Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680
(714) 379-9222 | StantonCA.gov
Approved for Advertising:
______________________
Public Works Director/City Engineer
[email protected]
(714) 890-4203
Issue Date: Thursday, January 9, 2025
Deadline for Questions: Monday, February 3, 2025
Proposal Due Date: Monday, February 17, 2025, at 3:00 p.m.
Presentation/Interviews: TBD (as necessary)
The City of Stanton (“City”) is requesting proposals from qualified professional contractors to provide crossing guard services.
Proposals must conform to the requirements of this Request for Proposal (RFP) and proposals must be submitted in a sealed envelope to the Department of Public Works and Engineering no later than 3:00 p.m. on Monday, February 17, 2025. The Contractor contract is anticipated to be awarded at a June City Council meeting. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The city alone, using the criteria determined by the city, will select the qualified candidate.
The successful Contractor will be required to enter into an agreement with the city, which will include the requirements of this RFP, as well as other requirements to be specified at a later date. By submitting a proposal, the Contractor agrees to all of the terms of this RFP.
Please direct any questions by the deadline for questions listed on the cover page of this RFP to Han Sol Yoo, P.E., Civil Engineer, via email at [email protected].
The City of Stanton works with the Savanna School District and Magnolia School District to provide crossing guard services for students at four (4) intersections within the City.
The City of Stanton is seeking qualified contractors with a minimum of five (5) years of experience providing crossing guard services similar to those requested in this Scope of Work. The qualified contractor selected will furnish all Labor and Equipment to provide crossing guard services at the intersections below:
1. Chanticleer Road & Dale Avenue
2. Cerritos Avenue & Dale Avenue
3. Magnolia Avenue & Pacific Avenue
4. Cerritos Avenue & Knott Avenue
The City / School Districts shall provide the contractor with the yearly school schedules and notify the contractor regarding any summer and Saturday
school that require additional crossing guard services outside of the normal school schedule. Each intersection will be serviced for 3 hours per day, 1.5 hours in the morning (when school begins) and 1.5 hours in the afternoon (when school ends).
The Contractor is to provide all services as outlined below to the City of Stanton.
Services required work shall include, but are not necessarily limited to, those items noted below. Best industry practices and/or best management practices may require additional services not explicitly enumerated.
The Contractor shall provide all necessary machines, equipment, tools and labor, etc., as may be necessary to perform the work outlined herein.
Scope of Work:
See Appendix A – Contract Scope of Services
The initial term for the Agreement shall be for three (3) years, with two (2) optional 1-year extensions at the sole discretion of the City. The crossing guard services listed on the Scope of Work shall begin July 1, 2025, and therefore, the Contractor’s submitted proposal shall be valid till the start of services.
Three (3) copies of the Services Proposal and one (1) copy of the Fee Proposal must be submitted containing the following elements:
• Proposers must submit three (3) bound copies of their proposal to the City for review.
• 8‐1/2" x 11" sheet sizes should be used for the text, with 11" x 17" sheet sizes for any fold‐out drawings.
• The proposal shall be limited to twenty (20) double-sided pages.
Resumes for proposed personnel, tabs, and cover/back pages will not be counted towards the page limit.
• Proposals should be as concise as possible and specific to this project.
LETTER OF TRANSMITTAL
A Letter of Transmittal shall be addressed to Han Sol Yoo, P.E., Civil Engineer, and, at a minimum, must contain the following information:
• Identification of the contractor. Identification shall include legal name of company, corporate address, telephone number and e-mail
address of the contact person identified during the period of proposal evaluation.
• A statement representing that the contractor has thoroughly examined and become familiar with the work required in this Request for Proposal (RFP) and that it is capable of performing quality work to achieve the objectives of the City of Stanton, Public Works Department.
• Acknowledgment of receipt of all addenda, if any.
• A statement to the effect that the proposal shall remain valid in accordance to the start of services, July 1, 2025.
• Signature of the official authorized to bind contractor to the terms of the proposal.
• Signed statement attesting that all information submitted with the proposal is true and correct.
• Complete and submit the “Proposal Acknowledgement Form” as presented in APPENDIX B.
WRITTEN PROPOSAL
The Proposal shall consist of the following sections:
1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.
2. Firm Structure and History. Including the firm’s experience managing projects similar in magnitude and scope, key personnel and structure (organization chart), credentials, background, and ownership of the firm.
3. Key personnel. List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm’s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed to the project. The City must approve changes to key personnel committed to work on the project subsequent to award of contract. Resumes must be submitted for key personnel who will be assigned to this project.
4. A narrative briefly describing the proposed approach using general descriptions for the activities.
5. A list of proposed sub-contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.
6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel-contacts and their position with the agency.
7. Evidence of compliance with City insurance requirements.
8. Exceptions and Deviations. Contractor shall state any exceptions or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where the Contractor wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these shall be thoroughly explained. If no contractual exceptions are noted, Contractor will be deemed to have no objection to the contract requirements as set forth in APPENDIX C, “Sample Professional Services Agreement.”
9. Proposal Acknowledgement Form. Contractor shall complete and submit APPENDIX B, “Proposal Acknowledgement Form.” Failure to submit this signed form will result in the disqualification of the Contractor’s proposal.
SEPARATE FEE PROPOSAL
Contractor fee schedule included with the submittal but in a separate sealed envelope. The proposal shall include hourly rates to provide crossing guard services.
Contractor shall note any Consumer Price Index (CPI) and other annual cost increases, with the understanding that such year-over-year cost increases will be judged unfavorably by the City.
Additional information can be found under Section X, “Payment to Contractor,” below.
Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:
Criteria Approximate
Weight
Staffing Capabilities / Technical Competence. Candidates shall have knowledge of the principles and practices of crossing guard services. Available resources to perform the requested services, as well as an understanding of the
practices, applicable laws and state permits; codes and standards applicable to these services
25%
Approach to Work. Methodology to be implemented to
address and coordinate the various elements within the
program.
20%
Past Performance Record. Experience in completion of
services of similar complexity and scale for other agencies 40%
within Southern California is desirable. Efficiency and timeliness in completion of program requirements.
Cost. Reasonableness of the firm’s fixed price and or hourly rates, and competitiveness of quoted firm-fixed prices with other proposals received.
10%
Exceptions and deviations from the City’s standard
Professional Services Agreement. 5%
Per California law, the procurement of Professional Services must be selected on the basis of qualifications, or Qualifications Based Selection (QBS) in accordance with Public Law 92-582. The procurement of Professional Services can be one-time or multi-year. Professional services contracts have provisions for specific terms, compensation amounts, and scopes of services.
The City reserves the right to require in-person interviews with Contractors, if deemed necessary, after the evaluation of the written proposals. In this case, the Contractors of the three (3) highest-scoring written proposals will be invited to interviews prior to final selection of the Contractor.
Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The city may reject any proposal if it is conditional, incomplete, or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the Contractor from compliance with the contract requirements if the Contractor is awarded the contract.
The successful Contractor to whom work is awarded shall, within ten (10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within the ten (10)-day window shall be just cause for the City to contract with the next responsible Contractor.
In order to be considered, the Contractor must submit three (3) copies of the Service Proposal to the following office:
City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680-3162
Attention: Han Sol Yoo
The proposal outer envelope shall be labeled:
PROPOSAL FOR CROSSING GUARD SERVICES
The proposal must be received at the office listed above no later than the date and time listed on the cover.
There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request.
Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and disregarded.
The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected.
Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm.
All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.
All questions and/or inquiries regarding this RFP shall be directed to:
Han Sol Yoo, P.E.
Civil Engineer
City of Stanton
7800 Katella Avenue
Stanton, CA 90680-3162
(714) 890-4204
Email: [email protected]
All questions and/or inquiries shall be submitted by Monday, February 3, 2025.
Contractors are responsible to verify receipt of any addenda issued. We are aware some of our e-mails go to “junk”. If you do not receive any addenda by Thursday, February 6, 2025, please verify any addenda was issued by contacting Han Sol Yoo by e-mail or telephone. Confirmation of receipt of all addenda is part of the Proposal Acknowledgement Form (APPENDIX B).
All taxes and licenses, including, but not limited to, a Stanton City Business License and appropriate Contractor’s license, required for this work shall be obtained at the sole expense of the Contractor.
The Contractor will be paid monthly for satisfactory work performed under this contract.
On or about the first of each month, the Contractor shall submit a detailed invoice and all reports required in the Agreement for work performed in the prior month.
1. This invoice shall be in accordance with the contract price and shall become the basis for payment.
2. This invoice shall be subject to review and approval by the Engineer.
3. All submitted invoices will be paid within 30 days of approval by the Engineer.
4. Any charges in the invoice not approved by the Engineer shall not be paid by the City.
A. The Contractor shall have Commercial General Liability insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits.
B. The Contractor shall have Automobile Insurance for owned and nonowned automotive equipment in the amount of not less than $1,000,000.
C. The selected firm shall furnish the City a certificate evidencing Workmen’s Compensation Insurance with limits of no less than $1,000,000 per accident and Comprehensive Professional Liability with limits no less than $2.000,000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.
D. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
“Solely as respect to services done by or on behalf of the named insured for the City of Stanton, it is agreed that the City of Stanton, the Successor Agency of the City of Stanton, its officers, employees, and agents are all included as additional insured under this general liability policy, and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Stanton, its officers and employees, and its agents, under any third-party liability policy.”
E. It is the Contractor’s responsibility to ensure that all sub-contractors comply with the following:
Each sub-contractor that encroaches within the City’s right-of-way and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City.
The City reserves the right to terminate the “Professional Services Agreement” for the “convenience of the City” at any time by giving ten (10) days written notice to the Contractor of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes, and other materials produced and procured by the Contractor under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Contractor within ten (10) working days from the
date of such termination. The City will reimburse the Contractor for all acceptable work performed as set forth in the executed Agreement.
The Contractor’s relationship to the City in the performance of the Contractor’s services for this project is that of an independent contractor. The personnel performing said services shall at all times be under the Contractor’s exclusive direction and control and shall be employees of the Contractor, not employees of the City. The Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of said work, and shall be responsible for all employee reports and obligations, including, but not limited to, Social Security, income tax withholding, unemployment compensation, and Workers’ Compensation.
The Contract includes the Professional Services Agreement, the City’s RFP, the Contractor’s Proposal, and Exhibits.
The Political Reform Act and the City’s Conflict of Interest Code require that Contractors be considered as potential filers of Statements of Economic Interest. Contractors, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within thirty (30) days of signing a Contractor Agreement with the City, on an annual basis thereafter while the contract remains in effect, and within thirty (30) days of completion of the contract.
Pre-contractual expenses are defined as expenses incurred by the Contractor in: (1) preparing the proposal; (2) submitting the proposal to the City; (3) presenting during the selection interview; (4) negotiating with the City on any matter related to the proposal; (5) any other expenses incurred by the Contractor prior to an executed Agreement, and (6) attendance of City Council for Award of Contract.
The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Contractor. Services shall not commence until the Agreement for Professional Contractor Services has been executed by the City.
The City reserves the right to withdraw this RFP at any time without prior
notice. Further, the City makes no representations that any Agreement will be awarded to any Contractor responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection(s). Any contract awarded for these Contractor engagements will be made to the Contractor who, in the opinion of the City, is best qualified.
Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a “Public Works” project require payment of prevailing wages including but not limited to, testing, potholing and non-design work.
APPENDIX A
SCOPE OF SERVICES
The City of Stanton utilizes a contracted company to provide crossing guard services at intersections near schools during the school year and selected special events. Services include but are not limited to monitoring, supervising, and assuring the safety of school children and pedestrians who utilize street intersections and crosswalks to and from school.
The City / School Districts shall provide the contractor with the yearly school schedules and notify the contractor regarding any summer school and Saturday school that require additional crossing guard services outside of the normal school schedule. Each intersection will be serviced for 3 hours per day,
1.5 hours in the morning (when school begins) and 1.5 hours in the afternoon (when school ends).
I. Scope of Work shall include but is not limited to:
• Provide a program manager who will coordinate crossing guard services with a City liaison.
• Provide a supervisor to ensure guard activities are taking place at the required places and times and that proper safety procedures are complied with.
• Provide fully trained and equipped alternate personnel to ensure all contracted locates are covered in the event regular personnel are absent
• Provide all crossing guards with a standardized uniform and proper weather apparel and gear, approved by the City, which will be worn at all times while performing their duties.
• Provide all crossing guards with handheld stop signs and reflective vests, which comply with applicable Federal, State and City laws and regulations.
• Persons provided by the contractor as crossing guards shall be trained by the contractor. Training shall include the laws and codes of the State of California and the City of Stanton pertaining to general pedestrian safety and school crossing areas. Training shall also include general traffic safety for pedestrians, motorists, and the crossing guards themselves. Copies of all training certificates must be provided prior to execution of the contract.
• Provide training for crossing guards in first aid and CPR in accordance with Red Cross certification guidelines. Copies of valid Red Cross certificates on each crossing guard must be furnished to the City prior to signing of the agreement and annually thereafter.
• Provide evidence of compliance with California Vehicle Code Section 21100 as it relates to crossing guards and compliance with California Vehicle Code Section 21100(i) prior to execution of the agreement.
II. Contractor Personnel Requirements-Package of Minimum Qualifications
The Contractor shall maintain personnel files. Files shall consist of a package of documents for each assigned Crossing Guard consisting of training records, minimum qualifications and includes medical record, social security number, military services, arrest records, and previous employment. Contractor shall provide the City with written certification that each Guard assigned to the City conforms to all City requirements and standards specified.
III. Criminal Background Check
The Contractor shall complete a criminal background check of all Crossing Guards, prior to assignment under the contract, and prior to assigning a Crossing Guard to a City location. Thereafter, Contractor shall conduct an annual check, or as deemed necessary for security reasons. The criminal background check shall be for felony and misdemeanor violations in all United States or countries that the individual has resided in the last five (5) years. Any Crossing Guard found failing to divulge a felony of misdemeanor conviction should not be assigned to the City’s contract. All costs of these checks shall be at the Contractor’s expense. Nothing in this contract affects or limits Contractor’s obligation under state and federal law to comply with all hiring and background checks procedures in a nondiscriminatory manner.
Based on the nature of the duties of the Crossing Guards, which involves close proximity to and authority over children, an analysis has been undertaken to determine crimes which would make an employee unsuitable to be assigned to City Crossing Guard Service. Crossing Guards who have been convicted of (or arrested for and are awaiting trial) any of the following will not be accepted nor assigned to City Crossing Guard Service:
• Conviction for any crimes listed in Public Resources Code Section 5164, as it may be amended including but not limited to indecent exposure; willful cruelty or unjustified punishment of a child; causing, encouraging, or contributing to the delinquency of a minor; child molestation; rape, statutory rape, incest, or sodomy; kidnapping; armed robbery; murder or involuntary manslaughter; use of a firearm or dangerous weapon in the commission or attempt to commit a felony; or any felony subject to life imprisonment or the death penalty, subject to the limitation stated in Section 5164
• Any crimes, felony or misdemeanor, against a child
• Sex Crime Conviction
IV. Conduct
Contractor’s Crossing Guards will be working at City locations, and as such, they must be polite, courteous, helpful, and interested in serving the public well. Professional standards are expected at all times while on a City post. The City’s designated representative will routinely conduct surprise inspections to ensure the quality of contract Crossing Guards assigned to the City. If it is determined that assigned Crossing Guards do not meet standards of courtesy, ethics, appearance, alertness, and preparedness, they will be removed from post immediately at the expense of the Contractor.
V. Contractor Supervision Requirements
Operations Manager
The Contractor will assign an Operations Manager to ensure the required field supervision and training to the Crossing Guards under his/her supervision during the performance of their duties as required.
The Operations Manager need not be present at all times but should ensure that Crossing Guards assigned to the City are well trained and effective in carrying out their assigned duties. This person will be the liaison to the City. The Operations Manager shall become the City’s primary contact person and be available as needed for the administration and effective functioning of the requested crossing guard services required in the Contract. City staff will have direct access to a manager or shift supervisor. Contract crossing guard company will provide phone numbers to City staff.
VI. Schedule of Services
The Schedule of Services is based on the approximate total of 2,160 project hours annually (August – June) for crossing guards at all locations. Contractor shall perform the Services identified in the Scope of Work at the direction of the City. Additionally, there may be a need for crossing guard services during Saturday and summer school which should be able to be billed as needed.
The four (4) locations in the City in which crossing guards are necessary. the necessary hours are as follows:
Location School Daily Hours Annual Hours
Chanticleer & Dale Robert Pyles E/S 3.00 540
Cerritos & Dale Robert Pyles E/S 3.00 540
Magnolia & Pacific Ester Walter E/S 3.00 540
Cerritos & Knott Hansen E/S 3.00 540
Total Annual Program Hours 2,160
*Locations are subject to change at any time
**The table above does not include any summer school and/or Saturday school days and hours.
55414.00000\32996936.2
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
The Schedule of Services is based on the approximate total of 2,160 project hours annually (August – June) for crossing guards at all locations. Contractor shall perform the Services identified in the Scope of Work at the direction of the City. Additionally, there may be a need for crossing guard services during Saturday and summer school which should be able to be billed as needed.
The four (4) locations in the City in which crossing guards are necessary. the necessary hours are as follows:
Location School Daily Hours Annual Hours
Chanticleer & Dale Robert Pyles E/S 3.00 540
Cerritos & Dale Robert Pyles E/S 3.00 540
Magnolia & Pacific Ester Walter E/S 3.00 540
Cerritos & Knott Hansen E/S 3.00 540
Total Annual Program Hours 2,160
*Locations are subject to change at any time
**The table above does not include any summer school and/or Saturday school days and hours.
55414.00000\32996936.2
C-1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent (5%).
10440 Pioneer Blvd. Ste 5Santa Fe Springs, Ca 90670800-540-9290 FAX 310-202-8325 Proposed Hourly Rate
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of The City of Stanton, CA Crossing Guard Program.
2025-2026 Proposed Hourly Rate: Thirty-one Dollars and Ninety-eight Cents ($31.98) per hour, per guard. This pricing is based upon 4 crossing guard compensated an average of 3.0 hours per day for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 2,160 hours, we project a Not to Exceed price of $69,687.20.
2026-2027 Billing Rate: Thirty-one Dollars and Ninety-eight Cents ($31.98). Not to Exceed price of $69,687.20.
Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. The City of Stanton would only be billed for Crossing Guard services rendered on designated “school days” unless otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Brian Brooks: [email protected] Marketing Manager: David Mecusker: [email protected] Contract Administrator: Claudia Than: [email protected] Comptroller: John Varner [email protected] This pricing is valid for a period of 90 days.
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COOPERATIVE COST SHARING AGREEMENT
BETWEEN THE CITY OF STANTON AND SAVANNA SCHOOL DISTRICT FOR
CROSSING GUARD SERVICES
This COOPERATIVE COST-SHARING AGREEMENT FOR CROSSING GUARD SERVICES (this “Agreement”), dated as of _________, 2025 (“Effective Date”), is entered into by and between the CITY OF STANTON, a California municipal corporation (the “City”), and Savanna School District, a California public corporation (“Savanna SD” or “School District”).
Savanna SD and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” This Agreement is entered into with respect to the following recited facts (each, a “Recital”):
RECITALS
A. The City currently provides and pays for contract crossing guard services for students of Savanna School District and Magnolia School District (“Magnolia SD”) at different intersections within the City. Crossing guards monitor, supervise, and help assure the safety of students and pedestrians that utilize street intersections and crosswalks to and from schools (the “Services”). The City, Savanna SD, and Magnolia SD work together to notify the crossing guards of school schedules, including summer and Saturday school, to ensure that Services are provided for students throughout the academic year.
B. Currently, crossing guard services are provided at four (4) intersections within the City:
Chanticleer Road & Dale Avenue, Cerritos Avenue & Dale Avenue, Magnolia Avenue & Pacific Avenue, and Cerritos Avenue & Knott Avenue. The intersection of Cerritos Avenue & Knott Avenue serves Savanna SD (the “Intersection”). On average, the Intersection is served three hours per day (the “Scope of Services”). The Scope of Services, including level of services and coverage of intersections, may be adjusted based on student traffic, school schedules, and special events.
C. Currently, the City pays for the contract crossing guard services as it contracts directly with the crossing guard service providers, and costs for services at the Intersection are shared with Savanna SD an informal cost-sharing arrangement. The Parties now desire to enter into this cost-sharing agreement to formally establish cost-sharing terms between the Parties, such that Savanna SD shall contribute funding for a portion of the cost of these services, and to memorialize the terms of the costs to be divided among the Parties. All legal prerequisites to this Agreement have been met.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
1. Recitals. The recitals included at the beginning of this Agreement are true and correct and are made a part of this Agreement.
2. Term. The term of this Agreement shall automatically renew on the anniversary of the Effective Date. Any Party that wishes to withdraw from this Agreement shall give the other Party Attachment: B
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55414.00000\43708700.5
at least one hundred and eighty (180) days’ written notice of that Party’s intent to withdraw. The withdrawal shall be effective upon the 180th day from the date the withdrawing Party provided written notice to the other Party.
3. City Obligations. The City shall serve as lead agency in soliciting, reviewing, and making determinations regarding proposals for contract crossing guard services. The City shall exercise sole discretion in selecting and contracting with service providers. The City shall continue to contract directly with service providers, and work together with Savanna SD to develop the Scope of Services for any applicable agreements for services based on student traffic, school schedules, and special events. The City shall pay for contract crossing guard services directly, with costs to be reimbursed by Savanna SD as detailed in the attached Exhibit “A,” which is incorporated herein by this reference.
4. Savanna SD Obligations. Savanna SD shall reimburse the City for its costs of providing crossing guard services, as apportioned and detailed in Exhibit “A.” Savanna SD shall continue to work together with City to develop the Scope of Services for any applicable agreements for services based on student traffic, school schedules, and special events.
5. General Provisions.
5.1 Addresses. The following are the authorized addresses for the submission of Notices to the Parties, as of the Effective Date:
To the City: City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: City Manager
To Savanna SD: Savanna School District
1330 S Knott Avenue
Anaheim, CA 92804
Attn: Superintendent
5.2 Relationship of Parties. The Parties each intend and agree that City and Savanna SD are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association among or between them.
5.3 Survival of Agreement. All of the provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement or prior to or following the withdrawal from the Agreement by either Party, until any such dispute is finally and completely resolved between the Parties.
5.4 Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without application of conflicts of laws principles. The Parties 55414.00000\43708700.5
acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to the Property which is located in the City of Stanton, County of Orange, State of California. All legal actions arising from this Agreement shall be filed in the Superior Court of the State of California in and for the County of Orange or in the United States District Court with jurisdiction in the County of Orange.
5.5 Attorneys’ Fees and Costs. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
5.6 Mutual Indemnification. To the fullest extent permitted by law, the Parties agree to mutually defend, indemnify and hold each other and their officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of the Parties, the Parties’ officials, officers, employees, subcontractors, consultants or agents in connection with this Agreement, including, without limitation, the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Parties. The Parties’ mutual obligation to indemnify each other shall survive expiration or termination of this Agreement or withdrawal of either Party from the Agreement, and shall not be restricted to insurance proceeds, if any, received by City, Savanna SD, or their officials, officers, employees, agents, or volunteers.
5.7 Binding on Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns.
5.8 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties and their respective permitted successors and assigns.
5.9 Time of the Essence. Time is of the essence with respect to all obligations and payments under this Agreement.
5.10 Waivers and Amendments Must be in Writing. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition, restriction or agreement. No waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times, be deemed a waiver or relinquishment of such right or power at any other time or times. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representative(s) of both Parties.
5.11 Execution in Counterparts. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document.
55414.00000\43708700.5
5.12 Entire Agreement. This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to the Services. Except as expressly set forth in this Agreement, no Party makes any representation or warranty material to this Agreement to any other Party.
The Parties have signed this Agreement by and through the signatures of their authorized representatives, as set forth below:
CITY
CITY OF STANTON, a public body,
corporate and politic
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Savanna SD
SAVANNA SCHOOL DISTRICT
By:
55414.00000\43708700.5
EXHIBIT A
COST SHARING FOR SERVICES
1. The division of costs between the Parties for contract crossing guard services are as provided at the following Intersection:
Intersection: Cerritos Avenue/Knott
Avenue
Responsible
Party:
Savanna
SD
City
Academic
Year:
33%, or 1/3
of cost
66%, or 2/3
of cost
Saturday
School:
100% of
cost
0% of cost
Summer
School:
100% of
cost
0% of cost
2. Terms of Payment.
a. Prior to the start of each academic school year, and prior to the start of each summer school session, as applicable, City shall provide Savanna SD with an invoice detailing the total cost breakdown of crossing guard services between the Savanna SD and the City for the term of any applicable contract for crossing guard services, and the lump-sum due to the City by Savanna SD for such services. Savanna SD’s requests for Saturday School will be billed as scheduled. Savanna SD shall pay any invoice from the City for contract crossing guard services in full within 30 days of the date of receipt of the invoice.
b. If Savanna SD fails to pay an invoice from the City in full within 30 days of the City sending out such invoice, the City shall give written notice of the failure to pay to Savanna SD. If Savanna SD does not make the required payment within seven (7) days of the date of the written notice, City shall be entitled to reduce or eliminate crossing guard services at one or more intersections for which Savanna SD is a responsible party, by the proportion of Savanna SD’s unpaid cost allocation.
This provision shall not limit the City from pursuing any other lawful remedy in addition to, or in lieu of the remedies provided in this subsection. 55414.00000\43765113.1
COOPERATIVE COST SHARING AGREEMENT
BETWEEN THE CITY OF STANTON AND MAGNOLIA SCHOOL DISTRICT FOR
CROSSING GUARD SERVICES
This COOPERATIVE COST-SHARING AGREEMENT FOR CROSSING GUARD SERVICES (this “Agreement”), dated as of _________, 2025 (“Effective Date”), is entered into by and between the CITY OF STANTON, a California municipal corporation (the “City”), and Magnolia School District, a California public corporation (“Magnolia SD” or “School District”).
Magnolia SD and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” This Agreement is entered into with respect to the following recited facts (each, a “Recital”):
RECITALS
A. The City currently provides and pays for contract crossing guard services for students of Savanna School District (“Savanna SD”) and Magnolia SD at different intersections within the City. Crossing guards monitor, supervise, and help assure the safety of students and pedestrians that utilize street intersections and crosswalks to and from schools (the “Services”). The City, Savanna SD, and Magnolia SD work together to notify the crossing guards of school schedules, including summer and Saturday school, to ensure that Services are provided for students throughout the academic year.
B. Currently, crossing guard services are provided at four (4) intersections within the City:
Chanticleer Road & Dale Avenue, Cerritos Avenue & Dale Avenue, Magnolia Avenue & Pacific Avenue, and Cerritos Avenue & Knott Avenue. The intersections of Chanticleer Road & Dale Avenue, Cerritos Avenue & Dale Avenue, and Magnolia Avenue & Pacific Avenue serve Magnolia SD (the “Intersections”). On average, intersections are served three hours per day (the “Scope of Services”). The Scope of Services, including level of services and coverage of intersections, may be adjusted based on student traffic, school schedules, and special events.
C. Currently, the City pays for the contract crossing guard services as it contracts directly with the crossing guard service providers, and costs for services at the Intersections are shared with Magnolia SD through an informal cost-sharing arrangement. The Parties now desire to enter into this cost-sharing agreement to formally establish cost-sharing terms between the Parties, such that Magnolia SD shall contribute funding for a portion of the cost of these services, and to memorialize the terms of the costs to be divided among the Parties. All legal prerequisites to this Agreement have been met.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
1. Recitals. The recitals included at the beginning of this Agreement are true and correct and are made a part of this Agreement.
Attachment: C
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55414.00000\43765113.1
2. Term. The term of this Agreement shall automatically renew on the anniversary of the Effective Date. Any Party that wishes to withdraw from this Agreement shall give the other Party at least one hundred and eighty (180) days’ written notice of that Party’s intent to withdraw. The withdrawal shall be effective upon the 180th day from the date the withdrawing Party provided written notice to the other Party.
3. City Obligations. The City shall serve as lead agency in soliciting, reviewing, and making determinations regarding proposals for contract crossing guard services. The City shall exercise sole discretion in selecting and contracting with service providers. The City shall continue to contract directly with service providers, and work together with Magnolia SD to develop the Scope of Services for any applicable agreements for services based on student traffic, school schedules, and special events. The City shall pay for contract crossing guard services directly, with costs to be reimbursed by Magnolia SD as detailed in the attached Exhibit “A,” which is incorporated herein by this reference.
4. Magnolia SD Obligations. Magnolia SD shall reimburse the City for its costs of providing crossing guard services, as apportioned and detailed in Exhibit “A.” Magnolia SD shall continue to work together with City to develop the Scope of Services for any applicable agreements for services based on student traffic, school schedules, and special events.
5. General Provisions.
5.1 Addresses. The following are the authorized addresses for the submission of Notices to the Parties, as of the Effective Date:
To the City: City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: City Manager
To Magnolia SD: Magnolia School District
2705 West Orange Avenue
Anaheim, CA 92804
Attn: Chief Business Official
5.2 Relationship of Parties. The Parties each intend and agree that City and Magnolia SD are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association among or between them.
5.3 Survival of Agreement. All of the provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement or prior to or following the withdrawal from the Agreement by either Party, until any such dispute is finally and completely resolved between the Parties.
55414.00000\43765113.1
5.4 Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without application of conflicts of laws principles. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to the Property which is located in the City of Stanton, County of Orange, State of California. All legal actions arising from this Agreement shall be filed in the Superior Court of the State of California in and for the County of Orange or in the United States District Court with jurisdiction in the County of Orange.
5.5 Attorneys’ Fees and Costs. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
5.6 Mutual Indemnification. To the fullest extent permitted by law, the Parties agree to mutually defend, indemnify and hold each other and their officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of the Parties, the Parties’ officials, officers, employees, subcontractors, consultants or agents in connection with this Agreement, including, without limitation, the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Parties. The Parties’ mutual obligation to indemnify each other shall survive expiration or termination of this Agreement or withdrawal of either Party from the Agreement, and shall not be restricted to insurance proceeds, if any, received by City, Magnolia SD, or their officials, officers, employees, agents, or volunteers.
5.7 Binding on Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns.
5.8 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties and their respective permitted successors and assigns.
5.9 Time of the Essence. Time is of the essence with respect to all obligations and payments under this Agreement.
5.10 Waivers and Amendments Must be in Writing. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition, restriction or agreement. No waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times, be deemed a waiver or relinquishment of such right or power at any other time or times. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representative(s) of both Parties. 55414.00000\43765113.1
5.11 Execution in Counterparts. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document.
5.12 Entire Agreement. This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to the Services. Except as expressly set forth in this Agreement, no Party makes any representation or warranty material to this Agreement to any other Party.
The Parties have signed this Agreement by and through the signatures of their authorized representatives, as set forth below:
CITY
CITY OF STANTON, a public body,
corporate and politic
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Magnolia SD
MAGNOLIA SCHOOL DISTRICT
By:
55414.00000\43765113.1
EXHIBIT A
COST SHARING FOR SERVICES
1. The division of costs between the Parties for contract crossing guard services are as provided at the following Intersections:
Intersection: Chanticleer Road/Dale
Avenue
Magnolia Avenue/Pacific
Avenue
Dale Avenue/Cerritos
Avenue
Responsible
Party:
Magnolia
SD
City Magnolia
SD
City Magnolia
SD
City
Academic
Year:
33%, or 1/3
of cost
66%, or 2/3
of cost
33%, or 1/3
of cost
66%, or 2/3
of cost
100% of
cost
0% of
cost
Saturday
School:
100% of
cost
0% of cost 100% of
cost
0% of cost 100% of
cost
0% of
cost
Summer
School:
100% of
cost
0% of cost 100% of
cost
0% of cost 100% of
cost
0% of
cost
2. Terms of Payment.
a. Prior to the start of each academic school year, and prior to the start of each summer school session, as applicable, City shall provide Magnolia SD with an invoice detailing the total cost breakdown of crossing guard services between Magnolia SD and the City for the term of any applicable contract for crossing guard services, and the lump-sum due to the City by Magnolia SD for such services. Magnolia SD’s requests for Saturday School will be billed as scheduled. Magnolia SD shall pay any invoice from the City for contract crossing guard services in full within 30 days of the date of receipt of the invoice.
b. If Magnolia SD fails to pay an invoice from the City in full within 30 days of the City sending out such invoice, the City shall give written notice of the failure to pay to Magnolia SD. If Magnolia SD does not make the required payment within seven (7) days of the date of the written notice, City shall be entitled to reduce or eliminate crossing guard services at one or more intersections for which Magnolia SD is a responsible party, by the proportion of Magnolia SD’s unpaid cost allocation. This provision shall not limit the City from pursuing any other lawful remedy in addition to, or in lieu of the remedies provided in this subsection.
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 13, 2025
SUBJECT: AB 2561 – VACANCY, RECRUITMENT, AND RETENTION EFFORTS REPORT IN BRIEF:
This report provides an update on position vacancies as of May 1, 2025, and outlines current recruitment and retention efforts in compliance with Assembly Bill (AB) 2561 – Local Public Employees; Vacant positions.
RECOMMENDED ACTION:
1. City Council declare that this project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy or procedure making; and
2. Receive and file this report.
BACKGROUND:
California State Assembly Bill (AB) 2561 was approved on September 22, 2024, and added §3502.3 to the Government Code. AB 2561 became effective on January 1, 2025, and was enacted to standardize reporting on job vacancies, recruitment, and retention efforts across public agencies. The law aims to enhance transparency and provides a framework for assessing and addressing staffing levels. Per AB 2561, public agencies must present an annual update on vacancy status and related efforts in a public hearing before their governing board prior to final budget adoption. The presentation must also identify potential policy or procedural barriers to hiring and allow employee organizations to provide input.
Item: 7A
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ANALYSIS/JUSTIFICATION:
AB2561 imposes three key requirements on local agencies:
1. At least once each fiscal year, an agency’s governing board must hold a public hearing and receive the agency’s report on the status of vacancies and recruitment and retention efforts.
2. During the hearing, the agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles.
3. The agency must allow the recognized employee organization for a bargaining unit to make a presentation at the hearing. (Note: This does not apply to the City, as there are no bargaining units.)
As part of the Fiscal Year 2024-25 Mid-Year Budget process, the City Council approved a total of 57.02 full-time equivalent (FTE) staff positions, consisting of 45 full-time and 25 part-time positions. As of May 1, 2025, 3.4 positions are vacant, representing an overall vacancy rate of approximately 5.9%. Of the 45 full-time positions, only one (1) is vacant (Assistant Planner) due to the reclassification of the former incumbent to Associate Planner. Of the 25 part-time positions, five (5) are vacant (2 Senior Recreation Leaders, 2 Recreation Leaders and 1 Parking Control/Code Enforcement Specialist). During this fiscal year, the City successfully undertook several recruitments including onboarding the following positions:
Full-Time Positions Part-Time Positions
Accounting Technician (1) Accounting Technician (2)
Facilities Maintenance Worker I (1) Intern (3)
Marketing Assistant (1) Recreation Leader (8)
Permit Technician (1) Senior Recreation Leader (1)
Planning Technician (1)
Recruitment efforts are ongoing for four of the five current vacancies. The Parking Control/Code Enforcement Specialist vacancy will not be filled at this time.
AB2561 also requires that during the hearing, the agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles. At this time, staff has not identified any necessary changes to policies and procedures that may present obstacles in the hiring process. The City continues to take steps in support of recruitment and retention. Recent and ongoing efforts include: updates to the Personnel Rules in 2024; salary adjustments through the budget process; alternative work schedules via the City’s Flexible Workplace program; and employee recognition and appreciation initiatives.
The City’s recruitment strategies adhere to established government hiring practices and compliance requirements. Job openings are posted on the City’s website and GovernmentJobs.com to ensure transparency and accessibility. Depending on the role and target applicant pool, the City also uses industry-specific job boards and professional associations to attract qualified candidates. Additionally, the City accepts interest cards that notify candidates when the City initiates an interest recruitment. Human Resources collaborates with the Community Services Department’s Public Information Office division to enhance social media outreach and broaden applicant engagement. Staff continues to employ modern and efficient recruitment processes to fill vacant positions and will continue to review processes to look for ways to improve the effectiveness of the process.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
ENVIRONMENTAL IMPACT:
This item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(2) – continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy or procedure making.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
STRATEGIC GOAL:
Goal 5. Maintain and promote a responsive, high-quality and transparent government.
Prepared by: Cynthia Guzman, Human Resources Manager
Reviewed by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 13, 2025
SUBJECT: APPROVAL OF SECOND AMENDMENT TO WASTE DISPOSAL
AGREEMENT WITH COUNTY OF ORANGE
REPORT IN BRIEF:
Solid waste disposal at Orange County landfills is governed by a Waste Disposal Agreement (WDA), under which cities and sanitary districts agree to deposit certain waste exclusively at County landfills in exchange for low, stable rates. The current WDA, established in 2009 and later extended through June 30, 2025, is now under renegotiation by the Orange County City Manager Association (OCCMA) and OC Waste & Recycling (OCW&R). To allow more time for finalizing terms and fees, the proposed amendment extends the WDA by one year and includes a 2.6% disposal fee increase, as outlined in the existing escalation formula.
RECOMMENDED ACTION:
1. City Council find that the recommended actions are exempt from CEQA per Section15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
2. Approve the Second Amendment to the Waste Disposal Agreement with the County of Orange and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the Second Amendment to Waste Disposal Agreement.
Item: 9A
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2 BACKGROUND:
The current WDA between Orange County cities/sanitary districts and the County of Orange expires on June 30, 2025. In January 2022, OCW&R announced plans to revise the WDA to meet new legislative mandates, including Senate Bill 1383, which requires diversion of organic waste from landfills. On November 7, 2024, OCW&R introduced a proposed successor, the Waste Infrastructure System Enhancement (WISE) agreement, at the Orange County City Manager’s Summit.
ANALYSIS/JUSTIFICATION:
The WISE agreement proposes increasing landfill disposal rates from $42.65 to $82 per ton (a 92.3% increase), establishing a rebate program for composted organic waste, and allocating funds for organics recycling infrastructure at County landfills.
In response, the OCCMA formed a committee in December 2024 to negotiate a successor agreement and requested an extension of the current WDA.
OCW&R agreed to a 12-month extension under the proposed amendment, including a
2.6% disposal fee increase based on the WDA’s escalation formula. The extension allows stakeholders to complete due diligence, review costs, evaluate infrastructure plans, and assess future fee adjustments. If negotiations are not finalized by September 30, 2025, monthly updates will be provided to all cities and sanitary districts starting in October 2025.
Executing the Second Amendment is in the City’s public interest, as it ensures stable disposal rates and continued regional collaboration for an additional year.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
This action is not a project per the California Environmental Quality Act.
LEGAL REVIEW:
None.
STRATEGIC GOAL(S) ADDRESSED:
Strategic Goal 4. Ensure fiscal stability.
3 PUBLIC NOTIFICATION:
Notifications were performed through the normal agenda process.
Prepared by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Second Amendment to Waste Disposal Agreement
SECOND AMENDMENT TO WASTE DISPOSAL AGREEMENT
Between
THE COUNTY OF ORANGE, CALIFORNIA
and the
City of Stanton
June 30, 2025
County Amendment Authorization Date
_________________, 2025
County Notice Address:
Director, OC Waste & Recycling
601 N. Ross Street
5th Floor
Santa Ana, CA 92701
City Amendment Authorization Date
____________________, 2025
City Notice Address:
City of Stanton
Attn: City Manager
7800 Katella Avenue
Stanton, CA 90680
Attachment: A
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SECOND AMENDMENT TO WASTE DISPOSAL AGREEMENT
THIS SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT (“Second Amendment”) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement.(the “City”).
RECITALS
The County owns, manages, and operates a Waste Infrastructure System to manage municipal and solid waste generated within Orange County, California or imported from outside Orange County, California pursuant to contractual agreements (hereafter used referred to as “Disposal System” or “Waste Infrastructure System”). The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
The County is also responsible for the long-term management of 20 closed landfills as required under Applicable Law.
County Landfills are used for the management of municipal solid waste pursuant to legislation including, but not limited to, the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other state and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion, and disposal of municipal solid waste generated within the City.
The City and the County have historically provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs. In 2009, the Parties entered into a new WDA (referred to as the “Original WDA”). In 2016, the Original WDA was amended by the Parties (“First Amendment”), whereby the Parties updated certain terms and extended the term through June 30, 2025. (The Original WDA and its corresponding First Amendment are referred to in this Second Amendment as the “Current WDA”.) In response to passage of several pieces of legislation that require significant reductions in the disposal of organic waste, and in light of the approaching expiration of the Current WDA, the County held two City Manager Summits in November 2024 proposing terms of a new WDA.
The Orange County City Manager Association (“OCCMA”) has established a Committee (“OCCMA Committee”) including representatives of cities and sanitary districts to review the terms of the proposed new WDA. The OCCMA Committee requested a 12-month extension of the Current WDA to allow for additional time to negotiate mutually agreeable terms for a new WDA, and obtain approval from the respective
governing bodies. The County is agreeable to OCCMA’s requested extension to the Current WDA on terms as provided in this Second Amendment.
The City has determined that the execution of this Second Amendment by the City is in the best interest of the City and will serve the public health, safety, and welfare by continuing the waste disposal services historically provided under the Current WDA while the Parties: (1) engage in due diligence related to a new WDA, in order for the City to evaluate the cost/benefit of a new WDA, which is expected to include the City and OCCMA obtaining more comprehensive and detailed information on the County’s plans for infrastructure expansion and improvements, the financial and operational conditions of the existing Waste Infrastructure System, and the components, timing, and procedures for future contract fee increases; and, (2) negotiate the terms and conditions of a new WDA.
The County has determined that the execution by the County of this Second Amendment will serve the public health, safety, and welfare by continuing to provide a stable, predictable, and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, while the Parties exchange information and conduct negotiations with the County goal of ensuring that any negotiated Contract Rate in the new WDA covers the full cost of operations and infrastructure O&M and development needed to ensure indemnification and regulatory compliance..
Official action approving this Second Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
Official action approving this Second Amendment and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
1. Extended Term.
(a) Section 6.1 (A) of the Current WDA is deleted in its entirety and replaced with the following:
“Extended Term. This Agreement shall continue in full force and effect until 11:59 p.m. on June 30, 2026 (the “Extended Term”), unless earlier terminated in accordance with its terms, in which event the Extended Term shall be deemed to have expired as of the date of such termination.” (b) Section 6.1 (B) is deleted in its entirety.
(c) Section 6.1 (C) of the Current WDA is deleted in its entirety and replaced with the following:
“Contract Rate Negotiations During Extended Term. If the Orange County City Manager Association’s committee tasked with negotiating the terms of a successor to this Agreement with the County and recommending approval of the same to the Parties (the “Committee”) and the County have not reached mutually agreeable terms of a successor to this Agreement including, but not limited to, proposed revisions to the Contract Rate, by September 30, 2025, the County shall, and it is expected that the Committee will provide, updates to all Participating Cities, and their respective governing bodies as may be deemed necessary, regarding the status of negotiations on a monthly basis until mutually agreeable terms are reached or the Extended Term expires.”
In recommending any revisions to the Contract Rate, in addition to the circumstances described in Section 4.2(A), the Committee and County may take into consideration factors including, but not limited to, the following:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology;
(vi) changes in transportation costs;
(vii) closure and expansion of nearby landfills;
(viii) capacity of the Disposal System;
(ix) long-term infrastructure needs; and
(x) available reserves which are in excess of the amount reasonably required as reserves. (d) Appendix 2 of the Current WDA is deleted in its entirety and replaced with the following:
APPENDIX 2
Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B) Fiscal Year County Acceptable Waste Tonnage Cumulative County Acceptable Waste Tonnage FY 2025-26 3,166,659 3,166,659
2. Contract Rate.
(a) The first paragraph of Section 4.2(A) of the Current WDA is deleted in its entirety and replaced with the following:
“(A) Establishment of Contract Rate. During the Extended Term, the Contract Rate payable by each Franchise Hauler shall be $43.76 per ton, contingent on the delivery to the Disposal System of an amount of Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2, subjections (i) through (z).”
Note: Subsections (i) through (z) found in the Current WDA remain unchanged.
3. Effectiveness of Second Amendment.
The provisions of this Second Amendment shall not become effective unless and until this Second Amendment has been executed by the County and all of the Participating Cities, and shall become effective once that occurs.
4. Representations and Warranties of the Parties.
Each of the parties to this Second Amendment represent and warrant that it is a political subdivision of the State of California validly existing under the Constitution and laws of the State and that it has duly authorized the execution and delivery of this Second Amendment to each other party.
5. Remaining Terms.
All other terms and conditions of the Current WDA not specifically changed by this Second Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY have caused this Second Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.
County of Orange
By _______________________________
Director, OC Waste & Recycling
Date _____________________
Approved as to Form
By _______________________________
County Counsel
Date _____________________
City of Stanton
By _______________________________
City Manager
Date _____________________
Approved as to Form
By _______________________________
City Attorney
Date _____________________