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 1318
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.
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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
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.
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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
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.
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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
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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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: ____________________________
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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
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; 1325
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. 1326
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
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SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC., DBA ATHENS
SERVICES FOR INTEGRATED WASTE MANAGEMENT SERVICES
This SECOND AMENDMENT to the AGREEMENT FOR INTEGRATED WASTE MANAGEMENT SERVICES (“Amendment” or “Amendment No. 2”) is made by and between the CITY OF HERMOSA BEACH, a general law city and California municipal corporation (“City”) and ARAKELIAN ENTERPRISES, INC., dba Athens Services, a California corporation (“Athens Services” or “Athens”). City and Athens Services may hereinafter be individually referred to as “Party” or collectively as the “Parties.”
RECITALS
A. WHEREAS, City and Athens Services have previously entered into that certain Agreement for Integrated Waste Management Services dated March 20, 2013, as amended by that certain first amendment dated September 17, 2018 (the “Agreement”) and that certain Agreement for Sweeping/Cleaning of Streets, Alleys, Walkstreets, Parking Lots and the Pier in Hermosa Beach dated October 12, 2010 as amended by that certain first amendment dated March 26, 2013 (“Street Sweeping Contract”).
B. WHEREAS, the Legislature of the State of California, by enactment of California Public Resources Code §§ 40000 et seq., declares that it is within the public interest to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdictions;
C. WHEREAS, the Legislature of the State of California has enacted certain new laws pertaining or relating to solid waste handling with which the City must comply, including Assembly Bill Nos. 341, 901, 1594, 1826, and Senate Bill Nos. 341 and 1383, creating the need for the City to improve efforts to divert solid waste from landfills, including recyclable materials and organic waste; and
D. WHEREAS, the foregoing changes in law necessitate certain modified or additional services in order to bring the City into compliance with applicable law; as a result, the cost of collecting, disposing of, and diverting solid waste, recyclables, green waste, and organic waste to Athens Services is anticipated to increase;
E. WHEREAS, the City Council has determined that it is in the best interest of the City for Athens Services to implement certain operational changes pertaining to the provision of services in the City in accordance with this Amendment to ensure integrated waste management programs, including but not limited to the implementation of an organic waste collection program, and street sweeping services, are appropriately tailored and aligned to meet the aims of the City’s needs and environmental objectives; and
NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, the Street Sweeping Contract, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:
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1. Effective Date. The effective date of this Amendment is January 1, 2023 (“Amendment Effective Date”).
2. Community Investment Payment. No later than fifteen (15) days following the Amendment Effective Date, Contractor shall tender a one-time community investment payment to the City in the amount of One-Hundred Thousand Dollars ($100,000) (“Community Investment Payment”). In the event this Amendment is deemed by a final, unappealable decision of a court of competent jurisdiction to be void, invalid, or otherwise null, the Community Investment Payment shall be returned to Contractor within fifteen (15) days of such decision.
3. Definitions. Unless specified otherwise, all capitalized terms in this Amendment hereby refer to those defined terms specified in Chapter 8.14 of the Hermosa Beach Municipal Code (Mandatory Recycling and Organic Waste Disposal Reduction) and 14 California Code of Regulations § 18982. If any term defined in this Amendment has been previously defined in the Agreement, the definition in this Amendment shall control. Unless specified otherwise, in the event of a conflict between a definition in this Amendment and a definition in 14 California Code of Regulations § 18982, the definition in Section 18982 shall control.
4. Organic Waste. The term “Green Waste” shall mean “Organic Waste” with respect to the following sections of the Agreement: Section 1.6 (Definitions; Bulky Waste); Section 1.30 (Definitions; Green Waste Processing Facility); Section 1.47 (Definitions; Solid Waste); Section 2.9 (Grant and Acceptance of Franchise; Limitations to Scope); Section 4.1.4 (Direct Services; Walk-Out Service); Section 4.2.3 (Direct Services; Commercial Recyclables Collection; Warning Notice); Section 4.4.1.1 (Container Selection, Distribution and Exchanges; Residential Container Distribution); Section 4.4.1.4 (Container Selection, Distribution and Exchanges; Capacity); Section 4.4.1.7 (Container Selection, Distribution and Exchanges; Container Colors); Section 4.5.1 (City Services; City Facilities Collection); Section 4.5.3 (City Services; School Facilities Collection); Section 4.6.1.3 (Operations; Missed Pickups); Section
4.7 (Transportation of Solid Waste); Section 5.2.2 (Education and Public Awareness; Implementation and On-going Education Requirements); Section 7.3 (Route Audit); Section
8.2.3 (Records; Solid Waste Records); Section 8.3.2 (Reports; Monthly Reports); Section 8.3.3 (Report; Annual Report); Section 11.1 (Default, Remedies and Liquidated Damages; Events of Default); and Section 11.3 (Liquidated Damages).
5. Term of Agreement. Section 2 is hereby deleted and replaced in its entirety as follows:
2.4 Term of Agreement
The term of this Agreement (the “Term”) shall commence on July 1, 2013, and expire December 31, 2032 (“Initial Term”), subject to extension as provided in Section 2.5, as applicable.
Notwithstanding the foregoing, the unexcused failure or refusal of Collector to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained herein. 1329
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6. Options to Extend. Section 2.5 is hereby deleted and replaced in its entirety as follows:
2.5 Options to Extend
The Term may be extended for up to three (3) additional extensions, with each extension for a period of three (3) to five (5) years (each a “Successive Term”), following the expiration of the Initial Term or each Successive Term, upon mutual written agreement of the Parties made not less than ninety (90) days prior to the end of the Initial Term or any Successive Term.
7. Parking Lot Fencing. Sections 4.1.14 and 4.12 are hereby deleted and replaced in their entirety as follows:
4.14.4 Transfer of Parking Lot Fencing
Effective January 1, 2023, Contractor hereby transfers to City all of Contractor’s right to, title to and interest in the enclosure fencing at or surrounding City Parking Lots A and B, as depicted in Exhibit 11 (“Parking Lot Fencing”). City acknowledges that Contractor is selling and City is purchasing the Parking Lot Fencing on an “as is with all faults” basis, and, except as noted below, City is not relying on any representations or warranties or any kind whatsoever, express, implied, or statutory from Contractor, its agents, or brokers as to any matters concerning such personal property, including, without limitation, any warranties as to title or implied warranties of merchantability or fitness for a particular purpose. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, CITY
ACKNOWLEDGES THAT CONTRACTOR EXPRESSLY
DISCLAIMS AND NEGATES, AS TO THE PARKING LOT
FENCING TRANSFERRED HEREBY: (A) ANY IMPLIED OR
EXPRESS WARRANTY OF MERCHANTABILITY; (B) ANY
IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; AND (C) ANY IMPLIED OR
EXPRESS WARRANTY OF CONFORMITY TO MODELS OR
MATERIALS. Notwithstanding the foregoing, Contractor is unaware of any defect or asserted or unasserted claim by any third party related to the Parking Lot Fencing.
* * *
4.12 Parking Lot Enclosure Fee
Upon transfer of title to the Parking Lot Fencing, City shall be solely responsible for the operation, maintenance, cleaning and insurance of the Parking Lot Fencing and the enclosed area thereof 1330
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(“Enclosure Area”) and Contractor will have no liability in connection therewith. Effective January 1, 2023, all of Contractor’s rights and duties with respect to the Parking Lot Fencing and Enclosure Area will terminate and Contractor will have no further liability in connection therewith, including for claims arising prior to such date; provided, however, that in order to support the City’s operation, cleaning, maintenance, and responsibility for the foregoing, for each Customer utilizing the Enclosure Area, Contractor shall collect and remit to City a “Enclosure Support Fee” in an amount equal to ____________ ($______) per month. No later than the third (3rd) day of every month, City shall identify and provide a written list to Contractor Customers utilizing the Enclosure Area for the prior month. City shall provide written notice of any change in such customers within five (5) days of learning of any change. Contractor will retain the first $11,225.34 collected from the Enclosure Support Fee in consideration of purchase price for the Parking Lot Fencing sold to City as specified in Section 4.1.14. The Enclosure Support Fee will be remitted to the City in accordance with Section 3.5.
8. Minimum Diversion Requirements. Section 4.2.5 is hereby deleted and replaced in its entirety as follows:
4.2.5 Minimum Diversion Requirements
City requires Contractor to achieve minimum annual CalRecycle diversion as required of the City under Public Resources Code Section 41780 (“Diversion Requirement”). In furtherance of the Diversion Requirement, at a minimum, Contractor shall ensure that its individual waste stream diversion programs include the following: (i) collection of source-separated Organic Waste generated at Residential Premises and delivery to an Organic Waste Processing Facility selected by Contractor; (ii) collection of source-separated Recyclable Materials generated at Residential and Commercial Premises and delivery to a MRF or certified recycling facility selected by Contractor; (iii) collection of Refuse generated at Residential Premises and delivery to landfill, but at Contractor’s option, diverted to a MRF or a certified transformation facility (refuse to energy); (iv) collection all mixed waste generated at Commercial Premises and Multi-Family Dwellings or otherwise collected in roll-off containers and delivery to a MRF selected by Contractor; (v) collect and deliver all source-separated Organic Waste generated Commercial Premises and Multi-Family
Dwellings to an Organic Waste Processing Facility; (vi) collection of all Construction and Demolition Debris collected by Contractor and delivery of all such material to a certified Construction and Demolition Debris facility selected by Contractor that meets 1331
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California Green Building Standards Code (CALGreen)
requirements of sixty-five percent (65%) minimum diversion; and (v) collection of all material from roll-off inert containers and delivery to a certified inert facility selected by Contractor.
9. Organic Waste Program. Sections 4.3.1 and 4.3.7 are hereby deleted and replaced in its entirety as specified below and Attachments 1-3 of this Amendment, which shall be Exhibits 3, 3A, and 3B of the Agreement:
4.3.1 Organic Waste Program
Contractor will provide an Organic Waste program for all generators in the City, as specified in Exhibits 3, 3A, and 3B. * * *
4.3.7 SB 1383 Guarantee
Upon notice from City, Contractor shall be deemed in material breach of the Agreement subject to at least thirty (30) days to cure, in the event CalRecycle determines that the requirements of SB 1383 have not been satisfied: (i) due to the failure of Contractor to meet its obligations under this Agreement; or, (ii) due to Contractor’s delay in providing information required under this Agreement that prevents City from submitting reports to CalRecycle in a timely manner (alternatively, a “Noncompliance Event”). Upon any Noncompliance Event, City shall be entitled to the
reimbursement of penalties and/or fines assessed by CalRecycle against City to the extent the penalties and/or fines arise from the Noncompliance Event. Notwithstanding other provisions of this Agreement, Contractor’s obligations hereunder shall be limited by Public Resources Code Section 40059.1.
10. Bin Scout Service. Section 4.1.9 is hereby deleted and replaced in its entirety as follows:
4.1.9 Bin Scout Services
Scout service requires Contractor to utilize specialized trucks to transport a Customer’s Bins to and from the point of Collection by a Collection vehicle. Contractor may charge Customers for scout service if operationally required to service any Bin or upon Customer request. Any charge for scout service shall be assessed in accordance with maximum rates specified in Exhibit 2 and calculated for each Bin serviced, the frequency of such service per Bin, and the distance travelled by Contractor for each fifty (50) feet any Bin must be moved, beginning ten (10) to fifty (50) feet, for fifty-one (51) to one hundred (100) feet, and each fifty (50) feet 1332
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thereafter. In the event of a disagreement concerning the need for scout service or any charged assessed hereunder, the City Manager shall make the final decision.
11. Cart Push-out Service. Section 4.1.10 is hereby deleted and replaced in its entirety as follows:
4.1.10 Cart Push-out Services
Push-out service requires Contractor to utilize Contractor personnel to push-out Customer Carts from Customer enclosures or other storage locations to and from the point of Collection by a Collection vehicle. Contractor may charge Customers for push-out service if operationally required to service any Cart or upon Customer request. Any charge for push-out service shall be assessed in accordance with maximum rates specified in Exhibit 2 and calculated for each Cart serviced, the frequency of such service per Cart, and the distance travelled by Contractor for each fifty (50) feet any Cart must be moved, beginning ten (10) to fifty (50) feet, for fifty-one (51) to one hundred (100) feet, and each fifty (50) feet thereafter. In the event of a disagreement concerning the need for push-out service or any charged assessed hereunder, the City Manager shall make the final decision.
12. Abandoned Item Collection. Section 4.5.6 is hereby deleted and replaced in its entirety as follows:
4.5.6 Abandoned Item Collection
Because time is of the essence, City crews will typically Collect items abandoned in the City and dispose of those items at City yard. Contractor will Collect such items from City yard and properly divert from landfilling or dispose of such items in accordance with Sections 4.1.16 and 4.1.17. To assist City crews, City may request that Contractor Collect abandoned items within 24 hours of request up to twenty (20) times per month at no additional charge.
13. Approved Facilities. Section 4.8 is hereby deleted and replaced in its entirety as follows:
4.8 Approved Facilities
No later than January 1, 2023, and anytime thereafter upon any changes or as requested by City, Contractor shall submit a list of all facilities it intends to utilize in connection with the disposal and processing of Solid Waste, Recyclable Materials, and Organic Waste. All facilities selected by will be operated in accordance with 1333
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14 CCR Article 6.2 and Hermosa Beach Municipal Code Section
8.14.090, as applicable. Notwithstanding the foregoing, to the extent a facility is not owned or operated by Contractor, Contractor shall be in compliance with this Section 4.8 if, as directed by City, Contractor requests a statement from the owner or operator of a facility that it is operated in accordance with 14 CCR Article 6.2 or Hermosa Beach Municipal Code Section 8.14.090, as applicable. In the event Contractor discovers any facility used in connection with this Agreement is not permitted or operated in compliance with applicable law, Contractor shall designate an alternative facility that is permitted and in compliance with applicable law (“Alternative Facility”). Contractor shall immediately inform City in writing in the event of any noncompliance, and City, in its sole discretion, shall have the right to require the use of an Alternative Facility, to be selected by Contractor. If an Alternative Facility is not available within a radius twenty-five (25) miles of the facility previously used by Contractor, the Parties shall meet and confer to discuss costs due to use of such an Alternative Facility.
14. Complaint Log. The last paragraph of Section 5.1.2 is hereby deleted and replaced in its entirety with a new Section 5.1.2.1, titled “Production and Inspection of Complaint Log,” as follows:
5.1.2.1 Production and Inspection of Complaint Log
All Customer service records and logs kept by Contractor shall be available to City upon request. Contractor shall supply its log of Customer complaints log to on a quarterly basis and as part of its annual report required under Section 8.3.3. City shall, during regular Office Hours, have access to Contractor’s Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints.
15. Community Support. Section 5.4 is hereby deleted and replaced in its entirety as follows:
5.4 Community Support
Contractor shall support the following events:
• Fiesta Hermosa - through annual sponsorship and through providing employee volunteers at event
• Hermosa Beach Education Foundation - Contractor shall match contributions to this foundation made by any Contractor employee, provide four $500 scholarships per year, and
provide volunteer hours for foundation events.
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• Hermosa Beach Historical Society - Business membership of $50
• Hermosa Beach Sister Cities - Corporate membership of $250 • Hermosa Beach Friends of the Library - Annual donation of $500
• Hermosa Beach Friends of the Park - Annual donation of $500 • Pier Ave. Holiday Decorations - Annual fund of $5,000 • Other non-profit organizations - Additional $10,000 (funding or in-kind services) to be distributed to organizations as directed by the City.
16. Schedule of Future Adjustments; Approval Process. Section 6.3.2 is hereby deleted and replaced in its entirety as follows:
6.3.2 Approval Process
Annual adjustment to the maximum rates calculated in accordance with Section 6.4.2 and Section 6.4.3 is subject to the approval of the City Manager, with any other adjustments subject to approval of City Council. If a rate adjustment requested per this Section 6.3 is determined by the City to be accurately calculated in accordance with Agreement procedures, and would otherwise have been approved by the City Council, but is prevented from implementation due to a protest under Proposition 218, then Contractor is permitted to terminate this Agreement upon 24-month written notice to City, but shall not be entitled to compensation from City or Customers for lost revenue due to the Proposition 218 protest.
17. Rate Adjustments. Sections 6.4.2 and 6.4.3, and Exhibits 3A, 3B, and 3C, are hereby deleted and replaced in their entirety as follows:
6.4.2 Annual Rate Adjustment
Beginning July 1, 2023, and annually thereafter on July 1, Contractor may request an adjustment to the maximum rates in accordance with the Annual Rate Adjustment. For the purposes of this Section 6.4, “Annual Rate Adjustment” means the annual adjustment of maximum rates set forth in Exhibit 2 by the percentage increase in Trash CPI for the prior 12-month period (March of the prior year to March of the current year) plus one percent (1%) (i.e., Trash CPI +1), where “Trash CPI” means the Consumer Price Index for Trash and Garbage Collection
(CUUR0000SEHG02), U.S. City Average (not seasonally adjusted) 1335
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or an equivalent index approved by mutual agreement in the event said index is no longer published.
6.4.3 Rates Phase-in
Notwithstanding any provision in this Agreement to the contrary, for the rate periods beginning July 1, 2023 and July 1, 2024, respectively, in addition to any other rate adjustment permitted under this Agreement, including the Annual Rate Adjustment, the rates for provided in Exhibit 2 shall be subject to supplemental adjustments such that net rates for (i) Single-Family generators increase fifteen percent (15%) each rate period; and (ii) Commercial generators increase eighteen and thirty-three hundredths percent (18.3%) each rate period.
18. Maximum Rate Schedule. Exhibit 2 (Maximum Rate Schedule) is hereby deleted and replaced in its entirety with Exhibit 2, which is provided herein as Attachment 4 of this Amendment.
19. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.
20. Continuing Effect. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment. In the event of any conflict between the Agreement and this Amendment, this Amendment shall apply.
21. Entire Amendment. This Amendment contains the entire agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Amendment.
22. Counterparts. This Amendment may be executed in counterparts, each of which shall be considered an original.
[Signatures page follows]
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth below.
CITY OF HERMOSA BEACH ARAKELIAN ENTERPRISES, INC.,
a California corporation
INSERT
Mayor
Ron Arakelian III
Executive Officer
Date Date
ATTEST
________________________________
INSERT
City Clerk
_____________________________
Date
APPROVED AS TO FORM
________________________________
By: INSERT
City Attorney
_____________________________
Date
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(Amendment, Attachment 1)
EXHIBIT 3
ORGANIC WASTE PROGRAM
1. General. Contractor shall (i) provide account site visits and reviews, and the tracking thereof; (ii) support public education and outreach efforts in the City; (iii) meet with CalRecycle staff; (iv) provide Organic Waste tonnage data to both City and CalRecycle; and (v) provide Organic Waste collection services, as provided herein.
2. Default Organic Waste Service.
A. Residential. Contractor shall provide all Single-Family generators Source Separated Organic Waste service with 35-, 64-, or 96-gallon Green Containers, as determined by Contractor. Customers shall be charged for Organic Waste Collection based upon the number and size of Green Containers necessary for customer to comply with SB 1383 in accordance with the approved rate schedule.
B. Commercial. For Commercial generators, including the Hermosa Beach City School District, Contractor shall collect one (1) 35-gallon container for Source Separated Organic Waste one (1) time per week. Based on a waste assessment performed by Contractor, Contractor may adjust the foregoing default level of service to any one of the following container types: (i) one (1) container of 64 gallons in size; (ii) one (1) bin of 1.5 to 2 cubic yards in size; and (iii) one (1) metal roll-off container with a capacity of 10 or more cubic yards.
C. Acceptable Materials. Notwithstanding any provision in this Agreement to the contrary, the Organic Waste materials that are to be accepted for collection in a Green Container are set forth in Exhibit 3A, and Recyclable Materials that are to be accepted for collection in a Blue Container are set forth in Exhibit 3B. City and Contractor agree that the list of acceptable Organic Waste and Recyclable Materials may be modified from time to time with the written approval of City.
D. Collection Routes. Contractor may collect Source Separated Organic Waste from multiple cities within one Organic Waste route and, if so, will report to City sourceseparated Organic Waste tonnage among the cities by volume.
E. Service Changes. Contractor may reduce or increase any Organic Waste service level, including service frequency and container types, based on inspection, audit, or review at any time, subject to the City Manager’s right to review and disapprove. Contractor may assess additional charges for Organic Waste services above the default service level and/or above the minimum collection frequency for a given Customer.
3. Education and Outreach. Contractor and City have a shared responsibility to cooperatively provide education and outreach activities and to create and disseminate educational materials that comply with 14 CCR Section 18985.1 to Customers. In accordance 1338
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with the foregoing, Contractor will provide the education information required by this Section by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Customers. Contractor shall maintain records of its education and outreach activities and provide this information upon request to City. Education and outreach provided by Contractor to Customers per this provision shall include:
A. Information on the Organic Waste Customer’s requirements to properly separate materials in appropriate containers.
B. 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.
C. 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.
D. Information regarding how to recover Organic Waste.
E. Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organic Waste.
F. 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.
G. Educational materials provided pursuant to the above shall be translated into Spanish.
4. Reporting.
A. Notwithstanding any provision in this Agreement to the contrary, Contractor will provide an annual report of the following: (i) the average daily gross tons of Organic Waste collected by route, with a map of routes; (ii) the total number of generators that receive each type of Organic Waste collection service provided by Contractor; (iii) the number of Organic Waste collection containers distributed by size and Customer type; and (iv) annual totals of Organic Waste processed, including facility name(s) and location(s).
B. For the Outreach and Education provision of Section 3 of this Exhibit, Contractor shall provide: (i) copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, emails, and other electronic messages); and (ii) the date the information was disseminated or the direct contact made (for website and social media postings, this shall be the date posted).
C. For the Route Reviews and Compliance Reviews provisions of Sections 8 and 9 this Exhibit, Contractor shall provide: (i) the dates that each such review was conducted; (ii) the name and title of each person conducting the review; (iii) a list of the account names and addresses covered by the review; (iv) a description of each Hauler Route reviewed, including 1339
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Contractor’s route number and a description of the Hauler Route area; (v) the results of such review (i.e. the addresses where any Prohibited Container Contaminants were found), and any photographs taken; (vi) the results of such review (i.e. Contractor’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); (v) copies of any educational materials issued pursuant to such reviews; (vi) documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise; (vii) copies of the form of each notice issued to generators 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 Customers name and service address, and the reason for issuance; (viii) the number of times notices were issued to Customers for Prohibited Container Contaminants; (ix) the number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants; and (x) a description of Contractor’s process for determining the level of Container contamination under the Agreement.
D. The Parties shall meet and confer if City elects to modify the records and reports required of Contractor pursuant to this Exhibit with respect to type of report, number, content, format (including digital submission), or frequency. Contractor shall provide records to City within ten (10) business days of a request. Contractor shall provide City with business hours access to and any necessary training for use of a Contractor-hosted records systems in order to validate Contractor performance in accordance with the Organic Waste Program specified in this Exhibit.
5. Senate Bill No. 1383 Procurement. As part of City’s efforts to satisfy annual procurement requirements specified in SB 1383, Contractor shall, at levels commensurate with those required in the City under SB 1383, (i) provide compost or mulch from qualifying organic waste sources, as approved by CalRecycle, delivered to location(s) selected by City and agreed upon by Contractor, and/or (ii) assist City in the procurement of Renewable Natural Gas (RNG) from qualifying organic waste sources for collection vehicles used by Contractor in City, such that the Contractor’s providing of mulch, compost, or RNG will meet no less than 25% of the City’s annual SB 1383 organic waste product procurement target. Should products such as greater quantities of compost or mulch, other or additional biofuels, or different forms of electricity be needed for City to satisfy its procurement requirements, and if City requests that Contractor provide the same, City and Contractor shall meet and confer to discuss an amendment to the Agreement prior to such procurement. Further, any compost provided hereunder shall be provided free of charge and in addition to compost provided to the City in accordance with Section 4.3.6.
6. Container Color and Labeling.
A. Container Color. Notwithstanding any provision in this Agreement to the contrary, all new containers put into service as of the Amendment Effective Date must comply with the color requirements specified in 14 CCR Section 18984.7. Additionally, no later than January 1, 2036, all containers provided to Customers must comply with the color requirements specified in 14 CCR Section 18984.7. Containers shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation, and the lids and bodies shall be uniform for each container type, as follows: (i) Solid Waste container bodies and/or lids shall be black or gray; (ii) Recyclable Materials container bodies and/or lids shall be blue; and (iii) Organic Waste 1340
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Container bodies and/or lids shall be green. Hardware such as hinges and wheels on the containers may be a different color than specified herein.
B. Container Labeling. Beginning on the Amendment Effective Date, Contractor shall, in accordance with 14 CCR Section 18984.8, imprint or place a label on the body or lid of each new container that has been provided to a Customer that includes language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container. Imprints or labels shall clearly indicate items that are prohibited container contaminants for each container.
7. Route Reviews. Contractor shall on a quarterly basis, commencing as of the Agreement Effective Date, conduct hauler route reviews for “Prohibited Container Contaminants” consistent with and as defined in 14 CCR Section 18984.5(b) in a manner deemed safe by Contractor. Containers may be randomly selected along hauler routes. Contractor shall develop a hauler review methodology in compliance with 14 CCR Section 18984.5(b) and submit it to City not more than annually upon the request of City. Contractor shall conduct a Route Review for each Hauler Route. For each Route Review of a Hauler Route, Contractor shall inspect at least the following minimum number of Containers but may inspect more if Contractor wishes. Each inspection shall involve lifting the Container lid and observing the contents but shall not require Contractor to disturb the contents or open any bags. For the avoidance of doubt, Contractor shall not be required to annually inspect every Container on a Hauler Route. Contractor shall include the results of each Route Review in its next regularly scheduled report to City, as required by Section 4 of this Exhibit.
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
8. Compliance Reviews. At least once annually, commencing as of the Amendment Effective Date, Contractor shall review the records of its Commercial and Multi-Family Dwelling Customers in City that are subscribed for at least two (2) cubic yards per week of combined Refuse, Organic Waste and Recyclable Materials collection service, to determine whether such customers are subscribed for Organic Waste collection service or have an applicable waiver. Contractor shall include the results of each compliance review in its next regularly scheduled report to City, as required by Section 4 of this Exhibit.
9. Facilities Waste Evaluations. Contractor shall at least twice per year but no more than quarterly, commencing as of the Amendment Effective Date, conduct waste evaluations that meet the requirements of 14 CCR Section 17409.5.1 with respect to waste delivered to an Contractor-owned or -controlled facility or with respect to information otherwise accessible to Contractor that permits it to perform characterization studies. City maintains the right to observe, or hire a third party to observe, the waste evaluations.
10. Contamination Protocols. In order to prevent Prohibited Container Contaminants, Contractor shall implement the protocols, as specified herein. 1341
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A. First and Second Events. Upon the first and second discoveries of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will collect the contaminated waste if safe to do so, treat the waste as Refuse for handling and billing purposes, and affix a “Contamination Violation Notice” to any container with contaminated waste. Contractor shall also report issuance of any such notices to City. The Contamination Violation Notice will contain instructions on the proper procedures for sorting waste, and Contractor must notify the Customer by phone, by U.S. mail, by email, in person, or by tag of the following: (i) for the third and subsequent discovery of Prohibited Container Contaminants, the Customer may be charged a contamination fee for each contaminated container, and (ii) for the fifth and subsequent discoveries of Prohibited Container Contaminants, the Customer may be charged a contamination fee for each contaminated container, and Contractor may increase the size of the Customer’s Refuse container or require an additional container(s). Contractor must also contact the Customer by phone, by U.S. mail, by email, in person, or by tag to ensure that the Customer has the appropriate level of service for proper collection of waste.
B. Third and Fourth Events. Upon the third and fourth discoveries of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will collect the waste in the contaminated container(s) if safe to do so, treat the waste as Refuse for handling and billing purposes, and affix a Contamination Violation Notice to the contaminated container. Contractor may also elect to charge the then-maximum contamination fee for the discovery of Prohibited Container Contaminants. For any assessed contamination fee, Contractor must provide digital/visual documentation of Contractor’ discovery of Prohibited Container Contaminants to the Customer and City.
C. Five or More Events. Upon each of the fifth and any subsequent discoveries of Prohibited Container Contaminants within a given calendar year starting January 1, Contractor will collect the waste in the contaminated container(s) if safe to do so, treat the waste as Refuse for handling and billing purposes, and charge a contamination fee for each event. For any assessed contamination fee, Contractor must provide to the customer and the city digital/visual documentation of Contractor’ discovery of Prohibited Container Contaminants.
Upon five (5) business days’ notice to City and the Customer, Contractor may (i) increase the size of the Customer’s Refuse container, require additional Refuse containers for excessive Prohibited Container Contaminants, or increase collection frequency of Refuse containers; (ii) impose the then-maximum contamination fee; and/or (iii) provide notice that Contractor has recommended that City commence any applicable code enforcement action against the Customer. City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending Customers in order to secure discontinuance of the Prohibited Container Contaminants. All City costs of such action shall be recovered from the offending Customers.
D. Disputes. If a Customer disputes, in writing, an assessment of a contamination fee within 30 days of the assessment, Contractor will temporarily halt any such assessment and Contractor may request a ruling by the City Manager to resolve the dispute. A request by Contractor to the City Manager to render a decision on any such dispute must be filed within ten (10) business days of receipt of a Customer’s written dispute, and Contractor must include written documentation and digital/visual evidence of ongoing overall problems. Upon 1342
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receipt of such documentation, the City Manager will rule on the dispute within ten (10) business days, and the City Manager’s decision resolving the dispute between the Customer and Contractor will be final.
11. Waivers. Upon Contractor’ request, City may provide Contractor waivers as follows: (a) in the event of a disaster, City may grant Contractor a waiver of some or all discarded materials collection requirements under this Agreement and 14 CCR, Division 7, Chapter 12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver has been approved by CalRecycle; (b) Contractor may, but is not required to, separate or recover Organic Waste that City removes from homeless encampments and illegal disposal sites as part of an abatement activity to protect public health and safety; and/or (c) Contractor may dispose of rather than process specific types of Organic Waste and/or Recyclable Materials that are subject to quarantine and meet the requirements described in 14 CCR Section 18984.13(d) for a period of time specified by City or until City provides notice that the quarantine has been removed and directs Contractor to transport the materials to facilities designated by Contractor for such material.
12. Organic Waste Ordinance; Enforcement. City may implement an Organic Waste ordinance that will require all Customers to subscribe to Organic Waste services.
Contractor shall coordinate with City by providing, upon City request, notice to City of any and all persons refusing Organic Waste services. Contractor shall cooperate with City in implementing the Organic Waste ordinance and shall provide support to the City in establishing the administrative record of Contractor’s outreach, education, site visits, and communications with any Customers that may ultimately be subject to City enforcement. City shall bear the responsibility for code enforcement actions such as notices of code violation and assessment of penalties per the Organic Waste ordinance. Contractor shall not be liable for any claims, actions, obligations, demands, damages, liabilities, costs, or expenses for any damages or injuries caused by or arising from (i) the failure of Customers to accept Organic Waste services, or (ii) the suspension or termination of services upon nonpayment in whole or in part by Customers, provided Contractor reports such instances of noncompliance or nonpayment to City for code enforcement.
13. Program Changes. If additional or modified Organic Waste services are directed by City or required due to a change in law and Contractor will otherwise incur additional costs, such as but not limited to changes in service frequency requirements mandated by applicable law adopted or implemented after the Amendment Effective Date, Contractor may be entitled to a rate adjustment as set forth in Section 6.5 of the Agreement. Nothing in this Agreement shall be construed as obligating Contractor to provide additional or modified services prior to City and Athens Services having first agreed in writing to any such change. 1343
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(Amendment, Attachment 2)
EXHIBIT 3A
LIST OF ACCEPTABLE ORGANIC WASTE MATERIALS
FOR GREEN CONTAINERS
GREEN WASTE
• Flower and hedge trimmings
• Grass clippings
• Leaves and branches
• Lumber, scrap wood, and plywood (not painted or treated) • Weeds
FOOD SCRAPS
• Bread, rice, and pasta
• Cheese and dairy
• Coffee grounds and filters
• Fruits and vegetables
• Flowers and herbs
• Meat, bones, and poultry
• Seafood and soft shells
• Pet food (nonmedicated)
FOOD-SOILED PAPER*
• Food-stained paper
• Paper egg cartons
• Paper napkins and kitchen paper towels
• Pizza boxes
• Plates
• To-go boxes (no coating)
• Wood and fiber-based utensils
*Must be 100% fiber-based. No materials with - plastic, wax, or bioplastic coating, liner, or laminate.
UNACCEPTED ITEMS
• All plastics
• Cacti, succulents, and yucca
• Compostable plastics (bioplastics)
• Coffee cups and pods
• Fats, oils, and grease
• Food stickers (please remove from items)
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• Gloves
• Hard shells (clams, mussels, oysters)
• Medication
• Palm fronds
• Paper napkins and paper towels with cleaning chemicals • Parchment and wax paper
• Pet waste
• Rocks and soil
• Rubber bands and twist ties
• Tea bags
• Textiles
• Tissues and wet wipes
(Amendment, Attachment 3)
EXHIBIT 3B
LIST OF ACCEPTABLE RECYCLABLE SOLID WASTE MATERIALS
FOR BLUE CONTAINERS
PLASTICS
• Plastics number 1 as bottle or clamshell
• Plastics numbers 2, 4, 5, and 7
• Soda, juice, and water bottles
• Beverage and detergent jugs
METALS
• Aluminum foil and pie tins (clean)
• Scrap metal
• Steel cans, dishware, etc.
• Tin and aluminum cans
PAPER
• Paper (clean and dry, white and mixed color)
• Envelopes
• File folders (paper only)
• Junk mail and magazines
• Newspaper
• Paper grocery bags
• Telephone books
Acceptable (but may not be recycled)
• Cereal boxes (no plastic insert)
• Egg cartons (paper only and clean)
• Frozen food boxes
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• Soup, milk, and juice cartons
CARDBOARD (or similar)
• Cardboard and corrugated boxes
GLASS
• Amber, green, and mixed-color glass
• Clear food glass jars
• Soda, tea, and liquor bottles
No window glass, porcelain, or non-food-related glass.
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(Amendment, Attachment 4)
EXHIBIT 2
RATE AND FEE SCHEDULE
[Athens to insert]
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THIRD AMENDMENT TO AGREEMENT FOR STREET SWEEPING BETWEEN THE CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC., DBA ATHENS
SERVICES
This THIRD AMENDMENT to the AGREEMENT FOR SWEEPING/CLEANING OF
STREETS, ALLEYS, WALKSTREETS, PARKING LOTS AND THE PIER IN HERMOSA BEACH (“Amendment” or “Amendment No. 3”) is made by and between the CITY OF HERMOSA BEACH, a general law city and California municipal corporation (“City”) and ARAKELIAN ENTERPRISES, INC., dba Athens Services, a California corporation (“Athens Services” or “Athens”). City and Athens Services may hereinafter be individually referred to as “Party” or collectively as the “Parties.”
RECITALS
A. City and Athens Services have previously entered into that certain Agreement for Sweeping/Cleaning of Streets, Alleys, Walkstreets, Parking Lots and the Pier in Hermosa Beach dated October 12, 2010 as amended by those certain first and second amendments dated March 26, 2013 and September 25, 2018 (“Agreement”) and that certain Agreement for Integrated Waste Management Services dated March 20, 2013, as amended by that certain first amendment dated September 17, 2018 (“Solid Waste Franchise”);
B. WHEREAS, City intends to enter into an amendment to the Solid Waste Franchise to address certain new laws pertaining or relating to solid waste handling with which the City must comply, including Assembly Bill Nos. 341, 901, 1594, 1826, and Senate Bill Nos. 341 and 1383, creating the need for the City to improve efforts to divert solid waste from landfills, including recyclable materials and organic waste; C. WHEREAS, the City Council has determined that it is in the best interest of the City for Athens Services to implement certain operational changes pertaining to the provision of services in the City in accordance with this Amendment to ensure street sweeping services are appropriately tailored to meet the aims of the City’s needs and its integrated waste management programs, including but not limited to the implementation of an organic waste collection program under the Solid Waste Franchise; and
NOW, THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, the Solid Waste Franchise, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:
1. Effective Date. The effective date of this Amendment is [insert date] (“Amendment Effective Date”).
2. Term of Agreement. Section C.2 is hereby deleted and in replaced in its entirety as follows:
C.2 Time of Performance
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This Agreement shall expire June 30, 2032 (“Initial Term”).
Notwithstanding the foregoing, the unexcused failure or refusal of Collector to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained herein. The Term may be extended for up to three (3) additional extensions, with each extension for a period of three (3) to five (5) years (each a “Successive Term”), following the expiration of the Initial Term or each Successive Term, upon mutual written agreement of the Parties made not less than ninety (90) days prior to the end of the Initial Term or any Successive Term.
3. Working Time Limits. Section 5.1.7 is hereby deleted and in replaced in its entirety as follows:
5.1.7 Working Time Limits
Residence DistrictsResidential Areas shall be swept between the hours of 8:00 AM and 4:00 PM in accordance with the schedule provided by the Public Works Superintendent on Monday through Thursday, provided, however (i) sweeping of The Strand shall start at 7:30 AM and end no later than 9:30 AM; (ii) sweeping in Residence DistrictsResidential Areas shall be scheduled in three (3) hour “window” periods; (iii) CONTRACTOR shall sweep around areas where cars are illegally parked or any other obstruction that prevents sweeping in the normal course of performance; and (iv) no later than January 1, 2023, the City updates street signage such that the end time for sweeping is one hour earlier than currently posted.
4. Clean Team. A new Section 5.1.24 entitled “Clean Team Service” is hereby added to the Agreement as follows:
5.1.24 Clean Team Service
The CONTRACTOR will, as specified herein, provide a porter one day per week to clean and patrol (“Clean Team Service”) the following locations: Hermosa Avenue, from Herondo Street to 22nd Street; Pier Avenue, from the Pier Avenue to Valley Drive; and the parking structure located at Parking Lot C (“Additional Porter Area”). Cleaning Team Service will include litter removal, weed removal, and general and spot area cleaning. City or porter will alert CONTRACTOR in writing of areas that require special cleaning or pressure-washing in the Additional Porter Area, which CONTRACTOR shall provide as soon as possible but no later than ____ (_) business day of City’s request. Clean Team Services will 1349
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be provided on a regularly scheduled business day determined by City between the hours of _____ a.m. and ____ p.m.
5. Other Added Services. A new Section 5.1.25 entitled “Other Added Services” is hereby added to the Agreement as follows:
5.1.25 Other Added Services
Notwithstanding any provision in this Agreement to the contrary, Contractor shall perform the following additional services:
Area Service Frequency Schedule Months
Valley Park
(2521 Valley Dr.)
Contractor
will empty all
outdoor trash
cans and
replace with
plastic liners,
as necessary
Once daily,
as specified
Weekends
Saturday
and Sunday
Summer
Monday
through
Friday
Weekends
January
through
December
Summer
May through
September
Clark Field
(861 Valley Dr.)
Contractor
will empty all
outdoor trash
cans and
replace with
plastic liners,
as necessary
Once daily,
as specified
Weekends
Saturday
and Sunday
Summer
Monday
through
Friday
Weekends
January
through
December
Summer
May through
September
South Park
(425 Valley Dr.)
Contractor
will empty all
outdoor and
restroom trash
cans and
replace with
plastic liners,
as necessary
Once daily,
as specified
Parties to
coordinate
service time to
provide
optimum
coverage of
daily activities
(i.e., morning,
midday, late
afternoon)
Saturday
and Sunday
January
through
December
Strand wall Pressure
washing (or
equivalent)
Once per
month
Day and
time to be
determined
by City and
Contractor
January
through
December
1350
-4-
6. Due Execution. The person(s) executing this Amendment on behalf of a Party hereto warrant(s) that (i) such Party is duly organized and existing; (ii) such person(s) are duly authorized to execute and deliver this Amendment on behalf of said Party; (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment; and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound.
7. Continuing Effect. Except as amended by this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment. In the event of any conflict between the Agreement and this Amendment, this Amendment shall apply.
8. Entire Amendment. This Amendment contains the entire agreement and understanding between the Parties with respect to the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral and written representations, warranties, agreements, and understandings between the Parties concerning the subject matter of this Amendment.
9. Counterparts. This Amendment may be executed in counterparts, each of which shall be considered an original.
[Signatures page follows]
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth below.
CITY OF HERMOSA BEACH ARAKELIAN ENTERPRISES, INC.,
a California corporation
INSERT
Mayor
Ron Arakelian III
Executive Officer
Date Date
ATTEST
________________________________
INSERT
City Clerk
_____________________________
Date
APPROVED AS TO FORM
________________________________
By: INSERT
City Attorney
_____________________________
Date
1352
ATTENTION: The City Council of the City of Hermosa Beach (“City”) will conduct a public hearing on ______________, or as soon thereafter as the matter may be heard, in the City of Hermosa Beach City Hall Council Chambers, located at 1315 Valley Drive, Hermosa Beach, to consider adopting increases and adjustments in the City’s current rates for solid waste collection provided by Athens Services Inc. (“Solid Waste Collection Rate(s)” or “Rate(s)”).
Individuals may participate in person at City Hall. City Council meeting agenda will be posted in advance of that meeting at: https://www.hermosabeach.gov/. The public may also view the meeting on [insert].
PROPOSED RATE CHANGES
You are receiving this Notice because our records indicate that you are either a City property owner or tenant directly liable for payment of the fees for solid waste collection (i.e., a customer of record).The Notice describes the Solid Waste Collection Rate changes in services you receive from Athens Services, Inc. (“Athens”) and explains how you can file a protest to this proposed Solid Waste Collection Rate increase and participate in the Proposition 218 process.
All current trash rates are being increased due to the negotiation with Athens Services of an amended franchise agreement.
The amended agreement is in compliance with all State mandated solid waste programs. In 2016 the Governor signed into law SB 1383. This law is intended to reduce the emissions of climate pollutants (greenhouse gases) by 1) diverting 75% statewide disposal of organic waste from landfills; 2) recovering at least 20% edible food instead of throwing in the trash by commercial food generators by 2025; and 3) procuring recycled organic waste products for use within the City. In order to achieve these requirements, the law imposes obligations that will affect trash collection in the City, its franchised hauler operations, City program compliance reporting, and all residents and businesses.
As a result of SB 1383, the City must require residents and businesses to separate organic waste (food waste and green waste) from other trash to be managed at a facility other than the landfill. To accomplish this, all property owners, residents and businesses, will be required to enroll automatically in collection services for trash, recycling, and organic waste. Failure by the City to comply with the law can result in penalties of up to $10,000 per day. In order to facilitate these new requirements a new franchise agreement with new service rates has been negotiated.
Will My Trash Rate Change?
Effective July 1, 2023, all trash monthly rates will increase according to Table 1. If approved, the new rates will be adjusted based upon the annual percentage changes in the Consumer Price Index (CPI) for Trash and Garbage Collection (CUUR0000SEHG02), United States City Average (not seasonally adjusted), as determined by the United States Department of Labor Statistics, plus one additional percent, beginning July 1, 2024, and every July 1st thereafter for a fiveyear period. Trash rates may be adjusted without a further public hearing, according to CPI, however, the trash monthly rates shall not increase by more than 5% in any fiscal year. Notice will be provided annually by mail at least 30 days prior to the effective date of any such increase
Proposed Rate Structure
The above increases for Fiscal Year 2023-2024 are shown in further detail in the following table and are representative of residential and commercial collection Rates. If approved, these increased Rates will be effective on July 1, 2023. [INSERT]
HOW DO I PROTEST?
If you wish to protest any of the above increases, you must submit a written protest, signed and in writing, by including your name and service address or assessor parcel number to the City Clerk of the City of Hermosa Beach at 1315 Valley Drive, Hermosa Beach, CA 90254, provided written protests are received prior to the close of the Public Hearing, which will occur when the public testimony on the proposed increases and adjustments is concluded. Any written protest must: (1) state that the identified property owner or tenant (i.e., customer of record) opposes the proposed fee increases to the Solid Waste Collection Rates; (2) provide the location of the identified parcel (by street address or assessor’s parcel number); and (3) include the name and signature of the property owner or tenant submitting the protest. On the envelope please note: Attn: Public Hearing of Solid Waste Rate Changes. A protest letter can be done by any property owner or tenant (i.e., a customer of record) directly responsible for the payment of solid waste collection fees. Only one protest will be counted per identified address/parcel.
NOTICE OF PUBLIC HEARING
PROPOSED CHANGES IN CITY OF HERMOSA BEACH ORGANIC AND RECYCLING RATES FOR FISCAL YEAR 2022 THROUGH 2028
Date:
Place:
1353
IF YOU DO NOT OBJECT TO THE ADJUSTMENTS, NO ACTION IS REQUIRED.
The City Council will hear and consider all written protests to the proposed rate changes at the Public Hearing. Oral and written public comments at the Public Hearing will not qualify as formal protests unless accompanied by a written and signed protest. At the conclusion of the Public Hearing, the City Council will consider adoption of a resolution authorizing the new rate schedule. If written protests against the proposed Rate changes are not received by a majority of property owners or tenants upon which the Solid Waste Collection Rates are imposed (i.e., customers of record) in the City limits, then the City Council will be authorized to impose the Rate changes. If approved, the proposed rate changes will be in effect on July 1, 2023.
This protest hearing is being conducted in accordance with Article XIIID of the California Constitution and Proposition 218 in an abundance of caution and without conceding the applicability of these provisions to privately provided solid waste service. Please note that a rate protest proceeding is not an election. To ensure transparency and accountability in the rate protest tabulation, protests shall constitute a disclosable public record from and after the time they are received.
For further details regarding the basis and reasons for the proposed rate changes to the City’s Solid Waste Collection Rates or any questions you may have regarding the proposed fees to be imposed on your parcel, please contact the _______________.
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1358
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0677
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of October 25, 2022
CITY MANAGER CONTRACT AMENDMENT
(City Attorney Michael Jenkins)
Recommended Action:
Staff recommends City Council approve an amendment to the City Manager’s employment agreement increasing her compensation as of her third and fourth anniversaries of employment and adjusting other terms of the agreement.
Executive Summary:
The City Council conducted the City Manager’s annual performance evaluation in September/October 2022 and directed that a contract amendment be prepared providing for an increase in salary reflecting her performance for both years of service (2021/2022 and 2022/2023).
Background:
At its August 28, 2018 meeting, City Council approved an Employment Agreement with Suja Lowenthal providing for her employment as City Manager. Section 5 of the Agreement provides that the Council will annually conduct a performance evaluation of the City Manager and consider a compensation adjustment at that time. At its July 14, 2020 meeting, City Council approved the first amendment to the City Manager’s employment agreement as of her first anniversary of employment.
At its February 23, 2021 meeting, City Council approved the second amendment to the City Manager’s employment agreement.
Under the Brown Act, performance evaluations are conducted in closed session in order to protect the privacy interests of the employee. The privacy interests of public employees in their work performance are no different than those of employees in the private sector.
Past Board, Commission and Council Actions
Meeting Date Description
August 28, 2018 City Council approved the City Manager’s employment agreement.
July 14, 2020 City Council approved the first amendment to the City Manager’s employment agreement
City of Hermosa Beach Page 1 of 3 Printed on 10/21/2022 powered by Legistar™1359
Staff Report
REPORT 22-0677 Meeting Date Description
August 28, 2018 City Council approved the City Manager’s employment agreement.
July 14, 2020 City Council approved the first amendment to the City Manager’s employment agreement.
February 23, 2021 City Council approved the second amendment to the City Manager’s employment agreement.
Discussion:
The Council conducted the City Manager’s performance evaluation in the latter months of 2021 in connection with the 2020/2021 year of service, but thereafter inadvertently did not address a compensation adjustment for 2021/2022. In September/October 2022, the Council conducted a performance evaluation of the City Manager in connection with the 2021/2022 year of service and directed that a contract amendment be prepared providing for an increase in salary reflecting her performance for both years of service (2021/2022 and 2022/2023) in the amounts of Two Hundred Fifty-Seven Thousand Four Hundred Ninety-Six Dollars ($257,496) effective retroactively from August 28, 2021 through August 27, 2022 and Two Hundred Sixty-Five Thousand Two Hundred Twenty-Four Dollars ($265,224) from August 28, 2022 through August 27, 2023.
Additional changes to the Agreement are summarized as follows:
1. The Term is changed to a fixed term of five (5) years to September 16, 2027;
2. Termination of the Agreement by the City without cause during the term requires 4/5 vote of the membership of the Council; and
3. The City Manager may earn a bonus of up to 10 percent of base salary in the Council’s sole discretion commencing with the 2022/2023 year of service.
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.
Policies:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 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 opportunities.
City of Hermosa Beach Page 2 of 3 Printed on 10/21/2022 powered by Legistar™1360
Staff Report
REPORT 22-0677
Goal 8. A performance-based management and benchmarking program.
Policy:
· 8.1 Community indicators. Utilize performance metrics, standards, and data collection procedures to evaluate progress towards goals.
Fiscal Impact:
The total cost of the negotiated changes through FY 2022-2023 is $49,330, which would be appropriated from the 2020-2021 Unspent Funds assigned fund balance of $2,607,107.
Attachments:
1. Third Amendment to City Manager Employment Agreement
2. Second Amendment to City Manager Employment Agreement
3. First Amendment to City Manager Employment Agreement
4. 2018 City Manager Employment Agreement
5. Link to August 28, 2018 City Council Staff Report
6. Link to July 14, 2020 City Council Staff Report
7. Link to February 23, 2021 City Council Staff Report
Respectfully Submitted by: Michael Jenkins, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director City of Hermosa Beach Page 3 of 3 Printed on 10/21/2022 powered by Legistar™1361
-1-
THIRD AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
This THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter “Third Amendment”) is made and entered into as of the __ day of ____________, 2022, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (hereinafter “City”) and SUJA LOWENTHAL(hereinafter “Employee”).
R E C I T A L S
A. City and Employee entered into a City Manager Employment Agreement (hereinafter the “Agreement”) as of August 28, 2018 providing for employment of Employee as City Manager of City.
B. Pursuant to Section 5 of the Agreement, the City Council conducted an annual performance evaluation of Employee following her third and fourth full years of employment and further evaluated her salary to determine whether modifications are appropriate.
C. The parties now desire to modify the Agreement in order to increase Employee’s salary for the fourth and fifth years of her employment and make other modifications to the terms of the Agreement.
NOW, THEREFORE, in consideration of the foregoing, the parties agree to amend the Agreement as follows:
1. Section 2 of the Agreement is amended in its entirety to read:
1362
-2-
“Term. This Agreement is effective and Employee shall commence her employment on September 17, 2018 and shall continue in effect until September 16, 2027, unless sooner terminated by either party as provided in Section 3 herein.”
2. Section 3.A of the Agreement is amended in its entirety to read:
“A. Employee’s employment with the City is on an at-will basis. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a four-fifths (4/5) vote of the membership of the City Council, the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with paragraph D of this Section 3 and Section 2.12.110 through 2.12.140 of the Municipal Code. Notwithstanding the foregoing, notice of termination shall not be given during or within a period of ninety (90) days succeeding any general municipal election held in the City at which members of the City Council are elected.”
3. Section 3.B of the Agreement is amended in its entirety to read:
“Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to terminate this Agreement for breach by the City, provided that Employee provides thirty (30) days prior written notice of breach to the City and provides the City with a reasonable opportunity to cure.”
4. Section 5 of the Agreement is amended in its entirety to read:
“5. Compensation. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Two Hundred Fifty-Seven Thousand Four 1363
-3-
Hundred Ninety-Six Dollars ($257,496) from August 28, 2021 through August 27, 2022, and Two Hundred Sixty-Five Thousand Two Hundred Twenty-Four Dollars ($265,224) from August 28, 2022 through August 27, 2023, payable in installments at the same time as other employees of the City are paid. Employee shall not be entitled automatically to receive cost of living adjustments afforded to City’s classified employees or department head level executives, but the City Council may in its discretion take the cost of living index into consideration when adjusting Employee’s compensation.
At the time of her annual performance evaluation, or at any other time desired by the City Council, City agrees to evaluate Employee’s salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent (whether in the nature of a cost of living adjustment, merit increase, bonus or other compensation enhancement or otherwise) as City Council in its discretion may determine that it is desirable to do so based on Employee’s performance and such other information as Employee may submit as Employee deems relevant to this determination, including evidence of salaries paid to city managers in comparable cities.
Commencing with Employee’s 2022/2023 work year, Employee may be given exceptional performance recognition in the form of a one-time check up to ten percent (10%) of base salary for exceptional performance during the prior fiscal year. Such bonus, if provided, may be paid as regular pay (non-PERSable), converted to deferred compensation (401A or 457 Plan, HSA or other allowed City plan) to the extent allowed by law or some other mechanism mutually agreed by the parties.”
5. Section 6 of the Agreement is amended in its entirety to read:
1364
-4-
“6. Hours of Work. Employee shall generally work at City Hall or within the City when City Hall is open for business as determined by the City Council, unless attending Cityrelated meetings at venues located outside the City . As of the effective date of this Agreement, City Hall operates on a 4/10 schedule and is closed on Fridays; however, the City Council reserves the right in its discretion to modify the 4/10 work schedule and nothing in this Agreement entitles Employee to a four-day work week. In addition, Employee's duties may involve expenditures of time in excess of forty (40) hours per week, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work hours restrictions and may modify her schedule within reason to adjust for attendance at meetings at night and during other times outside of ordinary business hours.”
6. The salary adjustments provided for by this Third Amendment shall take effect commencing August 28, 2021.
Except as modified above, in all other respects the Agreement is hereby reaffirmed and in full force and effect.
IN WITNESS THEREOF, the parties have executed this Third Amendment as of the day and year first above written.
CITY OF HERMOSA BEACH
____________________________________
MICHAEL DETOY
MAYOR
1365
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ATTEST:
____________________________________
CITY CLERK
EMPLOYEE
____________________________________
SUJA LOWENTHAL
CITY MANAGER
1366
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1368
-1-
FIRST AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
This FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter “First Amendment”) is made and entered into as of the 14th day of July, 2020, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (hereinafter “City”) and SUJA LOWENTHAL(hereinafter “Employee”).
R E C I T A L S
A. City and Employee entered into a City Manager Employment Agreement (hereinafter the “Agreement”) as of August 28, 2018 providing for employment of Employee as City Manager of City.
B. Pursuant to Section 5 of the Agreement, the City Council conducted an annual performance evaluation of Employee and further evaluated her salary to determine whether modifications are appropriate.
C. The parties now desire to modify the Agreement in order to increase Employee’s salary by four percent (4%).
NOW, THEREFORE, in consideration of the foregoing, the parties agree to amend the Agreement as follows:
1. The first sentence of Section 5 of the Agreement is amended to read:
“City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Two Hundred Twenty-Seven Thousand Seven Hundred Sixty Dollars DocuSign Envelope ID: AB4B9CDD-E63C-4E87-B141-D53A0C3A7578 1369
-2-
($227,760.00) payable in installments at the same time as other employees of the City are paid.”
2. The salary adjustment provided for by this First Amendment shall take effect commencing August 28, 2019.
In all other respects the Agreement is hereby reaffirmed and in full force and effect.
IN WITNESS THEREOF, the parties have executed this First Amendment as of the day and year first above written.
CITY OF HERMOSA BEACH
____________________________________
Mary Campbell,
Mayor
____________________________________
Suja Lowenthal,
City Manager
ATTEST:
____________________________________
Eduardo Sarmiento,
City Clerk
DocuSign Envelope ID: AB4B9CDD-E63C-4E87-B141-D53A0C3A7578 1370
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1401
From: tony higgins
To: City Clerk
Cc: Suja Lowenthal; Angela Crespi; Ann Yang; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Re: City Manager Contract supplemental (Item XIV.c.) Date: Monday, October 24, 2022 10:15:18 AM
Edit/th
October 23, 2022
Dear City Council
Re: City Manager Contract supplemental (Item XIV.c.)
As a result of closed session negotiations that may never see the light of day, our City Government, in an egregiously irresponsible and anti-democratic move, put forth a City Manager Contract that changes the vote required to terminate the contract from a simple majority (3-2) vote to a super-majority 4-1 vote.
This was done just a few weeks before an election where three council seats are on the line.
This is simply unacceptable and any city official that supported bringing such an unethical, anti-democratic contract to the floor just before the election of three new council members must be called to account.
If the City Attorney supported the change to the City Manager termination clause he must go.
If Councilman Jackson supported this clause he should be thrown out of office in the upcoming election. If Councilman Massey or Detoy supported it they should resign or be subject to a recall.
If Councilman Armato or Campbell supported bringing this flawed contract to the floor, if they believe this contract represents the best our City can offer under their leadership, then they both should resign effective immediately.
If our City Manager was responsible for placing 4-1 vote termination clause into the contract and/or calling for council approval before the Nov 8th election, she should be called on to resign effective immediately.
One final point, even if a cogent arguments can be made this contract is somehow in the public interest, the vote should have been held after the election of three new Councilmember’s so that the will of the electorate could have been 1402
respected.
There must be public hearings on how this all came to be and why brought to a vote in the wee hours of the night as the last agenda item just before an major election.
Anthony Higgins
1403
From: tony higgins
To: City Clerk
Cc: Suja Lowenthal; Angela Crespi; Ann Yang; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: City Manager Contract supplemental (Item XIV.c.) Date: Monday, October 24, 2022 10:11:52 AM
October 23, 2022
Dear City Council
Re: City Manager Contract supplemental (Item XIV.c.)
As a result of closed session negotiations that may never see the light of day, our City Government, in an egregiously irresponsible and anti-democratic move, put forth a City Manager Contract that changes the vote required to terminate the contract from a simple majority (3-2) vote to a super-majority 4-1 vote.
This was done just a few weeks before an election where three councilseats are on the line.
This is simply unacceptable and any city official that supported bringing such an unethical, anti-democratic contract to the floor just before the election of three new council members must be called to account.
If the City Attorney supported the change to the City Manager termination clause he must go.
If Councilman Jackson supported this clause he should be thrown out of office in the upcoming election. If Councilman Massey or Detoy supported it they should resign or be subject to a recall.
If Councilman Armato or Campbell supported bringing this flawed contract to the floor, if they believe this contract represents the best our City can offer cinder their leadership, then they both should resign effective immediately.
If our City Manager was responsible for placing 4-1 vote termination clause into the contract and/or calling for council approval before the Nov 8th election, she should be called on to resign effective immediately.
One final point, even if a cogent arguments can be made this contract is somehow in the public interest, the vote should have been held after the election of three new Councilmember’s so that the will of the electorate could have been respected.
There must be public hearings on how this all came to be and why brought to a vote in the wee hours of the night as the last agenda item just before an major election.
Anthony Higgins
1404
From: gary brown
To: City Council; City Clerk; Suja Lowenthal; Mayor Pro Tem Ray Jackson Subject: FW:
Date: Monday, October 24, 2022 6:00:42 PM
Sent from Mail for Windows
From: gary brown
Sent: Monday, October 24, 2022 5:48 PM
To: gary brown
Subject:
Sent from Mail for Windows
October 24, 2022
Subject: employee contract with our City Manager
City Council: Detoy; Massey; Campbell; Armata; Jackson
City attorney: Michael Jenkins
Council Members:
Politics is necessary in a civil society; it provides us piece of mind for the many tasks we cannot, or choose not, to do ourselves. It also requires our trust that the people we choose to represent us, are fair and honest in all dealings.
Our only remedy or recourse is to vote them out of office for any breaches of faith that occur.
The political climate of today is fraught with extreme viewpoints, character assassinations, misinformation of all types and in California, rule by one party, the Democrats! Hermosa is not immune, a case in point: two council members are not seeking re-election, a third, Jackson, is. The possibility of three “new” council members, could leave our current council without their usual 5/0 or 4/1 majority. They do have a plan.
Recently, our Council obligated us to join a CCA [Community Choice Aggregation] which will supply all our electricity needs instead of SCE [Southern California Edison]. Councilman Massey has been advocating this for years. For some reason there has never been an outcry to join a risky CCA, especially since you can get the identical plans from SCE, without the inherent risks of bankruptcy! At the Council meeting, 2 climate activists called in late to urge acceptance, despite most of us urging them to allow the “new” Council to make that decision.
Fast forward to our Council meeting Tuesday night 10/25/22. The Council will offer the City Manager a financial package and guaranteed employment for 5 years. If for some reason, the manager’s decision-making abilities became objectional, the Council would need 4 out of 5 votes to dismiss. 1405
This is a high bar for any council to achieve. The 5 year package should be only 3 years.
It would seem prudent that any manager would have more incentive to do well in their job with a 3 year package and 3 out of 5 votes to remove. Human nature is an important consideration! I’m disappointed in our City Attorney for not watching out for our community and the City Council for not having a decent respect for the incoming Council.
Sincerely,
Gary Brown Hermosa resident since 1971
310-374-7819
1406
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0687
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of October 25, 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 10/21/2022 powered by Legistar™1407
October 19, 2022
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council October 25, 2022
TENTATIVE FUTURE AGENDA ITEMS
THURSDAY, OCTOBER 27, 2022 @ 5:30 PM
STATE OF THE CITY
THURSDAY, NOVEMBER 3, 2022 @ 5:00 PM
(NO MEETING TUESDAY, NOVEMBER 8, 2022 DUE TO ELECTION)
INITIAL
DATE
CLOSED SESSION: Amber Webster v. City of Hermosa Beach
THURSDAY, NOVEMBER 3, 2022 @ 6:00 PM
PRESENTATIONS
PROCLAMATION DECLARING NOVEMBER 13 – 19, 2022 AS
UNITED AGAINST HATE WEEK IN HERMOSA BEACH
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 September 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
Application for Per Capita Grant Funds from the State Department of Parks and Recreation for CIP 603 South Park Slope and Irrigation Repairs Public Works Director Staff Request
Sept. 14, 2022
MUNICIPAL MATTERS
Designation of a Maximum Amount of Fee Waivers to be Granted for Special Events in 2023
Community Resources Manager Staff Request
Sept. 27, 2022
Formal Adoption of the Special Event Long-Term Agreement Program Community Resources Manager Staff Request Sept. 27, 2022
Approval of an Agreement between the City of Hermosa Beach and the Hermosa Beach Chamber of Commerce and Visitors Bureau to provide the St. Patrick’s Day Parade, Memorial Day Fiesta Hermosa, Hermosa for the Holidays and Sidewalk Sales Events.
Community Resources Manager Staff Request
Sept. 29, 2022
Update on Temporary Outdoor Permit Programs and Downtown Lane Reconfiguration and Discussion of Development of Permanent Programs Environmental Programs Manager Staff Request
Sept 20, 2022
Mobil Parking Payment RFP – Award of Contract Deputy City Manager Staff Request Sept. 15, 2022
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING NOVEMBER 8, 2022
(GENERAL MUNICIPAL ELECTION DAY)
1408
2 NO MEETING NOVEMBER 22, 2022
(RESCHEDULED TO NOVEMBER 29, 2022)
TUESDAY, NOVEMBER 29, 2022 @ 5:00 PM
(RESCHEDULED FROM NOVEMBER 22, 2022) INITIAL
DATE
CLOSED SESSION
TUESDAY, NOVEMBER 29, 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 October 2022
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for October 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 September 21, 2022
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 6, 2022
Community Resources Manager Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of November 15, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Assembly Bill 361 Compliance City Clerk Ongoing
List of Regular and Ongoing City Board and Commission Appointive Terms That Will Expire During the 2023 Calendar Year
City Clerk Annual
2022 Local Agency Biennial Notice regarding the City’s Conflict of Interest Code
City Clerk Biennial
South Bay Workforce Investment Board Quarterly Summary (1st Quarter for 2022-2023)
Chris Cagle, SBWIB Regional
Affairs Manager
Quarterly
Request for Approval of Sponsorship Donation to the Beach Cities Health District’s 24th Annual Holiday Gift Bag Project
City Manager Annual
PUBLIC HEARINGS – 6:30 PM
Second Reading - An Ordinance of the City Of Hermosa Beach Amending Title 15 of the Hermosa Beach Municipal Code, Adopting by Reference the 2022 California Building Code and Specified Appendices, 2022 California Residential Code and Specified Appendices, 2022 California Electrical Code and Specified Appendix, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Existing Building Code, the 2022 California Green Building Standards Code, and the 2021 International Property Maintenance Code With Local Amendments.
Community Development Director Staff Request
Oct. 6, 2022
MUNICIPAL MATTERS
Update and City Council Direction on Sustainability Rebates and Fee Waivers for Green Building and Zero Emissions Vehicles Incentives Environmental Programs Manager Staff Request
Oct. 12, 2022
Upcoming Vacancy – Los Angeles County West Vector and Vector-Borne Control District Board Term Expiration – Schedule Applicant Interviews City Clerk Two-Year Term
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
1409
3 MONDAY, DECEMBER 12, 2022 @ 6:00 PM
CERTIFICATION OF COUNTY ELECTION RESULTS;
INSTALLATION OF NEW OFFICERS;
APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE;
AND COUNCIL COMMITTEE REORGANIZATION
DECEMBER 13, 2022 @ 4:30 PM
APPLICANT INTERVIEWS FOR CITY REPRESENTATIVE TO THE LOS ANGELES
COUNTY WEST VECTOR AND VECTOR-BORNE CONTROL DISTRICT BOARD DECEMBER 13, 2022 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
DECEMBER 13, 2022 @ 6:00 PM
PRESENTATIONS
LOCAL CONTEST WINNERS OF THE LOS ANGELES
PUBLIC LIBRARY 2022 CHILDREN’S BOOKMARK CONTEST
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 October 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
MUNICIPAL MATTERS
Appointment of City Representative to the Los Angeles County West Vector and Vector-Borne Control District Board
City Clerk Two-Year Term
City Council Committee Reorganization City Clerk Annual City Council Meeting Schedule for 2023 City Manager Annual FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING DECEMBER 27, 2022
WINTER BREAK
1410
4 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
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
Administrative Memorandum
1411
5 (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
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
Community
Development
Director/Environmental
Program Manager
Authorize the SBCCOG to contract for alert and warning services through Everbridge and Alert South Bay on behalf of the City of Hermosa Beach Initiated by: Staff Request January 27, 2022
Emergency
Management
Coordinator
Public Hearing to discuss 2023-2024 Residential and Employee Parking Permits
Initiated by: Council Direction January 31, 2022
City Manager
Update Municipal Code Chapter 1.06 to also include the Hermosa Beach wordmark in our ordinance
Initiated by: Staff Request February 8, 2022
City Manager/Senior
Management Analyst
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Consideration of proposal for Extension and Amendment of agreements between the City and Athens Services for solid waste and street sweeping services
Initiated by: Council Direction May 10, 2022
Environmental Program
Manager
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