6.13.4 History
Los Angeles County has a long record of transportation-related incidents that have disrupted mobility and commerce.
• 2024 Vincent Thomas Bridge Fire: A semi-truck carrying lithium-ion batteries overturned and caught fire, causing the bridge to be closed for several days. • 2023 I-10 Freeway Fire: A fire in a pallet yard below the I-10 freeway in Downtown Los Angeles caused an eight-day closure for repairs and major cascading disruptions.
• 2020 Delta Air Lines Flight 89 Fuel Drop: Shortly after takeoff from LAX, a Boeing 777 encountered engine problems and conducted a fuel dump over populated areas, injuring over 50 people on the ground. • 2008 Chatsworth Metrolink Derailment: A Metrolink passenger train collided with a Union Pacific freight train injuring over 130 people and causing 25 deaths. • 2007 Newhall Pass Tunnel Fire: A multi-vehicle collision involving over 30 vehicles caused a fire within the tunnel injuring 10 people and causing 3 deaths.
The historical record reinforces the need to learn from previous events to enhance future preparedness and resilience.
6.13.5 Probability
The likelihood of transportation incidents in Los Angeles County remains elevated due to several converging factors including, but not limited to:
• High daily traffic volumes on freeways and arterials increase the risk of multivehicle accidents and congestion-related incidents. • Aging infrastructure—including bridges, road surfaces, and rail systems—creates a persistent risk of failure, particularly under extreme weather conditions and during peak usage periods.
• The county’s role as a major hub for freight and commuter traffic means that even minor incidents can escalate rapidly into larger disruptions. • The frequent movement of hazardous materials and the increasing reliance on just-in-time delivery systems further elevate the risk of incidents with potentially severe consequences.
County of Los Angeles
All-Hazards Mitigation Plan
Together, these factors contribute to a consistently high probability of transportation incidents impacting the region.
6.13.6 Vulnerability
The vulnerability of Los Angeles County’s transportation system is compounded by its interdependent design and its critical role in the regional economy. • Limited redundancy in key corridors means that a disruption on one freeway or rail line can quickly overload alternate routes.
• Aging and overburdened infrastructure is less resilient to extreme events, leading to longer recovery times after incidents.
• The county’s economic dependence on uninterrupted transportation for daily commuting and commercial freight increases exposure to significant losses during disruptions.
• Complex interdependencies between transportation systems, emergency services, and other critical sectors make the network highly sensitive to cascading failures.
This systemic vulnerability calls for coordinated, multi-agency efforts to bolster resilience and implement proactive mitigation measures.
6.13.7 Impacts
Transportation incidents can produce both immediate and long-lasting effects on public safety, commerce, and overall quality of life.
1. Traffic and Mobility: Disruptions can lead to severe congestion affecting hundreds of thousands of commuters and freight vehicles, delaying emergency services and disrupting daily operations.
2. Economic Loss: Interruptions in the movement of goods and people can result in substantial financial losses, impacting local businesses and the broader regional economy.
3. Public Safety: Extended delays in emergency response and Emergency Medical Services (EMS) transport times.
4. Cascading Disruptions: An incident in one mode (e.g., a major highway closure) can ripple through the transportation network, affecting rail, air, and maritime operations simultaneously and complicating recovery efforts.
These impacts highlight the critical need for robust mitigation strategies to manage both direct and indirect consequences of transportation incidents.
County of Los Angeles
All-Hazards Mitigation Plan
6.13.8 Summary
Los Angeles County’s transportation network is among the most extensive and complex in the nation, serving millions of residents and underpinning a vital economic ecosystem. The diverse transportation modes, while facilitating mobility and commerce, also create vulnerabilities due to overlapping infrastructure and high traffic volumes.
• Aging infrastructure, coupled with the continuous movement of hazardous materials and the increasing pressures of daily usage, contributes to a high probability of incidents.
• Historical data demonstrate that even localized incidents can have far-reaching impacts, including prolonged traffic congestion, economic disruptions, and public safety challenges.
In conclusion, mitigating transportation incident risks in Los Angeles County requires an integrated, countywide approach that combines infrastructure upgrades, enhanced emergency response, and proactive maintenance strategies. Addressing these challenges is essential to safeguard public safety, ensure economic stability, and maintain the region’s critical mobility infrastructure.
County of Los Angeles
All-Hazards Mitigation Plan
6.14 Public Health Emergencies
6.14.1 Nature
Public health emergencies in Los
Angeles County encompass a broad
spectrum of potential hazards,
including infectious disease
outbreaks, environmental health
hazards, and Chemical, Biological,
Radiological, Nuclear, Explosives
(CBRNE) hazards. Given the county's
diverse population, urban density,
and economic significance, public
health hazards require a coordinated
response among government
agencies, healthcare institutions, and
community partners.
Public health emergencies refer to
incidents that pose a significant
threat to the health of a population.
These include, but are not limited to:
• Pandemics (e.g., COVID-19, Influenza)
• Bioterrorism (e.g., Anthrax, Smallpox, botulism)
County of Los Angeles
All-Hazards Mitigation Plan
• Vector-borne diseases (e.g., West Nile Virus, Zika)
• Foodborne and waterborne illnesses
• Chemical and radiological exposure
• Climate-related health threats (e.g., extreme heat, poor air quality, wildfires) The County of Los Angeles Department of Public Health (DPH) and the Emergency Medical Services Agency (EMS) collaborate to monitor threats, prevent outbreaks, and mitigate impacts when emergencies arise.
6.14.2 Location and Extent
Los Angeles County, home to over 9.7 million residents, is the most populous county in the United States. Its diverse geography (i.e., urban, coastal, mountainous, and rural) and demography lead to a range of public health vulnerabilities.
Public health emergencies can originate from local, regional, national, or global sources, impacting specific neighborhoods or the entire county. The extent of public health threats varies based on:
• The nature of the threat, such as transmission dynamics or availability of medical countermeasures.
• Population density (higher risks in urban centers for communicable diseases) • Access to healthcare infrastructure
• Environmental conditions (air pollution, extreme heat events)
6.14.3 History
Public health emergencies in Los Angeles County have included:
• 2022 Monkeypox Outbreak
o Approximately 2,500 cases were reported in Los Angeles County. • COVID-19 Pandemic (2020–Present)
o Over 3 million cases, 450,000 hospitalizations, and 45,000 deaths reported in the county alone.
• 2018 Hepatitis A Outbreak
o Primarily affecting unhoused populations, requiring mass vaccination efforts.
• 2016-2017 West Nile Virus Outbreaks
o Multiple cases of mosquito-borne infections leading to severe illness and fatalities.
County of Los Angeles
All-Hazards Mitigation Plan
• 2015-2016 Zika Virus Outbreak
o No cases of local mosquito-borne transmission, but there were 122 cases reported in the County, with 121 being travel-related.
• 2015 Meningococcal Disease Cluster
o An outbreak among men who have sex with men (MSM) led to a targeted vaccination campaign.
• 2009 H1N1 Influenza Pandemic
o Thousands of hospitalizations; schools and businesses affected.
6.14.4 Probability and Emerging Risks
The 2024 Threat and Hazard Identification and Risk Assessment (THIRA) identifies that pandemics and bioterrorism remain high-probability threats. Future public health risks also include:
• Emergence of infectious diseases driven by global travel and climate change. • Increased incidence of heat-related illnesses amid rising temperatures. • Increased prevalence of respiratory diseases due to declining air quality. • Rise of antimicrobial-resistant infections due to overuse of antibiotics.
The County of Los Angeles DPH continually assesses health threats and updates preparedness plans to address evolving concerns.
6.14.5 Vulnerability and Systemic Impacts
Certain populations in Los Angeles County may be disproportionately affected by public health emergencies:
• At-risk populations may be different for different hazards before, during, and after an emergency. It is important to assess each hazard in turn to identify those who may be disproportionately affected to improve preparedness and response efforts.
Public health emergencies strain the healthcare system, disrupt economic activity, and create mental health burdens. The 2024 THIRA report noted that:
• Healthcare infrastructure overload is a major concern during pandemics. • Potential economic loss from business closures during a prolonged public health crisis could exceed billions of dollars.
County of Los Angeles
All-Hazards Mitigation Plan
6.14.6 Mitigation Strategies and Preparedness Efforts
Los Angeles County employs several mitigation and preparedness strategies:
• Mass Vaccination Campaigns
o Annual flu shots, COVID-19 vaccinations, and outbreak-specific immunization efforts.
• Points-of-Dispensing (POD) sites
o Disease Surveillance & Early Warning Systems
• Syndromic surveillance for emerging threats.
o Targeted sampling surveillance.
• Healthcare Infrastructure Strengthening
o Expanding hospital capacity for medical surge, and emergency medical resources.
• Community Outreach & Public Health Education
o Disseminating critical information in multiple languages. • Emergency Stockpiles (Strategic National Stockpile(SNS)) o Deployment of antibiotics, antivirals, and personal protective equipment (PPE) in crisis situations.
• Coordination with Federal & State Agencies
o Collaboration with FEMA, CDC, and the California Department of Public Health to enhance response capabilities.
• Anthrax Threat Simulations
o The County of Los Angeles Metro system assessed as a high-risk area for bioterrorism response.
6.14.7 Summary
Public health emergencies pose significant challenges to Los Angeles County, impacting healthcare systems, vulnerable populations, and economic stability. While the COVID-19 pandemic provided a major stress test for response efforts, ongoing preparedness, surveillance, and mitigation strategies aim to protect residents from future threats.
Key Takeaways:
• Los Angeles County faces diverse health threats, including pandemics, bioterrorism, and climate-related illnesses.
County of Los Angeles
All-Hazards Mitigation Plan
• Vulnerable populations may suffer disproportionate impacts during public health crises.
• Preparedness efforts focus on surveillance, vaccination, emergency response, and coordination with federal and state partners.
• Future threats include emerging infectious diseases, heat-related illnesses, and antimicrobial resistance.
By continuing investments in public health preparedness, Los Angeles County aims to reduce risks and strengthen resilience against future health emergencies.
County of Los Angeles
All-Hazards Mitigation Plan
7 Mitigation Strategy
County of Los Angeles
All-Hazards Mitigation Plan
7.1 Mitigation Strategy Overview
The Mitigation Strategy section of the All-Hazard Mitigation Plan (AHMP) presents Los Angeles County’s strategic blueprint for reducing risks and vulnerabilities posed over the long term associated with the hazards identified in the Hazard Identification and Risk Assessment section. The strategies identified in this section drive mitigation activities based on existing capabilities while also identifying areas of potential future investment to build resilience across communities, critical facilities, and other infrastructure within Los Angeles County.
7.2 Mitigation Goals and Objectives
Mitigation goals are the long-term vision that the County hopes to achieve by implementing the various mitigation strategies described in this AHMP, as well as the broad guidelines that have shaped mitigation strategy development. • Goal 1: Protect life, property, infrastructure, the environment, and the economy through equitable mitigation strategies aimed at reducing risks of natural and human-caused hazards.
o Objective 1-1: Integrate vulnerable populations, including people with Access and Functional Needs (AFN), into the implementation of any potential mitigation actions.
o Objective 1-2: Implement mitigation strategies that enhance resilience to disaster impacts across residential areas, commercial areas, infrastructure, high-hazard potential dams, and other critical facilities. o Objective 1-3: Inform strategic investments in climate adaptation, development, and redevelopment that are centered in equity and resilience.
• Goal 2: Enhance community-wide partnerships in hazard mitigation across all levels of government, the private sector, and the public. o Objective 2-1: Build a culture of disaster resilience and awareness of local hazards through public engagement, education, and outreach. o Objective 2-2: Strengthen direct coordination among Los Angeles County Operational Area partners to unify efforts for mitigation activities. o Objective 2-3: Utilize a whole community approach to address disparities in outcomes posed by the hazards identified in this AHMP. • Goal 3: Enhance planning, response, and recovery through hazard identification, assessment, mitigation, and resilience activities.
County of Los Angeles
All-Hazards Mitigation Plan
o Objective 3-1: Establish and maintain coordination between hazard mitigation activities and other emergency management functions. o Objective 3-2: Integrate hazard mitigation activities into preparedness for future large-scale planned events within Los Angeles County. • Goal 4: Ensure eligibility for FEMA grant funding to maximize equitable investment in hazard mitigation actions.
o Objective 4-1: Continue to meet all requirements for existing hazard mitigation grant programs used by the County.
o Objective 4-2: Expand the County’s ability to participate in grant programs not currently utilized by the County.
7.2.1 Changes in Mitigation Goals
The AHMP Advisory Committee reviewed the 2020 AHMP goals and updated them to reflect the most current County concerns and priorities. Therefore, the 2025 AHMP has introduced new goals and objectives to build a more resilient community. Table 7-1 (below) compares the 2025 AHMP goals with previous 2020 AHMP goals; all other goals above are new goals and objectives developed by the AHMP Advisory Committee.
Mitigation priorities change through time depending on the type of disaster impacting Los Angeles County, vulnerability, the strategies implemented, as well as other needs of the community. Priorities are also made based on current countywide Threat and Hazard Identification and Risk Assessment (THIRA) studies, National Risk Index Assessment, State Hazard Mitigation Plan (SHMP) and other local plans and guides. The previous 2020 AHMP integrated hazard data into several operational plans including but not limited to the General Plan, Operational Area Emergency Operations Plan (OAEOP), amongst others. Addressing these changes will help to address Los Angeles County hazard priorities and to have mitigation strategies focused on the hazards that impact the region at most. The plan also added additional hazards and addressed a larger vulnerable population.
Table 7-1 Mitigation Goal Updates
Goals Addressed in
2020 AHMP
Goals for 2025-2030
Planning Period
Changes
Build a culture and
practice disaster
resilience
Goal 2 (see above). Goal expanded;
previous goal
integrated as an
County of Los Angeles
All-Hazards Mitigation Plan
Goals Addressed in
2020 AHMP
Goals for 2025-2030
Planning Period
Changes
objective under Goal 2
in the current AHMP.
Better plan for, respond
to, and recover from,
hazards and disasters
including climate change,
drought, earthquake,
dam failure, flood,
landslide, tsunami, and
wildfire that affect Los
Angeles County.
Goal 3 (see above). Previous goal replaced
with new goal.
More successfully adapt
to hazards and disasters
including climate change,
drought, earthquake,
dam failure, flood,
landslide, tsunami, and
wildfire that affect Los
Angeles County.
Goal 1 (see above). Previous goal replaced
with new goal.
7.3 Existing Mitigation Capabilities
The mitigation strategies developed as part of this AHMP seek to maximize existing mitigation capabilities identified as currently available within the Los Angeles County Operational Area. These existing capabilities have been updated to reflect changes in human, technical, financial, legal, regulatory, education, and outreach resources since the 2020 AHMP.
County of Los Angeles
All-Hazards Mitigation Plan
7.3.1 Authorities, Policies, and Legal/Regulatory Resources There are several existing authorities, policies, and other legal or regulatory resources applicable to hazard mitigation efforts in Los Angeles County. From the County Code of Ordinances to completed plans, these form the cornerstone of hazard mitigation activities by providing a foundation rooted in data, research, planning, Technical Ecological Knowledge (TEK) provided by our state and locally recognized indigenous communities, and elected officials’ authority. The County aims to expand and improve upon these identified capabilities by adopting this AHMP, once approved, into the Safety Element of the Los Angeles County General Plan. This action will contribute to the County’s ability to be considered for an additional cost-share on Public Assistance projects through the California Disaster Assistance Act. Table 7-2 provides an overview of existing capabilities related to authorities, policies, and legal/regulatory resources.
Table 7-2 Authorities, Policies, and Legal/Regulatory Resources Authority,
Policy, or
Resource
Description Hazards
Addressed
Potential to
Affect
Development
Los Angeles
County
Operational
Area
Emergency
Operations
Plan (2023)
Establishes the coordinated
emergency management system
within the Los Angeles County
Operational Area to prepare for,
respond to, and recover from the
effects of large-scale emergencies
regardless of cause, location, or
complexity.
All-Hazard No
Los Angeles
County General
Plan (2024)
Provides the policy framework for
how and where the
unincorporated County will grow
through the year 2035.
All-Hazard Yes
Los Angeles
County
Comprehensive
Floodplain
Reviews existing floodplain
management programs in the
County and recommends
enhancements to them through 35
Flood
Land
Movement
Yes
County of Los Angeles
All-Hazards Mitigation Plan
Authority,
Policy, or
Resource
Description Hazards
Addressed
Potential to
Affect
Development
Management
Plan (2021)
mitigation actions. This plan is
currently being reviewed and
updated with completion targeted
for early 2026.
Los Angeles
County
Comprehensive
Floodplain
Management
Plan Repetitive
Loss Area
Analysis (2021)
Analyzes Repetitive Los Areas
within Los Angeles County and
fulfills Community Rating System
requirements.
Flood
Land
Movement
Yes
County of Los
Angeles
Floodplain
Management
Plan Progress
Report (2024)
Provides an annual update on the
implementation of the action plan
identified in the Comprehensive
Floodplain Management Plan and
on the implementation and
evaluation of outreach projects.
Flood
Land
Movement
Yes
County of Los
Angeles
Repetitive Loss
Area Analysis
Progress Report
(2023)
Provide an annual update on the
implementation of the action plan
identified in the Repetitive Loss
Area Analysis to ensure there is a
continuing and responsive
planning process.
Flood Yes
Los Angeles
County Fire
Plan (2023)
Describes the wildfire
environment, history, and pre-fire
management strategies to
enhance the protection of lives,
property, and natural resources
from wildland fire.
Wildfire Yes
County of Los Angeles
All-Hazards Mitigation Plan
Authority,
Policy, or
Resource
Description Hazards
Addressed
Potential to
Affect
Development
Los Angeles
County 2045
Climate Action
Plan (2024)
Delineates the County’s path
toward
meeting the goals of the Paris
Agreement and achieving carbon
neutrality for unincorporated
Los Angeles County.
Wildfire
Extreme
Heat
Drought
Flooding
Yes
Our County:
Los Angeles
Countywide
Sustainability
Plan (2019)
Outlines how local governments
and stakeholders can enhance the
well-being of all County
communities while adapting to
climate change and reducing
damage to the natural
environment, particularly focusing
on communities disproportionately
burdened by pollution.
Wildfire
Extreme
Heat
Drought
Flooding
Yes
Los Angeles
County
Floodplain
Management
Ordinance
Aims to minimize public and
private losses resulting from flood
conditions via uniformly applied
regulations in flood prone,
mudflow, or flood related erosion
areas.
Flood
Land
Movement
Yes
Los Angeles
County Code –
Title 32: Fire
Code
To build a new structure (or an
addition equal to or greater than
50% of existing square footage),
the Los Angeles County Fire Code
requires review of its location, type
of construction, topography, slope,
amount and arrangement of
vegetation, and overall site
Wildfire Yes
County of Los Angeles
All-Hazards Mitigation Plan
Authority,
Policy, or
Resource
Description Hazards
Addressed
Potential to
Affect
Development
settings—in order to create
defensible space necessary for
effective fire protection of homes
in High Fire Severity Zones.
Los Angeles
County Code –
Title 22:
Planning and
Zoning
Establishes the regulations
governing land use and
development and defines zoning
for unincorporated Los Angeles
County. Includes the Hillside
Management Area Ordinance
(Chapter 22.104), the Residential
Design Standards Ordinance, and
the Hillside Design Guidelines.
These include requirements for
development in Hillside
Management Areas, which are
defined as areas with 25% or
greater natural slopes. The
guidelines include specific and
measurable design techniques that
can be applied to residential,
commercial, industrial, and other
types of projects.
Wildfire
Earthquake
Land
Movement
Yes
Los Angeles
County Code –
Title 31: Green
Building
Standards
Code
Enhances the design and
construction of buildings via
building concepts with positive (or
reduced negative) environmental
impacts, and encourages
sustainable construction practices
Extreme
Heat
Drought
Yes
County of Los Angeles
All-Hazards Mitigation Plan
Authority,
Policy, or
Resource
Description Hazards
Addressed
Potential to
Affect
Development
across planning and design,
energy efficiency, water
conservation, material and
resource efficiency, and
environmental air quality.
Los Angeles
County Brush
Clearance
Program
Legally declares both improved
and unimproved properties a
public nuisance, and where
necessary, requires the clearance
of hazardous vegetation thereby
creating defensible space for
effective fire protection of
property, life, and the environment.
The Brush Clearance Program is a
joint effort between the County of
Los Angeles Fire Department and
the County of Los Angeles
Department of Agricultural
Commissioner/Weights and
Measures, Weed Hazard, and Pest
Abatement Bureau (Weed
Abatement Division).
Wildfire Yes
Los Angeles
County Code –
Title 26:
Building Code
Provides minimum standards to
regulate the design, construction,
installation, quality of materials,
use, occupancy, location, and
maintenance of all buildings,
structures, grading, and certain
equipment. Regulates construction
Earthquake
Wildfire
Yes
County of Los Angeles
All-Hazards Mitigation Plan
Authority,
Policy, or
Resource
Description Hazards
Addressed
Potential to
Affect
Development
near a known active earthquake
fault (Chapter 1, Section 113), the
materials and construction
methods for construction in a
Wildland-Urban Interface (WUI)
Fire Area (Chapter 7A), structural
design as it relates to earthquake
hazards (Chapter 16, Section
1613), repair of certain buildings in
High Earthquake Damage Areas
(Chapter 94), earthquake hazard
reduction for concrete tilt-up
buildings (Chapter 95) and
unreinforced masonry buildings
(Chapter 96), among others. The
Building Code also includes
provisions for emergency housing
during a proclaimed emergency.
7.3.2 Human and Technical Resources
Existing human and technical resources across County Departments enable the County to plan, manage, conduct, and execute its wide range of hazard mitigation activities. The resources below represent a high degree of expertise in all facets of hazard mitigation available to support mitigation activities. The County aims to expand and improve upon these identified capabilities by expanding potential hazard training opportunities available to the Los Angeles County Operational Area.
Additionally, as various special events are scheduled in Los Angeles County over the next five years, the County should seek to expand coordination and technical resources related to mass violence, cyber, and other special event-related hazards.
County of Los Angeles
All-Hazards Mitigation Plan
Table 7-3 provides an overview of existing capabilities related to human and technical resources.
Table 7-3 Human and Technical Resources
Resource Department/Agency Principal Activities Related to Hazard Mitigation
Emergency
Management
Coordinator(s)
Los Angeles County
Office of Emergency
Management
• Maintains and updates the Los
Angeles County Operational Area
Emergency Operations Plan and Los
Angeles County All-Hazard
Mitigation Plan.
• Coordinates local response and
recovery activities in the Emergency
Operation Center and in the field.
• Works closely with local, state, and
federal partners to support planning,
training, exercise, public information,
and resource coordination.
Engineer(s),
Building
Inspector(s),
Code
Enforcement
Officer(s), Fire
Marshalls, and
Other Technical
Staff
Los Angeles County
Public Works and Fire
Department
• Oversees the effective, efficient, fair,
and safe enforcement of County of
Los Angeles Building and Fire
Codes.
Engineer(s),
Construction
Project
Managers, and
Other Technical
Staff
Los Angeles County
Public Works
• Provides direct (or contract) civil,
structural, and mechanical
engineering services, including
contract, project, and construction
management.
Engineer(s),
Project
Los Angeles County
Public Works
• Maintains and operates a wide range
of local equipment and facilities and
assists members of the public by
County of Los Angeles
All-Hazards Mitigation Plan
Resource Department/Agency Principal Activities Related to Hazard Mitigation
Manager(s),
Equipment
Operators,
Maintenance and
Construction
Staff, and Other
Technical Staff
providing sufficient clean fresh water,
reliable sewer services, street
maintenance, storm drainage
systems, street cleaning, streetlights,
and traffic signals.
Floodplain
Administrator
Los Angeles County
Public Works
• Enforces the floodplain management
ordinance ensuring that
development proposals do not
increase flood risk and that new
developments are not located below
the 100-year flood level. In addition,
the floodplain administrator is
responsible for planning and
managing flood risk reduction
projects throughout Los Angeles
County.
Planner(s),
Engineer(s), and
Technical Staff
Los Angeles County
Department of
Regional Planning
• Develops and maintains the Los
Angeles County General Plan,
including the Safety Element.
• Develops area plans based on the
Los Angeles County General Plan to
provide more specific guidance for
the development of more specific
areas.
• Reviews proposed development,
capital improvements, and other
physical projects involving property
for consistency and conformity with
the Los Angeles County General
Plan.
• Anticipates and acts on the need for
applicable new plans, policies, and
code changes.
County of Los Angeles
All-Hazards Mitigation Plan
Resource Department/Agency Principal Activities Related to Hazard Mitigation
• Applies the approved plans, policies,
code provisions, and other
regulations to proposed land uses.
Procurement
Services
Manager
Los Angeles County
Internal Services
Department
• Provides a full range of municipal
financial services and administers
several licensing measures.
Comptroller
Personnel
Los Angeles County
Auditor – Controller
• Provides financial and grant services.
County Counsel
Personnel
Los Angeles County
Counsel
• Provides legal services for the
County.
Fire Department
Personnel
Los Angeles County
Fire Department
• Provides fire protection services
including response, fire prevention,
and mitigation activities for the
County.
Sheriff’s
Department
Personnel
Los Angeles County
Sheriff’s Department
• Provides law enforcement services in
the County.
7.3.3 Financial Resources and Programs
There are many existing financial resources, grant programs, and other funding mechanisms that enable current and future hazard mitigation activities. Sources for these resources and programs vary widely from local funding out of the County’s General Fund to state and federal programs that aim to help local jurisdictions accomplish their hazard mitigation goals. The amount of funding available is variable and project-specific for many of these programs. Similarly, grant awards are based on the specific projects that are identified as the basis for the grant application. Table 7-4 provides an overview of existing capabilities related to financial resources and programs.
County of Los Angeles
All-Hazards Mitigation Plan
Table 7-4 Financial Resources and Programs
Resource or
Program Administrator Purpose
General Fund
Chief
Executive
Office
Program operations and specific projects.
General
Obligation Bonds
Auditor -
Controller
General obligation bonds are appropriately
used for the construction and/or acquisition of
improvements to real property broadly
available to residents and visitors. Such facilities
include but are not limited to: libraries,
hospitals, parks, public safety facilities, and
cultural and educational facilities.
Special Tax and
Revenue Bonds Controller
Revenue bonds are used to finance capital
projects that:
1. Have an identified budgetary stream for
repayment (e.g., specified fees, tax
receipts);
2. Generate project revenue but rely on a
broader pledge of general fund revenues to
reduce borrowing costs; or
3. Finance the acquisition and installation of
equipment for the local jurisdiction’s
general governmental purposes.
Vegetation
Management
Program
Cal FIRE
Cost-sharing program between Cal FIRE and
private landowners, which focuses on the use of
prescribed fire and/or mechanical means, for
addressing wildland fire fuel hazards and other
resource management issues on State
Responsibility Area (SRA) lands.
Wildfire
Emergency and
Mitigation Funds
Cal FIRE
Administers funding from FEMA, Bureau of
Land Management, and U.S. Forest Service for
County of Los Angeles
All-Hazards Mitigation Plan
Resource or
Program Administrator Purpose
certain types of wildfire emergency and
mitigation funding.
California
Residential
Mitigation
Program
California
Earthquake
Authority
Created by the California Earthquake Authority
and the Governor’s Office of Emergency
Services, “Earthquake Brace + Bolt: Funds to
Strengthen Your Foundation” is the first
incentive program offered by the California
Residential Mitigation Program.
Public Health
Emergency
Preparedness
Cooperative
Agreement
Center for
Disease
Control and
Prevention
Funds are intended to upgrade state and local
public health jurisdictions’ preparedness and
response to bioterrorism, outbreaks of
infectious diseases, and other public health
threats and emergencies.
Hazard Mitigation
Grant Program
(HMGP)
FEMA
Administered by the California Governor’s
Office of Emergency Services (Cal OES), HMGP
supports pre- and post-disaster mitigation
plans and projects available to California
communities after a presidentially declared
disaster has occurred in California.
Pre-Disaster
Mitigation (PDM)
Grant Program
FEMA
Available annually as a nationally competitive
Cal OES grant, the PDM Grant Program
supports pre-disaster mitigation plans and
projects.
Flood Mitigation
Assistance (FMA)
Grant Program
FEMA
Available annually as a nationally competitive
Cal OES grant, the PDM Grant Program
supports pre-disaster mitigation plans and
projects.
Homeland
Security
FEMA
Builds and sustains preparedness technical
assistance activities in support of the four
County of Los Angeles
All-Hazards Mitigation Plan
Resource or
Program Administrator Purpose
Preparedness
Technical
Assistance
Program
homeland security mission areas (i.e.,
prevention, protection, response, recovery) and
homeland security program management.
Assistance to
Firefighters Grant
Program
FEMA/U.S.
Fire
Administration
Provides equipment, protective gear,
emergency vehicles, training, and other
resources needed to protect the public and
emergency personnel from fire and related
hazards. Available to fire departments and
nonaffiliated emergency medical services
providers.
Land and Water
Conservation
Funds
U.S.
Department of
the Interior
Supports the protection of federal public lands
and waters and voluntary conservation on
private land.
Community
Action for a
Renewed
Environment
U.S.
Environmental
Protection
Agency (EPA)
Offers means by which communities may
organize/take action to reduce toxic pollution
(e.g., in stormwater, etc.) through financial and
technical assistance. Communities create
partnerships that implement solutions to
reduce releases of toxic pollutants and that
minimize toxic exposures.
Clean Water
State Revolving
Fund
EPA
A loan program that provides low-cost
financing to eligible entities on state and tribal
lands for water quality projects, including all
types of non-point source, watershed
protection or restoration, estuary management
projects, and more traditional municipal
wastewater treatment projects.
County of Los Angeles
All-Hazards Mitigation Plan
Resource or
Program Administrator Purpose
Community Block
Grant Program
Entitlement
Communities
Grants
U.S.
Department of
Housing and
Urban
Development
Acquisition of real property, relocation and
demolition, rehabilitation of residential and
non-residential structures, construction of
public facilities and improvements (e.g.,
water/sewer facilities, streets, neighborhood
centers, etc.), and the conversion of school
buildings for eligible purposes.
High Hazard
Potential Dams
(HHPD) Grant
Program
FEMA
Provides technical, planning, design, and
construction assistance in the form of grants for
the rehabilitation of eligible high hazard
potential dams.
State and Local
Cybersecurity
Grant Program
FEMA
Provides funding to eligible entities to address
cybersecurity risks and threats to information
systems owned or operated by, or on behalf of,
state, local, or tribal governments.
7.3.4 Education and Outreach Resources
Engagement with the communities of Los Angeles County is an important component of mitigation efforts. The County of Los Angeles has multiple methods, formats, and venues to conduct outreach with community members and provide education on the hazard landscape in Los Angeles County. These activities ensure mitigation efforts align with community goals and include community input. Table 7-5 shows a list of existing resources for education and outreach.
Table 7-5 Education and Outreach Resources
Resource or
Program
Agencies Potentially
Involved Purpose
Preparedness
Fairs
Office of Emergency
Management, Fire
Engage with community
members to provide education
County of Los Angeles
All-Hazards Mitigation Plan
Resource or
Program
Agencies Potentially
Involved Purpose
Department, Sheriff’s
Department, Public Works,
Board of Supervisors
on hazards found in Los
Angeles County and
emergency preparedness for
homes and businesses.
Personal Disaster
Impact Surveys
Office of Emergency
Management
Receive input and feedback on
the hazard landscape from
community members in Los
Angeles County to inform the
2025 AHMP.
AHMP Draft
Review Surveys
Office of Emergency
Management
Receive input and feedback on
sections of the AHMP from
community members in Los
Angeles County.
Homeless
Outreach
Services Team
(HOST)
Sheriff’s Department,
Homelessness Services
Organizations
Conduct outreach to People
Experiencing Homelessness in
areas prone to wildfires or
flooding based on weather
conditions.
Community
Emergency
Response Teams
(CERT)
Fire Department
Educate community members
about disaster preparedness
and response in their
communities.
Explorer
Programs
Fire Department, Sheriff’s
Department
Educate youth about disaster
preparedness and response in
their communities.
Youth Climate
Commission Chief Sustainability Office
Educate and obtain input from
youth on climate change
impacts and mitigation efforts.
County of Los Angeles
All-Hazards Mitigation Plan
7.3.5 National Flood Insurance Program Participation
The National Flood Insurance Program (NFIP) is administered by FEMA and provides affordable flood insurance to participating communities through a network of insurance providers. NFIP regulations must be enforced in Special Flood Hazard Areas (SFHAs). Flood insurance is required for structures in SFHAs with federally backed loans (e.g., most mortgages, Small Business Administration (SBA) loans) and FEMA grants along with any structures with SBA loans, regardless of flood zone. Flood insurance is required to be maintained for the life of the federally backed loan and in perpetuity, regardless of change in ownership, in the case of FEMA grants.
The Los Angeles County Board of Supervisors adopted the County Floodway Ordinance (Los Angeles County Code Title 11, Chapter 11.60) in March 1980. This ordinance included the first County Floodway Maps and paved the way for the County to begin participation in NFIP on behalf of unincorporated residents. The County’s participation means that residents (owners and renters) in the unincorporated communities within Los Angeles County are eligible for NFIP flood insurance and Federal flood disaster assistance. The first FEMA Flood Insurance Rate Maps (FIRMs) became effective on December 2, 1980. Since 1980, the County has continued robust participation in NFIP. The FEMA FIRMs were digitized in September 2008 and have been revised over the years by numerous Letters of Map Change and by large-scale Physical Map Revisions for the Ballona Creek watershed and several watersheds in the Santa Monica Mountains (Triunfo Creek, Topanga Canyon and others) in December 2018, the Los Angeles County coastline in April 2021, and the Santa Clara River watershed in June 2021. These maps are available to the public on the Los Angeles County Public Works (PW) website at dpw.lacounty.gov/floodzone.
Los Angeles County also participates in the NFIP’s Community Rating System (CRS) program. The CRS program is a voluntary program for communities that engage in community floodplain management activities, which exceed the minimum NFIP standards. CRS communities benefit from a discount on flood insurance rates and improved floodplain management programs. CRS uses a class rating system between 1 and 9 to determine flood insurance premium reductions for residents. As of April 1, 2022, Los Angeles County is a Class 6 CRS community; therefore homeowners and County of Los Angeles
All-Hazards Mitigation Plan
renters who live in a SFHA can receive up to a 20% discount on their flood insurance policies.
The County’s implementation and enforcement of local floodplain management regulations for development in SFHAs are covered in Los Angeles County Building Codes with the most recent update completed in 2023. Title 26, Chapter 1, includes requirements for development within flood hazard areas. Other relevant ordinances include other chapters in Title 26 (Building Code) along with Titles 27 (Electrical Code), Title 28 (Plumbing Code), Title 29 (Mechanical Code), Title 30 (Residential Code), and Title 33 (Existing Building Code). Implementation and enforcement are also covered in the Los Angeles County Subdivision Code (Title 21) and Planning and Zoning Code (Title 22). The NFIP for unincorporated communities is administered by the Department of Public Works (LACPW) Stormwater Engineering Division, which serves as the County’s floodplain manager, coordinates with LACPW’s Building and Safety and Land Development Divisions and with the Los Angeles County Department of Regional Planning in their enforcement of the County’s floodplain management regulations, and participates in FEMA’s Community Assisted Visits, which typically occur on a 5-year cycle.
LACPW continues to enforce NFIP regulations for building permit applications determined by Building and Safety officials to be substantial improvement or repair of substantial damage. Los Angeles County also requires all residential buildings undertaking substantial improvement to have their lowest floor elevated 1 foot above the 100-year flood elevation. Additionally, Los Angeles County conducted a Repetitive Loss Area Analysis in 2020, which serves as a specific plan for reducing damage from flooding in repetitive loss areas.
After an event, Public Works staff assess the unincorporated area buildings within the extent of the event. The assessment will identify the buildings that appear to have damages affecting 50 percent or greater of the building. If such a building is in floodprone areas identified by FEMA’s Flood Insurance Rate Maps, County maps (Floodway Maps or Assessor’s Maps), or identified by Public Works to be in a Repetitive Loss Area, will undergo further evaluation by Public Works staff on whether the building meets FEMA’s definition of substantial improvement/substantial damage (SI/SD). A building that meets FEMA’s SI/SD definition will be required to have the entire building upgraded to meet National Flood Insurance Program (NFIP) standards ( Title 44, Code County of Los Angeles
All-Hazards Mitigation Plan
of Federal Regulations, Section 60.3). Los Angeles County Code Title 26, Section 110.1 requires the County to enforce as a minimum the current Federal Flood Plain Management Regulations defined in Title 44, Code of Federal Regulations, Section
60.3, for buildings, structures, and grading located in whole or in part in flood hazard areas. (Ord. 2013-0048 § 2, 2013; Ord. 2010-0053 § 2, 2010; Ord. 95-0065 § 3 (part), 1995.)
7.4 Identification and Analysis of Mitigation Strategies Potential mitigation actions were identified for each hazard identified in Section 6 in an effort to ensure as comprehensive a mitigation strategy as possible. Multiple mitigation options were then analyzed against the goals and objectives delineated in this section with a focus on new and existing buildings. A combination of new and ongoing mitigation actions aimed at reducing the effects of the identified hazards were compiled into the list of mitigation actions in the following subsection. This list includes a wide range of potential types of mitigation actions, including:
• Local Plans and Regulations.
• Structure and Infrastructure Projects.
• Natural Systems Protection.
• Education and Awareness Programs.
A notable update to the 2025 AHMP was the integration of human-caused threats and corresponding potential mitigation actions. The AHMP Planning Team also reviewed FEMA’s Mitigation Ideas document to incorporate national best practices in the list of potential mitigation actions.
County of Los Angeles
All-Hazards Mitigation Plan
7.4.1 Mitigation Strategies
01 Title: Support and Expand Countywide Vegetation Management and Fire Prevention Efforts
Source: Los Angeles County Fire Department
Type: Natural Systems Protection
Description: Conduct passive protection measures such as creating defensible space buffers around residential and non-residential structures through the removal of
flammable vegetation, managing and/or reducing
hazardous fuels, creating firebreaks, fire-resistive
landscaping and construction, and clearing dead
vegetation, among others. Engage indigenous
communities to inform vegetation management and fire
prevention practices aligned with Traditional Ecological Knowledge (TEK).
Hazard: Wildfire
Hazard: Severe
Wind/Tornado
02 Title: Enhance Community Engagement in Wildfire Protection and Prevention
Source: Los Angeles County Department of Regional Planning Type: Education and Awareness Programs
Description: Engage residents and businesses in high fire risk communities to educate them on community-focused
mitigation and risk reduction strategies, emergency
preparedness and evacuation readiness, and opportunities to get involved in fire safety-related community initiatives.
Engage indigenous communities to inform protection and
prevention practices aligned with Traditional Ecological Knowledge (TEK).
Hazard: Wildfire
Hazard: Severe
Wind/Tornado
County of Los Angeles
All-Hazards Mitigation Plan
03 Title: Perform Post-Fire Flooding, Debris Flow, and Mud Flow Risk Assessments and Mitigation Activities
Source: Los Angeles County Department of Public Works
Type: Structure and Infrastructure Projects
Description: Following a wildfire, assess burn scar for significant mud and debris flow risks to produce mud and debris flow phase maps for first responding agencies to prepare for potential evacuations. Recommend mitigation strategies to prevent mud and debris flow impacts.
Hazard: Wildfire
Hazard: Flooding
04 Title: Strengthen Operational Continuity Capabilities for Critical Facilities Source: Los Angeles County Department Public Health, among others.
Type: Structure and Infrastructure Projects
Description: Conduct robust continuity planning to ensure the continued performance of essential functions in the event critical facilities are impacted by various hazards.
Build capabilities that support operational continuity such as alternate or uninterrupted power supply, workforce
development and cross-training, emergency
communications, and data backup or failover hardware.
Hazard: Wildfire
Hazard: Extreme Heat
Hazard: Severe
Wind/Tornado
Hazard: Cyber Incidents
County of Los Angeles
All-Hazards Mitigation Plan
05 Title: Incorporate Hazards in Local Planning, Land Use, and Development Codes
Source: Los Angeles County Department of Public Works and Regional Planning Type: Local Planning and Regulations
Description: Develop, maintain, and leverage
opportunities to strengthen relevant ordinances that
govern land use, building codes, and development in
high-risk hazard areas. Incorporate mitigation actions in community planning such as Community Wildfire Plans,
Flood Management Plans, and the County General Plan,
among many others.
Hazard: Wildfire
Hazard: Earthquake
Hazard: Land Movement
Hazard: Severe
Wind/Tornado
Hazard: Flooding
06 Title: Increase Public Awareness of Climate Change Effects on Local Hazards
Source: Los Angeles County Chief Sustainability Office
Type: Education and Awareness Programs
Description: Engage with communities on ways climate
change impacts various natural hazards along with
mitigation actions and available resources for climate
adaptation and resilience. Efforts should focus on how
communities can take action or support existing County
programs including funding available to the public. Public engagement efforts should be accessible, ensure people
with Access and Functional Needs are included in
outreach, and use materials with multiple language
options.
Hazard: Wildfire
Hazard: Extreme Heat
Hazard: Drought
Hazard: Land Movement
Hazard: Severe
Wind/Tornado
Hazard: Flooding
County of Los Angeles
All-Hazards Mitigation Plan
07 Title: Expand Stormwater Management, Drainage, and Outlet Planning Source: Los Angeles County Department of Public Works
Type: Local Planning and Regulations
Description: Continue robust stormwater management
programs. Conduct studies to inform measures to improve outlet and drainage planning and prevent flood damage
to communities in high-risk areas. These efforts should also prevent flood damage to County-maintained roadways,
including evacuation egress and emergency services
ingress, while supporting potential groundwater recharge.
Hazard: Flooding
Hazard: Drought
Hazard: Transportation
Incident
08 Title: Construct and Maintain Localized Flood Control Improvements Source: Los Angeles County Department of Public Works
Type: Structural and Infrastructure Projects
Description: Maintain existing flood control mechanisms by drainage system maintenance, sediment and debris
clearance, and other actions. Leverage opportunities to construct flood control improvements.
Hazard: Flooding
County of Los Angeles
All-Hazards Mitigation Plan
09 Title: Preserve Floodplains as Public Use Open Spaces Source: Los Angeles County Department of Public Works, among others.
Type: Natural Systems Protections
Description: Preserve and expand public use open spaces that capture stormwater with the aim of reducing localized flooding while also providing green space and
recreational opportunities to communities. Prioritize
floodplains and watersheds in County-owned public use
open spaces near flood risk areas. Use stormwater best
management practices in projects involving open spaces
to support natural water collection and conservation.
Incorporate floodplain preservation into future park
improvements.
Hazard: Flooding
10 Title: Harden Critical Facilities and Infrastructure from Seismic Damage Source: Los Angeles County Department of Public Works
Type: Structure and Infrastructure Projects
Description: Conduct seismic assessments to prioritize
retrofitting and other seismic mitigation actions such as bracing or seismic shutoff valves. Efforts should focus on critical facilities for community lifelines such as hospitals, public safety facilities, utility sites, high-hazard potential dams, and transportation assets (i.e., bridges, roadways, airports, and others).
Hazard: Earthquake
Hazard: Land Movement
Hazard: Dam Failure
County of Los Angeles
All-Hazards Mitigation Plan
11 Title: Prevent Impacts to the Transportation System
Source: Los Angeles County Department of Public Works
Type: Structure and Infrastructure Projects
Description: Hazard impacts to the transportation system in Los Angeles County have far-reaching potential for
cascading effects across multiple lifelines. Mitigation activities for multiple hazards should focus on preventing or lessening impacts to transportation. Activities may
include stabilization efforts along County-maintained
roads, reinforcing transportation assets, or other seismic mitigation actions.
Hazard: Earthquake
Hazard: Land Movement
Hazard: Transportation
Incident
12 Title: Continue Efforts to Enhance Dam Safety and Reduce Long-Term Vulnerabilities with High Hazard Potential Dams
Source: Los Angeles County Department of Public Works
Type: Structure and Infrastructure Projects
Description: Upgrade infrastructure to ensure the longterm integrity and safe operation of County-owned dam facilities. Potential actions could include strengthening of dams, sediment management activities, regular
inspections, continuous maintenance, integrating
advanced technologies, and emergency preparedness
efforts.
Hazard: Earthquake
Hazard: Dam Failure
County of Los Angeles
All-Hazards Mitigation Plan
13 Title: Assess Water Resilience in Los Angeles County Source: Los Angeles County Department of Public Works
Type: Local Planning and Regulations
Description: Conduct assessments and studies to monitor the water supply and develop recommendations for other
water systems. Identify potential secondary water sources or other contingency measures for ensuring water system resilience during drought conditions.
Hazard: Drought
14 Title: Expand Drought-Tolerant Landscaping and Design Source: Los Angeles County Chief Sustainability Office and Department of Regional Planning
Type: Natural Systems Protection
Description: Integrate drought mitigation into landscaping and design measures undertaken by the County. Prioritize native and drought-tolerant plants when selecting
landscaping designs. Use permeable materials for pavers, driveways, walkways, and roadways to reduce runoff and
promote groundwater recharge that incorporate
indigenous- informed practices aligned with Traditional Ecological Knowledge (TEK).
Hazard: Drought
County of Los Angeles
All-Hazards Mitigation Plan
15 Title: Address Urban Heat Islands by Investing in Green Infrastructure and Cooling Strategies
Source: Los Angeles County Chief Sustainability Office, Department of Regional Planning, Department of Economic Opportunity, Department of Public Health, and Department of Public Works, among others.
Type: Local Planning and Regulations
Description: Increase shade cover provided by vegetation such as planting native and drought-tolerant trees along with smaller plants such as shrubs, grasses, and
groundcover. Increase the tree canopy in County parks
and open concrete or asphalt spaces in the public right of way or County-owned parking lots. Conduct assessments
to identify communities considered urban heat islands that are at highest need for an increase in tree canopy or other heat mitigation activities. Advance cooling strategies such as constructing shade structures, installing splash pads, operating cooling centers, modernizing air conditioning systems, and expanding the availability of cool roofing infrastructure that reflects heat away from buildings.
Ensure mitigation actions address heat impacts faced by people with Access and Functional Needs. Many of these
actions have a secondary benefit mitigating the effects of climate change by promoting carbon sequestration, the
capture and storage of CO2 from the atmosphere.
Additionally, increasing green space and shade cover in urban areas can advance environmental justice.
Hazard: Extreme Heat
County of Los Angeles
All-Hazards Mitigation Plan
16 Title: Increase Coastal Resilience, Prevent Erosion, and Protect Shorelines Source: Los Angeles County Chief Sustainability Office and Department of Beaches and Harbors
Type: Natural Systems Protection
Description: Conduct activities to replace sediment lost due to erosion or coastal storms. Assess the need for other sediment protection measures such as planting certain
types of vegetation. Consider activities that prevent wind from blowing sand off beaches and impacts from storm
surge in high-risk areas. These actions help protect coastal roadways and other infrastructure along with ensuring
recreation opportunities remain for residents and visitors.
Hazard: Flooding
Hazard: Tsunami
17 Title: Conduct Multi-Discipline Training and Exercise Programs Source: Los Angeles County Sheriff’s Department and Office of Emergency Management
Type: Education and Awareness Programs
Description: Identify opportunities for joint training and exercises for mass violence and cyber incident response across disciplines of law enforcement, fire and emergency medical services, medical examiner, private sector, and others. Each training and exercise should include mass
violence rescue and evacuation techniques for AFN
populations.
Hazard: Mass Violence
Hazard: Cyber Incidents
County of Los Angeles
All-Hazards Mitigation Plan
18 Title: Strengthen Partnerships and Coordination Among Local Agencies Source: Los Angeles County Sheriff’s Department and Office of Emergency Management
Type: Education and Awareness Programs
Description: Expand collaborative agreements with other agencies to share resources during large-scale
emergencies. Strengthen partnerships with local agencies for resource sharing. Enhance response capabilities
during major incidents.
Hazard: Mass Violence
Hazard: Cyber Incidents
19 Title: Incorporate Mass Violence Prevention and Mitigation Efforts into Special Event Planning
Source: Los Angeles County Sheriff’s Department and Office of Emergency Management
Type: Education and Awareness Programs
Description: Use physical security measures such as
bollards, water-filled barricades, vehicle barriers, and others. Identify mitigation measures for upcoming special events such as the World Cup, Super Bowl, and Olympics.
Conduct special event training on topics such as crowd
management, sporting event safety, and stadium
evacuation. Incorporate Family Assistance Center
readiness into special event planning.
Hazard: Mass Violence
County of Los Angeles
All-Hazards Mitigation Plan
20 Title: Extreme Heat Risk Education and Safety Outreach for Residents and Vulnerable Workers
Source: Los Angeles County Chief Sustainability Office, Department of Economic Opportunity, Department of Public Health, and Department of Public Works Type: Education and Awareness Programs
Description: Implement outreach and education to
workers in low-wage and high hazard industries in LA
County that are disproportionately impacted by extreme
heat. Partner with organizations providing services to
people with Access and Functional Needs on heat
response strategies. Expand awareness of cooling centers and other heat respite options for unhoused populations.
Increase workforce development opportunities to expand
the availability of green infrastructure.
Hazard: Extreme Heat
21 Title: Increase Field Response and Coordination Capabilities Source: Los Angeles County Sheriff’s Department and Office of Emergency Management
Type: Education and Awareness Programs
Description: Enhance field coordination capabilities at large-scale planned events and no-notice incidents such as wildfires, mass violence, and others. Potential actions could include investments in new redundant
communications systems, response vehicles, alert and
warning capabilities, and other field operations
equipment.
Hazard: Wildfire
Hazard: Mass Violence
County of Los Angeles
All-Hazards Mitigation Plan
22 Title: Strengthen Public Health Prevention and Preparedness Measures Source: Los Angeles County Office of Emergency Management, Department of Public Health, Department of Health Services, and Fire Department Type: Education and Awareness Programs
Description: Continue and expand mass vaccination and
immunization efforts. Coordinate healthcare surge
preparedness and response efforts. Conduct disease
surveillance, monitor early warning systems, and
coordinate outbreak response. Educate communities and
businesses about health implications related to wildfire recovery and hazardous materials. Liaise with health
system partners to understand hospital surge capacity
within the County. Maintain and deploy emergency
stockpiles. Incorporate potential climate change-related infectious disease implications into public health
preparedness planning.
Hazard: Public Health
Emergencies
7.5 Status of Previous Mitigation Efforts
Table 7-6 below shows the status of mitigation strategies described in the 2020 AHMP.
Departments have made significant progress on some of these mitigation strategies, partially but not fully completing some of these efforts. As such, each strategy from the 2020 AHMP have been rolled into the mitigation strategies described in this section.
Table 7-6 Status of Mitigation Efforts
2020 AHMP Strategy Status 2025 AHMP Strategy
Red Flag Warning Public
Outreach
Not
Completed/
Ongoing
Enhance Community Engagement
in Wildfire Protection and
Prevention
County of Los Angeles
All-Hazards Mitigation Plan
2020 AHMP Strategy Status 2025 AHMP Strategy
Vegetation Management
Program
Not
Completed/
Ongoing
Support and Expand Countywide
Vegetation Management and Fire
Prevention Efforts
Fireproof Coating of Critical
Facilities
Not
Completed/
Ongoing
Enhance Community Engagement
in Wildfire Protection and
Prevention
Auxiliary Power for Critical
Facilities
Not
Completed/
Ongoing
Strengthen Operational Continuity
Capabilities for Critical Facilities
Earthquake-Resistant Ductile
Iron Pipes Replacement
Not
Completed/
Ongoing
Harden Critical Facilities and
Infrastructure from Seismic
Damage
Watershed Ecosystem
Restoration
Not
Completed/
Ongoing
Preserve Floodplains as Public Use
Open Spaces
Green Streets / Living Streets Not
Completed/
Ongoing
Expand Drought-Tolerant
Landscaping and Design
Coordinated Data Collection
and Database Systems
Not
Completed/
Ongoing
Strengthen Partnerships and
Resource Coordination Among
Local Agencies
Brush Clearance Program Not
Completed/
Ongoing
Support and Expand Countywide
Vegetation Management and Fire
Prevention Efforts
Wildland Urban-Interface
Ordinance
Not
Completed/
Ongoing
Incorporate Hazards in Local
Planning, Land Use, and
Development Codes
Urban Forest Management
Plan
Not
Completed/
Ongoing
Address Urban Heat Islands by
Investing in Green Infrastructure
and Cooling Strategies
County of Los Angeles
All-Hazards Mitigation Plan
2020 AHMP Strategy Status 2025 AHMP Strategy
Community Wildfire Protection
Plans
Not
Completed/
Ongoing
Incorporate Hazards in Local
Planning, Land Use, and
Development Codes
Pre-Disaster Professional
Support
Not
Completed/
Ongoing
Strengthen Operational Continuity
Capabilities for Critical Facilities
Fuel Trailer Project Not
Completed/
Ongoing
Strengthen Operational Continuity
Capabilities for Critical Facilities
7.6 Prioritization and Implementation of Mitigation Actions Potential mitigation actions were prioritized using the FEMA National Risk Index (NRI) score and information from the 2024 Los Angeles Threat and Hazard Identification and Risk Assessment (THIRA), which both address hazards by frequency, severity, and impact. Both the NRI and THIRA follow established processes and use a standardized risk assessment methodology. The NRI incorporates multiple variables including physical impacts posed by hazards in addition to social vulnerability data that communicates risks specific to a certain community. Table 7-7 provides an overview of the NRI results for Los Angeles County across 18 hazards. Hazards rated as Relatively Low, Not Applicable, or No Rating were not included in this AHMP as they are uncommon in frequency in Los Angeles County; all other hazards are covered in this plan.
Table 7-7 FEMA National Risk Index Hazards
Hazard NRI Score
(out of 100.0)
Score Description Covered in
Plan?
Earthquake 100.0 Very High Yes | Section 6.3
Wildfire 99.9 Very High Yes | Section 6.2
Extreme Heat 98.4 Relatively High Yes | Section 6.4
Tornado 97.6 Relatively High Yes | Section 6.10
County of Los Angeles
All-Hazards Mitigation Plan
Hazard NRI Score
(out of 100.0)
Score Description Covered in
Plan?
Landslide 96.3 Relatively High Yes | Section 6.8
Lightning 95.0 Relatively High Yes | Section 6.2/
6.6 Riverine Flooding 90.8 Relatively Moderate Yes | Section 6.6 Drought 73.8 Relatively Moderate Yes | Section 6.5
Strong Wind 73.5 Relatively Moderate Yes | Section 6.10 Tsunami 63.5 Relatively Moderate Yes | Section 6.10
Winter Weather 48.6 Relatively Low Not Prioritized
Hail 48.1 Relatively Low Not Prioritized
Coastal Flooding 43.3 Very Low Not Prioritized
Avalanche 33.7 Very Low Not Prioritized
Cold Wave 0.0 No Rating Not Prioritized
Hurricane N/A Not Applicable Not Prioritized
Ice Storm N/A Not Applicable Not Prioritized
Volcanic Activity N/A Not Applicable Not Prioritized
The THIRA is a process that communities undertake to assess risk and set capability targets to focus their preparedness efforts and strengthen response and recovery capabilities. There are three primary focuses of the THIRA: threat and hazard identification, impacts analyses that include the specific demographics of the community, and a description of existing response and recovery capabilities. The 2024 Los Angeles/Long Beach THIRA was reviewed as part of this hazard mitigation planning effort and all threats and hazards identified were included as part of this AHMP.
Additionally, the THIRA’s identification of several human-caused threats with potential to impact Los Angeles County influenced the decision to include such threats in this AHMP. Table 7-8 shows a crosswalk of the hazards and threats identified in the THIRA and their corresponding sections in this AHMP.
County of Los Angeles
All-Hazards Mitigation Plan
Table 7-8 2024 THIRA and 2025 AHMP Crosswalk
2024 THIRA
Hazard/Threat Name
2025 AHMP Hazard/Threat
Name
Covered in Plan?
Biological Attack Public Health Emergencies Yes | Section 6.14 Complex Coordinated
Terrorist Attack
Mass Violence Yes | Section 6.11
Cyber Attack Cyber Incident Yes | Section 6.12
Earthquake Earthquake Yes | Section 6.3
Flood Flooding Yes | Section 6.6
Pandemic – Human Public Health Emergencies Yes | Section 6.14 Radiological Attack Public Health Emergencies Yes | Section 6.14 Transportation Accident Transportation Incident Yes | Section 6.13 Wildfire Wildfire Yes | Section 6.2
Additional criteria used to prioritize potential mitigation actions also included the following components:
• Actions that prioritize equity and integrate vulnerable populations, including people with AFN.
• Potential benefits of the action to prevent a major hazard. • Actions that have social support to build a culture and practice of resilience. • Cost of the action versus the potential benefit to prevent a major hazard. • Availability of funding and actions that support grant requirements. • Political support to remedy or prevent a major health or safety hazard. • Actions that are technically, legally, environmentally, and economically feasible. • Actions that the County has the administrative capabilities to implement. • Actions that are related to mitigating long-term vulnerabilities to Countyowned High Hazard Potential Dams will automatically be given a HIGH priority.
7.6.1 Priority Levels
• High-Priority Mitigation Actions: are essential and require immediate attention to address critical risks and safeguard life, property, or essential systems.
County of Los Angeles
All-Hazards Mitigation Plan
• Medium-Priority Mitigation Actions: are important but less urgent, supporting overall risk reduction and resilience goals while allowing for planned implementation.
• Low-Priority Mitigation Actions: address lower-risk concerns or long-term objectives and can be deferred without immediate impact to safety or core functions.
7.6.2 Changes in Criteria
The 2014 Los Angeles County AHMP’s Mitigation Action Matrix was prioritized using the Social, Technical, Administrative, Political, Legal, Environmental, and Economic (STAPLEE) method, which FEMA had recommended as a prioritization procedure in the early to mid-2000s. The 2020 AHMP replaced the use of STAPLEE with a more streamlined prioritization process that included the following:
• To remedy or prevent a major health/safety hazard, a mitigation project must have political support.
• To build a culture and practice of disaster resilience, a mitigation project must have social support.
• To meet FEMA HMA grant criteria, a mitigation project must be technically, legally, environmentally, and economically feasible and the jurisdiction must have the administrative capabilities to implement it.
This prioritization method used in the 2020 AHMP has been adapted and incorporated into the prioritization criteria described previously in Section 7.6.
7.7 Integration with Other Plans
The County of Los Angeles ensures that mitigation is a countywide effort with multiple departments contributing to critical activities that reduce hazard risks. These actions are captured in other discipline-specific plans in addition to the AHMP, including those listed in Table 7-9.
County of Los Angeles
All-Hazards Mitigation Plan
Table 7-9 AHMP Integration with Other Plans
Plan Authored By Hazard(s) Covered
in Plan?
Comprehensive
Floodplain
Management Plan
Los Angeles County
Department of Public
Works
Flood Yes
Repetitive Loss Area
Analysis Report
Los Angeles County
Department of Public
Works
Flood Yes
Climate Action Plan Los Angeles County
Department of Regional
Planning
Wildfire
Extreme Heat
Flooding
Drought
Yes
Sustainability Plan Los Angeles County Chief
Sustainability Office
Wildfire
Extreme Heat
Flooding
Drought
Yes
County Fire Plan Los Angeles County Fire
Department
Wildfire Yes
County of Los Angeles
All-Hazards Mitigation Plan
7.8 Mitigation Action Plan
Table 7-10 represents a Mitigation Action Plan to reduce risks of the hazards identified in this AHMP. Notably, many County departments include discipline-specific mitigation actions within other related plans mentioned in the above section. Some actions that mitigate risk of natural hazards that are covered elsewhere may not be explicitly listed or may be referred to in general terms while specific details are available in other related plans.
Table 7-10 Mitigation Action Plan
Action
No.
Priority Hazard
Action Name
Potential
Funding
Source
Expected
Time
Frame
Lead
Agencies
01 HIGH
Wildfire Support and Expand Countywide
Vegetation Management and Fire
Prevention Efforts
HMGP Annual LACoFD, PW
Severe
Wind/Tornado
02 HIGH
Wildfire Enhance Community
Engagement in Wildfire
Protection and Prevention
HMGP Quarterly LACoFD, DRP,
OEM, LASD Severe
Wind/Tornado
03 HIGH
Wildfire Perform Post-Fire Flooding,
Debris Flow, and Mud Flow Risk
Assessments and Mitigation
Activities
HMGP, FMA Annual PW, LACoFD,
OEM
Flooding
04 HIGH
Wildfire UASI, SHSP Annual OEM, PW,
DPH, Extreme Heat
County of Los Angeles
All-Hazards Mitigation Plan
Action
No.
Priority Hazard
Action Name
Potential
Funding
Source
Expected
Time
Frame
Lead
Agencies
Severe
Wind/Tornado
Strengthen Operational
Continuity Capabilities for Critical
Facilities
LACoFD,
LASD, ISD
Cyber Incidents
05 HIGH
Wildfire
Incorporate Hazards in Local
Planning, Land Use, and
Development Codes
HMGP, FMA 1-3 Years DRP, PW
Earthquake
Land Movement
Severe
Wind/Tornado
Flooding
06 MEDIUM
Wildfire
Increase Public Awareness of
Climate Change Effects on Local
Hazards
FMA, Prop 4 Annual DRP, CSO,
CEO Extreme Heat
Drought
Land Movement
Severe
Wind/Tornado
Flooding
County of Los Angeles
All-Hazards Mitigation Plan
Action
No.
Priority Hazard
Action Name
Potential
Funding
Source
Expected
Time
Frame
Lead
Agencies
07 HIGH
Flooding Expand Stormwater
Management, Drainage, and
Outlet Planning
FMA 1-5 Years PW
Drought
Transportation
Incident
08 HIGH Flooding Construct and Maintain Localized
Flood Control Improvements
FMA 1-5 Years PW
09 MEDIUM Flooding Preserve Floodplains as Public
Use Open Spaces
FMA, Prop 4 1-5 Years PW, DRP, DPR
10 HIGH
Earthquake Harden Critical Facilities and
Infrastructure from Seismic
Damage
HMGP 1-5 Years PW, ISD
Land Movement
Dam Failure
11 MEDIUM
Earthquake Prevent Impacts to the
Transportation System
HMGP 1-5 Years PW, LASD
Land Movement
Transportation
Incident
County of Los Angeles
All-Hazards Mitigation Plan
Action
No.
Priority Hazard
Action Name
Potential
Funding
Source
Expected
Time
Frame
Lead
Agencies
12 HIGH
Earthquake Conduct Seismic Strengthening
at County-Owned Dams
FMA, HHPD 1-5 Years PW
Dam Failure
13 MEDIUM Drought Assess Water Resilience in Los
Angeles County
Prop 4 1-5 Years PW, DRP
14 MEDIUM Drought Expand Drought-Tolerant
Landscaping and Design
Prop 4 1-5 Years DPR, DRP,
PW, CSO
15 HIGH Extreme Heat
Address Urban Heat Islands by
Investing in Green Infrastructure
and Cooling Strategies
Prop 4 1-5 Years CSO, DRP,
DEO, DPH,
PW, DPR
16 HIGH
Flooding Increase Coastal Resilience,
Prevent Erosion, and Protect
Shorelines
FMA, Prop 4 1-5 Years CSO, DBH,
PW Tsunami
17 HIGH
Mass Violence Conduct Multi-Discipline Training
and Exercise Programs
UASI, SHSP 1-5 Years LASD, OEM,
LACoFD Cyber Incidents
18 MEDIUM
Mass Violence Strengthen Partnerships and
Resource Coordination Among
Local Agencies
UASI, SHSP 1-5 Years LASD, OEM,
LACoFD
Cyber Incidents
County of Los Angeles
All-Hazards Mitigation Plan
Action
No.
Priority Hazard
Action Name
Potential
Funding
Source
Expected
Time
Frame
Lead
Agencies
19 MEDIUM Mass Violence
Incorporate Mass Violence
Prevention and Mitigation Efforts
into Special Event Planning
UASI, SHSP 1-5 Years LASD, OEM,
LACoFD
20 HIGH Extreme Heat
Extreme Heat Risk Education and
Safety Outreach for Residents
and Vulnerable Workers
Prop 4 1-5 Years CSO, DEO,
DPH, PW,
DAD
21 HIGH
Public Health
Emergencies
Strengthen Robust Public Health
Prevention and Preparedness
Measures
UASI, SHSP,
PHEP, HPP
1-5 Years DPH, OEM,
DHS,
LACoFD
22 MEDIUM
Wildfire Increase Field Response and
Coordination Capabilities
UASI, SHSP 1-5 Years LASD, OEM,
LACoFD Mass Violence
Agency Key:
CEO = Los Angeles County Chief Executive Office
CSO = Los Angeles County Chief Sustainability Office
DAD=Los Angeles Department of Aging and Disabilities
DBH = Los Angeles County Department of Beaches and Harbors DEO = Los Angeles County Department of Economic Opportunity DHS = Los Angeles County Department of Health Services
DPH = Los Angeles County Department of Public Health
DPR = Los Angeles County Department of Parks and Recreation PW = Los Angeles County Public Works
DRP = Los Angeles County Department of Regional Planning ISD = Los Angeles County Internal Services Department
LACoFD = Los Angeles County Fire Department.
LASD = Los Angeles County Sheriff’s Department
OEM = Los Angeles County Chief Executive Office - Office of Emergency Management
Grant Program Key:
FMA = Flood Mitigation Assistance
HMGP = Hazard Mitigation Grant Program
HPP = Hospital Preparedness Program
PHEP = Public Health Emergency Preparedness
SHSP = State Homeland Security Program
UASI = Urban Area Security Initiative
County of Los Angeles
All-Hazards Mitigation Plan
8 Plan Maintenance
County of Los Angeles
All-Hazards Mitigation Plan
8.1 Community Participation in Plan Maintenance
The Hazard Mitigation Plan will be reviewed regularly, acknowledging the dynamic nature of hazard landscapes and the evolving understanding of risks. Stakeholders’ engagement will be prioritized throughout the development and monitoring process, fostering transparency and accountability.
To maintain transparency and community involvement, the County has outlined several measures for continued public participation:
• Public Access to Hazard Mitigation Documents: A copy of the 2025 AHMP will be maintained on the Los Angeles County Hazard Mitigation Program website along with contact information. Los Angeles County OEM will notify the public of any changes or updates, including mitigation projects identified in the plan as they are implemented, via social media, and traditional local media channels. • Annual Public Engagement Opportunities: Los Angeles County OEM will endeavor to hold multiple in-person public engagement opportunities for hazard mitigation to keep the public informed of progress on hazard mitigation projects, obtain ongoing public feedback, and educate the public about the County’s hazard mitigation efforts.
• Online Portal: A Los Angeles County Hazard Mitigation Program website will be established to provide the public with more information on hazard mitigation and project updates. This portal will serve as a mechanism to obtain continuous public feedback as projects are implemented and offers access to mitigation resources.
• Standing Advisory Committee: The Hazard Mitigation Advisory Committee will be expanded to a standing status and will meet at least once per year or more often as determined necessary to support hazard mitigation projects. The standing Hazard Mitigation Advisory Committee will be comprised of representatives from diverse community groups to provide ongoing input and oversight of hazard mitigation efforts. The standing Hazard Mitigation Advisory Committee will also serve as an important forum for future updates of the AHMP.
These activities ensure that the community remains informed and actively engaged in the plan’s implementation and maintenance.
County of Los Angeles
All-Hazards Mitigation Plan
8.2 Monitoring, Evaluation, and Maintenance
To ensure the continued effectiveness of this All-Hazard Mitigation Plan (AHMP), effective monitoring and evaluation will be conducted throughout the plan implementation period. Regular assessments will monitor progress and evaluate the achievements of the intended outcomes. Performance metrics will be developed to quantify the impact of each mitigation action, allowing for data driven adjustments and refinements.
The plan will be reviewed annually to assess progress on mitigation actions. Annual review will include the following elements:
• Annual Review Worksheets: Every year, LA County OEM will email each member of the Hazard Mitigation Advisory Committee an Annual Review Worksheet to complete. As shown in Appendix E, the Annual Review Worksheet reflects the FEMA Local Hazard Mitigation Plan Review Tool and includes the following sections: planning process, hazard profile, risk assessment, and mitigation strategy. Each member of the Hazard Mitigation Advisory Committee will email completed worksheets back to LA County OEM to review. LA County OEM will summarize these findings and email them out to the committee.
Additionally, the findings from the review worksheets will be presented to the full Hazard Mitigation Advisory Committee at its next regular meeting. • Mitigation Progress Project Reports: Mitigation actions will be monitored and updated using the Mitigation Project Progress Report. During each annual review, each department or agency currently administering a mitigation project will submit a progress report to LA County OEM. For projects that are being funded by a FEMA mitigation grant, FEMA quarterly reports may be used as the preferred reporting tool. As shown in Appendix E, the progress report will discuss the current status of the mitigation project, including any changes made to the project, identify implementation problems, and describe appropriate strategies to overcome them.
• Post-Incident Mitigation Review: Following a major disaster event impacting Los Angeles County, a post-disaster review will be initiated by LA County OEM to evaluate the need to update the AHMP based on the circumstances of the disaster and incorporate any specific mitigation actions required due to the County of Los Angeles
All-Hazards Mitigation Plan
incident. If LA County OEM finds that an update to the AHMP is needed, the Hazard Mitigation Advisory Committee will be convened to begin drafting the update.
8.3 Criteria for Updating the Hazard Mitigation Plan
The All-Hazards Mitigation Plan (AHMP) is required to be updated every five years in compliance with the Disaster Mitigation Act of 2000 (DMA 2000) and FEMA guidance (44 CFR § 201.6). The update process is not merely an administrative requirement but a critical mechanism to evaluate the plan’s effectiveness in reducing risk and guiding mitigation strategies.
1. Review of Past Actions and Effectiveness
The update process begins with a thorough review of the mitigation actions outlined in the previous plan. This includes:
• Evaluating the implementation status of each action (completed, in progress, not started).
• Assessing the impact and effectiveness of completed actions in reducing hazard risk.
• Determining if the objectives are still relevant or require modification based on new data or circumstances.
2. Integration of New Data and Changing Conditions
• Hazard profiles and risk assessments are updated with new hazard event data, climate science, and changes in development or land use. • Demographic shifts and infrastructure changes are reviewed to reassess vulnerability.
• Technological advancements or improved modeling tools (e.g., Hazus, National Risk Index) are incorporated to refine risk analysis.
3. Community and Stakeholder Input
The update process must actively include community participation to maintain transparency and ensure the plan reflects local priorities. This includes:
County of Los Angeles
All-Hazards Mitigation Plan
• Public workshops and surveys.
• Targeted outreach to vulnerable populations including those with Access and Functional Needs (AFN).
• Feedback from County departments, cities, NGOs, and regional partners.
4. Performance Evaluation and Metrics
To ensure effectiveness, the plan maintenance strategy includes:
• Annual progress reports that monitor implementation progress and identify barriers.
• Metrics to evaluate the reduction of risk or exposure over time. • Documentation of lessons learned from real events and exercises to inform changes.
5. Revision of Goals, Objectives, and Actions
Based on the evaluation findings, the plan’s goals and mitigation actions are revised to improve alignment with current capabilities, risk levels, and funding opportunities.
Each updated action includes:
• Clear responsibilities.
• Realistic timelines.
• Evaluation metrics to measure future success.
8.4 Plan Update
The 2025 LHMP includes an updated methodology for future revisions, ensuring compliance with federal and state guidelines. A full plan update will occur every five years.
• 2030 AHMP Update Kickoff: LA County OEM will convene the Hazard Mitigation Advisory Committee for a meeting to review the worksheet findings and endeavor to begin the process of updating the AHMP in approximately November 2028. The planning process should begin a minimum of 18 months prior to the plan’s expiration. LA County OEM, in consultation with the Hazard Mitigation Advisory Committee, will develop a work plan for the update, conduct County of Los Angeles
All-Hazards Mitigation Plan
research and review relevant documentation, determine hazards to be included in the 2030 AHMP, and begin the process to draft an updated AHMP. • Plan Submission and Adoption: Once updated, the plan is submitted to Cal OES and FEMA for review. Upon conditional approval, it must be adopted by the Los Angeles County Board of Supervisors and participating jurisdictions to maintain eligibility for FEMA Hazard Mitigation Assistance (HMA) grants.
8.5 Integration with Other Plans
Los Angeles County is committed to ensuring that hazard mitigation planning is not a standalone effort, but a fully integrated component of broader County planning initiatives. By strategically weaving the goals, objectives, and actions of the All-Hazards Mitigation Plan (AHMP) into a variety of local and regional plans such as the General Plan, Capital Improvement Plans, Climate Action and Adaptation Plans, and departmental strategic plans; the County promotes a more cohesive and effective approach to building long-term resilience. This integration is achieved through ongoing collaboration with County departments, cities, and regional agencies to align land use, infrastructure development, and emergency preparedness efforts with identified hazard risks. Embedding hazard mitigation principles into existing policies and planning mechanisms ensures that they become an inherent part of decisionmaking processes, project funding prioritization, and long-term investment strategies ultimately reducing vulnerabilities and enhancing the resilience of communities across Los Angeles County.
The Los Angeles County AHMP will be shared across all jurisdictions within the operational area. Those jurisdictions will have the opportunity to incorporate the 2025 AHMP into their established planning process. The Hazard Mitigation Advisory Committee will assess the plan at a yearly basis, acknowledging the dynamic nature of hazard landscapes and the evolving understanding of risks. The OEM Hazard Mitigation Program will make the AHMP available for all county departments to incorporate into departmental planning efforts, and other relevant documents produced by Los Angeles County departments.
County of Los Angeles
All-Hazards Mitigation Plan
9 Plan Adoption
County of Los Angeles
All-Hazards Mitigation Plan
9.1 Plan Adoption Overview
Plan Adoption addressed Element F of the Local Mitigation Plan Regulation Checklist under single jurisdiction plan requirement.
The Los Angeles County Board of Supervisors officially adopted the 2025 All Hazard Mitigation Plan (AHMP) through a formal resolution on September 9, 2025. A scanned copy of the resolution is included in Appendix F. The Los Angeles County Office of Emergency Management (OEM) will retain the resolution for its records, while copies will be submitted to both Cal OES and FEMA.
This Plan adoption completes the mitigation planning process and department agencies, stakeholders, and community’s commitment to the goals and actions. It also recognizes the current planning process and acknowledges changes from the past five years and validates the priorities for hazard mitigation actions. It makes the community eligible for certain FEMA assistance that can fund some mitigation actions.
After being adopted by the Los Angeles County Board of Supervisors, the 2025 AHMP transitions into the implementation phase. The success of the plan hinges on the integrating its mitigation strategies and actions into the local plans and policies. The mitigation action items collectively establish a robust framework to guide the County’s hazard mitigation strategies over the next five years. To ensure these strategies are effective, actionable and well aligned with the county’s long term resilience goals, the Planning Advisory Committee has set clear objectives. Their prioritized approach focuses on seamlessly blending mitigation actions with current policies, plans, and emphasizing collaboration and coherence throughout.
County of Los Angeles
All-Hazards Mitigation Plan
Appendices
APPENDIX F
WATER RATES
City of Glendora
Water Rates for Calendar Year 2026
Your water rates pay for:
- Groundwater and imported water supply
- 24/7 Operations
- Routine maintenance and emergency repairs
- Infrastructure improvements
Your Water System
The City of Glendora owns and operates a potable water system which includes 210 miles of water mains, 29 reservoirs, 20 pump stations, 8 active wells, and 13,500 water meters. The City serves an area of approximately 11 square miles and provides water service to a population of about 45,550. The water system consists of 17 pressure zones, which is categorized into 4 main zone classes, as illustrated in the following table.
Zone Class Hydraulic Zones
A 1, 1RB, 1RA
B 2, 1A, 1B
C 3, 1BH1, 2H1, 2H2
D 3A, 3B, 3C, 3C1, 3D, 4, 4A
The City provides reliable water service 24 hours a day, 7 days a week. To ensure continuous high-quality service, Glendora has developed a water rate structure that is fair, equitable, and promotes water conservation in compliance with State mandates.
The primary source of water supply is local groundwater from the Main San Gabriel Groundwater Basin (Main Basin). The water supply is supplemented with imported water from Three Valleys Municipal Water District through three (3) connections.
In April 2023, the Water Master Plan was finalized by AKM Consulting Engineers. The document is a comprehensive planning guide for the improvement and upgrade of the water system.
Some of the wells and pipes are over 100 years old, and there are many facilities that have reached the end of their useful lives. The Water Master Plan recommended a Capital Improvement Plan (CIP) to improve wells, reservoirs, and pump stations based upon asset condition assessments and operational needs. With an average of 265 pipe breaks per year, the Water Master Plan developed pipe improvement projects by conducting a risk-based pipe condition assessment.
Additionally, projects were recommended to ensure that the system is capable of providing adequate supply, storage, pressure, and water flow for normal system operations and standard fire flow events. The Water Master Plan identified $350M in needed upgrades, with budgeted CIP totals of $30M budgeted for the first five (5) years.
Rate Structure
The water rate structure was developed to ensure that there is sufficient revenue to fund the safe and reliable delivery of water to customers, the completion of infrastructure projects over the next five (5) years and maintain an emergency reserve fund.
In compliance with Proposition 218, the City Council approved a water rate structure on November 28, 2023. The rate structure implemented in January 2024, consists of a fixed meter connection charge, tiered consumption rates, and elevation charges for pumping expenses in hydraulic zones at higher elevations. In subsequent calendar years, the water rates are adjusted by the Consumer Price Index for all urban consumers (CPI-U) for Los Angeles-Long Beach-Anaheim published by the U.S. Department of Labor. The CPI-U adjustment is based on the percentage change between October of the prior year and October of the current year, not to exceed a total increase of five percent (5%) for each year.
The Rate Schedule for 2026 reflects the 3.45%* increase in the CPIU for Los Angeles-Long Beach-Anaheim from October 2024 to October 2025. (*Due to the federal government shutdown, the October 2025 CPI-U is not available. The average of the CPI-U from September and November 2025 was used to estimate the October 2025 value and calculate the new rates.)
Bi-Monthly Fixed Meter Connection Charges
The Meter Connection Charge is a fixed fee that varies according to the customer’s water meter size. The bi-monthly fixed charge components increase as the meter size increases due to the affect that a large meter has on the overall water system infrastructure.
The revenue generated for the meter connection charge was developed to fund fixed expenditures, which include existing debt service, future debt service (covering 50% of the capital improvement projects), and 50% of the operation and
maintenance related expenditures (tools, equipment, meters, pipes, salaries, benefits, customer service, etc.).
Consumption Rates
Consumption Rates include components for four (4) consumption Tiered Rates and Elevation Rates. The revenue generated will fund the expenditures for groundwater, purchased water, the
production of water, water conservation programming, and 50% of the capital improvement projects. The allowable usage in each tier is takes into consideration the California Assembly Bill 1668 indoor water use goal, minimum usage by meter size, and the existing rate structure’s Baseline Allocation Threshold Units.
The Elevation Rate component is broken up by four (4) zone classes, which were established as part of this study to assign the costs fairly and equitably. The revenue generated will fund the energy and pumping facilities expenditures that are required to pump water to the higher zone elevations and 50% of the operation and maintenance expenditures (tools, equipment, pumps, pipes, salaries, benefits, customer service, etc.).
- Strategic waterline upgrades and replacement
- Supply reliability, via Main San Gabriel Watermaster
- Community programs
- Conservation programs
City of Glendora
Water Rates for Calendar Year 2026
*Billing Units are measured in hundred cubic feet, CCF or HCF. (1 CCF = 748 gallons)
Example: A typical residential customer with a ¾” meter using 38 billing units will see an average increase of $6.73 per billing period.
FOR QUESTIONS, CONCERNS, OR MORE INFORMATION:
Water Billing:
Phone: (626) 914-8239
Email: [email protected]
Website: cityofglendora.gov/waterbilling
Conservation:
Phone: (626) 852-5205
Email: [email protected]
Website: cityofglendora.gov/waterconservation
Consumption Threshold (CCF)*
Meter Size
(inches)
Tier 1 Tier 2 Tier 3 Tier 4
5/8 & 3/4 1-12 13-38 39-76 77+
1 1-18 19-67 68-134 135+
1 ½ 1-42 43-134 135-268 269+
2 1-64 65-220 221-440 441+
3 1-181 182-419 420-838 839+
4 1-181 182-658 659-1,316 1,317+
6 & 8 1-328 329-2,341 2,342-4,682 4,683+
Bi-Monthly Meter
Connection Charge
Meter
Size
(inches)
Meter
Connection
Charge
5/8 & 3/4 $90.96
1 $143.01
1 ½ $273.89
2 $440.74
3 $1,048.71
4 $1,048.71
6 $2,301.98
8 $2,301.98
Consumption Rates
Zone Tier 1 Tier 2 Tier 3 Tier 4 Elevation
A $1.86 $2.86 $3.85 $4.84 $0.24
B $1.86 $2.86 $3.85 $4.84 $1.09
C $1.86 $2.86 $3.85 $4.84 $2.19
D $1.86 $2.86 $3.85 $4.84 $3.63
NOTICE OF PUBLIC HEARING
GLENDORA CITY COUNCIL
YOU MAY BE AFFECTED BY THE FOLLOWING:
_____________________________________________
NOTICE IS HEREBY GIVEN that the City of Glendora City Council will hold a public hearing in the City Council Chamber of City Hall, 116 E. Foothill Boulevard, Glendora, California, on Tuesday, May 26, 2026 at 7:00 p.m. to receive and consider all evidence and reports relative to the purpose of adopting its 2025 Regional Urban Water Management Plan and its Water Shortage Contingency Plan.
The 2025 Regional Urban Water Management Plan and Water Shortage Contingency Plan were prepared pursuant to the “Urban Water Management Planning Act” and the California Water Code.
The California Department of Water Resources requires every urban water supplier to prepare and adopt an Urban Water Management Plan, including the Water Shortage Contingency Plan, and periodically update the Urban Water Management Plan at least once every five years, in years ending in six and one.
All interested parties are invited to attend said hearing and express their views on this matter.
Should you be unable to attend the public hearing, your testimony must be made in writing and delivered prior to the scheduled hearing date as follows: City Clerk Department, 116 E. Foothill Blvd, Glendora, CA, 91741, [email protected].
Further information on this item will be posted to the city’s website at CityofGlendora.gov/CityHall/Public-Notices and will be on file for public inspection and copying for the cost of duplication, at the office of the City Clerk, 116 E. Foothill Blvd, Glendora, CA, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays, within those hours for agenda posting and public inspection as required by the Ralph M. Brown Act, California Government Code 54950 et seq. as applicable to this meeting.
Staff has determined that the original project is Categorically Exempt from the provisions of the California Environmental Quality Act under Sections 15060(c)(2), 15060(c)(3), and 15378.
If you challenge this action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Glendora City Council prior to the public hearing.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published San Gabriel Valley Examiner: May 7, 2026 and May 14, 2026 Mailed: April 27, 2026
STAFF REPORT
TO: Mayor and Council Members DATE: June 9, 2026
FROM: Public Works DISTRICT(S): Citywide
SUBJECT: Consideration of Amendment No. 5 to the Franchise Agreement Between the City of Glendora and Arakelian Enterprises, Inc., dba Athens Services for Integrated Waste Management
RECOMMENDATION
That the City Council:
1. Approve Amendment No. 5 to the Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., dba Athens Services for Integrated Waste Management.
STRATEGIC FOCUS AREAS
N/A
EXECUTIVE SUMMARY
The proposed Amendment No. 5 (Fifth Amendment) to the City’s Franchise Agreement with Athens Services includes changes intended to improve service operations, clarify administrative requirements, and maintain compliance with state law, including Senate Bill 1383 (SB 1383).
The Fifth Amendment revises commercial and multi-family service requirements by implementing a standardized three-container collection system (trash, recycling and organics), updates billing and delinquency procedures, formalizes porter services in the village, establishes a new Senior Discount Program, updates the Environmental Administrative Fee, and revises the maximum rate schedule.
The updated maximum rate schedule requires a Proposition 218 notice and public hearing process. Adoption of the Fifth Amendment will help ensure continued compliance with state requirements while supporting consistent and reliable waste collection services citywide. Implementation of any proposed rate adjustments remains subject to completion of the Proposition 218 notice and public hearing process.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City and Athens Services entered into the original Franchise Agreement on September 1, 2014. The Agreement has been amended as follows:
First Amendment – 2015
Second Amendment – 2018
Third Amendment – 2020
Fourth Amendment – 2022
SB 1383 was signed into law in 2016 and established statewide requirements for organic waste diversion and enforcement. The Fourth Amendment incorporated significant program changes to comply with SB 1383, including organics collection, procurement requirements, and expanded service standards.
DISCUSSION
SB 1383 established statewide requirements to reduce organic waste disposal and strengthen local enforcement of waste diversion programs. While the City has already implemented residential organics and recycling collection programs, the Fifth Amendment includes additional revisions to ensure compliance for commercial and multi-family properties.
The Fifth Amendment revises commercial and multi-family collection services, billing procedures and rate structures. Additional changes include implementation of a Senior Discount Program, formalization of existing downtown maintenance services, and revisions to indemnification provisions intended to clarify responsibilities between the parties.
Service Level and Operational Revisions
The Fifth Amendment updates commercial and multi-family service requirements to support compliance with SB 1383 and improve consistency across collection services. While commercial recycling has previously been required under AB 341, the Fifth Amendment formalizes recycling collection through the implementation of a standardized three-container collection system, including updated minimum service levels for solid waste, recycling, and organic waste collection. These revisions support organics diversion requirements, contamination monitoring, and consistent service standards across all generators.
The Fifth Amendment also clarifies collection expectations for City facilities and community events, including collection of source-separated materials from all City facilities. In addition, the Amendment formally incorporates downtown porter services to be provided by Athens Services on Glendora Avenue, including litter collection, sidewalk sweeping, container servicing, and maintenance of public amenities within the downtown village. These activities, along with downtown pressure washing, will continue to be provided at no cost to the City.
Introduction of a Senior Discount Program
The Fifth Amendment establishes a new Senior Discount Program for eligible residential customers. The program will provide a 10% discount on solid waste collection services for up to 250 qualifying households. To qualify, customers must be at least 62 years of age, be the account holder of record for a single-family residence within the City, occupy the service address as their primary residence, and meet very low-income eligibility requirements established by the U.S. Department of Housing and Urban Development (HUD). The City will be responsible for administering and verifying program eligibility. The cost of the program will be funded by Athens Services and will not impact the City’s General Fund or other ratepayers.
Billing and Administrative Updates
The Fifth Amendment clarifies Athens Services’ responsibility for billing and collections and establishes updated procedures for delinquent accounts, including timelines for service suspension and the potential placement of qualifying delinquencies on the property tax roll. The Fifth Amendment also updates the Environmental Administrative Fee to support the City’s costs associated with solid waste program administration, including regulatory compliance, contract oversight, public education, and municipal code enforcement. The fee includes an annual adjustment tied to the Trash Consumer Price Index (CPI).
Rate Adjustments and Proposition 218 Process
If approved following the Proposition 218 public hearing process, the proposed maximum rates would become effective July 15, 2026. Thereafter, beginning July 1, 2027, and each July 1 through 2030, an annual Trash CPI Adjustment plus 1% would be applied to all rates.
Commercial and multi-family generators will also receive a phased supplemental annual rate adjustment of $23.05 beginning July 15, 2026, and on each July 1 thereafter through July 1, 2030.
Residential rates under the proposed Amendment would remain consistent with the July 1, 2026 annual rate adjustment already authorized under the existing Franchise Agreement.
A Proposition 218 notice was mailed to all property owners within the City on May 29, 2026. A public hearing will be held at the July 14, 2026 City Council meeting to consider and authorize the proposed maximum rates for a fiveyear period beginning July 15, 2026 through July 14, 2031. Any additional rate increases proposed during that fiveyear period beyond the authorized annual adjustments would require an additional Proposition 218 public hearing process.
Public Outreach Efforts
If approved, City staff and Athens Services will implement a public outreach and education plan for commercial and multi-family properties regarding the updated service requirements and program changes associated with Amendment No. 5.
FISCAL IMPACT
Exhibit C of the Fifth Amendment includes the proposed updated maximum rate schedule for all service recipients within the City (including City facilities), subject to approval through the Proposition 218 public hearing process.
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts associated with the recommendations in this report.
Prepared By: Stephanie Ryan, Management Analyst
Concurs With: Not Applicable
Reviewed By: Moises Lopez, Interim Public Works Director Certified to Availability of Funds: Marie Ricci, Deputy City Manager Approved By: Adam Raymond, City Manager
Legal Review: Danny Aleshire, City Attorney
CEQA Review: Not Applicable
Attachments
A_Glendora_-_Athens_Amendment_No_5_Partially_Executed.pdf B_Exhibit_C_-_Glendora_Rate_Sheet.pdf
C_Presentation_Athens_Services_Amendment_No_5.pdf
D_Athens_Services_Franchise_Agreement-_2014.pdf
E_Athens_Services_Amendment_No_1-_2015.pdf
F_Athens_Services_Amendment_No_2-_2018.pdf
G_Athens_Services_Amendment_No_3-_2020.pdf
H_Athens_Services_Amendment_No_4-_2022.pdf
Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 1
FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
GLENDORA AND ARAKELIAN ENTERPRISES, INC., DBA ATHENS SERVICES FOR
INTEGRATED WASTE MANAGEMENT
This FIFTH AMENDMENT to the FRANCHISE AGREEMENT (“Amendment” or Amendment No. 5”) is made as of this _____ day of __________, 2026 (“Effective Date”), by and between the CITY OF GLENDORA, a general law city and California municipal corporation (“City”) and ARAKELIAN ENTERPRISES, INC., dba Athens Services, a California corporation (“Athens Services” or “Athens”). City and Athens Services may hereinafter be individually referred to as a “Party” or collectively as the Parties.”
RECITALS
A. WHEREAS, the City and Athens Services have previously entered into that certain Franchise Agreement, dated September 1, 2014, for integrated waste management, as amended by that certain First Amendment, dated June 9, 2015; that certain Second Amendment, dated July 1, 2018; that certain Third Amendment, dated November 3, 2020; and that certain Fourth Amendment, dated November 1, 2022 (hereinafter collectively referred to as the “Agreement”); B. WHEREAS, the Legislature of the State of California, by enactment of California Public Resources Code §§ 40000 et seq., declares that it is within the public interest to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdictions;
C. WHEREAS, City and Athens Services seek to enhance SB 1383 programs within the City to, among other things, (i) increase the diversion of organic waste through the implementation of a citywide three-container collection program, (ii) expand the procurement of organic waste products, (iii) align certain route review protocols with the SB 1383 Regulations, and (iii) modify certain provisions relating to Athens Services’ exclusive franchise; D. WHEREAS, the City determines it is in the best interest of the City to implement the changes pertaining to the provision of services as specified in this Amendment No. 5; and E. WHEREAS, City and Athens Services desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:
TERMS
1. Amendment Definitions. Unless specified otherwise, all capitalized terms in this Amendment hereby refer to those defined terms specified in Chapter 6.10 of the Glendora Municipal Code (Specific Regulations for Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection) and 14 California Code of Regulations § 18982. If any term defined in this Amendment No. 5 has been previously defined in the Agreement, the definition in this Amendment No. 5 shall control. Unless specified otherwise, in the event of a conflict between a Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 2 definition in this Amendment and a definition in 14 California Code of Regulations § 18982, the definitions in Section 18982 shall control.
2. Vehicles. Section 3.D of the Agreement is hereby deleted in its entirety and replaced with the following:
D. Vehicles and Equipment
Athens Services shall furnish, at its own expense, an adequate number of vehicles and equipment required to perform the services required under this Agreement. The vehicles shall meet all applicable safety standards, shall be kept clean and in good repair, and shall visibly display Athens Services’ name, telephone number and vehicle number in size and format that can be readily identifiable to other vehicle passengers and pedestrians. All collection vehicles shall be powered by liquefied natural gas (LNG) or compressed natural gas. Athens Services’ vehicles shall comply with all applicable local, state, and federal rules and regulations currently in force or passed during the term of this Agreement, including SCAQMD and the Air Resource Board’s regulations. All vehicles used by Athens Services under this Agreement shall be registered with the California Department of Motor Vehicles, and shall be subject to inspection by all agencies with jurisdiction in accordance with applicable law. Upon request, City may inspect collection vehicles no more than once per year for the purpose of verifying compliance with the requirements of this Section. If a vehicle is determined to be out of compliance with the terms set forth in this Section 3.D, as demonstrated by the failure to pass vehicle inspection requirements or as otherwise provided in this Section 3.D, or if deemed in violation of clean air standards of an applicable regulatory agency, Athens Services must replace such vehicle.
3. Collections at City Facilities. The first sentence of Section 3.G of the Agreement is hereby deleted and replaced with the following:
G. City Facilities/Community Events Collection
City Facilities – Athens Services shall collect and dispose of all Solid Waste, source-separated Organic Waste, and source-separated Recyclable Materials generated at premises owned and/or operated by the City. Notwithstanding the foregoing, Athens Services shall collect and dispose of any Organic Waste and Recyclable Materials whether or not they are source-separated.
4. Senior Discount. A new Section 3.X is hereby added to the Agreement as follows:
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 3 X. Senior Discount
Athens Services shall provide collection services as set forth in Section 4.A.1 at discounted rates for up to two hundred and fifty (250) senior citizens residing at Single-family premises in the City, at a rate equal to ninety percent (90%) of the rates specified in Exhibit C (the “Senior Citizen Discount”). To be eligible, a customer must be sixty-two (62) years of age or older, be the account holder of record for residential waste services at a Single-family premises within the City, occupy the service address as their primary residence, and meet very low income eligibility requirements as established by the US Department of Housing and Urban
Development (HUD). The City shall be solely responsible for determining eligibility and administering the Senior Citizen Discount program, including establishing and verifying income criteria, and shall provide Athens Services with a written list of eligible customers no later than January 1 of each year during the term of the Agreement, and may update such list from time to time.
Athens Services shall implement any additions or removals within a reasonable time upon written notice from the City.
5. City Porter Services. A new Section 3.Y is hereby added to the Agreement as follows:
Y. City Porter Services
Athens Services shall provide porter services Monday through Friday from 10:00 a.m. to 3:00 p.m. on Glendora Avenue, between Foothill Boulevard and Bennett Avenue, as specified in Exhibit M.
For purposes of this Section, porter services shall include: emptying and cleaning of City-provided Gray Containers; wiping down light fixtures, tables, and benches; sweeping sidewalks as necessary to address the accumulation of Green Waste; and collecting loose rubbish to maintain the cleanliness of the street and sidewalks.
Athens Services shall provide the porter services specified herein at no charge to City, provided that in the event City issues a Notice of Intent to Wind-Down as specified in Section 6.B, City agrees to compensate Athens Services for such porter services at Athens Services’ then-existing hourly rates for the remaining term of the Agreement.
6. Commercial Collections. Section 4.A.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
2. Commercial Solid Waste – Services to be Performed
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 4 As frequently as requested by the Customer, but not less often than once per week, Athens Services shall collect from each premises not serviced under Section 4.A.1 all Solid Waste, source-separated Organic Waste, and source-separated Recyclable Materials in accordance with Exhibit K subject to the rates set forth in Exhibit C to the Agreement. Athens Services shall post all its bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and prohibited.
Athens Services shall clean and/or replace all of its bins used to serve the City’s Customers on an as-needed basis, with one cleaning or container exchange provided for each container at no additional charge once per calendar year. For additional cleanings, or exchanges, Athens Services may charge Customers in
accordance with the approved rate schedule (Exhibit C).
Notwithstanding the foregoing, Athens Services shall collect and dispose of any Organic Waste and Recyclable Materials whether or not they are source-separated.
7. Disposal and Processing Facilities. The first paragraph of Section 4.B of the Agreement is hereby deleted and replaced with the following:
Athens Services shall collect, dispose of, process, and transport all waste materials collected in the City to a lawfully permitted transfer facility, Materials Recovery Facility, Organic Waste Processing Facility, or landfill. For the avoidance of doubt, Athens Services shall not be required to transport Solid Waste to a High Diversion Organic Waste Processing Facility. Notwithstanding any provision in this Agreement to the contrary, Athens Services shall determine the facilities utilized under this Agreement.
8. Delinquent Accounts. Section 5.C of the Agreement is hereby deleted in its entirety and replaced with the following:
C. Athens Billing and Collection Responsibility.
1. Billing and Collection
Athens Services shall bill and collect rates for all services performed by Athens Services pursuant to the terms of this Agreement in the City limits for which the Customer is required to pay for service pursuant to Chapter 6.08 (Solid Waste) of the Glendora Municipal Code and pursuant to the rate schedule listed in Exhibit C to this Agreement. Athens Services shall remit to City the Franchise Fee billed and collected pursuant to the rate schedule listed in Exhibit C.
Athens Services shall have the sole responsibility to collect at its expense from all Customers billed pursuant to this Agreement.
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 5
2. Billing Frequency; Late Fees
Applicable commercial accounts may be billed monthly on the first day of each month for that month’s service, and residential accounts may be billed quarterly in advance. Payment terms for accounts billed monthly by Athens Services are net thirty (30) days. Payment terms for accounts billed quarterly by Athens Services are net ninety (90) days. Customer payments not received upon completion of services performed by Athens Services shall be considered delinquent. Late fees in the amount of 1% to 2% per month may be assessed by Athens Services on all delinquent balances.
3. Delinquency; Code Enforcement
If any delinquent payments from a Customer are not received within thirty (30) days, Athens Services may stop services and refer the respective premise to the City for public nuisance enforcement pursuant to § 6.08.260 of the Glendora Municipal Code. A notice/warning of a pending stop service will be prepared by Athens Services and delivered to the delinquent account owner and premise no less than seventy-two (72) hours prior to the service stoppage. If no payment by a delinquent Customer is made to Athens Services within fifteen (15) days after referral to the City for code enforcement purposes, the account may be cancelled by Athens Services, the Customer’s security deposit, if any, may be credited against the past due balance, and any remaining balance due to Athens Services will be considered a debt owed to Athens Services and may be submitted by Athens Services to a collections agency, or if requested by Athens Services, to the City. City agrees to assist Athens Services with the placement of qualifying delinquencies on the tax roll in accordance with applicable law and as specified in Section 5.C.4. For purposes of this section, a “qualifying delinquency” is a Customer that is at least sixty (60) days in arrears and for which Athens Services has provided at least one written notice delivered to the Customer by mail, personal delivery, or other reasonable means.
4. Tax Roll
If Athens Services elects to pursue the tax roll process for any qualifying delinquency, it shall notify the City in writing by May 1 (or another agreed-upon date) and provide all required
documentation at no cost to the City, including notices, reports, and publication costs. The City shall conduct necessary hearings, publish notices, and file all required documentation to place the delinquency on the tax roll, provided Athens Services meets the City’s submission requirements and has timely provided all required Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 6 information, reports, notice and materials to the City in connection with same.
9. Environmental Administrative Fee. Section 5.E of the Agreement is hereby deleted in its entirety and replaced with the following:
Athens Services shall pay a monthly “Environmental
Administrative Fee” to support the City’s managing and responding to comprehensive waste stream collection and disposal including, without limitation, MS4 permits, third-party contract oversight, community awareness programs and Glendora Municipal Code enforcement. Beginning September 1, 2025, Athens Services shall remit to the City the Environmental Administrative Fee in the amount of $50,633.44. Payment is due on or before the last business day of each calendar month for which the fee is owed. Beginning September 1, 2026, and on each September 1 thereafter, Athens Services shall adjust the Environmental Administrative Fee annually by the same percentage and in the same manner as the Trash CPI Adjustment applied to Athens Services’ rates pursuant to Section 1.2 of Exhibit D.
10. Indemnification. Section B11 of Exhibit B, inclusive of each subpart, is hereby deleted from the Agreement in their entirety and replaced with the following:
A. General Indemnification
Athens Services hereby agrees to and shall indemnify, defend and hold harmless City, its officers, employees, servants and agents (collectively, “City Indemnitees”) from and against all suits and causes of action, claims, losses, demands, fines, and expenses, or for contribution or indemnity claimed by third parties (including those asserted by any applicable agency, such as the CalRecycle), including but not limited to attorney’s fees, cost of litigation (to include actual litigation costs, such as the cost of experts and consultants), and damage or liability (collectively, “Claims”) (i) for death or injury to any person, including Athens Services officers, employees, servants and agents (collectively, “Athens Agents”); and/or, (ii) due to or resulting from the failure of Athens Services, or any Athens Agents to comply (after notice and an opportunity to cure as provided herein) in all material respects with the provisions of this Agreement and applicable law; and/or (iii) for damage or destruction to any City property; arising by reason and to the extent of the negligent acts, errors, omissions, or willful misconduct of Athens Services and/or any Athens Agents incident to the performance of this Agreement.
B. Indemnification of Athens Services
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 7 City shall indemnify and defend, with counsel reasonably acceptable to Athens Services, Athens Services and all Athens Agents from and against any and all Claims for (i) bodily injury or death to any person whomsoever and/or damage to any property whatsoever arising out of, or resulting in any way from, the active or gross negligence, or willful acts of City Indemnitees; (ii) the material breach of this Agreement by City Indemnitees; and (iii) any violation of applicable law by City Indemnitees.
C. Hazardous Contaminant Indemnification
1. Athens Services specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel reasonably acceptable to City) reimburse, indemnify, and hold City Indemnitees harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, suits, actions, attorneys’fees, consultant fees, penalties and any and all other losses, fees and expenses of whatever kind or nature (“Hazardous Contaminant Claims”) (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, and remediation costs) to the extent such Hazardous Contaminant Claims arise directly out of any grossly negligent or willful act of Athens Services that results in the improper disposal of any Hazardous Contaminant (as defined herein) incident to the performance of this Agreement.
2. Athens Services’ obligations pursuant to this Section shall apply, without limitation, to: (i) any Hazardous Contaminant Claims brought pursuant to or based on the provisions of the
Comprehensive Environmental Response, Compensation and
Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto; and (ii) any Hazardous Contaminant Claims to the extent based on or arising out of the collection, transportation, storage, processing, or disposal of any Hazardous Contaminant (exclusive of e-waste) by Athens Services.
3. For purposes of this Section, the term “Hazardous
Contaminant” shall mean any “hazardous material,” as that term is defined under California Health & Safety Code Section 25501(1); any “hazardous substance,” as that term is defined herein or under California Health & Safety Code Sections 25281(f), 2550lI, 25501.1 Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 8 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material.
D. Diversion Indemnification
Subject to the requirements of Public Resources Code Section 40059.1, which will control in the event of any conflict with the provisions of this Agreement, Athens Services agrees to protect, defend, and hold harmless City from and against all fines and penalties imposed by CalRecycle if and to the extent the diversion goals specified in Public Resources Code Section 41780(a)(2) are not met due to the material failure of Athens Services to implement and operate the recycling or diversion programs required by this Agreement.
E. Exceptions
Notwithstanding any other provision of this Agreement to the contrary, Athens Services’ obligation to indemnify, hold harmless and defend City Indemnitees under this Agreement will not extend to any Claims (i) relating to, arising or resulting from the active or gross negligence, willful misconduct, material breach of this Agreement, or violation of law on the part of City Indemnitees, (ii) directly caused by the acts or omissions of third parties, including without limitation the negligence, willful misconduct, or violation of law of such third parties, and/or (iii) that are otherwise limited by Public Resources Code Section 40059.1.
11. Defaults and Remedies. The first paragraph of Section B14.A of Exhibit B to the Agreement is hereby deleted and replaced with the following:
If the City Manager determines that Athens Services is in breach of any material provision of this Agreement, including Events of Default as specified in Section B14.B, the City Manager shall so notify Athens Services in writing, and the notice shall include a reasonable time within which Athens Services may cure the breach.
A reasonable time shall be at least thirty (30) days from receipt by Athens Services of such written notice. The City Manager shall review Athens Services' actions in response to such notice and shall Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 9 notify Athens Services in writing of his determination as to whether the breach has been cured within the specified time.
12. Default Service; Exemptions. Sections 2.A and 2.B of Exhibit K to the Agreement is hereby deleted in its entirety and replaced with the following:
A. Default Service
As a default, each Single-Family generator shall receive at least (i) one (1) 96-gallon barrel for the collection of source-separated Solid Waste; (ii) one (1) 96-gallon barrel for the collection of sourceseparated Recyclable Materials; and (i) one (1) 96-gallon barrel for the collection of source-separated Organic Waste. Further, as a default, each Commercial business generator (including School District Facilities) shall receive at least (i) one (1) 3-yard Bin for the collection of Solid Waste, (ii) one (1) 96-gallon barrel for the collection of source-separated Recyclable Materials, and (iii) one (1) 64-gallon barrel for the collection of source-separated Organic Waste.
B. Customers Receiving Exemptions
If a Customer qualifies for an exemption from Organic Waste collection in accordance with Section 2.D of this Exhibit K, such Customer may elect to not receive a barrel for the collection of source-separated Organic Waste and, in the alternative, may request an additional 96-gallon barrel for the collection of Recyclable Materials free of charge. Such Customers shall not otherwise be entitled to additional discounts or service substitutions as a result of receiving a waiver.
13. Recovered Organic Waste Products. Section 5 of Exhibit K is hereby deleted in its entirety and replaced with the following:
5. Recovered Organic Waste Products.
A. Athens Services shall, on behalf of City, procure and provide to, or cause to procure and provide, City sufficient quantities of Compost, mulch, and/or California-derived Renewable Natural Gas (“CRNG”) to meet the City’s required annual per capita
procurement of products produced in accordance with 14 CCR Section 18993. Athens Services may meet this obligation by one or more of the following activities, as determined by Athens Services:
(i) the use of CRNG in collection vehicles, provided such CRNG complies with 14 CCR Section 18993.1; and/or (ii) sufficient tons of Compost or mulch. Further, Athens Services may utilize other Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 10 methods approved by CalRecycle or applicable law to assist City in satisfying City procurement requirements hereunder.
B. Athens Services shall comply with the recordkeeping and verification requirements of 14 CCR Section 18993.1 and 14 CCR Section 18993.2, as applicable, including but not limited to, records sufficient to evidence the procurement of recovered Organic Waste products made by Athens Services on behalf of City. City shall notify Athens Services as soon as practicable of any third-party request under the California Public Records Act (excluding any request by CalRecycle) to review or copy documents provided to City in connection with or related to this Section 5.
C. Subject to the mutual agreement of the Parties and consistent with the requirements of this Section 5, Athens Services may deliver Compost or mulch to certain City-sponsored events. City must provide Athens Services with written notice of such requested service no less than thirty (30) days in advance of each Citysponsored event.
14. Route Reviews. The first sentence of Section 7 of Exhibit K is hereby deleted and replaced with the following:
Athens Services shall on an annual basis, commencing January 1, 2023, conduct hauler route reviews for “Prohibited Container Contaminants” consistent with and as defined in 14 CCR Section 18984.5(b) in a manner deemed safe by Athens Services.
15. Adjustments to Maximum Rate Schedule. Sections 1.2 and 1.3, inclusive of each subpart, of Exhibit D are hereby deleted and replaced with the following:
1.2 Adjustments to Maximum Rate Schedule.
1.2.1 Annual Adjustments. Each July 1, the rates set forth in Exhibit C shall be adjusted by the Trash CPI Adjustment. By way of illustration, rates shall be adjusted as follows:
Year Trash CPI
Year 2 642.053
Year 1 610.015
Difference + 32.038 Yr. 2 Trash CPI – Yr. 1 Trash CPI
Percentage Change + 5.25% (Difference ÷ Yr. 1 Trash CPI) + 1 Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 11
1.2.2 Rounding. Adjustments to the overall Maximum
Service Schedule shall be made only in units of $0.01. Fractions of less than $0.01 shall not be considered in making adjustments. All Trash CPI Adjustments shall be rounded at two decimal places for the adjustment calculations.
1.2.3 Adjustment Notice; City Approval. No later than
each May 15, Athens Services shall deliver notice to City on its proposed adjustment to the Maximum Service Rate Schedule for the subsequent calendar year (the “Adjustment Notice”). Athens Services shall be solely responsible for the cost of preparing the Adjustment Notice. In the event City determines the Adjustment Notice contains substantial errors or omissions, City shall immediately notify Athens Services and Athens Services shall, at its sole cost, provide a corrected report to the City. Upon City receipt of a timely and correct Adjustment Notice, no later than June 15, or as extended by mutual agreement of the Parties, City shall approve the requested adjustments to the Maximum Service Rate Schedule for the rate year beginning July 1.
1.2.4 Rate Hearings. At the City’s election, and without admitting the applicability of Proposition 218 to this Agreement, City may conduct hearings with respect to the approval or adjustment of the rates specified in Exhibit C in accordance with Proposition 218. If such hearings commence, the City Council shall undertake and conclude a vote to approve or adjust such rates, including but not limited to a vote for the adoption of an extension to the Trash CPI Adjustment in accordance with applicable law, including without limitation Government Code § 53756, and Article XIIID, Section 6(a) of the California Constitution, to the extent applicable.
1.3 Phase-In. On July 15, 2026, and on each July 1 thereafter through, and including, July 1, 2030, Athens Services shall add a supplemental fee of $23.05 annually to the then-existing net rates applicable to Commercial business generators. This supplemental rate increase shall be in addition to any other rate adjustment to the Maximum Rate Schedule, including any annual Trash CPI
Adjustment, implemented in accordance with Exhibit D to the Agreement.
16. Maximum Rate Schedule. Exhibit C (Maximum Rate Schedule) attached to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit C attached hereto as Attachment 1 to this Amendment and incorporated herein by reference.
17. Pressure Washing (Exhibit M). Exhibit M (Pressure Washing) attached to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit M (Pressure Washing Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 12 and Porter Services) attached hereto as Attachment 2 to this Amendment and incorporated herein by reference.
18. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.
19. Entire Amendment. This Amendment contains the entire agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Amendment.
20. Full Force and Effect. Other than as set forth in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict between the Agreement and this Amendment, this Amendment shall apply.
21. Counterparts. This Amendment may be executed in counterparts, each of which shall be considered an original. Each of the Parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other Party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby waive any defenses to the enforcement of the terms of this Amendment based on the form of signature. [Signature page follows]
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 13 IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the Effective Date set forth above.
CITY OF GLENDORA,
a California municipal corporation
ARAKELIAN ENTERPRISES, INC.,
a California corporation
David Fredendall
Mayor
Ron Arakelian III
Executive Officer
Date: Date:
ATTEST
Kathleen Sessman
City Clerk / Communications Director
Adam Arakelian
Executive Officer
Date: Date:
APPROVED AS TO FORM
Danny Aleshire
City Attorney
Date:
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B May 26, 2026 | 6:09 PM PDT
May 26, 2026 | 6:26 PM PDT
May 27, 2026 | 10:42 AM PDT
Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 14 ATTACHMENT 1
MAXIMUM SERVICE RATES
(AGREEMENT EXHIBIT C)
[Attached]
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
I. Residential Properties
A. Basic Rates
Single dwelling unit (Trash, Recycle, Organics) 47.49 5.22 52.71 Bin 1.5 yard 1X 267.87 29.47 297.34
Bin 3 yard 1X 350.83 38.59 389.42
Bin 3 yard 2X 558.30 61.41 619.71
Bin 3 yard 3X 755.55 83.11 838.66
Bin 3 yard 4X 946.57 104.12 1,050.69
Bin 3 yard 5X 1,120.98 123.31 1,244.29
Bin 3 yard 6X 1,232.40 135.56 1,367.96
Scout bin 1.5 yard 1X 341.05 37.52 378.57
Scout bin 1.5 yard 2X 549.26 60.42 609.68
Scout bin 3 yard 1X 424.10 46.65 470.75
Scout bin 3 yard 2X 704.72 77.52 782.24
Scout bin 3 yard 3X 884.79 97.33 982.12
Recycling Bin 3 yard 1X 95.52 10.51 106.03
Recycling Bin 3 yard 2X 151.39 16.65 168.04
Recycling Bin 3 yard 3X 237.64 26.14 263.78
Recycling Bin 3 yard 4X 316.83 34.85 351.68
Recycling Bin 3 yard 5X 398.41 43.83 442.24
Recycling Bin 3 yard 6X 477.58 52.53 530.11
B. Non-Basic Rates
Additional 4th Barrel 6.41 0.71 7.12
5th Barrel and Above 10.26 1.13 11.39
Residential curb scout 88.06 9.69 97.75
Residential yard scout 106.26 11.69 117.95
Residential Go Back 38.14 4.20 42.34
Residential Go Back Dead Run 38.14 4.20 42.34
Bear Barrel *Option to pay for the bear barrel up front or finance over 36 months 65g 301.25 33.14 334.39
96g 373.56 41.09 414.65
Bear Barrel - Monthly installment for 1 barrel (service not included) 65g 7.38 0.81 8.19
96g 9.15 1.01 10.16
Bear Barrel - Monthly installment for 2 barrel (service not included) 65g 14.75 1.62 16.37
96g 18.29 2.01 20.30
Rollout Service (Single Dwelling Units)
Rollout per 3 Barrels 33.41 3.67 37.08
Rollout per additional barrel above 3 12.82 1.41 14.23
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
II. Commercial Generators
A. Multi-Family Property Basic Rates
Duplex 116.40 12.80 129.20
Triplex 173.62 19.10 192.72
Per apartment 38.92 4.28 43.20
Apartment scout 59.61 6.56 66.17
B. Multi-Family Property Non-Basic Rates
Bin apartment rental 96.32 10.60 106.92
Scout bin apartment rental 162.20 17.84 180.04
Compactor bin apartment rental 391.36 43.05 434.41
Barrel Scout Service (Per Barrel Per Frequency)
1x 26.06 2.87 28.93
2x 52.13 5.73 57.86
3x 78.19 8.60 86.79
4x 104.26 11.47 115.73
5x 130.32 14.34 144.66
6x 156.38 17.20 173.58
7x 182.45 20.07 202.52
Bear Barrel
65g 347.88 38.27 386.15
96g 431.39 47.45 478.84
C. Commercial Property Basic Rates
Commercial organics phase in discount - 2026 (80%) 2027 (60%) 2028 (40%) 2029 (20%) 2030 (0%) Bundled Rates - Standard bundle includes trash, 96g recycle, 64g organics serviced 1x per week Bin 1.5 yard 1X - Bundle 394.49 43.39 437.88
Bin 1.5 yard 2X - Bundle 543.99 59.84 603.83
Bin 1.5 yard 3X - Bundle 668.45 73.53 741.98
Bin 1.5 yard 4X - Bundle 787.00 86.57 873.57
Bin 1.5 yard 5X - Bundle 895.40 98.49 993.89
Bin 1.5 yard 6X - Bundle 1,026.18 112.88 1,139.06
Bin 3 yard 1X - Bundle 477.56 52.53 530.09
Bin 3 yard 2X - Bundle 684.93 75.34 760.27
Bin 3 yard 3X - Bundle 884.11 97.25 981.36
Bin 3 yard 4X - Bundle 1,075.08 118.26 1,193.34
Bin 3 yard 5X - Bundle 1,249.48 137.44 1,386.92
Bin 3 yard 6X - Bundle 1,448.64 159.35 1,607.99
Scout bin 1.5 yard 1X - Bundle 467.73 51.45 519.18
Scout bin 1.5 yard 2X - Bundle 690.74 75.98 766.72
Scout bin 3 yard 1X - Bundle 550.72 60.58 611.30
Scout bin 3 yard 2X - Bundle 831.35 91.45 922.80
Scout bin 3 yard 3X - Bundle 1,067.82 117.46 1,185.28
Scout bin 3 yard 4X - Bundle 1,348.45 148.33 1,496.78
Scout bin 3 yard 5X - Bundle 1,629.09 179.20 1,808.29
Scout bin 3 yard 6X - Bundle 1,849.14 203.40 2,052.54
Compactor 2 yard 1X - Bundle 715.48 78.70 794.18
Compactor 2 yard 2X - Bundle 1,163.41 127.98 1,291.39
Compactor 2 yard 3X - Bundle 1,593.69 175.31 1,769.00
Compactor 2 yard 4X - Bundle 2,020.23 222.22 2,242.45
Compactor 2 yard 5X - Bundle 2,442.98 268.73 2,711.71
Compactor 2 yard 6X - Bundle 2,861.98 314.82 3,176.80
Compactor 4 yard 1X - Bundle 1,009.37 111.03 1,120.40
Compactor 4 yard 2X - Bundle 1,881.03 206.91 2,087.94
Compactor 4 yard 3X - Bundle 2,752.67 302.79 3,055.46
Compactor 4 yard 4X - Bundle 3,624.31 398.67 4,022.98
Compactor 4 yard 5X - Bundle 4,495.94 494.55 4,990.49
Compactor 4 yard 6X - Bundle 5,367.58 590.43 5,958.01
Compactor 6 yard 1X - Bundle 1,314.76 144.62 1,459.38
Compactor 6 yard 2X - Bundle 2,220.25 244.23 2,464.48
Compactor 6 yard 3X - Bundle 3,090.01 339.90 3,429.91
Compactor 6 yard 4X - Bundle 3,952.24 434.75 4,386.99
Compactor 6 yard 5X - Bundle 4,791.32 527.05 5,318.37
4 yard split bin (MSW/RECY) 1X - Bundle 621.74 68.39 690.13 4 yard split bin (MSW/RECY) 2X - Bundle 898.24 98.81 997.05 4 yard split bin (MSW/RECY) 3X - Bundle 1,163.82 128.02 1,291.84 4 yard split bin (MSW/RECY) 4X - Bundle 1,418.44 156.03 1,574.47 4 yard split bin (MSW/RECY) 5X - Bundle 1,650.98 181.61 1,832.59 4 yard split bin (MSW/RECY) 6X - Bundle 1,916.52 210.82 2,127.34 Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
Additional Trash Services
Bin 1.5 yard 1X 265.82 29.24 295.06
Bin 1.5 yard 2X 415.32 45.69 461.01
Bin 1.5 yard 3X 539.78 59.38 599.16
Bin 1.5 yard 4X 658.33 72.42 730.75
Bin 1.5 yard 5X 766.73 84.34 851.07
Bin 1.5 yard 6X 897.51 98.73 996.24
Bin 3 yard 1X 348.89 38.38 387.27
Bin 3 yard 2X 556.26 61.19 617.45
Bin 3 yard 3X 755.44 83.10 838.54
Bin 3 yard 4X 946.41 104.10 1,050.51
Bin 3 yard 5X 1,120.81 123.29 1,244.10
Bin 3 yard 6X 1,319.97 145.20 1,465.17
Scout bin 1.5 yard 1X 339.06 37.30 376.36
Scout bin 1.5 yard 2X 562.07 61.83 623.90
Scout bin 3 yard 1X 422.05 46.42 468.47
Scout bin 3 yard 2X 702.68 77.29 779.97
Scout bin 3 yard 3X 939.15 103.31 1,042.46
Scout bin 3 yard 4X 1,219.78 134.18 1,353.96
Scout bin 3 yard 5X 1,500.42 165.05 1,665.47
Scout bin 3 yard 6X 1,720.47 189.25 1,909.72
Compactor 2 yard 1X 586.81 64.55 651.36
Compactor 2 yard 2X 1,034.74 113.82 1,148.56
Compactor 2 yard 3X 1,465.02 161.15 1,626.17
Compactor 2 yard 4X 1,891.56 208.07 2,099.63
Compactor 2 yard 5X 2,314.31 254.57 2,568.88
Compactor 2 yard 6X 2,733.31 300.66 3,033.97
Compactor 4 yard 1X 880.70 96.88 977.58
Compactor 4 yard 2X 1,752.36 192.76 1,945.12
Compactor 4 yard 3X 2,624.00 288.64 2,912.64
Compactor 4 yard 4X 3,495.64 384.52 3,880.16
Compactor 4 yard 5X 4,367.27 480.40 4,847.67
Compactor 4 yard 6X 5,238.91 576.28 5,815.19
Compactor 6 yard 1X 1,186.09 130.47 1,316.56
Compactor 6 yard 2X 2,091.58 230.07 2,321.65
Compactor 6 yard 3X 2,961.34 325.75 3,287.09
Compactor 6 yard 4X 3,823.57 420.59 4,244.16
Compactor 6 yard 5X 4,662.65 512.89 5,175.54
4 yard split bin (MSW/RECY) 1X 493.07 54.24 547.31
4 yard split bin (MSW/RECY) 2X 769.57 84.65 854.22
4 yard split bin (MSW/RECY) 3X 1035.15 113.87 1149.02
4 yard split bin (MSW/RECY) 4X 1289.77 141.87 1431.64
4 yard split bin (MSW/RECY) 5X 1522.31 167.45 1689.76
4 yard split bin (MSW/RECY) 6X 1787.85 196.66 1984.51
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
D. Commercial Property Non-Basic Rates
3 Yd Temp 329.68 36.26 365.94
X-dumps 117.82 12.96 130.78
Bin Lock Lids 65.49 7.20 72.69
Bin Go Back Dead Run 133.21 14.65 147.86
Bin Exchange 183.77 20.21 203.98
Bin Exchange with Metal Lids 231.93 25.51 257.44
Bin Wash Out 133.21 14.65 147.86
CC 1 can 88.35 9.72 98.07
CC 2 can 140.61 15.47 156.08
CC 3 can 191.05 21.02 212.07
CC 4 can 239.21 26.31 265.52
CC 5 can 283.17 31.15 314.32
CC 6 can 327.34 36.01 363.35
Roll-off Mixed Waste (5 ton limit + actual cost over 5 tons) 1,532.40 168.56 1,700.96 Roll-off 10YD C&D (3 ton limit + actual cost over 3 tons) 1,179.22 129.71 1,308.93 Roll-off 20YD C&D (4 ton limit + actual cost over 4 tons) 1,358.75 149.46 1,508.21 Roll-off 30YD C&D (5 ton limit + actual cost over 5 tons) 1,538.28 169.21 1,707.49 Roll-off 40YD C&D (6 ton limit + actual cost over 6 tons) 1,717.81 188.96 1,906.77 Roll-off Dead Run 214.08 23.55 237.63
Roll-off Relocate Box 130.82 14.39 145.21
Roll-off Demurrage / Day 28.55 3.14 31.69
Roll-off Plastic Liners 59.50 6.55 66.05
Roll-off Same Day Service 70.00 7.70 77.70
Compactor Wash Out 440.10 48.41 488.51
Stand By 225.99 24.86 250.85
Transportation Services 261.69 28.79 290.48
Barrel Scout Service (Per Barrel Per Frequency)
1x 26.06 2.87 28.93
2x 52.13 5.73 57.86
3x 78.19 8.60 86.79
4x 104.26 11.47 115.73
5x 130.32 14.34 144.66
6x 156.38 17.20 173.58
7x 182.45 20.07 202.52
Bear Barrel
65g 347.88 38.27 386.15
96g 431.39 47.45 478.84
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
III. Recycle Services and Rates
Upsize from standard 96-gallon recycle barrel (1.5 yard and above) will discount listed rates by recycle component of bundled rate. AddiƟonal equipment will be billed at listed rates Primary Bundle Barrel (96G)
Recycle Cart 96g 1x 24.83 2.73 27.56
Additional Recycling Containers
Recycle Cart 96g 1x 64.67 7.11 71.78
Recycle Cart 96g 2x 128.05 14.09 142.14
Recycle Cart 96g 3x 191.43 21.06 212.49
Recycle Cart 96g 4x 254.82 28.03 282.85
Recycle Cart 96g 5x 318.20 35.00 353.20
Recycle Cart 96g 6x 444.97 48.95 493.92
Recycle Bin 1.5 Yard 1x 126.58 13.92 140.50
Recycle Bin 1.5 Yard 2x 197.77 21.75 219.52
Recycle Bin 1.5 Yard 3x 257.04 28.27 285.31
Recycle Bin 1.5 Yard 4x 313.49 34.48 347.97
Recycle Bin 1.5 Yard 5x 365.11 40.16 405.27
Recycle Bin 1.5 Yard 6x 427.38 47.01 474.39
Recycle Bin 3 Yard 1x 199.36 21.93 221.29
Recycle Bin 3 Yard 2x 317.86 34.96 352.82
Recycle Bin 3 Yard 3x 431.68 47.49 479.17
Recycle Bin 3 Yard 4x 540.80 59.49 600.29
Recycle Bin 3 Yard 5x 640.47 70.45 710.92
Recycle Bin 3 Yard 6x 754.27 82.97 837.24
IV. Organics Services and Rates
Upsize from standard 64-gallon organics barrel (1 yard and above) will discount listed rates Organics component of bundled rate. Additional equipment will be billed at listed rates Primary Bundle Barrel (64g)
Organic Cart 64g 1x 103.84 11.42 115.26
Additional Organic Containers
Organic Cart 32g 1x 103.84 11.42 115.26
Organic Cart 32g 2x 216.00 23.76 239.76
Organic Cart 32g 3x 323.18 35.55 358.73
Organic Cart 32g 4x 430.35 47.34 477.69
Organic Cart 32g 5x 537.51 59.13 596.64
Organic Cart 32g 6x 644.69 70.92 715.61
Organic Cart 32g 7x 751.87 82.71 834.58
Organic Cart 64g 1x 103.84 11.42 115.26
Organic Cart 64g 2x 226.80 24.95 251.75
Organic Cart 64g 3x 339.34 37.33 376.67
Organic Cart 64g 4x 451.87 49.71 501.58
Organic Cart 64g 5x 564.39 62.08 626.47
Organic Cart 64g 6x 676.93 74.46 751.39
Organic Cart 64g 7x 789.46 86.84 876.30
Organic Bin 1 Yard 1x 174.75 19.22 193.97
Organic Bin 1 Yard 2x 337.65 37.14 374.79
Organic Bin 1 Yard 3x 500.55 55.06 555.61
Organic Bin 1 Yard 4x 663.45 72.98 736.43
Organic Bin 1 Yard 5x 826.35 90.90 917.25
Organic Bin 1 Yard 6x 989.25 108.82 1,098.07
Organic Bin 1 Yard 7x 1,152.15 126.74 1,278.89
Organic Bin 1.5 Yard 1x 213.25 23.46 236.71
Organic Bin 1.5 Yard 2x 414.66 45.61 460.27
Organic Bin 1.5 Yard 3x 614.58 67.60 682.18
Organic Bin 1.5 Yard 4x 814.50 89.60 904.10
Organic Bin 1.5 Yard 5x 1,015.91 111.75 1,127.66
Organic Bin 1.5 Yard 6x 1,215.83 133.74 1,349.57
Organic Bin 1.5 Yard 7x 1,415.75 155.73 1,571.48
Organic Bin 2 Yard 1x 251.76 27.69 279.45
Organic Bin 2 Yard 2x 490.18 53.92 544.10
Organic Bin 2 Yard 3x 728.61 80.15 808.76
Organic Bin 2 Yard 4x 965.56 106.21 1,071.77
Organic Bin 2 Yard 5x 1,203.98 132.44 1,336.42
Organic Bin 2 Yard 6x 1,442.41 158.67 1,601.08
Organic Bin 2 Yard 7x 1,679.36 184.73 1,864.09
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
V. Other Optional Services and Rates
Account Stop Service 53.76 5.91 59.67
Account Reactivation 53.76 5.91 59.67
Declined Payment (Any Reason) 53.76 5.91 59.67
Late Fee (1.5% / Month, Subject to Minimum) 8.96 0.99 9.95 3 Yd Temp with Scout - Delivery 363.50 39.99 403.49
3 Yd Temp with Scout - Dump 134.73 14.82 149.55
Bin Delivery 89.61 9.86 99.47
Bin Removal 89.61 9.86 99.47
Bin Excess Waste Charge 62.73 6.90 69.63
Bin Excess Weight Charge 62.73 6.90 69.63
Roll-off Organics Haul (round-trip) 672.33 73.96 746.29 Roll-off Organics Disposal (per ton) 241.97 26.62 268.59 Roll-off 10YD Concrete (3 ton limit + actual cost over 3 tons) 971.60 106.88 1,078.48 Roll-off 30YD Metal 672.07 73.93 746.00
Roll-off 40YD Metal 716.87 78.86 795.73
Roll-off Roll-top Rental 89.61 9.86 99.47
Roll-off Overweight (>10 tons, plus disposal) 179.21 19.71 198.92 Roll-off Impound of Illegal Box (plus disposal) 1,344.09 147.85 1,491.94 Compactor Rental 403.25 44.36 447.61
Compactor Receiver Box Rental 985.68 108.42 1,094.10
Permanent Bin Service: Bulky Item Pickup - Each Additional Item 41.15 4.53 45.68 Permanent Bin Service: Bulky Item Pickup - First Item or dead run for scheduled bulky item pick-up 24.70 2.72 27.42 Barrel: Excess Waste or Excess Weight 14.16 1.56 15.72
Barrel : Extra Pick-Up 41.15 4.53 45.68
Contamination - Green Waste / Organics / Recycling 50.00 5.50 55.50 Temporary Bin: Dead Run 218.95 24.08 243.03
Temporary Bin: Demurrage 28.55 3.14 31.69
Commercial: Enclosure Clean-Up 93.83 10.32 104.15
Commercial: Tipping Bin Rental 65.84 7.24 73.08
Pressure Wash (Per Hour Rate) 185.11 20.36 205.47
Cardboard Boxes (per box) 6.39 0.70 7.09
Cardboard Box Liners (per box liner) 0.63 0.07 0.70
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B Amendment No. 5 – Athens Svcs (Integrated Waste Management) 06.09.2026 15 ATTACHMENT 2
PRESSURE WASHING AND PORTER SERVICES
(AGREEMENT EXHIBIT M)
Docusign Envelope ID: EE6E279A-528C-8B7E-8309-E5F52EEDEA4B New City Fee Total
Net Rate (@ 11.00%) Rate
I. Residential Properties
A. Basic Rates
Single dwelling unit (Trash, Recycle, Organics) 47.49 5.22 52.71 Bin 1.5 yard 1X 267.87 29.47 297.34
Bin 3 yard 1X 350.83 38.59 389.42
Bin 3 yard 2X 558.30 61.41 619.71
Bin 3 yard 3X 755.55 83.11 838.66
Bin 3 yard 4X 946.57 104.12 1,050.69
Bin 3 yard 5X 1,120.98 123.31 1,244.29
Bin 3 yard 6X 1,232.40 135.56 1,367.96
Scout bin 1.5 yard 1X 341.05 37.52 378.57
Scout bin 1.5 yard 2X 549.26 60.42 609.68
Scout bin 3 yard 1X 424.10 46.65 470.75
Scout bin 3 yard 2X 704.72 77.52 782.24
Scout bin 3 yard 3X 884.79 97.33 982.12
Recycling Bin 3 yard 1X 95.52 10.51 106.03
Recycling Bin 3 yard 2X 151.39 16.65 168.04
Recycling Bin 3 yard 3X 237.64 26.14 263.78
Recycling Bin 3 yard 4X 316.83 34.85 351.68
Recycling Bin 3 yard 5X 398.41 43.83 442.24
Recycling Bin 3 yard 6X 477.58 52.53 530.11
B. Non-Basic Rates
Additional 4th Barrel 6.41 0.71 7.12
5th Barrel and Above 10.26 1.13 11.39
Residential curb scout 88.06 9.69 97.75
Residential yard scout 106.26 11.69 117.95
Residential Go Back 38.14 4.20 42.34
Residential Go Back Dead Run 38.14 4.20 42.34
Bear Barrel *Option to pay for the bear barrel up front or finance over 36 months 65g 301.25 33.14 334.39
96g 373.56 41.09 414.65
Bear Barrel - Monthly installment for 1 barrel (service not included) 65g 7.38 0.81 8.19
96g 9.15 1.01 10.16
Bear Barrel - Monthly installment for 2 barrel (service not included) 65g 14.75 1.62 16.37
96g 18.29 2.01 20.30
Rollout Service (Single Dwelling Units)
Rollout per 3 Barrels 33.41 3.67 37.08
Rollout per additional barrel above 3 12.82 1.41 14.23
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
II. Commercial Generators
A. Multi-Family Property Basic Rates
Duplex 116.40 12.80 129.20
Triplex 173.62 19.10 192.72
Per apartment 38.92 4.28 43.20
Apartment scout 59.61 6.56 66.17
B. Multi-Family Property Non-Basic Rates
Bin apartment rental 96.32 10.60 106.92
Scout bin apartment rental 162.20 17.84 180.04
Compactor bin apartment rental 391.36 43.05 434.41
Barrel Scout Service (Per Barrel Per Frequency)
1x 26.06 2.87 28.93
2x 52.13 5.73 57.86
3x 78.19 8.60 86.79
4x 104.26 11.47 115.73
5x 130.32 14.34 144.66
6x 156.38 17.20 173.58
7x 182.45 20.07 202.52
Bear Barrel
65g 347.88 38.27 386.15
96g 431.39 47.45 478.84
C. Commercial Property Basic Rates
Commercial organics phase in discount - 2026 (80%) 2027 (60%) 2028 (40%) 2029 (20%) 2030 (0%) Bundled Rates - Standard bundle includes trash, 96g recycle, 64g organics serviced 1x per week Bin 1.5 yard 1X - Bundle 394.49 43.39 437.88
Bin 1.5 yard 2X - Bundle 543.99 59.84 603.83
Bin 1.5 yard 3X - Bundle 668.45 73.53 741.98
Bin 1.5 yard 4X - Bundle 787.00 86.57 873.57
Bin 1.5 yard 5X - Bundle 895.40 98.49 993.89
Bin 1.5 yard 6X - Bundle 1,026.18 112.88 1,139.06
Bin 3 yard 1X - Bundle 477.56 52.53 530.09
Bin 3 yard 2X - Bundle 684.93 75.34 760.27
Bin 3 yard 3X - Bundle 884.11 97.25 981.36
Bin 3 yard 4X - Bundle 1,075.08 118.26 1,193.34
Bin 3 yard 5X - Bundle 1,249.48 137.44 1,386.92
Bin 3 yard 6X - Bundle 1,448.64 159.35 1,607.99
Scout bin 1.5 yard 1X - Bundle 467.73 51.45 519.18
Scout bin 1.5 yard 2X - Bundle 690.74 75.98 766.72
Scout bin 3 yard 1X - Bundle 550.72 60.58 611.30
Scout bin 3 yard 2X - Bundle 831.35 91.45 922.80
Scout bin 3 yard 3X - Bundle 1,067.82 117.46 1,185.28
Scout bin 3 yard 4X - Bundle 1,348.45 148.33 1,496.78
Scout bin 3 yard 5X - Bundle 1,629.09 179.20 1,808.29
Scout bin 3 yard 6X - Bundle 1,849.14 203.40 2,052.54
Compactor 2 yard 1X - Bundle 715.48 78.70 794.18
Compactor 2 yard 2X - Bundle 1,163.41 127.98 1,291.39
Compactor 2 yard 3X - Bundle 1,593.69 175.31 1,769.00
Compactor 2 yard 4X - Bundle 2,020.23 222.22 2,242.45
Compactor 2 yard 5X - Bundle 2,442.98 268.73 2,711.71
Compactor 2 yard 6X - Bundle 2,861.98 314.82 3,176.80
Compactor 4 yard 1X - Bundle 1,009.37 111.03 1,120.40
Compactor 4 yard 2X - Bundle 1,881.03 206.91 2,087.94
Compactor 4 yard 3X - Bundle 2,752.67 302.79 3,055.46
Compactor 4 yard 4X - Bundle 3,624.31 398.67 4,022.98
Compactor 4 yard 5X - Bundle 4,495.94 494.55 4,990.49
Compactor 4 yard 6X - Bundle 5,367.58 590.43 5,958.01
Compactor 6 yard 1X - Bundle 1,314.76 144.62 1,459.38
Compactor 6 yard 2X - Bundle 2,220.25 244.23 2,464.48
Compactor 6 yard 3X - Bundle 3,090.01 339.90 3,429.91
Compactor 6 yard 4X - Bundle 3,952.24 434.75 4,386.99
Compactor 6 yard 5X - Bundle 4,791.32 527.05 5,318.37
4 yard split bin (MSW/RECY) 1X - Bundle 621.74 68.39 690.13 4 yard split bin (MSW/RECY) 2X - Bundle 898.24 98.81 997.05 4 yard split bin (MSW/RECY) 3X - Bundle 1,163.82 128.02 1,291.84 4 yard split bin (MSW/RECY) 4X - Bundle 1,418.44 156.03 1,574.47 4 yard split bin (MSW/RECY) 5X - Bundle 1,650.98 181.61 1,832.59 4 yard split bin (MSW/RECY) 6X - Bundle 1,916.52 210.82 2,127.34 New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
Additional Trash Services
Bin 1.5 yard 1X 265.82 29.24 295.06
Bin 1.5 yard 2X 415.32 45.69 461.01
Bin 1.5 yard 3X 539.78 59.38 599.16
Bin 1.5 yard 4X 658.33 72.42 730.75
Bin 1.5 yard 5X 766.73 84.34 851.07
Bin 1.5 yard 6X 897.51 98.73 996.24
Bin 3 yard 1X 348.89 38.38 387.27
Bin 3 yard 2X 556.26 61.19 617.45
Bin 3 yard 3X 755.44 83.10 838.54
Bin 3 yard 4X 946.41 104.10 1,050.51
Bin 3 yard 5X 1,120.81 123.29 1,244.10
Bin 3 yard 6X 1,319.97 145.20 1,465.17
Scout bin 1.5 yard 1X 339.06 37.30 376.36
Scout bin 1.5 yard 2X 562.07 61.83 623.90
Scout bin 3 yard 1X 422.05 46.42 468.47
Scout bin 3 yard 2X 702.68 77.29 779.97
Scout bin 3 yard 3X 939.15 103.31 1,042.46
Scout bin 3 yard 4X 1,219.78 134.18 1,353.96
Scout bin 3 yard 5X 1,500.42 165.05 1,665.47
Scout bin 3 yard 6X 1,720.47 189.25 1,909.72
Compactor 2 yard 1X 586.81 64.55 651.36
Compactor 2 yard 2X 1,034.74 113.82 1,148.56
Compactor 2 yard 3X 1,465.02 161.15 1,626.17
Compactor 2 yard 4X 1,891.56 208.07 2,099.63
Compactor 2 yard 5X 2,314.31 254.57 2,568.88
Compactor 2 yard 6X 2,733.31 300.66 3,033.97
Compactor 4 yard 1X 880.70 96.88 977.58
Compactor 4 yard 2X 1,752.36 192.76 1,945.12
Compactor 4 yard 3X 2,624.00 288.64 2,912.64
Compactor 4 yard 4X 3,495.64 384.52 3,880.16
Compactor 4 yard 5X 4,367.27 480.40 4,847.67
Compactor 4 yard 6X 5,238.91 576.28 5,815.19
Compactor 6 yard 1X 1,186.09 130.47 1,316.56
Compactor 6 yard 2X 2,091.58 230.07 2,321.65
Compactor 6 yard 3X 2,961.34 325.75 3,287.09
Compactor 6 yard 4X 3,823.57 420.59 4,244.16
Compactor 6 yard 5X 4,662.65 512.89 5,175.54
4 yard split bin (MSW/RECY) 1X 493.07 54.24 547.31
4 yard split bin (MSW/RECY) 2X 769.57 84.65 854.22
4 yard split bin (MSW/RECY) 3X 1035.15 113.87 1149.02
4 yard split bin (MSW/RECY) 4X 1289.77 141.87 1431.64
4 yard split bin (MSW/RECY) 5X 1522.31 167.45 1689.76
4 yard split bin (MSW/RECY) 6X 1787.85 196.66 1984.51
New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
D. Commercial Property Non-Basic Rates
3 Yd Temp 329.68 36.26 365.94
X-dumps 117.82 12.96 130.78
Bin Lock Lids 65.49 7.20 72.69
Bin Go Back Dead Run 133.21 14.65 147.86
Bin Exchange 183.77 20.21 203.98
Bin Exchange with Metal Lids 231.93 25.51 257.44
Bin Wash Out 133.21 14.65 147.86
CC 1 can 88.35 9.72 98.07
CC 2 can 140.61 15.47 156.08
CC 3 can 191.05 21.02 212.07
CC 4 can 239.21 26.31 265.52
CC 5 can 283.17 31.15 314.32
CC 6 can 327.34 36.01 363.35
Roll-off Mixed Waste (5 ton limit + actual cost over 5 tons) 1,532.40 168.56 1,700.96 Roll-off 10YD C&D (3 ton limit + actual cost over 3 tons) 1,179.22 129.71 1,308.93 Roll-off 20YD C&D (4 ton limit + actual cost over 4 tons) 1,358.75 149.46 1,508.21 Roll-off 30YD C&D (5 ton limit + actual cost over 5 tons) 1,538.28 169.21 1,707.49 Roll-off 40YD C&D (6 ton limit + actual cost over 6 tons) 1,717.81 188.96 1,906.77 Roll-off Dead Run 214.08 23.55 237.63
Roll-off Relocate Box 130.82 14.39 145.21
Roll-off Demurrage / Day 28.55 3.14 31.69
Roll-off Plastic Liners 59.50 6.55 66.05
Roll-off Same Day Service 70.00 7.70 77.70
Compactor Wash Out 440.10 48.41 488.51
Stand By 225.99 24.86 250.85
Transportation Services 261.69 28.79 290.48
Barrel Scout Service (Per Barrel Per Frequency)
1x 26.06 2.87 28.93
2x 52.13 5.73 57.86
3x 78.19 8.60 86.79
4x 104.26 11.47 115.73
5x 130.32 14.34 144.66
6x 156.38 17.20 173.58
7x 182.45 20.07 202.52
Bear Barrel
65g 347.88 38.27 386.15
96g 431.39 47.45 478.84
New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
III. Recycle Services and Rates
Upsize from standard 96-gallon recycle barrel (1.5 yard and above) will discount listed rates by recycle component of bundled rate. AddiƟonal equipment will be billed at listed rates Primary Bundle Barrel (96G)
Recycle Cart 96g 1x 24.83 2.73 27.56
Additional Recycling Containers
Recycle Cart 96g 1x 64.67 7.11 71.78
Recycle Cart 96g 2x 128.05 14.09 142.14
Recycle Cart 96g 3x 191.43 21.06 212.49
Recycle Cart 96g 4x 254.82 28.03 282.85
Recycle Cart 96g 5x 318.20 35.00 353.20
Recycle Cart 96g 6x 444.97 48.95 493.92
Recycle Bin 1.5 Yard 1x 126.58 13.92 140.50
Recycle Bin 1.5 Yard 2x 197.77 21.75 219.52
Recycle Bin 1.5 Yard 3x 257.04 28.27 285.31
Recycle Bin 1.5 Yard 4x 313.49 34.48 347.97
Recycle Bin 1.5 Yard 5x 365.11 40.16 405.27
Recycle Bin 1.5 Yard 6x 427.38 47.01 474.39
Recycle Bin 3 Yard 1x 199.36 21.93 221.29
Recycle Bin 3 Yard 2x 317.86 34.96 352.82
Recycle Bin 3 Yard 3x 431.68 47.49 479.17
Recycle Bin 3 Yard 4x 540.80 59.49 600.29
Recycle Bin 3 Yard 5x 640.47 70.45 710.92
Recycle Bin 3 Yard 6x 754.27 82.97 837.24
IV. Organics Services and Rates
Upsize from standard 64-gallon organics barrel (1 yard and above) will discount listed rates Organics component of bundled rate. Additional equipment will be billed at listed rates Primary Bundle Barrel (64g)
Organic Cart 64g 1x 103.84 11.42 115.26
Additional Organic Containers
Organic Cart 32g 1x 103.84 11.42 115.26
Organic Cart 32g 2x 216.00 23.76 239.76
Organic Cart 32g 3x 323.18 35.55 358.73
Organic Cart 32g 4x 430.35 47.34 477.69
Organic Cart 32g 5x 537.51 59.13 596.64
Organic Cart 32g 6x 644.69 70.92 715.61
Organic Cart 32g 7x 751.87 82.71 834.58
Organic Cart 64g 1x 103.84 11.42 115.26
Organic Cart 64g 2x 226.80 24.95 251.75
Organic Cart 64g 3x 339.34 37.33 376.67
Organic Cart 64g 4x 451.87 49.71 501.58
Organic Cart 64g 5x 564.39 62.08 626.47
Organic Cart 64g 6x 676.93 74.46 751.39
Organic Cart 64g 7x 789.46 86.84 876.30
Organic Bin 1 Yard 1x 174.75 19.22 193.97
Organic Bin 1 Yard 2x 337.65 37.14 374.79
Organic Bin 1 Yard 3x 500.55 55.06 555.61
Organic Bin 1 Yard 4x 663.45 72.98 736.43
Organic Bin 1 Yard 5x 826.35 90.90 917.25
Organic Bin 1 Yard 6x 989.25 108.82 1,098.07
Organic Bin 1 Yard 7x 1,152.15 126.74 1,278.89
Organic Bin 1.5 Yard 1x 213.25 23.46 236.71
Organic Bin 1.5 Yard 2x 414.66 45.61 460.27
Organic Bin 1.5 Yard 3x 614.58 67.60 682.18
Organic Bin 1.5 Yard 4x 814.50 89.60 904.10
Organic Bin 1.5 Yard 5x 1,015.91 111.75 1,127.66
Organic Bin 1.5 Yard 6x 1,215.83 133.74 1,349.57
Organic Bin 1.5 Yard 7x 1,415.75 155.73 1,571.48
Organic Bin 2 Yard 1x 251.76 27.69 279.45
Organic Bin 2 Yard 2x 490.18 53.92 544.10
Organic Bin 2 Yard 3x 728.61 80.15 808.76
Organic Bin 2 Yard 4x 965.56 106.21 1,071.77
Organic Bin 2 Yard 5x 1,203.98 132.44 1,336.42
Organic Bin 2 Yard 6x 1,442.41 158.67 1,601.08
Organic Bin 2 Yard 7x 1,679.36 184.73 1,864.09
New City Fee Total
Net Rate (@ 11.00%) Rate
EXHIBIT C
CITY OF GLENDORA
PROPOSED RATE AND FEE CALCULATION
EFFECTIVE JULY 15, 2026
V. Other Optional Services and Rates
Account Stop Service 53.76 5.91 59.67
Account Reactivation 53.76 5.91 59.67
Declined Payment (Any Reason) 53.76 5.91 59.67
Late Fee (1.5% / Month, Subject to Minimum) 8.96 0.99 9.95 3 Yd Temp with Scout - Delivery 363.50 39.99 403.49
3 Yd Temp with Scout - Dump 134.73 14.82 149.55
Bin Delivery 89.61 9.86 99.47
Bin Removal 89.61 9.86 99.47
Bin Excess Waste Charge 62.73 6.90 69.63
Bin Excess Weight Charge 62.73 6.90 69.63
Roll-off Organics Haul (round-trip) 672.33 73.96 746.29 Roll-off Organics Disposal (per ton) 241.97 26.62 268.59 Roll-off 10YD Concrete (3 ton limit + actual cost over 3 tons) 971.60 106.88 1,078.48 Roll-off 30YD Metal 672.07 73.93 746.00
Roll-off 40YD Metal 716.87 78.86 795.73
Roll-off Roll-top Rental 89.61 9.86 99.47
Roll-off Overweight (>10 tons, plus disposal) 179.21 19.71 198.92 Roll-off Impound of Illegal Box (plus disposal) 1,344.09 147.85 1,491.94 Compactor Rental 403.25 44.36 447.61
Compactor Receiver Box Rental 985.68 108.42 1,094.10
Permanent Bin Service: Bulky Item Pickup - Each Additional Item 41.15 4.53 45.68 Permanent Bin Service: Bulky Item Pickup - First Item or dead run for scheduled bulky item pick-up 24.70 2.72 27.42 Barrel: Excess Waste or Excess Weight 14.16 1.56 15.72
Barrel : Extra Pick-Up 41.15 4.53 45.68
Contamination - Green Waste / Organics / Recycling 50.00 5.50 55.50 Temporary Bin: Dead Run 218.95 24.08 243.03
Temporary Bin: Demurrage 28.55 3.14 31.69
Commercial: Enclosure Clean-Up 93.83 10.32 104.15
Commercial: Tipping Bin Rental 65.84 7.24 73.08
Pressure Wash (Per Hour Rate) 185.11 20.36 205.47
Cardboard Boxes (per box) 6.39 0.70 7.09
Cardboard Box Liners (per box liner) 0.63 0.07 0.70
ATHENS SERVICES AMENDMENT NO. 5
PUBLIC WORKS
CITY COUNCIL
JUNE 9, 2026
STEPHANIE RYAN, MANAGEMENT ANALYST
ATHENS SERVICES - AMENDMENT NO. 5
Overview
• Supports compliance with Senate Bill 1383 (SB 1383) through implementation of a three-container collection system for all commercial and multi-family properties (trash, recycling, and organics) • Transition all City facilities and City Special Events to 3-Stream • Expands Glendora Avenue Porter Services
• Introduces the Senior Citizen Discount Program
• Updates rates, billing procedures, and environmental administrative fees SB 1383 PROGRAM ELEMENTS
• Collection Program
• Contamination Monitoring
• Waste Assessments
• Compost Procurement
• Data & reporting for State
Requirements
Residential
• No changes to existing residential
three-container collection service
levels
• Continues annual rate adjustments
based on Trash CPI + 1%
Commercial and Multi-Family
• Requires three-container collection
service for commercial and multifamily properties (trash, recycle and organics)
• Continues annual rate adjustments
based on Trash CPI + 1%
• Adds phased supplemental annual
fee for commercial and multi-family
properties to support SB 1383
compliance and operational costs
RESIDENTIAL & COMMERCIAL UPDATES
• Commercial and multifamily service will now
include (1) 96-gallon recycle
and (1) 64-gallon organics
barrel as the base level of
service
• Moving from a “Pay As You
Throw” service to Bundled
Service
• Organics waivers for
commercial or multi-family
COMMERCIAL & MULTI-FAMILY 3-STREAM
COLLECTION
COMMERCIAL & MULTI-FAMILY 3-STREAM
COLLECTION
GLENDORA AVENUE PORTER
SERVICES
• Formalizes and expands porter services to
be performed on Glendora Avenue including
litter collection and sidewalk sweeping
• Container servicing and public amenity
maintenance and Downtown pressure
washing
• Extends services down to Ada Avenue
• Services provided at no cost to the City
SENIOR DISCOUNT PROGRAM
• 10% discount on residential solid waste services for seniors • Up to 250 qualifying households
• Eligibility requirements:
• 62 years or older
• Single-family residence
• Primary residence
• HUD very low-income qualification
• Program funded by Athens Services
• City staff will implement and oversee program
BILLING & ADMINISTRATIVE
UPDATES
• Updated billing and delinquency
procedures including potential
placement on property tax roll
• Environmental Administrative Fee
updates
• Annual Trash CPI Adjustment + 1%
OUTREACH & EDUCATION
• Athens has been performing on-site waste
assessments to “right-size” service level
needs
• Communication plan includes special
mailers and social media
• What Goes Where? Guide
PROPOSITION 218
• Proposition 218 notice was mailed in late May to all property owners in the City.
• Public Hearing will be held at the July 14, 2026 City Council Meeting. • The hearing and resolution will authorize maximum rate increases for a five-year period from July 15, 2026 – July 14, 2031.
• Additional rate increases would require another Proposition 218 hearing.
RECOMMENDATION:
THAT THE CITY COUNCIL:
1. Approve Amendment No. 5 to the Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., dba Athens Services for Integrated Waste Management
FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.
FOR INTEGRATED WASTE MANAGEMENT
BY AND BETWEEN
CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.
0/B/AATHENS SERVICES
EFFECTIVE SEPTEMBER 1, 2014
1 TABLE OF CONTENTS
PAGE
SECTION 1 - DEFINJTlO S ......................................................................................................... 4 SECTJON 2 - SERVJCE AREA ..................................................................................................... 9 A. Franchise Service Area ............................................................................................ 9 SECTION 3 - SERVICES PROVJDED BY ATH ENS SERVICES .............................................. 9 A. Description of Services ................................. ................ .............. ............................. 9 B. Street S\.veeping Services ......................................................................................... 9· C. lv1andatory Cus1on1er Service .................................................................................. 9 D. Vehic]es and Equip1nen1 ........... ............................................................................... 9 E. Repair of Damaged Pavement ............................................................................... 10 F. Repair of Damaged Property ................................................................... .......... .... lO G. City Facilities/Community Events ColJection ....................................................... 11 ! J. Sharps ..................................................................................................................... 11 I. Electronic Waste Collection ...................................... ............................................ 11 J. H H W Program .................... .. ................................................................................. 1 1 K. Wa]k-Out Service for Disabled .............................................................................. 12 L. Graffiti Removal ........................................................................................ .. ......... . 12 M. Bus Stop tv1 aintenanc,e ........................................................................................... 13 N. Conlposting Bin Sale ........................................ ..................... ................................ 14
0. Annual Compost Give-away .................................................................................. 15 P. Emergency Co I lecti on Services ............................................................................. 15 Q·. Transitjon Assistance ............................................................................................. 15 SECTION 4 METHODS OF COLLECTJON AND PROCESSING ......................................... 16 A. Methods of Collection Services ............................................................................. 16 J. Residential Solid Waste s ~rvices to be Performed ................................. 16
2. Multi-Family Bin, Commercial, and lndustria] Solid Waste ..................... 16
3. Containers for Solid Was1e and Green Waste ............... ............................. 16
4. Solid Waste Not P1aced in Approved Containe1·s ...................................... 17
5. ,Collection Time ........................ ................................................................. 17
6. Collection Routes ....................................................................................... 17
7. Col lection on Holidays .............................................................................. 17
8. ColJection Standards ..................................................................... ............. 17
9. RolJ-off and Lowboy Bins .............................. .............. ............................. 17 J 0. Bulky Waste ............................................................. .................................. 18 1 I. Special Waste ................ ............................................................................. l8 J 2. Christmas Trees ... ...................................................................................... 1 8 t 3. Scout and Push-Out Service .................................................... ...... ............. l 8
14. Locking Lid Fees ........................................................................................ l8
15. Abandoned Bu]ky Hem Col1ec1ion ..... ..... ............. ...... ............................... 19
16. Dedicated Routes ..... ................ ...... ............................ ................................ 19 I
C. Right to Impound ................................................................................................... J 9 D. Minimum Diversion Requirement ......................................................................... 19 E. Construction and Demolition Debris ..................................................................... 20 F. Missed Pickups ...................................................................................................... 20 G. Disposal Facility .................................................................................................... 20 SECTION 5 - FEES FOR SERVICES ..... ................................................................................... 20 A. Basic Rates ............................................................................................................. 20 B. City Billing and Collection Responsibility ............................................................ 20 C. Athens Billing and Collection Responsibility ........................................................ 20 D. Franchise Fee ......................................................................................................... 21 E. Environmental Administrative Fee ........................................................................ 21 SECTION 6 - EFFECTIVE DATE AND TERM OF AGREEMENT .. ..................................... 2 l SECTION 7 - CITY CONSENT REQUIRED FOR TRANSFER OR CHANGE OF CONTROL ......................................................................................................................... 22 A. Transfer .................................................................................................................. 22 B. Change in Control .................................................................................................. 22 C. Transfer Consent Process ....................................................................................... 22 SECTION 8 - MISCELLANEOUS PROVISIONS ................. ....... ... .. .................................... 22 A. Independent Contractor .......................................................................................... 22 B. No Joint Association .............................................................................................. 23 C. No Gratuities .......................................................................................................... 23 D. Anti-Discrimination Clause ............................................................. .............. ........ 23 E. Notices ................................................................................................................... 23 F. Entire Agreement ................................................................................................... 24 G. lnte,p retation ....................... ................................................................................... 24 H. Waiver .................................................................................................................... 24 I. Attorney's Fees ....................................................................................................... 24 J Severance Clause ............................................................................................ ....... 24 K Venue ........................................................................ ............................................. 25 L. Captions ................................................................................................................. 25 EXHIBIT A SPECIAL WASTES .............................................................................................. 27 EXHIBIT B GENERAL PROVIS JONS ....................................... ............................... . ... ...... 28 EXHIBIT C RA TE AND FEE SCHEDULE .................................................. ........... ..... ..... .48 EXHIBIT D RA TE ADJUSTMENT .......................................................................................... 52 EXHIBIT E CITY FACILITIES SERVICE .............................................................................. 55 EXHIBIT F Intentionally left blank ........................................................................................ 57 EXHIBIT G Annually Renewable Performance Bond ..... .......................................................... 58 2 BOND # ______ ..................................................................................................... 58 EXHIBIT H STREET SWEEPING ............................... ......................................................... 60 EXHIBIT I BUS STOP LOCATIONS ............................ .............. ....................................... 63 3 FRANCHISE AGREEMENT BETWEEN
THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC. FOR
INTEGRATED WASTE MANAGEMENT
This CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE
MANAGEMENT (this "Agreement") is entered into this 1st day of September, 2014 between the City of Glendora, California, a municipal corporation, ("City") and Arakelian Enterprises, Inc., a California corporation (doing business as, and referred to in this Agreement as, "Athens Services"), for the collection, transportation, recycling, composting and disposal of Solid Waste from specified properties in the City of Glendora.
RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, as further described below, due to the complex legal nature of solid waste collection and the need for an integrated waste management system which disposes of waste in a healthful and economic fashion, reduces generation and promotes reuse and recycling, limits the potential for waste to degrade water sources or contaminate the environment, City finds it necessary to award an exclusive franchise to a single franchisee, and for such privilege, and in consideration of Athens Services' obligations hereunder, City shall collect a franchise fee, and an environmental administrative fee to assist in covering the City's costs in addressing mitigation of environmental impacts, as provided herein; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling oflocal concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and
WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the Federal Clean Water Act of 1972 establishes water quality standards for all contaminants in surface waters, requires the implementation of wastewater pollution control programs, and authorizes the National Pollutant Discharge Elimination System (NPDES) permit system to control water pollution by regulating point sources that discharge pollutants into waters of the United States, which stormwater programs are administered regionally through rules, regulations and mandates promulgated by the Los Angeles Regional Water Quality Control Board; and
WHEREAS, City is obligated to protect the public health and safety of the residents and businesses in the City, and arrangements made by solid waste enterprises and recyclers for the collection of Residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and Athens Services are mindful of the provisions of the laws governing the safe collection, transpo11, recycling and disposal of Residential and commercial Solid Waste, including AB 939, AB 341, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA11 ), 42 U.S.C. §§ 9601 et. seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Chapter 526, Statutes of 2003; SB 50, Chapter 863, Statutes of 2004; AB 575 Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, alkaline batteries, carbonzinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches; and
WHEREAS, City and Athens Services desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Athens Services, an independent entity, not City, which will arrange to collect Solid Waste from single family dwellings, multiple family dwellings, City and Commercial Customers in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Materials from single family dwellings, multiple family dwellings, City, and commercial customers in the City, and collect and recycle or dispose of Construction and Demolition Materials ("C & D Materials"); and WHEREAS, Athens Services represents and warrants to City that Athens Services has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and any other State, County, or additional agencies with jurisdiction over the portion of the City's waste stream that is collected by Athens Services, and that Athens Services shall submit any such data required by the City to meet its reporting obligations in a format specified in this Agreement; and 2 WHEREAS, Athens Services represents that it employs qualified persons responsible for the day-to-day collection, safe transport, and disposal of Solid Wastes and that such persons will operate equipment and otherwise conduct all activities in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Franchisee has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City; and WHEREAS, the City Council of the City declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by all applicable laws; and
WHEREAS, on August 11, 1992, City and Athens Services entered into a CONTRACT
AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT which contract was amended by that certain FIRST AMENDMENT TO CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT entered into on October 25, 1994 and by that certain
SECOND AMENDMENT TO CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT entered into on April 14, 1998 (collectively, the "Original Contract"); and WHEREAS, on December 1, 2000, City and Athens Services entered into an
AMENDED AND RESTATED CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT (the "First Amended and Restated Contract") to amend and restate the Original Contract; and
WHEREAS, on December 1, 2006, City and Athens Services entered into a
FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.FOR INTEGRATED WASTE MANAGEMENT BY AND BETWEEN CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES EFFECTIVE DECEMBER I, 2006 (the "2006 Contract"); and WHEREAS, on December 1, 2013, City and Athens Services entered into a nine (9) month extension of the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.FOR INTEGRATED WASTE MANAGEMENT BY AND BETWEEN CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. D/B/ A ATHENS SERVICES EFFECTIVE DECEMBER 1, 2006 (the "2013 Contract Extension"); and WHEREAS, the parties entered into negotiations for a new agreement and now hereby desire to enter into the instant Agreement as more fully set forth below. 3 NOW, THEREFORE, the parties hereto, in consideration of their respective mutual promises, agree as follows:
SECTION 1 - DEFINITIONS
General. Whenever any term used in this Agreement is defined in the Municipal Code of the City of Glendora ("Municipal Code") or Division 30, Part I, Chapter 2 of the California Public Resources Code, as they may be amended, the definition in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement.
A. AB 939
"AB 939" means the California Integrated Waste Management Act of 1989, codified in part as Public Resources Code Section 40000 et. seq., (including additional requirements implemented in response to AB 341) as it may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act.
B. Annual Report
"Annual Report" shall mean the Annual Report required by SECTION B7.H of EXHIBIT B of this Agreement.
C. Basic Rates
"Basic Rates" are those rates designated as such in EXHIBIT C plus the City established Franchise Fee. Basic Rates are subject to adjustment as set forth in EXHIBIT D.
D. Bulky Waste
"Bulky Waste" means large and small household appliances including items referred to as "brown goods" or electronic waste (including but not limited to refrigerators, toaster ovens, hair dryers and other electric-corded items, televisions, computer-related items, and cellular telephones), furniture, carpets, mattresses, hot water heaters and other similar items restricted for placement at curbside by single-family and multi-family (can or bin service) dwelling units only.
Bulky Waste does not include Green Waste, garbage, manure or significant construction and demolition materials.
E. City
"City" shall mean the City of Glendora, California, a municipal corporation.
F. City Clerk
"City Clerk" means the City Clerk of the City.
G. City Council
"City Council" means the City Council of the City.
4 H. City Limits
"City Limits" means the existing boundaries of the City together with all subsequent amendments and changes thereto, which boundaries are shown by maps on file in the office of the City Clerk of the City.
I. City Manager
"City Manager" means the City Manager of the City or any person who the City Manager may from time to time designate to perform any of the functions of the City Manager under this Agreement.
J. Curbside Service
"Curbside Service" means a Residential Property Customer's placement of one or more residential solid waste container(s) adjacent to a street or public right of way for the express purpose of facilitating the collection of solid waste by Athens Services.
K. Customer
"Customer" means a person in charge of day-to-day activities at premises to which Athens Services is to provide services under this Agreement. In order for the City to carry out its obligations under applicable law, via a third party solid waste hauler and recycler, each customer is required to subscribe to the appropriate level of service provided under this Agreement. pursuant to Glendora Municipal Code Section 6.08.140.
L. Disposal Site
"Disposal Site" means a legally operated landfill or transformation facility ( e.g. waste to energy facility) which constitutes the ultimate destination site for Solid Waste and Green Waste.
M. Dwelling Unit
"Dwelling Unit" means a house, an apartment, a mobilehome. a group of rooms or a single room that is occupied or intended for occupancy as separate living quarters in which the occupants live and eat separately from any other people in the building and which have direct access from the outside of the building or through a common hall. A room or series of rooms that are part of a Dwelling Unit sharing a common address and not separately metered will not be deemed to be a separate dwelling unit.
N. Franchise Fee
"Franchise Fee" shall mean a fee in consideration of the City's grant of this Exclusive Franchise, and to partially offset City's expenses in administering its Solid Waste and recycling program, as well as the wear and tear on the city's streets and rights of way caused by the operations of Athens Services in performing this Agreement, but does not include any fee 5 within the meaning of Public Resources Code § 41901 or within the scope of Government Code § 66016, as currently and as hereafter amended.
0. Graffiti
"Graffiti'. means and includes any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.
P. Green Waste
''Green Waste" shall mean leaves, grass clippings, brush, branches, limbs and other forms of organic materials generated from landscapes or gardens, and incidental pieces of scrap lumber no longer than twenty-four inches (24") long, separated from other Solid Waste. "Green Waste" includes Christmas trees but does not include stumps or branches exceeding three inches (3 11) in diameter or three feet (3 ') in length, or palm fronds, yucca leaves or cactus, which are not suitable for composting.
Q. Green Waste Bundle
"Green Waste Bundle" shall mean tree, shrub and brush trimmings which are securely tied together forming an easily-handled package not more than three feet (3') long or thirty-five pounds in weight, tied with a compostable material.
R. Hazardous Waste
"Hazardous Waste" means any hazardous or toxic substance, material or waste which is regulated by any local governmental authority, the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25 I 22. 7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 253 I 6 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501 (i) and (k) and 25501. I of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Chapter I I of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a 0 toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 13 I 7; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" 6 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq. or (xiv) defined as such or regulated by any "Superfund" or "Superlien" law, or any other Federal, State or local law, statute, ordinance, code, rule, regulation., order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the tenn "Hazardous Waste" shall be construed to have the broader, more encompassing definition.
S. Materials Recovery Facility (MRF)
"Materials Recovery Facility" or "MRF" shall mean a facility permitted by the California Integrated Waste Management Board which accepts solid waste for the purpose of recycling. The residual is consolidated and transported to a Disposal Site.
T. MRF Gate Fee
"MRF Gate Fee" means the total dollar amount of the tipping fee, MRF processing fee and any other duly authorized charges, assessments and taxes levied against Athens Services for the disposal of Solid Waste, as defined in EXHIBIT D of this Agreement.
U. Non-Residential Property
"Non-Residential Property" means any property other than residentially developed property.
V. Recyclable Material
"Recyclable Material" shall mean a commodity with value, which may be sold or given away. In either instance: (I) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the seller/donor may not pay the buyer/donee (other than Athens Services) any consideration for collecting, processing or transporting such Recyclable Materials, or as a consulting fee for recycling services. A discount or reduction in price for collection. disposal and/or recycling services for any form of unsegregated or segregated Residential Solid Waste is not a sale or donation of Recyclable Materials and does not qualify for this exception. All Recyclable Material that is discarded into the waste stream loses its character as a Recyclable Material and becomes Solid Waste subject to this Agreement. 7 W. Recyclable Solid Waste
11Recyclable Solid Waste" means that part of the Solid Waste stream which can become Recyclable Material and which has been source-separated from other fonns of Solid Waste.
Recyclable Solid Waste can include paper, metal, plastic, glass and construction and demolition materials such as concrete, dry wall and asphalt, organic materials including Green Waste, wood and other Recyclable Solid Wastes as appropriate.
X. Refuse
11Refuse 11 means any trunk or limb of a tree, asphalt, concrete, construction material and waste, demolition material, and dirt. Refuse does not include tree limbs and branches in a Green Waste Bundle or bags and boxes.
Y. Residential Property
"Residential Property" means a detached house, each unit of a multi-family dwelling and shall also include mobile home parks within the City, but not nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions.
Z. Solid Waste
"Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including garbage, manure, Refuse, and rubbish. Solid Waste includes Bulky Waste, Green Waste Bundles and Recyclable Solid Wastes. Solid Waste does not include any Special Waste.
AA. Special Waste
"Special Waste" means all the items and materials which are set forth in EXHIBIT A, which is attached, and, by this reference, is incorporated into this Agreement.
BB. Transfer Fee
"Transfer Fee" means the payment of an amount by Athens Services to the City to reimburse the City for its investigative, administrative, consulting, legal counsel, advertisement and other related time and expenses incurred in the processing of an application for approval of the transfer of the Franchise and Contract.
8 CC. Transfer Station
"Transfer Station" means a facility permitted by CalRecycle (fonnerly California Integrated Waste Management Board), which accepts solid waste for the purpose of consolidated and transportation efficiency to an ultimate disposal site.
SECTION 2 - SERVICE AREA
A. Franchise Service Area
Athens Services shall provide the services required under this Agreement to all properties within the City Limits. This Agreement shall be exclusive to Athens Services.
SECTION 3- SERVICES PROVIDED BY ATHENS SERVICES
A. Description of Services
Athens Services shall make arrangements for the collection, MRF processing, recycling and disposal of the non-recyclable residuals of all Solid Wastes, including Recyclable Solid Wastes and Green Wastes, for all property described in SECTION 2, except for property within the jurisdiction of other public entities (ie, Glendora Unified School District, Charter Oak Unified School District, etc.) according to the terms set forth in this Agreement, including, but not limited to EXHIBIT B (which is attached, and which, by this reference is incorporated into this Agreement), the applicable requirements of Chapter 6.08 of the Municipal Code and all other applicable federal, state or local laws and regulations currently in effect on the date of this Agreement, and reasonable industry standards for similar Solid Waste services in similar cities in Southern California.
B. Street Sweeping Services
Street sweeping services shall be provided at no charge to the City for all residential streets, alleys, designated public parking lots and all commercial streets. The street sweeping schedule is set forth in Exhibit Hand made a part hereof. The schedule may be amended from time to time with the prior written consent of the City and Athens Services. All street sweeping shall conform to all applicable city, county, state, and federal regulations currently in effect on the date of this Agreement.
C. Mandatory Customer Service
Athens Services shall provide, and all premises within the Franchise Service Area shall subscribe to and accept the services provided pursuant to this Agreement. City shall enforce the Glendora Municipal Code as it relates to Solid Waste regular collection and removal services in accord with § 6.08.260, Prohibited Public Nuisance.
D. Vehicles and Eguipment
Athens Services shall furnish, at its own expense, an adequate number of vehicles and equipment required to perform the services required under this Agreement. The vehicles 9 used in the collection of solid waste shall be of a covered type which compresses the load hydraulically, mechanically or by some equivalent means and no vehicle shall be more than twelve (12) years old. All vehicles used by Athens Services under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall meet all applicable safety standards, shall be kept clean and in good repair, shall be uniformly painted, and shall visibly display Athens Services name, telephone number and vehicle number in letter and figures no less than five inches (5") high and no more than eight inches (8") high. Solid Waste and Green Waste collection vehicles shall be washed at least once every seven (7) calendar days and shall be odor free.
All equipment used by Athens Services under this Agreement shall be subject to inspection by all applicable jurisdictional agencies, including but not limited to the Los Angeles County Health Officer or the officer's deputies and California Highway Patrol, shall comply with all regulations imposed by any applicable Los Angeles County ordinance, shall be subject to inspection by City on a semi-annual basis, and shall comply with all applicable local, state and Federal laws and regulations currently in effect on the date of this Agreement. All front loader trucks used by Athens Services under this Agreement shall be powered by compressed natural gas (CNG), liquid natural gas (LNG), or any other clean fuel meeting or exceeding the standards for clean fuels established by the South Coast Air Quality Management District; provided, however, that Athens Services will place the order for such front loader trucks within ten (10) days after execution of this Agreement and Athens Services will not be required to comply with this sentence until such trucks are delivered by the manufacturer and placed in service, or until nine (9) months after execution of this Agreement, whichever occurs first.
E. Repair of Damaged Pavement
Any identifiable damage to the paved surfaces of public rights-of-way or private streets that directly results from the weight or operation of vehicles which provide Solid Wastes collection services pursuant to this Agreement shall be repaired or replaced by Athens Services, at Athens Services' sole expense, within thirty (30) days after receiving a notice to repair the public right-of-way from the City or a complaint about damage to a private street from any person who owns or is in lawful possession of real property that has access to the private street, provided that Athens Services determines that the damage was the direct result of the weight or operation of any of its vehicles. In the event that Athens Services does not undertake repairs, the exclusive remedy of City or of the complainant shall be a civil action.
F. Repair of Damaged Property
Any physical damage caused by the negligent or willful acts or omissions of officers, employees, servants or agents of Athens Services to private or City property or City rights-of-way shall be repaired or replaced by Athens Services, at Athens Services' sole expense, within thirty (30) days after receiving a notice to repair City property or City rights-of-way from the City or a complaint about damage to private property from any person who owns or is in lawful possession of such property.
IO
G. City Facilities/Community Events Collection
City Facilities - Athens Services shall collect and dispose of all Solid Waste, Green Waste, and compostables generated at premises owned and/or operated by the City. Athens Services shall make collections from cans Monday through Friday or on Saturdays following non-working holidays earlier in that week at the frequency set out in EXHIBIT E. Commercial (bin) and industrial "roll-off' collections shall be scheduled as designated by the City. The facilities to be provided service initially, together with the type and frequency of service, are listed in EXHIBIT E, which may be modified or expanded by the City.
City-Sponsored Events - City may request free bins, litter boxes and liners, and pick up and disposal or diversion services, for up to twenty (20) community events per year sponsored at least in part by the City as designated by the City Manager.
The services required by this Section G shall be provided by Athens Services or its subcontractors at no additional charge to the City.
H. Sharps
Beginning September I, 20 I 4, Athens Services shall provide containers for the safe collection and disposal of Sharps and Infectious Waste to single and multi-family (can or bin service) residents as needed. "Sharps" include, but are not limited to, hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications or medical testing. Athens Services will deliver containers to residents' door within one week of a Customer's request, either by mail or drop-off. Company shall provide as many containers as requested and as may be reasonably personally used by residents at no additional charge to City, program participants or ratepayers. Sharps containers shall be pre-paid mail back containers. Athens Services may, but shall not be required to, additionally offer for door-to-door collection of such containers through the HHW program.
Company will develop and distribute public education materials to promote this program, including promoting this program through its website and other outreach activities targeting seniors. "Infectious Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, but not limited to, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste that includes animal waste.
I. Electronic Waste Collection
Electronic Waste, or "e-waste" and select universal wastes shall be collected through the bulky item collection program, as described in Section 4.A. IO of this Agreement, at no additional cost to City or rate payers. E-waste to be collected includes, but is not limited to:
televisions; computers and monitors; small appliances (toasters, hairdryers, etc.); and mobile telephones and similar devices. Universal wastes to be included are household batteries and florescent bulbs (tubes and compact florescent bulbs "CFLs").
J. HHW Program
I 1
Beginning September I, 2014, at no extra charge to the customers, Athens Services will provide Household Hazardous Waste, or HHW, collection to single and multifamily residents at Residential Properties located in City. Athens Services will provide HHW collection up to three times per year. Athens Services shall advise residents of a point of collection away from the street, curb or gutter, such as a porch.
Materials collected will include. at a minimum, the following:
• Garden Chemicals (such as fertilizer, insect sprays, weed killers, and other poisons);
• Swimming Pool Chemicals (such as pool acid and liquid and tablet chlorine);
• Automotive Waste (such as motor oil, antifreeze, waxes, polishes, cleaners, brake fluid, gasoline, used oil filters, oily rags, transmission fluid, windshield washer fluid, hydraulic fluid, and automotive batteries);
• Paint Products (such as oil-based. latex and spray paints, stripper, stains, caulking, wood preservatives, glue; and thinner);
• Household Cleaners (such as bleach, cleaning compounds, floor stripper, drain cleaner, tile remover, tile cleaners, and rust remover); and, • Miscellaneous Household Waste (such as household batteries, fluorescent tubes, thermometers, hobby glue, artist's paint, and non-controlled pharmaceuticals).
Athens Services may provide educational material directing residents to dispose of electronic waste through the bulky item program and Sharps through the Sharps program.
Athens Services shall be required to send a public outreach piece to all Residential Dwelling units at the beginning of the program with a program description, the start date, materials to be collected, and instructions on how to call in for a pickup.
K. Walk-Out Service for Disabled
At no additional charge, Athens Services shall provide disabled residents with walk-out service. Athens Services will remove refuse, recyclable and green waste containers and green waste bundles from resident's storage area, place them out for collection, and return containers to resident's storage area after collection, ensuring that all doors or gates are closed securely. In order to qualify as disabled under this section, residents must have been issued a handicap placard from the Department of Motor Vehicles, provided a letter from a medical doctor indicating the disability, or otherwise obtained approval to receive such service from the City. Additionally, walk-out service need not be provided if an able-bodied person resides with the disabled resident.
L. Graffiti Removal
12 At no additional charge, Athens Services shall provide Graffiti Removal Services for the removal of graffiti in the City of Glendora specified as follows:
Graffiti Removal Services shall be provided six (6) days per week, Monday through Saturday, excepting New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, upon twenty four (24) hours of notification by the City, in order to meet the City's goal to have at least ninety percent (90%) of graffiti removed within 24 hours of being reported and one hundred percent (I 00%) of graffiti removed within 48 hours of being reported or identified.
In certain public safety "Hot Spots", Athens Services shall use commercially reasonable efforts to remove graffiti within twelve (12) hours of notification by the City's Police Chief or his designee. Hot Spots is an area where graffiti has been placed by gangs, and/or graffiti involving hate crimes and/or inflammatory graffiti.
City shall manage a 24 hour graffiti removal hotline service. This service is currently operational and will continue through the duration of this Agreement. Athens Services shall be given 24 hour access to the hotline to secure the list of locations received through that system.
Athens Services shall have the ability to access the hotline, and will monitor it for reported locations on a daily basis. The City manages a dedicated e-mail address whereby citizens may report graffiti incidents. These requests will be forwarded to an e-mail address specified by Athens Services. Athens Services shall monitor the e-mail messages on a daily basis.
Graffiti Removal Services must be provided on all surfaces within commercial, residential, industrial and public prope1ties including street signs, bus benches, and park facilities. Athens Services shall provide the graffiti removal from all surfaces, including porous and non-porous surfaces. Upon the City's approval, Athens Services may utilize sacrificial coatings to facilitate removals on unpainted surfaces. For painted surfaces, Athens Services shall provide color matching.
Athens Services shall maintain the resources, personnel, and equipment necessary to manage the level of service required by the City. Athens Services shall submit a work plan within thirty (30) days of the effective date of this Agreement for review and approval by the City Director of Public Works and Police Chief.
M. Bus Stop Maintenance
Beginning September 1, 2014, Athens Services will provide maintenance of the City's bus stops in accordance with the following specifications. Exhibit I lists the existing and proposed shelters, benches, trash receptacles, sidewalks and gutters locations to be maintained within the City of Glendora by Athens Services.
All maintenance service time periods shall be subject to the approval of the City and arranged to cause the least inconvenience to transit users.
Athens Services shall furnish all labor, materials, water, equipment and services required to perform the bus stop maintenance as set forth in this specification:
13 1. Athens Services shall be responsible for trash removal and the replacement of trash bags in all trash receptacles at each location three times per week: Monday, Wednesday and Friday. Debris, trash, and associated undesirable items, etc. shall be removed from the site area and disposed of legally and properly to the Citf s satisfaction at Athens Services' expense. The site area includes all areas within twenty-five (25) feet of the outer edges of all the bus stop furniture and only that property which is part of the public right-of-way.
2. Every Monday (unless such is a Federal holiday, then on Wednesday), Athens Services shall clean all interior and exterior visible metal and concrete surfaces, taking care not to damage any of the finishes. Athens Services shall also clean all glass & Plexiglas surfaces for any and all bus shelters. Athens Services shall use a dry cleaning method (i.e., no pressure washing) as well as a mop, broom, or rag to clean the entire bus stop/shelter (including but not limited to bus furniture, shelter structure, trash receptacles and signs) and area within a 5-foot radius from all sides of bus furniture, shelter structure, trash receptacles and signs, including sidewalks, curbs and gutters, including but not limited to removal of all debris such as_bottles, cans, papers, glass, dirt, etc., to a condition that is broom-clean. Adjacent areas shall be protected by Athens from over-spray, dust, and similar effects of the cleaning operations.
3. The first week of the months of March, June, September, and December, Athens Services shall use high-pressure water spray on metal and concrete surfaces. All debris that is accumulated due to this operation shall be cleaned up and disposed of at the time such operation takes place. Clean all other surfaces on which graffiti is to be removed with a cleaner and/or method approved by the City. In accordance with best management, practices (BMP) the following guidelines must be used when pressure washing:
a. Prior to any washing, block all storm drains with an impervious barrier such as sandbags or berms, or seal the storm drain with plugs or other appropriate materials (and clean accumulated debris and remove blocking materials when finished); b. Create a containment area with berms and traps or take advantage of a low spot to keep wash water contained; and
c. Use vacuums or other machines to remove and collect loose debris or litter before applying water.
d. Use applicable commercial and regulatory best practices and procedures.
4. Athens will use a Hydro Tee SCU Pro Tow Wash to perfonn the service on the bus stops described in this Section 3.M. Related specifications are set forth on Exhibit J hereto.
5. Emergency call out - Athens Services must respond within 4 hours of receiving emergency requests for services.
N. Composting Bin Sale
14 Athens Services shall provide composting bins and worm bins for sale to the customers served pursuant to this Agreement. The City shall determine the type of bin to be sold and the reduced price to be charged to the residents. Athens shall deliver the bins within seven (7) business days. Composting literature, to be provided by the City to Athens, must be delivered by Athens along with each bin. The balance of costs shall be paid out of the Environmental Administrative Fee in Exhibit C.
0. Annual Compost Give-away
Athens Services shall provide compost give-away to Customers on a semi-annual basis on dates, times and locations to be agreed upon by the City and Athens Services.
P. Emergency Collection Services
At rates to be agreed to by Athens Services and City, Athens Services will assist City at City Manager's request with emergency collection, processing and disposal service (in the event of major disaster, such as an earthquake, storm, riot or civil disturbance), or as otherwise determined necessary by City Manager, by providing collection equipment and drivers normally assigned to City.
Q. Transition Assistance
Prior to and at the end of the term, or in the event this Agreement is terminated for cause prior to the end of the term, Athens Services shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of solid waste handling services.
Athens Services' cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this agreement. Cooperation is required in a timely manner to assist with the City's preparation of a request for proposals or a new agreement, as well as at the time of transition. 15 SECTION 4 - METHODS OF COLLECTION AND PROCESSING
A. Methods of Collection Services
1. Residential Solid Waste - Services to be Performed
Once each week, Athens Services shall separately collect from Residential (single and multi-family) Properties Solid Waste and Green Waste, which have been placed at curbside in barrels, containers or, in the case of Green Waste, Green Waste Bundles, prior to normal collection time on collection days.
Customers that regularly set out more than the equivalent of ten (10) 33-gallon barrels shall be charged double the RC 1 rate set forth in EXHIBIT C.
2. Multi-Family Bin, Commercial, and Industrial Solid Waste As frequently as requested by the Customer, but not less often than once per week, Athens Services shall collect from each premises not serviced under Section 4.A. l above (including, but not limited to commercial, industrial and governmental customers, and multifamily customers with that receive refuse collection using bins) where Solid Waste is generated or accumulated, all Solid Waste, which has been placed in bins provided by Athens Services at a location on the premises designated by the Customer prior to Athens Services' normal collection time on each collection day. Athens Services shall post all its bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and is prohibited.
Athens Services shall maintain its bins used in the City free of "tagging" or graffiti; graffiti shall be removed within two business days of notice from City or Customer provided to Athens, or observation by Athens Services' driver. See Exhibit B, Section Bl 5.3.E for liquidated damages. Athens Services shall maintain all containers in working order, and shall repair or replace any non-functioning container within two business days of notification of damage or disrepair.
Athens Services shall clean all of its bins used to serve the City's customers on an as needed basis., with one cleaning or container exchange provided for each bin at no additional charge once per calendar year. For additional cleanings, or exchanges for the purpose of obtaining a clean bin, Athens Services may charge customers in accordance with the approved rate schedule (Exhibit C)
3. Containers for Solid Waste and Green Waste
Residential Customers, and not Athens Services, shall provide their own barrels, wheeled carts, bags or other containers suitable for the temporary accumulation and collection of Solid Waste and Green Waste. Athens Services shall provide City with labels, approved by Athens Services, for use by Residential Customers to identify the Customer's barrels used for Green Waste. Athens Services shall provide wildlife tamper proof barrels or cans at customers cost to customers upon their request.
16 Athens Services shall provide bins to those Customers requiring the use of bins.
Non-Residential Customers not requiring the use of bins shall provide their own barrels, wheeled carts, suitable for the temporary accumulation and collection of Solid Waste and Green Waste.
4. Solid Waste Not Placed in Approved Containers
Athens Services may refuse to collect Solid Waste and Green Waste. other than Bulky Waste, which has not been placed in approved containers, barrels, bins, bags or Green Waste Bundles. If Athens Services refuses to collect Solid Waste, including Green Waste, pursuant to this Section, Athens Services shall make a record of such refusal and place a tag on the materials not collected which states the reason for the Athens Services' refusal to make the collection and provide a copy of the record to the City on a monthly basis.
5. Collection Time
Athens Services shall not perform collection services between the hours of 6:00 p.m. and 6:00 a.m., Monday through Saturday. No collection services are to be performed on Sunday. Collection service hours are subject to change by mutual written consent of the City Manager and Athens Services.
6. Collection Routes
Athens Services shall perform all collection services over routes established by Athens Services. Athens Services acknowledges City's interest in easing traffic congestion and for that reason agrees to submit proposed route changes to City, and to consider City's comments prior to making route changes. City and Athens Services will work together to adjust route starting points or other route issues to accommodate customer requests.
7. Collection on Holidays
If the day of collection on any given route falls on a designated legal holiday or on any other legal holiday observed by the lawful Disposal Site, MRF and transfer station to which Solid Waste or Green Waste collected under this Agreement are taken, Athens Services shall provide collection service for such route on the next work day following such holiday and shall not provide collection service on such holiday. Designated legal holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
8. Collection Standards
All collections shall be made as quietly as reasonably possible under the circumstances and no unnecessary noise or commotion shall be made in the course of collection.
Athens Services shall place barrels, cartons and other Solid Waste containers, including Green Waste, at curbside after the contents have been collected.
9. Roll-off and Lowboy Bins
On the first collection day that occurs after the day on which a Customer's request is received by Athens Services, Athens Services shall deliver requested roll-off bins (including 17 30 yard and 40 yard bins) and lowboy bins (10 yard) to the Customer's residential or NonResidential Property. Each bin shall be marked to identify Athens Services and shall have a reflector not less than four (4) inches in diameter permanently affixed to each of the four corners of the two narrowest sides of the bin. Athens Services shall post all its roll-off and lowboy bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and is prohibited. In the event the bin needs to be deposited on City property (ie. City street), Athens Services shall notify the City and the customer shall obtain from City the applicable Temporary Encroachment Permit or a Temporary Placement on Street Permit for the bin.
10. Bulky Waste
Athens Services shall collect Bulky Waste generated at a Customer's premises and left at Customer1s point of collection on the Customer's regular collection day at no extra charge to the Customer. There shall be a limit of four (4) cubic yards of Bulky Waste that a Customer may have collected on any regular collection day but there shall be no limit on the number of regular collection days that Bulky Waste can be set out for collection. At the request of the City, Athens Services shall pick up bulky waste left in the City right of way or City property.
11. Special Waste
Athens Services shall not knowingly collect, transport or dispose of Special Waste (for list refer to EXHIBIT A).
12. Christmas Trees
Athens Services shall collect Christmas trees set out for collection. Christmas trees set out for collection must be free of decorations and flocking and must have stands removed. Christmas tree collections shall begin on the first collection day after December 25th and shall continue for two weeks thereafter. Athens Services shall provide Christmas tree collections from City facilities and both single and multi-family Customers, whether refuse bin or can customers, at no additional charge to the City or Customer. Athens Services shall divert all trees collected from landfilling, with an exception for trees with decorations or flocking.
Athens Services shall publicize this service via its website and through billing messages.
13. Scout and Push-Out Service
If it is operationally required to use a smaller "scout" vehicle to transport a bin from its storage location to the point of collection, or if the customer requests that such a scout vehicle be used, then Athens Services may charge customer a scout fee in accordance with the approved rate schedule. Customers may not be charged for ''push-out" services, if the bin is manually positioned for collection.
14. Locking Lid Fees
If a Customer requests that Athens Services provide a lock for its bin(s), Athens Services may charge Customers a monthly locking lid fee based on the number of pickups in 18 each month in accordance with the approved rate schedule (see Exhibit C). No one-time fees for the lock or set up may be assessed.
15. Abandoned Bulky Item Collection
Athens Services will collect, process and dispose of, at no additional charge, within one business day of notification from City or customer, or company observation, all Bulky Items left in the City"s right-of-way, such as sidewalks, alleys, streets, and parkways.
16. Dedicated Routes
Solid waste collected in the City may not be commingled in collection vehicles with solid waste from other jurisdictions, unless the City approves in writing of the specific commingled routes and the tonnage allocation method to be used.
B. Materials Recovery Facility {MRF) Processing
All Solid Waste collected by Athens Services pursuant to this Agreement shall be processed through an Athens Services' Materials Recovery Facility (the site currently used is located at 14048 Valley Boulevard, City of Industry, California) in order to maximize the diversion of Solid Waste from landfilling or disposal at a transformation facility sufficient to satisfy the City's AB939 requirements and all other applicable regulations currently in effect on the date of this Agreement. Athens Services shall assist Customers in complying with the Construction and Demolition Waste Management requirements of Glendora Municipal Code Chapter 6.09, including but not limited to providing Customers with invoices and/or other documentation evidencing the amount of construction and demolition waste diverted pursuant to Glendora Municipal Code Section 6.09. 100.
C. Right to Impound
In the event an unauthorized provider of solid waste services sets out bins anywhere in the City, in violation of the exclusivity provision set forth in Section 2.A of this Agreement, the City shall delegate to Athens Services the authority to remove and impound such bins pursuant to the Municipal Code.
D. Minimum Diversion Requirement
Athens Services shall divert from landfills an amount necessary for the City to achieve the legally mandated minimum by the State of California; provided, however, that notwithstanding any other provision of this Agreement, Athens Services shall not be required to achieve a diversion rate in excess of 75% without an appropriate increase in rates to be agreed upon by Athens Services and City. Recycling of materials not collected by Athens Services is counted towards meeting this requirement. For the purposes of this section, diversion includes recycling, transformation and other forms of converting solid waste into energy to the extent that such diversion is accepted by the State toward meeting the City's diversion goal under AB 939.
However, if CalRecycle ceases to accept solid waste used as alternative daily cover at landfills as diversion, there will be no adjustment to compensation or the minimum Diversion rate due to this limitation.
19 E. Construction and Demolition Debris
Athens Services guarantees that each individual construction or demolition project that falls under Title 6, Chapter 6.09 of the Municipal Code meets the 50% City requirement per the Code. Athens Services will consult with construction and demolition debris Customers to assist in project diversion planning.
F. Missed Pickups
Athens Services shall make up any missed pickup the same day if notified prior to noon, and the next business day if notified after noon.
G. Disposal Facility
Subject to the provisions of Section B6, the disposal facilities approved for use under this agreement is the Mid Valley Landfill, Victorville Landfill and San Timoteo Landfill in the San Bernardino County Landfill System.
SECTION 5 - FEES FOR SERVICES
The rates for services to be performed pursuant to this Agreement are set forth in EXHIBIT C, which is attached and, by this reference, incorporated into this Agreement. The rates set forth in EXHIBIT C shall be adjusted as set forth in EXHIBIT D, which, too, is attached and, by this reference, incorporated into this Agreement.
Except as expressly authorized in this Agreement, Athens Services shall not make any charges to Customers served under this Agreement. The Basic Rates set forth in EXHIBIT C, as they may be adjusted from time to time, include the cost of any collection of Bulky Waste by Athens Services. The non-Basic Rates set forth in EXHIBIT C, as they may be adjusted from time to time, are for services not included within the Basic Rates.
A. Basic Rates
The Basic Rates for services to be performed pursuant to this Agreement are set forth in EXHIBIT C, which is attached and, by this reference, incorporated into this Agreement.
The Basic Rates set forth in EXHIBIT C shall be adjusted as set forth in EXHIBIT D, which, too, is attached and, by this reference, incorporated into this Agreement.
B. City Billing and Collection Responsibility
Other than as set forth in this Agreement or in the Municipal Code, the City shall have no responsibility for billing or collection of any of the Rates for any of the services performed by Athens Services pursuant to this Agreement.
C. Athens Billing and Collection Responsibility
Athens Services shall bill and collect all Rates for all services performed by Athens Services pursuant to the terms of this Agreement in the City limits for which the 20 Customer is required to pay for service pursuant to Chapter 6.08 (Solid Waste) of the Glendora Municipal Code pursuant to the rate schedule listed in Exhibit C. Athens Services shall remit to City the Franchise Fee and Environmental Administrative Fee billed and collected pursuant to the rate schedule listed in Exhibit C.
Applicable commercial accounts may be billed monthly on the first day of each month for that month's service, and residential accounts may be billed quarterly in advance.
Payment terms for accounts billed monthly by Athens Services are net thirty (30) days. Payment terms for accounts billed quarterly by Athens Services are net ninety (90) days. Customer payments not received upon completion of service are considered delinquent. Late fees at 1- 1 /2% per month will be assessed on all delinquent balances. If said delinquent payments are not received within thirty (30) days, Athens Services may stop services and refer the respective premise to the City for public nuisance enforcement pursuant to § 6.08.260. A notice/warning of a pending stop service will be prepared by Athens Services and delivered to the delinquent account owner and premise no less than seventy-two (72) hours prior to the service stoppage. If no payment by delinquent Customer is made to Athens Services within fifteen ( 15) days after referral to the City for code enforcement purposes, the account may be cancelled by Athens Services, the Customer's security deposit, if any, may be credited against the past due balance, and any remaining balance due Athens Services will be considered a bad debt and may be submitted by Athens Services to a collection agency.
Athens Services shall have the sole responsibility to collect at its expense from all Customers billed pursuant to this Agreement.
D. Franchise Fee
The City Council shall establish a Franchise Fee by Resolution to be effective at the commencement of the term of this Agreement and to run concurrently with any rate adjustment, pursuant to EXHIBIT C. The established Franchise Fee shall be paid by Athens Services to City within 30 days of collection of the Rates from the customers by Athens Services.
E. Environmental Administrative Fee
Athens Services shall pay to the City an Environmental Administrative Fee as set forth in EXHIBIT C. The Environmental Administrative Fee is associated with the cost of managing and responding to comprehensive waste stream collection and disposal including, without limitation, MS4 permits, third-party contract oversight, community awareness programs and Glendora Municipal Code enforcement.
SECTION 6 - EFFECTIVE DATE AND TERM OF AGREEMENT
The term of this Agreement shall be for a period often (10) years, commencing September I, 2014 and ending at midnight on August 31, 2024; provided, however, (i) both City and Athens Services may contract to extend the term of this Agreement at any time and (ii) no later than eight (8) years from the date hereof, City and Athens Services will meet to discuss extending the term of this Agreement, understanding that the parties have no obligation to enter into another agreement when the term of this Agreement terminates. 21 SECTION 7 - CITY CONSENT REQUIRED FOR TRANSFER OR CHANGE OF
CONTROL
A. Transfer
The Franchise granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "Transferred"), nor shall any of the rights, duties or privileges herein be transferred, either in whole or in pa11, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Athens Services or by operation oflaw, without in each case the prior written consent of the City expressed in writing by resolution of the City Council.
The decision of the City Council shall be final. In the event of any unauthorized Transfer, City reserves the right to immediately terminate this Agreement.
B. Change in Control
Any change in control of Athens Services shall require the prior written consent of the City Council. "Change in control" shall mean any sale, transfer or acquisition of Athens Services. Any acquisition of more than fifty percent (50%) of Athens Services' holding stock by a person or group of persons acting in concert who already own less than fifty percent (50%) of the voting stock shall be deemed a change in control; provided, however, no change of ownership shall be deemed to have occurred if the person who, or each person in the group of persons acting in concert that, acquires the stock is a lineal descendant or a whole blood sibling of Ron Arakelian, Jr. or Michael Arakelian.
For purposes of this subsection, "lineal descendant" shall mean a child, grandchild or great-grandchild, whether by birth or by adoption. Any change in control of Athens Services occurring without City Council consent shall constitute a material breach of this Agreement.
C. Transfer Consent Process
Any request for a transfer of the obligations and rights under this Agreement or for a change in control of Athens Services shall be made in a manner prescribed by the City Council.
The written request shall include the Transfer fee, in an amount as set by the City Council, to cover all anticipated direct and indirect administrative costs including, but not limited to, City staff time, consultants and attorneys necessary to adequately analyze the application and transfer consent request. The Transfer fee shall not exceed fifteen thousand dollars ($ I 5,000) which amount may be increased annually by the City on July I st by the percentage by which the Consumer Price Index-All Urban Consumers-Los Angeles Metropolitan Area has increased during the period May through April over its level as of April 30th of the preceding year.
SECTION 8 - MISCELLANEOUS PROVISIONS
A. Independent Contractor
It is expressly understood and agreed that at all times in the performance of this Agreement, Athens Services shall be deemed to be an independent contractor, and all persons 22 employed by Athens Services in connection with this Agreement shall be employees of Athens Services, and not employees of City in any respect. All work hereunder shall be done and perfonned to the satisfaction of the City Manager of City who shall from time to time have the right, as circumstances require, to issue reasonable orders, directions and instructions to Athens Services, having for their purpose the attainment of the results herein sought to be accomplished; provided however, that the means whereby such results are to accomplished shall at all-time be under the control of Athens Services. It is further understood and agreed that neither Athens Services, nor any employee of Athens Services shall be deemed to be an agent or employee of City. Athens Services, its agents, servants and employees shall not hold themselves out to be the agents or employees of City in any manner whatsoever. Athens Services shall not use the firm name containing any words implying municipal ownership.
B. No Joint Association
Nothing contained in this Agreement shall be deemed, construed or represented by the City or Athens Services to any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Athens Services.
C. No Gratuities
Athens Services shall not, nor shall it permit any of its officers, employees, servants or agents to, request, solicit, demand or accept, either directly or indirectly, any additional compensation or gratuity for the collection of Solid Wastes, otherwise required to be collected under this Agreement beyond that provided for by this Agreement.
D. Anti-Discrimination Clause
In the performance of this Agreement, Athens Services shall not engage in discrimination in employment of persons because of the age, race, color, sex, marital status, national origin or ancestry, religion or physical handicap of such persons or for any other illegal reason.
E. Notices
Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows:
TO: City of Glendora
1 I 6 E. Foothill Boulevard
Glendora, CA 91741-3380
Attn: City Manager
TO: Athens Services
c/o Arakelian Enterprises, Inc.
P.O. Box 60009
23 Industry, CA 9 I 7 I 6-0009
Attn: Chief Operating Officer
Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered and received upon receipt by personal service or upon the second (2nd) day after deposit in the United States mail.
Any notice or other writing required to be given by, or to, the City pursuant to this Agreement shall be given by, or to, the City Manager, except as otherwise expressly provided in the Agreement.
F. Entire Agreement
This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto.
G. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared.
H. Waiver
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
I. Attorney's Fees
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
J Severance Clause
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 24 K Venue
This Agreement is made, entered into, and executed in Los Angeles County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court that serves Los Angeles County.
L. Captions
The captions and headings of the various SECTIONs, subsections, paragraphs and subparagraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective SECTIONs and subsections hereof. 25 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed.
APPROVED AND ADOPTED this f.'3-/Lday of --;t7 ct , 2014. --~-u Y OF GLENDORA
26 Flammable waste
EXHIBIT A
SPECIAL WAS TES
Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) Waste transported in a bulk tanker
Liquid waste
Sewage sludge
Waste from a pollution control process
Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other Special Wastes
Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation or disposal of any other Special Wastes
Waste water
Explosive substances
Radioactive materials
Materials which have been exposed to highly infectious or contagious disease, except for the Sharps Waste identified in Section 3.H
Hazardous Substances or Hazardous Waste, except for Household Hazardous Waste identified in Section 3.1 and 3.J
Medical Waste, except for Sharps Waste and Infections Waste identified in Section 3(H) 27 EXHIBITB
GENERAL PROVISIONS
SECTION B 1 - SECURITY BOND
Concurrently with execution of this Agreement, Athens Services shall deliver to City a performance bond or cash bond in the sum of the amount of One Hundred Thousand Dollars ($100,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Council. The bond shall contain the original notarized signature of an authorized officer of the surety. The bond will be written on an annual basis, renewable by continuation certificate at the surety's sole option. Non-renewal of the bond by the surety, nor inability of Athens Services to replace the bond, will not in and of itself constitute a loss under the bond. Such bond shall be in the form of attached EXHIBIT G, naming the City as obligee. The condition of the bond shall be such that if Athens Services shall well and truly perform in accordance with the terms and conditions of this Contact, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Alternatively, Athens Services may provide an irrevocable letter of credit in the same amount, drawn upon a financial institution, in a form acceptable to the City attorney. The letter of credit shall be the sole responsibility of Athens Services, and shall be released within thirty (30) days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Athens Services' satisfactory performance of all obligations hereunder.
A combination of these instruments, totaling $100,000, is acceptable.
SECTION 82 - INSURANCE
Athens Services shall procure and maintain during the entire term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Athens Services' performance hereunder or the actions or inactions of any of Athens Services' officers, agents, representatives, employees, or subcontractors in connection with Athens Services' performance.
The insurance requirements hereunder in no way limit Athens Services' various defense and indemnification obligations, or any other obligations as set forth herein.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01 ).
2. The most recent editions oflnsurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto."
28 B.
C.
3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
Minimum Limits of Insurance.
Athens Services shall maintain in force for the term of this Agreement limits no less than:
1. Comprehensive General Liability: Ten Million Dollars ($10,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, personal injury and property damage.
2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
4. Pollution Legal Liability: Ten Million Dollars($ I 0,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects City, its officials, employees and agents; or Athens Services shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain the following provisions:
I. General Liability and Automobile Liability Coverages (a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Athens Services; products and completed operations of Athens Services; Premises owned, leased or used by Athens Services; or vehicles owned, leased, hired or borrowed by Athens Services. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers.
(b) Athens Services' insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, 29 E.
employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Athens Services' insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers.
(d) Coverage shall state that Athens Services' insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Athens Services for City.
Acceptability of Insurers
The insurance policies required by this Section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A- or better.
F. Verification of Coverage
Athens Services shall furnish City with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
30 G. Companies and Subcontractors
Athens Services shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates for each company and subcontractor. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein.
H. Delivery of Proof of Coverage
Simultaneously with the execution of this Agreement, Athens Services shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such ce11ificates shall show the type and amount of coverage, effective dates and dates of expiration of policies. If City requests, copies of each policy shall also be promptly delivered to City.
Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the term.
I. Other Insurance Requirements
1. In the event any services are delegated to another company or subcontractor, Athens Services shall require such company or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the company's or subcontractor's employees engaged in the work in accordance with this SECTION B2. The liability insurance required by this SECTION B2 shall cover all Athens Services companies or subcontractors or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this SECTION B2.
2. Athens Services shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Athens Services from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third person against Athens Services or any Athens Services company or subcontractor on account of any occurrence related to this Agreement, Athens Services shall promptly report the facts in writing to the insurance carrier and to City.
3. If Athens Services fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Athens Services' expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Athens Services.
SECTION B3 -PUBLIC ACCESS TO ATHENS SERVICES
Athens Services shall maintain and publish a local telephone number and toll free number. Athens Services' regular office hours, at a minimum, shall be from 7:00 a.m. to 5:00 p.m. daily on all collection days that fall on a weekday, Monday through Friday. A designated representative of Athens Services shall be available via both telephone numbers and in person during regular office hours for communication with Customers. During all hours other than 31 regular office hours, Athens Services shall provide the means by which Customers can call the local telephone number and leave a message. Within 90 days after the effective date of this Agreement, Athens Services shall implement an automatic and web based public access system for Customers.
SECTION 84 - CUSTOMER COMPLAINTS
A. Service Complaints
All Customer complaints shall be directed to Athens Services. Athens Services shall record all complaints received by mail, internet, telephone or in person. Athens Services shall use its best efforts to resolve each complaint by close of business on the second collection day following the date on which such complaint is received.
Athens Services record of each complaint shall list the date the complaint was received, the means by which the complaint was communicated, the complainant's name, service address and mailing address, the nature of the complaint, and when and what action was taken by Athens Services to resolve the complaint. All such records shall be maintained for a period of twenty-four (24) months and shall be available for inspection by the City in accordance with SECTION B8.A below.
B. Notice to Customers of Complaint Procedures
Athens Services shall give notice of the provisions of this Section to current Customers annually during the first billing period immediately following July 1st and to new Customers at the time they apply for service. Each of Athens Services bills to Customers shall include Athens Services contact information, including contact information for complaints.
C. Complaint Resolution Procedures
A Customer dissatisfied with Athens Services' resolution of a complaint may ask the City to review the complaint. To obtain this review, the Customer must file a written request with the City Manager within 30 days after receipt of Athens Services' written response to the complaint or 45 days after submitting the complaint to Athens Services, whichever date occurs first.
The City Manager shall determine if the complaint is justified, and if so, may order that Athens Services pay to the complainant an amount of money that does not exceed one hundred percent ( I 00%) of the rate for the service complained of for the time period covered by the complaint or order Athens Services to provide the service at issue to the Customer.
SECTION 85 - PROTECTION OF CUSTOMER PRIVACY
Athens Services shall not market or distribute mailing lists with the names and addresses of Customers.
Information identifying individual Customer or the composition or contents of a Customer's Solid Waste may only be used by Athens Services in behalf of City in the preparation, participation or assistance in the preparation of any waste characterization study or 32 waste stream analysis which may be required or necessitated by AB 939, state or Federal laws or regulations, or this Agreement.
SECTION 86 - OWNERSHIP OF SOLID WASTES AND GREEN WASTE
Once Solid Wastes, are placed for collection at curbside, ownership and the right to possession shall transfer directly from the Customer to Athens Services, by operation of law, and not as the result of the Municipal Code or this Agreement. Athens Services shall have the right to retain, compost, dispose of or use Solid Wastes, which it collects in any lawful manner and for any lawful purpose desired by Athens Services and to retain any benefit or profit resulting therefrom.
Notwithstanding the preceding paragraph, or any other provision of this Agreement, Athens Services shall utilize the most cost-effective landfill Disposal Site, Green Waste facility or market for Recyclable Solid Waste. In the determination of "cost-effectiveness", transportation costs will be included in the calculation and analysis.
The City, notwithstanding the previous ownership paragraph, shall have the right to review and approve of all destinations for solid waste as provided for in this Agreement including the most cost effective landfill Disposal Site including transportation costs, Green Waste or compost site or recyclables market. Solid Wastes and Green Waste which are disposed of at a disposal site shall become the property of the owner or operator of the disposal site once deposited there by Athens Services.
SECTION 87 - RECORDS, REPORTS AND INFORMATION REQUIREMENTS A. General
Athens Services shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Athens Services agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations currently in effect on the date of this Agreement and to meet the related reporting and Solid Waste program management needs of City. To this extent, such requirements set out in this and other sections of this Agreement shall not be considered limiting or necessarily complete. In particular, this section is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Athens Services in accordance with this and other sections of the Agreement shall be adjusted in number, format, or frequency.
B. Records General
Athens Services shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained 33 data/records shall be protected and backed up. All records shall be maintained for five (5) years after the expiration of this Agreement.
Athens Services agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official representatives during normal business hours. City may review or utilize any of the records described in this section for any purpose whatsoever. Such records include, but are not limited to financial, solid waste, CERCLA and disposal records.
C. Financial Records
Athens Services shall maintain financial records relating to its operations pursuant to this Agreement separate and segregated from such records relating to its other operations.
Athens Services shall maintain at least the following records:
1. Audited financial statements for the Athens Services as a whole; and
2. Statements of revenue and expense, reviewed by auditors, for this Agreement segregated from the other operations of Athens Services (including without limitation those operations of Athens Services in City and surrounding jurisdictions which are not covered by this Agreement), including a description of segregation methodology.
D. Solid Waste Records
Athens Services shall maintain the following records relating to its operations pursuant to this Agreement:
I. Customer services and billing records;
2. Records of tons collected, processed, diverted and disposed by waste stream (Refuse, Recycling, Green Waste), and the facility used for such tonnages (transfer station, MRF, transformation facility or landfill); and
3. Quantity of Recyclable Materials recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939, and all other applicable state and Federal laws and regulations.
E. CERCLA Defense Records
City views the ability to defend against the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Solid Waste collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern.
Athens Services shall maintain data retention and preservation systems which can establish where Solid Waste collected in the City was landfilled (and therefore establish where it was not landfilled) for not less than fifty (50) years following the termination of this Agreement, and 34 agrees to notify City Manager before destroying such records thereafter. At any time, including after the expiration of the term hereof, Athens Services shall provide copies of such records to City. The requirements of this Section shall survive the expiration of the term of this Agreement.
F. Disposal Records
Athens Services shall maintain records of disposal of all Solid Waste collected in City for the period of this Agreement and all extensions to this Agreement or successor Agreements. In the event Athens Services discontinues providing Solid Waste handling services to City. Athens Services shall provide all records of disposal or processing of all Solid Waste collected in City within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted.
G. Monthly Reports
The information listed below shall be the minimum reported on a monthly basis. The reports shall be delivered to the City by the 151h day of each month for the prior month:
H.
1. Solid Waste collected by Athens Services for the prior month, sorted by type of Solid Waste (Refuse, Recycling Solid Waste, Green Waste) in tons collected and disposed, and the facilities where the tons were processed or disposed.
2. Warning notices issued for contaminated Green Waste containers or notices issued for non-collection during the prior month as well as notices pursuant to Section 4A.4 of the Agreement.
3. Gross receipts received during the prior month by Customer category and calculation of franchise fees due.
4. Summary of customer complaints regarding the services described in Section 3 of the Agreement received by Athens Services during the prior month.
5. Graffiti removal performed, including, if requested by the City, photographs of the graffiti, its location, and other information reasonably required by the City of Glendora Police Department.
Annual Reports
The Annual Reports to be delivered to the City by February 151h of each year for the prior year is to be essentially in the form and content of the monthly reports, but shall also include:
1. Report of HHW pickups performed during the prior year, including tonnage information, number of pickups, and materials collected as applicable.
2. Quantity of sharps containers delivered during the prior year.
3. Summary of compost and worm bin sales and receipts during the prior year. 35 I.
4. Number of e-waste pick- ups during the prior year.
5. Solid Waste Data. A listing of the tonnage from all collection services by Athens Services for the preceding year as mandated by the State of California. All tonnage data should be compared to the corresponding tonnage data from the prior year.
6. Recycling Data. The number of gross tons of Recyclable Material and Recyclable Solid Waste collected during the prior year by material type including recyclable materials collected as part of Bulky Waste as mandated by the State of California.
Indicate by material type (and grade where appropriate), annual total of Recyclable Material and Recyclable Solid Waste processed. Indicate annual total and location for Residue disposed. All tonnage data should be compared to the corresponding tonnage data from the prior year period.
7. Green Waste Data. The number of gross tons of Green Waste collected for the preceding year. All tonnage data should be compared to the corresponding tonnage data from the prior year period.
8. Operational Problems and Actions Taken. Indicate instances of property damage or injury caused by Athens Services and poaching or scavenging that becomes known by Athens Services. Include description of Green Waste or Recyclable Material and Recyclable Solid Waste loads rejected, the reason for rejection and the disposition of the load after rejection.
9. Annual Reports. The annual report to the City shall include the data from all monthly reports during the prior year summarized by month and averaged for the year. All annual reports shall include a historical comparison of the preceding year and the average of all years during the Agreement term.
Financial Report
The City may, at City's option, review Athens Services' financial reports/statements relating to the City of Glendora for the most recently completed fiscal year in connection with an extraordinary rate adjustment request, billing audit, Franchise Fee audit, or verification of other information required under this Agreement. Prior to permitting the City to review such financial information, Athens Services may require City to execute a reasonable confidentiality agreement. Any review of such financial reports/statements shall take place only during regular business hours and only at Athens Services' regular place of business with forty-eight ( 48) hours' notice. City shall not be permitted to remove copies of such financial reports/statements from Athens Services' regular place of business.
Financial statements shall include a supplemental combining schedule prepared on a compiled basis showing Athens Services· results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and audited, in 36 accordance with Generally Accepted Auditing Standards (GAAS) by a ce11ified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and supplemental combining schedule shall be borne by Athens Services as a direct cost of service.
J. Adverse Information
Athens Services shall provide City copies of all material reports, pleadings, applications, notifications, Notices of Violation, communications or other documents relating to Athens Services' performance of services pursuant to this Agreement, submitted by Athens Services to, or received by Athens Services from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court.
Copies shall be submitted to City within 30 days of receipt by Athens Services, or sooner if reasonably apparent that to do so is materially relevant, and any responses by Athens Services shall be submitted to City simultaneously with Athens Services' filing or submission of such matters with said agencies. Athens Services' routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request.
Any information contained in a writing which Athens Services seeks to be excluded from provisions of the California Public Records Act, Government Code Section 6250 et seq., shall be clearly identified as such by Athens Services with the basis for such exclusion clearly specified thereon. In the event City receives a request under the Public Records Act or by subpoena, City shall be under no obligation to withhold the requested or subpoenaed information; however, City shall notify Athens Services to permit Athens Services to object, at its sole cost, to the release of the information requested or subpoenaed.
K. Additional Reports, Documents and Information
Athens Services shall deliver to City reports, documents and information that are not otherwise required under this or any other section of the Agreement, in such forms and at such times, as the City Manager may in writing reasonably request or require; provided, however, if such reports, documents or information are not prepared by Athens Services in the ordinary course of business or to satisfy the City's reporting requirements pursuant to AB 939 as in effect on the date of this Agreement, the City shall reimburse Athens Services for the reasonable cost of preparing such reports, documents or information.
L. Costs
Except as provided in subsection 87.K above or elsewhere in this Agreement, all reports, documents and information required under this SECTION 87 shall be furnished to City at the sole expense of Athens Services.
37 SECTION B8 - INSPECTION AND REVIEW OF RECORDS AND BOOKS A. Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Athens Services or its Affiliates that City deems necessary to evaluate annual reports and Athens Services' performance provided for in this Agreement and all source documentation to support tonnage financial and service data on reports or otherwise provided to City. Athens Services shall make all records and documents to be reviewed and inspected by the City as a part of any audit or other record review conducted by the City, available for the City's inspection during regular business hours at Athens Services' regular place of business within twenty-four (24) hours' notice.
B. Review of Books
At the written request of the City Manager, for purposes of verifying that the fees and/or revenues authorized under this Agreement have been accurately calculated/assessed, any Annual Report submitted by Athens Services pursuant to SECTION B7.H above, or at the written request of Athens Services, any Solid Waste payment calculations submitted by City pursuant to SECTION 5.C of the Agreement during the twelve (12) months prior to the request, shall be reviewed, at the expense of the party making the request, by an independent certified public accounting firm mutually agreed upon by the City Manager and Athens Services. If the City Manager and Athens Services fail to mutually agree upon the selection of a certified public accounting firm within forty-five (45) days after the written request is given, the requesting party shall notify the other party in writing of the names of three (3) certified public accounting firm from which said other party shall select one and shall notify the requesting party of its selection not later than fifteen (15) days after receipt of the three names. All records pertaining to the Annual Report or Solid Waste payment calculations shall be made available to the certified public accounting firm at the regular place of business of the party that generated the records, but in no event outside the County of Los Angeles. Should the review reveal an underpayment of two percent (2%) or more of any fee or revenue required by this Agreement, the requesting party shall be reimbursed by the other party for all out of pocket expenses incurred by the requesting party in the performance of the review within twenty (20) days after receipt of a written invoice from the requesting party.
c. Underpayment
Should any review pursuant to SECTION B8.B, above, reveal any underpayment of any fee or revenue required by this Agreement, the amount of such underpayment shall be paid to the underpaid party not later than ten ( l 0) days after written notice thereof is delivered to the other party from the underpaid party together with interest at the rate of ten percent ( l 0%) per annum on the underpayment, with the interest accruing from the date the fee or revenue was first due and owing pursuant to this Agreement.
38 D. Overpayment
Should any review pursuant to SECTION 88.B, above, reveal any overpayment of any fee or revenue required by this Agreement, the amount of such overpayment shall be reimbursed to the party that made the overpayment not later than ten ( 10) days after written notice thereof is delivered to the other party from the party that made the overpayment. The amount of the overpayment shall be reimbursed without interest.
E. Failure to Report
The refusal or failure of Athens Services to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Athens Services in such report shall be deemed an event of default as described in SECTION B 14 and shall subject Athens Services to all remedies which are available to the City under the Agreement or otherwise.
SECTION 89 - AB 939
A. SRRE Implementation
Athens Services shall implement and monitor AB 939 requirements related to the services it performs under this Agreement throughout the term of the Agreement, in accordance with the integrated waste management programs identified in the City's SRRE.
SECTION 810 - SERVICE REVIEW
To provide for technological advances and regulatory changes in the collection and disposal of Solid Wastes and the recycling of Recyclable Solid Wastes, Athens Services shall deliver a report to City, within sixty (60) days after receiving a written request from the City Manager, which requests shall be made at least twelve (12) months apart, that includes the following information:
(I) A summary of Solid Waste and recycling services, reported in Solid Waste collection and recycling industry trade journals monitored by Athens Services, that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations that Athens Services is not regularly providing under this Agreement together with any specific plans for provision of such new services by Athens Services, or a justification indicating why Athens Services believes that such services cannot be feasibly provided in either or both service areas.
(2) All laws and regulations that pertain to the Solid Waste and recycling services provided under this Agreement that have been enacted since the last service review requested by the City Manager, an assessment as to whether said services and their method of performance under this Agreement are in compliance with said laws and regulations and, as necessary, recommendations for bringing about such compliance.
39 Not later than sixty (60) days after receiving the report from Athens Services, and at such other times as the City deems appropriate, the City Manager shall notify Athens Services in writing of any Solid Waste and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Athens Services to provide such services within a reasonable time, at reasonable rates and for reasonable compensation negotiated in good faith by the parties. The rate for any such service shall have a service fee component and, if the service involves the disposal of Solid Waste, a tipping fee component. The tipping fee component shall be based upon the most cost-effective Disposal Site, which shall be determined by the MRF Gate Fee, as that term is defined in this Agreement and hauling costs.
SECTION Bl 1 - INDEMNIFICATION
A. Indemnification of City
Athens Services hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting directly from (1) in whole or in part by any negligent act, willful misconduct or omission of Athens Services, its officers, employees, and companies in performing services under this Agreement; and (2) the failure of Athens Services, its officers, employees, and companies to comply (after notice and an opportunity to cure) in all material respects with the provisions of this Agreement and applicable laws currently in effect on the date of this Agreement (including, without limitation, environmental laws). Athens Services further agrees to and shall, upon demand of City, at Athens Services' sole cost and expense, defend (with attorneys reasonably acceptable to City) Indemnified Parties against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all reasonable costs and expenses City incurs in providing any such defense before the time Athens Services elects to provide such defense. City shall not be entitled to any reimbursement after Athens Services assumes such defense.
B. Indemnification of Athens Services
City shall indemnify and defend, with counsel reasonably acceptable to Athens Services, Athens Services and its officers, employees, servants and agents from and against any and all costs, expenses, losses, liabilities, judgments, fines, penalties, claims, causes of action and administrative proceedings for bodily injury or death to any person whomsoever and damage to any property whatsoever arising out of, or resulting in any way from, the gross negligence or willful acts of City or any of its officers, employees, servants or agents. 40 C. Hazardous Substances Indemnification
1. Athens Services specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel reasonably acceptable to City) reimburse, indemnity, and hold Indemnified Parties hannless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise directly out of any grossly negligent or willful act of Athens Services that results in the improper disposal of any Hazardous Contaminant (as defined herein).
2. Athens Services' obligations pursuant to this Section shall apply, without limitation, to:
a. any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;
b. any Claims based on or arising out of the ownership, use, lease, sale, design, construction, maintenance or operation by Athens Services of any facility; and
c. any Claims based on or arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Athens Services.
3. For purposes of this Section, the term "Hazardous Contaminant11 shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501 (I); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material.
D. AB 939 Indemnification and Guarantee
41 Athens Services agrees to and shall defend and hold the City harmless from any fines levied by any applicable agency, including but not limited to the California Department of Resources. Recycling and Recovery (CalRecycle), for the City's failure to meet the landfill diversion requirements of AB939. Athens Services agrees this indemnification guarantee is for the entire waste stream for which the City is held accountable by CalRecycle, and not just the portion of the waste stream that is in fact processed by Athens Services. In the event Cal Recycle provides an administrative process to challenge the imposition of a compliance order or a fine, Athens Services shall be responsible for engaging consultants and/or lawyers to represent the City. Athens Services shall also be responsible for the retention of and payment to any consultants engaged to perform waste diversion studies. Any funds expended by Athens Services for consultants, lawyers, reports, fines, pursuant to this diversion guarantee shall not be passed on to City or customers.
SECTION B 12 - CITY'S RIGHTS TO PERFORM DURING EMERGENCY Should Athens Services, for any reason whatsoever, including a reason set forth in SECTION 813 below, fail to perform any of the services it is obligated to perform under this Agreement for a period of more than five (5) days and Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right during said period of emergency to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Athens Services is obligated to collect and transport pursuant to this Agreement, but which Athens Services is unable to collect and transport. City shall provide twenty-four (24) hours prior written notice to Athens Services during the period of such emergency, before contracting with another solid waste enterprise or other provider of the other services required in this Agreement, to collect and transport any or all Solid Waste which Athens Services would otherwise collect and transport pursuant to this Agreement, and the other services provided in this Agreement, for the duration of the inability of Athens Services to provide such services. In such event Athens Services shall identify sources from which such substitute solid waste services and other services provided in this Agreement are immediately available, and shall reimburse City for all of its expenses for such substitute services.
The City Manager may assess from the cash security required by SECTION Bl above all direct and indirect costs incurred by the City in the collection, transportation and disposal of Solid Wastes, including Recyclable Solid Wastes pursuant to this SECTION Bl 2. During the period of the emergency, Athens Services shall not be entitled to its regular compensation under this Agreement.
SECTION BI 3 - FORCE MAJEURE
Athens Services shall be excused from performing its obligations pursuant to this Agreement in the event it is prevented from performance by reason of flood, earthquake, other "act of god", fire, civil insurrection, riot, war or enemy action or invasion, malicious mischief or sabotage, act of any governmental entity or court, or other similar event which is beyond the control of, and not the fault of, Athens Services. Labor unrest, including but not limited to, strike, work stoppage or slow down, sick out, picketing or other concerted job action conducted 42 by Athens Services' employees or directed at Athens Services, for more than five (5) days is not an excuse from performance, and Athens Services shall be obligated to continue to provide service notwithstanding the occurrence of such labor unrest. In the event of labor unrest directed at a third party over whom Athens Services has no control, the inability of Athens Services to make collections due to the unwillingness or failure of the third party to provide reasonable assurances of the safety of Athens Services' employees while making collections or to make reasonable accommodations with respect to receptacle placement and point of delivery, time of collection or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary to make collections shall, to that limited extent, excuse performance, provided that said excuse is conditioned on Athens Services' cooperation in making collections at different times and in different locations.
Athens Services shall give the City notice of the facts constituting any cause listed in this SECTION B 13 and of its claim to excuse under this SECTION B 13 within 48 hours after Athens Services has notice of such cause. In the event that Athens Services validly exercises its rights under this SECTION B 13 the City hereby waives any claim against Athens Services for any damages sustained thereby.
SECTION B14 - DEFAULT AND REMEDIES
A. Breach Subject to Cure
lfthe City Manager determines that Athens Services is in breach of any material provision of this Agreement, he shall so notify Athens Services in writing, and the notice shall include a reasonable time within which Athens Services may cure the breach. A reasonable time shall be at least fourteen (14) days from receipt by Athens Services of such written notice. The City Manager shall review Athens Services' actions in response to such notice and shall notify Athens Services in writing of his determination as to whether the breach has been cured within the specified time.
Either determination of the City Manager may be appealed by Athens Services to the City Council. The appeal shall identify the grounds for the appeal and shall be filed with the City Clerk within five (5) days after receipt by Athens Services of the written determination from the City Manager. The appeal shall be heard by the City Council within thirty (30) days after it is filed. The City Clerk shall give Athens Services, and any other person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager regarding the appeal and shall give Athens Services, or its representatives, and any other interested persons, a reasonable opportunity to be heard. At the conclusion of the hearing, the City Council, in its sole and complete discretion, shall act to affirm, modify or reverse the determination of the City Manager. Athens Services' performance under the Agreement shall not be excused during the period of time prior to the action of the City Council.
B. Events of Default
Each of the following shall constitute an event of default ("event of default") hereunder:
43 C.
( l) Athens Services has practiced, or has attempted to practice, any fraud or deceit upon City, as found by a court of competent jurisdiction. (2) Athens Services becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Athens Services in a bankruptcy proceeding.
(3) Athens Services willfully violates any order or ruling of any regulatory agency having jurisdiction over Athens Services relative to the Agreement, provided that if Athens Services contests any such order or ruling by appropriate proceedings conducted in good faith, no breach of the Agreement shall be deemed to have occurred until a finding by the regulatory agency of a willful violation becomes final.
(4) Athens Services, for any reason whatsoever, except a reason set forth in SECTION B 13 above, fails to provide collection service as required under this Agreement to any portion of either service area for a period of more than three (3) days.
(5) Athens Services fails to cure the breach of any material provision of this Agreement within the time set in a written notice given pursuant to subsection A above or, if Athens Services cannot reasonably cure the breach within the time set forth in such notice, Athens Services fails to commence to cure such breach within the time set forth in such notice and thereafter diligently prosecute the cure to completion.
Right to Terminate or Impose Liquidated Damages Upon Default Upon an event of default by Athens Services, after any required notice and any required cure period, the City Council shall have the right to terminate this Agreement and/or assess liquidated damages as provided in SECTION B15 below, without the need for any hearing, suit or legal action. The City shall provide Athens Services with written notice of the termination and/or assessment.
SECTION B15-LIOUIDATED DAMAGES
The parties acknowledge that consistent, reliable Solid Waste handling service is of utmost importance to City and that City has considered and relied on Athens Services' representations as to its quality of service commitment in entering this Agreement with it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Athens Services fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under SECTION B 14, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for 44 such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.
Athens Services City QA
Initial Here ~.-c.-- Initial Here~
Athens Services agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below:
1. 2.
Collection Reliability
a) For each failure to commence service to a new Customer account within seven (7) days after order: $50.00
b) For each failure to collect Solid Waste from any established Customer account on the scheduled collection day and not collected within the period described in Section 4.F of this Agreement: $50.00
c) For each failure to collect Solid Waste, which has been properly set out for collection, from the same Customer on two (2) consecutive scheduled pickup days(whether or not pickup is later remedied per Section 4.F):
$150.00
Collection Quality
a) For each occurrence of failure to properly return empty containers to avoid pedestrian or vehicular traffic impediments or to place cans upright with lids secured: $25.00
b) For each occurrence of collecting Solid Waste during unauthorized hours:
c) For each occurrence of damage to private property:
$150.00
$150.00
d) For each failure to clean up Solid Waste spilled from Solid Waste containers within 90 minutes:
$150.00
45 3. Customer Responsiveness
4. a) For each failure to initially respond to a Customer complaint within one (I) business day, and for each additional day in which the complaint is not addressed:
$250.00
b) For each failure to process Customer complaints to City as required by SECTION 84: $150.00
c) For each failure to catTY out responsibilities for establishing service to an individual resident: $150.00
d) For each failure to notify City within 24 hours from the time Athens Services has remedied a complaint forwarded by City:
$10.00
e) For each failure to remove graffiti from containers, or to replace with containers bearing no graffiti, within two business days of request from City or Customers:
$25.00 per day
f) For each failure to process a claim for damages within thirty (30) days from the date submitted to Athens Services:
$50.00
g) For each failure to remove graffiti within twenty-four (24) hours of notice from the City received by Athens Services on Monday through Saturday or within forty-eight ( 48) hours of notice from the City received by Athens Services on Sunday: $50.00
Timeliness of Submissions to City
Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be:
a)
b)
Monthly Reports:
Annual Reports:
$100 per day
$350 per day
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints.
Prior to assessing liquidated damages, City shall give Athens Services notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance.
Athens Services may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Athens Services may, within ten (10) days after receiving the notice, request a meeting with City. Athens Services may present 46 evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Athens Services with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final.
City may assess liquidated damages for each calendar day or event, as appropriate, that Athens Services is determined to be liable in accordance with this Agreement.
Athens Services shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Athens Services in default and terminate this Agreement pursuant to SECTION B14, or both.
SECTION BI6-CITY'S ADDITIONAL REMEDIES
In addition to the remedies set forth in SECTION B 14 above, City shall have the following rights:
(a) To license, or contract with, others to perform the services otherwise to be performed by Athens Services under this Agreement, or to perform such services itself.
(b) To obtain damages at law and/or injunctive relief in equity. Both parties recognize and agree that in the event of a breach of any material provision of this Agreement by Athens Services, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of the Agreement and to enjoin the breach thereof.
SECTION B 17 - NO BUSINESS LICENSE REQUIRED
Notwithstanding any other provision of this Agreement or any provision of the Glendora Municipal Code to the contrary, Athens Services shall not be required to possess any business license issued by the City, nor shall it be required to pay any license tax collected by the City, in order to perform the services required by this Agreement.
SECTION B 18 - PROPOSITION 218 AND PROPOSITION 26 NOT APPLICABLE The Parties agree that the rates to be charged by Athens Services to Customers are set by Athens Services as a private contractor in the market place. The City's role with respect to rate setting is to establish rate ceilings for the protection of Customers given the exclusive status afforded Athens Services by this Agreement and given the nature of the services it is to provide.
Accordingly, the Parties agree that this Agreement shall be construed to maintain the status of the rates Athens Services chooses to charge its Customers as privately-established rates and not as property-related fees within the scope of Article Xlll D of the California Constitution or taxes within the scope of Articles XIII A and XIII C and XIII C Section 1 subd. e of the California Constitution.
47 EXHIBITC
RA TE AND FEE SCHEDULE
EFFECTIVE SEPTEMBER 1, 2014
I. Residential Properties
A. Basic Rates Net Rate City Fees Total Rate
Single dwelling unit 24.90 2.65 27.55
Duplex 48.92 5.20 54.12
Triplex 73.00 7.76 80.76
Per apartment 16.36 1.73 18.09
Apartment scout 25.06 2.66 27.72
Residential curb scout 46.16 4.91 51.07
Residential yard scout 55.70 5.91 61.61
Bin 1.5 yard IX 112.60 11.96 124.56
48 Bin 3 yard IX 147.46 15.66 163.12
Bin 3 yard 2X 234.68 24.92 259.60
Bin 3 yard 6X 518.05 55.01 573.06
Scout bin 1.5 yard IX 143.36 15.23 158.59
Scout bin I 5 yard 2.X 230.88 24.52 255.40
Scout bin 3 yard IX 178.27 18.94 197.24
Seoul bin 3 yard 2X 296.22 31.46 327.68
Scout bin 3 yard 3X 371.91 39.50 411.41
B. Non-Basic Rates
Bin apartment rental 40.48 4.30 44.78
Scout bin apartment rental 68.18 7.24 75.42
Curb manure 19.92 2.11 22.03
II. Non-Residential properties
A. Basic Rates
Bin 1.5 yard IX 111.73 11.86 123.59
Bin 1.5 yard 2X 174.56 18.54 193.10
Bin I.Syard3X 226.90 24.10 251.00
Bin 1.5 yard 4X 276.72 29.39 306.11
Bin 1.5 yard 5X 322.30 34.23 356.53
Bin 1.5 yard 6X 377.27 40.07 417.34
Sin 3 yard IX 146.65 15.57 162.22
Bin 3 yard 2X 233.82 24.83 258.65
Bin 3 yard 3X 317.55 33.73 351.28
Bin 3 yard 4X 397.82 42.25 440.07
Bin 3 yard 5X 471.13 50.04 521.17
Bin 3 yard 6X 554.84 58.92 613.76
Scout bin 1.5 yard IX 142.51 15.14 157.65
49 Scout bin 3 yard IX 177.39 18.84 196.23
Scout bin 3 yard 2X 295.36 31.37 326.73
Scout bin 394.76 41.92 436.68
B. Non-Basic Rates
Roll off 644.13 68.40 712.53
CC 1 can 37.14 3.95 41.09
CC 2 can 59.12 6.28 65.40
CC 3 can 80.31 8.53 88.84
CC4 can 100.55 10.68 111.23
CC 5 can 119.03 12.64 131.67
CC 6 can 137.59 14.61 152.20
3 Yd Temp 138.57 14.71 153.28
X-dumps 49.54 5.26 54.80
Plastic Liners 25.00 2.66 27.66
Bin Lock Lids 27.50 2.92 30.42
Storage Box Delivery 100.00 10.62 110.62
Stand By 95.00 10.09 105.09
Bin Wash Out 56.00 5.95 61.95
Bin Go Back 56.00 5.95 61.95
Relocate Roll-off 55.00 5.84 60.84
Roll-off Dead Run 90.00 9.56 99.56
Demurrage / Day 12.00 1.27 13.27
Compactor Wash Out 185.00 19.65 204.65
Storage Box 100.00 10.62 110.62
Residential Go Back 20.00 2.12 22.12
Residential Go Back Dead Run 20.00 2.12 22.12
Bin Exchange 64.00 6.80 70.80
50 Bin Exchange with Metal Lids 75.00
Transportation Services 110.00
m. Other Rate Provisions
7.97 11.68
82.97 121.68
A. Commencing September I, 20 I 4, and continuing through August 31, 2024, the ratepayers for the Residential Properties Basic Rate for single dwelling units shall receive an annual $10.75 credit from Athens Services, credited to the customers in quarterly installments and reflected in the customer's quarterly invoice.
B. Commencing September 1, 2014, and continuing until August 31, 2019, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $28,755.00.
C. Commencing September 1, 2019, and continuing until August 31, 2024, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $47,655.00.
D. Commencing July 1, 2015, and continuing through August 31, 2024, subject to City Council approval, the Franchise Fee, which is passed through to Customers, shall be established at eleven percent (11%) of the net rates charged by Athens Services.
E. The hourly rate for driver and collection vehicle to assist in emergencies shall be $125, plus actual processing and disposal costs.
51 EXHIBITD
RA TE ADJUSTMENT
SECTION DI -ANNUAL MAXIMUM RA TE ADJUSTMENTS
Section DI. I Adjustment Request
Athens Services may request an adjustment to the maximum permitted rates annually, to be effective each July I. Athens Services shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March I. The request shall be based on the method of adjustment described in this Section D 1 of Exhibit D. Failure to submit a written request by March 1 shall result in Athens Services waiving the right to request such an increase for that year.
Annual adjustment to the maximum rates calculated in accordance with this Section DI is subject to the approval of the City Council.
Section DI .2 Cost Components
The approved Athens Services compensation consists of the following cost components, each adjusted by the change in the corresponding rate adjustment factor.
Total
Rate Adjustment Factors and Initial Weightings
Cost Component
Landfill Disposal
All Other
Initial Weighting Rate Adjustment Factor
13% Actual per ton gate rate charged to Athens
Services by the landfill
87% Consumer Price Index for Los Angeles100%
Riverside-Orange County, CA, All items, Not Seasonally
Adjusted, CUUSA42 l SAO ("CPI'')
Section D 1.3 Rate Adjustment Steps
All rates will be adjusted using the cost component weightings identified above. 52 Step One - Calculate the percentage increase or decrease in each rate adjustment factor listed in Section D 1.2 as follows:
Landfill Disposal Change - Measured as the change in the landfill gate rate to be charged on the effective date of the rate adjustment as compared to the gate rate charged the previous July 1. As long as Athens uses the San Bernardino County landfill system to dispose of the City of Glendora's waste, the landfill gate rate shall be the contract rate paid by Athens for the use of the San Bernardino County landfills.
All Other Change - The change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve (12) months before that date (May through April) for All Urban Consumers in the Los Angeles/ Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published. The percentage change in the rates per the CPI adjustment effective only for July 1, 2015 shall be calculated as determined by the percentage change, increase or decrease, in the CPI for the preceding twenty four month period (May through April) less one and 34/100% (1.34%). In the event the CPI for the 24 month period (May through April) preceding July 1, 2015 is less than 1.34%, the difference in the CPI and
1.34% shall be deducted from the CPI adjustment for July 1, 2016. (For example: If the CPI for the 24 month period (May through April) preceding July 1, 2015 is 1.0%, the rate adjustment effective July I, 2015 is calculated as 1.0% - 1.34% = -0.34%. There is no rate adjustment, increase or decrease effective July 1, 2015, and the rates shall remain the same. If the CPI for the 12 month period (May through April) preceding July 1, 20 I 6 is 2.0%, the rate adjustment effective July 1, 2016 is calculated as 2% - 0.34% = 1.66%. An additional example: If the CPI for the 24 month period (May through April) preceding July 1, 2015 is 3.0%, the rate adjustment effective July 1, 2015 is calculated as 3.0%- 1.34% = 1.66%). After July 1, 2015, the change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve ( 12) months before that date (May through April) for All Urban Consumers in the Los Angeles/ Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published.
Step Two - The cost component weightings as a percentage of total costs for the first rate adjustment are provided in Section Dl .2 above, with cost component weightings for subsequent years calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment.
Multiply the percentage changes for each rate adjustment component by that component's weighting and add these resulting percentages together to get the total weighted change to the rates.
Step Three - Multiply the total weighted percent change from Step Two by the existing rates to calculate the increase or decrease to the maximum rates. Add the rate increase or decrease to the existing rates to derive the newly adjusted rates. 53 Step Four- Recalculate weightings for the following year based upon these changes.
Section DI .4 Example Rate Adjustment Calculation
Step One: Calculate percentage change In Indices
A 8 C
Percent Change In
Row Adjustment Factor Index Old Index Value New Index Value Index ((Column B/ Column A) - 1)
1 Landfill Disposal (l] $ 28.86 $ 29.44 2.01%
2 All Other (2) 236.648 240.001 1.42%
Step Two: Determine components
D E F
Cost Component Percent Change In Total Weighted
Row Adjustment Factor Index Weighting (3) Index (from Column Change (Columns Dx Cl El
3 Landfill Disposal (1) 13.00% 2.01% 0.26%
4 Alf Other (2) 87.00% 1.42% 1.24%
5 Total 100.00% 1.50%
Step Three: Apply percentage change to all rates (example rates shown below)
G H I J
Example Rate Current Customer Total Weighted Rate Increase or Adjusted Rate Row Categories Rate Percentage Change Decrease (Column G + Column tfrom Column Fl IColumnG xColumn II
6 Single Dwelling Units $ 24.90 1.50% $ 0.37 $ 25.27
7 Res. Bin 1.5 yd. 1x week $ 112.60 1.50% $ 1.69 $ 114.29 8 Com. Bin 1.5 yd. 1x week $ 111.73 1.50% $ 1.68 $ 113.41 9 Scout Bin 1.5 yd. 1x week $ 142.51 1.50% $ 2.14 $ 144.65 10 Com. lCan $ 37.14 1.50% $ 0.56 $ 37.70
11 Locking Lid $ 12.00 1.50% $ 0.18 $ 12.18
12 Roll-Off Box $ 644.43 1.50% $ 9.67 $ 654.10
13 3 yd. Temp Service $ 138.57 1.50% $ 2.08 $ 140.65
14 Extra dump $ 49.54 1.50% $ 0.74 $ 50.28
Step Four: Re-weiaht cost components
K l M N 0
Change in Cost Adjusted Cost Cost Components
Cost Component Percent Change In Component Component Reweighted to Equal Row Adjustment Factor Index Weightings (Column Index (Column E) Weightings (Column K Weightings (Column 100% (Column N Row D) xColumn L) K+Column Ml divided by Column N
Total)
15 Landfi II Disposal (ll 13.00% 2.01% 0.26% 13.26% 13.06% 16 All Other (2) 87.00% 1.42% 1.24% 88.24% 86.94%
17 Total 100.00% 101.50% 100.00%
(11 Actual change in gate rate charged to Athens Services. (21 Consumer Price Index for Los Angeles-Riverside-Orange County, CA, Alf items, Not Seasonally Adjusted, CUUSA421SAO. (3) First year based on percentages provided in this Section 01. After the first adjustment, this column comes from Column O of the previous year's rate adjustment worksheet.
Section DI .5 Rate Reductions
In the event the rate calculation results in a reduction, the City may implement the reduction whether or not Athens Services has submitted a request. If for any reason a calculated rate reduction is not implemented, future rate increases shall be offset by the amount of the waived reduction.
SECTION D2 - EXTRAORDINARY RA TE ADJUSTMENT REQUEST
54 Athens Services may request an adjustment to maximum rates in the event of extraordinary changes in the cost of providing service under this agreement. Extraordinary rate adjustments may be requested no more than once per year.
For each request for an adjustment to the maximum rates that Athens Services may charge customers brought pursuant to this section, Athens Services shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Athens Services in preparing the estimate.
City may request appropriate supporting information in connection with the City's review of Athens Services' rate adjustment request. City shall review Athens Services· request and, in City's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.
EXHIBITE
CITY FACILITIES SERVICE
Location/Function No. Size Frequencv
City Hall/Refuse 2 3 yard 2x/week
City Hall/Mixed Paper I 3 yard As needed
City Street Yard, Loraine/Refuse I 3 yard Ix/week
City Street Yard, Loraine/Refuse 2 40 yard As needed
Water Dept. Sierra Madre/Refuse 1 3 yard Ix/week
55 1 1.5 yard Ix/week
Water Dept. Sien-a Madre/Mixed paper 1 3 yard As needed Water Dept., Sien-a Madre/Green Waste I 3 yard Ix/week
Glen Oaks Golf Course/Green Waste I 40 yard As needed
Glen Oaks Golf Pro Snack Bar/Refuse 1 3 yard Ix/week
Finkbiner Park/Refuse 4 3 yard Ix/week
Finkbiber Park/Green Waste I 3 yard 2x/week
Gladstone Park/Refuse 3 3 yard Ix/week
Gladstone Park/Green Waste 1 3 yard 2x/week
Centennial Heritage Park/Refuse 1 3 yard Ix/week
Centennial Heritage Park/Green Waste I 3 yard Ix/week
Park Maintenance Yard/Refuse 1 3 yard Ix/week
La Fetra Center/Refuse I 3 yard Ix/week
La Fetra Center/Green Waste I 3 yard Ix/week
Glendora Museum/Refuse 1 3 yard Ix/week
Transportation Center/Refuse 1 3 yard Ix/week
C.L. Equestrian Park/Refuse 1 3 yard Ix/week
C.L. Equestrian 1 3 yard Ix/week
Glendora Village Sidewalk Trash Containers As exist Decorative 2x/week or as between Bennett and Foothill/Refuse Trash needed
Containers
56 EXHIBITF
Intentionally left blank
57 EXHIBITG
Annually Renewable Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That ---------------- (hereinafter called the Principal), and (hereinafter called the Surety), are held and firmly bound unto---------------- (hereinafter called the Obligee), in the full and just sum of ____________ _ Dollars , the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, finnly by these presents.
WHEREAS, the Principal has by written agreement dated the __ day of , 2006 ----- entered into an Agreement with the Obligee for
-------------------fora period of _____ years which
Agreement is hereby referred to and made a part hereof.
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said Agreement for a period of one year.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Agreement at the lime and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is subject to the following conditions:
1. This bond is for the term beginning and ending ------- The bond may be extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non-renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond.
2. In the event of default, the Surety will have the right and opportunity, at its sole discretion, to: a) cure the default; b) assume the remainder of the Agreement and to perform or sublet same, c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Agreement price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages, or forfeitures assessed against the Principal.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or 58 instituted upon the Surety within one year from termination or expiration of the bond term.
4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrator or successors of Obligee.
5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force.
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail.
7. This bond shall not bind the Surety unless the bond is accepted by the Obligee.
The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void.
Signed and sealed this ____ day of __________ , 2006.
PRINCIPAL: SURETY
(seal) (seal)
(name & title) Attorney-in-Fact
THE ABOVE TERMS AND CONDITIONS OF THIS BOND HA VE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE).
ACKNOWLEDGED AND ACCEPTED BY OBLIGEE:
BY:
PRINTED NAME/TITLE:
DATE:
PLEASE RETURN A COPY OF ACCEPTED BOND TO:
59 I. SCOPE OF WORK
EXHIBITH
STREET SWEEPING
Furnish all labor, equipment, materials, and supervision to perform street sweeping maintenance as described herein including, but not limited to, the following:
Using a modem regenerative air street sweeper, thoroughly sweep each improved street in the City on a weekly basis per the schedule set forth in the schedule maps attached hereto.
II. DEFINITIONS
a. Curb-to-Curb - area within the curb limits of the street including medians, intersections, and street ends.
b. Holiday - all days observed by the City as holidays including: New Year's Day, Martin Luther King Jr Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (including the following Friday), Christmas Eve & Christmas Day, New Year's Eve.
c. Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations.
d. Debris - litter, rubbish, leaves, sand, dirt, garbage, and other foreign material. e. Street - all paved dedicated public rights-of-way within the existing or future corporate limits of the City and private streets.
f. Re-sweep - sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation. g. Special Sweep - sweep involving unusual conditions such as traffic hazards, parades, and similar events. If appropriate, prior approval from the City Manager or designee is required. h. Travel Speed - sweeper operator must maintain a speed of no more than six miles per hour while the sweeping broom is lowered in the operating position.
III. WORKING HOURS
All sweeping activities shall be completed by I :30 PM, Monday through Friday unless prior approval is given by the City Manager or designee. Typically sweeping occurs no earlier than 1:30AM.
Approval of Athens Services schedule will be at the reasonable discretion of the City. 60 IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance standard. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line.
Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that Athens Services maintain a firm schedule for sweeping posted streets, as Athens Services is required to coordinate sweeping operations with City.
Athens Services is required to sweep parking lots identified on the schedule maps attached hereto, including City Hall, adjacent to streets along the scheduled route. Athens Services is required to correct deficiencies within the time specified by the City.
Athens Services shall perform Special Sweeps "free-of charge" at the request of the City. These Special Sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. These may be used to clean before and after traffic hazards, parades, and similar events, or for any reason that the City chooses; provided that these Special Sweeps shall be limited to fifteen occurrences on an annual basis.
Athens Services shall perform Inclement Weather sweeps "free-of charge" at the request of the City. These sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. If, in the reasonable judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein and after appropriate notice and a twenty four (24) hour opportunity to cure, impose liquidated damages in the amount of $500 per day for each day until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between Athens Services and the City.
V. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City's Public Works Department. There shall be a minimum of one quarterly meeting with the Athens Services and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by Athens Services will be submitted in writing to the City upon request by the City.
Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Athens Services, and corrected in a satisfactory manner as set forth in the specifications.
61 VI. RECORDS AND SCHEDULE
Athens Services shall keep accurate records concerning all of its employees or agents and provide the City with names and telephone numbers of emergency contact employees.
VIL EMERGENCY SERVICES
Athens Services will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when Athens Services' normal work force is not present in the City. These Athens Services representatives shall respond to said emergency within ninety (90) minutes from receiving notification.
VIII. PERFORMANCE DURING INCLEMENT WEATHER
During the periods when Inclement Weather hinders normal operations, Athens Services shall adjust its work force in order to accomplish those activities that are not affected by weather. 62 " ~-; (W
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0.5 Glendora-Tuesday Map 1
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City of Glendora List of Alleys
Alley Descriptions
1 E/0 Pennsylvania between Sierra Madre and Virginia
2 N/0 Virginia between Pennsylvania and Vermont
3 E/0 Vermont between Sierra Madre and s'ly alley
4 N/0 Virginia between Vermont and Glendora
5 E/0 Vista Bonita between Sierra Madre and s'ly alley
6 N/0 Virginia between Vista Bonita and Wabash
7 E/0 Pennsylvania between Virginia and s'ly alley
8 N/0 Leadora between Pennsylvania and Vermont
9 E/0 Vermont between Virginia and s'ly alley
10 N/0 Leadora between Vermont and Glendora
11 E/0 Glendora between Virginia and s'ly alley
12 N/0 Leadora between Glendora and Vista Bonita
13 E/0 Vista Bonita between Virginia and s'ly alley
14 N/0 Leadora between Vista Bonita and Wabash
15 E/0 Wabash between Virginia and Leadora
16 N/0 Leadora between Wabash to e'ly alley
17 E/0 Pennsylvania between Leadora and s'ly alley
18 N/0 Whitcomb between Pennsylvania and Vermont
19 E/0 Vermont between Leadora s'ly alley
20 N/0 Whitcomb between Vermont and Glendora
21 E/0 Glendora between Leadora and s'ly alley
22 N/0 Whitcomb between Glendora and Vista Bonita
23 E/0 Vista Bonita between Leadora and s'ly alley
24 N/0 Whitcomb between Vista Bonita and Wabash
25 E/0 Wabash between Leadora and s'ly alley
26 N/0 Whitcomb between Wabash and Minnesota
27 E/0 Minnesota between Leadora and Whitcomb
28 E/0 Pasadena between Leadora and Whitcomb
29 E/0 Pennsylvania between Whitcomb and s'ly alley
30 N/0 Bennett between Pennsylvania and Vermont
31 E/0 Vermont between Whitcomb and s'ly alley
32 N/0 Bennett between Vermont and Glendora
33 E/0 Glendora between Whitcomb and s'ly alley
34 N/0 Bennett between Glendora and Vista Bonita
35 E/0 Vista Bonita between Whitcomb and s'ly alley
36 N/0 Bennett between Vista Bonita and Wabash
37 N/0 Meda between Pennsylvania and Vermont
38 N/0 Meda between Vermont and Glendora
39 N/0 Meda between Glendora and Vista Bonita
40 N/0 Meda between Vista Bonita and Wabash
41 N/0 Meda between Wabash and Minnesota
42 S/0 Mountain View between Pennsylvania and w'ly end
43 N/0 Foothill between Pennsylvania and Vermont
44 E/0 Pennsylvania between S/0 Mountain View and s'ly end 45 S/0 Meda between Vermont and Glendora
1 City of Glendora List of Alleys
Alley Descriptions
46 N/0 Foothill between Vermont and Glendora
47 E/0 Vermont between N/0 Foothill and n'ly end
48 E/0 Glendora between Meda and s'ly alley
49 N/0 Foothill between Glendora and Vista Bonita
so S/0 Meda between Vista Bonita and Wabash
51 N/0 Foothill between Vista Bonita and Wabash
52 E/0 Vista Bonita between N/0 Foothill and n'ly alley 53 S/0 Meda between Wabash and Minnesota
54 W /0 Washington between Foothill and s'ly alley
55 E/0 Washington between S/0 Foothill and MTA R/W
56 S/0 Foothill between Washington and w'ly alley
57 S/0 Foothill between Washington and Pennsylvania
58 E/0 Washington between Carroll and n'ly alley
59 S/0 Foothill between Pennsylvania and Vermont
60 E/0 Pennsylvania between Carrol and n'ly alley
61 E/0 Vermont between Carrol and n'ly end
62 E/0 Vista Bonita between Carroll and n'ly alley
63 S/0 Foothill between Vista Bonita and Wabash
64 E/0 Wabash between Carroll and n'ly alley
65 S/0 Foothill between Wabash and Minnesota
66 W /0 Vermont between Carroll and Vermont
67 E/0 Vermont between Carroll and s'ly end
68 E/0 Glendora between Carroll and Ada
69 E/0 Vista Bonita between Carroll and Ada
70 E/0 Wabash between Carroll and Ada
71 N/0 Gladstone between Bradford and Willow
72 N/0 Gladstone between Willow and Valley Center
2. City of Glendora
Foothill Transit Bus Stop List
Street Cross Street Location Corner Pos. Items Emptied Year Installed Route(s) Route 66 Vecino Dr. Near-side S/W Corner Can Weekly 2005 187 EB Route 66 Grand Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2005 187 EB Route 66 Glendora Ave. Near-side S/W Corner Bench/Can Weekly 2004 187 EB Route 66 Pasadena Ave. Near-side S/W Corner Bench/Can Weekly 2003 187 EB Route 66 Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Loraine Ave. Mid-block South Bench/Can Weekly 2002 187 EB Route 66 Hunters Trail Near-side S/W Corner Bench/Can Weekly 2005 187 EB Route 66 Lope Ln. Far-side S/E Corner Can Weekly 2002 187 EB Route 66 Lone Hill Ave. Far-side S/E Corner Bench/Can Weekly Replaced 2010 187 EB Foothill Blvd. Amelia Ave. Near-side N/E Corner 2013 187WB Route 66 Lone Hill Ave. Near-side NIE Corner Bench/Can Weekly 187WB Route 66 Compromise Line Dr. Near-side N/E Corner Bench/Can Weekly 2002 187WB Route 66 Hunters Trail Mid-block North Bench/Can Weekly 2002 187 WB Route 66 Loraine Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Pasadena Ave. Far-side N/W Corner Bench/Can Weekly 2005 187 WB Route 66 Glendora Ave. Far-side N/W Corner Bench/Can Weekly 2006 187 WB/284 SB Route 66 Vermont Ave. Near-side N/W Corner Bench/Can Weekly 2002 187 WB Route 66 Grand Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Forestdale Ave. Far-side N/W Corner Bench/Can Weekly 2003 187 WB Route 66 Barranca Ave. Near-side N/E Corner Bench/Can Weekly 187 WB 284NB/494
Lone Hill Ave. Lone Hill Park & Ride Mid-block East WB/690WB Lone Hill Ave. Petunia St. Near-side S/E Corner 284NB/494 WB Lone Hill Ave. Kenoma St. Far-side N/E Corner 284NB/494 WB Lone Hill Ave. Route 66 Far-side N/E Corner 284NB/494 WB Lone Hill Ave. Palopinto Ave. Mid-block East 284NB/494 WB Foothill Blvd. Lone Hill Ave. Far-side N/WCorner 2013 284NB/494 WB Foothill Blvd. Whispering Oaks Dr. Near-side N/E Corner 284NB/494 WB 284NB/494
Foothill Blvd. Valley Center Dr. Far-side N/W Corner Trash Can Weekly 2004 WB/851 SB 284NB/494
Foothill Blvd. Loraine Ave. Near-side N/E Corner Bench Weekly 2004 WB/851 SB Foothill Blvd. Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Live Oak Ave. Far-side N/W Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Minnesota Ave. Near-side N/E Corner 284NB/494 WB Glendora Ave. Foothill Blvd. Far-side S/W Corner Bench/Can Weekly 2003 284NB Glendora Ave. Ada Ave. Far-side S/W Corner 284NB
Vermont Ave. Route 66 Far-side NIE Corner Layover
Glendora Ave. Ada Ave. Far-side N/E Corner Bench/Can Weekly 2004 284 SB/851 NB Glendora Ave. Foothill Blvd. Near-side S/E Corner Bench/Can Weekly 2010 284 SB/851 NB Foothill Blvd. Minnesota Ave. Near-side S/W Corner 284 SB/494 EB Foothill Blvd. Live Oak Ave. Mid-block South Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Barranca Ave. N/E Corner Bench/Can Weekly 2002 Foothill Blvd. Barranca Ave. S/W Corner Bench/Can Weekly 2002 Foothill Blvd. Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Loraine Ave. Far-side S/E Corner Trash Can Weekly 2013 284 SB/494 EB Foothill Blvd. Valley Center Dr. Far-side S/E Corner 284 SB/494 EB Foothill Blvd. Gordon Ave. Near-side S/W Corner 284 SB/494 EB Foothill Blvd. Lone Hill Ave. Near-side S/W Corner 2013 284 SB/494 EB Lone Hill Ave. Palopinto Ave. Near-side N/W Corner 284 SB/494 EB Lone Hill Ave. Route 66 Far-side S/W Corner 284 SB/494 EB Lone Hill Ave. Kenoma St. Near-side N/W Corner 284 SB/494 EB Lone Hill Ave. Petunia St. Near-side S/E Corner 2013 284 NB/494 WB Lone Hill Ave. Petunia St. Far-side S/W Corner 2013 284 NB/494 EB Lone Hill Ave. Lone Hill Park & Ride (0~ Mid-block West Bench/Can Weekly 2010 284 SB/494 EB Lone Hill Ave. Gladstone Ave. Near-side N/W Corner 284SB Grand Ave. Gladstone Ave. Near-side S/W Corner Bench/Can Weekly 2004 488 EB/498 EB Grand Ave. Dawson Ave. Far-side N/E Corner Bench/Can Weekly 2004 488 EB Grand Ave. Citrus Edge St. Near-side S/E Corner Bench/Can Weekly 2001 488 EB/498 EB Grand Ave. Baseline Rd. Far-side N/E Corner Bench/Can Weekly 2002 488 EB/498 EB Grand Ave. Mauna Loa Ave. Near-side S/E Corner Bench/Can Weekly 2001 488 EB/498 EB Grand Ave. Route 66 Far-side N/E Corner Can Weekly 2002 488 EB/498 EB Grand Ave. Ada Ave. Far-side N/E Corner Can Weekly 2002 488EB Foothill Blvd. Valencia St. Near-side N/E Corner 488 EB/494 WB Foothill Blvd. Valencia St. Far-side S/E Corner Bench/Can Weekly 2002 488 WB/494 WB Foothill Blvd. Grand Ave. Near-side S/W Corner Bench/Can Weekly 2002 488 WB/494 WB Grand Ave. Ada Ave. Mid-block West Can Weekly 2002 488WB Grand Ave. Route 66 Far-side S/W Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Mauna Loa Ave. Near-side N/W Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Baseline Rd. Near-side N/W Corner Can Weekly 2003 488 WB/498 WB Grand Ave. Citrus Edge St. Far-side S/W Corner Bench/Can Weekly 2002 488 WB/498 WB Grand Ave. Dawson Ave. Mid-block West Bench/Can Weekly 2002 488WB Grand Ave. Gladstone Ave. Far-side S/W Corner Bench/Can Weekly 2002 488 WB/498 WB Arrow Hwy. Strawberry Ln. Mid-block North 492WB
Arrow Hwy. Sunflower Ave. Near-side N/E Corner Bench/Can Weekly 2002 492WB Arrow Hwy. Lyman Ave. Mid-block North 492 WB/851 SB
Arrow Hwy. Bonnie Cove Ave. Far-side N/W Corner 492 WB/851 SB Arrow Hwy. Grand Ave. Near-side N/W Corner Replacement 492WB Arrow Hwy. Glendora Ave. Far-side N/W Corner Replacement 492WB Foothill Blvd. Washington Ave. Far-side S/E Corner Bench Weekly Replacement 494 EB Foothill Blvd. Glendora Ave. Near-side S/W Corner Bench/Can Weekly 2003 494 EB Foothill Blvd. Glendora Ave. Far-side N/W Corner Bench/Can Weekly 2000 494WB Foothill Blvd. Washington Ave. Mid-block North 494WB
Foothill Blvd. Grand Ave. Near-side N/E Corner Bench/Can Weekly 2003 494WB Baseline Rd. Grand Ave. Far-side N/W Corner 690WB
Baseline Rd. Grand Ave. Near-side S/W Corner 690 EB
210 East On-Ramp Lone Hill Ave. Far-side S/E Corner 690 EB Sunflower Ave. Arrow Hwy. Far-side N/E Corner 851 NB
Sunflower Ave. Juanita Ave. Far-side N/E Corner 2013 851 NB Gladstone Ave. Sunflower Ave. Far-side N/W Corner 851 NB Gladstone Ave. Bonnie Cove Ave. Near-side N/E Corner 851 NB Gladstone Ave. Rimhurst Ave. Far-side N/W Corner 2013 851 NB Glendora Ave. Dawson Ave. Mid-block East 851 NB
Lone Hill Ave. S/W Corner Bench/Can Weekly 2010
Glendora Ave. Route 66 Far-side N/E Corner Can Weekly 2004 851 NB Bennett Ave. Vermont Ave. Near-side N/E Corner 851 NB
Bennett Ave. Washington Ave. Near-side N/E Corner 2013 851 NB Bennett Ave. Grand Ave. Near-side N/E Corner Can Weekly Replacement 851 NB Grand Ave. Leadora Ave. Near-side S/E Corner 851 NB
Grand Ave. Sierra Madre Ave. Near-side S/E Corner Can Weekly 2004 851 NB Sierra Madre Ave. Bubbling Well Dr. Mid-block South Can Weekly 2004 851 NB Sierra Madre Ave. Glendora Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Cullen Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Live Oak Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Northridge Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Loraine Ave. Near-side S/W Corner 2013 851 NB Sierra Madre Ave. Treanor Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Fountain Springs Ln. Near-side S/W Corner 851 NB Valley Center Dr. Cathrine Park Dr. Mid-block West 2013 851 NB Loraine Ave. Bennett Ave. Near-side S/E Corner 2013 851 SB Loraine Ave. Leadora Ave. Mid-block East 851 SB
Sierra Madre Ave. Loraine Ave. Far-side N/W Corner 2013 851 SB Sierra Madre Ave. Northridge Ave. Mid-block North 851 SB Sierra Madre Ave. Live Oak Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Sanna Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Glendora Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Bubbling Well Dr. Near-side N/E Corner 851 SB Grand Ave. Sierra Madre Ave. Far-side S/W Corner Can Weekly 2003 851 SB Grand Ave. Leadora Ave. Near-side N/W Corner Can Weekly 2003 851 SB Grand Ave. Bennett Ave. Near-side N/W Corner Can Weekly 2003 851 SB Bennett Ave. Washington Ave. Mid-block South Bench Weekly 2000 851 SB Bennett Ave. Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2008 851 SB Sunflower Ave. Juanita Ave. Near-side S/E Corner 2013 851 SB @
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EXHIBIT I
BUS STOP LOCATIONS
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STREET CROSS STREET LOCATION CORNERPOS. ITEMS
ROUTE 66 VECINO DR. NEAR-SIDE S/WCORNER CAN
ROUTE 66 GRAND AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE66 VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE66 GLENDORA AVE. NEAR-SIDE S/WCORNER BENCH/CAN
ROUTE 66 PASADENA AVE. NEAR-SIDE S/WCORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 LORAINE AVE. MID-BLOCK SOUTH BENCH/CAN
ROUTE 66 HUNTERS TRAIL NEAR-SIDE S/WCORNER BENCH/CAN
ROUTE 66 LOPE LN. FAR-SIDE S/E CORNER CAN
ROUTE 66 LONE HILL AVE. FAR-SIDE S/E CORNER BENCH/CAN
FOOTHILL BLVD. AMELIA AVE. NEAR-SIDE N/E CORNER
ROUTE 66 LONE HILL AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 COMPROMISE LINE DR. NEAR-SIDE N/E CORNER BENCH/CAN ROUTE 66 HUNTERS TRAIL MID-BLOCK NORTH BENCH/CAN
ROUTE 66 LORAINE AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 PASADENA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 VERMONT AVE. NEAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 FORESTDALE AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 BARRANCA AVE. NEAR-SIDE N/E CORNER BENCH/CAN
LONE HILL AVE. LONE HILL PARK & RIDE MID-BLOCK EAST
LONE HILL AVE. PETUNIA ST. NEAR-SIDE S/E CORNER
LONE HILL AVE. KENOMAST. FAR-SIDE N/E CORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE N/E CORNER
LONE HILL AVE. PALOPINTO AVE. MID-BLOCK EAST
FOOTHILL BLVD. LONE HILL AVE. FAR-SIDE N/WCORNER
FOOTHILL BLVD. WHISPERING OAKS DR. NEAR-SIDE N/E CORNER FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE N/WCORNER TRASH CAN FOOTHILL BLVD. LORAINE AVE. NEAR-SIDE N/E CORNER BENCH
FOOTHILL BLVD. ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN FOOTHILL BLVD. LIVE OAK AVE. FAR-SIDE N/WCORNER BENCH/CAN 63 FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE N/E CORNER
GLENDORA AVE. FOOTHILL BLVD. FAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ADA AVE. FAR-SIDE S/WCORNER
VERMONT AVE. ROUTE 66 FAR-SIDE N/E CORNER
GLENDORA AVE. ADA AVE. FAR-SIDE N/E CORNER BENCH/CAN
GLENDORA AVE. FOOTHILL BLVD. NEAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE S/WCORNER
FOOTHILL BLVD. LIVE OAK AVE. MID-BLOCK SOUTH BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. N/E CORNER BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. S/WCORNER BENCH/CAN
FOOTHILL BLVD. ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. LORAINE AVE. FAR-SIDE S/E CORNER TRASH CAN FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE S/E CORNER
FOOTHILL BLVD. GORDON AVE. NEAR-SIDE S/WCORNER
FOOTHILL BLVD. LONE HILL AVE. NEAR-SIDE S/WCORNER
LONE HILL AVE. PALOPINTO AVE. NEAR-SIDE N/WCORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE S/W CORNER
LONE HILL AVE. KENOMAST. NEAR-SIDE N/WCORNER
LONE HILL AVE. PETUNIA ST. FAR-SIDE S/W CORNER
LONE HILL AVE. LONE HILL PARK & RIDE (OPP.) MID-BLOCK WEST BENCH/CAN LONE HILL AVE. GLADSTONE AVE. NEAR-SIDE N/WCORNER
GRAND AVE. GLADSTONE AVE. NEAR-SIDE S/WCORNER BENCH/CAN GRAND AVE. DAWSON AVE. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. CITRUS EDGE ST. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. BASELINE RD. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. MALINA LOA AVE. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
GRAND AVE. ADA AVE. FAR-SIDE N/E CORNER CAN
FOOTHILL BLVD. VALENCIA ST. NEAR-SIDE N/E CORNER
FOOTHILL BLVD. VALENCIA ST. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. GRAND AVE. NEAR-SIDE S/WCORNER BENCH/CAN GRAND AVE. ADA AVE. MID-BLOCK WEST CAN
GRAND AVE. ROUTE 66 FAR-SIDE S/WCORNER BENCH/CAN
GRAND AVE. MALINA LOA AVE. NEAR-SIDE N/WCORNER BENCH/CAN GRAND AVE. BASELINE RD. NEAR-SIDE N/WCORNER CAN
GRAND AVE. CITRUS EDGE ST. FAR-SIDE S/WCORNER BENCH/CAN GRAND AVE. DAWSON AVE. MID-BLOCK WEST BENCH/CAN
GRAND AVE. GLADSTONE AVE. FAR-SIDE S/WCORNER BENCH/CAN
ARROW HWY. STRAWBERRY LN. MID-BLOCK NORTH
ARROW HWY. SUNFLOWER AVE. NEAR-SIDE N/E CORNER BENCH/CAN ARROW HWY. LYMAN AVE. MID-BLOCK NORTH
64 ARROW HWY. BONNIE COVE AVE. FAR-SIDE N/WCORNER
ARROW HWY. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
FOOTHILL BLVD. WASHINGTON AVE. FAR-SIDE S/E CORNER BENCH FOOTHILL BLVD. GLENDORA AVE. NEAR-SIDE S/W CORNER BENCH/CAN FOOTHILL BLVD. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN FOOTHILL BLVD. WASHINGTON AVE. MID-BLOCK NORTH
FOOTHILL BLVD. GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN BASELINE RD. GRAND AVE. FAR-SIDE N/W CORNER
BASELINE RD. GRAND AVE. NEAR-SIDE S/WCORNER
210 EAST ON-RAMP LONE HILL AVE. FAR-SIDE S/E CORNER
SUNFLOWER AVE. ARROW HWY. FAR-SIDE N/E CORNER
SUNFLOWER AVE. JUANITA AVE. FAR-SIDE N/E CORNER
GLADSTONE AVE. SUNFLOWER AVE. FAR-SIDE N/W CORNER
GLADSTONE AVE. BONNIE COVE AVE. NEAR-SIDE N/E CORNER
GLADSTONE AVE. RIMHURST AVE. FAR-SIDE N/W CORNER
GLENDORA AVE. DAWSON AVE. MID-BLOCK EAST
LONE HILL AVE. MARKET PLACE NEAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
BENNETI AVE. VERMONT AVE. NEAR-SIDE N/E CORNER
BENNETI AVE. WASHINGTON AVE. NEAR-SIDE N/E CORNER
BENNETI AVE. GRAND AVE. NEAR-SIDE N/E CORNER CAN
GRANO AVE. LEADORA AVE. NEAR-SIDE S/E CORNER
GRANO AVE. SIERRA MADRE AVE. NEAR-SIDE S/E CORNER CAN
SIERRA MADRE AVE. BUBBLING WELL DR. MID-BLOCK SOUTH
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. CULLEN AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. LIVE OAK AVE. FAR-SIDE S/E CORNER
SIERRA MADRE AVE. NORTH RIDGE AVE. FAR-SIDE S/E CORNER
SIERRA MADRE AVE. LORAINE AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. TREANOR AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. FOUNTAIN SPRINGS LN. NEAR-SIDE S/W CORNER VALLEY CENTER DR. CATHRINE PARK DR. MID-BLOCK WEST
LORAINE AVE. BENNETI AVE. NEAR-SIDE S/E CORNER
LORAINE AVE. LEADORA AVE. MID-BLOCK EAST
SIERRA MADRE AVE. LORAINE AVE. FAR-SIDE N/W CORNER
SIERRA MADRE AVE. NORTHRIDGE AVE. MID-BLOCK NORTH
SIERRA MADRE AVE. LIVE OAK AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BANNAAVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BUBBLING WELL DR. NEAR-SIDE N/E CORNER GRANO AVE. SIERRA MADRE AVE. FAR-SIDE S/W CORNER CAN
65 GRAND AVE. LEADORA AVE. NEAR-SIDE N/W CORNER CAN
GRAND AVE. BENNETI AVE. NEAR-SIDE N/W CORNER CAN
BENNETI AVE. WASHINGTON AVE. MID-BLOCK SOUTH BENCH
BENNETI AVE. VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN ARROW HWY. GRAND AVE. N/W CORNER BENCH/CAN
66 EXHIBIT J
SPECIFICATIONS FOR HYDRO TEK POWER WASHER
3000psi
Sgallons per minute
18hp pump
2900w generator
200gallon water tank
Stainless steel high pressure hose
Reel with hose and wand
Vacuum recovery system
Smicron filtration system for water reuse
Containment berms, vacuum hose
Self-contained unit that does not require any outside power source 67 FIRST AMENDMENT TO THE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.,
FOR INTEGRATED WASTE MANAGEMENT
BY AND BETWEEN
CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.
D/B/A ATHENS SERVICES
SEPTEMBER 1,2014
AMENDMENT DATED AS OF JUNE 9, 201 5
1 FIRST AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN
THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC. FOR
INTEGRATED WASTE MANAGEMENT, SEPTEMBER 1, 2014
This FIRST AMENDMENT TO THE FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT, SEPTEMBER 1,2014 (this "First Amendment") is entered into as of the 9 th day of June, 2015 between the City of Glendora, California, a municipal corporation, ("City") and Arakelian Enterprises, Inc., a California corporation (doing business as, and referred to in this Agreement as, "Athens Services"), for the collection, transportation, recycling, composting and disposal of Solid Waste from specified properties in the City of Glendora.
RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("the Act", commonly referred to as "AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the City Council of the City of Glendora has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City; and WHEREAS, the City Council of the City of Glendora declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by AB 939; and WHEREAS, on September 1,2014, City and Athens Services entered into a
CONTRACT AND FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC., FOR INTEGRATED WASTE MANAGEMENT (the "September 1, 2014 Contract"), (a copy of which is attached hereto as Exhibit 1 and made a part hereof), and
2 ARAKELIA ENTEAP
1 4Z
ES, INC.
By:
Gary Clifford, Executive Vice Presidg
/
Attest:
Tim Powell, Chief Offrating Officer
By: W04,44._
Karen K. Davis, Mayor
Attest: tr.
-KAthleen R. Sessman, City Clerk
WHEREAS, Exhibit D of the September 1, 2014 Contract currently requires City Council approval of the non-discretionary annual CPI and landfill gate rate adjustments; and WHEREAS, the City Council of the City of Glendora and Athens Services desire to amend the September 1, 2014 Contract to allow the city manager or his or her designee to approve the non-discretionary annual CPI and landfill gate rate adjustments rather than requiring City Council approval.
NOW, THEREFORE, the parties, in consideration of their respective mutual promises, agree as follows:
Section D1.1 of Exhibit D attached to the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT, dated September 1, 2014, is hereby amended to read as follows:
"Section D1.1 Adjustment Request
Athens Services may request an adjustment to the maximum permitted rates annually, to be effective each July 1. Athens Services shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March I. The request shall be based on the method of adjustment described in this Section DI of Exhibit D. Failure to submit a written request by March 1 shall result in Athens Services waiving the right to request such an increase for that year.
Annual adjustment to the maximum rates calculated in accordance with this Section DI is subject to the approval of the City Manager, or his or her designee." All other terms and conditions of the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT, dated September 1, 2014, shall remain the same and shall remain in full force and effect.
The effective date for this First Amendment shall be June 9,2015.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed.
APPROVED AND ADOPTED this 9' day of June, 2015.
3 Exhibit 1 — September 1, 2014 Contract
4 FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC.
FOR INTEGRATED WASTE MANAGEMENT
BY AND BETWEEN
CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.
D/B/A ATHENS SERVICES
EFFECTIVE SEPTEMBER 1, 2014
1 TABLE OF CONTENTS
PAGE
SECTION 1 — DEFINITIONS 4
SECTION 2— SERVICE AREA 9
A . Franchi se servi ce A rea 9
SECTION 3 — SERVICES PROVIDED BY ATHENS SERVICES 9
A. Description of Services 9
B. Street Sweeping Services 9
C. Mandatory Customer Service 9
D. Vehicles and Equipment 9
E. Repair of Damaged Pavement 10
F. Repair of Damaged Property 10
CL City Facilities/Community Events Collection 1 I
H . Sharps
I. Electronic Waste Collection I I
J. 1-11-1W Program II
K. Walk-Out Service for Disabled
L. Graffiti Removal 12
M. Bus Stop Maintenance 13
N. Composting Bin Sale 14
0. Annual Compost Give-away 15
P. Emergency Collection Services 15
Q. Transition Assistance 15
SECTION 4— METHODS OF COLLECTION AND PROCESSING 16
A. Methods of Collection Services 16
I. Residential Solid Waste — Services to be Performed 16
2. Multi-Family Bin. Commercial, and Industrial Solid Waste 16
3. Containers for Solid Waste and Green Waste 16
4. Solid Waste Not Placed in Approved Containers 17
5. Collection Time 17
6. Collection Routes 17
7. Collection on Holidays 17
8. Collection Standards 17
9. Roll-off and Lowboy Bins 17
10. Bulky Waste 18
11. Special Waste 18
12. Christmas Trees 18
13. Scout and Push-Out Service 18
14. Locking Lid Fees 18
15. Abandoned Bulky Item Collection 19
16. Dedicated Routes 19
1 C. Right to Impound 19
D. Nlinimum Diversion Requirement 19
E. Construction and Demolition Debris 70
F. Missed Pickups 70
0. Disposal Facility 70
13. City Billing and Collection Responsibility
C. Athens Billing and Collection Responsibility
D. Franchise Fee
E. Environmental Administrative Fee
SECTION 6— EFFECTIVE DATE AND TERM OF AGREEMENT 7 1
SECTION 7— crry CONSENT REQUIRED FOR TRANSFER OR CHANGE OF CONTROI "2
A. Transfer 22
13. Change in Control
C. Transfer Consent Process 77
SECTION 8 — MISCELLANEOUS PROVISIONS
A. Independent Contractor
B. No Joint Association
C. No Gratuities
D. Anti-Discrimination Clause
E. Notices
F. Entire Agreement
G. Interpretation
Waiver
I. Attorney's Fees
Severance Clause
Venue
L. Captions
EXHIBIT A SPECIAL WASTES 77
EXHIBIT B GENERAL PROVISIONS
EXHIBIT C RATE AND FEE SCHEDULE 48
EXHIBIT RATE ADJUSTMENT 52
EXHIBIT E CITY FACILITIES SERVICE 55
EXHIBIT F Intentionally left blank 57
EXHIBIT G Annually Renewable Perfonnanee 13ond 58
SECTION 5 — FEES FOR SERVICES
A. Basic Rates
7 0
70 7 0
7 0
71 77
2 BOND # 58
EXHIBIT H STREET SWEEPING 60
EXHIBIT I BUS STOP LOCATIONS 63
3 FRANCHISE AGREEMENT BETWEEN
THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC. FOR
INTEGRATED WASTE MANAGEMENT
This CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE
MANAGEMENT (this "Agreement") is entered into this I s' day of September, 2014 between the City of Glendora. California. a municipal corporation. ("City") and Arakelian Enterprises, Inc., a California corporation (doing business as, and referred to in this Agreement as, "Athens Services"), for the collection, transportation. recycling. composting and disposal of Solid Waste from specified properties in the City of Glendora.
RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, as further described below, due to the complex legal nature of solid waste collection and the need for an integrated waste management system which disposes of waste in a healthful and economic fashion, reduces generation and promotes reuse and recycling, limits the potential for waste to degrade water sources or contaminate the environment, City finds it necessary to award an exclusive franchise to a single franchisee, and for such privilege, and in consideration of Athens Services' obligations hereunder, City shall collect a franchise fee, and an environmental administrative fee to assist in covering the City's costs in addressing mitigation of environmental impacts, as provided herein; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989. ("AB 939" or the "Act") and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and
WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid 1 waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the Federal Clean Water Act of 1972 establishes water quality standards for all contaminants in surface waters, requires the implementation of wastewater pollution control programs, and authorizes the National Pollutant Discharge Elimination System (NPDES) permit system to control water pollution by regulating point sources that discharge pollutants into waters of the United States, which stonnwater programs are administered regionally through rules, regulations and mandates promulgated by the Los Angeles Regional Water Quality Control Board: and
WHEREAS. City is obligated to protect the public health and safety of the residents and businesses in the City, and arrangements made by solid waste enterprises and recyclers for the collection of Residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety: and WHEREAS, City and Athens Services are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Residential and commercial Solid Waste, including AB 939, AB 341, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et. seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Chapter 526, Statutes of 2003: SB 50, Chapter 863, Statutes of 2004: AB 575 Chapter 59. Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("U WED"). non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries, alkaline batteries, carbonzinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches: and
WHEREAS. City and Athens Services desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Athens Services, an independent entity, not City, which will arrange to collect Solid Waste from single family dwellings, multiple family dwellings, City and Commercial Customers in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable Materials from single family dwellings, multiple family dwellings, City, and commercial customers in the City, and collect and recycle or dispose of Construction and Demolition Materials ( -C & D Materials"); and WHEREAS, Athens Services represents and warrants to City that Athens Services has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and any other State, County, or additional agencies with jurisdiction over the portion of the City's waste stream that is collected by Athens Services, and that Athens Services shall submit any such data required by the City to meet its reporting obligations in a format specified in this Agreement: and 2 WHEREAS, Athens Services represents that it employs qualified persons responsible for the day-to-day collection, safe transport, and disposal of Solid Wastes and that such persons will operate equipment and otherwise conduct all activities in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Franchisee has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City: and WHEREAS, the City Council of the City declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by all applicable laws; and
WHEREAS, on August II. 1992, City and Athens Services entered into a CONTRACT
AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT which contract was amended by that certain FIRST AMENDMENT TO CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT entered into on October 25, 1994 and by that certain
SECOND AMENDMENT TO CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES. INC. FOR INTEGRATED WASTE MANAGEMENT entered into on April 14, 1998 (collectively, the "Original Contract"); and WHEREAS, on December 1, 2000, City and Athens Services entered into an
AMENDED AND RESTATED CONTRACT AND FRANCHISE BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC. FOR INTEGRATED WASTE MANAGEMENT (the "First Amended and Restated Contract") to amend and restate the Original Contract: and
WHEREAS, on December 1, 2006, City and Athens Services entered into a
FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, 1NC.FOR INTEGRATED WASTE MANAGEMENT BY AND BETWEEN CITY OF GLENDORA AND AFtAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES EFFECTIVE DECEMBER 1,2006 (the "2006 Contract"); and WHEREAS. on December 1,2013, City and Athens Services entered into a nine (9) month extension of the FRANCHISE AGREEMENT BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES. INC.FOR INTEGRATED WASTE MANAGEMENT BY AND BETWEEN cry OF GLENDOFtA AND ARAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES EFFECTIVE DECEMBER 1,2006 (the "2013 Contract Extension"): and WHEREAS, the parties entered into negotiations for a new agreement and now hereby desire to enter into the instant Agreement as more fully set forth below.
NOW, THEREFORE, the parties hereto, in consideration of their respective mutual promises, agree as follows:
SECTION 1 — DEFINITIONS
General. Whenever any term used in this Agreement is defined in the Municipal Code of the City of Glendora ("Municipal Code") or Division 30, Part I. Chapter 2 of the California Public Resources Code, as they may be amended, the definition in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement.
A. AB 939
"AB 939" means the California Integrated Waste Management Act of 1989, codified in part as Public Resources Code Section 40000 et. seq., (including additional requirements implemented in response to AB 341) as it may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act.
B. Annual Report
"Annual Report" shall mean the Annual Report required by SECTION B7.F1 of EXHIBIT B of this Agreement.
C. Basic Rates
"Basic Rates" are those rates designated as such in EXHIBIT C plus the City established Franchise Fee. Basic Rates are subject to adjustment as set forth in EXHIBIT D.
D. Bulky Waste
"Bulky Waste" means large and small household appliances including items referred to as "brown goods" or electronic waste (including but not limited to refrigerators, toaster ovens, hair dryers and other electric-corded items, televisions, computer-related items, and cellular telephones), furniture, carpets, mattresses, hot water heaters and other similar items restricted for placement at curbside by single-family and multi-family (can or bin service) dwelling units only.
Bulky Waste does not include Green Waste, garbage, manure or significant construction and demolition materials.
E. City
"City" shall mean the City of Glendora, California, a municipal corporation.
F. City Clerk
"City Clerk" means the City Clerk of the City.
G. City Council
"City Council" means the City Council of the City.
4 H. City Limits
"City Limits" means the existing boundaries of the City together with all subsequent amendments and changes thereto, which boundaries are shown by maps on file in the office of the City Clerk of the City.
I. City Manager
"City Manager" means the City Manager of the City or any person who the City Manager may from time to time designate to perform any of the functions of the City Manager under this Agreement.
J. Curbside Service
"Curbside Service" means a Residential Property Customer's placement of one or more residential solid waste container(s) adjacent to a street or public right of way for the express purpose of facilitating the collection of solid waste by Athens Services.
K. Customer
"Customer" means a person in charge of day-to-day activities at premises to which Athens Services is to provide services under this Agreement. In order for the City to carry out its obligations under applicable law, via a third party solid waste hauler and recycler, each customer is required to subscribe to the appropriate level of service provided under this Agreement, pursuant to Glendora Municipal Code Section 6.08.140.
L. Disposal Site
"Disposal Site" means a legally operated landfill or transformation facility (e.g. waste to energy facility) which constitutes the ultimate destination site for Solid Waste and Green Waste.
M. Dwelling Unit
"Dwelling Unit" means a house, an apartment. a mobilehome. a group of rooms or a single room that is occupied or intended for occupancy as separate living quarters in which the occupants live and eat separately from any other people in the building and which have direct access from the outside of the building or through a common hall. A room or series of rooms that are part of a Dwelling Unit sharing a common address and not separately metered will not be deemed to be a separate dwelling unit.
N. Franchise Fee
"Franchise Fee" shall mean a fee in consideration of the City's grant of this Exclusive Franchise, and to partially offset City's expenses in administering its Solid Waste and recycling program. as well as the wear and tear on the city's streets and rights of way caused by the operations of Athens Services in performing this Agreement, but does not include any fee 5 within the meaning of Public Resources Code § 41901 or within the scope of Government Code § 66016. as currently and as hereafter amended.
0. Graffiti
"Graffiti" means and includes any unauthorized inscription, word. figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn ;or painted on real or personal property.
P. Green Waste
"Green Waste" shall mean leaves, grass clippings, brush, branches, limbs and other forms of organic materials generated from landscapes or gardens. and incidental pieces of scrap lumber no longer than twenty-four inches (24") long, separated from other Solid Waste. "Green Waste" includes Christmas trees but does not include stumps or branches exceeding three inches (3") in diameter or three feet (3') in length, or palm fronds, yucca leaves or cactus, which are not suitable for composting.
Q. Green Waste Bundle
"Green Waste Bundle" shall mean tree, shrub and brush trimmings which are securely tied together forming an easily-handled package not more than three feet (3') long or thirty-five pounds in weight, tied with a compostable material.
R. Hazardous Waste
"Hazardous Waste" means any hazardous or toxic substance, material or waste which is regulated by any local governmental authority, the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115. 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material." "hazardous substance." or "hazardous waste" under Sections 25501 (j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code: (vii) asbestos; (viii) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations: (ix) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901. et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous substance" 6 pursuant to the Comprehensive Environmental Response. Compensation and Liability Act, 42 U.S.C. Section 9601. et seq. (42 U.S.C. § 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101, et seq. or (xiv) defined as such or regulated by any "Superfund" or "Superlien" law, or any other Federal. State or local law, statute, ordinance, code, rule, regulation., order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, oral any time herealler, in effect. 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.
S. Materials Recovery Facility (MRF)
"Materials Recovery Facility" or "MRF" shall mean a facility permitted by the California Integrated Waste Management Board which accepts solid waste for the purpose of recycling. The residual is consolidated and transported to a Disposal Site.
T. ivIRF Gate Fee
"MRF Gate Fee" means the total dollar amount of the tipping fee, MRF processing fee and any other duly authorized charges, assessments and taxes levied against Athens Set-vices for the disposal of Solid Waste, as defined in EXHIBIT D of this Agreement.
U. Non-Residential Property
"Non-Residential Property" means any property other than residentially developed property.
V. Recyclable Material
"Recyclable Material" shall mean a commodity with value, which may be sold or given away. In either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the seller/donor may not pay the buyer/donee (other than Athens Services) any consideration for collecting, processing or transporting such Recyclable Materials, or as a consulting fee for recycling services. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Residential Solid Waste is not a sale or donation of Recyclable Materials and does not qualify for this exception. All Recyclable Material that is discarded into the waste stream loses its character as a Recyclable Material and becomes Solid Waste subject to this Agreement. 7 W. Recyclable Solid Waste
"Recyclable Solid Waste" means that part of the Solid Waste stream which can become Recyclable Material and which has been source-separated from other forms of Solid Waste.
Recyclable Solid Waste can include paper, metal. plastic. glass and construction and demolition materials such as concrete, dry wall and asphalt, organic materials including Green Waste, wood and other Recyclable Solid Wastes as appropriate.
X. Refuse
"Refuse" means any trunk or limb of a tree, asphalt. concrete, construction material and waste, demolition material, and dirt. Refuse does not include tree limbs and branches in a Green Waste Bundle or bags and boxes.
Y. Residential Property
"Residential Property" means a detached house, each unit of a multi-family dwelling and shall also include mobile home parks within the City, but not nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions.
Z. Solid Waste
"Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including garbage, manure. Refuse, and rubbish. Solid Waste includes Bulky Waste, Green Waste Bundles and Recyclable Solid Wastes. Solid Waste does not include any Special Waste.
AA. Special Waste
"Special Waste" means all the items and materials which are set forth in EXHIBIT A. which is attached, and, by this reference, is incorporated into this Agreement.
BB. Transfer Fee
"Transfer Fee" means the payment of an amount by Athens Services to the City to reimburse the City for its investigative, administrative, consulting, legal counsel, advertisement and other related time and expenses incurred in the processing of an application for approval of the transfer of the Franchise and Contract.
8 CC. Transfer Station
"Transfer Station" means a facility permitted by CalRecycle (formerly California Integrated Waste Management Board), which accepts solid waste for the purpose of consolidated and transportation efficiency to an ultimate disposal site.
SECTION 2— SERVICE AREA
A. Franchise Service Area
Athens Services shall provide the services required under this Agreement to all properties within the City Limits. This Agreement shall be exclusive to Athens Seiwices.
SECTION 3 — SERVICES PROVIDED BY ATHENS SERVICES
A. Description of Services
Athens Services shall make arrangements for the collection. MRE processing, recycling and disposal of the non-recyclable residuals of all Solid Wastes, including Recyclable Solid Wastes and Green Wastes, for all property described in SECTION 2, except for property within the jurisdiction of other public entities (ie, Glendora Unified School District, Charter Oak Unified School District, etc.) according to the terms set forth in this Agreement, including, but not limited to EXHIBIT B (which is attached, and which, by this reference is incorporated into this Agreement), the applicable requirements of Chapter 6.08 of the Municipal Code and all other applicable federal, state or local laws and regulations currently in effect on the date of this Agreement, and reasonable industry standards for similar Solid Waste services in similar cities in Southern California.
B. Street Sweeping Services
Street sweeping services shall be provided at no charge to the City for all residential streets, alleys, designated public parking lots and all commercial streets. The street sweeping schedule is set forth in Exhibit H and made a part hereof The schedule may be amended from time to time with the prior written consent of the City and Athens Services. All street sweeping shall conform to all applicable city, county, state, and federal regulations currently in effect on the date of this Agreement.
C. Mandatory Customer Service
Athens Services shall provide, and all premises within the Franchise Service Area shall subscribe to and accept the services provided pursuant to this Agreement. City shall enforce the Glendora Municipal Code as it relates to Solid Waste regular collection and removal services in accord with § 6.08.260. Prohibited Public Nuisance.
D. Vehicles and Equipment
Athens Services shall furnish, at its own expense, an adequate number of vehicles and equipment required to perform the services required under this Agreement. The vehicles 9 used in the collection of solid waste shall be of a covered type which compresses the load hydraulically, mechanically or by some equivalent means and no vehicle shall be more than twelve (12) years old. All vehicles used by Athens Services under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall meet all applicable safety standards, shall be kept clean and in good repair, shall be uniformly painted, and shall visibly display Athens Services name, telephone number and vehicle number in letter and figures no less than five inches (5") high and no more than eight inches (8") high. Solid Waste and Green Waste collection vehicles shall be washed at least once every seven (7) calendar days and shall be odor free.
All equipment used by Athens Services under this Agreement shall be subject to inspection by all applicable jurisdictional agencies, including but not limited to the Los Angeles County Health Officer or the officer's deputies and California Highway Patrol, shall comply with all regulations imposed by any applicable Los Angeles County ordinance, shall be subject to inspection by City on a semi-annual basis, and shall comply with all applicable local, state and Federal laws and regulations currently in effect on the date of this Agreement. All front loader trucks used by Athens Services under this Agreement shall be powered by compressed natural gas (CNG), liquid natural gas (LNG), or any other clean fuel meeting or exceeding the standards for clean fuels established by the South Coast Air Quality Management District; provided, however, that Athens Services will place the order for such front loader trucks within ten (10) days after execution of this Agreement and Athens Services will not be required to comply with this sentence until such trucks are delivered by the manufacturer and placed in service, or until nine (9) months after execution of this Agreement, whichever occurs first.
E. Repair of Damaged Pavement
Any identifiable damage to the paved surfaces of public rights-of-way or private streets that directly results from the weight or operation of vehicles which provide Solid Wastes collection services pursuant to this Agreement shall be repaired or replaced by Athens Services. at Athens Services' sole expense, within thirty (30) days after receiving a notice to repair the public right-of-way from the City or a complaint about damage to a private street from any person who owns or is in lawful possession of real property that has access to the private street, provided that Athens Services determines that the damage was the direct result of the weight or operation of any of its vehicles. In the event that Athens Services does not undertake repairs, the exclusive remedy of City or of the complainant shall be a civil action.
F. Repair of Damaged Property
Any physical damage caused by the negligent or willful acts or omissions of officers, employees, servants or agents of Athens Services to private or City property or City rights-of-way shall be repaired or replaced by Athens Services, at Athens Services sole expense, within thirty (30) days after receiving a notice to repair City property or City rights-of-way from the City or a complaint about damage to private property from any person who owns or is in lawful possession of such property.
10 G. City Facilities/Community Events Collection
City Facilities - Athens Services shall collect and dispose of all Solid Waste, Green Waste, and compostables generated at premises owned and/or operated by the City. Athens Services shall make collections from cans Monday through Friday or on Saturdays following non-working holidays earlier in that week at the frequency set out in EXFIIBIT E. Commercial (bin) and industrial "roll-oft" collections shall be scheduled as designated by the City. The facilities to be provided service initially, together with the type and frequency of service, are listed in EXHIBIT E. which may be modified or expanded by the City.
City-Sponsored Events - City may request free bins, litter boxes and liners, and pick up and disposal or diversion services, for up to twenty (20) community events per year sponsored at least in part by the City as designated by the City Manager.
The services required by this Section G shall be provided by Athens Services or its subcontractors at no additional charge to the City.
H . Sharps
Beginning September I. 2014, Athens Services shall provide containers for the safe collection and disposal of Sharps and Infectious Waste to single and multi-family (can or bin service) residents as needed. "Sharps" include, but are not limited to, hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications or medical testing. Athens Services will deliver containers to residents' door within one week of a Customer's request, either by mail or drop-off. Company shall provide as many containers as requested and as may be reasonably personally used by residents at no additional charge to City, program participants or ratepayers. Sharps containers shall be pre-paid mail back containers. Athens Services may, but shall not be required to, additionally offer for door-to-door collection of such containers through the HI-1W program.
Company will develop and distribute public education materials to promote this program, including promoting this program through its website and other outreach activities targeting seniors. "Infectious Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens including, but not limited to, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste that includes animal waste.
I. Electronic Waste Collection
Electronic Waste. or -e-waste" and select universal wastes shall be collected through the bulky item collection program, as described in Section 4.A.I 0 of this Agreement, at no additional cost to City or rate payers. E-waste to be collected includes, but is not limited to:
televisions; computers and monitors, small appliances (toasters. hairdryers, etc.); and mobile telephones and similar devices. Universal wastes to be included are household batteries and florescent bulbs (tubes and compact florescent bulbs -CFLs-).
J. EIHW Program
11 Beginning September 1, 2014, at no extra charge to the customers, Athens Services will provide Household Hazardous Waste, or HHW, collection to single and multifamily residents at Residential Properties located in City. Athens Services will provide 111-1W collection up to three times per year. Athens Services shall advise residents of a point of collection away from the street, curb or gutter, such as a porch.
Materials collected will include, at a minimum, the following:
Garden Chemicals (such as fertilizer, insect sprays, weed killers, and other poisons);
Swimming Pool Chemicals (such as pool acid and liquid and tablet chlorine):
Automotive Waste (such as motor oil, antifreeze, waxes, polishes, cleaners, brake fluid, gasoline, used oil filters, oily rags, transmission fluid, windshield washer fluid, hydraulic fluid, and automotive batteries);
Paint Products (such as oil-based, latex and spray paints, stripper, stains. caulking, wood preservatives, glue: and thinner);
Household Cleaners (such as bleach, cleaning compounds. floor stripper, drain cleaner, tile remover, tile cleaners, and rust remover): and, Miscellaneous Household Waste (such as household batteries, fluorescent tubes, thermometers, hobby glue, artist's paint, and non-controlled pharmaceuticals).
Athens Services may provide educational material directing residents to dispose of electronic waste through the bulky item program and Sharps through the Sharps program.
Athens Services shall be required to send a public outreach piece to all Residential Dwelling units at the beginning of the program with a program description, the start date, materials to be collected. and instructions on how to call in for a pickup.
K. Walk-Out Service for Disabled
At no additional charge, Athens Services shall provide disabled residents with walk-out service. Athens Services will remove refuse, recyclable and green waste containers and green waste bundles from resident's storage area, place them out for collection, and return containers to resident's storage area after collection, ensuring that all doors or gates are closed securely. In order to qualify as disabled under this section, residents must have been issued a handicap placard from the Department of Motor Vehicles, provided a letter from a medical doctor indicating the disability, or otherwise obtained approval to receive such service from the City. Additionally, walk-out service need not be provided if an able-bodied person resides with the disabled resident.
Graffiti Removal
12 At no additional charge, Athens Services shall provide Graffiti Removal Services for the removal of graffiti in the City of Glendora specified as follows:
Graffiti Removal Services shall be provided six (6) days per week. Monday through Saturday, excepting New Years Day. Presidents Day, Memorial Day, Independence Day. Labor Day, Thanksgiving Day. and Christmas Day, upon twenty four (24) hours of notification by the City, in order to meet the City's goal to have at least ninety percent (90%) of graffiti removed within 24. hours of being reported and one hundred percent (100%) of graffiti removed within 48 hours of being reported or identified.
In certain public safety "Hot Spots", Athens Services shall use commercially reasonable efforts to remove graffiti within twelve (12) hours of notification by the City's Police Chief or his designee. Hot Spots is an area where graffiti has been placed by gangs, and/or graffiti involving hate crimes and/or inflammatory graffiti.
City shall manage a 24 hour graffiti removal hotline service. This service is currently operational and will continue through the duration of this Agreement. Athens Services shall be given 24 hour access to the hotline to secure the list of locations received through that system.
Athens Services shall have the ability to access the hotline, and will monitor it for reported locations on a daily basis. The City manages a dedicated e-mail address whereby citizens may report graffiti incidents. These requests will be forwarded to an e-mail address specified by Athens Services. Athens Services shall monitor the e-mail messages on a daily basis.
Graffiti Removal Services must be provided on all surfaces within commercial, residential, industrial and public properties including street signs, bus benches, and park facilities. Athens Services shall provide the graffiti removal from all surfaces, including porous and non-porous surfaces. Upon the City's approval. Athens Services may utilize sacrificial coatings to facilitate removals on unpainted surfaces. For painted surfaces. Athens Services shall provide color matching.
Athens Services shall maintain the resources, personnel, and equipment necessary to manage the level of service required by the City. Athens Services shall submit a work plan within thirty (30) days of the effective date of this Agreement for review and approval by the City Director of Public Works and Police Chief.
M. Bus Stop Maintenance
Beginning September 1,2014, Athens Services will provide maintenance of the City's bus stops in accordance with the following specifications. Exhibit I lists the existing and proposed shelters, benches. trash receptacles, sidewalks and gutters locations to be maintained within the City of Glendora by Athens Services.
All maintenance service time periods shall be subject to the approval of the City and arranged to cause the least inconvenience to transit users.
Athens Services shall furnish all labor, materials, water, equipment and services required to perform the bus stop maintenance as set forth in this specification:
13 I . Athens Services shall be responsible for trash removal and the replacement of trash bags in all trash receptacles at each location three times per week: Monday.
Wednesday and Friday. Debris, trash, and associated undesirable items. etc. shall be removed from the site area and disposed of legally and properly to the City's satisfaction at Athens Services' expense. The site area includes all areas within twenty-five (25) feet of the outer edges of all the bus stop furniture and only that property which is part of the public right-of-way.
2. Every Monday (unless such is a Federal holiday, then on Wednesday). Athens Services shall clean all interior and exterior visible metal and concrete surfaces, taking care not to damage any of the finishes. Athens Services shall also clean all glass & Plexiglas surfaces for any and all bus shelters. Athens Services shall use a dry cleaning method (i.e., no pressure washing) as well as a mop, broom, or rag to clean the entire bus stop/shelter (including but not limited to bus furniture, shelter structure, trash receptacles and signs ) and area within a 5-foot radius from all sides of bus furniture, shelter structure, trash receptacles and signs, including sidewalks, curbs and gutters, including but not limited to removal of all debris such as_bottles, cans, papers, glass, dirt, etc., to a condition that is broom-clean. Adjacent areas shall be protected by Athens from over-spray, dust, and similar effects of the cleaning operations.
3. The first week of the months of March, June, September, and December, Athens Services shall use high-pressure water spray on metal and concrete surfaces. All debris that is accumulated due to this operation shall be cleaned up and disposed of at the time such operation takes place. Clean all other surfaces on which graffiti is to be removed with a cleaner and/or method approved by the City. In accordance with best management, practices (BMP) the following guidelines must be used when pressure washing:
a. Prior to any washing, block all storm drains with an impervious barrier such as sandbags or berms. or seal the storm drain with plugs or other appropriate materials (and clean accumulated debris and remove blocking materials when finished); b. Create a containment area with berms and traps or take advantage of a low spot to keep wash water contained; and
c. Use vacuums or other machines to remove and collect loose debris or litter before applying water.
d. Use applicable commercial and regulatory best practices and procedures.
4. Athens will use a Hydro Tec SCU Pro Tow Wash to perform the service on the bus stops described in this Section 3.M. Related specifications are set forth on Exhibit J hereto.
5. Emergency call out - Athens Services must respond within 4 hours of receiving emergency requests for services.
N. Composting Bin Sale
14 Athens Services shall provide composting bins and worm bins for sale to the customers served pursuant to this Agreement. The City shall determine the type of bin to be sold and the reduced price to be charged to the residents. Athens shall deliver the bins within seven (7) business days. Composting literature, to be provided by the City to Athens, must be delivered by Athens along with each bin. The balance of costs shall be paid out of the Environmental Administrative Fee in Exhibit C.
0. Annual Compost Give-away
Athens Services shall provide compost give-away to Customers on a semi-annual basis on dates, times and locations to be agreed upon by the City and Athens Services.
P. Emergency Collection Services
At rates to be agreed to by Athens Services and City, Athens Services will assist City at City Manager's request with emergency collection, processing and disposal service (in the event of major disaster, such as an earthquake, storm, riot or civil disturbance), or as otherwise determined necessary by City Manager, by providing collection equipment and drivers normally assigned to City.
Q. Transition Assistance
Prior to and at the end of the term, or in the event this Agreement is terminated for cause prior to the end of the term. Athens Services shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of solid waste handling services.
Athens Services' cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this agreement. Cooperation is required in a timely manner to assist with the City's preparation of a request for proposals or a new agreement, as well as at the time of transition. 15 SECTION 4 — METHODS OF COLLECTION AND PROCESSING
A. Methods of Collection Services
I. Residential Solid Waste — Services to be Performed
Once each week. Athens Services shall separately collect from Residential (single and multi-family) Properties Solid Waste and Green Waste, which have been placed at curbside in barrels, containers or, in the case of Green Waste, Green Waste Bundles, prior to normal collection time on collection days.
Customers that regularly set out more than the equivalent of ten ( 10) 33-gallon barrels shall be charged double the RC I rate set forth in EXHIBIT C.
2. Multi-Family Bin, Commercial, and Industrial Solid Waste As frequently as requested by the Customer, but not less ofien than once per week, Athens Services shall collect from each premises not serviced under Section 4.A.I above (including, but not limited to commercial, industrial and governmental customers, and multifamily customers with that receive refuse collection using bins) where Solid Waste is generated or accumulated, all Solid Waste, which has been placed in bins provided by Athens Services at a location on the premises designated by the Customer prior to Athens Services normal collection time on each collection day. Athens Services shall post all its bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and is prohibited.
Athens Services shall maintain its bins used in the City free of "tagging" or graffiti; graffiti shall be removed within two business days of notice from City or Customer provided to Athens, or observation by Athens Services' driver. See Exhibit B, Section B I 5.3.E for liquidated damages. Athens Services shall maintain all containers in working order, and shall repair or replace any non-functioning container within two business days of notification of damage or disrepair.
Athens Services shall clean all of its bins used to serve the City's customers on an as needed basis., with one cleaning or container exchange provided for each bin at no additional charge once per calendar year. For additional cleanings, or exchanges for the purpose of obtaining a clean bin, Athens Services may charge customers in accordance with the approved rate schedule (Exhibit C)
3. Containers for Solid Waste and Green Waste
Residential Customers, and not Athens Services, shall provide their own barrels, wheeled carts, bags or other containers suitable for the temporary accumulation and collection of Solid Waste and Green Waste. Athens Services shall provide City with labels, approved by Athens Services, for use by Residential Customers to identify the Customer's barrels used for Green Waste. Athens Services shall provide wildlife tamper proof barrels or cans at customers cost to customers upon their request.
16 Athens Services shall provide bins to those Customers requiring the use of bins.
Non-Residential Customers not requiring the use of bins shall provide their own barrels, wheeled cans, suitable for the temporary accumulation and collection of:Solid Waste and Green Waste.
4. Solid Waste Not Placed in Approved Containers
Athens Services may refuse to collect Solid Waste and Green Waste, other than Bulky Waste, which has not been placed in approved containers, barrels, bins, bags or Green Waste Bundles. If Athens Services refuses to collect Solid Waste, including Green Waste, pursuant to this Section, Athens Services shall make a record of such refusal and place a tag on the materials not collected which states the reason for the Athens Services refusal to make the collection and provide a copy of the record to the City on a monthly basis.
5. Collection Time
Athens Services shall not perform collection services between the hours of 6:00 p.m. and 6:00 a.m., Monday through Saturday. No collection services are to be performed on Sunday. Collection service hours are subject to change by mutual written consent of the City Manager and Athens Services.
6. Collection Routes
Athens Services shall perform all collection services over routes established by Athens Services. Athens Services acknowledges City's interest in easing traffic congestion and for that reason agrees to submit proposed route changes to City, and to consider City's comments prior to making route changes. City and Athens Services will work together to adjust route starting points or other route issues to accommodate customer requests. •
7. Collection on Holidays
If the day of collection on any given route falls on a designated legal holiday or on any other legal holiday observed by the lawful Disposal Site, MRF and transfer station to which Solid Waste or Green Waste collected under this Agreement are taken, Athens Services shall provide collection service for such route on the next work day following such holiday and shall not provide collection service on such holiday. Designated legal holidays are: New Year's Day. Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
8. Collection Standards
All collections shall be made as quietly as reasonably possible under the circumstances and no unnecessary noise or commotion shall be made in the course of collection.
Athens Services shall place barrels, cartons and other Solid Waste containers, including Green Waste, at curbside after the contents have been collected.
9. Roll-off and Lowboy Bins
On the first collection day that occurs after the day on which a Customer's request is received by Athens Services, Athens Services shall deliver requested roll-off bins (including 17 30 yard and 40 yard bins) and lowboy bins (10 yard) to the Customer's residential or NonResidential Property. Each bin shall be marked to identify Athens Services and shall have a reflector not less than four (4) inches in diameter permanently affixed to each of the four corners of the two narrowest sides of the bin. Athens Services shall post all its roll-off and lowboy bins in the City with conspicuous warning notices to the effect that the disposal of Hazardous Waste in bins is dangerous and is prohibited. In the event the bin needs to be deposited on City property (ie. City street), Athens Services shall notify the City and the customer shall obtain from City the applicable Temporary Encroachment Permit or a Temporary Placement on Street Permit for the bin.
10. Bulky Waste
Athens Services shall collect Bulky Waste generated at a Customer's premises and left at Customer's point of collection on the Customer's regular collection day at no extra charge to the Customer. There shall be a limit of four (4) cubic yards of Bulky Waste that a Customer may have collected on any regular collection day but there shall be no limit on the number of regular collection days that Bulky Waste can be set out for collection. At the request of the City. Athens Services shall pick up bulky waste left in the City right of way or City property.
11. Special Waste
Athens Services shall not knowingly collect, transport or dispose of Special Waste (for list refer to EXHIBIT A).
12. Christmas Trees
Athens Services shall collect Christmas trees set out for collection. Christmas trees set ont for collection must be free of decorations and flocking and must have stands removed. Christmas tree collections shall begin on the first collection day after December 25th and shall continue for two weeks thereafter. Athens Services shall provide Christmas tree collections from City facilities and both single and multi-family Customers, whether refuse bin or can customers, at no additional charge to the City or Customer. Athens Services shall divert all trees collected from landrilling. with an exception for trees with decorations or flocking.
Athens Services shall publicize this service via its website and through billing messages.
13. Scout and Push-Out Service
If it is operationally required to use a smaller -scout" vehicle to transport a bin from its storage location to the point of collection. or if the customer requests that such a scout vehicle be used, then Athens Services may charge customer a scout fee in accordance with the approved rate schedule. Customers may not be charged for "push-out" services, if the bin is manually positioned for collection.
14. Locking Lid Fees
If a Customer requests that Athens Services provide a lock for its bin(s), Athens Services may charge Customers a monthly locking lid fee based on the number of pickups in 18 each month in accordance with the approved rate schedule (see Exhibit C). No one-time fees for the lock or set up may be assessed.
15. Abandoned Bulky Item Collection
Athens Services will collect, process and dispose of, at no additional charge, within one business day of notification from City or customer, or company observation, all Bulky Items left in the City's right-of-way, such as sidewalks, alleys, streets, and parkways.
16. Dedicated Routes
Solid waste collected in the City may not be commingled in collection vehicles with solid waste from other jurisdictions, unless the City approves in writing of the specific commingled routes and the tonnage allocation method to be used.
B. Materials Recovery Facility (MRE') Processing
All Solid Waste collected by Athens Services pursuant to this Agreement shall be processed through an Athens Services Materials Recovery Facility (the site currently used is located at 14048 Valley Boulevard. City of Industry. California) in order to maximize the diversion of Solid Waste from landfilling or disposal at a transformation facility sufficient to satisfy the City's AB939 requirements and all other applicable regulations currently in effect on the date of this Agreement. Athens Services shall assist Customers in complying with the Construction and Demolition Waste Management requirements of Glendora Municipal Code Chapter 6.09, including but not limited to providing Customers with invoices and/or other documentation evidencing the amount of construction and demolition waste diverted pursuant to Glendora Municipal Code Section 6.09.100.
C. Right to Impound
In the event an unauthorized provider of solid waste services sets out bins anywhere in the City, in violation of the exclusivity provision set forth in Section 2.A of this Agreement, the City shall delegate to Athens Services the authority to remove and impound such bins pursuant to the Municipal Code.
D. Minimum Diversion Requirement
Athens Services shall divert from landfills an amount necessary for the City to achieve the legally mandated minimum by the State of California; provided, however, that notwithstanding any other provision of this Agreement, Athens Services shall not be required to achieve a diversion rate in excess of 75% without an appropriate increase in rates to be agreed upon by Athens Services and City. Recycling of materials not collected by Athens Services is counted towards meeting this requirement. For the purposes of this section, diversion includes recycling, transformation and other forms of converting solid waste into energy to the extent that such diversion is accepted by the State toward meeting the City's diversion goal under AB 939.
However, if CalRecycle ceases to accept solid waste used as alternative daily cover at landfills as diversion, there will be no adjustment to compensation or the minimum Diversion rate due to this limitation.
19 E. Construction and Demolition Debris
Athens Services guarantees that each individual construction or demolition project that falls under Title 6, Chapter 6.09 of the Municipal Code meets the 50% City requirement per the Code. Athens Services will consult with construction and demolition debris Customers to assist in project diversion planning.
F. Missed Pickups
Athens Services shall make up any missed pickup the same day if notified prior to noon, and the next business day if notified after noon.
G. Disposal Facility
Subject to the provisions of Section B6, the disposal facilities approved for use under this agreement is the Mid Valley Landfill, Victorville Landfill and San Timoteo Landfill in the San Bernardino County Landfill System.
SECTION 5 — FEES FOR SERVICES
The rates for services to be performed pursuant to this Agreement are set forth in EXHIBIT C, which is attached and, by this reference, incorporated into this Agreement. The rates set forth in EXHIBIT C shall be adjusted as set forth in EXHIBIT D. which, too, is attached and, by this reference, incorporated into this Agreement.
Except as expressly authorized in this Agreement, Athens Services shall not make any charges to Customers served under this Agreement. The Basic Rates set forth in EXHIBIT C, as they may be adjusted from time to time, include the cost of any collection of Bulky Waste by Athens Services. The non-Basic Rates set forth in EXHIBIT C. as they may be adjusted from time to time, are for services not included within the Basic Rates.
A. Basic Rates
The Basic Rates for services to be performed pursuant to this Agreement are set forth in EXHIBIT C. which is attached and, by this reference, incorporated into this Agreement.
The Basic Rates set forth in EXHIBIT C shall be adjusted as set forth in EXHIBIT D. which, too, is attached and, by this reference, incorporated into this Agreement.
B. City Billing and Collection Responsibility
Other than as set forth in this Agreement or in the Municipal Code, the City shall have no responsibility for billing or collection of any of the Rates for any of the services performed by Athens Services pursuant to this Agreement.
C. Athens Billing and Collection Responsibility
Athens Services shall bill and collect all Rates for all services performed by Athens Services pursuant to the terms of this Agreement in the City limits for which the 20 Customer is required to pay for service pursuant to Chapter 6.08 (Solid Waste) of the Glendora Municipal Code pursuant to the rate schedule listed in Exhibit C. Athens Services shall remit to City the Franchise Fee and Environmental Administrative Fee billed and collected pursuant to the rate schedule listed in Exhibit C.
Applicable commercial accounts may be billed monthly on the first day of each month for that month's service, and residential accounts may be billed quarterly in advance.
Payment terms for accounts billed monthly by Athens Services are net thirty (30) days. Payment terms for accounts billed quarterly by Athens Services are net ninety (90) days. Customer payments not received upon completion of service are considered delinquent. Late fees at I1/2% per month will be assessed on all delinquent balances. If said delinquent payments are not received within thirty (30) days, Athens Services may stop services and refer the respective premise to the City for public nuisance enforcement pursuant to § 6.08.260. A notice/warning of a pending stop service will be prepared by Athens Services and delivered to the delinquent account owner and premise no less than seventy-two (72) hours prior to the service stoppage. If no payment by delinquent Customer is made to Athens Services within fifteen (15) days after referral to the City for code enforcement purposes, the account may be cancelled by Athens Services, the Customer's security deposit, if any. may be credited against the past due balance, and any remaining balance due Athens Services will be considered a bad debt and may be submitted by Athens Services to a collection agency.
Athens Services shall have the sole responsibility to collect at its expense from all Customers billed pursuant to this Agreement.
D. Franchise Fee
The City Council shall establish a Franchise Fee by Resolution to be effective at the commencement of the term of this Agreement and to run concurrently with any rate adjustment, pursuant to EXHIBIT C. The established Franchise Fee shall be paid by Athens Services to City within 30 days of collection of the Rates from the customers by Athens Services.
E. Environmental Administrative Fee
Athens Services shall pay to the City an Environmental Administrative Fee as set forth in EXHIBIT C. The Environmental Administrative Fee is associated with the cost of managing and responding to comprehensive waste stream collection and disposal including, without limitation. MS4 permits, third-party contract oversight, community awareness programs and Glendora Municipal Code enforcement.
SECTION 6— EFFECTIVE DATE AND TERM OF AGREEMENT
The term of this Agreement shall be for a period of ten (10) years, commencing September 1, 2014 and ending at midnight on August 31, 2024: provided. however, (i) both City and Athens Services may contract to extend the term of this Agreement at any time and (ii) no later than eight (8) years from the date hereof, City and Athens Services will meet to discuss extending the term of this Agreement, understanding that the parties have no obligation to enter into another agreement when the term of this Agreement terminates.
SECTION 7 — CITY CONSENT REQUIRED FOR TRANSFER OR CHANGE OF
CONTROL
A. Transfer
The Franchise granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "Transferred"), nor shall any of the rights, duties or privileges herein be transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Athens Services or by operation of law, without in each case the prior written consent of the City expressed in writing by resolution of the City Council.
The decision of the City Council shall be final. In the event of any unauthorized Transfer. City reserves the right to immediately terminate this Agreement.
B. Change in Control
Any change in control of Athens Services shall require the prior written consent of the City Council. "Change in control" shall mean any sale, transfer or acquisition of Athens Services. Any acquisition of more than fifty percent (50%) of Athens Services holding stock by a person or group of persons acting in concert who already own less than fifty percent (50%) of the voting stock shall be deemed a change in control: provided, however, no change of ownership shall be deemed to have occurred if the person who, or each person in the group of persons acting in concert that, acquires the stock is a lineal descendant or a whole blood sibling of Ron Aralcelian, Jr. or Michael Arakelian.
For purposes of this subsection. "lineal descendant" shall mean a child, grandchild or great-grandchild, whether by birth or by adoption. Any change in control of Athens Services occurring without City Council consent shall constitute a material breach of this Agreement.
C. Transfer Consent Process
Any request for a transfer of the obligations and rights under this Agreement or for a change in control of Athens Services shall be made in a manner prescribed by the City Council.
The written request shall include the Transfer fee, in an amount as set by the City Council, to cover all anticipated direct and indirect administrative costs including, but not limited to. City staff time. consultants and attorneys necessary to adequately analyze the application and transfer consent request. The Transfer fee shall not exceed fifteen thousand dollars ($15,000) which amount may be increased annually by the City on July 1st by the percentage by which the Consumer Price Index-All Urban Consumers-Los Angeles Metropolitan Area has increased during the period May through April over its level as of April 30th of the preceding year.
SECTION 8— MISCELLANEOUS PROVISIONS
A. Independent Contractor
It is expressly understood and agreed that at all times in the performance of this Agreement,'Athens Services shall be deemed to be an independent contractor, and all persons 79 employed by Athens Services in connection with this Agreement shall be employees of Athens Services, and not employees of City in any respect. All work hereunder shall be done and performed to the satisfaction of the City Manager of City who shall from time to time have the right, as circumstances require. to issue reasonable orders, directions and instructions to Athens Services, having for their purpose the attainment of the results herein sought to be accomplished; provided however, that the means whereby such results are to accomplished shall at all-time be under the control of Athens Services. It is further understood and agreed that neither Athens Services, nor any employee of Athens Services shall be deemed to be an agent or employee of City. Athens Services, its agents, servants and employees shall not hold themselves out to be the agents or employees of City in any manner whatsoever. Athens Services shall not use the firm name containing any words implying municipal ownership.
B. No Joint Association
Nothing contained in this Agreement shall be deemed, construed or represented by the City or Athens Services to any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Athens Services.
C. No Gratuities
Athens Services shall not, nor shall it permit any of its officers, employees, servants or agents to, request, solicit, demand or accept, either directly or indirectly, any additional compensation or gratuity for the collection of Solid Wastes, otherwise required to be collected under this Agreement beyond that provided for by this Agreement.
D. Anti-Discrimination Clause
In the performance of this Agreement, Athens Services shall not engage in discrimination in employment of persons because of the age, race, color, sex, marital status, national origin or ancestry. religion or physical handicap of such persons or for any other illegal reason.
F. Notices
Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows:
TO: City of Glendora
116 E. Foothill Boulevard
Glendora, CA 91741-3380
Attn: City Manager
TO: Athens Services
c/o Arakelian Enterprises, Inc.
P.O. Box 60009
23 Industry, CA 91716-0009
Attn: Chief Operating Officer
Either party may. from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered and received upon receipt by personal service or upon the second (2nd) day after deposit in the United States mail.
Any notice or other writing required to be given by, or to, the City pursuant to this Agreement shall be given by, or to, the City Manager, except as otherwise expressly provided in the Agreement.
F. Entire Agreement
This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto.
G. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary. it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared.
H. Waiver
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
I. Attorney's Fees
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof Severance Clause
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 24 Venue
This Agreement is made, entered into, and executed in Los Angeles County.
California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court that serves Los Angeles County.
L. Captions
The captions and headings of the various SECTIONs, subsections, paragraphs and subparagraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective SECTIONs and subsections hereof 25 410
Nelson Mayor
Attest: A eIN WITNESS WHEREOF. the parties have caused this Agreement to be duly executed. _ APPROVED AND ADOPTED this /3 day ot 2014.
ARAKELIAN ENTERPRISES. INC.
.
Y OF GLENDORA
By:
Attest:
in Arakelia President
A 1
Trelian. Secretary Kathlieen R.Sessman. City
Clerk
26 EXHIBIT A
SPECIAL WASTES
Flammable waste
Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) Waste transported in a bulk tanker
Liquid waste
Sewage sludge
Waste from a pollution control process
Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other Special Wastes
Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling. reclamation or disposal of any other Special Wastes
Waste water
Explosive substances
Radioactive materials
Materials which have been exposed to highly infectious or contagious disease, except for the Sharps Waste identified in Section 3.1-I
Hazardous Substances or Hazardous Waste, except for Household Hazardous Waste identified in Section 3.1 and 3.J
Medical Waste, except for Sharps Waste and Infections Waste identified in Section 3(H) 27 EXHIBIT B
GENERAL PROVISIONS
SECTION BI —SECURITY BOND
Concurrently with execution of this Agreement, Athens Services shall deliver to City a performance bond or cash bond in the sum of the amount of One Hundred Thousand Dollars ($100,000.00), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Council. The bond shall contain the original notarized signature of an authorized officer of the surety. The bond will be %Nil tt en on an annual basis, renewable by continuation certificate at the surety's sole option. Non-renewal of the bond by the surety. nor inability of Athens Services to replace the bond, will not in and of itself constitute a loss under the bond. Such bond shall be in the form of attached EXHIBIT G. naming the City as obligee. The condition of the bond shall be such that if Athens Services shall well and truly perform in accordance with the terms and conditions of this Contact, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Alternatively, Athens Services may provide an irrevocable letter of credit in the same amount, drawn upon a financial institution, in a form acceptable to the City attorney. The letter of credit shall be the sole responsibility of Athens Services, and shall be released within thirty (30) days after both (i) the expiration of the term of this Agreement, or upon the earlier termination hereof; and (ii) Athens Services' satisfactory performance of all obligations hereunder.
A combination of these instruments, totaling $100,000, is acceptable.
SECTION 82— INSURANCE
Athens Services shall procure and maintain during the entire term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Athens Services' performance hereunder or the actions or inactions of any of Athens Services' officers, agents, representatives, employees, or subcontractors in connection with Athens Services' performance.
The insurance requirements hereunder in no way limit Athens Services' various defense and indemnification obligations, or any other obligations as set forth herein.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01).
2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto."
28 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
B. Minimum Limits of Insurance.
Athens Services shall maintain in force for the term of this Agreement limits no less than:
Comprehensive General Liability: Ten Million Dollars ($10,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, personal injury and property damage.
2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
4. Pollution Legal Liability: Ten Million Dollars ($10,000.000) limit aggregate and Five Million Dollars ($5,000.000) limit per occurrence.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects City, its officials, employees and agents; or Athens Services shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain the following provisions:
I. General Liability and Automobile Liability Coverages (a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Athens Services; products and completed operations of Athens Services; Premises owned, leased or used by Athens Services; or vehicles owned, leased, hired or borrowed by Athens Services. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers.
(b) Athens Services' insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions. officials, 29 employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officials, elective and appointive boards. commissions, employees, agents or volunteers shall be excess of Athens Services' insurance and shall not contribute with it.
(e) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions. employees, agents or volunteers.
(d) Coverage shall state that Athens Services' insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Athens Services for City.
E. Acceptability of Insurers
The insurance policies required by this Section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A- or better.
F. Verification of Coverage
Athens Services shall furnish City with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete. certified copies of all required insurance policies, at any time.
30 G. Companies and Subcontractors
Athens Services shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates for each company and subcontractor. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein.
H. Delivery of Proof of Coverage
Simultaneously with the execution of this Agreement, Athens Services shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies. If City requests, copies of each policy shall also be promptly delivered to City.
Renewal certificates will be fiimished periodically to City to demonstrate maintenance of the required coverage throughout the term.
Other Insurance Requirements
1. In the event any services are delegated to another company or subcontractor.
Athens Services shall require such company or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the company's or subcontractor's employees engaged in the work in accordance with this SECTION B2. The liability insurance required by this SECTION B2 shall cover all Athens Services companies or subcontractors or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this SECTION B2.
2. Athens Services shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Athens Services from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third person against Athens Services or any Athens Services company or subcontractor on account of any occurrence related to this Agreement, Athens Services shall promptly report the facts in writing to the insurance carrier and to City.
3. If Athens Services fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Athens Services' expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Athens Services.
SECTION B3 — PUBLIC ACCESS TO ATHENS SERVICES
Athens Services shall maintain and publish a local telephone number and toll free number. Athens Services' regular office hours, at a minimum, shall be from 7:00 a.m. to 5:00 p.m. daily on all collection days that fall on a weekday. Monday through Friday. A designated representative of Athens Services shall be available via both telephone numbers and in person during regular office hours for communication with Customers. During all hours other than 31 regular office hours, Athens Services shall provide the means by which Customers can call the local telephone number and leave a message. Within 90 days after the effective date of this Agreement, Athens Services shall implement an automatic and web based public access system for Customers.
SECTION B4 — CUSTOMER COMPLAINTS
A. Service Complaints
All Customer complaints shall be directed to Athens Services. Athens Services shall record all complaints received by mail. internet. telephone or in person. Athens Services shall use its best efforts to resolve each complaint by close of business on the second collection day following the date on which such complaint is received.
Athens Services record of each complaint shall list the date the complaint was received, the means by which the complaint was communicated, the complainant's name, service address and mailing address, the nature of the complaint, and when and what action was taken by Athens Services to resolve the complaint. All such records shall be maintained for a period of twenty-four (24) months and shall be available for inspection by the City in accordance with SECTION B8.A below.
B. Notice to Customers of Complaint Procedures
Athens Services shall give notice of the provisions of this Section to current Customers annually during the first billing period immediately following July 1st and to new Customers at the time they apply for service. Each of Athens Services bills to Customers shall include Athens Services contact information, including contact information for complaints.
C. Complaint Resolution Procedures
A Customer dissatisfied with Athens Services' resolution of a complaint may ask the City to review the complaint. To obtain this review, the Customer must file a written request with the City Manager within 30 days after receipt of Athens Services written response to the complaint or 45 days after submitting the complaint to Athens Services, whichever date occurs first.
The City Manager shall determine if the complaint is justified, and if so, may order that Athens Services pay to the complainant an amount of money that does not exceed one hundred percent (100%) of the rate for the service complained of for the time period covered by the complaint or order Athens Services to provide the service at issue to the Customer.
SECTION B5 — PROTECTION OF CUSTOMER PRIVACY
Athens Services shall not market or distribute mailing lists with the names and addresses of Customers.
Information identifying individual Customer or the composition or contents of a Customer's Solid Waste may only be used by Athens Services in behalf of City in the preparation, participation or assistance in the preparation of any waste characterization study or 32 waste stream analysis which may he required or necessitated by Al) 939, state or Federal laws or regulations, or this Agreement.
SECTION 116— OWNERSHIP OF SOLID WASTES AND GREEN WASTE
Once Solid Wastes, are placed for collection at curbside, ownership and the right to possession shall transfer directly from the Customer to Athens Services, by operation of law, and not as the result of the Municipal Code or this Agreement. Athens Services shall have the right to retain, compost, dispose of or use Solid Wastes, which it collects in any lawful manner and for any lawful purpose desired by Athens Services and to retain any benefit or profit resulting therefrom.
Notwithstanding the preceding paragraph, or any other provision of this Agreement, Athens Services shall utilize the most cost-effective landfill Disposal Site, Green Waste facility or market for Recyclable Solid Waste. In the determination of "cost-effectiveness", transportation costs will be included in the calculation and analysis.
The City, notwithstanding the previous ownership paragraph, shall have the right to review and approve of all destinations for solid waste as provided for in this Agreement including the most cost effective landfill Disposal Site including transportation costs, Green Waste or compost site or recyclables market. Solid Wastes and Green Waste which are disposed of at a disposal site shall become the property of the owner or operator of the disposal site once deposited there by Athens Services.
SECTION 117— RECORDS, REPORTS AND INFORMATION REQUIREMENTS A. General
Athens Services shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Athens Services agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations currently in effect on the date of this Agreement and to meet the related reporting and Solid Waste program management needs of City. To this extent, such requirements set out in this and other sections of this Agreement shall not be considered limiting or necessarily complete. In particular. this section is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Athens Services in accordance with this and other sections of the Agreement shall be adjusted in number, format, or frequency.
B. Records General
Athens Services shall maintain records required to conduct its operations, to support requests it may make to City. and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained 33 data/records shall be protected and backed up. All records shall be maintained for five (5) years after the expiration of this Agreement.
Athens Services agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official representatives during normal business hours. City may review or utilize any of the records described in this section for any purpose whatsoever. Such records include, but are not limited to financial, solid waste. CERCLA and disposal records.
C. Financial Records
Athens Services shall maintain financial records relating to its operations pursuant to this Agreement separate and segregated from such records relating to its other operations.
Athens Services shall maintain at least the following records:
Audited financial statements for the Athens Services as a whole: and
2. Statements of revenue and expense, reviewed by auditors, for this Agreement segregated from the other operations of Athens Services (Including without limitation those operations of Athens Services in City and surrounding jurisdictions which are not covered by this Agreement). including a description of segregation methodology.
D. Solid Waste Records
Athens Services shall maintain the following records relating to its operations pursuant to this Agreement:
I. Customer services and billing records;
2. Records of tons collected, processed, diverted and disposed by waste stream (Refuse. Recycling. Green Waste), and the facility used for such tonnages (transfer station. MRF. transformation facility or landfill): and
3. Quantity of Recyclable Materials recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939. and all other applicable state and Federal laws and regulations.
E. CERCLA Defense Records
City views the ability to defend against the Comprehensive Environmental Response.
Compensation and Liability Act (CERCLA) and related litigation as a matter of 'Neat importance. For this reason, the City regards the ability to prove where Solid Waste collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern.
Athens Services shall maintain data retention and preservation systems which can establish where Solid Waste collected in the City was landfilled (and therefore establish where it was not landfilled) for not less than fifty (50) years following the termination of this Agreement, and 34 agrees to notify City Manager before destroying such records thereafter. At any time, including after the expiration of the term hereof, Athens Services shall provide copies of such records to City. The requirements of this Section shall survive the expiration of the term of this Agreement.
F. Disposal Records
Athens Services shall maintain records of disposal of all Solid Waste collected in City for the period of this Agreement and all extensions to this Agreement or successor Agreements. In the event Athens Services discontinues providing Solid Waste handling services to City, Athens Services shall provide all records of disposal or processing of all Solid Waste collected in City within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted.
G. Monthly Reports
The information listed below shall be the minimum reported on a monthly basis. The reports shall be delivered to the City bY the 15 thday of each month for the prior month:
I. Solid Waste collected by Athens Services for the prior month, sorted by type of Solid Waste (Refuse. Recycling Solid Waste, Green Waste) in tons collected and disposed, and the facilities where the tons were processed or disposed.
2. Warning notices issued for contaminated Green Waste containers or notices issued for non-collection during the prior month as well as notices pursuant to Section 4A.4 of the Agreement.
3. Gross receipts received during the prior month by Customer category and calculation of franchise fees due.
4. Summary of customer complaints regarding the services described in Section 3 of the Agreement received by Athens Services during the prior month.
5. Graffiti removal performed, including, if requested by the City, photographs of the graffiti, its location, and other information reasonably required by the City of Glendora Police Department.
H. Annual Reports
The Annual Reports to be delivered to the City by February 15 thof each year for the prior year is to be essentially in the form and content of the monthly reports, but shall also include:
I. Report of HI-IW pickups performed during the prior year, including tonnage information, number of pickups, and materials collected as applicable.
2. Quantity of sharps containers delivered during the prior year.
3. Summary of compost and worm bin sales and receipts during the prior year. 35 4. Number of e-waste pick—ups during the prior year.
5. Solid Waste Data. A listing of the tonnage from all collection services by Athens Services for the preceding year as mandated by the State of California. All tonnage data should be compared to the corresponding tonnage data from the prior year.
6. Recycling Data. The number of gross tons of Recyclable Material and Recyclable Solid Waste collected during the prior year by material type including recyclable materials collected as part of Bulky Waste as mandated by the State of California.
Indicate by material type (and grade where appropriate), annual total of Recyclable Material and Recyclable Solid Waste processed. Indicate annual total and location for Residue disposed. All tonnage data should be compared to the corresponding tonnage data from the prior year period.
7. Green Waste Data. The number of gross tons of Green Waste collected for the preceding year. All tonnage data should be compared to the corresponding tonnage data from the prior year period.
8. Operational Problems and Actions Taken. Indicate instances of property damage or injury caused by Athens Services and poaching or scavenging that becomes known by Athens Services. Include description of Green Waste or Recyclable Material and Recyclable Solid Waste loads rejected, the reason for rejection and the disposition of the load after rejection.
Annual Reports. The annual report to the City shall include the data from all monthly reports during the prior year summarized by month and averaged for the year. All annual reports shall include a historical comparison of the preceding year and the average of all years during the Agreement term.
I. Financial Report
The City may, at City's option, review Athens Services' financial reports/statements relating to the City of Glendora for the most recently completed fiscal year in connection with an extraordinary rate adjustment request. billing audit, Franchise Fee audit, or verification of other information required under this Agreement. Prior to permitting the City to review such financial information, Athens Services may require City to execute a reasonable confidentiality agreement. Any review of such financial reports/statements shall take place only during regular business hours and only at Athens Services' regular place of business with forty-eight (48) hours' notice. City shall not be permitted to remove copies of such financial reports/statements from Athens Services' regular place of business.
Financial statements shall include a supplemental combining schedule prepared on a compiled basis showing Athens Services' results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and audited, in 36 accordance with Generally Accepted Auditing Standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and supplemental combining schedule shall be borne by Athens Services as a direct cost of service.
J. Adverse Information
Athens Services shall provide City copies of all material reports, pleadings, applications. notifications, Notices of Violation, communications or other documents relating to Athens Services' performance of services pursuant to this Agreement, submitted by Athens Services to, or received by Athens Services from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court.
Copies shall be submitted to City within 30 days of receipt by Athens Services, or sooner if reasonably apparent that to do so is materially relevant, and any responses by Athens Services shall be submitted to City simultaneously with Athens Services filing or submission of such matters with said agencies. Athens Services' routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request.
Any information contained in a writing which Athens Services seeks to be excluded from provisions of the California Public Records Act, Government Code Section 6250 et seq., shall be clearly identified as such by Athens Services with the basis for such exclusion clearly specified thereon. In the event City receives a request under the Public Records Act or by subpoena. City shall be under no obligation to withhold the requested or subpoenaed information: however, City shall notify Athens Services to permit Athens Services to object, at its sole cost, to the release of the information requested or subpoenaed.
K. Additional Reports. Documents and Information
Athens Services shall deliver to City reports, documents and information that are not otherwise required under this or any other section of the Agreement, in such forms and at such times, as the City Manager may in writing reasonably request or require. provided, however, if such reports, documents or information are not prepared by Athens Services in the ordinary course of business or to satisfy the City's reporting requirements pursuant to AB 939 as in effect on the date of this Agreement, the City shall reimburse Athens Services for the reasonable cost of preparing such reports, documents or information.
L. Costs
Except as provided in subsection B7.K above or elsewhere in this Agreement, all reports, documents and information required under this SECTION B7 shall be furnished to City at the sole expense of Athens Services.
37 SECTION B8 — INSPECTION AND REVIEW OF RECORDS AND BOOKS A. Right to Inspect Records
City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Athens Services or its Affiliates that City deems necessary to evaluate annual reports and Athens Services' performance provided for in this Agreement and all source documentation to support tonnage financial and service data on reports or otherwise provided to City. Athens Services shall make all records and documents to be reviewed and inspected by the City as a part of any audit or other record review conducted by the City, available for the City's inspection during regular business hours at Athens Services' regular place of business within twenty-four (24) hours' notice.
B. Review of Books
At the written request of the City Manager, for purposes of verifying that the fees and/or revenues authorized under this Agreement have been accurately calculated/assessed, any Annual Report submitted by Athens Services pursuant to SECTION B7.H above, or at the written request of Athens Services, any Solid Waste payment calculations submitted by City pursuant to SECTION 5.0 of the Agreement during the twelve (12) months prior to the request, shall be reviewed, at the expense of the party making the request, by an independent certified public accounting firm mutually agreed upon by the City Manager and Athens Services. If the City Manager and Athens Services fail to mutually agree upon the selection of a certified public accounting firm within forty-five (45) days after the written request is given, the requesting party shall notify the other party in writing of the names of three (3) certified public accounting firm from which said other party shall select one and shall notify the requesting party of its selection not later than fifteen (15) days after receipt of the three names. All records pertaining to the Annual Report or Solid Waste payment calculations shall be made available to the certified public accounting firm at the regular place of business of the party that generated the records, but in no event outside the County of Los Angeles. Should the review reveal an underpayment of two percent (2%) or more of any fee or revenue required by this Agreement, the requesting party shall be reimbursed by the other party for all out of pocket expenses incurred by the requesting party in the performance of the review within twenty (20) days after receipt of a written invoice from the requesting party.
C. Underpayment
Should any review pursuant to SECTION B8•B, above, reveal any underpayment of any fee or revenue required by this Agreement, the amount of such underpayment shall be paid to the underpaid party not later than ten (10) days after written notice thereof is delivered to the other party from the underpaid party together with interest at the rate of ten percent (10%) per annum on the underpayment, with the interest accruing from the date the fee or revenue was first due and owing pursuant to this Agreement.
38 D. Overpayment
Should any review pursuant to SECTION B8.B, above, reveal any overpayment of any fee or revenue required by this Agreement, the amount of such overpayment shall be reimbursed to the party that made the overpayment not later than ten 00) days after written notice thereof is delivered to the other party from the party that made the overpayment. The amount of the overpayment shall be reimbursed without interest.
E. Failure to Report
The refusal or failure of Athens Services to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Athens Services in such report shall be deemed an event of default as described in SECTION B14 and shall subject Athens Services to all remedies which are available to the City under the Agreement or otherwise.
SECTION B9 — AB 939
A. SRRE Implementation
Athens Services shall implement and monitor AB 939 requirements related to the services it performs under this Agreement throughout the term of the Agreement, in accordance with the integrated waste management programs identified in the City's SRRE.
SECTION B10 — SERVICE REVIEW
To provide for technological advances and regulatory changes in the collection and disposal of Solid Wastes and the recycling of Recyclable Solid Wastes, Athens Services shall deliver a report to City, within sixty (60) days after receiving a written request from the City Manager, which requests shall be made at least twelve (12) months apart, that includes the following information:
(1) A summary of Solid Waste and recycling services, reported in Solid Waste collection and recycling industry trade journals monitored by Athens Services, that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations that Athens Services is not regularly providing under this Agreement together v.ith any specific plans for provision of such new services by Athens Services, or a justification indicating why Athens Services believes that such services cannot be feasibly provided in either or both service areas.
(2) All laws and regulations that pertain to the Solid Waste and recycling services provided under this Agreement that have been enacted since the last service review requested by the City Manager, an assessment as to whether said services and their method of performance under this Agreement are in compliance with said laws and regulations and, as necessary, recommendations for bringing about such compliance.
19 Not later than sixty (60) days after receiving the report from Athens Services, and at such other times as the City deems appropriate, the City Manager shall notify Athens Services in writing of any Solid Waste and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Athens Services to provide such services within a reasonable time, at reasonable rates and for reasonable compensation negotiated in good faith by the parties. The rate for any such service shall have a service fee component and, if the service involves the disposal of Solid Waste, a tipping fee component. The tipping fee component shall be based upon the most cost-effective Disposal Site, which shall be determined by the MRF Gate Fee, as that term is defined in this Agreement and hauling costs.
SECTION BI I — INDEMNIFICATION
A. Indemnification of City
Athens Services hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting directly from (1) in whole or in part by any negligent act, willful misconduct or omission of Athens Services, its officers, employees, and companies in performing services under this Agreement; and (2) the failure of Athens Services, its officers, employees, and companies to comply (after notice and an opportunity to cure) in all material respects with the provisions of this Agreement and applicable laws currently in effect on the date of this Agreement (including, without limitation, environmental laws). Athens Services further agrees to and shall, upon demand of City, at Athens Services' sole cost and expense. defend (with attorneys reasonably acceptable to City) Indemnified Parties against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all reasonable costs and expenses City incurs in providing any such defense before the time Athens Services elects to provide such defense. City shall not be entitled to any reimbursement after Athens Services assumes such defense.
B. Indemnification of Athens Services
City shall indemnify and defend. with counsel reasonably acceptable to Athens Services, Athens Services and its officers, employees, servants and agents from and against any and all costs, expenses, losses, liabilities, judgments, fines, penalties, claims, causes of action and administrative proceedings for bodily injury or death to any person whomsoever and damage to any property whatsoever arising out of, or resulting in any way from, the gross negligence or willful acts of City or any of its officers, employees, servants or agents. 40 C. Hazardous Substances Indemnification
I. Athens Services specifically agrees to and shall, to the maximum extent permitted by law. defend (with counsel reasonably acceptable to City) reimburse. indemnify, and hold Indemnified Parties harmless from and against any and all claims, actions, liabilities, damages. demands, judgments. losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise directly out of any grossly negligent or willful act of Athens Services that results in the improper disposal of any Hazardous Contaminant (as defined herein).
2. Athens Services' obligations pursuant to this Section shall apply, without limitation, to:
a. any Claims brought pursuant to or based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision;
b. any Claims based on or arising out of the ownership, use, lease, sale, design, construction, maintenance or operation by Athens Services of any facility; and
c. any Claims based on or arising out of the marketing, sale, distribution, storage, transportation, disposal. processing or use of any materials recovered by Athens Services.
3. For purposes of this Section. the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(1); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(0. 25501(e). 25501.1 and under Title 42.
Section 9601(14) of the United States Code: any "hazardous waste," as that term is defined under Title 42, Section 6093(5) of the United States Code and under California Health & Safety Code Section 25550(m); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material.
D. AB 939 Indemnification and Guarantee
41 Athens Services agrees to and shall defend and hold the City harmless from any fines levied by any applicable agency. including but not limited to the California Department of Resources, Recycling and Recovery (CalRecycle), for the City's failure to meet the landfill diversion requirements of AB939. Athens Services agrees this indemnification guarantee is for the entire waste stream for which the City is held accountable by CalRecycle, and not just the portion of the waste stream that is in fact processed by Athens Services. In the event CalRecycle provides an administrative process to challenge the imposition of a compliance order or a fine, Athens Services shall be responsible for engaging consultants and/or lawyers to represent the City. Athens Services shall also be responsible for the retention of and payment to any consultants engaged to perform waste diversion studies. Any funds expended by Athens Services for consultants, lawyers, reports, fines, pursuant to this diversion guarantee shall not be passed on tc; City or customers.
SECTION B12 —CITY'S RIGHTS TO PERFORM DURING EMERGENCY
Should Athens Services, for any reason whatsoever, including a reason set forth in SECTION B13 below, fail to perform any of the services it is obligated to perform under this Agreement for a period of more than five (5) days and Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right during said period of emergency to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Athens Services is obligated to collect and transport pursuant to this Agreement, but which Athens Services is unable to collect and transport. City shall provide twenty-four (24) hours prior written notice to Athens Services during the period of such emergency, before contracting with another solid waste enterprise or other provider of the other services required in this Agreement, to collect and transport any or all Solid Waste which Athens Services would otherwise collect and transport pursuant to this Agreement, and the other services provided in this Agreement, for the duration of the inability of Athens Services to provide such services. In such event Athens Services shall identify sources from which such substitute solid waste services and other services provided in this Agreement are immediately available, and shall reimburse City for all of its expenses for such substitute services.
The City Manager may assess from the cash security required by SECTION 131 above all direct and indirect costs incurred by the City in the collection, transportation and disposal of Solid Wastes, including Recyclable Solid Wastes pursuant to this SECTION 1312. During the period of the emergency. Athens Services shall not be entitled to its regular compensation under this Agreement.
SECTION BI3 — FORCE MAJEURE
Athens Services shall be excused from performing its obligations pursuant to this Agreement in the event it is prevented from performance by reason of flood, earthquake. other "act of god", fire, civil insurrection, riot, war or enemy action or invasion, malicious mischief or sabotage, act of any governmental entity or court, or other similar event which is beyond the control of, and not the fault of, Athens Services Labor unrest, including but not limited to, strike, work stoppage or slow down, sick out, picketing or other concerted job action conducted 42 by Athens Services employees or directed at Athens Services, for more than live (5) days is not an excuse from performance, and Athens Services shall be obligated to continue to provide service notwithstanding the occurrence of such labor unrest. In the event of labor unrest directed at a third party over whom Athens Services has no control, the inability of Athens Services to make collections due to the unwillingness or failure of the third party to provide reasonable assurances of the safety of Athens Services' employees while making collections or to make reasonable accommodations with respect to receptacle placement and point of delivery, time of collection or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary lc; make collections shall, to that limited extent, excuse performance, provided that said excuse is conditioned on Athens Services' cooperation in making collections at different times and in different locations.
Athens Services shall give the City notice of the facts constituting any cause listed in this SECTION B13 and of its claim to excuse under this SECTION B13 within 48 hours after Athens Services has notice of such cause. In the event that Athens Services validly exercises its rights under this SECTION B13 the City hereby waives any claim against Athens Services for any damages sustained thereby.
SECTION B14— DEFAULT AND REMEDIES
A. Breach Subject to Cure
If the City Manager determines that Athens Services is in breach of any material provision of this Agreement, he shall so notify Athens Services in writing, and the notice shall include a reasonable time within which Athens Services may cure the breach. A reasonable time shall be at least fourteen (14) days from receipt by Athens Services of such written notice. The City Manager shall review Athens Services' actions in response to such notice and shall notify Athens Services in writing of his determination as to whether the breach has been cured within the specified time.
Either determination of the City Manager may be appealed by Athens Services to the City Council. The appeal shall identify the grounds for the appeal and shall be filed with the City Clerk within five (5) days after receipt by Athens Services of the written determination from the City Manager. The appeal shall be heard by the City Council within thirty (30) days after it is Filed. The City Clerk shall give Athens Services, and any other person requesting the same. ten (10) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager regarding the appeal and shall give Athens Services, or its representatives, and any other interested persons, a reasonable opportunity to be heard. At the conclusion of the hearing. the City Council, in its sole and complete discretion, shall act to affirm. modify or reverse the determination of the City Manager. Athens Services' performance under the Agreement shall not be excused during the period of time prior to the action of the City Council.
B. Events of Default
Each of the following shall constitute an event of default ("event of default") hereunder:
43 ( I) Athens Services has practiced, or has attempted to practice, any fraud or deceit upon City, as found by a court of competent jurisdiction. (2) Athens Services becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Athens Services in a bankruptcy proceeding.
(3) Athens Services willfully violates any order or ruling of any regulatory agency having jurisdiction over Athens Services relative to the Agreement, provided that if Athens Services contests any such order or ruling by appropriate proceedings conducted in good faith, no breach of the Agreement shall be deemed to have occurred until a finding by the regulatory agency of a willful violation becomes final.
(4) Athens Services, for any reason whatsoever, except a reason set forth in SECTION B13 above, fails to provide collection service as required under this Agreement to any portion of either service area for a period of more than three (3) days.
(5) Athens Services fails to cure the breach of any material provision of this Agreement within the time set in a written notice given pursuant to subsection A above or, if Athens Services cannot reasonably cure the breach within the time set forth in such notice, Athens Services fails to commence to cure such breach within the time set forth in such notice and thereafter diligently prosecute the cure to completion.
C. Right to Terminate or Impose Liquidated Damages Upon Default Upon an event of default by Athens Services, after any required notice and any required cure period, the City Council shall have the right to terminate this Agreement and/or assess liquidated damages as provided in SECTION 815 below, without the need for any hearing, suit or legal action. The City shall provide Athens Services with written notice of the termination and/or assessment.
SECTION BI5 — LIOUIDATED DAMAGES
The parties acknowledge that consistent, reliable Solid Waste handling service is of utmost importance to City and that City has considered and relied on Athens Services' representations as to its quality of service commitment in entering this Agreement with it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Athens Services fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under SECTION B14, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for 44 City
Initial Here
such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.
Athens Services
Initial Here
Athens Services agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below:
1. Collection Reliability
a) For each failure to commenCe service to a new Customer account within seven (7) days after order: $50.00
b) For each failure to collect Solid Waste from any established Customer account on the scheduled collection day and not collected within the period described in Section 4.F of this Agreement: $50.00
c) For each failure to collect Solid Waste. which has been properly set out for collection, from the same Customer on two (2) consecutive scheduled pickup days(whether or not pickup is later remedied per Section 4.F):
$150.00
2. Collection Quality
a) For each occurrence of failure to properly return empty containers to avoid pedestrian or vehicular traffic impediments or to place cans upright with lids secured: $25.00
b) For each occurrence of collecting Solid Waste during unauthorized hours:
$150.00
c) For each occurrence of damage to private property: $150.00 d) For each failure to clean up Solid Waste spilled from Solid Waste containers within 90 minutes:
5150.00
45 3. Customer Responsiveness
a) For each failure to initially respond to a Customer complaint within one ( I ) business day, and for each additional day in which the complaint is not addressed:
$250.00
b) For each failure to process Customer complaints to City as required by SECTION B4: $150.00
c) For each failure to can-y out responsibilities for establishing service to an individual resident: $150.00
d) For each failure to notify City within 24 hours from the time Athens Services has remedied a complaint forwarded by City:
$10.00
e) For each failure to remove graffiti from containers, or to replace with containers bearing no graffiti, within two business days of request from City or Customers:
$25.00 per day
For each failure to process a claim for damages within thirty (30) days from the date submitted to Athens Services:
$50.00
g) For each failure to remove graffiti within twenty-four (24) hours of notice from the City received by Athens Services on Monday through Saturday or within forty-eight (48) hours of notice from the City received by Athens Services on Sunday: $50.00
4. Timeliness of Submissions to City
Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be:
a) Monthly Reports: $100 per day
b) Annual Reports: $350 per day
City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints.
Prior to assessing liquidated damages, City shall give Athens Services notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance.
Athens Services may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Athens Services may, within ten (10) days after receiving the notice, request a meeting with City. Athens Services may present 46 evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Athens Services with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final.
City may assess liquidated damages for each calendar day or event, as appropriate, that Athens Services is determined to be liable in accordance with this Agreement.
Athens Services shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten ( 10) day period, City may proceed against the performance bond required by the Agreement or find Athens Services in default and terminate this Agreement pursuant to SECTION B14, or both.
SECTION B16 — CITY'S ADDITIONAL REMEDIES
In addition to the remedies set forth in SECTION B14 above. City shall have the following rights:
(a) To license, or contract with, others to perform the services otherwise to be performed by Athens Services under this Agreement, or to perform such services itself
(b) To obtain damages at law and/or injunctive relief in equity. Both parties recognize and agree that in the event of a breach of any material provision of this Agreement by Athens Services, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of the Agreement and to enjoin the breach thereof'.
SECTION B17 — NO BUSINESS LICENSE REQUIRED
Notwithstanding any other provision of this Agreement or any provision of the Glendora Municipal Code to the contrary, Athens Services shall not be required to possess any business license issued by the City, nor shall it be required to pay any license tax collected by the City, in order to perform the services required by this Agreement.
SECTION B18— PROPOSITION 218 AND PROPOSITION 26 NOT APPLICABLE The Parties agree that the rates to be charged by Athens Services to Customers are set by Athens Services as a private contractor in the market place. The City's role with respect to rate setting is to establish rate ceilings for the protection of Customers given the exclusive status afforded Athens Services by this Agreement and given the nature of the services it is to provide.
Accordingly, the Parties agree that this Agreement shall be construed to maintain the status of the rates Athens Services chooses to charge its Customers as privately-established rates and not as property-related fees within the scope of Article XIII D of the California Constitution or taxes within the scope of Articles XIII A and XIII C and XIII C Section 1 subd. e of the California Constitution.
47 EXHIBIT C
RATE AND FEE SCHEDULE
EFFECTIVE SEPTEMBER 1, 2014
I. Residential Properties
A. Basic Rates
Single dwelling unit
Duplex
Triplex
Per apartment
Apartment scout
Residential curb scout
Residential yard scout
Bin 1.5 yard IX
Net Rate City Fees Total Rate
24.90 2.65 27.55
48.92 5.20 54.12
73.00 7.76 80.76
16.36 1.73 18.09
25.06 2.66 27.72
46.16 4.91 51.07
55.70 5.91 61.61
112.60 11.96 124.56
48 15.66
24.92 55.01
15.23 24.52
18.94 31.46
39.50 Bin 3 yard IX
Bin 3 yard 2X
Bin 3 yard 6X
Scout bin 1.5 yard IX
Scout bin 15 yard 2.X
Scout bin 3 yard IX
Seoul bin 3 yard 2X
Scout bin 3 yard 3X
B. Non-Basic Rates
Bin apartment rental
Scout bin apartment rental
Curb manure
147.46
234.68
518.05
143.36
230.88
178.27
296.22
371.91
40.48 68.18
19.92 163.12
259.60
573.06
158.59
255.40
197.24
327.68
411.41
44.78 75.42
22.03 4.30
7.24 2.11
II. Non-Residential properties
A. Basic Rates
Bin 1.5 yard IX
Bin 1.5 yard 2X
Bin I.Syard3X
Bin 1.5 yard 4X
Bin 1.5 yard 5X
Bin 1.5 yard 6X
Sin 3 yard IX
Bin 3 yard 2X
Bin 3 yard 3X
Bin 3 yard 4X
Bin 3 yard 5X
Bin 3 yard 6X
Scout bin 1.5 yard IX
111.73
174.56
226.90
276.72
322.30
377.27
146.65
233.82
317.55
397.82
471.13
554.84
142.51
11.86 18.54
24.10 29.39
34.23 40.07
15.57 24.83
33.73 42.25
50.04 58.92
15.14 123.59
193.10
251.00
306.11
356.53
417.34
162.22
258.65
351.28
440.07
521.17
613.76
157.65
49 18.84
31.37 41.92
68.40 3.95
6.28 8.53
10.68 12.64
14.61 14.71
5.26 2.66
2.92 10.62
10.09 5.95
5.95 5.84
9.56 1.27
19.65 10.62
2.12 2.12
6.80 Scout bin 3 yard IX
Scout bin 3 yard 2X
Scout bin
B. Non-Basic Rates
Roll off
CC 1 can
CC 2 can
CC 3 can
CC4 can
CC 5 can
CC 6 can
3 Yd Temp
X-dumps
Plastic Liners
Bin Lock Lids
Storage Box Delivery
Stand By
Bin Wash Out
Bin Go Back
Relocate Roll-off
Roll-off Dead Run
Demurrage / Day
Compactor Wash Out
Storage Box
Residential Go Back
177.39
295.36
394.76
644.13
37.14 59.12
80.31 100.55
119.03
137.59
138.57
49.54 25.00
27.50 100.00
95.00 56.00
56.00 55.00
90.00 12.00
185.00
100.00
20.00 196.23
326.73
436.68
712.53
41.09 65.40
88.84 111.23
131.67
152.20
153.28
54.80 27.66
30.42 110.62
105.09
61.95 61.95
60.84 99.56
13.27 204.65
110.62
22.12 22.12
70.80 Residential Go Back Dead Run 20.00
Bin Exchange 64.00
50 Bin Exchange with Metal Lids 75.00 7.97 82.97
Transportation Services 110.00 11.68 121.68
III. Other Rate Provisions
A. Commencing September 1,2014, and continuing through August 31. 2024, the ratepayers for the Residential Properties Basic Rate for single dwelling units shall receive an annual $10.75 credit from Athens Services, credited to the customers in quarterly installments and reflected in the customer's quarterly invoice.
B. Commencing September 1,2014, and continuing until August 31, 2019, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $28,755.00.
C. Commencing September 1,2019, and continuing until August 31, 2024, Athens Services shall pay to the City a monthly Environmental Administrative Fee in the amount of $47,655.00.
D. Commencing July I. 2015, and continuing through August 31, 2024, subject to City Council approval, the Franchise Fee, which is passed through to Customers, shall be established at eleven percent ( I I%) of the net rates charged by Athens Services.
E. The hourly rate for driver and collection vehicle to assist in emergencies shall be $125, plus actual processing and disposal costs.
5 I
EXHIBIT D
RATE ADJUSTMEN'I'
SECTION D1 — ANNUAL MAXIMUM RATE ADJUSTMENTS
Section D1.1 Adjustment Request
Athens Services may request an adjustment to the maximum permitted rates annually, to be effective each July I. Athens Services shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March I. The request shall be based on the method of adjustment described in this Section DI of Exhibit D. Failure to submit a written request by March 1 shall result in Athens Services waiving the right to request such an increase for that year.
Annual adjustment to the maximum rates calculated in accordance with this Section DI is subject to the approval of the City Council.
Section D1.2 Cost Components
The approved Athens Services compensation consists of the following cost components, each adjusted by the change in the corresponding rate adjustment factor.
Rate Adjustment Factors and Initial Weightings
Cost Component Initial Weighting Rate Adjustment Factor Landfill Disposal
All Other
13% Actual per ton gate rate charged to Athens
Services by the landfill
87% Consumer Price Index for Los AngelesRiverside-Orange County, CA, All items. Not Seasonally Adjusted, CUUSA421SAO ("CPI")
Total 100%
Section D1.3 Rate Adjustment Steps
All rates will be adjusted using the cost component weightings identified above. 52 Step One — Calculate the percentage increase or decrease in each rate adjustment factor listed in Section D1.2 as follows:
Landfill Disposal Change - Measured as the change in the landfill gate rate to be charged on the effective date of the rate adjustment as compared to the gate rate charged the previous July I. As long as Athens uses the San Bernardino County landfill system to dispose of the City olGlendora's waste, the landfill gate rate shall be the contract rate paid by Athens for the use of the San Bernardino County landfills.
All Other Change - The change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve (12) months before that date (May through April) for All Urban Consumers in the Los Angeles/Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published. The percentage change in the rates per the CPI adjustment effective only for July I. 2015 shall be calculated as determined by the percentage change, increase or decrease, in the CPI for the preceding twenty four month period (May through April) less one and 34/100% (1.34%). In the event the CPI for the 24 month period (May through April) preceding July 1, 2015 is less than 1.34%, the difference in the CPI and
1.34% shall be deducted from the CPI adjustment for July 1,2016. (For example: If the CPI for the 24 month period (May through April) preceding July 1 , 2015 is 1.0%, the rate adjustment effective July 1.2015 is calculated as 1.0% - 1.34% = -0.34%. There is no rate adjustment. increase or decrease effective July 1, 2015, and the rates shall remain the same. If the CPI for the 12 month period (May through April) preceding July 1,2016 is 2.0%, the rate adjustment effective July 1,2016 is calculated as 2% - 0.34% = 1.66%. An additional example: If the CPI for the 24 month period (May through April) preceding July 1,2015 is 3.0%, the rate adjustment effective July I. 2015 is calculated as 3.0% - 1.34% = 1.66%). After July 1, 2015, the change in CPI shall be measured as the annual average indices for the twelve (12) months ended the July preceding the effective date of the rate adjustment verses the annual average indices for the twelve months ended the July twelve (12) months before that date (May through April) for All Urban Consumers in the Los Angeles/Anaheim/Riverside area, or an equivalent index approved by mutual agreement in the event the CPI as described above is no longer published.
Step Two — The cost component weightings as a percentage of total costs for the first rate adjustment are provided in Section D1.2 above, with cost component weightings for subsequent years calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment.
Multiply the percentage changes for each rate adjustment component by that component's weighting and add these resulting percentages together to get the total weighted change to the rates.
Step Three — Multiply the total weighted percent change from Step Two by the existing rates to calculate the increase or decrease to the maximum rates. Add the rate increase or decrease to the existing rates to derive the newly adjusted rates. 53 Step Four - Recalculate weightings for the following year based upon these changes.
Section D1.4 Example Rate Adjustment Calculation
Step One: Calculate percentage change In indices
A B C
Row Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index ((Column B/
Column A) - 1)
1 Landfill Disposal : (1) $ 28.86 $ 29.44 2.01%
All Other (2) 236.648 240.001 1.42%
Step Two: Determine components
t> r
Row Adjustment Factor Index
Cost Component
Weighting (3)
Percent Change in
index (from Column
Cl
Total Weighted
Change (Columns D x
El
Landfill Disposal (1) 13.03% 2.01% 0.26%
All Other (2) 87.03% 1.42% 1.24%
5 Total 100.00% 1.50%
Step Three: Apply percentage change to all rates (example rates shown below) G H i 1
Example Rate
Categories
Current Customer
Rate
Total Weighted
Percentage Change
(from Column Fl
Rate Increase or
Decrease
(Column G x Column
Adjusted Rate
(Column G +Column
I)
6 Single Dwelling Units $ 24.90 1.50% $ 0.37 5 25.27
7 Res. Bin 1.5 yd. b week 5 11160 1.50% 5 1.69 5 114.29 8 Corn. Bin 1.5 yd. Ix week 5 111.73 1.50% 5 1.68 5 113.41 9 Scout Bin 1_5 yd. Ix week 5 14251 1.50% $ 2.14 $ 144.65 10 Com. 1 Can 5 37.14 1.50% 5 0.56 5 37.70
11 Locking Lid 5 12.03 1.50% $ 0.18 $ 12.18
12 Roll-Off Box $ 64443 1.50% $ 9.67 $ 654.10
13 3 yd. Temp Service 5 138.57 1.50% $ 2.08 $ 140.65
14 Extra dump 5 49.54 1.50% $ 0.74 5 50.28
Sten Four: Re-weight cost components
K L M N 0
Row Adjustment Factor index
Cost Component
Weightings (Column
0)
Percent Change in
Index (Column E)
Change In Cost
Component
Weightings (Column K
x Column 0
Adjusted Cost
Component
Weightings (Column
K a Column M)
Cost Components
Reweighted to Equal
100% (Column N Row
divided by Column N
Total)
15 Landfill Disposal (1) 13.00% 2.01% 0.26% 13.26% 13.06% 16 All Other (2) g7.00% 1.42% 1.24% ISELME 1E6,94%
17 Total 1W.00% 101.50% 103.00%
(1) Actual change in gate rate charged to Athens Services. (2) Consumer Price index for Lo Angeles-Riverside-0 ange County, CA, All items, Not Seasonally Adjusted, CUUSA421SAO. (3) First year based on percentages provided in this Section DI. After the first adjustment, this column comes from Column Cot the previous year's rate adjustment worksheet.
Section D1.5 Rate Reductions
In the event the rate calculation results in a reduction, the City may implement the reduction whether or not Athens Services has submitted a request. If for any reason a calculated rate reduction is not implemented, future rate increases shall be offset by the amount of the waived reduction.
SECTION D2 - EXTRAORDINARY RATE ADJUSTMENT REOUEST
54 Athens Services may request an adjustment to maximum rates in the event of extraordinary changes in the cost of providing service under this agreement. Extraordinary rate adjustments may be requested no more than once per year.
For each request for an adjustment to the maximum rates that Athens Services may charge customers brought pursuant to this section. Athens Services shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Athens Services in preparing the estimate.
City may request appropriate supporting information in connection with the City's review of Athens Services' rate adjustment request. City shall review Athens Services' request and. in City's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment.
EXHIBIT E
CITY FACILITIES SERVICE
Location/Function No. Size Frequency
CitY Hall/Refuse 2 3 yard 2x/week
City Hall/Mixed Paper 1 3 yard As needed
City Street Yard, Loraine/Refuse I 3 yard lx/week
City Street Yard, Loraine/Refuse 2 40 yard As needed
Water Dept. Sierra Madre/Refuse I 3 yard lx/week
55 1 1.5 yard lx/week
Water Dept. Sierra Madre/Mixed paper 1 3 yard As needed Water Dept., Sierra Madre/Green Waste 1 3 yard I x/week Glen Oaks Golf Course/Green Waste 1 40 yard As needed
Glen Oaks Golf Pro Snack Bar/Refuse 1 3 yard lx/week
Finkbiner Park/Refuse 4 3 yard lx/week
Finkbiber Park/Green Waste 1 3 yard 2x/week
Gladstone Park/Refuse 3 3 yard lx/week
Gladstone Park/Green Waste 1 3 yard 2x/week
Centennial Heritage Park/Refuse 1 3 yard lx/week
Centennial Heritage Park/Green Waste 1 3 yard lx/week
Park Maintenance Yard/Refuse 1 3 yard I x/week
La Fetra Center/Refuse 1 3 yard lx/week
La Fetra Center/Green Waste 1 3 yard Ix/week
Glendora Museum/Refuse 1 3 yard I x/week
Transportation Center/Refuse 1 3 yard I x/week
C.L. Equestrian Park/Refuse 1 3 yard I x/week
C.L. Equestrian 1 3 yard I x/week
Glendora Village Sidewalk Trash Containers
between Bennett and Foothill/Refuse
As exist Decorative
Trash
Containers
2x/week or as
needed
56 EXHIBIT F
Intentionally left blank
57 EXHIBIT (I
Annually Renewable Performance Bond
BOND #
KNOW ALL MEN BY THESE PRESENTS: That
(hereinafter called the Principal), and
called the Surety), are held and firmly bound unto
(hereinafter called the Obligee), in the fUll and just sum of Dollars . the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns. jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated the entered into an Agreement with the Obligee for
dav of , 2006
for a period of
Agreement is hereby referred to and made a part hereof. years which
WHEREAS. the Obligee has agreed to accept a bond guaranteeing the performance of said Agreement for a period of one year.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and truly perform each and every obligation in said Agreement at the lime and in the manner specified during the term of this bond, and shall reimburse said Obligee for any loss which said Obligee may sustain by reason of failure or default on the part of said Principal, than this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED. HOWEVER, that this bond is subject to the following conditions:
This bond is for the term beginning and ending
The bond may be extended for additional terms at the option of the surety, by continuation certificate executed by the Surety. Neither non-renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond.
2. In the event of default, the Surety will have the right and opportunity. at its sole discretion, to: a) cure the default: b) assume the remainder of the Agreement and to perform or sublet same. c) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Agreement price up to an amount not to exceed the penal sum of the bond. In no event shall the Surety be liable for fines, penalties, liquidated damages. or forfeitures assessed against the Principal.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or (hereinafter
58 instituted upon the Surety within one year from termination or expiration of the bond term.
4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors. administrator or successors of Obligee.
5. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force.
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail.
7. This bond shall not bind the Surety unless the bond is accepted by the Obligee.
The acknowledgement and acceptance of this bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the Obligee below, this bond shall be deemed null and void.
Signed and sealed this day of , 2006.
PRINCIPAL: SURETY
(seal) (seal)
(name & title) Attorney-in-Fact
THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND ACCEPTED BY THE (OBLIGEE).
ACKNOWLEDGED AND ACCEPTED BY OBLIGEE:
BY:
PRINTED NAME/TITLE:
DATE:
PLEASE RETURN A COPY OF ACCEPTED BOND TO:
59 EXHIBIT H
STREET SWEEPING
I. SCOPE OF WORK
Furnish all labor, equipment, materials, and supervision to perrrn street sweeping maintenance as described herein including. but not limited to, the following:
Using a modem regenerative air street sweeper, thoroughly sweep each improved street in the City on a weekly basis per the schedule set forth in the schedule maps attached hereto.
II. DEFINITIONS
a. Curb-to-Curb - area within the curb limits of the street including medians, intersections, and street ends.
b. Holiday - all days obsentd by the City as holidays including: New Year's Day, Martin Luther King Jr Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (including the following Friday). Christmas Eve & Christmas Day, New Year's Eve.
c. Inclement Weather - weather conditions that prohibit the effective operation of sweeping operations.
d. Debris - litter, rubbish, leaves, sand, dirt, garbage, and other foreign material. e. Street — all paved dedicated public rights-of-way within the existing or future corporate limits of the City and private streets.
f. Re-sweep - sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation. g. Special Sweep - sweep involving unusual conditions such as traffic hazards. parades. and similar events. If appropriate, prior approval from the City Manager or designee is required. h. Travel Speed - sweeper operator must maintain a speed of no more than six miles per hour while the sweeping broom is lowered in the operating position.
III. WORKING HOURS
All sweeping activities shall be completed by 1:30 PM, Monday through Friday unless prior approval is given by the City Manager or designee. Typically sweeping occurs no earlier than 1:30 AM.
Approval of Athens Services schedule will be at the reasonable discretion of the City. 60 IV. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest maintenance standard. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases. to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line.
Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that Athens Services maintain a firm schedule for sweeping posted streets, as Athens Services is required to coordinate sweeping operations with City.
Athens Services is required to sweep parking lots identified on the schedule maps attached hereto, including City Hall, adjacent to streets along the scheduled route. Athens Services is required to correct deficiencies within the time specified by the City.
Athens Services shall perform Special Sweeps "free-of charge" at the request of the City. These Special Sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. These may be used to clean before and after traffic hazards, parades, and similar events, or for any reason that the City chooses; provided that these Special Sweeps shall be limited to fifteen occurrences on an annual basis.
Athens Services shall perform Inclement Weather sweeps "free-of charge" at the request of the City. These sweeps are not Re-sweeps of an area not done properly but rather an additional sweep that is not part of the regular schedule. If. in the reasonable judgment of the City. the level of maintenance is less than that specified herein. the City shall, at its option, in addition to or in lieu of other remedies provided herein and after appropriate notice and a twenty four (24) hour opportunity to cure. impose liquidated damages in the amount of $500 per day for each day until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between Athens Services and the City.
V. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City's Public Works Department. There shall be a minimum of one quarterly meeting with the Athens Services and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by Athens Services will be submitted in writing to the City upon request by the City.
Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Athens Services, and corrected in a satisfactory manner as set forth in the specifications.
6!
VI. RECORDS AND SCHEDULE
Athens Services shall keep accurate records concerning all of its employees or agents and provide the City with names and telephone numbers of emergency contact employees.
VII. EMERGENCY SERVICES
Athens Services will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when Athens Services' normal work force is not present in the City. These Athens Services representatives shall respond to said emergency within ninety (90) minutes from receiving notification.
VIII. PERFORMANCE DURING INCLEMENT WEATHER
During the periods when Inclement Weather hinders normal operations. Athens Services shall adjust its work force in order to accomplish those activities that are not affected by weather. 62 Exhibit H
Street Sweeping Maps
57112121=2
Oty of Glendora Street Sweet:eV
Thum*
Ow Map
ElMf11[111
F,211031ZIlih
City of Glendora List of Alleys. Service day
1 E/0 Pennsylvania between Sierra Madre and Virginia 1st Tuesday 2 N/O Virginia between Pennsylvania and Vermont 1st Tuesday 3 E/0 Vermont between Sierra Madre and sly alley 1st Tuesday 4 N/O Virginia between Vermont and Glendora 1st Tuesday 5 E/0 Vista Bonita between Sierra madre and sly alley 1st Wednesday 6 N/O Virginia between Vista Bonita and Wabash 1st Wednesday 7 E/O Pennsylvania between Virginia and sly alley 1st Tuesday 8 N/O Leadora between Pennsylvania and Vermont 1st Tuesday 9 E/0 Vermont between Virginia and sly alley 1st Tuesday 10 N/O leadora between Vermont and Glendora 1st Tuesday 11 E/O Glendora between Virginia and sly alley 1st Wednesday 12 N/O Leadora between Glendora and Vista Bonita 1st Wednesday 13 E/0 Vista Bonita between Virginia and sly alley 1st Wednesday 14 N/O Leadora between Vista Bonita and Wabash 1st Wednesday 15 6/0 Wabash between Virginia and Leadora 1st Wednesday 16 N/O Leadora between Wabash and ely alley 1st Wednesday 17 6/0 Pennsylvania between Leadora and sly alley 1st Tuesday 18 N/O Whitcomb between Pennsylvania and Vermont 1st Tuesday 19 E/0 Vermont between Leadora sly alley 1st Tuesday
20 N/O Whitcomb between Vermont and Glendora 1st Tuesday 21 6/0 Glendora between Leadora and sly alley 1st Wednesday 22 N/O Whitcomb between Glendora and Vista Bonita 1st Wednesday 23 E/0 Bista Bonita between Leadora and sly alley 1st Wednesday 24 N/O Whitcomb between Vista Bonita and Wabash 1st Wednesday 25 E/0 Wabash between Leadora and sly alley 1st Wednesday 26 N/O Whitcomb between Wabash and Minnesota 1st Wednesday 27 E/0 Minnesota between Leadora and Whitcomb 1st Wednesday 28 E/0 Pasadena between Leadora and Whitcomb 1st Wednesday 29 E10 pennsylvania between Whitcomb and sly alley 1st Tuesday 30 N/O Bennet between Pennsylvania and Vermont 1st Tuesday 31 E/0 Vermont between Whitcomb and sly alley 1st Tuesday 32 N/O Bennett between Vermont and Glendora 1st Tuesday 33 E/0 Glendora between Whitcomb and sly alley 1st Wednesday 34 N/0 Bennett between Glendora and Vista Bonita 1st Wednesday 35 E/0 Bista Bonita between Whitcomb and sly alley 1st Wednesday 36 N/O Bennett between Vista Bonita and Wabash 1st Wednesday 37 N/O Meda between Pennsylvania and Vermont 1st Wednesday 38 N/O Meda between Vermont and Glendora 1st Wednesday
39 N/0 Meda between Glendora and Vista Bonita 1st Wednesday 40 N/O Meda between Vista Bonita and Wabash 1st Wednesday 41 N/O Meda between Wabash and Minnesota 1st Wednesday
42 S/O Mountain View between Pennsylvania and wly end 1st Wednesday 43 N/O Foothill between Pennsylvania and Vermont 1st Wednesday 44 E/0 Pennsylvania between 5/0 Mountain View and sly alley 1st Wednesday 45 5/0 Meda between Vermont and Glendora 1st Wednesday
46 N/O Foothill between Vermont and Glendora 1st Wednesday 47 E/0 Vermont between N/O Foothill and rely end 1st Wednesday 48 E/0 Glendora between Meda and sly alley 1st Wednesday 49 N/O Foothill between Glendora and Vista Bonita 1st Wednesday 50 S/0 Meda between Vista Bonita and Wabash 1st Wednesday 51 N/O Foothill between Vista Bonita and Wabash 1st Wednesday 52 E/O Vista Bonita between N/O Foothill and rely alley 1st Wednesday 53 5/0 Meda between Wabash and Minnesota 1st Wednesday
54 W/O Washington between Foothill and sly alley 1st Wednesday 55 E/0 Washington betweeen S/0 Foothill and MTA R/W 1st Wednesday 56 5/0 Foothill between Washington and wly alley 1st Wednesday 57 S/0 Foothill between Washington and Pennsylvania 1st Wednesday 58 E/O Washington between Carroll and rely alley 1st Wednesday 59 5/0 Foothill between Pennsylvania and Vermont 1st Wednesday 60 E/O Pennsylvania between Carroll and rely alley 1st Wednesday 61 E/O Vermont between Carroll and illy end 1st Wednesday 62 E/O Vista Bonita between Carroll and nly alley 1st Wednesday 63 5/0 Foothill between Vista Bonita and Wabash 1st Wednesday 64 E/O Wabash between Carroll and rely alley 1st Wednesday 65 5/0 Foothill between Wabash and Minnesota 1st Wednesday 66 W/O Vermont between Carroll and Vermont 1st Wednesday 67 E/O Vermont between Carroll and sly end 1st Wednesday 68 E/0 Glendora between Carroll and Ada 1st Wednesday
69 E/O Vista Bonita between Carroll and Ada 1st Wednesday 70 E/0 Wabash between Carroll and Ada 1st Wednesday
71 N/O Gladstone between Bradford and Willow 1st Monday 72 N/O Gladstone between Willow and Valley Center 1st Monday SIM tt iiaL. c•‘ 1 4rL rnstgInt7
Alleys not on contract list
73 E/0 Grand between Carter and Fleetwood ' 1st Monday
74 N/O Plymouth between sunflower and Grammont 1st Monday , 75 . E/0 Burnaby between Heather and Gladstone - 1st Monday 76 E/O Glendora between Ada and Walnut 1st Wednesday
77 - E/0 Vista Bonita Between Ada and Walnut ' 1st Wednesday 78 E/O Glendora between Walnut and Lemon - 1St Wednesday 79 E/O Loraine between Foothill and Carroll 1st Friday
City of Glendora
Foothill Transit Bus Stop List
Street Cross Street Location Corner Pos. Items Emptied Year Installed Route(s) Route 66 Vecino Dr. Near-side S/W Corner Can Weekly 2005 187 EB Route 66 Grand Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2005 187 EB Route 66 Glendora Ave. Near-side S/W Corner Bench/Can Weekly 2004 187 EB Route 66 Pasadena Ave. Near-side S/VV Corner Bench/Can Weekly 2003 187 EB Route 66 Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2002 187 EB Route 66 Loraine Ave. Mid-block South Bench/Can Weekly 2002 187 EB Route 66 Hunters Trail Near-side S/VV Corner Bench/Can Weekly 2005 187 EB Route 66 Lope Ln. Far-side S/E Corner Can Weekly 2002 187 EB Route 66 Lone Hill Ave. Far-side S/E Corner Bench/Can Weekly Replaced 2010 187 EB Foothill Blvd. Amelia Ave. Near-side N/E Corner 2013 187 WB Route 66 Lone Hill Ave. Near-side N/E Corner Bench/Can Weekly 187 WB Route 66 Compromise Line Dr. Near-side N/E Corner Bench/Can Weekly 2002 187 WB Route 66 Hunters Trail Mid-block North Bench/Can Weekly 2002 187 WE Route 66 Loraine Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Pasadena Ave. Far-side NM Corner Bench/Can Weekly 2005 187 WB Route 66 Glendora Ave. Far-side NM Corner Bench/Can Weekly 2006 187 WB/284 SB Route 66 Vermont Ave. Near-side NM Corner Bench/Can Weekly 2002 187 WB Route 66 Grand Ave. Near-side N/E Corner Bench/Can Weekly 2005 187 WB Route 66 Forestdale Ave. Far-side NM Corner Bench/Can Weekly 2003 187 WB Route 66 Barranca Ave. Near-side N/E Corner Bench/Can Weekly 187 WB Lone Hill Ave. Lone Hill Park & Ride Mid-block East
284NB/494
WB/690 WE
Lone Hill Ave. Petunia St. Near-side S/E Corner 284NB/494 WB Lone Hill Ave. Kenoma St. Far-side N/E Corner 284NB/494 WB Lone Hill Ave. Route 66 Far-side N/E Corner 284NB/494 WE Lone Hill Ave. Palopinto Ave. Mid-block East 284NB/494 WB Foothill Blvd. Lone Hill Ave. Far-side N/W Comer 2013 284NB/494 WB Foothill Blvd. Whispering Oaks Dr. Near-side N/E Corner 284NB/494 WB Foothill Blvd. Valley Center Dr. Far-side NM Corner Trash Can Weekly 2004 284NB/494
WB/851 SB
Foothill Blvd. Loraine Ave. Near-side N/E Corner Bench Weekly 2004 284N B1494
WB/851 SB
Foothill Blvd. Elwood Ave. Near-side N/E Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Live Oak Ave. Far-side NM Corner Bench/Can Weekly 2008 284NB/494 WB Foothill Blvd. Minnesota Ave. Near-side N/E Corner 284NB1494 WB Glendora Ave. Foothill Blvd. Far-side SNV Corner Bench/Can Weekly 2003 284 NB Glendora Ave. Ada Ave. Far-side S/W Corner 284 NB
Vermont Ave. Route 66 Far-side N/E Corner Layover
Glendora Ave. Ada Ave. Far-side N/E Corner Bench/Can Weekly 2004 284 SB/851 NB Glendora Ave. Foothill Blvd. Near-side S/E Corner Bench/Can Weekly 2010 284 SB/851 NB Foothill Blvd. Minnesota Ave. Near-side SNV Corner 284 5B1494 EB Foothill Blvd. Live Oak Ave. Mid-block South Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Barranca Ave. N/E Corner Bench/Can Weekly 2002 Foothill Blvd. Barranca Ave. S/W Corner Bench/Can Weekly 2002 Foothill Blvd. Elwood Ave. Far-side S/E Corner Bench/Can Weekly 2008 284 SB/494 EB Foothill Blvd. Loraine Ave. Far-side S/E Corner Trash Can Weekly 2013 284 SB/494 EB Foothill Blvd. Valley Center Dr. Far-side S/E Corner 284 SB/494 EB Foothill Blvd. Gordon Ave. Near-side SNV Corner 284 SB/494 EB Foothill Blvd. Lone Hill Ave. Near-side S/W Corner 2013 284 SB/494 EB Lone Hill Ave. Palopinto Ave. Near-side NM Corner 284 SB1494 EB Lone Hill Ave. Route 66 Far-side S/W Corner 284 SB/494 EB Lone Hill Ave. Kenoma St. Near-side NM Corner 284 SB/494 EB Lone Hill Ave. Petunia St. Near-side S/E Corner 2013 284 NB/494 WB Lone Hill Ave. Petunia St. Far-side SNV Corner 2013 284 NB/494 EB Lone Hill Ave. Lone Hill Park & Ride (Op Mid-block West Bench/Can Weekly 2010 284 SB/494 EB Lone Hill Ave. Gladstone Ave. Near-side NM Corner 284 SB Grand Ave. Gladstone Ave. Near-side S/VV Corner Bench/Can Weekly 2004 488 E81498 EB Grand Ave. Dawson Ave. Far-side N/E Corner Bench/Can Weekly 2004 488 ES Grand Ave. Citrus Edge St. Near-side S/E Corner Bench/Can Weekly 2001 488 EB1498 EB Grand Ave. Baseline Rd. Far-side N/E Corner Bench/Can Weekly 2002 488 EB/498 EB Grand Ave. Mauna Loa Ave. Near-side S/E Corner Bench/Can Weekly 2001 488 EB/498 EB Grand Ave. Route 66 Far-side N/E Corner Can Weekly 2002 488 EB/498 EB Grand Ave. Ada Ave. Far-side N/E Corner Can Weekly 2002 488 EB Foothill Blvd. Valencia St. Near-side N/E Corner 488 EB/494 WB Foothill Blvd. Valencia St. Far-side S/E Corner Bench/Can Weekly 2002 488 WB/494 WB Foothill Blvd. Grand Ave. Near-side S/W Corner Bench/Can Weekly' 2002 488 WB/494 WB Grand Ave. Ada Ave. Mid-block West Can Weekly 20.02 488 WB Grand Ave. Route 66 Far-side S/W Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Mauna Loa Ave. Near-side NM Corner Bench/Can Weekly 2004 488 WB/498 WB Grand Ave. Baseline Rd. Near-side N/W Corner Can Weekly 2003 488 WB1498 WB Grand Ave. Citrus Edge St. Far-side SNV Corner Bench/Can Weekly 2002 488 WB/498 WB Grand Ave. Dawson Ave. Mid-block West Bench/Can Weekly 2002 488 WB Grand Ave. Gladstone Ave. Far-side S/W Corner Bench/Can Weekly 2002 488 WB1498 WB Arrow Hwy. Strawberry Ln. Mid-block North 492 WB
Arrow Hwy. Sunflower Ave. Near-side N/E Corner Bench/Can Weekly 2002 492 WB Arrow Hwy. Lyman Ave. Mid-block North 492 WB/851 SB
Arrow Hwy. Bonnie Cove Ave. Far-side NM Corner 492 WB/851 SB Arrow Hwy. Grand Ave. Near-side NM Corner Replacement 492 WB Arrow Hwy. Glendora Ave. Far-side NM Corner Replacement 492 WB Foothill Blvd. Washington Ave. Far-side S/E Corner Bench Weekly Replacement 494 EB Foothill Blvd. Glendora Ave. Near-side S/VV Corner Bench/Can Weekly 2003 494 EB Foothill Blvd. Glendora Ave. Far-side NM Corner Bench/Can Weekly 2000 494 WB Foothill Blvd. Washington Ave. Mid-block North 494 WB
Foothill Blvd. Grand Ave. Near-side N/E Corner Bench/Can Weekly 2003 494 WB Baseline Rd. Grand Ave. Far-side NM Corner 690 WB
Baseline Rd. Grand Ave. Near-side S/W Corner 690 EB
210 East On-Ramp Lone Hill Ave. Far-side S/E Corner 690 EB Sunflower Ave. Arrow Hwy. Far-side N/E Corner 851 NB
Sunflower Ave. Juanita Ave. Far-side N/E Corner 2013 851 NB Gladstone Ave. Sunflower Ave. Far-side NM Corner 851 NB Gladstone Ave. Bonnie Cove Ave. Near-side N/E Corner 851 NB Gladstone Ave. Rimhurst Ave. Far-side NM Corner 2013 851 NB Glendora Ave. Dawson Ave. Mid-block East 851 NB
Lone Hill Ave. S/W Corner Bench/Can Weekly 2010
Glendora Ave. Route 66 Far-side N/E Corner Can Weekly 2004 851 NB Bennett Ave. Vermont Ave. Near-side N/E Corner 851 NB
Bennett Ave. Washington Ave. Near-side N/E Corner 2013 851 NB Bennett Ave. Grand Ave. Near-side N/E Corner Can Weekly Replacement 851 NB Grand Ave. Leadora Ave. Near-side S/E Corner 851 NB
Grand Ave. Sierra Madre Ave. Near-side S/E Corner Can Weekly 2004 851 NB Sierra Madre Ave. Bubbling Well Dr. Mid-block South Can Weekly 2004 851 NB Sierra Madre Ave. Glendora Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Cullen Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Live Oak Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Northridge Ave. Far-side S/E Corner 851 NB Sierra Madre Ave. Loraine Ave. Near-side SNV Corner 2013 851 NB Sierra Madre Ave. Treanor Ave. Near-side S/W Corner 851 NB Sierra Madre Ave. Fountain Springs Ln. Near-side S/VV Corner 851 NB Valley Center Dr. Cathrine Park Dr. Mid-block West 2013 851 NB Loraine Ave. Bennett Ave. Near-side
,S/E Corner 2013 851 SB
Loraine Ave. - Leadora Ave. Mid-block East 851 SB
Sierra Madre Ave. Loraine Ave. far-side NM Corner 2013 851 SB Sierra Madre Ave. Northridge Ave. Mid-block North 851 SB Sierra Madre Ave. Live Oak Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Banna Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Glendora Ave. Near-side N/E Corner 851 SB Sierra Madre Ave. Bubbling Well Dr. Near-side N/E Corner 851 SB Grand Ave. Sierra Madre Ave. Far-side S/VV Corner Can Weekly 2003 851 SB Grand Ave. Leadora Ave. Near-side NM Corner Can Weekly 2003 851 SB Grand Ave. Bennett Ave. Near-side NM Corner Can Weekly 2003 851 SB Beimett Ave. Washington Ave. Mid-block South Bench Weekly 2000 851 SB Bennett Ave. Vermont Ave. Far-side S/E Corner Bench/Can Weekly 2008 851 SB Sunflower Ave. Juanita Ave. Near-side S/E Corner 2013 851 SB
PARKING LOTS SERVICE DAY
Teen center Lot Monday
Pompeii Park Lot Monday
LOT 1
CiviCenter/Downtown Wednesday
LOT 2
CiviCenter/Downtown Wednesday
LOT 3
CiviCenter/Downtown Wednesday
LOT 4
CiviCenter/Downtown Wednesday
LOT 5
CiviCenter/Downtown Wednesday
LOT 6
CiviCenter/Downtown Wednesday
LOT 7
CiviCenter/Downtown Wednesday
LOT 8
CiviCenter/Downtown Wednesday
LOT 9
CiviCenter/Downtown Wednesday
LOT 10
CiviCenter/Downtown Wednesday
Metro Parking Lot Wednesday
LA Ferta Center Lot Wednesday
LA Ferta & Transit Center Lots Wednesday
Water Yard Thursday
2244 E. Route 66 Friday
Street Yard Friday
Parks Yard Friday
Scale Plan No.
1 / 10
FAO No. ' Sheet of sheets
Drawn by
Date
PUBLIC WORKS DEPARTMENT - ENGINEERING
Apdpved
if-I-o 1k
Date
2244 E. ROUTE 66
LOTS TO BE SWEPT
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
0(626)914-8246 ia(626) 914-9053
Drawn by
Date
PUBLIC WORKS DEPARTMENT - ENGINEERING
84-ZOOF
Date
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard. Glendora, CA 91741
CD(626) 914-8246 Q(626)914-9053
Plan No.
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LA FETRA & TRANSIT CENTER LOTS
LOTS TO BE SWEPT
PUBLIC WORKS DEPARTMENT - ENGINEERING
3 / 10
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[ 1=1
[Jr:1
OTS TO BE SWEPT
ity of G en ora
"Pride of the Foothill?
116 E. Foothill Boulevard. Glendora, CA 91741
CD(626) 914-8246 1,1(626) 914-9053
AMR.
Mg=
5Engipm
4 OTS TO BE SWEPT
16 E. Foothill Boulevard, Glendora, CA 91741
CD(626) 914-8246 '(626) 914-9053
erawn by SCE110
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GIEMCI
4 10
Sheet of sheets
P BLIC WORKS DEPARTMENT - ENGINEERING
Approved by:
PUBLIC WORKS DEPARTMENT - ENGINEERING
Approved by:
ATER YARD & NEXT TO WAT R YARD
11211,4 LOTS TS BE SWEPT
City of G endora
"Pride of the Foothill?
16 E. Foothill Boulevard, lendora. • 917.
(1(626) 914-8246 l(626) 914-9053
Drawn by ScaIe
84-wit
Date Date
PUBLIC WORKS DEPARTMENT - ENGINEERING
Approved by
rM()
City of Glendora
"Pride of the Foothills"
116 E. Foothill Boulevard, Glendora, CA 91741
0(626) 914-8246 0(626) 914-9053
Plan No.
6 10
Fie No. Sheet of sheets
POMPEII PARKING LOT
LOTS TO BE SWEPT
Drawn by Scala
Date
PUBLIC WORKS DEPARTMENT - ENGINEERING
AR:Proved by It
Rig* -
If Date
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
1(626) 914-8246 61(626) 914-9053
Plan No.
7 / 10
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TEEN CENTER LOT
LOTS TO BE SWEPT
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Scale —4--
File No.
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PUBLIC WORKS DEPARTMENT - ENGINEERING
Approved by:
8 -1--tat
Date
METRO PARKING LOT
LOTS TO BE SWEPT
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
(1(626) 914-8246 a(626) 914-9053
FETRA CENTER LO
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PUBLIC WORKS DEPARTMENT - ENGINEERIN
Appro d by
Scale
9 / 10
File No Sheet of sheets
(04 4)1 reel g
•
Mt_
LOTS TO BE SWEPT
City of Glendora
"Pride of the Foothills"
116 E. Foothill Boulevard, Glendora, CA 91741
CD(626) 914-8246 M(626) 914-9053
Date
-•••
PUBLIC WORKS DEPARTMENT - ENGINEERING
File No. Plan No
10 / 10
Sheet of sheets
4-2elt
Date
VARIOUS PARKING LOTS
KZ] LOTS TO BE SWEPT
Drawn by
City of Glendora
"Pride of the Foothill?
116 E. Foothill Boulevard, Glendora, CA 91741
](626) 914-8246 ,-'.(626) 914-9053
Date Scale
EXHIBIT I
BUS STOP LOCATIONS
STREET CROSS STREET LOCATION CORNER POS. ITEMS
ROUTE 66 VECINO DR. NEAR-SIDE S/W CORNER CAN
ROUTE 66 GRAND AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 GLENDORA AVE. NEAR-SIDE S/W CORNER BENCH/CAN
ROUTE 66 PASADENA AVE. NEAR-SIDE S/W CORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN
ROUTE 66 LORAINE AVE. MID-BLOCK SOUTH BENCH/CAN
ROUTE 66 HUNTERS TRAIL NEAR-SIDE S/W CORNER BENCH/CAN
ROUTE 66 LOPE LN. FAR-SIDE S/E CORNER CAN
ROUTE 66 LONE HILL AVE. FAR-SIDE S/E CORNER BENCH/CAN
FOOTHILL BLVD. AMELIA AVE. NEAR-SIDE N/E CORNER
ROUTE 66 LONE HILL AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 COMPROMISE LINE DR. NEAR-SIDE N/E CORNER BENCH/CAN ROUTE 66 HUNTERS TRAIL MID-BLOCK NORTH BENCH/CAN
ROUTE 66 LORAINE AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 PASADENA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 VERMONT AVE. NEAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN
ROUTE 66 FORESTDALE AVE. FAR-SIDE N/W CORNER BENCH/CAN
ROUTE 66 BARRANCA AVE. NEAR-SIDE N/E CORNER BENCH/CAN
LONE HILL AVE. LONE HILL PARK & RIDE MID-BLOCK EAST
LONE HILL AVE. PETUNIA ST. NEAR-SIDE S/E CORNER
LONE HILL AVE. KENOMA ST. FAR-SIDE N/E CORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE N/E CORNER
LONE HILL AVE. PALOPINTO AVE. MID-BLOCK EAST
FOOTHILL BLVD. LONE HILL AVE. FAR-SIDE N/W CORNER
FOOTHILL BLVD. WHISPERING OAKS DR. NEAR-SIDE N/E CORNER FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE N/W CORNER TRASH CAN FOOTHILL BLVD. LORAINE AVE. NEAR-SIDE N/E CORNER BENCH
FOOTHILL BLVD. ELWOOD AVE. NEAR-SIDE N/E CORNER BENCH/CAN FOOTHILL BLVD. LIVE OAK AVE. FAR-SIDE N/W CORNER BENCH/CAN
6.3 FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE N/E CORNER
GLENDORA AVE. FOOTHILL BLVD. FAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ADA AVE. FAR-SIDE S/W CORNER
VERMONT AVE. ROUTE 66 FAR-SIDE N/E CORNER
GLENDORA AVE. ADA AVE. FAR-SIDE N/E CORNER BENCH/CAN
GLENDORA AVE. FOOTHILL BLVD. NEAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. MINNESOTA AVE. NEAR-SIDE S/W CORNER
FOOTHILL BLVD. LIVE OAK AVE. MID-BLOCK SOUTH BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. N/E CORNER BENCH/CAN
FOOTHILL BLVD. BARRANCA AVE. S/W CORNER BENCH/CAN
FOOTHILL BLVD. ELWOOD AVE. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. LORAINE AVE. FAR-SIDE S/E CORNER TRASH CAN FOOTHILL BLVD. VALLEY CENTER DR. FAR-SIDE S/E CORNER
FOOTHILL BLVD. GORDON AVE. NEAR-SIDE S/W CORNER
FOOTHILL BLVD. LONE HILL AVE. NEAR-SIDE S/W CORNER
LONE HILL AVE. PALOPINTO AVE. NEAR-SIDE N/W CORNER
LONE HILL AVE. ROUTE 66 FAR-SIDE S/W CORNER
LONE HILL AVE. KENOMA ST. NEAR-SIDE N/W CORNER
LONE HILL AVE. PETUNIA ST. FAR-SIDE S/W CORNER
LONE HILL AVE. LONE HILL PARK & RIDE (OPP.) MID-BLOCK WEST BENCH/CAN LONE HILL AVE. GLADSTONE AVE. NEAR-SIDE N/W CORNER
GRAND AVE. GLADSTONE AVE. NEAR-SIDE S/W CORNER BENCH/CAN GRAND AVE. DAWSON AVE. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. CITRUS EDGE ST. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. BASELINE RD. FAR-SIDE N/E CORNER BENCH/CAN
GRAND AVE. MAUNA LOA AVE. NEAR-SIDE S/E CORNER BENCH/CAN GRAND AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
GRAND AVE. ADA AVE. FAR-SIDE N/E CORNER CAN
FOOTHILL BLVD. VALENCIA ST. NEAR-SIDE N/E CORNER
FOOTHILL BLVD. VALENCIA ST. FAR-SIDE S/E CORNER BENCH/CAN FOOTHILL BLVD. GRAND AVE. NEAR-SIDE S/W CORNER BENCH/CAN GRAND AVE. ADA AVE. MID-BLOCK WEST CAN
GRAND AVE. ROUTE 66 FAR-SIDE S/W CORNER BENCH/CAN
GRAND AVE. MAUNA LOA AVE. NEAR-SIDE N/W CORNER BENCH/CAN GRAND AVE. BASELINE RD. NEAR-SIDE N/W CORNER CAN
GRAND AVE. CITRUS EDGE ST. FAR-SIDE S/W CORNER BENCH/CAN GRAND AVE. DAWSON AVE. MID-BLOCK WEST BENCH/CAN
GRAND AVE. GLADSTONE AVE. FAR-SIDE S/W CORNER BENCH/CAN ARROW HWY. STRAWBERRY LN. MID-BLOCK NORTH
ARROW HWY. SUNFLOWER AVE. NEAR-SIDE N/E CORNER BENCH/CAN ARROW HWY. LYMAN AVE. MID-BLOCK NORTH
64 ARROW HWY. BONNIE COVE AVE. FAR-SIDE N/W CORNER
ARROW HWY. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN
FOOTHILL BLVD. WASHINGTON AVE. FAR-SIDE S/E CORNER BENCH FOOTHILL BLVD. GLENDORA AVE. NEAR-SIDE S/W CORNER BENCH/CAN FOOTHILL BLVD. GLENDORA AVE. FAR-SIDE N/W CORNER BENCH/CAN FOOTHILL BLVD. WASHINGTON AVE. MID-BLOCK NORTH
FOOTHILL BLVD. GRAND AVE. NEAR-SIDE N/E CORNER BENCH/CAN BASELINE RD. GRAND AVE. FAR-SIDE N/W CORNER
BASELINE RD. GRAND AVE. NEAR-SIDE S/W CORNER
210 EAST ON-RAMP LONE HILL AVE. FAR-SIDE S/E CORNER
SUNFLOWER AVE. ARROW HWY. FAR-SIDE N/E CORNER
SUNFLOWER AVE. JUANITA AVE. FAR-SIDE N/E CORNER
GLADSTONE AVE. SUNFLOWER AVE. FAR-SIDE N/W CORNER
GLADSTONE AVE. BONNIE COVE AVE. NEAR-SIDE N/E CORNER
GLADSTONE AVE. RIMHURST AVE. FAR-SIDE N/W CORNER
GLENDORA AVE. DAWSON AVE. MID-BLOCK EAST
LONE HILL AVE. MARKET PLACE NEAR-SIDE S/W CORNER BENCH/CAN GLENDORA AVE. ROUTE 66 FAR-SIDE N/E CORNER CAN
BENNETT AVE. VERMONT AVE. NEAR-SIDE N/E CORNER
BENNETT AVE. WASHINGTON AVE. NEAR-SIDE N/E CORNER
BENNETT AVE. GRAND AVE. NEAR-SIDE N/E CORNER CAN
GRAND AVE. LEADORA AVE. NEAR-SIDE S/E CORNER
GRAND AVE. SIERRA MADRE AVE. NEAR-SIDE S/E CORNER CAN
SIERRA MADRE AVE. BUBBLING WELL DR. MID-BLOCK SOUTH
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. CULLEN AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. LIVE OAK AVE. FAR-SIDE S/E CORNER
SIERRA MADRE AVE. NORTHRIDGE AVE. FAR-SIDE S/E CORNER
SIERRA mADRE AVE. LORAINE AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. TREANOR AVE. NEAR-SIDE S/W CORNER
SIERRA MADRE AVE. FOUNTAIN SPRINGS LN. NEAR-SIDE S/W CORNER VALLEY CENTER DR. CATHRINE PARK DR. MID-BLOCK WEST
LORAINE AVE. BENNETT AVE. NEAR-SIDE S/E CORNER
LORAINE AVE. LEADORA AVE. MID-BLOCK EAST
SIERRA MADRE AVE. LORAINE AVE. FAR-SIDE N/W CORNER
SIERRA MADRE AVE. NORTHRIDGE AVE. MID-BLOCK NORTH
SIERRA MADRE AVE. LIVE OAK AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BANNA AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. GLENDORA AVE. NEAR-SIDE N/E CORNER
SIERRA MADRE AVE. BUBBLING WELL DR. NEAR-SIDE N/E CORNER GRAND AVE. SIERRA MADRE AVE. FAR-SIDE S/W CORNER CAN
65 GRAND AVE. LEADORA AVE. NEAR-SIDE N/W CORNER CAN
GRAND AVE. BENNETT AVE. NEAR-SIDE N/W CORNER CAN
BENNETT AVE. WASHINGTON AVE. MID-BLOCK SOUTH BENCH
BENNETT AVE. VERMONT AVE. FAR-SIDE S/E CORNER BENCH/CAN ARROW HWY. GRAND AVE. N/W CORNER BENCH/CAN
66 EXHIBIT J
SPECIFICATIONS FOR HYDRO TEK POWER WASHER
3000psi
Sgalions per minute
18hp pump
2900w generator
200gallon water tank
Stainless steel high pressure hose
Reel with hose and wand
Vacuum recovery system
Smicron filtration system for water reuse
Containment berms, vacuum hose
Self-contained unit that does not require any outside power source 67 SECOND AMENDMENT TO THE
FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN
ENTERPRISES, INC.,
FOR INTEGRATED WASTE MANAGEMENT
BY AND BETWEEN
CITY OF GLENDORA
AND
ARAKELIAN ENTERPRISES, INC.
D/B/A/ ATHENS SERVICES
AGREEMENT EFFECTIVE SEPTEMBER 1, 2014
AMENDMENT EFFECTIVE JULY 1, 2018
01240.0001/477834. I 5
SECOND AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN
THE CITY OF GLENDORA AND
ARAKELIAN ENTERPRISES, INC.,
FOR INTEGRATED WASTE MANAGEMENT
THIS SECOND AMENDMENT TO THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF GLENDORA AND ARAKELIAN ENTERPRISES, INC., FOR INTEGRATED WASTE MANAGEMENT ("Second Amendment") is entered into as of July 1, 2018 ("Effective Date"), by and between the City of Glendora, California, a municipal corporation ("City"), and Arakelian Enterprises, Inc. dba Athens Services, a California corporation ("Athens Services").
RECITALS
WHEREAS, the City is empowered under Section 7 of Article XI of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (the "Act" or "AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and
WHEREAS, the California Constitution and the Act authorize the City to determine the aspects of solid waste handling which are of local concern, including the means by which solid waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and
WHEREAS, the City Council of the City of Glendora has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise to provide integrated waste management, to arrange with Solid Waste Customers for the collection of Solid Waste, including the recovery of Recyclable Solid Waste, and the collection and disposal of Solid Waste from specified properties within the City; and WHEREAS, the City Council of the City of Glendora declares its intention to maintain reasonable rates for collection and disposal of Solid Waste and collection and recycling of Recyclable Solid Wastes within the City concurrent with achieving state-mandated landfill diversion and recycling marks as established by AB 939; and WHEREAS, effective September 1, 2014, City and Athens Services entered into that certain Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management ("Original Agreement"); and WHEREAS, effective June 9, 2015, the City and Athens Services entered into that certain First Amendment to the Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management ("First Amendment"); and 01240.0001 /477834.15 2
WHEREAS, the Original Agreement, as amended by the First Amendment, shall be referred to herein as the "Franchise Agreement"; and
WHEREAS, the City Council of the City of Glendora and Athens Services desire to amend the Franchise Agreement as set forth in this Second Amendment.
NOW, THEREFORE, the parties, in consideration of their respective mutual promises, agree as follows:
TERMS OF AGREEMENT
1. Each and every one· of the Recitals set forth above is a material part of this Second Amendment and is hereby incorporated by reference into and made part of this Second Amendment by this reference.
2. Except as otherwise defined herein, all defined terms used m this Second Amendment shall have the meaning set forth in the Franchise Agreement.
3. A new Section I.DD of the Franchise Agreement is added as follows:
" DD. AB 1826
" "AB 1826" shall mean Assembly Bill 1826 (Chesbro), codified as Chapter 12.9 (commencing with Section 42649.8) of Part 3 of Division 30 of the Public Resources Code, as may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act."
4. A new Section LEE of the Franchise Agreement is added as follows:
" EE. AB 1594
" "AB 1594" shall mean Assembly Bill 1594 (Williams), amending Public Resources Code Sections 40507 and 41781.3, as may be amended from time to time, and any regulations that may be adopted from time to time by any agency of the State of California to implement said Act."
5. A new Section I.FF of the Franchise Agreement is added as follows:
" FF. Organic Waste
" "Organic Waste" shall have the meanmg set forth m Public Resources Code section 42649.8(c)."
6. Two new paragraphs in Section 3.G. of the Franchise Agreement are added as follows:
"School District Facilities - Effective January 1, 2019, Athens Services shall offer to collect and dispose of all Solid Waste, Green Waste, Organic Waste, and 01240.0001/477834.15 3
compostables generated at certain premises owned and/or operated by any and all public, K-12 school district( s) operating within City of Glendora limits ("School District"), but only to the extent the following conditions are fulfilled:
01240.0001 /477834.15
1. Athens Services' collection operations are ( or become) franchised with, or expressly permitted by, such School District(s); and
2. Athens Services' collection operations to a School District will not cause an infringement upon the franchised rights of any other waste or recycling enterprise(s) having franchised operations within such School District; and
3. The franchise agreement, permit or other express authorization for waste and recycling services between Athens Services and each School District served pursuant to this Section 3.G shall require Athens Services to add the City of Glendora as an additional insured to the commercial general liability insurance coverages applicable to such services.
4. The franchise agreement, permit or other express authorization for waste and recycling services between Athens Services and each School District served pursuant to this Section 3.G shall incorporate an indemnity and defense provision favoring the City of Glendora, in a form substantially as follows:
"To the full extent permitted by law, Athens
Services shall indemnify, defend and hold
harmless City of Glendora and its officers,
employees and agents from and against any
liability (including liability for claims, suits,
actions, losses, expenses or costs of any kind,
whether actual, alleged or threatened,
including attorneys' fees and costs, ), where
the same arise out court costs, defense costs
and expert witness fees of, are a consequence
of, or are in any way attributable to, in whole
or in part, the performance of those services
performed by Athens Services of behalf of
[ name of school district] pursuant to that
Section 3.G of that certain "Second
Amendment to the Franchise Agreement
Between the City of Glendora and Arakelian
Enterprises, Inc., For Integrated Waste
Management" dated July 1, 2018, or by any
individual or entity for which Athens
Services is legally liable, including but not
4 limited to officers, agents, employees or
subcontractors of Consultant."
To the extent the above conditions are met, Athens Services shall make collections from School District premises Monday through Friday (or on Saturdays following non-working holidays earlier that week) at the service levels needed to comply with all current state-mandated diversion rates for Solid Waste, Green Waste, Organic Waste, and compostables, all as further detailed in Exhibit F, to the extent such collection schedules and services are consistent with Athens Services' franchise contract with the subject School District. The services to be provided to School Districts pursuant to this Section G shall be provided by Athens Services or its subcontractors at no additional charge to School District or the City; provided, however, that any changes in service levels, services for special projects at School District facilities, or additional services requested by School District in excess of those listed in Exhibit F shall be paid for by School District at reduced fees to be negotiated between School District and Athens Services. For clarity, the School District facilities do not include Citrus College.
"Compost/Mulch/Fertilizer - Effective July 1, 2018, Athens Services shall deliver to the City compost (up to a maximum of 100 tons per year) to the City for its use.
Mulch and fertilizer will be provided to the extent available. The City and Athens Services shall meet and confer twice per year, no later than October 31 and April 30 annually, to mutually prepare a plan for the delivery frequency, amounts, and delivery locations for compost to be provided to the City in the upcoming fiscal year. All costs of delivering compost to the City shall be born by Athens Services."
7. A new Section 3.R. of the Franchise Agreement is added as follows:
" R. Commercial & Multi-Family Organic Waste Services (AB 1826) " Effective July 1, 2018, Athens Services will provide all staff, labor, and materials to ensure City-wide compliance with AB 1826. This includes account site visits and reviews, public education and outreach as appropriate, meeting with CalRecycle staff, providing Organic Waste tonnage data to both the City and CalRecycle, and administering an Organic Waste services program.
Athens Services shall direct all source-separable or separated Organic Waste to an organics processing facility capable of meeting the requirements AB 1826 and any other applicable Organic Waste diversion requirements. " Athens Services will provide 35-gallon Organic Waste barrels to commercial and multi-family Customers, and School District facilities, that qualify and meet the compliance requirements of AB 1826, as well as commercial and multi-family Customers, and School District facilities, that might not meet the compliance requirements of AB 1826 but can demonstrate that they are able to 0 I 240.0001/477834. I 5 5
and have a need to source-separate Organic Waste from their waste stream.
Athens Services will also provide dedicated non-food organics barrels (barrel size to be determined based on account site survey by Athens Services and to prevent any overfilling of, or overflow from, the containers) for non-food organic collection to those multi-family Customers that are subject to such collection under AB 1826. Such barrels for organics shall be of sufficient service level, and serviced on such frequency, that there does not result in any overfilling of, or overflow from, the containers. Athens Services will provide Organics Waste and non-food organics barrels to such Customers and School District facilities at a weekly frequency of service not to exceed the regular mixed waste frequency of service. Athens Services will replace such organics barrels as needed, upon Customer request and review by Athens Services.
" Athens Services reserves the right to inspect, audit, and review the service level (quantity of container(s) and weekly frequency of pick-up) of organics services at each account that requests organics services. Athens Services may reduce or increase the organics service level based on the inspection and audit.
" Organics Waste from commercial and multi-family Customers in the City must be clean per Section I .FF above, and must contain less than 5% contamination. If any Organics Waste customer is identified as containing more than 5% contaminants, Athens Services will implement the following provisions in order to work with the Customer to decontaminate their Organics Waste:
0 I 240.0001/477834. I 5
1- Identify the source (Customer) of contamination ( first offense) and meet with that Customer to inform, educate, and eliminate the contaminants from their Organics Waste.
2- If Organics Waste contamination continues with the same identified source (second offense), that Customer's Organics Waste container(s) will be "red tagged" for non-compliance and the container(s) will not be picked-up until the Customer removes the identified contaminants.
Once the container(s) has been identified as clean Organics Waste, Athens Services will resume its normal pick up service to that Customer. If the Customer chooses not to clean up the container( s ), the Customer shall be subject to the "Organics Waste Contamination Fee" in Exhibit C for each noncompliant container and incident. 3- If Athens determines that the identified Customer in Step #1 has a third or subsequent offense within 90 days of the first offense, Athens will "red tag" the contaminated container(s) for non-compliance and will not pick-up the contaminated container(s) with the organics truck, notify the city and customer of the third or subsequent offense, charge the "Organics Waste Contamination Fee" in Exhibit C for each noncompliant container and for each pick-up, and have the option to reduce the customers' Organics Waste service level to a minimum of 6 one organics barrel picked up one time per week until the customer can demonstrate that they are able to comply with the Organics Waste Program.
" Athens Services will provide sufficient service equipment (including an estimated one truck) in order to collect source-separated clean Organic Waste from commercial, multi-family, and School District accounts within the City having organics barrels as needed such that there does not result any overfilling of, or overflow from, the containers. Upon collecting such Organic Waste, Athens Services will take the Organic Waste to American Organics, or any other facility that can divert the Organic Waste from the landfill, where the Organic Waste may be counted as diversion for City as provided by applicable law."
8. A new Section 3.S. of the Franchise Agreement is added as follows:
" s. Residential Green Waste Services (AB 1594)
" Effective January 1, 2020, Athens Services will comply with AB 1594, including public education and outreach as appropriate. Athens Services will continue to collect and haul Green Waste from residential accounts in accordance with then-current procedures, but will commence compliance with AB 1594 by transferring all source-separated residential Green Waste ( excluding food waste, food scraps, or other Green Waste not allowed for such diversion) to American Organics, or any other facility that can divert the Green Waste from the landfill, where the Green Waste may be counted as diversion for the City as provided by applicable law."
9. Effective as of the Effective Date of this Second Amendment, Section 4.E of the Franchise Agreement is replaced in its entirety with the following:
" E. Construction and Demolition Debris
Athens Services guarantees that each individual construction or demolition project that falls under Title 6, Chapter 6.09 of the Municipal Code meets the 65% diversion rate or as required under applicable State law. Athens Services will consult with construction and demolition debris Customers to assist in project diversion planning."
10. Effective as of the Effective Date of this Second Amendment, Section B.11 of Exhibit B to the Franchise Agreement is revised to add a second paragraph as follows (all other provisions of said provision to remain-unchanged):
" Athens Services guarantees compliance with the requirements of AB 939, AB 1826, AB 1594 and AB 341 as amended from time to time. Athens Services shall carry out its obligations under this Agreement so that the City will meet or exceed the diversion standards set forth in those requirements, and all amendments thereto more fully set forth below. City and Athens Services shall 01240.0001/477834.l 5 7
reasonably assist each other to meet the diversion requirements necessary for compliance with the stated bills. In carrying out the provisions of this Section, Athens Services agrees to perform the following obligations at its cost and expense:
(a) Defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the CalRecycle, if Athens Services fails or refuses to provide information relating to its operations that is required under this Agreement, and such failure or refusal prevents or delays the submission of reports required by AB 939, AB 1826, AB 1594 or AB 341 (as amended from time to time) in a timely manner;
(b) Assist City in preparing for, and participating in, the CalRecycle's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825;
( c) Assist City in responding to inqumes from the CalRecycle in applying for an extension under Public Resources Code Section 41820, if so directed by City; in conducting any hearing conducted by the CalRecycle relating to AB 939, AB 1826, AB 1594 and AB 341, as amended from time to time; or in any other investigative or enforcement manner undertaken by any agency; (d) Defend, with counsel acceptable to City, and indemnify and hold harmless the City against any fines or penalties levied against it for violation of the diversion requirements of AB 939, AB 1826, AB 1594 and AB 341 (as amended from time to time), provided that Athens Services' obligation to indemnify City shall be subject to the limitations set forth in Public Resources Code Section 40059 .1 ( c) as may be amended from time to time."
11. Effective as of the Effective Date of this Second Amendment, Section 6 of the Franchise Agreement is replaced in its entirety with the following:
"SECTION 6 - EFFECTIVE DATE AND TERM OF AGREEMENT
" A.
" The term of this Agreement shall be for a period of ten (10) years, commencing September 1, 2014, and ending at midnight on August 31, 2024, subject to Automatic Extensions as provided in Section 6.8 of this Agreement (as may be extended, "Term"); provided, however, that (i) both City and Athens Services may contract to extend the Term of this Agreement at any time, and (ii) no later than two (2) years prior to the expiration of the then-current Term, City and Athens Services will meet to discuss extending the Term of this Agreement, understanding that the parties have no obligation to enter into another agreement when the Term of this Agreement terminates.
01240.000 I /477834.15 8
" B. Automatic Extensions
" Notwithstanding Section 6.A of this Agreement, on September 1, 2018, the Term of this Agreement shall be extended through August 31, 2025, and thereafter on each September 1 commencing September 1, 2019, the Term of this Agreement shall be extended one (1) year (each an "Automatic Extension"), so that the full Term of the Agreement shall remain seven (7) years. " Commencing with the Automatic Extension to be effective September 1, 2024, either party may terminate the Automatic Extension provisions of this Section 6.B by giving the other party both (i) written notice of intent to terminate further Automatic Extensions on or before any February 28, and (ii) written notice of termination of further Automatic Extensions on or before the next-succeeding July 31, effective September 1. During the five ( 5) month period following any notice of intent to terminate further Automatic Extensions, the parties shall meet and negotiate in good faith at the request of either party. Upon any termination of further Automatic Extensions, the remaining Term of the Agreement shall be seven (7) years from the effective date of termination of further Automatic Extensions. If the notice of termination of further Automatic Extensions is given, only the Automatic Extension provisions described in this Section 6.B shall terminate and be of no further force or effect, and all other provisions of this Agreement shall remain in full force and effect for the balance of the Term then remaining."
" C. Defaults Terminate Contract and Automatic Extensions.
The parties hereto further agree and acknowledge that the nature of this Agreement is that of an exclusive franchise, notwithstanding any contrary uses of titles, headings, or vernacular used elsewhere herein. It is further acknowledged that this Agreement provides for an exclusive franchise for purposes of Public Resources Code 49520 et seq. This provision is not a waiver of the notice rights provided under Public Resources Code 49520, but rather serves as an acknowledgement by the parties that Public Resources Code 49520 is directly inapplicable to this Agreement due to the Agreement's exclusive franchise nature."
12. Effective as of the Effective Date of this Second Amendment, Section B7(G) of Exhibit B to the Franchise Agreement is revised as follows:
" G. Monthly & Quarterly Reports
1. The information listed below shall be the minimum
reported on a quarterly basis. The reports shall be delivered to the City at least 15 days prior to the start of the upcoming fiscal quarter. 01240.0001/477834.15
i. Solid Waste collected by Athens Services for the
prior quarter, sorted by type of Solid Waste (Refuse, Recycling Solid Waste, Green Waste, Organic Waste) in tons collected and 9 disposed, and the facilities where the tons were processed or disposed.
ii. Warning notices issued for contaminated Green
Waste and Organic Waste containers or notices issued for noncollection during the prior quarter as well as notices pursuant to Section 4.A of the Agreement.
iv. Graffiti removal performed, including, if requested by the City, photographs of the graffiti, its location, and other information reasonably required by the City of Glendora Police Department.
v. All information and records reasonably requested
by City pertaining to Athens Services' compliance with AB 1826, AB 939, diversion mandates pertaining to construction and demolition debris, and all other State law diversion mandates.
2. The information listed below shall be the minimum
reported on a monthly basis. The reports shall be delivered to the City at least 15 days prior to the start of the upcoming month.
i. Gross receipts received during the prior month by
Customer category and calculation of franchise fees due."
13. Effective as of the Effective Date of this Second Amendment, Section B7(H) of Exhibit B to the Franchise Agreement ("Annual Reports") is revised to add a new Subsection 10 to read as follows:
"
01240.0001/477834.15
10. Organics Data and Education Plan. Starting September 1, 2018, and annually thereafter no later than July 15th, Athens Services shall meet and confer with the City to develop an annual education plan to include outreach to commercial and multi-family Customers, School Districts (if applicable), and City facilities, which plan shall provide outreach education on, and compliance monitoring for, the requirements of AB 1826. Athens Services shall provide a report on the prior year activities including, without limitation, annual outreach, including the methods and type of contact, correspondence sent, replies received, etc.
The annual education plan report shall include the number of audits conducted, monitoring program information, training provided, Customers subject to Organic Waste recycling services, number of violations, number of Organic Waste containers and service frequencies. All reported information shall be sufficient to allow the City a full review of Athens Services' compliance with AB 1826 and any other programmatic mandates for Organic Waste enacted by State law. Athens Services shall pay for all outreach materials including any direct mailings to Customers. 10 14. Effective as of the Effective Date of this Second Amendment, Section 8.10 of Exhibit B to the Franchise Agreement is revised to add an additional paragraph as follows (all other provisions of said provision to remain unchanged):
" City may conduct a contract compliance audit at any time, and City anticipates that such audit shall be performed not less than once every two years for purposes of reviewing and ensuring Athens Services' compliance with all terms of this Agreement. Annually, upon thirty (30) days written notice from the City to Athens Services, the parties shall meet and confer to conduct such contract compliance review, which review may include, without limitation, issues of:
levels of service, diversion compliance, public education and community outreach, State-mandated reporting requirements, franchise fee payments, Customer rates, Customer complaint issues, and other matters of Athens Services' performance under this Agreement."
15. Effective as of the Effective Date of this Second Amendment, Exhibit C of the Franchise Agreement is replaced in its entirety by Exhibit C attached hereto and incorporated herein by reference.
16. Effective as of the Effective Date of this Second Amendment, Exhibit D of the Franchise Agreement is hereby replaced in its entirety with that Exhibit D attached hereto and incorporated herein by reference.
17. Effective as of the Effective Date of this Second Amendment, Exhibit F of the Franchise Agreement is hereby replaced in its entirety by the Exhibit F attached hereto and incorporated herein by reference.
18. This Second Amendment shall be governed by, and construed, interpreted and enforced in accordance with, the laws of the State of California without regard to any conflict of laws provision that would apply the laws of any other jurisdiction.
19. Except as modified herein, either expressly or by necessary implication, the terms and conditions of the Franchise Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
01240.0001 /477834.l 5 11
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be duly executed as of the Effective Date.
ATTEST:
ATTEST:
ARAKELIAN ENTERPRISES, INC.
dba ATHENS SERVICES
By: .,_--'7""~~------'----
Name: ~ /f1 CL lff/J/{;)_JL
Its: PffU[Jlf?" lltU: /J/eSJ)~
CITY OF GLENDORA
By: _ ~_...,...~"'"----- Mendell Thompson
Mayor
01240.0001/477834.15 [Signature Page for Second Amendment to Franchise Agreement] 12 ORANGE COUNTY I LOS ANGELES I RIVERSIDE I CENTRAL VALLEY Gary Clifford
Arakelian Enterprises, Inc.
dba Athens Services
14048 East Valley Boulevard
City oflndustry, CA 91746
Chris Jeffers, City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, CA 91741-3380
June 26, 2018
George Kieffer
William W. Wynder
[email protected]
(310) 527-6667
Manatt, Phelps & Phillips, LLP
11355 W. Olympic Blvd.
Los Angeles, CA 90064
2361 Rosecrans Ave., Suite 475
El Segundo, CA 90245
P (310) 527-6660
F (310) 532-7395
AWA TIORNEYS.COM
Re: Side Letter Agreement ("Side Letter") Regarding the Legal Effect of the Second Amendment to the Franchise Agreement Between The City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste
Management
Athens Services & City of Glendora:
This letter-agreement ("Side Letter") memorializes an understanding between the City of Glendora ("City") and Arakelian Enterprises, Inc., dba Athens Services ("Athens"), regarding the understanding of the parties relating to the termination provision(s) of that certain "Franchise Agreement between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management" dated September 1, 2014 (the "Original Agreement"), as amended by a "Second Amendment to the Franchise Agreement Between the City of Glendora and Arakelian Enterprises, Inc., for Integrated Waste Management" effective July 1, 2018 (the "Second Amendment"). City and Athens may be referred to, individually or collectively, as "party" or "parties" herein. The Original Agreement and Second Amendment are collectively referred to herein as the "Agreement."
In June 2018, the parties entered into negotiations for the Second Amendment to the Original Agreement. Among other revisions to the Original Agreement, the Second Amendment extended the term of the Agreement and altered the manner by which future extensions of the Agreement's term could be effected (the so-called "evergreen provision(s)"). Specifically, Section 11 of the Second Amendment (adding a new Section 6 to the Original Agreement) established rolling one-year Automatic Extensions (as defined in the Second Amendment) that could be terminated upon a twostep noticing process to be initiated by the City.
I II
01240.0001/484692.3
Gary Clifford
George Kieffer
Chris Jeffers
June 26, 2018