A G E N D A
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In
compliance
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Disabilities
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(ADA)
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records,
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in the Office of the City Clerk, 613 E. Broadway, RM 110, Glendale, CA 91206.
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Speakers
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Please
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The
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JANUARY 23, 2024
ROLL CALL
1. CLOSED SESSION
– 1:00 PM ( To Commence at 4:00 PM)
a.
Public Employee Appointment – Senior Assistant City Attorney b.
Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van
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Muyden, Paula Adams, Aymee Martin, Jason Bradford and Peter Brown. The name of the employee organization is: Glendale City Employees Association
2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.
Flag Salute: Mayor Pro Tem Kassakhian
b.
Invocation: Dr. Suzie Abajian, City Clerk
c.
Report of the City Clerk, re: Posting of Agenda. The Agenda for the January 23, 2024 Regular Meeting of the Glendale City Council was Posted on January 18, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a.
Agenda Preview for the Meetings of Tuesday, January 30, 2024 b.
Commendations for Student Exchange Delegation Visit from Sister City Boeun, South Korea
4. CONSENT ITEMS
(Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a.
City Clerk, re: Minutes of the Joint City Council and Housing Authority and Regular City Council Meetings of January 9, 2024
b.
Public Works, re:
Award of Construction Contract for the Palmer Avenue and Green Street Rehabilitation Project
1. Motion to award a construction contract to All American Asphalt in the amount of $1,271,752, approving a 10 percent contract contingency in the amount of $127,175, and authorizing the City Manager or a designee to execute the contract
2. Resolution of appropriation to transfer funds in the amount of $1,398,927 for the Palmer Avenue and Green Street Rehabilitation Project
c.
Public Works, re:
Award of Construction Contract for the Fiscal Year 2023 Slurry Seal and Crack Seal Program
1. Motion awarding a construction contract to Onyx Paving Company, Inc. in the amount of $3,233,000, approving a 10 percent contract contingency in the amount of $323,300, and authorizing the City Manager or a designee to execute the contract
2. Resolution of appropriation to shift and appropriate funds in the amount of $3,556,300 for the Fiscal Year 2023 Slurry Seal and Crack Seal Program d.
Public Works, re: Summary Vacation of the First Alley Southwesterly of Riverside Drive, Northwesterly of Allen Avenue (Alley 307) for a Equestrian and Canine Kennel Project; Vacation Case No. 189V
1. Resolution Ordering the Vacation
2. Resolution Adopting Plan No. 12-244
e.
Glendale Water and Power, re:
Task Order with Ascend Analytics, LLC for Software,
License and Support Services for Integrated Resource Planning for Glendale Water & Power
1. Motion authorizing the City Manager, or his designee, to execute a Task Order with Ascend Analytics, LLC under an Agreement with the Southern California Public Power
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Authority for continued Software, License and Support Services for Integrated Resource Planning for Glendale Water & Power, for a total contract not-to-exceed amount of $394,064.46 for a three-year term, with an option for the City to extend the contract for two additional one-year terms in a total amount not to exceed $279,402.64 for both years; and authorizing a one-time payment of $12,285.96 for outstanding portion of a prior annual fee
f.
Public Works, re:
Award of Construction Contract for the San Fernando Road Beautification Project Phase I
1. Motion awarding a construction contract to All American Asphalt in the amount of $14,115,620, approving a 10 percent contract contingency in the amount of $1,411,562, and authorizing the City Manager or a designee to execute the contract
2. Resolution of appropriation to appropriate funds in the amount of $16,232,963 for the San Fernando Road Beautification Project Phase I
g.
Glendale Water and Power, re: Appropriation of Funds from Glendale Water & Power Fund Balance
1. Resolution of Appropriation
5. CITY COUNCIL/STAFF COMMENTS
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
7. ADOPTION OF ORDINANCES
a.
Public Works, re: Ordinance Amending Chapters 8.44 and 8.56 of the Glendale Municipal Code, 1995, Updating Standards for Solid Waste and Recycling Collection (Kassakhian, 01/09/24)
8. ACTION ITEMS
a.
Police Department, re:
Police Department Real Time Intelligence Center (RTIC)
1. Resolution to dispense with competitive bidding and authorize the City Manager, or his designee, to enter into a 5-year agreement with Constant Technologies Inc. for the design, engineering, and installation of consoles, video displays, parts, related software, and maintenance for a Real Time Intelligence Center (RTIC) in the amount of $565,600 plus 10% contingency of $56,560 for a total amount not to exceed $622,160
2. Resolution of appropriation
b.
Public Works, re:
Dispensing with Competitive Bidding and Authorizing a City-wide Furniture Professional Services Agreement Extension
1. Resolution dispensing with competitive bidding and Authorizing Amendments to the existing furniture services professional services agreements with J K Miklin, Inc. DBA Yamada, Archi Txture LLC DBA Catalyst, and Margaret C Pett Inc. DBA Info- Com extending duration of the contracts by two years until December 31, 2025, with no additional funds added
c.
Glendale Water and Power, re: Authorization to enter into a Legal Services Agreements with Norton Rose Fulbright US LLP and Authorization to Enter into a Professional Services Agreement with Public Financial Management Financial Advisors, LLC
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Legal Services Agreement (LSA) with Norton Rose Fulbright US LLP (Norton) to
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include funds for the payment of fees for past services in the amount of $11,913 and fees for three future bond issuances in fiscal years 2024, 2025 and 2026 totaling $425,000 for a total contract amount not to exceed the amount of $436,913
2. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Public Financial Management Financial Advisors, LLC (PFM) to include funds for the payment of fees for past services in the amount of $25,000 and fees for three future bond issuances in fiscal years 2024, 2025 and 2026 totaling $275,000 for a total contract not-to-exceed amount of $300,000
3. Resolution of Appropriation
9. HEARINGS
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.
Council May Question or Respond to The Speaker But There Will be no Debate or Decision.
The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
14. NEW BUSINESS
15. ADJOURNMENT
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1 4A
M I N U T E S
JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE HOUSING AUTHORITY
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
The Joint Meeting of the Glendale City Council and Glendale Housing Authority convened in the City Hal Council Chambers, in said City, at 4:08 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
January 4, 2024
Date
A JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 4:00 PM on Tuesday, January 9, 2024, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Community Services and Parks, re: Acceptance of additional Homeless Initiative- Measure H funds for FY2023-24
a. Council Motion accepting FY 2023-2024 Homeless Initiative-Measure H Funds for Fiscal Year 2023-24 from the Los Angeles Homeless Services Authority (LAHSA) in the amount of $342,640 for three eligible homeless strategies approved by the Los Angeles County Board of Supervisors and authorizing the City Manager or designee to execute all agreements, certifications, and documents necessary to accept and implement the funding
b. Council Resolution of Appropriation to appropriate additional Homeless Initiative- Measure H funds in the amount of $423,516, for three eligible homeless strategies approved by the Los Angeles County Board of Supervisors Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Upon Robert Adjinian at 5:00 p.m. January 4, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. January 4, 2024 Glendale, CA Upon Paula Devine at 5:00 p.m. January 4, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. January 4, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. January 4, 2024 Glendale, CA Upon Laura Parazian at 5:00 p.m. January 4, 2024 Glendale, CA Upon Dan Brotman at 5:00 p.m. January 4, 2024 Glendale, CA Mayor Brotman called the meeting to order at 4:08 p.m.
ROLL CALL
- Absent: Devine, Najarian
- Report of the City Clerk of the City Council and Housing Authority, re:
Posting of Agenda. The Agenda for the Tuesday, January 9, 2024 joint public meeting of the City Council and Housing Authority was posted on January 4, 2024, on the Bulletin Board outside City Hall.
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2 Motion to nominate Housing Authority Adjinian as Vice-Chair Pro-Tem Moved: Kassakhian Seconded: Asatryan
Item approved unanimously.
1. Community Services and Parks, re: Acceptance of additional Homeless Initiative- Measure H funds for FY2023-24
Presenting:
Arsine Isayan, Homeless Programs Manager
a. Council Motion accepting FY 2023-2024 Homeless Initiative-Measure H Funds for Fiscal Year 2023-24 from the Los Angeles Homeless Services Authority (LAHSA) in the amount of $342,640 for three eligible homeless strategies approved by the Los Angeles County Board of Supervisors and authorizing the City Manager or designee to execute all agreements, certifications, and documents necessary to accept and implement the funding
Moved: Kassakhian Seconded: Asatryan
Vote as Follows
a.
b. Council Resolution 24-01 of Appropriation to appropriate additional Homeless Initiative- Measure H funds in the amount of $423,516, for three eligible homeless strategies approved by the Los Angeles County Board of Supervisors Moved: Kassakhian Seconded: Asatryan
Vote as Follows
b.
ADJOURNMENT – 4:45 p.m.
- Council
Moved: Kassakhian Seconded: Asatryan
- Housing Authority
Moved: Kassakhian Seconded: Brotman
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Brotman
None
Devine, Najarian
None
Mayor of the City of GlendaleCity Clerk of the City of Glendale Chair of the Glendale Housing Authority
Clerk of the Glendale Housing Authority
Clerk of the Housing Authority Chair of the Housing Authority Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Brotman
None
Devine, Najarian
None
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1 4A
M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
JANUARY 9, 2024
ROLL CALL – Absent: Devine, Najarian
1. CLOSED SESSION – 4:47 p.m.
a. Public Employee Appointment – Deputy City Attorney
City Attorney Mike Garcia indicated that action is anticipated. Council recessed to Closed Session at 4:47 p.m.
2. REGULAR BUSINESS AGENDA – 6:08 PM
Roll Call – Absent: Devine
Motion to approve Councilmember Najarian’s attendance via teleconference.
Moved: Kassakhian Seconded: Asatryan
Vote as Follows
a.
a. Flag Salute: Mayor Dan Brotman
b. Invocation: Dr. Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the January 9, 2024 Regular Meeting of the Glendale City Council was Posted on January 4, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, January 16, 2024 All regular meetings are cancelled and will resume on January 23, 2024. b. Recognition for Metropolitan Water Districts' "Being Water Wise is......................." 2024 Calendar Art Contest Cover Winner
Sophia Doh
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
Item 4b pulled for separate consideration.
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
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2 a. City Clerk, re: Minutes of the Regular City Council Meeting of December 19, 2023 Moved: Asatryan Seconded: Kassakhian
Vote as Follows
b.
b. Public Works, re: Federal Transit Administration (FTA) Section 5310 Grant Funding for Dial-A-Ride Vehicles and Service
Staff Comment:
Martha D’Andrea, Transit Manager
1. Motion authorizing the City Manager, or a designee, to execute agreements and documents related to the FTA Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities Grant funding awards and for the purchase of six replacement Dial-A-Ride minivans and implementation of the on-demand pilot program for Dial-A-Ride operations
Moved: Asatryan Seconded: Kassakhian
Vote as Follows
c.
2. Resolution 24-02 of Appropriation of FTA Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities Grant funds, City Measure R Local Return, and Transit Utility matching funds for Dial-A-Ride vehicles and services Moved: Asatryan Seconded: Kassakhian
Vote as Follows
d.
c. Libraries, Arts, and Culture, re: Acceptance of grant funds for Public Librarian Diversity Residency Program from the California State Library
1. Motion accepting $100,000 in Library Services and Technology Act (LSTA) grant program funds from the California State Library to enable Glendale Library, Arts & Culture (GLAC) to continue to fund two unclassified Librarian positions under GLAC’s Public Librarian Diversity Residency Program and authorizing the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding Moved: Asatryan Seconded: Kassakhian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
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3 2. Resolution 24-03 appropriating $28,619 in matching funds from the Library Fund and $100,000 from the California State Library Services and Technology Act (LSTA) grant program funds
Moved: Asatryan Seconded: Kassakhian
Vote as Follows
e.
5. CITY COUNCIL/STAFF COMMENTS
Councilmember Asatryan wished everyone a Happy New Year. Asatryan wanted to follow-up on getting a staff report or memo regarding the pedestrian crossing on Glenoaks and Brand.
She stated that the elderly need more time in crossing the street. Asatryan asked staff to provide a timeline to implement the Leading Pedestrian Interval (LPI), which gives pedestrians the opportunity to enter the crosswalk at an intersection seconds before vehicles are given a green light. She asked staff to find a mitigation to the street vendor situation to make sure they are not blocking the right-of-way and that small businesses are not impacted. Asatryan also asked staff to agendize the California Equal Pay Pledge for a discussion.
City Manager Roubik Golanian stated that he will provide information on questions from council through his weekly memo to councilmembers and also put it up on the city website. He said that the LPI has already begun, and staff has adjusted the timing to increase the time from three to five seconds. LPIs are primarily concentrated in the downtown area in 59 locations. Golanian also mentioned that traffic engineers are currently studying the crosswalk on Glenoaks and Brand and a brief report will be provided. He stated that council will receive an update on street vendors.
Councilmember Kassakhian talked about the fatal car accident on Glenoaks Blvd. He asked staff to provide information on what the city is doing in terms of public outreach and education on traffic safety. Kassakhian asked staff to provide a report on regulations for street vendors who utilize the sidewalk for their businesses.
Councilmember Najarian asked staff to provide more information on the cause of the fatal accident on Glenoaks Blvd. to inform an appropriate policy decision.
Mayor Brotman asked to agendize a discussion at the January 30 council meeting the modification of the city’s reach code in line with the Berkeley ruling while retaining the other components of the code on photovoltaics and electric vehicles. Mayor Brotman wished everyone a Happy New Year and a Merry Armenian Christmas.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Raffi Vartanian
7. ADOPTION OF ORDINANCES
a. Glendale Water and Power, re: Ordinance 6018 authorizing the issuance by the City of not to exceed $230,000,000 aggregate principal amount of the City of Glendale Electric Revenue Bonds 2024 Series, and $70,000,000 Aggregate Principal Amount of City of Glendale Electric Revenue Bonds, 2024 Refunding Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
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4 Series, Payable out of the Electric Works Revenue Fund, and approving certain other actions in connection therewith (Devine, 12/19/23) Moved: Kassakhian Seconded: Najarian
Vote as Follows
f.
1. Resolution 24-04 authorizing the invitation of bids for the purchase of Electric Revenue Bonds, 2024 Series and Electric Revenue Bonds, 2024 Refunding Series of the City of Glendale; approving a Notice of Intention to Sell bonds, a Preliminary Official Statement (POS), a Notice Inviting Bids and Official Bid Form; authorizing the publication of a Notice of Intention to Sell Bonds; authorizing the execution and delivery of a final Official Statement, an Eighth Supplement to the Indenture of Trust, a Ninth Supplement to Indenture of Trust, a Continuing Disclosure Agreement, and an Escrow Agreement; and authorizing the award of the Bonds Moved: Kassakhian Seconded: Najarian
Vote as Follows
g.
2. Resolution 24-05 of Appropriation
Moved: Kassakhian Seconded: Najarian
Vote as Follows
h.
Staff Comment:
Roubik Golanian, City Manager
Public Comment:
Mike Mohill
8. ACTION ITEMS
a. Human Resources, re: Memorandum of Understanding (MOU) between the City and International Brotherhood of Electrical Workers (IBEW) LOCAL 18 Staff Comment:
Roubik Golanian, City Manager
Ayes:
Noes:
Absent:
Abstain:
Kassakhian, Najarian, Brotman
Asatryan
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Kassakhian, Najarian, Brotman
Asatryan
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Kassakhian, Najarian, Brotman
Asatryan
Devine
None
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5 1. Resolution 24-06 Approving and Adopting the MOU Commencing August 1, 2023, and terminating after July 31, 2027
Moved: Kassakhian Seconded: Asatryan
Vote as Follows
i.
2. Resolution 24-07 Providing for the Establishment of Classification Titles and Compensation for Employees Covered by the City/IBEW MOU Moved: Kassakhian Seconded: Asatryan
Vote as Follows
j.
b. Public Works, re: Ordinance for Introduction to amend Glendale Municipal Code Chapters Related to Refuse, Yard Trimmings and Recyclable Material Collection and Disposal and Solid Waste Disposal
Staff Comment:
Roubik Golanian, City Manager
Presenting:
Etienne Ozorak, Integrated Waste Superintendent
1. Ordinance for Introduction to amend Chapter 8.44 and 8.56 of the Glendale Municipal Code to address state mandated refuse diversion and organics management requirements
Ordinance introduced by: Kassakhian
2. Resolution 24-08 adding and modifying citations and fines in the Citywide Fee Schedule for enforcement of waste management protocols
Moved: Kassakhian Seconded: Asatryan
Vote as Follows
k.
9. HEARINGS
a. Public Works, re: Introduction of Ordinance for Public and Private Indigenous Tree Protections (to be continued to January 30, 2024)
Hearing opened at 7:20 p.m.
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
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6 Public Comment:
Ramella Eraghi
Motion to move the item to January 30, 2024 meeting.
Moved: Kassakhian Seconded: Asatryan
Vote as Follows
l.
1. Ordinance amending portions of Chapter 12.40 and 12.44 of the Glendale Municipal Code to update standards and enforcement mechanisms for public and indigenous tree protection
2. Ordinance amending portions of Titles 16 and 30 of the Glendale Municipal Code regarding tree-related zoning provisions
3. Resolution establishing and modifying administrative citation fines in the Citywide Fee Schedule for enforcement of the public tree and indigenous tree ordinances
4. Resolution of Appropriation for Outreach Services
10. REPORTS - INFORMATION
a. Project update – Bicycle Transportation Plan
Staff Comments:
Roubik Golanian, City Manager
Bradley Calvert, Director of Community Development
Mike Garcia, City Attorney
Presenting:
Arezoo Kamali, Planning Associate
Sam Frommer, Buro Happold
Public Comments:
Patrick Murphy
Brenna Cancilla
Sebastian
Alex Calleros
Alek Bartosouf
Alex Amerri
Paul Rabinov
Karin Kachler
Ramella Eraghi
Edward Gonzalez
Julia Kobi
Paul Berolzheimer
Ely Lester
Cole Bazemore
Council recessed at 8:20pm and reconvened in five minutes.
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
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7 11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Asatryan’s Request for a Report on a Persons with Disabilities Advisory Committee
Moved: Asatryan Seconded: Kassakhian
Vote as Follows
m.
13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
Tamara Movsesyan
Allan Durham
Ramella Eraghi
Alek Bartrosouf
Greta Sargsyan
14. NEW BUSINESS
a. Motion to appoint Gregory Albanetti as Deputy City Attorney for the City of Glendale Moved: Kassakhian Seconded: Asatryan
Vote as Follows
n.
15. ADJOURNMENT – 9:19 p.m.
Moved: Kassakhian Seconded: Asatryan
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Brotman
None
Devine, Najarian
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Kassakhian, Brotman
None
Devine, Najarian
None
13 of 224
4b
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Award of Construction Contract for the Palmer Avenue and Green Street Rehabilitation Project
1) Motion to award a construction contract to All American Asphalt in the amount of $1,271,752, approving a 10 percent contract contingency in the amount of $127,175, and authorizing the City Manager or a designee to execute the contract. 2) Resolution of appropriation to transfer funds in the amount of $1,398,927 for the Palmer Avenue and Green Street Rehabilitation Project.
COUNCIL ACTION
Item Type: Consent Item
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
The Palmer Avenue and Green Street Rehabilitation Project will repave two streets in Glendale and improve the intersection of Adams Square. On November 1, 2023, three bids were received for the Palmer Avenue and Green Street Rehabilitation Project, and after a thorough review, staff found All American Asphalt’s bid to be a responsive bid from a responsible bidder.
The intent of this item is for the City Council to award a construction contract to All American Asphalt that will cost $1,271,752 with a 10 percent contract contingency of $127,175 totaling $1,398,927.
Additionally, a resolution of appropriation is needed to appropriate Measure S CIP and State Gas Tax Funds to fully fund this project.
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24b
4 7
9 8
RECOMMENDATION
Approve the motion authorizing a construction contract with All American Asphalt for the Palmer Avenue and Green Street Rehabilitation Project in the amount of $1,271,752 plus a 10 percent contract contingency of $127,175 and approve the resolution of appropriation to transfer funds in the amount of $1,398,927 from the Measure S CIP and Gas Tax Funds for the Palmer Avenue and Green Street Rehabilitation Project.
ANALYSIS
As part of the Public Works Department’s ongoing efforts to improve the condition of the city’s roadways, including the intersection at Adams Square, the plans and specification have been prepared for the Palmer Avenue and Green Street Rehabilitation Project.
This project will improve city streets in the Adams Hill neighborhood and improve the intersection visibility, operations, and safety for all modes of transportation at Adams Square.
Project Scope of Work
The project scope of work includes the following:
•Surface grinding and placement of approximately 2.0 centerline miles of ARHM; •Selective removal, repair, and reconstruction of approximately 1,500 linear feet of damaged curbs and gutters, and 5,500 square feet of sidewalks, driveways, cross gutters, alley aprons, and bus pads;
•Modification and reconstruction of approximately 10 existing curb ramps to meet current ADA standards;
•Adjustment of existing manholes and water meters to finished grade; •Removal and replacement of existing traffic striping and pavement markings, and •Realignment and upgrade of Adams Street and Palmer Avenue intersection, including the creation of creative crosswalks and painted curb extensions.
On September 26, 2023, the City Council adopted the project plans and specifications and authorized the city clerk to advertise the project for bids. The project was advertised in the Glendale Independent, the city’s website, as well as various online platforms.
On November 1, 2023, the city received three bids from contractors as follows:
1. All American Asphalt $1,271,752
2. Hardy & Harper, Inc. $1,287,000
3. Toro Enterprises, Inc. $1,453,258
Upon review of the bid documents, staff finds the bid of All American Asphalt of $1,271,752 to be the lowest responsive bid from a responsible bidder. The bid of All American Asphalt in the amount of $1,271,752 is approximately 2% below the Engineer’s Estimate of $1,300,000.
In addition, staff recommends a reserve for contingencies in the amount of $127,175 or 10 percent of the bid amount. The contingency is based on previous experience with 15 of 224
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similar projects and is routine for projects of this scale and complexity. This will also allow staff to account for any incidental work, unforeseen field conditions that could be encountered during construction, underground utilities issues that could arise because of the nature of the project, and any resulting field modifications that may be necessary.
The State of California Contractor’s State License Board website confirms that the license of All American Asphalt is current, active, and in good standing. Additionally, Staff contacted the references provided by All American Asphalt and found they had satisfactorily completed their projects.
The construction of this project is anticipated to begin in March 2024 and is scheduled for completion by June 2024.
STAKEHOLDERS/OUTREACH
The benefits to the community will include the following:
•More livable communities;
•Improved safety for users of the roadway, and
•Improved access to neighborhood businesses and amenities; Outreach on this project continues to occur through a dedicated website for the project.
The website page introduces the public to the project and to the project team, explains the scope of work and project locations, and provides the public with staff contact information for questions, discussion and/or input.
Public feedback also is one of several factors that will determine if the project will eventually be made permanent. The Adams Street and Palmer Avenue pilot program will extend the public comment period beyond implementation. While the design is implemented using “temporary” materials, such as colored paint, soft-hit bollards, or planter boxes, they may end up becoming permanent by replacing them with hardscapes, raised curb elements, and permanent irrigated landscaping. By effectively engaging with the community, the project team can create a positive impact and ensure the long-term success and acceptance of the pilot program and potential transition to permanent improvements. Since the measures are temporary, they are designed to be removed, changed, or modified in response to community feedback.
Additionally, Public Works held multiple meetings with the Adams Hill Community, including the homeowner’s association to discuss the proposed improvements, and both were very supportive of the project.
FISCAL IMPACT
The construction of the Palmer Avenue and Green Street Rehabilitation Project will cost $1,398,927, which was not included as a part of the FY 2023-24 approved budget.
Therefore, staff is requesting for a shift in appropriation from the General Measure S and the State Gas Tax Funds. The shift of funds from the General Measure S Fund for the Pilot Street Art Program to Measure S CIP will fund the creative crosswalks and 16 of 224
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painted curb extensions. The appropriation requests are outlined below:
Requesting Appropriation
Amount From (Account
String) To (Account String) Funding Source
$ 388,000 GL: 43110-1070-PWD-
8509-P8011
GL: 52100-4011-
PWD-0020-P0000
PL: PWD01114AN
Measure S CIP
$ 983,487
GL: 52100-4011-PWD-
0020-P0000
PL: PWD00797AN
GL: 52100-4011-
PWD-0020-P0000
PL: PWD01114AN
Measure S CIP
$ 27,440
GL: 52100-4020-PWD-
0020-P0000
PL: 51500
GL: 52100-4020-
PWD-0020-P0000
PL: PWD01114BN
State Gas Tax
Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environment review because of CEQA Guidelines §§15301.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a construction contract and resolution of appropriation for the Palmer Avenue and Green Street Rehabilitation Project. Doing so, however, will not improve the condition of the city’s streets, and pedestrian and traffic safety will not be improved.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Yazdan T. Emrani, P.E., Director of Public Works
Prepared by:
Marc David, Project Manager
Armen Avazian, P.E., Principal Civil Engineer
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
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Exhibit 1: Project Location Map
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MOTION
Moved by Council Member , seconded.
by Council Member , that the Council of the City of
Glendale hereby:
1. Authorizes the City Manager, or a designee, to execute a construction contract – subject to approval by the City Attorney – with All American Asphalt, for the Palmer Avenue and Green Street Rehabilitation Project, Specification No. 3950, for the amount of $1,271,752.
2. Authorizes a 10 percent reserve for contingency, equal to $127,175.
Votes as follows:
Ayes:
Noes:
Absent:
Abstain:
City Clerk
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MARION DR
OBERLIN DR
MARION DR
COLUMBIA DR
E CYPRESS ST
COTTAGE GROVE LN
REEVES PL
S ADAMS ST
E PALMER AV
TYLER ST
PARK AV
ROMULUS DR
E ACACIA AV
E WINDSOR RD
E MAPLE ST
PORTER ST
E ACACIA AV
E GARFIELD AV
E WINDSOR RD
E HARVARD ST
GLENDALE AVE
SAN
FERNANDO RD
FORREST AV
E EULALIA ST
E CERRITOS AV
MARYLAND AVECYPRESS
ST
LAUREL ST
BRAND BLVD
ORANGE ST
S GLENDALE AV
CYPRESS ST
E COLORADO ST
BOYNTON ST
MARIPOSA ST
E CHEVY CHASE DR
MARIPOSA ST
E PALMER AV
MAGNOLIA AVE
E PALMER AV
E CHEVY CHASE DR
S ADAMS ST
PEPPER WY
S GLENDALE AV
E GARFIELD AV
GRANADA ST
S CEDAR ST
E ACACIA AVE ACACIA AV
E GARFIELD AV
E MAPLE ST
CHESTNUT ST
LOMITA AVE
E RALEIGH ST
E CHESTNUT ST
E ELK AV
W LOMITA AV
ELK AVE
ELK AVE
S LOUISE ST
S BELMONT STE MAPLE ST
S EVERETT ST
LOMITA AVE
S CEDAR STJACKSON ST
E WINDSOR RD
W WINDSOR RD
MAPLE ST
S. BRAND BLVD
W ACACIA AV
ORANGE ST
HILDA DR
PLUMAS ST
FISCHER ST
PORTER ST
CATHEDRAL DR
PALMER DR
OBERLIN DRGREEN ST
WELLESLEY DR
DARTMOUTH DR
CRESCENT DR
PRINCETON DR
YALE DR
SCOFIELD DR
GREEN ST
DR
PROSPECT
DR
VISTA
ALTA
E MAPLE ST
KENT PL
S VERDUGO RD
GRISWORD ST
FISCHER ST
WING ST
S CHEVY CHASE DR
REYNOLDS DR
BRIER
VISTA CT
MARIPOSA ST
BOYNTON ST
OAKRIDGE DR
OAKRIDGE DR
E CYPRESS ST
MIRA LOMA AV
LOS FELIZ RD
W. EULALIA ST
W CERRITOS AV
MADISON WY
HEMINGER ST
MISSION RD
COLBY DR
S MARYLAND AV
LN
E CYPRESS ST
W PALMER AV
E GARFIELD AV
W CHEVY CHASE DR
ELK AVE
COLORADO ST
ORANGE
GROVE AVE
GLENDALE AVE
GRANADA ST
BRAND BLVD
HARVARD ST
EXHIBIT 1
PALMER AVENUE AND GREEN STREET
REHABILITATION PROJECT
NOT TO SCALE
CITY LIMITS
STREET IMPROVEMENTS
LEGEND
PROJECT LOCATION MAP
(NTS)
INTERSECTION REALIGNMENT AND PILOT IMPROVEMENTS
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Award of Construction Contract for the Fiscal Year 2023 Slurry Seal and Crack Seal Program
1) Motion awarding a construction contract to Onyx Paving Company, Inc. in the amount of $3,233,000, approving a 10 percent contract contingency in the amount of $323,300, and authorizing the City Manager or a designee to execute the contract.
2) Resolution of appropriation to shift and appropriate funds in the amount of $3,556,300 for the Fiscal Year 2023 Slurry Seal and Crack Seal Program.
COUNCIL ACTION
Item Type: Consent Item
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
The Fiscal Year 2023 Slurry Seal and Crack Seal Program will complete necessary preventive maintenance on various streets based on the recommendation of the latest Pavement Management Program. On November 1, 2023, two bids were received for the Fiscal Year 2023 Slurry Seal and Crack Seal Program, and after a thorough review, staff found Onyx Paving Company, Inc.’s bid to be a responsive bid from a responsible bidder.
The intent of this item is for the City Council to award a construction contract to Onyx Paving Company, Inc. for $3,233,000 with a 10 percent contract contingency of $323,300.
Additionally, a resolution of appropriation is needed to transfer funds from existing projects in the Gas Tax Fund and appropriate new funds from the Water Depreciation Fund to fully fund this project.
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RECOMMENDATION
Approve the motion authorizing a construction contract with Onyx Paving Company, Inc. for the Fiscal Year 2023 Slurry Seal and Crack Seal Program in the amount of $3,233,000 plus a 10 percent contract contingency of $323,300 and approve the resolution of appropriation to shift funds within the Gas Tax Fund and appropriate new funds from the Water Depreciation Fund in the amount of $3,556,300 to the Fiscal Year 2023 Slurry Seal and Crack Seal Program.
ANALYSIS
As part of the Public Works Department’s ongoing efforts to improve the condition of the city’s roadways, the plans and specification have been prepared for the Fiscal Year 2023 Slurry Seal and Crack Seal Program. This project will improve city streets in southern and northern Glendale neighborhoods.
The scope of work includes removal and replacement of deteriorated asphalt concrete pavement, and application of crack seal and slurry seal material. This will extend the service life of roadways and improve mobility and pedestrian conditions. The detailed project scope of work is outlined below.
Project Scope of Work
The project scope of work includes the following:
•Application of approximately 11.1 centerline miles of crack sealing material; •Application of approximately 6.8 centerline miles of crack sealing material and emulsion aggregate slurry (Slurry Seal) Type II with a significant focus in the Adams Hill neighborhood in South Glendale;
•Selective removal, repair, and reconstruction of approximately 2,100 linear feet of damaged curbs and gutters, and 19,500 square feet of sidewalks, driveways, cross gutters, alley aprons, and street pavement;
•Modification of approximately 56 existing curb ramps to meet current ADA standards;
•Adjustment of existing manholes and water meters to finished grade; •Removal and replacement of existing traffic striping and pavement markings; and •Planting of 94 new street trees.
Tree Plantings
A total of 94 new street trees will be planted in vacant locations to infill the street canopy and expand the urban forest as part of this project on the following streets:
•10 trees on Crescent Drive between Adams Street and Cornell Drive; •6 trees on Magnolia Avenue between Central Avenue and Brand Boulevard; •7 trees on Palmer Avenue between Marion Drive and Oberlin Drive; •4 trees on Park Avenue between Adams Street and Marion Drive; •17 trees on Romulus Drive between Tyler Street and Easterly Terminus; •9 trees on Scofield Drive between Adams Street and Yale Drive; 24 of 224
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•7 trees on Tyler Street between Acacia Avenue and Green Street, and •34 trees on Windsor Road between Chevy Chase Drive and easterly terminus.
On October 10, 2023, the City Council adopted the project plans and specifications and authorized the city clerk to advertise the project for bids. The project was advertised in the Glendale Independent, the city’s website, as well as various online platforms.
On November 1, 2023, the city received two bids from contractors as follows:
1. Onyx Paving Company, Inc. $3,233,000.00
2. All American Asphalt $3,816,665.10
Upon review of the bid documents, staff finds the bid of Onyx Paving Company, Inc. of $3,233,000 to be the lowest responsive bid from a responsible bidder. The bid of Onyx Paving Company, Inc. in the amount of $3,233,000 is approximately 7.5% below the Engineer’s Estimate of $3,500,000.
In addition, staff recommends a reserve for contingencies in the amount of $323,300 or 10 percent of the bid amount. The contingency is based on previous experience with similar projects, and is routine for projects of this scale and complexity. This will also allow staff to account for any incidental work, unforeseen field conditions that could be encountered during construction, underground utilities issues that could arise because of the nature of the project, and any resulting field modifications that may be necessary.
The State of California Contractor’s State License Board website confirms that the license of Onyx Paving Company, Inc. is current, active, and in good standing. Additionally, Staff contacted the references provided by Onyx Paving Company, Inc. and found they had satisfactorily completed their projects.
The construction of this project is anticipated to begin in April 2024 and is scheduled for completion by August 2024.
STAKEHOLDERS/OUTREACH
The project provides the following benefits to the community:
•Improved safety for all users;
•Improved accessibility and walkability throughout the project neighborhoods; •Increased walkability to improve public health;
•Reduced fuel consumption and vehicle emissions.
Approximately 12,250 notifications were sent to residents and business owners along the project limits notifying them of the community meeting that took place on March 14, 2023.
The in-person community meeting was held at the City Hall Council Chambers and was also broadcasted on the city’s YouTube channel. During the meeting, the public was informed of the project details, construction schedule, future city and contractor notifications, and the impacts of the construction work in their neighborhood. Participants 25 of 224
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also had the opportunity to phone in and provide their comments and/or ask questions regarding the project.
Furthermore, outreach on this project continues to occur through a dedicated website for the project. The website page introduces the public to the project and to the project team, explains the scope of work and project locations, and provides the public with staff contact information for questions, discussion and/or input.
FISCAL IMPACT
The construction of the Fiscal Year 2023 Slurry Seal and Crack Seal Program will cost $3,556,300, which was not included as a part of the FY 2023-24 approved budget.
Therefore, staff is requesting for a shift in appropriation of $3,459,754 within the Gas Tax fund and a new appropriation of $96,546 from the Water Surplus Fund. The appropriation requests are outlined below:
Requesting Appropriation
Amount From (Account
String) To (Account String) Funding Source
$ 1,000,000
GL: 52100-4020-PWD-
0020-P0000
PL: PWD00576AN
GL: 52100-4020-
PWD-0020-P0000
PL: PWD01123AN
State Gas Tax
Fund
$ 1,000,000
GL: 52100-4020-PWD-
0020-P0000
PL: PWD01052AN
GL: 52100-4020-
PWD-0020-P0000
PL: PWD01123AN
State Gas Tax
Fund
$ 819,754
GL: 52100-4020-PWD-
0020-P0000
PL: PWD00380AN
GL: 52100-4020-
PWD-0020-P0000
PL: PWD01123AN
State Gas Tax
Fund
$ 640,000
GL: 52100-4020-PWD-
0020-P0000
PL: PWD00678BN
GL: 52100-4020-
PWD-0020-P0000
PL: PWD01123AN
State Gas Tax
Fund
$ 96,546 GL: 27900-5910-GWP-
0000-P0000
GL:52100-5930-
GWP-0020-P0000
PL:PWD01123BN
Water Surplus
Fund -Net
Position
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environment review because of CEQA Guidelines §§15301.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a construction contract and resolution of appropriation for the Fiscal Year 2023 Slurry Seal and Crack Seal Program. Doing so, however, will not improve the condition of the 26 of 224
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city’s streets, and pedestrian and traffic safety will not be improved.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Yazdan T. Emrani, P.E., Director of Public Works
Prepared by:
Rustom Tavitian, P.E., Civil Engineer II
Armen Avazian, P.E., Principal Civil Engineer
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Project Location Map for the Fiscal Year 2023 Slurry Seal and Crack Seal Program
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MOTION
Moved by Council Member , seconded
by Council Member , that the Council of the City of
Glendale hereby:
1. Authorizes the City Manager, or their designee, to execute a construction contract – subject to approval by the City Attorney – with Onyx Paving Company, Inc., for the Fiscal Year 2023 Slurry Seal and Crack Seal Program, Specification No. 3929R, for the amount of $3,233,000
2. Authorizes a 10 percent reserve for contingency, equal to $323,300.
Votes as follows:
Ayes:
Noes:
Absent:
Abstain:
City Clerk
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CITY OF GLENDALECITY OF LOS ANGELES
OBERLIN DR
VANDERBILT PL
MARION DR
VINCENT WY
COLUMBIA DRMARION DR
COTTAGE GROVE LN
REEVES PLS ADAMS ST
E PALMER AV
TYLER ST
PARK AV
ROMULUS DR
E ORANGE GROVE AV
E GARFIELD AVE WINDSOR RDE MAPLE ST
PORTER ST
E ACACIA AVE GARFIELD AVE WINDSOR RD
ZERR CT
SINCLAIR AVBARRINGTON WYE BROADWAY
E WILSON AV
S GLENDALE AVSAN FERNANDO RD
DOLORES STCARMEL ST
FORREST AV
E EULALIA ST
E CERRITOS AV
S BRAND BLVD
GARDENA AVS CENTRAL AV
S MARYLAND AVE CYPRESS ST
E LAUREL STS. BRAND BLVDS ORANGE STE CYPRESS ST
HAGUE CTS. CENTRAL AV
E COLORADO ST
BOYNTON STMARIPOSA ST
E CHEVY CHASE DRMARIPOSA ST
E PALMER AV
MAGNOLIA AVE PALMER AV
S ADAMS ST N ADAMS STS ADAMS ST
PEPPER WY
S GLENDALE AVE GARFIELD AVGRANADA ST
S CEDAR ST
E ACACIA AVE ACACIA AV
E MAPLE STE CHESTNUT STE LOMITA AV
E RALEIGH ST
E CHESTNUT ST
E ELK AVW LOMITA AVE ELK AVW ELK AVE ELK AV
S LOUISE ST
E COLORADO ST
S BELMONT STE MAPLE STE CHESTNUT ST
S EVERETT ST
E LOMITA AV
FRANKLIN CTS EVERETT STN EVERETT STS CEDAR STS BELMONT STN BELMONT STS CEDAR STN CEDAR ST
S GLENDALE AV
N EVERETT ST
S ISABEL STS JACKSON STS KENWOOD STN KENWOOD ST
E HARVARD STN LOUISE STS LOUISE ST
E WILSON AV
E BROADWAY
W WINDSOR RDW MAPLE ST
W CHESTNUT STW LOMITA AV
S BRAND BLVD
S CENTRAL AV
W GARFIELD AVW ACACIA AVW ACACIA AV
W HARVARD STS CENTRAL AV
W WILSON AVSALEM ST
N BRAND BLVDN ORANGE ST
CHEROKEE LNOSCEOLA STHIGH LINE RDVERD OAKS DR
HILDA DRPLUMAS ST
PORTER ST
CATHEDRAL DR
PALMER DR
OBERLIN DRGREEN ST
LOMA CREST
MARION DRMARION DRDRCORONA DR
SCENICSTANFORDWELLESLEY DR
DARTMOUTH DRCAMBRIDGECORNELL DR
CRESCENT DR
BERKELEY DRPRINCETON DRYALE DRSCOFIELD DRGREEN STPROSPECT
ALTA VISTA
WILSON TERR
E HARVARD STCAMPUS STSINCLAIR AVLUKENS PL
WILSON AV
N VERDUGO RD
DIXON STROCKGLEN AVE MAPLE STKENT PL
SINCLAIR AVE
ZINNIA LN
S VERDUGO RD
GRISWORD ST
N CHEVY CHASE DRSTANLEY AV
CARLTON DROLIVE ST
FISCHER ST
WING STS CHEVY CHASE DRORANGE GROVE AV
REYNOLDS DRBRIER LNVISTA CT
MARIPOSA STBOYNTON ST
OAKRIDGE DR
E CYPRESS ST
W CERRITOS AVMIRA LOMA AV
E LOS FELIZ RDW. LAUREL ST
W. EULALIA ST
W CERRITOS AV
W CYPRESS STMAGNOLIA AV
EL BONITO AV
GARDENA AV
S ORANGE STMADISON WY
HEMINGER STROADS END
MISSION RD
COLBY DR
W GARFIELD AV
FLORENCE PLVIRGINIA PL
S MARYLAND AV
RIVERDALE DRW LOMITA AV
LANGLEY ST
S MARYLAND AVN MARYLAND AV
ST
CITY OF LOS ANGELES
W PALMER AV
E GARFIELD AV
W CHEVY CHASE DR
ALLEY 229
vista superba dr
ORANGE GROVE AVE HARVARD ST
MAYNARD DR
ALLEY 79
213
W WINDSOR RD
SAN FERNANDO RDW GARFIELD AV
SAN FERNANDO RD
W GARFIELD AV
W WINDSOR RD
W MAPLE ST
ALLEY 17CITY OF GLENDALECITY OF LOS ANGELES
NOT TO SCALE
CITY LIMITSSLURRY SEAL
LEGENDCRACK SEAL
EXHIBIT 1: PROJECT LOCATION MAPFISCAL YEAR 2023 SLURRY SEAL ANDCRACK SEAL PROGRAM
DISTRICT LIMITS#DISTRICT NO.
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DUNSMORE AV
BOSTON AV
ZOE ANNE WY
EL MORENO STEL CAMINITO PL
FRANKLIN STFAIRESTA ST
LOWELL AV
ABELLA STALTURA AV
GROMER TERGROMER TERHENRITETTA AVMEVEL PL
BROOKHILL STHENRITETTA AV
CHERYL AV
EL CAMINITO STPONTIAC ST
FAIRESTA ST
ALTURA AVLAUDERDALE AV
NEW YORK AV
MARYANN STKENTUCKYWASHINGTON PL
QUAIL CANYON RDMARKRIDGE RDRIMHILL RD
FRANCES AVCHERYL AVMARYLAND AV
PONTIAC STFAIRESTA ST
SANTA CARLOTTA ST
EL CAMINITO STCAROLYN WYBROOKHILL
TREND TERBURRITT WYPARAISO WY
PARAISO WY
EL CAMINITO STLOS ANGELES STEL MORENO ST
LOS OLIVOS LN
FRANKLIN ST
MOORE STFOOTHILL BLVD
DANNY ST
VISTA CT
LAUDERDALE AV
VIRGINIA ST
FIRST AVSECOND AVTHIRD AVFOURTH AVFIFTH AV
SECOND AV
BOSTON AV
BETH PL
LIRIO LN
WILEY LN
MAYFIELD AV
ANDERSON AVLEHMAN LNHONOLULU AV
LOWELL AV
OAKGROVE CTHONOLULU AVMONTROSE AV
BOSTON AVANDERSON AV
POYNETTE STDUNSMORE AV
CEDARBEND DR
FORESTGLEN DRBEECHGLEN DR
TANBARK FERNTREE EL LADO DR
LAUDERDALE AV
WILLALLE AV
FREDERICK ST
ENCINAL AV
MONTROSE AV
ALTURA AV
PROSPECT AV
COMMUNITY AVMARYANN STPROSPECT AVE
FAIRCHILD STFOOTHILL BLVD
FAIRMONT AVMELANIE FREDERICK ST
FAIRESTA STLOS OLIVOS LNALABAMA STSTEVENS ST
WILLALEE AVREBECCA
DANNY DR
RETA STSANTA CARLOTTA STEL CAMINITO PONTIAC ST
CLOUDSDALE AV
PARAISO WYBURRITT WYBROOKHILL STHENRITETTA AV
FREDERICK AV
GLENCOVE AV
COMMUNITY AV
ABELLA ST
MEVEL PL
FINEHILL AV
PLPL
TER
AV
LN
ST
PL
12CITY OF GLENDALECITY OF LOS ANGELES
FOOTHILL FWY (I-210)
CITY OF GLENDALECITY OF LA CRESCENTAPENNSYLVANIA AV
NOT TO SCALE
EXHIBIT 1: PROJECT LOCATION MAPFISCAL YEAR 2023 SLURRY SEAL ANDCRACK SEAL PROGRAM
CITY LIMITSLEGENDCRACK SEALDISTRICT LIMITS#DISTRICT NO. 32 of 224
GLENDALE FWY (CA-2)
PARKVISTA PLMANHATTAN AV
MANHATTAN AVLOCKERBIE LNHILLWAY DR MANOR LN
PIEDMONT AV
PIEDMONT AVPIEDMONT AV
OAK CIRCLE DR
DR
STEPHENS CIRDEER CREEK LNPETERS CIRGLENCREST TERGLENCREST DR
BEAUDRY SAN GABRIEL AVSHADY GLEN
LEE CIRDAILY CIR
BARNES CIRDORA VERDUGO DR
GREENMONT DRSTARVIEW DR
VALANE DR
BEAUDRY BLVD
CANADA BLVDCLUBSAN GABRIEL AV
HERMOSITA DR
VERDUGO RD
EL VISTA CTEL TOVAR DRMENLO DR
EL ARBOLITA
N VERDUGO RD
MENLO DR RD
STANCREST FRONTAGE RD
ROSECREST DRSTANCREST DR
EMANUEL DR
CAMANN ST
EILINITA AVDOLORITA AV
SHIRLYJEAN ST
MALAFIA DR
OAKMONT VIEW DRMILDINE DRCOUNRTY CLUB DRURQUIDEZ AVVALVERDE CTVALVERDE PLROSELAWN AVE
EAGLE POINT DR
STONECREST DR
ANGELUS AV
VERDUGO BLVDN VERDUGO RD
HONOLULU AVWICKHAM WYMONTROSE LN
VALDERAS DRBROADVIEW DR
BROADVIEW DR
SPARR BLVD
SUNVIEW DR
VALIHI WYPARK PLCLIFFTON PLTHOMPSON CT
MARKET ST
OCEANVIEW BLVDSIERRA VISTA AVLAS PALMAS AVROSEMARY AVBUENA VISTA AVDOWNING AVEL CINO PLARLINGTON AVPALOMA AVTRIANGLE PL
DOWNING AVLA CRESCENTA AV
SIERRA GLEN RDHIDDEN RANCHO PLGLENCOE WYOAK VALLEY RD
VICKERS DRVICKERS DRCASTERA AVSPARR BLVD
MENLO DRDRMARDELHARMON PL
BAGDAD PLEL ARBOLITA DR
EL ARBOLITA
LOCKWOOD RD
AMARILLO DR
RAFAEL TERBAY BERRY DRSPARR BLVD
VERDUGO RD
HONOLULU PL
AVELIBERTYPINEWOOD LN
PENNSYLVANIA AVEL LADO DR
CLOUD AVWHITING WOODS RDMESA LILA RDDEER PASS RDMESA LILA RDPICKENS STRAYMOND AVE
MONTROSE AVGLENWOOD AV
RAMSDELL AV
OAKENDALE PL
GLENWOOD AV
INVALE DR
LA CRESCENTA AV
MANHATTAN AVPIEDMONT AVHERMOSA AV
HONOLULU AV
OAKSIDE LN
PLEASURE WYAGNER AV
SYCAMORE AV
OAK CIRCLE DR
SUNSET AVORANGEDALE AV
MONTROSE AVHONOLULU AVMILLS AVPARKVISTA DRNEW YORK AVVERDUGO WOODS HWY
VERDUGO WOODS HWY WESTCELITA WOODS HWY
VERDUGO WOODS HWY EAST
OAKGLEN
N
DRDR
WHITING
OAKMONT VIEW
BLVD
VERDUGO RD
STANCREST DR
VISTA
COUNTRYSAN GABRIEL
EL LADO DR
SYCAMORE AV
GLENWOOD AV
6 12
FOOTHILL FWY (I-210)NOT TO SCALE
EXHIBIT 1: PROJECT LOCATION MAPFISCAL YEAR 2023 SLURRY SEAL ANDCRACK SEAL PROGRAM
CITY LIMITSLEGENDCRACK SEALDISTRICT LIMITS#DISTRICT NO. 33 of 224
OPECHEE WYCAPISTRANO AV
HERMOSITA DR
CAMULOS AV
EL RITO AV
RISA DR
BROOKCORO TER
CATHAY STHILLSIDE DRVERDUGO KNOLL PL
LOMA VISTA DRLOMA VISTA DRTAMBOR DRSHERER LNVIRDEN DR
HILLFAIR DRCRESTSHIRE DR
CM SAN RAFAEL
CL CANTA
CL CANTA
CL LA COSTACL SIRENACL FORTUNACL SUENOSCL LA PRIMAVERACL DEL SOLCMTO DE LA NARCISACMTO DE LA PLAYACMTO DEL CIELOMONTANACMTO DE LA VALLECMTO DE LA ESTRELLACMTO DE LA LUNACMTO DEL PILAR
CL SIMPATICOCL BELLACL SONRISA
CM SAN RAFAEL
CL CONTENTO
CL DEL PACIFICOCL AZULCL ALLEGRE
CL AMABLE
KNOLL PL
FLINTRIDGE DR
EMERALD ISLE DR
ARUNDLE PL
KENNINGTON DR
CASCADIA DRGLENFLOW CT
VALLE VISTA DRHOLLISTER TER
MOUNT CARMEL DRE GLENOAKS BLVD
SUNSHINE DR
SUNSHINE DR
BALMORAL DRTRAFALGER DR
KIRKTON PLPEBBLESHIRE RD
CATALINA DRESMERALDA DR
PUEBLA DR
GLENMORE BLVDCORWIN AVACADEMY PLKIMLIN DR
LILAC LNELEANORE DR
LILAC LN
EDEN AVEDEN AVHARVEY DRHILL DR
OAK VISTA DR
SOLWAY ST
PENNERTON DRGARDNER PL
E GLENOAKS BLVD
PERSKIN CIRHAVERKAMP DRFERGUS DR
GARDNER LNSTORY PL
ARCADE PLDELCOURT PLSUNCOURT TER
BRADEN DRGARDNER PLARCH PLHOLLISTER TERHOLLISTER TER
SCHOLL DRELVINA DRWALTONIA DR
TRYON PL
CORLINGTON RDWYNDALE PL
ASHBURTON PL
DEVONSHIRE LNCOUTIN LNGLENOAKS CANYON DRORCHARD AV
HOLLY DRCALIFORNIA AV
CARLA DR
MILDRED DRFAY DRGLENMORE BLVD
MOUNTAIN ST
FOXKIRK RDPARCHER PL
SOLWAY ST
EASTEDGE DR
CHEVY
ARUNDLE PLANNITA DR
SHERIDAN RDBELLEAU RD
BELLEAU RD
THURLENE RDBOUQUETE ST
CORNWALL DR
HOLLYWELL PLST GREGORY RDEDGEWICK RD
PADDINGTON RDGOLF CLUB DR
CHEVY KNOLL DR
GOLF CLUB DRPARWAY DR
GRACELAND WY
CHEVY OAKS CRRIDGE DR
CHEVY OAKS
HAWKDEN CTPENHILL CTNORSSALL CTBARMORE CTFAIRCLIFF CTMAYGREEN CTALLER CT
GLENFLOW CTCAPROCK CT
EDMONTON RD
LAIRD DR
CHANCERY LNOLYMPIC DR
KENNINGTON DR
GREENWICH RD
CHEVY CHASE DR
GRACELAND WY
STUART WK
SOMERSET RD
MARTINLARKSTONE LN
OUTLOOK LN
ST ANDREWS DRRAMSAY DRBARNETT DR
CASCADIA DRLEITH RDDRURY LN
CHEVY CHASE DR
CHEVY CHASE DR
WELSH WYERIN CT
DUBLIN DRERIN WY
LENORE DR
CRAIL WYCM SAN RAFAEL
FLINTRIDGE DR
ASHINGTON DR
RDGRANGEMOUNT RD
CHADNEY DRKINGRIDGE WY
KIRKHAM DR
HAMPSTEAD RDDELISLE CT
EASTGATE PLCARRIE LNPOSITAS RD
WESTON PL
DEL VALLE AVBLANCHARD DRVERDUGO
ARMOUR PLLA VISTA OPECHEE WY
HERMOSITA DRRISA PLRISA DRFERN LN
CONCITA ST
RISA DRCALAFIA ST
BARA RD
BONITA DRJUNE LNOPECHEE WY
SYLVAN LN
EL RITO AVCAPISTRANO AVESELVAS PLANDENES DR
DESCANSO
FREEMONT PL
OPECHEE WYSAN LUIS REY DR
SUNSHINE CTCOLINA DRBONITA DRCOLINA DR
CAMULOS AV
BONITA DRROSITA DRHAVEN STHILLSIDE DR
WABASSO WYSIERRA PLHILLSIDE DR
POLARIS DRHILLSIDE DR
HILLSIDE DRBRANTA DR
FERNBROOK PLHIAWATHA DR
COLINA DRESSEX LN
SANDRINGHAM DR
NIODRARA DROAKMONT TERSAMARKAND PLTAMERLANE DRVERDUGO KNOLL DROAK KNOLLCRESTMONT CTSHERER LNARVIN DRKIRKBY RDVERDUGO VISTA DRVERDUGO LOMA DRTHE MIDWAY
ALCALDE WYALCALDE DR
PL
TER
CT CANADA BLVD
SINCLAIR AV
WOODBURY RD
WOODBURY RD
GALLER PLN VERDUGO RD
LAS FLORES DR
IMPERIAL DR
N VERDUGO RD
VERDUGO CIRCLE DR
SINCLAIR AV
N CHEVY CHASE DR
McHENRY RD
NARANJAI DRNARANJAI DR
E DORAN ST
GROVE PLWOODBURY RD
HERBERT AV
CORWIN AVATKINS DR
TRENTON AV
RICHARD AVLEERIDGE TERLYNGLEN DR
AVONGLEN TER
MERRILL AV
E GLENOAKS BLVD
LORINDA DR
MILLAR DRLUTON DRCANYON DR
LA LOMA RD
RICHARD PL
SYLVANOAK DRGLENVISTA DRBRIARWOOD LNAVONOAK TER
PRINCIPIA DRFURMAN PL
GLADYS DRAVONOAK TER
SWARTHMORE DR
SWEETBRIAR DR
INA DRLURING DRGLAN AVATKINS DRGLENANDALE TER
CANADA BLVDN VERDUGO RDDELMONTE DRMOUNTAIN ST
ALAMO DR
LAS FLORES DR
PRINCES DRAROBLES DRMORENO DROROSCO DRPUEBLA DR
IMPERIAL DRMAJESTIC WY
ROYAL BLVDTOLEDO DRTORRES DRGREENBRIAR RD
LA ZANJA DRLORETO DR
ROSEMOUNT RD
MONCADO DR
DON JOSE DR
HILLCROFT RDHILLCROFT RD
MOUNTAIN ST
VISCANO DR
VERDUGO CIRCLE DRN ADAMS ST
E GLENOAKS BLVD
KIRKBY RD
TOWNE ST
LN
RD
456
E GLENOAKS BLVD
GLENDALE FWY (CA-2)
VENTURA FWY (CA-134)
EDWARDS PL
SLEEPY HOLLOW TER
BAILEY PLBYWOOD DRHARLOW DR
SLEEPY HOLLOW DR
VALLE VISTA DRSLEEPY HOLLOW PL
WYNDALE PL
DREDWARDS PLVALLE VISTA DR
E GLENOAKS BLVD
E GLENOAKS BLVD
CITY OF GLENDALECITY OF LOS ANGELES
NOT TO SCALE
EXHIBIT 1: PROJECT LOCATION MAPFISCAL YEAR 2023 SLURRY SEAL ANDCRACK SEAL PROGRAM
CITY LIMITSLEGENDCRACK SEALDISTRICT LIMITS#DISTRICT NO. 34 of 224
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Summary Vacation of the First Alley Southwesterly of Riverside Drive, Northwesterly of Allen Avenue (Alley 307) for a Equestrian and Canine Kennel Project; Vacation Case No. 189V
1. Resolution Ordering the Vacation
2.Resolution Adopting Plan No. 12-244
COUNCIL ACTION
EXECUTIVE SUMMARY
The property owner of 1900 Riverside Drive is developing an Equestrian and Canine Kennel Project and has requested the vacation of Alley 307.
Public Works Department (PWD) staff have investigated and determined that the said alley is not utilized by the City of Glendale for alley purposes and is used as part of the private equestrian stable operations at 1900 Riverside Drive and recommends that the alley in question be summarily vacated.
RECOMMENDATION
Approve the resolutions involving Vacation Case 189V, the summary vacation of Alley 307, and authorize the City Manager or a designee to execute any other documentation as may be required to accomplish said summary vacation.
1. Approve a resolution ordering the vacation of said public alley; and
2. Adopt Plan No. 12-244 (Exhibit 1) showing the location of said public alley.
ANALYSIS
On May 1, 1939, an easement for public road, highway, and alley purposes, Alley 307, was granted to the City of Glendale by easements over the southerly 20 feet of Lot 18 of Tract No. 9792 as recorded in Book 138, Pages 59 and 60 of Maps. This Item Type: Consent Item
Approved forJanuary 23, 2024 calendar
35 of 224
easement was recorded on July 28, 1939, in Book 16759, Page 309 of Official Records, County of Los Angeles, State of California.
State of California Streets and Highways Code Section 8331 allows the legislative body of a local agency to summarily vacate a street or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.
The summary vacation process differs from the traditional vacation process in that a public hearing is not required. If both above circumstances are met, the City Council can approve a resolution to summarily vacate a public street or alley easement.
The adjacent property belongs to PRI Properties, LLC, a California Limited Liability Company, and Harmony Road, LLC, a California Limited Liability Company (Owners). In May 2023 the Owners’ architect approached PWD to vacate the alley to allow the development of a 16 stable Equestrian and Canine Kennel Project.
After investigation, PWD has determined that for more than five consecutive years the alley has been impassable for vehicular travel and that no public money was expended for maintenance during that period.
Therefore, the vacation qualifies for the summary vacation process, under Streets and Highways Code Section 8331. The city’s easement for public road, highway and alley purposes proposed to be vacated is depicted in Exhibits 1, A, and B, attached hereto.
STAKEHOLDERS/OUTREACH
Staff has worked with the property owner to facilitate the vacation of the public road, highway, and alley easement.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
CEQA does not apply to projects where the lead agency determines "with certainty that there is no possibility that the activity in question may have a significant effect on the environment." CEQA Guidelines (14 Cal. Code Regs.) § 15061(b)(3). Here, the action involves a summary vacation of an alley that has not been used or maintained by the City for public purposes for more than five (5) years. The use of the vacated area as part of an existing facility will continue. There is no possibility that approval of the summary alley vacation will have a significant effect on the environment. 36 of 224
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may elect not to approve the resolutions as recommended herein. This would prevent the development of the Equestrian and Canine Kennel Project as currently
designed.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Yazdan T. Emrani, P.E., Director of Public Works
Prepared by:
Ruel Villaluna, Senior Civil Engineer
William F. A’Hearn, Senior GIS Project Manager
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Plan No. 12-244
Exhibit A: Legal Description
Exhibit B: Legal Description Drawing
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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF THE FIRST ALLEY
SOUTHWESTERLY OF RIVERSIDE DRIVE, NORTHWESTERLY OF ALLEN AVENUE (ALLEY 307), IN GLENDALE, VACATION CASE 189V.
WHEREAS, the City of Glendale (City) holds an easement for public road, highway and alley purposes at 1900 Riverside Drive in the City of Glendale, California, currently owned by PRI Properties, LLC, a California Limited Liability Company and Harmony Road, LLC, a California Limited Liability Company (“Owners”); and WHEREAS, the Owners have applied for the vacation of the City’s Easement for Public Road, Highway and Alley Purposes, which is not necessary for present or prospective public road, highway and alley purposes; and WHEREAS, pursuant to California Streets and Highways Code Section 8331, the City Council may summarily vacate a street or highway if the easement has been impassable for vehicular travel for of period of five consecutive years and no public money was expended for maintenance during such period; and
WHEREAS, the City has determined that the existing easement for public road, highway and alley purposes was granted to the City of Glendale by Easements on May 1, 1939 and recorded on July 28, 1939, in Book 16759, Page 309 of Official Records, County of Los Angeles, State of California which is no longer necessary to the City as an easement for public road, highway and alley purposes, has been determined by the City to be in excess and there are no other public facilities located within the easement which would be affected by the vacation; and
WHEREAS, the summary vacation of the herein subject easement for public road, highway and alley purposes is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the action involves the vacation of an easement for public road, highway and alley purposes where the easement has been determined by the City to be in excess and will not cause or facilitate any physical changes that may result in environmental impacts.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1:The Council having heard the evidence in relation to the proposed summary vacation of the First Alley Southwesterly of Riverside Drive, Northwesterly of Allen Avenue (Alley 307), Glendale Summary Alley Vacation Case No. 189V, finds from all the evidence submitted that the public alley referred to above is unnecessary for present or prospective alley purposes, and said Council orders the vacation of said public Right-of-Way, in the City of Glendale, County of Los Angeles, State of California, more particularly described in Exhibit “1” which Exhibit is attached hereto and by this reference incorporated herein.
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SECTION 2:The project qualifies as a Class 1 exemption, minor alterations to existing public or private facilities, as provided by the California Environmental Quality Act (CEQA) Guidelines, and is therefore exempt from any environmental review.
SECTION 3: Reference is made to Plan No. 12-244 adopted concurrently herewith by said Council and to be placed on file in the office of the City Clerk for further particulars of the proposed alley vacation.
SECTION 4: The City Clerk is directed to cause a certified copy of this Resolution to be recorded in the office of the County Recorder of Los Angeles County, California.
Adopted this 23rd day of January, 2024
__________________________
Mayor
ATTEST:
__________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF GLENDALE )
I, Suzie Abajian Ph.D., City Clerk of the City of Glendale, certify that the foregoing Resolution No. __________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the 23rd day of January, 2024, and that same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
City Clerk
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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE ADOPTING PUBLIC WORKS DEPARTMENT PLAN NO. 12-244 FOR VACATION CASE NO. 189V;
THE PROPOSED SUMMARY VACATION OF THE FIRST ALLEY SOUTHWESTERLY OF RIVERSIDE DRIVE, NORTHWESTERLY OF ALLEN AVENUE (ALLEY 307), IN GLENDALE, AND DIRECTING THE CITY CLERK TO FILE SAID PLAN.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1: The attached Plan for the proposed summary vacation of the public road, highway and alley purposes easement at 1900 Riverside Drive, Vacation Case No. 189V, in the City of Glendale, is hereby approved, adopted, and designated, and shall hereafter be known as Plan No. 12-244.
SECTION 2: The City Clerk is hereby directed to file said Plan in the office of the City Clerk as adopted by this Resolution.
Adopted this 23rd day of January, 2024.
___________________________________
Mayor
ATTEST:
______________________________
The City Clerk of the City of Glendale,
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
I, Suzie Abajian Ph.D., City Clerk of the City of Glendale, certify that the foregoing Resolution No. ___________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the 23rd day of January, 2024, and that same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
City Clerk
40 of 224
159.49
110.35
185.29
27.08 60
110
111.95
21.27 29.26
132.87
69.57 175.62
72.75 75.59
23.56 96.65
84.99 52.24
19.53 175.65
313.41
268.29
21.86 110
52.11 158.37
60 15
RANCHO
60 TRACT NO. 9792
NO. 5971
POR.OF LOT
18 20
20 M. R.PORTION
16 RES.
20 1
17 20
60 M. B. 138 ~ 59 ~ 60
100
1 PROVIDENCIA
VAC
IN THE CITY OF GLENDALE, CALIFORNIA
159.49
110.35
185.29
27.08 60
110
111.95
21.27 29.26
132.87
69.57 175.62
72.75 75.59
23.56 96.65
84.99 52.24
19.53 175.65
313.41
268.29
21.86 110
52.11 158.37
60 15
RANCHO
60 TRACT NO. 9792
NO. 5971
POR.OF LOT
18 20
20 M. R.PORTION
16 RES.
20 1
17 20
60 M. B. 138 ~ 59 ~ 60
100
1 PROVIDENCIA
VAC
Scale
MAP OF PROPOSED SUMMARY VACATION OF ALLEY 307
Map Prepared By:
Mapping & Real Property
W.F. A'Hearn
17 November 2023
50 0 5025
Feet
AG Proj: Vac Case 189V - Alley 307 ~ 1900 RiversideDr.mxd g
Case No. 189V
Legend
Alley 307 to be Vacated
Parcels in Adjacent Citys
THURLEN
E
R
O
A
D
Plan No.
12-244
CITY
OFLO
SANGELE
S
CITY
OFGLE
NDALE
CITY OF BURBANK
CITY OF LOS ANGELES
Los Angeles Equestrian Center
CITY
OF
BURBANK
ALLEY 307
ALLEN
AVENUE
RIVERSIDE
DRIVE
CITY
OF
GLENDALE
Exhibit "1"
1 of 2
41 of 224
50 50
27.0 8
60 185 .29
159 .49
148 .45
127 .49
11 0
11 2.5 3
111 .95
21.27 29.2 6
132 .87
50 69.5 7
175 .62
75.5 9
23.5 6
96.6 5
84.9 9
52.2 4
19.5 3
150
50 175 .65
313 .41
268 .29
21.86 127 .52
11 0
35 50
127 .51
52.11 50
50 1900
1840
1901
1900
100
60 12
50 15
RANCH O
60 TRACT NO. 9792
10 NO . 59 7 1
POR.OF LOT
14 18
20 20
PORTION
16 RES .
20 M.R. 43 ~ 47 TO 59
1 17
20 60
M. B. 138 ~ 59 ~ 60
BOUNDARY
LINE
11 1
13 PROVIDENCIA
141
V A C
BOUNDARY
First Alley Sw'ly of Riverside Dr , Nw'ly of Allen Av (Alley 307) - Glendale, CA 127 .49
159 .49
50 185 .29
50 27.0 8
60 148 .45
11 0
11 2.5 3
111 .95
21.27 29.2 6
132 .87
50 69.5 7
175 .62
75.5 9
23.5 6
96.6 5
84.9 9
52.2 4
19.5 3
150
50 175 .65
313 .41
268 .29
127 .52
35 50
21.86 11 0
50 52.11
50 127 .51
1900
1840
1901
1900
100
60 12
50 15
RANCH O
60 TRACT NO. 9792
10 NO . 59 7 1
POR.OF LOT
14 18
20 20
PORTION
16 RES .
20 M.R. 43 ~ 47 TO 59
1 17
20 60
M. B. 138 ~ 59 ~ 60
BOUNDARY
LINE
11 1
13 PROVIDENCIA
141
V A C
BOUNDARY
Scale
Location Map - Alley Vacation Case 189V
Map Prepared By:
Mapping & Real Property
August 2023
100 0 10050
Feet
AG Proj: Vac 189V Util Notif Map.mxd
g
EXHIBIT 1
2 of 2
300 FOOT RADIUS
300 FOOT RADIUS
Area Proposed
to be Vacated
W. RIVERSIDE DRIVE
CHAVEZST
ALLEN
AVENUE
RIVERSIDE DRIVE
ALLEY 307
ðCðIðTðY ð ðOðF ð ðLðOðSð ðAðN ðG
ðE ðLðE ðS
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ðDðA ðLðE
ðCðIðTðYð ðOðFð ðBðUðRðBðAðNðK
ðCðIðTðYð ð ð ðOðFð ð ð ðGðLðEðNðDðAðLðE
ðCðIðTðYð ðOðFð ðBðUðRðBðAðNðK
ðCðIðTðYð ðOðFð ðLðOðSð ðAðNðGðEðLðEðS
Los Angeles Equestrian Center
ALLEY
20'
42 of 224
43 of 224
44 of 224
4e
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Task Order with Ascend Analytics, LLC for Software, License and Support Services for Integrated Resource Planning for Glendale Water & Power.
1. Motion authorizing the City Manager, or his designee, to execute a Task Order with Ascend Analytics, LLC under an Agreement with the Southern California Public Power Authority for continued Software, License and Support Services for Integrated Resource Planning for Glendale Water & Power, for a total contract not-to-exceed amount of $394,064.46 for a three-year term, with an option for the City to extend the contract for two additional one-year terms in a total amount not to exceed $279,402.64 for both years; and authorizing a one-time payment of $12,285.96 for outstanding portion of a prior annual fee.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
Glendale Water & Power (“GWP”) utilizes PowerSIMM Software, a proprietary product by Ascend Analytics, LLC (“Ascend”) for its Integrated Resource Plan (IRP) modeling and IRP reporting, portfolio management, and consulting services relating to risk-based resource planning and cost analysis.
GWP’s Task Order with Ascend under Southern California Public Power Authority (“SCPPA”) Master Goods and Services Agreement (MGSA) for Software, License and Support Services has expired. Staff is seeking to renew this agreement by executing a Task Order with SCPPA for continued use of PowerSIMM to assist with integrated resource planning and portfolio management needs.
The total initial three-year cost of said Agreement including a one-time partial payment of annual fee for prior period is $406,350.42. If the City extends the agreement for two additional one-year terms, the total cost is $279,402.64 for both years. 45 of 224
24e
4 8
5 6
RECOMMENDATION
Authorize the City Manager to execute a Task Order with Ascend under an Agreement between Ascend and SCPPA for continued Software, License and Support Services for Integrated Resources Planning for a not-to-exceed amount of $394,064.46 for three- year term, plus a partial payment of annual fee for prior period in the amount $12,285.96, and authorize an option for the City to extend the contract for two additional one-year terms for a total not-to-exceed amount of $279,402.64.
ANALYSIS
In 2017, the City of Glendale executed a Task Order with Ascend under an Agreement with SCPPA for integrated resources planning software, license, and support services.
Since then, GWP has continuously utilized Ascend’s PowerSIMM software for its Integrated Resource Plan (IRP) modeling and IRP reporting, portfolio management, and consulting services relating to risk-based resource planning and cost analysis.
GWP’s Task Order with Ascend under SCPPA’s Master Goods and Services Agreement expired in September 2023, and could not be renewed at the time because SCPPA was in negotiations for a new MGSA with Ascend on behalf its members.
SCPPA executed a new MGSA with Ascend that replaced its amended agreement, effective November 1, 2023, for a three-year term with an option for an additional three years (see Exhibits A and B).
GWP is seeking to renew its Task Order with Ascend for Software, License and Support Services under the new SCPPA MGSA to continue its access to the PowerSIMM. This software is a crucial tool for GWP’s Power Management Section because it is utilized for resource modeling and facilitates long term portfolio planning and ongoing scenario analysis. The result of these analysis assists the power planning group to make informed decision for energy purchases and procurements that optimize our Renewable Portfolio Standard (RPS) Requirements.
Additionally, GWP is requesting authorization for a pro-rated payment of the annual fee, in the amount of $12,285.96 for the period between the time GWP’s task order expired on September 27, 2023 to October 31, 2023, while SCPPA was in negotiation to finalize a new MGSA.
STAKEHOLDERS/OUTREACH
Non-applicable
FISCAL IMPACT
The cost for Software, License and Support Services for resources planning is for a not-to-exceed amount of $394,064.46 for three-year term, plus a one-time partial payment of annual fees for prior period in the amount of $12,285.96.
The City may choose to extend the agreement with Ascend beyond year three, for two additional one-year terms for a not-to-exceed amount of $279,402.64 (total for both optional years).
46 of 224
34e
4 8
5 6
Funds for the first year of the agreement in the amount of $128,125, plus a one-time partial payment of fees in the amount of $12,285.96 for prior period are available in fiscal year 2023-24 budget, as outlined below:
Existing Appropriation
Amount Account String Funding Source
$140,410.96 GL: 43110-5820-GWP-4680-P0000 Electric Works Revenue Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action herein is not a project and as such the California Environmental Quality Act (CEQA) is not applicable.
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CEO, subcontractors, and any person or entity with more than ten percent interest in the company proposed for contract in this agenda item report:
Officers of Ascend Analytics, LLC
Full Name Title Business Address City State Zip
Gary Dorris CEO 1877 Broadway,
Suite 706 Boulder CO 80302
Ownership Interest in more than ten percent (10%) in Ascend Analytics, LLC Full Name Title Business Address City State Zip
Sean
Burrows CFO 222 E. Main Street,
Suite 201 Bozeman MT 59715
Vena
Kostroun
VP
Development
440 Grand Avenue,
Suite 420 Oakland CA 94610
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Decline to approve Task Order for Software, License and Support Services with Ascend Analytics. Not approving the agreement will impact GWP’s ability to access PowerSIMM, the core analytic software that GWP has utilized since 2017 as a tool to perform scenario analysis, load forecasting and to analyze the potential impacts of certain resource mixes.
Alternative 2: Consider any other alternative not proposed by staff. 47 of 224
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ADMINISTRATIVE ACTION
Submitted by:
Mark Young, General Manager - Glendale Water and Power
Prepared by:
Scott Mellon, Assistant General Manager - Power Management Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit A: SCPPA Board Resolution No. 2023-127
Exhibit B: Master Services Agreement Between SCPPA and Ascend Analytics, LLC 48 of 224
M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the City Council hereby authorizes the City Manager, or his designee, to execute a Task Order with Ascend Analytics, LLC under an Agreement with the Southern California Public Power Authority for continued Software, License and Support Services for Integrated Resource Planning for Glendale Water & Power, for a total contract not-to-exceed amount of $394,064.46 for three-year term, with an option for the City to extend the contract for two additional one-year terms in a total amount not to exceed $279,402.64 for both years; and authorizing a one-time payment of $12,285.96 for outstanding portion of a prior annual fee, subject to approval by the City Attorney.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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RESOLUTION NO. 2023 -I27
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE A MASTER GOODS AND SF,RVICES
AGREEMENT BETWEEN SOUTHERN CALIFORNIA
PUBLIC POWER AUTHORITY AND ASCEND ANALYTICS
LLC, AND PROVIDING F'OR ADDITIONAL
CONTRIBUTIONS TO THE AUTHORITYNS REVOLVING
GENERAL FUND, AND AUTHORIZING CERTAIN
RELATED ACTION
WHEREAS, the Southern California Public Power Authority ("SCPPA" or "the Authority") owns interests in various generation and transmission projects, the output or services of which has been sold to Members of the Authority (Members); and WHEREAS, SCPPA member utilities ("Members") are engaged in the generation, transmission, and distribution of electrical energy to retail customers, including assisting such customers with the efficient use of said energy; and
WHEREAS, certain SCPPA Members have a need from time to time for modeling software and modeling expertise for integrated resource planning, system analysis, clean energy procurement, and reporting as well as other customized goods and services ("Services"); and WHEREAS, Ascend Analytics LLC ("Consultant") can provide such Services to SCPPA's Members utilizing its proprietary PowerSIMM@ software solution; and the Authority is willing and able to enter into a Master Goods and Services Agreement (the "Agreement") with Consultant to provide the Services; and
WHEREAS, in accordance with the Authority's Procurement Code, the Authority's Purchasing Manager has determined that the proposed Agreement with Consultant is a Sole Source contract; and
WHEREAS, the Board of Directors ofthe Authority, in its ResolutionNo. 1990-15, established a revolving general fund (the General Fund) for the payment of costs and expenses incurred by the Authority from time to time in carrying out its purposes; and WHEREAS, the Board of Directors of the Authority, in its ResolutionNo. 1992-1, provided for the continuation of the General Fund and established a procedure to be followed with respect to additional contributions to the General Fund; and WHEREAS, the Board of Directors of the Authority, in its Resolution No. 1995-2, provided for a separate bank account (the Joint Planning Account) to hold and disburse the additional contributions to the General Fund with respect to joint planning matters; and
EXHIBIT A
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WHEREAS, the Board of Directors of the Authority, in its Resolution No. 1995- 13, changed the name of the Joint Planning Account to the Restructuring Account and charges to the Restructuring Account are referred to as "Resolution Billing"; and WHEREAS, the Board of Directors of the Authority wishes to provide for additional contributions to the General Fund, and certain Members of the Authority are willing to make such additional contributions.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Authority as follows:
1. The Executive Director is authorized and directed to execute a Master Goods and Services Agreement with Ascend Analytics LLC for the Services.
2. The Board of Directors hereby provides for additional contributions to the General Fund as provided in this Resolution. Notwithstanding anything to the contrary in Resolution No. 1992-1, such additional contributions :
(a) Shall be solely for the pu{pose of paying for costs and expenses incurred by the Authority with respect to the Services provided by Consultant, and pending application for such purpose, the contribution shall not be expended to pay costs or expenses for any other purpose; and
(b) shall be billed to the Members that have received Services from Consultant with respect to such invoice, with the amount of each such Member's bill to be based upon the Services performed by Consultant for the benefit of such Member; and (c) shall be billed and collected from each Member under the Alternative Billing Method authorized by Resolution 2015-025, with such amount designated as a charge under this Resolution.
Although the amounts to be contributed under this Resolution and related income shall constitute part of the General Fund, they shall be held and accounted for within the existing Restructuring Account. The Executive Director of the Authority is hereby directed to utilize the Restructuring Account for the purpose of holding contributions and related income, and making disbursements, for the purposes of this Resolution. The President, Vice President, Secretary, any Assistant Secretary, and the Executive Director of the Authority are each authorized to execute checks drawn on the Restructuring Account from time to time.
Amounts so held in the General Fund and the Restructuring Account pursuant to this Resolution will not be contributed or held for any other purpose. Such amounts shall not constitute (a) Revenues, or (b) revenues, income, rents, or receipts derived by the Authority from or attributable to Authority Capacity (or to the payment of the costs thereof) or the ownership or operation of any Project. As used herein, "Revenues," "Authority Capacity" and "Project" shall have the respective meanings set forth in the indentures of trust and other instruments governing the external financing arrangements entered into from time to time by the Authority.
J
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5 The President, Vice President, Secretary, any Assistant Secretary, Executive Director and any other officer of the Authority are each hereby authorized to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution.
6. This Resolution shall become effective immediately
THE FOREGOING RESOLUTION is approved and adopted by the Authority this 19th day of October 2023.
Southern California Public
Power Authority
ATTEST:
fu,/*
ASSISTANT TARY
S outhern California Public
Power Authority
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC 1 MASTER SERVICES AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
AND
ASCEND ANALYTICS, LLC
This MASTER SERVICES AGREEMENT (“Agreement”) is dated and effective November 1, 2023, by and between Ascend Analytics, LLC ("Consultant"), a limited liability company, located at 1877 Broadway, Suite 706, Boulder, CO 80302 , and Southern California Public Power Authority ("SCPPA"), a joint powers agency created pursuant to the laws of the State of California, with offices at 1160 Nicole Court, Glendora, California 91740. SCPPA and Consultant are also referred to herein individually as “Party” and together as “Parties”. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.
WHEREAS, SCPPA member utilities (“Members”) are engaged in the generation, transmission, and distribution of electrical energy to retail customers; and WHEREAS, SCPPA and its Members have a need for specific software and consulting services relating to risk based resource planning, portfolio management, budgeting and data infrastructure to fulfill their need for studies and reports to facilitate SCPPA’s services that support its Members’ procurement of generation and transmission resources and their obligation to first acquire energy efficiency and demand reduction resources that are cost effective, reliable and feasible as mandated by Section 9615 of the California Public Utilities Code; and WHEREAS, Consultant is qualified and capable of providing such software and consulting services.
NOW, THEREFORE, in consideration of the promises herein and for other good and valuable consideration, the Parties agree as follows:
1. Services to be Provided:
SCPPA engages Consultant to provide the software- services and related tasks (“Services”) outlined in Exhibit A for itself and its Members to utilize pursuant to one or more separate task orders (“Task Order”) substantially in the form attached hereto as Exhibit C. The Services performed by Consultant under all Task Orders shall be based upon the price terms listed in Exhibit B and the License Agreement , provided that in no e vent shall the payments to Consultant exceed the designated maximum amount listed in Exhibit B for all Task Orders under this Agreement. Each Task Order shall specify the tasks and assignments , from among DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1
EXHIBIT B
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC 2 the Services , to be performed by Consultant. Each T ask Order may include a cap for all payments for Services performed under the Task Order and a time schedule for completion of the Services. Any Member that elects to participate in any Task Order is referred to herein as the "Participating Member ." No Task Order may be amended except by written agreement executed by Consultant, SCPPA and the Participating Member, provided that if a Participating Member has elected to confirm its Task Order participation through a letter to SCPPA, the Participating Member shall have submitted a new letter to SCPPA requesting the amendment to the Task Order prior to SCPPA’s execution of the amended Task Order. Notwithstanding any contrary provision herein, Consultant shall have n o obligation to perform any services hereunder absent a fully executed Task Order under this Agreement therefor and absent the Participating Member’s and Consultant’s respective authorized and delivered signature to both the applicable Task Order and, if applicable, the License Agreement (the “License Agreement” or “SLA”) substantially in the form attached hereto as Exhibit D.
2. Independent Contractor:
(a) Independent Contractor. Consultant is an independent contractor . Neither the Consultant nor the Consultant’s employees or agents are employees of SCPPA or any Member and shall not be entitled to any employment benefits or rights afforded by SCPPA or Members to their employees , including, but not limited to, sick leave, vacation leave, paid leave, holiday pay, retirement benefits, worker’s compensation, or other insurance benefits.
Consultant hereby warrants that: (1) The Consultant and its employees and agents are free from the control and direction of SCPPA and its Members in connection with the performance of the work to be provided hereunder, both under this contract and in fact, (2) The Consultant and its employees and agents perform work that is outside the usual course of SCPPA’s business, and (3) the Consultant and its employees and agents perfo rming Work under this Agreement are customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the Work to be performed under this Agreement. Consultant shall furnish the Work according to its own manner and methods except as required by applicable laws and this Agreement. Consultant shall have no authority, express or implied, to act on behalf of or bind SCPPA or Members to any obligation in any capacity whatsoever as agent or otherwise.
(b) Subcontractors. Consultant may use the services of subcontractors to perform a portion of its obligations under this Agreement with the prior written approval of SCPPA (not to be unreasonably withheld). All subcontractors retained by Consultant shall be duly licensed as required by law. Subcontractors shall be provided with a copy of this Agreement and Consultant shall cause all subcontractors to comply with th is Agreement and agree in a separate writing to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its subcontractors. Consultant’s visit to and time spent at SCPPA, Member, or project site locations shall be subject to normal business hours, appropriate safety standards, and security requirements.
DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 54 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 3 (c) Indemnity. Consultant shall indemnify, defend, and hold harmless SCPPA and Members, and their respective officers, employees, assigns, and successors in interest from and against any and all liability, claims, suits, demands, damages, fines, penalties, wages, costs or expenses pertaining to (i) prevailing wage laws for Services by Consultant performed during the term of the applicable Task Order and (ii) the payment of any employee and/or employer contributions for the California Public Employees Retirement System (“PERS”) benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the respons ibility of SCPPA or Members. The Parties acknowledge and agree that Consultant’s Services in this Agreement involve specific expertise and services not previously performed by employees of SCPPA or any Member and concerns software owned by Consultant, and that it is not the intent of the Parties or participating Members to make Consultant or any of its employees or subcontractors subject to PERS. This indemnification is intended to supplement and is not intended to limit or exclude the application of the indemnification requirements provided in Section 8 hereof.
3. Standard of Care:
The Consultant will perform Services under this Agreement with the degree of skill and diligence normally practiced in the same industry by consultants performing the same or similar services. Consultant shall comply with all Federal, State, County, local and other governing laws, rules and regulations applicable to the performance of the Services including Participating Member(s) business practices or other requirements set forth in a Task Order, including, but not limited to, equal opportunity practices, living wage ordinances, applicable business licenses, taxpayer protection acts (limiting gifts or campaign contributions), and assignment of antitrust causes of action. Consultant represents and warrants that it is appropriately licensed, qualified and exp erienced to provide the Services. Consultant acknowledges that if it is subject to the requirements of the California Consumer Privacy Act (“CCPA”), then Consultant represents that all Services performed hereunder shall comply with such requirements If requested and approved by Consultant (not to be unreasonably withheld by Consultant), Consultant agrees to execute a Non -Disclosure Agreement or other ancillary agreement with SCPPA or a Member to document Member-specific requirements for purposes of addressi ng CCPA, California Public Records Act (“CPRA”), Confidentiality and/or Cybersecurity concerns.
4. Amendments:
Amendments to this Agreement must be in writing and signed by both Parties. No Task Order issued under this Agreement may be amended except by written agreement executed by Consultant, SCPPA and the Participating Member , provided further that if a Participating Member has elected to confirm its Task Order participation through a letter to SCPPA, the Participating Member shall have submitted a new letter to SCPPA requesting the amendment DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 55 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 4 to the Task Order prior to SCPPA’s execution of the amended Task Order. Notwithstanding any contrary provision herein, SCPPA’s approval and signature is not required for change orders that are within the scope of Services and term of the applicable Task Order.
5. Payment:
SCPPA shall pay Consultant for Services in accordance with the terms of this Agreement and the applicable Task Order. Consultant is not authorized to perform any Services or incur any costs whatsoever until : (1) a Task Order has been executed by the signature of both Parties (and the Participating Member if the Participating Member has elected to sign the Task Order); and (2) a written purchase order providing authorization for the start of Services for such Task Order has been issued to the Consultant by the SCPPA designated representative. In addition to any specific requirements in a Task Order, e ach invoice from Consultant shall include the following:
a. A reference to the purchase order number associated with the purchase order issued by SCPPA for such Services to be performed under the Agreement and Task Order and any other number assigned by SCPPA for invoices under this Agreement; and b. Name of each Participating Member that has received Services for which the invoice is being issued by Consultant; and
c. The basis for the amount invoiced, including a description of Services provided.
Consultant shall submit all invoices to SCPPA. Invoices delivered to SCPPA shall be sent to [email protected]. Invoices received by SCPPA on or before the 15th day of a given month and subsequently approved by the Participating Member(s) on or before the 25th day of the same month, shall be paid by SCPPA before the end of the following month. All other properly invoiced amounts shall be paid not more than sixty (60) calendar days after delivery of an invoice, provided that the funds for the payment of such invoices have been transmitted to SCPPA by the Participating Member(s). SCPPA shall inform Consultant of any disputed invoice amounts within thirty (30) calendar days of receipt of the invoice by SCPPA. SCPPA may withhold payment of such disputed amounts until both Parties have reached agreement on the proper amount of the invoice.
6. Taxes:
All taxes imposed on Consultant’s income, imposed or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, shall be paid by Consultant.
Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of SCPPA.
7. Indemnity:
Consultant shall defend, indemnify and hold harmless SCPPA and Members and their DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 56 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 5 respective officers, employees, assigns and successors in interest (collectively, “Indemnified Parties”) from and against any and all suits and causes of action, claims, charg es, damages, demands, judgments, civil fines and penalties, or losses of any kind or nature whatsoever , whether actual or (solely applicable to the duty to defend) alleged, arising out of, or incident to, the performance of Services under this Agreement (“Claims”), excluding only those Claims arising from the gross negligence or willful misconduct of Indemnified Parties or their respective officers or employees and any claim caused by Indemnified Parties’ reliance on Products beyond the scope specified in this Agreement.
8. Intellectual Property Infringement:
Consultant shall defend, indemnify and hold harmless SCPPA and each Participating Member from and against any loss, cost and expense that SCPPA or each Participating Member incurs because of a claim that any deliverables, materials , software (other than software licensed under the License Agreement attached hereto as an exhibit) or hard ware or equipment (hereinafter “Product s”) provided pursuant to this Agreement infringes on the intellectual property right s of others. Consultant’s indemnification obligation under this Section 8 is conditioned on the following: (i) SCPPA must notify Consultant of any such claim and (ii) the claim must not arise from modifications to or misuse of the Product by SCPPA or the Participating Member. In the event of an infringement claim, Consultant, at its sole option and expense, may (A) retake title and possession of the Product and refund all compensation paid by SCPPA, or (B) obtain for SCPPA and any Participating Member the right to continue using the Product under the terms of this Agreement as was being used prior to the infringement claim; or (C) replace for SCPPA and any Participating Member the Product with another that is substantially equivalent in function, or modify the Product so that it becomes non-infringing and substantially equivalent in function. Consultant’s election in response to an infrin gement claim as described in this Section 8 shall not result in any additional costs or liability to SCPPA and any Participating Member.
9. Insurance:
Consultant shall at its sole cost and expense procure, provide and maintain, and shall require each subcontractor (regardless of tier) to provide and maintain, in effect during the performance of any Services under this Agreement, and with respect to subparagraphs (d) and (e) below, the period of time specified there in, insurance coverage with carriers reasonably satisfactory to SCPPA, as follows:
(a) Workers’ Compensation insurance in accordance with statutory limits, as required by the state in which the services are to be performed, including a waiver of subrogation favoring SCPPA, and Employer’s Liability insurance with limits of not less than one million dollars ($1,000,000) each employee for accident, $1,000,000 each employee for disease, and $1,000,000 policy limit for disease.
DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 57 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 6 (b) Commercial General Liability insuran ce providing coverage for bodily injury, property damage, personal injury, advertising liability, blanket contractual liability, Consultant’s obligations under this Agreement, products and completed operations, and coverage for independent contractors with limits of not less than one million dollars ($1,000,000) for each occurrence. Such policy shall cover SCPPA and each Participating Member as an additional insured, include a severability of interest provision, and be primary and not contributory with respect to any insurance carried by SCPPA or Participating Members.
(c) Commercial Automobile Liability insurance providing coverage for all owned, non - owned, and hired automobiles used by Consultant in the performance of the services with a combined single limit of not less than one million dollars ($1,000,000) for each occurrence of bodily injury and property damage.
(d) Errors & Omissions/Professional Liability insurance, including cover age for liability arising from intellectual property infringement, information technology and software development services, with limits of one million dollars ($1,000,000) per claim and in the aggregate. The policy must be kept in force during the lifetime of the contract and for three years (either as a policy in force with “prior acts” coverage covering the Agreement’s term or under an extended reporting provision) after the contract termination.
(e) Cyber Security Coverage including technology / professional liability insurance, intellectual property infringement, and data protection liability insurance. Consultant shall procure and maintain coverage for cyber liabilities and financial loss resulting or arising from acts, errors, or omissions, in connection with data maintenance, hosting, software development and other information technology services provided under this agreement.
Coverage shall include protection for liability arising from:
1. intellectual property infringement arising out of software and/or content (excluding patent infringement and misappropriation of trade secrets);
2. breaches of security;
3. violation or infringement of any right, privacy, breach of federal, state, or foreign security and/or privacy laws or regulations; and,
4. data theft, damage, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential corporate information, transmission of a computer virus or other type of malicious code; and participation in a denial of service attack on a third party.
The minimum limits shal l be three million dollars ($3,000,000) for each claim and in the aggregate.
DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 58 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 7 Such insurance must address all of the foregoing without limitation if caused by an employee of the Consultant or an independent contractor working on behalf of the Consultant in performing Services under this contract. Policy must provide coverage for wrongful acts, claims, and lawsuits anywhere in the world. The policy must be kept in force during the life of the contract and for three years (either as a policy in force with “prior acts” coverage covering the Agreement’s term or under an extended reporting provision) after contract termination.
(f) All required policies shall provide not less than thirty (30) calendar day notice of cancellation to SCPPA.
The insurance to be provided by Consultant under this Agreement shall not include any of the following: except for Professional Liability Insurance, any claims-made insurance policies; any self-insured retention or deductible amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by SCPPA; any endorsement limiting coverage available to SCPPA or Participating Members that is otherwise required by this Section 9; and any policy or endorsement language that (i) negates coverage to SCPPA or Participating Members for SCPPA’s or Participating Members’ own negligence; (ii) limits the duty to defend SCPPA or Participating Members under the policy; (iii) provides coverage to SCPPA or Participating Members only if Consultant is negligent, or (iv) permits the recovery of defense costs from any additional insured. The insurance provided under this Agreement shall not contain any restrictions or limitations which are inconsistent with SCPPA’s or the Participating Members’ rights under this Agreement.
Consultant shall furnish SCPPA proof of all specified insurance evidencing the required coverages prior to commencement of Services under this Agreement or any Task Order issued pursuant to this Agreement. Consultant shall provide SCPPA a new or renewed c ertificate of insurance upon any changes or modifications to coverage including any extension or renewal of required insurance coverage; provided that any changes or modifications to coverage shall be consistent with the requirements of this Agreement.
The insurance requirements set forth in this Section 10 are separate and independent from the indemnification and defense provisions of this Agreement. The insurance provisions do not limit the applicability, scope, or obligations of indemnification and defense obligations of this Agreement, and this Agreement’s indemnification and defense obligations do not limit the insurance coverage requirements of this Agreement.
10. Term and Termination:
(a) The term of this Agreement shall be three (3) years from the date hereof at which time it shall either expire or be extended by written agreement of the Parties for one (1) or more additional terms totaling no more than three (3) years, unless sooner terminated in accordance with this Section 10.
DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 59 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 8 (b) Either Party may terminate this Agreement, with or without cause, upon thirty (30) calendar days’ written notice to the other Party. Upon such termination, (i) Consultant shall reimburse SCPPA for all payments made by SCPPA for Services not yet completed, or (ii) if outstanding payments are owed to Consultant, SCPPA shall pay Consultant for all Services satisfactorily performed in accordance with this Agreement up to the date of termination. Any rights or obligations pursuant to Sections 2(c), 3, 5-11, 13, 15, and 19-22 shall survive the termination or expiration of this Agreement.
(c) No Task Order shall be executed pursuant to this Agreement if the time or deadline for performance thereof extends beyond the then-applicable expiration date of the Agreement.
(d) Notwithstanding the foregoing provisions of this Section 10, at SCPPA’s sole discretion and for good cause shown, this Agreement shall not expire while services to be performed under an existing Task Order remain incomplete.
(e) Consultant confirms that it understands the conflicts of interest codes and requirements applicable to its profession, as well as the requirements of California Government Code Section 1090, et seq. and Section 87100, et seq. Consultant represents and cert ifies that it is unaware of any conflict of interest relating to this Agreement and that SCPPA, its Members, and their respective officers, agents, employees, representatives, and elected and appointed officials do not, and will not, have any indirect or i ndirect financial interest in this Agreement. Consultant will immediately inform SCPPA about any conflict of interest that may arise as a result of any change in circumstances. Notwithstanding any other provision of this Agreement, it is further understood and agreed that if such conflict of interest does exist or develop, SCPPA may immediately terminate this Agreement by giving Consultant written notice thereof.
11. Use and Ownership of Work Product:
(a) SCPPA and its Members shall have rights to output from the software and other consulting services but will not have rights to resell or redistribute the delivered analytical work products and shall have any and all licensed rights to use software provided under the License Agreement signed by the Participating Member and Consultant materially the form attached hereto as Exhibit D. Except as may be otherwise provided in the License Agreement, SCPPA and its Members agree that all rights, title, and interest in and to all, models, tools, systems, or processes used or developed by Consultant in the course of providing Services pursuant to this Agreement and any resulting Task Orders, including, but not limited to, patent rights, trade secrets, mask works, software code, and copyrights, shall remain exclusively with Consultant without further consideration; provided that SCPPA and its Members may retain and use a copy of any outputs, reports, and analyses for its sole use. SCPPA and its Members agree that such proprietary rights are retained by and valuable to Consul tant and that SCPPA and its Members shall continuously control the use and disclosure of the software and related DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 60 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 9 documentation and shall keep the software and related documentation, training materials, and documentation of model techniques confidential.
(b) Consultant acknowledges that any application built or delivered to SCPPA or its Members for integration into the software, to the extent not previously owned by Consultant, remains property of the SCPPA or its Members. Similarly, Consultant acknowledges that SCPPA or its Members may integrate Customer Data (as defined in Section 13.) into its Member(s) existing applications (existing prior to any License Agreement or service agreement with Consultant ) and develop and/or customize extensions to the softwar e which may contain Customer Data and/or intellectual property of SCPPA or its Members and not Consultant and such Customer Data will remain property of SCPPA or its Members.
12. Information Provided by Others:
To the extent reasonably available to SCPPA and/or the Participating Members, and not otherwise subject to any confidentiality requirement, SCPPA and/or the Participating Members, upon Consultant’s request shall provide to the Consultant in a timely manner any information reasonably needed to perform the Services hereunder. Consultant may rely on the accuracy of information provided by SCPPA and Participating Members. Any Customer Data (as defined in Section 13 herein) furnished to Consultant by SCPPA or Participating Members shall be deemed Confidential Information subject to Section 13 of this Agreement.
13. Confidential Information:
As used herein, “Customer Data” shall mean any and all data that describes anything whatsoever about an individual customer of a Pa rticipating Member, such as address, employment, contact information, usage history, financial transactions and/or credit history, or that affords a clear basis for inferring things done by or to an individual or entity such as a record of a person’s prese nce in a place, or requests for temporary changes in service. “Customer Responses” shall be all information or opinion collected or gathered from an individual customer of a Participating Member, either verbally, in writing, or electronically.
Either Party (as to information disclosed, the "Disclosing Party") may provide the other (as to information received, the "Receiving Party") with information in connection with this Agreement that it may deem to be “Confidential Information” as defined herein. Confidential Information shall mean any and all: (1) Customer Data provided by SCPPA or any Participating Member to Consultant or any of Consultant’s subcontractors; (2) Customer Responses collected by Consultant or any of Consultant’s subc ontractors from customers of any Members; and (3) any information provided to one Party from another that is labeled and/or marked confidential. Receiving Party agrees: (a) to use or reproduce the Confidential Information only as necessary to realize the b enefits of or perform its obligations under this Agreement and for no other purpose, (b) to take reasonable measures to prevent disclosure of DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 61 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 10 the Confidential Information to third parties, and (c) not to disclose the Confidential Information to a competitor of Disclosing Party.
Notwithstanding the foregoing, Confidential Information does not include information which (i) at the time of disclosure is within the public domain through no breach of this Agreement by either Party; (ii) has been known or indepen dently developed by and is currently in the possession of recipient prior to disclosure or receipt thereof; (iii) was or is acquired by recipient from a third party (other than a Participating Member customer contacted by Consultant in the course of performance of this Agreement) or (iv) disclosed pursuant to a legal requirement or order. The recipient may disclose the Confidential Information on a need -to-know basis to its contractors, agents and affiliates who agree to confidentiality and non -use terms th at are substantially similar to these terms.
In the case of a bona fide request received by SCPPA under the California Public Records Act (“CPRA,”) Cal. Gov't Code § 7920.000 et seq.) from a third party for access to Consultant’s Confidential Information subject to this Agreement, or as otherwise may be required by the California Ralph M. Brown Act (“Brown Act”) (California Government Code §§ 54950 et seq.), SCPPA shall notify Consultant of such request and shall seek to follow Consultant's reasonable instructions in responding thereto subject to the understanding that SCPPA cannot delegate the responsibilities imposed on it by the CPRA or Brown Act . SCPPA’s responsibilities under both the CPRA and Brown Act shall be determined in the sole discretion of SCPPA. In the event access to such Confidential Information is denied and the third party requesting the same initiates litigation to compel access under the CPRA, SCPPA shall promptly advise Consultant of such litigation, and SCPPA shall have no other duty or obligation to Consultant under this Agreement with respect to the denial of access to such Confidential Information or to oppose or defend any such litigation. Consultant, at its own cost and expense, shall indemnify, defend and hold SCPPA free and harmless from such litigation or any claim, suit, cost, expense, attorneys’ fees, judgment or order related thereto or otherwise arising from the denial of access to Consultant’s Confidential Information to said third party.
If Consultant is requested or requ ired, pursuant to any order, rule, ruling, discovery request, subpoena, civil investigation or similar process to disclose any of SCPPA’s or Participating Members’ Confidential Information, Consultant shall provide prompt written notice to each of SCPPA and the affected Participating Members of such request or requirement so that SCPPA and the affected Participating Members may, at their own expense, seek a protective order or other appropriate remedy concerning such disclosure.
Confidential Information must be kept in a secure location. Confidential Information pertaining to customers of a Member shall only be provided by Consultant to SCPPA and the interested Participating Member, and to no other party and Consultant shall imple ment and DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 62 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 11 maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Consultant shall, when directed by SCPPA, create aggregated data derived from Confidential Information in such a way that individual customer responses or data cannot be determined. Consultant shall retain the Confidential Information only so long as it is necessary to perform Consultant’s tasks under the Agreement, and after such time, the Confidential Information shall be returned to SCPPA or at SCPPA’s written request, destroyed, and Consultant shall retain no copies of the Confidential Information. Under no circumstances shall Consultant, or its officers, employees, subcontractors, or agents use Confidential Information of SCPPA or its Members for any commercial purpose not related to the primary purpose of this Agreement.
Consultant shall be responsible for ensuring that any subcontractors used to provide Services that have access to Confidential Information or who shall collect Customer Responses comply with the provisions of this Section 13.
Notwithstanding these restrictions, only where permitted by law, including as limited by Section 1798.98 of the California Civil Code and Section 8381 of the California Public Utilities Code, (a) Consultant may disclose Confidential Information to its affiliates and subcontractors to the limited extent necessary for the performance of the Agreement, ( b) a Receiving Party may disclose Confidential Information to its auditors, (c) SCPPA may disclose Confidential Information to Members, and (d) a Receiving Party may disclose Confidential Information to any other third party with the prior written permissi on of Disclosing Party, and in each case, only so long as the Receiving Party obtains a non -disclosure commitment from any such subcontractors, auditors, lenders or other permitted third party that prohibits disclosure of the Confidential Information and p rovided further that the Receiving Party remains responsible for any unauthorized use or disclosure of the Confidential Information. Each Disclosing Party warrants that it has the right to disclose the information that it discloses.
14. SCPPA’s Right to Inspect Property: Upon reasonable notice to Co nsultant, SCPPA and/or Members shall have the right during the performance of the Services to inspect the site, subject in all cases to all applicable rules, policies and regulations related to safety, as well as s tate and local building code and ordinance compliance, including Consultant's and its subcontractors' reasonable safety precautions, provided that such inspection and presence does not unreasonably interfere with or delay the completion of the Services and Consultant's performance of its other obligations under this Agreement.
15. Title to Goods and Warranties:
(a) Title to Goods. The risk of loss and title to goods supplied by Consultant to SCPPA, other than software (which software is licensed and governed by the separate License Agreement, the form of which is attached hereto as an exhibit) pursuant to any Task Order shall pass DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 63 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 12 upon delivery to SCPPA, unless otherwise specified in the Task Order or License Agreement.
(b) Warranties. Consultant warrants that goods shall be delivered free from material defects in material, workmanship and title and that the services shall be performed in a competent, diligent manner in accordance with any mutually agreed specifications, as identified in the specific Task Order or License Agreement. Consultant warrants that the services performed by it hereunder will be performed in a workmanlike manner and in accordance with generally accepted professional standards. In the event the services do not conform, such nonconforming services shall be corrected by Consultant. If goods or services do not meet the above-warranties, SCPPA shall promptly notify Contractor in writing prior to expiration of the warranty period. Consultant shall (i) at its option, repair or replace defective goods and (ii) re-perform defective services. If despite Consultant’s reasonable efforts, a non - conforming goods cannot be repaired or replaced, or non-conforming services cannot be re-performed, then, without limitations to SCPPA’s legal and equitable remedies and any remedies provided under this Agreement, Consultant shall refund or credit monies paid by SCPPA for such non -conforming goods and services. Notwithstanding any contrary provision in this Agreement, all warranties by Consultant expire within one year after the term of the applicable Task Order or, if earlier, one year after delivery of the Product.
16. Recycled Materials:
In accordance with California Public Contract Code section 22152 et seq., Consultant shall certify the minimum, if not the exact, percentage of postconsumer materials in the materials, Products, or supplies offered or sold pursuant to this Agreement, including, where applicable, printer cartridges. Where applicable, the Consultant shall ensure that any printing paper used meets the recycled content requirements set forth in Section 12209 of the California Public Contract Code.
17. Dispute Resolution:
In the event of a dispute between the Parties either Party may deliver to the other Party a notice of dispute with a detailed description of the underlying circumstances for the dispute. The dispute notice shall include a schedule of availability of the notifying Party’s officers having a title of senior vice president or higher duly authorized to settle the dispute during the thirty (30) calendar day period following delivery of the dispute notice. The recipient Party shall, within five (5) business days of receip t of the dispute notice, provide to the notifying Party a parallel schedule of availability of its officers having a title of senior vice president or higher duly authorized to settle the dispute. The senior officers of the Parties shall meet and confer as often as reasonably necessary during the thirty (30) calendar day period in good faith negotiations to resolve the dispute. In the event the dispute is not resolved within the thirty (30) calendar day period then either Party may pursue any legal remedy a vailable to it ; provided further, however, nothing herein shall prohibit either Party from pursuing temporary, injunctive, or equitable relief during this thirty (30) calendar day period.
DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 64 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 13 18. Representatives:
SCPPA’s representative for administration of this Agreement:
Randy Krager , (626) 793 -9364, fax number (626) 793 -9461 and e -mail address is [email protected]. All questions to SCPPA pertaining to this Agreement shall be referred to the person named above.
Consultant’s representative for this Agreement: Gary Dorris, [email protected], (303) 415 1400.
All questions to Consultant pertaining to this Agreement shall be referred to the person named above.
The representative of SCPPA set forth herein shall have authority to give all notices required herein from SCPPA and/or any Member. Any employee, subcontractor, attorney or agent of Ascend may have authority to give notices required herein from Ascend or any subcontractor of Ascend.
19. Notices:
Notices, requests, demands and other communications made pursuant to this Agreement shall be deemed given only if in writing signed by an authorized representative of the sender and delivered by first class mail, electronic mail, or by a courier or service guaranteeing overnight delivery to the receiving party, addressed as follows:
Either party may change its contact information for the purposes of this Agreement by giving written notice of such change to the other party in the manner provided in this Section.
Notice shall be deemed effective: 1) immediately, upon personal delivery or upon transmission by electronic mail accomp anied by a telephone call to the intended recipient ; 2) one (1) calendar day after transmission by electronic mail not accompanied by a telephone call; 3) five (5) calendar days after deposit in first class mail, if mailed within the United States; and 4) ten To SCPPA: To Consultant:
Executive Director
1160 Nicole Court
Glendora, CA 91740
[email protected]
Dr. Gary Dorris
Chief Executive Office
1877 Broadway, Suite 706
Boulder, CO 80302
[email protected]
with a copy to:
Beth S. Dorris
Law Offices of Beth S. Dorris
3226 Mandeville Canyon Rd.
Los Angeles, CA 90049
DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 65 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 14 (10) calendar days after deposit in the mail, if mailed from outside the United States.
20. Miscellaneous:
(a) Assignment – This Agreement is binding upon and shall inure to the benefit of SCPPA and Consultant and their respective successors and assigns. Neither Party may assign its rights or obligations hereunder without the prior written consent of the other Party; provided, however, that either Party may assign this Agreement to a successor of the Party’s entire business relating to this Agreement.
(b) Integration; Conflicts – This Agreement, including Exhibits hereto, contain s the entire agreement between the Parties and supersedes all prior negotiations, representations or agreements, whether written or oral. In the event of any conflict between the terms of this Agreement, or any Task Order, this Agreement shall control. In the event of any conflict between a Task Order and the associated purchase order, the Task Order shall govern.
SCPPA is not a party to the License Agreement and is not subject to t he terms and conditions of the License Agreement. The License Agreement is a separate agreement between Consultant and Participating Member(s) and shall control only as to Consultant’s and Participating Member(s) rights and obligations under an executed License Agreement.
(c) Waiver – The failure to enforce any terms of this Agreement or the waiver of any breach of this Agreement shall not constitute a waiver of any other breach or a relinquishment of right to enforce the same or any other provision of this Agreement.
(d) Severability – If any provision of this Agreement is rendered invalid or unenforceable under any circumstance, the remainder of this Agreement shall continue to be in full force and effect and the provision declared invalid or unenforceable shall continue to be in full force and effect as to other circumstances in accordance with the laws of the State of California.
(e) Governing Law – This Agreement is entered into in Los Angeles County in the State of California and shall be gove rned by, and construed in accordance with, the laws of the State of California.
(f) Venue – All litigation arising out of, or relating to this Agreement, shall be brought in a state or federal court in the County of Los Angeles in the State of California, and both Parties waive any defense of forum non conveniens.
21. Execution in Counterparts, Electronic Signatures and Document Transmission:
This Agreement may be executed in counterparts, and, upon execution by each signatory, each executed counterpart shall have the same force and effect as an original instrument and as if DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 66 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC 15 all signatories had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal eff ect of any signature thereon, and may be attached to another counterpart of this Agreement identical in form hereto by having attached to it one or more signature pages.
The Parties may execute this Agreement by manual signature or by electronic signature, each of which shall have the same force and effect. A signed copy of this Agreement transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes, to the extent provided under applicable law, including California’s Uniform Electronic Transactions Act.
22. Audit:
During the Agreement’s term and for a period of four years after the termination or expiration of the Agreement, Consultant shall (a) maintain all invoicing and invoicing logs related to Consultant’s performance of the Agreement (“Records”); and (b) provide SCPPA or its representatives, at all reasonable times, the right to examine, excerpt, photocopy, photograph, or transcribe such Records.
[SIGNATURE PAGE FOLLOWS]
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC 16 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By:
MICHAEL S. WEBSTER
Executive Director
Approved as to Legal Form:
ARMANDO ARBALLO
Assistant General Counsel
ASCEND ANALYTICS, LLC
By:
DR. GARY DORRIS
Chief Executive Officer
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-1
EXHIBIT A
SCOPE OF SERVICES TO BE PROVIDED UNDER THIS AGREEMENT
Item Consulting Activity Description Ascend's Unique Value Add A Market Analysis Provides simulations of future
market conditions consistent
with evolving fundamentals of
high renewable penetration:
a) long-term forward curves
consistent with market
fundamentals (power prices)
b) forecast price curves for
gas, coal,
GHG
c) increased market price
volatility
d) LMP/EIM prices inclusive
of fundamentals
e) RT/EIM prices
f) ancillary service prices
(or constraints)
g) transmission constraints
Ascend's simulation approach is
uniquely positioned to capture
the newly emerging market
dynamics of high renewable
generation:
a) Capture increasingly
volatile prices with high
renewable penetration
b) Consistency with market
fundamentals of weather--> load
and renewable generation-->
market price
c) Consistency with declining
average implied heat rates
d) Dynamic "duck" prices
evolving based on system
conditions and weather
e) Detailed validation
reports providing clear and
readily understood simulation
validation results for weather,
load, renewables, and market
prices.
B Load Simulate load based on
weather and input monthly
load forecast (MWh) and peak
load forecast (MW--optional)
Dynamic load shape based on
weather and behind the meter
solar.
C Renewable
Generation
Simulation
Simulate renewable generation
based on meteorology
Renewable production aligns
with load and market prices
because weather is common
driver
D Thermal Generation
Asset Modeling
For each simulation, model
details of thermal generation
inclusive including start-up,
shut-down, min run-times,
heat rate curves, multiple CC
configs
Ability to capture imperfect
foresight, model complex CC
configurations, and for balancing
authorities to calculate system
level ACE and CPS2 scores
E Pumped Storage
Generation
Model pumped storage cycles at
unit level inclusive of efficiency
curves
Optimize trade-off between
energy and ancillary services
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-2
while accounting for efficiency
curves
F Battery Evaluation Measure the value of batteries
between energy and ancillary
services across day-ahead and
real-time conditions
By co-optimization across day-
ahead and real-time conditions,
batteries carry additional value
and can also serve as a physical
hedge for renewable generation
G Energy Efficiency
Selection and
Expected
Return
Program selection based on
input costs and conservation
profiles
Ability to capture full value of
interruptible load programs and
weather driven conservation
programs. Also, Ascend's
modeling of risk captures the
risk reduction value associated
with conservation.
H Ancillary Service
Requirements as
Function of
Renewable
Generation
Determine ancillary service
requirements and flexible
generation requirements as a
function of renewable
generation attributes and
location for consistency with
RBC standards and ACE limits.
Ability to account for spatial
diversity in determination of
ancillary services as a function
renewables generation
I Optimal Capacity
Expansion Plan
Modeling with
Renewable
Integration
Least cost best fit resource
selection for ALL simulated
future states
Ensure the "best fit" by using a
broad set of simulated state to
select the best resource plan
instead of a single state 8760
under "normalized" conditions.
Today's markets require the
capturing of the vicissitudes of
weather on renewable
generation and system dynamics
and responses.
J Resource Adequacy Simulate loss of load probability
(LOLP) inclusive of uncertainty
of thermal generation outages,
load variability, and renewable
generation intermittency and
diversity effects.
Probabilistic loss of load
probability based on joint
simulations of renewables and
load related to weather.
K Flexible Resource
Adequacy
Flexible resource requirements
as a function of renewable
generation portfolio.
L Transportation
Electrification
Ascend will forecast EV charging
loads and their impact on
electric grid generation and
emissions under different
charging strategies.
Ascend's detailed optimization
models allow for determining
optimal charging strategies and
capturing the full benefits of
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-3
controlled charging on
electricity system operations
M Rate Payer Bill
Impact
Assess the expected costs and
risk premium reduction of a
power supply portfolio with low
exposure to fossil fuels.
By providing uncertainty and
monetizing this uncertainty,
decision makers can better
understand and incorporate risk
into portfolio management by
understanding the value to end
users.
N Ensure Local and
System Reliability
Ascend will incorporate results
of this modeling into the
resource plan report
O Enhance Distribution
and Demand Side
Energy
Management
Demand side management
programs will be evaluated for
their bulk system benefits with
additional utility specific
benefits included
P Bulk Transmission
System Resiliency
For utilities with bulk
transmission responsibilities, the
resource plan will model line
flows and losses with
consideration of changing
market fundamentals.
The simulation of line
availability provides a more
realistic picture of simulated
transmission flows
Q Sensitivity Analysis Perform sensitivity analysis
through shifts in forward curves,
load, or other variables
Need less sensitivities because
of simulations that
probabilistically envelope future
states
R Portfolio & Risk
Management
Provide industry best practice
portfolio and risk management
capabilities around Gross Margin
at Risk, Value at Risk, Potential
Future Exposure (PFE) and what-
if hedging analysis
Meaningful Uncertainty –
stochastics across the portfolio
management horizon that
maintain aspects of forward and
spot correlation driven by
weather, load, renewable, and
price relationships calibrated to
current liquid market forward
conditions
S RFO Administration
Support and
Evaluation
Provide hosting services and
support for procurement of
energy and capacity. This
includes support in drafting
solicitation documents (offer
form template and protocol) and
screening of offers for
compliance. Provide statistics on
Provide standardized and
customizable offer form
templates for the different
procurement needs. Leverage
extensive network with
developers to promote RFO and
set up a dedicated website.
Automatic bid collection and
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-4
received offers and prices.
Conduct economic and
qualitative assessments of
projects. Support offtaker
during negotiations with
additional modeling.
harvesting tools to sort received
submissions to facilitate
reviewing proposals. Quick
QAQC process to ensure
compliance of bids. Detailed
economic evaluation of selected
bids to assess revenues and
costs from energy, capacity,
ancillaries, as well as associated
basis risk as applicable. Support
with defining qualitative criteria
for scoring ESG benefits and
project risk.
Item Software-
Related Item
Offering Description Use
1 PowerSIMM
License
Ops
(Operations)
PowerSIMM Ops allows for the
ingestion of daily updates to rolling
14-day+ weather and load forecasts
for portfolio risk management in the
time horizon that expected weather
is more transparent and expected to
be non-normal. Runs can be
deterministic, discrete stress tests
or stochastic with variability driven
by measured weather forecast
error.
Short-term portfolio
risk management and
portfolio balancing
operations. Risk
valuation, positions,
and P&L projections
updated daily or ad
hoc to represent the
best estimates of
short-term portfolio
performance.
Portfolio
Manger
PowerSIMM Portfolio Manager is
designed to analyze and manage
risk in the “term” position from
approximately 1 month to 5 full
calendar years out. PowerSIMM
Portfolio Manager can facilitate
Customer to “lock-in” profits /
preserve margin in alignment with
performance metrics / budget
forecasts, maintain competitive
advantage through periods of
adverse market conditions, and
generate profits through dynamic
hedging and DER dispatch.
Simulation Engine
• Forecasted Monthly Forward
Prices for Energy
Portfolio Manager
analysis allows you to
value and evaluate
impact of new projects
for simulations horizon
of up to 5 full forward
calendar years into the
future.
PowerSIMM
functionality allows
you to assess hedge
transactions of various
types and their relative
risk reduction value to
the portfolio including:
• Swaps
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-5
Item Software-
Related Item
Offering Description Use
• Weather
• Load
• Spot Prices
• Renewables (Wind & Solar)
Simulation of wind and solar
production based on weather to
align volumetric uncertainty of
production with load and market
prices.
Portfolio Management
Output of PowerSIMM portfolio
variables for term analytics:
• Generation Modeling (thermal,
hydro, pumped hydro, renewables,
etc.)
• Fuel Modeling
• Cost of Supply
• Hourly marginal cost of supply
• Ancillary service modeling
• Transmission modeling, inclusive
of losses and fees.
PowerSIMM Portfolio Manager
provides insight into the impact of
both physical operations and
system costs.
Analytic Framework
• Dispatch optimization
• Validation reporting
• Job management system
• Shaped fixed-price
swaps
• Futures
• Call/Put options
• Daily call/put options
• CRRs Analysis
• Term portfolio
management (defined
as simulations horizon
from prompt month to
12 years)
• Model cost to serve
load with market
interactions and
transmission
constraints
• Integrated portfolio
modeling for physical
assets, power
purchase agreements,
loads, and contracts
Commodities Modeled
• Power
• Natural Gas
• Oil
• Coal
• Emissions (CO2, NOx,
SO2)
• RECs
• Ancillaries
• Other Asset Related
Components
Assets Modeled
• Thermal
• Renewables
• Hydro
• Batteries (hourly)
• Contracts
• Transmission
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-6
Item Software-
Related Item
Offering Description Use
Spot &
Forward/Forecast
Prices
• Markets for energy
and ancillaries
• Ascend will harvest
ISO and market prices
Budgeting &
Valuation
An extension of Portfolio Manager
to run studies for longer periods
(e.g. 10-year budgets and 20-year
asset valuations) beyond the
portfolio risk management horizon.
Extended budget
and/or longer run
asset valuation studies
from calendar year 6-
20 depending on use
case.
Ability to run
stochastics for budget
or valuation
uncertainty and pull
iteration detail or s-
stats for proper
statistical measure
over longer periods for
probability-based
decision analytics
around commercial
budget and asset
commercial valuation.
Planner (with
ARS)
Simulation Engine
• Forecasted Monthly Forward
Prices for Energy
• Weather
• Load
• Spot Prices
• Renewables (Wind & Solar)
Simulation of wind and solar
production based on weather to
align volumetric uncertainty of
production with load and market
prices.
Portfolio Planning
Analysis
• Long term resource
planning (defined as
simulations horizon of
up to 30 years)
• Ability to value and
evaluate impact of
new projects
• Model cost to serve
load with market
interactions and
transmission
constraints
• Integrated portfolio
modeling for physical
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-7
Item Software-
Related Item
Offering Description Use
Output of PowerSIMM portfolio
variables for long term analytics:
• Generation Modeling (thermal,
hydro, pumped hydro, renewables,
etc.)
• Fuel Modeling
• Cost of Supply
• Market Purchase & Sales
• Hourly marginal cost of supply
• Ancillary service modeling
• Transmission modeling, inclusive
of losses and fees.
PowerSIMM Planner will provide
insight into the impact on both
physical operations and system
costs.
Analytic Framework
• Dispatch optimization
• Validation reporting
• Job management system
assets, power
purchase agreements,
loads, and contracts
Commodities Modeled
• Power
• Natural Gas
• Oil
• Coal
• Emissions (CO2, NOx,
SO2)
• RECs
• Ancillaries
• Other Asset Related
Components
Assets Modeled
• Thermal
• Renewables
• Hydro
• Batteries (hourly)
• Contracts
• Transmission
Spot &
Forward/Forecast
Prices
• Markets for energy
and ancillaries
2 Reporting
Tools
PowerCube
Reporting
Portfolio Planning Output
• OLAP cube reporting to Excel
• OLAP cube export to the PowerBI
Dashboard
Complete relational data cube
which is seamlessly integrated into
Microsoft Excel and Microsoft
PowerBI.
Analysis
• Output reporting for
distribution of
standard reports,
generation of ad-hoc
reports, and drill down
to examine individual
portfolio components
to hourly level.
• Ascend can support
the development of
custom risk metric
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-8
Item Software-
Related Item
Offering Description Use
variables & custom
reporting.
• Access to simulation
data for counterparty
credit risk.
Standard
PowerBI
Reporting
Live Cube Reporting directly to
standard PowerBI reports for
default PowerSIMM output
Managerial Reporting
output for portfolio
reporting
3 Additional
Software
Features
Budget
Tracker
Ingestion of actual client portfolio
load and asset performance
supplemented by harvested ISO
price data and customer line-item
ISO expenses used for ‘shadow’
settlement and overwritten
backcast data with actuals for client
Ability to continuously
track YTD and MTD
performance married
with BalMo and
BalYear re-forecasts to
generate pro forma
projections to compare
to prior budget or
forecast benchmarks.
Cascade
Hydro
PowerSIMM Modules for complex
Cascade hydro systems, inclusive of
initial configurations, constraints
and client specific validations
Modeled cascade
hydro in addition to
standard hydro for
portfolio risk,
budgeting, valuation or
planning exercises
consistent with
selected PowerSIMM
use cases and study
horizons.
4 Software
Users
Number of
Power-Users
Power-Users have full access to
Licensee’s environment in
PowerSIMM, including access to
view and edit Licensee’s configured
models and reports
Reporting output
access, rights and
permissions for item
and portfolio
modification, along
with ability to run
studies at the
discretion of the client
administrative user.
Number of
Report-Users Report-Users only have access to
reports in Licensee’s PowerSIMM
environment
Read-only PSV UI
access, access to
PowerBI and
PowerCube
5 Additional
License
Specific
Offering as
Please see Section “6. Software
Support and Maintenance”, of the
Hours of support
available for use for
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-9
Item Software-
Related Item
Offering Description Use
Support
Hours
detailed in
Licensee’s
Term Sheet
SLA for the full definition and
explanation of “Additional License
Support Hours”
product support,
feature development,
training, analyst task
augmentation, SME
contribution or other
engagement with
Ascend
6 Market
Intelligence
Specific
Offering as
detailed in
Licensee’s
Term Sheet
Since the fundamentals of energy
supply are rapidly changing, Ascend
provides long-term forecasts of key
input prices based on our market
analysis and fundamental modeling.
Ascend Market Intelligence includes
30+ years of forecasts for:
• Monthly on-peak, off-peak power,
gas, and carbon prices
• Implied heat rates
• Power price volatility
• Power price shape changes (i.e.
duck curve)
• RT Price Volatility
On a bi-annual basis, Ascend
conducts market analysis of ISOs to
forecast the supply stacks for each
market over time. Ascend also
provides forecasts of price volatility
for hourly and sub-hourly prices as a
function of market fundamentals,
particularly the penetration of
renewables and battery storage on
the system.
Long-Run Equilibrium
Analysis
Use long-run
equilibrium analysis to
determine power price
levels that will support
the entry of a new
capacity entrant,
either a stand-alone
battery or RICE unit,
allowing for normal
returns. This allows
Licensee to fine tune
expectation of long-
run power prices to fit
the emerging energy
paradigm driven by
renewables as
baseload paired with
flexible capacity and
storage for integration.
Utilize long-term
forecasts of nodal
prices at major CAISO,
ERCOT and SPP trading
hubs. Incorporate into
long-term planning
and resource selection
processes.
7 Storage (TB) Specific
Offering as
detailed in
This is the initial amount of storage
allocated for use by Licensee.
Additional storage may be
Additional space for
data retention
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-10
Item Software-
Related Item
Offering Description Use
Licensee’s
Term Sheet
purchased in the future at the rate
established in Section “8. Additional
User and Hardware Fees” of the SLA
8 Additional
Activities
RFO
Administrati
on, Support
and
Evaluation
Should SCPPA or one of its
Participating Members choose this
option, the specific description and
scope of work will be subject to
scoping as detailed in the applicable
Task Order
Hosting services and
support for
procurement of energy
and capacity. Offer
form templates and
screening of potential
procurement
selections with
statistics on received
offers and prices.
Economic evaluation
of bids including
revenues and costs
from energy, capacity,
ancillaries, and basis
risk. Support with
defining qualitative
criteria for scoring ESG
benefit and project
risk.
Resource
Planning
Should SCPPA or one of its
Participating Members choose this
option, the specific description and
scope of work will be subject to
scoping as detailed in the applicable
Task Order.
Analyst and SME
support for task order
activity in support of
client Resource
Planning activities.
Custom
Power BI
Reporting
Should SCPPA or one of its
Participating Members choose this
option, the specific description and
scope of work will be subject to
scoping as detailed in the applicable
Task Order
Power BI Reports
customized for
Licensee by Ascend
Analytics and
incorporated into
PowerSIMM with live
data cube connection
based on Licensee’s
specifications (subject
to the limitations of
PowerBI)
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-11
Item Software-
Related Item
Offering Description Use
9 BatterySIMM
License
As detailed
in applicable
Task Order
BatterySIMM is a comprehensive
data and analytics platform for
storage and hybrid project valuation
and site optimization. Utilizing
Ascend's 20+ year nodal sub-hourly
price forecasts, BatterySIMM
software determines the value of
storage at specific locations by
performing complete dispatch
simulations. Market selection
decisions (DA/RT Energy and
Ancillaries), round-trip efficiencies,
charging/discharging constraints,
cycling limits, and expected
degradation and augmentation
schedules are all customizable
parameters within each dispatch
simulation. BatterySIMM dispatch
simulations respect the physical
limitations of each project, while
adhering to ISO market rules and
conditions. BatterySIMM mapping
enables clients to survey and screen
locations across the country for
their nodal price characteristics and
expected project revenues to
optimally determine siting strategy.
10 Smart Bidder
Subscription
As detailed
in applicable
Task Order
The SmartBidder™ platform
provides automated ISO bids and
Scheduling Services to optimize
storage, renewables, hybrids, and
load. SmartBidder enables highly
customized bid strategies based on
market fundamentals and risk
preferences using hybrid machine
learning models. The platform
continuously re-optimizes based on
changing fundamental market
conditions. SmartBidder has proven
performance across markets with
over 6 GW of operating resources.
Building on Ascend's proven track
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-12
Item Software-
Related Item
Offering Description Use
record in portfolio management,
SmartBidder maximizes each
project's value while minimizing
risk. Using market fundamentals to
forecast system conditions and
pricing, SmartBidder applies an
ensemble machine learning
approach to feed into our
reinforced learning bid optimization
model. SmartBidder's adaptive and
risk-adjusted recommendations,
combined with in-depth data and
performance reporting, enabling
users to define and track multiple
strategies based on risk and
strategic objectives.
11 Ascend
Energy
Exchange
As detailed
in applicable
Task Order
AEX is an auction platform for
developers and asset owners to buy
and sell renewable energy and
battery projects. AEX consolidates
the transaction process through
providing independent market
valuations and assessments of
projects status and attributes.
AEX allows sellers to reach a larger
audience of prospective buyers at a
fraction of the cost relative to
conventional sale processes and
enables buyers to more seamlessly
transact without undertaking
extensive and costly due diligence.
AEX uses technology, its extensive
customer base, and expertise of
power markets to create a
streamlined process with lower cost
of transaction.
Services not expressly set forth in this Exhibit A are excluded. Notwithstanding any contrary provision herein, Consultant shall have no obligation to perform any Services absent a fully executed Task Order and receipt of a purchase order under this Agreement therefor specifying the particular Services included thereby (and excluding all other Services) DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 80 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC A-13
for the Participation Members and absent the participating Member’s and Consultant’s respective authorized and delivered signature to both the applicable Task Order and License Agreement (in form attached hereto as an exhibit).
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-1
EXHIBIT B
COMPENSATION SCHEDULE AND HOURLY FEES
In no event shall SCPPA’s payment obligations to Consultant for all Services performed or for any other reason exceed five million dollars ($5,000,000.00) (the “Not to Exceed Amount”).
Consultant shall provide notice to SCPPA prior to reaching the Not to Exceed Amount. Any services provided by Consultant in excess of this authorization, and without prior execution of an amendment hereto by the Parties, shall be at Consultant’s sole risk and without payment. For avoidance of doubt SCPPA and Participating Member shall not be liable for any unauthorized excess billings whatsoever.
Services may be priced on a Time and Materials or a lump sum basis as specified in the Task Order. Should Services for an individual Task order be priced on a lump sum basis, the pricing shall be calculated using the below hourly Time & Materials Rates (hereinafter, “T&M Rates”).
Should pricing for an individual Task Order be subject to hourly T&M Rates, the same below rates shall also apply:
Analysts Leadership 2023 Rate
($/hr)
Energy Analyst $225
Senior Energy Analyst Manager $275
Lead Energy Analyst Senior Manager $325
Director $350
Managing Director $400
Vice President $500
CEO $650
Effective on each anniversary of the Effective Date (the “Anniversary Date”), T&M Rates shall be subject to an annual increase equal to the lesser of (1) percentage increase in the Consumer Price Index (CPI) for all urban consumers (CPI-U) as published 90 days prior to the Anniversary Date for the preceding 12 month period by the U.S. Department of Labor, Bureau of Labor Statistics or (2) five (5) percent. In the event the CPI reflects a negative adjustment, the annual contract rate will remain flat.
Prices for software and software licenses shall be based on the prices provided in the License Agreement and detailed in the applicable Task Order. Pricing for software licenses is subject to scoping of license needs for each SCPPA member. The final license pricing will be spelled out clearly in the applicable Task Order and based on the fees provided in the License Agreement.
All travel (other than travel expressly approved or budgeted in a Task Order) must be preapproved in writing by SCPPA or the applicable Participating Member. As a public agency, SCPPA shall not reimburse Consultant for travel, food and related costs in excess of those permitted by the Internal Revenue Service.
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-2
EXHIBIT C
EXEMPLARY TASK ORDER FORM
TASK ORDER No.: […input number, sequential to prior Task Orders, if applicable…]
Date: [ ]
Project Description: [ ]
Participating Member (if applicable): [ ]
Consultant: [ ]
Consultant, SCPPA and the Participating Member (s) (“Participant(s)”) identified above agree that Consultant shall provide the Services specified herein pursuant to the terms and conditions of the Master Goods and Services Agreement (“Agreement”) between SCPPA and Consultant dated September 1, 2023, except as specifically modified herein.
Scope of Services
[General Description Of Services]
Term
[This Task Order shall Terminate on [date]]
Compensation
[Specify Fees and Schedule – must include a Not to Exceed Amount for services under the Task Order (the “Not to Exceed Amount”)]
Consultant shall provide notice to SCPPA and Participating Member prior to and upon reaching the Not to Exceed Amount. Any services provided by Consultant in excess of this authorization, and without prior execution of an amendment hereto by the Parties, shall be at Consultant’s sole risk and without payment.
For avoidance of doubt SCPPA and Participating Member shall not be liable for any unauthorized excess billings whatsoever.
Representative(s) of Participating Member(s)
[Identify Names and appropriate Contact information for all Member staff who are authorized representatives for the administration of the Agreement and who should be sent invoices from Consultant]
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-3
[SIGNATURE PAGE FOLLOWS]
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-4
IN WITNESS WHEREOF, the parties have signed this Task Order as of the date first written above.
SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By:
MICHAEL S. WEBSTER
Executive Director
Approved as to Legal Form:
[NAME]
[Title]
ASCEND ANALYTICS, LLC
By:
[ … PRINTED NAME IN CAPS …]
[Title]
Participating Member’s Acknowledgement and Agreement
The undersigned hereby attests that the undersigned has the requisite authority to bind the Participant to the obligations set forth in this Task Order. Participant agrees to be responsible for any and all fees, costs and expenses invoiced to SCPPA by Consultant for work performed on behalf of, or for the benefit of, Participant pursuant to the Agreement and the License Agreement between Participating Member and Consultant (the “License Agreement”).
Participant agrees to indemnify, defend and hold harmless SCPPA, all other Members and their respective directors, officers, agents, representatives, employees, successors and assigns from and against any and all losses, injuries, costs and expenses, damages, liens, c laims, or liabilities, including reasonable attorney’s fees, incurred by SCPPA in connection with the Services performed for the benefit of, or on behalf of, Participant pursuant to this Task Order or the License Agreement , except for the gross negligence or willful misconduct of SCPPA or such other SCPPA members, and their officers, agents, representatives or employees.
NAME OF PARTICIPATING MEMBER (required)
By:
[ … PRINTED NAME IN CAPS …]
[General Manager / Utility Director]
Check here if Participating Member has indicated acknowledgement and agreement to pay for Services procured under this Task Order by letter from Participating Member’s General Manager addressed to SCPPA.
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-5
Exhibit D
Software License, Maintenance, and SUPPORT Agreement
This Software License, Maintenance, and Support Agreement ("SLA") is made and effective [DATE] (“Effective Date”) by and between Ascend Analytics LLC ("Licensor” or “Ascend") and [CLIENT] ("Licensee") (each individually a “Party” or collectively the “Parties”).
Licensor has developed and licenses to users its software programs marketed under the name [ PowerSIMM /Market Intelligence]. These software tools, license modules, and authorized uses are further described in Appendix A. These software tools are henceforth referred to as the "Software".
Licensee and Licensor desire to license the Software from Licensor to Licensee.
NOW, THEREFORE, in consideration of the mutual promises set fort h herein, Licensor and Licensee agree as follows:
1. License and Use Restrictions
Licensor hereby grants Licensee a non-exclusive limited license of the Software (hereinafter, “License”). The License includes a set number of dedicated users as detailed in Appendix A, however Licensee shall have no limit on the number of computers on which Licensee can access the Software. PowerSIMM is a SaaS -based platform and is accessed via a cloud server. The License herein also includes all necessary processing capac ity and Terabytes of storage space for the purpose of hosting Licensee’s Software environment and necessary data as detailed in Appendix A. Licensee shall not copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Softwar e or documentation or any right in the Software to anyone else, including any person or entity that acquires any ownership or financial interest in Licensee except as specifically provided herein, without the prior written consent of Licensor.
2. Intellectual Property and Confidentiality
The parties acknowledge that certain information and materials exchanged during the term of this SLA contain proprietary and confidential information (“Confidential Information”) of the disclosing Party.
Confidential Information shall specifically exclude any information which the receiving Party can show (a) was known to or was independently developed by the receiving Party without access to or use of the Confidential Information of the disclosing Party, (b) was disclos ed to the receiving Party in good faith by a third party (not an Agent of any Party hereto) who had the right to make such disclosure, (c) was made public by the disclosing Party, or was established to be part of the public domain other than as a consequen ce of a breach of the SLA by the receiving Party, (d) is independently developed by the receiving Party without use of the disclosing Party’s Confidential Information as shown by documents and other competent evidence in the receiving Party's possession, or (e) is required to be disclosed by law, though in such an event the disclosing Party may seek a protective order or other appropriate relief. Upon termination of this SLA, the receiving Party shall return to the disclosing Party all requested Confidential Information of the disclosing Party, including all copies thereof, in the possession or under the control of the receiving Party, or at the disclosing Party’s option, destroy or purge all such Confidential Information from its systems and files and deliv er to the disclosing Party a written confirmation that such destruction has been carried out.
Licensee acknowledges and agrees that the Software and documentation associated therewith consists of proprietary, unpublished products of Licensor, protected under U.S. copyright law and trade secret laws of general applicability. Licensee further acknowledges and agrees that all rights, title and interest (including all intellectual property rights) in and to th e source code and software documentation shall re main with Licensor. Licensee agrees that such proprietary rights are retained by and valuable to Licensor and that Licensee shall continuously control the use and disclosure of the Software and related documentation and shall keep the Software and related documentation, training materials, and documentation of DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 86 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-6
model techniques confidential. Licensor acknowledges that any application built or delivered to Licensor for integration into the Software, to the extent not previously owned by Licensor, remains pr operty of the Licensee. Similarly, Licensor acknowledges that Licensee may integrate existing applications, and develop and/or customize extensions to the Software which may contain intellectual property of Licensee and not Licensor and such items will rem ain property of Licensee.
Furthermore, Licensor acknowledges that as a result of Licensor’s retention by Licensee, Licensor will become informed of, and have access to information deemed to be confidential by Licensee. It is hereby agreed that all informat ion provided to Ascend whether orally or in writing in relation to (i) Licensee and its business, (ii) specific projects or entities owned (in whole or in part) by Licensee, and (iii) the business plans and activities of Licensee and its affiliates shall b e "Confidential Information". Notwithstanding the above, information shall not be considered confidential under this SLA if (a) it is or becomes publicly available through no act or omission of Ascend or its employees or agents, or (b) was already known to Ascend at the time of disclosure, or (c) is required to be disclosed by a court or regulatory agency acting within its author ity; provided, however, that Ascend shall first inform Licensee of the disclosure requirement to allow Licensee to challenge the disclosure requirement should Licensee wish to do so.
3. Ownership of Deliverables and Data
Licensee shall have rights to use the Software and related output, but will not have rights to resell or redistribute the delivered analytical work products. Licens ee agrees that all rights, title, and interest in and to all models, tools, systems, or processes used or developed by Ascend in the course of providing Services pursuant to this SLA, including, but not limited to, patent rights, trade secrets, mask works, software code, and copyrights, shall remain exclusively with Ascend without further consideration; provided that Licensee may retain and use a copy of any outputs, reports, and analyses for its sole use.
All data is stored in a secure cloud Server in North America. If Licensee decides to terminate the relationship with Licensor, Licensee has 60 days to download and secure the data and after 60 days all Licensee data will be permanently deleted unless alternative arrangements have been made in writing to Licensor.
4. Disclosure
Ascend shall hold and maintain Licensee’s Confidential Information in strictest confidence and in trust and shall use such Confidential Information only for the specific purpose for which it was disclosed or delivered to Ascend. Ascend shall not disclose such Confidential Information to any person or entity (except as permitted under this SLA). Ascend shall, at Ascend's sole cost and expense, take all necessary actions and precautions to protect the confidentiality of such Confide ntial Information and any documents or other materials containing any Confidential Information, and shall immediately notify Licensee in writing upon its discovery of any such unauthorized use or disclosure of such Confidential Information. Ascend shall re strict access to Confidential Information only to employees of Ascend who need such access and who have been instructed to comply with the terms of this Agreement.
5. Term
The initial term of the License shall begin on the Effective Date and shall end [XXX months, or, insert License end date] after the Effective Date (“Initial term”). At the end of the Initial Term, the License will automatically renew for successive additional twelve-month period(s) (each such twelve-month period, a “License Year”) by payment in full to Licensor of the subsequent Annual License Fee (as defined in Section 7) on or before the last day of the Initial Term and subsequently, on or before the last day of the License Year, unless notice of termination is received 30 days prio r to License expiration. Failure to pay the Annual License Fee, as defined in Section 7, when due shall result in automatic termination of the License including all righ ts of Licensee to use the Software and other deliverables and services thereunder, eff ective as of the first date of the License Year for which the Annual License Fee was not paid. Notwithstanding the foregoing, if Licensee continues to use the software or other deliverables at any time without having paid the applicable Annual License Fee when due, then Licensee shall remain obligated to pay Licensor the full Annual License Fee for that entire license year, together with late charges and interest a s set forth below, and this obligation shall survive termination of the SLA.
So long as Licensee has paid each Annual License Fee in full when due, Licensee is entitled to version updates during the year covered by the Annual Fee. Licensor will support the Software functionality described in this SLA . Licensor will also support features and fun ctionality developed by Licensee to the extent that features that are mutually agreeable for inclusion into Software base code and future updates will automatically incorporate these features. Notwithstanding any contrary provision herein, for feature enh ancements that are to remain exclusive for Licensee, the labor, if required, to support the DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 87 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-7
integration of these features with future updates will fall under the Software Support and Maintenance provisions below in (Section 6) and may be subject to then-current Time & Materials rates provided in Exhibit B of the Agreement.
6. Software Support and Maintenance
Licensor shall provide ongoing Software support, including standard version updates, bug fixes, patches, service packs, and other modules that maint ain the functionality of the Software for the duration of the paid License Year. Licensor agrees to furnish the necessary support, subject to the other provisions of this Section, to maintain operations of future modification s to the base code. Collectively, these support services will hereinafter be referred to as “Standard Software Support”.
Licensor shall provide 50 Standard Software Support hours per License Year and shall be available to provide the Standard Software Support Monday through Friday from 8:30 a.m. to 5:00 p.m. Mountain Standard Time. Standard Software Support hours from the Annual License Fee are not bankable to future years. Standard Software Support hours exclude time spent by Licensor to address software defects or bugs. Customized code developed by or for Licensee will be supported by Licensor through the use of Licensee’s Standard Support Hours unless either the customized code is included in Software base code or otherwise expressly agreed to by Licensor. Licensee may also use S tandard Support Hours for training, consulting, or other support related to the Software.
After Licensee has used its 50 Standard Support Hours within a License Year, Licensee may procure additional hours of Ascend staff time for License Support (“Additional License Support Hours”). Licensee may purchase these Additional License Support Hours based on the Time & Materials rates included in Exhibit B of the Agreement. Additional License Support Hours are bankable for future years and will roll over into a subsequent License Year if they are purchased in advance but not used within the License Year in which they were purchased.
Licensee shall authorize Licensor to designate Licensor employees and/or contractors to be given direct access to Licensee deployment environments (including development, testing, and production environments) to provide Software and License support. Licensee understands that these designated personnel have access to Licensee data and will use this access to support the Licensee. Upon request, the Licensee can ask the Licensor for a list of active designated personnel with access to the Licensee’s environments.
7. License Fees
The total fee due for the first License Year of the Initial Term shall be as detailed in Appendix A and includes a one-time setup fee plus the Annual License Fee for the first License Year of the Initial Term. The Annual License Fee includes the fee for Software use, maintenance, hosting and Standard Software Support for the first 12 months of the License. Effective on each anniversary of the Effective Date (the “Anniversary Date”), Annual License Fees shall be subject to an increase equal to the lesser of (1) percentage increase in the Consumer Price Index (CPI) for all urban consumers (CPI-U) as published 90 days prior to the Anniversary Date for the preceding 12 month period by the U.S. Department of Labor, Bureau of Labor Statistics or (2) five (5) percent. In the event the CPI reflects a negative adjustment, the annual contract rate will remain flat.
8. Additional User and Hardware Fees
Prior to any use of the deployed Software after Setup, Licensee shall designate a dedicated number of power access users and report-tool users of the Software as detailed in Appendix A, by written advance notice to Ascend of the names of these users (“Pre -designated Users”). Should Licensee wish to designate additional users (“Additional Users” and, collectively with the Pre-designated Users, “Designated Users”), Licensee may do so by both: (a) providing written notice of the names and contact information of each Additional User to Ascend and (b) paying additional fees in advance of each Additional User’s use of the Software unde r the License as detailed in the below table (“User Fees”). In addition, should Licensee wish to increase the processing capacity and/or terabytes of storage for their hosted environment, Licensee may do so by both: (a) providing written notice to Ascend of the desired increase in processing capacity and/or storage space and (b) paying additional fees as detailed in the table below:
Additional Users and Hardware:
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-8
Quantity 1 to 5 6 to 10 11+
Power Users $1,500 $1,400 $1,300
Report Users $1,000 $950 $900
Storage TB $1,000 Per TB regardless of quantity
Processing Capacity Increase $16,500 Estimate Per Increase, Subject to Scoping
9. License Augmentation
If Licensee develops or acquires additional load/assets in their ISO, enters a new RTO/ISO, manages assets/load in a regulated market, or is acquired by acquisition of over 50% of its stock or assets and made part of a larger combined company portfolio (as shown on consolidated financial statements), then Licensee may apply Software to other additional assets/loads or affiliates or divisions owned over 50% by the same owner; Ascend reserves the right to renegotiate the terms of this agreement.
10. Payment of Fees
The total fee for the first License Year of the Initial Term shall be invoiced by Licensor upon full execution of this SLA an d is payable as provided in Section 5 of the Agreement.
Payment for subsequent Annual License Fees shall be due in full on or before the License Expiration date. All other fees including but not limited to Additional License Support Hour fees, Additional User fees, and fees for additional processing capacity and/or TB of storage shall be invoiced as soon as the additional item is requested and shall be due within 30 days following invoice issuance by Licensor. In the event any overdue amount owed by Licensee is not timely paid to Licensor, then in addition to s aid fees and any other amount due, Licensor may impose and Licensee shall pay a late payment charge at the rate of one and a half percent (1.5%) per month on any overdue amount.
11. Warranty of Title
Licensor hereby represents and warrants to Licensee that Licensor is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this SLA. In addition to any other remedy that Licensee may be entitled to under applicable law, in the event of breach of the fore going representation and warranty, Licensor shall: i) procure, at Licensor's expense, the right to use the Software, or ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not c ause any breach, or iii) refund to Licensee the full amount of the last Annual License Fee paid by Licensee to Licensor.
12. Limitation on Liability
Except with respect to any breach of this SLA by the Licensee which causes the material loss of Licensor’ s rights in the Software and associated intellectual property or the value thereof, (a) any liability of Licensee and its agents, representatives, officers, employees, contractors, successors and assigns for damages or alleged damages whether arising from breach of this SLA, breach of warranty, tort, or otherwise with respect to the Software and documentation or other products or services provided hereunder, is limited to and will not exceed the aggregate Annual License Fees plus any other amounts then accrued and either paid or due and payable as of the time the claim first arises; (b) any liability of Licensor and its agents, representatives, officers, employees, contractors, successors and assigns for damages or alleged damages whether arising from breach of this SLA, breach of warranty, tort, or otherwise with respect to the Software and documentation or other products or services provided hereunder, is limited to and will not exceed the aggregate Annual License Fees plus any other amounts actually paid by Licensee to Licensor and received by Licensor under this SLA at the time the claim first arises; and (c) neither Party, its affiliates, parent or third party licensors, or their respective agents, representatives, officers, employees, successors and assi gns will be liable to the other under any provision of this SLA for indirect, incidental, special, or consequential damages, including, but not limited to, lost profits or lost savings, even if such Party has been advised as to the possibility of such damages. This Section shall survive termination of this SLA.
Each Party shall give prompt notice to any such claim to the other, without which no indemnity obligation shall accrue. In the event of any third party claim with respect to rights, ownership, and confidentiality of any part of the Software, Licensor shall have the right to control and direct the investigation, defense, and settlement of each such claim. Licensee shall DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 89 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-9
reasonably assist Licensor in connection with the foregoing; reasonable out -of-pocket expenses incurred by Licensee in providing such assistance shall be reimbursed by Licensor.
13. Warranty
Licensor warrants that the Software will materially conform to the Software documentation. Licensor further warrants that the Software will also materially conform to any agreed functional requirements developed before and during the Software’s set-up pursuant to a fully executed and delivered change order signed by both parties or under subsequent engagements between both parties (“Customizati on”) and that any such requirements are deemed a part of this SLA. Licensor will use Standard Support Hours for Licensee specified customizations and additions and Licensee recognizes that support to address deficiencies with software Customization for Li censee or Licensor modifications beyond the base code of Software are not considered Software faults and automatically fall under the provisions of Section 6 Software Support and Maintenance of this SLA. This provision survives termination of the SLA.
14. Taxes
In addition to all other amounts due hereunder, Licensee shall also pay to Licensor, or reimburse Licensor as appropriate, al l amounts due for sales, use, excise taxes on the Software or other taxes which are measured directly by payments made by Licensee to Licensor. In no event shall Licensor be obligated to pay any tax paid on the income of Licensee or pay for Licensor's privilege of doing business at Licensee’s location or otherwise.
15. Intellectual Property Indemnification
During the term of the License, Ascend shall release, defend, indemnify, and hold harmless Licensee from and against any and all causes of action, claims, damages, liabilities, judgments, settlements, losses, costs, or expenses of any kind, including reasonable attorneys’ fe es, arising out of or related to Ascend’s infringement upon or misuse of the intellectual property rights of any third party. In addition, if the use of the Services infringes or is enjoined, or Ascend believes it is likely to infringe or be enjoined, Ascend may, at its sole option: (a) procure for Licensee the right to continue use of the Services as furnished; or (b) modify the Services to make them non - infringing, provided that they still substantially conform to their original intended use. The intellectual property indemnity provided herein does not apply to the extent (where, but for the following, there would be no infringement) (a) the alleged infringement arises from Licensee’s use of the Software and services not in accordance with this SLA or (b) any unauthorized modification of the Software. Furthermore, no such indemnification shall be provided by Licensee to Licensor for fraudulent or illegal acts or acts of willful misconduct of Licensor in connection wi th activities or Services provided pursuant to this SLA.
This section states Ascend’s sole and exclusive liability and Licensee’s sole remedies for any threatened or actual infringement of proprietary rights.
16. Limitation of Liability
Licensee relies on this Software and results solely at Licensee’s own risk. Licensee is advised to verify Licensee’s answers before basing decisions on outputs from the Software. Licensor is not responsible for problems caused by changes made in the operating characteristics of computer hardware or operating systems, or the interaction of this Software with other software. The provisions of this Section survive termination of the SLA.
17. Notice
Notices or inquiries regarding this SLA must be given in writing to the individuals listed below and sent with si gnature required upon receipt via hand delivery, prepaid certified US Mail, a nationally recognized overnight courier service, or by email. Hand delivered notices will be deemed received upon delivery. Notices sent via an overnight delivery shall be deemed received when the party receiving notice signs or refuses to sign for the document. Notices delivered via email shall be deemed received when sent during the recipient’s normal business hours or on the first business day after being sent if sent by email other than during the recipient’s normal business hours.
If to Licensor:
Gary Dorris
President
Ascend Analytics, LLC
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-10
1877 Broadway Street, Suite 706
Boulder, CO 80302
Email: [email protected]
If to Licensee:
Xxxxxx
xxxxx
18. Governing Law
This SLA shall be construed and enforced in accordance with the laws of Boulder County in the State of Colorado without regard for choice of law principles.
19. Insurance and Taxes
Both parties are responsible for maintaining their own insurance coverage, including, but not limited to health and medical, automobile, homeowners/renters (if any), and comprehensive insurance, which may be required by law in the juris dictions where Ascend does business or performs services to this SLA.
1.1. Terms and Provisions of Policies. All policies of insurance that this Agreement requires Ascend to maintain shall:
1.1.1. provide that, without thirty (30) days’ prior written notice sent to Licensee, they may not be canceled, or non-renewed;
1.1.2. with the exception of worker’s compensation/employer liability insurance and any professional liability insurance/errors and omissions insurance that may be required, be primary to and not excess to or on a contributing basis with any insurance or self -insurance maintained by any additional insured(s);
1.1.3. with the exception of worker’s compensation/employer liability insurance and any profes sional liability insurance/errors and omissions insurance that may be required, be endorsed to name the following as additional insureds: Licensee and its subsidiaries and affiliates; the directors, officers, employees, and agents of Licensee and its subsidiaries and affiliates; and the successors and assigns of all of the foregoing (the “Additional Insureds”);
1.1.4. as to policies required by this Agreement to name additional insureds, provide for severability of interests or cross liability as to all insureds (whether named or otherwise); and
1.1.5. be written on an occurrence basis (except that any professional liability insurance that may be required may be written on a claims -made basis) and issued by insurance carriers reasonably acceptable to Licensee.
1.2. Specific Coverages. Ascend shall maintain the following insurance policies:
1.2.1. Commercial General Liability, on an occurrence basis, with a combined single limit of One Million Dollars ($1,000,000) per occurrence and an annual aggregate limit of Two Million Dollars ($2,000,000). Such policy shall contain a waiver of subrogation endo rsement in favor of the Additional Insureds;
1.2.2. Comprehensive Automobile Liability, with a combined single limit of One Million Dollars ($1,000,000). Such policy shall contain a waiver of subrogation endorsement in favor of the Additional Insureds;
1.2.3. Workers’ Compensation, in statutorily required amount(s), and employer’s liability insurance of not less than One Million Dollars ($1,000,000) for each instance; provided, that if Ascend is not DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 91 of 224
SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-11
required by law to, and does not, carry Workers’ Compensation Insurance, Ascend shall execute and deliver to Licensee a Worker’s Compensation Insurance waiver provided by Licensee. Such policies shall contain a waiver of subrogation; and
1.2.4. Umbrella Excess Liability, of not less than Two Million Dollars ($2,000,000). Such cover age shall be on a per “occurrence” basis and shall contain a waiver of subrogation endorsement in favor of the Additional Insureds.
1.3. Insurance Coverage; Miscellaneous . Notwithstanding anything to the contrary in this Agreement, the liabilities of Ascend under this Agreement shall not be terminated, reduced, or otherwise limited by any expiration or termination of insurance coverages.
1.4. Subrogation Waiver. Except as otherwise provided in this Article IV, Licensee and Ascend waive all subrogation rights against (1) each other, and (2) any of the other’s subsidiaries, affiliates, subcontractors (of any tier), agents, and employees for damages caused by fire or other causes of loss to the extent covered by property insurance applicable to the Services.
20. Taxes and Levies. As independent entities, both parties are responsible for their own local, state, federal or other taxes or levies that may be due on the fees paid under this SLA, including Social Security, value added (VAT) and payroll taxes. Such taxes will not be reimbursed by Licensee, nor does Licensee accept any responsibility with respect to non -payment of any such taxes which may be due. 20. Security, Safety and Health Regulations Ascend Analytics agrees to comply with all applicable institutional, local, state and national health and safety regulations when performing any work or services hereunder.
21. Conflicts of Interest
Licensor warrants that there is no conflict of interest or potential conflict of interest between Licensor’s other agreements, if any, and the activities to be performed hereunder, and Licensor shall notify Licensee if a conflict of interest arises.
22. No Assignment
Neither this SLA nor any interest in this SLA may be assigned by Licensee without the prior express written approval of Licensor; provided, however, that this SLA will survive any merger or other acquisition of all of Licensee’s stock or assets.
Should Licensor merge or be acquired by a third -party, the duties of Licensor shall be delegated to the entity resulting from such merger or acquisition. Under no circumstances, whether upon one or more renewals, or change of ownership of Licensor or Licensee, or whether through merger, acquisition, name change, by operation of law or otherwise of Licensor or Licensee, or assign ability or sublicense by Licensee, may Licensor or any of its successors -in-interest impose any new terms and conditions, or change to the pricing terms, including but not limited to with respect to any maintenance agreement or other collateral agreements by and between Licensor and Licensee, whether through written documentation and/or reference to Licensor’s terms and cond itions on-line and/or through Licensor’s website, unless the prior consent of Licensee is obtained or is otherwise expressly provided in any prior contracts between the predecessors -in-interest of Licensee and Licensor.
23. Force Majeure
Neither party sha ll be liable to the other for failure or delay in the performance of any of its obligations under this SLA for the time and to the extent such failure or delay is caused by force majeure such as, but not limited to, riots, civil commotions, wars, freigh t embargo, lock -outs, hostilities between nations, governmental laws, orders or regulations, actions by the government or any agency thereof, storms, fires, sabotages, explosions or any other contingencies beyond the reasonable control of the respective Pa rty and of its sub -contractors (“Force Majeure”). If such Force Majeure events affect a Party’s ability to perform an obligation under this SLA, the affected Party shall immediately inform the other Party of such circumstances together with documents of pr oof, no later than ten (10) business days after having knowledge of the Force Majeure. A Party will be deemed to have invoked Force Majeure from the date when that Party gives written notice of the event of Force Majeure in accordance with this clause. Th e affected Party shall provide to the other Party reports with respect to the Force Majeure at such intervals as the other Party may reasonably request while the Force Majeure continues and the performance of obligations hereunder shall be suspended during , but not longer than, the period of existence of such cause and the period reasonably required to perform the obligations in such cases. The affected Party shall take commercially reasonable steps to mitigate damages, including sourcing products and servi ces from alternative suppliers or DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 92 of 224
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using alternative methods, arising out of the Force Majeure event. The Parties shall have the right to terminate this SLA with written notice should the Force Majeure event last more than 6 months.
24. Final Agreement
This SLA terminates and supersedes all prior understandings or agreements on the subject matter hereof. This SLA may be modified only by a further writing that is duly executed by both parties.
25. Severability
If any term of this SLA is held by a court of competent jurisdiction to be invalid or unenforceable, then this SLA, including all the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
26. Headings
Headings used in this SLA are provided for convenience only and shall not be used to construe meaning or intent.
27. Non-Solicitation
During the term of this SLA and for a period of one (1) year following termination thereof, each Party agrees not to hire, solicit to hire, offer to hire, or in any way employ, engage the services of or otherwise compensate any person, who in the preceding six (6) month period, was employed by the other Party, in the absence of the express written consent of the other Party, unless such solicitation was made generally and not directed at any specific candidate.
28. Hosting of Software and Data
The hosting environment and computing resources are described in Appendix D of this SLA.
The hosting terms are described in Appendix E of this SLA.
29. Authority to enter into this Contract
The undersigned Party representative, by their signature below, represen ts and warrants that they are duly authorized to execute this legally binding SLA for and on behalf of Licensee.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Software License SLA to be effective on the day and year first above written.
[Client] (Licensee) Ascend Analytics, LLC (Licensor)
___________________________________ ______________________________ Signature Signature
__________________________________ ______________________________ Printed Name & Title Printed Name & Title
___________________________________ ______________________________ Date Date
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-13
APPENDIX A
TERM SHEET AND DESCRIPTION FOR SOFTWARE LICENSE
The below Term Sheet outlines the specific Software and service offerings granted to Licensee. The Total fee Due in the below table represents the total fee due for the Initial Term, which is [Insert start date and end date of Initial Term] and is further described in Section 7 of the SLA:
Item # Item Offering Fee Select Item
1 SmartBidder License Bid Optimization $4-20k/month, priced on size and complexity
2 PowerSIMM License Ops (Operations) $150-300k
Portfolio Manger $60-185k
Budgeting & Valuation $60-185k
Planner (with ARS) $100-250k
3 Reporting Tools PowerCube Reporting Included in PowerSIMM License Fee
Standard PowerBI
Reporting
Included in PowerSIMM
License Fee
4 Additional Software Features Budget Tracker
$100k
Cascade Hydro $100k
5 Software Users Number of Power-Users Please refer to Section 8 for pricing
Number of Report-Users Please refer to Section 8 for
pricing
6 Additional License Support
Hours
[Include # of additional
hours they are procuring
ahead of time]
T&M
7 Market Intelligence [List ISOs they will have MI
for]
$20-70k
8 Storage (TB) XX TB of Storage Please refer to Section 8 for pricing
Annual License Fee Inclusive of Items 1
through 7 $
9 Additional Activities RFO Evaluation T&M
Resource Planning T&M
Custom Power BI
Reporting T&M
10 One-Time Set Up Fee Ops (Operations) T&M
Portfolio Manger T&M
Budgeting & Valuation T&M
Planner (with ARS) T&M
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TOTAL FEE DUE
Inclusive of Annual
License Fee plus items 8
and 9
$
The below table includes descriptions for items 1 through 8:
# Item Offering Description Use
1 PowerSIMM
License
Ops (Operations) PowerSIMM Ops allows for the
ingestion of daily updates to rolling
14-day+ weather and load forecasts
for portfolio risk management in
the time horizon that expected
weather is more transparent and
expected to be non-normal. Runs
can be deterministic, discrete stress
tests or stochastic with variability
driven by measured weather
forecast error.
Short-term portfolio risk management
and portfolio balancing operations.
Risk valuation, positions, and P&L
projections updated daily or ad hoc to
represent the best estimates of short-
term portfolio performance.
Portfolio Manger PowerSIMM Portfolio Manager is
designed to analyze and manage
risk in the “term” position from
approximately 1 month to 5 full
calendar years out. PowerSIMM
Portfolio Manager can facilitate
Customer to “lock-in” profits /
preserve margin in alignment with
performance metrics / budget
forecasts, maintain competitive
advantage through periods of
adverse market conditions, and
generate profits through dynamic
hedging and DER dispatch.
Simulation Engine
• Forecasted Monthly Forward
Prices for Energy
• Weather
• Load
• Spot Prices
• Renewables (Wind & Solar)
Simulation of wind and solar
production based on weather to
align volumetric uncertainty of
production with load and market
prices.
Portfolio Management
Output of PowerSIMM portfolio
variables for term analytics:
Portfolio Manager analysis allows you
to value and evaluate impact of new
projects for simulations horizon of up
to 5 full forward calendar years into
the future.
PowerSIMM functionality allows you
to assess hedge transactions of various
types and their relative risk reduction
value to the portfolio including:
• Swaps
• Shaped fixed-price swaps
• Futures
• Call/Put options
• Daily call/put options
• CRRs Analysis
• Term portfolio management
(defined as simulations horizon from
prompt month to 12 years)
• Model cost to serve load with
market interactions and transmission
constraints
• Integrated portfolio modeling for
physical assets, power purchase
agreements, loads, and contracts
Commodities Modeled
• Power
• Natural Gas
• Oil
• Coal
• Emissions (CO2, NOx, SO2)
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# Item Offering Description Use
• Generation Modeling (thermal,
hydro, pumped hydro, renewables,
etc.)
• Fuel Modeling
• Cost of Supply
• Hourly marginal cost of supply
• Ancillary service modeling
• Transmission modeling, inclusive
of losses and fees.
PowerSIMM Portfolio Manager
provides insight into the impact of
both physical operations and
system costs.
Analytic Framework
• Dispatch optimization
• Validation reporting
• Job management system
• RECs
• Ancillaries
• Other Asset Related Components
Assets Modeled
• Thermal
• Renewables
• Hydro
• Batteries (hourly)
• Contracts
• Transmission
Spot & Forward/Forecast Prices
• Markets for energy and ancillaries
• Ascend will harvest ISO and market
prices
Budgeting &
Valuation
An extension of Portfolio Manager
to run studies for longer periods
(e.g. 10-year budgets and 20-year
asset valuations) beyond the
portfolio risk management horizon.
Extended budget and/or longer run
asset valuation studies from calendar
year 6-20 depending on use case.
Ability to run stochastics for budget or
valuation uncertainty and pull
iteration detail or s-stats for proper
statistical measure over longer periods
for probability-based decision analytics
around commercial budget and asset
commercial valuation.
Planner (with
ARS)
Simulation Engine
• Forecasted Monthly Forward
Prices for Energy
• Weather
• Load
• Spot Prices
• Renewables (Wind & Solar)
Simulation of wind and solar
production based on weather to
align volumetric uncertainty of
production with load and market
prices.
Portfolio Planning
Output of PowerSIMM portfolio
variables for long term analytics:
• Generation Modeling (thermal,
hydro, pumped hydro, renewables,
etc.)
Analysis
• Long term resource planning
(defined as simulations horizon of up
to 30 years)
• Ability to value and evaluate impact
of new projects
• Model cost to serve load with
market interactions and transmission
constraints
• Integrated portfolio modeling for
physical assets, power purchase
agreements, loads, and contracts
Commodities Modeled
• Power
• Natural Gas
• Oil
• Coal
• Emissions (CO2, NOx, SO2)
• RECs
• Ancillaries
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SCPPA Master Professional Services Agreement Ascend Analytics, LLC B-16
# Item Offering Description Use
• Fuel Modeling
• Cost of Supply
• Market Purchase & Sales
• Hourly marginal cost of supply
• Ancillary service modeling
• Transmission modeling, inclusive
of losses and fees.
PowerSIMM Planner will provide
insight into the impact on both
physical operations and system
costs.
Analytic Framework
• Dispatch optimization
• Validation reporting
• Job management system
• Other Asset Related Components
Assets Modeled
• Thermal
• Renewables
• Hydro
• Batteries (hourly)
• Contracts
• Transmission
Spot & Forward/Forecast Prices
• Markets for energy and ancillaries
2 Reporting
Tools
PowerCube
Reporting
Portfolio Planning Output
• OLAP cube reporting to Excel
• OLAP cube export to the PowerBI
Dashboard
Complete relational data cube
which is seamlessly integrated into
Microsoft Excel and Microsoft
PowerBI.
Analysis
• Output reporting for distribution of
standard reports, generation of ad-hoc
reports, and drill down to examine
individual portfolio components to
hourly level.
• Ascend can support the
development of custom risk metric
variables & custom reporting.
• Access to simulation data for
counterparty credit risk.
Standard PowerBI
Reporting
Live Cube Reporting directly to
standard PowerBI reports for
default PowerSIMM output
Managerial Reporting output for
portfolio reporting
3 Additional
Software
Features
Budget Tracker
Ingestion of actual client portfolio
load and asset performance
supplemented by harvested ISO
price data and customer line-item
ISO expenses used for ‘shadow’
settlement and overwritten
backcast data with actuals for client
Ability to continuously track YTD and
MTD performance married with BalMo
and BalYear re-forecasts to generate
pro forma projections to compare to
prior budget or forecast benchmarks.
Cascade Hydro PowerSIMM Modules for complex
Cascade hydro systems, inclusive of
initial configurations, constraints
and client specific validations
Modeled cascade hydro in addition to
standard hydro for portfolio risk,
budgeting, valuation or planning
exercises consistent with selected
PowerSIMM use cases and study
horizons.
4 Software
Users
Number of
Power-Users
Power-Users have full access to
Licensee’s environment in
PowerSIMM, including access to
view and edit Licensee’s configured
models and reports
Reporting output access, rights and
permissions for item and portfolio
modification, along with ability to run
studies at the discretion of the client
administrative user.
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# Item Offering Description Use
Number of
Report-Users
Report-Users only have access to
reports in Licensee’s PowerSIMM
environment
Read-only PSV UI access, access to
PowerBI and PowerCube
5 Additional
License
Support Hours
Specific Offering
as detailed in
Licensee’s Term
Sheet
Please see Section “6. Software
Support and Maintenance”, of the
SLA for the full definition and
explanation of “Additional License
Support Hours”
Hours of support available for use for
product support, feature
development, training, analyst task
augmentation, SME contribution or
other engagement with Ascend
6 Market
Intelligence
Specific Offering
as detailed in
Licensee’s Term
Sheet
Since the fundamentals of energy
supply are rapidly changing, Ascend
provides long-term forecasts of key
input prices based on our market
analysis and fundamental modeling.
Ascend Market Intelligence includes
30+ years of forecasts for:
• Monthly on-peak, off-peak
power, gas, and carbon prices
• Implied heat rates
• Power price volatility
• Power price shape changes (i.e.
duck curve)
• RT Price Volatility
On a bi-annual basis, Ascend
conducts market analysis of ISOs to
forecast the supply stacks for each
market over time. Ascend also
provides forecasts of price volatility
for hourly and sub-hourly prices as
a function of market fundamentals,
particularly the penetration of
renewables and battery storage on
the system.
Long-Run Equilibrium Analysis
Use long-run equilibrium analysis to
determine power price levels that will
support the entry of a new capacity
entrant, either a stand-alone battery
or RICE unit, allowing for normal
returns. This allows Licensee to fine
tune expectation of long-run power
prices to fit the emerging energy
paradigm driven by renewables as
baseload paired with flexible capacity
and storage for integration.
Utilize long-term forecasts of nodal
prices at major CAISO, ERCOT and SPP
trading hubs. Incorporate into long-
term planning and resource selection
processes.
7 Storage (TB) Specific Offering
as detailed in
Licensee’s Term
Sheet
This is the initial amount of storage
allocated for use by Licensee.
Additional storage may be
purchased in the future at the rate
established in Section “8. Additional
User and Hardware Fees” of the
SLA
Additional space for data retention
8 Additional
Activities
RFO Evaluation
Should Licensee choose this option,
the specific description will be
subject to scoping
Valuation with risk premium of, and
screening comparison of, resources for
potential procurement selection.
Resource
Planning
Should Licensee choose this option,
the specific description will be
subject to scoping
Analyst and SME support for task
order activity in support of client
Resource Planning activities.
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# Item Offering Description Use
Custom Power BI
Reporting
Should Licensee choose this option,
the specific description will be
subject to scoping
Power BI Reports customized for
Licensee by Ascend Analytics and
incorporated into PowerSIMM with
live data cube connection based on
Licensee’s specifications (subject to
the limitations of PowerBI)
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APPENDIX B
POWERSIMM VALIDATION CRITERIA
Validation criteria for Setup of PowerSIMM. Ascend shall use the following criteria for validating the features included in this proposed license, and Licensee shall use the same criteria during User Acceptance Testing (UAT). The tests will include only the functionality in the approved functional specifications. The tests will be conducted by Licensee business users, who have attended training sessions and participated as members of the project team. Any additional criteria and/or tests not included in this Appendix must be approved by both Ascend and Licensee prior to use in User Acceptance Testing.
Module Attribute Information Used to
Evaluate Expectation
Load Loads to be validated will be identified prior to Setup.
Seasonal load profile Confidence intervals
for daily average load
by month
Simulated confidence intervals at
percentiles 5 and 95 reasonably match
historical confidence intervals at the
monthly level, on an around the clock
basis (ATC).
Hourly load profile Confidence intervals
for hourly load
Simulated confidence intervals at
percentiles 5 and 95 reasonably match
historical load shapes at the monthly
level, ATC.
Expected load (MWh) Mean simulated load
by month
Simulated mean monthly values match
forecasted monthly values for expected
energy.
Expected Peak Demand Mean simulated peak
demand by month
Simulated mean monthly values match
forecasted monthly values for peak
demand.
Renewables Renewable Assets to be validated will be identified prior to Setup.
Seasonal generation profile Confidence intervals
for daily average
generation by month
Simulated confidence intervals at
percentiles 5 and 95 reasonably match
historical confidence intervals at
monthly level, ATC
Hourly Generation profile Confidence intervals
for hourly Generation
Simulated confidence intervals at
percentiles 5 and 95 reasonably match
historical generation shapes at the
monthly level, ATC.
Expected Generation
(MWh)
Mean simulated
generation by month
Simulated mean monthly values match
forecasted monthly values for expected
energy.
Expected Peak Generation Mean simulated peak
generation by month
Simulated mean monthly values match
forecasted monthly values for peak
generation.
Capacity Limits Maximum generation
by asset
Simulated energy shall not exceed
capacity limit for any hour.
Co-Simulation: Correlation
with weather and load
Simulated hourly wind
generation
Correlations between hourly wind
generation, weather, and load
reasonably match those of the
historical record.
Forward prices to be validated will be identified prior to Setup.
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Forward
Price
Uncertainty in future prices Confidence intervals
by delivery month
Simulated forward price monthly
volatility matches input monthly
volatility values.
Correlation of related
commodities
Simulated correlation
matrix
Positive semi-definite input matrix
matches simulated positive semi-
definite output matrix using a PCA-
based similarity test with a 0.9
similarity on average (including
confidence intervals of estimation).
No arbitrage Mean simulated
forward price by
delivery month
Mean simulated monthly price equals
current market expectation for each
delivery month.
Sampling of Forward
Simulations
Net Revenue/Gross
Margin at Risk
Ascend will determine the sufficient
number of forward sims to achieve +/-
25% confidence interval for Net
Revenue at the 5th percentile (Gross
Margin at Risk) at the annual level.
Spot Price Spot/basis prices to be validated will be identified prior to Setup.
Seasonal spot price profile Expected profile
converges to input
profile (either
historical profile or
user-defined) by
month
Simulated hourly price shape
reasonably matches input mean price
by month.
Seasonal change in
correlation of related
commodities.
Simulated hourly heat
rate confidence
intervals by month.
Simulated confidence intervals at
percentiles 5 and 95 reasonably match
historical confidence intervals by
month, ATC.
No arbitrage Mean simulated spot
price by delivery
month
Mean monthly simulated spot price
equals the mean simulated forward
price of the same commodity for all
months.
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APPENDIX C
[INTENTIONALLY LEFT BLANK]
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APPENDIX D
HOSTING ENVIRONMENT
Ascend operates within a high -availability and fault -tolerant environment, providing access both internally and externally to a wide array of applications. The high-availability requirement provided to external systems requires a strict security policy to ensure the integrity of data and systems within the infrastructure.
The current configuration of the Licensee hosted environment will include adequate processing capabilities and TB of total storage across environments as allocated to Licensee. This configuration may have differing performance standards based on portfolio settings, study parameters, reporting details, or other user defined criteria.
Additional processing capacity and storage can be purchased at the rates established in the table in Section 8.
Additional User and Hardware Fees, of the SLA.
Ascend periodically updates its ne twork requirements for hosted clients and reserves the right to maintain the Software using comparable or better computing resources, network infrastructure, user access tools, or other technical items.
Ascend provides an all-inclusive hosting service, whereby Ascend purchases and maintains hardware, any third-party software, and delivers complete hosting services, weekly back -up of input data, recovery of back -up data upon availability of replacement equipment, and a 99.99% historical availability rate. Ascend’s hosted solution utilizes a redundant RAID array enabling failure of a hard disk to immediately switch over to the redundant disk without loss of data. Ascend utilizes a Real Application Cluster enabling the data to be accessed without a single point of failure to a database server. Critical modeling data is set to back -up off-site in our corporate datacenter in Bozeman MT, with a minimum duration between back -ups of thirty (30) days. There is an additional charge for disaster re covery.
The colocation datacenter hosting Ascend’s solution is SSAE 16 SOC LEVEL II and HIPAA HI-TECH compliant.
The system architecture consists of three primary components:
1) Analytic computing workstations
a. Performs all the data analysis and manipulation running compiled code 2) OLAP Cube server
a. Running MSSQL Analysis Services supported by RAID array storage system 3) Oracle database
a. Storage of all input and output data supported by RAID array storage system
External Access/Connectivity
Ascend Analytics has a hardware redundant internet connection through enterprise level firewall devices in the Datacenter and additional firewall devices at branch offices. There are 2 primary methods allowing access to internal resources when users are in sites not physically connected to an Ascend Analytics site.
1. VPN Tunnel
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- Preferred connectivity is through a site-to-site VPN Tunnel. The tunnel is created with pre-determined services available on both sides, allowing for a seamless interface for users and applications.
2. Connectivity through a major manufacture’s software package - Setup of a web portal to run various services and applications within the Ascend network. Typically the allowed resources will include the PowerSimm application, an Ascend supported web browser, and the remote desktop connection for direct access to internal servers.
Ascend provides a network connectivity between all servers and workstations. Ascend provides high bandwidth to the World Wide Web for hosted deployments. If the client elects to self -host, it is assumed that network reliability and performance will be maintained by the client to meet these standards.
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APPENDIX E
HOSTING SERVICES
1. Definitions: For the purposes of this Appendix E, the following terms shall have the meaning described below.
Terms not otherwise defined in this Appendix E shall have the meaning as defined in the SLA.
“Computing Resources” are the computers being used to deliver Software to Licensee under this Agreement, that correspond to the job processing performance and har dware specifications listed in the scoping document.
“Hosting Environment” shall mean the Hosting Facility (together with suitable telecommunications connectivity, power and HVAC – Heating, Ventilation and Air Conditioning), telecommunications and network monitoring, the Computing Resources, and other physical infrastructure used by Licensor to provide the Hosting Services.
“Hosting Facility” is located at 3470 Gabel, Billings, Montana and 101 E Mendenhall, Suite A, Bozeman, Montana, or other suitable facility selected by Licensor at its sole discretion.
“Hosting Services” shall mean the services described in paragraph 2 (Hosting Services) below.
2. Hosting Services. During the License Term, Licensor will provide the following Hosting Services to Licensee:
a) Deploy, host and maintain the Software in the Hosted Environment; b) Provide Licensee with 24 hour, 7 days per week access to the Software through the Hosted Environment; c) Maintain the Computing Resources in a manner designed to ensure proper functioning and availability of the Software;
d) Maintain the Hosting Environment in accordance with generally accepted industry practices, methods and techniques;
e) Monitor the Hosting Environment utilizing a monitoring system that will provide notification of any critical problems with the Hosting Environment;
f) Provide internet bandwidth for connection to the Computing Resources through a high -availability commercial provider, with a 99.99% core network reliability; g) Provide Licensee with no less than 48 hours advance notice of discretionary maintenance that could impact availability of the Software;
h) Licensee shall daily back-up Licensee input and analytic study settings, in the form of meta-data as off-site back-up;
i) Repair or replace any failed Computing Resource at no cost to Licensee.
3. Performance Standard for Hosting Services. Licensor shall use commercially reasonable efforts to provide the Hosting Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. Notwithstanding any contrary provision in this SLA, Licensor shall have no obligation to provide Hosting Services to the extent prevented or impaired by any of the following (collectiv ely, "Downtime Exceptions"):
a) Actions of the Licensee or others authorized by Licensee to use the Hosting Service under the Agreement; b) Periodic maintenance procedures or repairs that Licensor or any third party network or power provider may undertake from time to time;
c) Any Force Majeure Event or other causes beyond the control of Licensor or that are not reasonably foreseeable by Licensor, including, without limitation, interruption or failure of telecommunication or DocuSign Envelope ID: 58AA3681-23D2-4D6A-92C2-FE9CDF5952D1 105 of 224
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digital transmission links, hostile network attacks, network congestion, power failure or other failure of any network internet infrastructure now owned or managed by Licensor, denial of service attack, hacker activity, or other malicious event or code targeted against Licensor or Licensee by an y third party; or d) Periods in which Licensee has scheduled upgrades or downgrades to the Computing Resources.
4. Maintenance Standards. Licensor shall maintain the Hosting Environment in accordance with current generally accepted industry practices, methods and techniques. Licensor shall be responsible for Software maintenance and updates to virus protection, system files, operating systems, the Software, Oracle databases, SAS, and MS Office.
Notwithstanding any contrary provision herein, license costs for SAS (including without limitation costs for any annual maintenance and subscription, upgrades or updates thereof) will be borne solely by Licensee, whether procured independently by Licensee or through Licensor. Subject to the foregoing, Licensor will maintai n versions of software on the Computing Resources. Licensor will install and maintain Oracle, SAS, and MS Office software onto the hosted Computing Resources (including any upgrades or updates).
5. Hosting Fees. The Annual Hosting Fee is included in the Annual License Fee.
6. Limited Named Users. For the purposes of the Hosting Services, named users are defined as either Software Full Access Users or Reporting Tool Users. Licensee agrees to furnish Licensor with user information for named Software users and to regularly maintain and update this information. For the purposes of the Hosting Services, Licensee shall not exceed the number of Software users described in Appendix A.
7. No Unlawful Use. Licensee shall not use the Hosting Services for the transmission of spam (unsolicited commercial messages or communications in any form) or for the transmission of material in violation of applicable laws or regulations. This includes, but is not limited to, unauthorized transmission of copyrighted material, material protected by trade secret, or material that is otherwise deemed to be proprietary.
8. Security Representation. Licensor represents that the Hosting Environment, the Hosting Services and security practices used by Licensor shall meet or exceed generally accepted trade practice in the industry to appropriately safeguard the Hosting Environment, Software and Licensee's data against unauthorized access and/or interference by third parties, intrusion, theft, destruction, loss or alteration. Licensor represents that its underlying operating system and network security controls meet or exceed generally accepted trade practice in the industry to ensure the confidentiality and integrity of the Software and Licensee's data.
In the event that a security threat occurs or is believed to have occurred, and/or the Hosting Environment or Licensee's data is disabled, lost, corrupted, destroyed, or otherwise compromised (an "Incident"), Licensor or Licensee, as applicable, shall immediately notify the other Party of the Incident, including, in reasonable detail, the potential impact on the other Party of the Incident and the corrective action taken or to be taken by the applicable Party. Licensee understands that it is solely responsible for notifying Licensor in writing of Licensee staff changes that impact security and user access.
9. Site Visits. Licensor shall permit Licensee to visit the Hosting Facility on reasonable prior notice and subject to Licensee's compliance with Licensor security procedures. In addition, if the nature and scope of a visit requires the participation of Licensor personnel outside of the normal parameters included with a site visit, Licensee shall pay hourly Time & Materials rates for the time spent by Licensor personnel in connection with the visit.
10. Disaster Recovery. In the event of a catastrophic event that requires disaster recovery, Licensor shall work in cooperation with the Licensee to expeditiously establish a new computing environment to op erate the Software.
Licensor will make all reasonable efforts to restore basic Licensee data with limited Software functionality as soon as reasonably possible and then continue to work to restore full Software functionality. Licensee understands that physical hardware availability in the event of a catastrophic event may be constrained and this will limit Licensor’s ability to set up a new Hosting Environment within a specific time period.
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Award of Construction Contract for the San Fernando Road Beautification Project Phase I
1) Motion awarding a construction contract to All American Asphalt in the amount of $14,115,620, approving a 10 percent contract contingency in the amount of $1,411,562, and authorizing the City Manager or a designee to execute the contract.
2) Resolution of appropriation to appropriate funds in the amount of $16,232,963 for the San Fernando Road Beautification Project Phase I.
COUNCIL ACTION
Item Type: Consent Item
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
The San Fernando Road Beautification Project Phase I will improve the San Fernando Corridor between Elk Avenue and Grandview Avenue with landscaped parkways, new median islands, and a new pavement surface. On January 3, 2024, two bids were received for the San Fernando Road Beautification Project Phase I, and after a thorough review, staff found All American Asphalt’s bid to be a responsive bid from a responsible bidder.
The intent of this item is for the City Council to award a contract to All American Asphalt that will cost $14,115,620 with a 10 percent contract contingency of $1,411,562, totaling $15,527,182.
Additionally, a resolution of appropriation is needed to appropriate CIP Reimbursement and San Fernando Corridor Tax Share Funds to fully fund this project. 107 of 224
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RECOMMENDATION
Approve the motion authorizing a construction contract with All American Asphalt for the San Fernando Road Beautification Project Phase I, in the amount of $14,115,620 plus a 10 percent contract contingency of $1,411,562, and approve the resolution of appropriation to appropriate funds in the amount of $16,232,963 from the CIP Reimbursement and San Fernando Corridor Tax Share Funds, for the San Fernando Road Beautification Project Phase I.
ANALYSIS
The Public Works Department (PWD) received direction from the City Council to beautify the San Fernando Road corridor alongside the railroad tracks. To accomplish this goal, PWD successfully applied for and received $5 million dollars in funds from the Clean California Local Grant Program (CCLGP) for the beautification of San Fernando Road, with a strict deadline to complete construction by June 30, 2024.
Furthermore, to comply with the grant deadline, the project will be constructed in two phases, with the first phase located between Grandview Avenue and Elk Avenue, which runs parallel to the railroad, and the second phase located between Grandview Avenue and the City of Burbank jurisdictional limits, at Alameda Avenue.
As part of this project, new drought-tolerant, native landscaping will be planted on the west side of the roadway along the railroad tracks and will provide ground cover and beautify the blight of the railroad tracks. Upgraded sidewalks will be provided on the east side of the roadway, creating uninterrupted access, and providing greater areas for vegetation, increasing pervious surfaces, and reducing stormwater runoff to improve water quality. Additional improvements will include high visibility and creative crosswalks at intersections, upgraded bus stop amenities and bus shelter improvements, median islands with bioswale infrastructure between Grandview Avenue and Elk Avenue, drywells, curb bulb-outs, removal of slip lanes, and improved Americans with Disabilities Act (ADA) ramps at roadway intersections. All project improvements will be located within city-owned public right-of-way on the western and eastern sides of San Fernando Road.
To proceed with project plan development, a Traffic Corridor Study (TCS) was conducted to study the existing conditions of the roadway segments to determine the feasibility of incorporating active transportation elements within the project implementation deadline. The TCS studied the feasibility of modifying travel lanes, implementing new bicycle facilities, and installing raised medians by conducting vehicle miles traveled (VMT), level of service (LOS) for intersection operations only, and parking utilization analyses. The study resulted in various design alternatives that were shared with the community and various stakeholders over multiple engagement events with the purpose of selecting a design alternative that could accomplish the project’s main goals and be able to be constructed within the constraints of the grant funding deadline.
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The Bicycle Transportation Plan (BTP) adopted by City Council in 2012, recommends the installation of a Class I bicycle route that runs parallel to San Fernando Road in the railroad’s right-of-way, and outside of San Fernando Road. However, since the California High-Speed Rail Authority intends to use this same right-of-way, staff studied the feasibility of incorporating bicycle infrastructure outside of the railroad’s right-of-way.
The TCS developed alternatives for the potential installation of bicycle infrastructure along this route.
Staff engaged the services of a professional engineering consultant, Mark Thomas and Company, Inc. (Mark Thomas), to assist with the preparation of the study. Mark Thomas and their subconsultants conducted a comprehensive study of the San Fernando Road corridor, considering the current traffic conditions, levels of cut-through traffic, roadway constraints, and parking utilization, and developed conceptual roadway alternatives for consideration. The study provided valuable insights and data to inform the decision- making process, ensuring that any improvements align with the city's goals for this project and the grant funding deadlines.
Based on the analysis and a comparison of various alternatives, an alternative was recommended by staff and the Transportation and Parking Commission, and subsequently approved by the City Council to be incorporated as part of the project.
This alternative included the installation of a dedicated bicycle lane in the southbound direction on San Fernando Road between Grandview Avenue and Elk Avenue, resulting in an improved active transportation facility, while also beautifying San Fernando Road, and preserving on-street parking.
Project Location
The project is located on San Fernando Road between Elk Avenue and Grandview Avenue. Land uses along the project consist of a mix of commercial facilities and warehouses with some retail/office use.
The project scope of work includes the following:
•Surface grinding and placement of approximately 1.6 centerline miles of asphalt rubber hot mix (ARHM).
•Selective removal, repair, and reconstruction of approximately 2100 linear feet of damaged curbs and gutters, and 28,480 square feet of sidewalks, driveways, cross gutters, alley aprons, and bus pads.
•Construction of approximately 17,900 square feet of center median islands. •Modification and reconstruction of approximately 25 existing curb ramps to meet current ADA standards.
•Adjustment of existing manholes and water meters to finished grade. •Removal and replacement of existing traffic striping and pavement markings. •Installation of 8,500 linear feet of new class II bicycle lane and 8,500 linear feet of new bicycle route (class III) with green shared roadway bicycle pavement markings (B-Type Sharrows).
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•Improve 12 intersections with 15 curb extensions for pedestrian safety. •Planting of 120 new street trees.
•Planting of approximately 5,500 shrubs and groundcover plants. •Installation of six drywells.
•Installation of 21,000 square feet of bioswales.
•Bus stop improvements at three locations.
•Traffic signal modifications at the following intersections:
oSan Fernando Road and Colorado Street
oSan Fernando Road and Harvard Street
oSan Fernando Road and California Avenue
oSan Fernando Road and Highland Avenue
Pavement Rehabilitation
The project will also resurface the entire project corridor, which involves the rehabilitation of existing street pavement that has deteriorated beyond normal maintenance work. It typically consists of the removal of the top 2-inches of existing Asphalt Concrete (AC) pavement, followed by the placement of 2-inches of ARHM pavement wearing surface. This method of street resurfacing improves the ride of the roadway, and the structural integrity of the pavement, and begins a new service life for the street.
Intersection Realignments
As part of any major CIP project, PWD evaluates existing intersection conditions to identify pedestrian mobility and safety improvements. To take advantage of economies of scale, PWD includes realignment and improvements of previously identified deficient intersections to upcoming CIP projects.
Intersection realignments as part of this project include extending existing curb configurations, shortening crosswalk lengths, implementing all-way-stop controlled intersections, installation of new ADA-compliant curb ramps, and installation of new signing and striping.
Bicycle Facilities
Class II bicycle lane installations at the following locations:
•Class II dedicated bicycle lane installation on southbound San Fernando Road between Highland Avenue and Elk Avenue;
•Green colored bicycle lane intersections treatments for southbound Class II dedicated bicycle lane, and
•Class III shared bicycle route with green colored shared roadway bicycle pavement markings (B-Type Sharrows) on northbound San Fernando Road between Highland Avenue and Elk Avenue.
Tree Plantings
A total of 120 new street trees will be planted in vacant locations and along the new proposed median island to infill the street canopy and expand the urban forest as part of this project along the entire project corridor on San Fernando Road between Highland 110 of 224
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Avenue and Elk Avenue. Most of the new plantings will consist at either bus shelters or on the east side of the roadway to shade the sidewalk and walking paths for pedestrians. Only dead or dying trees along the railroad side will be replaced with new trees.
Creative Crosswalks and Decorative Fencing
PWD worked with the Library, Arts, and Culture Department, which procured artists through an RFP process to design the creative crosswalks throughout the project corridor. The selected designs by various artists were approved by the Library, Arts, and Culture Commission and will be installed at the following intersections as part of this project:
1. San Fernando Road and Colorado Street;
2. San Fernando Road and Harvard Street;
3. San Fernando Road and Wilson Street;
4. San Fernando Road and California Avenue, and
5. San Fernando Road and Highland Avenue.
Additionally, the grant allocated funding for the installation of decorative fencing at selective areas along the railroad corridor side to further reduce the blight of the railroad tracks and also add further identity to the project. The design consultant produced two options that were presented to the Library, Arts, and Culture Department, which then selected one of the two options for implementation.
ADA
The proposed project includes improvements that will comply with current Federal ADA guidelines.
On November 28, 2023, the City Council adopted the project plans and specification and authorized the city clerk to advertise the project for bids. The project was advertised in the Glendale News Press, the city’s website, as well as various online platforms.
On January 3, 2024, the city received two bids from contractors as follows:
1. All American Asphalt $14,115,620
2. Toro Enterprises, Inc. $15,166,712
Upon review of the bid documents, staff finds the bid of All American Asphalt of $14,115,620, to be the lowest responsive bid from a responsible bidder. The bid of All American Asphalt in the amount of $14,115,620 is approximately 13% higher than the Engineer’s Estimate of $12,500,000 including base bid and additive bid items.
In addition, staff recommends a reserve for contingencies in the amount of $1,411,562 or 10 percent of the bid amount. The contingency is based on previous experience with projects, and this is in conformance with the nature of this project. This will also allow staff to account for any incidental work, unforeseen field conditions that could be 111 of 224
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encountered during construction, underground utilities issues that could arise because of the nature of the project, and any resulting field modifications that may be necessary.
Furthermore, staff has budgeted approximately five percent of the construction amount, or $705,781 for staff or consultants who will provide construction management and engineering support services such as project management, project engineering, construction inspection, quality assurance, quality control, and materials testing.
San Fernando Road Beautification Project Phase I Construction Budget Base Construction Bid $14,115,620
10% Contract Contingency $1,411,562
5% Construction Management & Engineering Support $705,781 Total Construction Cost $16,232,963
The State of California Contractor’s State License Board website confirms that the license of All American Asphalt is current, active, and in good standing. Additionally, staff contacted the references provided by All American Asphalt and found they had satisfactorily completed their projects. Also, All American Asphalt has previously completed Construction of Bicycle Facility and Citywide Bikeway and Pedestrian Improvements Project, Montrose Park Improvements Project, and Dunsmore Parking Improvements Project for the City of Glendale in a satisfactory manner.
The construction of this project is anticipated to begin in February 2024 and is scheduled for completion by July 2024.
STAKEHOLDERS/OUTREACH
Prior to the application of CCLGP funds to beautify and improve the San Fernando Road corridor, a project-specific community engagement campaign was initiated to collect feedback on the project to further support the grant application. As part of the public information campaign, a factsheet was prepared that summarized key components of the project with a link to a brief online survey. This information was provided to the public through an email blast to stakeholder groups and posted on the city’s website and social media platforms (e.g., Twitter, Facebook, etc.). PWD also created a project webpage, which included a brief description of the project and renderings representing potential improvements for the corridor.
Furthermore, the San Fernando Road Beautification Project is an implementation step that was identified from public involvement obtained in completing the South Glendale Community Plan and supports the goals of other city planning efforts. Public engagement materials during the grant application process included a fact sheet that provided an overview of the project’s improvements and benefits. It also illustrated examples of several infrastructure elements like curb bulb-outs, planted medians, and sidewalk plantings. The fact sheet also included links to the project website and project survey.
The public showed strong support for the project due to the following expected benefits 112 of 224
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to the community:
•More livable communities;
•Improved safety for all users;
•More walking to improve public health;
•Increased transportation choices, and
•Greenhouse gas reduction and improved air quality.
After the successful receipt of grant funds and during the pre-design development phase of the project, stakeholder and public outreaches have included the development of a key stakeholder database, updated fact sheets, a dedicated project webpage and story map, electronic surveys, city stakeholder briefings, door-to-door business and residential canvassing, and an in-person project community open house. All campaigns were further supported by Spanish and Armenian-speaking staff and included print materials in these languages.
•Email Campaign: The email ad campaign aimed to inform and engage the community about the upcoming project. Through a series of outreach events and an interactive online platform, our efforts provided opportunities for community members to learn about the project's goals, provide feedback, and share ideas.
The campaign successfully generated awareness and fostered active participation from the community, who expressed enthusiasm and eagerness about the project. The insights and feedback gathered were considered in the project's planning, ensuring a collaborative approach that reflects the community's needs. Five email campaigns were sent to more than 300 stakeholders between February and March of 2023.
•Postcard Mailers: Approximately 2250 postcards were distributed to the impacted businesses and residents informing them of the project and the upcoming stakeholder efforts.
•Social Media Campaign: Various social media channels, such as Facebook, Twitter, Instagram, and the city webpage, were utilized to reach a wider audience and generate awareness about the project and its alternatives. •Community Engagement Workshop: An in-person public open house was organized to present the findings of the study and provide an opportunity for community members to ask questions, share concerns, and provide feedback.
This meeting was advertised well in advance, and the length of the meeting was increased for those who could make it earlier and to accommodate those who returned home from work later in the evening. The meeting was also held locally in the project neighborhood to make it more convenient for the immediately impacted stakeholders to attend.
•Stakeholder Outreach: Key stakeholders, including local businesses, community organizations, and neighborhood associations, as well as emergency responders 113 of 224
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such as the Glendale Police and Fire Departments were directly engaged in the outreach process. A dedicated meeting was arranged with the Glendale Fire Department to ensure their input and concerns were considered. •Online Survey-Project Awareness: Between February 17 to 28, 2023, an online survey was conducted to raise awareness about the project. As a result of this online survey, the top improvements requested by the community were identified. •Online Survey-Project Alternatives: After the development of the initial project alternatives, an online survey was conducted between March 30, 2023, and April 30, 2023, to receive public feedback on the proposed project alternatives. •Door-to-door Canvasing: Since the responses to the online survey represented a very small portion of the businesses along San Fernando Road, Staff decided to complete a door-to-door canvassing effort. The corridor was surveyed on multiple dates, with businesses surveyed on Wednesday, June 7th, and residents on Friday, June 9th, and Saturday, June 10th. The survey encompassed businesses along San Fernando Road from Elk Avenue to Grandview Avenue, as well as the adjacent side streets within an approximate 250-foot radius of San Fernando Road. The canvassed residential area was primarily in the Pelanconi Neighborhood, located north of Grange Avenue.
•PWD staff also held a coordination meeting with the Glendale Fire Department (GFD) and their input highlighted the critical need to balance the benefits of lane reconfiguration with the essential requirement of emergency services. GFD was supportive of any alternative that would not reduce travel lanes on San Fernando Road.
Transportation and Parking Commission (TPC)
On August 21, 2023, staff presented this project to the TPC. The project details were shared, including the bicycle facility alternatives, outreach efforts as of the TPC meeting date, and next steps. Staff recommended the installation of Class III bicycle route with green-back sharrows in both directions along the project corridor because this alternative in the staff’s professional opinion, as well as the consultant’s opinion, achieved the project and grant goals, and is the immediate business and neighborhood community’s preference. This alternative also did not introduce an unprotected bicycle lane and did not limit northbound cyclist connectivity. However, based on the discussion and input received from the TPC, including the idea that having some bike lanes on this road is better than not having any, Alternative 2A, which includes the installation of a Class II bicycle lane in the southbound direction and a Class III bicycle route with green- backed sharrows in the northbound direction, was selected and recommended by the TPC.
City Council
On August 29, 2023, staff presented this project to the City Council. The project details were shared, including the bicycle facility alternatives, outreach efforts as of the City 114 of 224
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Council meeting date, and next steps. The City Council approved the motion to support the alternative proposed by city staff and approved by the TPC, which includes the installation of a Class II bicycle lane in the southbound direction and a Class III bicycle route with green-backed sharrows in the northbound direction.
Approximately one month before the commencement of the construction, staff will prepare a notification postcard containing essential project details including a link to the project website. This postcard will be sent by mail to the residences and businesses that will be affected by the construction. Additionally, the contractor will be responsible for distributing two distinct door hangers to the affected addresses. One set of door hangers will be provided two weeks prior to the start of any construction activity within the project area, while the second set will be distributed three days before construction begins.
Furthermore, outreach on this project continues to occur through a dedicated website for the project. The link to this website will be posted on all project outreach notifications such as project signs, postcards, and door hangers. The website page introduces the public to the project and to the project team, explains the scope of work and project locations, and provides the public with staff contact information for questions, discussion, and/or input.
FISCAL IMPACT
The construction of the San Fernando Road Beautification Project Phase I will cost $16,232,963 which was not included as a part of the FY 2023-24 approved budget.
Therefore, staff is requesting for an appropriation of $4,999,000 from the CIP Reimbursement Fund and an appropriation of $11,233,963 from San Fernando Corridor Tax Share Fund. The appropriation requests are outlined below:
Requesting Appropriation
Amount From (Account
String) To (Account String) Funding Source
$ 4,999,000
GL: 31240-4090-
PWD-0020-P0000-
PL: PWD00937DG
GL: 52100-4090-PWD-
0020-P0000-
PL: PWD00937DG
CIP
Reimbursement
Fund
$ 11,233,963 GL: 24223-4100-
CDD-0000
GL:52100-4100-CDD-
0020-P0000-
PL:PWD00937EN
San Fernando
Corridor Tax
Share Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environmental review because of CEQA Guidelines §§ 15301.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 115 of 224
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ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a construction contract and resolution of appropriation for the San Fernando Road Beautification Project Phase I. Doing so, however, will not improve the condition of the city roadway and result in the loss of Clean California Local Grant funds, and the city will need to implement other effective stormwater management and pavement rehabilitation practices for these areas.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Sarkis Oganesyan, P.E., Deputy Director of Public Works/City Engineer Prepared by:
Armen Avazian, P.E., Principal Civil Engineer
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Project Location Map
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MOTION
Moved by Council Member , seconded
by Council Member , that the Council of the City of
Glendale hereby:
1. Authorizes the City Manager, or a designee, to execute a construction contract – subject to approval by the City Attorney – with All American Asphalt, for the San Fernando Road Beautification Project Phase I, Specification No. 3973, for the amount of $14,115,620.
2. Authorizes a 10 percent reserve for contingency, equal to $1,411,562.
Votes as follows:
Ayes:
Noes:
Absent:
Abstain:
City Clerk
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N CENTRAL AV
VIOLA AV
DOROTHY DR
N COLUMBUS AV
OMAR ST
FAIRCOURT LN
PALM DR
N COLUMBUS AV
N COLUMBUS AV
W DRYDEN ST
DRYDEN ST
VIRGINA AV
PALM DR
ALMA ST
BEKINS WY
GRAND CENTRAL AV
AIR WY
SAN FERNANDO RD
FLOWER ST
GRANDVIEW AV
ELK AVE
COLORADO ST
EDISON PL
KENILWORTH AV
VINE ST
CENTRAL AV
COLUMBUS AV
ELK AV
OAK ST
PACIFIC AV
CONCORD ST
HARVARD ST
WILSON AVE
SALEM ST
MYRTLE ST
LEXINGTON DR
W MILFORD ST
W DORAN ST
CENTRAL AVE
HAWTHORNE ST
IVY ST
KENILWORTH AVE
W DORAN ST
COLUMBUS AVE
PACIFIC AVE
PIONEER DR
KENILWORTH AVE
W DORAN ST
CHESTER ST
CONCORD ST
BRENT PLMYRTLE ST
W MILFORD ST
PIONEER DR
W DORAN ST
KENILWORTH AV
SAN FERNANDO RD
ALEXANDER ST
COMMERCIAL ST
STATE ST
FAIRMONT AV
GRANGE ST
ESTELLE AVE
DALE AV
GRANT AV
OMAR ST
HIGHLAND AVE
PATTERSON
CHESTER
AVE
FAIRCOURT LN
KENILWORTH AVEBURCHETT ST
PACIFIC AVE
GOODE AV
SANCHEZ DR
GRANDVIEW AV
ROSEDALE AV
NEWBY ST
WILLARD AV
KELLOGG AV
ZOOK DRCLEVELAND RD
IDLEWOOD RD
GRAYNOLD AV
NORTON AV
PELANCONI AV
ALMA ST
DRYDEN ST
PALM DR
TONONI AV
ARDEN AV
BURCHETT ST
BUELAH ST
PATTERSON AVE
CONCORD ST
KENILWORTH AV
STOCKER ST
CHERRY ST
PITMAN AVBESELL ST
ARDEN AVE
HANN AVE
CLEMENT DR PARKWOOD DR
RANDOLPH ST
LORAINE ST
W STOCKER ST
W FAIRVIEW AV
SAN RAFAEL AV
GLENOAKS BLVD
ST
I-5 (GOLDEN STATE FWY.)
CALIFORNIA AVE
CONCORD ST
GREYDALE
SAN FERNANDO RD
ARDEN AVE
BURCHETT ST
CA-134 (VENTURA FWY)
ALLEY 238 ALLEY 239
ALLEY 240
W MILFORD ST
ALLEY
PACIFIC AV
BROADWAY
HARVARD ST CENTRAL AV
GLENDALEGALLERIA
CA-134 (VENTURA FWY)
SAN FERNANDO ROAD BEAUTIFICATION PROJECT
PHASE I
NOT TO SCALE
CITY LIMITS
PROJECT LOCATION
LEGEND
EXHIBIT 1 - PROJECT LOCATION MAP
(Not to Scale)
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Appropriation of Funds from Glendale Water & Power Fund Balance.
1. Resolution of Appropriation
COUNCIL ACTION
Item Type: Consent Calendar
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
On November 14, 2023, the City Council adopted Resolution No. 23-176 and No. 23-177 authorizing the City to enter into and execute a contract with ARB, Inc. (ARB) and Wartsila North America, Inc. (Wartsila), respectively, to implement the Grayson Repower Project (Project).
In so doing, a not-to-exceed total Project cost, including contingencies, of $523,809,170 was approved dependent upon adoption of the new electric rate plan and the City Manager’s determination that the rate plan and bond financing for the project will be sufficient to pay for both contracts.
On November 28, 2023, Glendale Water and Power’s (GWP) new electric rate plan ordinance was approved and adopted by the City Council.
On January 9, 2024, GWP’s bond ordinance was approved and adopted by the City Council.
In order to proceed with being able to fund the construction Project, an appropriation of the entirety of the Project cost must be approved. This requirement is considered administrative in nature but necessary for prudent internal accounting controls.
RECOMMENDATION
Approve the Resolution of Appropriation.
ANALYSIS
This effort is strictly administrative in nature. In accordance with prudent internal accounting controls and following approval of both the Project and the bond ordinance, it is proper to appropriate the funds for the Project.
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24g
4 8
9 6
STAKEHOLDERS / OUTREACH
Not applicable.
FISCAL IMPACT
The Grayson Repower Project, incorporating contracts with ARB, Inc. and Wartsila North America, Inc., represent a not-to-exceed total project cost, including contingencies, of $523,809,170, of which $419,558,683 was not included as a part of the FY 2023-24 adopted budget. Therefore, staff is requesting an appropriation of $419,558,683 from the Electric Surplus Fund Balance. The appropriation request is outlined below:
For ARB
Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $351,887,800 GL: 27900-5810-GWP-
0000
GL: 43110-5830-
GWP-0020-P0000-
PL: GWP00171CN
Net Position,
Electric Surplus
Fund Balance
For Wartsila
Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $67,670,883 GL: 27900-5810-GWP-
0000
GL: 43110-5830-
GWP-0020-P0000-
PL: GWP00170BN
Net Position,
Electric Surplus
Fund Balance
ENVIRONMENTAL REVIEW
This item is considered a ministerial activity and is not a project for the purposes of California Environmental Quality Act (CEQA) and therefore, not subject to CEQA review.
CAMPAIGN DISCLOSURES
Not applicable.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Not to authorize the requested appropriation, which will result in the inability to fund the Grayson Repower Project agreements with Wartsila and ARB.
Alternative 2: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Mark Young, General Manager - Glendale Water and Power
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34g
4 8
9 6
Prepared by:
Scott Mellon, Assistant General Manager - Power Management Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS / ATTACHMENTS
None.
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1 ORDINANCE NO. ____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE AMENDING CHAPTERS 8.44 AND 8.56 OF THE GLENDALE MUNICIPAL CODE, 1995, UPDATING STANDARDS FOR SOLID WASTE AND RECYCLING COLLECTION.
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., requires cities to reduce, reuse, and recycle (including composting) solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 of the Public Resources Code places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, requires businesses and Multi-Family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane, and that the regulations place requirements on multiple entities including Cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollution Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) has declared that it is in the public Interest to authorize and require cities to make adequate provisions for Solid Waste Collection within their jurisdiction; and
WHEREAS, Public Resources Code Section 40059 authorizes the cities to determine all aspects of solid waste handling which are of local concern, including, but 126 of 224
2 not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling service; and
WHEREAS, the City Council has adopted Ordinance No. 5970 adding Section
8.56.170 among others to the Glendale Municipal Code, 1995, authorizing the City to award contracts for solid waste collection services for commercial establishments and multifamily dwellings of five units or more, through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone; and
WHEREAS, requirements in this ordinance are consistent with other adopted goals and policies of the City of Glendale including the City's Zero Waste Plan approved in 2011; and
WHEREAS, the City Council has considered the report dated January 9, 2024, along with the proposed amendments to Chapters 8.44 and 8.56 and by this ordinance amends Title 8 of the Glendale Municipal Code, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Chapter 8.44 of the Glendale Municipal Code, 1995 is amended to read as follows:
8.44.010 Definitions.
The following words and phrases, shall, for the purpose of this chapter have the meanings respectively ascribed to them in this section unless otherwise noted:
“AB 939 Fee” means the fee collected by the city from solid waste service providers used to recover the costs of preparing, adopting and implementing the city’s integrated waste management plan developed pursuant to the state of California’s Integrated Waste Management Act of 1989 (AB 939).
“Automated collection program” means the city’s automated refuse, recycling, and/or organics collection program provided exclusively by the city. “Automated container” or “automated cart” means a specially designed container capable of holding no more than one hundred (100) gallons, which is typically emptied by an automated side-loading collection vehicle.
“Blue container” means a container where either the lid or the body of the container is blue in color. Blue container has the same meaning as in 14 CCR Section 127 of 224
3 18982.2(a)(5) and shall be used for the purpose of storage and collection of only Source-Separated Recyclable Materials.
“Bulky items” means solid waste that cannot or would not typically be accommodated within a bin or cart because of its size or shape, including specifically:
furniture (including chairs, sofas, mattresses, and rugs) and appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”).
Bulky items do not include car bodies, auto parts, tires, construction and demolition Debris, or items requiring more than two persons to remove. “Business,” “commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling with five (5) or more units, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this code.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR) “CalRecycle” means California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as shall have the same meaning as defined in Public Resources Code 14 CCR § 18982(a)(73) and (a)(74) that may be amended from time to time. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
“Commercial waste hauler” means any person or solid waste service provider who loads, collects, hauls, or transports commercial solid waste, that was generated by another person or its employees or subcontractors in the course of providing its principal service, or manufacturing or constructing or assembling its major product; by use of any means, including, but not limited to, a dumpster truck, a side-load, front-load, or rear-load garbage truck, or a trailer, or a compactor. “Compliance review” means a review of private property records by the city to determine compliance with this code.
“Director of public works” means the director of public works or authorized representative.
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4 “Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this code “edible food” is not solid waste if it is recovered and not discarded. Nothing in this code or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentration of waste of a type and amount normally found in municipal solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food” shall have the same meaning as in Health and Safety Code Section 113781 as may be amended from time to time.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed or as otherwise defined in 14 CCR Section 18982(a)(24) as may be amended from time to time.
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities and shall have the same meaning as defined in Public Resources Code 14 CCR Section 18982(a)(25) as may be amended from time to time.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food scraps excludes fats, oils, and grease when such materials are source-separated from other food scraps.
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5 “Food waste” means food scraps, food-soiled paper, and compostable plastics. “Franchised Hauler” or “Franchisee” means the sole authorized hauler with exclusive right and privilege to provide Solid Waste Collection services within a pre- determined Zone of the City granted by City to Contractor pursuant to the City’s authority under Article 11, Section 7 of the State of California Constitution and Section 40059 of the Public Resources Code.
“Generator” means a person or entity that is responsible for the initial creation of waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Gray container” means a container where either the lid or the body of the container is gray in color. Gray container has the same meaning as in 14 CCR Section 18982.2(a)(28) as may be amended from time to time, and shall be used for the purpose of storage and collection of Refuse.
“Green container” means a container where either the lid or the body of the container is green in color. Green container has the same meaning as defined in 14 CCR 18982.2(a)(29) as may be amended from time to time, and shall be used for the storage and collection of source-separated organic waste. “Gross receipts” means total payment received by solid waste service providers and certified mixed waste processors for the provision of solid waste services, including, but not limited to, receipts for service, container rentals, disposal fees, processing charges and any pass-through fees collected pursuant to AB 939 or as determined by any franchised hauler agreement. Gross receipts do not include proceeds from the sale of recyclable materials to materials brokers, dealers, end users, or a combination thereof.
“Hazardous Waste” means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. ‘Hazardous Waste’ includes all substances defined as Hazardous Waste, Acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117; as well as Section 40141 of the Public Resources Code, Division 30, Part 1, Chapter, and as these may be subsequently defined; or in the future amendments to or recodifications of such statutes, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition. 130 of 224
6 “Large event” has the same meaning as defined in Section18982(a)(38) of the California Public Resources Code as may be amended from time to time, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this code and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this code and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this code.
“Medical waste” means waste materials regulated pursuant to the Medical Waste Management Act, Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code as may be amended from time to time. “Multi-family residential dwelling” or “multi-family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities. “Organics” and “organic material” means solid organic wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18882(a)(46).
Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are defined by 14 CCR Section 18982(a).
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7 “Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste 14 CCR Section 18982(a)(48) as may be amended from time to time.
“Person” means an individual, association, firm, limited liability company, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.
“Place of business” means the situs of any commercial, industrial, or private nonprofit enterprise, whether operating as a sole proprietorship, partnership, limited liability company, corporation, or otherwise, including, without limitation, any retail or wholesale outlet, hotel or motel, restaurant, market, hospital or other health care facility, or private school, church or club. With the exception of tenants of residential multi-family properties, each tenant of a commercial building is a separate place of business. “Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source-separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source-separated green container organic waste for the city’s green container; (3) discarded materials placed in the gray container that are acceptable source-separated recyclable materials and or source- separated green container organic wastes to be placed in the city’s green container and or blue container; and excluded waste placed in any container. “Recyclable material” and “recyclables” means non-putrescible and non- hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Refuse” means discarded waste or garbage that may be mixed with or contain nonorganic material, or processed industrial materials. The term is used interchangeably with gray container waste. ‘Refuse’ does not include any construction and demolition debris generated from applicable projects as defined in Chapter 8.58 of this title.
“Residential property” means of, from, or pertaining to a single-family home or properties with two to four units who receive collection services directly from the city. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 29730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction 132 of 224
8 targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “Self-hauler” means a person, who hauls refuse, recyclables or organic material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). ‘Backhaul’ means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Solid waste” or “Municipal Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
“Source-separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the code, source-separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source-separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing. “Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
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9 If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this code.
“Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(73) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this code.
“Universal waste” means household electronics and equipment that may be considered hazardous upon disposal, or as otherwise defined in the California Code of Regulations (CCR) at Title 22 Social Security Division 4.5, Environmental Health Standards for the Management of Hazardous Waste, and as that section may be subsequently amended.
8.44.020 Safe and sanitary storage.
The primary responsibility for proper handling of solid waste generated or accumulated on any premises shall be on the generator of the solid waste. Should the generator refuse, neglect or fail to provide for the proper handling of solid waste in accordance with this chapter, the owner of the premises within or upon which the solid waste had been generated or accumulated shall provide for proper handling of the solid waste in accordance with the provisions of this chapter.
No person shall dump, deposit, place, burn or bury in or upon any lot, public space, or in water or waterway, any refuse, organics, recyclable material, deleterious or offensive substances. This section shall not apply to any land used by the city as a disposal or reclamation site.
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10 8.44.030 Accumulation of material.
Premises will be kept in a clean and sanitary condition, and any refuse shall not be permitted to accumulate on premises for a period in excess of one (1) calendar week, except as provided for in Section 8.44.040. Organics or other recyclable material shall not be permitted to accumulate on premises for a period of more than fifteen (15) days; provided, however, that this provision shall not be construed to interfere with any person keeping building materials upon premises during the construction, reconstruction or repair of a building or structure thereon under a current valid building permit, keeping of wood neatly piled upon such premises for household use, nor managing a backyard composting area that is properly maintained.
8.44.040 Minimum collection schedules.
To prevent propagation of nuisances, refuse, recyclables, and organic material shall not be allowed to remain on the premises for more than the period allowed by Section 8.44.030, except when:
A. Disruptions occur due to strike; or
B. Severe weather conditions or “Acts of God” make collection impossible using normal collection equipment; or
C. Official holidays interrupt the normal seven (7) day collection cycle in which case collection may be postponed until the next working day; or D. Where deemed necessary by the director of public works that more frequent removal of refuse shall be required for the protection of public health.
8.44.050 Ownership of materials.
Title to materials becomes the property of the collector once placed in the collection containers and placed at an area for servicing by the collector. Title to any prohibited material placed in collection containers shall remain with the generator unless expressly accepted by the collector. All ownership and the rights to recyclable material shall be vested to the collector once such recyclables have been placed in the designated collection container by the resident or commercial entity. All ownership and title rights to recyclable materials shall be transferred to the authorized collector at the time the collector removes the material from the designated collection location. Scavenging is prohibited in the city.
8.44.060 Prohibited material.
A. No person shall place or deposit in any refuse, recyclable material, or organics container for collection pursuant to this chapter, excluded wastes, hypodermic needles, medicines, pills, medical waste, rocks, electronic waste; human waste and other 135 of 224
11 potentially infectious material, poisons, caustic acids, motor oils, liquids of any kind, explosives, asbestos; or similar dangerous substances, or hazardous waste as defined in Public Resources Code Section 40141, or low level radioactive waste regulated under Chapter 7.6 of Division 20 of the Health and Safety Code, or medical waste regulated under Chapter 6.1 of Division 20 of the Health and Safety Code.
B. Under no circumstances shall clothing, bedding, or other articles from any home or place where any infectious or contagious disease has prevailed be deposited in such container. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the city and shall dispose of articles which are or might be affected in accordance with directions.
C. No person shall place the body of any dead animal in any street or park or in any gray container, green container or blue container. The bodies of any dead animals shall be promptly removed as directed by the appropriate local agency.
D. No person shall place in the city residential collection service container any item which is too large or heavy to be included for regular solid waste collection.
8.44.070 Bulky items and universal waste.
Residential property customers shall be allowed to place waste which by reason of its character cannot practically be placed in such receptacles, including bulky items and universal waste, upon advance notice to the City.
The city shall receive requests for and provide for the collection of certain bulky items and universal waste from residential property customers of the city who shall request such service. No bulky items or universal waste shall be collected from private property. All bulky items and universal waste shall be placed at and atop the curb, and not in the street or alley, and should be a minimum of five (5) feet away from any fixed object or parked vehicle.
8.44.080 Collection requirements—All generators.
A. Waste generators shall source-separate their waste into recyclables, organics, and refuse. Generators shall place source-separated yard trimmings and organic waste, including food scraps, in the green container; source-separated recyclable materials in the blue container; and refuse in the gray container. The city may determine that streams can be combined in the event that the city or a city-permitted hauler is able to collect materials as a single stream for delivery to a state-certified high-diversion organic waste processing facility.
B. No generator may mix recyclables, organics or refuse, or deposit one type in a collection container designated for another type, except as provided for in this chapter.
Generators shall not place prohibited container contaminants in the green, blue or gray containers.
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12 C. Residential waste generators shall subscribe to the city’s gray container, blue container and green container collection services for all waste generated. Commercial waste generators shall subscribe to gray container, blue container and green container services provided by the designated commercial franchised hauler. Generators may additionally manage their waste by preventing or reducing waste, managing organic waste on site, self-hauling, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
D. It shall be the responsibility of the generator whose solid waste was not removed because it contained recyclables or organics to properly separate materials from the uncollected refuse for proper recycling. Allowing such unseparated solid waste to accumulate as per Section 8.44.030 will be considered a violation of this code.
E. The generator is responsible for ensuring that materials are confined in the collection container in a way that would prevent spillage on streets.
8.44.081 Collection requirements— Residential property generators.
A. On the collection day designated by the city, occupants of those places or premises participating in the city’s automated refuse collection programs shall place the automated containers along the street curb in front of the premises, or along the alley in the rear thereof depending upon whether the prescribed collection route is along the street or alley. Automated containers shall be placed at the edge of the curb on either side of the driveway in front of the premises at a minimum of three (3) feet from any parked car and at a minimum of one (1) foot between each automated cart. Such containers shall be placed so that the embossed arrow on the lid faces the street.
B. No person shall place any container in any public highway, street, or alley at any place other than on the collection day established by the city on the particular route.
No container shall be placed for collection before 3:00 p.m. on the day immediately prior to the scheduled collection day. No person shall permit the containers to remain on or immediately adjacent to a street or alley after 8:00 p.m. of the collection day.
8.44.082 Collection requirements—Commercial generators.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
A. Subscribe to and pay for collection services for all waste generated.
Businesses and multi-family residential dwellings that generate more than two (2) cubic yards per week must subscribe to collection services for recyclable and organic material from the designated franchise hauler. Owners of such properties are responsible for any failure to subscribe to or pay for sufficient levels of collection service. Nothing in this section shall preclude a generator from self-hauling material generated at the property as long as the business holds a properly executed exemption from the city. 137 of 224
13 B. Provide an accessible location for sufficient levels of service with collector(s) for refuse, recyclables, and organics, except as provided for in this code.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, and tenants, consistent with the city’s collection service requirements or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program.
The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate the adequacy of capacity provided for each type of collection service for proper separation and containment of materials, and businesses shall adjust their service level for their collection services as requested by the city.
D. Excluding multi-family residential dwellings, provide for the collection of source-separated recyclable and organic materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where refuse disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the businesses shall have either:
1. A body or lid that conforms with the container colors specified in Section 8.44.080. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life for those containers, or prior to January 1, 2036, whichever comes first. Multi-family residential dwellings are not required to comply with this requirement.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. Multi-family residential dwellings are not required to comply with this requirement.
E. Participate in collection service(s) by placing designated materials in designated containers.
F. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.44.083.
G. To the extent practicable through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the franchised hauler’s 138 of 224
14 blue container, green container, and gray container collection service requirements or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program.
H. Excluding multi-family residential dwellings, periodically inspect blue, green, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
I. Annually provide information to employees, contractors, tenants, and customers about waste diversion requirements and about proper sorting of source- separated green container organic waste and source-separated blue container recyclable materials.
J. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source- separated green container organic waste and source-separated blue container recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.
K. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
L. If the collection service is provided by a permitted hauler who collects material as a single stream and delivers material to a high diversion facility, all materials may be placed in a gray container.
M. If a commercial business wants to self-haul, generators must meet the self-haul requirements of this chapter.
N. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
8.44.083 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food service providers as defined by Section 113789 of the Health and Safety Code operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024. 139 of 224
15 C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city’s designated enforcement agent or designated third party enforcement agent to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. Nothing in this code shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on 140 of 224
16 September 25, 2017, which added Article 13 [commencing with Section 49580], to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.44.084 Requirements for food recovery organizations and services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food.
B. Food recovery organization is collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to
14. CCR Section 18991.3(b).
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17 8.44.085 Food recovery capacity planning.
Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.
8.44.086 Collection service requirements at commercial special events.
For a community special event requiring a commercial special event permit from the city, the permit holder shall provide recycling receptacles throughout the event venue. The number of recycling receptacles shall equal the number of solid waste receptacles, placed next to each other, and be clearly marked to identify recyclables and organics to insure proper recycling. For events with a collection service provided by a single-stream hauler, outreach materials must provide information to that effect. The responsible permit holder shall ensure the delivery of materials to a recycling center or a certified high-diversion material processing facility, and shall not be delivered to a landfill for disposal.
8.44.090 Receptacles—General requirements.
A. Except as provided in subsection B of this section, every person having charge or control of any place or premises in the city where gray container waste, blue container materials and green container materials accumulates shall place and keep the same in a receptacle of the type or kind prescribed by the director of public works; provided, that where such solid waste is of such character that it is impractical to place it in such receptacles, as determined by the director of public works, such solid waste need not be placed therein. Persons having charge or control of such receptacles shall keep them free from all rough or jagged surfaces which would be likely to cause injury to persons lifting them.
B. Occupants of those places or premises that are included in the City’s automated refuse collection program shall place and keep all gray container waste, blue container material and green container material accumulating on such premises only in the designated collection containers obtained for city services for use in the automated collection programs. Such automated containers shall remain at all times the property of the city. At no time and under no circumstances shall automated container(s) be moved or removed from the place or premises to which they were assigned. Such automated containers will be repaired and maintained by the city at no additional cost provided the damage is not due to customer abuse or negligence. Automated containers that are stolen will be replaced at no cost.
C. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service 142 of 224
18 for proper separation of materials and containments of materials; and generators shall adjust service levels for its collection services as requested by the city.
8.44.091 Receptacles—Dimensions.
A. Except as otherwise provided in this chapter, the receptacles in which refuse shall be placed and kept for collection by the city or by private collectors, shall be sturdy, of durable metal or plastic, tapered, and with tight-fitting lids or disposable paper or plastic bags manufactured for the purpose of keeping refuse as defined in Section 8.44.010. Each receptacle shall be of the type which does not permit the contents thereof to sift or pass through any openings therein. Each receptacle shall have a tight-fitting lid which secures to the receptacle in such a manner as to prevent as best as practicable the entry therein by coyotes, dogs, cats, rodents or other animals.
Size or weight limitations do not apply to metal bins that are to be handled by mechanical means.
B. Occupants of those places or premises included in the City’s automated collection program shall use only the approved automated refuse containers for such programs to be obtained exclusively through the city.
8.44.092 Receptacles—Name of businesses printed legibly.
Except as otherwise provided in this chapter for participants in the automated refuse collection program, each receptacle used by a place of business shall have street number of the business marked clearly and legibly upon the receptacle’s outer surface in letters at least two (2) inches in height.
8.44.093 Receptacles—Commercial and industrial.
Every waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals, not less than two (2) inches in height, such waste collector’s name or firm name and telephone number.
8.44.094 Receptacles—Separate units required.
A. Each residential property, each place of business and each multi-family residential dwelling accumulating or producing refuse shall provide its own receptacle or receptacles or shall use the receptacles furnished by the city or the city’s designated franchised hauler as provided in this chapter for keeping, depositing or accumulating refuse originating on the premises.
B. No person shall cause to be deposited or shall deposit any refuse in any receptacle of a place of business or multiple dwelling or apartment house with which such person is not directly connected.
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19 8.44.095 Receptacles—Cleaning.
It shall be the responsibility of the generator to ensure that all refuse bins and containers are kept thoroughly cleaned and all grease and adherent materials removed on a regular basis to control odor, residual debris and contaminants.
8.44.096 Receptacles—Maintenance of receptacle area.
Every owner, tenant, occupant or person owning or having the care of any premises shall keep his or her premises in a clean and sanitary condition, and no person shall permit any sewage effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animals, rubbish, cans, wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premises owned or occupied by him or her or under his or her control, except as otherwise provided by law.
8.44.100 Fees—Liability—Billing.
The council finds that the periodic collection of refuse from all places in the city benefits all occupants of places and premises in the city and, therefore, all such persons are made liable for the refuse collection fees prescribed by this chapter. In the case of premises serviced by the City’s collection service containing more than one (1) dwelling unit or place of business or both, which are served by a single electric meter, such fees may be billed to the landlord who shall collect such fees levied against the occupants of the dwelling units on such premises and shall transmit the amount so collected to the city. In the event the landlord fails to collect such fees from any such occupant and remit the same to the city the landlord shall be liable to the city for payment of such fees.
8.44.110 Collection charges—Established by council.
All charges for refuse collection shall be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the City Clerk. The director of public works shall, with the approval of the city manager, recommend changes in the above fees when the cost of refuse collection makes it appropriate.
8.44.111 Collection charges—Payment.
A Payments for regular collection services provided by the City shall be payable to the City. Payments for collection services provided by a City-designated franchised hauler shall be payable directly to that franchised hauler.
B. Special service charges for other than regular collections shall be payable to the city’s duly authorized representative upon presentation of a bill for such services.
8.44.112 Collection charges—Advance payment—Refund.
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20 Minimum fees paid in advance for city-provided services may be refunded upon the approval of the director of public works for any calendar month or major fraction thereof during which the applicant for refund was not an occupant or in legal possession of the premises for which the fee was paid. Application for refund shall be filed with the director of public works within six (6) months after expiration of the calendar month for which the refund is sought and shall be made upon forms prescribed by the director of public works.
8.44.120 Fee—Debt against occupant.
A fee imposed by this chapter shall be a civil debt owing to the city from the persons receiving the service.
8.44.130 Collection—Authority.
The director of public works shall supervise the collection and removal of all refuse, recyclable material, and organics in the city.
A. Commercial Waste Hauler Collection Services. The director of public works shall have the authority to promulgate rules and regulations concerning the collection and management of materials by commercial franchised haulers operating within the city.
B. The director of public works may make such rules not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of refuse, recyclable material, and organics within the city.
8.44.131 Collection—Limitation on quantity.
A. Service levels and frequency for commercial collection services shall be determined by the generator in consultation with the City’s franchised hauler. All material must be contained in the bin or cart provided by the City’s franchised hauler. If collection of additional quantities of refuse is desired application shall first be made for additional service to the City’s franchised hauler.
B. The person in charge of the place of business is responsible for the care and cleanliness of the container. The container remains the property of the franchised hauler providing the collection service.
8.44.140 Backyard composting and management of organics.
Residents shall be allowed to compost organic waste in their backyards, or at city- designated regional gardens where compostable organics are managed. Residents who participate in backyard composting must maintain their composting area in accordance with acceptable standards and regulations set forth by the city and the Los Angeles 145 of 224
21 County health department. Materials allowed for composting in backyards include all garden waste, food waste with the exception of diseased or insect infested plants, animal wastes or meat and dairy wastes. All composting areas must be maintained to minimize the potential for odors and rodents. Moisture should be regulated to eliminate any standing waste near or around the composting area. Nothing shall preclude a resident to allow the removal of green material from the property by a landscaper.
8.44.150 Self-hauler requirements.
Nothing in this chapter shall limit the right of any person or business to donate, sell, or transport material that they generate to a facility that holds all applicable permits provided that any such activity is in accordance with the provisions of this chapter. The ownership of materials is considered the property of the generator, until the material is placed in the authorized collector’s container.
A. Self-haulers shall source-separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. Self-haulers shall haul their source-separated recyclable materials to a facility that recovers those materials; and haul their source-separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source-separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses (including multi-family self- haulers) must register with the city, and shall provide information collected in subsection C to the city.
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22 E. A residential organic waste generator that self-hauls organic waste is not required to record or report this information.
8.44.160 Waivers for generators.
A. De Minimis Waiver. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below, commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a green container comprises less than twenty (20) gallons per week per applicable container of the business’ total waste; or
b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a green container comprises less than ten (10) gallons per week per applicable container of the business’ total waste.
2. Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
3. Provide written verification of eligibility for de minimis waiver every five (5) years, if the city has approved a de minimis waiver.
B. Physical Space Waiver. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
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23 3. Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has an approved application for a physical space waiver.
C. Review and Approval of Waivers by City. An application for a waiver shall be submitted to the city on a form prescribed by the city. After reviewing the request, the city shall either approve or disapprove the waiver request. Only the city has authority to issue a waiver and this authority cannot be delegated to a private entity pursuant to SB 1383 regulations.
A business subscribed to a single-stream collection service provided by its hauler is not considered exempt from the diversion requirement since the material diversion service is being provided by the hauler.
8.44.165 Diversion requirements for haulers and facility operators.
A. Haulers providing commercial or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
1. Through written notice to the city annually on or before July 1, 2021, identify the facilities to which they will transport organic waste including facilities for source- separated recyclable materials, source-separated organic waste, and mixed waste.
2. Transport source-separated recyclable materials, source-separated organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the city to haul organic waste, unless it is transporting source-separated organic waste to a community composting site or lawfully transporting construction and demolition materials in a manner that complies with 14 CCR Section 18989.1, Section 8.44.070 of this chapter, and Glendale Municipal Code Chapter 8.58.
4. Haulers with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly- owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, 148 of 224
24 including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.
2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days.
8.44.170 Inspections and investigations by city.
A. City representatives and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, disposal facility for materials collected from generators, or source-separated materials to confirm compliance with this code by organic waste generators, commercial businesses, property owners, commercial edible food generators, commercial waste haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or its designee to enter the interior of a private residential property for inspection.
B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this code and may result in penalties described.
C. Any records obtained by the city during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives and/or designees are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
8.44.180 Enforcement.
A. Violation of any provision of this chapter shall constitute grounds for administrative citation under Chapter 1.24 of this code, subject to all procedures of that section, except as otherwise indicated in this chapter. The director of public works or their designee shall have and exercise the power:
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25 1. To issue notices of violation in accordance with the provisions of this chapter.
2. To issue administrative citations for the violation of any of the provisions of this chapter.
3. To conduct inspections and investigations according to the provisions of this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
C. Process for Enforcement.
1. The director of public works or a designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.
2. The city may issue an official notification to notify regulated entities of its obligations under this chapter. Notices will be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
3. For incidences of prohibited container contaminants found in containers, the city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within three (3) days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents addressed under subsection (C)(3), the city shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s administrative citation procedure contained in Chapter 1.24.
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26 D. Penalty Amounts for Types of Violations. Penalty amounts for a first, second, and third violation of provisions of this chapter shall be established or modified by resolution of the city council.
E. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with subsection A if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
F. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
G. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
SECTION 3. Chapter 8.56 of the Glendale Municipal Code, 1995 is amended to read as follows: The council of the city finds and declares as follows:
8.56.010 Findings
A. The city presently owns approximately three hundred forty-five (345) acres of land, known as Scholl Canyon landfill, situated in the city, which is currently used for the disposal of solid waste generated within the city and in surrounding jurisdictions. 151 of 224
27 B. Over the past ten (10) years, an average of six hundred thousand (600,000) tons of solid waste has been deposited annually in the Scholl Canyon landfill.
C. It is anticipated that the remaining landfill space at Scholl Canyon would be exhausted at or near the year 2008.
D. A unified city policy should be formulated to ensure the prolonged life of the landfill space at Scholl Canyon.
E. The use of Scholl Canyon landfill by surrounding jurisdictions creates a benefit for such jurisdictions who are able to utilize the landfill without the burdens the owner/operator must bear.
F. As a result of having a landfill within its borders, the city faces liability risks under RCRA and CERCLA as well as additional regulatory requirements under both state and federal law which regulatory requirements do not apply to nonowner/operators of landfills. Pursuant to such additional regulatory burdens, the city faces increased liability exposure, which exposure cannot be reasonably ameliorated through insurance or other means.
G. Given the aforementioned, it is in the best interests of the citizens of the city to not only manage the solid waste disposed of in Scholl Canyon so as to effectively and in an environmentally sound manner extend the useful life of the currently available landfill space at Scholl Canyon, but also to insure that appropriate funding is available to meet the regulatory requirements and liability exposure now and in the future.
H. It will be necessary for the city to acquire funds in order to pay for the costs associated with not only formulating effective materials reduction policies in developing methods for extending the use of the life of the landfill, but also to protect the city from any additional costs associated with further regulatory actions and/or liability exposure pursuant to state and/or federal law.
8.56.020 Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings set forth in this section. Reference is made to definitions set forth in Section 8.44.010 of this title which also apply to this chapter:
“Account holder” means any person or entity enumerated in Section 8.56.060(A) of this chapter who disposes or tenders for disposal any waste or refuse as set forth in said section, in the amount of two thousand (2,000) pounds or more at any one (1) time and who shall be required to establish and maintain an account with the operator of the Scholl Canyon landfill.
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28 “Host fee” means and includes a levy of a special use fee which is equal to twenty- five (25) percent of the prevailing schedule of fees charged for the disposal of refuse or solid waste at the Scholl Canyon landfill.
“Prevailing schedule of fees” means the currently assessed fees imposed on all account holders of Scholl Canyon landfill.
8.56.030 Scholl Canyon landfill.
Whenever a qualified user disposes of solid waste or refuse at the Scholl Canyon landfill, such qualified user shall pay a host fee equal to a charge of twenty-five (25) percent in excess of the prevailing schedule of fees charged for the disposal of solid waste at Scholl Canyon landfill. There is specifically exempted from the imposition of this host fee all solid waste disposed of by collection vehicles owned and operated by the city.
8.56.060 Disposal of refuse prohibited.
A. No individual, partnership, committee, association, corporation, public agency, public entity or any other organization or group of persons, public or private, shall dispose or tender for disposal within the city, any refuse or waste which has its origin within any city which either owns, operates, maintains or regulates a Class I or Class III nonrestricted sanitary landfill as defined by the State Water Resources Control Board, or is entitled to the use or possession of a Class I or Class III nonrestricted sanitary landfill site within its municipal limits. Furthermore, a wasteshed area is identified as the only geographical area and the communities within, permitted to use Scholl Canyon landfill for the disposal of acceptable wastes that originate within such area. The director of public works shall restrict or limit the use of Scholl Canyon landfill to any community in the defined wasteshed area which fails to undertake and implement waste reduction measures approved by the director of public works and aimed at limiting the amount of refuse deposited at Scholl Canyon landfill. The wasteshed area is specifically described as the Los Angeles County incorporated cities of Glendale, La Canada Flintridge, Pasadena, South Pasadena, San Marino and Sierra Madre; the Los Angeles County unincorporated communities known as Altadena, La Crescenta, Montrose; the unincorporated area bordered by the incorporated cities of San Gabriel, Rosemead, Temple City, Arcadia and Pasadena; and the unincorporated area immediately to the north of the city of San Marino bordered by the city of Pasadena on the west, north and east sides.
B. Every account holder shall complete, no less than once each calendar year, a city refuse disposal reporting form and submit such reporting form on or before the first day of March following the close of the calendar year to the office of the integrated waste management section. More frequent reporting or additional information may be required from time to time of account holders, if, at the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. All other persons or entities as defined in subsection A of this section, who are not account holders 153 of 224
29 seeking to dispose or tender for disposal waste at the Scholl Canyon landfill, shall provide all necessary information for any surveys taken of users at the Scholl Canyon landfill if, in the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. Any person or entity, whether or not an account holder, attempting to dispose or tender for disposal any waste or refuse at the Scholl Canyon landfill who does not comply with the requirements of this section shall be prohibited from disposing or tendering for disposal such waste until the necessary information and reports are provided.
8.56.100 Permit—Exemptions.
A solid waste services permit shall not be required of scrap metal dealers, junk dealers, household cleanup service firms, and other companies that, in the ordinary course of performing their primary business function, incidentally transport solid waste.
However, if any such companies perform services for customers where their primary function is to collect and transport solid waste, then such companies are required to obtain a solid waste services permit for those customers. Solid waste services permits shall not be required of firms that primarily collect recyclable materials and are not paid by any customer in the city for that collection.
8.56.110 Effective date.
The solid waste services permit will be required of solid waste services providers beginning July 1, 1993. The AB 939 fee will be based on gross receipts received for service provided on and after July 1, 1993.
8.56.130 Application and renewal of permits.
A. Application Information. New applications and renewal applications for solid waste services permits shall be made on forms provided by the director of public works, or the director’s designee. Beginning in 1994, renewal applications must be received each year by April 30th. Both new applications and renewal applications shall include the following information:
1. The name, address and phone number of the applicant. If the firm operates under more than one name, all names under which the firm will be operating in the city shall be listed;
2. A description of the types of solid waste services to be provided by the applicant (i.e., collection, recycling, roll-off);
3. A listing of all solid waste collection or recycling vehicles, by type, to be operated in the city;
4. The location where all vehicles will be kept;
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30 5. A statement by the applicant that the applicant understands, and will comply with, the terms and conditions of this chapter;
6. Any other information the director of public works, or the director’s designee, may require.
B. Application Review. Upon receipt, the director of public works, or the director’s designee, shall review the application for conformity with the requirements of this chapter. In the case of applicants who have previously held a solid waste services permit, the director shall take into consideration the applicant’s prior performance in complying with the terms and conditions of this chapter in deciding whether or not to renew the permit. If the application, and the applicant’s prior performance, is determined to be in compliance with this chapter, the application shall be approved and the permit shall be issued. If the director decides not to approve the application and not issue the permit, the applicant shall be advised in writing of the grounds for the rejection. The applicant shall have the right to appeal any decision of the public works director by filing with the city manager within ten days of any decision a written appeal specifying the reasons for the appeal. The decision of the city manager on the appeal shall be final.
C. Changes in Application Information. All applicants and/or permittees shall provide prior notification to the public works director of any change in the information provided in the application.
8.56.140 Conditions of permit.
A. Reporting. All solid waste services permittees shall complete quarterly city solid waste services reporting forms for solid waste collected within the city and submit such reports within forty-five days following the end of each calendar quarter to the office of the integrated waste management section. For example, for the three months ending September 30th, the forms would be due on the following November 15th. Such city solid waste services reporting forms shall be completed with the best available data.
The forms shall be submitted for every calendar quarter, even if the permittee has no activity in Glendale during a particular period. Solid waste service providers who have not complied in the submission of the quarterly city solid waste reporting forms for solid waste collected in the city will be subject to the enforcement provisions of Section 8.56.160.
B. Fee Payment. All solid waste services permittees shall remit to the city an AB 939 fee pursuant to Section 8.56.150.
C. Maintain Adequate Records. All solid waste services permittees shall maintain records adequate to enable the city to verify the proper payment of fees and to monitor waste collection activities.
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31 D. Access to Records and Confidentiality. All solid waste services permittees shall give the city, or the city’s representative, access to their company’s financial and operational records in order that the city may verify the proper payment of fees and accurate reporting of financial and waste tonnage information to the city. All such records will be left with the permittee unless the review reveals discrepancies that cannot be reconciled. In such instances, the case will be referred to the city attorney.
E. Indemnification. All solid waste permittees shall indemnify and hold harmless the city, and its officers and employees, from any and all losses, costs, damages and expenses of liability which may result from or arise out of granting the permit, including liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
F. Compliance with All Laws. All solid waste services permittees must comply with all laws of the United States, the state of California, Los Angeles County and the city, and with all applicable federal, state, regional or local regulations, now in force and as they may be enacted, issued or amended during the term of the permit.
G. Records Retention. It shall be the duty of each current and former solid waste services permittee liable for collection and payment of AB 939 fees to the city to keep and preserve for a period of three years, all records as may be necessary to determine amounts of such fees, which records the city shall have the right to inspect at all reasonable times.
8.56.150 AB 939 fees.
A. Purpose and Regulatory Authority. Section 41901 of the California Public Resources Code authorizes a city or county to “impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan.” Section 41902 adds that “a local agency may directly collect the fees authorized by this chapter or may, by agreement, arrange for the fees to be collected by a solid waste hauler providing solid waste collection for the city or county.” B. Use of Fees. The fees collected under this program are to be used exclusively to pay the costs of preparing, adopting and implementing the city’s integrated waste management plans developed pursuant to the State of California Integrated Waste Management Act of 1989 (AB 939), including the administration of the AB 939 fee program.
C. Basis for Assessment. The fee will be calculated by conducting an analysis of the costs of implementation and management of solid waste and recycling, including outreach and education, city staffing and consulting needs and shall be included in each 156 of 224
32 franchise agreement. The fee amount will be established and may be modified by resolution of the city council.
D. Payment Schedule. The fee will be paid quarterly and will be due forty-five (45) days following the end of each calendar quarter in which the gross receipts are received.
E. Late Fees. Payments received more than fifteen (15) days past the due date will be assessed a late charge equal to twenty-five (25) percent of the amount past due.
A monthly interest charge equal to the amount set by resolution for delinquent licenses required by Title 5 shall also be added to the unpaid balance at the end of each subsequent month that the fees remain unpaid.
F. Verification of Proper Payment. Verification of proper payment will be accomplished through periodic reviews of the permittee’s financial and operational information by the city, or the city’s representative.
G. The director of public works may establish shorter reporting periods for any solid waste services permittee if he or she deems it necessary in order to ensure collection of AB 939 fees. Payments of AB 939 amounts are due to the city immediately upon cessation of business for any reason.
8.56.160 Enforcement.
A. Revocation of Permit. The director may revoke or suspend any permit if the permittee has violated a provision of this chapter or any other applicable law or regulation of any public agency. The failure of a permittee to pay the AB 939 fee on or before the due date shall constitute just cause for revocation of the solid waste services permit.
B. Fines. Any person, firm or corporation failing to file solid waste services reporting forms, failing to pay the AB 939 fee, or found operating in the city without a valid solid waste services permit shall be guilty of a misdemeanor subject to the penalties provided under Section 1.20.010 of this code. The city may avail itself of any other legal remedies not specifically delineated in this chapter.
C. Disposal Prohibition. Permittees who are more than fifteen (15) days late in filing any quarterly city solid waste services reporting forms or in paying any AB 939 fees for solid waste collected within the city, shall be prohibited from disposing of solid waste at the city’s Scholl Canyon landfill until all required city solid waste services reporting forms and AB 939 fees are submitted and paid. Any person, firm or corporation who is found to be operating without a solid waste services permit more 157 of 224
33 than once in a twelve (12) month period shall be prohibited from disposing of solid waste at the city’s Scholl Canyon landfill for up to a one (1) year period.
8.56.170 Exclusive franchise for collection services.
A. The city may award contracts for solid waste collection services for commercial businesses through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone.
B. A franchisee’s exclusive right to provide collection services shall not include the right to collect the following materials, the collection of which is not prohibited by this section:
1. Solid waste removed from a commercial business by a self-hauler;
2. Construction and demolition waste;
3. Solid waste collected by the city.
4. Collection of temporary bin service and temporary roll-off service.
8.56.180 Unlawful activities.
A. Provision of Collection Services. Except as provided in Section 8.56.170(B) and Section 8.56.180(B), it is unlawful for any person to provide collection services to a commercial business within a franchise zone unless a written franchise agreement therefore has been executed between such person and the city, and such agreement is in full force and effect.
C. Temporary Services. No person shall provide temporary bin service or temporary roll-off service to a commercial business within a franchise zone unless that person holds a written franchise agreement for any zone in the city, and such agreement is in full force and effect.
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34 8.56.190 Franchise zones.
The director of public works shall divide the territory within the city into four (4) franchise zones, the designation of which shall be subject to the approval of the city council and shall be established and adjusted by resolution of the city council.
8.56.200 Franchise agreement fees.
The director of public works shall include in each franchise agreement a negotiated annual franchise fee to be paid to the city by the respective franchisee. The franchise fee shall reflect a reasonable estimate of the value of the franchise and shall be established and adjusted as necessary by city council by resolution. Franchise fees will be conveyed to the city’s general fund.
8.56.210 Permit requirement for franchisees.
Nothing in Sections 8.56.170 through 8.56.200 relieves any franchisee from the requirement to obtain and maintain a permit pursuant to Sections 8.56.080 through 8.56.160 of this chapter or any other permit or license otherwise required by law for the provision of such services.
SECTION 4. Compliance with California Environmental Quality Act.
The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (“CEQA”) because no possibility exists that the activity in question may have a significant effect on the environment (14 Cal.
Code Regs. (“CEQA Guidelines”) Section 15061(b)(3)), and because it qualifies under the following categorical exemptions: 1) Inspections (Class 9, Section 15309 of CEQA Guidelines) and 2) Enforcement Actions by Regulatory Agencies (Class 21, Section 15309 of CEQA Guidelines).
SECTION 5. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of the Ordinance without the invalid or unconstitutional provision.
SECTION 6. Effective Date.
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35 This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
Adopted by the Council of the City of Glendale on the _______ day of ________, 2024. ______________________________
Mayor
ATTEST:
___________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, _____________________________, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ________________, 2024, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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1 ORDINANCE NO. ____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE AMENDING CHAPTERS 8.44 AND 8.56 OF THE GLENDALE MUNICIPAL CODE, 1995, UPDATING STANDARDS FOR SOLID WASTE AND RECYCLING COLLECTION.
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., requires cities to reduce, reuse, and recycle (including composting) solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 of the Public Resources Code places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, requires businesses and Multi-Family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane, and that the regulations place requirements on multiple entities including Cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollution Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) has declared that it is in the public Interest to authorize and require cities to make adequate provisions for Solid Waste Collection within their jurisdiction; and
WHEREAS, Public Resources Code Section 40059 authorizes the cities to determine all aspects of solid waste handling which are of local concern, including, but 161 of 224
2 not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling service; and
WHEREAS, the City Council has adopted Ordinance No. 5970 adding Section
8.56.170 among others to the Glendale Municipal Code, 1995, authorizing the City to award contracts for solid waste collection services for commercial establishments and multifamily dwellings of five units or more, through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone; and
WHEREAS, requirements in this ordinance are consistent with other adopted goals and policies of the City of Glendale including the City's Zero Waste Plan approved in 2011; and
WHEREAS, the City Council has considered the report dated January 9, 2024, along with the proposed amendments to Chapters 8.44 and 8.56 and by this ordinance amends Title 8 of the Glendale Municipal Code, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Chapter 8.44 of the Glendale Municipal Code, 1995 is amended to read as follows:
8.44.010 Definitions.
The following words and phrases, shall, for the purpose of this chapter have the meanings respectively ascribed to them in this section unless otherwise noted:
“AB 939 Fee” means the fee collected by the city from solid waste service providers used to recover the costs of preparing, adopting and implementing the city’s integrated waste management plan developed pursuant to the state of California’s Integrated Waste Management Act of 1989 (AB 939).
“Automated collection program” means the city’s automated refuse, recycling, and/or organics collection program provided exclusively by the city. “Automated container” or “automated cart” means a specially designed container capable of holding no more than one hundred (100) gallons, which is typically emptied by an automated side-loading collection vehicle.
“Blue container” means a container where either the lid or the body of the container is blue in color. Blue container has the same meaning as in 14 CCR Section 162 of 224
3 18982.2(a)(5) and shall be used for the purpose of storage and collection of only Source-Separated Recyclable Materials.
“Bulky items” means solid waste that cannot or would not typically be accommodated within a bin or cart because of its size or shape, including specifically:
furniture (including chairs, sofas, mattresses, and rugs) and appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”).
Bulky items do not include car bodies, auto parts, tires, construction and demolition Debris, or items requiring more than two persons to remove. “Business,” “commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling with five (5) or more units, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this code.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR) “CalRecycle” means California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as shall have the same meaning as defined in Public Resources Code 14 CCR § 18982(a)(73) and (a)(74) that may be amended from time to time. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
“Commercial waste hauler” means any person or solid waste service provider who loads, collects, hauls, or transports commercial solid waste, that was generated by another person or its employees or subcontractors in the course of providing its principal service, or manufacturing or constructing or assembling its major product; by use of any means, including, but not limited to, a dumpster truck, a side-load, front-load, or rear-load garbage truck, or a trailer, or a compactor. “Compliance review” means a review of private property records by the city to determine compliance with this code.
“Director of public works” means the director of public works or authorized representative.
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4 “Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this code “edible food” is not solid waste if it is recovered and not discarded. Nothing in this code or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. “Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentration of waste of a type and amount normally found in municipal solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food” shall have the same meaning as in Health and Safety Code Section 113781 as may be amended from time to time.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed or as otherwise defined in 14 CCR Section 18982(a)(24) as may be amended from time to time.
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities and shall have the same meaning as defined in Public Resources Code 14 CCR Section 18982(a)(25) as may be amended from time to time.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food scraps excludes fats, oils, and grease when such materials are source-separated from other food scraps.
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5 “Food waste” means food scraps, food-soiled paper, and compostable plastics. “Franchised Hauler” or “Franchisee” means the sole authorized hauler with exclusive right and privilege to provide Solid Waste Collection services within a pre- determined Zone of the City granted by City to Contractor pursuant to the City’s authority under Article 11, Section 7 of the State of California Constitution and Section 40059 of the Public Resources Code.
“Generator” means a person or entity that is responsible for the initial creation of waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Gray container” means a container where either the lid or the body of the container is gray in color. Gray container has the same meaning as in 14 CCR Section 18982.2(a)(28) as may be amended from time to time, and shall be used for the purpose of storage and collection of Refuse.
“Green container” means a container where either the lid or the body of the container is green in color. Green container has the same meaning as defined in 14 CCR 18982.2(a)(29) as may be amended from time to time, and shall be used for the storage and collection of source-separated organic waste. “Gross receipts” means total payment received by solid waste service providers and certified mixed waste processors for the provision of solid waste services, including, but not limited to, receipts for service, container rentals, disposal fees, processing charges and any pass-through fees collected pursuant to AB 939 or as determined by any franchised hauler agreement. Gross receipts do not include proceeds from the sale of recyclable materials to materials brokers, dealers, end users, or a combination thereof.
“Hazardous Waste” means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. ‘Hazardous Waste’ includes all substances defined as Hazardous Waste, Acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117; as well as Section 40141 of the Public Resources Code, Division 30, Part 1, Chapter, and as these may be subsequently defined; or in the future amendments to or recodifications of such statutes, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition. 165 of 224
6 “Large event” has the same meaning as defined in Section18982(a)(38) of the California Public Resources Code as may be amended from time to time, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
“Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this code and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this code and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this code.
“Medical waste” means waste materials regulated pursuant to the Medical Waste Management Act, Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code as may be amended from time to time. “Multi-family residential dwelling” or “multi-family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities. “Organics” and “organic material” means solid organic wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18882(a)(46).
Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are defined by 14 CCR Section 18982(a).
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7 “Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste 14 CCR Section 18982(a)(48) as may be amended from time to time.
“Person” means an individual, association, firm, limited liability company, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.
“Place of business” means the situs of any commercial, industrial, or private nonprofit enterprise, whether operating as a sole proprietorship, partnership, limited liability company, corporation, or otherwise, including, without limitation, any retail or wholesale outlet, hotel or motel, restaurant, market, hospital or other health care facility, or private school, church or club. With the exception of tenants of residential multi-family properties, each tenant of a commercial building is a separate place of business. “Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source-separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source-separated green container organic waste for the city’s green container; (3) discarded materials placed in the gray container that are acceptable source-separated recyclable materials and or source- separated green container organic wastes to be placed in the city’s green container and or blue container; and excluded waste placed in any container. “Recyclable material” and “recyclables” means non-putrescible and non- hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Refuse” means discarded waste or garbage that may be mixed with or contain nonorganic material, or processed industrial materials. The term is used interchangeably with gray container waste. ‘Refuse’ does not include any construction and demolition debris generated from applicable projects as defined in Chapter 8.58 of this title.
“Residential property” means of, from, or pertaining to a single-family home or properties with two to four units who receive collection services directly from the city. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 29730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction 167 of 224
8 targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “Self-hauler” means a person, who hauls refuse, recyclables or organic material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). ‘Backhaul’ means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Solid waste” or “Municipal Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
“Source-separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the code, source-separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source-separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing. “Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
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9 If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this code.
“Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(73) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this code.
“Universal waste” means household electronics and equipment that may be considered hazardous upon disposal, or as otherwise defined in the California Code of Regulations (CCR) at Title 22 Social Security Division 4.5, Environmental Health Standards for the Management of Hazardous Waste, and as that section may be subsequently amended.
8.44.020 Safe and sanitary storage.
The primary responsibility for proper handling of solid waste generated or accumulated on any premises shall be on the generator of the solid waste. Should the generator refuse, neglect or fail to provide for the proper handling of solid waste in accordance with this chapter, the owner of the premises within or upon which the solid waste had been generated or accumulated shall provide for proper handling of the solid waste in accordance with the provisions of this chapter.
No person shall dump, deposit, place, burn or bury in or upon any lot, public space, or in water or waterway, any refuse, organics, recyclable material, deleterious or offensive substances. This section shall not apply to any land used by the city as a disposal or reclamation site.
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10 8.44.030 Accumulation of material.
Premises will be kept in a clean and sanitary condition, and any refuse shall not be permitted to accumulate on premises for a period in excess of one (1) calendar week, except as provided for in Section 8.44.040. Organics or other recyclable material shall not be permitted to accumulate on premises for a period of more than fifteen (15) days; provided, however, that this provision shall not be construed to interfere with any person keeping building materials upon premises during the construction, reconstruction or repair of a building or structure thereon under a current valid building permit, keeping of wood neatly piled upon such premises for household use, nor managing a backyard composting area that is properly maintained.
8.44.040 Minimum collection schedules.
To prevent propagation of nuisances, refuse, recyclables, and organic material shall not be allowed to remain on the premises for more than the period allowed by Section 8.44.030, except when:
A. Disruptions occur due to strike; or
B. Severe weather conditions or “Acts of God” make collection impossible using normal collection equipment; or
C. Official holidays interrupt the normal seven (7) day collection cycle in which case collection may be postponed until the next working day; or D. Where deemed necessary by the director of public works that more frequent removal of refuse shall be required for the protection of public health.
8.44.050 Ownership of materials.
Title to materials becomes the property of the collector once placed in the collection containers and placed at an area for servicing by the collector. Title to any prohibited material placed in collection containers shall remain with the generator unless expressly accepted by the collector. All ownership and the rights to recyclable material shall be vested to the collector once such recyclables have been placed in the designated collection container by the resident or commercial entity. All ownership and title rights to recyclable materials shall be transferred to the authorized collector at the time the collector removes the material from the designated collection location. Scavenging is prohibited in the city.
8.44.060 Prohibited material.
A. No person shall place or deposit in any refuse, recyclable material, or organics container for collection pursuant to this chapter, excluded wastes, hypodermic needles, medicines, pills, medical waste, rocks, electronic waste; human waste and other 170 of 224
11 potentially infectious material, poisons, caustic acids, motor oils, liquids of any kind, explosives, asbestos; or similar dangerous substances, or hazardous waste as defined in Public Resources Code Section 40141, or low level radioactive waste regulated under Chapter 7.6 of Division 20 of the Health and Safety Code, or medical waste regulated under Chapter 6.1 of Division 20 of the Health and Safety Code.
B. Under no circumstances shall clothing, bedding, or other articles from any home or place where any infectious or contagious disease has prevailed be deposited in such container. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the city and shall dispose of articles which are or might be affected in accordance with directions.
C. No person shall place the body of any dead animal in any street or park or in any gray container, green container or blue container. The bodies of any dead animals shall be promptly removed as directed by the appropriate local agency.
D. No person shall place in the city residential collection service container any item which is too large or heavy to be included for regular solid waste collection.
8.44.070 Bulky items and universal waste.
Residential property customers shall be allowed to place waste which by reason of its character cannot practically be placed in such receptacles, including bulky items and universal waste, upon advance notice to the City.
The city shall receive requests for and provide for the collection of certain bulky items and universal waste from residential property customers of the city who shall request such service. No bulky items or universal waste shall be collected from private property. All bulky items and universal waste shall be placed at and atop the curb, and not in the street or alley, and should be a minimum of five (5) feet away from any fixed object or parked vehicle.
8.44.080 Collection requirements—All generators.
A. Waste generators shall source-separate their waste into recyclables, organics, and refuse. Generators shall place source-separated yard trimmings and organic waste, including food scraps, in the green container; source-separated recyclable materials in the blue container; and refuse in the gray container. The city may determine that streams can be combined in the event that the city or a city-permitted hauler is able to collect materials as a single stream for delivery to a state-certified high-diversion organic waste processing facility.
B. No generator may mix recyclables, organics or refuse, or deposit one type in a collection container designated for another type, except as provided for in this chapter.
Generators shall not place prohibited container contaminants in the green, blue or gray containers.
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12 C. Residential waste generators shall subscribe to the city’s gray container, blue container and green container collection services for all waste generated. Commercial waste generators shall subscribe to gray container, blue container and green container services provided by the designated commercial franchised hauler. Generators may additionally manage their waste by preventing or reducing waste, managing organic waste on site, self-hauling organics or recyclables, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
D. It shall be the responsibility of the generator whose solid waste was not removed because it contained recyclables or organics to properly separate materials from the uncollected refuse for proper recycling. Allowing such unseparated solid waste to accumulate as per Section 8.44.030 will be considered a violation of this code.
E. The generator is responsible for ensuring that materials are confined in the collection container in a way that would prevent spillage on streets.
8.44.081 Collection requirements— Residential property generators.
A. On the collection day designated by the city, occupants of those places or premises participating in the city’s automated refuse collection programs shall place the automated containers along the street curb in front of the premises, or along the alley in the rear thereof depending upon whether the prescribed collection route is along the street or alley. Automated containers shall be placed at the edge of the curb on either side of the driveway in front of the premises at a minimum of three (3) feet from any parked car and at a minimum of one (1) foot between each automated cart. Such containers shall be placed so that the embossed arrow on the lid faces the street.
B. No person shall place any container in any public highway, street, or alley at any place other than on the collection day established by the city on the particular route.
No container shall be placed for collection before 3:00 p.m. on the day immediately prior to the scheduled collection day. No person shall permit the containers to remain on or immediately adjacent to a street or alley after 8:00 p.m. of the collection day.
8.44.082 Collection requirements—Commercial generators.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
A. Subscribe to and pay for collection services for all waste generated.
Businesses and multi-family residential dwellings that generate more than two (2) cubic yards per week must subscribe to collection services for recyclable and organic material from the designated franchise hauler. Owners of such properties are responsible for any failure to subscribe to or pay for sufficient levels of collection service. Nothing in this section shall preclude a generator from self-hauling recyclable or organic material generated at the property to a recycling facility or composting site as long as the business holds a properly executed exemption from the city. 172 of 224
13 B. Provide an accessible location for sufficient levels of service with collector(s) for refuse, recyclables, and organics, except as provided for in this code.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, and tenants, consistent with the city’s collection service requirements or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program.
The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate the adequacy of capacity provided for each type of collection service for proper separation and containment of materials, and businesses shall adjust their service level for their collection services as requested by the city.
D. Excluding multi-family residential dwellings, provide for the collection of source-separated recyclable and organic materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where refuse disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the businesses shall have either:
1. A body or lid that conforms with the container colors specified in Section 8.44.080. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life for those containers, or prior to January 1, 2036, whichever comes first. Multi-family residential dwellings are not required to comply with this requirement.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. Multi-family residential dwellings are not required to comply with this requirement.
E. Participate in collection service(s) by placing designated materials in designated containers.
F. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.44.083.
G. To the extent practicable through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the franchised hauler’s 173 of 224
14 blue container, green container, and gray container collection service requirements or, if self-hauling recyclables or organics material, per the commercial businesses’ instructions to support its compliance with its self-haul program.
H. Excluding multi-family residential dwellings, periodically inspect blue, green, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
I. Annually provide information to employees, contractors, tenants, and customers about waste diversion requirements and about proper sorting of source- separated green container organic waste and source-separated blue container recyclable materials.
J. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source- separated green container organic waste and source-separated blue container recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.
K. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
L. If the collection service is provided by a permitted hauler who collects material as a single stream and delivers material to a high diversion facility, all materials may be placed in a gray container.
M. If a commercial business wants to self-haul recyclables or organics material, generators must meet the self-haul requirements of this chapter.
N. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
8.44.083 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food service providers as defined by Section 113789 of the Health and Safety Code operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024. 174 of 224
15 C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city’s designated enforcement agent or designated third party enforcement agent to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. Nothing in this code shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on 175 of 224
16 September 25, 2017, which added Article 13 [commencing with Section 49580], to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.44.084 Requirements for food recovery organizations and services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food.
B. Food recovery organization is collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to
14. CCR Section 18991.3(b).
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17 8.44.085 Food recovery capacity planning.
Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.
8.44.086 Collection service requirements at commercial special events.
For a community special event requiring a commercial special event permit from the city, the permit holder shall provide recycling receptacles throughout the event venue. The number of recycling receptacles shall equal the number of solid waste receptacles, placed next to each other, and be clearly marked to identify recyclables and organics to insure proper recycling. For events with a collection service provided by a single-stream hauler, outreach materials must provide information to that effect. The responsible permit holder shall ensure the delivery of materials to a recycling center or a certified high-diversion material processing facility, and shall not be delivered to a landfill for disposal.
8.44.090 Receptacles—General requirements.
A. Except as provided in subsection B of this section, every person having charge or control of any place or premises in the city where gray container waste, blue container materials and green container materials accumulates shall place and keep the same in a receptacle of the type or kind prescribed by the director of public works; provided, that where such solid waste is of such character that it is impractical to place it in such receptacles, as determined by the director of public works, such solid waste need not be placed therein. Persons having charge or control of such receptacles shall keep them free from all rough or jagged surfaces which would be likely to cause injury to persons lifting them.
B. Occupants of those places or premises that are included in the City’s automated refuse collection program shall place and keep all gray container waste, blue container material and green container material accumulating on such premises only in the designated collection containers obtained for city services for use in the automated collection programs. Such automated containers shall remain at all times the property of the city. At no time and under no circumstances shall automated container(s) be moved or removed from the place or premises to which they were assigned. Such automated containers will be repaired and maintained by the city at no additional cost provided the damage is not due to customer abuse or negligence. Automated containers that are stolen will be replaced at no cost.
C. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service 177 of 224
18 for proper separation of materials and containments of materials; and generators shall adjust service levels for its collection services as requested by the city.
8.44.091 Receptacles—Dimensions.
A. Except as otherwise provided in this chapter, the receptacles in which refuse shall be placed and kept for collection by the city or by private collectors, shall be sturdy, of durable metal or plastic, tapered, and with tight-fitting lids or disposable paper or plastic bags manufactured for the purpose of keeping refuse as defined in Section 8.44.010. Each receptacle shall be of the type which does not permit the contents thereof to sift or pass through any openings therein. Each receptacle shall have a tight-fitting lid which secures to the receptacle in such a manner as to prevent as best as practicable the entry therein by coyotes, dogs, cats, rodents or other animals.
Size or weight limitations do not apply to metal bins that are to be handled by mechanical means.
B. Occupants of those places or premises included in the City’s automated collection program shall use only the approved automated refuse containers for such programs to be obtained exclusively through the city.
8.44.092 Receptacles—Name of businesses printed legibly.
Except as otherwise provided in this chapter for participants in the automated refuse collection program, each receptacle used by a place of business shall have street number of the business marked clearly and legibly upon the receptacle’s outer surface in letters at least two (2) inches in height.
8.44.093 Receptacles—Commercial and industrial.
Every waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals, not less than two (2) inches in height, such waste collector’s name or firm name and telephone number.
8.44.094 Receptacles—Separate units required.
A. Each residential property, each place of business and each multi-family residential dwelling accumulating or producing refuse shall provide its own receptacle or receptacles or shall use the receptacles furnished by the city or the city’s designated franchised hauler as provided in this chapter for keeping, depositing or accumulating refuse originating on the premises.
B. No person shall cause to be deposited or shall deposit any refuse in any receptacle of a place of business or multiple dwelling or apartment house with which such person is not directly connected.
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19 8.44.095 Receptacles—Cleaning.
It shall be the responsibility of the generator to ensure that all refuse bins and containers are kept thoroughly cleaned and all grease and adherent materials removed on a regular basis to control odor, residual debris and contaminants.
8.44.096 Receptacles—Maintenance of receptacle area.
Every owner, tenant, occupant or person owning or having the care of any premises shall keep his or her premises in a clean and sanitary condition, and no person shall permit any sewage effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animals, rubbish, cans, wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premises owned or occupied by him or her or under his or her control, except as otherwise provided by law.
8.44.100 Fees—Liability—Billing.
The council finds that the periodic collection of refuse from all places in the city benefits all occupants of places and premises in the city and, therefore, all such persons are made liable for the refuse collection fees prescribed by this chapter. In the case of premises serviced by the City’s collection service containing more than one (1) dwelling unit or place of business or both, which are served by a single electric meter, such fees may be billed to the landlord who shall collect such fees levied against the occupants of the dwelling units on such premises and shall transmit the amount so collected to the city. In the event the landlord fails to collect such fees from any such occupant and remit the same to the city the landlord shall be liable to the city for payment of such fees.
8.44.110 Collection charges—Established by council.
All charges for refuse collection shall be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the City Clerk. The director of public works shall, with the approval of the city manager, recommend changes in the above fees when the cost of refuse collection makes it appropriate.
8.44.111 Collection charges—Payment.
A Payments for regular collection services provided by the City shall be payable to the City. Payments for collection services provided by a City-designated franchised hauler shall be payable directly to that franchised hauler.
B. Special service charges for other than regular collections shall be payable to the city’s duly authorized representative upon presentation of a bill for such services.
8.44.112 Collection charges—Advance payment—Refund.
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20 Minimum fees paid in advance for city-provided services may be refunded upon the approval of the director of public works for any calendar month or major fraction thereof during which the applicant for refund was not an occupant or in legal possession of the premises for which the fee was paid. Application for refund shall be filed with the director of public works within six (6) months after expiration of the calendar month for which the refund is sought and shall be made upon forms prescribed by the director of public works.
8.44.120 Fee—Debt against occupant.
A fee imposed by this chapter shall be a civil debt owing to the city from the persons receiving the service.
8.44.130 Collection—Authority.
The director of public works shall supervise the collection and removal of all refuse, recyclable material, and organics in the city.
A. Commercial Waste Hauler Collection Services. The director of public works shall have the authority to promulgate rules and regulations concerning the collection and management of materials by commercial franchised haulers operating within the city.
B. The director of public works may make such rules not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of refuse, recyclable material, and organics within the city.
8.44.131 Collection—Limitation on quantity.
A. Service levels and frequency for commercial collection services shall be determined by the generator in consultation with the City’s franchised hauler. All material must be contained in the bin or cart provided by the City’s franchised hauler. If collection of additional quantities of refuse is desired application shall first be made for additional service to the City’s franchised hauler.
B. The person in charge of the place of business is responsible for the care and cleanliness of the container. The container remains the property of the franchised hauler providing the collection service.
8.44.140 Backyard composting and management of organics.
Residents shall be allowed to compost organic waste in their backyards, or at city- designated regional gardens where compostable organics are managed. Residents who participate in backyard composting must maintain their composting area in accordance with acceptable standards and regulations set forth by the city and the Los Angeles 180 of 224
21 County health department. Materials allowed for composting in backyards include all garden waste, food waste with the exception of diseased or insect infested plants, animal wastes or meat and dairy wastes. All composting areas must be maintained to minimize the potential for odors and rodents. Moisture should be regulated to eliminate any standing waste near or around the composting area. Nothing shall preclude a resident to allow the removal of green material from the property by a landscaper.
8.44.150 Self-hauler requirements.
Nothing in this chapter shall limit the right of any person or business to donate, sell, or transport recyclable or organic material that they generate to a facility that holds all applicable permits provided that any such activity is in accordance with the provisions of this chapter. The ownership of recyclable materials is considered the property of the generator, until the material is placed in the authorized collector’s container.
A. Self-haulers shall source-separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. Self-haulers shall haul their source-separated recyclable materials to a facility that recovers those materials; and haul their source-separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source-separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses (including multi-family self- haulers) must register with the city, and shall provide information collected in subsection C to the city.
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22 E. A residential organic waste generator that self-hauls organic waste is not required to record or report this information.
8.44.160 Waivers for generators.
A. De Minimis Waiver. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below, commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a green container comprises less than twenty (20) gallons per week per applicable container of the business’ total waste; or
b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a green container comprises less than ten (10) gallons per week per applicable container of the business’ total waste.
2. Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
3. Provide written verification of eligibility for de minimis waiver every five (5) years, if the city has approved a de minimis waiver.
B. Physical Space Waiver. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
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23 3. Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has an approved application for a physical space waiver.
C. Review and Approval of Waivers by City. An application for a waiver shall be submitted to the city on a form prescribed by the city. After reviewing the request, the city shall either approve or disapprove the waiver request. Only the city has authority to issue a waiver and this authority cannot be delegated to a private entity pursuant to SB 1383 regulations.
A business subscribed to a single-stream collection service provided by its hauler is not considered exempt from the diversion requirement since the material diversion service is being provided by the hauler.
8.44.165 Diversion requirements for haulers and facility operators.
A. Haulers providing commercial or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
1. Through written notice to the city annually on or before July 1, 2021, identify the facilities to which they will transport organic waste including facilities for source- separated recyclable materials, source-separated organic waste, and mixed waste.
2. Transport source-separated recyclable materials, source-separated organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the city to haul organic waste, unless it is transporting source-separated organic waste to a community composting site or lawfully transporting construction and demolition materials in a manner that complies with 14 CCR Section 18989.1, Section 8.44.070 of this chapter, and Glendale Municipal Code Chapter 8.58.
4. Haulers with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly- owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, 183 of 224
24 including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.
2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days.
8.44.170 Inspections and investigations by city.
A. City representatives and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, disposal facility for materials collected from generators, or source-separated materials to confirm compliance with this code by organic waste generators, commercial businesses, property owners, commercial edible food generators, commercial waste haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or its designee to enter the interior of a private residential property for inspection.
B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this code and may result in penalties described.
C. Any records obtained by the city during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives and/or designees are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
8.44.180 Enforcement.
A. Violation of any provision of this chapter shall constitute grounds for administrative citation under Chapter 1.24 of this code, subject to all procedures of that section, except as otherwise indicated in this chapter. The director of public works or their designee shall have and exercise the power:
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25 1. To issue notices of violation in accordance with the provisions of this chapter.
2. To issue administrative citations for the violation of any of the provisions of this chapter.
3. To conduct inspections and investigations according to the provisions of this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
C. Process for Enforcement.
1. The director of public works or a designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.
2. The city may issue an official notification to notify regulated entities of its obligations under this chapter. Notices will be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
3. For incidences of prohibited container contaminants found in containers, the city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within three (3) days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents addressed under subsection (C)(3), the city shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s administrative citation procedure contained in Chapter 1.24.
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26 D. Penalty Amounts for Types of Violations. Penalty amounts for a first, second, and third violation of provisions of this chapter shall be established or modified by resolution of the city council.
E. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with subsection A if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
F. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
G. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
SECTION 3. Chapter 8.56 of the Glendale Municipal Code, 1995 is amended to read as follows: The council of the city finds and declares as follows:
8.56.010 Findings
A. The city presently owns approximately three hundred forty-five (345) acres of land, known as Scholl Canyon landfill, situated in the city, which is currently used for the disposal of solid waste generated within the city and in surrounding jurisdictions. 186 of 224
27 B. Over the past ten (10) years, an average of six hundred thousand (600,000) tons of solid waste has been deposited annually in the Scholl Canyon landfill.
C. It is anticipated that the remaining landfill space at Scholl Canyon would be exhausted at or near the year 2008.
D. A unified city policy should be formulated to ensure the prolonged life of the landfill space at Scholl Canyon.
E. The use of Scholl Canyon landfill by surrounding jurisdictions creates a benefit for such jurisdictions who are able to utilize the landfill without the burdens the owner/operator must bear.
F. As a result of having a landfill within its borders, the city faces liability risks under RCRA and CERCLA as well as additional regulatory requirements under both state and federal law which regulatory requirements do not apply to nonowner/operators of landfills. Pursuant to such additional regulatory burdens, the city faces increased liability exposure, which exposure cannot be reasonably ameliorated through insurance or other means.
G. Given the aforementioned, it is in the best interests of the citizens of the city to not only manage the solid waste disposed of in Scholl Canyon so as to effectively and in an environmentally sound manner extend the useful life of the currently available landfill space at Scholl Canyon, but also to insure that appropriate funding is available to meet the regulatory requirements and liability exposure now and in the future.
H. It will be necessary for the city to acquire funds in order to pay for the costs associated with not only formulating effective materials reduction policies in developing methods for extending the use of the life of the landfill, but also to protect the city from any additional costs associated with further regulatory actions and/or liability exposure pursuant to state and/or federal law.
8.56.020 Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings set forth in this section. Reference is made to definitions set forth in Section 8.44.010 of this title which also apply to this chapter:
“Account holder” means any person or entity enumerated in Section 8.56.060(A) of this chapter who disposes or tenders for disposal any waste or refuse as set forth in said section, in the amount of two thousand (2,000) pounds or more at any one (1) time and who shall be required to establish and maintain an account with the operator of the Scholl Canyon landfill.
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28 “Host fee” means and includes a levy of a special use fee which is equal to twenty- five (25) percent of the prevailing schedule of fees charged for the disposal of refuse or solid waste at the Scholl Canyon landfill.
“Prevailing schedule of fees” means the currently assessed fees imposed on all account holders of Scholl Canyon landfill.
8.56.030 Scholl Canyon landfill.
Whenever a qualified user disposes of solid waste or refuse at the Scholl Canyon landfill, such qualified user shall pay a host fee equal to a charge of twenty-five (25) percent in excess of the prevailing schedule of fees charged for the disposal of solid waste at Scholl Canyon landfill. There is specifically exempted from the imposition of this host fee all solid waste disposed of by collection vehicles owned and operated by the city.
8.56.060 Disposal of refuse prohibited.
A. No individual, partnership, committee, association, corporation, public agency, public entity or any other organization or group of persons, public or private, shall dispose or tender for disposal within the city, any refuse or waste which has its origin within any city which either owns, operates, maintains or regulates a Class I or Class III nonrestricted sanitary landfill as defined by the State Water Resources Control Board, or is entitled to the use or possession of a Class I or Class III nonrestricted sanitary landfill site within its municipal limits. Furthermore, a wasteshed area is identified as the only geographical area and the communities within, permitted to use Scholl Canyon landfill for the disposal of acceptable wastes that originate within such area. The director of public works shall restrict or limit the use of Scholl Canyon landfill to any community in the defined wasteshed area which fails to undertake and implement waste reduction measures approved by the director of public works and aimed at limiting the amount of refuse deposited at Scholl Canyon landfill. The wasteshed area is specifically described as the Los Angeles County incorporated cities of Glendale, La Canada Flintridge, Pasadena, South Pasadena, San Marino and Sierra Madre; the Los Angeles County unincorporated communities known as Altadena, La Crescenta, Montrose; the unincorporated area bordered by the incorporated cities of San Gabriel, Rosemead, Temple City, Arcadia and Pasadena; and the unincorporated area immediately to the north of the city of San Marino bordered by the city of Pasadena on the west, north and east sides.
B. Every account holder shall complete, no less than once each calendar year, a city refuse disposal reporting form and submit such reporting form on or before the first day of March following the close of the calendar year to the office of the integrated waste management section. More frequent reporting or additional information may be required from time to time of account holders, if, at the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. All other persons or entities as defined in subsection A of this section, who are not account holders 188 of 224
29 seeking to dispose or tender for disposal waste at the Scholl Canyon landfill, shall provide all necessary information for any surveys taken of users at the Scholl Canyon landfill if, in the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. Any person or entity, whether or not an account holder, attempting to dispose or tender for disposal any waste or refuse at the Scholl Canyon landfill who does not comply with the requirements of this section shall be prohibited from disposing or tendering for disposal such waste until the necessary information and reports are provided.
8.56.100 Permit—Exemptions.
A solid waste services permit shall not be required of scrap metal dealers, junk dealers, household cleanup service firms, and other companies that, in the ordinary course of performing their primary business function, incidentally transport solid waste.
However, if any such companies perform services for customers where their primary function is to collect and transport solid waste, then such companies are required to obtain a solid waste services permit for those customers. Solid waste services permits shall not be required of firms that primarily collect recyclable materials and are not paid by any customer in the city for that collection.
8.56.110 Effective date.
The solid waste services permit will be required of solid waste services providers beginning July 1, 1993. The AB 939 fee will be based on gross receipts received for service provided on and after July 1, 1993.
8.56.130 Application and renewal of permits.
A. Application Information. New applications and renewal applications for solid waste services permits shall be made on forms provided by the director of public works, or the director’s designee. Beginning in 1994, renewal applications must be received each year by April 30th. Both new applications and renewal applications shall include the following information:
1. The name, address and phone number of the applicant. If the firm operates under more than one name, all names under which the firm will be operating in the city shall be listed;
2. A description of the types of solid waste services to be provided by the applicant (i.e., collection, recycling, roll-off);
3. A listing of all solid waste collection or recycling vehicles, by type, to be operated in the city;
4. The location where all vehicles will be kept;
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30 5. A statement by the applicant that the applicant understands, and will comply with, the terms and conditions of this chapter;
6. Any other information the director of public works, or the director’s designee, may require.
B. Application Review. Upon receipt, the director of public works, or the director’s designee, shall review the application for conformity with the requirements of this chapter. In the case of applicants who have previously held a solid waste services permit, the director shall take into consideration the applicant’s prior performance in complying with the terms and conditions of this chapter in deciding whether or not to renew the permit. If the application, and the applicant’s prior performance, is determined to be in compliance with this chapter, the application shall be approved and the permit shall be issued. If the director decides not to approve the application and not issue the permit, the applicant shall be advised in writing of the grounds for the rejection. The applicant shall have the right to appeal any decision of the public works director by filing with the city manager within ten days of any decision a written appeal specifying the reasons for the appeal. The decision of the city manager on the appeal shall be final.
C. Changes in Application Information. All applicants and/or permittees shall provide prior notification to the public works director of any change in the information provided in the application.
8.56.140 Conditions of permit.
A. Reporting. All solid waste services permittees shall complete quarterly city solid waste services reporting forms for solid waste collected within the city and submit such reports within forty-five days following the end of each calendar quarter to the office of the integrated waste management section. For example, for the three months ending September 30th, the forms would be due on the following November 15th. Such city solid waste services reporting forms shall be completed with the best available data.
The forms shall be submitted for every calendar quarter, even if the permittee has no activity in Glendale during a particular period. Solid waste service providers who have not complied in the submission of the quarterly city solid waste reporting forms for solid waste collected in the city will be subject to the enforcement provisions of Section 8.56.160.
B. Fee Payment. All solid waste services permittees shall remit to the city an AB 939 fee pursuant to Section 8.56.150.
C. Maintain Adequate Records. All solid waste services permittees shall maintain records adequate to enable the city to verify the proper payment of fees and to monitor waste collection activities.
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31 D. Access to Records and Confidentiality. All solid waste services permittees shall give the city, or the city’s representative, access to their company’s financial and operational records in order that the city may verify the proper payment of fees and accurate reporting of financial and waste tonnage information to the city. All such records will be left with the permittee unless the review reveals discrepancies that cannot be reconciled. In such instances, the case will be referred to the city attorney.
E. Indemnification. All solid waste permittees shall indemnify and hold harmless the city, and its officers and employees, from any and all losses, costs, damages and expenses of liability which may result from or arise out of granting the permit, including liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
F. Compliance with All Laws. All solid waste services permittees must comply with all laws of the United States, the state of California, Los Angeles County and the city, and with all applicable federal, state, regional or local regulations, now in force and as they may be enacted, issued or amended during the term of the permit.
G. Records Retention. It shall be the duty of each current and former solid waste services permittee liable for collection and payment of AB 939 fees to the city to keep and preserve for a period of three years, all records as may be necessary to determine amounts of such fees, which records the city shall have the right to inspect at all reasonable times.
8.56.150 AB 939 fees.
A. Purpose and Regulatory Authority. Section 41901 of the California Public Resources Code authorizes a city or county to “impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan.” Section 41902 adds that “a local agency may directly collect the fees authorized by this chapter or may, by agreement, arrange for the fees to be collected by a solid waste hauler providing solid waste collection for the city or county.” B. Use of Fees. The fees collected under this program are to be used exclusively to pay the costs of preparing, adopting and implementing the city’s integrated waste management plans developed pursuant to the State of California Integrated Waste Management Act of 1989 (AB 939), including the administration of the AB 939 fee program.
C. Basis for Assessment. The fee will be calculated by conducting an analysis of the costs of implementation and management of solid waste and recycling, including outreach and education, city staffing and consulting needs and shall be included in each 191 of 224
32 franchise agreement. The fee amount will be established and may be modified by resolution of the city council.
D. Payment Schedule. The fee will be paid quarterly and will be due forty-five (45) days following the end of each calendar quarter in which the gross receipts are received.
E. Late Fees. Payments received more than fifteen (15) days past the due date will be assessed a late charge equal to twenty-five (25) percent of the amount past due.
A monthly interest charge equal to the amount set by resolution for delinquent licenses required by Title 5 shall also be added to the unpaid balance at the end of each subsequent month that the fees remain unpaid.
F. Verification of Proper Payment. Verification of proper payment will be accomplished through periodic reviews of the permittee’s financial and operational information by the city, or the city’s representative.
G. The director of public works may establish shorter reporting periods for any solid waste services permittee if he or she deems it necessary in order to ensure collection of AB 939 fees. Payments of AB 939 amounts are due to the city immediately upon cessation of business for any reason.
8.56.160 Enforcement.
A. Revocation of Permit. The director may revoke or suspend any permit if the permittee has violated a provision of this chapter or any other applicable law or regulation of any public agency. The failure of a permittee to pay the AB 939 fee on or before the due date shall constitute just cause for revocation of the solid waste services permit.
B. Fines. Any person, firm or corporation failing to file solid waste services reporting forms, failing to pay the AB 939 fee, or found operating in the city without a valid solid waste services permit shall be guilty of a misdemeanor subject to the penalties provided under Section 1.20.010 of this code. The city may avail itself of any other legal remedies not specifically delineated in this chapter.
C. Disposal Prohibition. Permittees who are more than fifteen (15) days late in filing any quarterly city solid waste services reporting forms or in paying any AB 939 fees for solid waste collected within the city, shall be prohibited from disposing of solid waste at the city’s Scholl Canyon landfill until all required city solid waste services reporting forms and AB 939 fees are submitted and paid. Any person, firm or corporation who is found to be operating without a solid waste services permit more 192 of 224
33 than once in a twelve (12) month period shall be prohibited from disposing of solid waste at the city’s Scholl Canyon landfill for up to a one (1) year period.
8.56.170 Exclusive franchise for collection services.
A. The city may award contracts for solid waste collection services for commercial businesses through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone.
B. A franchisee’s exclusive right to provide collection services shall not include the right to collect the following materials, the collection of which is not prohibited by this section:
1. Solid waste removed from a commercial business by a self-hauler;
2. Construction and demolition waste;
3. Solid waste collected by the city.
4. Collection of temporary bin service and temporary roll-off service.
8.56.180 Unlawful activities.
A. Provision of Collection Services. Except as provided in Section 8.56.170(B) and Section 8.56.180(B), it is unlawful for any person to provide collection services to a commercial business within a franchise zone unless a written franchise agreement therefore has been executed between such person and the city, and such agreement is in full force and effect.
C. Temporary Services. No person shall provide temporary bin service or temporary roll-off service to a commercial business within a franchise zone unless that person holds a written franchise agreement for any zone in the city, and such agreement is in full force and effect.
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34 8.56.190 Franchise zones.
The director of public works shall divide the territory within the city into four (4) franchise zones, the designation of which shall be subject to the approval of the city council and shall be established and adjusted by resolution of the city council.
8.56.200 Franchise agreement fees.
The director of public works shall include in each franchise agreement a negotiated annual franchise fee to be paid to the city by the respective franchisee. The franchise fee shall reflect a reasonable estimate of the value of the franchise and shall be established and adjusted as necessary by city council by resolution. Franchise fees will be conveyed to the city’s general fund.
8.56.210 Permit requirement for franchisees.
Nothing in Sections 8.56.170 through 8.56.200 relieves any franchisee from the requirement to obtain and maintain a permit pursuant to Sections 8.56.080 through 8.56.160 of this chapter or any other permit or license otherwise required by law for the provision of such services.
SECTION 4. Compliance with California Environmental Quality Act.
The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (“CEQA”) because no possibility exists that the activity in question may have a significant effect on the environment (14 Cal.
Code Regs. (“CEQA Guidelines”) Section 15061(b)(3)), and because it qualifies under the following categorical exemptions: 1) Inspections (Class 9, Section 15309 of CEQA Guidelines) and 2) Enforcement Actions by Regulatory Agencies (Class 21, Section 15309 of CEQA Guidelines).
SECTION 5. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of the Ordinance without the invalid or unconstitutional provision.
SECTION 6. Effective Date.
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35 This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
Adopted by the Council of the City of Glendale on the _______ day of ________, 2024. ______________________________
Mayor
ATTEST:
___________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, _____________________________, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ________________, 2024, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Police Department Real Time Intelligence Center (RTIC).
1. Resolution to dispense with competitive bidding and authorize the City Manager, or his designee, to enter into a 5-year agreement with Constant Technologies Inc. for the design, engineering, and installation of consoles, video displays, parts, related software, and maintenance for a Real Time Intelligence Center (RTIC) in the amount of $565,600 plus 10% contingency of $56,560 for a total amount not to exceed $622,160.
2. Resolution of appropriation.
COUNCIL ACTION
Item Type: Action Item
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
The Glendale Police Department (GPD) has excelled in retroactively solving crimes and responding to crimes in progress. However, with staffing shortages, the complexity of investigations, and the advent of new and innovative technologies, GPD requires a new approach to solving crimes retroactively and to respond more efficiently and effectively to crimes as they are occurring. The Real Time Intelligence Center (RTIC) will be the central command and control hub for the organization, positioning us to achieve this goal.
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RECOMMENDATION
Approve the resolution to dispense with competitive bidding authorizing the City Manager, or his designee, to enter into a 5-year agreement with Constant Technologies Inc. in the amount of $565,600 plus 10% contingency of $56,560 for a total amount not to exceed $622,160 and the resolution of appropriation from the Asset Forfeiture Fund.
ANALYSIS
The Real Time Intelligence Center (RTIC) will be comprised of the following supportive elements: closed circuit television (CCTV) cameras feeds, Axon livestream BWC / In-Car- Video, automated license plate reader (ALPR) information, unmanned aerial system feeds (drones), helicopter feeds, Live911, and other software platforms.
Closed Circuit Television (CCTV) Cameras
There are many CCTV cameras throughout the city operating on the Milestone platform.
These cameras do not store recorded video and are typically used for live monitoring of traffic conditions by Public Works. In collaboration with Public Works (PW) and Information Technology (ITD) departments, GPD will utilize existing infrastructure where possible and supplement this with additional Pan Tilt Zoom (PTZ) cameras to be purchased and installed by an outside vendor.
GPD and ITD are currently conducting an intensive review of web-based management software solutions to support the real time intelligence center. These systems include the ability to map all resources and quickly gather information to send to field personnel, including patrol officers, detectives, dispatchers, and it will allow command staff the ability to gain better situational awareness to assist in the overall command and control of critical incidents.
The immediate goal is to have Investigative Analysts monitoring camera feeds to coordinate with units in the field. These analysts must already have geographic/operational knowledge of the City of Glendale’s Automated License Plate Readers (ALPR) and CCTV camera placement.
The city currently has Automated License Plate Readers (ALPR) and is in the process of growing the program using grant funding in 2024. ALPR cameras are utilized to find stolen vehicles and vehicles wanted in connection with a crime. Increasing the camera count within the city with the ability to livestream data in the RTIC will provide the ability to be identify and locate these types of vehicles more rapidly.
Axon Body Worn Cameras / In-Car-Video live streaming
GPD will have the ability to livestream Body Worn Camera (BWC) and In-Car-Video footage to be able to locate officers, vehicles, and drones through Axon Enterprise’s Respond software. This will allow for increased situational awareness and the ability to better utilize resources, keeping officers and our community safe. This information will be utilized in the RTIC and relayed to officers, dispatchers, and key decision makers. 197 of 224
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Air Support / Unmanned Aerial System (UAS) Drone Program During significant police events, such as perimeters or searches for criminal suspects, GPD relies first upon air support from our helicopters for an ariel viewpoint. When a helicopter is not available, GPD uses drones to assist in an ariel viewpoint to help aid to the resolution of critical incidents. Both platforms will have the ability to livestream video to the RTIC.
Live911
Live911 technology allows 911 calls to livestream directly to RTIC personnel. The expectation is that this technology will improve officer response times to incidents by allowing RTIC personnel to utilize cameras and LPR technology to get “eyes on” the area of an incident and direct officers more appropriately while providing real time intelligence as officers are responding. This will improve de-escalation by providing additional context to calls, will help keep officers informed and safe through increasing situational awareness, which will improve overall officer and citizen safety.
Summary
While each of these technologies listed above have great stand-alone capabilities, the potential to use them in an integrated fashion is a force multiplier. There have been several recent cases of CCTV, ALPRs, and drones being used in a coordinated manner by our regional partners and throughout the nation to arrest criminals who were involved in crimes ranging from organized retail theft to murder. The cohesive use of technology combined with integrated operational systems has the potential to revolutionize the way GPD keeps our community safe.
In July 2023, the department organized a committee to explore creating a Real Time Intelligence Center within the Police Department.
The RTIC committee attended classes, met with partner agencies, spoke with RTIC experts, and visited multiple police departments already using RTICs to support their operations. The committee gained valuable knowledge in the design, construction, and operation of a RTIC.
Constant Technologies is the only vendor in the market that solely builds RTICs for city, state, and federal government agencies and has built over 2,000 turn-key projects. Other vendors offer a wide variety of Audio Video solutions along with the capabilities of building RTICs, however they do not specialize in it. Constant Technologies has become an industry leader in providing solutions specifically for law enforcement agencies that combine spatial design, display wall deployment, technology integration and custom-built analyst workstation systems.
Constant Technologies completes all work in house, including their furniture construction, so there are no unexpected delays or problems dealing with sub-contractors. They employ retired law enforcement professionals who have real world experience in designing, constructing, and operating RTICs. These professionals not only assist in the design and construction, but with training and operation, so that on day one departments 198 of 224
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are utilizing their RTICs as efficiently as possible.
Through the committee’s evaluation process, quotes were received from different vendors and the proposals vetted with the Real Time Crime Center Association president to ensure the pricing was competitive and the designed solution would work for the department’s space and operation. The committee visited multiple police departments comparing RTIC buildouts and pricing from vendors. Based on this, the committee is confident that the Constant Technologies’ quote incorporated the necessary elements for a successful RTIC design and was priced below market value for comparable projects.
Based upon the President’s confirmation of the quote, the committee’s evaluation of other police department RTIC programs, and the vendor’s specialization with law enforcement agencies, the committee recommends dispensing with competitive bidding and awarding a 5-year agreement in an amount not to exceed $622,160 to Constant Technologies Inc.
The 5-year agreement would include product warranty and service for the term of the contract at no additional cost.
Additionally, staff recommends funding be approved for related hardware and department facility modifications. Hardware items would include phones, computers, and monitors to fully outfit the workstations built and installed by Constant Technologies. Anticipated facility modifications include minor construction related to the walls and server racks located in the conference and computer equipment rooms. Electrical improvements and additional network switches and cabling are required to power and link the new systems to the City’s existing infrastructure. The IT hardware costs are estimated to be $92,730 and facility modifications are estimated to be $110,000.
STAKEHOLDERS/OUTREACH
Not Applicable
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FISCAL IMPACT
The Real Time Intelligence Center (RTIC) project will cost $824,890 and is broken down as follows: $622,160 (includes 10% contingency) for Constant Technologies Inc., $92,730 for Hardware Upgrades, and $110,000 for Facility Modifications. This cost was not included as a part of the FY2023-24 approved budget; therefore, staff is requesting for an appropriation of $824,890 from the Asset Forfeiture public safety account. The appropriation request is outlined below:
Requesting Appropriation
Item Amount From
(Account
String)
To
(Account
String)
Funding
Source
Constant
Technologies
$622,160 GL: 24211-
2600-GPD-0000
PL: N/A
Asset
Forfeiture Fund
– Public Safety
Constant
Technologies
$622,160 GL: 43110-
2600-GPD-
0020
PL: G65006
Asset
Forfeiture Fund
– Contractual
Services
Hardware
Upgrades
$92,730 GL: 24211-
2600-GPD-0000
PL: N/A
Asset
Forfeiture Fund
– Public Safety
Hardware
Upgrades
$92,730 GL: 51000-
2600-GPD-
0020
PL: G65006
Asset
Forfeiture Fund
– Capital
Outlay
Facility
Modifications
$110,000 GL: 24211-
2600-GPD-0000
PL: N/A
Asset
Forfeiture Fund
– Public Safety
Facility
Modifications
$110,000 GL: 51000-
2600-GPD-
0020
PL: G65006
Asset
Forfeiture Fund
– Capital
Outlay
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The proposed action is exempt in that the procurement of the items requested in this report do not constitute a project under CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that it will have no significant impact on the environment. (Cal.
Code Regs. Title 14 § 15061)
CAMPAIGN DISCLOSURE
See Exhibit A
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ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may elect not to authorize the Police Department to dispense with competitive bidding for a Real Time Intelligence Center (RTIC) as recommended herein, which would cause the Police Department to continue to conduct investigations and respond to calls without being able to leverage technology in real time.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Manuel Cid, Police Chief
Prepared by:
Sean Riley, Police Lieutenant
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit A: Campaign disclosures
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1 RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING AND AUTHORIZING THE
CITY MANAGER OR A DESIGNEE TO EXECUTE AN AGREEMENT WITH CONSTANT TECHNOLOGIES INC. FOR THE DESIGN, ENGINEERING, AND INSTALLATION OF
CONSOLES, VIDEO DISPLAYS, PARTS, RELATED SOFTWARE, AND
MAINTENANCE FOR A REAL TIME INTELLIGENCE CENTER (RTIC)
WHEREAS, the Glendale Police Department (GPD) has excelled in solving crimes and responding to crimes in progress. However, with staffing shortages, the complexity of investigations, and the advent of new and innovative technologies, GPD requires a new approach to solving crimes responding more efficiently and effectively to crimes as they are occurring;
WHEREAS, the Real Time Intelligence Center (RTIC) will be the central command and control hub for the organization, positioning GPD to achieve this goal; WHEREAS, in July 2023, GPD organized a committee to explore creating a Real Time Intelligence Center within the Police Department;
WHEREAS, the RTIC committee attended classes, met with partner agencies, spoke with RTIC experts, and visited multiple police departments already using RTICs to support their operations;
WHEREAS, the committee gained valuable knowledge in the design, construction, and operation of a RTIC;
WHEREAS, Constant Technologies is the only vendor in the market that solely builds RTICs for city, state, and federal government agencies and has built over 2,000 turn-key projects;
WHEREAS, other vendors offer a wide variety of Audio Video solutions along with the capabilities of building RTICs, however they do not specialize in it; WHEREAS, Constant Technologies has become an industry leader in providing solutions specifically for law enforcement agencies that combine spatial design, display wall deployment, technology integration and custom-built analyst workstation systems; WHEREAS, Constant Technologies completes all work in house, including their furniture construction, so there are no unexpected delays or problems dealing with sub- contractors;
WHEREAS, Constant Technologies employs retired law enforcement 202 of 224
2 professionals who have real world experience in designing, constructing, and operating RTICs;
WHEREAS, these professionals not only assist in the design and construction, but with training and operation, so that on day one departments are utilizing their RTICs as efficiently as possible;
WHEREAS, the services to be provided are important tools for law enforcement; and
WHEREAS, Article VI, Section 9 of the City of Glendale Charter provides an exemption to competitive bidding where the City Council determines it is in the best interests of the City to dispense with competitive bidding; and WHEREAS, Constant Technologies, Inc. is the only source from which to obtain the RTIC equipment with all of the required features and compatibility as set forth above.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
1. That Constant Technologies, Inc. is the only available company that provides the experience and services as specified above.
2. That the foregoing facts are deemed to be true and correct and a basis for dispensing with competitive bidding and the Council hereby finds that it is in the best interest of the City to dispense with competitive bidding.
Adopted this day of , 2024.
____________________
Mayor
ATTEST:
________________________
City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
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3 I, SUZIE ABAJIAN, Ph.D, City Clerk of the City of Glendale, certify that the foregoing Resolution No. was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2024, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________
City Clerk
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Exhibit A
Officers of Constant Technologies, Inc.
Full Name Title
Business
Addressa City State Zip
Helen Morabit Director
125
Steamboat
Avenue
North
Kingstow
n RI 02852
Brad Righi President
125
Steamboat
Avenue
North
Kingstow
n RI 02852
Jonathan Hammett
Chief
Financial
Officer
125
Steamboat
Avenue
North
Kingstow
n RI 02852
Ownership Interest in more than 10% of
Constant Technologies, Inc.
Full Name Title
Business
Addressa City State Zip
Helen Morabit Director
125
Steamboat
Avenue
North
Kingstow
n RI 02852
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8b
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Resolution Dispensing with Competitive Bidding and Authorizing a City-wide Furniture Professional Services Agreement Extension
1)Resolution dispensing with competitive bidding and Authorizing Amendments to the existing furniture services professional services agreements with J K Miklin, Inc. DBA Yamada (8000007), Archi Txture LLC DBA Catalyst (8000074), and Margaret C Pett Inc. DBA Info-Com (8000055) extending duration of the contracts by two years until December 31, 2025, with no additional funds added.
COUNCIL ACTION
Item Type: Action Item
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
The Public Works Department oversees multiple professional services agreements for citywide furniture procurements at all municipal facilities. The three existing, 5-year professional services agreements expired on Jan 1, 2024, with remaining funding capacity that is estimated to accommodate the city’s furniture needs for the next two years. The three vendors were initially established through a request for qualifications and proposals (RFP/RFQ) process and would likely be the same proposers if there was a subsequent RFP/RFQ process.
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RECOMMENDATION
Extend the existing three furniture contracts by two years, with no funding added.
ANALYSIS
The Public Works Department is responsible for the maintenance, repair, and appurtenances of all city buildings and systems including fire stations, police station, libraries, parks, civic center, utility sites, corporation yards, and parking garages, totaling over 200 facilities and 1,580,000 occupied square feet. This responsibility includes the procurement of new furniture for all municipal facilities.
The furniture procured is often related to ergonomic assessments or to replace older worn and obsolete office furniture.
On December 18, 2018, the City Council approved a resolution authorizing five- year contracts with Catalyst, Info-Com, and Yamada for a cumulative not-to- exceed amount of $2,750,000.
Over the five years of the contracts, all three contractors have provided satisfactory services. The existing contracts recently expired with a cumulative remaining capacity of approximately $850,000, which staff estimates to be adequate to accommodate two more years of services. Due to the Covid-19 pandemic and resulting work-from-home policies and temporarily closed public buildings, these furniture contracts were underutilized over the past five years.
Each of the three firms individually provides access to standard furnishings commonly at city facilities and/or unique product lines specific to library furnishings; collectively they provide the city with access to manufactures that are consistent with the city’s existing furniture systems.
By extending the contracts with all three vendors, it will provide the city with immediate access to the needed services, while maintaining the existing terms and conditions currently in effect.
.
STAKEHOLDERS/OUTREACH
To provide the necessary building related services, it is essential for the Public Works Department to maintain available resources.
Stakeholders include:
•City Department Representatives
•Visitors to City Facilities
No public outreach for these ongoing maintenance contracts is expected to be needed. 208 of 224
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FISCAL IMPACT
The three furniture contracts will cost approximately $850,000 for two years. The cost for these services for the last six months in FY 2023-24 is estimated to be $120,000 which was approved as a part of the FY 2023-24 budget. No new appropriation is being requested at this time. Future year costs will be budgeted as part of the annual budget process. The City Council approved funding is outlined below:
Existing Appropriation
Amount Account String Funding Source
$120,000 45150-6070-PWD-7538 Building Maintenance
Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Exemption pursuant to the California Code of Regulations, Title 14, Section 15301.
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with 10% interest or more in the firm proposed for contract in this Agenda Item Report:
Yamada Enterprises
Full Name Title Business
Address
City State Zip
Linda
Braverman
President 16552 Burke
Avenue
Huntington
Beach
CA 92647
Info-Com Business Products
Full Name Title Business
Address
City State Zip
Margaret C.
Pett
CEO /
President
1472 Morada
Place
Altadena CA 91001
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Catalyst
Full Name Title Business
Address
City State Zip
Jim Skidmore COO 4780 Eastgate
Mall, #110
San Diego CA 92121
Robert Roberts CFO 4 Park Plaza,
#100
Irvine CA 92614
Bill Kuhnert 10% 4780 Eastgate
Mall, #110
San Diego CA 92121
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Rebidding the furniture contracts would take many months and most likely yield the same vendors at new and higher pricing.
Alternative 2: Do not establish new contracts and bid each furniture installation individually. This would significantly slow the process and delay needed items.
ADMINISTRATIVE ACTION
Submitted by:
Kevin C. Todd, Assistant Director of Public Works
Prepared by:
Kevin C. Todd, Assistant Director of Public Works
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
NA
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1 0
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7 RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING; AND AUTHORIZING
THE CITY MANAGER OR A DESIGNEE TO AMEND THE FIVE-YEAR
PROFESSIONAL SERVICES AGREEMENTS WITH YAMADA ENTERPRISES, INC., MARGARET C. PETT, INC., DBA INFO-COM BUSINESS PRODUCTS, AND
CATALYST OFFICE FOR AS-NEEDED CONSULTATION, DESIGN,
PROCUREMENT, AND INSTALLATION OF FURNITURE SYSTEMS CITY-WIDE EXTENDING THE AGREEMENTS BY TWO YEARS TO DECEMBER 31, 2025.
WHEREAS, over the past 15-years, the City has standardized nearly all office furnishings to specific manufacturers: Steelcase, Trendway, and specialty furniture specific to Libraries; and
WHEREAS, following a Request for Proposals/Request for Qualifications process the City Council on December 18, 2018, issued Resolution No. 18-231 to dispense with competitive bidding and award three five-year professional services agreements to Yamada, Info-Com, and Catalyst for a cumulative total of $2,750,000.
WHEREAS, Yamada, Info-Com Business, and Catalyst are regional representatives for the furniture systems manufacturers that are compatible with the City’s existing furniture-- Steelcase (Catalyst) or Trendway (info-Com), and Yamada remains the local representative for specialty furniture specific to Libraries; and
WHEREAS, the contracts to all three vendors expired January 1, 2024 with significant remaining financial capacity due to the Covid-19 pandemic; and WHEREAS, Yamada, Info-Com Business, and Catalyst ("the three vendors") have provided satisfactory services throughout the term of the contracts, and WHEREAS, performing a new Request for Proposals/Request for Qualifications process at this time will delay needed furniture procurements and is unlikely to result in savings or new vendors; and
WHEREAS, Glendale City Charter, Article VI, Sec. 9 provides an exemption to competitive bidding where the Council determines it is in the best interest of the city to dispense with competitive bidding; and
WHEREAS, given the need for continuing furniture procurement and installation, adequate justification exists and it is in the City's best interest upon recommendation of the Director of Public Works to dispense with competitive bidding and to authorize the 211 of 224
1 0
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7 City Manager, or a designee, to amend the Professional Services Agreements with each one of the three vendors for as-needed consultation, design, procurement, and installation of furniture systems city-wide extending the duration for an additional two years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
1. The foregoing facts are deemed to be true and correct, and a basis for dispensing with competitive bidding and authorizing the execution of extensions to professional services agreements with each one of the three vendors.
2. The Council hereby:
A. Dispenses with competitive bidding; and
B. Authorizes the City Manager, or a designee, to amend the five-year Professional Services Agreements with Yamada Enterprises, Inc.; Margaret C. Pett, Inc., dba Info-Com Business Products; and Catalyst Office for as-needed consultation, design, procurement, and installation of furniture systems city-wide, for an additional two years with no additional money.
Adopted this day of , 2024
Mayor
ATTEST:
City Clerk
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8c
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Authorization to enter into a Legal Services Agreements with Norton Rose Fulbright US LLP and Authorization to Enter into a Professional Services Agreement with Public Financial Management Financial Advisors, LLC.
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Legal Services Agreement (LSA) with Norton Rose Fulbright US LLP (Norton) to include funds for the payment of fees for past services in the amount of $11,913 and fees for three future bond issuances in fiscal years 2024, 2025 and 2026 totaling $425,000 for a total contract amount not to exceed the amount of $436,913.
2. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Public Financial Management Financial Advisors, LLC (PFM) to include funds for the payment of fees for past services in the amount of $25,000 and fees for three future bond issuances in fiscal years 2024, 2025 and 2026 totaling $275,000 for a total contract not-to-exceed amount of $300,000.
3. Resolution of Appropriation
COUNCIL ACTION
Item Type: Action
Approved for January 23, 2024 calendar
EXECUTIVE SUMMARY
Glendale Water and Power (GWP) seeks to establish a Legal Services Agreement (LSA) with Norton, and a Professional Services Agreement (PSA) with PFM to cover bond/disclosure counsel services and financial advisor services, respectively. These services are necessary to assist with the three future bond issuances in fiscal years 2024, 2025, and 2026 for the purpose of primarily funding the Grayson Repower project and, in part, the Scholl Canyon Biogas project and other critical capital projects.
Included in the cost for these respective agreements are additional fees accrued for past counsel and financial analysis dating back to 2016. These efforts were associated with potential bond issuances for versions of the Grayson Repower Project and various clean energy initiatives such as distributed energy resources. It is common practice for Norton and PFM to be paid from the bond proceeds when the bond transactions close.
Since the bond transactions did not go forward, Norton and PFM have outstanding fees owed.
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RECOMMENDATION
Authorize the City Manager to execute the Legal Services Agreement with Norton for $436,913 through December 31, 2026, to provide bond counsel and disclosure counsel services, and the Professional Services Agreement with PFM for $300,000 through December 31, 2026, is to provide financial advisor services.
BACKGROUND
GWP’s critical capital improvement projects including the Grayson Repower that cannot be funded through operations, and therefore, proposes to issue debt in the form of electric revenue bonds. In order to issue these bonds, GWP must provide financial information that will be used by rating agencies and potential investors. By utilizing the expertise of a financial advisor, GWP will substantially enhance the quality of the offering. The services of bond counsel and disclosure counsel will ensure that all legal requirements are met.
In 2019, GWP issued a Request For Proposals (RFP) for financial advisor services and bond counsel and bond disclosure services, and three firms responded: Fieldman Rolapp & Associates, Harrell & Company Advisors, LLC. and PFM Financial Advisors, LLC. PFM submitted the lowest bid as shown in the table below.
FIRM FEE
PFM $ 50,000
Fieldman Rolapp $ 68,500
Harrel & Company $ 60,000
Based on qualifications and fees, PFM offered the best value. PFM’s experience, familiarity with Glendale (PFM acted in this capacity for GWP Electrical Services for bonds issued in 2003, 2006 and the 2020 Water Revenue Bonds, Refunding Series with excellent results) and proven track record are very advantageous. PFM’s dedicated municipal utility group has significant expertise in electric utility finances, bringing added credibility with rating agencies, credit enhancement providers, and investors.
With respect to bond counsel and disclosure counsel services, two firms responded to the RFP, Orrick and Norton Rose Fulbright.
FIRM FEE
Norton Rose Fulbright $ 110,000
Orrick $ 135,000
After evaluating each firm, GWP staff recommends Norton to serve as bond counsel. In addition to submitting the lowest fee proposal to provide the services, Norton served in this capacity for GWP Electrical Services for bonds issued in 2003, 2006, 2013, and 2016, and consistently provided competent, timely, and reliable services. 214 of 224
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As clarified above, Norton has initiated multiple preliminary official statements, and PFM has created bond scenarios for proposed bond issuances corresponding with various projects that were ultimately not realized due to a lack of approval by the City Council.
As such, fees for their collective efforts were accrued. It is common practice for Norton and PFM to be paid from the bond proceeds when the bond transactions close. Since the bond transactions did not go forward, Norton and PFM have outstanding fees owed.
ANALYSIS
The electric utility seeks to construct the Grayson Repowering Project, the Scholl Canyon Landfill Biogas Renewable Generation Project, and to acquire and/or construct as necessary certain improvements to the City’s public utility, such as 4kv to 12kv feeder upgrades; solar generation facilities installed on city properties; substation improvements, meter upgrades; vault replacement, and transmission and distribution improvements and pole replacements. As GWP does not have unrestricted cash reserves to fund these efforts and they cannot be funded through operations alone, GWP proposes to issue debt in the form of electric revenue bonds. GWP intends to issue approximately $500 million of revenue bonds over the next three years. In order to issue the bonds the utility needs the assistance of a financial advisor and bond counsel to complete the transactions.
The services of PFM will include financial planning; detailed financial modeling; market understanding and financing considerations that will directly benefit GWP; develop overall credit strategy; prepare the presentation for rating agencies; evaluate and assist in the selection of an underwriter, verify results of competitive bidding process and assist in the closing of the bonds, including issuing wire instructions to arrange for the transfer and investment of funds.
The services of Norton will include preparation of all legal documents needed to issue bonds, preparation of all documents to bid the bonds on a competitive basis, preparation of all necessary closing documents and providing all necessary and customary legal opinions relating to the tax exemption of interest on the bonds. In addition, Norton will prepare the Preliminary Official Statement and the final Official Statement and will deliver the Disclosure Counsel opinion.
Staff has confirmed with both Norton and PFM that their fees, while having increased due to inflation since the submittal of their proposals, are still competitive and in the best interests of the City. Both Norton and PFM were retained pursuant to a competitive selection process. Since then both Norton and PFM have assisted GWP continuously and competently with the required services related to bond financing. Both Norton and PFM have been and are currently assisting with the issuance of the 2024, 2025 and 2026 bonds. To preserve consistency and continuity of services, staff recommends that the City Council authorize the LSA with Norton, and the PSA with PFM.
STAKEHOLDERS/OUTREACH
N/A
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FISCAL IMPACT
The approval of the contracts and amendments will increase cost in fiscal year 2024 approximately $250,000. Therefore, staff is requesting an appropriation of $250,000 from the Electric Surplus Fund balance. Future expenses will be requested as part of the annual budget process.
Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $250,000 GL: 27900-5810-GWP-
0000
GL: 43110-5820-
GWP-4505-P0000-
Net Position, Electric
Surplus Fund Balance
ENVIRONMENTAL REVIEW
The action herein is not subject to the California Environmental Quality Act (“CEQA”) and, therefore, an environmental review is not required pursuant to Sections 15378, and 15061 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the Campaign Disclosures including the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, subcontractors, and any person or entity with more than ten percent interest in the company are attached as follows:
Exhibit 1: Norton Rose Fulbright US, LLP
Exhibit 2: Public Financial Management Financial Advisors, LLC
ALTERNATIVES
Alternative 1: Not to authorize the actions requested and recommended in this report.
Alternative 2: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Mark Young, General Manager - Glendale Water and Power
Prepared by:
Scott Mellon, Assistant General Manager - Power Management David Davis – Utility Finance Manager
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS / ATTACHMENTS
Exhibit 1: Campaign Finance Disclosure for Norton Rose Fulbright US, LLP Exhibit 2: Campaign Finance Disclosure for Public Financial Management Financial Advisors, LLC
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the Council of the City of Glendale hereby authorizes the City Manager, or his designee, to enter into and execute a Legal Services Agreement (LSA) with Norton Rose Fulbright US LLP to include funds for the payment of fees for past services in the amount of $11,913 and fees for three future bond issuances in fiscal years 2024, 2025 and 2026 totaling $425,000 for a total contract not-to-exceed amount of $436,913. The LSA shall be subject to approval by they City Attorney.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the Council of the City of Glendale hereby authorizes the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Public Financial Management Financial Advisors, LLC to include funds for the payment of fees for past services in the amount of $25,000 and fees for three future bond issuances in fiscal years 2024, 2025 and 2026 totaling $275,000 for a total contract not-to-exceed amount of $300,000. The PSA shall be subject to approval by they City Attorney.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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City of Glendale
DISCLOSURE - CAMPAIGN FINANCE ORDINANCE
The City Council adopted Ordinance No. 5744, “Campaign Finance Ordinance,” which became effective on September 9, 2011, and subsequently amended it with Ordinance No. 5768, which became effective on March 15, 2012 and Ordinance No. 5885, which became effective on November 3, 2016 (“the Ordinance”). The Ordinance prohibits: (1) A contractor* (including a subcontractor**)― who has a contract with the City of Glendale (“City”), the Successor Agency (“SA”), or the Housing Authority of the City of Glendale (“HA”) and that contract is subject to approval by the City Council, SA, or HA― from making a contribution to a City Council member, SA member, HA member, City Clerk, or City Treasurer ; and (2) Council members, SA members, and HA member s from voting on matters concerning a contract with a person who has provided a campaign contribution.
T
he Ordinance applies to a contractor whose contract requires the City Council’s, SA’s, or HA ’s approval. A contract with the City, S A , o r H A i s k n o w n a s a “ C i t y Contract.” The Ordinance also applies to a subcontractor who has a subcontract through a City Contract. The Ordinance excludes a competitively bid contract awarded to the lowest responsible bidder.
To as
sist members of the City Council, SA, and HA before they vote on a matter regarding a City Contract, the Ordinance requires City staff to prepare this report which discloses certain information about: the contractor receiving the City Contract, and the subcontractor(s) working under the City Contract.
A contractor must provide the information listed below when: A subcontractor must provide the information listed below when:
• The City Contract is subject to City Council approval; or • The subcontract through a City Contract has a total anticipated or actual value of $25,000 or more; or
• A combination or series of City Contracts totaling $50,000 or more is subject to Council approval.
• A combination or series of subcontracts, for the same or different projects , have an aggregate value of $25,000 or more.
Information that must be disclosed: ● Name of the person, entity, or organization (i.e., the Contractor or Subcontractor) ● Name of the Chief Executive Officer/President
● Chief Operating Officer
● Chief Financial Officer
● Chairperson
● All members of the Board of Directors
● All persons who own more than 10% of the person, entity, or organization ● Name of any campaign committee owned or controlled by the person, entity, or organization Please complete the following disclosure form:
Contractor(s)*:
Name Address
Norton Rose Fulbright US LLP 1301 McKinney Street Suite 5100, Houston, Texas 77010 Full Name Title Business Address City State Zip
Chairperson
Jeff Cody Chief Executive Officer / President 2200 Ross Avenue Suite 3600 Dallas Texas 75201 Stacey Martinez Chief Operating Officer 98 San Jacinto Blvd Suite 1100 Austin Texas 78701 Simon Wainwright Chief Financial Officer 1301 McKinney Street Suite 5100 Houston Texas 77010 Judi Archer, Ben Koenigsberg,
Stacey Martinez, Scarlet
McNellie, Andrew Price, Gina
Shishima, Mike Swartzendruber,
Shauna Clark (ex officio), Steve
Jansma (ex officio), Tim Kenny
(ex officio), Richard Krumholz
(ex officio), Sheldon Nussbaum
Board of Directors 1301 McKinney Street Suite 5100 Houston Texas 77010 EXHIBIT 1
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Rev. 11/8/17
(ex officio), Larry Rosenberg (ex
officio), Ayşe Yüksel Mahfoud
(ex officio)
More than 10% interest owner
* “Contractor” is the person, entity, or organization that is the party, or prospective party, to the contract with the City, SA, or HA or any member of that person’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer , Chief Financial Officer, Chief Op erating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committ ee that is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address.
Subcontractor(s)**:
Name Address
Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” is the person, entity, or organization that has entered into a contract for the performance of a ll or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor. Subcontractor includes any member of that p erson’s, entity’s, or organizati on’s Board of Directors, its Chairperson, Chief Executive Officer , Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee th at is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address.
Campaign Committee owned or controlled by:
Title Business Address City State Zip
CERTIFICATION
On behalf of the above-named Contractor Subcontractor:
• I acknowledge that I have a continuing obligation to update this disclosure form if I substitute― or if I select additional― arch itects, design professionals, contractors, or subcontractors within ten (10) days of the selection or change; and • I he
reby certify that:
I have identified all persons for which the Ordinance requires disclosure; The information in this disclosure form (and any attachment to this form) is true, accurate, correct, and complete; and I have been legally authorized to submit this disclosure form.
In total, this disclosure form (including attachments) is 2 pages.
Executed on: De cember 12 , 20 23 , at: Los Angeles, , California.
S
ignature: Print Full Name: Victor Hsu
Address: 555 South Flower Street, Forty-First Floor, Los Angeles, California 90071, United States Phone Number: +1 213 892 9326 E-mail Address: v [email protected] 221 of 224
City of Glendale
DISCLOSURE - CAMPAIGN FINANCE ORDINANCE
The City Council adopted Ordinance No. 5744, “Campaign Finance Ordinance,” which became effective on September 9, 2011, and subsequently amended it with Ordinance No. 5768, which became effective on March 15, 2012 and Ordinance No. 5885, which became effective on November 3, 2016 (“the Ordinance”). The Ordinance prohibits: (1) A contractor* (including a subcontractor**)― who has a contract with the City of Glendale (“City”), the Successor Agency (“SA”), or the Housing Authority of the City of Glendale (“HA”) and that contract is subject to approval by the City Council, SA, or HA― from making a contribution to a City Council member, SA member, HA member, City Clerk, or City Treasurer ; and (2) Council members, SA members, and HA member s from voting on matters concerning a contract with a person who has provided a campaign contribution.
The Or
dinance applies to a contractor whose contract requires the City Council’s, SA’s, or HA ’s approval. A contract with the City, S A , o r H A i s k n o w n a s a “ C i t y Contract.” The Ordinance also applies to a subcontractor who has a subcontract through a City Contract. The Ordinance excludes a competitively bid contract awarded to the lowest responsible bidder.
To assi
st members of the City Council, SA, and HA before they vote on a matter regarding a City Contract, the Ordinance requires City staff to prepare this report which discloses certain information about: the contractor receiving the City Contract, and the subcontractor(s) working under the City Contract.
A contractor must provide the information listed below when: A subcontractor must provide the information listed below when:
• The City Contract is subject to City Council approval; or • The subcontract through a City Contract has a total anticipated or actual value of $25,000 or more; or
• A combination or series of City Contracts totaling $50,000 or more is subject to Council approval.
• A combination or series of subcontracts, for the same or different projects , have an aggregate value of $25,000 or more.
Info
rmation that must be disclosed: ● Name of the person, entity, or organization (i.e., the Contractor or Subcontractor) ● Name of the Chief Executive Officer/President
● Chief Operating Officer
● Chief Financial Officer
● Chairperson
● All members of the Board of Directors
● All persons who own more than 10% of the person, entity, or organization ● Name of any campaign committee owned or controlled by the person, entity, or organization Ple
ase complete the following disclosure form:
Contractor(s)*:
Name Address
Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
* “Contractor” is the person, entity, or organization that is the party, or prospective party, to the contract with the City, SA, or HA or any member of that person’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer , Chief Financial Officer, Chief Op erating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee that is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address. see attached
EXHIBIT 2
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Rev. 11/8/17
Subcontractor(s)**:
Name Address
Full Name Title Business Address City State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” is the person, entity, or organization that has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor. Subcontractor includes any member of that p erson’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer , Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee that is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address.
Campaign Com
mittee owned or controlled by:
Title Business Address City State Zip
CERTIFICATION
On behalf of
the above-named Contractor Subcontractor:
• I acknowledge that I have a continuing obligation to update this disclosure form if I substitute― or if I select additional― a rchitects, design professionals, contractors, or subcontractors within ten (10) days of the selection or change; and • I hereby c
ertify that:
I have identified all persons for which the Ordinance requires disclosure; The information in this disclosure form (and any attachment to this form) is true, accurate, correct, and complete; and I have been legally authorized to submit this disclosure form.
In total, this disclosure form (including attachments) is 3 pages.
Executed on: , 20
, at: , California.
Signature
: Print Full Name:
Address:
Phone Number: E
-mail Address:
December 7 23 Los Angeles
Mike Berwanger
N/A
555 W. 5th Street, Suite 3500 Los Angeles, CA 90013
213-489-4075 [email protected]
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1735 Market Street
42nd Floor
Philadelphia, PA 19103
215.567.6100
pfm.com
PFM Financial Advisors LLC: Officers
Name Address Title/Ownership %
PFM I
I LLC 1735 Market Street, 42nd Floor Parent/Owner
Philadelphia, PA 19103 100%
Daniel
Hartman 1735 Market Street, 42nd Floor CEO
Philadelphia, PA 19103 0%
JoAnn
e Carter 1735 Market Street, 42nd Floor President
Philadelphia, PA 19103 0%
Chery
l D. Maddox 1735 Market Street, 42nd Floor Secretary
Philadelphia, PA 19103 0%
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