GTrans currently operates six zero-emission battery electric buses: five are electric conversions and one is an early-model, traditional electric bus. After an evaluation by Staff regarding the available models from eligible ZEB manufacturers, GTrans has selected the Zero-Emission Bus from Gillig, manufactured in Livermore, CA.
GTrans is able to participate in a purchasing cooperative agreement with the Washington State Transit Bus Cooperative that will allow the purchase of seven ZEBs from Gillig, LLC.
The FTA encourages grant recipients to procure goods and services jointly with other recipients or participate in purchasing cooperatives to obtain better pricing through volume purchases.
As with all new bus purchases, GTrans will incorporate the latest safety features and designs, including improved American with Disabilities Act (ADA) amenities and boarding ramps. New buses will provide a safer, cleaner operating environment for GTrans passengers and employees, improve fleet reliability, allow GTrans to remain in compliance with California Air Resources Board (CARB) and South Coast Air Quality Management District (SCAQMD) regulations, and be on a path to fully transition to zero-emission in the future. The buses, which are anticipated to arrive in the late summer of 2023, will be deployed throughout our service area.
The buses will also require the purchase of plug-in charging equipment and dispensers.
However, Staff is still evaluating equipment requirements from the various manufacturers available on the Washington State Bus Cooperative and will come back to Council at a later date with a recommendation.
Therefore Staff respectfully recommends that Council authorize the purchase of seven zeroemission buses from Gillig, which includes sales tax, training, spare parts, and delivery for a total price of $7,740,208. GTrans is also requesting authorization for a 10 percent contingency of $774,021 to account for any unforeseen changes, only to be approved in advance by GTrans staff for a not to exceed project total of $8,514,228. And, to authorize the City Manager, or his designee to sign any subsequent documents required by the purchase.
FINANCIAL IMPACT/COST:
GTrans has federal, state, and local funding obligated in existing grants designated for this purchase. There is no impact to the General Fund.
ATTACHMENTS:
Quote Letter GTrans BEB 20220314.pdf
Gardena CA (7) 40' Electric Buses off WA Contract - 3-14-22.pdf Gillig Bus Model Specifications.pdf
WATransitBusCPA_GTrans FINAL.pdf
APPROVED:
___________________________________
Clint Osorio, City Manager
March 14, 2022
Mr. Ernie Crespo
Director of Transportation
GTrans
13999 S. Western Ave.
Gardena, CA 90249
Dear Mr. Crespo,
Thank you for your interest to purchase SEVEN (7) 40’ Low Floor Plus Battery Electric Buses through the State of Washington RFP#2020 06719-01.
Attached you will find the State of Washington RFP price tabulation that would pertain to the GTrans order. GILLIG is pleased to quote the following:
SEVEN (7) 40’X102” LOW FLOOR BATTERY ELECTRIC BUSES $1,105,743.96 EA This price is valid for 30 days. Prices exclude registration and license fees but does include CA Sales Tax (10.25% adjusted to 6.3125%). The production of your buses can be scheduled within 18-20 months from receipt of purchase order. To maintain this production schedule, we will require a firm purchase order within 30 days.
We thank you for this opportunity and appreciate your interest in GILLIG and our products.
We certainly look forward to working with GTrans and in so doing, building our long-term partnership. Should you have any questions, please do not hesitate to contact me.
Sincerely,
Sean Solis
Sean Solis
Regional Sales Manager
cc: William F. Fay, Jr.
Javier Hernandez, Jr.
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA GARDENA, CA VARIANCE
EXTERIOR STYLING PACKAGE LOW FLOOR PLUS LOW FLOOR PLUS -
CUMMINS EV TRACTION MOTOR,
INVERTERS & POWER
MANAGEMENT SYSTEMS
INCLUDED REQUIRED -
ESS ENERGY STORAGE SYSTEM
WITH 6 BATTERY PACKS INCLUDED REQUIRED W/ 7TH BATTERY PACK 47,886.00
DEPOT PLUG-IN CHARGING PORT
PER SAE J1772
(1) CCS TYPE 1 CONNECTOR
(REAR - CURBSIDE)
(2) CCS TYPE 1 CONNECTOR
(FRONT - STREETSIDE &
REAR - CURBSIDE)
6,850.00
COOLANT FILTER FOR EBUS
APPLICATION INCLUDED REQUIRED -
BRAKES DISC BRAKES DISC BRAKES -
BRAKE VALVE BENDIX E-8 BENDIX E-10 114.00
AXLE HUB SEALS FRONT & REAR -
GREASE SEALS
FRONT & REAR -
GREASE SEALS -
MERITOR FRONT & REAR AXLES INCLUDED REQUIRED -
MAGNETIC AXLE DRAIN PLUGS INCLUDED REQUIRED -
ELECTRONIC STABILITY CONTROL INCLUDED REQUIRED -
AUTOMATIC TRACTION CONTROL INCLUDED REQUIRED -
HUBODOMETER NOT INCLUDED NOT REQUIRED -
HUBODOMETER GUARD NOT INCLUDED NOT REQUIRED -
WHEEL MOUNTING HUB PILOTED HUB PILOTED -
WHEELS (6) FULL POLISHED
ALUMINUM WHEELS
(6) FULL POLISHED
ALUMINUM WHEELS -
DURAFLANGE WHEELS NOT INCLUDED NOT AVAILABLE -
TIRES CUSTOMER SUPPLIED CUSTOMER SUPPLIED -
ELECTRIC STEERING ASSIST NOT INCLUDED REQUIRED 2,494.00
VIP TEXTURED STEERING WHEEL NOT INCLUDED NOT REQUIRED -
ONSPOT DROP DOWN
AUTOMATIC CHAINS NOT INCLUDED NOT REQUIRED -
FUEL FILL NOT INCLUDED NOT REQUIRED -
FUEL MANAGEMENT SYSTEM NOT INCLUDED NOT REQUIRED -
OIL PRESURE & COOLANT TEMP
GAUGES IN ENGINE COMP'T
ELECTRIC
PROGRAMMABLE GAUGE
ELECTRIC
PROGRAMMABLE GAUGE -
ELECTRIC HYDRAULIC PUMP INCLUDED REQUIRED -
SWAT SWITCH NOT INCLUDED NOT REQUIRED -
ELECTRICAL TOW CONNECTION NOT INCLUDED REQUIRED 183.00
AD-IP AIR DRYER FOR EBUS
APPLICATION INCLUDED REQUIRED -
ENGINE SKID PROTECTION NOT INCLUDED NOT REQUIRED -
A-POST SKID PLATES NOT INCLUDED NOT REQUIRED -
HORN SPLASH SHIELD NOT INCLUDED NOT REQUIRED -
EXTERIOR SKIRT PANELS & ACCESS
DOORS W/ KEYED LOCKS TO MATCH
DRIVERS STORAGE BOX (WILL NOT
INCLUDE ANY ACCESS DOOR THAT
CAN NOT BE LOCKED IN CASE OF
AN EMERGENCY)
NOT INCLUDED REQUIRED (BUDGETARY ONLY) 500.00
LEVEL 2 INSULATION INCLUDED REQUIRED -
BATTERY TYPE (2) ODYSSEY AGM GROUP 31 (2) INTERSTATE AGM GROUP 31 135.00
BATTERY JUMP START CONN INCLUDED
(REAR CONNECTION)
INCLUDED
(FRONT CONNECTION) (45.00)
PRICE VARIANCE
3/14/2022
GARDENA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (7) 40' LOW FLOOR PLUS ELECTRIC BUS, SN: TBD
PAGE 1 OF 5
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA GARDENA, CA VARIANCE
PRICE VARIANCE
3/14/2022
GARDENA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (7) 40' LOW FLOOR PLUS ELECTRIC BUS, SN: TBD
WHEELCHAIR RAMP LIFT-U LU18
LIFT-U LU18 (W/ REMOTE STANCHION
MOUNTED CONTROLLS AT FRONT
DOOR)
850.00
TK ELECTRIC HVAC SYSTEM TE18 INCLUDED REQUIRED -
REFRIGERANT R407C R407C -
REFRIGERANT PRESSURE
DISPLAY NOT INCLUDED NOT REQUIRED -
20% OUTSIDE AIR & FILTER NOT INCLUDED NOT REQUIRED -
EBUS COLD WEATHER PACKAGE W/
DIESEL & ELECTRIC FIRED
AUXILIARY COOLANT HEATER
NOT INCLUDED NOT REQUIRED -
FRONT THRESHOLD HEATER NOT INCLUDED NOT REQUIRED -
STREETSIDE HEATER NOT INCLUDED NOT REQUIRED -
REAR CURBSIDE HEATER NOT INCLUDED NOT REQUIRED -
UNDERSEAT HEATER NOT INCLUDED NOT REQUIRED -
WARM WALL HEATER NOT INCLUDED NOT REQUIRED -
DASH FAN(S) NOT INCLUDED NOT REQUIRED -
SENSTIVE EDGE NOT INCLUDED REQUIRED (BOTH DOORS) 675.00 REAR DOOR 34" AIR OPEN/SPRING CLOSE 34" ELECTRIC OPEN/CLOSE - DOOR CONTROLS (FRONT & REAR) AIR-FULL DRIVER CONTROL ELECTRIC-FULL DRIVER CONTROL 4,012.00 VAPOR CLASS (PHOTO SENSOR) NOT INCLUDED REQUIRED 3,292.00
VAPOR DIGITAL DOOR CONTROL W/
BUTTONS NOT INCLUDED NOT REQUIRED -
EXTERIOR FRONT DOOR RELEASE NOT INCLUDED REQUIRED 162.00 ELECTRICAL EQUIPMENT CABINET 44" W/(2) FANS 44" W/(2) FANS -
ELECTRICAL EQUIPMENT
STORAGE BOX LIGHTING NOT INCLUDED NOT REQUIRED -
CS WHEELWELL STORAGE BOX NOT INCLUDED REQUIRED 505.00
PASSENGER INFO STATION NOT INCLUDED NOT REQUIRED -
SCHEDULE RACKS NOT INCLUDED OBIC 19/21 4PW 2L 385.00
DISPLAY/SCHEDULE HOLDER NOT INCLUDED NOT REQUIRED -
INTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED -
EXTERIOR AD FRAMES NOT INCLUDED NOT REQUIRED -
PASSENGER SEATS AMSECO INSIGHT
W/ A.R.M, Q'STRAINT RESTRAINTS
USSC ARIES W/ 2 Q'PODS &
DRAIN HOLES (PER GTRANS SPECS) 21,664.00
DUAL USB PORTS MOUNTED ON
PASSENGER SEATS NOT INCLUDED REQUIRED - (19) PORTS 2,992.00
REAR SEAT RISERS FOR FWD
FACING SEATS NOT INCLUDED NOT REQUIRED -
FRONT WHEELWELL VERTICAL
STANCHIONS NOT INCLUDED NOT REQUIRED -
DRIVERS SEAT RECARO ERGO METRO
W/ HEADREST & 2-PT BLACK BELT
RECARO ERGO METRO
W/ HEADREST & 3-PT ORANGE BELT 263.00
SEAT BELT CLIP (COMFORT CLIP
ADJUSTER) NOT INCLUDED REQUIRED 25.00
SEAT BELT EXTENSION NOT INCLUDED NOT REQUIRED -
SEAT BELT ALARM NOT INCLUDED REQUIRED 134.00
SEAT CUSHION ALARM NOT INCLUDED REQUIRED 134.00
SEAT ARMREST NOT INCLUDED REQUIRED - EACH SIDE 338.00
PASSENGER SIGNALS PULL CORDS PULL CORDS -
PAGE 2 OF 5
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA GARDENA, CA VARIANCE
PRICE VARIANCE
3/14/2022
GARDENA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (7) 40' LOW FLOOR PLUS ELECTRIC BUS, SN: TBD
STOP REQUEST AT REAR DOOR
STANCHION NOT INCLUDED NOT REQUIRED -
STOP REQUEST LAMP AT DASH NOT INCLUDED INCLUDED WITH MFD II -
DRIVERS BARRIER WRAPAROUND
W/OUT SCHEDULE HOLDERS
WRAPAROUND
W/OUT SCHEDULE HOLDERS -
DRIVERS PROTECTION BARRIER NOT INCLUDED AROW GUARD W/ EXTENDED GLASS 5,240.00
MODESTY PANEL FWD OF
REAR DOOR NOT INCLUDED REQUIRED W/ CLEAR PLEXIGLASS UPPER PANEL 350.00 OVERHEAD GRAB STRAPS NOT INCLUDED (10) REQUIRED - 2-PC NYLON W/ COLLARS (BUDGETARY ONLY) 500.00
STANCHIONS YELLOW POWDER COATED SSTL -
PASSENGER WINDOWS AROW
STD FRAME / UPPER TRANSOM
AROW
BONDED FRAME / UPPER TRANSOM 4,486.00
HEADLAMPS LED LOW & HIGH BEAMS LED LOW & HIGH BEAMS -
STOP/TAIL/TURN/BACK UP LAMPS 4" ROUND DIALIGHT LED 4" ROUND DIALIGHT LED - REAR CAP AUX STOP LAMPS (2) 4" RED LED LAMPS (2) 4" RED LED LAMPS -
REAR CAP MOUNTED YIELD SIGN NOT INCLUDED NOT REQUIRED - EXTERIOR PORCH LAMPS NOT INCLUDED REQUIRED (FRONT & REAR) 350.00
EXTERIOR AUX CURB TURN LAMPS
TO ILLUMINATE FRONT & REAR
DOOR AREAS
NOT INCLUDED REQUIRED (BUDGETARY ONLY) 500.00
BATTERY COMPARTMENT LAMPS NOT INCLUDED NOT REQUIRED -
INTERIOR LAMPS LED I/O CONTROLS LED I/O CONTROLS -
PLEASURE RADIO NOT INCLUDED NOT REQUIRED -
2-WAY RADIO NOT INCLUDED NOT REQUIRED -
2-WAY RADIO & ANTENNA NOT INCLUDED NOT REQUIRED -
12V BATTERY SUPPLY SOCKET NOT INCLUDED NOT REQUIRED -
PA SYSTEM/VOICE ANNUCIATOR STD REI
HANOVER HTC-AVA PUBLIC
ANNOUNCEMENT SYSTEM W/
MONITOR & (2) INTERIOR LED SIGNS
12,441.00
INSIDE SPEAKERS (6) SIX (6) SIX -
DRIVERS SPEAKER NOT INCLUDED NOT REQUIRED -
BOOM MIC INCLUDED REQUIRED -
HEATED FRONT GLAZING NOT INCLUDED NOT REQUIRED -
DESTINATION SIGNS TWIN VISION AMBER
(FRONT, CS & REAR RUN SIGN)
HANOVER WHITE
(FRONT, CS & REAR RUN SIGN) 3,020.00
FRONT RUN SIGN NOT INCLUDED HANOVER WHITE 1,027.00
REAR VIEW CAMERA NOT INCLUDED NOT REQUIRED -
FAREBOX PRE-WIRE ONLY PRE-WIRE ONLY -
FAREBOX GUARD INCLUDED INCLUDED -
CEILING MTD FAREBOX LAMP NOT INCLUDED NOT REQUIRED -
TRANSFER CUTTER NOT INCLUDED NOT REQUIRED -
PASSENGER COUNTER NOT INCLUDED NOT REQUIRED -
FULL COMPOSITE FLOOR INCLUDED REQUIRED -
FLOORING MATERIAL ALTRO ALTRO -
INTERIOR TRIM VINYL VINYL -
ROOF HATCHES (1) REAR MANUAL (1) REAR MANUAL -
EXTERIOR MIRRORS - STREETSIDE 8" X 8" 1-PC,
NON-HEATED W/ REMOTE
8" X 8" 2-PC LOW MOUNT & CONVEX,
NON-HEATED WITH REMOTE 82.00
EXTERIOR MIRRORS - CURBSIDE 8" X 8" 1-PC,
NON-HEATED W/ REMOTE
8" X 8" 2-PC, LOW MOUNT & CONVEX
NON-HEATED WITH REMOTE 82.00
PAGE 3 OF 5
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA GARDENA, CA VARIANCE
PRICE VARIANCE
3/14/2022
GARDENA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (7) 40' LOW FLOOR PLUS ELECTRIC BUS, SN: TBD
TURN SIGNAL INDICATOR ON
MIRROR HEAD NOT INCLUDED REQUIRED - STREETSIDE & CURBSIDE 250.00
FIRE SUPRESSION
WITHOUT ESS SUPRESSION AMEREX V-25 W/24 HR BATTERY AMEREX V-25 W/24 HR BATTERY -
TRAFFIC LIGHT PREEMPTION NOT INCLUDED OPTICOM SYSTEM
(BUDGETARY ONLY) 5,500.00
VIDEO SURVEILLANCE NOT INCLUDED
APOLLO CAMERA SYSTEM W/
DRIVERS AREA MONITOR
(BUDGETARY ONLY)
17,500.00
BACK UP CAMERA W/ DASH
MOUNTED MONITOR NOT INCLUDED NOT REQUIRED -
BIKE RACK SPORTWORKS
MOUNTING BRACKETS ONLY
BYK RACK 3-POSITION
BLACK POWDER COATED 2,548.00
BIKE RACK AD FRAME NOT INCLUDED NOT REQUIRED -
BIKE RACK MIRROR NOT INCLUDED NOT REQUIRED -
BIKE RACK DEPLOYED LAMP NOT INCLUDED REQUIRED 200.00
MEDICAL AID KIT NOT INCLUDED NOT REQUIRED -
BLOODBORN PATHOGEN KIT NOT INCLUDED NOT REQUIRED -
BIO-HAZARD KIT NOT INCLUDED NOT REQUIRED -
WHEEL CHOCKS (SET) NOT INCLUDED NOT REQUIRED -
ELECTRONIC MFD MULTI FUNCTION
DASH DISPLAY (MFD II) INCLUDED REQUIRED -
CUP HOLDER NOT INCLUDED NOT REQUIRED -
WASTE CONTAINER NOT INCLUDED NOT REQUIRED -
WEB CUTTER NOT INCLUDED NOT REQUIRED -
CAD / AVL ITS SYSTEM NOT INCLUDED
CLEVER DEVICES FULL INSTALL
(GTRANS SPECS)
(BUDGETARY ONLY)
40,000.00
AUTOMATIC PASSENGER COUNTER NOT INCLUDED NOT REQUIRED -
I/O PROGRAM MODULE NOT INCLUDED NOT REQUIRED -
ADJUSTABLE PEDALS NOT INCLUDED REQUIRED 1,130.00
MISC INTERIOR & EXTERIOR
DECALS NOT INCLUDED REQUIRED 750.00
EXTERIOR PAINT 1-COLOR 5-COLORS 8,600.00
CLEAR COAT NOT INCLUDED REQUIRED 2,250.00
EXTERIOR GRAPHICS BUS NUMBERS ONLY
GARDENA, CA
CUSTOM EBUS GRAPHICS
(BUDGETARY ONLY)
5,000.00
ROOF NUMBERS INCLUDED REQUIRED -
EXT WARRANTY (BASIC BUS) 24 MONTHS / 100,000 MILES 24 MONTHS / 100,000 MILES -
EXT WARRANTY (BODY
STRUCTURAL) 36 MONTHS / 150,000 MILES 36 MONTHS / 150,000 MILES -
EXT WARRANTY (STRUCTURAL
INTEGRITY CORROSION) 144 MONTHS / 500,000 MILES 144 MONTHS / 500,000 MILES - EXT WARRANTY (WATER LEAKS) 12 MONTHS / 50,000 MILES 12 MONTHS / 50,000 MILES - WARRANTY - ESS (BATTERIES) 72 MONTHS / 300,000 MILES 72 MONTHS / 300,000 MILES - WARRANTY - (TRACTION MOTOR) 36 MONTHS / 100,000 MILES 36 MONTHS / 100,000 MILES - WARRANTY - (HVAC TK ELECTRIC) 36 MONTHS / UNL MILES 36 MONTHS / UNL MILES -
WARRANTY (ALL OTHERS) BASE COVERAGE PER
WASHINGTON CONTRACT
BASE COVERAGE PER
WASHINGTON CONTRACT -
PAGE 4 OF 5
CONFIDENTIAL
ITEM STATE OF WASHINGTON, WA GARDENA, CA VARIANCE
PRICE VARIANCE
3/14/2022
GARDENA, CA OFF OF STATE OF WASHINGTON RFP# 2020 06719-01 (7) 40' LOW FLOOR PLUS ELECTRIC BUS, SN: TBD
ADDITIONAL MANUALS &
LAMINATED ELECTRICAL
SCHEMATICS
NOT INCLUDED REQUIRED (BUDGETARY ONLY) 3,500.00
TRAINING NOT INCLUDED EBUS MAINTENANCE 72 HOURS
($15,000 / 7 = $2,143 PER BUS) 2,143.00
TOTAL GARDENA, CA VARIANCES 210,997.00
STATE OF WASHINGTON, WA 40' LOW FLOOR PLUS ELECTRIC BASE UNIT PRICE (APRIL 2021) 813,044.00 DELIVERY 3,298.00
GARDENA, CA 40' LOW FLOOR PLUS ELECTRIC CURRENT PRICE (3/11/2022) 1,027,339.00 NON-TAXABLE ADA EQUIPMENT 23,958.00
DELIVERY COST & TRAINING 5,441.00
GARDENA, CA NON-TAXABLE ITEMS 29,399.00
CURRENT GARDENA, CA 40' LOW FLOOR UNIT PRICE (NON-TAXED) 1,027,339.00 GARDENA, CA NON-TAXABLE ITEMS (29,399.00)
CURRENT GARDENA, CA 40' LOW FLOOR TAXABLE UNIT PRICE 997,940.00 CALIFORNIA SALES TAX - GARDENA, CA (10.25% ADJUSTED TO 6.3125% ZERO EMISSION) 62,994.96 GARDENA, CA NON-TAXABLE ITEMS 29,399.00
CURRENT GARDENA, CA 40' LOW FLOOR W/ DELIVERY & CA SALES TAX 1,090,333.96 SPARES & TOOLING BUDGET (1.5%) 15,410.00
GARDENA, CA 40' LOW FLOOR PLUS ELECTRIC UNIT PRICE, W/ CA SALES TAX (3/14/2022) 1,105,743.96 OBIC 19/21 4P 1T 385.00
OBIC 19/21 4P 2L 385.00
OBIC 19/21 4PW 1T 385.00
CONFIDENTIAL
This pricing information is intended only for the personal and confidential use of the recipient(s) to whom it was originally sent. If you are not an intended recipient of this information or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this information in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited.
OPTIONS TO BE CONSIDERED NOT INCLUDED IN ABOVE PRICING
NON-TAXABLE ITEMS
CURRENT BUS PRICE CALCULATIONS INCLUDING CA SALES TAX
PAGE 5 OF 5