The timeline for the process for appointing Commissioners is as follows:
May 2, 2022 Open of application period. Notices will be posted in the City Clerk’s office and forwarded to the
newspaper for publication. Notices will also be
forwarded to homeowners’ associations in Laguna
Hills and to the Laguna Hills Technology Library, as
well as made available on the City’s website.
June 3, 2022 Close of application period; thirty days is the standard application period for the City’s biennial
Commission appointment process.
June 14, 2022 The City Council conducts interviews and appoints new Commissioner.
June 28, 2022 New Commissioner provided with Certificate of Appointment and is sworn in at City Council meeting.
July 20, 2022 New Traffic Commissioner attends first Traffic Commission meeting.
It is recommended that the City Council direct Staff to proceed with the process to fill the unscheduled vacancy per Government Code Section 54974 and the Laguna Hills Municipal Code Section 2-28.080.
ATTACHMENTS:
• Letter of Resignation - Commissioner Caskey
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Attachment: Letter of Resignation - Commissioner Caskey (2825 : Unscheduled Vacancy for Traffic Commission) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 26, 2022
TO: Mayor and Council Members
FROM: Dan Meehan
Community Services Superintendent
ISSUE: 2022 Laguna Hills Memorial Day Half Marathon, 10K, and 5K Event, and Aliso Viejo Community Association (AVCA) License to Enter and Indemnity Agreement to Access AVCA’s Private Street During the Race Event
RECOMMENDATION: That the City Council: 1) Receive and file the pre-event planning report; and 2) Approve the AVCA License to Enter and Indemnity Agreement and authorize the City Manager to execute the Agreement.
SUMMARY:
The 23rd annual City of Laguna Hills Memorial Day Half Marathon, 10K and 5K, honoring the USMC Dark Horse Battalion is scheduled for Monday, May 30, 2022. Event registration opened in early December 2021 and there are approximately one thousand four hundred (1,400) runners registered for the event at this time. The Laguna Hills 3/5 Marine Support Committee (“Team Darkhorse”) has selected USMC Combat Veteran Raymond Orozco to serve as the Grand Marshall for the 2022 event. Attached to the staff report is a License to Enter and Indemnify Agreement from the Aliso Viejo Community Association (“AVCA”) for the City Council’s approval. The City once again intends to donate $3 from each paid 5K, 10K, and half marathon race registration to Team Darkhorse at the conclusion of the event.
BACKGROUND:
The 23rd annual City of Laguna Hills Memorial Day Half Marathon, 10K and 5K honoring the USMC Dark Horse Battalion is scheduled for Monday, May 30, 2022. All races will
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2022 Memorial Day Half Marathon, 10K, and 5K Event
April 26, 2022
start at 7:00 AM, which allows the streets impacted by the event to re-open as early as possible. Staff intends to once again work with The Toll Roads to waive toll road fees in exchange for booth space at the Community Expo. The tolls have been waived between the hours of 7:00 to 9:00 AM during past years’ events to minimize the inconvenience for Aliso Viejo residents due to the road closures at Alicia Parkway and Moulton Parkway.
As the City Council may recall, a pledge formula was established by City Council direction, whereby, the City intends to donate $3 from each paid 5K, 10K, and half marathon registration to Team Darkhorse at the conclusion of the event. The pledge formula for providing continued financial support to Team Darkhorse was established by the City Council at its November 22, 2011, meeting after reviewing several funding options. The donation to Team Darkhorse is formalized with a Community Assistance Funding Resolution each year as a post event action by the City Council. Based on the City Council approved pledge formula, $3,750 was provided to Team Darkhorse in 2021 by City Council Resolution for Community Assistance Funding. As noted above, members of Team Darkhorse have selected USMC Combat Veteran Raymond Orozco to serve as the Grand Marshall for the 2022 event.
All course maps are attached to this staff report. As a portion of the half marathon is run on AVCA property, a License to Enter and Indemnity Agreement between the City of Laguna Hills and AVCA is required. The Agreement is attached to this staff report. Staff’s recommendation is that the City Council approve the Agreement and authorize the City Manager to execute the Agreement.
Staff will provide the City Council with a synopsis of the event including the results of the charity outreach activity when the post event report is brought to the City Council in August 2022.
FISCAL IMPACT:
The budget for the 2022 Memorial Day race event is $194,000 for expenditures and $203,800 in revenue, including event sponsorship. Event revenue for the 2021 event was $56,483 and expenditures totaled $100,258. The expenditure total for 2021 also included the $3,750 provided to the 3/5 Marine Support Committee.
ATTACHMENTS:
• Attachment 1 - Course Maps
• Attachment 2 2022 AVCA Agreement
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ATTACHMENT 1
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Attachment: Attachment 1 - Course Maps (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event)
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Attachment: Attachment 1 - Course Maps (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event)
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Attachment: Attachment 1 - Course Maps (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event)
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Attachment: Attachment 2 2022 AVCA Agreement (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event)
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Attachment: Attachment 2 2022 AVCA Agreement (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event)
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Attachment: Attachment 2 2022 AVCA Agreement (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event)
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Attachment: Attachment 2 2022 AVCA Agreement (2827 : 2022 Memorial Day Half Marathon, 10K, and 5K Event) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 26, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Proposed Business Attraction and Retention Contractual Services Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023 and a Related Budget Amendment
RECOMMENDATION: That the City Council: 1) Approve the proposed “Business Attraction and Retention Contractual Services Agreement" between the City of Laguna Hills and the Laguna Hills Chamber of Commerce; 2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021-2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services"; and 3) Authorize the Mayor to execute the Agreement.
SUMMARY:
At the February 8, 2022, City Council meeting, Council Member Pezold presented her report regarding City support for the Laguna Hills Chamber of Commerce, with the Council voting to direct Staff to work with the Chamber of Commerce to prepare deal points for City Council consideration. On March 24, 2022, City staff met with representatives of the Laguna Hills Chamber of Commerce and discussed potential deal points for a Business Attraction and Retention Contractual Services Agreement (Agreement) to support the City’s economic development efforts for Fiscal Year 2022- 2023. Subsequently, the City Council considered the Chamber’s proposed deal points in support of the agreement at its April 12, 2022, meeting, and directed Staff to prepare the Agreement with the Chamber of Commerce, with compensation to include: $10,000 in monetary funds; use of the Community Center meeting and event facilities; and kiosk
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Proposed Business Attraction and Retention Contractual Services Agreement with Chamber of Commerce
April 26, 2022
space located within the City Hall reception area. In addition, Mayor Wheeler received City Council consensus to direct Staff to notify the Council when Suite 310, or a suite of similar size, becomes available by placing the item on a future regular meeting Agenda.
The City Attorney has prepared a proposed Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023, provided as Attachment 1 to this report. The Scope of Services is provided as Exhibit A to the proposed Agreement, and compensation to be provided by the City is detailed in Section 2 of the proposed Agreement.
The proposed Agreement stipulates the payment of $10,000 be provided in lump sum to the Chamber within 30 days of the effective date of the Agreement but an appropriation of $10,000 for business attraction and retention services is not included in the current adopted Fiscal Year 2021-2022 Operating Budget. It is Staff’s recommendation that the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021-2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services". The proposed Resolution is provided as Attachment 3 to this report.
Furthermore, the proposed Agreement memorializes the deal points agreed upon by the City Council and the Chamber of Commerce, for Services to be provided during Fiscal Year 2022-2023, with the proposed Agreement including standard contract terms regarding insurance and indemnification, and that the Chamber maintain good standing with their 501(C)(6) tax exempt status. In addition, the proposed Agreement states that City compensation shall not be used for any political activities or purposes.
BACKGROUND:
At the February 8, 2022, City Council meeting, Council Member Pezold presented her report regarding City support for the Laguna Hills Chamber of Commerce. City Council discussed various options for supporting the Chamber of Commerce, including monetary support and/or equivalent services, in return for business attraction and retention services. The City Council voted to direct Staff to work with the Chamber of Commerce to prepare a deal points outline for City Council consideration, consistent with the parameters set forth in the February 8 PowerPoint presented by Council Member Pezold.
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Proposed Business Attraction and Retention Contractual Services Agreement with Chamber of Commerce
April 26, 2022
On March 24, 2022, City staff met with representatives of the Laguna Hills Chamber of Commerce and discussed deal points for a potential Business Attraction and Retention Services Agreement to support the City’s economic development efforts for Fiscal Year 2022-2023. Subsequent to the March 24, 2022, meeting, the Chamber of Commerce submitted to the City a proposed deal points outline, with a Scope of Services to be performed by the Chamber of Commerce and City compensation to the Chamber, including: monetary support; use of the Laguna Hills Community Center meeting and event facilities; office space within the Laguna Hills Civic Center; and kiosk space within the City Hall reception area.
The City Council considered the Chamber’s proposed deal points at its April 12, 2022, meeting, and directed Staff to prepare the Agreement with the Chamber of Commerce including the proposed Scope of Services and compensation to include $10,000 in monetary funds, use of the Community Center meeting and event facilities, and kiosk space located within the City Hall reception area. With regard to Civic Center office space for the Chamber of Commerce, this matter was deferred as Mayor Wheeler received City Council consensus to direct Staff to notify the City Council when Suite 310, or a suite of similar size, becomes available by placing the item on a future regular meeting Agenda. The April 12, 2022, Staff report and attachments are included as Attachment 2 to this report.
DISCUSSION:
Based on City Council direction at its April 12, 2022, meeting, the City Attorney prepared a proposed Business Attraction and Retention Contractual Services Agreement with the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023, provided as Attachment 1 to this report. The proposed Chamber of Commerce Scope of Services, as discussed at the April 12 meeting, is provided as Exhibit A to the proposed Agreement. The Scope of Services includes outreach to prospective and new businesses to Laguna Hills and marketing the City to attract desired businesses so as to enhance the welfare and wellbeing of the City’s residents and existing businesses. Marketing services include use of the City logo in all advertising for City/Chamber events. Chamber of Commerce services include maintenance of a business retention relationship with the Laguna Hills business community, with business outreach to assess and address business needs, concerns, and questions, to improve business conditions and relations within the community, and to communicate these issues to the City as warranted and, at a minimum, in a quarterly report.
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Proposed Business Attraction and Retention Contractual Services Agreement with Chamber of Commerce
April 26, 2022
The Scope of Services would be provided at events conducted during Fiscal Year 2022- 2023, as listed in Exhibit A of the proposed Agreement, including: National Night Out; State of the City; 4th of July; and Heritage Day (if established) or other City events at which Chamber assistance is requested/provided throughout the year.
Compensation
The proposed Agreement includes three categories of compensation to be provided by the City, summarized below, in return for the Services performed by the Chamber:
1) Funding. A total of $10,000 paid in a lump-sum amount within 30 days of Agreement approval.
2) Meeting and Event Space. Meeting and event facilities at the Laguna Hills Community Center made available to the Chamber of Commerce, free of charge, including twice a month in the Tower Room for regular Chamber Board meetings and up to six special events held in the Heritage Room. 3) Kiosk Space. A kiosk space will be made available at the City Hall reception desk area for the Chamber to provide business attraction and general Chamber of Commerce information.
Proposed Business Attraction and Retention Contractual Services Agreement The proposed Business Attraction and Retention Contractual Services Agreement (Attachment 1) memorializes the deal points agreed upon by the City Council and the Chamber of Commerce, to support the City’s economic development efforts for Fiscal Year 2022-2023. The proposed Agreement states that the City has determined there is a need to retain business attraction and retention services; that the Chamber of Commerce has special business attraction and retention knowledge, skills, experience, and resources available to promote, support and develop Laguna Hills businesses; that the Chamber has expressed interest in providing business attraction and retention services to the City; and that the City desires to retain the Chamber of Commerce to provide said services for the benefit of the Laguna Hills business community.
The proposed Agreement includes but is not limited to the following standard terms:
1) Term. Services to be provided by Chamber of Commerce commencing on April 26, 2022 and ending on June 30, 2023; Fiscal Year 2022-2023.
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Proposed Business Attraction and Retention Contractual Services Agreement with Chamber of Commerce
April 26, 2022
2) Insurance Requirements. Chamber of Commerce to provide and comply with City-standard insurance requirements for retaining consultant services, including commercial liability, automobile liability, and workers’ compensation insurance. 3) Indemnification. Chamber of Commerce to comply with City-standard Indemnification requirements for retaining consultant services. 4) IRS 501(C)(6) Tax Exempt Status. The Laguna Hills Chamber of Commerce shall at all times during the Term of the proposed Agreement maintain and be in good standing with their 501(C)(6) tax exempt status; City funds and/or City facilities provided by the City to the Chamber, as set forth in the proposed Agreement, shall not be used to benefit one shareholder or for purposes of lobbying that violates their 501(C)(6) tax exempt status.
In addition, Section 10.8 of the proposed Agreement states that City funds and/or City facilities provided by the City to the Chamber, as set forth in the Agreement, shall not be used for any political activities or for any political purposes, and that the Chamber shall not use any portion of the City funds and/or City facilities to advocate for or to oppose any local municipal election issue, ballot measure, campaign, or candidate.
FISCAL IMPACT:
The proposed lump-sum monetary compensation of $10,000 for the procurement of business attraction and retention services from the Chamber of Commerce is due within 30 days of the effective date of the Agreement and would be funded by the City’s General Fund. Given an appropriation of $10,000 for business attraction and retention services is not included in the current adopted Fiscal Year 2021-2022 Operating Budget, it is Staff’s recommendation that the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, amending the Fiscal Year 2021-2022 Budget by increasing the General Government Department Operating Budget for Business Attraction and Retention Services". The proposed Resolution is provided as Attachment 3 to this report.
Use of the Community Center meeting facilities would have a cost equivalent to the lost revenue for any events that would otherwise be scheduled for the dates and times used by the Chamber of Commerce.
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Proposed Business Attraction and Retention Contractual Services Agreement with Chamber of Commerce
April 26, 2022
ATTACHMENTS:
• Attachment 1 - Proposed Agreement
• Attachment 2 - April 12, 2022 Staff Report and Attachments • Attachment 3 - Proposed Resolution
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1679018.1
1 BUSINESS ATTRACTION AND RETENTION
CONTRACTUAL SERVICES AGREEMENT
Laguna Hills Chamber of Commerce
Fiscal Year 2022/2023
THIS CONTRACTUAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 26th day of April 2022, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “City”), and the LAGUNA HILLS CHAMBER OF COMMERCE, a California nonprofit corporation, with its principal place of business located at 23016 Lake Forest Drive, Suite D219, Laguna Hills, California (hereinafter referred to as “Chamber”). City and Chamber are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”
RECITALS
A. The Chamber is a 501(C)(6) nonprofit corporation that is organized, among other things, for the following purposes: to provide opportunities and benefits for the local Laguna Hills business community to help strengthen such businesses; to promote and assist local businesses in Laguna Hills by creating a local business climate where such commerce can operate in a productive and profitable manner; to cooperate with and support the local business community of Laguna Hills both locally and within the region; to educate, inform, and encourage Laguna Hills residents to shop and dine in Laguna Hills and to patronize such local businesses; and to increase the economic base of Laguna Hills while preserving local historic resources, quality of life, ambiance, and the interests of Laguna Hills businesses.
B. City has determined that there is a need to retain certain business attraction and retention services in order to further promote, support, and develop the Laguna Hills businesses community; toward this end, City desires to retain Chamber to promote the Laguna Hills business community by disseminating business attraction and retention information that the City would otherwise need to produce and provide in order to support and promote the local Laguna Hills business community and to promote economic development opportunities within the City.
C. Chamber has special knowledge, skills, experience, and resources available to provide such services to assist the City in disseminating information that will promote, support, and develop Laguna Hills businesses in furtherance of the City Council's economic development goals and objectives.
D. Chamber has expressed interest in providing such business attraction and retention services to City, pursuant to the terms of this Agreement. Chamber represents and maintains that it is uniquely qualified by virtue of its experience, knowledge, education, reputation, and expertise to provide these services to City and has agreed to provide such services as provided herein. City does not have the personnel, technical expertise, or experience able to perform the work and services contracted for herein.
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2 E. City desires to retain Chamber to provide business attraction and retention services for the benefit of the Laguna Hills business community. The City Council hereby finds and determines that the expenditure of community assistance funding in the Fiscal Year 2022/2023 operating budget to the Laguna Hills Chamber of Commerce for the procurement of certain business attraction and retention services, as authorized herein, fulfills a public purpose and provides a direct public benefit to the City of Laguna Hills.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in view of the economic development goals and objectives of the City, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CHAMBER
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Chamber agrees to provide and perform business attraction and retention services as described and as set forth in the Scope of Services, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Chamber acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, knowledge, experience, and resources and that, consistent with this understanding, Chamber’s Services and Work shall be performed in a skillful and competent manner.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Scope of Services, which shall be referred to collectively hereinafter as the “Contract Documents.” The Scope of Services, attached hereto as Exhibit “A,” is hereby incorporated by reference and is made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.
1.3 Compliance with Law. Chamber shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Chamber shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Chamber shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Chamber performs any Work or Services in violation of such laws, rules, and regulations, Chamber shall be solely responsible for all penalties and costs arising therefrom. Chamber shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
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3 1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Chamber shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Work and Services required by this Agreement. Chamber represents and warrants to City that Chamber shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Chamber to perform the Work and Services under this Agreement. Chamber shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Chamber's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.
1.5 Familiarity with Work. By executing this Agreement, Chamber represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
1.6 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.7 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Chamber, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Chamber.
1.8 Non-Exclusive Agreement. Chamber acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Chamber further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount.
A. Compensation. For the Services and Work rendered pursuant to this Agreement, Chamber shall be compensated by City for the services to be performed in the total not to exceed amount of Ten Thousand Dollars ($10,000.00) (hereinafter referred to as the
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4 "Maximum Contract Amount"). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.
B. Payment by City. The Parties understand and agree that the Maximum Contract Amount shall be paid by City to Chamber in a lump sum amount within thirty (30) days of the effective date of this Agreement. Payment shall be made conditioned upon the following:
(1) the Chamber is not in default of any material terms of this Agreement; and (2) the Chamber maintains its 501(C)(6) status throughout the term of this Agreement.
C. Community Center Meeting Room Space. Meeting room space at the Laguna Hills Community Center will be provided to the Chamber, free of charge, for regular board meetings held twice a month, on the 1st and 3rd Thursdays, between 8:30am and 10:00am in the Tower Room, and for up to six special events held in the Heritage Room, dates and times not to conflict with the City’s regular recreation/facility reservation schedule or special events.
Chamber to submit Heritage Room reservation requests to City a minimum four weeks prior to any event.
D. Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide business attraction information.
2.2 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for Services.
2.3 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Chamber is an essential condition of this Agreement. Chamber shall prosecute regularly and diligently the Work of this Agreement.
3.2 Schedule of Performance. Chamber shall commence the Services pursuant to this Agreement upon its effective date and shall perform all Services in a timely manner.
3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of fourteen (14) months, commencing on April 26, 2022, and ending on June 30, 2023, unless extended by mutual written agreement of the Parties.
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5 4. COORDINATION OF WORK
4.1 Representative of Chamber. The following principal of Chamber is hereby designated as being the principal and representative of Chamber authorized to act on its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Jake Anderson, CEO/President.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Chamber's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Chamber shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Chamber, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Chamber shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Chamber shall not contract with any other person or entity to perform the Services required without prior written consent of City. If Chamber is permitted to subcontract any part of this Agreement by City, Chamber shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Chamber a City employee. During the performance of this Agreement, Chamber and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Chamber will determine the means, methods, and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Chamber shall at all times be under Chamber’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Chamber or any of its officers, employees, or agents, except as set forth in this Agreement. City shall have no voice in the selection, discharge, supervision, or control of Chamber’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Chamber shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Chamber in its business or otherwise a joint venturer or a member of any joint enterprise with Chamber.
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6 B. Chamber shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Chamber, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.
Except for fees paid to Chamber as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Chamber for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Chamber, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.7 herein, of any nature relating to salary, taxes, or benefits of Chamber’s officers, employees, representatives, agents, or subconsultants or subcontractors, Chamber shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
A. In the event that Chamber or any employee, agent, or subcontractor of Chamber providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Chamber shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Chamber or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Chamber and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
5. INSURANCE
5.1 Compliance with Insurance Requirements. Chamber shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Chamber shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Chamber’s existing insurance policies do not meet the insurance requirements set forth herein, Chamber agrees to amend, supplement or endorse the policies to do so.
5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement,
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7 Chamber shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Chamber shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.
B. Automobile Liability Insurance. Chamber shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage.
C. Workers’ Compensation Insurance. Chamber shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Chamber agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Chamber agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Chamber shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
6. INDEMNIFICATION
To the fullest extent permitted by law, Chamber shall defend (at Chamber’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Chamber’s employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or
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8 local law or ordinance, which Claims arise out of, pertain to, or are related to Chamber’s negligent performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Chamber’s indemnification obligation or other liability hereunder.
7. REPORTS AND RECORDS
7.1 Accounting Records. Chamber shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Chamber shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Chamber, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Chamber shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Chamber covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting Party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Chamber thirty (30) days written notice. Upon receipt of such notice, Chamber shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Chamber shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Chamber shall submit
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9 to the City an invoice for work and services performed prior to the date of termination. In addition, Chamber reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Chamber may determine.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.5 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Chamber, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Chamber or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Chamber represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.
10. MISCELLANEOUS PROVISIONS
10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:
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10 To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
To Chamber: Laguna Hills Chamber of Commerce
Attention: Jake Anderson, CEO/President
23016 Lake Forest Drive, Suite D219
Laguna Hills, California 92653
Telephone: (949) 542-6016
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.4 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10.5 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.6 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.
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11 10.7 IRS 501(C)(6) Tax Exempt Status. The Laguna Hills Chamber of Commerce shall at all times during the term of this Agreement maintain and be in good standing with its 501(C)(6) tax exempt status. City funds and/or City facilities provided by the City to the Chamber, as set forth in this Agreement, shall not be used to benefit one shareholder or for purposes of lobbying that violates its 501(C)(6) tax exempt status; and a quarterly report shall be provided to the City that includes an accounting for how all City funds authorized by this Agreement were spent.
10.8 No Political Activities. City funds and/or City facilities provided by the City to the Chamber, as set forth in this Agreement, shall not be used for political activities or for political purposes. Chamber shall not use any portion of the City funds and/or City facilities provided herein to advocate for or to oppose any local municipal election issue, ballot measure, campaign, or candidate.
[SIGNATURES ON NEXT PAGE]
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12 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation
DAVE WHEELER,
Mayor
ATTEST:
(SEAL)
MELISSA AU-YEUNG,
Deputy City Manager/City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
“CHAMBER”
Laguna Hills Chamber of Commerce,
a California nonprofit corporation
By:
JAKE ANDERSON, CEO/President
By:
BRADY RUNYON, Treasurer
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EXHIBIT “A”
SCOPE OF SERVICES
_____________________________________________________________________________
LAGUNA HILLS CHAMBER OF COMMERCE PROPOSAL
FOR PROVIDING BUSINESS ATTRACTION AND RETENTION SERVICES
TO THE CITY OF LAGUNA HILLS
FISCAL YEAR 2022-2023
1. Services to be Provided. The Laguna Hills Chamber of Commerce will provide the following Scope of Services for Fiscal Year 2022-2023 to City as part of a Business Attraction and Retention Services Agreement supporting the City Council's economic development goals and objectives:
A. Conduct business attraction efforts with prospective and potential new and relocating businesses to the City of Laguna Hills.
B. Welcome new businesses to the City, including outreach to new businesses. City to promptly provide Chamber with information on all new issuances of certificates of use and occupancy.
C. Diligently advertise and market the City of Laguna Hills in such a manner as to attract worthwhile business enterprises to the City, which will enhance the general welfare and well-being of the City’s residents and businesses.
D. Maintain a professional business attraction and retention relationship with the local Laguna Hills business community.
E. Contact businesses located within the City to assess and address their needs, concerns, and questions to improve business conditions and relations within the community. These assessments will be communicated to the City as warranted and at minimum as part of a quarterly report to the City, as detailed herein below.
F. Transmit a written quarterly report to the City which identifies City-related and/or Business Attraction/Retention issues that arise during business contacts.
G. Provide access to the Chamber of Commerce website with community news, events, business directory and links to various Chamber partners.
H. Include the official City seal in all advertising for joint City/Chamber community events, as identified herein.
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I. Provide a non-voting, board liaison position for City Staff whereby they can observe and participate in addressing the needs and concerns of Laguna Hills businesses and residents.
2. Events At Which Chamber Services Described Herein Are To Be Performed, But Not Limited To:
A. National Night Out;
B. State of the City;
C. 4th of July; and
D. Heritage Day and/ or any other mutually agreed upon community event at which City requests business attraction and retention service assistance.
3. Compensation. The Chamber of Commerce will receive annual compensation from the City of Laguna Hills for the performance of the business attraction and retention services described herein, subject to an annual Budget Allocation, as follows:
A. Compensation. A total of $10,000.00 for Chamber Services described in Section 1 and 2 to be paid by City in a lump sum amount within 30-days of Agreement approval.
B. Community Center Meeting Room Space. Meeting room space at the Laguna Hills Community Center will be provided to the Chamber, free of charge, for regular board meetings held twice a month, on the 1st and 3rd Thursdays, between 8:30am and 10:00am in the Tower Room, and for up to six special events held in the Heritage Room, dates and times not to conflict with the City’s regular recreation/facility reservation schedule or special events. Chamber to submit Heritage Room reservation requests to City a minimum four weeks prior to any event.
C. Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide business attraction information.
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City Council/Planning Agency
Staff Report
DATE: April 12, 2022
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Proposal for City to Retain Specified Local Business Attraction and Retention Services from the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023
RECOMMENDATION: That the City Council review and approve proposed "deal points" that will then be used to prepare a proposed "Business Attraction and Retention Services Agreement" between the City of Laguna Hills and the Laguna Hills Chamber of Commerce for Fiscal Year 2022-2023.
SUMMARY:
At its February 8, 2022, meeting, the City Council discussed options for supporting the Laguna Hills Chamber of Commerce, including monetary support and/or equivalent services. At that meeting, the City Council voted to table the item until the anticipated July 2022 Budget amendment discussion, and directed Staff to work with the Chamber of Commerce to prepare deal points for City Council consideration, consistent with parameters set forth in the PowerPoint presented at that meeting by Councilmember Pezold. At the following February 22, 2022, City Council meeting, Mayor Pro Tempore Heft requested an agenda item be scheduled at the next meeting in order to offer a motion for reconsideration of the timing of the City’s support of the Laguna Hills Chamber of Commerce. At its March 8, 2022, City Council meeting, the Council approved a motion for reconsideration and also passed a motion directing Staff to work with the Chamber of Commerce to develop funding agreement deal points for City Council consideration at its April 12, 2022, meeting.
After a cooperative meeting between Chamber of Commerce representatives and City
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Packet Pg. 115 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual Discussion to Retain Local Business Attraction Services from the LH Chamber of Commerce
April 12, 2022
Staff, on March 24, 2022, the Chamber of Commerce submitted to the City a proposed deal points outline, provided as Attachment 1. The proposed deal points include a scope of services to be performed by the Chamber of Commerce in return for the compensation to be provided by City. Compensation, as proposed by the Chamber of Commerce, includes a payment of $10,000 in direct compensation, meeting and event space at the City’s Community Center, and potential office space at the City’s Civic Center. The use of City space at the Community Center and at the Civic Center are proposed to be provided for no fee. The City Council is requested to provide final direction on these deal points to allow for the preparation of a Business Attraction and Retention Services Agreement between the Chamber of Commerce and the City for Fiscal Year 2022-2023.
BACKGROUND:
At its February 8, 2022, City Council meeting, Councilmember Pezold presented her report regarding City support for the Laguna Hills Chamber of Commerce. City Council discussed various options for supporting the Laguna Hills Chamber of Commerce, including monetary support and/or equivalent services. The City Council voted to table the item until the anticipated July 2022 Budget amendment discussion, and directed Staff, in the meantime, to work cooperatively with the Chamber of Commerce to prepare a deal points outline for City Council consideration in July 2022, consistent with the parameters set forth in the February 8 PowerPoint presented by Councilmember Pezold.
At the following City Council meeting, on February 22, 2022, during the City Council Comments portion of the meeting, Mayor Pro Tempore Heft indicated a desire to discuss a motion to reconsider the timing of the City’s consideration of support of the Laguna Hills Chamber of Commerce, with a second by Councilmember Pezold, to place the item on the March 8, 2022, City Council meeting agenda. At the March 8 meeting, the City Council approved a motion for reconsideration and also passed a motion directing Staff to work with the Chamber of Commerce to develop funding agreement deal points and return this matter to the City Council at its April 12, 2022, meeting. The March 8, 2022, Staff report and attachments are included as Attachment 2 to this report.
DISCUSSION:
On March 24, 2022, City Staff met with two representatives of the Laguna Hills Chamber
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April 12, 2022
of Commerce, Board of Director members Sheri Feinberg and Jeffrey Halloran, to cooperatively discuss deal points for a potential funding agreement for Fiscal Year 2022- 2023, including a scope of services to be performed by the Chamber of Commerce, and specific events during which these services would be provided. Also discussed at the meeting was potential compensation the City may provide to the Chamber of Commerce for the various services provided. Subsequent to the March 24, 2022, meeting, the Chamber of Commerce submitted to the City a proposed deal points outline, provided as Attachment 1.
Scope of Services
The services to be provided to the City of Laguna Hills by the Laguna Hills Chamber of Commerce are proposed as part of a business attraction and retention program to support the City’s economic development efforts. Specific work items, as identified, include outreach to prospective and new businesses to Laguna Hills and marketing the City to attract desired businesses so as to enhance the welfare and wellbeing of the City’s residents and existing businesses. Marketing services include use of the City logo in all advertising for City/Chamber events. Chamber of Commerce services would also include maintenance of a business retention relationship with the Laguna Hills business community, with business outreach to assess and address business needs, concerns, and questions, to improve business conditions and relations within the community and to communicate these issues to the City.
The scope of services in the proposed deal points outline (Attachment 1) would be provided at events conducted during Fiscal Year 2022-2023, including but not limited to:
National Night Out; State of the City; 4th of July; Heritage Day (if created) or other City events at which Chamber assistance is requested throughout the year.
Compensation
The Chamber of Commerce deal points outline proposes four categories of compensation to be provided by the City, summarized below, in return for the services performed by the Chamber:
1) Funding. A total one-time payment of $10,000 is proposed for Chamber of Commerce Business Attraction and Retention Services provided at events, all as detailed in the deal points outline.
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April 12, 2022
2) Meeting Space. Meeting room facilities at the Laguna Hills Community Center would be made available to the Chamber of Commerce during Fiscal Year 2022- 2023, free of charge, including twice a month in the Tower Room for regular Chamber Board meetings and up to six special events held in the Heritage Room. 3) Office Space. Vacant office space, as it may become available, at the Laguna Hills Civic Center would be provided to the Chamber of Commerce during Fiscal Year 2022-2023, free of charge, for distribution of materials for general Business Attraction and Retention efforts, for the education of the business community and for the improvement of business conditions and relations. The Chamber of Commerce proposal does not currently include parameters for the size of an office to be provided. However, as a comparison, the City Council office is approximately 670 square feet. It is reasonable to establish that a similarly sized space be considered for Chamber of Commerce use. Please see Fiscal Impact for further discussion of available, and potentially available, office spaces in the Civic Center and their financial impact to the City.
4) Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide Business Attraction and general Chamber of Commerce information.
Proposed Business Attraction and Retention Services Agreement As the City will be purchasing business attraction and retention services from the Chamber of Commerce, as outlined in the Scope of Work, the City Attorney will prepare a Business Attraction and Retention Services Agreement once the City Council provides final direction on the attached Chamber of Commerce Proposal. The proposed Agreement will memorialize the deal points as agreed upon by the City Council and the Chamber of Commerce, as well as incorporate the following standard agreement terms:
1. Term. Services to be provided by Chamber of Commerce are for one year; May 2022 through June 30, 2023; Fiscal Year 2022-2023.
2. Insurance Requirements. Chamber of Commerce to provide and comply with City-standard Insurance requirements for retaining consultant services.
3. Indemnification. Chamber of Commerce to comply with City-standard
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April 12, 2022
Indemnification requirements for retaining consultant services.
4. Miscellaneous. Contract Terms and Provisions. Chamber of Commerce to comply with other applicable City-standard miscellaneous contract terms and provisions for retaining consultant services.
5. IRS 501(C)(6) Tax Exempt Status. The Laguna Hills Chamber of Commerce shall at all times during the Term of this Agreement maintain and be in good standing with their 501(C)(6) tax exempt status; City funds and/or City facilities provided by the City to the Chamber, as set forth in this Agreement, shall not be used to benefit one shareholder or for purposes of lobbying that violates their 501(C)(6) tax exempt status; and a quarterly report shall be provided to the City that includes an accounting for how all City funds authorized by this Agreement were spent.
6. Lease Agreement. To the extent that office space is provided by the City to Chamber of Commerce at the Laguna Hills Civic Center, Chamber of Commerce shall execute a standard Lease Agreement as to terms and conditions of occupancy of the property.
Comparison of Other South Orange County Cities
For the City Council’s information, the following compensation is provided by other cities in South Orange County to their Chambers’ of Commerce:
City Sponsor of Chamber Sponsorship Amount Lease of City Facilities Aliso Viejo Yes $4,800 None
Laguna Beach Yes $35,000 None
Laguna Niguel Yes $44,000 Yes/fee charged
Lake Forest Yes $16,000 None
Mission Viejo*
Rancho Santa Margarita Yes $25,000 None
San Juan Capistrano Yes $25,000 Yes/fee charged
*A response form Mission Viejo had not been received by the time of release of this report.
As shown in the table above, two surrounding cities provide their Chambers of Commerce with City-leased office space in addition to their sponsorship amounts:
Laguna Niguel and San Juan Capistrano. The City of Laguna Niguel leases 906 square feet
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April 12, 2022
to their Chamber of Commerce at a lease rate of $1,930 per month. The City of San Juan Capistrano provides City facility space at no charge for the lease rate; however, the Chamber of Commerce does reimburse the City of San Juan Capistrano for landscaping and building maintenance and utility costs totaling $1,018 per month.
It is noted that when the South Orange County Chamber of Commerce occupied the Laguna Hills Civic Center from 2010 to 2012 and they did pay market lease rates.
FISCAL IMPACT:
Proposed compensation of $10,000 for the purchase of business attraction and retention services from the Chamber of Commerce would come from the City’s General Fund reserves. Use of the Community Center meeting facilities would have a cost equivalent to the lost revenue for any events that would otherwise be scheduled for the dates and times used.
The City currently leases the second and third floor of the Laguna Hills Civic Center to various private businesses and governmental entities at market rate creating an “enterprise” operation. Leasing operation profits, to the extent they materialize, are regularly transferred to the City’s General Fund. Provision of office space at the Civic Center to the Chamber of Commerce would result in the loss of lease revenue and Common Area Maintenance (CAM) charges that would otherwise be paid by tenants.
The table below lists the currently available, or soon to be available, office suites in the Civic Center.
Available Civic Center Office Suites
Suite
Number Size (sf)
Annual
Lease
Rate
Estimated
Annual
CAM Charges
Availability
Suite 200 1,568 $42,336 $941 Currently under lease but a change in tenancy is in process. Lease terms
with a new tenant have been agreed
to and the Lease Agreement is
currently being drafted. This Lease
Agreement is anticipated to be on
the April 26, 2022, City Council
meeting.
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April 12, 2022
Suite 205 2,343 $63,261 $1,406 Currently vacant as unimproved space. Shell space will require a
minimum of $110,000 to an
estimated $150,000 in capital
construction expense for tenant
improvements.
Suite 250 2,471 $66,717 $1,438 Currently vacant.
Suite 310 873 $23,571 $524 Currently occupied by OC Clerk Recorder. This suite is expected to
be vacated once improvements to
Suite 160 are completed and the
County consolidates their spaces.
Neighboring suite has first right of
refusal to lease this space once
vacated. There is a possibility that
the neighboring suite will not take
the space. If this is the case, the
suite would become available in an
estimated three to six months.
ATTACHMENTS:
• Chamber of Commerce Proposed Deal Points Outline
• March 8, 2022 Staff Report and Attachments
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Packet Pg. 121 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual
LAGUNA HILLS CHAMBER OF COMMERCE PROPOSAL FOR
FY22-23 FUNDING AGREEMENT BETWEEN
CITY OF LAGUNA HILLS AND CHAMBER OF COMMERCE
1. Services to be Provided. The Laguna Hills Chamber of Commerce will provide the following scope of services for Fiscal Year 2022-2023 as part of a Business Attraction and Retention program supporting the City’s economic development goals:
A. Conduct Business Attraction efforts with prospective and potential new and relocating businesses to the City of Laguna Hills.
B. Welcome new businesses to the City, including outreach to new businesses. City to provide information on all new issuances of certificates of use and occupancy.
C. Diligently advertise and market the City of Laguna Hills in such a manner as to attract worthwhile business enterprises to the City, which will enhance the general welfare and wellbeing of the City’s residents and businesses.
D. Maintain a Business Retention relationship with the Laguna Hills Business Community.
E. Contact businesses located within the City to assess and address their needs, concerns, and questions, to improve business conditions and relations within the community. These assessments will be communicated to the City as warranted and at minimum as part of a quarterly report to the City, as detailed herein below.
F. Transmit a written quarterly report to the City which identifies City-related and/or Business Attraction/Retention issues that arise during business contacts.
G. Provide access to the Chamber of Commerce website with community news, events, business directory and links to various Chamber partners.
H. Include the City logo in all advertising for City/Chamber events, as identified herein.
I. Provide a non-voting board position for City Staff whereby they can participate in addressing the needs and concerns of Laguna Hills businesses and residents.
2. Events at which Chamber Services described herein are to be Performed but not limited to:
A. National Night Out
B. State of the City
C. 4th of July
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3. Compensation. The Chamber of Commerce will receive annual compensation from the City of Laguna Hills, subject to an annual Budget Allocation, as follows:
A. Funding. A total of $10,000.00 for Chamber services described in Section 1 and 2 to be paid within 30 days of Agreement approval.
B. Civic Center Office Space. Existing built out office space, neither requiring tenant improvements nor displacement of current tenants in the Laguna Hills Civic Center, will be made available to the Chamber to be used for distribution of materials for: 1) General Business Attraction and Retention efforts, and 2) the education of the business community and improvement of business conditions and relations. City to absorb the cost of Lease Rates and Common Area Maintenance Charges for said office space.
C. Community Center Meeting Space. Meeting space at the Laguna Hills Community Center will be provided to the Chamber, free of charge, for regular board meetings held twice a month, on the 1
st and 3rd Thursdays, between 8:30am and 10:00am in
the Tower Room, and for up to six special events held in the Heritage Room, dates and times not to conflict with the City’s regular or special events. Chamber to submit Heritage Room reservation requests to City a minimum four weeks prior to any event.
D. Kiosk Space. A kiosk space will be made available at the City Hall Reception Desk area for the Chamber to provide Business Attraction information.
4. No Lobbying or Political Purposes. The use of City funds and/or City facilities by the Chamber, as set forth in this Agreement, shall not be used for any political purposes.
4.7.b
Packet Pg. 123 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: March 8, 2022
TO: Mayor and Council Members
FROM: Melissa Au-Yeung
Deputy City Manager
ISSUE: Discussion of Funding, or Equivalent Services, in Support of the Laguna Hills Chamber of Commerce
RECOMMENDATION: Mayor Pro Tempore Heft recommends that the City Council direct Staff to begin work as expeditiously as possible with the Chamber of Commerce to develop funding agreement deal points in support of the Laguna Hills Chamber of Commerce.
SUMMARY:
At its February 8, 2022, City Council meeting, the City Council discussed various options for supporting the Laguna Hills Chamber of Commerce, including monetary support and/or equivalent services. At that meeting, the City Council ultimately tabled the item until the July 2022 budget amendment agenda item, as well as directed staff to work cooperatively with the Chamber of Commerce to establish deal points that can be presented to the City Council for consideration in July 2022. At the following February 22, 2022, City Council meeting, during the City Council Comments portion of the meeting, Mayor Pro Tempore Heft indicated a desire to discuss a motion to reconsider the timing of the City’s consideration of support of the Laguna Hills Chamber of Commerce, with a second by Council Member Pezold. Consequently, Staff recommends the City Council direct Staff to work cooperatively and as expeditiously as possible with the Laguna Hills Chamber of Commerce to establish deal points that can be presented to the City Council for consideration.
For reference, the February 8, 2022, staff report and attachments are included as an
4.7.b
Packet Pg. 124 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual Discussion of Laguna Hills Chamber of Commerce Funding
March 8, 2022
attachment to this report.
FISCAL IMPACT:
The fiscal impact of the deal points will be provided to the City Council upon consideration of the item for approval.
ATTACHMENTS:
• February 8, 2022 Staff Report and Attachments
4.7.b
Packet Pg. 125 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: February 8, 2022
TO: Mayor and Council Members
FROM: Erica Pezold
Council Member
ISSUE: Discussion of Funding, or Equivalent Services, in Support of the Laguna Hills Chamber of Commerce
RECOMMENDATION: Council Member Pezold recommends that the City Council discuss options to support the Laguna Hills Chamber of Commerce.
SUMMARY:
Council Member Pezold is requesting the City Council discuss options to support the Laguna Hills Chamber of Commerce. Options may include: sponsorship opportunities, provide space in the Civic Center for the Chamber, etc.
BACKGROUND:
Staff is providing the following background information: The Laguna Hills Chamber of Commerce (Chamber) provides a menu of membership opportunities (Attachment A):
Membership Levels
Business Membership $225
Non-Profit Membership $165
Community – Non Business $125
President’s Circle – Bronze $1,295
4.7.b
Packet Pg. 126 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual Discussion of Laguna Hills Chamber of Commerce Funding
February 8, 2022
President’s Circle – Silver $2,495
President’s Circle – Gold $3,995
President’s Circle – Platinum $5,000
President’s Circle – Diamond $10,000
Should the City Council decide to join the Chamber, Staff recommends the City join at the Non-Profit Membership level. The current budget does not include membership funding above this level and, as such, a budget amendment would be required for any further economic support of the Chamber.
As an alternate to joining the Chamber as a member and, should the City Council wish to provide financial assistance, it may be more appropriate for the City to provide community assistance funding. At its discretion, the City Council may provide community assistance funding to certain community groups and nonprofit organizations that provide community service, support, and/or programming efforts intended to enhance the quality of life of the City's residents, provided the City Council finds and determines that the expenditure of such community assistance funding fulfills a public purpose and provides a direct public benefit within the City of Laguna Hills. In this instance, the City Council may make the requisite “public purpose findings” for community assistance funding, in a specified amount and for a specific period of time, and approve a formal Resolution of the City Council as a means of providing municipal funding to support the Chamber. Most recently, in FY 2019-2020, the City Council authorized $7,500 of community assistance funding to the Chamber via a Community Assistance Funding Resolution. Community assistance funding has not been included in the current budget and, as such, would also require the approval of a budget amendment if it is further considered.
It should be noted that, irrespective of the funding support mechanism, Staff does not recommend City officials and/or Staff serve on the Laguna Hills Chamber of Commerce Board of Directors, should the opportunity be provided to the City. In its primary function, the City serves in a regulatory capacity, which includes some forms of regulation of businesses. While the City and the Chamber will most often have compatible views on local and State issues affecting businesses, there will be instances where the City, in its regulatory function, is not able to take a position or might even be required to take an opposing position as expressed by the Chamber of Commerce. This
4.7.b
Packet Pg. 127 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual Discussion of Laguna Hills Chamber of Commerce Funding
February 8, 2022
could very well create a conflict of interest and, as such, should be avoided.
FISCAL IMPACT:
Staff is providing the following information: While not currently budgeted, membership in the Laguna Hills Chamber of Commerce at the Non-Profit Level could be accommodated within the 2021-2023 Biennial Budget. Should the City Council decide to join at a higher membership level or provide financial support by way of community assistance funding, a Budget Amendment would be required. Alternatively, providing valuable services to the Laguna Hills Chamber of Commerce could and should be recognized as equivalent to a financial contribution. These services have and can include providing low-cost or free access to City facilities for meetings and events, advertising Laguna Hills Chamber of Commerce events and/or co-sponsoring an annual State of the City event.
ATTACHMENTS:
• Laguna Hills Chamber of Commerce Membership Levels
4.7.b
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4.7.b
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4.7.b
Packet Pg. 132 Attachment: Attachment 2 - April 12, 2022 Staff Report and Attachments (2832 : Proposed Business Attraction and Retention Contractual RESOLUTION NO. 2022-04-26-X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, AMENDING THE FISCAL
YEAR 2021-2022 BUDGET BY INCREASING THE
GENERAL GOVERNMENT DEPARTMENT OPERATING
BUDGET FOR BUSINESS ATTRACTION AND RETENTION
SERVICES
WHEREAS, the City Council of the City of Laguna Hills approved Resolution No. 2021-06-22-5 on June 22, 2021, adopting the Operating Budget, Capital Improvement Program, and Other Appropriations for the City of Laguna for the Fiscal Years 2021-2022 and 2022-2023 Biennial Budget; and
WHEREAS, the Laguna Hills Chamber of Commerce (hereinafter referred to as “Chamber”) is a 501 (C)(6) nonprofit corporation that is organized, among other things, for the following purposes: to provides opportunities and benefits for the local Laguna Hills business community to help strengthen such business to promote and assist local businesses in Laguna Hills by creating a local business climate where such commerce can operate in a productive and profitable manner; to cooperate with and support the local business community of Laguna Hills both locally and within the region; to educate, inform, and encourage Laguna Hills residents to shop and dine in Laguna Hills and to patronize such local businesses; and to increase the economic base of Laguna Hills while preserving local historic resources, quality of life, ambiance, and the interests of Laguna Hills businesses; and
WHEREAS, City Council has determined that there is a need to retain certain business attraction and retention services in order to further promote, support, and develop the Laguna Hills businesses community; toward this end, the City Council desires to retain the Chamber to promote the Laguna Hills business community by disseminating business attraction and retention information that the City would otherwise need to produce and provide in order to support and promote the local Laguna Hills business community and to promote economic development opportunities within the City; and
WHEREAS, the Chamber has special knowledge, skills, experience, and resources available to provide such services to assist the City in disseminating information that will promote, support, and develop Laguna Hills businesses in furtherance of the City Council's economic development goals and objectives; and WHEREAS, the Chamber has expressed interest in providing such business attraction and retention services to the City of Laguna Hills and maintains that it is uniquely qualified by virtue of its experience, knowledge, education, reputation, and expertise to provide these services to the City and has agreed to provide such services; and
4.7.c
Packet Pg. 133 Attachment: Attachment 3 - Proposed Resolution (2832 : Proposed Business Attraction and Retention Contractual Services Agreement with Resolution No. 2022-04-26-X
WHEREAS, the City does not have the personnel, technical expertise, or experience able to perform the work and services for business attraction and retention; and
WHEREAS, the City Council desires to retain the Chamber to provide business attraction and retention services for the benefit of the Laguna Hills business community; and
WHEREAS, the City Council finds and determines that the expenditure of $10,000 for the procurement of certain business attraction and retention services with the Chamber is authorized and the amount is not included in the adopted Fiscal Year 2021-2022 Operating Budget; and
WHEREAS, the adopted Fiscal Year 2021-2022 Operating Budget requires amendment and authorization to adjust appropriations due to the retention of business attraction and retention services with the Chamber.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Adoption of Recitals. The foregoing recitals set forth above are true and correct and are incorporated by reference herein.
SECTION 2. Approval of Budget Amendments. The City Council hereby approves and adopts the proposed amendment to the Fiscal Year 2021-2022 Operating Budget for Business Attraction and Retention Services, as set forth in Exhibit “A”, attached hereto and incorporated herein.
PASSED, APPROVED, AND ADOPTED this 26th day of April 2022. ____________________________________
DAVE WHEELER, MAYOR
ATTEST:
______________________________________
MELISSA AU-YEUNG, CITY CLERK
4.7.c
Packet Pg. 134 Attachment: Attachment 3 - Proposed Resolution (2832 : Proposed Business Attraction and Retention Contractual Services Agreement with Resolution No. 2022-04-26-X
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2022-04-26-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 26th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
MELISSA AU-YEUNG, CITY CLERK
4.7.c
Packet Pg. 135 Attachment: Attachment 3 - Proposed Resolution (2832 : Proposed Business Attraction and Retention Contractual Services Agreement with Resolution No. 2022-04-26-X
EXHIBIT A
Proposed Amendments
to the
Fiscal Year 2021-2022 Operating Budget
for
Business Attraction and Retention Services
4.7.c
Packet Pg. 136 Attachment: Attachment 3 - Proposed Resolution (2832 : Proposed Business Attraction and Retention Contractual Services Agreement with Resolution No. 2022-04-26-X
CITY OF LAGUNA HILLS
PROPOSED BUDGET AMENDMENT TO THE OPERATING BUDGET
For Fiscal Year 2021-2022
Current Proposed Amended
FUND DEPARTMENT Budget Amendment Budget
Description
GENERAL FUND GENERAL GOVERNMENT DEPARTMENT
Business Attraction & Retention Services - 10,000 10,000 Total - 10,000 10,000
4.7.c
Packet Pg. 137 Attachment: Attachment 3 - Proposed Resolution (2832 : Proposed Business Attraction and Retention Contractual Services Agreement with City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 26, 2022
TO: Mayor and Council Members
FROM: Gregory E. Simonian
City Attorney
ISSUE: Appointment of New City Manager and Approval of City Manager Employment Agreement
RECOMMENDATION: That the City Council:
1) Receive and file an oral report providing a summary of the Council-designated labor representatives' recommendations concerning proposed salary, benefits, and terms and conditions of employment for Jarad L. Hildenbrand, a local agency executive, to serve as the City's next City Manager;
2) Appoint Jarad L. Hildenbrand as City Manager of the City of Laguna Hills, effective May 16, 2022, to serve at the direction and pleasure of the City Council, pursuant to Laguna Hills Municipal Code Chapter 2-08;
3) Adopt a Resolution entitled: “A Resolution of the City Council of the City of Laguna Hills, California, appointing Jarad L. Hildenbrand as City Manager of the City of Laguna Hills, and approving and authorizing the Mayor / Mayor Pro Tempore to execute a City Manager Employment Agreement";
4) Direct the City Clerk to administer the Oath of Office; and 5) Direct the City Clerk to provide written notice of contract termination to Interim City Manager Kenneth H. Rosenfield, P.E., pursuant to Section 2.0 of the April 2, 2022, Retired Annuitant Employment Agreement, effective May 16, 2022.
7.2.1 Packet Pg. 138
Appointment of New City Manager and Approval of City Manager Employment Agreement
April 26, 2022
SUMMARY:
The City Council previously retained the professional executive recruitment services of Bob Hall & Associates on November 23, 2021, and directed the commencement of a formal competitive executive recruitment process for the purpose of filling the permanent city manager position, which position has been vacant since January 22, 2021.
The formal competitive recruitment and selection process has now been completed, which resulted in the City Council identifying and tentatively selecting Jarad L. Hildenbrand as the most qualified candidate for the position. The City Council's designated labor representatives, Mayor Pro Tempore Heft and Council Member Pezold, and the City Attorney have completed final negotiations with Mr. Hildenbrand over proposed salary, benefits, and terms and conditions of employment, and the City Attorney has prepared a proposed city manager employment agreement based on those negotiated terms and conditions for City Council review and approval.
Therefore, it is in order for the City Council to: 1) Receive an oral report providing a summary of the Council-designated labor representatives' recommendations concerning proposed salary, benefits, and terms and conditions of employment for Jarad L. Hildenbrand to serve as City Manager, as required by SB 1436; 2) Appoint Jarad L. Hildenbrand to serve as the City Manager, effective May 16, 2022, with an employment start date of May 16, 2022; 3) Adopt a Resolution appointing Jarad L. Hildenbrand as City Manager and approving and authorizing the Mayor / Mayor Pro Tempore to execute the proposed City Manager Employment Agreement; 4) Direct the City Clerk to administer the Oath of Office; and 5) Direct the City Clerk to provide written notice of contract termination to Interim City Manager Kenneth H. Rosenfield, P.E., pursuant to Section 2.0 of the April 2, 2022 Retired Annuitant Employment Agreement, effective May 16, 2022.
BACKGROUND:
Former City Manager Donald J. White separated from his employment with the City, effective January 22, 2021. The City Council and Mr. White previously entered into a mutual separation agreement. On January 19, 2021, the City Council appointed the Assistant City Manager/Public Services Director Kenneth H. Rosenfield, P.E., to serve as the Acting City Manager, effective January 22, 2021, pending the negotiation and preparation of a proposed interim city manager employment contract. On
7.2.1 Packet Pg. 139
Appointment of New City Manager and Approval of City Manager Employment Agreement
April 26, 2022
February 9, 2021, the City Council appointed Assistant City Manager/Public Services Director Kenneth H. Rosenfield, P.E., to serve as the Interim City Manager and approved an Interim City Manager Employment Agreement with Mr. Rosenfield, effective February 10, 2021.
On March 10, 2022, Interim City Manager Kenneth H. Rosenfield, P.E., submitted a letter of resignation indicating his intent to retire from the City, effective April 1, 2022, after nearly 27-years of dedicated public service. During his tenure with the City, he served as the City's first Public Services Director/City Engineer; most notably serving as the Interim City Manager for the past 15-months. Mr. Rosenfield's letter of resignation was placed on the March 22, 2022 agenda for City Council review and acceptance. Mr. Rosenfield's retirement from the City was made effective April 1, 2022.
Pending the selection of a new city manager, a process that had already been initiated, but not yet completed, on March 22, 2022, the City Council, pursuant to Government Code §§7522.56 and 21221(h), appointed Mr. Rosenfield to the interim position of City Manager on a temporary basis only for a limited duration consistent with the requirements set forth in CalPERS regulations applicable to the employment of retired annuitants. While the City Council was actively engaged in a formal competitive recruitment for a new City Manager, temporary assistance to perform the duties of this interim position was required. CalPERS regulations permit a retired annuitant to be employed by a CalPERS employer, such as the City, so long as specified conditions and findings are met. Therefore, on March 22, 2022, the City Council approved and entered into a Retired Annuitant Employment Agreement, temporarily appointing Kenneth H. Rosenfield to serve as Interim City Manager, effective April 2, 2022, until completion of the ongoing formal competitive city manager recruitment process and until selection and appointment of a new city manager is made by the City Council.
As directed by the City Council, over the past several months the City has engaged in a formal competitive recruitment process for selecting a qualified candidate to fill the City Manager position. The recruitment process has now been completed, which resulted in the City Council identifying and selecting Jarad L. Hildenbrand as the most qualified candidate for the position. A copy of Mr. Hildenbrand's resume is attached hereto as Attachment "A". On April 6, 2022, the City Council unanimously selected Mr. Hildenbrand as the top candidate and finalist to serve as the City’s next city manager, subject to the Council-designated labor representatives and City Attorney reaching final agreement with Mr. Hildenbrand regarding proposed salary, benefits, and
7.2.1 Packet Pg. 140
Appointment of New City Manager and Approval of City Manager Employment Agreement
April 26, 2022
terms and conditions of his employment with the City and his appointment by the City Council as City Manager, and subject to preparation by the City Attorney and approval by the City Council of a new city manager employment contract. The City Council previously directed that a proposed new city manager employment agreement with Mr. Hildenbrand be negotiated, drafted, and agendized for final review and approval by the City Council at its regularly scheduled meeting on April 26, 2022.
The City Council’s designated labor representatives, Mayor Pro Tempore Heft and Council Member Pezold, and the City Attorney, have completed negotiations with Mr. Hildenbrand, proposed terms and conditions of Mr. Hildenbrand's employment were previously presented to Council for review and consideration, and the City Attorney has prepared a proposed new city manager employment contract based on the negotiated terms and conditions. Mr. Hildenbrand has been given an opportunity to have the proposed employment contract reviewed and approved by his own attorney.
Therefore, it is now in order for the Council to formally appoint Jarad L. Hildenbrand to serve as City Manager, effective May 16, 2022, and to approve the proposed City Manager Employment Agreement attached hereto.
Pursuant to Government Code Section 36506, the City Council is required to establish the compensation of the city manager by Resolution, which appointed official holds office at the pleasure of the City Council. A copy of the proposed Resolution appointing Jarad L. Hildenbrand as City Manager is attached hereto as Attachment “B”. Pursuant to Laguna Hills Municipal Code Chapter 2-08, the City Council is authorized to appoint a city manager and may provide for such employment by approving the proposed City Manager Employment Agreement, which is attached hereto as Exhibit “1” to Attachment “B”.
SB 1436, which took effect on January 1, 2017, requires the governing bodies of local agencies to “orally report a summary of a recommendation” for changes in the salaries, salary schedules, or compensation paid in the form of fringe benefits of local agency executives before taking a final vote on the proposed changes. SB 1436 specifies that the summary of the recommendation must be made “during the open meeting in which the final action is to be taken.” In accordance with this state law requirement, prior to the City Council taking final action to approve the proposed employment contract, the City Attorney will make the required oral report in accordance with Government Code Section 54953(c)(3).
7.2.1 Packet Pg. 141
Appointment of New City Manager and Approval of City Manager Employment Agreement
April 26, 2022
CONCLUSION:
As a result of the completion of the formal competitive executive recruitment and selection process, and consistent with prior City Council direction, it is recommended that the City Council adopt a Resolution: a) appointing Jarad L. Hildenbrand as City Manager to serve at the direction and pleasure of the City Council, pursuant to LHMC Chapter 2-08; and b) approving and authorizing the Mayor / Mayor Pro Tempore to execute the proposed City Manager Employment Agreement with Mr. Hildenbrand, attached hereto.
FISCAL IMPACT:
The City Manager will be paid an annual base salary of $260,000.00 and will receive the same benefits provided to other Executive Management employees pursuant to Resolution No. 2021-07-13-4, as may be amended. These benefits include, but are not limited to, health insurance (medical, dental, and vision), paid fixed and floating holidays, supplemental retirement contribution, retiree health savings plan, group life and disability insurance, short- and long-term disability insurance, sick leave, and bereavement leave. The City Manager will be enrolled in the first-tier pension formula of 2% @ 60 Program, and will be responsible for paying the full employee/member contribution, currently set at 7% of salary.
Additionally, pursuant to the proposed employment contract, Mr. Hildenbrand will accrue vacation at the rate of twenty paid days each fiscal year (in addition to recognized regular and floating City holidays). Effective May 16, 2022, Mr. Hildenbrand will receive a one-time starting vacation balance of ten days. Mr. Hildenbrand is entitled to participate in the International City Managers Association ("ICMA") 457 deferred compensation plan. As part of his annual compensation, the City agrees to provide him with a Section 457 deferred compensation program, which will be administered by ICMA, and to pay ten thousand dollars ($10,000) per year (effective January 1, 2023) into such deferred compensation program. Beginning January 1, 2023, this amount will be paid in a lump sum in January of each calendar year thereafter during the term of the employment agreement.
Additionally, under the terms of the proposed employment contract, the City will provide Mr. Hildenbrand with a City leased or owned vehicle of a make and model deemed acceptable by the City Council, pursuant to Laguna Hills Municipal Code Section
7.2.1 Packet Pg. 142
Appointment of New City Manager and Approval of City Manager Employment Agreement
April 26, 2022
3-08.130, during the term of the employment agreement. City will be responsible for the following operating costs of such vehicle: insurance; maintenance, and repairs.
The attached City Manager Employment Agreement details all elements of the proposed compensation plan for the City Manager position. Total proposed annual compensation is estimated to be $354,513. As indicated above, an oral report summarizing the Council-designated labor negotiators' recommended compensation plan for the position will be made by the City Attorney during open session before final action is taken.
ATTACHMENTS:
• Attachment A - Resume of Jarad L. Hildenbrand
• Attachment B - Proposed Resolution
• Exhibit 1 to Attachment B
7.2.1 Packet Pg. 143
7.2.1.a
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RESOLUTION NO. 2022-04-26-X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, APPOINTING
JARAD L. HILDENBRAND AS CITY MANAGER AND
APPROVING AND AUTHORIZING THE MAYOR / MAYOR
PRO TEM TO EXECUTE A CITY MANAGER EMPLOYMENT
AGREEMENT
WHEREAS, after 29 years of service, former City Manager Donald J. White separated from his employment with the City, effective January 22, 2021; the City Council and Mr. White previously entered into a mutual separation agreement; and WHEREAS, on January 19, 2021, the City Council appointed the Assistant City Manager/Public Services Director Kenneth H. Rosenfield, P.E., to serve as the Acting City Manager, effective January 22, 2021, pending the negotiation and preparation of a proposed interim city manager employment contract; and
WHEREAS, on February 9, 2021, the City Council appointed Assistant City Manager/Public Services Director Kenneth H. Rosenfield, P.E., to serve as the Interim City Manager and approved an Interim City Manager Employment Agreement with Mr. Rosenfield, effective February 10, 2021; and
WHEREAS, on March 10, 2022, Interim City Manager
Kenneth H. Rosenfield, P.E., submitted a letter of resignation indicating his intent to retire from the City, effective April 1, 2022, after nearly 27-years of dedicated public service; during his tenure with the City, he served as the City's first Public Services Director/City Engineer, most notably serving as the Interim City Manager for the past 15-months; and WHEREAS, Mr. Rosenfield's letter of resignation was placed on the March 22, 2022 agenda for City Council review and acceptance, Mr. Rosenfield's retirement from the City was made effective April 1, 2022; and WHEREAS, pending the selection of a new city manager, a process that had already been initiated, but not yet completed, on March 22, 2022, the City Council, pursuant to Government Code §§7522.56 and 21221(h), appointed Kenneth H.
Rosenfield, P.E. to the interim position of City Manager on a temporary basis only for a limited duration consistent with the requirements set forth in CalPERS regulations applicable to the employment of retired annuitants; while the City Council was actively engaged in a recruitment for a new City Manager, temporary assistance to perform the critical duties of this interim position was found and determined to be required; and WHEREAS, on March 22, 2022, the City Council approved and entered into a Retired Annuitant Employment Agreement, temporarily appointing Kenneth H.
Rosenfield, P.E., to serve as Interim City Manager, effective April 2, 2022, until completion of the ongoing formal competitive executive recruitment process and until selection and appointment of a new city manager is made by the City Council; and
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WHEREAS, as directed by the City Council, over the past several months the City Council has engaged in a formal competitive executive recruitment process for selecting a qualified candidate to fill the city manager position; the recruitment process has now been completed, which resulted in the City Council identifying and selecting Jarad L. Hildenbrand as the most qualified candidate for the position; and WHEREAS, pursuant to Laguna Hills Municipal Code Chapter 2-08, the City Council now desires to appoint Jarad L. Hildenbrand as the City Manager of the City of Laguna Hills and to retain Mr. Hildenbrand and establish the terms and conditions for such employment by approving the attached City Manager Employment Agreement; and WHEREAS, pursuant to Government Code Section 36506, the City Council is required to establish the compensation of the City Manager by Resolution, which appointed public official shall hold office at the direction and pleasure of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. Jarad L. Hildenbrand is hereby appointed City Manager of the City of Laguna Hills to serve at the direction and pleasure of the City Council, effective May 16, 2022, pursuant to Laguna Hills Municipal Code Chapter 2-08.
SECTION 3. The City Council hereby approves and authorizes the Mayor / Mayor Pro Tem to execute the City Manager Employment Agreement, dated May 16, 2022, which employment agreement is attached hereto as Exhibit “1” and is incorporated herein by reference with an effective date and term of office commencement date of May 16, 2022.
SECTION 4. The City Clerk is hereby directed to administer the Oath of Office.
SECTION 5. The City Clerk is hereby directed to provide written notice of contract termination to Interim City Manager Kenneth H. Rosenfield, P.E., pursuant to Section 2.0 of the April 2, 2022 Retired Annuitant Employment Agreement, effective May 16, 2022.
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PASSED, APPROVED, AND ADOPTED this 26th day of April 2022. ____________________________________
DAVE WHEELER, MAYOR
ATTEST:
______________________________________
MELISSA AU-YEUNG, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2022-04-26-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 26th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
MELISSA AU-YEUNG, CITY CLERK
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EXHIBIT “1”
CITY MANAGER EMPLOYMENT AGREEMENT
DATED: MAY 16, 2022
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Packet Pg. 165 Attachment: Exhibit 1 to Attachment B (2833 : Appointment of New City Manager and Approval of City Manager Employment Agreement) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: April 26, 2022
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Authorization to Initiate a Proposition 218 Notification Process to Address State Mandated (SB 1383) Organic Waste Recycling Programs Resulting in a Modification to Solid Waste and Recycling Rates and to Review Proposed Draft Amendment No. 2 to CR&R Franchise Agreement RECOMMENDATION: That the City Council 1) Direct Staff to proceed with Proposition 218 compliance to establish the requisite new rate schedule for all residential and commercial customers in order to implement a residential food waste recycling program in accordance with SB 1383, setting a public hearing for consideration on June 14, 2022; and 2) Review the draft Amendment No. 2 to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection and Transportation of Recyclable Materials to Processors for Diversion between the City of Laguna Hills and CR&R Incorporated.
SUMMARY:
The City Council approved the current Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection and Transportation of Recyclable Materials to Processors for Diversion between the City of Laguna Hills and CR&R Incorporated (“Franchise Agreement”) in September 2005, with collection services beginning on July 1, 2006. The term of the Franchise Agreement was extended for an additional eight years with the approval and execution of Amendment No. 1 to the Franchise Agreement (“Amendment No. 1”) by the City Council on August 26, 2014.
Amendment No. 1 also established a permanent commercial food waste recycling program, a reduction in rates for all services, a residential Household Hazardous Waste
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April 26, 2022
(HHW) service, support for Sharps Waste recycling programs, and a limitation of using yard waste as an Alternative Daily Cover (ADC) at landfills. The current Franchise Agreement is set to expire on June 30, 2024.
Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statues of 2016) (“SB 1383”) in September 2016. This law required the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations for the reduction of organic waste being sent to landfills. The SB 1383 regulations require the City to implement a residential food waste recycling program which requires the City to amend its current Franchise Agreement and will result in rate increases. City staff, working with its recycling consultant, EcoNomics, has negotiated favorable terms with CR&R to introduce a new residential food waste recycling program to begin collection services on July 1, 2022. The negotiated terms and rates, allowing the City to be in compliance with SB 1383 regulations, are reflected in the proposed Amendment No. 2 to the Franchise Agreement (“Amendment No. 2”). See Attachment 1 for the proposed Amendment No. 2. The proposed rates for service are very competitive with surrounding cities as illustrated in the table exhibits within this Staff Report. A mandated “Proposition 218” notification process is required because the rates for service required to be approved by the City under the Franchise Agreement will increase. After a 45-day notice period, a public hearing is to be held, and the City Council may approve Amendment No. 2 and the rates at that time, unless a majority of property owners protest the proposed new rates. In accordance with the Proposition 218 regulations, it is recommended to hold a Public Hearing on June 14, 2022.
BACKGROUND:
SB 1383 establishes methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Methane emissions resulting from the decomposition of organic waste in landfills have been identified as a significant source of “greenhouse” gases. The methane emissions reduction targets (or goals) under SB 1383 are:
• Achieve a 50 percent reduction in the level of the Statewide disposal of organic waste from the 2014 level by 2020, and a 75 percent reduction by 2025. • Recover not less than 20 percent of edible food that is currently disposed of for human consumption by 2025.
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April 26, 2022
Assigned the responsibility of adopting regulations necessary to achieve theses Statewide goals, the State Agency known as CalRecycle has spent the last several years developing requirements and in November 2020 published its regulations under a document entitled, Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (hereafter referred to as “SB 1383 Regulations”). Local governments must comply with the SB 1383 Regulations for the reduction of organic waste being sent to landfills by January 1, 2022. Organic waste (also referred to as organics) includes food waste, green waste, and landscape and pruning waste.
One of the major requirements of the SB 1383 Regulations is for local jurisdictions to adopt an enforceable ordinance requiring compliance by businesses, residents, haulers, and other entities. On November 23, 2021, the City Council adopted Ordinance No. 2021-1, amending and restating Chapter 5-32 (Solid Waste and Recycling) of Title 5 (Health and Sanitation) of the City of Laguna Hills Municipal Code, implementing local SB 1383 organic recycling regulations. Additionally, the City Council approved a resolution, on November 9, 2021, amending and restating the Administrative Citation Program Fines and Penalties Schedule to incorporate the required SB 1383 Regulation fines and penalties for noncompliance.
Another major requirement of SB 1383 Regulations is to implement organic waste recycling programs for the commercial and residential sectors; and consequently, the City needs to implement a new residential food waste collection and processing program at this time. Residential green waste collection and processing services have been in place for quite some time. It is noted that the City first introduced a pilot commercial food scraps recycling program in the City in 2009. This commercial food waste recycling program became a permanent service, available to all businesses within the City, with the City Council’s approval and execution of Amendment No. 1 to CR&R’s Franchise Agreement on August 26, 2014. Shortly thereafter, Governor Brown signed into law the mandatory commercial organic recycling requirements of AB 18261in October 2014.
1 AB 1826 Chesbro (Chapter 727, Statutes of 2014) requires businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste generated per week. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses. The law phased in the requirements for businesses over time based on waste generation thresholds. In September of 2020, CalRecycle reduced the waste generation threshold to 2 cubic yards of solid waste (solid waste is the total of trash, recycling, and organics) per week generated by businesses. AB 1826 requires local jurisdiction to enforce these requirements including monitoring recycling activities and education and outreach.
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April 26, 2022
Draft Amendment No. 2 to Franchise Agreement
In order to implement a residential food waste recycling program, and to be compliant with SB 1383 Regulations, the Franchise Agreement requires an amendment.
Noncompliance with SB 1383 Regulations would expose the City to potential fines by CalRecycle ranging from $500 per violation for minor infractions, to as much as $10,000 per day for major violations. Attached to this report as Attachment 1 is Amendment No. 2. City staff worked with EcoNomics (the City’s recycling consultant) to negotiate the terms of Amendment No. 2 and a summary of the key terms are as follows. • No change to Franchise Agreement termination date of June 30, 2024. • Introduce a new residential food waste collection service to be commingled with green waste (yard waste) in the green container. Collection service to begin on July 1, 2022. Increase in residential rates.
• Distribution of kitchen pales to residents for collection of food waste and to market the new program.
• Distribution of green carts to residential customers that currently do not have this service. In accordance to SB 1383 Regulations, all generators are required to recycle Organic Waste.
• Processing of residential organic material at CR&R composting facility. • One inflation adjustment of rates for the remainder of the term of the Franchise Agreement scheduled for October 1, 2023.
• One-time reimbursement of $30,000 to the City to cover the cost of negotiating Amendment No. 2 and costs related to the Prop 218 Notification process. • Annual fee of $150,000 to assist the City with support and third-party recycling services.
• Increase of one CR&R Recycling Coordinator from part-time to full-time in Laguna Hills.
• SB 1383 requirements for inspections, reporting, and audits.
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April 26, 2022
• Removal of Liquated Damages of 50% Diversion Requirement and replaced with Liquated Damage if Contractor fails to implement SB 1383 programs. • Repeal of requirement of CR&R to fund the City’s sharps waste program for $2,000 annually.
Amendment No. 2 Proposed Rates & Comparison to Other Jurisdictions The proposed rate increases would be effective July 1, 2022, and account for inflation adjustments and SB 1383 related costs. An inflation adjustment, per Amendment No. 2, is scheduled for October 1, 2023. The entire proposed rate schedule can be viewed in summary against current rates for service on Attachment 3. A detailed rate schedule, with the three components (Collection, Processing, Disposal) of each service rate, can be referenced in Attachment 1, Exhibit 1 of this Staff report.
Other local jurisdictions rates are included in the following tables for comparative purposes to the City of Laguna Hills’s proposed rates. All of the comparative jurisdictions’ rates listed in the following tables will be adjusted for inflation, or increased as stipulated in their respective franchise agreements, on July 1, 2022. Staff estimated these rate increases for the other jurisdictions and are reflected in the following tables.
It is important to note that CR&R’s proposed trash and recycling rates for Laguna Hills are very competitive and are on the lower tier when compared to other surrounding cities’ rates (see Tables 1, 2, 3 & 4 below). Further, in all the cases, the rates for Laguna Hills as proposed in Amendment No. 2, are well below the comparative averages as noted in the following tables.
Single-family service:
The proposed monthly rates for single-family residential 3-container collection service is provided in Table 1. The City’s current rate is $15.55 per month and is proposed to increase on July 1, 2022, to $20.05 per month for inclusion of the residential food waste recycling program. Included in Table 1 is also a comparison of what other local jurisdictions are paying per month for a similar 3-container collection service with organic waste recycling (both yard waste and food waste).
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Commercial and Multi-family service:
Tables 2, 3 and 4 below provide rates for commercial and multi-family bin services. As mentioned above, the City of Laguna Hills already implemented a commercial organic recycling program in 2014, with the execution of Amendment No. 1. Consequently, the percentage rate increases effective July 1, 2022, for the commercial and multi-family customers are not as significant as the residential sector.
It is important to note that CR&R’s proposed trash and recycling rates for Laguna Hills are very competitive and are on the lower tier when compared to other surrounding cities’ rates (see Tables 1, 2, 3 & 4 below). Further, in all the cases, the rates for Laguna Hills as proposed in Amendment No. 2, are well below the comparative averages as noted in the following tables.
Single-family service:
The proposed monthly rates for singlefamily residential 3-container collection service is provided in Table 1. The City’s
current rate is $15.55 per month and is
proposed to increase on July 1, 2022, to
$20.05 per month for inclusion of the
residential food waste recycling program.
Included in Table 1 is also a comparison
of what other local jurisdictions are
paying per month for a similar 3-
container collection service with organic
waste recycling (both yard waste and
food waste).
Commercial and Multi-family service:
Tables 2, 3 and 4 below provide rates for commercial and multi-family bin services. As mentioned above, the City of Laguna Hills already implemented a commercial organic recycling program in 2014, with the execution of Amendment No. 1. Consequently, the percentage rate increases effective July 1, 2022, for the commercial and multi-family customers are not as significant as the residential sector.
Table 1. Residential Rate: Local Jurisdiction Monthly Rate Comparison (3-Cart Collection Service including food
waste).
Rates effective July 1, 2022.
Jurisdiction Rate/month
San Juan Capistrano $25.61
Laguna Niguel $24.95
San Clemente $24.69
Mission Viejo $22.87
Rancho Santa Margarita $22.14
Dana Point $21.67
Aliso Viejo $21.21
Laguna Hills 1 $20.05
Lake Forest $19.27
Rates above include estimates of other jurisdiction's rate increase adjustments.
The average of all rates above is $22.50.
1. Laguna Hills current rate is $15.55
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Table 2. Commercial/Multi-Family Trash: Local
Jurisdiction Monthly Rate Comparison (3 cubic-yard
trash bin/1 pickup per week). Rates effective July 1,
2022.
Table 3. Commercial/Multi-Family Recycling: Local
Jurisdiction Monthly Rate Comparison (3 cubic-yard
Recycling bin/1 pickup per week). Rates effective July 1, 2022.
Jurisdiction Rate/month Jurisdiction Rate/month
San Clemente $173.73 Dana Point $98.12
Dana Point $163.53 San Juan Capistrano $97.36
San Juan Capistrano $162.26 San Clemente $77.51
Mission Viejo $161.01 Laguna Niguel $77.06
Laguna Niguel $152.46 Rancho Santa Margarita $76.97
Rancho Santa Margarita $148.07 Mission Viejo $76.88
Aliso Viejo 2 $133.15 Aliso Viejo $74.88
Laguna Hills 1 $129.29 Laguna Hills $54.39
Lake Forest $102.59 Lake Forest $51.52
Rates above include estimates of other jurisdiction's rate increase adjustments.
Rates effective July 1, 2022, including estimates of other jurisdiction's rate increases.
The average of all rates above is $147.34. The average of all rates above is $76.09
1. Laguna Hills current rate is $124.10 1. Laguna Hills current rate is $52.39
2. Aliso Viejo monthly rate for multi-family is $136.01.
Table 4. Commercial/Multi-Family Organics: Local
Jurisdiction Monthly Rate Comparison (2 cubic-yard Food Waste bin/1 pickup per week). Rates effective July 1, 2022.
Jurisdiction Rate/month
Aliso Viejo $320.09
San Clemente $313.00
Dana Point $130.83
San Juan Capistrano 2 $85.28
Rancho Santa Margarita $71.12
Mission Viejo $62.01
Laguna Hills 1 $46.07
Laguna Niguel $44.44
Lake Forest $40.62
Rates effective July 1, 2022, including estimates of other jurisdiction's rate increases.
The average of all rates above is $123.72.
1. Laguna Hills current rate is $44.34.
2. SJC green waste recycling rate is $129.80/mo.
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Proposition 218 Notice
To implement the new rates and rate structure as discussed herein, the City must conduct a public hearing in compliance with Proposition 218. This process involves mailing a notice to all affected property owners with the proposed maximum rates and justification for the rates. After a 45-day period, a public hearing is held and the City Council may approve Amendment No. 2 including the new rates unless a majority of property owners protest the proposed new rates. Staff recommends that the public hearing be set for June 14, 2022.
Notices will be mailed on April 27, 2022, to meet the 45-day notice period. If Amendment No. 2 and its respective rates for service are approved, the new rates would go into effect on July 1, 2022. The notice is attached to this report as Attachment No. 2.
Explanation of Attachments
Attached to this report are the following items described in further detail. • Attachment 1: Proposed Amendment No. 2 to Franchise Agreement with the following exhibits to revise Franchise Agreement attachments and to add a new attachment (Attachment U) to the Franchise Agreement:
Exhibit 1 Attachment D (“Proposed Rates to be Charged”) Exhibit 2 Attachment A (“Definitions”)
Exhibit 3 Attachment B (“Scope of Work for Collection Operations”) Exhibit 4 Attachment I (“Contractor Furnished Personnel”) Exhibit 5 Attachment K (“Reports to be Submitted to City”) Exhibit 6 Attachment N (“Proposed Protocol for Conducting Quarterly Diversion Allocation Audits”)
Exhibit 7 Attachment Q (“Processing Facilities”)
Exhibit 8 Attachment R (“Compost Processing Facilities”) Exhibit 9 Attachment S (“Construction and Demolition Debris Processing Facility”)
Exhibit 10 Attachment U (“Kitchen Pails”)
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• Attachment 2: Notice Concerning Proposed Solid Waste & Recycling Rate Adjustments and Public Hearing. (Notice that will be sent to property owners in regard to Amendment No. 2 to the Franchise Agreement and increased rates.) • Attachment 3: CR&R Rate Schedule Summary (will be posted to website as part of Public Hearing process for reference. Compares City’s current rate with Amendment No. 2 proposed rate effective July 1, 2022).
The Franchise Agreement and Amendment No. 1 are voluminous, but they are available upon request.
FISCAL IMPACT:
The costs to conduct the required Proposition 218 notification process are covered through a one-time reimbursement by CR&R upon approval of the draft Amendment No. 2.
The residential rates for the 3-cart collection service are proposed to increase on July 1, 2022, from $15.55/mo. to $20.05/mo. This is required to implement a new food waste collection service for compliance with SB 1383 Regulations and includes an inflation adjustment to the existing base rates. Such compliance avoids costly penalties that the State could levy on the City as of July 1, 2022.
Commercial and Multi-Family rates for service will be adjusted for inflation on July 1, 2022, and the proposed rates are summarized in Attachment 3 to this staff report.
All residential and commercial rates for service will be adjusted for inflation on October 1, 2023.
ATTACHMENTS:
• Attachment 1 - Proposed Amendment No 2
• Attachment 2 - Prop 218 Public Notice
• Attachment 3 - CR&R Rate Schedule Summary
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AMENDMENT NO. 2
TO CONTRACT FOR THE COLLECTION, TRANSPORTATION AND
DISPOSAL OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION,
AND TRANSPORTATION OF RECYCLABLE MATERIAL TO PROCESSORS
FOR DIVERSION
(CR&R Incorporated)
THIS SECOND AMENDMENT to the September 28, 2005 Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, and Transportation of Recyclable Materials to Processors for Diversion (the "Amendment") is hereby made and entered into to be effective this 14th day of June, 2022, by and between the CITY OF LAGUNA HILLS, a California municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as the "City"), and CR&R Incorporated, a California corporation (hereinafter referred to as "Contractor") (collectively, the Parties).
RECITALS
A. City and Contractor previously entered into that certain Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, and Transportation of Recyclable Materials to Processors for Diversion (the "Contract"), which was made and entered into on September 28, 2005, for the collection and processing of solid waste and recyclable materials, which services are to be provided for a term of ten years, commencing on July 1, 2006 through June 30, 2016.
B. City and Contractor entered into Amendment No. 1 to the Contract, which was made and entered into on October 1, 2014 (“Amendment No. 1”), to reduce base rates, expand services, establish a permanent commercial food waste recycling program, and extend the Contract term for an additional eight-years through June 30, 2024.
C. In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statues of 2016) (“SB 1383”), establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants (SLCP).
D. CalRecycle developed SB 1383 regulations and published them in November 2020 in a document entitled, Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (“SB 1383 Regulations”), to achieve the Statewide SB 1383 goals.
E. A requirement under the SB 1383 Regulations is for all jurisdictions to implement organic waste recycling programs including a residential food waste recycling program.
F. City has already implemented a commercial food waste recycling program and now must implement a residential food waste recycling program to be in compliance with SB 1383 Regulations which requires certain rates for service to be increased.
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Packet Pg. 175 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) G. Noncompliance with SB 1383 Regulations would subject the City to potential fines ranging from $500 per violation for minor infractions, to as much as $10,000 per day for major violations.
H. Section 15.10 (Amendment) of the Contract provides that the Contract may only be modified or amended by a writing signed by the Parties.
I. The Parties recently negotiated certain revised terms and conditions of the Contract, to implement the requirements of the SB 1383 Regulations, including the implementation of a residential food waste recycling program.
J. The Parties now wish to amend the Contract by authorizing the implementation of a residential food waste recycling program, which will result in an increase in Contractor’s rates for service, and impact other existing contractual terms, conditions, and requirements as set forth in the Contract.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
AGREEMENT
1. Term. Section 3.02 (“Term”) of the Contract is hereby amended to read as provided in Amendment No. 1 follows:
“3.02 Term. The Term of this Contract shall commence on the Effective Date and shall end at midnight on June 30, 2024, unless earlier terminated. Contractor’s obligation to collect Municipal Solid Waste and Recyclable Materials shall begin on July 1, 2006 at 12:01 a.m.”
2. Revised Base Rates. Attachment D of the Contract pertaining to Contractor's rates for services shall be replaced with the rates identified in Exhibit 1 (revised Attachment D) attached to this Amendment and made a part hereof by reference, said rates to become effective July 1, 2022. Contractor shall be solely responsible for the cost of adjusting Customers' bills to implement the rates and other adjustments stipulated in this Amendment and the Contract.
3. Attachment E (“Proposed Rates to be Charged for City Directed ‘As Needed’ Services”). Attachment E of the Contract is hereby deleted and of no further force or effect upon execution of this Amendment.
4. City Facilities/Events MSW Collection. Section 4.05 (“City Facilities/Events MSW Collection”) of the Contract is hereby amended to read as follows:
“4.05 City Facility/Events MSW Collection. Contractor shall collect all MSW generated at Premises owned and/or operated by the City at no charge, and at up to
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Packet Pg. 176 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) twenty (20) City-sponsored events at no charge to the City. The facilities to be provided service and the type and frequency of service are listed on Attachment B, Section 3.9.”
5. Diversion Programs. Section 4.06 (“Diversion Programs”) of the Contract is hereby amended to read as follows:
“4.06 Diversion Programs.
A. Residential Recycling. The Contractor shall collect all Divertable Materials generated at Residential Premises, placed for Collection in Contractor authorized Containers at the curbside. Contractor shall also Collect Divertable Materials generated at Residential Premises, placed for Collection at curbside and backyard or sideyard locations by occupants who are eligible for backyard or sideyard Collection under Section 2.02.1 of Attachment B.
B. Commercial/Business Recycling. Contractor shall Collect Divertable Materials from participating Commercial and Business Establishments at the frequencies and in the manner described in Attachment B, Section 3.”
6. Transportation and Delivery for Processing of Recyclable Materials. Section 5.02 (“Transportation and Delivery for Processing of Recyclable Materials”) of the Contract is hereby amended to read as follows:
“5.02 Transportantion and Delivery for Processing of Divertable Materials.
Contractor shall either: (1) transport to and deliver for processing Divertable Materials at Contractor’s facilities, or (2) transport to and arrange for the processsing of these materials at facilities designated by City in Sections 5.03 and
5.04 herein.”
7. Transportation of Recyclable Materials. Section 5.03 (“Transportation of Recyclable Materials”) of the Contract is hereby amended to read as follows:
“5.03 Transportation of Divertable Materials. Contractor shall transport and deliver for processing Divertable Materials to Contractor’s facilities identified in Attachment Q. City Manager or his/her designee may designate different MRF facility(ies) in the future. Contractor shall transport and deliver all Food Scraps and Yard Trimmings and all Stable Bedding and Manure to the Compost Facilitie(s) designated in Attachment R as of July 1, 2006. The City Manager or his/her designee may designate a different Compost Facility(ies) in the future.”
8. Permits. Section 6.02 (“Permits”) of the Contract is hereby amended to read as follows:
“6.02 Permits. Contractor shall utilize only Processing Facilities that are fully licensed and permitted under all applicable federal, state, regional and local laws and regulations. On or before May 1, 2006 Contractor shall deliver to City copies
7.3.1.a
Packet Pg. 177 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) of all of the permits for the Materials Recovery Facilities (Clean MRF), the Compost Facility, the Construction and Demolition Debris Processing Facility and for any other Processing Facility that Contractor will use to process Divertable Materials Collected within City. Contractor shall simultaneously submit original signed contracts with each Processing Facility (unless owned by Contractor) evidencing the terms and conditions under which Contractor is entitled to utilize said facilities for processing of City’s materials.”
9. Delivery of Residue to Landfill. Section 6.03 (“Delivery of Residue to Landfill”) of the Contract is hereby amended to read as follows:
“6.03 Delivery of Residue to Landfill. Contractor shall deliver, or arrange to be delivered, all nonrecyclable Residue from the operations at the Materials Recovery Facility (Clean MRF), the Compost Facility, and the Construction and Demolition Debris Processing Facility to the City designated landfill.”
10. MRF, Compost and C/D Facility Operating Requirements. Section 6.04 (“MRF, Compost and C/D Facility Operating Requirements”) of the Contract is hereby amended to read as follows:
“6.04 MRF, Compost and C/D Facility Operating Requirements. Contractor shall operate the Materials Recovery Facility, Compost Facility and Construction and Demolition Debris Processing Facility it owns in compliance with all applicable federal, state, regional and local laws and regulations and shall adhere to the requirements of all permits for each facility. If Contractor is using facilities it does not own, it shall be Contractor’s responsibility to investigate and determine that said facilities are operating in compliance with all applicable laws, regulations and permit requirements. If, at any time during the Term, said facilities are not operating in compliance with all legal requirements, it shall be the duty of Contractor to immediately report the situation to the City. Upon receipt of such information, City may conduct an independent investigation of the situation, may require Contractor to utilize a different facility while City is conducting its investigation, or may take other actions City deems reasonable and necessary to protect the interest of the City, its customers, public health and safety and the environment.
The Clean MRF must include processing lines for cleanup of Recyclable Materials and sorting of Commingled Recyclables.
The Composting Facility must be capable of processing residential and commercial Food Scraps and Yard Trimmings as well as Stable Bedding and Manure. The Construction and Demolition Debris Processing Facility must be capable of processing all of the Construction and Demolition Debris that is Collected by the Contractor in the City.”
7.3.1.a
Packet Pg. 178 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2)
11. Processing Requirements and Removal of Annual Diversion Requirement.
Sections 6.05, 6.06, 6.07, 6.08 and 6.09 of Contract are hereby deleted from Contract and of no further force or effect upon execution of this Amendment.
Attachment O (“Annual Diversion Rate Percentage Calculation”) and Attachment P (“Calculation of Liquidated Damages for Failure to Achieve 50% Annual Diversion”) of the Contract are are hereby deleted from Contract and of no further force or effect upon execution of this Amendment.
12. MSW and Divertable Materials Containers. Section 7.03 (MSW and Recyclable Materials Container), Subdivision A (“General”) of the Contract is hereby amended to read as follows:
“A. General. Contractor shall shall use existing Carts for storage of (i) MSW, (ii) Divertable Materials, (iii) Food Scraps and Yard Trimmings, and (iv) Stable Bedding and Manure for Residential Premises Collection service as stated in Attachment B, Section 1.4. Contractor shall provide Residential Premises with Bins for Stable Bedding and Manure as described in Attachment B.
Contractor shall provide Containers for for the storage and collection of (i) MSW, (ii) Recyclable Materials, and (iii) Food Scraps and Yard Trimmings for Commercial and Business Establishments Collection service as stated in Attachment B, Section 1.4. All Containers provided by the Contractor shall conform to the specifications in Attachment G. In addition to the Containers provided by Contractor, as identified in Attachment H, Contractor shall provide Containers as identified in Attachment B, Section 1.4. The type, size and number of Containers shall be sufficient to contain, with the lid closed, all MSW, Divertable Materials, Food Scraps and Yard Trimmings, and Stable Bedding and Manure generated between Collections.”
13. Increase of Contractor Recycling Coordinator to Full-time. Section 7.04 (Personnel), Subdivision G (“Provision of Recycling/Public Education Coordinator”) of the Contract is hereby amended to read as follows:
“G. Provision of Recycling/Public Education Coordinator. Contractor shall designate one qualified employee as the Recycling and Public Education Coordinator. The coordinator will devote 100% of his or her time (the equivalent of 2,000 work hours per calendar year) to these activities exclusively for City. The designated Coordinator, as identified in Attachment I, shall have a minimum of two (2) years experience in the design, implementation and operation of Recycling, Composting and Diversion Programs, interaction with the public, and detailed knowledge of the requirements of the Act. Contractor shall notify City, in writing, of the name, education, background and experience and a list of three (3) references for the coordinator prior to commencing operations and whenever there is a change in the staffing of the position. Upon City request, Contractor shall designate a different coordinator if the coordinator does not meet the requirements enumerated herein and/or if the City is otherwise dissatisfied with the performance of the
7.3.1.a
Packet Pg. 179 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) designated coordinator. The coordinator’s duties shall include, but not be limited to, (i) implementing all SB 1383 required programs as contained in Attachment B for Divertable Materials and utilize the procedures and steps described in Attachment B Sections 2.02.9, 3.03.4 and (ii) conducting waste audits at Commercial and Business Establishments, (iii) routinely auditing each of the Diversion Programs and reporting requirements described in Articles 4 and 9, including photographing said programs and reporting to City on the results of each program, (iv) preparing public education materials as required in this Contract and described in Attachment B as well as other public education materials required by SB 1383 and those that may be requested by City, (v) attending all City-sponsored special events (e.g. Earth Day, Chamber of Commerce events) where Recycling and the environment are the theme or topic, (vi) coordinating Recycling programs at all City-sponsored special events as described in Article 4 and Attachment B for the Diversion of Food Scraps, Yard Trimmings and all other Divertable Materials that are generated by the event, (vii) implementing and maintaining the Recycling program at City Hall and all other City facilities as described in Attachment B including responding to questions about the program, (viii) speaking to community groups, schools and other organizations about the City’s Diversion Programs, (ix) acting as a community resource with regard to Recycling and Diversion Programs, and (x) such other duties as may be assigned by City. City reserves the right to redirect the work efforts of the coordinator and to prioritize the tasks to be completed as needed throughout the Term of the Contract.
14. Billing. Section 8.01 (Billing), Subdivision A (“General”) of the Contract is hereby amended to read as follows:
“A. General. Contractor shall: (i) bill Customers for MSW and Divertable Materials Collection at the Contractor’s rates as established in Attachment D, as adjusted for inflation per the Contract; (ii) maintain accurate billing and payment records; and (iii) bill Customers on a monthly, bimonthly or quarterly schedule as approved by City. Customer’s bills shall be itemized showing the charges for each classification of services but shall not designate that portion of a Customer’s bill attributable to the City franchise fee.”
15. Reporting. Section 9.03 (“Reporting”) of the Contract is hereby amdended to read as follows:
“9.03 Reporting. Contractor shall compile and submit complete and accurate reports required by this Contract, including all SB 1383 reporting as described in Attachment B and Attachment K, in the format and at the frequencies specified.”
16. Compliance Reporting. Section 9.05 (“Compliance Reporting”) of the Contract is hereby amended to read as follows:
“9.05 Compliance Reporting. Contractor shall submit monthly, quarterly and annual reports to the City documenting the disposition of MSW and the status of
7.3.1.a
Packet Pg. 180 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) all SB 1383 Diversion Programs implementation and shall format such reports so that they may be used by the City for City’s compliance with the reporting requirements of the Act or any other subsequently enacted federal, state or local laws or regulations governing integrated waste management. All Contractor’s reports are subject to audit by City, or by a third-party designated by City, and if material discrepancies are discovered during audit of Contactor’s reporting, the Contractor shall pay the City the sum of seventy-five thousand dollars ($75,000) for its costs associated with the investigation of the discrepancies. Contractor shall be assessed liquated damages as listed in Section 13.09(I) for late payment to City for audit in the event that material discrepancies are discovered.”
17. Annual Route Audit. Section 9.06 (“Annual Route Audit”) of the Contract is hereby amended to read as follows:
“9.06 Annual Route Audit. Contractor shall conduct an annual audit, during the month of April for each year of this Agreement, of all Collection routes for MSW and Divertable Materials including Food Scraps, Co-Collected Food Scraps and Yard Trimmings, and Yard Trimmings and Stable Bedding and Manure. The audit shall include, at a minimum: (i) the route number, (ii) identification number of vehicles servicing each route, (iii) number and type of accounts serviced by route and by truck, (iv) number and sizes of Containers Collected together with the frequency of Collection by route and by truck, (v) weight of MSW Collected, (vi) weights of Single-Material Recyclables, Single Stream Recyclable Materials, CoCollected Food Scraps and Yard Trimmings, Yard Trimmings, Food Scraps, by route and by truck, and (vii) any pertinent operational details. Results of the route audit shall be delivered to City in their entirety, including, but not limited to, maps of routes with each route numbered, survey sheets, logs, route lists, forms used to gather information, and other similar documents, within ten (10) working days of completion of the audit, and in no event later than May 20 of each year of the Term.
The initial audit shall be performed in April 2015 with the report due by May 20, 2015. Said audit may be undertaken directly by Contractor or on behalf of Contractor by another party, but in either event shall be completed at Contractor’s sole expense.”
18. Quarterly Contamination Audits. Section 9.07 (“Quarterly Audits of Residential and Commercial Waste and Recyclables Streams”) of the Contract is hereby amended to read as follows:
“9.07 Quarterly On-Site MSW and Divertable Materials Contamination Audits.
Contractor shall conduct quarterly on-site field Contamination audits to determine the levels of Contamination in the Commercial and Multi-Family and Residential MSW Containers. The on-site field Contamination audits are of Containers on routes Collecting MSW and to ensure compliance with SB 1383 Regulations, 14 CCR Section 18984.5, for container Contamination minimization. The specific protocols that shall be used to conduct on-site field Contamination audits of MSW,
7.3.1.a
Packet Pg. 181 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) Recyclable Materials, and Single Stream and Co-Collected Food Scraps and Yard Trimmings materials in Collection routes are described in Attachment N.
The City or its representative may be present to observe any field Contamination audit described in Attachment N. Contractor shall provide no less than fourteen (14) calendar days advance notice to the City of when each audit is scheduled.”
19. Annual Contamination Audit. Section 9.08 (“Annual City Review of Allocation Audit Procedures and Results”) of the Contract is hereby amended to read as follows:
“9.08 Annual City Review of SB 1383 Contamination Audit Procedures and Results. Each year of the Term, City shall have the right, but not the obligation, to conduct a review of the procedures used by Contractor to perform the Contamination audits described in Section 9.07 and the results of said audits. If City desires to review the audit results and/or procedures, City will contact Contractor to schedule a meeting or series of meetings to discuss the procedures and results. At City’s sole discretion, Contractor shall change the audit protocol, timing and frequency as directed by City and shall put such changes into effect with the next audit. City’s review of audit procedures may include review of Contractor and processing facility records and on site visits to Contractors facilities and processing facilities.”
20. Revision of Liquated Damages from Failure to Achieve Annual Diversion Requirements to Failure to implement Diversion Program Requirements. Section
13.09 (Liquidated Damages), Subdivision H (“Diversion Requirements”) of the Contract is hereby amended to read as follows:
“H. Diversion Program Implementation Requirements. For each Premises that Contractor fails to Fully Implement SB 1383 Diversion Programs by January 1, 2023 (including steps (i) through (xiii) of Attachment B Sections 2.02.9 and
3.03.4)…………………………………………...$1,000.00 per failure to
implement”
21. (3rd) Third Party Recycling Consulting Services. Section 12.07 (Third-Party Recycling Consulting Services) is hereby added back to the Contract to read as follows:
“12.07 (3rd) Third Party Recycling Consulting Services. Contractor shall pay City $150,000 by July 1, 2022, and an additional $150,000 by July 1, 2023, for (3rd) third party Recycling consulting services as selected by City and under contract with City.”
22. Contract Negotiation and Public Notice Process Fee. Contractor shall pay $30,000 to City by July 1, 2022, to defray the City's costs of processing this Amendment and conducting the Prop. 218 notification process.
7.3.1.a
Packet Pg. 182 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2)
23. Annual Rate Adjustment. Section 12.03 (“Annual Rate Adjustments”) of the Contract is hereby amended to read as follows:
“12.03 Annual Rate Adjustment. The rates for service as set forth in Attachment D shall be adjusted as of October 1, 2023, in accordance with Attachment J.”
24. Remaining Balance of Household Sharps Waste Program Reimbursements. Upon the repeal of Amendment No. 1 and the Household Sharps Waste Program as provided for below, any remaining balance of funds paid by Contractor to City for support of Household Sharps Waste Collection programs may be used toward other Diversion Program support as determined by City.
25. Attachment A (“Definitions”). Attachment A of the Contract is hereby amended as set forth in the attached Exhibit 2, incorporated by this reference.
26. Attachment B (“Scope of Work for Collection Operations”). Attachment B of the Contract is hereby amended as set forth in the attached Exhibit 3, incorporated by this reference.
27. Attachment I (“Contractor Furnished Personnel”). Attachment I of the Contract is hereby amended as set forth in the attached Exhibit 4, incorporated by this reference.
28. Attachment K (“Reports to be Submitted to City”). Attachment K of the Contract is hereby amended as set forth in the attached Exhibit 5, incorporated by this reference.
29. Attachment N (“Proposed Protocol For Conducting Quarterly Diversion Allocation Audits”). Attachment N of the Contract is hereby amended as set forth in the attached Exhibit 6, incorporated by this reference.
30. Attachment Q (“Processing Facilities”). Attachment Q of the Contract is hereby amended in read in full as set forth in the attached Exhibit 7, incorporated by this reference.
31. Attachment R (“Compost Processing Facilities”). Attachment R of the Contract is hereby amended as set forth in the attached Exhibit 8, incorporated by this reference.
32. Attachment S (“Construction and Demolition Debris Processing Facility”).
Attachment S of the Contract is hereby amended as set forth in the attached Exhibit 9, incorporated by this reference.
33. Attachment U (“Kithen Pails”). Attachment U is added to the Contract full as set forth in the attached Exhibit 10, incorporated by this refernce.
7.3.1.a
Packet Pg. 183 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2)
34. Amendment No. 1 Repealed. Amendment No. 1 is hereby repealed upon the execution of this Amendment.
35. Full Force and Effect. This modifying Amendment is supplemental to the Contract and is by reference made a part of the Contract. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this, the provision of this Amendment shall in all respects govern and control.
36. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they 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) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURE PAGE FOLLOWS]
7.3.1.a
Packet Pg. 184 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment to the Contract as of the date first written above. "CITY"
CITY OF LAGUNA HILLS
By: _____________________________
Dave Wheeler, Mayor
ATTEST:
By:________________________________________
Melissa Au-Yeung,
City Clerk
APPROVED AS TO FORM:
By:_____________________________
Gregory E. Simonian,
City Attorney
“CONTRACTOR”
CR&R INCORPORATED
Date: __________________________ By : ______________________________ President
Date: __________________________ By : ______________________________ Secretary
7.3.1.a
Packet Pg. 185 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Residential Service
1a. Residential Basic Level Recyclable Materials 35, 60, 90 gallon (1st Cart) per month 1.13 2.98 0.16 4.27 1a. Residential Basic Level Recyclable Materials Additional Cart* per month 1.13 2.98 0.16 4.27 1b. Residential Basic Level Organic Waste 35, 60, 90 gallon (1st Cart) per month 3.58 ‐ 2.89 6.47 1b. Residential Basic Level Organic Waste Additional Cart* per month 3.58 ‐ 2.89 6.47 1c. Residential Basic Level MSW 35, 60, 90 gallon (1st Cart) per month 5.42 ‐ 3.89 9.31 1c. Residential Basic Level MSW Additional Cart per month 5.42 ‐ 3.89 9.31 * (This charge applies only after a resident has received 2 additional Carts free of charge (i.e. upon the request for a 4th Cart). ** (Organic Waste Carts shall be used for Stable Bedding and Manure at the rates provided in 1b above). 2a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 1 pick‐up per week per month 73.06 39.75 ‐ 112.81 2a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 2 pick‐ups per week per month 105.70 78.48 ‐ 184.18 2a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 3 pick‐ups per week per month 126.53 115.22 ‐ 241.752a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 4 pick‐ups per week per month 158.23 152.59 ‐ 310.822a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 5 pick‐ups per week per month 178.50 178.38 ‐ 356.882a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 6 pick‐ups per week per month 199.05 203.89 ‐ 402.94 HOA Stable Bedding and Manure Recycling Service
3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 1 pick‐up per week per month 16.27 6.73 ‐ 23.00 3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 2 pick‐ups per week per month 32.46 13.45 ‐ 45.91 3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 3 pick‐ups per week per month 48.75 20.15 ‐ 68.903a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 4 pick‐ups per week per month 64.98 26.87 ‐ 91.853a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 5 pick‐ups per week per month 81.22 33.60 ‐ 114.82 3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 6 pick‐ups per week per month 97.45 40.34 ‐ 137.793b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 1 pick‐up per week per month 63.31 22.96 ‐ 86.27 3b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 2 pick‐ups per week per month 115.41 57.14 ‐ 172.55 3b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 3 pick‐ups per week per month 136.10 82.60 ‐ 218.703b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 4 pick‐ups per week per month 175.20 112.59 ‐ 287.793b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 5 pick‐ups per week per month 200.33 133.48 ‐ 333.813b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 6 pick‐ups per week per month 225.73 154.13 ‐ 379.863c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 1 pick‐up per week per month 73.06 39.75 ‐ 112.81 3c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 2 pick‐ups per week per month 105.70 78.48 ‐ 184.18 3c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 3 pick‐ups per week per month 126.53 115.22 ‐ 241.753c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 4 pick‐ups per week per month 158.23 152.59 ‐ 310.823c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 5 pick‐ups per week per month 178.50 178.38 ‐ 356.883c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 6 pick‐ups per week per month 199.05 203.89 ‐ 402.943d. HOA Stable Bedding and Manure Recycling 10 Cubic Yard Roll‐off per pull per pull 126.96 132.04 ‐ 259.00 3e. HOA Stable Bedding and Manure Recycling 20 Cu. Yard Roll‐Off per pull per pull 126.96 132.04 ‐ 259.00 3f. HOA Stable Bedding and Manure Recycling 30 Cu. Yard Roll‐Off per pull per pull 126.96 132.04 ‐ 259.00
7.3.1.a
Packet Pg. 186
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
3g. HOA Stable Bedding and Manure Recycling 40 Cubic Yard Roll‐off per pull per pull 126.96 132.04 ‐ 259.00 Commercial and Multi‐family Recyclable Materials Service 4a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 1 pick‐up per week per month 14.83 4.25 0.22 19.30 4a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 2 pick‐ups per week per month 29.71 8.47 0.47 38.65 4a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 3 pick‐ups per week per month 44.54 12.71 0.71 57.964a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 4 pick‐ups per week per month 59.42 16.96 0.94 77.324a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 5 pick‐ups per week per month 74.22 21.22 1.17 96.614a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 6 pick‐ups per week per month 89.11 25.44 1.40 115.95 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 1 pick‐up per week per month 14.83 5.67 0.34 20.84 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 2 pick‐ups per week per month 29.72 11.34 0.65 41.71 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 3 pick‐ups per week per month 44.57 17.01 0.98 62.564b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 4 pick‐ups per week per month 59.47 22.69 1.26 83.424b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 5 pick‐ups per week per month 74.30 28.35 1.62 104.27 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 6 pick‐ups per week per month 89.17 34.04 1.91 125.124c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 1 pick‐up per week per month 14.85 7.09 0.41 22.35 4c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 2 pick‐ups per week per month 29.73 14.16 0.79 44.68 4c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 3 pick‐ups per week per month 44.60 21.29 1.20 67.094c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 4 pick‐ups per week per month 59.50 28.36 1.63 89.494c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 5 pick‐ups per week per month 74.34 35.46 2.02 111.82 4c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 6 pick‐ups per week per month 89.24 42.54 2.40 134.184d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 1 pick‐up per week per month 32.90 12.31 0.86 46.07 4d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 2 pick‐ups per week per month 49.43 27.15 1.91 78.49 4d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 3 pick‐ups per week per month 76.82 42.21 2.99 122.02 4d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 4 pick‐ups per week per month 97.15 53.40 3.79 154.344d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 5 pick‐ups per week per month 117.54 64.59 4.56 186.694d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 6 pick‐ups per week per month 137.87 75.76 5.39 219.024e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 1 pick‐up per week per month 33.98 19.06 1.35 54.39 4e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 2 pick‐ups per week per month 46.40 38.28 2.72 87.40 4e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 3 pick‐ups per week per month 66.08 54.51 3.87 124.46 4e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 4 pick‐ups per week per month 93.44 77.06 5.48 175.984e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 5 pick‐ups per week per month 113.15 93.31 6.64 213.104e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 6 pick‐ups per week per month 138.09 113.79 8.11 259.994f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 1 pick‐up per week per month 41.76 23.46 1.67 66.89 4f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 2 pick‐ups per week per month 59.55 49.10 3.51 112.16 4f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 3 pick‐ups per week per month 86.65 71.47 5.07 163.194f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 4 pick‐ups per week per month 112.21 92.56 6.58 211.354f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 5 pick‐ups per week per month 137.76 113.61 8.09 259.464f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 6 pick‐ups per week per month 163.33 134.72 9.60 307.65
7.3.1.a
Packet Pg. 187
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
4g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 1 pick‐up per week per month 41.72 35.79 2.55 80.06 4g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 2 pick‐ups per week per month 60.79 81.71 5.83 148.33 4g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 3 pick‐ups per week per month 83.56 119.64 8.53 211.734g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 4 pick‐ups per week per month 99.66 147.60 10.54 257.804g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 5 pick‐ups per week per month 118.20 178.70 12.76 309.664g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 6 pick‐ups per week per month 143.34 219.76 15.67 378.77 Commercial and Multi‐Family MSW Service
5a. Commercial/Multi‐family MSW 35 Gallon Cart 1 pick‐up per week per month 24.94 2.28 3.99 31.21 5a. Commercial/Multi‐family MSW 35 Gallon Cart 2 pick‐ups per week per month 49.81 4.53 7.99 62.33 5a. Commercial/Multi‐family MSW 35 Gallon Cart 3 pick‐ups per week per month 74.75 6.80 11.98 93.535a. Commercial/Multi‐family MSW 35 Gallon Cart 4 pick‐ups per week per month 99.64 9.04 15.99 124.67 5a. Commercial/Multi‐family MSW 35 Gallon Cart 5 pick‐ups per week per month 124.56 11.33 19.95 155.845a. Commercial/Multi‐family MSW 35 Gallon Cart 6 pick‐ups per week per month 149.47 13.59 23.96 187.025b. Commercial/Multi‐family MSW 60 Gallon Cart 1 pick‐up per week per month 27.56 2.71 4.81 35.08 5b. Commercial/Multi‐family MSW 60 Gallon Cart 2 pick‐ups per week per month 55.08 5.42 9.59 70.095b. Commercial/Multi‐family MSW 60 Gallon Cart 3 pick‐ups per week per month 82.63 8.13 14.39 105.15 5b. Commercial/Multi‐family MSW 60 Gallon Cart 4 pick‐ups per week per month 110.16 10.84 19.22 140.225b. Commercial/Multi‐family MSW 60 Gallon Cart 5 pick‐ups per week per month 137.72 13.54 23.99 175.255b. Commercial/Multi‐family MSW 60 Gallon Cart 6 pick‐ups per week per month 165.21 16.25 28.81 210.295c. Commercial/Multi‐family MSW 90 Gallon Cart 1 pick‐up per week per month 30.17 3.17 5.57 38.91 5c. Commercial/Multi‐family MSW 90 Gallon Cart 2 pick‐ups per week per month 60.30 6.34 11.19 77.835c. Commercial/Multi‐family MSW 90 Gallon Cart 3 pick‐ups per week per month 90.51 9.50 16.76 116.77 5c. Commercial/Multi‐family MSW 90 Gallon Cart 4 pick‐ups per week per month 120.68 12.68 22.36 155.725c. Commercial/Multi‐family MSW 90 Gallon Cart 5 pick‐ups per week per month 150.85 15.84 27.93 194.625c. Commercial/Multi‐family MSW 90 Gallon Cart 6 pick‐ups per week per month 181.01 18.56 33.55 233.125d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 1 pick‐up per week per month 90.24 9.05 16.03 115.325d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 2 pick‐ups per week per month 138.08 18.96 33.42 190.465d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 3 pick‐ups per week per month 169.46 28.48 50.33 248.275d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 4 pick‐ups per week per month 212.78 37.88 66.91 317.575d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 5 pick‐ups per week per month 256.19 47.28 83.47 386.945d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 6 pick‐ups per week per month 299.53 56.67 100.05 456.255e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 1 pick‐up per week per month 91.25 13.75 24.29 129.29 5e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 2 pick‐ups per week per month 136.22 28.01 49.47 213.70 5e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 3 pick‐ups per week per month 166.87 42.06 74.29 283.225e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 4 pick‐ups per week per month 209.48 55.91 98.79 364.185e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 5 pick‐ups per week per month 252.16 69.77 123.23 445.165e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 6 pick‐ups per week per month 301.29 85.44 150.91 537.64
7.3.1.a
Packet Pg. 188
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
5f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 1 pick‐up per week per month 118.15 17.80 31.46 167.415f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 2 pick‐ups per week per month 145.59 37.20 65.73 248.52 5f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 3 pick‐ups per week per month 201.82 54.51 96.28 352.615f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 4 pick‐ups per week per month 243.34 72.97 128.93 445.245f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 5 pick‐ups per week per month 284.83 91.47 161.56 537.865f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 6 pick‐ups per week per month 326.33 109.94 194.21 630.485g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 1 pick‐up per week per month 106.76 28.29 49.95 185.005g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 2 pick‐ups per week per month 150.28 56.51 99.86 306.655g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 3 pick‐ups per week per month 184.11 86.23 152.32 422.665g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 4 pick‐ups per week per month 225.09 113.28 200.17 538.545g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 5 pick‐ups per week per month 266.28 140.31 247.85 654.445g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 6 pick‐ups per week per month 316.84 172.27 304.42 793.53 Commercial/Multi‐family Split Bin Service
6a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 1 pick‐up per week per month 90.24 5.10 0.65 95.99 6a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 2 pick‐ups per week per month 138.08 10.66 1.44 150.18 6a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 3 pick‐ups per week per month 169.45 16.02 2.25 187.726a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 4 pick‐ups per week per month 212.78 21.32 2.84 236.946a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 5 pick‐ups per week per month 256.19 26.59 3.41 286.196a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 6 pick‐ups per week per month 299.53 31.88 3.63 335.046b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 1 pick‐up per week per month 32.90 6.92 0.65 40.47 6b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 2 pick‐ups per week per month 49.43 15.27 1.44 66.14 6b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 3 pick‐ups per week per month 76.81 23.74 2.25 102.80 6b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 4 pick‐ups per week per month 97.16 30.04 2.84 130.046b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 5 pick‐ups per week per month 117.54 36.33 3.41 157.286b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 6 pick‐ups per week per month 137.87 42.61 4.05 184.536c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 1 pick‐up per week per month 90.24 9.05 16.03 115.32 6c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 2 pick‐ups per week per month 138.08 18.96 33.42 190.46 6c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 3 pick‐ups per week per month 169.46 28.48 50.33 248.276c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 4 pick‐ups per week per month 212.78 37.88 66.91 317.576c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 5 pick‐ups per week per month 256.19 47.28 83.47 386.946c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 6 pick‐ups per week per month 299.53 56.67 100.05 456.256d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 1 pick‐up per week per month 32.90 12.31 0.86 46.07 6d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 2 pick‐ups per week per month 49.43 27.15 1.91 78.49 6d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 3 pick‐ups per week per month 76.82 42.21 2.99 122.02 6d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 4 pick‐ups per week per month 97.15 53.40 3.79 154.346d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 5 pick‐ups per week per month 117.54 64.59 4.56 186.696d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 6 pick‐ups per week per month 137.87 75.76 5.39 219.02
7.3.1.a
Packet Pg. 189
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Commercial/Multi‐family Organic Waste Service
7a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 1 pick‐up per week 14.83 4.25 0.22 19.30 7a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 2 pick‐ups per week 8.47 29.71 0.47 38.65 7a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 3 pick‐ups per week 12.71 44.54 0.71 57.967a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 4 pick‐ups per week 16.96 59.42 0.94 77.327a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 5 pick‐ups per week 21.22 74.22 1.17 96.617a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 6 pick‐ups per week 25.44 89.11 1.40 115.957b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 1 pick‐up per week 14.83 5.67 0.34 20.847b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 2 pick‐ups per week 11.34 29.72 0.65 41.717b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 3 pick‐ups per week 17.01 44.57 0.98 62.567b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 4 pick‐ups per week 22.69 59.47 1.26 83.427b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 5 pick‐ups per week 28.35 74.30 1.62 104.277b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 6 pick‐ups per week 34.04 89.17 1.91 125.127c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 1 pick‐up per week 32.90 12.31 0.86 46.077c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 2 pick‐ups per week 27.15 49.43 1.91 78.497c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 3 pick‐ups per week 42.21 76.82 2.99 122.027c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 4 pick‐ups per week 53.40 97.15 3.79 154.347c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 5 pick‐ups per week 64.59 117.54 4.56 186.69 7c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 6 pick‐ups per week 75.76 137.87 5.39 219.02 Source‐Separated (Type‐Separated) Recycling Service
8c. Source‐Separated Recycling 35 Gallon Cart 1 pick‐up per week per month 15.12 ‐ ‐ 15.12 8c. Source‐Separated Recycling 35 Gallon Cart 2 pick‐ups per week per month 30.18 ‐ ‐ 30.18 8c. Source‐Separated Recycling 35 Gallon Cart 3 pick‐ups per week per month 45.28 ‐ ‐ 45.288c. Source‐Separated Recycling 35 Gallon Cart 4 pick‐ups per week per month 60.37 ‐ ‐ 60.378c. Source‐Separated Recycling 35 Gallon Cart 5 pick‐ups per week per month 75.47 ‐ ‐ 75.478c. Source‐Separated Recycling 35 Gallon Cart 6 pick‐ups per week per month 90.57 ‐ ‐ 90.578b. Source‐Separated Recycling 60 Gallon Cart 1 pick‐up per week per month 16.92 ‐ ‐ 16.92 8b. Source‐Separated Recycling 60 Gallon Cart 2 pick‐ups per week per month 33.85 ‐ ‐ 33.85 8b. Source‐Separated Recycling 60 Gallon Cart 3 pick‐ups per week per month 50.77 ‐ ‐ 50.778b. Source‐Separated Recycling 60 Gallon Cart 4 pick‐ups per week per month 67.70 ‐ ‐ 67.708b. Source‐Separated Recycling 60 Gallon Cart 5 pick‐ups per week per month 84.58 ‐ ‐ 84.588b. Source‐Separated Recycling 60 Gallon Cart 6 pick‐ups per week per month 101.53 ‐ ‐ 101.53 8c. Source‐Separated Recycling 90 Gallon Cart 1 pick‐up per week per month 18.71 ‐ ‐ 18.718c. Source‐Separated Recycling 90 Gallon Cart 2 pick‐ups per week per month 37.36 ‐ ‐ 37.36 8c. Source‐Separated Recycling 90 Gallon Cart 3 pick‐ups per week per month 56.06 ‐ ‐ 56.068c. Source‐Separated Recycling 90 Gallon Cart 4 pick‐ups per week per month 74.75 ‐ ‐ 74.758c. Source‐Separated Recycling 90 Gallon Cart 5 pick‐ups per week per month 93.42 ‐ ‐ 93.428c. Source‐Separated Recycling 90 Gallon Cart 6 pick‐ups per week per month 112.13 ‐ ‐ 112.13
7.3.1.a
Packet Pg. 190
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
8d. Source‐Separated Recycling 2 Cubic Yard Bin 1 pick‐up per week per month 35.85 ‐ ‐ 35.85 8d. Source‐Separated Recycling 2 Cubic Yard Bin 2 pick‐ups per week per month 58.80 ‐ ‐ 58.80 8d. Source‐Separated Recycling 2 Cubic Yard Bin 3 pick‐ups per week per month 85.27 ‐ ‐ 85.278d. Source‐Separated Recycling 2 Cubic Yard Bin 4 pick‐ups per week per month 106.82 ‐ ‐ 106.82 8d. Source‐Separated Recycling 2 Cubic Yard Bin 5 pick‐ups per week per month 128.38 ‐ ‐ 128.388d. Source‐Separated Recycling 2 Cubic Yard Bin 6 pick‐ups per week per month 149.55 ‐ ‐ 149.558e. Source‐Separated Recycling 3 Cubic Yard Bin 1 pick‐up per week per month 45.39 ‐ ‐ 45.398e. Source‐Separated Recycling 3 Cubic Yard Bin 2 pick‐ups per week per month 68.11 ‐ ‐ 68.11 8e. Source‐Separated Recycling 3 Cubic Yard Bin 3 pick‐ups per week per month 113.48 ‐ ‐ 113.48 8e. Source‐Separated Recycling 3 Cubic Yard Bin 4 pick‐ups per week per month 138.08 ‐ ‐ 138.088e. Source‐Separated Recycling 3 Cubic Yard Bin 5 pick‐ups per week per month 143.64 ‐ ‐ 143.648e. Source‐Separated Recycling 3 Cubic Yard Bin 6 pick‐ups per week per month 172.58 ‐ ‐ 172.588f. Source‐Separated Recycling 4 Cubic Yard Bin 1 pick‐up per week per month 50.19 ‐ ‐ 50.198f. Source‐Separated Recycling 4 Cubic Yard Bin 2 pick‐ups per week per month 100.35 ‐ ‐ 100.358f. Source‐Separated Recycling 4 Cubic Yard Bin 3 pick‐ups per week per month 150.55 ‐ ‐ 150.558f. Source‐Separated Recycling 4 Cubic Yard Bin 4 pick‐ups per week per month 200.73 ‐ ‐ 200.738f. Source‐Separated Recycling 4 Cubic Yard Bin 5 pick‐ups per week per month 250.91 ‐ ‐ 250.918f. Source‐Separated Recycling 4 Cubic Yard Bin 6 pick‐ups per week per month 299.16 ‐ ‐ 299.168g. Source‐Separated Recycling 6 Cubic Yard Bin 1 pick‐up per week per month 67.88 ‐ ‐ 67.888g. Source‐Separated Recycling 6 Cubic Yard Bin 2 pick‐ups per week per month 143.83 ‐ ‐ 143.838g. Source‐Separated Recycling 6 Cubic Yard Bin 3 pick‐ups per week per month 212.85 ‐ ‐ 212.858g. Source‐Separated Recycling 6 Cubic Yard Bin 4 pick‐ups per week per month 235.88 ‐ ‐ 235.888g. Source‐Separated Recycling 6 Cubic Yard Bin 5 pick‐ups per week per month 281.86 ‐ ‐ 281.868g. Source‐Separated Recycling 6 Cubic Yard Bin 6 pick‐ups per week per month 362.43 ‐ ‐ 362.438h. Source‐Separated Recycling 10 Cubic Yard Roll‐Off 1 pick‐up per week per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
8i. Source‐Separated Recycling 40 Cubic Yard Roll‐Off 1 pick‐up per week per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
Permanent Container Service
9a. Permanent Compactor and Roll Off Box 10 Cu. Yd. Compactor On‐call or Scheduled Serviceper pull 245.69 50.77 ‐ 245.69+
50.77/ ton
9b. Permanent Compactor and Roll Off Box 40 Cu. Yd. Compactor On‐call or Scheduled Serviceper pull 245.69 50.77 ‐ 245.69+
50.77/ ton
9c. Permanent Compactor and Roll Off Box 10 Cu. Yd. Roll Off Box On‐call or Scheduled Serviceper pull 219.70 50.77 ‐ 219.7+
50.77/ ton
9d. Permanent Compactor and Roll Off Box 40 Cu. Yd. Roll Off Box On‐call or Scheduled Serviceper pull 219.70 50.77 ‐ 219.7+
50.77/ ton
7.3.1.a
Packet Pg. 191
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Temporary Container Service
10a. Temporary Bin and Roll‐Off Box 2 Cubic Yard Bin per pull 104. 5.59 78 9.82 120.19 10b. Temporary Bin and Roll‐Off Box 3 Cu. Yard Cub per pull 104.86 8.38 14.77 128.0110c. Temporary Bin and Roll‐Off Box 6 Cubic Yard Bin per pull 105. 16.78 09 29.58 151.45 10d. Temporary Bin and Roll‐Off Box 10 Cu. Yd. Roll Off per pull 2 50.77 19.70 ‐ 219.7+
50.77/ ton
10e. Temporary Bin and Roll‐Off Box 20 Cubic Yard Roll‐Off per pull 219.70 25.40 ‐ 219.7+
25.4/ ton
10f. Temporary Bin and Roll‐Off Box 30 Cubic Yard Roll‐Off per pull 219.70 38.07 ‐ 219.7+
38.07/ ton
10g. Temporary Bin and Roll‐Off Box 40 Cu. Yd. Roll Off per pull 2 50.77 19.70 ‐ 219.7+
50.77/ ton
COD Service
11a. COD Roll‐Off ‐ up to 6 tons (over 6 tons billed @$38/ton) 40 cubic yard bin per pull 225.69 303.91 ‐ 529.6011b. COD Roll‐Off ‐ up to 8 tons (over 8 tons billed @$38/ton) 10 cubic yard bin per pull 221.47 397.67 ‐ 619.14 Special Event Service
12a. Special Event per container 2.72 6.62 4.84 14.18 12b. Special Event per container 3.18 6.61 5.62 15.4112c. Special Event per container 5.69 6.59 0.33 12.6112d. Special Event per container 7.12 6.60 0.41 14.1312e. Special Event per container 14.42 95.70 25.45 135.57 12f. Special Event per container 23.82 42.41 1.69 67.9212g. Special Event MSW 10 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
12h. Special Event Recycling 10 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
12i. Special Event MSW 40 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
12j. Special Event Recycling 40 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
Emergency Services
13a. 90 Gallon Cart per container 3.17 36.20 5.57 44.94 13b. 3 Cu. Yard Bin per container 14.41 114.72 25.44 154.57 13c. 10 Cu. Yard Roll‐off per pull 263.64 50.77 ‐ 263.64+
50.77/ ton
13d. 40 Cu. Yard Roll‐off per pull 263.64 50.77 ‐ 263.64+
50.77/ ton
MSW Cart (60 gallon) MSW Cart (90 gallon)Recyclable Materials or Organic Waste Cart (60 gallon Recyclable Materials or Organic Waste Cart (90 gallonMSW 3 Cu. Yard BinRecycling 3 Cu. Yard Bin
7.3.1.a
Packet Pg. 192
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Other Services & Special Services
14a. Residential Bulky Goods Collection Service (4 items per pick‐up: 2 free bulky Goods pick‐ups/yr) per pick‐up ‐ 33.03 ‐ 33.03 14b. Commercial Bulky Goods Collection Service (4 items per pick‐up) per pick‐up ‐ 59.45 ‐ 59.4514c. Residential Bulky Goods Collection for items containing Freon. per item ‐ ‐ ‐ ‐14d. Commercial Bulky Good Collection for items containing Freon. per item ‐ 59.45 ‐ 59.4514e. Residential Electronic Waste Collection per item ‐ ‐ ‐ ‐14f. Commercial Electronic Waste Collection per item ‐ 33.03 ‐ 33.0314g. Repair and Maintenance of Compactor per hour 97.69 ‐ ‐ 97.69 14h. Cart Exchange per cart ‐ ‐ ‐ ‐14i. Bin Locking Lids per month ‐ 19.81 ‐ 19.81 14j. Commercial Bin Wheel‐out Service (25' ‐ 50') per month ‐ 33.03 ‐ 33.0314k. Commercial Bin Wheel‐out Service (51' ‐ 75') per month ‐ 66.07 ‐ 66.0714l. per bin ‐ 51.52 ‐ 51.5214m. per cart ‐ 19.81 ‐ 19.8114n. Residential Backyard Wheel‐Out Service for customers providing a physician's note. ‐ ‐ ‐ ‐ 14o. Commercial Glass Recycling (35,60,90 gallon Carts) ‐ ‐ ‐ ‐ 14p. Commercial Bin Wheel‐Out Service for a distance less than 25 feet. ‐ ‐ ‐ ‐14q. Residential HHW Door Side Collection Service (2 pick‐ups/yr) ‐ ‐ ‐ ‐ 14r. Residential UW Door Side Collection Service (2 pick‐ups/yr) ‐ ‐ ‐ ‐ Compactor (Clean MRF Processing Recyclables) Service
15a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 1 pick‐up per week per month 109.16 36.11 63.82 209.0915a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 2 pick‐ups per week per month 154.00 72.32 127.81 354.13 15a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 3 pick‐ups per week per month 185.63 108.59 191.86 486.0815a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 4 pick‐ups per week per month 230.40 144.83 255.93 631.1615a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 5 pick‐ups per week per month 275.18 181.05 319.97 776.2015a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 6 pick‐ups per week per month 319.95 217.32 384.00 921.2715b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 1 pick‐up per week per month 109.30 47.15 83.31 239.76 15b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 2 pick‐ups per week per month 154.15 94.43 166.82 415.40 15b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 3 pick‐ups per week per month 185.82 141.77 250.47 578.0615b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 4 pick‐ups per week per month 230.64 189.04 334.00 753.6815b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 5 pick‐ups per week per month 275.45 236.35 417.61 929.4115b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 6 pick‐ups per week per month 320.28 283.67 501.17 1,105.12 15c. Compactor (Clean MRF Processing Recyclables) 10 Cu. Yard Compactor per pull 219.70 25.40 ‐ 219.7+
25.4/ ton
15d. Compactor (Clean MRF Processing Recyclables) 20 Cu. Yard Compactor per pull 219.70 31.73 ‐ 219.7+
31.73/ ton
15e. Compactor (Clean MRF Processing Recyclables) 30 Cu. Yard Compactor per pull 219.70 38.07 ‐ 219.7+
38.07/ ton
15f. Compactor (Clean MRF Processing Recyclables) 40 Cu. Yard Compactor per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
Additional Cart pick‐up Request (For Cart services listed under numbers: 2, 3, 4, 5, 6, 7)Additional Bin pick‐up Request (For Bin services listed under numbers: 2, 3, 4, 5, 6, 7)
7.3.1.a
Packet Pg. 193
Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 2
Attachment A – Page 1
03/22/22 DTR
Attachment A
Definitions
“AB 939” or “Act” means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.
“Affiliate” means any Person which is related to the Contractor by virtue of a direct or indirect ownership interest or common management. Affiliates include (1) a Person in which the Contractor has a direct or indirect ownership interest, (2) a Person which has a direct or indirect ownership interest in Contractor, and (3) a Person which is owned or controlled by any person which has a direct or indirect ownership interest in Contractor.
For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of the Internal Revenue Code, in effect as of the Effective Date, shall apply except that “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section 318(a)(2)(C) and Section 318(a)(3)(C). “Alternative Fuel Vehicle” means a vehicle whose engine uses a fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably low emissions of air pollutants regulated under the federal Clean Air Act, 42 U.S.C. Section 7401 et seq. or the California Clean Air Act, Health and Safety Code Section 39000 et seq.
“Anaerobic Digestion Facility” (“AD Facility”) means a facility that uses a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called anaerobic digestate. The decomposition occurs in a four-step process: hydrolysis, acidogenesis, acetogenesis, and methanogenesis to break down organic matter into methane, carbon dioxide, water and anaerobic digestate/residuals.
“Authorized Recycling Agent” has the meaning set forth in Public Resources Code Section 40105.
“Bioengineered Feedstock” means a mixture of materials utilized in wastewater treatment plants (WWTP’s) or publicly owned treatment works (POTW’s) to produce biogas. (This process is also referred to as “wet anaerobic digestion”.) Bioengineered Feedstock may include primary and/or secondary sludge, greases from the WWTP grease trap, and organic materials such as Food Scraps from households or other organic materials from industries that have been pre-treated and liquefied to the required consistency.
“Bioengineered Feedstock Facility” means a Processing Facility that accepts Food Scraps and other Bioengineered Feedstock, chops, macerates or otherwise size-reduces the incoming materials, mixes the material with liquid and produces a slurry which is
7.3.1.a
Packet Pg. 194 Attachment: Attachment 1 - Proposed Amendment No 2 (2828 : CR&R Amendment No 2) EXHIBIT 2
Attachment A – Page 2
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then transported or otherwise delivered to a wastewater treatment plant or similar facility for use as a Bioengineered Feedstock to produce methane. “Biomass Conversion Facility” (Biomass) means a facility which uses the controlled combustion of the following materials (when separated from MSW) to produce electricity or heat: (1) agricultural crop residues; (2) bark, lawn, yard and garden clippings; (3) leaves, silviculture residue, tree and brush prunings; (4) Wood, Wood chips and Wood waste; or (5) non-recyclable pulp or non-recyclable paper. “Bin” or “Bins” means open top rectangular metal Containers with wheels, with or without plastic or metal lids, used for storage of MSW or Divertable Materials Collected by Contractor. Typical sizes of Bins include 1.5 cubic yards, 2 cubic yards, 3 cubic yards, 4 cubic yards and 6 cubic yards. Bins are Collected by a front load vehicle equipped with metal forks that are inserted into metal channels on either side of the Bin in order to lift the Bin, empty the contents into the body of the vehicle, and return the Bin to the ground.
“Bulky Goods” means furniture, household or industrial appliances, mattresses, shipping crates and containers, oversized yard waste such as tree trunks and large branches if no larger than two feet (2’) in diameter and four feet (4’) in length, and other large, bulky or heavy objects not normally discarded on a regular basis at Residential Premises and Commercial and Business Establishments.
“Cart” means a Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of 35 gallons, 60-67 gallons, and 90-100 gallons. “Cathode Ray Tubes” or “CRTs” means a computer or television monitor with the yoke still attached that has been separated from an electronic device. “City” means the City of Laguna Hills, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term.
“Clean Materials Recovery Facility” or “Clean MRF” means a MRF, or that portion of a MRF that processes Recyclable Materials such as Single-Material Recyclables and Single Stream Recyclable Materials, containing no more than the maximum residue allowed by CalRecycle permit regulations (10% residue). “Clean Up Bin” or “CUB” means a 3 cubic yard open top metal Container without wheels for temporary service to store and transport MSW or Divertable Materials. CUBs are Collected using roll-off trucks.
“Co-Collection” or “Co-Collected” means the Collection of more than one waste stream in one Container. For example, the Collection of Food Scraps and Yard Trimmings in one green Container.
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“Collection” or “Collect” means the taking of physical possession of MSW, Divertable Materials, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris or other materials from Customers, and their transport to a Processing Facility, transfer station or landfill. Collect also means “Collected” or “Collecting.” “Commercial and Business Establishments” means all hotels, motor courts, restaurants, offices or office buildings, federal, state and local government offices (excluding schools) stores, warehouses, factories, and all other Premises used for other than dwelling houses.
“Commercial Premises” means any premises occupied by stores, offices, and other commercial facilities providing goods or services and, solely for purposes of this Contract, dwelling units in residential developments wherein such dwelling units are not provided individual Collection service nor individually billed by Contractor but are instead serviced through central Collection by Containers and billed by a Homeowners Association or Property Manager.
“Commingled Recyclables” or “Commingled Recyclable Materials” means the storage and Collection of Recyclable Materials in one Container. “Compactor” means an enclosed rectangular or square metal container containing a ram rod to condense and compress the contents and are typically used to store MSW or Divertable Materials. Compactors may be small (3 cubic yards and 4 cubic yards) for use on Commercial Premises, or large (10 cubic yards, 20 cubic yards, 30 cubic yards and 40 cubic yards) for use at large commercial businesses, construction sites, hotels, supermarkets and other large retail stores. Compactors are transported by a special vehicle equipped with hooks and a winch to pull the Compactor on to the flat bed of the vehicle.
“Compost” is the product resulting from the controlled biological decomposition of organic material that are Source Separated from the MSW stream and that has been sanitized through the generation of heat and processed to further reduce pathogens’ (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth.
Compost bears little physical resemblance to the raw material from which it originated.
Compost is an organic matter source that has the unique ability to improve the chemical, physical, and biological characteristics of soils or growing media. It contains plant nutrients but is typically not characterized as a fertilizer. “Composting” means the creation of Compost.
“Compost Facility” means a facility that processes one or more of the following that have been Source Separated from MSW, Food Scraps, Yard Trimmings, Wood, and Food-Soiled Paper such as paper napkins and paper towels by means of outdoor windrow Composting, aerated static pile Composting, covered Composting, vermiculture, or other
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outdoor Composting methods or covered Composting with use of either finished Compost or fabric, synthetic or other type(s) of cover(s) applied to the Composting piles. “Construction and Demolition Debris” or “C&D” includes building materials such as Wood, sheetrock, metals, concrete, asphalt, dirt, Yard Trimmings from grubbing, packaging and rubble resulting from Construction, remodeling, repair or Demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.
“Construction and Demolition (C&D) Processing Facility” means a facility that accepts waste building materials, packaging, and rubble for separation. Materials separated may be further processed to prepare them for sale or re-use (e.g. removing nails from Wood, grinding of concrete and asphalt). The facility then markets the materials for re-use.
“Containers” means any object designed and used to hold MSW or Divertable Materials to be Collected by the Contractor. Containers include Carts, Bins, clean-up Bins (CUBs), open-top Roll Off Boxes, and Compactors.
“Contamination” means materials which are not specified for Collection in particular Containers and Receptacles or for processing at any Processing Facility and which would either interfere with such processing or reduce the quality and value of the Recovered Materials. For example, metals and plastics constitute “Contamination” if placed in a Food Scraps and Yard Trimmings Container (or green Container). Tree trimmings or Food Scraps constitute “Contamination” if placed in a Recyclable Materials Container (or brown/blue Container). Contamination of MSW means the presence of Divertable Materials in the MSW Container (or gray Container) such as Recyclable Materials, Food Scraps, Construction and Demolition Debris, and/or Yard Trimmings.
Food Scraps placed in a brown Container does not constitute “Contamination” if the City directs for further segregation of Multi-Family and Commercial and Business Establishment’s Organic Waste in accordance to the City’s Mandatory Recycling Ordinance.
“Contaminate” means the act of “Contamination.”
“Contract” means this Contract between the City and Contractor dated as of September 28, 2005, including all attachments, and any amendments hereto. “Contractor” means CR&R, Incorporated. The Contractor is the City’s authorized recycling agent.
“Construction” means the building, rehabilitation, remodeling, renovation or repair of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
“County” means the County of Orange.
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“Customer” see “Generator.”
“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
“Disposal” means the burying of MSW at a permitted Disposal Site. “Disposal Site” means the City-designated Landfill(s), transfer station(s) or other facility(ies) used for the disposal of MSW.
“Diversion” or “Divert” means any combination of Recycling, sorting, Composting, and/or other processing activities conducted at a Clean MRF, a Compost Facility, an Anaerobic Digestion Facility, a Bioengineered Feedstock Facility, a Construction and Demolition Debris Processing Facility or another City-approved Processing Facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to prevent the materials from being disposed in a landfill.
“Divertable Materials” or “Divertable” means Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris, Special Collection Services materials, and all other materials that can be diverted from disposal. Divertable Materials includes, but is not limited to, all materials required to be Diverted from disposal by the City, CalRecycle or any state or federal agency. Divertable Materials includes Food Soiled Paper only when directed by the City. “Diversion Programs” means Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Wood, Construction and Demolition Debris, and processing of said materials at a Clean MRF, a Compost Facility, a Construction and Demolition Debris processing facility or other Processing Facility. Diversion Programs include all City Special Collection Services and other programs; and programs supported by residents, Commercial and Business Establishments, or other Persons that have the effect of diverting materials from landfill. Diversion Programs includes all of the programs included in the Contract.
“Edible Food” means food intended for human consumption. Edible Food is not MSW if it is recovered and not discarded. Nothing in this Contract requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Effective Date” means the date identified in Section 3.01. “Electronic Waste” or “E-Waste” includes discarded video display devices such as a television screen, computer monitor, plasma television screen, computer CPU’s, LED screens and monitors, computer keyboards, computer mouse, printers, desk copiers, multi-function desktop machines (such as a combination printer/fax/copier), LED bulbs,
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VCR’s, DVD/CD/tape players, cellular telephones, microwave ovens, toasters, irons, stereos and speakers, cables, scanners and all other corded appliances and corded devices. “Environmental Laws” means all federal and state statutes, county and city ordinances concerning public health, safety and the environment including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. Section 11001 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Integrated Waste Management Act, California Public Resources Code Section 40000 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; the California Clean Air Act, Health and Safety Code Sections 39000 et seq.; the California Hazardous Materials Response Plan and Inventory Act, Health and Safety Code Sections 25500 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. “Food Scraps” or “Food waste” means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from MSW. Food Scraps include surplus or unsold Edible Food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. Food Scraps includes, without limitation, Food Scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), Grocery Stores, farmer’s markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), Restaurants, and Residential Food Scraps. Food Scraps does not include Food Soiled Paper.
“Food Soiled Paper” means material that has come in contact with food or liquid, such as, but not limited to, paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and food containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes. Food Soiled Paper does not include polystyrene, diapers, aluminum foil or foillined food wrap. “Food Waste Processing Facility” means the City approved Compost Facility used to process Food Scraps Collected by Contractor in the City. “Franchisee” means as defined in Chapter 5-32 of the Laguna Hills Municipal Code. “Fully Implemented” or “Fully Implement” means that Contractor has performed (1) all implementation steps (i) through (xii) as described in Sections 2.02.9 and 3.03.4 of
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Attachment B for a Customer and (2) the Diversion Program is operating at the Customer’s Premises as required by Attachment B and SB 1383. “Gate Fee” means the amount charged for delivery of materials to the City designated Disposal Site and Processing Facility.
“Generate” means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW or Divertable Materials. “Generator” means the owner, occupant or user of Premises at which MSW or Divertable Materials is Generated and Collected by Contractor. “Green Waste”: See “Yard Trimmings.”
“Hazardous Waste” means as defined in Section 11.05 of the Contract. “Holiday Greenery” means clean organic green materials that are typically used for decorating during holidays, such as trees or wreaths.
“Homeowners Association” or “HOA” means a mandatory membership organization comprised of two or more homeowners for the maintenance of commonly owned real estate and improvements associated with Multi-Family developments comprised of detached homes, condominiums or townhouses.
“Household Hazardous Waste” or “HHW” means any Hazardous Waste generated incidental to owning or maintaining a place of residence. Household Hazardous Waste does not include any waste generated in the course of operating a business or commercial activity at a residence or at any Commercial and Business Establishment. Typical Household Hazardous Wastes include used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnishes, pesticides, herbicides, pool chemicals and cleaning supplies.
“Households Sharps Waste” means home-generated sharps, as defined in Section 117671 of the California Health & Safety Code, including hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, which are generated by a Single-Family or Multi-Family residence. “Household Sharps Waste” does not include any waste generated in the course of operating a business concern at a residence, business generated waste, or medical waste not described herein.
“Including” means including but not limited to.
“Indemnitees” means the City, members of the City Council and other officers, employees, and agents.
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“Inspection” means a site visit where the City reviews records, Containers, receptacles, and an entity’s Collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with SB 1383 requirements. “Kitchen Pail” means a plastic receptacle with the specifications described in Attachment U, having a hinged closeable lid, suitable for use for temporary storage of Food Scraps that will later be placed into a Container for Collection. “Mandatory Recycling Ordinance” means Chapter 5-32 (Solid Waste and Recycling) of the City of Laguna Hills Municipal Code.
“Materials Recovery Facility” or “MRF” means a permitted facility that accepts and sorts Divertable Materials in order to segregate individual commodities for sale to end markets. A MRF typically provides additional processing of the segregated commodities to enhance their value to end users (e.g. color sorting of glass, baling of plastics, paper and cardboard, sorting lower paper grades from computer paper to enhance the value of the computer paper) and markets the commodities to end users. “Mobile Home Park” means any site, lot, field or tract of land upon which mobile homes, manufactured homes, or modular homes or a combination of any of these homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.
“Multi-Family” means a building, dwelling unit or complex containing multiple dwelling units that house more than three residences. Apartment complexes, condominiums, townhouses and similar configured housing complexes are included.
Multi-Family does not include Single-Family residences, duplexes or tri-plexes. “Municipal Solid Waste” or “MSW” means the variable portion of all non-hazardous discarded materials that is left over after all Diversion Programs are utilized by the owners and/or occupants of all Premises in the City. The owners and/or occupants of all Premises within the City are provided with separate, designated Containers for MSW, Recyclable Materials, Yard Trimmings and Food Scraps ((with the exception of non-food generating Commercial and Business Establishments) and Construction and Demolition Debris (where applicable)). The owners and occupants of all Premises separate and place discarded materials in the appropriate Container provided to their Premises. City provides Special Collection Services and third parties provide Diversion Programs for Diversion of household appliances, E-Waste, grease, fats, oils and other Divertable Materials. MSW is the material placed by owners and/or occupants in the MSW Container and does not include materials placed in the other Containers designated for Divertable Materials or Diverted via other Diversion Programs.
MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 25800, et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 25015, et seq.
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“Organic Waste” or “Organic Materials” means Food Scraps and Yard Trimmings. “Producer’s Price Index” or “PPI” means the Producer Price Index for Finished Goods Less Food and Energy, not seasonally adjusted, issued by the United States Department of Labor, Bureau of Labor Statistics.
“Person” includes any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County, municipality or special purpose district or any other entity whatsoever. “Plastic containers” means all plastics of resin numbers 1-7, specifically excluding styrofoam.
“Premises” means any land or building in the City where MSW or Divertable Materials is generated or accumulated.
“Processing Facilities” means facilities where the following activities are conducted:
sorting, cleaning, treating, Composting, and reconstituting Collected materials and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the market place. Processing Facilities include Clean Materials Recovery Facility, Composting Facilities, Anaerobic Digestion Facilities, Bioengineered Feedstock Facilities, wastewater treatment plants, C&D sorting facilities, and concrete and asphalt grinding facilities.
Processing Facilities do not include waste-to-energy, Biomass, thermal destruction, or any type of Transformation facilities.
“Property Manager” means any person that manages and/or oversees the activities at, and services provided to, Premises that generate MSW and Divertable Materials. “Proposal” means the Proposal submitted by Contractor to City under cover of a letter dated August 26, 2005, presented in one (1) binders entitled: Proposal for Integrated Waste Management Services for the City of Laguna Hills. “Red/Green Tracking Spreadsheet” means the document used to track program implementation progress.
“Recovered Materials” means those materials that are processed at a Clean MRF, Compost Facility, Anaerobic Digestion Facility, Bioengineered Feedstock Facility, Construction and Demolition Debris processing facility or any other Processing Facility and thus Diverted from landfill disposal.
“Recyclable Materials” or “Recyclables” means material which otherwise would become, or be treated as, MSW but which, by means of a process of Collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. Recyclable Materials includes, but is not limited to, paper, books, magazines, cardboard, boxes, plastics, metals, glass, and other similar
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materials authorized by the City for Collection by the Contractor. Recyclable Materials does not include Food Scraps, Yard Trimmings, or Construction and Demolition Debris. “Recycle” and “Recycling” mean the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace. “Residential Premises” includes Single-Family dwellings, Multi-Family dwellings (such as townhouses, apartments, and condominiums) and Mobile Home Parks that are provided individual Collection service at each dwelling unit, whether by means of walkin or curbside Collection, and which may be individually billed by Contractor or billed, as part of a central billing process, by the HOA or Property Manager. “Residue” means the MSW destined for Disposal which remains after processing at a Processing Facility. The percent of residue is calculated by dividing the weight of the residue by the weight of the total materials delivered for processing at the facility. “Roll Off Boxes” means large open top rectangular metal Containers used to store and transport MSW or Divertable Materials. Roll Off Boxes are Collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck for transport. Roll Off Boxes typically come in 10, 20, 30 and 40 cubic yard sizes. “Route Review” means a visual Inspection of Containers along a hauler’s Collection route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras. “SB 1066 Programs” or “1066 Programs” means those Diversion Programs that City is required to implement and maintain at specified operating levels by the California Department of Recourses Recycling and Recovery under its Source Reduction and Recycling Element.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-Haul” means the hauling of MSW or Divertable Materials to a Processing Facility or Disposal Site or other type of facility by a Generator, owner, or occupant of any Premises.
“Scout Service” means moving individual Containers of MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the property where the Containers can be emptied by a Collection vehicle (i.e. frontloader) and then returned to their original locations. The Containers are moved by a pickup truck, motorized utility cart or other similar lightweight vehicle. Scout Service is used to save wear and tear on
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pavement in parking lots and driveways and to save Collection time. Instead of traveling to the location of each individual Container to empty the Container, the Collection vehicle (i.e. frontloader) only travels to one centralized location where the scout brings the full individual Collection Containers for pickup.
“Single-Family” means Single-Family residences, duplexes, tri-plexes, four-plexes or any residences that have individual Cart Collection service. “Single-Material Recyclables” means those Recyclable Materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling different from that of MSW by or for the Generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent (10%) Contamination by weight.
“Single Stream Recyclable Materials” or “Single Stream Recyclables” means those Recyclable Materials collected as separated from MSW by the Generator and consisting of a mixture of metals, glass, plastics #1-7, and all paper grades from Single-Family Premises, Commercial Business Establishments and Multi-Family. Single Stream Recyclable Materials are distinguished from Single-Material Recyclables, which consist of only a single type of material, such as glass, separated from other Recyclables. “Source Separated” or “Source-Separated” means materials that have been separated or kept separate from the MSW stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Container and/or receptacles for the purpose of Collection such that Source Separated materials are separated from MSW for the purposes of Collection and processing.
“Source and Type-Separated Recyclable Materials” means those Recyclable Materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling different from that of MSW by or for the generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent (10%) by weight (measured by each load being transported, Collected and/or disposed) of any residual or contaminant material which cannot be Recycled, Composted or similarly utilized, and which instead must be disposed of as garbage or otherwise.
“Source Reduction” means any action that causes a net reduction in the generation of MSW. Source Reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and
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products, reducing packaging, reducing the amount of Organic Waste generated, establishing MSW Collection rate structures with incentives to reduce waste tonnage generated, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials.
“Source-Separated C&D Processing” means Source Separated streams of Construction and Demolition Debris, e.g. Wood, concrete, and soil from commercial accounts, selfhaul, and government agencies. “Special Collection Service” means programs, offered by the Contractor, for the Collection of Universal Waste, Household Hazardous Waste, Electronic Waste, Bulky Goods, Holiday Greenery, and other Diversion Programs.
“Stable Bedding and Manure” means straw, paper, hay, Wood shavings or other materials and excrement or droppings from horses, goats and other livestock that is removed from livestock pens, stalls and other facilities. “Term” means the term of this Contract as specified in Section 3.02, unless extended by City pursuant to Section 3.03.
“Ton” means a short ton of 2,000 pounds avoirdupois.
“Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting as defined in PRC section 40201 and does not include Composting, gasification, or biomass conversion. Transformation does not constitute Recycling for purposes of this Contract.
Universal Waste. “Universal Waste” means those hazardous wastes identified as universal wastes in Section 66261.9 of Title 22 of the California Code of Regulations, including but not limited to: fluorescent bulbs and tubes; household batteries (e.g. D, AA, button-type, etc.); non-empty aerosol cans; and mercury containing devices (e.g. thermometers, thermostats, gauges, etc), and generated by a single family or multi-family residence. "Universal Waste" does not include any waste generated in the course of operating a business concern at a residence or business generated waste. "Universal Waste" may include electronic devices, which are subject to the unlimited curbside pickup specified in Section 4.5 (Electronic Waste Collection) of Attachment B of the Contract.
“Will” means “shall” whenever the context requires.
“Wood” means all non-hazardous Wood material that is not painted with lead-based or other paints containing materials identified as Hazardous Waste, or treated with creosote or other hazardous materials. Wood includes, but not limited to, tree branches and other Wood trimmings, dimensional lumber and other pieces of Wood generated during the manufacture or processing of Wood products, Wood generated as part of the harvesting or processing of raw woody crops, and the Wood debris from Construction and Demolition activities.
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“Yard Trimmings” or “Yard Waste” means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials.
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ATTACHMENT B
SCOPE OF WORK FOR COLLECTION AND DIVERSION OPERATIONS
SECTION 1 - GENERAL REQUIREMENTS
1.1 General Requirements for Collection and Billing
The Contractor shall Collect, transport, and dispose of all Municipal Solid Waste (MSW) and shall Collect and Recycle all Divertable Materials which are placed for Collection at Residential, Commercial and Business Establishments and at City Facilities and events at which the MSW or Divertable Materials are generated.
Contractor shall prepare bills for all Customers that clearly and accurately list rates in effect at the time services were provided or for the time period in which services will be provided. Bills shall fully explain and display all calculations of each charge except that portion of a Customer’s bill attributable to the City franchise fee. Such charges shall be at Contractor’s rates as established in Attachment D, as adjusted for inflation per the Contract. Any disputes related to charges to Customers shall be resolved by Contractor. Contractor shall submit to City, sixty (60) days prior to its use, a draft of bill format(s) and a line-item description for each charge, together with an example of a completed bill for an individually-serviced Residential Premises, a centrally-billed Multi-Family Premises, a Commercial and Business Establishment with Recycling Collection services, and a temporary Roll Off Box service for review and approval. Contractor shall also, at the same time as submittal of the draft above, submit a draft of a conveniently-sized listing of services and maximum rates in effect that may be distributed to, and retained for reference by, all Customers.
1.2 Changes in Collection Services.
Contractor shall be responsible for: (A) establishing services for new Customers; (B) stopping services and preparing a final billing on a pro rata basis for a Customer permanently discontinuing service; (C) suspending services at an individually-billed Residential Premises or Commercial and Business Establishments one time in a calendar year for a period of 60 calendar days for temporary vacation stops. [During temporary vacation stops, the Customer shall incur no charges for Collection services not provided and, if Customer is due refund and/or credit, timely
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refunding/crediting of payment made in advance of temporary vacation stops. If a temporary vacation stop request exceeds 60 calendar days, Contractor may arrange to pick-up the Containers from the Customer and require them to restart service as the account will be considered discontinued]; (D) accommodating modifications in the weekly frequency of Collection services for Commercial and Business Establishments on an as-needed basis.
Contractor shall, for approval of City, develop a procedure and confirmation form to document requests for commencement and termination of, and changes in, service. Customers shall be provided a copy of confirmation form noting effective date of start-up, change, suspension or termination in Collection services and other pertinent details, such as data of issuance of refund for services not provided but for which Customer has paid.
1.3 Changes in Scheduled Days of Collection.
Once a schedule of Collection days for MSW and/or Divertable Materials has been established for Residential Premises, the schedule shall not be changed without the prior written approval of City. Contractor shall request approval from City ninety (90) days prior to planned change in a scheduled day of Collection for Residential Premises. As a condition of approval of such a change, City may require Contractor, at Contractor’s sole expense, to notify residents of the change by first-class postage. All details and scheduling of such notice shall be subject to approval by the City.
Scheduled Collection days for MSW and/or Divertable Materials may be changed at the request of the occupant or Property Manager of any Commercial and Business Establishment, or MultiFamily Premises, without the approval of City. The City will determine the final schedule of Collection days, in the event a disagreement arises between Contractor and a Customer or MSW and/or Divertable Materials Generator at Commercial and Business Establishments or MultiFamily Premises.
1.4 Containers for the Collection of MSW and Diveratable Materials.
Contractor shall be responsible for furnishing all Containers as detailed in Sections 1.04.1, 1.04.2, and 1.04.3. All Containers will be consistently color-coded.
The color-coding scheme shall be black for MSW, green for Yard Trimmings, Food Scraps, and Stable Bedding and Manure, and brown for Recyclable Materials for Residential Premises Carts.
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During the Term if a Recyclable Materials Cart is replaced, or a new Cart is distributed, Contractor shall provide a blue Cart to a Residential Premises.
The color-coding scheme shall be black for MSW, green for Yard Trimmings, Food Scraps, and Stable Bedding and Manure, and brown for Recyclable Materials for Commercial and Business Establishment and Multi-Family Premises Carts. During the Term if a Recyclable Materials Cart is replaced, or a new Cart is distributed, Contractor shall provide a blue Cart to a Commercial and Business Establishment and Multi-Family Premises.
All new Containers shall have messages/graphics on the exterior (or the underside of the lid on Carts and Bins) designed to remind Customers of what can or cannot be discarded into each type of Container (i.e., grass clippings and branches discarded into a green Cart are acceptable; aluminum cans and Plastic Containers discarded into a brown Commingled Recycling Cart are acceptable; Food Scraps discarded into a brown Cart is not acceptable—unless directed by City in accordance to the City’s Mandatory Recycling Ordinance). The text/graphics shall be approved by City.
The color-coding scheme for Bins, CUBs, Roll Off Boxes, and Compactors shall be approved by City.
1.04.1 Container Color Coding and Labeling.
Beginning with the implementation of residential SB 1383 Diversion Programs all Containers will be consistently color-coded with the proper signage and decals in accordance with SB 1383 requirements. Decals shall be affixed and Carts shall be distributed starting July 1, 2022 and completed by December 31, 2022.
1.04.2 Containers for Residential Premises.
Contractor will provide each Customer with three (3) Carts for Residential Premises basic level of service: one (1) black MSW Cart, one (1) brown Recyclable Materials Cart, and one (1) green Cart for Co-Collected Food Scraps and Yard Trimmings and/or Stable Bedding and Manure for the rates set forth in Attachment D. Customers will be allowed to specify the size of each Cart for basic level of service from thirty (35) gallon, sixty (60) gallon, or ninety (90) gallon Carts.
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Contractor shall provide up to two (2) additional brown Recyclable Materials Carts and up to (2) additional green Carts for Co-Collected Food Scraps and Yard Trimmings and/or Stable Bedding and Manure free of charge. Contractor shall charge a fee, as established in Attachment D, upon the fourth (4th) additional Cart request for a brown Recyclable Materials Cart and upon the fourth (4th) additional Cart request for a green Cart for Co-Collected Food Scraps and Yard Trimmings and/or Stable Bedding and Manure.
If additional black MSW Carts are requested by Customer, Contractor shall provide such additional Carts at the rate set forth in Attachment D.
Contractor shall provide 3 cubic yard Bins for storage and Collection services of Stable Bedding and Manure for Residential Premises at the rates established in Attachment D.
Distribution of Food Scraps/Green Waste Carts and Kitchen Pails for Food Scraps storage, and associated public education materials is described in Section 2.02.4 of this Attachment B.
Contractor will provide a choice of a thirty (35) gallon, sixty (60) gallon, or ninety (90) gallon Cart size to Customer upon any request for an additional Cart or a Cart replacement. At any time a Cart is distributed to a Residential Premises, Contractor shall also deliver to the Residential Premises an informational brochure, describing the Commingled Recyclables curbside Recycling program, Co-Collected Food Scraps and Yard Trimmings Recycling program, and the Stable Bedding and Manure Recycling Program. The brochure shall include a listing in detail of all types of Divertable Materials that will be Collected and how they are to be prepared, items to include and exclude for each SB 1383 Diversion Program, days of Collection and other pertinent information. This brochure shall be submitted to City for approval sixty (60) days prior to the initial delivery of the Containers. City may direct that the brochure be periodically updated as needed, but not more often than once annually. All costs associated with the preparation of a professional, well-formatted and designed brochure, including photographic examples of Co-Collected Food Scraps and Yard Trimmings and Recyclable Materials and Containers. The costs of printing, labeling, and mailing (first class postage) shall be borne by Contractor.
Residential Customers not being serviced for Yard Waste as of July 1, 2022 are required to receive a green Cart for the Co-Collection of Food Scraps and Yard Trimmings by December 31, 2022. As of July 1, 2022, the default size Cart for Customers, who previously were not being
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serviced for Yard Waste, shall be one (1) thirty-five (35) gallon Cart. Beginning with the implementation of Co-Collected Yard Trimmings and Food Scraps, all Residential Premises, without exception, shall be provided with a decaled green Cart for the Co-Collection of Yard Trimmings and Food Scraps prior to December 31, 2022.
1.04.3 Containers for Multi-Family Complexes, Commercial and Business Establishments, and City Facilities
Contractor shall furnish ninety (90) gallon, sixty (60) gallon and thirty-five (35) gallon wheeled Carts with lids for MSW, Recyclable Materials, Food Scraps, and Yard Trimmings to Multi-Family complexes, Commercial and Business Establishments, and at City facilities. The Carts shall meet the specifications listed in Attachment G and shall be color-coded per the regulatory requirements of SB 1383. Food Scraps Carts shall have a granite base with a lime-green lid and contain signage/decals in accordance with SB 1383. For storage of MSW, Recyclable Materials, Yard Trimmings, and Food Scraps, Contractor shall also furnish, in SB 1383 compliant colors, two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins; split two (2) cubic yard Bins, split three (3) cubic yard Bins, split four (4) cubic yard Bins; three (3) yard bin compactors, and four (4) yard bin compactors; ten (10) cubic yard, twenty (20) cubic yard, thirty (30) cubic yard and forty (40) cubic yard Roll Off Boxes; and shall provide Compactor pull service for Commercial and Business Establishments and City facilities, except that Customers located at any of the above Premises may, at their sole discretion, lease and/or purchase Compactors from any Person, company, manufacturer, or distributor, including, but not limited to, Contractor for use at their Premises. Contractor shall provide repair and maintenance services at rates in Attachment D, to any Customer requesting such services for a Compactor whether or not said Compactor is owned by Contractor.
SECTION 2 - RESIDENTIAL COLLECTION SERVICES
2.1 Basic Level of Service
The basic level of service for a Residential Premises that is individually-serviced includes once weekly curbside Collection of: (A) MSW provided by automated Collection; (B) Commingled Recyclable Materials provided by automated Collection, (C) Stable Bedding and Manure provided by automated Collection, and (D) Co-Collected Food Scraps and Yard Trimmings provided by automated Collection. City will allow exceptions to automated Collection, upon City’s verification
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of the reason for exemption, if required due to space constraints, safety issues or other unusual circumstances. Contractor shall Collect Commingled Recyclable Materials in a vehicle Collecting solely Commingled Recyclable Materials to prevent Contamination of said materials. Contractor shall process Commingled Recyclable Materials at a Clean MRF identified in Attachment Q, and arrange for sale of the Recyclable Materials. Contractor shall Collect Food Scraps and Yard Trimmings and Stable Bedding and Manure in a vehicle collecting solely Food Scraps and Yard Trimmings and Stable Bedding and Manure to prevent Contamination of said materials.
Contractor shall process Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure at a Compost Facility identified in Attachment R and arrange for sale of the Compost and other saleable materials resulting from the Composting process.
2.2 Other Levels of Service to be Provided
Contractor shall provide other levels of service for Residential Premises Collection of MSW and Divertable Materials, as specified in Sections 2.02.1 to 2.02.9.
2.02.1 Back Yard/Wheel Out Service
All basic Residential Premises services identified in Section 2.1 shall be offered with back yard/wheel-out service in the following instances. The Contractor shall go into backyards/sideyards at no charge for accounts that have a letter on file with Contractor from a physician confirming there is a medical reason that prevents the resident from moving MSW, Recyclable Materials, Co-Collected Food Scraps and Yard Trimmings, and Stable Bedding and Manure Carts and other materials to the curb and that there are no other capable persons in the household to provide this service. Annually Contractor shall request a new letter from a physician in order for the account to maintain backyard service at no charge.
2.02.2 MSW Collection
The basic level of service for a Residential Premises that is individually-serviced is once weekly curbside Collection of MSW provided by automated Collection. Contractor shall also provide MSW Collection services to all Multi-Family complexes, gated communities and Mobile Home Parks.
2.02.3 Single-Family Services
Contractor shall Collect Single Stream Recyclable Materials in a vehicle collecting solely Single Stream Recyclable Materials to prevent Contamination of said materials. Contractor shall provide and use the Containers described in Section 1.4. Contractor shall process Single Stream
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Recyclable Materials at a Clean MRF approved by City as prescribed in Attachment Q and arrange for sale of the Recyclable Materials. Contractor shall collect Co-Collected Food Scraps and Yard Trimmings in a vehicle collecting solely Co-Collected Food Scraps and Yard Trimmings to prevent Contamination of said materials. Contractor shall process Co-Collected Food Scraps and Yard Trimmings at a Compost Facility as prescribed in Attachment R.
2.02.4 Establish Single-Family Food Scraps Recycling
Contractor shall provide the weekly Co-Collection of Food Scraps and Yard Trimmings from all Residential Customers starting July 1, 2022 for existing Yard Waste service areas and by October 31, 2022 for non-Yard Waste Residential service areas. All Single-Family Customers will have a Fully Implemented Co-Collected Food Scraps and Yard Trimmings program by December 31, 2022.The Co-Collected materials of Food Scraps and Yard Trimmings shall be delivered to the City-designated Processing Facility in Yuma, Arizona as described in Attachment R for Composting. Customers shall be charged the rates for the Co-Collected Food Scraps and Yard Trimmings Collection and Processing service as set forth in Attachment D.
Contractor shall Collect all Co-Collected Food Scraps and Yard Trimmings from Residential Premises once per week on the same day as MSW. Contractor shall Collect all Co-Collected Food Scraps and Yard Trimmings in a Collection vehicle that Co-Collects Food Scraps and Yard Trimmings and shall process the Collected material at the City-approved Co-Collected Yard Trimmings and Food Scraps Processing Facility described in Attachment R and Article 5 of the Contract.
Distribution of Kitchen Pails, as illustrated in Attachment U, will be provided to all Single-Family Premises. Contractor shall have distribution completed by December 31, 2022 for Customers that have not already received a food scrap pail as part of the Co-Collected Food Scraps and Yard Trimmings Program implementation.
Within fourteen (14) calendar days after delivery of the Food Scraps/Green Waste Cart to a Residential Premises, which did not have Yard Trimmings service on or before July 2022, Contractor shall provide the Residential Premises, at no additional charge, with a Kitchen Pail for storage of Food Scraps in the kitchen as described in Attachment U.
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As part of the Food Scraps and Trimmings program implementation, Contractor shall prepare a sample of labeling to be placed on existing Residential Yard Trimmings Carts to clearly indicate that both Food Scraps materials and Yard Trimmings will be placed in the newly labeled Carts.
Labels shall comply with SB 1383 CalRecycle regulatory requirements [Article 3 Section 18984.5.(b)] for labeling/signage for Food Scraps/Yard Trimmings Co-Collection programs.
Contractor shall submit the draft labels to the City for approval no less than thirty (30) days before distribution. City shall review, provide comments, and, if acceptable, approve the labels within five (5) working days of receipt. Upon receipt of the labels and approval by the City, and after distributing the outreach material approved by City, Contractor shall arrange to attach the labels starting July 1, 2022 to all existing Residential Yard Trimmings Carts to attain 100% distribution by December 31, 2022.
Starting June 1, 2022 Contractor shall prepare and distribute Food Scraps and Yard Trimmings public education materials, customized to all Residential Premises as described in Section 5 of this Attachment B, to all Residential Premises. All initial education material distribution will be completed by August 31, 2022. Any additional ongoing annual public education material requirements are described in Sections 5.2, 5.3 and 5.4.
During the Term, additional Single-Family homes may be constructed and occupied within the City. Newly constructed Single-Family homes shall be designed to adequately address spacing and Collection areas to accommodate a three-Cart system within thirty (30) days of issuance of the City’s Certificate of Occupancy or upon request by any Person or HOA that includes: A) MSW Collection; B) Commingled Recyclables program and C) a Co-Collected Food Scraps and Yard Trimmings Collection program at each new Residential Premises.
Contractor shall continuously monitor the residential automated Single Stream Recycling Program and the residential Co-Collected Food Scraps and Yard Trimmings Program for both participation and Contamination such that over each twelve (12) month period of the Term, Contractor has randomly observed a minimum of two percent (2%) of all Single-Family households in the City to note Contamination levels in the Single Stream and Co-Collected Food Scraps and Yard Trimmings materials in the automated Collection routes, as described in Attachment N. This protocol is consistent with SB 1383 route review requirements. On July 1, 2023 Contractor shall continue to record Contamination on an annual basis by conducting a Route Review audit for prohibited Container contaminants in a manner that results in all hauler
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automated Collection routes being reviewed annually to meet the minimum 2% of all SingleFamily households. Containers shall be randomly selected along a hauler route as described in Attachment N.
When Contractor finds a household that is not participating, Contractor shall leave, or direct mail, the household education materials describing the programs and how to participate. When Contractor finds Contamination (as listed in Section 5.8 of this Attachment B) Contractor shall alert the Customer by leaving a hang-tag and by leaving public education materials concerning the acceptable materials for the program.
Contractor shall submit a written audit report on both participation and Contamination to the City quarterly October, 2022 and every quarter thereafter throughout the Term. The report will summarize the results of the monitoring program, the number of households monitored, and the number of non-participants and Contamination incidents for each 12-month period. Per the regulatory requirements of SB 1383, Contractor shall provide a list of contaminated accounts as recorded during the annual Route Review where Contractor has randomly observed a minimum of two percent (2%) of all Single-Family households in the City and noted Contamination levels in the MSW, Single Stream Recyclables, and Co-Collected Food Scraps and Yard Trimming materials in the automated Collection routes as described in Attachment N.
2.02.5 Gated Developments
The Contractor shall provide the basic level of services as described in Section 2.1 to gated developments as directed by the Homeowners Association (HOA) or Property Manager, provided that MSW is Collected at a minimum of once per week, unless the MSW frequency of Collection is adjusted by the SB 1383 Regulations. The HOA or Property Manager may change, once in a twelve-month period, the location and/or frequency of Collection of the basic level of services as described in Section 2.1, and/or the method of billing.
Residential Customers that are included in a central or master-billing arrangement by a HOA or Property Manager may not suspend service for any period of time.
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2.02.6 Mobile Home Parks
The Contractor shall provide the same MSW, Recyclable Materials and Food Scraps and Yard Trimmings Collection services to Mobile Home Parks as those provided to Single-Family Customers as described in Section 2.1.
If a Mobile Home Park Homeowners Association (HOA) or Property Manager requests commercial Bin service instead of individual wheeled Cart services at each mobile home, Contractor shall provide the same sizes of Containers and the same levels of service as those for Multi-Family Premises as described in Section 2.02.8.
Customers that are included in a central or master-billing arrangement by an HOA or Property Manager may not suspend service for any period of time.
2.02.7 Stable Bedding and Manure
The Contractor shall provide weekly Collection of Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure placed in green (Yard Trimmings) ninety (90) gallon Carts at Residential Premises at no additional charge. Carts for Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure shall count as part of the three (3) Carts that residents will be provided for Food Scraps and Yard Trimmings and Stable Bedding and Manure at no additional charge as described in Section 1.04.1. If requested by a Residential Customer, Contractor shall provide additional Cart(s) (above and beyond the three (3) Carts described in this Section) as needed and shall provide weekly Collection of Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure at the fees listed in Attachment D.
Contractor will provide weekly Collection of Stable Bedding and Manure placed in three (3) cubic yard Bins at the rates and frequencies as established in D.
All of Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure shall be Collected and delivered to the City-designated Compost Facility for Composting as described in Attachment R.
Contractor shall maintain a list of all Customers that have subscribed to (1) Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure Collection service and (2) three (3) cubic yard Bin service, including Customer name, address, number and type of Containers
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provided and frequency of service. Contractor shall submit the list to the City on a monthly basis as described in Attachment K.
2.02.8 Multi-Family MSW, Recyclable Materials and Food Scraps and Yard Trimmings Service
Contractor shall provide the Carts and Bins specified in Section 1.04.3 to Multi-Family complexes for storage and Collection of MSW at the rates established in Attachment D.
In addition, Contractor shall provide Collection of Commingled Recyclable Materials to one hundred percent (100%) of such units, Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Section 1.04.3 and in Attachment D) for Collection of Commingled Recyclables.
Contractor shall Collect Commingled Recyclable Materials in a vehicle collecting solely Commingled Recyclable Materials to prevent Contamination of said materials. Contractor shall process Commingled Recyclable Materials at a Clean MRF, as identified in Attachment Q, and arrange for sale of the Recyclable Materials. The cost for Collection of Commingled Recyclables shall be less than the rate for MSW Multi-Family Collection service. If the Customer refuses Commingled Recycling service, Contractor shall send a brief questionnaire to the Property Manager and/or property owner. The questionnaire shall include at a minimum: property name, property address, contact name, contact phone number, current levels of MSW Collection service, brief description of City Recycling requirements and compliance with SB 1383. City shall approve questionnaire prior to distribution. Contractor shall keep a copy of the completed questionnaires on file and send a copy to the City. The City and/or the Recycling Coordinator will contact the Property Manager or owner who refused Recycling service to determine if the objections of the manager or owner can be resolved. If the Customer continues to refuse the required SB 1383 program the Contractor will notify the City through Attachment K and the City shall utilize its Mandatory Recycling Ordinance procedures.
State law requires the City to provide a Food Scraps program to Collect Food Scraps from all Multi-Family complexes on or before January 1, 2022. On July 1, 2022 Contractor shall begin implementing the Source Separated Food Scraps Collection program at Multi-Family complexes in City and be completed by December 31, 2022. Contractor shall charge the rates for the MultiFamily Food Scraps program set forth in Attachment D.
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Section 2.02.9, of this Attachment B, lists the implementation steps required of the Contractor to have a “Fully Implemented” Source Separated Multi-Family Food Scraps Collection program.
Contractor shall implement the Source Separated Food Scraps Collection program at all MultiFamily complexes in City. Contractor shall provide the appropriate number of appropriately-sized Containers, as listed in Section 1.04.3 of this Attachment B, to each Multi-Family complex for Collection and storage of all Food Scraps. Customers who refuse service will be referred to the City through Attachment K and the City shall utilize its Mandatory Recycling Ordinance procedures.
Contractor shall prepare and distribute public education materials, customized to Multi-Family tenants and complexes. When a property requests or accepts a Food Scraps Recycling program, Contractor shall go door-to-door to provide each unit with public education materials and discuss the new Food Scraps program with each tenant. Contractor shall make every effort to schedule such visits to tenants on days and at times when tenants are most likely to be home and not at work (e.g., weekends and early on weekday evenings). Public education materials shall include a diagram showing the location(s) of Food Scraps Containers where tenants will deposit Food Scraps. Public Education materials shall be submitted to City for approval a minimum of thirty (30) days prior to printing and distribution. Contractor shall provide answers to tenant and MultiFamily complex managers’ questions and shall also provide a method for tenants and MultiFamily complex owners, managers and staff to ask and receive answers to follow-up questions about the program via telephone, e-mail or text, social media and Contractor’s web site.
Contractor shall Collect all Food Scraps from Multi-Family complexes at least once per week, and more frequently as required to prevent odor, overflow of Food Scraps from Containers, and lack of available space for Food Scraps in Containers at each complex. Contractor shall Collect all Food Scraps in a separate Collection vehicle that Collects only Source Separated Food Scraps and shall process the Collected material at the City-approved Food Scraps Processing Facility listed in Attachment R and Article 5 of the Contract.
Contractor shall make available Containers for Food Scraps in the types and sizes as specified in Section 1.03.4. which shall be used for the storage and Collection of Food Scraps in the solid waste and Recycling enclosure(s) or other area designated by the owner/manager of the MultiFamily complex.
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During the Term, if additional Multi-Family complexes are constructed and occupied within City, Contractor shall Fully Implement a Source Separated Food Scraps Collection Program at each new complex within thirty days of issuance of the Certificate of Occupancy by the City.
Annually, beginning January 1, 2023, Contractor’s Recycling Coordinator shall develop and submit service proposals, as described in Section 2.02.9, to all Multi-Family properties that do not have Food Scraps Recycling Service.
2.02.9 Implementation of SB 1383 Compliant Multi-Family Diversion Programs for Recyclable Materials and Food Scraps.
Contractor shall provide the Collection of Recyclable Materials and Food Scraps and Yard Trimmings to all Multi-Family Premises subject to SB 1383 Regulations. At the direction of the City, Contractor shall include Food Soiled Paper products such as paper napkins and paper towels.
Contractor shall provide participating Customers with the Carts and Bins specified in Section
1.04.3 for the segregation and storage and Collection of Food Scraps at the rates in Attachment D.
Contractor shall deliver the Collected Food Scraps to the City-designated Processing Facility for composting identified in Attachment R. Customers shall be charged the rates as set forth in Attachment D for the Food Scraps Collection and Processing service.
A Food Scraps Diversion Program at a Multi-Family Premises will be considered Fully Implemented if Contractor has completed all the tasks described in this Section 2.02.9 items “i” through “x” of this Attachment B, and if the Fully Implemented program is observed to be in full and successful operation during the audit by City. At the one-year anniversary of the program implementation, Contractor shall perform task listed in this Section 2.02.9, item “xi”. City will monitor program results and will also perform audits to determine Contractor’s compliance with the requirements of this Section.
In the event that a Multi-Family Premise(s) refuses the Diversion Program, Contractor shall refer the non-compliant Customer to the City as described in item “xii”. If the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City
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will refer the Customer back to Contractor for implementation of the program(s). Contractor shall perform all tasks “i” though “xi” to Fully Implement a Diversion Program at the Premise(s).
In the event that Contractor fails to report to City that a Multi-Family Premises has not been Fully Implemented, or the City finds in its audit of Fully Implemented Diversion Programs a non-Fully Compliant Premises, then the City will provide Contractor thirty (30) days to Fully Implement the Premises as described in item “xiii”.
Contractor shall be found to have Fully Implemented SB 1383 Diversion Program, including but not limited to Food Scraps and Yard Trimmings Collection at a Multi-Family complex, only if all of the following have been completed by Contractor:
(i) Contractor has contacted the Authorized Customer Representative (for purposes of this section the “Authorized Customer Representative” is the owner or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decision-making, the management Person with decision-making authority.
In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority) and explained the requirements in the Act for the Customer to have in place specified Recycling and Diversion Program(s) as of the date(s) applicable to that Customer. Contractor has also explained the requirements of City’s Municipal Code and Mandatory Recycling Ordinance. Contractor contact includes calls, emails and at a minimum, one in person site-visit. If the Authorized Customer Representative refuses to implement a program Contractor shall immediately notify City. Upon receiving the Contractor’s written notification of refusal, City will send a letter to the Authorized Customer Representative explaining the mandatory requirement of program implementation.
(ii) Contractor has estimated the quantities of MSW, Recyclable Materials, and Food Scraps and any other Divertable Materials generated by the Customer; has calculated the appropriate size of Containers required for storage; has calculated the recommended frequency of service to optimize
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cost for the Customer; has prepared a written plan containing estimated costs and recommended levels of service; and has submitted the plan to the Customer. Contractor has discussed the plan with the Customer and obtained the Customer’s approval to implement a finalized Diversion Program plan. If Customer refuses to implement Contractor’s written plan Contractor shall document the refusal and report the Customer to the City as a non-compliant Customer.
(iii) If the Customer is already Diverting materials using an in-house program, backhauling, on site processing or use of another vendor, Contractor has notified City so City can obtain a completed and signed “Self-Certification Form” for that program. Contractor shall record the information on the “Red/Green Tracking Spreadsheet.” If the Customer is using a landscaping company to haul away Yard Trimmings/Wood, Contractor has notified City so City can obtain a completed and signed “Landscaper Self-Certification Diversion Form for Yard Trimmings/Wood” at that Premises. At the direction of City, Contractor has recorded the information on the “Red/Green Tracking Spreadsheet.” If such program(s) only Divert(s) some materials and other Divertable Materials are not covered by the Customer’s own program(s) or third-party program(s), Contractor has developed a plan for Diversion of the remaining materials in accordance with the requirements of this Attachment B.
(iv) Contractor has provided the appropriate type(s) and size(s) of Containers for storage and Collection of Food Scraps.
(v) Contractor is Collecting the Food Scraps from the Customer’s Containers at the frequency of Collection needed to adequately service the Customer and, at a minimum, is performing Collection of Recyclable Materials at least once each week. Contractor is Collecting the Food Scraps one (1) to six (6) times each week as needed to adequately provide service to the Customer.
(vi) Contractor has evaluated the level of the Customer’s MSW Collection service and adjusted as necessary to maximize customer savings, to complement the separate Collection of Food Scraps. Contractor has
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checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer.
(vii) Contractor has provided employee education and training materials to the Customer (and in the case of Multi-Family complexes, gated communities, HOA’s and Mobile Home Parks, to all management and residents) explaining (a) the requirements of the Act, (b) the operation of each Diversion program and (c) specifically what materials may be placed in the Food Scraps Containers and what materials are to be placed in the MSW Container(s). Employee/resident training shall include at least one on-site training for all employees/tenants/residents of Customer. In the case of the Food Scraps program at Multi-Family complexes, Contractor shall provide at least one on-site training for residents for complexes of over fifteen (15) units and for smaller complexes if requested by the owner/manager.
Contractor shall provide training materials to use both inside and outside, showing what materials are accepted in the program. Contractor shall provide training and training materials in both English and Spanish and another language as requested by Customer and if necessary, to support program implementation. Where a Customer has employees involved in tasks that are handling MSW and/or Divertable Materials, that speak a language other than English and more than 20% of the residents speak a language other than English, Contractor shall provide or utilize other resources available such as City or contractor’s personnel or instructional videos to conduct a training session for those employees and residents in the language they speak and provide program signage and training handouts in that language as necessary to support program implementation.
(viii) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation. (These site visits are in addition to the site checks to confirm MSW quantities and optimization of MSW service described in item vii above).
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Contractor has responded to and successfully resolved the Customer’s questions and any complaints.
(ix) The Diversion Program(s) at the Premises of the Customer has been in place and operating continuously for a minimum of three (3) months from the inception date of the program implementation. (For example, a program that was implemented in December 2022, would need a verification of continuous operation no later than April 1, 2023.)
(x) Within ninety (90) days after implementation of each Diversion Program (For example, a program that was implemented in December 2022, would need a visual inspection Contamination levels no later than April 1, 2023) at the Premises of the Customer, Contractor shall ensure that the program is operating effectively such that upon visual observation, the MSW Container(s) at the Premises contain no more than estimated twenty percent (20%) Recyclable Materials and Food Scraps (combined), and the Recyclable Materials Container(s) contain no more than estimated ten percent (10%) MSW and Food Scraps, combined (if the Customer generates Food Scraps). If the Premises is participating in the Source Separated Commercial Food Scraps Collection program, the Food Scraps Container(s) shall contain no more than estimated ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Multi-Family owner(s), manager(s) and employees as needed to re-train, troubleshoot and otherwise provide technical assistance to ensure the standards are being met. If customer continually produces Recyclable Materials that are Contaminated, or if MSW containers are continually contaminated with Recyclables or Organic Materials, Contractor shall report to the City through Attachment K. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained.
(xi) Contractor has conducted a minimum of one (1) annual on-site review of the Recycling plan and of each Diversion Program at each Multi-Family Customer, and has conducted a re-training for all employees, residents, and tenants (that meets all of the requirements listed for the initial training required under item viii above). Contractor has conducted troubleshooting
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for each Diversion Program and each Diversion Program is successfully Diverting the targeted materials within the Contamination limits identified in item “x” above.
(xii) In the event Contractor has taken all required actions and completed all required tasks in subparts “i” through “xi”, and the program(s) is still not meeting the participation and Contamination performance standards, the non-compliant Customer shall be reported to City on the “Red/Green Tracking Spreadsheet” and on the list described in Attachment K, Monthly Reports. City will work with the Multi-Family Customer to the full extent of state and local law. City will, in its sole discretion, enforce its Mandatory Recycling Ordinance, which may include warnings to the Customer and ultimately imposition of fine(s). If the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City will refer the Customer back to Contractor for implementation of the program(s) and Customer shall be removed from list of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” in Attachment K, Monthly Reports. If the Customer continues to refuse to implement one or more of the required programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to implement program(s) at that Customer.
In the event that Contractor fails to report to City that a Multi-Family Premises, has not been Fully Implemented then the City will provide Contractor thirty (30) days to Fully Implement the Premises. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained. After thirty (30) days from City notification, if Contractor has not Fully Implemented the Premise the City will assess the Liquidated Damage contained in Article 13.09(H) of the Contract.
SECTION 3 - COMMERCIAL AND BUSINESS ESTABLISHMENT SERVICES
3.1 Basic Level of Service
The basic level of service for Commercial and Business Establishments that shall be provided includes once weekly Collection of: (A) MSW provided by a vehicle designed for commercial
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Collection and (B) Collection of Single Stream Recyclable Materials, and (C) Collection of Food Scraps, and (D) Collection of Yard Trimmings as required by SB 1383. Contractor shall provide each of the service options for Collection of MSW, Recyclable Materials, and Food Scraps and Yard Trimmings as outlined in sections 3.2 – 3.9. Collection shall be accomplished in such a manner that the flow of traffic shall not be impeded nor a threat to the public health or safety created.
Contractor shall provide the following Collection services for Commercial and Business Establishments:
3.2 MSW Collection
Contractor shall provide MSW Collection services as follows: (i) regularly scheduled weekly routine MSW Collection service; and (ii) as-needed on-call Collection for Roll Off Boxes and Compactors and (iii) additional pick-ups. On-call and additional pick-up requests may be made by Customer, authorized agent or representative of Customer, or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within 24 hours of receiving a request and shall charge the rates as established in Attachment D for on-call pickups and additional pickups.
Contractor shall provide the Carts and Bins specified in Section 1.04.3 to Commercial and Business Establishments for storage and Collection of MSW at the rates in Attachment D.
Customers may, at any time, adjust the frequency of Collections and/or the number of Containers for all types of Containers for the storage and Collection of MSW.
3.3 Recyclable Materials Collection.
3.03.1 Commingled Recyclable Materials
Contractor shall provide Collection of all the Commingled Divertable Materials as listed in this Attachment’s Table 1 Section 5.8 to all Commercial and Business Establishments. Contractor shall provide the Carts and Bins specified in Section 1.04.3 to said establishments for storage and Collection of Recyclable Materials at the rates in Attachment D.
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Contractor shall Collect Commingled Divertable Materials in a vehicle Collecting solely Commingled Divertable Materials to prevent Contamination of said materials. Contractor shall process Commingled Recyclable Materials at a Clean MRF and arrange for sale of the Recyclable Materials. The rate for Collection of Commingled Recyclable Materials shall be less than the rate for MSW Collection.
If the Customer refuses Commingled Recycling services, Contractor shall follow the procedures described in Section 3.03.4 below.
3.03.2 Source Separated Recyclable Materials (Single-Material Recyclables) Contractor shall offer, as directed by the City, Source Separated Collection for cardboard, office paper, metal, Wood, concrete, containers only, pallets, glass and baled Recyclable Materials.
Source Separated Recyclable Materials will be Collected by the Contractor at the rates set forth in Attachment D. Contractor shall deliver all Source Separated Recyclable Materials to a Clean MRF for processing and sale. The rate for Collection of Source Separated Recyclable Materials shall be less than the rate for MSW Collection.
3.03.3 Glass Recycling Program
Contractor shall Collect Source Separated glass from Commercial and Business Establishments free of charge to existing Customers and to new Customers. Contractor will continue to provide this service to Commercial and Business Establishments with current glass Recycling Carts upon inception of Contract operations. This includes glass that is separated from MSW and from other Recyclable Materials. The glass need not be color-sorted by the business; the glass colors may be mixed together and placed for Collection in brown thirty-five (35) gallon, and/or sixty (60) gallon, and/or ninety (90) gallon Carts. Contractor shall transport the glass to a Clean MRF for processing and sale.
Contractor shall maintain a list of all Customers that have subscribed to glass Recycling service, including Customer name, address, number, and type of Containers provided and frequency of service. Contractor shall submit the list on a monthly basis as stated in Attachment K.
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3.03.4 Implementation of SB 1383 Compliant Commercial Diversion Programs for Recyclable Materials and Food Scraps.
Contractor shall provide the Collection of Recyclable Materials and Food Scraps to all Commercial and Business Premises subject to SB 1383 Regulations. At the direction of the City, Contractor shall include Food Soiled Paper products such as paper napkins and paper towels.
Contractor shall provide participating Customers with the Carts and Bins specified in Section
1.04.3 for the segregation and storage and Collection of Food Scraps at the rates in Attachment D.
Contractor shall deliver the Collected Food Scraps to the City-designated Processing Facility for composting identified in Attachment R. Customers shall be charged the rates as set forth in Attachment D for the Food Scraps Collection and processing service.
A Food Scraps Collection Diversion Program at Commercial and Business Establishments will be considered Fully Implemented if Contractor has completed all the tasks described in this Section
3.03.4 items “i” through “x” of this Attachment B, and if the Fully Implemented program is observed to be in full and successful operation during the audit by City. At the one-year anniversary of the program implementation, Contractor shall perform task listed in this Section 3.03.4, item “xi”. City will monitor program results and will also perform audits to determine Contractor’s compliance with the requirements of this Section.
In the event that a Commercial Premise(s) refuses the Diversion Program, Contractor shall refer the non-compliant Customer to the City as described in item “xii”. If the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City will refer the Customer back to Contractor for implementation of the program(s). Contractor shall perform all tasks “i” though “xi” to Fully Implement a Diversion Program at the Premise(s).
In the event that Contractor fails to report to City that a Commercial and Business Establishment Premises, has not been Fully Implemented, or the City finds in its audits of Fully Implemented Diversion Programs a non-Fully Compliant Premises, then the City will provide Contractor thirty (30) days to Fully Implement the Premises as described in item “xiii”.
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