COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
(OTHER THAN NONPAYMENT OF PREMIUM)
SCHEDULED PERSON(S) OR ORGANIZATION(S)
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
SCHEDULE
Name of Person(s) or Organization(s):
IF YOU ARE OBLIGATED, PURSUANT TO A WRITTEN CONTRACT OR AGREEMENT TO
PROVIDE PERSON(S) OR ORGANIZATION(S) WITH NOTICE OF CANCELLATION,
THEN WE WILL NOTIFY SUCH PERSON(S) OR ORGANIZATION(S) PROVIDED THAT WITHIN 15 DAYS OF THE DATE WE SEND NOTICE OF CANCELLATION TO THE
FIRST NAMED INSURED, THE FIRST NAMED INSURED OR PRODUCER OF RECORD
PROVIDES US WITH A SPREADSHEET CONTAINING THE NAME, MAILING ADDRESS AND, IF AVAILABLE, E-MAIL ADDRESS OF THE PERSON(S) OR ORGANIZATION(S).
Address:
N/A
Under Common Policy Conditions the following condition is added:
NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM)
SCHEDULED PERSON(S) OR ORGANIZATION(S)
When we cancel this policy for any reason other than nonpayment of premium, we will notify the person(s) or organization(s) described in the SCHEDULE at least 30 days in advance of the cancellation date.
Any failure by us to notify such person(s) or organization(s) will not:
• Impose any liability or obligation of any kind upon us; or • Invalidate such cancellation.
16-02-0306 (Ed. 5-11) Page 1 of 1
COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.
1. EXTENDED CANCELLATION CONDITION
Paragraph A.2.b. — CANCELLATION - of the
COMMON POLICY CONDITIONS form IL 00 17 is
deleted and replaced with the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.
2. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or Formed
Organizations As Insureds
The Named Insured shown in the Declarations is
amended to include:
1. Any legally incorporated subsidiary in which
you own more than 50% of the voting stock on
the effective date of the Coverage Form.
However, the Named Insured does not include
any subsidiary that is an "insured" under any
other automobile policy or would be an
"insured" under such a policy but for its
termination or the exhaustion of its Limit of
Insurance.
2. Any organization that is acquired or formed by
you and over which you maintain majority
ownership. However, the Named Insured
does not include any newly formed or acquired
organization:
(a) That is an "insured" under any other
automobile policy;
(b) That has exhausted its Limit of Insurance
under any other policy; or
(c) 180 days or more after its acquisition or
formation by you, unless you have given
us written notice of the acquisition or
formation.
Coverage does not apply to "bodily injury" or
"property damage" that results from an "accident"
that occurred before you formed or acquired the
organization.
B. Employees as Insureds
Paragraph A.1. — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is amended to
add the following:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
C. Lessors as Insureds
Paragraph A.1. — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is
amended to add the following:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor; and
(2) The "auto" is leased without a driver.
Such leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
However, the lessor is an "insured" only
for "bodily injury" or "property damage"
resulting from the acts or omissions by:
1. You;
2. Any of your "employees" or agents;
or
3. Any person, except the lessor or
any "employee" or agent of the
lessor, operating an "auto" with the
permission of any of 1. and/or 2.
above.
D. Persons And Organizations As Insureds
Under A Written Insured Contract
Paragraph A.1 — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is
amended to add the following:
f. Any person or organization with respect to
the operation, maintenance or use of a
covered "auto", provided that you and
such person or organization have agreed
under an express provision in a written
"insured contract", written agreement or a
written permit issued to you by a
governmental or public authority to add
such person or organization to this policy
as an "insured".
However, such person or organization is
an "insured" only:
Form: 16-02-0292 (Rev. 11-16) Page 1 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
(1) with respect to the operation,
maintenance or use of a covered
"auto"; and
(2) for "bodily injury" or "property damage"
caused by an "accident" which takes
place after:
(a) You executed the "insured
contract" or written agreement; or
(b) The permit has been issued to
you.
3. FELLOW EMPLOYEE COVERAGE
EXCLUSION B.S. - FELLOW EMPLOYEE — of
SECTION II — LIABILITY COVERAGE does not apply.
4. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY
TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a. — TRANSPORTATION EXPENSES
— of SECTION III - PHYSICAL DAMAGE
COVERAGE is amended to provide a limit of $50 per
day for temporary transportation expense, subject to a
maximum limit of $1,000.
5. AUTO LOAN/LEASE GAP COVERAGE
Paragraph A. 4. — COVERAGE EXTENSIONS - of
SECTION I I I - PHYSICAL DAMAGE COVERAGE is
amended to add the following:
c. Unpaid Loan or Lease Amounts
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a
covered "auto" minus:
1. The amount paid under the Physical Damage
Coverage Section of the policy; and
2. Any:
a. Overdue loan/lease payments at the time of
the "loss";
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage;
c. Security deposits not returned by the lessor:
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.
We will pay for any unpaid amount due on the loan or
lease if caused by:
1. Other than Collision Coverage only if the
Declarations indicate that Comprehensive
Coverage is provided for any covered "auto";
2. Specified Causes of Loss Coverage only if the
Declarations indicate that Specified Causes of
Loss Coverage is provided for any covered "auto";
or
3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any
covered "auto.
6. RENTAL AGENCY EXPENSE
Paragraph A. 4. — COVERAGE EXTENSIONS - of
SECTION I I I - PHYSICAL DAMAGE COVERAGE
is amended to add the following:
d. Rental Expense
We will pay the following expenses that you or
any of your "employees" are legally obligated
to pay because of a written contract or
agreement entered into for use of a rental
vehicle in the conduct of your business:
MAXIMUM WE WILL PAY FOR ANY ONE
CONTRACT OR AGREEMENT:
1. $2,500 for loss of income incurred by the
rental agency during the period of time that
vehicle is out of use because of actual
damage to, or "loss" of, that vehicle, including
income lost due to absence of that vehicle for
use as a replacement;
2. $2,500 for decrease in trade-in value of the
rental vehicle because of actual damage to
that vehicle arising out of a covered "loss"; and
3. $2,500 for administrative expenses incurred
by the rental agency, as stated in the contract
or agreement.
4. $7,500 maximum total amount for paragraphs
1., 2. and 3. combined.
7. EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A.4. — COVERAGE EXTENSIONS — of
SECTION I I I - PHYSICAL DAMAGE COVERAGE
is amended to add the following:
e. Recovery Expense
We will pay for the expense of returning a
stolen covered "auto" to you.
8. AIRBAG COVERAGE
Paragraph B.3.a. - EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE does not
apply to the accidental or unintended discharge of
an airbag. Coverage is excess over any other
collectible insurance or warranty specifically
designed to provide this coverage.
9. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT - BROADENED COVERAGE
Paragraph C.1.b. — LIMIT OF INSURANCE - of
SECTION I I I - PHYSICAL DAMAGE is deleted
and replaced with the following:
b. $2,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
An integral part of such equipment.
(3)
10. GLASS REPAIR — WAIVER OF DEDUCTIBLE
Form: 16-02-0292 (Rev. 11-16) Page 2 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
Under Paragraph D. - DEDUCTIBLE — of
SECTION I I I - PHYSICAL DAMAGE COVERAGE
the following is added:
No deductible applies to glass damage if the glass
is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Paragraph D.- DEDUCTIBLE — of SECTION I I I -
PHYSICAL DAMAGE COVERAGE is amended to
add the following:
If this Coverage Form and any other Coverage
Form or policy issued to you by us that is not an
automobile policy or Coverage Form applies to the
same "accident", the following applies:
1. If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived; or
2. If the deductible under this Business Auto
Coverage Form is not the smaller (or smallest)
deductible, it will be reduced by the amount of
the smaller (or smallest) deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
Paragraph A.2.a. - DUTIES IN THE EVENT OF
AN ACCIDENT, CLAIM, SUIT OR LOSS of
SECTION IV - BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
a. In the event of "accident", claim, "suit" or
"loss", you must promptly notify us when the
"accident" is known to:
(1) You or your authorized representative, if
you are an individual;
(2) A partner, or any authorized
representative, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer, insurance manager,
or authorized representative, if you are an
organization other than a partnership or
limited liability company.
Knowledge of an "accident", claim, "suit" or
"loss" by other persons does not imply that the
persons listed above have such knowledge.
Notice to us should include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons or
witnesses.
13. WAIVER OF SUBROGATION
Paragraph A.5. - TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US of
SECTION IV - BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
5. We will waive the right of recovery we would
otherwise have against another person or
organization for "loss" to which this insurance
applies, provided the "insured" has waived
their rights of recovery against such person or
organization under a contract or agreement
that is entered into before such "loss".
To the extent that the "insured's" rights to
recover damages for all or part of any
payment made under this insurance has not
been waived, those rights are transferred to
us. That person or organization must do
everything necessary to secure our rights and
must do nothing after "accident" or "loss" to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us enforce them.
14. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
Paragraph B.2. — CONCEALMENT,
MISREPRESENTATION or FRAUD of SECTION
IV - BUSINESS AUTO CONDITIONS - is deleted
and replaced with the following:
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we will
not void coverage under this Coverage Form
because of such failure.
15. AUTOS RENTED BY EMPLOYEES
Paragraph B.5. - OTHER INSURANCE of
SECTION IV - BUSINESS AUTO CONDITIONS -
is amended to add the following:
e. Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire. If an
"employee's" personal insurance also applies
on an excess basis to a covered "auto" hired
or rented by your "employee" on your behalf
and at your direction, this insurance will be
primary to the "employee's" personal
insurance.
16. HIRED AUTO — COVERAGE TERRITORY
Paragraph B.7.b.(5). - POLICY PERIOD,
COVERAGE TERRITORY of SECTION IV -
BUSINESS AUTO CONDITIONS is deleted and
replaced with the following:
(5) A covered "auto" of the private passenger
type is leased, hired, rented or borrowed
without a driver for a period of 45 days or
less; and
17. RESULTANT MENTAL ANGUISH COVERAGE
Paragraph C. of - SECTION V - DEFINITIONS is
deleted and replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death as a result of the "bodily
injury" sustained by that person.
Form: 16-02-0292 (Rev. 11-16) Page 3 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14)
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. (❑) Specific Waiver
Name of person or organization
(❑x) Blanket Waiver
Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.
2. Operations:
3. Premium:
The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium:
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-31-21 Policy No. 71749276 Endorsement No.
Insured CLIFTONLARSONALLEN LLP Premium $ Inc1 .
Insurance Company Chubb Indemnity Insurance Company
Countersigned By
WC 42 03 04 B
(Ed. 6-14)
© Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.
Insured Copy
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy.
For policies or exposure in Missouri:
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-31-21 Policy No. 71749276 Endorsement No.
Insured CLIFTONLARSONALLEN LLP Premium $ Inc1 .
Insurance Company Chubb Indemnity Insurance Company
WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.
Countersigned By
Insured Copy
POLICY NUMBER: (21)7357-28-25 COMMERCIAL AUTO
16-02-0316 Ed. 10 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY LIABILITY
INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: CLIFTONLARSONALLEN LLP
Endorsement Effective Date: 12/31/2021
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
AS REQUIRED BY WRITTEN CONTRACT
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Item 5. — "Other
Insurance" of Item B. — "General Conditions" under
Section IV — "Business Auto Conditions":
e. Regardless of the provisions of Paragraph 5.a.
through d. above, for any liability arising out of the
ownership, maintenance, use, rental, lease, loan, hire
or borrowing by an "insured" of a covered "auto" for
which an "insured" is contractually obligated to
provide primary insurance coverage to a client, this
Coverage Form will be primary and non-contributory
with respect to the Persons or Organizations in the
schedule, regardless of the availability or existence of other collectible insurance under any other Coverage
Form or policy that applies on a primary basis.
16-02-0316 Ed. 10 14 Page 1 of 1
A�� �� CERTIFICATE OF LIABILITY INSURANCE
07/08/2022 '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER 1-847-385-6800
Edgewood Partners Insurance Center
Lemme, a division of EPIC
111 West Campbell
4th Floor
Arlington Heights, IL 60005
CONTACT NAME: Nadine Daniels
PHONE FAX
(A/C, No, Ext): 847-385-6800 (A/C, No):
E-MAIL [email protected]
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Swiss Re International SE and Various
INSURED
CliftonLarsonAllen, LLP
220 South Sixth St.
Suite 300
Minneapolis, MN 55402
INSURER B :
INSURER C :
INSURERD:
INSURERE:
INSURERF:
COVERAGES
CERTIFICATE NUMBER: 66104255
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
INSD DDL
NSD
SWUBR
VD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE
OCCUR
DAMAGE RETED
PREMISESO(Ea occurrence)
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L
AGGREGATE
LIMIT APPLIES
PRO- JECT
PER:
LOC
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG
$
$
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y I N
NIA
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A
Professional Liability
B0572MR211381
12/15/21
12/15/22
Each Claim
Aggregate
1,000,000
2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Self -Insured Retention: $6,000,000 each claim / $12,000,000 aggregate
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman
Placentia, CA 92870
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
Sue. [email protected]_LEM
66104255
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
FROM: CITY ADMINISTRATOR
DATE: JULY 19, 2022
SUBJECT: LEASE OF CITY -OWNED PROPERTY LOCATED AT 336 W. SANTA FE
AVENUE TO HIS ORANGE COUNTY
FISCAL
IMPACT: REVENUE: $3,600 FIRST YEAR; CPI INCREASE AT YEAR 2 AND EACH
SUBSEQUENT YEAR THEREAFTER
SUMMARY:
On April 20, 2010 the former Redevelopment Agency (RDA) entered into a Lease Agreement with Homeless Intervention Shelter (HIS House) for the residence located at 336 W. Santa Fe Avenue (the "Property") for the purpose of housing homeless families and individuals. HIS House serves as a nonprofit organization that provides wraparound services to enable self-sufficiency and employment among homeless families and individuals. Subsequently on October 20, 2015 the Placentia City Council approved a new lease agreement with HIS House. This action approves a new lease agreement with Homeless Intervention Services of Orange County (formerly HIS House) to continue to lease the Property as outlined in the terms of the agreement.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1. Authorize the City Administrator to execute a lease agreement, as approved by the City Attorney, with Homeless Intervention Services of Orange County for 336 W. Santa Fe Avenue.
DISCUSSION:
The former Redevelopment Agency (RDA) of the City of Placentia purchased 336 W. Santa Fe Avenue (the "Property") in 2009 for One Hundred and Sixty Thousand Dollars ($160,000) from a bank after a foreclosure proceeding. The Property was purchased for the purposes of providing affordable housing opportunities in the Old Town Placentia area.
With the dissolution of the RDA, the Property was transferred to the City of Placentia as the Successor Agency to the Housing Authority. This residence has been utilized by HIS House since 2010 as transitional housing for families that are on the final step to self-sufficiency after experiencing a period of homelessness. Subsequently on October 20, 2015 the Placentia City Council approved a new lease agreement with HIS House.
1.n.
July 19, 2022
City Council Agenda
July 19, 2022
City Staff met with Carrie Buck, Executive Director of Homeless Intervention Services of Orange County (HIS OC) regarding the continued lease of the Property. Ms. Buck expressed interest in continuing to utilize the Property as transitional housing for the clients they serve.
The proposed lease agreement would reflect the agency's new name, Homeless Intervention Services of Orange County (HIS OC) and would be for a period of thirty-six (36) months with an option to extend the lease two (2) additional one (1) year terms. The revenue for the first year would continue at a rate of $300 per month, however, at year 2 a CPI adjustment would be applied and every subsequent year thereafter. The lease agreement would also have a ninety -day (90) termination provision via written notice by the City to HIS OC.
FISCAL IMPACT:
The revenue generated from the lease will be deposited into the Housing Agency Fund for future affordable housing purposes.
Prepared b
Jeannette Ortega
Assistant to the City Administrator/
Economic Development Manager
Attachment:
Lease Agreement
Damien R. Arrula
City Administrator
Reviewed and .:oor■ved:
4rz,
LEASE
by and between the
CITY OF PLACENTIA
and
HOMELESS INTERVENTION SERVICES OF ORANGE COUNTY
(HIS-OC)
Address: 336 W. Santa Fe Avenue, Placentia, California
Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
LEASE
THIS LEASE (the "Lease"), dated as of July 19, 2022 is made by and betweenthe CITY OF PLACENTIA, a public body, corporate and politic ("City"), and HOMELESS INTERVENTION SERVICES OF ORANGE COUNTY, a California non-profit corporation (HIS-OC) ("Lessee").
1. SUBJECT OF LEASE
1.1 Puraose. The purpose of this Lease is to set forth the terms and conditions of the lease of the hereinafter defined Premises by the City to Lessee for use as a transitional living facility in furtherance of the City's goals and objectives of increasing and improving the community's supply of affordable housing for Very Low -Income households and Lessee's Transitional Living Program.
1.2 The Premises. The "Premises" is that certain real property and the improvements thereon commonly known as 336 W. Santa Fe Avenue in the City of Placentia, California and designated as the "Premises" on the "Site Map" attached hereto as Exhibit "A" and incorporated herein by reference.
1.3 Parties to the Lease.
1.3.1 City. City is the City of Placentia, a municipal corporation and chartercity.
The principal office of City is located at 401 E. Chapman Avenue, Placentia, California 92870.
1.3.2 Lessee. Lessee is Homeless Intervention Services of Orange County, a California non-profit corporation, (HIS-OC). The mailing address of Lessee for purposes of this Lease is P.O. Box 1293, Placentia, California 92870, Attention: Carrie Buck, Executive Director.
2. LEASE OF THE PREMISES
2.1 Lease. For and in consideration of the rents, conditions, covenants and agreements set forth herein, City hereby leases the Premises to Lessee and Lessee does hereby take and lease the Premises from City.
2.2 Term of the Lease. The term of this Lease shall commence on July 1, 2022 (the "Commencement Date"). Unless earlier terminated as provided herein, this Lease shall expire and be of no further force and effect at midnight June 31, 2025. Notwithstanding the foregoing, the parties through the City Administrator and Executive Director hereto may mutually agree in writing to extend the term hereof; provided, however, that no such extension shall exceed a period of two (2) additional one (1) year periods.
3. RENT
3.1 Basic Rent. Lessee shall pay to City as rent for the Premises the sum of Three Hundred Dollars ($300.00) monthly payable in either monthly, quarterly or annual payments for the first year of this Agreement. As agreed upon by the City and Lessee, the Basic Rent made either monthly, quarterly or annually for the first year may be adjusted according based on initial improvements made by Lessee to Premises.
Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
3.1.1 Each July 1St anniversary of the Agreement period, the monthly rental for the next twelve-month period shall be adjusted by the change in the Consumer Price Index (CPI) for the immediate twelve-month period using the CPI formula as set out herein. The rent for each such extension year shall be the increase in the Consumer Price Index, but not less than 3% nor more than 6%.
3.1.2 The Consumer Price Index shall be defined as follows: At the end of each lease year (12 month period) of the extended term hereof or of any extension or renewal hereof, the monthly rental for the next succeeding lease year shall be increased by the annual increase in the Consumer Price Index ("CPI") where "CPI" is the Consumer Price Index for the month of January just preceding such lease anniversary year, and the "Base CPI" is the Consumer Price Index for January of the previous lease year. As used herein, Consumer Price Index shall mean and refer to that table in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, now known as the "Consumer Price Index" for all Urban Consumers. If such Index referred to above shall be discontinued, then any successor Consumer Price Index of the United States Bureau of Labor Statistics, or successor agency thereto, shall be used, and if there is no successor Consumer Price Index, the parties hereto shall authorize the City Attorney to designate a substitute Index or formula. In no event shall the next lease year rental be less than the prior year.
3.1.3 Both City and Lessee agree that if the January CPI has not been determined when July rent is due, Lessee will pay the previous year rent until the January CPI has been determined, and then Lessee shall pay over any difference to the City upon demand and thereafter, pay the newly determined rent.
3.1.4 First Payment. The First Payment shall be due and payable on the Commencement Date.
3.2 Additional Rent. Lessee shall make all payments required by this Lease including, without limitation, payments for utilities as set forth in Section 5.1 and repairs as set forth in Section
6.3. herein. The making of all payments imposed on Lessee by this Lease is deemed rent.
3.3 Method of Making Reauired Payments. Rent shall be timely paid in lawful money of the United States of America, without notice or demand, and without set off, counterclaim, abatement, deferment, suspension, deduction or defense. Rent due City shall be paid at City's address for notices under this Lease, or as City shall otherwise designate in writing to Lessee.
Any amount due City under this Lease, if not paid in full within ten (10) days following its due date, will accrue interest from the due date until paid at the rate of ten percent (10%) per annum or the highest rate permitted by law, whichever is lower. Payment of interest shall not excuse or cure any default by Lessee.
4. USE OF THE PREMISES
4.1 Use of the Premises. Lessee shall use the Premises as a transitional living accommodation for Very Low -Income households qualified to participate in Lessee's Transitional Living Program. Lessee's Transitional Living Program is a multi -phase program designed to assist persons who have been homeless or suffered other obstacles to independent living to become self-sufficient and graduate with independent living skills. The Premises shall serve as the Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
residence in the last phase of the program, and all occupants shall have successfully completed prior phases. Lessee, at its own cost risk and responsibility, shall secure any and all licenses and permits as may be necessary for the conduct of any and all activities taking place on the Premises.
Lessee covenants and agrees to use the Premises for the above -described activities, and for no other purposes without the express, prior written approval of City. Evidence of Lessee's compliance with the requirements of this section shall be provided to City upon request.
4.2 Occupancy and Affordable Rent. Lessee covenants and agrees that no more than five (5) people shall occupy the Premises at any one time and that all occupants of the Premises shall qualify as "Very Low Income." For purposes of this Lease, the phrase "Very Low Income" means an annual gross household income that does not exceed fifty percent (50%) of Orange County median income adjusted for family size as set forth from time to time by regulation of the California Department of Housing and Community Development, pursuant to California Health & Safety Code Section 50105. Lessee shall not charge any occupant an amount in excess of "Affordable Rent".
The phrase "Affordable Rent" means a monthly rent, including a reasonable utility allowance, which does not exceed the maximum allowable rent for a Very Low -Income household as determined and calculated pursuant to Section 50053 of the California Health & Safety Code, or successor statute. For purposes of this Lease, the total rent paid by all occupants of the Premises to Lessee shall not exceed Affordable Rent for a two -bedroom unit and the rent paid by any individual household occupant shall not exceed Affordable Rent for an assumed unit size equal to the number of bedrooms occupied by such household.
Prior to the initial occupancy of the Premises by each occupant and upon each extension of the term of this Lease, if any, pursuant to Section 2.2 hereof, Lessee shall obtain an income certification completed by each proposed or current occupant of the Premises certifying that the occupant meets the income requirements established for Very Low -Income households. In addition, prior to the initial occupancy of the Premises by each occupant Lessee shall obtain a statement of the amount of rent to be paid by the occupant verifying that such rent does not exceed Affordable Rent and a release and waiver executed by the occupant pursuant to Section 10 hereof. Such certification and waiver signed by each occupant shall be maintained by Lessee unless and until City authorizes their destruction, and shall be immediately provided to City upon request so that City can verify compliance with the income restriction requirements. Failure to comply with the requirements of this section shall constitute a material breach of this Lease.
4.3 No Nuisance. Lessee shall not maintain, cause to be maintained, or allow to be maintained on the Premises any public or private nuisance or other, including, without limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the Uniform Controlled Substances Act (Health & Safety Code Section 11570, et seq.) as currently exists or as may be amended from time to time, or the Street Terrorism Enforcement and Prevention Act (Penal Code Section 186.22, et seq.), as currently exists or as may be amended from time to time, or any other state, federal or local law.
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4.4 Compliance with Laws. Lessee agrees, at its sole cost and expense, to comply and secure compliance with all Governmental Regulations, including, without limitation, all Environmental Laws in connection with Lessee's use and occupancy of the Premises. Lessee shall not use, store, or manufacture Hazardous Materials on the Premises.
For purposes of this Section 4.4, the following terms shall have the following meanings:
"Environmental Laws" means any and all present and future federal, state and local laws (whether under common law, statute, ordinance, rule, regulation or otherwise), court or administrative orders or decrees, requirements• of permits issued with respect thereto, and other requirements (governmental authorities relating to the environment or to any Hazardous Substance or Hazardous Substance Activity (including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. §§ 9601, et seq.), as heretofore or hereafter amended from time to time ("CERCLA"), and the applicable provisions of the California Health & Safety Code and the California Water Code, and any and all successor statutes and regulations, orders, decrees, guidelines, or pronouncements promulgated there under.
"Governmental Regulations" means all laws, ordinances, statutes, codes, rules, orders, decrees, requirements, resolutions, policy statements and regulations of the United States, the state, the county, the City or any other political subdivision in which the Premises is located, and of any other political subdivision, City or instrumentality exercising jurisdiction over the City, the Lessee or the Premises (including, without limitation, those relating to land use, subdivision, zoning, environmental, labor relations, prevailing wage, notification of sale to employees, Hazardous Materials, occupational health and safety, water, earthquake hazard reduction and building and fire codes) bearing on the demolition, alteration, replacement, repair, refurbishing, improvement, construction, maintenance, management, use, or operation of the Premises.
"Hazardous Materials" means (i) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601, et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health & Safety Code Sections 25300, et seq.), as amended from time to time, and regulations promulgated thereunder; (iii) asbestos; (iv) polychlorinated biphenyls; (v) petroleum, oil, gasoline (refined and unrefined) and their respective by-products and constituents; and (vi) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Governmental Regulations either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as "hazardous" or harmful to the environment.
4.5 Management of the Premises. Lessee shall manage the Premises in a prudent and business -like manner. Lessee shall not contract out its managerial role without the express, prior written consent of the City.
4.6 Nondiscrimination and Nonseareaation. Lessee covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following condition: that there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin or ancestry, in the occupancy, Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
leasing, subleasing, transferring, use, or enjoyment of the Premises nor shall Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the occupancy, selection, location, number, use or occupancy, of Lessees, lessees, sub lessees or vendees in the Premises.
4.7 Rights of Access. The City may enter the Premises or any part thereof at all reasonable times, for the purposes of inspecting the Premises and/or the operations conducted thereon to ensure compliance with this Lease and/or for the purposes of construction, reconstruction, maintenance, repair or service of any improvements located on the Premises and/or public improvements or public facilities owned by the City and located on the Premises. Any such entry shall be made only after not less than twenty-four (24) hour advance notice to Lessee. If City exercises its rights to enter pursuant to this Section 4.7, such entry shall not constitute constructive or actual eviction of Lessee, in whole or in part, and the rent and other obligations of Lessee hereunder shall not abate while any of City's activities are being conducted.
5. UTILITIES, LIENS AND OTHER CHARGES
5.1 Utilities. Lessee agrees to pay or cause to be paid, as and when they become due and payable, all charges for water, gas, light, heat, telephone, electricity, trash collection, and all other residential utility and communication services rendered or used on or about the Premises at all times during the term of this Lease.
5.2 Liens. Lessee shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance or charge on or pledge of the Premises, or any part thereof, or Lessee's interest therein. Lessee shall notify City promptly of any lien or encumbrance which has been created on or attached to the Premises or to Lessee's leasehold estate therein, whether by act of Lessee or otherwise.
5.3 Notice of Possessory Interest: Payment of Taxes and Assessments on Value of Entire Premises. In accordance with California Revenue and Taxation Code Section 107.6(a), City states that by entering into this Lease, a possessory interest subject to property taxes may be created. Lessee shall be solely responsible for the payment of any and all taxes or assessments which may be assessed as a result of Lessee's execution of this Lease and/or occupation of the Premises.
6. OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVEMENTS
6.1 Ownership During Term and at Termination. All improvements located on the Premises, whether existing thereon at the commencement of the term of this Lease, or constructed or installed thereon by Lessee or City thereafter, shall, at the expiration or sooner termination of this Lease, be and remain the property of City. Lessee shall have no right at any time to waste, destroy, demolish or remove any of the improvements. Lessee's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease.
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6.2 Ownership of Fixtures and Furnishings at Termination. At the expiration or sooner termination of his Lease, City may, at City's election, demand the removal from the Premises, at Lessee's sole cost and expense, of all fixtures, structures and furnishings, or of certain fixtures and/or furnishings, as specified in the notice provided for below. A demand to take effect upon any termination or expiration of the term shall be effected by notice given in or concurrently with notice of such termination or within ten (10) days after such termination.
Any fixtures, structures and/or furnishings not specified by City to be removed, and (at City's election) any so specified fixtures and/or furnishings not removed by Lessee within thirty (30) days of written notice to Lessee from City to remove fixtures and/or furnishings, shall be deemed to be abandoned by Lessee and shall, without compensation to Lessee, then become City's property, free and clear of all claims to or against them by Lessee or any third person. The thirty (30) day notice provided for herein shall not be given by City until termination of the Lease is effective.
6.3 Maintenance and Repair of Improvements.
6.3.1 Lessee's Responsibilities. Lessee agrees that except as set forth in Section 6.3.2 below, Lessee shall, at its own cost, maintain and repair the entire Premises and all fixtures and furnishings thereon including all landscaping thereon and keep the same in a decent, safe and sanitary condition, all in a manner satisfactory to City and in compliance with all applicable laws. Lessee will not take or omit to take any action the taking or omission of which might materially impair the value or the usefulness of the Premises or any part thereof. All maintenance and repairs required to be performed by Lessee by this Lease shall be performed in a good and workmanlike manner, and, to the extent reasonably achievable, at least equivalent in quality to the original work.
6.3.2. City's Responsibilities. City shall perform such exterior capital repairs on the Premises as the City, in its sole discretion, determines are necessary. For purposes of this Lease, an "exterior capital repair" means any repair the cost of which will exceed Two Thousand Dollars ($2,000.00).
6.4 Waste. Lessee shall not commit or suffer to be committed any waste or impairment of the Premises or any part thereof. Lessee agrees to keep the Premises clean and clear of refuse and obstructions, and to dispose of all garbage, trash and rubbish in a manner satisfactory to City and the City.
6.5 Alteration of Premises. Lessee shall not make or permit to be made any alteration of, addition to or change to the Premises, other than routine maintenance, repairs, interior decoration and minor interior alterations, nor demolish all or any part of the Premises, without the prior written consent of City. In requesting such consent, Lessee may be requested to submit to City detailed plans and specifications of the proposed work and an explanation of the need and reasons thereof.
6.6 Damage or Destruction. Lessee agrees to give notice to City of any fire or other damage that may occur on or to the Premises within ten (10) days of such fire or damage. If the Premises shall be damaged or destroyed by any cause which puts the Premises into an Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
uninhabitable condition, as determined by City, this Lease shall automatically terminate and be of no further force and effect.
7. ASSIGNMENT, SUBLETTING, TRANSFER
Lessee shall not assign or attempt to assign this Lease or any right herein, nor make any total or partial conveyance, assignment, sublease or transfer in any other mode or form of the whole or any part of the Premises, without the prior written approval of City Administrator. Any unpermitted assignment or transfer shall be void and in violation of this Section 7 shall cause the automatic termination of this Lease.
8. INSURANCE
Required Insurance. During the term of this Lease (and for any period of holding over), Lessee shall insure, in a form and, with insurers, approved by City, and at its cost, such insurance showing City as loss payee, against the following perils:
8.1 Loss or damage to the Premises, resulting from fire, lightning, vandalism, malicious mischief, riot and civil commotion, and, in addition, those other perils that are ordinarily included in extended coverage fire insurance policies. Such insurance shall name City as an additional insured and shall be maintained in an amount not less than one hundred percent (100%) of the replacement cost of all the structures and improvements located on the Premises. All proceeds of such insurance shall constitute a trust fund to be used to repair or rebuild the Premises to its previous condition, or as agreed by City and Lessee.
8.2 Loss from liability imposed for damages on account of property damage or loss and/or personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever in connection with the Premises in the amount of at least One Million Dollars ($1,000,000.00) combined single limit. City shall be named as an additional insured on the policy. Such property damage and personal injury insurance shall also provide for and protect City and Lessee against incurring any legal cost in defending claims for alleged loss.
Evidence of insurance and the required endorsements shall be deposited with City.
All such insurance shall not be subject to cancellation, reduction in coverage, or non -renewal except after notice in writing shall have been sent by registered mail addressed to City not less than thirty (30) days prior to the effective date thereof. Losses shall be payable to City. Evidence of insurance shall be deposited with City prior to the effective date of this Lease.
8.3 Lessee shall be solely responsible for any furniture, fixtures, equipment and other items brought onto the property. In the event of a loss of any of these items for any reason, the loss shall be solely the responsibility of Lessee. Lessee may obtain separate insurance to protect itself against the loss of any of these items of personal property, in its sole discretion.
9. EMINENT DOMAIN
If all or any part of the Premises are taken through eminent domain, this Lease shall terminate for the part taken as of the date of the taking. In the event of a partial taking, either City or Lessee shall have the right to terminate this Lease by notice to the other party within thirty (30) Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
days after the date of the taking. However, except as provided hereinbelow in Section 10, Lessee's right to terminate pursuant to this Section 9 arises only if the taking substantially handicaps Lessee's ability to use the Premises as described herein.
10. INDEMNIFICATION
As a material part of the consideration to City, Lessee shall indemnify, defend (with counsel acceptable to City) and hold City harmless from any loss, damage, injury, death, accident, casualty, liability, claim, cost or expense (including, but not limited to, reasonable attorneys' fees) of any kind or character to any person or property (collectively, "Claims") arising from, or in any way related to, Lessee's use or occupation of the Premises before, during, and after the Term, the conduct of Lessee's business and/or any act or omission of Lessee, its officers, employees, agents, contractors, tenants or invitees. Lessee shall not be liable for such Claims to the extent and in the proportion that the same is ultimately determined to be attributable to the sole active negligence or intentional misconduct of City. All indemnity obligations under this Section shall survive the expiration or termination of this Lease. City shall not be liable for any loss or theft of any property on the Premises.
Lessee expressly waives any and all rights and benefits conferred upon Lessee by California Civil Code Section 1542 which states:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."
By: By:
11. DEFAULTS, REMEDIES AND TERMINATION
11.1 Defaults - General. Failure or delay by either party to perform any term or provision of this Lease constitutes a default under this Lease. The party who fails or delays must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence, and during any period of curing shall not be in default.
The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Lease, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
11.2 Legal Actions
11.2.1 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California, in any other appropriate court in that county, or in the United States District Court, Southern District of California.
11.2.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Lease. If any legal action is initiated between the parties to this Lease, venue will be in Orange County, California.
11.2.3 Acceptance of Service of Process. In the event that any legal action is commenced by Lessee against City, service of process on City shall be made as provided by law.
In the event that any legal action is commenced by City against Lessee, service of process on Lessee may be made by personal service upon an officer of Lessee and shall be valid whether made within or without the State of California, or may be made in any other manner provided by law.
11.2.4 Attorneys' Fees and Court Costs. If either City or Lessee shall bring or commence an action to enforce the terms and conditions of this Lease or to obtain damages against the other party arising from any default under or violation of this Lease, the prevailing party shall be entitled to and shall be paid reasonable attorneys' fees and costs therefor.
11.3 Rights and Remedies are Cumulative. All remedies hereunder shall be cumulative and the nondefaulting party may pursue any or all of such rights and remedies at the same time or otherwise.
11.4 Damaaes. If either party defaults with regard to any of the provisions of this Lease, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced to be cured within fifteen (15) days after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party shall be liable to the nondefaulting party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default.
City's cost in curing or correcting any default under this Lease and any expenses and/or other costs related thereto shall be repaid by Lessee within fifteen (15) days after City has dispatched notice of such costs to Lessee pursuant to Section 12.1 hereof regarding notices. As described in Section 3.2, such payment constitutes rent hereunder, and shall bear interest and otherwise be treated as described in that Section. After termination of this Lease for any reason, in any action for unlawful detainer commenced by City against Lessee, the reasonable rental value of the Premises for the period of the unlawful detainer shall be deemed to be Forty Dollars ($40.00) per day.
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11.5 City's Rights of Terminations. This Lease may be terminated by City, with or without cause, and without liability to City, on ninety (90) days prior written notice to Lessee. In addition to City's rights and remedies contained in Section 11.4, in the Event of Default by Lessee, City may terminate this Lease and revest in City the leasehold interest theretofore transferred to Lessee. Termination shall be effective upon written notice to Lessee by the City. For purposes of this Lease, an "Event of Default by Lessee" means failure by Lessee to cure or remedy within fifteen (15) days after the date Lessee shall have received notice from City (or, if it is not practicable in the opinion of City to cure or remedy such non -monetary failure or violation within such fifteen - day period, within such longer period as may be specified by City in such notice) of any of the following defaults:
11.5.1 Use the Premises for any purpose other than those provided for in this Lease or failure to operate the Premises continuously and satisfactorily (as reasonably determined by City);
11.5.2 Failure or refusal to pay to City when due the applicable rents and other sums required by this Lease to be paid by Lessee;
11.5.3 Commitment of any waste or impairment of the Premises, or any part thereof;
11.5.4 Alteration of the Premises in any manner except as permitted by this Lease;
11.5.5 Mortgage or otherwise encumbering the Premises;
11.5.6 Filing of any petition under any bankruptcy or insolvency act or law, or adjudication as a bankrupt, or making a general assignment for the benefit of creditors;
11.5.7 Abandonment or surrender of possession of the Premises, or Lessee's interest therein except as permitted in section 4.0 et seq.; or
11.5.8 Failure to perform or comply with any other material term or provision hereof.
No ejectment, re-entry or other act, by, or on behalf of, City shall constitute a termination unless City gives Lessee notice of termination in writing. No termination shall relieve or release Lessee from any obligation incurred pursuant to this Lease prior to the date of such termination.
No termination of this Lease shall relieve Lessee from the obligation to pay any sum due to City or from any claims for damages against Lessee. Damages which City may recover in the event of default under this Lease shall include, but are not limited to, the worth at the time of award of the amount by which the unpaid rent for the balance of the Lease term remaining after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided.
The right of termination provided by this Section 11.5 is not exclusive and shall be cumulative to all other rights and remedies possessed by City, and nothing contained herein Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
shall be construed so as to defeat any other rights or remedies to which City may be entitled.
12. GENERAL PROVISIONS
12.1 Notices. Demands and Communications Between the Parties. Formal notices, demands and communications between City and Lessee shall be in writing and shall be delivered by personal service, or by certified or registered mail, postage prepaid, return receipt requested, to the principal offices of the City and of the Lessee as designated in Section 1.3.1 and Section 1.3.2, respectively, hereof. Any written notice to any of the parties hereunder shall be deemed to have been duly given on the date of service if served personally or seventy-two (72) hours after the mailing. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices, demands and requests to the parties shall be sent in the same manner to such other addresses as either party may from time to time designate by mail sent thirty (30) days prior to the effectiveness of such change, as provided in this Section.
Lessee, in exchange for and in consideration of granting of the tenancy created herein by City, hereby irrevocably appoints any of the subscribing persons on behalf of Lessee hereto as its agent to receive notices serviced pursuant to California Code of Civil Procedure Section 1162 and to receive notices of City's exercise of its rights of entry and re-entry to the premises pursuant to California Civil Code Section 791. Additionally, in any unlawful detainer proceedings brought by City against Lessee, Lessee, in exchange for and in consideration of the granting by City of the tenancy in this Lease, hereby irrevocably appoints, pursuant to California Code of Civil Procedure Section 416.90, as an agent to receive service of process in such action (1) any other subscribing Lessee, or (2) any responsible person over 18 years of age found at Lessee's usual place of business, said appointment to be conditioned upon proof being made satisfactory to the court that service of the summons and complaint was made on such agent in any manner permitted by law.
The above appointments of agents for service of process shall be cumulative to and shall not in any way restrict the City from effecting service of such unlawful detainer process in any other lawful manner.
12.2 Conflict of Interests. No member, official or employee of City shall have any personal interest, direct or indirect, in this Lease, nor shall any such member, official or employee participate in any decision relating to the Lease which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested.
12.3 Nonliability of Citv's Officials and Emplovees. No member, official or employee of City shall be personally liable to Lessee, or any successor in interest, in the event of any default or breach by City or any of its agents for any amount which may become due to Lessee or successor or on any obligations under the terms of this Lease.
12.4 Inspection of Books and Records. City has the right at all reasonable times to inspect the books and records of Lessee pertaining to the Premises as pertinent to the purposes of this Lease.
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12.5 No Partnership. Neither anything in this Lease contained, nor any acts of City or Lessee shall be deemed or construed by any person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between City and Lessee.
12.6 Surrender of Premises. Upon the expiration or termination of this Lease, it shall be lawful for City to re-enter and repossess the Premises without process of law, and Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Premises peaceably to City immediately upon such expiration or termination in good order, condition and repair, and in no worse condition than the Premises were at the commencement of the Term of this Lease; provided, however, that, any provision of this Lease to the contrary notwithstanding, unless City gives Lessee written notice to vacate the Premises, Lessee may hold over from month to month on the same terms as provided herein, which proviso shall be retroactive as well as prospective. If, after delivery of such notice to vacate, Lessee holds possession of the Premises after the Term of this Lease or expiration of the holdover tenancy, Lessee shall be deemed to be a tenant -at -sufferance and, without limiting the liability of Lessee for unauthorized occupancy of the Premises, Lessee shall indemnify City and any replacement Lessee for the Premises for any damages suffered by either City or the replacement Lessee resulting from Lessee's failure to vacate the premises in a timely manner.
12.7 No Mercier. The surrender of this Lease by Lessee, or the mutual cancellation of it, shall not work a merger and shall, at the option of City, terminate all or any existing subleases or sub -tenancies, or operate as an assignment to City of all subleases or sub -tenancies.
12.8 Severability. If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
12.9 Binding Effect. This Lease, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. This Lease shall not be effective and binding until each party has executed this document (or by means of counterparts, all parties have executed this Lease), and the Lessee is in compliance with the requirements of any existing lease or tenancy. Any duty imposed by this Lease during the term hereof, including but not limited to duties to cure, indemnify and maintain, repair and/or remediate the Premises, shall survive any expiration or termination of this Lease.
12.10 Interpretation. This Lease shall be construed as a whole and in accordance with its fair meaning and as though both of the parties participated equally in its drafting. The captions contained in this Lease are merely for reference and are not to be used to construe or limit the text.
12.11 Time of the Essence. Time is of the essence in the performance of this Lease.
12.12 Warranty Against Payment of Consideration. Lessee warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for entering into this Lease.
Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
12.13 Corporate Authority. Each individual executing this Lease on behalf of a corporate or other entity or organization, represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of such corporation, entity or organization.
12.14 Administration. Unless clearly indicated otherwise, any action, decision, direction, notice or approval to be given by the City hereunder may be given by the City Administrator of City, provided, however that the City Administrator, in his/her absolute discretion may determine that such matter must be submitted to the City Council.
12.15 Counteraarts. This Lease may be executed in counterparts which, taken together, shall constitute the whole of the Agreement as between the parties.
12.16 Entire Agreement. Waivers and Amendments. This Lease constitutes the entire agreement between the parties and supersedes all agreements, representations, warranties, statements, promises and/or understandings, whether oral or written, with respect to the subject matter hereof, and no party shall be bound by any such representation, warranty, statement, promise, or understanding not specifically set forth in this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this lease on the day and year first above written.
"CITY"
CITY OF PLACENTIA
A municipal corporation and charter city
By:
Damien R Arrula, City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian Bettenhausen, City Attorney
Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
"LESSEE"
HOMELESS INTERVENTION SERVICES OF ORANGE COUNTY
California non-profit corporation
By:
Carrie Buck, Executive Director
Lease with Homeless Intervention Services of Orange County 336 W. Santa Fe Avenue
EXHIBIT A
SITE MAP
336 W. Santa Fe Avenue, Placentia, CA 92870
APN: 339-392-05
tAit
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-
r -120
9 336 W. Santa Fe
Avenue
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FP
•
1 Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF FINANCE
DATE: JULY 19, 2022
SUBJECT: AGREEMENT WITH PLANETBIDS, INC. FOR E -PROCUREMENT AND
CONTRACT MANAGEMENT SOFTWARE SYSTEM
FISCAL
IMPACT: EXPENSE: FISCAL YEAR 2022-23 - $31,150.00
FISCAL YEAR 2023-24 - $26,419.50
FISCAL YEAR 2024-25 - $27,212.09
BUDGET: $ 31,150.00 General Fund (101523-6136)
SUMMARY:
The City has relied on a manual process for the procurement of goods and services for many years. In an effort to improve efficiencies, Staff is recommending transitioning to an online, Cloud -Based e -Procurement System.
The PlanetBids' eProcurement system simplifies the process of doing business with the City by providing vendors with a searchable on-line database of current bid and proposal solicitations.
Additionally, vendors wanting to do business with the City may create a profile that allows them to be notified automatically when the City is soliciting proposals for commodities and services they provide.
In recent years, PlanetBids has expanded their system beyond bid management to include additional capabilities such as vendor management, advanced ebidding, evaluation management, insurance certificate management and contract management. These additional capabilities would greatly improve the City's ability to identify and reach potential bidders, enhance competition, eliminate the potential for errors in bid evaluation scoring, prequalify vendors for as -needed work, enhance transparency in the City's procurement practices and save substantial staff time.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the Support Services Agreement with PlanetBids, Inc. for an initial term of three (3) years with two (2) optional one (1) year extensions at the City's discretion for $84,782; and
1.o.
July 19, 2022
City Council Agenda
July 19, 2022
2. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
DISCUSSION:
The City's purchasing division endeavors to procure supplies, services and equipment in a manner that provides full and open competition and in accordance with applicable laws and purchasing procedures. The City's Purchasing Officer is further tasked with continually identifying, evaluating and utilizing purchasing methods that best meet the needs of the City and keeping informed of current developments in the field of Public Purchasing, including the increased reliance on eProcurement systems by many local agencies.
The City has relied on a manual process of inviting known vendors and posting solicitations on the City's website to advertise bids and request for proposals (RFPs) for several years. This process requires bids and proposals to be either emailed to the Purchasing Officer, or a hard copy physically delivered in person to City Hall. Sealed bids are required to be opened in public and witnessed by the City Clerk, a practice that was particularly difficult to coordinate during the pandemic.
The e -procurement system will allow vendors who register with the City of Placentia's PlanetBids portal to automatically be notified of new bidding opportunities as they are posted, ask questions, download all necessary documents, and submit their bids directly into the PlanetBids system. This change will eliminate issues associated with large files not being delivered correctly and/or being delivered late, provides the vendor with an immediate confirmation that all documents were received, and will require acknowledgement of any addenda prior to submission of all documents, resulting in significant saving of staff time and reduce opportunities for bid protests.
As part of the City's continued desire to streamline the procurement process, ensure a fair and competitive system and to comply with industry best practices, City Staff has researched additional capabilities of the PlanetBids web -based system and desires to also implement the following modules:
Vendor and Bid Management
The Vendor and Bid Management module will enable vendors to register online, receive notifications of all bid opportunities, confirm vendor certifications, submit proposals, and register as a local and/or minority owned business. In addition, bid management will allow the City to issue bids and RFP's, solicit quick quotes, respond to questions, document all communications related to a specific bid including requiring digitally signed addenda, and allow prospective bidders to review all information on current and past solicitations including bid results.
Advanced eBidding
The Advanced eBidding module is an add-on that is specifically designed to manage construction and public works contracts. This module maintains a bid specification library, can
City Council Agenda
July 19, 2022
restrict bidders to only those that have been pre -qualified, identify and manage subcontractors, communicate mandatory pre -bid meetings, and includes robust ad -hoc reporting, analysis and audit capabilities. It also contains an electronic lock box feature, which maintains sealed electronic bids in accordance with all rules and regulations, eliminating the need for in -person public bid openings.
Evaluation Management
The Evaluation Management module would enable the City to conduct the evaluation of bids and proposals entirely online. It allows the Purchasing Officer and the evaluation committee to fairly assess a proposer's ability to effectively execute a contract and identify the best proposal.
The module allows the Purchasing Officer to assign evaluators, set evaluation criteria, attach related documents, build scoring measures, communicate, automatically tabulate scores and qualify the most responsive bidder. Technical qualifications, proposal, cost, preference, and presentation can be evaluated objectively, while documenting the entire decision -making process.
Insurance Certificate Management
The Insurance Certificate Management module enables risk managers, as well as procurement, public works and contract administrators to automate, maintain, and retrieve up-to-date and relevant information regarding vendor insurance certificates. In addition, it allows vendors to upload and maintain their own insurance information in an entirely paperless environment.
Vendors can view the necessary insurance requirements established by the City and submit their insurance details, including any required documents such as ACORD Certificates and Endorsements, all online.
eBonding - In addition to managing insurance documents, PlanetBids also offers the ability for vendors to submit construction bonds entirely online as well at no cost to the City. This feature further expands the ability of the City and the business community to operate in a safe, socially distant manner while still complying with all purchasing and contract requirements.
Contract Management
This module enables contract administrators, procurement, and public works to maintain and retrieve up-to-date relevant information regarding contracts greatly reducing the need to search through multiple documents or files. Features include tracking subcontractor information, automating emails with deadline alerts, providing an online repository for all contract materials, reporting capabilities as well as the ability to integrate with DocuSign to execute agreements faster.
All of the above modules would enable the City to automate the procurement process, enhance transparency and competition in the market, ensure objectivity in bid and proposal scoring and bring the City up to date with industry best practices. In addition, it would save significant staff time in allowing for the evaluation process to be conducted online, allowing vendors to directly update their profiles and insurance information and allowing the City to significantly improve efficiency.
City Council Agenda
July 19, 2022
Waiver of Bidding
Placentia Municipal Code Section 3.08.070(6) provides that competitive bidding may be waived when "the commodity can be obtained from only one (1) vendor". PlanetBids is the only eProcurement software with all of the City's desired capabilities and is the system of choice for most of our surrounding agencies, providing familiarity and consistency for the business community.
FISCAL IMPACT:
The cost of the agreement over the three-year term is outlined by module below. These costs will be partially offset with the receipt of more competitive bid pricing and saving of staff time.
Funding for the first year is included in the Fiscal Year 2022-23 Budget Account 101523-6136 and future funding will be included in future fiscal years' budgets.
Module
One -Time
Setup Fee
FY22/23
FY23/24
FY24/25
FY25/26
(Optional)
$6,419.77
FY26/27
(Optional)
$6,612.36
Vendor Mgmt.
$3,500
(Discounted
from $8,500)
$5,875
$6,051.25
$6,232.79
Evaluation
Mgmt.
_ $500
$3,750
$3,862.5
$3,978.38
$4,097.73
$4,220.66
Advanced
e -bidding
$500
$4,500
$4,635
$4,774.05
$4,917.27
$5,064.79
Quick Quote
Incl.
_ $575
$592.25
$610.02
$628.32
$647.17
Insurance
$500
_ $4,875
$5,021.25
$5,171.89
$5,327.04
$5,486.86
Contracts
$500 _
$4,575
$4,712.25
$4,853.62
$4.,999.23
$5,149.2
Docusign
add-on
Incl.
$1,500
$1,545
$1,591.35
$1,639.09
$1,688.26
Total
$5,500
$25,650
$26,419.5
$27,212.09
$28,028.45
$28,869.3
Prepared by:
Jennife La pman
Director of Finance
Attachment:
PlanetBids Software Agreement
Review d a • .! • roved:
Damien R. Arru
City Administrator
PLANETBIDS
Innovative eProcurement Solutions
13263 Ventura Blvd., Suite 101 • Studio City, CA, 91604 • (818) 992-1771 PB System TM
SUPPORT SERVICES AGREEMENT
This SUPPORT SERVICES AGREEMENT ("Agreement"), which describes the terms and conditions applicable to your use of the PlanetBids Online Support Services, is made and entered as of into the 8th day of June 2022, by and between PLANETBIDS, INC., a California corporation, ("PlanetBids") and the following customer ("Customer") for the period from 7-25-2022 to 7-24-2025:
Customer Name: City of Placentia
Street Address 401 East Chapman Avenue
City, State ZIP Placentia, CA 92870
Department: Finance
Principal Contact: Jennifer Lampman
Title: Finance Director
Phone & Email: 714.993.8229, [email protected]
Method of Payment: Net 30 days
THEREFORE, PlanetBids and the Customer agree as follows:
1. PlanetBids Services. Upon acceptance of this Agreement, PlanetBids shall provide the following Support Services to Customer, subject to the terms and conditions of this Agreement and as more fully described in Exhibit "A".
a) "Services" shall include one or more of the following PlanetBids PB System TM modules or features if, and only if, listed in Exhibit "A" hereto:
(i) use of the PlanetBids "PB System TM" by a specific number of Customer licensed System users
(ii) Additional Customer licensed module users
(iii) Vendor management and Bid management modules for vendor registration, posting and tracking Bid Requests and other information on Customer's website or private internet network, and, at Customer's option, to process and distribute Bid Requests to additionally available PlanetBids suppliers within their selected categories
(iv) Advanced eBidding for Public Works add-on module
(v) Evaluation Management add-on module
(vi) Business Certification module
- Prequalification Management (CUPCCAA or Standard version) - Business Forms
(vii) Contract Management module
1 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
(viii) Insurance Certificate Management module
(ix) Insurance Certificate Management with My Insurance module (x) Emergency Operations module (agency -wide access)
(xi) Access and use of the PlanetBids "Outreach" database Customer shall not have access or use of any modules or features not listed in Exhibit "A"
b) PlanetBids shall have access and the right to market or otherwise promote its services to any vendor or supplier of Customer that registers with PB System TM via Customer's site on the PlanetBids PB System TM. PlanetBids will not sell any Customer data to any third parties without a written consent from Customer.
c) Internet related equipment by its nature, is not fault tolerant, but PlanetBids will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, excluding downtime for scheduled and unscheduled maintenance, and (2) will promptly investigate any technical problems that Customer reports. PlanetBids cannot, however, guarantee continuous service, service at any particular time or the integrity of data transmitted via the Internet. Further, PlanetBids shall not be responsible for the inadvertent disclosure, corruption or erasure of data transmitted, received or stored on the PB System TM
d) PlanetBids may make improvements and/or amendments to the PB System TM at any time, and may provide other optional services, including enhanced versions of standard features or functions, for an additional fee as agreed in advance by the Customer. Any and all relevant portions of these terms and conditions will automatically apply to all such improvements, amendments and/or optional services as they appear.
PlanetBids does not guarantee that use of the Services will produce any quotes, business opportunities or other information helpful to the business of Customer, nor does it guarantee that any contact provided will be adequate or best suited for any transaction.
2. Fees and Payments.
Support Fees. Customer agrees to pay PlanetBids set up and services fees as set forth in Exhibit "B" hereto.
a) Additional Services; Fees. If requested by Customer, PlanetBids will provide any or all of the following additional services at the fees set forth in Exhibit "B":
1) Customization work in addition to standard set-up shall be contracted in the following manner and at PlanetBids' current standard rates: (a) Customer shall submit a written request describing the proposed project; (b) PlanetBids conduct a feasibility and assessment of the project and the work required, (c) if the project is technically feasible, PlanetBids will submit to Customer a written estimate setting forth the price, estimated schedule and any conditions of the project.. PlanetBids shall not proceed until approval is received in writing from Customer.
2) Training to Customer's designated users, in addition to that provided pursuant to Section 2(a)(1), is available at rates set in Exhibit "B". 3) For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer's website on a daily basis. The duration of such data retained will be for a minimum of 7 years and determined by PlanetBids in its sole discretion thereafter. However, Customer may, during the term of this Agreement, access and retrieve data in text delimited Microsoft Excel 2 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
format and documents, at no cost. Additional Services related to the retrieval or restoration of any of Customer's data from such back-up files are available, if necessary, at rates set forth in Exhibit "B". b) Purchase Orders/Billing. Purchase orders, billing or any related matters must be emailed to [email protected] or mailed to the following address; PlanetBids, Inc.
13263 Ventura Blvd., Suite 101
Studio City, CA 91604
Attn: Alan Zavian
3. Use of Services.
a) The compilations of data and content contained in the PlanetBids "Outreach" database is the proprietary information of PlanetBids. PlanetBids grants to Customer a non- exclusive right to use Outreach compilations solely in connection with bids and procurements solicitated using the PlanetBids PB System TM Vendor Management and Bid Management.
Customer agrees that it will not copy, use, or access the Outreach compilations for any other purpose or for use in connection with any other bid or procurement solicitation service. In addition, Customer agrees to use information obtained through the Services only as necessary to the transaction of Customer and shall not use the Services for the benefit of any third party. b) PlanetBids is not responsible for the content and/or transactions that Customer post on or through the Services. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content that uses the Services and, in addition to other remedies for breach provided in this Agreement, to remove content which PlanetBids determines to be illegal, offensive, harmful or otherwise in violation of its operation policies.
1) Customer agrees to comply with all applicable laws, ordinances and regulations and prudent business practices related to the use of Services; and not make any unauthorized commercial use of the Services or of the PlanetBids name, marks or logos. Further, Customer agrees to not use the PlanetBids websites to (i) post information anonymously or under a false name; (ii) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, such as inducements to conduct that would constitute a criminal offense or give rise to civil or other liability, (iii) post the name of or otherwise identify or reference any service or entity that provides a service competitive to the Services.
2) If Customer uses standard identification codes, PlanetBids shall have the right to request for inspection an original copy of such codes and any necessary authorizations for use. If such identification codes are proprietary codes of third parties, such as NIGP, SIC or CSI, it shall be the responsibility of Customer to obtain the necessary licenses and Customer indemnifies and holds harmless PlanetBids from the unauthorized use or publication of any such identification codes with respect to the Services.
3) It shall be the responsibility of Customer to collect and pay any taxes, duties, imposts, or tariffs that are applicable to sales via the Services. c) Although the Customer's solicitation, bid and contract information is collected, processed, managed and stored on the PlanetBids PB System TM , PlanetBids does not control or monitor any of such information or processes and is not aware of the specific uses thereof by the Services, Customer hereby releases, indemnifies, and holds harmless PlanetBids and its 3 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
agents, employees, and affiliates from all claims, demands, costs and damages (actual and consequential) of every kind and nature arising out of or related to the communications or Bid Requests and the completed or uncompleted transactions of Customer utilizing the Services.
4. Warranty.
a) PlanetBids warrants that (i) the performance of Services by PlanetBids shall comply with all applicable federal, state, county and local laws and ordinances, and the PlanetBids PB System TM will comply with all applicable safety regulations and codes, (ii) all Services to be performed hereunder will be performed in a professional and workmanlike fashion and will comply with industry standards, (iii) the PlanetBids PB System TM does not infringe or violate any third party patent, copyright or other intellectual property, (iv) the PlanetBids PB System TM will be free from any liens, encumbrances or claims, and for a period of 90 days initial access by Customer, will conform in all material respects to applicable specifications and product descriptions. Further, PlanetBids will not knowingly include therein any malicious code designed to disrupt or otherwise impair the operation of the Services or to permit any surreptitious collection of information. b) PLANETBIDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN MADE
AWARE IN ADVANCE OF SUCH POTENTIAL RISK, NOR ANY WARRANTY REGARDING
THE ACCURACY, LIKELY RESULTS, OR THE RELIABILITY OF ANY SITES LINKED INTO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLANETBIDS HEREUNDER EXCEED $2,000,000.00
c) Customer represents and warrants (a) the Customer information provided is current, complete, and accurate, (b) that the person signing this Agreement is authorized to bind Customer, (c) Customer will update the information (including credit card information, if applicable) as required to keep such information current, complete and accurate. PlanetBids may, in its sole discretion, cancel or terminate this Agreement if Customer has willfully violated its obligations hereunder.
5. Indemnity. Each party will indemnify and defend and hold harmless the other party from and against all claims, liabilities, damages, and expenses, including reasonable attorney fees, arising out of any property damage, personal injury, or death, sustained by such other party as a result of the gross negligence or willful misconduct of the indemnifying party or its agents or employees.
6. Termination.
a) Termination for Cause. This Agreement may be terminated by either party by providing the non -terminating party with no less than forty-five (45) business days written notice (and reasonable opportunity to cure) upon the occurrence of any breach of any material term or condition of this Agreement or any representation or warranty herein. b) Termination Other Than for Cause. Customer may terminate this Agreement without cause by giving PlanetBids no less than sixty (60) days written notice before the effective date of such termination. In such case, the effective date of termination shall be the anniversary of the date for Year 3 and Year 4 of this Agreement that first occurs following the end of the foregoing notice period to each consecutive year. Any payments made by Customer for actual or subsequent years are non-refundable.
4 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
7. Confidentiality.
a) PlanetBids will take reasonable measures not to disclose website communications or information about its Customers, except to the extent that PlanetBids believes in good faith that such action is within the scope of the Services or reasonably necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate interests of PlanetBids or its customers. Notwithstanding the foregoing, all communications directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. b) Notwithstanding the foregoing, PlanetBids will have the right to use Customer's name (but not copyrighted, trademarked or service marked logos and marks, without the consent of the Customer) only (i) in the performance of the Services, (ii) to list Customer as a prospective user of products and services in the PlanetBids "Outreach" database, and (iii) to identify Customer as a customer and/or user of the Services in PlanetBids marketing materials and on its website. Further, PlanetBids may use any voluntary feedback of Customer on PlanetBids performance, services or products for any reasonable business purpose that is not injurious to Customer.
8. Copyright Protection. The PB System TM and PlanetBids' date formats and compilations are protected by worldwide copyright laws and related international treaties, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described herein. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
a) Customer shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose the Services, website content, internal functions of the PB System TM or any other PlanetBids tools. Customer shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software or tools accessible or available through the Services. b) Special use requests should be sent to customerservice(a�PlanetBids.com.
Permission to use shall be granted in the sole discretion of PlanetBids.
9. Security.
(a) The PlanetBids ordering and posting processes are protected by the Secure Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of the PlanetBids server before allowing a transaction to be completed. It is recommended that Customer use the latest browsers to ensure that the SSL protocol is acceptable, and you are protected by advances in security technology. For more detailed information, please refer to the PlanetBids Privacy Policy.
(b) Password -protection techniques will be provided to restrict access under Customer's account to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER,
THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND
PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS. Customer shall always maintain as confidential its usernames and passwords. If Customer is a corporation or other business entity, then it may allow employees to use its username and password, but the Customer shall be responsible for all 5 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
activity and charges incurred by such employees. Permitting third parties to use the Services is prohibited and a violation of this Agreement.
(c) If a security breach occurs with respect to any account, the Customer must immediately change its password and notify PlanetBids at [email protected].
Customer shall be liable for any unauthorized use of the Services until PlanetBids is notified of the security breach.
10. Other Provisions.
a) Notices. PlanetBids shall provide notice to Customer via email, or (at its discretion) via certified U.S. Mail, to the address provided in this Agreement or such other address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via email to [email protected], with a copy sent via certified U.S. Mail to the address on the membership registration. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received. b) Assignment. Customer shall not assign this Agreement or any of its rights or obligations without the prior written consent of PlanetBids, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns.
c) No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions shall remain in full force and effect.
d) Governing Law. The interpretation and enforcement of this Agreement shall be governed by laws of the United States of America and the State of California, excluding its choice of law rules and subject to the exclusive jurisdiction of the court located in Los Angeles County, California.
e) Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, pandemic, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids.
- Signature Page on Next Page -
6 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
- Signature Page -
AGREED effective as of the date first written above.
PLANETBIDS, INC. Customer: City of Placentia
By: By:
Alan Zavian, Chief Executive Officer Rhonda Shader, Mayor (Date) (Date)
7 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
EXHIBIT "A"
STATEMENT OF WORK
FOR SETUP, IMPLEMENTATION AND TRAINING
1. Customer System Configuration:
Services available to Customer shall be utilized by the Public Works, Finance and Administrative Services Departments and shall include:
A. Access for up to two (2) full licensed users of Customer to the following module(s) of the PlanetBids "PB SystemTM":
(i) Vendor management and Bid management modules
(ii) Advanced eBidding for Public Works (add-on module to Bid Management) (iii) Project Evaluation Management (add-on module to Bid Management) B. Access for up to ten (10) licensed users of Customer to the following module(s) of the PlanetBids "PB SystemTM":
(i) Contract Management module
(ii) DocuSign add-on to Contract Management (requires an account with DocuSign) (iii) Insurance Certificate Management with My Insurance module C. Access for up to one (1) licensed users of Customer to the following module(s) of the PlanetBids "PB SystemTM":
(i) Quick Quote (a function in Bid Management)
D. Access and use of the PlanetBids "Outreach" database for no additional cost.
2. PB System TM Access Services:
PlanetBids rate for maintaining the PB System TM vendor and bid management is based upon an unlimited number of monthly transactions (Bids) and up the number of user licenses acquired by Customer. PB System TM Access Services include the following:
• System Administration — PlanetBids will be responsible for system and data back-ups, disaster recovery, system reliability, availability, privacy, and security • Hosting Infrastructure — PlanetBids will be responsible for hosting PB System TM maintaining the network, hardware, and software infrastructure • Customer Service — Is available from 8:00 a.m. to 5:00 p.m. PST, Monday through Friday (see Help Desk definition below)
• Account Management — PlanetBids will provide a dedicated Account Manager for post - sales support, PB System TM questions.
3. PB System TM Set-up, Implementation and Training:
• PlanetBids will initially install for Customer the specified number of licensed PB System TM users
8 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
• PlanetBids will provide a 2.5 -hours training online for PB System TM Vendor Management and Bid Management modules, and Advanced eBidding for Public Works add-on module • PlanetBids will provide a 1.0 -hour training online for PB System TM Project Evaluation Management module
• PlanetBids will provide a 1.0 -hour training online for PB System TM Contract Management module. Includes training for DocuSign integration, an add-on to Contract Management • PlanetBids will provide a 1.0 -hour training online for PB System TM Insurance Certificate Management with My Insurance module
4. PB System TM set-up, implementation and training consists of the following:
A. Initial program definition
The PlanetBids implementation manager will work with one (1) designated Customer project manager to develop a roadmap for system implementation. The implementation manager will define and present a project management schedule to the Customer project manager.
Customer will be required to submit information according with the project management schedule. Upon completion and review of the PB System TM by Customer, online training will be scheduled and performed.
B. System implementation and administration
PlanetBids will enter and configure Customer requirements into PB System TM for each licensed user access for Customer.
The following implementation services will be provided:
a. Link from and to Customer's procurement web page.
b. Configured online vendor registration and ability to have vendors maintain their profiles.
c. Complete management tools access to all users (i.e., buyers, project managers...). d. Customer specific database.
e. Complete bid management from bid submission to awarding. f. Electronic bidding - Vendors submit bid quotes/responses online; Buyers analyze bid responses and award.
g. Daily backups.
h. PB System TM users and vendor support for the duration of the contract.
5. Professional Services
PlanetBids will provide consulting services for custom reports or PB System TM customizations, specific to Customer, not covered by this Statement of Work at an additional charge. Additional consulting services requested in writing by Customer will be billed at the rates set forth in Exhibit "B". No work will begin on professional services before a mutually agreed -upon statement of work is completed.
6. Help Desk
The PlanetBids Help Desk is available for support (as defined below) via our telephone number (818) 992-1771, from 8:00 am to 5:00 pm PST, Monday through Friday. Online support, as well as on-line help services are also available at https://solutions.planetBids.com/support .
To provide instant service to vendors and contractors, PlanetBids recommends Customer to initiate or provide basic "Level 1" support although PlanetBids will provide Level 1 or Level 2 support at any time:
9 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
• A Level 1 support representative will attempt to answer most or all questions, including help to vendors with simple problems (edit profile, etc.) or general "how-to" questions (search functionality, bidding, etc.). PB System TM related questions by Vendors/Contractors that cannot be answered or supported by Customer should be directed to a PlanetBids support representative. More complex, technical questions should be directed to a Level 2 PlanetBids support representative. • A Level 2 support is more technical in nature. Level 2 questions may, for example, deal with Customer users (i.e., PB System TM administrative users including buyers, project administrators, etc.) or with password issues requiring special assistance, or with possible product bugs or failures. In this case, some research and investigation may be required.
7. User License(s) Management
It is the responsibility of Customer to monitor and maintain usernames and passwords if and when a licensed user of the PB System TM needs to be reassigned to a new user within the Customer's organization.
10 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
EXHIBIT "B"
FEES AND PAYMENTS
a. Support Fees. Customer agrees to pay PlanetBids a total of $31,150.00 for Year 1.
Payment for Year 1 shall be due and payable 30 days from the time of execution of this Agreement. The fees for each Year 2, Year 3, optional Year 4, and optional Year 5, as outlined in Table (A) below and are payable in advance within 30 days of the first day of each such year. Any payments made by Customer for actual or subsequent years are non-refundable.
1) Set -Up Fee. Customer agrees to pay a set-up fee of $5,500.00 for the PB System TM installation, configuration, and testing of the PB System TM portal link to Customer's website, plus administrator set-up and one-time online user training for up to the number of user licenses and additional modules as outlined in this Agreement and Exhibit "A".
2) Service Fee Payment. Customer agrees to pay for the use of the PB System TM modules; a service fee of $25,650.00 for Year 1 of this Agreement, and for each Year 2, Year 3, optional Year 4, and optional Year 5 as outlined in Table (A). A three (3) percent increase in fees applies upon renewal each year.
Table (A)
TM
PB System MODULES
SETUP
YEAR 1
2022-2023
YEAR 2
2023-2024
YEAR 3
2024-2025
YEAR 4
2025-2026
(Optional)
YEAR 5
2026-2027
(Optional)
Vendor Management & Bid Management
(2 Full User Licenses)
$3,500.00
$5,875.00
$6,051.25
$6,232.79
$6,419.77
$6,612.36
Advanced eBidding for Public Works
(Add-on to Bid Manacement)
$500.00
$4,500.00
$4,635.00
$4,774.05
$4,917.27
$5,064.79
Quick Quote
(1 User License)
$0.00
$575.00
$592.25
$610.02
$628.32
$647.17
Project Evaluation Management
(2 User Licenses)
$500.00
$3,750.00
$3,862.50
$3,978.38
$4,097.73
$4,220.66
Insurance Certificate Management
With My Insurance
(10 User Licenses)
$500.00
$4,875.00
$5,021.25
$5,171.89
$5,327.04
$5,486.86
Contract Management
(10 User Licences)
$500.00
$4,575.00
$4,712.25
$4,853.62
$4,999.23
$5,149.20
DocuSign add-on to Contract
Management
(Recuires Account from DocuSicn)
$0.00
$1,500.00
$1,545.00
$1,591.35
$1,639.09
$1,688.26
Sub -Total
$5,500.00
$25,650.00
$26,419.50
$27,212.09
$28,028.45
$28,869.30
TOTAL
$31,150.00
$26,419.50
$27,212.09
$28,028.45
$28,869.30
b. Additional Services. If requested by Customer in writing, PlanetBids will provide any or all of the following additional services. The following rates are current as of the date of this Agreement but are subject to an increase of not more than 10% per year after the first year of this Agreement.
1) Training: $750.00, for a single online training session of up to 2 -hours. 2) Data Retrieval and Restoration: $145.00 per hour, unless otherwise quoted for a specific project.
3) For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up copy of all data appearing on Customer's 11 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
website on a daily basis. The duration of such data retained will be for a minimum of 7 years and determined by PlanetBids in its sole discretion thereafter. However, Customer may, during the term of this Agreement, access and retrieve data in text delimited Microsoft Excel format and documents, at no cost. Additional Services related to the retrieval or restoration of any of Customer's data from such back-up files are available, if necessary, at PlanetBids current standard rates, which will vary depending on the level of services required, but not less than $145.00 per hour.
12 Copyright © 2022 PlanetBids, Inc. Agreement #: R220722-25
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPOR
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF COMMUNITY SERVICES
JULY 19, 2022
RESOLUTION AUTHORIZING THE TEMPORARY SUSPENSION OF
REGULATORY ORDINANCE PERTAINING TO THE OPERATION OF THE
PLACENTIA ROTARY CLUB COWABUNGA FUNDRAISER EVENT ON
SATURDAY, SEPTEMBER 17, 2022 AT KRAEMER MEMORIAL PARK
FISCAL
IMPACT: NONE
SUMMARY:
Prior to the COVID-19 pandemic, the Placentia Rotary Club (Rotary) held their annual Cowabunga Fundraiser event at Kraemer Memorial Park. The Cowabunga Fundraiser was very successful when the Rotary hosted the event at Kraemer Memorial Park due to the excellent working relationship between the City of Placentia and the Rotary.
This year, the Rotary is requesting to partner with the City again to plan and implement the Cowabunga Fundraiser event to be held on Saturday, September 17, 2022, from 3:00 p.m. to 8:00 p.m. at Kraemer Memorial Park, located at 201 N. Bradford Ave.
The Event will encompass a large portion of the open park space and include food areas, a beer and wine garden, and a live band performance. The sale and consumption of alcohol on public property and the use of amplified sound requires the temporary suspension of certain City regulatory ordinances.
This item requests the adoption of a resolution temporarily suspending certain regulatory ordinances of the Placentia Municipal Code to allow for music and alcohol to be permitted at the Cowabunga Fundraiser event in collaboration with the Rotary located at Kraemer Memorial Park from 3:00 p.m. to 8:00 p.m. on Saturday, September 17, 2022. Staff supports hosting Cowabunga at Kraemer Memorial Park and recommends approval of the event. Furthermore, to comply with the Centers for Disease Control (CDC) recommended COVID-19 safety protocols, the event will follow guidelines as recommended by the Health Department should any new guidelines be placed on events prior to the event date.
1.p.
July 19, 2022
City Council Agenda
July 19, 2022
RECOMMENDATION:
It is recommended that the City Council take the following action:
1. Approve an agreement in a form approved by the City Attorney with the Placentia Rotary Club to host the annual Cowabunga fundraising event at Kraemer Memorial Park and authorize the City Administrator or designee to execute all applicable documents; and
2. Adopt Resolution No. R-2022-51, A Resolution of the City Council of the City of Placentia Authorizing the Temporary Suspension of Regulatory Sections 10.28.010 and 23.76.050 of the Placentia Municipal Code for the operation of the Cowabunga fundraising event on September 17, 2022, from 3:00 p.m. to 8:00 p.m. at Kraemer Memorial Park located at 201 N. Bradford Ave.
DISCUSSION:
The Placentia Rotary Club held their Cowabunga event at Kraemer Memorial Park for many years prior to the COVID-19 pandemic and is again requesting to hold the event in collaboration with the City on Saturday, September 17, 2022. The goal of the Cowabunga event is to raise funds for community activities and programs in Placentia.
The event would occur between the hours of 3:00 p.m. and 8:00 p.m. The fundraising portion of the event will include food and a beer and wine garden. Proposed alcohol sales will be conducted during the event and will require proof of valid identification. It is expected that the event would draw up to four hundred (400) participants.
The attached resolution suspends (for the duration of the event) the Municipal Code sections pertaining to the controlled use of alcohol on public property and to the use of amplified music which may exceed the noise standards during the Cowabunga Fundraiser event. The Rotary shall agree to follow all City guidelines, obtain all necessary permits, and follow associated regulations from the State Department of Alcohol Beverage Control (ABC) and Orange County Health Department (OC Health). City staff supports the implementation of the Cowabunga Fundraiser event as an opportunity to provide families a fun and safe environment.
Furthermore, the Rotary will continue to monitor State and County guidelines regarding safe operation of the event following the reopening of the State after the COVID-19 pandemic and will be required to comply with the Centers for Disease Control (CDC) recommended COVID-19 safety protocols and follow guidelines as recommended by the Health Department.
FISCAL IMPACT:
Per the City's Facilities Use Policy (Policy No. 815), the Director of Community Services maintains the discretion to waive facility use deposit fees for the benefit of the community programs and events. As identified by the Rotary, all proceeds from the Cowabunga Fundraiser event will support programs in Placentia further enhancing the quality of life of the Placentia community.
City Council Agenda
July 19, 2022
Staff supports the implementation of the event and recommends following Policy No. 815 and waiving the facility use deposit fees. The Director may not waive facility use fees or staff fees.
Given the benefit of this community event, Staff also recommends the City Council approve a fee waiver of the facility use fees and staff fees. A Memorandum of Understanding (MOU) between the City and the Rotary will be required for the implementation of the event. Details of the MOU will include the requirement for the Chamber to name the City as additionally insured for use of Kraemer Memorial Park, provide all staff and volunteers for the event, and rent all necessary equipment for the event at their own expense.
Prepared by:
Veronica Ortiz
Community Services S pevisor
Damien R. Arrula
City Administrator
Review! and appr ved by:
PA- AL,'
Karen Crocker
Director of Community Services
Attachments:
1. Resolution R-2022-51
2. Placentia Rotary Club Letter requesting event approval
3. MOU between the City and Rotary for the implementation of the event
RESOLUTION NO. R-2022-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA AUTHORIZING THE TEMPORARY
SUSPENSION OF REGULATORY ORDINANCE SECTIONS
23.76.050 AND 10.28.010 OF THE PLACENTIA MUNICIPAL
CODE FOR THE OPERATION OF THE COWABUNGA
FUNDRAISER EVENT ON SEPTEMBER 17TH AT KRAEMER
MEMORIAL PARK, 201 N. BRADFORD AVE.
A. Recitals.
(i) The City of Placentia adopted Ordinance No. O-2008-10 which amended Title 1 of the Placentia Municipal Code by adding Chapter 1.14 allowing the City Council the discretion to temporarily suspend specific Ordinances during special events when it has been determined that the public welfare and interest will be served by such suspension.
(ii) The City Council finds that certain events of broad public interest may benefit the City and the City's economy by attracting large numbers of visitors, by generating favorable publicity, and by enhancing a marketable image for the City.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The City temporarily suspends Placentia Municipal Code Section
23.76.050 relative to use of amplified music which may exceed the noise standards during the Cowabunga Fundraiser event at Kraemer Memorial Park on September 17th from 3:00 p.m. to 8:00 p.m., 201 N. Bradford Ave.
3. The City temporarily suspends Placentia Municipal Code Section
10.28.010 relative to the controlled use of alcohol in a public place during the Cowabunga Fundraiser event at Kraemer Memorial Park, 201 N. Bradford on September 17th from 3:00 p.m. to 8:00 p.m.
4. The specified sections of the Placentia Municipal Code (Sections
23.76.050 and 10.28.010) shall remain in full force and effect throughout the remainder of the City.
5. This Resolution shall take effect from and after its date of adoption.
RESOLUTION NO. R-2022-52 ATTACHMENT 1
PASSED and ADOPTED this 19th day of JULY 2022.
RHONDA SHADER, MAYOR
ATTEST:
ROBERT MCKINNELL, CITY CLERK
I, ROBERT MCKINNELL, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 19th day of JULY 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ROBERT MCKINNELL, CITY CLERK
APPROVED AS TO FORM:
CHRISTIAN BETTEHNAUSEN, CITY ATTORNEY
RESOLUTION NO. R-2022-52 ATTACHMENT 1
Dear Members of the Placentia City Council, June 14, 2022 The Rotary Club of Placentia received a charter from Rotary In- ternational on December 7, 1936, to form our club, this is our 87th an- niversary. During the past 87 years, the club has contributed to the fami- lies, children and schools in Placentia.
This year we provided $21,000.00 in scholarships to graduating seniors, meals for less fortunate families from the Whitten Center area, Train and candy for the children and families attending Easter Egg-Citement, Placentia -bags of emergency hygiene products for individuals in situa- tions where they need a hand up, flagpole & flags @ Bradford Park, tree dedication to Bradford Park, pancake breakfast @ Heritage Day, back- packs for the children from LOT 318, welcome home barbecue for the seniors returning to the Senior Center in July, the Community Prayer Breakfast, partnering with the Placentia Round Table Women's Club, cookie decorating @ the Whitten Center, a visit with Santa Claus @ the Tamale Festival.
For the past 12 years, our annual fundraiser, Cowabunga, has been held to raise the necessary funds to accomplish these lofty goals. We are hoping the city will consider supporting our efforts to once again con- duct this necessary fundraiser on Saturday, September 17, 2022, at Kraemer Memorial Park.
We would plan for 350-400 attendees, there would be food available, beer and wine, a silent auction and a live band. We are all volunteers and all 31 members of the club participates in one manner or another.
The timing for this fun event would be 3-8 PM, with set up in the earlier part of the day and clean up beginning by 8:00 PM if not before.
This is a family friendly event and the high school and college members of Rotary, Interact and Rotoract respectively, would be part of the event, providing set up and clean up.
Thank you for your consideration.
Sincerely,
Kathi Baldwin
President 2021-2022
Alice Shiozawa
President 2022-2023
Rotary Club of Placentia
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made and entered into this 19th day of July 2022 by and between the City of Placentia ("CITY") located at 401 E. Chapman Ave., Placentia, and the Placentia Rotary Club ("ROTARY"), P.O. Box 1331, Placentia, Ca, 92870.
RECITALS
WHEREAS, the CITY and the ROTARY wish to facilitate the Placentia Cowabunga event in the CITY; and
WHEREAS the CITY seeks to provide a space for the ROTARY to provide a community event for residents, and
WHEREAS, the CITY is a rightful possessor with a right to transfer use of Kraemer Park, to the ROTARY during the term of this MOU for the Placentia Cowabunga Event NOW, THEREFORE, the parties hereto agree as follows:
1. TERM
This MOU shall commence on the Effective Date of July 19, 2022, unless previously terminated as provided herein or otherwise agreed to in writing by the parties.
2. SCOPE OF USE
CITY hereby grants to the ROTARY, including its officers, employees, agents, contractors and volunteers, clients, invitees, visitors, and other users of the Space, during the term of this MOU, the right to enter onto, access, occupy and use the Space for the duration of the MOU during the hours of use referenced below. Permissible uses of the Space by the ROTARY and the Cowabunga event Participants.
3. SCOPE OF SERVICES
A. PLACENTIA ROTARY CLUB RESPONSIBILITIES
1. Designate a ROTARY member to act as the ROTARY representative for all matters related to the EVENT and its participation in the EVENT. Designee will communicate directly with the designated City staff representative
2. Ensure that any food vendors and/or food booths at the event comply with all Orange County Health Care Agency and City Requirements such as having current and valid Health Care Agency Permits and City Business License.
3. Operate the Beer and Wine Garden in compliance with all State and City regulations including obtaining appropriate permits from the Department of Alcoholic Beverage Control (ABC)
4. Obtain Private Security to secure the Beer and Wine Garden area. 1 ATTACHMENT 3
5. The ROTARY, at their own expense will provide the participants of the EVENT, the necessary items such as all canopies, tables, chairs, decorations, and other needed equipment to facilitate the EVENT in a uniform and professional business manner per the CITY'S approval (unless otherwise specified below).
6. Coordinate all set up starting no earlier than 8:00 a.m., with the event open to the public from 3:00 p.m. to 8:00 p.m. and clean-up of all EVENT related booths and supplies no later than 11:00 p.m. Any questions regarding set-up procedures to be pre -arranged with City of Placentia staff representative.
7. Coordinate with designated City staff representatives the EVENT layout and submit a scale plot map of the layout to City staff by Thursday, September 8, 2022. EVENT booths cannot obstruct walkways and cannot be placed in parking areas, driveways, or areas with vehicle traffic.
8. Coordinate with designated City of Placentia staff representative arrival times and procedures for EVENT participants including arrival time of vendors, offsite parking for vendors, and parking areas for participants.
9. Ensure all participants of the EVENT are informed of and follow any logistical set-up and egress of the event established by the City.
10. Utilize professional and business -like decorations and signage for the EVENT.
11. Provide CITY a copy of all promotional material for the EVENT.
12. Provide the CITY a parking plan including an alternate parking location
13. Provide comprehensive general liability insurance policy in the amount of one million dollars ($1,000,000) covering EVENT related activities naming CITY and their respective elected and appointed officials, officers, employees, agents, and representatives as additional insured by endorsement to the policy. Worker's compensation insurance shall be required to be maintained in accordance with state law.
14. To the extent allowable by law, ROTARY shall indemnify, defend, and hold harmless the CITY, its officers, employees, contractors and volunteers from and against any and all liability, loss, damage, expense, costs (including reasonable attorneys' fees) or claims for injury or property damages to the extent arising out of or in connection with Rotary Club of Placentia's acts and/or omissions arising from or related to this MOU, including use of the CITY's property by the ROATRY, the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury and/or damages and/or losses of property, regardless of severity and including death, are caused by or result from the negligent or intentional acts or omissions of the ROTARY, its officers, agents or employees. 2 ATTACHMENT 3
15. Be responsible for its independent operation, execution, planning and accounting of the event as a separately governed operation by the ROTARY.
16. This MOU is by and between the CITY and the ROTARY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association as between the CITY and the ROTARY. Each of CITY and the ROTARY understands and agrees to bear the sole responsibility and liability for administering the Workers' Compensation benefits to any person deemed legally entitled to such benefits for injuries arising from or connected with this MOU.
B. CITY'S RESPONSIBILITIES
1. Provide Space to the ROTARY to host the event.
2. Coordinate with a designated ROTARY representative all arrival and set up information for all EVENT participants.
3. Provide two (2) Community Services Staff and from 8:00 a.m. to 11:00 p.m. to assist with event coordination and monitoring. As well as operate a First Aid Station during the event.
4. Provide one (a) Public Works Staff from 8:00 a.m. to 11:00 p.m. to assist with any specialized maintenance needs at the park such as issues with restrooms, landscape, or irrigation.
5. Assist with advertising for the event through Placentia's Weekly Newsletter and social media. The City will also advertise for the event through the City's website, Placentia Palm Quarterly Newsletter, and with targeted emails if and/or when possible.
4. CONTACT INFORMATION
Rotary Club of Placentia Designee:
CITY Staff Representatives:
Kathi Baldwin
President
P.O. Box 1331,
Placentia, Ca, 92870
Office: 714-875-5976
Email: [email protected]
Karen Crocker, Director of Community Services
Veronica Ortiz, Community Services Supervisor
Matthew Brand, Community Services Coordinator
3 ATTACHMENT 3
401 E. Chapman Ave.
Placentia, CA 92870
Office: (714) 993-8222
Fax: (714) 961-0283
Email: [email protected]
IN WITNESS WHEREOF, the parties herein have caused this MOU to be executed by and through their respective officers, as of the date last written below.
CITY OF PLACENTIA PLACENTIA ROTARY CLUB
Damien Arrula
City Administrator
Kathi Baldwin
President
Date Date
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
4 ATTACHMENT 3
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES AND INFRASTRUCTURE DATE: JULY 19, 2022
SUBJECT: ANNUAL SOLID WASTE HANDLING SERVICES RATE ADJUSTMENT AND RELATED RESOLUTIONS FOR FISCAL YEAR 2022-23
FISCAL
IMPACT: There is no direct fiscal impact to the City's General Fund Budget associated with the recommended actions.
SUMMARY:
In 2010, the City entered into a Franchise Agreement ("Agreement") with Republic Waste Services of Southern California, LLC ("Republic") for solid waste collection services. Per the existing Agreement, solid waste rates are to be reviewed annually to determine if any adjustments are warranted based on changes in the Consumer Price Index ("CPI"). Staff and representatives from Republic discuss each year potential adjustments to solid waste rates paid by residents and businesses. The last residential and commercial rate adjustment took effect on July 1, 2021.
On June 6, 2022, Staff presented the proposed annual rate increase to the City Council Sewer, Refuse and Recycling Ad -Hoc Committee who reviewed the rate adjustment analysis and recommended that the rates be presented to the full City Council for its consideration. On June 7, 2022, the City Council adopted Resolutions R-2022-37 and R-2022-38, which approved the initiation of the Proposition 218 public hearing process to adjust these fees and set a Public Hearing for July 19, 2022, to discuss the rate adjustments and adopted written protest procedures. The required 45 -day notice was mailed to 11,710 record property owners of single- family residence parcels in the City. The notice informed property owners about the proposed rate increases, the scheduled public hearing, and procedures for submitting a written protest (Attachment 5).
This action recommends that the City Council conduct a public hearing to consider a resolution approving the adjusted Solid Waste Handling Services Rates for Fiscal Year ("FY") 2022-23, to be effective on July 1, 2022; authorize the placement of revised residential rates on the County of Orange tax roll for FY 2022-23; and approve Amendment No. 13 to the Agreement.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
2.a.
July 19, 2022
City Council Agenda
July 19, 2022
1. Open the Public Hearing concerning the Solid Waste Handling Services, Rate Adjustment and related resolutions for Fiscal Year 2022-23; and
2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and
3. Close the Public Hearing and direct the City Clerk to tabulate the written protests and report the results of the tabulation to the City Council; and
4. Adopt Resolution No. R-2022-53, a Resolution of the City Council of the City of Placentia, California, approving the Amended Fee Schedule for Solid Waste Handling Services for Fiscal Year 2022-23; and
5. Adopt Resolution No. R-2022-54, a Resolution of the City Council of the City of Placentia, California, authorizing and determining residential solid waste handling service charges and directing placement thereof on the Orange County property tax rolls for Fiscal Year 2022-23; and
6. Approve Amendment No. 13 to the Amended, Revised and Restated Agreement for Solid Waste Handling Services between the City of Placentia and Republic Waste Services of Southern California, LLC; and
7. Authorize the City Administrator to execute all the necessary documents, in a form approved by the City Attorney.
DISCUSSION:
On July 20, 2010, the City entered into an Agreement with Republic for solid waste and recycling services. Per Section 24.3 of the Agreement, Republic is entitled to request a general annual rate adjustment to account for inflation each year. The agreed upon methodology for making this adjustment is determined by the CPI for the Los Angeles County Area as stated in Section 24.3 of the Agreement. Republic can adjust the rates in July of each year based upon the change in CPI for all Urban Consumers for the 12 -month period ending January 31 of each year. Staff and representatives from Republic confer each year to discuss potential adjustments to solid waste rates paid by residents and businesses. The last residential and commercial rate adjustment took place on July 1, 2021. Per the terms of the agreement, the proposed adjustment to residential and commercial rates would be effective July 1, 2022.
ALTERNATIVE OPTIONS:
Proposed Rates for FY 2022-23
The proposed refuse rates for Fiscal Year ("FY") 2022-23 (Attachment 4) include rate adjustments based upon the following:
1) Annual Rate Adjustment per CPI per Section 24.3 of the Agreement 2) Increase in the Orange County Landfill Tipping Fees per Section 24.5 of the Agreement
City Council Agenda
July 19, 2022
Annual Rate Adjustment per CPI for January 2022
In accordance with the City's current waste hauling Franchise Agreement with Republic, the company is entitled to request a general annual rate adjustment to account for inflation. The agreed upon methodology for making this adjustment is determined by the CPI for Los Angeles County -Orange County Area as stated in Section 24.3 of the Agreement. Republic can adjust the rates in July of each year based upon the change in CPI for all Urban Consumers for the 12 - month period ending January 31 of each year. The change in CPI for the most recent 12 -month period was 7.5%.
Orange County Landfill Tipping Fees
Another component of the rate includes landfill "tipping fees", which are passed through directly to the customer. Beginning in 2010, the County of Orange ("County") increased the landfill gate tipping fees from $22.00 per ton to $31.37 per ton. Per the Waste Disposal Agreement with the County of Orange, the county disposal fee is adjusted each July 1 according to the change in CPI— All Urban Consumers, All Cities for the 12 -month period ending October 31 of each year.
The change in CPI for the most recent 12 -month period was 6.2%. In 2021, the landfill gate tipping fees were increased again to $36.09 per ton. For FY 2022-23, the County will increase the fee to $38.34, which represents a 6.2% increase from the FY 2021-22 fees.
Proposed FY 2022-23 Rates
The following two (2) tables provide a summary and breakdown of the proposed single-family residential waste rates for FY 2022-23.
Proposed
Residential Rate
Residential Waste
Rate Summary — FY 2022-23
Proposed Rate
Rate Change
Current Rate
Single -Family (Monthly)
$28.81
$33.47
$4.66/month
Single -Family (Annual)
$345.72
$401.64
$56.04/year
Single -Family Residential Rate Breakdown
— FY 2022-23
Rate Component
Monthly Amount
Current Base Service Fee
$25.42
Green Waste Processing Fee
$2.25
CPI Adjustment of 7%
$1.94
Current Landfill Disposal Fee
$3.38
Landfill Disposal Fee Adjustment of 6.2%
$0.21
City Refuse & Recycling Coordinator Fee
$0.28
Total Proposed Rate
$33.47*
ounded to nearest hundre
City Council Agenda
July 19, 2022
The following two (2) tables provide a summary and breakdown of the proposed commercial waste rates for FY 2022-23. This table only reflects the most commonly utilized rates for discussion purposes. Attachment 4 includes the full rate schedule for both residential and commercial refuse services.
Proposed
Commercial Rate
Commercial Waste
Current Rate
Rates Summary — FY 2022-23
Proposed Rate
Rate Change
3 -Yard Trash Bin
$185.68
$198.16
$12.48/month
3 -Yard Recycling Bin
$158.87
$169.68
$10.81/month
2 -Yard Organics Bin
$144.90
$154.65
$9.75/month
Proposed Commercial Waste Rate Breakdown — FY 2021-22
Rate Component
Commercial
Rate
Current
Base
Service
Fee
CPI
Adjustment
of 7%
Current
Landfill
Disposal
Fee
Landfill
Disposal
Fee
Adjustment
of 6.2%
Organics
Recycling
Component
Adjustment
of 0%
City Refuse
&
Recycling
Coordinator
Fee
Total
Proposed
Rate
3 -Yard
Trash Bin
$157.19
$11.00
$27.06
$1.69
$0.00
$1.22
$198.16
3 -Yard
Recycling
Bin
$157.44
$11.02
N/A
N/A
N/A
$1.22
$169.68
2 -Yard
Organics
Bin
$125.66
$8.80
$18.09
$1.13
$0.00
$0.97
$154.65
Proposition 218 Procedures
In addition, to the provisions established in the Franchise Agreement, the City's ability to adjust rates is governed by Proposition 218. In 1996, California voters approved Proposition 218 which requires a specific process for cities to impose or increase certain types of fees. The provisions of Proposition 218 set forth in Article XIII D of the California Constitution provides that certain types of "Property Related Fees" are subject to a "majority protest" process.
The provisions of Proposition 218 set criteria for property -related fees for refuse, water, and sewer services. The fees must be set so that:
• The revenues generated by the fee do not exceed the cost of service. • No property owner's fee exceeds his/her proportionate share of the costs. • The City does not impose a property -related fee for a service that is not available to the property owner.
Under Proposition 218, the City's refuse collection fees are considered "Property Related Fees", since the fees are paid by property owners via the property tax roll. In other cities, refuse collection fees are either billed directly to each customer by the waste hauler or they are collected as part of the water utility bill. Proposition 218, and subsequent legislation AB 1260, defines the process for establishing or adjusting property -based fees. The process requires a
City Council Agenda
July 19, 2022
notice of the proposed fee be sent to all property owners in the City and 45 days after the notice is sent, a public hearing be conducted by the City Council. During the 45 -day period and until the close of the public hearing, a property owner may protest the fee by submitting a written protest. If more than 50% (fifty percent) of the property owners of record in the City protest the fee, the City Council would be prohibited from enacting the fee change.
The City Council Sewer, Refuse & Recycling Ad -Hoc Committee met with City Staff on June 6, 2022, to discuss the proposed schedule of rates. The Committee discussed the justification for the increase and found that it is consistent with the Agreement. On June 7, 2022, the City Council adopted Resolutions R-2022-37 and R-2022-38; set a public hearing for July 19, 2022 and adopted written protest procedures. On June 9, 2022, the required 45 -day notice was mailed to 11,710 record property owners of single-family residence parcels in the City. The notice informed property owners about the proposed rate increases, the public hearing, and procedures for submitting a written protest (Attachment 5). As of July 14, 2022, the City Clerk had received three (3) written protests. A total of 5,856 protests must be received to constitute a majority.
If there is no majority protest vote, Staff is recommending that City Council adopt the attached Resolutions and Amendment to the Franchise Agreement if no majority protest vote exists.
FISCAL IMPACT:
There is no General Fund fiscal impact associated with the requested action. The cost for providing solid waste services to the City's residents and businesses are covered by the customer rates established by the City's franchised hauler and paid by those receiving the services.
Prepared by:
Management Analyst
Reviewed a
Damien R. Arrula
City Administrator
Reviewed a
Elsa Robinson
Luis Estevez
Deputy City Administra or
City Council Agenda
July 19, 2022
Page6of6
Attachments:
1. Resolution No. R-2022-53 - Approving Solid Waste Collection Rates for FY 2022-23
2. Resolution No. R-2022-54 - Authorizing Residential Billing on Orange County Tax Roll
3. Amendment No. 13 to Amended, Revised, and Restated Agreement for Solid Waste Handling Services
4. Proposed FY 2022-23 Solid Waste Collection Rate Schedule
5. Proposition 218 Notice of Public Hearing
6. Presentation — Solid Waste Amendment and Rate Increase
RESOLUTION NO. R-2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING THE AMENDED
FEE SCHEDULE FOR SOLID WASTE HANDLING
SERVICES FOR FISCAL YEAR 2022-23
A. Recitals
(i). The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all solid waste within their jurisdictions. (ii). Pursuant to California Public Resources Code §40059 (a)(1), the City Council of the City of Placentia ("City Council") has determined that the public health, safety, and welfare require that an exclusive franchise agreement be awarded to qualified solid waste enterprise for solid waste handling services within the City of Placentia ("City").
(iv). City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, and disposal of solid waste, including AB 341, AB 939, AB 1826, AB 1594, SB 1383, the Resource Conservation and Recovery Act ("RCRA"), and the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), all as may be amended from time to time hereinafter (v). City desires, among other things, to ensure adequate landfill space remains available to meet the public's need for the safe handling and disposal of solid waste, and further desires to ensure its citizens do not incur undue costs in safely disposing of solid waste and has entered into that certain waste disposal agreement by and among various Orange County cities, including City, and the County of Orange, relating to the use of County landfills for the disposal of solid waste. Contractor has proposed to provide such services and take such actions as are necessary or desirable to ensure City complies with its obligations pursuant to the County Agreement, as the same may be amended from time to time hereinafter.
(vi). On June 7, 2022, the City Council adopted Resolution No. 2022-18 establishing procedures for increasing maximum rates for solid waste collection services, in accordance with the requirements of Proposition 218; and approved the Notice of Public Hearing for proposed adjustments to the maximum rates for commercial and multi -family solid waste collection services (the "Notice"). (vii). The City mailed the Notice to a total of 11,710 record property owners of parcels to which the proposed rates for single-family residential solid waste collection services would apply, informing them of the July 19, 2022, public hearing.
Resolution R-2022-53 ATTACHMENT 1
(viii). On July 19, 2022, the City Clerk informed the City Council that 3 valid written protests were received prior to the public hearing. (ix). On July 19, 2022, the City Council conducted a public hearing and received 3 valid written protests prior to the closing of the public hearing. (x). The total number of valid written protests was 3, which is less than 50 percent of the total number of valid written protests that could legally be presented. (xi). After hearing public testimony, the City Council considered whether to establish potential rate increases for residential and commercial solid waste collection services.
(xii). Based upon the testimony provided at the public hearing, the City Council hereby establishes the solid waste handling service charges for residential and commercial services commencing on July 1, 2022, as set forth in "Exhibit A," attached hereto and incorporated by this reference as though fully set forth herein.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. Solid waste handling service charges for residential and commercial services commencing on July 1, 2022, as set forth in "Exhibit A," attached hereto and incorporated by this reference as though fully set forth herein.
APPROVED and ADOPTED this 19th day of July 2022
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-53 ATTACHMENT 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 19th day of July 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-53 ATTACHMENT 1
EXHIBIT A
Placentia Rate Adjustments Calculation (Effective July 1, 2022) Resolution R-2022-53 ATTACHMENT 1
Exhibit A
RESOLUTION NO. R-2022-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AUTHORIZING AND
DETERMINING RESIDENTIAL SOLID WASTE HANDLING
SERVICE CHARGES AND DIRECTING PLACEMENT
THEREOF ON THE ORANGE COUNTY PROPERTY TAX
ROLLS FOR FISCAL YEAR 2022-23
A. Recitals
(i). Section 8.04.310 of the Placentia Municipal Code provides that the City Council may, by resolution, cause solid waste handling service charges to be collected with the Orange County Property Tax bills.
(ii). The City Council has received and analyzed the proposed refuse collection charges for residential services and has determined appropriate residential solid waste handling service charges to be set for the Fiscal Year 2022-23. (iii). The City Council has determined that residential solid waste and handling service charges collected via the tax rolls affords the least costly mechanism for the residential taxpayers of the City of Placentia and users of the solid waste handling services.
(iv). All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. Solid waste handling service charges for residential and commercial services are set forth in "Exhibit A," attached hereto and incorporated by this reference as though fully set forth herein.
3. Solid waste handling service charges for residential services be placed on the Orange County Property Tax Rolls for the Fiscal Year 2022-23, and such charges be collected in the same manner as the Property Tax.
4. A copy of this Resolution shall forthwith be transmitted by the City Clerk to the Auditor -Controller of the County of Orange.
Resolution R-2022-54 ATTACHMENT 2
APPROVED and ADOPTED this 19th day of July 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 19th day of July 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-54 ATTACHMENT 2
EXHIBIT A
Placentia Rate Adjustments Calculation (Effective July 1, 2022) Resolution R-2022-54
Exhibit A
ATTACHMENT 2
AMENDMENT NO. 13 TO
AMENDED, REVISED AND RESTATED
AGREEMENT FOR SOLID WASTE HANDLING SERVICES BETWEEN
THE CITY OF PLACENTIA AND
REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC
This Amendment No. 13 (the "Amendment") is made and entered into effective the 1St day of July 2022, by and between the City of Placentia, a Charter City and Municipal Corporation ("City"), and Republic Waste Services of Southern California, LLC, a wholly owned subsidiary of Republic Services, Inc. a Delaware Limited Liability Company, dba Placentia Disposal for Solid Waste Handling Services (hereinafter "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). Effective July 20, 2010, City and Contractor entered into the "Amended, Revised and Restated Agreement";
(ii). The Agreement has been revised nine times previously, the most recent revision being the Amendment No.12, which became effective July 1, 2021; (iii). City and Contractor have determined that this Amendment is required to provide for increased costs and expenses to be incurred in connection with solid waste handling services for City's residents and commercial, industrial and municipal entities and agencies within the City. (iv). The City and Contractor desire to amend the Franchise Agreement to provide Commercial Recycling services and to provide related educational services; (v). The Parties now seek to amend the Agreement to provide for increased costs and expenses to be incurred in connection with solid waste handling services for City's residents and commercial, industrial and municipal entities and agencies within the City (vi) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Agreement is amended as follows:
B. Amendment to Agreement.
1. In all respects as set forth in the Recitals, Part A., above, the Recitals are incorporated into the Agreement.
2. Contractor shall continue to provide solid waste handling services for City's residents and commercial, industrial and municipal entities and agencies within the City in accordance with the Agreement.
3. Exhibit "A" of the Agreement hereby is amended to reflect the rates and charges permitted to be charged by Contractor during Fiscal Year 2022-23 as set forth in Exhibit "A" hereto captioned "City of Placentia Rate Summary — Effective July 1, 2022."
4. The "Approved Contractor Rate Schedule" in Exhibit A of the Agreement is hereby amended to include the refuse/organics collection rates shown in Exhibit 1.
5. Except as specifically modified herein, all of the remaining terms, conditions and provisions of the Agreement shall remain in full force and effect.
6. The Agreement, all amendments together with this Amendment No.l3and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 13 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
7. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 13 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No.10 to the Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Daniel Capener Damien R. Arrula
General Manager City Administrator
ATTEST:
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen
City Attorney
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2022
Solid Waste &
Service Fee Landfill Recycling Srvcs Adjusted Rate Current Rate Change % Change Coordinator Fee
Residential Rates
Single Family
Additional Containers
Black "Trash" Container
Brown "Yard Waste" Container
Green "Recycling" Container
Residential Special Services
Residential Roll -Out Service
Extra Dump - All 3 Containers
Exchange of All 3 Containers
Container Replacement - Misuse
Residential Bulky -Item Pick -u DS
Additional Pick-ups over 3x p/Year
Charge for each item over 10
Additional Fee Gas Recovery
Three Yard Containers
3 Days + Dump
Each Additional Day
$ 29.61 $ 3.59 $ 0.28 $ 33.47 $ 28.80 $ 4.67 16.22%
$ 6.46 $ 3.59 N/A $ 10.05 $ 9.42 $ 0.63 6.69%
$ 5.61 N/A N/A $ 5.61 $ 5.24 $ 0.37 7.06%
$0.00 N/A N/A $0.00 $0.00 $0.00 0.00%
$ 13.31 N/A N/A $ 13.31 $ 12.44 $ 0.87 6.99%
$ 28.27 N/A N/A $ 28.27 $ 26.42 $ 1.85 7.00%
$ 43.72 N/A N/A $ 43.72 $ 40.86 $ 2.86 7.00%
$ 77.34 N/A N/A $ 77.34 $ 72.28 $ 5.06 7.00%
$ 54.71 N/A N/A $ 54.71 $ 51.13 $ 3.58 7.00%
$ 7.81 N/A N/A $ 7.81 $ 7.30 $ 0.51 6.99%
$ 54.71 N/A N/A $ 54.71 $ 51.13 $ 3.58 7.00%
$ 101.14 $ 6.24 N/A $ 107.38 $ 100.39 $ 6.99 6.96%
$ 8.27 N/A N/A $ 8.27 $ 7.73 $ 0.54 6.99%
Commercial Rates
Commercial Barrel (Each)
1 x p/wk (Max of Three) $ 22.47 $ 6.92 $ 0.16 $ 29.55 $ 27.51 $ 2.04 7.42% Each Additional Pick-up Freq.(Max 3 X) $ 22.47 $ 6.92 $ 0.16 $ 29.55 $ 27.51 $ 2.04 7.42% Organic Commercial Barrel (Each)
35G only, 1 x p/wk (Max of Three) $ 22.47 $ 6.92 $ 0.16 $ 29.55 $ 27.51 $ 2.04 7.42% Each Additional Pick-up Freq.(Max 3 X) $ 22.47 $ 6.92 $ 0.16 $ 29.55 $ 27.51 $ 2.04 7.42% Organic Commercial Barrel (Each)
64G only, 1 x p/wk (Max of Three) $ 51.72 N/A $ 0.37 $ 52.10 $ 48.34 $ 3.76 7.78% Each Additional Pick-up Freq.(Max 3 X) $ 51.72 N/A $ 0.37 $ 52.10 $ 48.34 $ 3.76 7.78% ATTACHMENT 4
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2022
Solid Waste &
Service Fee Landfill Recycling Srvcs Adjusted Rate Current Rate Change % Change Coordinator Fee
Two Yard Containers
One Pick-up Only
Each Additional Pick-up Freq.(Max 3 X)
Non -Scheduled Pick-up
Three Yard Containers
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Three Yard Manure Containers
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Three Yard Compactors
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Four Yard Containers
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Six Yard Containers
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
$ 134.46 $ 19.22 $ 0.97 $ 154.65 $ 144.90 $ 9.75 6.73%
$ 70.22 $ 19.13 $ 0.51 $ 89.86 $ 83.64 $ 6.22 7.44%
$ 63.96 $ 4.49 $ 0.46 $ 68.92 $ 64.01 $ 4.91 7.67%
$ 168.19 $ 28.75 $ 1.22 $ 198.16 $ 185.68 $ 12.48 6.72% $ 90.88 $ 28.63 $ 0.66 $ 120.16 $ 112.65 $ 7.51 6.67%
$ 78.63 $ 6.69 $ 0.57 $ 85.89 $ 80.46 $ 5.43 6.75%
$ 168.19 $ 43.15 $ 1.22 $ 212.56 $ 199.25 $ 13.31 6.68% $ 90.88 $ 43.04 $ 0.66 $ 134.57 $ 126.21 $ 8.36 6.62%
$ 78.62 $ 6.68 $ 0.57 $ 85.87 $ 80.44 $ 5.43 6.75%
$ 207.51 $ 70.65 $ 1.50 $ 279.66 $ 262.20 $ 17.46 6.66% $ 130.45 $ 70.51 $ 0.95 $ 201.91 $ 189.41 $ 12.50 6.60% $ 119.49 $ 16.41 $ 0.87 $ 136.76 $ 128.14 $ 8.62 6.73%
$ 185.01 $ 38.71 $ 1.34 $ 225.06 $ 210.93 $ 14.13 6.70% $ 99.97 $ 38.58 $ 0.72 $ 139.27 $ 130.60 $ 8.67 6.64%
$ 86.49 $ 9.00 $ 0.63 $ 96.11 $ 90.04 $ 6.07 6.74%
$ 193.42 $ 57.27 $ 1.40 $ 252.10 $ 236.33 $ 15.77 6.67% $ 104.51 $ 57.13 $ 0.76 $ 162.39 $ 152.34 $ 10.05 6.60% $ 90.44 $ 13.29 $ 0.66 $ 104.38 $ 97.80 $ 6.58 6.73%
Three Yard Construction Bin
First Pick-up $ 219.18 $ 29.29 $ 1.59 $ 250.06 $ 234.28 $ 15.78 6.74% Each Additional Pick-up Freq. $ 107.00 $ 30.17 $ 0.78 $ 137.95 $ 129.31 $ 8.64 6.68% Non -Scheduled Pick-up $ 78.63 $ 7.04 $ 0.57 $ 86.24 $ 80.79 $ 5.45 6.75% ATTACHMENT 4
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2022
Solid Waste &
Service Fee Landfill Recycling Srvcs Adjusted Rate Current Rate Change % Change Coordinator Fee
Temp Three Yard Container - Non Profit
3 Days + Dump
Each Additional Day
Commercial Recycle Containers
Three Yard "Recycle" Containers
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Contaminated Bin (Trash)
$ 97.89 $ 7.08 $ 0.71 $ 105.68 $
$ 8.03 $ 0.01 $ 0.06 $ 8.10 $
$ 168.46 N/A
$ 91.01 N/A
$ 78.76 N/A
$ 168.46 N/A
1.22 $
0.66 $
0.57 $
1.22 $
169.68 $
91.67 $
79.33 $
169.68 $
98.98 $
7.58 $
158.87 $
85.84 $
74.28 $
158.87 $
6.70 6.77%
0.52 6.86%
10.81 5.83
5.05 10.81
6.80%
6.79%
6.80%
6.80%
Commercial Special Services
Pull Out Service
First Pick-up $ 66.19 N/A N/A $ 66.19 $ 61.86 $ 4.33 7.00% Each Additional Pick up Freq $ 66.19 N/A N/A $ 66.19 $ 61.86 $ 4.33 7.00% Non -Scheduled Pick up $ 66.19 N/A N/A $ 66.19 $ 61.86 $ 4.33 7.00% Surcharge - Sunday Service $ 15.19 N/A N/A $ 15.19 $ 14.20 $ 0.99 6.97% Bin Exchange after One -Time p/Year $ 96.36 N/A N/A $ 96.36 $ 90.06 $ 6.30 7.00% Redelivery of Bin(s) - Non Payment $ 97.70 N/A N/A $ 97.70 $ 91.31 $ 6.39 7.00% Locking Latch Bins
Set -Up Cost $ 115.96 N/A N/A $ 115.96 $ 108.37 $ 7.59 7.00% Monthly Maintenance Fee P/tip Freq. $ 2.58 N/A N/A $ 2.58 $ 2.41 $ 0.17 7.05% Special Access / Code or Key Fee $ 12.85 N/A N/A $ 12.85 $ 12.01 $ 0.84 6.99% Container Steam Cleaning after 1x/Year $ 123.77 N/A N/A $ 123.77 $ 115.67 $ 8.10 7.00% Clean-Up/Disposal "Over the Top" $ 44.98 N/A N/A $ 44.98 $ 42.04 $ 2.94 6.99% ATTACHMENT 4
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2022
Commercial Bulky -Item Pick-ups
Basic Charge - Two Items
Charge for each item over Two
Additional Fee Gas Recovery
Tilt Hopper Monthly Rental
Three Yard Bin Monthly Rental
Industrial Rates for Roll -Off Services
Permanent Services
15 -Yard Demo Container
15 -Yard Demo Container - Clean Inerts
30 -Yard Drop Off Container
30 -Yard Container - Green Waste
40 -Yard Compactor
Temporary Services
15 -Yard Demo Container
15 -Yard Demo Container - Clean Inerts
30 -Yard Drop Off Container
30 -Yard Container - Green Waste
Overweight Surcharge p/ton
(Actual weight over 8 tons/load)
Trash Loads
Clean Inerts
Clean Green Waste
Service Fee
Landfill
54.71 N/A
7.81 N/A
54.71 N/A
50.11 N/A
64.24 N/A
$ 444.50 $ 238.56 $
$ 405.37 N/A $
$ 420.24 $ 198.89 $
$ 584.19 N/A $
$ 527.95 $ 278.34 $
$ 453.96 $ 238.58 $
$ 418.66 N/A $
$ 441.48 $ 198.92 $
$ 597.49 N/A $
$ 21.59 $
$ 39.88
$ 52.21
39.68 $
N/A $
N/A $
Solid Waste &
Recycling Srvcs
Coordinator Fee
N/A
N/A
N/A
N/A
N/A
Adjusted Rate Current Rate Change % Change
$ 54.71 $ 51.13 $ 3.58 7.00%
$ 7.81 $ 7.30 $ 0.51 6.99%
$ 54.71 $ 51.13 $ 3.58 7.00%
$ 50.11 $ 46.83 $ 3.28 7.00`)/0
$ 64.24 $ 60.04 $ 4.20 7.00%
3.22 $ 686.28 $ 643.76 $ 42.52 6.60%
2.94 $ 408.31 $ 382.30 $ 26.01 6.80%
3.05 $ 622.18 $ 583.55 $ 38.63 6.62%
4.23 $ 588.42 $ 550.94 $ 37.48 6.80%
3.83 $ 810.12 $ 759.92 $ 50.20 6.61%
3.29 $ 695.83 $ 652.71 $ 43.12 6.61%
3.03 $ 421.69 $ 394.83 $ 26.86 6.80%
3.20 $ 643.60 $ 603.61 $ 39.99 6.63%
4.33 $ 601.82 $ 563.48 $ 38.34 6.80%
0.16 $
0.29 $
0.38 $
61.43 $
40.17 $
52.58 $
57.72 $
37.61 $
49.23 $
3.71 2.56
3.35 6.43%
6.81%
6.80%
ATTACHMENT 4
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2022
Solid Waste &
Service Fee Landfill Recycling Srvcs Adjusted Rate Current Rate Change % Change Coordinator Fee
Industrial Special Services
Saturday Service - Per Pull $ 40.78 N/A N/A $ 40.78 $ 38.11 $ 2.67 7.01% Mandatory Signature Required - Per Pull $ 6.43 N/A N/A $ 6.43 $ 6.01 $ 0.42 6.99% Additional Days Temp R/O Per Day $ 15.61 N/A N/A $ 15.61 $ 14.59 $ 1.02 6.99% Stand -By Hourly Rate $ 97.70 N/A N/A $ 97.70 $ 91.31 $ 6.39 7.00% Relocation/Trip Charge/Dead Run $ 64.24 N/A N/A $ 64.24 $ 60.04 $ 4.20 7.00`)/0 Packer "Turn -A -Round" Surcharge Per Pull $ 12.85 N/A N/A $ 12.85 $ 12.01 $ 0.84 6.99% Heavy -Duty Truck Service - Per Pull $ 449.73 N/A N/A $ 449.73 $ 420.31 $ 29.42 7.00`)/0 R/O Container Steam Cleaning after 1x/Year $ 128.50 N/A N/A $ 128.50 $ 120.09 $ 8.41 7.00`)/0 Storage Container Rental / Delivery $ 101.51 N/A N/A $ 101.51 $ 94.87 $ 6.64 7.00`)/0 Storage Container Return $10.00 + Per/Mile $ 1.41 N/A N/A $ 1.41 $ 1.32 $ 0.09 6.82% ATTACHMENT 4
CITY OF PLACENTIA
EXHIBIT "A" BACK-UP
July 1, 2022 ADJUSTED RATES
280.178 Local CPI -U [12 Months Annual 2021]
301.209 Local CPI -U [12 Months Annual 2022]
7.000% Local CPI -U Change [Adjustment in (B)]
0.00% Organics Sector Wide PI
$36.09 Orange County Gate Fee July 2021
$38.34 Orange County Gate Fee July 2022
6.234% Orange County Gate Fee Change [Adjustment in (E)] Residential Rates
Single Family
Additional Containers
Black "Trash" Container
Brown "Yard Waste" Container
Green "Recycling" Container
Residential Special Services
Residential Roll -Out Service
Extra Dump - All 3 Containers
Exchange of All 3 Containers
Container Replacement - Misuse
Residential Bulky -Item Pick-ups
Additional Pick-ups over 3x p/Year
Charge for each item over 10
Additional Fee Gas Recovery
Three Yard Containers
3 Days + Dump
Each Additional Day
Jan 2022 over Jan 2021 Annual CPI, using Los Angeles- Long Beach -Anaheim (A) + (B) + (C) = (D) (E) + (F) = (G) + (H) + (I)
Service Fee Green Waste CPI Adj. Adjusted Orange Co. Landfill Adjusted Solid Waste & Recycling Total Rate Processing Rate Service Fee Landfill Adjustment Landfill Cost Svcs. Coordinator [(D)+(G)+(H)] [(A)+(B)] [(F)+(G)] Fee
$ 25.42
$ 6.04
$ 5.24
$ 12.44
$ 26.42
$ 40.86
$ 72.28
$ 51.13
$ 7.30
$ 51.13
$ 94.52
$ 7.73
$2.25 $ 1.94 $ 29.61 $ 3.38 $ 0.21 $ 3.59 $ 0.28 $ 33.47 $ 0.42 $ 6.46 $ 3.38 $ 0.21 $ 3.59
$ 0.37 $ 5.61 N/A
$ - $ - N/A
$ 0.87 $ 13.31 N/A
$ 1.85 $ 28.27 N/A
$ 2.86 $ 43.72 N/A
$ 5.06 $ 77.34 N/A
$ 3.58 $ 54.71 N/A
$ 0.51 $ 7.81 N/A
$ 3.58 $ 54.71 N/A
$ 6.62 $ 101.14 $ 5.87 $ 0.37 $ 6.24
$ 0.54 $ 8.27 N/A
10.05 5.61
$ 13.31
$ 28.27
$ 43.72
$ 77.34
$ 54.71
$ 7.81
$ 54.71
$ 107.38
$ 8.27
ATTACHMENT 4
(A) +
Service Fee
Commercial Rates
Commercial Barrel (Each)
1 x p/wk (Max of Three) $ 21.00
Each Additional Pick-up Freq.(Max 3 X) $ 21.00
Organic Commercial Barrel (Each)
35G only, 1 x p/wk (Max of Three) $ 21.00
Each Additional Pick-up Freq.(Max 3 X) $ 21.00
Organic Commercial Barrel (Each)
64G only, 1 x p/wk (Max of Three) $ 48.34
Each Additional Pick-up Freq.(Max 3 X) $ 48.34
Two Yard Containers
One Pick-up Only $ 125.66
Each Additional Pick-up Freq.(Max 3 X) $ 65.63
Non -Scheduled Pick-up $ 59.78
Three Yard Containers
First Pick-up $ 157.19
Each Additional Pick-up Freq. $ 84.93
Non -Scheduled Pick-up $ 73.49
Three Yard Manure Containers
First Pick-up $ 157.19
Each Additional Pick-up Freq. $ 84.93
Non -Scheduled Pick-up $ 73.48
Three Yard Compactors
First Pick-up $ 193.93
Each Additional Pick-up Freq. $ 121.92
Non -Scheduled Pick-up $ 111.67
Four Yard Containers
First Pick-up $ 172.91
Each Additional Pick-up Freq. $ 93.43
Non -Scheduled Pick-up $ 80.83
Six Yard Containers
First Pick-up $ 180.77
Each Additional Pick-up Freq. $ 97.67
Non -Scheduled Pick-up $ 84.52
(B) = (C) (D) + (E) = (F) + (G) (H)
CPI Adj. Adjusted Orange Co. Landfill Adjusted Solid Waste & Recycling Total Rate Service Fee Landfill Adjustment Landfill Cost Svcs. Coordinator Fee [(C)+(F)+(G)] [(A)+(B)] [(D)+(E)] Sector PI
0.78%
$ 1.47 $ 22.47 $ 6.51 $ 0.41 $ 6.92 $
$ 1.47 $ 22.47 $ 6.51 $ 0.41 $ 6.92 $
$ 1.47 $ 22.47 $ 6.51 $ 0.41 $ 6.92 $
$ 1.47 $ 22.47 $ 6.51 $ 0.41 $ 6.92 $
$ 3.38 $ 51.72 $
$ 3.38 $ 51.72 $
$ 8.80 $ 134.46 $ 18.09 $ 1.13 $ 19.22 $
$ 4.59 $ 70.22 $ 18.01 $ 1.12 $ 19.13 $
$ 4.18 $ 63.96 $ 4.23 $ 0.26 $ 4.49 $
$ 11.00 $ 168.19 $ 27.06 $ 1.69 $ 28.75 $
$ 5.95 $ 90.88 $ 26.95 $ 1.68 $ 28.63 $
$ 5.14 $ 78.63 $ 6.30 $ 0.39 $ 6.69 $
$ 11.00 $ 168.19 $ 40.62 $ 2.53 $ 43.15 $
$ 5.95 $ 90.88 $ 40.51 $ 2.53 $ 43.04 $
$ 5.14 $ 78.62 $ 6.29 $ 0.39 $ 6.68 $
$ 13.58 $ 207.51 $ 66.50 $ 4.15 $ 70.65 $
$ 8.53 $ 130.45 $ 66.37 $ 4.14 $ 70.51 $
$ 7.82 $ 119.49 $ 15.45 $ 0.96 $ 16.41 $
$ 12.10 $ 185.01 $ 36.44 $ 2.27 $ 38.71 $
$ 6.54 $ 99.97 $ 36.32 $ 2.26 $ 38.58 $
$ 5.66 $ 86.49 $ 8.47 $ 0.53 $ 9.00 $
$ 12.65 $ 193.42 $ 53.91 $ 3.36 $ 57.27 $
$ 6.84 $ 104.51 $ 53.78 $ 3.35 $ 57.13 $
$ 5.92 $ 90.44 $ 12.51 $ 0.78 $ 13.29 $
0.16 $ 29.55
0.16 $ 29.55
0.16 $ 29.55
0.16 $ 29.55
0.37 $ 52.10
0.37 $ 52.10
0.97 $ 154.65
0.51 $ 89.86
0.46 $ 68.92
1.22 $ 198.16
0.66 $ 120.16
0.57 $ 85.89
1.22 $ 212.56
0.66 $ 134.57
0.57 $ 85.87
1.50 $ 279.66
0.95 $ 201.91
0.87 $ 136.76
1.34 $ 225.06
0.72 $ 139.27
0.63 $ 96.11
1.40 $ 252.10
0.76 $ 162.39
0.66 $ 104.38
ATTACHMENT 4
CITY OF PLACENTIA
EXHIBIT "A" BACK-UP
Commercial
Three Yard Construction Bin
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Temp Three Yard Container - Non Profit
3 Days + Dump
Each Additional Day
Commercial Recycle Containers
Three Yard "Recycle" Containers
First Pick-up
Each Additional Pick-up Freq.
Non -Scheduled Pick-up
Contaminated Bin (Trash)
Commercial Special Services
(A) +
Service Fee
$ 204.84
$ 100.00
$ 73.49
$ 91.49
$ 7.50
$ 157.44
$ 85.06
$ 73.61
$ 157.44
Pull Out Service
First Pick-up $ 61.86
Each Additional Pick up Freq $ 61.86
Non -Scheduled Pick up $ 61.86
Surcharge - Sunday Service $ 14.20
Bin Exchange after One -Time p/Year $ 90.06
Redelivery of Bin(s) - Non Payment $ 91.31
Locking Latch Bins
Set -Up Cost $ 108.37
Monthly Maintenance Fee P/tip Freq. $ 2.41
Special Access / Code or Key Fee $ 12.01
Container Steam Cleaning after 1x/Year $ 115.67
Clean-Up/Disposal "Over the Top" $ 42.04
Commercial Bulky -Item Pick-ups
Basic Charge - Two Items $ 51.13
Charge for each item over Two $ 7.30
Additional Fee Gas Recovery $ 51.13
Tilt Hopper Monthly Rental $ 46.83
(B) = (C) (D) + (E) = (F) + (G) (H)
CPI Adj. Adjusted Orange Co. Landfill Adjusted Solid Waste & Recycling Total Rate Service Fee Landfill Adjustment Landfill Cost Svcs. Coordinator Fee [(C)+(F)+(G)] [(A)+(B)] [(D)+(E)] Sector PI
0.78%
$ 14.34 $ 219.18 $ 27.57 $ 1.72 $ 29.29 $
$ 7.00 $ 107.00 $ 28.40 $ 1.77 $ 30.17 $
$ 5.14 $ 78.63 $ 6.63 $ 0.41 $ 7.04 $
$ 6.40 $ 97.89 $ 6.66 $ 0.42 $ 7.08 $
$ 0.53 $ 8.03 $ 0.01 $ 0.01 $
$ 11.02 $ 168.46 n/a
$ 5.95 $ 91.01 n/a
$ 5.15 $ 78.76 n/a
$ 11.02 $ 168.46 n/a
$ 4.33 $ 66.19 n/a
$ 4.33 $ 66.19 n/a
$ 4.33 $ 66.19 n/a
$ 0.99 $ 15.19 n/a
$ 6.30 $ 96.36 n/a
$ 6.39 $ 97.70 n/a
$ 7.59 $ 115.96 n/a
$ 0.17 $ 2.58 n/a
$ 0.84 $ 12.85 n/a
$ 8.10 $ 123.77 n/a
$ 2.94 $ 44.98 n/a
$ 3.58 $ 54.71 n/a
$ 0.51 $ 7.81 n/a
$ 3.58 $ 54.71 n/a
$ 3.28 $ 50.11 n/a
1.59 $ 250.06
0.78 $ 137.95
0.57 $ 86.24
0.71 $ 105.68
0.06 $ 8.09
1.22 0.66
0.57 1.22
$ 169.68
$ 91.67
$ 79.33
$ 169.68
$ 66.19
$ 66.19
$ 66.19
$ 15.19
$ 96.36
$ 97.70
$ 115.96
$ 2.58
$ 12.85
$ 123.77
$ 44.98
$ 54.71
$ 7.81
$ 54.71
$ 50.11
ATTACHMENT 4
Three Yard Bin Monthly Rental
Industrial Roll -Off Services
Permanent Services
$ 60.04 $ 4.20 $ 64.24
CITY OF PLACENTIA
EXHIBIT "A" BACK-UP
(A) +
Service Fee
15 -Yard Demo Container $ 415.42
15 -Yard Demo Container - Clean Inerts $ 378.85
30 -Yard Drop Off Container $ 392.75
30 -Yard Container - Green Waste $ 545.97
40 -Yard Compactor $ 493.41
Temporary Services
15 -Yard Demo Container $ 424.26
15 -Yard Demo Container - Clean Inerts $ 391.27
30 -Yard Drop Off Container $ 412.60
30 -Yard Container - Green Waste $ 558.40
Overweight Surcharge p/ton
(Actual weight over 8 tons/load)
Trash Loads $ 20.18
Clean Inerts $ 37.27
Clean Green Waste $ 48.79
Industrial Special Services
Saturday Service - Per Pull $ 38.11
Mandatory Signature Required - Per Pull $ 6.01
Additional Days Temp RIO Per Day $ 14.59
Stand -By Hourly Rate $ 91.31
Relocation/Trip Charge/Dead Run $ 60.04
Packer"Turn-A-Round" Surcharge Per Pull $ 12.01
Heavy -Duty Truck Service - Per Pull $ 420.31
RIO Container Steam Cleaning after 1x/Year $ 120.09
Storage Container Rental / Delivery $ 94.87
Storage Container Return $10.00 + Per/Mile $ 1.32
n/a
$ 64.24
(B) = (C) (D) + (E) = (F) + (G) (H)
CPI Adj. Adjusted Orange Co. Landfill Adjusted Solid Waste & Recycling Total Rate Service Fee Landfill Adjustment Landfill Cost Svcs. Coordinator Fee [(C)+(F)+(G)] [(A)+(B)] [(D)+(E)] Sector PI
0.78%
$ 29.08 $ 444.50 $ 224.56 $ 14.00 $ 238.56 $
$ 26.52 $ 405.37 n/a $
$ 27.49 $ 420.24 $ 187.22 $ 11.67 $ 198.89 $
$ 38.22 $ 584.19 n/a $
$ 34.54 $ 527.95 $ 262.01 $ 16.33 $ 278.34 $
$ 29.70 $ 453.96 $ 224.58 $ 14.00 $ 238.58 $
$ 27.39 $ 418.66 n/a $
$ 28.88 $ 441.48 $ 187.25 $ 11.67 $ 198.92 $
$ 39.09 $ 597.49 n/a $
$ 1.41 $ 21.59 $ 37.35 $ 2.33 $ 39.68 $
$ 2.61 $ 39.88 n/a $
$ 3.42 $ 52.21 n/a $
$ 2.67 $ 40.78 n/a
$ 0.42 $ 6.43 n/a
$ 1.02 $ 15.61 n/a
$ 6.39 $ 97.70 n/a
$ 4.20 $ 64.24 n/a
$ 0.84 $ 12.85 n/a
$ 29.42 $ 449.73 n/a
$ 8.41 $ 128.50 n/a
$ 6.64 $ 101.51 n/a
$ 0.09 $ 1.41 n/a
3.22 $ 686.28
2.94 $ 408.31
3.05 $ 622.18
4.23 $ 588.42
3.83 $ 810.12
3.29 $ 695.83
3.03 $ 421.69
3.20 $ 643.60
4.33 $ 601.82
0.16 $ 61.43
0.29 $ 40.17
0.38 $ 52.58
$ 40.78
$ 6.43
$ 15.61
$ 97.70
$ 64.24
$ 12.85
$ 449.73
$ 128.50
$ 101.51
$ 1.41
ATTACHMENT 4
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
CITY OF PLACENTIA
NOTICE OF PUBLIC HEARING FOR
PROPOSED SOLID WASTE COLLECTION RATES
Prsrt Std
U.S. POSTAGE PAID
Irvine, CA
Permit No. 221
NOTICE IS HEREBY GIVEN that on Tuesday July 19, 2022 at 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Placentia will hold a Public Hearing in the Council Chambers of the Placentia City Hall located at 401 E. Chapman Avenue to consider the proposed City's solid waste collection rates for Fiscal Year (FY) 2022-23, with a proposed effective date of July 1, 2022.
BASIS FOR RATE INCREASES
The proposed rates for FY 2022-23 are based upon the City's existing refuse collection franchise agreement with Republic Services (Franchise Agreement). The Franchise Agreement allows for increases to solid waste collection rates each July 1st in proportion to the increase or decrease in the cost of living as determined by the percentage change in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles -Long Beach - Anaheim, CA area for the twelve (12) month period ending on January 31'. In addition, the County of Orange Landfill Gate Tipping fee is adjusted annually as determined by the Waste Disposal Agreement between the County of Orange and the City. Rate adjustments under the Franchise Agreement are also allowed due to changes in other operational costs in providing solid waste collection services.
SUMMARY OF PROPOSED RATES FOR FY 2022-23
The proposed rates for FY 2022-23 are inclusive of the change in CPI for the 12 month period ending on January 31st which was 7% and a 6.2% increase in the County of Orange (County) Landfill Gate Tipping Fee. For FY 2022-23, the County will increase the landfill gate tipping fee to $38.34, which represents a 6.2% increase from FY 2021-22 rate of $36.09. The tables below and on the next page compare the current rates for typical residential and commercial services with the proposed FY 2022-23 solid waste collection rates.
Proposed Residential Waste Rate Summary — FY 2022-23
Residential Rate
Current Rate
Proposed Rate
Rate Change
Single -Family (Monthly)
$28.81
$33.47
$4.66/month
Single -Family (Annual)
$345.72
$401.64
$56.04/year
ATTACHMENT 5
Proposed Commercial Waste Rates Summary — FY 2022-23
Commercial Rate
Current Rate
Proposed Rate
Rate Change
3 -Yard Trash Bin
$185.68
$198.16
$12.48/month
3 -Yard Recycling Bin
$158.87
$169.68
$10.81/month
2 -Yard Organics Bin
$144.90
$154.65
$9.75/month
Note: Rates are for commercial services for a single bin serviced once a week, billed month y Additional information and the full proposed rate schedule can be viewed online at the City's website at:
httJ://Dlacentia.org/solidwasterates.
REASON FOR PUBLIC HEARING
The City Council will hold a public hearing on the above date and time to consider increasing rates for residential and commercial solid waste collection services. In 1996, California voters approved Proposition 218, which establishes a specific process for cities to impose or increase certain types of fees. Proposition 218 provides that certain "Property Related" rates are subject to a noticed public hearing and "majority protest" process.
This notice is being provided to you pursuant to Section 6 of Article XIIID of the California Constitution (Proposition 218) and Section 53755 of the Government Code which require that notification be sent 45 days in advance of the public hearing, to the address to which the City customarily provides the refuse collection service, or the known mailing address of the property owner, for each identified parcel upon which any new or increased refuse rate or charge is being proposed. You are being provided with this notice 45 days in advance of the public hearing as the identified owner of real property in the City of Placentia subject to the proposed solid waste and recycling rates. As a property owner, you have a right to submit a written protest to the proposed rate change.
WRITTEN PROTEST PROCEDURES
Any property owner whose property will be subject to the imposition of the proposed solid waste service fees and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed changes; provided, however, that only one protest will be counted per identified parcel.
Written protests may be submitted by mail or in person to the City Clerk's Office at 401 East Chapman Avenue, Placentia, CA 92870 or at the Public Hearing (date and time noted above), provided they are received prior to the conclusion of the public comment portion of the Public Hearing. Any protest submitted via e-mail or other electronic means will not be accepted. Any written protest must (1) state that the identified property owner is in opposition to the proposed solid waste service charges; (2) provide the location of the identified parcel (by assessor's parcel number, street address, or customer account); (3) provide written evidence (example: current copy of City Services Bill) that the person is the property owner, if the person was not shown on County of Orange's last equalized assessment roll as the property owner; and (4) include the name and signature of the property owner submitting the protest.
If written protests against the proposed increases are not presented by a majority of identified parcels upon which the proposed rates are to be imposed, the City Council will be authorized to adopt the proposed rates. If adopted, the proposed solid waste collections rates will be effective July 1, 2022. Please note that each property will be counted as a single vote, regardless of the number of owners. If there are two record owners, both must sign the written protest. If there are more than two owners, the protest must be signed by a majority of the owners. Multiple protests returned for a single property will be disallowed and the City Clerk will only accept one protest per property. Email, fax, telephone, or oral protests of any kind will not be counted. Mailed protests received after the close of the public hearing will not be counted, even if they were postmarked earlier.
The City Council meeting agenda and staff report for the Public Hearing will be available 72 hours prior to the regular meeting of Tuesday, July 19, 2022 on the City's website at: httD://Jlacentia.orc/citycouncilacenda. If you have questions regarding this notice or how it may impact your property, please contact the Public Works Department at (714) 993-8148, Monday through Thursday from 7:30 a.m. to 6:00 p.m.
EN ESPANOL: Para recibir una copia de este aviso en espanol sobre cambios propuestos a las tarifas de la coleccion de basura, Ilame al (714) 993-8148, de tunes a jueves de 7:30 a.m. a 6:00 p.m.
ATTACHMENT 5
Public Hearing: Solid Waste Handing Services Rate
Adjustment for Fiscal Year 2022-23
City Council
July 19, 2022
Proposed Rate Changes for
Fiscal Year (FY) 2022-23
1. CPI Adjustment of 7%
a. Section 24.3 of the Agreement
1. CPI — Los Angeles Region for January 2022 was 7.5%
2. Orange County Landfill Tipping Fees Adjustment of 6.2% a. Section 24.5 of the Agreement & Wasted Disposal Agreement with County
1. CPI Los Angeles Region for October 2021 was 6.2%
Summary of Proposed Solid Waste Collection Rates
Residential Rates
Current
Monthly
Rate
Proposed Current Annual Proposed Annual Rate Change per Monthly Rate Assessment Assessment Rate Month/Year
Rate
Single -Family
Residential Rate
$28.81
$33.47 $345.60
$401.64
$4.66/$56.04
(16.17%)
Commercial Rates (Includes Multi -family & Industrial Rates) ate
urrent Monthly Rat Proposed Monthly Rate
Rate Change per
Month
3 -Yard Trash Container
3 -Yard Recycle Container
2 -Yard Organics Container
64 -gallon Organics Cart
$185.68
$158.87
$144.90
$48.34
$198.16
$169.68
$154.65
$52.10
$12.48 (6.72%)
$10.81(6.80%)
$9.75 (6.73%)
$3.76 (7.78%)
**
PLACENrIA
ALL AMERICA [ITV
**
Tv
cE$
Public Hearing Notice & Process
• Proposition 218 requirements
45 -day public hearing notice
Majority protest (50% + 1) by ratepayers precludes adoption of proposed rate increase
Mailed out public hearing notices mailed out to residential property owners (ratepayers)
City Clerk received
public hearing
protest letters; Final tally at conclusion of
Recommended Actions
1. Open the Public Hearing
2. Receive Staff Report & Public Testimony
3. Close the Public Hearing and direct the City Clerk to tabulate the written protests and report the results of the tabulation to the City Council
4. If no majority protest exists, Adopt Resolution No. R-2022-XX and R-2022-XX and Amendment No. 13 setting the adjusted waste hauling rates for FY 2022-23
Questions & Comments
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE JULY 19, 2022
CITY COUNCIL STUDY SESSION: SPEED HUMP INSTALLATION POLICY None
Traffic calming improvements were implemented on Hemingway and Cobb Avenues in 2021 to address neighborhood speeding concerns. On April 5, 2022, Staff presented to the City Council the results of the traffic calming improvements, including the before and after study that indicated non-physical traffic calming measures can be just as effective in reducing vehicle speeds on residential streets as speed humps. Hemingway and Cobb Avenues do not meet the minimum requirements for speed humps outlined in the city's existing speed hump installation policy.
At that meeting, the City Council directed staff to re-evaluate the data collected on Hemingway Avenue and return with additional analysis and recommendations for potential alternations to the existing speed hump policy. Pursuant to City Council direction, an inter -departmental team consisting of the City Attorney's office, Police, Fire, and Public Works departments conducted an in-depth review of speed hump policies, practices, and legal analysis. A presentation summarizing the additional analysis pertaining to the city's existing speed hump policy is attached to this agenda report.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Receive and file this report and presentation.
DISCUSSION:
In response to public interest in addressing traffic and/or speeding concerns in residential neighborhoods, on July 20, 2021, the City Council approved a formal Speed Hump Installation Policy (Policy No. 623) that established the evaluation process and design criteria for the installation of speed humps on residential streets. Non-physical traffic calming improvements include, any traffic calming measures that does not require significant physical changes to the roadway such as edge and centerline striping and posted speed limit signs. In May/June 2021, non-physical traffic calming improvements were implemented on Hemingway and Cobb Avenues to address neighborhood speeding concerns as neither street qualifies for speed humps. Speed
3.a.
July 19, 2022
City Council Agenda
July 19, 2022
surveys on these two streets were completed six (6) months after implementing the traffic calming measures to gauge the effectiveness of the traffic calming improvements.
On April 5, 2022, Staff presented the traffic calming improvements that were installed with a detailed analysis of traffic conditions on Hemingway and Cobb Avenues. The data clearly shows the traffic calming improvements have been effective in reducing vehicle speeds on residential streets. At that meeting, the City Council directed Staff to return with additional analysis and recommendations for potential alterations to the speed hump policy. An inter -departmental team consisting of the City Attorney's office, Fire, Police, and Public Works departments analyzed the general public safety and potential legal liabilities associated with speed hump installations and modification of city's policy to make it easier to implement speed humps. After careful consideration of existing speed and collision data as well as speed hump policies adopted by the neighboring cities, modifications to the existing speed hump policy and measuring standards are not recommended.
A detailed presentation summarizing the additional analysis pertaining to the city's existing speed hump policy is attached to this agenda report.
Prepared by:
kl "--
Kyra Tao
Transportation Manager
Damien R. Arrula
City Administrator
Reviewed
Luis Estevez
Deputy City Administrator
ea.
Attachment:
Presentation — Speed Hump Policy discussion
City Council Study Session
Speed Hump Policy
July 19, 2022
Presentation Outline
1. Review of Adopted Speed Hump Policy
2. Implications of Reducing Speed Hump Criteria
3. Speed Hump Installation Costs
4. Neighborhood Traffic Management Toolkit
5. Hemingway Case Review
6. Police Department Analysis
7. Fire and Safety Department Analysis
8. City Attorney's Office Analysis
Speed Hump Installation Policy
Speed Hump Installation Policy
• July 20, 2021, Council unanimously adopted a Speed Hump Installation Policy
• Prior to its adoption staff relied on speed hump guidelines developed over 10 years ago.
• The new policy updated criteria for identifying qualified streets, reduced some qualifying standards to allow more streets to potentially be considered, and updated the public notification process and other design standards. • CA MUTCD - Per CVC 440, speed humps or bumps are not considered an "official traffic control device."
• Caltrans does NOT maintain a standard design for speed humps/bumps • Speed hump design & placement subject to independent engineering judgement & analysis compliant with adopted policy criteria
Speed Hump Policy, cont.
Eligible Street Criteria:
• Minimum Length Uninterrupted by Stop Signs or Traffic Signals - 800 feet (Previously was 1,500 feet) *
• Maximum Average Daily Traffic Volume - 3,000 vehicles • Maximum Speed Limit - 25 miles per hour
• Minimum Speed Profile - 85th percentile speed must exceed 35 miles per hour (previously was 30 mph)
Screening Criteria
Placentia
Yorba Linda
Orange
Anaheim
La Habra
Street Length
Average Daily Traffic
85th percentile speed
>=800 ft >=800 ft
>=500 ft
>=600 ft
=2,500
1,000 - 4,000 =35 mph
>=33 mph
>=34 mph >=35 mph
*
Uninterrupted length is a segment that traffic flows without yielding or stopping caused by external interruptions such as stop signs or traffic signals.
Implications of Reducing
Existing Speed Hump
Eligibility Criteria
Eligible Residential Streets
■ 535 residential streets in Placentia
■ 150 streets are over 800 feet long
■ 28% of all residential streets potentially qualify for speed humps today if they meet minimum speed criterion of 35
mph
■ If minimum street lengths & speed are reduced to allow the next available category (500-800ft), an additional 140
residential streets would become initially eligible for speed humps
Residential Streets in Placentia
Total
Percent
Street length less than 500 ft
244
45%
Street length (500 ft to 800 ft)
140
26%
Street length (800 ft to 2,000 ft)
150
28%
Total number of residential streets
535
Speed Hump Installation Costs
Speed Hump Installation Costs
■ 24 -hour Speed Survey Data Collection: $100/day
■ Staff time including site visit, data review, engineering design, commission/council meeting, and communication with residents:
20-30 hours = $1,500 - $2,500
■ Asphalt speed hump (material & installation):
$4,000 to $6,000 per hump
■ Pre -fabricated rubber speed hump (material & installation):
$3,000 to $4,000 per hump
Speed Survey (7 -day)
Staff Time
(single speed hump request)
Construction Material & Labor
(single speed hump)
As • halt S • eed Hum
Rubber S • eed Hum
$700
$2,500
$6,000
Grand Total $9,200 per hump
$700
$2,500
$4,200
$7,200 per hump
9 Neighborhood Traffic
Management Toolkit
Neighborhood Traffic Management Toolkit
❑ Creates a universal How -To manual for residents & staff to work together and collaborate on addressing neighborhood traffic safety and speeding concerns ❑ Utilizes an incremental approach to traffic calming & focuses on non-physical measures as an initial response to traffic safety concerns even if a street qualifies for speed humps ❑ If non-physical improvements have not reduced traffic speeds, physical improvements will be implemented on qualifying streets
NON-PHYSICAL IMPROVEMENTS OPTIONS
■ Centerline/Edge Line Striping
■ Signage
■ Speed Legend
■ Speed Radar Trailer
■ Police Enforcement
TEMPORARY PHYSICAL IMPROVEMENTS (FOR PILOT PROJECTS)
PERMANENT PHYSICAL IMPROVEMENTS OPTIONS
■ Speed Hump
■ Raised Crosswalk
■ Traffic Circle/Roundabout
■ Curb Extension
❑ All proposed improvements require independent engineering judgment and analyses
Hemingway Avenue Speed Survey
Hemingway Avenue
Aug -2020
(Pre -Phase I
Improvements)
May -2021 Dec -2021
(Pre -Phase I (Post -Phase I
Improvements) Improvements)
Number of survey days 1 day 7 days 7 days
85th percentile speed 32 mph 32 mph 31 mph
Average Daily volumes 294 vehicles per day 250 vehicles per day 290 vehicles per day
Hemingway Avenue Speed Survey
50 45
40 10
5 0
ummary (Westbound Hemingway 10 am - 7 pm t
.1_ li._II._ i
L 1_ I-• Ii•
12/12/2021 12/13/2021 12/14/2021 12/15/2021 12/16/2021 12/17/2021 12/18/2021 Time period 1O am to 7 pm
5-14 MPH
15-19 MPH
• 20-24 MPH
• 25-29 MPH
• 30-34 MPH
■ 35-39 MPH
■ 404 MPH
■ 45-64 MPH
54 45
40 35
c93 V0
• 25
• 20
15 10
5 0
7 -day Speed Summary (Westbound Hemingway 24 -hour total) :II
IF
12/12/2021 12/13/2021 12/14/2021 12/15/2021 12/16/2021 12/17/2021 12/18/2021 Time period 24 hours
5-14 MPH
15-19 MPH
■ 20-24 MPH
■ 25-29 MPH
• 30-34 MPH
■ 35-39 MPH
■ 40-44 MPH
■ 45-64 MPH
• Pneumatic tubes are best for short-
term counting and classification.
• Data processing automatically
excludes all vehicle speeds below
5 mph.
Hemingway Avenue Street Length
Street Length with uninterrupted traffic flow - 750 feet
Hemingway Speed Hump Qualification in
Neighboring Cities
Hemingway Avenue would not
qualify for speed humps if
located in these jurisdictions
ANAHEIM
MET CRITERIA?
85th percentile at orgreat than 9 mph above speed limit AETb/w 5,000and 10,064 vehicle/day
At least 5 preventable collisions in the past5years
At least one of the above satisfied?
No
No
No
NO
IA HABRA
MET CRITERIA?
Street length of uninterrupted traffic flow greater than 644 feet ADT greater than 1,544 vehicle/day
All of the above satisfied?
Yes
No
NO
CITY OF ORANGE
MET CRITERIA?
85th percentile atorgreat than 3.5 mph
ADT greater than 704 vehicle/day
Accident rate above expected accident rate in the past 12 -month period All of the above satisfied?
No
No
No
NO
YDRRA LINDA
MET CRITERIA?
Street Length greater than 844 feet
AETbfw 1,444 and 2,444 vehicle/day
All of the above satisfied?
Yes
No
NO
SANTA ANA
MET CRITERIA?
85th percentile atorgreat than 35 mph
AI]T greater than 544 vehicle/day
Any speed related accidents
At least one of the above satisfied?
No
No
No
NO
COUNTY OF ORANGE
MET CRITERIA?
85th percentile great than 30 mph
AET b/w 806 and 3,000 vehicle/day
All of the above satisfied?
Yes
No
NO
Police Department Analysis
Traffic Collision Data
Hemingway Avenue
■ No reported traffic collisions in last 3 years
■ Police Department has conducted 26 neighborhood
patrol checks since 11-18-2021
➢ No violations observed, or speeding citations issued during dedicated enforcement times
■ Speed humps can potentially cause traffic collisions
■ Deviating from the results of city traffic survey &
MUTCD standards or adopted city policy can create
liability for the city
■ Police Department does not support reducing speed
hump criteria to allow humps to proliferate
Fire and Life Safety Department Analysis
Fire and Life Safety Department
■ Key Concerns:
■ Per California Fire Code Section 503.4.1, "traffic
calming devices, including . . . speed humps, shall be
prohibited unless approved by the fire code official"
(Fire Chief)
■ Speed humps increase response times for heavy
apparatus during emergency calls due to
slowing/maneuvering around/over speed humps
■ Fire Department does not support reducing speed
hump criteria to allow humps to proliferate
Portland Study: Speed Humps and
Emergency Response Delays
• Results included:
• Delay per hump up to 9.4 seconds for 14 -foot designs • 9.2 second delay for 22 -foot speed tables
Vehicle
Weight
(lb)
Horse-
power
Wheelbase
0-40 mph
Accel.
Time
Lowest
Speed,
(mph)
Min Delay
25 -mph
Response
Max Delay
40 -mph
Response
Rescue 41
na
185
11' 6"
12 sec.
34 0 sec.
1.5 sec.
Squad 1
23,170
275
14' 6"
17 sec.
24 0.4 sec.
3.4 sec.
Engine 18
34,860
185
15' 5"
19 sec.
21 0.8 sec.
5.0 sec.
Truck 1
53,000
450
21' 0"
20 sec.
22 0.6 sec.
4.9 sec.
Truck 4
53,960
450
13' 0"
22 sec.
16 1.8 sec.
7.7 sec.
Truck 41
42,100
350
37' 6"
27 sec.
14 3.0 sec.
9.2 sec.
*Offset Speed Tables for Reduced Emergency Response Delay, March 2004, Scott Batson, PE
City Attorney's Office Analysis
Design Immunity Defense
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A city can claim design immunity in defense to a dangerous condition of public property claim if it establishes:
1. A causal relationship between the plan or design and the accident;
2. Discretionary approval of the plan or design before
implementation;
3. Substantial evidence of the "reasonableness" of the plan or design.
Ways of Establishing "Reasonableness"
of a Design/Planning Decision
• Speed studies;
• Opinion of a civil engineer;
• Professional standards of design and safety;
• Accident history at the site;
• Speeding violations/citations at the site.
Potential Litigation Risks
• In the event of litigation, City should be able to assert a design immunity defense if it follows the properly
adopted Speed Hump Policy.
• City may lose design immunity defense in situations
where it fails to follow its own policy, increasing
potential liability.
• Modifications to the Policy should be based on data
and research, or it may impact the applicability of the immunity.
Sample Jury Verdicts & Settlements in
Speed Hump/Speed Bump Cases
• Eastburn et al v. City of San Diego et al, San Diego County Superior Ct (2014): Speed bump in a bike lane caused 3 separate bike collisions during a bike race, resulting in injuries to multiple cyclists. $1.3 million settlement.
• Riley v. Grandon, Riverside County Superior Ct (2013): $1.04 million settlement awarded to motorcycle passenger who suffered catastrophic head injuries and later died after driver struck a speed hump installed by city and she was ejected. The passenger sued the helmet retailer and importer for product liability, the driver for negligence, and the City for dangerous condition. [$1 million paid by helmet retailer, $25k by driver, and $10k by helmet importer. The City reached a separate settlement for an undisclosed amount.]
Recommended Actions
• Receive and file presentation
• Staff, including Police and Fire Departments do
not recommend any changes to the City's
adopted Speed Hump Policy
• The City Attorney's Office does not recommend
any changes to the City's adopted Speed Hump
Policy, unless supported by data and research.
Questions?