Integration of these systems requires extensive knowledge and expertise of the systems. AGA staff has in-depth knowledge and experience in integrating and maintaining/supporting the City of Montclair’s traffic signal system.
AGA staff experience in integrating the central system hardware (computer servers, workstations, Ethernet switches, modems, port servers, and fiber optic equipment components) with field elements including interfacing with traffic signal system vendors, communication systems specialists and City’s Information Technology staff will be key to project success. Additionally, due to our ongoing signal system monitoring projects in the City and with various agencies, AGA is fully knowledgeable of each of the systems’ complexities and key interrelationships of hardware, software, and people.
SCOPE OF WORK
Task 1: Project Management
Team meetings will be held as required. As Project Managers, Mr. Ignacio Sanchez and Mr. Ruben Perales will arrange/chair all formal meetings that are included as part of the project scope of work.
They will be responsible for adherence to the project schedule for maintaining quality control of all project work products. In short, they will do everything necessary to ensure that the project is completed on time, within budget, and in a manner that fulfills all the goals and objectives of the City of Montclair. Additionally, they will fully leverage AGA’s Project Administrative team experience in managing the Project, including project budget control and invoicing, tracking of project schedule, regular project updates and progress reports, agency comment dispositions and document control and filing.
It is anticipated that all design efforts, including City review of preliminary plans, specifications and cost estimates, and providing final plans, specifications and cost estimates, can be completed within twelve months of receipt of notice to proceed. Upon receipt of the actual Notice to Proceed, and prior to the project Kick-Off Meeting, AGA will prepare a detailed project schedule that includes actual start dates, activity durations, product submittal dates, etc., including City review times.
Agendas and minutes will be prepared for all meetings and provided to all meeting attendees. In addition to the Kick-Off Meeting, subsequent meetings will be held as necessary. It is anticipated that meetings would be held monthly or bimonthly during the design phases of the project.
EXHIBIT A 16 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 156 of 286 Ms. Monica Heredia, P.E.
November 28, 2022
Task 2: Intersection Level-of-Service and Traffic Signal Timing Intersection Level-of-Service
AGA will perform Level of Service (LOS) analysis utilizing the Highway Capacity Manual (HCM) methodology at the signalized intersections along the Monte Vista project corridor where the number of lanes may be reduced to identify feasible modifications that may be included to improve traffic operations. Feasible improvements of the traffic signal operations include lane configuration modifications, adjustment to left turn lane queue storage lengths, adding protected/permissive left turn phasing (at minor streets), or converting to fully protected left turn phasing, removal of crosswalk, split phase signal operation including pedestrian shared phase, addition of right-turn overlap phasing and re-servicing of certain phases. Turning movement counts will be conducted at each project intersection along with Average Daily Traffic (ADT) counts for use in conducting the LOS analysis.
AGA will field review the existing queue lengths and evaluate if any through traffic blocks access to the left/right turn lane. AGA will then assess if a turn bay/pocket will need to be lengthened or if it can be shortened.
AGA will also recommend (if needed) any safety measures that can be quickly implemented. Such measures include Leading Pedestrian Interval (LPI) at school intersections and/or at heavy pedestrian crossings, additional vehicle head indications, yellow-reflective vehicle head backplates, continental crosswalks and countdown pedestrian indications.
Traffic Signal Timing
Subtask: Local Signal Timing
Currently as part of a separate project, AGA is updating the pedestrian and vehicle clearance times at various locations in the City. Under this task, AGA will conduct field measurements for vehicle extension times. The minimum green signal timing parameters will be evaluated using measurements from Google Earth. The updated timing charts will then be submitted to the City for review and approval prior to implementation.
Subtask: Coordination Signal Timing
Under this task, AGA will prepare coordination signal timing plans for weekday AM/Midday/PM and weekend Midday time periods for the corridor. The coordination signal timing will be developed, implemented, and fine-tuned to facilitate the movement of traffic on the Monte Vista Avenue EXHIBIT A 17 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 157 of 286 Ms. Monica Heredia, P.E.
November 28, 2022
corridor between Mission Boulevard and the Pacific Electric Bike Crossing. AGA will assess the traffic conditions and develop new signal timing coordination plans for the entire length of Monte Vista Avenue in the City of Montclair. Signal timing plans for the intersections of Monte Vista Avenue/Holt Boulevard, and Monte Vista Avenue/Arrow Highway will be updated for the new traffic signal coordination along the northbound/southbound approaches. In addition, AGA will coordinate with Caltrans relative to providing new traffic signal coordination timing for the three ramp signals at the interchange. New traffic signal coordination timing sheets will be provided to the City for review and approval prior to implementation.
Subtask: Convert Existing Timing Charts
AGA will convert existing McCain 200/233 signal timing charts to timing charts specific to the new controller units to be installed at the project intersections. This task will involve the translation of signal timing parameters including, but not limited to, phase sequencing, time-of-day plans, detector settings, special functions, and other such operational details from the existing McCain 200/233 format timing charts to the new controller format. This task will also involve the conversion of the force-offs used in the McCain 200/233 control environment to phase splits for use in the new controller. AGA engineers will perform this conversion process on each of the timing charts for all project intersections. The City is upgrading the McCain QuicNet system to McCain Transparity. With the upgrade to the McCain Transparity system, the new traffic signal controller and program will be incorporated in this project.
Task 3: Traffic Signal Modification Plans
Traffic Signal Modification Plans
Based on discussions with City staff, street improvements, which may include construction of new bulb-outs, new curb ramps, etc., will be designed by separate City civil engineering consultants along Monte Vista Avenue between Holt Boulevard and Pacific Electric Bike Crossing. As such, Traffic Signal Modification Plans will be prepared for each signalized intersection along this segment as listed below. The extent of the traffic signal modifications will be based on street improvement plans prepared by City of Montclair’s civil engineering consultant. Each traffic signal modification plan will be prepared per the latest City of Montclair, Caltrans, and CA MUTCD standards and specifications. o Monte Vista Avenue at Kingsley Street
o Monte Vista Avenue at Orchard Street
o Monte Vista Avenue at Benito Street
o Monte Vista Avenue at San Bernardino Street
o Monte Vista Avenue at San Jose Street
EXHIBIT A 18 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 158 of 286 Ms. Monica Heredia, P.E.
November 28, 2022
o Monte Vista Avenue at Moreno Street
o Monte Vista Avenue at Richton Street
o Monte Vista Avenue at Pacific Electric Bike Crossing
Traffic signal modification plans for the intersections of Monte Vista Avenue/Holt Boulevard, and Monte Vista/Arrow Highway are not included as they are part of separate City corridor projects.
At a minimum, traffic signalized intersection modifications will require the upgrade of existing pedestrian heads to countdown pedestrian heads, and all pedestrian push buttons to meet current ADA standards. New loops, and/or new video detection systems will be reviewed and considered for possible installation. New signal poles may be needed or existing poles may need to be relocated to provide appropriate ADA clearance, or for pedestrian push buttons to be within acceptable distances to crosswalks. Pull box locations will also be reviewed for locations within the curb ramp areas. They will be relocated if possible or AGA will collaborate with the City’s civil engineering consultant to develop a suitable arrangement for incorporation of the curb ramp requirements (including truncated domes) around the pull boxes. All new curb alignments and curb ramps will be designed by the City’s civil engineering consultant and provided to AGA for use in preparation of the traffic signal modification plans. Underground utility information will also be obtained from the street improvements plans.
Task 4A, 4B, and 4C : Fiber Optic Communication Plans
AGA will prepare a 40 scale Fiber Optic Communication Plans for Monte Vista Avenue from Mission Boulevard to Pacific Electric Trail Crossing, for Richton Street from Monte Vista Avenue to Montclair Transcenter, and for Benito Street from Monte Vista Avenue to City Hall. The Fiber Optic Communication Plans will be prepared as three different segments. The first segment will include Monte Vista Avenue between Mission Boulevard and Holt Boulevard. The existing conduit along the recently constructed bridge over State Street will be utilized for the installation of the new fiber optic communications cable. New 4” conduit will be included to tie into Holt Boulevard and Mission Boulevard just north and south of the bridge.
The second segment will include Monte Vista Avenue between Holt Boulevard and I-10 WB Ramps as well as a connection into City Hall along Benito Street between Monte Vista Avenue and City Hall.
Based on discussions with City staff, street improvements, which may include construction of new bulb-outs, new curb ramps, etc., will be designed by a separate City civil engineering consultant along this segment. AGA will coordinate with the City’s civil engineering consultant to obtain all necessary information including topographic surveys, base plans, proposed curb modifications, etc. to utilize during the preparation of the fiber optic communication plans. It is also understood that conduit for City’s fiber optic communications is currently being installed between the I-10/Monte Vista Avenue ramps as part of the SBCTA I-10 improvement project.
EXHIBIT A 19 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 159 of 286 Ms. Monica Heredia, P.E.
November 28, 2022
The third segment will include Monte Vista Avenue between I-10 WB Ramps and Pacific Electric Bike Crossing. Fiber optic communication plans will also be prepared for Richton Street from Monte Vista Avenue to Montclair Transcenter. Street improvements for this segment of Monte Vista Avenue will be prepared by a separate City civil engineering consultant. Similar to the second segment above, AGA will coordinate with the City’s civil engineering consultant to obtain all necessary information including topographic surveys, base plans, proposed curb modifications, etc. to utilize during the preparation of the fiber optic communication plans.
AGA will conduct a field review to identify proposed routing of new 4” fiber optic communication conduit as well as proposed locations of communication pull boxes, splice vaults, communication hubs, etc. The final Fiber Optic Communication Plans will show all conduit, pull boxes, cable, Ethernet switches and other pertinent details to connect the new fiber optic cable to the existing/modified traffic signal controller assemblies for a complete and operational traffic signal system. All fiber optic components will be designed per the latest City of Montclair, Caltrans, and CA MUTCD standards. As part of the Fiber Optic Communication Plans, a detailed Fiber Assignments Details sheet will be included to document all fiber connections and splices along the Monte Vista Avenue, and Benito Street corridors. Based on the final approved plan, AGA will develop project special provisions and an itemized construction cost estimate for all required improvements.
Task 5A and 5B: Signing and Striping Plans
AGA will prepare 1” = 40’ scale signing/striping plans for Monte Vista Avenue from Holt Boulevard to Pacific Electric Trail Crossing. The Signing and Striping Plans will be prepared as two separate segments as street improvements will be prepared by separate City civil engineering consultants for each of the segments. The first segment will include Monte Vista Avenue between Holt Boulevard and I-10 WB Ramps. The second segment will include Monte Vista Avenue between I-10 WB Ramps and Pacific Electric Bike Crossing. Street improvement plans prepared by the separate City civil engineering consultants will be utilized as a base plan for the Signing and Striping Plans. The plans will show all existing and proposed signing, striping, pavement markings, crosswalks, and will include any modifications or changes to ensure compliance with the latest Americans with Disabilities Act (ADA) requirements. Plans will also extend beyond the project limits to demonstrate that proposed and existing signing and striping is consistent through the intersections. New signing and striping will be designed per the latest City of Montclair, Caltrans, and CA MUTCD standards and specifications.
Task 6: Construction Engineering Support
As part of this task, AGA will provide construction engineering support during construction of the proposed improvements to include the following:
EXHIBIT A 20 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 160 of 286 Ms. Monica Heredia, P.E.
November 28, 2022
o Review and provide responses to prospective bidder’s questions related to traffic signal modification plan during bid process.
o After award of construction, attend pre-construction meeting to address any traffic signal improvement related items.
o Assist in reviewing and providing recommendations on traffic signal equipment and fiber optic communication equipment submittals from Contractor. o Review and provide recommendations on any Request for Information (RFIs) or Contract Change Orders (CCOs) from Contractor during construction of the traffic signal improvements.
o Prepare final as-built plans based on Contractor’s redlines from the field.
Task 7: Coordination with Caltrans
Fiber optic communications is being proposed across the Monte Vista Avenue/I-10 interchange. As such, AGA will coordinate with Caltrans to prepare and submit the necessary Encroachment Permit application for construction within Caltrans right-of-way. AGA will submit the permit application and will coordinate with Caltrans on making any necessary revisions to the plans based on Caltrans comments. An approved Encroachment Permit will be secured prior to construction to be used by the Contractor to apply for a Caltrans Double Permit. AGA will also coordinate with Caltrans on implementation of the updated signal coordination timing plans.
Task 8: System Integration
AGA will provide overall system integration which includes coordination with the construction contractor responsible for installing new signal controllers and cabinets, communication hardware (cables, switches, Ethernet radios, etc.), CCTV cameras, etc. AGA will work hand in hand with the contractor in configuring all IP devices installed as part of the project. Connectivity from the Traffic Management Center to all IP devices in the field will be verified and documented. AGA will also be present at the time of controller change-outs and/or cabinet assembly installations to verify all controller programming and intersection operations. Any changes made to network parameters (VLAN'S, IP addressing), if any, will be documented in the as-built plans.
EXHIBIT A 21 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 161 of 286 EXHIBIT A 22 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 162 of 286 `
16 24 182 2 2 4 2 2 1 2 75
$4,400 $6,600 $4,950 $550 $550 $550 $1,100 $550 $550 $275 $550 $20,625 24 48 16 41488 113
$6,000 $12,000 $4,000 $0 $0 $0 $1,000 $250 $1,000 $2,000 $2,000 $28,250 24 16 566 6 7 8 624 16 169
$4,800 $3,200 $11,200 $1,200 $1,200 $1,400 $1,600 $1,200 $4,800 $0 $3,200 $33,800 24 16 56 6 12 10 12 8 24 16 184
$4,440 $2,960 $10,360 $1,110 $2,220 $1,850 $2,220 $1,480 $4,440 $0 $2,960 $34,040 16 16 8 22 44
$2,800 $2,800 $1,400 $0 $0 $0 $350 $350 $0 $0 $0 $7,700 64 648 8 8 8 436760 267
$0 $10,560 $10,560 $1,320 $1,320 $1,320 $1,320 $660 $5,940 $1,155 $9,900 $44,055 64 646 8 9 8 436926 234
$0 $9,600 $9,600 $900 $1,200 $1,350 $1,200 $600 $5,400 $1,350 $3,900 $35,100 48 96 31 35 32 41 30 48 361
$0 $6,720 $13,440 $4,340 $4,900 $4,480 $5,740 $4,200 $6,720 $0 $0 $50,540 48 124 1 2 12 187
$0 $5,280 $13,640 $0 $0 $110 $0 $0 $0 $220 $1,320 $20,570 48 124 7 6 5 190
$0 $4,320 $11,160 $0 $0 $0 $630 $540 $0 $0 $450 $17,100 62 124 6 15 8 8 8 4 235
$0 $5,580 $11,160 $540 $1,350 $720 $720 $720 $0 $0 $360 $21,150 62 117 6 14 8 8 8 4 227
$0 $5,580 $10,530 $540 $1,260 $720 $720 $720 $0 $0 $360 $20,430 16 16 32
$1,200 $1,200 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,400
120 532 867 71 100 85 110 79 174 27 153 2318
$23,640 $76,400 $112,000 $10,500 $14,000 $12,500 $16,600 $11,270 $28,850 $5,000 $25,000 $335,760 Traffic Counts Sub-Consultant $5,600 $5,600
$0 $5,600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,600
$23,640 $82,000 $112,000 $10,500 $14,000 $12,500 $16,600 $11,270 $28,850 $5,000 $25,000 $341,360 Task 4C
Fiber Optic
Communication
Plans
(Segment 3)
CITY OF MONTCLAIR
Professional Engineering and Design Services for Monte Vista Avenue Corridor Hourly Breakdown Per Task
AGA Engineers Inc
Job Classification/Title Rates Hourly Project Task 1 Management Task 2
Intersection LevelTraffic Signal of-Service and
Timing
Task 3
Traffic Signal
Modification Plans
Task 5A
Signing and
Striping Plans
(Segment 1)
Task 6
Engineering
Construction
Support
Task 7
Coordination with
Caltrans
Task 8
System Integration
TOTAL
Hrs/Cost
Task 5B
Signing and
Striping Plans
(Segment 2)
Task 4A
Fiber Optic
Communication
Plans
(Segment 1)
Task 4B
Fiber Optic
Communication
Plans
(Segment 2)
Chalap Sadam, Project Manager/President $275Greg Wong, Vice President $250Ignacio Sanchez, Sr. Transp Eng $200Jessica Espinoza, Associate Transportation Engineer III $140Ruben Perales, Sr. Design Engineer $185Roland Hizon, Sr. Project Engineer & QA/QC $175Phillip Fuentes, Sr. Signal System Specialist $165Phillip Jeremy Fuentes, Signal System Specialist $150 Other Direct Costs/Expenses
Elias Sanchez, Associate Engineer I $110Vannessa Pedroza, Assistan Transportation Engineer $90Jorge Sanchez, Assistant Transportation Engineer $90 Total Other Direct Cost
TOTAL PROJECT COST
Pauline Bingham, Engineering Aide IIGiselle Hernandez, Assistant Transporation Engineer $90 $75
Total AGA Hours
Total AGA Cost
11/28/2022
EXHIBIT A
23 of 23
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 163 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: SEW080
DEPT.: COMMUNITY DEV.
PREPARER: S. GUTIERREZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–110–I–110, AN IRREVOCABLE
ANNEXATION AGREEMENT WITH JASON DUC THINH NGUYEN FOR THE PROPERTY LOCATED AT 11226 COLLEGE AVENUE, POMONA, CA 91766 (APN 1012–391–03– 0000), SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: Jason Duc Thinh Nguyen, the owner of 11226 College Avenue, Pomona has requested to connect the subject property to the City of Montclair’s existing sanitary sewer line because the septic tank has failed. The City requires property owners enter into an Irrevocable Annexation Agreement with the City to connect to the City’s sanitary sewer system. Irrevocable Annexation Agreements are subject to City Council review and approval.
The City Council is requested to consider approval of Agreement No. 22–110–I–110, an Irrevocable Annexation Agreement with Jason Duc Thinh Nguyen for 11226 College Avenue, Pomona (APN 1012–391–03–0000). A copy of the proposed Irrevocable Annexation Agreement is attached for City Council review and consideration.
BACKGROUND: The property owner, Mr. Jason Duc Thinh Nguyen, desires to connect the subject property to the City of Montclair’s existing sanitary sewer line. The owner states that the septic has failed and they wish to connect to the City of Montclair’s sewer.
The property is currently developed with an existing 1,177 square–foot single–family residence and a two–car detached garage that has been converted and he seeks to legalize it as an accessory dwelling unit. Both of the existing structures currently situated on the property were constructed in 1954.
The proposed sewer connection request is consistent with the City’s policies and requirements. In exchange, the Agreement would require annexation of the property to the City when feasible at a future date. If approved by the City Council, staff will forward Agreement No. 22–110–I–110 to the Local Agency Formation Commission (LAFCO) for review and approval. Following City Council and LAFCO approvals, the Agreement is recorded against the property and becomes binding on future owners, heirs, successors, or assigns. Staff recommends City Council approve the proposed Agreement to allow the requested City sewer connection.
Proposed Irrevocable Annexation Agreement No. 22–110–I–110 would allow a connection to the sanitary sewer system owned and operated by the City of Montclair for a 0.16–acre residential site within the Sphere of Influence of the City. A City–owned, 8– inch diameter, sewer line is present and available in Howard Avenue adjacent to the property’s frontage (see Exhibit A).
FISCAL IMPACT: The proposed Agreement would pose no fiscal impact on the City’s General Fund at this time, but will have a positive impact when the property is connected to the sewer in the future and begins to pay for sewer service.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 164 of 286 RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 110–I–110, an Irrevocable Annexation Agreement with Jason Duc Thinh Nguyen for the property located at 11226 College Avenue, Pomona, CA 91766 (APN 1012–391–03– 0000), subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 165 of 286 Recording Requested by:
Silvia Gutierrez, Senior Planner
City of Montclair
When Recorded Mail To:
Silvia Gutiérrez, Senior Planner
City of Montclair
5111 Benito Street, P.O. Box 2308
Montclair, CA 91763 This Space for Recorder’s Use Only
FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383
AGREEMENT NO. 22-110-I-110
AN IRREVOCABLE ANNEXATION AGREEMENT
WITH THE CITY OF MONTCLAIR AND
JASON DUC-THINH NGUYEN FOR
11226 COLLEGE AVENUE, CA 91763
(APN: 1012-391-03-000)
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 166 of 286
AGREEMENT NO. 22-110-I-110
AN IRREVOCABLE AGREEMENT TO ANNEX
TO THE CITY OF MONTCLAIR
JASON DUC-THINH NGUYEN
11226 COLLEGE AVENUE, CA 91763
(APN: 1012–241–04–0000)
This agreement is entered into this ____ day of _____________, 2022, between Jose A. Palma, hereinafter referred to as "Owner," and the City of Montclair hereinafter referred to as "City."
WHEREAS, the Owner is the legal property owner of the real property located at 11226 College Avenue, Pomona, CA 91766, shown as Exhibit "A" attached, and is further described as follows:
LOT 8 OF TRACT NO. 3835, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51,
PAGE(S) 33 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the subject property is approximately 0.16-acres in total size, and located within unincorporated San Bernardino County and the Sphere of Influence of the City of Montclair; and
WHEREAS, according to the County of San Bernardino Tax Assessor’s Office, the property records show a developed land; and
WHEREAS, the owner desires to connect the existing 1,177-square-foot singlefamily house to the City of Montclair’s existing sanitary sewer line. The owner seeks to legalize an unpermitted garage conversion as an accessory dwelling unit. The aforementioned structures currently situated on the property were constructed in 1954; and WHEREAS, the Owner desires to connect the property as described above to the sanitary sewer system in College Avenue, which is owned and maintained by the City of Montclair; and
WHEREAS, the City is willing to allow a connection to said sanitary sewer system if a request is made at the earliest possible time to annex to the City of Montclair; and WHEREAS, the Owner desires to annex to the City of Montclair; and WHEREAS, the City intends to pursue annexation of the Owner’s property, but said annexation would cause a delay in connecting to said sewer line, which would create a substantial hardship for the Owner of said property; and, WHEREAS, the agreements, conditions, and covenants contained herein are made for the direct benefit of the land subject to this Agreement and described herein and shall MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 167 of 286 Agreement No. 22-110-I-110
create an equitable servitude upon the land and operate as a covenant running with the land for the benefit of the Owner of the land and his/her heirs, successors, and assigns.
NOW, THEREFORE, the party does agree as follows:
1. Owner does hereby give irrevocable consent to annex to the City of Montclair at such time as the annexation may be properly approved through appropriate legal proceedings, and the Owner does further agree to provide all reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications of consent prepared by the City and submitting any evidence reasonably within the control of the Owner to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of the Owner to institute any litigation or judicial proceeding whatsoever to force annexation to the City.
2. The City of Montclair does hereby agree to allow a connection of said property to the sewer line owned by the City of Montclair, which is located in Howard Avenue, at such time as all applicable permits have been obtained and associated fees have been paid.
3. Owner agrees to pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. (In some circumstances, these fees may be borne by the City.)
4. Owner shall pay all fees and charges and make all deposits required by the City to connect to and use the sewer, and Owner agrees to be bound by all City ordinances, rules, and regulations with respect to the sewer system. The owner agrees to pay monthly sewer charges beginning on the date this agreement is approved by the City Council.
5. Owner shall be responsible for the maintenance and repair of the sewer lateral from the building, and/or structure to which the sewer lateral is connected to the public sewer main in the street or City easement. This responsibility includes both the portion of the sewer lateral on private property and the portion located beneath the street up to the point where the lateral connects to the public sanitary sewer main. The property owner’s responsibilities include maintenance and repair of the lateral, overflow cleanup, and damages to the sewer main and/or pavement. The City may respond and take corrective action in the event of a sewage overflow from a lateral where there is an immediate threat to health or safety. However, the property owner shall be responsible for all costs incurred by the City.
6. Owner shall install any and all future improvements upon the said property to the City's standards, except that the County standard(s) shall apply when more restrictive than the City standard(s).
7. Owner shall execute this agreement on behalf of himself, his heirs, successors, and assigns, and said agreement shall be irrevocable without the prior written consent of both parties hereto.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 168 of 286 Agreement No. 22-110-I-110
8. The benefit and responsibilities to the subject property shall inure to the benefit and responsibilities of subsequent owners, their heirs, successors, and assigns; and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land.
9. This agreement shall be recorded with the Office of the Recorder of the County of San Bernardino.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written.
CITY: OWNER:
CITY OF MONTCLAIR, CALIFORNIA 11226 COLLEGE AVENUE, POMONA John Javier Dutrey, Mayor Jason Duc-Thinh Nguyen
Date: Date:
ATTEST:
Andrea M. Myrick, City Clerk
Date:
APPROVED AS TO FORM:
Diane E. Robbins, City Attorney
Date:
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 169 of 286 Exhibit “A”
Agreement No. 22-110-I-110
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 170 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: MCC500/MPO350/MAN500/
EXM500
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–114, A MEMORANDUM OF UNDERSTANDING WITH THE MONTCLAIR CITY CONFIDENTIAL EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2022, TO JUNE 30, 2024 CONSIDER APPROVAL OF AGREEMENT NO. 22–115, A MEMORANDUM OF UNDERSTANDING WITH THE MONTCLAIR POLICE OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2021, TO JUNE 30, 2025
CONSIDER APPROVAL OF AGREEMENT NO. 22–116, THE LABOR AGREEMENT FOR
MANAGEMENT (NONSAFETY AND SAFETY) EMPLOYEES REGARDING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2022, TO JUNE 30, 2023 CONSIDER APPROVAL OF AGREEMENT NO. 22–117, THE LABOR AGREEMENT FOR
EXECUTIVE MANAGEMENT EMPLOYEES REGARDING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2022, TO JUNE 30, 2023
CONSIDER APPROVING THE TRANSFER OF THE APPROPRIATE ADDITIONAL
COMPENSATION FROM THE PERSONNEL ADJUSTMENT RESERVE FUND TO THE
GENERAL OPERATING FUND
REASON FOR CONSIDERATION: The City Council is requested to consider approval of the following:
1. Agreement No. 22–114, a Memorandum of Understanding (MOU) with the Montclair City Confidential Employees’ Association (MCCEA) for the period of July 1, 2022, to June 30, 2024;
2. Agreement No. 22–115, a MOU with the Montclair Police Officers’ Association (MPOA) for the period of July 1, 2021, to June 30, 2025;
3. Agreement No. 22–116, a Labor Agreement for Management (Nonsafety and Safety) employees regarding the terms and conditions of employment for the period of July 1, 2022, to June 30, 2023;
4. Agreement No. 22–117, a Labor Agreement for Executive Management employees regarding the terms and conditions of employment for the period of July 1, 2022, to June 30, 2023; and
5. The transfer of the appropriate additional compensation from the Personnel Adjustment Reserve Fund to the General Operating Fund.
A copy of each of the above–identified MOUs and labor agreements are available for the City Council’s review and consideration.
BACKGROUND: Typically, on an annual basis, the City of Montclair negotiates on the terms and conditions of employment with the various labor associations, which include MCCEA and MPOA. Once an agreement is reached with the representative labor MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 171 of 286 association, the City and the respective labor association will memorialize the terms in a signature agreement, which is presented to the Personnel Committee for approval of pay and benefit increases. The MOUs between the City and MCCEA and MPOA are then updated and presented to City Council for approval.
Montclair City Confidential Employees’ Association
The following is a summary of the agreement reached between the City of Montclair and the Montclair City Confidential Employees’ Association (Agreement No. 22–114), with the Personnel Committee having approved the following terms and conditions of employment on September 19, 2022:
Article 5 (Unit Description): The classifications represented by MCCEA were updated to ensure that all affected classifications are added. Article 7 (Section 7.01, Wages): This change relates to the following salary increases of all classifications represented by MCCEA effective July 4, 2022:
o Effective July 4, 2022: 5% pay increase;
o Effective July 3, 2023: 3% pay increase.
Article 7 (Section 7.04, Education Grant Program): Effective July 2023, the City shall increase the Education Grant Program Award to a maximum of $3,000 annually for each eligible member of the bargaining unit. Article 8 (Section 8.01, Benefit Fund Contribution; Excess Funds to Deferred Compensation; Medical, Dental, and Optical Insurance): This change relates to the following medical benefit fund increases of all classifications represented by MCCEA:
o Effective July 2022: Increase in the medical benefit fund contribution to a rate of $1,350/month; and
o Effective July 2023: Increase in the medical benefit fund contribution to a rate of $1,400/month.
Article 31 (Section 31.02, Employee Service Awards Program): Effective July 1, 2022, City to increase Service Awards Program by $500 for each 5 years of completed service to the City as follows; provided, however, upon 40–years of service the Service Award shall be increased by $1,000, not to exceed $3,500, and further provided that all other terms and condition remain the same:
Years of Service Current Award Award Amount
Effective July 1, 2022
5 $ 500 $1,000
10 $1,000 $1,500
15 $1,500 $2,000
20 $2,000 $2,500
25 $2,500 $3,000
30 $2,500 $3,000
35 $2,500 $3,000
40 $2,500 $3,500
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 172 of 286 Article 43 (Term): This change describes the term of this new MOU to be from July 1, 2022 to June 30, 2024.
Montclair Police Officers’ Association
The following is a summary of the agreement reached between the City of Montclair and the Montclair Police Officers’ Association (Agreement No .22–115), with the Personnel Committee having approved the following terms and conditions of employment on December 5, 2022:
Article 7 (Section 7.01, Wages): This change relates to the following salary increases of all classifications represented by MPOA:
o Effective November 21, 2022: 8% pay increase;
o Effective July 3, 2023: 4% pay increase.
o Effective the first full pay period in July 2024: 4% pay increase. Article 7 (Section 7.07, Special Additional Pay): Effective November 21, 2022, the following special pays shall be provided for the following special assignments:
o Detectives/Narcotics Officer: 4% base pay adjustment. o Field Training Officer: 2.5% base pay adjustment.
o Motor Officer: 2% base pay adjustment.
o Special Enforcement Team: 2% base pay adjustment.
Article 8 (Section 8.01, Benefit Fund Contribution; Excess Funds to Deferred Compensation; Medical, Dental, and Optical Insurance): This change relates to the following medical benefit fund increases of all classifications represented by MPOA:
o Effective December 1, 2022: Increase in the medical benefit fund contribution to a rate of $1,200/month; and
o Effective July 1, 2023: Increase in the medical benefit fund contribution to a rate of $1,300/month; and
o Effective July 1, 2024: Increase in the medical benefit fund contribution to a rate of $1,375/month.
Article 12 (Section 12.03, Holiday Pay Option): This provision provides clarification as to when the time period shall be defined each year for the holiday pay option.
Article 14 (Section 14.01, Sick Leave): The changes in this provision provide clarification as to when the time period shall be defined each year for the sick leave redemption program, and provides some additional changes to clarify the intent of the Section.
Article 45: This change describes the term of this new MOU to be from July 1, 2021 to June 30, 2025.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 173 of 286 Additionally, and typically on an annual basis, the City of Montclair considers the terms and conditions of employment for unrepresented employees, which include Executive Managers, and Managers (Nonsafety and Safety). After some input from the unrepresented employees, the City will memorialize the new terms in a signature agreement, which is presented to the Personnel Committee for approval of pay and benefit increases. The labor agreements are also updated and presented to City Council for approval.
Management (Nonsafety and Safety) Employees
The City has concluded its considerations for the unrepresented employees for the period of July 1, 2022 to June 30, 2023, and the following is a summary of each agreement related to the terms and conditions of employment:
Agreement No. 22–116 affects the terms of conditions of employment for those employees identified as Management (Nonsafety and Safety) employees for the period of July 1, 2022 to June 30, 2023, with the Personnel Committee having approved the following terms and conditions of employment on September 19, 2022:
Article 4 (Management/Exempt Employees): The list of Management Employees was updated to ensure that all affected classifications are added. Article 6 (Section 6.01): This change relates to a salary increase of 5 percent to all classifications identified as Management effective July 4, 2022. Article 7 (Section 7.01): This change provides for the increase in the benefit fund contribution from $1,400 per month to $1,500 per month, per Management (Nonsafety and Safety) Employee, effective July 2022.
Article 31: Service Awards Program: Effective July 1, 2022, City to increase Service Award Program by $500 for each 5 years of completed service to the City as follows; provided, however, upon 25–years of service the Service Award shall be capped at $3,000 until it raises to, and caps at $3,500 at 40 years of service, and further provided that all other terms and condition remain the same:
Years of Service Current Award Award Amount
Effective July 1, 2022
5 $ 500 $1,000
10 $1,000 $1,500
15 $1,500 $2,000
20 $2,000 $2,500
25 $2,500 $3,000
30 $2,500 $3,000
35 $2,500 $3,000
40 $2,500 $3,500
Article 43: This change describes the term of the Agreement to be from July 1, 2022 to June 30, 2023.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 174 of 286 Executive Management Employees
Agreement No. 22–117 affects the terms of conditions of employment for those employees identified as Executive Management employees for the period of July 1, 2022 to June 30, 2023, with the Personnel Committee having approved the following terms and conditions of employment on September 19, 2022:
Article 4 (Executive Management/Exempt Employees): The list of Executive Management Employees was updated to ensure that all affected classifications are added.
Article 6 (Section 6.01): This change relates to a salary increase of 5 percent to all classifications identified as Executive Management effective July 4, 2022. Article 7 (Section 7.01): This change provides for the increase in the benefit fund contribution from $1,400 per month to $1,500 per month, per Executive Management Employee, effective July 2022.
Article 29: Service Awards Program: Effective July 1, 2022, City to increase Service Award Program by $500 for each 5 years of completed service to the City as follows; provided, however, upon 25–years of service the Service Award shall be capped at $3,000 until it raises to, and caps at $3,500 at 40 years of service, and further provided that all other terms and condition remain the same:
Years of Service Current Award Award Amount
Effective July 1, 2022
5 $ 500 $1,000
10 $1,000 $1,500
15 $1,500 $2,000
20 $2,000 $2,500
25 $2,500 $3,000
30 $2,500 $3,000
35 $2,500 $3,000
40 $2,500 $3,500
Article 43: This change describes the term of the Agreement to be from July 1, 2022 to June 30, 2023.
FISCAL IMPACT: The fiscal impact associated with ratifying proposed Agreement Nos. 22–114, 22–115, 22–116, and 22–117, due to additional compensation, will be funded from the Personnel Adjustment Reserve of the General Fund as these increases were not included in the original Fiscal Year 2022–2023 Budget.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 22–114, a Memorandum of Understanding with the Montclair City Confidential Employees’ Association (MCCEA) for the period of July 1, 2022, to June 30, 2024;
2. Approve Agreement No. 22–115, a MOU with the Montclair Police Officers’ Association (MPOA) for the period of July 1, 2021, to June 30, 2025; MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 175 of 286
3. Approve Agreement No. 22–116, a Labor Agreement for Management (Nonsafety and Safety) employees regarding the terms and conditions of employment for the period of July 1, 2022, to June 30, 2023;
4. Approve Agreement No. 22–117, a Labor Agreement for Executive Management Employees regarding the terms and conditions of employment for the period of July 1, 2022, to June 30, 2023; and
5. Approve the Transfer of the appropriate additional compensation from the Personnel Adjustment Reserve Fund to the General Operating Fund.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 176 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT175/PDT545
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–118 AMENDING AGREEMENT NO. 21– 68 WITH SECURITAS SECURITY SERVICES USA, INC. FOR SECURITY GUARD SERVICES
AT THE MONTCLAIR TRANSCENTER
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–118 with Securitas Security Services USA, Inc., for security guard services at the Montclair Transcenter. Said Agreement would amend prior Agreement No. 21–68 to incorporate a rate increase imposed by the company.
A copy of proposed Agreement No. 22–118 is attached for the City Council’s review and consideration.
BACKGROUND: The City currently provides security services for the Montclair Transcenter as specified in its agreement with the San Bernardino County Transportation Authority. The City began utilizing the services of Securitas Security Services USA, Inc. to provide these services in January 2018 under the initial contract, Agreement No. 17–
92. Since then, this agreement has been amended three times (Agreement Nos. 18–85, 20–85, and 21–68) to incorporate increases in the hourly rate for security guard services.
Securitas Security Services USA, Inc. has notified Police Department staff of its intent to increase the hourly rate again by $1.89 effective January 1, 2023. The adjustment would result in an hourly billing rate of $30.19. The City would be billed the same hourly rate for straight hours as well as premium hours.
The company has indicated that in order to maintain its workforce, it must stay ahead of the state–mandated minimum wage rate to effectively compete against other part– time employers for recruitment and retention of qualified guards.
FISCAL IMPACT: Included in the Fiscal Year 2022–23 Budget is $207,750 in Special Contract Services Account No. 1001–4426–52450–400 for security guard services at the Montclair Transcenter. During the budget process, staff estimated the budget accordingly, but intends to address any shortfalls in this account at midyear.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 118 amending Agreement No. 21–68 with Securitas Security Services USA, Inc. for security guard services at the Montclair Transcenter.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 177 of 286 AGREEMENT NO. 22-118
AMENDING NOS. 21-68 / 20-85 / 18-85 / 17-92
AMENDMENT
Modifying Contract Between
City of Montclair
and Securitas Security Services USA, Inc. (“Company”)
Amendment Effective Date: 1/01/2023
The Contract, and anything attached to, incorporated into, or otherwise made a part of it (collectively, the “Agreement”), is modified as follows as of the Amendment Effective Date, and in case of any conflict between the Agreement and this Amendment, this Amendment will control. 2023 Standing Guard Services to take effect on 1/1/2023 until otherwise modified.
Security Officer $30.19
City of Montclair Securitas Security Services USA, Inc.
By/Date: ______________________________ By/Date:
Name: _Javier John Dutrey______________ Name: Diana Van Allen Title: _Mayor________________________ Title: Branch Manager Attest:
Andrea Myrick, City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 178 of 286 Agreement No. 17- 92
CITY OF MONTCLAIR
AGREEMENT FOR SECURITY SERVICES
THIS AGREEMENT is made and effective as of January 18 , 2019, between the City of Montclair, a municipal corporation ( hereinafter " City") and Securitas Security Services USA, Inc. a Delaware corporation ( hereinafter the " Company"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RFC'.TTALS,
1. The City desires to enter into an agreement with Company for security services.
2. The provisions of this Agreement shall apply only to security services provided by Company.
AGREEMENT
TERM
This Agreement shall commence upon execution ofthis Agreement by both parties and continue in effect until terminated pursuant to the provisions of this Agreement.
2. SERVICES
Company shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
PERFORMANCE
Company shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all tasks described herein. Company shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Company hereunder in meeting its obligations under this Agreement.
Any equipment/ software provided by Company in connection with Company' s services is for Company' s use and will always be Company property and City shall have no responsibility for the care, storage, recovery, replacement, repair or maintenance of Company equipment/ software.
Company is not selling or leasing any of the equipment/ software to City, and Company will remove its equipment/ software upon termination of this Agreement.
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 1 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 179 of 286 Agreement No. 17- 92
4. CITY MANAGEMENT
City' s City Manager shall represent City in all matters pertaining to the administration of this Agreement, including the authority to change the scope of services.
5. PAYMENT
a) Company shall be compensated in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full.
b) Company will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within forty-five (45) days of receipt of each invoice as to all non -disputed fees. Ifthe City disputes any of the Company' s fees, it shall give written notice to Company within thirty ( 30) days of receipt of an invoice of any disputed fees set forth on the invoice. In the event this agreement is suspended or terminated as provided in Section 6 below, Company shall submit an invoice for any unbilled services within 30 days of the date of suspension or termination.
c) Company may raise its rates on ninety (90_ days' written notice to account for any increases in (a) health care, benefit, or insurance costs, ( b) labor costs, ( c) costs arising from changes to laws, regulations, or insurance premiums, (d) SUI or similar taxes, or (e) any other taxes, fees, costs or charges related to Company' s services for which Company has reasonable advance notice; and upon thirty (30) days' written notice for fuel related costs and/ or other fees or charges related to Company' s service for which Company does not have reasonable advance notice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, upon ten ( 10) days prior written notice to Company. Upon receipt of said notice, the Company shall immediately cease all work under this Agreement, unless the notice provides otherwise. Ifthe City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is suspended or terminated pursuant to this Section, the City shall pay Company for services rendered up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Company will submit an invoice within 30 days of the date of suspension or termination to the City pursuant to Section 5( b). c) Company may terminate this Agreement upon at least thirty (30) days written notice to City.
2 Agreement No. 21-68 Securitas - Full Contract with Amendments Page 2 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 180 of 286 Agreement No. 17- 92
7. DEFAULT OF COMPANY
The Company' s failure to comply with any provision of this Agreement shall constitute a default. In the event that Company is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Company for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Company.
8. OWNERSHIP OF DOCUMENTS
a) Company shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Company shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Company shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three ( 3) years after receipt of final payment. b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Company. With respect to computer files, Company shall make available to the City, at the Company' s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Company' s services, to the fullest extent permitted by law, Company shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney' s fees and costs to the extent they are caused in whole or in part by any negligent or wrongful act, error, or omission of Company, its officers, agents, employees or subcontractors ( or any entity or individual that Company shall bear the legal liability thereof) in the performance of professional services under this Agreement. b) Indemnification for Other Than Professional Liability. Other than in the performance ofprofessional services and to the full extent permitted by law, Company shall indemnify, defend and hold harmless City, and any and all of its employees, officials, and agents 3 Agreement No. 21-68 Securitas - Full Contract with Amendments Page 3 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 181 of 286 Agreement No. 17- 92
from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney' s fees and costs, court costs, interest, defense costs, and expert witness fees), to the extent they arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligence, gross negligence, willful misconduct, recklessness, fraud, or other fault ofCompany, or the negligent or faulty performance of this Agreement by Company or by any individual or entity for which Company is legally liable, including but not limited to officers, agents, employees or subcontractors of Company. Said indemnification shall include any claim that Company, or Company employees or agents, are considered to be employees ofthe City or are entitled to any employee benefits from City, including but not limited to those available under Public Employees Retirement Law.
The Company' s obligation to defend the City, its employees, officials, and agents, is not contingent upon there being an acknowledgment or determination of the merit of any claims, demands, actions, causes of action, suits losses, liability, expenses, penalties, obligations, errors, omissions and/ or costs.
c) General Indemnification Provisions. Company agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractors or other person or entity involved by, for, with, or on behalf of Company in the performance of this Agreement. In the event Company fails to obtain such indemnity obligations from others as required here, Company agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Company and shall survive the termination of this Agreement or this section.
d) Limitation of Liability. Notwithstanding anything to the contrary, in no event will either party' s liability exceed $ 10 million.
10. INSURANCE
a) Types of Required Coverages
Without limiting the indemnity provisions ofthis Agreement, the Company shall procure and maintain in full force and effect during the term ofthis Agreement, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Company agrees to amend, supplement or endorse the policies to do so.
1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office occurrence" form CG 00 01, with minimum limits of at least $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage, and 2, 000, 000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability insurance and endorsements shall be kept in force at all times during the performance ofthis Agreement. 2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering " Any Auto" ( Symbol 1), including owned, non -owned and hired 4 Agreement No. 21-68 Securitas - Full Contract with Amendments Page 4 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 182 of 286 Agreement No. 17- 92
autos, or the exact equivalent, with minimum limits of $1, 000,000 for bodily injury and property damage, each accident. Automobile liability insurance of the same minimum coverage limits established here shall be provided for each and every type of motorized vehicle used by Company and/or its employees in the performance of duties under this Agreement, including but not limited to vehicles using mechanical propulsion powered by fossil fuels, electrical power or other forms of energy to propel passenger vehicles, trucks, motorcycles, scooters, three - wheeled or two - wheeled vehicles, and/ or carts, including motorized vehicles that may be provided by the City to Company for exclusive use by Company' s employees. Ifthe Company uses motorized vehicles provided by City, insurance coverage shall include provisions for full replacement for lost or stolen vehicles, collision coverage for repair of damaged vehicles, and coverage naming the City as additional insured for full protection against any liability claims resulting from acts of Company and its employees. If Company owns no vehicles, auto liability coverage may be provided by means of a non -owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. Employees are prohibited from using their personal vehicles in the course of their employment while on City property.
3) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer' s Liability Insurance with a limit of not less than $ 1, 000, 000 each accident for bodily injury and $ 1, 000, 000 each employee for bodily injury by disease.
b) Endorsements
Insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for approval. 1) The insurance coverages required by Section ( a)( 1) Commercial General Liability; and ( a)( 2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out ofthe Company' s performance of this Agreement ( additional insureds will only be covered by Company' s insurance for liability assumed by Company in this Agreement). Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to " Ongoing Operations"
2. Exclude " Contractual Liability"
3. Restrict coverage to the " Sole" liability of contractor
4. Exclude " Third -Party -Over Actions"
5. Contain any other exclusion contrary to this Agreement) Agreement No. 21-68 Securitas - Full Contract with Amendments Page 5 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 183 of 286 Agreement No. 17- 92
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
2) The policy or policies of insurance required by Section ( a)( 3) Workers' Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty 3 0) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non- payment of premium.
d) Waiver of Subrogation
Required insurance coverages shall not prohibit Company from waiving the right of subrogation prior to a loss. Company shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision. e) Evidence of Insurance
Company, concurrently with the execution of this Agreement, and as a condition precedent to the effectiveness thereof, shall deliver original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Company shall, within ten 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. f) Deductible or Self -Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention. g) Contractual Liability
The coverage provided shall apply to the obligations assumed by the Company under the indemnity provisions ofthis contract.
h) Failure to Maintain Coverage
Company agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Company until Company has fully complied with the insurance provisions of this C
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 6 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 184 of 286 Agreement No. 17- 92
Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Company' s expense, the premium thereon.
In the event that the Company' s operations are suspended for failure to maintain required insurance coverage, the Company shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. i) Acceptability ofInsurers
Each such policy shall be from a company or companies with a current A.M. Best' s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
0) Claims Made Policies
If coverage is written on a claims -made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of this Agreement and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three ( 3) years from termination or expiration of this Agreement.
Upon expiration or termination of coverage of required insurance, Company shall procure and submit to City evidence of "tail" coverage or an extended reporting coverage period endorsement for the period of at least three ( 3) years from the time that all work under this Agreement is completed.
k) Insurance for Subcontractors
Company shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the Subcontractor' s policies.
11. INDEPENDENT CONTRACTOR
a) Company is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Company shall at all times be under Company' s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Company or any of Company' s officers, employees, or agents, except as set forth in this Agreement. Company shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Company shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b) No employee benefits shall be available to Company in connection with the performance of this Agreement. Except for the fees paid to Company as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Company for h
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 7 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 185 of 286 Agreement No. 17- 92
performing services hereunder for City. City shall not be liable for compensation or indemnification to Company for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
Company shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Company shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity for the failure of Company to comply with this Section.
13. UNDUE INFLUENCE
Company declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee ofthe City of Montclair will receive compensation, directly or indirectly, from Company, or from any officer, employee or agent of Company, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to the subject matter of this Agreement during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for services to be performed under this Agreement.
15. RELEASE OF INFORMATION/ CONFLICTS OF INTEREST
a) All information gained by Company in performance of this Agreement shall be considered confidential and shall not be released by Company without City' s prior written authorization. Company, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary" provided Company gives City notice of such court order or subpoena.
b) Company shall promptly notify City should Company, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the Agreement No. 21-68 Securitas - Full Contract with Amendments Page 8 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 186 of 286 Agreement No. 17- 92
work performed thereunder or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Company and/ or be present at any deposition, hearing, or similar proceeding. Company agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Company.
However, City' s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
c) Company covenants that neither he/ she/ it nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance oftheir services hereunder. Company further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subcontractor.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, ( ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or ( iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Montclair
5111 Benito St.
Montclair, CA 91763
Attention: City Manager
To Company: Securitas Security Services USA, Inc.
Pacific Region/ Inland Empire
402 S. Milliken Ave.
Ontario, CA 91761
Attention: Robert Warcholik, Area Vice President
17. ASSIGNMENT
Company shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
18. LICENSES
At all times during the term of this Agreement, Company shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
L
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 9 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 187 of 286 Agreement No. 17- 92
19. ATTORNEY' S FEES
a) In the event any legal proceeding is instituted to enforce any term or provision of this agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable.
20. GOVERNING LAW
The City and Company understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
21. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party' s own independent investigation of any and all facts such party deems material.
22. CONFIDENTIALITY
Information and materials obtained by Company from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by Company for any purpose other than the performance of this Agreement.
23. DISCRIMINATION
Company agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, sex ( including pregnancy, childbirth and related medical conditions), age, marital status, citizenship status, genetic information, gender identity and gender expression, AIDS/ HIV status, sexual orientation, political activities or affiliations, military or veteran status, or status as a victim of domestic violence, assault, or stalking. In this connection, Company agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
10 Agreement No. 21-68 Securitas - Full Contract with Amendments Page 10 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 188 of 286 Agreement No. 17- 92
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Company warrants and represents that he/ she has the authority to execute this Agreement on behalf of Company and has the authority to bind Company to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MONTCLAIR
Paul M. Eaton
Mayor,—
Attest: ay
Andrea Phi lips
City Clerk
Approved as to Form:
Diane E. R bbins
City Attorney
SECURITAS SECURITY SERVICES USA INC.
By:
Signature
11 0\-),- (-VQC,
Name
Ane- % 1 -w -
Title
By:
Signature
Name
Title
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 11 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 189 of 286 Agreement No. 17- 92
EXHIBIT A
SCOPE OF SERVICES
Security Guard services in and around the Montclair Transcenter, located at 5000 Richton St, Montclair, California, consisting of loading and unloading platforms, passenger shelters, ticket vending machines, and parking facilities, including 1587 parking spaces in four lots, on 23 %2 acres.
Services shall include, but not be limited to, the following:
Maintain high visibility.
Have good interpersonal skills and have regular interaction with transit operators and passengers.
Maintain mobility to more effectively monitor the contracted site.
Make note of suspicious activity, and notify the Police Department of any detected or suspected criminal activity.
Be proactive and internally document patrol activities.
Document and report any unsafe conditions or facilities in need of repair.
All reporting shall be in digital form and retained for a period of no less than the duration of this agreement, with these documents available upon request to assigned City representatives.
All reports/ documentation involving vandalism and other crimes, as well as any unsafe conditions shall be forwarded to the Police representative for proper review and forwarding to the appropriate City department.
Security guards are not to carry firearms, attempt to arrest or detain individuals, or perform any type of law enforcement activity. Pepper spray may be carried for personal protection/ self defense only ifpermitted by Company.
12 Agreement No. 21-68 Securitas - Full Contract with Amendments Page 12 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 190 of 286 t
Agreement No. 17- 92
Revised 12/ 14/ 17
Pricing Exhibit A
Securitas Pricing Program for The City of Montclair Metrolink Station Condensed Overview: Metrolink Station
Be Visible on the Platform for all Arriving & Departing Trains Patrol Both Sides of the Platform
Periodic Parking Lot Patrols
Monday thru Friday, 0415-0020
Saturday, 0645- 0045
Sunday, 0715- 2220
133 Total Hours per Week
Security Officer Pricing Details ( 133 HPW):
Hourly Wage Rate: $ 11. 75
Straight Time Bill Rate: $ 19. 97
Holiday Pay & State Mandated Sick Days: Included
Notes to the Pricing Program:
The above program includes the proprietary Securitas Post Management System with Electronic Reporting, Tour Confirmations and Incident Tracking. Also includes one random Supervisor Visit per Week.
Based on the above $ 19. 97 Rate and 133 Hours per Week, your Labor Costs would look as follows:
Weekly:
Monthly:
2, 656
11, 509
With the SE -3 Patroller direct billed at an all- inclusive $ 525 a month, ( using Client Provided Storage) your Total Costs would look as follows:
Weekly: $ 2, 777
Monthly: $ 12, 034
All Pricing Good thru 12/ 31/ 18
13 Agreement No. 21-68 Securitas - Full Contract with Amendments Page 13 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 191 of 286 Agreement No. 18- 85
Amendment to
Agreement No. 17- 92
SECURITAS
ADDENDUM/ AMENDMENT/ RENEWAL
to Security Services Agreement ( the " Agreement") Between City Of Montclair (" Client")
and Securitas Security Services USA, Inc. (" Company")
Effective Date: 12/ 28/ 2018
As of the Effective Date of this Addendum/ Am endment/ Renewal, the Agreement is modified as follows; except as specifically modified by this Addendum/ Amendment/ Renewal, all terms of the Agreement remain in full force.
Current Rate-$ 19. 97 Regular Officers
New Rate $ 21. 80 Regular Officers
Sick Time be billed back as incurred effective12/ 28/ 18 Client Securitas Security Services USA, Inc
By: By:
Name: n e aton Name:
Title: Mayor, City of Montclair Title:
ATTEST:
Andrea M. Phillips,
Ctl
G erk
I /0) YVI
SSA Addendum — ( 2/ 12) 2012 Securitas Security Serv ices USA, Inc.
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 14 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 192 of 286 AGREEMENT NO. 20- 85
AMENDING NOS. 18- 85 / 17- 92
sz,euitt
ADDENDUM/ AMENDMENT/ RENEWAL
to Agreement for Security Services, dated January 18, 2018 ( the " Agreement'), Between City of Montclair (" Client')
and Securitas Security Services USA, Inc. (" Company")
Effective Date: January 1. 2021
As of the Effective Date of this Addendum/ Amendment/ Renewal, the Agreement is modified as follows; except as specifically modified by this Addendum/ Amendment/ Renewal, all terms of the Agreement remain in full force.
1. Current Rate: $ 23. 15 Regular Officers
New Rate: $ 25.43 Regular Officers
Sick Time be billed back as incurred effective 12/ 27/ 2019
2. Attachment A is made part of this Addendum/ Amendment/ Renewal.
City of Montclair
By:
Name: Ja ter Joh Dutre
Title: Mayor
Attest:
Andrea Phillips, IlCliq Clerk
SSA Addendum -( 2/ 12)
Securitas Security Services USA, Inc.
By: LD Va.wAUew
Name: Diana Van Allen
Title: District Manger
C' 2012 Securitas security Services USA, Inc.
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 15 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 193 of 286 AGREEMENT NO. 20- 85
AMENDING NOS. 18- 85 / 17- 92
ATTACHMENT A
Section 9 of Agreement 17- 92 is replaced with the following:
9. INDEMNIFICATION
a) Defense. Indemnity and Hold Harmless. Contractor shall defend. indemnify and hold harmless the City. its present and former officers. directors. employees. agents. volunteers. mayor. staff. boards. committee and representatives. as broadly interpreted ( collectively. the " Indemnified Parties"). of and from all claims. suits. demands. obligations. losses damages. sums or any other matters. threatened or presently asserted. including but not limited to all legal fees. costs of defense and litigation expenses ( including legal fees. expert fees and any other costs or fees. including those of adverse parties imposed on or sought against the Indemnified Parties). arising directly or indirectly out of any liability or claim of loss or liability for personal injury. bodily injury to persons. contractual liability. errors or omissions. breach. failure to perform. damage to or loss of property. or any other loss. damage. injury or other claim of any kind or nature arising out of the work to be performed by Contractor herein. to the extent they are caused by or arise out of the negligent acts or negligent omissions. or intentional misconduct of Contractor. including its subcontractors. employees. agents and other persons or entities performing work for Contractor. b) Contractual Indemnity. To the fullest extent permitted under California law. Contractor shall contractually indemnify. defend and hold harmless the Indemnified Parties from and against any liability ( including liability for claims. suits. actions. arbitration proceedings. administrative proceedings. regulatory proceedings. losses. expenses. amounts for good faith settlement. or costs of any kind. whether actual. alleged or threatened. including attorneys fees and costs. court costs.
Interest. defense costs. and expert witness fees and costs). arising out of or related to. in whole or in part. the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable. including but not limited to Contractor' s officers. agents. independent contractors. subcontractors or affiliated or related entities and/ or its or their employees. agents and representatives. to the extent they are caused by or arise out of all negligent acts or negligent omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor or Contractor' s employees or agents. are or may be considered and treated to be employees of the City or are entitled to any employee benefits from City. including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify. defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent. except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Contractor' s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims. liability. demands, causes of action, suits, losses, expenses, errors, omissions and/ or costs. c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor. Sub consultant or other person or entity involved by. for. with. or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity obligations. Contractor shall be fully responsible for each and every Subcontractor. Subconsultant or other person or entity in terms of defense. indemnity and hold harmless obligations in favor of the Indemnified Parties. This obligation to indemnify and defend the Indemnified Parties is binding on the successors. assigns or heirs of Contractor and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance -related provisions of this Agreement. d) City Lost or Damaged Property Theft. Contractor further agrees to pay or cause to be paid for the Indemnified Parties- benefit for any and all damage. fines or penalties. or loss or theft to the property of the City to the extent they arise out of the negligent acts or negligent omissions. or intentional misconduct of Contractor or of Contractor' s officers. agents. independent contractors. subcontractors or affiliated or related entities and/ or its or their employees. agents and representatives. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties.
SSA Addendum -( 2112) 2012 Securitas Security Services USA, Inc.
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 16 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 194 of 286 AGREEMENT NO. 20- 85
AMENDING NOS. 18- 85 / 17- 92
e) Non -Waiver and Non - Exhaustion of City' s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City' s rights to contribution from Contractor, or for the City to dispute Contractor' s refusal to defend and indemnify City.
D Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
g) Limitations on Liability. Notwithstanding anything to the contrary, in no event will either party' s liability exceed $ 10 million.
SSA Addendum -( 2112) 2012 Securitas Security Services USA, Inc.
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 17 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 195 of 286 AGREEMENT NO. 21- 68
AMENDING NOS. 20- 85 / 18- 85 / 17- 92
ADDENDUM
to Security Services Agreement (the " Agreement") Between City of Montclair (" Client")
and Securitas Security Services USA, Inc. (" Company")
Effective Date: January 1, 2022
As of the Effective Date of this Addendum, the Agreement is modified as follows; except as specifically modified by this Addendum, all terms of the Agreement remain in full force.
Current Rate: $ 25. 43
New Rate: $ 28.30
City of Montclair Securitas Security S rvi es USA, Inc.
By: By:
i
Name: Javie John D rey Name:
Title: Mayor e / c t 6 Title: `> STt tcy• 1 r`' AC2"
Attest:
A drea Myrick, City Clerks Page 1 of 1
SSA Addendum - ( 7/ 17) © 2017 Securitas Security Services USA, Inc.
Agreement No. 21-68 Securitas - Full Contract with Amendments Page 18 of 18 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 196 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: PER187
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–119 WITH THERESA ST. PETER FOR
PROFESSIONAL HUMAN RESOURCES CONSULTING SERVICES, SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–119 with Theresa St. Peter for professional Human Resources consulting services.
BACKGROUND: Many of the City’s Human Resources and Risk Management policies and procedures are outdated and do not conform with current standards, requirements, and best practices in the fields. Theresa St. Peter was highly recommended by several local cities for auditing and updating personnel policies as well as providing advice and guidance for highly complex human resources matters, such as hiring CalPERS retired annuitants and processing industrial disability retirements.
Ms. St. Peter retired in 2011 from a long career in human resources and risk management with the City of Monrovia. She has since consulted for cities and served in interim director positions, having worked over the past decade for the cities of West Covina, Azusa, San Clemente, San Gabriel, Alhambra, Ontario, and Pomona. Her specialties include recruitment and selection of City employees and volunteers, employee relations, benefits administration, employee training and development, workers’ compensation, and liability and risk management. Ms. Peter holds a Bachelor of Arts in Psychology and a Master of Public Administration from California State University, Fullerton.
The scope of work for Ms. St. Peter’s services would be as follows:
Consultant shall review/revise/create policies, procedures, and/or forms and provide professional advice or assistance regarding the following topics, as requested:
Recruitments, Onboarding, and Separations
Labor Relations & Memoranda of Understanding
Salary Surveys and Schedules
Performance Evaluations
Employee Discipline
Employee Recognition and Incentive Programs
Industrial Disability Retirements
Workers' Compensation
Internal Investigations
Occupational Safety
Risk Management-Related Matters
Other Personnel-Related Matters
FISCAL IMPACT: Ms. St. Peter’s rate is $90.00 per hour. The contract for Ms. St. Peter shall not exceed $50,000. The Contingency Reserve Fund would be utilized to fund these consultant services from December 19, 2022 through December 19, 2023.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 197 of 286 RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 119 with Theresa St. Peter for professional Human Resources consulting services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 198 of 286 Agreement No. 22-119
CITY OF MONTCLAIR
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 19th day of December, 2022, by and between the City of Montclair, a municipal corporation organized under the laws of the State of California with its principal place of business at 5111 Benito Street, California 91763, County of San Bernardino, State of California ("City") and Theresa St. Peter, a Sole Proprietorship ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional human resources consulting services to public clients and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional human resources consulting services ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 19, 2022, to December 19, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, unless the City extends the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation for all Services rendered under this Agreement at the hourly rate of $90. The total amount is not to exceed $50,000 without the written approval of the City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within thirty (30) days of receiving such invoice, review the invoice and pay MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 199 of 286 Agreement No. 22-119
all non- disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Theresa St. Peter.
3.3.3 City's Representative. The City hereby designates Marcia Richter, Assistant City Manager/Director of Human Services, or her designee, ("City’s Representative") to act as its representative in all matters pertaining to the administration and performance of this Agreement. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept changes to the Scope of Services from any person other than the City Manager.
3.3.4 Consultant's Representative. Consultant hereby designates Theresa St. Peter, or her designee, ("Consultant's Representative") to act as its representative for the performance of this Agreement. Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 200 of 286 Agreement No. 22-119
3.3.5 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as used by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all of its employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein.
Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.6 Force Majeure Event.
3.3.6.1 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.6.2 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.7 Laws and Regulations; Employee/Labor Certification.
3.3.7.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 201 of 286 Agreement No. 22-119
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.7.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.7.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.7.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.7.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code
§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.7.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
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3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 203 of 286 Agreement No. 22-119
rendered to City, and Consultant shall be entitled to no further compensation. Consultant may terminate this Agreement by providing written notice to City at least thirty (30) days before the effective date of such termination provided that the City may waive this notice period. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City.
Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
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3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the Services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below.
Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Theresa St. Peter
8527 Calle Carabe St.
Rancho Cucamonga, CA 91730
Tel: 909-518-9463
Email: [email protected]
City: City of Montclair
ATTN: Marcia Richter, Asst. City Manager/Director of Human Svcs. 5111 Benito Street
Montclair, CA 91763
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 205 of 286 Agreement No. 22-119
Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination.
Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 206 of 286 Agreement No. 22-119
or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 208 of 286 Agreement No. 22-119
Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf. “CONSULTANT” “CITY”
THERESA ST. PETER CITY OF MONTCLAIR
An Individual A General Law City
Theresa St. Peter Javier John Dutrey
Human Resources Consultant Mayor
ATTEST:
Andrea M. Myrick
City Clerk
APPROVED AS TO FORM
Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 209 of 286 Agreement No. 22-119
Exhibit A
Theresa St. Peter
Human Resources Consultant
Consulting Proposal for the City of Montclair
Consultant shall review/revise/create policies, procedures, and/or forms and provide professional advice or assistance regarding the following topics, as requested:
o Recruitments, Onboarding, and Separations
o Labor Relations & Memoranda of Understanding
o Salary Surveys and Schedules
o Performance Evaluations
o Employee Discipline
o Employee Recognition and Incentive Programs
o Industrial Disability Retirements
o Workers' Compensation
o Internal Investigations
o Occupational Safety
o Risk Management-Related Matters
o Other Personnel-Related Matters
All work shall be in conformance with federal, state, and local laws, regulations, and best practices.
The hourly rate for the above projects is $90.00 per hour.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 210 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: GRT050–D
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER AMENDING THE 2019–2024 CAPITAL IMPROVEMENT PROGRAM TO ADD
THE ALLEYWAY IMPROVEMENTS PROJECT
CONSIDER AUTHORIZING A $117,050 APPROPRIATION FROM 2021 LEASE REVENUE
BOND PROCEEDS FOR COSTS RELATED TO THE ALLEYWAY IMPROVEMENTS PROJECT CONSIDER APPROVING AGREEMENT NO. 22–120 WITH L.D. KING, INC. FOR
PROFESSIONAL DESIGN SERVICES FOR THE ALLEYWAY IMPROVEMENTS PROJECT,
SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: Engineering design services are required for the development of construction plans and specifications for the Alleyway Improvements Project. Agreements for design services require City Council approval.
The City Council is requested to amend the Capital Improvement Program (CIP) to add the Alleyway Improvements Project, authorize an appropriation of $117,050 from 2021 Leave Revenue Bond Proceeds for the Project, and approve Agreement No. 22–120 with L.D. King for professional design services for the Project. A copy of proposed Agreement No. 22–120 with L.D. King, Inc. is attached for City Council review and consideration.
BACKGROUND: On December 2, 2019, the City Council approved the City of Montclair Capital Improvement Program for Fiscal Years 2019–20 through 2023–24 to assure that long–range capital project objectives will receive proper consideration.
On October 18, and November 10, 2021, the City Council held workshops to discuss infrastructure projects to be supported with 2021 Lease Revenue Bond (LRB) proceeds.
The workshops outlined several alleyway improvements Citywide.
There are over 40 alleyways in the City, 16 of these alleyways are located in CDBG target areas. This project will rehabilitate 16 alleyways, three of which are in the CDBG target areas. Currently, the City is using CDBG funding for the rehabilitation of five (5) alleyways. Once the design of the three alleyways in the CDBG area are complete as part of this project, the alleyways will be ready to advertise and construct using CDBG funds as part of next year’s CDBG allocation.
Professional design services include topographic survey and plans for the complete removal and replacement of existing concrete asphalt, construction of a new longitudinal concrete drainage gutter, replacement of non–compliant Americans with Disabilities Act (ADA) pedestrian ramps, and new traffic legends as needed.
Staff is using the City’s on–call civil engineering services with L.D. King, Inc. to prepare the plans and specifications for this project.
FISCAL IMPACT: The total design cost is $117,050. 2021 Lease Revenue Bond Funds will be used to cover this cost.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 211 of 286 RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Alleyway Improvements Project:
1. Amend the 2019–2024 Capital Improvement Program to add the Project;
2. Authorize an $117,050 appropriation from 2021 Lease Revenue Bond Proceeds for costs related to the Project; and
3. Approve Agreement No. 22–120 with L.D. King, Inc. for professional design services for the Project, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 212 of 286
CAMULOS
RUDISILL
CAROLINE
KIMBERLY
HOWARD
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MARION
JUNE MOUNTAIN
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DEL MAR
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STATE
ASH
ROSE
DENVER
FAUNA
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SAN CLEMENTE
MARQUETTE
BERKELEY
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BERKELEY
PRADERA
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FLORA
LEHIGH
SAN JUAN
COALINGA
HIGHLAND
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GRAND
GRANADA
VISTA REAL
VISTA PANORAMA
MANZANITA
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MUSTANG
KIMBERLY
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GREENWOOD
GRANADA
HAMPTON
BOLTON
S.P.R.R.
CALICO
CAMULOS
MISSION
CAMULOS
BANDERA
PRADERA
HANOVER
SARATOGA
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TUDOR
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MAMMMOTH
CIMARRON OAKS
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COLUMBINE
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SNOWMASS
GROVE
STEAMBOAT
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RAWHIDE
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FANCISCO
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CAMBRIDGE
BROOKS
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DENVER
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RAMONA
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SURREY
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BOLTON
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GREYCLIFF
YALE
MERLE
GRANADA
BODEGA
MILLS
THIRD
LEHIGH
COALINGA
CENTRAL
MONTE VERDE
EAST END
PRINCETONSAN PASQUAL
SAN MIGUEL
COLUMBINE
COLUMBINE
KINGSLEY
POULSEN
MILLS
FREMONT
VISTA FLORA
CARRIAGE
VIA ANGELO
CAMBRIDGE
MERLE
FELIPE
BENITO
MANE
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FLORA
ADA
SUN VALLEY
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PIPELINE
RAMONA
EL MORADO
HELENA
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CLYDESDALE
MISSION
FAUNA
OAKGROVE
PALOMINO
BEL AIR
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DENVER
RODEO
FAUNA
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COLLEGE
NORTON
CAMBRIDGE
HELENA
SURREY
FIR
SAN FELIPE
BUCKINGHAM
HOWARD
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SANTA ANITA
MILLSTONE
ROSE U.P.R.R.
PALO VERDE WILLOW
FREMONT
EUREKA
FLORA
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PORTILLA
MILLSTONE
MAITLAND
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GRANADA
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SHETLAND
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RAMONA
MORGAN
CAMARENA
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STALLION
4 HARVARD
CANOGA
SURREY
1 VIA NAPOLI
2 VIA AIDA
3 VIA MORGANA DAVIS
4 VIA RIVIERA
5 VIA VIOLA
6 VIA CARA
VIA PALMA
PRADERA
OAK GLEN
VILLAGE
BERKELEY
CENTRAL
CABRILLO
WHITEWATER
GREENWOOD
U.P.R.R.
SHETLAND
PIPELINE
STALLION
CLAIR
RUDISILL
VISTA JUANITA
CARLTON
DORSET
SURREY
5 S.P.R.R.
DENVER
OLIVE
DARTMOUTH
POULSEN
CARRILLO
CANARY
CANOGA
BARRINGTON
BONNIE BRAE
AMHERST
DENVER
CARRIAGE
DEL MAR
SADDLEBACK
CUMBERLAND
HUNTINGTON
COVENTRY
SHETLAND
FREMONT
CARLTON
GRAND
VISTA MADERA VISTA DEL RIO
MISSION
ARABIAN
KINGSLEY
HELENA
HOWARD
EL MORADO
CHICO
SADDLEBACK
FAUNA
1 VISTA DEL SOL
2 VISTA DEL ORO
3 VISTA HERMOSA
KINGSLEY
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FELIPE
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KIMBERLY
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MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 213 of 286 Project No.
Project Details:
Project Name:
(Assigned by Finance):
Phase Prior Years 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Total Fund/Program Design
Environmental
117,050.00 117,050.00
Sewer Fund
2021 Lease Rev
Total
Construction
R/W Acquisition
0.00 0.00 0.00 0.00 117,050.00 0.00 117,050.00
Department:
Approvals:
By: Date:
Finance By: Date:
City Council Date: Cost:
Total Project
117,050.00
Revision Number:
Alleyway Improvements Project
Fiscal Years
Preparation Date: December 13, 2022 Department: Public Works Contact/Ext.: Rosemary Hoerning
Infrastructure Fund
Capital Project Funding Information
Preparation of plans and specifications for the rehabilitation of 16 alleyways.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 214 of 286 Agreement No. 22-120
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
ALLEYWAY IMPROVEMENTS PROJECT
THIS AGREEMENT is made and effective as of on December 19, 2022, between the City of Montclair, a municipal corporation ("City") and L.D. King, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on January 3, 2023 and shall remain and continue in effect for a period of six months until tasks described herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times competently perform all tasks described herein in a manner consistent with professional standard of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $117,050 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement.
Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.
Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 215 of 286 Agreement No. 22-120
(d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice.
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is in compliance with this Agreement. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall compensate Consultant for work performed in a manner consistent with professional standard of care. City can terminate this Agreement after providing Consultant seven (7) days prior notice if the Consultant is in default of this Agreement. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and to the extent the default is without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, and payment to Consultant for all monies due under this Agreement, all original documents, including computer files, prepared by Consultant during its performance of services under this Agreement (“Documents”) shall become the sole property of the City. Documents are not intended or represented to be suitable for reuse by City or others on any other project. Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. The City agrees to indemnify and hold harmless MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 216 of 286 Agreement No. 22-120
from any and all liabilities, damages, and costs arising out of or related to the misuse or unauthorized reuse of Documents. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. In accordance with California Civil Code 2782.8 which is fully incorporated herein. Consultant shall indemnify, and hold harmless the City, its present officers, directors and employees, (collectively, the “Indemnified Parties”), of and from all damages, liabilities and costs, including reasonable attorney’s fees and court costs , and liability for personal injury, bodily injury to persons, damage to property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed , to the extent caused by the negligent acts, errors, or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, and in accordance with California Civil Code 2782.8 which is fully incorporated herein, Consultant shall contractually indemnify and hold harmless the Indemnified Parties from and against any liability, damages, and costs including reasonable attorney’s fees and court costs arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, and/or its or their employees, agents and representatives, to the extent caused by the negligent acts, errors or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify and hold harmless the Indemnified Parties shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to indemnify and hold pay or cause to be paid to the Indemnified Parties’ harmless from benefit, any and all damages, fines, penalties of property of the City to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors and/or its or their employees, agents and representatives. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 217 of 286 Agreement No. 22-120
against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for liabilities, damages, and costs claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $2,000,000 for bodily injury and property damage, each accident.
If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 218 of 286 Agreement No. 22-120
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement.
The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04
13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 219 of 286 Agreement No. 22-120
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 220 of 286 Agreement No. 22-120
terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/ Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor.
The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 221 of 286 Agreement No. 22-120
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 222 of 286 Agreement No. 22-120
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City:
City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant: Timothy Hartnett
HR Green Pacific, Inc.
1260 Corona Pointe, Suite 305
Corona, CA. 92879
17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONTENTS OF REQUEST FOR PROPOSALS
Consultant is bound by the contents of City’s Request for Proposal, Exhibit "A" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "B" hereto. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposals.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 223 of 286 Agreement No. 22-120
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City.
Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 224 of 286 Agreement No. 22-120
29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MONTCLAIR CONSULTANT
By: By:
Javier John Dutrey, Mayor Name: Carla E. Berard, P.E., P.L.S.
Title: CEO
Attest:
By: By:
Andrea M. Myrick, City Clerk Name:
Title:
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 225 of 286 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 226 of 286 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 227 of 286 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 228 of 286 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 229 of 286 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 230 of 286 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 231 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.
PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3391 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING
TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF DECEMBER 19, 2022, THROUGH JANUARY 18, 2023
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 22–3391 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring January 18, 2023.
BACKGROUND: Governor Newsom’s Executive Order N–29–20, which suspended and modified the Brown Act’s teleconferencing requirements during the COVID–19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361 into law as an urgency bill and, four days later, executed an order delaying the application of AB 361 until October 2, 2021.
AB 361 permits legislative bodies of state and local entities to continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access, and other requirements of traditional teleconference meetings under the Brown Act. Under AB 361, a legislative body may hold entirely virtual meetings (or partially virtual meetings) until the end of the current state of emergency and during any future emergency declarations through January 1, 2024. However, to do so, the legislative body must make factual findings to continue teleconferencing every 30 days.
FISCAL IMPACT: There is no direct fiscal impact on the General Fund related to the City Council’s adoption of Resolution No. 22–3391.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3391 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of December 19, 2022, through January 18, 2023.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 232 of 286 Resolution No. 22–3391 Page 1 of 3
RESOLUTION NO. 22–3391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR STATING COMPLIANCE WITH THE PROVISIONS OF ASSEMBLY BILL 361
INCLUDING COMPLIANCE WITH ABBREVIATED TELECONFERENCE
REQUIRMENTS FOR OPEN MEETINGS, AND MAKING FACTUAL FINDINGS REGARDING THE COVID–19 PUBLIC HEALTH EMERGENCY FOR THE
PERIOD OF DECEMBER 19, 2022, THROUGH JANUARY 18, 2023
WHEREAS, recognizing the continuing public health threat posed by the novel coronavirus, California Governor Gavin Newsom on September 16, 2021 signed Assembly Bill 361 (AB 361), an urgency law establishing procedures for the continuation of teleconferencing during public health emergencies, including the COVID–19 public health emergency; and
WHEREAS, the Montclair City Council, its standing committees, and the Montclair Planning and Community Activities Commissions may continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access and other requirements of traditional teleconference meetings under the Ralph M. Brown Act—Government Code (GC) sections (§§)54950–54963 (the "Brown Act") open meeting laws until the end of the current state of emergency and during any future state of emergency, up until January 1, 2024; and WHEREAS, to continue meeting virtually, the Montclair City Council is required to make factual findings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby elects to use AB 361’s abbreviated teleconferencing procedures where a state of emergency has been formally proclaimed, but only if at least one of the following three conditions apply, and this election shall hereby include its standing committees and the Montclair Planning and Community Activities Commissions:
1. State or local officials have imposed or recommended measures to promote social distancing at the time the legislative body holds the meeting to adopt AB 361 [GC §54953(e)(1)(A)]; or
2. The legislative body holds a meeting for the first time for the purpose of determining by majority vote whether, as a result of proclaimed state of emergency, meeting in person would present imminent risks to the health and safety of attendees [GC §54953(e)(1)(B)], or
3. The legislative body has determined (per the previous bullet) that, as a result of the proclaimed state of emergency, meeting in person would continue to present imminent risks to the health or safety of attendees [GC §54953(e)(1)(C)].
As to condition No. 1, immediately above:
On March 16, 2020, the City Council adopted Resolution No. 20–3263 declaring that a local public health emergency exists in the City of Montclair.
The public health emergency continues until Resolution No. 20–3263 is rescinded.
On September 21, 2020, the City Manager introduced, and the City Council adopted, the City Facilities Public Reopening, Health and Safety Plan. The Plan introduced a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal government’s Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. A copy of the Plan had been provided to each member of the City Council.
BE IT FURTHER RESOLVED that pursuant to AB 361, local legislative bodies electing to use the urgency bill’s abbreviated teleconferencing procedures must make the following factual findings within 30 days after teleconferencing for the first time after the expiration of Executive Order No. N–29–20 on September 30, 2021, and every 30 days thereafter until January 1, 2024, or when Montclair City Council Resolution No. 20–3263 declaring a public health emergency is rescinded, whichever comes first:
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 233 of 286 Resolution No. 22–3391 Page 2 of 3
1. The legislative body has reconsidered the circumstances of the state of emergency; and
2. Either of the following circumstances exist:
The state of emergency continues to directly impact the ability of the members to meet safely in person.
State or local officials continue to impose or recommend measures to promote social distancing.
As to condition No. 1, immediately above, this Resolution makes factual findings as follows:
The City Council of the City of Montclair, in reconsideration of the circumstances of the public health emergency related to COVID–19, as expressed in Montclair City Council Resolution No. 20–3263, adopted March 16, 2020, declaring that a local public health emergency exists in the City of Montclair, remains in effect.
As to condition No. 2, immediately above, this Resolution makes factual findings as to the following:
On September 21, 2020, the City Council adopted the City Facilities Public Reopening, Health and Safety Plan, introducing a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal governments Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. Adoption of the Plan also incorporated guidance from the California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC), including public health guidelines that promote personal responsibility for social distancing and compliance with face covering mandates, education on the need to avoid large gatherings, and promotion of protocols related to personal hygiene.
By adoption of this Resolution, the City Council of the City of Montclair reaffirms that it continues to impose measures in City facilities and at City– sponsored events to promote social distancing in compliance with the City Facilities Public Reopening, Health and Safety Plan.
BE IT FURTHER RESOLVED that the City Council of the City of Montclair, its standing committees, and the Montclair Planning and Community Activities Commissions shall further comply with each of AB 361's abbreviated teleconference requirement for open meetings, including the following:
1. Notice and agenda:
The City of Montclair shall provide notice and post agendas as otherwise required under the Brown Act (setting aside traditional teleconferencing requirements), and shall indicate on the notice the means by which the public may access the meeting and offer comment.
The agenda shall identify and include an opportunity for all persons to attend via a call–in option or internet–based service. Further, (1) the agenda is not required to be posted at all teleconferencing locations, (2) public access does not need to be assured at all teleconference locations, (3) the notices and agenda do not need to list the teleconferencing locations of the members of the City Council, and (4) a quorum of the members of the City Council do not need to participate within physical boundaries of the City of Montclair.
2. Public comment rules: AB 361 instituted new rules for public comments for timed and untimed public comment periods during legislative body meetings. Timed general public comment period: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide members of the public a timed, general public comment period, and opportunity to register for public comment does not close until the set general public comment period has elapsed.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 234 of 286 Resolution No. 22–3391 Page 3 of 3
Untimed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed, general public comment period. Timed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed public comment period per agenda item.
3. Prohibition against requirement for public comments to be submitted in advance. The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361's prohibition against a local legislative body from requiring public comments to be submitted in advance of the meeting.
4. Registration for public comment: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361 by not imposing a requirement that a member of the public register for public comment before being allowed to provide public comment where a third– party platform (such as Zoom or Microsoft Teams) is employed.
5. Disrupted broadcasting procedures: In the event there is a broadcasting disruption of a meeting of the Montclair City Council, its committees, or the Montclair Planning and Community Activities Commissions to the public by phone or by internet, the Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions will take no further action on agenda items until public access is restored.
6. Standing Committee: Each standing committee of the Montclair City Council shall fall under the scope of AB 361.
7. Montclair Planning and Community Activities Commissions: The Montclair Planning Commission and the Montclair Community Activities Commission shall fall under the scope of AB 361.
BE IT FURTHER RESOLVED that this action is exempt from review pursuant to the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15061(b)(3), the “common sense” exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of January 18, 2023, or such time as the City Council adopts a subsequent resolution in accordance with GC §54953(e)(3) to extend the time during which meetings may continue to be held remotely by teleconference in compliance with that section.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3391 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 235 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: REF100–50
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3393 AMENDING THE FEE SCHEDULE
FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL AND COMMERCIAL REFUSE CONSIDER APPROVAL OF AGREEMENT NO. 22–121 AMENDING AGREEMENT NO. 18–26 WITH BURRTEC WASTE INDUSTRIES, INC., FOR SOLID WASTE MANAGEMENT
SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City of Montclair provides a number of property– related services to residents and property owners within the City's administrative boundaries, including the following refuse–related disposal services: solid waste, greenwaste, recycling, electronic and universal waste drop off, bulky item pickup and other residential– and commercial–related refuse services—collectively referred to as refuse services. The cost of providing refuse services is charged directly to residents and property owners.
Pursuant to Section 6.16.050 of Title 6 of the Montclair Municipal Code, the City Council may, from time to time, consider adjustments to rates for refuse services; however, rate adjustments must comply with provisions of Proposition 218 (1996)—pursuant to Proposition 218, rate adjustments cannot exceed maximum rate caps established pursuant to the Proposition 218 notification and hearing process. The City last conducted a Proposition 218 hearing in July 2019, and remains within established maximum rate caps.
The City currently contracts with Burrtec Waste Industries, Inc., via Agreement No. 18– 26 to provide refuse services. Pursuant to Agreement No. 18–26, Burrtec is requesting rate adjustments for residential and commercial accounts. At the July 22, 2019, Proposition 218 public hearing for refuse and sewer rates, the City Council established a five–year schedule of maximum rates for refuse services. The request from Burrtec to adjust residential and commercial refuse accounts falls within existing, established Proposition 218 rate caps.
The City Council is requested to consider adoption of Resolution No. 22–3393 for the proposed rate increases, and to consider approval of Agreement No. 22–121 amending Agreement No. 18–26 in relation to SB 1383 (2016), codifying the California Air Resources Board’s (CARB) California’s Short–Lived Climate Pollutant Reduction (SB 1383) strategies.
Copies of proposed Resolution No. 22–3393 and proposed Agreement No. 22–121 are attached for the City Council's review and consideration.
BACKGROUND: In 1993, Burrtec Waste Industries, Inc. (Burrtec) was granted exclusive franchise for solid waste management pursuant to City Council approval of Agreement No. 93–06. On July 18, 2011, the City Council approved Agreement No. 11–57, a Solid Waste Management Services Agreement with Burrtec Waste Industries, Inc. that succeeded Agreement No. 93–06. Agreement No. 11–57 was replaced with Agreement MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 236 of 286 No. 18–26, a Solid Waste Management Services Agreement with Burrtec Waste Industries, Inc. after City Council approval on May 21, 2018.
The City Manager and Director of Finance have met with Burrtec representatives to discuss various potential amendments to current Solid Waste Management Services Agreement No.18–26. In order to comply with SB 1383 regulations, the City’s contract with Burrtec requires an amendment to allow the new refuse collection programs be put in place. As proposed, Agreement No. 22–121 seeks several modifications including, but not limited to, addition of certain definitions, updates to the collection system, regulatory compliance, and SB 1383 education and outreach.
Definition Additions
Proposed Agreement No. 22–121 seeks to add the definition of several terms as they relate to SB 1383 compliance. The addition of the requested definitions to the contract will allow Burrtec to properly serve the Montclair community according to SB 1383 regulations. These new definitions are in line with Ordinance 22–1001, adopted by City Council on May 16, 2022.
Collection System
The proposed amendment includes updates to the collection system as it relates to SB 1383, which includes the addition of food waste collection for both commercial and residential customers. Residential customers are to place food waste in sealed plastic bags and put the bagged food waste in the City provided green container. Commercial customers will be provided brown containers for food waste collection.
Regulatory Compliance
The proposed amendment would allow Burrtec to provide all customers required to participate in a Recyclable Materials Diversion Program and Organic Materials Diversion Program with a service program that is compliant with SB 1383 requirements.
Carts
The proposed amendment sets the requirements for the design, size and color of residential carts as set forth in SB 1383.
Warning Notices
The proposed amendment puts in place a notification system to residents who are not in compliance with SB 1383 regulations. Burrtec will conduct random route reviews to confirm that residents and businesses are in compliance with SB 1383 regulations.
SB 1383 Education and Outreach
Burrtec will create all education materials and conduct all education programs and activities in accordance with SB 1383 regulations. Burrtec will maintain a list of Food Recovery Organizations and Food Recovery Services and post the list to their website as well as share that information with the City and Commercial Edible Food Generators.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 237 of 286 Rate Increase
The amendment to Agreement No. 18–26 also incorporates an amendment to Attachment “F” – Rate Schedule.
Agreement No. 18–26 between the City and Burrtec provides for annual adjustment of refuse service rates by a percentage increase not to exceed the All Cities Consumer Price Index (CPI) for the Los Angeles–Riverside–Orange County Area, AII–Items Indexes, All Urban Consumers for the previous 12 months ending in January.
Residential Rate Increase
Burrtec last requested and received a residential refuse service rate adjustment effective July 1, 2019. Due to the COVID–19 Pandemic there have been no residential or commercial refuse service rate increases since July 1, 2019 – 3.5 years ago.
Burrtec is now requesting an adjustment to the residential and commercial refuse rates with an effective date of January 1, 2023. The proposed adjustment stems from two components: (1) an increase in refuse service costs related to CPI adjustments since July 2019, and (2) the increased costs for providing services related to SB 1383 regulations.
Residential Refuse Rate: Five–Year Schedule of Maximum Rate Caps Table 1, on the following page, reflects the maximum refuse rates established through the Proposition 218 process that can be assessed to residential rate payers over the course of the five–year rate period that runs from July 1, 2019 through July 1, 2023, as approved by Resolution No. 19–3246. At no time during each of the annual rate periods can refuse rates exceed the applicable maximum Proposition 218–monthly–rate–cap for the effective year. If a proposed refuse rate increase exceeds the effective maximum monthly rate cap for the applicable year, it would either be denied or a new Proposition 218 public hearing would be required. Maximum residential refuse rate caps established through the Proposition 218 process are based on a five percent per annum adjustment.
Maximum residential refuse rate caps approved through the Proposition 218 process are not an indication of actual monthly residential refuse rates charged to the residents of the City.
Table 1
Maximum Monthly Residential Refuse Rate Caps
Service Current
Rate
Effective July 1
2019 2020 2021 2022 2023
Monthly Residential Refuse Rate $31.84 $31.84 $33.43 $35.10 $36.86 $38.70 Extra Barrel – Refuse $6.22 $6.22 $6.53 $6.86 $7.20 $7.56 Extra Barrel – Recycling $1.41 $1.41 $1.48 $1.55 $1.63 $1.71 Extra Barrel – Green Waste $3.96 $3.96 $4.16 $4.37 $4.59 $4.82 Extra Pick–Up – Res. Barrel $16.17 $16.17 $16.98 $17.83 $18.72 $19.66 Bin 1.5/ Frequency 1 $123.57 $123.57 $129.75 $136.24 $143.05 $150.20 Bin 1.5 Recycling (Extra) $77.50 $77.50 $81.38 $85.45 $89.72 $94.21 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 238 of 286 Proposed Residential Refuse Rates Effective January 1, 2023 Burrtec is requesting a residential refuse rate adjustment, pursuant to Agreement No. 18–26, with an effective date of January 1, 2023.
Following is a discussion of components that constitute the monthly residential refuse rate and proposed cost adjustments for each rate component:
Refuse Service Rate: The refuse service rate represents that portion of the rate paid to Burrtec for collecting and transporting refuse to the Materials Recovery Facility (MRF). The City's Agreement with Burrtec allows the refuse service rate to be adjusted each year by the CPI, not to exceed 5 percent annually. Burrtec is requesting a service rate adjustment of $0.67, from $12.06 to $12.73. Landfill Rate: The landfill rate represents a pass–through of actual transportation and tipping fees paid by Burrtec. Currently, refuse generated in Montclair is transported from Burrtec's MRF in Fontana to several landfills within Burrtec's network of landfill disposal sites throughout Southern California. Burrtec is requesting a $1.30 adjustment in the landfill rate from $5.27 to $6.57. Recycling Service Rate: The recycling service rate represents the cost of collecting and transporting recyclables to the MRF. A recycling service rate adjustment of $0.21, from $3.76 to $3.97, is proposed.
Materials Recovery Facility Fee: The MRF component is affected by (1) the volume of recyclables processed; (2) the amount of refuse (contamination) found in the recyclables; and (3) the market value of recycled commodities over the preceding 12 months. Burrtec is proposing a processing fee reduction of $0.63 from $1.46 to $0.83, which is the result of the sales of recyclable materials exceeding the cost of processing.
Greenwaste Disposal: The Greenwaste Disposal Fee represents a pass–through of actual transportation and tipping fees paid by Burrtec. The Greenwaste Disposal Fee has increased from $50.95 per ton to $80.00 per ton. Adjustments to this rate component are typically tied to changes in fuel prices and tipping fees, adjusted and offset by changes in commodity volume. As a result of the increased disposal fee a green waste disposal rate adjustment of $1.08, from $2.25 to $3.33, is proposed.
Household Hazardous Waste Fee: The City is in the 26th year of an agreement with the County of San Bernardino to provide household hazardous waste disposal facilities.
Disposal facilities are located at the following locations:
o 5050 Schaefer Avenue, Chino
o 1408 East Francis Street, Ontario
o 1370 North Benson Avenue, Upland
Montclair residents may dispose of hazardous waste at no charge at the time of disposal, and are annually assessed approximately $5.40 per household ($0.45 monthly) for this service. The Household Hazardous Waste Fee is based on the actual cost charged to the City by San Bernardino County, and is intended as a pass– through cost to each ratepayer. A rate adjustment of $0.10, from $0.45 to $0.55, is proposed.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 239 of 286 General Sanitation Fee: The general sanitation fee is a rate component assessed to residential ratepayers to reimburse to the City a portion of costs related to general community maintenance issues including graffiti abatement, alleyway maintenance, illegal dumping, property cleanup, and sanitation services. Since adoption of the General Sanitation Fee in 2011, the service charge has remained below the actual/estimated cost of service. The current monthly assessment per household is $2.82. There is no adjustment in the General Sanitation Fee component.
Administrative Fee: The Administrative Fee is a charge imposed by the City to reimburse for the cost of administering the refuse service program—the current fee is $3.99 per month. Service charges should approximate the actual/estimated cost of service. There is no adjustment in the Administrative Fee component.
Table 2, on the following page, identifies cost components of Montclair's Total Monthly Household Refuse Rate, including current and proposed rates. Table 2 also indicates that adoption of proposed Resolution No. 22–3393 would increase the Total Monthly Household Refuse Rate from $31.84 to $37.64, an increase of $5.80. Averaged over the
3.5 years since the last rate adjustment, the adjustment represents an increase of approximately $1.94 per year. Senior households would continue to be charged a refuse rate that is 20 percent below the monthly refuse fee for non–senior households—the monthly senior household rate would increase from $25.47 to $30.11, an increase of $4.64. Similarly, when averaged over the 3.5 years since the last rate adjustment, the adjustment represents an increase of approximately $1.55 per year.
Table 2
Total Monthly Household Refuse Rate Components
Current and Proposed Residential Refuse Rates
Fee Components Current Proposed
Refuse service rate $ 12.06 $ 12.73
Recycling service rate $ 3.76 $ 3.97
Refuse landfill/Transfer rate $ 5.27 $ 6.57
MRF fees $ 1.46 $ 0.83
Greenwaste disposal rate $ 2.25 $ 3.33
Stabilization fee from 2020 $ (0.22) $ 0.00
Catch–up fee 2022 Increase Delayed to 1/1/23 $ 0.00 $ 2.85 Total cost of services – paid to Burrtec $ 24.58 $ 30.28 General sanitation fee $ 2.82 $ 2.82
Administrative fee $ 3.99 $ 3.99
Household Hazardous Waste fee $ 0.45 $ 0.55
Total monthly cost to provide refuse collection $ 31.84 $ 37.64 TOTAL MONTHLY HOUSEHOLD RATE $ 31.84 $ 37.64
TOTAL MONTHLY SENIOR HOUSEHOLD RATE $ 25.47 $ 30.11
Monthly City subsidy per senior household $ 6.37 $ 7.53 Miscellaneous:
Extra Cart:
Refuse $ 6.22 $ 6.56
Recycling $ 1.41 $ 1.48
Greenwaste $ 3.96 $ 4.17
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 240 of 286 As demonstrated above, the monthly refuse rate to users is composed of two components. The first component is the cost of providing basic collection and processing services paid to Burrtec. The second component covers the various amounts collected by the City to provide funding for sanitation services (graffiti abatement, alleyway maintenance, illegal dumping, property cleanup, and sanitation services), an administrative fee for the cost of administering the refuse service program, and a household hazardous waste fee which is the amount the County of San Bernardino charges the City for providing disposal facilities.
Proposed Commercial Rate Increase – Effective January 1, 2023 Burrtec last requested and received a commercial refuse service rate adjustment in July 2019. Burrtec is requesting a rate adjustment, with an effective date of January 1, 2023.
This proposed adjustment stems from two components: (1) an increase in service costs related to CPI adjustments since July 2019, and (2) the remainder of the increase attributed to increased costs related to SB 1383.
Commercial Refuse Rate: Five–Year Schedule of Maximum Rate Caps Attachment 1 to this report reflects a comparison of the current and proposed commercial rates requested by Burrtec. Commercial refuse rates cannot exceed the applicable maximum Proposition 218 monthly rate caps previously established by the City Council. If a proposed commercial rate increase exceeds the effective maximum allowable monthly rate cap for the applicable year, it would either be denied or a new Proposition 218 public hearing would be required.
Maximum commercial refuse rate caps approved through the Proposition 218 process are not an indication of actual monthly commercial refuse rates. The City of Montclair typically does not increase commercial refuse rates on an annual basis, and adjustments, when they do occur, usually fall well below the maximum Proposition 218 rate cap for the applicable year and below authorized increases pursuant to Agreement No. 18–26.
Following is a discussion of components that constitute the monthly commercial refuse rate and proposed cost adjustments for each rate component. Service costs related to the provision of refuse services. Service costs are subject to annual CPI adjustments pursuant to Agreement No. 18–26. Burrtec is requesting a 5.45 percent total CPI adjustment for Commercial Rates, which is a combined adjustment covering a two year period.
Pass–through costs including a Greenwaste processing fee and/or the Landfill Disposal rate. This rate component is impacted by landfill charges and commodity prices. As proposed, the Disposal/Landfill rate for Commercial Bins and Roll–Offs will remain at $49.00 per ton and the Greenwaste rate is increasing from $50.95 per ton to $80.00 per ton.
Bulky item component. This is a new rate component to address the City–wide problem of unwanted bulky items left on City streets, alleyways, and commercial properties. As proposed, the Bulky Item rate for Commercial and Multifamily is $1.51 per yard. This rate will be shared by all businesses and residential property owners in the City.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 241 of 286 Frequency Factor. This component represents the number of times per week (or other designated period of days) that refuse is picked up for disposal. The frequency factor provides ratepayers with a graduating discount rate based on the number of times of service per week.
Bin Size. Bins are provided in the following sizes: 1.5 yards (0.3250 tons); 2.0 yards 0.4333 tons); 3.0 yards (0.6500 tons); 3.0 yards/greenwaste (1.3000 tons);
3.0 yards compacted (1.9500 tons); and 4.0 yards/compacted (2.600 tons).
Additionally, 95 and 65 gallon barrels are available. Bin/Barrel size, Disposal/ Landfill, and Greenwaste disposal rates determine the monthly cost for this component.
Franchise Fee. The franchise fee is an assessment against Burrtec for the exclusive right to be the primary solid waste hauler for the City of Montclair, and consists of a 10 percent fee of gross revenue derived from services to commercial, institutional, and industrial premises, exclusive of revenue from sale of recyclable materials and disposal tip fees. There is no increase in this fee component. Pavement Impact Fee. The pavement impact fee is an assessment against Burrtec to compensate the City for damage done to pavement caused by heavy refuse disposal trucks owned and operated by Burrtec and their frequent and regular use of City roads. This rate component consists of a 3.5 percent fee of gross revenue from services to commercial, institutional, and industrial premises, exclusive of revenue from sale of recyclable materials and disposal tip fees. There is no increase in this fee component.
Recycling Fee. The recycling fee is increasing from $2.60 per cubic yard to $3.14 per cubic yard. The new rate of $3.14 per cubic yard would result in a monthly fee of $40.82, based on a typical 3–Yard Bin Size, at a frequency rate of once per week. General Sanitation Fee. The General Sanitation Fee remains at $0.40 per yard, and is multiplied by the collection frequency per month for commercial refuse accounts.
The General Sanitation Fee for commercial refuse accounts is designed to contribute toward the cost of general community maintenance issues including graffiti abatement, alleyway maintenance, illegal dumping, property cleanup, and sanitation services.
Adjusting the rate for commercial refuse service, as proposed, would allow the City to meet its contractual obligations with Burrtec to apply CPI–related increases to commercial refuse rates. As proposed, adjusting the various commercial rate components would not exceed respective, maximum Proposition 218 rate caps for 2018.
FISCAL IMPACT: Under proposed Agreement No. 22–121, Burrtec seeks several modifications including, but not limited to, addition of certain definitions, updates to the collection system, regulatory compliance, and SB 1383 Education and Outreach. These modifications will have some modest fiscal impacts on the rates that consumers pay for the disposal and processing of refuse and recyclable material; however, the modifications would have no impact on the General Fund.
Residential Refuse Rates
The City’s General Fund collects for, and pays to, Burrtec fees for residential refuse services. Burrtec is requesting a rate increase to the residential refuse rate, effective January 1, 2023. The General Fund supports the residential refuse program. If the City MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 242 of 286 Council elected to not pass on the proposed rate adjustment to ratepayers, the City would be obligated to cover the cost increase, estimated to be approximately $283,900 annually, through the General Fund. There is a recommended $0.10 adjustment to the Household Hazardous Waste City component of the total residential refuse rate.
Commercial Refuse Rates
Burrtec collects for, and administers all commercial accounts and utilizes collected funds to operate the commercial refuse services program. If the City Council elected to not pass on the requested commercial refuse rate adjustment to ratepayers, the City would be obligated to cover the cost increase through the General Fund. The total value of the cost increase is driven by use of services and is, therefore, unknown, but is estimated to be approximately $150,000 annually. Passing on proposed commercial rate adjustments to commercial account holders will have no direct impact on the City's General Fund. There are no recommended adjustments to the City’s components of the total commercial refuse rate.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 22–3393 amending the fee schedule for the collection and disposal of residential and commercial refuse; and
2. Approve Agreement No. 22–121 amending Agreement No. 18–26 with Burrtec Waste Industries, Inc., for Solid Waste Management Services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 243 of 286 Attachment 1
Service/Size/Pickup
Current Fee
July 1, 2019
Effective
January 1,
2023 Service/Size/Pickup
Current Fee
July 1, 2019
Effective
January 1,
2023
Residential Bin 1.5/Frequency 1 123.56 $ 148.59$
Bin 2.0/Frequency 1 $ 253.69 285.47$
Bin 1.5/Frequency 1 $ 134.46 161.99$ Bin 2.0/Frequency 2 $ 463.15 520.16$ Bin 1.5/Frequency 2 $ 255.69 307.22$ Bin 2.0/Frequency 3 $ 658.42 738.48$ Bin 1.5/Frequency 3 $ 376.30 452.16$ Bin 2.0/Frequency 4 $ 854.97 958.32$ Bin 2.0/Frequency 1 $ 159.49 192.40$ Bin 2.0/Frequency 5 1,078.78 $ 1,209.44$ Bin 2.0/Frequency 2 $ 300.58 358.38$ Bin 2.0/Frequency 6 1,245.98 $ 1,395.61$ Bin 2.0/Frequency 3 $ 440.89 525.08$
Bin 3.0/Frequency 1 $ 228.60 275.00$ 35 Gal/Frequency 1 N/A 53.21$ Bin 3.0/Frequency 2 $ 408.55 484.08$ 35 Gal/Frequency 2 N/A 93.98$ Bin 3.0/Frequency 3 $ 587.63 694.12$ 35 Gal/Frequency 3 N/A 130.72$ Bin 3.0/Frequency 4 $ 765.98 903.77$ 35 Gal/Frequency 4 N/A 167.80$ Bin 3.0/Frequency 5 $ 1,113.77$ 945.03 35 Gal/Frequency 5 N/A 212.63$ Bin 3.0/Frequency 6 $ 1,124.06 1,323.78$ 35 Gal/Frequency 6 N/A 241.43$ 65 Gal/Frequency 1 $ 68.97 78.69$
Bin 1.5/Frequency 1 $ 127.70 155.09$ 65 Gal/Frequency 2 $ 126.30 143.98$ Bin 1.5/Frequency 2 $ 239.74 292.09$ 65 Gal/Frequency 3 $ 179.87 204.94$ Bin 1.5/Frequency 3 $ 354.35 432.06$ 65 Gal/Frequency 4 $ 233.76 266.24$ Bin 1.5/Frequency 4 $ 462.07 555.16$ 65 Gal/Frequency 5 $ 294.86 335.87$ Bin 1.5/Frequency 5 $ 566.18 680.82$ 65 Gal/Frequency 6 $ 341.01 388.36$ Bin 1.5/Frequency 6 $ 670.29 806.61$
Bin 2.0/Frequency 1 $ 150.00 183.34$ Bin 3.0/Frequency 1 $ 184.12 212.02$ Bin 2.0/Frequency 2 $ 279.35 342.43$ Bin 3.0/Frequency 2 $ 315.06 362.64$ Bin 2.0/Frequency 3 $ 409.16 501.08$ Bin 3.0/Frequency 3 $ 446.06 513.32$ Bin 2.0/Frequency 4 $ 533.73 645.68$ Bin 3.0/Frequency 4 $ 577.01 663.91$ Bin 2.0/Frequency 5 $ 655.61 793.87$ Bin 3.0/Frequency 5 $ 707.95 814.58$ Bin 2.0/Frequency 6 $ 777.58 942.10$ Bin 3.0/Frequency 6 $ 838.93 965.20$ Bin 3.0/Frequency 1 $ 213.45 261.78$
Bin 3.0/Frequency 2 $ 376.82 460.08$ 95 Gal/Frequency 1 N/A 44.28$ Bin 3.0/Frequency 3 $ 539.83 657.78$ 95 Gal/Frequency 2 N/A 75.40$ Bin 3.0/Frequency 4 $ 702.69 855.65$ 95 Gal/Frequency 3 N/A 103.03$ Bin 3.0/Frequency 5 $ 1,053.44$ 865.50 95 Gal/Frequency 4 N/A 130.45$ Bin 3.0/Frequency 6 $ 1,029.04 1,251.69$ 95 Gal/Frequency 5 N/A 166.17$ 95 Gal/Frequency 6 N/A 185.84$
95 Gal/Frequency 1 $ 38.76 43.64$
95 Gal/Frequency 2 $ 67.57 74.39$ Bin 3.0/Frequency 1 $ 278.93 301.38$ 95 Gal/Frequency 3 $ 96.06 105.51$ Bin 3.0/Frequency 2 $ 505.06 541.95$ 95 Gal/Frequency 4 $ 124.50 136.61$ Bin 3.0/Frequency 3 $ 730.85 781.98$ 95 Gal/Frequency 5 $ 152.96 167.69$ Bin 3.0/Frequency 4 $ 956.59 1,021.88$ 95 Gal/Frequency 6 $ 181.43 198.79$ Bin 3.0/Frequency 5 1,182.38 $ 1,261.88$ Bin 3.0/Frequency 6 1,408.51 $ 1,502.45$
Bin 40/Frequency 6 $ 179.09 197.84$ Bin 4.0/Frequency 3 $ 970.60 1,038.07$ Bin 10/Frequency 8 $ 179.09 197.84$
Bin 20/Frequency 8 $ 179.09 197.84$ Bin 3.0/Frequency 7 $ 111.15 137.36$ Bin 40 Comp/Frequency 8 179.09 $ 197.84$
Bin 40/Frequency 6 $ 481.40 494.88$
Locking Container $ 6.82 7.87$ Bin 10/Frequency 8 $ 582.17 590.11$ Steam Cleaning (Compactors) 92.95 $ 107.36$ Bin 20/Frequency 8 $ 582.17 590.11$ Bulky Item Fee (each item) $ 12.39 14.30$ Bin 40 Comp/Frequency 8 582.17 $ 590.11$ Relocation Fee (Roll-Off) $ 92.95 107.36$
Tilthopper $ 26.94 31.10$ Bin 40/Frequency 6 $ 505.43 522.64$ Rental Fee (per day) $ 25.00 28.89$ Bin 10/Frequency 8 $ 614.21 627.10$ Bin 20/Frequency 8 $ 614.21 627.10$
Commercial Barrel $ 26.94 31.10$ Bin 40 Comp/Frequency 8 614.21 $ 627.10$ Commercial Trash Bin $ 44.90 51.85$
MultiFamily Trash Bin $ 47.61 54.67$ Bin 40/Frequency 6 $ 179.09 197.84$ Compact Trash Bin $ 108.51 124.65$ Bin 10/Frequency 8 $ 179.09 197.84$ Green Waste Bin $ 73.51 84.46$ Bin 20/Frequency 8 $ 179.09 197.84$ Food Waste Barrel $ 25.31 29.08$ Bin 40 Comp/Frequency 8 179.09 $ 197.84$ Food Waste Bin $ 93.55 107.48$
Current and Proposed Monthly Commercial Refuse Rates
Commercial Food Waste:
Commercial Recycling Roll-Off:
Commercial Extra Services:
Extra Pick-Up:
Commercial Recycling Roll-Off:
Commercial Temporary Roll Off:
Commercial Permanent Roll-Off:
Commercial Temporary:
Multifamily Commercial:
Commercial with Recycling:
Commercial with Recycling Barrels:
Commercial Compacted:
Commercial Greenwaste Barrels:
Commercial Greenwaste:
Commercial Food Waste Barrels:
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 244 of 286 Resolution No. 22–3393 Page 1 of 3
RESOLUTION NO. 22–3393
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR SETTING REFUSE RATES TO BE
EFFECTIVE JANUARY 1, 2023.
WHEREAS, Chapter 6.16 of the Montclair Municipal Code establishes a mandatory refuse collection program and a process for the collection of service fees related thereto; and
WHEREAS, the Montclair City Council last approved a refuse service rate adjustment in July 2019 with an effective date of July 1, 2019; and WHEREAS, Burrtec Waste Industries, Inc. (Burrtec), the City's solid waste hauler, is requesting and is authorized annual rate adjustments pursuant to the terms of the existing franchise agreement between the City and Burrtec; and WHEREAS, Household refuse rates have not increased since July 1, 2019 and presently Burrtec is requesting refuse service rate adjustment, effective January 1, 2023; and Commercial refuse rates were last adjusted July 1, 2019, and presently Burrtec is requesting Commercial refuse service rate adjustments for new services and increased costs to provide services.
WHEREAS, the Montclair City Council has examined the rate schedule and determined the refuse service rates hereinafter enumerated are fair, reasonable, and necessary and that such rates bear a reasonable relationship between cost and benefits.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby set forth the schedules of service rates for the collection and disposal of residential and commercial refuse as shown on attached Exhibits A and B.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3393 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 245 of 286 Resolution No. 22–3393 Page 2 of 3
Exhibit A
Total Monthly Household Refuse Rate Components
Current and Proposed Residential Refuse Rates
Fee Components Current Proposed
Refuse service rate $ 12.06 $ 12.73
Recycling service rate $ 3.76 $ 3.97
Refuse landfill/Transfer rate $ 5.27 $ 6.57
MRF fees $ 1.46 $ 0.83
Greenwaste disposal rate $ 2.25 $ 3.33
Stabilization fee from 2020 $ (0.22) $ 0.00
Catch-up fee 2022 Increase Delayed to 1/1/23 $ 0.00 $ 2.85 Total cost of services – paid to Burrtec $ 24.58 $ 30.28 General sanitation fee $ 2.82 $ 2.82
Administrative fee $ 3.99 $ 3.99
Household Hazardous Waste fee $ 0.45 $ 0.55
Total monthly cost to provide refuse collection $ 31.84 $ 37.64 TOTAL MONTHLY HOUSEHOLD RATE $ 31.84 $ 37.64
TOTAL MONTHLY SENIOR HOUSEHOLD RATE $ 25.47 $ 30.11
Monthly City subsidy per senior household $ 6.37 $ 7.53 Miscellaneous:
Extra Cart:
Refuse $ 6.22 $ 6.56
Recycling $ 1.41 $ 1.48
Greenwaste $ 3.96 $ 4.17
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 246 of 286 Resolution No. 22–3393 Page 3 of 3
Exhibit B
E
Service/Size/Pickup
Current Fee
July 1, 2019
Effective
January 1,
2023 Service/Size/Pickup
Current Fee
July 1, 2019
Effective
January 1,
2023
Residential Bin 1.5/Frequency 1 123.56 $ 148.59$
Bin 2.0/Frequency 1 253.69 $ 285.47$
Bin 1.5/Frequency 1 134.46 $ 161.99 $ Bin 2.0/Frequency 2 463.15 $ 520.16$ Bin 1.5/Frequency 2 255.69 $ 307.22 $ Bin 2.0/Frequency 3 658.42 $ 738.48$ Bin 1.5/Frequency 3 376.30 $ 452.16 $ Bin 2.0/Frequency 4 854.97 $ 958.32$ Bin 2.0/Frequency 1 159.49 $ 192.40 $ Bin 2.0/Frequency 5 1,078.78 $ 1,209.44 $ Bin 2.0/Frequency 2 300.58 $ 358.38 $ Bin 2.0/Frequency 6 1,245.98 $ 1,395.61 $ Bin 2.0/Frequency 3 440.89 $ 525.08$
Bin 3.0/Frequency 1 228.60 $ 275.00 $ 35 Gal/Frequency 1 N/A 53.21 $ Bin 3.0/Frequency 2 408.55 $ 484.08 $ 35 Gal/Frequency 2 N/A 93.98 $ Bin 3.0/Frequency 3 587.63 $ 694.12 $ 35 Gal/Frequency 3 N/A 130.72$ Bin 3.0/Frequency 4 765.98 $ 903.77 $ 35 Gal/Frequency 4 N/A 167.80$ Bin 3.0/Frequency 5 945.03 $ 1,113.77 $ 35 Gal/Frequency 5 N/A 212.63$ Bin 3.0/Frequency 6 1,124.06 $ 1,323.78 $ 35 Gal/Frequency 6 N/A 241.43$ 65 Gal/Frequency 1 $ 68.97 $ 78.69
Bin 1.5/Frequency 1 $ 127.70 155.09$ 65 Gal/Frequency 2 $ 126.30 143.98$ Bin 1.5/Frequency 2 $ 239.74 292.09$ 65 Gal/Frequency 3 $ 179.87 204.94$ Bin 1.5/Frequency 3 $ 354.35 432.06$ 65 Gal/Frequency 4 $ 233.76 266.24$ Bin 1.5/Frequency 4 $ 462.07 555.16$ 65 Gal/Frequency 5 $ 294.86 335.87$ Bin 1.5/Frequency 5 $ 566.18 680.82$ 65 Gal/Frequency 6 $ 341.01 388.36$ Bin 1.5/Frequency 6 $ 670.29 806.61$
Bin 2.0/Frequency 1 $ 150.00 $ 183.34 Bin 3.0/Frequency 1 $ 184.12 212.02$ Bin 2.0/Frequency 2 $ 279.35 $ 342.43 Bin 3.0/Frequency 2 $ 315.06 362.64$ Bin 2.0/Frequency 3 $ 409.16 $ 501.08 Bin 3.0/Frequency 3 $ 446.06 513.32$ Bin 2.0/Frequency 4 $ 533.73 $ 645.68 Bin 3.0/Frequency 4 $ 577.01 663.91$ Bin 2.0/Frequency 5 $ 655.61 $ 793.87 Bin 3.0/Frequency 5 $ 707.95 814.58$ Bin 2.0/Frequency 6 $ 777.58 $ 942.10 Bin 3.0/Frequency 6 $ 838.93 965.20$ Bin 3.0/Frequency 1 $ 213.45 261.78$
Bin 3.0/Frequency 2 $ 376.82 $ 460.08 95 Gal/Frequency 1 N/A $ 44.28 Bin 3.0/Frequency 3 $ 539.83 $ 657.78 95 Gal/Frequency 2 N/A $ 75.40 Bin 3.0/Frequency 4 $ 702.69 $ 855.65 95 Gal/Frequency 3 N/A 103.03$ Bin 3.0/Frequency 5 $ 1,053.44 865.50 $ 95 Gal/Frequency 4 N/A 130.45$ Bin 3.0/Frequency 6 $ 1,029.04 $ 1,251.69 95 Gal/Frequency 5 N/A 166.17$ 95 Gal/Frequency 6 N/A 185.84$
95 Gal/Frequency 1 $ 38.76 43.64$
95 Gal/Frequency 2 $ 67.57 $ 74.39 Bin 3.0/Frequency 1 $ 278.93 301.38$ 95 Gal/Frequency 3 $ 105.51 96.06 $ Bin 3.0/Frequency 2 $ 505.06 541.95$ 95 Gal/Frequency 4 $ 124.50 $ 136.61 Bin 3.0/Frequency 3 $ 730.85 781.98$ 95 Gal/Frequency 5 $ 152.96 $ 167.69 Bin 3.0/Frequency 4 $ 956.59 $ 1,021.88 95 Gal/Frequency 6 $ 181.43 $ 198.79 Bin 3.0/Frequency 5 1,182.38 $ $ 1,261.88 Bin 3.0/Frequency 6 1,408.51 $ $ 1,502.45
Bin 40/Frequency 6 $ 179.09 $ 197.84 Bin 4.0/Frequency 3 $ 970.60 $ 1,038.07 Bin 10/Frequency 8 $ 179.09 197.84$
Bin 20/Frequency 8 $ 179.09 $ 197.84 Bin 3.0/Frequency 7 $ 111.15 137.36$ Bin 40 Comp/Frequency 8 179.09 $ 197.84$
Bin 40/Frequency 6 $ 481.40 494.88$
Locking Container $ 6.82 $ 7.87 Bin 10/Frequency 8 $ 582.17 590.11$ Steam Cleaning (Compactors) 92.95 $ 107.36 $ Bin 20/Frequency 8 $ 582.17 590.11$ Bulky Item Fee (each item) $ 12.39 $ Bin 40 Comp/Frequency 8 582.17 14.30 $ 590.11$ Relocation Fee (Roll-Off) $ 107.36$ 92.95
Tilthopper $ 26.94 $ 31.10 Bin 40/Frequency 6 $ 505.43 522.64$ Rental Fee (per day) $ 25.00 $ 28.89 Bin 10/Frequency 8 $ 614.21 627.10$ Bin 20/Frequency 8 $ 614.21 627.10$
Commercial Barrel $ 26.94 $ Bin 40 Comp/Frequency 8 614.21 31.10 $ 627.10$ Commercial Trash Bin $ 44.90 51.85$
MultiFamily Trash Bin $ 47.61 $ 54.67 Bin 40/Frequency 6 $ 179.09 197.84$ Compact Trash Bin $ 108.51 $ 124.65 Bin 10/Frequency 8 $ 179.09 197.84$ Green Waste Bin $ 73.51 $ 84.46 Bin 20/Frequency 8 $ 179.09 197.84$ Food Waste Barrel $ 25.31 $ Bin 40 Comp/Frequency 8 179.09 29.08 $ 197.84$ Food Waste Bin $ 107.48$ 93.55
Commercial Recycling Roll-Off:
Commercial Temporary Roll Off:
Commercial Permanent Roll-Off:
Commercial Temporary:
Multifamily Commercial:
Commercial with Recycling:
Commercial with Recycling Barrels:
Commercial Compacted:
Commercial Greenwaste Barrels:
Commercial Greenwaste:
Commercial Food Waste Barrels:
Current and Proposed Monthly Commercial Refuse Rates
Commercial Food Waste:
Commercial Recycling Roll-Off:
Commercial Extra Services:
Extra Pick-Up:
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 247 of 286 AGREEMENT NO. 22-121
FIRST AMENDMENT TO SOLID WASTE MANAGEMENT
SERVICES AGREEMENT NO. 18-26 BETWEEN THE
CITY OF MONTCLAIR AND BURRTEC WASTE INDUSTRIES, INC.
THIS FIRST AMENDMENT TO SOLID WASTE MANAGEMENT SERVICES AGREEMENT NO. 18-26 BETWEEN THE CITY OF MONTCLAIR AND BURRTEC WASTE INDUSTRIES, INC. (the “First Amendment”) is entered into this day of , 2022, by and between the CITY OF MONTCLAIR, a California municipal corporation (“City”) and BURRTEC WASTE INDUSTRIES, INC., a California corporation (the “Contractor”).
RECITALS
A. City and Contractor previously entered into that certain Solid Waste Management Services Agreement between the City of Montclair and Burrtec Waste Industries, Inc., dated May 21, 2018 (the “Agreement”).
B. Contractor owns, manages, operates, or contracts with various transfer stations, materials recovery facilities, and sanitary landfills for the disposal of municipal solid waste.
C. City and Contractor desire to amend the Agreement as set forth herein to provide more predictable and reliable long-term disposal service and the continuation of sound environmental management.
NOW THEREFORE, for valuable consideration, the parties hereto agree as follows:
1. Amendment to Attachment “A.” Attachment “A” Definition of Terms is hereby amended to include the following:
“Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Black Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Black Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of Black Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Black Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 248 of 286 AGREEMENT NO. 22-121
“Black Container Waste” means Solid Waste that is collected in a Black Container that is part of the City’s three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Black Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, Black Container Waste includes carpets and textiles. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and Collection of Source Separated Recyclable Materials Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
“Brown Container” has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used only for the purpose of storage and collection of Source Separated Food Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Food Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(5.5) shall be deemed to be Brown Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR refers to Title 14 of the CCR).
“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City and others.
“Commercial Edible Food Generators” includes a Tier One or Tier Two Commercial Edible Food Generator, as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 249 of 286 AGREEMENT NO. 22-121
“Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal solid waste stream, as specified in 14 CCR Section 17896.2(a)(4).
“Diversion (or any variation thereof including “Divert”)” means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.
“Edible Food” means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this agreement or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s Enforcement Official’s or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code.
“Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 250 of 286 AGREEMENT NO. 22-121
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this agreement and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this agreement and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, grease, and liquids, including, but not limited to broth and beverages, when such materials are Source Separated from other Food Scraps
“Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. “Food Waste” means all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells Food Waste excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Waste. Food Waste is a subset of Source Separated Green Container Organic Waste. Edible Food separated for Food Recovery shall not be considered Food Waste.
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Gray Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Gray Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
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“Gray Container Waste” means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste.
Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022, that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“Landscape Waste” means tree and shrubbery trimmings, vegetation from land clearing, grass cuttings, leaves, garden organic materials, sawdust, straw, wood chips and other discarded plant or vegetation material.
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38). “Large Venue” unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this agreement and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
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“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of the City’s regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40).
“Multi-Family Residential Dwelling(s)” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the jurisdictional boundaries of the City;
2. Federal facilities, including military installations, located within the jurisdictional boundaries of the City;
3. Prison(s) located within the jurisdictional boundaries of the City;
4. Facilities operated by the State Park system located within the jurisdictional boundaries of the City;
5. Public universities (including community colleges) located within the jurisdictional boundaries of the City;
6. County fairgrounds located within the jurisdictional boundaries of the City; and
7. State agencies located within the jurisdictional boundaries of the City.
“Non-Organic Recyclables” means non-putrescible and nonhazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).
“Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
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“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).
Biosolids and digestate are as defined in 14 CCR Section 18982(a). “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
“Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
“Prohibited Container Contaminants” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:
1. Discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated
Recyclable Materials for the Blue Container;
2. Discarded materials placed in the Brown Container that are not identified as acceptable Food Waste for the City’s Brown Container;
3. Discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container,
including carpet, hazardous wood waste and NonCompostable Paper;
4. Discarded materials placed in the Black Container that are identified by the City as acceptable Source Separated
Recyclable Materials to be placed in the Blue Container or Source Separated Organic Waste to be placed in the City’s Green and/or Brown Container; and,
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5. Excluded Waste placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. “Recycled-Content Paper” means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).
“Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants.
“SB 1383 Regulations” or “SB 1383 Regulatory” means the ShortLived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
“Self-Hauler” or “Self-Haul” means a person, who, in compliance with all applicable requirements of the City Code, hauls Solid Waste, Organic Waste or recyclable material he or she has generated directly to the appropriate facility, as required by SB 1383 Regulations. Self-hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
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“Service Level” refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141;
2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and,
3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this agreement, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 256 of 286 AGREEMENT NO. 22-121
from Black Container Waste, Gray Container Waste or other Solid Waste for the purposes of collection and processing of those materials. “Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non-Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products, Printing and Writing Papers, unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste and Food Waste.
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. For purposes of Single-Family Generators, Source Separated Green Container Organic Waste includes Food Waste. For purposes of Commercial Businesses, including Multi-Family Residential Dwellings, Source Separated Green Container Organic Waste excludes Food Waste. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
“Standard Compliance Approach” means the method for complying with the SB 1383 Regulations through implementation of a collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements.
“State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982(a)(73):
1. Supermarket;
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet;
3. Food Service Provider;
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4. Food Distributor; or,
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982(a)(74):
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
2. Hotel with an on-site food facility and 200 or more rooms;
3. Health facility with an on-site food facility and 100 or more beds;
4. Large Venue;
5. Large Event;
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or,
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.
“Uncontainerized Service” means the seasonal collection of Landscape Waste that is bundled for collection on the street in front of a Generator’s house for collection and transport by a permitted hauler to a facility that recovers Source Separated Organic Waste; or, as otherwise defined in 14 CCR Section 189852(a)(75).
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76).
Definitions otherwise contained in the Agreement and/or any previous amendment(s), which are addressed above, shall be deemed repealed and MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 258 of 286 AGREEMENT NO. 22-121
replaced with the definitions found here. Definitions otherwise contained in the Agreement and/or any previous amendment(s), but which are not addressed above, shall remain the same.
2. Addition of Article 5.01.08 SB 1383 Compliance:
Collection System
General. Contractor shall provide an approved Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Source Separated Brown Container Food Waste, and Black Container Waste as specified in this Agreement, using Containers that comply with the requirements of this Agreement and SB 1383 Regulations. Contractor shall not knowingly Collect Blue, Brown, Green, or Black Containers that include Prohibited Container Contaminants. For the purposes of this agreement, Black Container shall have the same meaning as Gray Container and Black Container Waste shall have the same meaning as Gray Container Waste.
Use of Plastic Bags for Source Separated Green Container Organic Waste Collection. Contractor may require customers and generators to place food waste in plastic bags or other paper wrappings and put the bagged or wrapped food waste in the green container. Contractor shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383 regulations, and that the facility can process and remove plastic bags when it recovers source separated green container organic waste. Contractor shall provide annual written notification to the City that the facility has and will continue to have the capabilities to process and remove plastic bags when it recovers source separated green container organic waste.
Source Separated Recyclable Materials Collection (Blue Container).
Contractor shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service, Contractor shall Transport the Source Separated Recyclable Materials to Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with SB 1383 Regulations.
Source Separated Food Waste Collection (Brown Container). Contractor shall provide Brown Containers to Customers for Collection of Source Separated Food Waste and shall provide Source Separated Food Waste Collection service, Contractor shall Transport the Source Separated Food Waste to Facility that recovers the materials designated for Collection in the Brown Containers, in accordance with SB 1383 Regulations.
Source Separated Green Container Organic Waste Collection (Green Container). Contractor shall provide Green Containers to Customers for MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 259 of 286 AGREEMENT NO. 22-121
Collection of Source Separated Organic Waste and shall provide Source Separated Organic Waste Collection service, Contractor shall Transport the Source Separated Organic Waste to Facility that recovers the materials designated for Collection in the Green Containers, in accordance with SB 1383 Regulations.
Compostable Plastics. Contractor may Collect compliant Compostable Plastics, as defined, in the Green Containers for Processing. If the Contractor elects to Collect Compostable Plastics in the Green Container, then Contractor shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics, then Contractor will not Collect Compostable Plastics in the Green Container.
Black Container Waste Collection. Contractor shall provide Black Containers to Customers for Collection of Black Container Waste and shall provide Black Container Waste Collection service. Contractor shall Transport the Black Container Waste to a Facility in accordance with the SB 1383 Regulations. Contractor may allow carpets and textiles to be placed in the Black Containers. Prohibited Container Contaminants shall not be Collected in the Black Containers.
Container Labeling Requirements. In an amount not less than the quantity specified in the calculations used to determine the Compliance Fee as set forth in Exhibit 5(D), Compliance Fee Components, Contractor shall place a label on the body or lid of each Container that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container. Labels shall clearly indicate primary items that are Prohibited Container Contaminants for each Container.
Contractor is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of SB 1383 prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
Regulatory Compliance
Contractor shall provide all Customers required to participate in a Recyclable Materials Diversion program with a program(s) compliant with State and CalRecycle mandatory Commercial and Multi-Family Recycling requirements under AB 341 and SB 1383.
Contractor shall provide all Customers required to participate in an Organic Materials Diversion program with a program(s) compliant with State and CalRecycle mandatory Organics Recycling requirements under AB 1826 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 260 of 286 AGREEMENT NO. 22-121
and SB 1383 and subject to all other terms and conditions of this Agreement. In the event Contractor believes its compliance with the requirements of AB 1826 and SB 1383 requires, or can be accomplished through, alternative methods or procedures, not specified in or otherwise permitted by this Agreement, City shall meet and confer with Contractor regarding whether Contractor can or should be allowed to use such alternative methods or procedures.
Green Waste and Manure Collection for Cart Refuse Customers Contractor shall have an Organic Waste Recycling program whereby it, at a minimum, Collects the types of Organic Waste authorized for collection in the Green Container and/or Brown Container. Horse stable matter, and livestock manure are also acceptable materials to be placed in Single Family Dwelling Green Containers.
Contractor shall provide all Residential Single Family Dwelling Customers receiving Cart Refuse Collection, with a ninety-five (95) gallon Cart for Collection of Organic Waste and manure (“Source Separated Green Container Organic Waste”). Contractor shall Collect all Source Separated Green Container Organic Waste and manure placed in Green Carts and put out for Collection by Customers not less than once per week on the same day as Refuse Collection. Green Cart Customers shall be instructed to place the Cart(s) in the same location as Refuse Carts. Following Collection, Contractor shall relocate Carts when necessary, and return them to their original position.
Contractor shall only be obligated to Collect additional seasonal, Uncontainerized Green Waste set out for Collection by Customers up to two (2) times per year, if it is tied, bundled and placed beside Green Waste Cart(s), and a maximum of four (4) feet long and eighteen (18) inches in diameter. Contractor may request Customer to call in unusually large Green Waste loads or bundled Green Waste in advance but will collect all material properly set out for collection. The Collection of Green Waste bundles under this Section is not considered a Bulky Item pickup.
Customers may request additional Carts for Organic Waste Collection for an additional charge per Cart per month in accordance with the Rate Schedule.
Carts
Cart Selection, Distribution and Exchanges
Contractor shall provide Residential Customers with Containers as specified in Sections: 6.02.010 and 6.16.020 of the Montclair Municipal Code.
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Residential Customers may each request one free Container exchange per calendar year. Commercial Customers may request one free Black, Blue, or Green Cart exchange per calendar year. One exchange includes all Cart size changes included in the same Customer request and may include changes made to any number of the Customer's Carts. If a second request is made in any calendar year, or a customer requests a Brown container exchange, Contractor may charge for each request, regardless of the number of Carts exchanged, in accordance with the Rate Schedule. This procedure shall be described in Contractor's public education materials.
Cart Design Requirements
Carts and Cart lids must meet color, size, uniformity, and quality requirements outlined it the City’s ordinance. City will not permit Carts and Cart lids with inconsistent colors or in poor condition to be used within the City at any time during the term of this Agreement, and may require Contractor to replace such Carts.
All Carts provided by Contractor utilized in the performance of this Agreement shall be manufactured by injection or rotational molding and meet the Cart design and performance requirements as specified below. All Carts selected shall be subject to City's approval prior to Contractor placing order for Carts.
Capacity
The Cart size, excluding lid capacity, may fall within the following range:
30 - 40 gallons
60 - 70 gallons
90- 101 gallons
The selected sizes must be consistent throughout City for a uniform appearance.
Cart Color and Appearance
The Refuse Carts shall be black, the Recycling Carts blue the Organic Waste Carts green, and source separated food waste carts Brown in color and consistent with SB 1383 regulations.
The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Color must be approved in advance by City. Cart colors shall be consistent throughout City.
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Bins
Cleaning. Contractor shall provide Customers with Bins required during the Term at no extra charge. Contractor shall maintain Bins in a clean, sound condition free from putrescible residue. All Bins in use shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and well painted. Wheels, forklift slots, and other apparatuses, which were designed for movement, loading, or unloading of the Bin shall be maintained in good repair.
Upon Customer or City request, or if required to maintain the Containers in a clean condition, Contractor shall clean all Bins for a fee in accordance with the Rate Schedule. When a Bin is removed for cleaning, Contractor shall replace the Bin, either temporarily or as a change-out, with another Container. Contractor shall remove graffiti from any Container within two (2) Working Days of request by City or Customer. Contractor is required to proactively look for graffiti when Collecting Bins, with all graffiti removed from Containers in no later than one (1) Working Day after any Collection without notification.
Bin Identification and Color. Each Bin placed within the City by Contractor shall have the name of Contractor and phone number high on the exterior of the Bin so as to be visible when the Bin is placed for use. Contractor shall label Bins with languages as required and graphic instruction on what materials should and should not be placed in each Bin. Contractor shall repaint Bins upon City's request if City deems it necessary to maintain a neat appearance. All Bins shall be painted a uniform color in accordance with SB 1383 requirements.
Warning Notice
Actions upon Identification of Prohibited Container Contaminants. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the protocols set forth in this Section.
Record Keeping. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a log or in the on-board computer system including date, time, Customer’s address, type of Container (Blue, Brown, Green, or Black Container); and maintain photographic evidence, when possible.
Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, Contractor shall provide the Customer a courtesy pick-up notice. The courtesy pick-up notification shall:
1. Inform the Customer of the observed presence of Prohibited Container Contaminants;
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2. Include the date and time the Prohibited Container
Contaminants were observed;
3. Include information on the Customer’s requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in the Blue Container, Brown Container, Green Container, and/or Black Container;
4. Inform the Customer of the courtesy pick-up of the
contaminated materials on this occasion with information that consecutive instances of Prohibited Container Contaminants, Contractor may assess recycling contamination fees; and,
5. Contractor may include photographic evidence.
Contractor shall leave the courtesy pick-up notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or, may deliver the notice by mail, e-mail, text message, or other electronic message.
Notice of Assessment of Contamination Fees. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container on more than one occasion within a six-month time period, and issued a courtesy pick-up notice on the first occasion, the Contractor may impose a contamination fee. The contamination fee will be automatically assessed if hazardous or biohazardous materials are placed in any collection container.
Contractor shall notify the City in its monthly report of Customers for which contamination fees were assessed. Contractor shall leave a contamination fee notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or, deliver the notice by mail, email, text message, or other electronic message. The contamination fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination fee on its next bill. The format of the warning and contamination fee notice shall be approved by the City.
Disposal of Contaminated Materials. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container(s), Contractor may Dispose of the Container’s contents, provided Contractor complies with the noticing requirements above.
Provision for Recovered Organic Waste Product
Contractor agrees to act as a direct service provider on behalf of the City.
Contractor shall coordinate and cooperate with the City in meeting its recovered Organic Waste product procurement target, as required by SB 1383 Regulations, 14 CCR Section 18993.1.
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Contractor shall continue to provide Recovered Organic Waste Products, at no cost to the City or residents, for community compost and mulch giveaway events, or use in community or school gardens. Quantity of free Recovered Organic Waste Products provided by Contractor shall not exceed 1,400 cubic yards per year.
Upon City direction, Contractor shall procure an annual quantity of Recovered Organic Waste Products in an amount not less than the quantity specified in the calculations used to determine the Compliance Fee.
1. Compliance Fee Components; in a quantity specified by the City for purchase with grant funds; or in a quantity specified by the City on behalf of the City’s contract landscapers, for use in City landscape areas. Recovered Organic Waste
Products shall comply with 14 CCR 18993.1(f).
Contractor shall “giveaway” procured material on behalf of the City.
Contractor is authorized to use procured materials to comply with this section and fulfill City requirements either requested or in the Agreement including but not limited to compost and mulch giveaways, for the community garden, for City parks, and used on City landscapes. Contractor shall keep the following records and make them available to the City upon request:
1. Dates provided
2. Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were
procured;
3. Type of product;
4. Quantity provided; and,
5. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.
SB 1383 Complaints
Contractor shall coordinate with the City and/or investigate any applicable complaints, if required by and in accordance with SB 1383 Regulations.
Contractor agrees to maintain a log of all applicable oral and written SB 1383 complaints received by Contractor from anonymous individuals, Customers or other Persons.
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SB 1383 Education and Outreach
Contractor shall, create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations and this section in an amount not less than the quantity specified in the calculations used to determine the Compliance Fee. Contractor shall cooperate and coordinate with the City on public education activities.
Contractor shall maintain a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on the Contractor’s City-specific website, share the list with the City if the City wants to post the list on additional City websites, and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:
1. Name and physical address;
2. Contact information;
3. Collection service area; and
4. An indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.
At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
1. Information about the City’s Edible Food Recovery program;
2. Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
3. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery
Services can be found; and
4. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
The Contractor may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 266 of 286 AGREEMENT NO. 22-121
Contractor shall comply with all applicable public education and outreach record keeping and reporting requirements as provided by SB 1383 and the SB 1383 Regulations.
Container Contamination Minimization
Contractor shall meet its SB 1383 Regulations contamination monitoring requirements in an amount not less than the quantity specified in the calculations used to determine the Compliance Fee, Compliance Fee Components. Commencing upon execution of this amendment, Contractor is required to use either Route Reviews or Waste Evaluations as outlined herein for each service sector (Residential, Multi-Family, Commercial, & Roll Off generators):
Route Reviews
If Contractor elects to perform Route Reviews, Contractor shall, conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Contractor; is approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed annually, and is consistent and in accordance with SB 1383 Regulations. Containers may be randomly selected along the Hauler Route.
This Section should not be construed to require that every container on a Hauler Route must be sampled annually. Contractor may prioritize the inspection of Customers that are more likely to be out of compliance.
Upon finding Prohibited Container Contaminants in the Container, Contractor shall follow the contamination monitoring noticing procedures Sections 6.17.120 and 6.17.130 of the Montclair Municipal Code.
Waste Evaluations. Alternatively, if Contractor elects to perform Waste Evaluations, Contractor shall, conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the waste evaluations.
1. Sampling Method, Study Protocols. The Contractor shall conduct waste evaluations for Prohibited Container
Contaminants by sampling the contents of Containers on
Hauler Routes in the following manner:
a. If using a Standard Compliance Approach, Contractor
shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR section
18984.5(c).
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 267 of 286 AGREEMENT NO. 22-121
b. The Contractor’s waste evaluations shall include
samples of Source Separated Recyclable Materials,
Source Separated Green Container Organic Waste,
Source Separated Food Waste, and Black Container
Waste.
c. The waste evaluations shall include samples from each Container type served by the Contractor and shall
include samples taken from different areas in the City
that are representative of the City’s waste stream.
d. The waste evaluations shall include at least the
minimum number of samples specified in SB 1383
Regulations.
e. The Contractor shall Transport all of the material
Collected for sampling to a sorting area at a permitted solid waste Facility where the presence of Prohibited
Container Contaminants for each Container type shall
be measured to determine the ratio of Prohibited
Container Contaminants present in each material
stream by weight. To determine the ratio of Prohibited
Container Contaminants, the Contractor shall use
protocols established in accordance with SB 1383
regulations.
Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall complete one of the following:
1. Within fifteen (15) working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The Contractor may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the City; or
2. Perform a targeted route review of containers on the routes sampled for waste evaluations to determine the sources of contamination and notify those generators of their obligation to properly separate materials. Contractor may prioritize the inspection of Customers that are more likely to be out of compliance. Upon finding Prohibited Container Contaminants in the Container, Contractor shall follow the contamination monitoring noticing procedures in Section 4.14.2 Warning Notices.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 268 of 286 AGREEMENT NO. 22-121
Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Black Container Waste.
Recordkeeping Requirements. Contractor shall maintain all applicable records required under SB 1383 Regulations, and report to the City on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.
Alternative Compliance. Nothing in this section shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.
Generator Waiver Program Coordination
General. In accordance with SB 1383 Regulations, the City may grant waivers to Generators that impact the scope of Contractor’s provision of service for those Customers. Waivers issued shall be subject to compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11.
Requests Submitted to Contractor. Generators may submit requests for waivers to the Contractor. Contractor shall review the Generator’s waiver application and inspect the Generator’s Premises to verify the accuracy of the application. Contractor shall provide documentation of the inspection, including the Contractor’s recommendation to approve or deny the waiver request to the City for the City’s review and approval. The City ultimately retains the right to approve or deny any application, regardless of the Contractor’s recommendation. Contractor shall report information regarding waivers reviewed to the City.
Contractor Change in Customers’ Service Levels. When the City grants a waiver to a Generator, the City shall notify the Contractor within ten (10) business days of the waiver approval with information on the Customer and any changes to the Service Level or Collection service requirements for the Customer. Contractor shall have five (5) business days to modify the Customer’s Service Level and billing statement, as needed.
Reverification of Waivers. Contractor shall conduct such reverifications of waivers through inspection of each Generator’s Premises and review of applicable records at least once every five (5) years from the date of issue for de minimis and physical space constraint waivers. Contractor shall maintain a record of each waiver verification and provide a report to the City documenting the waiver reverifications performed and recommendations to MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 269 of 286 AGREEMENT NO. 22-121
the City on those waivers that Contractor concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of Generators.
Contractor Recordkeeping of Generators Granted Waivers. Upon Contractor request, the City shall provide Contractor an updated listing of waivers approved by the City, including the Generators’ names, mailing address, service address, and type of waiver. Contractor shall maintain waiver-related records and report on waiver verifications, as required herein.
Compliance Inspections
Upon execution of this amendment, Contractor shall assist the City with and/or conduct applicable inspections and enforcement, to the extent delegable, as required by SB 1383 Regulations.
Contractor shall maintain all applicable records from inspection and enforcement in accordance with SB 1383 Regulations.
Edible Food Recovery Program
Upon the effective date of this Section 5.8, Contractor shall implement an Edible Food Recovery Program fulfilling the requirements outlined below in an amount not less than specified in the calculations used to determine the Compliance Fee.
14 CCR Section 18991.1(a)(1) – Educate commercial edible food generators
14 CCR Section 18991.1(a)(3) – Monitor commercial edible food generator compliance
14 CCR Section 18991.2 – Recordkeeping Requirements for Jurisdiction Edible Food Recovery
Program
Contractor may use a subcontractor to complete some or all of the requirements in this section. Upon mutual agreement with the contractor, City may add additional requirements to the extent delegable, set forth in Title 14, Division 7, Chapter 12, Article 10 Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 270 of 286 AGREEMENT NO. 22-121
3. Amendment to Attachment “F.” Attachment “F” Rate Schedule is hereby amended as follows effective January 1, 2023:
Service/Size/Pickup Rate Service/Size/Pickup Rate Service/Size/Pickup Rate Residential Refuse Service $ 37.54
Residential Bin 1.5/Frequency 1 $ 148.59 Bin 2.0/Frequency 1 $ 285.47 Bin 3.0/Frequency 7 $137.36 Bin 2.0/Frequency 2 $ 520.16
Bin 1.5/Frequency 1 $ 161.99 Bin 2.0/Frequency 3 $ 738.48 Bin 40/Frequency 6 $494.88 Bin 1.5/Frequency 2 $ 307.22 Bin 2.0/Frequency 4 $ 958.32 Bin 10/Frequency 8 $590.11 Bin 1.5/Frequency 3 $ 452.16 Bin 2.0/Frequency 5 $1,209.44 Bin 20/Frequency 8 $590.11 Bin 2.0/Frequency 1 $ 192.40 Bin 2.0/Frequency 6 $1,395.61 Bin 40 Comp/Frequency 8 $590.11 Bin 2.0/Frequency 2 $ 358.38
Bin 2.0/Frequency 3 $ 525.08 35 Gal/Frequency 1 $ 53.21 Bin 40/Frequency 6 $522.64 Bin 3.0/Frequency 1 $ 275.00 35 Gal/Frequency 2 $ 93.98 Bin 10/Frequency 8 $627.10 Bin 3.0/Frequency 2 $ 484.08 35 Gal/Frequency 3 $ 130.72 Bin 20/Frequency 8 $627.10 Bin 3.0/Frequency 3 $ 694.12 35 Gal/Frequency 4 $ 167.80 Bin 40 Comp/Frequency 8 $627.10 Bin 3.0/Frequency 4 $ 903.77 35 Gal/Frequency 5 $ 212.63 Bin 3.0/Frequency 5 $1,113.77 35 Gal/Frequency 6 $ 241.43 Bin 40/Frequency 6 $197.84 Bin 3.0/Frequency 6 $1,323.78 65 Gal/Frequency 1 $ 78.69 Bin 10/Frequency 8 $197.84 65 Gal/Frequency 2 $ 143.98 Bin 20/Frequency 8 $197.84
Bin 1.5/Frequency 1 $ 155.09 65 Gal/Frequency 3 $ 204.94 Bin 40 Comp/Frequency 8 $197.84 Bin 1.5/Frequency 2 $ 292.09 65 Gal/Frequency 4 $ 266.24 Bin 1.5/Frequency 3 $ 432.06 65 Gal/Frequency 5 $ 335.87 Locking Container $ 7.87 Bin 1.5/Frequency 4 $ 555.16 65 Gal/Frequency 6 $ 388.36 Steam Cleaning (Compactors) 107.36$ Bin 1.5/Frequency 5 680.82$ Bulky Item Fee (each item) 14.30$ Bin 1.5/Frequency 6 806.61$ Bin 3.0/Frequency 1 212.02$ Relocation Fee (Roll-Off) 107.36$ Bin 2.0/Frequency 1 183.34$ Bin 3.0/Frequency 2 362.64$ Tilthopper 31.10$ Bin 2.0/Frequency 2 342.43$ Bin 3.0/Frequency 3 513.32$ Rental Fee (per day) 28.89$ Bin 2.0/Frequency 3 501.08$ Bin 3.0/Frequency 4 663.91$ Bin 2.0/Frequency 4 645.68$ Bin 3.0/Frequency 5 814.58$ Commercial Barrel 31.10$ Bin 2.0/Frequency 5 793.87$ Bin 3.0/Frequency 6 965.20$ Commercial Trash Bin 51.85$ Bin 2.0/Frequency 6 942.10$ MultiFamily Trash Bin 54.67$ Bin 3.0/Frequency 1 261.78$ 95 Gal/Frequency 1 44.28$ Compact Trash Bin 124.65$ Bin 3.0/Frequency 2 460.08$ 95 Gal/Frequency 2 75.40$ Green Waste Bin 84.46$ Bin 3.0/Frequency 3 657.78$ 95 Gal/Frequency 3 103.03$ Food Waste Barrel 29.08$ Bin 3.0/Frequency 4 855.65$ 95 Gal/Frequency 4 130.45$ Food Waste Bin 107.48$ Bin 3.0/Frequency 5 1,053.44$ 95 Gal/Frequency 5 166.17$ Bin 3.0/Frequency 6 1,251.69$ 95 Gal/Frequency 6 185.84$ 95 Gal/Frequency 1 43.64$ Bin 3.0/Frequency 1 301.38$
95 Gal/Frequency 2 74.39$ Bin 3.0/Frequency 2 541.95$
95 Gal/Frequency 3 105.51$ Bin 3.0/Frequency 3 781.98$
95 Gal/Frequency 4 136.61$ Bin 3.0/Frequency 4 1,021.88$ 95 Gal/Frequency 5 167.69$ Bin 3.0/Frequency 5 1,261.88$ 95 Gal/Frequency 6 198.79$ Bin 3.0/Frequency 6 1,502.45$ Bin 4.0/Frequency 3 1,038.07$
Monthly Commercial Refuse Rates
Commercial with Recycling:
Commercial with Recycling Barrels: Commercial Compacted:
Commercial Greenwaste Barrels:
Commercial Greenwaste:
Commercial Food Waste Barrels:
Commercial Food Waste: Commercial Temporary:
Commercial Permanent Roll-Off:
Commercial Temporary Roll Off:
Commercial Recycling Roll-Off:
Commercial Extra Services:
Extra Pick-Up:
Multifamily Commercial:
4. No Other Changes. Except as specifically provided herein, all terms and conditions of the Agreement shall remain in full force and effect, without waiver or modification. All terms defined in the Agreement shall have the same meaning when used in this Amendment. This Amendment and the Agreement shall be read together as one document.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 271 of 286 AGREEMENT NO. 22-121
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first above written.
ATTEST: CITY OF MONTCLAIR
A Municipal corporation
Andrea M. Myrick Javier John Dutrey
City Clerk Mayor
APPROVED AS TO FORM:
Diane E. Robbins
City Attorney
BURRTEC WASTE INDUSTRIES, INC.
A California corporation
By
Its
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 272 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: PER597
DEPT.: ADMIN. SVCS.
PREPARER: M. RICHTER
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3392 MAKING CERTAIN FINDINGS FOR AN EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WITH AUTHORIZATION TO HIRE LESLIE PHILLIPS AS A RETIRED ANNUITANT INTO THE TEMPORARY PART–TIME POSITION OF
BENEFITS COORDINATOR
REASON FOR CONSIDERATION: The Pension Reform Act of 2012 prohibits employers from hiring retired annuitants within 180 days of their retirement. However, Government Code Section 7522.56 does provide a 180–day wait exception for public agencies.
The City Council is requested to consider adoption of Resolution No. 22–3392 authorizing the hiring of Leslie Phillips as a retired annuitant into the part–time and temporary position of Benefits Coordinator.
A copy of proposed Resolution No. 22–3392 is attached for City Council’s review and consideration.
BACKGROUND: Benefits Coordinator Leslie Phillips was initially hired on February 4, 1991 and she will be retired effective December 30, 2022, after a 31–year career with the City of Montclair.
During her tenure, Leslie has held several positions within the Finance and Administrative Services Departments. She started as an Account Clerk and her responsibilities were focused on accounts payable duties. After a few years she promoted into the position of Office Supervisor/Account Clerk and in 1997 she was reclassified to her current position of Benefits Coordinator. She has been the only employee responsible for the duties assigned to the Benefits Coordinator position for over 25 years.
Pursuant to California Government Code (GC) §7522.56(b), “[a] retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree received the benefit without reinstatement from retirement, except as permitted by this section.” GC §7522.56(c), then provides the following exception: “A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by [CalPERS] upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of a limited duration.” GC §7522.56(f)(1) provides: “A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless… [t]he employer certifies the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.”
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 273 of 286 As a retired annuitant, Leslie will only be working on a temporary, part–time basis and will remain at or below the 960 permitted hours per fiscal year a retired annuitant may work pursuant to Section 7522.56(d). Her specialized skills are needed to assist with crucial Human Resource duties such as preparation of 1095–C’s as well as W–2’s, which need to be completed in January. She also prepares all paperwork for retirees related to benefits such as invoicing and correspondence related to new healthcare rates. Having her as a retired annuitant will ensure this work will be completed accurately and in a timely manner, in addition to remaining in compliance with both Federal and State requirements for city personnel and retirees. It is anticipated that this process will last the duration of the remaining 2022–2023 fiscal year and, if needed, may continue through the second quarter of the 2023–2024 fiscal year. Also, pursuant to Section 7522.56(d), her pay may not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay scheduled equal to an hourly rate. The maximum base salary for her position is $6,510 per month, and the hourly equivalent is $37.56.
FISCAL IMPACT: The fiscal impact associated with hiring Leslie Phillips as a retired annuitant is estimated to be $22,536 for the remainder of Fiscal Year 2022–2023 if she works 25 hours/week from January 3, to June 30, 2023, which is approximately 360 hours less than the 960 hours authorized by GC §7522.56(d) & §21221(h). The expense would come from the Administrative Services Department’s personnel budget. The Fiscal Year 2023–2024 Administrative Services Department budget will provide funds for this retired annuitant positon if it is still needed.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3392 making certain findings for an exception to the 180–day wait period pursuant to Government Code Sections 7522.56 and 21224 with authorization to hire Leslie Phillips as a retired annuitant into the temporary part–time position of Benefits Coordinator.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 274 of 286 Resolution No. 22–3392 Page 1 of 2
RESOLUTION NO. 22–3392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR MAKING CERTAIN FINDINGS FOR AN
EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT
TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code Section 7255.56 of the Public Employees’ Retirement Law, the City of Montclair must provide the California Public Employees Retirement System (CalPERS) this certification resolution when hiring a retiree before 180 days have passed since his or her retirement; and WHEREAS, Leslie Phillips, CalPERS ID No. 7609067195, retired from the City of Montclair in the position of Benefits Coordinator effective December 30, 2022; and WHEREAS, Gov. Code section 7522.56 requires that post–retirement employment commence no earlier than 180 days after the retirement date which is (June 29, 2023) without this certification resolution; and
WHEREAS, Section 7522.56 provides that this exception to the 180–day wait period shall not apply if the retiree accepts any retirement–related incentive; and WHEREAS, the City Council, the City of Montclair and Leslie Phillips certify that Leslie Phillips has not and will not receive a Golden Handshake or any other retirement– related incentive; and
WHEREAS, the City of Montclair hereby appoints Leslie Phillips as an extra help retired annuitant to perform the duties of the Benefits Coordinator for the City of Montclair under Gov. Code section 21224 effective January 3, 2023; and WHEREAS, the entire employment agreement, contract or appointment document between Leslie Phillips and the City of Montclair has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $6,510 and the hourly equivalent is $37.56, and the minimum monthly base salary for the position is $5,356 and the hourly equivalent is $30.90; and
WHEREAS, the hourly rate paid to Leslie Phillips will be $37.56; and WHEREAS, Leslie Phillips has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby certifies the nature of the appointment of Leslie Phillips as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Benefits Coordinator for the City of Montclair by January 3, 2023 because there are crucial Human Resource duties that need to be completed to remain in compliance with Federal and State guidelines such as completion of 1095–C’s and W–2’s along with other important personnel and retiree responsibilities.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 275 of 286 Resolution No. 22–3392 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3392 was duly adopted by the City Council of said city and was approved by the Mayor of said City at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 276 of 286
CITY COUNCIL
AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: BUSINESS ITEMS
ITEM NO.: B
FILE I.D.: PER597
DEPT.: ADMIN. SVCS.
PREPARER: M. RICHTER
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3394 MAKING CERTAIN FINDINGS FOR AN EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WITH AUTHORIZATION TO HIRE ELIZABETH LEW AS A RETIRED ANNUITANT INTO THE TEMPORARY PART–TIME POSITION OF
PAYROLL ANALYST
REASON FOR CONSIDERATION: The Pension Reform Act of 2012 prohibits employers from hiring retired annuitants within 180 days of their retirement. However, Government Code Section 7522.56 does provide a 180–day wait exception for public agencies.
The City Council is requested to consider adoption of Resolution No. 22–3394 authorizing the hiring of Elizabeth Lew into the part–time and temporary retired annuitant position of Payroll Analyst.
A copy of proposed Resolution No. 22–3394 is attached for City Council’s review and consideration.
BACKGROUND: Payroll Analyst Elizabeth Lew was initially hired on October 6, 1997 and she will be retired effective December 30, 2022, after a 25–year career with the City of Montclair.
During her tenure, Elizabeth has held several positions within the Finance Department.
She started as a Receptionist/Office Specialist on March 27, 1997 and her responsibilities were focused on cashiering, switchboard, and assisting the public at City Hall. The next year she promoted into the position of Accounting Specialist handling payroll duties, and in July 2013 she was reclassified as a Junior Accountant, then to Accountant in July 2019 and to her current position of Payroll Analyst in November 2021. She has been the only employee responsible for the duties assigned to the Payroll Analyst position for 24 years.
Pursuant to California Government Code (GC) §7522.56(b), “[a] retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree received the benefit without reinstatement from retirement, except as permitted by this section.” GC §7522.56(c), then provides the following exception: “A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by [CalPERS] upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of a limited duration.” GC §7522.56(f)(1) provides: “A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless… [t]he employer certifies the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.”
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 277 of 286 As a retired annuitant, Elizabeth will only be working on a temporary, part–time basis and will remain at or below the 960 permitted hours per fiscal year a retired annuitant may work pursuant to Section 7522.56(d). Her specialized skills are needed to assist with crucial Finance Department duties such as processing payroll for the City’s employees, reporting employee compensation to CalPERS on a bi–weekly basis, and completing the State mandated Local Government Compensation Report. Having her as a retired annuitant will ensure this work will be completed accurately and in a timely manner in addition to remaining in compliance with both Federal and State requirements for City personnel. It is anticipated that this process will last the duration of the remaining 2022–2023 fiscal year and, if needed, may continue through the second quarter of the 2023–2024 fiscal year. Also, pursuant to Section 7522.56(d), her pay may not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay scheduled equal to an hourly rate.
The maximum base salary for her position is $6,657 per month, and the hourly equivalent is $38.41.
FISCAL IMPACT: The fiscal impact associated with hiring Elizabeth Lew as a retired annuitant is estimated to be $18,437 for the remainder of Fiscal Year 2022–2023 if she works 20 hours/week from January 3 to June 30, 2022, which is approximately 480 hours less than the 960 hours authorized by GC §7522.56(d) & §21221(h). The expense would come from the Finance Department’s personnel budget. The Fiscal Year 2023– 2024 Finance Department budget will provide funds for this retired annuitant positon if it is still needed.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3394 making certain findings for an exception to the 180–day wait period pursuant to Government Code Sections 7522.56 and 21224 with authorization to hire Elizabeth Lew as a retired annuitant into the temporary part–time position of Payroll Analyst.
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 278 of 286 Resolution No. 22–3394 Page 1 of 2
RESOLUTION NO. 22–3394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR MAKING CERTAIN FINDINGS FOR AN
EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT
TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code Section 7255.56 of the Public Employees’ Retirement Law, the City of Montclair must provide the California Public Employees Retirement System (CalPERS) this certification resolution when hiring a retiree before 180 days have passed since his or her retirement; and WHEREAS, Elizabeth Lew, CalPERS ID No. 6922999868, retired from the City of Montclair in the position of Payroll Analyst effective December 30, 2022; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date which is (June 29, 2023) without this certification resolution; and
WHEREAS, Section 7522.56 provides that this exception to the 180–day wait period shall not apply if the retiree accepts any retirement–related incentive; and WHEREAS, the City Council, the City of Montclair and Elizabeth Lew certify that Leslie Phillips has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, the City of Montclair hereby appoints Elizabeth Lew as an extra help retired annuitant to perform the duties of the Benefits Coordinator for the City of Montclair under Gov. Code section 21224 effective January 3, 2022; and WHEREAS, the entire employment agreement, contract or appointment document between Elizabeth Lew and the City of Montclair has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $6,657 and the hourly equivalent is $38.41, and the minimum monthly base salary for the position is $5,477 and the hourly equivalent is $31.60; and
WHEREAS, the hourly rate paid to Elizabeth Lew will be $38.41; and WHEREAS, Elizabeth Lew has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby certifies the nature of the appointment of Elizabeth Lew as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Payroll Analyst for the City of Montclair by January 3, 2023 because there are crucial Finance Department duties that need to be completed to ensure that the City’s personnel are paid in a timely manner. In addition her assistance is necessary to complete CalPERS and State mandated Local Government Compensation Reports as needed.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 279 of 286 Resolution No. 22–3394 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3394 was duly adopted by the City Council of said city and was approved by the Mayor of said City at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 280 of 286 Personnel Committee Minutes – December 5, 2022 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
DECEMBER 5, 2022, AT 4:35 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 4:35 p.m.
II. ROLL CALL
Present: Mayor Dutrey, Council Member Johnson, City Manager Starr, and Assistant City Manager/Director of Human
Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of November 21, 2022.
Moved by Council Member Johnson, seconded by Mayor Pro Tem Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting of November 21, 2022.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 4:36 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 4:59 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Ruh stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 4:59 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 5, 2022 Page 1 of 5
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, DECEMBER 5, 2022 AT 7:00 P.M. IN
THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.
II. INVOCATION
Pastor Josh Matlock, Bethany Baptist Church, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Martinez led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Public Safety/Police Chief Avels; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
Gladstone Rennie, Owner, Birch Tree United Inc., introduced himself as a small business owner offering janitorial and facility maintenance services.
VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 22–1002 Amending Specific Chapters of Title 10 of the Montclair Municipal Code Related to the Adoption of Building Codes to Regulate
Construction in the City Of Montclair and Establishing January 18, 2023 as the Effective Date of the Codes
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 22–1002 on Monday,
December 19, 2022 at 7:00 p.m. in the City Council Chambers Mayor Dutrey opened the public hearing.
City Clerk Myrick stated no written comments were received in relation to this item, and no members of the public requested to speak on the item.
Mayor Dutrey closed the public hearing and the City Council discussed the matter. Council Member Lopez received clarification from staff that the codes are state–mandated changes. Mayor Pro Tem Ruh stated his opposition to new requirements for conversion of gas appliances to electric during renovations due to excessive construction cost.
ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Conduct the first reading of Ordinance No. 22–1002 by number and title only, waive further reading, and set a public hearing for the second reading and adoption of
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 5, 2022 Page 2 of 5 ACTION – Public Hearings – Item A
Ordinance No. 22–1002 on Monday, December 19,
2022 at 7:00 p.m. in the City Council Chambers.
MADE BY:
SECOND BY:
Mayor Pro Tem Ruh
Council Member Johnson
AYES:
NOES:
ABSTAIN:
ABSENT:
Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: With no opposition, motion carried 5–0.
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented, with public comment on Items B–3 and B–4.
MADE BY:
SECOND BY:
Council Member/Director Johnson
Mayor Pro Tem/Vice Chair Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: With no opposition, motion carried 5–0
A. Approval of Minutes
1. Regular Joint Meeting — November 21, 2022
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent
B. Administrative Reports
1. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent
2. Consider Authorizing City Manager Edward C. Starr to Sign a Letter to the Inland Empire Utilities Agency Regarding the Chino Basin Regional Sewage Service Contract Extension
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 5, 2022 Page 3 of 5 ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent
3. Consider Authorizing Staff to Advertise for Bid Proposals for Construction of the Reeder Ranch Park Project
ACTION – Consent Calendar – Item B–3
ACTING: City Council
COMMENTS: Xavier Mendez, resident, raised concerns about security and maintenance of the proposed park.
Staff addressed Council’s requests for
clarification on plans for security gates,
surveillance, and landscaping.
RESULT: Approved on Consent
4. Consider Authorizing Staff to Advertise for Bid Proposals for Construction and Installation of New Switchgear and a
Backup Generator at the Civic Center
Consider Authorizing the Purchase of a Diesel Generator and a 1000 Amp Transfer Switch from Generac
ACTION – Consent Calendar – Item B–4
ACTING: City Council
COMMENTS: Bruce Culp, resident, spoke in support of this item.
Staff addressed Council’s requests for
clarification on the grant funds and operation of
the generator.
RESULT: Approved on Consent
5. Consider Approval of the Montclair Housing Authority Annual Report Prepared Pursuant to Section 3416.1(f) of the Health and Safety Code (SB 341) for Fiscal Year 2021–22 ACTION – Consent Calendar – Item B–5
ACTING: City Council
Montclair Housing Authority Commissioners
RESULT: Approved on Consent
6. Consider Review and Acceptance of the Montclair Housing Authority Annual Report for Fiscal Year 2021–22
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent
C. Agreements
1. Consider Approval of Agreement No. 22–113 with Kaiser Foundation Hospitals to Accept a Grant Award in the Amount of $10,000 to Support the Montclair to College Program
Consider Authorizing Executive Director Edward C. Starr to Sign Agreement No. 22–113
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 5, 2022 Page 4 of 5 ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent
D. Resolutions
1. Consider Adoption of Resolution No. 22–3382 Adopting the City’s Conflict of Interest Code, as Amended, Pursuant to the Political Reform Act
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent
2. Consider Adoption of Resolution No. 22–3387 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of December 5, 2022, Through January 4, 2023
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney — None
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor Dutrey called a special meeting of the City Council on Monday, December 15, 2022, at 6:00 p.m. for adoption of election results and swearing–in ceremonies.
Mayor/Chair Dutrey thanked staff for their work on the Tree Lighting and Dashing Through Montclair events.
E. Council Members/Directors
1. Mayor Pro Tem/Vice Chair Ruh commended the successful Dashing Through Montclair event; gave his regrets for missing the tree lighting ceremony due to work; and stated the public needs to change its expectations from green grass to drought– tolerant landscapes.
2. Council Member/Director Lopez warned residents about current traffic conditions on the I–10 freeway due to accidents on both the east and westbound sides near Mountain Avenue in Upland, and cautioned drivers to go slow, look for pedestrians, and heed all traffic signs and signals—especially now while the holiday shopping season is in full swing.
3. Council Member/Director Johnson stated she enjoyed the Dashing Through Montclair event immensely and re–
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 5, 2022 Page 5 of 5 emphasized the City’s need to renew efforts to assist low– income and senior residents who have trouble caring for the exterior appearance of their properties, even after the loss of redevelopment funds that were used in the past for that purpose.
4. Council Member/Director Martinez requested the meeting be adjourned in memory of former Chino Basin Water
Conservation District Board Member Margaret Hamilton;
thanked staff, the Community Activities Commission, and the Women’s Club of Montclair for their contributions to the Holly Jolly Holiday and tree lighting ceremony; stated her appreciation for alternate routes each year for Dashing Through Montclair; and reminded everyone of the deadlines at the end of the week for submissions to the CAC’s Holiday Home Decoration Contest and the Women’s Club’s See’s Candy Fundraiser.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Public Works Committee – September 15, 2022
2. Personnel Committee – November 21, 2022
XI. ADJOURNMENT
At 7:36 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
The meeting was adjourned in memory of Margaret Hamilton, former Chino Basin Water Conservation District Board Member.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 286 of 286 Public Hearing – Item B
EXHIBITS TO
RESOLUTION NO. 22-3388
Mission Boulevard and Ramona Avenue Business Park Project
EXHIBIT A
CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM