This AMENDMENT to the Agreement to Collect, Transfer, Process, Market, and Dispose of Solid Waste, Recyclables and Compostable Materials between the COUNTY OF MARIN (COUNTY) and MARIN SANITARY SERVICE (COMPANY) is made and entered into this ___ day of ______, 2022.
WHEREAS, the COUNTY and COMPANY entered into a written agreement on August 19, 2014, and December 17, 2018 (together the “Agreement”) pursuant to which the COMPANY renders Solid Waste, Recyclable Material and Green Waste collection, processing and disposal services to businesses, residents and government institutions in the COUNTY; and
WHEREAS, certain state laws require cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators, more specifically the ShortLived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the “SB 1383 Regulations”).
WHEREAS, the SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to, by January 1, 2022, provide certain new programs; and WHEREAS, pursuant to the terms and conditions of the Agreement, COUNTY and COMPANY met and conferred and have agreed that COMPANY will be responsible for the programs provided for herein; and WHEREAS, COUNTY and COMPANY mutually desire to amend the Agreement to describe these programs in more detail.
NOW, THEREFORE, it is mutually agreed as follows:
1. Effective Date. This Amendment shall take effect May 1, 2022.
2. Definitions. For purposes of this Amendment, the terms set forth in Exhibit A, attached hereto and incorporated herein, shall have the meanings given to them in such exhibit.
3. Three-Container Organic Waste Collection Services.
3.1. Phased Implementation. COUNTY and COMPANY acknowledge that COMPANY’s Organic Waste Collection routes must be expanded to satisfy the requirements of the SB 1383 Regulations, and that new collection trucks must be procured by COMPANY in order to provide such services.
Beginning May 1, 2022 all new customers will be provided base level of collection service including Recycling Container, Organics Container and Garbage Container collection service. As soon as practicable, COMPANY shall provide Organic Waste collection service to all of its customers within COUNTY who are subscribed to and pay for Solid Waste collection service, unless (i) the customer is categorically exempted under COUNTY’s municipal code from the requirement to subscribe for Organic Waste collection service, or (ii) the customer qualifies for and is granted a State- or COUNTY-issued waiver. COMPANY will work with customers to appropriately size collection containers such that source-separation of all materials is possible 511
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
without any overflow of material, and if any disputes arise or overages occur, the COUNTY will make the final determination on proper container size.
4. Container Colors.
4.1. General Requirement. COMPANY shall ensure that each Container that it newly purchases after May 1, 2022 and provides to a customer serviced under the Agreement conforms to the following designations in distinct colors as required or permitted by CalRecycle: Garbage Containers for collection of Solid Waste, Recycling Containers for collection of Recyclable Materials, and Organics Containers for collection of Organic Waste. In addition, COMPANY shall ensure that all Containers it uses to provide such services to customers serviced under the Agreement conform to such color scheme by January 1, 2036.
4.2. Specific Material Types. Paper products and printing and writing paper, each as defined in the SB 1383 Regulations, may be placed in either the Recycling Container or the Organics Container.
Carpet and textiles may not be placed in either the Recycling Container or the Organics Container.
5. Container Labels.
5.1. General Requirement. COMPANY shall ensure that each Container that it newly purchases after May 1, 2022 and provides to a customer serviced under the Agreement shall be labeled or imprinted with language and/or graphics that clearly indicates the primary items accepted and the primary items that are Prohibited Container Contaminants for that Container type.
COMPANY may comply with this section by using model labeling provided by CalRecycle.
6. Route Reviews.
6.1. General Requirement. At least once annually, beginning in 2022, COMPANY shall conduct a Route Review for each Hauler Route. The number of Containers to review per Hauler Route shall be calculated on the basis of the number of garbage accounts provided service by a specific Hauler Route for one week. For example, “Route A” collects garbage from 250 accounts, 4 days per week for a total of 1,000 accounts per week; include a minimum of 25 accounts for Route Review of “Route A”. For each Route Review of a Hauler Route, COMPANY shall inspect at least the following minimum number of Containers but may inspect more if COMPANY deems necessary; and shall inspect all Containers placed for collection (including Recycling Containers, Organics Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing the contents but shall not require COMPANY to disturb the contents or open any bags.
COMPANY may select the Containers to be inspected at random, or (if mutually agreed with COUNTY) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, COMPANY shall not be required to annually inspect every Container on a Hauler Route.
COMPANY shall include the results of each Route Review in its next regularly scheduled report to COUNTY, as required by Section 9.
512
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
Route Size (# garbage accounts/ week) Minimum Number of Containers Less than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
6.2. Notice of Contamination. If COMPANY observes Prohibited Container Contaminants in a Container during a Route Review comprising ten percent or more of observable container volume, COMPANY shall notify the customer of the violation in writing. The written notice shall include information regarding the requirement to properly separate materials into the appropriate Containers. The notice may be left on the customer’s Container, gate, or door at the time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered personally to the customer within 30 days. COMPANY may dispose of the contents of any Container found to contain Prohibited Container Contaminants and may charge a contamination fee not to exceed the fee in Exhibit C. The notice shall be provided in English and Spanish.
7. Compliance Reviews.
7.1. General Requirement. At least once annually, beginning in 2022, COMPANY shall review the records of its Commercial and Multi-Family customers in COUNTY that are subscribed for at least two (2) cubic yards per week of combined Solid Waste, Organic Waste and Recyclable Materials service, to determine whether such customers are subscribed for Organic Waste collection service or have an applicable waiver. COMPANY shall include the results of each compliance review in its next regularly scheduled report to COUNTY, as required by Section 9.
7.2. Site Visit Requirement. Based on COMPANY’s review of the list of customers requiring site visit compiled in accordance with section 7.1 above, COMPANY shall conduct an annual site visit to each Commercial and Multi-Family customer in COUNTY that is determined to not be enrolled in 3-container organic waste collection service and not be eligible for a waiver based on the COUNTY determination, to encourage those businesses to sign up for SB 1383 compliant Organics Waste service and provide educational material about the law’s requirements.
8. Education & Outreach.
8.1. In, 2022, and annually thereafter, COMPANY shall provide the following to all its customers under the Agreement:
8.1.1.Information on the customer’s requirements to properly separate materials in appropriate containers.
8.1.2.Information on methods for: the prevention of Organic Waste generation, recycling Organic Waste on-site, sending Organic Waste to community composting, and any other local requirements regarding Organic Waste.
513
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
8.1.3.Information regarding the methane reduction benefits of reducing the landfill disposal of Organic Waste, and the methods of Organic Waste recovery contemplated by the Agreement.
8.1.4.Information regarding how to recover Organic Waste.
8.1.5.Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organic Waste.
8.2. The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings and/or on-site visits.
8.3. COMPANY shall provide an educational webpage which includes downloadable copies of all the materials described in Section 8.1, as well as an educational brochure to be provided by COUNTY for edible food recovery outreach.
8.4. Educational materials provided pursuant to the above shall be translated into Spanish.
8.5. COMPANY shall provide educational materials to customers discovered to be out of compliance with the SB 1383 Regulations requirements and report a list of such customers as well as actions taken to the COUNTY on a periodic basis as required by COUNTY.
9. Waivers. COMPANY shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the COUNTY a recommendation to accept or deny waiver requests. COMPANY shall develop waiver application forms and shall provide them to COUNTY for COUNTY approval prior to use. COMPANY shall evaluate requests for exemption or waiver from the Act’s requirements and provide the COUNTY periodic recommendations and supporting documentation to deny or approve waivers, including a site visit and re-evaluation at least every five years as required by the SB 1383 Regulations.
10. Edible Food Recovery. COMPANY shall provide COUNTY with a list of Tier One commercial edible food generators located in their jurisdiction by June 1, 2022 and annually thereafter. COMPANY shall provide COUNTY with a list of Tier Two commercial edible food generators located within their jurisdiction by January 1, 2024 and annual thereafter.
11. Reporting.
11.1. Beginning in, 2022, COMPANY shall provide the following information to COUNTY annually, by February 15 of the year following the reporting year:
11.1.1. For information provided by COMPANY pursuant to Section 8 above:
(a) Copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, emails, and other electronic messages).
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AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
(b) The date the information was disseminated or the direct contact made. For website and social media postings, this shall be the date posted. (c) To whom the information was disseminated or the direct contact made. For mass distributions such as mailings or bill inserts, COMPANY may provide the type and number of accounts receiving the information, rather than listing each recipient individually.
11.1.2. For Route Reviews and Compliance Reviews:
(a) The date the review was conducted.
(b) The name and title of each person conducting the review. (c) A list of the account names and addresses covered by the review. (d) For Route Reviews, a description of each Hauler Route reviewed, including COMPANY’s route number and a description of the Hauler Route area. (e) For Route Reviews, the results of such review (i.e., the addresses where any Prohibited Container Contaminants were found), and any photographs taken. (f) For Compliance Reviews, the results of such review (i.e., COMPANY’s findings as to whether the customers reviewed are subscribed for Organic Waste collection service, have an applicable waiver, or neither) and any relevant evidence supporting such findings (e.g. account records).
(g) Copies of any educational materials issued pursuant to such reviews.
11.1.3. Documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise:
(a) Copies of the form of each notice issued to customers for Prohibited Container Contaminants, as well as, for each such form, a list of the customers to which such notice was issued, the date of issuance, the customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons). This information will also be provided monthly to any other government entity approved by the COUNTY, including but not limited to Zero Waste Marin requests. (b) The number of times notices were issued to customers for Prohibited Container Contaminants.
(c) The number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.
515
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
11.1.4. A description of COMPANY’s process for determining the level of Container contamination under the Agreement.
11.1.5. Reports to COUNTY on customers discovered to be out of compliance with the SB 1383 Regulations, including a list of the customers, the type of violation, actions taken to educate those customers, and contact information for those customers. Such reports shall be provided periodically as required by COUNTY.
12. Section 18988.1 and 18988.2 Compliance. COMPANY is responsible for delivery of all Solid Waste to properly permitted disposal facilities, transfer stations, recyclable materials processing facilities, organics processing facilities, and C&D processing facilities as listed in Exhibit B. The list may be amended from time to time by COMPANY, subject to COUNTY approval of the amended list. Failure to comply with this provision will result in the levy of any Administrative Charge or Penalty that may be provided in the San Rafael Municipal Code and may result in COMPANY being in default under this Agreement. COUNTY hereby approves delivery of Organic Waste to such facility(ies). COMPANY shall comply with its obligations under this Amendment and the obligations that by operation of law are imposed upon it directly pursuant to Chapter 12 of the SB 1383 Regulations.
13. Future Changes. The parties acknowledge that future changes to this Amendment or the Agreement may be desirable to assist the parties with their respective compliance obligations under the SB 1383 Regulations or subsequent amendments thereto or interpretations thereof. The parties agree to negotiate any such proposed changes in good faith. The foregoing shall not be deemed to limit either party’s rights or remedies under the Agreement.
14. Miscellaneous. In the event of any conflict between this Amendment and the Agreement, this Amendment shall govern. Section headings in this Amendment are for convenience only and shall not be used in the interpretation of this Amendment. This Amendment may be executed in counterparts and/or by electronic signature (e.g., DocuSign). As used in this Amendment, “including” and its variants mean “including without limitation.”
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516
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.
COUNTY OF MARIN
By:
Name:
Title:
Date: ____________________________
APPROVED AS TO FORM:
________________________________
NAME, COUNTY Attorney
ATTEST:
________________________________
NAME, COUNTY Clerk
MARIN SANITARY SERVICE, INC.
By:
Name:
Title:
Date: ____________________________
517
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
Exhibit A
DEFINITIONS
“Act” means the California Integrated Waste Management Act of 1989 (sometimes referred to as CIWMA or “AB 939”), Public Resources Code § 40000 and following as it may be amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle. “Recycling Container” means a Container for the collection of recyclable materials as defined in the Agreement. The Recycling Container shall be colored as defined in the SB 1383 Regulations. “Container” means any Cart, Bin or Debris Box.
“Garbage Container” means a Container for the collection of Garbage, which does not include Organic Waste or recyclable materials as defined in the Agreement. The Garbage Container shall be colored as defined in the SB 1383 Regulations.
“Organics Container” means a Container for the collection of Organic Waste and colored as defined in the SB 1383 Regulations. Hardware such as hinges and wheels may be any color. “Food Waste Container” means a Container for the collection of Commercial Food Waste only and colored as defined in the SB 1383 Regulations.
“Hauler Route” means the designated weekly itinerary or sequence of stops scheduled to be performed by one collection vehicle providing regularly scheduled Solid Waste, Recyclable Material or Organic Waste collection services (not on-call or Bulky Item/Abandoned Waste) within the COMPANY’s collection service area under the Agreement.
“Organic Waste” means wastes comprising material originated from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, clean unpainted/untreated wood (with no nails, wire, etc.), paper products, and printing and writing paper, but excluding textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste. No material shall be considered Organic Waste unless it has been segregated by the customer for separate collection.
“Prohibited Container Contaminants” means any of the following:
(a) Non-Organic Waste placed in the Organics Container, including but not limited to textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste;
(b) Organic Waste placed in the Garbage Container that is specifically identified under the Agreement for collection in the Organics Container or Recycling Container; 518
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
(c) Organic Waste placed in the Recycling Container that is specifically identified under the Agreement for collection in the Organics Container. Paper products and printing and writing paper may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in the Recycling Container.
“Route Review” means a visual inspection of Containers along a Hauler Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras.
“SB 1383 Regulations” means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) in 2020 and found in California Code of Regulations Title 14, Division 7, Chapter 12.
For purposes of this Amendment, the following terms (whether or not capitalized) shall have the meanings given to them in the SB 1383 Regulations, unless the context indicates a different meaning was intended:
biosolids, digestate, food, non-compostable paper, paper products, printing and writing paper, sludges. 519
AMENDMENT TO THE REVISED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT TO COLLECT, TRANSFER, PROCESS, MARKET, AND DISPOSE OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS BETWEEN MARIN SANITARY
SERVICE AND THE COUNTY OF MARIN
Exhibit B
FACILITIES
Marin Sanitary Service Transfer Station
1050 Andersen Drive San Rafael CA 94912
Marin Recycling Center
535 Jacoby Street San Rafael CA 94912
Marin Resource Recovery Center
535 Jacoby Street San Rafael CA 94901
520
PREPARED BY:
Gary Clifford
Executive Vice President, Athens Services
(626) 934-4619
[email protected]
SB 1383
PROPOSAL
SB 1383
PROPOSAL
521
2 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy What is SB 1383?
SB 1383 was adopted by the California Legislature
in 2016 and establishes statewide targets to reduce
emissions of short-lived climate pollutants (SLCP) such as methane gas. California’s Department of Resources
Recycling and Recovery (CalRecycle), a California
Environmental Protection Agency department, is the
lead agency responsible for implementation. Organic
waste such as excess food, yard trimmings, paper, and
cardboard make up half of what Californians dump in
landfills. When these materials break down, they emit
powerful greenhouse gases and pollutants, including
methane. SB 1383 is intended to reduce these shortlived climate pollutants.
How Will SB 1383 Impact My City?
This unfunded mandate will impact everyone in the
State of California. The law mandates new recycling
programs, additional outreach and education,
ongoing contamination monitoring, enhanced
reporting and data management, and may require a
change to your waste collection program.
Jurisdiction responsibilities also include:
• Evaluating your City’s readiness and capacity to
implement SB 1383, including organics collection,
recycling and edible food recovery capacity.
• Providing organic waste collection to all residents
and businesses, which means providing service
automatically and not relying on the generator to
subscribe.
• Monitor waste stream contamination levels and
issue violations to residents and businesses who
continue to contaminate.
• Establish edible food recovery program that
recovers edible food from the waste stream.
• Conducting outreach and education to all
impacted parties, including generators and edible
food recovery organizations.
• Procuring recycled organic waste products like
compost, mulch, renewable natural gas (RNG),
and electricity.
• Inspecting and enforce compliance with SB 1383,
including assessing penalties to non-compliant
generators.
• Maintaining accurate and timely records of SB
1383 compliance.
How Will SB 1383 Impact Ratepayers?
Organic waste includes green waste, food waste, and
food soiled paper. Organic material collected will
need to be transported to a processing facility for
composting. Residential ratepayers will be required to
subscribe to organics recycling service. All businesses will need to subscribe to organics service. Large
food waste generators will be required to recover
edible food from their waste stream for donation to
participating food recovery organizations
How will SB 1383 Be Enforced?
Jurisdictions are required to monitor contamination
and impose penalties from $50 up to $500 for those
waste generators that are not properly recycling
organic waste. CalRecycle can issue penalties to
jurisdictions, up to $10,000 per day, for failure to
comply.
Why is a Food Recovery Program Required under SB
1383?
Californians send 11.2 billion pounds of food to
landfills each year, some of which was still fresh
enough to have been recovered to feed people in
need. While billions of meals go to waste, millions
of Californians don’t have enough to eat. To reduce
edible food waste and address food insecurity, surplus
food still safe for consumption will instead go to
food banks, soup kitchens, and other food recovery
organizations to help feed Californians in need.
CALIFORNIA’S SHORT-LIVED CLIMATE POLLUTANT
REDUCTION STRATEGY
What You Need To Know
522
3 SB 1383 IMPLEMENTATION TIMELINE
September 2016
Governor Edmund (Jerry) Brown Jr. set methane
emissions reduction targets for California (SB
1383 Lara, Chapter 395, Statutes of 2016) in a
statewide effort to reduce emissions of shortlived climate pollutants January 1, 2020
Reduce the statewide disposal of organic waste
by 50% from the 2014 level (target: 11.5 million
tons)
January 1, 2022
Regulations take effect and are enforceable. Food
Recovery for Tier 1 Businesses.
January 1, 2025
Reduce the statewide disposal of organic waste
by 75% from the 2014 level (target: 5.7 million
tons)
January 1, 2024
May require local jurisdictions to impose
penalties for noncompliance on generators. Food
Recovery for Tier 2 businesses.
January 2, 2025
Recover 20% of currently disposed edible food
for human consumption.
523
4 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
ABOUT ATHENS SERVICES //
The Athens Way Culture
After more than 60 years, Athens Services remains a family-owned and operated company built on an unwavering commitment to service, its employees, and to the environment. At the core of its success is The Athens Way, a business philosophy that underscores a company culture which:
• Emphasizes superior customer service
• Hire and develop great people while promoting workplace safety • Fosters environmental stewardship through the use of clean technology to increase recycling and landfill diversion
Founded by Jack Arakelian in 1957 as a trash hauling company with just two trucks, today Athens Services is the largest privately held environmental services company in Southern California. With more than a quarter of a million customers in 50 cities and county areas, a fleet of nearly 1,000 vehicles, and a portfolio of facilities that includes three state-of-the art materials recovery facilities and a composting facility, Athens Services’ future is as bright as its storied past.
SERVICE | PEOPLE | ENVIRONMENT
524
TABLE OF CONTENTS //
1 WASTE STREAM ANALYSIS
2 OUTREACH & EDUCATION
3 CONTAMINATION MONITORING: ROUTE AUDITS
4 DATA MANAGEMENT & REPORTING SUPPORT
5 PROCUREMENT SUPPORT
6 FOOD RECOVERY SUPPORT
5 7 ATHENS’ FACILITIES
525
6 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
1. WASTE STREAM ANALYSIS //
Compliance
SB 1383, California’s Short-Lived Climate Pollutant Reduction Strategy, will drive numerous changes across the state. The shift from a residential green waste collection program to an organics collection program, where food waste and food soiled paper are commingled in the green waste container, and transported to a composting facility, will be one of the larger, more noticeable changes for your constituents.
Over the past several months, Athens has been analyzing your current waste stream and conducting waste characterizations of all of the residential refuse/mixed waste loads in your City. These characterizations have provided us with the understanding of how much organic material is currently in those streams, so we can establish a baseline and goals for ensuring that material gets placed in the organics container. These characterizations are instrumental in determining how much outreach and education will need to be conducted to help drive customer behavior to minimize contamination.
Each of the residential routes in your City were evaluated, and the results from those waste characterizations are available upon request. For a more detailed explanation on the methodology used for our waste characterizations, please refer to Appendix A. Also included in Appendix A for your reference, is a detailed description of the acceptable materials that will be allowed in the organics, recycle and refuse containers.
Learn more about how Athens does waste characterizations for the City of Los Angeles recycLA program.
526
7 In order to comply with SB 1383, Athens will need to enhance the existing outreach and education program in your City. This is a crucial step to help drive the change in customer behavior.
Similar to the outreach that is provided under AB 1826, which targets specific customers based on the amount of waste generated, outreach under SB 1383 will be applicable to all customers. Athens will be providing additional team members in your City to help with these efforts. The Athens outreach program will include in-person, print and electronic outreach in your City.
Athens will also track, record, manage and store the data gathered from these outreach efforts, to assist the City in reporting back to CalRecycle.
The Athens outreach team will also provide support to the City through assessing and verifying the circumstances of businesses that may qualify for a waiver. Jurisdictions are required to establish a waiver program and has final authority on approving waivers for service.
Athens will verify, through our outreach team, whether a customer qualifies for a De Minimis, Physical Space, or Collection Frequency Waiver. Athens is unable to issue the final determination, as SB 1383 places that responsibility on the jurisdiction, but we can provide the work needed to help the City with that process.
For a more comprehensive description on our overall outreach approach, please see Appendix B.
2. OUTREACH & EDUCATION //
Effective, results-driven approach to education
ATHENS OUTREACH TEAM:
Lucas Arias, Recycling Coordinator
Athens Team Member Since 2019
Athens Outreach Team
2018 Tabling Event
Angie Park, Organics Recycling Coordinator
Athens Team Member Since 2017
OUTREACH EFFORTS:
In-person
Digital/eletronic
Print
• Presentations &
Training
• Waste
Assessments
• Community Events
& Meetings
• Interactive
Recycling Website
(Recyclist)
• Instructional
Videos
• Social Media
• Signage
• Container Labeling
• Newsletter Articles
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8 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
3. CONTAMINATION MONITORING: ROUTE AUDITS //
Route auditors
SB 1383 mandates regular monitoring of the collection routes, to observe and track contamination in the waste stream. The law provides two options for monitoring: (1) periodic waste characterizations at the processing facility; (2) periodic reviews and audits of the collection routes. Athens has determined the most cost effective approach for compliance with this part of the mandate is by conducting ongoing route reviews.
Athens will provide quarterly route reviews for commercial and residential sectors, to monitor contamination. We will conduct these audits by performing a hands-on visual check, and will document our findings and capture photos of the containers being audited. This information will be housed in our database, and will be available for the City to review as needed.
See more about Athens’ route audit process and contamination monitoring in Appendix C.
ROUTE AUDIT PROCESS:
Document findings
and capture photos
Report information
in database In-person visual check
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9 4. DATA MANAGEMENT & REPORTING SUPPORT //
Dedicated reporting team to oversee data management of recycling efforts SB 1383 requires jurisdictions to monitor contamination, issue notices of violations and report this information to CalRecycle. Athens can provide support with this through our enhanced reporting process.
Athens has developed the infrastructure needed to capture the data required under SB 1383. This includes all the information gathered through our outreach efforts, which includes data such as backhaul/selfhaul programs, waiver information, and container and waste stream photographs.
In addition, the data gathered for contamination monitoring through our proposed route reviews will also be tracked by Athens. This will eliminate the need for your City to have to manage and store this data. This data will be available, as needed, to the City for reporting and compliance purposes.
As part of the outreach, monitoring and reporting the Athens team will be providing, we will have adequate data to support the City with enforcement actions administered.
For more information on how Athens can support with data management and reporting, please refer to Appendix D.
Audit report from a similar City.
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10 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
5. PROCUREMENT SUPPORT //
Procurement
SB 1383 requires jurisdictions to procure recycled organic products on an annual basis. CalRecycle has developed a calculator to help jurisdictions determine how much material would need to be procured.
Athens will help your City comply with this requirement through the use of renewable natural gas (RNG) utilized in our collection vehicles and through the compost produced at American Organics. Over the years, Athens has invested in significant RNG and composting infrastructure in preparation for upcoming regulations.
This has prepared us to help your City meet procurement needs through RNG and compost.
Please refer to Appendix E for additional details on how Athens can support your City’s Procurement requirements.
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11 6. FOOD RECOVERY SUPPORT //
Educating Food Generators on SB 1383
In addition to the reduction of organics disposal,
SB 1383 establishes an additional target that no
less than 20% of currently disposed edible food is
recovered for human consumption by 2025. Food
service establishments will be required to work
with a food recovery organization. Starting in 2022,
Tier 1 edible food generators must arrange to
recover the maximum amount of their edible food
that would otherwise go to landfills and they must
maintain food donation records.
As a waste hauler, Athens scope of work is typically
focused on the “back of house” operations, where
the waste gets placed into the containers we haul.
Food recovery activities take place prior to the
material coming to the “back of house”, or to the
enclosure. However, Athens is able to provide
support with the City’s food recovery program by
providing the outreach needed for food generators
subject to this requirement. Athens will work
with food generators, as part of the site visits
and outreach we provide, to inform and advise
customers how they can develop a food recovery
program. Athens will also work with the City to
help identify Tier 1 and Tier 2 customers as well as
identify potential food recovery partners.
A full description of how Athens can provide
food recovery support to your City is included in
Appendix F.
Learn more about Athens’
food recovery and donation
program.
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12 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
7. ATHENS’ FACILITIES //
Utilizing Innovative Technology
Athens has built the most advanced sustainable green waste and organics composting facility in the region.
American Organics processes more organic waste in a shorter period while producing the highest quality, certified-organic, contaminant-free compost. We do this better than any other facility in Southern California.
Additionally, this facility reduces thousands of metric tons of greenhouse gases (GHGs) annually by diverting organic waste from landfills. The compost produced at American Organics benefits Southern California by diverting organic waste and reducing GHGs.
Athens has invested hundreds of millions of dollars in building and improving materials recovery facilities (MRFs) to help municipalities meet diversion goals and prepare for future recycling regulations. Our Sun Valley MRF is renowned for its innovative technology, impeccable safety record, and green building certification.
A short distance away, Athens is expanding and enclosing Crown Recycling, one of the most comprehensive MRFs in the area. Upon completion, the $50 million renovation will increase facility capacity to 6,700 tons per day (TPD) of organic material, construction and demolition, and mixed solid waste. Our Valley MRF, located in the City of Industry, sorts up to 3,000 TPD. This facility was the first Athens MRF constructed, and has continued to be on the cutting edge of innovation, helping Athens adapt to new mandates like SB 1383.
In collaboration with Komar Industries, Athens recently developed the Organic Separation Press (OSP). The OSP is the first system of its kind to recover organic liquid from waste for reuse. Using a large auger screw, the OSP presses waste to separate nutrient-right organic liquid. The liquid is harvested and transported to a wastewater treatment facility to be converted into renewable natural gas.
All of the Athens facilities are prepared to meet the requirements of SB 1383. This includes, but is not limited to, RDRS reporting, data management, contamination monitoring, load checks and safety practices as outlined in the final regulations published November 2020.
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13 APPENDIX A
Waste Stream Analysis
To analyze and better understand the composition of your City’s refuse/mixed waste stream, Athens conducted waste characterizations of your residential routes. Under current law, it is acceptable to place food waste in the trash. Under SB 1383, food waste needs to be removed from the trash bin and placed in the organics container.
These recent waste characterizations helped Athens identify how much organics (food waste and green waste) is currently in your trash stream.
Approximately 200-400 pounds of material were sampled from each load. From that sampling, the Athens team worked to identify the various organics commodities within that load. Each commodity type was identified, labeled and photographed. The team was able to quantify, how much of each of the organic commodities were in the load sample. This process takes roughly 3-4 hours per load sample. This ensures that we are accurately able to identify and categorize materials. Below is an image that illustrate this process.
The characterizations are designed to identify the volume of organics placed in this stream. The results are used to identify a benchmark and establish goals for implementing a residential organics recycling program in your City. Based on the established goals, we can determine resources needed to be put forth for education and outreach to transition organics into the green waste container program. 533
14 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
APPENDIX A
Waste Stream Acceptable Materials
Athens will provide compliance for your City by collecting residential green waste, food waste and food soiled paper in the organics (green) container. Acceptable materials for the recycle (blue) and trash (black) barrel will be communicated to our customers through our outreach program. Below is a listing of acceptable materials for each of these waste streams.
Green Container Acceptable Items
Green Waste
• Grass clippings
• Flower & hedge trimmings
• Leaves & branches
• Lumber, scrap wood, & plywood types (not painted or treated) • Weeds
Food Scraps (Any putrescible matter produced from human or animal food production, preparation, & consumption activities. No produce stickers.)
• Bread, rice, & pasta
• Cheese & dairy
• Coffee filters
• Flowers & herbs
• Fruits & vegetables
• Meat, bones, poultry, seafood, & soft shells (e.g. lobster, crab, & shrimp) Food-Soiled Paper (All items must be 100% plant-fiber based with NO petroleum, wax, or bio-plastic coating, liner, or laminate. Must be soiled ONLY with food and/or drink liquids. *No bathroom tissue, toilet paper, or feminine products.)
• 100% fiber based, compostable to-go containers & serving-ware • Egg cartons (paper)
• Food-stained paper
• Paper napkins & kitchen towels*
• Paper food boats
• Paper packaging
• Paper plates & cups
• Pizza boxes
Non-Acceptable Organics (Please place in the trash.)
• Rags, clothing, or other cloth/textiles (“plant-fiber” means paper, not textiles.) • Bio-solids or bathroom waste, including tissues or bathroom paper towels. • Disposable diapers
• Pet waste
• Tea bags and tea bag wrappers
• Lint
• Hard shells (e.g. clams, mussels, & oysters)
• Cacti, succulents, and palm fronds
*Athens does not accept paper towels and/or napkins used to clean surfaces due to the use of nonfood related chemicals and potential toxins.
534
15 Black Container Acceptable Items
Acceptable materials in the black container include: • Disposable diapers • Empty aerosol cans
• Pet Waste
• Unusable clothing & fabric
• Tea bags and tea bag wrappers
• Lint
• Hard shells
• All foam
• Garden hoses & plastic tarps
• Bubble wrap
• Latex and plastic gloves
• Empty motor oil
• All receipts
• Bathroom & facial tissues
• Gift wrap with plastic or metal
• Hardback books
• Laminated or plastic coated paper
• Padded or Tyvek-type envelopes
• Photographs
• Candy & protein bar wrappers
• Chip bags
• Disposable coffee cups & lids
• Juice and food pouches
• Bags with a mix of metal & plastic
Blue Container Acceptable Items
Acceptable materials in the blue container include:
• Paper products not included in the organics stream
• Printing and writing paper
• Commingled recyclables such as aluminum/tin foil and trays (clean)
• Aseptic containers, juice boxes and milk cartons
• Cans (aluminum, bi-metal, and tin)
• Cardboard
• Envelopes
• Glass bottles and jars
• Junk mail; magazines
• All metal
• Newspaper
• Office paper
• Paperback books
• Paper grocery bags
• Clean plastic bags, film plastic (grocery, dry cleaning) • Plastic containers (1-7)
• Shredded paper (bagged)
• Wrapping paper (with no metal)
NO! / ¡NO!
LANDFILL ONLY
SOLO BASURA PARA EL VERTEDERO
Your Zero Waste Partner (888) 336-6100 AthensServices.com NO! / ¡NO!
RECYCLABLES ONLY
SOLO RECICLABLES
NO LIQUIDS
OR FOOD/
NO LIQUIDOS O COMIDA
*Bagged shredded paper /
papel triturado en bolsa
Your Zero Waste Partner (888) 336-6100 AthensServices.com Container Colorization
Athens will work with your City to determine the best approach to phase in new, SB 1383 compliant containers.
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16 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
APPENDIX B
Outreach and Education
Athens Services currently provides outreach and education for customers subject to AB 341, AB 1826 and AB 827. SB 1383 will have an impact on all customers, and much effort is needed to help customers with this transition. Athens Services can provided enhanced outreach and education efforts to help the City comply with SB 1383. Outreach will be provided through print, in-person and electronic communication on an annual basis.
Outreach materials will be translated into the appropriate languages spoken in your community. Athens will also keep copies of all outreach provided and will track and document which customers received the outreach.
This includes tracking all social media activity.
Content that will be communicated to customers include:
1. How to properly sort waste
2. How to prevent organic waste generation
3. Methane reduction benefits
4. Public health and safety & environmental impacts
5. Edible Food Recovery
6. Self-haul requirements (if applicable)
Below is a summary of the Athens outreach plan for your City.
Recycling Coordinators
Athens’ Recycling Coordinators (RC’s) are trained recycling exports with a niche for conducting outreach and education. Recycling Coordinators will lead the outreach efforts in your City by utilizing a variety of tools to engage with customers. Whether in-person or virtually, recycling coordinators will ensure the community has the right resources for a successful recycling and organics program.
RC’s will provide site visits to all commercial and multifamily customers and conduct waste assessments, which will include:
• Comprehensive waste audit
• Detailed waste management and recycling strategies
• Customer personnel training
• Effective signage, location placement, and maintenance suggestions • Container types, sizes, and pick-up frequency recommendations Many customers cannot be onsite or do not feel comfortable participating in onsite assessments, given concerns that have arisen due to COVID-19. Our RC team can conduct virtual waste assessments where we engage the customer over the phone or through a Zoom meeting to go through the site visit’s details and our findings. We ask the customer several questions about their business or multifamily site, gather and document this information for future use, and make recommendations on service levels. 536
17 We also have the ability to video record our onsite waste assessments for clients, when necessary. The video will include suggestions and be available to the appropriate parties. We will also follow up with additional input and resources. The RC and client can review the video together or separately. This approach is essential for our multifamily accounts, which might have out-of-state managers or have COVID-19 (or other health concerns) limitations.
As part of our customer visits, customers will receive recycling signage and training on additional resources.
Athens’ recycling resources are available on www.athensservices.com/outreach/ for download, promoted via social media, distributed with e-mail blasts or mailed based on the customer’s preferred method of contact.
Outreach & Education App
Athens has developed an Outreach and Education application “App” to help track customer interactions. The application was designed specifically for use in the field by Recycling Coordinators. The app collects customer information, along with additional vital information pertaining to the waste and recycling program. We will use the data to target specific customers for outreach on recycling, organics, contamination, and edible food recovery.
Data Collected by the Outreach and Education App
• Contact information, service and billing address, service levels, and routing information
• Date and Time of trainings
• GPS link to service and bin location
• Photos of bin locations, enclosures, and inside the containers. • Container information, including lock lids, custom bin sizes, and measurements
• Site information, including any safety hazards, gate codes, or special access instructions.
• Customer implementation of recycling and organics signage and interior containers for employee, tenant, and customer use.
• Reasons why customer refused outreach material or services offered. • Contamination training, including participants and pictures • Types of material in waste stream the customer throws away and estimated volumes.
• Customer’s interest and previous attendance in recycling and organics training
• AB 1826 and SB 1383 compliance questions, including if they have any implementation issues, refuse service, and if they are or should be participating in edible food recovery.
The data collected can be utilized for regulatory compliance of a multiple recycling mandates. 537
18 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy Print & Electronic Tools
Our marketing team has perfected digital marketing
for community engagement. Today, Athens’ social
media averages an industry-leading 17% follower
engagement. This figure is not only higher than the
industry average but also higher than the national
average. We will utilize this high engagement to
connect with the community and other prominent
organizations to convey important dates and service
information. Athens is currently active on the
following platforms:
While we prioritize digital marketing to minimize
paper consumption, we realize that some customers
prefer mailers and handouts. Therefore, our
marketing team will also develop community hard
copy collateral to help educate your residents and
businesses.
Athens will provide quarterly newsletters to both
residential and multifamily customers by mail in their
bill or electronically. Newsletter content will include service notifications and tips on proper sorting and
usage. These newsletters will contain legislative
information, as well as general information about the
City’s overall waste and recycling program, including
food recovery programs.
Athens will continue to distribute our annual
legislative brochure as a billing insert, by mail or
electronically.
Athens has developed video content containing
various waste and recycling training topics, and we
continue to grow our content library. These videos will be available to all customers to help further provide
support as needed.
Interactive Ultimate Recycling Guide
Athens’ “What Goes Where Guide” is your interactive
zero-waste guide for correctly reusing, recycling, and
composting unwanted items. In collaboration with
Recyclist, Athens has developed this innovative guide
to help customers and communities identify the
proper stream for more than 350 materials types. The
interactive zero-waste guide provides:
• User friendly and promotes recycling
• Fully customizable and tailored to City needs
• Illustrate tips on reusing, reducing, and recycling
of 300+ everyday items
• Educational content about disposal options, safe
handling, and alternative recycling options
• Local information about drop-off and collection
programs
• Work seamlessly across devices with no
download required
• Provide mobile-friendly information with SEO
(Search Engine Optimization)
• Allow users to stay up-to-date with accurate
information
• Update easily and quickly given editorially
supported services
• Quantify utilization and traffic with Google
Analytics
Instagram
Facebook
LinkedIn
YouTube
Twitter
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19 APPENDIX C
Contamination Monitoring: Route Audits
SB 1383 places the responsibility of contamination monitoring on the jurisdictions. Athens is able to help with this requirement by providing quarterly route reviews of organic collection routes. Reviews are conducted to monitor contamination levels in waste stream. Athens has a trained team of professional auditors dedicated to route reviews. Athens recently developed new technology that enhances the process.
Route Review Process
On a quarterly basis, the Athens will audit approximately 20% sampling of organic routes, both residential and commercial. A residential route has approximately 1,000 customers per day, therefore we will target a sampling of roughly 200 customers per day per route. Commercial organics routes have roughly 130 stops per day. There we will target approximately 30 customers per route per day.
Route Review App
Route reviews are completed utilizing a custom app to help with this process. The app is similar to the Outreach and Education app. The Route Review app enables our auditor team to track customers volumes and contamination levels. The app guides auditors through a series of questions. The app also has the ability for our team to upload photos of audited locations and containers, which will be made available to the City for CalRecycle reporting purposes. Below is a screen shot of the route review app:
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20 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy Route Review Dashboard
In addition to the Route Review app, Athens has developed a user friendly dashboard that summarizes and populates the data collected from the route reviews. This dashboard contains information on the total number of customers audited, total number of containers contaminated, the contamination percent, as well as a map of the areas audited. This dashboard will be made available to the City, for regular monitoring.
Athens will store and manage this data on behalf of the City and provide the data needed for the City to submit to CalRecycle for required reporting.
Notice of Violation
The information gathered from the quarterly route reviews will help Athens’ Outreach Team target outreach efforts to minimize contamination, and will provide the backup validation to issue violation notices as required under SB 1383. This notice will be issued on behalf of the City to the generator who is contaminating the waste stream. It will include information regarding the contamination and will include photographic evidence of the violation. Notices will be emailed or mailed based on the customer’s preference. 540
21 APPENDIX D
Data Management & Reporting
Athens Services utilizes its Soft-Pak customer database to monitor and report activity. Utilizing customized tracking codes specific to your City, Athens will monitor outreach and education and incidents of contamination. Using Athens’ fully customized recycling coordinator mobile app, and route review app, Athens can quickly and accurately report site visits, waste assessments, and service level adjustments in our Soft-Pak database.
Container Contamination Reporting:
SB 1383 requires jurisdictions to provide record keeping for container contamination. Athens will provide the support needed to the City for this requirement. Athens will keep copies of the following, which will be available to the City upon request:
1. A description of the jurisdiction’s process for determining the level of container contamination.
2. Documentation of route reviews conducted.
3. Copies of all notices issued to generators with prohibited container contaminants.
4. Documentation of the number of containers where the contents were disposed due to observation of prohibited container contaminants.
5. The number of hauler route reviews conducted.
6. Description of the process for determining the level of contamination.
7. Summary report of non-collection notices and/or contamination processing fee assessment notices issued, which for each notice shall include the date of issuance, customer name, and service address.
8. A record of each inspection and contamination incident, which shall include, at a minimum:
• Name of the Customer
• Address of the Customer
• The date the contaminated Container was observed
• The staff who conducted the inspection
• The total number of violations found and a description of what action was taken for each • Copies of all notices, and enforcement orders issued or taken against generators with prohibited container contaminants
• Any photographic documentation or supporting evidence
9. Documentation of the total number of containers disposed of due to observation of prohibited container contaminants.
10. A list of all customers assessed contamination processing fees reported separately by residential, multifamily, and commercial premises customers and including the customer name, customer address, and reason for the assessment of the contamination processing fee, and the total number of instances contamination processing fees were assessed in the month and the total amount of fees collected in the month.
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22 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy Complaint Reporting
Athens will maintain a record of all SB 1383 non-compliance complaints and responses to track the following information:
1. Total number of complaints received and total number of complaints investigated.
2. Copies of documentation recorded for each complaint received, which shall at a minimum include the following information:
• The complaint as received
• The name and contact information of the complainant, if the complaint is not submitted anonymously • The identity of the alleged violator, if known
• A description of the alleged violation; including location(s) and all other relevant facts known to the complainant
• Any relevant photographic or documentary evidence submitted to support the allegations in the complaint
3. Copies of all investigation reports, which shall include at a minimum:
• The complaint as received
• The date Athens investigated the complaint
• Documentation of the findings of the investigation
• Any photographic or other evidence collected during the investigation • Athen’s recommendation to the City on whether or not the entity investigated is in violation of SB 1383 based on the investigation
Generator Waivers
Athens will provide a report that documents each generator waiver request. This report will identify the generator name and service address, the type of waiver requested, and the status of the waiver (accepted, denied, pending).
Outreach Reporting
1. A copy of all education and outreach materials provided to generators, but not limited to: flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings.
2. A record of the date and to whom the information was disseminated or direct contact made, in the form of a list that includes: the generatorʹs name or account name, the type of education or outreach received; the distribution date, and the method of distribution.
3. The number of organic waste generators and commercial edible food generators that received information and the type of education and outreach used.
4. Athens will maintain a record of the date, a copy of the any mass distribution mailings or billing inserts, and the type and number of accounts that received the information.
5. A copy of electronic media, including the dates posted of: social media posts, email communications, or other electronic messages.
542
23 6. Records of all technical assistance efforts conducted, including:
• The name and address of the customer/generator receiving technical assistance, and account number, if applicable.
• The date of any technical assistance conducted and the type of technical assistance, including, but not limited to: site visits, waste assessments, compliance assessments, direct outreach, workshops, meetings, events, and follow-up communications.
• A copy of any written or electronic educational materials distributed during the technical assistance process.
7. A copy of all special event reports submitted to the City in accordance with Section 4.4.6 of the Agreement.
Food Recovery Program Support
1. The total number of generators classified as Tier 1 and Tier 2 commercial edible food generators located within the City.
2. The number of food recovery services and food recovery organizations located and operating within the City.
3. The number of generators participating in the edible food recovery program.
APPENDIX D (cont.)
Data Management & Reporting
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24 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
APPENDIX E
Procurement Support
Commencing January 1, 2022, a jurisdiction shall annually procure a quantity of recovered organic waste products that meets or exceeds its current annual recovered organic waste product procurement target as determined by CalRecycle’s procurement calculation. Athens has confirmed it can assist your City in meeting the procurement requirements through the renewable natural gas utilized in our collection vehicles and through providing compost to your City.
Renewable Natural Gas
Athens has eliminated 10,549 metric tons of climate-altering greenhouse gas emissions since 2012, which is the equivalent of:
• 26,176,000 miles driven by an average passenger vehicle • 1,700 Homes Powered by electricity for one year
• 1,187,000 Gallons of gasoline consumed
Investing in Clean Technology and Renewable Fuels
Our collection fleet is currently over 90% natural gas vehicles (NGVs) – the cleanest refuse vehicle commercially available. In 2008, we committed to never adding a diesel vehicle to our collection fleet. We are committed to retiring all diesel vehicles and making our entire collection fleet 100% natural gas vehicles by 2023.
Renewable Fuels
Over four years ago, Athens began investing in renewable natural gas (RNG)—a low carbon, renewable fuel that is made from existing organic waste streams. As of 2019, renewable natural gas now composes 89% of our total natural gas fuel use, which will continue to increase in the coming years.
Why Does Athens Use Natural Gas Vehicles?
• Reduce Emissions: The newest natural gas engines produce 90% fewer NOx emissions than the EPA’s current heavy-duty emission standard.
• Minimize Maintenance: NGVs have no messy Diesel Particulate Filter (DPF) regeneration or waste and have no diesel exhaust fluid.
• Quieter in Communities: NGVs have engines 10 decibels quieter than their diesel equivalent, reducing noise pollution in neighborhoods.
• Minimal Downtime: NGVs can run 600+ miles of daily operation without compromise. • Safer for Residents and Drivers: When compared to traditional diesel vehicles, natural gas vehicles provide a safer experience for drivers and residents by eliminating exposure to diesel fumes and odor. • Utilize Locally Produced Fuel: NGVs, when fueled with RNG, utilize a renewable fuel produced in-state. 544
25 What is Renewable Natural Gas?
Renewable natural gas (RNG) is a renewable fuel made by harnessing methane emitted by organic waste. The methane can be harnessed from food and green waste, wastewater treatment plants, landfills, dairy farms, and forest management. The methane is captured, cleaned, and injected into the existing natural gas pipeline so that it can be transmitted and stored anywhere in the state. Once processed, RNG is a drop-in replacement for conventional natural gas and can be used to fuel natural gas vehicles.
Composting
Athens recently invested in a multi-million dollar redevelopment effort of our American Organics facility in preparation of the upcoming SB 1383 mandate. To read more about our facility and how it operates, please refer to the attached article https://athensservices.com/wp-content/uploads/2020/08/CASP-White-PaperFinal.pdf.
American Organics
American Organics is another facility in the Athens family that is on the cutting edge of tech innovation.
Located in Victorville, the site recently completed major renovations at the 700 tons per day facility, with the ability to divert 85% of organic material. The redesigned facility was converted from a traditional windrow, outdoor windrow composting system to a Covered Aerated Static Pile (CASP) system. The renovation included a 22,000-square-foot, covered processing center that will process 50 tons per hour on a fully automated processing line.
American Organics material is Certified Organic by CDFA. It is OMRI certified, ensuring that both Organic and Conventional operations can utilize it, and thus our material is available to 100% of users within the category.
We are a member of the United States Compost Council and maintain certification using their authorized thirdparty laboratory for analytical testing or labs. These labs are a critical tool for product evaluation and quality. 545
26 Athens Services: SB 1383 Short-Lived Climate Pollutant Reduction Strategy
APPENDIX F
Food Recovery Support
Athens can provide support to the City with their Food Recovery program. Below is a summary on how Athens can partner.
No later than January 1, 2022, Athens will identify all commercial customers that meet the definition of Tier 1 and Tier 2 Commercial Edible Food Generators and provide a list of these customers to the City, which shall include:
• Customer name
• Service address
• Contact information
• Tier One or Tier Two classification
• Type of business (as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions).
Athens will work with the City to help identify food recovery partners that can provide support to Tier 1 and Tier 2 customers. The list of qualified food recovery partners will be placed on the Athens food donation webpage, for customers to access. You can view this information at www.athensservices.com/fooddonation/.
At least annually, Athens provide Commercial Edible Food Generators with the following information:
• Information about the City’s Edible Food Recovery program • Information about the Commercial Edible Food Generator requirements • Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found • Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste
Athens will also provide the education information required by SB 1383 by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to commercial businesses. An example of our food recovery outreach material is included below:
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27 SERVICE | PEOPLE | ENVIRONMENT
547
City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 05-10-22 17:00
Agenda Name Comments Support Oppose Neutral
b. REPORT 22-0299 CONSIDERATION OF PROPOSALS REGARDING
THE EXTENSION OF AGREEMENTS BETWEEN
THE CITY OF HERMOSA BEACH AND
ARAKELIAN ENTERPRISES, INC (DBA ATHENS SERVICES)
FOR SOLID WASTE MANAGEMENT SERVICES AND
STREET SWEEPING AND CLEANING SERVICES
(Environmental Programs Manager Douglas Krauss)
8 0 6 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for b. REPORT 22-0299 CONSIDERATION OF PROPOSALS REGARDING
THE EXTENSION OF AGREEMENTS BETWEEN
THE CITY OF HERMOSA BEACH AND
ARAKELIAN ENTERPRISES, INC (DBA ATHENS SERVICES)
FOR SOLID WASTE MANAGEMENT SERVICES AND
STREET SWEEPING AND CLEANING SERVICES
(Environmental Programs Manager Douglas Krauss)
Overall Sentiment
Ryan Krueger
Location: 90254, Hermosa Beach
Submitted At: 2:25pm 05-10-22
Do not renew any contract or give concessions until they respond to customer complaints. They continue to backup their trucks and sweeper on the Strand from Herondo to 2nd Street each morning before 8:00 am.
Citizens have written about this annoyance and Athens has continued to ignore the residents. Our City Manager has refused to give Athens any push back and when contacted by citizens, Athens is unsympathetic claiming that 548
they have the legal right to do this. I am certain the problem could be resolved if the Council required them to do it.
Dean francois
Location:
Submitted At: 2:01pm 05-10-22
This city council should not renew the Athens contract.
I am well aware, even more so than ever after knocking door-to-door in my recent city council campaign, there have been numerous complaints from many about the services of Athens and the city does not have a system to track nor the ability to correct the complaints. This is a serious problem and should not be tolerated anymore. I assured residents that this should be addressed at renewal time and a complaint tracking system be implemented at their expense.
We should have a new request for proposal, and go out to bid and ensure that a new contract has incentives and penalties for correcting / not correcting problems, as most municipalities do. The expense of going out for a bid can be reimbursed to the city by the winning bidder.
My own experience is that one gets nowhere when they call Athens and again there is not much help from the city. It is also rather disturbing that we have not migrated towards modern vehicles that can accommodate our needs including quieter Electric vehicles.
There are a number of complaints that people have. Too many to list. The most common include: 1) street sweepers not being able to turn around at the end of streets such as The Strand, They go in reverse with strong Backup noise early in the morning. 2) Many loud noises very early in the morning hours. 3) other complaints of noise pollution 4) dumpsters overflowing, 5) not providing dumpster capacity, forcing garbage piling up illegally outside of the dumpsters. 6) dumpsters left in the street blocking traffic, interfering with line of sight problems and safety in our streets.
These problems are not new to the city. However, the city has no documentation of the amount or complexity of the problems. The same problems have been addressed by myself and others the last time this contract was up for renewal and nothing was done. The problems were not addressed at all and the contract was renewed. We are now today in the same place.
Please take action to correct this inequity and give us citizens the service we deserve. Thank Robert Aronoff
Location: 90254, Hermosa Beach
Submitted At: 1:25pm 05-10-22
Athens should not get any further contract extensions or concessions until it stops backing up its trucks and sweeper on the Strand from Hernando to 2nd Street each morning before 8:00am, or anytime. Citizens have written the past about this annoyance and Athens has continued to ignore the residents. They could easily turn their vehicles around at Hernando and at several spots all the way to 2nd Street. Our City Manager has refused to give Athens any push back and when contacted by citizens Athens is unsympathetic claiming that the have the legal right to do this. I am certain the problem could be solved if the Council required them to do it. Athens’ predecessor was able to accomplish the task without disturbing all the residents on the Strand.
Howard L
Location:
Submitted At: 11:55am 05-10-22
Council,
This is an additional supplemental to the one I submitted earlier. The RFP should also include the consideration of "SINGLE STREAM" as the prior bidders had even indicated was more practical. Athens at the time indicated they sorted all the trash whether recycled or otherwise. Having three sets of ULTRA NOISY, DANGEROUS, PAVEMENT DESTROYING, POLLUTING, ENERGY WASTING trash trucks going down all the 30+ miles of streets in this town every week is technologically ridiculous in 2022. The Trash Companies should be the ones sorting every ounce of trash. Time to move into the 21st Century and end this nonsensical way of handling Trash. 549
BOTTOM LINE, RFP IS THE ONLY REAL OPTION WITH THIS ITEM. test test
Location:
Submitted At: 12:26am 05-10-22
test test
Dan Woodside
Location: 90254, Hermosa Beach
Submitted At: 5:04pm 05-09-22
Athens needs to be held accountable for their terrible customer service and entitled attitudes. A city contract is not a license to be rude. Time to fix this.
Kevin Schmitz
Location: 90254, Hermosa Beach
Submitted At: 11:46pm 05-08-22
I’ve lived on the Strand for 12 years and I’m fed up with Athens.
Athens does not provide any recycling bins on the beach as their predecessor did. 90% of beach trash can be recycled but e everything is going to landfills.
Athens should not get any further contract extensions or concessions until it stops backing up its trucks and sweeper on the Strand from Hernando to 2nd Street each morning before 8:00am, or anytime. Citizens have written the past about this annoyance and Athens has continued to ignore the residents. They could easily turn their vehicles around at Hernando and at several spots all the way to 2nd Street. Our City Manager has refused to give Athens any push back and when contacted by citizens Athens is unsympathetic claiming that the have the legal right to do this. I am certain the problem could be solved if the Council required them to do it. Athens’ predecessor was able to accomplish the task without disturbing all the residents on the Strand.
Robert Aronoff
Location:
Submitted At: 1:28pm 05-08-22
Athens response to customer complaints is horrible. They have a bad attitude and their contract should not be renewed.
550
From: Howard Fishman
To: Myra Maravilla
Cc: City Clerk
Subject: Supplemental to Athens Trash Contract
Date: Tuesday, May 10, 2022 12:17:37 PM
Dear City Clerk
Appreciate adding this to the above staff report. Thanks Please conduct an RFP for trash services and not simply hand over this lucrative contract to Athens Trash.
I was on the City Council when this contract was awarded to Athens. Both Jeff Duclos and myself visited and analyzed every competing trash hauler proposal to ensure residents and businesses would receive the best pricing and quality service.
It was only through this RFP process that we were able to do this. Further, there is no cost to conduct this RFP.
Transparency and competition is crucial to getting the best trash deal possible for our community Howard Fishman
1133 7th Place
Hermosa Beach CA 90254
310 422-1101
551
Council, RE: Municipal Matters Item-B (Athen’s Contract / RFP) May 10, 2022 With all due respect kindly do not get sucked into not placing this lucrative (Presently Athens) trash contract out to bid via a real RFP (Request For Proposal) process..
Nothing will preclude Athens from putting in a bid, along with other companies.
The cost for the RFP process will be borne by the winning bidder if the RFP process is set up correctly.
You have today; no one in city who has the expertise to negotiate with the professionals of Athens who negotiate routinely with many bureaucrats and politicians in many cities.
When Athens received this contract there were three very good bids. Also the City Councilmembers at that time all took their time to do their due diligence and didn’t turn it completely over to city bureaucrats, who don’t even live in the city, to do the nuts and bolts of real negotiating and gathering of information. There were also real Public Hearings, many, not the kind of sham Public Hearings that are the hallmark of today’s Hermosa Beach City Council and City Manager Suja Lowenthal and as instituted the past 4 awful years. Your Council is the absolute worst in that regard.
DO NOT COMPARE HERMOSA BEACH TRASH RATES with other cities!. Hermosa Beach has many small units in a very compact area. The other cities have larger properties with greater trash output per property and with many other situations that make them more expensive to haul trash from per residential unit or business. DON’T USE THE TIRED SMOKE AND MIRRORS and MONKEY SEE MONKEY DO ANALYSIS. THIS IS NOT SANTA MONICA, LONG BEACH.
I can see already that what is written in this staff report is little more than convoluted gobbled-gook
This matter should be placed out with a real RFP, so why in Hell is anything else even proposed? WHY? You should get at least four solid bids and then and only then know what the true new contract should be, especially after having real public hearings and doing your own real non-lazy due diligence in representing your constituents. Stop giving away the residents and businesses interests with these insider/slider bureaucrat negotiated bids. People are wondering more and more if Hermosa Beach is turning into a Bell, California?
If you on the City Council are too lazy to work on the proposals, i.e., go out to the trash companies that give bids, to see their operations, learn what’s going on, as the prior councils have done, than you should get off the council. You’ve met the enemy. It’s you and your own laziness. You’re not serving the people. You’re only grifting, and acting important, while fooling no one.
Stop with taking the lazy-ass, easy course. And while you’re at it, on your other matters item / future agenda items, direct that the more-than-lucrative Million-Dollar-Plus per 552
year City Attorney Services Contract billings are to also be placed out to bid via a real RFP process. There is much, much, much for way, way, way too long a far-to-cozy relationship with your for 28-years never-rebid City Attorney Services and all the newbies Michael Jenkins has been morphing into the city to perhaps take over the nobid operation as he perhaps retires before he’s as ancient as I. With three attorneys still sitting on the City Council itself (and that’s 3 too many) Cozy is perhaps an understatement.
These are my views as one who is tired of seeing this present anti-transparency Hermosa city council becoming lazier and lazier and with your City Manager, Suja Lowenthal, apparently being the laziest of all, perhaps also spending too much city time picking out her next outfit at Nordstrom’s to wear to a meeting, now that she may feel obligated to appear at some in person again. How you on the City Council can be so lazy at such young ages (except for perhaps Mary being older) is beyond me. Also if you have too much outside work to do, than that’s another reason to get off the Council, and use what extra time you have for your family rather than pretending to serve Hermosa Beach.
YOU SHOULD NOT BE ON THE HERMOSA BEACH CITY COUNCIL if you don’t have the time to do the job right. And you should not be City Manager grifting $330 Thousand or more in pay and benefits if you are not working a 40 hour PLUS week for the city doing real work, not just sitting up in a luxury home in RPV making like you are doing city work.
Thank You,
Howard L.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0297
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
APPROVAL OF A LETTER SUPPORTING SOUTH BAY
REGIONAL HOUSING TRUST LEGISLATION AND
BUDGET REQUEST
(Interim Community Development Director Angela Crespi)
Recommended Action:
Staff recommends City Council:
1. Authorize the Mayor to sign a letter of support (Attachment 1) on behalf of the City regarding the South Bay Cities Council of Government (SBCCOG) South Bay Regional Housing Trust Legislation and Budget Request, which would provide loans to facilitate the construction of affordable housing in participating South Bay cities; and
2. Submit the letter to key legislators and local stakeholders.
Executive Summary:
The South Bay Cities Council of Government (SBCCOG) is considering the creation of a regional housing trust, specific to South Bay cities, through a joint powers authority (JPA) to fund and finance the planning and construction of affordable housing. If created, the South Bay Regional Housing Trust could facilitate affordable housing in participating South Bay cities by making the construction of affordable housing more appealing to developers. The SBCCOG is seeking conceptual support for the proposed legislation and request for seed funding from the state budget prior to its introduction in June 2022.
Background:
As a leader in exploring regional issues, the SBCCOG has been studying the matter of affordable housing, evaluating various regional housing trust models, and seeking to determine whether SBCCOG should consider moving forward with a subregional/multijurisdictional regional housing trust. In evaluating this issue, the SBCCOG has examined the San Gabriel Valley Council of Governments (SGVCOG) formation of the San Gabriel Valley Housing Trust Fund (SGVHTF).
Established two years ago through Senate Bill (SB) 751, the SGVHTF allows member San Gabriel Valley cities to bring additional affordable housing resources to the San Gabriel Valley region using funding from both state and federal sources. The SGVHTF has received at least $21,000,000 from the State and $3,000,000 from the federal government for 2021, as well as some funding from City of Hermosa Beach Page 1 of 4 Printed on 5/6/2022
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REPORT 22-0297
the State and $3,000,000 from the federal government for 2021, as well as some funding from Measure H and Regional Early Action Planning funds from Southern California Association of Governments. The SGVHTF has funded two projects of 71 units and are working on two more projects of 175 units. An additional 14 projects containing 800 additional units are in the pipeline. All units built under the SGVHTF to date are affordable housing.
At its April 11, 2022 meeting the SBCCOG Board of Directors approved a motion to move forward on the South Bay Regional Housing Trust in the following ways:
· Support requesting State legislation to form a South Bay Regional Housing Trust; · Support requesting seed funding from the state budget; · Direct Board Members to return to their respective city councils to find out if their city is interested in being a charter member of a regional housing trust should it be created; · Form a subcommittee of the Board to work on bylaws and Joint Powers Authority (JPA) documents;
· Cities will submit letters to the SBCCOG as soon as possible informing of their city’s intention to participate; and
· Board Member and Hermosa Beach Councilmember Stacey Armato will present to city councils as requested to answer questions and explain the trust in further detail.
At its December 21, 2021 meeting, City Council adopted a comprehensive Amendment to the Housing Element for the 2021-2029 Planning Period. The adopted Housing Element Policy Plan includes a commitment to “investigate opportunities to either establish a new housing trust fund or participate in existing trust fund programs in order to expand the availability of financial assistance for affordable housing.”
Past Council Actions
Meeting Date Description
December 21, 2021 City Council adopted a comprehensive Amendment to the Housing Element for the 2021-2029 Planning Period
Discussion:
The SBCCOG is considering the creation of a regional housing trust, specific to South Bay cities, through a joint powers authority (JPA) to fund and finance the planning and construction of affordable housing projects. If created, the South Bay Regional Housing Trust could facilitate affordable housing in participating South Bay cities by making the construction of affordable housing more appealing to developers.
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A seven-member Board of Directors consisting of five SBCCOG board members and two local experts with experience in housing or homelessness would govern the South Bay Regional Housing Trust. The SBCCOG Board of Directors would appoint members to the housing trust board and staffing would likely be provided through a contract with the SBCCOG. Membership in the South Bay Regional Housing Trust JPA would be voluntary and open to cities within the SBCCOG.
Administration of the South Bay Regional Housing Trust would likely be funded through a dues structure paid by the member cities, however, the exact structure and amount is still to be determined. It is also possible that state and federal earmarks and grants may be utilized to offset some of the cost. Outside of the administrative costs, the trust would be otherwise funded through state and federal budget requests (“earmarks”), state and federal grants, and through private funding.
Functionally, the South Bay Regional Housing Trust would only consider a development that has the approval of a member city. The SBCCOG also envisions that the trust could also address the “sustainability” of the housing-encouraging opportunities to promote walking, cycling, and travel using zero-emission local use vehicles.
The SBCCOG met with staff from Senator Ben Allen’s and Assembly Member Al Muratsuchi’s offices to discuss housing trust formation legislation and a budget request. Both offices indicated support for the concept; intention to identify legislative avenues that could be pursued to create a South Bay Regional Housing Trust; and explore funding opportunities in the state budget. At this time, SBCCOG legal counsel as well as their Legislative Committee have begun drafting the JPA documents, bylaws, and other administrative procedures needed to form the South Bay Regional Housing Trust.
The proposed legislation is included as Attachment 3.
Staff recommends City Council discuss and provide direction regarding a letter of support and, if possible, whether Council would be interested in being a charter member of the regional housing trust should it be created.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term City of Hermosa Beach Page 3 of 4 Printed on 5/6/2022
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REPORT 22-0297
and discourage decisions that provide short-term community benefit but reduce long-term opportunities.
Goal 4. A leader and partner in the region.
Policies:
· 4.1 Regional governance. Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City. · 4.3 Collaboration with adjacent jurisdictions. Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1. Draft Letter of Support
2. Frequently Asked Questions - SBCCOG
3. Proposed South Bay Regional Housing Trust JPA Formation Legislation
4. Link to December 21, 2021 Staff Report
Respectfully Submitted by: Angela Crespi, Interim Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 May 10, 2022
The Honorable Drew Boyles, Board Chair and
Members of the Board
South Bay Cities Council of Governments
2355 Crenshaw Blvd., Suite 125
Torrance, CA 90501
Re: Support for South Bay Regional Housing Trust Legislation and Budget Request Dear Chair Boyles and Members of the Board:
On behalf of the City of Hermosa Beach, I offer our support in concept for legislation requested by the South Bay Cities Council of Governments’ (SBCCOG) Board of Directors that would create a South Bay Regional Housing Trust. Our city is also supportive of the budget request for seed funding.
Residents throughout the State face an unprecedented housing affordability crisis. Our city intends to work with the SBCCOG as it further explores the feasibility of a regional housing trust that could facilitate the development of affordable housing in participating South Bay cities. [Optional addition if Council supports joining the South Bay Regional Housing Trust in concept:
At this time, understanding this is not a firm commitment, our city expects to be a charter member of the trust.]
We look forward to the final bill language as we further explore the possibility of joining the South Bay Regional Housing Trust should it be created.
Sincerely,
Michael Detoy, Mayor
City of Hermosa Beach
Copy: Ben Allen, Senator, [email protected]
Al Muratsuchi, Assemblymember, [email protected] Jorge Morales, Legislative and Governmental Affairs Consultant, California Contract Cities Association, [email protected]
Jeff Kiernan, Regional Public Affairs Manager, Cal Cities [email protected] 558
QUESTIONS & ANSWERS:
Question: Would moving forward with the formation legislation commit a city to participating in the SBRHT?
Answer: No. Moving forward with formation legislation is the first step. Seeking official members would be a subsequent process facilitated by the SBCCOG.
Question: Would participation in the SBRHT be voluntary? Answer: Yes. A separate Joint Powers Authority would be created and membership to the SBCCOG does not require membership to the SBRHT.
Question: Who would operate the SBRHT?
Answers: The SBRHT would be governed by a 7-member Board of Directors consisting of 5 SBCCOG board members and 2 local experts with experience in housing and/or homelessness. The SBCCOG board would appoint members to the SBRHT board. In terms of day-to-day operations, it is likely that the SBRHT would contract with the SBCCOG for staffing. The San Gabriel Valley RHT contracts with the San Gabriel Valley COG and it has been a successful model.
Question: Does it cost anything to be part of the SBRHT? Answer: There will likely be a dues structure to ensure administrative operations of the RHT. The exact structure and amount a city would pay would be determined at a later date. State/federal earmarks and grants can be used in part for administration, so there may be opportunities to offset some costs.
Question: Do other areas have RHTs formed by legislation? Answer: Although legislation is not required, several do because legislation could possibly facilitate the eventual state funding. The San Gabriel Valley COG, Western Riverside COG, and Orange County have all formed their RHTs via legislation. Gateway Cities COG and the cities of Burbank/Glendale/Pasadena have begun the process as well.
Question: What would the SBRHT do?
Answer: The SBRHT would fund and finance the planning and construction of homeless housing, and extremely low, very low, and low-income housing projects. SBHRT funding would make the construction of affordable housing more appealing to developers. The trust would only consider a development that had city approval.
The trust could also address the “sustainability” of the housing –encouraging opportunities to promote walking, cycling, and travel using zero-emission local use vehicles.
Question: If a city participates in the SBRHT, can they city get RHNA credit for a project funded through the SBRHT but built in a different city? Answer: No. At this time, state law does not allow for RHNA credit sharing.
Question: How would the SBRHT be funded?
Answer: Through state/federal budget requests/”earmarks”, state/federal grants, and other opportunities that may arise.
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Question: Since we are considering a lending model, how would the funds be paid back? Answer: The SBRHT, through loan professionals, would provide funding to a proposed housing project via lower interest loans than the developer would receive through traditional banks or lending organizations. Funds would be repaid to the SBRHT over the term of those loans, which is often less than 5 years.
Question: Are there strings attached to the funds from the state/federal government? Answer: State budget earmarks do not have any requirements beyond a timeframe in which the funds should be spent (2yrs). Federal earmarks and federal/state grants may come with additional requirements based on the individual funding agencies and grant programs. An evaluation of the grant and its requirements would be made prior to submittal of an application.
Question: Why would a city want to participate?
Answer: Cities would have a say in the process and would be able to leverage funding to build affordable housing within their city, allowing people to live closer to work, increasing quality of life, while also reducing GHG emissions. Cities would also be able to work together to build affordable supportive housing for the region’s most vulnerable populations. For a full list of reasons why a city might participate, see Exhibit 1.
Question: Can a city join later or at any time?
Answer: As long as there are cities that are interested initially, cities will be able to join at any time. However, joining later will mean that they will not be part of the creation of initial policies such as determining any administrative fees, project selection criteria, etc.
NEXT STEPS
If the SBCCOG Board chooses to move forward with formation legislation, the Legislative Committee and staff would work with Senator Allen and other South Bay legislators to introduce language, via a spot bill or through an amendment to another proposed regional housing trust bill, to form the SBRHT. Between introduction of the legislation and a signature by the Governor, the Legislative Committee and SBCCOG Legal Counsel would draft JPA documents, by-laws, and other administrative procedures needed to form the SBRHT. During that time, SBCCOG cities would also need to decide if they would be willing to participate in the SBRHT.
The Board is also asked to approve moving forward with a request for state funding via the budget process to fund the SBRHT. If approved, the Legislative Committee, through its Chair, and staff would meet with Senator Allen and other South Bay legislators to request funding for the SBRHT.
RECOMMENDATION
Approve moving forward with legislation to form the South Bay Regional Housing Trust and request funding from the State as well as authorizing staff to begin drafting the formation documents.
Attachments: Exhibit 1 – 03.2022 Housing Trust Fund Overview Pros & Cons list Exhibit 2 – Proposed South Bay Regional Housing Trust JPA Formation Legislation
Prepared by: David Leger
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Senate Bill No. XXX
CHAPTER 670
An act to add Section 6539.6 to the Government Code, relating to joint powers.
SB XXX, (Senator). Joint powers authorities: South Bay Regional Housing Trust.
The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. That act specifically authorizes the creation of the Orange County Housing Finance Trust, a joint powers authority, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income within the County of Orange, as specified.
This bill would similarly authorize the creation of the South Bay Regional Housing Trust, a joint powers authority, by the County of Los Angeles and any or all of the cities within the jurisdiction of the South Bay Cities Council of Governments, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the South Bay. The bill would authorize the South Bay Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds. The bill would require that the joint powers agreement establishing the South Bay Regional Housing Trust incorporate specified annual financial reporting and auditing requirements.
This bill would make legislative findings and declarations as to the necessity of a special statute for the South Bay Cities region of Los Angeles County.
_________________________________________________________________________________________ The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares the following:
(a) California has an affordable housing crisis, which is especially acute in the South Bay Cities region of Los Angeles County due to the high cost of housing in that area, even in formerly affordable communities. (b) The establishment of the South Bay Regional Housing Trust to receive available public and private funds could help finance affordable housing projects for homeless and low-income populations.
SEC. 2. Section 6539.6 is added to the Government Code, to read:
6539.6. (a) (1) Notwithstanding any other law, the County of Los Angeles and any or all of the cities within the jurisdiction of the South Bay Cities Council of Governments may enter into a joint powers agreement pursuant to this chapter to create and operate a joint powers agency to fund housing to assist the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, within the South Bay Cities region. (2) The joint powers agency created pursuant to this section shall be known as the South Bay Regional Housing Trust, and shall be created and operate in accordance with this section. (b) (1) The South Bay Regional Housing Trust shall be governed by a board of directors consisting of seven directors appointed by the governing board of the South Bay Cities Council of Governments. (2) (A) Five members of the board of directors shall be a member of the governing board of the South Bay Cities Council of Governments that represents either of the following:
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(i) A city that is a party to the joint powers agreement. (ii) A County of Los Angeles board of supervisor district that is located wholly or partially within the territory of the South Bay Cities Council of Governments, if the county is a party to the joint powers agreement. (B) Two members of the board of directors shall be experts in homeless or housing policy.
(3) The board of directors shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each calendar year.
(4) (A) Members of the board of directors shall serve without compensation. (B) Members of the board of directors may be reimbursed for actual expenses subject to the approval of the governing board of the South Bay Regional Sustainable Housing Trust. Actual expenses shall be approved before they are incurred.
(5) If a vacancy occurs on the board of directors, the governing board of the South Bay Cities Council of Governments shall appoint a qualified individual to fill the vacancy within 60 days of the vacancy. (c) Notwithstanding any other law, the South Bay Regional Housing Trust may do any of the following:
(1) Fund the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing. (2) Receive public and private financing and funds.
(3) Authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received pursuant to paragraph (2) and pledged by the South Bay Regional Housing Trust. (d) The South Bay Regional Housing Trust shall incorporate into its joint powers agreement annual financial reporting and auditing requirements that shall maximize transparency and public information as to the receipt and use of funds by the agency. The annual financial report shall show how the funds have furthered the purposes of the South Bay Regional Housing Trust.
(e) The South Bay Regional Housing Trust shall comply with the regulatory guidelines of each specific state funding source received.
SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances, described in Section 1 of this act, in the South Bay Cities region of Los Angeles County.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0301
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
AWARD A CONTRACT FOR STORM DRAIN CATCH BASIN
MAINTENANCE SERVICES TO RON’S MAINTENANCE INC.
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Award a contract for storm drain catch basin maintenance services to Ron’s Maintenance, Inc. in the amount of $173,351 over four years beginning July 1, 2022 and ending June 30, 2026 with an option to extend for an additional year;
2. Authorize the Director of Public Works to establish a $10,000 per year project contingency for a total amount of $40,000; and
3. Authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney.
Executive Summary:
Following a competitive bid process, staff recommends City Council award the storm drain catch basin maintenance services contract to Ron’s Maintenance, Inc. for $173,351 for a term of four years with the option to extend for an additional year. The previous contract expired and staff recommends award of a new storm drain catch basin maintenance services contract to ensure continued services.
Background:
The City of Hermosa Beach stormwater system consists of 130 City catch basins, 194 County catch basins, 53 City-owned infiltration boxes, and 2 Filterra biofiltration boxes. Given staff resource limitations, the City has relied on a maintenance contractor for the provision of storm drain catch basin maintenance services. The contractor is responsible for maintenance of catch basins and filters, transportation/disposal of non-hazardous and hazardous materials, and lab analysis. The cleaning and the frequency of cleanings are mandated by the City’s National Pollutant Discharge Elimination System (NPDES) permit. The amount of debris collected (measured in tons) and frequencies of cleaning are reported annually to the State Water Resources Control Board.
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Analysis:
On March 24, 2022, the City invited storm drain catch basin maintenance contractors to submit proposals through a competitive process for services beginning in FY 2022-23 and ending in FY 2025 -26, with an optional one-year term extension if desired by the City. The Request for Proposals (RFP) was advertised in in the Easy Reader, City website, and on the City’s online bidding platform PlanetBids. A total of three proposals were received in response to the RFP. On May 3, 2022, the City Clerk received, publicly opened, and read aloud the results of the submitted proposals. The resulting proposal amounts for the four-year term are summarized below:
Proposer Proposal Amount
Ron’s Maintenance, Inc. $173,351
United Storm Water, Inc. $374,014
Downstream Services, Inc. $710,047
Based on a review of the submitted proposals and a check of references, staff recommends City Council award a contract to the most qualified and cost-effective bidder, Ron’s Maintenance, Inc.
The total base four-year contract amount would be $173,351. The proposal amount includes a three percent annual increase for years two, three, and four. Staff also requests a $40,000 project contingency for additional services, if needed, as detailed in the table below.
Fiscal Year Proposal Amount Contingency Total Budgeted
Amount
2022-2023 $41,435 $10,000 $51,435
2023-2024 $42,679 $10,000 $52,679
2024-2025 $43,959 $10,000 $53,959
2025-2026 $45,278 $10,000 $55,278
Total $173,351 $40,000 $213,351
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policy:
· 1.8 Minimize recurring repairs. Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available.
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Goal 5. The stormwater management system is safe, sanitary, and environmentally and fiscally sustainable.
Policy:
· 5.5 Stormwater system maintenance. Maintain, fund, and regularly monitor the City’s stormwater infrastructure.
Fiscal Impact:
The FY 2022-2023 Preliminary Budget includes a request of $82,500 from the Storm Drains Fund for maintenance services, account 161-3109-4201, which is sufficient for the contract amount. Staff would request funding for contract years two, three, four, and possibly year five if the contract is extended in the appropriate fiscal year budgets.
Agreement Request
Request Amount FY 2022-2023 Budget Dept.
Account #
Total Contract Amount
$82,500 161-3109-4201 $173,251
Attachments:
1. Draft Agreement
2. Bid Opening Log
3. Ron’s Maintenance Inc. Proposal Documents
Respectfully Submitted by: Gloria Ledezma, Administrative Assistant Concur: Lucho Rodriguez, Deputy City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH
AGREEMENT FOR STORM DRAIN CATCH BASIN MAINTENANCE SERVICES
This Agreement for Storm Drain Catch Basin Maintenance Services (“Agreement”) is made on this ___ day of ____________2022, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the “CITY”) and _________________. (hereinafter referred to as the “CONTRACTOR”).
RECITALS
A. CITY proposes to contract for Storm Drain Catch Basin Maintenance Services as set forth below in this Agreement;
B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the services described in Exhibit A.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in “Exhibit A” (Request for Proposal Document - Storm Drain Catch Basin Maintenance Services) which is attached hereto and incorporated herein by reference. By executing this Agreement, CONTRACTOR represents that it has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
2. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall be completed within the time period designated by CITY. The term of this Agreement shall be for the time period beginning ___________, 2022 and ending on ______________unless extended in writing in advance by the CITY.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed those amounts as listed on pages P-___ through P- ___ of Exhibit A. Compensation shall under no circumstances be 566
increased except by written amendment of this Agreement.
CONTRACTOR shall be paid within thirty (30) days of presentation of an invoice to CITY for services performed to CITY’s satisfaction.
CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY.
4. CONTRACT ADMINISTRATION.
4.1. CITY’s Representative. Unless otherwise designated in writing ___________________, Maintenance Supervisor shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR___________ shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be
binding on the CONTRACTOR. The Manager-in-Charge shall not be replaced without the written consent of the CITY.
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon
request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this
Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from
performing services on the CITY’s premises.
5. TERMINATION.
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5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.
6. INDEMNIFICATION.
6.1. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 568
6.2. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
7. INSURANCE REQUIREMENTS.
7.1. The CONTRACTOR, at the CONTRACTOR’s own cost and
expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
7.1.1. Workers’ Compensation Coverage. The CONTRACTOR
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for its employees in
accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every
subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability
Insurance in accordance with the laws of the State of
California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’
Compensation policies must be received by the CITY at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
7.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an
amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the
required occurrence limit.
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7.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the
CONTRACTOR arising out of or in connection with the
work to be performed under this Agreement, including
coverage for owned, hired, and non-owned vehicles, in
an amount of not less than three hundred thousand
dollars ($300,000) combined single limit for each
occurrence.
7.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the specific language of Section 8.2.1 below.
7.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as
additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR,
including materials, parts, or equipment furnished in
connection with such work or operations.”
7.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers,
officials, employees, agents, and volunteers. Any
insurance maintained by the CITY, including any selfinsured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
7.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
7.2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials,
employees, or agents.
7.2.5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its 570
elected or appointed officers, officials, employees,
agents, or volunteers.
7.2.6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or
in limits except after thirty (30) days’ written notice has been received by the CITY.
7.3. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or selfinsured retentions.
7.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement.
Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above.
7.6. Nonpayment of Deductible. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the
CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement.
Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on CONTRACTOR’S behalf upon the CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured 571
under the policy, City may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.
9.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The
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CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR
represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
9.4. Prevailing Wages. CONTRACTOR shall abide by the minimum prevailing rate of wages as determined by the State of California, Department of Industrial Relations for each craft, classification, or type of worker employed to carry out provisions of the
Agreement. During the term of this Agreement, Contractor shall keep on file sufficient evidence of its employee compensation to enable verification of compliance of Prevailing Wages as established by State of California, Department of Industrial Relations.
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement.
The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 573
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. 574
Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, firstclass postage prepaid, and addressed to the party at its applicable address.
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Joe SanClemente, Director
Public Works Department
CONTRACTOR:
____________________________
____________________________
____________________________
Attention: ____________________
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
18. ATTORNEYS’ FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing 575
party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product.
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 576
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CONTRACTOR:
_____________________________________
COMPANY NAME
_____________________________________
TITLE
_____________________________________
Contractors State License #
CITY OF HERMOSA BEACH:
[MAYOR/CITY MANAGER]
APPROVED AS TO FORM:
Michael Jenkins, City Attorney
ATTEST:
Myra Maravilla, City Clerk
577
PERFORMANCE BOND
(TO BE EXECUTED WITHIN 5 (FIVE) DAYS OF CONTRACT AWARD)
STORM DRAIN CATCH BASIN MAINTENANCE SERVICES
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS the CITY of Hermosa Beach (Owner) has awarded to ____________________ as principal hereinafter designated as the "Contractor," a contract to provide Storm Drain Catch Basin Maintenance Services.
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract guaranteeing the faithful performance thereof; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the penal sum of
_______________________________________________ ($_____.__), which is one hundred percent of the total contract amount for the above stated project, to be paid to the Owner, its successors and assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if said Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the foregoing contract and any alteration thereof made as therein provided on its or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers, and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to the Owner in an amount to be fixed by the court. Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration, or addition to said contract, and of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract, and of any feature or item or items of performance required therein or thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the _____day of ____________________________, 2022.
CONTRACTOR SURETY
Subscribed and sworn to this day of , 2022.
578
Notary Public
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PAYMENT BOND
(TO BE EXECUTED WITHIN FIVE (5) DAYS OF CONTRACT AWARD)
STORM DRAIN CATCH BASIN SERVICES
THAT WHEREAS, the City of Hermosa Beach (Owner) has awarded to ____________________________., as Contractor, a contract to provide Storm Drain Catch Basin Maintenance Services.
AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materials persons, and other persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City of Hermosa Beach as Owner in the penal sum of __________________________________________ Dollars ($______.__) which is 100 percent of the total contract amount for the above stated project, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if said Contractor, its heirs, executors, administrators, successors, or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in any amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to the Owner in an amount to be fixed by the court.
This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of _______________, 2022.
CONTRACTOR SURETY
Subscribed and sworn to this day of , 2022.
580
Notary Public
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY EACH AWARDEE OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
)ss
COUNTY OF )
being first duly sworn, deposes and says that he is
(sole owner, a partner, president, etc.)
of _________________________________________________________________, the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons who have a partnership of other financial interest with said bidder in his general business.
Signed
___
Title
Subscribed and sworn to before me this day of , 2022.
Notary Public
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COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Hermosa Beach prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONTRACTOR: _______________________.
__(TITLE)_______________________
Date
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0309
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
AWARD OF A SANITARY SEWER MAINTENANCE AND CCTV INSPECTION SERVICES CONTRACT TO EMPIRE PIPE CLEANING AND EQUIPMENT, INC.
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Award a contract for sanitary sewer hydro-flushing and video inspection maintenance services to Empire Pipe Cleaning and Equipment, Inc. in the amount of $793,490 over four years beginning July 1, 2022 and ending June 30, 2026 with an option to extend for one additional year;
2. Authorize the Director of Public Works to establish a $10,000 per year project contingency for a total amount of $40,000; and
3. Authorize the Mayor to execute and the City Clerk to attest the contract subject to the approval of the City Attorney.
Executive Summary:
The City’s current agreement for sanitary sewer maintenance services is set to expire on June 30, 2022. The City issued a Request for Proposals (RFP) for sanitary sewer maintenance. Upon completion of the competitive bidding process, staff recommends Council award Empire Pipe Cleaning and Equipment, Inc., an agreement in the total amount of $793,490 for a four-year term with an option to extend the agreement for one additional year. Award of this contract would ensure continued sewer maintenance services.
Background:
The City owns, operates, and maintains approximately 37 miles of sewer mains and 880 sewer maintenance access holes. The City engages sewer maintenance contractors to clean and provide video inspection services for its sanitary sewer system as a preventive maintenance strategy. This practice helps ensure proper sewer system operations, extend the system service life, and greatly reduces the potential for damage to private and public property that could result from system blockages.
City of Hermosa Beach Page 1 of 4 Printed on 5/24/2023
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Staff Report
REPORT 22-0309
Analysis:
On March 24, 2022, the City invited sanitary sewer maintenance contractors to submit proposals through a competitive bid process with services beginning in FY 2022-2023 and ending in FY 2025- 2026, with an optional one-year term extension if desired by the City. The request for proposals (RFP) was advertised in the Easy Reader, City website, and on the City’s online bidding platform PlanetBids. A total of six proposals were received in response to the RFP. On May 3, 2022, the City Clerk received, publicly opened, and read aloud submitted proposals. The proposal results for year one of the four-year term are summarized in the following table:
Proposer Proposal Amount
Empire Pipe Cleaning and Equipment, Inc. $188,630.00
National Plant Services, Inc. $196,232.73
Pipe Tec, Inc. $298,250.00
Pro Pipe, Inc. $363,580.00
Downstream Services, Inc. $372,736.00
Badger Infrastructure Solutions $8,439,920.00
Based on a review of the submitted proposals and the City’s long-standing experience with the contractor, staff recommends City Council award a contract to the most qualified and cost-effective bidder, Empire Pipe Cleaning and Equipment, Inc.
Empire Pipe Cleaning and Equipment, Inc. has provided sewer maintenance services and maintained the City’s sewer system for the past 20 years and is very familiar and knowledgeable about the system, including areas that require special attention and expertise.
The total base four-year contract amount would be $793,490. The proposal amount includes an approximate three percent annual increase for years two, three, and four. Staff also requests a $40,000 project contingency for additional services, if needed, as detailed in the table below.
Fiscal Year Proposal Amount Contingency Total Budgeted
Amount
2022-2023 $188,630 $10,000 $198,630
2023-2024 $195,550 $10,000 $205,550
2024-2025 $201,520 $10,000 $211,520
2025-2026 $207,790 $10,000 $217,790
Total $793,490 $40,000 $833,490
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Staff Report
REPORT 22-0309
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policy:
· 1.8 Minimize recurring repairs. Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available.
Goal 4. The sewer system infrastructure is modernized and resilient.
Policy:
· 4.7 Sewer system operation. Continue to implement maintenance and operation measures established in the Sewer System Management Plan.
Fiscal Impact:
The FY 2022-2023 Preliminary Budget includes a request of $198,630 in the Sewer Fund for hydroflushing. Staff would request funding for contract years two, three, four, and possibly year five if the contract is extended in the appropriate fiscal year budgets.
Agreement Request
Request Amount FY 2022-2023 Budget Dept.
Account #
Total Contract Amount
$198,630 160-3102-4201 $1,058,490
Attachments:
1. Draft Agreement
2. Bid Opening Log
3. Empire Pipe Cleaning and Equipment, Inc. Proposal Documents Respectfully Submitted by: Andrew Nguyen, Associate Engineer Concur: Lucho Rodriguez, Deputy City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director City of Hermosa Beach Page 3 of 4 Printed on 5/24/2023
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Staff Report
REPORT 22-0309
Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH
AGREEMENT FOR SANITARY SEWER MAINTENANCE AND CCTV INSPECTION
SERVICES
This Agreement for Sanitary Sewer Maintenance and CCTV Inspection Services (“Agreement”) is made on this ___ day of ____________2022, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the “CITY”) and _________________. (hereinafter referred to as the “CONTRACTOR”).
RECITALS
A. CITY proposes to contract for Sanitary Sewer Maintenance and CCTV Inspection Services as set forth below in this Agreement;
B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the services described in Exhibit A.
NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in “Exhibit A” (Request for Proposal Document - Sanitary Sewer Maintenance and CCTV Inspection Services) which is attached hereto and incorporated herein by reference. By executing this Agreement, CONTRACTOR represents that it has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
2. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall be completed within the time period designated by CITY. The term of this Agreement shall be for the time period beginning ___________, 2022 and ending on ______________unless extended in writing in advance by the CITY.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed those amounts as listed on pages P-___ through P- ___ of Exhibit A. Compensation shall under no circumstances be increased except by written amendment of this Agreement. CONTRACTOR shall be paid within thirty (30) days of presentation of an invoice to CITY for services performed to CITY’s satisfaction. CONTRACTOR shall submit invoices monthly describing 606
the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY.
4. CONTRACT ADMINISTRATION.
4.1. CITY’s Representative. Unless otherwise designated in writing ___________________, Maintenance Supervisor shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR___________ shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in-Charge shall not be replaced without the written consent of the CITY.
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY’s premises.
5. TERMINATION.
5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination. 607
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.
6. INDEMNIFICATION.
6.1.CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
6.2.The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
7. INSURANCE REQUIREMENTS.
7.1. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
608
7.1.1. Workers’ Compensation Coverage. The CONTRACTOR
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.
Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
7.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
7.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence.
7.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the specific language of Section 8.2.1 below.
7.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as
additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including
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materials, parts, or equipment furnished in connection with such work or operations.”
7.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
7.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
7.2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
7.2.5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
7.2.6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by the CITY.
7.3. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
7.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 610
7.6. Nonpayment of Deductible. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director.
CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on CONTRACTOR’S behalf upon the CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR.
Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY.
If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS.
The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the 611
CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.
9.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws.
The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
9.4. Prevailing Wages. CONTRACTOR shall abide by the minimum prevailing rate of wages as determined by the State of California, Department of Industrial Relations for each craft, classification, or type of worker employed to carry out provisions of the Agreement. During the term of this Agreement, Contractor shall keep on file sufficient evidence of its employee compensation to enable verification of compliance of Prevailing Wages as established by State of California, Department of Industrial Relations.
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract 612
with any person for performance of this Agreement who has such incompatible interest or obligation.
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. 613
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Joe SanClemente, Director
Public Works Department
CONTRACTOR:
____________________________
____________________________
____________________________
Attention: ____________________
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
18. ATTORNEYS’ FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product. 614
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CONTRACTOR:
_____________________________________
COMPANY NAME
_____________________________________
TITLE
_____________________________________
Contractors State License #
CITY OF HERMOSA BEACH:
[MAYOR/CITY MANAGER]
APPROVED AS TO FORM:
Michael Jenkins, City Attorney
ATTEST:
Myra Maravilla, City Clerk
616
PERFORMANCE BOND
(TO BE EXECUTED WITHIN 5 (FIVE) DAYS OF CONTRACT AWARD)
SANITARY SEWER MAINTENANCE AND CCTV INSPECTION
SERVICES
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS the CITY of Hermosa Beach (Owner) has awarded to ____________________ as principal hereinafter designated as the "Contractor," a contract to provide ____________ Maintenance Services.
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract guaranteeing the faithful performance thereof; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the penal sum of
_______________________________________________ ($_____.__), which is one hundred percent of the total contract amount for the above stated project, to be paid to the Owner, its successors and assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if said Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the foregoing contract and any alteration thereof made as therein provided on its or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers, and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.
In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to the Owner in an amount to be fixed by the court. Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration, or addition to said contract, and of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract, and of any feature or item or items of performance required therein or thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the _____day of ____________________________, 2022.
CONTRACTOR SURETY
Subscribed and sworn to this day of , 2022.
Notary Public
617
PAYMENT BOND
(TO BE EXECUTED WITHIN FIVE (5) DAYS OF CONTRACT AWARD)
SANITARY SEWER MAINTENANCE AND CCTV INSPECTION
SERVICES
THAT WHEREAS, the City of Hermosa Beach (Owner) has awarded to ____________________________., as Contractor, a contract to provide _________ Maintenance Services.
AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materials persons, and other persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City of Hermosa Beach as Owner in the penal sum of __________________________________________ Dollars ($______.__) which is 100 percent of the total contract amount for the above stated project, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if said Contractor, its heirs, executors, administrators, successors, or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in any amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to the Owner in an amount to be fixed by the court.
This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of _______________, 2022.
CONTRACTOR SURETY
Subscribed and sworn to this day of , 2022.
618
Notary Public
619
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY EACH AWARDEE OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
)ss
COUNTY OF )
being first duly sworn, deposes and says that he is
(sole owner, a partner, president, etc.)
of _________________________________________________________________, the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons who have a partnership of other financial interest with said bidder in his general business.
Signed
___
Title
Subscribed and sworn to before me this day of , 2022.
Notary Public
620
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Hermosa Beach prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONTRACTOR: _______________________.
__(TITLE)_______________________
Date
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0300
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
Attachments:
Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
powered by Legistar™663
May 4, 2022
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council May 10, 2022
TENTATIVE FUTURE AGENDA ITEMS
MAY 24, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MAY 24, 2022 @ 6:00 PM
PRESENTATIONS
PROCLAMATION DECLARING JUNE 2021 AS PRIDE MONTH IN HERMOSA BEACH
PRESENTATION ON COMMUNITY SURVEY
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for March and April 2022
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for March and April 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 16, 2022
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Economic Development Committee meeting of May 2, 2022
Interim Community Development
Director
Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of May 17, 2022
Interim Community Development
Director
Ongoing
Planning Commission Tentative Future Agenda Items Interim Community Development Director
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
South Bay Workforce Investment Board 3rd Quarter Summary for 2021-2022 City Manager Quarterly Consideration of Arakelian Enterprises, Inc (DBA Athens Services) request for an annual rate adjustment to the maximum rates for solid waste services Environmental Programs Manager Annual
Purchase of Electric Vehicles for Police Department – Community Services Division
Police Chief Staff Request
Apr. 18, 2022
MUNICIPAL MATTERS
Leadership Hermosa Beach Class of 2022 Class Project Deputy City Manager/Public Works Director
Annual
Consider the City’s options, in light of the cannabis initiative filed with the City Clerk by Colton Chacker on November 17, 2021, and provide direction regarding next steps
City Manager Council Direction
Apr. 12, 2022
Update and extension of temporary outdoor dining and downtown lane reconfigurations
Environmental Programs Manager Staff Request
Mar. 24, 2022
Update Municipal Code Chapter 1.06 to also include the Hermosa Beach wordmark in our ordinance
City Manager/Senior Management
Analyst
Staff Request
Feb. 8, 2022
Award Landscape Maintenance Services Contract Public Works Director Staff Request May 3, 2022
Award Janitorial Services Contract Public Works Director Staff Request May 3, 2022
FUTURE AGENDA ITEMS
Tentative Future Agenda Items City Manager Ongoing
664
2 THURSDAY, JUNE 2, 2022 @ 5:00 PM
BUDGET STUDY SESSION
JUNE 14, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
JUNE 14, 2022 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Adoption of the 2022-23 Appropriations Limit Finance Director Annual 2020-21 Annual Comprehensive Financial Report (Including Report from Independent Auditor)
Finance Director Annual
Los Angeles Fire Services and McCormick Ambulance Monthly Report for April 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Contract extension and amendment to the Professional Services Agreement for JHD Planning, LLC for the Housing Element
Interim Community Development
Director
Staff Request
May 3, 2022
PUBLIC HEARINGS – 6:30 PM
Adoption of Fiscal Year 2022-23 Budget Finance Director Annual Public Hearing on Hermosa Beach Landscaping and Street Lighting District 2022-2023
Public Works Director Annual
MUNICIPAL MATTERS
Approval of the Economic Development Strategy Interim Community Development Director
Staff Request
Apr. 6, 2022
Participation in Beach Cities Transit (BCT) Line 109 Agreement, with no required financial contribution from the City for Fiscal Year 2022-2023, with the Cities of El Segundo, Manhattan Beach and Redondo Beach, Funded from Proposition A Funds.
Interim Community Development
Director
Staff Request
Apr. 28, 2022
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Emergency Management
Coordinator
Staff Request
Jan. 27, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING JUNE 28, 2022
CANCELLED DUE TO LACK OF QUORUM
665
3 JULY 12, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
JULY 12, 2022 @ 6:00 PM
PRESENTATIONS
SOUTHERN CALIFORNIA EDISON ANNUAL RELIABILITY REPORT
RECOGNIZING NATIONAL PARKS AND RECREATION MONTH
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for May 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of June 21, 2022
Interim Community Development
Director
Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 3 and June 16, 2022
Community Resources Manager Ongoing
PUBLIC HEARINGS – 6:30 PM
Public Hearing on the Annual Levy for the Sewer Charge and Engineers Report
Public Works Director Annual
Public Hearing to review delinquent solid waste collection (refuse) charges for consideration of placing said charges on the property tax rolls as a special assessment. The assessment would affect only those properties with refuse bills delinquent as of March 31, 2022
Environmental Programs Manager Annual
MUNICIPAL MATTERS
Award of Crossing Guard Contract Police Chief Staff Request Apr. 6, 2022
Vacancy-Civil Service Board Term Expiration-Report Back and Schedule Applicant Interviews for July 26, 2022
City Clerk Council Direction
Apr. 26, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
THURSDAY, JULY 21, 2022 @ 5:00 PM
JOINT MEETING WITH ALL BOARDS/COMMISSIONS
666
4 JULY 26, 2022 @ 4:30 PM
APPLICANT INTERVIEWS FOR CIVIL SERVICE BOARD
JULY 26, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
JULY 26, 2022 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for May 2022 Finance Director Ongoing City Treasurer’s Report and Cash Balance Report for May 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of May 18, 2022
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of July 19, 2022
Interim Community Development
Director
Ongoing
Planning Commission Tentative Future Agenda Items Interim Community Development Director
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
FUTURE AGENDA ITEMS
Tentative Future Agenda Items City Manager Ongoing
667
5 PENDING STRATEGIC PLAN ITEMS
STATUS /
TENTATIVE MEETING DATE
Update Personnel Policies Human Resources
Manager
Pending Labor
Negotiations/Meet & Confer
Process
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager
PENDING NEW ITEMS
STATUS /
TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Document Retention Policy
Initiated by: Staff Request Nov. 28, 2018
City Clerk Pending Deputy City Clerk
Appointment
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.
The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.
Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.
Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk/Assistant to
the City Manager
Pending Deputy City Clerk
Appointment
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Interim Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
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6 Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.
Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
Pending proposal from Sunny
Lee
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Interim Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter
12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato)
Initiated by: Council Direction October 26, 2021
Environmental Program
Manager
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Interim Community
Development
Director/Environmental
Program Manager
Public Hearing to discuss 2023-2024 Residential and Employee Parking Permits
Initiated by: Council Direction January 31, 2022
City Manager
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
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