Notes for Figure 6H-28—Typical Application 28
Sidewalk Detour or Diversion
Standard:
1. When crosswalks or other pedestrian facilities are closed or relocated, temporary facilities shall be detectable and shall include accessibility features consistent with the features present in the existing pedestrian facility.
Guidance:
2. Where high speeds are anticipated, a temporary traffic barrier and, if necessary, a crash cushion should be used to separate the temporary sidewalks from vehicular traffic.
3. Audible information devices should be considered where midblock closings and changed crosswalk areas cause inadequate communication to be provided to pedestrians who have visual disabilities.
Option:
4. Street lighting may be considered.
5. Only the TTC devices related to pedestrians are shown. Other devices, such as lane closure signing or ROAD NARROWS signs, may be used to control vehicular traffic.
6. For nighttime closures, Type A Flashing warning lights may be used on barricades that support signs and close sidewalks.
7. Type C Steady-Burn or Type D 360-degree Steady-Burn warning lights may be used on channelizing devices separating the temporary sidewalks from vehicular traffic flow.
8. Signs, such as KEEP RIGHT (LEFT), may be placed along a temporary sidewalk to guide or direct pedestrians.
September 5, 2023, Reg. CC Mtg., Page #226
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 6H – Typical Applications November 7, 2014
Part 6 – Temporary Traffic Control
September 5, 2023, Reg. CC Mtg., Page #227
12" TRENCH WIDTH
24" MIN 12"
SAWCUT
6 "
VARIES
12 " NO. 12 INSULATED
CAP WIRE TAPED TO PVC PIPE
2" WIDE WATER LINE
WARNING TAPE
3 4
2 1
3 EXISTING ASPHALT
CONCRETE
6 5
1" THICKER THAN EXISTING MIN.
6 " 6 "
6 "
NOTES:
CONSTRUCT NEW CRUSHED AGGREGATE BASE (CAB) OR CRUSHED MISCELLANEOUS BASE (CMB), SHALL MATCH THE EXISTING BASE THICKNESS, OR 6-INCHES, WHICHEVER IS GREATER AND SHALL BE COMPACTED TO 95% RELATIVE DENSITY. THIS REQUIREMENT SHALL ALSO APPLY OVER SLURRY BACKFILLS UNLESS OTHERWISE APPROVED BY THE ENGINEER.
BACKFILL SHALL BE EITHER:
A. CRUSHED AGGREGATE BASE
B. CRUSHED MISCELLANEOUS BASE
C. TWO SACK CEMENT SAND SLURRY
COMPACTION TO 90% RELATIVE DENSITY WHEN SLURRY BACK FILL IS NOT USED. COMPACTION TESTING (USING CITY APPROVED METHOD) IS REQUIRED UNLESS SLURRY IS USED. ASPHALT CONCRETE PAVING WILL OCCUR NO SOONER THAN 42 HOURS AFTER SLURRY BACKFILL OF TRENCH.
BACKFILL FOR NARROW TRENCHES PER SECTION 306-12.2 OF THE LATEST EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ("GREENBOOK")
SOIL TESTING MAY BE REQUIRED TO BE PROVIDED TO THE CITY INSPECTOR ON A CASE-BY-CASE BASIS.
FINE SAND BEDDING HAND TAMP OR MECHANICAL TAMPING AT 12" MAX LIFTS.
CONSTRUCT NEW ASPHALT CONCRETE BASE COURSE, TYPE B, PG 64-10, 1" THICKER THAN EXISTING SECTION.
CONSTRUCT NEW ASPHALT CONCRETE WEARING COURSE, TYPE C2, PG 64-10 THE TOTAL THICKNESS OF 4 + 5 SHALL BE 6" MINIMUM. ASPHALT CONCRETE LAYERS SHALL BE COMPACTED TO 95% RELATIVE COMPACTION UPON COMPLETION OF BACKFILLING THE TRENCH, ASPHALT CONCRETE BASE COURSE SHALL BE INSTALLED FLUSH WITH THE EXISTING PAVEMENT. NO SOONER THAN 14 CALENDAR DAYS AFTER COMPLETION OF AFOREMENTIONED ASPHALT CONCRETE BASE COURSE IT SHALL BE COLD PLANED TO 2 INCH DEPTH ENTIRE LENGTH OF THE TRENCH UNLESS OTHERWISE APPROVED BY THE CITY INSPECTOR. A NEW ASPHALT CONCRETE WEARING COURSE SHALL BE INSTALLED FLUSH WITH THE ADJACENT SURFACE.
ALL UTILITIES TO BE INSTALLED BENEATH PUBLIC STREETS, INTERSECTIONS, AND STREET CROSSINGS (LOCAL STREETS EXCEPTED) SHALL BE BORED UNLESS OTHERWISE APPROVED BY THE CITY INSPECTOR. IF OPEN CUTTING OF A STREET IS ALLOWED, REPAIR OF THE STREET SHALL BE IN ACCORDANCE WITH THIS STANDARD PLAN.
ALL TRAFFIC STRIPING AND/OR MARKINGS REMOVED BY THE RESTORATION WORK SHALL BE REPLACED.
ALL WORK SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ("GREENBOOK").
IF UNSTABLE SOIL IS ENCOUNTERED, THE CITY INSPECTOR SHALL DETERMINE OVER EXCAVATION DEPTH AND FOUNDATION RE-FILL MATERIAL PER CITY DIRECTION.
1 2
3 4
5 6
7 8
9 W-100
Scale: N.T.S.
WATER MAIN TRENCH DETAIL
Drawn:
Date:
DRAWING NO.
APPROVED:
Mark McAvoy, P.E. CITY OF LOMITA Director of Public Works PUBLIC WORKS DEPARTMENT JAN 2017 42" MIN. 54" ~ 60" AVG. DEPTH PIPE ZONE BEDDING TRENCH BACKFILL ZONE BASE 10 September 5, 2023, Reg. CC Mtg., Page #228
September 5, 2023, Reg. CC Mtg., Page #229
September 5, 2023, Reg. CC Mtg., Page #230
September 5, 2023, Reg. CC Mtg., Page #231
September 5, 2023, Reg. CC Mtg., Page #232
September 5, 2023, Reg. CC Mtg., Page #233
September 5, 2023, Reg. CC Mtg., Page #234
September 5, 2023, Reg. CC Mtg., Page #235
BACK1:-ILL
" . ',' ',: ... :' . " .- ~. I ,
:- ~I - , ., .. '
,~ . '". ;. ' .,' '" N .) ,.'.
W
Z
0 N
W
0....
0....
to
_._~ INSTALL BLUE WARNING TAPE
READINC '\,vATil:;Z L..INI::" BEL..OW"
(CENT[RLD OVER PIPE)
~-_ ~.-WA I'I~ MAIN
MIL POLYETHYLENE WRAP
-1----- OENSIFIED SAND ulNG
I'l.',..---- 8
(SEE. NOTES 1, 2 & 3)
6" 6"
NOTES:
1. SAND BEDD!NG SI-IALL CONiORM TO
or TI,I ST/\NDARD SPECIFICATIONS FOR
(LATEST EDITION).
2. DENSIFICATION OF BEDDING SHALL BE'
WITH 306-1.2.1 or HE STANDARD
CONSTRUCTION (LATEST EDiTION).
3. !-3[DDING SHALL BE COMI::lACTED TO
STRUCTUf~ES AND 90% EL.SEWHERE.
ACCOt..1PANYI C TO'S W-.~OO AND ST- 116
------CITY OF LOMITA _ __.._PUBLIC
Dt~IT I -::;UFD
SEPT 1, 2007 BEDDING FOR
DRAWN BY: 'M::NOELL E. JOHNSON, SHIVOEV S. 8RAR CITY ENGINEER A : CERllFICAliON 'NO. C 66340 AUG 1~ 2007 SECTIONS 200-1.5.3 AND 200-1.5.5
PUB IC WORKS CONSTRUCTION
ACCOMPLISHED IN CONFORMANCE
SPEC!FICATIOf-,JS FOR PUBLIC WORKS
95% OF MAXIMUM DENSiTY UNDER
_--_.-
WORKS DEPARTMENT _ __..-_._---,-
L
STANDARD NO.
WATER PIPE W-121
SHEET 1 OF 1
September 5, 2023, Reg. CC Mtg., Page #236
IflTM I DESCRIPTION
1 KUPF'E:RLE TRUFLO MODEL TF550 BLQI,II-OFF HYDRANT W/2" FIP INLET 2 2" ADAPTOR - 2''' MIP x SJ
3 2" COPPER TYPE K TUBING
4 2" FIP BALL VALVE - FORD B11-777 OR JONES J-1900
5 2" BRASS STREET ELBOW
6 VALVE BOX ASSE;MBLY (SEE W-150) MOD.
7 2" BRASS NIPPLE AS REQUI~ED
8 CONC. THRUST BLOCK PER W~140. W-142
9 PIPE SIZE C.1. M.J. CAP W/2" IP DRILLED & lAPPED HOLE 10 2" 90' ELBOW - COPPER TO COPPE;R SJxSJ
• DJ. PIPE
7 PLAN
CURB & GUTIER
- PE UP
PROFILE
\.... _..J
I
18"±
* WHERE THERE IS NO CURB, THE BLOW-OFF BOX
SHALL BE SET 5' CLEAR OF PROPERTY LINE.
ACCOMPANYING STD'S W-300. W-121, W-150, W-140 AND W-142
CITY OF LOMITA PUBLIC WORKS DEPARTMENT
DATE ISSUED
SEPT 1, 2007
WENDELL E. JOHNSON.
CITY ENGINEER
CERnnCAnON NO. C 66340
STANDARD NO.
W-124
SHEET 1 OF 1
September 5, 2023, Reg. CC Mtg., Page #237
September 5, 2023, Reg. CC Mtg., Page #238
September 5, 2023, Reg. CC Mtg., Page #239
September 5, 2023, Reg. CC Mtg., Page #240
September 5, 2023, Reg. CC Mtg., Page #241
September 5, 2023, Reg. CC Mtg., Page #242
September 5, 2023, Reg. CC Mtg., Page #243
September 5, 2023, Reg. CC Mtg., Page #244
September 5, 2023, Reg. CC Mtg., Page #245
September 5, 2023, Reg. CC Mtg., Page #246
PROJECT REQUIREMENTS
SHEET INDEX
PROJECT INFORMATION
LOCATION MAP
SITE PLAN
N.T.S.
N.T.S.
ARCHITECTURAL
ELECTRICAL
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
September 5, 2023, Reg. CC Mtg., Page #247
APPIAN WAY
SITE PLAN
-1
SHEET NOTES:
KEY NOTES:
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
September 5, 2023, Reg. CC Mtg., Page #248
ELECTRICAL SYMBOLS (NOT ALL SYMBOLS ARE APPLICABLE)
ELECTRICAL ABBREVIATIONS
GENERAL ELECTRICAL NOTES (NOT ALL NOTES APPLICABLE)
GROUNDING NOTES:
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
GROUNDING NOTES:
September 5, 2023, Reg. CC Mtg., Page #249
APPIAN WAY
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
GENERAL NOTES:
ELECTRICAL SITE PLAN
-1
September 5, 2023, Reg. CC Mtg., Page #250
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
GENERAL NOTES:
ELECTRICAL FLOOR PLAN
-1
KEY NOTES:
September 5, 2023, Reg. CC Mtg., Page #251
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
GENERAL NOTES:
KEY NOTES:
SINGLE LINE DIAGRAM
September 5, 2023, Reg. CC Mtg., Page #252
R
Know what'sbelow.
Call before you dig.
Southern California Office
18565 SOLEDAD CANYON RD SUITE #210
SANTA CLARITA, CA 91351
TELEPHONE: 949-224-1590
FACSIMILE: 949-269-7954
DETAIL NOTES:
TYPICAL CONDUIT RISER 2
-
CONDUIT THRU EXTERIOR WALL 3
CABINET MOUNTING DETAIL 1
- GENERATOR QUICK CONNECT
September 5, 2023, Reg. CC Mtg., Page #253
CITY OF LOMITA
24300 Narbonne Avenue
Lomita, CA 90717
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
STANDBY POWER GENERATOR AT APPIAN WAY
BID OPENING
AUGUST 17TH, 2023
1 :00 P.M.
6-15-2 .......... 0.;;..;...23 ____ ���---
Date
July 2023
Exhibit B
September 5, 2023, Reg. CC Mtg., Page #254
September 5, 2023, Reg. CC Mtg., Page #255
September 5, 2023, Reg. CC Mtg., Page #256
September 5, 2023, Reg. CC Mtg., Page #257
September 5, 2023, Reg. CC Mtg., Page #258
September 5, 2023, Reg. CC Mtg., Page #259
September 5, 2023, Reg. CC Mtg., Page #260
September 5, 2023, Reg. CC Mtg., Page #261
September 5, 2023, Reg. CC Mtg., Page #262
September 5, 2023, Reg. CC Mtg., Page #263
September 5, 2023, Reg. CC Mtg., Page #264
September 5, 2023, Reg. CC Mtg., Page #265
September 5, 2023, Reg. CC Mtg., Page #266
September 5, 2023, Reg. CC Mtg., Page #267
September 5, 2023, Reg. CC Mtg., Page #268
September 5, 2023, Reg. CC Mtg., Page #269
September 5, 2023, Reg. CC Mtg., Page #270
1 TO: City Council
FROM: Ryan Smoot, City Manager
THROUGH: Carla Dillion, Public Works Director
PREPARED BY: Joe Vida, Management Analyst
MEETING DATE: September 5, 2023
SUBJECT: Purchase of CASE Construction Tractor Loader Backhoes for Public Works Department
RECOMMENDATION
Authorize the City Manager to purchase two CASE construction tractor loader backhoes (Model # 580SV) for approximately $264,952.24.
BACKGROUND
The City’s Public Works Department currently owns two backhoes that are scheduled to be replaced in Fiscal Years (FYs) 24-25 and 25-26. One backhoe is used by the Water Systems Operation Division, while the other is used by the Streets/Trees/Parks Divisions.
Backhoes perform many different tasks, such as digging, small demolitions, moving materials, landscaping, breaking asphalt, and paving roads.
Staff is recommending accelerating the scheduled equipment replacement because one of the current backhoes has mechanical issues with its transmission. This is resulting in improper functionality and limited use. The current needed repairs are estimated at $18,000-$20,0000. Additionally, it has been increasingly difficult for staff to find vendors to bid on the repairs because the backhoe is 28 years old and becoming obsolete. Staff is recommending the procurement of two (2) tractor loader backhoes, model number 580SV, manufactured by CASE Construction.
Sourcewell is a government purchasing cooperative that maintains a database of awarded supplier contracts that were competitively solicitated, bid on, and awarded in a manner consistent with the requirements of the City’s purchasing policy. Utilizing Sourcewell provides the City with competitive pricing and saves staff time and the cost of a formal bidding process. The City has utilized Sourcewell in the past for purchases and Item No. 7h
CITY OF LOMITA
CITY COUNCIL REPORT
September 5, 2023, Reg. CC Mtg., Page #271
2 due to the multi-unit discount, staff recommends replacing both pieces of equipment now for the most cost-effective procurement.
The cost for backhoe #1 is $132,453.91, and $132,498.33 for backhoe #2, totaling $264,952.24. The slight variation is due to minor component equipment differences, and shipping/delivery costs from two separate locations. Without the multi-unit and cooperative purchasing discounts the costs would be $179,418.00 and $180,180.00 respectively, totaling $359,598.00. The quotes and specifications are attached as exhibits.
At the June 6, 2023, City Council meeting, the City Council appropriated funds to both the Water Capital Fund (Fund #520) and the Equipment Replacement Fund (Fund # 610).
This action was taken during Discussion and Consideration of Mid-Cycle Budget Amendments, item 8b. These funds are available for this use. Additionally, replacement of the 2013 Freightliner Dump Truck will be deferred from FY 24-25 to FY 25-26 to mitigate the expedited expenditure for the backhoes.
OPTIONS:
1. Approve staff recommendation.
2. Provide further direction.
FISCAL IMPACT
There are sufficient funds budgeted in the Water Capital Fund (Fund #520) and the Equipment Replacement Fund (Fund # 610) for the purchase of two tractor loader backhoes.
ATTACHMENTS
1. Exhibit A – Quote Backhoe #1
2. Exhibit B – Quote Backhoe #2
3. Exhibit C – 580SV Specifications
Reviewed by: Approved by:
______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
____________________________
Carla Dillon, P.E. Joe Vida
Public Works Director Management Analyst
September 5, 2023, Reg. CC Mtg., Page #272
Exhibit A
Exhibit A
September 5, 2023, Reg. CC Mtg., Page #273
September 5, 2023, Reg. CC Mtg., Page #274
Exhibit B
Exhibit B
September 5, 2023, Reg. CC Mtg., Page #275
September 5, 2023, Reg. CC Mtg., Page #276
September 5, 2023, Reg. CC Mtg., Page #277
ENGINE
Model FPT F5BFL413B*B
Emissions Certification Tier 4 Final
Type Diesel 4-stroke, Turbocharged
Cylinders 4
Bore/Stroke 3.90 x 4.33 in
(99 x 110 mm)
Displacement 207 in3 (3.4 L)
Fuel injection Direct, high pressure
common rail – HPCR
Fuel Diesel
Engine speeds* RPM
Rated speed – full load 2200
Low idle 900 – 1000
High idle – no load 2330 – 2430
Horsepower @ 2200 RPM:
Gross 97 hp (72 kW)
Net 95 hp (71 kW)
Maximum torque @ 1400 RPM:
Gross 334 lb·ft (453 N·m)
Net 333 lb·ft (452 N·m)
Torque rise at rated speed 45% +/- 5%
Radiator:
Core type Square wave
Core size area 486 in2 (3 145 cm2)
Rows of tubes 4
39° fan:
Style 9 blade suction
Diameter 19.65 in (499 mm)
Ratio** 1.4:1
Pump operating angle ratings:
Side to side Rated 35°
Fore and aft Rated 35°
Oil filtration Replaceable,
full flow cartridge
NOTE: *Engine speeds w/ standard transmission.
Meets federal emission regulations.
**Viscous fan.
DRIVETRAIN
Transmission – standard:
4F-4R Power Shuttle Synchromesh Transmission
manual gear shift, fully synchronized
Specifications below apply to the Power Shuttle
transmission.
Gear ratios Forward/Reverse
1st 5.603/4.643
2nd 3.481/2.884
3rd 1.584/1.313
4th 0.793/0.657
Travel speeds – Standard Power Shuttle
Transmission Forward Reverse
mph (kph) mph (kph)
1st 3.4 (5.5) 4.1 (6.6)
2nd 5.5 (8.9) 6.6 (10.7)
3rd 11.8 (19) 14.2 (22.8)
4th 22.5 (36.2) 27 (43.4)
Transmission – optional:
Powershift H-Type, 4F-3R hydraulic clutch
shifting w/ auto shift mode
Gear ratios Forward/Reverse
1st 5.533/4.549
2nd 3.359/2.762
3rd 1.533/1.260
4th 0.811/—
Travel speeds – Optional H-Type Powershift
Transmission:
Forward Reverse
mph (kph) mph (kph)
1st 3.5 (5.6) 4.2 (6.7)
2nd 5.7 (9.1) 6.8 (10.9)
3rd 12.1 (19.4) 14.5 (23.3)
4th 22.1 (35.5) —
Torque converter ratio 2.38
Differential-lock:
On-the-go push-button activation
Front/Rear axle:
Differential ratio 2.29/2.75
Planetary hub ratio 6.0/6.4
Total reduction ratio 13.7/17.6
Service brakes:
Individually applied, power assisted,
hydraulically actuated, maintenance-free,
self-adjusting, outboard mounted, wet disc,
2 per side.
Total disc area 384 in2 (0.25 m2)
Parking brakes Trans Mounted
spring-applied hydraulic release – SAHR
NOTE: Travel speeds w/ 19.5 L x 24.0 tires.
ELECTRICAL
Voltage 12 Volts, negative ground
Alternator 160 amp
Single Battery 900 amp
Power plugs – 1 20 amp
OPERATOR ENVIRONMENT
ROPS/FOPS certified protective cab; 2 door w/
heat, A/C, defroster, floor mat, Bluetooth radio,
front and rear wiper; Interior rearview convex
mirror; Mechanical suspension deluxe seat; 2 in
(50 mm) retractable seat belt; Cup holder and
storage trays positioned on the right side; and
enclosed storage compartment on left side.
Gauges:
Engine water temperature; Converter oil
temperature; Fuel level; Tachometer/
hourmeter; DEF level.
Warning lights:
Air cleaner restriction; Alternator; A/C high
pressure; Cold start; Engine oil pressure;
Hydraulic oil filter bypass; Parking brake
engagement; Low fuel; Water in fuel; Low DEF.
Audible alarms w/ diagnostics:
Coolant temperature; Engine oil pressure;
Parking brake engagement; Converter oil
temperature; Shuttle engagement/seat
position; Backup alarm; Low DEF.
Horn Dual switched front and rear
OPERATING WEIGHT
Configuration 1:
Cab, HVAC, 14’ standard backhoe, standard
loader bucket with cutting edge, large
counterweight, 24’’ HD backhoe bucket, Front
Wheels 14 x 17.5 Rear Wheels 21L x 24, ride
control and operator.
18,695 lb (8 480 kg)
Configuration 2:
Cab, HVAC, 15’ Extendahoe backhoe, standard
loader bucket with cutting edge, medium
counterweight, 24’’ HD backhoe bucket, Front
Wheels 14 x 17.5, Rear Wheels 21L x 24, ride
control and operator.
19,709 lb (8 940 kg)
580SV
CONSTRUCTION KING TOOL CARRIER BACKHOE LOADER
TIER 4 FINAL CERTIFIED
1 of 6
Exhibit C
Exhibit C
September 5, 2023, Reg. CC Mtg., Page #278
HYDRAULICS
Pump:
Sauer Danfoss Variable Displacement Axial
Piston Pump
Flow Ratings 43.6 gpm @ 2,973 psi
(165 L/min @ 205 bar)
Main relief pressure:
2,973 +/- 44 psi (205 +/- 3 bar)
Filtration:
7-micron, full flow replaceable cartridge on
return line, condition indicator light for filter.
Oil cooler Heavy-duty
Loader control valve:
Two or three spool sectional valve. The two
Spool valve has single lever control for lift and
tilt. The three spool valve has a pilot controlled
clam valve. The lift lever has positive hold “float”
position and “return to dig” feature. Valve is
post compensated with flow sharing. Valve
allows simultaneous operation of loader lift and
loader bucket.
Backhoe flow @ 2200 RPM:
Maximum backhoe flow for 1-way hydraulics:
35.9 gpm @ 2,973 psi
(136 L/min @ 205 bar)
Pilot backhoe control valve:
Six, seven, or eight spool sectional closed
center control valve. Basic control valve is
closed center, w/ circuits in parallel w/ a postcompensated, flow sharing feature for simultaneous operation of all circuits.
1-way flow auxiliary hydraulics:
1-way flow hydraulic valve is equipped with a
variable flow feature adjustable at the valve.
Actuation:
Pilot controls – left-hand joystick/pedal.
2-way flow auxiliary hydraulics:
2-way flow hydraulic valve is equipped with a
variable flow feature adjustable at the valve
Actuation:
Left-hand joystick.
Combo auxiliary hydraulics:
Incorporates both a 1-way flow control valve
and a 2-way control valve, using only 2 hydraulic
lines through the boom.
Actuation:
Activate the 2-way flow switch located on
the rear console
Pilot controls – left-hand joystick
SERVICE CAPACITIES
Fuel tank 34.6 gal (131 L)
DEF tank 3.5 gal (13.2 L)
Hydraulic system:
Total 37 gal (142 L)
Transmission – total system:
4WD Standard 22 qt (20.8 L)
Standard front axle:
4WD Differential 1.7 gal (6.5 L)
Rear axle:
Differential and planetaries 5.6 gal (21.2 L)
Engine oil w/ filter 8.5 qt (8.0 L)
OTHER SPECIFICATIONS
Front tires:
14 L x 17.5, 10-ply rating
12.0 L x 16.5, 10-ply rating
12.5/80 x 18.0 10-ply rating
Rear tires:
19.5 L x 24.0, 10-ply rating
16.9 L x 28.0, 10-ply rating
21 L x 24.0, 10-ply rating
Turning radius: Curb to Curb:
4WD – disengaged*:
Turning Right 14 ft 7 in (4.44 m)
Turning Left 15 ft 5 in (4.70 m)
NOTE: *Turning radius dimensions curb to curb
w/ 12.5/80 x 18.0 front tires and 18.4 x 26.0
R4 rear tires.
2 of 6
LOADER BUCKET SIZES
Type Width Weight Struck Heaped Capacity
Heavy Duty Bucket with bolt-on edge 89 in (2.30 m) 1,042 lb (473 kg) 1.05 yd3 (0.80 m3) 1.30 yd3 (1.00 m3) 4 IN 1® Bucket with bolt-on edge 89 in (2.30 m) 1,721 lb* (781 kg) 1.05 yd3 (0.80 m3) 1.30 yd3 (1.00 m3) NOTE: *Weight of 4 IN 1® bucket includes cylinders and hoses.
BACKHOE BUCKET SIZES
Type Width Weight Heaped Capacity
Heavy Duty 12 in (305 mm) 245 lb (111 kg) 2.8 ft3 (0.08 m3) 18 in (457 mm) 302 lb (137 kg) 4.2 ft3 (0.12 m3)
24 in (610 mm) 348 lb (158 kg) 6.0 ft3 (0.17 m3)
30 in (762 mm) 388 lb (176 kg) 8.1 ft3 (0.23 m3)
36 in (914 mm) 439 lb (199 kg) 9.9 ft3 (0.28 m3)
High Capacity Bucket 24 in (610 mm) 388 lb (176 kg) 7.1 ft3 (0.20 m3) 580SV
September 5, 2023, Reg. CC Mtg., Page #279
LOADER DIMENSIONS
Heavy Duty Bucket 4 IN 1® Bucket
A. Overall operating height – fully raised 13 ft 11 in (4.25 m) 14 ft 5 in (4.38 m) Height to:
B. Bucket hinge pin fully raised 11 ft 1 in (3.38 m) 11 ft 1 in (3.38 m) C. Dump angle at full height 47° 47°
D. Dump clearance at full height, 45° dump:
Bucket 10 ft 7 in (3.22 m) 8 ft 4 in (2.55 m)
E. Dump reach at full height, 45° dump – from bumper:
Bucket 2 ft 9 in (829 mm) 2 ft 8 in (824 mm)
Bucket rollback:
F. @ Groundline 42° 42°
G. @ Full height 50° 50°
H. Digging depth below grade:
Bucket flat 5.0 in (120 mm) 8.6 in (219 mm)
I. Reach from front axle centerline – bucket on ground — 6 ft 10 in (2.07 m) Lift capacity to full height – calculated values 7,606 lb (3 450 kg) 7,044 lb (3 195 kg) Breakout force:
Lift cylinders 8,014 lbf (3 565 daN) 8,041 lbf (3 577 daN) Dump cylinders 14,711 lbf (6 544 daN) 14,950 lbf (6 650 daN) Raising time to full height 3.4 sec 3.4 sec
Bucket dumping time 2.3 sec 2.3 sec
Lowering time:
Power down 2.8 sec 2.8 sec
Clam:
Open time — 1.9 sec
Close time — 1.4 sec
NOTE: Loader dimensions taken with 4WD, 14 x 17.5 front tires and 16.9 L x 28.0 rear tires.
Line drawings are for illustrative purpose only and may not be exact representation of unit.
A
B
D
J
E
H
C
F
I N
L
G
M
K
DIMENSIONS
Center Pivot Backhoe Side Shift Backhoe
with 16.9 L x 28.0 tires with 16.9 L x 28.0 tires
J. Overall transport length:
Heavy Duty bucket 23 ft 7 in (7.19 m) 19 ft 3 in (5.87 m) Overall transport width 8 ft 2 in (2.48 m) 7 ft 10 in (2.39 m) Height:
K. To top of cab 9 ft 5 in (2.86 m) 9 ft 5 in (2.86 m)
L. Transport 13 ft 0 in (3.96 m) 12 ft 10 in (3.90 m)
M. Ground clearance at backhoe frame 13.4 in (341 mm) 11.3 in (286 m) Angle of departure 25° 20°
N. Wheelbase:
16.9 x 28.0 tires 7 ft 2 in (2.18 m) 7 ft 2 in (2.18 m) 580SV 3 of 6
September 5, 2023, Reg. CC Mtg., Page #280
CYLINDERS
Bore Diameter Rod Diameter Stroke Closed Length
Loader:
Lift – 2 3.54 in (90 mm) 1.97 in (50 mm) 28.62 in (727 mm) 40.94 in (1 040 mm) Dump – 2 3.25 in (82.6 mm) 1.75 in (44.5 mm) 30.59 in (777 mm) 40.16 in (1 020 mm) 4 IN 1® clam – 2 3.00 in (76.2 mm) 1.75 in (44.5 mm) 9.08 in (230.6 mm) 19.62 in (498.3 mm) Backhoe:
14 ft Boom 5.12 in (130 mm) 2.56 in (65 mm) 35.71 in (907 mm) 47.52 in (1 207 mm) 14 ft Dipperstick 4.92 in (125 mm) 2.56 in (65 mm) 27.60 in (701 mm) 39.72 in (1 009 mm) Bucket 3.54 in (90 mm) 2.56 in (65 mm) 30.00 in (762 mm) 42.24 in (1 073 mm) 14 ft Extendahoe® 2.95 in (75 mm) 1.77 in (45 mm) 41.34 in (1 050 mm) 55.12 in (1 400 mm) Swing – 2 4.33 in (110 mm) 1.97 in (50 mm) 9.40 in (238.5 mm) 5.40 in (137.1 mm) Stabilizer – 2 3.94 in (100 mm) 2.20 in (56 mm) 24.8 in (630 mm) 37.01 in (940 mm)
AXLE RATINGS
Rear Front – 4WD
Maximum static — 46,367 lbf (20 625 daN)
Dynamic operating 16,861 lbf (7 500 daN) 18,546 lbf (8 250 daN) Static operating 42,152 lbf (18 750 daN) 46,367 lbf (20 625 daN) Oscillation – front axle — 22° total – 11° side to side 580SV 4 of 6
September 5, 2023, Reg. CC Mtg., Page #281
BACKHOE LIFT CAPACITIES
In-Line Cylinder
Standard Backhoe
In-Line Cylinder Backhoe
with Extendahoe®
Retracted Extended
14 ft Backhoe 14 ft Backhoe 15 ft Backhoe 14 ft Backhoe 15 ft Backhoe Boom Lift Lift Capacity
lb (kg)
Lift Capacity
lb (kg)
Lift Capacity
lb (kg)
Lift Capacity
lb (kg)
Lift Capacity
lb (kg)
+16 ft (4.87 m) 3,574 (1 624) 3,055 (1 389) 3,168 (1 440) 1,844 (838) 2,409 (1 095) +14 ft (4.27 m) 4,023 (1 829) 3,516 (1 598) 3,729 (1 695) 2,513 (1 142) 2,607 (1 185) +12 ft (3.66 m) 4,139 (1 881) 3,597 (1 635) 3,828 (1 740) 2,582 (1 174) 2,673 (1 215) +10 ft (3.05 m) 4,069 (1 850) 3,539 (1 609) 3,784 (1 720) 2,594 (1 179) 2,706 (1 230) +8 ft (2.44 m) 3,954 (1 797) 3,424 (1 556) 3,454 (1 570) 2,571 (1 169) 2,673 (1 215) +6 ft (1.83 m) 3,816 (1 734) 3,309 (1 504) 3,245 (1 475) 2,536 (1 153) 2,563 (1 165) +4 ft (1.22 m) 3,689 (1 677) 3,193 (1 451) 3,135 (1 425) 2,490 (1 132) 2,497 (1 135) +2 ft (0.61 m) 3,574 (1 624) 3,078 (1 399) 3,080 (1 400) 2,455 (1 116) 2,464 (1 120) Ground Level 3,470 (1 577) 2,986 (1 357) 3,102 (1 410) 2,409 (1 095) 2,464 (1 120) -2 ft (0.61 m) 3,366 (1 530) 2,894 (1 315) 3,179 (1 445) 2,375 (1 079) 2,508 (1 140) -4 ft (1.22 m) 3,297 (1 499) 2,813 (1 279) 3,113 (1 415) 2,352 (1 069) 2,530 (1 150) -6 ft (1.83 m) 3,239 (1 472) 2,755 (1 252) 3,069 (1 395) 2,329 (1 058) 2,519 (1 145) -8 ft (2.44 m) 3,228 (1 467) 2,732 (1 242) 3,047 (1 385) 2,329 (1 058) 2,530 (1 150) -10 ft (3.05 m) 3,343 (1 520) 2,801 (1 273) 3,113 (1 415) 2,363 (1 074) 2,563 (1 165) -12 ft (3.66 m) 3,574 (1 624) 3,090 (1 404) 3,586 (1 630) 2,467 (1 121) 2,662 (1 210) -14 ft (4.27 m) — — — 2,859 (1 300) 2,915 (1 325)
Dipper Lift
+14 ft (4.27 m) — — — 3,613 (1 642) 3,388 (1 540)
+12 ft (3.66 m) 5,545 (2 520) 4,948 (2 249) 4,312 (1 960) 3,935 (1 789) 3,311 (1 505) +10 ft (3.05 m) 5,330 (2 423) 5,819 (2 645) 4,158 (1 890) 3,875 (1 762) 3,267 (1 485) +8 ft (2.44 m) 5,437 (2 472) 5,819 (2 645) 4,202 (1 910) 3,923 (1 783) 3,300 (1 500) +6 ft (1.83 m) 5,962 (2 710) 5,819 (2 645) 4,488 (2 040) 4,102 (1 864) 3,410 (1 550) +4 ft (1.22 m) — 5,819 (2 645) 5,324 (2 420) 4,495 (2 043) 3,685 (1 675) +2 ft (0.61 m) — — — 5,390 (2 450) 4,191 (1 905)
NOTE: Boom and Dipper Lift Capacities are rated per SAE J31 and are 87% of the maximum hydraulic lift force available with the specified options.
BACKHOE OPERATIONAL DATA
In-Line Cylinder In-Line Cylinder
14 ft Standard Backhoe 15 ft Backhoe with Extendahoe®
Retracted Extended
Digging depth:
Maximum 14 ft 5 in (4.40 m) 15 ft 1 in (4.60 m) 18 ft 6 in (5.63 m) 2 ft (610 mm) flat bottom 14 ft 3 in (4.34 m) 14 ft 11 in (4.55 m) 18 ft 4 in (5.58 m) 8 ft (2.44 m) flat bottom 13 ft 1 in (3.99 m) 13 ft 9 in (4.19 m) 17 ft 5 in (5.30 m) Overall reach from swing pivot 18 ft 7 in (5.66 m) 19 ft 5 in (5.91 m) 23 ft 0 in (7.00 m) Loading height 11 ft 9 in (3.57 m) 12 ft 1 in (3.68 m) 14 ft 2 in (4.32 m) Loading reach 6 ft 9 in (2.05 m) 7 ft 0 in (2.13 m) 9 ft 9 in (2.98 m) Swing arc 180° 180° 180°
Bucket rotation – speed hole 204° 204° 204°
Stabilizer spread – in up position 7 ft 6 in (2.30 m) 7 ft 6 in (2.30 m) 7 ft 6 in (2.30 m) Digging force:
Bucket cylinder – SAE rated 3,050 psi 12,933 lb (5 755 daN) 12,933 lb (5 755 daN) 12,933 lb (5 755 daN) Dipper cylinder – SAE rated 3,050 psi 8,588 lb (3 822 daN) 8,100 lb (3 605 daN) 5,782 lb (2 573 daN) NOTE: Lift capacities apply straight to the rear of prime mover. 4WD with 14 x 17.5 front tires, 16.9 x 28 rear tires, and equipped with 24 in (610 mm) heavy-duty bucket except as noted. 580SV 5 of 6
September 5, 2023, Reg. CC Mtg., Page #282
STANDARD EQUIPMENT
OPERATOR ENVIRONMENT
See page 1
ENGINE
FPT F5 diesel
Selective Catalytic Reduction – SCR
Full flow engine oil filter
Aspirated air cleaner – replaceable dual
element dry type with radial seal
Fuel filter with water trap
Radiator with de-aeration bottle
Antifreeze to -34° F (-37° C)
Electronic throttles – foot and rotary hand
Self-adjusting belt
High Pressure Common Rail computer
controlled injection with diagnostic features
ECO Power Mode
Auto Engine Idle
Auto Engine Shutdown
Auto Protection Shutdown
Electronic Fuel Priming
Glow Plugs
DRIVETRAIN
Power Shuttle 4F-4R synchromesh
transmission
Front axle:
4WD mechanically driven front axle with
14.0 L x 17.5 tires
Rear axle:
4WD heavy-duty outboard planetary
drive, with 16.9 L x 28.0 tires
Torque converter – 11.8 in (300 mm)
On-the-go electric 4WD control
Electric F/R shuttle control
Electric differential lock control, push-button
Park brake, spring-applied, hydraulic
release – SAHR
HYDRAULICS
Load Sensing Closed Center with Variable
Volume Pump
Heavy-duty hydraulic oil cooler
7-micron, spin on oil filter
LOADER
Tool carrier loader arms with self leveling in
both directions and return to dig; Single
lever 4-function loader control: lift, dump,
clutch cut-out, differential lock
BACKHOE
In-line cylinder curved boom backhoe design
Cleated dirt stabilizer pads (center pivot)
Mechanical Transport Lock
OTHER
Forward tilt engine hood
Front/Rear tie downs
Reflective logos
Signal Lights – cab and canopy:
2 rear tail/stop
2 front flashers/turn
2 rear flashers/turn
Working/Driving Lights – cab and canopy:
Adjustable halogen work lights – 55 W:
4 front
4 rear
Master disconnect switch and remote
jump-start terminals
Hydrostatic steering
Backup alarm
Vertical spin-on engine oil, fuel and
hydraulic filters
Tool Box
WARRANTY
1-Year/Unlimited-Hour Full-Coverage Base
Limited Warranty
2-Year/2,000-Hour Extended Engine Warranty
OPTIONAL EQUIPMENT
OPERATOR ENVIRONMENT
Speed selectable Auto Ride Control
ROPS/FOPS certified protective canopy
DRIVETRAIN
H-Type Powershift transmission, 4F-3R,
hydraulic clutch shifting, kick down,
transmission disconnect and FNR switch in
loader control lever, includes auto shift mode
LOADER
Auxiliary hydraulics for loader-mounted
equipment with thumb-operated
proportional control
Hydraulic front quick coupler
Tool portfolio of additional attachments
Buckets – see page 2
BACKHOE
Backhoe design styles:
Side Shift
Center Pivot
Overlapping Cylinder Boom with Extendahoe®
1-way Auxiliary backhoe hydraulics for
hammers, plate compactors or similar
1-way flow attachments
1-way/2-way Auxiliary backhoe hydraulics
for hammers, plate compactors or similar
1-way flow attachments or switch to 2-way
flow for augers or similar 2-way flow
attachments
Backhoe Booms:
14 ft Standard Boom
14 ft Extendahoe®
15 ft Extendahoe®
Pilot operated control system:
Thumb-operated proportional
Electro-Hydraulic Extendahoe® control
Thumb-operated horn button
Thumb-operated auxiliary hydraulic control
Infinitely adjustable towers
In-cab switchable “excavator to backhoe”
control pattern change
Dirt stabilizer pads (side shift)
Universal Footstreet stabilizer pads (side shift)
Flip over stabilizer pads (center pivot)
Bucket quick coupler
Buckets – see page 2
OTHER
LED Working/Driving Light Package:
4 front
4 rear
Dual 12 volt batteries
Cold Weather Lubricants
TELEMATICS
CASE SiteWatch™ Telematics
SERVICE PARTS
3 inch seat belt
N Series compatible backhoe coupler for
in-line cylinder backhoe
©2023 CNH Industrial America LLC. All rights reserved. CASE is a trademark registered in the United States and many other countries, owned by or licensed to CNH Industrial N.V., its subsidiaries or affiliates. CNH Industrial Capital is a trademark in the United States and many other countries, owned by or licensed to CNH Industrial N.V., its subsidiaries or affiliates. Printed in U.S.A. Contains 10% post-consumer fiber.
IMPORTANT: CASE Construction Equipment Inc. reserves the right to change these specifications without notice and without incurring any obligation relating to such change. Availability of some models and equipment builds vary according to the country in which the equipment is used. The illustrations and text may include optional equipment and accessories and may not include all standard equipment. Your CASE dealer/distributor will be able to give you details of the products and their specifications available in your area.
CASE Construction Equipment is biodieselfriendly. NOTE: All engines meet current EPA emissions regulations. All specifications are
stated in accordance with SAE Standards or
Recommended Practices, where applicable.
Always read the Operator’s Manual before
operating any equipment. Inspect equipment
before using it, and be sure it is operating
properly. Follow the product safety signs and
use any safety features provided.
CaseCE.com
Form No. CCE202306580SV
Replaces Form No. CCE202303580SV
580SV 6 of 6
September 5, 2023, Reg. CC Mtg., Page #283
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, Public Works Director
MEETING DATE: September 5, 2023
SUBJECT: Reclassification of Senior Civil Engineer Position to Principal Engineer
RECOMMENDATION
1) Amend the FY23-24 Authorized Full-Time Positions to add the Principal Engineer and set the salary schedule at 61 and make the necessary budget adjustments; 2) Amend the Memorandum of Understanding – LCEA Admin Unit to add the Principal Engineer – Capital Projects and Parking Enforcement Supervisor to the list of positions; and 3) Approve the Principal Engineer job classification.
BACKGROUND
The City Council has adopted overarching goals associated with capital improvement projects within the City which include:
• Continue to improve streets and water lines
• Continue to improve water quality
Staffing shortages have severely impacted our ability to complete capital improvement projects within expected time frames.
Several factors have impacted the need for changes in staffing in Public Works. With the recent departure of the Senior Civil Engineer, staff has taken an opportunity to review the department’s needs and how that fits into the overall city organization. While the need to fill this position is immediate, we will be presenting a larger multi-phase reorganization in the near future intended to further other Council goals and objectives.
Responsibilities in the Public Works realm have increased due to the following circumstances:
• Increased number of Capital Improvement Projects (CIPs). Over the past several decades maintenance projects (water pipeline replacements, street repaving, building refurbishment, etc.) have not kept pace with needs, which have resulted in an increase in the number of CIP projects. In the last five years, the number of active projects has increased from 2-3 to now 15-20.
Item No. 7i
CITY OF LOMITA
CITY COUNCIL REPORT
September 5, 2023, Reg. CC Mtg., Page #284
• Increased number of encroachment permit requests and development review for work in the right of way or utility connections.
• Environmental compliance legislation has increased activity and reporting requirements.
o Much more detailed water drought and conservation reporting on quarterly basis
o New water supply reporting on monthly basis
o Water system pressure reporting
o 2018 water conservation legislation requiring a Water Budget for purveyors o Measure W Stormwater reporting – 2 times per year
o MS4 Reporting – one additional report at mid-year
o Starting up the CWPF Water Facility with additional monitoring, tracking, reporting, and contracts for services
o Emissions reporting for generators
o Modified Waste Discharge Requirements related to the Sewer System Management Plan requiring program changes in spill response and Plan/Audit cycles
o Requirements for fleet fuel-type composition
o Backflow/Cross connection program changes requiring more rigorous policy, training, reporting, field activities
For the City to meet the goals and objectives of the City Council, the following approach is proposed:
1. Replace the vacant Senior Civil Engineer position with a Principal Engineer who will exercise divisional management over the engineering functions with a focus on completing Capital Improvement Projects.
2. Utilize contract engineering to meet the fluctuating needs of CIP projects. If the level of CIP projects remains high, the City can re-evaluate if additional permanent staffing may be necessary. The projection of CIP projects based upon the CIP Master Plan peaks in FY23-24 and contract engineering may be needed through FY25-26 to execute the planned projects.
0 5
10 15
20 25
30 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 FY27-32
CIP Projects by FY
September 5, 2023, Reg. CC Mtg., Page #285
Over the past eight months, the Public Works Director has been directly supervising staff in the engineering team in addition to the Public Works Superintendent, Water Operations Manager, Analysts, and contractors. This level of oversight does not allow strategic management of the department nor thorough and timely review of work.
The Principal Engineer will have direct responsibility for most of the functions within the Engineering division with a focus on delivering capital projects. These responsibilities include:
• Capital Improvement Program oversight (with direct project management) • Direct supervision of Associate Engineer, Engineering Technician, Intern, consultants and contractors
• Development Review Oversight (Contractor, internal review coordination, approval) • Encroachment Permitting Oversight and approval
• Utility coordination
• Engineering Master planning (PMP, Water, Sewer, UWMP, CIP Master Plan) • ADA – Database update, compliance, strategy
• Policy development
• Landscape Maintenance District reporting
• Project funding reporting and grant applications
Parking Enforcement Supervisor
On June 6, 2023, the City Council approved the position of Parking Enforcement Supervisor and related job classification. At that time, staff was actively engaged in the meet and confer process with the Lomita City Employees Association to determine the appropriate unit placement for the position. This action would place the Parking Enforcement Supervisor in the Lomita City Employees Association - Administrative Unit.
OPTIONS
1. Approve staff’s recommendation.
2. Amend staff’s recommendation.
3. Provide further direction to staff.
FISCAL IMPACT
It is recommended that the salary for this position be benchmarked at 15% above the current salary for the Senior Civil Engineer position. This would place the position at Salary Schedule 61 - $10,674 - $12,974 monthly.
ATTACHMENTS
1. Principal Engineer Job Classification
2. FY 23-24 Authorized Positions List
3. Memorandum of Understanding - LCEA
September 5, 2023, Reg. CC Mtg., Page #286
Reviewed by: Approved by:
________ _
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________
Carla Dillon, P.E.
Public Works Director
September 5, 2023, Reg. CC Mtg., Page #287
September 2023
FLSA: Exempt
PRINCIPAL ENGINEER – Capital Projects
DEFINITION
Under general direction, manage, supervise, direct, and coordinate the Engineering Division of the Public Works Department, to perform highly complex and professional engineering administration duties in water, sewer, street, storm drain, buildings, and parks improvement projects; to plan, direct, and supervise a variety of engineering projects and programs; and to conceptualize, develop, design, and implement all phases of difficult design and engineering research projects. Coordinate assigned activities with other City departments and outside agencies.
SUPERVISION RECEIVED AND EXERCISED
Exercises direct supervision over professional, technical, and clerical staff.
CLASS CHARACTERISTICS
This is a management classification responsible for planning, organizing, reviewing, and evaluating the operations and work of staff in the Engineering Division and consultants. Incumbents are responsible for performing diverse, specialized, and complex engineering work involving significant accountability and decision-making responsibilities, which include developing and implementing policies and procedures for assigned programs, budget administration and reporting, and program evaluation. Incumbents serve as a professional-level resource for organizational, managerial, and operational analyses and studies.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations where appropriate so qualified employees can perform the essential functions of the job.
• Carries out supervisory responsibilities of professional, paraprofessional, and technical staff members in accordance with policies, procedures and applicable laws, including: interviewing, training staff in job skills; assigning and directing work; assisting staff in resolving problems; developing schedules and assigning work, issuing work orders; establishing deadlines; appraising performance; rewarding and disciplining employees; coordinating, developing and approving staff training; and addressing complaints and resolving problems and completing/approving time sheets. • Carries out the implementation of Engineering Division goals, objectives, strategies, projects or programs to ensure efficient organization and completion of work. • Serves as project manager/project engineer on large scale highly complex capital improvement and public works projects including; overseeing, preparing and approving plans, contract documents, specifications and designs; reviewing public works construction and capital improvement bids; defining job scope; preparing cost estimates and projections; developing schedules, procedures and time lines; preparing right of way plans, acquisition and environmental documents and reports; Attachment 1
September 5, 2023, Reg. CC Mtg., Page #288
September 2023
FLSA: Exempt
review and approves purchases; conferring with other professional and technical staff; coordinating work with other City departments, outside agencies, contractors and consultants. • Develop and maintain effective working relationships with contractors, vendors, outside agencies, the public and City staff; represent the City at outside functions. • Develop and monitor contracts to ensure compliance with technical and legal requirements; prepare bid documents; review proposals; participate in the selection of consultants and contractors; prepare, review and approve contract documents, reports, plans and specifications; estimate construction costs and time requirements; provide engineering services and consultation to a variety of internal customers; oversee the construction inspection of various types of maintenance and construction projects; ensure conformance to plans, specifications, and related construction and safety standards; review and approve progress payments and change orders; and review contract close out. • Attend meetings and make presentations to City Council, committees and commissions. • Oversees and/or prepares complex, routine and non-routine reports as requested utilizing a variety of software; summarizes material for the preparation of reports; prepares resolutions, staff reports and makes presentations.
• May represent the City and/or serves as a liaison and/or member of various committees/teams with other government agencies, private agencies, and professional organizations; and collaborates, persuades, presents reports to and negotiates with others outside own work area to coordinate efforts and maintain cooperative and efficient relations and to comply with federal, state and local laws. • Composes correspondence and reports in accordance with standard policies; explains policies and procedures; processes routine and non-routine matters independently. Respond to and resolves difficult and sensitive engineering inquiries and complains. • Perform advanced engineering work, contract administration, highly specialized design, research, analysis and economic evaluations; prepare and submit a variety of documents and reports including agenda and project reports; prepare complex grant applications for project funding from various governmental agencies; maintain administrative and engineering records. • Participate in the development of Master Plans for the City's infrastructure. • Select, train, motivate, supervise, and evaluate assigned engineering personnel; provide or coordinate staff training and professional development programs; and implement discipline procedures. • Review plans prepared by developers, consultants, and utility companies.
QUALIFICATIONS
Knowledge of:
➢ Principles and practices of civil engineering as applied to public works, utilities or building construction projects.
➢ Applicable state, federal and local ordinances, codes, laws, rules and regulations and legislative issues.
➢ Supervision of staff and activities.
➢ Administrative principles and practices, including goal setting and implementation.
September 5, 2023, Reg. CC Mtg., Page #289
September 2023
FLSA: Exempt
➢ External governmental bodies and agencies related to area of assignment. ➢ Methods, materials and techniques used in the construction of public works and utility projects. ➢ Capital Project management and administration, including public contract codes. ➢ City engineering policies and procedures.
➢ Federal funding regulations.
➢ State and regional funding programs
➢ Complex engineering calculations and computations.
➢ Record keeping, report preparation, filing methods and records management techniques. ➢ Various standards associated with civil engineering.
➢ Budget development processes and procedures.
➢ Project management techniques, including contract management. ➢ Principles, practices, and techniques of effective customer service and collaborative problem solving. ➢ Methods and techniques of research, statistical analysis and report presentation.
Ability to:
➢ Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
➢ Perform difficult research, analyze complex engineering problems, evaluate alternatives and recommend effective action.
➢ Coordinate and manage assigned projects.
➢ Conduct studies, review and evaluate data, and form accurate conclusions and projections. ➢ Prepare and/or direct the preparation of complex plans, specifications and legal contracts. ➢ Supervise, train, and evaluate subordinate personnel. ➢ Understand and follow verbal and written instructions. ➢ Interpret and apply Federal, State and local laws, codes and regulations. ➢ Interpret and explain City and Department policies and programs. ➢ Plan, organize, supervise, train and evaluate professional and technical engineering staff. ➢ Negotiate and administer contracts.
➢ Prepare clear, concise and accurate reports.
➢ Make effective and persuasive presentations on controversial or complex topics to top management, public groups, and/or boards of directors, and city councils. ➢ Establish, maintain and foster positive, harmonious and cooperative working relationships with those contacted in the course of work.
➢ Use computerized engineering programs, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
September 5, 2023, Reg. CC Mtg., Page #290
September 2023
FLSA: Exempt
Equivalent to a bachelor’s degree from an accredited college or university with major coursework in civil engineering or a related field.
Experience:
➢ Five (5) to seven (7) years of increasingly responsible professional civil engineering experience, including two (2) years in a supervisory capacity.
Licenses and Certifications:
➢ Possession of a valid California Driver’s License, to be maintained throughout employment. ➢ Possession of a valid registration as a Professional Engineer (PE) issued by the State of California, to be maintained throughout employment.
➢ PMP certification is desirable
PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend to climb and descend ladders; and to operate a motor vehicle and visit various City sites; vision to inspect site conditions and work in progress.
The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 40 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
September 5, 2023, Reg. CC Mtg., Page #291
CITY OF LOMITA - FISCAL YEAR 2022-2024
SECTION IV - AUTHORIZED FULL TIME POSITIONS AND SALARY SCHEDULES Department Position Title Salary Schedule F/T
City Manager's Dept. City Councilmembers N/A N/A
City Manager N/A 1
Assistant City Manager 74 1
City Clerk 52 1
Recreation & Facilities Manager 53 1
Recreation Manager 50 1
Senior Management Analyst 45 1
Senior Human Resources Analyst 46 1
Recreation Supervisor 39 1
Deputy City Clerk 37 1
Parking Enforcement Supervisor 34 1
Administrative Analyst 33 1
Management Assistant 28 0.5
Administrative Assistant (City Clerk's) 24 1
Maintenance Worker II 24 1
Administrative Assistant (Recreation) 24 1
Maintenance Worker I 20 1
Total Department 15.5
Administrative Services Administrative Services Director 69 1 Senior Accountant 48 1
Accountant (Payroll) 42 1
Accounting Technician 27 1
Accounting Assistant 24 2
Total Department 6
Community Development Community & Economic Dev. Director 68 1 Associate Planner 44 1
Assistant Planner 36 1
Code Enforcement Officer II 35 1
Management Assistant 28 0.5
Total Department 4.5
Public Works Public Works Director 70 1
Principal Engineer 61 1
Chief Water Operator Manager 52 1
PW Superintendent - Streets/Trees/Park 52 1
Associate Engineer 49 1
Management Analyst 39 1
Engineering Technician 33 1
PW Lead Worker Streets & Trees 36 1
PW Lead Worker Park Maintenance 36 1
Water Treatment Plant Operator 35 2
Water Service Technician II 27 4
Maintenance Worker II 24 4
Administrative Analyst 33 1
Water Service Technician I 23 1
Maintenance Worker I 20 4
Total Department 25
Total City 51
Attachment 2
September 5, 2023, Reg. CC Mtg., Page #292
Attachment 3
9098447.1 LO055-008
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LOMITA AND THE ADMINISTRATIVE SERVICES UNIT OF
THE LOMITA CITY EMPLOYEES ASSOCIATION
ARTICLE I. GENERAL PROVISIONS
PREAMBLE
Section 1.1. This Memorandum of Understanding (MOU) is entered into between the City of Lomita (City) and the Administrative Services Unit of the Lomita City Employees Association (Association), pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et.seq.).
APPLICABLE POSITIONS
Section 1.2. The City reaffirms its recognition of the Association as the exclusive representative of all full time City employees within the following classifications:
Accounting Assistant
Accounting Technician
Administrative Analyst
Administrative Assistant
Assistant Engineer
Assistant Planner
Assistant Recreation Supervisor
Associate Engineer
Associate Planner
Code Enforcement Officer II
Engineering Technician
Finance Supervisor
Management Assistant
Office Assistant
Parking Enforcement Supervisor
Payroll Specialist
Planning Technician
Principal Engineer
Recreation Supervisor
Senior Civil Engineer
TERM OF AGREEMENT
Section 1.3. Except as otherwise indicated, this Agreement is to be in effect commencing July 1, 2022 through June 30, 2025.
CONTINUATION OF PRIOR PROVISIONS
September 5, 2023, Reg. CC Mtg., Page #293
2 Section 1.4.
The parties agree that the terms and provisions of any prior MOU Agreements between the parties shall remain in full force and effect unless such provisions conflict with the terms of this Agreement. All applicable MOU Agreements shall be compiled and displayed in the City Employee Handbook under the heading MOU Agreements. All applicable attachments and exhibits to the MOU Agreements shall be included in this Section of the Handbook. All provisions and terms set forth in the City of Lomita Employee Handbook shall also remain in full force and effect as to all terms and conditions of employment unless the Handbook conflicts with this Agreement, or any prior MOU Agreements between the parties.
September 5, 2023, Reg. CC Mtg., Page #294
3 ARTICLE 2. COMPENSATION AND HOURS
COST OF LIVING ADJUSTMENT (COLA)
Section 2.1. Effective the first full pay period after July 1, 2022, full-time represented employees as listed in Article I shall be entitled to a 3.5% base salary increase.
Section 2.2a. Effective the first full pay period after July 1, 2023, full-time represented employees as listed in Article I shall be entitled to a 2% base salary increase.
Section 2.2b. Effective the first full pay period after July 1, 2024, full-time represented employees as listed in Article I shall be entitled to a 2% base salary increase.
September 5, 2023, Reg. CC Mtg., Page #295
4 SALARY RANGES AND CLASS TITLES
Section 2.2. The attached exhibits (1-4) are assigned to classes covered by this MOU effective the first full pay period after July 1, 2022 through June 30, 2025. Effective the first full pay period after July 1, 2022, the new salary schedule (Exhibit 1) would be implemented for purposes of placing positions within the new salary schedule (eligible employees – non y-rated would be placed in the next highest step at a minimum 1% above current step). Exhibit 2 would be implemented for purposes of the 3.5% COLA effective the first full pay period after July 1, 2022. Exhibits 3 and 4 would be effective the first full pay period after July 1, 2023 and July 1, 2024.
Salary Schedule Title
24 Accounting Assistant
27 Accounting Technician
33 Administrative Analyst
24 Administrative Assistant
41 Assistant Engineer
36 Assistant Planner
31 Assistant Recreation Supervisor
49 Associate Engineer
44 Associate Planner
35 Code Enforcement Officer II
33 Engineering Technician
31 Finance Supervisor
28 Management Assistant
20 Office Assistant
34 Parking Enforcement Supervisor
31 Payroll Specialist
32 Planning Technician
61 Principal Engineer
39 Recreation Supervisor
55 Senior Civil Engineer
FULL-TIME SALARY ADMINISTRATION POLICIES
Section 2.3. The following salary policies shall govern the administration of the salary schedule for full-time classifications:
a) The first step is the minimum rate, and is normally the hiring rate for the class. An employee may be assigned, upon appointment, to other than the normal entering salary step upon the recommendation of the department director, and with approval of the City Manager when it is decided that such action is in the best interest of the City.
September 5, 2023, Reg. CC Mtg., Page #296
5 b) Employees are normally eligible for a salary adjustment after the completion of a minimum of six (6) months of service from the date of appointment. The adjustment shall be made only if recommended by the department director, and, if approved by the City Manager. For employees hired at any step other than the first step, such employees must complete a minimum of twelve (12) months of service from the date of appointment before being eligible for a salary adjustment.
c) The remaining steps are incentive adjustments, based on the performance evaluation, to encourage an employee to improve his/her work, and to recognize seniority and increased skill on the job. Employees are eligible for these adjustments after the completion of twelve (12) months of service at the preceding step, if the year of service is evaluated as being satisfactory or above.
The mere completion of twelve (12) months of service at a particular step does not entitle an employee to an incentive adjustment.
d) The comprehensive wage and salary plan is based on full-time employment. e) As provided for in Government Code Section 3507.5 (the Meyers-Milias-Brown Act), the City has designated the following positions as confidential: Senior Accountant; Deputy City Clerk/Executive Assistant; Management Analyst; Human Resources Analyst; and any other employees who have access to confidential employee relations information. The City Manager may make further designations of confidential positions by preparing a memorandum stating the same. A copy of this memorandum shall be sent to the City Council and to those employees impacted by such designation.
GENERAL SALARY SCHEDULE
Section 2.4. The general salary schedule shall consist of five steps within each grade and be applicable to positions and classification within the City. Said salary schedule shall be adopted on an annual basis by Resolution of the City Council.
COMPENSATION FOR OVERTIME
Section 2.5. Subject to approval of the City Manager and to the following provisions, a department director may prescribe reasonable periods of overtime work to meet the operational needs of the department.
Except as otherwise provided herein, overtime shall be paid at one and one-half times the hourly equivalent of the employee's monthly salary rate, based on the number of overtime hours actually worked. For hourly employees called out on an emergency, the minimum call time shall be two (2) hours. Exempt personnel shall not be entitled to overtime.
September 5, 2023, Reg. CC Mtg., Page #297
6 Full-Time and Part-Time Employees: Overtime is defined as work required by an authorized supervisor on a form approved by the City Manager in excess of forty (40) hours in a workweek or in excess of nine (9) hours in a day (or hours in assigned shift).
In the event a bona fide emergency arises that dictates the need for immediate overtime and the employee's supervisor is not available for authorization, the employee shall seek approval from a management employee prior to working the overtime and on the next working day shall prepare an overtime authorization form to the responsible supervisor outlining the same.
Time off taken for purposes of vacation and sick leave shall not serve as time worked when computing the forty (40) hours in a work week or the nine (9) hours in a work day (or hours in an assigned shift).
Double Time: Double time pay shall be provided for time worked in excess of twelve (12) hours in a day.
Exempt Personnel: Exempt Personnel are all administrative and professional managerial employees.
Court Time: Employees who are required to appear in court during their off-duty hours in connection with City business shall receive overtime compensation at one and onehalf times the number of hours they spend in court.
CALL BACK TIME
REGULAR AND HOLIDAY HOURS
Section 2.6
Introduction – Those who are required to work by advance assignment on the day a holiday is observed which provides that they receive, in addition to compensation for actual hours worked, one day of floating holiday. This provision of the M.O.U. applies to employees who are called back to work on a regular workday and on holidays or designated to be on stand-by on such days.
Call Back Time.
1) Call back duty occurs when an employee is ordered to return to duty on a nonregularly scheduled work shift. Call back does not occur when an employee is held over from his/ her shift or is working prior to his/ her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours of overtime commencing at the time of the page or contact. Any call back lasting two (2) hours or less shall result in a credit for two (2) hours overtime. A subsequent call September 5, 2023, Reg. CC Mtg., Page #298
7 received during a call back shall not result in an additional two (2) hours minimum call back pay, but shall be paid overtime for actual time worked. 2) An employee called back to work on the day a holiday is observed by the City, in addition to the compensation provided for in the above section (1) shall receive ½ day of floating holiday if the actual time worked is four (4) hours or less, and one (1) day of floating holiday if actual time worked is in excess of four (4) hours. The floating holiday must be used within a fiscal year of the date it is earned. 3) Employees who receive telephone calls or visits, including the time to make related return telephone calls, after having left work at the end of their normal scheduled work hours and/ or weekends or holidays are not entitled to any “call back” pay, but are entitled to pay for the time spent providing service on behalf of the City. Such employees shall be compensated for all time actually worked in increments of one quarter (1/4) hour while being called, paged, visited, and/ or required to make related return telephone calls. Employees who are required by the nature of the call, and with approval of their supervisor, to return to work shall be entitled to receive call back pay in accordance with the provisions of paragraph (1) above. If required to return to work, the time spent pursuant to this paragraph (3) shall count as part of the call back time under paragraph (1), but shall not be subject to compensation under this paragraph (3).
BILINGUAL PAY
Section 2.7. Bilingual Pay – On recommendation of the Department Head and the Personnel Officer, the City may approve payments of an additional $20 (twenty dollars) per pay period to a bilingual employee whose abilities have been determined by the Personnel Officer or designee as qualifying to fill positions requiring bilingual speaking and/ or writing ability. Bilingual skill payments will be made when:
(1) Public contact requires continual (repetitive) eliciting and explaining information in a language other than English; or
(2) Where translation of written materials in another language is a continuous assignment; or
(3) The position is in a work location where there is a demonstrated need for language translation in providing services to the public.
The City shall review positions covered by this Agreement not less than annually to determine the number and location of positions to be designated as requiring bilingual abilities. The pay provided herein for bilingual abilities may be removed when the criteria cease to be met as determined by the Department Head.
PAY FOR SERVING IN HIGHER JOB CLASSIFICATION
September 5, 2023, Reg. CC Mtg., Page #299
8 Section 2.8. A competitive service employee, and member of the Administrative Services Unit or Field Services Unit who is required, on the basis of acting appointment or other reason, to serve in a class with a higher salary range to that of the class in which he/she is normally assigned, shall receive the minimum salary rate of the higher salary range or a five percent (5%) of current salary increase, whichever is greater, provided the employee shall perform all duties and assume all the responsibilities of the higher class, and only after the employee has served for more than five (5) consecutive working days in the higher classification. Compensation under this Section shall not be permitted for any position which is subject to City Council appointment unless specifically authorized by the City Council.
SHIFT DIFFERENTIAL PAY
Section 2.9. Employees whose regular work schedule includes at least half (50%) of their shift hours worked between 5:00 p.m. and midnight shall be entitled to shift differential pay at the rate of 5% of their straight time hourly rate.
COMPENSATION STUDY
Section 2.10. City shall prepare an updated compensation study no earlier than September 1, 2024 and conclude no later than February 1, 2025 and share the results with the LCEA.
September 5, 2023, Reg. CC Mtg., Page #300
9 ARTICLE 3. WORKING HOURS
WORKING HOURS
Section 3.1. Working hours will be determined on the basis of operational efficiency and employee preference. Supervisors will establish working schedules subject to approval of department directors and the City Manager.
PAY PERIODS AND PAYDAYS
Section 3.2. All officers and employees of the City of Lomita shall be paid once every two weeks. Compensation shall be made available on an every-other Friday basis.
In the event that a payday falls on a holiday, all warrants or checks in payment of compensation shall be made available on the day preceding the holiday.
COMPUTATION OF ADVANCEMENT DATES
Section 3.3 Advancement dates shall be computed from the first day of appointment or from the effective date of any subsequent actions.
FLEXIBLE WORK SCHEDULES
Section 3.4. The City’s normal hours of operation are from 7:30 a.m. to 5:30 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. alternating Fridays except on days designated as City holidays. Upon an employee’s request, the City Manager or designee may approve work schedules that vary from the established working schedule as long as business operations are not adversely impacted and continue as required by municipal law.
Section 3.5. Purpose. Flex time may be implemented as work management alternatives when it benefits the City by improving employee recruitment and retention or otherwise suits the City’s business needs, and subject to approval of the City Manager or designee as outlined below.
Section 3.6. Flex Time Schedule Request and Approval. When the City Manager or designee determines that the position’s work can be effectively carried out and accounted for under such conditions, the City Manager or designee may approve an employee’s request for;
a. A flex time work schedule; or
b. A compressed workweek schedule that may include a 4/10 workweek, or a 9/80 workweek.
Terms and conditions of individual alternative work schedules shall be set forth in written agreements signed by each participating employee and authorized prior to implementation by the City Manager or designee.
September 5, 2023, Reg. CC Mtg., Page #301
10 Section 3.7. Discontinuation of Flex Schedules. At the sole discretion of the City, the City Manager or designee may terminate flex schedules when the schedule ceases to meet the business needs of the City and/or the Department. The City Manager or designee shall provide affected employee with a minimum of two week notice prior to the discontinuation of the flex schedule.
The City Manager’s or designee’s decision regarding the revocation of an alternative work schedule is final and not subject to appeal.
September 5, 2023, Reg. CC Mtg., Page #302
11 ARTICLE 4. BENEFITS
INSURANCE CONTRIBUTION (CAFETERIA PLAN)
Section 4.1. The City will contribute based on a sliding scale per Section 4.2 a specific dollar amount each month to each full-time employee to be used toward the purchase of the following benefits for the employee and the employee's dependents:
• Health Insurance
• Dental Insurance
• Vision Insurance
• Life Insurance
• Long Term Care Insurance
Each employee is required to purchase a health insurance plan unless the employee provides evidence of other health insurance coverage.
Commencing July 1, 2005, half (50%) of the total contribution amount as provided by the City for insurance benefits, not used by the employee for such benefits may be contributed to the employee's ICMA deferred compensation account upon written option by the employee to the Personnel Officer.
CAFETERIA PLAN SUMMARY
Section 4.2. Effective the first full pay period after July 1, 2022, the City shall increase its contribution to the employee cafeteria plan for benefits including insurance as follows:
Employees with 2+ Dependents for Medical or Dental Insurance The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,305 per month.
Employees with 1 Dependent for Medical or Dental Insurance The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,265 per month.
Employee Only for Medical or Dental Insurance
The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,243 per month.
Employees with Spouse Coverage or No Health Insurance through the City The City shall contribute an additional $100 per month to the employee cafeteria plan for a total of $1,220 per month.
Section 4.3. Effective the first full pay period after July 1, 2023, the City shall increase its contribution to the employee cafeteria plan for benefits including insurance as follows:
Employees with 2+ Dependents for Medical or Dental Insurance The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,405 per month.
Employees with 1 Dependent for Medical or Dental Insurance September 5, 2023, Reg. CC Mtg., Page #303
12 The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,365 per month.
Employee Only for Medical or Dental Insurance
The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,343 per month.
Employees with Spouse Coverage or No Health Insurance through the City The City shall contribute an additional $100 per month to the employee cafeteria plan for a total of $1,320 per month.
Section 4.4. Effective the first full pay period after July 1, 2024, the City shall increase its contribution to the employee cafeteria plan for benefits including insurance as follows:
Employees with 2+ Dependents for Medical or Dental Insurance The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,505 per month.
Employees with 1 Dependent for Medical or Dental Insurance The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,465 per month.
Employee Only for Medical or Dental Insurance
The City shall contribute an additional $100 per month to the employee cafeteria plan, for a total of $1,443 per month.
Employees with Spouse Coverage or No Health Insurance through the City The City shall contribute an additional $100 per month to the employee cafeteria plan for a total of $1,420 per month.
RETIREMENT AND PRE-TAX OF EMPLOYEE CONTRIBUTIONS
Section 4.4a. Employee Retirement Contributions.
Effective the first full pay period after July 1, 2017, all full-time represented employees in the Tier 1 group (2.5%@55 retirement formula) hired prior to February 19, 2012 shall pay a total of 8% of the employee’s PERS contribution.
Full-time employees in the Tier 2 (2%@60) and Tier 3 (PEPRA – 2%@62) retirement groups pay their full employee contribution, currently 7% for Tier 2 and 50% of the normal cost of retirement for Tier 3. Employee paid member contributions shall continue to be collected on a pre-tax basis.
RETIREMENT COST SHARING
Section 4.4b. Effective the first full pay period after July 1, 2020, the parties agree pursuant to Government Code section 20516(a),(f), that each Tier 1 employee shall share the cost of the employer CalPERS contributions at the rate of 0.5% which shall be made through payroll deductions. The 0.5% cost sharing shall be in addition to the retirement contribution in Section 4.4a. No cost sharing for Tier 2 and 3 employees.
September 5, 2023, Reg. CC Mtg., Page #304
13 Effective the first full pay period after July 1, 2021, the parties agree pursuant to Government Code section 20516(a),(f), that each Tier 1 employee shall share the cost of the employer CalPERS contributions at the rate of an additional 0.5% (for a total of 1%) which shall be made through payroll deductions. The 1% cost sharing shall be in addition to the retirement contribution in Section 4.4a. No cost sharing for Tier 2 and 3 employees.
This cost sharing agreement shall be made pursuant to Government Code section 20516(f) which provides that nothing shall preclude a contracting agency and its employees from independently agreeing in a memorandum of understanding to share the costs of any benefit. Thus, this cost sharing MOU provision shall not be part of the contract between the CalPERS system and the City and shall therefore be effective with the first payroll period commencing on or after adoption by the City Council of the 2018- 2022 MOU. There shall be no automatic sunset date to any of these cost sharing provisions.
RETIREMENT FORMULA SUMMARY
Section 4.5. The following table lists the City’s 3 retirement tiers and corresponding retirement formula.
Tier Formula
Tier 1 (those employees hired prior to February 19,
2012)
2.5%@55
Tier 2 (classic members* as defined by PERS and
employees hired between February 19, 2012 to
December 31, 2012)
2%@60
Tier 3 (PEPRA – those employees hired on or after
January 1, 2013)
2%@62
*A classic member is an employee who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer without a break in service of greater than six months.
Applicable to Tier 1
Final Average Compensation Period – 1 Year
Applicable to Tiers 2 and 3
Final Average Compensation Period – 3 Years
Applicable to All Tiers
Fourth Level 1959 Survivor Benefit – The City will pay all costs associated with this September 5, 2023, Reg. CC Mtg., Page #305
14 benefit.
RETIREE HEALTH
Section 4.6. Full-time employees hired prior to March 11, 2015 who retire from the City of Lomita shall be eligible for employee-only health coverage. City shall pay employeeonly monthly premiums for the employee’s preferred plan (based on employee’s place of residence and region, e.g., Los Angeles, etc.) from the contracting agencies annual list provided by CalPERS. Upon turning age 65, the City shall pay the Supplement/Managed Medicare Monthly Rate contribution employee-only monthly premiums for the employee’s preferred plan from the contracting agencies annual list provided by CalPERS.
For employees (who retire from Lomita) hired prior to April 1, 1986, the City will pay employee-only monthly health care premiums. Employees in this category who are not otherwise qualified and do not pay into Medicare will not have their employee-only monthly health-care premiums reduced to the Supplement/Managed Medicare Monthly Supplement Rate upon turning age 65.
Employees hired on or after March 11, 2015 who retire from the City of Lomita shall be eligible for the Public Employees Medical and Hospital Care Act (PEMHCA) minimum that may be applied towards retiree employee only health insurance cost.
DISABILITY INSURANCE
Section 4.7. For competitive service employees, probationary employees, and members of the Administrative Services Unit or Field Services Unit, the City shall provide and pay for short-term and long-term disability insurance.
WORKERS’ COMPENSATION
Section 4.8. In the event that a regular employee incurs a job-related accident or injury while in the conduct of official City business, the employee may integrate his/her Workers’ Compensation payments with the use of sick leave and/or vacation leave.
During any pay period, the sum of the workers’ compensation payments, sick leave, and vacation leave cannot be greater than the employee’s salary.
DEFERRED COMPENSATION AND MISSION SQUARE RETIREMENT (FORMERLY
ICMA) DEFERRED COMPENSATION LOAN PROGRAM
Section 4.9. All City employees are eligible for the Deferred Compensation Program. All contributions will be made by the employees, except as provided in Section 4.1.
Section 4.10a. Employees have the option to participate in the Mission Square Retirement employee loan program relative to the City's deferred compensation September 5, 2023, Reg. CC Mtg., Page #306
15 program. Employees wishing to participate in the program may apply directly to Mission Square Retirement and will be subject to their requirements. Under current guidelines, employees may not borrow greater than ½ of their fund balance and would be required to pay any loan balance upon separation from the City.
FLEXIBLE SPENDING ACCOUNT
Section 4.11. The City will provide employees a voluntary “Flexible Spending Account”.
The Flexible Spending Account is offered pursuant to provision of Section 125 of the Internal Revenue Code. This account has been established to permit employees to pay for certain authorized expenses such as health insurance premium co-pays, health insurance deductible, and child care services from pre-tax dollars. (a) Enrollment in the Plan for current employees is required every Plan Year and is limited to the annual open enrollment period or no later than sixty (60) days following the date of becoming eligible due to a mid-year Change in Status event. (b) Eligible employees may contribute, on a pre-tax basis, to a flexible spending account, each bi-weekly pay period up to the established amount pursuant to the IRC annual maximum. An employee election to participate in the Plan shall be irrevocable for the remainder of the Plan year. Once a salary reduction has begun, in no event will changes to elections or discontinuation of contributions be permitted during the Plan year except to the extent permitted under Internal Revenue Service rulings and regulations and with the City’s Plan Document. (c) Any unused amounts remaining in an employee’s account at the end of the Plan Year must be forfeited except that the City may permit an employee to carry over unused amounts to be used in the following Plan Year in accordance with the City’s Medical Expense Reimbursement Plan Document and the IRC regulations.
WELLNESS STIPEND
Section 4.12. Employees will be provided an annual stipend of $150 towards wellness related programs. These include a health club membership, smoking cessation, weight loss, fitness trackers, etc. The City Manager and/or his designee shall make determinations for items not listed.
TRAINING OF EMPLOYEES
Section 4.13.
Purpose of Training Program and Policy. It is the Policy of the City of Lomita to develop maximum efficiency in the performance of official duties by City employees by providing for the training of employees in the performance of their official duties, and by assisting them in fulfillment of their duties and responsibilities as well-informed citizens of the community.
September 5, 2023, Reg. CC Mtg., Page #307
16 The Personnel Officer shall monitor training programs, provide support and assistance to department directors in the administration of internal training programs, and submit recommendations to the City Manager. The development of a continuous program of post-entry training as a part of the normal operation of City administration shall be encouraged. All other things being equal, priority consideration shall be given to training opportunities sponsored by and conducted within the City.
TUITION REIMBURSEMENT.
Section 4.14 The City will provide to employees up to $2,000 per fiscal year per employee for tuition reimbursement for courses which relate to their job assignment, or when they are pursuing a degree in a major with potential value to the City. The completion date of the class shall be used in determining the fiscal year in which the benefit shall apply. To be eligible, an employee must be a regular employee and have completed at least one year of service with the City; receive no other duplicate benefits under any student aid programs; receive prior written approvals by the employee's supervisor on a form approved by the City Manager before registering for class, provide the Personnel Officer· with evidence of satisfactory completion of a course within thirty (30) days (a "C" grade or better or a "pass" in a pass/fail grading system); and forward to the Personnel Officer all classroom materials for which City reimbursement is being requested.
The City may withhold from an employee's final paycheck sums equal to any amounts which have been reimbursed after course completion if an employee resigns or retires prior to two years per the schedule below.
Effective July 1, 2016, Employees who separate from the City prior to two years after receiving such reimbursement shall pay back the City at the following ratios: 1) Between 0 and 6 months – 100%; 2) Between 6 months and 1 year – 75%; and 3) Between 1 year and 2 years – 50%.
GROUP LIFE INSURANCE POLICY
Section 4.15. The City shall provide a group life insurance policy to all represented and non-represented employees in the amount of fifty thousand dollars ($50,000). New hires will be eligible for this benefit on the first of the month following employment.
September 5, 2023, Reg. CC Mtg., Page #308
17 ARTICLE 5. VACATION AND LEAVE
ANNUAL VACATION LEAVE
Section 5.1. Eligibility. All competitive service employees, probationary employees, and members of the Administrative Services Unit or Field Services Unit, earn paid vacation time. Probationary employees (other than promotional probationary employees) cannot use paid vacation unless otherwise authorized by the City Manager. All vacation days shall be taken at a time mutually agreed upon by the employee and the employee's immediate supervisor. Vacation requests should be in writing and must be pre-approved by the employee's immediate supervisor and department director. When a payday falls within the vacation time granted, an employee may request to be paid prior to leaving on vacation. A request for an advanced paycheck, along with a copy of the approved vacation request, must be submitted in writing to the Finance Director at least three (3) working days prior to the date that the check is needed.
ANNUAL VACATION ACCRUAL RATE
Section 5.2. Paid vacation leave shall accrue, on a bi-weekly basis, at the rates shown below:
Service Years 1-5:
During the first five years of employment, employees earn vacation leave with pay from the first date of employment at the rate of eighty hours each year. Probationary employees (other than promotional probationary employees) cannot use paid vacation unless otherwise authorized by the City Manager. Thus, for every one year of service through the fifth year of employment an employee is entitled to eighty hours paid vacation annually.
Service Years 5+-20:
Beginning after the completion of five years of service and continuing through the twentieth year of service, an employee shall earn vacation at the rates, in hours per year, shown below:
Years of Service Vacation Hours Earned
5+-10 120
11 128
12 136
13 144
14 152
15 160
16 168
17 176
18 184
September 5, 2023, Reg. CC Mtg., Page #309
18 Years of Service Vacation Hours Earned
19 192
20 200
Service Years 21 and thereafter:
Beginning with the twenty first year of service an employee shall earn vacation at the rate of two hundred hours each year.
VACATION LEAVE BALANCE, ACCRUAL AND CESSATION OF ACCRUAL Section 5.3. No employee may accumulate more than 320 hours of vacation. The City will notify any employee approaching the maximum accumulation. An employee will stop accruing vacation leave when his or her accumulated vacation balance reaches 320 hours. An employee shall not accrue additional vacation leave until the employee uses vacation time and his or her accumulated vacation leave balance again falls below 320 hours. Vacation leave should be used when possible within the year following the year in which it is earned. When an employee leaves City service the balance of any earned and unused vacation days will be paid at the employee's current rate of pay.
COMPENSATORY TIME
Section 5.4. Compensatory leave time is capped at one hundred sixty (160) hours for all employees eligible for compensatory leave time. Employees may not earn compensatory time above this limit.
ADMINISTRATIVE LEAVE
Section 5.5. Exempt employees, except the City Manager and those eligible for executive leave, will receive forty (40) hours of administrative leave each calendar year.
The full forty (40) hours shall be credited to the employee in January of each year.
Administrative leave may be taken as time off with pay during the year. Any unused administrative leave will be paid off on the last payday in December of each year. New employees, who are eligible for this leave, shall accrue administrative leave on the first of the month following the date of employment. The amount accrued in the first year of employment shall be on a prorated basis.
HOLIDAYS
Section 5.6. Employees shall have the following holidays as vacation with pay:
• New Year's Day (January 1st)
• Martin Luther King Day (3rd Monday in January)
• President’s Day (3rd Monday in February)
• Memorial Day (last Monday in May)
• Independence Day (July 4th)
• Labor Day (1st Monday in September)
• Veteran's Day (November 11th)
September 5, 2023, Reg. CC Mtg., Page #310
19 • Thanksgiving Day (4th Thursday in November)
• Friday after Thanksgiving
• Christmas Eve (1/2 day)
• Christmas Day (December 25th)
• Up to four working days from December 26 to December 31 during the holiday closure (see Section 5.7 - Holiday Closure).
• One Personal Holiday (Floating)*
*Must be taken within the fiscal year granted.
HOLIDAY PAY AND HOLIDAY WORKED
Section 5.7. Holiday Pay shall be equivalent to the straight time hours an employee would normally work on that day of the week. Holidays falling on Saturday will be observed on the preceding Friday. Holidays falling on Sunday will be observed on the following Monday.
In the event competitive service employees, probationary employees, and members of the Administrative Services Unit or Field Services Unit, are required to work on the day a holiday is observed, such employees shall receive, in addition to compensation for the actual hours worked, one day of floating holiday that must be used within the fiscal year.
If requested by the employee prior to working the holiday, the employee may choose to receive one day of holiday pay at straight time in the same pay period containing the holiday, in-lieu of the one day of floating holiday.
HOLIDAY CLOSURE
Section 5.8. Starting in 2016, the City will be closed between December 25 and January
1. Starting in 2017, Columbus Day and Lincoln’s Birthday will no longer be recognized city holidays. The City will provide up to four days of paid vacation during the closure.
Should a particular year include only 3 working days between Christmas Day and New Year’s Day, each employee will be credited with one floating holiday.
Employees required to work during the holiday closure shall be compensated consistent with Section 5.7 above, except that employees required to work on December 26- December 30 shall be paid as follows:
a. Employees required to work more than 4 hours in a day a shall receive floating holiday hours for a full day in addition to straight pay for hours worked.
b. Employees required to work less than 4 hours in a day shall receive floating holiday hours of 4 hours in addition to straight pay for hours worked.
Employees who are on Call-Back during the holiday closure shall be compensated consistent with Section 2.7 above.
September 5, 2023, Reg. CC Mtg., Page #311
20 SICK LEAVE
Section 5.9. Sick Leave Generally. The granting of sick leave shall be determined by the following rules:
1) Sick leave with pay for employees shall accrue in accordance with Subsection (4) below.
2) In addition to the reasons identified in Subsection (4) below, an employee eligible for sick leave with pay shall be granted such leave for the following reasons:
a) Personal illness or physical incapacity.
b) Enforced quarantine of the employee in accordance with community health regulations.
c) Doctor and dental appointments.
d) Maternity leave. Employees shall be able to apply sick leave to maternity leave in the amount of their accrued sick leave to date. An employee may only use sick pay for the period of medical disability.
e) Paternity leave up to a maximum of forty hours per individual situation. 3) Sick leave may not be taken until after it has been accrued. 4) Competitive service employees, probationary employees, and members of the Administrative Services Unit or Field Services Unit, shall accrue sick leave with pay, on a bi-weekly basis, at a rate of 9 hours for each month of employee service, and any such leave accrued but unused in any year shall be credited to the following year. Observed holidays occurring during the sick leave shall not be counted as a day of such leave. Sick leave is not a right which an employee may use at his/her discretion. Accumulated sick leave may only be used in case of necessity and actual personal sickness or disability, or up to twelve days of accumulated sick leave per fiscal year may be used to care for the employee's ill child, spouse, parent, parent-in-law, registered domestic partner, sibling or grandparent. a) An employee must call within thirty (30) minutes after the regular starting time of his/her assigned shift and report to his/her supervisor. b) Except in extraordinary circumstances, failure to call within the thirty (30) minute time limit is a basis for denying use of sick leave.
c) Sick leave pay will not be granted to an employee who fails to call as directed, even if accrued, unused sick leave is available.
d) A doctor's statement will be required prior to returning to work if an employee is absent for three (3) days or more.
e) Failure to validate an absence in Sub-Paragraph (4)(d) above with a doctor's statement is grounds for denying use of sick leave. The employee has an obligation to keep his/her supervisor informed when he/she may return to work and his/her whereabouts at all times.
f) In cases of suspected abuse of sick leave, a supervisor may require a doctor's statement for any illness. Continued abuse will be cause for discipline.
September 5, 2023, Reg. CC Mtg., Page #312
21 5) Once an employee has accumulated 480 hours of sick leave, the City may thereafter at the option of the City and employee, each year, elect to buy back one-half of each year's accumulated sick leave. The compensation will be equal to the employee's usual straight time hourly rate of pay times the number of hours bought back.
SICK LEAVE DONATION POLICY
Section 5.10. Per the Personnel Rules (currently Section 5.3, paragraph 2)
FAMILY CARE LEAVE
Section 5.11. Per page 67 of the Personnel Rules (Family and Medical Care Leave Policy).
BEREAVEMENT LEAVE
Section 5.12. Competitive service employees, probationary employees, members of the Administrative Services Unit, and members of the Field Services Unit are eligible for bereavement leave. For travel less than 300 miles, employees shall be eligible for a maximum of three (3) days bereavement leave for the death of a member of the employee’s immediate family. For travel greater than 300 miles, employees shall be eligible for a maximum of four (4) days bereavement leave for the death of a member of the employee’s immediate family. Immediate family is limited to a parent, step-parent, spouse, child, step-child, brother, sister, uncle, aunt, mother-in-law, father-in-law, grandfather, grandmother, grandchild, son-in-law or daughter-in-law, regardless of residence.
If an employee is required to be absent beyond the maximum number of days listed above, additional days must be charged against accumulated vacation/comp time leave.
MILITARY LEAVE
Section 5.13. Military leave shall be granted in accordance with the provisions of Chapter 7, Division 2, Part I, of the California Military and Veterans' Code. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of military regulations to determine when such leave shall be taken.
LEAVE OF ABSENCE WITHOUT PAY
Section 5.14. A department director may grant a competitive service employee, probationary employee, and a member of the Administrative Services Unit or Field Services Unit leave of absence without pay for not more than one (1) calendar week.
Such leave shall be reported to the Personnel Officer. The City Manager may grant a regular or probationary employee leave of absence without pay or seniority, not to exceed three (3) months. After three (3) months, the leave of absence may be extended, if authorized by the City Council. No such leave shall be granted except upon September 5, 2023, Reg. CC Mtg., Page #313
22 written request of the employee, setting forth the reason for the request, and such approval shall be made in writing.
JURY DUTY LEAVE
Section 5.15. Competitive service employees, probationary employees, and members of the Administrative Services Unit or Field Services Unit required to serve as a juror shall be compensated for the difference between their normal salary and the compensation for jury duty, less travel pay, during the period of such service, provided that the employee does not serve more than once in any calendar year. To be eligible for City compensated jury duty leave, employees must provide the Personnel Officer with evidence of jury duty service, including the hours and days thereof, from the Court.
In the event such evidence is not provided, any time missed may be deducted from the employee's vacation time or offset from future earnings. During their jury duty leave, night shift employees will be transferred to the day shift.
ADMINISTRATION OF LEAVE
Section 5.16. Employees shall be in attendance at their work location in accordance with the Personnel Rules regarding hours of work, holidays, and leaves. All departments shall keep attendance records of employees which shall be reported to the Personnel Officer at the time, and in the manner he/she specifies.
FAILURE TO RETURN FROM LEAVE/UNAUTHORIZED ABSENCE
Section 5.17. At the expiration of an approved leave or approved leave of absence, the employee shall promptly return to duty. Failure on the part of an employee to promptly return to duty shall be considered an absence without leave and be cause for discipline, up to and including termination of employment. Leaves and leaves of absence can be terminated by providing an employee with a reasonable notice to return to work. Deposit in the United States mail of a first class letter, postage paid, addressed to the employee's last known place of residence, shall be reasonable notice.
September 5, 2023, Reg. CC Mtg., Page #314
23 ARTICLE 6. – CONDITIONS OF EMPLOYMENT
PROBATIONARY PERIOD
Section 6.1 All appointments in the competitive service, including promotional appointments, shall be subject to a probationary period of six (6) months. The length of the probationary period may be extended by the appointing authority, if more on-the-job training is warranted or further observation of the employee is desired, by the department head, based on unique circumstances to allow a full and fair evaluation of the probationary employee. No probationary period may be extended beyond nine months from the employee's date of hire.
1) Purpose of Probationary Period. The primary purpose of the Probationary Period is to provide an effective environmental orientation for the employee, educating him/her in prevailing management attitudes, policies, and procedures, and training him/her in the tasks associated with the assignment.
2) Objective of Probationary Period. The probationary period shall be regarded as a part of the testing process, and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to this position, and for determining if he/she is capable of meeting the requirements of the assignment.
3) Regular Appointment Following Probationary Period. All original and promotional appointments shall be tentative and subject to a probationary period of six (6) months of actual service. If the City determines that it does not wish to retain the probationary employee, the appointing authority shall file a written statement with the Personnel Officer which recommends termination of the employee. 4) Rejection of Probationer. During the probationary period, an employee may be rejected at any time by the appointing authority without cause and without the right of appeal. Written notification of rejection shall be given to the employee and a copy filed with the Personnel Officer.
5) Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he/she was promoted unless charges are filed and he/she is terminated in the manner provided in the Personnel Ordinance and the Personnel Rules for positions in the competitive service. However, if the employee's former position has been filled, he/she may be placed in a vacant position in the same classification from which he/she was promoted. If there are no vacant positions, he/she may be ultimately terminated from City service.
September 5, 2023, Reg. CC Mtg., Page #315
24 DISCIPLINE
Section 6.2. Per the Personnel Rules (currently Section 2.10).
RIGHT OF APPEAL
Section 6.3. Per the Personnel Rules (currently Section 2.11).
RULES ON APPEAL TO THE CITY MANAGER
Section 6.4. Per the Personnel Rules (currently Section 2.12).
COMPLAINT AND GRIEVANCE PROCEDURE
Section 6.5.
1. Purpose of Complaint and Grievance Procedure. It is the City's purpose to provide an effective and acceptable system whereby employees can seek resolution of complaints and grievances, at the lowest possible level, on matters affecting their jobs.
All levels of administration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.
2. Definitions.
a. Complaint: An allegation or charge by an employee that a wrong has been committed.
b. Complaint Procedure: The process by which a determination is made as to whether or not a wrong has been committed.
c. Grievance: An expressed claim by a competitive service employee or a member of the Administrative Services Unit or a member of the Field Services Unit that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in the City Personnel Ordinance; these Personnel Rules; other written City policy; the applicable Memorandum of Understanding; or labor or employment law (federal or California) that is applicable to the employees of the City. Disciplinary actions, the content of performance evaluations, rejection from probation, lay-off, and merit increases are not subject to the grievance procedure.
d. Grievance Procedure: The process by which the validity of a grievance is determined.
e. Representative: A person who, at the request of the employee or management, is invited to participate in grievance conferences.
3. Complaint Procedure.
September 5, 2023, Reg. CC Mtg., Page #316
25 Step 1: The employee should review any complaint with the immediate supervisor. The immediate supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.
Step 2: If the action taken by the immediate supervisor is not satisfactory, the employee may take the complaint to successive levels of supervision up to and including the Personnel Officer. The decision of the Personnel Officer shall be the final administrative decision of the City.
4. Grievance Procedure.
a. Informal Grievance Procedure:
The employee shall inform the immediate supervisor orally of the grievance and relevant facts within fourteen (14) days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and the immediate supervisor within four (4) days after the employee has expressed the grievance. The immediate supervisor shall orally advise the employee of the decision within seven (7) days following the conference. b. Formal Grievance Procedure:
Step 1: If the grievance is not resolved informally, the employee shall put the grievance in writing and submit copies to the immediate supervisor no later than ten (10) days following completion of the informal grievance procedure. The written grievance shall include a citation to the specific portion of the Personnel Ordinance, these Personnel Rules, other written City policy; the applicable Memorandum of Understanding; or labor or employment law (federal or California) that is applicable to the employees of the City alleged to have been violated and the remedy sought by the employee. The supervisor shall review the grievance and render a written decision to the employee within ten (10) days from receipt of the grievance. Issuance of the written decision will complete Step
1. Step 2: In the event that the grievance is not resolved in Step 1, the employee may submit it to the department director no later than ten (10) days following completion of Step 1. At least one conference shall be held between the employee and the department director. The department director shall review the grievance and render a written decision to the employee within ten (10) days from receipt of the grievance. Issuance of the written decision will complete Step
2. September 5, 2023, Reg. CC Mtg., Page #317
26 Step 3: In the event that the grievance is not resolved in Step 2, the employee may submit it to the City Manager no later than ten (10) days following completion of Step 2. At least one conference shall be held between the employee and the City Manager. The City Manager shall review the grievance and render a written decision to the employee within ten (10) days from receipt of the grievance. Issuance of the written decision will complete Step 3 and shall be the final administrative decision of the City.
5. General Provisions.
a. No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use. b. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files. c. Failure at any step of this procedure to communicate the decision on the grievance within specified time limits shall permit the aggrieved employee to proceed to the next step.
d. Failure at any step of this procedure to submit the grievance to the next step within the specified time limits shall be deemed acceptance of the decision rendered.
e. The time limits specified at any step in this procedure may be extended by mutual agreement of all parties.
f. Reasonable time off without loss of pay shall be given to an employee who has a complaint or grievance and to his/her representative in order to participate in the complaint and grievance procedures.
TRANSFER, PROMOTION, AND REINSTATEMENT
Section 6.6.
1) Transfer. An employee may be transferred by the appointing authority, at any time, from one position to another position in the same or a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties, and requires substantially the same basic qualifications. No person shall be transferred into a position for which he/she does not possess the minimum qualifications. If the transfer involves a change from one department to another, both department directors must consent thereto, unless the appointing authority orders the transfer. Transfer shall not be used to effectuate a promotion or demotion, each of which may be accomplished only as provided in the Personnel Ordinance and these Personnel Rules. The employee may appeal denial of transfer by the releasing department to the City Manager. The City Manager will review such actions to ensure that equal consideration is given to the employee's September 5, 2023, Reg. CC Mtg., Page #318
27 rights and operational requirements of City administration. In such cases, the decision of the City Manager shall be final.
2) Promotion. Insofar as consistent with the best interests of the service, all vacancies in the competitive service may be filled by promotion of competitive service and probationary employees.
3) Reinstatement. The appointing authority may reinstate, within ninety (90) days of the effective date of resignation, a former competitive service employee who resigned with a good record to a vacant position in the same or comparable class formerly held. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class. Credit for the former employment shall be granted in computing salary, vacation, sick leave, or other benefits.
SEPARATION FROM SERVICE
Section 6.7.
1) Termination. An employee in the competitive service may be terminated at any time by the appointing authority for reasonable cause. Termination imposed for disciplinary purposes shall be conducted in accordance with Section 6.2. Whenever it is the intention of the appointing authority to terminate an employee, the Personnel Officer shall be notified of such intended action, and the employee shall be served with a written statement of the reasons for such intended action, fourteen (14) days before the effective date of the termination. An employee shall be entitled to appeal the termination in accordance with the procedures of Section 6.4. Any appeal shall be in writing, subscribed by the appellant, and filed with the Personnel Officer within seven (7) days following the effective date of the termination. 2) Lay-Off. An employee may be laid off under provisions of the Personnel Ordinance and Section 6.8.
3) Resignation. An employee wishing to leave City employment in good standing, shall file a written resignation with the appointing authority, stating the effective date and reasons for leaving, at least fourteen (14) days before leaving City employment.
Failure to give notice as required by this Paragraph may be cause for denying future employment by the City. Such time limit may be waived by the appointing authority if the employee furnishes evidence that such notice would result in unreasonable hardship or loss of opportunity. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded to the Personnel Officer.
LAY-OFF
September 5, 2023, Reg. CC Mtg., Page #319
28 Section 6.8. Whenever it becomes necessary in the interest of economy or efficiency, or because the necessity for a position no longer exists, the City Council may abolish any position in the competitive service, and the employee holding such position may be laid-off without the right of appeal. The order of lay-off of employees shall be established by the Personnel Officer upon the recommendations of the department directors involved. The department directors and Personnel Officer shall take into consideration the job performance and length of service of employees in preparing the lay-off list, provided that no competitive service or probationary employee shall be laidoff from his/her position while any emergency, temporary, or provisional employee is serving in the same classification; and provided that no competitive service employee shall be laid-off from his/her position while any probationary employee is serving in the same classification. Employees to be laid-off shall be given at least thirty (30) days prior notice.
ARTICLE 7. MISCELLANEOUS
QUARTERLY LABOR AND MANAGEMENT COMMITTEE
Section 7.1. The parties agree to meet quarterly in an effort to resolve issues of mutual concern regarding employee relations. The parties shall select their respective representatives. The parties, by mutual agreement, may agree to develop the agenda for discussion items. The parties shall have no authority, however, to delete, modify or change the terms of this MOU, or to settle any grievance being processed under this MOU.
ENTIRE AGREEMENT-NEGOTIATIONS
Section 7.2. This Agreement reflects all understandings of the parties. Anything not contained in this Agreement has not been agreed to by the parties. Except as otherwise may have been provided in this Agreement nothing else shall be subject to meet and confer during the term of this Agreement.
Section 7.3. Section 7.2 above does not authorize the City to make unilateral changes in policy affecting terms and conditions of employment, unless they are outside the scope of representation.
Section 7.4. Except as otherwise expressly approved in this Agreement, the City is not obligated to negotiate or change any policies or obligations established by this Agreement during the term of this MOU.
SAVINGS CLAUSE
Section 7.5. Should any provision of this agreement, or an application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by law, regulation, or court decision. But in all other respects, the provisions shall continue in full September 5, 2023, Reg. CC Mtg., Page #320
29 force and effect.
ASSOCIATION RIGHTS
Section 7.6. The City shall deduct from each paycheck and remit to the Association within the week following pay day, Association dues from all employees who have signed a written authorization. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have an Association dues deduction for that pay period.
Section 7.7. Indemnification. The Association shall indemnify the City from all claims by bargaining unit members as a result of implementing and maintaining Association Dues Deductions.
Section 7.8. Employee Information. Within thirty (30) days of each new hire in the Association, the City will notify the Association of the new hire, providing the Association with the employee’s name, classification, job title, department in the City, work location, work email address, work phone number, and date of hire.
Section 7.9. Union Security: Maintenance of Membership. Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City during the term of this MOU; provided however, that any employee in the unit may terminate such Association dues during the first twenty-one (21) days of January by notifying the Association in writing of his/her termination of Association dues deduction. Such notification shall be delivered in person or by U.S. mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of the Association from which dues deductions are to be canceled. The Association will provide the City with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period.
Section 7.10. New Employee Orientation. City will provide the Association with 10 calendar days advanced notice, or as soon as practicable, of all new employee orientations within the bargaining unit. The Association will select its representative to meet with the new employee and that meeting will be conducted after completion of the City orientation. When selecting its representative, the Association will make reasonable efforts to minimize disruption to the department operational needs.
The Association will be provided up to 30 minutes to discuss, among other things, the rights and obligations created by the MOU, the role of the Association, and to answer any questions that the new employee may have.
September 5, 2023, Reg. CC Mtg., Page #321
30 September 5, 2023, Reg. CC Mtg., Page #322
31 LOMITA CITY EMPLOYEES ASSOCIATION
_________________________________
Laura MacMorran, Association President
Date:
CITY OF LOMITA
_____________________________
Gary Sugano, Negotiator
_____________________________
Ryan Smoot, City Manager
Date:
September 5, 2023, Reg. CC Mtg., Page #323
1 TO: Planning Commission
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, AICP, Community & Economic Development Director
MEETING DATE: September 5, 2023
SUBJECT: Discussion and Consideration of Planning Commissioner Robert Steinbach’s Current Appointment
RECOMMENDATION
Determine Planning Commissioner Robert Steinbach’s seat to remain as appointed.
BACKGROUND
Lomita Municipal Code Section 2-9.03. (“Absence from meetings”) states that “If a member of the planning commission shall be absent from four (4) regular meetings of said board during any one (1) calendar year for any reason other than that provided in section 2-9.04. of this chapter then, regardless of whether the mayor issued a warning, the seat of such member shall be deemed vacant, unless the city council shall make a determination to the contrary. If the seat is deemed vacant, the term of such member is ipso facto terminated and the planning commission shall immediately inform the city council of such termination.” Planning Commissioner Robert Steinbach was absent from the February 13, May 8, July 10, and August 14, 2023 meetings. Mr. Steinbach advised staff of his upcoming absence in advance of three of the meetings and has expressed his desire to remain on the commission.
ANALYSIS
Lomita Municipal Code permits the City Council to make a determination that a commissioner with absences may remain on the Planning Commission instead of forcing the seat into vacancy. This Commissioner regularly makes motions, seconds, and otherwise participates heavily in every meeting attended. His expertise gained through his extensive career with the Los Angeles Department of Building and Safety Inspection Bureau is especially helpful during Commission discussion on items.
Item No. 8a
CITY OF LOMITA
CITY COUNCIL REPORT
September 5, 2023, Reg. CC Mtg., Page #324
2 OPTIONS
1. Determine Planning Commissioner Robert Steinbach’s seat to remain as assigned as recommended by staff.
2. Deem the seat of Planning Commissioner Robert Steinbach vacant and direct staff to begin recruitment to fill the vacancy.
Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
September 5, 2023, Reg. CC Mtg., Page #325
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Gary Y. Sugano, Assistant City Manager
MEETING DATE: September 5, 2023
SUBJECT: Consideration of Amendment No. 1 to a Solid Waste Agreement with Arakelian Enterprises, Inc. (DBA Athens Services), Setting a Prop 218 Rate Adjustment Hearing for November 7, 2023, and Rescinding Agreement No. 2023-06
RECOMMENDATION
1) Approve Amendment No. 1 to a solid waste agreement with Arakelian Enterprises, Inc. (DBA Athens Services); 2) Direct staff to take the necessary steps to set a Prop 218 Rate Adjustment Hearing for November 7, 2023; 3) Approve the attached public notice for distribution; and 4) Rescind Agreement No. 2023-06 (street sweeping agreement) with Athens Services approved on February 21, 2023.
BACKGROUND
On April 16, 2019, the City Council approved a new solid waste agreement with CalMet Services for a period of eight years (effective July 1, 2019 and expiring on June 30, 2027) and set a Prop 218 Rate Adjustment Hearing for June 4, 2019.
On June 4, 2019, the City Council held a Prop 218 protest hearing and approved a new solid waste rate structure for a period of 5 years (through June 30, 2024).
On December 7, 2021, the City Council adopted an ordinance amending the City’s integrated waste management procedures to include regulations for implementation of SB1383 and an enforcement mechanism to begin on January 1, 2024.
On December 21, 2021, the City Council adopted a resolution authorizing a consent to assignment (transfer) for a franchise agreement for solid waste collection services from CalMet Services to Athens Services.
On February 21, 2023, the City Council also approved an agreement with Athens Services to provide street sweeping services with an annual cost of $162,000.
Item No. SCH 8b
CITY OF LOMITA
CITY COUNCIL REPORT
September 5, 2023, Reg. CC Mtg., Page #326
DISCUSSION
The negotiations for an amendment to the solid waste agreement were necessitated by the requirement to add services and account for associated costs of programs to implement the State’s SB1383 (Organics Recycling) requirements. The State’s overarching goal is a 75% reduction in organic waste disposal to landfills by 2025. Athens Services (and the City) will be required to provide organics waste collection to residential and commercial customers (including proper disposal of such waste), conduct education and outreach, establish an edible food recovery program and monitor compliance and conduct enforcement if necessary. With approval of this amendment, organics collection for residential and commercial customers would begin on January 1, 2024.
SB1383 (Organics Recycling Hauler Requirements)
In addition to the physical collection and diversion of organic waste, under the revised agreement, the hauler’s responsibilities relative to SB1383 include:
• Assisting City with waiver determination/eligibility for customers potentially exempt from organics collection
• Education and outreach
• Compilation of data for annual report preparation for submission to CalRecycle • On-going recordkeeping associated with SB1383
• Container labeling for customer education purposes
• Route reviews on a quarterly basis to reduce potential for cross contamination • Management of a contamination control program
• Assist with identification of edible food generators and food recovery organizations Finance Subcommittee
The City Council’s Finance Subcommittee consists of Mayor Waite and Mayor Pro-Tem Uphoff. The subcommittee has met to receive information regarding parameters within the new agreement with Athens Services and has provided constructive feedback throughout the process.
Proposed Amendment to the Agreement
The following summarizes the deal points after negotiation with Athens Services:
Item Current Proposed Comment
Term of Agreement Through June
2027
Through June 30,
2038
Optional Extension of 5
Years after 2038 by Mutual
agreement
Residential Organics
Collection
N/A Beginning January
1, 2024
None
Street Sweeping
Services
Separate
agreement
Provided at no
cost to City with
this agreement
None
Compost Giveaway
Events
None 2 2 free events held annually
Paper Shredding
Events
None 2 2 free events held annually
Calculation of
Annual Rate
Adjustment
Annual Year-toYear Change in
Trash CPI + 1% Removal of extraordinary
rate increase requests in
exchange for the +1%
September 5, 2023, Reg. CC Mtg., Page #327
Item Current Proposed Comment
Collection/Disposal
(CPI) Costs
Competitive Rate
Review
N/A Every 5 Years Comparing rates between
Lomita and other South Bay
Cities
Delinquent Accounts N/A After 60 days of
non-payment,
hauler may reduce
to minimum
service level
Establish (by separate
Ordinance) process to
assess non-payment on tax
rolls
Annual Minimum
Diversion Rate
30% 50% in
accordance with
AB 939
Increase in minimum annual
diversion rate of 20% to
match State requirement
Trash CPI + 1%
Athens Services has requested that the current annual rate request structure based on a formula tied to the general CPI and collection-related costs be replaced with a calculation based on the national Trash specific CPI which more accurately reflects waste and recycling program costs nationwide. Both CPIs are compiled by the U.S Bureau of Labor Statistics.
Currently per Section 9.4 of the City’s solid waste agreement, Athens Services may request an “Extraordinary Rate Adjustment” for unforeseen or extraordinary costs to solid waste operations/programs beyond those anticipated. In exchange for the +1% addition to the Trash CPI in recognition of California’s history of leadership on environmental requirements and the rising costs associated with those requirements, Athens Services has agreed to eliminate this section of the agreement and relinquish their ability to request an “Extraordinary Rate Adjustment” in the future, except in very limited circumstances (i.e. if State law changes to require new services in the future).
Street Sweeping Services
As mentioned, Athens Services currently provides street sweeping services in the City through a separate agreement. As part of the amended agreement, Athens Services is proposing to include street sweeping services through a single agreement at no cost to the City. If approved, the prior agreement would be rescinded and scope of services for street sweeping would be incorporated into this amendment. This would result in an annual cost savings of approximately $162,000.
Amended Trash and Sweeping Routes
For some time the City has been reviewing our existing service routes for trash services and sweeping services to eliminate overlaps, minimize parking impacts and find more efficient routing. With Athens Services providing both services under one agreement, the City and Athens will work with the City’s Street Sweeping Subcommittee to propose amended routes that better accommodate both services and minimize impacts to residents. The finalized routes for both services will be brought back to the Council for approval at a later date.
Proposed Rate Adjustments to account for SB1383.
The table below summarizes the proposed rate adjustments to implement the Statemandated SB1383 (Organics Recycling) program. For residential, a 5.5% annual increase and for commercial an 8.5% annual increase is proposed through FY 28-29. As Prop 218 September 5, 2023, Reg. CC Mtg., Page #328
only permits a rate adjustment for a maximum of 5 years, a subsequent Prop 218 hearing would need to be held for any rate adjustment beyond June 30, 2028.
Current Eff. 1/1/24 Eff. 7/1/24 Eff. 7/1/25 Eff. 7/1/26 Eff. 7/1/27 Residential
SB 1383
Adjustment
5.5% 5.5% 5.5% 5.5% 5.5%
Res. Rate
(Monthly)
$31.45 $33.18 $35.00 $36.93 $38.96 $41.10
Comm.
SB 1383
Adjustment
8.5% 8.5% 8.5% 8.5% 8.5%
Commercial Bundled* Rate includes 3-yard Solid Waste Bin, 1.5-yard Recycling Bin and 96-gallon Organic Cart
Comm.
Rate
(Monthly)
$337.00 $365.65 $396.72 $430.45 $467.03 $506.73
* Establishment of bundled rates for commercial will allow the City to achieve compliance with regular and organics recycling requirements per CalRecycle
Proposition 218 (Protest Hearing)
Should the Council approve staff’s recommendation a public hearing would be scheduled for November 7, 2023 and a notice would be mailed to all affected rate payers a minimum of 45 days prior to the hearing consistent with State Law. Among other items, the public notice would summarize the proposed rate changes, the criteria for annual increases (CPI) and the effective date of the new rates (January 1, 2024).
Process to Implement New Rates
If written protests against the proposed rate changes as outlined above are not presented by a majority of property owners or customers of record of the identified parcels during and prior to the public hearing, the City Council may impose the rate changes.
Rate Comparison
The analysis is provided for general comparison purposes only. It is difficult to do an applesto-apples city-to-city comparison as some services and levels may vary which impact cost (# of customers in the residential/commercial base, free/cost for bulky item pick-ups, special event services, discounted or special services for seniors, term of agreements will vary, etc.).
For this reason, this review is limited (to the extent possible) to general and common services. It is also worth noting that many cities are in a similar situation to Lomita and are currently negotiating the impacts of SB1383 and other amendments to their agreements.
Generally, under the proposed rate structure, Lomita would be on the mid-to high end for residential collection and mid-end for commercial customers.
September 5, 2023, Reg. CC Mtg., Page #329
Rate Comparison – Single Family Residential
City Hauler Monthly Rate as
of July 2023
Comments
Artesia CRR $26.29
Cerritos Athens $24.76
Covina Athens $44.35
Lawndale Republic $31.80
Lomita Athens $33.18 Proposed as of 1/1/24
Long Beach Self $40.87
Norwalk Athens $23.43
Paramount Athens $21.46 Currently negotiating SB1383 rate increase
Rancho Palos
Verdes
EDCO $40.99
Torrance Self $38.29
Rate Comparison – Typical Commercial (3 Cubic Yard Container – 1 Pickup per Week) City Hauler Monthly Rate as
of July 2023
Comments
Artesia CRR $374.74 65 gallon organics cart
Cerritos Athens $355.96 1 CY recycling and 65 gallon organics cart
Covina Athens $441.59 1.5 CY recycling and 60 gallon organics cart
Lawndale Republic $220.40
Lomita Athens $337.00 Proposed as of 1/1/24
Long Beach Self $281.46 Proposed as of 10/1/23
Norwalk Athens $308.92
Paramount Athens $242.98 Currently negotiating SB1383 rate increase; rate for organics collection not
established
Rancho Palos
Verdes
Open Market Varies
Torrance Open Market Varies
Athens Services has been a category leader in the implementation of SB 1383 organics recycling for many jurisdictions across the State. The benefit of extending Athens Services term of service will ensure that the City retains a hauler that will be successful in navigating not only SB 1383 organics recycling requirements but any new future solid waste related requirements that the State of California may impose going forward, and can do so while providing the high standards of customer service and community support that Lomita demands.
Competitive Rate Guarantee Provision
Per Section 9.6 as part of the amended agreement, the City has negotiated a competitive rate guarantee provision every fifth year of the term to ensure that over the course of the agreement term, the rates charged to customers within the City are not significantly out of line with those charged for similar services in nearby communities. Under this provision, the City and Athens will gather rates for similar services in selected South Bay cities and identify the median of these rates. Based on this review, the City and Athens would meet and confer September 5, 2023, Reg. CC Mtg., Page #330
regarding any adjustments that may be appropriate to ensure Lomita is remaining competitive and Athens is continually able to provide services.
Delinquent Accounts
Per new Section 9.6.10, Athens will be permitted to take action as is legally available to collect past due amounts from Single-family or Multi-family Customers with Cart Collection Service, including removing Recycling Carts and Organic Waste Carts, and reducing Customer to the smallest size Refuse Cart. Athens may only discontinue service if doing so does not pose a health hazard and if Athens notifies the City at least five days in advance when a container will be removed, and the City will have the ability to disapprove discontinuance of service if, in the sole discretion of City, such discontinuance may pose a health hazard.
As is common in many jurisdictions, to the extent permitted by applicable law, City will place delinquent past due amounts on the property tax rolls on a periodic basis. City will remit any amounts received subtracting its reasonable administrative costs.
A companion ordinance to establish a mechanism within the Lomita Municipal Code to allow for the placement of delinquent amounts onto the tax rolls is on this same agenda for Council consideration. Adoption of the ordinance would allow the City to request that the Los Angeles County Tax Assessor place delinquent past due amounts on property tax rolls for collection along with the property taxes.
OPTIONS:
1) Move staff’s recommendation
2) Give staff alternative direction.
FISCAL IMPACT
Per the City’s Solid Waste agreement with Athens Services the City would be reimbursed $10,000 for costs associated with the future Prop 218 rate setting hearing. Under this combined agreement Athens will also provide sweeping services at no cost to the City.
ATTACHMENTS
1) Resolution including Amendment No. 1 to Agreement
2) Draft Public Notice for Prop 218 Hearing
3) Current Solid Waste Agreement
Prepared by: Approved by:
________ ___________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
September 5, 2023, Reg. CC Mtg., Page #331
RESOLUTION NO. 2023-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING AMENDMENT. NO. 1 TO A SOLID WASTE
COLLECTION SERVICES FRANCHISE AGREEMENT BETWEEN THE
CITY OF LOMITA AND ARAKELIAN ENTERPRISES INC. (DBA ATHENS SERVICES) AND RESCINDING AGREEMENT NO. 2023-06 FOR
STREETSWEEPING SERVICES
Section 1. Recitals.
1. The City and CalMet Services Inc. entered into that certain Agreement for Solid Waste Collection Services dated June 18, 2019 (“Agreement”) and on January 18, 2022, the City Council consented to the assignment of the Agreement to Arakelian Enterprises, Inc. DBA Athens Services;
2. Pursuant to Lomita Municipal Code §5-3.010, the City may grant exclusive franchise agreements for solid waste collection within the City;
3. The Public Resources Code § 40000 et seq., declares it is within the public interest to authorize and require local agencies to make adequate provision for solid waste handling within their jurisdictions;
4. The Legislature enacted certain new laws pertaining or relating to solid waste handling with which City must comply, including Assembly Bill Nos. 341, 901, 1594, 1826, and Senate Bill Nos. 341 and 1383, creating the need for the City to improve efforts to divert solid waste from landfills, including recyclable materials and organic waste;
5. The foregoing necessitates modified or additional services in order to bring City into compliance with applicable law and ensure integrated, Citywide waste management programs with the implementation of a Citywide organic waste collection program, which will include but is not limited to the establishment of a Citywide “bundled” solid waste collection system with service units receiving at least one container for solid waste, one container for recyclable materials, and one container for organic waste;
6. The City recently undertook a competitive bidding process to identify contractors to provide street sweeping services, and selected Contractor to provide such services and Contractor has provided street sweeping in accordance with that certain Professional Services Contract, Agreement No. 2023-06, for the performance of street sweeping services, and the City now desires that street sweeping be included as part of the City’s integrated and exclusive solid waste collection system;
7. The inclusion of street sweeping services in the Agreement will allow the City to better calibrate its diversion efforts to the extent street sweeping removes and diverts waste from City streets and rights-of-way, and where economies of scale provide the City Attachment No 1
September 5, 2023, Reg. CC Mtg., Page #332
Resolution No. 2023-18
with a material benefit to having these services provided by Contractor and Contractor is uniquely situated to enhance the City’s diversion and state law compliance goals; and
8. The City Council has determined and finds that the public health, safety and well-being would be served by implementing the changes pertaining to the provision of services, as specified in this Amendment attached as Exhibit A to meet the aims of the City’s long-term compliance and environmental objectives.
THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 2. The Council find and determines that adoption of this Resolution is exempt from the California Environmental Quality Act pursuant to Section 15378 (b)(5) of the CEQA Guidelines as this is an organizational or administrative activity of government that will not result in the direct or indirect physical change to the environment.
Section 3. This Resolution will become effective immediately upon adoption.
Section 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 5
th day of September 2023.
_____________________________
Barry Waite, Mayor
ATTEST:
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
September 5, 2023, Reg. CC Mtg., Page #333
EXHIBIT A
September 5, 2023, Reg. CC Mtg., Page #334
September 5, 2023, Reg. CC Mtg., Page #335
September 5, 2023, Reg. CC Mtg., Page #336
September 5, 2023, Reg. CC Mtg., Page #337
September 5, 2023, Reg. CC Mtg., Page #338
September 5, 2023, Reg. CC Mtg., Page #339
September 5, 2023, Reg. CC Mtg., Page #340
September 5, 2023, Reg. CC Mtg., Page #341
September 5, 2023, Reg. CC Mtg., Page #342
September 5, 2023, Reg. CC Mtg., Page #343
September 5, 2023, Reg. CC Mtg., Page #344
September 5, 2023, Reg. CC Mtg., Page #345
September 5, 2023, Reg. CC Mtg., Page #346
September 5, 2023, Reg. CC Mtg., Page #347
September 5, 2023, Reg. CC Mtg., Page #348
September 5, 2023, Reg. CC Mtg., Page #349
September 5, 2023, Reg. CC Mtg., Page #350
September 5, 2023, Reg. CC Mtg., Page #351
September 5, 2023, Reg. CC Mtg., Page #352
September 5, 2023, Reg. CC Mtg., Page #353
September 5, 2023, Reg. CC Mtg., Page #354
September 5, 2023, Reg. CC Mtg., Page #355
September 5, 2023, Reg. CC Mtg., Page #356
September 5, 2023, Reg. CC Mtg., Page #357
September 5, 2023, Reg. CC Mtg., Page #358
September 5, 2023, Reg. CC Mtg., Page #359
September 5, 2023, Reg. CC Mtg., Page #360
September 5, 2023, Reg. CC Mtg., Page #361
September 5, 2023, Reg. CC Mtg., Page #362
September 5, 2023, Reg. CC Mtg., Page #363
September 5, 2023, Reg. CC Mtg., Page #364
September 5, 2023, Reg. CC Mtg., Page #365
September 5, 2023, Reg. CC Mtg., Page #366
September 5, 2023, Reg. CC Mtg., Page #367
September 5, 2023, Reg. CC Mtg., Page #368
September 5, 2023, Reg. CC Mtg., Page #369
September 5, 2023, Reg. CC Mtg., Page #370
September 5, 2023, Reg. CC Mtg., Page #371
September **, 2023
CITY OF LOMITA - NOTICE OF PUBLIC HEARING
TO CONSIDER A PROPOSED INCREASE IN RATES FOR SOLID WASTE SERVICE
CHARGES
NOTICE IS HEREBY GIVEN that the City Council of the City of Lomita (the “City”) will conduct a Public Hearing on November 7, 2023, at 6:00 p.m., in the Council Chambers at 24300 Narbonne Avenue, or as soon thereafter as the matter may be heard, to consider: (1) adopting CPI-related adjustments to all rates and charges for solid waste collection and disposal applicable to the Assessor Parcel Number for which you are shown as the property owner and/or tenant for the period January 1, 2024, to June 30, 2028, pursuant to Government Code Section 53756; (2) for residential rates, authorizing a 5.5% increase to cover increases in costs (per the attached rate sheets) and; (3) for multi-family residential and commercial rates, an increase of
8.5% to cover increases in costs (per the attached rate sheets). If approved, these rates, charges, and adjustments will be effective January 1, 2024.
PROPOSED SOLID WASTE RATES AND CHARGES
(INFLATION AND OTHER RATE ADJUSTMENTS FOR THE PERIOD
JANUARY 1, 2024, to JUNE 30, 2028)
All current solid waste service rates include a collection and a disposal component. In accordance with the franchise agreement, the proposed rate adjustments would cover the period from January 1, 2024, through June 30, 2028, as follows:
1. For the 2023–2028 period (specifically January 1, 2024, to June 30, 2028), the overall rate increase including both the collection and disposal components is as follows: (1) for residential rates, a 5.5% increase to cover increases in costs and; (2) for multi-family residential and commercial rates, an increase of 8.5% to cover increases in costs.
2. For the 2024–2028 period (specifically July 1, 2024, to June 30, 2028), on an annual basis, the City may authorize annual inflation adjustments in solid waste service fees, rates, & charges, reflecting increased costs of providing such services. The annual adjustment shall be the sum of the percentage increase of the Consumer Price Index for Trash and Garbage Collection (CUUR0000SEHGO2) U.S. City Average (not seasonally adjusted), as the same may be amended or renamed and replaced from time to time by the United States Bureau of Labor Statistics (“Trash CPI”) for the 12-month period from March of the current year to March of the prior year, plus one percent (1%) (i.e., Trash CPI+1%). Thirty days prior to any adjustment pursuant to the schedule, customers will receive a notice to that effect before implementation of the new rates.
These adjustments are reflected in further detail in Exhibit “A” to this Notice. If approved, these increased rates will be effective January 1, 2024.
The automatic inflationary adjustments noted above are authorized pursuant to Government Code Section 53756.
PUBLIC HEARING AND PROTESTS
Any property owner or any tenant (i.e., a customer of record) directly responsible for the payment of solid waste service fees may submit a written protest to the proposed rate changes to the City’s solid waste service rates; provided, however, only one protest will be counted per identified parcel. Any written protest must: (1) state that the identified property owner or customer of record is in opposition to the proposed solid waste rate changes; (2) provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) include the name and signature of the property owner or customer of record submitting the protest. Written protests may be submitted by mail or in person to the City Clerk at 24300 Narbonne Avenue, Lomita, CA 90717, or at the Public Hearing (date and time noted above), provided they are received prior to the conclusion of the public comment portion of the Public Hearing. Any protest submitted via e-mail or other electronic means will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, Attn: Public Hearing on Solid Waste Rate Changes.
IF YOU DO NOT OBJECT TO THE ADJUSTMENTS, NO ACTION IS REQUIRED.
Attachment No. 2
September 5, 2023, Reg. CC Mtg., Page #372
The City Council will hear and consider all written protests and oral comments on the proposed rate changes at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests; only a written protest will count for the purposes of determining whether a majority protest exists.
Upon the conclusion of the Public Hearing, if written protests against the proposed rate changes as outlined above are not presented by a majority of property owners or tenants of the identified parcels subject to the proposed rate increases, the City Council will be authorized to adopt the rate changes.
This protest hearing is being conducted in accordance with Article XIIID of the California Constitution (also referred to as Proposition 218). Please note that a rate protest proceeding is not an election. To ensure transparency and accountability in the rate protest tabulation, protests shall constitute a disclosable public record from and after the time they are received. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Service.
For further details regarding the basis and reasons for the proposed rate changes to the City’s solid waste service fees or for any questions you may have regarding the proposed fees to be imposed on your parcel, please contact Gary Sugano, Assistant City Manager at (310) 325-7110, x121.
September 5, 2023, Reg. CC Mtg., Page #373
September 5, 2023, Reg. CC Mtg., Page #374
September 5, 2023, Reg. CC Mtg., Page #375
September 5, 2023, Reg. CC Mtg., Page #376
September 5, 2023, Reg. CC Mtg., Page #377
September 5, 2023, Reg. CC Mtg., Page #378
September 5, 2023, Reg. CC Mtg., Page #379
September 5, 2023, Reg. CC Mtg., Page #380
September 5, 2023, Reg. CC Mtg., Page #381
AGREEMENT
BETWEEN
THE CITY OF LOMITA AND
CALMET SERVICES, INC.
FOR
SOLID WASTE COLLECTION SERVICE
JUNE 18, 2019
Attachment No 3
September 5, 2023, Reg. CC Mtg., Page #382
i
TABLE OF CONTENTS
AGREEMENT FOR SOLID WASTE COLLECTION SERVICE
BETWEEN THE CITY OF LOMITA AND CALMET SERVICES, INC.
Recitals
Section 1 Definitions ......................................................................................................4
1.1 AB 939...................................................................................................................4
1.2 Agreement............................................................................................................4
1.3 Backyard Cart Collection Service ..........................................................................4
1.4 Bin.........................................................................................................................4
1.5 Bin Collection Service ...........................................................................................4
1.6 Bulky Items ...........................................................................................................5
1.7 C&D Processing Facility ........................................................................................5
1.8 CalRecycle.............................................................................................................5
1.9 Cart .......................................................................................................................5
1.10 Cart Collection Service..........................................................................................5
1.11 City ........................................................................................................................6
1.12 City Manager ........................................................................................................6
1.13 Collection..............................................................................................................6
1.14 Commercial Customer..........................................................................................6
1.15 Commercial Premises...........................................................................................6
1.16 Compactor............................................................................................................6
1.17 Composting or Compost.......................................................................................6
1.18 Construction and Demolition Debris....................................................................7
1.19 Container..............................................................................................................7
1.20 Customer ..............................................................................................................7
1.21 Designated Collection Location ............................................................................7
1.22 Disposal.................................................................................................................7
1.23 Disposal Site..........................................................................................................7
1.24 Dwelling Unit ........................................................................................................7
1.25 Food Waste...........................................................................................................8
1.26 Franchise...............................................................................................................8
1.27 Franchise Fee........................................................................................................8
1.28 Garbage ................................................................................................................8
1.29 Green Waste.........................................................................................................8
1.30 Green Waste Processing Facility ..........................................................................9
1.31 Gross Revenues ....................................................................................................9
1.32 Hazardous Substance ...........................................................................................9
1.33 Hazardous Waste................................................................................................10
1.34 Holiday................................................................................................................10
1.35 Household Hazardous Waste .............................................................................10
1.36 Material Recovery Facility ..................................................................................10 September 5, 2023, Reg. CC Mtg., Page #383
ii
1.37 Medical Waste....................................................................................................11
1.38 Multi-family Residential Customer.....................................................................11
1.39 Multi-family Residential Premises......................................................................11
1.40 Non-collection Notice.........................................................................................11
1.41 Organic Waste ....................................................................................................12
1.42 Person.................................................................................................................12
1.43 Premises..............................................................................................................12
1.44 Recyclables or Recyclable Materials...................................................................12
1.45 Recycle or Recycling ...........................................................................................12
1.46 Refuse .................................................................................................................13
1.47 Regular Bin Collection Service ............................................................................13
1.48 Regular Rolloff Collection Service.......................................................................13
1.49 Residential Premises...........................................................................................13
1.50 Rolloff Box...........................................................................................................13
1.51 Rolloff Collection Service....................................................................................14
1.52 Rolloff Compactor...............................................................................................14
1.53 Rubbish ...............................................................................................................14
1.54 Scavenging ..........................................................................................................14
1.55 Scout Truck .........................................................................................................14
1.56 Service Area ........................................................................................................14
1.57 Single-family Residential Premises.....................................................................14
1.58 Solid Waste .........................................................................................................15
1.59 Solid Waste Facility.............................................................................................15
1.60 Solid Waste Collection Services..........................................................................15
1.61 Term....................................................................................................................15
1.62 Transformation...................................................................................................15
1.63 Transformation Facility.......................................................................................15
1.64 Waste Generator................................................................................................16
1.65 Work Day ............................................................................................................16 Section 2 Grant Of Right And Privilege To Collect Solid Waste ...................................17
2.1 Grant of Exclusive Rights....................................................................................17
2.2 Limitations to Scope of Exclusive Agreement ....................................................17
2.3 Enforcement of Exclusive Rights ........................................................................19
2.4 Annexation..........................................................................................................19 Section 3 Representations and Warranties .................................................................20 Section 4 Effective Date and Term...............................................................................22
4.1 Conditions to Effectiveness of Agreement.........................................................22
4.2 Effective Date .....................................................................................................22
4.3 Term....................................................................................................................22 Section 5 Scope of Services..........................................................................................23
5.1 Solid Waste Collection – General .......................................................................23 September 5, 2023, Reg. CC Mtg., Page #384
iii
5.2 Single-family Collection ......................................................................................23 Single-family Collection – General............................................................ 23 Cart Collection Service - Refuse................................................................ 23 Cart Collection Service - Recyclables........................................................ 24 Cart Collection – Green Waste ................................................................. 24 Backyard Cart Collection Service .............................................................. 25 Bin Collection Service – Single-family....................................................... 25 Rolloff Collection Service – Single-family ................................................. 25 Backyard Compost Program..................................................................... 25 Holiday Trees............................................................................................ 26 Bulky Item Collection – On-call................................................................. 26 E-waste and Dry Cell Batteries ................................................................. 27
5.3 Commercial and Multi-family Collection............................................................27 Commercial and Multi-family Collection – General ................................. 27 Bin Collection - Refuse.............................................................................. 27 Bin and Cart Collection – Recyclables....................................................... 28 Bin and Collection - Organics.................................................................... 28 Refuse Cart Collection – Multi-family....................................................... 28 Scout Service............................................................................................. 28 Push Out Service....................................................................................... 29 Backout Fees............................................................................................. 29 Multi-family Holiday Trees ....................................................................... 29 Multi-family Bulky Item Collection – On Call............................................ 29
5.4 Rolloff Collection Service....................................................................................30 Rolloff Collection Service - General.......................................................... 30 Regular Rolloff Collection Service............................................................. 31 Rolloff Collection – Construction and Demolition Debris ........................ 31 Rolloff Collection – Source Separated Recyclables .................................. 32
5.5 City Facilities.......................................................................................................32
5.6 City-sponsored Special Events............................................................................32
5.7 Community Development Review......................................................................32 Section 6 Operations Personnel and Equipment.........................................................33
6.1 Operations..........................................................................................................33 Manner of Collection................................................................................ 33 Hours of Collection ................................................................................... 33 Holidays .................................................................................................... 33 Complaints for Missed Collections........................................................... 33 Hazardous Waste Inspection and Reporting ............................................ 34 Refusal to Collect...................................................................................... 34 Load Weight.............................................................................................. 34 Private Streets and Alleys......................................................................... 34 Property Damage...................................................................................... 35 Route Maps and Changes......................................................................... 35 September 5, 2023, Reg. CC Mtg., Page #385
iv
Route Audits............................................................................................. 35 Commingling of Routes ............................................................................ 35
6.2 Personnel............................................................................................................36 Qualifications............................................................................................ 36 Conduct..................................................................................................... 36 Fees and Gratuities................................................................................... 36 Drug and Alcohol Testing.......................................................................... 36 Service Supervisor .................................................................................... 37 Non-discrimination................................................................................... 37 Lockouts.................................................................................................... 37
6.3 Vehicles...............................................................................................................38 General ..................................................................................................... 38 Appearance............................................................................................... 38 Maintenance............................................................................................. 38 Emissions.................................................................................................. 39 Noise ......................................................................................................... 39 Safety ........................................................................................................ 39 Vehicles Used for Bulky Items.................................................................. 39 Inspection of Vehicles............................................................................... 39
6.4 Containers...........................................................................................................40 Carts.......................................................................................................... 40 Cart Exchange ........................................................................................... 41 Cart Replacement..................................................................................... 41 Ownership of Carts................................................................................... 41 Bins ........................................................................................................... 42 Bin Replacement....................................................................................... 42 Locking Bins .............................................................................................. 42 Rolloff Boxes............................................................................................. 42 Rolloff Compactors................................................................................... 43 Section 7 Customer Service..........................................................................................44
7.1 Office Hours........................................................................................................44
7.2 Service Complaints .............................................................................................44
7.3 Response to Calls................................................................................................44
7.4 Emergency Telephone Number..........................................................................45
7.5 Customer Education Program ............................................................................45
7.6 Additional Education Programs..........................................................................46
7.7 Website...............................................................................................................46
7.8 Media Relations..................................................................................................46
7.9 Customer Privacy................................................................................................47
7.10 Use of Program Name ........................................................................................47 Section 8 Flow Control; and Marketing of Recyclables................................................48
8.1 Ownership of Solid Waste ..................................................................................48 September 5, 2023, Reg. CC Mtg., Page #386
v
8.2 City’s Ability to Control the Flow of Solid Waste................................................48
8.3 Marketing of Recyclables....................................................................................48
8.4 Recycling-Changes to Work................................................................................49 Section 9 Rates And Billing...........................................................................................50
9.1 Rates...................................................................................................................50
9.2 Adjustment of Rates...........................................................................................50 Diversion Data Required for Rate Adjustment......................................... 52 Calculation of Rate Adjustment - Overview ............................................. 53 Rate Adjustment Step 1 – Weight of Collection Cost Categories............. 53 Rate Adjustment Step 2 – Percent Change in Collection Component ..... 54 Rate Adjustment Step 3 – Percent Change in Disposal Component........ 55 Rate Adjustment Step 4 – Adjustment to Current Rates ......................... 56
9.3 Adjustments to Generation Factors...................................................................56
9.4 Extraordinary Rate Adjustment..........................................................................57
9.5 Resolution of Disputes Regarding Rate Adjustments.........................................57
9.6 Billing and Payment............................................................................................58 Billing - General ........................................................................................ 58 Single-family ............................................................................................. 58 Senior Citizen Discount............................................................................. 58 Annual Pre-payment Discount.................................................................. 59 Commercial and Multi-family................................................................... 59 Rolloff........................................................................................................ 59 Rolloff - COD ............................................................................................. 59 Start and Stop Service – Vacant Residential Units................................... 60 Payment and Collection............................................................................ 60 Delinquent Accounts – Single-family and Multi-family Carts................... 61 Delinquent Accounts – Commercial Cart and Bin Customers.................. 61 Delinquent Accounts – Rolloff Customers................................................ 62 Section 10 Fees Paid to City ...........................................................................................63
10.1 Franchise Fee......................................................................................................63
10.2 Administrative Fee..............................................................................................63
10.3 Franchise and Administrative Fee Payment.......................................................63
10.4 Reimbursement of City Expenses.......................................................................63
10.5 Reimbursement for Rate Setting and Administrative Hearing...........................63
10.6 Acceptance of Payments by the City ..................................................................64 Section 11 Contractor’s Books And Records; Audits......................................................65
11.1 Record Retention................................................................................................65
11.2 Hazardous Waste Diversion Records..................................................................65
11.3 Right to Inspect Records.....................................................................................65
11.4 Overpayment or Underpayment........................................................................65
11.5 Records for Competitive Procurement...............................................................66 September 5, 2023, Reg. CC Mtg., Page #387
vi
11.6 Potentially Lost or Discarded Records................................................................66
11.7 Other Records.....................................................................................................66 Section 12 Minimum Diversion Requirements..............................................................67
12.1 Minimum Diversion Requirement......................................................................67
12.2 Failure to Meet Minimum Diversion Requirement............................................67
12.3 AB 939 Performance...........................................................................................67
12.4 Waste Generation and Characterization Studies...............................................67 Section 13 Reports and Other Information....................................................................69
13.1 Reports - General................................................................................................69
13.2 Quarterly Reports...............................................................................................69
13.3 Annual Report.....................................................................................................70
13.4 Reporting of Adverse Information......................................................................70
13.5 Failure to Report.................................................................................................70 Section 14 Indemnification, Insurance and Performance Bond ....................................71
14.1 Indemnification of City .......................................................................................71
14.2 Hazardous Substances Indemnification .............................................................72
14.3 Environmental Indemnification..........................................................................72
14.4 Proposition 218 Indemnification........................................................................73
14.5 Sole Negligence or Willful Misconduct of City ...................................................74
14.6 Indemnification by Subcontractors....................................................................74
14.7 Separate Counsel................................................................................................74
14.8 Insurance ............................................................................................................74 General Requirements.............................................................................. 74 Coverage and Limits ................................................................................. 74 Deductibles and Self-insured Retention................................................... 75 Other Insurance Provisions ...................................................................... 75 Subcontractors Required to Carry Insurance ........................................... 77 Rights of Subrogation ............................................................................... 77 Modification of Insurance Requirements................................................. 77 Evidence of Coverage; Insurance Repository ........................................... 78
14.9 Performance Bond or Letter of Credit................................................................78 Performance Bond.................................................................................... 78 Letter of Credit ......................................................................................... 79 Failure to Perform; Forfeiture of Performance Bond............................... 79 Section 15 Emergency Service .......................................................................................80
15.1 Preparedness......................................................................................................80
15.2 Assistance with Disaster Recovery .....................................................................80
15.3 Additional Costs..................................................................................................80
15.4 City-wide Effort to Manage Disaster Debris.......................................................81
15.5 Record Keeping and Reimbursement.................................................................81 September 5, 2023, Reg. CC Mtg., Page #388
vii
Section 16 Billing Audits and Performance Reviews......................................................82
16.1 Billing and Performance Audit............................................................................82 Selection and Cost .................................................................................... 82 Purpose..................................................................................................... 82 Contractor’s Cooperation......................................................................... 82
16.2 City Requested Program Review ........................................................................83
16.3 Cooperation with Other Program Reviews ........................................................83 Section 17 Modifications to the Agreement..................................................................84
17.1 Agreement Modifications and Changes in Law..................................................84
17.2 Compensation Adjustments...............................................................................84
17.3 City-directed Changes.........................................................................................85
17.4 Service Proposal .................................................................................................85
17.5 City May Permit Other Contractors to Provide Service......................................85
17.6 Monitoring and Evaluation.................................................................................86
17.7 Dispute Resolution – Modifications to Agreement............................................86 Section 18 Liquidated Damages.....................................................................................88
18.1 Liquidated Damages...........................................................................................88
18.2 Procedure for Assessment of Liquidated Damages............................................89 Section 19 Events of Default; Administrative Remedies; Termination..........................91
19.1 Events of Default ................................................................................................91
19.2 Waiver of Rights .................................................................................................92
19.3 Notice of Deficiencies; Response .......................................................................92
19.4 Review by City Manager; Notice of Appeal........................................................93
19.5 City Council Hearing............................................................................................93
19.6 City Council Determination ................................................................................94
19.7 Appeal to Mediator ............................................................................................95
19.8 Negotiation and Mediation ................................................................................95
19.9 Confidentiality ....................................................................................................95
19.10 Injunctive Relief..................................................................................................96
19.11 Continuing Obligation.........................................................................................96
19.12 Failure of Mediation ...........................................................................................96 Section 20 Failure to Perform ........................................................................................97 Section 21 Transfer or Assignment ................................................................................98 Section 22 General Provisions........................................................................................99
22.1 Force Majeure.....................................................................................................99
22.2 Independent Status............................................................................................99
22.3 Permits and Licenses ..........................................................................................99
22.4 Ownership of Electronic and Written Materials ..............................................100
22.5 Transition to Next Contractor...........................................................................100 September 5, 2023, Reg. CC Mtg., Page #389
viii
22.6 Waiver...............................................................................................................100
22.7 Right to Require Performance..........................................................................101
22.8 Joint Drafting ....................................................................................................101
22.9 Headings...........................................................................................................101
22.10 Exhibits..............................................................................................................101
22.11 Compliance with Laws and Regulations...........................................................101
22.12 Changes in Municipal Code ..............................................................................101
22.13 Law to Govern; Venue ......................................................................................101
22.14 Amendments....................................................................................................102
22.15 Notices..............................................................................................................102
22.16 Severability .......................................................................................................103
22.17 Attorney’s Fees.................................................................................................103
22.18 Entire Agreement .............................................................................................104 Exhibit A – Residential Rate Schedule
Exhibit B – Multi-family Rate Schedule
Exhibit C – Commercial Rate Schedule
September 5, 2023, Reg. CC Mtg., Page #390
City of Lomita
Solid Waste Collection Agreement
1 of 105
AGREEMENT FOR
SOLID WASTE COLLECTION SERVICE
This AGREEMENT FOR SOLID WASTE COLLECTION SERVICE ("Agreement") is entered into this ___ day of __________, 2019, by and between the CITY OF LOMITA ("City"), a California municipal corporation, and CalMet Services, Inc., a California corporation (“Contractor”), for the Collection, transportation, recycling, processing, composting and disposal of solid waste.
R E C I T A L S
WHEREAS; the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (Act) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require cities to make adequate provisions for Solid Waste Collection within their jurisdiction
WHEREAS, Public Resources Code Section 40059 authorizes the citiesto determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of Collection, means of Collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling service; (ii) whether the services are to be provided by means of non-exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require by partially exclusive or wholly exclusive franchise, contract, license, permit or otherwise, either with or without competitive bidding; and,
WHEREAS, Public Resources Code Section 40900 et. seq. establishes a solid waste management process that requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices; and, WHEREAS, the City is obligated to protect the public health and safety of the residents and businesses of the City of Lomita, and Collection of solid waste should be undertaken in a manner consistent with the exercise of the City's obligations for the protection of public health and safety; and
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WHEREAS, the City and Contractor are mindful of the provisions of the laws governing the safe Collection, transport, recycling and disposal of solid waste, including California Public Resources Code Section 40000 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq. and the Comprehensive Environmental Response, Compensation and Liability Act (" "), 42 U.S.C. §§ 9601 et seq.; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, and not City, which shall Collect from premises in the City of Lomita, transport and dispose of solid wastes (which may contain small amounts of consumer products with the characteristics of hazardous substances); Collect, transport, and recycle and/or compost organic waste and recyclable solid wastes Collected from premises in the City of Lomita; and WHEREAS, City and Contractor are mindful of new laws adopted by the State of California intended to divert recyclables and organic materials from being landfilled. AB 341 mandates that commercial waste generators arrange for recycling services. AB 1826 mandates that commercial waste generators recycle their organic waste. AB 1594 will end the practice of excluding organic material used as Alternative Daily Cover (ADC) from the calculation of a jurisdiction’s total per capita amount of waste disposed. SB 1383 allows the Department of Resources Recycling and Recovery (CalRecycle) to implement new regulations on local jurisdictions if significant progress has not been made in certain waste reduction goals by 2020, and;
WHEREAS, Contractor represents and warrants to City that it has the experience, responsibility and qualifications to conduct recycling programs, to provide City with information sufficient to meet the City's reporting requirements under AB 939, to assist the City in meeting City's other requirements under AB 939, to Collect, transport and dispose of solid waste in a safe manner which will minimize the adverse effects of Collection vehicles on air quality and traffic and has the ability to indemnify the City against liability under CERCLA; and
WHEREAS, the City Council of the City of Lomita determines and finds pursuant to California Public Resources Code Section 40059(a)(1), that the public health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from September 5, 2023, Reg. CC Mtg., Page #392
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excessive numbers of Collection vehicles, and the protection of the City against CERCLA liability, justify awarding to Contractor a contract for Collection, recycling and disposal of solid waste from premises in the City of Lomita.
WHEREAS, the City's primary goals in entering into this Agreement are to ensure that the Collection Services are of the highest caliber, that Customer satisfaction remains at the highest level, that the environment is protected, that maximum diversion levels are achieved, and that materials collected are put to the highest and best use.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, the parties hereby agree as follows:
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Section 1 DEFINITIONS
The terms used in this Agreement shall have the meaning set forth in this section. In the event a term is not defined in this section, then it shall have the meaning set forth in the Lomita Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources Code (with precedence given to definitions in the Lomita Municipal Code over conflicting definitions contained in the Public Resources Code). Except as provided in this section, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following meanings:
1.1 AB 939
‘AB 939’ 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 (CalRecycle), or its successor agency.
1.2 Agreement
‘Agreement’ means this agreement between City and Contractor, including all exhibits, and any future amendments hereto.
1.3 Backyard Cart Collection Service
‘Backyard Cart Collection Service’ means a service that entails the driver retrieving all the Customer’s Carts from the sideyard or backyard of the Customer’s Premises, and returning them to their original location after the driver has emptied them into the Collection vehicle.
1.4 Bin
‘Bin’ means a Container with plastic lids and a capacity from 2 to 6 cubic yards, which is typically emptied by a front-loading Collection vehicle.
1.5 Bin Collection Service
‘Bin Collection Service’ means providing Solid Waste Collection Services using Bins.
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1.6 Bulky Items
‘Bulky Items’ means Solid Waste that cannot or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); electronic waste (including stereos, televisions, laptop computers, computers and computer monitors, microwaves and other similar items discarded from Premises); fluorescent bulbs; household batteries; and clothing. Bulky Items include tree trunks and large branches that do not exceed two (2) feet in diameter or four (4) feet in length. Bulky Items do not include Green Waste that is bundled and placed for Collection. Bulky Items do not include car bodies, auto parts, tires, Construction and Demolition Debris, or items requiring more than two persons to remove.
1.7 C&D Processing Facility
‘C&D Processing Facility’ means any facility that is designed, operated and legally permitted for the purpose of receiving and processing Construction and Demolition Debris.
1.8 CalRecycle
‘CalRecycle’ means the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency.
1.9 Cart
‘Cart’ means a plastic Container with wheels and a hinged lid with a capacity from 32 to 101 gallons, which is typically emptied by an automated side-loading Collection vehicle.
1.10 Cart Collection Service
‘Cart Collection Service’ means Collection Service using Carts. This includes service provided to Single-family Premises (excluding those single-family customers that elect to use Bin Collection Service), Customers on Commercial Premises that generate small quantities of waste and elect to use Cart Collection Service, and Customers on Multifamily Premises with individual storage capacity to store Carts with access to curbside service from side-loading Collection vehicles.
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1.11 City
‘City’ means the City of Lomita, California, a municipal corporation, and all the territory lying within the municipal boundaries of the City as it currently exists, or as such boundaries may be adjusted.
1.12 City Manager
‘City Manager’ means the City Manager or the person designated by the City Manager to administer this Agreement.
1.13 Collection
‘Collect or Collection’ means the act of collecting Solid Waste, Recyclable Materials, Green Waste, Organic Materials, C&D Debris, Bulky Items, and other material from the Designated Collection Location in the City and delivering that material to a Disposal Facility, Material Recovery Facility, Organics Processing Facility, or other approved facility pursuant to this Agreement.
1.14 Commercial Customer
‘Commercial Customer’ means any Person occupying a Commercial Premises and receiving Solid Waste Collection Services from Contractor within the City pursuant to this Agreement.
1.15 Commercial Premises
‘Commercial Premises’ means all premises in the city, other than Residential Premises, where Solid Waste is generated or accumulated. The term ‘Commercial Premises’ is a reference to location, and not to ownership.
1.16 Compactor
‘Compactor’ means any Bin or Rolloff Box that has a compaction mechanism, whether stationary or mobile.
1.17 Composting or Compost
‘Composting or Compost’ means the controlled biological decomposition of Green Waste or Organic Materials into fertilizer, soil amendments, or other useful products.
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1.18 Construction and Demolition Debris
‘Construction and Demolition Debris’ or ‘C&D Debris’ means waste building materials, asphalt, concrete, drywall, metals, roofing materials, soils, wood, packaging, and rubble resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial, industrial or institutional buildings and other properties or structures.
1.19 Container
‘Container’ means any Cart, Bin, Rolloff Box, can, or other approved receptacle used or intended to be used for the purpose of holding Solid Waste for Collection.
1.20 Customer
‘Customer’ means any Person receiving Solid Waste Collection Services from Contractor within the City pursuant to this Agreement.
1.21 Designated Collection Location
‘Designated Collection Location’ means the place where the Customer shall place, and from where the Contractor is to Collect, Solid Waste in Containers designed for that purpose.
1.22 Disposal
‘Disposal’ means the final deposition of Solid Waste at a permitted landfill that is in full compliance with all laws and regulations.
1.23 Disposal Site
‘Disposal Site’ means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the Disposal of Solid Waste.
1.24 Dwelling Unit
‘Dwelling unit’ means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a longSeptember 5, 2023, Reg. CC Mtg., Page #397 City of Lomita
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term basis. Types of dwellings include single-family dwellings, duplexes, multifamily dwellings, mobile homes, condominiums and townhouses.
1.25 Food Waste
‘Food Waste’ means waste that will decompose and/or putrefy and is segregated for Collection and Recycling. Food waste includes: (i) kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper that is contaminated with Food Waste; and, (iv) fruit waste, grain waste, dairy waste, meat, and fish waste.
1.26 Franchise
‘Franchise’ means the exclusive right and privilege to provide Solid Waste Collection services within the City granted by City to Contractor pursuant to the City’s authority under Article 11, Section 7 of the State of California Constitution, and Section 40059 of the Public Resources Code.
1.27 Franchise Fee
‘Franchise Fee’ means the fee paid by Contractor to City pursuant to Section 10.1 of this Agreement as consideration for the exclusive right and privilege to Collect Solid Waste services in the City.
1.28 Garbage
‘Garbage’ means all putrescible waste which generally includes, but is not limited to, animal, vegetative, food or any other waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials attributed to normal activities of a Service Unit. Garbage must be generated by and at the Customer wherein the Garbage is Collected. Garbage does not include those items defined herein as Food Waste or Exempt Waste.
1.29 Green Waste
‘Green Waste’ means non-contaminated material composed of organic matter or plant matter which is the result of seasonal variations or landscape and gardening activities.
Green waste includes, without limitation, grass clippings, shrubbery, leaves, tree trimmings, branches, flowers, plant stalks, wood and other plant material. Green Waste September 5, 2023, Reg. CC Mtg., Page #398
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does not include yucca, cactus, palm fronds, or stumps or branches exceeding six inches (6") in diameter or four feet (4') in length.
1.30 Green Waste Processing Facility
‘Green Waste Processing Facility’ means any facility that is designed, operated and legally permitted for the purpose of receiving and processing Green Waste.
1.31 Gross Revenues
‘Gross Revenues’ means any and all revenue or compensation in any form derived directly or indirectly by Contractor, its affiliates, subsidiaries, parents and any person or entity in which Contractor has a financial interest, from the Collection, transportation, processing, disposal and other services with respect to Solid Waste Collected within the City of Lomita, including Recyclable Materials, Food Waste and Green Waste, pursuant to this Agreement. ‘Gross Revenues’ include, but are not limited to, monthly customer fees for Collection of Solid Waste, including recyclable Solid Waste, Food Waste and Green Waste, special pickup fees, Rolloff Box Container rental and Collection fees and fees for redelivery of Rolloff Box Containers without subtracting Franchise Fees or any other cost of doing business, but excludes revenues from the sale of Recyclable Materials and recyclable Solid Waste
1.32 Hazardous Substance
"Hazardous Substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Waste", "toxic waste", "pollutants" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, 25316, 25501 and 25501.1; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b) any substances defined, regulated or listed by any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local environmental laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, September 5, 2023, Reg. CC Mtg., Page #399
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polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products.
1.33 Hazardous Waste
‘Hazardous Waste’ means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. ‘Hazardous Waste’ includes all substances defined as Hazardous Waste, Acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition.
1.34 Holiday
‘Holiday’ means New Years’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
1.35 Household Hazardous Waste
‘Household Hazardous Waste’ means Hazardous Waste generated at a Single-family and Multi-family Residential Premises.
1.36 Material Recovery Facility
’Material Recovery Facility’ means a facility licensed or permitted in accordance with AB 939 which separates Recyclable Materials, and processes them for sale to brokers and end users.
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1.37 Medical Waste
‘Medical waste’ means any biohazardous waste or sharps waste that is composed of, generated or produced as a result of any of the following actions:
(1) Diagnosis, treatment, or immunization of human beings or animals. (2) Medical research involving the diagnosis, treatment or immunization of human beings or animals.
(3) The production or testing of medicinal preparations made from living organisms and their products, including, but not limited to, serums, vaccines, antigens, and antitoxins. (4) The accumulation of properly contained home-generated sharps waste that is brought to a point of consolidation approved by the enforcement agency pursuant to Section 117904 or authorized pursuant to Section 118147. (5) Removal of a regulated waste from a trauma scene by a trauma scene waste management practitioner.
Medical Waste that has been properly treated or autoclaved and that is not otherwise hazardous shall thereafter be considered Solid Waste.
1.38 Multi-family Residential Customer
‘Multi-family Residential Customer’ means any Person occupying a Multi-family Residential Premises and receiving Solid Waste Collection Services from Contractor within the City pursuant to this Agreement.
1.39 Multi-family Residential Premises
"Multi-family premises" means any residential property in the City containing six (6) or more Dwelling Units.
1.40 Non-collection Notice
‘Non-Collection Notice’ means a form developed by Contractor, and approved by City, to notify Customers of the reason for non-collection of materials set out by the Customer for Collection by Contractor pursuant to this Agreement.
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1.41 Organic Waste
‘Organic Waste’ or ‘Organics’ means Green Waste, Food Waste, manure, and any other organic waste material which is acceptable to be delivered to an organics processing facility such as an anaerobic digester, or composting facility.
1.42 Person
‘Person’ means any individual, firm, association, organization, partnership, corporation, business trust, or joint venture.
1.43 Premises
‘Premises’ means a tract or lot of land within the City where Solid Waste is generated or accumulated.
1.44 Recyclables or Recyclable Materials
‘Recyclables’ or ‘Recyclable Materials’ means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Garbage. Recyclable Materials include those materials defined by the City, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin" cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; #1-7 plastics regardless of form or mold (including but not limited to plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aseptic containers, aluminum foil and pans; and those materials added by Contractor from time to time.
1.45 Recycle or Recycling
‘Recycle’ or ‘Recycling’ means the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become waste and returning those 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.
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Recycling does not include Transformation as defined in Public Resources Code Section 40201.
1.46 Refuse
‘Refuse’ means Garbage and Rubbish.
1.47 Regular Bin Collection Service
‘Bin Collection Service’ means using Bins to provide Solid Waste Collection Services to established residential, retail, commercial, and industrial facilities that require Collection service on a regular, ongoing, and indefinite basis. ‘Bin Collection Service’ includes providing Solid Waste Collection Services to established Multi-family Premises with enclosure(s) or dedicated space(s) in common areas to accommodate Bins serviced by front-loading Collection vehicles. ‘Bin Collection Service’ includes providing Collection service using Bins to established Commercial Premises, but does not include providing service to: 1) Commercial Premises that generate small quantities of waste and elect to use Cart Collection Service, or, 2) Commercial Premises that generate large quantities of waste that elect to use Rolloff Collection Service.
1.48 Regular Rolloff Collection Service
‘Regular Rolloff Collection Service’ means using Rolloff Boxes or Rolloff Compactors to provide Solid Waste Collection Services to established retail, commercial, and industrial facilities that require Rolloff Service on a regular, ongoing, and indefinite basis.
1.49 Residential Premises
‘Residential’ or ‘Residential Premises’ includes single-family residences and multifamily residences, including apartments and condominiums (in which each unit has separate cooking and bathing facilities). The terms do not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places. ‘Residential’ or ‘residential premises’ is a reference to location, and not to ownership or to an interest in property.
1.50 Rolloff Box
‘Rolloff Box’ means an open top metal Container with a capacity from 10 to 40 cubic yards, which is designed to be pulled onto a rolloff vehicle.
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1.51 Rolloff Collection Service
‘Rolloff Collection Service’ means providing Solid Waste Collection Services using Rolloff Boxes or Rolloff Compactors.
1.52 Rolloff Compactor
‘Rolloff Compactor’ means an enclosed metal Container equipped with a hydraulic packing ram with a capacity from 15 to 35 yards, which is designed to be pulled onto a rolloff vehicle.
1.53 Rubbish
‘Rubbish’ means, without limitation, the following items: waste and refuse capable of burning readily, including straw, packing materials, leather, rubber, clothing, bedding, books, rags and all similar articles which will burn by contact with flames or ordinary temperatures; and ashes, crockery, china, pottery, metal wire and other similar materials.
1.54 Scavenging
‘Scavenging’ means the unauthorized removal of Recyclables that have been set out for Collection.
1.55 Scout Truck
‘Scout Truck means a heavy-duty service truck with forks used to pre-position Bins to the Designated Collection Location. Scout Trucks are smaller than regular route Collection vehicles, and able to more easily navigate long, steep, winding, or narrow roads or driveways, or roads that are in poor condition.
1.56 Service Area
‘Service Area’ means that area within the corporate limits of the City of Lomita, California.
1.57 Single-family Residential Premises
‘Single-family Residential Premises’ means any Residential Premises in the City, except multiple dwellings containing six (6) or more Dwelling Units. Single-family residential includes not only single-family residences, but also those residences, including September 5, 2023, Reg. CC Mtg., Page #404
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apartments and condominiums (in which each unit has separate cooking and bathing facilities) of five (5) or fewer Dwelling Units.
1.58 Solid Waste
‘Solid Waste’ means all putrescible and non-putrescible solid, semisolid wastes, including Garbage, trash, Refuse, paper, Rubbish, ashes, industrial wastes, Construction and Demolition Debris, discarded home appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. ‘Solid Waste’ includes Recyclable Materials, Organics, Green Waste, Construction and Demolition Debris, and Bulky Items. Solid Waste does not include Hazardous Waste, or untreated Medical Waste.
1.59 Solid Waste Facility
‘Solid Waste Facility’ means a solid waste transfer or processing station, a composting facility, a gasification facility, a Transformation Facility, or a Disposal Site.
1.60 Solid Waste Collection Services
‘Solid Waste Collection Services’ means the Collection, transportation, storage, transfer, processing, and Disposal of Solid Waste.
1.61 Term
‘Term’ means the Term of this Agreement, including any agreed upon extension periods, as provided for in Section 4.3.
1.62 Transformation
“Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. ‘Transformation’ does not include composting, or biomass conversion.
1.63 Transformation Facility
“Transformation Facility” means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, distillation, or biological conversion other than composting. A ‘Transformation Facility’ does not include a composting facility or a biomass conversion facility.
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1.64 Waste Generator
‘Waste Generator’ means the owner or occupant of premises that initially produces Solid Waste.
1.65 Work Day
‘Work Day’ means any day, Monday through Saturday, which is not a Holiday as set forth in Section 6.1.3 of this Agreement.
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Section 2 GRANT OF RIGHT AND PRIVILEGE TO COLLECT SOLID WASTE
2.1 Grant of Exclusive Rights
This Agreement grants to Contractor for the Term of this Agreement during which Solid Waste Handing Service is to be provided, the exclusive right and privilege to Collect, transport, process, recycle, compost, retain and dispose of Solid Waste Collected from Single-family, Multi-family, and Rolloff Customers, as defined in this Agreement, produced, generated and/or accumulated within the City, except as otherwise provided below. No other services shall be exclusive to the Contractor.
2.2 Limitations to Scope of Exclusive Agreement
The exclusive franchise, right and privilege to provide Solid Waste Collection Services at Premises within City granted to Contractor by this Agreement specifically excludes the following services, which services may be provided by Persons other than Contractor or which may be the subject of other permits, licenses, franchises or agreements issued or entered by City:
1. The sale or donation of source-separated Recyclable Material by the Waste Generator or Customer to any Person other than Contractor; provided, however, to the extent permitted by law, if the Waste Generator or Customer is required to pay monetary or nonmonetary consideration for the Collection, transportation, transfer, or processing of Recyclable Material, then itshall not be considered a sale or donation.
2. Solid Waste, including Recyclable Materials and Green Waste, which is removed from any Premises by the Waste Generator, and which is transported personally by such Generator (or by his or her full-time employees) to a processing facility or Disposal Site in a manner consistent with all applicable laws and regulations.
3. Recyclable Materials, Organic Waste or Bulky Wastes which are source separated at any premises by the waste generator and donated to youth, civic or charitable organizations.
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4. Recyclables delivered to a recycling center or drop-off station by the Waste Generator for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et seq.
5. Bulky Waste removed from a Single-Family Residential Premises by a property cleanup or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service.
6. Green Waste removed from a Premises by a gardening, landscaping, or tree trimming Contractor, utilizing its own equipment, as an incidental part of a total service offered by that Contractor rather than as a hauling service.
7. The Collection, transfer, transport, Recycling, and processing of animal byproducts, fats, oils, or grease to be rendered and used as tallow.
8. The Collection, transfer, transport, Recycling, processing, and disposal of byproducts of sewage treatment, including sludge, sludge ash, grit and screenings.
9. The Collection, transfer, transport, Recycling, processing, and disposal of Hazardous Substances, Hazardous Waste, untreated Medical Waste, and radioactive waste regardless of its source.
10.Construction and Demolition Debris which is removed by a duly-licensed construction or demolition company (e.g., with a State contractor license type C21) or as part of a total service offered by said licensed company or by the City, where the licensed company utilizes its own loaders and dump trucks.
11.The Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste by City through City officers or employees in the normal course of their City employment.
12. Solid Waste Collection Services for governmental agencies other than City, which may have facilities in City, but over which City has no jurisdiction in connection with the regulation of Solid Waste.
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The exclusive franchise, right and privilege to provide Solid Waste Collection Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable state and federal laws, now in effect and adopted during the Term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and developing laws and regulations. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth in this Agreement, the scope of this Agreement shall be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor resulting from any change in law.
2.3 Enforcement of Exclusive Rights
Contractor shall be responsible for enforcing the exclusive rights in this Agreement. City shall reasonably assist Contractor in its efforts to enforce the exclusivity of this Agreement. In addition, City shall adopt such ordinances or other regulations as it deems to be necessary or desirable to protect the exclusive rights granted in this Agreement. City shall have the right, but not the obligation, to enforce the exclusivity in this Agreement, including by instituting appropriate legal proceedings, and/or to request that Contractor do so. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. Contractor shall reimburse City for its reasonable legal costs, extraordinary administrative costs (including staff time), or other expenses incurred in connection with City's actions to either enforce the exclusivity in this Agreement, or to assist Contractor in doing so.
2.4 Annexation
Contractor’s rights and obligations in this Agreement shall apply in any territory annexed to the City during the Term of this Agreement, except to the extent that the application of such rights and obligations within such annexed territory would violate the provisions of Public Resources Code Section 49520. In such event, this Agreement shall become effective as to such area at the earliest possible date permitted by law. If upon annexation Contractor is permitted to provide Solid Waste Collection Services to Customers in the annexed territory pursuant to preexisting rights granted by another jurisdiction, Contractor shall provide all such Customers in the annexed area with the same services, at the same rates, as are available to Customers pursuant to the terms of this Agreement.
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Section 3 REPRESENTATIONS AND WARRANTIES
Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement, all of which shall be true as of the Effective Date of this Agreement:
1. Contractor is a validly existing corporation under the laws of the State of California.
2. Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations in this Agreement: (1) conflicts with, violates or results in a breach of any applicable law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor.
3. There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations in this Agreement or which would have a material adverse effect on the financial condition of Contractor.
4. Contractor has no knowledge of any applicable law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby.
5. Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not September 5, 2023, Reg. CC Mtg., Page #410
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impair its ability to perform the work and provide the Solid Waste Collection services required by this Agreement.
6. The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in its proposal to the City, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement.
7. This Agreement supersedes and replaces the two previous agreements between the City and Contractor, the Residential Collection Agreement, and the Commercial Collection Service Agreement, both dated October 1, 2009, with the exception of the provisions of those agreements that specifically survive the expiration of the term of those agreements. Those provisions that survive the expiration of the term of those agreements include, but are not limited to, Section 19.8 – CERCLA Defense Records, Section 20.2 – Indemnification, Section 20.11 – Environmental Indemnification, and Section 20.22 – Evidence of Insurance; Insurance Repository.
Contractor’s similar obligations under this agreement survive termination of this agreement and expiration of the term of this agreement. By way of example, those sections include Section 11 and Section 14 and as otherwise noted in this agreement.
September 5, 2023, Reg. CC Mtg., Page #411
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Section 4 EFFECTIVE DATE AND TERM
4.1 Conditions to Effectiveness of Agreement
The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement, and a condition of Contractor's continued right to the benefits conveyed in this Agreement:
1. Accuracy of Representation - All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true, and correct on and as of the Effective Date of this Agreement.
2. Absence of Litigation - There shall be no litigation pending in any court challenging the award of this Agreement to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance.
3. Furnishing of Insurance, Bond, and Letter of Credit - Contractor shall have furnished the evidence of insurance, and performance bond required by this Agreement.
4. Effectiveness of City Council Action - City Council's Ordinance or Resolution approving this Agreement shall have become effective pursuant to California law.
5. Administrative Fee - Contractor shall have paid to the City the Administrative Fee pursuant to Section 10.2 of this Agreement.
4.2 Effective Date
The ‘Effective Date’ of this Agreement shall be the date upon which all the conditions set forth in the above section have been accomplished, and have been accepted in writing by the City.
4.3 Term
Contractor shall provide Solid Waste Collection Services and Disposal Services in accordance with this Agreement for a period of eight (8) years beginning July 1, 2019 through midnight on June 30, 2027 (the “Term”), unless this Agreement is terminated sooner pursuant to Section 19 of this Agreement.
September 5, 2023, Reg. CC Mtg., Page #412
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Section 5 SCOPE OF SERVICES
5.1 Solid Waste Collection – General
To protect the public health and safety, Contractor shall provide all labor, equipment, material, supplies, supervision and all other items necessary for the Collection of all Solid Waste generated or accumulated within the City from all Customers covered by this Agreement at least once per week. The services provided by Contractor under this Agreement shall be performed in a thorough and professional manner so that all Customers are provided at all times with reliable, courteous and high-quality Solid Waste Collection Services.
5.2 Single-family Collection
Single-family Collection – General
Contractor shall Collect and Dispose or Process all Solid Waste properly placed out for Collection by Single-family Customers at the Designated Collection Location not less than once per week using automated Collection vehicles and automated Carts. In some cases, Contractor may Collect Solid Waste from Single-family Customers using Bins or Rolloff Boxes.
Pursuant to Section 5-3.10 (c) of the Lomita Municipal Code, City shall require all singlefamily premises to subscribe to Collection service provided by Contractor. City at its sole discretion shall have the right to waive this requirement for individual Customers on a case-by-case basis. City shall notify Contractor of any such wavier in writing or via email.
The Designated Collection Location for Single-family Customers shall be at the curb unless the Premises does not have curbside access, in which case the Designated Collection Location shall be in the alley behind the Premises. A Cart shall be considered properly placed out for Collection if it is feasibly accessible by Contractor’s Collection vehicles.
Notwithstanding the above, if a Customer and Contractor cannot agree upon the Designated Collection Location, City shall make the final determination.
Cart Collection Service - Refuse
Contractor shall Collect Refuse from all Single-family Customers in the City using automated Collection vehicles and Carts. Contractor shall provide each Single-family September 5, 2023, Reg. CC Mtg., Page #413
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Customer with one Refuse Cart per Dwelling Unit. Each Customer may choose either a ninety-six (96) gallon cart, a sixty-four (64) gallon cart, or a thirty-two (32) gallon cart.
Upon request by Customer, Contractor shall provide additional ninety-six (96), or sixtyfour (64) gallon Refuse Carts. Contractor may charge the Customer based on each Customer’s size and number of Refuse Carts according to the monthly rate schedule in Exhibit A.
Cart Collection Service - Recyclables
Contractor shall Collect Recyclables from all Single-family Customers in the City using automated Collection vehicles and Carts. Contractor shall Collect Recyclables on the same day as Customer’s Refuse Cart is Collected. Contractor shall provide Recycling Cart at no charge. Contractor shall provide each Single-family Customer in the City with at least one 96 gallon Recycling Cart per Dwelling Unit. Upon Customer request, Contractor shall provide a 64 gallon Recycling Cart instead of the 96 gallon Cart.
Upon Customer request, Contractor shall provide one (1) additional 96 or 64 gallon Recycling Cart at no charge (for a total of two Recycling Carts). Upon Customer request, Contractor shall provide Recycling Carts in addition to the first two Recycling Carts according to the monthly rates for additional Recycling Carts in Exhibit A.
Cart Collection – Green Waste
Contractor shall Collect Green Waste from all Single-family Customers in the City using automated Collection vehicles and Carts. Contractor shall Collect Green Waste on the same day as Customer’s Refuse Cart is Collected. Contractor shall provide Green Waste Cart at no charge. Contractor shall provide each Single-family Customer in the City with at least one 96 gallon Green Waste cart per Dwelling Unit. Upon Customer request, Contractor shall provide a 64 gallon Green Waste Cart instead of the 96 gallon Cart.
Upon Customer request, Contractor shall provide one (1) additional 96 or 64 gallon Green Waste Cart at no charge (for a total of two Green Waste Carts). Upon Customer request, Contractor shall provide Green Waste Carts in addition to the first two Green Waste Carts according to the monthly rates for additional Green Waste Carts in Exhibit A.
September 5, 2023, Reg. CC Mtg., Page #414
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Backyard Cart Collection Service
Contractor shall provide Backyard Collection Service, which shall consist of the driver retrieving all the Customer’s Carts from the sideyard or backyard of the Customer’s Premises, and returning them to their original location after the driver has emptied them into the Collection vehicle.
Upon Customer request, Contractor shall provide Backyard Collection Service to Customers at no charge if all adults residing at the Premises have disabilities that prevent them from setting their Carts at the curb for Collection, and if a request for no-charge Backyard Collection Service has been made to, and approved by the City. The City shall notify the Contractor of any Premises requiring no-charge Backyard Collection Service along with the date such service is to begin.
Upon request by other Single-family Customers that do not qualify for no-charge service, Contactor shall provide Backyard Collection Service at the rates for Backyard Collection Service shown in Exhibit A.
Bin Collection Service – Single-family
Upon Customer request, Contractor shall provide Refuse Bin Collection Service to Singlefamily Customers. Contractor shall provide Refuse Bin Collection Service to Single-family Customers at the same rates charged to Multi-family Customers shown in Exhibit B.
Rolloff Collection Service – Single-family
Upon Customer request, Contractor shall provide Rolloff Collection Service to Singlefamily Customers. Contractor shall provide Rolloff Collection Service to Single-family Customers at the rates shown in Exhibit B.
Backyard Compost Program
Throughout the term of this Agreement, at no additional charge, and at City's request, Contractor shall provide composting bins to Customers. Such composting bins shall be provided to Customers within seven (7) Work Days of request.
September 5, 2023, Reg. CC Mtg., Page #415
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Holiday Trees
Contractor shall Collect all Holiday trees from Single-family which are properly placed for Collection from the first Work Day after December 25th until January 15th. Collection shall occur on the regularly scheduled Collection day. Holiday Trees placed for Collection must be cut into lengths no longer than four (4) feet, be free of ornaments, garlands, tinsel and flocking, and the stands must be removed. Contractor shall Recycle all Holiday Trees.
Holiday Trees set out for pickup that are flocked or contain tinsel or other decorations may be delivered to the Disposal Site at the discretion of the Contractor.
Bulky Item Collection – On-call
On an on-call basis, the Contractor shall provide up to four (4) Bulky Item Collections per calendar year of Bulky Items from each Dwelling Unit at each Single-family Customer.
Upon receiving a request from Customer two (2) Work Days in advance, Contractor shall Collect Bulky Items on the Customer’s regular weekly Collection day at no extra charge.
Each Bulky Items Collection shall be limited to up to six (6) items per Collection event (i.e., per pickup).
Contractor shall provide Bulky Items Collection Service to all Customers whose Bulky Items have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location that will provide safe and efficient access for Contractor’s crews and vehicle. Contractor shall not be required to remove any items that cannot be safely handled by two persons.
Contractor shall comply with all applicable regulations governing the recovery of ozone depleting refrigerants during the handling and Disposal of refrigerators, or air conditioning units.
In the event a question arises as to whether a specific item or category of items meets the definition of Bulky Items, City shall determine whether the item(s) are considered Bulky Items, and that determination shall be final and binding on the Contractor.
For Bulky Item pickups that exceed four (4) in a calendar year, Contractor may charge the Bulky Item Pickup Charge according to the rate schedule in Exhibit A.
September 5, 2023, Reg. CC Mtg., Page #416
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E-waste and Dry Cell Batteries
Contractor shall collect E-Waste or dry cell batteries on an on-call basis upon request by Single-family Customers. Each on-call E-Waste or dry cell batteries pick-up request shall be scheduled at least one (1) Work Day prior to the regularly scheduled Collection day and shall be responded to by Contractor on the next regularly scheduled Collection day.
E-Waste and dry cell batteries shall not be commingled with Recyclable Materials or collected in Recycling Carts.
5.3 Commercial and Multi-family Collection
Commercial and Multi-family Collection – General
Contractor shall Collect and Dispose or Process all Solid Waste properly placed out for Collection by Commercial and Multi-family Customers at the Designated Collection Location not less than once per week using front-loading Collection vehicles and Bins. In some cases, Contractor may Collect Solid Waste from Commercial and Multi-family Customers using Carts. Contractor shall provide the size and quantity of Refuse Bins or Carts, and the number of weekly pickups as requested by Customer, or as required to maintain public health and safety.
Contractorshall replace empty Bins and Cartsto their original location with gates or doors of enclosures secured after Collection is completed. A Bin shall be considered properly located for Collection if it is feasibly accessible by Contractor’s front-loading Collection vehicles. A Cart shall be considered properly located for Collection if it is feasibly accessible by Contractor’s automated sideloading Collection vehicles. If a Customer and Contractor cannot agree upon the Designated Collection Location, City shall make the final determination.
Bin Collection - Refuse
Contractor shall Collect Refuse from all Commercial and Multi-family Customers no less frequently than once per week. Contractor shall provide the size and quantity of Bins or Carts as requested by Customer. Contractor shall charge the Customer for Bin Collection Service based on each Customer’s size and number of Refuse Bins, and number of weekly pickups according to the monthly rates schedule in Exhibit B and Exhibit C.
September 5, 2023, Reg. CC Mtg., Page #417
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Bin and Cart Collection – Recyclables
Upon request by Customer, Contractor shall Collect source-separated Recyclables from Commercial and Multi-family Customers no less frequently than once per week.
Contractor may use Bins or Carts to Collect Recyclables from Commercial and Multi-family Customers. Contractor shall provide the size and quantity of Bins or Carts as requested by Customer. Contractor shall Collect Recyclables from Commercial and Multi-family Customers at no additional charge to Customer or City.
Bin and Collection - Organics
Upon request by Customer, Contractor shall Collect source-separated Organics from Commercial and Multi-family Customers not less than once per week using Carts or Bins or Carts. For Customers that subscribe to Commercial Organics Collection Service, Contractor shall Collect Organics properly placed in Carts or Bins from the Designated Collection Location. Contractor shall charge Customers for Organics Collection Service based on each Customer’s size and number of Carts or Bins, and number of weekly pickups according to the monthly rate schedule in Refuse Cart Collection - Commercial Upon request by Customer, Contractor shall Collect Refuse from Commercial Customers no less frequently than once per week using Carts. Contractor shall provide the size and quantity of Carts as requested by Customer. Contractor shall charge Commercial Customers for Refuse Cart Collection Service based on each Customer’s size and number of Carts, and number of weekly pickups, according to the monthly rate schedule in Exhibit B and Exhibit C.
Refuse Cart Collection – Multi-family
Upon request by Customer, Contractor shall Collect Refuse from Multi-family Customers no less frequently than once per week using Carts. Contractor shall provide the size and quantity of Carts as requested by Customer. Contractor shall charge Multi-family Customers for Refuse Cart Collection Service based on each Customer’s size and number of Carts, and number of weekly pickups, according to the monthly rate schedule in Exhibit B.
Scout Service
Contractor shall provide Scout Service to those Customers whose Cart or Bin storage location reasonably precludes safe or feasible access to the Bin by the Contractor’s route vehicle. Scout Service entails using a heavy-duty service truck with forks to pre-position September 5, 2023, Reg. CC Mtg., Page #418
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Binsto the Designated Collection Location, which isreadily accessible to the route vehicle.
Once the Bin is emptied by the route vehicle, the Cart or Bin is returned to the Cart or Bin storage location. Contractor shall charge Customers with Scout Service on each Customer’s number of Carts or Bins, and number of weekly pickups, according to the monthly rate schedule in Exhibit B and Exhibit C.
Push Out Service
Push Out Service entails the driver dismounting from the route vehicle to move Carts or Bins more than ten (10) feet from their storage location to the Designated Collection Location, and then returning the Cart or Bin to its original storage location. Contractor shall charge Customers that require Push Out Service based on each Customer’s number of Carts or Bins, and number of weekly pickups, according to the monthly rate schedule in Exhibit B and Exhibit C. Push Out Service is charged in increments of ten (10) feet.
Backout Fees
Backout Fees apply to service locations at which the Contractor’s driver is required to back up the route vehicle more than fifty (50) feet to exit the Premises. Contractor shall charge Customers with service locations that require the driver to back up the route vehicle more than fifty (50) feet based on each Customer’s number of weekly pickups, according to the monthly rate schedule in Exhibit B and Exhibit C. Backout Fees are charged in increments of fifty (50) feet.
Multi-family Holiday Trees
Contractor shall Collect all Holiday trees from Multi-family Premises which are properly placed for Collection from the first Work Day after December 25th through January 15th.
Collection shall occur on the regularly scheduled Collection day. Holiday Trees placed for Collection must be cut into lengths no longer than four (4) feet, be free of ornaments, garlands, tinsel and flocking, and the stands must be removed. Contractor shall Recycle all Holiday Trees. Holiday Trees set out for pickup that are flocked or contain tinsel or other decorations may be delivered to the Disposal Site at the discretion of the Contractor.
Multi-family Bulky Item Collection – On Call
On an on-call basis, the Contractor shall provide on-call Bulky Item Collection Service to Multi-family Customers. Each Multi-family Customer shall be entitled to up to one (1) September 5, 2023, Reg. CC Mtg., Page #419
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Bulky Item Collection per number of Dwelling Units per calendar year. Upon receiving a request from Customer two (2) Work Days in advance, Contractor shall Collect Bulky Items on the Customer’s regular weekly Collection day at no extra charge. Each Bulky Items Collection shall be limited to up to six (6) items per Collection event (i.e., per pickup).
Contractor shall provide Bulky Items Collection Service to all Customers whose Bulky Items have been placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location that will provide safe and efficient access for Contractor’s crews and vehicle. Contractor shall not be required to remove any items that cannot be safely handled by two persons.
Contractor shall comply with all applicable regulations governing the recovery of ozone depleting refrigerants during the handling and Disposal of refrigerators, or air conditioning units.
In the event a question arises as to whether a specific item or category of items meets the definition of Bulky Items, City shall determine whether the item(s) are considered Bulky Items, and that determination shall be final and binding on the Contractor.
For Bulky Item pickups that exceed one (1) per the number of Dwelling Units on a subject property in a calendar year, Contractor may charge the Bulky Item Pickup Charge according to the rate schedule in Exhibit A.
5.4 Rolloff Collection Service
Rolloff Collection Service - General
Contractor shall offer and provide Rolloff Collection Service to Single-family, Multi-family, Commercial, and Construction and Demolition Customers. Contractor shall Collect Solid Waste from all Rolloff Collection Customers using Contractor-furnished Rolloff Boxes or Customer-furnished Rolloff Compactors. Upon Customer request, Contractor shall furnish the size and number of Rolloff Boxes requested by Customer.
Contractor is not obligated to furnish Rolloff Compactors. Contractor may sell or lease Rolloff Compactors to Customers. Any sale or lease of Rolloff Compactors to Customers, and any associated sale or lease compensation to Contractor, shall be outside the scope of this Agreement. However, the Collection Service provided to those Customers with September 5, 2023, Reg. CC Mtg., Page #420
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Rolloff Compactors, and the associated Gross Revenues, shall be within the scope of this Agreement.
A Rolloff Box or Rolloff Compactor shall be considered properly located for Collection if it is feasibly accessible by Contractor’s rolloff Collection vehicles. If a Customer and Contractor cannot agree upon the Designated Collection Location, City shall make the final determination.
Regular Rolloff Collection Service
Upon request by Customer, Contractor shall collect Solid Waste from Single-family Residential, Multi-family Residential or Commercial Premises using Rolloff Collection Service. Contractor must deliver, exchange, or remove Rolloff Boxes for Customers within one (1) Work Day of request by Customer. Contractor shall charge the Customer for Regular Rolloff Collection Service based on each load and the actual weight of each load according to the rate schedule in Exhibit B and Exhibit C, with the exception of the COD Rolloff Rates described in Section 9.6.7
Rolloff Collection – Construction and Demolition Debris Upon request by Customer, Contractor shall Collect Construction and Demolition Debris from Single-family Residential, Multi-family Residential or Commercial Premises using Rolloff Box Collection Service. Contractor shall provide open top Rolloff Boxes to Customers. Contractor shall deliver, exchange, or remove Rolloff Boxes for Customer within one (1) Work Day of request by Customer. Contractor shall deliver all loads of mixed Construction and Demolition Debris to a C&D processing facility for separation and recovery of Recyclable Material. Contractor shall divert a minimum of 65% of all Construction and Demolition Debris Collected.
For all projects covered by the City’s Green Building Standards, Contractor shall fully cooperate with Customer in Customer’s compliance with Section 10-8 of the Lomita Municipal Code (e. g., by reviewing Customer’s waste management plan and by providing documentation from processing facilities to which material was delivered, etc.).
Contractor shall charge the Customer for Regular Rolloff Collection Service based on each load and the actual weight of each load according to the rate schedule in Exhibit B and Exhibit C, with the exception of the COD Rolloff Rates described in Section 9.6.7.
September 5, 2023, Reg. CC Mtg., Page #421
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Rolloff Collection – Source Separated Recyclables
Upon request by Customer, Contractor shall Collect source-separated Recyclables from Customers using Rolloff Box Collection Service. Contractor shall provide open top Rolloff Boxes to Customers. Contractor shall deliver, exchange, or remove Rolloff Boxes for Customer within one (1) Work Day of request by Customer. Contractor shall deliver all loads of source-separated Recyclables to a processing facility for recovery of Recyclable Material. Contractor shall charge the Customer for Regular Rolloff Collection Service based on each load and the actual weight of each load and actual tipping fees according to the rate schedule in Exhibit B and Exhibit C, with the exception of the COD Rolloff Rates described in Section 9.6.7.
5.5 City Facilities
Contractor shall Collect and dispose of all Refuse, Recyclable Material, and Green Waste put in Containers for Collection at all facilities owned, leased, and/or operated by the City at no charge. City facilities include, but are not limited to, City Hall, City offices, parks, corporation yards, recreation centers, and community centers. Contractor shall provide the number and size of Containers, and frequency of service at the City’s direction.
Service levels and number of City facilities served may increase during the Term of this Agreement without any additional compensation paid to the Contractor.
5.6 City-sponsored Special Events
Upon request by City, Contractor shall provide Solid Waste Collection and Disposal/processing service for City-sponsored special events at no charge, as requested by City. Contractor shall provide Collection Services in such a manner that all Solid Waste and recycling needs of the event are adequately and properly provided. This shall include providing Containers (Carts, Bins, Roll-off Boxes, and/or clearly labeled cardboard waste boxes with liners) to Collect and dispose of, or process, all Refuse, Recyclables, and Organics. The Contractor shall provide services at up to ten (10) City-sponsored events, at no cost to City, ratepayers, or event organizers.
5.7 Community Development Review
Contractor, upon City's request, shall assist City's Community Development Department by reviewing applicants' plans for Single-family Residential, Multi-family Residential, and Commercial projects with respect to the adequacy of provision for effective and economical storage and Collection of Solid Waste.
September 5, 2023, Reg. CC Mtg., Page #422
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Section 6 OPERATIONS PERSONNEL AND EQUIPMENT
6.1 Operations
Manner of Collection
Contractor shall provide Commercial Collection service with as little disturbance as possible and shall leave any Cart in an upright position, and leave Bins and Carts at the same point it was collected without obstructing alleys, roadways, driveways, sidewalks or mail boxes.
Hours of Collection
To protect the peace and quiet of residents, Contractor shall not Collect Solid Waste before 7:00 a.m. or after 6:00 p.m. However, Contractor may provide service to Commercial Customers that are more than 600 feet away from a residential zone as early as 6:00 a.m. Contractor may provide service on Sundays to Commercial Customers upon request, and only between the hours of 9:00 am and 5:00 pm. The City may direct Contractor to reduce the Collection hours in areas around schools and in high traffic areas during peak traffic hours. When the City is conducting road rehabilitation projects, the City reserves the right to temporarily redirect or restrict Contractor from Collection in the affected areas if needed. The hours of Collection may be extended due to extraordinary circumstances with the prior written (e.g., e-mail) consent of the City Manager.
Holidays
Contractor shall not Collect Solid Waste on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. In any week in which one of these holidays falls on a weekday, Collection Services for the Holiday and each Work Day thereafter will be delayed one Work Day for the remainder of the week. Friday Collection Services shall be performed on Saturday.
Complaints for Missed Collections
In the case of a Complaint for a missed Collection received on a Collection day, Contractor shall make the Collection not later than 5 p.m. if it has been notified by noon, or on the first Collection day after the Complaint is received, if the Complaint was received after noon.
September 5, 2023, Reg. CC Mtg., Page #423
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Hazardous Waste Inspection and Reporting
Contractor has the right and obligation to inspect Solid Waste put out for Collection and to reject Solid Waste observed to be contaminated with Household Hazardous Waste or Hazardous Waste. In the event a Customer sets out for Collection any Household Hazardous Waste or Hazardous Waste, Contractor shall reject the material, tag the Container with instructions to the Customer for the proper method to discard of Hazardous Waste, and record the event in the Customer’s profile in Contractor’s billing system.
Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Hazardous Waste, found or observed in Solid Waste anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify the City Manager.
Refusal to Collect
When Solid Waste is not Collected from any Customer, Contractor shall notify its Customer in writing, at the time Collection is not made, through the use of a "tag" or otherwise, of the reasons why the Collection was not made.
Load Weight
Contractor shall not load its Collection vehicles such that the vehicle’s gross weight (the total weight of the load and the vehicle) exceeds the manufacturer’s gross vehicle weight rating (GVWR), or exceeds any other weight limits imposed by state or local laws or regulations.
Private Streets and Alleys
Contractor shall use its best efforts to prevent damage to alleys and to private streets, alleys and parking lots over which Collection equipment may be operated and to obtain all required approvals for operation of its Collection vehicles on private streets, parking lots and private alleys.
September 5, 2023, Reg. CC Mtg., Page #424
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Property Damage
If Contractor’s employees or subcontractors cause any injury, damage or loss to City property, including but not limited to City streets or curbs, Contractorshall reimburse City for City's cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of City to be indemnified by Contractor for any such injury, damage or loss. With the prior written approval of City, Contractor may repair the damage at Contractor’s sole cost and expense.
Route Maps and Changes
Upon request by City, Contractor shall provide the City with maps of Contractor’s routes in a format acceptable to the City. Contractor shall submit to the City, in a format acceptable to City, maps of any proposed route changes at least sixty (60) calendar days prior to the proposed date of implementation. Contractor shall not implement any route changes without the prior review of the City. Contractor shall provide Customers with at least thirty (30) days advance notice of any changes in their Collection day.
Route Audits
If the City receives repeated complaints by Customers, or if the City believes that Contractor has not routed the City efficiently, or if Contractor has received repeated complaints about missed Collections, the City reserves the right to conduct audits of Contractor's routes using a third party at Contractor's expense. Contractor shall cooperate with the City in connection with any such audit, including permitting City employees or agents, designated by the City, to ride in the Collection vehicles to conduct the audits. Contractor shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any Person designated by the City to conduct such audits.
Commingling of Routes
Contractor shall not commingle City Collection routes with other city or county routes without the express prior written authorization of the City Manager. Each route shall be dedicated exclusively to City-generated Solid Waste Collected within City boundaries under this Agreement.
September 5, 2023, Reg. CC Mtg., Page #425
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6.2 Personnel
Qualifications
Contractor shall employ a sufficient number of qualified personnel to perform the services set forth in this Agreement. Contractor shall ensure that its employees comply with all applicable laws and regulations and meet all federal, state and local requirements related to their employment and position. Contractor shall provide operating and safety training that meets minimum OSHA standards for all its drivers, helpers, and those employees who are otherwise directly involved in Collection operations. Contractor shall train its drivers and helpers in the identification of Hazardous Waste. Each driver shall at all times carry a valid California driver's license, and any other required licenses for the type of vehicle that is being operated. Each driver shall comply with all applicable state and federal laws, regulations and requirements.
Conduct
Contractor’s employees shall conduct themselves in a competent, thorough, and courteous manner. The City may request the transfer of any employee who materially violates any provision in this Agreement, or who is negligent, careless, or discourteous in the performance of their duties. Contractor’sfield operations personnel shall wear a clean uniform with the employee and Contractor’s name. Contractor’s employees, who normally come into contact with the public, shall bear a company photo identification card. Contractor’s employees shall not in any way represent themselves as employees of City.
Fees and Gratuities
Contractor shall not, nor shall it permit any officer, agent or employee to, request, solicit, demand or accept, either directly or indirectly, any fee or gratuity for the performance of services required under this Agreement.
Drug and Alcohol Testing
Contractor shall prescreen all applicants seeking employment that would result in the applicant, if hired, driving Contractor’s vehicles within City. The prescreening shall include drug and alcohol testing by a certified independent testing laboratory. Contractor shall reject any applicant for employment within City who tests positively for any prohibited substance. In addition, Contractor shall conduct unannounced random drug and alcohol September 5, 2023, Reg. CC Mtg., Page #426
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testing of all employees performing driving duties within City pursuant to the regulations administered by the Federal Motor Carrier Safety Administration (49 CFR, Part 40). The random testing shall be conducted by a certified independent testing laboratory. Any employee who tests positive for prohibited substances or alcohol shall be immediately and permanently removed from any assignment to perform duties under this Agreement.
Service Supervisor
Contractor has designated a supervisor to be in charge of the Collection Service within the Service Area. At least thirty (30) calendar days prior to replacing the designated supervisor Contractorshall notify City in writing of the name and qualifications of the new service supervisor. Contractorshall ensure that such replacement is an individual with like qualifications and experience. The supervisor shall be available to the City Manager through the use of a mobile telephone at all times that Contractor is providing Collection Services. In the event the supervisor is unavailable due to illness or vacation, Contractor shall designate an acceptable substitute who shall be available and who has the authority to act in the same capacity as the supervisor, the service supervisor shall provide the City with an emergency phone number where the supervisor can be reached outside of normal business hours.
Non-discrimination
In the performance of all work and services under this Agreement, Contractor shall not discriminate against any person on the basis of such person's race, sex, color, national origin, religion, marital status, age, disability or sexual orientation. Contractor shall comply with all applicable local, state and federal laws and regulations regarding nondiscrimination, including those prohibiting discrimination in employment.
Lockouts
Contractor shall not institute a lockout of any or all of its employees unless Contractor has previously provided an alternate plan of continuing the highest level of services during the entire possible period of such a lockout with ample fully trained substitutes for all such locked out employees, and City has approved such alternate plan in writing prior to such lockout being instituted by Contractor.
September 5, 2023, Reg. CC Mtg., Page #427
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6.3 Vehicles
General
Contractor shall provide vehicles that are sufficient in number and capacity to efficiently perform the work required by this Agreement. Contractor shall at all times own and maintain reserve Collection equipment which can be put into service within one (1) hour of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by Contractor to perform its regular Collection services.
Contractor shall equip vehicles so as to prevent Solid Waste from being blown or otherwise escape from the vehicle. Contractor shall be responsible to promptly clean any spillage or Solid Waste that leaks or otherwise escapes its vehicles.
Each Collection vehicle shall carry a broom, shovel, and operable fire extinguisher, and shall be equipped with a radio to enable the driver to communicate directly with Contractor's dispatcher and/or main office.
No Collection Vehicle shall be utilized if it is leaking fluids. Contractor shall clean up any leaks or spills from its vehicles. Contractor shall equip all Collection Vehicles with absorbent for such cleanups. No fluids shall be washed into storm drains at any time.
Appearance
Contractor shall paint each vehicle periodically (including performing all necessary body work), as frequently as necessary to maintain a positive public image. Contractor shall mark the rear, and both sides of each vehicle with the Contractor's name, telephone number, and a vehicle number in letters not less than six (6) inches in height. Contractor shall maintain each vehicle in a clean and sanitary condition both inside and out.
Maintenance
Contractor shall perform all scheduled maintenance functions upon Collection Vehicles in accordance with the manufacturer's specifications and schedule. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall keep accurate records of all Collection Vehicle maintenance and repair, recorded according to date and mileage, September 5, 2023, Reg. CC Mtg., Page #428
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including signed verifications that repairs and maintenance has been properly performed, and shall make such records available to City upon request.
Emissions
Contractor's Collection Vehicles shall comply with all rules and regulations of the South Coast Air Quality Management District, the Air Resource Board, and any other air-quality regulatory body that may be in authority during the Term of this Agreement.
Noise
Contractor’s vehicles using compaction mechanisms during the stationary compaction process shall not exceed a noise level of seventy-five (75) decibels (dB)A at a distance of twenty-five (25) feet from the Collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall submit to City, upon City's request, a certificate of vehicle noise level testing, by an independent testing entity, for any Collection vehicle which City or Contractor has received more than one complaint regarding excessive noise in a twelve month period.
Safety
Contractor shall equip each vehicle with appropriate safety equipment, including any new safety related technologies that become standard in the waste industry during the Term of this Agreement. Collection vehicles shall be well marked and highly visible. At a minimum, Collection vehicles shall have a back-up warning alarm, and a video back-up system, or its equivalent.
Vehicles Used for Bulky Items
Vehicles used for Collection of Bulky Items shall not use compactor mechanisms or mechanical handling equipment that may damage reusable goods or release Freon or other gases from pressurized appliances. Contractor may use vehicles with mechanical packing mechanisms if used for the purpose of collecting Bulky Items that are not deemed recyclable or reusable or do not contain Freon or other gases.
Inspection of Vehicles
Contractor shall inspect each Collection vehicle daily to ensure that all equipment is operating properly. Collection vehicles that are not operating properly shall be removed from service until repaired and operating properly.
September 5, 2023, Reg. CC Mtg., Page #429
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Contractor shall regularly inspect each Collection vehicle to ensure it meets the requirements of the California Vehicle Code and the California Highway Patrol. Contractor shall provide to the City copies of its Biannual Inspection of Terminal ("BIT") inspection reports to City within 30 days of its receipt of such reports. Contractor shall make all records related to its vehicles available to City upon request by the City Manager.
City may cause or require any Collection vehicle used in performance of this Agreement to be inspected and tested at any time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of this Agreement.
Upon request, Contractor shall furnish City a written inventory of all equipment, including Collection Vehicles, used in providing service pursuant to this Agreement.
This inventory shall list all equipment by manufacturer, ID number, date of acquisition, type and capacity.
Any Collection Vehicle that the City Manager deems inappropriate for use in City for any reason (including its appearance) shall be removed from service in City, until such time as the City Manager determines the issue regarding said Collection vehicle is corrected.
6.4 Containers
If any Solid Waste enterprise providing Solid Waste Collection Services to Customers prior to the Effective Date does not remove the Containers it had in use prior to the Effective Date, Contractor shall Collect and dispose of all such Containers at no additional charge to City or Customers.
Carts
Contractor shall provide Cart Collection Customers with Carts during the Term of this Agreement. Carts and Cart lids must meet color, size, uniformity, and quality requirements of the City. Contractor shall provide and maintain Carts and Cart lids with consistent colors and in good condition. Contractor shall maintain all Cartsin good repair.
If a Cart is broken or damaged, Contractor shall repair or replace such Carts by the next regularly scheduled Collection day provided that the Customer notifies the Contractor two (2) Work Days in advance of the next Collection day.
September 5, 2023, Reg. CC Mtg., Page #430
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Carts shall be marked or labeled to include the Contractor’s name and phone number, and information about what materials should and should not be placed in each type of Cart. City shall approve what information is marked on Carts.
Cart Exchange
Upon notification to the Contractor by the City or a Customer that a change in the size or number of Carts is required, the Contractor shall deliver such Carts to such Customer by the next regularly scheduled Collection day provided that the Customer notifies the Contractor two (2) Work Days in advance of the next Collection day. Each Cart Customer shall be entitled to receive one (1) free Refuse Cart exchange, one (1) free Recycling Cart exchange and one (1) free Organics Cart exchange per year during the Term of this Agreement. For exchanges that exceed one (1) per year, Contractor may charge Customers the cart exchange fee shown in Exhibit A.
Cart Replacement
Any Cart damaged by the Contractor shall be replaced by the Contractor, at the Contractor's expense. If a Cart is lost, stolen or damaged beyond repair through no fault of the Contractor, the Contractor shall deliver replacement Cart to Customer by the next regularly scheduled Collection day provided that the Customer notifies the Contractor two (2) Work Days in advance of the next Collection day. Each Cart Customer shall be entitled to the replacement of one (1) lost, destroyed, or stolen Refuse Cart, one (1) lost, destroyed, or stolen Recycling Cart, and one (1) lost, destroyed, or stolen Organics Cart during the initial Term of this Agreement at no cost. For replacements of more than one (1) lost, destroyed, or stolen Cart of each type during the initial Term, Contractor may charge Customer the Cart replacement fee shown in Exhibit A. Customers shall be entitled to one (1) free replacement Cart of each type during the Term of this Agreement.
Ownership of Carts
Contractor shall own all Carts provided under this Agreement. In the event this Agreement is not extended or renewed, Contractor shall remove all Carts in service from the City.
September 5, 2023, Reg. CC Mtg., Page #431
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Bins
Contractor shall provide Bin Collection Customers with Bins required during the Term of this Agreement. The size and quantity of Bins shall be determined by mutual agreement between Customer and Contractor, and shall be subject to City approval. Contractor shall maintain Bins in a clean condition and free from putrescible residue. Bins shall be watertight, and constructed of heavy metal, or other durable material. Bins shall be well painted, and maintained in good repair.
Contractor shall mark each Bin with the name of Contractor and phone number in letters not less than three (3) inches high. Bins shall be labeled to include instructions on what materials should and should not be placed in the Bin. Contractor shall replace Bins upon City's request if the City deems it necessary to maintain a neat appearance. All Refuse Bins shall be painted a uniform color, and all Recycling Bins shall be painted a different, uniform color.
Bin Replacement
Upon Customer or City request, or if required to maintain the Bins in a clean condition, Contractor shall clean or replace all Bins once per year at no additional charge. Contractor shall perform cleaning or replacement of Bins more frequently if necessary to prevent a nuisance caused by odors or vector harborage, or if requested by Customer or City.
Contractor shall remove graffiti from any Container within two (2) Work Days of request by City or Customer.
Locking Bins
Contractor shall provide locking Bins upon Customer request. Contractor shall be entitled to the monthly charge for locking bins shown in the Rate Schedule in Exhibit B and Exhibit C.
Rolloff Boxes
Contractor shall provide Roll-off Boxes to Rolloff Customers sufficient to meet Customer demand throughout the Term of this Agreement. Contractor shall keep all Roll-off Boxes clean, well-painted free from graffiti, and in good repair. Contractor shall display the name and phone number of Contractor in letters not less than three (3) inches high on Rolloff Boxes.
September 5, 2023, Reg. CC Mtg., Page #432
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Rolloff Compactors
Maintenance of Customer-owned Rolloff Compactors shall be the responsibility of the Customer, and not Contractor. Contractor may sell, or lease Rolloff Compactors to Customers. Any such sale or lease shall be outside the scope of this Agreement. Any proceeds to Contractor from the sale or lease of Rolloff Compactors are not included in Gross Revenues.
September 5, 2023, Reg. CC Mtg., Page #433
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Section 7 CUSTOMER SERVICE
7.1 Office Hours
Contractor shall maintain an office with assigned personnel accessible by a local or tollfree phone number. Contractor’s office hours are to be from 8:00 a.m. to 5:00 p.m.
Monday-Friday and 8:00 a.m. to 12:00 p.m. on Saturdays when Collection is occurring. At Contractor’s expense, its telephone numbers shall be listed in Lomita-area telephone directories under both Contractor’s name and the City's name. Contractor shall have the capability of responding to Customers in English, Spanish, and any other predominant languages necessary for communication between Contractor and its Customers.
7.2 Service Complaints
All Customers complaints and inquiries shall be directed to Contractor. During office hours, Contractor shall maintain a telephone answering system capable of accepting at least five (5) calls at one (1) time. Contractor shall also accept customer complaints and inquiries via email. Contractor shall record all calls and emails, including any inquiries, service requests and complaints into a customer service log.
Contractor’s customer service log shall include date, time, and Customer’s name and address if the Customer is willing to give this information, and date and manner of resolution of complaint or inquiry. Contractor shall maintain this information in a computerized daily customer service log. In the case of a valid complaint for a missed Collection, Contractor shall make the Collection not later than 5 p.m. on the Work Day the complaint is received, if the complaint is received by noon.
For calls received after noon, Contractor shall make the Collection not later than 5 p.m. on the next Work Day. All service complaint calls received on Contractor’s answering service or via email shall be logged in the customer service log by the following Work Day.
This Service customer service log shall be available for review by City Manager during Contractor’s office hours. Contractor shall provide a copy of customer service log to the City with the quarterly report.
7.3 Response to Calls
All incoming calls will be answered within five (5) rings. Any call "on-hold" in excess of one and one half (1.5) minutes shall have the option to remain "on-hold" or to be switched to a message center where Customer can leave a message. Contractor’s customer service September 5, 2023, Reg. CC Mtg., Page #434
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representative shall return Customer calls. For all messages left before noon, all "call backs" shall be attempted a minimum of one time prior to 5:00 p.m. on the Work Day of the call. For messages left after noon, all "call backs" shall be attempted prior to noon the next Work Day. Contractor shall make a minimum of three (3) attempts within twentyfour (24) hours of the receipt of the call. If Contractor is unable to reach the Customer on the next Work Day, Contractor shall send a postcard, or other means of communication, such as e-mail, to the Customer on the second Work Day after the call was received, indicating that Contractor has attempted to return the call.
7.4 Emergency Telephone Number
Contractor shall maintain an emergency after-hours telephone number for use by City personnel only. Contractor shall have a representative, or an answering or callforwarding service to contact such representative, available at the emergency telephone number during all hours other than office hours.
7.5 Customer Education Program
Contractor shall develop and implement an education program for the City’s waste diversion program, with goals, strategies and timetables (at no additional cost to City or Customers). The program shall include information with respect to AB 939 diversion goals, public schools waste reduction, Bulky Items pick-ups, E-Waste, Recycling, and Green Waste programs, annual holiday schedule, and the importance of the safe disposal of Hazardous Waste.
At least once per year, Contractor will provide and distribute literature in the form of fliers, cards, stickers, magnets, newsletters, or otherwise, including programming on Lomita Community Television, as Contractor and the City determines to be most effective in support of its obligation with respect to the achievement of the diversion rate required of the City. Contractor may also utilize other promotional activities to achieve the goals of this Agreement, including participation with community organizations and a minimum of three (3) events including, but not limited to, other local activities, parades and civic events.
Contractor shall also mail Customers quarterly Saving Our Resources Together ("SORT") reports and make the reports available at City Hall. The City must review all education program materials prior to being mailed/distributed. Contractor shall also provide space in Contractor’s public outreach materials, such as mailers, flyers and newsletters, for the September 5, 2023, Reg. CC Mtg., Page #435
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City to include announcements, community information, articles, and photographs. The City may review any such materials prepared by Contractor and request changes as necessary prior to distribution/mailing by Contractor.
In the event that the City determines that the Customer Education Program is not effective, Contractor shall provide additional educational materials that are designed to increase diversion and participation in Contractor's diversion programs. This may include efforts by Contractor to target certain Recyclable Materials or "problem" areas of Contractor’s Service Area where improvements can be maximized. Targets of outreach should be based on local trends and recycling patterns.
7.6 Additional Education Programs
Contractor shall provide additional services and programs as requested by City at a price to be mutually agreed upon between Contractor and the City Manager. In the event Contractor and the City Manager cannot reach a mutually agreed upon price for the requested service or program, City shall have the right to procure the service of other vendors or contractors to provide the requested service.
7.7 Website
Contractor shall maintain a website dedicated to services provided in the City that is accessible by the public. The website shall include answers to frequently asked questions for Collection Services, Recyclable Materials, Food Waste (if available) and Green Waste Materials specifications, Collection Service schedules. Contractor shall arrange for the City's website to include an e-mail link to Contractor and a link to Contractor’s website.
Contractor’s website shall provide the public the ability to e-mail complaints to Contractor and request services or service changes.
7.8 Media Relations
Contractorshall notify the City Manager by e-mail or phone of all requests for news media or social media interviews related to the Collection Services program within twenty-four (24) hours of Contractor’s receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or Customer perception of services, Contractor will discuss Contractor’s proposed response with the City Manager.
September 5, 2023, Reg. CC Mtg., Page #436
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Copies of draft news releases or proposed trade journal articles shall be submitted to City for prior review and approval at least five (5) Work Days in advance of release, except where Contractor is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case Contractor shall submit such materials to City simultaneously with Contractor’s submittal to such regulatory agency.
Copies of articles resulting from media interviews or news releases shall be provided to the City within five (5) Work Days after publication.
7.9 Customer Privacy
Contractor shall not reveal or report information identifying individual Customers, or the composition or contents of a Customer's Solid Waste, Recyclable Materials, Food Waste or Green Waste to any person, governmental unit, private agency or company unless upon the authority of a court of law, by statute, or upon valid authorization of the Customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of Solid Waste characterization studies or waste stream analyses which may be required by AB 939. Contractor shall not market or distribute mailing lists with the names and addresses of Customers. The rights accorded Customers pursuant to this Section shall be in addition to any other privacy rights accorded Customers pursuant to federal or state law.
7.10 Use of Program Name
Contractor shall not use any trade name or service mark that refers to the City or its integrated waste management program without the prior express written permission of City. City will retain ownership of any such trade name or service mark. The use of any such trade name or service mark shall not create an agency relationship.
September 5, 2023, Reg. CC Mtg., Page #437
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Section 8 FLOW CONTROL; AND MARKETING OF RECYCLABLES
8.1 Ownership of Solid Waste
Ownership and the right to possession of Solid Waste shall transfer directly from the Customer to Contractor by operation of law when Carts and/or Bins are set out for Collection, except where otherwise provided by Public Resources Code § 41950(c), and not as a result of this Agreement. At no time shall the City obtain any right of ownership or possession of Solid Waste or Household Hazardous Waste placed for Collection and nothing in this Agreement shall be construed as giving rise to any inference that City has any such ownership rights.
8.2 City’s Ability to Control the Flow of Solid Waste
City reserves whatever, if any, right it might have or receive to exercise "flow control" i.e., the right to select disposal facilities and materials recovery facilities to which the Solid Waste to be Collected pursuant to this Agreement is to be taken. In the event City directs Contractor to transport Solid Waste to a particular disposal site or other facility, City and Contractor agree to use their best efforts to obtain indemnification against CERCLA, RCRA and related claims from the operator of the landfill or other destination to which Solid Waste collected pursuant to this Agreement is taken for disposal. In the event City requires Contractor to utilize a landfill or other disposal facility not owned or operated by Contractor or an affiliate of Contractor, Contractor shall be relieved of its liability with respect to the matters addressed in Section 12.3 of this Agreement with respect to the Solid Waste delivered to a disposal facility designated by City. In the event that City selects a transfer or disposal facility, Contractor or City, as appropriate, shall be entitled to a rate adjustment to offset for any substantiated increase or decrease in expenses resulting from the City's exercise of flow control.
8.3 Marketing of Recyclables
Contractor shall market all marketable Recyclables Collected pursuant to this Agreement.
Contractor shall be entitled to all revenues (including California Redemption Value revenues) received by Contractor from the marketing of Recyclables. Contractor shall assume all risk, and enjoy all rewards, resulting from changes in market prices of Recyclables.
September 5, 2023, Reg. CC Mtg., Page #438
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8.4 Recycling-Changes to Work
Should changes in law arise that necessitate any additions or deletions to the work described herein including the types of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work September 5, 2023, Reg. CC Mtg., Page #439
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Section 9 RATES AND BILLING
9.1 Rates
Contractor’s compensation for all solid waste Collection, transportation, processing, recycling, and disposal services shall be the Rates set forth in Exhibit A, Exhibit B, and Exhibit C to this Agreement. Contractor may not charge for any franchised service not listed in the rate schedule without prior written authorization of the City.
9.2 Adjustment of Rates
Contractor shall be entitled to an adjustment of its Rates effective each July 1 during the term of this Agreement. City and Contractor acknowledge that the Rates are subject to the requirements of Article XIII D of the California Constitution (Proposition 218). City and Contractor intend for the City to adopt a schedule of Rates effective July 1, 2019, and July 1, 2024 such that the City may authorize automatic adjustments during the ensuing years (for a period not to exceed five (5) years) pursuant to Section 53756 of the Government Code.
On July 1 of 2020, 2021, 2022, and 2023, the schedule of Rates shall be adjusted based on the inflation adjustment formula shown below in Sections 9.2.2, 9.2.3, 9.2.4, 9.2.5, and
9.2.6 (Inflation Adjustment Formula). City and Contractor acknowledge that the Rates in effect as of July 1, 2019, and those Rates as they are adjusted each year by the Inflation Adjustment Formula over the ensuing five (5) years, are designed to fully compensate Contractor for its increased costs, including its increased cost of Disposal and/or Transformation.
Subject to the requirement of Proposition 218, Contractor’s Rates effective July 1, 2024 shall be adjusted prospectively for the remaining three (3) years of the term of the Agreement to account for the actual cost of Disposal and/or Transformation at that time, and the expected cost of Disposal and/or Transformation over the remaining three (3) years of the term of the Agreement. On July 1, 2025, and July 1, 2026, Contractor’s Rates shall be adjusted based on the Inflation Adjustment Formula. The Rates effective July 1, 2024, and those Rates as they are adjusted each year by the Inflation Adjustment Formula over the ensuing three (3) years, is intended to fully compensate Contractor for its increased costs, including its increased cost of Disposal and/or Transformation.
September 5, 2023, Reg. CC Mtg., Page #440
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Unless Rates are adjusted in any year pursuant to Sections 9.4, 17.2, or 17.3, the Parties expect the type of rate adjustment process to follow the schedule shown below in Table
1. Table 1 – Scheduled Rate Adjustment Processes
Rates Effective Date Rate Adjustment Process
7/1/2019 Prop 218 hearing
7/1/2020 Inflation adjustment formula
7/1/2021 Inflation adjustment formula
7/1/2022 Inflation adjustment formula
7/1/2023 Inflation adjustment formula
7/1/2024 Prop 218 hearing
7/1/2025 Inflation adjustment formula
7/1/2026 Inflation adjustment formula
On or before April 1st of each year in which an adjustment is to be made based on the Inflation Adjustment Formula, Contractor shall submit to the City a request for a rate adjustment. The request for rate adjustment shall be in a format acceptable to the City and include the following:
1. Rates currently in effect;
2. Annual operating cost statement with weighted cost categories;
3. Applicable indexes (e.g., values in CPI, PPI, and disposal tipping fees);
4. Percentage change in the values of the applicable indexes; and,
5. Calculation of the rate adjustment and proposed rates.
On or before March 1
, 2024, Contractor shall submit to the City a request for a rate adjustment to be effective July 1, 2024. The rate adjustment effective July 1, 2024 shall be subject to the requirement of Prop 218. The request for rate adjustment shall be in a format acceptable to the City and include the following:
1. The Rates currently in effect;
2. The portion of each of the existing rates attributable to Disposal and/or Transformation;
3. The projected increase in the cost of Disposal and/or Transformation over the ensuing three years;
September 5, 2023, Reg. CC Mtg., Page #441
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4. Calculated Rates effective July 1, 2024, when adjusted by the Inflation Adjustment Formula, are designed to fully compensate Contractor for its increased costs over the ensuing three (3) years, including the Contractor’s increased cost of Disposal and/or Transformation;
If Contractor fails to submit a request for a rate adjustment in a format acceptable to the City by April 1st (or March 1 in the case of 2024), it shall be deemed to have waived its right to request a rate adjustment for that year. If Contractor’s failure to submit the financial information required under this section is the result of extraordinary or unusual circumstances as demonstrated by Contractor to the satisfaction of the City Manager, City, at its sole discretion, may consider the request for the annual rate adjustment. The City’s acceptance of the Contractor’s request for a rate increase shall not obligate the City to grant the rate adjustment request.
The City shall review Contractor’s rate adjustment request for accuracy, completeness, and conformity with the terms of this Agreement. City shall timely work with Contractor to resolve any discrepancies regarding Contractor’s rate adjustment request. For a requested increase that does not require a Prop 218 hearing, City shall notify Contractor of the approved rate adjustment no later than May 15th of each year in which a rate adjustment is requested. For a requested increase that does require a Prop 218 hearing, City shall notify Contractor of the approved rate adjustment no later than April 15th of each year in which a rate adjustment is requested.
In the event a Prop 218 hearing is required for the City to approve an adjustment to Contractor’s rates (either for the July 1, 2024 adjustment, or due to a request for an extraordinary adjustment pursuant to Section 9.4), Contractor shall submit the rate adjustment items listed above, or its support for an extraordinary rate adjustment, as early in the year as possible, but no later than March 1st. In the event that final index values are not available prior to March 1st, Contractor may use preliminary index values.
For all calculations of the percentage change for any index, the ending index value used in one year (whether preliminary or final) shall serve as the beginning index value in the percentage change calculation in the subsequent year. City shall make its best efforts to review and approve Contractor’s rate adjustment request by April 15th.
Diversion Data Required for Rate Adjustment
On or before April 1 of each year during the term of this Agreement, Contractor shall deliver to City diversion data for the specific services performed under this Agreement September 5, 2023, Reg. CC Mtg., Page #442
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during the preceding full or partial year in a format approved by the City. If Contractor fails to submit the diversion data in the required format by April 1 st (or by March 1st in
years in which a Prop 218 hearing is required), Contractorshall be deemed to have waived the rate adjustment for that year.
Calculation of Rate Adjustment - Overview
For purposes of adjusting rates, the Rates are comprised of the following three components. The initial amount of each of these components are shown in Exhibits A, B, and C. The annual adjustment for each of these components shall be calculated separately. Each of the calculated results of the three components shall be combined to determine the total adjustments to each of the Rates.
• Collection component
• Disposal component
• Franchise fee component
The Rates shall be adjusted according to the example in the following rate adjustment steps. Adjustments to Rates for services that do not include disposal or processing cost (e.g., scout service, bin locks, etc.) shall be calculated only based on the change in the collection and franchise fee components.
Rate Adjustment Step 1 – Weight of Collection Cost Categories The actual expenses of providing Collection services in the City (excluding disposal and franchise fee expenses) for the most recent calendar year shall be organized into the categories shown below in Rate Adjustment Example Step 1. The annual cost of each category shall be assigned a relative weight based on its proportionate share of the total amount of annual costs as shown on the following page in Rate Adjustment Example Step
1. September 5, 2023, Reg. CC Mtg., Page #443
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Rate Adjustment Example Step 1 – Relative Weight of Collection Cost Categories Cost Category Description Example
Annual Cost
Relative
Weight
Labor Administrative, officer, drivers, operations, and maintenance salaries and wages $1,022,660 45.8%
Fuel & Lubricants All fuel costs $128,543 5.8%
Vehicle Replacement Collection and Collection-related vehicle depreciation costs $269,106 12.1%
Vehicle Maintenance Collection or Collection-related vehicle parts accounts
$125,422 5.6%
Other Costs All other costs $686,751 30.7%
Total $2,232,482 100.0%
Rate Adjustment Step 2 – Percent Change in Collection Component The percent change in the collection component shall be calculated based on the annual change, from January 1st to January 1st of each year, in the adjustment indexes shown on the following page in Rate Adjustment Example Step 2. The annual change in each of the adjustment indexes shall be applied to the relative weight of each collection cost category to determine the weighted change of each category. The total of the weighted change of all the cost categories shall be the annual percent change in the collection component of the Rates as shown on the following page in Rate Adjustment Example Step 2.
September 5, 2023, Reg. CC Mtg., Page #444
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Rate Adjustment Example Step 2 – Percent Change in Collection Component Cost
Category Adjustment Index
Beginning
Index
Value
(1/2018)
Ending
Index
Value
(1/2019)
Percent
Change
Relative
Weight
(a)
Weighted
Percent
Change
Labor
Employment Cost Index, Series ID:
ceu6056210008 Employment,
hours, and earnings from current
employment, Waste collection
(U.S. Department of Labor, Bureau
of Labor Statistics)
19.31 19.50 0.98% 45.8% 0.45%
Fuel &
Lubricants
Energy Information Administration
(U.S. Department of Energy)
California #2 Diesel Fuel, Retail
sales by all sellers. (DDR007)
2.851 3.559 24.83% 5.8% 1.43%
Vehicle
Replacement
Producer Price Index, Series ID:
pcu336211336211 Motor vehicle
body manufacturing (U.S.
Department of Labor, Bureau of
Labor Statistics)
238.3 241.0 1.13% 12.1% 0.14%
Vehicle
Maintenance
Producer Price Index, Series ID:
pcu3339243339243 Parts and
attachments for industrial trucks
and tractors (U.S. Department of
Labor, Bureau of Labor Statistics)
259.3 264.0 1.81% 5.6% 0.10%
Other Costs
Series ID: CUURX400sa0 Consumer
Price Index, All Urban Consumers,
All Items, West-Size Class B/C (U.S.
Department of Labor, Bureau of
Labor Statistics) This shall not
exceed a maximum of five percent
(5%).
145.918 149.920 2.74% 30.7% 0.84%
Total Percent Change in Collection Component 2.96%
(a) From Rate Adjustment Step 1
Rate Adjustment Step 3 – Percent Change in Disposal Component The percent change in the disposal component shall be calculated based on the change in the Consumer Price Index, Series ID: CUURS49ASA0, All items in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (U.S. Department of Labor, Bureau of Labor Statistics) as shown on the following page in Rate Adjustment Example Step 3.
September 5, 2023, Reg. CC Mtg., Page #445
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Rate Adjustment Example Step 3 – Percent Change in Disposal Component Index
Beginning
Index
Value
(1/2018)
Ending
Index
Value
(1/2019)
Percent
Change
Consumer Price Index, Series ID: CUURS49ASA0, All items in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (U.S. Department of Labor, Bureau of Labor Statistics)
259.22 267.63 3.24%
Rate Adjustment Step 4 – Adjustment to Current Rates
The adjustment to the current rates shall be based on the corresponding percent change applied to each rate component as shown below in Rate Adjustment Example Step 4. The franchise fee component shall be equal to 9% of the total rate including the franchise fee.
Rate Adjustment Example Step 4 – Adjustment to Current Rates Rate Component Current
Rate
Percent
Change
Adjusted
Rate
Disposal $8.17 3.24% $8.43
Collection $12.91 2.96% $13.29
Franchise Fee $2.08 (a) $2.15
Total Rate $23.16 $23.87
(a) Franchise Fee shall be equal to 9% of total rate
including franchise fee component.
9.3 Adjustments to Generation Factors
In the event of a change in law or change in waste generation that has the potential to materially affect the monthly unit generation factors in the rate exhibits, the City and Contractor agree that a generation study will be performed at the request of the City with the cooperation of Contractor. The study will be funded equally by the City and Contractor. The generation study will be designed to establish updated monthly unit generation factors. Contractor shall cooperate fully with the City related to the performance and completion of the generation study.
September 5, 2023, Reg. CC Mtg., Page #446
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9.4 Extraordinary Rate Adjustment
Contractor may petition the City in writing at any time for an adjustment in the maximum rates on the basis of extraordinary and unusual changes in the costs of operations or programs that satisfy all of the following conditions: (i) materially alters Contractor’s operations or overall costs; (ii) could not reasonably have been foreseen by a prudent operator; (iii) by all reasonable expectations will continue for a period of at least six (6) months; and (iv) is not addressed pursuant to Section 17. Contractor’s request shall contain substantial proof and justification to support the need for the adjustment. The City may request from Contractor such further information as it deems necessary to fully evaluate the request and make its determination. The City shall in the exercise of its reasonable discretion approve or deny the request, in whole or in part, within sixty (60) calendar days of receipt of the written request and all other additional information requested by the City.
No Extraordinary Adjustment shall occur or rate adjustment be provided due to Contractor’s use of any facility or subcontractor. Nor shall a variation from Contractor’s estimate for the tonnages of Solid Waste, Recyclable Materials or Green Wastes be Collected, processed or disposed provide a basis for a rate adjustment through an Extraordinary Adjustment or otherwise, except as specifically provided for by this section.
Contractor acknowledges that any extraordinary rate adjustment shall require a Proposition 218 notice and hearing in accordance Article XlIIC and Article XIIID of the California Constitution, and in that event, Contractor shall be obligated to pay fees to the City pursuant to Section 10.5.
9.5 Resolution of Disputes Regarding Rate Adjustments
Any dispute regarding the computation of a rate adjustment shall be decided by the City Manager or his designee, or referred by the City Manager to the City Council as provided in Section 19. A rate adjustment computation decision by the City Manager or the City Council may be appealed by Contractor in accordance with the procedures provided in Section 19. The rates in effect at the time a rate adjustment dispute shall be submitted to the City Council shall remain in effect pending resolution of that dispute. The effective date of a rate determined through the dispute resolution procedures provided in Section 19, shall be the next immediate billing cycle of the Contractor after the date of dispute resolution.
September 5, 2023, Reg. CC Mtg., Page #447
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9.6 Billing and Payment
Billing - General
The Contractor shall be responsible for the billing and collection of payments for all Collection Services. The Contractor shall charge Customers for all Collection Services pursuant to the rate schedules in Exhibit A, Exhibit B, and Exhibit C, or as those rates are adjusted under the terms of this Agreement.
Contractor’s invoices must plainly and accurately describe the service provided.
Contractor’s invoices must itemize the size and number of Containers, the frequency of service and the period in which the service is provided. If a Customer starts or stops service during the billing period, Contractor shall pro-rate Customer’s invoice based on the portion of the billing period the Customer receives service.
City shall have the right to approve the format and content of Contractor’s invoices. City shall have the right to provide educational and other material to Contractor to include with the invoices sent to Customers. Contractor shall not charge the City to include additional educational or other materials with the invoices.
Single-family
Contractor shall invoice Single-family Customers with Cart Collection service quarterly in advance on or about the first day of the quarter during which service will be provided.
Contractor shall invoice any Single-family Customers with Bin or Rolloff Collection service according to the billing method for Commercial or Multi-family Customers with Bins, or according to the method for billing Rolloff Customers.
Senior Citizen Discount
Contractor shall offer and grant a five percent (5%) discount for Cart Collection Service to eligible senior citizens. To be eligible, Customers must provide proof of eligibility in a manner acceptable to the City and Contractor, which shall include, at a minimum, a requirement of being at least sixty-five (65) years of age, head of household, with proof of residency at the service address. Such eligibility shall be renewed at the commencement of the agreement and every four (4) years thereafter and shall remain in effect at the service address until Collection Services are discontinued, or until a different owner occupies the service address.
September 5, 2023, Reg. CC Mtg., Page #448
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Annual Pre-payment Discount
Contractor shall offer and grant a three percent (3%) discount to customers that pay in advance for one (1) year of service. Contractor shall advertise the availability of this payment option at least once per year in Contractor’s public education materials sent to Customers.
The annual pre-payment discount shall remain in place even if the Customer changes the level of service during the year covered by the pre-payment. If the Customer reduces the level of service, Contractor shall refund any prorated overpaid amount within 45 days of the reduction in the service level. If the Customer increases the level of service, Contractor shall provide a separate invoice for the prorated underpaid amount, which shall be due within 60 days.
Commercial and Multi-family
Contractor shall invoice Commercial or Multi-family Customers with Bin Service monthly in advance on or about the first day of the month for which service will be provided.
Contractor shall invoice any Commercial Customers with Cart Service monthly in advance on or about the first day of the month for which service will be provided. Contractor shall invoice Multi-family Customers with Cart Collection service Bin or Rolloff Collection service according to the billing method for Commercial or Multi-family Customers with Bins, or according to the method for billing Rolloff Customers described below.
Rolloff
Invoices for Rolloff Collection service shall include the work order number, date, location, and actual weight of the load along with itemized charges for the load charge and the charge for tipping fees.
Rolloff - COD
Contractor may require Cash on Delivery (COD) for providing temporary Rolloff Collection Service to Single-family Residential and temporary Construction and Demolition Customers. The COD pre-payment amount for each COD Rolloff load either for Singlefamily or for temporary Construction and Demolition Customers shall be equal to: 1) the per pull Rate for Rolloff Collection in Exhibit B or Exhibit C, plus, 2) the Disposal or Processing Cost for a standard amount of four (4) tons per load plus franchise fees.
September 5, 2023, Reg. CC Mtg., Page #449
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The Rate for COD Rolloff Collection Service for Single-family and temporary Construction and Demolition Customers shall be equal to: 1) the per pull Rate for Rolloff Collection in Exhibit B or Exhibit C, plus, 2) the Disposal or Processing Cost for a standard amount of four (4) tons per load, plus, 3) the actual Disposal or Processing Cost for the actual amount of tons that exceed four (4) tons per load plus franchise fees.
If the actual amount of tons per load are equal to or less than four (4) tons, the COD prepayment amount shall be the full and final Rate for COD Rolloff Collection Service for Single-family and temporary Construction and Demolition Customers. If the amount of tons are greater than four (4) tons, Contractor may invoice Customer for the Disposal or Processing Cost of the tons that exceed four (4) tons plus franchise fees. Invoices shall be due in fifteen (15) days.
Start and Stop Service – Vacant Residential Units
Upon notification by a Single-family or Multi-family Customer with Cart Collection Service that one or more Dwelling Units are or will be vacant, Contractor shall prorate and/or credit the Customer’s invoice to reflect the period of time during which the Dwelling Units are vacant. Contractor shall rely on Customer’s written representation of the period of time during which the Dwelling Units are vacant. Contractor shall not require any other documentation from Customer. Contractor may retrieve Customer’s Carts for any vacant Dwelling Unit at no charge to Customer. Contractor may charge up to the rate in the adopted rate schedule to re-deliver a set of three Carts that have been retrieved due to vacancy. In the event of a dispute, the City Manager shall have final authority to make the determination on whether a Dwelling Unit is vacant.
Payment and Collection
Contractor shall provide the means for payment, and accept payments from customers, through any of the following methods: cash, check, credit card, website portal, or periodic automatic clearing house (ACH) withdrawal from Customer’s bank account.
Contractor’s invoices shall be due within thirty (30) days of the date of the invoice.
Contractor shall be responsible to collect all billed amounts and shall incur any and all expenses for uncollectible accounts. Contractor shall notify Customers that have past due amounts at least monthly. City shall have no responsibility for collecting amounts owed to Contractor from Customers. Contractor may report to the City, on a monthly basis, any September 5, 2023, Reg. CC Mtg., Page #450
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Customers who have received Collection service and whose account is over ninety (90) days past due.
Delinquent Accounts – Single-family and Multi-family Carts Contractor may take such action as is legally available to collect past due amounts from Single-family or Multi-family Customers with Cart Collection Service, including removing Recycling Carts and Green Waste Carts, and reducing Customer to the smallest size Refuse Cart. Contractor shall provide Customers with at least thirty (30) days advance notice prior to removing any Recycling or Green Waste Carts, or reducing Customer to the smallest size Refuse Cart. Contractor shall not stop Refuse Collection service to any Single-family or Multi-family Cart Customer with a delinquent service account, but shall continue to Collect Refuse using at least a 32 gallon Refuse Cart. Contractor may only discontinue providing Single-family or Multi-Family Customers with Cart Collection Service if it does not pose a health hazard.
Delinquent Accounts – Commercial Cart and Bin Customers Contractor may take such action as is legally available to collect past due amounts from Commercial Cart or Bin Customers, and from Multi-family Bin Customers. If a Commercial Cart or Bin Customer, or a Multi-family Bin Customer has not paid its invoice within thirty (30) days of the invoice date, Contractor shall send a 1 st past due notice informing the
Customer that the amount is past due.
If a Commercial Cart or Bin Customer, or a Multi-family Bin Customer has not paid its invoice within sixty (60) days of the invoice date, Contractor shall send a 2nd past due notice informing the Customer that the amount is past due, and that service will be stopped thirty (30) days hence if the outstanding amount remains unpaid.
If a Commercial Cart or Bin Customer, or a Multi-family Bin Customer has not paid its invoice within seventy-five (75) days of the invoice date, Contractor shall send a 3rd past due notice informing the Customer that the amount is past due, and that service will be stopped fifteen (15) days hence if the outstanding amount remains unpaid. Contractor shall notify City’s code enforcement officer in writing or by email at least five (5) days prior to stopping service on any Commercial or Multi-family Bin Customer.
If a Commercial Cart or Bin Customer, or Multi-family Bin Customer has not paid its invoice within ninety (90) days of the invoice date, Contractor may discontinue providing September 5, 2023, Reg. CC Mtg., Page #451
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Collection services until Customer has brought its account to current status (not more than 30 days overdue). Contractor may charge for restarting service in accordance with the rates as set forth in Exhibit A.
Delinquent Accounts – Rolloff Customers
Contractor may take such action as is legally available to collect past due amounts from Rolloff Customers. If a Rolloff Customer is thirty (30) days past due, Contractor shall notify Customer that service will be stopped in fifteen (15) days hence if the outstanding amount remains unpaid. Contractor may stop service for Rolloff Customers with outstanding amounts that are over forty-five (45) days past due. Contractor shall notify City’s code enforcement officer in writing or by email upon stopping service on any Rolloff Customer.
September 5, 2023, Reg. CC Mtg., Page #452
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Section 10 FEES PAID TO CITY
10.1 Franchise Fee
Contractor shall pay City a Franchise Fee as required by the Lomita Municipal Code.
Contractor shall pay City nine percent (9%) of Contractor's Gross Revenues, in accordance with Generally Accepted Accounting Principles per month, as a Franchise Fee.
10.2 Administrative Fee
Contractor shall pay City an Administrative Fee as required by the Lomita Municipal Code.
Contractor shall pay City five thousand dollars ($5,000.00) per month for each month during the Term of this Agreement as an Administrative Fee.
10.3 Franchise and Administrative Fee Payment
These Franchise Fees and Administrative Fees shall be paid to City by 12:00 noon on or before the 30th calendar day after the end of each calendar quarter during which Collection services were provided pursuant to this Agreement. Accompanying each monthly payment shall be an accounting of the Gross Revenues for each month. Failure of Contractor to make any payment within the appropriate time period shall result in interest, compounded daily, accruing thereon at the rate permitted under California law, in addition to all other remedies of the City pursuant to this Agreement.
10.4 Reimbursement of City Expenses
Within thirty (30) days of the execution of this Agreement, Contractor shall remit a onetime reimbursement to the City of sixty-four thousand dollars ($64,000.00). This reimbursement is to offset the City's reasonable direct and indirect administrative expenses including consultants, attorneys, and City staff time necessary to renegotiate, prepare, and review this Agreement.
10.5 Reimbursement for Rate Setting and Administrative Hearing Contractor shall reimburse the City ten thousand dollars ($10,000.00) for each occurrence, except those noted in Section 17.2 and 17.3, that the City is required to issue public notices and set a public hearing as part of setting maximum service rates for Collection Services under this Agreement in connection with the application of Article XlIIC and Article XIIID of the California Constitution to the imposition, payment, or collection of service rates and fees for services provided by Contractor under this September 5, 2023, Reg. CC Mtg., Page #453
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Agreement, and/or in connection with the imposition or payment of Franchise Fees under this Agreement. This shall include the first Prop 218 hearing that follows approval of this agreement. Currently, the City is required to conduct a Prop 218 hearing every five (5) years in order to continue the rate adjustment methodology in Section 9.2, or in cases in which Contractor applies for an extraordinary rate adjustment.
10.6 Acceptance of Payments by the City
No acceptance by City of any payment shall be construed as an accord that the amount is in-fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have against Contractor for any additional sums payable under the provisions of this Agreement or be deemed a waiver of any term of this agreement. All amounts paid shall be subject to independent audit and recompilation by City and paid by Contractor. If, after the audit, such recompilation indicates an underpayment Contractor shall pay to City the amount of the underpayment and shall reimburse City for all reasonable costs and expenses incurred in connection with the audit and recompilation within ten (10) Work Days of receipt of written notice from City that such is the case. If such recompilation indicates an overpayment, City shall notify Contractor in writing of the amount of the overpayment, less costs and expenses incurred in connection with the audit and recompilation. Contractor may offset the amounts next due following receipt of such notice by the amount specified therein.
September 5, 2023, Reg. CC Mtg., Page #454
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Section 11 CONTRACTOR’S BOOKS AND RECORDS; AUDITS
11.1 Record Retention
Contractor shall maintain, in electronic form at a minimum, all records relating to the services provided in this Agreement, including, but not limited to, route maps, customer lists, billing records, weight tickets, AB 939 records, and Customer complaints for the Term, and an additional period of not less than three (3) years after the expiration or termination of this Agreement, or any longer period required by law. In addition, summaries of weight tickets identifying the disposition of waste Collected in the City shall be kept for a period of thirty (30) years.
11.2 Hazardous Waste Diversion Records
Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Commercial Waste and which was inadvertently collected from Customers within the City, but diverted from landfilling.
11.3 Right to Inspect Records
The City shall have the right, upon reasonable advance notice, to inspect, audit and copy all records relating to this Agreement, including, but not limited to, route maps, customer lists, billing records, weight tickets, AB 939 records and Customer complaints, Contractor’s payment of fees to City and records which may be relevant in the event of an action under CERCLA or related claims. In the absence of extraordinary circumstances, two (2) Work Days notice shall be considered reasonable. Such records shall be made available to City at Contractor’s regular place of business, but in no event outside the County of Los Angeles.
11.4 Overpayment or Underpayment
Should any examination or audit of Contractor’s records reveal an overpayment or underpayment by Contractor to City, the amount of underpayment, plus interest compounded monthly at the maximum lawful rate, shall be paid by Contractor to City within thirty (30) days. The principal amount of any overpayment shall be paid by City to Contractor within sixty (60) days.
September 5, 2023, Reg. CC Mtg., Page #455
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11.5 Records for Competitive Procurement
In the event City decides to use a competitive process for the award of an exclusive franchise for Collection of Solid Wastes after the expiration of this franchise, Contractor agrees to cooperate with City in making route maps; customer lists, billing records, weight tickets and other relevant operating or customer services records available for inspection by prospective proposers during the competitive process.
11.6 Potentially Lost or Discarded Records
Where City has reason to believe that such records or documents may be lost or discarded due to the dissolution, disbandment or termination of Contractor’s business, City may, by written request or demand of any of corporate officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall.
Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.
11.7 Other Records
Contractor shall maintain all other records reasonably related to provision of Collection Services, whether or not specified in this section or elsewhere in this Agreement.
September 5, 2023, Reg. CC Mtg., Page #456
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Section 12 MINIMUM DIVERSION REQUIREMENTS
12.1 Minimum Diversion Requirement
The City requires Contractor to achieve a minimum annual diversion rate of thirty percent (30%), or such other amount as may be set in accordance with the provisions of Section 17, during each calendar year of the Term of this Agreement. The annual diversion rate shall be calculated as "the tons of materials collected by Contractor from the provision of Collection Services that are sold, processed, shipped to a recycler or re-user and net of any residue amounts, or delivered to a Transformation Facility, as required by this Agreement, divided by the total tons of materials collected by Contractorin each Calendar Year." Tons delivered to a Transformation Facility each year shall only be counted as diversion up to ten percent of the City’s average per capita generation tonnage calculated by CalRecycle.
12.2 Failure to Meet Minimum Diversion Requirement
Contractor’s failure to meet the minimum diversion requirements set forth above in 12.1 may result in the termination of this Agreement or the imposition of liquidated damages.
In determining whether or not to assess liquidated damages or terminate the Agreement, the City will consider the good faith efforts put forth by Contractor to meet the minimum diversion requirements. This consideration will include the methods and level of effort of Contractor to fully implement the public education and diversion plans.
12.3 AB 939 Performance
In addition to the requirements of this section, Contractor agrees to meet the requirements of CalRecycle and the City's Source Reduction and Recycling Element to achieve a diversion rate (in comparison with City's Solid Waste generation rates), sufficient to achieve the then-required diversion goals required for the City. Contractor agrees that failure to achieve that diversion level or other applicable diversion requirements of CalRecycle shall be a material breach of this Agreement.
12.4 Waste Generation and Characterization Studies
Contractor acknowledges that City may perform Solid Waste generation and characterization studies periodically to comply with AB 939 requirements. Contractor agrees to participate and cooperate with City and its agents and to perform studies and data collection exercises, as needed, to determine weights, volumes and composition of September 5, 2023, Reg. CC Mtg., Page #457
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Solid Waste generated, disposed, transformed, diverted or otherwise processed to comply with AB 939.
September 5, 2023, Reg. CC Mtg., Page #458
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Section 13 REPORTS AND OTHER INFORMATION
13.1 Reports - General
Contractor shall submit to the City reports and other information that the City may reasonably request or require. Reports and information shall be submitted in a format and schedule acceptable to City. All reports and information required to be furnished pursuant to this Agreement shall be furnished at the Contractor’s sole expense. All reports shall be accompanied by certification statement, under penalty of perjury, that the report is true and correct.
13.2 Quarterly Reports
Contractor shall provide Quarterly reports within thirty (30) days of the end of each calendar quarter. Quarterly Reports shall include, but not be limited to, the following:
1. The number and type (refuse, recyclables, organics, etc.) of tons Collected during the quarter, and the processing or disposal facilities to which they were delivered.
2. The Contractor’s quarterly diversion rate calculated pursuant to Section 12.1.
3. The number of customers participating in each of the Contractor’s special Collection and Recycling programs.
4. A copy of the customer service log, including a summary of the type and number of complaints, missed pickups, and non-collection notices and their resolution.
5. A brief description of any operational issues and actions taken in response to property damage, scavenging, etc.
6. Copies of a written record of all calls related to missed pickups and responses to such calls. The number and type non-collection notices left at Customer locations.
7. A brief description of any City-sponsored special events during the quarter and the estimated amount of material Collected and Recycled.
8. Any other information reasonably requested by the City for the purpose of monitoring or administering this Agreement.
September 5, 2023, Reg. CC Mtg., Page #459
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13.3 Annual Report
On or before March 31st of each year during the Term, and in conjunction with the request for a rate adjustment pursuant to Section 9.2, Contractor shall submit to City an Annual Report, for the preceding calendar year, in a form approved by the City. The Annual Report shall include, but not be limited to, a report of the previous calendar year's activities in the City, including a cumulative summary of the Quarterly Reports, the Contractor’s annual diversion rate calculated pursuant to Section 12.1, information and statistics with respect to City's compliance with AB 939, Contractor’s public education activities, and a tabulation and summary of Customer Complaints received by Contractor.
13.4 Reporting of Adverse Information
Contractor shall promptly report to City any adverse information relating to Contractor’s performance of services pursuant to this Agreement. Adverse information shall include, but not be limited to, reports, lawsuits, warnings, notifications, notices of violation, communications or other material, submitted by Contractor to, or received by Contractor from, the South Coast Air Quality Management District, the Regional Water Quality Control Board, the Los Angeles County Local Enforcement Agency, the United States or California Environmental Protection Agency, the Securities and Exchange Commission or any other federal, state or local agency or court. Upon request by City, Contractor shall provide City with electronic copies of any documents related to adverse information.
13.5 Failure to Report
The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the procedures for dispute resolution found in Section 19 of this Agreement before declaring any such material breach.
September 5, 2023, Reg. CC Mtg., Page #460
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Section 14 INDEMNIFICATION, INSURANCE AND PERFORMANCE BOND
14.1 Indemnification of City
Contractor shall defend, with counsel acceptable to the City, indemnify and hold harmless, to the fullest extent allowed by law, City, its officers, officials, employees, volunteers agents and assignees (indemnitees), from and against any and all loss, liability, penalties, forfeitures, claims, demands, actions, proceedings or suits, in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from or in any way connected with:
(i) the City's grant of this franchise to Contractor;
(ii) the operation of Contractor, its agents, employees, contractors, and/or subcontractors, in exercising the privileges granted to it by this Agreement; (iii) the failure of Contractor, its agents, employees, contractors, and/or subcontractors to comply with the provisions and requirements of this Agreement, applicable laws, ordinances and regulations, and/or applicable permits and licenses; and,
(iv) the acts of Contractor, its agents, employees, contractors, and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law.
The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, action, suit injury, death or damage is also caused in part by any of the indemnitees' active or passive negligence.
Contractor’s obligation to defend, hold harmless, and indemnify shall not be excused because of Contractor’s inability to evaluate liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. Contractor must respond within thirty (30) days to the tender of a claim for defense and indemnity by the City, unless this time has been extended by the City. If Contractor fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due Contractor by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until final disposition has been made on the claim or suit for damages, or until Contractor accepts or rejects the tender of defense, whichever occurs first.
September 5, 2023, Reg. CC Mtg., Page #461
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With respect to third party claims against Contractor, Contractor waives any and all rights of any type to express or implied indemnity against the indemnitees. The indemnity provisions of this section shall survive the expiration of the period during which Collection Services are to be provided under this Agreement.
14.2 Hazardous Substances Indemnification
Contractor shall indemnify, defend with counsel acceptable to the City, protect and hold harmless the City, its officers, officials, employees, agents, assigns and any successor or successors to the City's interest from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages) injuries, hazardous materials response mediation and removal costs, losses, demands, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attorney's fees for the adverse party and expenses (including but not limited to attorney's and expert witness fees and costs incurred in connection with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against City or its officers, officials, employees, agents, assigns, or contactors arising from or attributable to acts or omissions including but not limited to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes at any place where Contractor transports, transfers, processes, stores, or disposes of Garbage pursuant to this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to section 107(e) of CERCLA, 42 U.S.C. section 9607(c) and California Health and Safety Code section 25364, to defend insure, protect, hold harmless and indemnify the City from liability under CERCLA, RCRA, other statutes or common law for any and all matters addressed in this section
14.3 Environmental Indemnification
Contractor shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in September 5, 2023, Reg. CC Mtg., Page #462
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enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste in any Solid Waste collected by Contractor pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of which has otherwise come to be located by Contractor, or its activities pursuant to this Agreement result in a release of a hazardous waste into the environment.
With respect to Solid Waste collected by Contractor pursuant to this Agreement which has been disposed of at places not owned or operated by Contractor. (1) Contractor may cause the owner or operator of the alternate facility to deliver a Hazardous Substances Indemnification if satisfactory to City or (2) Contractorshall provide hazardous substances indemnification, as above, or provide any combination of indemnification by the alternate facility and a Contractor indemnification satisfactory to City. Upon delivery and during the effective period of the Hazardous Substances Indemnification by an alternate facility, such facility shall be considered an "Indemnifying Alternative Facility." This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364; to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters addressed in this section, and shall be limited to the extent of the City's liability. This provision shall survive the expiration of the period during which Collection Services are to be provided under this Agreement.
14.4 Proposition 218 Indemnification
Contractorshall defend with counsel acceptable to the City, hold harmless, and indemnify City, its officers, officials, employees, volunteers, agents and assignees (indemnitees) from and against any loss, liability, penalties, forfeiture, claims, damages, demands, actions, proceedings or suits, in law or equity, of every kind and description, arising from the City's setting of maximum Service Rates for Collection Services under this Agreement and/or in connection with the application of Article XIIC and Article XIID of the California Constitution to the imposition, payment, or collection of Service Rates and fees for services provided by Contractor under this Agreement, and/or in connection with the imposition or payment of Franchise Fees under this Agreement.
September 5, 2023, Reg. CC Mtg., Page #463
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14.5 Sole Negligence or Willful Misconduct of City
Notwithstanding Sections 14.1, 14.2 and 14.3, Contractor’s obligation to indemnify, hold harmless and defend City, its officers and employees shall not extend to any loss, liability, penalty, pain, damage, action or suit arising or resulting solely from acts or omissions constituting willful misconduct or sole negligence on the part of the City its officers or employees.
14.6 Indemnification by Subcontractors
Contractor shall require all subcontractors to enter into an agreement containing the indemnification provisions set forth Sections 14.1 through 14.3 in their entirety in which the subcontractor fully indemnifies the City in accordance with this Agreement.
14.7 Separate Counsel
City may elect to have separate legal counsel from Contractor at any time at its sole discretion, and in such case Contractor shall pay one-half (1/2) of all fees and costs and charges for such separate legal counsel.
14.8 Insurance
General Requirements
Contractor shall secure and maintain throughout the term of this Agreement insurance acceptable to City against claims for injuries to persons or damages to property which may arise from or in connection with Contractor’s performance of work or services under this Agreement. Contractor’s performance of work or services shall include performance by Contractor’s employees, agents, representatives and subcontractors.
Coverage and Limits
Insurance coverage shall include the following policies and minimum coverage amounts:
General Liability – A broad form comprehensive general liability policy with a minimum combined single limit of ten million dollars ($10,000,000.00) per occurrence for bodily injury, personal injury, and property damage which may arise from operations, performed pursuant to this Agreement.
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Automobile Liability – An auto liability policy with a minimum combined single limit of ten million dollars ($10,000,000.00) per occurrence for bodily injury and property damage (include coverage for Hired and Non-owned vehicles) which may arise from operations, performed pursuant to this Agreement.
Workers’ Compensation and Employers’ Liability – A workers compensation policy with limits as required by the Labor Code of the State of California, and an employer’s liability policy with a limit of three million dollars ($3,000,000.00).
Employee Blanket Fidelity Bond – An employee blanket fidelity bond in the amount of one hundred thousand dollars ($100,000.00) per employee, covering dishonesty, forgery, alteration, theft, disappearance, or destruction (inside or outside).
Hazardous Waste and Environmental Liability – A hazardous waste and environmental liability policy (or an endorsement to its general liability policy) covering environmental pollution and contamination. Said coverage shall be in the amount of not less than three million dollars ($3,000,000.00) per occurrence, and ten million dollars ($10,000,000.00) in the aggregate for on-site, under-site, or off-site bodily injury and property damage and regulatory fines as a result of pollution conditions which may arise from operations, performed pursuant to this Agreement. This policy shall cover liability arising from the release of waste materials and/or irritants, contaminants or pollutants. Such coverage shall, if commercially available without involvement of City, automatically broaden in its form of coverage to include legislated changes in the definition of waste material and/or irritants, contaminants or pollutants. This policy shall stipulate this insurance is primary and no other insurance carried by City will be called upon to contribute to the loss suffered by the Contractor hereunder and waive subrogation against the City and other additional insureds.
Deductibles and Self-insured Retention
Any deductibles or self-insured retention must be declared to, and approved by, City. City shall not unreasonably withhold approval of any deductible or self-Insured retention amounts where Contractor can demonstrate a successful history of managing such Deductibles or Self-Insured Retention amounts.
Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
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1. General Liability and Automobile Liability Coverages a) The City of Lomita, its elective and appointive boards, commissions, officers, employees, contractors, agents and volunteers are to be named as additional insureds on each of the policies and policy endorsements as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Lomita, its elective and appointive boards, commissions, officials, employees, contractors, agents or volunteers.
b) The insurance required by this Agreement shall be with insurer carriers that are rated by Best as A- or better, and admitted to write insurance by the State of California. The insurance required by this Agreement is in addition to, and not in lieu or limitation of, the indemnification provisions above in this Agreement.
c) This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Lomita may possess including any self-insured retention the City of Lomita may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it.
d) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Lomita, its officials, elective and appointive boards, commissions, employees, agents or volunteers.
e) This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.
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2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against the City of Lomita, its officials, elective or appointed officials, commissions, employees, agents and volunteers for losses arising from any work performed by the named insured for the City.
3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party for whatever reason except after thirty (30) days' prior written notice (ten (10) days in the event of termination for non-payment) by certified mail, return receipt requested, has been given to City of Lomita.
Such notice shall be sent to the City Manager, City Attorney and City Clerk.
Subcontractors Required to Carry Insurance
In the event any services required under this Agreement are provided by a subcontractor, Contractor shall require any such subcontractor to provide insurance coverages in accordance with this insurance coverages required by this Agreement. Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.
Rights of Subrogation
All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against City with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all losses covered by the above-described insurance. Contractor shall ensure that any companies issuing insurance to cover the requirements contained in this Agreement agree that they shall have no recourse against City for payment or assessments in any form on any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured Duties in the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which City is named as an additional insured shall not apply to City.
Modification of Insurance Requirements
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modification or waiver is in the best interest of City considering all relevant factors, including exposure to City.
Evidence of Coverage; Insurance Repository
Contemporaneously with the execution of this Agreement, Contractor shall file certificates and/or endorsements of insurance evidencing the above-required insurance coverage with the City Clerk. From time to time thereafter, Contractor shall provide substitute certificates or endorsements at least thirty (30) days prior to any changes in coverage or limits, or a change in the carrier. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor shall establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for fifty (50) years after the end of the Term during which Collection services are to be provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies, and Contractor shall provide copies or originals of such policies to City. This provision shall survive the expiration of the Term of this Agreement.
14.9 Performance Bond or Letter of Credit
Upon the Effective Date of this Agreement, Contractor shall provide a performance bond or letter of credit bond (collectively "performance bond") in a form acceptable to City.
Performance Bond shall be an amount equal to three hundred thousand dollars ($300,000.00). City shall decide whether Contractor shall provide a performance bond or a letter or credit.
Performance Bond
If selected by City, the performance bond shall be executed by a surety company that is acceptable to the City; an admitted surety company licensed to do business in the State of California; has an "A:V11" or better rating by A. M. Best or Standard and Poors; and is included on the list of surety companies approved by the Treasurer of the United States.
The performance bond shall be on terms acceptable to the City Attorney. The Performance Bond shall serve as security for the faithful performance by Contractor of all the provisions and obligations of this Agreement.
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Letter of Credit
If selected by City, the letter of credit must be issued by an FDIC insured banking institution chartered to business in the state of California, in the City's name, and be callable at the discretion of the City. Nothing in this section shall, in any way, obligate the City to accept a letter of credit in lieu of the performance bond.
Failure to Perform; Forfeiture of Performance Bond
Upon Contractor’sfailure to pay the City an amount due, or to perform any services under this Agreement, the performance bond may be assessed by the City, for purposes including, but not limited to:
1. Reimbursement of costs borne by the City to correct any violations of this Agreement not corrected by Contractor, after City provides notice in accordance with Section 19.
2. To provide monetary remedies or to satisfy damages assessed against Contractor due to a material breach of this Agreement; or
3. To satisfy an order of the mediator.
Contractor shall deposit a replacement instrument sufficient to restore the Performance Bond to the original amount within thirty (30) days after notice from the City that any amount has been levied against the Performance Bond. Contractor shall be relieved of the foregoing requirement to replenish the Performance Bond during the pendency of an appeal from the City's decision to draw on the Performance Bond.
In the event the City draws on the Performance Bond, all of City's costs of collection and enforcement of the provisions relating to the Performance Bond called for by this section, including reasonable attorneys' fees and costs, shall be paid by Contractor.
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Section 15 EMERGENCY SERVICE
15.1 Preparedness
Upon request, Contractor shall provide its management expertise and contribute to City’s emergency preparedness planning efforts at no additional charge to City.
15.2 Assistance with Disaster Recovery
In the event of any natural or man-caused emergency or disaster, Contractor shall Collect and dispose of Solid Waste resulting from the emergency or disaster. Contractor shall help City and Customers recover from the disaster in a prompt and cost-effective manner.
Contractor shall provide the Collection equipment and personnel normally assigned to the City for the number of Work Days that that equipment and personnel typically work in the City.
15.3 Additional Costs
If the emergency or disaster requires the Contractor to rent additional equipment, employ additional personnel, or work existing personnel overtime to Collect additional Solid Waste resulting from the event, Contractor shall receive additional compensation, above its normal compensation in this Agreement, to reimburse Contractor for its additional costs. The Contractor’s additional costs shall be based on the incremental amount of labor and equipment used by Contractor to Collect Solid Waste resulting from the event. For its additional labor and equipment, City shall reimburse Contractor based on the emergency service rates shown below in Table 2. The Rates in Table 2 shall be adjusted each year on July 1st based on the same rate adjustment percent increase calculated pursuant to Section 9.2. Prior to incurring any such additional costs, Contractor shall obtain City’s written authorization to incur such costs.
Table 2 – Emergency Service Rates
Labor Position or Equipment Type Hourly Rate
Helper/Laborer $65.00
Driver $65.00
Supervisor $85.00
Automated Side-loader $125.00
Front-loader $125.00
Rolloff $125.00
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15.4 City-wide Effort to Manage Disaster Debris
In the event that the City decides to oversee a coordinated effort to manage the Collection and Recycling of disaster-related Solid Waste on a city-wide basis, Contractor shall provide City with its management expertise, including a full-time recycling coordinator with the background, knowledge and capability to assist in such an effort.
Contractor shall provide this individual at no additional cost to City or its Customers.
15.5 Record Keeping and Reimbursement
Contractor shall assist the City and Customers in obtaining any applicable disaster reimbursement and/or insurance claims by providing accurate records regarding the cost of services it provided during the aftermath of the disaster, and the amount of Solid Waste resulting from the disaster.
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Section 16 BILLING AUDITS AND PERFORMANCE REVIEWS
16.1 Billing and Performance Audit
Selection and Cost
The City may conduct two (2) billing audits and performance reviews ("reviews") of Contractor’s performance during the term of this Agreement. The reviews will be performed by a qualified firm under contract to the City. The City shall have the final responsibility for the selection of the firm but shall seek and accept comments and recommendations from Contractor. Contractor shall be responsible to reimburse City for the cost of the review up to a maximum of thirty-five thousand dollars ($35,000.00) for each review.
Purpose
The reviews shall be designed to meet the following objectives:
1. Verify that customer billing rates have been properly calculated and they correspond to the level of service received by the customer.
2. Verify that franchise fees, and other fees required under this Agreement have been properly calculated and paid to the City.
3. Verify Contractor’s compliance with the reporting requirements and performance standards of the Collection Service Agreement.
4. Verify the diversion percentages reported by Contractor.
Contractor’s Cooperation
Contractorshall cooperate fully with the reviews and provide all requested data, including operational data, financial data and other data requested by the City within thirty (30) Work Days. Failure of Contractor to cooperate or provide the requested documents in the required time shall be considered an event of default.
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16.2 City Requested Program Review
The City reserves the right to require Contractor to periodically conduct reviews of the Solid Waste, Recyclable Materials, Food Waste (if available) and Green Waste Collection programs to assess one or more of the following performance indicators: average volume of Recyclable Materials per setout per customer, average volume of Green Waste and or food scraps per setout per customer, participation level, and contamination levels. Prior to the program evaluation review, City and Contractorshall meet and discuss the purpose of the review and agree on the method, scope, and date to be provided by Contractor.
16.3 Cooperation with Other Program Reviews
If the City wants to collect program data, perform field work, conduct route audits to investigate customer participation levels and setout volumes and/or evaluate and monitor program results related to Solid Waste, Recyclable Materials, Food Waste (if available) and Green Waste collected in the City by Contractor, Contractorshall cooperate with the City or its agent(s). Contractor shall also cooperate with any waste generation studies or conducted by the City or its agent(s).
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Section 17 MODIFICATIONS TO THE AGREEMENT
17.1 Agreement Modifications and Changes in Law
The City and Contractor acknowledge that the California Legislature has the authority to make comprehensive changes in Solid Waste, Recyclable Materials, Food Waste or Green Waste Management legislation and that these and other changes in law in the future which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Contractor agrees that the terms and provisions of the Municipal Code, as it now exists or as it may be amended in the future, shall apply to all of the provisions of this Agreement and the Customers of Contractor located within the Service Area. In the event any future change in law, modifications to the City Municipal Code, or directed changes by the City materially alters the obligations of Contractor, then the affected compensation as established under this Agreement shall be adjusted, subject to any applicable legal requirements for increasing rates. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. The City and Contractor agree to enter into good faith negotiations regarding modifications to this Agreement which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to this Agreement, the City and Contractor shall negotiate in good faith a reasonable and appropriate compensation adjustment for any increase or decrease in the services or other obligations required of Contractor due to any modification in the Agreement under this section. The City and Contractor shall not unreasonably withhold agreement to such compensation adjustment.
17.2 Compensation Adjustments
In the event of a change in laws or regulations of any governmental agency that will require additional or different services to be provided by Contractor which are not otherwise covered by this Agreement, Contractor shall provide City with a written rate increase request for additional compensation to Contractor based on such additional or different services. If the City does not agree with such rate increase, City, in addition to negotiating with Contractor may submit the matter to non-binding mediation upon the following terms and conditions in Section 17.7. Any such adjustments to Rates due to changes in laws or regulations shall require a notice and hearing pursuant to Prop 218.
The cost for the Prop 218 hearing will be shared equally between the City and Contractor.
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17.3 City-directed Changes
City may direct Contractor to perform additional services (including new diversion programs and additional public education activities), eliminate programs, or modify the manner in which it performs existing services. Changes in the minimum diversion requirement set forth in this Agreement, direction of Waste to a Disposal Facility other than that originally selected by the City, direction of Recyclable Materials, Food Waste or Green Waste to a processing facility other than that selected by Contractor, pilot programs and innovative services, which may entail new Collection methods, targeted routing, different kinds of services, different types of Collection vehicles, and/or new requirements for Customers are included among the kinds of changes which City may direct. Contractor shall be entitled to an adjustment in its compensation for providing such additional or modified services but not for the preparation of its proposal to perform such services. Any such adjustments to Rates due to City-directed changes shall require a notice and hearing pursuant to Prop 218. Contractor will not be responsible for the cost of the Prop 218 hearing.
17.4 Service Proposal
Within thirty (30) calendar days of receipt of a request for a service change from the City, Contractor shall submit a proposal to provide such service. At a minimum, the proposal shall contain a complete description of the following:
• Collection methodology to be employed (manual, automated, semi-automated, and manpower).
• Equipment to be utilized (vehicle number, types, capacity, and age). • La b or r eq uirements ( n u mber of employees b y classification). • Type of carts to be utilized.
• Provision for program publicity, education, and marketing. • Five (5) year projection of the financial results of the program's operations in an operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions, giving full effect to the savings or costs to existing services.
17.5 City May Permit Other Contractors to Provide Service City shall have the right to permit other contractors or companies besides Contractor to provide additional Collection Services and that Contractor cannot or will not provide in September 5, 2023, Reg. CC Mtg., Page #475
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ninety (90) calendar days from the date when City first requests a proposal from Contractor to perform such services.
17.6 Monitoring and Evaluation
If the City requests, Contractor shall meet with the City to describe the progress of each new program and other service issues. If applicable, Contractorshall document the results of the new programs on a monthly basis, including at a minimum the tonnage diverted by material type, the end use or processor of the diverted materials and the cost per ton for transporting and processing each type of material and other such information requested by Contractor and/or City necessary to evaluate the performance of each program.
At each meeting, the City and Contractor shall have the opportunity to discuss revisions to the program. The City shall have the right to terminate a program if, in its sole discretion, Contractor is not cost effectively achieving the program's goals and objectives.
Prior to such termination, the City shall meet and confer with Contractor for a period of up to ninety (90) calendar days to resolve the City's concerns. Thereafter, the City may utilize a third party to perform these services if the City reasonably believes the third party can improve on Contractor’s performance and/or cost. Notwithstanding these changes, Contractor shall continue the program during the ninety (90) day period and, thereafter, until the third party takes over the program.
17.7 Dispute Resolution – Modifications to Agreement
All disputes relating to service or compensation changes as specified in this section of this Agreement shall be resolved by non-binding mediation according to the following procedures:
1. The party desiring mediation shall first give written notice thereof to the other party to this Agreement, specifying the dispute to be mediated.
2. The mediation shall be held at Lomita, California, or at such other location as may be mutually agreed among the parties. The mediation shall be conducted according to and a mediator chosen pursuant to the rules of the American Arbitration Association.
3. At least ten (10) Work Days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to September 5, 2023, Reg. CC Mtg., Page #476
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bind the party, if a subsequent dispute will involve third parties, such as insurers or subcontractors, they shall also be asked to participate in the mediation.
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Section 18 LIQUIDATED DAMAGES
18.1 Liquidated Damages
The City and Contractor acknowledge that consistent and reliable Collection Service is of utmost importance to City and that City has considered and relied on Contractor’s representations as to its quality of service in awarding this Agreement to Contractor. The City and Contractor further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance.
The City and Contractor further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner, City, and City’s residents and businesses will suffer damages and that it would be impractical and extremely difficult to ascertain and determine the exact amount of damages.
Therefore, without prejudice to City’s right to treat such non-performance as an event of default under Section 19, and in accordance with Civil Code Section 1671 and Government Code Section 53069.85, the City and Contractor agree that the liquidated damages amount defined in this Section represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to City, customers and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. The City and Contractor each confirm the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Contractor shall pay (as liquidated damages and not as penalty) the amounts shown in Table 3 on the following page.
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Table 3 – Liquidated Damages
Item Amount
a.
Failure or neglect to resolve each complaint within the time set forth in this Agreement.
$100.00 per incident per
Customer.
b. Failure to clean up spillage or litter caused by Contractor. $500.00 per incident per location.
c. Failure to repair damage to customer property caused by Contractor or its personnel.
$500.00 per incident per
location.
d. Failure to repair damage to City property caused by Contractor or its personnel.
$1,500.00 per incident per
location.
e. Failure to repair damage to City streets caused by Contractor or its personnel.
$1,500.00 per incident and
the actual cost of repair to
City’s satisfaction; at no
cost to City.
f. Failure to maintain equipment in a clean, safe, and sanitary manner
$250.00 per incident per
day.
g. Failure to have a vehicle operator properly licensed. $250.00 per incident per day.
h. Failure to maintain or timely submit to City all documents and reports required under the provisions of this Agreement. $250.00 per incident per
day.
i. Commingling of materials Collected inside and outside the City of Lomita.
$1,000.00 per incident.
j. Failure to repair or replace damaged carts within the time required by this Agreement.
$100.00 per incident per
day.
k. Disposal of Recyclable Materials, Food Waste, or Green Waste in the Disposal Facility without first obtaining the required permission of the City.
$1,000.00 per load.
l. Failure to meet minimum diversion standards. $15,000.00 each occurrence
18.2 Procedure for Assessment of Liquidated Damages
The City Manager may assess liquidated damages pursuant to Section 18.1 on a monthly basis. At the end of each month during the term of this Agreement, the City Manager shall issue a written notice to Contractor ("Notice of Assessment") of the liquidated damages assessed and the basis for each assessment.
The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made.
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The City Managershall schedule a meeting with Contractor as soon as reasonably possible after timely receipt of Contractor’s request.
The City Manager shall review Contractor’s evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting.
Written notice of the decision shall be provided to Contractor.
In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City Manager's determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day. Or at the sole option of City, if monies are owed to Contractor, City may deduct the liquidated damages from amounts otherwise due to Contractor.
City's assessment or collection of liquidated damages shall not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure to perform the work and services in the manner set forth in this Agreement.
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Section 19 EVENTS OF DEFAULT; ADMINISTRATIVE REMEDIES; TERMINATION
19.1 Events of Default
City reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following:
1. If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement;
2. If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding;
3. If Contractor fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage, Cash and Performance Bonds as required by this Agreement;
4. If Contractor violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, in any material manner, provided that Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Contractor is entered;
5. If Contractor ceases to provide Collection Service as required under this Agreement over all or a substantial portion of the City for a period of two (2) calendar days or more, for any reason within the control of Contractor;
6. If Contractor fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement;
7. If Contractor fails to achieve diversion levels for the waste stream covered by this Agreement at levels sufficient to achieve the diversion goals required of the City, as determined by CalRecycle, or City determines that the City has or will fail to meet its diversion goals, Contractor shall have an opportunity to cure this material breach, within the time allotted by CalRecycle, or City, as appropriate; September 5, 2023, Reg. CC Mtg., Page #481
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8. If the operations of Contractor shall be contrary to the public health, safety, wellbeing, peace, welfare or morals, or shall be found to constitute a public nuisance;
9. If Contractor violates any material federal or state law, regulation of the CalRecycle, a local enforcement agency, the City Municipal Code, or any material condition of the Agreement affecting public health and safety in the City; or,
10.Any other act or omission by Contractor which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter.
City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement.
19.2 Waiver of Rights
Contractor waives any rights it may have to challenge the terms of this Agreement under federal, state, or local law except as provided in the dispute resolutions provisions of this Agreement.
19.3 Notice of Deficiencies; Response
If the City Manager determines that Contractor’s performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the City may advise Contractorin writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The City, in any written Notification of Deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall correct the deficiencies and respond to the written Notification of September 5, 2023, Reg. CC Mtg., Page #482
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Deficiencies within thirty (30) days from the receipt by Contractor of such written notice.
Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time.
19.4 Review by City Manager; Notice of Appeal
The City Manager shall review any written response from Contractor and shall decide the matter. If the City Manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Section 19.5 and 19.6, below, or refer the matter directly to a mediator as provided in Section 19.7, below. The City Manager shall promptly inform Contractor of their decision. In the event the decision is adverse to Contractor, the City Managershall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered.
An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis and all legal contentions and shall include all relevant evidence, including affidavits, documents, and videotapes, which Contractor may choose to submit.
19.5 City Council Hearing
If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter, or refer the matter to a mediator as provided in section 19.8, below. If the City Council elects to hear the matter, the City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following:
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1. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options;
2. The City Manager's written Notification of Deficiencies;
3. Contractor’s response to the Notification of Deficiencies;
4. The City Manager's written notification to Contractor of adverse decision; and,
5. Contractor’s Notice of Appeal to the City Council.
No new legal issues may be raised, nor may new evidence be submitted by Contractor or City at this hearing, or at any further point in the proceedings, absent a showing of good cause. City, Contractor’s representatives and other interested persons shall have a reasonable opportunity to be heard.
19.6 City Council Determination
Based on the administrative record, the City Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor’s performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Contractor files a "Notice of Appeal to Mediator" with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 Work Days of receipt of the decision or order of the City Council. With the exception of draws on the Performance Bond, the execution of City's remedies shall be stayed until Contractor has exhausted its appeals under this Section 19 of this Agreement.
September 5, 2023, Reg. CC Mtg., Page #484
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Solid Waste Collection Agreement
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19.7 Appeal to Mediator
Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council or City Manager under this Section 19.7, as provided in 19.8, below, by filing a Notice of Appeal to Mediator with the City Clerk within ten (10) Work Days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 19.8, below. A decision of the City Manager to refer a matter to the City Council or, in the alternative, directly to a mediator may not be appealed. A decision of the City Council with respect to rate adjustments is not subject to an appeal by Contractor to a mediator, or the provisions of Section 19.8.
19.8 Negotiation and Mediation
Except as may otherwise be set forth expressly in this Agreement, all disputes arising under this Agreement shall be resolved as set forth in this Section. Contractor and the City (the "Parties" or "Party") shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rate share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses.
19.9 Confidentiality
All negotiations and any mediation conducted pursuant to this section shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference.
September 5, 2023, Reg. CC Mtg., Page #485
City of Lomita
Solid Waste Collection Agreement
96 of 105
19.10 Injunctive Relief
Either Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.
19.11 Continuing Obligation
Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement.
19.12 Failure of Mediation
If after good faith efforts to mediate a dispute under the terms of this Agreement the parties cannot agree to a resolution of the dispute, any party may pursue whatever legal remedies may be available to it at law or in equity before a court of competent jurisdiction and with venue in Los Angeles County.
September 5, 2023, Reg. CC Mtg., Page #486
City of Lomita
Solid Waste Collection Agreement
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Section 20 FAILURE TO PERFORM
Should Contractor for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 22.1, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste which it is obligated under this Agreement to Collect, and as a result, solid waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to Collect and transport any or all Solid Waste which Contractor is obligated to Collect and transport pursuant to this Agreement.
City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to Collect and transport any or all Solid Waste which Contractor would otherwise Collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event, Contractor shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for all of City’s expenses for such substitute services during period in which Contractor is unable to provide Collection and transportation services required by this Agreement.
September 5, 2023, Reg. CC Mtg., Page #487
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Solid Waste Collection Agreement
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Section 21 TRANSFER OR ASSIGNMENT
The rights granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges in this Agreement be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any Person, either by act of Contractor or by operation of law, without the prior written consent of the City expressed by resolution. Any attempt to do any of the foregoing with respect to any of the rights in this Agreement without the consent of City shall be void. For purposes of this Agreement, any dissolution, merger, consolidation, change in control or other reorganization of Contractor shall be deemed an assignment of this Agreement. For purposes of this section, a change of corporate name and a transfer to an entity under common control or ownership of Contractor shall not be deemed a transfer of rights.
The decision to consent to any assignment shall be in the sole discretion of the City Manager, as confirmed by Resolution adopted by the City’s City Council.
Any application for a transfer of rights shall be made in a manner prescribed by the City Manager. The application shall include a transfer fee in an amount equal to one hundred thousand dollars ($100,000.00). The transfer fee shall be paid by Contractor or Contractor’s assignee upon any such transfer of this Agreement. If City does not receive the transfer fee within thirty (30) days of the transfer date, City shall have the right to terminate this Agreement. The City, in its sole discretion, may waive all or any portion of the transfer fee.
Each and all of the provisions, agreements, terms, covenants, and obligations in this Agreement to be performed by Contractor shall be binding upon any transferee.
September 5, 2023, Reg. CC Mtg., Page #488
City of Lomita
Solid Waste Collection Agreement
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Section 22 GENERAL PROVISIONS
22.1 Force Majeure
Contractor shall not be in default under this Agreement in the event that the Collection, transportation and/or disposal services of Contractor are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of Lomita; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires (including brushfires); strikes, lockouts and other labor disturbances; or other catastrophic events which are beyond the reasonable control of Contractor. "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where Contractor has failed to exercise reasonable diligence. In the event a labor disturbance interrupts Collection and transportation of Solid Waste, and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 19 of this Agreement.
22.2 Independent Status
Contractor is an independent entity and not an officer, agent, servant or employee of City.
Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors and sub-contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor, nor an arrangement for the disposal of hazardous substances. Contractor nor its officers, employees, agents or sub-contractors shall obtain any rights to retirement or other benefits, which accrue to City employees.
22.3 Permits and Licenses
Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect throughout the term of this Agreement. Contractorshall provide proof of such permits, licenses or approvals and shall demonstrate compliance with the terms and conditions of such permits, licenses and approvals upon the request of the City Manager
September 5, 2023, Reg. CC Mtg., Page #489
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Solid Waste Collection Agreement
100 of 105
22.4 Ownership of Electronic and Written Materials
All reports, documents, brochures, public education materials, and other written, printed, electronic or photographic materials developed by City or Contractor in connection with the services to be performed under this Agreement, whether developed directly or indirectly by City or Contractor shall be and shall remain the property of City without limitation or restrictions on the use of such materials by City. Contractor shall not use such materials in connection with any project not connected with this Agreement without the prior written consent of the City Manager. This section does not apply to ideas or concepts described in such materials and does not apply to the format of such materials.
22.5 Transition to Next Contractor
In the event Contractor is not awarded a new contract to continue to provide Collection Services following the expiration or early termination of this Agreement, Contractor shall cooperate fully with City and any subsequent contractors to assure a smooth transition of services described in this Agreement. Such cooperation shall include but not be limited to transfer of computer data, files and tapes; providing routing information, route maps, vehicle fleet information, and list of Customers; providing a complete inventory of all carts and bins; providing adequate labor and equipment to complete performance of all Collection Services required under this Agreement; taking all actions necessary to transfer ownership of carts and bins, as appropriate, to City; including transporting such containers to a location designated by the City Manager; coordinating Collection of materials set out in new containers if new containers are provided for a subsequent Agreement and providing other reports and data required by this Agreement.
22.6 Waiver
Waiver by City or Contractor of any breach for violation of any term covenant or condition of this Agreement shall not be deemed to be a waiver of any other term, covenant or condition or any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by City of any fee, tax, or any other monies which may become due from Contractor to City shall not be deemed to be a waiver by City of any breach for violation of any term, covenant or condition of this Agreement.
September 5, 2023, Reg. CC Mtg., Page #490
City of Lomita
Solid Waste Collection Agreement
101 of 105
22.7 Right to Require Performance
The failure of the City at any time to require performance by Contractor of any provision hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
22.8 Joint Drafting
This Agreement was drafted jointly by the parties.
22.9 Headings
Headings in this Agreement are for convenience of reference only and are not to be considered in any interpretation of the Agreement.
22.10 Exhibits
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each such Exhibit is a part of this Agreement and each is incorporated by this reference.
22.11 Compliance with Laws and Regulations
Contractor shall comply with all applicable laws and implementing regulations of the federal and state government, as they, from time to time, may be amended, specifically including, but not limited to, RCRA, CERCLA, and AB 939; and, all applicable ordinances of the City.
22.12 Changes in Municipal Code
City shall provide written notice to Contractor of any planned amendment of the City Municipal Code that would substantially affect the performance of Contractor’s services pursuant to this Agreement. Such notice shall be provided at least thirty (30) calendar days prior to the City Council's first reading of such an amendment.
22.13 Law to Govern; Venue
The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the September 5, 2023, Reg. CC Mtg., Page #491
City of Lomita
Solid Waste Collection Agreement
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event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.
22.14 Amendments
All amendments to this Agreement shall be in writing, duly executed by the parties.
Purported oral amendments shall be void and of no force or effect.
22.15 Notices
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, addressed as follows:
To City: Ryan Smoot
City Manager
City of Lomita
24300 Narbonne Ave.
Lomita, CA 90717
[email protected]
Copy to: Gary Sugano
Assistant City Manager
City of Lomita
24300 Narbonne Ave.
Lomita, CA 90717
[email protected]
Copy to: City Attorney ’s Office
City of Lomita
Attention: Lauren Langer
Best Best & Krieger LLP
1230 Rosecrans Suite 110
Manhattan Beach, CA 90266
[email protected]
September 5, 2023, Reg. CC Mtg., Page #492
City of Lomita
Solid Waste Collection Agreement
103 of 105
To Contractor: William Kalpakoff
General Manager
CalMet Services, Inc.
7202 Petterson Ln.
Paramount, CA 90723
[email protected]
or to such other address as either party may from time to time designate by notice to the other given in accordance with this section. Notice shall be deemed effective on the date personally served if mailed, three (3) Work Days from the date such notice is deposited in the United States mail.
Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made by written notice.
Facsimile or email transmission is acceptable notice, effective when received, however, facsimile or email transmissions received after 4:30 p.m. or on weekends or holidays, will be deemed received on the next Work Day. Receipt is deemed to have taken place within three (3) Work Days of notice mailed by U.S. Postal Service return receipt requested. The original of items that are transmitted by facsimile equipment or email must also be mailed as required in this Agreement.
Notice by City to Contractor of a Collection or other Customer problem or complaint may be given to Contractor orally by telephone at Contractor’s local office with confirmation sent as required above by the end of the Work Day.
22.16 Severability
If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
22.17 Attorney’s Fees
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies in this Agreement or the enforcement of any of the terms, conditions, or provisions in this Agreement.
September 5, 2023, Reg. CC Mtg., Page #493
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Solid Waste Collection Agreement
104 of 105
22.18 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced in this Agreement and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
September 5, 2023, Reg. CC Mtg., Page #494
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Solid Waste Collection Agreement
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WITNESS the execution of this Agreement on the day and year written below.
CITY OF LOMITA
_____________________________
Henry Sanchez, Jr., Mayor
ATTEST:
__________________________________
Kathleen Hill, CMC, City Clerk
APPROVED AS TO FORM:
__________________________________
Christi Hogin, City Attorney
Contractor
CalMet
_________________________________
By:_______________________________
September 5, 2023, Reg. CC Mtg., Page #495
City of Lomita
Solid Waste Collection Agreement
1 of 5
Exhibit A – Residential Rate Schedule
1 32 64 96
2 0.1298 0.1370 0.1514
3 8.43$ 8.91$ 9.84$
4 12.32$ 12.45$ 13.76$
5 2.05$ 2.11$ 2.33$
6 Monthly Solid Waste Collection Rate (Lines A3 + A4 +A5) 22.80$ 23.47$ 25.93$ 1 32 64 96
2 0.1298 0.1370 0.1514
3 8.43$ 8.91$ 9.84$
4 47.99$ 48.66$ 49.96$
5 5.58$ 5.69$ 5.91$
6 Monthly Solid Waste Collection Rate (Lines B3 + B4 +B5) 62.00$ 63.26$ 65.71$ 1 32 64 96
2 13.66$ 13.66$ 13.66$
3 4.21$ 4.21$ 4.21$
4 13.59$ 13.59$ 13.59$
42.11$
18.12$
Maximum Rates - Residential Customers
July 1, 2019 - June 30, 2020
A. CURBSIDE COLLECTION SERVICE
C. ADDITIONAL SERVICES
Solid Waste Cart Sizes (gallons)
Monthly Per Unit Disposal Generation Factor
Solid Waste Disposal Component (per ton disposal rate X the monthly generation factor)
Collection Component
Franchise Fee Component (9%)
B. SUBSCRIPTION BACKYARD COLLECTION SERVICE
Solid Waste Cart Sizes (gallons)
Monthly Per Unit Disposal Generation Factor
Solid Waste Disposal Component (per ton disposal rate X the monthly generation factor)
Collection Component
Franchise Fee Component (9%)
Solid Waste Cart Sizes (gallons)
Additional Solid Waste Cart (added to Line A6)
Additional Recycling Cart after one free
(added to Line A6 or B4)
Additional Green Waste Cart after one free
(added to Line A6 or B4)
first item/occurrence
each additional item/occurrence
each additional Solid Waste
cart/occurrence
6 Additional Cart Replacement 12.05$ each additional Solid Waste cart/occurrence
5 Additional Cart Exchange 12.05$
7 Additional Bulky Items Collection
September 5, 2023, Reg. CC Mtg., Page #496
City of Lomita
Solid Waste Collection Agreement
2 of 5
Exhibit B – Multi-family Rate Schedule
Container
Size 1X Week 2X Week 3X Week 4X Week 5X Week 6X Week
96 Monthly Per Unit Disposal Generation Factor 0.1514
$ 9.84
$ 13.76
$ 2.33
$ 25.93
Collection $ 68.94 $ 135.72
Disposal $ 24.60 $ 51.64
Franchise Fee $ 9.25 $ 18.53
TOTAL $ 102.79 $ 205.89
Collection $ 21.50
Disposal $ 15.00
Franchise Fee $ 3.50
TOTAL $ 40.00
Collection $ 110.00 $ 220.00
Disposal $ 50.00 $ 100.00
Franchise Fee $ 26.00 $ 52.00
TOTAL $ 186.00 $ 372.00
Collection $ 49.90 $ 75.32 $ 100.75 $ 126.17 $ 151.61 $ 177.03 Disposal $ 28.29 $ 56.53 $ 84.80 $ 113.06 $ 141.34 $ 169.58 Franchise Fee $ 7.73 $ 13.04 $ 18.35 $ 23.66 $ 28.97 $ 34.28 TOTAL $ 85.92 $ 144.89 $ 203.90 $ 262.89 $ 321.92 $ 380.89 Collection $ 58.33 $ 92.26 $ 126.17 $ 160.07 $ 193.99 $ 227.89 Disposal $ 37.69 $ 75.38 $ 113.06 $ 150.74 $ 188.45 $ 226.10 Franchise Fee $ 9.50 $ 16.58 $ 23.66 $ 30.74 $ 37.82 $ 44.90 TOTAL $ 105.52 $ 184.22 $ 262.89 $ 341.55 $ 420.26 $ 498.89 Collection $ 75.32 $ 126.17 $ 177.03 $ 227.89 $ 278.76 $ 329.62 Disposal $ 56.53 $ 113.06 $ 169.58 $ 226.10 $ 282.64 $ 339.16 Franchise Fee $ 13.04 $ 23.66 $ 34.28 $ 44.90 $ 55.52 $ 66.14 TOTAL $ 144.89 $ 262.89 $ 380.89 $ 498.89 $ 616.92 $ 734.92 Cart Service 65 gal Organics Collection, Extra Empty
Cart Service 65 gal Organics Collection
2 CY Organics Collection
Monthly Solid Waste Collection Rate
Solid Waste Disposal Component (per ton disposal rate X the monthly generation factor)
Collection Component
Franchise Fee Component (9%)
Solid Waste Cart Sizes (gallons)
Maximum Rates - Multi-family Customers
July 1, 2019 - June 30, 2020
Collection Frequency
Cart Service 1X Week
1.5 CY
2 CY
3 CY
September 5, 2023, Reg. CC Mtg., Page #497
City of Lomita
Solid Waste Collection Agreement
3 of 5
Exhibit B (continued)
Container
Size 1X Week 2X Week 3X Week 4X Week 5X Week 6X Week
Collection $ 75.32 $ 126.17 $ 177.03 $ 227.90 $ 278.76 $ 329.62 Disposal $ 226.10 $ 452.25 $ 678.35 $ 904.46 $ 1,130.57 $ 1,356.70 Franchise Fee $ 29.81 $ 57.21 $ 84.60 $ 111.99 $ 139.38 $ 166.78 TOTAL $ 331.23 $ 635.63 $ 939.98 $ 1,244.35 $ 1,548.71 $ 1,853.10 Collection $ 92.26 $ 160.07 $ 227.89 $ 295.71 $ 363.53 $ 431.34 Disposal $ 75.38 $ 150.74 $ 226.10 $ 301.51 $ 376.85 $ 452.25 Franchise Fee $ 16.58 $ 30.74 $ 44.90 $ 59.07 $ 73.22 $ 87.39 TOTAL $ 184.22 $ 341.55 $ 498.89 $ 656.29 $ 813.60 $ 970.98 Collection $ 126.17 $ 227.89 $ 329.62 $ 431.34 $ 533.08 $ 634.79 Disposal $ 113.06 $ 226.10 $ 339.16 $ 452.25 $ 565.30 $ 678.35 Franchise Fee $ 23.66 $ 44.90 $ 66.14 $ 87.39 $ 108.63 $ 129.87 TOTAL $ 262.89 $ 498.89 $ 734.92 $ 970.98 $ 1,207.01 $ 1,443.01 $ 323.68
$ 323.68
$ 470.15
Push Rates (Per
10 Ft) $ 10.59 $ 21.19 $ 31.78 $ 42.40 $ 52.99 $ 63.58
Scout Service
$ 41.06 $ 82.14 $ 123.20 $ 164.23 $ 205.31 $ 246.36
Lock Lid Service $ 18.55 $ 37.09 $ 55.63 $ 74.17 $ 92.70 $ 111.26 Back Out (Per 50
Ft) $ 18.55 $ 37.09 $ 55.63 $ 74.17 $ 92.70 $ 111.26
Cart or Bin
Cleaning (Ea
Occurrence)
Cart $ 24.44 1-4 CY Bin $ 73.35 5+ CY Bin $ 73.35
$ 91.67 Each add'l cart or bin
$ 91.67 per occurrence
$ 29.52
$ 91.67
Collection Frequency
Redelivery of Containers due to Non-payment Each container 10 CY Box Lowboy Collection Per pull + Disposal/Processing Cost + 9% Franchise Fee Compactor Collection Per pull + Disposal/Processing Cost + 9% Franchise Fee Additional Bin or Cart Exchange
Additional Bin or Cart Replacement
Restarting Discontinued Service due to Non-payment Each restart 40 CY Box Collection Per pull + Disposal/Processing Cost + 9% Franchise Fee 3 CY Compactor
4 CY
6 CY
Maximum Rates - Multi-family Customers
July 1, 2019 - June 30, 2020
September 5, 2023, Reg. CC Mtg., Page #498
City of Lomita
Solid Waste Collection Agreement
4 of 5
Exhibit C – Commercial Rate Schedule
Container
Size 1X Week 2X Week 3X Week 4X Week 5X Week 6X Week
Collection $ 26.21
Disposal $ 18.73
Franchise Fee $ 4.44
TOTAL $ 49.38
Collection $ 68.94 $ 135.72
Disposal $ 24.60 $ 51.64
Franchise Fee $ 9.25 $ 18.53
TOTAL $ 102.79 $ 205.89
Collection $ 21.50
Disposal $ 15.00
Franchise Fee $ 3.50
TOTAL $ 40.00
Collection $ 110.00 $ 220.00
Disposal $ 50.00 $ 100.00
Franchise Fee $ 26.00 $ 52.00
TOTAL $ 186.00 $ 372.00
Collection $ 49.90 $ 75.32 $ 100.75 $ 126.17 $ 151.61 $ 177.03 Disposal $ 28.29 $ 56.53 $ 84.80 $ 113.06 $ 141.34 $ 169.58 Franchise Fee $ 7.73 $ 13.04 $ 18.35 $ 23.66 $ 28.97 $ 34.28 TOTAL $ 85.92 $ 144.89 $ 203.90 $ 262.89 $ 321.92 $ 380.89 Collection $ 58.33 $ 92.26 $ 126.17 $ 160.07 $ 193.99 $ 227.89 Disposal $ 37.69 $ 75.38 $ 113.06 $ 150.74 $ 188.45 $ 226.10 Franchise Fee $ 9.50 $ 16.58 $ 23.66 $ 30.74 $ 37.82 $ 44.90 TOTAL $ 105.52 $ 184.22 $ 262.89 $ 341.55 $ 420.26 $ 498.89 Collection $ 75.32 $ 126.17 $ 177.03 $ 227.89 $ 278.76 $ 329.62 Disposal $ 56.53 $ 113.06 $ 169.58 $ 226.10 $ 282.64 $ 339.16 Franchise Fee $ 13.04 $ 23.66 $ 34.28 $ 44.90 $ 55.52 $ 66.14 TOTAL $ 144.89 $ 262.89 $ 380.89 $ 498.89 $ 616.92 $ 734.92 Maximum Rates - Commercial Customers
July 1, 2019 - June 30, 2020
Collection Frequency
96 Gallon
1.5 CY
Cart Service 65 gal Organics Collection
2 CY Organics
Cart Service 65 gal Organics Collection, Extra Empty
2 CY
3 CY
September 5, 2023, Reg. CC Mtg., Page #499
City of Lomita
Solid Waste Collection Agreement
5 of 5
Exhibit C (continued)
Container
Size 1X Week 2X Week 3X Week 4X Week 5X Week 6X Week
Collection $ 75.32 $ 126.17 $ 177.03 $ 227.90 $ 278.76 $ 329.62 Disposal $ 226.10 $ 452.25 $ 678.35 $ 904.46 $ 1,130.57 $ 1,356.70 Franchise Fee $ 29.81 $ 57.21 $ 84.60 $ 111.99 $ 139.38 $ 166.78 TOTAL $ 331.23 $ 635.63 $ 939.98 $ 1,244.35 $ 1,548.71 $ 1,853.10 Collection $ 92.26 $ 160.07 $ 227.89 $ 295.71 $ 363.53 $ 431.34 Disposal $ 75.38 $ 150.74 $ 226.10 $ 301.51 $ 376.85 $ 452.25 Franchise Fee $ 16.58 $ 30.74 $ 44.90 $ 59.07 $ 73.22 $ 87.39 TOTAL $ 184.22 $ 341.55 $ 498.89 $ 656.29 $ 813.60 $ 970.98 Collection $ 126.17 $ 227.89 $ 329.62 $ 431.34 $ 533.08 $ 634.79 Disposal $ 113.06 $ 226.10 $ 339.16 $ 452.25 $ 565.30 $ 678.35 Franchise Fee $ 23.66 $ 44.90 $ 66.14 $ 87.39 $ 108.63 $ 129.87 TOTAL $ 262.89 $ 498.89 $ 734.92 $ 970.98 $ 1,207.01 $ 1,443.01 $ 323.68
$ 323.68
$ 470.15
Push Rates (Per
10 Ft) $ 10.59 $ 21.19 $ 31.78 $ 42.40 $ 52.99 $ 63.58
Scout Service
$ 41.06 $ 82.14 $ 123.20 $ 164.23 $ 205.31 $ 246.36
Lock Lid Service $ 18.55 $ 37.09 $ 55.63 $ 74.17 $ 92.70 $ 111.26 Back Out (Per 50
Ft) $ 18.55 $ 37.09 $ 55.63 $ 74.17 $ 92.70 $ 111.26
Cart or Bin
Cleaning (Ea
Occurrence)
Cart $ 24.44 1-4 CY Bin $ 73.35 5+ CY Bin $ 73.35
$ 91.67 Each add'l cart or bin
$ 91.67 per occurrence
$ 29.52
$ 91.67 Each container
Additional Bin or Cart Replacement
Restarting Discontinued Service due to Non-payment Each restart Additional Bin or Cart Exchange
Redelivery of Containers due to Non-payment
10 CY Box Lowboy Collection Per pull + Disposal/Processing Cost + 9% Franchise Fee Compactor Collection Per pull + Disposal/Processing Cost + 9% Franchise Fee 4 CY
6 CY
40 CY Box Collection Per pull + Disposal/Processing Cost + 9% Franchise Fee 3 CY Compactor
Maximum Rates - Commercial Customers
July 1, 2019 - June 30, 2020
Collection Frequency
September 5, 2023, Reg. CC Mtg., Page #500
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: September 5, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-07 Amending Lomita Municipal Code Title XI (Planning and Zoning) to Create Mixed-Use Overlay District Regulations for Four or Fewer Residential Unit Developments Within the Downtown, Commercial (D-C) Zone within the Mixed-Use Overlay District
RECOMMENDATION
After the City Attorney reads the title of the ordinance, accept the recommendation of the Planning Commission and introduce on first reading an ordinance amending Lomita’s Municipal Code Article 58 (Mixed Use Overlay District) to update regulations, remove the minimum lot size requirement for four-or-fewer-residential-unit developments within the D-C (Downtown, Commercial) Zone within the Mixed-Use Overlay District, and Article 15 (Definitions); find the project is categorically exempt from the California Environmental Quality Act (CEQA); and direct staff to schedule the second reading and adoption of the ordinance.
PLANNING COMMISSION RECOMMENDATION
On August 14th, after continuing July 10th’s public hearing, the Planning Commission voted unanimously (6-0) to recommend the adoption of the draft ordinance (Attachment 1; redline version provided as Attachment 2).
BACKGROUND
At the July 25, 2023, public workshop for the City’s General Plan Update, attended by approximately 50 Lomita residents and/or workers, the group discussed the topic of “Land Use & Design” within Lomita. The public was invited to place stickers on their own map denoting where in the city they’d like to see certain land uses change or continue.
Unprompted, a large number of attendees in several different working groups indicated that they’d like to see more residential-over-commercial vertical mixed-use in the Downtown Lomita area. It was also a popular response in the General Plan community Item No. PH 9a
CITY OF LOMITA
CITY COUNCIL REPORT
September 5, 2023, Reg. CC Mtg., Page #501
2 survey, which garnered responses from 165 Lomita residents and employees. The project team noted this popular desire and it will be incorporated into the forthcoming recommendations for the updated General Plan.
On June 2, 2023, Chinzo Machida (owner of 24333 Narbonne Avenue) and Luis De Moraes applied for a zone text amendment to remove the minimum lot size requirement for mixed-use projects containing four or fewer residential units in the D-C Zone within the Mixed-Use Overlay Zone and to allow development standard concessions and incentives for creating deed-restricted affordable housing. The applicant’s site contains an approximately 7,520 ft2two-story commercial building on a 6,900 ft2lot. A gym occupies the ground floor, and three offices totaling 1,500 ft2 offices occupy the second floor. The applicant reports difficulty in renting out the second floor space to office uses and would like to convert the office use to residential use, as it is within the Mixed-Use Overlay Zone.
The City created the Mixed-Use Overlay (MUO) District in 2006, establishing that only projects with a lot area of at least 10,000 ft2 are eligible for mixed-use development. Since the MUO District was adopted, four mixed-use projects have been development: three are in the Commercial, General (C-G) Zone and one is in the D-C Zone. The lot size requirement intends to promote lot consolidation, which would lead to redevelopment, more efficient land use based on the density calculation methodology, and optimal use of the land given the development standards.
In conjunction with the applicants’ amendment, the applicant and staff propose minor changes to align the Lomita Municipal Code with State laws, update standards, and clean up a procedural inconsistency.
ANALYSIS
The proposed amendment is in response to limitations on mixed-use lots possessing less than 10,000 ft2, an increased demand for housing, preservation of the character and scale of the Downtown-Commercial Zone, the adopted 6th Cycle Housing Element commitments, and the need for other minor revisions.
A large part of Lomita’s land subdivision is irregular. In the MUO-Districted D-C Zone, property sizes range from 3,000 ft2to nearly 28,000 ft2 and properties contain a variety of building styles, ages, and heights. This eclectic mix contributes to Lomita’s character and small-town identity. Twenty-eight (28) of the 47 properties with MUO-Districted D-C Zone designation are less than 10,000 ft2. As such, a small lot is not an extraordinary and unusual condition, so the findings for a variance cannot be made and a zone text amendment is necessary.
In order for two small properties to combine and create a 10,000-square-foot or more property, many variables factor into the equation. One such variable is two adjacent property owners must be willing to merge or sell. To date, not a single mixed-use project has combined lots from different sellers. Even though Mr. Machida’s property is consistent with the zoning designations and the land use designation, the likelihood that September 5, 2023, Reg. CC Mtg., Page #502
3 24333 Narbonne Avenue will merge with either of the neighboring properties (a cityowned parking lot and The Lomita Feed Store) is unlikely; and therefore, this property, and others, cannot develop residential units.
1) D-C ZONE MIXED-USE PROJECTS WITH FOUR OR FEWER RESIDENTIAL UNITS See Section 11-1.58.06(B) of the draft ordinance (Attachment 1) The proposed amendment offers an additional pathway for the creation of affordable housing on properties within the MUO-Districted D-C Zone with four or less residential units by providing similar incentives afforded to properties having five or more residential units based on the State’s Density Bonus Law. The land use, zoning, and overlay district will not change through this ordinance.
Properties
affected by
the proposed
ordinance are
shown in red.
September 5, 2023, Reg. CC Mtg., Page #503
4 For mixed-use projects with four or fewer residential units, the draft ordinance proposes no minimum lot size. At 22-units/acre, a property with less than 9,900 ft2 would only be able to build four units. A 9,900-square-foot property would be eligible to build five units and can elect to use the State’s Density Bonus law. This amendment offers a path for those properties and creates a more level playing field to further facilitate the development of affordable housing in the community.
The proposed mixed-use standards mostly replicate the existing standards;, but there are a few differences intended to preserve Lomita’s downtown character.
Development requirements typically set a minimum unit size, and the State requires at least 150 ft2 per unit. Lomita’s existing mixed-use unit size standards require a studio unit to be at least 500 ft2, a one-bedroom to be at least 700 ft2, a two-bedroom to be at least 900 ft2, and additional bedrooms to be at least 200 ft2. However, the Code does not set a maximum unit size. Without a cap, a residential unit can be as big as the developer desires, and the floor area occupied by residential uses has the potential to shrink the floor area available for nonresidential (commercial) uses.
Staff recommends implementing an average maximum unit size standard for projects with four or fewer units. These average maximum unit sizes are larger than the City’s minimum and contain ample room. Studios must average 550 ft2t or less; one-bedrooms must average 800 ft2 or less, two-bedrooms must average 1,000 ft2 or less, and additional bedrooms can add up to 200 ft2. In general, smaller units tend to cost less, and tend to be occupied by only one household. In addition, by capping the residential unit sizes, it is more likely that the desired 30% commercial space to 70% residential space ratio will be met.
One other difference between the four-or-fewer-unit standards and the five-or-more-unit standards is the requirement that the ground floor space fronting Narbonne Avenue and Lomita Boulevard be occupied with commercial/nonresidential uses. Though mixed-use typically implies street-fronting commercial, this ordinance ensures it is explicitly stated. 2) AFFORDABLE UNIT AND INCENTIVES AND CONCESSIONS
See Section 11-1.58.06(B)(3) of the draft ordinance (Attachment 1) Staff analyzed all MUO-Districted properties within the D-C Zone. Most of these properties contain 60-year-old plus buildings and would find it challenging or impossible to meet all the development standards. Providing incentives to or concessions from development standards to create affordable housing is recognized nationwide as a costeffective, and privately funded approach to develop affordable housing.
The proposed Affordable Unit provision is modeled after the State’s Density Bonus Law (CA Gov. Code 65915), which allows a developer to receive a certain number of incentives to or concessions from a local jurisdiction’s development standards in exchange for creating deed-restricted affordable housing.
September 5, 2023, Reg. CC Mtg., Page #504
5 Inflexible requirements can often hinder economic development, and conversely easing these requirements supports future development potential. For example, Lomita allows D-C Zone commercial uses within 500 feet of a municipal parking lot to reduce onsite parking supply (LMC Sec. 11-1.49.06(D)). Over the last few years, several businesses in the D-C Zone have benefited from this provision, and thereby the City and its existing residents have too.
Similar to commercial development, residential standards are very influential. Affordable housing, and mixed-income housing is generally considered a public good, and in consideration for that public good, either financial incentives (not proposed) or nonfinancial incentives, such as modified development requirements, are often considered to support the development.
The applicant has applied to convert existing space, but if the space was new commercial space off-site parking would be required. The following table illustrates the differences in parking requirements generated by commercial versus residential use.
Commercial v. Residential Parking Requirements Example
Use Parking Ratio Quantity Parking Spaces Required
Commercial:
Office/Personal
Service/Retail
1 space/300 ft2
(Sec. 11-1.66.03(C)) 1,500 ft2 5 spaces
Residential:
Studio + Guest
1 space/unit
+.25 spaces/unit
(Sec. 11-1.58.06(f))
3 units,
each at
500 ft2
3 spaces
+ 1 space
4 spaces
Under the Lomita Municipal Code parking requirements, a commercial use requires more parking spaces than three studio apartments.
Unlike the State’s program, the proposed ZTA adheres to the City’s existing General Plan’s densities and does not award bonus units – it instead maximizes the use of existing spaces while further incentivizing the development of affordable housing. 3) OTHER AMENDMENTS FOR CONSISTENCY
See Section 11-1.58.06(A)(1), and Section 11-1.15.13(C) of the draft ordinance (Attachment 1)
The draft amendment proposes a) to revise a subjective standard, and b) to replace one entitlement process with a more appropriate entitlement. a) Lomita’s Mixed-use Standards of Development contains a corner lot provision to ensure that vehicles have adequate visibility at intersections. For example, 24516 Narbonne Avenue applied this standard to its design and created an active outdoor use for the open space. As written, the Code doesn’t provide prescriptive standards, instead each project is evaluated on a “case-by-case basis”. Case-by-case is a September 5, 2023, Reg. CC Mtg., Page #505
6 subjective criterion and could be seen as contrary to Streamlined Affordable Housing (SB 35) and the Housing Crisis Act (SB 330). The update adds specific values to this sightline standard. A clear vision triangle starts at intersection of the property lines that are parallel to each street and extends for ten feet in each direction. The third triangle leg connects the two 10’ segments. The term “clear vision triangle” is defined and based on definitions found in the American Planning Association’s Dictionary. There may be situations where conditions, such as the direction of a one-way street or alley, make it unnecessary for a clear visibility triangle. If there’s a project that would not obstruct sightlines, then the project may apply for a modification. b) The existing standards of development section states that the maximum building height and other standards can be deviated from through the conditional use permit process. While the conditional use permit (CUP) process consolidates the potential number of entitlements because a CUP is already required for a mixed-use project, a CUP pertains to special land uses that are not allowed by-right and is designed to address their operating characteristics, impacts, and consistency with the General Plan’s policies. Also, CUPs can be revoked or terminated. Deviations from objective and quantifiable standards of development generally require a variance, or if specified a modification with a site plan review. None of the existing zoning districts use a conditional use permit to deviate from a development standard; therefore, staff has removed a sentence from former subparagraph (d) pertaining to the building’s height.
It is not necessary to add language in the Mixed-Use Overlay District’s Standards of Development that a variance may be obtained in order to deviate from the development standards, and subparagraph (l) has been deleted. Lomita Municipal Code Article 70 Paragraph 10 (Zone Variance) stipulates that “The Commission, or City Council on appeal may grant a Variance from the required development standards, with or without conditions…”. If the City Council desires to place a lesser burden on deviating from any or all development standards, it could make certain standards eligible for a modification pursuant to Article 70 Paragraph 8.
The one exception to the requirement for a variance to deviate from a development standard is the required percentage of nonresidential uses. The 6th Cycle HE’s Program 12: Lot Consolidation stated that a deviation from the minimum commercial percentage is considered through the conditional use permit process. To require a request for a reduction to meet the higher standards necessary for a variance could be seen to create an impediment to the development of housing. As the nonresidential use percentage pertains specifically to the land’s use, a CUP remains an appropriate avenue and does not unnecessarily hinder future development of housing.
GENERAL PLAN CONSISTENCY
The zone text amendment is consistent with the Land Use Element’s mixed-use designation.
September 5, 2023, Reg. CC Mtg., Page #506
7 The Amendment advances the 6
th Cycle Housing Element (HE) Policy 2.4 to ‘promote
and encourage innovation and creativity in housing development through regulations that increase transparency and flexibility in the development approval process’. Removing the lot size requirement in the MUO D-C Zone encourages innovation in housing development.
In addition, the City committed to evaluating a range of incentive-based and regulatory approaches to facilitate the development of housing for lower-income households in HE Program 7: Incentives and Regulations. One specific objective is to “Improve development regulations intended to incentivize affordable and mixed-income housing development through regulatory inducements such as incentive zoning paired with objective development standards, or process incentives such as technical assistance in exchange for affordable housing no later than fall 2023.” This ordinance demonstrates both an incentive-based approach to creating affordable housing and technical assistance in performing the research, analysis, and creating new, more flexible, standards for smallsized mixed-use mixed-income projects.
CEQA
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed text amendment will not have a significant effect on the environment because the proposed amendments would provide for new standards consistent with State Law and do not propose any physical construction.
PUBLIC NOTICE
Notices of this hearing dated August 24, 2023, were published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
OPTIONS:
1. Introduce the ordinance on first reading as recommended by the Planning Commission.
2. Introduce the ordinance on first reading with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
September 5, 2023, Reg. CC Mtg., Page #507
8 ATTACHMENTS
1. Draft Ordinance
2. Redline Ordinance
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
_________________________
Brianna Rindge, AICP Laura MacMorran
Community & Economic Development Director Associate Planner September 5, 2023, Reg. CC Mtg., Page #508
ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2023-07
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 1 (ZONING), REVISING THE CITY’S
REGULATIONS FOR MIXED-USE OVERLAY DISTRICT TO UPDATE
STANDARDS; TO ALLOW MIXED-USE DEVELOPMENTS CONTAINING
FOUR OR FEWER UNITS WITHIN THE DOWNTOWN COMMERCIAL (DC) ZONE; TO DEFINE A TERM AND A DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals.
A. An existing ordinance addressing mixed-use developments is codified in Title XI of the Lomita Municipal Code.
B. The City desires to amend Title XI of the Lomita Municipal Code to amend its mixed-use standards of development regulations as necessary to allow for four or fewer units on properties with less than 10,000 square feet, and to establish affordable housing incentives in the Downtown-Commercial Zone.
C. On July 10, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-06 where public testimony was accepted on the item and recommended City Council ___________.
F. On _________ 2023 and _______ 2023, City Council held a duly noticed public hearing to consider the proposed text amendment regarding Accessory Dwelling Units.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Policies of the General Plan:
A. Housing Element Policy 2.4 which is to promote and encourage innovation and creativity in housing development through regulations that increase transparency and flexibility in the development approval process.
B. Housing Element Program 7 which requires the City to evaluate a range of incentive-based and regulatory approaches to facilitate the development of housing for lower-income households. One specific objective is to “Improve Attachment No. 1
September 5, 2023, Reg. CC Mtg., Page #509
Ordinance No. 856