1l
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6.5 Indemnifieation. Consultant agrees to indemntfy, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties notacting on behalf of, at the directton of, or under the control of Consultant,
6.6 ComplianceWithApplicableLaw.Theconsultantand'UneCityshallcomplywith all applicable laws, ordirxances and codes of the Federal, State, County and City governments,
6,7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee,partnership, jointventure or association, as between theCityanddie Consultant,
6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for oron behalf ofthe Citj, Neitherthe Ctt9 nor any of its officers or employees shall have any control overthe conduct ofthe Consultant, or any ofthe Consullant'semployees, exceptasherein set forth, and the Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at aIl timesremaintotheCityawhollyindependent contractorandtheConsultant'sobligationstotheCity are solely such as are prescribed by thisAgreement.
6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf ofthe Consultant,
6.9 Legal Construction.
a) ThisAgreementismadeandenteiredintointheStateofCaliforniaand shall in allrespects beinterpreted, enforced andgovexnedunderthelawsof the8tate ofCalifornia,
b) ThisAgreementshall be constuedwithoutregardto theidentityofthepersons who drafted its various provisions. Each and every provision of this Agreemem shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of construction tliat a document is to be construed against the draftingpartyshallnot be applicable to this Agreement.
12 137
Contract No. 2020-22-AC
c) The article and section, captions and headings heretn have been inserted for convenience only and shall not be considered or referred to in resolviug questions of interpretation or construction,
WheneverinthisAgreementthecontextmaysorequire,themasculine gender shall be deemed to refer to and iriclude the feminine and neuter, and the singularshallreferto and include the plural.
6.10 Counterparts,ThisAgreementmaybeexecutedincounterpartsandassoexecuted shall constitute an Agreementwhich shall be binding upon all partiesherein. 6,11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made underthis Agreement shall operate as and be arelease ofthe Cityfromall claimsandliabilitiesforcompensationtothe Consultant for miything done, furnished or relating to the Consultant's work or services.
Acceptance ofpayment shall beanynegotiation of the City's check orthe failure to makeawrittenextracompensationclaim withinten(10) calendar daysofthereceipt ofthatcheck, However,approvalorpaymentbytheCityshallnotconstitute,norbe deemed, arelease oftheresponstbility and liability ofthe Consultant, its employees, sub- consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such apptoval orpayment be deemed to beanagsumptionofsuchresponsibility orliabilitybytheCityforanydefcctor error in theworkprepared bythe Consultant, its employees, sub-consultants and agents.
6.12 Correeflons. h addition to the above indernification obligations, the Consultarit shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans, Should the Consultant fail to make such correction in a reasonably timelymanner, such correctton shall be made bythe City, and the cost thereof shall be charged to the Consultant.
6.13 Files. All files of the Consultant pertaining to the City shall be andremain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entttled to retain copies ofsuch files upon tern'iination of this Agreement.
6,14 Waiver;RmnediesCumulative.Failurebyapartytoinsistupontheperformance ofanyoftheprovisiorisofthisAgreementbytheotherparty,irrespectiveofthelength ofttme for which such failure continues, shall not constttutea waiverofsuchpariy's righttodemand compliancebysuchotherpartyinthefuture. Nowaiverbyapartyof adefault orbreacb ofthe other pmty shall be effective or binding upon such a paity unless made in writing by such party, and no such waivcr shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover anyother period oftime, otherthan anydefault or bteach and/or period of time specified. All of the remedies permitted or available to a partyunder this Agreement, or at law or in equity, shall be cumulative and alternative, and PaBe 5 of 8
13 138
Contract No. 2020-22-AC
invocation of any such iight or remedy shall not constitute a waiver or election of remedies with respectto anyother permitted or availableriglxt ofremedy,
6.15 Mitigation of Damages. In all suclx situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct ofthe otherparty.
6.16 Partialluvalidtty.IfanyproyisioninthisAgreementisheldbyacourtofcompetent jurisdiction to be invalid, void or unenforceable, the remaimng provisions will nevertheless continue in full fozewithout being impaired orinvalidated in anyway,
6.17 Attorney's Fees, The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attomey's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforcethis Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees and costs in addition to all other reltef to wbich that party or those pmties may beentitled.
6.18 F.intire Agreement. This Agreement constitutes the whole agreement between the City and the Consultarit, and neither party has made any representations to the other except as expressly contained herein, Neither party, in executing or performing t's Agreement, is relyin@ upon axiy statement or information not contained in this Agreement, Any changes ormodifications to thisAgreementmust be made inwriting appropriately executed by both the City and the Consultant.
6.19 Notices,Anynoticerequiredtobegivenhereundershallbedeemedtohavebeengiven by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
Jackie Acosta
Dizector of Administrative Services
City of South Gate
8650 California Avenue
South Gate, CA 90280
(323) 563-9524
TO CONSULTANT:
David Krout
Manag'ng Partner
ClientFirst Technology Consulting
980 Montecito Diive, Suite 209
Corona, CA 92879
(951) 739-7989
WITH A COURTESY COPY TO:
Camen Avalos
City Clerk
City of South Gate
8650 California Avenue
South Gate, CA 90280
(323) 563-9511
14 139
Contract No. 2020-22-AC
6.20 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf ofthe party for whom he or she purports tosign,
6.21 Consultation With Attorney. Consultant warrants and represents kt it has consulted with an attorney or knowingly and voluntarily decided to forgo such a comJtation,
6,22 Inteiapretation Against Drafting Party. City and Comultant agree that they have cooperated in the review and drafting of this Agreement, Accordingly, in the event of' any ambtguity, neither side may claim that the interpretation of the Agreement shall be conshuedagainst eitherpaxtysolelybecausethatpartydrafted alloraportion ofthe Agreement, orthe clause atissue,
[Remainder of page left blank intentionally.]
15 140
Contract N0. 2020-22-AC
IN WITNE8S WHEREOF, the Parties hereto haie catised this Agrectncnt to be executed and attested b) their respective officers thercunto duly authorized.
CITY OF SOUTH GATE:
B}:
Michael Flad, City Manager
Date: ") / ) l-')
ATTEST:
Carmen Avalos, City Cl
(SEAL)
APPROVED AS TO FORM:
B7:
l F. Saltnas. City Attorney
CIjENTFIR8T TECHNOLOGY
CO:'iS[lLTING:
By:
Dav'ia Krout. 'slanaging Panner
Date: :)' !/ 7,/ 2-(: 2 t.
li. Isi
141
Contract No. 2020-22-AC
CL/ENTH5aya
75€;llNnLOOY CC1N8U1TIN[3
OPTIMAL TECHNOLOGY GUIDANCE
February 28, 2020
Ms. Jackle Acosta
Administrative Services Diretor
City of South Gate
8650 California Avenue
South Gate, CA 90280
RE: Proposa! for IT Project Management
Dear Ms. Acosta:
Please aOCept this letter as our proposal for CLlENTFlRSTtO prOVidei OVerslght With the IT Pr$Ct Manager for the Initial Implementation of the Technology Master Plan. We propose to oversee with IT strategy, management, project oversight, and vendor coordination until June 30, 2020.
The Clty has requested that Ctir-mFtr<srprovide Information technology organization and operational consulting services to the City in order to promptly begin implementation of the TechnologyMasterPIandatedNovember2019. Theplanrecommendssigniflcanttechnology Investments to replace obsolete equipment and software over the next two years. We exped to provide project management for the plan until the City hires an IT Manager to direct the plan over the long term.
We propose to provide information technology strategy, management, and advisory expertise to the Clty, City Information Technology, and Polk,e Department Information Technology. Our oversight will relate to the following types of activities:
Oversee in the development of a job description and job classification for an IT Manager * Create a draft IT Manager job description
* Work with staff to finalize Job description and job classification Oversee in the recrultment and candidate selection process Work with management and selected candidate to further define priorities snd tasks during onboardlng
* Advise and oversee the procurement and project management of projects identified as high priority in the Technology Master Plan
Provide oversight related to managlng prlorlties and day-to-day staff workloads Advise and oversee the implementation of IT Operations Best Practices Focus on the creation and implementation of )T Operations Best Practices to provide additional structure for IT staff adivities
b Advise and oversee IT Procurement and Project Management Best Practices Provide oversight with the procurement of the items identified as high priority as a part of the Technology Master Planning process
Work with City IT staff to create end Implement an Inclusaive methodology for vendor selecUon
Coordinate vendor activities and provide project-related advk,e as necessary Coordinate project and management communications and provide oversight as necessary Califomia II!inois Norih Carolina Texas 8DD.808.3080 Fax 888 478.0495 142
Contract No. 2020-22-AC
Facilitate and participate in weekly IT project team meetings * Participate in critical or high-priority project review meetings ii Oversee project coordination in conjunction with City project coordlnators * Other IT strategy end management oversight as needed Under the direction of the City's Director of Administrative Services, CtrrmFirxsT will provide such oversight on a time-and-materials basis until June 30, 2020.
Our billing rates for these types of services are shown in the table below and depend on the levels and skill sets of the consultant(s) assigned to the project.
Summary Rates
Tune aird fllalerials Specrxlor AdHoc Pio)acts
Admlnlstrative Staff
Consultant
Network C+onsultant
Senior Network Consultant
Partner/Project Manager
Our professional fees are based on the estimated time required to complete the consulting requests and the Individuals selected to perform the spe;lflc elements of those requests. Travel time wlll not be billed, but mileage will be billed at normal IRS-recommended rates.
The following is an estimated schedule for consulting services covered under this agreement:
ff Operational Asslstance Hours/Week HourdWeek
1 Team Meetings
Overalghto!Technology Mastei Plan Projects
3 ITManagerJobDescriptlonandRecruentAssistance
4 IT Pmcurement and Prolec! Management BestPracUces
CtreirRnmrcrstqotoct CONSULTING
OnlMAlTECHNOLOGY GUIDANCE
1 1
Hour8
RaleS
Fees
Expenses
Total
16 40
264
$ 47,880
$ 500
$ 48,380
16 20
84 $ 195
o
20 180
$175
143
Contract No. 2020-22-AC
ITProjectManagemant .,!.i6')7,,
CtrmFrnsr acknowledges that other public agencies may seek to "piggyback" under the same terms and conditions of a resulting similar services contract and/or purchases being offered in this contract. CueyrFmSr has the option to agree or disagree to allow contract piggybacks on a case-by-case basis. Before a seeking publk, agency can piggyback any contract, the seeking agency must first obtain CLIENTFIRST"S written approval.
Weinvolcemonthlyasworkproceeds, CLIENTFIRSTwillprovidedetailedaccountingofall consulting time and expenses on the Invoice. Payments are due within 30 days of receipt, via check or ACH.
lf you have any questions, feel free to contact me at 951.739.7989 or via email at [email protected] for additiona( information. We appreciate the continued opportunity of serving the City of South Gate.
Sincerely,
' t i'i" " "
Tom Jakobsen
SeniorPartner
IT Infraslruclure and Support Pramlce Lsader
CtENTFinSrTccxxotor:iv CONSULTING
OPTIMAL TECHNOLOGY GUIDANCE
144
Exhibit C
Amendment No, 1 to
Contract No. 2020-22-AC
AMENDMENT N0. 1 TO CONTRACT N0. 2020-22-AC
FOR IT PPROJECT MANAGEMENT 8ERV'lCE8
BETWEEN THE Crff OF SOUTH GATE
A!S[) CLIE!S?TFIRST TECHNOLOGY CONSULTtNG
ThisArnendmentNo, ltoContractNo,2020-22-ACforrI'ProJactManagementServ{ces ("Amendment No, 1") is made and entered Into on May 26, 2020, by and between the City of South Gate, amunicipal corporation ("City"), and ClientFirstTechnology Consulting, a Calffomia limited liability corporaflon ("Consultant"), Cityand Consu)tantaresometlmeshereinafterreferred to as a "Party" and collectlvelyreferred to a "Parties,"
RECIT ALS
WHEREAS, on March 2, 2020, City and Consultant executed Contract No. 2020-22-AC for Professional Services with C]ientFirst Technology Consulting ("A@eement"), to provide IT Project Management Services, tmough and including July 2, 2020, iri an amount not to exceed Forty-Eight Thousand Three Hundred Elghty Dollars ($48,380) (Exhibit "B"); and WHEREAS, City and Consultant desire to execute Amendment No, 1 to provide continued IT Project Management Services, through and including September 30, 2020, in an amount not to exceed Sixty-Two Thousand Three Hundred Ninety Dollars ($62,390), under the terms and conditions ofthe Agreement and AmendmentNo,l, bringing the aggregate total ofthe Agreement and Amendment No. 1 to a sum of One Hundred Ten Tliousand Seven Hundred Seventy Dollars ($110,770),
NOW,TH)F,REFORE,$THEPARTIESHEREBY AGREKASFOLLOW7S:
1. MODIFICATION TO AGREEMENT
1.O SCOPE OF WORK. Consultant agrees to continue its services and pert'orm the tasks identified Jn Exhibit "A" and made a part of the Agreement and this AinendmentNo, 1.TheScopeofWorkrnaybeamendedfromttmetotimebyway ofa written directive from City.
2.O COMPENSATION, The amount of compensation paid by City to Consultant for the work identified in Exhibit "A" shall not exceed the sum of Sixty-Two Thousand Three Hundred Ninety Dollars ($62,390). No additional compensation shall be paid for any other expenses incurred for tasks identified in Exhibit "A", unless first approved by the Director ofAdministrativo Serv{ces. No travel expenses to attend business meetings and/or any other bustness, other than mileage, shall be billed to City.
Page I of 2
145
Amendment No, I to
Contract No. 2020-22-AC
2. EFFECT OF AMENDMENT. Except as expressly amended herein, all other temis andconditions of the Agreement and its Amendments, Attachments and Exhibits attachedhereto, shall remain in full force. City reserves the right to augment or reduce the scope ofwork as the City deems necessary. m WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed andattested by their respective officers thereunto duly authorized.
CITY OF SOtJTH GATE:
Dated: 7,x/- u;r-3
CLIENTFul!ST TECHNOLOGY
CONSULTING:
David Krout, Managing Partner
Dated: 05/29/2020
146
TECHNOLO(IY CONSuLTINCi OPTIMAL TECHNOLOGY GUIDANCE
May 19, 2020
Ms. Jackie Acosta
Director of Administrative Services
City of South Gate
8650 California Avenue
South Gate, CA 90280
RE: Proposai for Continuing IT Project Management
Dear Ms. Acosta:
Please accept this )etter as our proposal for ClientFirst to continue to provide projectmanagement oversight for the initial implementation of the Technology Master Plan, Wepropose to contlnue to oversee with IT strategy, management, project oversight, and vendorcoordination until September 30, 2020.
We Inltlally began project management activities in March, and we were Immediately Involved inthe City's COVID-19 response. We began assisting the City In whateverwaywe couid. Weworked with the IT team to expedite Technology Master Plan projects that were critical "work-from-home," Zoom implementatlon, and email system stabilization.
Just when staff were acclimating to COVID-19 and 'work-from-home,' the email server(Exchange) crashed. The most straightfomard recovery scenario, retrieving emai( from backup,would have caused emall to be offline for days and created a significant loss of email. Analternate solution was developed that was more time consuming resulted in a relatively rapidreturn to a functioning email system and nearly full recoveiy of emall, calendars, and otherOutlook functionality.
These emergency projects consumed proved management and network engineering time at arapid pace, causing ClientFlrst a fundlng shortfa)l that has prevented us from fulfilling our projectmanagement duties through the end of June as our initlal agreement stated.
This proposal is an extension of our original project management agreement to cover the periodof May through September 2020, In the next few days, we expect our work efforts to moreclosely resemble our proposed work plan.
The City has requested that ClientFlrst provide information technology organization andoperational consulting servlces to the City In order to promptly begin Implementation of theTechnology Master Plan dated November 2019, The plan recommends significant technologyinvestments to replace obsolete equipment and softwarp rivpir the next two years. We expect toprovide project management {or the plan until the City hires an IT Manager to direct the planover the long term.
We propose to provide information technology strategy, management, and advisory expertise tothe City, City Information Technology, and POliCe Department Informatlon Technology. Ouroversight will relate to the following types of adlvities:
* Oversee in the development of a Job description and job classification for an IT Manager Create a draft IT Manager job description
Work with staff to finalize job description and job classification Oversee in the recruitment and candidate selection process Califomia Illinois North Caroliria Texas 800 806.3080 Fax 888.478 0zl% 147
Continulng IT Proiect Management
* Work with management and selected candidate to further define priorities end tasksduring onboarding Advise and oversee the procurement and project management of projects Identified as high-priority in the Technology Master Plan ii Provide oversight related to managing priorities and day-to-day staff workloads Advise and oversee the Implementation of IT Operations Best Pradices * Focus on the creation end implementation of IT Operations Best Practices to provldeadditional atructure for IT staff activities Advise and oversee IT Procurement and Project Management Best Practices * Provide oversight with the procurement of the items identified as high-prtority as a part ofthe Technology Master Planning process 6 Work with City iT staff to create and Implement an Inclusive methodology for vendorselection * Coordinate vendor activities and provide project-related advice as necessary a Coordinate project and management communk:ations and provide oversight as necessary * Facilitate and participate in weekly IT project team meetlngs Particlpate in crltlcal or high-priority project review meetings s Oversee with project coordlnation in conjunction with City project coordinators e Other IT strategy and management oversight as needed Under the direction of the City's Director of Administrative Services, C1lentFirst will providesuch oversight on a time-and-materials basis until September 30, 2020.
Our bllllng rates for these types of services are shown In the table below and depend on thelevels and skill sets of the consultant(s) assigned to the project.
Administrative Staff
Consultant
Network Consultant
Senior Network Consultant
Partner/Project Manager
Our professional fees are based on the estimated time required to complete the consultingrequests and the indivlduals selected to perform the specific elements of those requests. Traveltime will not be billed, but mileage will be billed at normal IRS-recommended rates.
The following Is an estimated schedule for consulting services covered under this agreement:
CLlENTFIRSr rcchxococy Coiqsuuixc
OFnMAL TICHNOL[Xi'l (iUIDANa
148
ContlnulnH IT Project Management
HouraMf*ek Houra/WeekTT Oparati6nal Aaslstanm
3 Team Meetings
Overslgm ofTechnology Masler Plan Projects
IT ManagerJob Description and Recruitrnent
Assistance j 18 16 o
4 IT Procurement and ProJeat Managemen( BestPtacfloes 1 40 20 20 Hours
Rates
Fees
Expenses
Total
342
$ 61,890
$ 500
$ 62,390
102
s tgs
240
$175
ClientFirst acknowledges that other public agencies may seek to "piggyback' under the same terms and conditions of a resulting similar services contract and/or purchases being offered In thls contract or proposal. ClientFlrst agrees to extend the same priclng, terms, and conditions as stated In this contract or proposal to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases in their own name,make payment, and be liable directly to CllentFirst. The agency shall in no way be involved or responsible to CllentFlrst for other entities' purchases.
We Involce monthly as work proceeds. ClientFlrst wlll provide detailed accounting of all consulting time and expenses on the invoice. Payments are due within 45 days of receipt, via check or ACH.
If you have any questions, feel free to contact me at 951.739.7989 or via emall at [email protected] for additional Information. We appreciate the continued opportunityof servlng the City of South Gate, Sincerely,
Tom Jakobden
SeniorPartner
IT Infrastrudure and Suppor} Prac!Ice Leader
149
Exhibit D
Amelidinei'ft No, 2 to
Coritract No, 20iO-22-AC
AMENDM!:N'l' NO, '2 TO CONTRACT N0. 2020-22-AC
FOR CONTINUF,D IT PPBQXT' QAGEMENT ffWCES
:B.ETWEEN T'llE .Oi"Y OF 80UT'H GATE
AND an)NTIaST Tp(:'}INOLOGY CONSUI,TING
T1118 Amendmeni,No, 2 to contract N0, 202Q-22-AC forlT.Project Management Serviges ("Amg;idirient No, 2") is made and ente7'ed lfito Qll jSiovember 10, 2020, by and betw6en the CJ%y of Sotith aaie, a m4iniqlpal 6orporation ("(,ijy".), and ClieiitFirst Technology Co44u%tii4g, a (,aliforiiia 'liinited liability 'corporation ("qonsUtaiit"). City and Consultatit are sotnetli)ies liereinafteio referred to as a l'Party" aria oo.llec'tive5/rd6rred to a "Parties," RECIT At,S
WHEREA8, on March 2,'2020, City atid.Consultant exegtited Contract No, 2020-22-AC for Professional Serviced wl'th ClientFlia4t Technol<>gy,Consultiiig ('!Agreement"), to :pror[de IT '.ProJact. %atia@ment Servl6ep., thro.igli 66<i !ncluding July 2., 2020, in an an'iount iiot to exceed F<irty-Ei.ght Thous@nd T5r,e)e H'indred Eighty Dollars ($48,380) (Exhibit"B"); Wffl'lfflAS, ori May 26, 2020, Citj and Consultant executqd Aineiidmerit No, i to Coiitratt 'No, 2020-22-A(': for Pr'6fessioixal Services with 51ientFirst Technology C.orisulting ("Agl't;e'me7it!'), .t0 'provide 6ontlffiued IT'Pl'OJeOt ffinageQa@nt 8orViOeS) 'tl90tlg)1 and in,clxidlng 'September 3Q, 2020, it'i an amount tiot to ezeed SJ-Two 'I'housand Three Hsd?ed Niii6ty Dollars ($62,390) (ExNbil'C"); acid
WHERgAg, Clty and C.onsuiltarit de.s!re.to e'xectij6 Aln6n'ament No, 2 to 'provJde continued ff Project M:anagemsnt Services, thiaough and lncluding June 30, 2021, ln an amount not to exoee4 Eighty-Biglit Thousatid Fotir rIuiidred Fifty Dol'lars'($88,450), finder the terms and conditions ofthe Agreeinent> Airlendment NO, ] and Amendmeiit No. 2, briqging the aggregate total of the Agreemerit, Ameii4ment No. 1 and Am6ndH5i7t No. 2 to tlie sum of One I{uridred N)tiety,Nine Thotisqtid TwoHi.indred %en§ Dol]ars ($199,220).
NOW, THEREIi'ORE, THE P.=9TIES }lf,REBY AGRQ A8 r(OLLO%S:
1, MODIFICATION TO AGREEmNT
1.O SCOPE OF WORI(. Consultant agreqs to contintie its services and perforin the tasks identit?ed in Exhibit "A" ahd trade a part of tlie Agreement, %endin,exit No, land tliiffi Aanendmeift No, 2. The: Sco)ie of Work may be amended froiri time to time by way of a writtaii dlrectlve ffom Clty,
2.O COMPENSA"l'ION, The ainount 6f coinpensatloii paid by City to Consultant for the worlc !d6ntlfied In Exhibit "A" sliall not eixceed the siin of Eighty-Eiglit Tliotisand Four Hundr*a Fifty DoJlnrs (5+88,450). No addltlonaJ comperisatlon shall be paid for any other expetisos incurred for tasks identified in Exh!bit "A,"
150
Aincndmcnt No. 2 to
Contract No. 2020-22-AC
unless first approved by tlie Director of Adininistrative Services. No travel expenses (o attend business i'i'ieetings and/or any other business, other than mileage, shall be billed to City.
2. EFFE,CT OF AMENDMENT, Except as expressly airended l'ierein, all ot)ier teri'ns and conditions of the Agreemcnl and its Amendincnts, Attaclumnts and Exhibits attached liereto, sliall rei'nain in fiill {orce. City reservestlie right to augi'nent or reduce tlie scope of uiorkas the City deems necessary.
IN WITNESS WHEREOF, the Parties )iereto have catised this Agreement to be executed and attested by t)ieir respective officers thereunto duly autliorized.
CByS': Ydo/Fslo'GATlELA
Maria Davila, Mayor
ATTEST:
Carmeri Avalos, City Ci
(SEAL)
APPROVED AS TO FORM:
B/:
l F. Salinas, City Attorney
CLIENTFIRST TECHNOLOC;Y
CONSULTING:
David Krout, Managing Partner
151
CLIENT(:lH5;7- OPTIMAL TECHNOLOGY GUIDANCE
TECHNOLOGY CONSULTING
October 29, 2020
MS. Jackle Acosta
Diractor of Administrative Services
City of South Gate
8650 California Avenue
South Gate, CA 90280
RE: Proposal for Continuing IT Project Management
Dear Ms. Acosta:
Please accept this letter as our proposal for ClientFirst to continue to provide project management oversight for the initial implementation of the Technology Master Plan. We propose to corrtinue to oversee with IT strategy, management, project oversight, and vendor coordination until June 30, 2021.
We began project management activities under our current engagement in May 2020, and we were immediately involved in resoMng an issue with the City's telephone system. We assisted the City In whatever way we could and stabilized the phone system after reconfiguratlon. While working on the phone system and throughout the prior engagement, we worked with the IT team to expedite high-priorlty Technology Master Plan (TMP) projects.
Even with the additional work efforts to stabilize the telephone system, we have been able to stretch current funding an additional month beyond our spring forecast.
In addition to the telephone stabilization, several high-priority TMP projects are underway, includlng:
Implementation of an email archlving system to Improve records retention and public records email retrieval processes.
Microsoft Active Directory projects including an upgrade and Active Directory account review to improve security and reduce ongoing costs. This project will also enable the Implementation.
Implementation of a new cloud-based backup system that will Improve disaster recovery capabilities and redu:'e cost.
b Procurement of new firewalls to improve security and meet regulatory requirements.
Implementation of Offlce 365 which will ease "work-from-home" challenges and improve capabilities associated with a more mobile work force.
Procurement of new computers for Police Department which will replace the last remaining Windows 7 PCs.
Two additional high-priority TMP projects are budgeted for the current year. Each project addresses another critical component of the IT infrastructure that should be replaced:
Network switch replacement - Core network swltches at City Hall and Police data centers are end-of-service-life. Security patches are not available for these devices. Replacement switches will also increase network speeds by a multiple of 10. * Telephone system replacement - Above, we mention stabilizing the telephone system.
Stabilization was achieved by removlng a failing server which eliminated system redundancy and increased the probability of a catastrophic outage. The current telephone system was Installed in 2008 and is end-of-service-life. We have been unable to get sofiware updates for the telephone system to improve the current situation.
CaliTornia Illinois North Carolina Texas 800.806.3080 - Fax 888.478.0495 152
Contlnulng IT Project Management
This proposal Is an extension of our original project management agreement to cover the period of November 2020 through June 2021
The City has requested that CllentFirst provide information technology organization and operational consulting services to the City in order to promptly begin implementation of the Technology Master Plan dated November 20al9. The Plan recommends significant technology Investments to replace obsolete equipment and software over the next two years. We expect to provide project management for the Plan until the City hires an IT Manager to direct the Plan over the long term. Due to budget considerations, the City has delayed consideration related to hlring an IT Manager until Fiscal Year 2021-22.
In the interim, we propose to provide information technology strategy, management, and advisory expertise to the City, City Information Technology, and Police Department Information Technology. Our oversight will relate to the following types of activities:
Advise and oversee the procurement and project management of proJects identified as high-prlority In the Technology Master Plan * Provide oversight related to managing priorities and day-to-day staff workloads Advise and oversee the Implementation of IT Operations Best Practices + Focus on the creation and implementation of IT Operations Best Practices to provide additional structure for IT staff activities
Advise and oversee IT Procurement and Project Management Best Practices * Provide oversight with the procurement of the items identified as high-priority as a part of the Technology Master Planning process
* Work with City IT staff to create and implement an inclusive methodology for vendor selection
a Coordinate vendor activities and provide project-related advice as necessary * Coordinate project and management communications and provide oversight as necessary Facilitate and participate in weekly IT project team meetings * Participate in critical or high-priority project review meetings o Oveirsee with project coordination in conjunction with City project coordinators * Other IT strategy and management oversight as needed Under the direction of the City's Director of Administrative Services, ClientFirst will provide such oversight on a time-and-materials basis until June 30, 2021.
CLIENTFIRSTTccsxotoav Coxsuuihit>
CIPTIMALTE(:HNCltaGV GUIOANCE
153
Contlnumg IT Project Management
Our billing rates for these types of services are shown In the table below and depend on the levels and skill sets of the consultant(s) assigned to the project.
Admlnis(ra!ive Staff
Consul(ant
Network Consultant
Senior Ne(work Consultant
Partner/Projeci Manager
Our professional fees are bas,ed on the estimated time required to complete the consulting requests and the individuals selected to perform the specific elements ofthose requests. Travel time will not be billed, but mileage will be billed at normal IRS-recommended rates.
The following is an estimated schedule for ceinsultlng services covered under this agreement:
1 Team Meetings
2 0versight of Technology Master PlanProjects
3 Contingency - Emergency ProjectAssistance
34 34
1 102 1
340 2
48 8
8 40
Hours 490
Raies
Fees $87,950
Expenses $500
Total $88,450
110 380
$175
' * * @ ii " " * " @ @ " ao - * ' * ' * " " ClientFirst acknowledges that other public agencies may seek to "piggyback" under the same terms and conditions of a resulting similar services contract and/or purchases being offered in this contract or proposal. ClientFirst has the option to agree or disagree to allow contract plggybacks on a case-by-case basis. ClientFirst agrees to extend the same pricing, terms, and conditions as stated in this contract or proposal to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases In their own name, make payment, and be liable directly to ClientFirst. The agency shall in no way be involved or responsible to ClientFirst for other entlties' purchases.
CtiemFrnm'ncsrioroat CONSUITING
OPTIMA( TECHNOLOGY [iul[)ATICE
154
Continuing IT Project Management
We invoice monthly as work proceeds. ClientFirst will provide detailed accounting of all consulting time and expenses on the invoice. Payments are due within 45 days of receipt, via check or ACH.
If this proposal is in accordance with the City's understanding of the services to be performed by ClientFirst, please sign and date this letter, and return it, physically or electronically.
If you have any questions, feel free to contact me at 951.739.7989 or via email at [email protected] for additional information. We appreciate the continued opportunity of serving the City of South Gate.
City of South Gate, CA *'
kcepted by '
1-tb-- da-==i4')'
skfiu?a '-" - - --'-' oars
!'4<oath ,Davz:/x lA'y*r
Name and Trlle (orrnll
Sincerely,
' ) / ,<"
Tom Jakobieh
Partner
IT Infraslruclure and Operallons Practice Leader
CLIENTF(RSTTccsxoroat Cobisutrixc
OPTIMALTECHNC)kO(iY (iulOANCE
155
Exliibit E
Amei'idmei'it No. 3 to
Contract No. 2020-22-AC
AMENDMENT N0. 3 TO CONTRACT N0. 2020-22-AC
FOR CONTINUED IT PROJECT MANAGEMENT SERVICES
BETWEEN THE CITY OF SOUTH GATE
AND CLIENTFIR8T TECHNOLOGY CONSULTING
Tbis AincndmentNo. 3 to ContractNo. 2020-22-AC forcontiiiued IT ProjectMaiiagen'ient Services ("Amendment No, 3") is made and entered into on July 13, 2021, and retroactively effective July 1, 2021, by and bet-wecn the City of Soutli Gate, a n"iunicipal corporatioii ("City"), and Cliemt?irst Technology Consulting, a California limited iiability corporation ("Consultarrt").
City and Consultant are sotnetimes hereinafter referred to as a "Party" and collectively referred to a "Paities."
RECIT AI,S
WHEREAS, on Marcli 2, 2020, City aiid Consultant executed Contract No. 2020-22-AC for Professional Services with Consultant ("Agreement"), to provide TT Project Management Services, tlirough and including July 2, 2020, in an amoui'it not to exceed Foity-Eiglit Thousand Tliree Hundred Eighty Dollars ($48,380) (Exliibit "B"); WHEREAS, on May 26, 2020, the City Council approved Amendment No. 1 to the Agreement ("Amendt'nent No. l"), to continue providing IT Project Managemei'it Services, tl'irougli and includii'ig Septeinber 30, 2020, in an amount not to exceed Sixty-Two Tliousand Three I-?undred Ninety Dollars ($62,390) (Exhibit "C");
WHEREAS, onNovemberlO,2020,theCityCouncilapprovedAinendmentNo,2totlie Agreemet'it ("Atnendment No. 2"), to continue providing IT Project Management Services, through and including June 30, 2021, in an amount not to exceed Eighty-Eight 'Iahousand Four Hundred Fifty Dollars ($88,450) (Exhibit "D"); and WHEREAS, tlie City Council and Consultant desire to execute Amendinent No, 3 to tlie Agreement ("Amendment No. 3"), retroactively effective July 1, 2021, to continue providing Jar Project Manageinent Services, tlirougli and including March 31, 2022, in an ainoum not to exceed Ninety-Nine Thousand Six Hcindred Twenty-Five Dollars ($99,625), under the terms and conditions of the Agreement, Amendment No. 1, Ainendment No. 2 and Amei'idment No, 3, bringing tl'ie aggregate total of tlie Agreement, Ainendinent No, 1, Ainendment No. 2 and Amendment No. 3 to the sum of Two Hundred Ninety-Eight Thousand Eight Hundred Forty-Five Dollars ($298,845),
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. MODIFICATION TO AGREEMENT.
Pagelor3
31 156
Ainendinent No. 3 to
Coi'itract No. 2020-22-AC
(l- SCOPE OF WORI(. Consultant agrees to continue its services and perforiri tlie tasks idei'itified in Exl'iibit "A" and made a part of tbe Agreei'iiei'it, Ai'iiendinent No. 1, Amendment No. 2 and tliis Amendment No. 3. The Scope of Work inay be amei'ided froin time to time by way of a written directive from City. b. TERM OF AGREEMENT. Tliis Ainendment No. 3 is retroactively effective July 1, 2021 through and including Marcli 31, 2022, C. COMPENSATION. The amount of compensatioi'i paid by City to Consultant for the work identified m Ex)iibit "A" s)iall not exceed the sum of Ninety-Nine Thousand Six Hundred Twenty-Five Dollars ($99,625), No additional coinpensation sliall be paid for any other expenses incurred for tasks identified in Exhibit "A," unless first approved by tlie Director of Administrative Services. No travel expenses to attend business meetings and/or ai'iy other business, otlier than mileage, shall be billed to City.
EFFECT OF AMENDMENT. Except as expressly amended lierein, all otl'ier terms and conditions of the Agreement and its Ainei'idments, Attacliinents and Exhibits attached hereto, sliall remain in full force. City reserves tl'ie riglit to auginent or reduce t)ie scope of work as tlie City deeins necessary,
[Reinainder of page left blai'ik intei'itionally.J
Page2of3
32 157
Amei'idment No. 3 to
Contract No. 2020-22-AC
IN WITNESS WHEREOF, the Parties liereto liave caused tliis Ainendment No. 3 to be executed and attested by tlieir respective officers tliereunto duly autliorized.
CITY OF SOUTH GATE:
B)/:
Al Rios, Mayor
Dated: 0 7 ao 2 Z Z" 2-/
ATTE8TED:
Carmen Avalos, City Cl
(SEAL)
APPROVED AS TO FORM:
By:
aul F. Salinas, City Attorney
CLIENTFIRST TECI-INOLOGY
CONSULTING:
By:
DaviL:'rtlr
Dated: 7//'L/ Z-/2 /
158
CLlENTfl(157-
}EC,HN€ LOliY CONSULTING
OPTIMAL TECHNOLOGY GUIDANC(=
June 1 '1, 2021
Ms. Jackie Acosta
Director of Administrative Services
City of South Gate
8650 California Avenue
South Gate, CA 90280
RE: Proposal for Continuing IT Project Management
Dear Ms. Acosta:
Please accept this letter as our proposal for ClientFirst to continue to provide project management oversight for the implementation of the Information Technology Master Plan (ITMP). We propose to continue to oversee with IT strategy, management, project oversight, and vendor coordination until at least March 3i 2022.
Our current project management engagement was approved in November 2020 and was budgeted to continue until June 30, 2021. Funding in the current engagement will be exhausted in mid-July 2021. During this timeframe, we have worked with City staff to repair and maintain the ccirrent environment and implement several new systems, including:
New City Hall backups and cloud-based backup Improvements * Decreasing response time to retrieve deleted files, impacted systems, and improving Disaster Recovery capabilities
* Microsoft Active Directory upgrades, moving from an obsolete to a supported version * Improved security and deployment of redundant domain controllers at City Hall and Police Department
Implementation of new workstations throughout the Police Department and for other users, upgrading all users to Windows 10
Upgrade of Internet bandwidth, laptop purchases, and other items related to productivity during COVID-19
* Application implementation to improve remote accessibility * Implementation of a robust electronic mail archiving system to improve Public Records request processing and data retention
Wireless improvements for Council Chambers, City Manager's Office, Community Development, and Police Department
Several critical initiatives from the Technology Master Plan are undei'way, including:
* Office 365 Deployinent
* New firewalls and cybersecurity measures at Elll major facilities Resilient Internet connectivity
Core network switch infrastructure upgrade for City Hall and Police Department A much-needed phone system replacement project
Security Awareness training for all staff
Enterprise Resource Planning (ERP) system replacement for out-of-date financial systems Time and attendance system implementation
Development and testing of a cybersecurity incident response plan * Additional cybersecurity improvements to reduce tlie risk of a successful ransomware or virus attack
California Illinois Nodh Carolina Texas 800.806 3080 Fax 888 478.0495 34 159
Contlnulng IT Project Mai'iagament
We have spent a significant amount of project inanagement tiine assisting staff during obitages, commui'iicating witli vendor communication, and coordination in addition to assistance with ITMP-related tasks.
Scope of Work '
The City has requested that ClientFirst provide information techi'iology organization and operational consulting services to the City in order to coritlnue implementation of the Technology Master Plan dated November 2019. The Plan recommends significant technology investments to replace obsolete equipment and software over the next several years. We expect to provide project management for the Plan until tlie City hires an IT Manager to direct the Plan over the long term, Due to budget coiisiderations, tl'ie City has delayed consideration related to lili'irig an IT Manager until the mid-year budget year for Fiscal Year 202"l-22.
In the ii'iterim, we propose to provide information technology sirategy, managemerit, and advisory expertise to the City, City Information Technology, and Police Department Information Technology. Our oversight will relate to the following types of activities:
Advise and oversee the procurement and project management of projects identified as high priority In the Technology Master Plan
* Provide oversight related to managing priorities and day-to-day staff workloads Advise and oversee the implemei'itation of IT Operations Best Practices * Focus on the creation and Implementation of IT Operations Best Practices to provide additional structure for IT staff activities
Advise and oversee IT Procurement and Project Management Best Practices * Provide overslght with the procurement of the items identified as high priority as a part of the Technology Master Planning process
* Work with City IT staff to create and implement an Inclcisive methodology for vendor selection
Coordinate vendor activities and provide project-related advice as necessary Coordinate project.and management cominunications and provide oversight as necessary Facilitate and participate In weekly IT project team meetings * Participate In critical or high-priority project review meetings * Oversee with project coordination In conjunction with City project coordinators * Other IT strategy and management overslgl'it as needed Under the direction or the City Director of Administrative Services, ClientFirst will provide sbich oversight on a time-and-materials basis until at least March 3i 2022.
CtrenrFrnsrrvciqxoi.or:iv coxsuuixc
OPTIMAt TECHNOLOGY GulDAN(J:
160
Continuing IT Projact Management
CXir billing rates for these types of services are shown in the table below and depend on the levels and skill sets of the consultant(s) assigned to the project.
Adminislra(lve Staff
Consultant
Ne(work Coi'isullan(
Senior Network Consullam
Partner/Prolec! Manager
Proposed Work Plan
Our professional fees are based on the estimated time required to coi'nplete the consulting requests and tlie individi.ials selected to perform the specific elements of those requests. Travel time will not be billed, but mileage will be billed at normal IRS-recommended rates.
The following is an estimated schedule for consulting services covered under this agreement:
ta i mamm
iT6peratl6nal'Assi€tanc-e - ' i " .' -"Fleiurs/Week Ht'ursmeek 1 Team Meetings
2 0VersiglitofTechnologyMas!erPlanProlecls
3 Conlingei'icy - Emergency Project Assistance
39 39
1 il7
390
48 1
2 8
2 8
40 Hours 555 125 430
Rates $195 $175
Fees $ 99,625
Expenses
Total
$0
$ 99,625
ClientFirst acknowledges that other public agencies may seek to "piggyback" under the same terms and conditions of a resulting similar services contract and/or purchases being offered in this contrac! or proposal. ClientFirst has the option to agree or disagree to allow contract plggybacks on a case-by-case basis, ClientFirst agrees to extend the same pricing, terms, and conditions as stated in this contract or proposal to each and every political entity, special district, end related non-profit. It is understood that other entities shall make purchases ii'i their own name, make payment, and be liable directly to ClientFirst. The agency shall in no way be involved or responsible to ClientFirst for other entities' purcl'iases.
CtiENTFrpSrTecuuoroav CONSULTING
CN'TIMAL TECHNOIO(iY GulDANa:
161
Continuing IT Project Manageinent
We invoice monthly as work proceeds. ClientFirst will provide detailed accobinting of all consulting time and expenses on the invoice. Payments are due withiii 45 days of receipt, via check or ACH.
If this proposal is In accordance with the City's understanding of the services to be performed by ClientFlrst, please sign and date tl'iis letter, and return it, physically or electronically.
If VOLI have any qciestlons, feel free to contact me at 95L739.7989 or via email at [email protected] for addi(ional information. We appreciate the contincied opportunity of servlng the City of South Gate.
Acceptedby ,=a t,,
City of South Gate, CA
SLgnalure Dale
Al Rios, Mayor
Name and Trkle (ptintl
Sincerely,
Tom Jakobstefi
Partner
IT InTraslrut,lute and Operations PracNce Leadat
ATTESTEDi
Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Raul F. Salinas, City Attorney
CLlENTFIRSTTccsxotoat cONsuLTliilG
CIPTIMAI TECHNOLOaY GUIDANCE
162
CITYMANAGER'S DFFICE City of South Gate
Item No. 5
JUL D 5 2022 CITY COUNCIL
AGENDA BNLL
For the Regular Meeting of: July 12, 2022
Originating Department: Parks & Recreation
Director: Interim City Manager:
('C/hl Je([ers
SUBJECT: APPROV AL OF AGREEMENT WITH HUMAN SERVICES ASSOCIATION FOR
SENIOR NUTRITION PROGRAM
PURPOSE: To approve an agreement with Human Services Association ("HSA") for the SeniorNutrition Program which entails the providing of congregate meals at the Margaret Travis Seniof Center ("Senior Center") and home delivered meals by the Meals on Wheels program.
RECOMMENDED ACTION: The City Council will consider:
a. ApprovinganagreementwithHumanServicesAssociation("HSA")forSeniorNutritionProgram to provide Congregate Meals at the Margaret Travis Senior Center ("Senior Center"), and home delivered meals through the "Meals on Wheels" program; and b. Authorizing the Mayor to sign the agreement in a form acceptable to the City Attorney; and c. Delegating authority to the Director of Parks & Recreation, or his designee, to sign and submit any additional documents.
FISCAL IMPACT: The Los Angeles County Agency on Aging provides grant funding to HSA to provide congregate meals for seniors. This funding covers the cost of preparing and serving the meals at the Senior Center and through home delivery for the Meals on Wheels program. The City's costs associated with the program will be $67,884 over the four-year period, paid for with General Fund sources.
The City uses the funds for the following items:
Operating Expenses for:
-Home deliyered meals
-Plastic bags
-Fuel costs
- Congregate site meals
-Napkins, spoons, forks, plates, etc.
-Event supplies including decorations for events throughout the year - Valentine's Day, St. Patrick's Day, 4th of July, Thanksgiving, etc.
The total City annual expenditures will be:
July 2022 through June 2023 - $15,750.00
July 2023 through June 2024 - $16,537.00
July 2024 through June 2025 - $17,364.00
July 2025 through June 2026 - $18,233.00
1 163
AJNALYSIS: The Los Angeles County Agency on Aging provides grant funding to City's and other organizations which provide senior nutrition programs at free or low-cost lunches and nutrition education for seniors. In 2017, the City of South Gate signed a four-year agreement with HSA to provide congregate meals for seniors, funded in part through the LA County grant, at the Senior Center. This agreement also included meal delivery for those seniors who cannot come to the Senior Center through a Meals on Wheels program. Meals are planned a month in advance by qualified nutrition staff at HSA in accordance with County standards and offered to all County residents ages 60 and above. Attached is a copy of the "Meals Writing Specifications" as well as the HSA Ceitified Menu.
Participants are charged $2.25 per meal; however, if the individual is unable to pay that fee, then he/she is given a waiver in accordance with County guidelines. In the last tull year of service (FY201 8/19), prior to COVID-19, HS A served 19,520 meals to South Gate seniors at the center with 15,000 Meals on Wheels.
Due to the closure of the Senior Center during the last two years, Meals on Wheels served 38,000 meals in FY 2020/21 and 25,000 meals in FY 2021/22. With the reopening of the Center, we do expect that part of the program to decrease closer to pre-COVID levels.
The Congregate Nutrition Program (also referred to as congregate or senior meals) is part of the Elderly Nutrition Program. The program offers meals to mobile adults (ages 60 and older) at meal sites such as senior centers or parks. The goal of the program is to address the dietary needs of older adults and present oppo riunities for social engagement.
The program targets older adults with the greatest economic or social need, particularly older adults who are low-income, minority, and living in rural areas. The City has been operating the congregate meal program at the Senior Center in conjunction with the County since 2004. Recently, the Los Angeles County Agency on Aging conducted an RFP process to provide congregate meal service to all of LA County, and through that process HSA has been selected to provide service to the County area that includes the City of South Gate.
ATT ACHMENTS: A.
B.
C.
D.
Proposed Agreement
County Award Letter
Meals Writing Specifications
HSA Certified Menu
2 164
ATT ACHMENT A
AGREEMENT FOR PROFESSIONAL SERVICESFOR SENIOR
NUTRITION PROGRAM SERVICES BETWEEN THE CITY OF SOUTH
GATE AND HUMAN SERVICES ASSOCIATION
This Agreement is made and entered into as of July 1, 2022, by and between the City of South Gate, a municipal corporation ("CITY"), and Human Services Association ("VENDOR").
City and Vendor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, CITY does not have the personnel able and/or available to perform the services required under this agreement.
WHEREAS, CITY desires to contract out for catering and food services at the CITY's Senior Center.
WHEREAS, VENDOR has undertaken to fund, through County Senior Nutrition grants and other funding sources, and operate a nutrition program for senior citizens, a portion of which involves the service of congregate meals, home delivered meals and presenting of nutrition information.
WHEREAS, CITY desires, subject to the terms and conditions hereof, to utilize the CITY owned facility known as the Margaret Travis Senior Center and located at 4855 Tweedy Avenue in South Gate (hereinafter "FACILTY") to ensure efficient delivery of VENDOR' services to elderly residents.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF WORK
1.1 CITY agrees to:
A. Provide financial subsidy in the amount of:
July 2022 through June 2023 - $15,750.00
July 2023 through June 2024 - $16,537.00
July 2024 through June 2025 - $17,364.00
July 2025 through June 2026 - $18,233.00
per year for congregate and home delivery meals operating expenses. This subsidy shall be payable in quarterly installments. VENDOR shall remit quarterly invoices to CITY clearly detailing the work completed during the prior quarter. CITY shall review said invoices and notify VENDOR in writing within ten (10) days of any disputed amounts. CITY shall pay all invoices, except those amounts which CITY disputes in good faith, within fi'jteen (15) days of receipt of the same up to total for each Fiscal Year. 3i165
Agreement for Professional Services
HSA - Senior Nutrition Program
B. Provide access to the FACILITY including kitchen, dining, storage and office space during hours that are mutually agreed upon by CITY and
VENDOR,
C. Provide, at its sole cost and expense, all utilities, including without limitation heat, light, and telephone.
D. Provide custodial care and maintenance (set-up and take-down of chairs and tables as necessary, complete care of floors and all other heavy duty cleaning).
E. Maintain and repair the dishwashers, refrigerators, and ovens.
F. Provide periodic fumigation service for pest control.
G. Provide orientation to the Nutrition Site Manager and Kitchen Aide, employed by VENDOR to staff the FACILITY, in CITY general facility operations.
H. Meet with VENDOR management and staff to review provision of congregate nutrition services at FACILITY.
I. Provide input to VENDOR management for congregate and home delivery staff evaluations.
J, Schedule and obtain the annual fire and health inspections of the site, in accordance with the requirements of the Los Angeles County Department of Community and Senior Citizens Services.
K. Cooperate with the Los Angeles County Area Agency on Aging in the monitoring of the Project by VENDOR including the submittal of an In- Kind Services Agreement indicating the value of those items provided by the CITY as listed above.
1.2 VENDOR agrees to:
A. Provide necessary supplies and services, and perform tasks that are related directly to the provision of senior congregate and home delivery meals. The congregate and home delivery meals supervision will be in accordance with all applicable State, Federal and Local laws, Older Americans Act, and Los Angeles County Area Agency on Aging policies and procedures B. Provide Nutrition Site Managers, Kitchen Aides, Dishwasher, and Drivers, 4166
Agreement for Professional Services
HSA - Senior Nutrition Program
and compensate these employees with wages, benefits and payroll taxes in compliance with all applicable federal, state and local labor laws, to handle:
1) Kitchen operation and serving of congregate meals; and 2) packing and delivery of home-delivered meals.
C. Conduct recruitment of the above staff, as necessary.
D. Train and coordinate the above staff in necessary policies and procedures such as food ordering and handling, emergencies, inter-site relations, etc.; for maintaining an integrated, area-wide nutrition program.
E. Provide monthly monitoring of food handling and sanitation, and nutrition education presentations at the site.
F. Provide congregate meals and home delivered meals daily in accordance with the current contract between VENDOR and the Los Angeles County Area Agency on Aging.
G. Provide CITY with monthly reports of the service performance level at the FACILTY for both congregate and home delivered meals.
H. Staff and operate the FACILTY during the agreed upon hours of operation on all regular business days on which CITY's Senior Center is open for business. VENDOR shall observe all federal and local holidays observed 1y CITY.
1.3 Emergency Provisions.
A. In the event that regular food delivery to the FACILITY is delayed, or not made, VENDOR shall, at its sole cost and expense, be responsible for negotiating with other providers for the delivery of emergency food supplies.
B. Each party shall give the other party 72 hours prior notice in the event that either VENDOR or CITY is unable to provide services on a regularly scheduled day due to other scheduling conflicts. In the event of an inability to provide services due to any unforeseeable circumstances, VENDOR and CITY shall jointly determine how to handle the situation in light of VENDOR emergency procedures
2. TERM OF AGREEMENT. This Agreement will become effective on July 1, 2022, and will remain in effect for a period of 3 years from said date unless otherwise terminated by either party as provided herein.
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Agreement for Professional Services
HSA - Senior Nutrition Program
2.1 Concurrence with Grant Funding. Primary funding for and the terms of this agreement are based upon VENDOR continuing status with the Los Angeles Area Agency on Aging as a recipient agency of the Senior Nutrition Grant for the South Gate Area. If at any time, due to VENDOR failure to meet all grant requirements or due to selection of another recipient by the County for this grant funding in the South Gate Area, this agreement will teiminate on the last effective day of the grant agreement. In the event that the County should extend the current grant period for any reason, this agreement shall automatically extend on a month-to-month basis, to match the new County grant period.
3. CITY AGENT. The Director of Parks & Recreation, or his/her designee (DIRECTOR), for the purposes of this Agreement, is the agent for the CITY; whenever approval or authorization is required, VENDOR understands that the Director of Parks & Recreation, or his/her designee, has the authority to provide that approval or authorization.
4. COMPENSATION FOR SERVICES. The CITY shall pay the VENDOR for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work's fee and cost schedule. No additional compensation shall be paid for any other expenses incurred, unless first approved by the Director of Parks & Recreation or his/her designee.
4.1 The VENDOR shall submit to the CITY, by not later than the 10th day of October, January, April and July, an invoice for the previous quarter, outlining total services provided with the total adjusted for any deductions or approved additional payments agreed upon for the previous quarter. The CITY shall pay the VENDOR all uncontested amounts set forth in the VENDOR's bill within 30 days after it is received.
5. CONFLICT OF INTEREST. The VENDOR represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the CITY which may be affected by the services to be performed by the VENDOR under this Agreement. The VENDOR fiirther represents that in performance of this Agreement, no person having any such interest shall be employed by it.
5.1 The VENDOR represents that no City employee or official has a material financial interest in the VENDOR's business. During the term of this Agreement and/or as a result of being awarded this contract, the VENDOR shall not offer, encourage or accept any financial interest in the VENDOR's business by any City employee or official.
5.2 If a portion of the VENDOR's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the CITY or with a CITY franchisee, the VENDOR warrants that it has not performed any work for such developer/franchisee within 168
Agreement for Professional Services
HSA - Senior Nutrition Program
the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination. Either the DIRECTOR or the VENDOR may terminate this Agreement, with or without cause, by giving the other party thirty (30) days written notice of such termination and the effective date thereof. Upon termination, VENDOR shall be entitled to be paid for the services rendered through the date of termination in accordance with the fee and cost schedule referenced in Section 4.0 above.
6.2 Non-Assignability. The VENDOR shall not assign or transfer any interest in this Agreement without the express prior written consent of the CITY.
6.3 Non-Discrimination. The VENDOR shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6.4 Insurance. The VENDOR shall submit to the CITY certificates indicating compliance with the following minimum insurance requirements no less than one (1 ) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The VENDOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. (b) Comprehensive general and automobile liability insurance protecting the VENDOR in amounts not less than $1,000,000 for personal injuiy to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
l) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by CITY. 2) Name and list as additional insured the CITY, its officers and employees.
3) Specify its acts as primary insurance.
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Agreement for Professional Services
HSA - Senior Nutrition Program
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed exceptupon thiity (30) days prior written notice to the CITY of such cancellation or material change."
5) Cover the operations of the VENDOR pursuant to the terms of this Agreement.
6.5 Indemnification. VENDOR agrees to hold harmless, indemnify and defend the CITY, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with VENDOR's performance of this agreement, including loss or liability caused by the CITY's negligence, except loss or liability caused by the CITY's sole willful conduct or active negligence.
6.6 Compliance With Applicable Law. The VENDOR and the CITY shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6.7 Independent Contractor. This Agreement is by and between the CITY and the VENDOR and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the CITY and the VENDOR.
6.7.1. The VENDOR shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the CITY.
Neither the CITY nor any of its officers or employees shall have any control over the conduct of the VENDOR, or any of the VENDOR's employees, except as herein set forth, and the VENDOR expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the CITY, it being distinctly understood that the VENDOR is and shall at all times remain to the CITY a wholly independent contractor and the VENDOR's obligations to the CITY are solely such as are prescribed by this Agreement.
6.7.2. Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the CITY, even if the business is located outside of the CITY. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall 170
Agreement for Professional Services
HSA - Senior Nutrition Program
be the sole responsibility of the VENDOR.
6.8 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and govetned under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of constmction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. (d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6,9 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an Agreement which shall be binding upon all parties hereto.
6.10 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such paity unless made in writing by such party, and no such waiver shall be implied from any omissions by a paity to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6,11 Mitigation of Damages. In all such situations arising out of this Agreement, the 171
Agreement for Professional Services
HSA - Senior Nutrition Program
parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
6.12 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.13 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that pariy or those parties may be entitled.
6.14 Entire Agreement. This Agreement constitutes the whole agreement between the CITY and the VENDOR, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not containedinthisAgreement. AnychangesormodificationstothisAgreementmust be made in writing appropriately executed by both the CITY and the VENDOR.
6.15 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Steve Costley
Director of Parks & Rec
City of South Gate
4900 Southern Avenue
South Gate, CA 90280
TEL: (323) 563-5494
Email: [email protected]
With CC to:
City Clerk, City of SG
8650 CaliforniaAvenue
South Gate, CA 90280
TO VENDOR: Ricardo Mota
Executive Director
Human Services Association
6423 Florence Place
Bell Gardens, CA 90201
TEL: (562) 806-5400
Email: [email protected]
6.16 Warranty Of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. 10172
Agreement for Professional Services
HSA - Senior Nutrition Program
6.17 Consultation With Attorney. CONTRACTOR watrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.18 Interpretation Against Drafting Party. CITY and CONTRACTOR agree that they have cooperated in the review and dra:[ting of this agreement. Accordingly, in the event of any ambiguity, neither side may claim that the interpretation of the agreement shall be construed against either party solely because that party drafted all or a portion of the agreement, or the clause at issue.
7. EFFECTIVE DATE. The effective date of this Agreement is July 12, 2022, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Paities hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
tm
Raul F. Salinas, City Attorney
HUMAN SERVICES ASSOCIATION:
By:
Ricardo Mota, Executive Director
173
ATT ACHMENT B
4 { workforce development
aging & community services
BOARD OF SUPERVISORS J411B j4, 2022
Hilda L. Solis
Holly J. Mitchell
Sheila Kuehl
Janice Hahn
Kathryn Barger
EXECUTIVE LEADERSHIP
atto Sol6rzano
Acting Director
Dr. Laura Trejo
Aging & Community Services
Human Services Association
Attention: Darren Dunaway
6800 Florence Avenue
Bell Gardens, CA 90201
AWARD INFORMATION
REQUEST FOR PROPOSALS (RFP)
RFP NO. AAA/ARPA-ENP-2223
ELDERLY NUTRITION PROGRAM
WEST GATEWAY CITIES (INCLUDING
CENTRAL LOS ANGELES) REGIONS
Kelly LoBianco Dear Mr. DunawaV:
Economic & Workforce Development
GET IN TOUCH
510 S. Vermont Avenue
Los Angeles, CA 90020
wdacs.la cou nty. gov
[email protected] nty.gov
Aging & Adult Information &
Assistance Line:
(800) 510-2020
Report Elder Abuse:
(877) 477-3646
Report Hate: 211
America's job Centers:
(888) 226-6300
Community & Senior Centers:
(323) 260-2003
Office of Small Business:
(800) 432-4900
Thank you for submitting a Proposal in response to the above- mentioned RFP. County of Los Angeles Workforce Development, Aging and Community Services (County) has completed its evaluation of all Proposals. Congratulations, County is recommending your organization for an Elderly Nutrition Program (ENP) Contract in the West Gateway Cities (including Central Los Angeles) Regions.
In addition to the terms and conditions of the prospective contract (refer to the RFP Appendix A (Sample Contract)) please note the following information pertaining to your prospective contract:
@ Contract term: July 1, 2022, through June 30, 2023 * Your organization shall provide ENP Services at the levels/units indicated in the RFP as follows:
; 'a ' -a+_!';HaA} '!'-_ _.;i;t a% a a. a' a'(_ 0 .# 1. _ . _.,.. - . _,, .%_, . . ,, ,., , :8r§,0,i:,=@: . =0#m*tRea,€*,#,=-.,
" - "Y7.:';'tad.i
( %,i,t,Ri
4: ";' aj S ;a' -
(%e. 3
Congregate Meal Services American Meals $8.71
Home-Delivered Meal Services
Hot Meals $10.71
Frozen Meals N/A
Emergency Meals $10.71
Telephone Reassurance Services Telephone Calls $0.66 Total Contract Sums $3,656,900
Grow. Succeed. Thrive.
s2,.174
Award Information
Human Services Association
West Gateway Cities Region
* Your organization shall deliver these Program Services as follows:
o In accordance with the Contract terms and conditions (RFP Appendix A (Sample Contract)).
o Based on the award amount.
If your organization intends to accept all of the terms and conditions ofthe prospective contract and those included herein, please complete the following:
* Prepare a letter of intent using the attached sample (Attachment 1 (Sample Letter of Intent)). The letter of intent must be written on your organization's letterhead and must be signed by your organization's Authorized Representative. * Submit the letter of intent to County as follows:
o Electronic copy, no later than 5:00 p.m. on Wednesday, June 15, 2022, to [email protected].
* Upon your agreement to these terms and conditions, County will recommend your organization to the County of Los Angeles Board of Supervisors (Board) for a Contract. * Upon Board approval, County will send you the Contract documents to be completed and executed.
If final agreement with your organization is not successful, County may contact another organizationtodiscusspossiblenegotiationsandanaward. lfyouhaveanyquestions,please send an e-mail using the following address: [email protected].
Thank you again for submitting your Proposal and we look forward to partnering with your organization to provide Elderly Nutrition Program Services to the residents of West Gateway Cities (including Central Los Angeles) Regions.
Sincerely,
Carol Domingo, Program Manager
Contracts Management Division
Attachment
175
ATT ACHMENT C
l" ' agi'nffi fi ;o;'unGy' ;ervices
COUNTY OF LOS ANGELES AREA AGENCY ON AGING
TITLE Ill C MENU WRITING SPECIFICATIONS
FY 2022-23
These menu writing specifications and requirements are developed to facilitate the menu writing process and encourage agencies and caterers to meet the Dietary Reference Intakes (DRIs) included in the Dietary Guidelines for Americans 2020-2025.
The specifications will assist agencies and Project Dietitians in providing nutritious, appetizing, tasty, and cost-effective Title 111C meals for the seniors we serve.
GENERAL SPECIFICATION SHEET AND RECIPE REQUIREMENTS
1. If a food item is purchased ready prepared, a food specification sheet is required.
Servinq size, nutritional analysis, brand name and inqredients should be included.
Copy the Nutrition Panel and ingredient list on the food label or obtain Food Specification sheets (cut sheets) from your suppliers. The baseline goal for sodium allowable in ready prepared or processed entries is no more than 400 - 450mq (the entire meal must average 760 mg per day).
2. Experiment with herbs, seasonings and flavor blends that do not contain sodium.
3. If your agency or caterer develops a low sodium recipe popular with seniors, PLEASE SHARE IT.
4. Recipes must include a HACCP plan detailing safe food handling procedures for all menu items made by the Central Kitchen or Caterer.
5. Each agency and/or caterer may use standardized HACCP recipes or may modify their own recipes to meet HACCP requirements. Standardized recipes are included in the L.A. County Foodservice Standard Operating Procedures (SOP) Manual.
6. HACCP recipes developed by agencies/caterers should follow the recipe format found in the SOP Manual, or follow the format outlined in the National Restaurant Association's (NRA's) HACCP Reference Book. Each recipe should note the Critical Control Points (CCPs) and Potentially Hazardous Foods (PHFs).
7. Agencies and caterers are encouraged to try new recipes. The recipe must be put in a HACCP format when it is added to the cycle menu.
8. All food specification sheets and HACCP recipes must be on file by July 1, 2022.
9. It is critical that the ENP Nutritional Analysis for the FY 2021-22 or most recent menu cycle that was completed by the DASS contractor be an integrated part of the menu writing process. The Project Dietitian will provide this analysis as a part of the menu review and planning process. This analysis highlights critical components of the menu and provides a focus for menu planning and improvement. In particular, attention must be paid to the sodium content of the meals with a continued goal for sodium reduction in menu planning.
176
L.A. County Menu Specifications FY 22-23
10. The "Menu Writing Template" must be utilized as a part of the menu development process. This template is to be completed first, prior to typing the menu. It is a valuable tool and aid in ensuring that items are properly meeting the specifications (such as no back to back entrees, etc.) and all requirements are met. The template worksheets should be all on one sheet to easily see if there are duplications for any of the components. Once the template has been checked and verified that it meets requirements, the menu can be typed. An accurate template must be turned in with your completed menu as it assists with the review and certification process. Menus will not be accepted without the menu template.
GENERAL MENU REQUIREMENTS
1. All menus using nutritional analysis must be updated for nutritional content.
Nutritional content can be averaged each week to see if nutrient standards have been met. However, the menu must contain at least 25mg Vitamin C every day, 233ug Vitamin A on at least three out of five different days of the week or four out of seven days a week and 200 IU of Vitamin D daily (may be averaged over the week). Serve potassium rich food consistently.
2. The component meal pattern template may be used instead of nutrition analysis for determining nutritional adequacy. If the component method is used, the AAA Standardized Menu Form must be used. The menu must meet the Senior Meal Pattern requirements. The menu must contain at least 25mg Vitamin C every day, and 233ug Vitamin A three times per week in a 5-day program, or four times per week in a 7-day program. Vitamin C sources must be indicated by one ", Vitamin A sources must be indicated by two**. Two foods can be used to provide the Vitamin C or the Vitamin A. However, the amount that each component provides must be noted on the menu and totaled at the bottom of the menu for that day. The menu must contain at least % serving of whole grains each day, with each serving providing at least 3-grams of fiber. Sodium that exceeds I,000 mg must be noted with a '+' symbol and can only be used in a holiday menu with ethnic catered being exempt. Potassium rich foods must be on the menu consistently and noted with an [=] symbol. For HOLIDAY meals exceeding 1,000 mg sodium the amount of Potassium must be noted at the bottom of the menu column for that holiday meal. If for any reason the menu does not meet the menu component requirements, the Nutrition Project Director must obtain the approval of the AAA Nutritionist and/or DASS RD.
3. Senior Component Meal Pattern Requirements:
I Protein: Include a variety of protein foods from both animal & plant sources. 3-oz. protein equivalent from the protein subgroups:
Meat (lean), Poultry and Eggs Seafood
Beans, Peas & Lentils Soy Products (Includes Tofu) Must provide 45-22 grams or protein from the 3 oz. protein equivalent.
The meal shall contain 3 ounces of cooked, edible portions of meat, fish, poultry, legumes, eggs, cheese (or a combination there of) or, in casserole dishes, entree salads, and sandwiches, 3 oz of cooked, edible portions of meat, fish, poultry or 177
L.A. County Menu Specifications FY 22-23
fish providing at least 15 grams of protein for one meal per day. Meat and poultry should be lean or low-fat, and nuts should be unsalted. a. If proteins normally high in sodium are served for variety and client satisfaction, use low sodium versions whenever possible. b. Serve legume dishes using mature dried beans, peas, and lentils as offen as possible in accordance with participant acceptance. Try to include legumes at least once per week. Each serving must provide I 5gm protein. c. Lequme dishes may not be counted as both a veqetable and a protein in the same meal.
d. Soups containing at least one-half cup of beans, lentils, or split peas may be counted as one ounce of protein/meat. Soup containing one ounce of protein/meat must be served with an entree containing at least two ounces of meat.
e. 3 oz. tofu equals 6gm of protein. Entrees must at least have I 5gm of protein.
I Vegetables: Include a variety of vegetables from all five subgroups Minimum of '1-2 servings with at least one servinq from each subgroup per week. Vegetable subgroups:
Dark Green Vegetables Red & Orange Vegetables Beans, Peas, Lentils Starchy Vegetables Other Vegetables
One-servinq is % c or 1 c raw leafy greens. Some servings may be more than % cup to meet the vitamin C requirements, such as coleslaw. Refer to the certified menu.
a. Vegetables as a primary ingredient in soups, stews, casseroles or other combination dishes must total % cup per serving.
b. One serving of raw leafy vegetables equals 1 cup. !/i C of raw leafy greens may be served, but is counted as % serving.
c. Legume dishes may not be counted as both a veqetable and a protein in the same meal.
d. Potatoes and sweet potatoes count as vegetables. Cornbread counts as a grain, but not a whole grain. Sweet corn would be a vegetable.
I Fruits: Must have 1 -serving DAILY with at least % of the fruit from whole fruit.
One-serving Equals: Whole fruit includes I medium, !/2 c fresh, chopped, cooked, frozen or canned (in juice), % c dried fruit, OR % c 1 00% fruit juice. JRecommend limiting juice to 2x week & must have !/i servinq of whole fruit with itl a. A serving of fruit is generally:
* Medium sized whole fruit
t(D
178
L.A. County Menu Specifications FY 22-23
% cup fresh, chopped, cooked, frozen or canned, drained fruit % cup dried fruit
% cup I 00% fruit juice
b. Vitamin C fortified juice bases may be used as vitamin C sources, but do not count as servings or fruit.
c. Fresh, frozen, or canned fruit should be packed in juice, light syrup, or water.
Rinse fruit packed in heavy sugar syrup.
d. Fruit-based desserts, such as pies or cobblers, may not be used to meet the full required servings for fruit in a meal. If it contains at least % c fruit it may be counted as a half serving.
J Grainsl-2servingsDAILYwithatleasthalfofthetotalgrainsawholeqrain.
One serving Equals: I slice bread, % c cooked brown rice, pasta, quinoa, bulgur, barley, I -6" corn tortilla, I oz. whole wheat crackers. All must be trans-fat free. a. A variety of whole grain products should be consumed. Recommended are those highest in fiber (barley, brown rice, buckwheat, bulgur, oats, quinoa, whole rye, and whole wheat).
b. There must be !/2 serving of a whole grain .
c. Grains that are processed (not whole) must be fortified. d. High sodium grains are to be used only in conjunction with low sodium entrees. This would include cornbread, biscuits, large flour tortillas and large French rolls. 1/2 of a French roll could be used to cut sodium to 200mg.
I Dairy & Soy Alternatives - Include I -serving daily.
One serving Equals: 8oz. (1 cup) of fat-free or I % milk OR yogurt OR fortified soy beverage OR fortified soy yogurt.
a. Each meal shall contain eight ounces of vitamin A & D fortified skim, reduced fat, or buttermilk (maximum of I % milk fat) or fortified soy beverage OR fortified soy yogurt. Low-lactose and lactose-free dairy products are available for individuals who are lactose intolerant.
b. Products made from plants (e.g., almond, rice, coconut, oat and hemp "milks") are not included as a part of the dairy group because their overall nutritional content is not similar to dairy milk and fortified soy beverages. c. Cream, sour cream and cream cheese are not included due to their low calcium content.
I Other /Optional [Dessert/Condiments]- Limit sweets to once per week, all must be trans-fat free.
(7
179
L.A. County Menri Specifications FY 22-23
One Servinq Equals: % cup pudding, fruit crisp, gelatin, ice cream or 2 small cookies, cake or pie OR Yogurt Parfait.
a. When a dessert contains '/+ cup of fruit per serving, it may be counted as a half serving of fruit.
b. When serving pudding or gelatin consider using a sugar-free product for all participants.
c. If a high calorie dessert is served, it must be trans-fat free. d. Salt substitutes shall not be provided.
e. Sugar substitutes, pepper, herbal seasonings, lemon, vinegar, non-dairy creamer, salt, and sugar may be provided, but do not count as fulfilling any part of the nutrient requirements.
f. Salad dressings, salsa, hot sauce, ketchup, soy sauce, mustard, mayonnaise do not need to be counted as long as they are served on the side and are not mixed in with the food.
g. Shelf stable meals may be used as emergency supplies. Meals must follow menu standards. If purchased for emergencies, the meals must be used before or discarded afier the use by/expiration date.
h. Vitamin and or mineral supplements shall not be provided.
Medical foods, nutritional supplements and food for special dietary uses shall not be provided with federal or state nutrition funds.
I Water- 6-8 oz. Daily
Vital to hydration, water must be readily accessible to participants during mealtimes. The water can be bottled or can be provided from pitchers or a water cooler with cups available.
a. Optional beverages (regular and decaffeinated coffee and tea) do not contribute to meeting 1/3 RDA and are not an allowable AAA expense.
I Fat
Fat is not a requirement. Each meal may contain fat components to increase the palatability and acceptability of the meal. Trans-fat free margarine or oils may be used in food preparation or served as an accompaniment to the meal. a. Fats and oils are part of a healthful diet. The type of fat consumed makes a difference to heart health, and total amount consumed is also important. * Consume less than 10% of calories from saturated fats. Foods containing trans fatty acids cannot be used for preparation or service. l0
180
L.A. County Menu Specifications FY 22-23
* Keep total fat intake between 20 to 35% of calories. LJse sources of polyunsaturated and monounsaturated fatty acids, such as fish, nuts, and vegetable oils.
MENU WRITING COMPONENTS
1. AII FY22-23 menus must be provided on the revised menu forms. This includes holiday, frozen and box lunch menus.
2. Review the nutritional analysis of the menus provided by the DASS contractor of the current menu cycle in order to improve menu planning, as needed, review menu preferences of senior population and items from QA meetings as a part of the menu planning.
3. All cycle menus shall be planned for a minimum of four weeks or a maximum of six weeks, approved by the Project Dietitian, and approved/certified by the DASS contractor. Menus must be certified once per year.
4. To increase variety, include entree alternates in the cycle. The agency can serve alternate one in the first month, alternate two in the next cycle. Menus will be approved using both alternates.
5. Two to four times a month, have a "Choice Day" when the seniors can select one of two entrees served. Pair a popular item like pork chops with one not so popular, such as fish, to increase the variety of entrees served.
6. The menu cycle should include holiday meals, ethnic meals, box lunches, special breakfast and/or dinner menus. Special menus should be substituted in the menu at least once per month to add variety and interest. The Project Dietitian must approve all menu substitutions.
7. Serve an entree salad a minimum of twice a month during July, August, and September.
8. Serve soup with all sandwich and salad meals on the standard menu.
9. Menus shall reflect seasonal availability of food. The term "Seasonal Fruit" may be listed on the menu no more than once per week. If the fruit is the Vitamin C source, the type of fruit must be identified.
10. Most meals providing one-third of the DRI's containing on average approximately 550 to 700 calories. There must be no less than 550 calories.
11. The sodium content must target 760 mq per meal averaged over the number of meals per week. A hiqh sodium meal can only be provided as a holiday menu, excludinq ethnic catered menus. In addition, Potassium rich foods must be identified with an [=] symbol and the total Potassium for the meal must be noted at the bottom of the meal column. When possible, use low 181
L.A. County Menu Specifications FY 22-23
sodium cheese, meats, and sauces. The sodium levels of all processed foods MUST be listed on the menu. It is the caterer's responsibility to provide this information during the menu planning phase. This would include such items as ready prepared or processed meat lasagna, stuffed cabbage, stuffed peppers, breaded meat or chicken patties, etc.
12. Low sodium products to make soups, gravies and sauces MUST be used. The Caterer/Central Kitchen needs to provide a copy of the nutrition facts label from sauces, salad dressings, and other prepared foods. Use herbs, spices, and lemon that do not contain sodium to enhance the flavor of food prepared. Do not use monosodium glutamate.
13. Limit use of ground meat or poultry to twice per week for 5 days per week programs and to three times per week for 7 days per week programs. One of the products must be a formed ground meat product.
14. Encourage low fat methods of preparation (bake instead of fry) and use of reduced fat products such as 1% and nonfat milk. Meals should contain less than 35% fat with a target of 20-35% total calories from fat (may average over a week).
15. Trans fat free oils must be used in food preparation. Trans fat free prepared entrees crackers, and desserts shall be served. A trans-fat free prepared food contains less than O.5 grams trans fat per serving. There cannot be any Trans Fats.
16. Food items shall be varied within the week and within the menu cycle. a. Avoid having the same entree, fruit, vegetable, or dessert on the same day of the following week. For example, do not serve turkey on Monday of two consecutive weeks.
b. Do not use the same meat, poultry, starch, vegetable, or fruit, even in a different form, two consecutive days in a row. For example, do not serve apple juice on Monday and baked apple on Tuesday. c. Provide a variety of foods and preparation methods. Consider color, different food combinations, texture, size, shape, taste, and appearance.
17. Specify foods used. For example, identify vegetables used in vegetable soup and stew; the type of gelatin and fruit used in fruited gelatin; the specific fruit used for dessert; or fruits used in a fruit cup. If vegetable soup provides the vegetable serving for the day then ensure that !/2 cup of vegetable is in each portion.
18.lndicatethetypeofdressingsforsalads. Usedressingslowinsaturatedfatand sodium. Programs must now offer at least one low-sodium salad dressing option (such as oil and vinegar) as a choice.
'l 9. Specify the types and amounts of gravies, sauces, and relishes to be served. 2C)
182
L.A. Corinty Menu Specifications FY 22-23
20. Double check that the word "Fortified" is indicated for margarine, and 'Vitamin C Fortified" for juice and mashed potatoes if appropriate.
21. Serving sizes and/or serving implements must be included for all items served.
Example: 2 peanut butter cookies; 4 oz orange juice; 2" x 2" trans-fat free cake; 2 4-oz ladies beef stew.
22. Encourage a switch from Styrofoam cups, plates, and bowls. Start using paper or reusable dishware.
23. Menus must be typed and is the responsibility of the agency, not the Project Dietitian.
24. It is the Project Dietitian's responsibility to carefully review the menus after they have been typed to ensure all menu requirements are met, and to correct any errors.
25.When the menu has been approved by the Project Dietitian, e-mail one complete menu to the DASS contractor (CNS). Be sure the agency maintains a copy.
The menu must be a Word document, not a pdf file. Do not fax or mail menus.
Menus must be submitted electronically except for the Menu Cover Sheet (the s35 original which must be mailed to CNS). The Menu Cover Sheets must be completed in full prior to mailing to CNS.
26.The certified cycle menu for each week shall be posted in a conspicuous spot in the kitchen at each congregate meal site. The Site Manager shall check the certified menu for the proper serving utensils (such as scoops, spoodles and ladles) needed to serve each meal. The approved menu for the month shall be posted in the site's dining room. Monthly menus shall be available for seniors.
27.A11 menu substitutions must be pre-approved by the Project Dietitian. Serving unapproved menu changes may result in disallowed costs for the meals by the AAA.
28.A11 special events menus must be pre-approved by the Project Dietitian. Serving unapproved menu changes may result in disallowed costs for the meals by the AAA.
183
Lag ANGH,LESI COUNTY AREA AGENCY ON AGING TITLE nI C MENU PATTERN COVER SHEET July 1, 2022 to June 30, 2023
Human ServicesAssociation
Agency Name
PROJECTTITLE: HUMANSERVlCESASSOCiAT[ON
MENU WRITTEN BY: finy Chen, Human ServicesAssociation, SASSFA & YMCA DATE
MENU APPROVED BY PROJECT
cou'scn.ORDEstGNEE(CHAIRPERSON'Ssrcna'rtmh) ''- / DATE MENU APPROVED BY PROJECT DIRECTOR (S{GNATURE) Darren Dunaway, Senior Services Director ' )7a' DATE
COMMENTS ON THE MENUS BY ANY OF THE ABOVE INDMDUALS \ii,
March 12022
March 1, 2022
March 1, 2022
ON-SITE or
TR[O Community Meals
# OF ROUTES:
NAME OF CATERER , ,,,
23 Frozen:
Evaluated by:
293,725/1,174
NOT COMPLETE ANY OF THE ITEMS
DattiReceived: DateRevised:
Duration of Mcnus: July 2022-June 2023 (6 WEEK CYCLE) Date of Implementation: 1-Jul-22
MENU P ATTERN REQUIREMENTS
Acceotable
YES NO ,!U2; STATE REQglEMENTS
ACCEPTABLE
YES NO
Menu approved by Dietitian/Nutritionist J Vitamin A sources 3 x/ week(y_2 days) 4xlwk for 7 days %j,
Menu submitted 4 weeks prior to seivice J Vitamin C source 25 mg Daily ' Food component listed separately (casseroles) y Protein 3 oz. Protein Equivalent i/ Portion size is listed j Vegetables 1-2 sei'vings; }nclude 5-subgroups each week: (/ Good use of seasonal foods J Dk Gffen, Orange/Red/Starchy{Beani, Peas Lentili/Other %/ Ethnic, cu}hiral and religious preferences v" Fruit l serving daily; at tcasi 1/2 from Whole Fruit daily J Restrict sweets, fats and sodium ] Whole Grain-}-2 daily; }/2 of the grains must be WG. %/ Variety in types of foods Dairy & Soy Alternatives-l serving 8oz. Or lc (Fortified) v" Variety in preparation Water 6-8 oz (C l only) J
Variety in color/texture/flavor J
Areas of
,wS.,A!Tc:yF,JE81ar:e
184
Menu Pattern: Congregate & Home Delivered Meals Week: 1 Agency Name: (2Iorrance/SASSFA / Gardena
CERTIFIED
':!9U 5ll)5gzz
&% :h
mmaaeic'ra4qaut907 AA/ s use Onlv
Dates: 07/01/22-07/03/22 10/31/22-11/06/22 03/06/23-03/12/23 OR/08/22-08/14/22 12/12/22-12/18/22 04/17/23-04/23/23 09/19/22-09/25/22 01/23/23-01/29/23 05/29/23-06/04/23 Food Group/Meal Component MONDAY TUESDAY WEDNESDAY-Choice Day
THURSDAY FRIDAY SATI}RDAY- aonlyTomncs SuNDAY- aonlyTomna Soup [Optional) If it contains % c
vegetables may count as a vegetable
Cl-LS Turkey Rice
Soup 6 oz. ladle
Cl- LS Mushroom Soup 6
oz. ladle
Protein: (3oz. Equivalent/15 grams)
3 oz. Meat, Poultry, Seafood,3/4 c
Cooked Beans, Tofu or 3 Eggs - List
portlon size & components of mixed
entrees
Meatloaf with LS Gravy
3 oz. Ground Beef
2 oz. Low Sodium Gravy
Spatula
LS BBQ Chicken
3 oz. Chicken Leg & Thigh
1 oz. 15 Homemade BBQ
Sauce
Tongs
Blacken Tilapia Fish
3 oz. Fish Unbreaded
Spatula OR
Pork Loin w/ LS Sauce
3 oz. I'ork [EP] 1 oz. 15 Sauce
rongs
A: Chicken Chop Suey
3 oz. Chicken & 1 oz. LS
Sauce- 4 oz. spoodle
B. Hawaiian Chicken w/
Pineapple Leg & Thigh 3 iiz.
Chicken & 1 az. 15 Sauce- Tongs
[=] Beef Stew
3 oz. beef
2 oz. LS sauce
% c- Potatoes, Celery,
2 x #8 scoop
Chicken Salad Sandwich
3 oz. Chicken
# 8 scoop
Tuna Salad Sandwich
3 oz. tuna
# 8 scoop
Vegetables: (1-2 Servings)
At least I servmg from each sub-
group/Week:
Dark Green, Red/Orange, Legumes,
Starchy Vegetables, Other Vegetables
I 1 serving = X c OR 1 c for leafy
greens
[=] Vitamin C Fortified
Mashed Potatoes"
% cup- #8 Scoop
Green Beans
% cup- 4 oz. spoodle
"" Broccoli
% Cup- 4 oz. spoodle
174 RE
[=] LS Baked Beans
% Cup- 4 oz. spoodle
Peas & Onions
% Cup- 4 oz. spoodle
Coleslaw ' (No carrots)
% Cup- 6 oz. spoodle
Oriental Vegetables
igreen beans, red pepper, water
chestnuts)
% cup- 4 oz. spoodle
Chopped Asian Salad
w/Romaine & Green
Onions- 2x4 oz. spoodle
I tsp crunchy Noodles
1 T LS Asian Dressing
" Carroi5
% cup- 4 oz. spoodle
Cl: Spinach Salad
"w/Iceberg, Cucumber
& Tomatoes 1 c
2x4 oz. spoodle
I T 1000 Island Dressing
C2- Spinach"
% cup- 4 oz. spoodle
Tossed Green Salad
1 cup- 4 oz spoodle x 2
1 tbs. salad dressing
[=] Potato Salad
% cup- # 8 scoop
Red Cabbage Slaw w/
Carrots""
% cup- # 6 scoop
[=] LS Three Bean Salad
(LS Kidney, Garbanzo &
Green Beans)
% cup- 4 oz. spoodle
Fruit: (1 Serving)
)'f the fruit must be from whole fruit
I serVing=l medium fruit/ % C chopped
OR 100% FruitJuice ilimit 2x weekl
Ambrosia Salad (peach,
pineapple, pear and shredded
coconut GARNISH)
% c Fruit - # 8 scoop
Fresh or Canned Pears
w/Cinnamon I each= %C
or 4 oz spoodle
C2- 100% Grape Jce 4 oz.
[=] Banana
1 each to equal % cup
[=] Cantaloupe ""
% cup- 4 oz. spoodle
C2- 100% Cranberry juice
4 oz.
[=] Orange a
1 each to equal '% cup
[=] Kiwi "
1 each to equal % cup
Tropical Fruit'(Guava,
Pineapple, Papaya-NAS)
% cup- 4oz. spoodle
Grains: (1-2 servings))4 of the
SERVNGS must be whole grain Daily 1
serving=l slice bread,1/2 c Rice, Pasta,
Bulgur
Whole Grain Bread
1 each- Tongs
Whole Grain Dinner Roll
I each
Barley Pilaf
!A C- # 8 scoop
Whole Grain Bread
I each- Tongs
Brown Rice
% cup- # 8 scoop
WG Dinner Roll
1 each- Tongs
Whole Grain Bread
2 slices / tongs
Whole Grain Roll
1 each/tongs
Dairy & Say Alternatives (1 Serving) 1 Sening
= 8oz FF/LF Milk, Yogurt OT Fortifled Soy
Bevera@e
[=]1 % LF or NF - 8 0z [=]1 % LF or NF = 8 0z"
14[] RE
[=] 1 % LF or NF = 8 0z [=]1 % LF or NF = 8 0z [ =] 1 % LF or N F = 8 0z [=]1 % LF or NF = 8 0z [=]1 % LF or NF = 8 0z Other/Optional I€essert, Condimentsl No
Trans Fat Limit Sweets Limit 1 x/week
Oabneal Cookie
1 each- Tongs
Total RE 314
Water [CI] 6-8 ounces Water- 6-8 ounces Wattit - 6-8 ounses Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Not Applicable- C2 Not Applicable- C2 " Indicates High in Vitamin C " Indicates High in Vitamin A ""Indicates High in Vit C & A [ &] Indicates High Fiber [+] Sodium [=] Potassium County Menu Template FY22-23 3-28-22 5-9-22 S-17-22 5-27-22 185
Menu Pattern: Congregate & Home Delivered Meals Week: 2 Agency Name: HSA/T orrance/SASSFA /Gardena
CERTIFIED
(Ia\{'i€%\!a:%22'NTY O LO:) ANG LES
A..EAA0ENCYONA ixJ:(Ha pp A Llse Onlv
Dates: 07 /04/22-07/10/22 11/07/22-11/13/22 03/13/23-03/19/23 08 /15/23-08/21/22 12/19/22-12/25/22 04/24/23-04/30/23 09 /26/22-10/02/22 01/30/23-02/05/23 06/05/23-06/11/23 Food Group/Meal Component MONDAY TUESDAY WEDNESDAY THURSDAY- Choice Day FRIDAY SATLIRDA'l- aonly Tananm
SIJNDAY- aanlyTomnca
Soup 10ptional) If it contains K c
vegetables may count as a vegetable
Cl- [=] LS Lentil Soup
6 oz. ladle
Cl-LS Chicken Cilantro Soup
6 oz. ladle
Cl- LS Tomato Bisque
6 oz. ladle
Protein: (3oz. Equivalent/15
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu or
3 Eggs - List portion size &
components of mixed entrees
Herb Chicken
3 oz. Chicken
1 each = 3 oz. EP
Tongs
Pork Loin Apple Berry
Sauce
3 oz. Pork [EP]
2 oz. LS Sauce
Spatula
LS BBQ Hamburger
3 oz. Ground Beef
I oz. BBQ LS Sauce
Spatula
Cl/C2 Turkey Chili (2 oz.
Grd Turkey, % c LS Beans,
% c Barley) Cheese
garnish 2x4oz. Spoodle2
OR Vegetarian Chfii 3/4 c
beans ILS garbanzo & LS
Kidney), % c Barley) Cheese
Garnish - 2x4 oz. spoodle
Lemon Dijon Baked Fish
3 oz. fish
2 oz. LS Sauce
Spatula
Turkey Sandwich
3 oz. LS Turkey tongs
1 pkt. Mayo
Egg Salad Sandwich
3 oz. E(;g
% c- #8 Scoop
Vegetables: (1-2 Servings)
At least I sennng from each sub-group/Week:
Dark Green, Red/Orange, Legumes, Starchy
Vegetables, OthetVegetahles
I serving = % c OR 1 c for leafy
greens
Carrots"
% cup- 4 oz. spoodle
LS Marinated Beet
Salad
% cup- 4 oz. spoodle
Zucchini /Squash
Medley
% cup- 4 oz. spoodle
Romaine Caesar Salad
w/ Crouton
I c- 2x4 oz. spoodle
1 T Caesar Dressing
Corn
% cup- 4 oz. spoodle
Broccoli Florets""
% cup- 4 oz. spoodle
174RE
Cl- [=:] Baked Potato
lea = % cup- tongs;
C2- [=] Baked Potato
Wedges % c- 4oz.spoodle
Chopped Kale & Spinach
Salad w/Tomatoes""
1 cup- 2x4 az. spoodle
I T Italian dressing
W- [=lBanana Squash"
% cup- 4 oz. spoodle
S- Peas
K cup- 4 oz. spoodle
Coleslaw"
% cup- 6 oz. spoodle
[=] LS Three bean
salad
%cup-#8scoop
Lettuce & Tomato
To equal X cup
Broccoli Salad""'
% cup- # 8 scoop
174 RE
[=l Potato Salad
% cup- # 8 scoop
Fruit: (1 Serving)
% the fruit must be from whole fruit
1 serving=l medium fruit/ X c chopped
OR 100% Fruit Juice (limit 2x week)
[=] Tangerine"
I each= Xc
Kiwi' 1 each = % cup 1/4 cup Berries (in dessert) 100% Grape Juice
1/2c - 4 oz.
S: Watermelon
% cup- 4 oz. spoodle
W: Apple or Applesauce
1 each= %c or 4 oz spoodle
[=] Banana
I each to equal % cup
C2- 200% CB uice 4 oz.
[=l Mandarin
Orange"'
H c- 4 oz. Spoodle
Fresh Pear in Season OR
Llnsweetened Canned I
equal to
% cup- 4 oz. Spoodle
Grains: (1-2 servings)
% of the SERVNGS must be whole grain Daily
1 serving='l slice bread,1/2 c Rice, Pasta,
Bulgur
WG Penne Pasta w/LS
Marinara Sauce
% cup- 4 oz. spoodle
Brown Rice
% c- #8 Scoop
WG Bun I each/ ton(;s
Cl: Macamni Salad
% cup- # 8 scoop
Cornbread TFF
I each- Tongs
Barley- % c in Entr6e
Rice Pilaf
(X Brown A White)
% cup- # 8 scoop
Whole Grain Roll
1 each
Whole Grain Bread (2)
Dairy & Soy Alternatives 11 Serving) I Serving
8oz FF/LF Milk, Yogurt /Fortified Soy Beverage
[=]1 % LF OT NF = 8 0z. [=]1 % LF OT NF = 8 0z. [=]1 % LF or NF = 8 0z. " 140 RE Total RE- 314
[=]1 % LF or NF = 8 0z. [=] 1 % LF or NF = 8 0z. [=]1 % LF or NF = 8 0z. [=]1 % LF or NF = 8 0z.' 14CI RE
Other/Optional (Desseri, Candimentsl No
Trans Fat Limit Sweets Limit I x/week
[=] Vanilla Yogurt
w/1/4 cup Berries -
1/2 c- 4 oz. spaodle
Cl Sour Cream-l T. Total RE- 314
Water [CI] 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 64 ounces Water - 5-)1 ounces Water - 6-8 ounces Not Applicable- C2 Not Applicable- C2 I TFF Spread-1 tsp.
' Indicates High in Vitamin C " Indicates High in Vitamin A "'Indicates High in Vit C & A TOTAL RE :ixa 1 TFF Spread-1 tsp.
[&] Indicates High Fiber [+] Sodium [=] Potassium County Menu Template FY22-23 3-28-22 5-9-22 5-17-22 5-27-22 186
Menu Pattern: Congregate & Home Delivered Meals Week: 3 Agency Name: HSA/Torrance/SASSFA/Gardp=na
CERTIFIED
(",/ ' s)4(,,,
u>aytb
ForAAALlseOnlv
Dates: 06 /12 /23 - 06 /18 /2302 /2 0 /23 - 02 /2 6 /2 3 03 /20 /23 - 03 /26 /23
04 /17 /23-04/23/23
05 /15 /23 - 05 /21 /23
10 /31 /22-11 /06 /22
11 /28 /22-12 / 04 /22
12 /2 6 /22 - 01 /01 /23
01 /23 /2 3 - 01 /2 9 /23
07 /11/22-07 /17 /22
0B /08 /22 - 08 /14 /22
0 9 /05 /22 - 0 9 /11 /22
1 0 /03 /22-10 /09 /22
Food Group/Meal Component MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY- a OnlyTorraiia_ SUNDAY-a OnlyTarrance Soup (Optional) If it contains A c
vegetables may count as a vegetable
Cl- LS Cream of Corn Soup 6
oz. ladle
Cl- LS Minestmne 6 oz.
ladle-Do not duplicate veg.
Protein: (3oz. Equivalent/15
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu or
3 Eggs - List portion size &
components of mixed entrees
Roast Beef w/ LS gravy
3 oz. L5 beef
2 oz. LS Gravy
Spatula
Tuna Sandwich
3 oz. tuna
% c- # 8 scoop
S rviay- act Diced Chicken
Salad 3 oz. EP Chicken-
#8 SCOOp W Nov-April&
C2: Lemon Pepper
Chicken 3 oz. Chicken Leg &
Thigh-Tongs
Spaghetti w/
Meatballs
3 oz. Ground Beef
[2 House made Meatballs
1.5 oz. each) 2 oz. LS Sauce
2 oz. Ladle
Chtcken Enchilada w/
Red Sauce
3 oz. Chicken
2 oz. LS Sauce
6 oz. spoodle or 3x3
Spatula
Egg Salad
3 01 egg
X cup / # 8 scoop
Roast Beef Sandwich
3 oz. LS Beef
Tongs
1 pkt. MayO
Vegetables: (1-2 Servings)
At least I servm@ fmm each sub-group/Wepk:
Dark Green, Red/Orange, Legumes, Starchy
Vegetables, Other Vegetables
I serving = % c OR 1 c for leafy
greens
[=] Vit C. Fortified
Mashed Potatoes "
% cup- # 8 scoop
[=] Sauteed Spinach "
!/2 c- 4 oz. spoodle
Carrot Pineapple Slaw"
% c- 6 oz. spoodle
Shredded Brussels
Sprout & Cabbage
Salad'
% cup- 4 oz. spoodle
W/C2-Green Bean
Almondine
X c- 4 oz. spoodle
S: Iceberg, Romaine, Bell
Pepper & Red Onion - 2c
/4x4 oz. spoodle 1 packet
Italian Dressing
W/C2-Iceberg, Romaine,
Bell Pepper, Red Onion
Salad 1 c- 2x 4 oz. spoodles
1 T Italian
Broccoli"'
% cup- 4 oz. spoodle
174RE
Mesclun Mix Salad
1 cup- 2x4oz. spoodle
1 T Vinaigrette Dressing
[=] LS Pinto Beans
% cup- 4 oz. spoodle
Caulfflower "
)'S cup- 4 oz. spoodle
Cl- Chopped Salad w/
tomato & cucumber
1 cup- 2x4 oz spoodle
1 T Italian Dressing
[=] LS Marinated Beet
Salad
% cup / 4oz. spoodle
Lettuce & Tomato
To equal % cup
Coleslaw""
w/ 2 T Shredded Carrots
% c 6oz. spoodle
Fruit: (1 Serving)
)'f the fruit must be from whole fruit
I serving=l medium friiit/ % c chopped OR
200% Fruitluice ilimit 2x week)
Waldorf Salad
(apple/grapes/celery)
X cup- 4 oz. spoodle
[=] Cantaloupe ""
I each to equal % cup
Tongs
[=l Mandarin Orange"
% C- 4 oz. spood le
C2-l00%Apple Jce 4 oz.
Fresh Pear
1 each to equal % cup
Fresh Apple
1 each to equal % cup
Tropical Fruit"( Guava,
Pineapple, Papaya - NAS)
%c / 4oz. spoodle
Frozen Strawberries'
( No added sugar)
% cup 4 oz. spoodle
Grains: (1-2 servings)
'A of the SERVNGS must be whole grain D;iily
I serving=l slice bteadj/2 c Rice, Pasta,
Bulgur
WG Rail
I each- Tongs
WG Bread
2 Slices- Tongs
S: WG Rail
I each- Tongs
W/C2: Brown/Wild Rice
X C- #8 scoop
WG Spaghetti
K c- 4oz. spoodle
Sourdiiugh Bread w/
I T. Garlic Spread
I each- Tongs
Corn Tortilla (2 each.
In Entree) 3 gm fiber
Whole Grain Roll (1)
Tongs
WG Bread 2 slices/
tongs
Dairy & Soy Alternatives (1 Serving) 1
Serving = 8oz FF/LF Milk, Yogurt or
Fortified Soy Beverage
[=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz.
[=] 1% LF or NF = 8 oz."
140 RE
[=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz.
Other/Optional (Dessert, Condiments)
No Trans Fat Limit Sweets Limit 1 x/week
S: 1 TFF Spread-1 tsp
1 packet of Italian Dsg.
TOTALRE314 Sugar Cookie
1 each-Tongs
Water [CI] 6-8 ounces Water - 5-8 ounces Water - 6-8 ounces Water - 6-8 ou nces Water-6-8 ounces Water - 6-8 ounces Not Applicable- C2 Not Applicable -C2 " Indicates High in Vitamin C "" Indicates High in Vitamin A ""Indicates High in Vit C & A [ &] Indicates High Fiber [+] Sodium [=] Potassium County Menu Template FY22-23 3-28-22 5-9-22 5-17-22 5-27-22 187
Menu Pattern: Congregate & Home Delivered Meals Week: 4 Agency Name: HSA/Torrance/SASSFA/Garc'ena
CERTIFIED
%!:l"
r ty r jl _A _i I lair< nnlit
Food (iroup/Meal Componeht MONDAY TUESDAY Choice DAY WEDNESDA'Y THURSDAY FRIDAY SATuRDAY- C2 0nly Tarrana_
-'iUNDAY-0 €inlyTorrance
Soup (Optional) If it contains X c
vegetables may count as a vegetable
Cl- LS Cream of Broccoli
SCILID 6 oz. Ladle
Cl- [=]LS Northern Bean Soup 6
oz. ladle
Protein: (3oz. Equivalent715
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu or
3 Eggs - List portion size &
components of mixed entrees
Fish Almondine
3 oz. fish
2 oz. sauce
Spatula
[=l Turkey Lentil Stew % c
15 lentil/garbanzo & % c corn, %
c Barley, 2 oz turkey I % c 2X 6
oz. spoodle OR
[=] Lentil Stew 3/4c LS
lentil/garbanzo & % cup corn, % c
sarley 1 % c. -2x 6 oz.
spoodle
Beef Lasagna
3 oz. ground beef,
2 oz. 15 tomato Sauce
3"x3"- spatula -
Parmesan Cheese
garnish
S way- act: LS Turkey &
Cranberry Salad 3 oz. LS
Turkey- # 8 scoop
W Nov-AprillC2-lS Roast
Turkey
3 oz.LS Turkey 1 oz.LS gravy
S Aday- act: BBQ Pulled
Pork 3 oz. shredded pork
LS Sauce I c- #8 scoop
W: Nov-April/C2: Pork
Loin w/ brown gravy
2 oz. LS Sauce
3 oz. pork- Tongs
Chicken Salad
Sandwich
3 oz. Chicken
X cup #8 scoop
Turkey Sandwich
3 oz. LS Turkey
Tongs
1 Pkt. Mayo
Vegetables: (1-2 Servings)
At least I serving from each sub-Oroup/Week:
Dark Green, Rad/Orange, Legumes, Starchy
Vegetables, Other Vegetables
1 serving = % c OR I c for leafy
greens
Zucchini
)4 cup- 4 oz. spoodle
C2: Carrots
% cup- 4 oz. spoodle
Peas & Onion
% c- 4 oz. spoodle
[=]Cooked Spinach &
Kale "
% c- 4 oz. Spoodle
Broccoli &Cauliflower'
% cup- 4 oz. spoodle
LS Beet & Onion Salad
1/2 c- 4 oz. Spoodle
Trl Color Coleslaw"
(purple/green & 2 T Carrots)
% c- 6 oz. Spoodle
S: Garden Salad
I cup / 2x 4 oz. spoodle
1 Tb. Balsamic dres.
W/C2 Green Beans 1/2c
S: [=] Potato Salad
% c- #8 scoop
W/C2: Roasted
Potatoes
% c- 4 oz. spoodle [=]
[=] Collard Greens "
% cup- 4 oz. spoodle
"" Carrot, Apple,
Bell Pepper(2T)
Celery Salad
%c / 4 oz. spoodle
Lettuce / Tomato
2 slices each/ tongs
To Equal % cup
Mesclun Salad
I cup 2x 4 oz. Spoodles
1 T Ranch Drsg
LS Marinated
Cauliflower Salad"
% cup / 4 oz. spoodle
Fruit: (1 Serving)
% the fruit must be from whole fruit
I serving=l medium fruit/ % c chopped
OR 100% Fruit Juice (limit 2x wet_k)
Pineapple & Mango"
(unsweetened)
% c / 4 oz. spoodle
Orange"
1 each to equal % cup
S- Watermelon
1 each to equal % cup
W- Applesauce
%c - #8 Scoop
[=] Banana
I each to equal % cup
C2- [=] 100% Cranberry Juice 4
oz.- % c
[=l Orange'
I each to equal % cup
Fresh Seasonal Fruit
1 each to equal % cup
(Do not duplicate vegetabls
this week.
Canned Aprtcots' % cup
/ 4 oz. spoodle ( no
added sugar)
100%Grape Juice 4 oz.
Grains: (1-2servings) %ofthe
SERVNGS must be whole grain Daily I
seNing=x stice bread,1/2 c Rice, Fasta,
Bulgur
WG Bread 1 each-
Tongs
Biscuit TFF
I each- Tongs
Barley in entr6e- % c
WG Pasta !4 c in entrie
WG Bread w/l T Garlic
Spread I each-
S: WG Bread (2) tongs
W/C2: Herb WG Stuffing
% cup- # 8 scoop
S: WG Hamburger Bun
1 each / tongs
W: Cornbread TFF
2x2x2 sq= spatula
WG Roll
I each / tongs
Whole Grain Bread
2 slices / tongs
Dairy & Soy Alternatives (1 Serving) 1
Serving = 8oz FF/LF Milk, Yoguit Fori SoyBeverage
[=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF - 8 oz. [=] 1% LF or NF = 8 €2. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz.
Other/Optional it)essert, Condiments) No
Trans Fat Limit Sweets Limit I x%eek
Cl- Vanilla Ice Cream 1= % c
C2 - Vanilla Pudding
% c / # 8 scoop
S: 1 TFF Spread-1 tsp.
2 TBSP Cranberry Sauce
Water [C1] 6-8 ounces water - 6-8 ounces Water - 6-8 ounces water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Not Appli>ble -C2 Not Appliable -C2 " Indicates High in Vitamin C " Indicates High in Vitamin A ""Indicates High in Vit C & A [ &] Indicates High Fiber [+l Sodium [=] Potassium County Menu Template FY22-23 3-28-22 5-!)-22 5-17-22 5-27-22 188
Menu Pattern: Congregate & Home Delivered Meals Week: 5 Agency Name: HSA/Torrance/SASSFA/Gardena I
I
CERTIFIED
O'+' ""l7atzy'Jk 217gH4J ,r 44 -,,-,i,,l
Dates: 11/28/22-12/04/22 04/03/23-04/09/23
01 /09/23-01/15/23 05/15/23-05/21/23
02 /20/23-02/26/23 06/26/23-06/30/23
07 /2 5 /22 - 07 /3 1 /22
09 /O5 /22 - 09 /11 /22
10 /17 /22 -10 /23 /22
Food Group/Meal Component MONDAY TUESDAY WEDNESDAY THURSDAY FmDAY SATURDAY- C2 04Torrance SLINDAY- CI Only Torrance Soup (Optional) If it contains X c
vegetables may count as a vegetable
Cl-LS Tomato Soup
6 oz. ladle
Protein: (3oz. Equivalent/15
grams) a oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu or
3 Eggs - List portion size &
components of mixed entrees
Beef Teriyaki
3 oz. beef cubed
I oz LS Sauce
4 oz. spoodle
Oven Baked Chicken
3 oz. Chicken (Leg &
Thigh)-
Tongs
Stuffed Bell Pepper
% Bell Pepper
3 oz. ground turkey
2 oz. LS Sauce
6 oz. spoodle
Beef Picado
3 oz. beef strips
I oz. LS Sauce
6 oz. spoodle
SMay-act: TunaSalad
3 oz. Tuna - #8 Scoop
W Nov-April /C2: Fish
Lemon Dill sauce 3 oz.
fish w/o breading-
Spatula
Roast Beef Sandwich
3 oz. LS Roast Beef
Tongs
I Pkt. Mayo
Chicken Salad
Sandwich
3 oz. Chicken
# 8 Scoop
Vegetables: (1-2 Servings)
At least 1 serving from each sub-Broup/Week:
Dark Green. Red/Orange, Legumes, Starchy
Vegetables, Other Vegetables
I serving = % c OR 1 c for leafy
@reens
Oriental Vegetables
(Bok Choy, Cabbage &
Broccoli)
X cup- 4 oz. spoodle
[=] Spinach Salad"'
w/(1/3 c) Shredded
Brussels Sprouts I cup-
2x4 02. spoodle
I T Asian dressing
Cauliflower"
% cup- 4 oz. spoodle
Cl-[=] Fresh Baked
Sweet Potato ""to
equal H cup -Tongs
"'C2-[=]Mashed
Sweet Potato
% c- #8 scoop
Zucchini Medley
% c- 4 oz. spoodle
Carrots"
Y2 c- 4 oz. spoodle
Creamy Cucumber
I Salad
% c- 4 oz. spoodle
[=]Chopped Romaine
Salad Greens w/Corn
& Radish (garnish)
1 cup- 2x4 oz. spoodle
1 T Ranch Dressing
LS Black Beans
% cup- 4 oz. spoodle
S: Carrot & Raisin
Salad" % c-#8 Scoop
' W/C2: Banana Squash"
% cup- 4 oz. spoodle
Green Salad with Red
Onion
1 cup- 2x4 oz. spoodle
1 T 1000 Island dressing
LS Marinated Vegetable
Salad % cup 4 oz. Spoodle
(Cauliflower, brocco)i,
onion & red bell pepper)'
Mesclun Salad
I cup- 2x4 oz. spoodle
I T Vinaigrette
Lettuce and Tomato
2 slices each / ton(;s
To equal % cup
Coleslaw'
% cup- # 6 scoop
Fruit: [1 Serving)
X the fruit must be from whole fruit
1 serving=l medium frui/ K C chopped 0R
1CIO% Fruit Juice (limit 2x week)
S: Plums or Peaches 1 each
to equal X cup
W: Applesauce w/cinnamon
H cup- 4 oz. spoodle
Pear
1 each to = )'f cup
Kiwi"
1 each to equal K cup
[=]Mandarin Oranges"
1 each to equal :A cup
[=] Cantaloupe"
X cup- 4 oz. spoodle
C2- 100% Pineapple Juice
4 oz.
Seasonal Fruit
1 each to equal % cup
(do not duplicate fruit for
the week)
Mango"
% cup - 4 oz. spoodle
Grains: (1-2 servings) K ofthe
SERVNGS must he whole grain Daily 1
::'=""""a"n"""""' I
Brown Rice
%c - #8 scoop
LS Cornbread Stuffing
% cup- #8 scoop
Whole Grain Roll
1 ea.- Tongs
Spanish Rice
(1/2 brown )'l white)
% cup- #8 Scoop
Small WG Tortilla-l
S: WG Bread
2 ea.- Tongs
W/C2: Barley Pilaf
% c- #8 Scoop
Whole Grain Bread
2 Slices / tongs
WG Rail
I ea/ tongs
tEE'-:"=='-""'="""'l
[=] 1% LF or NF = 8 oz. [=] 1!X. LF or NF = 8 oz. [=l 1% LF OT NF = 8 oz. [=] 1% LF or NF = 8 oz. [ =] 1% LF or NF = 8 oz. [=l 1% LF or NF = 8 oz. [=l 1% LF OT NF = 8 oz. "::='<':"=";":;="":'-:"=""" l
1 TFF Spread-1 tsp CI- Rainbow Sherbet
C2- Van/Choc Pudding
% cup- 4 (II. spoodle I
Water[Cl] 6-8 ounces I
Water - 6-8 ounces Water - 5-8 ounces
I
Water - 6-8 ounces
------------=- I--------------- I
Not Applicable- C2 Not Appliable- C2
' Indicates High in Vitamin C " Indicates High in Vitamin A "'Indicates High in Vit C & A [ &] Indicates High Fiber [+l Sodium [=] Potassium County Menu Template FY22-23 3-28-22 5-9-22 S-17-22 5-27-22 189
Menu Pattern: Congregate & Home Delivered Meals Week: 6 Agency Name: HSA/Torrance/SASSFA/ Gardena
CERTIFIED
-17>g-
FUI laAA. uSl_ LlnlV
Dates: 08 /01/22-08/07/22 12/05/22-12/11/22
09 /12/22-09/18/22 01/16/23-01/22/23
10 /24/22-10/30/22 02/27/23-03/05/23
04 /10 /23 - 04 /16 /23
05 /22 /23 - 05 /28 /23
' Food Group/Meal Component MONDAY TuESDAY (Choice Day) WEDNESDAY THURSDAY FRIDAY SATIIRDAY- a OnlyTorrince SUNDAY- a OnlyTormnce Soup (Optional) If it contains % c
vegetables may count as a vegetable
Cl- LS Mexican
Vegetable Soup ino
beans/ carrots) 6 oz. ladle
Cl- LS Corn Chowder
Soup 6 oz. ladle
Protein: (3oz. Equivalent/15
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu or
3 Eggs - List portion size &
components of mixed entrees
Chicken Mole
3 oz. Chicken (Leg &
Thigh)-
Tongs
Pork Loin w/Mustard Sce
3 oz. Pork- Tongs OR
Baked Fish lbreaded)
3 oz. fish EP non breaded
Spatula
Beef Stroganoff
3 oz. beef cubes
LS Sauce
6 oz. Spoodle
Baked Ziti (Turkey)
3 oz of ground turkey
% c WG Pasta
1 Tb. Cheese for garnish
2x 4 oz. spoodle
Rosemary Chicken
W/Creamy Garlic
Sauce
3 oz. Chicken- Tongs
I oz. LS sauce- Ladle
Tuna Salad Sandwich
3 oz. tuna
% cup # 8 scoop
Roast Beef Sandwich
3 oz. LS beef
I pkt. Maya
Vegetables: (1-2 Servings)
At least 1 senimg fmm each sub-group/Week:
Dark Green, Red/Orange, Legumes, 5tarchy
Vegetables, Other Vegetables
I serving = % c OR 1 c forleafy
greens
[=] LS Pinto Beans
% cup- # 8 scoop
Carrot & Raisin
Salad"
% c - #8 Scoop
Corn
% c- 4 oz Spoodle
Spinach/Kale Salad
""w/Tomato & 1 Ranch
Dressing Packet
1 c- 2 x 4 oz. spoodle
Zucchini Medley
% cup- 4 oz. spoodle
Mesclun Mix Salad w/2
T Shredded
w/Italian Dressing
1 c- 2 x 4 oz. spoodle
Peas
'% cup - 4 oz. Spoodle
Green BeanS
% cup-4 oz. Spoodle
Cauliflower"
% cup- 4 oz. spoodle
Chopped Salad (lettuce,
celery, purple cabbage,
w/Balsamic Vinaigrette)
X cup- 4 oz. spoodle
Lettuce & Tomato
Slices -2 each to equal )'2
Cup TANGS
LS 3-Bean Salad
% cup - 4oz, 5poodle
Broccoli Slaw""
% cup / 4 oz. spoodle
174RE
[=] Potato Salad
% cup # 8 scoop
Fruit: (1 Serving)
!a the fruit must be from whole fruit
1 serving=l medium fruit/ % c chopped
OR 100% Fruit Juice (limit 2x week)
[=]Orange '
I each to equal X cup
C2- 200% Cranberry
juice 4oz.
Apple or Unsweetended
Applesauce
% cup- 4 oz. spoodle or %
cup
[=] Cantaloupe ""
X cup- 4 oz. spoodle
[=] Pineapple
w/Mango'
% c- 4 oz. spoodle
% c Fruit Cocktail in
Dessert
IOO%Grape Juice
4 0Z.- % c
[=] Tangerine"
1 each= to % cup
Canned Peaches
[na added sugar]
%c/ 4 oz. spoodle
Grains: (1-2 servings)
K of the SERVNGS must be whole grain Daily
1 serving=l slice bread,1/2 c Rice, l'asta,
Bulgiir
WG Bread 1 slice -
Tongs
Barley Pilaf
% cu p- #8 Scoop
Egg Noodles
% c- 4 oz. Spoodle
WG Pasta in entr6e
% c/#8 scoop
Sourdough w/Garlic
Spread 1 each- Tongs
Wild Rice
% cup- # 8 scoop
Whole Grain Roll
I each tongs
Whole Grain Bread
2 each/ tongs
Dairy & Soy Alternatives (1 Serving) 1
Sening = 8oz FF/LF Milk, Yagurt or
Fortlfied Soy Beverage
[=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. [=] 1% LF Or NF :8 02. [=] 1% LF or NF = 8 oz. [=] 1% LF or NF = 8 oz. " 14CI RE
Other/Optional (Dessert, Condiments) No
Trans Fat Limit Sweets Limit 1 x/week
Tartar Sauce- lpkt Red Manhattan Gelatin
(with % cup fruit cocktail)
% cup- 5 az. spoodle
Total RE 314
Water [CI] 6-8 ounces Wattt - 6-8 ounces lAfater - (i-8 ounces Water-6-8 ounces Water - 6-8 ounces Water - 5-8 ounces Not Applicable cz Not Applicable- C2 ' Indicates High in Vitamin C " Indicates High in Vitamin A o"'Indicates High in Vit C & A [ &] Indicates High Fiber [+] Sodium [=] Potassium County Menu Template FY22-23 3-28-22 5-!)-22 5-17-225-27-22 190
Menu Pattern: BOX LUNCHES %eencv Naine: HSA/ SASSFA 4 CERTIFIEp
P{ 51z'lp
1% A I kp nnlv
Dates: July 2022- June 23 NO PROCESSED MEATS
Food Group/Meal Component Box Lunch #1 Box Lunch #2 Box Lunch #3 Box Lunch #4 Box Lunch #5 Soup (Optional)If it contains % c
vegetables may count as a vegetable
Protein : (3oz. Equivalent)
3 oz. Equivalent: 3oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans Or Tofu OR 3
Eggs/Whites. List portion size &
components of mixed entrees
Tuna Salad Sandwich
3 oz. Tuna
#8 scoop
Chicken or Turkey Salad
3 oz. LS Turkey Salad
#8 scoop
Mayonnaise-1 pkg
Turkey & Beef Sandwich
I 1/2 oz. LS Turkey,
I oz. LS Beef,
Turkey Sandwich
3 oz. LS Turkey
Egg Salad
3 oz. LS Egg Salad
#8 Scoop
1 pkt mayonnaise
Vegetables: (1-2 Servings)
At least I servinB from each sub-
group/Week:
Dark Green, Red/Orange, Legumes, Starchy
Vegetables, Other Vegetables
1 servin@ = % c OR I c for leafy greens
[=] LS Pickle Beets
(1/2 Cup) 4 oz. spoodle
Coleslaw'
(3/4 Cup) #6 scoop
[=] Potato Salad
(1/2 cup) #8 scoop
Carrot & Raisin Salad"
(1/2 cup) #8 scoop
Creamy Coleslaw ' [no carrotsl
(3/4 Cup) #6 scoop
LS Marinated Vegetables"
(LS Beans, Carrots & Onions)
(1/2 cup) 4 oz. spoodle
Lettuce Leaf - 3 slices- tongs
Tomato Slices -3 slices- tongs
Carrot Pineapple Salad"
(1/2 cup) #8 scoop
Green Salad w/ Tomato Slices (1
Cup) 2x 4 oz. spoodle
LS Italian Dressing (1 oz.)
Carrot & Raisin Salad"'
[1/2 cup) #8 scoop
Lettuce & Tomato
il cup)/ 2x 4 oz. spoodle
LS House Dressing 1 oz.
Fruit: (1 Serving)
% the fruit must be from whole fruit
I serving=l medium fruit/ % c chopped
OR 100% Fruit Juice( limit 2x week)
100% PineappleJuice
(4 oz.)
Fresh Fruit in Season
(1 each= 1/2 c) (do not duplicate
fruit for the week or juice)
[=] 100% Orange Juice"
(4 oz.)
Fresh Fruit in Season
(1 each= 1/2 c) (do not duplicate
fruit for the week or juice)
Fruit Cocktail in own juice
(1/2 cup)4 oz. spoodle
[=] Orange "
(1 each) to equal % cup
100% Apple Juice
(4 oz.)
[=] 10CI% Orange Juicea
(4 oz.)
Fresh Fruit in Season
(1 each= 1/2 c) (do not duplicate
fruit for the week or juice)
Grains: (1-2 servings)
% of the SERVNGS must be whole grain
Daily 1 serving=l slice bread,1/2 c Rice,
Pasta, Bulgur
Whole Grain Bread
(2 slices) tongs
Macaroni Salad
(1/2 cup) #8 scoop
Whole Grain Bread
(2 slices) tongs
Whole Grain Bread
(2 slices) tongs
Whole Grain Bread (2 slices)
Pasta Swirl Salad w/ Broccoli &
Onions
(1/2 c pasta-) % c- 6 oz. Spoodle
Whole Grain Bread
(2 slices) tongs
Dairy & Soy Alternatives (1 Servin@) 1
Serving = 8oz FF/LF Milk, Yogurt Fortified
Soy Beverage
1% Low Fat or Non Fat=8 oz. 1% Low Fat or Non Fat=8 oz. 1% Low Fat or Non Fat=8 oz. 1% Low Fat or Non Fat=8 oz. 1% Low Fat or Non Fat=8 oz.
Other/Optional (Dessert, Condiments) No
Trans Fat Limit Sweets Limit 1 x/week
Oatmeal Cookies, small TFF
(2 each) or large, (1 each) I
Water [CI] 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces i Water-6-8 ounces I Water - 6-8 ounces Sodium:
Potassium:
FY 22-23 " Vit C; " Vit A; " Vit A&C; [+J High Sodium; [=] High Potassiumcounty Menu Template Revised 3-28-22 5-9-22 5-27-22 'j:i 191
Menu Pgttern: HOLIDAY 1 Agency Nam =: HSA/ SASSFA
CERTIFlEn
o"'A\,,a"a,a!,"P
tar Mu USe UnlV
Food Group/Meal Component 4" of July Hawaiian luau Mexican Independence Halloween/October Soup iOptianal)If it contains )'i c
vegetables may count as a vegetable
Protein : (3oz. Equivalent)
3 oz. Equivalent: 3oz. Meat. %ultry.
Seafood,3/4 c Cooked usans O( Tofu
OR 3 Eggs/Whites
List portion size & components of
mixed entrees
BBQ Chicken
3 oz. Chicken-Leg/Thigh
1 oz. LS sauce
Tongs
Hawaiian Chicken
3 oz. Chicken Breast
(1 each) TonBs
Pozole
3 oz. Chicken 2 oz. LS Sauce
6 oz. Spoodle
Chopped onions & radish
Polish Sausage
3 oz.Sausage
1 each -Tongs
HIGH SODIUM + 150 mg K
Vegetables: (1-2 Servings)
At least 1 serving from each sub-
group/Week:
Dark Green, Red/Orange, Legumes,
Starchy Vegetables, Other
Vegetables
1 serving = X c OR 1 c for leafy
greens
LS Baked Beans [=]
1/2c- 4 oz. Spoodle
C-l-Corn-on-the-cob (1/2 ear = 1/2
cup) Tongs
C-2-Corn % c-4 oz. Spoodle
Creamy Coleslaw"
(3/4 cup)- #6 scoop
Green Salad
(1 cup)2x 4 oz.Spoodles
LS Italian Dressing (1 pkg)
Broccoli""
1/2c- 4 oz. Spoodle
174 RE A
Shredded cabbage" with lime
3/4c- 6 oz. Spoodle
Sauerkraut % c -4 oz Spoodle
Cl- German %tato Salad/ C2 Mashed
Potato [=] )4 c- #8 Scoop 4ta mg K
Cl- LS Beet and Ornon Salad
1/2c- 4 oz. Spoodle
260 mg K
C2- Peas and Clnlons
1/2c- 4 oz. Spoodle
Fruit: (1 Serving)
K the fruit must be from whole
fruit
1 seniing=l medium fruit/ % c
chapped OR 100% FruitJuice( limit
2x week)
Fresh MelOn- Waermelon, HOne7deW
or Cantaloupe
Slice to equal K cup or cut (% c) 4 oz.
spoodle
Seasonal Fresh Fruit
(Not to duplicate other fruit during
the week)
1 each = % cup
Seasonal Fresh Fruit
(No orange)
I each = K cup
Orange "
I each = % cup
235 mg K
Grains: (1-2 servings)
X of the SERVNGS must be whole
grain Daily 1 seiving=l slice
bread,1/2 c Rice, Pasta, Bulgur 1
serving
Whol5 Grain Bread
I slice- tongs
Brown Rice Pilaf
(1/2 cup) #8 scoop
Corn Tortilla
I each - tongs
LS Hominy
(1/2 cup) #8 Scoop
Whole Grain bread
(1 piece)- tongs
82 mg K
Dairy & Soy Alternatives (1
Serving) I Serving = 8oz FF/LF
Milk, Yogurt/ Fortified Soy Bev
LF or NF Milk-8 oz [=]Low fat or Non fat "
8 oz. 140 RE A
LF or NF Milk-8 oz [=]Low fat or Non fat = 8 oz. 397 mg K
Othar/Optional (Dessert,
Condiments) No Trans Fat Limit
Sweets Limit 1 x/week
Coconut Cake 2x2" / spatula TFF Arroz con Leche
(1/2 cup) #8 scoop
German Chocolate Cake
(2" square) spatula Trans-fat free
Water [C1] 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces u-Potassium
314 total RE A
FY 2022-23 g-zg-z;i' Vit C; " Vit A; "" Vit A&C; [+] High Sodium; [=] High Potassiumcouniy Menu Template 5-0-22 5-27-22 zz:iz mg A
192
Menu PBder4; HOLIDAY 2 /Igency Name: HSA/ SASSFA
RTIFIED,I
(l07"u 5Zg
[lt!lU'&'
.:'v=offlHr,,,, Llse Onlv
Food Group/Meal Component New Year ChristmaS ML-K --- - Chinese New Year Soup (Optional)If it contains Xi c
vegetables may count ;is a vegetable
Protein : [3oz. Equivalent)
3 oz. Equivalent: 3oz. Meat, Poultrv,
Seafood,3/4 c Cooked Beans Or Tofu
OR3 Eggs/Whites
Llst portion size & components of
mixed entrees
Baked Ham w/ Glaze
3 oz. Ham- tongs
2 oz. Glaze- 2 oz ladle
HIGH SODIUM + 243 mg K
LS Roast Beef w/LS Gravy
3 oz. Is Beef- tongs
2 oz. LS gravy- 2 oz ladle
Baked Chicken
3 oz. EP Chicken Leg & Thigh-
tongs
Teriyaki Chicken BOWI
3 oz. chicken
4 oz. Spoodle
HIGH SODIIJM + 2"l3 mg K
Vegetables: (1-2 Servings)
At least 1 serving from each sub-
group/Week:
Dark Green, Red/Orange, Legumes,
Starchy Vegetables, Other
Vegetables
1 seniing = % c OR 1 c for leafy
greens
Baked Yam )4 c-4 oz spoodle
242 mg K
Broccoli Spears'
(% cup) 4 oz Spoodle. 139 mg K
Green Salad
[1 cup) 2x 4 oz. Spoodles
Italian Dressing il pkg) 160 mg K
[=]Mashed Potatoes
il/2 cup) #8 scoop
IMixed Vegetables
[No potato, No tomato]
11/2 cup) 4 oz. Spoodle
Kale & Spinach Salad w/Tomatoes"" (1
cup) 2x 4 oz. Spoodle Ranch Dressing (1
pkg)
[=]LS Black Eyed Peas
(1/2 cup) 4 oz. Spoodle OR
, [=]Fresh Baked Yams"
to equal % c- tongs
" Southern Collard Greens
(1/2 cup) 4 oz. Spoodle
Asian Mixed Vegetables
(cabbage, broccoli, baby Corn, Water
i_hestnut) X c- 4 oz. Spoodle
159 mg K
Asian Cucumber Salad
(% cup) 4 oz. Spoodle 116 mg K
Fruit: (1 5erVing): X the fruit
must be from whole fruit
1 serving=l medium fruit/ X c
chopped OR 100% Fruitjuice(
jllmit 2x week)
Mango
% c - 4 oz. Spoodle
139 mg K
Seasonal Fresh Fruit
(NO orange)
1 each = % cup
Orangea
1 each = % cup
Orange Or Mandarin Oranges'
1 eaCh = % Cup OR % C-402. Spoodle
235 mz K
Grains: [1-2 servings) : % of the
SERVNGS must be whole grain
Daily 1 serving=l slice bread,1/2 c
Rice, ?asta, Bulgur I setving=l
slice bread,1/2 c Rice, Pasta
WG Dinner Roll
(1 each)- tongs
82 mg K
WG DinrlBr ROII
(1 each)-tongs
Cornbread TFF [=]
(1 each)- tongs
W(lGeaRcoh)'- tongs 82 mg K I
White Rice
(1/2 cup) #8 scoop 92 mg K
Dairy & Soy Alternatives il
Seniing) 1 Serving = 80Z FF/LF
Milk, Yogurt/ Fortified Soy Bev
[=] Low fat or Non fat 8 oz. 97 mg K [=] Low fat or Non fat 8 oz. [=l Low fat or Non fat 8 oz. Low fat or Non fat 8 oz. 397 mg K Other/Optional (Dessert.
Condiments) No Trans Fat Limit
Sweets Limit I x/week
Apple Pie 1 slice-
Spatula 18 mg K
Gingerbread Cake w/ whipped cream and
Christmas sprinkles 2"x2' square- spatula
Trans Fat Free
Peach Cobbler
(X c) 4 oz spoodle
Almond Cookies and %rtune Cookie
(1 each) Tongs
Water - 6-8 ounces Water - 6-8 ounces I
Water - G-8 ounces Water - 6-8 ounces Water - 6-8 ounces , Sodium
OPotassium:
1281 rng K
FY 2022-23 3-28-22"' Vit C; " Vi Ai "" Vit A&C; [+] High SOdium; [=] High Potassiumcounty Menu Template 5-9-22 5-27-22 1566 mg K
193
Menu Pattern: HOLIDAY 3 Agency Nan.e: HSA/ SASSFA
e_r,sR,IIhF.Ji,,:, 9
ror 444 Llse Onlv
Food Group/Meal Component Valentines St. Patrick's Easter Cinco De Mayo Soup (Optional)If it contains X c
vegetables may count as a vegetable
Protein : i3oz. Equivalent)
3 oz. Equivalent: 3oz. Meat, l'oultry,
Seafood,3/4 c Cooked Beans Ck Tofu
OR 3 Eggs/Whites
List poitian size & componenti of
mixed entrees
Chicken w/ Wine Sauce 3 oz. Chicken
Breast- spatula
2 oz LS sauce- 2 oz ladle
Corned Beef (=) 3 oz.- tongs
HIGH SODIUM +
Glazed Ham
3 oz. Ham- tongs
HIGH SODIUM + 243 mg K
Steak Picado
(3 02. Beef)
(1 oz. Onions Peppers)
4 oz spoodle
Vegetables: il-2 Seivings)
At least 1 serving from each sub-
group/Week:
Dark Green, Red/Orange, Legumes,
StarChy Vegetables, Other
Vegetables
1 serving = X c OR 1 c for leafy
greens
Peas & Carrots "'
(1/2 cup) 4 oz. Spoodle
Green Salad with Red Onions, Radish,
Corn (1 cup) 2x4 oz spoodle
Ranch Dressing (1 oz.)
Carrot & Pineapple Salad [=]" (% cup) #8
scoop
595 mg K
Boiled New Potatoes [=]
il/2 cup) 4 oz. spoodle 274 mg K
Steamed Cabbage
(1/2 cup) 4 oz. spoodle 73 mg K
Baked Sweet %tato[=]"
leachtoequal%cup-Tongs 242mgK
Green Beans (1/2cup) 4 oz. Spoodle
Spinach Salad" 167 mg K.
il cupl 2x 4 oz. Spoodles
w/Raspberry Vinaigrette 1 oz
arrange, Mango & Jicama Salad
04 cup jicama) % cup- 6 oz spoodle
L S Pinto Beans
(1/2 cup) 4 oz. Spoodle
Fruit: (1 Sening)
% the fruit must be from whole
fruit
1 serving=l medium fruit/ )'l c
chopped OR 100% FruitJuice(
limit 2x week)
Strawberries in Dessert'
' TO equal % cup
Orange '
1 each = % cup
235 mg K
Melon
I each to equal % cup
Ig4 mg K
Orange Juice" [=] 4 oz. 235 mg K
Seasonal Fresh Fruit
1 each = % cup or (!4 cup)
Use a vitamin C rich Fruit and Add a
vegetable since it has lots of carbsl
Grains: (1-2 servings)
% of the SERVNGS must be whole
grain Daily 1 serving=l slice
bread,1/2 c Rice, Pasta, Bulgur
Dinner Roll (1 each) tongs
Brown Rice Pilaf
(1/2 cup) #8 scoop
Whole Rye Bread
(1 slice) tongs
82 mg K
Whole Grain Roll
(1 piece) tongs
82 mg K
Flour Tortilla (1 each) tnngs
Spanish Brown Rice
(1/2 cup) #8 scoop
Dairy & Soy Alternatives il
Servng) I Serving = 8oz FF/LF
Milk, Yogurt/ Fortified Soy Bev
Low fat or Non fat
8 oz.
Low fat or Non fat [=]8 oz.
387 mg K
[=]LF or NF Milk 8 oz.
397 mg K
Low fat or Non fat
8 oz.
Other/Optional (Dessert,
Condiments) No Trans Fat Limit
Sweets Limit 1 +i/week
I
Cheesecake 2X2 squares- spatula w/
1/42cup strawberries -4 oz. Spoodle "
Cl-Rainbow Sherbet [=] (% cup) #8 scoop
C2-Vanilla & Chocolate Swirl
(% cup) #8 scoop
Ties leches Cake
z%710 Square- Spatula TFF
Water - 6-8 ounces I
Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Sodium
5, Potassium:
Total K 1728mg Tatal 1532 mg K
FY 2022-23 3-28-22" Vit C; " Vit A; "" Vit A&C; [+] High Sodium; [=] High Potassiumcounty Menu Template S-9-22 5-27-22 194
Menu Pattern: HOLIDAY 4 Agency Name: HSA/ SASSFA
,,b.;..cy..:yG,,
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Food Group/Meal Component Father's Day Memorial/Labor Day V/inter Comfort M-eal - Soup (Optional)If it contains X c
vegetables may count ;is a vegetable
Cl- LS White Bean Soup [=]
6 oz ladle 346 mg K
Protein : (3oz. Equivalent)
3oz. Equivalent: 3oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans Or Tofu
OR 3 Eggs/Whites
Ltst portion size & components ol
mixed enttees
Hamburger Patty-l each
(3 oz. Beefl tongs
Ketchup-1 pkg.
Mustard-1 pkg.
Pickle Relish-1 pkg.
Chili Hot Dog
3 oz meat- tongs
2 oz. chili- 2 oz. ladle
Garnished chopped onions
HIGH SODIUM +
Oven Baked Chicken
( Leg/Thigh)
3 oz. chicken/tongs
Note: Winter Comfort Meal can only
be offered one time this FY
Vegetables: in-2 Servings)
At least 1 serving from each sub-
group/Week:
Dark Green, Red/Orange, Legumes,
Sta rchy Vegeta bles, Other
Vegetables
1 serving = % c OR 1 c for leafy
greens
Cl Corn on the Cob X each- tongs
C2 0ven Roasted Corn
il/2 c) #8 scoop
Carrot-Pineapple Salad"
(1/2 Cup) #8 scoop
Lettuce, Tomato Slices, Onion Slices
(1/2 cup total)4 oz spoodle
Potato Salad [=]
(% cup) #8 scoop
738 mg K
LS Marinated Beet Salad w/ onions [=]
(% cup) 4 oz.Spoodle
260 mg K
Saut6 Kale [=]"
(1/2 cup) 4 oz. Spoodle
329 mg K
Green Salad with Sliced tomatoes w/
2 Tb. carrots"
(1 cup) 4 oz spoodle x2
Ranch Dressing (1 pkg)
Fruit: (1 Serving)
% the fruit must be from whole
fruit
1 serving=l medium fruit/ % c
chopped OR 100% FruitJuice(
limit 2x week)
Kiwi'
1 each to equal % cup
Cl-C-2
Orange Juiceo[=] 4 oz./ X cup
235 mg K
Watermelon Wedge
(1 = 1/2 cup) slice- tongs
[=] "Cuties
medium/l each to equal
1/2 cup 400 mg K
Grains: (1-2 seniings)
)G of the SERVNGS must be whole
grain Daily 1 serving=l slice
bread,1/2 c Rice, Pasta, Bulgur
WG Hamburger Bun
(1 each) tongs
WG Hot Dog Bun
(1 each) tongs
Cornbread (1 each) tongs
Macaroni & Cheese
(% cup) #8 scoop
Dairy & Soy Alternatives (1
Serving) 1 Serving = 8oz FF/LF
Mllk, Yogurt/ Fortified Soy Bev
Low fat or Non fat
8 oz
Low fat or Non fat
8 oz. 397 mg K
Low fat or Non fat 8 oz
397 mg K
other/optiiinal (Dessert.
Condiments) No Trans Fat Limit
Sweets Limit 1 x/week
Chocolate Cake
2"x2" square, Spatula
Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Sodium
,J"otassium:
1630 mg K 1361mg K
FV 2022-23 g-zg-zza Vit C; " Vit A; "" Vit A&C; [+] High Sodium; [=] High Potassiumcounty MenuTemplate s-g-;!z 5-27-22 195
Menu Pattern CONGREGATE SUBSTITUTE MENU 1 Agency Name: HSA/Torrance/SASSFA I
I--(cbRTIFlED I it(;7" _.1 '12?t22i-l '
%tg( I
543 I
ARU4@5HcyOvaGAIG ForAAA Llse Onlv
'l
Dates: July 2022- June 2023
ALL substitutes MUST be approved by PROJECT RD; Desserts can only be offered lx week - If there is another dessert on the menu Other than the day the substitution occurs it will not be able to be served. "" juice can ONLY be provided 2x week Food Group/Meal Component Substitute #1 Substitute #2 Substitute #3 Substitute #4 Substitute #5 Substitute #6 Soup Optional If it contains K c
vegetables may count as a vegetable
LS Minestrone Soup
(6 oz. ladle)
LS Mushroom Barley Soup
1/4 c barley (6 oz. Ladle)
Protein: (3oz. Equivalent/15
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu
or 3 Eggs - List portion size &
comoonents of mixed entrees
Hamburger Patty
(3 oz.) Ground Beef
Ketchup-1 pkg.
Mustard-1 pkg.
Tuna Salad
3 oz. Tuna,
I Tbls. Mayonnaise
#8 scoop
Asian Chicken Salad
[3 oz. Chicken)
#8 scoop
Chicken Caesar Salad
(3 oz. Chicken) #8 scoop
Croutons garnish
Chef Salad
1.5 oz. LS Roast Beef
1.5 oz. LS Turkey
1 T HC Egg Garnish
BBQ PORK (SHREDDED)
(3 oz. PORK)
(1 oz. L5 BBQ sauce) # 8 scoop
Vegetables: (1-2 Servings)
At least 1 serving from each sub7oup/Week:
Dark Green, Red/Orange, Legumes, Starchy
Ve@etables, Other Vegetables
1 serving = % c OR 1 c for leafy greens
Potato Salad
% cup #8 scoop
Coleslaw"
(3/4 Cup) #6 scoop
Lettuce 2 slices each
Tomato Slices 2 sl Tongs
IPotato Salad
% cup #8 scoop
Ice Berg Lettuce, Carrots,
Red peppers & celery (2
cups)" 4 X 4 oz. spoodle
I oz.LS Asian Dressing /
ladle
Romaine Lettuce
(2 cup) 4 X 4 oz. spoodle
I oz. LS Caesar Dressing/ ladle
Romaine Lettuce, LS Black Beans,
Corn, Tomato (2 cup), 4 X4 oz.
spoodle
Marinated Broccoli & Cauliflower
Salad" 1/2 cup- 4 oz. Spoodle
[=] LS Baked Beans
(1/2 cup) 4 oz. Spoodle
Broccoli Coleslaw'
(3/4Cup) #6 scoop
Fruit: (1 Serving)x the fruit must
be from whole fruit
1 serving=l medium fruit/ % c
chopped trwvmct:haeeh
Canned Pear in Juice
% c /4 oz spoodle
100% Grape Juice-1/2 c
Limit 2x week on MENLI
Mandarin Oranges" %
c./4 oz spoodle
Canned Fruit Cocktail
% cup/4 oz spoodle
100% Orange Ju!Ce" % C
Limit 2x week on Menu
Cantaloupe"'
% cup 4 oz. spoodle
Canned Peaches in Juice
1/2 cup/#8 scoop
Mandarin Oranges"
!2 C./4 02 spoodle
Grains: (1-2 servings)
)4 SERVNG must be whole grain
1 serving=l slice bread,1/2 c Rice,
Pasta. Bulgur
WG Hamburger bun
[1 each) tongs
Whole Wheat Bread
i2 pieces) tongs
WG Rail
Garish Dried Noodles
(1 each) tongs
WG Pasta Salad
% cup #8 scoop
WG ROII
(1 each) tongs
Whole Grain Hamburger Bun
(1 each) tongs
Dairy & Soy Alternatives (1 Serving) 1
5erving = 8oz FF/LF Milk, Yo(;urt or
Fortified 5oy Beverage
Low fat or Non fat
8 oz.
Low fat or Non fat
8 oz.
Low fat or Non fat
8 oz.
Low fat or Non fat
8 oz.
Low fat or Non fat
8 oz.
Low fat or Non fat
8 02.
Other/Optional (oessert,
Condiments) No Trans-Fat; Limit Sweets
to 1 x/week ONLY if No Other in the
WK
Chocolate Chip or Peanut
Butter Cookie (1 each)
Chocolate Chip Cookie
(1 each) TFF
' Oatmeal Cookie
(1 each) TFF
Carmt Cake TFF
2x2 sq
I
Chocolate Chip or Peanut Butter
Cookie(l each) TFF
Water iCl] 6-8 ounces Water - 6-8 ounces Water - 6-8 ou nces Water - 5-8 ounces Water - S-8 ounces Water - 6-8 ounces Water - 6-8 ounces (j3) Sodium
Potassium:
" Indicates High in Vitamin C " Indicates High in Vitamin A ""Indicates High in Vit C & A [ &l Indicates High Fiber [+l Sodium [=] Potassiumcounty Menu Template FY22-23 s-g-22 5-27-22 196
Menu Pattern: CONGREGATE BREAKFAST MENU -ONE Agency Name: HSA/Torrance/SASFA/Gardena 3ERTIFIE0
-r (olul';b""i
i V_ ii r*
L Th!ll (21Aj
i%a"'Xaoepvicoyso"s'!raei'asa5or444 Llse Onlv
FY 22-23
Food Group/Meal Component BREAKFAST I BREAKFAST 2 BREAKFAST 3 BREAKFAST 4 BREAKFAST 5 Soup OpttOnal If it contains % c
vegetables may count as a vegetable
Protein: (3oz. Equivalent/15
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu
or 3 Eggs - List portion size &
components of mixed entrees
Farm-Fresh Baked Omelet
3 egg
X c chopped kale and onion
Cheese garnish Spatula
Breakfast Bean Burrito
I egg
% c LS Beans
1 oz. LS salsa/2 oz. ladle
Spinach Quiche
3 Egg
% c spinach"
Cheese Garnish
3x3x3 spatuia
Veggie Scrambled Eggs
2 oz eggs
1/2 cup mixed vegetables
of choice (No Potato)
#8 scoopx2
Chili Relleno Casserole
3 eggs
% c pepper
Cheese Garnish
Spatula
1 oz.LS salsa/ loz ladle
Vegetables: (1-2 Servings)
ot least I servmg from each sub-group/Week:
Dark Green, Red/Oringe. Legumes, Starchy
Vegetables, Other Vegetables
1 serving = !A c OR 1 c for leafy greens
Chopped Kale w/ onion ""
% cup in entree
Sautee Zucchini with
onion
% c- 4 oz. Spoodle
Spinach & herbs"
% c- 4 oz. Spoodle
Sweet Potato Hash with
Leafy collard greens"'
I cup/4 oz spoodlex2
% c Vegetable in Entree
Potatoes O'Brien
% c./ 4 oz. spoodle
Vegetables in entrees
To equal % c
[=] Home Fried Potatoes With onion and
bell pepper
% c./ 4 oz. spoodle
Vegetables in entree
To equal )'2 c
Fruit: (1 Serving)
% the fruit must be from whole fruit
1 servin(;=l medium fruit/ % c chopped
Fresh OR Canned Pear
Packed in Juice
% c /4 oz spoodle
100% Orange JCt! % C-4 02.
Mandarin Oranges'
% c./4 oz spoodle
200% Grape Juice % C-4
02. Fresh OR Canned Peaches
Packed in Juice
% cup/4 oz spoodle
lOO%Orange Juice 'o
!4 c- 4 oz.
Fresh Fruit Cup (honeydew,
cantaloupe, watermelon)
% c - 6 oz. Spoodle
lOO%Orange JlltCe" % C- 4 02.
Cantaloupe"""
% c./4 oz. spoodle
100% Pineapple Jce !2 C-4 oz.
Grains: (1-2 servings)
)'f SERVNG must be whole gram E33
1 serving=l slice bread,1/2 c Rice,
Pasta, Bulgur
Buckwheat Pancakes
2, 5" each/ tongs
Corn Tortilla ( 1) each Whole Grain Toast
Islice/Tongs
Whole Grain Toast
I slice/T ongs
Oatmeal (Plain)
% cup/4 oz spoodle
Dairy & Soy Alternatives (1
Serving) 1 Serving = 8oz FF/LF Milk,
Yogurt or Fortified Soy Beverage
1% LF or NF-8 oz. 1% LF or NF-8 oz. 1% LF or NF-8 oz. 1% LF or NF-8 oz. 1% LF or NF-8 oz.
Other/Optional (DeSSert, Condiments)
NO Trans Fat Li mit Sweets Limit 1 x/week
1 tsp TTF margarine
1 pkt. Syrup
1 tsp TTF margarine 1 tsp TTF margarine TFF margarine 1 pkt I Tb. brown sugar on the side
Water [CI) 6-8 ounces I Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces Water - 6-8 ounces " Indicates High in Vitamin C " Indicates High in Vitamin A ""Indicates High in Vit C & A [ &] Indicates High Fiber [+] Sodium [=] Potassium County Menu Template FY22-23 5-9-22 547-22 197
Menu Pattern: Breakfast Congregate TWO Agency Name: HSA/Torrance/SASFA/Gardena C !A(OrLc slYFo:E.DrLG,lvF\,o\,rA).
/
l/l U!:(_ Onlv
FY 22-23
Food Group/Meal Component BREAKFAST 6 BREAKFAST7 BREAKFAST 8 BREAKFAST 9 BREAKFAST 10 Soup If it contains % c vegetables may
count as a vegetable
Protein: (3oz. Equivalent/15
grams) 3 oz. Meat, Poultry,
Seafood,3/4 c Cooked Beans, Tofu or
13coEmggpso:lensftspoof'moixnesd"een&trees
Vegetables Frittata
3 egg
X c zucchini & onion
1 Tb cheese for garnish
Spatula
Breakfast Beef Burrito
1 egg
2 oz. ground beef
I T cheese garnish
I oz LS salsa on the side/ I
oz. ladle
Egg Baked Omelet
3 eggs
!i c onion, mushroom, pepper
I T cheese garnish
Spatula
All American Breakfast Scrambled Egg
2 egg/ #16 scoop
Homemade LS turkey sausage patty
1 oz./tongs
Scrambled Eggs/French Toast
3 egg (2 in scrambled 1 in French
Toast (below)
%c spinach & mushroom"
6 oz spoodle
Vegetables: (1-2 Servings)
At least 1 serving friim each sub-group/Week:
Datk Green, Red/Orange, Legumes, Starchy
Vegetables, Other Vegetables
1 serving = X c OR 1 cfor leafy greens
Oven Brown Potatoes
% c 4 oz spoodle
X c Vegetables in Entree
Corn, L5 Black Bean Tomato Salad
% c- 4 oz. Spoodle
[=] Sautee Kale""
% cup-4 oz spoodle
!2 c Vegetable in entree
[=] Sweet Potato Hash
% c 4 oz spoodle
Home Fried Potatoes with onion
and bell peppers
% c/ 4 oz spaodle
% c Vegetable in Entree
IFruit: (1 Serving)
' % the fruit must be from whale fruit
1 serving=l medium fruit/ % c chopped
I
Citrus Cup"
Orange & pmeapple
% c./4 oz spoodle
Mandarin Orange[=]"
X c/4 oz. spoodle
100% Grape Juice % c-4 oz.
Fresh OR Canned Peaches
% cup/4 oz spoodle
Fruit Cocktail Cup (peaches, pears, grapet
pmeapple, chemes
1/2 cup/ 4oz spoodle
100% Orange Jll!Ce" % C-4 02.
Cantaloupe "" [=]
% cup/4 oz spoodle
I
Grains: (1-2 servings)
!4 SERVNG must be whole grain
I serving=l slice bread,1/2 c Rice,
Pasta, Bulgur
Whole Grain English Muffin
1 bun/tongs
Corn Tortilla in entr6e Oatmeal
% cup/#8 scoop
Whole Grain Toast
1 each/tongs
WG French Toast
(1 egg in French Toast )
1 slice/tongs
Dairy & Soy Alternatives (1 Seniing) 1
Seniing = 8oz FF/LF Milk, Yogurt or
Fortified Sov Beveraee
1% LF or NF-8 oz. 1% LF or NF-8 oz. 1% LF or NF-8 oz. 1% LF or NF-8 oz. 1% LF or NF-8 oz.
Other/Optional (Dessert,
Condiments) No Trans Fat Limit
Sweets Limit 1 x/week
Plain yo(Hurt
% c./4 oz. spoodle
1 Tb. jam on the side
TFF Banana Nut Bread 2x2
TFF margarine I pkt
1 Tb. brown sugar
Plain Yogurt % c- 4 oz. spoodle
Granola I T.
1 pd/TFF margarine
1 pkt syrup
Water [C1] 6-8 ounces J3j8r - 5-8 ounces Water - 5-8 ounces Water - 6-8 ounces Water-6-8 OUNCES Water - 6-8 ounces " Indicates High in Vitamin C " Indicates High in Vitamin A "Indicates High in Vit C & A [ &] Indicates High Fiber [+] Sodium [=] Potassium County Menu Template FY22-23 5-9-22 5-27-22 6-6-22 198
=a/ HSA
Human Services Association
2022-2023 HOLIDAYOBSERVANCES
Independence Day S
Labor Day N
Thanksgiving 4?"1
Christmas b
Monday, July 4, 2022
Monday, September 5, 2022
Friday, November 11, 2022
Thursday & Friday, November 24 & 25, 2022
Friday and Monday, December 23 & 26, 2022
New Year's Eve
Martin Luther King Jr. Day "R"
Presidents' Day
Cesar Chavez Day ffl
Memorial Day
Monday, January 2, 2023
Monday, January 16, 2023
Monday, February 20, 2023
Monday, March 21 2023
Monday, May 29, 2023
MondayJune 19, 2023
';S7
199
CITYMANAGER'S OFFICE Item No. 6
JUL 0 6 2022
l":l((aJ\ City of South Gate
CITY COUNCIL
A(GENIDA BJ[LL
For tlie Regular Meeting of: July 12, 2022
Originating Depaitment: Administrative Services
SUBJECT: INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 31, 2021 PURPOSE: California Governi'nent Code Section 53646 reqriires staff to submit a repoit to the City Council and City Manager, at least quaiterly, wl'iicli provides detailed information on all investments of tlie City.
RECOMMENDED ACTION: The City Council will consider receiving and filing the Quaiterly Investment Repoit for the qriaiter ended December 31, 2021.
FISCAL IMPACT: Interest earnings totaled $173,803.81 for tl'ie quaiter.
ANALYSIS: None.
BACKGROUND: Attached is the Investment Report for tlie qriarter ending December 31, 2021, for tlie City and Horising Autl'iority (Attachment 1- Quarterly Investment Report).
In keeping witli tlie City's investment policy, all investments are sliort-to-mediun'i term in duration, witli maturities currently ranging from 1 day to 4 years. All investments are maintained in accordance with California Goveii'unent Code Section 53646 and tlie City's investment policy, with respect to the type ofinvestmentvehiclesinwliiclitheCity'smoneyisinvested. AsofDecember31,2021,"45.52%oftlie City's portfolio is invested in agency securities and non-callable certificate of deposits tl'iat have maturities in excess of one year. In dollar amorints, that equates to $53,353,341.23 of tlie City's total pottfolio of $117,210,694.93 invested in securities tliat mature between 13 n'ionths and 4 years from now. The City Treasurer and Director of Administrative Services can certify that the funds are invested to provide sufficient casli flow for a period of six montlis.
As of December 31, 2021, the City's General Fund had a positive casli balance of over $7.5 million (Attacl'iment 2 - Scliedtile of Cash Balances).
ATTACHMENTS: A. Qriaiterly Investment Report
B. Schedule of Cash Balances
I
200
Attachment A
CITY OF SOUTH GATE
QUARTERLY INVESTMENT REPORT
DECEMEIER 31, 2021
201
QUARTIER !NDING OAT!i 1213112021
CITY OF SOUTH GATE
INVESTMENT REPORT
DECEMBER 31, 2021
ll.S. GOVT & AGENCY ISSUES:
FANNIE MAE
FANNIE MAE
FARMER MAC
FANNIE MAE
FANNIE MAE
FRE €DIE MAC
FREDDIE MAC
FEDERAL FARM CREDIT BANK
FRE[)DIE MAC
FANNIEMAE
FEDER AL FARM CREDIT BANK
FREDDIE MAC
FREDDIE MAC
FREDDIE MAC
US TREASURY NOTE
FANNIE MAE
FEDERAL HOME LOAN BANK
FREDDIE MAC
FANNIE MAE
FEDERAL FARM CREDIT BANK
FEDERAL HOME LOAN BANK
FEDERAL FARM CREDIT BANK
FEDER AL HOME LOAN BANK
FEDERAL HOME LOAN BANK
US TRE ASuFIY NOTE
FEDERAL FARM CRa)IT BANK
FEDERAL HOME LOAN BANK
US TREASURY NOTE
118 TREASURY NOTE
FEII)ERAL HOME LOAN BANK
FE[)ERAL FARM CREDIT BANK
FEDERAL FARM CREDIT BANK
TOTAL
3135GOS38
3136G4ME0
3132XO11A7
3135GO5P4
3136G4K51
3134GAYO
3134GWKU9
3133EMQM7
3134GWEAO
3136G1U38
3133ELEA8
3134GW3W4
3134GXDZ4
3134GWA71
912B28ZL7
3138G4K69
3130AK5E2
3137EAEX3
3136G44114
3133EMDZ2
3130AKFJO
3133EMPD8
3130AL6J8
3130ALFX7
91282CBWO
3133EML67
3130ANFU9
91282CCP4
91282CCW9
3130ANW71
al33ENBK5
31 33ENFPO
CORPORATE BONDS - ME[)luM TERM NOTESi
None
TOTAL
L18. TREASu Y BIL6
None
TOTAL
BROKERED, CERTIFICATES OF DEPOSIT
BMW Bank North Amena 05580ASJ4
Cetoline Trust Bank 144200BB7
Texas State Bank
Avidbank l"alo Alto CA
Texas Exchange (lk Ctomey
Penn Community Bank
Insutors Bank
Wex Bk Midvale Utah
First National Bank oT Miah
;!IST Cenly Bk Minn
First Premier Bk Sloux Falls
Flalwalei Bk Gothembuig Neb
Hamni Bank
Soulhem Slates Bankoan Tnst
85652BDC5
05368TBK8
8824ffGX2
7073i2AQ7
45776NDM5
92937CJY5
32114VBY2
901 3BSTW6
33610RTP8
33B85WAC4
1110493ES5
B43B79DA2
35141
57026
27074
57610
20099
30401
36621
34697
58269
9751
8085
10639
24170
58558
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
AAA
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21212Ch 7
272812(Y7
672912017
aflOl2020
871712020
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afl412020
271 812021
712912020
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1012812020
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91912020
211912021
811912020
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11612021
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311012021
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713072021
811212021
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972312021
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911712019
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372512020
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411 512020
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372812022
313112022
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4h 112022
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84 87
90 98
101
104
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108
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1.002.108 65
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992,948 aa
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1005.450 aa
32,769,438.83
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249.000 00
249,000 00
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998,530 DO
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993.320 00
990,890 00
992,600 00
gsy.zeo DO
1.025.450 00
985.090 00
9B4.440 00
985.400 00
977.810 00
975.120 00
972.B50 00
972.920 00
975,600 00
973,050 00
980,450 00
970.700 00
980.390 00
1955,240 00
980.200 00
gsa,zoo oti
983,340 oa
972.380 00
977.620 00
985,890 0€
989,200 oti
l[l0a280 0n
32,345,7 a:r.oa
247.876 85
249.756 96
249.644 91
249.261 45
249.430 77
24B.44B 88
249.40B 36
248.776 24
249.592 62
249.545 31
248.686 96
248.558 00
249.634 95
249.560 25
2,012 40
2.392 00
8,070 00
17,795 [)O)
(5,266 00)
(6,010 00)
(B 550 00)
(9110 00)
(9 391 00)
(14.931 00)
28,349 42
(14 910 00)
(17 545 00)
(1709300)
(25104 00)
(24 880 00)
(22 l 19 00)
(27 080 00)
(24 400 001
(26.950 001
(18. 300 00)
(29 300 00)
(19 610 00)
(25 110 00)
(21 908 65)
(u.soo oo)
(1a6s0 00)
(20. 586 00)
18 532 00)
(t<.ttOOO)
17,800 00)
15,190001
i423,896.83i
876 85
758 98
1344 91
261 45
430 77
448 88
408 36
778 2A
592 62
545 31
686 96
558 0(I
634 95
560 25
9,777 78
5,808 33
j04 44
1,233 33
1,153 89
400 DO
1.427 08
750 00
1,900 00
1,583 08
4.911 SS
717 50
450 00
305 56
649 04
1,833 33
1218 75
1,020 83
98611
l .011 11
721 39
1,862 50
2.204 86
3.700 00
l .298 08
zoo oo
3,730 56
2,615 49
2,5tni 79
2,749 44
2,248 33
l .257 22
62,335.9i
1.289 48
130 98
114 61
467 98
3411
652 27
178 05
799 04
172 sg
1 l 5 97
635 97
529 97
112 56
115 97
:r oss
213%
1 88%
0 30%
0 31 %
0 30%
0 38%
0 20%
0 45%
0 41%
1 88%
0 41%
0 46%
0 51%
0 38%
0 51 %
0 39%
0 38%
0 51 %
0 53%
0 54%
0 46%
0 64%
0 61%
0 76%
0 81%
0 86%
0 84%
0 77%
1 02%
1 15%
j 46%
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Semi-Annual
Semi-Annual
Semi-Annual
8emi-Annual
Seml-Annual
Seml-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annuel
Semi-Annuel
Seml-Annuel
Semi-Annuel
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Seml-Annual
Semi-Annual
Semi-Annual
Monthly
Monthly
Semi-Annual
Monthly
Semi-Annual
Monthly
Semi-Annual
Monthly
Monthly
Semi-Annual
Semi-Annual
MonthlV
Monthly
202
QLIARTER ENOING DATEi
Cln OF SOUTH G ATE
INVESTMENT REPORT
DECEMBER 31, 2021
BROKERED. CERTIFICATES OF DEPOSIT:
SteainsCounty 857894E54
Texas Cap Bank N A Dallas Texas 88224PLX5
GoldmanSachs 38149MFVO
AllyBank 02007GLR2
Wells Fatgo Bank 949763J64
SallieMae 7954504B8
Synovus Bank, GA 87184DRB8
Wginia Panneis Bank 928066BA6
Wells Faigo National 949495AT2
CalifomiaBankCommLaTayelte j3005CAG6
Cume Slate Bank 23130SDU4
Nodhpoinleaenk (186813HHO
CITBank 12556LBD7
Bank of New England Nh 08428KBS8
SynchionyBank 87165HA311
%mebank 74163U1P6
Wllliametle Valley Bk 8alem Or 969294CD7
Mldwesl Cmnly Bk Ill 59B315CE7
NiiMstaiBank 66704MES6
West Michigan Community Bank 954444BU8
Btunsvm.kBankTrManalapanNJ 117034AB4
Luena !iavings Bank 549104JP3
Nicolet Natlonal Bank e540B2Jl-12
MerrickBank 59013KCZ7
CommunitybankTexNABeaumonl 204161BP7
Magnolla Bank IndMag KY 559582ASO
CFBank 15721111)CO
Fltsi Bank Hamilton NJ 319137AW5
Fkst Foutxlalion Bank Innne CA 32026uWG7
Commein:al Bank Nelson Nsb 201 46AAT7
First Source Bank 33846CLV4
Commonwealth Business Bk Los 202750603
Flist National Bank of Ameni.a 32110YNV3
Commundy First Bank 20370AAE7
Centeielale Bank 152(YOCN5
Thomaslon Svgs Bk Ct 88457PAM9
Pacific Entetpnss Bk Ca 694231AG6
Fivt Stale Bank 33648PBM4
Third Fed Svgs Ln Assn of 884130CN6
NewYoikCommunilyBankWeslbury 649447UP2
First Stale Bank of Dequeen 33B4BO€ A5
East Boston Savlngs Bank Boston MA 27113PDMO
Commerce Stale Bank 20070PLRB
American Eagle Bank 02554BDC2
First Bank oT Pueilo Rn:o 33767GAG3
PeoplesBank 710665FD7
Morgan Stanley PVT 61760AY80
Eneibank 29278TLK4
McHenty State Bank 58'H7WAH0
Bank oT Old Monioe 054236BGB
Abacus Fetleial Savlngs 00257TBH8
SpringBank 849430BAO
MedallianBank 58404DFJ5
Entetpnse(lank 2936711A2
LakesideBank 51210SQV2
Commsttiial Savings Bank 20229'lAF7
Bankwesl OB652C1-IBO
34519
12118i2(Y9
71241202Cl
9{1 172019
9{12j20l9
9118120S9
9{1812019
31912020
12f30l2019
112212020
812af2020
31231202t)
af2512020
Rf27120l9
41212020
41312020
01UO9120
04109120
0411 5120
0471 5120
04h 5120
713!12020
91lBl20j9
372712020
913012019
4124120:X)
12f2312020
9Ml20j9
U2812021
2f512021
stmozo
371312020
272812021
272812020
312712020
313012020
0410:1120
0410912Cl
0411512(1
05121720
06103721
812012020
811212020
811912020
812412020
gieaoi g
311012020
9h2J2019
9h3120l9
3113f2020
giaizoig
arisr;ioia
911972019
912372(119
912712019
912772019
912712(119
9127120j9
711812022
712512022
971212022
9j12120Z.
9h912022
911912022
121912022
1213012022
'173012023
212112023
312312023
312712023
312712023
41312023
413t2023
411012023
411012023
411412023
411412023
411412023
713112023
9118{2023
912712023
912972023
1072412023
12t2212023
111U2024
1129V2024
2f512024
27712024
2112f2024
212672024
212812024
312712024
41112024
41312024
4f912024
<tisizoz<
572112024
613QO24
712112024
afl212024
%1912024
af2612024
91612024
971012024
911212024
911312024
911312024
911812024
91!812024
91l9t2024
912372024
912772024
912772024
912772024
912712024
l 99
206
255
255
262
262
343
384
395
417
447
451
451
458
458
465
465
469
469
469
577
626
635
637
682
721
741
759
766
788
773
787
789
817
822
824
830
837
872
885
934
955
962
969
980
984
986
987
987
992
992
993
997
1001
1001
jOOl
1001
249.000 00
249.000 i)O
247.[)DO 00
247.000 (10
249.000 00
247,000 00
247.000 00
249,000 00
249.000 00
;iiig,otio oo
249,000 00
249,0[)0 00
:ray,ooo oo
249j)00 00
248,000 00
249,000 DO
249,000 00
249,000 00
;i<g,oao oo
249.000 00
249.000 00
247,000 00
249,000 ao
249,000 ao
249,ODD 00
249.000 00
249.000 00
249,000 00
249,000 0tl
249.000 00
248.000 GO
zs.ooo oo
249.000 oo
249,000 00
248,000 00
248,000 00
249.000 00
249.000 00
zitg,oao oo
249.000 00
249.000 00
249.000 00
249,000 00
249.000 00
249,000 00
249.000 00
247,000 0III
249,000 oa
249,000 0(I
:-itg,ooo 00
249.000 00
249,000 00
249,CK)0 00
:ity,oao oti
249,000 00
247,000 oa
249,000 on
250,969 59
248,980 0S
249.593 50
249.593 50
251781 33
249,74864
249.917 07
252.34j 58
253.101 03
248,437 26
250,613 52
250,155 36
251.191 59
250,309 74
251,188 98
251,283 41
251104 05
251,437 71
250.957 14
250.957 14
247.91 187
251.3117 20
250,823 48
253,858 79
251.721 57
247,077 72
254,233 98
248,584 70
248,539 88
246.786 39
252.280 48
246129 03
253,5119 07
249.779 37
249.31192
249.862 48
25t706 63
251417 79
249.017 43
246,572 25
246.226 14
246.076 74
245,898 26
245,969 67
258;128 87
253.486 98
254,06914
255.81513
253155 81
254,82411
2511,82411
254,490 45
255,837 54
253,439 29
255,508 86
253,105 84
254,836 56
i,geg sg
(tg 92)
2,593 50
2,593 50
2.781 33
2.74664
2.917 07
3,341 58
4,jOl 03
(582 74)
1.613 52
115536
4.191 59
1309 74
3186 98
2,283 41
2.104 05
2.437 71
1,957 14
1,957 14
(1 088 13)
4.347 20
1,623 48
4.658 79
2.721 57
(1.9Z 28)
5,233 98
(2.IN5 30)
12,460 12)
12 213 611
4,280 48
12 870 97)
4,589 07
779 37
1311 92
1 A62 48
2 ,706 63
2,417 79
12,427 75)
12.773 861
12.923 26)
13,301 74)
13 030 331
7128 87
4,486 98
7,069 14
6.81513
4.155 81
5. 824 l 1
5,82411
5,490 45
6.837 54
8.439 29
8,508 86
6.105 84
5.836 56
l 85 56
274 58
1,384 25
1,352 07
176 69
1314 51
1,234 32
23 19
38 88
182 83
58 33
38 20
1,189 36
173 96
886 68
180 44
172 59
139 17
121 77
121 77
171
1.138 88
32 40
22 51
130 98
15 35
243 54
6 82
203 29
250 71
1.141 48
614
42 30
28 99
soo ao
842 08
188 28
125 52
209 77
69 24
28 65
339 05
26 61
1910
361 07
225 12
j,427 19
239 79
187 94
162 36
162 36
146 33
113 58
1.169 36
61 40
1.136 88
57 99
1 89%
0 25%
l 78%
l 78%
l 83%
l 83'/o
1 58%
S 68%
S 87%
0 20%
0 94%
0 80%
1 77%
0 85%
! 43%
1 14%
1 09%
1 1 9%
1 04%
l 04%
0 25%
1 57%
0 94%
l 62%
1 19%
0 25%
! 68%
0 20%
0 20%
0 25%
! 47%
0 15%
1 52%
0 85%
Low
Low
Low
Low
Low
Low
Low
Low
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
LOW
Low
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Monthly
Month)/
Semi-Annual
Monthly
Monthly
MonlhlV
MonlhlV
Semi-Annual
MonthlV
MonfhlV
Monthly
Monlhly
Monthly
Monthly
Monlhl}
Monthly
Mnnlhly
Monthly
Monthly
Monthly
MonthlV
Monthly
Monthly
Monthly
Semi-Annual
Semi-Annual
Monthly
Monthly
Semi-Annuel
Monthly
Monthly
MonthlV
MonthlV
Monthly
Semi-Annual
Monthly
Monthly
Monthly
Monlhl}
Monthly
Monthly
Semi-Annual
Monthl7
Monthly
203
QUARTER EN[)ING DATEi i31l2021
CITY OF SOUTH GATE
INVESTMENT REPORT
DECEMBER 31, 2021
BROltERED, CERTIFICATES OF DEPOSIT:
Bankers Bank of Ihe West 06610TEE1
CellicBgnk 15'll8RSC2
ContinentalBank 2fll63JY7
First Sentice Bank 33640VDA3
MaiganStanley 81690uLF5
Baycoest Bk Swansea Mass 072727A13
Tolleson Pnvaie Bank [)ellas Tex 889538AU8
Bell Bank Corp 07815AAZO
ChambetsBank 157767ABO
FNBoTAlbany 32117WAN2
Ganet Slate Bank 366528AX9
%nzonBank 44042TBX1
Lwe Oak Bankmg Co 53BO36JV7
Prime Alllance Bank 74160NHC7
lowa Slate Bank 46256Y8F5
Ametcan Expi Nat Bank 02589AA51
Eveigieen Bank Group 300185JF3
Amencgn Commerce Bank 02519TAZ9
Central Bank Little Rock AK 152577AZ5
FoduneBank 34969RCT3
8avoy Bank Resource 80534VADD
%me Loan Inv Bank 437191AC9
Providence Bank. Rocky Ml 743738CG9
Bankers Bank Oklehoma City 066100EE7
Pine Island Bank 722616ARO
Encore Bk Ltlle Rock Ark 29260MBF1
Summit ST Bk Santa Rose Ca 866264DP6
MlnneweslBank 80425SJC4
Malaga Bank Palos Vendes Esl C 56102AALO
Flagslai Bank FSB TTOI/ Mich 33847E3W5
ealboa Thiifl & Loan Assoc Chula 05765LBA4
l sl Financial Bank USA 32022RNT0
Northeast Commundy Bank White 6611122AF5
Bank Ktemlln Oklahoma 063046AN6
Bank3Tennessee 066531.AP5
Crown Bank Na Ocean City 22821 2AQ9
Joneslto Stale Bank 4BO40PJT3
Bank Hapoallm B M New Yoik 06251A2Q2
BMO Hans Bk National Assn 0560DX8Q2
JP Morgan Chase Bk NA 481281111ZO
Grand Bank Tulsa Okla 3B522ABR8
Poppy Bank Sanla Rosa CA 73319FAZ2
Caplilal One Bank USA Nal'l Assn 14042TEHB
Capital One Nal'l Assn IVk.Lean 14042RQN4
Toyota Finl Svgs Bk Hand Nv 89235MMhH
TOTAL
23210
57056
57571
18519
32992
90196
57522
1 9581
5615
3(Xi7
8074
14327
58665
5792a
l 5947
27471
3523a
57686
1756
58107
58841
27417
58239
28677
12193
34582
32203
16958
32282
32541
28704
1673
29147
11526
15205
342sg
9325
33886
i s571
828
22065
57903
33954
4297
57542
TOTAL ClTf INVESTMENTS (under ll.S. Bank Sa}ekeeplnqi 913012019
9f30l2019
9{3012019
913012(119
107312019
1{1612020
212612021
21271202[)
21281202t)
212812020
212812020
212812020
212812020
212812020
31512020
3{1712020
31281202(1
312712020
312712020
312712020
312712020
312812020
313112020
313112020
313112020
5{1512020
571512020
stigtzozo
812872020
7mj2020
7{31{2020
871972020
8120V2020
872872020
872812020
91412020
1211 1f202[)
1;Y412020
1211812020
1212912021I1
112912021
211912021
121812021
121812021
l 21912021
973012024
973012024
973012024
91301202A
101312024
172412025
272612025
2/2712025
212812025
2f2812025
212812025
212812025
212812025
212812025
31512025
311712025
af2812025
312712025
3/2712025
312712025
312712025
312812025
313012025
3131{2025
313112025
5115f2025
5115{2025
511912025
612af2025
7122j2025
7131{2025
811912025
812072025
812612025
812af2025
9{412025
S2hll2025
1211512025
1211812025
1212912025
112912026
211912028
121812028
121812028
l 21912028
i ooa
1004
1004
i ooa
1007
1120
l 153
1154
1155
1155
1155
1155
l 155
1155
l 180
1172
1181
1182
l 182
l 182
1182
1183
1185
1186
1186
1231
1231
1235
1273
t299
j 308
1327
j 328
1334
1336
1313
1 44j
1445
1448
1459
1490
1511
1803
1803
1804
249.000 00
249.000 00
249,ODD 00
249,ODD 00
247.000 00
247.000 00
249,000 00
249,000 00
249.000 00
249,000 00
249.000 00
249.000 00
249,000 no
249,000 oo
248,000 00
24B.000 00
249,000 00
249.000 00
249,000 00
249,000 00
249.000 00
z<g,ooo oo
249.000 00
249,000 DO
z<g,aoo oo
249.000 00
248,000 00
zitg,aoo oo
ziig,aoo oo
249j)00 00
249,000 00
249.000 00
249,(}00 txi
249,000 0III
249,000 aa
249,000 aa
249,0[)0 0(I
249.000 00
249.000 00
249.000 00
249.000 oa
249.000 0(I
248.000 00
248.000 oti
248.000 oa
28.846,000.Otl
255.516 33
254.839 05
249.425 79
255.177 69
2Fsl,4B4 34
252.846 49
244.072 29
254.134 38
253,74594
254:134 38
253,74594
253,74594
254,908 77
253,357 50
252,327 6tl
247,615 60
249,358 56
24B.957 87
249,353 58
250.150 38
248,559 27
249.351 09
248,138 46
249.33615
249.336 j5
247 458 20
243.673 89
243, 170 91
243.148 50
243,083 76
243.985 14
242,989 14
242,981 75
242,847 21
241.562 37
241,385 68
247,375 04
247,375 04
247.370 08
28,961,820.83
8,516 33
5,839 05
425 79
6 .177 69
7 484 34
5,846 49
(4 927 71 )
5134 3B
4 ,745 94
5.134 38
4.74594
4.74594
5. 908 77
4,357 50
4,327 60
(384 40)
35B 56
142 33)
353 58
1;150 38
(440 73)
351 09
1861 54}
336 15
336 15
(1 543 80)
(1 125 92)
(5,301 21 )
(6,090 54)
13,739 98)
16,015 84)
15 316 15)
15,326 S l l
(5 829 09)
(5.B51 50)
(5 916 24)
(5 014 86)
(6 0S 0 86)
(6,038 25)
(6152 79)
17 437 83)
17 634 34)
(624 96)
(624 96)
(629 92)
115,820.63
24 56
2319
12 28
23 88
1,187 83
185216
12 28
54 58
42 30
43 88
42 30
42 30
359 52
40 93
l .202 63
648 20
40 93
32 40
341 t
37 52
30 70
204 68
5 80
6 82
6 82
92 78
271 44
31 04
12 28
667 jB
2 39
3 9 91
36 84
18 37
10 92
78 41
85 gs
61 40
47 75
10 23
819
35 47
203 84
203 84
l 95 34
33,643.51
l 75%
l 66%
0 90%
l 71%
1 89%
1 66%
0 31%
1 57%
! 52%
1 57%
l 52%
1 52%
l 66%
1 47%
1 47%
0 90%
i otis
0 95%
1 00%
1 09%
0 90%
l 00%
0 85%
i oos
1 00%
0 80%
0 85')'o
0 36%
0 31 %
0 61%
0 36%
0 48%
0 46%
0 41%
0 lK%
0 41%
0 al%
0 51%
0 51%
0 51%
0 41%
0 IH%
1 25%
S 25%
1 25%
Low
LOW
Low
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
L0W
Low
L0W
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Monthly
)/onlhly
Monthly
MonlhlV
Semi-Annual
Semi-Annual
MonlhlV
Monthly
Monthly
Monthly
MonlhlV
MonlhlV
Monthly
Monthly
Seml-Annual
Seml-Annual
Monthly
Monthly
Monthly
Monthly
Monlhl}
MonlhlV
MonlhlV
MonlhlV
MonlhlV
Monthly
Semi-Annual
Monthly
Monthly
8emi-Annual
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
MonthlV
Semi-Annual
Quadeily
Semi-Annual
MonlhlV
MonlhlV
Monthly
Monthly
Monlhll/
MONEY MARKET{OVERNIGHT SWEEP ACCOuNTSi
Piejeited Bank - Money Market I%.count
U 8 Bank - Flist Amain:an Treasury Obligelion
TOTAL
CERTIFICATES OF DEPOSIT:
Att.l 11COOOO306097 - l"teTerred Bank
Accl jlCOOOO3000002006 - Preferred Bank
TOTAL
1213112021 tlll2022
1213112021 11112022
41812021 41812022
312012020 312012022
3,028 73 3,028 73
t812.83039 1799.54039 113,29000)
1.815,859.12 1802,589.12 113,29000)
700.000 00 700, €00 on
3.000.000 00 3.(100,000 oti
a,yoo,tnno.oo :i,;too,ooo.ao
0 00
0 0f)
0.00 o oo 0 05%
0 00 0 01%
o.ao
0 00 2 85%
000 291%
0110
Monthly
MonthlV
Quanetly
Monthly
204
QUARTER ENDING DATEi 1213112021
CITY OF SOUTH GATE
INVESTMENT REPORT
DECEMBER 31, 2021
LAIF INVESTMENTSi
General Fund Pooled Accounts
Housing Authority
TOTAL
1213112021 11112022
1213112021 11112022
49.790. 49.BB2.9B4 h27 44
288,925 288, (739 90)
o ao ti 33%
0 00 0 33%
0.00 TOT AL INVESTMENTS 117,210,694.93 118,761281 39
TOT AL UNREALIZED G AINI(LOSSI
TOTAL ACCRUE[) INTEREST
1449.413 54)
95.979.42
Note 11) - The actttued interest is the Cites estimate of interest based on Ihe rate and ending balance The actual amounts are different $ .445.')38,758.50
$180,981 ,275.420.71
49.95iSOUTH
Quadeily
Quadeily
205
ATT ACHMENT B
SCHEDULE OF CASH BALANCES
December 3'l, 2021
Fund #
100
21 22
23 24
25 26
27 28
29 220
221
222
223
224
225
231
235
240
241
242
243
245
246
251
252
261
262
263
265
266
267
268
271
311
321
322
411
412
413
511
521
522
523
524
611
711
gor
903
Fund Name
General Fund
Traffic Safety
Gas Tax
TDA Bikeway
Street Sweeping
Road Repair and Accountability Act
CASp Certification and Training
Measure W Stormwater
Used Oil Recycling Program
Beverage Container Recycling Grant
Road Mitigation Program
Prop A Transit
Prop C Transit
SCAQMD
Measure R Transit
Measure M
Law Enforcement Grants
Asset Fofeiture
Housing Authority - Development Projects
Housing Authority
Home Program
CDBG
ARRA
Emergency Housing Voucher (EHV)
Street Lighting & Landscaping
Tweedy P & BIA
Federal & State Grants
UDAG
Public Access Corp.
Permanent Local Housing Grant
SB2 Grant
LEAP Grant
American Rescue Plan Act (ARPA)
Park Enhancement
Capital Improvements
Successor Agency to the CDC
Low/Mod Income Housing
Water
Sewer
Refuse Collection
nsurance
Fleet Management
Information Systems
Capital Asset & Equipment Replacement
Building & Infrastructure Maintenance
Successor Agency - Debt Service & ROPS
Trust and Agency
Inventory Clearing
Payroll Clearing
Total All Funds
Unrestricted
Balance
$ 7,545,233.48 $
Restricted
Balance
417,792.27
988,373.16
8,777,804.91
1 ,423,475.29
4,378,087.92
1 ,067,249.96
(160,376.61)
6,478.59
$ 24,444,"118.97
31,490.62
1 ,283,144.17
515,732.80
4 ,595,263.14
62,829.81
5 63,549.70
18,691 .87
45,550.11
2 ,117,512.66
3 ,972,665.16
6,568,277.76
629,810.47
4,477,662.74
2 ,986,37 4.29
535,415.98
3 ,185,371.27
(90,287.31)
(155,884.93)
375,331 .09
(860,272.97)
(1 ,394,342.28)
32,962.61
(4,802,744.33)
17,180.08
(38,541 .15)
(4,538.10)
17,173,042.80
3 ,128,507.25
41 ,500.47
116,945.77
43,951 ,223.21
2,041,013.14
661 ,365.20
2,299,835.33
(115,381.85)
762,654.58
$ 94,728,911.16
Invested Amount
Uninvested Cash
Total Cash
Total
7,545,233.48
31,490.62
1,283,144.17
515,732.80
4 ,595,263.i4
62,829.81
5 63,549.70
18,691 .87
45,550.11
2.117,512.66
3,972,665.16
6,568,277.76
629,810.47
4,477,eiB2.74
2 ,986,374.29
535,415.98
3 ,185,371.27
(90,287.31 )
(155,884.93)
375,331 .09
(860,272.97)
(1 ,394,342.28)
32,962.61
(4,802,7 44.33)
417 792.27
17,180.08
(38,541.15)
(4,538.10)
17,173,042.80
988,373.16
3 ,128,507.25
41,500.47
116,945.77
43,951 ,::a.;i
2,041,013.14
661 ,365.20
8,777,804.91
2.299,835.33
1 ,423,475.29
4,378,087.92
1 ,067,249.96
(115,381.85)
762 654.58
(160,376.61)
6,478.59
$ "itg,'iz:i,oso.t:i
$117,210,694.93
$1 ,962,335.20
$119,173,030.13
206
WiANM&iR'S UFflCE Item No. 7
JIJI O & 2022
City of South Gate
CITY COUNCIL
AGENDA BULL
For tlie Regular Meeting of: July 12, 2022
Originating Department: Administrative Semices
SUBJECT: INVESTMENTREPORTFORTHEQUARTERENDINGMARCH31,2022 PURPOSE: California Goverrunent Code Sectioi'i53646 reqriires staff to submit a report to tlie City Council and City Manager, at least qriaiterly, wliicli provides detailed information on all investments of tl'ie City.
RECOMMENDED ACTION: Tlie City Council will consider receiving and filing the Quarterly Investment Repoit for the qriarter ended Marcli 31, 2022.
FISCAL IMPACT: Interest earnings totaled $193,828.52 for tlie quarter.
ANALYSIS: None.
BACKGROUND: Attaclied is tlie Investment Report for the qriaiter ending Marcl'i31, 2022, for the City and Housing Authority (Attachment 1- Quarterly Investment Repoit).
In keeping with tlie City's investment policy, all investments are short-to-medium term in duration, witli maturities currently ranging from 1 day to 5 years. All investments are maintained in accordance witl'i California Goven'iment Code Section 53646 and tlie City's investment policy, with respect to the type of investment vehicles in wliich the City's money is invested. As of Marcli 31, 2022, 47.26% of the City's portfolio is invested in agency securities and non-callable certificates of deposit that liave maturities in excess of one year. In dollar amounts, tliat equates to $54,060,341.23 of the City's total poitfolio of $114,394,352.52 invested in securities that mature between 13 months and 5 years from now. The City Treasurer and Director of Administrative Services can certify that the funds are invested to provide sufficient casli flow for a period of six montl'is.
As of March 31, 2022, tlie City's General Fund had a positive cash balance of over $22 million (Attacliment 2 - Scliedule of Cash Balances).
ATTACHMENTS: A. Quarterly Investment Repoit
B, Schedule of Casli Balances
I
207
Attachment A
CITY OF SOUTH GATE
QLIARTERLY INVESTMENT REPORT
MARCH 31 2022
2 208
QUARTER ENDING DATE: 313112022
CITY OF SOUTH G ATE
INVESTMENT REPORT
MARCH 31, 2022
ll.S. GOVT & AGENCY ISSUES:
FAFIMffR MAC
FANNIE MAE
FANNIE MAE
FREDDIE MAC
FRED[)IE MAC
FEDERAL FARM CREDIT BANK
US TREASURY NOTE
FREDDIE MAC
FANNIE MAE
FEDERAL FARM CRa)IT BANK
FREODIE MAC
FREDDIE MAC
FREDDIE MAC
US TREASURY NOTE
118 TREASURY NOTE
FANNIEMAE
FEDEff AL +10ME LOAN BANK
FRa)DIE MAC
FANNIEMAE
FEDERAL FARM CREDIT BANK
FEDER AL HOME LOAN BANK
Fa)ERAL FARM CREDIT BANK
FEDERAL HOME LOAN BANK
FE[)ERAL HOME LOAN BANK
118 TREASURY NOTE
FEDERAL FARM CREDIT BANK
FEDERAL 110ME LOAN BANK
US TRE ASURY NOTE
US TREASIIRY NOTE
FEDER AL HOME LOAN BANK
FEDER AL FARM CREDIT BANK
FEDERAL FARM CREDIT BANK
TOTAL
3132)ftXlA7
3135GO5P4
3136G4K51
3134GAYO
3134GWKu9
3133EMQM7
91282CCC3
31 34GWEAO
3136G4J38
31 33ELEA8
3134GW3W4
3134GXDZ4
3134GWA71
91282&127
912828ZL7
3138G4Ke9
3130AK5E2
3137EAEX3
31 36G44U4
3133EMDZ2
3130AKFJO
3133EMPD8
3j30AL8J8
3130ALFX7
91282CBWO
3133EML67
3130ANFU9
91282CCP4
91282CCW9
3130ANW71
3133ENBK5
3133ENFPO
CORPORATE BONDS - MEDIUM TERM NOTES:
None
TOTAL
u.s. TREA811RY BILLS:
None
TOTAL
BROKERal, CERTIFICATES OF DEPO!ilT.
Wex Bk Midvale Ulah 92937CJY5
Fksl Natlonal Bank of Miah 32114VBY2
21ST Centy Bk Minn 9013BSTW6
First Premier Bk Sioiix Falls 33BjDRTP8
Flalwatsi Bk Gothembuig Neb 33885V11AC4
HamniBank 4'l0493ES5
Southem Slates Bankoan Ttusi 843B79DA2
SteamsCounty 857B94E54
Texas Cap Bank N A Dallas Texas 88224PLX5
GoldmanSachg 38149MFVO
AllyBank 02007GLR2
Walls Faigo Bank 949783J84
SallieMae 7954504B8
Synovus Bank, GA 87184DRB8
Vkgltua Partners Bank 928086BA6
HELLS Fa+9D National 949495AT2
Celilonua Bank Comm Lalayette 13005CAG6
Cunle Slate Bank 23130S[)U4
Nodhpoinle Bank 868613HHO
CITBank 12556LB[)7
34697
58259
9751
6085
10639
24170
58558
10988
34383
33124
57803
3511
58177
873
58824
27389
58583
8833
34953
58978
612972017
811012020
811772020
1111 3i2021Il
811412020
211 812021
312312022
712912020
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12/1712(Y9
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1112712020
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3{2312022
271912021
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211 812021
2J2412C121
311012021
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612212021
713012021
8/1212021
121212021
9{2312021
121212021
121212021
47912020
41912020
411512020
411512D2C1
4h 572020
4h712020
4h 512020
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712412020
9{1112019
971212019
911812Cll9
911812019
31912020
1213012019
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812072020
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3125i2020
912712019
612912022
81312023
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271672024
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712912024
811212024
911712024
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211512025
413012025
811912025
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912312025
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1012112025
1111212025
21212026
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612212028
712912028
71J'll2028
813112026
9123f2026
1012012028
1113012026
8 11
14 15
18 18
18 109
116
165
165
172
172
253
274
305
327
357
361
361
1,000,000 oti
t,nor,975 0ti
1001.796 00
t ,ooo,ooo oo
1001870 00
1,000.000 00
959,082 50
t.oot.ggt no
i.ooz.igi oti
999.'R)0 58
l,OOO.OOrl (10
i,aoi,gss oo
i ,aoz,<ga oo
990,937 50
1002,914 00
l ,000,000 00
994,769 00
i,oao,ooo no
t.ooo.aoo no
i.ooo.ooo 00
998.750 00
1,000,000 00
1,000,D[XI 00
1,980,350 (l)
1002,108 65
997,500 00
l ,000,000 00
992,946 00
986;152 00
i.ooo.ooo ati
ggz.ooo 00
1.005.450 00
32,g21,341.23
zs,aoo oo
249,000 oo
249,000 00
24B,000 00
ziis,oao no
249,000 00
249,000 oo
249,[)DO 00
zo,aoo oo
247.000 00
247,000 00
249,000 [)O
:.iiz.oao oa
247,CK)0 00
249,000 DO
249.000 0[)
249.000 00
zitg,aoo oo
z<g,ooo tio
247.000 00
l ,002,430 00
976.380 00
978,920 DO
972.B10 00
968,540 00
962.370 0a
955,820 oa
960,250 00
955,040 oa
9811,540 aa
94743000
945,710 00
947,300 00
985,940 00
936.370 00
932.800 00
929.21 0 00
928,120 00
932,040 oa
928,540 00
936,570 aa
925,370 00
934,670 00
1,863,220 00
9311HO 00
935.500 00
935.900 0(I
922,730 00
926,840 00
938, t20 00
935,100 no
944.190 oa
3t259,980.00
248,052 08
249,049 80
249,052 29
248,076 88
248,[X)6 %
249,082 17
2119,069 72
249,869 01
248,74802
248,138 2[)
248136 20
250;197 69
248,205 38
248.151 02
250,367 (Y
250,895 tig
248.873 54
248,223 12
247,809 78
248.259 70
2.430 00
125.595 00)
(22.876 00)
127 390 DO)
133 330 00)
137.530 00)
13 242 !!))
141 741 DO)
147 151 00)
(T4.560 58)
(52.570 00)
(58 275 DO)
(55,193 00)
14,997 so)
(66.544 00)
167 200 oor
165 559 00)
171 880 00)
167.960 00)
i71460 00)
162.180 00)
(74,630 00)
185, 330 DO)
(117 130 00)
(70 6% 65)
(62 000 00)
(64.100 00)
170.216 00)
159 312 00)
(61,880 00)
(61. 900 00)
(61.260 001
it,661 ,381.23)
52 08
49 80
52 29
76 88
66 96
8217
69 72
869 01
1253 98)
1138 20
1,136 20
1,t97 69
1,205 36
1.B1 02
l .367 0j
1695 69
12.126 46)
1776 88)
1119022)
1,259 70
4,804 44
483 33
378 89
1150 00
489 58
250 DO
946 13
775 0tl
558 06
681 11
1.742 50
1.575 00
l ,555 56
2,486 19
1 ,576 24
583 33
2 81 25
83 33
2,238 11
2,31111
2,048 39
737 50
842 38
700 00
3. l 52 47
2,200 00
1.463 89
1035 91
662 98
224 44
5,098 33
4.907 22
47.798.65
l .65515
l 72 59
115 97
t369 78
1.1111 48
112 56
115 97
185 58
l 14 27
255 80
243 62
176 69
175 27
249 03
2319
38 88
54 58
58 33
38 2tl
6[) 90
1 88/o
0 3'la/o
0 32%
0 31 %
0 39%
0 21%
0 26%
0 47%
0 43%
1 73%
0 43%
[1 48%
0 53%
2 03%
0 40%
0 54%
0 40%
0 40%
0 54%
0 56%
0 57%
0 49%
0 87%
0 64%
0 80%
0 85%
0 9j%
0 68%
0 81%
1 08%
1 22%
1 55%
Low
Low
Low
Low
Low
LOW
Low
Low
Low
Low
Low
Low
Low
LOW
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Law
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
L0W
Low
8emi-Annual
Semi-Aniiugi
Semi-Annual
Semi-Annual
Semi-Annual
Semi-Annual
Monthl7
Monlhly
Semi-Annual
Semi-Annual
Monlhl}
Monthly
Monthly
Semi-Annual
Semi-Annual
Monthly
Monthly
Monthl}
Monthly
Monthly
Semi-Annual
209
Qu ARTER EN DING D ATEi stsmozz
CITY OF SOUTH G ATE
INVESTMENT REPORT
MARCH 31, 2022
BROKEREO, CERTII-ICATES OF DEPOSIT:
Bank oT New England Nh 06428KBS6
SynclvonyBank 87185HA34
%mebank 74183LAP8
Williametle Valley Bk Salem Or 989294CD7
Midwssl Cmnly Bk Ill 598315CE7
NarlhslarBank 66704MES8
West Mk.higan Community Bank 954444BU8
Brunstttn:kBankTtManalapanNJ 117034AB4
Luana Savlngs Bank 549104JJ'3
Nk.olet National Bank 654062J112
Mettn:kBank 59013KCZ7
CommunitybankTettNABeaumanl 204161BP7
Magnolia Bank InclMag KY 559582ASO
CFBank 15721uDCO
First Bank Hamillon NJ 319137AW5
First Foumation Bank Irvine CA 32026uWG7
Commetical Bank Nelson Neb 20146AAT7
First Source Bank 33646CLV4
Commonwealth Business Bk Los 20275(XiQ3
Fivt National Bank oT Amenca 32110YNV3
Community Fivt Bank 20370AAE7
Centetslale Bank 15201QCN5
Thomaston Svgs Bk Cl 88457PAM9
%circ Entetprige Bk Ca 89423jAG6
First Slate Bank 33648PBM4
Third Fed Svgs Ln Assn oT 884'l3QCN6
NewYorkCommunilyBankWeslbury 649447UP2
First State Bank oT Dequeen 336480DA5
East Boston Savings Bank Boston MA 27113PDMO
Commerce Slate Bank 20070PLR6
American Eagle Bank 02554BDC2
First Bank ol Puerlo Rk.o 33767GAG3
People'aBank 7108B5FD7
Morgan Stanley PVT til760AY80
Enerbank 29278TLK4
McHen+y Slate Bank 58117WAHO
Bank oT Old Monioe 06423BBG6
Abacus Federal Savings 00257TBH8
SpringBank 849430BAO
MedallionBank 58404DFJ5
EnletptiseBank 29367R1A2
LakeaideBank 512jOSQV2
Commsrcial Savings Bank 202291AF7
Benkwest 06852CHBO
Banker's Bank of the West 08810TEE1
Csltk.Bank 15118RSC2
ConlinentalBank 2ffl63JY7
First Setvnie Bank 33B40VDA3
MorganStanley el690ULF5
Baycoast Bk Swansea )Aies 072727AZ3
Tolleson Private Bank II)allas Tex 8B9538AU8
Bell Bank Carp 07815AAZO
ChambetsBank 157767ABO
FNB aTAlbany 32117WAN2
Ganet Stale Bank 368528AX9
HonzonBank 44042TBXi
Live Oak Banking Co 53803fJVia
%me Alliance Bank 74160NHC7
lowa Slate Bank 46256Y8F5
Amencan Expr Nal Bank 025B9AA51
Evergreen Bank Group 3[)D185JF3
Amencan Commerce Bank 02519TAZ9
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30884
34788
15947
47212020
41312020
04109120
04109120
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713112020
911812019
312712020
913012019
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112812021
21512021
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212612021
212812020
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313012020
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812072020
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249,00[) 00
248,000 00
249,000 00
249,000 00
249,000 oo
249,000 oo
249,000 ao
249.000 00
247.000 00
249.000 00
249,000 00
249,000 0f)
249,000 00
249,000 00
249.000 00
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248,000 00
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249.000 00
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247.000 0(I
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249.000 00
249.000 00
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249,000 00
249,000 00
249.000 00
248,000 00
248,ODD Oa
zitg,aoo 00
249.000 00
247.882 07
248,354 64
248.581 76
248,434 77
248,881 36
248,275 41
248,275 41
244,(i47 48
246,688 78
246,228 M
248,773 41
246.816 27
242.018 04
247,926 81
241007 SO
240.87513
241 .058 90
245.634 08
240.165 48
248,846 95
242,857 17
242,286 DB
242.769 68
244.388 52
244,054 86
241.567 35
239,259 12
238,320 39
237,959 34
237.511 14
237,665 52
246.589 68
244.186 83
244.552 23
246.226 14
243,85317
245.282 43
245.282 43
244.971 18
24B.12B 54
243.813 70
245.785 41
243.517 30
245.1 82 83
245.753 04
245.147 97
240.317 37
245.451 75
244,660 91
241832 76
233,591 88
242.640 54
242,277 tio
242.625 60
242.277 00
242.277 00
243,325 29
241,928 40
240.877 44
238,470 48
237.944 40
237,588 41
(T 137 93)
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1438 24)
1565 23)
1338 64)
(724 59)
1724 59)
14 352 52)
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12 773 86)
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12183 73)
16.981 96)
11 073 19)
17.992 90)
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17,943 TO)
12,365 92)
18 834 52)
(2 353 05)
18,142 83)
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15.230 32)
14.6j i 48)
(4 945 14)
(7 432 65)
(9 740 88)
110 67961)
(11040 66i
11148886i
(11 334 48)
12.410 321
14 813 17)
12 447 77)
12 773 86)
(5,146 83)
(3,717 57)
i3 7'l7 57)
14 028 82)
12 873 46)
13 186 30}
13 214 59)
13.482 70)
13 817 17)
13,246 96)
(3.852 03)
(8 682 63)
(3 548 25)
12 339 09)
15 167 24)
115 408 12)
i6 359 46)
16.723 00)
16,374 40)
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15 674 7'l )
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17 m 56)
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11105560)
111431591
t73 96
1.773 37
180 44
172 59
139 17
121 77
121 77
3 41
151 58
32 40
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65 49
l 5 35
243 511
6 82
75 04
90 39
214 03
6 14
42 30
28 99
12 91
1284 16
188 28
l 25 52
670 25
28413
28 65
114 81
26 61
19 10
337 00
225 12
257 15
239 79
l 87 94
l 62 36
162 36
146 33
113 58
60 90
61 40
59 21
57 99
24 56
2319
12 28
23 88
2 ,375 28
770 78
12 28
54 58
42 30
43 66
42 30
42 30
359 52
40 93
275 18
91 73
40 93
32 40
j 53%
j 92%
j 87%
1 48%
1 73%
1 73%
1 88%
1 87%
l 82%
S 82%
1 77%
S 66%
1 82%
1 73%
0 93%
1 77%
1 97%
174%
0 32%
l e4Vo
l 59%
1 84%
S 59%
l 59%
! 74%
1 54%
1 54%
0 94%
l 05%
1 00%
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Liiw
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
MonthlV
MonlhlY
Monthly
Monthly
Monthly
Monthly
Monthly
Semi-Annual
MonlhlV
Monthly
Monthly
Monthly
Monthll/
MonthlY
Monlhl9
Monthly
Monthly
!iemi-Annual
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
MonthlV
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
MonthlV
MonthlY
Monthly
Monthly
Monthly
Monthly
Semi-Annual
Monthly
Monlhl'7
210
QUARTER ENDING DATEi 3131 12022
CITY OF SOUTH GATE
INVESTMENT REPORT
MARCH 31, 2022
BROKERED, CERTIFICATES OF DEPOSIT:
Central Bank Lmle Rtn:k AK 152577AZ5
FiinuneBank 34969RCT3
Savoy Bank Resource 80534VA[)D
Home Loan Inv Bank 43719LAC9
Providence Bank, )%cky Mt 74373BCG9
Banker's Bank Oklahoma Cily 068100EE7
Pine Island Bank 722818ARO
Encore Bk Little Rock Ark 29260MBF1
Summit 8T Bk Sanla iiosa Ca 866264DP6
MinnewegtBank 60425SJC4
Malega Bank Paliis Vendes Est C 56102AALO
Flagsla+ Bank F8B Troy Mich 33847E3W5
Balboa Tlvifl & Loan A8SOO Chula 05765LBA4
lsl Financial Bank USA 3202RNT0
NorlheaslCommunilyBankWhile 6611122AF5
Bank Kremlin Oklahama 063046AN6
Bank3Tennessee 068531AP5
Crown Bank Na Ocean City 228212AQ9
Jonesborii Slate Bank 48040PJT3
Bank Hapoallm B M NewYoik 06251A2Q2
BMO Hens Bk National Asen 0580DXBQ2
JP Morgan Chase Bk NA 4al281lUZ0
Grand Bank Tulga Okla 38522ABR6
%ppy Bank Sanla Rose CA 73319FAZ2
CaplilalOneBankllSANal'lAssn 14042TEH6
Capital One Nal'l Assn Mt.Lean l 4042RQN4
Toyola Finl 8vgs Bk Hand Nv 89235MMHH
58107
58641
28677
12193
32203
jB958
32282
26704
1673
29147
11526
15205
34259
9325
33888
16571
628
22065
57903
33954
4297
57542
TOTAL
TOTAL CITY I)jVESTMENTS lundei u.s. Bank SaTekeeplnqi 3127f2020
3127{2020
312772020
312af2020
313U2020
313112020
313172020
511512020
511512020
stigi:iozo
8126J2020
7122j2020
713112020
811972020
812012020
812612020
812812020
91412020
1211 112020
S2h412020
1211 872020
12129j20Xl
112972021
211972021
121af2021
12faf2021
12f9f2021
312712025
312712025
312712025
312812025
313012025
313112025
313112025
511 512025
511512025
5{1!)f2025
812812025
712212025
713112025
81t912025
812012025
812612025
812812025
91412025
1211 112025
1271572025
lT812025
1212912025
112912026
211912026
121812026
121812026
121912026
1092
1092
1092
1093
1095
1 098
1096
1141
1141
l 145
1183
1209
121 8
1237
1238
1244
1246
l 253
1351
l 355
1358
1369
1400
1421
1713
1713
1714
zitg,aoo oo
249.000 00
249,[)DO 00
249.000 00
249,000 ao
249.000 00
249,000 00
249.000 00
248.000 00
2493]00 00
249,000 00
249,000 0III
z<g.ooo oo
249,000 0a
249.000 oo
249.000 00
249.000 00
249,000 oa
249,000 oa
249,000 0(I
249,000 00
249,CK)[1 00
249,at)[1 oi)
249,000 00
24B.000 00
248.000 00
248.000 00
27.106.000.0(1
237,928 97
238.644 09
237.209 85
237,909 54
236,7B6 55
237.864 72
237,884 72
235.88019
235.366 88
232.458 93
231512 73
233.5114 57
231385 74
231,903 68
231888 72
231398 19
231 ,368 31
231.27s67
231 .594 90
230.735 85
230,8111 23
230,541 63
229, l 19 84
228,821 04
232.936 48
232.936 48
232.926 56
26.374,451.55
io. g
12.213 45)
117 27i
(15. 43}
69)
33)
10)
18. 26415)
77)
37)
19. 880 16)
120. 96)
521
15, 521
115 441
(731 .548 45)
341 l
37 52
30 70
204 66
1 l 60
13 84
13 84
92 78
791 22
31 04
12 28
282 43
4 78
39 91
36 84
16 37
l 0 92
78 41
85 98
368 38
47 75
317 22
819
35 47
968 22
968 22
959 73
24,672.28
1 05%
S l 5%
0 94%
1 [15%
0 89%
1 05%
1 05%
0 84%
0 90%
0 38%
0 32%
0 64%
Low
Law
LOW
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
LOW
LOW
Low
Low
LOW
Low
Low
Low
Low
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Semi-Annual
MonlFl}
Monthly
8emi-Annual
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Semi-Annual
Quarterly
8emi-Annual
Monthly
Monthly
Monthly
Monthly
Monthly
-tefetiedBank-Mo;ayMarketAcaount 3131f202z 41tifl li 31567:i::Bg8iii0 315031,0123892101 (5B75o:OoO, 000 005% LOW Monthly18Bank-FkstAmeik.anTreasuryObllgation 3131t202 47112022 000 001% Low Monthly TOTAL 3J80,917.31 3,1%)4,167.31 156,750 00) 0.00
IEFITIFICATES OF DEPOSIT:
.cct#COOOO308097-lreTerredBank 41812021 41812022 8 700,0000[) 700,00[).00 000 000 285% LOW Quat!etly TOTAL 700,000.00 700,000.00 0.00 0.O[I
m,.,.,= .,.,=,,, .==.,,atattzozz pw:J!Tl : "3:;'oo:;:oa ""'H::';:':zo "'aio'i',:"s':oxos: ::oo o:aa:: :oo"w :'uaa::X! TnTAl 4nlnflnqlQR 4vva?ga71? Ifffllffi1ii?ti1 nnn
;OT AL 1NVE8TM1:NT8 114,394,352.52 ffl,381176 58
TOT AL UNREALIZED G AINjlLOSSl
TOT AL ACCRu!iD INT!:RE8T
Note (1)- The atttued interest is the Cites eslimale of interest based on the rate and ending balance The actual amounts are different ALuE - LAIF
SOUTHALU E - CITY
3131122 $207,925,642.84a.gs
$205,587.215.
98.87635%
49.542.577
'72.470.93
211
ATT ACHMENT B
SCHEDULE OF CASH BALANCES
March 31, 2022
Fund #
100
21 22
23 24
25 26
27 28
29 220
221
222
223
224
225
231
235
240
241
242
243
245
246
251
252
261
262
263
265
266
267
268
271
311
321
322
411
412
413
511
521
522
523
524
611
711
goi
903
Fund Name
General Fund
Traffic Safety
Gas Tax
TDA Bikeway
Street Sweeping
Road Repair and Accountability Act
CASp Certification and Training
Measure W Stormwater
Used Oil Recycling Program
Beverage Container Recycling Grant
Road Mitigation Program
Prop A Transit
Prop C Transit
SCAQMD
Measure R Transit
Measure M
Law Enforcement Grants
Asset Fofeiture
Housing Authority - Development Projects
Housing Authority
Home Program
CDBG
ARRA
Emergency Housing Voucher (EHV)
Street Lighting & Landscaping
Tweedy P & BIA
Federal & State Grants
UDAG
Public Access Corp.
Permanent Local Housing Grant
SB2 Grant
LEAP Grant
American Rescue Plan Act (ARPA)
Park Enhancement
Capital Improvements
Successor Agency to the CDC
Low/Mod Income Housing
Water
Sewer
Refuse Collection
Insurance
Fleet Management
Information Systems
Capital Asset & Equipment Replacement
Building & Infrastructure Maintenance
Successor Agency - Debt Service & ROPS
Trust and Agency
Inventory Clearing
Payroll Clearing
Total All Funds
Unrestricted
Balance
$ 22,365,394.77 $
Restricted
Balance
417,792.27
1 ,061 ,993.52
7,964,586.14
1,136,650.02
4,378,087.92
1 ,055,089.09
(153,087.48)
(9.36)
$ 38,226,496.89
31,151.29
1 ,512,036.69
594,970.99
5,053,658.99
70,394.85
1 ,357,396.11
31,018.37
45,142.11
2 ,133,712.66
4,384,175.74
7,076,214.73
658,104.47
4,426,468.25
3,338,069.40
346,849.66
2,954,765.49
(100,342.64)
182,644.12
418,611.28
(1 ,630,378.50)
(1 ,491 ,921 .15)
28,167.16
(3,346,888.50)
25,632.55
(107,881.25)
(17,080.75)
7,847,990.36
530,816.00
47,120.37
i ;i ,229.01
45,342,539.76
2,184,i 46.55
828,045.87
2,012,491.11
(198,463.48)
757,254.78
$ 87,447,862.45
Invested Amount
Uninvested Cash
Total Cash
Total
22,365,394.77
31 151.29
1 ,512,036.69
594,970.99
5,053,658.99
70,394.85
i ,357,396.il
31,018.37
45 142.11
2,133,712.66
4,384,175.74
7,076,214.73
658,104.47
4,426,468.25
3,338,069.40
346,849.66
2,954,765.49
(100,342.64)
182,644.12
418,611 .28
(1 ,630,378.50)
(1 ,491 ,g;i .15)
28,167.16
(3,346,888.50)
417,792.27
25,632.55
(107,881 .25)
(17,080.75)
7,847,990.36
1 ,061 ,993.52
530,816.00
47,120.37
i:i,;;g.oi
45,342,539.76
2.184,146.55
828,045.87
7,964,586.14
2,012,491.11
1,136,650.02
4,378,087.92
1 ,oEi!5,oag.og
(198,463.48)
757,254.7B
(153,087.48)
(9.36)
$ 125,674,359.34
$114,394,352.52
$11 ,280,006.82
$"l25,67 4,359.34
212
€lTfifflANAGER'SOFflCE Item No. 8
JUL 85 2022
lD:'),?,- A-m
CITY COUNCIL
ACENJDA JEI[LI,
FortheRegularMeetingof: Julyl2,2022
Originating Department: Office of the City Clerk
odit Glaze
Interim Ciffl Manager:
J ers
SUBJECT: APP VAL OF CITY COUNCIL MEETING MINUTES
PURPOSE: To historically preserve the events of the City Council Meetings.
RECOMMENDED ACTION: The City Council will consider:
A. Approving the Special Meeting minutes of May 17, 2022 B. Approving the Special and Regular Meeting minutes of May 24, 2022 C. Approving the Special Meeting minutes of June 14, 2022 FISCAL IMPACT: None.
ANALYSIS: The minutes are provided to the City Council on the Wednesday prior to their regular business meeting. Amendments should be provided to the City Clerk's Office within 24 hours of a City Council Meeting so that verification of the record and corrections are made accordingly. A revised document will be provided to the City Council prior to the Meeting.
BACKGROUND: The minutes typically describe the events of the meeting and may include a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues.
ATTACHMENTS: City Council Minutes
1 213
CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
CONTINUED FROM
MAY 9 to MAY 17, 2022
MINUTES
TUESDAY, MAY 17, 2022
CALL TO ORDER Maria del Pilar Avalos, Vice Mayor called a Special Continued City Council Meeting at 5:30 p.m.
ROLL CALL Sonia Guerrero, Recording Secretary
PRESENT Vice Mayor Maria del Pilar Avalos, Council Member Maria Davila, Council Member Denise Diaz, and Interim City Manager Chris Jeffers, City Attorney Raul F. Salinas
ABSF,NT Mayor Al Rios, Council Member Gil Hurtado and City Treasurer Gregory Martinez
l
INTERVIEW OF CANDIDATES FOR
APPOINTMENT TO FILL THE
VACANCY OF SOUTH GATE
CITY CLERK POSITION The City Council will consider:
a. Interviewing applicants for the vacant elected City Clerk positiot; and (Presented and Completed on 05/09/22).
b. Considering possible appointment of a qualified applicant or provide additional direction to staff.
At its Special Meeting on May 9, 2022, the City Council considered Item IA of the agenda. The City Council then recessed the meeting to May 17, 2022, which was continued to May 25, 2022. Item IB of the agenda set for the May 9, 2022, and May 17, 2022, meeting was not addressed and is scheduled to be considered by the City Council when it reconvenes on May 25, 2022, by motion of Council Member Davila and seconded by Council Member Diaz.
ROLL CALL: Council Member Davila, yes; Council Member Diaz, yes; Vice Mayor Avalos, yes; Council Member Hurtado, absent; Mayor Rios, absent
214
SPECIAL CITY COUNCIL MEETING CONTINUED FROM MAY 9 MINUTES OF MAY 17, 2022
ADJO[mNMF.NT Council Member Davila adjourned the meeting at 5:35 p.m. and seconded by Council Member Diaz.
ROLL CALL: Council Member Davila, yes; Council Member Diaz, yes; Vice Mayor Avalos, yes; Council Member Hurtado, absent; Mayor Rios, absent
PASSED and APPROVED this 12'h day of July 2022.
ATTEST:
Al Rios, Mayor Yodit Glaze, City Clerk
215
CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
MINUTES
TUESDAY, MAY 24, 2022
CALL TO ORDER Al Rios, Mayor called a Special City Council meeting to order at 5:36 p.m.
ROLL CALL Sonia Guerrero, Recording Secretary
PRESENT Mayor Al Rios, Vice Mayor Maria del Pilar Avalos, Council Member Maria Davila, Council Member Denise Diaz, and Council Member Gil Hurtado; Interim City Manager Chris Jeffers, City Attorney Raul F.
Salinas
ABSENT Gregory Martinez, City Treasurer
CLOSED SESSION: The Council Members recessed into Closed Session at 5:38 p.m. and reconvened at 6:30 p.m. with all Members of Council present. City Attorney Salinas reported the following:
1. CONFERENCEWITHLEGALCOUNSEL-PENDING
LITIGATION
Pursuant to Government Code Section 54956.9(a), 54954.9(b)(3)(C) a. Oscar Jesus Lopez v. City of South Gate
b. Maria Garcia v. City of South Gate
Item 1(a) is a claim and Item I(b) is also a claim involving an accidental on a city street near the intersection of California and Tenaya. The City Council received a presentation by the City Attorney along with the City Manager and upon completion of that report, there was a motion made by Council Member Davila and seconded by Council Member Hurtado and on a vote of 5-0, moved to deny both claims.
ADJOt+RNMENT Council Member Davila adjourned the meeting at 6:34 p.m. and seconded Council Member Hurtado.
PASSED and APPROVED this 12'h of July 2022.
ATTEST:
Al Rios, Mayor Yodit Glaze, City Clerk
216
CITY OF SOUTH GATE
REGULAR CITY COUNCIL MEETING
MINUTES
TUESDAY, MAY 24, 2022
CALL TO ORDER Al Rios, Mayor called a Regular City Council Meeting to order at 6:34 p.m.
INVOCATION Pastor Marta Moscoso, Faith and Hope Lutheran Church
PLEDGE OF
ALLEGIANCE Martha Kendall, Administrative Assistant
ROLL CALL Sonia Guerrero, Recording Secretary
PRESENT Mayor Al Rios, Vice Mayor Maria del Pilar Avalos, Council Member Maria Davila, Council Member Denise Diaz, and Council Member Gil Hurtado; City Treasurer Gregory Martinez, Interim City Manager Chris Jeffers, City Attorney Counsel Raul F. Salinas
I
CERTIFICATES The City Council presented Certificates of Appreciation to the South Gate High School Junior Varsity Softball Team for their undefeated 2021-22 season.
2 CERTIFICATES The City Council presented Certificates of Appreciation to the South Gate High School Cheerleading Squad for taking 2nd Place in the 2022 CIF Los Angeles City Section Division II Competitive Cheer Championship. 3 CERTIFICATES The City Council presented a Certificate of Appreciation for Ricardo Talavera for being the first STEAM Legacy High School student to be recruited to a Division I University for Soccer.
4 PROCLAMATIONS The City Council presented a Proclamation declaring May 30, 2022, as Memorial Day.
5 PROCLAMATIONS The City Council presented a Prodamation declaring June 2022 as National Post-Traumatic Stress Disorder Awareness Month. 6 PROCLAMATIONS The City Council presented a Proclamation declaring June 2022 as LGBTQ+ Pride Month.
PERSONNEL RECRUITMENT
& SF.LECTION The City Council considered the list of new and promotional full-time employees hired or promoted during March and April 2022. 217
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022 8 STREETS/SmEWALKS/
LANDSCAPING The City Council conducted a Public Hearing and unanimously adopting Resolution No. 2022-04-CC entitled Resolution of the City Council of the City of South Gate, California, ordering the levy of the Fiscal Year 2022/23 Annual Assessment for the Street Lighting and Landscaping Maintenance District No. 1, by motion of Vice Mayor Avalos and seconded by Council Member Davila.
Roll Call: Mayor Rios, yes; Vice Mayor Avalos, yes; Council Member Davila, yes; Council Member Diaz, yes; Council Member Hurtado, yes
COMMENT FROM
THE AUDIF,NCE Mr. Dominguez would like some background about the two cases and why they are suing the city.
Virginia Johnson stated that there is a trio of bills (AB1733, ABl944, AB2449) in Sacramento that would undermine the future of public meetings, changes that resulted from the pandemic. Ms. Johnson is thankful Assembly Member Rendon understand and has been successful in detaining the officials that are advocating for remote legislative instead of in person.
Ms. Johnson was impressed with the City of Downey's website and council meetings. She suggested the City of South Gate's staff inquire with the City of Downey's program.
Ms. Johnson stated that there was a Citizens Advisory Committee meeting and thanked Chairwoman Esquivel for calling to postpone meeting due to lack of quorum. Ms. Johnson also called for postponement but was informed by consultant and staff that this was just a presentation to pull the committee and publics ideas and that this was not going to be a vote.
Ms. Johnson stated the city needs more code enforcement officers.
Jason Troxel, President of Municipal Employee Association is here on behalf of his fellow members, the hard-working city employees of South Gate. Mr. Troxel stated the union had agreed to differ negotiations due to the pandemic. City employees have not seen any increases or compensation from the city since last contract. They have put together what is a reasonable offer, this offer which the city officials will be discussing with our union tomorrow.
Mr. Troxel has a packet for Council Members, it gets into the accounting that has come up with city reports and the outstanding projection for the city. It also has a detailed PowerPoint that explains the economic situation in detail.
218
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022
COMMENT FROM
THE AUDIENCE conar'o Andrea Paulino stated six days ago she called the city reporting a huge pile of garbage and the trash is still sitting on Garfield Avenue. It has also been ravaged by the homeless and is spread out.
Also hearing from the previous comment, many of the city's employees are residents if this is true wouldn't they want to keep the city cleaner? Secondly, Ms. Paulino asked for a pothole to be fixed on Dakota and Gardendale, it has been fixed. Asphalt was dumped on the pothole and not leveled out or smoothed out. Thirdly she has asked multiple times for a timer to be put up on the chambers, so people have some ideas on how to pace themselves. The residents received two separate flyers about how power will be turned off, the service box will be electrified, and we will have lights. Why are people allowed to park in the allies, on the lawns and across the sidewalks, where is parking enforcement? The signal near the target driveway has been propped up by bags of rocks for years. Also, would like to commend code enforcement and community development for wanting to clean up city.
Urbina Herrera has been a resident of South Gate for more than 30 years.
Resident Urbina and Barbara were a part of the neighborhood watch, but the city stopped paying attention to them. They have serious concerns about the neighborhood and invited Barbara to speak.
Barbara is here to complain about the homeless situation on Garfield and is embarrassed to have people visit her home because people see the mess in her area. She is asking for help cleaning the city and to give the homeless a place to go.
Barbra Noella, South Gate resident and lives in the same area as Barbara.
Expresses her sympathy for the people that are homeless and understands that when it comes to the homelessness issue there are things that must be done to fix the problem. On the riverbed on Southern on both sides the homeless are beginning to build up. One of the suggested solutions is to move them, she recognizes that this is not the answer, but asks that policemen move them.
Aria Rodriguez is a former employee of the City of South Gate. Ms.
Rodriguez suggests that the city pay the people better wages and higher more staff so that residents can get better service from city staff.
Mr. Dominguez would like to pick up were he left off on the last meeting regarding the Tweedy Mile Association. Mr. Dominguez is asking where the Tweedy Mile's finance reports are. He would like to know if there is any way to disband the Tweedy Mile Association because they are not a good organization. Mr. Dominguez is confident that the City of South Gate can make the street fair without the help of the Tweedy Mile Association.
219
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022
COMMENT FROM
THE AUDIENCE cosarn Greg Martinez, City Treasurer explains that there was some name calling and no one on the city council spoke up and said that name calling is wrong. They need to speak up and explain that people can express themselves, but the name calling is wrong.
Thomas Buckley spoke last council meeting about the exodus of city staff members and today they now have a gathered to express their unhappiness with their pay. These are the people that get their hands dirty to clean the city, without them we are nothing. The council members spent a quarter of a million dollars on measure CC, why don't the council members give this money to city employees instead. Asks the city council to grant proper curtesy and opportunities to the city employees.
Elizabeth C explains that her mother is having a hard time getting rid of a big tree by her house. The tree that is taking up the sidewalk, she kept calling and the city is not paying attention to the residents. She like the council to take resident complaints seriously because they are trying to help by making this city beautiful.
Adolfo Varas has an announcement about a project that he has been working on. Planning on having the first pride festival, it will be held on June 24 from Ilam -6pm. He is getting neighboring cities to help set up inforinational booths, he hopes to bridge the gap with the community and LGBTQIA+ members. There is a little more openness in community but there are still people that get bullied, thinks this is a great opportunity to get information on mental health and medical resources. Also, thanks Mayor for declaring pride month. Anyone who wants to get involved can contact him or be apart of it. Also invited council members to attend.
REPORTS AND COMMENTS
FROM CITY OFFICIALS City Manager Chris Jeffers responds to Virginia Johnson comments, he explains that the city website is still trying to be put together. Mr. Jeffers stated that he is prohibited by law to comment on labor negotiation. The proposal from the MEA was received, and it is currently being evaluated and as Mr. Troxel said tomorrow there is a meeting both MEA and PMMA. Ms. Andrea Paulina regarding the traffic signal. Those poles have been ordered but there is some wait time due to the supply chain but once they are in it will be fixed. The pothole will be fixed tomorrow. Regarding lights on the media, they are held hostage to Edison, the process takes some time to get from Edison. The lights on Garfield should be up tomorrow and the one on Imperial Highway should be up by the end of the month. There is only so much parking enforcement can do because they don't have a lot of persoru'iel and the police department sent out a flyer to ask residents for their corporation when it comes to parking. They do have a more aggressive process when it comes to solid waste it is going to help a lot, it won't be the solution, but it will help. Several ladies talked about
220
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022
REPORTS AND COMMENTS
FROM CITY OFFICIALS
CONTtD homelessness on Garfield, hopes that they could reach out to the chief.
There was a council meeting to talk about the homeless problem within the county, the council just approved a bill with the salvation army program for additional beds. Their hands are tied to some degree of what they can do with homelessness through federal court rulings. Mr.
Dominguez all that the city manager can say is that the Tweedy Mile Association is a private organization. The city has no control over their activities, association, or business partners. Public Works will be out tomorrow to check on the tree on Elizabeth Avenue.
Meredith Alguira, Director of Community Development has nothing to report.
City Manager Jeffers stated a Memorial Service at South Gate Park on Saturday at 10am, everyone is invited and encouraged to attend.
Mayor Rios reminded everyone that AltaMed will have the mobile health screenings at the park.
Art Cervantes, Director of Public works has nothing to report.
Kristopher Ryan, Director of Administrative Services has nothing to report.
Darren Arakawa, Chief of Police announced that the street fair is happening a week from today, police department will have a booth out there with the neighborhood watch. They will also be launching their pink badge, also have some merchandise to sell and raise money.
City Manager Jeffers also stated that there will be a city booth with public enforcement codes, water, and other city services and functions to help education public on what services they do offer and answer questions that they may have.
Raul F. Salinas, City attorney has nothing to report.
Greg Martinez, City Treasurer says that the American Legion will be cooking hot dogs, hamburgers for veterans and anyone who shows up.
Would like to see a good participation to show up for veterans.
Announced street fair that is going to happen soon, and that people should attend and support.
City Clerk has nothing to report.
Mayor Rios would like to add that there is a special meeting tomorrow for the city clerk.
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221
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022
REPORTS AND COMMENTS
FROM CITY OFFICIALS
CONT'D Councilwoman Diaz explained that Steve Costley drove to Azusa to the Rivers and Mountains Conservancy meeting. Councilwoman Diaz does sit in on that meeting and many have asked when Circle Park will be updated and now, they have finally gotten the last funding that was approved last Wednesday. This Thursday, Janice Hahn has made a motion to expand the 710 freeway that will displace several residents. We are asking residents and community members to call in to the metro board meeting. It will be held May 26 at 10am, to get public comments in the meeting the number is 18882512949 and access code is 8231160#. Asking that instead of spending money to expand the freeway that they use it for greenery and other ways to help improve the cornrnunity.
Councilwoman Davila stated this coming June the members of Padres Unidos will be recognized at Legacy International. One of their multipurpose rooms will be renamed the Padres Unidos multipurpose room, it is a great recognition for this group that has been fighting for so many years trying to build new schools. Mentioned the shooting in Uvalde Texas, would like to adjourn in memory of the children.
Council Member Hurtado attended the installation of the Executive Woman's Board Club. Congratulations to the new board of the Woman's Club. Tonight, he would like to recognize a couple of programs for South Gate High School and asked staff to prepare for the Legacy School on 14th of next month. Their varsity team was very successful and went undefeated, they made it to the final and lost but it is still a great accomplishinent. There were a lot of comments today about graffiti, trees and lifted sidewalks. We need to do a better job of knowing how to manage these things, but he too has raised these issues and resident who email or text him he copies them and then sends them to the staff. There was an event last Thursday, and one of the veterans called and asked if he could surprise the daughter who plays on the South Gate Junior Athletic Association. There is an issue that has been raised with the CAC meetings that he hopes can be addressed, if there is no forum, they can't do presentations. Also, some of the people commenting on homelessness and paying the highest taxes in the county, we are not the ones paying higher taxes because there are three areas of taxing people, one is sales taxes, property 'tax, and utility user's tax. South Gate is the only city that does not have that, we are either 23 or 24 when it comes to taxes. We must communicate to the public where we get our revenue from. Things like streetlights are not paid by taxes the money is received from other forms.
Also, Councilmember Hurtado agrees with the comments about the Tweedy Mile Association but there is nothing that the city council can do in this situation because they are a partner association. No different from the South Gate JAA, if they are going to protect one nonprofit organization then they should protect all organizations.
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222
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022
RF,PORTS AND COMMENTS
FROM CITY OFFICIALS
CONT'D Council member Davila would like to make a request to give a proclamation for the LGBTQ coinmunity to Adolfo Varas so that he can present at the celebrate pride festival.
Vice Mayor Avalos thanked Council Member Davila because she was also going to make tlie same request to the council. Last week was able to attend the Green Guild Center for nurse appreciation week, representing the mayor who was unable to attend. We recognized our frontline worker who work at that facility for many years by providing care that our seniors really need during hard times of recoveiy. Yesterday also attended Legacy High School Mental Health Fair, it was very interesting to see that the students were engaged and looking to see what is out there in the coinrnunity to help them face the challenges that they face. Also hears the concerns of South Gate employees but as the city manager indicated we must refrain from communication and misinfornnation because it is negotiation time but once it is brought to council, they will try to make the best decision for city employees and residents. Vice Mayor Avalos echoes what Council Member Hurtado said that the numbers look good on paper but when you get down and look at the numbers it is not in the best position that they should be. Understands that our governi'nent did give one-time funds, but they must be very mindful as to how they spend those funds and taxpayer dollars. Mr. Buckley brought up the question of Measure CC and how this council agreed to pay 250 thousand dollars to put one question on the ballot. Just to be clear she did not participate in the vote, she did put it on the record that she did not subscribe to that because it could have been spent on employees, fixing potholes or streets lights.
Vice Mayor Avalos made it clear that she has no aspirations to be the next city clerk. Vice Mayor Avalos reflects on the shooting in Uvalde and hopes that the chief and her can sit down to see what emergency plans they have to keep the students and communities safe.
Council Member Davila believes that LAUSD should investigate this to have school officers at school and make sure they have enough officers and hold people accountable. Our children's safety is number one priority and LAUSD should be held accountable, and Vice Mayor Avalos agrees with the councilwoman.
City Manager explains that there will be an item regarding this on the next agenda.
Mayor Rios explains that he ran into covid a few days ago which is why he is not at the chamber. Asks everyone to be safe from covid with all the events happening like the street fair.
223
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022 CONSENT CALENDAR Agenda Items 9, 10, 11, and 13 were approved by motion of Council Member Davila and seconded by Vice Mayor Avalos. Council Member Hurtado recused from voting on 9, 11, & 13. Item 12 was pulled.
ROLL CALL: Council Member Davila, yes; Council Member Diaz, yes; Council Member Hurtado, yes (Recused on 9, 11 & 13); Vice Mayor Avalos, yes; Mayor Rios, yes
WATER The City Council approved A & B duig Consent Calendar.
Amendment No. 2 to Contract No. 2020-52-CC with MNS Engineers, Inc. to extend the contract term for six months to December 31, 2022, to provide additional construction management services through project closeout on the Water Facility Chlorination System Upgrades, City Project No. 586- WTR, and within the existing contract budget; and
Authorized the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
PUBLIC ASSISTANCE The City Council unanimously approved A, B, C & D during Consent Calendar.
Agreement (Contract No. 2022-32-CC) with the Conservation Corp of Long Beach for various Workforce Development projects and General Services within the City; and
Appropriated $750,515 in grant funds from Californians for All Youth Workforce Program grant and directing the Administrative Services Department to establish appropriate accounts for the funding of the Urban Orchard Park bulky items and Park strike team programs; and
Authorized the Mayor to sign the agreement in a form acceptable to the City Attorney; and
Delegated authority to the Director of Parks & Recreation, or his designee, to sign and submit any additional documents including, but not limited to, applications, agreements, amendments, and payment requests which may be necessary for the completion of the Agreement.
224
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022 DEVELOPMENT ADMIN The City Council approved A, B & C during Consent Calendar.
Professional Service Agreement (Contract No. 2022-33-CC) with Office o'f: Office and Restore Neighborhood LA to prepare ADU Plans, ADU Customized Construction Plans, an ADU Design Manual, and Community Education and Marketing Program services in an amount not to exceed $249,700;
Appropriate $249,700 of LEAP Grant funds in account number 267-612-41-6101 (Professional Services); and
c. Authorized the Mayor to execute the Professional Service Agreement in a form acceptable to the City Attorney. 12 COMMERCIAL ASSESSMENT
DISTRICTS The City Council considered:
Approving an Agreement with Dekra-Lite on a sole-source basis to replace the decorative street tree lights on 128 trees on Tweedy Boulevard from State Street to Hunt Avenue, in the amount of $173,925, and to provide maintenance from FY 2022/23 to FY 2025/26 in the amount of $60,581, for a total contract amount of $234,506;
Appropriating $200,000 in General Funds to Account No. 100- 710-12-9400 to fund the $173,925 in replacement costs and a construction contingency of $26,075; and
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
This item was pulled from the agenda and not discussed. 13 SURPLUS PERSONAL
PROPERTY MGMT The City Council approved A & B during Consent Calendar.
Declared the items on the attached lists as surplus property; and Authorized U.S. Auction Services to sell these surplus items at auction.
225
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022 14 SCHOOLS/'EDUCATION The City Council unanimously approved A, B & C by motion of Vice Mayor Avalos and seconded by Council Member Davila. a. Agreement (Contract No. 2022-34-CC) with the Southeast Coxnmunity Foundation to fund a Summer and Fall tutoring pilot program in the amount of $158,816.37; and
b. Appropriated $165,000 from the American Rescue Plan Act funds received by the City of South Gate to cover program and administration of funds related to this project; and C. Authorized the Mayor to execute the Agreement in a forin acceptable to the City Attorney.
ROLL CALL: Mayor Rios, yes; Vice Mayor Avalos, yes; Council Member Davila, yes,, Council Member Diaz, yes; Council Member Hurtado, yes
15 FINANCIAL AUDITS The City Council unanimously received and filed the FY 2020-21 Audited Annual Comprehensive Financial Report and Presentation by motion of Council Member Hurtado and seconded by Council Member Davila. No fornnal council action was required.
ROLL CALL: Mayor Rios, yes; Vice Mayor Avalos, yes; Council Member Davila, yes; Council Member Diaz, yes; Council Member Hurtado, yes
16 WARRANTS AND
CANCELLATIONS The City Council unanimously approved the Warrant Register for May 24, 2022, by motion of Vice Mayor Avalos and seconded by Council Member Hurtado.
Total of Checks:
Less: Voids
Total Payroll Deductions:
Grand Total:
$5,452,7 42.98
($ 11,430.39)
($ 333,849.33)
$5,107,463.26
Cancellations: 89934, 93244, 93250, 93277, 93282, 93349, 93366, 93956, 93967, 93968, 93970, 93991, 93995, 94100, 94159, 94192, 94199, 94218, 94223
ROLL CALL: Mayor Rios, yes; Vice Mayor Avalos, yes; Council Member Davila, yes; Council Member Diaz, yes; Council Member Hurtado, yes
226
REGULAR CITY COUNCIL MEETING MINUTES OF MAY 24, 2022 17 CITY COUNCIL
APPOINTMENTS The City Council unanimously ratified the appointment by Council Member Gil Hurtado of Cynthia Chavez to the Citizens Advisory Coinmittee by motion of Council Member Hurtado and seconded by Council Member Davila.
ROLL CALL: Mayor Rios, yes; Vice Mayor Avalos, yes; Council Member Davila, yes; Council Member Diaz, yes; Council Member Hurtado, yes
ADJOURNMENT Mayor Rios unanimously adjourned in memory of Richard Rodriguez, resident of South Gate (owner of Richard's Bail Bonds for over 30 years) and for all lost in the Texas school shooting at 8:55 p.m. and seconded by Vice Mayor Avalos.
PASSED and APPROVED this 12'h of July 2022.
ATTEST:
Al Rios, Mayor Yodit Glaze, City Clerk
227
CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
MINUTES
TUESDAY, JUNE 14, 2022
CALL TO ORDER Al Rios, Mayor called a Special City Council meeting to order at 5:03 p.m.
ROLL CALL Yodit Glaze, City Clerk
PRESENT Mayor Al Rios, Council Member Maria Davila, Council Member Denise Diaz, and Council Member Gil Hurtado; Interim City Manager Chris Jeffers, City Attorney Raul F. Salinas
LATE Vice Mayor Maria del Pilar Avalos arrived at 5:10 p.m.
City Treasurer Gregory Martinez arrived at 6:40 p.m.
CLOSED SESSION The Council Members recessed into Closed Session at 5:06 p.m. and reconvened at 6:36 p.m. with all Members of Council present. City Attorney Salinas reported the following:
1 . CONFERENCE WITH LEGAL COUNSEL - PENDING
LITIGATION
Pursuant to Governrnent Code Section 54956.9(a), 54954.9(b)(3)(C) a. Maria Heredia v. City of South Gate, et al.
On item 1(a), City Council considered a lawsuit filed by Maria Heredia v.
City of South Gate. This is a claim involving injuries from a fall that Ms.
Heredia took on a city sidewalk. There was a presentation made by City Attorney and upon completion of that presentation, a motion was made by Council Member Davila and seconded by Council Member Hurtado and on a vote of 5-0, authorized the City Attorney to defend that lawsuit.
2. CONSIDER THE EV ALUATION OF PERFORMANCE OF A
PUBLIC EMPLOYEE
Pursuant to Government Code Section 54957(b)(1)
a. Interim City Manager
On item 2(a), the City Council received a presentation by the City Attorney and upon completion of that presentation there was no reportable action taken.
228
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 14, 2022
3. CONFERENCEWITHLABORNEGOTIATOR
Pursuant to Governrnent Code Section 54957.6
Agency Representation: Chris Jeffers, Interim City Manager Unrepresented Employees: Top Management/Department Directors Hourly Employees
Employee Organizations: SGMEA, SGPMMA, SGDMA
SGPMA, SGPOA
On item 3, the City Council received a presentation by the Interim City Manager and outside assisting Mr. Jeffers about ongoing negotiations with the city's various labor negotiation groups. Upon completion of the presentation, there was no reportable action taken. There was some guidance given but no action reportable under the Brown Act.
ADJOURNMENT Council Member Davila unanimously adjourned the meeting at 6:43 p.m. and seconded Council Member Diaz.
PASSED and APPROVED this of 2022.
ATTEST:
Al Rios, Mayor Yodit Glaze, City Clerk
229
C1TYMANA8ER'S OFflCE Item No. 9
JUL 0 6 2022 Cil of South Gate
CITY COUNCIL
AG-ENDA JE3J[LL
For the Regular Meeting of: July 12, 2022
SUBJECT: FRANCHISE AGRF,EMENT WITH UNIVERSAL WASTE SYSTEMS, INC, ("UWS") FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION AND PROCESSING SERVICES AND AMENDMNENT N0. 2 TO CONTRACT N0. 2021-70-CCWITH HF &H CONSULT ANTS LLC.
PURPOSE: To award UWS a Franchise Agreement for solid waste, recycling and organics collection services in accordance with the City Council's selection made at the June 27, 2022, Special Council Meeting. To approve Amendment No. 2 to Contract No. 2021-70-CC to authorize HF&H Consultants LLC. (HF&H) to asSist the City in the transition coordination between Waste Management and UWS,as well as other services reqriired for compliance with State requirements RF,COMMENDED ACTION: The City Council will consider:
a. Approving an exclusive Franchise Agreement for Solid Waste, Recycling, and Organic Collection and Processing Services (Franchise Agreement) with UWS for a 10-year contractterm, beginning January 1, 2023, through and including December 31, 2033; b. Approving the optional Used Oil and Used Oil Filter Program, and increase the solid waste first year franchise fee by O.25 cents, from $24.21 to $24.46 for all residential customers; c. Approving Amendment No. 2 to Contract No. 2021-70-CC with HF&H Consultants, LLC.,(HF&H) for Solid Waste Collector Transition Management Services for assistance with the implementation of the Franchise Agreement and services required for compliance with State reqriirements, in an amount not-to-exceed $76,600;
d. Appropriate $137,101 in SB 1383 Local Assistance Grant funds to Account No. 413-733-51- 6101 (Refuse Collection- Professional Services) to fund services necessary to implement SB1383; and e. Authorizing the Mayor to execute the Franchise Agreement and Amendment No. 2 in a formacceptable to the City Attorney.
FISCAL IMPACT: Per the proposal evaluation developed by HF&H, the first-year rate revenue is estimated to be between $13,477,000 and $14,481,000 based on proposers' estimate of container distribution and on a standardized container distribution system analysis performed by HF&H, The estimated first year revenue to be received by the City is $1,617,240 ($1,347,700 in franchise fees, $269,540 in Assembly Bill (AB) 939/Senate Bill (SB) 1383 fees) The franchise fees are credited to the City's General Fund and AB 939/SB 1383 fees are segregated into their own fund in compliance withstate law to be used for costs incurred with those two state mandated regulations. 1 230
In addition, the City will receive a one-time fee
undertake the Request for Proposal ("RFP") process be reimbursed up to $50,000 biennially by UWS
compliance with terms of the agreement, customer
logs, verification of diversion quantity, etc.
of $250,000 to reimburse the costs incurred to
(HF&H, legal and staff time). The City will also to conduct an audit on the contract to veri'Jy
service levels, billing, fee payments, complaint
In order for the City to comply with organics collection and recycling requirements of SB 1383, customer rates will increase from $20.58 per month to $24.21 for basic residential service which includes 96-gallon containers for recyclables, organics and solid waste. The rate would increase to $24.46 if the City Council approves the Oil and Used Oil Filter Program for all households.
Commercial rate increases to be experienced by customers will be based on the services subscribed to.
The appropriation of $137,101 in SB 1383 Local Assistance Grant Funds is to be made to Account No. 413-733-51-6101 (Refuse Collection- Professional Services) to fund services necessary to implement SB 1383.
Amendment No. 2 to Contract No. 2021-70-CC is in the amount of $76,600 and it will be funded with Re:[use Collection Funds in Account No. 413-733-51-6101 collected from the RFP reimbursement fees referenced above. HF&H will be assisting the City in the transition coordination between the City's current solid waste hauler and UWS, as well as other services required for compliance with State requirements.
Finally, the City will see a decrease in its business license fee revenue of approximately $200,000 in FY 22-23 and $400,000 annually thereafter due to the reduction of South Gate waste being transferred through Waste Management's Transfer Station on Ardine Street.
ANALYSIS: At the Special Council Meeting of June 27, 2022, the City Council received a presentation from HF&H of the evaluation of the best and final proposals from Universal Waste Systems, Inc. ("UWS"), NASA Services, Inc. ("NASA") and USA Waste of California, Inc., dba Waste Management ("WM"). The City Council selected UWS and directed staff to finalize theFranchise Agreement with UWS for approval on July 12, 2022.
The Franchise Agreement provides services above and beyond the existing Franchise Agreement with a goal of complying with State regulatory requirements as well as enhancing levels of service. For example, the new Franchise Agreement, includes a tmee-cart system for solid waste, recyclables, and organics recycling services, inclusive of green waste and food scraps; an E-waste and enhanced bulky item collection program for multi-family properties; neighborhood cleanup events; on-call service for City staff for abandoned items; designated area weekly sweeps for abandoned items,, and special cleanup events for homeless encampments.
The attached Franchise Agreement along with its tables and exhibits contain the full scope of services and responsibilities that UWS is committed to provide during the term of the agreement. The City Attorney has requested that the City Council be notified that the Franchise Agreement may include arbitration agreement, which topic is still pending as of the submittal of this Agenda Bill. The City Attorney expects that the issue will be finalized between the parties and ready for the City Council consideration when the matter comes up for discussion at the scheduled City Council meeting. The following table summarizes the terms and conditions of the proposed Franchise Agreement. 2 231
Key Terms and
Services
Description
Administrative
I
I
I
I
* Contract Term: 10 years with City's option to extend for 24 months (month-to- month), beginning January 1, 2023, though and including December 31, 2033. * Residential and com_mercial billing will be performed by the selected waste hauler.
* One-time lump sum payment of $250,000 to offset the City's cost of procuring a new contract.
* 10% franchise fee based on gross receipts collected by the franchisee. * 2% AB 939/SB 1383 reimbursement based on gross receipts collected by I franchisee to offset the City's costs for complying with State mandates.
I @ $10,000 annual scholarship contribution for local high school students that havean interest in environmental studies. ' * $120,000 annual contribution for sponsorships, donations and City, community, ' or school events.
* Signing bonus of $5,000 for eligible South Gate residents that become UWS drivers.
* Up to $50,000 bi-annually to conduct an audit to verify compliance with terms of the franchise agreement
Scope of Services for
Residential and
Multi- Family
(4 units or less)
* Three-cart system for solid waste, recyclables, and organics recycling services, inclusive of green waste and food scraps
* E-waste, Bulky items and holiday tree collection services * Sharps collection and alternative service location (not curbside) for disabled customers
* Oil and Used Oil Filter Program
Scope of Services for
Commercial/Industrial
and Multi- Family (5
units or more)
* Bins and/or carts for solid waste, recyclables, and organics green recycling services * Bulky Item Collection for multi- family customers - 10 items per month per unit. Pickups may be scheduled by the multi-family resident. * Roll-off box collection-permanent and temporary
Other Services
* Solid waste, recyclables, and organics collection from City facilities * Solid waste, recyclables, and organics collection for City-sponsored events * Battery collection and recycling program
@ Neighborhood cleanup events
* Two (2) annual document shredding events
* Two (2) compost/mulch giveaway events
* On-call service by City staff for abandoned items * Designated area weekly sweep for abandoned items * Special cleanup events for homeless encampments * Community Development Department plan reviews
3 232
Other Highlights * Guaranteed Diversion Rate of 36% * Carts and bins will be deployed beginning November 2022 @ Vehicles are scheduled to be delivered by the end of August or beginning of September 2022
Amendment No. 2 to Contract No. 2021-70-CC with HF&H's is for Solid Waste Collector Transition Management Services. These services are necessary to oversee the transition from WM to UWS as well as SB 1383 program development management services. The franchise agreement contains extensive service changes, including a cart for new organics collection at residential premises, mandatory commercial recycling, and organics services, as well as many other requirements imposed by SB 1383. Additionally, the UWS will be assuming responsibility for residential billing which is currently performed by the City and Golden State Water. Moreover, the transition will require thoughtful and accurate public education and outreach program and reporting to meet CalRecycle compliance. HF&H provides the expertise to manage the scope of work required by the franchise agreement and SB 1383. Amendment No. 2 also provides professional services necessary for compliance with State requirements for AB 341, SB 1383 and AB 1826.
This Franchise Agreement is the most integral and complex service agreement any local government unit will enter. The proposed Franchise Agreement is designed to be fully compliant with several state laws that have become effective since the City entered into a service agreement with Waste Management back in 2011. Those state laws include AB 341, AB 1826, and SB 1383. These latest state laws also require mandatory collection of recyclables, organics, an edible food recovery program, procurement of recycled products, securing access to recycling capacity, monitoring compliance, and, in 2024, enforcing compliance upon service users. These new mandates placed upon cities and counties have been discussed several times during the last year to explain the changes needing to occur and implementing several changes to our municipal code in order for the City to have the infrastructure in place when this new Franchise Agreement becomes effective on January 1, 2023.
BACKGROUND: The City provides solid waste and recycling services to residential and commercial customers through a Franchise Agreement with WM. The Franchise Agreement was approved in 2005. In20ll,theFranchiseAgreementwasamendedandextendedtoexpireonDecember31,2022.
A competitive selection process was undertaken to procure the Franchise Agreement that included the City Council, the Ad Hoc Waste Management Subcommittee (Subcommittee), City Administration, Public Works Department staff, HF&H and receiving public input at Council Meetings.
The Subcommittee, which comprised of Council Member Maria Davila and Council Member Denise Diaz, was formed in early 2021 to discuss the options for procuring a new Franchise Agreement. Staff presented two options, which included either, (a) negotiating a contract extension with Waste Management, or (b) issuing a Request for Proposal ("RFP") to procure a new contract competitively.
At the City Council Meeting of April 27, 2021 and May 11, 2021, the City Council received the Subcommittee's and staff's recommendation and directed staff to issue an RFP to procure a new Franchise Agreement competitively by a unanimous vote. In addition, the City Council awarded a sole-source contract to HF&H to develop an RFP and manage the competitive selection process. 4 233
At the City Council Meeting of October 26, 2021, the City Council approved and authorized the release of an RFP. The RFP was released on October 27, 2021, was subsequently amended on October 28, 2021, to clarify some terms, and on December 16, 2021, to respond to questions submitted by potential proposers.
On January 27, 2022, the City received three proposals from the following companies:
* NASA Services, Inc. ("NASA")
* Universal Waste Systems, Inc. ("UWS")
* USA Waste of California, Inc., dba Waste Management ("WM") HF&H performed a preliminary review of the proposals submitted by the three companies and prepared a summary of each proposal. The evaluation reviewed each proposer's references, reviewed qualifications, and proposed rates. Each proposer's qualifications were evaluated based on the following criteria: rates, technical proposal, customer service experience, financial stability, diversion and safety record, personnel, enhancements, and requested exceptions to the draft agreement. While every attempt is made to provide risk protection through performance bonds, verification of ability to perform, past performance reference checks, etc., the exposure ultimately lies with the local government itself to make sure performance standards are met. Written questions were sent to each proposer on March 4, 2022, and each proposer was provided an opportunity to review and comment on the accuracy of the written proposal summary. Written responses from proposers to the initial questions were submitted by March 11, 2022.
At the Special City Council meeting of April 19, 2022, the City Council received a presentation and the preliminary proposal evaluation findings and authorized HF&H to proceed to negotiate with all three proposers and come back with best and final agreements. On May 5, 2022, the eyaluation team conducted interviews with all three proposers. The proposers had until May 13, 2022, to submit their best and final proposals. The negotiations included proposer's rates, customer service plan, financial stability, diversion percentages, enhancements, and requested exceptions to the draft agreement.
The State regulates the solid waste industry with laws overseeing the disposition of solid waste. The State adopts new laws from time to time to change how solid waste is required to be managed. In 2011, the State adopted AB 341 (Solid Waste: Diversion). This bill required Waste Generators to arrange for recycling services, and municipalities to implement a cornrnercial solid waste recycling services program. It established a goal of diverting 75 percent of solid waste, as compared to 2014, by 2020. In 2014, the State adopted AB 1826 (Solid Waste: Organics). This bill required Waste Generators to arrange for organic waste recycling services, inclusive of green waste and food scraps.
Since their approval, the City as well as commercial businesses and qualifying multi-family dwellings of five or more units have been required to comply with all the requirements of AB 341 and AB 1826.
In 2016, the State adopted SB 1383. SB 1383 changed how organic waste is managed statewide. SB 1383 makes organic waste recycling mandatory for all residential, commercial and industrial properties starting on January 1, 2022. Aanongst other, organic waste includes landscape clipping and food scraps. Under this bill, the City will be required to ensure waste haulers operating within the City provide organic waste recycling services. Residential, commercial, and industrial properties will be required to subscribe to organic waste recycling services. The City plans to fully comply with SB 1383 starting January 1, 2023, after the proposed Franchise Agreement is approved. At the City Council Meeting of January 25, 2022, the City Council authorized the submittal of a Notification of Intent to Comply (NOIC) per SB 619. SB 619 created a mechanism through which a jurisdiction may 5 234
secure administrative civil penalty relief from any continuing violations included in SB 1383 for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties through a corrective action plan. SB 619 authorizes CalRecycle to waive civil penalties if a jurisdiction submits a NOIC for some or all of the regulatory requirements and success:fully implements a plan to correct their violations. Ultimately, the burden falls upon the local governments to ensure compliance with the various state mandates.
On May 11, 2021, the City Council approved Contract No. 2021-70-CC with HF&H for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement in the amount of $150,000. Contract No. 2021-70-CC included a scope of work to negotiate with one solid waste and recycling services provider. Amendment No. I to Contract No. 2021-70-CC was approved administratively in the amount of $13,000 to authorize HF&F to negotiate a "Best and Final" offer with three solid waste and recycling services providers.
ATT ACHMENTS: A. Proposed Franchise Agreement with UWS B. Residential Rate Comparison
C. Proposed Amendment No. 2 to Contract No. 2021-70-CC with HF&H D. Amendment No. 1 to Contract No. 2021-70-CC with HF&H E. ContractNo.2021-70-CCwithHF&H
6 235
ATTA(,HMENT A
EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN
CITY OF SOUTH GATE
AND
UNIVERSAL WASTE SYSTEMS, INCORPORATED
FOR
RECYCLING, ORGANICS, AND SOLID WASTE COLLECTION
AND
RECYCLING, ORGANICS, AND C&D PROCESSING SERVICES
JULY 12, 2022
236
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237
Table of Contents
TABLE OF CONTENTS
LIST OF EXHIBITS
RECIT ALS I
ARTICLE 1. GRANT AND ACCEPT ANCE OF FRANCHISE 2
1.1 1.2
1.3 GRANT AND ACCEPTANCE OF FRANCHISE.
LIMIT ATIONS TO THE FRANCHISE............
OBLIGATIONS OF PARTIES........................
2 .2
.4
ARTICLF, 2. TERM OF AGREEMENT 5
2.1 TERM AND OPTION TO EXTEND
2.1. 1 0PTION TO EXTEND TERM.
2.2 2.3
CONDITIONS TO EFFECTIVENESS OF AGREEMENT.
DELEGATION OF AUTHORITY...................
5 .5
5 .6
ARTICLE 3. SCOPE OF AGREEMENT 6
3.1 3.2
3.3 3.4
3.5 S{JMMARY SCOPE OF SERVICES
USE OF APPROVED FACILITIES.
SUBCONTRACTING.
RESPONSIBILITY FOR MATERIALS
CITY-DIRECTED CHANGES TO SCOPE
.6
7 7
7 8
ARTICLE 4. SCOPE OF SERVICES 8
RECYCLABLE AND ORGANIC MATERIALS
SOLID W ASTE.
B{JLKY ITEMS AND REUSABLE MATERIALS.
CITY SPONSORED EVENTS ........................
PUBLIC EDUCATION AND OUTREACH
BILLING .......
CUSTOMER SERVICE PROGRAM ...............
4.7.1 PROGRAM REQUIREMENTS
4.7.2 MISSED COLLECTIONS.......
4.7.3 SB 1383 NON-COMPLIANCE COMPLAINTS.
4.8 ACCESS TO CUSTOMER SERVICE AND BILLING SYSTEMS
4.9 SERVICE EXEMPTIONS
4.9.1 GENERALEXEMPTIONS.
4.9.2 COMMERCIAL AND MULTI-F AMILY CUSTOMER W AIVERS . 4,9,3 CONTRACTOR SERVICE EXEMPTIONS.
4.10 CONTAMINATIONMONITORTNG
4.10.1 ANNUAL ROUTE REVIEWS.
4.10.2 W ASTE CHARACTERIZATION STUDIES.
4.11 ROUTEAUDIT
ARTICLE 5. STANDARD OF PERFORMANCF, 27
5.1 GENERAL. .27
5.2 OPERATING HOURS AND SCHED{JLES
5.3 COLLECTION ST ANDARDS . .28
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5.4 TRANSFER AND PROCESSING ST ANDARDS ..............
5.4.1 EQUIPMENTANDSUPPLIES....................
5.4.2 SCALES AND WEIGHING....
5.5 COLLECTION VEHICLE REQUIREMENTS..
5.6 CONTAINERREQUIREMENTS....................
5.7 PERSONNEL.
5.8 HAZARDOUS WASTE INSPECTION AND HANDLING..
5.9 CONTRACT MANAGEMENT.......................
5.10 ENVIRONMENT ALLY PREFERABLE PURCHASING .....
5.11 LOCAL P{JRCHASING PREFERENCE..........
5.12 MINIMUM DIVERSION REQUIREMENTS ...
ARTICLE 6. RECORD KEEPING AND REPORTING
6.1 6.2
6.3 6.4
6.5 RECORD KEEPING..............,,,,,,,
REPORT SUBMITT AL REQUIREMENTS .....
PERFORMANCE REVIEW....
PERFORMANCE SATISFACTION S{JRVEY.
BIENNIAL AUDIT.....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-
6.5.1 PAYMENTSANDREFUNDS
ARTICLE 7. CITY FEES 44
7.1 FRANCHISE FEE ..................................
7.1.1 ADJUSTMENT TO FRANCHISE FEE..
7.2 7.3
7.4 7.5
7.6 7.7
AB 939/SB 1383 REIMBURSEMENT..
ADJUSTMENT TO AB 939/SB 1383 REIMB{JRSEMENT.
PAYMENT SCHEDULE AND LATE FEES....
CONTRACTING FEE................................,,,,
OTHERFEES .........................................
DISCONTINUANCE OF FEES
ARTICLE 8. CONTRACTOR'S COMPENSATION AND RATE SETTING 46 GENERAL.
INITIAL RATES ........................................
SCHEDULE OF FUTURE ADJtTSTMENTS..
METHOD OF ADJLTSTMENTS.....................
8.4.1 GENERAL.
8.4.1.1 INDEMNIFICATION.
8.4.2 RATE ADJUSTMENT CALCULATION.
8.5 EXTRAORDINARY ADNTSTMENTS.
ARTICLE 9. INDEMNITY, INSURANCE, AND PERFORMANCE BOND 48
9.1 9.2
9.3 9.4
9.5 9.6
9.7 INDEMNIFICATION
INSURANCE.
FAITHFUL PERFORMANCE BOND.............
FAITHFUL PERFORMANCE LETTER OF CREDIT..........
FORFEIT{JRE OF PERFORMANCE BOND
FORFEITURE OF LETTER OF CREDIT ........
PERFORMANCE SEC'[JRITY BEYOND SERVICE TERM..
ARTICLE 10 54
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CITY'S RIGHT TO PERFORM SERVICE 64
0.1 GENERAL..................................................................................................................54 TEMPORARY POSSESSION OF CONTRACTOR'S PROPERTY...................................55 BILLING AND COMPENSATION TO CITY DURING CITY'S POSSESSION ................55 CITY'S RIGHT TO RELINQUISH POSSESSION ..........................................................55 CITY'SPOSSESSIONNOT ATAKING........................................................................56
0.6 D{JRATION OF CITY'S POSSESSION.........................................................................56
0.7 DISASTERPREPAREDNESSPLAN............................................................................56
0.2 0.3
0.4 0.5
ARTICLE 11. DEF AULT AND REMEDIES 56
11.1 EVENTSOFDEFAULT.......
11.2 CONTRACTOR'S RIGHT TO CURE; RIGHT TO TERMINATE {JPON EVENT OF DEF AULT.............................................. .3 CITY'SREMEDIESINTHEEVENTOFDEFAULT.............................................. .4 POSSESSION OF RECORDS UPON TERMINATION............................................. .5 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE----------------............ .6 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES............. .7 EXCUSE FROM PERFORMANCE.............
.8 RIGHT TO DEMAND ASS{JRANCES OF PERFORMANCE............................. .9 DISPUTERESOLUTION......................................................................................... .56
ARTICLE 12. REPRESENT ATIONS AND WARRANTIES OF THE PARTIES.........................69
2.1 2.2
2.3 2.4
2.5 2.6
2.7 CONTRACTOR'S CORPORATE ST ATUS ................
CONTRACTOR'S CORPORATE AUTHORIZATION.
AGREEMENT WILL NOT CAUSE BREACH..............
NO LITIGATION............................
NO ADVERSE JUDICIAL DECISIONS.......
NO LEGAL PROHIBITION .........................................
CONTRACTOR'S ABILITYTOPERFORM..................
ARTICLE 13. OTHER AGREEMENTS OF THE PARTIES 70
3.1 RELATIONSHIP OF PARTIES ...........................
3.2 COMPLIANCEWITHLAW................................
3.3 GOVERNING LAW .............................................
3.4 JURISDICTION ...................................................
3.5 BINDING ON SUCCESSORS ................................
3.6 ASSIGNMENT ......................................................
3.7 NO THIRD-PARTY BENEFICIARIES......................
3.8 WAIVER.................................................................
3.9 AFFILIATED COMPANIES
3. O TRANSITIONTONEXTCONTRACTOR..................
3. I CONTRACTOR'S INVESTIGATION ..........................
3. 2 CONDEMNATION..............................................
3. 3 NOTICEPROCEDURES
3. 4 REPRESENTATIVES OF THE PARTIES
3. 5 COMPLIANCE WITH MUNICIPAL CODE ..................
3. 6 COOPERATIONFOLLOWINGTERMINATION...........
3. 7 COMPLIANCE WITH IMMIGRATION LAWS....
ARTICLE 14. MISCELLANEOUS AGREEMENTS 75
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ENTIRE AGREEMENT........
SECTION HEADINGS
REFERENCES TO LAWS
INTERPRET ATION.,,,,,,,,,,,,,
AMENDMENTS ............,,,,,,,,
SEVERABILITY...............
COUNTERPARTS
EXHIBITS .....
NON-W AIVER PROVISION ...
ATTORNEYS' FEES................
A. Definitions
B. Direct Services
List of Exhibits
C.
D.
E.
F.
G.
H.
I.
J.
K.
L
Bl. Single-Family Residential Services
B2. Multi-Family Residential Services
B3. Commercial Services
B4. City Services
B5. City Service Levels and Locations
Public Education and Outreach Requirements
Initial Maximum Rates
Example Rate Adjustment Formula
Reporting Requirements
Exhibit Reserved
Contractor's Faithful Performance Bond
Notary Certification
Contractor's Implementation Plan and Schedule
Environmentally Preferable Purchasing Policy
AB 341 and SB 1383 Implementation Plan
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Exclusive Franchise Agreement
between
City of South Gate
and
Universal Waste Systems, Incorporated
for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services 8 THIS EXCLUSIVE FRANCHISE AGREEMENT (hereinafter "Agreement") is made and entered into as of July 9 12, 2022 between the City of South Gate, California, a municipal corporation (hereinafter "City"), and 10 Universal Waste Systems, Incorporated (hereinafter referred to as the "Contractor") (each a "Party" and 11 collectively the "Parties").
RECIT ALS
13 This Agreement is entered into with reference to the following facts and circumstances:
14 WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste 15 Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared 16 that it is in the public interest to authorize and require local agencies to make adequate provisions for 17 Solid Waste Collection within their jurisdiction; and, 18 WHEREAS, the State of California has found and declared that the amount of refuse generated in 19 California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from 20 landfilling and the need to conserve natural resources, have created an urgent need for State and local 21 agencies to enact and implement an aggressive integrated waste management program. The State has, 22 through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs 23 and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 24 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 25 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible 26 State agency, and all local agencies, to promote Diversion and to maximize the use of feasible waste 27 reduction, re-use, Recycling, and Composting options in order to reduce the amount of refuse that must 28 be Disposed; and,
29 WHEREAS,SB1383establishesregulatoryrequirementsfo2urisdictions,Generators,haulers,SolidWaste 30 facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction 31 targets; and,
32 WHEREAS, SB 1383 requires the City to implement Collection programs, meet Processing Facility 33 requirements, conduct contamination monitoring, provide education, maintain records, submit reports, 34 monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to 35 delegate some of its responsibilities to the Contractor, acting as the City's designee, through this 36 Agreement; and,
37 WHEREAS,pursuanttoCaliforniaPublicResourcesCodeSection40059(a)(2itheCityhasdeterminedthat 38 the public health, safety, and well-being require that exclusive rights be awarded to one or more qualified July 12, 2022 Page 1 City of South Gate
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Contractor to provide for the Collection of Recyclable Materials, Organic Materials, and Solid Waste and other services related to meeting the City's economic and environmental goals; and, WHEREAS, the City further declares its intent to approve and maintain reasonable Rates forthe Collection, Recycling, Processing, Composting, and/or Disposal of Recyclable Materials, Organic Materials, and Solid Waste; and,
WHEREAS, the City desires, having determined that Contractor, by demonstrated experience, reputation and capacity is qualified to provide for both the Collection of Recyclables Materials, Organic Materials, and Solid Waste within the corporate limits of the City and the Transportation of such material to appropriate places of Processing, Recycling, Composting, and/or Disposal, that Contractor be engaged to perform such services on the basis set forth in this Agreement; and, WHEREAS, the City and Contractor have attempted to address conditions affecting their performance of services under this Agreement but recognize that reasonably unanticipated conditions may occur during the Term of this Agreement that will require the Parties to meet and confer to reasonably respond to such changed conditions; and,
WHEREAS, under Municipal Code Section 13.100.160, the City may enterinto a contract forthe Collection, removal and Disposal of all refuse in and from the City and the collection of Rates therefor, and the City Council is authorized to enter into such contract with any terms it deems necessary to protect the best interests of the City.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this Agreement and for other good and valuable consideration, the Parties agree as follows:
59 60
61 1.1
ARTICLE 1.
GRANT AND ACCEPT ANCE OF FRANCHISE
GRANT AND ACCEPT ANCE OF FRANCHISE
By the signing of this Agreement, the City grants to Contractor, and Contractor accepts, a exclusive franchise within the corporate limits of the City. The franchise granted to Contractor shall be forthe scope of services described in this Agreement, subject to the limitations described in Section 1.2 and except where otherwise precluded by Federal, State, and local laws and regulations. 66 1.2 LIMITATIONS TO THE FRANCHISE
The award of this Agreement shall not preclude the categories of Recyclable Materials, Organic Materials, Solid Waste, or other materials listed below from being delivered to and Collected and Transported by other Persons, provided that nothingin this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from the City which is otherwise required by law:
A. Recyclable and Organic Materials. Other Persons shall maintain the right to: (1) accept Source Separated Recyclable Materials and Source Separated Organic Materials donated from the service recipient, or (2) to pay the service recipient for Source Separated Recyclable Materials and Source Separated Organic Materials provided that there is no net payment made by the service recipient to such other Person.
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B. Self-Hauled Materials. A Commercial business Owner or Resident may Transport Recyclable Materials, and Organic Materials for Processing, generated in or on their own Premises with their own vehicle.
C. Construction and Demolition Debris (C&D). Construction and Demolition Debris which is removed by a duly-licensed construction or demolition company or as part of a total service offered by said licensed company or by the City, where the licensed company utilizes its own equipment.
D. Donated or Sold Materials. Any items which
Generator and (a) sold or (b) donated to youth,
not be deemed donated if they are Collected
501(c)(3) organization.
are Source Separated at any Premises by the
civic, or charitable organizations. Materials will
by a non-franchised waste hauler that is not a
E. Edible Food. Edible Food which is Collected from a Generator by other Person(s), such as a Person from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery; or which is Self-Hauled by the Generator to another Person(s), such as a Person from a Food Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator donates, sells, or pays a fee to the other Person(s) to Collect or receive the Edible Food.
F. Food Scraps. Food Scraps that are separated by the Generator and used by the Generator or distributed to other Person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food Scraps intended for animal feed may be Self-Hauled by Generator or hauled by another party.
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G. Materials That Contractor Does Not Divert. Discarded Materials which the Contractor is not required to Process and Divert under this Agreement as of the Effective Date of this Agreement which subsequently, in the City's reasonable judgment, become economically feasible to Divert.
In such event, Contractor shall have the right to Collect and Process such materials if Contractor agrees to do so without any change in Rates. If Contractor is unwilling to Process and Divert such new materials at existing Rates, the City may provide for Collection, Processing, and Diversion of such materials in any manner it deems appropriate. Such materials mayinclude, but not be limited to, Organic Materials which Contractor would otherwise Dispose. Contractor may not enforce its franchise rights in a manner that would prevent the Diversion of material that Contractoris unable or unwilling to Divert.
106
107
H. Beverage Containers. Containers delivered for Recycling underthe California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 108
109
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ill
112
113
1. Materials Removed by Customer's Contractor as an Incidental Part of Services. Recyclable Materials, Organic Materials, Solid Waste, and Bulky Items removed from a Premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, Residentiat clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service which is not included in the scope of this Agreement.
114
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116
J. On-site or Community Composting. Organic Materials Composted or otherwise legally managed at the site where it is generated (e.g., backyard Composting, or on-site anaerobic digestion) or at a Community Composting site.
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117
118
K. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or butcher shops, grease, or used cooking oil.
119
120
L. Sewage Treatment By-Product. By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.
121 M. Excluded Waste. Excluded Waste regardless of its source. 122
123
124
125
N. Materials Generated by State and County Facilities. Materials generated by State and County facilities located in the City, including but not limited to the Los Angeles, Downey, Lynwood, and Paramount Unified School Districts, provided that the Generator has arranged services with other Persons or has arranged services with the Contractor through a separate agreement. 126
127
128
129
130
131
132
133
Contractor acknowledges and agrees that the City may permit other Persons besides the Contractor to Collect any and all types of materials excluded from the scope ofthis Franchise, as set forth above, without seeking or obtaining approval of Contractor. If Contractor can produce evidence that other Persons are servicing Collection Containers or are Collecting and Transporting Recyclable Materials, Organic Materials, and/or Solid Waste in a manner that is not consistent with this Agreement or the City's Code, it shall report the location, the name and phone number of the Person or company to the City Manager, or his or her designee, along with Contractor's evidence. In such case, City may notify the Generator and Person providing service of Contractor's rights under this Agreement. 134
135
136
137
138
139
140
141
142
143
This Agreement and scope of this franchise shall be interpreted to be consistent with Applicable Law, now and during the Term of the Agreement. If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the City to lawfully contract for the scope of services in the manner and consistent with all provisions as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully included herein and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations to the scope or provisions of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial interpretations or new laws and the Contractor may meet and confer with City and may petition for a Rate adjustment pursuant to Section s.s.
144 "1.3 0BLIGATIONS OF PARTIES
145 In addition to the specific performance required under the Agreement, City and Contractor shall:
146
147
1. Provide timely notice to one another of a perceived failure to perform any obligations under this Agreement and access to information demonstrating the Party"s failure to perform. 148
149
2. Provide timely access to the City Manager and the Contractor's designated representative and complete and timely responses to requests of the other Party. 150
151
3. Provide timely notice of matters which may affect either Party's ability to perform under the Agreement.
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152
153
154 2.1
ARTICLE 2.
TERM OF AGREEMENT
TERM AND OPTION TO EXTEND
155
156
157
The Term of this Agreement shall commence January 1, 2023 (Commencement Date) and continue in full force for a period of ten (10) years, through and including December 31, 2033, unless the Agreement is extended in accordance with Section 2.1.1 or terminated pursuant to Section 11.2. 158 2.1.1 0ption to Extend Term
159
160
161
162
163
City shall have the sole option to extend this Agreement up to twenty-four (24) months. The City may, upon 90-day advance written notice to the Contractor prior to Agreement expiration, exercise the extensionoption. IfsuchextensionnoticeisprovidedbyCity,theAgreementwillrenewmonthlythrough Council action, up to a maximum oftwenty-four (24) months unless City gives Contractor a 60-day written notice of expiration.
164 2.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT
165
166
167
The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may be waived, in written form only, in whole or in part by City. 168
169
170
A. Accuracy of Representations. The Contractor's representations and warranties made in Contractor's Proposal and Article 12 of this Agreement are true and correct on and as of the Effective Date.
171
172
B. Furnishings of Insurance and Performance Bond. Contractor has furnished evidence of the insurance and performance bond required by Article 9 that is satisfactory to the City. 173
174
175
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177
C. Absence of Litigation. To the best of Contractor's knowledge, after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality decided, pending or threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would:
178 1. Materially adversely affect the performance by Contractor of its obligations hereunder; 179 2. Adversely affect the validity or enforceability of this Agreement; or, 180
181
3. Have a material adverse effect on the financial condition of Contractor, or any surety or entity guaranteeing Contractor's performance under this Agreement. 182
183
184
D. Permits Furnished. Contractor has provided City with copies of all permits necessary for operation of all Approved Facilities owned or operated by Contractor or any Subcontractor for use under the terms of this Agreement.
185
186
E. Legal Challenge. Contractor understands and acknowledges that the award ofthis Agreement and related decisions may be subject to review and repeal by the City's citizens through a referendum July 12, 2022 Page 5 City of South Gate
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192
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194
or similar petition, and to various types of legal and environmental challenges (such referenda, similar petition and legal and environmental challenges being referred to collectively as "Legal Challenges"). Accordingly, this Agreement shall not become effective until the City reasonably determines that (1) any Legal Challenges that had been initiated as of the time of such determination have been resolved in favor of the City's award of this Agreement to Contractor; and (2) the deadline to initiate any additional Legal Challenges has expired; provided, however, that Contractor shall be entitled to rescind this Agreement upon thirty (30) days' prior written notice to the City if such determination is not made by December 31, 2022. 195 2.3 DELEGATION OF AUTHORITY
196
197
198
The administration of this Agreement by the City shall be under the supervision and direction of the City Manager's office and the actions specified in this Agreement, unless otherwise stated, shall be taken by the City Manager, or his or her designee.
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200
201 3.1
ARTICLE 3.
SCOPE OF AGREEMENT
SUMMARY SCOPE OF SERVICES
202 The Contractor or its Subcontractor(s) shall be responsible for the following:
203
204
205
A. Providing a three-Container Collection program for the separate Collection of Recyclable Materials, Organic Materials, and Solid Waste generated by and placed for Collection by Single- Family Residential Customers pursuant to the requirements of Article 4 and Exhibit Bl. 206
207
208
B. Dependent upon the needs of Multi-Family and Commercial Customers, Contractor shall provide one of the following Collection programs pursuant to the requirements of Article 4 and Exhibits B2 and B3:
209
210
a. Three-Container Collection program for the separate Collection of Recyclable Materials, Organic Materials, and Solid Waste;
211
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213
b. Three-Container Collection program consisting of commingled Solid Waste and Food Waste (Mixed Waste), Source Separated Recyclable Materials, and commingled Yard Trimmings and wood waste;
214
215
c. Two-Container Collection program consisting of commingled Solid Waste and Organic Materials (Mixed Waste), and Source Separated Recyclable Materials; 216
217
d. Source Separated Food Waste in 32-gallon, 64-gallon, and 2-cubic yard Containers with the three-Container or two-Container Collection programs. 218
219
B. Transporting Collected materials to the appropriate Approved Facilities pursuant to requirements of Article 4 and Exhibit B;
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221
C. Processing Collected Recyclable Materials and Organic Materials at the appropriate Approved Facilities pursuant to the requirements of Article 4 and Exhibit B; July 12, 2022 Page 6 City of South Gate
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225
D. Performing all other services required by this Agreement including, but not limited to, Customer billing, public education, Customer service, contamination monitoring, record keeping, and reporting pursuant to Articles 4 and 6 and Exhibits C (Public Education & Outreach) and F (Reporting);
226
227
E. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations under this Agreement; 228
229
F. Paying all expenses related to provision of services required by this Agreement including, but not limited to, taxes, regulatory fees (including City Fees and Reimbursements), and utilities; 230
231
G. Performing or providing all services necessary to fulfill its obligations in full accordance with this Agreement at all times using best industry practice for comparable operations; and, 232 H. Complying with all Applicable Laws.
233
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236
The enumeration and specification of particular aspects of service, labor, or equipment requirements shall not relieve Contractorofthe dutyto perform all othertasks and activities necessarytofulfill its obligations under this Agreement, regardless of whether such requirements are enumerated elsewhere in the Agreement, unless excused in accordance with Section 11.7. 237 3.2 USE OF APPROVED FACILITIES
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243
The Contractor, without constraint and as a free-market business decision in accepting this Agreement, agrees to use the Approved Facilities for the purposes of Processing and/or Disposing of all Recyclable Materials, Organic Materials, Solid Waste, and other materials Collected in the City. Use of a facility must be approved, in writing, by the City prior to use consistent with the requirements of Article 4. Such decision by Contractor in no way constitutes a restraint of trade notwithstanding any Change in Law regarding Flow Control limitations or any definition thereof. 244 3.3 SUBCONTRACTING
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254
Contractor shall not engage any Subcontractors for Collection, Transportation, or Processing of Recyclable Materials, Organic Materials, or Solid Waste services without the prior written consent of City Manager and/or City Council. As of the Effective Date of this Agreement, City has approved Contractor"s use of those Subcontractors identified in Contractor's Proposal. If the Contractor plans to engage affiliated or related party entities in the provision of services, Contractor shall provide City Manager with thirty (30) days written notification of its plans and provide an explanation of any potential impacts related to the quality, timeliness, or cost of providing services under this Agreement. All insurance documents must be reviewed and approved by the City's Risk Manager prior to City acceptance. Contractor shall require that all Subcontractors file insurance certificates with the City, name City as an additional insured, and comply with all material terms of this Agreement.
255 3.4 RESPONSIBILITY FOR MATERIALS
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257
258
259
Once Recyclable Materials, Organic Materials, and/or Solid Waste are placed in the Contractor's Containers and at the Collection location, the responsibility for their proper handling shall transfer directly from the Generator to Contractor, with the exception of Excluded Waste if the Contractor can identify the Generator pursuant to Section 5.8.B. Once Recyclable Materials, Organic Materials, and/or Solid Waste July 12, 2022 Page 7 City of South Gate
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260 are deposited by Contractor at the appropriate Approved Facility, such materials shall become the 261 responsibility of the Owner or operator of the Approved Facility except for Excluded Waste pursuant to 262 Section s.s.c.
263 Responsibility for Excluded Waste that has been inadvertently Collected by the Contractor shall remain 264 with the Contractor if it cannot identify the Generator, and Contractor shall assume all responsibility for 265 its proper Disposal.
266 3.5 CITY-DIRECTED CHANGES TO SCOPE
267 CitymayrequireaproposalfromContractortoestablishthescopeofanymodificationtoexistingservices 268 (which may include use of Approved Facilities) to be provided under this Agreement. In such case, 269 Contractorshallpresent,withinthirty(30)calendardaysofCity"srequest,unlessanalternatescheduleis 270 mutuallyagreed-upon,awrittenproposaltoprovidesuchmodifiedoradditionalservices.Cityshallreview 271 the Contractor's Proposal for the change in scope of services. City and Contractor may meet and confer 272 to negotiate Contractor's proposed revisions and costs and shall amend this Agreement, as appropriate, 273 to reflect the mutually agreed-upon changes in scope. If the City and Contractor are unable to agree on 274 terms and conditions, including compensation adjustments, of such services within ninety (90) calendar 275 days from City's receipt of Contractor's Proposal for such services, the City may permit other Persons to 276 providesuchservices.NothinghereinshallpreventtheCityfromsolicitingcostandoperatinginformation 277 fromotherPersonsinordertoinformtheCity'sevaluationofContractor'sProposal. 278 At any time during the Term of this Agreement, the City may solicit proposals from other Persons for 279 services not contemplated under this Agreement. In the event that contracting with other Persons for 280 such services will reduce Contractor's Compensation underthis Agreement, as described in Article 8, the 281 Contractor shall be offered the opportunity to match any other Person's proposed pricing and retain the 282 added scope of services. However, nothing in this Agreement shall prevent the City from contracting with 283 other Persons in the event that Contractor is unable or unwilling to provide such services at or below the 284 cost proposed by the other Person.
285
286
ARTICLE 4.
SCOPE OF SERVICES
287 ContractorshallperformtheRecyclableMaterials,OrganicMaterials,SolidWaste,andBulkyltemservices 288 describedinthisArticle4,foranyCustomerintheCitythatsubscribestoContractor'sCollectionservices. 289 Contractor's Collection services shall be offered to any Customer that places Containers in a public right- 290 of-way or that provides a waiver for Contractor to access the Private Road(s) where Customer places its 291 Containers.
292 This Article 4 describes the general requirements for the services to be provided. More specific 293 requirements for how each service shall be provided to each Customer Type are described in Exhibit B. 294 Failure to specifically require an act necessary to perform the service does not relieve Contractor of its 295 obligation to perform such act.
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296 4.1 RECYCLABLE AND ORGANIC MATERIALS
297
298
A. Collection. Contractor shall provide Recyclable and Organic Materials Collection services as described in Exhibit B.
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B. Transfer. Contractor plans to Transport Discarded Materials to the Approved Transfer Facility where the materials will be unloaded from Collection vehicles and loaded into large-capacity vehicles and Transported to the Approved Processing Facilities. Contractor shall keep all existing permits and approvals necessary for use of the Approved Transfer Facility in full regulatory compliance. Upon request, Contractor shall provide copies of facility permits and/or notices of violations (obtained from its Transfer Facility Subcontractor if necessary) to City Manager. If the Contractor is unable to use the Approved Transfer Facility, then the Contractor shall be responsible for making other Transportation arrangements. In such event, Contractor shall not be compensated for any additional costs. If the Contractor plans to change its Transfer method, Contractor shall obtain written approval from the City prior to making the change. 309
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C. Processing. Contractor shall Transport and deliver all Source Separated Recyclable Materials placed in Recyclable Material Containers to the Approved Recyclable Materials Processing Facility, Source Separated Organic Materials placed in Organic Material Containers in the City to the Approved Organic Materials Processing Facility, and Mixed Waste to the Approved High Diversion Organics Waste Processing Facility. All tipping fees and other costs associated with Transporting to and Processing of such Recyclable and Organic Materials at the Approved Processing Facilities and Disposing of the Residue as required in Section 4.1.1 below shall be paid by Contractor. 316
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D. Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved Processing Facilities to Process all Source Separated Recyclable Materials, Source Separated Organic Materials and Mixed Waste Collected by Contractor under this Agreement throughout the Term of the Agreement.
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E. Compliance with Regulatory Requirements and Applicable Law. Contractor shall keep all existing permits and approvals necessary for use of the Approved Processing Facilities in full regulatory compliance. Upon request, Contractor shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility Subcontractor if necessary) to City Manager. 324
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F, Notification of Emergency Conditions. Each Approved Facility shall notify the City of any unforeseen operational restrictions that have been imposed upon the Facility by a regulatory agency or any unforeseen equipment or operational failure that will temporarily prevent the Facility from Processing the Discarded Materials Collected under this Agreement. 328
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G. Approved Facility(ies) Unavailable/Use of Alternative Facility(ies). If Contractor is unable to use the Approved Processing Facility due to an event that meets the requirements for excusing Contractor from performance of this specific obligation as described in Section 11.7, Contractor shall use an alternative Processing Facility provided that the Contractor provides written notice to City Manager. Within forty-eight (48) hours of emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Processing Facility is not feasible, and the period of time Contractor proposes to use the alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Manager is able to consider and respond to the use of the proposed July 12, 2022 Page 9 City of South Gate
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alternative Processing Facility. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the City Manager. The City Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Processing Facility. If the City disapproves the use of the proposed alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility.
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If the use of an alternative Processing Facility is for reasons within Contractor's, or its Processing Facility Subcontractor's control, Contractor's Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Processing Facility.
However, if the use of an alternative Processing Facility is due to reasons beyond Contractor's or its Subcontractor"s control, then City shall adjust, either up or down, Contractor's Compensation for changes in Transportation and Processing costs associated with the use of the alternative Processing Facility. In the event that the change in the Processing Facility results in increased costs, City may identify and direct Contractor to an alternative Processing Facility, at the Contractor's expense, which results in less cost than the Contractor-identified alternative. 353
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Except for the emergency conditions described in this Section, Contractor shall not change its selection of the Approved Processing Facilities without City's written approval, which may be withheld in the City's sole discretion. If Contractor elects to use a Processing Facility that is different than the initial Approved Processing Facilities, it shall request written approval from the City Manager sixty (60) calendar days prior to use of the site and obtain City's written approval no later than ten (10) calendar days prior to use of the site. Failure to meet the requirements of this Section shall result in Liquidated Damage as identified in Section 11.6. 360
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Contractor shall observe and comply with all regulations in effect at the Approved Processing Facilities and cooperate with and take direction from the operator thereof with respect to delivery of Recyclable and Organic Materials. Contractor shall actively work with the Approved Processing Facility operators throughout the Term of this Agreement to ensure that contamination of the Recyclable and Organic Materials Collected under this Agreement and delivered to the Processing Facility remains below the limits established by Applicable Law including, without limitation, SB 1383.
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H. Marketing. The Contractor shall be responsible for marketing Recyclable Materials and Organic Materials Collected in the City that are delivered for Processing at the Approved Processing Facilities. Contractor's marketing strategy shall promote the highest and best use of materials presented in the waste management hierarchy established by AB 939. Where practical, the marketing strategy should include use of local markets for Recyclable and Organic Materials. 372
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i. Residue Disposal. Residue from the Processing of Recyclable Materials, Organic Materials, and Mixed Waste Collected under this Agreement at the Approved Processing Facilities, which cannot be marketed, shall be Disposed of by Contractor, or the Processing Facility Subcontractor. Residue delivered for Disposal shall not include any Excluded Waste. 376
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J. Compostable Plastics. If Compostable Plastics are accepted at the Approved Organic Materials Processing Facility, Customers may place Compostable Plastics in the Organic Materials Container for Collection, including Compostable Plastic bags used by Customers to contain Food Waste prior July 12, 2022 Page 10 City of South Gate
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to placement in the Organic Materials Container for Collection. Contractor may prohibit use of Compostable Plastics in Organic Material Containers. Contractor shall Collect and Transport such materials for Processing at the Approved Organic Waste Processing Facility. At least six (6) months prior to the commencement of the Agreement, and annually thereafter, Contractor shall provide a written notification to the City authorizing that the Facility has and will continue to have the capability to Process and recover the Compostable Plastics throughout the Term of the Agreement; and the Contractor shall not revoke this authorization at any time during the Term of the Agreement. If the Contractor does not submit such notification, or if at any time during the Term of the Agreement the Approved Organic Waste Processing Facility can no longer accept and/or Process Compostable Plastics, the City may assess Liquidated Damages or deem such failure an event of default of the Contractor under Article 11. Contractor shall notify the City within seven (7) days of the Facility"s inability to accept the Compostable Plastics. The notification shall, at a minimum, include: the date and a description of the reasons that the Facility is not able to Process and recover the Compostable Plastics; the period of time the Facility will not Process and recover these materials; and the Contractor"s proposed plan to find an alternative Facility or arrangement to Process the Compostable Plastics, subject to City approval. City may prohibit or restrict the use of Compostable Plastics, with a six (6) month notice to Contractor, and this shall not constitute a City-Directed Change in Scope or Change in Law under this Agreement. 397 4.2 SOLID WASTE
398 Contractor shall offer and provide Solid Waste Collection services as described in Exhibit B. 399
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Contractor acknowledges that City is committed to Diverting materials from Disposal through the implementation of source reduction, reuse, Recycling, Composting, and other programs, and that City may implement new programs, with or without the involvement of the Contractor, that may impact the overall quantity or composition of Solid Waste to be Collected by Contractor. Contractor shall not be entitled to any compensation or other relief resulting from a decline in Solid Waste volumes or Tonnage or from a change in the composition of Solid Waste. 405
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Contractor shall Transport all Solid Waste Collected in City to the Approved Disposal Facility. Contractor shall pay all costs associated with Transportation and Disposal of Solid Wasteincluding payment of any gate fees charged at the Approved Disposal Facility. Contractor shall observe and comply with all regulations and posted rules in effect at the Approved Disposal Facility and cooperate with and take direction from the operator thereof with respect to delivery of Solid Waste. 410 4.3 BULKY ITEMS AND REUSABLE MATERIALS
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Contractor shall offer Bulky Item and Reusable Materials Collection services as described in Exhibit B. On- call Bulky Item and Reusable Materials Collection services shall be offered to Customers within one (1) Working Day of Contractor's receipt of such a Customer request for service, pursuant to Exhibit B.
Contractor shall make reasonable efforts to schedule on-call Bulky Item and Reusable Materials Collections on a day that is convenient to the Customer. Contractor shall Transport all Bulky Items or Reusable Materials Collected under this Agreement to the Approved Reusable Materials Processing Facility. Contractor shall pay all costs associated with Transporting and Processing Bulky Items and Reusable Materials. Contractor shall observe and comply with all regulations in effect at the Approved Reusable Materials Processing Facility and cooperate with and take direction from the operator thereof with respect to delivery of Bulky Items and/or Reusable Materials July 12, 2022 Page 11 City of South Gate
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421 4.4 CITY SPONSORED EVENTS
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Contractor shall provide Recyclable Materia!s, Organic Materials, and Solid Waste services to City sponsored events, at no cost to the event or City. Special event services include all of the following unless specifically waived in writing by City Manager.
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A. Event Collection Stations. Contractor shall provide and set-up event Collection stations for Collection of Recyclable Materials, Organic Materials, and Solid Waste at City-sponsored events.
Each event Collection station shall include a separate Cart for each of Recyclable Materials, Organic Materials, and Solid Waste, as appropriate. Contractor shall provide a sufficient number of event Collection stations of sufficient capacity to meet the needs of the event as determined by Contractor in cooperation with the City and/or the event organizer. Collection stations shall utilize the same Carts used to provide services to Residential Customers, unless alternative Containers are approved by the City. Contractor shall provide liners/bags for the Carts at the Collection stations and shall line the Carts as a part of the station set-up. Collection stations shall include adequate signs and labeling.
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B. Roll-Off Boxes. Upon request, Contractor shall provide Containers for the aggregation of material removed from event Collection stations during the course of the event. Contractor shall provide Containers in sufficient number of appropriate type(s) for the needs of the event as determined by Contractor in cooperation with the City and/or the event organizer. Contractor shall service Containers, as agreed-upon with the City and/or the event organizer, and deliver Collected materials to the appropriate Approved Facility for Processing and/or Disposal. 441
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C. Public Education Booth. Upon request of either the City Manager or the event organizer, Contractor shall staff a booth or exhibit at the event for the purpose of educating the public about the services and programs provided by Contractor under this Agreement and the benefits of source reduction, reuse, Recycling, and Composting.
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D. Portable Restrooms. Contractor shall provide portable restrooms for all City-sponsored events.
The number and location of portable restrooms at each City-sponsored event shall be determined by the City.
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E. Reporting. Within fourteen (14) calendar days of the end of the event, Contractor shall submit a report to the City Manager and event organizer. The report should include, at a minimum: the number of event Collection stations deployed at the event, the Tonnage of each material type (i.e., Recyclable Materials, Organic Materials, and Solid Waste) Collected, and a description ofthe public education provided at the event.
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Contractor may, at its sole discretion and expense, coordinate with local youth, community, or charitable organizations to provide some or all of the required services. Regardless of Contractor's use of such an organization, Contractor shall be responsible for ensuring that service is provided to the Customer in a professional and timely manner.
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For special events which are not identified in Exhibit B5 or otherwise hosted or sponsored by the City, Contractor shall provide the above-described special event services at the request of the event organizer and may negotiate the charges for such services with the event organizer based on the specific needs of the event, or provide the services at their sole expense, at no cost to the City or ratepayers.
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461 4.5 PUBLIC EDUCATION AND OUTREACH
462 The public education and outreach activities included in the scope of services provided by Contractor 463 under this Agreement are described in Exhibit C. 464 A.
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Program Objectives. The City's public education and outreach strategy shall focus on improving Generator understanding of the benefits of and opportunities for source reduction, reuse, and landfill Disposal reduction and supporting compliance with Applicable Laws and regulations, including, but not limited to AB 939, AB 341, and SB 1383. Examples of goals of the City-provided public education and outreach program include, but are not limited to: (i) informing Generators about the services that are provided under this Agreement with specific focus on describing the methods and benefits of source reduction, reuse, Recycling, and Composting; (ii) instructing Generators on the proper method for placing materials in Containers for Collection and setting Containers out for Collection, with specific focus on minimizing contamination of Recyclable Materials and Organic Materials; (iii) clearly defining Excluded Waste and educating Generators about the hazards of such materials and their opportunities for proper handling; (iv) discouraging Generators from buying products if the product and its packaging are not readily reusable, Recyclable, or Compostable; (v) informing Generators subject to Food Recovery requirements under SB 1383 of their obligation to recover Edible Food and actions they can take to prevent the creation of Food Waste; (vi) encouraging the use of Compost and recovered Organic Waste products; and, (vii) encouraging Generators to purchase products/packaging made with Recycled content materials. The cumulative intended effect of these efforts is to reduce generation of Solid Waste and, ultimately, Disposal of Solid Waste by each Generator in the City, and Contractor agrees to support and not undermine or interfere with such efforts. 483 B. Contractor Public Education Requirements. Contractor agrees to print, produce, and distribute 484 education materials and conduct outreach detailed in Exhibit C at no additional cost to ratepayers 485 or City.
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Contractor shall obtain approval from the City Manager on all Contractor-provided advertising, promotional, or service-related materials used within the City before publication, distribution, and/or release. The City Manager, in their sole discretion, shall have the right to deny the use of any materials or content or may request that Contractor include City identification and contact information on materials and Contractor's approval of such requests shall not be unreasonably withheld.
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C. Non-English Language Requirements. The Contractor shall make all public education and outreach materials required by this Section available in English and Spanish. 494
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Upon City's request, Contractor shall provide materials in additional languages beyond those specified in this Section in response to shifting demographics within the City; updates to State requirements or Applicable Law; or any other reason deemed appropriate by the City 497 4.6 BILLING
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Contractor shall bill all Single-Family Residential Customers monthly in arrears. Contractor shall bill all Commercial and M ulti-Family Customers for scheduled and regularly recurring services on a monthly basis in advance of services provided. Contractor shall bill Customers for any on-call and/or non-recurring services no more frequently than monthly and may only bill for services provided during the previous month. Contractor shall remit invoices to Single-Family Residential Customers no earlier than the last day of the service period billed for. Contractor shall remit invoices to Commercial and Multi-Family Customers no earlier than the twentieth (20th) day of the month preceding the period for which service is being billed.
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Contractor shall develop, maintain, and regularly update a Customer Account Information Database, which shall include but is not limited to:
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i. Customer namea
ii. Phone number
iii. Service address;
iv. Email addressa and
v. Customer Service Levels, including:
a. Customer Service Levels exceptions, and,
b. Customer service waivers.
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Contractor shall make such database available, upon no more than five (5) Working Days request from the City Manager, in accordance with this Section and Section 6.1. Contractor shall additionally, on an annual basis, reconcile all Customer accounts with City's GIS information. Failure to maintain database in accordance with this Section shall result in Liquidated Damages as identified in Section 11.6. 524
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Contractor shall provide Customers the option to receive invoices electronically using paperless invoices, or by standard mail, using standard (paper) invoices. Contractor shall permit Customers the ability to pay their bills through an electronic check or credit card and include the ability for Customer billings to be automatically charged on a recurring basis. Contractorshall prepare, mail, and collect bills from Customers who decline to use such internet-based billing system. Contractor shall make arrangements to allow such Customers to pay bills by cash, check, electronic check, money order, and credit card. 530
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U p to once per quarter, City may direct Contractor to attach inserts to Customerinvoices. Contractor shall provide electronic bill inserts to Customers who are billed electronically, and paper bi!l inserts to Customers who receive paper bills. Electronic bill inserts/attachments must be readily available for the Customer to view upon receipt of the invoice (attachments shall not be provided as links). Upon City request for such attachments, Contractor shall comply with such request during its next billing cycle for the targeted Customer group. Contractor shall perform this service with no additional requirement for compensation.
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this Agreement, forinspection and verification by the City Manager at any reasonable time but in no case more than thirty (30) calendar days after receiving a request to do so. 540
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Contractor shall be responsible for collection of payment from Customers with past due accounts ("bad debt"). Contractor shall make reasonable efforts to obtain payment from delinquent accounts through issuance of late payment notices, telephone requests for payments, and assistance from collection agencies.
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Monthly Single-Family Residential Customer invoices shall be due thirty (30) calendar days from the last day of the billing period. Monthly Commercial and Multi-Family Customerinvoices shall be due thirty (30) calendar days from the first day of the billing period. In the event that any account becomes more than thirty (30) calendar days past due, Contractor shall notify such Customer of the delinquency via written correspondence, instructing the Customer that unpaid bills which become more than thirty (30) calendar days delinquent may be assessed a one- and one-half percent (1.5%) late fee per month. Contractor shall provide a second written notice of delinquency to any account which becomes more than forty five (45) calendar days past due, and a third written notice of delinquency to any account which becomes more than sixty (60) calendar days past due. Should any account become more than ninety (90) days calendar days past due, Contractor may discontinue providing service to the Customer. In the event the billing address and service address differ, notices shall be mailed to both addresses. No less than seven (7) calendar days prior to discontinuing service to a Customer, Contractor shall notify the City Manager of the address, Service Level, service frequency, and delinquent billing amount. Contractor may withhold service from a delinquent account until past delinquencies are paid in full. Upon restoring service to a previously delinquent account, Contractor may require a deposit from the Customer not to exceed one (1) month's billings at the Customer's Service Level.
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If Contractor fails to invoice a Customer, or otherwise under-charges a Customer for services provided for more than six (6) months, Contractor may not subsequently attempt to collect the under-charged amount for more than six months of service. If Contractor over-charges a Customer for a period of more than six (6) months, Contractor shall reimburse or credit the Customer for at least six months of the over-charged service but is not required by this Agreement to reimburse or credit the Customer for more than six (6) months of overcharges. This Agreement also does not prohibit Contractor from reimbursing or crediting a Customer for more than six (6) months of over-charges. 567
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If a Customer reduces or cancels service during a billing cycle, the Customer shall be entitled to a proration of the billing from the date that the service change was requested, in the case of cancellations or reductions in the Customer's bill, or the date the service change was fulfilled, in the case of increases in the Customer's bill.
571 4.7 CUSTOMER SERVICE PROGRAM
572 4.7.I Program Requirements
573 A. Customer Service Office
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Office hours shall be, at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, and Saturday from 7:00 A.M. to 12:00 P.M., exclusive of Holidays. A responsible and qualified representative of Contractor shall be available during office hours for communication with the public. Normal office hour telephone numbers shall be a toll-free call. Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days.
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598 B.
The City shall have the right to require Contractor to increase its call handling capacity without requirement for any additional compensation to the Contractor. Contractor shall also maintain a toll-free telephone number for use during other than normal business hours. Contractor shall have a representative, answering or message providing/receiving (voicemail) service available at said after-hours telephone number. After-hour calls shall be responded to on the next Business Day (excluding Saturday, Sunday and Holidays defined in Exhibit A.
Contractor will maintain an emergency telephone number for use outside normal office hours.
Contractor shall have a representative, or an answering service to contact such representative, available at said emergency telephone number during all hours other than normal office hours.
Contractor shall be able to respond to inquiries in English, Spanish, and other languages as directed by the City. Contractor must also provide a Telecommunications Device for the Deaf (TDD) service for use by persons with hearing or speech difficulties.
Contractor shall provide four (4) customer service representatives dedicated to the City at Contractor's facility located within the City of South Gate. These customer service representatives will be assisted by Contractor's customer service representatives located in other offices as needed.
Complaint Documentation
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Daily logs of Complaints shall be retained for a minimum of twenty-four (24) months and shall be available to City at all times upon request.
Contractor shall log all Complaints received by telephone, and or email, and said log shall include the date and time the Complaint was received, name, address and telephone number of callers, description of Complaint, employee recording Complaint and the action taken by Contractor to respond to and remedy Complaint. Missed pickups shall be included in this log.
All Customer Complaints and inquiries shall be date-stamped when received and shall be initially responded to within one (1) Business Day (excluding Saturday, Sunday and Holidays as defined in Exhibit A) of receipt. Contractor shall log action taken by Contractor to respond to and remedy the Complaint.
All Customer service records and logs kept by Contractor shall be available to City upon request andatnocosttoCity. Cityshall,atanytimeduringregularContractorbusinesshours,haveaccess to Contractor's City Liaison for purposes that may include monitoring the quality of Customer service or researching Customer Complaints.
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Disputes between Contractor and its Customers regarding the services provided in accordance with this Agreement may be resolved by the City, including Contractor reimbursement to Customers for damages to personal property. The City's decision shall be final and binding.
Contractor shall reimburse the City's legal and consultant costs for each City intervention in a dispute between Contractor and a Customer if the City reasonably deems intervention is required and the Customer's dispute is valid.
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Should Contractor and Customers not be able to establish a mutually acceptable fee to be charged for special hauling services, the matter shall also be determined by the City, and the City's decision shall be final.
Intervention by the City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this Section is intended to affect the remedies of third parties against Contractor. To the extent that remedies are warranted through this Agreement, this Section shall apply.
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B. Web Site and Email Access. Contractor shall develop and maintain a web site that is accessible by the public and solely dedicated to the operations under this Agreement in the City. Contractor's web site shall include all Rates allowed to be charged under the Agreement, all public education and outreach materials produced and distributed under this Agreement and provide the public the ability to e-mail Contractor questions, service requests, or Complaints. Contractor shall respond the same dayto all Customers who leave e-mail messages by 5:00 p.m. on a Working Day and shall respond by noon of the following Working Day for any e-mail messages left after 5:00 p.m. Contractor may respond to Customer e-mails either via e-mail or phone. 641 4.7.2 Missed Collections
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A. Missed Collection Complaints. When handling Customer Complaints related to missed or incomplete Collections, Contractor shall not question or contest the Customer"s claim that the Collection was missed or incomplete, even in cases where the route driver recorded the Container(s) in question as already "Collected" or "not out." 646
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B. Schedule for Resolution. Contractor shall resolve every Customer Complaint of a missed or incomplete Collection by returning to the Customer address and completing the Collection. For all Complaints related to missed Collections that are received by 3:00 p.m. on a Working Day, the Contractor shall return to the Customer address and Collect the missed materials on the same Working Day on which the missed Collection was reported. For those Complaints related to missed Collections that are received after 3:00 p.m. on a Working Day, the Contractor shall have until the end of the following Working Day to resolve the Complaint. Contractor's failure to comply with this Section 4.7.3 may result in Liquidated Damages, in accordance with Section 11.6. 654
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Contractor shall not be required to return and complete a Collection in response to a Complaint if the Contractor's driver has left a Non-Collection Notice in accordance with Section 4.10. 656
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C. CourtesyCollectionsforAdmittedLateSet-Outs.lntheeventthataCustomer:(i)reportsthattheir Container(s) were placed for Collection after Contractor's Collection vehicle had already passed the Premises for regularly scheduled Collection; (ii) does not claim that Contractor missed the Collection; and, (iii) requests that the Contractor return and Collect their Containers, Contractor shall return to the Customer Premises and provide a courtesy Collection at no charge to the Customer. Contractor is not required to provide more than three (3) courtesy Collections for admitted late set-outs per Customer per calendar year. For Residential Customers, one (1) courtesy Collection represents Collection of up to three (3) Carts (Recyclable Materials, Organic Materials, Solid Waste) per incident. Contractor shall complete the courtesy Collection by the end of the following Working Day. The provisions of this Section shall only apply if the Customer acknowledges, and Contractor documents in writing, that the event did not constitute a missed or incomplete Collection event by the Contractor.
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668 4.7.3 SB 1383 Non-Compliance Complaints
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For Complaints received in which the Person alleges that an entity is in violation of SB 1383 requirements, Contractor shall document the information listed in Exhibit F. Contractor shall provide this information in a brief Complaint report to the City for each SB 1383-noncompliance Complaint within seven (7) days of receipt of such Complaint, and a monthly summary report of SB 1383-non-compliance Complaints in accordance with Exhibit F.
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Upon City request, Contractor shall conduct follow-up inspections and/or outreach to the violating entity, and shall document the information in the reports provided pursuant to Exhibit F. 676 4.8 ACCESS TO CUSTOMER SERVICE AND BILLING SYSTEMS 677
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Upon request of City, Contractor shall provide access and any necessary training to one (1) or more City employee(s) (as designated by the City) regarding the use of Contractorinformation systems as described in this Section. Contractor shall designate one (1) member of Contractor staff to work directly with such City employee. Contractor shall provide such City employee with access to Customer service, call center, and operations information systems in order to validate Contractor performance standards and recommend changes to Customer Service Levels to resolve service issues or otherwise address Customer needs. If recommended Service Level changes are made, the designated City staff will work with Contractor's route manager to make such changes, which shall not be denied by Contractor except for reasons related to Customer, route driver, and/or equipment safety. Contractor shall also provide access to Customer contact information (including email addresses) for purposes of City-provided public education and outreach activities. In addition, Contractor shall ensure that the City Manager and any other City staff, as requested by the City, have read-only access to all service order, billing, and Customer service records in Contractor's internal information systems. Such read-only access is intended to provide the City the ability to review notes related to Customer service and/or billing issues. 691 4.9 SERVICE EXEMPTIONS
692 4.9.1 General Exemptions
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Upon Customer request, and with written approval from the City Manager, Contractor shall cease providing, and collecting payment for, Collection services to a Premises which is anticipated to be vacant for no less than thirty (30) days. In addition, upon written direction from the City Manager, Contractor shall modify or otherwise cease providing Collection services to Customers requesting other service exemptions, provided that such Customers consistently demonstrate the ability to responsibly manage Discarded Materials generated at the Premises in question, in a manner consistent with Applicable Law. 699 4.9.2 Commercial and Multi-Family Customer Waivers 700
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A. General. The City may grant waivers described in this Section to Commercial or Multi-Family Generators that impact the scope of Contractor's provision of service for those Customers; provided, the Generator shall continue to subscribe with Contractor for franchised Collection services to the extent such services are not waived by the City. Waivers issued shall be subject to compliance with SB 1383 requirements, pursuant to 14 CCR Section 18984.11, or other requirements specified by the City.
706 B. Types of Generator Waivers
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1. De Minimis Waivers. The City may waive a Commercial business' or Multi-Family property"s obligation to comply with some or all of the Recyclable Materials and Organic Materials requirements set forth in this Agreement, SB 1383, and ofthe Municipal Code ifthe Generator provides documentation or the City has evidence demonstrating one of the following de minimis conditions:
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a. The Commercial or Multi-Family Generator's total Discarded Materials Collection service is two (2) cubic yards or more per week, and Organic Waste subject to Collection in a Recyclable Materials Container or Organic Materials Container comprises less than twenty (20) gallons per week, per applicable Container, of the Commercial business' total waste; or,
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b. The Commercial or Multi-Family Generator's total Discarded Materials Collection service is less than two (2) cubic yards per week, and Organic Waste subject to Collection in a Recyclable Materials Container or Organic Materials Container comprises less than ten (10) gallons per week, per applicable Container, of the Commercial business" total waste.
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2. Physical Space Waivers. The City may waive a Commercial or Multi-Family Generator's obligation to comply with some or all of the Recyclable Materials and Organic Materials requirements set forth in this Agreement, SB 1383, and the Municipal Code if the Commercial or Multi-Family Generator provides documentation, or the City has evidence from its staff, the Contractor licensed architect, engineer, or similarly qualified source demonstrating that the Premises lacks adequate space for Recyclable Materials Containers and/or Organic Materials Containers.
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C. Contractor Review of Waiver Requests. Generators may submit requests for de minimis waivers and physical space waivers to the City or Contractor. The City shall notify Contractor of the request, and Contractor shall within seven (7) days of receipt of the City's request, inspect the Generator's Premises to verify the accuracy of the application. Contractor shall provide documentation of the inspection, including the date of the inspection, Customer name and address, a description of the Premises, evaluation of each criterion of the relevant waiver type, and photographic evidence. The Contractor shall send this information and documentation to the City in a timely manner, not to exceed three (3) days after the date of inspection. The City ultimately retains the right to approve or deny any application, regardless of the information provided by the Contractor. Contractor shall report information regarding waivers reviewed within the month, if any, in accordance with this Section and Section 11.6.
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D. Service Level Updates. When the City grants a waiver to a Customer, or the Customer's waiver status changes aftera re-verification determination, the Cityshall notifythe Contractorwithin seven (7) days of the waiver approval or status change with information on the Customer and any changes to Service Level or Collection service requirements for the Customer. Contractor shall have seven (7) days to modify the Customer's Service Level, Customer account data, and billin@ statement, as needed.
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E. Waiver Re-verification. The City shall be responsible for re-verification of waivers. Upon request of the City, the Contractor shall support the City in this re-verification process by providing requested Customer information as per Customer database requirements in Section 4.6 In the event that a July 12, 2022 Page 19 City of South Gate
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waiver status changes, Contractor shall update the Customer's information and Service Level in accordance with subsection 4.9.2.D above.
751 4.9.3 Contractor Seivice Exemptions
752 A. Disaster Waivers. In the event of a disaster, the City may grant Contractor a waiver of some or all 753 Discarded Materials Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 754 12, Article 3 in the disaster-affected areas for the duration of the waiver, provided that such waiver 755 has been approved by CalRecycle. Any resulting changes in Collection requirements shall be 756 addressed as a change in scope in accordance with Section 3.5. 757
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B. Quarantined Waste. If approved by the City, the Contractor may Dispose of, rather than Process, specific types of Organic Materials and/or Recyclable Materials that are subject to quarantine and meet the requirements described in 14 CCR Section 18984.13(d) for a period of time specified by the City or until the City provides notice that the quarantine has been removed and directs Contractor to Transport the materials to the Approved Facilities for such material. 762
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In accordance with Exhibit F the Contractor shall maintain records and submit reports regarding compliance agreements for quarantined Organic Materials and Recyclable Materials that are Disposed of pursuant to this subsection.
765 4.10 CONTAMINATIONMONITORING
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It is the City's intention that Residential, Multi-Family and Commercial Customers are to be provided a transition period prior to being issued Courtesy Pickup Notices, Non-Collection Notices or assessed Contamination Processing Fees.
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Residential and Multi-Family Customers' transition period shall be the twelve-month period beginning January 1, 2023 and ending December31, 2023.
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Commercial Customers" initial transition period shall be the six-month period beginning January 2, 2023 and endingJune 30, 2023, with the City"s sole option of extending the initial transition period for an additional six months ending December 31, 2023.
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During the transition periods Contractor shall monitor contamination and provide public education and outreach and technical assistance to encourage proper separation of materials. 776
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Contractor shall be required to comply with subsections A and F of Section 4.10.1 during the Customer transition periods.
778 4.10.1 Annual Route Reviews
779 A. Methodology. The Contractor shall, at its sole expense, conduct route reviews of Containers for 780 Prohibited Container Contaminants in a manner that meets the requirements of this Section; is 781 approved by the City; and results in all routes being reviewed at least annually. 782
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The Contractor's route review shall include all Container types in service (Recyclable Materials, Organic Materials, and Solid Waste Containers) for all Customer Types. The Containers shall be randomly selected prior to beginning the route review.
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Contractor shall ensure that a minimum of 1 percent (1%) of accounts or 25 accounts, whichever is larger, on each and every hauler route are inspected annually. 787
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Contractor shall develop a specific route review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section 18984.5(b). Contractor shall submit its proposed route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each route's annual review. Contractor's proposed route review methodology shall include not only its plan for Container inspections but shall also include its plan for prioritizing the inspection of Customers that are more likely to be out of compliance. The City and/or CalRecycle will review and approve the proposed methodology. Contractor may commence with the proposed methodology upon approval. 796
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If the City and/or CalRecycle notifies the Contractor that the methodology is inadequate to meet the requirements of 14 CCR Section 18984.5(b), Contractor shall, at its sole expense, revise the methodology and, after obtaining City or CalRecycle approval, conduct additional route reviews, increased Container inspections, or implement other changes using the revised procedure. If the Contractor's proposed methodology meets the requirements of 14 CCR Section 18984.5(b), but has been deemed inadequate by the City, the Contractor shall, at the expense of the City, revise the methodology and implement the necessary changes using the revised procedure. 803
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The City Manager, or his or her designee, may request, and Contractor shall accept, modifications to the schedule to permit observation of the route reviews by the City. In addition, Contractor shall provide an email notice to the City Manager no less than ten (10) Working Days prior to each scheduled Route review that includes the specific time(s), which shall be within the City's normal business hours, and location(s).
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B. Contamination Notification. Upon identification of Prohibited Container Contaminants in a Customer's Container, Contractor shall provide the Customer with a notice of contamination in the form of either a Courtesy Pick-Up Notice or a Non-Collection Notice as determined by the route auditor.
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C. Courtesy Pick-Up Notice. Upon identification of Prohibited Container Contaminants in a Customer's Container, Contractor shall provide the Customer a Courtesy Pick-Up Notice at the Customers door or gate; or, subject to City's approval, may deliver the notice by mail, e-mail, or text message. Contractor shall also attach or adhere Courtesy Pick-Up Notice to Generators contaminated Containers.
817 The courtesy pick-up notification shall, at a minimum:
818 1. Inform the Customer of the observed presence of Prohibited Container Contaminants; 819 2. Include the date and time the Prohibited Container Contaminants were observed; 820
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3. Include information on the Customer's requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in each Container
823 4. Inform the Customer of the courtesy pick-up of the contaminated materials on this July 12, 2022 Page 21 City of South Gate
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occasion with information that the Contractor may assess contamination Processing fees and/or issue a Non-Collection Notice in the future; and, 826 5. Include photographic evidence.
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The format of the Courtesy Pick-Up Notice shall be approved by the City Manager and must be a distinct color from the Non-Collection Notices.
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Contractor shall Collect the contaminated Recyclable Materials and/or Organic Materials Containers and either Transport the material to the appropriate Approved Facility for Processing; or, Contractor may Collect the contaminated materials with the Solid Waste and Transport the contaminated materials to the Approved Disposal Facility. A Courtesy Collection of contaminated Recyclable Materials or Organic Materials where the materials are sent to the Approved Disposal Facility may be made with a Solid Waste Collection vehicle, provided that the contaminants may safely and lawfully be Collected as Solid Waste.
836 D. Non-Collection Notices
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1. Non-CollectionNotice.IftheContractorobservestwentypercent(20%)ormoreProhibited Container Contaminants or Excluded Waste, Contractor shall provide a Non-Collection Notice to the Generator.
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The Non-Collection Notice shall, at a minimum:
a. Inform the Customer of the reason(s) for non-Collection; b. Include the date and time the notice was left or issued; c. Describe the premium charge to Customer for Contractor to return and Collect the Container after Customer removes the Contamination; d. Provide a warning statement that a contamination Processing fee may be assessed; and,
e. lncludephotographicevidenceoftheviolation(s).
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2. CommunicationswithCustomer.WheneveraContaineratthePremisesofaCommercialor a Multi-Family Customer is not Collected, Contractor shall contact the Customer on the scheduled Collection day or within two (2) hours of the scheduled Collection day by telephone, email, text message, or other verbal or electronic message to explain why the Container was not Collected. Contractor shall include a telephone number in all communication to Customers in order to allow direct communication with a customer service representative or to leave voice messages during non-business hours. Whenever a Container is not Collected because of Prohibited Container Contaminants, a Customer service representative shall contact the Customer to discuss and encourage the Customer to adopt proper Discarded Materials preparation and separation procedures. 858
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3. Contractor Return for Collection. Upon request from Customer, Contractor shall Collect Containers that received Non-Collection Notices within one (1) Working Day of Customer's July 12, 2022 Page 22 City of South Gate
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request if the request is made at least two (2) Working Days prior to the regularly scheduled Collection Day. Contractor shall bill Customer for the extra Collection service event ("extra pick-up") at the applicable City-approved Rates only if Contractor notifies Customer of the premium Rate for this service at the time the request is made by Customer. 864
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E. Assessment of Contamination Processing Fees. If the Contractor observes twenty percent (20%) or more Prohibited Container Contaminants and has issued a Courtesy Pick-Up Notice or Non- Collection notice, as appropriate, the Contractor may impose a contamination Fee approved by the City for that Customer's Service Level. The intent of Contamination Fees is to provide a behavioral tool to educate and prevent Customers from placing Source Separated Discarded Material into the improper designated Container(s). To ensure that assessment of fees are to be used for the intended purposes and not as a form of revenue generation, Contractor agrees that Contamination fees shall not exceed one percent (1%) of Contractor's Gross Receipts in any calendar quarter. In the event that Contamination fees exceed one percent (1%) of Contractor's Gross Receipts in any calendar quarter, the assessment of Contamination fees shall be suspended immediately and indefinitely pending a program assessment by the City and Contractor. Upon program suspension or at the request of the City at any time during the Term of the Agreement, City and Contractor shall meet and confer regarding the application and effectiveness of Contamination fees in accomplishing the behavior change. If the program is suspended due to excessive revenue generation, the City may require Contractor to either: i) modify the program parameters; ii) modify the amount of the Contamination fee; or, iii) return to the City any funds generated by the Contamination fee which exceed one percent (1%) of Contractor's Gross Receipts for a given period of time. In addition, where there are two (2) or more documented instances of Prohibited Container Contaminants in a Customer's Container within a ninety (90) day period, Contractor may, upon City Manager's or his or her designee"s approval, modify service requirements through additional Containers, increased frequency of Collection, use of locking Containers, or other appropriate means.
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Failure to comply with the requirements of this Section shall equate to Liquated Damages in accordance with Section 11.6.
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Contractor shall leave a contamination Processing fee notice attached to the Generators" contaminated Container(s). Contractor must also deliver notice by mail to the bill-payer's address within twenty-four (24) hours of assessing the contamination fee. 891
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1. Contamination Processing Fee Notice. Contamination Processing Fee Notices shall be in a format approved by the City Manager. Contractor shall notify the City in its monthly report of Customers for which contamination Processing fees were assessed per Section 4.10.1(F). 894
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899 F.
Each Contamination Processing Fee Notice shall, at a minimum:
i. Describe the specific material(s) of issue;
ii. Explain how to correct future set outs; and,
Indicate that the Customer will be charged a contamination Processing fee on their next bill.
Reporting Requirements.
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1. Container Contaminant Log: The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including, but not limited to: date, time, Customer's address, type of Container, and maintain photographic evidence. 904
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2. Contaminant Fees Assessment Report: Additionally, on no less than a weekly basis, Contractor's Contract Administrator shall update the Customer's account records to note the contaminant event(s) as identified by driver(s). Contractor shall maintain records and report to the City monthly on contamination monitoring activities and actions taken, consistent with the submittal timing and content requirements of Exhibit F. Failure to meet the requirements of this Section 4.10.1(F)(2), shall equate to Liquidated Damages as identified in Section 11.6.
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gig
3. Monthly Report: The monthly report shall include, but is not limited to: list of Customers that were assessed charges; photographic evidence of each contamination event(s) where a fee(s) was assessed; verification processes to assure accurate fee assessment; date of notification, form(s) of notification given to Customer; list of efforts made in educating the Customer that was assessed a fee; list of Customer Complaints in response to fee assessment; Contractor's response and actions taken in response to Customer Complaints; and, the dollar amount of Contamination Fees assessed during the reporting period. Failure to meet the requirements of this Section 4.10.1(F)(3i shall equate to Liquidated Damages as identified in Section 11.6.
920 4.10.2 Waste Characterization Studies
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Recyclable Materials. Contractor shall, at its sole expense, design and perform a Residue characterization of the Recyclable Materials Processed at the Approved Recyclable Materials Processing Facility a minimum of one (1) time per calendar per year. Contractor shall propose a study methodology that must include separately Processing at least thirty (30) Tons of Recyclable Materials, stratified across no fewer than three (3) distinct days of service, from the City at the Approved Recyclable Materials Processing Facility under normal operating conditions for the facility (i.e., staffing levels, belt speed, burden depth, etc.). The methodology must be approved by the City Managerin writing prior to Contractor conducting such a study. 929
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Organic Materials. Contractor shall, at its sole expense, design and perform waste characterization studies for Prohibited Container Contaminants for Organic Materials Collected in the City. The Contractor shall conduct waste composition studies at least two (2) times per year and the studies shall occur in two (2) distinct seasons of the year. The Contractor shall submit a proposed methodology to the City for review and approval, and the methodology must include the requirements presented below.
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The study shall include samples of Organic Materials and Solid Waste taken from Containers located in different areas of the City that are representative of the City's waste stream. Contractor shall ensure that a minimum of 1 percent (1%) of accounts or 25 accounts, whicheveris larger, on each and every hauler route are inspected.
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The Contractor shall Transport all of the material Collected for sampling to a sorting area at an Approved Facility, where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in July 12, 2022 Page 24 City of South Gate
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each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the Contractor shall use the following protocol:
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1. The Contractor shall take one sample of at least a two hundred (200) pounds from the material Collected from each material stream for sampling. For example, Contractor shall take a two hundred (200) pound sample taken from the combined contents of the Organic Materials Container samples.
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2. The two hundred (200) pound sample shall be randomly selected from different areas of the pile of Collected material for that material stream. 950
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3. For each two hundred (200) pound sample, the Contractor shall remove any Prohibited Container Contaminants and determine the weight of Prohibited Container Contaminants. 952
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4. The Contractor shall determine the ratio of Prohibited Container Contaminants in the sample by dividing the total weight of Prohibited Container Contaminants by the total weight of the sample.
955 5. All weights shall be recorded in pounds.
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C. Scheduling and Observation of Studies. Contractor shall, no later than January 15 of each calendar year, provide the City with a proposed methodology for each type of study and a schedule of studies for the calendar year for review and approval by the City. The City shall be notified at least thirty (30) days in advance of each study and the City, or the City's designated third party, maintains the right to observe all aspects of the study. The studies shall be scheduled within the City's normal business hours, and the City Manager may request, and Contractor shall accept, modifications to the schedule to permit observation by the City. 963
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D. Recordkeeping and Reporting. Contractor shall maintain records of each study conducted and report results directly to the City within fourteen (14) days of completing the study as well as include the results in the Contractor's annual report, in accordance with Exhibit F. 966
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E. General. Pursuant to the requirements of SB 1383, 14 CCR, Division 7, Chapter 12, Article 10, the City is responsible for developing and implementing a Food Recovery program in the City. The Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or operation of Food Recovery program efforts in the City. 970
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F. Identification of Commercial Edible Food Generators. Contractor shall assist the City with identifying Tier One and Tier Two Commercial Edible Food Generators for the purpose of the Food Recovery program. No later than six (6) months after the Effective Date of the Agreement, and annually thereafter, the Contractor shall identify and provide a list to the City of Commercial Customers that qualify, or appear to qualify, as Tier One or Tier Two Commercial Edible Food Generators, as defined by this Agreement. The list shall include, at a minimum: the Customer name; service address; contact information; Tier One or Tier Two classification; and, type of business as it relates to the categories of entities specified under the definitions of Tier One and Tier Two Commercial Edible Food Generators. The Contractor shall update this information annually; maintain an up-to-date database; and include this information in the Contractor's annual report, in accordance with Exhibit F.
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981 4.11 ROUTE AUDIT
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Once during the first year and thereafter at City's request (but not more than once every three years), Contractor shall conduct an audit of its Collection routes in the City. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service withCustomers. Insettingtheseauditdates,CitywillestablishduedatesforContractorprovidingrouting and account information, and later, the report, to City. 990
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The route audit, at minimum, shall consist of an independent physical observation by Person(s) other than the route driver of each Customer in City. This Person(s) is to be approved in advance by City. The route audit information shall include, as a minimum, the following information for each account:
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For Cart Customers:
Route Number
Truck Number
996 Number and size of Carts by waste stream (Refuse, Recyclab!e Materials, and Organic Waste) 997
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1000
1001
1002
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1004
Cart condition;
For Bin and Roll-off Customers:
Route Number;
Truck Number
Account Name;
Account Number
Account Service Address;
Account Type (Residential, Commercial, Roll-off);
1005 Service level per Contractor Billing system (Quantity, Size, Frequency, Waste Stream); 1006
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Observed Containers (Quantity, Size, Frequency, Waste Stream).
Container condition;
Proper signage; and,
Graffiti.
l010 Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report July 12, 2022 Page 26 City of South Gate
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1011 summarizing the results of the audit. This summary shall include:
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Identification of the routes;
Route map;
Truck numbers;
Number of accounts, by route and in total (Residential, Commercial and Roll-off); Confirmation that all routes are dedicated exclusively to City Customers; Number and type of exceptions observed;
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Name and addresses of Customers that do not have Source Separated Recyclable Materials Collection services and documentation of waivers if any for each account; 1020
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Name and addresses of Customers that do not have SSGCWO Collection services and documentation of waivers if any for each account;
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Total monthly service charge (Residential, Commercial and Roll-off Box), pre-audit for each Customer; and,
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Total monthly service charge (Residential, Commercial and Roll-off), post-audit (subsequent to corrections of identified exceptions) for each Customer. 1026
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The report shall include a description of the procedures followed to complete the route audit. This description shall include the names and titles of those supervising the route audits and the name and titles of those performing the observations.
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The report shall also include a description of the changes and Contractor's plans to resolve the exceptions.
The results of the audit, and supporting back-up data, shall be available for review by City or its representative.
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1034 5.I GENERAL
ARTICLE 5.
ST ANDARD OF PERFORMANCE
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Contractor shall at all times comply with Applicable Law and provide services in a manner that is safe to the public and the Contractor's employees. Except to the extent that a higher performance standard is specified in this Agreement, Contractor shall perform services in accordance with Recyclable Materials, Organic Materials, and Solid Waste management practices common to the Los Angeles area. 1039 5.2 0PERATING HOURS AND SCHEDULES
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A. Hours of Collection. Unless otherwise authorized by the City Manager, Contractor's days and hours for Collection operations shall be as follows:
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1. Residential and Commercial Premises. Collection from Residential and Commercial Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday.
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2. City Facilities. The Collection schedule for City facilities shall be the same as Commercial Premises specified in subsection 5.2.A.2 above.
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B. Changes in Collection Routes. Prior to Commencement of this Agreement, Contractor shall provide the City with route maps identifying at a minimum: the type of route (e.g., Single-Family, Multi-Family, Commercial, etc.) and the service day. City shall either approve or deny proposed standard Collection routes. If City denies any standard Collection routes, Contractor may request a meet and confer with the City Manager to discuss potential options. The City Managers decision shall be final with respect to any routing changes that may impact the day of service of any Customer. Contractor may, at any time during the Term of this Agreement, propose changes or additional routes, subject to City approval. If a standard Collection route change is approved, Contractor must notify all affected Customers fourteen (14) days prior to Contractor implementing the new route. Failure to obtain City approval on route changes resulting in service day changes for Customers shall be subject to Liquidated damages as identified in Section 11.6. 1058
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C. Holiday Collection. Contractor, at its sole discretion, may choose not to provide Collection services on a Holiday. In such event, Contractor shall provide Single-Family Collection services on the day following the Holiday thereby adjusting subsequent work that week with normally scheduled Friday Collection Services being performed on Saturday; however, Customer service days shall be returned to the normal schedule within one (1) week of the Holiday. Multi-Family, Commercial, and City Collection Services shall be adjusted as agreed between the Contractor and the Customer but must meet the minimum frequency requirement of one (1) time per week. The Contractor shall provide Customers notice of Holiday-related changes in Collection schedules at least two (2) weeks prior to the change.
1067 5.3 COLLECTION STANDARDS
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A. Servicing Containers. Contractor shall Collect and return each Container to the location where the Occupant placed the Container for Collection. Contractor shall place the Containers upright with lids properly secured. For Customers other than Single-Family Residential Customers, Contractor may provide scout service, pull-out service, accessing Container enclosures with a key or access code, or locking bin service as described in Exhibit B3.. 1073
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B. Non-Collection, Courtesy Noticing. Prior to the Commencement Date, Contractor shall develop, and submit to the City Manager for review and approval, and as per the requirements of Section
4.10.1(D)
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1. A template Non-Collection Notice, for use in instances of acceptable non-Collection of Discarded Materials; and,
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2. A template Courtesy Pick-Up Notice, for use in instances of improper set-out of Discarded Materials, which the Contractor, at its sole option, elects to Collect as a courtesy to the Customer.
1081 Per the requirements identified in Section 4.10.1, in the event that Contractor encounters July 12, 2022 Page 28 City of South Gate
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circumstances at a Customer Premises which prevents the Contractor from Collecting Discarded Materials which have been placed for Collection, Contractor shall leave a Non-Collection Notice at the Customer Premises clearly explaining Contractor"s reason for refusal to Collect the Discarded Materials. Contractor shall not be required to Collect Discarded Materials which are reasonably believed to contain Excluded Waste, pursuant to the requirements of Section s.s.
Contractor may propose an alternative to a paper Non-Collection Notice left at Customer Premises (e.g., Customer notification via a phone call or e-mail) subject to City approval. Such an alternative must involve pro-active communication with Customer, initiated by Contractor. 1090
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In the event that Contractor encounters circumstances at a Customer Premises which allow for safe Collection of Discarded Materials, but do not otherwise reflect proper set-out procedures (including, but not limited to spills not caused by the Contractor, Carts placed too close together, Carts placed in front of one another, and/or Carts placed too close to parked cars), Contractor shall Collect the material and leave a Courtesy Pick-Up Notice at the Customer Premises clearly explaining how the Customer failed to comply with proper set-out procedures. 1096
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Contractor may educate the public on proper set-out procedures designed to maximize the efficiency of Collection (e.g., Carts spaced three (3) feet apart). Howeve5 Contractor acknowledges that such procedures are not practical in all circumstances and failure of the Customer to follow such procedures does not constitute a reason for non-Collection if the Discarded Materials may be safely and reasonably serviced. Contractor's route drivers shall dismount their Collection vehicles and reposition Containers as necessary to provide Collection service. Contractor may not require a Customer to set out the Customer's Containers in such a manner that would block vehicle access to Customer's driveway. Contractor and Customers may mutually agree to uncommon service locations if necessary for Collection in specific areas (e.g., setting out all of the Carts in a courtin a line down the middle of the court as opposed to Curbside.) 1106
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Contractor may refuse to Collect Recyclable Materials or Organic Materials Containers which are contaminated in accordance with Exhibit B and Section 4.10 and shall leave an approved Non- Collection notice informing Customer how to properly separate materials. 1109
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C. Litter Abatement. Contractor shall use due care to prevent spills or leaks of material placed for Collection, fuel, and other vehicle fluids while providing services under this Agreement. If any materials are spilled or leaked during Collection and Transportation, the Contractor shall clean up all spills or leaks before leaving the site of the spill. 1113
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Contractor shall not Transfer loads from one vehicle to another on any Public Street, unless it is necessary to do so because of mechanical failure, combustion of material in the truck, or accidental damage to a vehicle.
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Contractor shall cover all open Roll-Off Boxes at the pickup location before Transporting materials to the Approved Facility.
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Contractor shall conduct public outreach and staff training to Customers on best management practices for litter abatement at no extra charge. Such best management practices include, without limitation:
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1. Closing Container lids and right sizing service: Contractor staff will tag overfull Containers with Courtesy Pick-Up Notices, which will serve as outreach and education to the Customer.
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Photos of the Container will be taken by drivers, attached to the Customer"s account, and will be available to outreach and Customer service staff in order to demonstrate to the Customer where a problem exists.
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2. Outreach to Customer on importance of bagging lightweight materials such as plastic bags, film plastics, foam peanuts, and other materials that can easily become litter due to their lightweight nature.
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3. Driver training on litter reduction techniques and litter removal best management practices.
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4. Affixing signage to the back of Contractor trucks which provides a phone number for residents to report material spills.
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D. Development and Review of Collection Specifications. Contractor shall work with the City to develop standard specifications for Collection Container enclosures at Commercial and Multi- Family Premises. These specifications shall be developed to ensure that the Collection Container enclosures are built to provide adequate space for and suitable configuration to allow the Contractor to safely and efficiently service Recyclable Materials, Organic Materials, Solid Waste, and/or Mixed Waste Containers. Contractor's Operations Manager or other appropriately qualified staff shall, upon request by the City Manager, provide a review of plans for new Multi- Family and Commercial development or project design drawings. Contractor shall provide comments and recommendations resulting from the review in writing within ten (10) Working Days of receipt of the documents for review. In each review report, Contractor shall comment on the acceptability of the proposed enclosure arrangements in terms of: i) the adequacy of space for Recyclable Materials, Organic Materials, Solid Waste, and/or Mixed Waste Containers; ii) the accessibility of the Containers for Collection including whether additional charges (e.g., pull-out or scout service, etc.) would apply; and iii) ease of use by tenants. 1147
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E. No Commingling of Materials. Contractor shall Collect materials generated in the City in Collection vehicles separately from other materials generated outside the City service area, unless otherwise approved by the City Manager. Contractor shall not commingle materials which have been Source Separated with other material types (for example, Source Separated Recyclable Materials which have been properly placed for Collection shall not be combined with Solid Waste or Source Separated Organic Materials).
1153 5.4 TRANSFER AND PROCESSING STANDARDS
1154 5.4.I Equipment and Supplies
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Contractor shall equip and operate the Approved Processing Facilities in a manner to fulfill Contractor's obligations under this Agreement. Contractor is solely responsible for the adequacy, safety, and suitability of the Approved Processing Facilities. Contractor shall modify, enhance, and/or improve the Approved Processing Facilities as needed to fulfill Services under this Agreement. 1159
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Contractor shall provide all rolling stock, stationary equipment, material storage containers, spare parts, maintenance supplies, Transfer, Transport, and Processing equipment, and other consumables as appropriate and necessary to operate the Approved Processing Facilities and provide all services required by this Agreement. Contractor shall place the equipment in the charge of competent operators.
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1163 Contractor shall repair and maintain all equipment at its own cost and expense. 1164 5.4.2 Scales and Weighing
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Contractor is solely responsible for ensuring accurate weighing of all materials entering and leaving the Approved Processing Facilities.
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A. Facility Scales. Contractor shall maintain State-certified motor vehicle scales in accordance with Applicable Law. All scales shall be linked to a centralized computer recording system at the Approved Processing Facilities to record weights for all incoming and outgoing materials. Contractor shall provide back-up Benerator(s) capable of supplying power to the scales in the event of a power outage. Contractor shall promptly arrange for use of substitute portable scales should its usual scales not be available for whatever reason. Pending substitution of portable scales, Contractor shall as necessary estimate the Tonnages of materials delivered to and Transported from the Approved Processing Facilities, on the basis of delivery vehicle and Transfer trailer volumes, tare weights, and/or other available facility weight records. These estimates shall take the place of actual weights while scales are inoperable and shall be identified as estimates in electronic records and reporting. 1177
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B. Tare Weights. No less than thirty (30) calendar days prior to the Commencement Date, Contractor shall ensure that all vehicles used by Contractor to deliver Recyclable Materials, Organic Materials, Solid Waste, and Mixed Waste to the Approved Processing Facilities are weighed to determine umoaded ("tare") weights. Contractor shall electronically record the tare weight, identify vehicle as Contractor owned, and provide a distinct vehicle identification number for each vehicle. Contractor shall provide City with a report listing the vehicle tare weight information upon request. Contractor shall promptly weigh additional or replacement vehicles prior to placing them into service.
Contractor shall check tare weights at least annually, or within fourteen (14) calendar days of a City request and shall re-tare vehicles immediately after any major maintenance or service event. 1186
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C. Testing. Contractor shall test and calibrate all scales in accordance with Applicable Law, but at least one (1) test and recalibration per scale every twelve (12) months or upon City request. 1188
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D. Records. Contractor shall maintain computerized scale records and reports that provide information including date of receipt, inbound time, inbound and outbound weights of vehicles, and vehicle identification number. Contractor shall also maintain computerized scale records and reports providing historical vehicle tare weights for each vehicle and the date and location for each tare weight recorded.
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E. Upon-Request Reporting. If vehicle receiving and unloading operations are recorded on video cameras at the Approved Processing Facilities, Contractor shall make those videos available for City review during the Approved Processing Facility's operating hours, upon request of the City, and shall provide the name of the driver of any particular load if available. 1197 5.5 COLLECTION VEHICLE REQUIREMENTS
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A. Vehicle Requirements. Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. Contractor shall have available sufficient back-up vehicles for each type of Collection vehicle used to respond to scheduled and unscheduled maintenance, service requests, Complaints, 3nd emergencies.
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1. Vehicles shall be new and model year 2021 orlater by January 1, 2024 under this Agreement.
Furthermore, Contractor shall operate no vehicles within the City over 14-years in age during the Term of this Agreement should this Agreement be extended beyond the initial Term and extended as described in Sections 2.1 and 2.1.1. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or overflow. All such vehicles shall meet 2022 0n-Road Heavy Duty Vehicle emissions requirements, regardless of the actual model year of Contractor's vehicles, and generally comply with all Federal, State, and local laws and regulations. Contractor's vehicles shall utilize Recycled motor oil to the extent practicable. 1211
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2. All Collection vehicles, excluding spares, scout vehicles, supervisor vehicles, Container delivery and other specialty vehicles used on a sporadic basis, used by Contractor under this Agreement shall be powered by renewable natural gas (RNG), or alternatively Contractor may utilize electric vehicles (EV).Contractor shall maintain records of the amount of RNG purchased and shall report this information in accordance with Exhibit F. Contractor shall agree to the City the right to report this RNG usage toward the City"s fulfilment of its annual recovered Organic Waste product procurement target in accordance with 14 CCR Section 18993.1.
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3. CollectionvehiclesshallhavethecapacitytoCollectandTransportlooseCardboardoverages, to ensure that Contractor is capable of complying with Exhibit B. 1221
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4. Collection vehicles shall present a clean appearance while providing service under this Agreement.
1223 B. VehicleDisplay.Contractor'snameandlocaltelephonenumbershallbedisplayedonallvehiclesin 1224 at least four (4) inch characters. Vehicles shall be equipped with sign board holders or other 1225 hardware to allow public education signage of no less than thirty-six (36) by forty-eight (48) inches 1226 to be displayed on both sides of the vehicle. 1227 C. Vehicle Inspection. Contractor shall inspect each vehicle daily to ensure that all equipment is 1228
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operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and operate properly. Contractor shall repair or arrange forthe repair of all its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. City Manager may inspect vehicles at any reasonable time, and within three (3) calendar days of such a request, to determine compliance with sanitation requirements.
1234 D. Vehicle Operations. All Collection operations shall be conducted as quietly as possible and shall 1235 conform to applicable Federal, State, County, and City noise level regulations, including the 1236 requirement that the noise level during the stationary compaction process not exceed sixty (60) :r237 decibels with the exception of sixty-five (65) decibels for one (1) minute duration. All decibel 1238 readings shall be based on a distance of ten (10) feet from any part of the Vehicle. The City may 1239 request Contractor to check any piece of equipment for conformance with the noise limits in 1240 response to Complaints and/or when the City Manager believes it is reasonable to do so. :i241 E. Leaks and Spill Mitigation. Contractor shall clean up any leaks or spills from its vehicles per the 1242 National Pollutant Discharge Elimination System (NPDES) permit in effect at the time. Contractor 1243 shall notify City of any leaks or spills reported to Contractor or observed by any employee of 1244 Contractor. Contractor shall ensure that leaks or spills are remediated within two (2) hours of July 12, 2022 Page 32 City of South Gate
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notification or observation. Contractor shall notify City immediately upon remediation of leaks or spills. No pollutant that leaks, spills, or otherwise escapes from any Contractor vehicle may be washed into a storm drain or otherwise allowed to enter a storm drain at any time. Contractor must take all measures necessary to prevent the discharge of any such pollutant into a storm drain. All NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be equipped with absorbent for such cleanup efforts. Contractor shall provide photographic evidence to the City for each clean up. Payment of Liquidated Damages for failure to clean up leaks or spills within the required timeframe, and/or for failure to follow the cleanup procedures, does not excuse Contractor from the clean-up requirements contained in this Section 5.5.E. 1254 5.6 CONTAINER REQUIREMENTS
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A. Containers Provided to Customers. On or before the Commencement Date, Contractor shall provide Customers (including Single-Family, Multi-Family, Commercial, and City facility Customers) with new Collection Containers as requested by the Customer to meet its desired Service Level.
Contractor shall provide Containers to new Customers requesting service initiation within three (3) Working Days of Contractor's first receipt of the Customer request. Contractor-provided Containers shall be new and shall comply with the Container standards set forth in the Section. All Containers shall display the Contractor's name, logo, telephone number, website, capacity (yards or gallons) and some identifying inventory or serial number. Contractor shall cooperate with the previous City Collection contractor to ensure that all existing Containers are replaced with Contractor-provided Containers within thirty (30) calendar days following the Commencement Date. 1265 B. Container Standards
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1. All Carts shall be manufactured by injection or rotational molding methods. The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. The Cart handles shall provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. Pinch points are unacceptable. Carts provided to Customer shall have a useful life of ten (10) or more years or more as evidenced by a manufacturer's warranty or other documentation acceptable to the City.
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2. Carts shall remain durable, and at a minimum, shall meet the following durability requirements to satisfy its intended use and performance, for the Term of this Agreement:
maintain its original shape and appearance; be resistant to kicks and blows; require no routine maintenance and essentially be maintenance free; not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that shall interfere with its intended usea resist degradation from ultraviolet radiation; be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats); the bottoms of Cart bodies must remain impervious to any damage, that would interfere with the Cart's intended use after repeated contact with gravel, concrete, asphalt, or any other rough and abrasive surface; all wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended.
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3. Carts shall be resistant to common household or Residential products and chemicals; human and animal urine and feces; and, airborne gases or particulate matter currently present in the ambient air of the Service Area.
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4. All Bins with a capacity of one (1) cubic yard or more shall meet applicable Federal regulations for Bin safety and be covered with attached lids.
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5. Contractor shall obtain the City's written approval of Container material, design, colors, labeling, and other specifications before acquisition, painting, labeling, or distribution occurs. 1290
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6. When purchasing plastic Collection Containers, Contractor shall purchase Containers that contain a minimum of thirty percent (30%) post-consumer recycled plastic content, unless such requirement is waived by the City Manager.
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7. Container lids shall be designed such that the follow requirements are met:
a. Prevents the intrusion of rainwater and vectors; b. Prevents the emissions on odors;
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c. Enables the free and complete flow of material from the Container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism;
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d. Permits users of the Cart to conveniently and easily open and shut the lid throughout the serviceable life of the Cart;
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e. Hinges to the Cart body in such a manner to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Cart body; 1303
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f. Prevents damage to the Container body, the lid itself, or any component parts through repeated opening and closing of the lid by Generators or in the dumping process as intended;
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g. Remainsclosedinwindsuptotwenty-five(25)milesperhourfromanydirection;.Alllid hinges must remain fully functional and continually hold the lid in the original designed and intended positions when either opened or closed or any position between the two (2) extremes; and,
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h. Designedandconstructedsuchthatitpreventsphysicalinjurytotheuserwhileopening and closing the Cart.
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8. Containers shall be stable and self-balancing in the upright position, when either empty or loaded to its maximum design capacity with an evenly distributed load, and with the lid in either a closed or an open position. Containers shall be capable of maintaining upright position in sustained or gusting winds of up to twenty-five (25) miles per hour as applied from any direction.
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9. Containers shall be capable of being easily moved and maneuvered, if applicable, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface.
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10. All such Containers shall be one hundred percent (100%) recyclable at the end of their useful life.
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11. All Containers shall be designed and constructed to be watertight and prevent the leakage of liquids.
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Container Colors. Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this section, or as otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law. Colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation; and the lids and bodies shall be uniform for each Container type, as follows:
1329 1. Recyclable Materials Container bodies and lids shall be blue; 1330 2. Organic Materials Container bodies and lids shall be green; 1331 3. Solid Waste Container bodies and lids shall be black or grey; 1332 4. Mixed Waste Container bodies and lids shall be black; and, 1333 5. Food Waste Container bodies and lids shall be brown. 1334
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Hardware such as hinges and wheels on the Containers may be a different color than specified above. All Containers shall comply with these color requirements, including Split-Bins. Each section of the Split-Bin shall be painted in accordance with the color requirements in this Section for the applicable Discarded Material type intended for that segregated section of the Bin (e.g., a Split-Bin for Solid Waste and Recyclable Materials would be half gray and half blue, respectively). 1339
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Container Labeling. All markings on the Containers shall be approved by the City in advance of ordering such Containers. On the lid of each Cart, and the body of each Bin and Roll-Off Box, Contractor shall label the ultimate destination of such materials as follows: "LANDFILL" for Solid Waste; "RECYCLE" for Recyclable Materials (including Cardboard, mixed paper, metal, etc.); and, "COMPOST" for Organic Materials (including Food Waste, Yard Trimmings, wood waste, etc.). On the body of each Cart, Bin, and Roll-Off Box, Contractor shall label the Container capacity (in gallons for Carts, and cubic yards for Bins and Roll-Off Boxes). Container body labeling shall be positioned on the side of each Container, so it is visible to the Customer at all times. 1347
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Carts shall have positional marking in the form of an arrow (at least three (3) inches by five (5) inches) hot stamped on the Cart lid, indicating the direction of Cart placement; and, in character size of no less than 3/16 inches, the phrase: "PLACE CART WITH ARROW FACING STREET FOR COLLECTION."
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All Carts shall include a high-quality educational information label using in-mold technology, such that all labeling shall be integral to the lid, though the use of injection molding, and shall not be affixed to any part of the Cart or lid using adhesives. Notwithstanding the provisions of this Section, or the requirements of SB 1383, the in-mold lid label shall, at a minimum, include for each Container: primary materials accepted; primary materials prohibited; a clear indication of Prohibited Container Contaminants for that Container type, acceptable materials; prohibited materials; notification forbidding Hazardous Waste and describin@ proper Disposal thereof; July 12, 2022 Page 35 City of South Gate
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notification forbidding scavenging (through words and international symbols) and describing the penalties therefore under California law or City Resolution; and, information about the Collection program.
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E. Repair and Replacement of Containers; Inventory. Contractor shall be responsible for repairing or replacing Containers when Contractor determines the Container is no longer suitable for service; or when the City or Customer requests replacement of a Container that does not properly function, leaks, is damaged, or is otherwise not fit for service. Contractor shall be responsible for acquiring and providing the replacement Containers. Contractor shall repair or replace all damaged or broken Containers within three (3) Working Days of Customer or City request. Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by the Contractor personnel. All repairs must restore the Cart to its full functionality to meet the design and performance requirements as set for herein. 1370
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Contractor shall maintain a sufficient inventory of Containers to accommodate new Customer requests for service, requests for change in Service Levels (size, type, or number of Containers) from current subscribers, and requests for replacement due to damage. 1373
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Contractor shall provide to Single-Family Customers at least one (1) free Cart replacement per any twelve (12) month period for any reason, upon Customer request. If Customer requests more than one (1) Cart replacement per any twelve (12) month period, Contractor shall make Carts available at the City-approved Rate for such services. In addition, Single-Family Customers may also request one Cart size exchange per Rate Period at no charge. All such Containers shall be provided within three (3) Working Days of request. Contractor's failure to comply with the Container requirements may result in assessment of Liquidated Damages pursuant to Section
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F. Maintenance, Cleaning, Painting. All Containers shall be maintained in a safe, serviceable, and functional condition, and present a clean appearance. Contractor shall repair or replace all Containers damaged by Collection operations in accordance with standards specified in Section
5.6.D, unless damage is caused by Customer's gross negligence, in which case, the Customer will be billed for repair or replacement of Container at a City-approved Rate for such service. All Containers shall be maintained in a functional condition. 1387
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Contractor shall steam clean and/or repaint all Containers as needed (other than Carts) to present a clean appearance. Contractor shall offer steam cleaning service (or clean Container exchange) to Customers requesting such service and shall charge Customers for such cleaning (or Container exchange) at the City-approved Rate for such service. 1391
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Contractor shall remove graffiti from Containers within two (2) Working Days or notification at no additional charge.
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Upon request from the City Manager, Contractor shall provide the City with a list of Containers and the date each Container was painted and maintained. 1395 5.7 PERSONNEL
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A. General. Contractor shall furnish such qualified personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner.
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Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall not permit its employees to accept, demand, or solicit, directly orindirectly, any additional compensation, or gratuity from Customers or members of the public.
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B. Hiring of Displaced Employees. Contractor is aware of and shall comply with the requirements of and duties imposed by Sections 1072 and 1075 of the California Labor Code regarding offers of employment to any displaced employees resulting from a change in service provider, if any, resulting from this Agreement or upon the expiration of this Agreement. 1406
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C. Driver Qualifications. All drivers must havein effect a valid license, ofthe appropriate class, issued by the California Department of Motor Vehicles. Contractor shall use the Class II California Department of Motor Vehicles employer "Pull Notice Program" to monitor its drivers for safety. 1409
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D. Safety Training. Contractor shall provide suitable operational and safety training for all employees who operate Collection vehicles or equipment. Contractor shall train its employees involved in Collection to identify, and not to Collect, Excluded Waste. Upon the City Manager's request, Contractor shall provide a copy of its safety policy and safety training program, the name of its safety officer, and the frequency of its trainings. 1414 E. Designated Staff.
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1. Contractor"s Contract Administrator. Contractor shall designate at least one (1) qualified employee as City"s primary point of contact with Contractor who is principally responsible for Collection operations and resolution of service requests and Complaints. Such individual shall be empowered to negotiate on behalf of and bind Contractor with respect to any changes in scope, dispute resolution, compensation adjustments, and service-related matters which may arise during the Term of this Agreement. Such individual is defined as Contractor's General Manager.
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2. Field Supervisor. Contractor shall designate one (1) qualified full-time employee as supervisor of field operations. The designated Field Supervisor will devote at least fifty percent (50%) of their time in the City in the field checking on Collection operations, including responding to Customer requests, inquiries, and Complaints. 1426
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3. Zero Waste Account Representatives, Contractor shall provide two (2) Zero Waste Account Representatives in advance of the Commencement Date and the Zero Waste Account Representatives shall assist in contacting all Multi-Family and Commercial Customers prior to the Commencement Date to determine Service Levels. The duties of the Zero Waste Account Representatives will be focused on public education, community outreach, Commercial and Multi-Family site visits, and technical assistance, and will be substantially as proposed by Contractor in Exhibit L, Contractor's Proposal and in Exhibit C, Public Education and Outreach Requirements. Zero Waste Account Representatives shall be full- time, regular, and professional positions. Contractor acknowledges that the Zero Waste Account Representative role is not intended to be an internship, or entry-level role. 1436
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F. Key Personnel. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Agreement.
Contractor shall notify the City of any changes in Contractor's key staff to be assigned to perform July 12, 2022 Page 37 City of South Gate
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the services required under this Agreement and shall obtain the approval of the City Manager of all proposed key staff members who are to be assigned to perform services under this Agreement prior to any such performance.
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Notwithstandin@ City's approval of Contractor's personnel, Contractor shall not be relieved from any liability resulting from the work to be performed under this Agreement, nor shall Contractor be relieved from its obligation to ensure that its personnel maintain all requisite certifications, licenses, and the like, and Contractor shall ensure that its personnel at all times fully comply with Applicable Law.
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At any point during the Term of this Agreement, the City may request, in writing, that any of Contractor's employees be reassigned such that they no longer perform any work relating to this Agreement and shall provide a statement describing the reason for such request. Within twenty- four (24) hours of Contractor's receipt of such request, or such other time agreed to by City in writing, Contractor shall remove the identified employee(s) from performing any work related to this Agreement; the vacated position(s) must be filled by Contractor with a suitable replacement within ten (10) calendar days and Contractor shall immediately fill the vacated position with a temporary replacement if required to perform, without delay, all services required under this Agreement.
1456 5.8 HAZARDOUS WASTE INSPECTION AND HANDLING
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A. Inspection Program and Training. Contractor shall develop a load inspection program that includes the following components: (i) personnel and training; (ii) load checking activities; (iii) management of wastes; and, (iv) record keeping and emergency procedures. 1460
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Contractor's load checking personnel, including its Collection vehicle drivers, shall be trained in:
(i) the effects of Hazardous Substances on human health and the environment; (ii) identification of prohibited materials; and, (iii) emergency notification and response procedures. Collection vehicle drivers shall inspect Containers before Collection when practical. 1464
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B. Response to Excluded Waste Identified During Collection. If Contractor determines that material placed in any Container for Collection is Excluded Waste or presents a hazard to Contractor's employees, the Contractor shall have the right to refuse to accept such material. The Generator shall be contacted by the Contractor and requested to arrange proper Disposal. If the Generator cannot be reached immediately, the Contractor shall, before leaving the Premises, leave Non- Collection Notice, which indicates the reason for refusing to Collect the material and lists the phone number of a facility that accepts the Excluded Waste or a phone number of an entity that can provide information on proper Disposal ofthe Excluded Waste. Under no circumstances shall Contractor's employees knowingly Collect Excluded Waste or remove unsafe or poorly containerized Excluded Waste from a Collection Container. 1474
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If Excluded Waste is found in a Collection Container or Collection area that could possibly result in imminent danger to people or property, the Contractor shall immediately notify the Fire Department.
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C. Response to Excluded Waste Identified At Processing or Disposal Facility. Materials Collected by Contractor will be delivered to the Approved Facilities for purposes of Processing or Disposal. In the event that load checkers and/or equipment operators at such facility identify Excluded Waste July 12, 2022 Page 38 City of South Gate
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in the loads delivered by Contractor, such personnel shall remove these materials for storage in approved, on-site, Excluded Waste storage Container(s). Contractor shall arrange for removal of the Excluded Wastes at its cost by permitted haulers in accordance with Applicable Laws and regulatory requirements. The Contractor may at its sole expense attempt to identify and recover the cost of Disposal from the Generator. If the Generator can be successfully identified, the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator. 1486 5.9 CONTRACT MANAGEMENT
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The City Manager shall monitor and administer of this Agreement. Contractor shall designate an employee to serve as Contractor's Contract Administrator(s), to be responsible for working closely with the City Manager in the monitoring and administration of this Agreement. 1490
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The Contractor's Contract Administrator shall meet and confer with the City Contract Administrator to resolve differences of interpretation and implement and execute the requirements of this Agreement in an efficient, effective, manner that is consistent with the stated objectives of this Agreement. 1493
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The City Manager, or their designee, and the Contractor's Contract Administrator shall hold contract management meetings monthly or at such other frequency as designated by the City Manager. This meeting is intended to review the status of Contractor's implementation of programs and services required under this Agreement, coordinate shared efforts between the parties, and such other agenda items as are deemed appropriate by the Parties for such meetings. 1498
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1501
1502
From time to time the City Manager may designate other agents of City to work with Contractor on specific matters. In such cases, those individuals should be considered designates of the City Manager for those matters to which they have been engaged. Such designates shall be afforded all of the rights and access granted thereto. In the event of a dispute between the City Manager's designate and Contractor, the City Manager's determination shall be conclusive.
1503
1504
1505
1506
1507
1508
1509
In the event of dispute between the City Manager and the Contractor regarding the interpretation of or the performance of services under this Agreement, the City Manager's determination shall be conclusive except where such determination results in a material impact to the Contractor's revenue and/or cost of operations. In the event of a dispute between the City Manager and the Contractor results in such material impact to the Contractor, the provisions of Section 11.9 shall apply. For the purposes of this Section, "material impact" is an amount equal to or greater than one percent (1%) of Contractor's annual Gross Receipts under this Agreement.
1510
1511
1512
1513
1514
1515
City Manager or their designate shall have the right to observe and review Contractor operations and Processing Facilities and enter Premises forthe purposes of suc5 observation and review, including review of Contractor's records, during reasonable hours with reasonable notice. In no event shall Contractor prevent access to such Premises for a period of more than three (3) calendar days after receiving such a request. City Manager shall be granted access to Contractor's information systems and Customer service database in accordance with Section 4.8.
1516 5.10 ENVIRONMENTALLY PREFERABLE PURCHASING
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Contractor shall, prior to the Commencement Date, develop and implement an "Environmentally Preferable Purchasing Policy". The policy shall be subject to review, request for modification, and approval by the City Manager. The policy shall, at a minimum, include provisions for: (i) purchasing materials with July 12, 2022 Page 39 City of South Gate
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the highest available Recycled content without materially degrading the performance of the product; (ii) purchasing materials that utilize non-toxic, non-polluting alternative chemistry; (iii) a twenty percent (20%) price preference, relative to virgin or toxic content products, for purchasing environmentally preferable materials and supplies; and, (iv) source reduction and pollution prevention strategies for Contractor"s operations.
1525 5.11 LOCAL PURCHASING PREFERENCE
1526
1527
1528
1529
1530
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1533
Contractor shall, throughout the Term of this Agreement, give preference to purchasing materials and supplies used in connection with Agreement from local vendors within the City. At a minimum, Contractor shall purchase the following items from vendors within the City where possible: vehicle supplies (e.g., fuel, fluids, tires, parts, etc.); printing and publishing services for any and all public education and outreach materials; uniforms, safety clothing/equipment, work boots; and office supplies. Additionally, Contractor shall support restaurants and food suppliers located within the City when catering special events for the City or the community, and for Contractor"s employees. Contractor shall submit an annual report, as required in Exhibit F, to City identifying their compliance with this Section. 1534 5.12 MINIMUM DIVERSION REQUIREMENTS
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1548
Contractor shall Divert from landfilling a minimum of 36% of all Discarded Material it Collects under this Agreement excluding Construction and Demolition Debris. Compliance will be measured on a calendar year basis, beginning with calendar year 2023. Discarded Materials Collected shall only be considered to have been Recycled or Diverted as required under this Agreement if it is deemed to be Diversion by CalRecycle in connection with efforts to meet City"s Diversion goals. The Contractor shall make reasonable efforts to assure that Recyclable Materials, Organic Materials, and Mixed Waste are Transported, handled at the Approved Processing Facilities, so as to prevent or minimize the amount of such materials taken to a landfill and to maximize Diversion credits for the City. Contractor shall provide documentation to the City within thirty (30) days of the end of each calendar year stating and supporting that calendar year's Diversion rate. Diversion from sources other than Contractor's Collection and Diversion efforts (such as source reduction, reuse, or Recyclable Materials and Organic Materials Diverted by other enterprises, Collection of materials that are not the subject of this Agreement, or the efforts of Self-Haulers) is not to be counted as Diversion achieved by Contractor. Transformation may be used as a method to achieve the minimum Recycling requirements to the extent that is allowable as Diversion as defined by CalRecycle. 1549
1550
Contractor shall Divert from landfilling the State-mandated Construction and Demolition Diversion percentage of all Construction and Demolition Debris loads Contractor Collects under this Agreement. 1551
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1560
Upon the request of either Party, not more often than once every two (2) years, the Parties agree to meet and confer regarding adjustments to the minimum Diversion rate, based on factors including waste composition data provided by Contractor, trends in source reduction and reuse, trends in third party Diversion, extent of reverse logistics, emerging methods of Processing and Recycling/reusing new waste materials, the availability of markets, Transportation constraints, embargoes, and the impact of scavenging. City shall consider such information provided by Contractor and otherindustry data and shall, at its sole discretion, determine if any adjustments to the minimum Diversion requirements shall be made, and such changes must be approved by the City Council before becoming effective. If these Diversion requirements are not met, City may instruct Contractor to initiate new programs at Contractor's expense in order for this goal to be met on a consistent basis.
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ARTICLE 6.
RECORD KEEPING AND REPORTING
1563 6.1 RECORD KEEPING
1564 Contractor shall maintain Customer contact data, Customer service, accounting, statistical, operational, 1565 programmatig and other records, and associated documentation, related to its performance as shall be 1566 necessarytoprovidedetailedandaccuratereportsunderthisAgreement,andtodemonstratecompliance 1567 with this Agreement and Applicable Law. Unless otherwise required in this Article, Contractor shall retain 1568 allrecordsanddatarequiredtobemaintainedbythisAgreementfortheTermofthisAgreementplusfive 1569 (5) years after its expiration or earlier termination. Records and data shall be in chronological and 1570 organized form that is readily and easily interpreted to facilitate the flexible use of data to structure 1571 reports. Contractor"s records shall be stored in one central location, physical or electronic, that can be 1572 readily accessed by Contractor. Upon request, any such records shall be retrieved in a timely manner, not 1573 toexceedfive(5)WorkingDaysofarequestbytheCityManager,andmadeavailabletotheCityManaBer; 1574 includinganyrecordordocumentationthatCity,intheirsolediscretion,maydeemnecessary,fortheCity 1575 to fulfill obligations under Applicable Law including, but not limited to, AB 939, AB 341, AB 876, AB 901, 1576 SB1383,andothercurrentorfutureFederal,State,orlocalregulations,asamended. 1577 Contractor shall maintain adequate record security to preserve records from events that can be 1578 reasonablyanticipatedsuchasafire,theft,andanearthquake.EIectronicallymaintaineddataandrecords 1579 shall be protected and backed-up. The City reserves the right to require the Contractor to maintain the 1580 records required herein using a City-approved web-based software platform, at Contractor's expense. To 1581 the extent that Contractor utilizes its computer systems to comply with record keeping and reporting 1582 requirements under this Agreement, Contractor shall, on a monthly basis, save all system-generated 1583 reportssupportingthoserecordkeepingandreportingrequirementsinastaticformatinordertoprovide 1584 an audit trail for all data required by City, as requested, under this Agreement. 1585 At a mutually agreed upon time during normal business hours, but within five (5) Work Days of a written 1586 request,ContractorshallprovidetotheCitytheContractor'sdataandrecordswithrespecttothematters 1587 coveredbythisAgreementandApplicableLaw.ContractorshallpermittheCity,oritsdesignee,toaudit, 1588 examine, and make excerpts or transcripts from such data and records, and make copies of all data 1589 relating to all matters covered by this Agreement and the Applicable Law. Contractor shall maintain such 1590 data and records in an accessible location and condition for a period of not less than five (5) years 1591 following the City's receipt of final payment under this Agreement unless the City agrees in writing to an 1592 earlier disposition. Contractor agrees that all data regarding business operations, Customer lists, routing, 1593 Tonnage, Service Levels, work orders issued from dispatch, Customer service logs and account notes, and 1594 work force and bargaining agreements, do not constitute Proprietary Information or Trade Secrets and 1595 shall be made available to the City Manager or their designee upon request and within the timelines 1596 required by this Section 6.1. City is subject to the California Public Records Act (Government Code section 1597 6250, et. seq.) and nothing in this Agreement is intended to impair City's requirements or obligations 1598 under that Act.
1599 City views its ability to defend itself against Comprehensive Environmental Response, Compensation and 1600 Liability Act (CERCLAI and related litigation as a matter of great importance. For this reason, City regards 1601 itsabilitytoprovewhereCollectedRecyclableMaterials,OrganicMaterials,SolidWaste,andMixedWaste 1602 are taken for Transfer, Processing, or Disposal. Contractor shall maintain records which can establish 1603 where Recyclable Materials, Organic Materials, Solid Waste, and Mixed Waste Collected were July 12, 2022 Page 41 City of South Gate
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Transferred, Processed, or Disposed. This provision shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these records for a minimum of ten (10) years beyond expiration or earlier termination of the Agreement. Contractor shall provide these records to City (upon request or at the end of the record retention period) in an organized and indexed manner rather than destroying or Disposing of them.
1609 6.2 REPORT SUBMITTAL REQUIREMENTS
1610
1611
1612
1613
Contractor shall submit monthly reports within twenty (20) calendar days after the end of the calendar month and annual reports no later than forty-five (45) calendar days after the end of each calendar year.
Monthly and annual reports shall include at a minimum, all data and information described in Exhibit F, unless otherwise specified under this Agreement.
1614
1615
1616
1617
Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by the City Manager, or their designee, in their sole discretion. City Manager may, from time to time during the Term, review, and request changes to Contractor's report formats and content and Contractor shall not unreasonably deny such requests. 1618
1619
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1621
Contractor shall submit all reports to the City Manager electronically via e-mail using software acceptable to the City. The City reserves the right to require the Contractor to maintain records and submit the reports required herein through use of a City-selected web-based software platform, at the Contractor's expense.
1622
1623
1624
City reserves the right to require Contractor to provide additional reports or documents as City Manager reasonably determines to be required for the administration of this Agreement or compliance with Applicable Law.
1625 6.3 PERFORMANCE REVIEW
1626
1627
1628
1629
1630
1631
1632
1633
City may hold a public hearing, or other meeting, on or about the two-year anniversary of the start of this Agreement, and each 12 months thereafter, at which time Contractor shall be present and shall panicipate, to review the Discarded Materials Collection, source reduction, Processing and other Diversion services and overall performance. The purpose of the hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, Processing and Disposal to achieve a continuing, advanced Discarded Materials Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided with adequate quality, effectiveness and economy.
1634
1635
Forty-five (45) days after receiving notice from City of a Performance Review Hearing, Contractor shall, at a minimum, submit a report to City indicating the following:
1636
1637
1638
a. Changesrecommendedand/ornewservicestoimproveCity'sabilitytomeetthegoalsofAB939, AB 341, SB 1383, and any current orfuture regulations, and to contain costs and minimize impacts on Rates. A specific plan for regulatory compliance shall be included. 1639 b. Any specific plans and proposed costs for provision of changed or new services by Contractor. 1640 c. Results of the most recent route audit as described in Section 4.11.
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1641
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The reports required by this Agreement regarding Customer Complaints shall be used as one basis for review. Contractor may submit other relevant performance information and reports for consideration.
City may request Contractor to submit specific information for the hearing. In addition, any Customer may submit comments or Complaints during or before the hearing, either orally or in writing, and these shall be considered.
1646
1647
1648
1649
1650
Topics for discussion and review at the Peformance Review Hearing shall include, but shall not be limited to, services provided, route audit results, feasibility of providing new services, application of new technologies, Customer Complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory constraints and Contractor performance.
City and Contractor may each select additional topics for discussion at any Performance Review Hearing. 1651
1652
1653
1654
Not later than sixty (60) days after the conclusion of each Performance Review Hearing, City may issue a report. As a result of the review, City may require Contractor to provide expanded or new services within a reasonable time and for reasonable Rates and compensation and City may direct or take corrective actions for any performance inadequacies.
1655 6.4 PERFORMANCE SATISFACTION SURVEY
1656
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1659
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1662
1663
1664
1665
1666
If requested the City, City shall retain a third-party company to conduct a survey at Contractor's expense, not more than once per calendar year. The third-party company retained by Contractor shall be approved by the City. In the event the City does not approve the third-party company, the City shall have the right to select a company of their choosing, and the cost of the City-selected company shall be borne by the Contractor. The purpose of the survey is to determine Customer satisfaction with current Collection services and Customer service provided by the Contractor. Survey will be distributed to a minimum of 10% of Single-Family Customers and 10% of Multi-Family Customers and 10% of Commercial Customers, selected at random. City will prepare separate Single-Family, Multi-Family and Commercial Customer surveys and will seek City approval of survey content and format prior to distribution and will incorporate City content, if City requests. If the survey is requested in conjunction with a performance review under Section 6.3, survey results must be made available to the City thirty (30) days prior to the hearing. 1667 6.5 BIENNIAL AUDIT
1668
1669
City may conduct an audit of Contractor at any time. The scope of the audit, and auditing party, will be determined by City and the scope may include, but is not limited to:
1670
1671
1672
1673
1674
1675
a. Compliance with terms of this Agreement;
b. Customer Service Levels and Billing;
c. Fee payments;
d. Receipts;
e. Tonnage;
f. Complaint log;
1676
1677
g. Compliance with Mandatory Commercial Recycling, Mandatory Commercial Organics Recycling, and SB 1383; and,
1678 h. Verification of Diversion rate.
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The first audit, to be performed during 2024, will be based on the Contractor's reports and records for calendaryear2023. Auditswillbeperformedeveryotheryearthereafter(thebiennialaudit). Contractor will reimburse to the City the cost of such audits up to fifty thousand dollars (S50,000) for the first audit, andfiftythousanddollars(950,000)foreachsubsequentbiennialauditin2024dollars. Thefiftythousand dollars (550,000) amount in subsequent years shall be adjusted annually by 2.5% per year as shown in the table below:
Year
Performed
Contractor
Reimbursement
2024 S 50,000
2026 S 51,250
2028 S 52,531
2030 !> 53,845
2032 !> 55,191
2034 or
thereafter +2.5% peryear1685
1686
1687
1688
1689
1690
Should an audit by the City disclose that Franchise or other fees payable by the Contractor were underpaid by three percent (3%) or more, or that more than two percent (2%) of the Customers were inaccurately billed, for the period under review, Contractor shall reimburse the City for the actual cost of the audit to the extent it exceeded fifty thousand dollars (550,000) and shall also pay for additional audit costs if City determines it is necessary to expand the scope of the audit. 1691 6.6.I Payments and Refunds
1692
1693
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1698
Should an audit by the City disclose that the Franchise Fees payable by the Contractor were underpaid or that Customers were overcharged for the period under review, Contractor shall pay to City any underpayment of Franchise Fees and/or refund to Contractor's Customers any overcharges within thirty (30)daysfollowingthedateoftheaudit. ShouldanauditdisclosethatFranchiseFeeswereoverpaid,City shall refund to Contractor the amount of the overpayment within the same time frame. Should the audit disclose that Customers were undercharged, Customers may be billed for up to, but not exceeding, ninety (90) days of services not previously billed by Contractor or City. 1699
1700
1701 7.1 FRANCHISE FEE
ARTICLE 7.
CITY FEES
1702
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The Contractor shall pay a Franchise Fee to City each month in exchange for the rights granted under this Agreement. The amount of the Franchise Fee shall be equal to ten percent (10%) of Gross Receipts, paid out of Contractor's Profit for all services performed under this Agreement and shall be paid monthly, paid in arrears. Concurrent with each Franchise Fee payment, Contractor shall provide an accounting worksheet showing the amount, if any, of delinquent Customer accounts. The Franchise Fee was the product of extensive negotiation and represents the Parties" estimate of the reasonable value of the Franchise.
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1709 7.1.I Adjustment to Franchise Fee
1710
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City may adjust the amount of the Franchise Fee annually, with fee increases permitted only to the extent such an increase can be included in the approved Rates. Such adjustment shall be reflected in the Rates that Contractor is allowed to charge and collect from Customers in accordance with Article 8. 1713 7.2 AB 939/SB 1383 REIMBURSEMENT
1714
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The Contractor shall pay an AB 939/SB 1383 Reimbursement to City each month. The amount of the AB 939/SB 1383 Reimbursement shall be equal to two percent (2%) of Gross Receipts, paid out of Contractor's Profit for all services performed under this Agreement and shall be paid in monthly, paid in arrears. City shall use the AB 939/SB 1383 Reimbursement to refund expenses including but not limited to, staffing costs related to City programs, pilot studies, education and outreach campaigns, technical assistance to Customers, reporting, compliance, capacity planning, provision of special Containers, or other activities involved in compliance with AB 939 and/or SB 1383. The City shall retain the sole right to set priorities for the use of its AB 939/SB 1383 Fee.
1722 7.3 ADJUSTMENT TO AB 939/SB 1383 REIMBuRSEMENT 1723
1724
1725
City may set other reimbursement payments or adjust the reimbursement amounts established in this Article from time-to-time during the Term of this Agreement and such adjustments shall be included in the adjustment of Rates described in Exhibit E.
1726
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The amounts of the AB 939/SB 1383 Fee shall be adjusted for subsequent Rate Periods shall be adjusted annually by the change in CPI as defined in Exhibit A. 1728 7.4 PAYMENT SCHEDULE AND LATE FEES
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Within twenty (20) calendar days of the end of each calendar month, during the Term of this Agreement, Contractor shall remit to City all fees as described in this Article. Such fees shall be remitted to City and sent or delivered to the City Manager. If such remittance is not paid to City on or before the twentieth (20'h) calendar day following the end of a calendar month, all fees due shall be subject to a delinquency penalty of one and one-half percent (1.5%), which attaches on the first day of delinquency. The delinquency penalty shall be increased an additional one and one-half percent (1.5%) for each additional month the payment remains delinquent.
1736
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Each monthly remittance to City shall be accompanied by a statement listing the amount of each fee paid; calculation of each fee; and statement of Gross Receipts. 1738 7.5 CONTRACTING FEE
1739
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1741
Contractor shall pay to City a Contracting Fee in a one-time lump sum payment within seven (7) days of execution of this Agreement to reimburse the City for its out-of-pocket costs of awarding the Franchise.
The Contracting Fee is estimated to be 5250,000.
1742 7.6 0THER FEES
1743
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1745
City shall reserve the right to set other fees, or further adjust the Franchise Fee, AB 939/SB 1383 Regulatory Reimbursement and Administrative Fee beyond the regular annual adjustments described above as it deems necessary, to the extent that such further adjustments are also included in the July 12, 2022 Page 45 City of South Gate
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1746 adjustments to the approved Rates.
1747 7.7 DISCONTINUANCE OF FEES
1748
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In event one or more of the fees described in Sections 7.1 and 7.2 are discontinued during the Term of this Agreement including Agreement extensions granted by the City, Customer Rates will be reduced based on the amount of the discontinued fee(s).
1751
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1754 8.1
ARTICLE 8.
CONTRACTOR'S COMPENSATION AND RATE
SETTING
GENERAL
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Contractor will perform the responsibilities and duties described in this Agreement in consideration of the right to receive compensation for services. Contractor Compensation provided for in this Article shall be the full, entire, and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, Disposal, Recycling, Processing, Transfer, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed.
1761 8.2 INITIAL RATES
1762
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1764
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1768
The Rates for the Rate Period ending December 31, 2023, shall not exceed those set forth in Exhibit D hereto, unless amended by a written amendment to this Agreement entered into by and between the City and the Contractor. Contractor has reviewed these maximum Rates and agrees they are reasonably expectedtogeneratesufficientrevenuestoprovideadequateContractorCompensation. Unlessanduntil the maximum Rates set forth on Exhibit D are adjusted, Contractor will provide the services required by this Agreement, charging no more than the maximum Rates authorized by Exhibit D, except as provided herein in this Article 8.
1769 8.3 SCHEDULE OF FUTURE ADJUSTMENTS
1770
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Beginning with Rate Period two (2) (January 1, 2024, to December 31, 2025) and for all subsequent Rate Periods, Contractor or City may request an annual adjustment (increase or decrease) to the maximum Rates shown in Exhibit D, excepting that Contractor shall be entitled to those automatic adjustments in Rates as provided in Section 8.4.2 hereof without notice or approval of the City. For all inflationary adjustments extending beyond those set forth in Section 8.4.2, the Contractor shall submit its request in writing, to be received by City in person or via certified mail, by March 1 of the same year based on the method of adjustment described in Section 8.4. Failure to submit a written request by March 1, shall resultin Contractor waiving the right to request such an increase for the subsequent year. If an adjustment results in a Rate decrease, then the City shall maintain the current Rates and rollover the Rate decrease to the next Rate adjustment; the intent is to ensure subsequent Rate increases shall be offset with any decrease not previously implemented.
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1781 8.4 METHOD OF ADJUSTMENTS
1782 8.4.1 General
1783
1784
Pursuant to Section 8.3, Contractor may request an annual adjustment to the Total Rate according to the formula shown in Exhibit E, subject to review and approval of the City. 1785 8.4.1.I INDEMNIFICATION
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To the maximum extent allowed by law, Contractor shall indemnify, defend and hold harmless the City, their officers, employees, agents and volunteers, (collectively, Indemnitees) from and against all claims, damages, injuries, losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including attorneys" and expert witness fees, expenditures for investigations, and administration) and costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against Contractor or any of the Indemnitees resulting in any form from the City's establishing maximum Rates for service under this Agreement or in connection with the application of California Constitution Articles XIIIC and Article XIIID to the imposition, payment or collection of Rates and fees for services provided by Contractor under this Agreement. Notwithstanding the foregoing, this indemnity shall not extend to any portion of the Rates that is not associated with Contractor's costs in providing service, such as governmental fees, Franchise Fees or charges, nor shall it apply to any loss arising directly from the negligence of City, its officers and employees. Nothing herein is intended to imply that California Constitution Articles XIIIC or XIIID apply to the setting of Rates for the services provided under this Agreement; rather, this Section is provided merely to allocate risk of loss between the Parties.
1801 8.4.2 Rate Adjustment Calculation
1802
1803
1804
1805
1806
1807
1808
1809
The approved Contractor compensation shall be based on the percentage change in the average annual published Consumer Pricelndex, forTrash and Garbage Collection (CUUROOOOSEHGO2), u.s. City average, as published by the United States Department of Labor, Bureau of Labor Statistics, between the 12 months ended June prior to the Rate Period anniversary date, and the 12 months ended the prior June. For example, for the first rate increase effective January 1, 2024, the change in the index shall be measured as the percentage change from the average of the monthly index for 12 months ending June 2022 to the average of the monthly index for the 12 months endingJune 2023. An example calculation is included in Exhibit E. If the index is discontinued, an alternative index must be approved by the City Manager. 1810
1811
1812
If the rate adjustment calculation is calculated to be 0% or less, there shall be no changes to charges and rates during the Rate Period corresponding the rate adjustment calculation. In the case of a calculated rate decrease, the amount of such decrease shall be carried forward as an offset to future rate increases. 1813 8.5 EXTRAORDINARY ADJUSTMENTS
1814
1815
1816
1817
1818
1819
1820
1821
Contractor or City may request an adjustment to maximum Rates at reasonable times other than that allowed under Section 8.3 in the event of extraordinary changes in the cost of providing service under this Agreement. Such changes shall not include changes in Recyclable Materials or Organic Waste Processing costs or, changes in the market value of Recyclable Materials from the values assumed in Contractor's Proposal, inaccurate estimates by the Contractor of its proposed cost of operations, unionization of Contractor's work force, or change in wage rates or employee benefits. Contractor may request an extraordinary adjustment based on changes in a direct per Ton fee assessed at the Disposal Site by Federal, State, or local regulatory agencies after the Effective Date. Extraordinary Rate adjustments may July 12, 2022 Page 47 City of South Gate
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1822 not be applied retroactively.
1823 ForeachrequestforanadjustmenttothemaximumRatesthatContractormaychargeCustomersbrought 1824 pursuant to this Section Contractor shall prepare a schedule documenting the extraordinary costs. Such 1825 request shall be prepared in a form acceptable to City with support for assumptions made by Contractor 1826 in preparing the estimate. Contractor shall also submit a schedule showing how its total costs and total 1827 revenues have changed over the past three years for the services provided under this Agreement. 1828 Contractor shall provide to City a report of its annual revenues and expenses for the services provided in 1829 the City, and City shall have right to audit this information in connection with the City's review of 1830 Contractor's rate adjustment request. City may consider increases or decreases in the Contractor's total 1831 revenues and total cost of services when reviewing an extraordinary rate adjustment request. A rate 1832 adjustment request made in response to a new service requested by City will be determined in accordance 1833 with Section 3.5.
1834
1835
1836
ARTICLE 9.
INDEMNITY, INSURANCE, AND PERFORMANCE
BOND
1837 9.1 INDEMNIFICATION
1838
1839
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A. General. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless (to the full extent permitted by law) City and its officers, officials, employees, volunteers, and agents from and against any and all claims, liability, loss, injuries, damage, expense, and costs (including without limitation costs and fees of litigation, including attorneys' and expert witness fees) (collectively, "Damages") of every nature arising out of or in connection with Contractor's performance, and the performance of any Subcontractor, or agent of Contractor, under this Agreement, or its failure to comply with any of its obligations contained in the Agreement, except to the extent such loss or damage was caused by the negligence or willful misconduct of City. This Section 9.1 shall survive the expiration or termination of this Agreement and shall not be construed as a waiver of City's legal and/or equitable rights as defined herein and permitted under Applicable Law.
1849
1850
1851
B. Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport, use, or Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 1852
1853
1854
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1860
1861
1862
If Contractor negligently or willfully mishandles Excluded Waste in the course of carrying out its activities underthis Agreement, Contractor shall at its sole expense promptly take all investigatory and/or remedial action reasonably required for the remediation of such environmental contamination. Prior to undertaking any investigatory or remedial action, however, Contractor shall first obtain City"s approval of any proposed investigatory or remedial action. Should Contractor fail at any time to promptly take such action, City may undertake such action at Contractor's sole cost and expense, and Contractor shall reimburse City for all such expenses within thirty (30) calendar days of being billed forthose expenses, and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed delinquent and subject to the delinquent fee payment provision of Section 7.4. These obligations are in addition to any defense and indemnity obligations that Contractor may have under this Agreement.
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Notwithstanding the foregoing, Contractor's duties under this subsection shall not extend to any claims arising from the Disposal of Solid Waste at the Approved Disposal Facility, including, but not limited to, claims arising under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of Contractor's negligence or willful misconduct.
1868
1869
1870
1871
1872
C. Environmental Indemnity. Contractor shall defend with counsel acceptable to City, indemnify, and hold City harmless against and from any and all claims, suits, losses, penalties, damages, and liability for damages of every name, kind and description, including attorneys" fees and costs incurred, attributable to the negligence or willful misconduct of Contractor in handling Excluded Waste.
1873
1874
1875
1876
1877
1878
1879
1880
1881
1882
1883
1884
D. Electronic and Web based Information Indemnity. Contractor shall defend with counsel acceptable to City, indemnify, and hold City harmless against and from any and all -related claims, including but not limited to, suits, losses, penalties, damages, responsibility for costs, regulatory fines, penalties, credit monitoring expenses, and liability for damages of every name, kind and description, including attorneys" fees and costs incurred, attributable to the negligence or willful misconduct of Contractor and any Subcontractors used in performance of this Agreement in handling or protecting Customerinformation overwhich Contractor has control,including but not limited to billing details, electronic payment(s), and Customer account information that is not readily available to the general public. Contractor shall maintain electronic files and Contractor's website in accordance with the industry best practices for maintaining such information as safely and securely as possible. Nothing in this Section 9.1(D) shall prevent or restrict Contractor's obligation and responsibility to provide City with information required under this Agreement. 1885
1886
1887
1888
1889
1890
1891
E. Related to AB 939, AB 341, and SB 1383. Contractor's duty to defend and indemnify herein includes all fines and/or penalties imposed by CalRecycle, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 are not met by the Contractor with respect to the Contractor's obligations under this Agreement, and such failure is: (i) due to the failure of Contractor to meet its obligations under this Agreement; or, (ii) due to Contractor delays in providing information that prevents Contractor or City from submitting reports to regulators in a timely manner. This indemnity is subject to the provisions of Public Resources Code § 40059.1. 1892
1893
1894
1895
1896
F. Related to Proposition 218. Should there be a Change in Law or a new judicial interpretation of Applicable Law, including, but not limited to, Article Xlll C and D of the California Constitution (Commonly Proposition 218), which impacts the Rates for the Collection services established in accordance with this Agreement, Contractor agrees to meet and confer with City to discuss the impact of such Change in Law on either Party's ability to perform under this Agreement. 1897
1898
1899
1900
1901
1902
1903
1904
1905
If, at any time, a Rate adjustment determined to be appropriate by both City and Contractor to compensate Contractor for increases in costs as described in this Agreement cannot be implemented for any reason, Contractor shall be granted the option to negotiate with City, in good faith, a reduction of services equal to the value of the Rate adjustment that cannot be implemented. If City and Contractor are unable to reach agreement about such a reduction in services, then Contractor may terminate this Agreement upon one (1) year's prior written notice to City, in which case the Contractor and City shall each be entitled to payment of amounts due for contract performance through the date of termination but otherwise will have no further obligation to one another unless this Agreement specifically states otherwise, after the date of July 12, 2022 Page 49 City of South Gate
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1906
1907
1908
1909
1910
such termination. Should a court of competent jurisdiction determine that the Contractor cannot charge and/orincrease its Rates for charges related to Franchise Fees and governmental fees and charges, Contractor shall reduce the Rates it charges Customers a corresponding amount, providing said fees, reimbursements, Rates and/or charges disallowed bythe court are not related to the cost of providing service hereunder and had been incorporated in the Rates charged by ign Contractor to its Customers.
1912
1913
1914
Nothing herein is intended to imply that California Constitution, Articles XIIIC or XIIID, apply to the Rates established for services provided under this Agreement; rather this Section is provided merely to allocate risk of an adverse judicial interpretation between the Parties. 1915
1916
1917
1918
1919
1920
1921
1922
CalPERSEligibilitylndemnification. Contractor'semployees,agents,orSubcontractorsproviding service under this Agreement shall not: (i) qualify for any compensation and benefit under CalPERS; (ii) be entitled to any benefits under CalPERS; (iii) enroll in CalPERS as an employee of City; (iv) receive any employer contributions paid by City for CalPERS benefits; or (v) be entitled to any other CalPERS-related benefit that would accrue to a City employee. Contractor's employees, agents, or Subcontractors hereby waive any claims to benefits or compensation described in this Section 9.1. This Section 9.1 applies to Contractor notwithstanding any other agency, State or Federal policy, rule, regulation, law, or ordinance to the contrary. 1923
1924
1925
1926
1927
1928
1929
If Contractor"s employees, agents, or Subcontractors providing services under this Agreement claim, or are determined by a court of competent jurisdiction or the California Public Employees Retirement System ("CalPERS") to be eligible for enrollment in CalPERS of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for CalPERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.
1930
1931
1932
1933
1934
1935
1936
Contractor's Compensation underthis Agreement shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and Subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor's officers, employees, agents, and Subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to City employees. The City will not make any Federal or State tax withholdings on behalf of Contractor. The City shall not be required to pay any workers" compensation insurance on behalf of Contractor.
1937
1938
1939
1940
1941
Contractor agrees to defend and indemnify the City for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to CalPERS, social security, salary or wages, overtime payment, or workers' compensation payment which the City may be required to make on behalf of (1) Contractor, (2) any employee of Contractor, or (3) any employee of Contractor construed to be an employee of the City, for work performed under this Agreement. 1942 9.2 INSURANCE
1943
1944
A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times during the Term of this Agreement not less than the following coverage and limits ofinsurance:
1945 B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times 1946 maintain, at its expense, the following coverages and requirements. Failure to maintain the July 12, 2022 Page 50 City of South Gate
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1947
1948
1949
identified insurance requirements during the entire Term of this Agreement shall constitute an event of default subject to Section 11.1(C). The comprehensive general liability insurance shall include broad form property damage insurance.
1950 1. Minimum Coverages. Insurance coverage shall be with limits not less than the following:
1951
1952
Comprehensive General Liability - SI0,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 1953
1954
Automobile Liability - !>10,000,000 combined single limit per accident for bodily injury and property damage (include coverage for Hired and Non-owned vehicles). 1955
1956
Workers' Compensation - Statutory Limits/Employers' Liability - 51,000,000/accident for bodily injury or disease.
1957
1958
Employee Blanket Fidelity Bond - !>500,000 per employee loss covering dishonesty, forgery, alteration, theft, disappearance, and destruction (inside or outside). 1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
Pollution Liability-!>10,000,000 perloss and annual aggregate applicable to bodilyinjury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party cleanup of the City's property and third-party cleanup, and bodily injury costs if pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to acts, errors or omissions arising out of, or in connection with, Contractor's scope of work under this Agreement. Coverage shall also apply to non-owned deposit sites ("NODS") that shall protect against, for example, claims regarding bodily injury, property damage, and/or cleanup costs involving NODS. Coverage is preferred by the City to be occurrence based.
However, if provided on a claims-made basis, Contractor warrants that any retroactive date applicable to coverage under the policy precedes the Effective Date of this Agreement, and that continuous coverage shall be maintained, or an extended discovery period will be exercised through completion or termination of this Agreement for a minimum of five (5) years. This provision does not limit or alter any rights or remedies to City allowable under this Agreement and/or Applicable Law in perpetuity. 1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
Technology Professional Liability Errors and Omissions Insurance (Cyber Liability) appropriate to the Contractor's profession and industry practice, with limits not less than S2,000,000 per occurrence. Coverage for cyber risks shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor under this Agreement and shall include, but not be limited to claims involving infringement ofintellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response notification and remediation costs, regulatory fines and penalties, credit monitoring expenses, electronic funds transfer losses, electronic data restoration expenses, and business interruption costs with limits sufficient to respond to these obligations, in the sole discretion of the City's Risk Manager.
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1989
1990
1991
2. Additional Insured. City, its officers, agents, employees, and volunteers shall be named as additional insured on all but the workers" compensation and professional liability coverages.
1992
1993
1994
1995
1996
1997
1998
1999
2000
3. Said policies shall remain in force through the life of this Agreement and, with the exception of pollution liability coverage, shall be payable on a "per occurrence" basis unless City's Risk Manager specifically consents in writing to a "claims made" basis. For all "claims made" coverage, if the Contractor changes insurance carriers Contractor shall purchase "tail" coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than three (3) years thereafter, except for the five (5) year tail of Pollution Liability Coverage as described above. Proof of such "tail" or other continuous coverage shall be required at any time that the Contractor changes to a new carrier prior to receipt of any payments due.
2001
2002
2003
2004
4. The Contractor shall declare all aggregate limits on the coverage before commencing performance of this Agreement, and City"s Risk Manager reserves the right to require higher aggregate limits to ensure that the coverage limits required for this Agreement as set forth above are available throughout the performance of this Agreement. 2005
2006
5. The deductibles or self-insured retentions are for the account of Contractor and shall be the sole responsibility of the Contractor.
2007
2008
2009
2010
2011
6. Each insurance policy shall provide or be endorsed to state that coverage shall not be suspended, voided, canceled by either Party, reduced in coverage or in limits except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to the City Manager ten (10) Business Days for delinquent insurance premium payments).
2012
2013
2014
2015
2016
7. Insurance must be placed with insurers with a current A.M. Best"s rating of no less than A-Vll, or with a surplus line carrier appearing on the List of Approved Surplus Linelnsurers, ("LASLI") with a Best's Key Rating Guide of at least A: X. Insurers, and corresponding policies required by this Section, must also comply with all other aspects of City Council Policy # 70.
2017
2018
8. The policies shall cover all activities of Contractor, its officers, employees, agents and volunteers arising out of orin connection with this Agreement. 2019
2020
2021
2022
9. For any claims relating to this Agreement, the Contractor's insurance coverage shall be primary, including as respects City, its officers, agents, employees, and volunteers. Any insurance maintained by City shall apply in excess of, and not contribute with, insurance provided by Contractor's liability insurance policy. 2023
2024
10. The Contractor shall waive all rights of subrogation against City, its officers, employees, agents, and volunteers.
2025
2026
2027
C. Endorsements. Prior to the Effective Date pursuant to this Agreement, Contractor shall furnish City Manager with certificates or original endorsements reflecting coverage required by this Agreement. The certificates or endorsements are to be signed by a Person authorized by that July 12, 2022 Page 52 City of South Gate
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2028
2029
insurer to bind coverage on its behalf. All certificates or endorsements are to be received by, and are subject to the approval of, City Risk Manager before work commences. 2030
2031
2032
2033
2034
D. Renewals. During the Term of this Agreement, Contractor shall furnish City Manager with certificates or original endorsements reflecting renewals, changes in insurance companies, and any other documents reflecting the maintenance of the required coverage throughout the entire Term of this Agreement. The certificates or endorsements are to be signed by a Person authorized by that insurer to bind coverage on its behalf.
2035
2036
2037
E. No Cap on Indemnity. The minimum amounts of coverage described in this Section 9.2 will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement.
2038
2039
F. Workers' Compensation. Contractor shall provide workers" compensation coverage as required by State law and shall comply with Section 3700 of the State Labor Code. 2040 9.3 FAITHFUL PERFORMANCE BOND
2041
2042
2043
2044
2045
2046
2047
2048
Within fifteen (15) days of the execution of this Agreement, Contractor shall deliver to City a performance bond in the sum ofthe amount of Five Hundred Thousand Dollars (S500,000i similarto the form provided in Exhibit H, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force (through annual renewals) until released in accordance with Section 9.7.
2049 9.4 FAITHFUL PERFORMANCE LETTER OF CREDIT
2050
2051
2052
2053
2054
2055
2056
In addition to a faithful performance bond as noted in Section 9.3 above, Contractor shall furnish an irrevocable letter of credit in the amount of Five Hundred Thousand Dollars (S500,000), from a financial institution acceptable to the City and in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Contractor and shall remain in force until released in accordance with Section 9.7. Alternatively, Contractor may furnish an irrevocable letter of credit in the amount of one million dollars (51,000,000) in lieu of the separate letter of credit of 5500,000 and separate performance bond of 5500,000 described in Section 9.3. 2057 9.5 FORFEITURE OF PERFORMANCE BOND
2058
2059
2060
2061
2062
2063
In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City, forfeited to the City. Upon partial or full fofeiture of the performance bond, Contractor shall restore the performance bond to its face amount within 30 days of the City's declaration. Failure to restore the performance bond to its full amount within 30 days shall be a material breach of the Agreement.
2064 9.6 FORFEITURE OF LETTER OF CREDIT
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2066 owing under this Agreement, City may draw upon the LOC for purposes including, but not limited to:
2067
2068
a. Payment of sums due under the Terms of this Agreement which Contractor has failed to timely pay to City
2069
2070
b. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Contractor, including but not limited to the Liquidated Damages described in Section 11.6. 2071
2072
2073
City may draw upon the entire LOC and convert it to a cash deposit if Contractor fails to cause the LOC to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the Term hereof.
2074 9.7 PERFORMANCE SECURITY BEYOND SERVICE TERM 2075
2076
2077
2078
2079
2080
2081
Some Agreement requirements extend beyond the Term of this Agreement and will not be substantiated until after the final service date. Therefore, the Contractor shall not terminate the performance bond or letter of credit and will renew them to ensure continuous availability to the City, until receiving a written release from the City. City will provide such a release when City, in its reasonable judgment, is fully satisfied that all requirements have been met. However, permission from the City to discontinue holding these performance securities does not relieve Contractor of payments to the City that may be due or may become due.
2082
2083
2084 10.1 GENERAL
ARTICLE 10
CITY'S RIGHT TO PERFORM SERVICE
2085
2086
2087
2088
2089
2090
2091
2092
2093
2094
2095
2096
2097
In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, Recycle, Process, Transport or Dispose of any or all Discarded Materials which it is required by this Agreement, at the time and in the manner provided in this Agreement, for a period of more than two (2) Business Days, excluding Saturday, Sunday and Holidays defined in Exhibit A, and if, as a result thereof, Discarded Materials should accumulate in City to such an extent, in such a manner, or for such a time that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to Contractor during the period of such emergency as determined by City, (1) to perform, or cause to be performed, such services itself with its own or other personnel without liability to Contractor; and/or (2) to take possession of any or all of Contractor's land, equipment, and other property used or useful in the Collection and Transportation of Discarded Materials, and to use such property to Collect and Transport any Discarded Materials generated within City which Contractor would otherwise be obligated to Collect, Transport, and properly Dispose of or Process pursuant to this Agreement.
2098
2099
2100
2101
Notice of Contractor's failure, refusal or neglect to Collect, Transport and properly Dispose of or Process Discarded Materials may be given orally by telephone to Contractor at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Contractor within one Business Day, excluding Saturday, Sunday and Holidays defined in Exhibit A of the oral notification. 2102 Contractorfurtheragreesthatinsuchevent:
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2103
2104
a. It will take direction from City to affect the transfer of possession of equipment and property to City for City's use, or for use by any Person or entity designated by the City. 2105
2106
2107
b. It will, if City so requests, keep in good repair and condition all of such equipment and property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition. 2108
2109
2110
2111
2112
2113
2114
c. City may immediately engage all or any personnel, including 3rd parties not directly employed by the City, necessary or useful for the Collection and Transportation of Discarded Materials, including, if City so desires, employees previously or then employed by Contractor. Contractor further agrees, if City so requests, to furnish City the services of any or all management or office personnel employed by Contractor whose services are necessary or useful for Discarded Materials Collection, Transportation, Processing and Disposal operations and for the Billing and collection of fees for these services.
2115
2116
City agrees that it assumes complete responsibility for the proper and normal use of such equipment and Facilities while in its possession.
2117
2118
2119
2120
If the interruption or discontinuance in service is caused by any of the reasons listed in Section 11.7, City shall pay to Contractor the reasonable rental value of the equipment and Facilities, possession of which is taken by City, for the period of City's possession, if any, which extends beyond the period of time for which Contractor has rendered bills in advance of service, for the class of service involved. 2121 10.2 TEMPORARY POSSESSION OF CONTRACTOR'S PROPERTY 2122
2123
2124
2125
If City suffers an interruption or discontinuance of service (includinginterruptions and discontinuance due to events described in Section 11.7), City may take possession of and use all of Contractor's property described above until other suitable arrangements can be made for the provision of Discarded Materials Services which may include the grant of a Franchise to another waste hauling company. 2126 10.3 BILLING AND COMPENSATION TO CITY DURING CITY'S POSSESSION 2127
2128
2129
2130
2131
2132
2133
2134
During such time that City is providing Discarded Materials services, as above provided, Contractor shall bill and Collect payment from all users of the above-mentioned services as described in Section 4.6.
Contractor further agrees that, in such event, it shall reimburse City for any and all costs and expenses incurred by City beyond that billed and received by City in taking over possession of the above-mentioned equipment and property for Discarded Materials service in such manner and to an extent as would otherwise be required of Contractor under the Terms of this Agreement. Such reimbursement shall be made from time to time after submission by City to Contractor of each statement listing such costs and expenses, but in no event later than five (5) Business Days from and after each such submission. 2135 10.4 CITY'S RIGHT TO RELINQUISH POSSESSION
2136
2137
2138
2139
It is further mutually agreed that City may at any time at its discretion relinquish possession of any or all of the above-mentioned property to Contractor and thereupon demand that Contractor resume the Discarded Materials services as provided in this Agreement, whereupon Contractor shall be bound to resume the same.
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2140 10.5 CITY'S POSSESSION NOT A TAKING
2141
2142
2143
2144
2145
2146
2147
2148
Except as otherwise expressly provided in the previous paragraph, City's exercise of its rights under this Article (1) does not constitute a taking of private property for which compensation must be paid, (2) will not create any liability on the part of City to Contractor, and (3) does not exempt Contractor from any of the indemnity and insurance provisions of this Agreement, which are meant to extend to circumstances arising under this Section provided that the Contractor is not required to indemnify the City against claims and damages arising from the sole negligence of the City, its elected and appointed officials, boards, commissions, officers, employees and agents in the operation of Collection vehicles during the time the City has taken possession of such vehicles.
2149 10.6 DURATION OF CITY'S POSSESSION
2150
2151
2152
2153
2154
2155
City's right pursuant to this Article to retain temporary possession of Contractor's Facilities and equipment, and to render Collection services, shall terminate when City determines that such services can be resumed by Contractor, or when City no longer reasonably requires such property or equipment. In any case, City has no obligation to maintain possession of Contractor's property or equipment and/or continue its use for any period of time and may at any time, in its sole discretion, relinquish possession to Contractor.
2156 10.7 DISASTERPREPAREDNESSPLAN
2157
2158
2159
2160
2161
2162
2163
2164
2165
2166
Within twelve (12) months of the Effective Date, Contractor shall, with City assistance, prepare a written plan detailing how Discarded Materials services will be delivered in a time of emergency or natural disaster. For the plan, City shall provide Contractor with a written list of critical Facilities being those Facilities that the City deems in need of special consideration in a time of emergency because they are critical to City's emergency response, of priority to the need of the community and/or represent a public health risk to the community. Contractor"s written plan shall contain a protocol for contacting Contractor management in the event of an emergency, an overview of Contractor's resources available for emergency response, a plan for Collection, Disposal, and Recycling of Discarded Materials generated by critical Facilities until the time of emergency passes and a plan for resuming normal operations following an emergency.
2167
2168
2169
2170
In the event of a disaster, the City may grant Contractor a waiver of some or all Collection requirements under this Agreement and 14 CCR, Division 7, Chapter 12, Article 3 in the disaster-affected areas for the duration of the waiver. Any resulting changes in Collection requirements shall be addressed as a change in scope in accordance with Section 3.5.
2171
2172
ARTICLE 11.
DEFAULT AND REMEDIES
2173 11.I EVENTS OF DEFAULT
2174
2175
All provisions of the Agreement are considered material. Each of the following shall constitute an event of default.
2176 A. Fraud or Deceit. Contractor practices, or attempts to practice, any fraud or deceit upon the City. 2177 B. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its debts, or July 12, 2022 Page 56 City of South Gate
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2178 upon listing of an order for reliefin favor of Contractorin a bankruptcy proceeding. 2179
2180
2181
C. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force the workers' compensation, insurance coverage required by Section 9.2, or indemnification coverage as required by this Agreement.
2182
2183
2184
2185
2186
D. Violations of Regulation. Contractor violates any orders or filings of any regulatory body having authority over Contractor relative to this Agreement, which violation the City reasonably determines is material. If Contractor contests any such orders or filings by appropriate proceedings conducted in good faith, and the regulatory body determines no violation occurred, no breach or default of this Agreement shall be deemed to have occurred. 2187
2188
E. Violations of Applicable Law. Contractor violates Applicable Law relative to this Agreement, which violation the City reasonably determines is material. 2189
2190
2191
F. Failure to Perform Direct Services. Contractor ceases to provide Collection, Transportation, or Processing services as required under this Agreement for a period of two (2) consecutive calendar days or more, for any reason within the control of Contractor. 2192
2193
2194
2195
G. Failure to Pay or Report. Contractor fails to make any payments to City required under this Agreement including payment of City Fees or Liquidated Damages and/or refuses to provide City with required information, reports, and/or records in a timely manner as provided for in the Agreement.
2196
2197
2198
2199
2200
2201
H. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, or requirements of this Agreement, or Applicable Law and which is not corrected or remedied within the time set in the written notice of the violation. Additionally, an event of default occurs if Contractor cannot reasonably correct or remedy the breach within the time set forth in a notice of violation, or if Contractorfails to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. 2202
2203
2204
2205
2206
2207
2208
2209
i. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to the City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. Additionally, a default occurs if any Contractor-provided report contains a misstatement, misrepresentation, data manipulation, or an omission of fact or content explicitly defined by the Agreement, excepting non-numerical typographical and grammatical errors.
2210
2211
2212
J. Seizure or Attachment. There is a seizure of, attachment of, or levy on, some or all of Contractor"s operating equipment, including without limits its equipment, maintenance or office facilities, Approved Facility(iesl or any part thereof.
2213
2214
2215
2216
K. Suspension or Termination of Service. There is any termination or suspension of the transaction of business by Contractor related to this Agreement, including without limit, due to labor unrest including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action lasting more than two (2) calendar days.
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2217
2218
2219
L. Criminal Activity. Contractor, its officers, managers, or employees are found guilty of criminal activity related directly or indirectly to performance of this Agreement or any other agreement held with the City.
2220
2221
2222
M. Assignment without Approval. Contractor transfers or assigns this Agreement without the expressed written approval of the City unless the assignment is permitted without City approval pursuant to Section 13.6.
2223
2224
2225
N. Failure to Provide Proposal or Implement Change in Service. Contractor fails to provide a proposal for new services or changes to services or fails to implement a change in service as requested by the City as specified in Section 3.5. 2226
2227
0. Failure to Complete Transition. Contractor fails to complete the tasks identified in Contractor's Implementation Plan.
2228
2229
2230
P. Failure to Implement Collection Program. Contractor fails to implement a Collection program that complies with the requirements of Article 4 and Exhibit B, which is essential for the City to achieve compliance with SB 1383.
2231 Q.
2232
2233
Failure to Provide Processing Capacity. Contractor fails to provide adequate Processing capacity in accordance with Articles 4 and 5, which is essential for the City to achieve compliance with SB 1383.
2234
2235
2236
R. Failure to Achieve Processing Standards. Contractor fails to achieve the Processing standards specified in Articles 4 and 5 including achievement of minimum Organic Waste recovery rates, which are essential for the City to achieve SB 1383 compliance. 2237
2238
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S. Failure to Comply with Other Requirements of SB 1383. Contractor fails to comply with other requirements of the Agreement including, but not limited to, public education, reporting, contamination monitoring, recordkeeping and reporting, or other obligations of this Agreement that delegate the City's responsibility and/or authority under SB 1383 to the Contractor. 2241
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T. Failure to Perform Any Obligation. Contractor fails to perform any obligation established under this Agreement, which the City reasonably determines is material. 2243
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City shall provide Contractor written notice of default within seven (7) calendar days of the City's first knowledge of the Contractor's default.
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11.2 CONTRACTOR'SRIGHTTOCURE;RIGHTTOTERMINATEUPONEVENTOF
DEFAULT
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Contractor shall be given two (2) Business Days from written notification by the City Manager to cure any default which, in the City Manager's sole opinion, creates a potential public health and safety threat. 2249
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Contractor shall be given two (2) Business Days from written notification by the City Manager to cure any default arising under subsections C, D, E, F, G, J, K, N, 0, P, Q, R, S, and Tin Section 11.1. However, the City shall not be obligated to provide Contractor with a notice and cure opportunity if the Contractor has committed the same or similar breach/default within a twenty-four (24) month period. It is expressly understood that Contractoris not entitled to receive notice of default, orto cure such default, with respect July 12, 2022 Page 58 City of South Gate
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Contractor shall be given thirty (30) calendar days from written notification by the City Manager to cure any other default (which is not required to be cured within two (2) Business Days). Furthermore, if Contractor cannot reasonably cure a default within the applicable period described in this Section, except for defaults that create a potential health and safety threat, and Contractor promptly commences the cure or remedy within the initial cure period and thereafter diligently pursues the cure or remedy to completion, Contractor shall not be in default of this Agreement. However, the City shall not be obligated to provide Contractor with a notice and cure opportunity if the Contractor has committed the same or similar breach/default within a twenty-four (24) month period. 2263 '11.3 CITY'S REMEDIES IN THE EVENT OF DEFAULT 2264 Upon Contractor's default, City has the following remedies in the event of Contractor default:
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A. Waiver of Default. City may waive any event of default or may waive Contractor's requirement to cure a default event if City determines that such waiver would be in the best interest of the City. City's waiver of an event of default is not a waiver of future events of default that may have the same or similar conditions.
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B. Suspension of Contractor's Obligation. City may suspend Contractor"s performance of its obligations if Contractor fails to cure default in the time frame specified in Section 11.2 until such time the Contractor can provide assurance of performance in accordance with Section 11.8. 2272
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C. Liquidated Damages. City may assess Liquidated Damages for Contractor's failure to meet specific performance standards pursuant to Section 11.6.
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D. Termination. The City Manager may, in their sole discretion, set a public hearing for the City Council to determine whether to terminate this Agreement. Subject to Contractor"s right to cure as described in Section 11.2, such termination hearing must be set if a default remains uncured thirty (30) calendar days after receipt of written notice of default from the City. Such termination hearing must also be set if a Contractor's default is not cured within two (2) calendar days and the default:
1. Creates a potential public health and safety threat; or
2. Arises under Section 11.1. C, D, E, F, G, J, K, N, 0, P, Q, R, S, and T. 2282
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If the City terminates this Agreement based on the adopted findings of the termination hearing, the City Manager shall first provide written notice to the Contractor twenty (20) calendar days before the date of termination. The Contractor shall thereafter be relieved on a going-forward basis of all liabilities and obligations required by this Agreement, except for Section 9.1 and any other provisions specifically identified to survive termination of this Agreement. Upon expiration of the twenty (20) day notice, the City may, in its sole discretion:
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1. Directly undertake performance of the services; or
2. Arrange with other Persons to perform the services with or without a written agreement; or
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3. PermitContractortocontinueoperatingunderthisAgreementincluding Contractor's Compensation until such time that City is able to find substitute services.
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This right of termination is in addition to any other rights upon a failure of Contractor to perform its obligations under this Agreement.
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Contractor shall not be entitled to any further revenues from Collection operations authorized hereunder from and after the date of termination. 2298
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E. Other Available Remedies. City's election of one (1) or more remedies described herein shall not limit the City from any and all other remedies at law and in equity including injunctive relief, etc. 2300 11.4 POSSESSION OF RECORDS UPON TERMINATION
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In the event of termination for an event of default, the Contractor shall furnish City Manager with immediate access to all of its business records, including without limitation, Proprietary Contractor computer systems, related to its Customers, Collection routes, and billing of accounts for Collection services.
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City's rights to terminate the Agreement under Section 11.2 and to take possession of the Contractor's records under Section 11.4 are not exclusive, and City's termination of the Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies which City may have. 2310
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By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-quality service; the lead time required to effect alternative service; and, the rights granted by City to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive relief (including but not limited to specific performance). 2314 I 1.6 PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES 2315
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A. General. The Parties find that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that exclusive services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.
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B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties further acknowledge that consistent, reliable Collection services are of utmost importance to City and that City has considered and relied on Contractor's representations regarding its quality-of- service commitment in awarding the Agreement to it. The Parties recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards or fails to submit required documents in a timely manner, City and its residents and businesses will suffer damages, and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Section, the Parties agree that the Liquidated Damages amounts established in this Section of this Agreement and the Liquidated Damage amounts therein represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the Effective Date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical.
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Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth below:
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1. Collection Reliability
a) For each failure to commence service to a new Customer account within seven (7) days afterorder: Sl00.00peroccurrence
b) For each failure to Collect Discarded Materials, which has been properly set out for Collection: Sl00.00peroccurrence
c) For each failure to correct and Collect a missed service within the timeframe set forth in Section4.7.3.B: !>l00.00peroccurrence;
each additional twenty-four (24) hour period: S50.00 per occurrence.
2. Collection Quality
a) For failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments or to place Containers upright which exceeds ten (10) Containers annually:
550.00 per Container
b) For each occurrence of excessive noise or discourteous behavior:
S100.OO per occurrence
c) For each occurrence of Collecting Discarded Materials during unauthorized hours:
SIOO.OO per occurrence
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d) For each occurrence of damage to private
occurrences annually:
property which exceeds five (5) such
!>100.00 per occurrence
e) For each failure to clean up Discarded Materials spilled from Collection Containers within ninety (90) minutes: !>100.00 per occurrence
f) ForeachfailuretocleanupvehicleleaksorspillswithinthetimeframerequiredbySection
5.5.E: 5500peroccurrence
g) For each failure follow the cleanup procedures included in Section 5.5.E:
S500 per square foot of affected area
3. Customer Responsiveness
a) For each failure to initially respond to a Customer Complaint within one (1) Business Day (excluding Saturday, Sunday and Holidays listed in Section 4.7.1), and for each additional day in which the Complaint is not addressed, which exceed five (5) annually:
550.00 per day
b) For each failure to process Customer Complaints as required by Article 5, which exceed five (5) annually: S50.00 per occurrence
c) For each failure to record a response to a Customer Complaint or request within twenty- four (24) hours of resolution: S100.OO per occurrence For each additional twenty-four (24) hour period: S50.00 per occurrence d) ForeachfailuretoremovegraffitifromContainers,ortoreplacewithContainersbearing no graffiti, within two (2) Business Days (excluding Saturday, Sunday and Holidays defined in Exhibit A) of request from City or Customer: S 50.00 per day For each additional day problem not resolved: !>25.00 per day e) For each failure to repair or replace a damaged or missing Container within two (2) Business Days (excluding Saturday, Sunday and Holidays defined in Exhibit A) of request from City or Customer: 5 50.00 per day
f) For each failure to process a claim for damages within thirty (30) days from the date submitted to Contractor: !>100.00 per occurrence
g) For each failure to issue a warning notice to a Container or materials not Collected due to improper set out which exceeds ten (10) such occurrences annually:
SIOO per day per occurrence
4. Failure to Submit Reports or Allow Access to Records For each failure to submit any individual report or provide access to records in compliance with and in the timeframe specified in this Agreement. Incomplete and/orinaccurate reports July 12, 2022 Page 62 City of South Gate
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shall be considered a failure to submit until such time as all information in the report has been provided in a complete and accurate form. In the event City determines a report to be errant or incomplete more than ten (10) Business Days after submittal by Contractor, Contractor shall be given ten (10) Business Days to complete and correct and any pending Liquidated Damages shall be tolled during that period.
a) Monthly Reports:
550 per day
b) Quarterly Reports: S50 per day
c) Annual Reports: !>100 per day
5. Accuracy of Billing
a) Each Customer invoice that is not prepared in accordance with the City's approved rate schedule, in excess of ten (10) annually:
S25 per invoice not to exceed 52,500 per Billing run b) For each instance or invoice in which Contractor imposes a special service fee not in accordance with the approved rate schedule and not approved in advance in writing by City, or not requested by the service recipient which exceeds ten (10) such occurrences Blll-lually: !>50peroccurrence
c) Failure to provide a Customer with a response, including an explanation and/or correction, to a Billing Complaint within seven (7) Business Days from the Complaint:
5100.00 per occurrence
Each additional day response not provided:550.00
6. Public Education and Outreach
a) Failure to perform public education and outreach activities:
1 st violation - 550 per occurrence
2 nd violation - 5100 per occurrence
3 rd and subsequent violations - !>250 per occurrence
7. Cooperation with Service Provider Transition
a) For each day routing information requested by City in accordance with Section 13.10 is received after City-established due dates, both for preparation of a request for proposals and for new service provider's implementation of service : 51,000/day b) For each day delivery of keys, access codes, remote controls, or other means of access to Discarded Materials Containers is delayed beyond one (1) day prior to new service provider servicing Customers with access issues, aS described in Section 13.10:
51,000/dad
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c) For delay in not meeting the requirements contained in Section 13.10 in a timely manner, in addition to the daily Liquidated Damages for breach under 7(a) and 7(b) above, LiquidatedDamagesof: S20,000
8. Diversion Efforts
For each Rate Period (January 1, 2023 to December 31,2024, considered the first Rate Period) in which Contractor fails to provide support to the City within thirty (30) days of year-end, documenting that it Diverted at least 36% of the Discarded Materials Contractor Collected under this Agreement per Section 5.12:
S25 for each Ton below Tonnage level necessary to meet 36% Diversion goal
9. SB 1383 Requirements
a) Use of Unauthorized Facilities. For each individual occurrence of delivering Discarded Materials to a Facility other than an Approved Facility(ies) for each Discarded Material type under this Agreement.
1 st violation - !>50 per Ton per offence
2 nd violation - 5100 per Ton per offence
3 rd and subsequent violations - S250 per Ton per offence b) Failure to Implement three- /three-plus Container System. For each occurrence of failing to provide Customers with the three- /three-plus Container system required by and compliant with SB 1383 excluding Generators and Customers granted waivers pursuant to this Agreement and excludinB Generators and Customers that demonstrate compliance with Recycling and Organic Waste Self-Hauling requirements pursuant to Chapter 3.20.180 of the Chino Hills Municipal Code and 14 CCR Division 7, Article 12, Article 7. Minor, moderate and major violations have the same meaning as defined in 14 CCR Section 18997.3
Damages are per Generator or Customer per occurrence:
5500 - Minor violation
54,000 - Moderate violation
S7,500 - Major violation
c) Failure of the Approved High Diversion Organic Waste Processing Facility to Achieve Recovery Requirements. [lnclude only if Gray/Black Container Processing is required for the selected Collection system.] For each Ton of Mixed Waste received at the Facility in a quarterly reporting period when the quarterly average Mixed Waste organic content recovery rate is lower than required by 14 CCR Section 18982(a)(33). Liquidated damages are assessed in the quarterly reporting period when the failure occurred. 1 st violation - 550 per Ton per offence
2 nd violation - !>100 per Ton per offence
3 rd and subsequent violations - S250 per Ton per offence d) Failure of Approved Facility(ies) to Meet Limits on Incompatible Materials (if Applicable).
For each Ton of Mixed Waste, Source Separated Recyclable Materials Source Separated Blue Container Organic Waste, Source Separated Green Container Organic Waste, or July 12, 2022 Page 64 City of South Gate
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Organic Materials received at the Facility(ies) in a quarterly reporting period when Organic Waste recovered after Processing exceeds Incompatible Material thresholds included in SB 1383 if limits on Organic Waste in materials sent to Disposal apply.
Liquidated damages are assessed in the quarterly reporting period when the failure occurred.
1 st violation - 550 per Ton per offence
2 nd violation - SIOO per Ton per offence
3 rd and subsequent violations - S250 per Ton per offence e) Failure of Approved Facility(ies) to Meet Limits on Organic Waste in Materials Sent to Disposal. For each Ton of Mixed Waste, Source Separate Recyclable Materials, Source Separated Blue Container Organic Waste, Source Separated Green Container Organic Waste, or Organic Materials received at the Facility(ies) in a quarterly reporting period when Organic Waste in the materials sent to Disposal exceeds the thresholds included in SB 1383 iflimits on Organic Waste in materials sent to Disposal apply. Liquidated damages are assessed in the quarterly reporting period when the failure occurred. 1 st violation - 550 per Ton per offence
2 nd violation - 5100 per Ton per offence
3 rd and subsequent violations - !;250 per Ton per offence f) Failure to Perform Contamination Monitoring Requirements. For each failure to conduct contamination monitoring in accordance with Section 4.10 of this Agreement. [Amend depending on selected method
1 st violation - S50 per route per occurrence or per waste evaluation per occurrence 2 nd violation - !>100 per route per occurrence or per waste evaluation per occurrence 3 rd and subsequent violations - S250 per route per occurrence or per waste evaluation per occurrence
g) FailuretoComplywithContainerLabelingandColors.ForeachoccurrenceofContractor"s failure to comply with Container labeling and color requirements pursuant to SB 1383. 1 st violation - S50 per Container occurrence
2 nd violation - !>100 per Container occurrence
3 rd and subsequent violations - S250 per Container occurrence h) Failure to Conduct Compliance Tasks. For each failure to conduct any compliance review, Discarded Materials evaluations pursuant to SB 1383, and/or other inspection required by this Agreement.
1 st violation - S50 per occurrence
2 nd violation - !>100 per occurrence
3 rd and subsequent violations - S250 per occurrence i) Failure to Issue Contamination Notices. For each failure of Contractor Collection personnel to issue contamination notices and contaminating processing fee notices and maintain documentation of issuance as required by Section 4.10 of this Agreement. 1 st violation - 550 per route per day
2 nd violation - 5100 per route per day
3 rd and subsequent violations - S250 per route per day July 12, 2022 Page 65 City of South Gate
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j) Failure to Conduct Follow-Up Inspections. For each failure to conduct a follow-up inspection as required by Section 4.10 of this Agreement. 1 st violation - S50 per occurrence
2nd violation - SIOO per occurrence
3 rd and subsequent violations - !;250 per occurrence k) Failure to Maintain and/or Provide Access to Information Systems 5500 per day
10. New Collection Vehicles
a) Failure to utilize Collection vehicles at all times that are all model year 2021 or later commencing January 1, 2023, in accordance with Section 5.5.A.1.
Sl,000 per non-compliant Collection vehicle per month for the first 12 months 53,000 per non-compliant Collection vehicle per month after the first 12 months Commencing January 1, 2024, the use of any non-compliant Collection vehicles shall be deemed a material breach of this Agreement
11. General Contract Adherence
For each day that Contractor fails to provide services required under the Agreement, or comply with terms of the Agreement, five (5) Business Days after receipt of written notification from City that such services are not being provided or terms are not being met: 9100.00/day 2588
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Before assessing Liquidated Damages, City Managershall give Contractor notice ofCity"s intention to do so. The notice will include a brief description of the incident(s) and non-performance. City Manager may review (and make copies at City's own expense) all information in the possession of Contractor relating to incident(s) and/or non-performance. City Manager may, within ten (10) Business Days after issuing the notice, request a meeting with Contractor. City Manager may present evidence of non-performance in writing and through testimony of City's employees and others relevant to the incident(s) and non-performance. City Manager will provide Contractor with a written explanation of their determination on each incident(s) and non-performance prior to authorizing the assessment of Liquidated Damages under this Section 11.6. The decision of City Manager may be appealed by Contractor to the Deputy City Manager. 2598
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C. Amount. City may assess Liquidated Damages for each calendar day or event, as appropriate, that Contractor is determined to be )iable in accordance with this Agreement. 2600
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D. Timing of Payment. Contractor shall pay any Liquidated Damages assessed by City within ten (10) daysaftertheyareassessed. Iftheyarenotpaidwithintheten(10)dayperiod,Citymayproceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement pursuant to Section 11.1, or both. 2604 11.7 EXCUSEFROMPERFORMANCE
2605 The Parties understand and agree herein that the services provided under this Agreement are critical to 2606 the protection of public health and safety and that Contractor is expected to perform these services July 12, 2022 Page 66 City of South Gate
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despite the occurrence of events that may otherwise give rise to Force Majeure conditions. The Parties herein agree that the obligations for excuse from performance under this Agreement should and do have a higher standard than the common law understanding of Force Majeure. In particular, a Party shall be excused from performing their obligations hereunder and from any obligation to pay Liquidated Damages if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any domestic government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder (excluding COVID-19 or similar pandemic). However, performance shall only be excused If the Party requesting relief from performance can specifically demonstrate that the performance of a specific obligation is impossible and shall only be excused from those requirements which are demonstrated to be impossible. All other performance obligations that remain possible, shall be required to continue.
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Contractor shall provide a contingency plan to the City prior to the execution of this Agreement demonstrating how services will be provided during the period impacted by COVID-19 or similar pandemic. The contingency plan is subject to City approval and Contractor shall amend the plan until it meets City requirements, including reasonably demonstrating how City's basic Collection and sanitary needs will be met to the City's satisfaction. This provision shall not, however, release the Contractor from using its best efforts to avoid or remove such cause and continue performance hereunder whenever such causes are removed.
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In the case of labor unrest or job action directed at a third party over whom Contractor has no control, the inability of Contractor to provide services in accordance with this Agreement due to the unwillingness or failure of the third party to: (i) provide reasonable assurance of the safety of Contractor's employees while providing such services; or, (ii) make reasonable accommodations with respect to Container placement and point of Delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of Persons necessary to make Collections shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Contractor's cooperation in performing Collection services at different times and in different locations. Further, in the event of labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by the Contractor's employees or directed at the Contractor, or a subsidiary, the Contractor shall not be excused from performance. In such case, Contractor shall continue to provide a reasonably satisfactory level of performance during the pendency thereof, but the Contractor shall not be required to adhere strictly to the specific requirements of this Agreement regarding routes, Collection times orsimilar matters; provided, however, that in no event shall more than seven (7) calendar days elapse between pickups for Residential and Commercial Customers. Any labor action initiated by Contractor, including but not limited to a lock-out, shall not be grounds for any excuse from performance and Contractor shall perform all obligations under this Agreement during the pendency of such Contractor-initiated labor action.
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The Party claiming excuse from performance shall, within two (2) calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section.
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If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby.
2649 The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or more July 12, 2022 Page 67 City of South Gate
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of the events described in this Article shall not constitute a default by Contractor under this Agreement.
Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunderfor any ofthe causes listed in this Section for a period ofthirty (30) calendar days or more, City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) Business Days" notice to Contractor, in which case the provisions of Section 11.4 shall apply. 2655 11.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE 2656
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The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those members of the public residing or doing business within City who will be adversely affected byinterrupted waste management service, that there be no material interruption in services provided under this Agreement.
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If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes in good faith that Contractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as City believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default for purposes of Section 11.1. 2671 11.9 DISPUTE RESOLUTION
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In the event of dispute between the City Manager and the Contractor regarding the interpretation of or the performance of services under this Agreement which results in a material impact to the Contractor's revenue and/or cost of operations the provisions of Section 11.9 shall apply. 2675
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A. Meet and Confer. In the event of disputes regarding the performance of any obligation under this Agreement which results in a material impact to the Contractor's revenue and/or cost of operations, the City and Contractor agree that they promptly will meet and confer to attempt to resolve the matter between themselves.
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B. Mediation. If disputes which arise under this Agreement cannot be resolved satisfactorily between the Parties in accordance with Section 11.9.A, the City and Contractor agree that such disputes shall be submitted to mandatory, non-binding mediation by a mutually agreed upon independent third party.
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C. Period of Time. Insofar as allowed by Applicable Law, the period otherwise applicable for filing claims against the City under Applicable Law shall be tolled during the period of time for which meet and confer or mediation procedures are pending, in accordance with Sections 11.9.A and
10.9.B.
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D. Litigation. Litigation may be commenced only after all reasonable efforts to resolve the dispute(s) pursuant to Sections 11.9.A, 11.9.B, and 11.9.C have failed and any necessary claim(s) have been denied.
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ARTICLE 12.
REPRESENT ATIONS AND WARRANTIES OF
THE PARTIES
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The Parties, by acceptance of this Agreement, represents and warrants the conditions presented in this Article.
2695 12.I CONTRACTOR'S CORPORATE STATUS
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Contractor, or parent company, is a corporation duly organized, validly existing and in good standing under the laws of the State. It is qualified to transact business in the State and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. 2699 12.2 CONTRACTOR'S CORPORATE AUTHORIZATION
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Contractor has the authority to enter this Agreement and perform its obligations under this Agreement.
The Board of Directors of Contractor (or the shareholders, if necessary) has taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement.
The Person signing this Agreement on behalf of Contractor represents and warrants that they have authority to do so. This Agreement constitutes the legal, valid, and binding obligation of the Contractor. 2705 12.3 AGREEMENT WILL NOT CAUSE BREACH
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To the best of Contractor's and City's knowledge after reasonable investigation, the execution or delivery of this Agreement or the performance by either Party of their obligations hereunder does not conflict with, violate, or result in a breach: (i) ofanyApplicable Law; or, (ii) anyterm orcondition ofanyjudgment, order, or decree of any court, administrative agency or other governmental authority, or any agreement or instrument to which Contractor or City is a party or by which Contractor or any of its properties or assets are bound or constitutes a default hereunder.
;-i:i; 12.4 NOLITIGATION
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To the best of Contractor's and City's knowledge after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality decided, pending or threatened against either Party wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would:
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A. Materially adversely affect the performance by Party of its obligations hereunder; B. Adversely affect the validity or enforceability of this Agreement; or, 2719
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C. Have a material adverse effect on the financial condition of Contractor, or any surety or entity guaranteeing Contractor's performance under this Agreement. 2721 12.5 NOADVERSEJUDICIALDECISIONS
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To the best of Contractor's and City's knowledge after reasonable investigation, there is no judicial decision that would prohibit this Agreement or subject this Agreement to legal challenge.
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2724 12.6 NOLEGALPROHIBITION
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To the best of each Party's knowledge, after reasonable investigation, there is no Applicable Law in effect on the date that Party signed this Agreement that would prohibit the performance of either their obligations under this Agreement and the transactions contemplated hereby. 2728 12.7 CONTRACTOR'SABILITYTOPERFORM
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Contractor possesses the business, professional, and obligations, and duties as described in and required by Contractor possesses the ability to secure equipment, perform its obligations under this Agreement.
technical expertise to perform all services,
this Agreement including all Exhibits thereto.
facility, and employee resources required to
ARTICLE 13.
OTHER AGREEMENTS OF THE PARTIES
2735 13.1 RELATIONSHIP OF PARTIES
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The Parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and neither as an officer nor employee of City, nor as a partner or agent of, or joint venture with, City. No employee or agent of Contractor shall be, or shall be deemed to be, an employee or agent of City. Contractor shall have the exclusive control over the manner and means of performing services underthis Agreement, except as expressly provided herein. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Subcontractors and agents.
Neither Contractor nor its officers, employees, Subcontractors, and agents shall obtain any rights to retirement benefits, workers" compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City. 2745 13.2 COMPLIANCEWITHLAW
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Contractor shall at all times, at its sole cost, comply with all Applicable Laws, permits and licenses of the United States, the State, County, and City and with all applicable regulations promulgated by Federal, State, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term.
2750 13.3 GOVERNINGLAW
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This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State.
2753 13.4 JURISDICTION
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Any lawsuits, at law orin equity, between the Parties arising out of this Agreement shall be filed in a court of competent jurisdiction in the County. With respect to venue, the Parties agree that this Agreement is made in and will be performed in the County. The Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
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2758 13.5 BINDINGONSUCCESSORS
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The provisions of this Agreement shall inure to the benefit to and be binding on the successors and permitted assigns of the Parties.
2761 13.6 ASSIGNMENT
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Except as may be provided for in Article 10 (City's Right to Perform Service), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement.
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For pu rposes of this Section when used in reference to Contractor, "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstandin@ common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re- capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor.
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Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Discarded Materials management operations in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Discarded Materials management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. 2788
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If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements:
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a. Contractor shall undertake to pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; 2794
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b. Contractor shall pay the City a transfer fee equal to 1% of the Gross Revenues times the number of years (pro-rated for partial years) remaining under this Agreement (based on actual rate revenues for the prior 12-months);
2797 c. Contractor shall furnish City with audited financial statements of the proposed assignee's July 12, 2022 Page 71 City of South Gate
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2798 operations for the immediately preceding three (3) operating years; 2799
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d. A proforma financial statement (income statement and balance sheet) for the proposed assignee with the projected results of operations assuming that the assignment is completed. Such proforma financial statement shall reflect any debt to be incurred by the assignee as part of the acquisition of Contractor's operations; and,
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e. ContractorshallfurnishCitywithsatisfactoryproof:(i)thattheproposedassigneehasatleastten (10) years of Discarded Materials management experience on a scale equal to or exceeding the sale of operations conducted by Contractor underthis Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any Federal, State, or local agency having jurisdiction over its Discarded Materials management operations due to any significant failure to comply with State, Federal, or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Discarded Materials management practices in accordance with sound Discarded Materials management practices in full compliance with all Federal, State, and local laws regulating the Collection and Disposal of Discarded Materials including Hazardous Material; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner.
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Under no circumstances shall City be obliged to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. 2819 13.7 NOTHIRD-PARTYBENEFICIARIES
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This Agreement is not intended to, and will not be construed to, create any right on the part of any third party to bring an action to enforce any of its terms. 2822 13.8 WAIVER
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The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any monies which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other Party of any provision of this Agreement. 2828 13.9 AFFILIATED COMPANIES
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Contractor's accounting records shall be maintained on a basis showing the results of Contractor's operations under this Agreement separately from operations in other locations, as if Contractor were an independent entity providing service only to City. The costs and revenues associated with providing service to City shall not be combined, consolidated or in any other way incorporated with those of other operations conducted by Contractor in other locations, or with those of an Affiliate. 2834
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If Contractor enters into any financial transactions with a Related Party Entity for the provision of labor, equipment, supplies, services, capital, etc., related to the furnishing of service under this Agreement, that relationship shall be disclosed to City, and in the financial reports submitted to City. In such event, City's July 12, 2022 Page 72 City of South Gate
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2837 rights to inspect records, and obtain financial data shall extend to such Related Party Entity or entities. 2838 13.10 TRANSITION TO NEXT CONTRACTOR
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Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent Discarded Materials enterprise it designates to assure a smooth transition of Discarded Materials Handling Services.
Contractor's cooperation shall include, but not be limited to, providing both the City and subsequent Discarded Materials enterprise with route lists, Billing information, lists of gate or other access codes and information needed for entry to service areas, Container placement areas by address, levels of service including any special needs or services required by each location, and other operating records needed to service all Premises covered by this Agreement. In recognition of the difficulty inherent in Customer's difficulty orinability to store two sets of Containers, Contractor shall remove its Containers in coordination with the distribution of Containers by the incoming service provider. Contractor shall cooperate with the City and incoming service provider in agreeing to the timing of Container removal; if Parties cannot agree on a phase-out schedule and Contractor does not remove Containers in a timely manner that requires Customers to store two Containers, City, incoming service provider, or another entity may remove Contractor's Containers and seek cost reimbursement from Contractor through its performance bond, letter of credit or other means. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant.
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Contractor shall, to the maximum extent feasible provide a new service provider with all keys, security codesandremotecontrolsusedtoaccessgaragesandBinenclosures. Contractorshallberesponsiblefor coordinatingTransferimmediatelyafterContractor"sfinalpickups,soasnottodisruptservice. Contractor shall provide City with detailed route sheets containing service names and addresses, Billing names and addresses, monthly rate and Service Levels (quantity, material type, and size of Containers and pickup days) at least 90 days prior to the transition date and provide an updated list two weeks before the transition and a final list of changes the day before the transition. Contractor shall provide means of access to the new service provider at least one full calendar day (excluding Saturday, Sunday and Holidays as defined in Exhibit A) prior to the first day of Collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all Containers. 2866
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Contractor to provide documentation of any Customer declining request to provide keys, security codes, and/or remote controls used to access garages and Bin enclosures. 2868 13.11 CONTRACTOR'S INVESTIGATION
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Contractor has made an independent investigation (satisfactoryto it) ofthe conditions and circumstances surrounding the Agreement and the work to be performed by it. 2871 13.12 CONDEMNATION
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City fully reserves the rights to acquire Contractor's property utilized in the performance of this Agreement,bypurchaseorthroughtheexerciseoftherightofeminentdomain. Thisprovisionisadditive, and not intended to alter the rights of the Parties set forth in Article 10.
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2875 13.13 NOTICE PROCEDURES
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All notices, demands, requests, proposals, approvals, consents, and other communications, which this Agreement requires, authorizes or contemplates, shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or deposited in the United States mail, first class postage prepaid, addressed as follows:
2880 If to City:
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City of South Gate
Attn: City Manager
8650 California Avenue, South Gate, CA 90280
(323) 563-9500
If to Contractor:
Universal Waste Systems, Incorporated
Matt Blackburn
Executive Vice President
Mailing Address: P.O Box 3038, Whittier, CA 90605
Physical Address: 9010 Norwalk Boulevard, Santa Fe Springs, CA 90670 (562) 695-8236
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The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered or, if mailed, three (3) calendar days from the date it is deposited in the mail. Either Party may choose to provide email notification to the other Party that notice has been deposited in the mail, however such email notification shall not constitute official notice. ;sgg 13.14 REPRESENTATIVES OF THE PARTIES
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References in this Agreement to the "City" shall mean the City's elected body and all actions to be taken by City except as otherwise provided in this Section 13.14. Each reference to an act performed by, or obligation of the City Manager in this Agreement is itself a delegation of authority from the City. The City may delegate, in writing, further authority to the City Manager and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers.
The Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them.
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The Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of the Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind the Contractor. City may rely upon action taken by such designated representative as actions of the Contractor unless they are outside the scope of the authority delegated to him/her by the Contractor as communicated to City. 2912 13.15 COMPLIANCE WITH MUNICIPAL CODE
2913 ContractorshallcomplywiththoseprovisionsofthemunicipalcodeofCitywhichareapplicable,andwith July 12, 2022 Page 74 City of South Gate
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2914 anyandallamendmentstosuchapplicableprovisionsduringtheTermofthisAgreement. 2915 13.16 COOPERATION FOLLOWING TERMINATION
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At the end of the Term or in the event this Agreement is terminated prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent Contractor to assure a smooth transition of Discarded Materials management services. Contractor's cooperation shall include, but not be limited to, providing operating records needed to service all properties covered by this Agreement. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. 2922 13.17 COMPLIANCE WITH IMMIGRATION LAWS
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Contractor shall be knowledgeable of and comply with all local, State, and Federal laws which may apply to the performance of this Agreement. Contractor warrants and represents that all of its employees, including any and all prospective employees hired to perform services for the City under this Agreement and the employees of any Subcontractor retained by the Contractor to perform a portion of the services underthis Agreement, are and will be authorized to peform the services contemplated by this Agreement in full compliance with all applicable State and Federal laws, rules and regulations, including, but not limited to, the Immigration Nationality Act of 1952 (commencing with Section 1101 of Title 8 of the United States Code), and the Immigration Nationality and the Immigration Reform and Control Act of 1986 (commencingwithSectionl324aofTitle8oftheUnitedStatesCode),asamended. Contractoragreesto verify the legal status of all of its employees and provide documentation of such verification whenever requestedbytheCity. lfContractordiscoversthatanyemployeeithasretainedisnotincompliancewith Immigration Laws, Contractor agrees to terminate such employee. 2935
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ARTICLE 14.
MISCELLANEOUS AGREEMENTS
2937 14.I ENTIRE AGREEMENT
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This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. Each Party has cooperated in the drafting and preparation of this Agreement and this Agreement shall not be construed against any Party on the basis of drafting. This Agreement may be amended only by an agreement in writing, signed by each of the Parties hereto. 2943 14.2 SECTION HEADINGS
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The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.
2947 14.3 REFERENCESTOLAWS
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All references in this Agreement to laws and regulations shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided herein.
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2950 14.4 INTERPRETATION
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This Agreement, including the Exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting.
2954 14.5 AMENDMENTS
2955 This Agreement may not be modified or amended in any respect except in writing signed by the Parties. 2956 14.6 SEVERABILITY
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If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein.
2961 14.7 COUNTERPARTS
2962 This Agreement may be executed in counterparts, each of which shall be considered an original. 2963 14.8 EXHIBITS
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Each of the Exhibits identified as Exhibit "A" through "M" is attached hereto and incorporated herein and made a part hereof by this reference. In the event of a conflict between the terms of this Agreement and the terms of an Exhibit, the terms of this Agreement shall control. In the event of a conflict between Exhibit L, and any other Exhibit(s), such other Exhibit(s) shall control. 2968 14.9 NON-WAIVERPROVISION
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Failure of either party to exercise any of the remedies set forth herein within the time periods provided for shall not constitute a waiver of any rights of that party with regard to that failure to perform or subsequent failures to perform whether determined to be a breach, excused performance or unexcused defaults by the other party.
2973 14.10 ATTORNEYS' FEES
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If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and, in addition, a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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2982 IN WITNESS WHEREOF, this Agreement is entered by the Parties hereto in Los Angeles County, California 2983 onthedayandyearfirstabovewritten.
2984
City of South Gate
A Municipal Corporation "CITY"
AI Rios, Mayor Date
ATTEST:
Yodit Glaze, City Clerk
(SEAL)
Date
APPROVED AS TO FORM: Universal Waste Systems, Incorporated "CONTRACTOR"
DRAFT
Raul F. Salinas, City Attorney Date Signature Date
Print Name of Signatory
Title of Signatory
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EXHIBIT A
DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the following words and phrases shall have the following meanings respectively ascribed to them by this Exhibit and shall be capitalized throughout this Agreement:
"Abandoned Waste" means Recyclable Materials, Organic Materials, Solid Waste, C&D, Excluded Waste, Bulky Items, or other materials which have been abandoned, littered, or illegally dumped in the public right of way or on public or City property.
"AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 ofthe California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time. "AB 341" means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as "AB 341", as amended, supplemented, superseded, and replaced from time to time.
"AB 939" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), also commonly referred to as "AB 939," as amended, supplemented, superseded, and replaced from time to time.
"Agreement" means this Agreement between City and Contractor, including all exhibits, and any future amendments hereto.
"Alternative Daily Cover" or "ADC" has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations.
"Alternative Intermediate Cover" or "AIC" has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations.
"Applicable Law" means all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, and Solid Waste that are in force on the Effective Date and as may be enacted, issued or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383. "Approved C&D Processing Facility" means the Direct Disposal C&D Recycling, 3720 Noakes Street, Los Angeles, which is owned and operated by California Waste Services, LLC, that is a C&D Processing Facility. "Approved Disposal Facility" means the Chiquita Canyon Sanitary Landfill, 29201 Henry Mayo Drive, Castaic, which is owned and operated by Waste Connections, and Sunshine Canyon Landfill, 14747 San Fernando Road, Sylmar, which is owned and operated by Republic Services, that are Disposal Facilities.
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-1
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EXHIBIT A
DEFINITIONS
"Approved Facility(ies)" means any one of or any combination of the: Approved Recyclable Materials Processing Facility; Approved Organic Materials Processing Facility; Approved Organic Materials Processing Facility; Approved Transfer Facility; Approved Reusable Materials Processing Facility; and/or Approved Disposal Facility.
"Approved High Diversion Organic Waste Processing Facility" means the 24th Street Facility 2460 E. 24th Street, Los Angeles, which is owned and operated by Universal Waste Systems Incorporated, that is a High Diversion Organic Waste Processing Facility.
"Approved Processing Facility(ies)" means any one of or any combination of the: Approved Recyclable Materials Processing Facility; Approved Organic Materials Processing Facility; or, Approved Reusable Materials Processing Facility.
"Approved Organic Materials Processing Facility" means the Greewise Soil Technologies, 10120 Miller Way, South Gate, which is owned and operated by Greenwise Soil Technologies;, that is an Organics Materials Processing Facility.
"Approved Recyclable Materials Processing Facility" means the Universal Waste Systems, Inc. 9010 and 9016 Norwalk Boulevard, Santa Fe Springs, which is owned and operated by Universal Waste Systems, Incorporated, that is a Recyclable Materials Processing Facility. "Approved Solid Waste Processing Facility" means the Universal Waste Systems, Inc. 9010 and 9016 Norwalk Boulevard, Santa Fe Springs, which is owned and operated by Universal Waste Systems, Incorporated, that is Solid Waste Processing Facility. "Approved Transfer Facility" means the Universal Waste Systems, Inc. - 9010 and 9016 Norwalk Blvd.
Santa Fe Springs, CA 90670 - Owned and operated by UWS, which is owned and operated by Universal Waste Systems, Incorporated, that is a Transfer Facility. "Bin" means a Container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading Collection vehicle, including Bins with Compactors attached to increase the capacity of the Bin. "Bulky Item" means discarded Appliances (including refrigerators), furniture, tires, carpets, mattresses, E-Waste, bundled and tied Yard Trimmings and/or wood waste, and similar large items which can be handled by two (2) people, weigh no more than two hundred (200) pounds, and require special Collection due to their size or nature, but can be Collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky Items must be generated by the Customer and at the service address wherein the Bulky Items are Collected. Bulky Items do not include abandoned automobiles, large auto parts, trees, Construction and Demolition Debris, or items herein defined as Excluded Waste.
"Business Days" mean days during which the City offices are open to do business with the public.
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-2
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EXHIBIT A
DEFINITIONS
"California Code of Regulations (CCR)" means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"CalRecycle" means California's Department of Resources Recycling and Recovery. "Cardboard" means corrugated fiberboard consisting of a fluted corrugated sheet and one (1) or two (2) flat linerboards, as is often used in the manufacture of shipping containers and corrugated boxes.
Cardboard is a subset of Recyclable Materials.
"Cart" means a plastic Container with a hinged lid and wheels that is serviced by an automated or semi- automated Collection vehicle. A Cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes). "City" means the City of South Gate, a municipal corporation, and all the territory lying within its boundaries as presently existing or as such boundaries may be modified during the Term of this Agreement.
"City Council" means the duly elected representative council, or its successor municipal governing body, of the City.
"City Manager" means City Manager, who is responsible for the administrative management of this Agreement, or their designee.
"City Fees" means all fees payable to the City, identified and referenced in Article 7 of this Agreement. "Change in Law" means any of the following events or conditions that has a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement (except for payment obligations):
a. The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation of any Applicable Law on or after the Effective Date; or,
b. Theordero2udgmentofanygovernmentalbody,onoraftertheEffectiveDate,totheextent such order or judgment is not the result of willful or negligent action, error or omission orlack of reasonable diligence of City or of the Contractor, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. "Collect" or "Collection" (or any variation thereof) means the act of taking possession of Recyclable Materials, Organic Materials, Solid Waste, Bulky Items, and other material at the place of generation in City.
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-3
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EXHIBIT A
DEFINITIONS
"Commencement Date" means the date specified in Section 2.1 when Collection, Transportation, and Processing services required by this Agreement shall be provided. "Commercial" shall mean of, from, or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. "Commercial Edible Food Generator" includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7). "Community Composting" means any activity that Composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 6 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).
"Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for Compostability.
"Compactor" means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard Bin Compactors serviced by front-end loader Collection vehicles and ten (10) to forty (40) cubic yard Roll-Off Box Compactors serviced by roll-off Collection vehicles. "Complaint" shall mean each written or orally communicated statement made by any Person, whether to City or Contractor, alleging: (1) non-performance, or deficiencies in Contractor's performance, of its duties under this Agreement; (2) a violation by Contractor of this Agreement; or, (3) an SB 1383 Non-Compliance Complaint.
"Composting" or "Compost" (or any variation thereof) includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost product. "Construction and Demolition Debris (C&D)" includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, Commercial buildings, or other structures, excluding Excluded Waste. Construction and Demolition Debris includes rocks, soils, tree remains, and other Yard Trimmings which results from land clearing or land development operations in preparation for construction.
City of South Gate, July 12, 2022 Franchise Agreement, Exhibit A Page A-4
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EXHIBIT A
DEFINITIONS
"Consumer Price Index" "CPI" means the Consumer Price Index for All Urban Consumers (CUUROOOOAOLIE), all items less food and energy - u.s. City Average. "Container(s)" mean Bins, Carts, Compactors, and Roll-Off Boxes. "Contamination Processing Fee Notice" means the notice as described in Section 4.11.1.E. "Contractor" means Universal Waste Systems, Incorporated, organized and operating under the laws of the State and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and Subcontractors.
"Contractor's Compensation" means the monetary compensation received by Contractor in return for providing services in accordance with this Agreement as described in Article 8. "Contractor's Contract Administrator" means the individual authorized by Contractor as described by Section 5.7.E.1.
"Contractor's Proposal" means the proposal submitted to City by Contractor on January 27, 2022, and subsequently updated on May 12, 2022, for provision of Recyclable Materials, Organic Materials, and Solid Waste Collection and Processing services and certain supplemental written materials, which are included as Exhibit G to this Agreement and are incorporated by reference. "County" means the County of Los Angeles, a political subdivision of the State of California. "Courtesy Pick-Up Notice" means the Contractor's notice to Customer(s) as described in Section 4.10.1.C. "Curb" or "Curbside" (or any variation thereof) means the cornered edging between the street and sidewalk. Curb or Curbside also means and describes the location of a Collection Container for pick-up, where such Container is placed on the street or alley against the face of the Curb, or where no Curb exists, the Container is placed not more than five (5) feet from the outside edge of the street or alley nearest the property's entrance.
"Customer" means the Person whom Contractor submits its billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises.
"Customer Account Information Database" means the Customer Account Information Database os identified in Section 4.7 that shall be developed, maintained, and monitored in accordance with the requirements of this Agreement.
"Customer Type" means the Customer's sector category including, but not limited to, Single-Family, Multi-Family, Commercial, Roll-Off Box, and City.